1669 
of the data at issue, and the number of individuals 
affected or potentially affected by a cybersecurity in-
cident, subject to the limitations described in sub-
section (c); and 
(3) procedures to comply with reporting re-
quirements pursuant to subsection (c). 
(c) CYBERSECURITY
INCIDENT
REPORTING
RE-
QUIREMENTS FOR COVERED CRITICAL INFRASTRUCTURE 
ENTITIES.— 
(1) IN GENERAL.—A covered critical infrastruc-
ture entity, as defined by the Director pursuant to 
subsection (b),meets the requirements of this para-
graph if, upon becoming aware that a covered cyber-
security incident, including an incident involving 
ransomware, social engineering, malware, or unau-
thorized access, has occurred involving any critical 
infrastructure system or subsystem of the critical in-
frastructure, the entity— 
(A) promptly reports such incident to the 
national cybersecurity and communications inte-
gration center, consistent with such require-
ments and process, as soon as practicable (but 
in no case later than 72 hours after the entity 
first becomes aware that the incident occurred); 
and
1670 
(B) provides all appropriate updates to any 
report submitted under subparagraph (A). 
(2) CONTENTS OF REPORT.—Each report sub-
mitted under subparagraph (A) of paragraph (1) 
shall contain such information as the Director pre-
scribes in the reporting procedures issued under sub-
section (a), including the following information with 
respect to any cybersecurity incident covered by the 
report: 
(A) The date, time, and time zone when 
the cybersecurity incident began, if known. 
(B) The date, time, and time zone when 
the cybersecurity incident was detected. 
(C) The date, time, and duration of the cy-
bersecurity incident. 
(D) The circumstances of the cybersecurity 
incident, including the specific critical infra-
structure systems or subsystems believed to 
have been accessed and information acquired, if 
any, as well as any interdependent systems that 
suffered damage, disruption, or were otherwise 
impacted by the incident. 
(E) Any planned and implemented tech-
nical measures to respond to and recover from 
the incident.
1671 
(F) In the case of any report which is an 
update to a prior report, any additional mate-
rial information relating to the incident, includ-
ing technical data, as it becomes available. 
(d) EFFECT OF OTHER REPORTING.—A covered crit-
ical infrastructure entity shall not be considered to have 
satisfied the reporting requirements set forth in subsection 
(c)(1) by reporting information required pursuant to sub-
section (c)(2) related to a covered cybersecurity incident 
to any person, agency or organization, including a law en-
forcement agency, other than to the Director using the 
incident reporting procedures establish by the national cy-
bersecurity and communications integration center using 
the incident reporting procedures established by the Direc-
tor pursuant to subsection (a). 
(e) DISCLOSURE, RETENTION, AND USE.— 
(1) AUTHORIZED ACTIVITIES.—Covered cyber-
security incidents and related reporting information 
provided to the Director pursuant to this section 
may not be disclosed to, retained by, or used by, 
consistent with otherwise applicable provisions of 
Federal law, any Federal agency or department, or 
any component, officer, employee, or agent of the 
Federal Government, except if the Director deter-
1672 
mines such disclosure, retention, or use is necessary 
for— 
(A) the purpose of identifying— 
(i) a cybersecurity threat as such term 
is defined insection 102(5) of the Cyberse-
curity Act of 2015 (contained in division N 
of the Consolidated Appropriations Act, 
2016 (Public Law 114–113; 6 U.S.C. 
1501)), including the source of such cyber-
security threat; or 
(ii) a security vulnerability; 
(B) the purpose of responding to, or other-
wise preventing or mitigating, a specific threat 
of death, serious bodily harm, or serious eco-
nomic harm, including a terrorist act or a use 
of a weapon of mass destruction; 
(C) the purpose of responding to, inves-
tigating, prosecuting, or otherwise preventing or 
mitigating, a serious threat to a minor, includ-
ing sexual exploitation and threats to physical 
safety; or 
(D) the purpose of preventing, inves-
tigating, disrupting, or prosecuting an offense 
arising out of a threat described in subpara-
1673 
graphs (B)–(C) (3) or any of the offenses listed 
in— 
(i) sections 1028 through 1030 of title 
18, United States Code (relating to fraud 
and identity theft); 
(ii) chapter 37 of such title (relating 
to espionage and censorship); and 
(iii) chapter 90 of such title (relating 
to protection of trade secrets). 
(2) EXCEPTION.—The Director may enter into 
an agreement with a federally funded research and 
development center or other research institution to 
provide information in an anonymized manner for 
the purpose of aggregating and analyzing cybersecu-
rity incident data and other reported information for 
the limited purpose of better understanding the 
cyber threat landscape, subject to appropriate pro-
tections for information and removal of any unneces-
sary personal or identifying information. 
(3) PRIVACY AND CIVIL LIBERTIES.—Covered 
cybersecurity incidents and related reporting infor-
mation provided to the Director pursuant to this 
section shall be retained, used, and disseminated, 
where permissible and appropriate, by the Federal 
Government—
1674 
(A) in a manner that protects from unau-
thorized use or disclosure any information re-
ported under this section that may contain— 
(i) personal information of a specific 
individual; or 
(ii) information that identifies a spe-
cific individual; and 
(B) in a manner that protects the con-
fidentiality of information reported under this 
section containing— 
(i) personal information of a specific 
individual; or 
(ii) information that identifies a spe-
cific individual. 
(4) FEDERAL
REGULATORY
AUTHORITY.—In-
formation regarding a covered cybersecurity incident 
and related reporting information provided to the 
Director pursuant to this section may not be used by 
any Federal, State, Tribal, or local government to 
regulate, including through an enforcement action, 
the lawful activities of any non-Federal entity. 
(f) LIMITATION.—The Director may not set criteria 
or develop procedures pursuant to this Act that require 
a covered critical infrastructure entity, identified pursuant
1675 
to subsection (b)(1), to report on any cybersecurity inci-
dent unless such incident— 
(1) causes a loss in the confidentiality, integ-
rity, or availability of proprietary, sensitive, or per-
sonal information; 
(2) results in a disruption or otherwise inhibits 
the ability of an entity to deliver services or conduct 
its primary business activity; or 
(3) was carried out by a foreign country, or 
where there is reason to believe a foreign country 
was involved in such incident. 
(g) DEFINITIONS.—In this section: 
(1) COVERED CRITICAL INFRASTRUCTURE EN-
TITY.—The term ‘‘covered critical infrastructure en-
tity’’ is an entity that owns, operates, supports, or 
maintains critical infrastructure which meets the 
definition set forth by the Director pursuant to sub-
section (b)(1). 
(2) COVERED CYBERSECURITY INCIDENT.—The 
term ‘‘covered cybersecurity incident’’ means a cy-
bersecurity incident experienced by a covered critical 
infrastructure entity that meets the definition and 
criteria set forth by the Director in the procedures 
prescribed pursuant to subsection (b)(2), subject to
1676 
the limitations in subsection (f) that involve, at a 
minimum, an incident that— 
(3) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given that 
term in section 2(4) of the Homeland Security Act 
of 2002 (Public Law 107–196; 6 U.S.C. 101(4)). 
(4) CYBERSECURITY RISK.—The term ‘‘cyberse-
curity risk’’ has the meaning given that term in sec-
tion 2209 of the Homeland Security Act of 2002 (6 
U.S.C. 659). 
(5) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(6) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Cybersecurity and Infrastructure 
Security Agency of the Department. 
(7) NATIONAL
CYBERSECURITY
AND
COMMU-
NICATIONS INTEGRATION CENTER.—The term ‘‘na-
tional cybersecurity and communications integration 
center’’ or ‘‘Center’’ means the national cybersecu-
rity and communications integration center de-
scribed in section 2209 of the Homeland Security 
Act of 2002 (6 U.S.C. 659). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security.
1677 
(9) SECTOR
SPECIFIC
AGENCY.—The term 
‘‘Sector Specific Agency’’ has the meaning given 
that term in section 2201(5) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 651(5)). 
SEC. 1638. FUNDING FOR NATIONAL CENTER FOR HARD-
WARE AND EMBEDDED SYSTEMS SECURITY 
AND TRUST. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 4201 for research, 
development, test, and evaluation, Air Force, as specified 
in the corresponding funding table in section 4201, for 
Aerospace Sensors, line 009, is hereby increased by 
$3,000,000 for the National Center for Hardware and 
Embedded Systems Security and Trust. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 1402 for chemical agents and 
munitions destruction, as specified in the corresponding 
funding table in section 4501, for Chem Demilitariza-
tion—RDT&E, is hereby reduced by $3,000,000. 
SEC. 1639. STRENGTHENING FEDERAL NETWORKS. 
(a) AUTHORITY.—Section 3553(b) of title 44, United 
States Code, is amended—
1678 
(1) in paragraph (6)(D), by striking ‘‘; and’’ at 
the end and inserting a semicolon; 
(2) by redesignating paragraph (7) as para-
graph (8); and 
(3) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) hunting for and identifying, with or with-
out advance notice, threats and vulnerabilities within 
Federal information systems; and’’. 
(b) BINDING OPERATIONAL DIRECTIVE.—Not later 
than 1 year after the date of the enactment of this section, 
the Secretary of Homeland Security shall issue a binding 
operational directive pursuant to subsection (b)(2) of sec-
tion 3553 of title 44, United States Code, to implement 
paragraph (7) of section 3553(b) of title 44, United States 
Code, as added by subsection (a). 
SEC. 1640. DOD CYBER HYGIENE AND CYBERSECURITY MA-
TURITY 
MODEL 
CERTIFICATION 
FRAME-
WORK. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees and 
the Comptroller General of the United States a report on 
the cyber hygiene practices of the Department of Defense 
and the extent to which such practices are effective at pro-
1679 
tecting Department missions, information, system and 
networks. The report shall include the following: 
(1) An assessment of each Department compo-
nent’s compliance with the requirements and levels 
identified in the Cyber Maturity Model Certification 
framework. 
(2) For each Department component that does 
not achieve the requirements for ‘‘good cyber hy-
giene’’ as defined in CMMC Model Version 1.02, a 
plan for how that component will implement security 
measures to bring it into compliance with good cyber 
hygiene requirements within 1 year, and a strategy 
for mitigating potential vulnerabilities and con-
sequences until such requirements are implemented. 
(b) COMPTROLLER GENERAL REPORT REQUIRED.— 
Not later than 180 days after the submission of the report 
required under subsection (a), the Comptroller General of 
the United States shall conduct an independent review of 
the report and provide a briefing to the congressional de-
fense committees on the findings of the review. 
SEC. 1640A. 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)—
1680 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (6) as paragraphs (2) through (7), re-
spectively; 
(B) by inserting before paragraph (2), as 
so redesignated, the following new paragraph: 
‘‘(1) the term ‘cybersecurity purpose’ has the 
meaning given that term in section 102 of the Cy-
bersecurity Information Sharing Act of 2015 (6 
U.S.C. 1501);’’; 
(C) in paragraph (6), as so redesignated, 
by striking ‘‘and’’ at the end; 
(D) by redesignating paragraph (7), as so 
redesignated, as paragraph (8); and 
(E) by inserting after paragraph (6), as so 
redesignated, the following new paragraph: 
‘‘(7) the term ‘security vulnerability’ has the 
meaning given that term in section 102 of the Cy-
bersecurity Information Sharing Act of 2015 (6 
U.S.C. 1501); and’’; 
(2) in subsection (c)— 
(A) in paragraph (10), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (11), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
1681 
(C) by adding at the end the following new 
paragraph: 
‘‘(12) detecting, identifying, and receiving infor-
mation for a cybersecurity purpose about security 
vulnerabilities relating to critical infrastructure in 
information systems and devices.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(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, sci-
entific, or governmental functions or processes 
that relate to critical infrastructure, including 
operational and industrial control systems, dis-
tributed 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 resi-
dential internet enabled consumer devices. 
‘‘(2) AUTHORITY.— 
‘‘(A) IN GENERAL.—If the Director identi-
fies a system connected to the internet with a
1682 
specific security vulnerability and has reason to 
believe such security vulnerability relates to 
critical infrastructure and affects a covered de-
vice or system, and the Director is unable to 
identify the entity at risk that owns or operates 
such covered device or system, the Director may 
issue a subpoena for the production of informa-
tion necessary to identify and notify such entity 
at risk, in order to carry out a function author-
ized under subsection (c)(12). 
‘‘(B) LIMIT
ON
INFORMATION.—A sub-
poena issued pursuant to 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 de-
vices or systems. 
‘‘(C) LIABILITY
PROTECTIONS
FOR
DIS-
CLOSING PROVIDERS.—The provisions of section 
2703(e) of title 18, United States Code, shall 
apply to any subpoena issued pursuant to sub-
paragraph (A). 
‘‘(3) COORDINATION.—
1683 
‘‘(A) IN GENERAL.—If the Director exer-
cises the subpoena authority under this sub-
section, and in the interest of avoiding inter-
ference with ongoing law enforcement investiga-
tions, the Director shall coordinate the issuance 
of any such subpoena with the Department of 
Justice, including the Federal Bureau of Inves-
tigation, pursuant to interagency procedures 
which the Director, in coordination with the At-
torney General, shall develop not later than 60 
days after the date of the enactment of this 
subsection. 
‘‘(B) CONTENTS.—The inter-agency proce-
dures developed under this paragraph shall pro-
vide that a subpoena issued by the Director 
under this subsection shall be— 
‘‘(i) issued to carry out a function de-
scribed in subsection (c)(12); and 
‘‘(ii) subject to the limitations speci-
fied in this subsection. 
‘‘(4) NONCOMPLIANCE.—If any person, part-
nership, corporation, association, or entity fails to 
comply with any duly served subpoena issued pursu-
ant to this subsection, the Director may request that 
the Attorney General seek enforcement of such sub-
1684 
poena in any judicial district in which such person, 
partnership, corporation, association, or entity re-
sides, is found, or transacts business. 
‘‘(5) NOTICE.—Not later than 7 days after the 
date on which the Director receives information ob-
tained through a subpoena issued pursuant to this 
subsection, the Director shall notify any entity iden-
tified by information obtained pursuant to such sub-
poena regarding such subpoena and the identified 
vulnerability. 
‘‘(6) AUTHENTICATION.— 
‘‘(A) IN GENERAL.—Any subpoena issued 
pursuant to this subsection shall be authenti-
cated with a cryptographic digital signature of 
an authorized representative of the Agency, or 
other comparable successor technology, that al-
lows the Agency to demonstrate that such sub-
poena was issued by the Agency and has not 
been altered or modified since such issuance. 
‘‘(B) INVALID IF NOT AUTHENTICATED.— 
Any subpoena issued pursuant to this sub-
section that is not authenticated in accordance 
with subparagraph (A) shall not be considered 
to be valid by the recipient of such subpoena.
1685 
‘‘(7) PROCEDURES.—Not later than 90 days 
after the date of the enactment of this subsection, 
the Director shall establish internal procedures and 
associated training, applicable to employees and op-
erations of the Agency, regarding subpoenas issued 
pursuant to this subsection, which shall address the 
following: 
‘‘(A) The protection of and restriction on 
dissemination of nonpublic information obtained 
through such a subpoena, including a require-
ment that the Agency not disseminate non-
public information obtained through such a sub-
poena that identifies the party that is subject to 
such subpoena or the entity at risk identified by 
information obtained, except that the Agency 
may share the nonpublic information with the 
Department of Justice for the purpose of en-
forcing such subpoena in accordance with para-
graph (4), and may share with a Federal agen-
cy the nonpublic information of the entity at 
risk if— 
‘‘(i) the Agency identifies or is noti-
fied of a cybersecurity incident involving 
such entity, which relates to the vulner-
1686 
ability which led to the issuance of such 
subpoena; 
‘‘(ii) the Director determines that 
sharing the nonpublic information with an-
other Federal department or agency is nec-
essary to allow such department or agency 
to take a law enforcement or national secu-
rity action, consistent with the interagency 
procedures under paragraph (3)(A), or ac-
tions related to mitigating or otherwise re-
solving such incident; 
‘‘(iii) the entity to which the informa-
tion pertains is notified of the Director’s 
determination, to the extent practicable 
consistent with national security or law en-
forcement interests, consistent with such 
interagency procedures; and 
‘‘(iv) the entity consents, except that 
the entity’s consent shall not be required if 
another Federal department or agency 
identifies the entity to the Agency in con-
nection with a suspected cybersecurity inci-
dent.
1687 
‘‘(B) The restriction on the use of informa-
tion obtained through such a subpoena for a cy-
bersecurity purpose. 
‘‘(C) The retention and destruction of non-
public information obtained through such a sub-
poena, including— 
‘‘(i) destruction of such information 
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 Direc-
tor receives information obtained through 
such a subpoena, unless otherwise agreed 
to by the individual identified by the sub-
poena respondent. 
‘‘(D) The processes for providing notice to 
each party that is subject to such a subpoena 
and each entity identified by information ob-
tained under such a subpoena. 
‘‘(E) The processes and criteria for con-
ducting critical infrastructure security risk as-
sessments to determine whether a subpoena is
1688 
necessary prior to being issued pursuant to this 
subsection. 
‘‘(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 re-
sponding to, or subsequent engagement 
with, the Agency, is voluntary; and 
‘‘(ii) to the extent practicable, infor-
mation regarding the process through 
which the Director identifies security 
vulnerabilities. 
‘‘(8) LIMITATION ON PROCEDURES.—The inter-
nal procedures established pursuant to paragraph 
(7) may not require an owner or operator of critical 
infrastructure to take any action as a result of a no-
tice of vulnerability made pursuant to this Act. 
‘‘(9) REVIEW OF PROCEDURES.—Not later than 
1 year after the date of the enactment of this sub-
section, the Privacy Officer of the Agency shall— 
‘‘(A) review the internal procedures estab-
lished pursuant to paragraph (7) to ensure 
that— 
‘‘(i) such procedures are consistent 
with fair information practices; and
1689 
‘‘(ii) the operations of the Agency 
comply with such procedures; and 
‘‘(B) notify the Committee on Homeland 
Security and Governmental Affairs of the Sen-
ate and the Committee on Homeland Security 
of the House of Representatives of the results 
of the review under subparagraph (A). 
‘‘(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 re-
garding the subpoena process under this subsection, 
including information regarding the following: 
‘‘(A) Such internal procedures. 
‘‘(B) The purpose for subpoenas issued 
pursuant to this subsection. 
‘‘(C) The subpoena process. 
‘‘(D) The criteria for the critical infra-
structure security risk assessment conducted 
prior to issuing a subpoena. 
‘‘(E) Policies and procedures on retention 
and sharing of data obtained by subpoenas. 
‘‘(F) Guidelines on how entities contacted 
by the Director may respond to notice of a sub-
poena.
1690 
‘‘(11) ANNUAL REPORTS.—The Director shall 
annually submit to the Committee on Homeland Se-
curity 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 declas-
sification) on the use of subpoenas issued pursuant 
to this subsection, which shall include the following: 
‘‘(A) A discussion of the following: 
‘‘(i) The effectiveness of the use of 
such subpoenas to mitigate critical infra-
structure security vulnerabilities. 
‘‘(ii) The critical infrastructure secu-
rity risk assessment process conducted for 
subpoenas issued under this subsection. 
‘‘(iii) The number of subpoenas so 
issued 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. 
‘‘(v) The number of entities notified 
by the Director under this subsection, and 
their responses, during the preceding year.
1691 
‘‘(B) For each subpoena issued pursuant 
to this subsection, the following: 
‘‘(i) Information relating to the source 
of the security vulnerability detected, iden-
tified, or received by the Director. 
‘‘(ii) Information relating to the steps 
taken to identify the entity at risk prior to 
issuing the subpoena. 
‘‘(iii) A description of the outcome of 
the subpoena, including discussion on the 
resolution or mitigation of the critical in-
frastructure security vulnerability. 
‘‘(12) PUBLICATION
OF
THE
ANNUAL
RE-
PORTS.—The Director shall publish a version of the 
annual report required under paragraph (11) on the 
website of the Agency, which shall, at a minimum, 
include the findings described in clauses (iii), (iv), 
and (v) of subparagraph (A) of such paragraph. 
‘‘(13) PROHIBITION ON USE OF INFORMATION 
FOR
UNAUTHORIZED
PURPOSES.—Any information 
obtained pursuant to a subpoena issued under this 
subsection may not be provided to any other Federal 
department or agency for any purpose other than a 
cybersecurity purpose or for the purpose of enforcing 
a subpoena issued pursuant to this subsection.’’.
1692 
(b) RULES OF CONSTRUCTION.— 
(1) PROHIBITION
ON
NEW
REGULATORY
AU-
THORITY.—Nothing in this section or the amend-
ments made by this section may be construed to 
grant the Secretary of Homeland Security, or the 
head of any another Federal agency or department, 
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 the enactment of this 
Act. 
(2) PRIVATE ENTITIES.—Nothing in this sec-
tion or the amendments made by this section may be 
construed to require any private entity to— 
(A) to request assistance from the Director 
of the Cybersecurity and Infrastructure Secu-
rity Agency of the Department of Homeland 
Security; or 
(B) implement any measure or rec-
ommendation suggested by the Director. 
