Amendments Submitted to S. 4049 — Congressional Record, Senate
Summary
A page of the Congressional Record, Senate, dated June 29, 2020, beginning at page S3658, listing amendments submitted to S. 4049. The list runs from SA 2278 by Mr. Lee through SA 2325 by Mr. Durbin, with submitters including Mr. Sasse, Mr. Hoeven, Ms. Collins, Mr. Cruz and Ms. Harris, and many are intended to be proposed to amendment SA 2301 proposed by Mr. Inhofe. Under Text of Amendments, the page prints SA 2214 by Mr. King, which would establish a Federal advisory committee on the development and implementation of artificial intelligence under the Secretary of Commerce, and an amendment adding a subtitle on national cybersecurity certification and labeling.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Amendments Submitted to S. 4049 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-29-crec-2020-06-29-pt1-pgs3658-2ac59280fc/
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S3658 CONGRESSIONAL RECORD — SENATE June 29, 2020
Mr. Thune to the bill S. 4049, supra; which SA 2298. Mr. BOOZMAN submitted an 4049, supra; which was ordered to lie on the
was ordered to lie on the table. amendment intended to be proposed by him table.
SA 2278. Mr. LEE submitted an amendment to the bill S. 4049, supra; which was ordered SA 2317. Ms. HARRIS submitted an amend-
intended to be proposed by him to the bill S. to lie on the table. ment intended to be proposed to amendment
4049, supra; which was ordered to lie on the SA 2299. Mr. BOOZMAN submitted an SA 2301 proposed by Mr. INHOFE to the bill S.
table. amendment intended to be proposed by him 4049, supra; which was ordered to lie on the
SA 2279. Mr. LEE submitted an amendment to the bill S. 4049, supra; which was ordered table.
intended to be proposed by him to the bill S. to lie on the table. SA 2318. Ms. HARRIS submitted an amend-
4049, supra; which was ordered to lie on the SA 2300. Mr. INHOFE submitted an amend- ment intended to be proposed to amendment
table. ment intended to be proposed by him to the SA 2301 proposed by Mr. INHOFE to the bill S.
SA 2280. Mr. LEE (for himself and Mr. bill S. 4049, supra; which was ordered to lie 4049, supra; which was ordered to lie on the
JOHNSON) submitted an amendment intended on the table. table.
to be proposed by him to the bill S. 4049, SA 2301. Mr. INHOFE proposed an amend- SA 2319. Ms. KLOBUCHAR (for herself, Mr.
supra; which was ordered to lie on the table. ment to the bill S. 4049, supra. TILLIS, and Mrs. MURRAY) submitted an
SA 2281. Mr. HOEVEN (for himself, Mr. SA 2302. Mr. CRAPO submitted an amend- amendment intended to be proposed to
UDALL, Mr. BARRASSO, Ms. MURKOWSKI, Ms. ment intended to be proposed to amendment amendment SA 2301 proposed by Mr. INHOFE
MCSALLY, Mr. TESTER, Mr. SCHATZ, Mr. SA 2301 proposed by Mr. INHOFE to the bill S. to the bill S. 4049, supra; which was ordered
CRAMER, Ms. SMITH, and Mr. DAINES) sub- 4049, supra; which was ordered to lie on the to lie on the table.
mitted an amendment intended to be pro- table. SA 2320. Mr. THUNE submitted an amend-
posed by him to the bill S. 4049, supra; which SA 2303. Ms. McSALLY submitted an ment intended to be proposed by him to the
was ordered to lie on the table. amendment intended to be proposed to bill S. 4049, supra; which was ordered to lie
SA 2282. Mr. HOEVEN submitted an amendment SA 2301 proposed by Mr. INHOFE on the table.
amendment intended to be proposed by him to the bill S. 4049, supra; which was ordered SA 2321. Mrs. SHAHEEN submitted an
to the bill S. 4049, supra; which was ordered to lie on the table. amendment intended to be proposed by her
to lie on the table. SA 2304. Mr. RUBIO submitted an amend- to the bill S. 4049, supra; which was ordered
SA 2283. Ms. COLLINS (for herself, Mr. ment intended to be proposed to amendment to lie on the table.
HEINRICH, and Ms. SMITH) submitted an SA 2301 proposed by Mr. INHOFE to the bill S. SA 2322. Mr. DURBIN (for himself, Mr.
amendment intended to be proposed by her 4049, supra; which was ordered to lie on the BROWN, Ms. WARREN, and Ms. HASSAN) sub-
to the bill S. 4049, supra; which was ordered table. mitted an amendment intended to be pro-
to lie on the table. SA 2305. Mr. RUBIO submitted an amend- posed by him to the bill S. 4049, supra; which
SA 2284. Mr. SASSE (for himself, Mr. ment intended to be proposed to amendment was ordered to lie on the table.
SCOTT of South Carolina, Mr. COTTON, and SA 2301 proposed by Mr. INHOFE to the bill S. SA 2323. Mr. DURBIN (for himself, Mr.
Mr. SCOTT of Florida) submitted an amend- 4049, supra; which was ordered to lie on the BROWN, Ms. WARREN, and Ms. HASSAN) sub-
ment intended to be proposed by him to the table. mitted an amendment intended to be pro-
bill S. 4049, supra; which was ordered to lie SA 2306. Mr. DAINES submitted an amend- posed by him to the bill S. 4049, supra; which
on the table. ment intended to be proposed to amendment was ordered to lie on the table.
SA 2285. Mr. SASSE submitted an amend- SA 2301 proposed by Mr. INHOFE to the bill S. SA 2324. Mr. DURBIN submitted an amend-
ment intended to be proposed by him to the 4049, supra; which was ordered to lie on the ment intended to be proposed by him to the
bill S. 4049, supra; which was ordered to lie table. bill S. 4049, supra; which was ordered to lie
on the table. SA 2307. Mrs. LOEFFLER submitted an
SA 2286. Mr. SASSE submitted an amend- on the table.
amendment intended to be proposed to SA 2325. Mr. DURBIN submitted an amend-
ment intended to be proposed by him to the amendment SA 2301 proposed by Mr. INHOFE
bill S. 4049, supra; which was ordered to lie ment intended to be proposed by him to the
to the bill S. 4049, supra; which was ordered bill S. 4049, supra; which was ordered to lie
on the table. to lie on the table.
SA 2287. Mr. SASSE submitted an amend- on the table.
SA 2308. Mr. CRUZ (for himself, Ms.
ment intended to be proposed by him to the SINEMA, Mr. WICKER, Ms. CANTWELL, Mr. f
bill S. 4049, supra; which was ordered to lie KAINE, Mr. CORNYN, and Mr. RUBIO) sub-
on the table.
TEXT OF AMENDMENTS
mitted an amendment intended to be pro-
SA 2288. Mr. SASSE submitted an amend- SA 2214. Mr. KING submitted an
posed to amendment SA 2301 proposed by Mr.
ment intended to be proposed by him to the amendment intended to be proposed by
INHOFE to the bill S. 4049, supra; which was
bill S. 4049, supra; which was ordered to lie him to the bill S. 4049, to authorize ap-
ordered to lie on the table.
on the table.
SA 2289. Mr. SASSE submitted an amend-
SA 2309. Ms. BALDWIN submitted an propriations for fiscal year 2021 for
amendment intended to be proposed to military activities of the Department
ment intended to be proposed by him to the
amendment SA 2301 proposed by Mr. INHOFE of Defense, for military construction,
bill S. 4049, supra; which was ordered to lie
to the bill S. 4049, supra; which was ordered and for defense activities of the De-
on the table.
SA 2290. Mr. LEE submitted an amendment to lie on the table.
SA 2310. Mrs. LOEFFLER submitted an partment of Energy, to prescribe mili-
intended to be proposed by him to the bill S. tary personnel strengths for such fiscal
4049, supra; which was ordered to lie on the amendment intended to be proposed to
amendment SA 2301 proposed by Mr. INHOFE year, and for other purposes; which was
table.
SA 2291. Mr. LEE submitted an amendment to the bill S. 4049, supra; which was ordered ordered to lie on the table; as follows:
intended to be proposed by him to the bill S. to lie on the table. At the title X, add the following:
SA 2311. Mr. CASSIDY submitted an
4049, supra; which was ordered to lie on the Subtitle l—National Cybersecurity
table. amendment intended to be proposed by him
Certification and Labeling
SA 2292. Mr. LEE submitted an amendment to the bill S. 4049, supra; which was ordered
to lie on the table. SEC. l01. DEFINITIONS.
intended to be proposed by him to the bill S.
SA 2312. Mr. INHOFE (for himself and Mr. In this subtitle:
4049, supra; which was ordered to lie on the
MORAN) submitted an amendment intended (1) ACCREDITED CERTIFYING AGENT.—The
table.
SA 2293. Mr. CARPER submitted an amend- to be proposed by him to the bill S. 4049, term ‘‘accredited certifying agent’’ means
ment intended to be proposed by him to the supra; which was ordered to lie on the table. any person who is accredited by the National
bill S. 4049, supra; which was ordered to lie SA 2313. Ms. CORTEZ MASTO (for herself, Cybersecurity Certification and Labeling
on the table. Ms. ROSEN, Mr. HEINRICH, Mr. MANCHIN, and Authority as a certifying agent for the pur-
SA 2294. Mr. MURPHY submitted an Mr. COONS) submitted an amendment in- poses of certifying a specific class of critical
amendment intended to be proposed by him tended to be proposed to amendment SA 2301 information and communications tech-
to the bill S. 4049, supra; which was ordered proposed by Mr. INHOFE to the bill S. 4049, nology.
to lie on the table. supra; which was ordered to lie on the table. (2) CERTIFICATION.—The term ‘‘certifi-
SA 2295. Ms. KLOBUCHAR (for herself and SA 2314. Ms. CORTEZ MASTO (for herself cation’’ means a seal or symbol provided by
Mr. CORNYN) submitted an amendment in- and Ms. ROSEN) submitted an amendment in- the National Cybersecurity Certification and
tended to be proposed by her to the bill S. tended to be proposed to amendment SA 2301 Labeling Authority or an accredited certi-
4049, supra; which was ordered to lie on the proposed by Mr. INHOFE to the bill S. 4049, fying agent, that results from passage of a
table. supra; which was ordered to lie on the table. comprehensive evaluation of an information
SA 2296. Mr. BLUMENTHAL submitted an SA 2315. Mr. UDALL submitted an amend- and communications technology that estab-
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amendment intended to be proposed by him ment intended to be proposed to amendment lishes the extent to which a particular de-
to the bill S. 4049, supra; which was ordered SA 2301 proposed by Mr. INHOFE to the bill S. sign and implementation meets a set of spec-
to lie on the table. 4049, supra; which was ordered to lie on the ified security standards.
SA 2297. Mr. BLUMENTHAL submitted an table. (3) CRITICAL INFORMATION AND COMMUNICA-
amendment intended to be proposed by him SA 2316. Mr. UDALL submitted an amend- TIONS TECHNOLOGY.—The term ‘‘critical in-
to the bill S. 4049, supra; which was ordered ment intended to be proposed to amendment formation and communications technology’’
to lie on the table. SA 2301 proposed by Mr. INHOFE to the bill S. means information and communications
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3659
technology that is in use in critical infra- (7) publicly display a list of certified crit- security Certification and Labeling Author-
structure sectors and that underpins na- ical information and communication tech- ity (in this section referred to as the ‘‘Au-
tional critical functions as determined by nology, along with their respective certifi- thority’’) for period of five years.
the Secretary of Homeland Security. cation information. (b) ELIGIBILITY FOR SELECTION.—The Sec-
(4) LABEL.—The term ‘‘label’’ means a (e) CERTIFICATIONS.— retary of Commerce may only select an orga-
clear, visual, and easy to understand symbol (1) IN GENERAL.—Certifications issued nization to serve as the Authority if such or-
or list that conveys specific information under the program established and adminis- ganization—
about a product’s security attributes, char- tered under subsection (a) shall remain valid (1) is a nongovernmental, not-for-profit
acteristics, functionality, components, or for one year from the date of issuance. that is—
other features (2) CLASSES OF CERTIFICATION.—In identi- (A) exempt from taxation under section
SEC. l02. NATIONAL CYBERSECURITY CERTIFI- fying and harmonizing the standards, frame- 501(a) of the Internal Revenue Code of 1986;
CATION AND LABELING AUTHORITY works, and benchmarks under subsection (c), and
AND PROGRAM. the Authority shall designate at least three (B) described in sections 501(c)(3) and
(a) ESTABLISHMENT.—There is established a classes of certifications, including— 170(b)(1)(A)(vi) of that Code;
National Cybersecurity Certification and La- (A) for products and services that product (2) has a demonstrable track record of
beling Authority (hereinafter referred to as manufacturers and service providers of crit- work on cybersecurity and information secu-
the ‘‘Authority’’) for the purpose of admin- ical information and communications attest rity standards, frameworks, and bench-
istering a voluntary program, which the Au- marks; and
meet the criteria for certification under the
thority shall establish, for the certification (3) possesses requisite staffing and exper-
program established and administered under
and labeling of critical information and com- tise, with demonstrable prior experience in
subsection (a), attestation-based certifi-
munications technologies. technology security or safety standards,
(b) ACCREDITATION OF CERTIFYING cation;
(B) for products that have undergone a se- frameworks, and benchmarks, as well as cer-
AGENTS.—As part of the program established
curity evaluation and testing process by a tification.
and administered under subsection (a), the (c) APPLICATION.—The Secretary shall es-
Authority shall define and publish a process qualifying third party, accreditation-based
certification; and tablish a process by which a nonprofit, non-
whereby nongovernmental entities may governmental organization that seeks to be
apply to become accredited agents for the (C) for products that have undergone a se-
curity evaluation and testing process by a selected as the Authority may apply for con-
certification of specific critical information
qualifying third party, test-based certifi- sideration.
and communications technologies. (d) PROGRAM EVALUATION.—Not later than
(c) IDENTIFICATION OF STANDARDS, FRAME- cation.
(f) PRODUCT LABELING.—The Authority, in the date that is four years after the initial
WORKS, AND BENCHMARKS.—As part of the
consultation with the Secretary of Com- selection pursuant subsection (a), and every
program established and administered under
merce, the Secretary of Homeland Security, four years thereafter, the Secretary of Com-
subsection (a), the Authority shall work in
close coordination with the Secretary of and other experts from the Federal Govern- merce, in consultation with the Secretary of
Commerce, the Secretary of Homeland Secu- ment, academia, nongovernmental organiza- Homeland Security, shall—
rity, and subject matter experts from the tions, and the private sector, shall— (1) assess the effectiveness of the labels and
Federal Government, academia, nongovern- (1) collaborate with the private sector to certificates produced by the Authority, in-
mental organizations, and the private sector standardize language and define a labeling cluding—
to identify and harmonize common security schema to provide transparent information (A) assessing the costs to businesses that
standards, frameworks, and benchmarks on the security characteristics and con- manufacture critical information and com-
against which the security of critical infor- stituent components of a software or hard- munication technologies participating in the
mation and communications technologies ware product that includes critical informa- Authority’s program;
may be measured. tion and communication technology; and (B) evaluating the level of participation in
(d) PRODUCT CERTIFICATION.—As part of the (2) establish a mechanism by which prod- the Authority’s program by businesses that
program established and administered under uct developers can provide this information manufacture critical information and com-
subsection (a), the Authority, in consulta- for both product labeling and public posting. munication technologies; and
tion with the Secretary of Commerce, the (g) ENFORCEMENT.— (C) assessing the level of public awareness
Secretary of Homeland Security, and other (1) PROHIBITION.—It shall be unlawful for a and consumer awareness of the labels under
experts from the Federal Government, aca- person— the Authority’s program;
demia, nongovernmental organizations, and (2) audit the impartiality and fairness of
(A) to falsely attested to, or falsify an
the private sector, shall— the activities of the Authority;
audit or test for, a security standard, frame-
(1) develop, and disseminate to accredited (3) issue a public report on the assessment
work, or benchmark for certification;
certifying agents, guidelines to standardize most recently carried out under paragraph
(B) to intentionally mislabel a product; or
the presentation of certifications to commu- (1) and the audit most recently carried out
(C) to failed to maintain a security stand-
nicate the level of security for critical infor- under paragraph (2); and
ard, framework, or benchmark to which the
mation and communications technologies; (4) brief Congress on the findings of the
(2) develop, or permit agents accredited person has attested for a security standard,
framework, or benchmark for certification. Secretary of Commerce with respect to the
under subsection (b) to develop, certification most recent assessment under paragraph (1)
criteria for critical information and commu- (2) ENFORCEMENT BY FEDERAL TRADE COM-
MISSION.—
and the most recent audit under paragraph
nications technologies based on identified se- (2).
curity standards, frameworks, and bench- (A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
(e) RENEWAL.—After the initial selection
TICES.—A violation of paragraph (1) shall be
marks, through the work conducted pursu- pursuant to subsection (a), the Secretary of
ant to subsection (c); treated as an unfair and deceptive act or
Commerce, in consultation with the Sec-
(3) issue, or permit agents accredited under practice in violation of a regulation under
retary of Homeland Security, shall, every
subsection (b) to issue, certifications for section 18(a)(1)(B) of the Federal Trade Com-
five years—
products and services that meet and comply mission Act (15 U.S.C. 57a(a)(1)(B)) regarding
(1) accept applications from nonprofit,
with security standards, frameworks, and unfair or deceptive acts or practices.
nongovernmental organizations seeking se-
benchmarks the standards, frameworks, and (B) POWERS OF COMMISSION.—
lection as the Authority; and
benchmarks identified under subsection (c); (i) IN GENERAL.—The Federal Trade Com-
(2) following competitive consideration of
(4) permit a manufacturer or distributor of mission shall enforce this subsection in the
all applications—
a critical information and communication same manner, by the same means, and with
(A) renew the selection of the existing Au-
technology to display a certificate reflecting the same jurisdiction, powers, and duties as
thority; or
the extent to which the covered product though all applicable terms and provisions of
(B) select another applicant organization
meets the standards, frameworks, and bench- the Federal Trade Commission Act (15 U.S.C.
to serve as the Authority.
marks identified under subsection (c); 41 et seq.) were incorporated into and made
SEC. l04. AUTHORIZATION OF APPROPRIATIONS.
(5) remove the certification of a critical in- a part of this subsection.
There is authorized to be appropriated
formation and communication technology as (ii) PRIVILEGES AND IMMUNITIES.—Any per-
such sums as may be necessary to carry out
a critical information and communication son who violates this subsection shall be sub-
this subtitle. Such funds shall remain avail-
technology certified under the program if ject to the penalties and entitled to the
able until expended.
the manufacturer of the certified critical in- privileges and immunities provided in the
formation and communication technology Federal Trade Commission Act (15 U.S.C. 41 SA 2215. Mr. KING (for himself and
falls out of conformity with the standards, et seq.).
Mr. SASSE) submitted an amendment
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frameworks, and benchmarks identified SEC. l03. SELECTION OF THE AUTHORITY.
intended to be proposed by him to the
under subsection (c); (a) SELECTION.—The Secretary of Com-
bill S. 4049, to authorize appropriations
(6) work to enhance public awareness of merce, in coordination with the Secretary of
the Authority’s certificates and labeling, in- Homeland Security, shall issue a notice of for fiscal year 2021 for military activi-
cluding through public outreach, education, funding opportunity and select, on a com- ties of the Department of Defense, for
research and development, and other means; petitive basis, a nonprofit, nongovernmental military construction, and for defense
and organization to serve as the National Cyber- activities of the Department of Energy,
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S3660 CONGRESSIONAL RECORD — SENATE June 29, 2020
to prescribe military personnel Act, the Secretary of Homeland Security the Department of Energy, to prescribe
strengths for such fiscal year, and for shall submit a report to Congress detailing military personnel strengths for such
other purposes; which was ordered to the results of the assessments required under fiscal year, and for other purposes;
lie on the table; as follows: subsection (b), including recommendations
which was ordered to lie on the table;
to address any identified gaps.
At the appropriate place, insert the fol-
SEC. ll. GENERAL SERVICES ADMINISTRATION
as follows:
lowing: REVIEW. At the end of subtitle C of title VII, add
SEC. lll. CISA DIRECTOR.
(a) REVIEW.—The Administrator of the the following:
Subchapter II of chapter 53 of title 5, General Services Administration shall—
United States Code, is amended— SEC. 752. STUDY ON THE INCIDENCE OF CANCER
(1) conduct a review of current Cybersecu- DIAGNOSIS AND MORTALITY AMONG
(1) in section 5313, by inserting after the
rity and Infrastructure Security Agency fa- MILITARY AVIATORS AND AVIATION
item relating to ‘‘Administrator of the
cilities and assess the suitability of such fa- SUPPORT PERSONNEL.
Transportation Security Administration’’
cilities to fully support current and pro- (a) STUDY.—
the following:
jected mission requirements nationally and (1) IN GENERAL.—The Secretary of Defense,
‘‘Director, Cybersecurity and Infrastructure
regionally; and in conjunction with the National Institutes
Security Agency.’’; and
(2) make recommendations regarding re- of Health and the National Cancer Institute,
(2) in section 5314, by striking the item re-
sources needed to procure or build a new fa- shall conduct a study on cancer among cov-
lating to ‘‘Director, Cybersecurity and Infra-
cility or augment existing facilities to en- ered individuals in two phases as provided in
structure Security Agency.’’.
sure sufficient size and accommodations to this subsection.
SEC. ll. AGENCY REVIEW.
fully support current and projected mission (2) PHASE 1.—
(a) REQUIREMENT OF COMPREHENSIVE RE- requirements, including the integration of
VIEW.—In order to strengthen the Cybersecu- (A) IN GENERAL.—Under the initial phase of
personnel from the private sector and other the study conducted under paragraph (1), the
rity and Infrastructure Security Agency, the
departments and agencies. Secretary of Defense shall determine if there
Secretary of Homeland Security shall con- (b) SUBMISSION OF REVIEW.—Not later than
duct a comprehensive review of the ability of is a higher incidence of cancers occurring for
1 year after the date of the enactment of this covered individuals as compared to similar
the Cybersecurity and Infrastructure Secu-
Act, the Administrator of the General Serv- age groups in the general population through
rity Agency to fulfill—
ices Administration shall submit the review the use of the database of the Surveillance,
(1) the missions of the Cybersecurity and
required under subsection (a) to— Epidemiology, and End Results program of
Infrastructure Security Agency; and
(1) the President; the National Cancer Institute.
