Text of Amendments to S. 4049 — Congressional Record, Senate
Summary
Congressional Record, Senate, June 25, 2020, at S3326. The page lists amendments submitted to S. 4049, to 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, each ordered to lie on the table. The list includes SA 2194, submitted by Mr. Johnson. Under Text of Amendments, it prints SA 1796, submitted by Mr. Rounds.
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“Text of Amendments to S. 4049 — Congressional Record, Senate.”
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S3326 CONGRESSIONAL RECORD — SENATE June 25, 2020
SA 2194. Mr. JOHNSON submitted an to the bill S. 4049, supra; which was ordered ‘‘(3) flown as part of an established Junior
amendment intended to be proposed by him to lie on the table. Reserve Officers’ Training Corps (JROTC)
to the bill S. 4049, supra; which was ordered SA 2213. Mr. TILLIS submitted an amend- program; or
to lie on the table. ment intended to be proposed by him to the ‘‘(4) flown as part of an educational pro-
SA 2195. Mr. JOHNSON submitted an bill S. 4049, supra; which was ordered to lie gram that is chartered by a recognized com-
amendment intended to be proposed by him on the table. munity-based organization (as defined in
to the bill S. 4049, supra; which was ordered f subsection (h) of such section).’’.
to lie on the table.
SA 2196. Mr. SCHUMER submitted an TEXT OF AMENDMENTS SA 1798. Mr. JONES submitted an
amendment intended to be proposed by him
SA 1796. Mr. ROUNDS submitted an amendment intended to be proposed by
to the bill S. 4049, supra; which was ordered him to the bill S. 4049, to authorize ap-
to lie on the table. amendment intended to be proposed by
him to the bill S. 4049, to authorize ap- propriations for fiscal year 2021 for
SA 2197. Mr. RUBIO (for himself and Mr.
WARNER) submitted an amendment intended propriations for fiscal year 2021 for military activities of the Department
to be proposed by him to the bill S. 4049, military activities of the Department of Defense, for military construction,
supra; which was ordered to lie on the table. of Defense, for military construction, and for defense activities of the De-
SA 2198. Mr. CRAPO (for himself, Mr. and for defense activities of the De- partment of Energy, to prescribe mili-
BROWN, Mr. COTTON, Mr. WARNER, Mr.
partment of Energy, to prescribe mili- tary personnel strengths for such fiscal
ROUNDS, Mr. JONES, Mr. MORAN, Mr. MENEN- year, and for other purposes; which was
DEZ, and Mr. KENNEDY) submitted an amend- tary personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as follows:
ment intended to be proposed by him to the
ordered to lie on the table; as follows: At the end of subtitle H of title V, add the
bill S. 4049, supra; which was ordered to lie
following:
on the table. At the end of subtitle G of title X, add the SEC. lll. REPORT ON IMPLEMENTATION OF
SA 2199. Mr. REED submitted an amend- following: THE RECOMMENDATIONS OF THE
ment intended to be proposed by him to the SEC. 10ll. CONSISTENCY OF DEADLINES FOR MILITARY LEADERSHIP DIVERSITY
bill S. 4049, supra; which was ordered to lie FILING CLAIMS FOR REIMBURSE- COMMISSION.
on the table. MENT OR PAYMENT FROM DEPART- (a) REPORT REQUIRED.—Not later than 180
SA 2200. Ms. HARRIS submitted an amend- MENT OF VETERANS AFFAIRS FOR days after the date of the enactment of this
ment intended to be proposed by her to the EMERGENCY TREATMENT FUR-
Act, the Secretary of Defense shall submit to
bill S. 4049, supra; which was ordered to lie NISHED TO VETERANS.
the Committees on Armed Services of the
on the table. (a) IN GENERAL.—The Secretary of Vet- Senate and the House of Representatives a
SA 2201. Mr. CRUZ (for himself, Ms. erans Affairs shall modify the regulations report on the implementation by the Depart-
SINEMA, Mr. WICKER, and Ms. CANTWELL) sub- implementing sections 1725 and 1728 of title ment of Defense and the Armed Forces of the
mitted an amendment intended to be pro- 38, United States Code, to ensure that the recommendations of the Military Leadership
posed by him to the bill S. 4049, supra; which deadline for filing claims for reimbursement Diversity Commission as set forth in the
was ordered to lie on the table. or payment for emergency treatment cov- final report of the Commission entitled
SA 2202. Mr. RISCH submitted an amend- ered by such sections— ‘‘From Representation to Inclusion: Diver-
ment intended to be proposed by him to the (1) provides the same period of time for the sity Leadership for the 21st Century Mili-
bill S. 4049, supra; which was ordered to lie filing of a claim covered under either sec- tary’’ and dated March 15, 2011.
on the table. tion; and (b) ELEMENTS.—The report required by sub-
SA 2203. Mr. INHOFE (for himself and Mr. (2) is not earlier than the date that is two section (a) shall include the following:
MORAN) submitted an amendment intended years after the latest date on which such (1) A description of each recommendation
to be proposed by him to the bill S. 4049, treatment was provided. in the final report referred to in that sub-
supra; which was ordered to lie on the table. (b) EMERGENCY TREATMENT DEFINED.—In section.
SA 2204. Mr. INHOFE submitted an amend- this section, the term ‘‘emergency treat- (2) For each such recommendation, a de-
ment intended to be proposed by him to the ment’’ has the meaning given that term in scription and assessment of the implementa-
bill S. 4049, supra; which was ordered to lie section 1725(f) of title 38, United States Code. tion of such recommendation by the Depart-
on the table. ment of Defense and the Armed Forces, in-
SA 2205. Mr. SULLIVAN submitted an SA 1797. Mr. JONES (for himself and cluding an assessment whether progress re-
amendment intended to be proposed by him Mr. SULLIVAN) submitted an amend- mains to be made in the implementation of
to the bill S. 4049, supra; which was ordered ment intended to be proposed by him such recommendation.
to lie on the table. (3) A description and assessment of the
SA 2206. Mr. BARRASSO (for himself, Mr.
to the bill S. 4049, to authorize appro-
priations for fiscal year 2021 for mili- progress of the Department and the Armed
WHITEHOUSE, Mr. CARPER, Mrs. CAPITO, Mr. Forces in achieving diversity in the leader-
CRAMER, Mr. COONS, Mr. HOEVEN, Mr. tary activities of the Department of
ship of the Armed Forces.
ROUNDS, and Mr. MANCHIN) submitted an Defense, for military construction, and
(4) A description and assessment of areas
amendment intended to be proposed by him for defense activities of the Depart- in which the Armed Forces are making insuf-
to the bill S. 4049, supra; which was ordered ment of Energy, to prescribe military ficient progress in achieving diversity in the
to lie on the table. personnel strengths for such fiscal leadership of the Armed Forces, an assess-
SA 2207. Mr. HOEVEN (for himself, Mr. year, and for other purposes; which was ment of the causes of such lack of progress,
UDALL, Mr. BARRASSO, Ms. MURKOWSKI, Ms.
ordered to lie on the table; as follows: and recommendations for actions to be un-
MCSALLY, Mr. TESTER, Mr. SCHATZ, Mr.
At the appropriate place, insert the fol- dertaken to address such lack of progress.
CRAMER, Ms. SMITH, and Mr. DAINES) sub-
lowing: (5) Such other matters in connection with
mitted an amendment intended to be pro-
diversity in leadership of the Armed Forces
posed by him to the bill S. 4049, supra; which SEC. ll. IMPROVING THE AUTHORITY FOR OP-
ERATIONS OF UNMANNED AIRCRAFT as the Secretary considers appropriate.
was ordered to lie on the table.
SA 2208. Ms. McSALLY submitted an FOR EDUCATIONAL PURPOSES.
Section 350 of the FAA Reauthorization
SA 1799. Mr. ENZI (for himself and
amendment intended to be proposed by her
Act of 2018 (Public Law 115–254; 49 U.S.C 44809 Mr. SCOTT of Florida) submitted an
to the bill S. 4049, supra; which was ordered
to lie on the table. note) is amended amendment intended to be proposed by
SA 2209. Mrs. FISCHER (for herself, Mr. (1) in the section heading, by striking ‘‘AT him to the bill S. 4049, to authorize ap-
SCHATZ, Mr. GARDNER, and Mr. BOOKER) sub- INSTITUTIONS OF HIGHER EDUCATION’’ and in- propriations for fiscal year 2021 for
mitted an amendment intended to be pro- serting ‘‘FOR EDUCATIONAL PURPOSES’’; and military activities of the Department
posed by her to the bill S. 4049, supra; which (2) in subsection (a)— of Defense, for military construction,
was ordered to lie on the table. (A) by striking ‘‘aircraft system operated and for defense activities of the De-
SA 2210. Mr. SCHATZ (for himself and Mr. by’’ and inserting the following: ‘‘aircraft
system—
partment of Energy, to prescribe mili-
THUNE) submitted an amendment intended to
be proposed by him to the bill S. 4049, supra; ‘‘(1) operated by’’; tary personnel strengths for such fiscal
which was ordered to lie on the table. (B) in paragraph (1), as added by subpara- year, and for other purposes; which was
SA 2211. Mr. CARDIN submitted an amend- graph (A), by striking the period at the end ordered to lie on the table; as follows:
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ment intended to be proposed by him to the and inserting a semicolon; and At the end of subtitle G of title VIII, add
bill S. 4049, supra; which was ordered to lie (C) by adding at the end the following: the following:
on the table. ‘‘(2) flown as part of the established cur- SEC. 894. LISTING OF OTHER TRANSACTION AU-
SA 2212. Mr. SCOTT, of Florida (for him- riculum of an elementary school or sec- THORITY CONSORTIA.
self, Mr. MURPHY, Mrs. BLACKBURN, Mr. ondary school (as such terms are defined in Beginning not later than 90 days after the
BLUMENTHAL, Mr. COTTON, Mr. RUBIO, Mr. section 8101 of the Elementary and Sec- date of the enactment of this Act, the Sec-
HAWLEY, and Ms. MCSALLY) submitted an ondary Education Act of 1965 (20 U.S.C. retary of Defense shall maintain on the gov-
amendment intended to be proposed by him 7801)); ernment-wide point of entry for contracting
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3327
opportunities, Beta.SAM.gov (or any suc- ‘‘(IV) financial management; and the appropriate committees of Congress a
cessor system), a list of the consortia used ‘‘(ii) a detailed description of each indi- study on the utility of providing elements of
by the Department of Defense to announce cator assessed under subparagraph (A), in- the intelligence community of the Depart-
or otherwise make available contracting op- cluding an indication of— ment of Defense, other than the National
portunities using other transaction author- ‘‘(I) the limitations of available survey Geospatial-Intelligence Agency, personnel
ity (OTA). data; management authority to attract experts in
‘‘(II) how resident satisfaction and mainte- science and engineering under section 1599h
SA 1800. Mr. WARNER submitted an nance management is calculated; and of title 10, United States Code.
amendment intended to be proposed by ‘‘(III) whether data is missing; and (2) DEFINITIONS.—In this subsection:
him to the bill S. 4049, to authorize ap- ‘‘(B) information’’; and (A) APPROPRIATE COMMITTEES OF CON-
propriations for fiscal year 2021 for (C) in paragraph (2), by striking ‘‘para- GRESS.—The term ‘‘appropriate committees
military activities of the Department graph (1)’’ and inserting ‘‘paragraph (1)(B)’’. of Congress’’ means—
(b) CLERICAL AMENDMENT.—The table of (i) the Committee on Armed Services and
of Defense, for military construction, sections at the beginning of subchapter V of the Select Committee on Intelligence of the
and for defense activities of the De- chapter 169 of such title is amended by strik- Senate; and
partment of Energy, to prescribe mili- ing the item relating to section 2891c and in- (ii) the Committee on Armed Services and
tary personnel strengths for such fiscal serting the following new item: the Permanent Select Committee on Intel-
year, and for other purposes; which was ‘‘2891c. Transparency regarding finances and ligence of the House of Representatives.
ordered to lie on the table; as follows: performance metrics.’’. (B) INTELLIGENCE COMMUNITY.—The term
At the end of subtitle H of title V, add the ‘‘intelligence community’’ has the meaning
following: SA 1802. Mr. WARNER submitted an given such term in section 3 of the National
SEC. lll. QUESTIONS REGARDING RACISM, amendment intended to be proposed by Security Act of 1947 (50 U.S.C. 3003).
ANTI-SEMITISM, AND SUPREMACISM him to the bill S. 4049, to authorize ap-
IN WORKPLACE SURVEYS ADMINIS- SA 1803. Mr. WARNER submitted an
TERED BY THE SECRETARY OF DE-
propriations for fiscal year 2021 for amendment intended to be proposed by
FENSE. military activities of the Department him to the bill S. 4049, to authorize ap-
Section 593 of the National Defense Au- of Defense, for military construction, propriations for fiscal year 2021 for
thorization Act for Fiscal Year 2020 (Public and for defense activities of the De- military activities of the Department
Law 116–92) is amended— partment of Energy, to prescribe mili- of Defense, for military construction,
(1) by inserting ‘‘(a) QUESTIONS REQUIRED.— tary personnel strengths for such fiscal and for defense activities of the De-
’’ before ‘‘The Secretary’’; year, and for other purposes; which was
(2) in paragraph (1), by inserting ‘‘, racist, partment of Energy, to prescribe mili-
ordered to lie on the table; as follows: tary personnel strengths for such fiscal
anti-Semitic, or supremacist’’ after ‘‘extrem-
ist’’; and At the end of subtitle A of title XI, add the year, and for other purposes; which was
(3) by adding at the end the following new following: ordered to lie on the table; as follows:
subsection: SEC. ll. INCLUSION OF NATIONAL GEOSPATIAL- At the appropriate place in title X, insert
‘‘(b) REPORT.—Not later than March 1, 2021, INTELLIGENCE AGENCY IN DEPART-
the following:
MENT OF DEFENSE PERSONNEL
the Secretary shall submit to Congress a re- SEC. lll. EFFICIENT USE OF SENSITIVE COM-
MANAGEMENT AUTHORITY TO AT-
port including— TRACT EXPERTS IN SCIENCE AND PARTMENTED INFORMATION FA-
‘‘(1) the text of the questions included in ENGINEERING. CILITIES.
surveys under subsection (a); and (a) IN GENERAL.—Subsection (a) of section Not later than 180 days after the date of
‘‘(2) which surveys include such ques- 1599h of title 10, United States Code, is the enactment of this Act, the Director of
tions.’’. National Intelligence, in consultation with
amended by adding at the end the following
the Secretary of Defense, shall issue revised
new paragraph:
SA 1801. Mr. WARNER (for himself, ‘‘(7) NATIONAL GEOSPATIAL-INTELLIGENCE
guidance authorizing and directing Govern-
Ms. HARRIS, and Mrs. FEINSTEIN) sub- ment agencies and their appropriately
AGENCY.—The Director of the National
mitted an amendment intended to be cleared contractors to process, store, use,
Geospatial-Intelligence Agency may carry
and discuss sensitive compartmented infor-
proposed by him to the bill S. 4049, to out a program of personnel management au-
mation (SCI) at facilities previously ap-
authorize appropriations for fiscal year thority provided in subsection (b) in order to
proved to handle such information, without
2021 for military activities of the De- facilitate recruitment of eminent experts in
need for further approval by agency or by
partment of Defense, for military con- science or engineering for the Agency.’’.
site. Such guidance shall apply to controlled
(b) SCOPE OF APPOINTMENT AUTHORITY.—
struction, and for defense activities of access programs of the intelligence commu-
Subsection (b)(1) of such section is amend-
the Department of Energy, to prescribe nity and to special access programs of the
ed— Department of Defense.
military personnel strengths for such (1) in subparagraph (E), by striking ‘‘and’’
fiscal year, and for other purposes; at the end; SA 1804. Mr. BRAUN submitted an
which was ordered to lie on the table; (2) in subparagraph (F), by adding ‘‘and’’ at amendment intended to be proposed by
as follows: the end; and
him to the bill S. 4049, to authorize ap-
At the end of subtitle B of title XXVIII, (3) by adding at the end the following new
subparagraph: propriations for fiscal year 2021 for
add the following: military activities of the Department
SEC. 28ll. INCLUSION OF ASSESSMENT OF PER-
‘‘(G) in the case of the National
FORMANCE METRICS IN ANNUAL Geospatial-Intelligence Agency, appoint sci- of Defense, for military construction,
PUBLICATION ON USE OF INCEN- entists and engineers to a total of not more and for defense activities of the De-
TIVE FEES FOR PRIVATIZED MILI- than 5 scientific and engineering positions in partment of Energy, to prescribe mili-
TARY HOUSING PROJECTS. the Agency;’’. tary personnel strengths for such fiscal
(a) IN GENERAL.—Section 2891c of title 10, (c) ENHANCED PAY AUTHORITY.—Subsection year, and for other purposes; which was
United States Code, is amended— (b)(2)(A) of such section is amended— ordered to lie on the table; as follows:
(1) by striking the section heading and in- (1) by striking ‘‘paragraph (1)(B)’’ and in-
serting the following: ‘‘Transparency regard- At the end of subtitle F of title V, add the
serting ‘‘subparagraph (B) of paragraph (1)’’;
ing finances and performance metrics’’; following:
and
SEC. lll. POSTHUMOUS HONORARY PRO-
(2) in subsection (b)— (2) by inserting ‘‘or employees appointed
MOTION TO GENERAL OF LIEUTEN-
(A) in the subsection heading, by inserting pursuant to subparagraph (G) of such para- ANT GENERAL FRANK MAXWELL AN-
‘‘PERFORMANCE METRICS AND’’ before ‘‘USE OF graph to any of 3 positions designated by the DREWS, UNITED STATES ARMY.
INCENTIVE FEES’’; Director of the National Geospatial-Intel- (a) POSTHUMOUS HONORARY PROMOTION.—
(B) in paragraph (1), by striking ‘‘publicly ligence Agency’’ after ‘‘this subparagraph’’. Notwithstanding any time limitation with
accessible website, information’’ and insert- (d) EXTENSION OF TERMS OF APPOINT- respect to posthumous promotions for per-
ing ‘‘publicly accessible website— MENT.—Subsection (c)(2) of such section is sons who served in the Armed Forces, the
‘‘(A) for each contract for the provision or amended by striking ‘‘or the Joint Artificial President is authorized to issue a post-
management of housing units— Intelligence Center’’ and inserting ‘‘the
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humous honorary commission promoting
‘‘(i) an assessment of indicators underlying Joint Artificial Intelligence Center, or the Lieutenant General Frank Maxwell Andrews,
the performance metrics under such contract National Geospatial-Intelligence Agency’’. United States Army, to the grade of general.
to ensure such indicators adequately meas- (e) STUDY REQUIRED.— (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—
ure the condition and quality of the home or (1) IN GENERAL.—Not later than 180 days The honorary promotion of Frank Maxwell
homes covered by the contract, including— after the date of the enactment of this Act, Andrews under subsection (a) shall not affect
‘‘(I) resident satisfaction; the Under Secretary of Defense for Intel- the retired pay or other benefits from the
‘‘(II) maintenance management; ligence and Security and the Director of Na- United States to which Frank Maxwell An-
‘‘(III) project safety; and tional Intelligence shall jointly submit to drews would have been entitled based upon
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S3328 CONGRESSIONAL RECORD — SENATE June 25, 2020
his military service or affect any benefits to been shown to have a significant effect on tion of the Federal Clearinghouse on School
which any other person may become entitled improving the health, safety, and welfare of Safety Best Practices (referred to in this
based on his military service. persons in school settings, including— subsection and subsection (d) as the ‘‘Clear-
‘‘(i) relevant research that is evidence- inghouse’’), as required to be established
SA 1805. Mr. JOHNSON submitted an based, as defined in section 8101 of the Ele- under section 2215 of the Homeland Security
amendment intended to be proposed by mentary and Secondary Education Act of Act of 2002, as added by subsection (b), to—
him to the bill S. 4049, to authorize ap- 1965 (20 U.S.C. 7801), supporting the best prac- (A) every State and local educational agen-
propriations for fiscal year 2021 for tice or recommendation; cy; and
military activities of the Department ‘‘(ii) findings and data from previous Fed- (B) other Department of Education part-
eral or State commissions recommending ners in the implementation of the best prac-
of Defense, for military construction, improvements to the safety posture of a
and for defense activities of the De- tices and recommendations of the Clearing-
school; or house, as determined appropriate by the Sec-
partment of Energy, to prescribe mili- ‘‘(iii) other supportive evidence or findings retary of Education.
tary personnel strengths for such fiscal relied upon by the Clearinghouse in deter- (2) NOTIFICATION BY THE SECRETARY OF
year, and for other purposes; which was mining best practices and recommendations HOMELAND SECURITY.—The Secretary of
ordered to lie on the table; as follows: to improve the safety posture of a school Homeland Security shall provide written no-
At the appropriate place, insert the fol- upon implementation; and tification of the publication of the Clearing-
lowing: ‘‘(C) include information on Federal grant house, as required to be established under
ll.
programs for which implementation of each
SEC. FEDERAL CLEARINGHOUSE ON section 2215 of the Homeland Security Act of
SCHOOL SAFETY BEST PRACTICES. best practice or recommendation is an eligi-
2002, as added by subsection (b), to—
(a) SHORT TITLE.—This section may be ble use for the program.
(A) every State homeland security advisor;
cited as the ‘‘Luke and Alex School Safety ‘‘(3) PAST COMMISSION RECOMMENDATIONS.—
(B) every State department of homeland
Act of 2020’’. To the greatest extent practicable, the
security; and
(b) CLEARINGHOUSE.—Subtitle A of title Clearinghouse shall present, as appropriate,
Federal, State, local, Tribal, private sector, (C) other Department of Homeland Secu-
XXII of the Homeland Security Act of 2002 (6 rity partners in the implementation of the
U.S.C. 651 et seq.) is amended by inserting and nongovernmental organization issued
best practices and recommendations and best practices and recommendations of the
after section 2214 the following: Clearinghouse, as determined appropriate by
‘‘SEC. 2215. FEDERAL CLEARINGHOUSE ON identify any best practice or recommenda-
tion of the Clearinghouse that was pre- the Secretary of Homeland Security.
SCHOOL SAFETY BEST PRACTICES.
viously issued by any such organization or (3) NOTIFICATION BY THE SECRETARY OF
‘‘(a) ESTABLISHMENT.— HEALTH AND HUMAN SERVICES.—The Secretary
‘‘(1) IN GENERAL.—The Secretary, in coordi- commission.
‘‘(c) ASSISTANCE AND TRAINING.—The Sec- of Health and Human Services shall provide
nation with the Secretary of Education, the
retary may produce and publish materials on written notification of the publication of the
Attorney General, and the Secretary of
the Clearinghouse to assist and train edu- Clearinghouse, as required to be established
Health and Human Services, shall establish a
cational agencies and law enforcement agen- under section 2215 of the Homeland Security
Federal Clearinghouse on School Safety Best
cies on the implementation of the best prac- Act of 2002, as added by subsection (b), to—
Practices (in this section referred to as the
‘Clearinghouse’) within the Department. tices and recommendations. (A) every State department of public
‘‘(2) PURPOSE.—The Clearinghouse shall be ‘‘(d) CONTINUOUS IMPROVEMENT.—The Sec- health; and
the primary resource of the Federal Govern- retary shall— (B) other Department of Health and
ment to identify and publish online through ‘‘(1) collect for the purpose of continuous Human Services partners in the implementa-
SchoolSafety.gov, or any successor website, improvement of the Clearinghouse— tion of the best practices and recommenda-
the best practices and recommendations for ‘‘(A) Clearinghouse data analytics; tions of the Clearinghouse, as determined ap-
school safety for use by State and local edu- ‘‘(B) user feedback on the implementation propriate by the Secretary of Health and
cational agencies, institutions of higher edu- of resources, best practices, and rec- Human Services.
cation, State and local law enforcement ommendations identified by the Clearing- (4) NOTIFICATION BY THE ATTORNEY GEN-
agencies, health professionals, and the gen- house; and ERAL.—The Attorney General shall provide
eral public. ‘‘(C) any evaluations conducted on imple- written notification of the publication of the
‘‘(3) PERSONNEL.— mentation of the best practices and rec- Clearinghouse, as required to be established
‘‘(A) ASSIGNMENTS.—The Clearinghouse ommendations of the Clearinghouse; and under section 2215 of the Homeland Security
shall be assigned such personnel and re- ‘‘(2) in coordination with the Secretary of Act of 2002, as added by subsection (b), to—
sources as the Secretary considers appro- Education, the Secretary of Health and (A) every State department of justice; and
priate to carry out this section. Human Services, and the Attorney General— (B) other Department of Justice partners
‘‘(B) DETAILEES.—The Secretary of Edu- ‘‘(A) regularly assess and identify Clearing- in the implementation of the best practices
cation, the Attorney General, and the Sec- house best practices and recommendations and recommendations of the Clearinghouse,
retary of Health and Human Services may for which there are no resources available as determined appropriate by the Attorney
detail personnel to the Clearinghouse. through Federal Government programs for General.
‘‘(4) EXEMPTIONS.— implementation; and
‘‘(B) establish an external advisory board, (d) GRANT PROGRAM REVIEW.—
‘‘(A) PAPERWORK REDUCTION ACT.—Chapter
which shall be comprised of appropriate (1) FEDERAL GRANTS AND RESOURCES.—The
35 of title 44, United States Code (commonly
State, local, Tribal, private sector, and non- Secretary of Education, the Secretary of
known as the ‘Paperwork Reduction Act’)
governmental organizations, including orga- Homeland Security, the Secretary of Health
shall not apply to any rulemaking or infor-
nizations representing parents of elementary and Human Services, and the Attorney Gen-
mation collection required under this sec-
tion. and secondary school students, to— eral shall each—
‘‘(B) FEDERAL ADVISORY COMMITTEE ACT.— ‘‘(i) provide feedback on the implementa- (A) review grant programs administered by
The Federal Advisory Committee Act (5 tion of best practices and recommendations their respective agency and identify any
U.S.C. App.) shall not apply for the purposes of the Clearinghouse; and grant program that may be used to imple-
of carrying out this section. ‘‘(ii) propose additional recommendations ment best practices and recommendations of
‘‘(b) CLEARINGHOUSE CONTENTS.— for best practices for inclusion in the Clear- the Clearinghouse;
‘‘(1) CONSULTATION.—In identifying the best inghouse. (B) identify any best practices and rec-
practices and recommendations for the ‘‘(e) PARENTAL ASSISTANCE.—The Clearing- ommendations of the Clearinghouse for
Clearinghouse, the Secretary may consult house shall produce materials to assist par- which there is not a Federal grant program
with appropriate Federal, State, local, Trib- ents and legal guardians of students with that may be used for the purposes of imple-
al, private sector, and nongovernmental or- identifying relevant Clearinghouse resources menting the best practice or recommenda-
ganizations. related to supporting the implementation of tion as applicable to the agency; and
‘‘(2) CRITERIA FOR BEST PRACTICES AND REC- Clearinghouse best practices and rec- (C) periodically report any findings under
OMMENDATIONS.—The best practices and rec- ommendations.’’. subparagraph (B) to the appropriate commit-
ommendations of the Clearinghouse shall, at (1) TECHNICAL AMENDMENTS.—The table of tees of Congress.
a minimum— contents in section 1(b) of the Homeland Se- (2) STATE GRANTS AND RESOURCES.—The
‘‘(A) involve comprehensive school safety curity Act of 2002 (Public Law 107–296; 116 Clearinghouse shall, to the extent prac-
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measures, including threat prevention, pre- Stat. 2135) is amended by inserting after the ticable, identify, for each State—
paredness, protection, mitigation, incident item relating to section 2214 the following: (A) each agency responsible for school safe-
response, and recovery to improve the safety ‘‘Sec. 2215. Federal Clearinghouse on School ty in the State, or any State that does not
posture of a school upon implementation; Safety Best Practices.’’. have such an agency designated;
‘‘(B) include any evidence or research ra- (c) NOTIFICATION OF CLEARINGHOUSE.— (B) any grant program that may be used
tionale supporting the determination of the (1) NOTIFICATION BY THE SECRETARY OF EDU- for the purposes of implementing best prac-
Clearinghouse that the best practice or rec- CATION.—The Secretary of Education shall tices and recommendations of the Clearing-
ommendation under subparagraph (A) has provide written notification of the publica- house; and
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3329
(C) any resources other than grant pro- offices of the Department, to the Depart- entific, or governmental functions or proc-
grams that may be used to assist in imple- ment of Defense, Federal, State, local, and esses that relate to critical infrastructure,
mentation of best practices and rec- Tribal law enforcement entities and the pri- including operational and industrial control
ommendations of the Clearinghouse. vate sector regarding the activities of the systems, distributed control systems, and
(e) RULES OF CONSTRUCTION.— Department relating to countering UAS; programmable logic controllers; and
(1) WAIVER OF REQUIREMENTS.—Nothing in ‘‘(E) maintain the information required ‘‘(B) does not include personal devices and
this section or the amendments made by this under section 210G(g)(3); and systems, such as consumer mobile devices,
section shall be construed to create, satisfy, ‘‘(F) carry out other related counter UAS home computers, residential wireless rout-
or waive any requirement under— authorities and activities under section 210G, ers, or residential internet enabled consumer
(A) title II of the Americans With Disabil- as directed by the Secretary. devices.
ities Act of 1990 (42 U.S.C. 12131 et seq.); ‘‘(b) COORDINATION WITH APPLICABLE FED- ‘‘(2) AUTHORITY.—
(B) the Rehabilitation Act of 1973 (29 U.S.C. ERAL LAWS.—The Coordinator shall, in addi- ‘‘(A) IN GENERAL.—If the Director identifies
701 et seq.); tion to other assigned duties, coordinate a system connected to the internet with a
(C) title VI of the Civil Rights Act of 1964 with relevant Department components and specific security vulnerability and has rea-
(42 U.S.C. 2000d et seq.); offices to ensure testing, evaluation, or de- son to believe that the security vulnerability
(D) title IX of the Education Amendments ployment of a system used to identify, as- relates to critical infrastructure and affects
of 1972 (20 U.S.C. 1681 et seq.); or sess, or defeat a UAS is carried out in ac- a covered device or system, and the Director
(E) the Age Discrimination Act of 1975 (42 cordance with applicable Federal laws. is unable to identify the entity at risk that
U.S.C. 6101 et seq.). ‘‘(c) COORDINATION WITH PRIVATE SECTOR.— owns or operates the covered device or sys-
(2) PROHIBITION ON FEDERALLY DEVELOPED, The Coordinator shall, among other assigned tem, the Director may issue a subpoena for
MANDATED, OR ENDORSED CURRICULUM.—Noth- duties, working with the Office of Partner- the production of information necessary to
ing in this section or the amendments made ship and Engagement and other relevant De- identify and notify the entity at risk, in
by this section shall be construed to author- partment offices and components, or other order to carry out a function authorized
ize any officer or employee of the Federal Federal agencies, as appropriate, serve as the under subsection (c)(12).
Government to engage in an activity other- principal Department official responsible for ‘‘(B) LIMIT ON INFORMATION.—A subpoena
wise prohibited under section 103(b) of the sharing to the private sector information re- issued under the authority under subpara-
Department of Education Organization Act garding counter UAS technology, particu- graph (A) may seek information—
(20 U.S.C. 3403(b)). larly information regarding instances in ‘‘(i) only in the categories set forth in sub-
which counter UAS technology may impact paragraphs (A), (B), (D), and (E) of section
SA 1806. Mr. JOHNSON (for himself lawful private sector services or systems.’’. 2703(c)(2) of title 18, United States Code; and
and Ms. HASSAN) submitted an amend- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) for not more than 20 covered devices
ment intended to be proposed by him MENT.—The table of contents in section 1(b) or systems.
of the Homeland Security Act of 2002 (Public ‘‘(C) LIABILITY PROTECTIONS FOR DISCLOSING
to the bill S. 4049, to authorize appro- PROVIDERS.—The provisions of section 2703(e)
Law 107–296; 116 Stat. 2135) is amended by in-
priations for fiscal year 2021 for mili- serting after the item relating to section 320 of title 18, United States Code, shall apply to
tary activities of the Department of the following: any subpoena issued under the authority
Defense, for military construction, and ‘‘Sec. 321. Countering Unmanned Aircraft under subparagraph (A).
for defense activities of the Depart- Systems Coordinator.’’. ‘‘(3) COORDINATION.—
ment of Energy, to prescribe military ‘‘(A) IN GENERAL.—If the Director decides
personnel strengths for such fiscal SA 1807. Mr. JOHNSON submitted an to exercise the subpoena authority under
amendment intended to be proposed by this subsection, and in the interest of avoid-
year, and for other purposes; which was ing interference with ongoing law enforce-
ordered to lie on the table; as follows: him to the bill S. 4049, to authorize ap- ment investigations, the Director shall co-
At the appropriate place, insert the fol- propriations for fiscal year 2021 for ordinate the issuance of any such subpoena
lowing: military activities of the Department with the Department of Justice, including
SEC. ll. COUNTERING UNMANNED AIRCRAFT of Defense, for military construction, the Federal Bureau of Investigation, pursu-
SYSTEMS COORDINATOR. and for defense activities of the De- ant to inter-agency procedures which the Di-
(a) IN GENERAL.—Title III of the Homeland partment of Energy, to prescribe mili- rector, in coordination with the Attorney
Security Act of 2002 (6 U.S.C. 181 et seq.) is General, shall develop not later than 60 days
amended by adding at the end the following
tary personnel strengths for such fiscal
after the date of enactment of this sub-
new section: year, and for other purposes; which was section.
‘‘SEC. 321. COUNTERING UNMANNED AIRCRAFT ordered to lie on the table; as follows: ‘‘(B) CONTENTS.—The inter-agency proce-
SYSTEMS COORDINATOR. At the appropriate place, insert the fol- dures developed under this paragraph shall
‘‘(a) COORDINATOR.— lowing: provide that a subpoena issued by the Direc-
‘‘(1) IN GENERAL.—The Secretary shall des- SEC. ll. SUBPOENA AUTHORITY. tor under this subsection shall be—
ignate an individual in a Senior Executive (a) IN GENERAL.—Section 2209 of the Home- ‘‘(i) issued in order to carry out a function
Service position (as defined in section 3132 of land Security Act of 2002 (6 U.S.C. 659) is described in subsection (c)(12); and
title 5, United States Code) of the Depart- amended— ‘‘(ii) subject to the limitations under this
ment within the Office of Strategy, Policy, (1) in subsection (a)— subsection.
and Plans as the Countering Unmanned Air- (A) in paragraph (5), by striking ‘‘and’’ at ‘‘(4) NONCOMPLIANCE.—If any person, part-
craft Systems Coordinator (in this section the end; nership, corporation, association, or entity
referred to as the ‘Coordinator’) and provide (B) by redesignating paragraph (6) as para- fails to comply with any duly served sub-
appropriate staff to carry out the respon- graph (7); and poena issued under this subsection, the Di-
sibilities of the Coordinator. (C) by inserting after paragraph (5) the fol- rector may request that the Attorney Gen-
‘‘(2) RESPONSIBILITIES.—The Coordinator lowing: eral seek enforcement of the subpoena in any
shall— ‘‘(6) the term ‘security vulnerability’ has judicial district in which such person, part-
‘‘(A) oversee and coordinate with relevant the meaning given that term in section nership, corporation, association, or entity
Department offices and components, includ- 102(17) of the Cybersecurity Information resides, is found, or transacts business.
ing the Office of Civil Rights and Civil Lib- Sharing Act of 2015 (6 U.S.C. 1501(17)); and’’; ‘‘(5) NOTICE.—Not later than 7 days after
erties and the Privacy Office, on the develop- (2) in subsection (c)— the date on which the Director receives in-
ment of guidance and regulations to counter (A) in paragraph (10), by striking ‘‘and’’ at formation obtained through a subpoena
threats associated with unmanned aircraft the end; issued under this subsection, the Director
systems (in this section referred to as ‘UAS’) (B) in paragraph (11), by striking the pe- shall notify any entity identified by informa-
as described in section 210G; riod at the end and inserting ‘‘; and’’; and tion obtained under the subpoena regarding
‘‘(B) promote research and development of (C) by adding at the end the following: the subpoena and the identified vulner-
counter UAS technologies in coordination ‘‘(12) detecting, identifying, and receiving ability.
with the Office of Science and Technology; information about security vulnerabilities ‘‘(6) AUTHENTICATION.—
‘‘(C) coordinate with the relevant compo- relating to critical infrastructure in the in- ‘‘(A) IN GENERAL.—Any subpoena issued by
nents and offices of the Department, includ- formation systems and devices for a cyberse- the Director under this subsection shall be
ing the Office of Intelligence and Analysis, curity purpose, as defined in section 102 of authenticated with a cryptographic digital
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to ensure the sharing of information, guid- the Cybersecurity Information Sharing Act signature of an authorized representative of
ance, and intelligence relating to countering of 2015 (6 U.S.C. 1501).’’; and the Agency, or other comparable successor
UAS threats, counter UAS threat assess- (3) by adding at the end the following: technology, that allows the Agency to dem-
ments, and counter UAS technology, includ- ‘‘(o) SUBPOENA AUTHORITY.— onstrate that the subpoena was issued by the
ing the retention of UAS and counter UAS ‘‘(1) DEFINITION.—In this subsection, the Agency and has not been altered or modified
incidents within the Department; term ‘covered device or system’— since it was issued by the Agency.
‘‘(D) serve as the Department liaison, in ‘‘(A) means a device or system commonly ‘‘(B) INVALID IF NOT AUTHENTICATED.—Any
coordination with relevant components and used to perform industrial, commercial, sci- subpoena issued by the Director under this
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S3330 CONGRESSIONAL RECORD — SENATE June 25, 2020
subsection that is not authenticated in ac- action as a result of a notice of vulnerability other than a cybersecurity purpose, as de-
cordance with subparagraph (A) shall not be made pursuant to this Act. fined in section 102 of the Cybersecurity In-
considered to be valid by the recipient of the ‘‘(9) REVIEW OF PROCEDURES.—Not later formation Sharing Act of 2015 (6 U.S.C.
subpoena. than 1 year after the date of enactment of 1501).’’.
‘‘(7) PROCEDURES.—Not later than 90 days this subsection, the Privacy Officer of the (b) RULES OF CONSTRUCTION.—
after the date of enactment of this sub- Agency shall— (1) PROHIBITION ON NEW REGULATORY AU-
section, the Director shall establish internal ‘‘(A) review the procedures developed by THORITY.—Nothing in this section or the
procedures and associated training, applica- the Director under paragraph (7) to ensure amendments made by this section shall be
ble to employees and operations of the Agen- that— construed to grant the Secretary of Home-
cy, regarding subpoenas issued under this ‘‘(i) the procedures are consistent with fair land Security (in this subsection referred to
subsection, which shall address— information practices; and as the ‘‘Secretary’’), or another Federal
‘‘(A) the protection of and restriction on ‘‘(ii) the operations of the Agency comply agency, any authority to promulgate regula-
dissemination of nonpublic information ob- with the procedures; and tions or set standards relating to the cyber-
tained through a subpoena issued under this ‘‘(B) notify the Committee on Homeland security of private sector critical infrastruc-
subsection, including a requirement that the Security and Governmental Affairs of the ture that was not in effect on the day before
Agency shall not disseminate nonpublic in- Senate and the Committee on Homeland Se- the date of enactment of this Act.
formation obtained through a subpoena curity of the House of Representatives of the (2) PRIVATE ENTITIES.—Nothing in this sec-
issued under this subsection that identifies results of the review. tion or the amendments made by this section
‘‘(10) PUBLICATION OF INFORMATION.—Not shall be construed to require any private en-
the party that is subject to the subpoena or
later than 120 days after establishing the in- tity—
the entity at risk identified by information
ternal procedures under paragraph (7), the (A) toto request assistance from the Sec-
obtained, except that the Agency may share
Director shall publish information on the retary; or
the nonpublic information of the entity at
website of the Agency regarding the sub- (B) that requested such assistance from the
risk with another Federal agency if—
poena process under this subsection, includ- Secretary to implement any measure or rec-
‘‘(i) the Agency identifies or is notified of
ing regarding— ommendation suggested by the Secretary.
a cybersecurity incident involving the enti- ‘‘(A) the purpose for subpoenas issued
ty, which relates to the vulnerability which under this subsection; SA 1808. Mr. COONS (for himself, Ms.
led to the issuance of the subpoena; ‘‘(B) the subpoena process;
‘‘(ii) the Director determines that sharing COLLINS, Mrs. CAPITO, and Ms. KLO-
‘‘(C) the criteria for the critical infrastruc- BUCHAR) submitted an amendment in-
the nonpublic information with another Fed- ture security risk assessment conducted
eral agency is necessary to allow that Fed- tended to be proposed by him to the
prior to issuing a subpoena;
eral agency to take a law enforcement or na- ‘‘(D) policies and procedures on retention
bill S. 4049, to authorize appropriations
tional security action or actions related to and sharing of data obtained by subpoena; for fiscal year 2021 for military activi-
mitigating or otherwise resolving such inci- ‘‘(E) guidelines on how entities contacted ties of the Department of Defense, for
dent; by the Director may respond to notice of a military construction, and for defense
‘‘(iii) the entity to which the information subpoena; and activities of the Department of Energy,
pertains is notified of the Director’s deter- ‘‘(F) the procedures and policies of the to prescribe military personnel
mination, to the extent practicable con- Agency developed under paragraph (7). strengths for such fiscal year, and for
sistent with national security or law en- ‘‘(11) ANNUAL REPORTS.—The Director shall
forcement interests; and other purposes; which was ordered to
annually submit to the Committee on Home- lie on the table; as follows:
‘‘(iv) the entity consents, except that the land Security and Governmental Affairs of
entity’s consent shall not be required if an- the Senate and the Committee on Homeland At the appropriate place, insert the fol-
other Federal agency identifies the entity to Security of the House of Representatives a lowing:
the Agency in connection with a suspected report (which may include a classified annex TITLE ll—SUSTAINABLE CHEMISTRY
cybersecurity incident; but with the presumption of declassification) SEC. ll1. NATIONAL COORDINATING ENTITY
‘‘(B) the restriction on the use of informa- on the use of subpoenas under this sub- FOR SUSTAINABLE CHEMISTRY.
tion obtained through the subpoena for a cy- section by the Director, which shall in- (a) ESTABLISHMENT.—Not later than 180
bersecurity purpose, as defined in section 102 clude— days after the date of enactment of this
of the Cybersecurity Information Sharing ‘‘(A) a discussion of— title, the Director of the Office of Science
Act of 2015 (6 U.S.C. 1501); ‘‘(i) the effectiveness of the use of sub- and Technology Policy shall convene an
‘‘(C) the retention and destruction of non- poenas to mitigate critical infrastructure se- interagency entity (referred to in this title
public information obtained through a sub- curity vulnerabilities; as the ‘‘Entity’’) under the National Science
poena issued under this subsection, includ- ‘‘(ii) the critical infrastructure security and Technology Council with the responsi-
ing— risk assessment process conducted for sub- bility to coordinate Federal programs and
‘‘(i) destruction of information obtained poenas issued under this subsection; activities in support of sustainable chem-
through the subpoena that the Director de- ‘‘(iii) the number of subpoenas issued under istry, including those described in sections
termines is unrelated to critical infrastruc- this subsection by the Director during the ll3 and ll4.
ture immediately upon providing notice to preceding year; (b) COORDINATION WITH EXISTING GROUPS.—
the entity pursuant to paragraph (5); and ‘‘(iv) to the extent practicable, the number In convening the Entity, the Director of the
‘‘(ii) destruction of any personally identifi- of vulnerable covered devices or systems Office of Science and Technology Policy
able information not later than 6 months mitigated under this subsection by the Agen- shall consider overlap and possible coordina-
after the date on which the Director receives cy during the preceding year; and tion with existing committees, subcommit-
tees, or other groups of the National Science
information obtained through the subpoena, ‘‘(v) the number of entities notified by the
and Technology Council, such as—
unless otherwise agreed to by the individual Director under this subsection, and their re-
(1) the Committee on Environment;
identified by the subpoena respondent; sponse, during the previous year; and
(2) the Committee on Technology;
‘‘(D) the processes for providing notice to ‘‘(B) for each subpoena issued under this
(3) the Committee on Science; or
each party that is subject to the subpoena subsection—
(4) related groups or subcommittees.
and each entity identified by information ob- ‘‘(i) the source of the security vulner- (c) CO-CHAIRS.—The Entity shall be co-
tained under a subpoena issued under this ability detected, identified, or received by chaired by the Director of the Office of
subsection; the Director; Science and Technology Policy and a rep-
‘‘(E) the processes and criteria for con- ‘‘(ii) the steps taken to identify the entity resentative from the Environmental Protec-
ducting critical infrastructure security risk at risk prior to issuing the subpoena; and tion Agency, the National Institute of
assessments to determine whether a sub- ‘‘(iii) a description of the outcome of the Standards and Technology, the National
poena is necessary prior to being issued subpoena, including discussion on the resolu- Science Foundation, or the Department of
under this subsection; and tion or mitigation of the critical infrastruc- Energy, as selected by the Director of the Of-
‘‘(F) the information to be provided to an ture security vulnerability. fice of Science and Technology Policy.
entity at risk at the time of the notice of the ‘‘(12) PUBLICATION OF THE ANNUAL RE- (d) AGENCY PARTICIPATION.—The Entity
vulnerability, which shall include— PORTS.—The Director shall publish a version shall include representatives, including sub-
‘‘(i) a discussion or statement that re- of the annual report required by paragraph ject matter experts, from the Environmental
sponding to, or subsequent engagement with, (11) on the website of the Agency, which Protection Agency, the National Institute of
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the Agency, is voluntary; and shall, at a minimum, include the findings de- Standards and Technology, the National
‘‘(ii) to the extent practicable, information scribed in clauses (iii), (iv) and (v) of para- Science Foundation, the Department of En-
regarding the process through which the Di- graph (11)(A). ergy, the Department of Agriculture, the De-
rector identifies security vulnerabilities. ‘‘(13) PROHIBITION ON USE OF INFORMATION partment of Defense, the National Institutes
‘‘(8) LIMITATION ON PROCEDURES.—The in- FOR UNAUTHORIZED PURPOSES.—Any informa- of Health, the Centers for Disease Control
ternal procedures established under para- tion obtained pursuant to a subpoena issued and Prevention, the Food and Drug Adminis-
graph (7) may not require an owner or oper- under this subsection shall not be provided tration, and other related Federal agencies,
ator of critical infrastructure to take any to any other Federal agency for any purpose as appropriate.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3331
(e) TERMINATION.—The Entity shall termi- (3) the defense community; (D) incentive prize competitions and chal-
nate on the date that is 10 years after the (4) State, tribal, and local governments, in- lenges in coordination with such existing
date of enactment of this title. cluding nonregulatory State or regional sus- Federal agency programs; and
SEC. ll2. STRATEGIC PLAN FOR SUSTAINABLE tainable chemistry programs, as appropriate; (E) grants, loans, and loan guarantees to
CHEMISTRY. (5) nongovernmental organizations; and aid in the technology transfer and commer-
(a) STRATEGIC PLAN.—Not later than 2 (6) other appropriate organizations. cialization of sustainable chemicals, mate-
years after the date of enactment of this (d) REPORT TO CONGRESS.— rials, processes, and products;
title, the Entity shall— (1) IN GENERAL.—Not later than 2 years (2) collect and disseminate information on
(1) consult with relevant stakeholders, in- after the date of enactment of this Act, the sustainable chemistry research, develop-
cluding representatives from industry, aca- Entity shall submit a report to the Com- ment, technology transfer, and commer-
demia, national labs, the Federal Govern- mittee on Environment and Public Works, cialization, including information on accom-
ment, and international entities, to develop the Committee on Commerce, Science, and plishments and best practices;
and update, as needed, a consensus definition Transportation, and the Committee on Ap- (3) expand the education and training of
of ‘‘sustainable chemistry’’ to guide the ac- propriations of the Senate, and the Com- students at appropriate levels of education,
tivities under this title; mittee on Science, Space, and Technology, professional scientists and engineers, and
(2) develop a working framework of at- the Committee on Energy and Commerce, other professionals involved in all aspects of
tributes characterizing and metrics for as- and the Committee on Appropriations of the sustainable chemistry and engineering ap-
sessing sustainable chemistry, as described House of Representatives. In addition to the propriate to that level of education and
in subsection (b); elements described in subsections (a) and (b), training, including through—
(3) assess the state of sustainable chem- the report shall include— (A) partnerships with industry as described
istry in the United States as a key bench- (A) a summary of federally funded, sustain- in section ll4;
mark from which progress under the activi- able chemistry research, development, dem- (B) support for the integration of sustain-
ties described in this title can be measured, onstration, technology transfer, commer- able chemistry principles into chemistry and
including assessing key sectors of the United cialization, education, and training activi- chemical engineering curriculum and re-
States economy, key technology platforms, ties; search training, as appropriate to that level
commercial priorities, and barriers to inno- (B) a summary of the financial resources of education and training; and
vation; allocated to sustainable chemistry initia- (C) support for integration of sustainable
(4) coordinate and support Federal re- tives by each participating agency; chemistry principles into existing or new
search, development, demonstration, tech- (C) an assessment of the current state of professional development opportunities for
nology transfer, commercialization, edu- sustainable chemistry in the United States, professionals including teachers, faculty,
cation, and training efforts in sustainable including the role that Federal agencies are and individuals involved in laboratory re-
chemistry, including budget coordination playing in supporting it; search (product development, materials spec-
and support for public-private partnerships, (D) an analysis of the progress made to- ification and testing, life cycle analysis, and
as appropriate; ward achieving the goals and priorities of management);
(5) identify any Federal regulatory barriers this Act, and recommendations for future (4) as relevant to an agency’s programs, ex-
to, and opportunities for, Federal agencies program activities; amine methods by which the Federal agen-
facilitating the development of incentives (E) an evaluation of steps taken and future cies, in collaboration and consultation with
for development, consideration and use of strategies to avoid duplication of efforts, the National Institute of Standards and
sustainable chemistry processes and prod- streamline interagency coordination, facili- Technology, may facilitate the development
ucts; tate information sharing, and spread best or recognition of validated, standardized
(6) identify major scientific challenges, practices among participating agencies; and tools for performing sustainability assess-
roadblocks, or hurdles to transformational (F) an evaluation of duplicative Federal ments of chemistry processes or products;
progress in improving the sustainability of funding and duplicative Federal research in (5) through programs identified by an agen-
the chemical sciences; and sustainable chemistry, efforts undertaken by cy, support (including through technical as-
(7) review, identify, and make effort to the Entity to eliminate duplicative funding sistance, participation, financial support,
eliminate duplicative Federal funding and and research, and recommendations on how communications tools, awards, or other
duplicative Federal research in sustainable to achieve these goals. forms of support) outreach and dissemina-
chemistry. (2) SUBMISSION TO GAO.—The Entity shall tion of sustainable chemistry advances such
(b) CHARACTERIZING AND ASSESSING SUS- also submit the report described in para- as non-Federal symposia, forums, con-
TAINABLE CHEMISTRY.—The Entity shall de-
graph (1) to the Comptroller General of the ferences, and publications in collaboration
velop a working framework of attributes United States for consideration in future with, as appropriate, industry, academia, sci-
characterizing and metrics for assessing sus- Congressional inquiries. entific and professional societies, and other
tainable chemistry for the purposes of car- relevant groups;
(3) ADDITIONAL REPORTS.—The Entity shall
rying out the title. In developing this frame- (6) provide for public input and outreach to
submit a report to Congress and the Comp-
work, the Entity shall— be integrated into the activities described in
troller General of the United States that in-
(1) seek advice and input from stake- this section by the convening of public dis-
corporates the information described in sub-
holders as described in subsection (c); cussions, through mechanisms such as public
paragraphs (A), (B), (D), (E), and (F) of para-
(2) consider existing definitions of, or meetings, consensus conferences, and edu-
graph (1) every 3 years, commencing after
frameworks characterizing and metrics for cational events, as appropriate;
the initial report is submitted until the En-
assessing, sustainable chemistry already in (7) within each agency, develop or adapt
tity terminates.
use at Federal agencies; metrics to track the outputs and outcomes
(3) consider existing definitions of, or SEC. ll3. AGENCY ACTIVITIES IN SUPPORT OF
of the programs supported by that agency;
SUSTAINABLE CHEMISTRY.
frameworks characterizing and metrics for and
assessing, sustainable chemistry already in (a) IN GENERAL.—The agencies partici- (8) incentivize or recognize actions that ad-
use by international organizations of which pating in the Entity shall carry out activi- vance sustainable chemistry products, proc-
the United States is a member, such as the ties in support of sustainable chemistry, as esses, or initiatives, including through the
Organisation for Economic Co-operation and appropriate to the specific mission and pro- establishment of a nationally recognized
Development; and grams of each agency. awards program through the Environmental
(4) consider any other appropriate existing (b) ACTIVITIES.—The activities described in Protection Agency to identify, publicize, and
definitions of, or frameworks characterizing subsection (a) shall— celebrate innovations in sustainable chem-
and metrics for assessing, sustainable chem- (1) incorporate sustainable chemistry into istry and chemical technologies.
istry. existing research, development, demonstra- (c) LIMITATIONS .—Financial support pro-
(c) CONSULTATION.—In carrying out the du- tion, technology transfer, commercializa- vided under this section shall—
ties described in subsections (a) and (b), the tion, education, and training programs, that (1) be available only for pre-competitive
Entity shall consult with stakeholders quali- the agency determines to be relevant, in- activities; and
fied to provide advice and information to cluding consideration of— (2) not be used to promote the sale of a spe-
guide Federal activities related to sustain- (A) merit-based competitive grants to indi- cific product, process, or technology, or to
able chemistry through workshops, requests vidual investigators and teams of investiga- disparage a specific product, process, or
for information, or other mechanisms as nec- tors, including, to the extent practicable, technology.
essary. The stakeholders shall include rep- early career investigators for research and
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SEC. ll4. PARTNERSHIPS IN SUSTAINABLE
resentatives from— development; CHEMISTRY.
