|The end-of-the-year funding package for FY 2021 is stuffed with technology policy changes.|
At the tail end of the calendar year 2020, Congress and the White House finally agreed on FY 2021 appropriations and further COVID-19 relief funding and policies, much of which implicated or involved technology policy. As is often the practice, Congressional stakeholders used the opportunity of must-pass legislation as the vehicle for other legislation that perhaps could not get through a chamber of Congress or surmount the now customary filibuster in the Senate.
Congress cleared the “Consolidated Appropriations Act, 2021” (H.R.133) on 21 December 2020, but President Donald Trump equivocated on whether to sign the package, in part, because it did not provide for $2,000 in aid to every American, a new demand at odds with the one his negotiators worked out with House Democrats and Senate Republicans. Given this disparity, it seems more likely Trump made an issue of the $2,000 assistance to draw attention from a spate of controversial pardons issued to Trump allies and friends. Nonetheless, Trump ultimately signed the package on 27 December.
As one of the only bills or set of bills to annually pass Congress, appropriations acts are often the means by which policy and programmatic changes are made at federal agencies through the ability of the legislative branch to condition the use of such funds as are provided. This year’s package is different only in that it contains much more in the way of ride-along legislation than the average omnibus. In fact, there are hundreds, perhaps even more than 1,000 pages of non-appropriations legislation, some that pertains to technology policy. Moreover, with an additional supplemental bill attached to the FY 2021 omnibus also carries significant technology funding and programming.
First, we will review FY 2021 funding and policy for key U.S. agencies, then discuss COVID-19 related legislation, and then finally all the additional legislation Congress packed into the omnibus.
The Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) would receive $2.025 billion, a bare $9 million increase above FY 2020 with significant reordering of how the agency may spend its funds:
- The agreement includes a net increase of $224,178,000 above the budget request. This includes $226,256,000 above the request to maintain current services, and $54,516,000 in enhancements that are described in more detail below. Assumed in the current services level of funding are several rejections of proposed reductions to prior year initiatives and the inclusion of necessary annualizations to sustain them, such as: $35,606,000 for threat analysis and response; $5,507,000 for soft targets and crowded places security, including school safety and best practices; $6,852,000 for bombing prevention activities, including the train-the-trainer programs; and $67,371,000 to fully fund the Chemical Facility Anti-Terrorism Standards program. The agreement includes the following reductions below the budget request: $6,937,000 for personnel cost adjustments; $2,500,000 of proposed increases to the CyberSentry program; $11,354,000 of proposed increases for the Vulnerability Management program; $2,000,000 of proposed increases to the Cybersecurity Quality Service Management Office (QSMO); $6,500,000 of proposed increases for cybersecurity advisors; and $27,303,000 for the requested increase for protective security advisors. Of the total amount provided for this account, $22,793,000 is available until September 30, 2022, for the National Infrastructure Simulation Analysis Center.
The FY 2021 omnibus requires of CISA the following:
- Financial Transparency and Accountability.-The Cybersecurity and Infrastructure Security Agency (CISA) is directed to submit the fiscal year 2022 budget request at the same level of PP A detail provided in the table at the end of this report with no further adjustments to the PP A structure. Further, CISA shall brief the Committees not later than 45 days after the date of enactment of this Act and quarterly thereafter on: a spend plan; detailed hiring plans with a delineation of each mission critical occupation (MCO); procurement plans for all major investments to include projected spending and program schedules and milestones; and an execution strategy for each major initiative. The hiring plan shall include an update on CISA’s hiring strategy efforts and shall include the following for each MCO: the number of funded positions and FTE within each PP A; the projected and obligated funding; the number of actual onboard personnel as of the date of the plan; and the hiring and attrition projections for the fiscal year.