(2) the recommendations detailed in the re-
(2) the Secretary of Homeland Security; (B) REPORT.—Not later than one year after
port issued by the Cyberspace Solarium
and the date of the enactment of this Act, the
Commission under section 1652(k) of the
(3) to the Committee on Homeland Secu- Secretary shall submit to the appropriate
John S. McCain National Defense Authoriza-
rity and Governmental Affairs of the Senate committees of Congress a report on the find-
tion Act for Fiscal Year 2019 (Public Law
and the Committee on Homeland Security of ings of the initial phase of the study under
115–232).
(b) ELEMENTS OF REVIEW.—The review con- the House of Representatives. subparagraph (A).
ducted under subsection (a) shall include the (3) PHASE 2.—
following elements:
SA 2216. Ms. HIRONO submitted an (A) IN GENERAL.—If, pursuant to the initial
(1) An assessment of how additional budget amendment intended to be proposed by phase of the study under paragraph (2), the
resources could be used by the Cybersecurity her to the bill S. 4049, to authorize ap- Secretary concludes that there is an in-
and Infrastructure Security Agency for propriations for fiscal year 2021 for creased rate of cancers among covered indi-
projects and programs that— military activities of the Department viduals, the Secretary shall conduct a second
(A) support the national risk management of Defense, for military construction, phase of the study under which the Sec-
mission; and for defense activities of the De- retary shall do the following:
(B) support public and private-sector cy- (i) Identify the carcinogenic toxins or haz-
partment of Energy, to prescribe mili- ardous materials associated with military
bersecurity;
(C) promote public-private integration; and
tary personnel strengths for such fiscal flight operations from shipboard or land
(D) provide situational awareness of cyber- year, and for other purposes; which was bases or facilities, such as fuels, fumes, and
security threats. ordered to lie on the table; as follows: other liquids.
(2) A comprehensive force structure assess- At the end of subtitle E of title XII, add (ii) Identify the operating environments,
ment of the Cybersecurity and Infrastruc- the following: including frequencies or electromagnetic
ture Security Agency including— SEC. 1262. SENSE OF SENATE ON SECURITY CO- fields, where exposure to ionizing radiation
(A) a determination of the appropriate size OPERATION WITH JAPAN AND AUS- (associated with high altitude flight) and
and composition of personnel to accomplish TRALIA. nonionizing radiation (associated with air-
the mission of the Cybersecurity and Infra- It is the sense of the Senate that it should borne, ground, and shipboard radars) oc-
structure Security Agency, as well as the be the policy of the United States to con- curred in which covered individuals could
recommendations detailed in the report tinue to develop security cooperation efforts have received increased radiation amounts.
issued by the Cyberspace Solarium Commis- with the Government of Japan and the Gov- (iii) Identify, for each covered individual,
sion under section 1652(k) of the John S. ernment of Australia and strengthen mili- duty stations, dates of service, aircraft
McCain National Defense Authorization Act tary engagement in the Indo-Pacific region flown, and additional duties (including Land-
for Fiscal Year 2019 (Public Law 115–232); by— ing Safety Officer, Catapult and Arresting
(B) an assessment of whether existing per- (1) developing a regular trilateral exercise Gear Officer, Air Liaison Officer, Tactical
sonnel are appropriately matched to the for amphibious operations among the United Air Control Party, or personnel associated
prioritization of threats in the cyber domain States, Japan, and Australia; with aircraft maintenance, supply, logistics,
and risks in critical infrastructure; (2) conducting frequent submarine and fuels, or transportation) that could have in-
(C) an assessment of whether the Cyberse- anti-submarine warfare exercises; creased the risk of cancer for such covered
curity and Infrastructure Security Agency (3) taking advantage of opportunities to individual.
has the appropriate personnel and resources build trilateral humanitarian assistance and (iv) Determine locations where a covered
to— disaster response operational expertise; individual served or additional duties of a
(i) perform risk assessments, threat hunt- (4) cooperating on development of next- covered individual that are associated with
ing, incident response to support both pri- generation platforms; higher incidences of cancers.
vate and public cybersecurity; (5) exploring opportunities to share, de- (v) Identify potential exposures due to
(ii) carry out the responsibilities of the Cy- velop, and leverage logistics and distribution service in the Armed Forces that are not re-
bersecurity and Infrastructure Security capabilities throughout the Indo-Pacific re- lated to aviation, such as exposure to burn
Agency related to the security of Federal in- gion; and pits or toxins in contaminated water, embed-
formation and Federal information systems; (6) encouraging annual leader-level meet- ded in the soil, or inside bases or housing.
and ings. (vi) Determine the appropriate age to
(iii) carry out the critical infrastructure begin screening covered individuals for can-
responsibilities of the Cybersecurity and In- SA 2217. Mrs. FEINSTEIN (for her- cer based on race, gender, flying hours, pe-
frastructure Security Agency, including na- self, Mr. CORNYN, Mr. BLUMENTHAL, Ms. riod of service as aviation support personnel,
tional risk management; and ROSEN, Ms. HARRIS, and Mr. MARKEY) Armed Force, type of aircraft, and mission.
dlhill on DSK120RN23PROD with SENATE
(D) an assessment of whether current submitted an amendment intended to (B) DATA.—The Secretary shall format all
structure, personnel, and resources of re- data included in the study conducted under
be proposed by her to the bill S. 4049, to
gional field offices are sufficient in fulfilling this paragraph in accordance with the Sur-
agency responsibilities and mission require-
authorize appropriations for fiscal year veillance, Epidemiology, and End Results
ments. 2021 for military activities of the De- program of the National Cancer Institute, in-
(c) SUBMISSION OF REVIEW.—Not later than partment of Defense, for military con- cluding by disaggregating such data by race,
1 year after the date of the enactment of this struction, and for defense activities of gender, and age.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3661
(C) REPORT.—Not later than one year after (2) by adding at the end the following new ‘‘(A) IN GENERAL.—The term ‘reportable
the submittal of the report under paragraph paragraph: foreign contact’ means any direct or indirect
(2)(B), if the Secretary conducts the second ‘‘(2) In the case of vouchers provided under contact or communication that—
phase of the study under this paragraph, the the HUD–VASH program under section ‘‘(i) is between—
Secretary shall submit to the appropriate 8(o)(19) of such Act, for purposes of para- ‘‘(I) a candidate for the office of President,
committees of Congress a report on the find- graph (1), the term ‘veteran’ shall have the an authorized committee of such a can-
ings of the study conducted under this para- meaning given such term in section 2002(b) of didate, or any official, employee, or agent of
graph. this title.’’. such authorized committee; and
(4) USE OF DATA FROM PREVIOUS STUDIES.— (c) ANNUAL REPORTS ON HOMELESSNESS ‘‘(II) an individual that the person de-
In conducting the study under this sub- SERVICES PROVIDED BY DEPARTMENT OF VET- scribed in subclause (I) knows, has reason to
ERANS AFFAIRS.— know, or reasonably believes is a covered for-
section, the Secretary of Defense shall incor-
porate data from previous studies conducted (1) IN GENERAL.—Not less frequently than eign national; and
by the Air Force, the Navy, or the Marine once each year, the Secretary of Veterans ‘‘(ii) the person described in clause (i)(I)
Corps that are relevant to the study under Affairs shall submit to the Committee on knows, has reason to know, or reasonably be-
Veterans’ Affairs of the Senate and the Com- lieves involves—
this subsection, including data from the
mittee on Veterans’ Affairs of the House of ‘‘(I) a contribution, donation, expenditure,
comprehensive study conducted by the Air
Representatives a report on the homeless- disbursement, or solicitation described in
Force identifying each covered individual
ness services provided under programs of the section 319; or
and documenting the cancers, dates of diag-
Department of Veterans Affairs, including ‘‘(II) coordination or collaboration with an
noses, and mortality of each covered indi-
services under the HUD–VASH program offer or provision of information or services
vidual.
(b) DEFINITIONS.—In this section: under section 8(o)(19) of the United States to or from, or persistent and repeated con-
(1) APPROPRIATE COMMITTEE OF CONGRESS.— Housing Act of 1937 (42 U.S.C. 1437f(o)(19)). tact with a covered foreign national in con-
The term ‘‘appropriate committees of Con- (2) INCLUDED INFORMATION.—Each such an- nection with an election.
nual report shall include, with respect to the ‘‘(B) EXCEPTION.—Such term shall not in-
gress’’ means—
year preceding the submittal of the report, a clude any contact or communication with a
(A) the Committee on Armed Services and
statement of the number of eligible individ- covered foreign national by an elected offi-
the Committee on Veterans’ Affairs of the
uals who were furnished such homelessness cial or an employee of an elected official
Senate; and
services and the number of individuals fur- solely in an official capacity as such an offi-
(B) the Committee on Armed Services and
nished such services under each such pro- cial or employee.
the Committee on Veterans’ Affairs of the
gram, disaggregated by the number of men ‘‘(C) COVERED FOREIGN NATIONAL DEFINED.—
House of Representatives.
who received such services and the number ‘‘(i) IN GENERAL.—In this paragraph, the
(2) ARMED FORCES.—The term ‘‘Armed
of women who received such services, and term ‘covered foreign national’ means—
Forces’’—
such other information as the Secretary con- ‘‘(I) a foreign principal (as defined in sec-
(A) has the meaning given the term siders appropriate
‘‘armed forces’’ in section 101 of title 10, tion 1(b) of the Foreign Agents Registration
United States Code; and Act of 1938 (22 U.S.C. 611(b)) that is a govern-
SA 2219. Mr. WARNER (for himself, ment of a foreign country or a foreign polit-
(B) includes the reserve components named Mr. BENNET, Ms. HARRIS, Mr. KING, Mr.
in section 10101 of such title. ical party;
HEINRICH, Mr. WYDEN, and Ms. COLLINS) ‘‘(II) any person who acts as an agent, rep-
(3) COVERED INDIVIDUAL.—The term ‘‘cov-
ered individual’’— submitted an amendment intended to resentative, employee, or servant, or any
(A) means an aviator or aviation support be proposed by him to the bill S. 4049, person who acts in any other capacity at the
personnel who— to authorize appropriations for fiscal order, request, or under the direction or con-
(i) served in the Armed Forces on or after year 2021 for military activities of the trol, of a foreign principal described in sub-
February 28, 1961; and Department of Defense, for military clause (I) or of a person any of whose activi-
ties are directly or indirectly supervised, di-
(ii) receives benefits under chapter 55 of construction, and for defense activities rected, controlled, financed, or subsidized in
title 10, United States Code; and of the Department of Energy, to pre- whole or in major part by a foreign principal
(B) includes any air crew member of fixed- scribe military personnel strengths for described in subclause (I); or
wing aircraft and personnel supporting gen- such fiscal year, and for other pur- ‘‘(III) any person included in the list of spe-
eration of the aircraft, including pilots,
poses; which was ordered to lie on the cially designated nationals and blocked per-
navigators, weapons systems operators, air-
craft system operators, personnel associated table; as follows: sons maintained by the Office of Foreign As-
At the appropriate place in title X, insert sets Control of the Department of the Treas-
with aircraft maintenance, supply, logistics,
the following: ury pursuant to authorities relating to the
fuels, or transportation, and any other crew
SEC. lll. DUTY TO REPORT COUNTERINTEL- imposition of sanctions relating to the con-
member who regularly flies in an aircraft or
LIGENCE THREATS TO CAMPAIGNS. duct of a foreign principal described in sub-
is required to complete the mission of the
(a) IN GENERAL.—Section 304 of the Federal clause (I).
aircraft.
Election Campaign Act of 1971 (52 U.S.C. ‘‘(ii) CLARIFICATION REGARDING APPLICATION
SA 2218. Mr. TESTER (for himself, 30104) is amended by adding at the end the TO CITIZENS OF THE UNITED STATES.—In the
Mr. YOUNG, and Mr. MURPHY) sub- following new subsection: case of a citizen of the United States, sub-
‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN clause (II) of clause (i) applies only to the ex-
mitted an amendment intended to be CONTACTS.— tent that the person involved acts within the
proposed by him to the bill S. 4049, to ‘‘(1) COMMITTEE OBLIGATION.—Not later scope of that person’s status as the agent of
authorize appropriations for fiscal year than 1 week after a reportable foreign con- a foreign principal described in subclause (I)
2021 for military activities of the De- tact, each authorized committee of a can- of clause (i).
partment of Defense, for military con- didate for President shall notify the Federal ‘‘(4) CLARIFICATION REGARDING VOLUN-
struction, and for defense activities of Bureau of Investigation of the reportable for- TEERS.—For purposes of paragraphs (2)(B)
eign contact and provide a summary of the and (3)(A)(i)(I), an unpaid volunteer shall not
the Department of Energy, to prescribe
circumstances with respect to such report- be treated as an official, employee, or agent
military personnel strengths for such able foreign contact. of an authorized committee unless such un-
fiscal year, and for other purposes; ‘‘(2) INDIVIDUAL OBLIGATION.—Not later paid volunteer has a significant supervisory
which was ordered to lie on the table; than 1 week after a reportable foreign con- role or provides advice or input to the can-
as follows: tact— didate or to senior officials of the authorized
At the end of subtitle G of title X, add the ‘‘(A) each candidate for the office of Presi- committee.’’.
following: dent shall notify the treasurer or other des- (b) FEDERAL CAMPAIGN FOREIGN CONTACT
SEC. ll. EXPANSION OF ELIGIBILITY FOR HUD– ignated official of the principal campaign REPORTING COMPLIANCE SYSTEM.—Section
VASH. committee of such candidate of the report- 302(e) of the Federal Election Campaign Act
(a) HUD PROVISIONS.—Section 8(o)(19) of able foreign contact and provide a summary of 1971 (52 U.S.C. 30102(e)) is amended by add-
the United States Housing Act of 1937 (42 of the circumstances with respect to such re- ing at the end the following new paragraph:
U.S.C. 1437f(o)(19)) is amended by adding at portable foreign contact; and ‘‘(6) REPORTABLE FOREIGN CONTACTS COM-
the end the following new subparagraph: ‘‘(B) each official, employee, or agent of an PLIANCE POLICY.—
‘‘(D) VETERAN DEFINED.—In this paragraph, authorized committee of a candidate for the ‘‘(A) REPORTING.—Each authorized com-
the term ‘veteran’ has the meaning given office of President shall notify the treasurer mittee of a candidate for the office of Presi-
dlhill on DSK120RN23PROD with SENATE
that term in section 2002(b) of title 38, or other designated official of the authorized dent shall establish a policy that requires all
United States Code.’’. committee of the reportable foreign contact officials, employees, and agents of such com-
(b) VHA CASE MANAGERS.—Subsection (b) and provide a summary of the circumstances mittee to notify the treasurer or other ap-
of section 2003 of title 38, United States Code, with respect to such reportable foreign con- propriate designated official of the com-
is amended— tact. mittee of any reportable foreign contact (as
(1) by inserting ‘‘(1)’’ before ‘‘The Sec- ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this defined in section 304(j)) not later than 1
retary’’; and subsection: week after such contact was made.
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S3662 CONGRESSIONAL RECORD — SENATE June 29, 2020
‘‘(B) RETENTION AND PRESERVATION OF the Antidumping Investigation on Uranium military activities of the Department
RECORDS.—Each authorized committee of a from the Russian Federation (commonly re- of Defense, for military construction,
candidate for the office of President shall es- ferred to as the ‘‘Russian Suspension Agree- and for defense activities of the De-
tablish a policy that provides for the reten- ment’’); or
partment of Energy, to prescribe mili-
tion and preservation of records and infor- (B) if an agreement to extend the Russian
mation related to reportable foreign con- Suspension Agreement cannot be reached, tary personnel strengths for such fiscal
tacts (as so defined) for a period of not less complete the antidumping investigation year, and for other purposes; which was
than 3 years. under title VII of the Tariff Act of 1930 (19 ordered to lie on the table; as follows:
‘‘(C) CERTIFICATION.—Upon designation of a U.S.C. 1671 et seq.) with respect to imports of On page 1083, line 23, insert after ‘‘safety’’
political committee as an authorized com- uranium from the Russian Federation— the following: ‘‘that are agreed to by the
mittee by a candidate for the office of Presi- (i) to avoid unfair trade in uranium and Board and the Secretary of Energy’’.
dent, and with each report filed by such com- maintain a nuclear fuel supply chain in the
mittee under section 304(a), the candidate United States, consistent with the national SA 2223. Mr. HEINRICH submitted an
shall certify that— security and nonproliferation goals of the amendment intended to be proposed by
‘‘(i) the committee has in place policies United States; and him to the bill S. 4049, to authorize ap-
that meet the requirements of subparagraphs (ii) to protect the United States nuclear propriations for fiscal year 2021 for
(A) and (B); fuel supply chain from the continued manip- military activities of the Department
‘‘(ii) the committee has designated an offi- ulation of the global and United States ura-
of Defense, for military construction,
cial to monitor compliance with such poli- nium markets by the Russian Federation
cies; and and Russian-influenced competitors; and for defense activities of the De-
‘‘(iii) not later than 1 week after the begin- (3) a renegotiated, long-term extension of partment of Energy, to prescribe mili-
ning of any formal or informal affiliation the Russian Suspension Agreement can pre- tary personnel strengths for such fiscal
with the committee, all officials, employees, vent adversaries of the United States from year, and for other purposes; which was
and agents of such committee will— monopolizing the nuclear fuel supply chain; ordered to lie on the table; as follows:
‘‘(I) receive notice of such policies; (4) as was done in 2008, upon completion of Strike section 3203.
‘‘(II) be informed of the prohibitions under a new negotiated long-term extension of the
section 319; and Russian Suspension Agreement, Congress SA 2224. Mr. JOHNSON submitted an
‘‘(III) sign a certification affirming their should enact legislation to codify the terms amendment intended to be proposed by
understanding of such policies and prohibi- of extension into law to ensure long-term him to the bill S. 4049, to authorize ap-
tions.’’. stability for the domestic nuclear fuel supply
(c) CRIMINAL PENALTIES.—Section 309(d)(1)
propriations for fiscal year 2021 for
chain; and
of the Federal Election Campaign Act of 1971 (5) if the negotiations to extend the Rus- military activities of the Department
(52 U.S.C. 30109(d)(1)) is amended by adding sian Suspension Agreement prove unsuccess- of Defense, for military construction,
at the end the following new subparagraphs: ful, Congress should be prepared to enact leg- and for defense activities of the De-
‘‘(E) Any person who knowingly and will- islation to prevent the manipulation by the partment of Energy, to prescribe mili-
fully commits a violation of section 304(j) or Russian Federation of global uranium mar- tary personnel strengths for such fiscal
section 302(e)(6) shall be fined under title 18, kets and potential domination by the Rus- year, and for other purposes; which was
United States Code, imprisoned for not more sian Federation of the United States ura- ordered to lie on the table; as follows:
than 3 years, or both. nium market.
At the appropriate place, insert the fol-
‘‘(F) Any person who knowingly and will-
SA 2221. Mr. HEINRICH submitted an lowing:
fully conceals or destroys any materials re-
SEC. ll. FEDERAL CLEARINGHOUSE ON
lating to a reportable foreign contact (as de- amendment intended to be proposed by SCHOOL SAFETY BEST PRACTICES.
fined in section 304(j)) shall be fined under him to the bill S. 4049, to authorize ap- (a) SHORT TITLE.—This section may be
title 18, United States Code, imprisoned for propriations for fiscal year 2021 for cited as the ‘‘Luke and Alex School Safety
not more than 3 years, or both.’’.
military activities of the Department Act of 2020’’.
(d) RULE OF CONSTRUCTION.—Nothing in (b) CLEARINGHOUSE.—Subtitle A of title
this section or the amendments made by this of Defense, for military construction,
and for defense activities of the De- XXII of the Homeland Security Act of 2002 (6
section shall be construed— U.S.C. 651 et seq.) is amended by inserting
(1) to impede legitimate journalistic ac- partment of Energy, to prescribe mili-
after section 2214 the following:
tivities; or tary personnel strengths for such fiscal ‘‘SEC. 2215. FEDERAL CLEARINGHOUSE ON
(2) to impose any additional limitation on year, and for other purposes; which was SCHOOL SAFETY BEST PRACTICES.
the right of any individual who is not a cit- ordered to lie on the table; as follows: ‘‘(a) ESTABLISHMENT.—
izen of the United States or a national of the At the appropriate place in title XVI, in- ‘‘(1) IN GENERAL.—The Secretary, in coordi-
United States (as defined in section 101(a)(22) sert the following: nation with the Secretary of Education, the
of the Immigration and Nationality Act) and Attorney General, and the Secretary of
SEC. lll. REPORT ON ESTABLISHING AN ELE-
who is not lawfully admitted for permanent MENT OF THE INTELLIGENCE COM- Health and Human Services, shall establish a
residence, as defined by section 101(a)(20) of MUNITY WITHIN THE UNITED Federal Clearinghouse on School Safety Best
the Immigration and Nationality Act (8 STATES SPACE FORCE. Practices (in this section referred to as the
U.S.C. 1101(a)(20)) to express political views (a) IN GENERAL.—Not later than one year ‘Clearinghouse’) within the Department.
or to participate in public discourse. after the date of the enactment of this Act, ‘‘(2) PURPOSE.—The Clearinghouse shall be
the Director of National Intelligence and the the primary resource of the Federal Govern-
SA 2220. Mr. HEINRICH (for himself Under Secretary of Defense for Intelligence ment to identify and publish online through
and Mr. BARRASSO) submitted an and Security, in coordination with the Sec- SchoolSafety.gov, or any successor website,
amendment intended to be proposed by retary of the Air Force and the Chief of the best practices and recommendations for
him to the bill S. 4049, to authorize ap- Space Operations, shall submit to the appro- school safety for use by State and local edu-
propriations for fiscal year 2021 for priate committees of Congress a report on cational agencies, institutions of higher edu-
military activities of the Department the potential for establishing an element of cation, State and local law enforcement
the intelligence community and a national agencies, health professionals, and the gen-
of Defense, for military construction, intelligence center within the United States eral public.
and for defense activities of the De- Space Force. ‘‘(3) PERSONNEL.—
partment of Energy, to prescribe mili- (b) DEFINITION OF APPROPRIATE COMMIT- ‘‘(A) ASSIGNMENTS.—The Clearinghouse
tary personnel strengths for such fiscal TEES OF CONGRESS.—For purposes of this sec- shall be assigned such personnel and re-
year, and for other purposes; which was tion, the term ‘‘appropriate committees of sources as the Secretary considers appro-
ordered to lie on the table; as follows: Congress’’ means— priate to carry out this section.