(1) business and industry (including trade (B) grants to fund collaborative research (a) IN GENERAL.—The agencies partici-
associations and small- and medium-sized and development partnerships among univer- pating in the Entity may facilitate and sup-
enterprises from across the value chain); sities, industry, and nonprofit organizations; port, through financial, technical, or other
(2) the scientific community (including the (C) coordination of sustainable chemistry assistance, the creation of partnerships be-
National Academies of Sciences, Engineer- research, development, demonstration, and tween institutions of higher education, non-
ing, and Medicine, scientific professional so- technology transfer conducted at Federal governmental organizations, consortia, or
cieties, national labs, and academia); laboratories and agencies; companies across the value chain in the
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S3332 CONGRESSIONAL RECORD — SENATE June 25, 2020
chemical industry, including small- and me- an amendment to the resolution S. initiatives such as the President’s Emer-
dium-sized enterprises, to— Res. 579, encouraging the international gency Plan for AIDS Relief (PEPFAR) and
(1) create collaborative sustainable chem- community to remain committed to the President’s Malaria Initiative;
istry research, development, demonstration, Whereas the United States led the global
technology transfer, and commercialization
collaboration and coordination to miti-
effort to end the Ebola outbreak in West Af-
programs; and gate and prevent the further spread of rica between 2014 and 2016;
(2) train students and retrain professional COVID–19 and urging renewed United Whereas these bipartisan investments in
scientists, engineers, and others involved in States leadership and participation in global health have helped not only save
materials specification on the use of sustain- global efforts on therapeutics and vac- countless lives around the world, but also at
able chemistry concepts and strategies by cine development and delivery to ad- home in the United States;
methods, including— dress COVID–19 and prevent further Whereas an outbreak of coronavirus dis-
(A) developing or recognizing curricular ease 2019 (COVID–19) in Wuhan, China was
materials and courses for undergraduate and
deaths, and for other purposes; as fol-
first reported in December 2019, with a global
graduate levels and for the professional de- lows:
pandemic declaration by the World Health
velopment of scientists, engineers, and oth- Strike all after the resolving clause and in- Organization on March 11, 2020;
ers involved in materials specification; and sert the following: ‘‘That the Senate— Whereas, according to the Centers for Dis-
(B) publicizing the availability of profes- (1) recognizes the historic leadership role ease Control and Protection, more than
sional development courses in sustainable of the United States in stemming global 116,000 individuals in the United States are
chemistry and recruiting professionals to health crises in the past; known to have died due to COVID–19 as of
pursue such courses. (2) commends the historic achievements of June 17, 2020, and a long-term, sustainable
(b) PRIVATE SECTOR PARTICIPATION.—To be the international community to address solution will require international access to
eligible for support under this section, a global public health threats, such as the a vaccine;
partnership in sustainable chemistry shall eradication of smallpox and dramatic Whereas the COVID–19 outbreak continues
include at least one private sector organiza- progress in reducing cases of polio; to place extreme pressure on health care sys-
tion. (3) encourages the international commu- tems and supply chains worldwide, impact-
(c) SELECTION OF PARTNERSHIPS.—In select- nity to remain committed to collaboration
ing partnerships for support under this sec- ing international travel, trade, and all other
and coordination to mitigate and prevent the aspects of international exchanges, and re-
tion, the agencies participating in the Entity further spread of COVID–19;
shall also consider the extent to which the quires a coordinated global effort to respond;
(4) commends the promising research and Whereas the interconnectivity of our
applicants are willing and able to dem- development underway to develop COVID–19
onstrate evidence of support for, and com- globalized world means an infectious disease
diagnostics, therapies, and vaccines within can travel around the world in as little as 36
mitment to, the goals outlined in the stra- the United States and with support from the
tegic plan and report described in section hours;
Federal government, public-private partner- Whereas United States Federal depart-
ll2. ships, and commercial partners;
(d) PROHIBITED USE OF FUNDS.—Financial ments and agencies have engaged in and sup-
(5) acknowledges the vast international re- ported certain research and clinical trial ef-
support provided under this section may not
search enterprise and collaboration under- forts into coronaviruses, which may yield po-
be used—
way to study an expansive range of drug and tential discoveries related to vaccine can-
(1) to support or expand a regulatory chem-
vaccine candidates; didates;
ical management program at an imple-
(6) urges renewed United States leadership Whereas domestic and domestically sup-
menting agency under a State law;
and participation in global efforts on thera- ported vaccine candidates for COVID–19 com-
(2) to construct or renovate a building or
peutics and vaccine development and deliv- prise approximately 40 percent of the current
structure; or
ery to address COVID–19 and prevent further potential COVID–19 vaccine candidates
(3) to promote the sale of a specific prod-
American deaths; and worldwide;
uct, process, or technology, or to disparage a
(7) calls on the United States Government Whereas international collaboration and
specific product, process, or technology.
to strengthen collaboration with key part- coordination can help ensure equitable ac-
SEC. ll5. PRIORITIZATION.
ners at the forefront of responding to cess to safe, effective, and affordable thera-
In carrying out this Act, the Entity shall
COVID–19. peutics and vaccines, thereby saving the
focus its support for sustainable chemistry
activities on those that achieve, to the high- lives of Americans and others around the
SA 1811. Mr. TOOMEY (for Mr. LEE
est extent practicable, the goals outlined in world;
the title. (for himself and Mr. DURBIN)) proposed Whereas the Coalition for Epidemic Pre-
SEC. ll6. RULE OF CONSTRUCTION. an amendment to the resolution S. paredness Innovations is working to accel-
Nothing in this title shall be construed to Res. 579, encouraging the international erate the development of vaccines against
alter or amend any State law or action with community to remain committed to emerging infectious diseases, including
regard to sustainable chemistry, as defined collaboration and coordination to miti- COVID–19, and to enable equitable access to
by the State. gate and prevent the further spread of these vaccines for people during outbreaks;
SEC. ll7. MAJOR MULTI-USER RESEARCH FA- COVID–19 and urging renewed United Whereas, on May 4, 2020, the President of
CILITY PROJECT. the European Commission led a virtual sum-
Section 110 of the American Innovation
States leadership and participation in
mit where nations around the world pledged
and Competitiveness Act (42 U.S.C. 1862s-2) is global efforts on therapeutics and vac- more than $8,000,000,000 to quickly develop
amended by striking (g)(2) and inserting the cine development and delivery to ad- vaccines and treatment to fight COVID–19;
following: dress COVID–19 and prevent further Whereas Gavi, the Vaccine Alliance, is
‘‘(2) MAJOR MULTI-USER RESEARCH FACILITY deaths, and for other purposes; as fol- working to maintain ongoing immunization
PROJECT.—The term ‘major multi-user re- lows: programs in partner countries while helping
search facility project’ means a science and Strike the preamble and insert the fol- to identify and rapidly accelerate the devel-
engineering facility project that exceeds lowing: opment, production, and equitable delivery
$100,000,000 in total construction, acquisi- Whereas there is a rich history of coordi- of COVID–19 vaccines; and
tion, or upgrade costs to the Foundation.’’. nated global health collaboration and coordi- Whereas, on June 4, 2020, the United King-
nation, dating back to 1851, to strategically dom hosted a pledging conference for Gavi,
SA 1809. Mr. HAWLEY (for Mr. the Vaccine Alliance, for which the United
and effectively combat deadly diseases of the
LANKFORD) proposed an amendment to time, such as the spread of plague; States made an historic $1,160,000,000 multi-
the bill S. 2163, to establish the Com- Whereas the United States has long been year commitment: Now, therefore, be it
mission on the Social Status of Black an active and critical leader in such global
Men and Boys, to study and make rec- public health efforts, providing financial and SA 1812. Mr. TOOMEY (for Mr. LEE
ommendations to address social prob- technical support to multilateral institu- (for himself and Mr. DURBIN)) proposed
lems affecting Black men and boys, and tions, foreign governments, and nongovern- an amendment to the resolution S.
for other purposes; as follows: mental organizations; Res. 579, encouraging the international
At the end of section 2, add the following: Whereas international collaboration has community to remain committed to
(c) MEMBERSHIP BY POLITICAL PARTY.—If led to a number of historic global health collaboration and coordination to miti-
achievements, including the eradication of
SSpencer on DSK126QN23PROD with SENATE
after the Commission is appointed there is a gate and prevent the further spread of
partisan imbalance of Commission members, smallpox, the reduction of polio cases by 99 COVID–19 and urging renewed United
the congressional leaders of the political percent, the elimination of river blindness, States leadership and participation in
party with fewer members on the Commis- the decline in maternal and child mortality,
the recognition of tobacco use as a health
global efforts on therapeutics and vac-
sion shall jointly name additional members
to create partisan parity on the Commission. hazard, and countless others; cine development and delivery to ad-
Whereas there has been bipartisan support dress COVID–19 and prevent further
SA 1810. Mr. TOOMEY (for Mr. LEE in the United States to lead efforts to ad- deaths, and for other purposes; as fol-
(for himself and Mr. DURBIN)) proposed dress global health needs, as evidenced by lows:
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3333
Amend the title so as to read: ‘‘A resolu- (1) continues to be a strong ally to the through the end of the tenth fiscal year be-
tion encouraging the international commu- NATO alliance and a great friend to the ginning after the date of the enactment of
nity to remain committed to collaboration United States; this Act.
and coordination to mitigate and prevent the (2) serves as a strategic location for United (bb) REMAINDER TO TREASURY.—Any
further spread of COVID–19 and urging re- States military forces that serve as a strong amounts remaining in the Security Fund
newed United States leadership and partici- deterrent against Russian military aggres- after the end of the tenth fiscal year begin-
pation in global efforts on therapeutics and sion and expansion within Europe; and ning after the date of the enactment of this
vaccine development and delivery to address (3) remains a vital political, economic, and Act shall be deposited in the general fund of
COVID–19 and prevent further deaths, and for security partner which is critical to our con- the Treasury.
other purposes.’’. tinued prosperity and stability. (iv) USE OF AMOUNTS.—Amounts deposited
in the Security Fund shall be available to
SA 1813. Mr. GRAHAM submitted an SA 1814. Mr. RUBIO (for himself and the Director of the Intelligence Advanced
amendment intended to be proposed by Mr. WARNER) submitted an amendment Research Projects Activity to award grants
intended to be proposed by him to the under subparagraph (B).
him to the bill S. 4049, to authorize ap- (B) GRANTS.—
bill S. 4049, to authorize appropriations
propriations for fiscal year 2021 for (i) IN GENERAL.—The Director of the Intel-
for fiscal year 2021 for military activi-
military activities of the Department ligence Advanced Research Projects Activity
ties of the Department of Defense, for
of Defense, for military construction, shall award grants to support research and
military construction, and for defense the commercial application of such research,
and for defense activities of the De-
activities of the Department of Energy, including in the following areas:
partment of Energy, to prescribe mili- to prescribe military personnel
tary personnel strengths for such fiscal (I) Promoting the development of tech-
strengths for such fiscal year, and for nology, including software, hardware, and
year, and for other purposes; which was other purposes; which was ordered to microprocessing technology, that will en-
ordered to lie on the table; as follows: lie on the table; as follows: hance competitiveness in fifth-generation
At the end of subtitle D of title XII, add At the appropriate place in title X, insert (commonly known as ‘‘5G’’) and successor
the following: the following: wireless technology supply chains.
SEC. 1242. SENSE OF SENATE ON THE IMPOR- SEC. lll. SECURE AND TRUSTED TECHNOLOGY. (II) Accelerating development and deploy-
TANCE OF GERMANY TO THE NORTH (a) DEFINITIONS.—In this section: ment of open interface, standards-based com-
ATLANTIC TREATY ORGANIZATION (1) APPROPRIATE COMMITTEES OF CON- patible interoperable equipment, such as
ALLIANCE AND THE UNITED STATES equipment developed pursuant to the stand-
GRESS.—The term ‘‘appropriate committees
AND ON THE CRITICAL REQUIRE- ards set forth by organizations such as the
MENTS TO MAINTAIN ROBUST of Congress’’ means—
(A) the Select Committee on Intelligence O–RAN Alliance, the Telecom Infra Project,
UNITED STATES MILITARY FORCES
IN GERMANY. of the Senate; 3GPP, the O–RAN Software Community, or
(B) the Committee on Foreign Relations of any successor organizations.
(a) FINDINGS.—The Senate makes the fol- (III) Promoting compatibility of new fifth-
lowing findings: the Senate;
(C) the Committee on Homeland Security generation wireless network equipment with
(1) The North Atlantic Treaty Organiza- future open standards-based interoperable
tion (NATO) alliance is a groundbreaking po- and Governmental Affairs of the Senate;
(D) the Committee on Armed Services of equipment.
litical and military alliance that ensures (IV) Managing integration of multivendor
freedom and democracy through shared val- the Senate;
(E) the Committee on Commerce, Science, network environments.
ues for all 30 member states of the alliance. (V) Objective criteria to define equipment
(2) NATO continues to expand, with its and Transportation of the Senate;
(F) the Committee on Appropriations of as compliant with open standards for multi-
newest member, North Macedonia, joining in vendor network equipment interoperability.
2020, showing the continued desire by Euro- the Senate;
(G) the Permanent Select Committee on (VI) Promoting development and inclusion
pean nations to join the alliance. of security features enhancing the integrity
(3) Germany is a longtime member and a Intelligence of the House of Representatives;
(H) the Committee on Foreign Affairs of and availability of equipment in multivendor
strong ally within NATO and a great friend networks.
to the United States. the House of Representatives;
(I) the Committee on Homeland Security (VII) Promoting the application of network
(4) While all NATO member nations con- function virtualization to facilitate multi-
of the House of Representatives;
tribute critical capabilities to the alliance, vendor interoperability and a more diverse
(J) the Committee on Armed Services of
the Senate encourages all allies within vendor market.
the House of Representatives;
NATO to reach the goal of spending a min- (ii) AMOUNT.—
(K) the Committee on Energy and Com-
imum of 2.0 percent of their Gross Domestic (I) IN GENERAL.—Subject to subclause (II),
merce of the House of Representatives; and
Product on defense spending as soon as pos- a grant awarded under clause (i) shall be in
(L) the Committee on Appropriations of
sible to strengthen the alliance even more. such amount as the Director of the Intel-
the House of Representatives.
(5) Germany currently spends roughly 1.54 ligence Advanced Research Projects Activity
(2) FIFTH-GENERATION WIRELESS NETWORK.—
percent of its Gross Domestic Product on de- consider appropriate.
The term ‘‘fifth-generation wireless net-
fense. As the strongest economy in Europe, work’’ means a radio network as described (II) LIMITATION ON GRANT AMOUNTS.—The
the Senate urges Germany to expedite its by the 3rd Generation Partnership Project amount of a grant awarded under this para-
timeline to meet the 2.0 percent NATO goal. (3GPP) Release 15 or higher. graph to a recipient for a specific research
(6) On March 15, 1967, Stuttgart-Vaihingen, (b) SUPPORTING THE DEVELOPMENT AND focus area may not exceed $100,000,000.
Germany, was selected as the permanent lo- ADOPTION OF SECURE AND TRUSTED TECH- (iii) CRITERIA.—The Director of the Intel-
cation for the headquarters of the United NOLOGIES AMONG INTELLIGENCE ALLIES AND ligence Advanced Research Projects Activ-
States European Command. PARTNERS.— ity, in consultation with the Secretary of
(7) Since its inception, the United States (1) COMMUNICATIONS TECHNOLOGY SECURITY Defense, the Assistant Secretary of Com-
European Command has supported more AND INNOVATION FUND.— merce for Communications and Information,
than 200 named operations and has deployed (A) ESTABLISHMENT OF FUND.— the Director of the National Institute of
forces in support of operations and training (i) IN GENERAL.—There is established in the Standards and Technology, and the Sec-
throughout Europe, Southwest Asia, and Treasury of the United States a fund to be retary of Homeland Security, shall establish
Israel. known as the ‘‘Communications Technology criteria for grants awarded under clause (i).
(8) On October 1, 2008, the United States es- Security and Innovation Fund’’ (referred to (iv) TIMING.—Not later than 1 year after
tablished the United States Africa Command in this paragraph as the ‘‘Security Fund’’). the date of the enactment of this Act, the
in Stuttgart, Germany. (ii) ADMINISTRATION.—The Director of the Director of the Intelligence Advanced Re-
(9) The United States has approximately Intelligence Advanced Research Projects Ac- search Projects Activity shall begin award-
35,000 troops stationed within Germany sup- tivity shall administer the Security Fund. ing grants under clause (i).
porting operations for two United States (iii) CONTENTS OF FUND.— (C) FEDERAL ADVISORY BODY.—
combatant commands and the NATO alli- (I) IN GENERAL.—The fund shall consist of— (i) ESTABLISHMENT.—The Director of the
ance. (aa) amounts appropriated pursuant to the Intelligence Advanced Research Projects Ac-
(10) The presence of United States military authorization of appropriations under para- tivity shall establish a Federal advisory
forces in Germany is a strong deterrent graph (3)(A); and committee, in accordance with the Federal
SSpencer on DSK126QN23PROD with SENATE
against Russian aggression in Europe and (bb) such other amounts as may be appro- Advisory Committee Act (5 U.S.C. App.),
strengthens the capability of NATO. priated or otherwise made available to the composed of government and private sector
(11) Germany is one of the Unites States’ Director of the Intelligence Advanced Re- experts, to advise the Director of the Intel-
closest and strongest European allies with search Projects Activity to be deposited in ligence Advanced Research Projects Activity
both countries sharing common trading part- the Security Fund. on the administration of the Security Fund.
ners, institutions, and friendships. (II) AVAILABILITY.— (ii) COMPOSITION.—The advisory committee
(b) SENSE OF SENATE.—It is the sense of the (aa) IN GENERAL.—Amounts deposited in established under clause (i) shall be com-
Senate that Germany— the Security Fund shall remain available posed of—
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S3334 CONGRESSIONAL RECORD — SENATE June 25, 2020
(I) representatives from— year 2031 shall be deposited in the General tion Partnership Project (3GPP) and the In-
(aa) the Federal Communications Commis- Fund of the Treasury. stitute of Electrical and Electronics Engi-
sion; (B) MULTILATERAL COMMON FUNDING MECHA- neers (IEEE).
(bb) the National Institute of Standards NISM.— (B) FORM.—The report submitted under
and Technology; (i) IN GENERAL.—The Director and the Sec- subparagraph (A) shall be submitted in un-
(cc) the Department of Defense; retary shall jointly, in coordination with for- classified form, but may include a classified
(dd) the Department of State; eign partners, establish a common funding annex.
(ee) the National Science Foundation; and mechanism that uses amounts from the Mul- (2) CONSULTATION REQUIRED.—The Director
(ff) the Department of Homeland Security; tilateral Fund to support the development and the Secretary shall carry out paragraph
and and adoption of secure and trusted tele- (1) in consultation with the following:
(II) other representatives from the private communications technologies in key mar- (A) The Federal Communications Commis-
and public sectors, at the discretion of the kets globally. sion.
Security Fund. (ii) CONSULTATION REQUIRED.—The Director (B) The Secretary of State.
(iii) DUTIES.—The advisory committee es- and the Secretary shall carry out clause (i) (C) The Assistant Secretary of Commerce
tablished under clause (i) shall advise the Di- in consultation with the following: for Communications and Information.
rector of the Intelligence Advanced Research (I) The Federal Communications Commis- (D) The Secretary of Defense.
Projects Activity on technology develop- sion. (E) The Director of National Intelligence.
ments to help inform— (II) The Secretary of State. (F) The Under Secretary of Commerce for
(III) The Assistant Secretary of Commerce Standards and Technology.
(I) the strategic direction of the Security
for Communications and Information.
Fund; and
(IV) The Director of the Intelligence Ad- SA 1815. Mr. RUBIO (for himself and
(II) efforts of the Federal Government to
vanced Research Projects Activity.
promote a more secure, diverse, sustainable, Mr. WARNER) submitted an amendment
(V) The Under Secretary of Commerce for
and competitive supply chain. intended to be proposed by him to the
Standards and Technology.
(D) REPORTS TO CONGRESS.— bill S. 4049, to authorize appropriations
(C) ANNUAL REPORT TO CONGRESS.—
(i) INITIAL REPORT.—Not later than 180 days (i) IN GENERAL.—Not later than 1 year after for fiscal year 2021 for military activi-
after the date of the enactment of this Act, the date of the enactment of this Act and not ties of the Department of Defense, for
the Director of the Intelligence Advanced less frequently than once each fiscal year
Research Projects Activity shall submit to military construction, and for defense
thereafter until fiscal year 2031, the Director activities of the Department of Energy,
the appropriate committees of Congress a re- and the Secretary shall jointly submit to the
port with— to prescribe military personnel
appropriate committees of Congress an an-
(I) additional recommendations on pro- nual report on the Multilateral Fund and the strengths for such fiscal year, and for
moting the competitiveness and sustain- use of amounts under subparagraph (B). other purposes; which was ordered to
ability of trusted suppliers in the wireless (ii) CONTENTS.—Each report submitted lie on the table; as follows:
supply chain; and under clause (i) shall include, for the fiscal At the appropriate place, insert the fol-
(II) any additional authorities needed to year covered by the report, the following: lowing:
facilitate the timely adoption of open stand- (I) Any funding commitments from foreign
ards-based equipment, including authority to DIVISION ll—INTELLIGENCE
partners, including each specific amount
provide loans, loan guarantees, and other AUTHORIZATIONS FOR FISCAL YEAR 2021
committed.
forms of credit extension that would maxi- (II) Governing criteria for use of the Sec. 1. Short title; table of contents.
mize the use of designated funds. amounts in the Multilateral Fund. Sec. 2. Definitions.
(ii) ANNUAL REPORT.—For each fiscal year (III) An account of— TITLE I—INTELLIGENCE ACTIVITIES
for which amounts in the Security Fund are (aa) how, and to whom, funds have been de- Sec. 101. Authorization of appropriations.
available under this paragraph, the Director ployed; Sec. 102. Classified Schedule of Authoriza-
of the Intelligence Advanced Research (bb) amounts remaining in the Multilat- tions.
Projects Activity shall submit to Congress a eral Fund; and
report that— Sec. 103. Intelligence Community Manage-
(cc) the progress of the Director and the ment Account.
(I) describes how, and to whom, grants Secretary in meeting the objective described
have been awarded under subparagraph (B); in subparagraph (B)(i). TITLE II—CENTRAL INTELLIGENCE
(II) details the progress of the Director of (IV) Such recommendations for legislative AGENCY RETIREMENT AND DIS-
the Intelligence Advanced Research Projects or administrative action as the Director and ABILITY SYSTEM
Activity in meeting the objectives described the Secretary may have to enhance the effec- Sec. 201. Authorization of appropriations.
in subparagraph (B)(i); and tiveness of the Multilateral Fund in achiev- TITLE III—INTELLIGENCE COMMUNITY
(III) includes such other information as the ing the security goals of the United States. MATTERS
Director of the Intelligence Advanced Re- (3) AUTHORIZATION OF APPROPRIATIONS.—
search Projects Activity determine appro- Subtitle A—General Intelligence Community
(A) COMMUNICATIONS TECHNOLOGY SECURITY
priate. Matters
AND INNOVATION FUND.—There is authorized
(2) MULTILATERAL TELECOMMUNICATIONS SE- to be appropriated to carry out paragraph (1) Sec. 301. Restriction on conduct of intel-
CURITY FUND.— $750,000,000 for the period of fiscal years 2021 ligence activities.
(A) ESTABLISHMENT OF FUND.— through 2031. Sec. 302. Increase in employee compensation
(i) IN GENERAL.—There is established in the (B) MULTILATERAL TELECOMMUNICATIONS and benefits authorized by law.
Treasury of the United States a fund to be SECURITY FUND.—There is authorized to be Sec. 303. Clarification of authorities and re-
known as the ‘‘Multilateral Telecommuni- appropriated to carry out paragraph (2) sponsibilities of National Man-
cations Security Fund’’ (in this section re- $750,000,000 for the period of fiscal years 2021 ager for National Security
ferred to as the ‘‘Multilateral Fund’’). through 2031. Telecommunications and Infor-
(ii) ADMINISTRATION.—The Director of Na- (c) EXPOSING POLITICAL PRESSURE IN INTER- mation Systems Security.
tional Intelligence and the Secretary of De- NATIONAL STANDARDS-SETTING BODIES THAT Sec. 304. Continuity of operations plans for
fense shall jointly administer the Multilat- SET STANDARDS FOR FIFTH-GENERATION WIRE- certain elements of the intel-
eral Fund. LESS NETWORKS.— ligence community in the case
(iii) USE OF AMOUNTS.—Amounts in the (1) REPORT REQUIRED.— of a national emergency.
Multilateral Fund shall be used to establish (A) IN GENERAL.—Not later than 120 days Sec. 305. Application of Executive Schedule
the common funding mechanism required by after the date of the enactment of this Act, level III to position of Director
subparagraph (B). the Director of National Intelligence shall of National Reconnaissance Of-
(iv) CONTENTS OF FUND.— submit to the appropriate committees of fice.
(I) IN GENERAL.—The Multilateral Fund Congress a report on political pressure with- Sec. 306. National Intelligence University.
shall consist of amounts appropriated pursu- in international forums that set standards Sec. 307. Requiring facilitation of establish-
ant to the authorization of appropriations for fifth-generation wireless networks and ment of Social Media Data and
under paragraph (3)(B) and such other for future generations of wireless networks, Threat Analysis Center.
amounts as may be appropriated or other- including— Sec. 308. Data collection on attrition in in-
wise made available to the Director and the (i) the International Telecommunication telligence community.
SSpencer on DSK126QN23PROD with SENATE
Secretary to be deposited in the Multilateral Union (ITU); Sec. 309. Limitation on delegation of respon-
Fund. (ii) the International Organization for sibility for program manage-
(II) AVAILABILITY.— Standardization (ISO); ment of information-sharing
(aa) IN GENERAL.—Amounts deposited in (iii) the Inter-American Telecommuni- environment.
the Multilateral Fund shall remain available cation Commission (CITEL); and Sec. 310. Improvements to provisions relat-
through fiscal year 2031. (iv) the voluntary standards organizations ing to intelligence community
(bb) REMAINDER TO TREASURY.—Any that develop protocols for wireless devices information technology envi-
amounts remaining in the Fund after fiscal and other equipment, such as the 3rd Genera- ronment.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3335
Sec. 311. Requirements and authorities for Sec. 510. Report on Iranian activities relat- SEC. 103. INTELLIGENCE COMMUNITY MANAGE-
Director of the Central Intel- ing to nuclear nonproliferation. MENT ACCOUNT.
ligence Agency to improve edu- Sec. 511. Sense of Congress on Third Option (a) AUTHORIZATION OF APPROPRIATIONS.—
cation in science, technology, Foundation. There is authorized to be appropriated for
engineering, arts, and mathe- DIVISION ll—INTELLIGENCE the Intelligence Community Management
matics. AUTHORIZATIONS FOR FISCAL YEAR 2021 Account of the Director of National Intel-
ligence for fiscal year 2021 the sum of
Subtitle B—Reports and Assessments SEC. 1. SHORT TITLE; TABLE OF CONTENTS. $731,200,000.
Pertaining to Intelligence Community (a) SHORT TITLE.—This division may be (b) CLASSIFIED AUTHORIZATION OF APPRO-
Sec. 321. Assessment by the Comptroller cited as the ‘‘Intelligence Authorization Act PRIATIONS.—In addition to amounts author-
General of the United States on for Fiscal Year 2021’’. ized to be appropriated for the Intelligence
efforts of the intelligence com- (b) TABLE OF CONTENTS.—The table of con- Community Management Account by sub-
munity and the Department of tents for this division is as follows: section (a), there are authorized to be appro-
Defense to identify and miti- SEC. 2. DEFINITIONS. priated for the Intelligence Community Man-
gate risks posed to the intel- In this division: agement Account for fiscal year 2021 such ad-
ligence community and the De- (1) CONGRESSIONAL INTELLIGENCE COMMIT- ditional amounts as are specified in the clas-
partment by the use of direct- TEES.—The term ‘‘congressional intelligence sified Schedule of Authorizations referred to
to-consumer genetic testing by committees’’ has the meaning given such in section 102(a).
the Government of the People’s term in section 3 of the National Security TITLE II—CENTRAL INTELLIGENCE AGEN-
Republic of China. Act of 1947 (50 U.S.C. 3003). CY RETIREMENT AND DISABILITY SYS-
Sec. 322. Report on use by intelligence com- (2) INTELLIGENCE COMMUNITY.—The term TEM
munity of hiring flexibilities ‘‘intelligence community’’ has the meaning
and expedited human resources SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
given such term in such section. There is authorized to be appropriated for
practices to assure quality and
TITLE I—INTELLIGENCE ACTIVITIES the Central Intelligence Agency Retirement
diversity in the workforce of
the intelligence community. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. and Disability Fund $514,000,000 for fiscal
Sec. 323. Report on signals intelligence pri- Funds are hereby authorized to be appro- year 2021.
orities and requirements. priated for fiscal year 2021 for the conduct of TITLE III—INTELLIGENCE COMMUNITY
Sec. 324. Assessment of demand for student the intelligence and intelligence-related ac- MATTERS
loan repayment program ben- tivities of the following elements of the Subtitle A—General Intelligence Community
efit. United States Government: Matters
Sec. 325. Assessment of intelligence commu- (1) The Office of the Director of National SEC. 301. RESTRICTION ON CONDUCT OF INTEL-
nity demand for child care. Intelligence. LIGENCE ACTIVITIES.
Sec. 326. Open source intelligence strategies (2) The Central Intelligence Agency. The authorization of appropriations by
and plans for the intelligence (3) The Department of Defense. this division shall not be deemed to con-
community. (4) The Defense Intelligence Agency. stitute authority for the conduct of any in-
TITLE IV—SECURITY CLEARANCES AND (5) The National Security Agency. telligence activity which is not otherwise
TRUSTED WORKFORCE (6) The Department of the Army, the De- authorized by the Constitution or the laws of
Sec. 401. Exclusivity, consistency, and partment of the Navy, and the Department the United States.
transparency in security clear- of the Air Force. SEC. 302. INCREASE IN EMPLOYEE COMPENSA-
ance procedures, and right to (7) The Coast Guard. TION AND BENEFITS AUTHORIZED
appeal. (8) The Department of State. BY LAW.
Sec. 402. Establishing process parity for se- (9) The Department of the Treasury. Appropriations authorized by this division
curity clearance revocations. (10) The Department of Energy. for salary, pay, retirement, and other bene-
Sec. 403. Federal policy on sharing of derog- (11) The Department of Justice. fits for Federal employees may be increased
atory information pertaining to (12) The Federal Bureau of Investigation. by such additional or supplemental amounts
contractor employees in the (13) The Drug Enforcement Administra- as may be necessary for increases in such
trusted workforce. tion. compensation or benefits authorized by law.
TITLE V—REPORTS AND OTHER (14) The National Reconnaissance Office. SEC. 303. CLARIFICATION OF AUTHORITIES AND
(15) The National Geospatial-Intelligence RESPONSIBILITIES OF NATIONAL
MATTERS MANAGER FOR NATIONAL SECURITY
Agency.
Sec. 501. Report on attempts by foreign ad- TELECOMMUNICATIONS AND INFOR-
(16) The Department of Homeland Secu-
versaries to build telecommuni- MATION SYSTEMS SECURITY.
rity.
cations and cybersecurity In carrying out the authorities and respon-
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA-
equipment and services for, or sibilities of the National Manager for Na-
TIONS.
to provide such equipment and tional Security Telecommunications and In-
services to, certain allies of the (a) SPECIFICATIONS OF AMOUNTS.—The formation Systems Security under National
United States. amounts authorized to be appropriated under Security Directive 42 (signed by the Presi-
Sec. 502. Report on threats posed by use by section 101 for the conduct of the intel- dent on July 5, 1990), the National Manager
foreign governments and enti- ligence activities of the elements listed in shall not supervise, oversee, or execute, ei-
ties of commercially available paragraphs (1) through (16) of section 101, are ther directly or indirectly, any aspect of the
cyber intrusion and surveil- those specified in the classified Schedule of National Intelligence Program.
lance technology. Authorizations prepared to accompany this SEC. 304. CONTINUITY OF OPERATIONS PLANS
Sec. 503. Reports on recommendations of the division. FOR CERTAIN ELEMENTS OF THE IN-
Cyberspace Solarium Commis- (b) AVAILABILITY OF CLASSIFIED SCHEDULE TELLIGENCE COMMUNITY IN THE
sion. OF AUTHORIZATIONS.— CASE OF A NATIONAL EMERGENCY.
Sec. 504. Assessment of critical technology (1) AVAILABILITY.—The classified Schedule (a) DEFINITION OF COVERED NATIONAL EMER-
trends relating to artificial in- of Authorizations referred to in subsection GENCY.—In this section, the term ‘‘covered
telligence, microchips, and (a) shall be made available to the Committee national emergency’’ means the following:
semiconductors and related on Appropriations of the Senate, the Com- (1) A major disaster declared by the Presi-
supply chains. mittee on Appropriations of the House of dent under section 401 of the Robert T. Staf-
Sec. 505. Combating Chinese influence oper- Representatives, and to the President. ford Disaster Relief and Emergency Assist-
ations in the United States and (2) DISTRIBUTION BY THE PRESIDENT.—Sub- ance Act (42 U.S.C. 5170).
strengthening civil liberties ject to paragraph (3), the President shall pro- (2) An emergency declared by the President
protections. vide for suitable distribution of the classified under section 501 of the Robert T. Stafford
Sec. 506. Annual report on corrupt activities Schedule of Authorizations referred to in Disaster Relief and Emergency Assistance
of senior officials of the Chinese subsection (a), or of appropriate portions of Act (42 U.S.C. 5191).
Communist Party. such Schedule, within the executive branch (3) A national emergency declared by the
Sec. 507. Report on corrupt activities of Rus- of the Federal Government. President under the National Emergencies
sian and other Eastern Euro- (3) LIMITS ON DISCLOSURE.—The President Act (50 U.S.C. 1601 et seq.).
pean oligarchs. shall not publicly disclose the classified (4) A public health emergency declared
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Sec. 508. Report on biosecurity risk and Schedule of Authorizations or any portion of under section 319 of the Public Health Serv-
disinformation by the Chinese such Schedule except— ice Act (42 U.S.C. 247d).
Communist Party and the Gov- (A) as provided in section 601(a) of the Im- (b) IN GENERAL.—The Director of National
ernment of the People’s Repub- plementing Recommendations of the 9/11 Intelligence, the Director of the Central In-
lic of China. Commission Act of 2007 (50 U.S.C. 3306(a)); telligence Agency, the Director of the Na-
Sec. 509. Report on effect of lifting of United (B) to the extent necessary to implement tional Reconnaissance Office, the Director of
Nations arms embargo on Is- the budget; or the Defense Intelligence Agency, the Direc-
lamic Republic of Iran. (C) as otherwise required by law. tor of the National Security Agency, and the
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S3336 CONGRESSIONAL RECORD — SENATE June 25, 2020
Director of the National Geospatial-Intel- ‘‘(1) the Secretary of Education has rec- ‘‘Subtitle D—National Intelligence
ligence Agency shall each establish con- ommended approval of the degree in accord- University
tinuity of operations plans for use in the ance with the Federal Policy Governing ‘‘Sec. 1031. Transfer date.
case of covered national emergencies for the Granting of Academic Degrees by Federal ‘‘Sec. 1032. Degree-granting authority.
element of the intelligence community con- Agencies; and ‘‘Sec. 1033. Faculty members; employment
cerned. ‘‘(2) the University is accredited by the ap- and compensation.
(c) SUBMISSION TO CONGRESS.— propriate academic accrediting agency or or- ‘‘Sec. 1034. Acceptance of faculty research
(1) DIRECTOR OF NATIONAL INTELLIGENCE ganization to award the degree, as deter- grants.
AND DIRECTOR OF THE CENTRAL INTELLIGENCE mined by the Secretary of Education. ‘‘Sec. 1035. Continued applicability of the
AGENCY.—Not later than 7 days after the date ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE- Federal Advisory Committee
on which a covered national emergency is de- MENTS.— Act to the Board of Visitors.’’.
clared, the Director of National Intelligence ‘‘(1) ACTIONS ON NONACCREDITATION.—Begin- SEC. 307. REQUIRING FACILITATION OF ESTAB-
and the Director of the Central Intelligence ning on the transfer date, the Director shall LISHMENT OF SOCIAL MEDIA DATA
Agency shall each submit to the congres- promptly— AND THREAT ANALYSIS CENTER.
sional intelligence committees the plan es- ‘‘(A) notify the congressional intelligence (a) REQUIREMENT TO FACILITATE ESTABLISH-
tablished under subsection (b) for that emer- committees of any action by the Middle MENT.—Subsection (c)(1) of section 5323 of
gency for the element of the intelligence States Commission on Higher Education, or the National Defense Authorization Act for
community concerned. other appropriate academic accrediting Fiscal Year 2020 (Public Law 116–92) is
(2) DIRECTOR OF NATIONAL RECONNAISSANCE agency or organization, to not accredit the amended, by striking ‘‘may’’ and inserting
OFFICE, DIRECTOR OF DEFENSE INTELLIGENCE University to award any new or existing de- ‘‘shall’’.
AGENCY, DIRECTOR OF NATIONAL SECURITY gree; and (b) DEADLINE TO FACILITATE ESTABLISH-
AGENCY, AND DIRECTOR OF NATIONAL ‘‘(B) submit to such committees a report MENT.—Such subsection is further amended
GEOSPATIAL-INTELLIGENCE AGENCY.—Not later containing an explanation of any such ac- by striking ‘‘The Director’’ and inserting
than 7 days after the date on which a covered tion. ‘‘Not later than 180 days after the date of the
national emergency is declared, the Director ‘‘(2) MODIFICATION OR REDESIGNATION OF DE- enactment of the Intelligence Authorization
of the National Reconnaissance Office, the GREE-GRANTING AUTHORITY.—Beginning on Act for Fiscal Year 2021, the Director’’.
Director of the Defense Intelligence Agency, the transfer date, upon any modification or (c) CONFORMING AMENDMENTS.—
the Director of the National Security Agen- redesignation of existing degree-granting au- (1) REPORTING.—Subsection (d) of such sec-
cy, and the Director of the National thority, the Director shall submit to the tion is amended—
Geospatial-Intelligence Agency shall each congressional intelligence committees a re- (A) in the matter before paragraph (1), by
submit the plan established under subsection port containing— striking ‘‘If the Director’’ and all that fol-
(b) for that emergency for the element of the ‘‘(A) the rationale for the proposed modi- lows through ‘‘the Center, the’’ and inserting
intelligence community concerned to the fol- fication or redesignation; and ‘‘The’’; and
lowing: ‘‘(B) any subsequent recommendation of (B) in paragraph (1), by striking ‘‘180 days
(A) The congressional intelligence commit- the Secretary of Education with respect to after the date of the enactment of this Act’’
tees. the proposed modification or redesignation. and inserting ‘‘180 days after the date of the
(B) The Committee on Armed Services of ‘‘SEC. 1033. FACULTY MEMBERS; EMPLOYMENT enactment of the Intelligence Authorization
the Senate. AND COMPENSATION. Act for Fiscal Year 2021’’.
(C) The Committee on Armed Services of ‘‘(a) AUTHORITY OF DIRECTOR.—Beginning (2) FUNDING.—Subsection (f) of such section
the House of Representatives. on the transfer date, the Director of Na- is amended by striking ‘‘fiscal year 2020 and
(d) UPDATES.—During a covered national
tional Intelligence may employ as many pro- 2021’’ and inserting ‘‘fiscal year 2021 and
emergency, the Director of National Intel-
fessors, instructors, and lecturers at the Na- 2022’’.
ligence, the Director of the Central Intel-
tional Intelligence University as the Direc- (3) CLERICAL.—Subsection (c) of such sec-
ligence Agency, the Director of the National
tor considers necessary. tion is amended—
Reconnaissance Office, the Director of the
Defense Intelligence Agency, the Director of ‘‘(b) COMPENSATION OF FACULTY MEM- (A) in the subsection heading, by striking
BERS.—The compensation of persons em- ‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’;
the National Security Agency, and the Di-
rector of the National Geospatial-Intel- ployed under this section shall be as pre- and
ligence Agency shall each submit any up- scribed by the Director. (B) in paragraph (1), in the paragraph head-
dates to the plans submitted under sub- ‘‘(c) COMPENSATION PLAN.—The Director ing, by striking ‘‘AUTHORITY’’ and inserting
section (c)— shall provide each person employed as a pro- ‘‘REQUIREMENT’’.
(1) in accordance with that subsection; and fessor, instructor, or lecturer at the Univer- SEC. 308. DATA COLLECTION ON ATTRITION IN
(2) in a timely manner consistent with sec- sity on the transfer date an opportunity to INTELLIGENCE COMMUNITY.
tion 501 of the National Security Act of 1947 elect to be paid under the compensation plan (a) STANDARDS FOR DATA COLLECTION.—
(50 U.S.C. 3091). in effect on the day before the transfer date (1) IN GENERAL.—Not later than 90 days
SEC. 305. APPLICATION OF EXECUTIVE SCHED- (with no reduction in pay) or under the au- after the date of the enactment of this Act,
ULE LEVEL III TO POSITION OF DI- thority of this section. the Director of National Intelligence shall
RECTOR OF NATIONAL RECONNAIS- ‘‘SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH establish standards for collecting data relat-
SANCE OFFICE. GRANTS. ing to attrition in the intelligence commu-
Section 5314 of title 5, United States Code, ‘‘The Director of National Intelligence nity workforce across demographics, speci-
is amended by adding at the end the fol- may authorize the President of the National alities, and length of service.
lowing: Intelligence University to accept qualifying (2) INCLUSION OF CERTAIN CANDIDATES.—The
‘‘Director of the National Reconnaissance research grants in the same manner and to Director shall include, in the standards es-
Office.’’. the same degree as the President of the Na- tablished under paragraph (1), standards for
SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY. tional Defense University under section collecting data from candidates who accept-
(a) IN GENERAL.—Title X of the National 2165(e) of title 10, United States Code. ed conditional offers of employment but
Security Act of 1947 (50 U.S.C. 3191 et seq.) is ‘‘SEC. 1035. CONTINUED APPLICABILITY OF THE chose to withdraw from the hiring process
amended by adding at the end the following: FEDERAL ADVISORY COMMITTEE before entering into service, including data
‘‘Subtitle D—National Intelligence University ACT TO THE BOARD OF VISITORS. with respect to the reasons such candidates
‘‘SEC. 1031. TRANSFER DATE. ‘‘The Federal Advisory Committee Act (5 chose to withdraw.
‘‘In this subtitle, the term ‘transfer date’ U.S.C. App.) shall continue to apply to the (b) COLLECTION OF DATA.—Not later than
means the date on which the National Intel- Board of Visitors of the National Intel- 120 days after the date of the enactment of
ligence University is transferred from the ligence University on and after the transfer this Act, each element of the intelligence
Defense Intelligence Agency to the Director date.’’. community shall begin collecting data on
of National Intelligence under section 5324(a) (b) CONFORMING AMENDMENTS.—Section workforce and candidate attrition in accord-
of the National Defense Authorization Act 5324 of the National Defense Authorization ance with the standards established under
for Fiscal Year 2020 (Public Law 116–92). Act for Fiscal Year 2020 (Public Law 116–92) subsection (a).
‘‘SEC. 1032. DEGREE-GRANTING AUTHORITY. is amended— (c) ANNUAL REPORT.—Not later than 1 year
‘‘(a) IN GENERAL.—Beginning on the trans- (1) in subsection (b)(1)(C), by striking ‘‘sub- after the date of the enactment of this Act,
section (e)(2)’’ and inserting ‘‘section 1032(b) and annually thereafter, the Director shall
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fer date, under regulations prescribed by the
Director of National Intelligence, the Presi- of the National Security Act of 1947’’; submit to the congressional intelligence
dent of the National Intelligence University (2) by striking subsections (e) and (f); and committees a report on workforce and can-
may, upon the recommendation of the fac- (3) by redesignating subsections (g) and (h) didate attrition in the intelligence commu-
ulty of the University, confer appropriate de- as subsections (e) and (f), respectively. nity that includes—
grees upon graduates who meet the degree (c) CLERICAL AMENDMENT.—The table of (1) the findings of the Director based on
requirements. contents of the National Security Act of 1947 the data collected under subsection (b);
‘‘(b) LIMITATION.—A degree may not be con- is amended by inserting after the item relat- (2) recommendations for addressing any
ferred under this section unless— ing to section 1024 the following: issues identified in those findings; and
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3337
(3) an assessment of timeliness in proc- and education relating to science, tech- ‘‘(d) DESIGNATION OF ADVISOR.—The Direc-
essing hiring applications of individuals pre- nology, engineering, the arts, or mathe- tor shall designate one or more individuals
viously employed by an element of the intel- matics. within the Agency to advise and assist the
ligence community, consistent with the ‘‘(3) STATE.—The term ‘State’ means each Director regarding matters relating to
Trusted Workforce 2.0 initiative sponsored of the several States, the District of Colum- science, technology, engineering, the arts,
by the Security Clearance, Suitability, and bia, the Commonwealth of Puerto Rico, the and mathematics education and training.’’.
Credentialing Performance Accountability Commonwealth of the Northern Mariana Is- Subtitle B—Reports and Assessments
Council. lands, and any other territory or possession Pertaining to Intelligence Community
SEC. 309. LIMITATION ON DELEGATION OF RE- of the United States.
SEC. 321. ASSESSMENT BY THE COMPTROLLER
SPONSIBILITY FOR PROGRAM MAN- ‘‘(b) REQUIREMENTS.—The Director shall,
GENERAL OF THE UNITED STATES
AGEMENT OF INFORMATION-SHAR- on a continuing basis— ON EFFORTS OF THE INTELLIGENCE
ING ENVIRONMENT. ‘‘(1) identify actions that the Director may COMMUNITY AND THE DEPARTMENT
(a) IN GENERAL.—Section 1016(b) of the In- take to improve education in the scientific, OF DEFENSE TO IDENTIFY AND MITI-
telligence Reform and Terrorism Prevention technology, engineering, arts, and mathe- GATE RISKS POSED TO THE INTEL-
Act of 2004 (6 U.S.C. 485(b)), as amended by matics (known as ‘STEAM’) skills necessary LIGENCE COMMUNITY AND THE DE-
section 6402(a) of the National Defense Au- to meet the long-term national security PARTMENT BY THE USE OF DIRECT-
needs of the United States for personnel pro- TO-CONSUMER GENETIC TESTING BY
thorization Act for Fiscal Year 2020 (Public
THE GOVERNMENT OF THE PEO-
Law 116–92), is further amended— ficient in such skills; and
PLE’S REPUBLIC OF CHINA.
(1) in paragraph (1), in the matter before ‘‘(2) establish and conduct programs to
carry out such actions. (a) ASSESSMENT REQUIRED.—The Comp-
subparagraph (A), by striking ‘‘Director of troller General of the United States shall as-
National Intelligence’’ and inserting ‘‘Presi- ‘‘(c) AUTHORITIES.—
‘‘(1) IN GENERAL.—The Director, in support sess the efforts of the intelligence commu-
dent’’; nity and the Department of Defense to iden-
(2) in paragraph (2), by striking ‘‘Director of educational programs in science, tech-
nology, engineering, the arts, and mathe- tify and mitigate the risks posed to the in-
of National Intelligence’’ both places it ap- telligence community and the Department
pears and inserting ‘‘President’’; and matics, may—
‘‘(A) award grants to eligible entities; by the use of direct-to-consumer genetic
(3) by adding at the end the following: testing by the Government of the People’s
‘‘(3) DELEGATION.— ‘‘(B) provide cash awards and other items
to eligible entities; Republic of China.
‘‘(A) IN GENERAL.—Subject to subparagraph (b) REPORT REQUIRED.—
(B), the President may delegate responsi- ‘‘(C) accept voluntary services from eligi-
ble entities; (1) DEFINITION OF UNITED STATES DIRECT-TO-
bility for carrying out this subsection. CONSUMER GENETIC TESTING COMPANY.—In this
‘‘(B) LIMITATION.—The President may not ‘‘(D) support national competition judging,
other educational event activities, and asso- subsection, the term ‘‘United States direct-
delegate responsibility for carrying out this to-consumer genetic testing company’’
subsection to the Director of National Intel- ciated award ceremonies in connection with
such educational programs; and means a private entity that—
ligence.’’. (A) carries out direct-to-consumer genetic
‘‘(E) enter into one or more education part-
(b) EFFECTIVE DATE.—The amendments testing; and
nership agreements with educational institu-
made by subsection (a) shall take effect on (B) is organized under the laws of the
tions in the United States for the purpose of
October 1, 2020. United States or any jurisdiction within the
encouraging and enhancing study in science,
SEC. 310. IMPROVEMENTS TO PROVISIONS RE- United States.
technology, engineering, the arts, and math-
LATING TO INTELLIGENCE COMMU-
ematics disciplines at all levels of education. (2) IN GENERAL.—Not later than 180 days
NITY INFORMATION TECHNOLOGY
ENVIRONMENT. ‘‘(2) EDUCATION PARTNERSHIP AGREE- after the date of the enactment of this Act,
Section 6312 of the National Defense Au- MENTS.— the Comptroller General shall submit to
thorization Act for Fiscal Year 2020 (Public ‘‘(A) NATURE OF ASSISTANCE PROVIDED.— Congress, including the congressional intel-
Law 116–92) is amended by striking sub- Under an education partnership agreement ligence committees, the Committee on
sections (e) through (i) and inserting the fol- entered into with an educational institution Armed Services of the Senate, and the Com-
under paragraph (1)(E), the Director may mittee on Armed Services of the House of
lowing:
‘‘(e) LONG-TERM ROADMAP.—Not later than provide assistance to the educational insti- Representatives, a report on the assessment
180 days after the date of the enactment of tution by— required by subsection (a).
the Intelligence Authorization Act for Fiscal ‘‘(i) loaning equipment to the educational (3) ELEMENTS.—The report required by
Year 2021, the Director of National Intel- institution for any purpose and duration in paragraph (2) shall include the following:
ligence shall develop and maintain a long- support of such agreement that the Director (A) A description of key national security
term roadmap for the intelligence commu- considers appropriate; risks and vulnerabilities associated with di-
nity information technology environment. ‘‘(ii) making personnel available to teach rect-to-consumer genetic testing, includ-
‘‘(f) BUSINESS PLAN.—Not later than 180 science courses or to assist in the develop- ing—
days after the date of the enactment of the ment of science courses and materials for the (i) how the Government of the People’s Re-
Intelligence Authorization Act for Fiscal educational institution; public of China may be using data provided
Year 2021, the Director of National Intel- ‘‘(iii) providing sabbatical opportunities by personnel of the intelligence community
ligence shall develop and maintain a busi- for faculty and internship opportunities for and the Department through direct-to-con-
ness plan to implement the long-term road- students; sumer genetic tests; and
map required by subsection (e).’’. ‘‘(iv) involving faculty and students of the (ii) how ubiquitous technical surveillance
educational institution in Agency projects, may amplify those risks.
SEC. 311. REQUIREMENTS AND AUTHORITIES
FOR DIRECTOR OF THE CENTRAL IN-
including research and technology transfer (B) An assessment of the extent to which
TELLIGENCE AGENCY TO IMPROVE or transition projects; the intelligence community and the Depart-
EDUCATION IN SCIENCE, TECH- ‘‘(v) cooperating with the educational in- ment have identified risks and
NOLOGY, ENGINEERING, ARTS, AND stitution in developing a program under vulnerabilities posed by direct-to-consumer
MATHEMATICS. which students may be given academic cred- genetic testing and have sought to mitigate
The Central Intelligence Agency Act of it for work on Agency projects, including re- such risks and vulnerabilities, or have plans
1949 (50 U.S.C. 3501 et seq.) is amended by search and technology transfer for transition for such mitigation, including the extent to
adding the following: projects; and which the intelligence community has deter-
‘‘SEC. 24.
IMPROVEMENT OF EDUCATION IN ‘‘(vi) providing academic and career advice mined—
SCIENCE, TECHNOLOGY, ENGINEER- and assistance to students of the educational (i) in which United States direct-to-con-
ING, ARTS, AND MATHEMATICS. institution. sumer genetic testing companies the Govern-
‘‘(a) DEFINITIONS.—In this section: ‘‘(B) PRIORITIES.—In entering into edu- ment of the People’s Republic of China or en-
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible cation partnership agreements under para- tities owned or controlled by the Govern-
entity’ includes a department or agency of graph (1)(E), the Director shall prioritize en- ment of the People’s Republic of China have
the Federal Government, a State, a political tering into education partnership agree- an ownership interest; and
subdivision of a State, an individual, and a ments with the following: (ii) which United States direct-to-con-
not-for-profit or other organization in the ‘‘(i) Historically Black colleges and univer- sumer genetic testing companies may have
private sector. sities and other minority-serving institu- sold data to the Government of the People’s
‘‘(2) EDUCATIONAL INSTITUTION.—The term tions, as described in section 371(a) of the Republic of China or entities owned or con-
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‘educational institution’ includes any public Higher Education Act of 1965 (20 U.S.C. trolled by the Government of the People’s
or private elementary school or secondary 1067q(a)). Republic of China.
school, institution of higher education, col- ‘‘(ii) Educational institutions serving (C) Such recommendations as the Comp-
lege, university, or any other profit or non- women, members of minority groups, and troller General may have for action by the
profit institution that is dedicated to im- other groups of individuals who traditionally intelligence community and the Department
proving science, technology, engineering, the are involved in the science, technology, engi- to improve the identification and mitigation
arts, mathematics, business, law, medicine, neering, arts, and mathematics professions of risks and vulnerabilities posed by the use
or other fields that promote development in disproportionately low numbers. of direct-to-consumer genetic testing by the
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S3338 CONGRESSIONAL RECORD — SENATE June 25, 2020
Government of the People’s Republic of ceiving a benefit is required to serve under a IMPROVING USABILITY OF OPEN SOURCE EN-
China. continuing service agreement; and TERPRISE, AND RISK ANALYSIS OF CREATING
(4) FORM.—The report required by para- (4) identify any shortfall in funds or au- OPEN SOURCE CENTER.—Not later than 180
graph (2) shall be submitted in unclassified thorities needed to provide such a benefit. days after the date of the enactment of this
form, but may include a classified annex. (b) INCLUSION IN FISCAL YEAR 2022 BUDGET Act, the Director, in coordination with the
(c) COOPERATION.—The heads of relevant SUBMISSION.—The Director of National Intel- head of each element of the intelligence
elements of the intelligence community and ligence shall include in the budget justifica- community and using the findings of the Di-
components of the Department shall— tion materials submitted to Congress in sup- rector with respect to the survey conducted
(1) fully cooperate with the Comptroller port of the budget for the intelligence com- under subsection (a), shall—
General in conducting the assessment re- munity for fiscal year 2022 (as submitted (1) develop a strategy for open source intel-
quired by subsection (a); and with the budget of the President under sec- ligence collection, analysis, and production
(2) provide any information and data re- tion 1105(a) of title 31, United States Code) a that defines the overarching goals, roles, re-
quired by the Comptroller General to con- report on the findings of the elements of the sponsibilities, and processes for such collec-
duct the assessment. intelligence community under subsection tion, analysis, and production for the intel-
SEC. 322. REPORT ON USE BY INTELLIGENCE (a). ligence community;
COMMUNITY OF HIRING FLEXIBILI- SEC. 325. ASSESSMENT OF INTELLIGENCE COM- (2) develop a plan for improving usability
TIES AND EXPEDITED HUMAN RE- MUNITY DEMAND FOR CHILD CARE. and utility of the Open Source Enterprise
SOURCES PRACTICES TO ASSURE (a) IN GENERAL.—Not later than 180 days based on the customer feedback solicited
QUALITY AND DIVERSITY IN THE after the date of the enactment of this Act, under subsection (a)(2); and
WORKFORCE OF THE INTELLIGENCE the Director of National Intelligence, in co-
COMMUNITY.
(3) conduct a risk and benefit analysis of
ordination with the heads of the elements of creating an open source center independent
(a) IN GENERAL.—Not later than 180 days the intelligence community specified in sub- of any current intelligence community ele-
after the date of the enactment of this Act, section (b), shall submit to the congressional ment.
the Director of National Intelligence shall intelligence committees a report that in- (c) REQUIREMENT FOR PLAN FOR CENTRAL-
submit to the congressional intelligence cludes— IZED DATA REPOSITORY.—Not later than 270
committees a report on how elements of the (1) a calculation of the total annual de- days after the date of the enactment of this
intelligence community are exercising hiring mand for child care by employees of such Act and using the findings of the Director
flexibilities and expedited human resources elements, at or near the workplaces of such with respect to the survey and evaluation
practices afforded under section 3326 of title employees, including a calculation of the de- conducted under subsection (a), the strategy
5, United States Code, and subpart D of part mand for early morning and evening child and plan developed under subsection (b), and
315 of title 5, Code of Federal Regulations, or care; the risk and benefit analysis conducted
successor regulation, to assure quality and (2) an identification of any shortfall be- under such subsection, the Director shall de-
diversity in the workforce of the intelligence tween the demand calculated under para- velop a plan for a centralized data repository
community. graph (1) and the child care supported by of open source intelligence that enables all
(b) OBSTACLES.—The report submitted such elements as of the date of the report; elements of the intelligence community—
under subsection (a) shall include identifica- (3) an assessment of options for addressing (1) to use such repository for their specific
tion of any obstacles encountered by the in- any such shortfall, including options for pro- requirements; and
telligence community in exercising the au- viding child care at or near the workplaces (2) to derive open source intelligence ad-
thorities described in such subsection. of employees of such elements; vantages.