SEC. 1640B. EXTENSION OF SUNSET FOR PILOT PROGRAM 
ON REGIONAL CYBERSECURITY TRAINING 
CENTER FOR THE ARMY NATIONAL GUARD. 
Section 1651(e) of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 (Public Law
1693 
115–232; 32 U.S.C. 501 note) is amended by striking 
‘‘shall expire on the date that is two years after the date 
of the enactment of this Act’’ and inserting ‘‘shall expire 
on August 31, 2022’’. 
SEC. 1640C. CISA CYBERSECURITY SUPPORT TO AGENCIES. 
Section 3553(b) of title 44, United States Code, is 
amended— 
(1) in paragraph (6)(D), by striking ‘‘; and’’ at 
the end and inserting a semicolon; 
(2) by redesignating paragraph (7) as para-
graph (8); 
(3) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) upon request by an agency, and at the 
Secretary’s discretion, with or without reimburse-
ment— 
‘‘(A) providing services, functions, or capa-
bilities, including operation of the agency’s in-
formation security program, to assist the agen-
cy with meeting the requirements set forth in 
section 3554(b); and 
‘‘(B) deploying, operating, and maintaining 
secure technology platforms and tools, including 
networks and common business applications, for 
use by the agency to perform agency functions,
1694 
including collecting, maintaining, storing, proc-
essing, and analyzing information; and’’. 
SEC. 1640D. ESTABLISHMENT IN DHS OF JOINT CYBER 
PLANNING OFFICE. 
(a) AMENDMENT.—Subtitle A of title XXII of the 
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2215. JOINT CYBER PLANNING OFFICE. 
‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished in the Agency an office for joint cyber planning (in 
this section referred to as the ‘Office’) to develop, for pub-
lic and private sector entities, plans for cyber defense oper-
ations, including the development of a set of coordinated 
actions to protect, detect, respond to, and recover from 
cybersecurity risks or incidents or limit, mitigate, or de-
fend against coordinated, malicious cyber operations that 
pose a potential risk to critical infrastructure or national 
interests. The Office shall be headed by a Deputy Assist-
ant Director of Joint Cyber Planning (in this section re-
ferred to as the ‘Director’) within the Cybersecurity Divi-
sion. 
‘‘(b) PLANNING AND EXECUTION.—In leading the de-
velopment of plans for cyber defense operations pursuant 
to subsection (a), the Director shall—
1695 
‘‘(1) coordinate with relevant Federal depart-
ments and agencies to establish processes and proce-
dures necessary to develop and maintain ongoing co-
ordinated plans for cyber defense operations; 
‘‘(2) leverage cyber capabilities and authorities 
of participating Federal departments and agencies, 
as appropriate, in furtherance of plans for cyber de-
fense operations; 
‘‘(3) ensure that plans for cyber defense oper-
ations are, to the greatest extent practicable, devel-
oped in collaboration with relevant private sector en-
tities, particularly in areas in which such entities 
have comparative advantages in limiting, mitigating, 
or defending against a cybersecurity risk or incident 
or coordinated, malicious cyber operation; 
‘‘(4) ensure that plans for cyber defense oper-
ations, as appropriate, are responsive to potential 
adversary activity conducted in response to United 
States offensive cyber operations; 
‘‘(5) facilitate the exercise of plans for cyber de-
fense operations, including by developing and mod-
eling scenarios based on an understanding of adver-
sary threats to, vulnerability of, and potential con-
sequences of disruption or compromise of critical in-
frastructure;
1696 
‘‘(6) coordinate with and, as necessary, support 
relevant Federal departments and agencies in the es-
tablishment of procedures, development of additional 
plans, including for offensive and intelligence activi-
ties in support of cyber defense operations, and cre-
ation of agreements necessary for the rapid execu-
tion of plans for cyber defense operations when a cy-
bersecurity risk or incident or malicious cyber oper-
ation has been identified; and 
‘‘(7) support public and private sector entities, 
as appropriate, in the execution of plans developed 
pursuant to this section. 
‘‘(c) COMPOSITION.—The Office shall be composed 
of— 
‘‘(1) a central planning staff; and 
‘‘(2) appropriate representatives of Federal de-
partments and agencies, including— 
‘‘(A) the Department; 
‘‘(B) United States Cyber Command; 
‘‘(C) the National Security Agency; 
‘‘(D) the Federal Bureau of Investigation; 
‘‘(E) the Department of Justice; and 
‘‘(F) the Office of the Director of National 
Intelligence.
1697 
‘‘(d) CONSULTATION.—In carrying out its respon-
sibilities described in subsection (b), the Office shall regu-
larly consult with appropriate representatives of non-Fed-
eral entities, such as— 
‘‘(1) State, local, federally-recognized Tribal, 
and territorial governments; 
‘‘(2) information sharing and analysis organiza-
tions, including information sharing and analysis 
centers; 
‘‘(3) owners and operators of critical informa-
tion systems; 
‘‘(4) private entities; and 
‘‘(5) other appropriate representatives or enti-
ties, as determined by the Secretary. 
‘‘(e) INTERAGENCY AGREEMENTS.—The Secretary 
and the head of a Federal department or agency referred 
to in subsection (c) may enter into agreements for the pur-
pose of detailing personnel on a reimbursable or non-reim-
bursable basis. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) CYBER DEFENSE OPERATION.—The term 
‘cyber defense operation’ means defensive activities 
performed for a cybersecurity purpose. 
‘‘(2) CYBERSECURITY PURPOSE.—The term ‘cy-
bersecurity purpose’ has the meaning given such
1698 
term in section 102 of the Cybersecurity Act of 2015 
(contained in division N of the Consolidated Appro-
priations Act, 2016 (Public Law 114–113; 6 U.S.C. 
1501)). 
‘‘(3) CYBERSECURITY
RISK; INCIDENT.—The 
terms ‘cybersecurity risk’ and ‘incident’ have the 
meanings given such terms in section 2209. 
‘‘(4) INFORMATION SHARING AND ANALYSIS OR-
GANIZATION.—The term ‘information sharing and 
analysis organization’ has the meaning given such 
term in section 2222(5).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 is amended by inserting after the item 
relating to section 2214 the following new item: 
‘‘Sec. 2215. Joint cyber planning office.’’. 
SEC. 1640E. IMPLEMENTATION OF CERTAIN CYBERSECU-
RITY RECOMMENDATIONS; CYBER HYGIENE 
AND 
CYBERSECURITY 
MATURITY 
MODEL 
CERTIFICATION FRAMEWORK. 
(a) REPORT ON IMPLEMENTATION OF CERTAIN CY-
BERSECURITY RECOMMENDATIONS.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report regarding the plans of the Secretary
1699 
to implement certain cybersecurity recommendations to 
ensure— 
(1) the Chief Information Officer of the Depart-
ment of Defense takes appropriate steps to ensure 
implementation of DC3I tasks; 
(2) Department components develop plans with 
scheduled completion dates to implement any re-
maining CDIP tasks overseen by the Chief Informa-
tion Officer; 
(3) the Deputy Secretary of Defense identifies 
a Department component to oversee the implementa-
tion of any CDIP tasks not overseen by the Chief 
Information Officer and reports on progress relating 
to such implementation; 
(4) Department components accurately monitor 
and report information on the extent that users have 
completed Cyber Awareness Challenge training, as 
well as the number of users whose access to the De-
partment network was revoked because such users 
have not completed such training; 
(5) the Chief Information Officer ensures all 
Department components, including DARPA, require 
their users to take Cyber Awareness Challenge train-
ing;
1700 
(6) a Department component is directed to 
monitor the extent to which practices are imple-
mented to protect the Department’s network from 
key cyberattack techniques; and 
(7) the Chief Information Officer assesses the 
extent to which senior leaders of the Department 
have more complete information to make risk-based 
decisions, and revise the recurring reports (or de-
velop a new report) accordingly, including informa-
tion relating to the Department’s progress on imple-
menting— 
(A) cybersecurity practices identified in 
cyber hygiene initiatives; and 
(B) cyber hygiene practices to protect De-
partment networks from key cyberattack tech-
niques. 
(b) REPORT ON CYBER HYGIENE AND CYBERSECU-
RITY MATURITY MODEL CERTIFICATION FRAMEWORK.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees and the Comptroller General of 
the United States a report on the cyber hygiene 
practices of the Department of Defense and the ex-
tent to which such practices are effective at pro-
1701 
tecting Department missions, information, system 
and networks. The report shall include the following: 
(A) An assessment of each Department 
component’s compliance with the requirements 
and levels identified in the Cybersecurity Matu-
rity Model Certification framework. 
(B) For each Department component that 
does not achieve the requirements for ‘‘good 
cyber hygiene’’ as defined in CMMC Model 
Version 1.02, a plan for how that component 
will implement security measures to bring it 
into compliance with good cyber hygiene re-
quirements within one year, and a strategy for 
mitigating potential vulnerabilities and con-
sequences until such requirements are imple-
mented. 
(2) COMPTROLLER
GENERAL
REVIEW.—Not 
later than 180 days after the submission of the re-
port required under paragraph (1)), the Comptroller 
General of the United States shall conduct an inde-
pendent review of the report and provide a briefing 
to the congressional defense committees on the find-
ings of the review.
1702 
SEC. 1640F. BIENNIAL NATIONAL CYBER EXERCISE. 
(a) REQUIREMENT.—Not later than December 31, 
2023, and not less frequently than once every 2 years 
thereafter until a date that is not less than 10 years after 
the date of enactment of this Act, the Secretary, in con-
sultation with the Secretary of Defense, shall conduct an 
exercise to test the resilience, response, and recovery of 
the United States in the case of a significant cyber attack 
impacting critical infrastructure. 
(b) PLANNING AND PREPARATION.—Each exercise 
under subsection (a) shall be coordinated through the 
Joint Cyber Planning Office of the Cybersecurity and In-
frastructure Security Planning Agency and prepared by 
expert operational planners from the Department of 
Homeland Security, in coordination with the Department 
of Defense, the Federal Bureau of Investigation, and the 
appropriate intelligence community elements, as identified 
by the Director of National Intelligence. 
(c) PARTICIPANTS.— 
(1) FEDERAL
GOVERNMENT
PARTICIPANTS.— 
The following shall participate in each exercise 
under subsection (a): 
(A) Relevant interagency partners, as de-
termined by the Secretary, including relevant 
interagency partners from— 
(i) law enforcement agencies; and
1703 
(ii) the intelligence community. 
(B) Senior leader representatives from sec-
tor-specific agencies, as determined by the Sec-
retary. 
(2) STATE
AND
LOCAL
GOVERNMENTS.—The 
Secretary shall invite representatives from State, 
local, and Tribal governments to participate the ex-
ercises under subsection (a) if the Secretary deter-
mines such participation to be appropriate. 
(3) PRIVATE SECTOR.—Depending on the na-
ture of an exercise being conducted under subsection 
(a), the Secretary, in consultation with the senior 
leader representative of the sector-specific agencies 
participating in such exercise pursuant to paragraph 
(1)(A)(ii), shall invite the following individuals to 
participate: 
(A) Representatives from private entities. 
(B) Other individuals that the Secretary 
determines. 
(4) INTERNATIONAL PARTNERS.—Depending on 
the nature of an exercise being conducted under sub-
section (a), the Secretary may, in consultation with 
the Secretary of Defense and the Secretary of State, 
invite allies and partners of the United States to 
participate in such exercise.
1704 
(d) OBSERVERS.—The Secretary shall invite appro-
priately cleared representatives from the executive and leg-
islative branches of the Federal Government to observe an 
exercise under subsection (a). 
(e) ELEMENTS.—Each exercise under subsection (a) 
shall include the following elements: 
(1) Exercising the orchestration of cybersecu-
rity response and the provision of cyber support to 
Federal, State, local, and Tribal governments and 
private entities, including the exercise of the com-
mand and control and deconfliction of operational 
responses through the National Security Council, 
interagency coordinating processes and response 
groups, and each participating department and 
agency of the Federal Government. 
(2) Testing of the information-sharing needs 
and capabilities of exercise participants. 
(3) Testing of the relevant policy, guidance, and 
doctrine, including the National Cyber Incident Re-
sponse Plan of the Cybersecurity and Infrastructure 
Security Agency of the Department of Homeland Se-
curity. 
(4) Test the coordination between Federal, 
State, local, and Tribal governments and private en-
tities.
1705 
(5) Exercising the integration of operational ca-
pabilities of the Department of Homeland Security, 
the Cyber National Mission Force, Federal law en-
forcement, and the intelligence community. 
(6) Test relevant information sharing and oper-
ational agreements. 
(7) Exercising integrated operations, mutual 
support, and shared situational awareness of the cy-
bersecurity operations centers of the Federal Gov-
ernment, including the following: 
(A) The Cybersecurity and Infrastructure 
Security Agency. 
(B) The Cyber Threat Operations Center 
of the National Security Agency. 
(C) The Joint Operations Center of United 
States Cyber Command. 
(D) The Cyber Threat Intelligence Integra-
tion Center of the Office of the Director of Na-
tional Intelligence. 
(E) The National Cyber Investigative Joint 
Task Force of the Federal Bureau of Investiga-
tion. 
(F) The Defense Cyber Crime Center of 
the Department of Defense.
1706 
(G) The Intelligence Community Security 
Coordination Center of the Office of the Direc-
tor of National Intelligence. 
(f) BRIEFING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which each exercise under sub-
section (a) is conducted, the President shall submit 
to the appropriate congressional committees a brief-
ing on the participation of the Federal Government 
participants in each such exercise. 
(2) CONTENTS.—Each briefing required under 
paragraph (1) shall include the following: 
(A) An assessment of the decision and re-
sponse gaps observed in the national level re-
sponse. 
(B) Proposed recommendations to improve 
the resilience, response, and recovery in the 
case of a significant cyber attack impacting 
critical infrastructure. 
(C) Plans to implement the recommenda-
tions described in subparagraph (B). 
(D) Specific timelines for the implementa-
tion of such plans.
1707 
(g) REPEAL.—Subsection (b) of section 1648 of the 
National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 1119) is repealed. 
(h) NATIONAL CYBER EXERCISE PROGRAM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the 
Director, in consultation with appropriate represent-
atives from sector-specific agencies, the cybersecurity 
research community, and Sector Coordinating Coun-
cils, shall carry out the National Cyber Exercise 
Program (referred to in this section as the ‘‘Exercise 
Program’’) to evaluate the National Cyber Incident 
Response Plan, and other related plans and strate-
gies. 
(2) REQUIREMENTS.— 
(A) IN GENERAL.—The Exercise Program 
shall be— 
(i) as realistic as practicable, based on 
current risk assessments, including credible 
threats, vulnerabilities, and consequences; 
(ii) designed, as practicable, to simu-
late the partial or complete incapacitation 
of a State, local, or tribal government, or 
related critical infrastructure, resulting 
from a cyber incident;
1708 
(iii) carried out, as appropriate, with 
a minimum degree of notice to involved 
parties regarding the timing and details of 
such exercises, consistent with safety con-
siderations; 
(iv) designed to provide for the sys-
tematic evaluation of cyber readiness and 
enhance operational understanding of the 
cyber incident response system and rel-
evant information sharing agreements; and 
(v) designed to promptly develop 
after-action reports and plans that can be 
quickly incorporating lessons learned into 
future operations. 
(B) MODEL
EXERCISE
SELECTION.—The 
Exercise Program shall include a selection of 
model exercises that State, local, and Tribal 
governments can readily adapt for use and aid 
such governments with the design, implementa-
tion, and evaluation of exercises that— 
(i) conform to the requirements under 
subparagraph (A); 
(ii) are consistent with any applicable 
State, local, or Tribal strategy or plan; and
1709 
(iii) provide for systematic evaluation 
of readiness. 
(i) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services of 
the Senate; 
(B) the Committee on Armed Services of 
the House of Representatives; 
(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(D) the Committee on Homeland Security 
of the House of Representatives. 
(2) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given such 
term in section 1016(e) of Public Law 107–56 (42 
U.S.C. 5195c(e)). 
(3) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
such term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)). 
(4) PRIVATE ENTITY.—The term ‘‘private enti-
ty’’ has the meaning given the term in section 102
1710 
of the Cybersecurity Information Sharing Act of 
2015 (6 U.S.C. 1501). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(6) SECTOR-SPECIFIC AGENCY.—The term ‘‘sec-
tor-specific agency’’ has the meaning given the term 
‘‘Sector-Specific Agency’’ in section 2201 of the 
Homeland Security Act of 2002 (6 U.S.C. 651). 
(7) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, the United States Virgin Islands, 
Guam, American Samoa, and any other territory or 
possession of the United States. 
Subtitle D—Nuclear Forces 
SEC. 1641. COORDINATION IN TRANSFER OF FUNDS BY DE-
PARTMENT OF DEFENSE TO NATIONAL NU-
CLEAR SECURITY ADMINISTRATION. 
(a) IN GENERAL.—Section 179(f)(3) of title 10, 
United States Code, is amended by adding at the end the 
following new subparagraph: 
‘‘(D) The Secretary of Defense and the Secretary of 
Energy shall ensure that a transfer of estimated nuclear 
budget request authority is carried out in a manner that 
provides for coordination between the Secretary of De-
1711 
fense and the Administrator for Nuclear Security using 
appropriate interagency processes during the process in 
which the Secretaries develop the budget materials of the 
Department of Defense and the National Nuclear Security 
Administration, including by beginning such coordination 
by not later than June 30 for such budget materials that 
will be submitted during the following year.’’. 
(b) REPORTS.—Subparagraph (B) of such section is 
amended by adding at the end the following new clause: 
‘‘(iv) A description of the total amount of the 
proposed estimated nuclear budget request authority 
to be transferred by the Secretary of Defense to the 
Secretary of Energy to support the weapons activi-
ties of the National Nuclear Security Administra-
tion, including— 
‘‘(A) identification of any trade-offs made 
within the budget of the Department of Defense 
as part of such proposed transfer; and 
‘‘(B) a certification made jointly by the 
Secretaries that such proposed transfer was de-
veloped in a manner that allowed for the coordi-
nation described in subparagraph (D).’’.
1712 
SEC. 1642. EXERCISES OF NUCLEAR COMMAND, CONTROL, 
AND COMMUNICATIONS SYSTEM. 
(a) REQUIREMENT.—Chapter 24 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 499b. Exercises of nuclear command, control, and 
communications system 
‘‘(a) REQUIRED EXERCISES.—Except as provided by 
subsection (b), beginning 2021, the President shall partici-
pate in a large-scale exercise of the nuclear command, con-
trol, and communications system during the first year of 
each term of the President, and may participate in such 
additional exercises as the President determines appro-
priate. 
‘‘(b) WAIVER.—The President may waive, on a case- 
by-case basis, the requirement to participate in an exercise 
under subsection (a) if the President— 
‘‘(1) determines that participating in such an 
exercise is infeasible by reason of a war declared by 
Congress, a national emergency declared by the 
President or Congress, a public health emergency 
declared by the Secretary of Health and Human 
Services under section 319 of the Public Health 
Service Act (42 U.S.C. 247d), or other similar exi-
gent circumstance; and
1713 
‘‘(2) submits to the congressional defense com-
mittees a notice of the waiver and a description of 
such determination.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘499b. Exercises of nuclear command, control, and communications system.’’. 
SEC. 1643. INDEPENDENT STUDIES ON NUCLEAR WEAPONS 
PROGRAMS OF CERTAIN FOREIGN STATES. 
(a) STUDY.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall seek to enter into a contract with a federally funded 
research and development center to conduct a study on 
the nuclear weapons programs of covered foreign coun-
tries. 
(b) MATTERS INCLUDED.—The study under sub-
section (a) shall compile open-source data to conduct an 
analysis of the following for each covered foreign country: 
(1) The activities, budgets, and policy docu-
ments, regarding the nuclear weapons program. 
(2) The known research and development activi-
ties with respect to nuclear weapons. 
(3) The inventories of nuclear weapons and de-
livery vehicles with respect to both deployed and 
nondeployed weapons.
1714 
(4) The capabilities of such nuclear weapons 
and delivery vehicles. 
(5) The physical sites used for nuclear proc-
essing, testing, and weapons integration. 
(6) The human capital of the scientific and 
technical workforce involved in nuclear programs, in-
cluding with respect to matters relating to the edu-
cation, knowledge, and technical capabilities of that 
workforce. 
(7) The known deployment areas for nuclear 
weapons. 
(8) Information with respect to the nuclear 
command and control system. 
(9) The factors and motivations driving the nu-
clear weapons program and the nuclear command 
and control system. 
(10) Any other information that the federally 
funded research and development center determines 
appropriate. 
(c) SUBMISSION
TO
DOD.—Not later than 14 
months after the date of the enactment of this Act, and 
each year thereafter for the following 2 years, the federally 
funded research and development center shall submit to 
the Secretary the study under subsection (a) and any up-
dates to the study.
1715 
(d) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date on which the Secretary receives the 
study under subsection (a) or updates to the study, the 
Secretary shall submit to the appropriate congressional 
committees the study or such updates, without change. 
(e) PUBLIC RELEASE.—The federally funded re-
search and development center shall maintain an internet 
website on which the center— 
(1) publishes the study under subsection (a) by 
not later than 30 days after the date on which the 
Secretary receives the study under subsection (c); 
and 
(2) provides on an ongoing basis commentaries, 
analyses, updates, and other information regarding 
the nuclear weapons of covered foreign countries. 
