Office of Congressional and Government Affairs (OCGA)
The Office of Congressional and Government Affairs (OCGA) is the principal liaison office between the National Academies of Sciences, Engineering, and Medicine and Capitol Hill.
The Office of Congressional and Government Affairs (OCGA) is the principal liaison office between the National Academies of Sciences, Engineering, and Medicine and Capitol Hill.
Public Law 116-283
The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies of Sciences, Engineering, and Medicine. (Pound signs [##] between passages denote the deletion of unrelated text.)
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SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.
(a) Strategic Plan.—Not later than 2 years after the date of the enactment of this subtitle, the Entity shall—
(1) consult with relevant stakeholders, including representatives from industry, academia, national labs, the Federal Government, and international entities, to develop and update, as needed, a consensus definition of “sustainable chemistry” to guide the activities under this subtitle;
(2) develop a working framework of attributes characterizing, and metrics for assessing, sustainable chemistry, as described in subsection (b);
(3) assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this title can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;
(4) coordinate and support Federal research, development, demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including budget coordination and support for public-private partnerships, as appropriate;
(5) identify any Federal regulatory barriers to, and opportunities for, Federal agencies facilitating the development of incentives for development, consideration, and use of sustainable chemistry processes and products;
(6) identify major scientific challenges, roadblocks, and hurdles to transformational progress in improving the sustainability of the chemical sciences; and
(7) review, identify, and make effort to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.
(b) Characterizing and Assessing Sustainable Chemistry.—The Entity shall develop a working framework of attributes characterizing, and metrics for assessing, sustainable chemistry for the purposes of carrying out this subtitle. In developing this framework, the Entity shall—
(1) seek advice and input from stakeholders as described in subsection (c);
(2) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;
(3) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and
(4) consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.
(c) Consultation.—In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, or other mechanisms as necessary. The stakeholders shall include representatives from—
(1) business and industry, including trade associations and small- and medium-sized enterprises from across the value chain;
(2) the scientific community, including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia;
(3) the defense community;
(4) State, tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(d) Report to Congress.—
(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, the Committee on Agriculture, Nutrition, and Forestry, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Agriculture, the Committee on Education and Labor, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include—
(A) a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;
(B) a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;
(C) an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;
(D) an analysis of the progress made toward achieving the goals and priorities of this subtitle, and recommendations for future program activities;
(E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices among participating agencies; and
(F) an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry, efforts undertaken by the Entity to eliminate duplicative funding and research, and recommendations on how to achieve these goals.
(2) SUBMISSION TO GAO.—The Entity shall also submit the report described in paragraph (1) to the Comptroller General of the United States for consideration in future Congressional inquiries.
(3) ADDITIONAL REPORTS.—The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs (A), (B), (D), (E), and (F) of paragraph (1) every 3 years, commencing after the initial report is submitted until the Entity terminates.
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SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND THE UNITED STATES TO RECRUIT AND RETAIN RESEARCHERS IN NATIONAL SECURITY-RELATED AND DEFENSE-RELATED FIELDS.
(a) Agreement.—
(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for the National Academies of Sciences, Engineering, and Medicine to perform the services covered by this section.
(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.
(b) Review.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under this section, the National Academies of Sciences, Engineering, and Medicine shall carry out a comparative analysis of efforts by China and the United States Government to recruit and retain domestic and foreign researchers and develop recommendations for the Secretary of Defense and the heads of other Federal agencies as appropriate.
(2) ELEMENTS.—The comparative analysis carried out under paragraph (1) and the recommendations developed under such paragraph shall include the following:
(A) A list of the “talent programs” used by China and a list of the incentive programs used by the United States to recruit and retain researchers in fields relating to national security or defense research.
(B) The types of researchers, scientists, other technical experts, and fields targeted by each talent program listed under subparagraph (A).
(C) The number of researchers in academia, the Department of Defense Science and Technology Reinvention Laboratories, and national security science and engineering programs of the National Nuclear Security Administration targeted by the talent programs listed under subparagraph (A).
(D) The number of personnel currently participating in the talent programs listed under subparagraph (A) and the number of researchers currently participating in the incentive programs listed under such subparagraph.
(E) The incentives offered by each of the talent programs listed under subparagraph (A) and a description of the incentives offered through incentive programs under such subparagraph to recruit and retain researchers, scientists, and other technical experts.
(F) A characterization of the national security, economic, and scientific benefits China gains through the talent programs listed under subparagraph (A) and a description of similar gains accrued to the United States through incentive programs listed under such subparagraph.
(G) An assessment of the risks to national security and benefits to the United States of scientific research cooperation between the United States and China, such as that which is performed under the agreement between the United States and the People’s Republic of China known as the “Agreement between the Government of the United States of America and the Government of the People’s Republic of China on Cooperation in Science and Technology”, signed in Washington on January 31, 1979, successor agreements, and similar agreements, administered by the Secretary of State and the heads of other Federal agencies.
(H) A list of findings and recommendations relating to policies that can be implemented by the United States, especially the Department of Defense and other appropriate Federal agencies, to improve the relative effectiveness of United States activities to recruit and retain researchers, scientists, and other technical experts relative to China.
(c) Report.—
(1) IN GENERAL.—Not later than one year after the date of the execution of an agreement under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall—
(A) submit to the congressional defense committees a report on the findings National Academies of Sciences, Engineering, and Medicine with respect to the review carried out under this section and the recommendations developed under this section; and
(B) make available to the public on a publicly accessible website a version of report that is suitable for public viewing.
(2) FORM.—The report submitted under paragraph (1)(A) shall be submitted in unclassified form, but may include a classified annex.
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Subtitle I—Military Family Readiness and Dependents’ Education
SEC. 581. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY; REVIEW; REPORT.
(a) Definitions.—Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall act on recommendation one of the report, dated July 2019, of the National Academies of Science, Engineering and Medicine, titled “Strengthening the Military Family Readiness System for a Changing American Society”, by establishing definitions of “family well-being”, “family readiness”, and “family resilience” for use by the Department of Defense.
(b) Communication Strategy.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall—
(1) ensure that the Secretary of Defense has carried out section 561 of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 1781 note);
(2) implement a strategy to use of a variety of modes of communication to ensure the broadest means of communicating with military families; and
(3) establish a process to measure the effectiveness of the modes of communication described in paragraph (2).
(c) Review.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current programs, policies, services, resources, and practices of the Department for military families as outlined in recommendation four of the report described in subsection (a).
(d) Report.—Not later than 60 days after completing the review under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the results of the review and how the Secretary shall improve programs, policies, services, resources, and practices for military families, based on the review.
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“§ 8932. Ocean Policy Committee”.
(B) TABLE OF SECTIONS.—The table of sections 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 Ocean Policy Committee shall establish an Ocean Research Advisory Panel (in this section referred to as the ‘Advisory Panel’). The Advisory Panel shall consist of not fewer than 10 and not more than 18 members appointed by the co-chairs of the Committee, including each of the following:
“(A) Three members who represent the National Academies of Sciences, Engineering, and Medicine.
“(B) Members selected from among individuals who represent the views of ocean industries, State, tribal, territorial or local governments, academia, and such other views as the co-chairs consider appropriate.
“(C) Members selected from among individuals eminent in the fields of marine science, marine technology, 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 assign the following responsibilities to the Advisory Panel:
“(1) To advise the Committee on policies and procedures to implement the National Oceanographic Partnership Program.
“(2) To advise the Committee on matters relating to national oceanographic science, engineering, facilities, or resource requirements.
“(3) To advise the Committee on improving diversity, 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.
“(c) Meetings.—The Committee shall require the Advisory Panel to meet not less frequently than two times each year.
“(d) Administrative and Technical Support.—The Administrator of the National Oceanic and Atmospheric Administration shall provide to the Advisory Panel such administrative and technical support as the Advisory Panel may require.
“(e) Termination.—Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall terminate on January 1, 2040.”
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SEC. 1062. LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS OF HIGHER EDUCATION HOSTING CONFUCIUS INSTITUTES.
(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be provided to an institution of higher education that hosts a Confucius Institute, other than amounts provided directly to students as educational assistance.
(b) Waiver.—
(1) IN GENERAL.—The Secretary of Defense may waive the limitation under subsection (a) with respect to an institution of higher education if the Secretary, after consultation with the National Academies of Sciences, Engineering, and Medicine, determines such a waiver is appropriate.
(2) MANAGEMENT PROCESS.—If the Secretary issues a waiver under paragraph (1), the academic liaison designated pursuant to subsection (g) of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note), as amended by section 1299C of this Act, shall manage the waiver process on behalf of the Secretary.
(c) Effective Date.—The limitation under subsection (a) shall apply with respect to the first fiscal year that begins after the date that is 24 months after the date of the enactment of this Act and to any subsequent fiscal year.
(d) Definitions.—In this section:
(1) The term “Confucius Institute” means a cultural institute directly or indirectly funded by the Government of the People’s Republic of China.
(2) The term “institution of higher education” has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
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“SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS.
“(a) Initiative Required.—The Secretary of Defense shall, in consultation with other appropriate government organizations, establish an initiative to work with institutions of higher education who perform defense research and engineering activities—
“(1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security;
“(2) to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise; and
“(3) to support efforts toward development of domestic talent in relevant scientific and engineering fields.
“(b) Institutions and Organizations.—The initiative required by subsection (a) shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations.
“(c) Requirements.—The initiative required by subsection (a) shall include development of the following:
“(1) Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise.
“(2) Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that—
“(A) emphasizes best practices for protection of sensitive national security information;
“(B) includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats; and
“(C) includes requirements for appropriate senior officials of institutions of higher education to receive from appropriate Government agencies updated and periodic briefings that describe the espionage risks to academic institutions and associated personnel posed by technical intelligence gathering activities of near-peer strategic competitors.
“(3) The capacity of Government agencies and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs.
“(4) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services.
“(5) Regulations and procedures—
“(A) for Government agencies and academic organizations and personnel to support the goals of the initiative; and
“(B) that are consistent with policies that protect open and scientific exchange in fundamental research.
“(6) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs.
“(7) Initiatives to support the transition of the results of institution of higher education research programs into defense capabilities.
“(8)(A) A list of academic institutions of the People’s Republic of China, the Russian Federation, and other countries that—
“(i) have a history of improper technology transfer, intellectual
property theft, or cyber or human espionage;
“(ii) operate under
the direction of the military forces or intelligence agency of the
applicable country;
“(iii) are known—
“(I) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or
“(II) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or
“(iv) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available.
“(B) The list described in subparagraph (A) shall be developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations.
“(9)(A) A list, developed and continuously updated in consultation with the National Academies of Science, Engineering, and Medicine and the appropriate Government agencies, of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary.
“(B) In developing and updating such list, the Secretary shall consider—
“(i) the extent to which a foreign talent program—
“(I) poses a threat to research funded by the Department of Defense; and
“(II) engages in, or facilitates, cyber attacks, theft, espionage, attempts to gain ownership of or influence over companies, or otherwise interferes in the affairs of the United States; and
“(ii) any other factor the Secretary considers appropriate.
“(d) Procedures for Enhanced Information Sharing.—
“(1) COLLECTION OF INFORMATION.—
“(A) DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES.—Not later than October 1, 2020, for the purpose of maintaining appropriate security controls over research activities, technical information, and intellectual property, the Secretary, in conjunction with appropriate public and private entities, shall establish streamlined procedures to collect appropriate information relating to individuals, including United States citizens and foreign nationals, who participate in defense research and development activities.
“(B) FUNDAMENTAL RESEARCH PROGRAMS.—With respect to fundamental research programs, the academic liaison designated under subsection (g) shall establish policies and procedures to collect, consistent with the best practices of Government agencies that fund academic research, appropriate information relating to individuals who participate in fundamental research programs.
“(2) PROTECTION FROM RELEASE.—The procedures required by paragraph (1) shall include procedures to protect such information from release, consistent with applicable regulations.
“(3) REPORTING TO GOVERNMENT INFORMATION SYSTEMS AND REPOSITORIES.—The procedures required by paragraph (1) may include procedures developed, in coordination with appropriate public and private entities, to report such information to existing Government information systems and repositories.
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SEC. 1299I. ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM.
(a) Assessment.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Secretary of Energy, shall enter into an arrangement with the National Academy of Sciences—
(1) to conduct an assessment of strategies of the United States for preventing, countering, and responding to nuclear, biological, and chemical terrorism; an
(2) to make recommendations to improve such strategies.
(b) Matters to Be Included.—The assessment and recommendations required by subsection (a) shall address the adequacy of strategies described in such subsection and identify technical, policy, and resource gaps with respect to—
(1) identifying national and international nuclear, biological, and chemical risks, and critical emerging threats;
(2) preventing state-sponsored and non-state actors from acquiring or misusing the technologies, materials, and critical expertise needed to carry out nuclear, biological, and chemical attacks, including dual-use technologies, materials, and expertise;
(3) countering efforts by state-sponsored and non-state actors to carry out such attacks;
(4) responding to nuclear, biological, and chemical terrorism incidents to attribute their origin and help manage their consequences;
(5) budgets likely to be required to implement effectively such strategies; and
(6) other important matters that are directly relevant to such strategies.
(c) Report.—
(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that contains the assessment and recommendations required by subsection (a).
(2) FORM.—The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs, Committee on Armed Services, and Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, Committee on Armed Services, and Select Committee on Intelligence of the Senate.
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SEC. 1622. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.
(a) In General.—The Director of National Intelligence, in coordination with the Under Secretary of Defense for Intelligence and Security, shall enter into a joint agreement with the Academies to create a new “National Academies Climate Security Roundtable” (in this section referred to as the “roundtable”).
(b) Participants.—The roundtable shall include—
(1) the members of the Climate Security Advisory Council established under section 120 of the National Security Act of 1947 (50 U.S.C. 3060);
(2) senior representatives and practitioners from Federal science agencies, elements of the intelligence community, and the Department of Defense, who are not members of the Council; and
(3) key stakeholders in the United States scientific enterprise, including institutions of higher education, Federal research laboratories (including the national security laboratories), industry, and nonprofit research organizations.