SEC. 323. REPORT ON SIGNALS INTELLIGENCE (4) an identification of the advantages, dis- (d) REQUIREMENT FOR COST-SHARING
PRIORITIES AND REQUIREMENTS. advantages, security requirements, and costs MODEL.—Not later than 1 year after the date
(a) REPORT REQUIRED.—Not later than 30 associated with each such option; of the enactment of this Act and using the
days after the date of the enactment of this (5) a plan to meet, by the date that is 5 findings of the Director with respect to the
Act, the Director of National Intelligence years after the date of the report— survey and evaluation conducted under sub-
shall submit to the congressional intel- (A) the demand calculated under paragraph section (a), the strategy and plan developed
ligence committees a report on signals intel- (1); or under subsection (b), the risk and benefit
ligence priorities and requirements subject (B) an alternative standard established by analysis conducted under such subsection,
to Presidential Policy Directive 28. the Director for child care available to em- and the plan developed under subsection (c),
(b) ELEMENTS.—The report required by sub- ployees of such elements; and the Director shall develop a cost-sharing
section (a) shall cover the following: (6) an assessment of needs of specific ele- model that leverages the open source intel-
(1) The implementation of the annual proc- ments of the intelligence community, in- ligence investments of each element of the
ess for advising the Director on signals intel- cluding any Government-provided child care intelligence community for the beneficial
ligence priorities and requirements described that could be collocated with a workplace of use of the entire intelligence community.
in section 3 of Presidential Policy Directive employees of such an element and any avail- (e) CONGRESSIONAL BRIEFING.—Not later
28. able child care providers in the proximity of than 1 year after the date of the enactment
(2) The signals intelligence priorities and such a workplace. of this Act, the Director of National Intel-
requirements as of the most recent annual (b) ELEMENTS SPECIFIED.—The elements of ligence, the Director of the Central Intel-
process. the intelligence community specified in this ligence Agency, the Director of the Defense
(3) The application of such priorities and subsection are the following: Intelligence Agency, the Director of the Na-
requirements to the signals intelligence col- (1) The Central Intelligence Agency. tional Geospatial-Intelligence Agency, and
lection efforts of the intelligence commu- (2) The National Security Agency. the Director of the National Security Agen-
nity. (3) The Defense Intelligence Agency. cy shall jointly brief the congressional intel-
(4) The contents of the classified annex ref- (4) The National Geospatial-Intelligence ligence committees on—
erenced in section 3 of Presidential Policy Agency. (1) the strategy developed under paragraph
Directive 28. (5) The National Reconnaissance Office. (1) of subsection (b);
(c) FORM.—The report submitted under (6) The Office of the Director of National (2) the plan developed under paragraph (2)
subsection (a) shall be submitted in unclassi- Intelligence. of such subsection;
fied form, but may include a classified SEC. 326. OPEN SOURCE INTELLIGENCE STRATE- (3) the plan developed under subsection (c);
annex. GIES AND PLANS FOR THE INTEL- and
SEC. 324. ASSESSMENT OF DEMAND FOR STU- LIGENCE COMMUNITY. (4) the cost-sharing model developed under
DENT LOAN REPAYMENT PROGRAM (a) REQUIREMENT FOR SURVEY AND EVALUA- subsection (d).
BENEFIT. TION OF CUSTOMER FEEDBACK.—Not later TITLE IV—SECURITY CLEARANCES AND
(a) IN GENERAL.—Not later than 90 days than 90 days after the date of the enactment TRUSTED WORKFORCE
after the date of the enactment of this Act, of this Act, the Director of National Intel- SEC. 401.
EXCLUSIVITY, CONSISTENCY, AND
the head of each element of the intelligence ligence, in coordination with the head of TRANSPARENCY IN SECURITY
community shall— each element of the intelligence community, CLEARANCE PROCEDURES, AND
(1) calculate the number of personnel of shall— RIGHT TO APPEAL.
that element who qualify for a student loan (1) conduct a survey of the open source in- (a) EXCLUSIVITY OF PROCEDURES.—Section
repayment program benefit; telligence requirements, goals, monetary 801 of the National Security Act of 1947 (50
(2) compare the number calculated under and property investments, and capabilities U.S.C. 3161) is amended by adding at the end
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paragraph (1) to the number of personnel for each element of the intelligence commu- the following:
who apply for such a benefit; nity; and ‘‘(c) EXCLUSIVITY.—Except as provided in
(3) provide recommendations for how to (2) evaluate the usability and utility of the subsection (b) and subject to sections 801A
structure such a program to optimize par- Open Source Enterprise by soliciting cus- and 801B, the procedures established pursu-
ticipation and enhance the effectiveness of tomer feedback and evaluating such feed- ant to subsection (a) and promulgated and
the benefit as a retention tool, including back. set forth under subpart A of title 32, Code of
with respect to the amount of the benefit of- (b) REQUIREMENT FOR OVERALL STRATEGY Federal Regulations, or successor regula-
fered and the length of time an employee re- AND FOR INTELLIGENCE COMMUNITY, PLAN FOR tions, shall be the exclusive procedures by
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3339
which decisions about eligibility for access ‘‘(2) COVERED PERSON.—The term ‘covered ‘‘(aa) section 552 of title 5, United States
to classified information are governed.’’. person’ means a person, other than the Code (commonly known as the ‘Freedom of
(b) TRANSPARENCY.—Such section is fur- President and Vice President, currently or Information Act’);
ther amended by adding at the end the fol- formerly employed in, detailed to, assigned ‘‘(bb) section 552a of such title (commonly
lowing: to, or issued an authorized conditional offer known as the ‘Privacy Act of 1974’); and
‘‘(d) PUBLICATION.— of employment for a position that requires ‘‘(cc) such other provisions of law relating
‘‘(1) IN GENERAL.—Not later than 180 days access to classified information by an agen- to the protection of confidential sources and
after the date of the enactment of this sub- cy, including the following: privacy of individuals.
section, the President shall— ‘‘(A) A member of the Armed Forces. ‘‘(iii)(I) The covered person shall have the
‘‘(A) publish in the Federal Register the ‘‘(B) A civilian. opportunity to retain counsel or other rep-
procedures established pursuant to sub- ‘‘(C) An expert or consultant with a con- resentation at the covered person’s expense.
section (a); or tractual or personnel obligation to an agen- ‘‘(II) Upon the request of the covered per-
‘‘(B) submit to Congress a certification cy. son, and a showing that the ability to review
that the procedures currently in effect that ‘‘(D) Any other category of person who acts classified information is essential to the res-
govern access to classified information as de- for or on behalf of an agency as determined
scribed in subsection (a)— olution of an appeal under this subsection,
by the head of the agency. counsel or other representation retained
‘‘(i) are published in the Federal Register; ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED
and under this clause shall be considered for ac-
INFORMATION.—The term ‘eligibility for ac-
‘‘(ii) comply with the requirements of sub- cess to classified information for the limited
cess to classified information’ has the mean-
section (a). purposes of such appeal.
ing given such term in the procedures estab-
‘‘(2) UPDATES.—Whenever the President ‘‘(iv)(I) The head of the agency shall pro-
lished pursuant to section 801(a).
makes a revision to a procedure established vide the covered person an opportunity, at a
‘‘(4) NEED FOR ACCESS.—The term ‘need for
pursuant to subsection (a), the President point in the process determined by the agen-
access’ has such meaning as the President
shall publish such revision in the Federal cy head—
may define in the procedures established
Register not later than 30 days before the ‘‘(aa) to appear personally before an adju-
pursuant to section 801(a).
date on which the revision becomes effec- ‘‘(5) RECIPROCITY OF CLEARANCE.—The term dicative or other authority, other than the
tive.’’. ‘reciprocity of clearance’, with respect to a investigating entity, and to present to such
(c) CONSISTENCY.— denial by an agency, means that the agency, authority relevant documents, materials,
(1) IN GENERAL.—Title VIII of the National with respect to a covered person— and information, including evidence that
Security Act of 1947 (50 U.S.C. 3161 et seq.) is ‘‘(A) failed to accept a security clearance past problems relating to the denial or rev-
amended by inserting after section 801 the background investigation as required by ocation have been overcome or sufficiently
following: paragraph (1) of section 3001(d) of the Intel- mitigated; and
‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO ligence Reform and Terrorism Prevention ‘‘(bb) to call and cross-examine witnesses
CLASSIFIED INFORMATION. Act of 2004 (50 U.S.C. 3341(d)); before such authority, unless the head of the
‘‘(a) DEFINITIONS.—In this section: ‘‘(B) failed to accept a transferred security agency determines that calling and cross-ex-
‘‘(1) AGENCY.—The term ‘agency’ has the clearance background investigation required amining witnesses is not consistent with the
meaning given the term ‘Executive agency’ by paragraph (2) of such section; interests of national security.
in section 105 of title 5, United States Code. ‘‘(C) subjected the covered person to an ad- ‘‘(II) The head of the agency shall make, as
‘‘(2) CLASSIFIED INFORMATION.—The term ditional investigative or adjudicative re- part of the security record of the covered
‘classified information’ includes sensitive quirement in violation of paragraph (3) of person, a written summary, transcript, or re-
compartmented information, restricted data, such section; or cording of any appearance under item (aa) of
restricted handling information, and other ‘‘(D) conducted an investigation in viola- subclause (I) or of any calling or cross-exam-
compartmented information. tion of paragraph (4) of such section. ining of witnesses under item (bb) of such
‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED ‘‘(6) SECURITY EXECUTIVE AGENT.—The term subclause.
INFORMATION.—The term ‘eligibility for ac- ‘Security Executive Agent’ means the officer ‘‘(v) On or before the date that is 30 days
cess to classified information’ has the mean- serving as the Security Executive Agent pur- after the date on which the covered person
ing given such term in the procedures estab- suant to section 803. receives copies of documents under clause
lished pursuant to section 801(a). ‘‘(b) AGENCY REVIEW.— (ii), the covered person may request a hear-
‘‘(b) IN GENERAL.—Each head of an agency ‘‘(1) IN GENERAL.—Not later than 180 days ing of the decision to deny or revoke by fil-
that makes a determination regarding eligi- after the date of the enactment of the Intel- ing a written appeal with the head of the
bility for access to classified information ligence Authorization Act for Fiscal Year agency.
shall ensure that in making the determina- 2021, each head of an agency shall, consistent ‘‘(B) A requirement that each review of a
tion, the head of the agency or any person with the interest of national security, estab- decision under this subsection is completed
acting on behalf of the head of the agency— lish and publish in the Federal Register a on average not later than 180 days after the
‘‘(1) does not violate any right or protec- process by which a covered person to whom date on which a hearing is requested under
tion enshrined in the Constitution of the eligibility for access to classified informa- subparagraph (A)(v).
United States, including rights articulated tion was denied or revoked by the agency or ‘‘(3) AGENCY REVIEW PANELS.—
in the First, Fifth, and Fourteenth Amend- for whom reciprocity of clearance was denied ‘‘(A) IN GENERAL.—Each head of an agency
ments; by the agency can appeal that denial or rev- shall establish a panel to hear and review ap-
‘‘(2) does not discriminate for or against an ocation within the agency. peals under this subsection.
individual on the basis of race, ethnicity, ‘‘(2) ELEMENTS.—The process required by ‘‘(B) MEMBERSHIP.—
color, religion, sex, national origin, age, or paragraph (1) shall include the following: ‘‘(i) COMPOSITION.—Each panel established
handicap; ‘‘(A) In the case of a covered person to by the head of an agency under subparagraph
‘‘(3) is not carrying out— whom eligibility for access to classified in- (A) shall be composed of at least three em-
‘‘(A) retaliation for political activities or formation or reciprocity of clearance is de- ployees of the agency selected by the agency
beliefs; or nied or revoked by an agency, the following: head, two of whom shall not be members of
‘‘(B) a coercion or reprisal described in sec- ‘‘(i) The head of the agency shall provide the security field.
tion 2302(b)(3) of title 5, United States Code; the covered person with a written— ‘‘(ii) TERMS.—A term of service on a panel
and ‘‘(I) detailed explanation of the basis for established by the head of an agency under
‘‘(4) does not violate section 3001(j)(1) of the denial or revocation as the head of the subparagraph (A) shall not exceed 2 years.
the Intelligence Reform and Terrorism Pre- agency determines is consistent with the in- ‘‘(C) DECISIONS.—
vention Act of 2004 (50 U.S.C. 3341(j)(1)).’’. terests of national security and as permitted ‘‘(i) WRITTEN.—Each decision of a panel es-
(2) CLERICAL AMENDMENT.—The table of by other applicable provisions of law; and tablished under subparagraph (A) shall be in
contents in the matter preceding section 2 of ‘‘(II) notice of the right of the covered per- writing and contain a justification of the de-
the National Security Act of 1947 (50 U.S.C. son to a hearing and appeal under this sub- cision.
3002) is amended by inserting after the item section. ‘‘(ii) CONSISTENCY.—Each head of an agency
relating to section 801 the following: ‘‘(ii) Not later than 30 days after receiving that establishes a panel under subparagraph
‘‘Sec. 801A. Decisions relating to access to a request from the covered person for copies (A) shall ensure that each decision of the
classified information.’’. of the documents that formed the basis of panel is consistent with the interests of na-
(d) RIGHT TO APPEAL.— the agency’s decision to revoke or deny, in- tional security and applicable provisions of
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(1) IN GENERAL.—Such title, as amended by cluding the investigative file, the head of the law.
subsection (c), is further amended by insert- agency shall provide to the covered person ‘‘(iii) OVERTURN.—The head of an agency
ing after section 801A the following: copies of such documents as— may overturn a decision of the panel if, not
‘‘SEC. 801B. RIGHT TO APPEAL. ‘‘(I) the head of the agency determines is later than 30 days after the date on which
‘‘(a) DEFINITIONS.—In this section: consistent with the interests of national se- the panel issues the decision, the agency
‘‘(1) AGENCY.—The term ‘agency’ has the curity; and head personally exercises the authority
meaning given the term ‘Executive agency’ ‘‘(II) permitted by other applicable provi- granted by this clause to overturn such deci-
in section 105 of title 5, United States Code. sions of law, including— sion.
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S3340 CONGRESSIONAL RECORD — SENATE June 25, 2020
‘‘(iv) FINALITY.—Each decision of a panel not be made available to such covered per- ‘‘(ii) CONTENTS.—Each report submitted
established under subparagraph (A) or over- son. under clause (i) shall include, for the period
turned pursuant to clause (iii) of this sub- ‘‘(2) FINALITY.—A determination under covered by the report, the following:
paragraph shall be final. paragraph (1) shall be final and conclusive ‘‘(I) The number of cases and reasons for
‘‘(D) ACCESS TO CLASSIFIED INFORMATION.— and may not be reviewed by any other offi- determinations made under paragraph (2),
The head of an agency that establishes a cial or by any court. disaggregated by agency.
panel under subparagraph (A) shall afford ac- ‘‘(3) REPORTING.— ‘‘(II) Such other matters as the Security
cess to classified information to the mem- ‘‘(A) CASE-BY-CASE.— Executive Agent considers appropriate.
bers of the panel as the agency head deter- ‘‘(i) IN GENERAL.—In each case in which the ‘‘(f) RELATIONSHIP TO SUITABILITY.—No per-
mines— head of an agency determines under para- son may use a determination of suitability
‘‘(i) necessary for the panel to hear and re- graph (1) that a procedure established under under part 731 of title 5, Code of Federal Reg-
view an appeal under this subsection; and subsection (b) cannot be made available to a ulations, or successor regulation, for the
‘‘(ii) consistent with the interests of na- covered person, the agency head shall, not purpose of denying a covered person the re-
tional security. later than 30 days after the date on which view proceedings of this section where there
‘‘(4) REPRESENTATION BY COUNSEL.— the agency head makes such determination, has been a denial or revocation of eligibility
‘‘(A) IN GENERAL.—Each head of an agency submit to the Security Executive Agent and for access to classified information or a de-
shall ensure that, under this subsection, a to the congressional intelligence committees nial of reciprocity of clearance.
covered person appealing a decision of the ‘‘(g) PRESERVATION OF ROLES AND RESPON-
a report stating the reasons for the deter-
head’s agency under this subsection has an SIBILITIES UNDER EXECUTIVE ORDER 10865 AND
mination.
opportunity to retain counsel or other rep- OF THE DEFENSE OFFICE OF HEARINGS AND AP-
‘‘(ii) FORM.—A report submitted under PEALS.—Nothing in this section shall be con-
resentation at the covered person’s expense.
clause (i) may be submitted in classified strued to diminish or otherwise affect the
‘‘(B) ACCESS TO CLASSIFIED INFORMATION.—
form as necessary. procedures in effect on the day before the
‘‘(i) IN GENERAL.—Upon the request of a
‘‘(B) ANNUAL REPORTS.— date of the enactment of this Act for denial
covered person appealing a decision of an
agency under this subsection and a showing ‘‘(i) IN GENERAL.—Not less frequently than and revocation procedures provided to indi-
that the ability to review classified informa- once each fiscal year, the Security Executive viduals by Executive Order 10865 (50 U.S.C.
tion is essential to the resolution of the ap- Agent shall submit to the congressional in- 3161 note; relating to safeguarding classified
peal under this subsection, the head of the telligence committees a report on the deter- information within industry), or successor
agency shall sponsor an application by the minations made under paragraph (1) during order, including those administered through
counsel or other representation retained the previous fiscal year. the Defense Office of Hearings and Appeals of
under this paragraph for access to classified ‘‘(ii) CONTENTS.—Each report submitted the Department of Defense under Depart-
information for the limited purposes of such under clause (i) shall include, for the period ment of Defense Directive 5220.6, or successor
appeal. covered by the report, the following: directive.
‘‘(ii) EXTENT OF ACCESS.—Counsel or an- ‘‘(I) The number of cases and reasons for ‘‘(h) RULE OF CONSTRUCTION RELATING TO
other representative who is cleared for ac- determinations made under paragraph (1), CERTAIN OTHER PROVISIONS OF LAW.—This
cess under this subparagraph may be af- disaggregated by agency. section and the processes and procedures es-
forded access to relevant classified materials ‘‘(II) Such other matters as the Security tablished under this section shall not be con-
to the extent consistent with the interests of Executive Agent considers appropriate. strued to apply to paragraphs (6) and (7) of
national security. section 3001(j) of the Intelligence Reform and
‘‘(e) DENIALS AND REVOCATIONS UNDER
‘‘(5) PUBLICATION OF DECISIONS.— Terrorism Prevention Act of 2004 (50 U.S.C.
OTHER PROVISIONS OF LAW.— 3341(j)).’’.
‘‘(A) IN GENERAL.—Each head of an agency
‘‘(1) RULE OF CONSTRUCTION.—Nothing in (2) CLERICAL AMENDMENT.—The table of
shall publish each final decision on an appeal
this section shall be construed to limit or af- contents in the matter preceding section 2 of
under this subsection.
fect the responsibility and power of the head the National Security Act of 1947 (50 U.S.C.
‘‘(B) REQUIREMENTS.—In order to ensure
of an agency to deny or revoke eligibility for 3002), as amended by subsection (c), is fur-
transparency, oversight by Congress, and
access to classified information or to deny ther amended by inserting after the item re-
meaningful information for those who need
reciprocity of clearance in the interest of na- lating to section 801A the following:
to understand how the clearance process
tional security.
works, each publication under subparagraph ‘‘Sec. 801B. Right to appeal.’’.
‘‘(2) DENIALS AND REVOCATION.—The power
(A) shall be— SEC. 402. ESTABLISHING PROCESS PARITY FOR
and responsibility to deny or revoke eligi- SECURITY CLEARANCE REVOCA-
‘‘(i) made in a manner that is consistent
with section 552 of title 5, United States bility for access to classified information or TIONS.
Code, as amended by the Electronic Freedom to deny reciprocity of clearance pursuant to Subparagraph (C) of section 3001(j)(4) of the
of Information Act Amendments of 1996 any other provision of law or Executive Intelligence Reform and Terrorism Preven-
(Public Law 104–231); order may be exercised only when the head tion Act of 2004 (50 U.S.C. 3341(j)(4)) is
‘‘(ii) published to explain the facts of the of an agency determines that an applicable amended to read as follows:
case, redacting personally identifiable infor- process established under this section cannot ‘‘(C) BURDENS OF PROOF.—
mation and sensitive program information; be invoked in a manner that is consistent ‘‘(i) IN GENERAL.—Subject to clause (iii), in
and with national security. determining whether the adverse security
‘‘(iii) made available on a website that is ‘‘(3) FINALITY.—A determination under clearance or access determination violated
searchable by members of the public. paragraph (2) shall be final and conclusive paragraph (1), the agency shall find that
‘‘(c) PERIOD OF TIME FOR THE RIGHT TO AP- and may not be reviewed by any other offi- paragraph (1) was violated if the individual
PEAL.— cial or by any court. has demonstrated that a disclosure described
‘‘(1) IN GENERAL.—Except as provided in ‘‘(4) REPORTING.— in paragraph (1) was a contributing factor in
paragraph (2), any covered person who has ‘‘(A) CASE-BY-CASE.— the adverse security clearance or access de-
been the subject of a decision made by the ‘‘(i) IN GENERAL.—In each case in which the termination taken against the individual.
head of an agency to deny or revoke eligi- head of an agency determines under para- ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.—An indi-
bility for access to classified information graph (2) that a determination relating to a vidual under clause (i) may demonstrate that
shall retain all rights to appeal under this denial or revocation of eligibility for access the disclosure was a contributing factor in
section until the conclusion of the appeals to classified information or denial of reci- the adverse security clearance or access de-
process under this section. procity of clearance could not be made pur- termination taken against the individual
‘‘(2) WAIVER OF RIGHTS.— suant to a process established under this sec- through circumstantial evidence, such as
‘‘(A) PERSONS.—Any covered person may tion, the agency head shall, not later than 30 evidence that—
voluntarily waive the covered person’s right days after the date on which the agency head ‘‘(I) the official making the determination
to appeal under this section and such waiver makes such a determination under para- knew of the disclosure; and
shall be conclusive. graph (2), submit to the Security Executive ‘‘(II) the determination occurred within a
‘‘(B) AGENCIES.—The head of an agency Agent and to the congressional intelligence period such that a reasonable person could
may not require a covered person to waive committees a report stating the reasons for conclude that the disclosure was a contrib-
the covered person’s right to appeal under the determination. uting factor in the determination.
this section for any reason. ‘‘(ii) FORM.—A report submitted under ‘‘(iii) DEFENSE.—In determining whether
‘‘(d) WAIVER OF AVAILABILITY OF PROCE- clause (i) may be submitted in classified the adverse security clearance or access de-
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DURES FOR NATIONAL SECURITY INTEREST.— form as necessary. termination violated paragraph (1), the agen-
‘‘(1) IN GENERAL.—If the head of an agency ‘‘(B) ANNUAL REPORTS.— cy shall not find that paragraph (1) was vio-
determines that a procedure established ‘‘(i) IN GENERAL.—Not less frequently than lated if, after a finding that a disclosure was
under subsection (b) cannot be made avail- once each fiscal year, the Security Executive a contributing factor, the agency dem-
able to a covered person in an exceptional Agent shall submit to the congressional in- onstrates by clear and convincing evidence
case without damaging a national security telligence committees a report on the deter- that it would have made the same security
interest of the United States by revealing minations made under paragraph (2) during clearance or access determination in the ab-
classified information, such procedure shall the previous fiscal year. sence of such disclosure.’’.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3341
SEC. 403. FEDERAL POLICY ON SHARING OF DE- place in relevant security clearance data- SEC. 502. REPORT ON THREATS POSED BY USE BY
ROGATORY INFORMATION PER- bases; FOREIGN GOVERNMENTS AND ENTI-
TAINING TO CONTRACTOR EMPLOY- TIES OF COMMERCIALLY AVAILABLE
(7) establish a procedure by which the con-
EES IN THE TRUSTED WORKFORCE. CYBER INTRUSION AND SURVEIL-
tractor employer of the contractor employee LANCE TECHNOLOGY.
(a) POLICY REQUIRED.—Not later than 180
may consult with the Federal Government (a) REPORT REQUIRED.—Not later than 180
days after the date of the enactment of this
Act, the Security Executive Agent, in co- prior to taking any remedial action under days after the date of the enactment of this
ordination with the principal members of the section 1–202 of the National Industrial Secu- Act, the Director of National Intelligence
Performance Accountability Council and the rity Program Operating Manual, or successor shall submit to the congressional intel-
Attorney General, shall issue a policy for the manual, to address the derogatory informa- ligence committees a report on the threats
Federal Government on sharing of deroga- tion the Federal agency has provided; posed by the use by foreign governments and
tory information pertaining to contractor (8) stipulate that the chief security officer entities of commercially available cyber in-
employees engaged by the Federal Govern- of the contractor employer is prohibited trusion and other surveillance technology.
ment. from sharing or discussing covered deroga- (b) CONTENTS.—The report required by sub-
(b) CONSENT REQUIREMENT.— tory information with other parties, includ- section (a) shall include the following:
(1) IN GENERAL.—The policy issued under ing nonsecurity professionals at the con- (1) Matters relating to threats described in
subsection (a) shall require, as a condition of tractor employer; and subsection (a) as they pertain to the fol-
accepting a security clearance with the Fed- (9) require companies in the National In- lowing:
eral Government, that a contractor em- dustrial Security Program to comply with (A) The threat posed to United States per-
ployee provide prior written consent for the the policy. sons and persons inside the United States.
Federal Government to share covered derog- (d) CONSIDERATION OF LESSONS LEARNED (B) The threat posed to United States per-
atory information with the chief security of- sonnel overseas.
FROM INFORMATION-SHARING PROGRAM FOR
ficer of the contractor employer that em- (C) The threat posed to employees of the
POSITIONS OF TRUST AND SECURITY CLEAR-
ploys the contractor employee. Federal Government, including through both
ANCES.—In developing the policy issued
(2) COVERED DEROGATORY INFORMATION.— official and personal accounts and devices.
under subsection (a), the Director shall con- (2) A description of which foreign govern-
For purposes of this section, covered deroga-
sider, to the extent available, lessons learned ments and entities pose the greatest threats
tory information—
from actions taken to carry out section from the use of technology described in sub-
(A) is information that—
(i) contravenes National Security Adju- 6611(f) of the National Defense Authorization section (a) and the nature of those threats.
dicative Guidelines as specified in Security Act for Fiscal Year 2020 (Public Law 116–92). (3) An assessment of the source of the com-
Executive Agent Directive 4 (10 C.F.R. 710 TITLE V—REPORTS AND OTHER MATTERS mercially available cyber intrusion and
app. A), or any successor Federal policy; other surveillance technology that poses the
(ii) a Federal Government agency certifies SEC. 501. REPORT ON ATTEMPTS BY FOREIGN AD- threats described in subsection (a), including
is accurate and reliable; VERSARIES TO BUILD TELE- whether such technology is made by United
(iii) is relevant to a contractor’s ability to COMMUNICATIONS AND CYBERSE- States companies or companies in the United
CURITY EQUIPMENT AND SERVICES
protect against insider threats as required States or by foreign companies.
FOR, OR TO PROVIDE SUCH EQUIP-
by section 1–202 of the National Industrial MENT AND SERVICES TO, CERTAIN (4) An assessment of actions taken, as of
Security Program Operating Manual ALLIES OF THE UNITED STATES. the date of the enactment of this Act, by the
(NISPOM), or successor manual; and Federal Government and foreign govern-
(iv) may have a bearing on the contractor (a) DEFINITIONS.—In this section: ments to limit the export of technology de-
employee’s suitability for a position of pub- (1) APPROPRIATE COMMITTEES OF CON- scribed in subsection (a) from the United
lic trust or to receive credentials to access GRESS.—The term ‘‘appropriate committees States or foreign countries to foreign gov-
certain facilities of the Federal Government; of Congress’’ means— ernments and entities in ways that pose the
and (A) the Committee on Armed Services and threats described in such subsection.
(B) shall include any negative information the Select Committee on Intelligence of the (5) Matters relating to how the Federal
considered in the adjudicative process, in- Senate; and Government, Congress, and foreign govern-
cluding information provided by the con- (B) the Committee on Armed Services and ments can most effectively mitigate the
tractor employee on forms submitted for the the Permanent Select Committee on Intel- threats described in subsection (a), including
processing of the contractor employee’s se- ligence of the House of Representatives. matters relating to the following:
curity clearance. (2) FIVE EYES COUNTRY.—The term ‘‘Five (A) Working with the technology and tele-
(c) ELEMENTS.—The policy issued under Eyes country’’ means any of the following: communications industry to identify and im-
subsection (a) shall— (A) Australia. prove the security of consumer software and
(1) require Federal agencies, except under (B) Canada. hardware used by United States persons and
exceptional circumstances specified by the (C) New Zealand. persons inside the United States that is tar-
Security Executive Agent, to share with the (D) The United Kingdom. geted by commercial cyber intrusion and
contractor employer of a contractor em- (E) The United States. surveillance software.
ployee engaged with the Federal Government (B) Export controls.
(b) REPORT REQUIRED.—Not later than 90
the existence of potentially derogatory in- (C) Diplomatic pressure.
formation and which National Security Ad- days after the date of the enactment of this
Act, the Director of the Central Intelligence (D) Trade agreements.
judicative Guideline it falls under, with the (c) FORM.—The report submitted under
exception that the Security Executive Agent Agency, the Director of the National Secu-
rity Agency, and the Director of the Defense subsection (a) shall be submitted in unclassi-
may waive such requirement in cir- fied form, but may include a classified
cumstances the Security Executive Agent Intelligence Agency shall jointly submit to
annex.
considers extraordinary; the appropriate committees of Congress a re-
SEC. 503. REPORTS ON RECOMMENDATIONS OF
(2) require that covered derogatory infor- port on attempts by foreign adversaries to THE CYBERSPACE SOLARIUM COM-
mation shared with a contractor employer as build telecommunications and cybersecurity MISSION.
described in subsection (b)(1) be used by the equipment and services for, or to provide (a) APPROPRIATE COMMITTEES OF CON-
contractor employer exclusively for risk such equipment and services to, Five Eyes GRESS.—In this section, the term ‘‘appro-
mitigation purposes under section 1–202 of countries. priate committees of Congress’’ means—
the National Industrial Security Program (c) ELEMENTS.—The report submitted (1) the Committee on Armed Services, the
Operating Manual, or successor manual; under subsection (b) shall include the fol- Select Committee on Intelligence, the Com-
(3) require Federal agencies to share any mittee on Homeland Security and Govern-
lowing:
mitigation measures in place to address the mental Affairs, the Committee on Com-
(1) An assessment of United States intel-
derogatory information; merce, Science, and Transportation, and the
ligence sharing and intelligence and military
(4) establish standards for timeliness for Committee on Energy and Natural Resources
force posture in any Five Eyes country that
sharing the derogatory information; of the Senate; and
currently uses or intends to use tele-
(5) specify the methods by which covered (2) the Committee on Armed Services, the
communications or cybersecurity equipment
derogatory information will be shared with Permanent Select Committee on Intel-
or services provided by a foreign adversary of
the contractor employer of the contractor ligence, the Committee on Homeland Secu-
the United States, including China and Rus-
employee; rity, the Committee on Science, Space, and
sia.
(6) allow the contractor employee, within a
SSpencer on DSK126QN23PROD with SENATE
(2) A description and assessment of mitiga- Technology, and the Committee on Energy
specified timeframe, the right— and Commerce of the House of Representa-
tion of any potential compromises or risks
(A) to contest the accuracy and reliability tives.
for any circumstance described in paragraph
of covered derogatory information; (b) REPORTS REQUIRED.—Not later than 180
(1).
(B) to address or remedy any concerns days after the date of the enactment of this
raised by the covered derogatory informa- (d) FORM.—The report required by sub- Act, each head of an agency described in sub-
tion; and section (b) shall include an unclassified exec- section (c) shall submit to the appropriate
(C) to provide documentation pertinent to utive summary, and may include a classified committees of Congress a report on the rec-
subparagraph (A) or (B) for an agency to annex. ommendations included in the report issued
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S3342 CONGRESSIONAL RECORD — SENATE June 25, 2020
by the Cyberspace Solarium Commission (c) REPORT.— and build trust with such communities
under section 1652(k) of the John S. McCain (1) DEFINITION OF APPROPRIATE COMMITTEES through local and regional grassroots out-
National Defense Authorization Act for Fis- OF CONGRESS.—In this subsection, the term reach.
cal Year 2019 (Public Law 115–232). ‘‘appropriate committees of Congress’’ (2) SUBMITTAL TO CONGRESS.—Not later
(c) AGENCIES DESCRIBED.—The agencies de- means— than 1 year after the date of the enactment
scribed in this subsection are the following: (A) the Select Committee on Intelligence, of this Act, the Director shall submit to Con-
(1) The Office of the Director of National the Committee on Armed Services, the Com- gress the recommendations developed under
Intelligence. mittee on Banking, Housing, and Urban Af- paragraph (1).
(2) The Department of Homeland Security. fairs, and the Committee on Foreign Rela- (d) TECHNICAL CORRECTIONS.—The National
(3) The Department of Energy. tions of the Senate; and Security Act of 1947 (50 U.S.C. 3001 et seq.) is
(4) The Department of Commerce. (B) the Permanent Select Committee on amended—
(5) The Department of Defense. Intelligence, the Committee on Armed Serv- (1) in section 1107 (50 U.S.C. 3237)—
(d) CONTENTS.—Each report submitted ices, the Committee on Financial Services, (A) in the section heading, by striking
under subsection (b) by the head of an agen- and the Committee on Foreign Affairs of the ‘‘COMMUNIST PARTY OF CHINA’’ and inserting
cy described in subsection (c) shall include House of Representatives. ‘‘CHINESE COMMUNIST PARTY’’; and
the following: (B) by striking ‘‘Communist Party of
(2) IN GENERAL.—Not later than 180 days
(1) An evaluation of the recommendations China’’ both places it appears and inserting
after the date of the enactment of this Act,
in the report described in subsection (b) that ‘‘Chinese Communist Party’’; and
the Director shall submit to the appropriate
the agency identifies as pertaining directly (2) in the table of contents before section 2
committees of Congress a report on the find-
to the agency. (50 U.S.C. 3002), by striking the item relating
ings of the Director with respect to the as-
(2) A description of the actions taken, or to section 1107 and inserting the following
sessment completed under subsection (a).
the actions that the head of the agency may new item:
(3) FORM.—The report submitted under
consider taking, to implement any of the ‘‘Sec. 1107. Annual reports on influence oper-
paragraph (2) shall be submitted in unclassi-
recommendations (including a comprehen- ations and campaigns in the
fied form, but may include a classified
sive estimate of requirements for appropria- United States by the Chinese
tions to take such actions). annex.
SEC. 505. COMBATING CHINESE INFLUENCE OP- Communist Party.’’.
SEC. 504.
ASSESSMENT OF CRITICAL TECH- SEC. 506. ANNUAL REPORT ON CORRUPT ACTIVI-
ERATIONS IN THE UNITED STATES
NOLOGY TRENDS RELATING TO AR- TIES OF SENIOR OFFICIALS OF THE
AND STRENGTHENING CIVIL LIB-
TIFICIAL INTELLIGENCE, CHINESE COMMUNIST PARTY.
ERTIES PROTECTIONS.
MICROCHIPS, AND SEMICONDUC-
TORS AND RELATED SUPPLY (a) UPDATES TO ANNUAL REPORTS ON INFLU- (a) DEFINITION OF APPROPRIATE COMMIT-
CHAINS. ENCE OPERATIONS AND CAMPAIGNS IN THE TEES OF CONGRESS.—In this section, the term
(a) ASSESSMENT REQUIRED.—Not later than UNITED STATES BY THE CHINESE COMMUNIST ‘‘appropriate committees of Congress’’
180 days after the date of the enactment of PARTY.—Section 1107(b) of the National Se- means—
this Act, the Director of National Intel- curity Act of 1947 (50 U.S.C. 3237(b)) is (1) the Committee on Banking, Housing,
ligence shall complete a detailed assessment amended— and Urban Affairs, the Committee on Fi-
of critical technology trends relating to arti- (1) by redesignating paragraph (8) as para- nance, the Committee on Foreign Relations,
ficial intelligence, microchips, and semi- graph (9); and and the Select Committee on Intelligence of
conductors and related supply chains. (2) by inserting after paragraph (7) the fol- the Senate; and
(b) ELEMENTS.—The assessment required lowing: (2) the Committee on Financial Services,
by subsection (a) shall include the following: ‘‘(8) An identification of influence activi- the Committee on Foreign Affairs, the Com-
(1) EXPORT CONTROLS.— ties and operations employed by the Chinese mittee on Ways and Means, and the Perma-
(A) IN GENERAL.—An assessment of efforts Communist Party against the United States nent Select Committee on Intelligence of the
by partner countries to enact and implement science and technology sectors, specifically House of Representatives.
export controls and other technology trans- employees of the United States Government, (b) ANNUAL REPORT REQUIRED.—
fer measures with respect to artificial intel- researchers, scientists, and students in the (1) IN GENERAL.—Not later than 90 days
ligence, microchips, advanced manufacturing science and technology sector in the United after the date of the enactment of this Act,
equipment, and other artificial intelligence States.’’. and annually thereafter through 2025, the Di-
enabled technologies critical to United (b) PLAN FOR FEDERAL BUREAU OF INVES- rector of the Central Intelligence Agency
States supply chains. TIGATION TO INCREASE PUBLIC AWARENESS shall submit to the appropriate committees
(B) IDENTIFICATION OF OPPORTUNITIES FOR AND DETECTION OF INFLUENCE ACTIVITIES BY of Congress a report on the corruption and
COOPERATION.—The assessment under sub- THE GOVERNMENT OF THE PEOPLE’S REPUBLIC corrupt activities of senior officials of the
paragraph (A) shall identify opportunities OF CHINA.— Chinese Communist Party.
for further cooperation with international (1) PLAN REQUIRED.—Not later than 90 days (2) ELEMENTS.—
partners on a multilateral and bilateral basis after the date of the enactment of this Act, (A) IN GENERAL.—Each report under para-
to strengthen export control regimes and ad- the Director of the Federal Bureau of Inves- graph (1) shall include the following:
dress technology transfer threats. tigation shall submit to the congressional (i) A description of the wealth of, and cor-
(2) SEMICONDUCTOR SUPPLY CHAINS.— intelligence committees a plan— ruption and corrupt activities among, senior
(A) IN GENERAL.—An assessment of global (A) to increase public awareness of influ- officials of the Chinese Communist Party.
semiconductor supply chains, including ence activities by the Government of the (ii) A description of any recent actions of
areas to reduce United States vulnerabilities People’s Republic of China; and the officials described in clause (i) that could
and maximize points of leverage. (B) to publicize mechanisms that members be considered a violation, or potential viola-
(B) ANALYSIS OF POTENTIAL EFFECTS.—The of the public can use— tion, of United States law.
assessment under subparagraph (A) shall in- (i) to detect such activities; and (iii) A description and assessment of tar-
clude an analysis of the potential effects of (ii) to report such activities to the Bureau. geted financial measures, including potential
significant geopolitical shifts, including (2) CONSULTATION.—In carrying out para- targets for designation of the officials de-
those related to Taiwan. graph (1), the Director shall consult with the scribed in clause (i) for the corruption and
(C) IDENTIFICATION OF OPPORTUNITIES FOR following: corrupt activities described in that clause
DIVERSIFICATION.—The assessment under sub- (A) The Director of the Office of Science and for the actions described in clause (ii).
paragraph (A) shall also identify opportuni- and Technology Policy. (B) SCOPE OF REPORTS.—The first report
ties for diversification of United States sup- (B) Such other stakeholders outside the in- under paragraph (1) shall include comprehen-
ply chains, including an assessment of cost, telligence community, including professional sive information on the matters described in
challenges, and opportunities to diversify associations, institutions of higher edu- subparagraph (A). Any succeeding report
manufacturing capabilities on a multi- cation, businesses, and civil rights and under paragraph (1) may consist of an update
national basis. multicultural organizations, as the Director or supplement to the preceding report under
(3) COMPUTING POWER.—An assessment of determines relevant. that subsection.
trends relating to computing power and the (c) RECOMMENDATIONS OF THE FEDERAL BU- (3) COORDINATION.—In preparing each re-
effect of such trends on global artificial in- REAU OF INVESTIGATION TO STRENGTHEN RE- port, update, or supplement under this sub-
telligence development and implementation, LATIONSHIPS AND BUILD TRUST WITH COMMU- section, the Director of the Central Intel-
in consultation with the Director of the In- NITIES OF INTEREST.— ligence Agency shall coordinate as follows:
telligence Advanced Research Projects Ac- (1) IN GENERAL.—The Director of the Fed- (A) In preparing the description required
SSpencer on DSK126QN23PROD with SENATE
tivity, the Director of the Defense Advanced eral Bureau of Investigation, in consultation by clause (i) of paragraph (2)(A), the Director
Research Projects Agency, and the Director with the Assistant Attorney General for the of the Central Intelligence Agency shall co-
of the National Institute of Standards and Civil Rights Division and the Chief Privacy ordinate with the head of the Office of Intel-
Technology, including forward-looking as- and Civil Liberties Officer of the Department ligence and Analysis of the Department of
sessments of how computing resources may of Justice, shall develop recommendations to the Treasury and the Director of the Federal
affect United States national security, inno- strengthen relationships with communities Bureau of Investigation.
vation, and implementation relating to arti- targeted by influence activities of the Gov- (B) In preparing the descriptions required
ficial intelligence. ernment of the People’s Republic of China by clauses (ii) and (iii) of such paragraph, the
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3343
Director of the Central Intelligence Agency subsection, the Director of the Central Intel- (5) Efforts by officials of the Government
shall coordinate with the head of the Office ligence Agency shall coordinate with the of China to deny access to health experts and
of Intelligence and Analysis of the Depart- head of the Office of Intelligence and Anal- international health organizations to af-
ment of the Treasury. ysis of the Department of the Treasury. flicted individuals in Wuhan, pertinent areas
(4) FORM.—Each report under paragraph (1) (e) FORM.— of the city, or laboratories of interest in
shall include an unclassified executive sum- (1) IN GENERAL.—Subject to paragraph (2), China, including the Wuhan Institute of Vi-
mary, and may include a classified annex. each report under subsection (b) shall in- rology.
(c) SENSE OF CONGRESS.—It is the sense of clude an unclassified executive summary, (6) Efforts by the Government of China, or
Congress that the United States should un- and may include a classified annex. those acting at its direction or with its as-
dertake every effort and pursue every oppor- (2) UNCLASSIFIED FORM OF CERTAIN INFOR- sistance, to conduct cyber operations against
tunity to expose the corruption and illicit MATION.—The information described in sub- international, national, or private health or-
practices of senior officials of the Chinese section (c)(1)(D) in each report under sub- ganizations conducting research relating to
Communist Party, including President Xi section (b) shall be submitted in unclassified the novel coronavirus or operating in re-
Jinping. form. sponse to the pandemic.
SEC. 507. REPORT ON CORRUPT ACTIVITIES OF SEC. 508. REPORT ON BIOSECURITY RISK AND (7) Efforts to control, restrict, or manipu-
RUSSIAN AND OTHER EASTERN EU- DISINFORMATION BY THE CHINESE late relevant segments of global supply
ROPEAN OLIGARCHS. COMMUNIST PARTY AND THE GOV- chains, particularly in the sale, trade, or
(a) DEFINITION OF APPROPRIATE COMMIT- ERNMENT OF THE PEOPLE’S REPUB-
LIC OF CHINA.
provision of relevant medicines, medical sup-
TEES OF CONGRESS.—In this section, the term plies, or medical equipment as a result of the
‘‘appropriate committees of Congress’’ (a) DEFINITIONS.—In this section:
pandemic.
means— (1) APPROPRIATE COMMITTEES OF CON-
(8) Efforts to advance the economic, intel-
GRESS.—The term ‘‘appropriate committees
(1) the Committee on Banking, Housing, ligence, national security, and political ob-
and Urban Affairs, the Committee on Fi- of Congress’’ means—
jectives of the Government of China by ex-
nance, the Committee on Foreign Relations, (A) the Select Committee on Intelligence,
ploiting vulnerabilities of foreign govern-
and the Select Committee on Intelligence of the Committee on Armed Services, the Com-
ments, economies, and companies under fi-
the Senate; and mittee on Foreign Relations, the Committee
nancial duress as a result of the pandemic or
(2) the Committee on Financial Services, on Health, Education, Labor, and Pensions,
to accelerate economic espionage and intel-
and the Committee on Homeland Security
the Committee on Foreign Affairs, the Com- lectual property theft.
and Governmental Affairs of the Senate; and
mittee on Ways and Means, and the Perma- (9) Efforts to exploit the disruption of the
(B) the Permanent Select Committee on
nent Select Committee on Intelligence of the pharmaceutical and telecommunications in-
Intelligence, the Committee on Armed Serv-
House of Representatives. dustries as well as other industries tied to
(b) REPORT REQUIRED.—Not later than 100 ices, the Committee on Energy and Com-
critical infrastructure and bilateral trade be-
days after the date of the enactment of this merce, the Committee on Foreign Affairs,
tween China and the United States and be-
Act, the Director of the Central Intelligence and the Committee on Homeland Security of
tween China and allies and partners of the
Agency shall submit to the appropriate com- the House of Representatives.
United States in order to advance the eco-
mittees of Congress and the Undersecretary (2) CRITICAL INFRASTRUCTURE.—The term
nomic and political objectives of the Govern-
of State for Public Diplomacy and Public Af- ‘‘critical infrastructure’’ has the meaning
ment of China following the pandemic.
fairs a report on the corruption and corrupt given such term in section 1016(e) of the (d) FORM.—The report required under sub-
Uniting and Strengthening America by Pro- section (b) shall be submitted in unclassified
activities of Russian and other Eastern Eu-
viding Appropriate Tools Required to Inter- form, but may include a classified annex.
ropean oligarchs.
(c) ELEMENTS.— cept and Obstruct Terrorism (USA PATRIOT SEC. 509. REPORT ON EFFECT OF LIFTING OF
(1) IN GENERAL.—Each report under sub- ACT) Act of 2001 (42 U.S.C. 5195c(e)). UNITED NATIONS ARMS EMBARGO
(b) REPORT REQUIRED.—Not later than 90 ON ISLAMIC REPUBLIC OF IRAN.
section (b) shall include the following:
days after the date of the enactment of this (a) DEFINITION OF APPROPRIATE COMMIT-
(A) A description of corruption and corrupt
Act, the Director of National Intelligence TEES OF CONGRESS.—In this section, the term
activities among Russian and other Eastern
shall submit to the appropriate committees ‘‘appropriate committees of Congress’’
European oligarchs who support the Govern- of Congress a report identifying whether and
ment of the Russian Federation, including means—
how officials of the Chinese Communist (1) the Select Committee on Intelligence,
estimates of the total assets of such Party and the Government of the People’s
oligarchs. the Committee on Armed Services, and the
Republic of China may have sought— Committee on Foreign Relations of the Sen-
(B) An assessment of the impact of the cor- (1) to suppress information about—
ruption and corrupt activities described pur- ate; and
(A) the outbreak of the novel coronavirus (2) the Permanent Select Committee on In-
suant to subparagraph (A) on the economy in Wuhan;
and citizens of Russia. telligence, the Committee on Armed Serv-
(B) the spread of the virus through China; ices, and the Committee on Foreign Affairs
(C) A description of any connections to, or and
support of, organized crime, drug smuggling, of the House of Representatives.
(C) the transmission of the virus to other (b) REPORT REQUIRED.—Not later than 90
or human trafficking by an oligarch covered countries; days after the date of the enactment of this
by subparagraph (A). (2) to spread disinformation relating to the Act, the Director of the Defense Intelligence
(D) A description of any information that pandemic; or Agency, in consultation with such heads of
reveals corruption and corrupt activities in (3) to exploit the pandemic to advance other elements of the intelligence commu-
Russia among oligarchs covered by subpara- their national security interests. nity as the Director considers appropriate,
graph (A). (c) ASSESSMENTS.—The report required by shall submit to the appropriate committees
(E) A description and assessment of poten- subsection (b) shall include assessments of of Congress a report on—
tial sanctions actions that could be imposed reported actions and the effect of those ac- (1) the plans of the Government of the Is-
upon oligarchs covered by subparagraph (A) tions on efforts to contain the novel lamic Republic of Iran to acquire military
who support the leadership of the Govern- coronavirus pandemic, including each of the arms if the ban on arms transfers to or from
ment of Russia, including President Vladi- following: such government under United Nations Secu-
mir Putin. (1) The origins of the novel coronavirus rity Council resolutions are lifted; and
(2) SCOPE OF REPORTS.—The first report outbreak, the time and location of initial in- (2) the effect such arms acquisitions may
under subsection (a) shall include com- fections, and the mode and speed of early have on regional security and stability.
prehensive information on the matters de- viral spread. (c) CONTENTS.—The report submitted under
scribed in paragraph (1). Any succeeding re- (2) Actions taken by the Government of subsection (b) shall include assessments re-
port under subsection (a) may consist of an China to suppress, conceal, or misinform the lating to plans of the Government of the Is-
update or supplement to the preceding report people of China and those of other countries lamic Republic of Iran to acquire additional
under that subsection. about the novel coronavirus outbreak in weapons, the intention of other countries to
(d) COORDINATION.—In preparing each re- Wuhan. provide such weapons, and the effect such ac-
port, update, or supplement under this sec- (3) The effect of disinformation or the fail- quisition and provision would have on re-
tion, the Director of the Central Intelligence ure of the Government of China to fully dis- gional stability, including with respect to
Agency shall coordinate as follows: close details of the outbreak on response ef- each of the following:
(1) In preparing the assessment and de- forts of local governments in China and (1) The type and quantity of weapon sys-
scriptions required by subparagraphs (A) other countries. tems under consideration for acquisition.
SSpencer on DSK126QN23PROD with SENATE
through (D) of subsection (c)(1), the Director (4) Diplomatic, political, economic, intel- (2) The countries of origin of such systems.
of the Central Intelligence Agency shall co- ligence, or other pressure on other countries (3) Likely reactions of other countries in
ordinate with the head of the Office of Intel- and international organizations to conceal the region to such acquisition, including the
ligence and Analysis of the Department of information about the spread of the novel potential for proliferation by other countries
the Treasury and the Director of the Federal coronavirus and the response of the Govern- in response.
Bureau of Investigation. ment of China to the contagion, as well as to (4) The threat that such acquisition could
(2) In preparing the description and assess- influence or coerce early responses to the present to international commerce and en-
ment required by subparagraph (E) of such pandemic by other countries. ergy supplies in the region, and the potential
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S3344 CONGRESSIONAL RECORD — SENATE June 25, 2020
implications for the national security of the Young Pollard Intelligence Authorization Subtitle B—Reports and Assessments
United States. Act for Fiscal Years 2018, 2019, and 2020 (Pub- Pertaining to Intelligence Community
(5) The threat that such acquisition could lic Law 116–92). Sec. 321. Assessment by the Comptroller
present to the Armed Forces of the United General of the United States on
States, of countries allied with the United SA 1816. Mr. RUBIO (for himself and efforts of the intelligence com-
States, and of countries partnered with the Mr. WARNER) submitted an amendment munity and the Department of
United States stationed in or deployed in the intended to be proposed by him to the Defense to identify and miti-
region. gate risks posed to the intel-
(6) The potential that such acquisition
bill S. 4049, to authorize appropriations
for fiscal year 2021 for military activi- ligence community and the De-
could be used to deliver chemical, biological, partment by the use of direct-
or nuclear weapons. ties of the Department of Defense, for to-consumer genetic testing by
(7) The potential for the Government of the military construction, and for defense the Government of the People’s
Islamic Republic of Iran to proliferate weap- activities of the Department of Energy, Republic of China.
ons acquired in the absence of an arms em- to prescribe military personnel Sec. 322. Report on use by intelligence com-
bargo to regional groups, including Shi’a mi- strengths for such fiscal year, and for munity of hiring flexibilities
litia groups backed by such government. other purposes; which was ordered to and expedited human resources
(d) FORM.—The report submitted under practices to assure quality and
subsection (b) shall be submitted in unclassi- lie on the table; as follows:
diversity in the workforce of
fied form, but may include a classified At the appropriate place, insert the fol- the intelligence community.
annex. lowing: Sec. 323. Report on signals intelligence pri-
SEC. 510. REPORT ON IRANIAN ACTIVITIES RE- DIVISION ll—INTELLIGENCE orities and requirements.
LATING TO NUCLEAR NON-
AUTHORIZATIONS FOR FISCAL YEAR 2021 Sec. 324. Assessment of demand for student
PROLIFERATION.
(a) DEFINITION OF APPROPRIATE COMMIT- SEC. 1. SHORT TITLE; TABLE OF CONTENTS. loan repayment program ben-
TEES OF CONGRESS.—In this section, the term (a) SHORT TITLE.—This division may be efit.
‘‘appropriate committees of Congress’’ cited as the ‘‘Intelligence Authorization Act Sec. 325. Assessment of intelligence commu-
means— for Fiscal Year 2021’’. nity demand for child care.
(1) the Select Committee on Intelligence, Sec. 326. Open source intelligence strategies
(b) TABLE OF CONTENTS.—The table of con-
the Committee on Armed Services, and the and plans for the intelligence
tents for this division is as follows:
Committee on Foreign Relations of the Sen- community.
DIVISION ll—INTELLIGENCE
ate; and TITLE IV—SECURITY CLEARANCES AND
AUTHORIZATIONS FOR FISCAL YEAR 2021
(2) the Permanent Select Committee on In- TRUSTED WORKFORCE
telligence, the Committee on Armed Serv- Sec. 1. Short title; table of contents. Sec. 401. Exclusivity, consistency, and
ices, and the Committee on Foreign Affairs Sec. 2. Definitions. transparency in security clear-
of the House of Representatives. TITLE I—INTELLIGENCE ACTIVITIES ance procedures, and right to
(b) REPORT REQUIRED.—Not later than 90 appeal.
Sec. 101. Authorization of appropriations.
days after the date of the enactment of this Sec. 402. Establishing process parity for se-
Act, the Director of National Intelligence Sec. 102. Classified Schedule of Authoriza-
tions. curity clearance revocations.
shall submit to the appropriate committees Sec. 403. Federal policy on sharing of derog-
of Congress a report assessing— Sec. 103. Intelligence Community Manage-
ment Account. atory information pertaining to
(1) any relevant activities potentially re- contractor employees in the
lating to nuclear weapons research and de- TITLE II—CENTRAL INTELLIGENCE trusted workforce.
velopment by the Islamic Republic of Iran; AGENCY RETIREMENT AND DIS-
TITLE V—REPORTS AND OTHER
and ABILITY SYSTEM
MATTERS
(2) any relevant efforts to afford or deny Sec. 201. Authorization of appropriations.
international access in accordance with Sec. 501. Secure and trusted technology.
international nonproliferation agreements. TITLE III—INTELLIGENCE COMMUNITY Sec. 502. Report on attempts by foreign ad-
(c) ASSESSMENTS.—The report required by MATTERS versaries to build telecommuni-
subsection (b) shall include assessments, for Subtitle A—General Intelligence Community cations and cybersecurity
the period beginning on January 1, 2018, and Matters equipment and services for, or
ending on the date of the submittal of the re- to provide such equipment and
Sec. 301. Restriction on conduct of intel-
port, of the following: services to, certain allies of the
ligence activities.
(1) Activities to research, develop, or en- United States.
Sec. 302. Increase in employee compensation
rich uranium or reprocess plutonium with Sec. 503. Report on threats posed by use by
and benefits authorized by law.
the intent or capability of creating weapons- foreign governments and enti-
Sec. 303. Clarification of authorities and re- ties of commercially available
grade nuclear material. sponsibilities of National Man-
(2) Research, development, testing, or de- cyber intrusion and surveil-
ager for National Security lance technology.
sign activities that could contribute to or in- Telecommunications and Infor-
form construction of a device intended to Sec. 504. Reports on recommendations of the
mation Systems Security. Cyberspace Solarium Commis-
initiate or capable of initiating a nuclear ex-
Sec. 304. Continuity of operations plans for sion.
plosion.
certain elements of the intel- Sec. 505. Assessment of critical technology
(3) Efforts to receive, transmit, store, de-
ligence community in the case trends relating to artificial in-
stroy, relocate, archive, or otherwise pre-
of a national emergency. telligence, microchips, and
serve research, processes, products, or ena-
Sec. 305. Application of Executive Schedule semiconductors and related
bling materials relevant or relating to any
level III to position of Director supply chains.
efforts assessed under paragraph (1) or (2).
of National Reconnaissance Of- Sec. 506. Combating Chinese influence oper-
(4) Efforts to afford or deny international
fice. ations in the United States and
access, in accordance with international
nonproliferation agreements, to locations, Sec. 306. National Intelligence University. strengthening civil liberties
individuals, and materials relating to activi- Sec. 307. Requiring facilitation of establish- protections.
ties described in paragraph (1), (2), or (3). ment of Social Media Data and Sec. 507. Annual report on corrupt activities
(d) FORM.—The report required under sub- Threat Analysis Center. of senior officials of the Chinese
section (b) shall be submitted in unclassified Sec. 308. Data collection on attrition in in- Communist Party.
form, but may include a classified annex. telligence community. Sec. 508. Report on corrupt activities of Rus-
SEC. 511. SENSE OF CONGRESS ON THIRD OPTION Sec. 309. Limitation on delegation of respon- sian and other Eastern Euro-
FOUNDATION. sibility for program manage- pean oligarchs.