(1) the Committee on Armed Services, the ‘‘(B) DETAILEES.—The Secretary of Edu-
At the end of subtitle F of title XXXI, add
Select Committee on Intelligence, and the cation, the Attorney General, and the Sec-
the following:
Committee on Appropriations of the Senate; retary of Health and Human Services may
SEC. 3168. SENSE OF THE SENATE ON EXTENSION
OF LIMITATIONS ON IMPORTATION
and detail personnel to the Clearinghouse.
OF URANIUM FROM RUSSIAN FED- (2) the Committee on Armed Services, the ‘‘(4) EXEMPTIONS.—
ERATION. Permanent Select Committee on Intel- ‘‘(A) PAPERWORK REDUCTION ACT.—Chapter
dlhill on DSK120RN23PROD with SENATE
It is the sense of the Senate that— ligence, and the Committee on Appropria- 35 of title 44, United States Code (commonly
(1) a secure nuclear fuel supply chain is es- tions of the House of Representatives. known as the ‘Paperwork Reduction Act’)
sential to the economic and national secu- shall not apply to any rulemaking or infor-
rity of the United States; SA 2222. Mr. HEINRICH submitted an mation collection required under this sec-
(2) the United States should— amendment intended to be proposed by tion.
(A) expeditiously complete negotiation of him to the bill S. 4049, to authorize ap- ‘‘(B) FEDERAL ADVISORY COMMITTEE ACT.—
an extension of the Agreement Suspending propriations for fiscal year 2021 for The Federal Advisory Committee Act (5
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3663
U.S.C. App.) shall not apply for the purposes ‘‘(ii) propose additional recommendations (B) identify any best practices and rec-
of carrying out this section. for best practices for inclusion in the Clear- ommendations of the Clearinghouse for
‘‘(b) CLEARINGHOUSE CONTENTS.— inghouse. which there is not a Federal grant program
‘‘(1) CONSULTATION.—In identifying the best ‘‘(e) PARENTAL ASSISTANCE.—The Clearing- that may be used for the purposes of imple-
practices and recommendations for the house shall produce materials to assist par- menting the best practice or recommenda-
Clearinghouse, the Secretary may consult ents and legal guardians of students with tion as applicable to the agency; and
with appropriate Federal, State, local, Trib- identifying relevant Clearinghouse resources (C) periodically report any findings under
al, private sector, and nongovernmental or- related to supporting the implementation of subparagraph (B) to the appropriate commit-
ganizations. Clearinghouse best practices and rec- tees of Congress.
‘‘(2) CRITERIA FOR BEST PRACTICES AND REC- ommendations.’’. (2) STATE GRANTS AND RESOURCES.—The
OMMENDATIONS.—The best practices and rec- (1) TECHNICAL AMENDMENTS.—The table of Clearinghouse shall, to the extent prac-
ommendations of the Clearinghouse shall, at contents in section 1(b) of the Homeland Se- ticable, identify, for each State—
a minimum— curity Act of 2002 (Public Law 107–296; 116 (A) each agency responsible for school safe-
‘‘(A) involve comprehensive school safety Stat. 2135) is amended by inserting after the ty in the State, or any State that does not
measures, including threat prevention, pre- item relating to section 2214 the following: have such an agency designated;
paredness, protection, mitigation, incident ‘‘Sec. 2215. Federal Clearinghouse on School (B) any grant program that may be used
response, and recovery to improve the safety Safety Best Practices.’’. for the purposes of implementing best prac-
posture of a school upon implementation; tices and recommendations of the Clearing-
(c) NOTIFICATION OF CLEARINGHOUSE.—
‘‘(B) include any evidence or research ra- house; and
tionale supporting the determination of the (1) NOTIFICATION BY THE SECRETARY OF EDU-
CATION.—The Secretary of Education shall (C) any resources other than grant pro-
Clearinghouse that the best practice or rec- grams that may be used to assist in imple-
ommendation under subparagraph (A) has provide written notification of the publica-
tion of the Federal Clearinghouse on School mentation of best practices and rec-
been shown to have a significant effect on ommendations of the Clearinghouse.
improving the health, safety, and welfare of Safety Best Practices (referred to in this
subsection and subsection (d) as the ‘‘Clear- (e) RULES OF CONSTRUCTION.—
persons in school settings, including— (1) WAIVER OF REQUIREMENTS.—Nothing in
‘‘(i) relevant research that is evidence- inghouse’’), as required to be established
under section 2215 of the Homeland Security this section or the amendments made by this
based, as defined in section 8101 of the Ele- section shall be construed to create, satisfy,
mentary and Secondary Education Act of Act of 2002, as added by subsection (b), to—
(A) every State and local educational agen- or waive any requirement under—
1965 (20 U.S.C. 7801), supporting the best prac- (A) title II or III of the Americans With
tice or recommendation; cy; and
(B) other Department of Education part- Disabilities Act of 1990 (42 U.S.C. 12131 et
‘‘(ii) findings and data from previous Fed- seq., 12181 et seq.);
eral or State commissions recommending ners in the implementation of the best prac-
tices and recommendations of the Clearing- (B) the Rehabilitation Act of 1973 (29 U.S.C.
improvements to the safety posture of a 701 et seq.);
school; or house, as determined appropriate by the Sec-
retary of Education. (C) title IV or VI of the Civil Rights Act of
‘‘(iii) other supportive evidence or findings 1964 (42 U.S.C. 2000c et seq., 2000d et seq.);
relied upon by the Clearinghouse in deter- (2) NOTIFICATION BY THE SECRETARY OF
HOMELAND SECURITY.—The Secretary of (D) title IX of the Education Amendments
mining best practices and recommendations of 1972 (20 U.S.C. 1681 et seq.);
to improve the safety posture of a school Homeland Security shall provide written no-
tification of the publication of the Clearing- (E) the Age Discrimination Act of 1975 (42
upon implementation; and U.S.C. 6101 et seq.); or
‘‘(C) include information on Federal grant house, as required to be established under
section 2215 of the Homeland Security Act of (F) the Equal Educational Opportunities
programs for which implementation of each Act of 1974 (20 U.S.C. 1701 et seq.).
best practice or recommendation is an eligi- 2002, as added by subsection (b), to—
(A) every State homeland security advisor; (2) PROHIBITION ON FEDERALLY DEVELOPED,
ble use for the program. MANDATED, OR ENDORSED CURRICULUM.—Noth-
‘‘(3) PAST COMMISSION RECOMMENDATIONS.— (B) every State department of homeland
security; and ing in this section or the amendments made
To the greatest extent practicable, the by this section shall be construed to author-
Clearinghouse shall present, as appropriate, (C) other Department of Homeland Secu-
rity partners in the implementation of the ize any officer or employee of the Federal
Federal, State, local, Tribal, private sector, Government to engage in an activity other-
and nongovernmental organization issued best practices and recommendations of the
Clearinghouse, as determined appropriate by wise prohibited under section 103(b) of the
best practices and recommendations and Department of Education Organization Act
identify any best practice or recommenda- the Secretary of Homeland Security.
(3) NOTIFICATION BY THE SECRETARY OF (20 U.S.C. 3403(b)).
tion of the Clearinghouse that was pre-
viously issued by any such organization or HEALTH AND HUMAN SERVICES.—The Secretary
of Health and Human Services shall provide SA 2225. Mr. RUBIO (for himself, Mr.
commission. WARNER, Mr. BURR, Mr. CORNYN, Mr.
‘‘(c) ASSISTANCE AND TRAINING.—The Sec- written notification of the publication of the
retary may produce and publish materials on Clearinghouse, as required to be established BENNET, Mr. SASSE, and Mr. COTTON)
the Clearinghouse to assist and train edu- under section 2215 of the Homeland Security submitted an amendment intended to
cational agencies and law enforcement agen- Act of 2002, as added by subsection (b), to— be proposed by him to the bill S. 4049,
cies on the implementation of the best prac- (A) every State department of public to authorize appropriations for fiscal
tices and recommendations. health; and year 2021 for military activities of the
‘‘(d) CONTINUOUS IMPROVEMENT.—The Sec- (B) other Department of Health and
retary shall— Human Services partners in the implementa-
Department of Defense, for military
‘‘(1) collect for the purpose of continuous tion of the best practices and recommenda- construction, and for defense activities
improvement of the Clearinghouse— tions of the Clearinghouse, as determined ap- of the Department of Energy, to pre-
‘‘(A) Clearinghouse data analytics; propriate by the Secretary of Health and scribe military personnel strengths for
‘‘(B) user feedback on the implementation Human Services. such fiscal year, and for other pur-
of resources, best practices, and rec- (4) NOTIFICATION BY THE ATTORNEY GEN- poses; which was ordered to lie on the
ommendations identified by the Clearing- ERAL.—The Attorney General shall provide table; as follows:
house; and written notification of the publication of the
At the end of title X, add the following:
‘‘(C) any evaluations conducted on imple- Clearinghouse, as required to be established
mentation of the best practices and rec- under section 2215 of the Homeland Security Subtitle H—Wireless Supply Chain
ommendations of the Clearinghouse; and Act of 2002, as added by subsection (b), to— Innovation and Multilateral Security
‘‘(2) in coordination with the Secretary of (A) every State department of justice; and SEC. 1091. DEFINITIONS.
Education, the Secretary of Health and (B) other Department of Justice partners In this subtitle:
Human Services, and the Attorney General— in the implementation of the best practices (1) 3GPP.—The term ‘‘3GPP’’ means the
‘‘(A) regularly assess and identify Clearing- and recommendations of the Clearinghouse, Third Generation Partnership Project.
house best practices and recommendations as determined appropriate by the Attorney (2) 5G NETWORK.—The term ‘‘5G network’’
for which there are no resources available General. means a radio network as described by 3GPP
through Federal Government programs for (d) GRANT PROGRAM REVIEW.— Release 15 or higher.
implementation; and (1) FEDERAL GRANTS AND RESOURCES.—The (3) COMMISSION.—The term ‘‘Commission’’
‘‘(B) establish an external advisory board, Secretary of Education, the Secretary of means the Federal Communications Com-
which shall be comprised of appropriate Homeland Security, the Secretary of Health mission.
dlhill on DSK120RN23PROD with SENATE
State, local, Tribal, private sector, and non- and Human Services, and the Attorney Gen- (4) NTIA ADMINISTRATOR.—The term ‘‘NTIA
governmental organizations, including orga- eral shall each— Administrator’’ means the Assistant Sec-
nizations representing parents of elementary (A) review grant programs administered by retary of Commerce for Communications and
and secondary school students, to— their respective agency and identify any Information.
‘‘(i) provide feedback on the implementa- grant program that may be used to imple- (5) OPEN-RAN.—The term ‘‘Open-RAN’’
tion of best practices and recommendations ment best practices and recommendations of means the Open Radio Access Network ap-
of the Clearinghouse; and the Clearinghouse; proach to standardization adopted by the O-
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S3664 CONGRESSIONAL RECORD — SENATE June 29, 2020
RAN Alliance, Telecom Infra Project, or that research, including in the following (B) ANNUAL REPORT.—For each fiscal year
3GPP, or any similar set of open standards areas: for which amounts in the R&D Fund are
for multi-vendor network equipment inter- (A) Promoting the development of tech- available under this subsection, the NTIA
operability. nology, including software, hardware, and Administrator shall submit to Congress a re-
(6) RELEVANT COMMITTEES OF CONGRESS.— microprocessing technology, that will en- port that—
The term ‘‘relevant committees of Congress’’ hance competitiveness in the fifth-genera- (i) describes how, and to whom, amounts in
means— tion (commonly known as ‘‘5G’’) and suc- the R&D Fund have been deployed;
(A) the Select Committee on Intelligence cessor wireless technology supply chains. (ii) details the progress of the NTIA Ad-
of the Senate; (B) Accelerating development and deploy- ministrator in meeting the objectives de-
(B) the Committee on Foreign Relations of ment of open interface standards-based com- scribed in paragraph (3); and
the Senate; patible, interoperable equipment, such as (iii) includes any additional information
(C) the Committee on Homeland Security equipment developed pursuant to the stand- that the NTIA Administrator determines ap-
and Governmental Affairs of the Senate; ards set forth by organizations such as the O- propriate.
(D) the Committee on Armed Services of RAN Alliance, the Telecom Infra Project,
the Senate; (c) MULTILATERAL TELECOMMUNICATIONS
3GPP, the Open-RAN Software Community,
(E) the Committee on Commerce, Science, or any successor organizations. SECURITY FUND.—
and Transportation of the Senate; (C) Promoting compatibility of new 5G (1) ESTABLISHMENT OF FUND.—
(F) the Committee on Appropriations of equipment with future open standards-based, (A) IN GENERAL.—There is established in
the Senate; the Treasury of the United States a trust
interoperable equipment.
(G) the Permanent Select Committee on fund to be known as the ‘‘Multilateral Tele-
(D) Managing integration of multi-vendor
Intelligence of the House of Representatives; communications Security Fund’’.
network environments.
(H) the Committee on Foreign Affairs of (B) USE OF FUND.—Amounts appropriated
(E) Objective criteria to define equipment
the House of Representatives; to the Multilateral Telecommunications Se-
as compliant with open standards for multi-
(I) the Committee on Homeland Security curity Fund shall be available to the Sec-
vendor network equipment interoperability.
of the House of Representatives; retary of State to make expenditures under
(F) Promoting development and inclusion
(J) the Committee on Armed Services of this subsection in such amounts as the Sec-
the House of Representatives; of security features enhancing the integrity
and availability of equipment in multi-ven- retary of State determines appropriate.
(K) the Committee on Energy and Com- (C) AVAILABILITY.—
merce of the House of Representatives; and dor networks.
(G) Promoting the application of network (i) IN GENERAL.—Amounts deposited in the
(L) the Committee on Appropriations of
function virtualization to facilitate multi- Multilateral Telecommunications Security
the House of Representatives.
vendor interoperability and a more diverse Fund—
SEC. 1092. COMMUNICATIONS TECHNOLOGY SE-
CURITY FUNDS. vendor market. (I) shall remain available through the end
(a) AUTHORIZATION OF APPROPRIATIONS.— (4) TIMING.—Not later than 1 year after the of the tenth fiscal year beginning after the
(1) IN GENERAL.—There are authorized to be date of enactment of this Act, the NTIA Ad- date of enactment of this Act; and
appropriated for fiscal years 2021 through ministrator shall begin awarding grants (II) may only be allocated upon the Sec-
2031— under this subsection. retary of State reaching an agreement with
(A) $50,000,000 for the Public Wireless Sup- (5) FEDERAL ADVISORY BODY.— foreign government partners to participate
ply Chain Innovation Fund established under (A) ESTABLISHMENT.—The NTIA Adminis- in the common funding mechanism described
subsection (b) of this section; and trator shall establish a Federal advisory in paragraph (2).
(B) $25,000,000 for the Multilateral Tele- committee, in accordance with the Federal (ii) REMAINDER TO TREASURY.—Any
communications Security Fund established Advisory Committee Act (5 U.S.C. App.), amounts remaining in the Multilateral Tele-
under subsection (c) of this section. composed of government and private sector communications Security Fund after the end
(2) AVAILABILITY.—Amounts made avail- experts, to advise the NTIA Administrator of the tenth fiscal year beginning after the
able under paragraph (1) shall remain avail- on the administration of the R&D Fund. date of enactment of this Act shall be depos-
able through fiscal year 2031. (B) COMPOSITION.—The advisory committee ited in the general fund of the Treasury.
(b) PUBLIC WIRELESS SUPPLY CHAIN INNOVA- established under subparagraph (A) shall be (2) ADMINISTRATION OF FUND.—The Sec-
TION FUND.— composed of— retary of State, in consultation with the
(1) ESTABLISHMENT.— (i) representatives from— NTIA Administrator, the Secretary of Home-
(A) IN GENERAL.—There is established in (I) the Commission; land Security, the Secretary of Defense, the
the Treasury of the United States a trust (II) the Department of Defense; Secretary of the Treasury, the Director of
fund to be known as the ‘‘Public Wireless (III) the Intelligence Advanced Research National Intelligence, and the Commission,
Supply Chain Innovation Fund’’ (referred to Projects Activity of the Office of the Direc-
shall establish a common funding mecha-
in this subsection as the ‘‘R&D Fund’’). tor of National Intelligence;
nism, in coordination with foreign partners,
(B) AVAILABILITY.— (IV) the National Institute of Standards
that uses amounts from the Multilateral
(i) IN GENERAL.—Amounts deposited in the and Technology;
Telecommunications Security Fund to sup-
R&D Fund shall remain available through (V) the Department of State;
port the development and adoption of secure
the end of the tenth fiscal year beginning (VI) the National Science Foundation; and
after the date of enactment of this Act. (VII) the Department of Homeland Secu- and trusted telecommunications tech-
(ii) REMAINDER TO TREASURY.—Any rity; and nologies.
amounts remaining in the R&D Fund after (ii) other representatives from the private (3) ANNUAL REPORT TO CONGRESS.—Not later
the end of the tenth fiscal year beginning and public sectors, at the discretion of the than 1 year after the date of enactment of
after the date of enactment of this Act shall NTIA Administrator. this Act, and annually thereafter for each
be deposited in the general fund of the Treas- (C) DUTIES.—The advisory committee es- fiscal year during which amounts in the Mul-
ury. tablished under subparagraph (A) shall ad- tilateral Telecommunications Security Fund
(2) USE OF FUND.— vise the NTIA Administrator on technology are available, the Secretary of State shall
(A) IN GENERAL.—Amounts appropriated to developments to help inform— submit to the relevant committees of Con-
the R&D Fund shall be available to the NTIA (i) the strategic direction of the R&D gress a report on the status and progress of
Administrator to make grants under this Fund; and the funding mechanism established under
subsection in such amounts as the NTIA Ad- (ii) efforts of the Federal Government to paragraph (2), including—
ministrator determines appropriate, subject promote a more secure, diverse, sustainable, (A) any funding commitments from foreign
to clause (ii) of this subparagraph. and competitive supply chain. partners, including each specific amount
(B) LIMITATION ON GRANT AMOUNTS.—The (6) REPORTS TO CONGRESS.— committed;
amount of a grant awarded under this sub- (A) INITIAL REPORT.—Not later than 180 (B) governing criteria for use of the Multi-
section to a recipient for a specific research days after the date of enactment of this Act, lateral Telecommunications Security Fund;
focus area may not exceed $50,000,000. the NTIA Administrator shall submit to the (C) an account of—
(3) ADMINISTRATION OF FUND.—The NTIA relevant committees of Congress a report (i) how, and to whom, funds have been de-
Administrator, in consultation with the with— ployed;
Commission, the Director of the National In- (i) additional recommendations on pro- (ii) amounts remaining in the Multilateral
stitute of Standards and Technology, the moting the competitiveness and sustain- Telecommunications Security Fund; and
Secretary of Homeland Security, the Sec- ability of trusted suppliers in the wireless (iii) the progress of the Secretary of State
dlhill on DSK120RN23PROD with SENATE
retary of Defense, and the Director of the In- supply chain; and in meeting the objective described in para-
telligence Advanced Research Projects Ac- (ii) any additional authorities needed to fa- graph (2); and
tivity of the Office of the Director of Na- cilitate the timely adoption of open stand- (D) additional authorities needed to en-
tional Intelligence, shall establish criteria ards-based equipment, including authority to hance the effectiveness of the Multilateral
for grants awarded under this subsection, provide loans, loan guarantees, and other Telecommunications Security Fund in
and administer the R&D Fund, to support re- forms of credit extension that would maxi- achieving the security goals of the United
search and the commercial application of mize the use of designated funds. States.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3665
SEC. 1093. PROMOTING UNITED STATES LEADER- Sec. 305. Application of Executive Schedule Sec. 512. Report on threats posed by use by
SHIP IN INTERNATIONAL ORGANIZA- level III to position of Director foreign governments and enti-
TIONS AND COMMUNICATIONS
of National Reconnaissance Of- ties of commercially available
STANDARDS-SETTING BODIES.
fice. cyber intrusion and surveil-
(a) IN GENERAL.—The Secretary of State,
Sec. 306. National Intelligence University. lance technology.
the Secretary of Commerce, and the Chair- Sec. 513. Reports on recommendations of the
man of the Commission, or their designees, Sec. 307. Requiring facilitation of establish-
ment of Social Media Data and Cyberspace Solarium Commis-
shall consider how to enhance representation sion.
of the United States at international forums Threat Analysis Center.
Sec. 308. Data collection on attrition in in- Sec. 514. Assessment of critical technology
that set standards for 5G networks and for trends relating to artificial in-
future generations of wireless communica- telligence community.
Sec. 309. Limitation on delegation of respon- telligence, microchips, and
tions networks, including— semiconductors and related
(1) the International Telecommunication sibility for program manage-
ment of information-sharing supply chains.
Union (commonly known as ‘‘ITU’’); Sec. 515. Combating Chinese influence oper-
(2) the International Organization for environment.
ations in the United States and
Standardization (commonly known as Sec. 310. Improvements to provisions relat-
strengthening civil liberties
‘‘ISO’’); ing to intelligence community
protections.
(3) the Inter-American Telecommuni- information technology envi- Sec. 516. Annual report on corrupt activities
cations Commission (commonly known as ronment. of senior officials of the Chinese
‘‘CITEL’’); and Sec. 311. Requirements and authorities for Communist Party.
(4) the voluntary standards organizations Director of the Central Intel- Sec. 517. Report on corrupt activities of Rus-
that develop protocols for wireless devices ligence Agency to improve edu- sian and other Eastern Euro-
and other equipment, such as the 3GPP and cation in science, technology, pean oligarchs.
the Institute of Electrical and Electronics engineering, arts, and mathe- Sec. 518. Report on biosecurity risk and
Engineers (commonly known as ‘‘IEEE’’). matics. disinformation by the Chinese
(b) ANNUAL REPORT.—The Secretary of Subtitle B—Reports and Assessments Communist Party and the Gov-
State, the Secretary of Commerce, and the Pertaining to Intelligence Community ernment of the People’s Repub-
Chairman of the Commission shall jointly lic of China.