(c) Purpose.—The purpose of the roundtable is—
(1) to support the duties and responsibilities of the Climate Security Advisory Council under section 120(c) of the National Security Act of 1947 (50 U.S.C. 3060(c));
(2) to develop best practices for the exchange of data, knowledge, and expertise among elements of the intelligence community, elements of the Federal Government that are not elements of the intelligence community, and non-Federal researchers;
(3) to facilitate dialogue and collaboration about relevant collection and analytic priorities among participants of the roundtable with respect to climate security;
(4) to identify relevant gaps in the exchange of data, knowledge, or expertise among participants of the roundtable with respect to climate security, and consider viable solutions to address such gaps; and
(5) to provide any other assistance, resources, or capabilities that the Director of National Intelligence or the Under Secretary determines necessary with respect to the Council carrying out the duties and responsibilities of the Council under such section 120(c).
(d) Meetings.—The roundtable shall meet at least quarterly, in coordination with the meetings of the Climate Security Advisory Council under section 120(c)(1) of the National Security Act of 1947 (50 U.S.C. 3060(c)(1)).
(e) Reports and Briefings.—The joint agreement under subsection (a) shall specify that—
(1) the roundtable shall organize workshops, on at least a biannual basis, that include both participants of the roundtable and persons who are not participants, and may be conducted in classified or unclassified form in accordance with subsection (f);
(2) on a regular basis, the roundtable shall produce classified and unclassified reports on the topics described in subsection (c) and the activities of the roundtable, and other documents in support of the duties and responsibilities of the Climate Security Advisory Council under section 120(c) of the National Security Act of 1947 (50 U.S.C. 3060(c));
(3) the Academies shall provide recommendations by consensus to the Council on both the topics described in subsection (c) and specific topics as identified by participants of the roundtable;
(4) not later than March 1, 2021, and annually thereafter during the life of the roundtable, the Academies shall provide a briefing to the appropriate congressional committees on the progress and activities of the roundtable; and
(5) not later than September 30, 2025, the Academies shall submit a final report to the appropriate congressional committees on the activities of the roundtable.
(f) Security Clearances.—Each participant of the roundtable shall have a security clearance at the appropriate level to carry out the duties of the participant under this section. A person who is not a participant who attends a workshop under subsection (e)(1) is not required to have a security clearance, and the roundtable shall ensure that any such workshop is held at the appropriate classified or unclassified level.
(g) Termination.—The roundtable shall terminate on September 30, 2025.
(h) Definitions.—In this section:
(1) The term “Academies” means the National Academies of Sciences, Engineering, and Medicine.
(2) The term “appropriate congressional committees” means—
(A) the Committee on Science, Space, and Technology, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(3) The term “Federal science agency” means any agency or department of the Federal Government with at least $100,000,000 in basic and applied research obligations in fiscal year 2019.
(4) The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5) The term “national security laboratory” has the meaning given the term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
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SEC. 1663. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS COMMISSION ORDER 20-48.
(a) Agreement.—
(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for the National Academies to perform the services covered by this section.
(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 30 days after the date of the enactment of this Act.
(b) Independent Technical Review.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies under subsection (a), the National Academies shall carry out an independent technical review of the Order and Authorization adopted by the Federal Communications Commission on April 19, 2020 (FCC 20-48), to the extent that such Order and Authorization affects the devices, operations, or activities of the Department of Defense.
(2) ELEMENTS.—The independent technical review carried out under paragraph (1) shall include the following:
(A) Comparison of the two different approaches on which the Commission relied for the Order and Authorization described in paragraph (1) to evaluate the potential harmful interference concerns relating to Global Positioning System devices, with a recommendation on which method most effectively mitigates risks of harmful interference with Global Positioning System devices of the Department, or relating to or with the potential to affect the operations and activities of the Department.
(B) Assessment of the potential for harmful interference to mobile satellite services, including commercial services and Global Positioning System services of the Department, or relating to or with the potential to affect the operations and activities of the Department.
(C) Review of the feasibility, practicality, and effectiveness of the proposed mitigation measures relating to, or with the potential to affect, the devices, operations, or activities of the Department.
(D) Development of recommendations associated with the findings of the National Academies in carrying out the independent technical review.
(E) Such other matters as the National Academies determines relevant.
(c) Report.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies under subsection (a), the National Academies, not later than 270 days after the date of the execution of such agreement, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the National Academies with respect to the independent technical review carried out under subsection (b) and the recommendations developed pursuant to such review.
(2) FORM.—The report submitted under paragraph (1) shall be submitted in a publicly releasable and unclassified format, but may include a classified annex
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SEC. 3125. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION.
(a) In General.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall—
(1) enter into an arrangement with a federally funded research and development center to conduct a follow-on analysis to the analysis required by section 3134 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2769) with respect to approaches for treating the portion of low-activity waste at the Hanford Nuclear Reservation, Richland, Washington, intended for supplemental treatment; and
(2) enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to review the follow-on analysis conducted under paragraph (1).
(b) Comparison of Alternatives to Aid Decisionmaking.—The analysis required by subsection (a)(1) shall be designed, to the greatest extent possible, to provide decisionmakers with the ability to make a direct comparison between approaches for the supplemental treatment of low-activity waste at the Hanford Nuclear Reservation based on criteria that are relevant to decisionmaking and most clearly differentiate between approaches.
(c) Elements.—The analysis required by subsection (a)(1) shall clearly lay out a framework of decisions to be made among the treatment technologies, waste forms, and disposal locations by including an assessment of the following:
(1) The most effective potential technology for supplemental treatment of low-activity waste that will produce an effective waste form, including an assessment of the following:
(A) The maturity and complexity of the technology.
(B) The
extent of previous use of the technology.
(C) The life cycle
costs and duration of use of the technology.
(D) The
effectiveness of the technology with respect to immobilization.
(E)
The performance of the technology expected under permanent
disposal.
(F) The topical areas of additional study required
for the grout option identified in the analysis required by section
3134 of the National Defense Authorization Act for Fiscal Year
2017.
(2) The differences among approaches for the supplemental treatment of low-activity waste considered as of the date of the analysis required by subsection (a)(1).
(3) The compliance of such approaches with the technical standards described in section 3134(b)(2)(D) of the National Defense Authorization Act for Fiscal Year 2017.
(4) The differences among potential disposal sites for the waste form produced through such treatment, including mitigation of radionuclides, including technetium-99, selenium-79, and iodine-129, on a system level.
(5) Potential modifications to the design of facilities to enhance performance with respect to disposal of the waste form to account for the following:
(A) Regulatory compliance.
(B) Public acceptance.
(C)
Cost.
(D) Safety.
(E) The expected radiation dose to
maximally exposed individuals over time.
(F) Differences among
disposal environments.
(6) Approximately how much and what type of pretreatment is needed to meet regulatory requirements regarding long-lived radionuclides and hazardous chemicals to reduce disposal costs for radionuclides described in paragraph (4).
(7) Whether the radionuclides can be left in the waste form or economically removed and bounded at a system level by the performance assessment of a potential disposal site and, if the radionuclides cannot be left in the waste form, how to account for the secondary waste stream.
(8) Other relevant factors relating to the technology described in paragraph (1), including the following:
(A) The costs and risks in delays with respect to tank performance
over time.
(B) Consideration of experience with treatment
methods at other sites and commercial facilities.
(C) Outcomes
of the test bed initiative of the Office of Environmental Management
at the Hanford Nuclear Reservation.
(d) Review, Consultation, Submission, and Limitations.—The provisions of subsections (c) through (f) of section 3134 of the National Defense Authorization Act for Fiscal Year 2017 shall apply with respect to the analysis required by subsection (a)(1) to the same extent and in the same manner that such provisions applied with respect to the analysis required by subsection (a) of such section 3134, except that subsection (e) of such section shall be applied and administered by substituting “the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021” for “the date of the enactment of this Act” each place it appears.
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Subtitle H—Other Matters
SEC. 3171. INDEPENDENT STUDY ON POTENTIAL ENVIRONMENTAL EFFECTS OF NUCLEAR WAR.
(a) Study.—The Administrator for Nuclear Security, in consultation with the Secretary of Defense and the Director of National Intelligence, shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies conduct a study on the environmental effects of nuclear war.
(b) Matters Included.—The study under subsection (a) shall include the following:
(1) An evaluation of the non-fallout atmospheric effects of plausible scenarios for nuclear war, ranging from low-quantity regional exchanges to large-scale exchanges between major powers.
(2) An examination of the effects evaluated under paragraph (1) by—
(A) the yield, type, and number of nuclear weapons;
(B) the types and locations of targets;
(C) the time distribution of the explosions;
(D) the atmospheric conditions; and
(E) other factors that may have a significant impact on the effects.
(3) An assessment of current models of nuclear explosions, including with respect to—
(A) the fires such explosions may cause;
(B) the atmospheric transport of the gases from such explosions;
(C) the radioactive material from such explosions; and
(D) the soot and other debris from such fires and explosions and the atmospheric, terrestrial, and marine consequences of such effects, including with respect to changes in weather patterns, airborne particulate concentrations, stratospheric ozone, agriculture, and long-term regional ecosystem viability.
(4) Identification of the capabilities and limitations of the models described in paragraph (3) for assessing the environmental effects of nuclear war, including—
(A) an evaluation of the relevant uncertainties;
(B) a highlight of the key data gaps; and
(C) recommendations for how such models can be improved to better inform decision making.
(c) Report.—
(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the National Academies shall submit to the Administrator, the Secretary, the Director, and the congressional defense committees a report on the study under subsection (a).
(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(d) Provision of Information.—
(1) SECRETARY OF DEFENSE.—The Secretary shall provide to the National Academies such information of the Department of Defense as is necessary for the National Academies to conduct the study under subsection (a), including information relating to relevant scenarios described in subsection (b).
(2) DIRECTOR OF NATIONAL INTELLIGENCE.—The Director shall provide to the National Academies such information on foreign adversary capabilities as is necessary for the National Academies to conduct the study under subsection (a), including information relating to relevant scenarios described in subsection (b).
SEC. 3172. REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE AT THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.—The Administrator for Nuclear Security, in consultation with the Secretary of Energy, shall enter into an agreement with the National Academy of Sciences to review the future of computing beyond exascale computing to meet national security needs at the National Nuclear Security Administration.
(b) Elements.—The review required by subsection (a) shall address the following:
(1) Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish during the 20 years after the date of the enactment of this Act.
(2) Computing architectures that potentially can meet those needs, including—
(A) classical computing architectures employed as of such date of enactment;
(B) quantum computing architectures and other novel computing architectures;
(C) hybrid combinations of classical and quantum computing architectures; and
(D) other architectures as necessary.
(3) The development of software for the computing architectures described in paragraph (2).
(4) The maturity of the computing architectures described in paragraph (2) and the software described in paragraph (3), with key obstacles that must be overcome for the employment of such architectures and software.
(5) The secure industrial base that exists as of the date of the enactment of this Act to meet the unique needs of computing at the National Nuclear Security Administration, including needs with respect to—
(A) personnel;
(B) microelectronics; and
(C) other appropriate matters.
(c) Information and Clearances.—The Administrator shall ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection (a) or conducting the review required by that subsection receive, in a timely manner, access to information and necessary security clearances to enable the conduct of the review.
(d) Report Required.—
(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the congressional defense committees a report on the findings of the review required by subsection (a).
(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e) Exascale Computing Defined.—In this section, the term “exascale computing” means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.
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SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE.
(a) In General.—The Secretary of Commerce shall, in consultation with the Director of the Office of Science and Technology Policy, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, and the Director of National Intelligence establish an advisory committee to be known as the “National Artificial Intelligence Advisory Committee”.
(b) Qualifications.—The Advisory Committee shall consist of members, appointed by the Secretary of Commerce, who are representing broad and interdisciplinary expertise and perspectives, including from academic institutions, companies across diverse sectors, nonprofit and civil society entities, including civil rights and disability rights organizations, and Federal laboratories, who are representing geographic diversity, and who are qualified to provide advice and information on science and technology research, development, ethics, standards, education, technology transfer, commercial application, security, and economic competitiveness related to artificial intelligence.
(c) Membership Consideration.—In selecting the members of the Advisory Committee, the Secretary of Commerce shall seek and give consideration to recommendations from Congress, industry, nonprofit organizations, the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, and academic institutions), the defense and law enforcement communities, and other appropriate organizations.
(d) Duties.—The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative, including recommendations related to—
(1) the current state of United States competitiveness and leadership in artificial intelligence, including the scope and scale of United States investments in artificial intelligence research and development in the international context;
(2) the progress made in implementing the Initiative, including a review of the degree to which the Initiative has achieved the goals according to the metrics established by the Interagency Committee under section 5103(d)(2);
(3) the state of the science around artificial intelligence, including progress toward artificial general intelligence;
(4) issues related to artificial intelligence and the United States workforce, including matters relating to the potential for using artificial intelligence for workforce training, the possible consequences of technological displacement, and supporting workforce training opportunities for occupations that lead to economic self-sufficiency for individuals with barriers to employment and historically underrepresented populations, including minorities, Indians (as defined in 25 U.S.C. 5304), low-income populations, and persons with disabilities.
(5) how to leverage the resources of the initiative to streamline and enhance operations in various areas of government operations, including health care, cybersecurity, infrastructure, and disaster recovery;
(6) the need to update the Initiative;
(7) the balance of activities and funding across the Initiative;
(8) whether the strategic plan developed or updated by the Interagency Committee established under section 5103(d)(2) is helping to maintain United States leadership in artificial intelligence;
(9) the management, coordination, and activities of the Initiative;
(10) whether ethical, legal, safety, security, and other appropriate societal issues are adequately addressed by the Initiative;
(11) opportunities for international cooperation with strategic allies on artificial intelligence research activities, standards development, and the compatibility of international regulations;
(12) accountability and legal rights, including matters relating to oversight of artificial intelligence systems using regulatory and nonregulatory approaches, the responsibility for any violations of existing laws by an artificial intelligence system, and ways to balance advancing innovation while protecting individual rights; and
(13) how artificial intelligence can enhance opportunities for diverse geographic regions of the United States, including urban, Tribal, and rural communities.
SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT STUDY ON WORKFORCE.