It is the sense of the Congress that— ment of information-sharing Sec. 509. Report on biosecurity risk and
(1) the work of the Third Option Founda- environment. disinformation by the Chinese
tion to heal, help, and honor members of the Sec. 310. Improvements to provisions relat- Communist Party and the Gov-
special operations community of the Central ing to intelligence community ernment of the People’s Repub-
SSpencer on DSK126QN23PROD with SENATE
Intelligence Agency and their families is in- information technology envi- lic of China.
valuable; and ronment. Sec. 510. Report on effect of lifting of United
(2) the Director of the Central Intelligence Sec. 311. Requirements and authorities for Nations arms embargo on Is-
Agency should work closely with the Third Director of the Central Intel- lamic Republic of Iran.
Option Foundation in implementing section ligence Agency to improve edu- Sec. 511. Report on Iranian activities relat-
19A of the Central Intelligence Agency Act of cation in science, technology, ing to nuclear nonproliferation.
1949 (50 U.S.C. 3519b), as added by section 6412 engineering, arts, and mathe- Sec. 512. Sense of Congress on Third Option
of the Damon Paul Nelson and Matthew matics. Foundation.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3345
SEC. 2. DEFINITIONS. priated for the Intelligence Community Man- and the Director of the Central Intelligence
In this division: agement Account for fiscal year 2021 such ad- Agency shall each submit to the congres-
(1) CONGRESSIONAL INTELLIGENCE COMMIT- ditional amounts as are specified in the clas- sional intelligence committees the plan es-
TEES.—The term ‘‘congressional intelligence sified Schedule of Authorizations referred to tablished under subsection (b) for that emer-
committees’’ has the meaning given such in section 102(a). gency for the element of the intelligence
term in section 3 of the National Security TITLE II—CENTRAL INTELLIGENCE AGEN- community concerned.
Act of 1947 (50 U.S.C. 3003). CY RETIREMENT AND DISABILITY SYS- (2) DIRECTOR OF NATIONAL RECONNAISSANCE
(2) INTELLIGENCE COMMUNITY.—The term TEM OFFICE, DIRECTOR OF DEFENSE INTELLIGENCE
‘‘intelligence community’’ has the meaning AGENCY, DIRECTOR OF NATIONAL SECURITY
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
given such term in such section. AGENCY, AND DIRECTOR OF NATIONAL
There is authorized to be appropriated for
TITLE I—INTELLIGENCE ACTIVITIES GEOSPATIAL-INTELLIGENCE AGENCY.—Not later
the Central Intelligence Agency Retirement
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. than 7 days after the date on which a covered
and Disability Fund $514,000,000 for fiscal
Funds are hereby authorized to be appro- national emergency is declared, the Director
year 2021.
priated for fiscal year 2021 for the conduct of of the National Reconnaissance Office, the
TITLE III—INTELLIGENCE COMMUNITY Director of the Defense Intelligence Agency,
the intelligence and intelligence-related ac- MATTERS
tivities of the following elements of the the Director of the National Security Agen-
Subtitle A—General Intelligence Community cy, and the Director of the National
United States Government:
Matters Geospatial-Intelligence Agency shall each
(1) The Office of the Director of National
Intelligence. SEC. 301. RESTRICTION ON CONDUCT OF INTEL- submit the plan established under subsection
(2) The Central Intelligence Agency. LIGENCE ACTIVITIES. (b) for that emergency for the element of the
(3) The Department of Defense. The authorization of appropriations by intelligence community concerned to the fol-
(4) The Defense Intelligence Agency. this division shall not be deemed to con- lowing:
(5) The National Security Agency. stitute authority for the conduct of any in- (A) The congressional intelligence commit-
(6) The Department of the Army, the De- telligence activity which is not otherwise tees.
partment of the Navy, and the Department authorized by the Constitution or the laws of (B) The Committee on Armed Services of
of the Air Force. the United States. the Senate.
(7) The Coast Guard. SEC. 302. INCREASE IN EMPLOYEE COMPENSA- (C) The Committee on Armed Services of
(8) The Department of State. TION AND BENEFITS AUTHORIZED the House of Representatives.
BY LAW. (d) UPDATES.—During a covered national
(9) The Department of the Treasury.
Appropriations authorized by this division emergency, the Director of National Intel-
(10) The Department of Energy.
for salary, pay, retirement, and other bene- ligence, the Director of the Central Intel-
(11) The Department of Justice.
fits for Federal employees may be increased ligence Agency, the Director of the National
(12) The Federal Bureau of Investigation.
by such additional or supplemental amounts Reconnaissance Office, the Director of the
(13) The Drug Enforcement Administra-
as may be necessary for increases in such Defense Intelligence Agency, the Director of
tion.
compensation or benefits authorized by law. the National Security Agency, and the Di-
(14) The National Reconnaissance Office.
SEC. 303. CLARIFICATION OF AUTHORITIES AND rector of the National Geospatial-Intel-
(15) The National Geospatial-Intelligence
RESPONSIBILITIES OF NATIONAL ligence Agency shall each submit any up-
Agency. MANAGER FOR NATIONAL SECURITY dates to the plans submitted under sub-
(16) The Department of Homeland Secu- TELECOMMUNICATIONS AND INFOR- section (c)—
rity. MATION SYSTEMS SECURITY.
(1) in accordance with that subsection; and
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- In carrying out the authorities and respon-
TIONS. (2) in a timely manner consistent with sec-
sibilities of the National Manager for Na- tion 501 of the National Security Act of 1947
(a) SPECIFICATIONS OF AMOUNTS.—The tional Security Telecommunications and In-
amounts authorized to be appropriated under (50 U.S.C. 3091).
formation Systems Security under National SEC. 305. APPLICATION OF EXECUTIVE SCHED-
section 101 for the conduct of the intel- Security Directive 42 (signed by the Presi- ULE LEVEL III TO POSITION OF DI-
ligence activities of the elements listed in dent on July 5, 1990), the National Manager RECTOR OF NATIONAL RECONNAIS-
paragraphs (1) through (16) of section 101, are shall not supervise, oversee, or execute, ei- SANCE OFFICE.
those specified in the classified Schedule of ther directly or indirectly, any aspect of the Section 5314 of title 5, United States Code,
Authorizations prepared to accompany this National Intelligence Program. is amended by adding at the end the fol-
division. SEC. 304. CONTINUITY OF OPERATIONS PLANS lowing:
(b) AVAILABILITY OF CLASSIFIED SCHEDULE FOR CERTAIN ELEMENTS OF THE IN- ‘‘Director of the National Reconnaissance
OF AUTHORIZATIONS.— TELLIGENCE COMMUNITY IN THE Office.’’.
(1) AVAILABILITY.—The classified Schedule CASE OF A NATIONAL EMERGENCY.
SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY.
of Authorizations referred to in subsection (a) DEFINITION OF COVERED NATIONAL EMER-
(a) IN GENERAL.—Title X of the National
(a) shall be made available to the Committee GENCY.—In this section, the term ‘‘covered
Security Act of 1947 (50 U.S.C. 3191 et seq.) is
on Appropriations of the Senate, the Com- national emergency’’ means the following:
amended by adding at the end the following:
mittee on Appropriations of the House of (1) A major disaster declared by the Presi-
Representatives, and to the President. dent under section 401 of the Robert T. Staf- ‘‘Subtitle D—National Intelligence University
(2) DISTRIBUTION BY THE PRESIDENT.—Sub- ford Disaster Relief and Emergency Assist- ‘‘SEC. 1031. TRANSFER DATE.
ject to paragraph (3), the President shall pro- ance Act (42 U.S.C. 5170). ‘‘In this subtitle, the term ‘transfer date’
vide for suitable distribution of the classified (2) An emergency declared by the President means the date on which the National Intel-
Schedule of Authorizations referred to in under section 501 of the Robert T. Stafford ligence University is transferred from the
subsection (a), or of appropriate portions of Disaster Relief and Emergency Assistance Defense Intelligence Agency to the Director
such Schedule, within the executive branch Act (42 U.S.C. 5191). of National Intelligence under section 5324(a)
of the Federal Government. (3) A national emergency declared by the of the National Defense Authorization Act
(3) LIMITS ON DISCLOSURE.—The President President under the National Emergencies for Fiscal Year 2020 (Public Law 116–92).
shall not publicly disclose the classified Act (50 U.S.C. 1601 et seq.). ‘‘SEC. 1032. DEGREE-GRANTING AUTHORITY.
Schedule of Authorizations or any portion of (4) A public health emergency declared ‘‘(a) IN GENERAL.—Beginning on the trans-
such Schedule except— under section 319 of the Public Health Serv- fer date, under regulations prescribed by the
(A) as provided in section 601(a) of the Im- ice Act (42 U.S.C. 247d). Director of National Intelligence, the Presi-
plementing Recommendations of the 9/11 (b) IN GENERAL.—The Director of National dent of the National Intelligence University
Commission Act of 2007 (50 U.S.C. 3306(a)); Intelligence, the Director of the Central In- may, upon the recommendation of the fac-
(B) to the extent necessary to implement telligence Agency, the Director of the Na- ulty of the University, confer appropriate de-
the budget; or tional Reconnaissance Office, the Director of grees upon graduates who meet the degree
(C) as otherwise required by law. the Defense Intelligence Agency, the Direc- requirements.
SEC. 103. INTELLIGENCE COMMUNITY MANAGE- tor of the National Security Agency, and the ‘‘(b) LIMITATION.—A degree may not be con-
MENT ACCOUNT. Director of the National Geospatial-Intel- ferred under this section unless—
(a) AUTHORIZATION OF APPROPRIATIONS.— ligence Agency shall each establish con- ‘‘(1) the Secretary of Education has rec-
There is authorized to be appropriated for tinuity of operations plans for use in the ommended approval of the degree in accord-
the Intelligence Community Management case of covered national emergencies for the ance with the Federal Policy Governing
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Account of the Director of National Intel- element of the intelligence community con- Granting of Academic Degrees by Federal
ligence for fiscal year 2021 the sum of cerned. Agencies; and
$731,200,000. (c) SUBMISSION TO CONGRESS.— ‘‘(2) the University is accredited by the ap-
(b) CLASSIFIED AUTHORIZATION OF APPRO- (1) DIRECTOR OF NATIONAL INTELLIGENCE propriate academic accrediting agency or or-
PRIATIONS.—In addition to amounts author- AND DIRECTOR OF THE CENTRAL INTELLIGENCE ganization to award the degree, as deter-
ized to be appropriated for the Intelligence AGENCY.—Not later than 7 days after the date mined by the Secretary of Education.
Community Management Account by sub- on which a covered national emergency is de- ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE-
section (a), there are authorized to be appro- clared, the Director of National Intelligence MENTS.—
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S3346 CONGRESSIONAL RECORD — SENATE June 25, 2020
‘‘(1) ACTIONS ON NONACCREDITATION.—Begin- SEC. 307. REQUIRING FACILITATION OF ESTAB- SEC. 309. LIMITATION ON DELEGATION OF RE-
ning on the transfer date, the Director shall LISHMENT OF SOCIAL MEDIA DATA SPONSIBILITY FOR PROGRAM MAN-
AND THREAT ANALYSIS CENTER. AGEMENT OF INFORMATION-SHAR-
promptly—
ING ENVIRONMENT.
‘‘(A) notify the congressional intelligence (a) REQUIREMENT TO FACILITATE ESTABLISH- (a) IN GENERAL.—Section 1016(b) of the In-
committees of any action by the Middle MENT.—Subsection (c)(1) of section 5323 of telligence Reform and Terrorism Prevention
States Commission on Higher Education, or the National Defense Authorization Act for Act of 2004 (6 U.S.C. 485(b)), as amended by
other appropriate academic accrediting Fiscal Year 2020 (Public Law 116–92) is section 6402(a) of the National Defense Au-
agency or organization, to not accredit the amended, by striking ‘‘may’’ and inserting thorization Act for Fiscal Year 2020 (Public
University to award any new or existing de- ‘‘shall’’. Law 116–92), is further amended—
gree; and
(b) DEADLINE TO FACILITATE ESTABLISH- (1) in paragraph (1), in the matter before
‘‘(B) submit to such committees a report
MENT.—Such subsection is further amended subparagraph (A), by striking ‘‘Director of
containing an explanation of any such ac-
by striking ‘‘The Director’’ and inserting National Intelligence’’ and inserting ‘‘Presi-
tion.
‘‘Not later than 180 days after the date of the dent’’;
‘‘(2) MODIFICATION OR REDESIGNATION OF DE-
enactment of the Intelligence Authorization (2) in paragraph (2), by striking ‘‘Director
GREE-GRANTING AUTHORITY.—Beginning on
Act for Fiscal Year 2021, the Director’’. of National Intelligence’’ both places it ap-
the transfer date, upon any modification or
pears and inserting ‘‘President’’; and
redesignation of existing degree-granting au- (c) CONFORMING AMENDMENTS.— (3) by adding at the end the following:
thority, the Director shall submit to the (1) REPORTING.—Subsection (d) of such sec- ‘‘(3) DELEGATION.—
congressional intelligence committees a re- tion is amended— ‘‘(A) IN GENERAL.—Subject to subparagraph
port containing— (A) in the matter before paragraph (1), by (B), the President may delegate responsi-
‘‘(A) the rationale for the proposed modi- striking ‘‘If the Director’’ and all that fol- bility for carrying out this subsection.
fication or redesignation; and lows through ‘‘the Center, the’’ and inserting ‘‘(B) LIMITATION.—The President may not
‘‘(B) any subsequent recommendation of ‘‘The’’; and delegate responsibility for carrying out this
the Secretary of Education with respect to (B) in paragraph (1), by striking ‘‘180 days subsection to the Director of National Intel-
the proposed modification or redesignation. after the date of the enactment of this Act’’ ligence.’’.
‘‘SEC. 1033. FACULTY MEMBERS; EMPLOYMENT and inserting ‘‘180 days after the date of the (b) EFFECTIVE DATE.—The amendments
AND COMPENSATION. enactment of the Intelligence Authorization made by subsection (a) shall take effect on
‘‘(a) AUTHORITY OF DIRECTOR.—Beginning Act for Fiscal Year 2021’’. October 1, 2020.
on the transfer date, the Director of Na- (2) FUNDING.—Subsection (f) of such section SEC. 310. IMPROVEMENTS TO PROVISIONS RE-
tional Intelligence may employ as many pro- is amended by striking ‘‘fiscal year 2020 and LATING TO INTELLIGENCE COMMU-
fessors, instructors, and lecturers at the Na- 2021’’ and inserting ‘‘fiscal year 2021 and NITY INFORMATION TECHNOLOGY
tional Intelligence University as the Direc- 2022’’. ENVIRONMENT.
tor considers necessary. (3) CLERICAL.—Subsection (c) of such sec- Section 6312 of the National Defense Au-
‘‘(b) COMPENSATION OF FACULTY MEM- tion is amended— thorization Act for Fiscal Year 2020 (Public
BERS.—The compensation of persons em- (A) in the subsection heading, by striking Law 116–92) is amended by striking sub-
ployed under this section shall be as pre- ‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’; sections (e) through (i) and inserting the fol-
scribed by the Director. and lowing:
‘‘(c) COMPENSATION PLAN.—The Director (B) in paragraph (1), in the paragraph head- ‘‘(e) LONG-TERM ROADMAP.—Not later than
shall provide each person employed as a pro- ing, by striking ‘‘AUTHORITY’’ and inserting 180 days after the date of the enactment of
fessor, instructor, or lecturer at the Univer- ‘‘REQUIREMENT’’. the Intelligence Authorization Act for Fiscal
sity on the transfer date an opportunity to Year 2021, the Director of National Intel-
elect to be paid under the compensation plan SEC. 308. DATA COLLECTION ON ATTRITION IN ligence shall develop and maintain a long-
in effect on the day before the transfer date INTELLIGENCE COMMUNITY.
term roadmap for the intelligence commu-
(with no reduction in pay) or under the au- (a) STANDARDS FOR DATA COLLECTION.— nity information technology environment.
thority of this section. (1) IN GENERAL.—Not later than 90 days ‘‘(f) BUSINESS PLAN.—Not later than 180
‘‘SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH after the date of the enactment of this Act, days after the date of the enactment of the
GRANTS. the Director of National Intelligence shall Intelligence Authorization Act for Fiscal
‘‘The Director of National Intelligence establish standards for collecting data relat- Year 2021, the Director of National Intel-
may authorize the President of the National ing to attrition in the intelligence commu- ligence shall develop and maintain a busi-
Intelligence University to accept qualifying nity workforce across demographics, speci- ness plan to implement the long-term road-
research grants in the same manner and to alities, and length of service. map required by subsection (e).’’.
the same degree as the President of the Na- (2) INCLUSION OF CERTAIN CANDIDATES.—The SEC. 311. REQUIREMENTS AND AUTHORITIES
tional Defense University under section Director shall include, in the standards es- FOR DIRECTOR OF THE CENTRAL IN-
2165(e) of title 10, United States Code. TELLIGENCE AGENCY TO IMPROVE
tablished under paragraph (1), standards for
EDUCATION IN SCIENCE, TECH-
‘‘SEC. 1035. CONTINUED APPLICABILITY OF THE collecting data from candidates who accept- NOLOGY, ENGINEERING, ARTS, AND
FEDERAL ADVISORY COMMITTEE ed conditional offers of employment but MATHEMATICS.
ACT TO THE BOARD OF VISITORS. chose to withdraw from the hiring process The Central Intelligence Agency Act of
‘‘The Federal Advisory Committee Act (5 before entering into service, including data 1949 (50 U.S.C. 3501 et seq.) is amended by
U.S.C. App.) shall continue to apply to the with respect to the reasons such candidates adding the following:
Board of Visitors of the National Intel- chose to withdraw. ‘‘SEC. 24.
IMPROVEMENT OF EDUCATION IN
ligence University on and after the transfer SCIENCE, TECHNOLOGY, ENGINEER-
date.’’. (b) COLLECTION OF DATA.—Not later than
120 days after the date of the enactment of ING, ARTS, AND MATHEMATICS.
(b) CONFORMING AMENDMENTS.—Section ‘‘(a) DEFINITIONS.—In this section:
5324 of the National Defense Authorization this Act, each element of the intelligence
community shall begin collecting data on ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible
Act for Fiscal Year 2020 (Public Law 116–92) entity’ includes a department or agency of
is amended— workforce and candidate attrition in accord-
ance with the standards established under the Federal Government, a State, a political
(1) in subsection (b)(1)(C), by striking ‘‘sub- subdivision of a State, an individual, and a
section (e)(2)’’ and inserting ‘‘section 1032(b) subsection (a).
not-for-profit or other organization in the
of the National Security Act of 1947’’; (c) ANNUAL REPORT.—Not later than 1 year private sector.
(2) by striking subsections (e) and (f); and after the date of the enactment of this Act, ‘‘(2) EDUCATIONAL INSTITUTION.—The term
(3) by redesignating subsections (g) and (h) and annually thereafter, the Director shall ‘educational institution’ includes any public
as subsections (e) and (f), respectively. submit to the congressional intelligence or private elementary school or secondary
(c) CLERICAL AMENDMENT.—The table of committees a report on workforce and can- school, institution of higher education, col-
contents of the National Security Act of 1947 didate attrition in the intelligence commu- lege, university, or any other profit or non-
is amended by inserting after the item relat- nity that includes— profit institution that is dedicated to im-
ing to section 1024 the following: (1) the findings of the Director based on proving science, technology, engineering, the
‘‘Subtitle D—National Intelligence the data collected under subsection (b); arts, mathematics, business, law, medicine,
University (2) recommendations for addressing any or other fields that promote development
‘‘Sec. 1031. Transfer date. issues identified in those findings; and and education relating to science, tech-
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‘‘Sec. 1032. Degree-granting authority. (3) an assessment of timeliness in proc- nology, engineering, the arts, or mathe-
‘‘Sec. 1033. Faculty members; employment essing hiring applications of individuals pre- matics.
and compensation. viously employed by an element of the intel- ‘‘(3) STATE.—The term ‘State’ means each
‘‘Sec. 1034. Acceptance of faculty research ligence community, consistent with the of the several States, the District of Colum-
grants. Trusted Workforce 2.0 initiative sponsored bia, the Commonwealth of Puerto Rico, the
‘‘Sec. 1035. Continued applicability of the by the Security Clearance, Suitability, and Commonwealth of the Northern Mariana Is-
Federal Advisory Committee Credentialing Performance Accountability lands, and any other territory or possession
Act to the Board of Visitors.’’. Council. of the United States.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3347
‘‘(b) REQUIREMENTS.—The Director shall, Subtitle B—Reports and Assessments (c) COOPERATION.—The heads of relevant
on a continuing basis— Pertaining to Intelligence Community elements of the intelligence community and
‘‘(1) identify actions that the Director may components of the Department shall—
SEC. 321. ASSESSMENT BY THE COMPTROLLER
take to improve education in the scientific, (1) fully cooperate with the Comptroller
GENERAL OF THE UNITED STATES
technology, engineering, arts, and mathe- ON EFFORTS OF THE INTELLIGENCE General in conducting the assessment re-
matics (known as ‘STEAM’) skills necessary COMMUNITY AND THE DEPARTMENT quired by subsection (a); and
to meet the long-term national security OF DEFENSE TO IDENTIFY AND MITI- (2) provide any information and data re-
needs of the United States for personnel pro- GATE RISKS POSED TO THE INTEL- quired by the Comptroller General to con-
ficient in such skills; and LIGENCE COMMUNITY AND THE DE- duct the assessment.
PARTMENT BY THE USE OF DIRECT-
‘‘(2) establish and conduct programs to TO-CONSUMER GENETIC TESTING BY
SEC. 322. REPORT ON USE BY INTELLIGENCE
carry out such actions. COMMUNITY OF HIRING FLEXIBILI-
THE GOVERNMENT OF THE PEO-
TIES AND EXPEDITED HUMAN RE-
‘‘(c) AUTHORITIES.— PLE’S REPUBLIC OF CHINA.
SOURCES PRACTICES TO ASSURE
‘‘(1) IN GENERAL.—The Director, in support (a) ASSESSMENT REQUIRED.—The Comp- QUALITY AND DIVERSITY IN THE
of educational programs in science, tech- troller General of the United States shall as- WORKFORCE OF THE INTELLIGENCE
nology, engineering, the arts, and mathe- COMMUNITY.
sess the efforts of the intelligence commu-
matics, may— nity and the Department of Defense to iden- (a) IN GENERAL.—Not later than 180 days
‘‘(A) award grants to eligible entities; tify and mitigate the risks posed to the in- after the date of the enactment of this Act,
‘‘(B) provide cash awards and other items telligence community and the Department the Director of National Intelligence shall
to eligible entities; by the use of direct-to-consumer genetic submit to the congressional intelligence
‘‘(C) accept voluntary services from eligi- testing by the Government of the People’s committees a report on how elements of the
ble entities; Republic of China. intelligence community are exercising hiring
‘‘(D) support national competition judging, flexibilities and expedited human resources
(b) REPORT REQUIRED.— practices afforded under section 3326 of title
other educational event activities, and asso-
(1) DEFINITION OF UNITED STATES DIRECT-TO- 5, United States Code, and subpart D of part
ciated award ceremonies in connection with
CONSUMER GENETIC TESTING COMPANY.—In this
such educational programs; and 315 of title 5, Code of Federal Regulations, or
subsection, the term ‘‘United States direct- successor regulation, to assure quality and
‘‘(E) enter into one or more education part-
to-consumer genetic testing company’’ diversity in the workforce of the intelligence
nership agreements with educational institu-
means a private entity that— community.
tions in the United States for the purpose of
(A) carries out direct-to-consumer genetic
encouraging and enhancing study in science, (b) OBSTACLES.—The report submitted
testing; and
technology, engineering, the arts, and math- under subsection (a) shall include identifica-
(B) is organized under the laws of the
ematics disciplines at all levels of education. tion of any obstacles encountered by the in-
United States or any jurisdiction within the
‘‘(2) EDUCATION PARTNERSHIP AGREE- telligence community in exercising the au-
United States.
MENTS.— thorities described in such subsection.
(2) IN GENERAL.—Not later than 180 days
‘‘(A) NATURE OF ASSISTANCE PROVIDED.— after the date of the enactment of this Act, SEC. 323. REPORT ON SIGNALS INTELLIGENCE
Under an education partnership agreement PRIORITIES AND REQUIREMENTS.
the Comptroller General shall submit to
entered into with an educational institution Congress, including the congressional intel- (a) REPORT REQUIRED.—Not later than 30
under paragraph (1)(E), the Director may ligence committees, the Committee on days after the date of the enactment of this
provide assistance to the educational insti- Armed Services of the Senate, and the Com- Act, the Director of National Intelligence
tution by— mittee on Armed Services of the House of shall submit to the congressional intel-
‘‘(i) loaning equipment to the educational Representatives, a report on the assessment ligence committees a report on signals intel-
institution for any purpose and duration in required by subsection (a). ligence priorities and requirements subject
support of such agreement that the Director (3) ELEMENTS.—The report required by to Presidential Policy Directive 28.
considers appropriate; paragraph (2) shall include the following: (b) ELEMENTS.—The report required by sub-
‘‘(ii) making personnel available to teach (A) A description of key national security section (a) shall cover the following:
science courses or to assist in the develop- risks and vulnerabilities associated with di- (1) The implementation of the annual proc-
ment of science courses and materials for the rect-to-consumer genetic testing, includ- ess for advising the Director on signals intel-
educational institution; ing— ligence priorities and requirements described
‘‘(iii) providing sabbatical opportunities (i) how the Government of the People’s Re- in section 3 of Presidential Policy Directive
for faculty and internship opportunities for public of China may be using data provided 28.
students; by personnel of the intelligence community (2) The signals intelligence priorities and
‘‘(iv) involving faculty and students of the and the Department through direct-to-con- requirements as of the most recent annual
educational institution in Agency projects, sumer genetic tests; and process.
including research and technology transfer (ii) how ubiquitous technical surveillance (3) The application of such priorities and
or transition projects; may amplify those risks. requirements to the signals intelligence col-
‘‘(v) cooperating with the educational in- (B) An assessment of the extent to which lection efforts of the intelligence commu-
stitution in developing a program under the intelligence community and the Depart- nity.
which students may be given academic cred- ment have identified risks and (4) The contents of the classified annex ref-
it for work on Agency projects, including re- vulnerabilities posed by direct-to-consumer erenced in section 3 of Presidential Policy
search and technology transfer for transition genetic testing and have sought to mitigate Directive 28.
projects; and such risks and vulnerabilities, or have plans (c) FORM.—The report submitted under
‘‘(vi) providing academic and career advice for such mitigation, including the extent to subsection (a) shall be submitted in unclassi-
and assistance to students of the educational which the intelligence community has deter- fied form, but may include a classified
institution. mined— annex.
‘‘(B) PRIORITIES.—In entering into edu- (i) in which United States direct-to-con- SEC. 324. ASSESSMENT OF DEMAND FOR STU-
cation partnership agreements under para- sumer genetic testing companies the Govern- DENT LOAN REPAYMENT PROGRAM
graph (1)(E), the Director shall prioritize en- ment of the People’s Republic of China or en- BENEFIT.
tering into education partnership agree- tities owned or controlled by the Govern- (a) IN GENERAL.—Not later than 90 days
ments with the following: ment of the People’s Republic of China have after the date of the enactment of this Act,
‘‘(i) Historically Black colleges and univer- an ownership interest; and the head of each element of the intelligence
sities and other minority-serving institu- (ii) which United States direct-to-con- community shall—
tions, as described in section 371(a) of the sumer genetic testing companies may have (1) calculate the number of personnel of
Higher Education Act of 1965 (20 U.S.C. sold data to the Government of the People’s that element who qualify for a student loan
1067q(a)). Republic of China or entities owned or con- repayment program benefit;
‘‘(ii) Educational institutions serving trolled by the Government of the People’s (2) compare the number calculated under
women, members of minority groups, and Republic of China. paragraph (1) to the number of personnel
other groups of individuals who traditionally (C) Such recommendations as the Comp- who apply for such a benefit;
are involved in the science, technology, engi- troller General may have for action by the (3) provide recommendations for how to
neering, arts, and mathematics professions intelligence community and the Department structure such a program to optimize par-
SSpencer on DSK126QN23PROD with SENATE
in disproportionately low numbers. to improve the identification and mitigation ticipation and enhance the effectiveness of
of risks and vulnerabilities posed by the use the benefit as a retention tool, including
‘‘(d) DESIGNATION OF ADVISOR.—The Direc-
of direct-to-consumer genetic testing by the with respect to the amount of the benefit of-
tor shall designate one or more individuals Government of the People’s Republic of fered and the length of time an employee re-
within the Agency to advise and assist the China. ceiving a benefit is required to serve under a
Director regarding matters relating to (4) FORM.—The report required by para- continuing service agreement; and
science, technology, engineering, the arts, graph (2) shall be submitted in unclassified (4) identify any shortfall in funds or au-
and mathematics education and training.’’. form, but may include a classified annex. thorities needed to provide such a benefit.
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S3348 CONGRESSIONAL RECORD — SENATE June 25, 2020
(b) INCLUSION IN FISCAL YEAR 2022 BUDGET Act, the Director, in coordination with the ‘‘(d) PUBLICATION.—
SUBMISSION.—The Director of National Intel- head of each element of the intelligence ‘‘(1) IN GENERAL.—Not later than 180 days
ligence shall include in the budget justifica- community and using the findings of the Di- after the date of the enactment of this sub-
tion materials submitted to Congress in sup- rector with respect to the survey conducted section, the President shall—
port of the budget for the intelligence com- under subsection (a), shall— ‘‘(A) publish in the Federal Register the
munity for fiscal year 2022 (as submitted (1) develop a strategy for open source intel- procedures established pursuant to sub-
with the budget of the President under sec- ligence collection, analysis, and production section (a); or
tion 1105(a) of title 31, United States Code) a that defines the overarching goals, roles, re- ‘‘(B) submit to Congress a certification
report on the findings of the elements of the sponsibilities, and processes for such collec- that the procedures currently in effect that
intelligence community under subsection tion, analysis, and production for the intel- govern access to classified information as de-
(a). ligence community; scribed in subsection (a)—
SEC. 325. ASSESSMENT OF INTELLIGENCE COM- (2) develop a plan for improving usability ‘‘(i) are published in the Federal Register;
MUNITY DEMAND FOR CHILD CARE. and utility of the Open Source Enterprise and
(a) IN GENERAL.—Not later than 180 days based on the customer feedback solicited ‘‘(ii) comply with the requirements of sub-
after the date of the enactment of this Act, under subsection (a)(2); and section (a).
the Director of National Intelligence, in co- (3) conduct a risk and benefit analysis of ‘‘(2) UPDATES.—Whenever the President
ordination with the heads of the elements of creating an open source center independent makes a revision to a procedure established
the intelligence community specified in sub- of any current intelligence community ele- pursuant to subsection (a), the President
section (b), shall submit to the congressional ment. shall publish such revision in the Federal
intelligence committees a report that in- (c) REQUIREMENT FOR PLAN FOR CENTRAL- Register not later than 30 days before the
cludes— IZED DATA REPOSITORY.—Not later than 270 date on which the revision becomes effec-
(1) a calculation of the total annual de- days after the date of the enactment of this tive.’’.
mand for child care by employees of such Act and using the findings of the Director (c) CONSISTENCY.—
elements, at or near the workplaces of such with respect to the survey and evaluation (1) IN GENERAL.—Title VIII of the National
employees, including a calculation of the de- conducted under subsection (a), the strategy Security Act of 1947 (50 U.S.C. 3161 et seq.) is
mand for early morning and evening child and plan developed under subsection (b), and amended by inserting after section 801 the
care; the risk and benefit analysis conducted following:
(2) an identification of any shortfall be- under such subsection, the Director shall de- ‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO
tween the demand calculated under para- velop a plan for a centralized data repository CLASSIFIED INFORMATION.
graph (1) and the child care supported by of open source intelligence that enables all ‘‘(a) DEFINITIONS.—In this section:
such elements as of the date of the report; elements of the intelligence community—
‘‘(1) AGENCY.—The term ‘agency’ has the
(3) an assessment of options for addressing (1) to use such repository for their specific
meaning given the term ‘Executive agency’
any such shortfall, including options for pro- requirements; and
in section 105 of title 5, United States Code.
viding child care at or near the workplaces (2) to derive open source intelligence ad-
‘‘(2) CLASSIFIED INFORMATION.—The term
of employees of such elements; vantages.
‘classified information’ includes sensitive
(4) an identification of the advantages, dis- (d) REQUIREMENT FOR COST-SHARING
MODEL.—Not later than 1 year after the date compartmented information, restricted data,
advantages, security requirements, and costs restricted handling information, and other
associated with each such option; of the enactment of this Act and using the
findings of the Director with respect to the compartmented information.
(5) a plan to meet, by the date that is 5 ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED
years after the date of the report— survey and evaluation conducted under sub-
section (a), the strategy and plan developed INFORMATION.—The term ‘eligibility for ac-
(A) the demand calculated under paragraph cess to classified information’ has the mean-
under subsection (b), the risk and benefit
(1); or ing given such term in the procedures estab-
analysis conducted under such subsection,
(B) an alternative standard established by lished pursuant to section 801(a).
and the plan developed under subsection (c),
the Director for child care available to em- ‘‘(b) IN GENERAL.—Each head of an agency
the Director shall develop a cost-sharing
ployees of such elements; and that makes a determination regarding eligi-
model that leverages the open source intel-
(6) an assessment of needs of specific ele- ligence investments of each element of the bility for access to classified information
ments of the intelligence community, in- intelligence community for the beneficial shall ensure that in making the determina-
cluding any Government-provided child care use of the entire intelligence community. tion, the head of the agency or any person
that could be collocated with a workplace of (e) CONGRESSIONAL BRIEFING.—Not later acting on behalf of the head of the agency—
employees of such an element and any avail- than 1 year after the date of the enactment ‘‘(1) does not violate any right or protec-
able child care providers in the proximity of of this Act, the Director of National Intel- tion enshrined in the Constitution of the
such a workplace. ligence, the Director of the Central Intel- United States, including rights articulated
(b) ELEMENTS SPECIFIED.—The elements of ligence Agency, the Director of the Defense in the First, Fifth, and Fourteenth Amend-
the intelligence community specified in this Intelligence Agency, the Director of the Na- ments;
subsection are the following: tional Geospatial-Intelligence Agency, and ‘‘(2) does not discriminate for or against an
(1) The Central Intelligence Agency. the Director of the National Security Agen- individual on the basis of race, ethnicity,
(2) The National Security Agency. cy shall jointly brief the congressional intel- color, religion, sex, national origin, age, or
(3) The Defense Intelligence Agency. ligence committees on— handicap;
(4) The National Geospatial-Intelligence (1) the strategy developed under paragraph ‘‘(3) is not carrying out—
Agency. (1) of subsection (b); ‘‘(A) retaliation for political activities or
(5) The National Reconnaissance Office. (2) the plan developed under paragraph (2) beliefs; or
(6) The Office of the Director of National of such subsection; ‘‘(B) a coercion or reprisal described in sec-
Intelligence. (3) the plan developed under subsection (c); tion 2302(b)(3) of title 5, United States Code;
SEC. 326. OPEN SOURCE INTELLIGENCE STRATE- and and
GIES AND PLANS FOR THE INTEL- (4) the cost-sharing model developed under
LIGENCE COMMUNITY.
‘‘(4) does not violate section 3001(j)(1) of
subsection (d). the Intelligence Reform and Terrorism Pre-
(a) REQUIREMENT FOR SURVEY AND EVALUA-
TITLE IV—SECURITY CLEARANCES AND vention Act of 2004 (50 U.S.C. 3341(j)(1)).’’.
TION OF CUSTOMER FEEDBACK.—Not later
than 90 days after the date of the enactment TRUSTED WORKFORCE (2) CLERICAL AMENDMENT.—The table of
of this Act, the Director of National Intel- SEC. 401. EXCLUSIVITY, CONSISTENCY, AND contents in the matter preceding section 2 of
ligence, in coordination with the head of TRANSPARENCY IN SECURITY the National Security Act of 1947 (50 U.S.C.
CLEARANCE PROCEDURES, AND 3002) is amended by inserting after the item
each element of the intelligence community, RIGHT TO APPEAL.
shall— relating to section 801 the following:
(a) EXCLUSIVITY OF PROCEDURES.—Section ‘‘Sec. 801A. Decisions relating to access to
(1) conduct a survey of the open source in- 801 of the National Security Act of 1947 (50
telligence requirements, goals, monetary classified information.’’.
U.S.C. 3161) is amended by adding at the end (d) RIGHT TO APPEAL.—
and property investments, and capabilities the following:
for each element of the intelligence commu- (1) IN GENERAL.—Such title, as amended by
‘‘(c) EXCLUSIVITY.—Except as provided in
nity; and subsection (c), is further amended by insert-
subsection (b) and subject to sections 801A
(2) evaluate the usability and utility of the and 801B, the procedures established pursu- ing after section 801A the following:
Open Source Enterprise by soliciting cus- ‘‘SEC. 801B. RIGHT TO APPEAL.
SSpencer on DSK126QN23PROD with SENATE
ant to subsection (a) and promulgated and
tomer feedback and evaluating such feed- set forth under subpart A of title 32, Code of ‘‘(a) DEFINITIONS.—In this section:
back. Federal Regulations, or successor regula- ‘‘(1) AGENCY.—The term ‘agency’ has the
(b) REQUIREMENT FOR OVERALL STRATEGY tions, shall be the exclusive procedures by meaning given the term ‘Executive agency’
AND FOR INTELLIGENCE COMMUNITY, PLAN FOR which decisions about eligibility for access in section 105 of title 5, United States Code.
IMPROVING USABILITY OF OPEN SOURCE EN- to classified information are governed.’’. ‘‘(2) COVERED PERSON.—The term ‘covered
TERPRISE, AND RISK ANALYSIS OF CREATING (b) TRANSPARENCY.—Such section is fur- person’ means a person, other than the
OPEN SOURCE CENTER.—Not later than 180 ther amended by adding at the end the fol- President and Vice President, currently or
days after the date of the enactment of this lowing: formerly employed in, detailed to, assigned
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3349
to, or issued an authorized conditional offer ‘‘(bb) section 552a of such title (commonly ‘‘(D) ACCESS TO CLASSIFIED INFORMATION.—
of employment for a position that requires known as the ‘Privacy Act of 1974’); and The head of an agency that establishes a
access to classified information by an agen- ‘‘(cc) such other provisions of law relating panel under subparagraph (A) shall afford ac-
cy, including the following: to the protection of confidential sources and cess to classified information to the mem-
‘‘(A) A member of the Armed Forces. privacy of individuals. bers of the panel as the agency head deter-
‘‘(B) A civilian. ‘‘(iii)(I) The covered person shall have the mines—
‘‘(C) An expert or consultant with a con- opportunity to retain counsel or other rep- ‘‘(i) necessary for the panel to hear and re-
tractual or personnel obligation to an agen- resentation at the covered person’s expense. view an appeal under this subsection; and
cy. ‘‘(II) Upon the request of the covered per- ‘‘(ii) consistent with the interests of na-
‘‘(D) Any other category of person who acts son, and a showing that the ability to review tional security.
for or on behalf of an agency as determined classified information is essential to the res- ‘‘(4) REPRESENTATION BY COUNSEL.—
by the head of the agency. olution of an appeal under this subsection, ‘‘(A) IN GENERAL.—Each head of an agency
‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED counsel or other representation retained shall ensure that, under this subsection, a
INFORMATION.—The term ‘eligibility for ac- under this clause shall be considered for ac- covered person appealing a decision of the
cess to classified information’ has the mean- cess to classified information for the limited head’s agency under this subsection has an
ing given such term in the procedures estab- purposes of such appeal. opportunity to retain counsel or other rep-
lished pursuant to section 801(a). ‘‘(iv)(I) The head of the agency shall pro- resentation at the covered person’s expense.
‘‘(4) NEED FOR ACCESS.—The term ‘need for vide the covered person an opportunity, at a ‘‘(B) ACCESS TO CLASSIFIED INFORMATION.—
access’ has such meaning as the President point in the process determined by the agen- ‘‘(i) IN GENERAL.—Upon the request of a
may define in the procedures established cy head— covered person appealing a decision of an
pursuant to section 801(a). ‘‘(aa) to appear personally before an adju- agency under this subsection and a showing
‘‘(5) RECIPROCITY OF CLEARANCE.—The term dicative or other authority, other than the that the ability to review classified informa-
‘reciprocity of clearance’, with respect to a investigating entity, and to present to such tion is essential to the resolution of the ap-
denial by an agency, means that the agency, authority relevant documents, materials, peal under this subsection, the head of the
with respect to a covered person— and information, including evidence that agency shall sponsor an application by the
‘‘(A) failed to accept a security clearance past problems relating to the denial or rev- counsel or other representation retained
background investigation as required by ocation have been overcome or sufficiently under this paragraph for access to classified
paragraph (1) of section 3001(d) of the Intel- mitigated; and information for the limited purposes of such
ligence Reform and Terrorism Prevention ‘‘(bb) to call and cross-examine witnesses appeal.
Act of 2004 (50 U.S.C. 3341(d)); before such authority, unless the head of the ‘‘(ii) EXTENT OF ACCESS.—Counsel or an-
‘‘(B) failed to accept a transferred security agency determines that calling and cross-ex- other representative who is cleared for ac-
clearance background investigation required amining witnesses is not consistent with the cess under this subparagraph may be af-
by paragraph (2) of such section; interests of national security. forded access to relevant classified materials
‘‘(C) subjected the covered person to an ad- ‘‘(II) The head of the agency shall make, as to the extent consistent with the interests of
ditional investigative or adjudicative re- part of the security record of the covered national security.
person, a written summary, transcript, or re- ‘‘(5) PUBLICATION OF DECISIONS.—
quirement in violation of paragraph (3) of
cording of any appearance under item (aa) of ‘‘(A) IN GENERAL.—Each head of an agency
such section; or
subclause (I) or of any calling or cross-exam- shall publish each final decision on an appeal
‘‘(D) conducted an investigation in viola-
ining of witnesses under item (bb) of such under this subsection.
tion of paragraph (4) of such section.
subclause. ‘‘(B) REQUIREMENTS.—In order to ensure
‘‘(6) SECURITY EXECUTIVE AGENT.—The term
‘‘(v) On or before the date that is 30 days transparency, oversight by Congress, and
‘Security Executive Agent’ means the officer
after the date on which the covered person meaningful information for those who need
serving as the Security Executive Agent pur-
receives copies of documents under clause to understand how the clearance process
suant to section 803.
(ii), the covered person may request a hear- works, each publication under subparagraph
‘‘(b) AGENCY REVIEW.— ing of the decision to deny or revoke by fil- (A) shall be—
‘‘(1) IN GENERAL.—Not later than 180 days ing a written appeal with the head of the ‘‘(i) made in a manner that is consistent
after the date of the enactment of the Intel- agency. with section 552 of title 5, United States
ligence Authorization Act for Fiscal Year ‘‘(B) A requirement that each review of a Code, as amended by the Electronic Freedom
2021, each head of an agency shall, consistent decision under this subsection is completed of Information Act Amendments of 1996
with the interest of national security, estab- on average not later than 180 days after the (Public Law 104–231);
lish and publish in the Federal Register a date on which a hearing is requested under ‘‘(ii) published to explain the facts of the
process by which a covered person to whom subparagraph (A)(v). case, redacting personally identifiable infor-
eligibility for access to classified informa- ‘‘(3) AGENCY REVIEW PANELS.— mation and sensitive program information;
tion was denied or revoked by the agency or ‘‘(A) IN GENERAL.—Each head of an agency and
for whom reciprocity of clearance was denied shall establish a panel to hear and review ap- ‘‘(iii) made available on a website that is
by the agency can appeal that denial or rev- peals under this subsection. searchable by members of the public.
ocation within the agency. ‘‘(B) MEMBERSHIP.— ‘‘(c) PERIOD OF TIME FOR THE RIGHT TO AP-
‘‘(2) ELEMENTS.—The process required by ‘‘(i) COMPOSITION.—Each panel established PEAL.—
paragraph (1) shall include the following: by the head of an agency under subparagraph ‘‘(1) IN GENERAL.—Except as provided in
‘‘(A) In the case of a covered person to (A) shall be composed of at least three em- paragraph (2), any covered person who has
whom eligibility for access to classified in- ployees of the agency selected by the agency been the subject of a decision made by the
formation or reciprocity of clearance is de- head, two of whom shall not be members of head of an agency to deny or revoke eligi-
nied or revoked by an agency, the following: the security field. bility for access to classified information
‘‘(i) The head of the agency shall provide ‘‘(ii) TERMS.—A term of service on a panel shall retain all rights to appeal under this
the covered person with a written— established by the head of an agency under section until the conclusion of the appeals
‘‘(I) detailed explanation of the basis for subparagraph (A) shall not exceed 2 years. process under this section.
the denial or revocation as the head of the ‘‘(C) DECISIONS.— ‘‘(2) WAIVER OF RIGHTS.—
agency determines is consistent with the in- ‘‘(i) WRITTEN.—Each decision of a panel es- ‘‘(A) PERSONS.—Any covered person may
terests of national security and as permitted tablished under subparagraph (A) shall be in voluntarily waive the covered person’s right
by other applicable provisions of law; and writing and contain a justification of the de- to appeal under this section and such waiver
‘‘(II) notice of the right of the covered per- cision. shall be conclusive.
son to a hearing and appeal under this sub- ‘‘(ii) CONSISTENCY.—Each head of an agency ‘‘(B) AGENCIES.—The head of an agency
section. that establishes a panel under subparagraph may not require a covered person to waive
‘‘(ii) Not later than 30 days after receiving (A) shall ensure that each decision of the the covered person’s right to appeal under
a request from the covered person for copies panel is consistent with the interests of na- this section for any reason.
of the documents that formed the basis of tional security and applicable provisions of ‘‘(d) WAIVER OF AVAILABILITY OF PROCE-
the agency’s decision to revoke or deny, in- law. DURES FOR NATIONAL SECURITY INTEREST.—
cluding the investigative file, the head of the ‘‘(iii) OVERTURN.—The head of an agency ‘‘(1) IN GENERAL.—If the head of an agency
agency shall provide to the covered person may overturn a decision of the panel if, not determines that a procedure established
copies of such documents as— later than 30 days after the date on which under subsection (b) cannot be made avail-
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‘‘(I) the head of the agency determines is the panel issues the decision, the agency able to a covered person in an exceptional
consistent with the interests of national se- head personally exercises the authority case without damaging a national security
curity; and granted by this clause to overturn such deci- interest of the United States by revealing
‘‘(II) permitted by other applicable provi- sion. classified information, such procedure shall
sions of law, including— ‘‘(iv) FINALITY.—Each decision of a panel not be made available to such covered per-
‘‘(aa) section 552 of title 5, United States established under subparagraph (A) or over- son.
Code (commonly known as the ‘Freedom of turned pursuant to clause (iii) of this sub- ‘‘(2) FINALITY.—A determination under
Information Act’); paragraph shall be final. paragraph (1) shall be final and conclusive
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S3350 CONGRESSIONAL RECORD — SENATE June 25, 2020
and may not be reviewed by any other offi- ‘‘(II) Such other matters as the Security Act, the Security Executive Agent, in co-
cial or by any court. Executive Agent considers appropriate. ordination with the principal members of the
‘‘(3) REPORTING.— ‘‘(f) RELATIONSHIP TO SUITABILITY.—No per- Performance Accountability Council and the
‘‘(A) CASE-BY-CASE.— son may use a determination of suitability Attorney General, shall issue a policy for the
‘‘(i) IN GENERAL.—In each case in which the under part 731 of title 5, Code of Federal Reg- Federal Government on sharing of deroga-
head of an agency determines under para- ulations, or successor regulation, for the tory information pertaining to contractor
graph (1) that a procedure established under purpose of denying a covered person the re- employees engaged by the Federal Govern-
subsection (b) cannot be made available to a view proceedings of this section where there ment.
covered person, the agency head shall, not has been a denial or revocation of eligibility (b) CONSENT REQUIREMENT.—
later than 30 days after the date on which for access to classified information or a de- (1) IN GENERAL.—The policy issued under
the agency head makes such determination, nial of reciprocity of clearance. subsection (a) shall require, as a condition of
submit to the Security Executive Agent and ‘‘(g) PRESERVATION OF ROLES AND RESPON- accepting a security clearance with the Fed-
to the congressional intelligence committees SIBILITIES UNDER EXECUTIVE ORDER 10865 AND eral Government, that a contractor em-
a report stating the reasons for the deter- OF THE DEFENSE OFFICE OF HEARINGS AND AP- ployee provide prior written consent for the
mination. PEALS.—Nothing in this section shall be con- Federal Government to share covered derog-
‘‘(ii) FORM.—A report submitted under strued to diminish or otherwise affect the atory information with the chief security of-
clause (i) may be submitted in classified procedures in effect on the day before the ficer of the contractor employer that em-
form as necessary. date of the enactment of this Act for denial ploys the contractor employee.
‘‘(B) ANNUAL REPORTS.— and revocation procedures provided to indi- (2) COVERED DEROGATORY INFORMATION.—
‘‘(i) IN GENERAL.—Not less frequently than viduals by Executive Order 10865 (50 U.S.C. For purposes of this section, covered deroga-
once each fiscal year, the Security Executive 3161 note; relating to safeguarding classified tory information—
Agent shall submit to the congressional in- information within industry), or successor (A) is information that—
telligence committees a report on the deter- order, including those administered through (i) contravenes National Security Adju-
minations made under paragraph (1) during the Defense Office of Hearings and Appeals of dicative Guidelines as specified in Security
the previous fiscal year. the Department of Defense under Depart- Executive Agent Directive 4 (10 C.F.R. 710
‘‘(ii) CONTENTS.—Each report submitted ment of Defense Directive 5220.6, or successor app. A), or any successor Federal policy;
under clause (i) shall include, for the period directive. (ii) a Federal Government agency certifies
covered by the report, the following: ‘‘(h) RULE OF CONSTRUCTION RELATING TO is accurate and reliable;
‘‘(I) The number of cases and reasons for CERTAIN OTHER PROVISIONS OF LAW.—This (iii) is relevant to a contractor’s ability to
determinations made under paragraph (1), section and the processes and procedures es- protect against insider threats as required
disaggregated by agency. tablished under this section shall not be con- by section 1–202 of the National Industrial
‘‘(II) Such other matters as the Security strued to apply to paragraphs (6) and (7) of Security Program Operating Manual
Executive Agent considers appropriate. section 3001(j) of the Intelligence Reform and (NISPOM), or successor manual; and
‘‘(e) DENIALS AND REVOCATIONS UNDER Terrorism Prevention Act of 2004 (50 U.S.C. (iv) may have a bearing on the contractor
OTHER PROVISIONS OF LAW.— 3341(j)).’’. employee’s suitability for a position of pub-
‘‘(1) RULE OF CONSTRUCTION.—Nothing in (2) CLERICAL AMENDMENT.—The table of lic trust or to receive credentials to access
this section shall be construed to limit or af- contents in the matter preceding section 2 of certain facilities of the Federal Government;
fect the responsibility and power of the head the National Security Act of 1947 (50 U.S.C. and
of an agency to deny or revoke eligibility for 3002), as amended by subsection (c), is fur- (B) shall include any negative information
access to classified information or to deny ther amended by inserting after the item re- considered in the adjudicative process, in-
reciprocity of clearance in the interest of na- lating to section 801A the following: cluding information provided by the con-
tional security. ‘‘Sec. 801B. Right to appeal.’’. tractor employee on forms submitted for the
‘‘(2) DENIALS AND REVOCATION.—The power SEC. 402. ESTABLISHING PROCESS PARITY FOR
processing of the contractor employee’s se-
and responsibility to deny or revoke eligi- SECURITY CLEARANCE REVOCA- curity clearance.
bility for access to classified information or TIONS. (c) ELEMENTS.—The policy issued under
to deny reciprocity of clearance pursuant to Subparagraph (C) of section 3001(j)(4) of the subsection (a) shall—
any other provision of law or Executive Intelligence Reform and Terrorism Preven- (1) require Federal agencies, except under
order may be exercised only when the head tion Act of 2004 (50 U.S.C. 3341(j)(4)) is exceptional circumstances specified by the
of an agency determines that an applicable amended to read as follows: Security Executive Agent, to share with the
process established under this section cannot ‘‘(C) BURDENS OF PROOF.— contractor employer of a contractor em-
be invoked in a manner that is consistent ‘‘(i) IN GENERAL.—Subject to clause (iii), in ployee engaged with the Federal Government
with national security. determining whether the adverse security the existence of potentially derogatory in-
‘‘(3) FINALITY.—A determination under clearance or access determination violated formation and which National Security Ad-
paragraph (2) shall be final and conclusive paragraph (1), the agency shall find that judicative Guideline it falls under, with the
and may not be reviewed by any other offi- paragraph (1) was violated if the individual exception that the Security Executive Agent
cial or by any court. has demonstrated that a disclosure described may waive such requirement in cir-
‘‘(4) REPORTING.— in paragraph (1) was a contributing factor in cumstances the Security Executive Agent
‘‘(A) CASE-BY-CASE.— the adverse security clearance or access de- considers extraordinary;
‘‘(i) IN GENERAL.—In each case in which the termination taken against the individual. (2) require that covered derogatory infor-
head of an agency determines under para- ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.—An indi- mation shared with a contractor employer as
graph (2) that a determination relating to a vidual under clause (i) may demonstrate that described in subsection (b)(1) be used by the
denial or revocation of eligibility for access the disclosure was a contributing factor in contractor employer exclusively for risk
to classified information or denial of reci- the adverse security clearance or access de- mitigation purposes under section 1–202 of
procity of clearance could not be made pur- termination taken against the individual the National Industrial Security Program
suant to a process established under this sec- through circumstantial evidence, such as Operating Manual, or successor manual;
tion, the agency head shall, not later than 30 evidence that— (3) require Federal agencies to share any
days after the date on which the agency head ‘‘(I) the official making the determination mitigation measures in place to address the
makes such a determination under para- knew of the disclosure; and derogatory information;
graph (2), submit to the Security Executive ‘‘(II) the determination occurred within a (4) establish standards for timeliness for
Agent and to the congressional intelligence period such that a reasonable person could sharing the derogatory information;
committees a report stating the reasons for conclude that the disclosure was a contrib- (5) specify the methods by which covered
the determination. uting factor in the determination. derogatory information will be shared with
‘‘(ii) FORM.—A report submitted under ‘‘(iii) DEFENSE.—In determining whether the contractor employer of the contractor
clause (i) may be submitted in classified the adverse security clearance or access de- employee;
form as necessary. termination violated paragraph (1), the agen- (6) allow the contractor employee, within a
‘‘(B) ANNUAL REPORTS.— cy shall not find that paragraph (1) was vio- specified timeframe, the right—
‘‘(i) IN GENERAL.—Not less frequently than lated if, after a finding that a disclosure was (A) to contest the accuracy and reliability
once each fiscal year, the Security Executive a contributing factor, the agency dem- of covered derogatory information;
Agent shall submit to the congressional in- onstrates by clear and convincing evidence (B) to address or remedy any concerns
telligence committees a report on the deter- raised by the covered derogatory informa-
SSpencer on DSK126QN23PROD with SENATE
that it would have made the same security
minations made under paragraph (2) during clearance or access determination in the ab- tion; and
the previous fiscal year. sence of such disclosure.’’. (C) to provide documentation pertinent to
‘‘(ii) CONTENTS.—Each report submitted SEC. 403. FEDERAL POLICY ON SHARING OF DE- subparagraph (A) or (B) for an agency to
under clause (i) shall include, for the period ROGATORY INFORMATION PER- place in relevant security clearance data-
covered by the report, the following: TAINING TO CONTRACTOR EMPLOY- bases;
‘‘(I) The number of cases and reasons for EES IN THE TRUSTED WORKFORCE. (7) establish a procedure by which the con-
determinations made under paragraph (2), (a) POLICY REQUIRED.—Not later than 180 tractor employer of the contractor employee
disaggregated by agency. days after the date of the enactment of this may consult with the Federal Government
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3351
prior to taking any remedial action under ginning after the date of the enactment of (aa) the Federal Communications Commis-
section 1–202 of the National Industrial Secu- this Act. sion;
rity Program Operating Manual, or successor (bb) REMAINDER TO TREASURY.—Any (bb) the National Institute of Standards
manual, to address the derogatory informa- amounts remaining in the Security Fund and Technology;
tion the Federal agency has provided; after the end of the tenth fiscal year begin- (cc) the Department of Defense;
(8) stipulate that the chief security officer ning after the date of the enactment of this (dd) the Department of State;
of the contractor employer is prohibited Act shall be deposited in the general fund of (ee) the National Science Foundation; and
from sharing or discussing covered deroga- the Treasury. (ff) the Department of Homeland Security;
tory information with other parties, includ- (iv) USE OF AMOUNTS.—Amounts deposited and
ing nonsecurity professionals at the con- in the Security Fund shall be available to (II) other representatives from the private
tractor employer; and the Director of the Intelligence Advanced and public sectors, at the discretion of the
(9) require companies in the National In- Research Projects Activity to award grants Security Fund.
dustrial Security Program to comply with under subparagraph (B). (iii) DUTIES.—The advisory committee es-
the policy. (B) GRANTS.— tablished under clause (i) shall advise the Di-
(d) CONSIDERATION OF LESSONS LEARNED (i) IN GENERAL.—The Director of the Intel- rector of the Intelligence Advanced Research
FROM INFORMATION-SHARING PROGRAM FOR ligence Advanced Research Projects Activity Projects Activity on technology develop-
POSITIONS OF TRUST AND SECURITY CLEAR- shall award grants to support research and ments to help inform—
ANCES.—In developing the policy issued the commercial application of such research, (I) the strategic direction of the Security
under subsection (a), the Director shall con- including in the following areas: Fund; and
sider, to the extent available, lessons learned (I) Promoting the development of tech- (II) efforts of the Federal Government to
from actions taken to carry out section nology, including software, hardware, and promote a more secure, diverse, sustainable,
6611(f) of the National Defense Authorization microprocessing technology, that will en- and competitive supply chain.