- Cyber Defense Education and Training (CDET).-The agreement includes $29,457,000 for CISA’s CDET programs, an increase of$20,607,000 above the request that is described in further detail below. Efforts are underway to address the shortage of qualified national cybersecurity professionals in the current and future cybersecurity workforce. In order to move forward with a comprehensive plan for a cybersecurity workforce development effort, the agreement includes $10,000,000 above the request to enhance cybersecurity education and training and programs to address the national shortfall of cybersecurity professionals, including activities funded through the use of grants or cooperative agreements as needed in order to fully comply with congressional intent. CISA should consider building a higher education consortium of colleges and universities, led by at least one academic institution with an extensive history of education, research, policy, and outreach in computer science and engineering disciplines; existing designations as a land-grant institution with an extension role; a center of academic excellence in cyber security operations; a proven track record in hosting cyber corps programs; a record of distinction in research cybersecurity; and extensive experience in offering distance education programs and outreach with K-12 programs. The agreement also includes $4,300,000 above the request for the Cybersecurity Education and Training Assistance Program (CETAP), which was proposed for elimination, and $2,500,000 above the request to further expand and initiate cybersecurity education programs, including CETAP, which improve education delivery methods for K-12 students, teachers, counselors and post-secondary institutions and encourage students to pursue cybersecurity careers.
- Further, the agreement includes $2,500,000 above the request to support CISA’s role with the National Institute of Standards and Technology, National Initiative for Cybersecurity Education Challenge project or for similar efforts to address shortages in the cybersecurity workforce through the development of content and curriculum for colleges, universities, and other higher education institutions.
- Lastly, the agreement includes $800,000 above the request for a review of CISA’s program to build a national cybersecurity workforce. CISA is directed to enter into a contract for this review with the National Academy of Public Administration, or a similar non-profit organization, within 45 days of the date of enactment of this Act. The review shall assess: whether the partnership models under development by CISA are positioned to be effective and scalable to address current and anticipated needs for a highly capable cybersecurity workforce; whether other existing partnership models, including those used by other agencies and private industry, could usefully augment CISA’s strategy; and the extent to which CISA’s strategy has made progress on workforce development objectives, including excellence, scale, and diversity. A report with the findings of the review shall be provided to the Committees not later than 270 days after the date of enactment of this Act.
- Cyber QSMO.-To help improve efforts to make strategic cybersecurity services available to federal agencies, the agreement provides $1,514,000 above the request to sustain and enhance prior year investments. As directed in the House report and within the funds provided, CISA is directed to work with the Management Directorate to conduct a crowd-sourced security testing program that uses technology platforms and ethical security researchers to test for vulnerabilities on departmental systems. In addition, not later than 90 days after the date of enactment of this Act, CISA is directed to brief the Committees on opportunities for state and local governments to leverage shared services provided through the Cyber QSMO or a similar capability and to explore the feasibility of executing a pilot program focused on this goal.
- Cyber Threats to Critical Election Infrastructure.-The briefing required in House Report 116–458 regarding CISA’s efforts related to the 2020 elections shall be delivered not later than 60 days after the date of enactment of this Act. CISA is directed to continue working with SL TT stakeholders to implement election security measures.
- Cybersecurity Worliforce.-By not later than September 30, 2021, CISA shall provide a joint briefing, in conjunction with the Department of Commerce and other appropriate federal departments and agencies, on progress made to date on each recommendation put forth in Executive Order 13800 and the subsequent “Supporting the Growth and Sustainment of the Nation’s Cybersecurity Workforce” report.
- Hunt and Incident Response Teams.-The agreement includes an increase of $3,000,000 above fiscal year 2020 funding levels to expand CISA’s threat hunting capabilities.
- Joint Cyber Planning Office (JCPO).-The agreement provides an increase of $10,568,000 above the request to establish a JCPO to bring together federal and SLTT governments, industry, and international partners to strategically and operationally counter nation-state cyber threats. CISA is directed to brief the Committees not later than 60 days after the date of enactment of this Act on a plan for establishing the JCPO, including a budget and hiring plan; a description of how JCPO will complement and leverage other CISA capabilities; and a strategy for partnering with the aforementioned stakeholders.
- Multi-State Information Sharing and Analysis Center (MS-ISAC).-The agreement provides $5,148,000 above the request for the MS-ISAC to continue enhancements to SLTT election security support, and furthers ransomware detection and response capabilities, including endpoint detection and response, threat intelligence platform integration, and malicious domain activity blocking.