(f) FORM.—The study under subsection (a) shall be 
in unclassified form. 
(g) MODIFICATION TO REPORT ON NUCLEAR FORCES 
OF THE UNITED STATES AND NEAR-PEER COUNTRIES.— 
Section 1676 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 
1778) is amended— 
(1) in subsection (a), by striking ‘‘Not later 
than February 15, 2020, the Secretary of Defense, 
in coordination with the Director of National Intel-
1716 
ligence, shall’’ and inserting ‘‘Not later than Feb-
ruary 15, 2020, and each year thereafter through 
2023, the Secretary of Defense and the Director of 
National Intelligence shall jointly’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(4) With respect to the current and planned 
nuclear systems specified in paragraphs (1) through 
(3), the factors and motivations driving the develop-
ment and deployment of the systems.’’. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(C) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘covered foreign country’’ means 
each of the following: 
(A) China. 
(B) North Korea. 
(C) Russia.
1717 
(3) The term ‘‘open-source data’’ includes data 
derived from, found in, or related to any of the fol-
lowing: 
(A) Geospatial information. 
(B) Seismic sensors. 
(C) Commercial data. 
(D) Public government information. 
(E) Academic journals and conference pro-
ceedings. 
(F) Media reports. 
(G) Social media. 
SEC. 1644. ROLE OF SECRETARY OF DEFENSE AND SEC-
RETARY OF ENERGY ON NUCLEAR WEAPONS 
COUNCIL. 
(a) MEMBERSHIP.—Subsection (a) of section 179 of 
title 10, United States Code, is amended— 
(1) by redesignating paragraphs (1) through 
(6) as paragraphs (3) through (8), respectively; and 
(2) by inserting before paragraph (3), as so re-
designated, the following new paragraphs: 
‘‘(1) The Secretary of Defense. 
‘‘(2) The Secretary of Energy.’’. 
(b) CHAIRMAN; MEETINGS.—Subsection (b) of sec-
tion 179 of title 10, United States Code, is amended to 
read as follows:
1718 
‘‘(b) CHAIRMAN; MEETINGS.—(1) The Council shall 
be co-chaired by the Secretary of Defense and the Sec-
retary of Energy. Any reference in any statute or regula-
tion to the Chairman of the Council shall be deemed to 
be a reference to the Secretary of Defense and the Sec-
retary of Energy jointly. 
‘‘(2) The Council shall meet not less often than once 
every three months. To the extent possible, not later than 
seven days before a meeting, the Chairman shall dissemi-
nate to each member of the Council the agenda and docu-
ments for such meeting.’’. 
SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS RELAT-
ING TO UPDATES ON MEETINGS HELD BY NU-
CLEAR WEAPONS COUNCIL. 
Section 179(g) of title 10, United States Code, is 
amended to read as follows: 
‘‘(g) SEMIANNUAL UPDATES
ON COUNCIL MEET-
INGS.—(1) Not later than February 1 and August 1 of 
each year, the Council shall provide to the congressional 
defense committees a semiannual update including, with 
respect to the six-month period preceding the update— 
‘‘(A) the dates on which the Council met; and 
‘‘(B) except as provided by paragraph (2), a 
summary of any decisions made by the Council pur-
suant to subsection (d) at each such meeting and
1719 
the rationale for and options that informed such de-
cisions. 
‘‘(2) The Council shall not be required to include in 
a semiannual update under paragraph (1) the matters de-
scribed in subparagraph (B) of that paragraph with re-
spect to decisions of the Council relating to the budget 
of the President for a fiscal year if the budget for that 
fiscal year has not been submitted to Congress under sec-
tion 1105 of title 31 as of the date of the semiannual up-
date. 
‘‘(3) The Council may provide a semiannual update 
under paragraph (1) either in the form of a briefing or 
a written report. 
‘‘(4)(A) If by February 1 of any year the Council has 
not provided the semiannual update under paragraph (1) 
required by that date, not more than 50 percent of the 
funds authorized to be appropriated for that year for the 
Office of the Under Secretary of Defense for Acquisition 
and Sustainment may be obligated or expended until the 
date on which such semiannual update has been provided. 
‘‘(B) If by August 1 of any year the Council has not 
provided the semiannual update under paragraph (1) re-
quired by that date, not more than 90 percent of the funds 
authorized to be appropriated for that year for the Office 
of the Under Secretary of Defense for Acquisition and
1720 
Sustainment may be obligated or expended until the date 
on which such semiannual update has been provided.’’. 
SEC. 1646. BRIEFING ON NUCLEAR WEAPONS STORAGE AND 
MAINTENANCE 
FACILITIES 
OF 
THE 
AIR 
FORCE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the Air Force shall pro-
vide to the congressional defense committees a briefing on 
the efforts by the Secretary to harden and modernize the 
nuclear weapons storage and maintenance facilities of the 
Air Force. The briefing shall include the plans of the Sec-
retary with respect to the following: 
(1) Verifying that the Air Force is deploying 
tested and field-proven physical security designs of 
such facilities, including with respect to forced entry, 
blast and ballistic resistant barrier systems, that in-
corporate multiple reactive countermeasures for pro-
tection against the dedicated adversary threat classi-
fication level. 
(2) Streamlining the procurement of the infra-
structure to protect ground-based strategic deterrent 
weapons by ensuring that the physical security de-
signs of such facilities are appropriately tailored to 
the threat.
1721 
(3) Ensuring that competitive procedures are 
used in awarding a contract for the physical security 
design of such facilities that include a fair consider-
ation of such designs that are successfully used at 
other similar facilities. 
(4) Ensuring that the physical security design 
for which such contract is awarded— 
(A) meets the security requirements of all 
planned modernization projects for the nuclear 
weapons storage and maintenance facilities of 
the Air Force; and 
(B) do not result in higher and additional 
costs to shore up existing infrastructure at such 
facilities. 
Subtitle E—Missile Defense 
Programs 
SEC. 1651. EXTENSION AND MODIFICATION OF REQUIRE-
MENT FOR COMPTROLLER GENERAL OF THE 
UNITED STATES REVIEW AND ASSESSMENT 
OF MISSILE DEFENSE ACQUISITION PRO-
GRAMS. 
Section 232(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1339), as amended by section 1688 of the National De-
1722 
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 1144), is amended— 
(1) in paragraph (1), by striking ‘‘through 
2020’’ and inserting ‘‘through 2025’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘through 2021’’ and insert-
ing ‘‘through 2026’’; and 
(B) by adding at the end the following new 
sentence: ‘‘In carrying out this subsection, the 
Comptroller General shall review emergent 
issues relating to such programs and account-
ability and, in consultation with the congres-
sional defense committees, either include any 
findings from the review in the reports sub-
mitted under this paragraph or provide to such 
committees a briefing on the findings.’’. 
SEC. 1652. EXTENSION OF TRANSITION OF BALLISTIC MIS-
SILE DEFENSE PROGRAMS TO MILITARY DE-
PARTMENTS. 
Section 1676(b)(1) of the National Defense Author-
ization Act for Fiscal Year 2018 (Public Law 115–91; 10 
U.S.C. 2431 note) is amended by striking ‘‘2021’’ and in-
serting ‘‘2023’’.
1723 
SEC. 1653. DEVELOPMENT OF HYPERSONIC AND BALLISTIC 
MISSILE TRACKING SPACE SENSOR PAYLOAD. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) Subsection (d) of section 1683 of the 
National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115–91; 10 U.S.C. 
2431 note), as amended by section 1683 of the 
National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92), requires the 
Director of the Missile Defense Agency to de-
velop a hypersonic and ballistic tracking space 
sensor payload to address missile defense track-
ing requirements. 
(B) The budget of the President for fiscal 
year 2021 submitted under section 1105 of title 
31, United States Code, did not provide any 
funding for the Missile Defense Agency to con-
tinue the development of such sensor payload. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(A) regardless of the overall architecture 
for a missile defense tracking space layer, the 
Director of the Missile Defense Agency should 
remain 
the 
material 
developer 
for 
the
1724 
hypersonic and ballistic tracking space sensor 
payload to ensure that— 
(i) unique hypersonic and ballistic 
missile tracking requirements are met; and 
(ii) the system can be integrated into 
the existing missile defense system com-
mand and control, battle management, and 
communications system; and 
(B) the Secretary of Defense should ensure 
transparency of funding for this effort to en-
sure proper oversight can be conducted on this 
critical capability. 
(b) LIMITATION.—Subsection (d) of section 1683 of 
the National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; 10 U.S.C. 2431 note), as 
amended by section 1683 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116–92), 
is amended by adding at the end the following new para-
graph: 
‘‘(3) LIMITATION.—Of the funds authorized to 
be appropriated by the National Defense Authoriza-
tion Act for Fiscal Year 2021 or otherwise made 
available for fiscal year 2021 for operation and 
maintenance, Defense-wide, for the Space Defense 
Agency, not more than 50 percent may be obligated
1725 
or expended until the date on which the Secretary 
submits the certification under paragraph (2)(B).’’. 
(c) COORDINATION.—Subsection (a) of such section 
is amended by striking ‘‘the Commander of the Air Force 
Space Command and’’ and inserting ‘‘the Chief of Space 
Operations, the Commander of the United States Space 
Command, the Commander of the United States Northern 
Command, and’’. 
SEC. 1654. ANNUAL CERTIFICATION ON HYPERSONIC AND 
BALLISTIC MISSILE TRACKING SPACE SEN-
SOR PAYLOAD. 
(a) FINDING; SENSE OF CONGRESS.— 
(1) FINDING.—Congress finds that the budget 
submitted by the President under section 1105(a) of 
title 31, United States Code, for fiscal year 2021 
does not fully fund an operational capability for the 
hypersonic and ballistic missile tracking space sensor 
within the tracking layer of the persistent space- 
based sensor architecture of the Space Development 
Agency, despite such space sensor being a require-
ment by the combatant commanders and being high-
lighted as a needed capability against both 
hypersonic and ballistic threats in the Missile De-
fense Review published in 2019.
1726 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress 
that 
the 
Missile 
Defense 
Agency 
hypersonic and ballistic missile tracking space sensor 
must be prioritized within the persistent space-based 
sensor architecture of the Space Development Agen-
cy to ensure the delivery of capabilities to the 
warfighter as soon as possible. 
(b) ANNUAL CERTIFICATION.—Subsection (d) of sec-
tion 1683 of the National Defense Authorization Act for 
Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 
note), as amended by section 1653, is further amended 
by adding at the end the following new paragraph: 
‘‘(4) ANNUAL CERTIFICATION.—On an annual 
basis until the date on which the hypersonic and bal-
listic tracking space sensor payload achieves full 
operational capability, the Secretary of Defense, 
without delegation, shall submit to the appropriate 
congressional committees a certification that— 
‘‘(A) the most recent future-years defense 
program submitted under section 221 of title 
10, United States Code, includes estimated ex-
penditures and proposed appropriations in 
amounts necessary to ensure the development 
and deployment of such space sensor payload as
1727 
a component of the sensor architecture devel-
oped under subsection (a); and 
‘‘(B) the Commander of the United States 
Space Command has validated both the ballistic 
and hypersonic tracking requirements of, and 
the timeline to deploy, such space sensor pay-
load.’’. 
SEC. 1655. ALIGNMENT OF THE MISSILE DEFENSE AGENCY 
WITHIN THE DEPARTMENT OF DEFENSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Since the Missile Defense Agency was 
aligned to be under the authority, direction, and 
control of the Under Secretary of Defense for Re-
search and Engineering pursuant to section 205(b) 
of title 10, United States Code, the advanced tech-
nology development budget requests in the defense 
budget materials (as defined in section 231(f) of 
title 10, United States Code) have decreased by 
more than 650 percent, from a request for 
$292,000,000 for fiscal year 2018 (the highest such 
request) to a request for $45,000,000 for fiscal year 
2021. 
(2) The overwhelming majority of the budget of 
the Missile Defense Agency is invested in programs 
that would be categorized as acquisition category 1
1728 
efforts if such programs were administered under 
the acquisition standards under Department of De-
fense Directive 5000. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in light of the findings under subsection (a), 
upon the completion of the independent review of the orga-
nization of the Missile Defense Agency required by section 
1688 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 133 Stat. 1787), the Sec-
retary of Defense should reassess the alignment of the 
Agency within the Department of Defense to ensure that 
missile defense efforts are being given proper oversight 
and that the Agency is focused on delivering capability to 
address current and future threats. 
(c) REPORT.—Not later than February 28, 2021, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the alignment of the Missile 
Defense Agency within the Department of Defense. The 
report shall include— 
(1) a description of the risks and benefits of 
both— 
(A) continuing the alignment of the Agen-
cy under the authority, direction, and control of 
the Under Secretary of Defense for Research
1729 
and Engineering pursuant to section 205(b) of 
title 10, United States Code; and 
(B) realigning the Agency to be under the 
authority, direction, and control of the Under 
Secretary of Defense for Acquisition and 
Sustainment; and 
(2) if the Agency were to be realigned, the ac-
tions that would need to be taken to realign the 
Agency to be under the authority, direction, and 
control of the Under Secretary of Defense for Acqui-
sition and Sustainment or another element of the 
Department of Defense. 
SEC. 1656. ANALYSIS OF ALTERNATIVES FOR HOMELAND 
MISSILE DEFENSE MISSIONS. 
(a) ANALYSIS OF ALTERNATIVES.— 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Di-
rector of Cost Assessment and Program Evaluation, 
in coordination with the Secretary of the Navy, the 
Secretary of the Army, and the Director of the Mis-
sile Defense Agency, shall conduct an analysis of al-
ternatives with respect to a complete architecture for 
using the regional terminal high altitude area de-
fense system and the Aegis ballistic missile defense 
system to conduct homeland defense missions.
1730 
(2) SCOPE.—The analysis of alternatives under 
paragraph (1) shall include the following: 
(A) The sensors needed for the architec-
ture described in such paragraph. 
(B) An assessment of the locations of each 
system included in the analysis to provide simi-
lar coverage as the ground-based midcourse de-
fense system, including, with respect to such 
systems that are land-based, by giving pref-
erence to locations with completed environ-
mental impact analyses conducted pursuant to 
section 227 of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 1678), to the extent prac-
ticable. 
(C) The acquisition objectives for intercep-
tors of the terminal high altitude area defense 
system and standard missile–3 interceptors for 
homeland defense purposes. 
(D) Any improvements needed to the mis-
sile defense system command and control, battle 
management, and communications system. 
(E) 
The 
manning, 
training, 
and 
sustainment needed to support such architec-
ture.
1731 
(F) A detailed schedule for the develop-
ment, testing, production, and deployment of 
such systems. 
(G) A lifecycle cost estimate of such archi-
tecture. 
(H) A comparison of the capabilities, costs, 
schedules, and policies with respect to— 
(i) deploying regional systems de-
scribed in subsection (a) to conduct home-
land defense missions; and 
(ii) deploying future ground-based 
midcourse defense systems for such mis-
sions. 
(3) SUBMISSION.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense 
committees a report containing— 
(A) the analysis of alternatives under para-
graph (1); and 
(B) a certification by the Secretary that 
such analysis is sufficient. 
(b) ASSESSMENT.—Not later than February 28, 
2021, the Director of the Defense Intelligence Agency, and 
the head of any other element of the intelligence commu-
nity that the Secretary of Defense determines appropriate,
1732 
shall submit to the congressional defense committees an 
assessment of the following: 
(1) How the development and deployment of re-
gional terminal high altitude area defense systems 
and Aegis ballistic missile defense systems to con-
duct longer-range missile defense missions would be 
perceived by near-peer foreign countries and rogue 
nations. 
(2) How such near-peer foreign countries and 
rogue nations would likely respond to such deploy-
ments. 
SEC. 1657. NEXT GENERATION INTERCEPTORS. 
(a) NOTIFICATION OF CHANGED REQUIREMENTS.— 
During the acquisition and development process of the 
next generation interceptor program, not later than 7 days 
after the date on which any changes are made to the re-
quirements for such program that are established in the 
equivalent to capability development documentation, the 
Director of the Missile Defense Agency shall notify the 
congressional defense committees of such changes. 
(b) BRIEFING ON CONTRACT.—Not later than 14 
days after the date on which the Director awards a con-
tract for the next generation interceptor, the Director 
shall provide the congressional defense committees a brief-
1733 
ing on such contract, including with respect to the cost, 
schedule, performance, and requirements of the contract. 
(c) REPORT ON GROUND-BASED MIDCOURSE DE-
FENSE SYSTEM.— 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Under 
Secretary of Defense for Policy, the Director of the 
Missile Defense Agency, and the Commander of the 
United States Northern Command, shall submit to 
the congressional defense committees a report on the 
ground-based midcourse defense system. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) An explanation of how contracts in ex-
istence as of the date of the report could be 
used 
to 
reestablish 
improvements 
and 
sustainment for kill vehicles and boosters for 
the ground-based midcourse defense system. 
(B) An explanation of how such system 
could be improved through service life exten-
sions or pre-planned product improvements to 
address some of the requirements of the next 
generation interceptor by 2026, including an
1734 
identification of the costs, schedule, and any 
risks. 
(C) A description of the costs and schedule 
with respect to restarting booster production to 
field 20 additional interceptors by 2026. 
(D) An analysis of policy implications with 
respect to the requirements for the ground- 
based midcourse defense system. 
SEC. 1658. OVERSIGHT OF NEXT GENERATION INTER-
CEPTOR PROGRAM. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds that the Sec-
retary of Defense discovered major technical prob-
lems with the redesigned kill vehicle program, which 
led to cancelling the program in August 2019 and 
caused significant delays to the improved defense of 
the United States against rogue nation ballistic mis-
sile threats and wasted $1,200,000,000. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the Secretary of Defense should en-
sure robust oversight and accountability for the ac-
quisition of the future next generation interceptor 
program to avoid making the same errors that were 
experienced in the redesigned kill vehicle effort.
1735 
(b) INDEPENDENT COST ASSESSMENT AND VALIDA-
TION.— 
(1) ASSESSMENT.—The Director of Cost As-
sessment and Program Evaluation shall conduct an 
independent cost assessment of the next generation 
interceptor program. 
(2) VALIDATION.—The Under Secretary of De-
fense for Acquisition and Sustainment shall validate 
the preliminary cost assessment conducted under 
paragraph (1) that will be used to inform the award 
of the contract for the next generation interceptor. 
(3) SUBMISSION.—Not later than the date on 
which the Director of the Missile Defense Agency 
awards a contract for the next generation inter-
ceptor, the Secretary of Defense shall submit to the 
congressional defense committees a report containing 
the preliminary independent cost assessment under 
paragraph (1) and the validation under paragraph 
(2). 
(c) FLIGHT TESTS.—In addition to the requirements 
of section 2399 of title 10, United States Code, the Direc-
tor of the Missile Defense Agency may not make any deci-
sion regarding the initial production, or equivalent, of the 
next generation interceptor unless the Director has—
1736 
(1) certified to the congressional defense com-
mittees that the Director has conducted not fewer 
than two successful intercept flight tests of the next 
generation interceptor; and 
(2) provided to such committees a briefing on 
the details of such tests, including with respect to 
the operational realism of such tests. 
SEC. 1659. MISSILE DEFENSE COOPERATION BETWEEN THE 
UNITED STATES AND ISRAEL. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the strong and enduring relationship be-
tween the United States and Israel is in the national 
security interest of both countries; 
(2) the memorandum of understanding signed 
by the United States and Israel on September 14, 
2016, including the provisions of the memorandum 
relating to missile and rocket defense cooperation, 
continues to be a critical component of the bilateral 
relationship; 
(3) the United States and Israel should con-
tinue government-to-government collaboration and 
information sharing of technical data to investigate 
the potential operational use of Israeli missile de-
fense systems for United States purposes; and
1737 
(4) in addition to the existing Israeli missile de-
fense interceptor systems, there is potential for de-
veloping and incorporating directed energy platforms 
to assist the missile defense capabilities of both the 
United States and Israel. 
(b) COOPERATION.—The Secretary of Defense may 
seek to extend existing cooperation with Israel to carry 
out, on a joint basis with Israel, research, development, 
test, and evaluation activities to establish directed energy 
capabilities that address missile threats to the United 
States, the deployed members of the Armed Forces of the 
United States, or Israel. The Secretary shall ensure that 
any such activities are conducted— 
(1) in accordance with Federal law and the 
Convention on Prohibitions or Restrictions on the 
Use of Certain Conventional Weapons which may be 
deemed to be Excessively Injurious or to have Indis-
criminate Effects, signed at Geneva October 10, 
1980; and 
(2) in a manner that appropriately protects sen-
sitive information and the national security interests 
of the United States and the national security inter-
ests of Israel.
1738 
SEC. 1660. REPORT ON DEFENSE OF GUAM FROM INTE-
GRATED AIR AND MISSILE THREATS. 
(a) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port containing a study on the defense of Guam from inte-
grated air and missile threats, including such threats from 
ballistic, hypersonic, and cruise missiles. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) The identification of existing deployed land- 
and sea-based air and missile defense programs of 
record within the military departments and Defense 
Agencies, including with respect to interceptors, ra-
dars, and ground-, ship-, air,- and space-based sen-
sors that could be used either alone or in coordina-
tion with other systems to counter the threats speci-
fied in subsection (a) with an initial operational ca-
pability by 2025. 