Act for Fiscal Year 2020 (Public Law 116–92). hance competitiveness in fifth-generation (D) REPORTS TO CONGRESS.—
TITLE V—REPORTS AND OTHER MATTERS (commonly known as ‘‘5G’’) and successor (i) INITIAL REPORT.—Not later than 180 days
wireless technology supply chains. after the date of the enactment of this Act,
SEC. 501. SECURE AND TRUSTED TECHNOLOGY.
(II) Accelerating development and deploy- the Director of the Intelligence Advanced
(a) DEFINITIONS.—In this section: ment of open interface, standards-based com- Research Projects Activity shall submit to
(1) APPROPRIATE COMMITTEES OF CON- patible interoperable equipment, such as the appropriate committees of Congress a re-
GRESS.—The term ‘‘appropriate committees equipment developed pursuant to the stand- port with—
of Congress’’ means— ards set forth by organizations such as the (I) additional recommendations on pro-
(A) the Select Committee on Intelligence O–RAN Alliance, the Telecom Infra Project, moting the competitiveness and sustain-
of the Senate; 3GPP, the O–RAN Software Community, or ability of trusted suppliers in the wireless
(B) the Committee on Foreign Relations of any successor organizations. supply chain; and
the Senate; (III) Promoting compatibility of new fifth- (II) any additional authorities needed to
(C) the Committee on Homeland Security generation wireless network equipment with facilitate the timely adoption of open stand-
and Governmental Affairs of the Senate; future open standards-based interoperable ards-based equipment, including authority to
(D) the Committee on Armed Services of equipment. provide loans, loan guarantees, and other
the Senate; (IV) Managing integration of multivendor forms of credit extension that would maxi-
(E) the Committee on Commerce, Science, network environments. mize the use of designated funds.
and Transportation of the Senate; (V) Objective criteria to define equipment (ii) ANNUAL REPORT.—For each fiscal year
(F) the Committee on Appropriations of as compliant with open standards for multi- for which amounts in the Security Fund are
the Senate; vendor network equipment interoperability. available under this paragraph, the Director
(G) the Permanent Select Committee on (VI) Promoting development and inclusion of the Intelligence Advanced Research
Intelligence of the House of Representatives; of security features enhancing the integrity Projects Activity shall submit to Congress a
(H) the Committee on Foreign Affairs of and availability of equipment in multivendor report that—
the House of Representatives; networks. (I) describes how, and to whom, grants
(I) the Committee on Homeland Security (VII) Promoting the application of network have been awarded under subparagraph (B);
of the House of Representatives; function virtualization to facilitate multi- (II) details the progress of the Director of
(J) the Committee on Armed Services of vendor interoperability and a more diverse the Intelligence Advanced Research Projects
the House of Representatives; vendor market. Activity in meeting the objectives described
(K) the Committee on Energy and Com- (ii) AMOUNT.— in subparagraph (B)(i); and
merce of the House of Representatives; and (I) IN GENERAL.—Subject to subclause (II), (III) includes such other information as the
(L) the Committee on Appropriations of a grant awarded under clause (i) shall be in Director of the Intelligence Advanced Re-
the House of Representatives. such amount as the Director of the Intel- search Projects Activity determine appro-
(2) FIFTH-GENERATION WIRELESS NETWORK.— ligence Advanced Research Projects Activity priate.
The term ‘‘fifth-generation wireless net- consider appropriate. (2) MULTILATERAL TELECOMMUNICATIONS SE-
work’’ means a radio network as described (II) LIMITATION ON GRANT AMOUNTS.—The CURITY FUND.—
by the 3rd Generation Partnership Project amount of a grant awarded under this para- (A) ESTABLISHMENT OF FUND.—
(3GPP) Release 15 or higher. graph to a recipient for a specific research (i) IN GENERAL.—There is established in the
(b) SUPPORTING THE DEVELOPMENT AND focus area may not exceed $100,000,000. Treasury of the United States a fund to be
ADOPTION OF SECURE AND TRUSTED TECH- (iii) CRITERIA.—The Director of the Intel- known as the ‘‘Multilateral Telecommuni-
NOLOGIES AMONG INTELLIGENCE ALLIES AND ligence Advanced Research Projects Activ- cations Security Fund’’ (in this section re-
PARTNERS.— ity, in consultation with the Secretary of ferred to as the ‘‘Multilateral Fund’’).
(1) COMMUNICATIONS TECHNOLOGY SECURITY Defense, the Assistant Secretary of Com- (ii) ADMINISTRATION.—The Director of Na-
AND INNOVATION FUND.— merce for Communications and Information, tional Intelligence and the Secretary of De-
(A) ESTABLISHMENT OF FUND.— the Director of the National Institute of fense shall jointly administer the Multilat-
(i) IN GENERAL.—There is established in the Standards and Technology, and the Sec- eral Fund.
Treasury of the United States a fund to be retary of Homeland Security, shall establish (iii) USE OF AMOUNTS.—Amounts in the
known as the ‘‘Communications Technology criteria for grants awarded under clause (i). Multilateral Fund shall be used to establish
Security and Innovation Fund’’ (referred to (iv) TIMING.—Not later than 1 year after the common funding mechanism required by
in this paragraph as the ‘‘Security Fund’’). the date of the enactment of this Act, the subparagraph (B).
(ii) ADMINISTRATION.—The Director of the Director of the Intelligence Advanced Re- (iv) CONTENTS OF FUND.—
Intelligence Advanced Research Projects Ac- search Projects Activity shall begin award- (I) IN GENERAL.—The Multilateral Fund
tivity shall administer the Security Fund. ing grants under clause (i). shall consist of amounts appropriated pursu-
(iii) CONTENTS OF FUND.— (C) FEDERAL ADVISORY BODY.— ant to the authorization of appropriations
(I) IN GENERAL.—The fund shall consist of— (i) ESTABLISHMENT.—The Director of the under paragraph (3)(B) and such other
(aa) amounts appropriated pursuant to the Intelligence Advanced Research Projects Ac- amounts as may be appropriated or other-
authorization of appropriations under para- tivity shall establish a Federal advisory wise made available to the Director and the
graph (3)(A); and committee, in accordance with the Federal Secretary to be deposited in the Multilateral
(bb) such other amounts as may be appro- Advisory Committee Act (5 U.S.C. App.), Fund.
SSpencer on DSK126QN23PROD with SENATE
priated or otherwise made available to the composed of government and private sector (II) AVAILABILITY.—
Director of the Intelligence Advanced Re- experts, to advise the Director of the Intel- (aa) IN GENERAL.—Amounts deposited in
search Projects Activity to be deposited in ligence Advanced Research Projects Activity the Multilateral Fund shall remain available
the Security Fund. on the administration of the Security Fund. through fiscal year 2031.
(II) AVAILABILITY.— (ii) COMPOSITION.—The advisory committee (bb) REMAINDER TO TREASURY.—Any
(aa) IN GENERAL.—Amounts deposited in established under clause (i) shall be com- amounts remaining in the Fund after fiscal
the Security Fund shall remain available posed of— year 2031 shall be deposited in the General
through the end of the tenth fiscal year be- (I) representatives from— Fund of the Treasury.
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S3352 CONGRESSIONAL RECORD — SENATE June 25, 2020
(B) MULTILATERAL COMMON FUNDING MECHA- stitute of Electrical and Electronics Engi- (1) Matters relating to threats described in
NISM.— neers (IEEE). subsection (a) as they pertain to the fol-
(i) IN GENERAL.—The Director and the Sec- (B) FORM.—The report submitted under lowing:
retary shall jointly, in coordination with for- subparagraph (A) shall be submitted in un- (A) The threat posed to United States per-
eign partners, establish a common funding classified form, but may include a classified sons and persons inside the United States.
mechanism that uses amounts from the Mul- annex. (B) The threat posed to United States per-
tilateral Fund to support the development (2) CONSULTATION REQUIRED.—The Director sonnel overseas.
and adoption of secure and trusted tele- and the Secretary shall carry out paragraph (C) The threat posed to employees of the
communications technologies in key mar- (1) in consultation with the following: Federal Government, including through both
kets globally. (A) The Federal Communications Commis- official and personal accounts and devices.
(ii) CONSULTATION REQUIRED.—The Director sion. (2) A description of which foreign govern-
and the Secretary shall carry out clause (i) (B) The Secretary of State. ments and entities pose the greatest threats
in consultation with the following: (C) The Assistant Secretary of Commerce from the use of technology described in sub-
(I) The Federal Communications Commis- for Communications and Information. section (a) and the nature of those threats.
sion. (D) The Secretary of Defense. (3) An assessment of the source of the com-
(II) The Secretary of State. (E) The Director of National Intelligence. mercially available cyber intrusion and
(III) The Assistant Secretary of Commerce (F) The Under Secretary of Commerce for other surveillance technology that poses the
for Communications and Information. Standards and Technology. threats described in subsection (a), including
(IV) The Director of the Intelligence Ad- SEC. 502. REPORT ON ATTEMPTS BY FOREIGN AD- whether such technology is made by United
vanced Research Projects Activity. VERSARIES TO BUILD TELE- States companies or companies in the United
(V) The Under Secretary of Commerce for COMMUNICATIONS AND CYBERSE- States or by foreign companies.
Standards and Technology. CURITY EQUIPMENT AND SERVICES (4) An assessment of actions taken, as of
FOR, OR TO PROVIDE SUCH EQUIP-
(C) ANNUAL REPORT TO CONGRESS.— the date of the enactment of this Act, by the
MENT AND SERVICES TO, CERTAIN
(i) IN GENERAL.—Not later than 1 year after ALLIES OF THE UNITED STATES. Federal Government and foreign govern-
the date of the enactment of this Act and not ments to limit the export of technology de-
(a) DEFINITIONS.—In this section:
less frequently than once each fiscal year scribed in subsection (a) from the United
(1) APPROPRIATE COMMITTEES OF CON-
thereafter until fiscal year 2031, the Director States or foreign countries to foreign gov-
GRESS.—The term ‘‘appropriate committees
and the Secretary shall jointly submit to the ernments and entities in ways that pose the
of Congress’’ means—
appropriate committees of Congress an an- threats described in such subsection.
(A) the Committee on Armed Services and
nual report on the Multilateral Fund and the (5) Matters relating to how the Federal
the Select Committee on Intelligence of the
use of amounts under subparagraph (B). Government, Congress, and foreign govern-
Senate; and
(ii) CONTENTS.—Each report submitted ments can most effectively mitigate the
(B) the Committee on Armed Services and
under clause (i) shall include, for the fiscal threats described in subsection (a), including
the Permanent Select Committee on Intel-
year covered by the report, the following: matters relating to the following:
ligence of the House of Representatives.
(I) Any funding commitments from foreign (A) Working with the technology and tele-
(2) FIVE EYES COUNTRY.—The term ‘‘Five
partners, including each specific amount communications industry to identify and im-
Eyes country’’ means any of the following:
committed. prove the security of consumer software and
(A) Australia.
(II) Governing criteria for use of the hardware used by United States persons and
(B) Canada.
amounts in the Multilateral Fund. persons inside the United States that is tar-
(C) New Zealand.
(III) An account of— geted by commercial cyber intrusion and
(D) The United Kingdom.
(aa) how, and to whom, funds have been de- surveillance software.
(E) The United States.
ployed; (B) Export controls.
(b) REPORT REQUIRED.—Not later than 90
(bb) amounts remaining in the Multilat- (C) Diplomatic pressure.
days after the date of the enactment of this
eral Fund; and (D) Trade agreements.
Act, the Director of the Central Intelligence
(cc) the progress of the Director and the (c) FORM.—The report submitted under
Agency, the Director of the National Secu-
Secretary in meeting the objective described subsection (a) shall be submitted in unclassi-
rity Agency, and the Director of the Defense
in subparagraph (B)(i). fied form, but may include a classified
Intelligence Agency shall jointly submit to
(IV) Such recommendations for legislative annex.
the appropriate committees of Congress a re-
or administrative action as the Director and
port on attempts by foreign adversaries to SEC. 504. REPORTS ON RECOMMENDATIONS OF
the Secretary may have to enhance the effec-
build telecommunications and cybersecurity THE CYBERSPACE SOLARIUM COM-
tiveness of the Multilateral Fund in achiev- MISSION.
equipment and services for, or to provide
ing the security goals of the United States.
such equipment and services to, Five Eyes (a) APPROPRIATE COMMITTEES OF CON-
(3) AUTHORIZATION OF APPROPRIATIONS.—
countries. GRESS.—In this section, the term ‘‘appro-
(A) COMMUNICATIONS TECHNOLOGY SECURITY
(c) ELEMENTS.—The report submitted priate committees of Congress’’ means—
AND INNOVATION FUND.—There is authorized
under subsection (b) shall include the fol- (1) the Committee on Armed Services, the
to be appropriated to carry out paragraph (1)
lowing: Select Committee on Intelligence, the Com-
$750,000,000 for the period of fiscal years 2021
(1) An assessment of United States intel- mittee on Homeland Security and Govern-
through 2031.
ligence sharing and intelligence and military mental Affairs, the Committee on Com-
(B) MULTILATERAL TELECOMMUNICATIONS
force posture in any Five Eyes country that merce, Science, and Transportation, and the
SECURITY FUND.—There is authorized to be
currently uses or intends to use tele- Committee on Energy and Natural Resources
appropriated to carry out paragraph (2)
communications or cybersecurity equipment of the Senate; and
$750,000,000 for the period of fiscal years 2021
or services provided by a foreign adversary of (2) the Committee on Armed Services, the
through 2031.
the United States, including China and Rus- Permanent Select Committee on Intel-
(c) EXPOSING POLITICAL PRESSURE IN INTER- sia. ligence, the Committee on Homeland Secu-
NATIONAL STANDARDS-SETTING BODIES THAT (2) A description and assessment of mitiga- rity, the Committee on Science, Space, and
SET STANDARDS FOR FIFTH-GENERATION WIRE- tion of any potential compromises or risks Technology, and the Committee on Energy
LESS NETWORKS.— for any circumstance described in paragraph and Commerce of the House of Representa-
(1) REPORT REQUIRED.— (1). tives.
(A) IN GENERAL.—Not later than 120 days (d) FORM.—The report required by sub-
after the date of the enactment of this Act, (b) REPORTS REQUIRED.—Not later than 180
section (b) shall include an unclassified exec-
the Director of National Intelligence shall days after the date of the enactment of this
utive summary, and may include a classified
submit to the appropriate committees of Act, each head of an agency described in sub-
annex.
Congress a report on political pressure with- section (c) shall submit to the appropriate
SEC. 503. REPORT ON THREATS POSED BY USE BY
in international forums that set standards committees of Congress a report on the rec-
FOREIGN GOVERNMENTS AND ENTI-
for fifth-generation wireless networks and TIES OF COMMERCIALLY AVAILABLE ommendations included in the report issued
for future generations of wireless networks, CYBER INTRUSION AND SURVEIL- by the Cyberspace Solarium Commission
including— LANCE TECHNOLOGY. under section 1652(k) of the John S. McCain
(i) the International Telecommunication (a) REPORT REQUIRED.—Not later than 180 National Defense Authorization Act for Fis-
Union (ITU); days after the date of the enactment of this cal Year 2019 (Public Law 115–232).
SSpencer on DSK126QN23PROD with SENATE
(ii) the International Organization for Act, the Director of National Intelligence (c) AGENCIES DESCRIBED.—The agencies de-
Standardization (ISO); shall submit to the congressional intel- scribed in this subsection are the following:
(iii) the Inter-American Telecommuni- ligence committees a report on the threats (1) The Office of the Director of National
cation Commission (CITEL); and posed by the use by foreign governments and Intelligence.
(iv) the voluntary standards organizations entities of commercially available cyber in- (2) The Department of Homeland Security.
that develop protocols for wireless devices trusion and other surveillance technology. (3) The Department of Energy.
and other equipment, such as the 3rd Genera- (b) CONTENTS.—The report required by sub- (4) The Department of Commerce.
tion Partnership Project (3GPP) and the In- section (a) shall include the following: (5) The Department of Defense.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3353
(d) CONTENTS.—Each report submitted ices, the Committee on Financial Services, (A) in the section heading, by striking
under subsection (b) by the head of an agen- and the Committee on Foreign Affairs of the ‘‘COMMUNIST PARTY OF CHINA’’ and inserting
cy described in subsection (c) shall include House of Representatives. ‘‘CHINESE COMMUNIST PARTY’’; and
the following: (2) IN GENERAL.—Not later than 180 days (B) by striking ‘‘Communist Party of
(1) An evaluation of the recommendations after the date of the enactment of this Act, China’’ both places it appears and inserting
in the report described in subsection (b) that the Director shall submit to the appropriate ‘‘Chinese Communist Party’’; and
the agency identifies as pertaining directly committees of Congress a report on the find- (2) in the table of contents before section 2
to the agency. ings of the Director with respect to the as- (50 U.S.C. 3002), by striking the item relating
(2) A description of the actions taken, or sessment completed under subsection (a). to section 1107 and inserting the following
the actions that the head of the agency may (3) FORM.—The report submitted under new item:
consider taking, to implement any of the paragraph (2) shall be submitted in unclassi- ‘‘Sec. 1107. Annual reports on influence oper-
recommendations (including a comprehen- fied form, but may include a classified ations and campaigns in the
sive estimate of requirements for appropria- annex. United States by the Chinese
tions to take such actions). SEC. 506. COMBATING CHINESE INFLUENCE OP- Communist Party.’’.
SEC. 505.
ASSESSMENT OF CRITICAL TECH- ERATIONS IN THE UNITED STATES
NOLOGY TRENDS RELATING TO AR- SEC. 507. ANNUAL REPORT ON CORRUPT ACTIVI-
AND STRENGTHENING CIVIL LIB-
TIFICIAL INTELLIGENCE, TIES OF SENIOR OFFICIALS OF THE
ERTIES PROTECTIONS.
MICROCHIPS, AND SEMICONDUC- CHINESE COMMUNIST PARTY.
(a) UPDATES TO ANNUAL REPORTS ON INFLU-
TORS AND RELATED SUPPLY
ENCE OPERATIONS AND CAMPAIGNS IN THE
(a) DEFINITION OF APPROPRIATE COMMIT-
CHAINS. TEES OF CONGRESS.—In this section, the term
UNITED STATES BY THE CHINESE COMMUNIST
(a) ASSESSMENT REQUIRED.—Not later than ‘‘appropriate committees of Congress’’
PARTY.—Section 1107(b) of the National Se-
180 days after the date of the enactment of means—
curity Act of 1947 (50 U.S.C. 3237(b)) is
this Act, the Director of National Intel- (1) the Committee on Banking, Housing,
amended—
ligence shall complete a detailed assessment and Urban Affairs, the Committee on Fi-
(1) by redesignating paragraph (8) as para-
of critical technology trends relating to arti- nance, the Committee on Foreign Relations,
ficial intelligence, microchips, and semi- graph (9); and
(2) by inserting after paragraph (7) the fol- and the Select Committee on Intelligence of
conductors and related supply chains. the Senate; and
(b) ELEMENTS.—The assessment required lowing:
‘‘(8) An identification of influence activi- (2) the Committee on Financial Services,
by subsection (a) shall include the following: the Committee on Foreign Affairs, the Com-
(1) EXPORT CONTROLS.— ties and operations employed by the Chinese
Communist Party against the United States mittee on Ways and Means, and the Perma-
(A) IN GENERAL.—An assessment of efforts nent Select Committee on Intelligence of the
by partner countries to enact and implement science and technology sectors, specifically
employees of the United States Government, House of Representatives.
export controls and other technology trans- (b) ANNUAL REPORT REQUIRED.—
fer measures with respect to artificial intel- researchers, scientists, and students in the
science and technology sector in the United (1) IN GENERAL.—Not later than 90 days
ligence, microchips, advanced manufacturing after the date of the enactment of this Act,
equipment, and other artificial intelligence States.’’.
(b) PLAN FOR FEDERAL BUREAU OF INVES- and annually thereafter through 2025, the Di-
enabled technologies critical to United
TIGATION TO INCREASE PUBLIC AWARENESS rector of the Central Intelligence Agency
States supply chains.
AND DETECTION OF INFLUENCE ACTIVITIES BY shall submit to the appropriate committees
(B) IDENTIFICATION OF OPPORTUNITIES FOR
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC of Congress a report on the corruption and
COOPERATION.—The assessment under sub-
OF CHINA.— corrupt activities of senior officials of the
paragraph (A) shall identify opportunities
(1) PLAN REQUIRED.—Not later than 90 days Chinese Communist Party.
for further cooperation with international
after the date of the enactment of this Act, (2) ELEMENTS.—
partners on a multilateral and bilateral basis
the Director of the Federal Bureau of Inves- (A) IN GENERAL.—Each report under para-
to strengthen export control regimes and ad-
tigation shall submit to the congressional graph (1) shall include the following:
dress technology transfer threats.
(2) SEMICONDUCTOR SUPPLY CHAINS.— intelligence committees a plan— (i) A description of the wealth of, and cor-
(A) IN GENERAL.—An assessment of global (A) to increase public awareness of influ- ruption and corrupt activities among, senior
semiconductor supply chains, including ence activities by the Government of the officials of the Chinese Communist Party.
areas to reduce United States vulnerabilities People’s Republic of China; and (ii) A description of any recent actions of
and maximize points of leverage. (B) to publicize mechanisms that members the officials described in clause (i) that could
(B) ANALYSIS OF POTENTIAL EFFECTS.—The of the public can use— be considered a violation, or potential viola-
assessment under subparagraph (A) shall in- (i) to detect such activities; and tion, of United States law.
clude an analysis of the potential effects of (ii) to report such activities to the Bureau. (iii) A description and assessment of tar-
significant geopolitical shifts, including (2) CONSULTATION.—In carrying out para- geted financial measures, including potential
those related to Taiwan. graph (1), the Director shall consult with the targets for designation of the officials de-
(C) IDENTIFICATION OF OPPORTUNITIES FOR following: scribed in clause (i) for the corruption and
DIVERSIFICATION.—The assessment under sub- (A) The Director of the Office of Science corrupt activities described in that clause
paragraph (A) shall also identify opportuni- and Technology Policy. and for the actions described in clause (ii).
ties for diversification of United States sup- (B) Such other stakeholders outside the in- (B) SCOPE OF REPORTS.—The first report
ply chains, including an assessment of cost, telligence community, including professional under paragraph (1) shall include comprehen-
challenges, and opportunities to diversify associations, institutions of higher edu- sive information on the matters described in
manufacturing capabilities on a multi- cation, businesses, and civil rights and subparagraph (A). Any succeeding report
national basis. multicultural organizations, as the Director under paragraph (1) may consist of an update
(3) COMPUTING POWER.—An assessment of determines relevant. or supplement to the preceding report under
trends relating to computing power and the (c) RECOMMENDATIONS OF THE FEDERAL BU- that subsection.
effect of such trends on global artificial in- REAU OF INVESTIGATION TO STRENGTHEN RE- (3) COORDINATION.—In preparing each re-
telligence development and implementation, LATIONSHIPS AND BUILD TRUST WITH COMMU- port, update, or supplement under this sub-
in consultation with the Director of the In- NITIES OF INTEREST.— section, the Director of the Central Intel-
telligence Advanced Research Projects Ac- (1) IN GENERAL.—The Director of the Fed- ligence Agency shall coordinate as follows:
tivity, the Director of the Defense Advanced eral Bureau of Investigation, in consultation (A) In preparing the description required
Research Projects Agency, and the Director with the Assistant Attorney General for the by clause (i) of paragraph (2)(A), the Director
of the National Institute of Standards and Civil Rights Division and the Chief Privacy of the Central Intelligence Agency shall co-
Technology, including forward-looking as- and Civil Liberties Officer of the Department ordinate with the head of the Office of Intel-
sessments of how computing resources may of Justice, shall develop recommendations to ligence and Analysis of the Department of
affect United States national security, inno- strengthen relationships with communities the Treasury and the Director of the Federal
vation, and implementation relating to arti- targeted by influence activities of the Gov- Bureau of Investigation.
ficial intelligence. ernment of the People’s Republic of China (B) In preparing the descriptions required
(c) REPORT.— and build trust with such communities by clauses (ii) and (iii) of such paragraph, the
(1) DEFINITION OF APPROPRIATE COMMITTEES through local and regional grassroots out- Director of the Central Intelligence Agency
OF CONGRESS.—In this subsection, the term reach. shall coordinate with the head of the Office
‘‘appropriate committees of Congress’’ (2) SUBMITTAL TO CONGRESS.—Not later of Intelligence and Analysis of the Depart-
SSpencer on DSK126QN23PROD with SENATE
means— than 1 year after the date of the enactment ment of the Treasury.
(A) the Select Committee on Intelligence, of this Act, the Director shall submit to Con- (4) FORM.—Each report under paragraph (1)
the Committee on Armed Services, the Com- gress the recommendations developed under shall include an unclassified executive sum-
mittee on Banking, Housing, and Urban Af- paragraph (1). mary, and may include a classified annex.
fairs, and the Committee on Foreign Rela- (d) TECHNICAL CORRECTIONS.—The National (c) SENSE OF CONGRESS.—It is the sense of
tions of the Senate; and Security Act of 1947 (50 U.S.C. 3001 et seq.) is Congress that the United States should un-
(B) the Permanent Select Committee on amended— dertake every effort and pursue every oppor-
Intelligence, the Committee on Armed Serv- (1) in section 1107 (50 U.S.C. 3237)— tunity to expose the corruption and illicit
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S3354 CONGRESSIONAL RECORD — SENATE June 25, 2020
practices of senior officials of the Chinese section (c)(1)(D) in each report under sub- international, national, or private health or-
Communist Party, including President Xi section (b) shall be submitted in unclassified ganizations conducting research relating to
Jinping. form. the novel coronavirus or operating in re-
SEC. 508. REPORT ON CORRUPT ACTIVITIES OF SEC. 509. REPORT ON BIOSECURITY RISK AND sponse to the pandemic.
RUSSIAN AND OTHER EASTERN EU- DISINFORMATION BY THE CHINESE (7) Efforts to control, restrict, or manipu-
ROPEAN OLIGARCHS. COMMUNIST PARTY AND THE GOV- late relevant segments of global supply
(a) DEFINITION OF APPROPRIATE COMMIT- ERNMENT OF THE PEOPLE’S REPUB- chains, particularly in the sale, trade, or
TEES OF CONGRESS.—In this section, the term LIC OF CHINA.
provision of relevant medicines, medical sup-
‘‘appropriate committees of Congress’’ (a) DEFINITIONS.—In this section:
plies, or medical equipment as a result of the
means— (1) APPROPRIATE COMMITTEES OF CON-
pandemic.
(1) the Committee on Banking, Housing, GRESS.—The term ‘‘appropriate committees
(8) Efforts to advance the economic, intel-
and Urban Affairs, the Committee on Fi- of Congress’’ means—
ligence, national security, and political ob-
nance, the Committee on Foreign Relations, (A) the Select Committee on Intelligence,
jectives of the Government of China by ex-
and the Select Committee on Intelligence of the Committee on Armed Services, the Com-
ploiting vulnerabilities of foreign govern-
the Senate; and mittee on Foreign Relations, the Committee
ments, economies, and companies under fi-
(2) the Committee on Financial Services, on Health, Education, Labor, and Pensions,
nancial duress as a result of the pandemic or
the Committee on Foreign Affairs, the Com- and the Committee on Homeland Security
to accelerate economic espionage and intel-
mittee on Ways and Means, and the Perma- and Governmental Affairs of the Senate; and
lectual property theft.
nent Select Committee on Intelligence of the (B) the Permanent Select Committee on
(9) Efforts to exploit the disruption of the
House of Representatives. Intelligence, the Committee on Armed Serv-
pharmaceutical and telecommunications in-
(b) REPORT REQUIRED.—Not later than 100 ices, the Committee on Energy and Com-
dustries as well as other industries tied to
days after the date of the enactment of this merce, the Committee on Foreign Affairs,
critical infrastructure and bilateral trade be-
Act, the Director of the Central Intelligence and the Committee on Homeland Security of
tween China and the United States and be-
Agency shall submit to the appropriate com- the House of Representatives.
tween China and allies and partners of the
mittees of Congress and the Undersecretary (2) CRITICAL INFRASTRUCTURE.—The term
United States in order to advance the eco-
of State for Public Diplomacy and Public Af- ‘‘critical infrastructure’’ has the meaning
nomic and political objectives of the Govern-
fairs a report on the corruption and corrupt given such term in section 1016(e) of the
ment of China following the pandemic.
activities of Russian and other Eastern Eu- Uniting and Strengthening America by Pro-
(d) FORM.—The report required under sub-
ropean oligarchs. viding Appropriate Tools Required to Inter-
(c) ELEMENTS.— section (b) shall be submitted in unclassified
cept and Obstruct Terrorism (USA PATRIOT
(1) IN GENERAL.—Each report under sub- form, but may include a classified annex.
ACT) Act of 2001 (42 U.S.C. 5195c(e)).
section (b) shall include the following: (b) REPORT REQUIRED.—Not later than 90 SEC. 510. REPORT ON EFFECT OF LIFTING OF
(A) A description of corruption and corrupt days after the date of the enactment of this UNITED NATIONS ARMS EMBARGO
ON ISLAMIC REPUBLIC OF IRAN.
activities among Russian and other Eastern Act, the Director of National Intelligence
European oligarchs who support the Govern- shall submit to the appropriate committees (a) DEFINITION OF APPROPRIATE COMMIT-
ment of the Russian Federation, including of Congress a report identifying whether and TEES OF CONGRESS.—In this section, the term
estimates of the total assets of such how officials of the Chinese Communist ‘‘appropriate committees of Congress’’
oligarchs. Party and the Government of the People’s means—
(B) An assessment of the impact of the cor- Republic of China may have sought— (1) the Select Committee on Intelligence,
ruption and corrupt activities described pur- (1) to suppress information about— the Committee on Armed Services, and the
suant to subparagraph (A) on the economy (A) the outbreak of the novel coronavirus Committee on Foreign Relations of the Sen-
and citizens of Russia. in Wuhan; ate; and
(C) A description of any connections to, or (B) the spread of the virus through China; (2) the Permanent Select Committee on In-
support of, organized crime, drug smuggling, and telligence, the Committee on Armed Serv-
or human trafficking by an oligarch covered (C) the transmission of the virus to other ices, and the Committee on Foreign Affairs
by subparagraph (A). countries; of the House of Representatives.
(D) A description of any information that (2) to spread disinformation relating to the (b) REPORT REQUIRED.—Not later than 90
reveals corruption and corrupt activities in pandemic; or days after the date of the enactment of this
Russia among oligarchs covered by subpara- (3) to exploit the pandemic to advance Act, the Director of the Defense Intelligence
graph (A). their national security interests. Agency, in consultation with such heads of
(E) A description and assessment of poten- (c) ASSESSMENTS.—The report required by other elements of the intelligence commu-
tial sanctions actions that could be imposed subsection (b) shall include assessments of nity as the Director considers appropriate,
upon oligarchs covered by subparagraph (A) reported actions and the effect of those ac- shall submit to the appropriate committees
who support the leadership of the Govern- tions on efforts to contain the novel of Congress a report on—
ment of Russia, including President Vladi- coronavirus pandemic, including each of the (1) the plans of the Government of the Is-
mir Putin. following: lamic Republic of Iran to acquire military
(2) SCOPE OF REPORTS.—The first report (1) The origins of the novel coronavirus arms if the ban on arms transfers to or from
under subsection (a) shall include com- outbreak, the time and location of initial in- such government under United Nations Secu-
prehensive information on the matters de- fections, and the mode and speed of early rity Council resolutions are lifted; and
scribed in paragraph (1). Any succeeding re- viral spread. (2) the effect such arms acquisitions may
port under subsection (a) may consist of an (2) Actions taken by the Government of have on regional security and stability.
update or supplement to the preceding report China to suppress, conceal, or misinform the (c) CONTENTS.—The report submitted under
under that subsection. people of China and those of other countries subsection (b) shall include assessments re-
(d) COORDINATION.—In preparing each re- about the novel coronavirus outbreak in lating to plans of the Government of the Is-
port, update, or supplement under this sec- Wuhan. lamic Republic of Iran to acquire additional
tion, the Director of the Central Intelligence (3) The effect of disinformation or the fail- weapons, the intention of other countries to
Agency shall coordinate as follows: ure of the Government of China to fully dis- provide such weapons, and the effect such ac-
(1) In preparing the assessment and de- close details of the outbreak on response ef- quisition and provision would have on re-
scriptions required by subparagraphs (A) forts of local governments in China and gional stability, including with respect to
through (D) of subsection (c)(1), the Director other countries. each of the following:
of the Central Intelligence Agency shall co- (4) Diplomatic, political, economic, intel- (1) The type and quantity of weapon sys-
ordinate with the head of the Office of Intel- ligence, or other pressure on other countries tems under consideration for acquisition.
ligence and Analysis of the Department of and international organizations to conceal (2) The countries of origin of such systems.
the Treasury and the Director of the Federal information about the spread of the novel (3) Likely reactions of other countries in
Bureau of Investigation. coronavirus and the response of the Govern- the region to such acquisition, including the
(2) In preparing the description and assess- ment of China to the contagion, as well as to potential for proliferation by other countries
ment required by subparagraph (E) of such influence or coerce early responses to the in response.
subsection, the Director of the Central Intel- pandemic by other countries. (4) The threat that such acquisition could
ligence Agency shall coordinate with the (5) Efforts by officials of the Government present to international commerce and en-
head of the Office of Intelligence and Anal- of China to deny access to health experts and ergy supplies in the region, and the potential
SSpencer on DSK126QN23PROD with SENATE
ysis of the Department of the Treasury. international health organizations to af- implications for the national security of the
(e) FORM.— flicted individuals in Wuhan, pertinent areas United States.
(1) IN GENERAL.—Subject to paragraph (2), of the city, or laboratories of interest in (5) The threat that such acquisition could
each report under subsection (b) shall in- China, including the Wuhan Institute of Vi- present to the Armed Forces of the United
clude an unclassified executive summary, rology. States, of countries allied with the United
and may include a classified annex. (6) Efforts by the Government of China, or States, and of countries partnered with the
(2) UNCLASSIFIED FORM OF CERTAIN INFOR- those acting at its direction or with its as- United States stationed in or deployed in the
MATION.—The information described in sub- sistance, to conduct cyber operations against region.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3355
(6) The potential that such acquisition propriations for fiscal year 2021 for (2) a description of steps being taken by
could be used to deliver chemical, biological, military activities of the Department the host nation to mitigate any potential
or nuclear weapons. of Defense, for military construction, risks to the weapon systems, military units,
(7) The potential for the Government of the and for defense activities of the De- or personnel, and the Department of De-
Islamic Republic of Iran to proliferate weap- fense’s assessment of those efforts;
ons acquired in the absence of an arms em-
partment of Energy, to prescribe mili- (3) a description of steps being taken by
bargo to regional groups, including Shi’a mi- tary personnel strengths for such fiscal the United States Government to mitigate
litia groups backed by such government. year, and for other purposes; which was any potential risks to the weapon systems,
(d) FORM.—The report submitted under ordered to lie on the table; as follows: military units, or personnel; and
subsection (b) shall be submitted in unclassi- At the end of subtitle E of title V, add the (4) a description of any defense mutual
fied form, but may include a classified following: agreements between the host nation and the
annex. SEC. 549. REPORT ON PERFORMANCE AT THE United States intended to allay the costs of
SEC. 511. REPORT ON IRANIAN ACTIVITIES RE- MILITARY SERVICE ACADEMIES OF risk mitigation posed by the at-risk infra-
LATING TO NUCLEAR NON- CADETS AND MIDSHIPMEN WITH structure.
PROLIFERATION. PREVIOUS FAMILIAL AFFILIATION (b) APPLICABILITY.—The conditions in sub-
WITH THE MILITARY.
(a) DEFINITION OF APPROPRIATE COMMIT- section (a) apply to the permanent long-term
TEES OF CONGRESS.—In this section, the term
(a) REPORT REQUIRED.—Not later than one stationing of equipment and personnel, and
year after the date of the enactment of this do not apply to short-term deployments or
‘‘appropriate committees of Congress’’
Act, the Secretary of Defense shall submit to
means— rotational presence to military installations
the Committees on Armed Services of the
(1) the Select Committee on Intelligence, outside the United States in connection with
Senate and the House of Representatives a
the Committee on Armed Services, and the exercises, dynamic force employment, con-
report setting forth the results of a study,
Committee on Foreign Relations of the Sen- tingency operations, or combat operations.
conducted by the Secretary for purposes of
ate; and (c) REPORT.—Not later than one year after
the report, of the performance at the mili-
(2) the Permanent Select Committee on In- the date of the enactment of this Act, the
tary service academies of cadets and mid-
telligence, the Committee on Armed Serv- Secretary of Defense shall submit to the con-
shipmen who have a familial affiliation with
ices, and the Committee on Foreign Affairs the military before their time at the mili- gressional defense committees a report that
of the House of Representatives. tary service academies. contains an assessment of—
(b) REPORT REQUIRED.—Not later than 90 (b) SCOPE OF STUDY.—The study required (1) the risk to personnel, equipment, and
days after the date of the enactment of this for purposes of the report under subsection operations of the Department of Defense in
Act, the Director of National Intelligence (a) shall cover the incoming classes at the host countries posed by the current or in-
shall submit to the appropriate committees military service academies for the last 10 tended use by such countries of 5G or 6G
of Congress a report assessing— academic years beginning before the date of telecommunications architecture provided
(1) any relevant activities potentially re- the enactment of this Act. by at-risk vendors; and
lating to nuclear weapons research and de- (c) ELEMENTS.—The report shall include a (2) measures required to mitigate the risk
velopment by the Islamic Republic of Iran; comprehensive description, assessment, and described in paragraph (1), including the
and comparison of recruitment, admission, and merit and feasibility of the relocation of cer-
(2) any relevant efforts to afford or deny performance at, and graduation from, the tain personnel or equipment of the Depart-
international access in accordance with military service academies, and of post-grad- ment to another location without the pres-
international nonproliferation agreements. uate career achievement, within and among ence of 5G or 6G telecommunications archi-
(c) ASSESSMENTS.—The report required by each population as follows: tecture provided by at-risk vendors.
subsection (b) shall include assessments, for (1) Children of a general and flag officer. (d) FORM.—The report required by sub-
the period beginning on January 1, 2018, and (2) Children of an alumnus of a military section (c) shall be submitted in a classified
ending on the date of the submittal of the re- service academy. form with an unclassified summary.
port, of the following: (3) Children of a veteran. Strike section 1273.
(1) Activities to research, develop, or en- (4) Children of parents without military
rich uranium or reprocess plutonium with service. SA 1819. Mr. RISCH (for himself, Ms.
the intent or capability of creating weapons- CORTEZ MASTO, Mr. KENNEDY, Ms.
grade nuclear material. SA 1818. Mr. COTTON (for himself ROSEN, Mrs. CAPITO, and Mr. CRAPO)
(2) Research, development, testing, or de- and Mr. KAINE) submitted an amend- submitted an amendment intended to
sign activities that could contribute to or in- ment intended to be proposed by him be proposed by him to the bill S. 4049,
form construction of a device intended to to the bill S. 4049, to authorize appro- to authorize appropriations for fiscal
initiate or capable of initiating a nuclear ex- priations for fiscal year 2021 for mili- year 2021 for military activities of the
plosion. tary activities of the Department of Department of Defense, for military
(3) Efforts to receive, transmit, store, de- Defense, for military construction, and
stroy, relocate, archive, or otherwise pre- construction, and for defense activities
for defense activities of the Depart- of the Department of Energy, to pre-
serve research, processes, products, or ena-
bling materials relevant or relating to any
ment of Energy, to prescribe military scribe military personnel strengths for
efforts assessed under paragraph (1) or (2). personnel strengths for such fiscal such fiscal year, and for other pur-
(4) Efforts to afford or deny international year, and for other purposes; which was poses; which was ordered to lie on the
access, in accordance with international ordered to lie on the table; as follows: table; as follows:
nonproliferation agreements, to locations, Strike section 1046 and insert the fol- At the appropriate place in subtitle E of
individuals, and materials relating to activi- lowing: title VIII, insert the following:
ties described in paragraph (1), (2), or (3). SEC. 1046. CONDITIONS FOR PERMANENTLY BAS-
SEC. ll. FEDERAL AND STATE TECHNOLOGY
(d) FORM.—The report required under sub- ING UNITED STATES EQUIPMENT OR
PARTNERSHIP PROGRAM.
section (b) shall be submitted in unclassified ADDITIONAL MILITARY UNITS IN
HOST COUNTRIES WITH AT-RISK Section 34 of the Small Business Act (15
form, but may include a classified annex. U.S.C. 657d) is amended—
VENDORS IN 5G OR 6G NETWORKS.
SEC. 512. SENSE OF CONGRESS ON THIRD OPTION (1) in subsection (a), by adding at the end
FOUNDATION.
(a) IN GENERAL.—Prior to a decision for
basing a major weapon system or an addi- the following:
It is the sense of the Congress that— ‘‘(11) UNDERPERFORMING STATE.—The term
tional military unit comparable to or larger
(1) the work of the Third Option Founda- ‘underperforming State’ means a State par-
than a battalion, squadron, or naval combat-
tion to heal, help, and honor members of the ticipating in the SBIR or STTR program
ant for permanent basing to a host nation
special operations community of the Central with at-risk 5th generation (5G) or sixth gen- that has been calculated by the Adminis-
Intelligence Agency and their families is in- eration (6G) wireless network equipment, trator to be one of 18 States receiving the
valuable; and software, and services, including the use of fewest SBIR and STTR Phase I awards.’’;
(2) the Director of the Central Intelligence telecommunications equipment, software, (2) in subsection (c)—
Agency should work closely with the Third and services provided by vendors such as (A) in paragraph (1)—
Option Foundation in implementing section Huawei and ZTE, where United States mili- (i) in subparagraph (E)—
19A of the Central Intelligence Agency Act of tary personnel and their families will be di- (I) in clause (iii), by striking ‘‘and’’ at the
1949 (50 U.S.C. 3519b), as added by section 6412 rectly connected or subscribers to networks end;
SSpencer on DSK126QN23PROD with SENATE
of the Damon Paul Nelson and Matthew that include such at-risk equipment, soft- (II) in clause (iv), by striking the period at
Young Pollard Intelligence Authorization ware, and services in their official duties or the end and inserting ‘‘; and’’; and
Act for Fiscal Years 2018, 2019, and 2020 (Pub- in the conduct of personal affairs, the Sec- (III) by adding at the end the following:
lic Law 116–92). retary of Defense shall provide a certifi- ‘‘(v) to prioritize applicants located in an
cation to Congress that includes— underperforming State.’’;
SA 1817. Mr. YOUNG submitted an (1) an acknowledgment by the host nation (B) in paragraph (2)—
amendment intended to be proposed by of the risk posed by the network architec- (i) in subparagraph (B)(vi), by amending
him to the bill S. 4049, to authorize ap- ture; subclause (III) to read as follows:
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S3356 CONGRESSIONAL RECORD — SENATE June 25, 2020
‘‘(III) located in an underperforming (ii) in the matter preceding subparagraph dent under section 401 of the Robert T. Staf-
State;’’; (A), by striking ‘‘annual’’ and inserting ‘‘bi- ford Disaster Relief and Emergency Assist-
(ii) in subparagraph (C), by striking the pe- ennial’’; ance Act (42 U.S.C. 5170) in a rural area;
riod at the end and inserting ‘‘; and’’; and (iii) in subparagraph (B), by striking ‘‘and’’ ‘‘(ii) each request for assistance made by
(iii) by adding at the end the following: at the end; the Governor of a State under subparagraph
‘‘(D) shall give first priority and special (iv) in subparagraph (C), by striking the (B)(i) and the response of the Administrator,
consideration to an applicant that is located period at the end and inserting a semicolon; including the timeline for each response; and
in an underperforming State.’’; and ‘‘(iii) any regulatory changes that will im-
(C) in paragraph (3), by striking ‘‘Not more (v) by adding at the end the following: pact the ability of communities in rural
than one proposal’’ and inserting ‘‘There is ‘‘(D) the proportion of awards provided to areas to obtain disaster assistance under this
no limit on the number of proposals that’’; and cooperative agreements entered into subsection.’’.
and with underperforming States; and (b) REGULATIONS.—Not later than 120 days
(D) by adding at the end the following: ‘‘(E) a list of the States that were deter- after the date of enactment of this Act, the
‘‘(6) ADDITIONAL ASSISTANCE FOR UNDERPER- mined by the Administrator to be underper- Administrator of the Small Business Admin-
FORMING STATES.—Upon application by a re- forming States, and a description of any istration shall issue regulations to carry out
cipient that is located in an underperforming changes in the list compared to previously the amendment made by subsection (a).
State, the Administrator may— submitted reports.’’; (c) GAO REPORT.—
‘‘(A) provide additional assistance to the (5) in subsection (g)(2)— (1) DEFINITION OF RURAL AREA.—In this sub-
recipient; and (A) by striking ‘‘2004’’ and inserting ‘‘2021’’; section, the term ‘‘rural area’’ means an area
‘‘(B) waive the matching requirements and with a population of less than 200,000 outside
under subsection (e)(2).’’; (B) by inserting ‘‘and Entrepreneurship’’ an urbanized area.
(3) in subsection (e)— before ‘‘of the Senate’’; and (2) REPORT.—Not later than 120 days after
(A) in paragraph (2)— (6) in subsection (h)(1), by striking the date of enactment of this Act, the Comp-
(i) in subparagraph (A)— ‘‘$10,000,000 for each of fiscal years 2001 troller General of the United States shall
(I) by inserting ‘‘and STTR’’ before ‘‘first through 2005’’ and inserting ‘‘$20,000,000 for submit to the Committee on Small Business
phase’’ each place that term appears; every 2 fiscal years between fiscal years 2021 and Entrepreneurship of the Senate and the
(II) in clause (i), by striking ‘‘50’’ and in- through 2025, to be obligated before the end Committee on Small Business of the House
serting ‘‘25’’; of the second fiscal year’’. of Representatives a report on—
(III) in clause (ii), by striking ‘‘1 dollar’’ (A) any unique challenges that commu-
and inserting ‘‘75 cents’’; and SA 1820. Mr. RISCH (for himself and nities in rural areas face compared to com-
(IV) in clause (iii), by striking ‘‘75’’ and in- Mrs. SHAHEEN) submitted an amend- munities in metropolitan areas when seeking
serting ‘‘50’’; and ment intended to be proposed by him to obtain disaster assistance under section
(ii) in subparagraph (D), by striking ‘‘, be- to the bill S. 4049, to authorize appro- 7(b) of the Small Business Act (15 U.S.C.
ginning with fiscal year 2001’’ and inserting priations for fiscal year 2021 for mili- 636(b)); and
‘‘and make publicly available on the website tary activities of the Department of (B) legislative recommendations for im-
of the Administration, beginning with fiscal proving access to disaster assistance for
year 2021’’; and
Defense, for military construction, and
for defense activities of the Depart- communities in rural areas.
(B) by adding at the end the following:
‘‘(4) AMOUNT OF AWARD.—In carrying out ment of Energy, to prescribe military SA 1821. Mr. VAN HOLLEN (for Mr.
the FAST program under this section— personnel strengths for such fiscal TOOMEY (for himself and Mr. VAN HOL-
‘‘(A) the Administrator shall make and year, and for other purposes; which was LEN)) proposed an amendment to the
enter into not less than 12 awards or cooper- ordered to lie on the table; as follows:
ative agreements; bill S. 3798, to impose sanctions with
At the appropriate place in subtitle E of
‘‘(B) each award or cooperative agreement respect to foreign persons involved in
title VIII, insert the following:
described in subparagraph (A) shall be for SEC. ll. DISASTER DECLARATION IN RURAL
the erosion of certain obligations of
not more than $500,000, which shall be pro- AREAS. China with respect to Hong Kong, and
vided over 2 fiscal years; and (a) IN GENERAL.—Section 7(b) of the Small for other purposes; as follows:
‘‘(C) any amounts left unused in the third Business Act (15 U.S.C. 636(b)) is amended by Strike all after the enacting clause and in-
quarter of the second fiscal year may be re- inserting after paragraph (15) the following: sert the following:
tained by the Administrator for future FAST ‘‘(16) DISASTER DECLARATION IN RURAL SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
program awards. AREAS.— (a) SHORT TITLE.—This Act may be cited as
‘‘(5) REPORTING.—Not later than 6 months ‘‘(A) DEFINITIONS.—In this paragraph— the ‘‘Hong Kong Autonomy Act’’.
after receiving an award or entering into a ‘‘(i) the term ‘rural area’ means an area (b) TABLE OF CONTENTS.—The table of con-
cooperative agreement under this section, a with a population of less than 200,000 outside tents for this Act is as follows:
recipient shall report to the Administrator— an urbanized area; and
‘‘(A) the number of awards made under the Sec. 1. Short title; table of contents.
‘‘(ii) the term ‘significant damage’ means, Sec. 2. Definitions.
SBIR or STTR program; with respect to property, uninsured losses of Sec. 3. Findings.
‘‘(B) the number of applications submitted not less than 40 percent of the estimated fair Sec. 4. Sense of Congress regarding Hong
for the SBIR or STTR program; replacement value or pre-disaster fair mar- Kong.
‘‘(C) the number of consulting hours spent; ket value of the damaged property, which- Sec. 5. Identification of foreign persons in-
‘‘(D) the number of training events con- ever is lower. volved in the erosion of the ob-
ducted; and ‘‘(B) DISASTER DECLARATION.—Notwith- ligations of China under the
‘‘(E) any issues encountered in the man- standing section 123.3(a) of title 13, Code of Joint Declaration or the Basic
agement and application of the FAST pro- Federal Regulations, or any successor regu- Law and foreign financial insti-
gram.’’; lation, the Administrator may declare a dis- tutions that conduct signifi-
(4) in subsection (f)— aster in a rural area for which a major dis- cant transactions with those
(A) in paragraph (1)— aster was declared by the President under persons.
(i) in the matter preceding subparagraph section 401 of the Robert T. Stafford Disaster Sec. 6. Sanctions with respect to foreign
(A)— Relief and Emergency Assistance Act (42 persons that contravene the ob-
(I) by striking ‘‘Not later than 120 days U.S.C. 5170) if— ligations of China under the
after the date of the enactment of the Small ‘‘(i) the Governor of the State in which the Joint Declaration or the Basic
Business Innovation Research Program Re- rural area is located requests such a declara- Law.
authorization Act of 2000’’ and inserting ‘‘De- tion; and Sec. 7. Sanctions with respect to foreign fi-
cember 31, 2020’’; and ‘‘(ii) any home, small business concern, nancial institutions that con-
(II) by inserting ‘‘and Entrepreneurship’’ private nonprofit organization, or small agri- duct significant transactions
before ‘‘of the Senate’’; cultural cooperative has incurred significant with foreign persons that con-
(ii) in subparagraph (B), by striking ‘‘and’’ damage in the rural area. travene the obligations of
at the end; ‘‘(C) SBA REPORT.—Not later than 120 days China under the Joint Declara-
(iii) in subparagraph (C), by striking the after the date of enactment of this Act, and tion or the Basic Law.
period at the end and inserting ‘‘; and’’; and every year thereafter, the Administrator Sec. 8. Waiver, termination, exceptions, and
SSpencer on DSK126QN23PROD with SENATE
(iv) by adding at the end the following: shall submit to the Committee on Small congressional review process.
‘‘(D) a description of the process used to Business and Entrepreneurship of the Senate Sec. 9. Implementation; penalties.
ensure that underperforming States are and the Committee on Small Business of the Sec. 10. Rule of construction.
given priority application status under the House of Representatives a report on, with SEC. 2. DEFINITIONS.
FAST program.’’; and respect to the 1-year period preceding sub- In this Act:
(B) in paragraph (2)— mission of the report— (1) ALIEN; NATIONAL; NATIONAL OF THE
(i) in the paragraph heading, by striking ‘‘(i) any economic injury that resulted UNITED STATES.—The terms ‘‘alien’’, ‘‘na-
‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; from a major disaster declared by the Presi- tional’’, and ‘‘national of the United States’’
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3357
have the meanings given those terms in sec- (4) Foremost among the obligations of the (H) The spokesman for the Standing Com-
tion 101 of the Immigration and Nationality Government of China to Hong Kong is the mittee of the National People’s Congress
Act (8 U.S.C. 1101). promise that, pursuant to Paragraph 3b of said, ‘‘Whether Hong Kong’s laws are con-
(2) APPROPRIATE CONGRESSIONAL COMMIT- the Joint Declaration, ‘‘the Hong Kong Spe- sistent with the Basic Law can only be
TEES AND LEADERSHIP.—The term ‘‘appro- cial Administrative Region will enjoy a high judged and decided by the National People’s
priate congressional committees and leader- degree of autonomy, except in foreign and Congress Standing Committee. No other au-
ship’’ means— defence affairs which are the responsibilities thority has the right to make judgments and
(A) the Committee on Armed Services, the of the Central People’s Government’’. decisions.’’.
Committee on Banking, Housing, and Urban (5) The obligation specified in Paragraph (10) Paragraph 3e of the Joint Declaration
Affairs, the Committee on Foreign Rela- 3b of the Joint Declaration is referenced, re- states, as reinforced by Article 5 of the Basic
tions, the Committee on Homeland Security inforced, and extrapolated on in several por- Law, that the ‘‘current social and economic
and Governmental Affairs, the Committee on tions of the Basic Law, including Articles 2, systems in Hong Kong will remain un-
the Judiciary, the Select Committee on In- 12, 13, 14, and 22. changed, as so will the life-style.’’.
telligence, and the majority leader and the (6) Article 22 of the Basic Law establishes (11) On multiple occasions, the Govern-
minority leader of the Senate; and that ‘‘No department of the Central People’s ment of China has undertaken actions that
(B) the Committee on Armed Services, the Government and no province, autonomous have contravened the letter or intent of the
Committee on Financial Services, the Com- region, or municipality directly under the obligation described in paragraph (10) of this
mittee on Foreign Affairs, the Committee on Central Government may interfere in the af- section, including the following:
Homeland Security, the Committee on the fairs which the Hong Kong Special Adminis- (A) In 2002, the Government of China pres-
Judiciary, the Permanent Select Committee trative Region administers on its own in ac- sured the Government of Hong Kong to in-
on Intelligence, and the Speaker and the mi- cordance with this Law.’’. troduce ‘‘patriotic’’ curriculum in primary
nority leader of the House of Representa- (7) The Joint Declaration and the Basic and secondary schools.
tives. Law make clear that additional obligations (B) The governments of China and Hong
(3) BASIC LAW.—The term ‘‘Basic Law’’ shall be undertaken by China to ensure the Kong proposed the prohibition of discussion
means the Basic Law of the Hong Kong Spe- ‘‘high degree of autonomy’’ of Hong Kong. of Hong Kong independence and self-deter-
cial Administrative Region of the People’s (8) Paragraph 3c of the Joint Declaration mination in primary and secondary schools,
Republic of China. states, as reinforced by Articles 2, 16, 17, 18, which infringes on freedom of speech.