- Software Assurance Tools.-Not later than 90 days after the date of enactment of this Act, CISA, in conjunction with the Science and Technology Directorate, is directed to brief the Committees on their collaborative efforts to transition cyber-related research and development initiatives into operational tools that can be used to provide continuous software assurance. The briefing should include an explanation for any completed projects and activities that were not considered viable for practice or were considered operationally self-sufficient. Such briefing shall include software assurance projects, such as the Software Assurance Marketplace.
- Updated Lifecycle Cost Estimates.–CISA is directed to provide a briefing, not later than 60 days after the date of enactment of this Act, regarding the Continuous Diagnostics and Mitigation (COM) and National Cybersecurity Protection System (NCPS) program lifecycles. The briefing shall clearly describe the projected evolution of both programs by detailing the assumptions that have changed since the last approved program cost and schedule baseline, and by describing the plans to address such changes. In addition, the briefing shall include an analysis of alternatives for aligning vulnerability management, incident response, and NCPS capabilities. Finally, CISA is directed to provide a report not later than 120 days after the date of enactment of this Act with updated five-year program costs and schedules which is congruent with projected capability gaps across federal civilian systems and networks.
- Vulnerability Management.-The agreement provides $9,452,000 above fiscal year 2020 levels to continue reducing the 12-month backlog in vulnerability assessments. The agreement also provides an increase of $8,000,000 above the request to address the increasing number of identified and reported vulnerabilities in the software and hardware that operates critical infrastructure. This investment will improve capabilities to identify, analyze, and share information about known vulnerabilities and common attack patterns, including through the National Vulnerability Database, and to expand the coordinated responsible disclosure of vulnerabilities.
There are a pair of provisions aimed at the People’s Republic of China (PRC) in Division B (i.e. the FY 2021 Commerce-Justice-Science Appropriations Act):
- Section 514 prohibits funds for acquisition of certain information systems unless the acquiring department or agency has reviewed and assessed certain risks. Any acquisition of such an information system is contingent upon the development of a risk mitigation strategy and a determination that the acquisition is in the national interest. Each department or agency covered under section 514 shall submit a quarterly report to the Committees on Appropriations describing reviews and assessments of risk made pursuant to this section and any associated findings or determinations.
- Section 526 prohibits the use of funds by National Aeronautics and Space Administration (NASA), Office of Science and Technology Policy (OSTP), or the National Space Council (NSC) to engage in bilateral activities with China or a Chinese-owned company or effectuate the hosting of official Chinese visitors at certain facilities unless the activities are authorized by subsequent legislation or NASA, OSTP, or NSC have made a certification…
The National Institute of Standards and Technology (NIST) is asked with a number of duties, most of which relate to current or ongoing efforts in artificial intelligence (AI), cybersecurity, and the Internet of Things:
- Artificial Intelligence (Al). -The agreement includes no less than $6,500,000 above the fiscal year 2020 level to continue NIST’s research efforts related to AI and adopts House language on Data Characterization Standards in Al. House language on Framework for Managing AI Risks is modified to direct NIST to establish a multi-stakeholder process for the development of an Al Risk Management Framework regarding the reliability, robustness, and trustworthiness of Al systems. Further, within 180 days of enactment of this Act, NIST shall establish the process by which it will engage with stakeholders throughout the multi-year framework development process.
- Cybersecurity.-The agreement includes no less than the fiscal year 2020 enacted level for cybersecurity research, outreach, industry partnerships, and other activities at NIST, including the National Cybersecurity Center of Excellence (NCCoE) and the National Initiative for Cybersecurity Education (NICE). Within the funds provided, the agreement encourages NIST to establish additional NICE cooperative agreements with regional alliances and multi-stakeholder partnerships for cybersecurity workforce and education.
- Cybersecurity of Genomic Data.-The agreement includes no less than $1,250,000 for NIST and NCCoE to initiate a use case, in collaboration with industry and academia, to research the cybersecurity of personally identifiable genomic data, with a particular focus on better securing deoxyribonucleic acid sequencing techniques, including clustered regularly interspaced short palindromic repeat (CRISPR) technologies, and genomic data storage architectures from cyber threats. NIST and NCCoE should look to partner with entities who have existing capability to research and develop state-of-the-art cybersecurity technologies for the unique needs of genomic and biomedical-based systems.