Sec. 321. Assessment by the Comptroller Sec. 519. Report on effect of lifting of United
submit to the relevant committees of Con-
General of the United States on Nations arms embargo on Is-
gress an annual report on the progress made
efforts of the intelligence com- lamic Republic of Iran.
under subsection (a).
munity and the Department of Sec. 520. Report on Iranian activities relat-
SA 2226. Mr. RUBIO (for himself and Defense to identify and miti- ing to nuclear nonproliferation.
gate risks posed to the intel- Sec. 521. Sense of Congress on Third Option
Mr. WARNER) submitted an amendment ligence community and the De- Foundation.
intended to be proposed by him to the partment by the use of direct- SEC. 2. DEFINITIONS.
bill S. 4049, to authorize appropriations to-consumer genetic testing by In this division:
for fiscal year 2021 for military activi- the Government of the People’s (1) CONGRESSIONAL INTELLIGENCE COMMIT-
ties of the Department of Defense, for Republic of China. TEES.—The term ‘‘congressional intelligence
military construction, and for defense Sec. 322. Report on use by intelligence com- committees’’ has the meaning given such
activities of the Department of Energy, munity of hiring flexibilities term in section 3 of the National Security
to prescribe military personnel and expedited human resources Act of 1947 (50 U.S.C. 3003).
practices to assure quality and (2) INTELLIGENCE COMMUNITY.—The term
strengths for such fiscal year, and for diversity in the workforce of
other purposes; which was ordered to ‘‘intelligence community’’ has the meaning
the intelligence community. given such term in such section.
lie on the table; as follows: Sec. 323. Report on signals intelligence pri- TITLE I—INTELLIGENCE ACTIVITIES
At the appropriate place, insert the fol- orities and requirements.
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
lowing: Sec. 324. Assessment of demand for student
Funds are hereby authorized to be appro-
DIVISIONll—INTELLIGENCE loan repayment program ben-
priated for fiscal year 2021 for the conduct of
AUTHORIZATIONS FOR FISCAL YEAR 2021 efit. the intelligence and intelligence-related ac-
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 325. Assessment of intelligence commu- tivities of the following elements of the
(a) SHORT TITLE.—This division may be nity demand for child care. United States Government:
cited as the ‘‘Intelligence Authorization Act Sec. 326. Open source intelligence strategies (1) The Office of the Director of National
for Fiscal Year 2021’’. and plans for the intelligence Intelligence.
(b) TABLE OF CONTENTS.—The table of con- community. (2) The Central Intelligence Agency.
tents for this division is as follows: TITLE IV—SECURITY CLEARANCES AND (3) The Department of Defense.
DIVISION ll—INTELLIGENCE TRUSTED WORKFORCE (4) The Defense Intelligence Agency.
AUTHORIZATIONS FOR FISCAL YEAR 2021 Sec. 401. Exclusivity, consistency, and (5) The National Security Agency.
Sec. 1. Short title; table of contents. transparency in security clear- (6) The Department of the Army, the De-
Sec. 2. Definitions. ance procedures, and right to partment of the Navy, and the Department
TITLE I—INTELLIGENCE ACTIVITIES appeal. of the Air Force.
Sec. 101. Authorization of appropriations. Sec. 402. Establishing process parity for se- (7) The Coast Guard.
Sec. 102. Classified Schedule of Authoriza- curity clearance revocations. (8) The Department of State.
tions. Sec. 403. Federal policy on sharing of derog- (9) The Department of the Treasury.
Sec. 103. Intelligence Community Manage- atory information pertaining to (10) The Department of Energy.
ment Account. contractor employees in the (11) The Department of Justice.
TITLE II—CENTRAL INTELLIGENCE trusted workforce. (12) The Federal Bureau of Investigation.
AGENCY RETIREMENT AND DIS- (13) The Drug Enforcement Administra-
TITLE V—REPORTS AND OTHER tion.
ABILITY SYSTEM MATTERS (14) The National Reconnaissance Office.
Sec. 201. Authorization of appropriations. Subtitle A—Wireless Supply Chain (15) The National Geospatial-Intelligence
TITLE III—INTELLIGENCE COMMUNITY Innovation and Multilateral Security Agency.
MATTERS (16) The Department of Homeland Secu-
Sec. 501. Definitions.
Subtitle A—General Intelligence Community Sec. 502. Communications technology secu- rity.
Matters rity funds. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA-
Sec. 301. Restriction on conduct of intel- Sec. 503. Promoting United States leader- TIONS.
ligence activities. ship in international organiza- (a) SPECIFICATIONS OF AMOUNTS.—The
Sec. 302. Increase in employee compensation tions and communications amounts authorized to be appropriated under
and benefits authorized by law. standards-setting bodies. section 101 for the conduct of the intel-
Sec. 303. Clarification of authorities and re- ligence activities of the elements listed in
sponsibilities of National Man- Subtitle B—Reports and Other Matters paragraphs (1) through (16) of section 101, are
dlhill on DSK120RN23PROD with SENATE
ager for National Security Sec. 511. Report on attempts by foreign ad- those specified in the classified Schedule of
Telecommunications and Infor- versaries to build telecommuni- Authorizations prepared to accompany this
mation Systems Security. cations and cybersecurity division.
Sec. 304. Continuity of operations plans for equipment and services for, or (b) AVAILABILITY OF CLASSIFIED SCHEDULE
certain elements of the intel- to provide such equipment and OF AUTHORIZATIONS.—
ligence community in the case services to, certain allies of the (1) AVAILABILITY.—The classified Schedule
of a national emergency. United States. of Authorizations referred to in subsection
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S3666 CONGRESSIONAL RECORD — SENATE June 29, 2020
(a) shall be made available to the Committee (1) A major disaster declared by the Presi- ‘‘Subtitle D—National Intelligence University
on Appropriations of the Senate, the Com- dent under section 401 of the Robert T. Staf- ‘‘SEC. 1031. TRANSFER DATE.
mittee on Appropriations of the House of ford Disaster Relief and Emergency Assist-
Representatives, and to the President. ance Act (42 U.S.C. 5170). ‘‘In this subtitle, the term ‘transfer date’
(2) DISTRIBUTION BY THE PRESIDENT.—Sub- (2) An emergency declared by the President means the date on which the National Intel-
ject to paragraph (3), the President shall pro- under section 501 of the Robert T. Stafford ligence University is transferred from the
vide for suitable distribution of the classified Disaster Relief and Emergency Assistance Defense Intelligence Agency to the Director
Schedule of Authorizations referred to in Act (42 U.S.C. 5191). of National Intelligence under section 5324(a)
subsection (a), or of appropriate portions of (3) A national emergency declared by the of the National Defense Authorization Act
such Schedule, within the executive branch President under the National Emergencies for Fiscal Year 2020 (Public Law 116–92).
of the Federal Government. Act (50 U.S.C. 1601 et seq.). ‘‘SEC. 1032. DEGREE-GRANTING AUTHORITY.
(3) LIMITS ON DISCLOSURE.—The President (4) A public health emergency declared ‘‘(a) IN GENERAL.—Beginning on the trans-
shall not publicly disclose the classified under section 319 of the Public Health Serv- fer date, under regulations prescribed by the
Schedule of Authorizations or any portion of ice Act (42 U.S.C. 247d). Director of National Intelligence, the Presi-
such Schedule except— (b) IN GENERAL.—The Director of National dent of the National Intelligence University
(A) as provided in section 601(a) of the Im- Intelligence, the Director of the Central In- may, upon the recommendation of the fac-
plementing Recommendations of the 9/11 telligence Agency, the Director of the Na- ulty of the University, confer appropriate de-
Commission Act of 2007 (50 U.S.C. 3306(a)); tional Reconnaissance Office, the Director of grees upon graduates who meet the degree
(B) to the extent necessary to implement the Defense Intelligence Agency, the Direc- requirements.
the budget; or tor of the National Security Agency, and the ‘‘(b) LIMITATION.—A degree may not be con-
(C) as otherwise required by law. Director of the National Geospatial-Intel- ferred under this section unless—
SEC. 103. INTELLIGENCE COMMUNITY MANAGE- ligence Agency shall each establish con- ‘‘(1) the Secretary of Education has rec-
MENT ACCOUNT. tinuity of operations plans for use in the ommended approval of the degree in accord-
(a) AUTHORIZATION OF APPROPRIATIONS.— case of covered national emergencies for the
There is authorized to be appropriated for ance with the Federal Policy Governing
element of the intelligence community con- Granting of Academic Degrees by Federal
the Intelligence Community Management cerned.
Account of the Director of National Intel- Agencies; and
(c) SUBMISSION TO CONGRESS.—
ligence for fiscal year 2021 the sum of ‘‘(2) the University is accredited by the ap-
(1) DIRECTOR OF NATIONAL INTELLIGENCE
$731,200,000. propriate academic accrediting agency or or-
AND DIRECTOR OF THE CENTRAL INTELLIGENCE
(b) CLASSIFIED AUTHORIZATION OF APPRO- ganization to award the degree, as deter-
AGENCY.—Not later than 7 days after the date
PRIATIONS.—In addition to amounts author- mined by the Secretary of Education.
on which a covered national emergency is de-
ized to be appropriated for the Intelligence clared, the Director of National Intelligence ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIRE-
Community Management Account by sub- and the Director of the Central Intelligence MENTS.—
section (a), there are authorized to be appro- Agency shall each submit to the congres- ‘‘(1) ACTIONS ON NONACCREDITATION.—Begin-
priated for the Intelligence Community Man- sional intelligence committees the plan es- ning on the transfer date, the Director shall
agement Account for fiscal year 2021 such ad- tablished under subsection (b) for that emer- promptly—
ditional amounts as are specified in the clas- gency for the element of the intelligence ‘‘(A) notify the congressional intelligence
sified Schedule of Authorizations referred to community concerned. committees of any action by the Middle
in section 102(a). States Commission on Higher Education, or
(2) DIRECTOR OF NATIONAL RECONNAISSANCE
TITLE II—CENTRAL INTELLIGENCE AGEN- OFFICE, DIRECTOR OF DEFENSE INTELLIGENCE other appropriate academic accrediting
CY RETIREMENT AND DISABILITY SYS- AGENCY, DIRECTOR OF NATIONAL SECURITY agency or organization, to not accredit the
TEM AGENCY, AND DIRECTOR OF NATIONAL University to award any new or existing de-
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. GEOSPATIAL-INTELLIGENCE AGENCY.—Not later gree; and
There is authorized to be appropriated for than 7 days after the date on which a covered ‘‘(B) submit to such committees a report
the Central Intelligence Agency Retirement national emergency is declared, the Director containing an explanation of any such ac-
and Disability Fund $514,000,000 for fiscal of the National Reconnaissance Office, the tion.
year 2021. Director of the Defense Intelligence Agency, ‘‘(2) MODIFICATION OR REDESIGNATION OF DE-
TITLE III—INTELLIGENCE COMMUNITY the Director of the National Security Agen- GREE-GRANTING AUTHORITY.—Beginning on
MATTERS cy, and the Director of the National the transfer date, upon any modification or
Subtitle A—General Intelligence Community Geospatial-Intelligence Agency shall each redesignation of existing degree-granting au-
Matters submit the plan established under subsection thority, the Director shall submit to the
(b) for that emergency for the element of the congressional intelligence committees a re-
SEC. 301. RESTRICTION ON CONDUCT OF INTEL-
LIGENCE ACTIVITIES. intelligence community concerned to the fol- port containing—
The authorization of appropriations by lowing: ‘‘(A) the rationale for the proposed modi-
this division shall not be deemed to con- (A) The congressional intelligence commit- fication or redesignation; and
stitute authority for the conduct of any in- tees. ‘‘(B) any subsequent recommendation of
telligence activity which is not otherwise (B) The Committee on Armed Services of the Secretary of Education with respect to
authorized by the Constitution or the laws of the Senate. the proposed modification or redesignation.
the United States. (C) The Committee on Armed Services of ‘‘SEC. 1033. FACULTY MEMBERS; EMPLOYMENT
SEC. 302. INCREASE IN EMPLOYEE COMPENSA- the House of Representatives. AND COMPENSATION.
TION AND BENEFITS AUTHORIZED (d) UPDATES.—During a covered national ‘‘(a) AUTHORITY OF DIRECTOR.—Beginning
BY LAW. emergency, the Director of National Intel- on the transfer date, the Director of Na-
Appropriations authorized by this division ligence, the Director of the Central Intel- tional Intelligence may employ as many pro-
for salary, pay, retirement, and other bene- ligence Agency, the Director of the National fessors, instructors, and lecturers at the Na-
fits for Federal employees may be increased Reconnaissance Office, the Director of the tional Intelligence University as the Direc-
by such additional or supplemental amounts Defense Intelligence Agency, the Director of tor considers necessary.
as may be necessary for increases in such the National Security Agency, and the Di- ‘‘(b) COMPENSATION OF FACULTY MEM-
compensation or benefits authorized by law. rector of the National Geospatial-Intel- BERS.—The compensation of persons em-
SEC. 303. CLARIFICATION OF AUTHORITIES AND ligence Agency shall each submit any up-
RESPONSIBILITIES OF NATIONAL
ployed under this section shall be as pre-
dates to the plans submitted under sub- scribed by the Director.
MANAGER FOR NATIONAL SECURITY
TELECOMMUNICATIONS AND INFOR-
section (c)— ‘‘(c) COMPENSATION PLAN.—The Director
MATION SYSTEMS SECURITY. (1) in accordance with that subsection; and shall provide each person employed as a pro-
In carrying out the authorities and respon- (2) in a timely manner consistent with sec- fessor, instructor, or lecturer at the Univer-
sibilities of the National Manager for Na- tion 501 of the National Security Act of 1947 sity on the transfer date an opportunity to
tional Security Telecommunications and In- (50 U.S.C. 3091). elect to be paid under the compensation plan
formation Systems Security under National SEC. 305. APPLICATION OF EXECUTIVE SCHED- in effect on the day before the transfer date
Security Directive 42 (signed by the Presi- ULE LEVEL III TO POSITION OF DI-
RECTOR OF NATIONAL RECONNAIS-
(with no reduction in pay) or under the au-
dent on July 5, 1990), the National Manager thority of this section.
SANCE OFFICE.
shall not supervise, oversee, or execute, ei-
Section 5314 of title 5, United States Code, ‘‘SEC. 1034. ACCEPTANCE OF FACULTY RESEARCH
ther directly or indirectly, any aspect of the GRANTS.
National Intelligence Program. is amended by adding at the end the fol-
dlhill on DSK120RN23PROD with SENATE
lowing: ‘‘The Director of National Intelligence
SEC. 304. CONTINUITY OF OPERATIONS PLANS
FOR CERTAIN ELEMENTS OF THE IN- ‘‘Director of the National Reconnaissance may authorize the President of the National
TELLIGENCE COMMUNITY IN THE Office.’’. Intelligence University to accept qualifying
CASE OF A NATIONAL EMERGENCY. SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY. research grants in the same manner and to
(a) DEFINITION OF COVERED NATIONAL EMER- (a) IN GENERAL.—Title X of the National the same degree as the President of the Na-
GENCY.—In this section, the term ‘‘covered Security Act of 1947 (50 U.S.C. 3191 et seq.) is tional Defense University under section
national emergency’’ means the following: amended by adding at the end the following: 2165(e) of title 10, United States Code.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3667
‘‘SEC. 1035. CONTINUED APPLICABILITY OF THE chose to withdraw from the hiring process SEC. 311. REQUIREMENTS AND AUTHORITIES
FEDERAL ADVISORY COMMITTEE before entering into service, including data FOR DIRECTOR OF THE CENTRAL IN-
ACT TO THE BOARD OF VISITORS. TELLIGENCE AGENCY TO IMPROVE
with respect to the reasons such candidates
‘‘The Federal Advisory Committee Act (5 EDUCATION IN SCIENCE, TECH-
chose to withdraw. NOLOGY, ENGINEERING, ARTS, AND
U.S.C. App.) shall continue to apply to the
(b) COLLECTION OF DATA.—Not later than MATHEMATICS.
Board of Visitors of the National Intel-
120 days after the date of the enactment of The Central Intelligence Agency Act of
ligence University on and after the transfer
this Act, each element of the intelligence 1949 (50 U.S.C. 3501 et seq.) is amended by
date.’’. adding the following:
(b) CONFORMING AMENDMENTS.—Section community shall begin collecting data on
‘‘SEC. 24.
IMPROVEMENT OF EDUCATION IN
5324 of the National Defense Authorization workforce and candidate attrition in accord- SCIENCE, TECHNOLOGY, ENGINEER-
Act for Fiscal Year 2020 (Public Law 116–92) ance with the standards established under ING, ARTS, AND MATHEMATICS.
is amended— subsection (a). ‘‘(a) DEFINITIONS.—In this section:
(1) in subsection (b)(1)(C), by striking ‘‘sub- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible
(c) ANNUAL REPORT.—Not later than 1 year
section (e)(2)’’ and inserting ‘‘section 1032(b) entity’ includes a department or agency of
after the date of the enactment of this Act,
of the National Security Act of 1947’’; the Federal Government, a State, a political
(2) by striking subsections (e) and (f); and and annually thereafter, the Director shall
subdivision of a State, an individual, and a
(3) by redesignating subsections (g) and (h) submit to the congressional intelligence
not-for-profit or other organization in the
as subsections (e) and (f), respectively. committees a report on workforce and can-
private sector.
(c) CLERICAL AMENDMENT.—The table of didate attrition in the intelligence commu- ‘‘(2) EDUCATIONAL INSTITUTION.—The term
contents of the National Security Act of 1947 nity that includes— ‘educational institution’ includes any public
is amended by inserting after the item relat- (1) the findings of the Director based on or private elementary school or secondary
ing to section 1024 the following: the data collected under subsection (b); school, institution of higher education, col-
‘‘Subtitle D—National Intelligence (2) recommendations for addressing any lege, university, or any other profit or non-
University issues identified in those findings; and profit institution that is dedicated to im-
(3) an assessment of timeliness in proc- proving science, technology, engineering, the
‘‘Sec. 1031. Transfer date. essing hiring applications of individuals pre-
‘‘Sec. 1032. Degree-granting authority. arts, mathematics, business, law, medicine,
viously employed by an element of the intel- or other fields that promote development
‘‘Sec. 1033. Faculty members; employment ligence community, consistent with the
and compensation. and education relating to science, tech-
Trusted Workforce 2.0 initiative sponsored nology, engineering, the arts, or mathe-
‘‘Sec. 1034. Acceptance of faculty research by the Security Clearance, Suitability, and matics.
grants. Credentialing Performance Accountability ‘‘(3) STATE.—The term ‘State’ means each
‘‘Sec. 1035. Continued applicability of the Council. of the several States, the District of Colum-
Federal Advisory Committee
bia, the Commonwealth of Puerto Rico, the
Act to the Board of Visitors.’’. SEC. 309. LIMITATION ON DELEGATION OF RE-
SPONSIBILITY FOR PROGRAM MAN- Commonwealth of the Northern Mariana Is-
SEC. 307. REQUIRING FACILITATION OF ESTAB-
AGEMENT OF INFORMATION-SHAR- lands, and any other territory or possession
LISHMENT OF SOCIAL MEDIA DATA
AND THREAT ANALYSIS CENTER. ING ENVIRONMENT. of the United States.
‘‘(b) REQUIREMENTS.—The Director shall,
(a) REQUIREMENT TO FACILITATE ESTABLISH- (a) IN GENERAL.—Section 1016(b) of the In- on a continuing basis—
MENT.—Subsection (c)(1) of section 5323 of telligence Reform and Terrorism Prevention ‘‘(1) identify actions that the Director may
the National Defense Authorization Act for Act of 2004 (6 U.S.C. 485(b)), as amended by take to improve education in the scientific,
Fiscal Year 2020 (Public Law 116–92) is section 6402(a) of the National Defense Au- technology, engineering, arts, and mathe-
amended, by striking ‘‘may’’ and inserting thorization Act for Fiscal Year 2020 (Public matics (known as ‘STEAM’) skills necessary
‘‘shall’’. Law 116–92), is further amended— to meet the long-term national security
(b) DEADLINE TO FACILITATE ESTABLISH- (1) in paragraph (1), in the matter before needs of the United States for personnel pro-
MENT.—Such subsection is further amended subparagraph (A), by striking ‘‘Director of ficient in such skills; and
by striking ‘‘The Director’’ and inserting National Intelligence’’ and inserting ‘‘Presi- ‘‘(2) establish and conduct programs to
‘‘Not later than 180 days after the date of the dent’’; carry out such actions.
enactment of the Intelligence Authorization (2) in paragraph (2), by striking ‘‘Director ‘‘(c) AUTHORITIES.—
Act for Fiscal Year 2021, the Director’’. of National Intelligence’’ both places it ap- ‘‘(1) IN GENERAL.—The Director, in support
(c) CONFORMING AMENDMENTS.— pears and inserting ‘‘President’’; and of educational programs in science, tech-
(1) REPORTING.—Subsection (d) of such sec- (3) by adding at the end the following: nology, engineering, the arts, and mathe-
tion is amended— ‘‘(3) DELEGATION.— matics, may—
(A) in the matter before paragraph (1), by ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(A) award grants to eligible entities;
striking ‘‘If the Director’’ and all that fol- (B), the President may delegate responsi- ‘‘(B) provide cash awards and other items
lows through ‘‘the Center, the’’ and inserting bility for carrying out this subsection. to eligible entities;
‘‘The’’; and ‘‘(B) LIMITATION.—The President may not ‘‘(C) accept voluntary services from eligi-
(B) in paragraph (1), by striking ‘‘180 days delegate responsibility for carrying out this ble entities;
after the date of the enactment of this Act’’ subsection to the Director of National Intel- ‘‘(D) support national competition judging,
and inserting ‘‘180 days after the date of the ligence.’’. other educational event activities, and asso-
enactment of the Intelligence Authorization ciated award ceremonies in connection with
Act for Fiscal Year 2021’’. (b) EFFECTIVE DATE.—The amendments such educational programs; and
(2) FUNDING.—Subsection (f) of such section made by subsection (a) shall take effect on ‘‘(E) enter into one or more education part-
is amended by striking ‘‘fiscal year 2020 and October 1, 2020. nership agreements with educational institu-
2021’’ and inserting ‘‘fiscal year 2021 and SEC. 310. IMPROVEMENTS TO PROVISIONS RE- tions in the United States for the purpose of
2022’’. LATING TO INTELLIGENCE COMMU- encouraging and enhancing study in science,
(3) CLERICAL.—Subsection (c) of such sec- NITY INFORMATION TECHNOLOGY technology, engineering, the arts, and math-
tion is amended— ENVIRONMENT. ematics disciplines at all levels of education.