(2) A plan of how such programs would be used 
to counter such threats with an initial operational 
capability by 2025. 
(3) A plan of which programs currently in de-
velopment but not yet deployed could enhance or 
substitute for existing programs in countering such
1739 
threats with an initial operational capability by 
2025. 
(4) An analysis of which military department, 
Defense Agency, or combatant command would have 
operational control of the mission to counter such 
threats. 
(5) A cost analysis of the various options de-
scribed in paragraphs (1) and (3), including a 
breakdown of the cost of weapons systems consid-
ered under the various scenarios (including any costs 
to modify the systems), the cost benefits gained 
through economies of scale, and the cost of any mili-
tary construction required. 
(6) An analysis of the policy implications re-
garding deploying additional missile defense systems 
on Guam, and how such deployments could affect 
strategic stability, including likely responses from 
both rogue nations and near-peer competitors. 
(c) CONSULTATION.—The Secretary shall carry out 
this section in consultation with each of the following: 
(1) The Director of the Missile Defense Agency. 
(2) The Commander of the United States Indo- 
Pacific Command. 
(3) The Commander of the United States 
Northern Command.
1740 
(4) Any other official whom the Secretary of 
Defense determines for purposes of this section has 
significant technical, policy, or military expertise. 
(d) FORM.—The report submitted under subsection 
(a) shall be in unclassified form, but may contain a classi-
fied annex. 
(e) BRIEFING.—Not later than 30 days after the date 
on which the Secretary submits to the congressional de-
fense committees the report under subsection (a), the Sec-
retary shall provide to such committees a briefing on the 
report. 
SEC. 1661. REPORT ON CRUISE MISSILE DEFENSE. 
Not later than January 15, 2021, the Commander 
of the United States Northern Command, in coordination 
with the Director of the Missile Defense Agency, shall sub-
mit to the congressional defense committees a report con-
taining— 
(1) an identification of any vulnerability of the 
contiguous United States to known cruise missile 
threats; and 
(2) a plan to mitigate any such vulnerability. 
Subtitle F—Other Matters 
SEC. 1671. CONVENTIONAL PROMPT GLOBAL STRIKE. 
(a) INTEGRATION.—Section 1697(a) of the National 
Defense Authorization Act for Fiscal Year 2020 (Public
1741 
Law 116–92; 133 Stat. 1791) is amended by adding at 
the end the following new sentence: ‘‘The Secretary shall 
initiate such transfer of technologies to DDG–1000 class 
destroyers by not later than January 1, 2021.’’. 
(b) REPORT
ON STRATEGIC HYPERSONIC WEAP-
ONS.— 
(1) REQUIREMENT.—Not later than 120 days 
after the date of the enactment of this Act, the 
Chairman of the Joint Chiefs of Staff, in coordina-
tion with the Under Secretary of Defense for Policy, 
shall submit to the congressional defense committees 
a report on strategic hypersonic weapons. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) A discussion of the authority to use 
strategic hypersonic weapons and if, and how, 
such authorities would be delegated to the com-
manders of the combatant commands or to the 
Chiefs of the Armed Forces. 
(B) An assessment of escalation and mis-
calculation risks (including the risk that adver-
saries may detect initial launch but not reliably 
detect the entire boost-glide trajectory), how 
such risks will be addressed and minimized with 
regards to the use of strategic hypersonic weap-
1742 
ons, and whether any risk escalation exercises 
have been conducted or are planned for the po-
tential use of hypersonic weapons. 
(C) A description of any updates needed to 
war plans with the introduction of strategic 
hypersonic weapons. 
(D) Identification of the element of the 
Department of Defense that has responsibility 
for establishing targeting requirements for stra-
tegic hypersonic weapons. 
(E) A description of how the requirements 
for land- and sea-based strategic hypersonic 
weapons will be addressed with the Joint Re-
quirements Oversight Council, and how such re-
quirements will be formally provided to the mili-
tary departments procuring such weapons 
through an acquisition program described under 
section 804 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (10 U.S.C. 2302 
note). 
(F) A basing strategy for land-based 
launch platforms and a description of the ac-
tions needed to be taken for future deployment 
of such platforms.
1743 
(3) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(c) ANNUAL REPORTS ON ACQUISITION.— 
(1) ARMY
AND
NAVY
PROGRAMS.—Except as 
provided by paragraph (3), not later than 30 days 
after the date on which the budget of the President 
for each of fiscal years 2022 through 2025 is sub-
mitted to Congress pursuant to section 1105 of title 
31, United States Code, the Secretary of the Army 
and the Secretary of the Navy shall jointly submit 
to the congressional defense committees a report on 
the conventional prompt global strike programs of 
the Army and the Navy, including— 
(A) the total costs to the respective mili-
tary departments for such programs; 
(B) the strategy for such programs with 
respect to manning, training, and equipping, in-
cluding cost estimates; and 
(C) a testing strategy and schedule for 
such programs. 
(2) CERTIFICATIONS.—Not later than 60 days 
after the date on which the budget of the President 
for each of fiscal years 2022 through 2025 is sub-
mitted to Congress pursuant to section 1105 of title
1744 
31, United States Code, the Director of Cost Assess-
ment and Program Evaluation shall submit to the 
congressional defense committees a certification re-
garding the sufficiency, including any anomalies, 
with respect to— 
(A) the total program costs of the conven-
tional prompt global strike programs of the 
Army and the Navy; and 
(B) the testing strategy for such programs. 
(3) TERMINATION.—The requirement to submit 
a report under paragraph (1) shall terminate on the 
date on which the Secretary of Defense determines 
that the conventional prompt global strike programs 
of the Army and the Navy are unable to be acquired 
under the authority of section 804 of the National 
Defense Authorization Act for Fiscal Year 2016 (10 
U.S.C. 2302 note). 
SEC. 1672. SUBMISSION OF REPORTS UNDER MISSILE DE-
FENSE REVIEW AND NUCLEAR POSTURE RE-
VIEW. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees—
1745 
(1) each report produced by the Department of 
Defense pursuant to the Missile Defense Review 
published in 2019; and 
(2) each report produced by the Department 
pursuant to the Nuclear Posture Review published 
in 2018. 
SEC. 1673. REPORT ON CONSIDERATION OF RISKS OF INAD-
VERTENT ESCALATION TO NUCLEAR WAR. 
(a) REPORT.—Not later than January 31, 2021, the 
Under Secretary of Defense for Policy shall submit to the 
Committees on Armed Services of the House of Represent-
atives and the Senate a report— 
(1) detailing the efforts of the Department of 
Defense with respect to developing and imple-
menting guidance to ensure that the risks of inad-
vertent escalation to a nuclear war are considered 
within the decision-making processes of the Depart-
ment regarding relevant activities (such as devel-
oping contingency plans, managing military crises 
and conflicts, and supporting the Department of 
State in the development, negotiation, and imple-
mentation of cooperative risk-reduction measures); 
and 
(2) identifying the capabilities and factors 
taken into account in developing such guidance.
1746 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
(c) BRIEFING.—Not later than December 1, 2020, 
the Under Secretary shall provide to the Committees on 
Armed Services of the House of Representatives and the 
Senate a briefing on the progress and findings made in 
carrying out subsection (a). 
SEC. 1674. LIMITATION ON AVAILABILITY OF FUNDS RELAT-
ING TO REPORTS ON MISSILE SYSTEMS AND 
ARMS CONTROL TREATIES. 
(a) LIMITATION.— 
(1) IN
GENERAL.—Beginning on October 1, 
2020, if the Secretary of Defense has not submitted 
the covered reports, not more than 25 percent of the 
funds specified in paragraph (2) may be obligated or 
expended until the date on which the covered reports 
have been submitted. 
(2) FUNDS SPECIFIED.—The funds specified in 
this paragraph are the funds authorized to be appro-
priated by the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 
2021 or otherwise made available for fiscal year 
2021 for the immediate office of the Secretary of 
Defense.
1747 
(b) COVERED REPORTS DEFINED.—In this section, 
the term ‘‘covered reports’’ means— 
(1) the report under section 1698(b) of the Na-
tional Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92; 133 Stat. 1792); and 
(2) the assessment under section 1236(b) of the 
National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92; 133 Stat. 1650). 
SEC. 1675. CYBERSECURITY AND INFRASTRUCTURE SECU-
RITY AGENCY REVIEW. 
(a) IN GENERAL.—The Director of the Cybersecurity 
and Infrastructure Security Agency of the Department of 
Homeland Security shall conduct a review of the ability 
of the Cybersecurity and Infrastructure Security Agency 
to carry out its mission requirements, as well as the rec-
ommendations detailed in the U.S. Cyberspace Solarium 
Commission’s Report regarding the Agency. 
(b) ELEMENTS OF REVIEW.—The review conducted 
in accordance with subsection (a) shall include the fol-
lowing elements: 
(1) An assessment of how additional budget re-
sources could be used by the Cybersecurity and In-
frastructure Security Agency for projects and pro-
grams that—
1748 
(A) support the national risk management 
mission; 
(B) support public and private-sector cy-
bersecurity; 
(C) promote public-private integration; and 
(D) provide situational awareness of cyber-
security threats. 
(2) A force structure assessment of the Cyber-
security and Infrastructure Security Agency, includ-
ing— 
(A) a determination of the appropriate size 
and composition of personnel to carry out the 
mission requirements of the Agency, as well as 
the recommendations detailed in the U.S. 
Cyberspace Solarium Commission’s Report re-
garding the Agency; 
(B) as assessment of whether existing per-
sonnel are appropriately matched to the 
prioritization of threats in the cyber domain 
and risks to critical infrastructure; 
(C) an assessment of whether the Agency 
has the appropriate personnel and resources 
to—
1749 
(i) perform risk assessments, threat 
hunting, and incident response to support 
both private and public cybersecurity; 
(ii) carry out its responsibilities re-
lated to the security of Federal information 
and Federal information systems (as such 
term is defined in section 3502 of title 44, 
United States Code); and 
(iii) carry out its critical infrastruc-
ture responsibilities, including national risk 
management; 
(D) an assessment of whether current 
structure, personnel, and resources of regional 
field offices are sufficient to carry out Agency 
responsibilities and mission requirements; and 
(E) an assessment of current Cybersecu-
rity and Infrastructure Security Agency facili-
ties, including a review of the suitability of such 
facilities to fully support current and projected 
mission requirements nationally and regionally, 
and recommendations regarding future facility 
requirements. 
(c) SUBMISSION OF REVIEW.—Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to the Committee on
1750 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report detailing the result of the 
review conducted in accordance with subsection (a), in-
cluding recommendations to address any identified gaps. 
(d) GENERAL
SERVICES
ADMINISTRATION
RE-
VIEW.— 
(1) SUBMISSION OF ASSESSMENT.—Upon sub-
mission to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate of the report required under subsection (c), 
the Director of the Cybersecurity and Infrastructure 
Security Agency of the Department of Homeland Se-
curity shall submit to the Administrator of the Gen-
eral Services Administration the results of the as-
sessment required under subsection (b)(2)(E). 
(2) REVIEW.—The Administrator of the Gen-
eral Services Administration shall— 
(A) conduct a review of Cybersecurity and 
Infrastructure Security Agency assessment re-
quired under subsection (b)(2)(E); and 
(B) make recommendations regarding re-
sources needed to procure or build a new facil-
ity or augment existing facilities to ensure suffi-
1751 
cient size and accommodations to fully support 
current and projected mission requirements, in-
cluding the integration of personnel from the 
private sector and other Federal departments 
and agencies. 
(3) SUBMISSION OF REVIEW.—Not later than 
30 days after receipt of the assessment under para-
graph (1), the Administrator of the General Services 
Administration shall submit to the President, the 
Secretary of Homeland Security, the Committee on 
Homeland Security and Governmental Affairs of the 
Senate, and the Committee on Homeland Security of 
the House of Representatives the review required 
under paragraph (2). 
TITLE XVII—REPORTS AND 
OTHER MATTERS 
Subtitle A—Studies and Reports 
SEC. 1701. REVIEW OF SUPPORT OF SPECIAL OPERATIONS 
TO COMBAT TERRORISM. 
(a) REVIEW.—The Comptroller General of the United 
States shall conduct a review of all support provided, or 
planned to be provided, under section 127e of title 10, 
United States Code. Such review shall include an analysis 
of each of the following:
1752 
(1) The strategic alignment between such sup-
port and relevant Executive orders, global campaign 
plans, theatre campaign plans, execute orders, and 
other guiding documents for currency, relevancy, 
and efficacy. 
(2) The extent to which United States Special 
Operations Command has the processes and proce-
dures to manage, integrate, and synchronize the au-
thority under section 127e of title 10, United States 
Code, in support of the objectives and priorities 
specified by the documents listed in (a)(1) as well as 
the objectives and priorities of— 
(A) the geographic combatant commands; 
(B) theatre elements of United States Spe-
cial Operations Command; 
(C) relevant chiefs of mission and other 
appropriate positions in the Department of 
State; and 
(D) any other interagency organization af-
fected by the use of such authority. 
(3) For the activities carried out pursuant to 
such authority, the extent to which United States 
Special Operations Command has the processes and 
procedures to—
1753 
(A) determine the professionalism, cohe-
sion, and institutional capacity of the military 
in the country where forces receiving support 
are based; 
(B) determine the adherence of the forces 
receiving support to human rights norms and 
the laws of armed conflict; 
(C) establish measures of effectiveness; 
(D) assess such activities against estab-
lished measures of effectiveness as identified in 
subparagraph (C); 
(E) establish criteria to determine the suc-
cessful completion of such activities; 
(F) deconflict and synchronize activities 
conducted under such authority with other rel-
evant funding authorities; 
(G) deconflict and synchronize activities 
conducted under such authorities with other rel-
evant activities conducted by organizations re-
lated to, but outside the purview of, the Depart-
ment of Defense; and 
(H) track the training, support, and facili-
tation provided to forces receiving support, and 
the significant activities undertaken by such
1754 
forces as a result of such training, support, and 
facilitation. 
(4) The extent to which United States Special 
Operations Command has processes and procedures 
to manage the sunset, termination, or transition of 
activities carried out pursuant to such authority, in-
cluding— 
(A) accountability with respect to equip-
ment provided; and 
(B) integrity of the tactics, techniques, and 
procedures developed. 
(5) The extent to which United States Special 
Operations Command has and uses processes and 
procedures to— 
(A) report to Congress biannually on the 
matters referred to in paragraph (3); and 
(B) notify Congress with respect to the in-
tent to sunset, terminate, or transition activities 
carried out pursuant to such authority. 
(6) Any other issues the Comptroller General 
determines appropriate with respect to the authority 
under section 127e of title 10, United States Code. 
(b) BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
shall provide for the Committees on Armed Services of the
1755 
Senate and House of Representatives a briefing on the 
progress of the review required under subsection (a). 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committees on Armed Services of the Sen-
ate and House of Representatives a report on the findings 
of the review required under subsection (a) and the rec-
ommendations of the Comptroller General pursuant to 
such review. 
(d) SUPPORT DEFINED.—In this section, the term 
‘‘support’’ includes— 
(1) personnel who provide capacity for— 
(A) training and equipment; 
(B) training, advice, and assistance; or 
(C) advice, assistance, and accompaniment 
capacity; 
(2) financial assistance; and 
(3) equipment and weapons. 
SEC. 1702. FFRDC STUDY OF EXPLOSIVE ORDNANCE DIS-
POSAL AGENCIES. 
(a) IN GENERAL.—The Secretary of Defense shall 
enter into an agreement with a federally funded research 
and development corporation under which such corpora-
tion shall conduct a study of the responsibilities, authori-
ties, policies, programs, resources, organization, and ac-
1756 
tivities of the explosive ordnance disposal agencies of the 
Department of Defense, Defense Agencies, and military 
departments. In carrying out the study, the federally fund-
ed research and development corporation shall solicit input 
from relevant nonprofit organizations, such as the Na-
tional Defense Industrial Association EOD Committee, 
United States Army EOD Association, United States 
Bomb Technician Association and the EOD Warrior 
Foundation. 
(b) ELEMENTS OF STUDY.—The study conducted 
under subsection (a) shall include, for the Department of 
Defense, each Defense Agency, and each the military de-
partments, each of the following: 
(1) An identification and evaluation of— 
(A) technology research, development, and 
acquisition activities related to explosive ord-
nance disposal, including an identification and 
evaluation of— 
(i) current and future technology and 
related industrial base gaps; and 
(ii) any technical or operational risks 
associated with such technology or related 
industrial base gaps; 
(B) recruiting, training, education, assign-
ment, promotion, and retention of military and
1757 
civilian personnel with responsibilities relating 
to explosive ordnance disposal; 
(C) administrative and operational force 
structure with respect to explosive ordnance dis-
posal, including an identification and assess-
ment of risk associated with force structure ca-
pacity or capability gaps, if any; and 
(D) the demand for, and activities con-
ducted in support of, domestic and international 
military explosive ordnance disposal operations, 
including— 
(i) support provided to Department of 
Defense agencies and other Federal agen-
cies; and 
(ii) an identification and assessment 
of risk associated with the prioritization 
and availability of explosive ordnance dis-
posal support among supported agencies 
and operations. 
(2) Recommendations, if any, for changes to— 
(A) the organization and distribution of re-
sponsibilities and authorities relating to explo-
sive ordnance disposal; 
(B) the explosive ordnance disposal force 
structure, management, prioritization, and op-
1758 
erating concepts in support of the explosive ord-
nance disposal requirements of the Armed 
Forces and other Federal agencies; and 
(C) resource investment strategies and 
technology prioritization for explosive ordnance 
disposal, including science and technology, 
prototyping, experimentation, test and evalua-
tion, and related 5-year funding profiles. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than August 31, 
2021, the Secretary of Defense shall submit to the 
congressional defense committees a report on the 
study conducted under subsection (a). Such report 
shall include the comments on the study, if any, of 
the Secretary of Defense, the directors of each of the 
Defense Agencies, and the Secretaries of each of the 
military departments. 
(2) FORM OF REPORT.—The report submitted 
under paragraph (1) shall be submitted in unclassi-
fied form, but may contain a classified annex. 
SEC. 1703. REPORT ON THE HUMAN RIGHTS OFFICE AT 
UNITED STATES SOUTHERN COMMAND. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
1759 
(1) the promotion of human rights and the pro-
tection of civilians abroad is an ethical, legal, and 
strategic interest of the United States; 
(2) the Human Rights Office at the United 
States Southern Command plays an essential role in 
the 
promotion 
of 
human 
rights 
and 
the 
professionalization of foreign security forces in the 
area of responsibility of the United States Southern 
Command; 
(3) the Secretary of Defense should ensure the 
status of the Human Rights Office at the United 
States Southern Command and, to the extent pos-
sible, ensure the United States Southern Command 
has the assets necessary to support the activities of 
the Human Rights Office; and 
(4) the Secretary of Defense should ensure the 
development, at each of the combatant commands, of 
an office responsible for— 
(A) advising the commander of the com-
batant command on the promotion of human 
rights and protection of civilians; and 
(B) integrating such promotion and protec-
tion into command strategy. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense
1760 
shall submit to the congressional defense committees a re-
port on— 
(1) the activities of the Human Rights Office at 
the United States Southern Command to provide 
and promote— 
(A) analysis and policy support to the 
Commander of the United States Southern 
Command regarding human rights and the pro-
tection of civilians; 
(B) education of employees of the Depart-
ment of Defense regarding human rights and 
protection of civilians pursuant to the document 
promulgated by the United States Southern 
Command on July 1, 1998, titled ‘‘Regulation 
1-20’’ (relating to policy and procedures for 
human rights administration); 
(C) integration of the promotion of human 
rights and protection of civilians into the strat-
egy, planning, training, and exercises of the 
United States Southern Command, including 
into programs of the armed forces of partner 
countries through the Human Rights Initiative 
program of such Command;
1761 
(D) promotion of human rights and the 
protection of civilians through security coopera-
tion activities; 
(E) implementation of section 362 of title 
10, United States Code; and 
(F) countering trafficking in persons; and 
(2) the resources necessary over the period of 
the future years defense plan for fiscal year 2022 
under section 221 of title 10, United States Code, 
for the United States Southern Command to support 
the activities of the Human Rights Office at such 
Command. 
(c) FORM.—The report under subsection (b) shall be 
submitted in unclassified form. 
SEC. 1704. REPORT ON JOINT TRAINING RANGE EXERCISES 
FOR THE PACIFIC REGION. 
(a) REPORT.—Not later than March 15, 2021, the 
Chairman of the Joint Chiefs of Staff, in coordination 
with the Commander of United States Indo-Pacific Com-
mand, the Secretary of the Army, the Secretary of the 
Navy, and the Secretary of the Air Force, shall submit 
to the congressional defense committees a report con-
taining a plan to integrate combined, joint, and multi-do-
main, training and experimentation in the Pacific region,
1762 
including existing ranges, training areas, and test facili-
ties, to achieve the following objectives: 
(1) Support future combined and joint exercises 
and training to test operational capabilities and 
weapon systems. 
(2) Employ multi-domain training to validate 
joint operational concepts. 