(a) In General.—Not later than 90 days after the date of the enactment of this Act, the National Science Foundation shall enter into a contract with the National Research Council of the National Academies of Sciences, Engineering, and Medicine to conduct a study of the current and future impact of artificial intelligence on the workforce of the United States across sectors.
(b) Contents.—The study shall address—
(1) workforce impacts across sectors caused by the increased adoption of artificial intelligence, automation, and other related trends;
(2) workforce needs and employment opportunities generated by the increased adoption of artificial intelligence across sectors;
(3) research gaps and data needed to better understand and track paragraphs (1) and (2); and
(4) recommendations to address the challenges and opportunities described in paragraphs (1), (2), and (3).
(c) Stakeholders.—In conducting the study, the National Academies of Sciences, Engineering, and Medicine shall seek input from a wide range of stakeholders in the public and private sectors.
(d) Report to Congress.—The contract entered into under subsection (a) shall require the National Academies of Sciences, Engineering, and Medicine, not later than 2 years after the date of the enactment of this Act, to—
(1) submit to the Committee on Science, Space, and Technology and the Committee on Education and Labor of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Pension, and Labor of the Senate a report containing the findings and recommendations of the study conducted under subsection (a); and
(2) make a copy of such report available on a publicly accessible website.
SEC. 5106. NATIONAL AI RESEARCH RESOURCE TASK FORCE.
(a) Establishment of Task Force.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Director of the National Science Foundation, in coordination with the Office of Science and Technology Policy, shall establish a task force—
(i) to investigate the feasibility and advisability of establishing and
sustaining a National Artificial Intelligence Research Resource; and
(ii)
to propose a roadmap detailing how such resource should be established
and sustained.
(B) DESIGNATION.—The task force established by subparagraph (A) shall be known as the “National Artificial Intelligence Research Resource Task Force” (in this section referred to as the “Task Force”).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Task Force shall be composed of 12 members selected by the co-chairpersons of the Task Force from among technical experts in artificial intelligence or related subjects, of whom—
(i) 4 shall be representatives from the Interagency Committee
established in section 5103, including the co-chairpersons of the Task
Force;
(ii) 4 shall be representatives from institutions of higher
education; and
(iii) 4 shall be representatives from private
organizations.
(B) APPOINTMENT.—Not later than 120 days after enactment of this Act, the co-chairpersons of the Task Force shall appoint members to the Task Force pursuant to subparagraph (A).
(C) TERM OF APPOINTMENT.—Members of the Task Force shall be appointed for the life of the Task Force.
(D) VACANCY.—Any vacancy occurring in the membership of the Task Force shall be filled in the same manner in which the original appointment was made.
(E) CO-CHAIRPERSONS.—The Director of the Office of Science and Technology Policy and the Director of the National Sciences Foundation, or their designees, shall be the co-chairpersons of the Task Force. If the role of the Director of the National Science Foundation is vacant, the Chair of the National Science Board shall act as a co-chairperson of the Task Force.
(F) EXPENSES FOR NON-FEDERAL MEMBERS.—
(i) Except as provided in clause (ii), non-Federal Members of the Task
Force shall not receive compensation for their participation on the Task
Force.
(ii) Non-Federal Members of the Task Force shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Task Force.
(b) Roadmap and Implementation Plan.—
(1) IN GENERAL.—The Task Force shall develop a coordinated roadmap and implementation plan for creating and sustaining a National Artificial Intelligence Research Resource.
(2) CONTENTS.—The roadmap and plan required by paragraph (1) shall include the following:
(A) Goals for establishment and sustainment of a National Artificial Intelligence Research Resource and metrics for success.
(B) A plan for ownership and administration of the National Artificial Intelligence Research Resource, including—
(i) an appropriate agency or organization responsible for the implementation, deployment, and administration of the Resource; and
(ii) a governance structure for the Resource, including oversight and decision-making authorities.
(C) A model for governance and oversight to establish strategic direction, make programmatic decisions, and manage the allocation of resources;
(D) Capabilities required to create and maintain a shared computing infrastructure to facilitate access to computing resources for researchers across the country, including scalability, secured access control, resident data engineering and curation expertise, provision of curated data sets, compute resources, educational tools and services, and a user interface portal.
(E) An assessment of, and recommended solutions to, barriers to the dissemination and use of high-quality government data sets as part of the National Artificial Intelligence Research Resource.
(F) An assessment of security requirements associated with the National Artificial Intelligence Research Resource and its research and a recommendation for a framework for the management of access controls.
(G) An assessment of privacy and civil rights and civil liberties requirements associated with the National Artificial Intelligence Research Resource and its research.
(H) A plan for sustaining the Resource, including through Federal funding and partnerships with the private sector.
(I) Parameters for the establishment and sustainment of the National Artificial Intelligence Research Resource, including agency roles and responsibilities and milestones to implement the Resource.
(c) Consultations.—In conducting its duties required under subsection (b), the Task Force shall consult with the following:
(1) The National Science Foundation.
(2) The Office of Science and
Technology Policy.
(3) The National Academies of Sciences, Engineering, and
Medicine.
(4) The National Institute of Standards and Technology.
(5)
The Director of National Intelligence.
(6) The Department of
Energy.
(7) The Department of Defense.
(8) The General
Services Administration.
(9) The Department of Justice.
(10)
The Department of Homeland Security.
(11) The Department of Health
and Human Services.
(12) Private industry.
(13) Institutions
of higher education.
(14) Civil and disabilities rights
organizations.
(15) Such other persons as the Task Force considers
appropriate.
(d) Staff.—Staff of the Task Force shall comprise detailees with expertise in artificial intelligence, or related fields from the Office of Science and Technology Policy, the National Science Foundation, or any other agency the co-chairs deem appropriate, with the consent of the head of the agency.
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TITLE LIV—NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION.
(a) In General.—the Director of the National Science Foundation shall fund research and education activities in artificial intelligence systems and related fields, including competitive awards or grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof).
(b) Uses of Funds.—In carrying out the activities under subsection (a), the Director of the National Science Foundation shall—
(1) support research, including interdisciplinary research, on artificial intelligence systems and related areas, including fields and research areas that will contribute to the development and deployment of trustworthy artificial intelligence systems, and fields and research areas that address the application of artificial intelligence systems to scientific discovery and societal challenges;
(2) use the existing programs of the National Science Foundation, in collaboration with other Federal departments and agencies, as appropriate to—
(A) improve the teaching and learning of topics related to artificial intelligence systems in K-12 education and postsecondary educational programs, including workforce training and career and technical education programs, undergraduate and graduate education programs, and in informal settings; and
(B) increase participation in artificial intelligence related fields, including by individuals identified in sections 33 and 34 of the Science and Engineering Equal Opportunity Act (42 U.S.C. 1885a, 1885b);
(3) support partnerships among institutions of higher education, Federal laboratories, nonprofit organizations, State, local, and Tribal governments, industry, and potential users of artificial intelligence systems that facilitate collaborative research, personnel exchanges, and workforce development and identify emerging research needs with respect to artificial intelligence systems;
(4) ensure adequate access to research and education infrastructure with respect to artificial intelligence systems, which may include the development of new computing resources and partnership with the private sector for the provision of cloud-based computing services;
(5) conduct prize competitions, as appropriate, pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719);
(6) coordinate research efforts funded through existing programs across the directorates of the National Science Foundation;
(7) provide guidance on data sharing by grantees to public and private sector organizations consistent with the standards and guidelines developed under section 22A(e) of the National Institute of Standards and Technology Act (as added by section 5301 of this division); and
(8) evaluate opportunities for international collaboration with strategic allies on artificial intelligence research and development.
(c) Engineering Support.—In general, the Director shall permit applicants to include in their proposed budgets funding for software engineering support to assist with the proposed research.
(d) Ethics.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) a number of emerging areas of research, including artificial intelligence, have potential ethical, social, safety, and security risks that might be apparent as early as the basic research stage;
(B) the incorporation of ethical, social, safety, and security considerations into the research design and review process for Federal awards may help mitigate potential harms before they happen;
(C) the National Science Foundation’s agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study and make recommendations with respect to governance of research in computing and computing technologies is a positive step toward accomplishing this goal; and
(D) the National Science Foundation should continue to work with stakeholders to understand and adopt policies that promote best practices for governance of research in emerging technologies at every stage of research.
(2) REPORT ON ETHICS STATEMENTS.—No later than 6 months after publication of the study described in paragraph (1)(C), the Director shall report to Congress on options for requiring an ethics or risk statement as part of all or a subset of applications for research funding to the National Science Foundation.
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SEC. 8108. POLAR SECURITY CUTTER ACQUISITION REPORT.
Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a report on—
(1) the extent to which specifications, key drawings, and detail design for the Polar Security Cutter are complete before the start of construction;
(2) the extent to which Polar Security Cutter hulls numbers one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar Security Cutter hull number four is science capable, as described in the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment letter report entitled “Acquisition and Operation of Polar Icebreakers: Fulfilling the Nation’s Needs” and dated July 11, 2017.
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SEC. 8249. COAST GUARD AUTHORITIES STUDY.
(a) In General.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of Coast Guard authorities.
(b) Assessment.—The assessment under subsection (a) shall provide—
(1) an examination of emerging issues that may require Coast Guard oversight, regulation, or action;
(2) a description of potential limitations and shortcomings of relying on current Coast Guard authorities to address emerging issues; and
(3) an overview of adjustments and additions that could be made to existing Coast Guard authorities to fully address emerging issues.
(c) Report to the Congress.—Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment under this section.
(d) Emerging Issues.—In this section, the term “emerging issues” means changes in the maritime industry and environment that in the determination of the National Academy of Sciences are reasonably likely to occur within 10 years after the date of the enactment of this Act, including—
(1) the introduction of new technologies in the maritime domain;
(2) the advent of new processes or operational activities in the maritime domain; and
(3) changes in the use of navigable waterways.
(e) Form.—The assessment required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
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SEC. 8254. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES AS CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS.
(a) GAO Report.—
(1) IN GENERAL.—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 Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the resources, regulations, policies, protocols, and other actions designed to carry out the Coast Guard Certificate of Compliance program with respect to liquefied natural gas tank vessels (including examinations under section 153.808 of title 46, Code of Federal Regulations) and vessels that carry bulk liquefied gases as cargo (including examinations under part 154 of title 46, Code of Federal Regulations) for purposes of maintaining the efficiency of examinations under that program.
(2) CONTENTS.—The report under paragraph (1) shall include an assessment of the adequacy of current Coast Guard resources, regulations, policies, and protocols to maintain vessel examination efficiency while carrying out the program referred to in paragraph (1) as United States bulk liquefied gases cargo, liquefied natural gas exports, and associated vessel traffic at United States ports increase.
(b) National Academies Study.—
(1) IN GENERAL.—Not later than 6 months after the date on which the report required under subsection (a) is submitted, the Commandant shall enter into an agreement with the National Academies under which the National Academies shall—
(A) conduct an evaluation of the constraints and challenges to maintaining examination efficiency under the program as United States bulk liquefied gases cargo, liquefied natural gas exports, and associated vessel traffic at United States ports increase; and
(B) issue recommendations for changes to resources, regulations, policies, and protocols to maintain the efficiency of the program, including analysis of the following alternatives:
(i) Establishment of a Coast Guard marine examination unit near the Panama Canal to conduct inspections under the program on liquefied natural gas tank vessels bound for the United States, similar to Coast Guard operations carried out by Coast Guard Activities Europe and Coast Guard Activities Far East, including the effects of the establishment of such a unit on the domestic aspects of the program.
(ii) Management of all marine examiners with gas carrier qualification within each Coast Guard District by a single Officer in Charge, Marine Inspection (as defined in section 50.10-10 of title 46, Code of Federal Regulations) to improve the efficiency of their vessel examination assignments.
(iii) Extension of the duration of assignment of marine examiners with a gas carrier qualification at Coast Guard units that most frequently inspect vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels.
(iv) Increase in the use of civilians to conduct and support examinations under the program.
(v) Extension of the duration of certificates of compliance under the program for vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels that are less than 10 years of age and participate in a Coast Guard vessel quality program.
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SEC. 8304. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended—
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“(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research.—
“(1) ESTABLISHMENT.—There is established an Interagency Coordinating Committee on Oil Pollution Research.
“(2) PURPOSE.—The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.
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“(d) Duties of the Interagency Committee.—
“(1) RESEARCH.—The Interagency Committee shall—
“(A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, States, Indian tribes, and other countries, as appropriate; and
“(B) foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research.
“(2) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.—
“(A) IMPLEMENTATION PLAN.—Not later than 180 days after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that—
“(i) identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities;
“(ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;
“(iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;
“(iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;
“(v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;
“(vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;
“(vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and
“(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.
“(B) ADVICE AND GUIDANCE.—
“(i) NATIONAL ACADEMY OF SCIENCES CONTRACT.—The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to—
“(I) provide advice and guidance in the preparation and development of the research plan;
“(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and
“(III) provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee.
“(ii) NIST ADVICE AND GUIDANCE.—The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section.
“(C) 10-YEAR UPDATES.—Not later than 10 years after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.”.
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Subtitle B—Other Matters
SEC. 9411. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)) is amended by striking paragraph (3) and inserting the following new paragraph (3):
“(3) ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.—
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“(C) OBJECTIVES.—The objectives of EPSCoR shall be—
“(i) to increase the number of researchers in eligible jurisdictions, especially at institutions of higher education, capable of performing nationally competitive science and engineering research in support of the mission of the Department of Energy in the areas of applied energy research, environmental management, and basic science;
“(ii) to improve science and engineering research and education programs at institutions of higher education in eligible jurisdictions and enhance the capabilities of eligible jurisdictions to develop, plan, and execute research that is competitive, including through investing in research equipment and instrumentation; and
“(iii) to increase the probability of long-term growth of competitive funding to eligible jurisdictions.
“(D) ELIGIBLE JURISDICTIONS.—
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“(E) GRANTS IN AREAS OF APPLIED ENERGY RESEARCH, ENVIRONMENTAL MANAGEMENT, AND BASIC SCIENCE.—
“(i) IN GENERAL.—EPSCoR shall make grants to eligible jurisdictions to carry out and support applied energy research and research in all areas of environmental management and basic science sponsored by the Department of Energy, including—
“(I) energy efficiency, fossil energy, renewable energy, and other
applied energy research;
“(II) electricity delivery research;
“(III)
cybersecurity, energy security, and emergency response;
“(IV)
environmental management; and
“(V) basic science research.