(4) CHINA.—The term ‘‘China’’ means the 19, and 22 of the Basic Law, that Hong Kong (C) The Government of Hong Kong man-
People’s Republic of China. ‘‘will be vested with executive, legislative dated that Mandarin, and not the native lan-
(5) ENTITY.—The term ‘‘entity’’ means a and independent judicial power, including guage of Cantonese, be the language of in-
partnership, joint venture, association, cor- that of final adjudication’’. struction in Hong Kong schools.
poration, organization, network, group, or (9) On multiple occasions, the Government (D) The governments of China and Hong
subgroup, or any other form of business col- of China has undertaken actions that have Kong agreed to a daily quota of mainland
laboration. contravened the letter or intent of the obli- immigrants to Hong Kong, which is widely
(6) FINANCIAL INSTITUTION.—The term ‘‘fi- gation described in paragraph (8) of this sec- believed by citizens of Hong Kong to be part
nancial institution’’ means a financial insti- tion, including the following: of an effort to ‘‘mainlandize’’ Hong Kong.
(A) In 1999, the Standing Committee of the (12) Paragraph 3e of the Joint Declaration
tution specified in section 5312(a)(2) of title
National People’s Congress overruled a deci- states, as reinforced by Articles 4, 26, 27, 28,
31, United States Code.
sion by the Hong Kong Court of Final Appeal 29, 30, 31, 32 33, 34, and 39 of the Basic Law,
(7) HONG KONG.—The term ‘‘Hong Kong’’
on the right of abode. that the ‘‘rights and freedoms, including
means the Hong Kong Special Administra-
(B) On multiple occasions, the Government those of person, of speech, of the press, of as-
tive Region of the People’s Republic of
of Hong Kong, at the advice of the Govern- sembly, of association, of travel, of move-
China.
ment of China, is suspected to have not al- ment, of correspondence, of strike, of choice
(8) JOINT DECLARATION.—The term ‘‘Joint
lowed persons entry into Hong Kong alleg- of occupation, of academic research and of
Declaration’’ means the Joint Declaration of
edly because of their support for democracy religious belief will be ensured by law’’ in
the Government of the United Kingdom of
and human rights in Hong Kong and China. Hong Kong.
Great Britain and Northern Ireland and the (C) The Liaison Office of China in Hong (13) On multiple occasions, the Govern-
Government of the People’s Republic of Kong has, despite restrictions on inter- ment of China has undertaken actions that
China on the Question of Hong Kong, done at ference in the affairs of Hong Kong as de- have contravened the letter or intent of the
Beijing on December 19, 1984. tailed in Article 22 of the Basic Law— obligation described in paragraph (12) of this
(9) KNOWINGLY.—The term ‘‘knowingly’’, (i) openly expressed support for candidates section, including the following:
with respect to conduct, a circumstance, or a in Hong Kong for Chief Executive and Legis- (A) On February 26, 2003, the Government
result, means that a person has actual lative Council; of Hong Kong introduced a national security
knowledge of the conduct, the circumstance, (ii) expressed views on various policies for bill that would have placed restrictions on
or the result. the Government of Hong Kong and other in- freedom of speech and other protected rights.
(10) PERSON.—The term ‘‘person’’ means an ternal matters relating to Hong Kong; and (B) The Liaison Office of China in Hong
individual or entity. (iii) on April 17, 2020, asserted that both Kong has pressured businesses in Hong Kong
(11) UNITED STATES PERSON.—The term the Liaison Office of China in Hong Kong and not to advertise in newspapers and maga-
‘‘United States person’’ means— the Hong Kong and Macau Affairs Office of zines critical of the governments of China
(A) any citizen or national of the United the State Council ‘‘have the right to exercise and Hong Kong.
States; supervision . . . on affairs regarding Hong (C) The Hong Kong Police Force selec-
(B) any alien lawfully admitted for perma- Kong and the mainland, in order to ensure tively blocked demonstrations and protests
nent residence in the United States; correct implementation of the Basic Law’’. expressing opposition to the governments of
(C) any entity organized under the laws of (D) The National People’s Congress has China and Hong Kong or the policies of those
the United States or any jurisdiction within passed laws requiring Hong Kong to pass governments.
the United States (including a foreign laws banning disrespectful treatment of the (D) The Government of Hong Kong refused
branch of such an entity); or national flag and national anthem of China. to renew work visa for a foreign journalist,
(D) any person located in the United (E) The State Council of China released a allegedly for hosting a speaker from the
States. white paper on June 10, 2014, that stressed banned Hong Kong National Party.
SEC. 3. FINDINGS. the ‘‘comprehensive jurisdiction’’ of the Gov- (E) The Justice Department of Hong Kong
Congress makes the following findings: ernment of China over Hong Kong and indi- selectively prosecuted cases against leaders
(1) The Joint Declaration and the Basic cated that Hong Kong must be governed by of the Umbrella Movement, while failing to
Law clarify certain obligations and promises ‘‘patriots’’. prosecute police officers accused of using ex-
that the Government of China has made with (F) The Government of China has directed cessive force during the protests in 2014.
respect to the future of Hong Kong. operatives to kidnap and bring to the main- (F) On April 18, 2020, the Hong Kong Police
(2) The obligations of the Government of land, or is otherwise responsible for the kid- Force arrested 14 high-profile democracy ac-
China under the Joint Declaration were codi- napping of, residents of Hong Kong, includ- tivists and campaigners for their role in or-
fied in a legally-binding treaty, signed by the ing businessman Xiao Jianhua and book- ganizing a protest march that took place on
Government of the United Kingdom of Great seller Gui Minhai. August 18, 2019, in which almost 2,000,000 peo-
Britain and Northern Ireland and registered (G) The Government of Hong Kong, acting ple rallied against a proposed extradition
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with the United Nations. with the support of the Government of bill.
(3) The obligations of the Government of China, introduced an extradition bill that (14) Articles 45 and 68 of the Basic Law as-
China under the Basic Law originate from would have permitted the Government of sert that the selection of Chief Executive
the Joint Declaration, were passed into the China to request and enforce extradition re- and all members of the Legislative Council
domestic law of China by the National Peo- quests for any individual present in Hong of Hong Kong should be by ‘‘universal suf-
ple’s Congress, and are widely considered by Kong, regardless of the legality of the re- frage.’’.
citizens of Hong Kong as part of the de facto quest or the degree to which it compromised (15) On multiple occasions, the Govern-
legal constitution of Hong Kong. the judicial independence of Hong Kong. ment of China has undertaken actions that
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S3358 CONGRESSIONAL RECORD — SENATE June 25, 2020
have contravened the letter or intent of the State, in consultation with the Secretary of agency, and the Secretary of the Treasury,
obligation described in paragraph (14) of this the Treasury, to be involved in the con- determines that such disclosure could rea-
section, including the following: travention of the obligations of China under sonably be expected—
(A) In 2004, the National People’s Congress the Joint Declaration and the Basic Law and (A) to compromise the identity of a con-
created new, antidemocratic procedures re- the financial institutions transacting with fidential source, including a State, local, or
stricting the adoption of universal suffrage those foreign persons; foreign agency or authority or any private
for the election of the Chief Executive of (4) the Secretary of State should provide institution that furnished information on a
Hong Kong. an unclassified assessment of the reason for confidential basis;
(B) The decision by the National People’s imposition of certain economic penalties on (B) to jeopardize the integrity or success of
Congress on December 29, 2007, which ruled entities, so as to permit a clear path for the an ongoing criminal investigation or pros-
out universal suffrage in 2012 elections and removal of economic penalties if the sanc- ecution;
set restrictions on when and if universal suf- tioned behavior is reversed and verified by (C) to endanger the life or physical safety
frage will be implemented. the Secretary of State; of any person; or
(C) The decision by the National People’s (5) relevant Federal agencies should estab- (D) to cause substantial harm to physical
Congress on August 31, 2014, which placed lish a multilateral sanctions regime with re- property.
limits on the nomination process for the spect to foreign persons involved in the con- (3) NOTIFICATION REQUIRED.—If the Director
Chief Executive of Hong Kong as a condition travention of the obligations of China under of National Intelligence makes a determina-
for adoption of universal suffrage. the Joint Declaration and the Basic Law; tion under paragraph (1) or the Attorney
(D) On November 7, 2016, the National Peo- and General makes a determination under para-
ple’s Congress interpreted Article 104 of the (6) in addition to the penalties on foreign graph (2), the Director or the Attorney Gen-
Basic Law in such a way to disqualify 6 persons, and financial institutions eral, as the case may be, shall notify the ap-
elected members of the Legislative Council. transacting with those foreign persons, for propriate congressional committees and
(E) In 2018, the Government of Hong Kong the contravention of the obligations of China leadership of the determination and the rea-
banned the Hong Kong National Party and under the Joint Declaration and the Basic sons for the determination.
blocked the candidacy of pro-democracy can- Law, the United States should take steps, in (d) EXCLUSION OR REMOVAL OF FOREIGN
didates. a time of crisis, to assist permanent resi- PERSONS AND FOREIGN FINANCIAL INSTITU-
(16) The ways in which the Government of TIONS.—
dents of Hong Kong who are persecuted or
China, at times with the support of a subser- (1) FOREIGN PERSONS.—The President may
fear persecution as a result of the contraven-
vient Government of Hong Kong, has acted exclude a foreign person from the report
tion by China of its obligations under the
in contravention of its obligations under the under subsection (a), or an update under sub-
Joint Declaration and the Basic Law to be-
Joint Declaration and the Basic Law, as set section (e), or remove a foreign person from
come eligible to obtain lawful entry into the
forth in this section, are deeply concerning the report or update prior to the imposition
United States.
to the people of Hong Kong, the United of sanctions under section 6(a) if the mate-
SEC. 5. IDENTIFICATION OF FOREIGN PERSONS
States, and members of the international rial contribution (as described in subsection
INVOLVED IN THE EROSION OF THE
community who support the autonomy of OBLIGATIONS OF CHINA UNDER THE (g)) that merited inclusion in that report or
Hong Kong. JOINT DECLARATION OR THE BASIC update—
SEC. 4. SENSE OF CONGRESS REGARDING HONG LAW AND FOREIGN FINANCIAL IN- (A) does not have a significant and lasting
KONG. STITUTIONS THAT CONDUCT SIG- negative effect that contravenes the obliga-
It is the sense of Congress that— NIFICANT TRANSACTIONS WITH tions of China under the Joint Declaration
(1) the United States continues to uphold THOSE PERSONS. and the Basic Law;
the principles and policy established in the (a) IN GENERAL.—Not later than 90 days (B) is not likely to be repeated in the fu-
United States-Hong Kong Policy Act of 1992 after the date of the enactment of this Act, ture; and
(22 U.S.C. 5701 et seq.) and the Hong Kong if the Secretary of State, in consultation (C) has been reversed or otherwise miti-
Human Rights and Democracy Act of 2019 with the Secretary of the Treasury, deter- gated through positive countermeasures
(Public Law 116–76; 22 U.S.C. 5701 note), mines that a foreign person is materially taken by that foreign person.
which remain consistent with China’s obliga- contributing to, has materially contributed (2) FOREIGN FINANCIAL INSTITUTIONS.—The
tions under the Joint Declaration and cer- to, or attempts to materially contribute to President may exclude a foreign financial in-
tain promulgated objectives under the Basic the failure of the Government of China to stitution from the report under subsection
Law, including that— meet its obligations under the Joint Declara- (b), or an update under subsection (e), or re-
(A) as set forth in section 101(1) of the tion or the Basic Law, the Secretary of State move a foreign financial institution from the
United States-Hong Kong Policy Act of 1992 shall submit to the appropriate congres- report or update prior to the imposition of
(22 U.S.C. 5711(1)), ‘‘The United States should sional committees and leadership a report sanctions under section 7(a) if the significant
play an active role, before, on, and after July that includes— transaction or significant transactions of the
1, 1997, in maintaining Hong Kong’s con- (1) an identification of the foreign person; foreign financial institution that merited in-
fidence and prosperity, Hong Kong’s role as and clusion in that report or update—
an international financial center, and the (2) a clear explanation for why the foreign (A) does not have a significant and lasting
mutually beneficial ties between the people person was identified and a description of the negative effect that contravenes the obliga-
of the United States and the people of Hong activity that resulted in the identification. tions of China under the Joint Declaration
Kong.’’; and (b) IDENTIFYING FOREIGN FINANCIAL INSTI- and the Basic Law;
(B) as set forth in section 2(5) of the United TUTIONS.—Not earlier than 30 days and not (B) is not likely to be repeated in the fu-
States-Hong Kong Policy Act of 1992 (22 later than 60 days after the Secretary of ture; and
U.S.C. 5701(5)), ‘‘Support for democratization State submits to the appropriate congres- (C) has been reversed or otherwise miti-
is a fundamental principle of United States sional committees and leadership the report gated through positive countermeasures
foreign policy. As such, it naturally applies under subsection (a), the Secretary of the taken by that foreign financial institution.
to United States policy toward Hong Kong. Treasury, in consultation with the Secretary (3) NOTIFICATION REQUIRED.—If the Presi-
This will remain equally true after June 30, of State, shall submit to the appropriate dent makes a determination under paragraph
1997.’’; congressional committees and leadership a (1) or (2) to exclude or remove a foreign per-
(2) although the United States recognizes report that identifies any foreign financial son or foreign financial institution from a
that, under the Joint Declaration, the Gov- institution that knowingly conducts a sig- report under subsection (a) or (b), as the case
ernment of China ‘‘resumed the exercise of nificant transaction with a foreign person may be, the President shall notify the appro-
sovereignty over Hong Kong with effect on 1 identified in the report under subsection (a). priate congressional committees and leader-
July 1997’’, the United States supports the (c) EXCLUSION OF CERTAIN INFORMATION.— ship of the determination and the reasons for
autonomy of Hong Kong in furtherance of (1) INTELLIGENCE.—The Secretary of State the determination.
the United States-Hong Kong Policy Act of shall not disclose the identity of a person in (e) UPDATE OF REPORTS.—
1992 and the Hong Kong Human Rights and a report submitted under subsection (a) or (1) IN GENERAL.—Each report submitted
Democracy Act of 2019 and advances the de- (b), or an update under subsection (e), if the under subsections (a) and (b) shall be up-
sire of the people of Hong Kong to continue Director of National Intelligence determines dated in an ongoing manner and, to the ex-
the ‘‘one country, two systems’’ regime, in that such disclosure could compromise an in- tent practicable, updated reports shall be re-
addition to other obligations promulgated by telligence operation, activity, source, or submitted with the annual report under sec-
China under the Joint Declaration and the method of the United States. tion 301 of the United States-Hong Kong Pol-
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Basic Law; (2) LAW ENFORCEMENT.—The Secretary of icy Act of 1992 (22 U.S.C. 5731).
(3) in order to support the benefits and pro- State shall not disclose the identity of a per- (2) RULE OF CONSTRUCTION.—Nothing in this
tections that Hong Kong has been afforded son in a report submitted under subsection subsection shall be construed to terminate
by the Government of China under the Joint (a) or (b), or an update under subsection (e), the requirement to update the reports under
Declaration and the Basic Law, the United if the Attorney General, in coordination, as subsections (a) and (b) upon the termination
States should establish a clear and unambig- appropriate, with the Director of the Federal of the requirement to submit the annual re-
uous set of penalties with respect to foreign Bureau of Investigation, the head of any port under section 301 of the United States-
persons determined by the Secretary of other appropriate Federal law enforcement Hong Kong Policy Act of 1992 (22 U.S.C. 5731).
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3359
(f) FORM OF REPORTS.— under section 5(b) or an update to that re- holder with a controlling interest in, the for-
(1) IN GENERAL.—Each report under sub- port under section 5(e), the President shall eign financial institution, subject to regu-
section (a) or (b) (including updates under impose not fewer than 5 of the sanctions de- latory exceptions to permit the United
subsection (e)) shall be submitted in unclas- scribed in subsection (b) with respect to that States to comply with the Agreement re-
sified form and made available to the public. foreign financial institution. garding the Headquarters of the United Na-
(2) CLASSIFIED ANNEX.—The explanations (2) EXPANDED SANCTIONS.—Not later than tions, signed at Lake Success June 26, 1947,
and descriptions included in the report under two years after the date on which a foreign and entered into force November 21, 1947, be-
subsection (a)(2) (including updates under financial institution is included in the report tween the United Nations and the United
subsection (e)) may be expanded on in a clas- under section 5(b) or an update to that re- States, or other applicable international ob-
sified annex. port under section 5(e), the President shall ligations.
(g) MATERIAL CONTRIBUTIONS RELATED TO impose each of the sanctions described in (10) SANCTIONS ON PRINCIPAL EXECUTIVE OF-
OBLIGATIONS OF CHINA DESCRIBED.—For pur- subsection (b). FICERS.—The President may impose on the
poses of this section, a foreign person mate- (b) SANCTIONS DESCRIBED.—The sanctions principal executive officer or officers of the
rially contributes to the failure of the Gov- described in this subsection with respect to a foreign financial institution, or on individ-
ernment of China to meet its obligations foreign financial institution are the fol- uals performing similar functions and with
under the Joint Declaration or the Basic lowing: similar authorities as such officer or offi-
Law if the person— (1) LOANS FROM UNITED STATES FINANCIAL cers, any of the sanctions described in para-
(1) took action that resulted in the inabil- INSTITUTIONS.—The United States Govern- graphs (1) through (8) that are applicable.
ity of the people of Hong Kong— ment may prohibit any United States finan- (c) TIMING OF SANCTIONS.—The President
(A) to enjoy freedom of assembly, speech, cial institution from making loans or pro- may impose sanctions required under sub-
press, or independent rule of law; or viding credits to the foreign financial insti- section (a) with respect to a financial insti-
(B) to participate in democratic outcomes; tution. tution included in the report under section
or (2) PROHIBITION ON DESIGNATION AS PRIMARY 5(b) or an update to that report under sec-
DEALER.—Neither the Board of Governors of tion 5(e) beginning on the day on which the
(2) otherwise took action that reduces the
the Federal Reserve System nor the Federal financial institution is included in that re-
high degree of autonomy of Hong Kong.
Reserve Bank of New York may designate, or port or update.
SEC. 6. SANCTIONS WITH RESPECT TO FOREIGN
permit the continuation of any prior des- SEC. 8. WAIVER, TERMINATION, EXCEPTIONS,
PERSONS THAT CONTRAVENE THE
ignation of, the foreign financial institution AND CONGRESSIONAL REVIEW
OBLIGATIONS OF CHINA UNDER THE
as a primary dealer in United States Govern- PROCESS.
JOINT DECLARATION OR THE BASIC
LAW. ment debt instruments. (a) NATIONAL SECURITY WAIVER.—Unless a
(3) PROHIBITION ON SERVICE AS A REPOSITORY disapproval resolution is enacted under sub-
(a) IMPOSITION OF SANCTIONS.—
OF GOVERNMENT FUNDS.—The foreign finan- section (e), the President may waive the ap-
(1) IN GENERAL.—On and after the date on
cial institution may not serve as agent of plication of sanctions under section 6 or 7
which a foreign person is included in the re-
the United States Government or serve as re- with respect to a foreign person or foreign fi-
port under section 5(a) or an update to that nancial institution if the President—
report under section 5(e), the President may pository for United States Government
funds. (1) determines that the waiver is in the na-
impose sanctions described in subsection (b) tional security interest of the United States;
with respect to that foreign person. (4) FOREIGN EXCHANGE.—The President
may, pursuant to such regulations as the and
(2) MANDATORY SANCTIONS.—Not later than (2) submits to the appropriate congres-
one year after the date on which a foreign President may prescribe, prohibit any trans-
actions in foreign exchange that are subject sional committees and leadership a report on
person is included in the report under sec- the determination and the reasons for the
tion 5(a) or an update to that report under to the jurisdiction of the United States and
involve the foreign financial institution. determination.
section 5(e), the President shall impose sanc- (b) TERMINATION OF SANCTIONS AND RE-
tions described in subsection (b) with respect (5) BANKING TRANSACTIONS.—The President
MOVAL FROM REPORT.—Unless a disapproval
to that foreign person. may, pursuant to such regulations as the
President may prescribe, prohibit any trans- resolution is enacted under subsection (e),
(b) SANCTIONS DESCRIBED.—The sanctions the President may terminate the application
described in this subsection with respect to a fers of credit or payments between financial
institutions or by, through, or to any finan- of sanctions under section 6 or 7 with respect
foreign person are the following: to a foreign person or foreign financial insti-
cial institution, to the extent that such
(1) PROPERTY TRANSACTIONS.—The Presi- tution and remove the foreign person from
transfers or payments are subject to the ju-
dent may, pursuant to such regulations as the report required under section 5(a) or the
risdiction of the United States and involve
the President may prescribe, prohibit any foreign financial institution from the report
the foreign financial institution.
person from— required under section 5(b), as the case may
(6) PROPERTY TRANSACTIONS.—The Presi-
(A) acquiring, holding, withholding, using, be, if the Secretary of State, in consultation
dent may, pursuant to such regulations as
transferring, withdrawing, transporting, or with the Secretary of the Treasury, deter-
the President may prescribe, prohibit any mines that the actions taken by the foreign
exporting any property that is subject to the
person from— person or foreign financial institution that
jurisdiction of the United States and with re-
(A) acquiring, holding, withholding, using, led to the imposition of sanctions—
spect to which the foreign person has any in-
transferring, withdrawing, transporting, im- (1) do not have a significant and lasting
terest;
porting, or exporting any property that is negative effect that contravenes the obliga-
(B) dealing in or exercising any right,
subject to the jurisdiction of the United tions of China under the Joint Declaration
power, or privilege with respect to such prop-
States and with respect to which the foreign and the Basic Law;
erty; or
financial institution has any interest; (2) are not likely to be repeated in the fu-
(C) conducting any transaction involving
(B) dealing in or exercising any right, ture; and
such property.
power, or privilege with respect to such prop- (3) have been reversed or otherwise miti-
(2) EXCLUSION FROM THE UNITED STATES AND
erty; or gated through positive countermeasures
REVOCATION OF VISA OR OTHER DOCUMENTA-
(C) conducting any transaction involving taken by that foreign person or foreign fi-
TION.—In the case of a foreign person who is
such property. nancial institution.
an individual, the President may direct the
(7) RESTRICTION ON EXPORTS, REEXPORTS, (c) TERMINATION OF ACT.—
Secretary of State to deny a visa to, and the
AND TRANSFERS.—The President, in consulta- (1) REPORT.—
Secretary of Homeland Security to exclude
tion with the Secretary of Commerce, may (A) IN GENERAL.—Not later than July 1,
from the United States, the foreign person,
restrict or prohibit exports, reexports, and 2046, the President, in consultation with the
subject to regulatory exceptions to permit
transfers (in-country) of commodities, soft- Secretary of State, the Secretary of the
the United States to comply with the Agree-
ware, and technology subject to the jurisdic- Treasury, and the heads of such other Fed-
ment regarding the Headquarters of the
tion of the United States directly or indi- eral agencies as the President considers ap-
United Nations, signed at Lake Success June
rectly to the foreign financial institution. propriate, shall submit to Congress a report
26, 1947, and entered into force November 21,
(8) BAN ON INVESTMENT IN EQUITY OR DEBT.— evaluating the implementation of this Act
1947, between the United Nations and the
The President may, pursuant to such regula- and sanctions imposed pursuant to this Act.
United States, or other applicable inter-
tions or guidelines as the President may pre- (B) ELEMENTS.—The President shall in-
national obligations.
scribe, prohibit any United States person clude in the report submitted under subpara-
SEC. 7. SANCTIONS WITH RESPECT TO FOREIGN
from investing in or purchasing significant graph (A) an assessment of whether this Act
FINANCIAL INSTITUTIONS THAT
amounts of equity or debt instruments of the
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CONDUCT SIGNIFICANT TRANS- and the sanctions imposed pursuant to this
ACTIONS WITH FOREIGN PERSONS foreign financial institution. Act should be terminated.
THAT CONTRAVENE THE OBLIGA- (9) EXCLUSION OF CORPORATE OFFICERS.— (2) TERMINATION.—This Act and the sanc-
TIONS OF CHINA UNDER THE JOINT The President may direct the Secretary of tions imposed pursuant to this Act shall re-
DECLARATION OR THE BASIC LAW. State, in consultation with the Secretary of main in effect unless a termination resolu-
(a) IMPOSITION OF SANCTIONS.— the Treasury and the Secretary of Homeland tion is enacted under subsection (e) after
(1) INITIAL SANCTIONS.—Not later than one Security, to exclude from the United States July 1, 2047.
year after the date on which a foreign finan- any alien that is determined to be a cor- (d) EXCEPTION RELATING TO IMPORTATION OF
cial institution is included in the report porate officer or principal of, or a share- GOODS.—
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S3360 CONGRESSIONAL RECORD — SENATE June 25, 2020
(1) IN GENERAL.—The authorities and re- United States foreign policy with regard to designee) and an opponent. A motion to re-
quirements to impose sanctions under sec- China. consider the vote on passage of the resolu-
tions 6 and 7 shall not include the authority (ii) TERMINATION RESOLUTION.—A termi- tion shall not be in order.
or requirement to impose sanctions on the nation resolution introduced in the Senate (B) TREATMENT OF HOUSE RESOLUTION IN
importation of goods. shall be referred to the Committee on Bank- SENATE.—
(2) GOOD DEFINED.—In this subsection, the ing, Housing, and Urban Affairs and the (i) RECEIVED BEFORE PASSAGE OF SENATE
term ‘‘good’’ means any article, natural or Committee on Foreign Relations. RESOLUTION.—If, before the passage by the
manmade substance, material, supply, or (B) REPORTING AND DISCHARGE.—If a com- Senate of a covered resolution, the Senate
manufactured product, including inspection mittee to which a covered resolution was re- receives an identical resolution from the
and test equipment, and excluding technical ferred has not reported the resolution within House of Representatives, the following pro-
data. 10 calendar days after the date of referral of cedures shall apply:
(e) CONGRESSIONAL REVIEW.— the resolution, that committee shall be dis- (I) That resolution shall not be referred to
(1) RESOLUTIONS.— charged from further consideration of the a committee.
(A) DISAPPROVAL RESOLUTION.—In this sec- resolution and the resolution shall be placed (II) With respect to that resolution—
tion, the term ‘‘disapproval resolution’’ on the appropriate calendar. (aa) the procedure in the Senate shall be
means only a joint resolution of either House (C) PROCEEDING TO CONSIDERATION.—Not- the same as if no resolution had been re-
of Congress— withstanding Rule XXII of the Standing ceived from the House of Representatives;
(i) the title of which is as follows: ‘‘A joint Rules of the Senate, it is in order at any but
resolution disapproving the waiver or termi- time after the Committee on Banking, Hous- (bb) the vote on passage shall be on the
nation of sanctions with respect to a foreign ing, and Urban Affairs or the Committee on resolution from the House of Representa-
person that contravenes the obligations of Foreign Relations, as the case may be, re- tives.
China with respect to Hong Kong or a foreign ports a covered resolution to the Senate or (ii) RECEIVED AFTER PASSAGE OF SENATE
financial institution that conducts a signifi- has been discharged from consideration of RESOLUTION.—If, following passage of a cov-
cant transaction with that person.’’; and such a resolution (even though a previous ered resolution in the Senate, the Senate re-
(ii) the sole matter after the resolving motion to the same effect has been disagreed ceives an identical resolution from the
clause of which is the following: ‘‘Congress to) to move to proceed to the consideration House of Representatives, that resolution
disapproves of the action under section 8 of of the resolution, and all points of order shall be placed on the appropriate Senate
the Hong Kong Autonomy Act relating to against the resolution (and against consider- calendar.
the application of sanctions imposed with re- ation of the resolution) are waived. The mo- (iii) NO SENATE COMPANION.—If a covered
spect to a foreign person that contravenes tion to proceed is not debatable. The motion resolution is received from the House of Rep-
the obligations of China with respect to is not subject to a motion to postpone. A mo- resentatives, and no companion resolution
Hong Kong, or a foreign financial institution tion to reconsider the vote by which the mo- has been introduced in the Senate, the Sen-
that conducts a significant transaction with tion is agreed to or disagreed to shall not be ate procedures under this subsection shall
that person, on lllllll relating to in order. apply to the resolution from the House of
llllllll.’’, with the first blank space (D) RULINGS OF THE CHAIR ON PROCEDURE.— Representatives.
being filled with the appropriate date and Appeals from the decisions of the Chair re-
(C) APPLICATION TO REVENUE MEASURES.—
the second blank space being filled with a lating to the application of the rules of the
The provisions of this paragraph shall not
short description of the proposed action. Senate, as the case may be, to the procedure
apply in the House of Representatives to a
(B) TERMINATION RESOLUTION.—In this sec- relating to a covered resolution shall be de-
tion, the term ‘‘termination resolution’’ covered resolution that is a revenue meas-
cided without debate.
means only a joint resolution of either House ure.
(E) CONSIDERATION OF VETO MESSAGES.—De-
of Congress— (6) RULES OF HOUSE OF REPRESENTATIVES
bate in the Senate of any veto message with
AND SENATE.—This subsection is enacted by
(i) the title of which is as follows: ‘‘A joint respect to a covered resolution, including all
resolution terminating sanctions with re- Congress—
debatable motions and appeals in connection
spect to foreign persons that contravene the (A) as an exercise of the rulemaking power
with the resolution, shall be limited to 10
obligations of China with respect to Hong of the Senate and the House of Representa-
hours, to be equally divided between, and
Kong and foreign financial institutions that controlled by, the majority leader and the tives, respectively, and as such is deemed a
conduct significant transactions with those minority leader or their designees. part of the rules of each House, respectively,
persons.’’; and (5) RULES RELATING TO SENATE AND HOUSE and supersedes other rules only to the extent
(ii) the sole matter after the resolving OF REPRESENTATIVES.—
that it is inconsistent with such rules; and
clause of which is the following: ‘‘The Hong (A) TREATMENT OF SENATE RESOLUTION IN (B) with full recognition of the constitu-
Kong Autonomy Act and any sanctions im- HOUSE.—In the House of Representatives, the
tional right of either House to change the
posed pursuant to that Act shall terminate following procedures shall apply to a covered rules (so far as relating to the procedure of
on llll.’’, with the blank space being resolution received from the Senate (unless that House) at any time, in the same man-
filled with the termination date. the House has already passed a resolution re- ner, and to the same extent as in the case of
(C) COVERED RESOLUTION.—In this sub- lating to the same proposed action): any other rule of that House.
section, the term ‘‘covered resolution’’ (i) The resolution shall be referred to the SEC. 9. IMPLEMENTATION; PENALTIES.
means a disapproval resolution or a termi- appropriate committees. (a) IMPLEMENTATION.—The President may
nation resolution. (ii) If a committee to which a resolution exercise all authorities provided under sec-
(2) INTRODUCTION.—A covered resolution has been referred has not reported the reso- tions 203 and 205 of the International Emer-
may be introduced— lution within 2 calendar days after the date gency Economic Powers Act (50 U.S.C. 1702
(A) in the House of Representatives, by the of referral, that committee shall be dis- and 1704) to the extent necessary to carry
majority leader or the minority leader; and charged from further consideration of the out this Act.
(B) in the Senate, by the majority leader resolution. (b) PENALTIES.—A person that violates, at-
(or the majority leader’s designee) or the mi- (iii) Beginning on the third legislative day tempts to violate, conspires to violate, or
nority leader (or the minority leader’s des- after each committee to which a resolution causes a violation of section 6 or 7 or any
ignee). has been referred reports the resolution to regulation, license, or order issued to carry
(3) FLOOR CONSIDERATION IN HOUSE OF REP- the House or has been discharged from fur- out that section shall be subject to the pen-
RESENTATIVES.—If a committee of the House ther consideration thereof, it shall be in alties set forth in subsections (b) and (c) of
of Representatives to which a covered resolu- order to move to proceed to consider the res- section 206 of the International Emergency
tion has been referred has not reported the olution in the House. All points of order Economic Powers Act (50 U.S.C. 1705) to the
resolution within 10 calendar days after the against the motion are waived. Such a mo- same extent as a person that commits an un-
date of referral, that committee shall be dis- tion shall not be in order after the House has lawful act described in subsection (a) of that
charged from further consideration of the disposed of a motion to proceed on the reso- section.
resolution. lution. The previous question shall be con- SEC. 10. RULE OF CONSTRUCTION.
(4) CONSIDERATION IN THE SENATE.— sidered as ordered on the motion to its adop- Nothing in this Act shall be construed as
(A) COMMITTEE REFERRAL.— tion without intervening motion. The mo- an authorization of military force against
(i) DISAPPROVAL RESOLUTION.—A dis- tion shall not be debatable. A motion to re- China.
approval resolution introduced in the Senate consider the vote by which the motion is dis-
shall be— posed of shall not be in order. SA 1822. Mr. LANKFORD (for him-
SSpencer on DSK126QN23PROD with SENATE
(I) referred to the Committee on Banking, (iv) The resolution shall be considered as self, Mr. PERDUE, Mrs. LOEFFLER, Mr.
Housing, and Urban Affairs if the resolution read. All points of order against the resolu- LEE, and Mr. ROMNEY) submitted an
relates to an action that is not intended to tion and against its consideration are
amendment intended to be proposed by
significantly alter United States foreign pol- waived. The previous question shall be con-
icy with regard to China; and sidered as ordered on the resolution to final him to the bill S. 4049, to authorize ap-
(II) referred to the Committee on Foreign passage without intervening motion except 2 propriations for fiscal year 2021 for
Relations if the resolution relates to an ac- hours of debate equally divided and con- military activities of the Department
tion that is intended to significantly alter trolled by the sponsor of the resolution (or a of Defense, for military construction,
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3361
and for defense activities of the De- a result of the amendments made by sub- ble to the provision of paid parental leave for
partment of Energy, to prescribe mili- section (a). employees of the Federal Government under
tary personnel strengths for such fiscal (c) TECHNICAL AND CONFORMING AMEND- chapter 63 of title 5, United States Code, and
MENTS.— any corresponding regulations.’’.
year, and for other purposes; which was (1) JOHN S. MCCAIN NATIONAL DEFENSE AU- (2) DISTRICT OF COLUMBIA PUBLIC DEFENDER
ordered to lie on the table; as follows: THORIZATION ACT FOR FISCAL YEAR 2019.—Sec- SERVICE.—Section 305 of the District of Co-
Strike section 1108 and insert the fol- tion 1109(a) of the John S. McCain National lumbia Court Reform and Criminal Proce-
lowing: Defense Authorization Act for Fiscal Year dure Act of 1970 (section 2–1605, D.C. Official
SEC. 1108. EXPANSION OF AUTHORITY FOR AP- 2019 (5 U.S.C. 3393 note) is amended— Code) is amended by adding at the end the
POINTMENT OF RECENTLY RETIRED (A) by striking ‘‘Notwithstanding section following new subsection:
MEMBERS OF THE ARMED FORCES 3393(c) of title 5, United States Code, or any ‘‘(d) In carrying out the Family and Med-
TO POSITIONS IN THE DEPARTMENT
regulations implementing that section, and ical Leave Act of 1993 (29 U.S.C. 2601 et seq.)
OF DEFENSE.
subject to’’ and inserting ‘‘Subject to’’; and with respect to employees of the Service, the
(a) IN GENERAL.—Subsection (b) of section
(B) by striking ‘‘otherwise required by that Director shall, notwithstanding any provi-
3326 of title 5, United States Code, is amend-
section’’. sion of such Act, establish a paid parental
ed—
(2) TITLE 5.—Title 5, United States Code, is leave program for the leave described in sub-
(1) in paragraph (1), by striking ‘‘or’’ at the paragraphs (A) and (B) of section 102(a)(1) of
end; amended—
(A) in section 3592(a)(1), by striking ‘‘sec- such Act (29 U.S.C. 2612(a)(1)) (relating to
(2) in paragraph (2), by striking the period leave provided in connection with the birth
at the end and inserting ‘‘; or’’; and tion 3393(d)’’ and inserting ‘‘section 3393(c)’’;
(B) in section 3593— of a child or the placement of a child for
(3) by adding at the end the following new adoption or foster care). In developing the
paragraph: (i) in subsection (a)—
(I) in the matter preceding paragraph (1), terms and conditions for this program, the
‘‘(3) the proposed appointment is to a posi- Director may be guided by the terms and
tion classified at or below GS–13 under the by striking ‘‘section 3393(b) and (c)’’ and in-
serting ‘‘section 3393(b)’’; and conditions applicable to the provision of paid
General Schedule under subchapter III of parental leave for employees of the Federal
chapter 53 (or an equivalent level under an- (II) in paragraph (1), by striking ‘‘section
3393(d)’’ and inserting ‘‘section 3393(c)’’; and Government under chapter 63 of title 5,
other wage system) in the competitive serv- United States Code, and any corresponding
ice that is a position— (ii) in subsection (c)(1)—
(I) in the matter preceding subparagraph regulations.’’.
‘‘(A) to which appointments are authorized (b) FAA AND TSA.—
using Direct Hire Authority or Expedited (A), by striking ‘‘section 3393(b) and (c)’’ and
inserting ‘‘section 3393(b)’’; and (1) APPLICATION OF TITLE 5 FAMILY AND MED-
Hiring Authority; and ICAL LEAVE.—
‘‘(B) that has been certified by the Sec- (II) in subparagraph (C), by striking ‘‘sec-
tion 3393(d)’’ and inserting ‘‘section 3393(c)’’; (A) IN GENERAL.—Section 40122(g)(2) of title
retary concerned as lacking sufficient num- 49, United States Code, is amended—
bers of potential applicants who are not re- (C) in section 3594—
(i) in subsection (a), by striking ‘‘section (i) in subparagraph (I)(iii), by striking
tired members of the armed forces.’’. ‘‘and’’ at the end;
(b) LIMITATION ON DELEGATION OF CERTIFI- 3393(d)’’ and inserting ‘‘section 3393(c)’’; and
(ii) in subsection (b), in the matter pre- (ii) in subparagraph (J), by striking the pe-
CATION AUTHORITY.—Such section is further riod at the end and inserting ‘‘; and’’; and
amended by adding at the end the following ceding paragraph (1), by striking ‘‘section
3393(d)’’ and inserting ‘‘section 3393(c)’’; (iii) by adding at the end the following:
new subsection: ‘‘(K) subchapter V of chapter 63, relating to
‘‘(d) The authority to make a certification (D) in section 3595(b)(1), by striking ‘‘sec-
tion 3393(d)’’ and inserting ‘‘section 3393(c)’’; family and medical leave.’’.
described in subsection (b)(3) of this section (B) APPLICABILITY.—The amendments made
may not be delegated to an individual with a and
(E) in section 7541(1)(A), by striking ‘‘sec- by subparagraph (A) shall not be effective
grade lower than colonel, or captain in the with respect to any event for which leave
Navy, or an individual with an equivalent ci- tion 3393(d)’’ and inserting ‘‘section 3393(c)’’.
(3) TITLE 10.—Section 1599e(a) of title 10, may be taken under subchapter V of chapter
vilian grade.’’. 63 of title 5, United States Code, occurring
United States Code, is amended by striking
‘‘sections 3321 and 3393(d) of title 5’’ and in- before October 1, 2020.
SA 1823. Mr. LANKFORD submitted (2) CLARIFICATION FOR TSA SCREENERS.—
an amendment intended to be proposed serting ‘‘sections 3321 and 3393(c) of title 5’’.
(A) IN GENERAL.—Section 111(d)(2)(B) of the
by him to the bill S. 4049, to authorize Aviation and Transportation Security Act
SA 1824. Mr. LANKFORD submitted
appropriations for fiscal year 2021 for (49 U.S.C. 44935 note) is amended to read as
an amendment intended to be proposed
military activities of the Department follows:
by him to the bill S. 4049, to authorize ‘‘(B) LEAVE.—Any individual appointed
of Defense, for military construction,
appropriations for fiscal year 2021 for under paragraph (1) who otherwise qualifies
and for defense activities of the De-
military activities of the Department as an employee under the requirements in
partment of Energy, to prescribe mili-
of Defense, for military construction, section 6381(1) of title 5, United States Code,
tary personnel strengths for such fiscal
and for defense activities of the De- shall be subject to subchapter V of chapter 63
year, and for other purposes; which was of such title.’’.
partment of Energy, to prescribe mili-
ordered to lie on the table; as follows: (B) EFFECTIVE DATE.—The amendment
tary personnel strengths for such fiscal
At the appropriate place, insert the fol- made by subparagraph (A) shall not be effec-
lowing:
year, and for other purposes; which was
tive with respect to any event for which
SEC. lll. INAPPLICABILITY OF CERTIFICATION
ordered to lie on the table; as follows: leave may be taken under subchapter V of
OF EXECUTIVE QUALIFICATION RE- At the appropriate place, insert the fol- chapter 63 of title 5, United States Code, oc-
VIEW BOARDS. lowing: curring before October 1, 2020.
(a) IN GENERAL.—Section 3393 of title 5, SEC. ll. EXPANSION OF FEDERAL EMPLOYEE (c) TITLE 38 EMPLOYEES.—
United States Code, is amended— COVERAGE. (1) IN GENERAL.—Section 7425 of title 38,
(1) by striking subsection (c); and (a) PAID PARENTAL LEAVE FOR EMPLOYEES United States Code, is amended—
(2) by redesignating subsections (d) OF DISTRICT OF COLUMBIA COURTS AND DIS- (A) in subsection (b), by striking ‘‘Notwith-
through (g) as subsections (c) through (f), re- TRICT OF COLUMBIA PUBLIC DEFENDER SERV- standing’’ and inserting ‘‘Except as provided
spectively. ICE.— in subsection (c), and notwithstanding’’; and
(b) UPDATES.— (1) DISTRICT OF COLUMBIA COURTS.—Section (B) by adding at the end the following:
(1) DEFINITIONS.—In this subsection, the 11–1726, District of Columbia Official Code, is ‘‘(c) Notwithstanding any other provision
terms ‘‘agency’’ and ‘‘career appointee’’ have amended by adding at the end the following of this subchapter, the Administration shall
the meanings given those terms in section new subsection: provide to individuals appointed to any posi-
3132(a) of title 5, United States Code. ‘‘(d) In carrying out the Family and Med- tion described in section 7421(b) who are em-
(2) REQUIREMENTS.—Not later than 1 year ical Leave Act of 1993 (29 U.S.C. 2601 et seq.) ployed for compensation by the Administra-
after the date of enactment of this Act— with respect to nonjudicial employees of the tion, family and medical leave in the same
(A) in order to account for the amend- District of Columbia courts, the Joint Com- manner and subject to the same limitations
ments made by subsection (a), the head of mittee on Judicial Administration shall, to the maximum extent practicable, as fam-
each agency shall revise the executive quali- notwithstanding any provision of such Act, ily and medical leave is provided under sub-
fications with respect to appointment to ca- establish a paid parental leave program for chapter V of chapter 63 of title 5 to employ-
SSpencer on DSK126QN23PROD with SENATE
reer appointee positions at the agency, as the leave described in subparagraphs (A) and ees, as defined in section 6381(1) of such
are required to be determined in writing (B) of section 102(a)(1) of such Act (29 U.S.C. title.’’.
under section 3393(d) of title 5, United States 2612(a)(1)) (relating to leave provided in con- (2) APPLICABILITY.—The amendments made
Code, as so redesignated by subsection (a)(2) nection with the birth of a child or a place- by paragraph (1) shall not be effective with
of this section; and ment of a child for adoption or foster care). respect to any event for which leave may be
(B) the Director of the Office of Personnel In developing the terms and conditions for taken under subchapter V of chapter 63 of
Management shall make any amendments to this program, the Joint Committee may be title 5, United States Code, occurring before
the rules of the Office that are necessary as guided by the terms and conditions applica- October 1, 2020.
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S3362 CONGRESSIONAL RECORD — SENATE June 25, 2020
(d) ARTICLE I JUDGES.— (2) APPLICABILITY.—The amendments made 206(d) of the E-Government Act of 2002 (44
(1) BANKRUPTCY JUDGES.—Section 153(d) of by this subsection shall not be effective with U.S.C. 3501 note) (commonly known as regu-
title 28, United States Code, is amended— respect to any birth or placement occurring lations.gov).’’.
(A) by inserting ‘‘(1)’’ before ‘‘A bank- before October 1, 2020.
ruptcy judge’’; and (f) AMENDMENTS TO TITLE 5 FAMILY AND SA 1826. Mr. LANKFORD submitted
(B) by adding at the end the following: MEDICAL LEAVE ACT PROVISIONS.—Chapter 63 an amendment intended to be proposed
‘‘(2) The provisions of subchapter V of of title 5, United States Code, is amended— by him to the bill S. 4049, to authorize
chapter 63 of title 5 shall apply to a bank- (1) in section 6301(2), by amending clause appropriations for fiscal year 2021 for
ruptcy judge as if the bankruptcy judge were (v) to read as follows:
‘‘(v) an employee of the Veterans Health
military activities of the Department
an employee (within the meaning of subpara-
graph (A) of section 6381(1) of such title).’’. Administration who is covered by a leave of Defense, for military construction,
(2) MAGISTRATE JUDGES.—Section 631(k) of system established under section 7421 of title and for defense activities of the De-
title 28, United States Code, is amended— 38;’’; partment of Energy, to prescribe mili-
(A) by inserting ‘‘(1)’’ before ‘‘A United (2) in section 6381(1)— tary personnel strengths for such fiscal
States magistrate judge’’; and (A) in subparagraph (A), by striking ‘‘(v) year, and for other purposes; which was
(B) by adding at the end the following: or’’; and ordered to lie on the table; as follows:
‘‘(2) The provisions of subchapter V of (B) by amending subparagraph (B) to read
At appropriate place, insert the following:
chapter 63 of title 5 shall apply to a United as follows:
SECTION lll. EXPEDITED HIRING AUTHORITY.
States magistrate judge as if the United ‘‘(B) has completed at least 12 months of
States magistrate judge were an employee service as an employee (as defined in section (a) EXPEDITED HIRING AUTHORITY FOR COL-
2105) of the Government of the United LEGE GRADUATES.—Section 3115(e)(1) of title
(within the meaning of subparagraph (A) of
section 6381(1) of such title).’’. States, including service with the United 5, United States Code, is amended by strik-
(3) APPLICABILITY.—The amendments made States Postal Service, the Postal Regulatory ing ‘‘15 percent’’ and inserting ‘‘25 percent’’.
Commission, and a nonappropriated fund in- (b) EXPEDITED HIRING AUTHORITY FOR POST-
by this subsection shall not be effective with
SECONDARY STUDENTS.—Section 3116(d)(1) of
respect to any event for which leave may be strumentality as described in section
2105(c);’’; and title 5, United States Code, is amended by
taken under subchapter V of chapter 63 of
(3) in section 6382(d)— striking ‘‘15 percent’’ and inserting ‘‘25 per-
title 5, United States Code, occurring before
(A) in paragraph (1), by striking ‘‘under cent’’.
October 1, 2020.
(e) EMPLOYEES OF EXECUTIVE OFFICE OF THE subchapter I’’ in each place it appears; and
(B) in paragraph (2)— SA 1827. Mr. WARNER (for himself
PRESIDENT.—
(1) IN GENERAL.—Section 412 of title 3, (i) in subparagraph (B)(ii), by striking and Mr. RUBIO) submitted an amend-
United States Code, is amended— ‘‘under subchapter I’’; and ment intended to be proposed by him
(A) in subsection (a), by adding at the end (ii) by adding at the end the following: to the bill S. 4049, to authorize appro-
the following: ‘‘(H) Notwithstanding subparagraph (B)(i), priations for fiscal year 2021 for mili-
‘‘(3) EXCEPTION.—Notwithstanding section an employee’s entitlement to 12 administra- tary activities of the Department of
401(b)(2), the requirements of paragraph tive workweeks of paid parental leave de- Defense, for military construction, and
(2)(B) shall not apply with respect to leave scribed in such subparagraph in connection
with a particular birth or placement shall be
for defense activities of the Depart-
under subparagraph (A) or (B) of section ment of Energy, to prescribe military
102(a)(1) of the Family and Medical Leave reduced by the period for which the em-
Act of 1993 (29 U.S.C. 2612(a)(1)).’’; ployee received paid parental leave under an personnel strengths for such fiscal
(B) by redesignating subsections (c) and (d) authority applicable to Federal employees year, and for other purposes; which was
as subsections (d) and (e), respectively; other than this paragraph for the same birth ordered to lie on the table; as follows:
(C) by inserting after subsection (b) the fol- or placement event.’’. At the appropriate place in title X, insert
lowing: (g) PARALLEL BENEFITS.—Notwithstanding the following:
any other provision of law, a Federal agency SEC. lll. SECURE AND TRUSTED TECHNOLOGY.
‘‘(c) SPECIAL RULES FOR SUBSTITUTION OF
shall reduce an employee’s otherwise appli-
PAID LEAVE.— (a) DEFINITIONS.—In this section:
cable paid parental leave benefit to account
‘‘(1) SUBSTITUTION OF PAID LEAVE.—A cov- (1) APPROPRIATE COMMITTEES OF CON-
for any parallel Federal employee leave ben-
ered employee may elect to substitute for GRESS.—The term ‘‘appropriate committees
efit provided to the employee during a leave
any leave without pay under subparagraph of Congress’’ means—
eligibility period connected to the birth or
(A) or (B) of section 102(a)(1) of the Family (A) the Select Committee on Intelligence
placement of the same son or daughter.
and Medical Leave Act of 1993 (29 U.S.C. of the Senate;
(h) EFFECTIVE DATE.—The amendments
2612(a)(1)) any paid leave which is available (B) the Committee on Foreign Relations of
made by this section shall take effect as if
to such employee for that purpose. the Senate;
enacted immediately after the enactment of
‘‘(2) AVAILABLE LEAVE.—The paid leave (C) the Committee on Homeland Security
the National Defense Authorization Act for
that is available to a covered employee for and Governmental Affairs of the Senate;
Fiscal Year 2020.
purposes of paragraph (1) is leave of the type (D) the Committee on Armed Services of
and in the amount available to an employee SA 1825. Mr. LANKFORD (for him- the Senate;
under section 6382(d)(2)(B) of title 5, United (E) the Committee on Commerce, Science,
self, Mr. PETERS, and Ms. SINEMA) sub-
States Code, for substitution for leave with- and Transportation of the Senate;
out pay under subparagraph (A) or (B) of sec- mitted an amendment intended to be (F) the Committee on Appropriations of
tion 6382(a)(1) of such title. proposed by him to the bill S. 4049, to the Senate;
‘‘(3) CONSISTENCY WITH TITLE 5.—Paid leave authorize appropriations for fiscal year (G) the Permanent Select Committee on
shall be substituted under this subsection in 2021 for military activities of the De- Intelligence of the House of Representatives;
a manner that is consistent with the require- partment of Defense, for military con- (H) the Committee on Foreign Affairs of
ments in section 6382(d)(2) of title 5, United struction, and for defense activities of the House of Representatives;
States Code, except that a reference in that the Department of Energy, to prescribe (I) the Committee on Homeland Security
section to an employing agency shall be con- of the House of Representatives;
military personnel strengths for such
sidered to be a reference to an employing of- (J) the Committee on Armed Services of
fice, and subparagraph (E) of that section fiscal year, and for other purposes; the House of Representatives;
shall not apply.’’; which was ordered to lie on the table; (K) the Committee on Energy and Com-
(D) in paragraph (2) of subsection (d), as re- as follows: merce of the House of Representatives; and
designated by subparagraph (B)— At the appropriate place, insert the fol- (L) the Committee on Appropriations of
(i) in subparagraph (A), by striking ‘‘and’’ lowing: the House of Representatives.
at the end of the subparagraph; SEC. ll. REQUIREMENT TO POST A 100 WORD (2) FIFTH-GENERATION WIRELESS NETWORK.—
(ii) in subparagraph (B) by striking the pe- SUMMARY TO REGULATIONS.GOV. The term ‘‘fifth-generation wireless net-
riod at the end and inserting ‘‘; and’’; and Section 553(b) of title 5, United States work’’ means a radio network as described
(iii) by adding at the end the following: Code, is amended— by the 3rd Generation Partnership Project
‘‘(C) except that the President or designee (1) in paragraph (2), by striking ‘‘and’’ at (3GPP) Release 15 or higher.
shall issue regulations to implement sub- the end; (b) SUPPORTING THE DEVELOPMENT AND
SSpencer on DSK126QN23PROD with SENATE
section (c) in accordance with the require- (2) in paragraph (3), by striking the period ADOPTION OF SECURE AND TRUSTED TECH-
ments of that subsection.’’; and at the end and inserting ‘‘; and’’; and NOLOGIES AMONG INTELLIGENCE ALLIES AND
(E) in paragraph (1) of subsection (e), as re- (3) by inserting after paragraph (3) the fol- PARTNERS.—
designated by subparagraph (B), by inserting lowing: (1) COMMUNICATIONS TECHNOLOGY SECURITY
after ‘‘subsection (c)’’ the following: ‘‘(as in ‘‘(4) the Internet address of a summary of AND INNOVATION FUND.—
effect on the date of enactment of the Presi- not more than 100 words in length of the pro- (A) ESTABLISHMENT OF FUND.—
dential and Executive Office Accountability posed rule, in plain language, that shall be (i) IN GENERAL.—There is established in the
Act)’’. posted on the Internet website under section Treasury of the United States a fund to be
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3363
known as the ‘‘Communications Technology retary of Homeland Security, shall establish (iii) USE OF AMOUNTS.—Amounts in the
Security and Innovation Fund’’ (referred to criteria for grants awarded under clause (i). Multilateral Fund shall be used to establish
in this paragraph as the ‘‘Security Fund’’). (iv) TIMING.—Not later than 1 year after the common funding mechanism required by
(ii) ADMINISTRATION.—The Director of the the date of the enactment of this Act, the subparagraph (B).
Intelligence Advanced Research Projects Ac- Director of the Intelligence Advanced Re- (iv) CONTENTS OF FUND.—
tivity shall administer the Security Fund. search Projects Activity shall begin award- (I) IN GENERAL.—The Multilateral Fund
(iii) CONTENTS OF FUND.— ing grants under clause (i). shall consist of amounts appropriated pursu-
(I) IN GENERAL.—The fund shall consist of— (C) FEDERAL ADVISORY BODY.— ant to the authorization of appropriations
(aa) amounts appropriated pursuant to the (i) ESTABLISHMENT.—The Director of the under paragraph (3)(B) and such other
authorization of appropriations under para- Intelligence Advanced Research Projects Ac- amounts as may be appropriated or other-
graph (3)(A); and tivity shall establish a Federal advisory wise made available to the Director and the
(bb) such other amounts as may be appro- committee, in accordance with the Federal Secretary to be deposited in the Multilateral
priated or otherwise made available to the Advisory Committee Act (5 U.S.C. App.), Fund.
Director of the Intelligence Advanced Re- composed of government and private sector (II) AVAILABILITY.—
search Projects Activity to be deposited in experts, to advise the Director of the Intel- (aa) IN GENERAL.—Amounts deposited in
the Security Fund. ligence Advanced Research Projects Activity the Multilateral Fund shall remain available
(II) AVAILABILITY.— on the administration of the Security Fund. through fiscal year 2031.