(3) Integrate allied and partner countries into 
national-level exercises. 
(b) MATTERS.—The report under subsection (a) shall 
address the following: 
(1) Integration of cyber, space, and electro-
magnetic spectrum domains. 
(2) Mobile and fixed range instrumentation 
packages for experimentation and training. 
(3) Digital, integrated command and control for 
air defense systems. 
(4) Command, control, communications, com-
puter, and information (C41) systems. 
(5) War gaming, modeling, and simulations 
packages. 
(6) Intelligence support systems. 
(7) Manpower management, execution, collec-
tion, and analysis required for the incorporation of
1763 
space and cyber activities into the training range ex-
ercise plan contained in such report. 
(8) Connectivity requirements to support all do-
main integration and training. 
(9) Any training range upgrades or infrastruc-
ture improvements necessary to integrate legacy 
training and exercise facilities into integrated, oper-
ational sites. 
(10) Exercises led by the United States Indo- 
Pacific Command, within the area of operations of 
the Command, that integrate allied and partnered 
countries and link to the national-level exercises of 
the United States. 
(11) Incorporation of any other functional and 
geographic combatant commands required to sup-
port the United States Indo-Pacific Command. 
(c) FORM.—The report under subsection (a) may be 
submitted in classified form, and shall include an unclassi-
fied summary. 
SEC. 1705. STUDY ON CHINESE POLICIES AND INFLUENCE 
IN THE DEVELOPMENT OF INTERNATIONAL 
STANDARDS FOR EMERGING TECHNOLOGIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of the Na-
tional Institute of Standards and Technology shall enter
1764 
into an agreement with an appropriate non-governmental 
entity with relevant expertise, as determined by the Direc-
tor, to conduct a study and make recommendations with 
respect to the impact of the policies of the People’s Repub-
lic of China and coordination among industrial entities 
within the People’s Republic of China on international 
bodies engaged in developing and setting international 
standards for emerging technologies. The study may in-
clude— 
(1) an assessment of how the role of the Peo-
ple’s Republic of China in international standards 
setting organizations has grown over the previous 10 
years, including in leadership roles in standards- 
drafting technical committees, and the quality or 
value of that participation; 
(2) an assessment of the impact of the stand-
ardization strategy of the People’s Republic of 
China, as identified in the ‘‘Chinese Standard 2035’’ 
on international bodies engaged in developing and 
setting standards for select emerging technologies, 
such as advanced communication technologies or 
cloud computing and cloud services; 
(3) an examination of whether international 
standards for select emerging technologies are being 
designed to promote interests of the People’s Repub-
1765 
lic of China that are expressed in the ‘‘Made in 
China 2025’’ plan to the exclusion of other partici-
pants; 
(4) an examination of how the previous prac-
tices that the People’s Republic of China has utilized 
while participating in international standards setting 
organizations may foretell how the People’s Republic 
of China will engage in international standardization 
activities of critical technologies like artificial intel-
ligence and quantum information science, and what 
may be the consequences; 
(5) recommendations on how the United States 
can take steps to mitigate influence of the People’s 
Republic of China and bolster United States public 
and private sector participation in international 
standards-setting bodies; and 
(6) any other areas the Director, in consulta-
tion with the entity selected to conduct the study, 
believes is important to address. 
(b) REPORT TO CONGRESS.—The agreement entered 
into under subsection (a) shall require the entity con-
ducting the study to, not later than 2 years after the date 
of the enactment of this Act— 
(1) submit to the Committee on Science, Space, 
and Technology of the House of Representatives and
1766 
the Committee on Commerce, Science, and Trans-
portation of the Senate a report containing the find-
ings and recommendations of the review conducted 
under subsection (a); and 
(2) make a copy of such report available on a 
publicly accessible website. 
SEC. 1706. SENSE OF CONGRESS AND STRATEGY ON CATA-
STROPHIC CRITICAL INFRASTRUCTURE FAIL-
URE RESPONSE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the occurrence of a catastrophic critical in-
frastructure failure event, in which key networks fa-
cilitating the delivery of essential services such as 
electricity, water, or communications fail for an ex-
tended duration, would constitute a significant 
threat to the national security and common welfare 
of the United States; 
(2) such a catastrophic critical infrastructure 
failure event could occur by various means, including 
but not limited to those linked to natural phe-
nomenon (including earthquakes, hurricanes, or geo-
magnetic disturbances) or military conflict (includ-
ing cyberattacks, electromagnetic pulse effects, or ki-
netic assault); and
1767 
(3) the Department of the Defense should 
strengthen its preparedness for catastrophic critical 
infrastructure failure events, including with respect 
to preemptive infrastructure enhancements, the fa-
cilitation of resiliency and relief efforts in the after-
math thereto, and the mitigation of impacts of such 
an event on activities of the Department. 
(b) STRATEGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense 
committees a report that includes an analysis of 
each of the following: 
(A) Particular threat scenarios involving 
catastrophic 
critical 
infrastructure 
failure 
events which the Secretary believes could be 
adequately addressed by existing Department of 
Defense plans and resources. 
(B) Particular threat scenarios involving 
catastrophic 
critical 
infrastructure 
failure 
events which the Secretary believes could not 
currently be adequately addressed by existing 
Department of Defense plans and resources. 
(C) Unique challenges, with respect to ac-
tivities and operations of the Department of
1768 
Defense, presented by catastrophic critical in-
frastructure 
failure 
events 
involving 
geo-
magnetic disturbance or electromagnetic pulse 
events. 
(D) Strategies to increase future prepared-
ness with respect to any threat scenarios identi-
fied pursuant to subparagraph (B). 
(2) FORM.—The report under paragraph (1) 
may be submitted in classified form, but if so sub-
mitted, shall be accompanied by an unclassified sum-
mary. 
SEC. 1707. GAO STUDY ON THE SCHOOL-TO-PRISON PIPE-
LINE. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the school to prison 
pipeline in order to— 
(1) highlight this issue; 
(2) offer proof of concept to States that evi-
dence-based interventions, such as restorative prac-
tices, are— 
(A) more effective than punitive, exclu-
sionary measures; 
(B) improve student achievement; and 
(C) enhance public safety and student-well- 
being; and
1769 
(3) determine the long-term benefits of replac-
ing a punitive approach to discipline with restorative 
practices in schools, by analyzing the potential sav-
ings generated by helping children stay in school and 
out of the criminal justice system. 
(b) COST-BENEFIT ANALYSIS.—The study conducted 
under subsection (a) shall include a cost-benefit analysis 
to determine the effectiveness and impact of school re-
source officers and local law enforcement personnel on 
school climate and student discipline. 
(c) REPORT.—Upon the conclusion of the study 
under subsection (a), the Comptroller General of the 
United States shall prepare and submit to Congress a re-
port regarding the study and the conclusions and rec-
ommendations generated from the study. 
SEC. 1708. DEPARTMENT OF VETERANS AFFAIRS REPORT 
ON UNCLAIMED PROPERTY. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall submit to Congress a report on 
the unclaimed property in the possession of the Depart-
ment of Veterans Affairs. 
(b) REVIEW OF REPORT.—The Comptroller General 
of the United States shall conduct a review of the report 
submitted under subsection (a).
1770 
(c) UNCLAIMED PROPERTY DEFINED.—The term 
‘‘unclaimed property’’ includes any intangible personal 
property, including money, liquidated obligations, choses 
in action, accounts, entrusted funds, deposits, evidences 
of debt or instruments held by any Federal agency, officer 
or employee thereof (except bonuses, gratuities, and sums 
held by the Social Security Administration), which has re-
mained unclaimed by the owner. 
SEC. 1709. REPORT REGARDING VETERANS WHO RECEIVE 
BENEFITS UNDER LAWS ADMINISTERED BY 
THE SECRETARY OF VETERANS AFFAIRS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Veterans 
Affairs shall publish a report regarding veterans who re-
ceive benefits under laws administered by the Secretary, 
including the Transition Assistance Program under sec-
tions 1142 and 1144 of title 10, United States Code. 
(b) DATA.—The data regarding veterans published in 
the report under subsection (a)— 
(1) shall be disaggregated by— 
(A) sex; 
(B) sexual orientation; 
(C) gender identity; 
(D) minority group member status; and
1771 
(E) minority group member status listed 
by sex; and 
(2) may not include any personally identifiable 
information. 
(c) MATTERS INCLUDED.—The report under sub-
section (a) shall include— 
(1) identification of any disparities in the use of 
benefits under laws administered by the Secretary; 
(2) an analysis of the cause of such disparities, 
and recommendations to address such disparities; 
and 
(3) identification of veterans who are deter-
mined to be ineligible for benefits due to discharge 
status. 
(d) MINORITY GROUP MEMBER DEFINED.—In this 
section, the term ‘‘minority group member’’ has the mean-
ing given that term in section 544 of title 38, United 
States Code. 
SEC. 1710. GAO REPORT ON ZTE COMPLIANCE WITH SET-
TLEMENT AGREEMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
on the compliance of Zhongxing Telecommunications 
Equipment Corporation and ZTE Kangxun Telecommuni-
1772 
cations Ltd. (collectively referred to in this section as 
‘‘ZTE’’) with the Superseding Settlement Agreement and 
Superseding Order reached with the Department of Com-
merce on June 8, 2018 (in this section referred to as the 
‘‘agreement’’). 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include a comprehensive 
analysis of the following: 
(1) The level of compliance by ZTE, past and 
present, with the obligations of ZTE under the 
agreement. 
(2) The transparency and candor of ZTE in 
representing such level of compliance. 
(3) Efforts by the United States Government to 
monitor, report on, and ensure compliance by ZTE 
with the agreement. 
(4) Whether any actions taken by ZTE since 
June 8, 2018, constitute a material breach of the 
obligations of ZTE under the agreement. 
(5) Recommended courses of action for the 
United States Government to improve compliance by 
ZTE with the agreement or to respond to a material 
breach of the obligations of ZTE under the agree-
ment.
1773 
SEC. 1710A. GAO STUDY OF CYBERSECURITY INSURANCE. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to assess and analyze the 
state and availability of insurance coverage in the United 
States for cybersecurity risks, which shall include— 
(1) identifying the number and dollar volume of 
cyber insurance policies currently in force and the 
percentage of businesses, and specifically small busi-
nesses, that have cyber insurance coverage; 
(2) assessing the extent to which States have 
established minimum standards for the scope of 
cyber insurance policies; and 
(3) identifying any barriers to modeling and un-
derwriting cybersecurity risks. 
(b) REPORT.—Not later than the expiration of the 
180-day period beginning on the date of the enactment 
of this Act, the Comptroller General shall submit a report 
to the Congress setting forth the findings and conclusions 
of the study conducted pursuant to subsection (a), which 
shall include recommendations on whether or not Federal 
intervention would help facilitate the growth and develop-
ment of insurers offering coverage for cybersecurity risks, 
the availability and affordability of such coverage, and pol-
icyholder education regarding such coverage.
1774 
SEC. 1710B. REPORT ON RECOGNITION OF AFRICAN AMER-
ICAN SERVICEMEMBERS IN DEPARTMENT OF 
DEFENSE NAMING PRACTICES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report con-
taining the following information: 
(1) A description of current Department of De-
fense naming conventions for military installations, 
infrastructure, vessels, and weapon systems. 
(2) A list of all military installations (including 
reserve component facilities), infrastructure (includ-
ing reserve component infrastructure), vessels, and 
weapon systems that are currently named after Afri-
can Americans who served in the Armed Forces. 
(3) An explanation of the steps being taken to 
recognize the service of African Americans who have 
served in the Armed Forces with honor, heroism, 
and distinction by increasing the number of military 
installations, infrastructure, vessels, and weapon sys-
tems named after deserving African American mem-
bers of the Armed Forces. 
SEC. 1710C. REPORT ON GOVERNMENT POLICE TRAINING 
AND EQUIPPING PROGRAMS. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the President shall submit
1775 
to Congress a report on United States Government police 
training and equipping programs outside the United 
States. 
(b) ELEMENTS.—The report required under para-
graph (1) shall include the following: 
(1) A list of all United States Government de-
partments and agencies involved in implementing po-
lice training and equipping programs. 
(2) A description of the scope, size, and compo-
nents of all police training and equipping programs 
for fiscal years 2023, 2024, and 2025, including, for 
each such program— 
(A) the name of each country that received 
assistance under the program; 
(B) for each training activity, the number 
of foreign personnel provided training, their 
units of operation, location of the training, cost 
of the activity, the United States unit involved, 
and the nationality and unit of non-United 
States training personnel, if any, involved in 
each activity; 
(C) the purpose and objectives of the pro-
gram; 
(D) the funding and personnel levels for 
the program in each such fiscal year;
1776 
(E) the authority under which the program 
is conducted; 
(F) the name of the United States Govern-
ment department or agency with lead responsi-
bility for the program and the mechanisms for 
oversight of the program; and 
(G) the metrics for measuring the results 
of the program. 
(3) An assessment of the requirements for po-
lice training and equipping programs, and what 
changes, if any, are required to improve the capacity 
of the United States Government to meet such re-
quirements. 
(4) An evaluation of the appropriate role of 
United States Government departments and agen-
cies in coordinating on and carrying out police train-
ing and equipping programs. 
(5) An evaluation of the appropriate role of 
contractors in carrying out police training and 
equipping programs, and what modifications, if any, 
are needed to improve oversight of such contractors. 
(6) Recommendations for legislative modifica-
tions, if any, to existing authorities relating to police 
training and equipping programs.
1777 
(c) FORM OF REPORT.—The report required under 
this section shall be submitted in unclassified form, but 
may include a classified annex. 
(d) PUBLIC AVAILABILITY INTERNET.—All unclassi-
fied portions of the report required under this section shall 
be made publicly available on an appropriate internet 
website. 
(e) DEFINITION.—In this section, the term ‘‘police’’ 
includes national police, gendarmerie, counter-narcotics 
police, counterterrorism police, formed police units, border 
security, and customs. 
SEC. 1710D. DEEPFAKE REPORT. 
(a) DEFINITIONS.—In this section: 
(1) DIGITAL
CONTENT
FORGERY.—The term 
‘‘digital content forgery’’ means the use of emerging 
technologies, including artificial intelligence and ma-
chine learning techniques, to fabricate or manipulate 
audio, visual, or text content with the intent to mis-
lead. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(b) REPORTS
ON
DIGITAL
CONTENT
FORGERY 
TECHNOLOGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act and annually
1778 
thereafter for 5 years, the Secretary, acting through 
the Under Secretary for Science and Technology of 
the Department of Homeland Security, and with re-
spect to subparagraphs (F) through (H) of para-
graph (2), in consultation with the Director of Na-
tional Intelligence, shall research the state of digital 
content forgery technology and produce a report on 
such technology. 
(2) CONTENTS.—Each report produced under 
paragraph (1) shall include the following: 
(A) An assessment of the underlying tech-
nologies used to create or propagate digital con-
tent forgeries, including the evolution of such 
technologies. 
(B) A description of the types of digital 
content forgeries, including those used to com-
mit fraud, cause harm, or violate civil rights 
recognized under Federal law. 
(C) An assessment of how foreign govern-
ments, and the proxies and networks thereof, 
use, or could use, digital content forgeries to 
harm national security. 
(D) An assessment of how non-govern-
mental entities in the United States use, or 
could use, digital content forgeries.
1779 
(E) An assessment of the uses, applica-
tions, dangers, and benefits, including the im-
pact on individuals, of deep learning tech-
nologies used to generate high fidelity artificial 
content of events that did not occur. 
(F) An analysis of the methods used to de-
termine whether content is genuinely created by 
a human or through digital content forgery 
technology, and an assessment of any effective 
heuristics used to make such a determination, 
as well as recommendations on how to identify 
and address suspect content and elements to 
provide warnings to users of such content. 
(G) A description of the technological 
countermeasures that are, or could be, used to 
address concerns with digital content forgery 
technology. 
(H) Proposed research and development 
activities for the Science and Technology Direc-
torate of the Department of Homeland Security 
to undertake related to the identification of 
forged digital content and related counter-
measures. 
(I) Any additional information the Sec-
retary determines appropriate.
1780 
(3) CONSULTATION AND PUBLIC HEARINGS.— 
In producing each report required under paragraph 
(1), the Secretary may— 
(A) consult with any other agency of the 
Federal Government that the Secretary con-
siders necessary; and 
(B) conduct public hearings to gather, or 
otherwise allow interested parties an oppor-
tunity to present, information and advice rel-
evant to the production of the report. 
(4) FORM OF REPORT.—Each report required 
under paragraph (1) shall be produced in unclassi-
fied form, but may contain a classified annex. 
(5) APPLICABILITY OF FOIA.—Nothing in this 
section, or in a report produced under this section, 
may be construed to allow the disclosure of informa-
tion or a record that is exempt from public disclo-
sure under section 552 of title 5, United States 
Code (commonly known as the ‘‘Freedom of Infor-
mation Act’’). 
(6) APPLICABILITY
OF
THE
PAPERWORK
RE-
DUCTION ACT.—Subchapter I of chapter 35 of title 
44, United States Code (commonly known as the 
‘‘Paperwork Reduction Act’’), shall not apply to this 
section.
1781 
SEC. 1710E. STUDY ON UNEMPLOYMENT RATE OF WOMEN 
VETERANS WHO SERVED ON ACTIVE DUTY IN 
THE ARMED FORCES AFTER SEPTEMBER 11, 
2001. 
(a) STUDY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs, in consultation with the 
Bureau of Labor Statistics of the Department of 
Labor, shall conduct a study on why Post-9/11 Vet-
erans who are women are at higher risk of unem-
ployment than all other groups of women veterans 
and their non- veteran counterparts. 
(2) CONDUCT OF STUDY.— 
(A) IN
GENERAL.—The Secretary shall 
conduct the study under paragraph (1) pri-
marily through the Center for Women Veterans 
under section 318 of title 38, United States 
Code. 
(B) CONSULTATION.—-In carrying out the 
study conducted under paragraph (1), the Sec-
retary may consult with— 
(i) the Department of Labor; 
(ii) other Federal agencies, such as 
the Department of Defense, the Office of
1782 
Personnel Management, and the Small 
Business Administration; 
(iii) foundations; and 
(iv) entities in the private sector. 
(3) ELEMENTS
OF
STUDY.—The study con-
ducted under paragraph (1) shall include, with re-
spect to Post-9/11 Veterans who are women, at a 
minimum, an analysis of the following: 
(A) Rank at time of separation from the 
Armed Forces. 
(B) Geographic location upon such separa-
tion. 
(C) Educational level upon such separa-
tion. 
(D) The percentage of such veterans who 
enrolled in an education or employment training 
program of the Department of Veterans Affairs 
or the Department of Labor after such separa-
tion. 
(E) Industries that have employed such 
veterans. 
(F) Military occupational specialties avail-
able to such veterans. 
(G) Barriers to employment of such vet-
erans.
1783 
(H) Causes to fluctuations in employment 
of such veterans. 
(I) Current employment training programs 
of the Department of Veterans Affairs or the 
Department of Labor that are available to such 
veterans. 
(J) Economic indicators that impact unem-
ployment of such veterans. 
(K) Health conditions of such veterans 
that could impact employment. 
(L) Whether there are differences in the 
analyses conducted under subparagraphs (A) 
through (K) based on the race of such veteran. 
(M) The difference between unemployment 
rates of Post-9/11 Veterans who are women 
compared to unemployment rates of Post-9/11 
Veterans who are men, including an analysis of 
potential causes of such difference. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
completing the study under subsection (a), the Sec-
retary shall submit to the Committee on Veterans’ 
Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives a re-
port on such study.
1784 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) The analyses conducted under sub-
section (a)(3). 
(B) A description of the methods used to 
conduct the study under subsection (a). 
(C) Such other matters relating to the un-
employment rates of Post-9/11 Veterans who 
are women as the Secretary considers appro-
priate. 
(c) POST-9/11 VETERAN DEFINED.—In this section, 
the term ‘‘Post-9/11 Veteran’ ’’ means a veteran who 
served on active duty in the Armed Forces on or after 
September 11, 2001. 
SEC. 1710F. REPORT ON THE OKLAHOMA CITY NATIONAL 
MEMORIAL. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Interior shall submit 
to Congress a report containing the following information: 
(1) A description of the current status of the 
Oklahoma City National Memorial, an affiliated site 
of the National Park System. 
(2) A summary of non-Federal funding that has 
been raised in accordance with section 7(2) of the
1785 
Oklahoma City National Memorial Act of 1997 (16 
U.S.C. 450ss–5(2)). 
SEC. 1710G. REPORTS ON MILITARY SERVICE ACADEMIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the superintendent of each military serv-
ice academy shall submit to the Secretary of Defense and 
the congressional defense committees a report that in-
cludes, with respect to the academy overseen by the super-
intendent, the following: 
(1) Anonymized equal opportunity claims and 
determinations involving the academy over the past 
20 years. 
(2) Results of a climate survey of cadets or 
midshipmen (as the case may be) conducted by an 
external entity. 
(3) A review of educational and extracurricular 
instruction at the academy, including— 
(A) a review of courses to ensure the inclu-
sion of minority communities in authorship and 
course content; and 
(B) a review of faculty and staff demo-
graphics to determine diversity recruitment 
practices at the academy.