(A) in the subsection heading, by striking ‘‘(2) EDUCATION PARTNERSHIP AGREE-
Section 6312 of the National Defense Au-
‘‘AUTHORITY’’ and inserting ‘‘REQUIREMENT’’; MENTS.—
and thorization Act for Fiscal Year 2020 (Public
‘‘(A) NATURE OF ASSISTANCE PROVIDED.—
(B) in paragraph (1), in the paragraph head- Law 116–92) is amended by striking sub-
Under an education partnership agreement
ing, by striking ‘‘AUTHORITY’’ and inserting sections (e) through (i) and inserting the fol-
entered into with an educational institution
‘‘REQUIREMENT’’. lowing: under paragraph (1)(E), the Director may
SEC. 308. DATA COLLECTION ON ATTRITION IN ‘‘(e) LONG-TERM ROADMAP.—Not later than provide assistance to the educational insti-
INTELLIGENCE COMMUNITY. 180 days after the date of the enactment of tution by—
(a) STANDARDS FOR DATA COLLECTION.— the Intelligence Authorization Act for Fiscal ‘‘(i) loaning equipment to the educational
(1) IN GENERAL.—Not later than 90 days Year 2021, the Director of National Intel- institution for any purpose and duration in
after the date of the enactment of this Act, ligence shall develop and maintain a long- support of such agreement that the Director
the Director of National Intelligence shall term roadmap for the intelligence commu- considers appropriate;
establish standards for collecting data relat- nity information technology environment. ‘‘(ii) making personnel available to teach
ing to attrition in the intelligence commu- science courses or to assist in the develop-
dlhill on DSK120RN23PROD with SENATE
nity workforce across demographics, speci- ‘‘(f) BUSINESS PLAN.—Not later than 180 ment of science courses and materials for the
alities, and length of service. days after the date of the enactment of the educational institution;
(2) INCLUSION OF CERTAIN CANDIDATES.—The Intelligence Authorization Act for Fiscal ‘‘(iii) providing sabbatical opportunities
Director shall include, in the standards es- Year 2021, the Director of National Intel- for faculty and internship opportunities for
tablished under paragraph (1), standards for ligence shall develop and maintain a busi- students;
collecting data from candidates who accept- ness plan to implement the long-term road- ‘‘(iv) involving faculty and students of the
ed conditional offers of employment but map required by subsection (e).’’. educational institution in Agency projects,
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S3668 CONGRESSIONAL RECORD — SENATE June 29, 2020
including research and technology transfer (B) An assessment of the extent to which (4) The contents of the classified annex ref-
or transition projects; the intelligence community and the Depart- erenced in section 3 of Presidential Policy
‘‘(v) cooperating with the educational in- ment have identified risks and Directive 28.
stitution in developing a program under vulnerabilities posed by direct-to-consumer (c) FORM.—The report submitted under
which students may be given academic cred- genetic testing and have sought to mitigate subsection (a) shall be submitted in unclassi-
it for work on Agency projects, including re- such risks and vulnerabilities, or have plans fied form, but may include a classified
search and technology transfer for transition for such mitigation, including the extent to annex.
projects; and which the intelligence community has deter- SEC. 324. ASSESSMENT OF DEMAND FOR STU-
‘‘(vi) providing academic and career advice mined— DENT LOAN REPAYMENT PROGRAM
and assistance to students of the educational (i) in which United States direct-to-con- BENEFIT.
institution. sumer genetic testing companies the Govern- (a) IN GENERAL.—Not later than 90 days
‘‘(B) PRIORITIES.—In entering into edu- ment of the People’s Republic of China or en- after the date of the enactment of this Act,
cation partnership agreements under para- tities owned or controlled by the Govern- the head of each element of the intelligence
graph (1)(E), the Director shall prioritize en- ment of the People’s Republic of China have community shall—
tering into education partnership agree- an ownership interest; and (1) calculate the number of personnel of
ments with the following: (ii) which United States direct-to-con- that element who qualify for a student loan
‘‘(i) Historically Black colleges and univer- sumer genetic testing companies may have repayment program benefit;
sities and other minority-serving institu- sold data to the Government of the People’s (2) compare the number calculated under
tions, as described in section 371(a) of the Republic of China or entities owned or con- paragraph (1) to the number of personnel
Higher Education Act of 1965 (20 U.S.C. trolled by the Government of the People’s who apply for such a benefit;
1067q(a)). Republic of China. (3) provide recommendations for how to
‘‘(ii) Educational institutions serving (C) Such recommendations as the Comp- structure such a program to optimize par-
women, members of minority groups, and troller General may have for action by the ticipation and enhance the effectiveness of
other groups of individuals who traditionally intelligence community and the Department the benefit as a retention tool, including
are involved in the science, technology, engi- to improve the identification and mitigation with respect to the amount of the benefit of-
neering, arts, and mathematics professions of risks and vulnerabilities posed by the use fered and the length of time an employee re-
in disproportionately low numbers. of direct-to-consumer genetic testing by the ceiving a benefit is required to serve under a
‘‘(d) DESIGNATION OF ADVISOR.—The Direc- Government of the People’s Republic of continuing service agreement; and
tor shall designate one or more individuals China. (4) identify any shortfall in funds or au-
within the Agency to advise and assist the (4) FORM.—The report required by para- thorities needed to provide such a benefit.
graph (2) shall be submitted in unclassified (b) INCLUSION IN FISCAL YEAR 2022 BUDGET
Director regarding matters relating to
SUBMISSION.—The Director of National Intel-
science, technology, engineering, the arts, form, but may include a classified annex.
(c) COOPERATION.—The heads of relevant ligence shall include in the budget justifica-
and mathematics education and training.’’.
elements of the intelligence community and tion materials submitted to Congress in sup-
Subtitle B—Reports and Assessments port of the budget for the intelligence com-
Pertaining to Intelligence Community components of the Department shall—
(1) fully cooperate with the Comptroller munity for fiscal year 2022 (as submitted
SEC. 321. ASSESSMENT BY THE COMPTROLLER
General in conducting the assessment re- with the budget of the President under sec-
GENERAL OF THE UNITED STATES tion 1105(a) of title 31, United States Code) a
ON EFFORTS OF THE INTELLIGENCE quired by subsection (a); and
(2) provide any information and data re- report on the findings of the elements of the
COMMUNITY AND THE DEPARTMENT
quired by the Comptroller General to con- intelligence community under subsection
OF DEFENSE TO IDENTIFY AND MITI-
GATE RISKS POSED TO THE INTEL- duct the assessment. (a).
LIGENCE COMMUNITY AND THE DE- SEC. 325. ASSESSMENT OF INTELLIGENCE COM-
SEC. 322. REPORT ON USE BY INTELLIGENCE
PARTMENT BY THE USE OF DIRECT- MUNITY DEMAND FOR CHILD CARE.
COMMUNITY OF HIRING FLEXIBILI-
TO-CONSUMER GENETIC TESTING BY TIES AND EXPEDITED HUMAN RE- (a) IN GENERAL.—Not later than 180 days
THE GOVERNMENT OF THE PEO- SOURCES PRACTICES TO ASSURE after the date of the enactment of this Act,
PLE’S REPUBLIC OF CHINA. QUALITY AND DIVERSITY IN THE the Director of National Intelligence, in co-
(a) ASSESSMENT REQUIRED.—The Comp- WORKFORCE OF THE INTELLIGENCE ordination with the heads of the elements of
troller General of the United States shall as- COMMUNITY. the intelligence community specified in sub-
sess the efforts of the intelligence commu- (a) IN GENERAL.—Not later than 180 days section (b), shall submit to the congressional
nity and the Department of Defense to iden- after the date of the enactment of this Act, intelligence committees a report that in-
tify and mitigate the risks posed to the in- the Director of National Intelligence shall cludes—
telligence community and the Department submit to the congressional intelligence (1) a calculation of the total annual de-
by the use of direct-to-consumer genetic committees a report on how elements of the mand for child care by employees of such
testing by the Government of the People’s intelligence community are exercising hiring elements, at or near the workplaces of such
Republic of China. flexibilities and expedited human resources employees, including a calculation of the de-
(b) REPORT REQUIRED.— practices afforded under section 3326 of title mand for early morning and evening child
(1) DEFINITION OF UNITED STATES DIRECT-TO- 5, United States Code, and subpart D of part
care;
CONSUMER GENETIC TESTING COMPANY.—In this
315 of title 5, Code of Federal Regulations, or
(2) an identification of any shortfall be-
subsection, the term ‘‘United States direct- successor regulation, to assure quality and
tween the demand calculated under para-
to-consumer genetic testing company’’ diversity in the workforce of the intelligence
graph (1) and the child care supported by
community.
means a private entity that— such elements as of the date of the report;
(b) OBSTACLES.—The report submitted
(A) carries out direct-to-consumer genetic under subsection (a) shall include identifica- (3) an assessment of options for addressing
testing; and tion of any obstacles encountered by the in- any such shortfall, including options for pro-
(B) is organized under the laws of the telligence community in exercising the au- viding child care at or near the workplaces
United States or any jurisdiction within the thorities described in such subsection. of employees of such elements;
United States. SEC. 323. REPORT ON SIGNALS INTELLIGENCE (4) an identification of the advantages, dis-
(2) IN GENERAL.—Not later than 180 days PRIORITIES AND REQUIREMENTS. advantages, security requirements, and costs
after the date of the enactment of this Act, (a) REPORT REQUIRED.—Not later than 30 associated with each such option;
the Comptroller General shall submit to days after the date of the enactment of this (5) a plan to meet, by the date that is 5
Congress, including the congressional intel- Act, the Director of National Intelligence years after the date of the report—
ligence committees, the Committee on shall submit to the congressional intel- (A) the demand calculated under paragraph
Armed Services of the Senate, and the Com- ligence committees a report on signals intel- (1); or
mittee on Armed Services of the House of ligence priorities and requirements subject (B) an alternative standard established by
Representatives, a report on the assessment to Presidential Policy Directive 28. the Director for child care available to em-
required by subsection (a). (b) ELEMENTS.—The report required by sub- ployees of such elements; and
(3) ELEMENTS.—The report required by section (a) shall cover the following: (6) an assessment of needs of specific ele-
paragraph (2) shall include the following: (1) The implementation of the annual proc- ments of the intelligence community, in-
(A) A description of key national security ess for advising the Director on signals intel- cluding any Government-provided child care
risks and vulnerabilities associated with di- ligence priorities and requirements described that could be collocated with a workplace of
rect-to-consumer genetic testing, includ- in section 3 of Presidential Policy Directive employees of such an element and any avail-
ing— 28. able child care providers in the proximity of
dlhill on DSK120RN23PROD with SENATE
(i) how the Government of the People’s Re- (2) The signals intelligence priorities and such a workplace.
public of China may be using data provided requirements as of the most recent annual (b) ELEMENTS SPECIFIED.—The elements of
by personnel of the intelligence community process. the intelligence community specified in this
and the Department through direct-to-con- (3) The application of such priorities and subsection are the following:
sumer genetic tests; and requirements to the signals intelligence col- (1) The Central Intelligence Agency.
(ii) how ubiquitous technical surveillance lection efforts of the intelligence commu- (2) The National Security Agency.
may amplify those risks. nity. (3) The Defense Intelligence Agency.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3669
(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 ‘‘(4) does not violate section 3001(j)(1) of
LIGENCE COMMUNITY. 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 (2) CLERICAL AMENDMENT.—The table of
TRUSTED WORKFORCE
than 90 days after the date of the enactment contents in the matter preceding section 2 of
SEC. 401. EXCLUSIVITY, CONSISTENCY, AND
of this Act, the Director of National Intel- the National Security Act of 1947 (50 U.S.C.
TRANSPARENCY IN SECURITY
ligence, in coordination with the head of CLEARANCE PROCEDURES, AND 3002) is amended by inserting after the item
each element of the intelligence community, RIGHT TO APPEAL. relating to section 801 the following:
shall— (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 classified information.’’.
telligence requirements, goals, monetary U.S.C. 3161) is amended by adding at the end (d) RIGHT TO APPEAL.—
and property investments, and capabilities the following: (1) IN GENERAL.—Such title, as amended by
for each element of the intelligence commu- ‘‘(c) EXCLUSIVITY.—Except as provided in subsection (c), is further amended by insert-
nity; and subsection (b) and subject to sections 801A ing after section 801A the following:
(2) evaluate the usability and utility of the and 801B, the procedures established pursu- ‘‘SEC. 801B. RIGHT TO APPEAL.
Open Source Enterprise by soliciting cus- ant to subsection (a) and promulgated and
tomer feedback and evaluating such feed- ‘‘(a) DEFINITIONS.—In this section:
set forth under subpart A of title 32, Code of
back. ‘‘(1) AGENCY.—The term ‘agency’ has the
Federal Regulations, or successor regula-
(b) REQUIREMENT FOR OVERALL STRATEGY meaning given the term ‘Executive agency’
tions, shall be the exclusive procedures by
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
Act, the Director, in coordination with the ‘‘(d) PUBLICATION.— to, or issued an authorized conditional offer
head of each element of the intelligence ‘‘(1) IN GENERAL.—Not later than 180 days of employment for a position that requires
community and using the findings of the Di- after the date of the enactment of this sub- access to classified information by an agen-
rector with respect to the survey conducted section, the President shall— cy, including the following:
under subsection (a), shall— ‘‘(A) publish in the Federal Register the ‘‘(A) A member of the Armed Forces.
(1) develop a strategy for open source intel- procedures established pursuant to sub- ‘‘(B) A civilian.
ligence collection, analysis, and production section (a); or ‘‘(C) An expert or consultant with a con-
that defines the overarching goals, roles, re- ‘‘(B) submit to Congress a certification tractual or personnel obligation to an agen-
sponsibilities, and processes for such collec- that the procedures currently in effect that cy.
tion, analysis, and production for the intel- govern access to classified information as de- ‘‘(D) Any other category of person who acts
ligence community; scribed in subsection (a)— for or on behalf of an agency as determined
(2) develop a plan for improving usability ‘‘(i) are published in the Federal Register; by the head of the agency.
and utility of the Open Source Enterprise and ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED
based on the customer feedback solicited ‘‘(ii) comply with the requirements of sub- INFORMATION.—The term ‘eligibility for ac-
under subsection (a)(2); and section (a). cess to classified information’ has the mean-
(3) conduct a risk and benefit analysis of ‘‘(2) UPDATES.—Whenever the President ing given such term in the procedures estab-
creating an open source center independent makes a revision to a procedure established lished pursuant to section 801(a).
of any current intelligence community ele- pursuant to subsection (a), the President ‘‘(4) NEED FOR ACCESS.—The term ‘need for
ment. shall publish such revision in the Federal access’ has such meaning as the President
(c) REQUIREMENT FOR PLAN FOR CENTRAL- Register not later than 30 days before the may define in the procedures established
IZED DATA REPOSITORY.—Not later than 270 date on which the revision becomes effec- pursuant to section 801(a).
days after the date of the enactment of this tive.’’. ‘‘(5) RECIPROCITY OF CLEARANCE.—The term
Act and using the findings of the Director (c) CONSISTENCY.— ‘reciprocity of clearance’, with respect to a
with respect to the survey and evaluation (1) IN GENERAL.—Title VIII of the National denial by an agency, means that the agency,
conducted under subsection (a), the strategy Security Act of 1947 (50 U.S.C. 3161 et seq.) is with respect to a covered person—
and plan developed under subsection (b), and amended by inserting after section 801 the ‘‘(A) failed to accept a security clearance
the risk and benefit analysis conducted following: background investigation as required by
under such subsection, the Director shall de- paragraph (1) of section 3001(d) of the Intel-
‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO
velop a plan for a centralized data repository CLASSIFIED INFORMATION. ligence Reform and Terrorism Prevention
of open source intelligence that enables all ‘‘(a) DEFINITIONS.—In this section: Act of 2004 (50 U.S.C. 3341(d));
elements of the intelligence community— ‘‘(1) AGENCY.—The term ‘agency’ has the ‘‘(B) failed to accept a transferred security
(1) to use such repository for their specific meaning given the term ‘Executive agency’ clearance background investigation required
requirements; and in section 105 of title 5, United States Code. by paragraph (2) of such section;
(2) to derive open source intelligence ad- ‘‘(2) CLASSIFIED INFORMATION.—The term ‘‘(C) subjected the covered person to an ad-
vantages. ‘classified information’ includes sensitive ditional investigative or adjudicative re-
(d) REQUIREMENT FOR COST-SHARING
compartmented information, restricted data, quirement in violation of paragraph (3) of
MODEL.—Not later than 1 year after the date
restricted handling information, and other such section; or
of the enactment of this Act and using the
compartmented information. ‘‘(D) conducted an investigation in viola-
findings of the Director with respect to the
survey and evaluation conducted under sub- ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED tion of paragraph (4) of such section.
section (a), the strategy and plan developed INFORMATION.—The term ‘eligibility for ac- ‘‘(6) SECURITY EXECUTIVE AGENT.—The term
under subsection (b), the risk and benefit cess to classified information’ has the mean- ‘Security Executive Agent’ means the officer
analysis conducted under such subsection, ing given such term in the procedures estab- serving as the Security Executive Agent pur-
and the plan developed under subsection (c), lished pursuant to section 801(a). suant to section 803.
the Director shall develop a cost-sharing ‘‘(b) IN GENERAL.—Each head of an agency ‘‘(b) AGENCY REVIEW.—
model that leverages the open source intel- that makes a determination regarding eligi- ‘‘(1) IN GENERAL.—Not later than 180 days
ligence investments of each element of the bility for access to classified information after the date of the enactment of the Intel-
intelligence community for the beneficial shall ensure that in making the determina- ligence Authorization Act for Fiscal Year
use of the entire intelligence community. tion, the head of the agency or any person 2021, each head of an agency shall, consistent
(e) CONGRESSIONAL BRIEFING.—Not later acting on behalf of the head of the agency— with the interest of national security, estab-
than 1 year after the date of the enactment ‘‘(1) does not violate any right or protec- lish and publish in the Federal Register a
of this Act, the Director of National Intel- tion enshrined in the Constitution of the process by which a covered person to whom
dlhill on DSK120RN23PROD with SENATE
ligence, the Director of the Central Intel- United States, including rights articulated eligibility for access to classified informa-
ligence Agency, the Director of the Defense in the First, Fifth, and Fourteenth Amend- tion was denied or revoked by the agency or
Intelligence Agency, the Director of the Na- ments; for whom reciprocity of clearance was denied
tional Geospatial-Intelligence Agency, and ‘‘(2) does not discriminate for or against an by the agency can appeal that denial or rev-
the Director of the National Security Agen- individual on the basis of race, ethnicity, ocation within the agency.
cy shall jointly brief the congressional intel- color, religion, sex, national origin, age, or ‘‘(2) ELEMENTS.—The process required by
ligence committees on— handicap; paragraph (1) shall include the following:
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S3670 CONGRESSIONAL RECORD — SENATE June 29, 2020
‘‘(A) In the case of a covered person to (A) shall be composed of at least three em- ‘‘(1) IN GENERAL.—Except as provided in
whom eligibility for access to classified in- ployees of the agency selected by the agency paragraph (2), any covered person who has
formation or reciprocity of clearance is de- head, two of whom shall not be members of been the subject of a decision made by the
nied or revoked by an agency, the following: the security field. head of an agency to deny or revoke eligi-
‘‘(i) The head of the agency shall provide ‘‘(ii) TERMS.—A term of service on a panel bility for access to classified information
the covered person with a written— established by the head of an agency under shall retain all rights to appeal under this
‘‘(I) detailed explanation of the basis for subparagraph (A) shall not exceed 2 years. section until the conclusion of the appeals
the denial or revocation as the head of the ‘‘(C) DECISIONS.— process under this section.
agency determines is consistent with the in- ‘‘(i) WRITTEN.—Each decision of a panel es- ‘‘(2) WAIVER OF RIGHTS.—
terests of national security and as permitted tablished under subparagraph (A) shall be in ‘‘(A) PERSONS.—Any covered person may
by other applicable provisions of law; and writing and contain a justification of the de- voluntarily waive the covered person’s right
‘‘(II) notice of the right of the covered per- cision. to appeal under this section and such waiver
son to a hearing and appeal under this sub- ‘‘(ii) CONSISTENCY.—Each head of an agency shall be conclusive.
section. that establishes a panel under subparagraph ‘‘(B) AGENCIES.—The head of an agency
‘‘(ii) Not later than 30 days after receiving (A) shall ensure that each decision of the may not require a covered person to waive
a request from the covered person for copies panel is consistent with the interests of na- the covered person’s right to appeal under
of the documents that formed the basis of tional security and applicable provisions of this section for any reason.
the agency’s decision to revoke or deny, in- law. ‘‘(d) WAIVER OF AVAILABILITY OF PROCE-
cluding the investigative file, the head of the ‘‘(iii) OVERTURN.—The head of an agency DURES FOR NATIONAL SECURITY INTEREST.—
agency shall provide to the covered person may overturn a decision of the panel if, not ‘‘(1) IN GENERAL.—If the head of an agency
copies of such documents as— later than 30 days after the date on which determines that a procedure established
‘‘(I) the head of the agency determines is the panel issues the decision, the agency under subsection (b) cannot be made avail-
consistent with the interests of national se- head personally exercises the authority able to a covered person in an exceptional
curity; and granted by this clause to overturn such deci- case without damaging a national security
‘‘(II) permitted by other applicable provi- sion. interest of the United States by revealing
sions of law, including— ‘‘(iv) FINALITY.—Each decision of a panel classified information, such procedure shall
‘‘(aa) section 552 of title 5, United States established under subparagraph (A) or over- not be made available to such covered per-
Code (commonly known as the ‘Freedom of turned pursuant to clause (iii) of this sub- son.
Information Act’); ‘‘(2) FINALITY.—A determination under
paragraph shall be final.