(aa) IN GENERAL.—Amounts deposited in (ii) COMPOSITION.—The advisory committee (bb) REMAINDER TO TREASURY.—Any
established under clause (i) shall be com- amounts remaining in the Fund after fiscal
the Security Fund shall remain available
posed of— year 2031 shall be deposited in the General
through the end of the tenth fiscal year be-
(I) representatives from— Fund of the Treasury.
ginning after the date of the enactment of
(aa) the Federal Communications Commis- (B) MULTILATERAL COMMON FUNDING MECHA-
this Act.
sion; NISM.—
(bb) REMAINDER TO TREASURY.—Any
(bb) the National Institute of Standards (i) IN GENERAL.—The Director and the Sec-
amounts remaining in the Security Fund
and Technology; retary shall jointly, in coordination with for-
after the end of the tenth fiscal year begin-
(cc) the Department of Defense; eign partners, establish a common funding
ning after the date of the enactment of this (dd) the Department of State; mechanism that uses amounts from the Mul-
Act shall be deposited in the general fund of (ee) the National Science Foundation; and tilateral Fund to support the development
the Treasury. (ff) the Department of Homeland Security; and adoption of secure and trusted tele-
(iv) USE OF AMOUNTS.—Amounts deposited and communications technologies in key mar-
in the Security Fund shall be available to (II) other representatives from the private kets globally.
the Director of the Intelligence Advanced and public sectors, at the discretion of the (ii) CONSULTATION REQUIRED.—The Director
Research Projects Activity to award grants Security Fund. and the Secretary shall carry out clause (i)
under subparagraph (B). (iii) DUTIES.—The advisory committee es- in consultation with the following:
(B) GRANTS.— tablished under clause (i) shall advise the Di- (I) The Federal Communications Commis-
(i) IN GENERAL.—The Director of the Intel- rector of the Intelligence Advanced Research sion.
ligence Advanced Research Projects Activity Projects Activity on technology develop- (II) The Secretary of State.
shall award grants to support research and ments to help inform— (III) The Assistant Secretary of Commerce
the commercial application of such research, (I) the strategic direction of the Security for Communications and Information.
including in the following areas: Fund; and (IV) The Director of the Intelligence Ad-
(I) Promoting the development of tech- (II) efforts of the Federal Government to vanced Research Projects Activity.
nology, including software, hardware, and promote a more secure, diverse, sustainable, (V) The Under Secretary of Commerce for
microprocessing technology, that will en- and competitive supply chain. Standards and Technology.
hance competitiveness in fifth-generation (D) REPORTS TO CONGRESS.— (C) ANNUAL REPORT TO CONGRESS.—
(commonly known as ‘‘5G’’) and successor (i) INITIAL REPORT.—Not later than 180 days (i) IN GENERAL.—Not later than 1 year after
wireless technology supply chains. after the date of the enactment of this Act, the date of the enactment of this Act and not
(II) Accelerating development and deploy- the Director of the Intelligence Advanced less frequently than once each fiscal year
ment of open interface, standards-based com- Research Projects Activity shall submit to thereafter until fiscal year 2031, the Director
patible interoperable equipment, such as the appropriate committees of Congress a re- and the Secretary shall jointly submit to the
equipment developed pursuant to the stand- port with— appropriate committees of Congress an an-
ards set forth by organizations such as the (I) additional recommendations on pro- nual report on the Multilateral Fund and the
O–RAN Alliance, the Telecom Infra Project, moting the competitiveness and sustain- use of amounts under subparagraph (B).
3GPP, the O–RAN Software Community, or ability of trusted suppliers in the wireless (ii) CONTENTS.—Each report submitted
any successor organizations. supply chain; and under clause (i) shall include, for the fiscal
(III) Promoting compatibility of new fifth- (II) any additional authorities needed to year covered by the report, the following:
generation wireless network equipment with facilitate the timely adoption of open stand- (I) Any funding commitments from foreign
future open standards-based interoperable ards-based equipment, including authority to partners, including each specific amount
equipment. provide loans, loan guarantees, and other committed.
(IV) Managing integration of multivendor forms of credit extension that would maxi- (II) Governing criteria for use of the
network environments. mize the use of designated funds. amounts in the Multilateral Fund.
(V) Objective criteria to define equipment (ii) ANNUAL REPORT.—For each fiscal year (III) An account of—
as compliant with open standards for multi- for which amounts in the Security Fund are (aa) how, and to whom, funds have been de-
vendor network equipment interoperability. available under this paragraph, the Director ployed;
(VI) Promoting development and inclusion of the Intelligence Advanced Research (bb) amounts remaining in the Multilat-
of security features enhancing the integrity Projects Activity shall submit to Congress a eral Fund; and
and availability of equipment in multivendor report that— (cc) the progress of the Director and the
networks. (I) describes how, and to whom, grants Secretary in meeting the objective described
(VII) Promoting the application of network have been awarded under subparagraph (B); in subparagraph (B)(i).
function virtualization to facilitate multi- (II) details the progress of the Director of (IV) Such recommendations for legislative
vendor interoperability and a more diverse the Intelligence Advanced Research Projects or administrative action as the Director and
vendor market. Activity in meeting the objectives described the Secretary may have to enhance the effec-
(ii) AMOUNT.— in subparagraph (B)(i); and tiveness of the Multilateral Fund in achiev-
(I) IN GENERAL.—Subject to subclause (II), (III) includes such other information as the ing the security goals of the United States.
a grant awarded under clause (i) shall be in Director of the Intelligence Advanced Re- (3) AUTHORIZATION OF APPROPRIATIONS.—
such amount as the Director of the Intel- search Projects Activity determine appro- (A) COMMUNICATIONS TECHNOLOGY SECURITY
ligence Advanced Research Projects Activity priate. AND INNOVATION FUND.—There is authorized
consider appropriate. (2) MULTILATERAL TELECOMMUNICATIONS SE- to be appropriated to carry out paragraph (1)
(II) LIMITATION ON GRANT AMOUNTS.—The CURITY FUND.— $750,000,000 for the period of fiscal years 2021
amount of a grant awarded under this para- (A) ESTABLISHMENT OF FUND.— through 2031.
graph to a recipient for a specific research (i) IN GENERAL.—There is established in the
SSpencer on DSK126QN23PROD with SENATE
(B) MULTILATERAL TELECOMMUNICATIONS
focus area may not exceed $100,000,000. Treasury of the United States a fund to be SECURITY FUND.—There is authorized to be
(iii) CRITERIA.—The Director of the Intel- known as the ‘‘Multilateral Telecommuni- appropriated to carry out paragraph (2)
ligence Advanced Research Projects Activ- cations Security Fund’’ (in this section re- $750,000,000 for the period of fiscal years 2021
ity, in consultation with the Secretary of ferred to as the ‘‘Multilateral Fund’’). through 2031.
Defense, the Assistant Secretary of Com- (ii) ADMINISTRATION.—The Director of Na- (c) EXPOSING POLITICAL PRESSURE IN INTER-
merce for Communications and Information, tional Intelligence and the Secretary of De- NATIONAL STANDARDS-SETTING BODIES THAT
the Director of the National Institute of fense shall jointly administer the Multilat- SET STANDARDS FOR FIFTH-GENERATION WIRE-
Standards and Technology, and the Sec- eral Fund. LESS NETWORKS.—
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S3364 CONGRESSIONAL RECORD — SENATE June 25, 2020
(1) REPORT REQUIRED.— (c) REALLOCATION OF UNUSED STATE (B) EXPENSES.—
(A) IN GENERAL.—Not later than 120 days FUNDS.—Section 793(c)(2)(C) of the Energy (i) IN GENERAL.—Payments made under this
after the date of the enactment of this Act, Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is subsection for receptions, meals, and food-re-
the Director of National Intelligence shall amended beginning in the matter preceding lated expenses shall be authorized only for
submit to the appropriate committees of clause (i) by striking ‘‘to each remaining’’ actual expenses incurred by the Commission
Congress a report on political pressure with- and all that follows through ‘‘this para- in the course of conducting its official duties
in international forums that set standards graph’’ in clause (ii) and inserting ‘‘to carry and functions.
for fifth-generation wireless networks and out section 792’’. (ii) TREATMENT OF PAYMENTS.—Amounts
for future generations of wireless networks, received as reimbursement for expenses de-
including— SA 1829. Mr. COONS (for himself, Mr. scribed in clause (i) shall not be reported as
(i) the International Telecommunication TILLIS, Mr. MARKEY, Mr. YOUNG, Mr. income, and the expenses so reimbursed shall
Union (ITU); DURBIN, and Ms. COLLINS) submitted an not be allowed as a deduction under the In-
(ii) the International Organization for amendment intended to be proposed by ternal Revenue Code of 1986.
Standardization (ISO); him to the bill S. 4049, to authorize ap- (2) DESIGNATION OF PROFESSIONAL STAFF.—
(iii) the Inter-American Telecommuni- propriations for fiscal year 2021 for (A) IN GENERAL.—Each co-chairperson of
cation Commission (CITEL); and military activities of the Department the Commission may designate 1 profes-
(iv) the voluntary standards organizations sional staff member.
that develop protocols for wireless devices
of Defense, for military construction, (B) COMPENSATION OF SENATE EMPLOYEES.—
and other equipment, such as the 3rd Genera- and for defense activities of the De- In the case of the compensation of any pro-
tion Partnership Project (3GPP) and the In- partment of Energy, to prescribe mili- fessional staff member designated under sub-
stitute of Electrical and Electronics Engi- tary personnel strengths for such fiscal paragraph (A) who is an employee of a Mem-
neers (IEEE). year, and for other purposes; which was ber of the Senate or of a committee of the
(B) FORM.—The report submitted under ordered to lie on the table; as follows: Senate and who has been designated to per-
subparagraph (A) shall be submitted in un- At the appropriate place, insert the fol- form services for the Commission, the pro-
classified form, but may include a classified lowing: fessional staff member shall continue to be
annex. SEC. ll. SENATE HUMAN RIGHTS COMMISSION. paid by the Member or committee, as the
(2) CONSULTATION REQUIRED.—The Director (a) COMMISSION ESTABLISHMENT.— case may be, but the account from which the
and the Secretary shall carry out paragraph (1) IN GENERAL.—There is established in the professional staff member is paid shall be re-
(1) in consultation with the following: Senate the Senate Human Rights Commis- imbursed for the services of the professional
(A) The Federal Communications Commis- sion (in this section referred to as the ‘‘Com- staff member (including agency contribu-
sion. mission’’). tions when appropriate) out of funds made
(B) The Secretary of State. (2) DUTIES.—The Commission shall— available under subsection (c).
(C) The Assistant Secretary of Commerce (A) serve as a forum for bipartisan discus- (C) DUTIES.—Each professional staff mem-
for Communications and Information. sion of international human rights issues ber designated under subparagraph (A)
(D) The Secretary of Defense. and promotion of internationally recognized shall—
(E) The Director of National Intelligence. human rights as enshrined in the Universal (i) serve all members of the Commission;
(F) The Under Secretary of Commerce for Declaration of Human Rights; and
Standards and Technology. (B) raise awareness of international human (ii) carry out such other functions as the
rights violations through regular briefings co-chairperson designating the professional
SA 1828. Mr. CARPER (for himself, and hearings; and staff member may specify.
Mr. BARRASSO, Mrs. CAPITO, Mr. WHITE- (C) collaborate with the executive branch, (c) PAYMENT OF EXPENSES.—
HOUSE, Mr. CRAMER, Mr. VAN HOLLEN, human rights entities, and nongovernmental (1) IN GENERAL.—The expenses of the Com-
Mr. SULLIVAN, Mrs. GILLIBRAND, Mr. organizations to promote human rights ini- mission shall be paid from the Contingent
tiatives within the Senate. Fund of the Senate, out of the account of
BLUMENTHAL, Mr. CARDIN, and Mr. Miscellaneous Items, upon vouchers ap-
BOOKER) submitted an amendment in- (3) MEMBERSHIP.—Any Senator may be-
come a member of the Commission by sub- proved jointly by the co-chairpersons (except
tended to be proposed by him to the that vouchers shall not be required for the
mitting a written statement to that effect to
bill S. 4049, to authorize appropriations disbursement of salaries of employees who
the Commission.
for fiscal year 2021 for military activi- (4) CO-CHAIRPERSONS OF THE COMMISSION.— are paid at an annual rate of pay).
ties of the Department of Defense, for (A) IN GENERAL.—Two members of the (2) AMOUNTS AVAILABLE.—For any fiscal
military construction, and for defense Commission shall be appointed to serve as year, not more than $200,000 shall be ex-
activities of the Department of Energy, co-chairpersons of the Commission, as fol- pended for employees and expenses.
to prescribe military personnel lows:
SA 1830. Mrs. FEINSTEIN submitted
strengths for such fiscal year, and for (i) One co-chairperson shall be appointed,
and may be removed, by the majority leader an amendment intended to be proposed
other purposes; which was ordered to by her to the bill S. 4049, to authorize
of the Senate.
lie on the table; as follows: appropriations for fiscal year 2021 for
(ii) One co-chairperson shall be appointed,
At the appropriate place in title X, insert and may be removed, by the minority leader military activities of the Department
the following: of the Senate. of Defense, for military construction,
SEC. lll. DIESEL EMISSIONS REDUCTION. (B) TERM.—The term of a member as a co- and for defense activities of the De-
(a) REAUTHORIZATION OF DIESEL EMISSIONS chairperson of the Commission shall end on partment of Energy, to prescribe mili-
REDUCTION PROGRAM.—Section 797(a) of the the last day of the Congress during which the
Energy Policy Act of 2005 (42 U.S.C. 16137(a))
tary personnel strengths for such fiscal
member is appointed as a co-chairperson, un-
is amended by striking ‘‘2016’’ and inserting less the member ceases being a member of year, and for other purposes; which was
‘‘2024’’. the Senate, leaves the Commission, resigns ordered to lie on the table; as follows:
(b) RECOGNIZING DIFFERENCES IN DIESEL from the position of co-chairperson, or is re- At the appropriate place, insert the fol-
VEHICLE, ENGINE, EQUIPMENT, AND FLEET moved. lowing:
USE.— (C) PUBLICATION.—Appointments under this SEC. ll. LIMITATION OF AUTHORITY.
(1) NATIONAL GRANT, REBATE, AND LOAN PRO- paragraph shall be printed in the Congres- Section 508(a)(5) of the Controlled Sub-
GRAMS.—Section 792(c)(4)(D) of the Energy sional Record. stances Act (21 U.S.C. 878(a)(5)) is amended
Policy Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is (D) VACANCIES.—Any vacancy in the posi- by inserting before the period at the end the
amended by inserting ‘‘, recognizing dif- tion of co-chairperson of the Commission following: ‘‘, except that such authority does
ferences in typical vehicle, engine, equip- shall be filled in the same manner in which not include authority to conduct covert sur-
ment, and fleet use throughout the United the original appointment was made. veillance within the United States on an in-
States’’ before the semicolon. (b) COMMISSION STAFF.— dividual engaging in a protest, civil disobe-
(2) STATE GRANT, REBATE, AND LOAN PRO- (1) COMPENSATION AND EXPENSES.— dience, or similar act’’.
GRAMS.—Section 793(b)(1) of the Energy Pol- (A) IN GENERAL.—The Commission is au-
icy Act of 2005 (42 U.S.C. 16133(b)(1)) is thorized, from funds made available under SA 1831. Mrs. FEINSTEIN (for her-
amended— subsection (c), to— self, Mr. CORNYN, Mr. BLUMENTHAL, and
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(A) in subparagraph (B), by striking ‘‘; (i) employ such staff in the manner and at Mr. MARKEY) submitted an amendment
and’’ and inserting a semicolon; and a rate not to exceed that allowed for employ- intended to be proposed by her to the
(B) by adding at the end the following: ees of a committee of the Senate under sec-
bill S. 4049, to authorize appropriations
‘‘(D) the recognition, for purposes of imple- tion 105(e)(3) of the Legislative Branch Ap-
menting this section, of differences in typ- propriation Act, 1968 (2 U.S.C. 4575(e)(3)); and for fiscal year 2021 for military activi-
ical vehicle, engine, equipment, and fleet use (ii) incur such expenses as may be nec- ties of the Department of Defense, for
throughout the United States, including ex- essary or appropriate to carry out its duties military construction, and for defense
pected useful life; and’’. and functions. activities of the Department of Energy,
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3365
to prescribe military personnel repository under paragraph (1) in accordance porate data from previous studies conducted
strengths for such fiscal year, and for with the Surveillance, Epidemiology, and by the Air Force, the Navy, or the Marine
other purposes; which was ordered to End Results program of the National Cancer Corps that are relevant to the study under
Institute, including by disaggregating such this subsection, including data from the
lie on the table; as follows: data by race, gender, and age. comprehensive study conducted by the Air
At the end of subtitle C of title VII, add (c) STUDY.— Force identifying each military aviator and
the following: (1) IN GENERAL.—The Secretary of Defense, documenting the cancers, dates of diagnoses,
SEC. 752. DATABASE ON MILITARY AVIATORS AND in conjunction with the National Institutes and mortality of each military aviator.
STUDY ON THE INCIDENCE OF CAN- of Health and the National Cancer Institute, (d) DEFINITIONS.—In this section:
CER DIAGNOSIS AND MORTALITY
shall conduct a study on cancer among mili- (1) APPROPRIATE COMMITTEE OF CONGRESS.—
AMONG MILITARY AVIATORS.
tary aviators in two phases as provided in The term ‘‘appropriate committees of Con-
(a) FINDINGS.—Congress makes the fol-
this subsection. gress’’ means—
lowing findings: (2) PHASE 1.—
(1) It has been reported that the prevalence (A) the Committee on Armed Services and
(A) IN GENERAL.—Under the initial phase of the Committee on Veterans’ Affairs of the
of cancer is particularly high among mili- the study conducted under paragraph (1), the
tary aviators, particularly among fighter pi- Senate; and
Secretary of Defense shall determine if there (B) the Committee on Armed Services and
lots in the Air Force, Navy, and Marine is a higher incidence of cancers occurring for
Corps. the Committee on Veterans’ Affairs of the
military aviators as compared to similar age House of Representatives.
(2) There have been several alarming clus- groups in the general population through the
ters of cancer diagnoses at military installa- (2) ARMED FORCES.—The term ‘‘Armed
use of the database of the Surveillance, Epi- Forces’’—
tions, including at Naval Air Weapons Sta- demiology, and End Results program of the
tion China Lake in California and Seymour (A) has the meaning given the term
National Cancer Institute. ‘‘armed forces’’ in section 101 of title 10,
Johnson Air Force Base in North Carolina. (B) REPORT.—Not later than one year after
(3) Four commanding officers who served United States Code; and
the date on which the Secretary of Defense (B) includes the reserve components named
at Naval Air Weapons Station China Lake enters into the agreement under subsection
have died of cancer. Each officer had com- in section 10101 of such title.
(b)(1), the Secretary shall submit to the ap- (3) MILITARY AVIATOR.—The term ‘‘military
pleted thousands of flight hours in advanced propriate committees of Congress a report on
jets. aviator’’—
the findings of the initial phase of the study (A) means an aviator who served in the
(4) According to a study by the Air Force under subparagraph (A).
in 2008 titled ‘‘Cancer in Fighters’’, six pilots Armed Forces on or after February 28, 1961;
(3) PHASE 2.— and
and weapons systems officers for the F-15E (A) IN GENERAL.—If, pursuant to the initial
Strike Eagle at Seymour Johnson Air Force (B) includes any air crew member of fixed-
phase of the study under paragraph (2), the wing aircraft, including pilots, navigators,
Base, aged 33 to 43, were diagnosed with Secretary concludes that there is an in-
forms of urogenital cancers between 2002 and weapons systems operators, aircraft system
creased rate of cancers among military avi-
2005. Each officer had completed at least operators, and any other crew member who
ators, the Secretary shall conduct a second
2,100 flight hours. regularly flies in an aircraft or is required to
phase of the study under which the Sec-
(5) A study by the Air Force in 2010 re- complete the mission of the aircraft.
retary shall do the following:
ported on a cluster of seven members of the (i) Identify the carcinogenic toxins or haz-
Air Force Special Operations Command diag-
SA 1832. Mrs. FEINSTEIN (for her-
ardous materials associated with military
nosed with brain cancer among crew mem- flight operations from shipboard or land self, Mr. GRASSLEY, and Mr. SCHATZ)
bers of the C-130 between 2006 and 2009. The bases or facilities, such as fuels, fumes, and submitted an amendment intended to
individuals affected were three C-130 pilots, other liquids. be proposed by her to the bill S. 4049, to
two flight engineers, one loadmaster, and (ii) Identify the operating environments, authorize appropriations for fiscal year
one navigator assigned to different installa- including frequencies or electromagnetic 2021 for military activities of the De-
tions around the world. Overall, brain cancer fields, where exposure to ionizing radiation partment of Defense, for military con-
affects approximately 6.5 out of 100,000 peo- (associated with high altitude flight) and struction, and for defense activities of
ple in the United States annually. nonionizing radiation (associated with air-
(6) There has been no comprehensive study borne, ground, and shipboard radars) oc- the Department of Energy, to prescribe
conducted of cancer rates among military curred in which military aviators could have military personnel strengths for such
aviators. received increased radiation amounts. fiscal year, and for other purposes;
(7) One challenge of extracting findings (iii) Identify, for each military aviator, which was ordered to lie on the table;
from previous studies by the Navy or the Air duty stations, dates of service, aircraft as follows:
Force on cancer rates is that each study fo- flown, and additional duties (such as Land- At the appropriate place, insert the fol-
cused on pilots who are active duty members ing Safety Officer, Catapult and Arresting lowing:
of the Armed Forces and did not include the Gear Officer, Air Liaison Officer, or Tactical
TITLE ll—CANNABIDIOL AND
medical records of former pilots who are vet- Air Control Party) that could have increased
MARIHUANA RESEARCH EXPANSION
erans, which is the population in which can- the risk of cancer for such military aviator.
cer is surfacing. (iv) Determine locations where a military SEC. ll01. SHORT TITLE.
(8) Members of the Armed Forces who serve aviator served or additional duties of a mili- This title may be cited as the ‘‘Cannabidiol
full military careers are not likely to be tary aviator that are associated with higher and Marihuana Research Expansion Act’’.
counted in data captured by the Department incidences of cancers. SEC. ll02. DEFINITIONS.
of Veterans Affairs. Members who serve 20 (v) Identify potential exposures due to In this title—
years or more are eligible for health care service in the Armed Forces that are not re- (1) the term ‘‘appropriately registered’’
under the TRICARE program, which is man- lated to aviation, such as exposure to burn means that an individual or entity is reg-
aged by the Department of Defense. Also, pits or toxins in contaminated water, embed- istered under the Controlled Substances Act
many members pursue private sector jobs ded in the soil, or inside bases or housing. (21 U.S.C. 801 et seq.) to engage in the type of
after separating from the Armed Forces and (vi) Determine the appropriate age to activity that is carried out by the individual
receive health care outside of the Federal begin screening military aviators for cancer or entity with respect to with a controlled
Government. Those factors have made it dif- based on race, gender, flying hours, Armed substance on the schedule that is applicable
ficult to find statistics to back up the health Force, type of aircraft, and mission. to cannabidiol or marihuana, as applicable;
issues that families of military aviators are (B) DATA.—The Secretary shall format all (2) the term ‘‘cannabidiol’’ means—
experiencing. data included in the study conducted under (A) the substance, cannabidiol, as derived
(b) DATABASE.— this paragraph in accordance with the Sur- from marihuana that has a delta–9
(1) IN GENERAL.—Not later than 60 days veillance, Epidemiology, and End Results tetrahydrocannabinol level that is greater
after the date of the enactment of this Act, program of the National Cancer Institute, in- than 0.3 percent; and
the Secretary of Defense shall seek to enter cluding by disaggregating such data by race, (B) the synthetic equivalent of the sub-
into an agreement with the National Insti- gender, and age. stance described in subparagraph (A);
tutes of Health, the National Cancer Insti- (C) REPORT.—Not later than one year after (3) the terms ‘‘controlled substance’’, ‘‘dis-
tute, and the Department of Veterans Af- the submittal of the report under paragraph pense’’, ‘‘distribute’’, ‘‘manufacture’’, ‘‘mari-
fairs, under which the Secretary of Defense (2)(B), if the Secretary conducts the second huana’’, and ‘‘practitioner’’ have the mean-
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shall develop a comprehensive database and phase of the study under this paragraph, the ings given such terms in section 102 of the
repository— Secretary shall submit to the appropriate Controlled Substances Act (21 U.S.C. 802), as
(A) identifying each military aviator; and committees of Congress a report on the find- amended by this title;
(B) documenting the cancers, date of diag- ings of the study conducted under this para- (4) the term ‘‘covered institution of higher
nosis, and mortality of all such military avi- graph. education’’ means an institution of higher
ators. (4) USE OF DATA FROM PREVIOUS STUDIES.— education (as defined in section 101 of the
(2) DATA.—The Secretary of Defense shall In conducting the study under this sub- Higher Education Act of 1965 (20 U.S.C. 1001))
format all data included in the database and section, the Secretary of Defense shall incor- that—
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S3366 CONGRESSIONAL RECORD — SENATE June 25, 2020
(A)(i) has highest or higher research activ- ‘‘(II) subparagraph (A) of paragraph (1), if istered mail return receipt is returned to the
ity, as defined by the Carnegie Classification the applicable State requires practitioners registrant, or the date on which the elec-
of Institutions of Higher Education; or conducting research to register with a board tronic notification, as permitted by the At-
(ii) is an accredited medical school or an or authority described in such subparagraph torney General, is received, if the registrant
accredited school of osteopathic medicine; (A). submits to the Attorney General—
and ‘‘(iii)(I) Not later than 60 days after the ‘‘(aa) the Drug Enforcement Administra-
(B) is appropriately registered under the date on which the Attorney General receives tion registration number of the registrant;
Controlled Substances Act (21 U.S.C. 801 et a complete application for registration under ‘‘(bb) the quantity of marihuana already
seq.); this subparagraph, the Attorney General obtained;
(5) the term ‘‘drug’’ has the meaning given shall— ‘‘(cc) the quantity of additional marihuana
the term in section 201(g)(1) of the Federal ‘‘(aa) approve the application; or needed to complete the research; and
Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(bb) request supplemental information. ‘‘(dd) an attestation that the change in
321(g)(1)); ‘‘(II) For purposes of subclause (I), an ap- quantity does not impact the source of the
(6) the term ‘‘medical research for drug de- plication shall be deemed complete when the drug or the conditions under which the drug
velopment’’ means medical research that applicant has submitted documentation is stored, tracked, or administered.
is— showing that the requirements under clause ‘‘(IV) Nothing in this clause shall limit the
(A) a preclinical study or clinical inves- (i) are satisfied. authority of the Secretary of Health and
tigation conducted in accordance with sec- ‘‘(iv) Not later than 30 days after the date Human Services over requirements related
tion 505(i) of the Federal Food, Drug, and on which the Attorney General receives sup- to research protocols, including changes in—
Cosmetic Act (21 U.S.C. 355(i)) or otherwise plemental information as described in clause ‘‘(aa) the method of administration of mar-
permitted by the Department of Health and (iii)(I)(bb) in connection with an application ihuana;
Human Services to determine the potential described in this subparagraph, the Attorney ‘‘(bb) the dosing of marihuana; and
medical benefits of marihuana or General shall approve or deny the applica- ‘‘(cc) the number of individuals or patients
cannabidiol as a drug; and tion. involved in research.’’.
(B) conducted by a covered institution of ‘‘(v) If an application described in this sub- (b) REGULATIONS.—Not later than 1 year
higher education, practitioner, or manufac- paragraph is denied, the Attorney General after the date of enactment of this Act, the
turer that is appropriately registered under shall provide a written explanation of the Attorney General shall promulgate regula-
the Controlled Substances Act (21 U.S.C. 801 basis of denial to the applicant.’’. tions to carry out the amendment made by
et seq.); and SEC. ll12. RESEARCH PROTOCOLS. this section.
(7) the term ‘‘State’’ means any State of (a) IN GENERAL.—Paragraph (2)(B) of sec-
the United States, the District of Columbia, SEC. ll13. APPLICATIONS TO MANUFACTURE
tion 303 of the Controlled Substances Act (21 MARIHUANA FOR RESEARCH.
and any territory of the United States. U.S.C. 823(f), as amended by section ll11 of
Subtitle A—Registrations for Marihuana this title, is further amended by adding at (a) IN GENERAL.—Section 303 of the Con-
Research the end the following: trolled Substances Act (21 U.S.C. 823) is
‘‘(vi)(I) If the Attorney General grants an amended—
SEC. ll11. MARIHUANA RESEARCH APPLICA-
TIONS. application for registration under clause (i), (1) by redesignating subsections (c)
the registrant may amend or supplement the through (k) as subsections (d) through (l), re-
Section 303(f) of the Controlled Substances
research protocol without reapplying if the spectively;
Act (21 U.S.C. 823(f)) is amended—
registrant does not change— (2) by inserting after subsection (b) the fol-
(1) by redesignating paragraphs (1) through
‘‘(aa) the quantity or type of drug; lowing:
(5) as subparagraphs (A) through (E), respec-
tively; ‘‘(bb) the source of the drug; or ‘‘(c)(1)(A) As it relates to applications to
(2) by striking ‘‘(f) The Attorney General’’ ‘‘(cc) the conditions under which the drug manufacture marihuana for research pur-
and inserting ‘‘(f)(1) The Attorney General’’; is stored, tracked, or administered. poses, if the Attorney General places a no-
(3) by striking ‘‘Registration applications’’ ‘‘(II)(aa) If a registrant under clause (i) tice in the Federal Register to increase the
and inserting the following: seeks to change the type of drug, the source number of entities registered under this Act
‘‘(2)(A) Registration applications’’; of the drug, or conditions under which the to manufacture marihuana to supply appro-
(4) by striking ‘‘Article 7’’ and inserting drug is stored, tracked, or administered, the priately registered researchers in the United
the following: registrant shall notify the Attorney General States, the Attorney General shall, not later
‘‘(3) Article 7’’; and via registered mail, or an electronic means than 60 days after the date on which the At-
(5) by inserting after paragraph (2)(A), as permitted by the Attorney General, not later torney General receives a completed applica-
so designated, the following: than 30 days before implementing an amend- tion—
‘‘(B)(i) The Attorney General shall register ed or supplemental research protocol. ‘‘(i) approve the application; or
a practitioner to conduct research with mar- ‘‘(bb) A registrant may proceed with an ‘‘(ii) request supplemental information.
ihuana if— amended or supplemental research protocol ‘‘(B) For purposes of subparagraph (A), an
‘‘(I) the applicant’s research protocol— described in item (aa) if the Attorney Gen- application shall be deemed complete when
‘‘(aa) has been reviewed and allowed— eral does not explicitly object during the 30- the applicant has submitted documentation
‘‘(AA) by the Secretary of Health and day period beginning on the date on which showing each of the following:
Human Services under section 505(i) of the the Attorney General receives the notice ‘‘(i) The requirements designated in the no-
Federal Food, Drug, and Cosmetic Act (21 under item (aa). tice in the Federal Register are satisfied.
U.S.C. 355(i)); ‘‘(cc) The Attorney General may only ob- ‘‘(ii) The requirements under this Act are
‘‘(BB) by the National Institutes of Health ject to an amended or supplemental research satisfied.
or another Federal agency that funds sci- protocol under this subclause if additional ‘‘(iii) The applicant will limit the transfer
entific research; or security measures are needed to safeguard and sale of any marihuana manufactured
‘‘(CC) pursuant to sections 1301.18 and against diversion or abuse. under this subsection—
1301.32 of title 21, Code of Federal Regula- ‘‘(dd) If a registrant under clause (i) seeks ‘‘(I) to researchers who are registered
tions, or any successors thereto; and to address additional security measures iden- under this Act to conduct research with con-
‘‘(II) the applicant has demonstrated to the tified by the Attorney General under item trolled substances in schedule I; and
Attorney General that there are effective (cc), the registrant shall notify the Attorney ‘‘(II) for purposes of use in preclinical re-
procedures in place to adequately safeguard General via registered mail, or an electronic search or in a clinical investigation pursuant
against diversion of the controlled substance means permitted by the Attorney General, to an investigational new drug exemption
for legitimate medical or scientific use pur- not later than 30 days before implementing under 505(i) of the Federal Food, Drug, and
suant to section ll15 of the Cannabidiol an amended or supplemental research pro- Cosmetic Act (21 U.S.C. 355(i)).
and Marihuana Research Expansion Act, in- tocol. ‘‘(iv) The applicant will transfer or sell any
cluding demonstrating that the security ‘‘(ee) A registrant may proceed with an marihuana manufactured under this sub-
measures are adequate for storing the quan- amended or supplemental research protocol section only with prior, written consent for
tity of marihuana the applicant would be au- described in item (dd) if the Attorney Gen- the transfer or sale by the Attorney General.
thorized to possess. eral does not explicitly object during the 30- ‘‘(v) The applicant has completed the ap-
‘‘(ii) The Attorney General may deny an day period beginning on the date on which plication and review process under sub-
application for registration under this sub- the Attorney General receives the notice section (a) for the bulk manufacture of con-
SSpencer on DSK126QN23PROD with SENATE
paragraph only if the Attorney General de- under item (dd). trolled substances in schedule I.
termines that the issuance of the registra- ‘‘(III) If a registrant under clause (i) seeks ‘‘(vi) The applicant has established and
tion would be inconsistent with the public to change the quantity of marihuana needed begun operation of a process for storage and
interest. In determining the public interest, for research and the change in quantity does handling of controlled substances in schedule
the Attorney General shall consider the fac- not impact the factors described in item (bb) I, including for inventory control and moni-
tors listed in— or (cc) of subclause (I) of this clause, the toring security in accordance with section
‘‘(I) subparagraphs (B) through (E) of para- change shall be deemed approved by the At- ll15 of the Cannabidiol and Marihuana Re-
graph (1); and torney General on the date on which the reg- search Expansion Act.
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3367
‘‘(vii) The applicant is licensed by each (b) REQUIREMENTS FOR OTHER MEASURES.— ‘‘(A) import into the customs territory of
State in which the applicant will conduct op- Any other security measures required by the the United States from any place outside
erations under this subsection, to manufac- Attorney General to safeguard against diver- thereof (but within the United States), or
ture marihuana, if that State requires such a sion shall be consistent with those required import into the United States from any
license. for practitioners conducting research on place outside thereof, any controlled sub-
‘‘(C) Not later than 30 days after the date other controlled substances in schedules I stance or list I chemical, or
on which the Attorney General receives sup- and II in section 202(c) of the Controlled Sub- ‘‘(B) export from the United States any
plemental information requested under sub- stances Act (21 U.S.C. 812(c)) that have a controlled substance or list I chemical,
paragraph (A)(ii) with respect to an applica- similar risk of diversion and abuse. unless there is in effect with respect to such
tion, the Attorney General shall approve or SEC. ll16. PROHIBITION AGAINST REINSTATING person a registration issued by the Attorney
deny the application. INTERDISCIPLINARY REVIEW PROC- General under section 1008, or unless such
‘‘(2) If an application described in this sub- ESS FOR NON-NIH FUNDED RE- person is exempt from registration under
SEARCHERS.
section is denied, the Attorney General shall subsection (b).
provide a written explanation of the basis of The Secretary of Health and Human Serv- ‘‘(2) Paragraph (1) shall not apply to the
denial to the applicant.’’; ices may not— import or export of marihuana or
(3) in subsection (h)(2), as so redesignated, (1) reinstate the Public Health Service cannabidiol (as defined in section ll02 of
by striking ‘‘subsection (f)’’ each place it ap- interdisciplinary review process described in the Cannabidiol and Marihuana Research Ex-
pears and inserting ‘‘subsection (g)’’; the guidance entitled ‘‘Guidance on Proce- pansion Act) that has been approved for—
(4) in subsection (j)(1), as so redesignated, dures for the Provision of Marijuana for ‘‘(A) medical research for drug develop-
by striking ‘‘subsection (d)’’ and inserting Medical Research’’ (issued on May 21, 1999); ment authorized under section ll21 of the
‘‘subsection (e)’’; and or Cannabidiol and Marihuana Research Expan-
(5) in subsection (k), as so redesignated, by (2) require another review of scientific pro- sion Act; or
striking ‘‘subsection (f)’’ each place it ap- tocols that is applicable only to research on ‘‘(B) use by registered manufacturers to
pears and inserting ‘‘subsection (g)’’. marihuana or its components. manufacture drugs containing marihuana or
(b) TECHNICAL AND CONFORMING AMEND- Subtitle B—Development of FDA-approved cannabidiol that have been approved for use
MENTS.— Drugs Using Cannabidiol and Marihuana by the Commissioner of Food and Drugs
(1) The Controlled Substances Act (21 SEC. ll21. MEDICAL RESEARCH ON under the Federal Food, Drug, and Cosmetic
U.S.C. 801 et seq.) is amended— CANNABIDIOL. Act (21 U.S.C. 301 et seq.).’’.
(A) in section 102 (21 U.S.C. 802)— Notwithstanding any provision of the Con- Subtitle C—Doctor-patient Relationship
(i) in paragraph (16)(B)— trolled Substances Act (21 U.S.C. 801 et seq.),
SEC. ll31. DOCTOR-PATIENT RELATIONSHIP.
(I) in clause (i), by striking ‘‘or’’ at the the Safe and Drug-Free Schools and Commu-
It shall not be a violation of the Controlled
end; nities Act (20 U.S.C. 7101 et seq.), chapter 81
Substances Act (21 U.S.C. 801 et seq.) for a
(II) by redesignating clause (ii) as (iii); and of title 41, United States Code, or any other
State-licensed physician to discuss—
(III) by inserting after clause (i) the fol- Federal law, an appropriately registered cov-
(1) the currently known potential harms
lowing: ered institution of higher education, a prac-
and benefits of marihuana derivatives, in-
‘‘(ii) the synthetic equivalent of hemp-de- titioner, or a manufacturer may manufac-
cluding cannabidiol, as a treatment with the
rived cannabidiol that contains less than 0.3 ture, distribute, dispense, or possess mari-
legal guardian of the patient of the physician
percent tetrahydrocannabinol; or’’; huana or cannabidiol if the marihuana or
if the patient is a child; or
(ii) in paragraph (52)(B)— cannabidiol is manufactured, distributed,
(2) the currently known potential harms
(I) by striking ‘‘303(f)’’ each place it ap- dispensed, or possessed, respectively, for pur-
and benefits of marihuana and marihuana
pears and inserting ‘‘303(g)’’; and poses of medical research for drug develop-
derivatives, including cannabidiol, as a
(II) in clause (i), by striking ‘‘(d), or (e)’’ ment or subsequent commercial production
treatment with the patient or the legal
and inserting ‘‘(e), or (f)’’; and in accordance with section ll22.
guardian of the patient of the physician if
(iii) in paragraph (54), by striking ‘‘303(f)’’ SEC. ll22. REGISTRATION FOR THE COMMER-
CIAL PRODUCTION AND DISTRIBU-
the patient is a legal adult.
each place it appears and inserting ‘‘303(g)’’;
TION OF FOOD AND DRUG ADMINIS- Subtitle D—Federal Research
(B) in section 304 (21 U.S.C. 824), by strik-
TRATION APPROVED DRUGS. SEC. ll41. FEDERAL RESEARCH.
ing ‘‘303(g)(1)’’ each place it appears and in-
The Attorney General shall register an ap- (a) IN GENERAL.—Not later than 1 year
serting ‘‘303(h)(1)’’;
plicant to manufacture or distribute after the date of enactment of this Act, the
(C) in section 307(d)(2) (21 U.S.C. 827(d)(2)),
cannabidiol or marihuana for the purpose of Secretary of Health and Human Services, in
by striking ‘‘303(f)’’ and inserting ‘‘303(g)’’;
commercial production of a drug containing coordination with the Director of the Na-
(D) in section 311(h) (21 U.S.C. 831(h)), by
or derived from marihuana that is approved tional Institutes of Health and the heads of
striking ‘‘303(f)’’ each place it appears and
by the Secretary of Health and Human Serv- other relevant Federal agencies, shall sub-
inserting ‘‘303(g)’’;
ices under section 505 of the Federal Food, mit to the Caucus on International Narcotics
(E) in section 401(h)(2) (21 U.S.C. 841(h)(2)),
Drug, and Cosmetic Act (21 U.S.C. 355), in ac- Control, the Committee on the Judiciary,
by striking ‘‘303(f)’’ each place it appears and and the Committee on Health, Education,
cordance with the applicable requirements
inserting ‘‘303(g)’’; Labor, and Pensions of the Senate and the
under subsection (a) or (b) of section 303 of
(F) in section 403(c)(2)(B) (21 U.S.C. Committee on Energy and Commerce and the
the Controlled Substances Act (21 U.S.C.
843(c)(2)(B)), by striking ‘‘303(f)’’ and insert- Committee on the Judiciary of the House of
823).
ing ‘‘303(g)’’; and Representatives a report on—
SEC. ll23. IMPORTATION OF CANNABIDIOL FOR
(G) in section 512(c)(1) (21 U.S.C. 882(c)(1)) RESEARCH PURPOSES. (1) the potential therapeutic effects of
by striking ‘‘303(f)’’ and inserting ‘‘303(g)’’. The Controlled Substances Import and Ex- cannabidiol or marihuana on serious medical
(2) Section 1008(c) of the Controlled Sub- port Act (21 U.S.C. 951 et seq.) is amended— conditions, including intractable epilepsy;
stances Import and Export Act (21 U.S.C. (1) in section 1002(a) (21 U.S.C. 952(a))— (2) the potential effects of marihuana, in-
958(c)) is amended— (A) in paragraph (1), by striking ‘‘and’’ at cluding—
(A) in paragraph (1), by striking ‘‘303(d)’’ the end; (A) the effect of increasing delta-9-
and inserting ‘‘303(e)’’; and (B) in paragraph (2)(C), by inserting ‘‘and’’ tetrahydrocannabinol levels on the human
(B) in paragraph (2)(B), by striking after ‘‘uses,’’; and body and developing adolescent brains; and
‘‘303(h)’’ and inserting ‘‘303(i)’’. (C) inserting before the undesignated mat- (B) the effect of various delta-9-
(3) Title V of the Public Health Service Act ter following paragraph (2)(C) the following: tetrahydrocannabinol levels on cognitive
(42 U.S.C. 290aa et seq.) is amended— ‘‘(3) such amounts of marihuana or abilities, such as those that are required to
(A) in section 520E–4(c) (42 U.S.C. 290bb– cannabidiol (as defined in section ll02 of operate motor vehicles or other heavy equip-
36d(c)), by striking ‘‘303(g)(2)(B)’’ and insert- the Cannabidiol and Marihuana Research Ex- ment; and
ing ‘‘303(h)(2)(B)’’; and pansion Act) as are— (3) the barriers associated with researching
(B) in section 544(a)(3) (42 U.S.C. 290dd– ‘‘(A) approved for medical research for marihuana or cannabidiol in States that
3(a)(3)), by striking ‘‘303(g)’’ and inserting drug development (as such terms are defined have legalized the use of such substances,
‘‘303(h)’’. in section ll02 of the Cannabidiol and Mar- which shall include—
SEC. ll14. ADEQUATE AND UNINTERRUPTED ihuana Research Expansion Act), or (A) recommendations as to how such bar-
SUPPLY. riers might be overcome, including whether
‘‘(B) necessary for registered manufactur-
On an annual basis, the Attorney General ers to manufacture drugs containing mari- public-private partnerships or Federal-State
SSpencer on DSK126QN23PROD with SENATE
shall assess whether there is an adequate and huana or cannabidiol that have been ap- research partnerships may or should be im-
uninterrupted supply of marihuana, includ- proved for use by the Commissioner of Food plemented to provide researchers with access
ing of specific strains, for research purposes. and Drugs under the Federal Food, Drug, and to additional strains of marihuana and
SEC. ll15. SECURITY REQUIREMENTS. Cosmetic Act (21 U.S.C. 301 et seq.),’’; and cannabidiol; and
(a) IN GENERAL.—An individual or entity (2) in section 1007 (21 U.S.C. 957), by amend- (B) recommendations as to what safe-
engaged in researching marihuana or its ing subsection (a) to read as follows: guards must be in place to verify—
components shall store it in a securely ‘‘(a)(1) Except as provided in paragraph (2), (i) the levels of tetrahydrocannabinol,
locked, substantially constructed cabinet. no person may— cannabidiol, or other cannabinoids contained
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S3368 CONGRESSIONAL RECORD — SENATE June 25, 2020
in products obtained from such States is ac- and for defense activities of the De- standards, including with respect to haz-
curate; and partment of Energy, to prescribe mili- ardous materials and land line surveys.
(ii) that such products do not contain tary personnel strengths for such fiscal (g) COSTS OF CONVEYANCE.—As a condition
harmful or toxic components. of the conveyance of the Federal land under
(b) ACTIVITIES.—To the extent practicable, year, and for other purposes; which was this section, any costs related to the ex-
the Secretary of Health and Human Services, ordered to lie on the table; as follows: change under this section shall be paid by
either directly or through awarding grants, At the appropriate place, insert the fol- the County.
contacts, or cooperative agreements, shall lowing: (h) MANAGEMENT OF ACQUIRED LANDS.—The
expand and coordinate the activities of the SEC. ll. LAND EXCHANGE, SAN BERNARDINO Secretary shall manage the non-Federal land
National Institutes of Health and other rel- COUNTY, CALIFORNIA. acquired under this section in accordance
evant Federal agencies to better determine (a) DEFINITIONS.—In this section: with—
the effects of cannabidiol and marihuana, as (1) COUNTY.—The term ‘‘County’’ means (1) the Act of March 1, 1911 (commonly
outlined in the report submitted under para- the County of San Bernardino, California. known as the ‘‘Weeks Law’’) (36 Stat. 961,
graphs (1) and (2) of subsection (a). (2) FEDERAL LAND.—The term ‘‘Federal chapter 186; 16 U.S.C. 552 et seq.); and
land’’ means the approximately 73 acres of (2) other laws and regulations applicable to
SA 1833. Mrs. FEINSTEIN submitted Federal land generally depicted as ‘‘Federal National Forest System land.
an amendment intended to be proposed Land Proposed for Exchange’’ on the map en- (i) PACIFIC CREST NATIONAL SCENIC TRAIL
by her to the bill S. 4049, to authorize titled ‘‘Big Bear Land Exchange’’ and dated RELOCATION.—Not later than 3 years after
appropriations for fiscal year 2021 for August 6, 2018. the date of enactment of this Act, the Sec-
(3) NON-FEDERAL LAND.—The term ‘‘non- retary, in accordance with applicable laws,
military activities of the Department Federal land’’ means the approximately 71 shall relocate the portion of the Pacific
of Defense, for military construction, acres of land owned by the County generally Crest National Scenic Trail located on the
and for defense activities of the De- depicted as ‘‘Non-Federal Land Proposed for Federal land—
partment of Energy, to prescribe mili- Exchange’’ on the map referred to in para- (1) to adjacent National Forest System
tary personnel strengths for such fiscal graph (2). land;
year, and for other purposes; which was (4) SECRETARY.—The term ‘‘Secretary’’ (2) to land owned by the County, subject to
ordered to lie on the table; as follows: means the Secretary of Agriculture. County approval;
(b) EXCHANGE AUTHORIZED.—Subject to (3) to land within the Federal land, subject
At the end of subtitle D of title IX, add the
valid existing rights and this section, not to County approval; or
following:
later than 1 year after the date on which the (4) in a manner that combines 2 or more of
SEC. 952. LIMITATION ON CONSOLIDATION OR
portion of the Pacific Crest National Scenic the options described in paragraphs (1), (2),
TRANSITION TO ALTERNATIVE CON-
TENT DELIVERY METHODS WITHIN Trail is relocated in accordance with sub- and (3).
THE DEFENSE MEDIA ACTIVITY. section (i), if the County offers to convey the (j) MAP AND LEGAL DESCRIPTIONS.—
(a) IN GENERAL.—No consolidation or tran- non-Federal land to the United States, the (1) IN GENERAL.—As soon as practicable
sition to alternative content delivery meth- Secretary shall— after the date of enactment of this Act, the
ods may occur within the Defense Media Ac- (1) convey to the County all right, title, Secretary shall prepare a map and legal de-
tivity until 180 days after the Secretary of and interest of the United States in and to scriptions of all land to be conveyed under
Defense submits to the congressional defense the Federal land; and this section.
committees the report that includes a cer- (2) accept from the County a conveyance of (2) CORRECTIONS.—The Secretary may cor-
tification, in detail, that such consolidation all right, title, and interest of the County in rect any minor errors in the map or in the
or transition to alternative content delivery and to the non-Federal land. legal descriptions prepared under paragraph
methods within shall not— (c) EQUAL VALUE AND CASH EQUALIZATION.— (1).
(1) compromise safety and security of (1) EQUAL VALUE EXCHANGE.— (3) PUBLIC AVAILABILITY.—The map and
members of the Armed Forces and their fam- (A) IN GENERAL.—The land exchange under legal descriptions prepared under paragraph
ilies; this section shall be for equal value, or the (1) shall be on file and available for public in-
(2) compromise the cybersecurity or secu- values of the land exchanged under this sec- spection in appropriate offices of the Forest
rity of content delivery to members of the tion shall be equalized by— Service.
Armed Forces, whether through— (i) a cash payment in accordance with this
(A) inherent vulnerabilities in the content subsection; or SA 1835. Mrs. FEINSTEIN submitted
delivery method concerned; (ii) an adjustment in acreage.
(B) GIFT.—At the option of the County, any
an amendment intended to be proposed
(B) vulnerabilities in the personal devices by her to the bill S. 4049, to authorize
used by members; or amount by which the value of the non-Fed-
eral land exceeds the value of the Federal appropriations for fiscal year 2021 for
(C) vulnerabilities in the receivers or
streaming devices necessary to accommo- land may be considered a gift to the United military activities of the Department
date the alternative content delivery meth- States. of Defense, for military construction,
od; (2) CASH EQUALIZATION PAYMENT.—The and for defense activities of the De-
(3) increase monetary costs or personal fi- County may equalize the values of the land partment of Energy, to prescribe mili-
nancial liabilities to members of the Armed to be exchanged under this section by cash tary personnel strengths for such fiscal
Forces or their families, whether through payment without regard to any statutory
limitation on the amount of such a cash
year, and for other purposes; which was
monthly subscription fees or other tolls re- ordered to lie on the table; as follows:
quired to access digital content; and equalization payment.
(4) impede access to content due to band- (3) DEPOSIT AND USE OF FUNDS RECEIVED At the end of title X, add the following:
width or other technical limitations where FROM COUNTY.—Any cash equalization pay- SEC. 1ll. LAND CONVEYANCE, OVER-THE-HORI-
ment received by the Secretary under this ZON BACKSCATTER RADAR SYSTEM
members of the Armed Forces receive con- RECEIVING STATION, MODOC COUN-
tent. subsection shall—
(A) be deposited in the fund established TY, CALIFORNIA.
(b) DEFINITIONS.—In this section:
under Public Law 90–171 (commonly known (a) CONVEYANCE REQUIRED.—Subject to sub-
(1) ALTERNATIVE CONTENT DELIVERY.—The
as the ‘‘Sisk Act’’) (16 U.S.C. 484a); and sections (c), (d), and (e), the Secretary of Ag-
term ‘‘alternative content delivery’’ means
(B) remain available to the Secretary, riculture (referred to in this section as the
any method of the Defense Media Activity
until expended, for the acquisition of land, ‘‘Secretary’’) shall offer to convey to Modoc
for the delivery of digital content that is dif-
water, and interests in land for the San County, California (referred to in this sec-
ferent from a method used by the Activity at
Bernardino National Forest. tion as the ‘‘County’’), all right, title, and
a cost as of the date of the enactment of this
(d) APPRAISAL.—The Secretary shall com- interest of the United States in and to a par-
Act.
plete an appraisal of the land to be ex- cel of National Forest System land, includ-
(2) CONSOLIDATION.—The term ‘‘consolida-
changed under this section in accordance ing improvements thereon, consisting of ap-
tion’’, in the case of the Defense Media Ac-
with— proximately 927 acres in Modoc National
tivity, means any action to reduce or limit
(1) the Uniform Appraisal Standards for Forest in the State of California and con-
the functions, personnel, facilities, or capa-
Federal Land Acquisitions; and taining an obsolete Over-the-Horizon
bilities of the Activity, including entering
(2) the Uniform Standards of Professional Backscatter Radar System receiving station
into contracts or developing plans for such
established on the parcel pursuant to a
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reduction or limitation. Appraisal Practice.
(e) TITLE APPROVAL.—Title to the land to memorandum of agreement between the De-
SA 1834. Mrs. FEINSTEIN submitted be exchanged under this section shall be in a partment of the Air Force and the Forest
format acceptable to the Secretary and the Service dated May 18 and 23, 1987.
an amendment intended to be proposed
County. (b) PURPOSES OF CONVEYANCE.—The pur-
by her to the bill S. 4049, to authorize (f) SURVEY OF NON-FEDERAL LAND.—Before poses of the conveyance under subsection (a)
appropriations for fiscal year 2021 for completing the exchange under this section, are to preserve and utilize the improvements
military activities of the Department the Secretary shall inspect the non-Federal constructed on the parcel of National Forest
of Defense, for military construction, land to ensure that the land meets Federal System land described in that subsection and
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3369
to permit the County to use the conveyed standing the conveyance of the parcel of Na- (A) is capable of absorbing or converting
property, including improvements thereon, tional Forest System land described in sub- energy, storing the energy for a period of
for the development of renewable energy, in- section (a), the Secretary of the Air Force time, and dispatching the energy; and
cluding solar and biomass cogeneration. shall be responsible for the remediation of (B)(i) uses mechanical, electrochemical,
(c) CONSIDERATION.—As consideration for any environmental contamination that is— thermal, electrolysis, or other processes to
the conveyance under subsection (a), the (A) discovered after that conveyance; and convert and store electric energy that was
County shall provide the United States with (B) attributed to Air Force occupancy of generated at an earlier time for use at a
consideration in an amount that is accept- and operations on the parcel before that con- later time; or
able to the Secretary, whether by cash pay- veyance. (ii) stores energy in an electric, thermal,
ment, in-kind consideration, or a combina- (h) DESCRIPTION OF PROPERTY.—The exact or gaseous state for direct use for heating or
tion thereof. acreage and legal description of the property cooling at a later time in a manner that
(d) APPRAISAL.— to be conveyed under subsection (a) shall be avoids the need to use electricity or other
(1) APPRAISAL REQUIRED.—Not later than determined by a survey satisfactory to the fuel sources at that later time, such as a
180 days after the date of enactment of this Secretary. grid-enabled water heater.
Act, the Secretary shall conduct an ap- (i) COMPLIANCE WITH ENVIRONMENTAL (3) NATIONAL LABORATORY.—The term ‘‘Na-
praisal to determine the fair market value of LAWS.—Nothing in this section affects or tional Laboratory’’ has the meaning given
the National Forest System land to be con- limits the application of or obligation to the term in section 2 of the Energy Policy
veyed under subsection (a). comply with any environmental law, includ- Act of 2005 (42 U.S.C. 15801).
(2) STANDARDS.—The appraisal under para- ing— (4) SECRETARY.—The term ‘‘Secretary’’
graph (1) shall be conducted in accordance (1) the Comprehensive Environmental Re- means the Secretary of Energy.
with— sponse, Compensation, and Liability Act of
(b) ENERGY STORAGE SYSTEM RESEARCH,
(A) the Uniform Appraisal Standards for 1980 (42 U.S.C. 9601 et seq.); and
DEVELOPMENT, AND DEPLOYMENT PROGRAM.—
Federal Land Acquisition; and (2) the Solid Waste Disposal Act (42 U.S.C.
(1) ESTABLISHMENT.—Not later than 180
(B) the Uniform Standards of Professional 6901 et seq.).
days after the date of enactment of this Act,
Appraisal Practice.
(e) RESERVATION OF EASEMENT RELATED TO SA 1836. Mrs. FEINSTEIN submitted the Secretary shall establish a program, to
CONTINUED USE OF WATER WELLS.—The con- be known as the ‘‘Energy Storage System
an amendment intended to be proposed Research, Development, and Deployment
veyance required by subsection (a) shall be by her to the bill S. 4049, to authorize
conditioned on the reservation of an ease- Program’’ (referred to in this subsection as
appropriations for fiscal year 2021 for the ‘‘program’’).
ment by the Secretary, subject to such terms
and conditions as the Secretary determines military activities of the Department (2) INITIAL PROGRAM OBJECTIVES.—The pro-
to be appropriate, necessary to provide ac- of Defense, for military construction, gram shall focus on research, development,
cess for use authorized by the Secretary of and for defense activities of the De- and deployment of—
the 4 water wells in existence on the date of partment of Energy, to prescribe mili- (A) energy storage systems designed to fur-
enactment of this Act and associated water tary personnel strengths for such fiscal ther the development of technologies—
conveyance infrastructure on the parcel of (i) for large-scale commercial deployment;
year, and for other purposes; which was (ii) for deployment at cost targets estab-
National Forest System land to be conveyed.