1786 
SEC. 1710H. INDEPENDENT STUDY ON IDENTIFYING AND 
ADDRESSING THREATS THAT INDIVIDUALLY 
OR COLLECTIVELY AFFECT NATIONAL SECU-
RITY, FINANCIAL SECURITY, OR BOTH. 
(a) INDEPENDENT STUDY.—Not later than 30 days 
after the date of the enactment of this Act, the Director 
of National Intelligence, in coordination with the Sec-
retary of the Treasury in the Secretary’s capacity as the 
Chair of the Financial Stability Oversight Council and the 
heads of other relevant departments and agencies, shall 
seek to enter into a contract with a federally funded re-
search and development center under which the center will 
conduct a study on identifying and addressing threats that 
individually or collectively affect national security, finan-
cial security, or both. 
(b) ELEMENTS
OF STUDY.—In carrying out the 
study referred to in subsection (a), the selected Federally 
funded research and development center shall be contrac-
tually obligated to— 
(1) identify threats that individually or collec-
tively affect national security, financial security, or 
both, including— 
(A) foreign entities and governments ac-
quiring financial interests in domestic compa-
nies that have access to critical or sensitive na-
1787 
tional security materials, technologies, or infor-
mation; 
(B) other currencies being used in lieu of 
the United States Dollar in international trans-
actions; 
(C) foreign influence in companies seeking 
to access capital markets by conducting initial 
public offerings in other countries; 
(D) the use of financial instruments, mar-
kets, payment systems, or digital assets in ways 
that appear legitimate but may be part of a for-
eign malign strategy to weaken or undermine 
the economic security of the United States; 
(E) the use of entities, such as corpora-
tions, companies, limited liability companies, 
limited partnerships, business trusts, business 
associations, or other similar entities to obscure 
or hide the foreign beneficial owner of such en-
tities; and 
(F) any other known or potential threats 
that individually or collectively affect national 
security, financial security, or both currently or 
in the foreseeable future.
1788 
(2) assess the extent to which the United States 
Government is currently able to identify and charac-
terize the threats identified under paragraph (1); 
(3) assess the extent to which the United States 
Government is currently able to mitigate the risk 
posed by the threats identified under paragraph (1); 
(4) assess whether current levels of information 
sharing and cooperation between the United States 
Government and allies and partners has been helpful 
or can be improved upon in order for the United 
States Government to identify, characterize, and 
mitigate the threats identified under paragraph (1); 
and 
(5) recommend opportunities, and any such au-
thorities or resources required, to improve the effi-
ciency and effectiveness of the United States Gov-
ernment in identifying the threats identified under 
paragraph (1) and mitigating the risk posed by such 
threats. 
(c) SUBMISSION TO DIRECTOR OF NATIONAL INTEL-
LIGENCE.—Not later than 180 days after the date of the 
enactment of this Act, the federally funded research and 
development center selected to conduct the study under 
subsection (a) shall submit to the Director of National In-
1789 
telligence a report on the results of the study in both clas-
sified and unclassified form. 
(d) SUBMISSION TO CONGRESS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Director of National Intel-
ligence receives the report under subsection (c), the 
Director shall submit to the appropriate committees 
of Congress an unaltered copy of the report in both 
classified and unclassified form, and such comments 
as the Director, in coordination with the Secretary 
of Treasury in his capacity as the Chair of the Fi-
nancial Stability Oversight Council and the heads of 
other relevant departments and agencies, may have 
with respect to the report. 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—In this subsection, the term ‘‘appropriate 
committees of Congress’’ means— 
(A) the Committee on Armed Services, the 
Select Committee on Intelligence, and the Com-
mittee on Banking, Housing, and Urban Af-
fairs, the Committee on Foreign Relations, and 
the Committee on Appropriations of the Senate; 
and 
(B) the Committee on Armed Services, the 
Permanent Select Committee on Intelligence,
1790 
and the Committee on Financial Services, the 
Committee on Foreign Affairs, and the Com-
mittee on Appropriations of the House of Rep-
resentatives. 
SEC. 1710I. 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 Sec-
retary 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 fur-
ther use of the following mechanisms to combat IUU 
fishing: 
(A) Inclusion of counter-IUU fishing in ex-
isting 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.
1791 
(C) Inclusion of counter-IUU fishing in the 
mission of the Combined Maritime Forces. 
(D) Inclusion of counter-IUU fishing exer-
cises 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 Partner-
ship in other priority regions. 
(2) ELEMENT.—The report required by para-
graph (1) shall include a description of specific steps 
taken by the Secretary of the Navy with respect to 
each mechanism described in paragraph (1), includ-
ing 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 Sec-
1792 
retary of Commerce, to assess the available commer-
cial solutions for collecting, sharing, and dissemi-
nating among United States maritime services and 
partner countries maritime domain awareness infor-
mation relating to illegal maritime activities, includ-
ing IUU fishing. 
(2) ELEMENTS.—The assessment carried out 
pursuant to an agreement under paragraph (1) 
shall— 
(A) build on the ongoing Coast Guard as-
sessment related to autonomous vehicles; 
(B) consider appropriate commercially and 
academically available technological solutions; 
and 
(C) consider any limitation related to af-
fordability, 
exportability, 
maintenance, 
and 
sustainment requirements and any other factor 
that may constrain the suitability of such solu-
tions for use in a joint and combined environ-
ment, including the potential provision of such 
solutions to one or more partner countries. 
(3) SUBMITTAL TO CONGRESS.—Not later than 
1 year after entering into an agreement under para-
graph (1), the Secretary of the Navy shall submit to 
the Committee on Armed Services, the Committee
1793 
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 Transpor-
tation and Infrastructure, the Committee on Foreign 
Affairs, 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 FOR-
EIGN GOVERNMENTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Di-
rector of the Office of Naval Intelligence shall sub-
mit to the Committee on Armed Services, the Com-
mittee on Commerce, Science, and Transportation, 
and the Committee on Appropriations of the Senate 
and the Committee on Armed Services, the Com-
mittee on Natural Resources, the Committee on 
Transportation and Infrastructure, the Committee 
on Foreign Affairs, and the Committee on Appro-
priations of the House of Representatives a report 
on the use by governments of foreign countries of 
distant-water fishing fleets as extensions of the offi-
cial maritime security forces of such countries.
1794 
(2) ELEMENT.—The report required by para-
graph (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 coun-
tries 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 part-
ner countries; and 
(iii) the broader challenge to the inter-
ests 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.
1795 
SEC. 1710J. COMPTROLLER GENERAL REPORT ON DEPART-
MENT OF DEFENSE PROCESSES FOR RE-
SPONDING TO CONGRESSIONAL REPORTING 
REQUIREMENTS. 
(a) COMPTROLLER GENERAL ANALYSIS.—Not later 
than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit 
to the Committees on Armed Services of the Senate and 
House of Representatives a report containing an analysis 
of Department of Defense processes for responding to con-
gressional reporting requirements in the annual National 
Defense Authorization Acts, or the accompanying com-
mittee reports. 
(b) CRITERIA FOR EVALUATION.—The analysis re-
quired under subsection (a) shall include an evaluation of 
funding and changes to policies and business practices by 
the Department for improving the effectiveness, efficiency, 
and public transparency of the Department’s compliance 
with congressional reporting requirements. 
(c) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include each of the following: 
(1) A description of— 
(A) current laws, guidance, policies for De-
partment of Defense compliance with congres-
sional oversight reporting requirements; and
1796 
(B) recent direction from the congressional 
defense committees for the Department con-
cerning how it designs, modifies, tracks, deliv-
ers, and inventories completed reports. 
(2) A review and evaluation of the cost and ef-
fectiveness of— 
(A) the methods the Department of De-
fense uses to track and respond to reporting re-
quirements; and 
(B) the ways in which the Department of 
Defense ensures suitability of content and time-
liness. 
(3) An analysis of options for modernizing the 
preparation and delivery process for reports that in-
cludes— 
(A) the coordination of Department of De-
fense business practices and internal policies 
with legislative processes; and 
(B) a determination of the feasibility of 
maintaining a congressional tracking database 
that makes unclassified reports publicly avail-
able in a searchable online database that identi-
fies, for each report included in the database— 
(i) the deadline on which the required 
report was required to be submitted;
1797 
(ii) the date on which the report was 
received; 
(iii) the classification level of the com-
pleted report; 
(iv) the form in which the report was 
submitted; 
(v) the standard legislative citation 
and hyperlink to original legislative lan-
guage that required the report; 
(vi) the total cost associated with the 
report; 
(vii) a brief summary of the report; 
(viii) a unique identifier for the re-
port; and 
(ix) the subject and sub-subject codes 
associated with the report. 
SEC. 1710K. REPORT ON PREDATORY SOCIAL MEDIA AND 
THE MILITARY COMMUNITY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall submit to Congress a report on risks 
facing service members, military families, and separated 
veterans on social media. 
(b) CONTENTS.—The report required under sub-
section (a) shall include an analysis of the following:
1798 
(1) Content related to predatory loans or finan-
cial or educational products. 
(2) Content related unproven or unnecessary 
medical treatments or procedures. 
(3) Content related to ethnic or racial violent 
extremism. 
(4) The risks to readiness, morale, and national 
security posed by such content. 
(5) The ways in which social media algorithms 
may amplify such content. 
(6) The steps taken by social media companies 
and executive agencies to address the risks posed by 
the content described in paragraphs (1), (2), and 
(3). 
(c) FORM.—The report required under subsection (a) 
shall be submitted in an unclassified form but may include 
a classified annex. 
(d) EXECUTIVE AGENCY DEFINED.—In this section, 
the term ‘‘executive agency’’ means an executive depart-
ment or independent establishment in the executive branch 
of the Federal Government. 
SEC. 1710L. REPORT ON TRANSFORMING BUSINESS PROC-
ESSES FOR REVOLUTIONARY CHANGE. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary
1799 
of Defense shall submit to the congressional defense com-
mittees a report on the efforts of the Secretary to imple-
ment the recommendations set forth in the study con-
ducted by the Defense Business Board titled ‘‘Trans-
forming Department of Defense’s Core Business Processes 
for Revolutionary Change’’. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include— 
(1) a description of the actions carried out by 
the Secretary of Defense to implement the rec-
ommendations set forth in the study described in 
subsection (a); 
(2) identification of the specific recommenda-
tions, if any, that have been implemented by the 
Secretary; 
(3) the amount of any cost savings achieved as 
a result of implementing such recommendations; 
(4) identification of any recommendations that 
have not been implemented; and 
(5) alternative recommendations that may help 
the 
Department 
of 
Defense 
achieve 
$125,000,000,000 in cost savings over the period of 
5 fiscal years beginning after the year in which the 
report is submitted.
1800 
SEC. 1710M. REVIEW AND REPORT OF EXPERIMENTATION 
WITH TICKS AND INSECTS. 
(a) REVIEW.—The Comptroller General of the United 
States shall conduct a review of whether the Department 
of Defense experimented with ticks, other insects, airborne 
releases of tick-borne bacteria, viruses, pathogens, or any 
other tick-borne agents regarding use as a biological weap-
on between the years of 1950 and 1977. 
(b) REPORT.—If the Comptroller General of the 
United States finds that any experiment described under 
subsection (a) occurred, the Comptroller General shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report on— 
(1) the scope of such experiment; and 
(2) whether any ticks, insects, or other vector- 
borne agents used in such experiment were released 
outside of any laboratory by accident or experiment 
design. 
SEC. 1710N. REPORT ON AGILE PROGRAM AND PROJECT 
MANAGEMENT. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a publicly 
available report on agile program and project management
1801 
within the Department of Defense. The report shall in-
clude the following: 
(1) A review of all statutory provisions enabling 
the use of agile program and project management 
within the Department of Defense. 
(2) An evaluation of the implementation of stat-
utory provisions enabling the use of agile program 
and project management within the Department of 
Defense and Armed Forces. 
(3) An evaluation of the agile program and 
project methodologies used within the Department of 
Defense and Armed Forces. 
(4) An evaluation of the how agile program and 
project methodologies have enabled efforts to pre-
pare the Department of Defense and Armed Forces 
for the future of work. 
(5) An evaluation of the enterprise scalability of 
the agile program and project methodologies used 
within the Department of Defense and Armed 
Forces, including how well agile methods are inte-
grated into the enterprise when used at scale. 
(6) An analysis of the impediments to the fur-
ther adoption and enterprise scalability of agile pro-
gram and project management including statutory 
impediments, as well as existing policy, guidance,
1802 
and instruction of the Department of Defense and 
Armed Forces. 
(7) An analysis of the impact of further adop-
tion and enterprise scalability of agile program and 
project management on the future of work within 
the Department of Defense and Armed Forces. 
(8) Such other information as the Comptroller 
General determines appropriate. 
(b) INTERIM BRIEFING.—Not later than March 1, 
2021, the Comptroller General shall provide to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
a briefing on the topics to be covered by the report under 
subsection (a), including and preliminary data and any 
issues or concerns of the Comptroller General relating to 
the report. 
(c) ACCESS TO RELEVANT DATA.—For purposes of 
this section, the Secretary of Defense shall ensure that 
the Comptroller General has access to all relevant data. 
Subtitle B—Electronic Message 
Preservation 
SEC. 1711. SHORT TITLE. 
This subtitle may be cited as the ‘‘Electronic Message 
Preservation Act’’.
1803 
SEC. 1712. PRESERVATION OF ELECTRONIC MESSAGES AND 
OTHER RECORDS. 
(a) REQUIREMENT FOR PRESERVATION OF ELEC-
TRONIC MESSAGES.—Chapter 29 of title 44, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2912. Preservation of electronic messages and 
other records 
‘‘(a) REGULATIONS REQUIRED.—The Archivist shall 
promulgate regulations governing Federal agency preser-
vation of electronic messages that are determined to be 
records. Such regulations shall, at a minimum— 
‘‘(1) require the electronic capture, manage-
ment, and preservation of such electronic records in 
accordance with the records disposition requirements 
of chapter 33; 
‘‘(2) require that such electronic records are 
readily accessible for retrieval through electronic 
searches; and 
‘‘(3) include timelines for Federal agency imple-
mentation of the regulations that ensure compliance 
as expeditiously as practicable. 
‘‘(b) ENSURING COMPLIANCE.—The Archivist shall 
promulgate regulations that— 
‘‘(1) establish mandatory minimum functional 
requirements for electronic records management sys-
1804 
tems to ensure compliance with the requirements in 
paragraphs (1) and (2) of subsection (a); and 
‘‘(2) establish a process to ensure that the elec-
tronic records management system of each Federal 
agency meets the functional requirements estab-
lished under paragraph (1). 
‘‘(c) 
COVERAGE
OF
OTHER
ELECTRONIC 
RECORDS.—To the extent practicable, the regulations pro-
mulgated under subsections (a) and (b) shall also include 
requirements for the capture, management, and preserva-
tion of other electronic records. 
‘‘(d) COMPLIANCE BY FEDERAL AGENCIES.—Each 
Federal agency shall comply with the regulations promul-
gated under subsections (a) and (b). 
‘‘(e) REVIEW OF REGULATIONS REQUIRED.—The Ar-
chivist shall periodically review and, as necessary, amend 
the regulations promulgated under subsections (a) and 
(b).’’. 
(b) DEADLINE FOR REGULATIONS.— 
(1) PRESERVATION
OF
ELECTRONIC
MES-
SAGES.—Not later than 120 days after the date of 
the enactment of this Act, the Archivist shall pro-
mulgate the regulations required under section 
2912(a) of title 44, United States Code, as added by 
subsection (a).
1806 
section (a), and shall make the report publicly avail-
able on the website of the agency. 
(3) FEDERAL AGENCY DEFINED.—In this sub-
section, the term ‘‘Federal agency’’ has the meaning 
given that term in section 2901 of title 44, United 
States Code. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 29 of title 44, United States 
Code, is amended by adding after the item relating to sec-
tion 2911 the following new item: 
‘‘2912. Preservation of electronic messages and other records.’’. 
(e) DEFINITIONS.—Section 2901 of title 44, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(14); and 
(2) by striking paragraph (15) and inserting 
the following new paragraphs: 
‘‘(15) the term ‘electronic messages’ means 
electronic mail and other electronic messaging sys-
tems that are used for purposes of communicating 
between individuals; and 
‘‘(16) the term ‘electronic records management 
system’ means software designed to manage elec-
tronic records, including by— 
‘‘(A) categorizing and locating records;
1807 
‘‘(B) ensuring that records are retained as 
long as necessary; 
‘‘(C) identifying records that are due for 
disposition; and 
‘‘(D) ensuring the storage, retrieval, and 
disposition of records.’’. 
SEC. 1713. PRESIDENTIAL RECORDS. 
(a) ADDITIONAL REGULATIONS RELATING TO PRESI-
DENTIAL RECORDS.— 
(1) IN
GENERAL.—Section 2206 of title 44, 
United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) provisions for establishing standards nec-
essary for the economical and efficient management 
of electronic Presidential records during the Presi-
dent’s term of office, including— 
‘‘(A) records management controls nec-
essary for the capture, management, and pres-
ervation of electronic messages; 
‘‘(B) records management controls nec-
essary to ensure that electronic messages are
1808 
readily accessible for retrieval through elec-
tronic searches; and 
‘‘(C) a process to ensure the electronic 
records management system to be used by the 
President for the purposes of complying with 
the requirements in subparagraphs (A) and 
(B).’’. 
(2) DEFINITIONS.—Section 2201 of title 44, 
United States Code, is amended by adding at the 
end the following new paragraphs: 
‘‘(6) The term ‘electronic messages’ has the 
meaning given that term under section 2901(15). 
‘‘(7) The term ‘electronic records management 
system’ has the meaning given that term under sec-
tion 2901(16).’’. 
(b) CERTIFICATION OF PRESIDENT’S MANAGEMENT 
OF PRESIDENTIAL RECORDS.— 
(1) CERTIFICATION REQUIRED.—Chapter 22 of 
title 44, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 2210. Certification of the President’s management 
of Presidential records 
‘‘(a) ANNUAL CERTIFICATION.—The Archivist shall 
annually certify whether the electronic records manage-
1809 
ment controls established by the President meet require-
ments under sections 2203(a) and 2206(5). 
‘‘(b) REPORT TO CONGRESS.—The Archivist shall re-
port annually to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee 
on Oversight and Reform of the House of Representatives 
on the status of the certification.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 22 of title 44, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘2210. Certification of the President’s management of Presidential 
records.’’. 
(c) REPORT TO CONGRESS.—Section 2203(g) of title 
44, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(5) One year following the conclusion of a Presi-
dent’s term of office, or if a President serves consecutive 
terms 1 year following the conclusion of the last term, the 
Archivist shall submit to the Committee on Homeland Se-
curity and Governmental Affairs of the Senate and the 
Committee on Oversight and Reform of the House of Rep-
resentatives a report on— 
‘‘(A) the volume and format of electronic Presi-
dential records deposited into that President’s Presi-
dential archival depository; and
1810 
‘‘(B) whether the electronic records manage-
ment controls of that President met the require-
ments under sections 2203(a) and 2206(5).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of the 
enactment of this Act. 
Subtitle C—Space Technology Ad-
vancement Report (STAR) Act of 
2020 
SEC. 1721. SHORT TITLE. 
This subtitle may be cited as the ‘‘Space Technology 
Advancement Report (STAR) Act of 2020’’. 
SEC. 1722. FINDINGS. 
Congress finds the following: 
(1) As stated in the United States-China Eco-
nomic and Security Commission’s 2019 Report to 
Congress, the United States retains many advan-
tages over the People’s Republic of China (PRC) in 
space, including— 
(A) the organization and technical exper-
tise of its space program; 
(B) the capabilities of the National Aero-
nautics and Space Administration for human 
spaceflight and exploration; 
(C) its vibrant commercial space sector;
1811 
(D) its long history of space leadership; 
and 
(E) many international partnerships. 
(2) The PRC seeks to establish a leading posi-
tion in the economic and military use of outer space 
and views space as critical to its future security and 
economic interests. 
(3) The PRC’s national-level commitment to es-
tablishing itself as a global space leader harms 
United States interests and threatens to undermine 
many of the advantages the United States has 
worked so long to establish. 
(4) For over 60 years, the United States has 
led the world in space exploration and human space 
flight through a robust national program that en-
sures 
NASA 
develops 
and 
maintains 
critical 
spaceflight systems to enable this leadership, includ-
ing the Apollo program’s Saturn V rocket, the Space 
Shuttle, the International Space Station and the 
Space Launch System and Orion today. 
(5) The Defense Intelligence Agency noted in 
its 2019 ‘‘Challenges to U.S. Security in Space’’ re-
port that the PRC was developing a national super- 
heavy lift rocket comparable to NASA’s Space 
Launch System.
1812 
(6) The United States space program and com-
mercial space sector risks being hollowed out by the 
PRC’s plans to attain leadership in key technologies. 
(7) It is in the economic and security interest 
of the United States to remain the global leader in 
space power. 
(8) A recent report by the Air Force Research 
Laboratory and the Defense Innovation Unit found 
that China’s strategy to bolster its domestic space 
industry includes a global program of theft and 
other misappropriation of intellectual property, di-
rect integration of state-owned entities and their 
technology with commercial start-ups, the use of 
front companies to invest in United States space 
companies, vertical control of supply chains, and 
predatory pricing. 