‘‘(bb) section 552a of such title (commonly paragraph (1) shall be final and conclusive
‘‘(D) ACCESS TO CLASSIFIED INFORMATION.—
known as the ‘Privacy Act of 1974’); and and may not be reviewed by any other offi-
The head of an agency that establishes a
‘‘(cc) such other provisions of law relating cial or by any court.
panel under subparagraph (A) shall afford ac-
to the protection of confidential sources and ‘‘(3) REPORTING.—
cess to classified information to the mem-
privacy of individuals. ‘‘(A) CASE-BY-CASE.—
bers of the panel as the agency head deter-
‘‘(iii)(I) The covered person shall have the ‘‘(i) IN GENERAL.—In each case in which the
mines—
opportunity to retain counsel or other rep- head of an agency determines under para-
‘‘(i) necessary for the panel to hear and re-
resentation at the covered person’s expense. graph (1) that a procedure established under
view an appeal under this subsection; and subsection (b) cannot be made available to a
‘‘(II) Upon the request of the covered per-
‘‘(ii) consistent with the interests of na- covered person, the agency head shall, not
son, and a showing that the ability to review
tional security. later than 30 days after the date on which
classified information is essential to the res-
‘‘(4) REPRESENTATION BY COUNSEL.— the agency head makes such determination,
olution of an appeal under this subsection,
‘‘(A) IN GENERAL.—Each head of an agency submit to the Security Executive Agent and
counsel or other representation retained
shall ensure that, under this subsection, a to the congressional intelligence committees
under this clause shall be considered for ac-
covered person appealing a decision of the a report stating the reasons for the deter-
cess to classified information for the limited
head’s agency under this subsection has an mination.
purposes of such appeal.
opportunity to retain counsel or other rep- ‘‘(ii) FORM.—A report submitted under
‘‘(iv)(I) The head of the agency shall pro-
vide the covered person an opportunity, at a resentation at the covered person’s expense. clause (i) may be submitted in classified
point in the process determined by the agen- ‘‘(B) ACCESS TO CLASSIFIED INFORMATION.— form as necessary.
cy head— ‘‘(i) IN GENERAL.—Upon the request of a ‘‘(B) ANNUAL REPORTS.—
‘‘(aa) to appear personally before an adju- covered person appealing a decision of an ‘‘(i) IN GENERAL.—Not less frequently than
dicative or other authority, other than the agency under this subsection and a showing once each fiscal year, the Security Executive
investigating entity, and to present to such that the ability to review classified informa- Agent shall submit to the congressional in-
authority relevant documents, materials, tion is essential to the resolution of the ap- telligence committees a report on the deter-
and information, including evidence that peal under this subsection, the head of the minations made under paragraph (1) during
past problems relating to the denial or rev- agency shall sponsor an application by the the previous fiscal year.
ocation have been overcome or sufficiently counsel or other representation retained ‘‘(ii) CONTENTS.—Each report submitted
mitigated; and under this paragraph for access to classified under clause (i) shall include, for the period
‘‘(bb) to call and cross-examine witnesses information for the limited purposes of such covered by the report, the following:
before such authority, unless the head of the appeal. ‘‘(I) The number of cases and reasons for
agency determines that calling and cross-ex- ‘‘(ii) EXTENT OF ACCESS.—Counsel or an- determinations made under paragraph (1),
amining witnesses is not consistent with the other representative who is cleared for ac- disaggregated by agency.
interests of national security. cess under this subparagraph may be af- ‘‘(II) Such other matters as the Security
‘‘(II) The head of the agency shall make, as forded access to relevant classified materials Executive Agent considers appropriate.
part of the security record of the covered to the extent consistent with the interests of ‘‘(e) DENIALS AND REVOCATIONS UNDER
person, a written summary, transcript, or re- national security. OTHER PROVISIONS OF LAW.—
cording of any appearance under item (aa) of ‘‘(5) PUBLICATION OF DECISIONS.— ‘‘(1) RULE OF CONSTRUCTION.—Nothing in
subclause (I) or of any calling or cross-exam- ‘‘(A) IN GENERAL.—Each head of an agency this section shall be construed to limit or af-
ining of witnesses under item (bb) of such shall publish each final decision on an appeal fect the responsibility and power of the head
subclause. under this subsection. of an agency to deny or revoke eligibility for
‘‘(v) On or before the date that is 30 days ‘‘(B) REQUIREMENTS.—In order to ensure access to classified information or to deny
after the date on which the covered person transparency, oversight by Congress, and reciprocity of clearance in the interest of na-
receives copies of documents under clause meaningful information for those who need tional security.
(ii), the covered person may request a hear- to understand how the clearance process ‘‘(2) DENIALS AND REVOCATION.—The power
ing of the decision to deny or revoke by fil- works, each publication under subparagraph and responsibility to deny or revoke eligi-
ing a written appeal with the head of the (A) shall be— bility for access to classified information or
agency. ‘‘(i) made in a manner that is consistent to deny reciprocity of clearance pursuant to
‘‘(B) A requirement that each review of a with section 552 of title 5, United States any other provision of law or Executive
decision under this subsection is completed Code, as amended by the Electronic Freedom order may be exercised only when the head
on average not later than 180 days after the of Information Act Amendments of 1996 of an agency determines that an applicable
date on which a hearing is requested under (Public Law 104–231); process established under this section cannot
subparagraph (A)(v). ‘‘(ii) published to explain the facts of the be invoked in a manner that is consistent
dlhill on DSK120RN23PROD with SENATE
‘‘(3) AGENCY REVIEW PANELS.— case, redacting personally identifiable infor- with national security.
‘‘(A) IN GENERAL.—Each head of an agency mation and sensitive program information; ‘‘(3) FINALITY.—A determination under
shall establish a panel to hear and review ap- and paragraph (2) shall be final and conclusive
peals under this subsection. ‘‘(iii) made available on a website that is and may not be reviewed by any other offi-
‘‘(B) MEMBERSHIP.— searchable by members of the public. cial or by any court.
‘‘(i) COMPOSITION.—Each panel established ‘‘(c) PERIOD OF TIME FOR THE RIGHT TO AP- ‘‘(4) REPORTING.—
by the head of an agency under subparagraph PEAL.— ‘‘(A) CASE-BY-CASE.—
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3671
‘‘(i) IN GENERAL.—In each case in which the the adverse security clearance or access de- cumstances the Security Executive Agent
head of an agency determines under para- termination taken against the individual. considers extraordinary;
graph (2) that a determination relating to a ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.—An indi- (2) require that covered derogatory infor-
denial or revocation of eligibility for access vidual under clause (i) may demonstrate that mation shared with a contractor employer as
to classified information or denial of reci- the disclosure was a contributing factor in described in subsection (b)(1) be used by the
procity of clearance could not be made pur- the adverse security clearance or access de- contractor employer exclusively for risk
suant to a process established under this sec- termination taken against the individual mitigation purposes under section 1–202 of
tion, the agency head shall, not later than 30 through circumstantial evidence, such as the National Industrial Security Program
days after the date on which the agency head evidence that— Operating Manual, or successor manual;
makes such a determination under para- ‘‘(I) the official making the determination (3) require Federal agencies to share any
graph (2), submit to the Security Executive knew of the disclosure; and mitigation measures in place to address the
Agent and to the congressional intelligence ‘‘(II) the determination occurred within a derogatory information;
committees a report stating the reasons for period such that a reasonable person could (4) establish standards for timeliness for
the determination. conclude that the disclosure was a contrib- sharing the derogatory information;
‘‘(ii) FORM.—A report submitted under uting factor in the determination. (5) specify the methods by which covered
clause (i) may be submitted in classified ‘‘(iii) DEFENSE.—In determining whether derogatory information will be shared with
form as necessary. the adverse security clearance or access de- the contractor employer of the contractor
‘‘(B) ANNUAL REPORTS.— termination violated paragraph (1), the agen- employee;
‘‘(i) IN GENERAL.—Not less frequently than cy shall not find that paragraph (1) was vio- (6) allow the contractor employee, within a
once each fiscal year, the Security Executive lated if, after a finding that a disclosure was specified timeframe, the right—
Agent shall submit to the congressional in- a contributing factor, the agency dem- (A) to contest the accuracy and reliability
telligence committees a report on the deter- onstrates by clear and convincing evidence of covered derogatory information;
minations made under paragraph (2) during that it would have made the same security (B) to address or remedy any concerns
the previous fiscal year. clearance or access determination in the ab- raised by the covered derogatory informa-
‘‘(ii) CONTENTS.—Each report submitted sence of such disclosure.’’. tion; and
under clause (i) shall include, for the period (C) to provide documentation pertinent to
SEC. 403. FEDERAL POLICY ON SHARING OF DE-
covered by the report, the following: ROGATORY INFORMATION PER-
subparagraph (A) or (B) for an agency to
‘‘(I) The number of cases and reasons for TAINING TO CONTRACTOR EMPLOY- place in relevant security clearance data-
determinations made under paragraph (2), EES IN THE TRUSTED WORKFORCE. bases;
disaggregated by agency. (a) POLICY REQUIRED.—Not later than 180 (7) establish a procedure by which the con-
‘‘(II) Such other matters as the Security tractor employer of the contractor employee
days after the date of the enactment of this
Executive Agent considers appropriate. may consult with the Federal Government
Act, the Security Executive Agent, in co-
‘‘(f) RELATIONSHIP TO SUITABILITY.—No per- prior to taking any remedial action under
ordination with the principal members of the
son may use a determination of suitability section 1–202 of the National Industrial Secu-
Performance Accountability Council and the
under part 731 of title 5, Code of Federal Reg- rity Program Operating Manual, or successor
Attorney General, shall issue a policy for the
ulations, or successor regulation, for the manual, to address the derogatory informa-
Federal Government on sharing of deroga-
tion the Federal agency has provided;
purpose of denying a covered person the re- tory information pertaining to contractor
(8) stipulate that the chief security officer
view proceedings of this section where there employees engaged by the Federal Govern-
of the contractor employer is prohibited
has been a denial or revocation of eligibility ment.
from sharing or discussing covered deroga-
for access to classified information or a de- (b) CONSENT REQUIREMENT.— tory information with other parties, includ-
nial of reciprocity of clearance. (1) IN GENERAL.—The policy issued under ing nonsecurity professionals at the con-
‘‘(g) PRESERVATION OF ROLES AND RESPON- subsection (a) shall require, as a condition of tractor employer; and
SIBILITIES UNDER EXECUTIVE ORDER 10865 AND accepting a security clearance with the Fed- (9) require companies in the National In-
OF THE DEFENSE OFFICE OF HEARINGS AND AP- eral Government, that a contractor em- dustrial Security Program to comply with
PEALS.—Nothing in this section shall be con- ployee provide prior written consent for the the policy.
strued to diminish or otherwise affect the Federal Government to share covered derog- (d) CONSIDERATION OF LESSONS LEARNED
procedures in effect on the day before the atory information with the chief security of- FROM INFORMATION-SHARING PROGRAM FOR
date of the enactment of this Act for denial ficer of the contractor employer that em- POSITIONS OF TRUST AND SECURITY CLEAR-
and revocation procedures provided to indi- ploys the contractor employee. ANCES.—In developing the policy issued
viduals by Executive Order 10865 (50 U.S.C. (2) COVERED DEROGATORY INFORMATION.— under subsection (a), the Director shall con-
3161 note; relating to safeguarding classified For purposes of this section, covered deroga- sider, to the extent available, lessons learned
information within industry), or successor tory information— from actions taken to carry out section
order, including those administered through (A) is information that— 6611(f) of the National Defense Authorization
the Defense Office of Hearings and Appeals of (i) contravenes National Security Adju- Act for Fiscal Year 2020 (Public Law 116–92).
the Department of Defense under Depart- dicative Guidelines as specified in Security TITLE V—REPORTS AND OTHER MATTERS
ment of Defense Directive 5220.6, or successor Executive Agent Directive 4 (10 C.F.R. 710 Subtitle A—Wireless Supply Chain
directive. app. A), or any successor Federal policy; Innovation and Multilateral Security
‘‘(h) RULE OF CONSTRUCTION RELATING TO (ii) a Federal Government agency certifies SEC. 501. DEFINITIONS.
CERTAIN OTHER PROVISIONS OF LAW.—This is accurate and reliable;
section and the processes and procedures es- In this subtitle:
(iii) is relevant to a contractor’s ability to (1) 3GPP.—The term ‘‘3GPP’’ means the
tablished under this section shall not be con- protect against insider threats as required
strued to apply to paragraphs (6) and (7) of Third Generation Partnership Project.
by section 1–202 of the National Industrial (2) 5G NETWORK.—The term ‘‘5G network’’
section 3001(j) of the Intelligence Reform and Security Program Operating Manual means a radio network as described by 3GPP
Terrorism Prevention Act of 2004 (50 U.S.C. (NISPOM), or successor manual; and Release 15 or higher.
3341(j)).’’. (iv) may have a bearing on the contractor (3) COMMISSION.—The term ‘‘Commission’’
(2) CLERICAL AMENDMENT.—The table of employee’s suitability for a position of pub- means the Federal Communications Com-
contents in the matter preceding section 2 of lic trust or to receive credentials to access mission.
the National Security Act of 1947 (50 U.S.C. certain facilities of the Federal Government; (4) NTIA ADMINISTRATOR.—The term ‘‘NTIA
3002), as amended by subsection (c), is fur- and Administrator’’ means the Assistant Sec-
ther amended by inserting after the item re- (B) shall include any negative information retary of Commerce for Communications and
lating to section 801A the following: considered in the adjudicative process, in- Information.
‘‘Sec. 801B. Right to appeal.’’. cluding information provided by the con- (5) OPEN-RAN.—The term ‘‘Open-RAN’’
SEC. 402. ESTABLISHING PROCESS PARITY FOR tractor employee on forms submitted for the means the Open Radio Access Network ap-
SECURITY CLEARANCE REVOCA- processing of the contractor employee’s se- proach to standardization adopted by the O-
TIONS. curity clearance. RAN Alliance, Telecom Infra Project, or
Subparagraph (C) of section 3001(j)(4) of the (c) ELEMENTS.—The policy issued under 3GPP, or any similar set of open standards
Intelligence Reform and Terrorism Preven- subsection (a) shall— for multi-vendor network equipment inter-
tion Act of 2004 (50 U.S.C. 3341(j)(4)) is (1) require Federal agencies, except under operability.
amended to read as follows: exceptional circumstances specified by the (6) RELEVANT COMMITTEES OF CONGRESS.—
‘‘(C) BURDENS OF PROOF.— Security Executive Agent, to share with the The term ‘‘relevant committees of Congress’’
dlhill on DSK120RN23PROD with SENATE
‘‘(i) IN GENERAL.—Subject to clause (iii), in contractor employer of a contractor em- means—
determining whether the adverse security ployee engaged with the Federal Government (A) the Select Committee on Intelligence
clearance or access determination violated the existence of potentially derogatory in- of the Senate;
paragraph (1), the agency shall find that formation and which National Security Ad- (B) the Committee on Foreign Relations of
paragraph (1) was violated if the individual judicative Guideline it falls under, with the the Senate;
has demonstrated that a disclosure described exception that the Security Executive Agent (C) the Committee on Homeland Security
in paragraph (1) was a contributing factor in may waive such requirement in cir- and Governmental Affairs of the Senate;
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S3672 CONGRESSIONAL RECORD — SENATE June 29, 2020
(D) the Committee on Armed Services of RAN Alliance, the Telecom Infra Project, (c) MULTILATERAL TELECOMMUNICATIONS
the Senate; 3GPP, the Open-RAN Software Community, SECURITY FUND.—
(E) the Committee on Commerce, Science, or any successor organizations. (1) ESTABLISHMENT OF FUND.—
and Transportation of the Senate; (C) Promoting compatibility of new 5G (A) IN GENERAL.—There is established in
(F) the Committee on Appropriations of equipment with future open standards-based, the Treasury of the United States a trust
the Senate; interoperable equipment. fund to be known as the ‘‘Multilateral Tele-
(G) the Permanent Select Committee on (D) Managing integration of multi-vendor communications Security Fund’’.
Intelligence of the House of Representatives; network environments. (B) USE OF FUND.—Amounts appropriated
(H) the Committee on Foreign Affairs of (E) Objective criteria to define equipment to the Multilateral Telecommunications Se-
the House of Representatives; as compliant with open standards for multi- curity Fund shall be available to the Sec-
(I) the Committee on Homeland Security vendor network equipment interoperability. retary of State to make expenditures under
of the House of Representatives; (F) Promoting development and inclusion this subsection in such amounts as the Sec-
(J) the Committee on Armed Services of of security features enhancing the integrity retary of State determines appropriate.
the House of Representatives; and availability of equipment in multi-ven- (C) AVAILABILITY.—
(K) the Committee on Energy and Com- dor networks. (i) IN GENERAL.—Amounts deposited in the
merce of the House of Representatives; and (G) Promoting the application of network Multilateral Telecommunications Security
(L) the Committee on Appropriations of function virtualization to facilitate multi- Fund—
the House of Representatives. vendor interoperability and a more diverse (I) shall remain available through the end
SEC. 502. COMMUNICATIONS TECHNOLOGY SECU- of the tenth fiscal year beginning after the
vendor market.
RITY FUNDS.
(4) TIMING.—Not later than 1 year after the date of enactment of this Act; and
(a) AUTHORIZATION OF APPROPRIATIONS.— (II) may only be allocated upon the Sec-
date of enactment of this Act, the NTIA Ad-
(1) IN GENERAL.—There are authorized to be retary of State reaching an agreement with
appropriated for fiscal years 2021 through ministrator shall begin awarding grants
under this subsection. foreign government partners to participate
2031— in the common funding mechanism described
(A) $50,000,000 for the Public Wireless Sup- (5) FEDERAL ADVISORY BODY.—
(A) ESTABLISHMENT.—The NTIA Adminis- in paragraph (2).
ply Chain Innovation Fund established under TREASURY.—Any
trator shall establish a Federal advisory (ii) REMAINDER TO
subsection (b) of this section; and
committee, in accordance with the Federal amounts remaining in the Multilateral Tele-
(B) $25,000,000 for the Multilateral Tele-
Advisory Committee Act (5 U.S.C. App.), communications Security Fund after the end
communications Security Fund established
composed of government and private sector of the tenth fiscal year beginning after the
under subsection (c) of this section.
experts, to advise the NTIA Administrator date of enactment of this Act shall be depos-
(2) AVAILABILITY.—Amounts made avail-
on the administration of the R&D Fund. ited in the general fund of the Treasury.
able under paragraph (1) shall remain avail-
(B) COMPOSITION.—The advisory committee (2) ADMINISTRATION OF FUND.—The Sec-
able through fiscal year 2031.
(b) PUBLIC WIRELESS SUPPLY CHAIN INNOVA- established under subparagraph (A) shall be retary of State, in consultation with the
TION FUND.— composed of— NTIA Administrator, the Secretary of Home-
(1) ESTABLISHMENT.— (i) representatives from— land Security, the Secretary of Defense, the
(A) IN GENERAL.—There is established in (I) the Commission; Secretary of the Treasury, the Director of
the Treasury of the United States a trust (II) the Department of Defense; National Intelligence, and the Commission,
fund to be known as the ‘‘Public Wireless (III) the Intelligence Advanced Research shall establish a common funding mecha-
Supply Chain Innovation Fund’’ (referred to Projects Activity of the Office of the Direc- nism, in coordination with foreign partners,
in this subsection as the ‘‘R&D Fund’’). tor of National Intelligence; that uses amounts from the Multilateral
(B) AVAILABILITY.— (IV) the National Institute of Standards Telecommunications Security Fund to sup-
(i) IN GENERAL.—Amounts deposited in the and Technology; port the development and adoption of secure
R&D Fund shall remain available through (V) the Department of State; and trusted telecommunications tech-
the end of the tenth fiscal year beginning (VI) the National Science Foundation; and nologies.
after the date of enactment of this Act. (VII) the Department of Homeland Secu- (3) ANNUAL REPORT TO CONGRESS.—Not later
(ii) REMAINDER TO TREASURY.—Any rity; and than 1 year after the date of enactment of
amounts remaining in the R&D Fund after (ii) other representatives from the private this Act, and annually thereafter for each
the end of the tenth fiscal year beginning and public sectors, at the discretion of the fiscal year during which amounts in the Mul-
after the date of enactment of this Act shall NTIA Administrator. tilateral Telecommunications Security Fund
be deposited in the general fund of the Treas- (C) DUTIES.—The advisory committee es- are available, the Secretary of State shall
ury. tablished under subparagraph (A) shall ad- submit to the relevant committees of Con-
(2) USE OF FUND.— vise the NTIA Administrator on technology gress a report on the status and progress of
(A) IN GENERAL.—Amounts appropriated to developments to help inform— the funding mechanism established under
the R&D Fund shall be available to the NTIA (i) the strategic direction of the R&D paragraph (2), including—
Administrator to make grants under this Fund; and (A) any funding commitments from foreign
subsection in such amounts as the NTIA Ad- (ii) efforts of the Federal Government to partners, including each specific amount
ministrator determines appropriate, subject promote a more secure, diverse, sustainable, committed;
to clause (ii) of this subparagraph. and competitive supply chain. (B) governing criteria for use of the Multi-
(B) LIMITATION ON GRANT AMOUNTS.—The (6) REPORTS TO CONGRESS.— lateral Telecommunications Security Fund;
amount of a grant awarded under this sub- (A) INITIAL REPORT.—Not later than 180 (C) an account of—
section to a recipient for a specific research days after the date of enactment of this Act, (i) how, and to whom, funds have been de-
focus area may not exceed $50,000,000. the NTIA Administrator shall submit to the ployed;
(3) ADMINISTRATION OF FUND.—The NTIA relevant committees of Congress a report (ii) amounts remaining in the Multilateral
Administrator, in consultation with the with— Telecommunications Security Fund; and
Commission, the Director of the National In- (i) additional recommendations on pro- (iii) the progress of the Secretary of State
stitute of Standards and Technology, the moting the competitiveness and sustain- in meeting the objective described in para-
Secretary of Homeland Security, the Sec- ability of trusted suppliers in the wireless graph (2); and
retary of Defense, and the Director of the In- supply chain; and (D) additional authorities needed to en-
telligence Advanced Research Projects Ac- (ii) any additional authorities needed to fa- hance the effectiveness of the Multilateral
tivity of the Office of the Director of Na- cilitate the timely adoption of open stand- Telecommunications Security Fund in
tional Intelligence, shall establish criteria ards-based equipment, including authority to achieving the security goals of the United
for grants awarded under this subsection, provide loans, loan guarantees, and other States.
and administer the R&D Fund, to support re- forms of credit extension that would maxi- SEC. 503. PROMOTING UNITED STATES LEADER-
search and the commercial application of mize the use of designated funds. SHIP IN INTERNATIONAL ORGANIZA-
that research, including in the following (B) ANNUAL REPORT.—For each fiscal year TIONS AND COMMUNICATIONS
areas: for which amounts in the R&D Fund are STANDARDS-SETTING BODIES.