(f) PAYMENT OF COSTS OF CONVEYANCE.—
ordered to lie on the table; as follows: lished by the Secretary;
(1) PAYMENT REQUIRED.— At the end of subtitle G of title X, add the (iii) for hourly and subhourly durations re-
(A) IN GENERAL.—As a condition on the following: quired to provide reliability services to the
conveyance required by subsection (a), the SEC. 10lll. PROHIBITED USES OF ACQUIRED, grid;
DONATED, AND CONSERVATION (iv) for daily durations, which have—
Secretary shall require the County to cover
LAND.
costs (except costs for environmental reme- (I) the capacity to discharge energy for a
Section 714(a) of the California Desert Pro- minimum of 6 hours; and
diation of the property) to be incurred by the
tection Act of 1994 (16 U.S.C. 410aaa–81c(a)) is (II) a system lifetime of at least 20 years
Secretary, or to reimburse the Secretary for
amended by striking paragraph (3) and in- under regular operation;
those costs incurred by the Secretary, to
serting the following: (v) for weekly or monthly durations, which
carry out the conveyance, including—
‘‘(3) CONSERVATION LAND.—The term ‘con- have—
(i) survey costs;
servation land’ means— (I) the capacity to discharge energy for 10
(ii) costs for environmental documenta-
‘‘(A) any land within the Conservation to 100 hours, at a minimum; and
tion; and
Area that is designated to satisfy the condi- (II) a system lifetime of at least 20 years
(iii) any other administrative costs related
tions of a Federal habitat conservation plan, under regular operation; and
to the conveyance.
general conservation plan, or State natural (vi) for seasonal durations, which have—
(B) REFUND.—If the Secretary collects
communities conservation plan; (I) the capability to address seasonal vari-
amounts from the County in advance of the
‘‘(B) any national conservation land within ations in supply and demand; and
Secretary incurring the actual costs de-
the Conservation Area established pursuant (II) a system lifetime of at least 20 years
scribed in subparagraph (A), and the amount
to section 2002(b)(2)(D) of the Omnibus Public under regular operation;
collected exceeds the costs actually incurred
Land Management Act of 2009 (16 U.S.C. (B) distributed energy storage technologies
by the Secretary to carry out the convey-
7202(b)(2)(D)); and and applications, including building-grid in-
ance, the Secretary shall refund the excess
‘‘(C) any area of critical environmental tegration;
amount to the County.
concern within the Conservation Area estab- (C) transportation energy storage tech-
(2) TREATMENT OF AMOUNTS RECEIVED.—
lished pursuant to section 202(c)(3) of the nologies and applications, including vehicle-
Amounts received as reimbursement under
Federal Land Policy and Management Act of grid integration;
paragraph (1) shall be—
1976 (43 U.S.C. 1712(c)(3)).’’. (D) cost-effective systems and methods
(A) credited to the fund or account that
was used to cover the costs described in that for—
SA 1837. Ms. COLLINS (for herself (i) the reclamation, recycling, and disposal
paragraph incurred by the Secretary in car-
rying out the conveyance;
and Mr. HEINRICH) submitted an of energy storage materials, including lith-
(B) merged with amounts in the fund or ac- amendment intended to be proposed by ium, cobalt, nickel, and graphite; and
count described in subparagraph (A); and her to the bill S. 4049, to authorize ap- (ii) the reuse and repurposing of energy
(C) available for the same purposes, and propriations for fiscal year 2021 for storage system technologies;
subject to the same conditions and limita- military activities of the Department (E) advanced control methods for energy
tions, as amounts in the fund or account de- of Defense, for military construction, storage systems;
scribed in subparagraph (A). and for defense activities of the De- (F) pumped hydroelectric energy storage
(g) ENVIRONMENTAL REMEDIATION.— systems to advance—
(1) IN GENERAL.—To expedite the convey-
partment of Energy, to prescribe mili- (i) adoption of innovative technologies, in-
ance of the parcel of National Forest System tary personnel strengths for such fiscal cluding—
land described in subsection (a), including year, and for other purposes; which was (I) adjustable-speed, ternary, and other
improvements thereon, environmental reme- ordered to lie on the table; as follows: new pumping and generating equipment de-
diation of the land by the Department of the At the end of subtitle B of title III, add the signs;
Air Force shall be limited to— following: (II) modular systems;
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(A) the removal of the perimeter wooden SEC. 3ll. BETTER ENERGY STORAGE TECH- (III) closed-loop systems, including mines
fence, which was treated with an arsenic- NOLOGY. and quarries; and
based weatherproof coating; and (a) DEFINITIONS.—In this section: (IV) other critical equipment and mate-
(B) treatment of soil affected by leaching (1) DEPARTMENT.—The term ‘‘Department’’ rials for pumped hydroelectric energy stor-
of the chemical described in subparagraph means the Department of Energy. age, as determined by the Secretary; and
(A). (2) ENERGY STORAGE SYSTEM.—The term (ii) reductions of equipment costs, civil
(2) POTENTIAL FUTURE ENVIRONMENTAL RE- ‘‘energy storage system’’ means any system, works costs, and construction times for
MEDIATION RESPONSIBILITIES.—Notwith- equipment, facility, or technology that— pumped hydroelectric energy storage
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S3370 CONGRESSIONAL RECORD — SENATE June 25, 2020
projects, with the goal of reducing those strategic plan developed under subparagraph (C) SELECTION REQUIREMENTS.—In selecting
costs by 50 percent; (A). eligible entities to receive a grant under sub-
(G) models and tools to demonstrate the (D) UPDATES TO PLAN.—The Secretary— paragraph (B), the Secretary shall, to the
benefits of energy storage to— (i) shall annually review the strategic plan maximum extent practicable—
(i) power and water supply systems; developed under subparagraph (A); and (i) ensure regional diversity among eligible
(ii) electric generation portfolio optimiza- (ii) may periodically revise the strategic entities awarded grants, including ensuring
tion; and plan as appropriate. participation of eligible entities that are
(iii) expanded deployment of other renew- (6) LEVERAGING OF RESOURCES.—The pro- rural States and States with high energy
able energy technologies, including in hybrid gram may be led by a specific office of the costs;
energy storage systems; and Department, but shall be cross-cutting in na- (ii) ensure that grants are awarded for
(H) energy storage use cases from indi- ture, so that in carrying out activities under demonstration projects that—
vidual and combination technology applica- the program, the Secretary (or a designee of (I) expand on the existing technology dem-
tions, including value from various-use cases the Secretary charged with leading the pro- onstration programs of the Department;
and energy storage services. gram) shall leverage existing Federal re- (II) are designed to achieve 1 or more of the
(3) TESTING AND VALIDATION.—In coordina- sources, including, at a minimum, the exper- objectives described in subparagraph (D); and
tion with 1 or more National Laboratories, tise and resources of— (III) inject or withdraw energy from the
the Secretary shall accelerate the develop- (A) the Office of Electricity Delivery and bulk power system, electric distribution sys-
ment, standardized testing, and validation of Energy Reliability; tem, building energy system, or microgrid
(B) the Office of Energy Efficiency and Re- (grid-connected or islanded mode) where the
energy storage systems under the program
newable Energy, including the Water Power project is located; and
by developing testing and evaluation meth-
Technologies Office; and (iii) give consideration to proposals from
odologies for—
(C) the Office of Science, including— eligible entities for securing energy storage
(A) storage technologies, controls, and
(i) the Basic Energy Sciences Program; through competitive procurement or con-
power electronics for energy storage systems
(ii) the Advanced Scientific Computing Re- tract for service.
under a variety of operating conditions;
search Program; (D) OBJECTIVES.—Each demonstration
(B) standardized and grid performance test-
(iii) the Biological and Environmental Re- project carried out by a grant awarded under
ing for energy storage systems, materials, subparagraph (B) shall have 1 or more of the
and technologies during each stage of devel- search Program; and
(D) the Electricity Storage Research Ini- following objectives:
opment, beginning with the research stage (i) To improve the security of critical in-
and ending with the deployment stage; tiative established under section 975 of the
Energy Policy Act of 2005 (42 U.S.C. 16315). frastructure and emergency response sys-
(C) reliability, safety, and durability test- tems.
ing under standard and evolving duty cycles; (7) PROTECTING PRIVACY AND SECURITY.—In
carrying out this subsection, the Secretary (ii) To improve the reliability of trans-
and mission and distribution systems, particu-
(D) accelerated life testing protocols to shall identify, incorporate, and follow best
practices for protecting the privacy of indi- larly in rural areas, including high-energy-
predict estimated lifetime metrics with ac- cost rural areas.
curacy. viduals and businesses and the respective
sensitive data of the individuals and busi- (iii) To optimize transmission or distribu-
(4) PERIODIC EVALUATION OF PROGRAM OB- tion system operation and power quality to
JECTIVES.—Not less frequently than once nesses, including by managing privacy risk
defer or avoid costs of replacing or upgrading
every calendar year, the Secretary shall and implementing the Fair Information
electric grid infrastructure, including trans-
evaluate and, if necessary, update the pro- Practice Principles of the Federal Trade
formers and substations.
gram objectives to ensure that the program Commission for the collection, use, disclo-
(iv) To supply energy at peak periods of de-
continues to advance energy storage systems sure, and retention of individual electric
mand on the electric grid or during periods
toward widespread commercial deployment consumer information in accordance with
of significant variation of electric grid sup-
by lowering the costs and increasing the du- the Office of Management and Budget Cir-
ply.
ration of energy storage resources. cular A–130 (or successor circulars).
(v) To reduce peak loads of homes and busi-
(5) ENERGY STORAGE STRATEGIC PLAN.— (c) ENERGY STORAGE DEMONSTRATION nesses.
(A) IN GENERAL.—The Secretary shall de- PROJECTS; PILOT GRANT PROGRAM.— (vi) To improve and advance power conver-
velop a 10-year strategic plan for the pro- (1) DEMONSTRATION PROJECTS.—Not later sion systems.
gram, and update the plan, in accordance than September 30, 2023, the Secretary shall, (vii) To provide ancillary services for grid
with this paragraph. to the maximum extent practicable, enter stability and management.
(B) CONTENTS.—The strategic plan devel- into agreements to carry out not fewer than (viii) To integrate renewable energy re-
oped under subparagraph (A) shall— 5 energy storage system demonstration source production.
(i) be coordinated with and integrated projects, including at least 1 energy storage (ix) To increase the feasibility of
across other relevant offices in the Depart- system demonstration project designed to microgrids (grid-connected or islanded
ment; further the development of technologies de- mode).
(ii) to the extent practicable, include scribed in clause (v) or (vi) of subsection (x) To enable the use of stored energy in
metrics that can be used to evaluate storage (b)(2)(A). forms other than electricity to support the
technologies; (2) ENERGY STORAGE PILOT GRANT PRO- natural gas system and other industrial
(iii) identify Department programs that— GRAM.— processes.
(I) support the research and development (A) DEFINITION OF ELIGIBLE ENTITY.—In this (xi) To integrate fast charging of electric
activities described in paragraph (2) and the paragraph, the term ‘‘eligible entity’’ vehicles.
demonstration projects under subsection (c); means— (xii) To improve energy efficiency.
and (i) a State energy office (as defined in sec- (3) REPORTS.—Not less frequently than
(II)(aa) do not support the activities or tion 124(a) of the Energy Policy Act of 2005 once every 2 years for the duration of the
projects described in subclause (I); but (42 U.S.C. 15821(a))); programs under paragraphs (1) and (2), the
(bb) are important to the development of (ii) an Indian tribe (as defined in section 4 Secretary shall submit to Congress and
energy storage systems and the mission of of the Native American Housing Assistance make publicly available a report describing
the Department, as determined by the Sec- and Self-Determination Act of 1996 (25 U.S.C. the performance of those programs.
retary; 4103); (4) NO PROJECT OWNERSHIP INTEREST.—The
(iv) include expected timelines for— (iii) a tribal organization (as defined in Federal Government shall not hold any eq-
(I) the accomplishment of relevant objec- section 3765 of title 38, United States Code); uity or other ownership interest in any en-
tives under current programs of the Depart- (iv) an institution of higher education (as ergy storage system that is part of a project
ment relating to energy storage systems; defined in section 101 of the Higher Edu- under this subsection unless the holding is
and cation Act of 1965 (20 U.S.C. 1001)); agreed to by each participant of the project.
(II) the commencement of any new initia- (v) an electric utility, including— (d) TECHNICAL AND PLANNING ASSISTANCE
tives within the Department relating to en- (I) an electric cooperative; PROGRAM.—
ergy storage systems to accomplish those ob- (II) a political subdivision of a State, such (1) DEFINITIONS.—In this subsection:
jectives; and as a municipally owned electric utility, or (A) ELIGIBLE ENTITY.—The term ‘‘eligible
(v) incorporate relevant activities de- any agency, authority, corporation, or in- entity’’ means—
scribed in the Grid Modernization Initiative strumentality of a State political subdivi- (i) an electric cooperative;
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Multi-Year Program Plan. sion; and (ii) a political subdivision of a State, such
(C) SUBMISSION TO CONGRESS.—Not later (III) an investor-owned utility; and as a municipally owned electric utility, or
than 180 days after the date of enactment of (vi) a private energy storage company. any agency, authority, corporation, or in-
this Act, the Secretary shall submit to the (B) ESTABLISHMENT.—The Secretary shall strumentality of a State political subdivi-
Committee on Energy and Natural Resources establish a competitive grant program under sion;
of the Senate and the Committees on Energy which the Secretary shall award grants to el- (iii) a not-for-profit entity that is in a
and Commerce and Science, Space, and Tech- igible entities to carry out demonstration partnership with not less than 6 entities de-
nology of the House of Representatives the projects for pilot energy storage systems. scribed in clause (i) or (ii); and
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3371
(iv) an investor-owned utility. (B) APPLICATION.—An eligible entity desir- ‘‘(4) AWARDS.—In carrying out the pro-
(B) PROGRAM.—The term ‘‘program’’ means ing to apply for the program shall submit to gram, the Secretary shall award cash prizes,
the technical and planning assistance pro- the Secretary an application at such time, in in amounts to be determined by the Sec-
gram established under paragraph (2)(A). such manner, and containing such informa- retary, to each individual or entity selected
(2) ESTABLISHMENT.— tion as the Secretary may require, including through a competitive process to develop ad-
(A) IN GENERAL.—The Secretary shall es- whether the eligible entity is applying for— vanced methods or technologies to recycle
tablish a technical and planning assistance (i) direct technical or planning assistance critical energy storage materials from en-
program to assist eligible entities in identi- under paragraph (2)(B)(i); or ergy storage systems.
fying, evaluating, planning, designing, and (ii) a grant under paragraph (2)(B)(ii). ‘‘(5) CRITERIA.—
developing processes to procure energy stor- (C) PRIORITIES.—In selecting eligible enti- ‘‘(A) IN GENERAL.—The Secretary shall es-
age systems. ties for technical and planning assistance tablish objective, merit-based criteria for
(B) ASSISTANCE AND GRANTS.—Under the under the program, the Secretary shall give awarding the prizes in each competition car-
program, the Secretary shall— priority to eligible entities described in ried out under the program.
(i) provide technical and planning assist- clauses (i) and (ii) of paragraph (1)(A). ‘‘(B) REQUIREMENTS.—The criteria estab-
ance, including disseminating information, (6) REPORTS.—The Secretary shall submit lished under subparagraph (A) shall
directly to eligible entities; and to Congress and make available to the pub- prioritize advancements in methods or tech-
(ii) award grants to eligible entities to con- lic— nologies that present the greatest potential
tract to obtain technical and planning as- (A) not less frequently than once every 2 for large-scale commercial deployment.
sistance from outside experts. years, a report describing the performance of ‘‘(C) CONSULTATION.—In establishing cri-
(C) FOCUS.—In carrying out the program, the program, including a synthesis and anal- teria under subparagraph (A), the Secretary
the Secretary shall focus on energy storage ysis of any information the Secretary re- shall consult with appropriate members of
system projects that have the greatest po- quires grant recipients to provide to the Sec- private industry involved in the commercial
tential for— retary as a condition of receiving a grant; deployment of energy storage systems.
(i) strengthening the reliability and resil- and ‘‘(6) ADVERTISING AND SOLICITATION OF COM-
iency of energy infrastructure; (B) on termination of the program, an as- PETITORS.—
(ii) reducing the cost of energy storage sys- sessment of the success of, and education ‘‘(A) IN GENERAL.—The Secretary shall an-
tems; provided by, the measures carried out by eli- nounce each prize competition under the pro-
(iii) improving the feasibility of microgrids gible entities under the program. gram by publishing a notice in the Federal
(grid-connected or islanded mode), particu- (7) COST-SHARING.—Activities under this Register.
larly in rural areas, including high energy subsection shall be subject to the cost-shar- ‘‘(B) REQUIREMENTS.—Each notice pub-
cost rural areas; ing requirements under section 988 of the En- lished under subparagraph (A) shall describe
(iv) reducing consumer electricity costs; or ergy Policy Act of 2005 (42 U.S.C. 16352). the essential elements of the competition,
(v) maximizing local job creation. such as—
(e) ENERGY STORAGE MATERIALS RECYCLING
(3) TECHNICAL AND PLANNING ASSISTANCE.— ‘‘(i) the subject of the competition;
PRIZE COMPETITION.—Section 1008 of the En-
(A) IN GENERAL.—Technical and planning ‘‘(ii) the duration of the competition;
assistance provided under the program shall ergy Policy Act of 2005 (42 U.S.C. 16396) is
‘‘(iii) the eligibility requirements for par-
include assistance with 1 or more of the fol- amended by adding at the end the following: ticipation in the competition;
lowing activities relating to energy storage ‘‘(g) ENERGY STORAGE MATERIALS RECY- ‘‘(iv) the process for participants to reg-
systems: CLING PRIZE COMPETITION.— ister for the competition;
(i) Identification of opportunities to use ‘‘(1) DEFINITION OF CRITICAL ENERGY STOR- ‘‘(v) the amount of the prize; and
energy storage systems. AGE MATERIALS.—In this subsection, the term ‘‘(vi) the criteria for awarding the prize.
(ii) Feasibility studies to assess the poten- ‘critical energy storage materials’ includes— ‘‘(7) JUDGES.—
tial for development of new energy storage ‘‘(A) lithium; ‘‘(A) IN GENERAL.—For each prize competi-
systems or improvement of existing energy ‘‘(B) cobalt; tion under the program, the Secretary shall
storage systems. ‘‘(C) nickel; assemble a panel of qualified judges to select
(iii) Assessment of technical and economic ‘‘(D) graphite; and the winner or winners of the competition on
characteristics, including a cost-benefit ‘‘(E) any other material determined by the the basis of the criteria established under
analysis. Secretary to be critical to the continued paragraph (5).
(iv) Utility interconnection. growing supply of energy storage resources. ‘‘(B) SELECTION.—The judges for each com-
(v) Permitting and siting issues. ‘‘(2) PRIZE AUTHORITY.— petition shall include appropriate members
(vi) Business planning and financial anal- ‘‘(A) IN GENERAL.—As part of the program of private industry involved in the commer-
ysis. established under subsection (a), the Sec- cial deployment of energy storage systems.
(vii) Engineering design. retary shall establish an award program, to ‘‘(C) CONFLICTS.—An individual may not
(viii) Resource adequacy planning. be known as the ‘Energy Storage Materials serve as a judge in a prize competition under
(ix) Resilience planning and valuation. Recycling Prize Competition’ (referred to in the program if the individual, the spouse of
(B) EXCLUSION.—Technical and planning this subsection as the ‘program’), under the individual, any child of the individual, or
assistance provided under the program shall which the Secretary shall carry out prize any other member of the household of the in-
not be used to pay any person for influencing competitions and make awards to advance dividual—
or attempting to influence an officer or em- the recycling of critical energy storage ma- ‘‘(i) has a personal or financial interest in,
ployee of any Federal, State, or local agency, terials. or is an employee, officer, director, or agent
a Member of Congress, an employee of a ‘‘(B) FREQUENCY.—To the maximum extent of, any entity that is a registered participant
Member of Congress, a State or local legisla- practicable, the Secretary shall carry out a in the prize competition for which the indi-
tive body, or an employee of a State or local competition under the program not less fre- vidual will serve as a judge; or
legislative body. quently than once every calendar year. ‘‘(ii) has a familial or financial relation-
(4) INFORMATION DISSEMINATION.—The infor- ‘‘(3) ELIGIBILITY.— ship with a registered participant in the
mation disseminated under paragraph ‘‘(A) IN GENERAL.—To be eligible to win a prize competition for which the individual
(2)(B)(i) shall include— prize under the program, an individual or en- will serve as a judge.
(A) information relating to the topics de- tity— ‘‘(8) REPORT TO CONGRESS.—Not later than
scribed in paragraph (3)(A), including case ‘‘(i) shall have complied with the require- 60 days after the date on which the first prize
studies of successful examples; ments of the competition as described in the is awarded under the program, and annually
(B) computational tools or software for as- announcement for that competition pub- thereafter, the Secretary shall submit to
sessment, design, and operation and mainte- lished in the Federal Register by the Sec- Congress a report that—
nance of energy storage systems; retary under paragraph (6); ‘‘(A) identifies each award recipient;
(C) public databases that track existing ‘‘(ii) in the case of a private entity, shall ‘‘(B) describes the advanced methods or
and planned energy storage systems; be incorporated in the United States and technologies developed by each award recipi-
(D) best practices for the utility and grid maintain a primary place of business in the ent; and
operator business processes associated with United States; ‘‘(C) specifies actions being taken by the
the topics described in paragraph (3)(A); and ‘‘(iii) in the case of an individual, whether Department toward commercial application
(E) relevant State policies or regulations participating singly or in a group, shall be a of all methods or technologies with respect
associated with the topics described in para- citizen of, or an alien lawfully admitted for to which a prize has been awarded under the
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graph (3)(A). permanent residence in, the United States. program.
(5) APPLICATIONS.— ‘‘(B) EXCLUSIONS.—The following entities ‘‘(9) ANTI-DEFICIENCY ACT.—The Secretary
(A) IN GENERAL.—The Secretary shall seek and individuals shall not be eligible to win a shall carry out the program in accordance
applications for the program— prize under the program: with section 1341 of title 31, United States
(i) on a competitive, merit-reviewed basis; ‘‘(i) A Federal entity. Code (commonly referred to as the ‘Anti-De-
and ‘‘(ii) A Federal employee (including an em- ficiency Act’).
(ii) on a periodic basis, but not less fre- ployee of a National Laboratory) acting ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.—
quently than once every 12 months. within the scope of employment. There is authorized to be appropriated to
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S3372 CONGRESSIONAL RECORD — SENATE June 25, 2020
carry out this subsection $10,000,000 for each (2) to carry out subsection (c), $100,000,000 SA 1840. Mr. INHOFE (for himself
of fiscal years 2021 through 2025, to remain for each of fiscal years 2021 through 2025, to and Mr. REED) submitted an amend-
available until expended.’’. remain available until expended; and ment intended to be proposed by him
(f) REGULATORY ACTIONS TO ENCOURAGE EN- (3) to carry out subsection (d), $20,000,000
to the bill S. 4049, to authorize appro-
ERGY STORAGE DEPLOYMENT.— for each of fiscal years 2021 through 2025, to
(1) DEFINITIONS.—In this subsection: remain available until expended. priations for fiscal year 2021 for mili-
(A) COMMISSION.—The term ‘‘Commission’’ tary activities of the Department of
means the Federal Energy Regulatory Com- SA 1838. Mr. INHOFE submitted an Defense, for military construction, and
mission. amendment intended to be proposed by for defense activities of the Depart-
(B) ELECTRIC STORAGE RESOURCE.—The him to the bill S. 4049, to authorize ap- ment of Energy, to prescribe military
term ‘‘electric storage resource’’ means a re- propriations for fiscal year 2021 for personnel strengths for such fiscal
source capable of receiving electric energy military activities of the Department year, and for other purposes; which was
from the grid and storing that electric en- ordered to lie on the table; as follows:
ergy for later injection back into the grid.
of Defense, for military construction,
(2) REGULATORY ACTION.— and for defense activities of the De- At the appropriate place in title VIII, in-
(A) IN GENERAL.—Not later than 1 year partment of Energy, to prescribe mili- sert the following:
after the date of enactment of this Act, the tary personnel strengths for such fiscal SEC. ll. WAIVERS OF CERTAIN CONDITIONS
FOR PROGRESS PAYMENTS UNDER
Commission shall issue a regulation to iden- year, and for other purposes; which was CERTAIN CONTRACTS DURING THE
tify the eligibility of, and process for, elec- ordered to lie on the table; as follows: COVID–19 NATIONAL EMERGENCY.
tric storage resources— At the end of subtitle E of title III, add the During the national emergency declared
(i) to receive cost recovery through Com- following: under the National Emergencies Act (50
mission-regulated rates for the transmission U.S.C. 1601 et seq.) with respect to the
SEC. 382. INCREASE OF AMOUNTS AVAILABLE TO
of electric energy in interstate commerce; MARINE CORPS FOR BASE OPER- coronavirus disease 2019 (commonly referred
and ATIONS AND SUPPORT. to as ‘‘COVID–19’’), the Secretary of Defense
(ii) that receive cost recovery under clause (a) INCREASE OF BASE OPERATIONS AND SUP- may waive section 2307(e)(2) of title 10,
(i) to receive compensation for other services PORT.—The amount authorized to be appro- United States Code, with respect to progress
(such as the sale of energy, capacity, or an- priated for fiscal year 2021 for operation and payments for any undefinitized contract.
cillary services) without regard to whether maintenance for the Marine Corps, is hereby
those services are provided concurrently increased by $47,600,000, with the amount of SA 1841. Mr. INHOFE (for himself
with the transmission service described in the increase to be available for base oper- and Mr. REED) submitted an amend-
clause (i). ations and support (SAG BSS1).
(B) PROHIBITION OF DUPLICATE RECOVERY.— ment intended to be proposed by him
(b) OFFSETS.— to the bill S. 4049, to authorize appro-
Any regulation issued under subparagraph (1) OPERATION AND MAINTENANCE.—The
(A) shall preclude the receipt of unjust and priations for fiscal year 2021 for mili-
amount authorized to be appropriated for fis-
unreasonable double recovery for electric cal year 2021 for operation and maintenance tary activities of the Department of
storage resources providing services de- for the Marine Corps, is hereby reduced by Defense, for military construction, and
scribed in clauses (i) and (ii) of that subpara- $4,700,000, with the amount of the reduction for defense activities of the Depart-
graph. to be derived from SAG 1A1A. ment of Energy, to prescribe military
(3) ELECTRIC STORAGE RESOURCES TECHNICAL (2) MODIFICATION KIT PROCUREMENT.—The personnel strengths for such fiscal
CONFERENCE.—
amount authorized to be appropriated for fis- year, and for other purposes; which was
(A) IN GENERAL.—Not later than 180 days cal year 2021 for procurement for the Marine
after the date of enactment of this Act, the ordered to lie on the table; as follows:
Corps, is hereby reduced by $3,100,000, with
Commission shall convene a technical con- Strike section 723.
the amount of the reduction to be derived
ference on the potential for electric storage from Line 7, Modification Kits.
resources to improve the operation of elec- SA 1842. Mr. INHOFE (for himself
(3) DIRECT SUPPORT MUNITION PROCURE-
tric systems. MENT.—The amount authorized to be appro-
and Mr. REED) submitted an amend-
(B) REQUIREMENTS.—The technical con- priated for fiscal year 2021 for procurement ment intended to be proposed by him
ference under subparagraph (A) shall— and ammunition for the Marine Corps, is to the bill S. 4049, to authorize appro-
(i) identify opportunities for further con- hereby reduced by $39,800,000, with the priations for fiscal year 2021 for mili-
sideration of electric storage resources in re- amount of the reduction to be derived from tary activities of the Department of
gional and interregional transmission plan- Line 17, Direct Support Munitions.
ning processes within the jurisdiction of the Defense, for military construction, and
Commission; for defense activities of the Depart-
SA 1839. Mr. INHOFE (for himself ment of Energy, to prescribe military
(ii) identify all energy, capacity, and ancil-
lary service products, market designs, or
and Mr. REED) submitted an amend- personnel strengths for such fiscal
rules that— ment intended to be proposed by him year, and for other purposes; which was
(I) are within the jurisdiction of the Com- to the bill S. 4049, to authorize appro- ordered to lie on the table; as follows:
mission; and priations for fiscal year 2021 for mili-
Strike section 3159.
(II) enable and compensate for the use of tary activities of the Department of
electric storage resources that improve the Defense, for military construction, and SA 1843. Mr. INHOFE (for himself
operation of electric systems; for defense activities of the Depart-
(iii) examine additional products, market
and Mr. REED) submitted an amend-
ment of Energy, to prescribe military ment intended to be proposed by him
designs, or rules that would enable and com-
pensate for the use of electric storage re-
personnel strengths for such fiscal to the bill S. 4049, to authorize appro-
sources for improving the operation of elec- year, and for other purposes; which was priations for fiscal year 2021 for mili-
tric systems; and ordered to lie on the table; as follows: tary activities of the Department of
(iv) examine the functional value of elec- At the appropriate place, insert the fol- Defense, for military construction, and
tric storage resources at the transmission lowing: for defense activities of the Depart-
and distribution system interface for pur- SEC. lll. MODERNIZATION OF CONGRES- ment of Energy, to prescribe military
poses of providing electric system reli- SIONAL REPORTS PROCESS.
ability.
personnel strengths for such fiscal
(a) INCREASE IN O&M, DEFENSE-WIDE AC-
(g) COORDINATION.—To the maximum ex-
year, and for other purposes; which was
TIVITIES.—The amount authorized to be ap-
tent practicable, the Secretary shall coordi- propriated for fiscal year 2021 by section 301 ordered to lie on the table; as follows:
nate the activities under this section (in- is hereby increased by $2,000,000, with the In section 602, strike subsection (e).
cluding activities conducted pursuant to the amount of the increase to be available for
amendments made by this section) among operation and maintenance, Defense-wide ac- SA 1844. Mrs. FEINSTEIN submitted
the offices and employees of the Department, tivities, for SAG 4GTN Office of the Sec- an amendment intended to be proposed
other Federal agencies, and other relevant retary of Defense for modernization of the by her to the bill S. 4049, to authorize
entities— congressional reports process. appropriations for fiscal year 2021 for
SSpencer on DSK126QN23PROD with SENATE
(1) to ensure appropriate collaboration; and (b) OFFSET.—The amount authorized to be military activities of the Department
(2) to avoid unnecessary duplication of appropriated for fiscal year 2021 by section of Defense, for military construction,
those activities. 301 is hereby decreased by $2,000,000, with the
and for defense activities of the De-
(h) AUTHORIZATION OF APPROPRIATIONS.— amount of the decrease to be applied against
There are authorized to be appropriated— amounts available for operation and mainte- partment of Energy, to prescribe mili-
(1) to carry out subsection (b), $100,000,000 nance, Army, for SAG 421 for Servicewide tary personnel strengths for such fiscal
for each of fiscal years 2021 through 2025, to Transportation for historical underexecu- year, and for other purposes; which was
remain available until expended; tion. ordered to lie on the table; as follows:
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3373
At the title appropriate place in title X, in- mittee on Ways and Means, the Permanent United States Government, or policy of the
sert the following: Select Committee on Intelligence, and the United States, if it is clear that the state-
SEC. ll. TRANSFER OF MARE ISLAND NAVAL Committee on House Administration of the ment is made by that foreign leader, govern-
CEMETERY TO SECRETARY OF VET- House of Representatives. ment official, or government agency and no
ERANS AFFAIRS FOR MAINTENANCE (3) APPROPRIATE CONGRESSIONAL COMMIT- effort has been made to conceal the indi-
BY NATIONAL CEMETERY ADMINIS- TEES AND LEADERSHIP.—The term ‘‘appro- vidual or entity making the statement; or
TRATION.
priate congressional committees and leader- (II) any other statement if a foreign gov-
(a) AGREEMENT.—Beginning on the date ship’’ means— ernment is readily and publicly identifiable
that is 180 days after the date on which the (A) the appropriate congressional commit- as the source of the statement.
Secretary of Veterans Affairs submits the re- tees; (ii) EXCEPTION FOR FOREIGN GOVERNMENT
port required by subsection (c)(1), the Sec- (B) the majority leader and minority lead- BROADCASTS.—The term ‘‘interference’’, with
retary of Veterans Affairs shall seek to enter er of the Senate; and respect to a United States election, does not
into an agreement with the city of Vallejo, (C) the Speaker, the majority leader, and include the broadcast of views of a foreign
California, under which the city of Vallejo the minority leader of the House of Rep- government through broadcast channels
shall transfer to the Secretary all right, resentatives. owned or controlled by that government, if
title, and interest in the Mare Island Naval (4) ELECTION AND CAMPAIGN INFRASTRUC- that ownership or control is readily and pub-
Cemetery in Vallejo, California, at no cost to TURE.—The term ‘‘election and campaign in- licly identifiable.
the Secretary. The Secretary shall seek to frastructure’’ means information and com- (9) KNOWINGLY.—The term ‘‘knowingly’’,
enter into such agreement before the date munications technology and systems used by with respect to conduct, a circumstance, or a
that is one year after the date on which such or on behalf of— result, means that a person has actual
report is submitted. (A) the Federal Government or a State or knowledge, or should have known, of the
(b) MAINTENANCE BY NATIONAL CEMETERY local government in managing the election conduct, the circumstance, or the result.
ADMINISTRATION.—If the Mare Island Naval process, including voter registration data- (10) PERSON.—The term ‘‘person’’ means in-
Cemetery is transferred to the Secretary of bases, voting machines, voting tabulation dividual or entity.
Veterans Affairs pursuant to subsection (a), equipment, equipment for the secure trans- (11) UNITED STATES ELECTION.—The term
the National Cemetery Administration shall mission of election results, and other sys- ‘‘United States election’’ means any United
maintain the cemetery as a national shrine. tems; or
(c) REPORT.— States Federal election.
(B) a principal campaign committee or na- (12) UNITED STATES PERSON.—The term
(1) IN GENERAL.—Not later than 180 days tional committee (as those terms are defined
after the date of the enactment of this Act, ‘‘United States person’’ means—
in section 301 of the Federal Election Cam- (A) a United States citizen or an alien law-
the Secretary of Veterans Affairs shall sub- paign Act of 1971 (52 U.S.C. 30101)) with re-
mit to the Committee on Veterans’ Affairs of fully admitted for permanent residence to
spect to strategy or tactics affecting the the United States; or
the Senate and the Committee on Veterans’ conduct of a political campaign, including
Affairs of the House of Representatives a re- (B) an entity organized under the laws of
electronic communications, and the informa- the United States or of any jurisdiction
port on the feasibility and advisability of ex- tion stored on, processed by, or transiting
ercising the authority granted by subsection within the United States, including a foreign
such technology and systems. branch of such an entity.
(a). (5) FEDERAL ELECTION CYCLE.—The term
(2) CONTENTS.—The report submitted under ‘‘Federal election cycle’’ means the period TITLE ll—DETERMINATION OF FOR-
paragraph (1) shall include the following: beginning on the day after the date of the EIGN INTERFERENCE IN UNITED
(A) An assessment of the feasibility and most recent election for members of the STATES ELECTIONS
advisability of exercising the authority House of Representatives and ending on the SEC. ll11. DETERMINATION OF FOREIGN INTER-
granted by subsection (a). date of the next election for members of the FERENCE IN UNITED STATES ELEC-
(B) An estimate of the costs, including House of Representatives. TIONS.
both direct and indirect costs, that the De- (6) FOREIGN PERSON.—The term ‘‘foreign (a) IN GENERAL.—Not later than 60 days
partment of Veterans Affairs would incur by person’’ means a person that is not a United after a United States election, the Director
exercising such authority. States person. of National Intelligence, in consultation
(7) GOOD.—The term ‘‘good’’ means any ar- with the Director of the Federal Bureau of
SA 1845. Mr. VAN HOLLEN (for him- ticle, natural or manmade substance, mate- Investigation, the Director of the National
self and Mr. RUBIO) submitted an rial, supply or manufactured product, includ- Security Agency, the Director of the Central
amendment intended to be proposed by ing inspection and test equipment, and ex- Intelligence Agency, the Secretary of State,
him to the bill S. 4049, to authorize ap- cluding technical data. the Secretary of the Treasury, the Attorney
(8) INTERFERENCE IN UNITED STATES ELEC- General, and the Secretary of Homeland Se-
propriations for fiscal year 2021 for
TIONS.— curity, shall—
military activities of the Department (A) IN GENERAL.—Except as provided in (1) determine with a high level of con-
of Defense, for military construction, subparagraph (B), the term ‘‘interference’’, fidence whether or not the government of a
and for defense activities of the De- with respect to a United States election, foreign country, or any foreign person acting
partment of Energy, to prescribe mili- means any of the following actions of the as an agent of or on behalf of that govern-
tary personnel strengths for such fiscal government of a foreign country, or any per- ment, knowingly engaged in interference in
year, and for other purposes; which was son acting as an agent of or on behalf of such the election; and
ordered to lie on the table; as follows: a government, undertaken with the intent to (2) submit to the appropriate congressional
influence the election: committees and leadership a report on that
At the appropriate place, insert the fol-
(i) Obtaining unauthorized access to elec- determination, including, if the Director de-
lowing:
tion and campaign infrastructure or related termines that interference did occur—
DIVISION ll—DETERRING FOREIGN systems or data and releasing such data or (A) an identification of the government or
INTERFERENCE IN ELECTIONS modifying such infrastructure, systems, or foreign person that engaged in such inter-
SEC. ll01. SHORT TITLE. data. ference; and
This division may be cited as the ‘‘Defend- (ii) Unlawfully blocking or degrading oth- (B) if the Government of the Russian Fed-
ing Elections from Threats by Establishing erwise legitimate and authorized access to eration, or any foreign person acting as an
Redlines Act of 2020’’. election and campaign infrastructure or re- agent of or on behalf of that Government,
SEC. ll02. DEFINITIONS. lated systems or data. engaged in such interference, a list of any
In this division: (iii) Significant unlawful contributions or senior foreign political figures or oligarchs
(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- expenditures for advertising, including on in the Russian Federation identified under
ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- the internet. section 241(a)(1)(A) of the Countering Rus-
count’’, ‘‘correspondent account’’, and ‘‘pay- (iv) Using social, other internet-based, or sian Influence in Europe and Eurasia Act of
able-through account’’ have the meanings traditional media to spread information to 2017 (title II of Public Law 115–44; 131 Stat.
given those terms in section 5318A of title 31, individuals in the United States without dis- 922) who directly or indirectly contributed to
United States Code. closing that such information is being dis- such interference.
(2) APPROPRIATE CONGRESSIONAL COMMIT- seminated by a foreign government or a for- (b) ADDITIONAL REPORTING.—If the Director
TEES.—The term ‘‘appropriate congressional eign person acting on behalf of a foreign gov- of National Intelligence determines and re-
committees’’ means— ernment. ports under subsection (a) that neither the
SSpencer on DSK126QN23PROD with SENATE
(A) the Committee on Banking, Housing, (B) EXCEPTIONS.— government of a foreign country nor any for-
and Urban Affairs, the Committee on For- (i) EXCEPTION FOR PUBLICLY IDENTIFIED eign person acting as an agent of or on be-
eign Relations, the Committee on Finance, STATEMENTS.—The term ‘‘interference’’, with half of that government knowingly engaged
the Select Committee on Intelligence, and respect to a United States election, does not in interference in a United States election,
the Committee on Rules and Administration include— and the Director subsequently determines
of the Senate; and (I) any public statement by a foreign lead- that that government, or such a foreign per-
(B) the Committee on Financial Services, er, official, or government agency with re- son, did engage in such interference, the Di-
the Committee on Foreign Affairs, the Com- spect to a candidate for office, official of the rector shall, not later than 60 days after
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S3374 CONGRESSIONAL RECORD — SENATE June 25, 2020
making that determination, submit to the public in precompressed, easily downloadable ulations to define, for purposes of this para-
appropriate congressional committees and versions that are made available in all ap- graph, the term ‘‘new investment’’ in a man-
leadership— propriate formats. ner that—
(1) a report on the subsequent determina- (d) SOURCES OF INFORMATION.—In preparing (i) includes significant upgrades or expan-
tion; and the report required under subsection (a), the sions to projects and construction underway
(2) if the Director determines that the Gov- President may use any credible publication, as of the date of the enactment of this Act;
ernment of the Russian Federation, or any database, or web-based resource, and any and
foreign person acting as an agent of or on be- credible information compiled by any gov- (ii) does not include routine maintenance
half of that Government, engaged in such in- ernment agency, nongovernmental organiza- of such projects and construction.
terference, a list of any senior foreign polit- tion, or other entity provided to or made (3) BLOCKING THE ASSETS OF ENTITIES IN
ical figures or oligarchs in the Russian Fed- available to the President. RUSSIAN DEFENSE AND INTELLIGENCE SEC-
eration identified under section 241(a)(1)(A) (e) FUNDS DEFINED.—In this section, the TORS.—
of the Countering Russian Influence in Eu- term ‘‘funds’’ means— (A) IN GENERAL.—The Secretary of the
rope and Eurasia Act of 2017 (title II of Pub- (1) cash; Treasury shall, pursuant to the Inter-
lic Law 115–44; 131 Stat. 922) who directly or (2) equity; national Emergency Economic Powers Act
indirectly contributed to such interference. (3) any other intangible asset the value of (50 U.S.C. 1701 et seq.), block and prohibit all
(c) FORM OF REPORT.—Each report required which is derived from a contractual claim, transactions in all property and interests in
by subsection (a) or (b) shall be submitted in including bank deposits, bonds, stocks, a se- property of any entity described in subpara-
unclassified form but may include a classi- curity (as defined in section 2(a) of the Secu- graph (B) if such property and interests in
fied annex. rities Act of 1933 (15 U.S.C. 77b(a))), or a secu- property are in the United States, come
SEC. ll12. UPDATED REPORT ON OLIGARCHS rity or an equity security (as those terms are within the United States, or are or come
AND PARASTATAL ENTITIES OF THE defined in section 3(a) of the Securities Ex- within the possession or control of a United
RUSSIAN FEDERATION. change Act of 1934 (15 U.S.C. 78c(a))); and States person.
Section 241 of the Countering America’s (4) anything else of value that the Sec- (B) ENTITIES DESCRIBED.—An entity de-
Adversaries Through Sanctions Act (Public retary of the Treasury determines to be ap- scribed in this subparagraph is—
Law 115–44; 131 Stat. 922) is amended— propriate. (i) an entity that the President determines
(1) by redesignating subsections (b) and (c) pursuant to section 231 of the Countering
SEC. ll22. IMPOSITION OF SANCTIONS.
as subsections (c) and (d), respectively; Russian Influence in Europe and Eurasia Act
(a) IN GENERAL.—If the Director of Na- of 2017 (22 U.S.C. 9525) is part of, or operates
(2) by inserting after subsection (a) the fol-
tional Intelligence determines under øsec- for or on behalf of, the defense or intel-
lowing:
‘‘(b) UPDATED REPORT.—Not later than one tion ll11¿ that the Government of the Rus- ligence sectors of the Government of the
year after the date of the enactment of the sian Federation, or any foreign person acting Russian Federation; or
Defending Elections from Threats by Estab- as an agent of or on behalf of that Govern- (ii) an entity in which an entity described
lishing Redlines Act of 2020, and annually ment, knowingly engaged in interference in in clause (i) has an ownership interest of 50
thereafter, the Secretary of the Treasury, in a United States election, the President shall, percent or more.
consultation with the Director of National not later than 30 days after such determina- (4) PROHIBITION ON TRANSACTIONS INVOLVING
Intelligence and the Secretary of State, shall tion is made, impose the following sanctions: CERTAIN RUSSIAN DEBT.—The Secretary of the
submit to the appropriate congressional (1) BLOCKING THE ASSETS OF CERTAIN STATE- Treasury shall, pursuant to such regulations
committees an updated report on oligarchs OWNED RUSSIAN FINANCIAL INSTITUTIONS AND as the Secretary may prescribe, prohibit all
and parastatal entities of the Russian Fed- RESTRICTING ACCOUNTS.— transactions within the United States or by
eration that builds on the report submitted (A) IN GENERAL.—The Secretary of the a United States person, in—
under subsection (a) on January 29, 2018, and Treasury shall impose one or more of the fol- (A) sovereign debt of the Government of
that includes the matters described in para- lowing sanctions on 2 or more entities speci- the Russian Federation issued on or after the
graphs (1) through (5) of subsection (a).’’; and fied in subparagraph (B): date of the enactment of this Act, including
(3) in subsection (c), as redesignated by (i) Pursuant to the International Emer- governmental bonds; and
paragraph (1), by striking ‘‘The report re- gency Economic Powers Act (50 U.S.C. 1701 (B) debt of any entity owned or controlled
quired under subsection (a)’’ and inserting et seq.), blocking and prohibiting all trans- by the Russian Federation issued on or after
‘‘The reports required by subsections (a) and actions in all property and interests in prop- such date of enactment, including bonds.
(b)’’. erty of the entity if such property and inter- (5) BLOCKING THE ASSETS OF SENIOR POLIT-
ests in property are in the United States, ICAL FIGURES AND OLIGARCHS AND EXCLUSION
TITLE lll—DETERRING INTER-
come within the United States, or are or FROM THE UNITED STATES.—
FERENCE IN UNITED STATES ELEC-
come within the possession or control of a (A) IN GENERAL.—The President shall im-
TIONS BY THE RUSSIAN FEDERATION
United States person. pose with respect to any senior foreign polit-
SEC. ll21. REPORT ON ESTIMATED NET WORTH (ii) Prohibiting, or imposing strict condi-
OF PRESIDENT VLADIMIR PUTIN
ical figure or oligarch in the Russian Federa-
AND OTHER SENIOR FOREIGN PO-
tions on, the opening or maintaining in the tion identified under subsection (a)(2)(B) or
LITICAL FIGURES OF THE RUSSIAN United States of a correspondent account or (b)(2) of øsection ll11¿ the following sanc-
FEDERATION. payable-through account by the entity. tions:
(a) IN GENERAL.—Not later than 180 days (B) ENTITIES SPECIFIED.—The entities spec- (i) Pursuant to the International Emer-
after the date of the enactment of this Act, ified in this subparagraph are the following: gency Economic Powers Act (50 U.S.C. 1701
and not less frequently than biannually (i) Sberbank. et seq.), the President shall block and pro-
thereafter, the President shall submit to the (ii) VTB Bank. hibit all transactions in all property and in-
appropriate congressional committees a re- (iii) Gazprombank. terests in property of the individual if such
port that contains— (iv) Vnesheconombank. property and interests in property are in the
(1) the estimated total net worth of each (v) Rosselkhozbank. United States, come within the United
individual described in subsection (b); and (2) PROHIBITION ON NEW INVESTMENTS IN EN- States, or are or come within the possession
(2) a description of how the funds of each ERGY SECTOR OF RUSSIA.— or control of a United States person.
such individual were acquired and how such (A) PROHIBITION.—The President shall pro- (ii) The President shall deny a visa to, and
funds have been used or employed. hibit any new investment made in the exclude from the United States, the indi-
(b) INDIVIDUALS DESCRIBED.—The individ- United States or by a United States person vidual, and revoke in accordance with sec-
uals described in this subsection are the fol- in the energy sector of the Russian Federa- tion 221(i) of the Immigration and Nation-
lowing: tion or an energy company of the Russian ality Act (8 U.S.C. 1201(i)) any visa or other
(1) President Vladimir Putin. Federation. documentation of the individual.
(2) Any other senior foreign political figure (B) SANCTIONS.—The President shall, pur- (B) PUBLIC AVAILABILITY OF INFORMATION.—
of the Russian Federation identified in the suant to the International Emergency Eco- Information about the denial or revocation
report under subsection (a)(1)(A) of section nomic Powers Act (50 U.S.C. 1701 et seq.), of a visa or other documentation under sub-
241 of the Countering Russian Influence in block and prohibit all transactions in all paragraph (A)(ii) shall be made available to
Europe and Eurasia Act of 2017 (title II of property and interests in property of any for- the public.
Public Law 115–44; 131 Stat. 922), or any up- eign person that makes a new investment in (b) REPORT TO CONGRESS.—
date to that report under subsection (b) of the energy sector of the Russian Federation (1) IN GENERAL.—Not later than one year
such section, as added by øsection ll12¿. or an energy company of the Russian Federa- after the date of the enactment of this Act,
SSpencer on DSK126QN23PROD with SENATE
(c) FORM OF REPORT; PUBLIC AVAIL- tion if such property and interests in prop- and annually thereafter, the President shall
ABILITY.— erty are in the United States, come within submit to the committees specified in para-
(1) FORM.—The report required under sub- the United States, or are or come within the graph (2) a report identifying the 5 largest fi-
section (a) shall be submitted in unclassified possession or control of a United States per- nancial institutions owned or controlled by
form but may contain a classified annex. son. the Government of the Russian Federation,
(2) PUBLIC AVAILABILITY.—The unclassified (C) NEW INVESTMENT DEFINED.—Not later determined by estimated net assets.
portion of the report required under sub- than 60 days after the date of the enactment (2) COMMITTEES SPECIFIED.—The commit-
section (a) shall be made available to the of this Act, the President shall prescribe reg- tees specified in this paragraph are—
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June 25, 2020 CONGRESSIONAL RECORD — SENATE S3375
(A) the Committee on Banking, Housing, certification that the Government of the TITLE lll—DETERRING INTER-
and Urban Affairs and the Committee on Russian Federation has not engaged in inter- FERENCE IN UNITED STATES ELEC-
Foreign Relations of the Senate; and ference in United States elections for at TIONS BY OTHER FOREIGN GOVERN-
(B) the Committee on Financial Services least one Federal election cycle. MENTS
and the Committee on Foreign Affairs of the (2) REIMPOSITION.— SEC. ll31. BRIEFING ON INTERFERENCE IN
House of Representatives. (A) REPORTS REQUIRED.—Not later than 90 UNITED STATES ELECTIONS.
(c) EXCEPTIONS.— days after a suspension of sanctions under Not later than 90 days after the date of the
(1) IMPORTATION OF GOODS.—The require- paragraph (1) takes effect, and every 90 days enactment of this Act, and every 90 days
ment to impose sanctions under subsection thereafter, the President shall submit to the thereafter, the President, or a designee of
(a) shall not include the authority to impose appropriate congressional committees and the President, shall brief the appropriate
sanctions with respect to the importation of leadership a report on whether the Govern- congressional committees and leadership on
goods. ment of the Russian Federation is taking any government of a foreign country, or per-
(2) COMPLIANCE WITH UNITED NATIONS HEAD- measures to— son acting as an agent of or on behalf of that
QUARTERS AGREEMENT.—Subsection (i) improve the oversight of and prosecu- government, that is determined by the Presi-
(a)(5)(A)(ii) shall not apply with respect to tions relating to interference in United dent to have engaged in or to be likely to en-
the admission of an alien to the United States elections; and gage in interference in a United States elec-
States if such admission is necessary to com- (ii) credibly demonstrate a significant tion.
ply with United States obligations under the change in behavior and credibly commit to
Agreement between the United Nations and SEC. ll32. SENSE OF CONGRESS ON DETER-
not engaging in such interference in the fu-
RENCE STRATEGIES FOR INTER-
the United States of America regarding the ture. FERENCE IN UNITED STATES ELEC-
Headquarters of the United Nations, signed (B) REIMPOSITION.—If the President deter- TIONS BY FOREIGN GOVERNMENTS
at Lake Success June 26, 1947, and entered mines under subparagraph (A) that the Gov- OF CONCERN.
into force November 21, 1947, under the Con- ernment of the Russian Federation is not It is the sense of Congress that, not later
vention on Consular Relations, done at Vi- taking measures described in that subpara- than 90 days after the date of the enactment
enna April 24, 1963, and entered into force graph, the President shall reimpose the sanc- of this Act, the President should submit to
March 19, 1967, or under other international tions suspended under paragraph (1). the appropriate congressional committees
agreements. and leadership a report that includes—
(h) TERMINATION.—The President may ter-
(3) ACTIVITIES OF NASA.—The requirement (1) a strategy of the President to deter in-
to impose sanctions under subsection (a) minate sanctions imposed under subsection
(a) on or after the date on which the Director terference in a United States election by the
shall not apply with respect to activities of Government of the People’s Republic of
the National Aeronautics and Space Admin- of National Intelligence, in consultation
with the Director of the Federal Bureau of China, the Government of the Democratic
istration. People’s Republic of Korea, the Government
(d) IMPLEMENTATION; PENALTIES.— Investigation, the Director of the National
of the Islamic Republic of Iran, and any
(1) IMPLEMENTATION.—The President may Security Agency, the Director of the Central other foreign government determined by the
exercise all authorities provided under sec- Intelligence Agency, the Secretary of State, President to have engaged in or to be likely
tions 203 and 205 of the International Emer- the Secretary of the Treasury, and the At- to engage in interference in a United States
gency Economic Powers Act (50 U.S.C. 1702 torney General, submits to the appropriate election, including any person acting as an
and 1704) to carry out this section. congressional committees and leadership a agent of or on behalf of such a government;
(2) PENALTIES.—A person that violates, at- certification that— (2) proposed sanctions if that government
tempts to violate, conspires to violate, or (1) the Government of the Russian Federa- engages in such interference and any au-
causes a violation of this section or any reg- tion has not engaged in interference in thorities the President may require from
ulation, license, or order issued to carry out United States elections for at least 2 Federal Congress to impose such sanctions;
this section shall be subject to the penalties election cycles; and (3) other actions undertaken by Federal
set forth in subsections (b) and (c) of section (2) the President has received credible agencies or in cooperation with other coun-
206 of the International Emergency Eco- commitments from the Government of the tries to deter such interference; and
nomic Powers Act (50 U.S.C. 1705) to the Russian Federation that that Government (4) a plan for communicating such deter-
same extent as a person that commits an un- will not engage in such interference in the rence actions to those governments.
lawful act described in subsection (a) of that future.
section.
(e) EXTENSION OF PERIOD TO ALLOW CES- SEC. ll23. CONGRESSIONAL REVIEW OF WAIV- SA 1846. Mr. VAN HOLLEN sub-
SATION OF PROHIBITED BUSINESS.—The Presi- ER, SUSPENSION, AND TERMINATION mitted an amendment intended to be
dent may extend the 30-day period specified OF SANCTIONS. proposed by him to the bill S. 4049, to
in subsection (a), except with respect to Section 216(a)(2) of the Countering Amer- authorize appropriations for fiscal year
sanctions under paragraph (5) of that sub- 2021 for military activities of the De-
ica’s Adversaries Through Sanctions Act (22
section, for an additional period not to ex-
ceed 180 days if the President certifies to the U.S.C. 9511(a)(2)) is amended— partment of Defense, for military con-
appropriate congressional committees that (1) in subparagraph (A)(i), by inserting ‘‘or struction, and for defense activities of
the extension— suspend the application of sanctions de- the Department of Energy, to prescribe
(1) is in the national security interest of scribed in subparagraph (B)(i)(IV)’’ after military personnel strengths for such
the United States; and ‘‘subparagraph (B)’’; and fiscal year, and for other purposes;
(2) is necessary to enable non-Russian per- (2) in subparagraph (B)(i)—
(A) in subclause (II), by striking ‘‘; or’’ and
which was ordered to lie on the table;
sons impacted by sanctions under subsection as follows:
(a) to wind down business prohibited as a re- inserting a semicolon;
sult of those sanctions. (B) in subclause (III), by striking ‘‘; and’’ At the end of subtitle A of title XXVIII, in-
(f) NATIONAL SECURITY WAIVER.—The Presi- and inserting ‘‘; or’’; and sert the following:
dent may waive the application of sanctions (C) by adding at the end the following: SEC. 2806. INCREASED AUTHORITY FOR LABORA-
under subsection (a) with respect to a per- ‘‘(IV) øsection ll23¿ of the Defending TORY REVITALIZATION PROJECTS.
son, except sanctions under paragraph (5) of Elections from Threats by Establishing Red- Section 2805(d) of title 10, United States
that subsection, if the President submits to lines Act of 2020; and’’. Code, is amended by striking ‘‘$6,000,000’’
the appropriate congressional committees a SEC. ll24. SENSE OF CONGRESS ON STRATEGY each place it appears and inserting
determination in writing that— ON COORDINATION WITH EUROPEAN ‘‘$10,000,000’’.
(1) the waiver is in the vital national secu- UNION.
rity interest of the United States; and SA 1847. Mr. VAN HOLLEN (for him-
(2) failing to use the waiver will cause sig- It is the sense of Congress that, not later
than 180 days after the date of the enactment self and Mr. SASSE) submitted an
nificant adverse harm to the vital national
of this Act, the President should submit to amendment intended to be proposed by
security interests of the United States.
(g) SUSPENSION.— the appropriate congressional committees him to the bill S. 4049, to authorize ap-
(1) IN GENERAL.—The President may sus- and leadership a strategy on how the United propriations for fiscal year 2021 for
pend sanctions imposed under subsection (a) States will— military activities of the Department
on or after the date on which the Director of (1) work in concert with the European of Defense, for military construction,
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