(9) The United States Congress passed the 
Wolf Amendment as part of the Fiscal Year 2012 
Consolidated and Further Continuing Appropria-
tions Act (Public Law 112–55) and every year there-
after in response to the nefarious and offensive na-
ture of Chinese activities in the space industry. 
SEC. 1723. REPORT; STRATEGY. 
(a) REPORT.—
1813 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, and annually 
thereafter in fiscal years 2022 and 2023, the Na-
tional Space Council shall submit to the appropriate 
congressional committees an interagency assessment 
of the ability of the United States to compete with 
foreign space programs and in the emerging com-
mercial space economy. 
(2) CONTENT OF REPORT.—The report shall in-
clude information on the following: 
(A) An assessment of the human explo-
ration and spaceflight capabilities of the na-
tional space program of the United States rel-
ative to national programs of the PRC. 
(B) An assessment of— 
(i) the viability of extraction of space- 
based precious minerals, onsite exploitation 
of space-based natural resources, and utili-
zation of space-based solar power; 
(ii) the programs of the United States 
and the PRC that are related to the issues 
described in clause (i); and 
(iii) any potential terrestrial or space 
environmental impacts of space-based solar 
power.
1814 
(C) An assessment of United States stra-
tegic interests in or related to cislunar space. 
(D) A comparative assessment of future 
United States space launch capabilities and 
those of the PRC. 
(E) The extent of foreign investment in the 
commercial space sector of the United States, 
especially in venture capital and other private 
equity investments that seek to work with the 
Federal Government. 
(F) The steps by which the National Aero-
nautics and Space Administration, the Depart-
ment of Defense, and other United States Fed-
eral agencies conduct the necessary due dili-
gence and security reviews prior to investing in 
private space entities that may have received 
funding from foreign investment. 
(G) Current steps that the United States 
is taking to identify and help mitigate threats 
to domestic space industry from influence of the 
PRC. 
(H) An assessment of the current ability, 
role, costs, and authorities of the Department 
of Defense to mitigate the threats of commer-
cial communications and navigation in space
1815 
from the PRC’s growing counterspace capabili-
ties, and any actions required to improve this 
capability. 
(I) An assessment of how the PRC’s activi-
ties are impacting United States national secu-
rity, including— 
(i) theft by the PRC of United States 
intellectual property through technology 
transfer requirements or otherwise; and 
(ii) efforts of the PRC to seize control 
of critical elements of the United States 
space industry supply chain and United 
States space industry companies or sister 
companies with shared leadership; and gov-
ernment cybersecurity capabilities. 
(J) An assessment of efforts of the PRC to 
pursue cooperative agreements with other na-
tions to advance space development. 
(K) Recommendations to Congress, includ-
ing recommendations with respect to— 
(i) any legislative proposals to address 
threats by the PRC to the United States 
national space programs as well as domes-
tic commercial launch and satellite indus-
tries; and
1816 
(ii) how the United States Govern-
ment can best utilize existing Federal enti-
ties to investigate and prevent potentially 
harmful investment by the PRC in the 
United States commercial space industry. 
(3) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(b) STRATEGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the submission of the report required in subsection 
(a), the President, in consultation with the National 
Space Council, shall develop and submit to the ap-
propriate congressional committees a strategy to en-
sure the United States can— 
(A) compete with other national space pro-
grams; 
(B) maintain leadership in the emerging 
commercial space economy; 
(C) identify market, regulatory, and other 
means to address unfair competition from the 
PRC based on the findings of in the report re-
quired in subsection (a);
1817 
(D) leverage commercial space capabilities 
to ensure United States national security and 
the security of United States interests in space; 
(E) protect United States supply chains 
and manufacturing critical to competitiveness in 
space; and 
(F) coordinate with international allies and 
partners in space. 
(3) FORM.—The strategy required under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES OF CONGRESS.—The term ‘‘appropriate con-
gressional committees’’ means— 
(A) the Committee on Armed services, the 
Committee on Foreign Relations, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Com-
mittee on Science, Space, and Technology of 
the House of Representatives.
1818 
(2) PRC.—The term ‘‘PRC’’ means the ‘‘Peo-
ple’s Republic of China’’. 
Subtitle D—AMBER Alert 
Nationwide 
SEC. 1731. COOPERATION WITH DEPARTMENT OF HOME-
LAND SECURITY. 
Subtitle A of title III of the PROTECT Act (34 
U.S.C. 20501 et seq.) is amended— 
(1) in section 301— 
(A) in subsection (b)— 
(i) in paragraph (1), by inserting 
‘‘(including airports, maritime ports, bor-
der crossing areas and checkpoints, and 
ports of exit from the United States)’’ 
after ‘‘gaps in areas of interstate travel’’; 
and 
(ii) in paragraphs (2) and (3), by in-
serting ‘‘, territories of the United States, 
and tribal governments’’ after ‘‘States’’; 
and 
(B) in subsection (d), by inserting ‘‘, the 
Secretary of Homeland Security,’’ after ‘‘Sec-
retary of Transportation’’; and 
(2) in section 302—
1819 
(A) in subsection (b), in paragraphs (2), 
(3), and (4) by inserting ‘‘, territorial, tribal,’’ 
after ‘‘State’’; and 
(B) in subsection (c)— 
(i) in paragraph (1), by inserting ‘‘, 
the Secretary of Homeland Security,’’ after 
‘‘Secretary of Transportation’’; and 
(ii) in paragraph (2), by inserting ‘‘, 
territorial, tribal,’’ after ‘‘State’’. 
SEC. 1732. AMBER ALERTS ALONG MAJOR TRANSPOR-
TATION ROUTES. 
(a) IN GENERAL.—Section 303 of the PROTECT 
Act (34 U.S.C. 20503) is amended— 
(1) in the section heading, by inserting ‘‘AND 
MAJOR
TRANSPORTATION
ROUTES’’ 
after 
‘‘ALONG HIGHWAYS’’; 
(2) in subsection (a)— 
(A) by inserting ‘‘(referred to in this sec-
tion as the ‘Secretary’)’’ after ‘‘Secretary of 
Transportation’’; and 
(B) by inserting ‘‘and at airports, mari-
time ports, border crossing areas and check-
points, and ports of exit from the United 
States’’ after ‘‘along highways’’; 
(3) in subsection (b)—
1820 
(A) in paragraph (1)— 
(i) by striking ‘‘other motorist infor-
mation systems to notify motorists’’ and 
inserting ‘‘other information systems to no-
tify motorists, aircraft passengers, ship 
passengers, and travelers’’; and 
(ii) by inserting ‘‘, aircraft passengers, 
ship passengers, and travelers’’ after ‘‘nec-
essary to notify motorists’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘other motorist information systems to no-
tify motorists’’ and inserting ‘‘other infor-
mation systems to notify motorists, air-
craft passengers, ship passengers, and 
travelers’’; 
(ii) in subparagraph (D), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘support the notifica-
tion of motorists’’; 
(iii) in subparagraph (E), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘motorists’’, each 
place it appears;
1821 
(iv) in subparagraph (F), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘motorists’’; and 
(v) in subparagraph (G), by inserting 
‘‘, aircraft passengers, ship passengers, 
and travelers’’ after ‘‘motorists’’; 
(4) in subsection (c), by striking ‘‘other motor-
ist information systems to notify motorists’’, each 
place it appears, and inserting ‘‘other information 
systems to notify motorists, aircraft passengers, ship 
passengers, and travelers’’; 
(5) by amending subsection (d) to read as fol-
lows: 
‘‘(d) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of any ac-
tivities funded by a grant under this section may not 
exceed 80 percent. 
‘‘(2) WAIVER.—If the Secretary determines 
that American Samoa, Guam, the Northern Mariana 
Islands, Puerto Rico, or the Virgin Islands of the 
United States is unable to comply with the require-
ment under paragraph (1), the Secretary shall waive 
such requirement.’’; 
(6) in subsection (g)—
1822 
(A) by striking ‘‘In this section’’ and in-
serting ‘‘In this subtitle’’; and 
(B) by striking ‘‘or Puerto Rico’’ and in-
serting ‘‘American Samoa, Guam, Puerto Rico, 
the Northern Mariana Islands, the Virgin Is-
lands of the United States, and any other terri-
tory of the United States’’; and 
(7) in subsection (h), by striking ‘‘fiscal year 
2004’’ and inserting ‘‘each of fiscal years 2019 
through 2023’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the PROTECT 
Act (Public Law 108–21) is amended by striking the item 
relating to section 303 and inserting the following: 
‘‘Sec. 303. Grant program for notification and communications systems along 
highways and major transportation routes for recovery of ab-
ducted children.’’. 
SEC. 1733. AMBER ALERT COMMUNICATION PLANS IN THE 
TERRITORIES. 
Section 304 of the PROTECT Act (34 U.S.C. 20504) 
is amended— 
(1) in subsection (b)(4), by inserting ‘‘a terri-
torial government or’’ after ‘‘with’’; 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) FEDERAL SHARE.—
1823 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of any ac-
tivities funded by a grant under this section may not 
exceed 50 percent. 
‘‘(2) WAIVER.—If the Attorney General deter-
mines that American Samoa, Guam, the Northern 
Mariana Islands, Puerto Rico, the Virgin Islands of 
the United States, or an Indian tribe is unable to 
comply with the requirement under paragraph (1), 
the Attorney General shall waive such require-
ment.’’; and 
(3) in subsection (d), by inserting ‘‘, including 
territories of the United States’’ before the period at 
the end. 
SEC. 1734. GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT. 
(a) IN GENERAL.—Not later than 5 years after the 
date of the enactment of this Act, the Comptroller General 
shall conduct a study assessing— 
(1) the implementation of the amendments 
made by this Act; 
(2) any challenges related to integrating the 
territories of the United States into the AMBER 
Alert system;
1824 
(3) the readiness, educational, technological, 
and training needs of territorial law enforcement 
agencies in responding to cases involving missing, 
abducted, or exploited children; and 
(4) any other related matters the Attorney Gen-
eral or the Secretary of Transportation determines 
appropriate. 
(b) REPORT REQUIRED.—The Comptroller General 
shall submit a report on the findings of the study required 
under subsection (a) to— 
(1) the Committee on the Judiciary and the 
Committee on Environment and Public Works of the 
Senate; 
(2) the Committee on the Judiciary and the 
Committee on Transportation and Infrastructure of 
the House of Representatives; and 
(3) each of the delegates or resident commis-
sioner to the House of Representatives from Amer-
ican Samoa, Guam, the Northern Mariana Islands, 
Puerto Rico, and the Virgin Islands of the United 
States. 
(c) PUBLIC AVAILABILITY.—The Comptroller Gen-
eral shall make the report required under subsection (b) 
available on a public Government website. 
(d) OBTAINING OFFICIAL DATA.—
1825 
(1) IN
GENERAL.—The Comptroller General 
may secure information necessary to conduct the 
study under subsection (a) directly from any Federal 
agency and from any territorial government receiv-
ing grant funding under the PROTECT Act. Upon 
request of the Comptroller General, the head of a 
Federal agency or territorial government shall fur-
nish the requested information to the Comptroller 
General. 
(2) AGENCY RECORDS.—Notwithstanding para-
graph (1), nothing in this subsection shall require a 
Federal agency or any territorial government to 
produce records subject to a common law evidentiary 
privilege. Records and information shared with the 
Comptroller General shall continue to be subject to 
withholding under sections 552 and 552a of title 5, 
United States Code. The Comptroller General is ob-
ligated to give the information the same level of con-
fidentiality and protection required of the Federal 
agency or territorial government. The Comptroller 
General may be requested to sign a nondisclosure or 
other agreement as a condition of gaining access to 
sensitive or proprietary data to which the Comp-
troller General is entitled.
1826 
(3) PRIVACY
OF
PERSONAL
INFORMATION.— 
The Comptroller General, and any Federal agency 
and any territorial government that provides infor-
mation to the Comptroller General, shall take such 
actions as are necessary to ensure the protection of 
the personal information of a minor. 
Subtitle E—Other Matters 
SEC. 1741. TECHNICAL, CONFORMING, AND CLERICAL 
AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) Section 127e(g) is amended by striking 
‘‘Low-Intensity’’ and inserting ‘‘Low Intensity’’. 
(2) Section 142 is amended— 
(A) by striking subsection (d); and 
(B) by redesignating the second subsection 
(c) as subsection (d). 
(3) Section 192(c) is amended by striking the 
first paragraph (1). 
(4) Section 231 is amended— 
(A) in subsection (a)(1), by striking ‘‘and’’ 
after the colon; 
(B) by striking ‘‘quadrennial defense re-
view’’ each place it appears and inserting ‘‘na-
tional defense strategy’’; and
1827 
(C) in subsection (f)(3), by striking ‘‘sec-
tion 118’’ and inserting ‘‘section 113(g)’’. 
(5) Section 1073c(a) is amended by redesig-
nating the second paragraph (6) as paragraph (7). 
(6) Section 1044e is amended by striking ‘‘sub-
section (h)’’ each place it appears and inserting 
‘‘subsection (i)’’. 
(7) The table of sections at the beginning of 
chapter 58 is amended by striking the item relating 
to section 1142 and inserting the following: 
‘‘1142. Preseparation counseling; transmittal of certain records to Department 
of Veterans Affairs.’’. 
(8) Section 1564(c)(2) is amended in the mat-
ter preceding subparagraph (A) by striking ‘‘in’’ and 
inserting ‘‘is’’. 
(9) The table of sections at the beginning of 
chapter 113 is amended by striking ‘‘Sec.’’ each 
place it appears, except for the first ‘‘Sec.’’ pre-
ceding the item relating to section 2200g. 
(10) The table of sections at the beginning of 
chapter 135 is amended by striking the item relating 
to section 2279c. 
(11) The table of sections at the beginning of 
chapter 142 is amended by striking the item relating 
to section 2417 and inserting the following: 
‘‘2417. Administrative and other costs.’’.
1828 
(12) The table of sections at the beginning of 
chapter 152 is amended by striking the item relating 
to section 2568a and inserting the following: 
‘‘2568a. Damaged personal protective equipment: award to members separating 
from the Armed Forces and veterans.’’. 
(13) Section 2417(2) is amended by striking 
‘‘entities -’’ and inserting ‘‘entities—’’. 
(14) Section 2641b(a)(3)(B) is amended by 
striking ‘‘subsection (c)(5)’’ and inserting ‘‘sub-
section (c)(6)’’. 
(15) Section 2804(b) is amended in the third 
sentence by striking ‘‘; and’’. 
(16) Section 2890(e)(2) is amended by insert-
ing ‘‘a’’ before ‘‘landlord’’ in the matter preceding 
subparagraph (A). 
(17) Section 2891(e)(1) is amended— 
(A) by inserting ‘‘unit’’ after ‘‘housing’’ 
the third place it appears; and 
(B) in subparagraph (B), by inserting 
‘‘the’’ before ‘‘tenant’’. 
(18) Section 2891a is amended— 
(A) in subsection (b), by adding a period 
at the end of paragraph (2); and 
(B) in subsection (e)(2)(B), by striking 
‘‘the’’ before ‘‘any basic’’.
1829 
(19) Section 2894(c)(3) is amended by insert-
ing ‘‘, the office’’ after ‘‘installation housing man-
agement office’’. 
(b) TITLE 38, UNITED STATES CODE.—Section 
1967(a)(3)(D) of title 38, United States Code, is amended 
in the matter preceding clause (i) by inserting a comma 
after ‘‘theater of operations’’. 
(c) NDAA FOR FISCAL YEAR 2019.—Effective as of 
August 13, 2018, and as if included therein as enacted, 
the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115–232) is amended 
as follows: 
(1) Section 226(b)(3)(C) (132 Stat. 1686) is 
amended by striking ‘‘commercial-off the-shelf’’ and 
inserting ‘‘commercially available off-the-shelf items 
(as defined in section 104 of title 41, United States 
Code) that may serve as’’. 
(2) Section 809(b)(3) (132 Stat. 1840) is 
amended by striking ‘‘Section 598(d)(4) of the Na-
tional Defense Authorization Act of for Fiscal Year 
2010 (Public Law 111–84; 10 U.S.C. 1561 note)’’ 
and inserting ‘‘Section 563(d)(4) of the Duncan 
Hunter National Defense Authorization Act for Fis-
cal Year 2009 (Public Law 110–417; 10 U.S.C. 
1561 note)’’.
1830 
(3) Section 836(a)(2)(B) (132 Stat. 1860) is 
amended by inserting ‘‘of such title’’ after ‘‘Section 
104(1)(A)’’. 
(4) Section 836(c)(8) is amended by striking 
subparagraphs (A) and (B) and inserting the fol-
lowing new subparagraphs: 
‘‘(A) by striking ‘commercial items’ and in-
serting ‘commercial products’; and 
‘‘(B) by striking ‘the item’ both places it 
appears and inserting ‘commercial product’.’’. 
(5) Section 889(f) (132 Stat. 1918) is amended 
by striking ‘‘appropriate congressional committees’ ’’ 
and inserting ‘‘appropriate congressional commit-
tees’’. 
(6) Section 1286(e)(2)(D) (10 U.S.C. 2358 
note; 132 Stat. 2080) is amended by striking ‘‘im-
prove’’ and inserting ‘‘improved’’. 
(7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 
2218) is amended by inserting ‘‘to persons’’ before 
‘‘who are potential’’. 
(8) Section 1759(a)(2) (50 U.S.C. 4818; 132 
Stat. 2223) is amended by striking the semicolon at 
the end and inserting a period.
1831 
(9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 
2231) is amended by striking ‘‘December 5, 1991’’ 
and inserting ‘‘December 5, 1995’’. 
(10) Section 1773(b)(1) (50 U.S.C. 4842; 132 
Stat. 2235) is amended by striking ‘‘section 
1752(1)(D)’’ and inserting ‘‘section 1752(2)(D)’’. 
(11) Section 1774(a) (50 U.S.C. 4843; 132 
Stat. 2237) is amended in the matter preceding 
paragraph (1) by inserting ‘‘under’’ before ‘‘section 
1773’’. 
(12) Section 2827(b)(1) (132 Stat. 2270) is 
amended by inserting ‘‘in the matter preceding the 
paragraphs’’ after ‘‘amended’’. 
(d) NDAA FOR FISCAL YEAR 2016.—Effective as of 
December 23, 2016, and as if included therein as enacted, 
section 856(a)(1) the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 
2377 note) is amended by inserting ‘‘United States Code,’’ 
after ‘‘title 41,’’. 
(e) COORDINATION
WITH
OTHER
AMENDMENTS 
MADE BY THIS ACT.—For purposes of applying amend-
ments made by provisions of this Act other than this sec-
tion, the amendments made by this section shall be treated 
as having been enacted immediately before any such 
amendments by other provisions of this Act.
1832 
SEC. 1742. ADDITION OF CHIEF OF THE NATIONAL GUARD 
BUREAU TO THE LIST OF OFFICERS PRO-
VIDING REPORTS OF UNFUNDED PRIORITIES. 
Section 222a(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) The Chief of the National Guard Bu-
reau.’’. 
SEC. 1743. ACCEPTANCE OF PROPERTY BY MILITARY ACAD-
EMIES AND MUSEUMS. 
(a) ACCEPTANCE OF PROPERTY.—Section 2601 of 
title 10, United States Code, is amended— 
(1) in subsection (a)(2), by inserting after sub-
paragraph (B) the following new subparagraph: 
‘‘(C) The Secretary concerned may display, at a mili-
tary museum, recognition for an individual or organization 
that contributes money to a nonprofit entity described in 
subparagraph (A), or an individual or organization that 
contributes a gift directly to the armed force concerned 
for the benefit of a military museum, whether or not the 
contribution is subject to the condition that recognition 
be provided. The Secretary of Defense shall prescribe uni-
form regulations governing the circumstances under which
1833 
contributor recognition may be provided, appropriate 
forms of recognition, and suitable display standards.’’; and 
(2) in subsection (e)(1)— 
(A) by inserting ‘‘or personal’’ after ‘‘real’’ 
both places it appears; and 
(B) by striking ‘‘or the Coast Guard Acad-
emy’’ and inserting ‘‘the Coast Guard Academy, 
the National Defense University, the Defense 
Acquisition University, the Air University, the 
Army War College, the Army Command and 
General Staff College, the Naval War College, 
the Naval Postgraduate School, or the Marine 
Corps University’’. 
(b) LEASE OF NON-EXCESS PROPERTY TO MILITARY 
MUSEUMS.— 
(1) IN
GENERAL.—Section 2667 of title 10, 
United States Code, is amended— 
(A) in subsection (b)— 
(i) in paragraph (7), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (8), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing new paragraph:
1834 
‘‘(9) in the case of a lease of a museum facility 
to a museum foundation, may provide for use in 
generating revenue for activities of the museum fa-
cility and for such administrative purposes as may 
be necessary to support the facility.’’; 
(B) in subsection (i), by adding at the end 
the following new paragraph: 
‘‘(6) The term ‘museum foundation’ means any 
entity— 
‘‘(A) qualifying as an exempt organization 
under section 501(c)(3) of the Internal Revenue 
Code of 1986; and 
‘‘(B) incorporated for the primary purpose 
of supporting a Department of Defense mu-
seum.’’; and 
(C) in subsection (k)— 
(i) in the subsection heading, by in-
serting ‘‘AND MUSEUMS’’ after ‘‘LEASES 
FOR EDUCATION’’; and 
(ii) by inserting ‘‘or to a museum 
foundation’’ before the period at the end. 
