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April 26, 2024

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Senate version of defense bill contains numerous cyber provisions based on Solarium report, setting up talks with House

By Charlie Mitchell / July 24, 2020

The Senate on Thursday approved its version of the annual defense policy bill with over a dozen recommendations from the Cyberspace Solarium Commission folded in, following action on the House version earlier in the week that also advanced multiple Solarium-based provisions.

“Twenty-nine different [Solarium] legislative recommendations -- with some edits and changes -- are reflected in the two NDAA bills: 11 in both the House and Senate bills, 12 in the House bill alone, and six in the Senate bill alone,” a Senate source told Inside Cybersecurity. One common element is extending the Solarium Commission for at least a year to help build support for its recommendations and maximize effectiveness.

The House version of the fiscal 2021 National Defense Authorization Act passed on Tuesday and included creation of a National Cyber Director, among the Solarium Commission proposals that made it into that version. The National Cyber Director was not included in the Senate version.

Collectively the bills contain language: “Strengthening CISA,” including giving the agency administrative subpoena power; “Assessing the establishment of a cyber reserve”; requiring Defense Industrial Base companies to participate in a threat intelligence program; and assessing threats to National Security Systems that are “rooted in quantum computing.”

Solarium executive director Mark Montgomery said, "The Commission is impressed with the work done so far in the House and Senate, and we appreciate the great support of the SASC and HASC and the many other House and Senate committees that oversee cybersecurity activities.”

Montgomery said, "There is more work to do as the two Chambers head into conference and there is no guarantee that any specific legislation will happen, but we will work hard to support the conference and get as many of these provisions as possible in the final legislation over the next month. We value all of these provisions but we remain particularly interested in seeing the National Cyber Director and the Continuity of the Economy planning provisions in the final legislation."

Following passage of the Senate’s NDAA bill, Armed Services Chairman Senator Jim Inhofe (R-OK) said in a statement: “For 60 years, Congress has fulfilled a sacred responsibility to all Americans -- especially to our troops and their families -- through the National Defense Authorization Act. Right now, the main challenge to our security comes from authoritarian regimes that stand against these values -- namely, China and Russia -- and this bill stands up for our people and our democratic values.”

Armed Services ranking member Jack Reed (D-RI) said, “I salute Chairman Inhofe for his bipartisan leadership. The FY 2021 NDAA strengthens our military and bolsters our capacity to effectively defend America from evolving security challenges. Notably, this bipartisan bill will improve our strategic advantages by investing in integrated technologies and platforms that improve deterrence. Mindful of new risks, as well as unfolding and unprecedented unemployment and budget challenges, Congress must wisely invest every defense dollar in a cost-effective and forward-looking manner. This bipartisan NDAA is an important step toward that goal.”

The committee touted elements of the bill “Advancing the Department of Defense’s cybersecurity strategy, including implementing recommendations from the Cyberspace Solarium Commission.”

Among other cyber-related provisions is language “Increasing federal incentives for semiconductor manufacturing to enable advanced research and development, secure the supply chain, and ensure long-term national security and economic competitiveness”; and “Improving small business programs, mitigating risks of foreign ownership of defense contractors, and strengthening manufacturing capabilities, to support increasing domestic innovation and industrial production in areas that contribute to national security and economic growth.”

Senate Intelligence ranking member Mark Warner (D-VA) highlighted language on encouraging domestic development of next-generation telecom technologies.

“This bill also makes critical investments in competing with China when it comes to next-generation 5G wireless technology by providing funding and a model for alternative, Western-driven innovation using an open-architecture, or Open-RAN, model. I’m also pleased that Congress recognizes the need to secure our supply chain and bolster domestic manufacturing of semiconductors,” he said.

Warner’s office in a statement said, “The defense bill prioritizes U.S. innovation and technology development in the area of 5G and semiconductors, to compete with countries like China. As a former technology and telecommunications executive, Sen. Warner has pushed the Administration to develop a strategy to maintain our advantages in technological innovation, as well as to lead on 5G. Earlier this year, Sen. Warner teamed up with a bipartisan group of leading national security Senators to introduce the Utilizing Strategic Allied (USA) Telecommunications Act, a bill that would provide a $1 billion investment in Western-based alternatives to Chinese equipment providers such as Huawei and ZTE. Last month, Sen. Warner along with Sen. John Cornyn (R-TX) introduced legislation to bring semiconductor manufacturing back to American soil by increasing federal incentives to stimulate advanced chip manufacturing, enable cutting-edge research and development, secure the supply chain, bring greater transparency to the microelectronics ecosystem, create American jobs, and ensure long-term national security. Language drawing on both proposals was included in the Senate-passed NDAA.”

The Senate NDAA bill also includes the fiscal 2021 Intelligence Authorization Act. -- Charlie Mitchell (cmitchell@iwpnews.com)