“(ii) ACTIVITIES.—EPSCoR shall make grants under this subparagraph for activities consistent with the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in clause (i), including—
“(I) to support research that is carried out in partnership with the
National Laboratories;
“(II) to provide for graduate
traineeships;
“(III) to support research by early career faculty;
and
“(IV) to improve research capabilities through biennial
research implementation grants.
“(iii) NO COST SHARING.—EPSCoR shall not impose any cost-sharing requirement with respect to a grant made under this subparagraph, but may require letters of commitment from National Laboratories.
“(F) OTHER ACTIVITIES.—EPSCoR may carry out such activities as may be necessary to meet the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in subparagraph (E)(i).
“(G) PROGRAM IMPLEMENTATION.—
“(i) IN GENERAL.—Not later than 270 days after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a plan describing how the Secretary shall implement EPSCoR.
“(ii) CONTENTS OF PLAN.—The plan described in clause (i) shall include a description of—
“(I) the management structure of EPSCoR, which shall ensure that
all research areas and activities described in this paragraph are
incorporated into EPSCoR;
“(II) efforts to conduct outreach to
inform eligible jurisdictions and faculty of changes to, and
opportunities under, EPSCoR;
“(III) how EPSCoR plans to
increase engagement with eligible jurisdictions, faculty, and State
committees, including by holding regular workshops, to increase
participation in EPSCoR; and
“(IV) any other issues relating to EPSCoR that the Secretary determines appropriate.
“(H) PROGRAM EVALUATION.—
“(i) IN GENERAL.—Not later than 5 years after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall contract with a federally funded research and development center, the National Academy of Sciences, or a similar organization to carry out an assessment of the effectiveness of EPSCoR, including an assessment of—
“(I) the tangible progress made towards achieving the objectives
described in subparagraph (C);
“(II) the impact of research
supported by EPSCoR on the mission of the Department of Energy;
and
“(III) any other issues relating to EPSCoR that the
Secretary determines appropriate.
“(ii) LIMITATION.—The organization with which the Secretary contracts under clause (i) shall not be a National Laboratory.
“(iii) REPORT.—Not later than 6 years after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Science, Space and Technology and the Committee on Appropriations of the House of Representatives a report describing the results of the assessment carried out under clause (i), including recommendations for improvements that would enable the Secretary to achieve the objectives described in subparagraph (C).”.
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SEC. 9903. DEPARTMENT OF DEFENSE.
(a) Department of Defense Efforts.—
(1) IN GENERAL.—Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies (or other such partnerships of private-sector entities, as appropriate) to ensure the development and production of measurably secure microelectronics, including integrated circuits, logic devices, memory, and the packaging and testing practices that support these microelectronic components by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives may include the use of grants under section 9902, and providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States.
(2) RISK MITIGATION REQUIREMENTS.—A participant in a consortium formed with incentives under paragraph (1)—
(A) shall have the potential to enable design, perform fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined by the National Security Advisor and the Secretary of Defense;
(B) may be a fabless company migrating its designs to the facility envisioned in paragraph (1) or migrating to an existing facility onshore;
(C) may be companies, including fabless companies and companies that procure large quantities of microelectronics, willing to co-invest to achieve the objectives set forth in paragraph (1);
(D) shall include management processes to identify and mitigate supply chain security risks; and
(E) shall be capable of providing microelectronic components that are consistent with applicable measurably secure supply chain and operational security standards established under section 224(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(3)NATIONAL SECURITY CONSIDERATIONS.—The Secretary of Defense and the Director of National Intelligence shall select participants for each consortium and or partnership formed with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider whether the companies—
(A) have participated in previous programs and projects of the Department of Defense, Department of Energy, or the intelligence community, including—
(i) the Trusted Integrated Circuit program of the Intelligence Advanced
Research Projects Activity;
(ii) trusted and assured
microelectronics projects, as administered by the Department of
Defense;
(iii) the Electronics Resurgence Initiative program of the
Defense Advanced Research Projects Agency; or
(iv) relevant
semiconductor research programs of the Advanced Research Projects
Agency-Energy;
(B) have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community;
(C) are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk, taking into account supply chain assurance vulnerabilities, counterintelligence risks, and any risks presented by companies whose beneficial owners are located outside the United States; and
(D) are evaluated periodically for foreign ownership, control, or influence by a foreign entity of concern.
(4) NONTRADITIONAL DEFENSE CONTRACTORS AND COMMERCIAL ENTITIES.—Arrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract, a grant, a cooperative agreement, a commercial agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement.
(5) IMPLEMENTATION.—Subject to the availability of appropriations for such purposes, the Secretary of Defense—
(A) shall carry out paragraph (1) jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment; and
(B) may carry out paragraph (1) in collaboration with any such other component of the Department of Defense as the Secretary of Defense considers appropriate.
(6) OTHER INITIATIVES.—
(A) REQUIRED INITIATIVES.—Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Energy and the Administrator of the National Nuclear Security Administration, as appropriate, may dedicate initiatives within the Department of Defense to carry out activities to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened microelectronics that support national security and dual-use applications.
(B) SUPPORT PLAN REQUIRED.—The Secretary of Defense, in consultation with the heads of appropriate departments and agencies of the Federal Government, shall develop a plan, including assessment of resource requirements and designation of responsible officials, for the maintenance of capabilities to produce trusted and assured microelectronics to support current and legacy defense systems, other government systems essential for national security, and critical infrastructure of the United States, especially for items with otherwise limited commercial demand.
(C) ASSESSMENT OF PUBLIC PRIVATE PARTNERSHIPS AND ACTIVITIES.—In conjunction with the activities carried out under this section, the Secretary of Defense shall enter into an agreement with the National Academies of Science, Engineering, and Medicine to undertake a study to make recommendations and provide policy options for optimal public-private partnerships and partnership activities, including an analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private capital, as well as an assessment of and response to the industrial policies of other nations to support industries in similar critical technology sectors, and deliver such study to the congressional defense committees not later than October 1, 2022.
(7) REPORTS.—
(A) REPORT BY SECRETARY OF DEFENSE.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraphs (1) and (6).
(B) BIENNIAL REPORTS BY COMPTROLLER GENERAL OF THE UNITED STATES.—Not later than one year after the date on which the Secretary submits the report required by subparagraph (A) and not less frequently than once every two years thereafter for a period of 10 years, the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection.
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HRpt
116-617 - To accompany H.R. 6395 – [T]o authorize appropriations for
fiscal year 2021 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes Conference Committee
(12/3/20)
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SEC. 262. STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY.
(a) Strategic Plan.—Not later than 2 years after the date of the enactment of this subtitle, the Entity shall—
(1) consult with relevant stakeholders, including representatives from industry, academia, national labs, the Federal Government, and international entities, to develop and update, as needed, a consensus definition of “sustainable chemistry” to guide the activities under this subtitle;
(2) develop a working framework of attributes characterizing, and metrics for assessing, sustainable chemistry, as described in subsection (b);
(3) assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this title can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;
(4) coordinate and support Federal research, development, demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including budget coordination and support for public-private partnerships, as appropriate;
(5) identify any Federal regulatory barriers to, and opportunities for, Federal agencies facilitating the development of incentives for development, consideration, and use of sustainable chemistry processes and products;
(6) identify major scientific challenges, roadblocks, and hurdles to transformational progress in improving the sustainability of the chemical sciences; and
(7) review, identify, and make effort to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.
(b) Characterizing and Assessing Sustainable Chemistry.—The Entity shall develop a working framework of attributes characterizing, and metrics for assessing, sustainable chemistry for the purposes of carrying out this subtitle. In developing this framework, the Entity shall—
(1) seek advice and input from stakeholders as described in subsection (c);
(2) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;
(3) consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and
(4) consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.
(c) Consultation.—In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, or other mechanisms as necessary. The stakeholders shall include representatives from—
(1) business and industry, including trade associations and small- and medium-sized enterprises from across the value chain;
(2) the scientific community, including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia;
(3) the defense community;
(4) State, tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;
(5) nongovernmental organizations; and
(6) other appropriate organizations.
(d) Report to Congress.—
(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, the Committee on Agriculture, Nutrition, and Forestry, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Agriculture, the Committee on Education and Labor, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include—
(A) a summary of federally funded sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;
(B) a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;
(C) an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;
(D) an analysis of the progress made toward achieving the goals and priorities of this subtitle, and recommendations for future program activities;
(E) an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices among participating agencies; and
(F) an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry, efforts undertaken by the Entity to eliminate duplicative funding and research, and recommendations on how to achieve these goals.
(2) SUBMISSION TO GAO.—The Entity shall also submit the report described in paragraph (1) to the Comptroller General of the United States for consideration in future Congressional inquiries.
(3) ADDITIONAL REPORTS.—The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs (A), (B), (D), (E), and (F) of paragraph (1) every 3 years, commencing after the initial report is submitted until the Entity terminates.
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SEC. 283. INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND THE UNITED STATES TO RECRUIT AND RETAIN RESEARCHERS IN NATIONAL SECURITY-RELATED AND DEFENSE-RELATED FIELDS.
(a) Agreement.—
(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for the National Academies of Sciences, Engineering, and Medicine to perform the services covered by this section.
(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.
(b) Review.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under this section, the National Academies of Sciences, Engineering, and Medicine shall carry out a comparative analysis of efforts by China and the United States Government to recruit and retain domestic and foreign researchers and develop recommendations for the Secretary of Defense and the heads of other Federal agencies as appropriate.
(2) ELEMENTS.—The comparative analysis carried out under paragraph (1) and the recommendations developed under such paragraph shall include the following:
(A) A list of the “talent programs” used by China and a list of the incentive programs used by the United States to recruit and retain researchers in fields relating to national security or defense research.
(B) The types of researchers, scientists, other technical experts, and fields targeted by each talent program listed under subparagraph (A).
(C) The number of researchers in academia, the Department of Defense Science and Technology Reinvention Laboratories, and national security science and engineering programs of the National Nuclear Security Administration targeted by the talent programs listed under subparagraph (A).
(D) The number of personnel currently participating in the talent programs listed under subparagraph (A) and the number of researchers currently participating in the incentive programs listed under such subparagraph.
(E) The incentives offered by each of the talent programs listed under subparagraph (A) and a description of the incentives offered through incentive programs under such subparagraph to recruit and retain researchers, scientists, and other technical experts.
(F) A characterization of the national security, economic, and scientific benefits China gains through the talent programs listed under subparagraph (A) and a description of similar gains accrued to the United States through incentive programs listed under such subparagraph.
(G) An assessment of the risks to national security and benefits to the United States of scientific research cooperation between the United States and China, such as that which is performed under the agreement between the United States and the People’s Republic of China known as the “Agreement between the Government of the United States of America and the Government of the People’s Republic of China on Cooperation in Science and Technology”, signed in Washington on January 31, 1979, successor agreements, and similar agreements, administered by the Secretary of State and the heads of other Federal agencies.
(H) A list of findings and recommendations relating to policies that can be implemented by the United States, especially the Department of Defense and other appropriate Federal agencies, to improve the relative effectiveness of United States activities to recruit and retain researchers, scientists, and other technical experts relative to China.
(c) Report.—
(1) IN GENERAL.—Not later than one year after the date of the execution of an agreement under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall—
(A) submit to the congressional defense committees a report on the findings National Academies of Sciences, Engineering, and Medicine with respect to the review carried out under this section and the recommendations developed under this section; and
(B) make available to the public on a publicly accessible website a version of report that is suitable for public viewing.
(2) FORM.—The report submitted under paragraph (1)(A) shall be submitted in unclassified form, but may include a classified annex
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SUBTITLE I—MILITARY FAMILY READINESS AND DEPENDENTS’ EDUCATION
SEC. 581. FAMILY READINESS: DEFINITIONS; COMMUNICATION STRATEGY; REVIEW; REPORT.
(a) Definitions.—Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall act on recommendation one of the report, dated July 2019, of the National Academies of Science, Engineering and Medicine, titled “Strengthening the Military Family Readiness System for a Changing American Society”, by establishing definitions of “family well-being”, “family readiness”, and “family resilience” for use by the Department of Defense.
(b) Communication Strategy.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall—
(1) ensure that the Secretary of Defense has carried out section 561 of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 1781 note);
(2) implement a strategy to use of a variety of modes of communication to ensure the broadest means of communicating with military families; and
(3) establish a process to measure the effectiveness of the modes of communication described in paragraph (2).
(c) Review.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current programs, policies, services, resources, and practices of the Department for military families as outlined in recommendation four of the report described in subsection (a).
(d) Report.—Not later than 60 days after completing the review under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the results of the review and how the Secretary shall improve programs, policies, services, resources, and practices for military families, based on the review.
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“§ 8932. Ocean Policy Committee”.
(B) TABLE OF SECTIONS.—The table of sections 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 Ocean Policy Committee shall establish an Ocean Research Advisory Panel (in this section referred to as the ‘Advisory Panel’). The Advisory Panel shall consist of not fewer than 10 and not more than 18 members appointed by the co-chairs of the Committee, including each of the following:
“(A) Three members who represent the National Academies of Sciences, Engineering, and Medicine.
“(B) Members selected from among individuals who represent the views of ocean industries, State, tribal, territorial or local governments, academia, and such other views as the co-chairs consider appropriate.
“(C) Members selected from among individuals eminent in the fields of marine science, marine technology, 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 assign the following responsibilities to the Advisory Panel:
“(1) To advise the Committee on policies and procedures to implement the National Oceanographic Partnership Program.
“(2) To advise the Committee on matters relating to national oceanographic science, engineering, facilities, or resource requirements.
“(3) To advise the Committee on improving diversity, 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.
“(c) Meetings.—The Committee shall require the Advisory Panel to meet not less frequently than two times each year.
“(d) Administrative and Technical Support.—The Administrator of the National Oceanic and Atmospheric Administration shall provide to the Advisory Panel such administrative and technical support as the Advisory Panel may require.
“(e) Termination.—Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall terminate on January 1, 2040.”