(2) REPEALS.— 
(A) LEASE
OR
LICENSE
OF
UNITED 
STATES NAVY MUSEUM FACILITIES AT WASH-
INGTON NAVY YARD, DISTRICT OF COLUMBIA.—
1835 
The National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163) is 
amended by striking section 2852. 
(B) LEASE OF FACILITY TO MARINE CORPS 
HERITAGE FOUNDATION.—Section 2884 of the 
Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (Public Law 
106–398; 114 Stat. 1654A–440) is amended by 
striking subsection (e). 
SEC. 1744. REAUTHORIZATION OF NATIONAL OCEANO-
GRAPHIC PARTNERSHIP PROGRAM. 
(a) NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO-
GRAM.—Section 8931 of title 10, United States Code, is 
amended to read as follows: 
‘‘SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary of the Navy 
shall establish a program to be known as the ‘National 
Oceanographic Partnership Program’. 
‘‘(b) PURPOSES.—The purposes of the program are 
as follows: 
‘‘(1) To promote the national goals of assuring 
national security, advancing economic development, 
protecting quality of life, ensuring environmental 
stewardship, and strengthening science education
1836 
and communication through improved knowledge of 
the ocean. 
‘‘(2) To coordinate and strengthen oceano-
graphic efforts in support of those goals by— 
‘‘(A) creating and carrying out partner-
ships among Federal agencies, academia, indus-
try, and other members of the oceanographic 
community in the areas of science, data, re-
sources, education, and communication; and 
‘‘(B) accepting, planning, and executing 
oceanographic research projects funded by 
grants, contracts, cooperative agreements, or 
other vehicles as appropriate, that contribute to 
assuring national security, advancing economic 
development, protecting quality of life, ensuring 
environmental stewardship, and strengthening 
science education and communication through 
improved knowledge of the ocean.’’. 
(b) OCEAN POLICY COMMITTEE.— 
(1) IN GENERAL.—Section 8932 of such title is 
amended to read as follows: 
‘‘§ 8932. Ocean Policy Committee 
‘‘(a) COMMITTEE.—There is established an Ocean 
Policy Committee (hereinafter referred to as the ‘Com-
mittee’). The Committee shall retain the membership, co-
1837 
chairs, and subcommittees outlined in Executive Order 
No. 13840. 
‘‘(b) RESPONSIBILITIES.—The Committee shall con-
tinue the activities of that Committee as it was in exist-
ence on the day before the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2021. 
In discharging its responsibilities and to assist in the exe-
cution of the activities delineated in this subsection, the 
Committee may delegate to a subcommittee, as appro-
priate. The Committee shall— 
‘‘(1) prescribe policies and procedures to imple-
ment the National Oceanographic Partnership Pro-
gram; 
‘‘(2) engage and collaborate, pursuant to exist-
ing laws and regulations, with stakeholders, includ-
ing regional ocean partnerships, to address ocean-re-
lated matters that may require interagency or inter-
governmental solutions; 
‘‘(3) facilitate coordination and integration of 
Federal activities in ocean and coastal waters to in-
form ocean policy and identify priority ocean re-
search, technology, and data needs; and 
‘‘(4) review, select, and identify partnership 
projects for implementation under the program, 
based on—
1838 
‘‘(A) whether the project addresses impor-
tant research objectives or operational goals; 
‘‘(B) whether the project has, or is de-
signed to have, appropriate participation within 
the oceanographic community of public, aca-
demic, commercial, private participation or sup-
port; 
‘‘(C) whether the partners have a long- 
term commitment to the objectives of the 
project; 
‘‘(D) whether the resources supporting the 
project are shared among the partners; and 
‘‘(E) whether the project has been sub-
jected to adequate review according to each of 
the supporting agencies. 
‘‘(c) ANNUAL REPORT AND BRIEFING.—(1) Not later 
than March 1 of each year, the Committee shall post a 
report on the National Oceanographic Partnership Pro-
gram on a publicly available website and brief— 
‘‘(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
‘‘(B) the Committee on Armed Services of the 
Senate; 
‘‘(C) the Committee on Natural Resources of 
the House of Representatives;
1839 
‘‘(D) the Committee on Science, Space, and 
Technology of the House of Representatives; and 
‘‘(E) the Committee on Armed Services of the 
House of Representatives. 
‘‘(2) The report and all briefing materials shall be 
posted to a publicly available website not later than 30 
days after the briefing. 
‘‘(3) The report and briefing shall include the fol-
lowing: 
‘‘(A) A description of activities of the program 
carried out during the prior fiscal year. 
‘‘(B) A general outline of the activities planned 
for the program during the current fiscal year. 
‘‘(C) A summary of projects, partnerships, and 
collaborations, including the Federal and non-Fed-
eral sources of funding, continued from the prior fis-
cal year and projects expected to begin during the 
current and subsequent fiscal years, as required in 
the program office report outlined in section 
8932(f)(2)(C) of this title. 
‘‘(D) The amounts requested in the budget sub-
mitted to Congress pursuant to section 1105(a) of 
title 31 for the subsequent fiscal year, for the pro-
grams, projects, activities and the estimated expend-
itures under such programs, projects, and activities,
1840 
to execute the National Oceanographic Partnership 
Program. 
‘‘(E) A summary of national ocean research pri-
orities informed by the Ocean Research Advisory 
Panel required in section 8933(b)(4) of this title. 
‘‘(F) A list of the members of the Ocean Re-
search Advisory Panel described in section 8933(a) 
of this title and any working groups described in 
section 8932(f)(2)(A) of this title in existence during 
the fiscal years covered. 
‘‘(d) NATIONAL
OCEANOGRAPHIC
PARTNERSHIP 
FUND.—(1) There is established in the Treasury a sepa-
rate account to be known as the National Oceanographic 
Partnership Program Fund to be jointly managed by the 
Secretary of the Navy, the Administrator of the National 
Oceanic and Atmospheric Administration, and any other 
Federal agency that contributes amounts to the Fund. 
‘‘(2) Amounts in the Fund shall be available to the 
National Oceanic Partnership Program without further 
appropriation to remain available for up to 5 years from 
the date contributed or until expended for the purpose of 
carrying out this section. 
‘‘(3) There is authorized to be credited to the Fund 
the following:
1841 
‘‘(A) Such amounts as determined appropriate 
to be transferred to the Fund by the head of a Fed-
eral agency or entity participating in the National 
Oceanographic Partnership Program. 
‘‘(B) Funds provided by a State, local govern-
ment, tribal government, territory, or possession, or 
any subdivisions thereof. 
‘‘(C) Funds contributed by— 
‘‘(i) a non-profit organization, individual, 
or Congressionally-established foundation; and 
‘‘(ii) by private grants, contracts, and do-
nations. 
‘‘(4) For the purpose of carrying out this section, as 
directed by the Committee, departments or agencies rep-
resented on the Committee may enter into contracts, make 
grants, including transactions authorized by paragraph 
(5), and may transfer funds available to the National 
Oceanographic Partnership Program under paragraph (3) 
to participating departments and agencies for such pur-
poses. 
‘‘(5) The Committee or any participating Federal 
agency or entity may enter into an agreement to use, with 
or without reimbursement, the land, services, equipment, 
personnel, and facilities of any department, agency, or in-
strumentality of the United States, or of any State, local
1842 
government, Indian tribal government, Territory, District 
of Columbia, or possession, or of any political subdivision 
thereof, or of any foreign government or international or-
ganization or individual, for the purpose of carrying out 
this section. 
‘‘(e) ESTABLISHMENT AND FORMS OF PARTNERSHIP 
PROJECTS.—A partnership project under the National 
Oceanographic Partnership Program— 
‘‘(1) may be established by any instrument that 
the Committee considers appropriate; and 
‘‘(2) may include demonstration projects. 
‘‘(f) PARTNERSHIP PROGRAM OFFICE.—(1) The Sec-
retary of the Navy and Administrator of the National Oce-
anic and Atmospheric Administration shall jointly estab-
lish a partnership program office for the National Oceano-
graphic Partnership Program. Competitive procedures will 
be used to select an external operator for the partnership 
program office. 
‘‘(2) The Committee will monitor the performance of 
the duties of the partnership program office, which shall 
consist of the following: 
‘‘(A) To support working groups established by 
the Committee or subcommittee and report working 
group activities to the Committee, including working 
group proposals for partnership projects.
1843 
‘‘(B) To support the process for proposing part-
nership projects to the Committee, including, where 
appropriate, managing review of such projects. 
‘‘(C) To submit to the Committee and make 
publicly available an annual report on the status of 
all partnership projects, including the Federal and 
non-Federal sources of funding for each project, and 
activities of the office. 
‘‘(D) To perform any additional duties for the 
administration of the National Oceanographic Part-
nership Program that the Committee considers ap-
propriate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 893 of title 10, 
United States Code, is amended by striking the item 
relating to section 8932 and inserting the following 
new item: 
‘‘8932. Ocean Policy Committee.’’. 
(c) OCEAN RESEARCH ADVISORY PANEL.—Section 
8933 of such title is amended to read as follows: 
‘‘§ 8933. Ocean Research Advisory Panel 
‘‘(a) ESTABLISHMENT.—(1) The Committee shall es-
tablish an Ocean Research Advisory Panel consisting of 
not less than 10 and not more than 18 members appointed 
by the Co-chairs, including the following:
1844 
‘‘(A) Three members who will represent the Na-
tional Academies of Sciences, Engineering, and Med-
icine. 
‘‘(B) Members selected from among individuals 
who will represent the views of ocean industries, 
State, tribal, territorial or local governments, aca-
demia, and such other views as the Co-chairs con-
sider appropriate. 
‘‘(C) Members selected from among individuals 
eminent in the fields of marine science, marine tech-
nology, and marine policy, or related fields. 
‘‘(2) The Committee shall ensure that an appropriate 
balance of academic, scientific, industry, and geographical 
interests and gender and racial diversity are represented 
by the members of the Advisory Panel. 
‘‘(b) RESPONSIBILITIES.—The Committee shall as-
sign the following responsibilities to the Advisory Panel: 
‘‘(1) To advise the Committee on policies and 
procedures to implement the National Oceano-
graphic Partnership Program. 
‘‘(2) To advise the Committee on matters relat-
ing to national oceanographic science, engineering, 
facilities, or resource requirements.
1845 
‘‘(3) To advise the Committee on improving di-
versity, equity, and inclusion in the ocean sciences 
and related fields. 
‘‘(4) To advise the Committee on national ocean 
research priorities. 
‘‘(5) Any additional responsibilities that the 
Committee considers appropriate. 
‘‘(6) To meet no fewer than two times a year. 
‘‘(c) ADMINISTRATIVE AND TECHNICAL SUPPORT.— 
The Administrator of the National Oceanic and Atmos-
pheric Administration shall provide such administrative 
and technical support as the Ocean Research Advisory 
Panel may require. 
‘‘(d) FEDERAL ADVISORY COMMITTEE ACT.—Section 
14 of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Ocean Research Advisory 
Panel appointed under section 8933.’’. 
SEC. 1745. REQUIREMENTS RELATING TO PROGRAM AND 
PROJECT MANAGEMENT. 
(a) STANDARDS FOR PROGRAM AND PROJECT MAN-
AGEMENT.—Section 503(c)(1)(D) of title 31, United 
States Code, is amended by striking ‘‘consistent with wide-
ly accepted standards’’ and inserting ‘‘in accordance with 
standards accredited by the American National Standards 
Institute’’.
1846 
(b) PROGRAM MANAGEMENT IMPROVEMENT OFFI-
CERS AND PROGRAM MANAGEMENT POLICY COUNCIL.— 
Section 1126 of title 31, United States Code, is amend-
ed— 
(1) in subsection (a)(1), by inserting after ‘‘sen-
ior executive of the agency’’ the following: ‘‘, who 
has significant program and project management 
oversight responsibilities,’’; and 
(2) in subsection (b)(4) by striking ‘‘twice’’ and 
inserting ‘‘four times’’. 
SEC. 1746. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN 
COMMAND AND CONTROL CONCEPT. 
(a) IN GENERAL.—During the period beginning on 
October 1, 2020, and ending on October 1, 2022, the Di-
rector of the Joint All Domain Command and Control (in 
this section referred to as ‘‘JADC2’’) Cross Functional 
Team (in this section referred to as ‘‘CFT’’), in consulta-
tion with the Vice Chairman of the Joint Chiefs of Staff 
and Chief Information Officer of the Department of De-
fense, shall provide to the Committee on Armed Services 
of the House of Representatives quarterly briefings on the 
progress of the Department’s Joint All Domain Command 
and Control concept.
1847 
(b) ELEMENTS.—Each briefing under subsection (a) 
shall include, with respect to the JADC2 concept, the fol-
lowing elements: 
(1) The status of the joint concept of command 
and control. 
(2) How the JADC2 CFT is identifying gaps 
and addressing validated requirements based on the 
joint concept of command and control. 
(3) Progress in developing specific plans to 
evaluate and implement materiel and non-materiel 
improvements to command and control capabilities. 
(4) Clarification on distribution of responsibil-
ities and authorities within the CFT and the Office 
of the Secretary of Defense with respect to JADC2, 
and how the CFT and the Office of the Secretary 
of Defense are synchronizing and aligning with joint 
and military concepts, solutions, experimentation, 
and exercises. 
(5) The status of and review of any rec-
ommendations for resource allocation necessary to 
achieve operational JADC2. 
(6) A sufficiency assessment of planned funding 
across the future years defense program for the de-
velopment of JADC2 capabilities.
1848 
SEC. 1747. RESOURCES TO IMPLEMENT A DEPARTMENT OF 
DEFENSE POLICY ON CIVILIAN CASUALTIES 
IN CONNECTION WITH UNITED STATES MILI-
TARY OPERATIONS. 
(a) RESOURCES TO IMPLEMENT DEPARTMENT OF 
DEFENSE POLICY ON CIVILIAN CASUALTIES IN CONNEC-
TION WITH UNITED STATES MILITARY OPERATIONS.— 
(1) PURPOSE.—The purpose of this section is 
to facilitate fulfillment of the requirements in section 
936 of the John S. McCain National Defense Au-
thorization Act for Fiscal Year 2019 (10 U.S.C. 134 
note). 
(2) PERSONNEL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall do the following: 
(A) Add to, and assign within, each of the 
United States Central Command, the United 
States Africa Command, the United States Spe-
cial Operations Command, the United States 
European Command, the United States South-
ern Command, the United States Indo-Pacific 
Command, and the United States Northern 
Command not fewer than two personnel who 
shall have primary responsibility for the fol-
lowing in connection with military operations 
undertaken by such command:
1849 
(i) Providing guidance and oversight 
relating to prevention of and response to 
civilian casualties, promotion of observance 
of human rights, and the protection of ci-
vilians and civilian infrastructure. 
(ii) Overseeing civilian casualty re-
sponse functions on behalf of the com-
mander of such command. 
(iii) Receiving reports of civilian cas-
ualties and conduct of civilian casualty as-
sessments. 
(iv) Analyzing civilian casualty inci-
dents and trends. 
(v) Offering condolences for casual-
ties, including ex gratia payments. 
(vi) Ensuring the integration of activi-
ties relating to civilian casualty mitigation, 
protection of civilians, and promotion of 
observance of human rights in security co-
operation activities. 
(vii) 
Consulting 
with 
non-govern-
mental organizations on civilian casualty 
and human rights matters. 
(B) Add to, and assign within, the Office 
of the Under Secretary for Policy not fewer
1850 
than two personnel who shall have primary re-
sponsibility for implementing and overseeing 
implementation by the components of the De-
partment of Defense of Department policy on 
civilian casualties resulting from United States 
military operations. 
(C) Add to, and assign within, the Joint 
Staff not fewer than two personnel who shall 
have primary responsibility for the following: 
(i) Overseeing implementation by the 
components of the Department of Defense 
of Department policy on civilian casualties 
resulting from United States military oper-
ations. 
(ii) Developing and sharing in the im-
plementation of such policy. 
(iii) Communicating operational guid-
ance on such policy. 
(3) TRAINING, SOFTWARE, AND
OTHER
RE-
QUIREMENTS.— 
(A) IN GENERAL.—In each of fiscal years 
2021 through 2023, the Secretary of Defense 
and each Secretary of a military department 
may obligate and expend, from amounts speci-
1851 
fied in subparagraph (B), not more than 
$5,000,000 for the following: 
(i) Training related to civilian cas-
ualty mitigation and response. 
(ii) Information technology equip-
ment, support and maintenance, and data 
storage, in order to implement the policy of 
the Department related relating to civilian 
casualties resulting from United States 
military operations as required by section 
936 of the John S. McCain National De-
fense Authorization Act for Fiscal Year 
2019. 
(B) FUNDS.—The funds for a fiscal year 
specified in this subparagraph are funds as fol-
lows: 
(i) In the case of the Secretary of De-
fense, amounts authorized to be appro-
priated for such fiscal year for operation 
and maintenance, Defense-wide. 
(ii) In the case of a Secretary of a 
military department, amounts authorized 
to be appropriated for such fiscal year for 
operation and maintenance for the compo-
1852 
nents of the Armed Forces under the juris-
diction of such Secretary. 
(b) UNITED STATES MILITARY OPERATIONS DE-
FINED.—In this section, the term ‘‘United States military 
operations’’ includes any mission, strike, engagement, 
raid, or incident involving United States Armed Forces. 
SEC. 1748. SENSE OF CONGRESS REGARDING REPORTING 
OF CIVILIAN CASUALTIES RESULTING FROM 
UNITED STATES MILITARY OPERATIONS. 
It is the sense of Congress— 
(1) to commend the Department of Defense for 
the measures it has implemented and is currently 
implementing to prevent, mitigate, track, investigate, 
learn from, respond to, and report civilian casualties 
resulting from United States military operations; 
and 
(2) to agree with the Department that civilian 
casualties are a tragic and unavoidable part of war, 
and to recognize that the Department endeavors to 
conduct all military operations in compliance with 
the international law of armed conflict and the laws 
of the United States, including distinction, propor-
tionality, and the requirement to take feasible pre-
cautions in planning and conducting operations to 
reduce the risk of harm to civilians and other pro-
1853 
tected persons and objects; and the protection of ci-
vilians and other protected persons and objects, in 
addition to a legal obligation and a strategic inter-
est, is a moral and ethical imperative; that the De-
partment has submitted to Congress three successive 
annual reports on civilian casualties resulting from 
United States military operations for calendar years 
2017, 2018, and 2019, and has updated reports as 
appropriate; and to recognize the efforts of the De-
partment, both in policy and in practice, to reduce 
the harm to civilians and other protected persons 
and objects resulting from United States military 
operations, and to encourage the Department to 
make additional progress in— 
(A) developing at all combatant commands 
personnel and offices responsible for advising 
the commanders of such commands, and inte-
grating into command strategy, the promotion 
of observance of human rights and the protec-
tion of civilians and other protected persons 
and objects; 
(B) finalizing and implementing the policy 
of the Department relating to civilian casualties 
resulting from United States military oper-
ations, as required by section 936 of the John
1854 
S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (10 U.S.C. 134 note); 
(C) finalizing Department-wide regulations 
to implement section 1213 of the National De-
fense Authorization for Fiscal Year 2020 (Pub-
lic Law 116–92) for ex gratia payments for 
damage, personal injury, or death that is inci-
dent to the use of force by the United States 
Armed Forces, a coalition that includes the 
United States, a military organization sup-
porting the United States, or a military organi-
zation supporting the United States or such co-
alition; and 
(D) professionalizing foreign partner forces 
to reduce civilian casualties, including in con-
nection with train and equip programs, advise, 
assist, accompany, and enable missions, and 
fully combined and coalition operations. 
SEC. 1749. PROHIBITION OF PUBLIC DISPLAY OF CONFED-
ERATE BATTLE FLAG ON DEPARTMENT OF 
DEFENSE PROPERTY. 
(a) PROHIBITION.—Except as provided in subsection 
(b) the Secretary of Defense shall prohibit the public dis-
play of the Confederate battle flag at all Department of 
Defense property.
1855 
(b) EXCEPTIONS.—The prohibition under subsection 
(a) shall not apply to— 
(1) a museum located on a Department of De-
fense installation that addresses the Civil War from 
a historical or educational perspective; 
(2) an educational or historical display depict-
ing a Civil War battle in which the Confederate bat-
tle flag is present, but not the main focus of the dis-
play; 
(3) a State flag that incorporates the Confed-
erate battle flag; 
(4) a State-issued license plate with a depiction 
of the Confederate battle flag; or 
(5) a grave site of a Confederate soldier. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘Confederate battle flag’’ means 
the battle flag carried by Confederate armies during 
the Civil War. 
(2) The term ‘‘Department of Defense prop-
erty’’ means all installations, workplaces, common- 
access areas, and public areas of the Department of 
Defense, including— 
(A) office buildings, facilities, naval ves-
sels, aircraft, Government vehicles, hangars, 
ready rooms, conference rooms, individual of-