- Industrial Internet of Things (IIoT).-The agreement includes no less than the fiscal year 2020 enacted amount for the continued development of an IloT cybersecurity research initiative and to partner, as appropriate, with academic entities and industry to improve the sustainable security of IloT devices in industrial settings.
NIST would receive a modest increase in funding from $1.034 billion to $1.0345 billion from the last fiscal year to the next.
The National Telecommunications and Information Administration (NTIA) would be provided $45.5 million and “the agreement provides (1) up to $7,500,000 for broadband mapping in coordination with the Federal Communications Commission (FCC); (2) no less than the fiscal year 2020 enacted amount for Broadband Programs; (3) $308,000 for Public Safety Communications; and (4) no less than $3,000,000 above the fiscal year 2020 enacted level for Advanced Communications Research.” The agency’s funding for FY 2021 is higher than the last fiscal year at a bit more than $40 million but far less than the Trump Administration’s request of more than $70 million.
Regarding NTIA programmatic language, the bill provides:
- Further, the agreement directs the additional funds for Advanced Communications Research be used to procure and maintain cutting-edge equipment for research and testing of the next generation of communications technologies, including 5G, as well as to hire staff as needed. The agreement further encourages NTIA to improve the deployment of 5G and spectrum sharing through academic partnerships to accelerate the development of low-cost sensors. For fiscal year 2021, NTIA is directed to follow prior year report language, included in Senate Report 116-127 and adopted in Public Law 116-93, on the following topics: Federal Spectrum Management, Spectrum Management for Science, and the Internet Corporation for Assigned Names and Numbers (ICANN).
- Spectrum Management System.-The agreement encourages NTIA and the Department to consider alternative proposals to fully fund the needed upgrades to its spectrum management system, including options outside of direct appropriations, and is directed to brief the Committees regarding possible alternative options no later than 90 days after enactment of this Act.
- Next Generation Broadband in Rural Areas.-NTIA is encouraged to ensure that deployment of last-mile broadband infrastructure is targeted to areas that are currently unserved or underserved, and to utilize public-private partnerships and projects where Federal funding will not exceed 50 percent of a project’s total cost where practicable.
- National Broadband Map Augmentation.-NTIA is directed to engage with rural and Tribal communities to further enhance the accuracy of the national broadband availability map. NTIA should include in its fiscal year 2022 budget request an update on rural-and Tribal-related broadband availability and access trends, challenges, and Federal actions to achieve equitable access to broadband services in currently underserved communities throughout the Nation. Furthermore, NTIA is encouraged, in coordination with the FCC, to develop and promulgate a standardized process for collecting data from State and local partners.
- Domain Name Registration.-NTIA is directed, through its position within the Governmental Advisory Committee to work with ICANN to expedite the establishment of a global access model that provides law enforcement, intellectual property rights holders, and third parties with timely access to accurate domain name registration information for legitimate purposes. NTIA is encouraged, as appropriate, to require registrars and registries based in the United States to collect and make public accurate domain name registration information.
The Federal Trade Commission (FTC) would receive $351 million, an increase of $20 million over FY 2020. The final bill includes this policy provision for the FTC to heed:
- Resources for Data Privacy and Security. -The agreement urges the FTC to conduct a comprehensive internal assessment measuring the agency’s current efforts related to data privacy and security while separately identifying all resource-based needs of the FTC to improve in these areas. The agreement also urges the FTC to provide a report describing the assessment’s findings to the Committees within 180 days of enactment of this Act.
The Federal Communications Commission (FCC) would see a larger increase in funding for agency operations than the FTC, going from $339 million in FY 2020 to $374 million in FY 2021. However, $33 million of the increase is earmarked for implementing the “Broadband DATA Act” (P.L.116-130) along with the $65 million in COVID-19 supplemental funding for the same purpose. The FY 2021 omnibus directs the FCC on a range of policy issues:
- Broadband Maps.-In addition to adopting the House report language on Broadband Maps, the agreement provides substantial dedicated resources for the FCC to implement the Broadband DATA Act. The FCC is directed to submit a report to the Committees on Appropriations within 90 days of enactment of this Act providing a detailed spending plan for these resources. In addition, the FCC, in coordination with the NTIA, shall outline the specific roles and responsibilities of each agency as it relates to the National Broadband Map and implementation of the Broadband DATA Act. The FCC is directed to report in writing to the Committees every 30 days on the date, amount, and purpose of any new obligation made for broadband mapping and any updates to the broadband mapping spending plan.