(A) Promoting the development of tech- available under this subsection, the NTIA
(a) IN GENERAL.—The Secretary of State,
nology, including software, hardware, and Administrator shall submit to Congress a re-
microprocessing technology, that will en- port that— the Secretary of Commerce, and the Chair-
hance competitiveness in the fifth-genera- (i) describes how, and to whom, amounts in man of the Commission, or their designees,
dlhill on DSK120RN23PROD with SENATE
tion (commonly known as ‘‘5G’’) and suc- the R&D Fund have been deployed; shall consider how to enhance representation
cessor wireless technology supply chains. (ii) details the progress of the NTIA Ad- of the United States at international forums
(B) Accelerating development and deploy- ministrator in meeting the objectives de- that set standards for 5G networks and for
ment of open interface standards-based com- scribed in paragraph (3); and future generations of wireless communica-
patible, interoperable equipment, such as (iii) includes any additional information tions networks, including—
equipment developed pursuant to the stand- that the NTIA Administrator determines ap- (1) the International Telecommunication
ards set forth by organizations such as the O- propriate. Union (commonly known as ‘‘ITU’’);
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3673
(2) the International Organization for (1) Matters relating to threats described in cy described in subsection (c) shall include
Standardization (commonly known as subsection (a) as they pertain to the fol- the following:
‘‘ISO’’); lowing: (1) An evaluation of the recommendations
(3) the Inter-American Telecommuni- (A) The threat posed to United States per- in the report described in subsection (b) that
cations Commission (commonly known as sons and persons inside the United States. the agency identifies as pertaining directly
‘‘CITEL’’); and (B) The threat posed to United States per- to the agency.
(4) the voluntary standards organizations sonnel overseas. (2) A description of the actions taken, or
that develop protocols for wireless devices (C) The threat posed to employees of the the actions that the head of the agency may
and other equipment, such as the 3GPP and Federal Government, including through both consider taking, to implement any of the
the Institute of Electrical and Electronics official and personal accounts and devices. recommendations (including a comprehen-
Engineers (commonly known as ‘‘IEEE’’). (2) A description of which foreign govern- sive estimate of requirements for appropria-
(b) ANNUAL REPORT.—The Secretary of ments and entities pose the greatest threats tions to take such actions).
State, the Secretary of Commerce, and the from the use of technology described in sub- SEC. 514.
ASSESSMENT OF CRITICAL TECH-
Chairman of the Commission shall jointly section (a) and the nature of those threats. NOLOGY TRENDS RELATING TO AR-
submit to the relevant committees of Con- (3) An assessment of the source of the com- TIFICIAL INTELLIGENCE,
gress an annual report on the progress made mercially available cyber intrusion and MICROCHIPS, AND SEMICONDUC-
TORS AND RELATED SUPPLY
under subsection (a). other surveillance technology that poses the CHAINS.
Subtitle B—Reports and Other Matters threats described in subsection (a), including (a) ASSESSMENT REQUIRED.—Not later than
SEC. 511. REPORT ON ATTEMPTS BY FOREIGN AD-
whether such technology is made by United 180 days after the date of the enactment of
VERSARIES TO BUILD TELE- States companies or companies in the United this Act, the Director of National Intel-
COMMUNICATIONS AND CYBERSE- States or by foreign companies. ligence shall complete a detailed assessment
CURITY EQUIPMENT AND SERVICES (4) An assessment of actions taken, as of of critical technology trends relating to arti-
FOR, OR TO PROVIDE SUCH EQUIP- the date of the enactment of this Act, by the
MENT AND SERVICES TO, CERTAIN ficial intelligence, microchips, and semi-
Federal Government and foreign govern- conductors and related supply chains.
ALLIES OF THE UNITED STATES. ments to limit the export of technology de-
(a) DEFINITIONS.—In this section: (b) ELEMENTS.—The assessment required
scribed in subsection (a) from the United by subsection (a) shall include the following:
(1) APPROPRIATE COMMITTEES OF CON- States or foreign countries to foreign gov-
GRESS.—The term ‘‘appropriate committees
(1) EXPORT CONTROLS.—
ernments and entities in ways that pose the (A) IN GENERAL.—An assessment of efforts
of Congress’’ means— threats described in such subsection.
(A) the Committee on Armed Services and by partner countries to enact and implement
(5) Matters relating to how the Federal export controls and other technology trans-
the Select Committee on Intelligence of the Government, Congress, and foreign govern-
Senate; and fer measures with respect to artificial intel-
ments can most effectively mitigate the ligence, microchips, advanced manufacturing
(B) the Committee on Armed Services and threats described in subsection (a), including
the Permanent Select Committee on Intel- equipment, and other artificial intelligence
matters relating to the following: enabled technologies critical to United
ligence of the House of Representatives. (A) Working with the technology and tele-
(2) FIVE EYES COUNTRY.—The term ‘‘Five States supply chains.
communications industry to identify and im- (B) IDENTIFICATION OF OPPORTUNITIES FOR
Eyes country’’ means any of the following: prove the security of consumer software and COOPERATION.—The assessment under sub-
(A) Australia. hardware used by United States persons and
(B) Canada. paragraph (A) shall identify opportunities
persons inside the United States that is tar- for further cooperation with international
(C) New Zealand. geted by commercial cyber intrusion and
(D) The United Kingdom. partners on a multilateral and bilateral basis
surveillance software. to strengthen export control regimes and ad-
(E) The United States. (B) Export controls.
(b) REPORT REQUIRED.—Not later than 90 dress technology transfer threats.
(C) Diplomatic pressure. (2) SEMICONDUCTOR SUPPLY CHAINS.—
days after the date of the enactment of this (D) Trade agreements.
Act, the Director of the Central Intelligence (A) IN GENERAL.—An assessment of global
(c) FORM.—The report submitted under semiconductor supply chains, including
Agency, the Director of the National Secu- subsection (a) shall be submitted in unclassi-
rity Agency, and the Director of the Defense areas to reduce United States vulnerabilities
fied form, but may include a classified
Intelligence Agency shall jointly submit to and maximize points of leverage.
annex.
the appropriate committees of Congress a re- (B) ANALYSIS OF POTENTIAL EFFECTS.—The
SEC. 513. REPORTS ON RECOMMENDATIONS OF
port on attempts by foreign adversaries to THE CYBERSPACE SOLARIUM COM-
assessment under subparagraph (A) shall in-
build telecommunications and cybersecurity MISSION. clude an analysis of the potential effects of
equipment and services for, or to provide (a) APPROPRIATE COMMITTEES OF CON- significant geopolitical shifts, including
such equipment and services to, Five Eyes GRESS.—In this section, the term ‘‘appro- those related to Taiwan.
countries. priate committees of Congress’’ means— (C) IDENTIFICATION OF OPPORTUNITIES FOR
(c) ELEMENTS.—The report submitted (1) the Committee on Armed Services, the DIVERSIFICATION.—The assessment under sub-
under subsection (b) shall include the fol- Select Committee on Intelligence, the Com- paragraph (A) shall also identify opportuni-
lowing: mittee on Homeland Security and Govern- ties for diversification of United States sup-
(1) An assessment of United States intel- mental Affairs, the Committee on Com- ply chains, including an assessment of cost,
ligence sharing and intelligence and military merce, Science, and Transportation, and the challenges, and opportunities to diversify
force posture in any Five Eyes country that Committee on Energy and Natural Resources manufacturing capabilities on a multi-
currently uses or intends to use tele- of the Senate; and national basis.
communications or cybersecurity equipment (2) the Committee on Armed Services, the (3) COMPUTING POWER.—An assessment of
or services provided by a foreign adversary of Permanent Select Committee on Intel- trends relating to computing power and the
the United States, including China and Rus- ligence, the Committee on Homeland Secu- effect of such trends on global artificial in-
sia. rity, the Committee on Science, Space, and telligence development and implementation,
(2) A description and assessment of mitiga- Technology, and the Committee on Energy in consultation with the Director of the In-
tion of any potential compromises or risks and Commerce of the House of Representa- telligence Advanced Research Projects Ac-
for any circumstance described in paragraph tives. tivity, the Director of the Defense Advanced
(1). (b) REPORTS REQUIRED.—Not later than 180 Research Projects Agency, and the Director
(d) FORM.—The report required by sub- days after the date of the enactment of this of the National Institute of Standards and
section (b) shall include an unclassified exec- Act, each head of an agency described in sub- Technology, including forward-looking as-
utive summary, and may include a classified section (c) shall submit to the appropriate sessments of how computing resources may
annex. committees of Congress a report on the rec- affect United States national security, inno-
SEC. 512. REPORT ON THREATS POSED BY USE BY ommendations included in the report issued vation, and implementation relating to arti-
FOREIGN GOVERNMENTS AND ENTI- by the Cyberspace Solarium Commission ficial intelligence.
TIES OF COMMERCIALLY AVAILABLE under section 1652(k) of the John S. McCain (c) REPORT.—
CYBER INTRUSION AND SURVEIL- National Defense Authorization Act for Fis- (1) DEFINITION OF APPROPRIATE COMMITTEES
LANCE TECHNOLOGY. cal Year 2019 (Public Law 115–232). OF CONGRESS.—In this subsection, the term
(a) REPORT REQUIRED.—Not later than 180 (c) AGENCIES DESCRIBED.—The agencies de- ‘‘appropriate committees of Congress’’
days after the date of the enactment of this scribed in this subsection are the following: means—
Act, the Director of National Intelligence (1) The Office of the Director of National (A) the Select Committee on Intelligence,
dlhill on DSK120RN23PROD with SENATE
shall submit to the congressional intel- Intelligence. the Committee on Armed Services, the Com-
ligence committees a report on the threats (2) The Department of Homeland Security. mittee on Banking, Housing, and Urban Af-
posed by the use by foreign governments and (3) The Department of Energy. fairs, and the Committee on Foreign Rela-
entities of commercially available cyber in- (4) The Department of Commerce. tions of the Senate; and
trusion and other surveillance technology. (5) The Department of Defense. (B) the Permanent Select Committee on
(b) CONTENTS.—The report required by sub- (d) CONTENTS.—Each report submitted Intelligence, the Committee on Armed Serv-
section (a) shall include the following: under subsection (b) by the head of an agen- ices, the Committee on Financial Services,
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S3674 CONGRESSIONAL RECORD — SENATE June 29, 2020
and the Committee on Foreign Affairs of the (A) in the section heading, by striking practices of senior officials of the Chinese
House of Representatives. ‘‘COMMUNIST PARTY OF CHINA’’ and inserting Communist Party, including President Xi
(2) IN GENERAL.—Not later than 180 days ‘‘CHINESE COMMUNIST PARTY’’; and Jinping.
after the date of the enactment of this Act, (B) by striking ‘‘Communist Party of SEC. 517. REPORT ON CORRUPT ACTIVITIES OF
the Director shall submit to the appropriate China’’ both places it appears and inserting RUSSIAN AND OTHER EASTERN EU-
committees of Congress a report on the find- ‘‘Chinese Communist Party’’; and ROPEAN OLIGARCHS.
ings of the Director with respect to the as- (2) in the table of contents before section 2 (a) DEFINITION OF APPROPRIATE COMMIT-
sessment completed under subsection (a). (50 U.S.C. 3002), by striking the item relating TEES OF CONGRESS.—In this section, the term
(3) FORM.—The report submitted under to section 1107 and inserting the following ‘‘appropriate committees of Congress’’
paragraph (2) shall be submitted in unclassi- new item: means—
fied form, but may include a classified ‘‘Sec. 1107. Annual reports on influence oper- (1) the Committee on Banking, Housing,
annex. ations and campaigns in the and Urban Affairs, the Committee on Fi-
SEC. 515. COMBATING CHINESE INFLUENCE OP- United States by the Chinese nance, the Committee on Foreign Relations,
ERATIONS IN THE UNITED STATES Communist Party.’’. and the Select Committee on Intelligence of
AND STRENGTHENING CIVIL LIB-
ERTIES PROTECTIONS.
SEC. 516. ANNUAL REPORT ON CORRUPT ACTIVI- the Senate; and
TIES OF SENIOR OFFICIALS OF THE (2) the Committee on Financial Services,
(a) UPDATES TO ANNUAL REPORTS ON INFLU- CHINESE COMMUNIST PARTY. the Committee on Foreign Affairs, the Com-
ENCE OPERATIONS AND CAMPAIGNS IN THE (a) DEFINITION OF APPROPRIATE COMMIT- mittee on Ways and Means, and the Perma-
UNITED STATES BY THE CHINESE COMMUNIST TEES OF CONGRESS.—In this section, the term nent Select Committee on Intelligence of the
PARTY.—Section 1107(b) of the National Se- ‘‘appropriate committees of Congress’’ House of Representatives.
curity Act of 1947 (50 U.S.C. 3237(b)) is means—
amended— (b) REPORT REQUIRED.—Not later than 100
(1) the Committee on Banking, Housing, days after the date of the enactment of this
(1) by redesignating paragraph (8) as para- and Urban Affairs, the Committee on Fi-
graph (9); and Act, the Director of the Central Intelligence
nance, the Committee on Foreign Relations, Agency shall submit to the appropriate com-
(2) by inserting after paragraph (7) the fol- and the Select Committee on Intelligence of
lowing: mittees of Congress and the Undersecretary
the Senate; and of State for Public Diplomacy and Public Af-
‘‘(8) An identification of influence activi- (2) the Committee on Financial Services,
ties and operations employed by the Chinese fairs a report on the corruption and corrupt
the Committee on Foreign Affairs, the Com- activities of Russian and other Eastern Eu-
Communist Party against the United States mittee on Ways and Means, and the Perma-
science and technology sectors, specifically ropean oligarchs.
nent Select Committee on Intelligence of the
employees of the United States Government, House of Representatives. (c) ELEMENTS.—
researchers, scientists, and students in the (b) ANNUAL REPORT REQUIRED.— (1) IN GENERAL.—Each report under sub-
science and technology sector in the United (1) IN GENERAL.—Not later than 90 days section (b) shall include the following:
States.’’. after the date of the enactment of this Act, (A) A description of corruption and corrupt
(b) PLAN FOR FEDERAL BUREAU OF INVES- and annually thereafter through 2025, the Di- activities among Russian and other Eastern
TIGATION TO INCREASE PUBLIC AWARENESS rector of the Central Intelligence Agency European oligarchs who support the Govern-
AND DETECTION OF INFLUENCE ACTIVITIES BY shall submit to the appropriate committees ment of the Russian Federation, including
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC of Congress a report on the corruption and estimates of the total assets of such
OF CHINA.— corrupt activities of senior officials of the oligarchs.
(1) PLAN REQUIRED.—Not later than 90 days Chinese Communist Party. (B) An assessment of the impact of the cor-
after the date of the enactment of this Act, (2) ELEMENTS.— ruption and corrupt activities described pur-
the Director of the Federal Bureau of Inves- (A) IN GENERAL.—Each report under para- suant to subparagraph (A) on the economy
tigation shall submit to the congressional graph (1) shall include the following: and citizens of Russia.
intelligence committees a plan— (i) A description of the wealth of, and cor- (C) A description of any connections to, or
(A) to increase public awareness of influ- ruption and corrupt activities among, senior support of, organized crime, drug smuggling,
ence activities by the Government of the officials of the Chinese Communist Party. or human trafficking by an oligarch covered
People’s Republic of China; and (ii) A description of any recent actions of by subparagraph (A).
(B) to publicize mechanisms that members the officials described in clause (i) that could (D) A description of any information that
of the public can use— be considered a violation, or potential viola- reveals corruption and corrupt activities in
(i) to detect such activities; and tion, of United States law. Russia among oligarchs covered by subpara-
(ii) to report such activities to the Bureau. (iii) A description and assessment of tar- graph (A).
(2) CONSULTATION.—In carrying out para- geted financial measures, including potential (E) A description and assessment of poten-
graph (1), the Director shall consult with the targets for designation of the officials de- tial sanctions actions that could be imposed
following: scribed in clause (i) for the corruption and upon oligarchs covered by subparagraph (A)
(A) The Director of the Office of Science corrupt activities described in that clause who support the leadership of the Govern-
and Technology Policy. and for the actions described in clause (ii). ment of Russia, including President Vladi-
(B) Such other stakeholders outside the in- (B) SCOPE OF REPORTS.—The first report mir Putin.
telligence community, including professional under paragraph (1) shall include comprehen- (2) SCOPE OF REPORTS.—The first report
associations, institutions of higher edu- sive information on the matters described in under subsection (a) shall include com-
cation, businesses, and civil rights and subparagraph (A). Any succeeding report prehensive information on the matters de-
multicultural organizations, as the Director under paragraph (1) may consist of an update scribed in paragraph (1). Any succeeding re-
determines relevant. or supplement to the preceding report under port under subsection (a) may consist of an
(c) RECOMMENDATIONS OF THE FEDERAL BU- that subsection. update or supplement to the preceding report
REAU OF INVESTIGATION TO STRENGTHEN RE- (3) COORDINATION.—In preparing each re- under that subsection.
LATIONSHIPS AND BUILD TRUST WITH COMMU- port, update, or supplement under this sub- (d) COORDINATION.—In preparing each re-
NITIES OF INTEREST.— section, the Director of the Central Intel- port, update, or supplement under this sec-
(1) IN GENERAL.—The Director of the Fed- ligence Agency shall coordinate as follows: tion, the Director of the Central Intelligence
eral Bureau of Investigation, in consultation (A) In preparing the description required Agency shall coordinate as follows:
with the Assistant Attorney General for the by clause (i) of paragraph (2)(A), the Director (1) In preparing the assessment and de-
Civil Rights Division and the Chief Privacy of the Central Intelligence Agency shall co- scriptions required by subparagraphs (A)
and Civil Liberties Officer of the Department ordinate with the head of the Office of Intel- through (D) of subsection (c)(1), the Director
of Justice, shall develop recommendations to ligence and Analysis of the Department of of the Central Intelligence Agency shall co-
strengthen relationships with communities the Treasury and the Director of the Federal ordinate with the head of the Office of Intel-
targeted by influence activities of the Gov- Bureau of Investigation. ligence and Analysis of the Department of
ernment of the People’s Republic of China (B) In preparing the descriptions required the Treasury and the Director of the Federal
and build trust with such communities by clauses (ii) and (iii) of such paragraph, the Bureau of Investigation.
through local and regional grassroots out- Director of the Central Intelligence Agency (2) In preparing the description and assess-
reach. shall coordinate with the head of the Office ment required by subparagraph (E) of such
(2) SUBMITTAL TO CONGRESS.—Not later of Intelligence and Analysis of the Depart- subsection, the Director of the Central Intel-
than 1 year after the date of the enactment ment of the Treasury. ligence Agency shall coordinate with the
dlhill on DSK120RN23PROD with SENATE
of this Act, the Director shall submit to Con- (4) FORM.—Each report under paragraph (1) head of the Office of Intelligence and Anal-
gress the recommendations developed under shall include an unclassified executive sum- ysis of the Department of the Treasury.
paragraph (1). mary, and may include a classified annex. (e) FORM.—
(d) TECHNICAL CORRECTIONS.—The National (c) SENSE OF CONGRESS.—It is the sense of (1) IN GENERAL.—Subject to paragraph (2),
Security Act of 1947 (50 U.S.C. 3001 et seq.) is Congress that the United States should un- each report under subsection (b) shall in-
amended— dertake every effort and pursue every oppor- clude an unclassified executive summary,
(1) in section 1107 (50 U.S.C. 3237)— tunity to expose the corruption and illicit and may include a classified annex.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3675
(2) UNCLASSIFIED FORM OF CERTAIN INFOR- sistance, to conduct cyber operations against (6) The potential that such acquisition
MATION.—The information described in sub- international, national, or private health or- could be used to deliver chemical, biological,
section (c)(1)(D) in each report under sub- ganizations conducting research relating to or nuclear weapons.
section (b) shall be submitted in unclassified the novel coronavirus or operating in re- (7) The potential for the Government of the
form. sponse to the pandemic. Islamic Republic of Iran to proliferate weap-
SEC. 518. REPORT ON BIOSECURITY RISK AND (7) Efforts to control, restrict, or manipu- ons acquired in the absence of an arms em-
DISINFORMATION BY THE CHINESE late relevant segments of global supply bargo to regional groups, including Shi’a mi-
COMMUNIST PARTY AND THE GOV- chains, particularly in the sale, trade, or litia groups backed by such government.
ERNMENT OF THE PEOPLE’S REPUB-
provision of relevant medicines, medical sup- (d) FORM.—The report submitted under
LIC OF CHINA.
plies, or medical equipment as a result of the subsection (b) shall be submitted in unclassi-
(a) DEFINITIONS.—In this section:
pandemic. fied form, but may include a classified
(1) APPROPRIATE COMMITTEES OF CON-
(8) Efforts to advance the economic, intel- annex.