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SEC. 1062. LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS OF HIGHER EDUCATION HOSTING CONFUCIUS INSTITUTES.
(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be provided to an institution of higher education that hosts a Confucius Institute, other than amounts provided directly to students as educational assistance.
(b) Waiver.—
(1) IN GENERAL.—The Secretary of Defense may waive the limitation under subsection (a) with respect to an institution of higher education if the Secretary, after consultation with the National Academies of Sciences, Engineering, and Medicine, determines such a waiver is appropriate.
(2) MANAGEMENT PROCESS.—If the Secretary issues a waiver under paragraph (1), the academic liaison designated pursuant to subsection (g) of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note), as amended by section 1299C of this Act, shall manage the waiver process on behalf of the Secretary.
(c) Effective Date.—The limitation under subsection (a) shall apply with respect to the first fiscal year that begins after the date that is 24 months after the date of the enactment of this Act and to any subsequent fiscal year.
(d) Definitions.—In this section:
(1) The term “Confucius Institute” means a cultural institute directly or indirectly funded by the Government of the People’s Republic of China.
(2) The term “institution of higher education” has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
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“SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS.
“(a) Initiative Required.—The Secretary of Defense shall, in consultation with other appropriate government organizations, establish an initiative to work with institutions of higher education who perform defense research and engineering activities—
“(1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security;
“(2) to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise; and
“(3) to support efforts toward development of domestic talent in relevant scientific and engineering fields.
“(b) Institutions and Organizations.—The initiative required by subsection (a) shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations.
“(c) Requirements.—The initiative required by subsection (a) shall include development of the following:
“(1) Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise.
“(2) Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that—
“(A) emphasizes best practices for protection of sensitive national security information;
“(B) includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats; and
“(C) includes requirements for appropriate senior officials of institutions of higher education to receive from appropriate Government agencies updated and periodic briefings that describe the espionage risks to academic institutions and associated personnel posed by technical intelligence gathering activities of near-peer strategic competitors.
“(3) The capacity of Government agencies and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs.
“(4) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services.
“(5) Regulations and procedures—
“(A) for Government agencies and academic organizations and personnel to support the goals of the initiative; and
“(B) that are consistent with policies that protect open and scientific exchange in fundamental research.
“(6) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs.
“(7) Initiatives to support the transition of the results of institution of higher education research programs into defense capabilities.
“(8)(A) A list of academic institutions of the People’s Republic of China, the Russian Federation, and other countries that—
“(i) have a history of improper technology transfer, intellectual
property theft, or cyber or human espionage;
“(ii) operate under
the direction of the military forces or intelligence agency of the
applicable country;
“(iii) are known—
“(I) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or
“(II) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or
“(iv) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available.
“(B) The list described in subparagraph (A) shall be developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations.
“(9)(A) A list, developed and continuously updated in consultation with the National Academies of Science, Engineering, and Medicine and the appropriate Government agencies, of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary.
“(B) In developing and updating such list, the Secretary shall consider—
“(i) the extent to which a foreign talent program—
“(I) poses a threat to research funded by the Department of Defense; and
“(II) engages in, or facilitates, cyber attacks, theft, espionage, attempts to gain ownership of or influence over companies, or otherwise interferes in the affairs of the United States; and
“(ii) any other factor the Secretary considers appropriate.
“(d) Procedures for Enhanced Information Sharing.—
“(1) COLLECTION OF INFORMATION.—
“(A) DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES.—Not later than October 1, 2020, for the purpose of maintaining appropriate security controls over research activities, technical information, and intellectual property, the Secretary, in conjunction with appropriate public and private entities, shall establish streamlined procedures to collect appropriate information relating to individuals, including United States citizens and foreign nationals, who participate in defense research and development activities.
“(B) FUNDAMENTAL RESEARCH PROGRAMS.—With respect to fundamental research programs, the academic liaison designated under subsection (g) shall establish policies and procedures to collect, consistent with the best practices of Government agencies that fund academic research, appropriate information relating to individuals who participate in fundamental research programs.
“(2) PROTECTION FROM RELEASE.—The procedures required by paragraph (1) shall include procedures to protect such information from release, consistent with applicable regulations.
“(3) REPORTING TO GOVERNMENT INFORMATION SYSTEMS AND REPOSITORIES.—The procedures required by paragraph (1) may include procedures developed, in coordination with appropriate public and private entities, to report such information to existing Government information systems and repositories.
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SEC. 1299I. ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM.
(a) Assessment.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Secretary of Energy, shall enter into an arrangement with the National Academy of Sciences—
(1) to conduct an assessment of strategies of the United States for preventing, countering, and responding to nuclear, biological, and chemical terrorism; and
(2) to make recommendations to improve such strategies.
(b) Matters to Be Included.—The assessment and recommendations required by subsection (a) shall address the adequacy of strategies described in such subsection and identify technical, policy, and resource gaps with respect to—
(1) identifying national and international nuclear, biological, and chemical risks, and critical emerging threats;
(2) preventing state-sponsored and non-state actors from acquiring or misusing the technologies, materials, and critical expertise needed to carry out nuclear, biological, and chemical attacks, including dual-use technologies, materials, and expertise;
(3) countering efforts by state-sponsored and non-state actors to carry out such attacks;
(4) responding to nuclear, biological, and chemical terrorism incidents to attribute their origin and help manage their consequences;
(5) budgets likely to be required to implement effectively such strategies; and
(6) other important matters that are directly relevant to such strategies.
(c) Report.—
(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that contains the assessment and recommendations required by subsection (a).
(2) FORM.—The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Affairs, Committee on Armed Services, and Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, Committee on Armed Services, and Select Committee on Intelligence of the Senate.
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SEC. 1622. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.
(a) In General.—The Director of National Intelligence, in coordination with the Under Secretary of Defense for Intelligence and Security, shall enter into a joint agreement with the Academies to create a new “National Academies Climate Security Roundtable” (in this section referred to as the “roundtable”).
(b) Participants.—The roundtable shall include—
(1) the members of the Climate Security Advisory Council established under section 120 of the National Security Act of 1947 (50 U.S.C. 3060);
(2) senior representatives and practitioners from Federal science agencies, elements of the intelligence community, and the Department of Defense, who are not members of the Council; and
(3) key stakeholders in the United States scientific enterprise, including institutions of higher education, Federal research laboratories (including the national security laboratories), industry, and nonprofit research organizations.
(c) Purpose.—The purpose of the roundtable is—
(1) to support the duties and responsibilities of the Climate Security Advisory Council under section 120(c) of the National Security Act of 1947 (50 U.S.C. 3060(c));
(2) to develop best practices for the exchange of data, knowledge, and expertise among elements of the intelligence community, elements of the Federal Government that are not elements of the intelligence community, and non-Federal researchers;
(3) to facilitate dialogue and collaboration about relevant collection and analytic priorities among participants of the roundtable with respect to climate security;
(4) to identify relevant gaps in the exchange of data, knowledge, or expertise among participants of the roundtable with respect to climate security, and consider viable solutions to address such gaps; and
(5) to provide any other assistance, resources, or capabilities that the Director of National Intelligence or the Under Secretary determines necessary with respect to the Council carrying out the duties and responsibilities of the Council under such section 120(c).
(d) Meetings.—The roundtable shall meet at least quarterly, in coordination with the meetings of the Climate Security Advisory Council under section 120(c)(1) of the National Security Act of 1947 (50 U.S.C. 3060(c)(1)).
(e) Reports and Briefings.—The joint agreement under subsection (a) shall specify that—
(1) the roundtable shall organize workshops, on at least a biannual basis, that include both participants of the roundtable and persons who are not participants, and may be conducted in classified or unclassified form in accordance with subsection (f);
(2) on a regular basis, the roundtable shall produce classified and unclassified reports on the topics described in subsection (c) and the activities of the roundtable, and other documents in support of the duties and responsibilities of the Climate Security Advisory Council under section 120(c) of the National Security Act of 1947 (50 U.S.C. 3060(c));
(3) the Academies shall provide recommendations by consensus to the Council on both the topics described in subsection (c) and specific topics as identified by participants of the roundtable;
(4) not later than March 1, 2021, and annually thereafter during the life of the roundtable, the Academies shall provide a briefing to the appropriate congressional committees on the progress and activities of the roundtable; and
(5) not later than September 30, 2025, the Academies shall submit a final report to the appropriate congressional committees on the activities of the roundtable.
(f) Security Clearances.—Each participant of the roundtable shall have a security clearance at the appropriate level to carry out the duties of the participant under this section. A person who is not a participant who attends a workshop under subsection (e)(1) is not required to have a security clearance, and the roundtable shall ensure that any such workshop is held at the appropriate classified or unclassified level.
(g) Termination.—The roundtable shall terminate on September 30, 2025.
(h) Definitions.—In this section:
(1) The term “Academies” means the National Academies of Sciences, Engineering, and Medicine.
(2) The term “appropriate congressional committees” means—
(A) the Committee on Science, Space, and Technology, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(3) The term “Federal science agency” means any agency or department of the Federal Government with at least $100,000,000 in basic and applied research obligations in fiscal year 2019.
(4) The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5) The term “national security laboratory” has the meaning given the term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
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SEC. 1663. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS COMMISSION ORDER 20-48.
(a) Agreement.—
(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for the National Academies to perform the services covered by this section.
(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 30 days after the date of the enactment of this Act.
(b) Independent Technical Review.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies under subsection (a), the National Academies shall carry out an independent technical review of the Order and Authorization adopted by the Federal Communications Commission on April 19, 2020 (FCC 20-48), to the extent that such Order and Authorization affects the devices, operations, or activities of the Department of Defense.
(2) ELEMENTS.—The independent technical review carried out under paragraph (1) shall include the following:
(A) Comparison of the two different approaches on which the Commission relied for the Order and Authorization described in paragraph (1) to evaluate the potential harmful interference concerns relating to Global Positioning System devices, with a recommendation on which method most effectively mitigates risks of harmful interference with Global Positioning System devices of the Department, or relating to or with the potential to affect the operations and activities of the Department.
(B) Assessment of the potential for harmful interference to mobile satellite services, including commercial services and Global Positioning System services of the Department, or relating to or with the potential to affect the operations and activities of the Department.
(C) Review of the feasibility, practicality, and effectiveness of the proposed mitigation measures relating to, or with the potential to affect, the devices, operations, or activities of the Department.
(D) Development of recommendations associated with the findings of the National Academies in carrying out the independent technical review.
(E) Such other matters as the National Academies determines relevant.
(c) Report.—
(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies under subsection (a), the National Academies, not later than 270 days after the date of the execution of such agreement, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the National Academies with respect to the independent technical review carried out under subsection (b) and the recommendations developed pursuant to such review.
(2) FORM.—The report submitted under paragraph (1) shall be submitted in a publicly releasable and unclassified format, but may include a classified annex.
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SEC. 3125. CONTINUED ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION.
(a) In General.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall—
(1) enter into an arrangement with a federally funded research and development center to conduct a follow-on analysis to the analysis required by section 3134 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2769) with respect to approaches for treating the portion of low-activity waste at the Hanford Nuclear Reservation, Richland, Washington, intended for supplemental treatment; and
(2) enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to review the follow-on analysis conducted under paragraph (1).
(b) Comparison of Alternatives to Aid Decisionmaking.—The analysis required by subsection (a)(1) shall be designed, to the greatest extent possible, to provide decisionmakers with the ability to make a direct comparison between approaches for the supplemental treatment of low-activity waste at the Hanford Nuclear Reservation based on criteria that are relevant to decisionmaking and most clearly differentiate between approaches.
(c) Elements.—The analysis required by subsection (a)(1) shall clearly lay out a framework of decisions to be made among the treatment technologies, waste forms, and disposal locations by including an assessment of the following:
(1) The most effective potential technology for supplemental treatment of low-activity waste that will produce an effective waste form, including an assessment of the following:
(A) The maturity and complexity of the technology.
(B) The
extent of previous use of the technology.
(C) The life cycle
costs and duration of use of the technology.
(D) The
effectiveness of the technology with respect to immobilization.
(E)
The performance of the technology expected under permanent
disposal.
(F) The topical areas of additional study required
for the grout option identified in the analysis required by section
3134 of the National Defense Authorization Act for Fiscal Year
2017.
(2) The differences among approaches for the supplemental treatment of low-activity waste considered as of the date of the analysis required by subsection (a)(1).
(3) The compliance of such approaches with the technical standards described in section 3134(b)(2)(D) of the National Defense Authorization Act for Fiscal Year 2017.
(4) The differences among potential disposal sites for the waste form produced through such treatment, including mitigation of radionuclides, including technetium-99, selenium-79, and iodine-129, on a system level.
(5) Potential modifications to the design of facilities to enhance performance with respect to disposal of the waste form to account for the following:
(A) Regulatory compliance.
(B) Public acceptance.
(C)
Cost.
(D) Safety.
(E) The expected radiation dose to
maximally exposed individuals over time.
(F) Differences among
disposal environments.
(6) Approximately how much and what type of pretreatment is needed to meet regulatory requirements regarding long-lived radionuclides and hazardous chemicals to reduce disposal costs for radionuclides described in paragraph (4).
(7) Whether the radionuclides can be left in the waste form or economically removed and bounded at a system level by the performance assessment of a potential disposal site and, if the radionuclides cannot be left in the waste form, how to account for the secondary waste stream.
(8) Other relevant factors relating to the technology described in paragraph (1), including the following:
(A) The costs and risks in delays with respect to tank performance
over time.
(B) Consideration of experience with treatment
methods at other sites and commercial facilities.
(C) Outcomes
of the test bed initiative of the Office of Environmental Management
at the Hanford Nuclear Reservation.
(d) Review, Consultation, Submission, and Limitations.—The provisions of subsections (c) through (f) of section 3134 of the National Defense Authorization Act for Fiscal Year 2017 shall apply with respect to the analysis required by subsection (a)(1) to the same extent and in the same manner that such provisions applied with respect to the analysis required by subsection (a) of such section 3134, except that subsection (e) of such section shall be applied and administered by substituting “the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021” for “the date of the enactment of this Act” each place it appears.