- Lifeline Service. In lieu of the House report language on Lifeline Service, the agreement notes recent action by the FCC to partially waive its rules updating the Lifeline program’s minimum service standard for mobile broadband usage in light of the large increase to the standard that would have gone into effect on Dec. I, 2020, and the increased reliance by Americans on mobile broadband as a result of the pandemic. The FCC is urged to continue to balance the Lifeline program’s goals of accessibility and affordability.
- 5G Fund and Rural America.-The agreement remains concerned about the feasible deployment of 5G in rural America. Rural locations will likely run into geographic barriers and infrastructure issues preventing the robust deployment of 5G technology, just as they have faced with 4G. The FCC’s proposed 5G Fund fails to provide adequate details or a targeted spend plan on creating seamless coverage in the most rural parts of the Nation. Given these concerns, the FCC is directed to report in writing on: (1) its current and future plans fix prioritizing deployment of 4G coverage in rural areas, (2) its plans for 5G deployment in rural areas, and (3) its plan for improving the mapping and long-term tracking of coverage in rural areas.
- 6 Gigahertz. -As the FCC has authorized unlicensed use of the 6 gigahertz band, the agreement expects the Commission to ensure its plan does not result in harmful interference to incumbent users or impact critical infrastructure communications systems. The agreement is particularly concerned about the potential effects on the reliability of the electric transmission and distribution system. The agreement expects the FCC to ensure any mitigation technologies are rigorously tested and found to be effective in order to protect the electric transmission system. The FCC is directed to provide a report to the Committees within 90 days of enactment of this Act on its progress in ensuring rigorous testing related to unlicensed use of the 6 gigahertz band. Rural Broadband-The agreement remains concerned that far too many Americans living in rural and economically disadvantaged areas lack access to broadband at speeds necessary to fully participate in the Internet age. The agreement encourages the agency to prioritize projects in underserved areas, where the infrastructure to be installed provides access at download and upload speeds comparable to those available to Americans in urban areas. The agreement encourages the FCC to avoid efforts that could duplicate existing networks and to support deployment of last-mile broadband infrastructure to underserved areas. Further, the agreement encourages the agency to prioritize projects financed through public-private partnerships.
- Contraband Cell Phones. -The agreement notes continued concern regarding the exploitation of contraband cell phones in prisons and jails nationwide. The agreement urges the FCC to act on the March 24, 2017 Further Notice of Proposed Rulemaking regarding combating contraband wireless devices. The FCC should consider all legally permissible options, including the creation, or use, of “quiet or no service zones,” geolocation-based denial, and beacon technologies to geographically appropriate correctional facilities. In addition, the agreement encourages the FCC to adopt a rules-based approach to cellphone disabling that would require immediate disabling by a wireless carrier upon proper identification of a contraband device. The agreement recommends that the FCC move forward with its suggestion in the Fiscal Year 2019 report to this Committee, noting that “additional field testing of jamming technology will provide a better understanding of the challenges and costs associated with the proper deployment of jamming system.” The agreement urges the FCC to use available funds to coordinate rigorous Federal testing of jamming technology and coordinate with all relevant stakeholders to effectively address this urgent problem.
- Next-Generation Broadband Networks/or Rural America-Deployment of broadband and telecommunications services in rural areas is imperative to support economic growth and public safety. However, due to geographical challenges facing mobile connectivity and fiber providers, connectivity in certain areas remains challenging. Next generation satellite-based technology is being developed to deliver direct satellite to cellular capability. The FCC is encouraged to address potential regulatory hurdles, to promote private sector development and implementation of innovative, next generation networks such as this, and to accelerate broadband and telecommunications access to all Americans.
