Plan on remediation of certain equipment and computational facilities owned or controlled by a foreign adversary
Division B — Military Construction Authorizations › Title XXVIII — Military Construction General Provisions › Subtitle D — Other Matters
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(a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Northern Command and the Secretaries of the military departments and in consultation with the Secretary of Energy, shall submit to the congressional defense committees a plan to identify, prioritize, and remediate, to the standards established under sections 394, 2815, and 2920 of title 10, United States Code, the presence of covered equipment and covered computational facilities owned or controlled by a foreign adversary in the electric grid of the United States. (b) Elements The plan required under subsection (a) shall include— (1) an assessment of the risks to the national defense and security of the United States posed by covered equipment owned or controlled by a foreign adversary, components, systems, and technologies related to such equipment, and covered computational facilities owned or controlled by a foreign adversary, including risks to— (A) military installations and defense critical electric infrastructure (as defined in section 215A of the Federal Power Act (16 U.S.C. 824o–1)); (B) continuity of operations for critical missions of the Department of Defense; and (C) the reliability and resilience of the bulk-power system; (2) criteria for prioritizing remediation actions based on risk to military operations, including proximity to covered military installations and entities of the defense industrial base, and the criticality of affected infrastructure; (3) a remediation strategy, coordinated with relevant State governments— (A) to remove, replace, or otherwise mitigate, to the standards established under sections 2815 and 2920 of title 10, United States Code, covered equipment, components, systems, and technologies related to such equipment, and computational facilities; (B) to incorporate secure and trusted alternatives to such equipment, components, systems, technologies, and facilities, including weapons protection, standard manufactured components, and software; and (C) to minimize disruption to grid operations; and (4) such other information and plans as the Secretary determines relevant. (c) Form The plan required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Annual funding, equipment, and personnel requirements Beginning in the fiscal year 2028 budget cycle, and annually thereafter, the Commander of the United States Northern Command shall submit to the Secretary and the congressional defense committees an annual budget estimating the funding required to execute the plan submitted under subsection (a). (e) Definitions In this section: (1) Control The term control has the meaning given that term in section 800.208 of title 31, Code of Federal Regulations, or any successor regulations. (2) Covered computational facility (A) In general Subject to subparagraph (B), the term covered computational facility means a facility used to operate computing equipment in support of continuous, automated computational operations. (B) Issuance of guidance (i) In general Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Commander of the United States Northern Command, shall issue guidance to further define the term covered computational facility for purposes of this section. (ii) Annual update Not less frequently than annually, the Secretary, in consultation with the Commander of the United States Northern Command, shall, as appropriate, update guidance under clause (i) in response to technical developments, legal, regulatory, and institutional barriers, and newly identified threats and risks. (3) Covered equipment The term covered equipment means any equipment that— (A) is capable of connecting to the internet, a local area network, a wide area network, or any other communications network, whether through wired or wireless means, regardless of ownership or operational control by the government or private industry; (B) contains software, firmware, or hardware that is remotely updatable or remotely accessible; (C) is otherwise susceptible to unauthorized access, exploitation, or manipulation through a network-connected vector, including through embedded components, supply chain vulnerabilities, or third-party software dependencies; and (D) is directly connected to the grid, the electric distribution system of a military installation or entity of the defense industrial base, or connected to the grid through a transformer, and can be accessed or communicated with via power line or other communication, or that can be physically accessed. (4) Foreign adversary The term foreign adversary has the meaning given the term covered nation in section 4872(f) of title 10, United States Code. (5) Secretary The term Secretary means the Secretary of Defense.