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Subtitle H—Other Matters
SEC. 3171. INDEPENDENT STUDY ON POTENTIAL ENVIRONMENTAL EFFECTS OF NUCLEAR WAR.
(a) Study.—The Administrator for Nuclear Security, in consultation with the Secretary of Defense and the Director of National Intelligence, shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies conduct a study on the environmental effects of nuclear war.
(b) Matters Included.—The study under subsection (a) shall include the following:
(1) An evaluation of the non-fallout atmospheric effects of plausible scenarios for nuclear war, ranging from low-quantity regional exchanges to large-scale exchanges between major powers.
(2) An examination of the effects evaluated under paragraph (1) by—
(A) the yield, type, and number of nuclear weapons;
(B) the types and locations of targets;
(C) the time distribution of the explosions;
(D) the atmospheric conditions; and
(E) other factors that may have a significant impact on the effects.
(3) An assessment of current models of nuclear explosions, including with respect to—
(A) the fires such explosions may cause;
(B) the atmospheric transport of the gases from such explosions;
(C) the radioactive material from such explosions; and
(D) the soot and other debris from such fires and explosions and the atmospheric, terrestrial, and marine consequences of such effects, including with respect to changes in weather patterns, airborne particulate concentrations, stratospheric ozone, agriculture, and long-term regional ecosystem viability.
(4) Identification of the capabilities and limitations of the models described in paragraph (3) for assessing the environmental effects of nuclear war, including—
(A) an evaluation of the relevant uncertainties;
(B) a highlight of the key data gaps; and
(C) recommendations for how such models can be improved to better inform decision making.
(c) Report.—
(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the National Academies shall submit to the Administrator, the Secretary, the Director, and the congressional defense committees a report on the study under subsection (a).
(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(d) Provision of Information.—
(1) SECRETARY OF DEFENSE.—The Secretary shall provide to the National Academies such information of the Department of Defense as is necessary for the National Academies to conduct the study under subsection (a), including information relating to relevant scenarios described in subsection (b).
(2) DIRECTOR OF NATIONAL INTELLIGENCE.—The Director shall provide to the National Academies such information on foreign adversary capabilities as is necessary for the National Academies to conduct the study under subsection (a), including information relating to relevant scenarios described in subsection (b).
SEC. 3172. REVIEW OF FUTURE OF COMPUTING BEYOND EXASCALE AT THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.—The Administrator for Nuclear Security, in consultation with the Secretary of Energy, shall enter into an agreement with the National Academy of Sciences to review the future of computing beyond exascale computing to meet national security needs at the National Nuclear Security Administration.
(b) Elements.—The review required by subsection (a) shall address the following:
(1) Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish during the 20 years after the date of the enactment of this Act.
(2) Computing architectures that potentially can meet those needs, including—
(A) classical computing architectures employed as of such date of enactment;
(B) quantum computing architectures and other novel computing architectures;
(C) hybrid combinations of classical and quantum computing architectures; and
(D) other architectures as necessary.
(3) The development of software for the computing architectures described in paragraph (2).
(4) The maturity of the computing architectures described in paragraph (2) and the software described in paragraph (3), with key obstacles that must be overcome for the employment of such architectures and software.
(5) The secure industrial base that exists as of the date of the enactment of this Act to meet the unique needs of computing at the National Nuclear Security Administration, including needs with respect to—
(A) personnel;
(B) microelectronics; and
(C) other appropriate matters.
(c) Information and Clearances.—The Administrator shall ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection (a) or conducting the review required by that subsection receive, in a timely manner, access to information and necessary security clearances to enable the conduct of the review.
(d) Report Required.—
(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the congressional defense committees a report on the findings of the review required by subsection (a).
(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e) Exascale Computing Defined.—In this section, the term “exascale computing” means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.
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SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY COMMITTEE.
(a) In General.—The Secretary of Commerce shall, in consultation with the Director of the Office of Science and Technology Policy, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, and the Director of National Intelligence establish an advisory committee to be known as the “National Artificial Intelligence Advisory Committee”.
(b) Qualifications.—The Advisory Committee shall consist of members, appointed by the Secretary of Commerce, who are representing broad and interdisciplinary expertise and perspectives, including from academic institutions, companies across diverse sectors, nonprofit and civil society entities, including civil rights and disability rights organizations, and Federal laboratories, who are representing geographic diversity, and who are qualified to provide advice and information on science and technology research, development, ethics, standards, education, technology transfer, commercial application, security, and economic competitiveness related to artificial intelligence.
(c) Membership Consideration.—In selecting the members of the Advisory Committee, the Secretary of Commerce shall seek and give consideration to recommendations from Congress, industry, nonprofit organizations, the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, and academic institutions), the defense and law enforcement communities, and other appropriate organizations.
(d) Duties.—The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative, including recommendations related to—
(1) the current state of United States competitiveness and leadership in artificial intelligence, including the scope and scale of United States investments in artificial intelligence research and development in the international context;
(2) the progress made in implementing the Initiative, including a review of the degree to which the Initiative has achieved the goals according to the metrics established by the Interagency Committee under section 5103(d)(2);
(3) the state of the science around artificial intelligence, including progress toward artificial general intelligence;
(4) issues related to artificial intelligence and the United States workforce, including matters relating to the potential for using artificial intelligence for workforce training, the possible consequences of technological displacement, and supporting workforce training opportunities for occupations that lead to economic self-sufficiency for individuals with barriers to employment and historically underrepresented populations, including minorities, Indians (as defined in 25 U.S.C. 5304), low-income populations, and persons with disabilities.
(5) how to leverage the resources of the initiative to streamline and enhance operations in various areas of government operations, including health care, cybersecurity, infrastructure, and disaster recovery;
(6) the need to update the Initiative;
(7) the balance of activities and funding across the Initiative;
(8) whether the strategic plan developed or updated by the Interagency Committee established under section 5103(d)(2) is helping to maintain United States leadership in artificial intelligence;
(9) the management, coordination, and activities of the Initiative;
(10) whether ethical, legal, safety, security, and other appropriate societal issues are adequately addressed by the Initiative;
(11) opportunities for international cooperation with strategic allies on artificial intelligence research activities, standards development, and the compatibility of international regulations;
(12) accountability and legal rights, including matters relating to oversight of artificial intelligence systems using regulatory and nonregulatory approaches, the responsibility for any violations of existing laws by an artificial intelligence system, and ways to balance advancing innovation while protecting individual rights; and
(13) how artificial intelligence can enhance opportunities for diverse geographic regions of the United States, including urban, Tribal, and rural communities.
SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT STUDY ON WORKFORCE.
(a) In General.—Not later than 90 days after the date of the enactment of this Act, the National Science Foundation shall enter into a contract with the National Research Council of the National Academies of Sciences, Engineering, and Medicine to conduct a study of the current and future impact of artificial intelligence on the workforce of the United States across sectors.
(b) Contents.—The study shall address—
(1) workforce impacts across sectors caused by the increased adoption of artificial intelligence, automation, and other related trends;
(2) workforce needs and employment opportunities generated by the increased adoption of artificial intelligence across sectors;
(3) research gaps and data needed to better understand and track paragraphs (1) and (2); and
(4) recommendations to address the challenges and opportunities described in paragraphs (1), (2), and (3).
(c) Stakeholders.—In conducting the study, the National Academies of Sciences, Engineering, and Medicine shall seek input from a wide range of stakeholders in the public and private sectors.
(d) Report to Congress.—The contract entered into under subsection (a) shall require the National Academies of Sciences, Engineering, and Medicine, not later than 2 years after the date of the enactment of this Act, to—
(1) submit to the Committee on Science, Space, and Technology and the Committee on Education and Labor of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Pension, and Labor of the Senate a report containing the findings and recommendations of the study conducted under subsection (a); and
(2) make a copy of such report available on a publicly accessible website.
SEC. 5106. NATIONAL AI RESEARCH RESOURCE TASK FORCE.
(a) Establishment of Task Force.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Director of the National Science Foundation, in coordination with the Office of Science and Technology Policy, shall establish a task force—
(i) to investigate the feasibility and advisability of establishing and
sustaining a National Artificial Intelligence Research Resource; and
(ii)
to propose a roadmap detailing how such resource should be established
and sustained.
(B) DESIGNATION.—The task force established by subparagraph (A) shall be known as the “National Artificial Intelligence Research Resource Task Force” (in this section referred to as the “Task Force”).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Task Force shall be composed of 12 members selected by the co-chairpersons of the Task Force from among technical experts in artificial intelligence or related subjects, of whom—
(i) 4 shall be representatives from the Interagency Committee
established in section 5103, including the co-chairpersons of the Task
Force;
(ii) 4 shall be representatives from institutions of higher
education; and
(iii) 4 shall be representatives from private
organizations.
(B) APPOINTMENT.—Not later than 120 days after enactment of this Act, the co-chairpersons of the Task Force shall appoint members to the Task Force pursuant to subparagraph (A).
(C) TERM OF APPOINTMENT.—Members of the Task Force shall be appointed for the life of the Task Force.
(D) VACANCY.—Any vacancy occurring in the membership of the Task Force shall be filled in the same manner in which the original appointment was made.
(E) CO-CHAIRPERSONS.—The Director of the Office of Science and Technology Policy and the Director of the National Sciences Foundation, or their designees, shall be the co-chairpersons of the Task Force. If the role of the Director of the National Science Foundation is vacant, the Chair of the National Science Board shall act as a co-chairperson of the Task Force.
(F) EXPENSES FOR NON-FEDERAL MEMBERS.—
(i) Except as provided in clause (ii), non-Federal Members of the Task
Force shall not receive compensation for their participation on the Task
Force.
(ii) Non-Federal Members of the Task Force shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Task Force.
(b) Roadmap and Implementation Plan.—
(1) IN GENERAL.—The Task Force shall develop a coordinated roadmap and implementation plan for creating and sustaining a National Artificial Intelligence Research Resource.
(2) CONTENTS.—The roadmap and plan required by paragraph (1) shall include the following:
(A) Goals for establishment and sustainment of a National Artificial Intelligence Research Resource and metrics for success.
(B) A plan for ownership and administration of the National Artificial Intelligence Research Resource, including—
(i) an appropriate agency or organization responsible for the implementation, deployment, and administration of the Resource; and
(ii) a governance structure for the Resource, including oversight and decision-making authorities.
(C) A model for governance and oversight to establish strategic direction, make programmatic decisions, and manage the allocation of resources;
(D) Capabilities required to create and maintain a shared computing infrastructure to facilitate access to computing resources for researchers across the country, including scalability, secured access control, resident data engineering and curation expertise, provision of curated data sets, compute resources, educational tools and services, and a user interface portal.
(E) An assessment of, and recommended solutions to, barriers to the dissemination and use of high-quality government data sets as part of the National Artificial Intelligence Research Resource.
(F) An assessment of security requirements associated with the National Artificial Intelligence Research Resource and its research and a recommendation for a framework for the management of access controls.
(G) An assessment of privacy and civil rights and civil liberties requirements associated with the National Artificial Intelligence Research Resource and its research.
(H) A plan for sustaining the Resource, including through Federal funding and partnerships with the private sector.
(I) Parameters for the establishment and sustainment of the National Artificial Intelligence Research Resource, including agency roles and responsibilities and milestones to implement the Resource.
(c) Consultations.—In conducting its duties required under subsection (b), the Task Force shall consult with the following:
(1) The National Science Foundation.
(2) The Office of Science and
Technology Policy.
(3) The National Academies of Sciences, Engineering, and
Medicine.
(4) The National Institute of Standards and Technology.
(5)
The Director of National Intelligence.
(6) The Department of
Energy.
(7) The Department of Defense.
(8) The General
Services Administration.
(9) The Department of Justice.
(10)
The Department of Homeland Security.
(11) The Department of Health
and Human Services.
(12) Private industry.
(13) Institutions
of higher education.
(14) Civil and disabilities rights
organizations.
(15) Such other persons as the Task Force considers
appropriate.
(d) Staff.—Staff of the Task Force shall comprise detailees with expertise in artificial intelligence, or related fields from the Office of Science and Technology Policy, the National Science Foundation, or any other agency the co-chairs deem appropriate, with the consent of the head of the agency.
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TITLE LIV—NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE ACTIVITIES
Sec. 5401. Artificial intelligence research and education.
SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION.
(a) In General.—the Director of the National Science Foundation shall fund research and education activities in artificial intelligence systems and related fields, including competitive awards or grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof).
(b) Uses of Funds.—In carrying out the activities under subsection (a), the Director of the National Science Foundation shall—
(1) support research, including interdisciplinary research, on artificial intelligence systems and related areas, including fields and research areas that will contribute to the development and deployment of trustworthy artificial intelligence systems, and fields and research areas that address the application of artificial intelligence systems to scientific discovery and societal challenges;
(2) use the existing programs of the National Science Foundation, in collaboration with other Federal departments and agencies, as appropriate to—
(A) improve the teaching and learning of topics related to artificial intelligence systems in K-12 education and postsecondary educational programs, including workforce training and career and technical education programs, undergraduate and graduate education programs, and in informal settings; and
(B) increase participation in artificial intelligence related fields, including by individuals identified in sections 33 and 34 of the Science and Engineering Equal Opportunity Act (42 U.S.C. 1885a, 1885b);
(3) support partnerships among institutions of higher education, Federal laboratories, nonprofit organizations, State, local, and Tribal governments, industry, and potential users of artificial intelligence systems that facilitate collaborative research, personnel exchanges, and workforce development and identify emerging research needs with respect to artificial intelligence systems;
(4) ensure adequate access to research and education infrastructure with respect to artificial intelligence systems, which may include the development of new computing resources and partnership with the private sector for the provision of cloud-based computing services;
(5) conduct prize competitions, as appropriate, pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719);
(6) coordinate research efforts funded through existing programs across the directorates of the National Science Foundation;
(7) provide guidance on data sharing by grantees to public and private sector organizations consistent with the standards and guidelines developed under section 22A(e) of the National Institute of Standards and Technology Act (as added by section 5301 of this division); and
(8) evaluate opportunities for international collaboration with strategic allies on artificial intelligence research and development.
(c) Engineering Support.—In general, the Director shall permit applicants to include in their proposed budgets funding for software engineering support to assist with the proposed research.