$635 million is provided for a Department of Agriculture rural development pilot program, and he Secretary will need to explain how he or she will use authority provided in the last farm bill to expand broadband:
- The agreement provides $635,000,000 to support the ReConnect pilot program to increase access to broadband connectivity in unserved rural communities and directs the Department to target grants and loans to areas of the country with the largest broadband coverage gaps. These projects should utilize technology that will maximize coverage of broadband with the most benefit to taxpayers and the rural communities served. The agreement notes stakeholder concerns that the ReConnect pilot does not effectively recognize the unique challenges and opportunities that different technologies, including satellite, provide to delivering broadband in noncontiguous States or mountainous terrain and is concerned that providing preference to 100 mbps symmetrical service unfairly disadvantages these communities by limiting the deployment of other technologies capable of providing service to these areas.
- The Agriculture Improvement Act of 2018 (Public Law 115-334) included new authorities for rural broadband programs that garnered broad stakeholder support as well as bipartisan, bicameral agreement in Congress. Therefore, the Secretary is directed to provide a report on how the Department plans to utilize these authorities to deploy broadband connectivity to rural communities.
In Division M of the package, the “Coronavirus Response and Relief Supplemental Appropriations Act, 2021,” there are provisions related to broadband policy and funding. The bill created a $3.2 billion program to help low-income Americans with internet service and buying devices for telework or distance education. The “Emergency Broadband Benefit Program” is established at the FCC, “under which eligible households may receive a discount of up to $50, or up to $75 on Tribal lands, off the cost of internet service and a subsidy for low-cost devices such as computers and tablets” according to a House Appropriations Committee summary. This funding is far short of what House Democrats wanted. And yet, this program aims to help those on the wrong side of the digital divide during the pandemic.
Moreover, this legislation also establishes two grant programs at the NTIA, designed to help provide broadband on tribal lands and in rural areas. $1 billion is provided for the former and $300 million for the latter with the funds going to tribal and state and local governments to obtain services from private sector providers. The $1 billion for tribal lands allows for greater flexibility in what the funds are ultimately spent on with the $320 million for underserved rural areas being restricted to broadband deployment. Again, these funds are aimed at bridging the disparity in broadband service exposed and exacerbated during the pandemic.
Congress also provided funds for the FCC to reimburse smaller telecommunications providers in removing and replacing risky telecommunications equipment from the People’s Republic of China (PRC). Following the enactment of the “Secure and Trusted Communications Networks Act of 2019” (P.L.116-124) that codified and added to a FCC regulatory effort to address the risks posed by Huawei and ZTE equipment in United States (U.S.) telecommunications networks, there was pressure in Congress to provide the funds necessary to help carriers meet the requirements of the program. The FY 2021 omnibus appropriates $1.9 billion for this program. In another but largely unrelated tranche of funding, the aforementioned $65 million given to the FCC to undertake the “Broadband DATA Act.”
Division Q contains text similar to the “Cybersecurity and Financial System Resilience Act of 2019” (H.R.4458) that would require “the Board of Governors of the Federal Reserve System, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, and National Credit Union Administration to annually report on efforts to strengthen cybersecurity by the agencies, financial institutions they regulate, and third-party service providers.”
Division U contains two bills pertaining to technology policy:
- Title I. The AI in Government Act of 2020. This title codifies the AI Center of Excellence within the General Services Administration to advise and promote the efforts of the federal government in developing innovative uses of artificial intelligence (AI) and competency in the use of AI in the federal government. The section also requires that the Office of Personnel Management identify key skills and competencies needed for federal positions related to AI and establish an occupational series for positions related to AI.
- Title IX. The DOTGOV Act. This title transfers the authority to manage the .gov internet domain from the General Services Administration to the Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security. The .gov internet domain shall be available to any Federal, State, local, or territorial government entity, or other publicly controlled entity, subject to registration requirements established by the Director of CISA and approved by the Director of the Office of Management and Budget.
Division W is the FY 2021 Intelligence Authorization Act with the following salient provisions:
- Section 323. Report on signals intelligence priorities and requirements. Section 323 requires the Director of National Intelligence (DNI) to submit a report detailing signals intelligence priorities and requirements subject to Presidential Policy Directive-28 (PPD-28) that stipulates “why, whether, when, and how the United States conducts signals intelligence activities.” PPD-28 reformed how the National Security Agency (NSA) and other Intelligence Community (IC) agencies conducted signals intelligence, specifically collection of cellphone and internet data, after former NSA contractor Edward Snowden exposed the scope of the agency’s programs.