(d) Ethics.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) a number of emerging areas of research, including artificial intelligence, have potential ethical, social, safety, and security risks that might be apparent as early as the basic research stage;
(B) the incorporation of ethical, social, safety, and security considerations into the research design and review process for Federal awards may help mitigate potential harms before they happen;
(C) the National Science Foundation’s agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study and make recommendations with respect to governance of research in computing and computing technologies is a positive step toward accomplishing this goal; and
(D) the National Science Foundation should continue to work with stakeholders to understand and adopt policies that promote best practices for governance of research in emerging technologies at every stage of research.
(2) REPORT ON ETHICS STATEMENTS.—No later than 6 months after publication of the study described in paragraph (1)(C), the Director shall report to Congress on options for requiring an ethics or risk statement as part of all or a subset of applications for research funding to the National Science Foundation.
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SEC. 8108. POLAR SECURITY CUTTER ACQUISITION REPORT.
Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a report on—
(1) the extent to which specifications, key drawings, and detail design for the Polar Security Cutter are complete before the start of construction;
(2) the extent to which Polar Security Cutter hulls numbers one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar Security Cutter hull number four is science capable, as described in the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment letter report entitled “Acquisition and Operation of Polar Icebreakers: Fulfilling the Nation’s Needs” and dated July 11, 2017.
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SEC. 8249. COAST GUARD AUTHORITIES STUDY.
(a) In General.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of Coast Guard authorities.
(b) Assessment.—The assessment under subsection (a) shall provide—
(1) an examination of emerging issues that may require Coast Guard oversight, regulation, or action;
(2) a description of potential limitations and shortcomings of relying on current Coast Guard authorities to address emerging issues; and
(3) an overview of adjustments and additions that could be made to existing Coast Guard authorities to fully address emerging issues.
(c) Report to the Congress.—Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment under this section.
(d) Emerging Issues.—In this section, the term “emerging issues” means changes in the maritime industry and environment that in the determination of the National Academy of Sciences are reasonably likely to occur within 10 years after the date of the enactment of this Act, including—
(1) the introduction of new technologies in the maritime domain;
(2) the advent of new processes or operational activities in the maritime domain; and
(3) changes in the use of navigable waterways.
(e) Form.—The assessment required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
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SEC. 8254. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES AS CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS.
(a) GAO Report.—
(1) IN GENERAL.—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 Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the resources, regulations, policies, protocols, and other actions designed to carry out the Coast Guard Certificate of Compliance program with respect to liquefied natural gas tank vessels (including examinations under section 153.808 of title 46, Code of Federal Regulations) and vessels that carry bulk liquefied gases as cargo (including examinations under part 154 of title 46, Code of Federal Regulations) for purposes of maintaining the efficiency of examinations under that program.
(2) CONTENTS.—The report under paragraph (1) shall include an assessment of the adequacy of current Coast Guard resources, regulations, policies, and protocols to maintain vessel examination efficiency while carrying out the program referred to in paragraph (1) as United States bulk liquefied gases cargo, liquefied natural gas exports, and associated vessel traffic at United States ports increase.
(b) National Academies Study.—
(1) IN GENERAL.—Not later than 6 months after the date on which the report required under subsection (a) is submitted, the Commandant shall enter into an agreement with the National Academies under which the National Academies shall—
(A) conduct an evaluation of the constraints and challenges to maintaining examination efficiency under the program as United States bulk liquefied gases cargo, liquefied natural gas exports, and associated vessel traffic at United States ports increase; and
(B) issue recommendations for changes to resources, regulations, policies, and protocols to maintain the efficiency of the program, including analysis of the following alternatives:
(i) Establishment of a Coast Guard marine examination unit near the Panama Canal to conduct inspections under the program on liquefied natural gas tank vessels bound for the United States, similar to Coast Guard operations carried out by Coast Guard Activities Europe and Coast Guard Activities Far East, including the effects of the establishment of such a unit on the domestic aspects of the program.
(ii) Management of all marine examiners with gas carrier qualification within each Coast Guard District by a single Officer in Charge, Marine Inspection (as defined in section 50.10-10 of title 46, Code of Federal Regulations) to improve the efficiency of their vessel examination assignments.
(iii) Extension of the duration of assignment of marine examiners with a gas carrier qualification at Coast Guard units that most frequently inspect vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels.
(iv) Increase in the use of civilians to conduct and support examinations under the program.
(v) Extension of the duration of certificates of compliance under the program for vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels that are less than 10 years of age and participate in a Coast Guard vessel quality program.
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SEC. 8304. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended—
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“(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research.—
“(1) ESTABLISHMENT.—There is established an Interagency Coordinating Committee on Oil Pollution Research.
“(2) PURPOSE.—The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.
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“(d) Duties of the Interagency Committee.—
“(1) RESEARCH.—The Interagency Committee shall—
“(A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, States, Indian tribes, and other countries, as appropriate; and
“(B) foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research.
“(2) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.—
“(A) IMPLEMENTATION PLAN.—Not later than 180 days after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that—
“(i) identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities;
“(ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;
“(iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;
“(iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;
“(v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;
“(vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;
“(vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and
“(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.
“(B) ADVICE AND GUIDANCE.—
“(i) NATIONAL ACADEMY OF SCIENCES CONTRACT.—The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to—
“(I) provide advice and guidance in the preparation and development of the research plan;
“(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and
“(III) provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee.
“(ii) NIST ADVICE AND GUIDANCE.—The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section.
“(C) 10-YEAR UPDATES.—Not later than 10 years after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.”.
######
Subtitle B—Other Matters
SEC. 9411. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)) is amended by striking paragraph (3) and inserting the following new paragraph (3):
“(3) ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.—
######
“(C) OBJECTIVES.—The objectives of EPSCoR shall be—
“(i) to increase the number of researchers in eligible jurisdictions, especially at institutions of higher education, capable of performing nationally competitive science and engineering research in support of the mission of the Department of Energy in the areas of applied energy research, environmental management, and basic science;
“(ii) to improve science and engineering research and education programs at institutions of higher education in eligible jurisdictions and enhance the capabilities of eligible jurisdictions to develop, plan, and execute research that is competitive, including through investing in research equipment and instrumentation; and
“(iii) to increase the probability of long-term growth of competitive funding to eligible jurisdictions.
“(D) ELIGIBLE JURISDICTIONS.—
######
“(E) GRANTS IN AREAS OF APPLIED ENERGY RESEARCH, ENVIRONMENTAL MANAGEMENT, AND BASIC SCIENCE.—
“(i) IN GENERAL.—EPSCoR shall make grants to eligible jurisdictions to carry out and support applied energy research and research in all areas of environmental management and basic science sponsored by the Department of Energy, including—
“(I) energy efficiency, fossil energy, renewable energy, and other
applied energy research;
“(II) electricity delivery research;
“(III)
cybersecurity, energy security, and emergency response;
“(IV)
environmental management; and
“(V) basic science research.
“(ii) ACTIVITIES.—EPSCoR shall make grants under this subparagraph for activities consistent with the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in clause (i), including—
“(I) to support research that is carried out in partnership with the
National Laboratories;
“(II) to provide for graduate
traineeships;
“(III) to support research by early career faculty;
and
“(IV) to improve research capabilities through biennial
research implementation grants.
“(iii) NO COST SHARING.—EPSCoR shall not impose any cost-sharing requirement with respect to a grant made under this subparagraph, but may require letters of commitment from National Laboratories.
“(F) OTHER ACTIVITIES.—EPSCoR may carry out such activities as may be necessary to meet the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in subparagraph (E)(i).
“(G) PROGRAM IMPLEMENTATION.—
“(i) IN GENERAL.—Not later than 270 days after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a plan describing how the Secretary shall implement EPSCoR.
“(ii) CONTENTS OF PLAN.—The plan described in clause (i) shall include a description of—
“(I) the management structure of EPSCoR, which shall ensure that all
research areas and activities described in this paragraph are
incorporated into EPSCoR;
“(II) efforts to conduct outreach to
inform eligible jurisdictions and faculty of changes to, and
opportunities under, EPSCoR;
“(III) how EPSCoR plans to increase
engagement with eligible jurisdictions, faculty, and State committees,
including by holding regular workshops, to increase participation in
EPSCoR; and
“(IV) any other issues relating to EPSCoR that the Secretary determines appropriate.
“(H) PROGRAM EVALUATION.—
“(i) IN GENERAL.—Not later than 5 years after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall contract with a federally funded research and development center, the National Academy of Sciences, or a similar organization to carry out an assessment of the effectiveness of EPSCoR, including an assessment of—
“(I) the tangible progress made towards achieving the objectives
described in subparagraph (C);
“(II) the impact of research
supported by EPSCoR on the mission of the Department of Energy;
and
“(III) any other issues relating to EPSCoR that the
Secretary determines appropriate.
“(ii) LIMITATION.—The organization with which the Secretary contracts under clause (i) shall not be a National Laboratory.
“(iii) REPORT.—Not later than 6 years after the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Science, Space and Technology and the Committee on Appropriations of the House of Representatives a report describing the results of the assessment carried out under clause (i), including recommendations for improvements that would enable the Secretary to achieve the objectives described in subparagraph (C).”.
######
SEC. 9903. DEPARTMENT OF DEFENSE.
(a) Department of Defense Efforts.—
(1) IN GENERAL.—Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies (or other such partnerships of private-sector entities, as appropriate) to ensure the development and production of measurably secure microelectronics, including integrated circuits, logic devices, memory, and the packaging and testing practices that support these microelectronic components by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives may include the use of grants under section 9902, and providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States.
(2) RISK MITIGATION REQUIREMENTS.—A participant in a consortium formed with incentives under paragraph (1)—
(A) shall have the potential to enable design, perform fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined by the National Security Advisor and the Secretary of Defense;
(B) may be a fabless company migrating its designs to the facility envisioned in paragraph (1) or migrating to an existing facility onshore;
(C) may be companies, including fabless companies and companies that procure large quantities of microelectronics, willing to co-invest to achieve the objectives set forth in paragraph (1);
(D) shall include management processes to identify and mitigate supply chain security risks; and
(E) shall be capable of providing microelectronic components that are consistent with applicable measurably secure supply chain and operational security standards established under section 224(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92).
(3)NATIONAL SECURITY CONSIDERATIONS.—The Secretary of Defense and the Director of National Intelligence shall select participants for each consortium and or partnership formed with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider whether the companies—
(A) have participated in previous programs and projects of the Department of Defense, Department of Energy, or the intelligence community, including—
(i) the Trusted Integrated Circuit program of the Intelligence Advanced
Research Projects Activity;
(ii) trusted and assured
microelectronics projects, as administered by the Department of
Defense;
(iii) the Electronics Resurgence Initiative program of the
Defense Advanced Research Projects Agency; or
(iv) relevant
semiconductor research programs of the Advanced Research Projects
Agency-Energy;
(B) have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community;
(C) are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk, taking into account supply chain assurance vulnerabilities, counterintelligence risks, and any risks presented by companies whose beneficial owners are located outside the United States; and
(D) are evaluated periodically for foreign ownership, control, or influence by a foreign entity of concern.
(4) NONTRADITIONAL DEFENSE CONTRACTORS AND COMMERCIAL ENTITIES.—Arrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract, a grant, a cooperative agreement, a commercial agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement.
(5) IMPLEMENTATION.—Subject to the availability of appropriations for such purposes, the Secretary of Defense—
(A) shall carry out paragraph (1) jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment; and
(B) may carry out paragraph (1) in collaboration with any such other component of the Department of Defense as the Secretary of Defense considers appropriate.
(6) OTHER INITIATIVES.—
(A) REQUIRED INITIATIVES.—Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Energy and the Administrator of the National Nuclear Security Administration, as appropriate, may dedicate initiatives within the Department of Defense to carry out activities to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened microelectronics that support national security and dual-use applications.
(B) SUPPORT PLAN REQUIRED.—The Secretary of Defense, in consultation with the heads of appropriate departments and agencies of the Federal Government, shall develop a plan, including assessment of resource requirements and designation of responsible officials, for the maintenance of capabilities to produce trusted and assured microelectronics to support current and legacy defense systems, other government systems essential for national security, and critical infrastructure of the United States, especially for items with otherwise limited commercial demand.
(C) ASSESSMENT OF PUBLIC PRIVATE PARTNERSHIPS AND ACTIVITIES.—In conjunction with the activities carried out under this section, the Secretary of Defense shall enter into an agreement with the National Academies of Science, Engineering, and Medicine to undertake a study to make recommendations and provide policy options for optimal public-private partnerships and partnership activities, including an analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private capital, as well as an assessment of and response to the industrial policies of other nations to support industries in similar critical technology sectors, and deliver such study to the congressional defense committees not later than October 1, 2022.
(7) REPORTS.—
(A) REPORT BY SECRETARY OF DEFENSE.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraphs (1) and (6).
(B) BIENNIAL REPORTS BY COMPTROLLER GENERAL OF THE UNITED STATES.—Not later than one year after the date on which the Secretary submits the report required by subparagraph (A) and not less frequently than once every two years thereafter for a period of 10 years, the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection.
######
Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-related and defense-related fields (sec. 283)
The Senate amendment contained a provision (sec. 232) that would require the National Academies of Sciences, Engineering, and Medicine to conduct a study comparing methods for recruiting and retaining technology researchers, including financial incentives and academic opportunities, currently used by the U.S. and Chinese governments. The study would focus on incentives employed by China to bring researchers in American academic and government laboratories into Chinese talent programs and how these incentives diverge from those offered by the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify elements of the study and provide technical changes.
######
Traineeships for American leaders to excel in national technology and science
The House bill contained a provision (sec. 279) that would require the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, to establish a traineeship program to expand Department of Defense access to domestic scientific and technological talent in areas of strategic importance to national security.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for Research and Engineering, in consultation with the Director of the National Science Foundation, to provide a comparison and cost benefit analysis not later than 1 year after the date of enactment of this Act of the value, impact, and success of different training and educational models aimed at expanding Department of Defense access to domestic scientific and technological talent in areas of strategic importance to national security, including the core modernization priorities derived from the most recent national defense strategy provided under section 113(g) of title 10, United States Code.