- Section 501. Requirements and authorities to improve education in science, technology, engineering, arts, and mathematics. Section 501 ensures that the Director of the Central Intelligence Agency (CIA) has the legal authorities required to improve the skills in science, technology, engineering, arts, and mathematics (known as STEAM) necessary to meet long-term national security needs. Section 502. Seedling investment in next-generation microelectronics in support of artificial intelligence. Section 502 requires the DNI, acting through the Director of the Intelligence Advanced Research Projects Activity, to award contracts or grants, or enter into other transactions, to encourage microelectronics research.
- Section 601. Report on attempts by foreign adversaries to build telecommunications and cybersecurity equipment and services for, or to provide them to, certain U.S. Section 601 requires the CIA, NSA, and DIA to submit a joint report that describes the United States intelligence sharing and military posture in Five Eyes countries that currently have or intend to use adversary telecommunications or cybersecurity equipment, especially as provided by China or Russia, with a description of potential vulnerabilities of that information and assessment of mitigation options.
- Section 602. Report on foreign use of cyber intrusion and surveillance technology. Section 602 requires the DNI to submit a report on the threats posed by foreign governments and foreign entities using and appropriating commercially available cyber intrusion and other surveillance technology.
- Section 603. Reports on recommendations of the Cyberspace Solarium Commission. Section 603 requires the ODNI and representatives of other agencies to report to Congress their assessment of the recommendations submitted by the Cyberspace Solarium Commission pursuant to Section 1652(j) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019, and to describe actions that each agency expects to take to implement these recommendations.
- Section 604. Assessment of critical technology trends relating to artificial intelligence, microchips, and semiconductors and related matters. Section 604 requires the DNI to complete an assessment of export controls related to artificial intelligence (AI), microchips, advanced manufacturing equipment, and other AI-enabled technologies, including the identification of opportunities for further cooperation with international partners.
- Section 605. Combating Chinese influence operations in the United States and strengthening civil liberties protections. Section 605 provides additional requirements to annual reports on Influence Operations and Campaigns in the United States by the Chinese Communist Party (CCP) by mandating an identification of influence operations by the CCP against the science and technology sector in the United States. Section 605 also requires the FBI to create a plan to increase public awareness of influence activities by the CCP. Finally, section 605 requires the FBI, in consultation with the Assistant Attorney General for the Civil Rights and the Chief Privacy and Civil Liberties Officer of the Department of Justice, to develop recommendations to strengthen relationships with communities targeted by the CCP and to build trust with such communities through local and regional grassroots outreach.
- Section 606. Annual report on corrupt activities of senior officials of the CCP. Section 606 requires the CIA, in coordination with the Department of Treasury’s Office of Intelligence and Analysis and the FBI, to submit to designated congressional committees annually through 2025 a report that describes and assesses the wealth and corruption of senior officials of the CCP, as well as targeted financial measures, including potential targets for sanctions designation. Section 606 further expresses the Sense of Congress that the United States should undertake every effort and pursue every opportunity to expose the corruption and illicit practices of senior officials of the CCP, including President Xi Jinping.
- Section 607. Report on corrupt activities of Russian and other Eastern European oligarchs. Section 607 requires the CIA, in coordination with the Department of the Treasury’s Office of Intelligence and Analysis and the FBI, to submit to designated congressional committees and the Under Secretary of State for Public Diplomacy, a report that describes the corruption and corrupt or illegal activities among Russian and other Eastern European oligarchs who support the Russian government and Russian President Vladimir Putin, and the impact of those activities on the economy and citizens of Russia. Section 607 further requires the CIA, in coordination with the Department of Treasury’s Office of Intelligence and Analysis, to describe potential sanctions that could be imposed for such activities. Section 608. Report on biosecurity risk and disinformation by the CCP and the PRC. Section 608 requires the DNI to submit to the designated congressional committees a report identifying whether and how CCP officials and the Government of the People’s Republic of China may have sought to suppress or exploit for national advantage information regarding the novel coronavirus pandemic, including specific related assessments. Section 608 further provides that the report shall be submitted in unclassified form, but may have a classified annex.
- Section 612. Research partnership on activities of People’s Republic of China. Section 612 requires the Director of the NGA to seek to enter into a partnership with an academic or non-profit research institution to carry out joint unclassified geospatial intelligence analyses of the activities of the People’s Republic of China that pose national security risks to the United States, and to make publicly available unclassified products relating to such analyses.
Division Z would tweak a data center energy efficiency and energy savings program overseen by the Secretary of Energy and the Administrator of the Environmental Protection Agency that could impact the Office of Management and Budget’s (OMB) government-wide program. Specifically, “Section 1003 requires the development of a metric for data center energy efficiency, and requires the Secretary of Energy, Administrator of the Environmental Protection Agency (EPA), and Director of the Office of Management and Budget (OMB) to maintain a data center energy practitioner program and open data initiative for federally owned and operated data center energy usage.” There is also language that would require the U.S. government to buy and use more energy-efficient information technology (IT): “each Federal agency shall coordinate with the Director [of OMB], the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies at or for facilities owned and operated by the Federal agency, taking into consideration the performance goals.”
Division FF contains telecommunications provisions:
- Section 902. Don’t Break Up the T-Band Act of 2020. Section 902 repeals the requirement for the FCC to reallocate and auction the 470 to 512megahertz band, commonly referred to as the T-band. In certain urban areas, the T-band is utilized by public-safety entities. It also directs the FCC to implement rules to clarify acceptable expenditures on which 9-1- 1 fees can be spent, and creates a strike force to consider how the Federal Government can end 9-1-1 fee diversion.
- Section 903. Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand (ACCESS BROADBAND) Act. Section 903 establishes the Office of Internet Connectivity and Growth (Office) at the NTIA. This Office would be tasked with performing certain responsibilities related to broadband access, adoption, and deployment, such as performing public outreach to promote access and adoption of high-speed broadband service, and streamlining and standardizing the process for applying for Federal broadband support. The Office would also track Federal broadband support funds, and coordinate Federal broadband support programs within the Executive Branch and with the FCC to ensure unserved Americans have access to connectivity and to prevent duplication of broadband deployment programs.
- Section 904. Broadband Interagency Coordination Act. Section 904 requires the Federal Communications Commission (FCC), the National Telecommunications and Information Administration (NTIA), and the Department of Agriculture to enter into an interagency agreement to coordinate the distribution of federal funds for broadband programs, to prevent duplication of support and ensure stewardship of taxpayer dollars. The agreement must cover, among other things, the exchange of information about project areas funded under the programs and the confidentiality of such information. The FCC is required to publish and collect public comments about the agreement, including regarding its efficacy and suggested modifications.
- Section 905. Beat CHINA for 5G Act of 2020. Section 905 directs the President, acting through the Assistant Secretary of Commerce for Communications and Information, to withdraw or modify federal spectrum assignments in the 3450 to 3550 megahertz band, and directs the FCC to begin a system of competitive bidding to permit non-Federal, flexible-use services in a portion or all of such band no later than December 31, 2021.
Section 905 would countermand the White House’s efforts to auction off an ideal part of spectrum for 5G (see here for analysis of the August 2020 announcement). Congressional and a number of Trump Administration stakeholders were alarmed by what they saw as a push to bestow a windfall on a private sector company in the rollout of 5G.
Title XIV of Division FF would allow the FTC to seek civil fines of more than $43,000 per violation during the duration of the public health emergency arising from the pandemic “for unfair and deceptive practices associated with the treatment, cure, prevention, mitigation, or diagnosis of COVID–19 or a government benefit related to COVID-19.”
Finally, Division FF is the vehicle for the “American COMPETES Act” that:
directs the Department of Commerce and the FTC to conduct studies and submit reports on technologies including artificial intelligence, the Internet of Things, quantum computing, blockchain, advanced materials, unmanned delivery services, and 3-D printing. The studies include requirements to survey each industry and report recommendations to help grow the economy and safely implement the technology.
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