The analysis should: (1) Consider the findings and recommendations in the National Academies of Science, Engineering and Medicine’s 2018 report on Graduate STEM Education for the 21st Century, and other relevant studies; (2) Assess various forms of scientific or technical educational assistance available to students; (3) Evaluate the value of educational cohorts in supporting educational missions; (4) Assess models that can best support and attract minority and lower income students, students at minority institutions, students underrepresented in STEM fields, and students from diverse regions of the country; and (5) Develop recommendations supportive of defense workforce and educational goals, including training and education of a high quality workforce in disciplines of strategic importance to national security.
######
SUBTITLE I—MILITARY FAMILY READINESS AND DEPENDENTS’ EDUCATION
Family readiness: definitions; communication strategy; review; report (sec. 581)
The House bill contained a provision (sec. 561) that would require the Secretary of Defense, in coordination with the Secretaries of the military departments, to define “military family readiness” and “military family resiliency” as well as implement a communications strategy to communicate with military families. The provision would also require a report on implementing recommendations from: (1) Chapter 3 of the report of the Inspector General of the Department of Defense for fiscal year 2020, “Ensuring Wellness and Wellbeing of Service-Members and their Families;” and (2) The report, dated July 2019, of the National Academies of Sciences, Engineering and Medicine, titled “Strengthening the Military Family Readiness System for a Changing American Society.”
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the Secretary of Defense, in coordination with the Secretaries of the military departments, to: (1) Act on recommendation one of the report, by the National Academies of Sciences, Engineering and Medicine, dated July 2019, titled “Strengthening the Military Family Readiness System for a Changing American Society,” by establishing definitions of “family well-being,” “family readiness,” and “family resilience;” and (2) Develop a communications strategy to ensure the broadest means of communicating with military families. The provision would also require the Secretary of Defense to conduct a review of current programs, policies, services, resources, and practices of the Department of Defense for military families, as outlined in recommendation four of the previously cited report conducted by the National Academies of Science, Engineering and Medicine, and submit a report on the findings of that review to the Committees on Armed Services of the Senate and the House of Representatives.
######
Study on the incidence of cancer diagnosis and mortality among military aviators and aviation support personnel (sec. 750)
The House bill contained a provision (sec. 739) that would require the Secretary of Defense to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on the incidence of cancer diagnosis and mortality among military aviators and aviation support personnel and to provide a report to the appropriate congressional committees within 2 years of the date of such agreement.
The Senate amendment contained a similar provision (sec. 754) that would require the Secretary of Defense to conduct a two-phased study, in conjunction with the National Institutes of Health and the National Cancer Institute, on cancer among aviators and aviation support personnel who served in the Armed Forces on or after February 28, 1961, and who receive benefits under chapter 55, United States Code. The Secretary would submit a report to the appropriate congressional committees on the findings of phase 1 of the study within 1 year of the date of the enactment of this Act. Finally, the Secretary would submit a report on phase 2 of the study, if conducted, to the same committees within 1 year of the date of submission of the first report.
The House recedes with a technical amendment.
######
Limitation on provision of funds to institutions of higher education hosting Confucius Institutes (sec. 1062)
The House bill contained a provision (sec. 1797) that would prohibit an institution of higher education or other postsecondary educational institution from being eligible to receive federal funds from the Department of Defense, other than educational assistance funds that are provided directly to students, unless the institution submits any contract or agreement between the institution and a Confucius Institute to the National Academies of Sciences, Engineering, and Medicine, and the National Academies of Sciences, Engineering, and Medicine issues a written determination that the contract or agreement includes clear provisions that protect academic freedom at the institution, prohibit the application of any foreign law on any campus of the institution, and grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute.
The Senate amendment contained a similar provision (sec. 1090).
The Senate recedes with a clarifying amendment.
The conferees believe that the academic liaison established in this section should manage the waiver process. The waivers should include that the institution of higher education has taken steps to:
(1) Protect academic freedom at the institution;
(2) Prohibit the application of any foreign law on any campus of the institution;
(3) Grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute; and
(4) Engage with the Academic Liaison Officer in the Under Secretary of Defense for Research and Engineering, and take appropriate measures to safeguard defense-funded fundamental research activities.
The Department of Defense academic liaison should work with academic stakeholders to the extent possible in implementing this provision and in the creation of a certification process.
The conferees direct the Secretary of Defense to brief the congressional defense committees on the establishment of the waiver process, including the institutions for which the waiver has been invoked, within 180 days after the enactment of this Act.
######
Assessment of weapons of mass destruction terrorism (sec. 1299I)
The House bill contained a provision (sec. 1299J) that would make it the policy of the United States to prevent the acquisition and use of weapons of mass destruction by malicious non-state actors. The provision would also express the sense of Congress that various means of international outreach are essential to the completion of this important mission. The provision would require the President, acting through the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the Director of National Intelligence, to prepare a report on the risks associated with weapons of mass destruction terrorism and provide a 5-year strategy for reducing said risks. The provision would further express the sense of Congress that the United States should expand international nuclear security programs as far as practicable. The provision would also require a separate report from the National Academy of Sciences on the prevention of weapons of mass destruction terrorism and authorize to be appropriated an additional $1.0 million for the conduct of such a report. Finally, the provision would require the President to provide a report on all ongoing United States Government cooperative threat reduction programs.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the statement of policy, both senses of Congress, the reporting requirement on weapons of mass destruction terrorism, and the reporting requirement on ongoing cooperative threat reduction programs. The National Academy of Sciences reporting requirement would be retained without the additional funding and with modifications to the timing of said reporting requirement.
The conferees direct the Secretary of Defense, in consultation with the Secretaries of Energy and State and in further consultation with the Director of National Intelligence, to provide a briefing to the appropriate congressional committees, no later than June 30, 2021, on efforts to implement the policies described in subsection (a) of the House provision as well as the approximate budget required to implement each such line of effort effectively over the next 5 years.
The briefing should consider an assessment of nuclear, radiological, biological, and chemical terrorism and foreign state risks and other emerging risks facing the United States and its allies by foreign state, state-affiliated, and non-state actors efforts. In particular, the briefing should consider the risk of biological threats, including the proliferation of biological weapons and the risk of accidental release of dangerous pathogens due to unsafe practices and facilities, as well as the risk of uncontrolled, naturally occurring disease outbreaks that may pose a threat to the United States or its Armed Forces or allies. The briefing shall address the status of national efforts to meet obligations to provide effective security and accounting for nuclear weapons and for all weapons-useable nuclear materials in foreign states that possess such weapons and materials.
The briefing shall propose a strategy to reduce the risk of nuclear, radiological, biological, and chemical terrorism over the next 5 years including a plan to prevent the proliferation of biological weapons, and expertise, which shall include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks.
The conferees note that the United States, to the extent practicable, should continue to work with international partners to reduce:
(1) Terrorist organization and other violent non-state actor access to the agents, precursors, and materials needed to produce weapons of mass destruction;
(2) The number of foreign states that possess weapons of mass destruction; and
(3) The global quantity of weapons of mass destruction.
######
Sense of Congress regarding biological threat reduction and cooperative biological engagement of the cooperative threat reduction program
The House bill contained a provision (sec. 1302) that would express the sense of Congress that biological threats are a critical emerging threat; continuing to use cooperative threat reduction programs to counter these threats is in the national security interest of the United States; and the Secretary of Defense and the Secretary of State should make every effort to prioritize and advance these processes in the future.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that:
(1) Keeping Americans safe means ensuring that global health security is prioritized as a national security issue;
(2) As highlighted by the 2017 National Security Strategy of the United States, biological threats, whether “deliberate attack, accident, or a natural outbreak,” are growing threats and “require actions to address them at their source” through programs carried out by cooperative engagement, such as working “with partners to ensure that laboratories that handle dangerous pathogens have in place safety and security measures;”
(3) The 2017 National Security Strategy of the United States appropriately affirms the importance of supporting advancements in biomedical innovation while mitigating harm caused by advanced bioweapons and capabilities;
(4) The intrinsically linked nature of biological threats, whether naturally occurring, accidental, or deliberate, underscores the relationship between the Global Health Security Strategy of the United States and the National Biodefense Strategy, and the national security tools used to prevent and mitigate these threats must be similarly connected;
(5) Biological threats are a critical emerging threat against the United States and addressing these threats through cooperative programs is an opportunity to achieve long-standing nonproliferation goals;
(6) Cooperative programs to address biological threats through improved global capacity in the areas of biosafety, biosecurity, bio-surveillance, research oversight, and related legislative and regulatory frameworks have become even more important as the world faces increasing availability of and advancements in biotechnology, which has broad dual use and proliferation implications;
(7) Under the Cooperative Threat Reduction Program of the Department of Defense established under the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.), the Congress authorized the Secretary of Defense to address such threats through activities to prevent, detect, and report on highly pathogenic diseases or other diseases, “regardless of whether such diseases are caused by biological weapons;”
(8) In 2014, President Obama declared the Ebola virus disease epidemic a national security priority and exercised the authority under such Program to build capacity that mitigated the imminent threat posed by the Ebola virus disease and established capabilities required to prevent future outbreaks;
(9) Many of the prevention, detection, and response capacities built in response to the Ebola virus disease epidemic are also those used to prevent, detect, and respond to the use of biological weapons abroad;
(10) Continuing to use cooperative engagement programs is in the national security interests of the United States because of the important relationships established between the United States and partner countries, which are based on ideals such as transparency, information sharing, and a shared responsibility in advancing global security;
(11) The recent coronavirus disease 2019 (COVID-19) global pandemic has illustrated the dire consequences resulting from a single disease that knows no boundaries, impacting the United States economy and the health of United States citizens and members of the Armed Forces, both domestically and abroad;
(12) In light of the impacts caused by COVID-19, and following two congressionally-mandated reports that call for better implementation of the biological cooperative engagement programs of the United States and the National Biodefense Strategy (the report published by the Government Accountability Office on March 11, 2020, titled “National Biodefense Strategy: Opportunities and Challenges with Early Implementation” and the report published by the National Academies of Sciences, Engineering, and Medicine on April 14, 2020, titled “A Strategic Vision for Biological Threat Reduction: The U.S. Department of Defense and Beyond”), it is of utmost importance that such programs are given due and increased prioritization for national security purposes; and
(13) The Secretary of Defense and the Secretary of State should make every effort to prioritize and advance the determination, concurrence, and notification processes under the Department of Defense Cooperative Threat Reduction Act to provide for necessary new country determinations in a timely manner and be responsive to emerging biological threats.
######
National Academies Climate Security Roundtable (sec. 1622)
The House bill contained a provision (sec. 1613) that would require the Under Secretary of Defense for Intelligence and Security, in coordination with the Director of National Intelligence, to enter into a joint agreement with the National Academies of Sciences to create a new “National Academies Climate Security Roundtable” for the purpose of establishing best practices for identifying and disseminating climate indicators and warnings to ensure that environmental security is included in operational planning and intelligence analysis. This roundtable would support the work of the Climate Security Advisory Council.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
######
Independent technical review of Federal Communications Commission Order 20-48 (sec. 1663)
The Senate amendment contained a provision (sec. 234) that would require the Secretary of Defense to enter into an agreement with the National Academies to undertake an independent technical review of Federal Communications Commission Order 20-48 insofar as the order may impact Department of Defense equipment and operations.
The House bill contains no similar provision.
The House recedes.
######
Continued analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation (sec. 3125)
The Senate amendment contained a provision (sec. 3144) that would require the Secretary of Energy to enter into a contract with a federally funded research and development center to conduct a follow-on study of the analysis required by section 3134 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) on approaches to treating low-activity waste at the Hanford Nuclear Reservation in eastern Washington. The provision would require the Secretary to submit this study, along with a review conducted by the National Academy of Sciences, to the congressional defense committees not later than 2 years after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the timeline for the provision and include an additional element for the required analysis.
######
SUBTITLE H—OTHER MATTERS
Independent study on potential environmental effects of nuclear war (sec. 3171)
The House bill contained a provision (sec. 3117) that would require the Administrator of the National Nuclear Security Administration to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on the non-fallout atmospheric effects of nuclear explosions. The study would assess the strengths and weaknesses of existing models in the areas of fire effects, soot generation and transport, radioactivity, and the atmospheric transfer of gasses. The provision would require the National Academies to submit a report on the study to the Administrator and the congressional defense committees no later than 18 months after the enactment of this Act. The provision would also require the Secretary of Defense to provide to the National Academies such information as necessary for the conduct of the study.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the study to be conducted in consultation with the Secretary of Defense and the Director of National Intelligence and would require the Director to provide to the National Academies such information as necessary for the conduct of the study.
Review of future of computing beyond exascale at the National Nuclear Security Administration (sec. 3172)
The Senate amendment contained a provision (sec. 3156) that would require the Administrator of the National Nuclear Security Administration (NNSA) to enter into an agreement with the National Academy of Sciences to conduct a review of the future of advanced computing at the NNSA. The review would cover alternative computing architectures, including quantum computing, and would require the Administrator to ensure that the personnel of the National Academy of Sciences receive access to necessary information and security clearances in a timely manner. The provision would require the National Academy to provide to the congressional defense committees a report on the findings of the review not later than 2 years after the date of the enactment of this Act.
The House bill contained no similar provision.
The House recedes.
######
Modifications to Inertial Confinement Fusion Ignition and High Yield Program
The Senate amendment contained a provision (sec. 3163) that would require the Inertial Confinement Fusion Ignition and High Yield Program of the National Nuclear Security Administration to provide certain capabilities required to validate the safety and effectiveness of the nuclear weapons stockpile. The provision would also require the Administrator for Nuclear Security to establish a working group to identify and implement recommendations issued by the National Academies of Sciences, Engineering, and Medicine as required by section 3137 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92). The provision would further require the Administrator to submit a report to the congressional defense committees, no later than March 31, 2021, on the timelines for completing implementation of these recommendations.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that the Administrator for Nuclear Security should establish a working group to identify and implement any recommendations issued by the National Academies of Sciences, Engineering, and Medicine as required by section 3137 of the National Defense Authorization Act for Fiscal Year 2020.
The conferees direct the Administrator to provide to the congressional defense committees a briefing on the status of implementation of the recommendations issued by the National Academies no later than March 31, 2021.
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