GRESS.—The term ‘‘appropriate committees
of Congress’’ means— ligence, national security, and political ob- SEC. 520. REPORT ON IRANIAN ACTIVITIES RE-
(A) the Select Committee on Intelligence, jectives of the Government of China by ex- LATING TO NUCLEAR NON-
ploiting vulnerabilities of foreign govern- PROLIFERATION.
the Committee on Armed Services, the Com-
ments, economies, and companies under fi- (a) DEFINITION OF APPROPRIATE COMMIT-
mittee on Foreign Relations, the Committee
nancial duress as a result of the pandemic or TEES OF CONGRESS.—In this section, the term
on Health, Education, Labor, and Pensions,
and the Committee on Homeland Security to accelerate economic espionage and intel- ‘‘appropriate committees of Congress’’
and Governmental Affairs of the Senate; and lectual property theft. means—
(B) the Permanent Select Committee on (9) Efforts to exploit the disruption of the (1) the Select Committee on Intelligence,
Intelligence, the Committee on Armed Serv- pharmaceutical and telecommunications in- the Committee on Armed Services, and the
ices, the Committee on Energy and Com- dustries as well as other industries tied to Committee on Foreign Relations of the Sen-
merce, the Committee on Foreign Affairs, critical infrastructure and bilateral trade be- ate; and
and the Committee on Homeland Security of tween China and the United States and be- (2) the Permanent Select Committee on In-
the House of Representatives. tween China and allies and partners of the telligence, the Committee on Armed Serv-
(2) CRITICAL INFRASTRUCTURE.—The term United States in order to advance the eco- ices, and the Committee on Foreign Affairs
‘‘critical infrastructure’’ has the meaning nomic and political objectives of the Govern- of the House of Representatives.
given such term in section 1016(e) of the ment of China following the pandemic. (b) REPORT REQUIRED.—Not later than 90
Uniting and Strengthening America by Pro- (d) FORM.—The report required under sub- days after the date of the enactment of this
viding Appropriate Tools Required to Inter- section (b) shall be submitted in unclassified Act, the Director of National Intelligence
cept and Obstruct Terrorism (USA PATRIOT form, but may include a classified annex. shall submit to the appropriate committees
ACT) Act of 2001 (42 U.S.C. 5195c(e)). SEC. 519. REPORT ON EFFECT OF LIFTING OF of Congress a report assessing—
(b) REPORT REQUIRED.—Not later than 90 UNITED NATIONS ARMS EMBARGO (1) any relevant activities potentially re-
ON ISLAMIC REPUBLIC OF IRAN. lating to nuclear weapons research and de-
days after the date of the enactment of this
Act, the Director of National Intelligence (a) DEFINITION OF APPROPRIATE COMMIT- velopment by the Islamic Republic of Iran;
shall submit to the appropriate committees TEES OF CONGRESS.—In this section, the term and
of Congress a report identifying whether and ‘‘appropriate committees of Congress’’ (2) any relevant efforts to afford or deny
how officials of the Chinese Communist means— international access in accordance with
Party and the Government of the People’s (1) the Select Committee on Intelligence, international nonproliferation agreements.
Republic of China may have sought— the Committee on Armed Services, and the (c) ASSESSMENTS.—The report required by
(1) to suppress information about— Committee on Foreign Relations of the Sen- subsection (b) shall include assessments, for
(A) the outbreak of the novel coronavirus ate; and the period beginning on January 1, 2018, and
in Wuhan; (2) the Permanent Select Committee on In- ending on the date of the submittal of the re-
(B) the spread of the virus through China; telligence, the Committee on Armed Serv- port, of the following:
and ices, and the Committee on Foreign Affairs (1) Activities to research, develop, or en-
(C) the transmission of the virus to other of the House of Representatives. rich uranium or reprocess plutonium with
countries; (b) REPORT REQUIRED.—Not later than 90 the intent or capability of creating weapons-
(2) to spread disinformation relating to the days after the date of the enactment of this grade nuclear material.
pandemic; or Act, the Director of the Defense Intelligence (2) Research, development, testing, or de-
(3) to exploit the pandemic to advance Agency, in consultation with such heads of sign activities that could contribute to or in-
their national security interests. other elements of the intelligence commu- form construction of a device intended to
(c) ASSESSMENTS.—The report required by nity as the Director considers appropriate, initiate or capable of initiating a nuclear ex-
subsection (b) shall include assessments of shall submit to the appropriate committees plosion.
reported actions and the effect of those ac- of Congress a report on—
(3) Efforts to receive, transmit, store, de-
tions on efforts to contain the novel (1) the plans of the Government of the Is-
stroy, relocate, archive, or otherwise pre-
coronavirus pandemic, including each of the lamic Republic of Iran to acquire military
serve research, processes, products, or ena-
following: arms if the ban on arms transfers to or from
bling materials relevant or relating to any
(1) The origins of the novel coronavirus such government under United Nations Secu-
efforts assessed under paragraph (1) or (2).
outbreak, the time and location of initial in- rity Council resolutions are lifted; and
(4) Efforts to afford or deny international
fections, and the mode and speed of early (2) the effect such arms acquisitions may
access, in accordance with international
viral spread. have on regional security and stability.
nonproliferation agreements, to locations,
(2) Actions taken by the Government of (c) CONTENTS.—The report submitted under
individuals, and materials relating to activi-
China to suppress, conceal, or misinform the subsection (b) shall include assessments re-
lating to plans of the Government of the Is- ties described in paragraph (1), (2), or (3).
people of China and those of other countries (d) FORM.—The report required under sub-
about the novel coronavirus outbreak in lamic Republic of Iran to acquire additional
weapons, the intention of other countries to section (b) shall be submitted in unclassified
Wuhan.
provide such weapons, and the effect such ac- form, but may include a classified annex.
(3) The effect of disinformation or the fail-
quisition and provision would have on re- SEC. 521. SENSE OF CONGRESS ON THIRD OPTION
ure of the Government of China to fully dis-
FOUNDATION.
close details of the outbreak on response ef- gional stability, including with respect to
forts of local governments in China and each of the following: It is the sense of the Congress that—
other countries. (1) The type and quantity of weapon sys- (1) the work of the Third Option Founda-
(4) Diplomatic, political, economic, intel- tems under consideration for acquisition. tion to heal, help, and honor members of the
ligence, or other pressure on other countries (2) The countries of origin of such systems. special operations community of the Central
and international organizations to conceal (3) Likely reactions of other countries in Intelligence Agency and their families is in-
information about the spread of the novel the region to such acquisition, including the valuable; and
coronavirus and the response of the Govern- potential for proliferation by other countries (2) the Director of the Central Intelligence
ment of China to the contagion, as well as to in response. Agency should work closely with the Third
influence or coerce early responses to the (4) The threat that such acquisition could Option Foundation in implementing section
pandemic by other countries. present to international commerce and en- 19A of the Central Intelligence Agency Act of
(5) Efforts by officials of the Government ergy supplies in the region, and the potential 1949 (50 U.S.C. 3519b), as added by section 6412
of China to deny access to health experts and implications for the national security of the of the Damon Paul Nelson and Matthew
dlhill on DSK120RN23PROD with SENATE
international health organizations to af- United States. Young Pollard Intelligence Authorization
flicted individuals in Wuhan, pertinent areas (5) The threat that such acquisition could Act for Fiscal Years 2018, 2019, and 2020 (Pub-
of the city, or laboratories of interest in present to the Armed Forces of the United lic Law 116–92).
China, including the Wuhan Institute of Vi- States, of countries allied with the United
rology. States, and of countries partnered with the SA 2227. Mr. PERDUE (for himself
(6) Efforts by the Government of China, or United States stationed in or deployed in the and Mrs. LOEFFLER) submitted an
those acting at its direction or with its as- region. amendment intended to be proposed by
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S3676 CONGRESSIONAL RECORD — SENATE June 29, 2020
him to the bill S. 4049, to authorize ap- ‘‘(d) TEMPORARY INCREASE IN NUMBERS.— ‘‘(c) WAIVER OR SUSPENSION OF COMPLI-
propriations for fiscal year 2021 for The total number of officers authorized by ANCE.—The Secretary may waive the service
military activities of the Department law to be on the lineal list during a fiscal obligation of an officer who—
year may be temporarily exceeded if the av- ‘‘(1) becomes unqualified to serve on active
of Defense, for military construction, erage number on that list during that fiscal duty in the commissioned officer corps of the
and for defense activities of the De- year does not exceed the authorized number. Administration because of a circumstance
partment of Energy, to prescribe mili- ‘‘(e) POSITIONS OF IMPORTANCE AND RESPON- not within the control of that officer; or
tary personnel strengths for such fiscal SIBILITY.—Officers serving in positions des- ‘‘(2) is—
year, and for other purposes; which was ignated under section 228(a) and officers re- ‘‘(A) not physically qualified for appoint-
ordered to lie on the table; as follows: called from retired status shall not be count- ment; and
Section 219(d)(2) is amended by inserting ed when computing authorized strengths ‘‘(B) determined to be unqualified for serv-
‘‘and shall include a survey of the avail- under subsection (c) and shall not count ice in the commissioned officer corps of the
ability of such infrastructure in the United against those strengths. Administration because of a physical or
‘‘(f) PRESERVATION OF GRADE AND PAY.—No medical condition that was not the result of
States, including commercial capabilities’’
officer may be reduced in grade or pay or the officer’s own misconduct or grossly neg-
before the period.
separated from the commissioned officer ligent conduct.’’.
SA 2228. Mr. MORAN submitted an corps of the Administration as the result of (b) CLERICAL AMENDMENT.—The table of
a computation made to determine the au- contents in section 1 of the Act entitled ‘‘An
amendment intended to be proposed by thorized number of officers in the various
him to the bill S. 4049, to authorize ap- Act to authorize the Hydrographic Services
grades.’’.
propriations for fiscal year 2021 for Improvement Act of 1998, and for other pur-
SEC. 1712. RECALLED OFFICERS.
poses’’ (Public Law 107–372) is amended by in-
military activities of the Department (a) IN GENERAL.—Section 215 (33 U.S.C. serting after the item relating to section 215
of Defense, for military construction, 3005) is amended to read as follows: the following:
and for defense activities of the De- ‘‘SEC. 215. NUMBER OF AUTHORIZED COMMIS-
SIONED OFFICERS. ‘‘Sec. 216. Obligated service requirement.’’.
partment of Energy, to prescribe mili-
‘‘(a) IN GENERAL.—The total number of au- SEC. 1714. TRAINING AND PHYSICAL FITNESS.
tary personnel strengths for such fiscal
thorized commissioned officers on the lineal (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001
year, and for other purposes; which was list of the commissioned officer corps of the et seq.), as amended by section 1713(a), is fur-
ordered to lie on the table; as follows: Administration shall not exceed 500. ther amended by adding at the end the fol-
At the end of division A, add the following: ‘‘(b) POSITIONS OF IMPORTANCE AND RESPON- lowing:
TITLE XVII—NATIONAL OCEANIC AND AT- SIBILITY.—Officers serving in positions des- ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS.
MOSPHERIC ADMINISTRATION COMMIS- ignated under section 228 and officers re- ‘‘(a) TRAINING.—The Secretary may take
SIONED OFFICER CORPS called from retired status or detailed to an such measures as may be necessary to ensure
SEC. 1701. REFERENCES TO NATIONAL OCEANIC agency other than the Administration—
that officers are prepared to carry out their
AND ATMOSPHERIC ADMINISTRA- ‘‘(1) may not be counted in determining the
duties in the commissioned officer corps of
TION COMMISSIONED OFFICER total number of authorized officers on the
the Administration and proficient in the
CORPS ACT OF 2002. lineal list under this section; and
skills necessary to carry out such duties.
Except as otherwise expressly provided, ‘‘(2) may not count against such number.’’.
Such measures may include the following:
whenever in this title an amendment or re- (b) CLERICAL AMENDMENT.—The table of
‘‘(1) Carrying out training programs and
peal is expressed in terms of an amendment contents in section 1 of the Act entitled ‘‘An
Act to authorize the Hydrographic Services correspondence courses, including estab-
to, or repeal of, a section or other provision, lishing and operating a basic officer training
the reference shall be considered to be made Improvement Act of 1998, and for other pur-
poses’’ (Public Law 107–372) is amended by program to provide initial indoctrination
to a section or other provision of the Na- and maritime vocational training for officer
tional Oceanic and Atmospheric Administra- striking the item relating to section 215 and
inserting the following: candidates as well as refresher training, mid-
tion Commissioned Officer Corps Act of 2002 career training, aviation training, and such
(33 U.S.C. 3001 et seq.). ‘‘Sec. 215. Number of authorized commis-
other training as the Secretary considers
Subtitle A—General Provisions sioned officers.’’.
necessary for officer development and pro-
SEC. 1711. STRENGTH AND DISTRIBUTION IN SEC. 1713. OBLIGATED SERVICE REQUIREMENT.
ficiency.
GRADE. (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 ‘‘(2) Providing officers and officer can-
Section 214 (33 U.S.C. 3004) is amended to et seq.) is amended by adding at the end the didates with educational materials.
read as follows: following:
‘‘(3) Acquiring such equipment as may be
‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT.
necessary for training and instructional pur-
GRADE. ‘‘(a) IN GENERAL.— poses.
‘‘(a) GRADES.—The commissioned grades in ‘‘(1) REGULATIONS.—The Secretary shall ‘‘(b) PHYSICAL FITNESS.—The Secretary
the commissioned officer corps of the Ad- prescribe the obligated service requirements shall ensure that officers maintain a high
ministration are the following, in relative for appointments, training, promotions, sep- physical state of readiness by establishing
rank with officers of the Navy: arations, continuations, and retirements of standards of physical fitness for officers that
‘‘(1) Vice admiral. officers not otherwise covered by law. are substantially equivalent to those pre-
‘‘(2) Rear admiral. ‘‘(2) WRITTEN AGREEMENTS.—The Secretary scribed for officers in the Coast Guard.’’.
‘‘(3) Rear admiral (lower half). and officers shall enter into written agree- (b) CLERICAL AMENDMENT.—The table of
‘‘(4) Captain. ments that describe the officers’ obligated contents in section 1 of the Act entitled ‘‘An
‘‘(5) Commander. service requirements prescribed under para- Act to authorize the Hydrographic Services
‘‘(6) Lieutenant commander. graph (1) in return for such appointments, Improvement Act of 1998, and for other pur-
‘‘(7) Lieutenant. training, promotions, separations, continu- poses’’ (Public Law 107–372), as amended by
‘‘(8) Lieutenant (junior grade). ations, and retirements as the Secretary section 1713(b), is further amended by insert-
‘‘(9) Ensign. considers appropriate. ing after the item relating to section 216 the
‘‘(b) GRADE DISTRIBUTION.—The Secretary ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY
following:
shall prescribe, with respect to the distribu- REQUIREMENTS.—
tion on the lineal list in grade, the percent- ‘‘(1) IN GENERAL.—The Secretary may re- ‘‘Sec. 217. Training and physical fitness.’’.
ages applicable to the grades set forth in quire an officer who fails to meet the service SEC. 1715. AVIATION ACCESSION TRAINING PRO-
subsection (a). requirements prescribed under subsection GRAMS.
‘‘(c) ANNUAL COMPUTATION OF NUMBER IN (a)(1) to reimburse the Secretary in an (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001
GRADE.— amount that bears the same ratio to the et seq.), as amended by section 1714(a), is fur-
‘‘(1) IN GENERAL.—Not less frequently than total costs of the training provided to that ther amended by adding at the end the fol-
once each year, the Secretary shall make a officer by the Secretary as the unserved por- lowing:
computation to determine the number of of- tion of active duty bears to the total period ‘‘SEC. 218. AVIATION ACCESSION TRAINING PRO-
ficers on the lineal list authorized to be serv- of active duty the officer agreed to serve. GRAMS.
ing in each grade. ‘‘(2) OBLIGATION AS DEBT TO UNITED ‘‘(a) DEFINITIONS.—In this section:
‘‘(2) METHOD OF COMPUTATION.—The number STATES.—An obligation to reimburse the ‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
in each grade shall be computed by applying Secretary under paragraph (1) is, for all pur- trator’ means the Under Secretary of Com-
the applicable percentage to the total num- poses, a debt owed to the United States. merce for Oceans and Atmosphere and the
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ber of such officers serving on active duty on ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis- Administrator of the National Oceanic and
the date the computation is made. charge in bankruptcy under title 11 that is Atmospheric Administration.
‘‘(3) FRACTIONS.—If a final fraction occurs entered less than five years after the termi- ‘‘(2) MEMBER OF THE PROGRAM.—The term
in computing the authorized number of offi- nation of a written agreement entered into ‘member of the program’ means a student
cers in a grade, the nearest whole number under subsection (a)(2) does not discharge who is enrolled in the program.
shall be taken. If the fraction is one-half, the the individual signing the agreement from a ‘‘(3) PROGRAM.—The term ‘program’ means
next higher whole number shall be taken. debt arising under such agreement. an aviation accession training program of
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3677
the commissioned officer corps of the Ad- ‘‘(2) COMPLETION OF PROGRAM.—A member (b) CLERICAL AMENDMENT.—The table of
ministration established pursuant to sub- of the program may be appointed as a reg- contents in section 1 of the Act entitled ‘‘An
section (b). ular officer in the commissioned officer Act to authorize the Hydrographic Services
‘‘(b) AVIATION ACCESSION TRAINING PRO- corps if the member meets all requirements Improvement Act of 1998, and for other pur-
GRAMS.— for appointment as such an officer. poses’’ (Public Law 107–372), as amended by
‘‘(1) ESTABLISHMENT AUTHORIZED.—The Ad- ‘‘(d) FINANCIAL ASSISTANCE FOR QUALIFIED section 1714(b), is further amended by insert-
ministrator, under regulations prescribed by MEMBERS.— ing after the item relating to section 217 the
the Secretary, shall establish and maintain ‘‘(1) EXPENSES OF COURSE OF INSTRUCTION.— following:
one or more aviation accession training pro- ‘‘(A) IN GENERAL.—In the case of a member ‘‘Sec. 218. Aviation accession training pro-
grams for the commissioned officer corps of of the program who meets such qualifica- grams.’’.
the Administration at institutions described tions as the Administrator establishes for
SEC. 1716. RECRUITING MATERIALS.
in paragraph (2). purposes of this subsection, the Adminis-
trator may pay the expenses of the member (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001
‘‘(2) INSTITUTIONS DESCRIBED.—An institu- et seq.), as amended by section 1715(a), is fur-
tion described in this paragraph is an edu- in connection with pursuit of a course of pro-
fessional flight and piloting instruction ther amended by adding at the end the fol-
cational institution— lowing:
‘‘(A) that requests to enter into an agree- under the program, including tuition, fees,
educational materials such as books, train- ‘‘SEC. 219. USE OF RECRUITING MATERIALS FOR
ment with the Administrator providing for PUBLIC RELATIONS.
the establishment of the program at the in- ing, certifications, travel, and laboratory ex-
penses. ‘‘The Secretary may use for public rela-
stitution; tions purposes of the Department of Com-
‘‘(B) ASSISTANCE AFTER FOURTH ACADEMIC
‘‘(B) that has, as a part of its curriculum, merce any advertising materials developed
YEAR.—In the case of a member of the pro-
a four-year baccalaureate program of profes- for use for recruitment and retention of per-
gram described in subparagraph (A) who is
sional flight and piloting instruction that is sonnel for the commissioned officer corps of
enrolled in a course described in that sub-
accredited by the Aviation Accreditation the Administration. Any such use shall be
paragraph that has been approved by the Ad-
Board International; under such conditions and subject to such re-
ministrator and requires more than four aca-
‘‘(C) that is located in a geographic area strictions as the Secretary shall prescribe.’’.
demic years for completion, including elec-
that— (b) CLERICAL AMENDMENT.—The table of
tive requirements of the program, assistance
‘‘(i) experiences a wide variation in cli- under this subsection may also be provided contents in section 1 of the Act entitled ‘‘An
mate-related activity, including frequent during a fifth academic year or during a Act to authorize the Hydrographic Services
high winds, convective activity (including combination of a part of a fifth academic Improvement Act of 1998, and for other pur-
tornadoes), periods of low visibility, heat, year and summer sessions. poses’’ (Public Law 107–372), as amended by
and snow and ice episodes, to provide oppor- ‘‘(2) ROOM AND BOARD.—In the case of a section 1715(b), is further amended by insert-
tunities for pilots to demonstrate skill in all member eligible to receive assistance under ing after the item relating to section 218 the
weather conditions compatible with future paragraph (1), the Administrator may, in following:
encounters during their service in the com- lieu of payment of all or part of such assist- ‘‘Sec. 219. Use of recruiting materials for
missioned officer corps; and ance, pay the room and board expenses of the public relations.’’.
‘‘(ii) has a climate that can accommodate member, and other educational expenses, of SEC. 1717. TECHNICAL CORRECTION.
both primary and advanced flight training the educational institution concerned.
activity at least 75 percent of the year; and Section 101(21)(C) of title 38, United States
‘‘(3) FAILURE TO COMPLETE PROGRAM OR AC- Code, is amended by inserting ‘‘in the com-
‘‘(D) at which the Administrator deter- CEPT COMMISSION.—A member of the program
mines that— missioned officer corps’’ before ‘‘of the Na-
who receives assistance under this sub- tional’’.
‘‘(i) there will be at least one student en- section and who does not complete the
rolled in the program; and course of instruction, or who completes the Subtitle B—Parity and Recruitment
‘‘(ii) the provisions of this section are oth- course but declines to accept a commission SEC. 1721. EDUCATION LOANS.
erwise satisfied. in the commissioned officer corps when of- (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071
‘‘(3) LIMITATIONS IN CONNECTION WITH PAR- fered, shall be subject to the repayment pro- et seq.) is amended by adding at the end the
TICULAR INSTITUTIONS.—The program may visions of subsection (e). following:
not be established or maintained at an insti- ‘‘(e) REPAYMENT OF UNEARNED PORTION OF ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO-
tution unless— FINANCIAL ASSISTANCE WHEN CONDITIONS OF GRAM.
‘‘(A) the senior commissioned officer or PAYMENT NOT MET.— ‘‘(a) AUTHORITY TO REPAY EDUCATION
employee of the commissioned officer corps ‘‘(1) IN GENERAL.—A member of the pro- LOANS.—For the purpose of maintaining ade-
who is assigned as an advisor to the program gram who receives or benefits from assist- quate numbers of officers of the commis-
at that institution is given the academic ance under subsection (d), and whose receipt sioned officer corps of the Administration on
rank of adjunct professor; and of or benefit from such assistance is subject active duty who have skills required by the
‘‘(B) the institution fulfills the terms of its to the condition that the member fully sat- commissioned officer corps, the Secretary
agreement with the Administrator. isfy the requirements of subsection (c), shall may repay, in the case of a person described
‘‘(4) MEMBERSHIP IN CONNECTION WITH STA- repay to the United States an amount equal in subsection (b), a loan that—
TUS AS STUDENT.—At institutions at which to the assistance received or benefitted from ‘‘(1) was used by the person to finance edu-
the program is established, the membership if the member fails to fully satisfy such re- cation; and
of students in the program shall be elective, quirements and may not receive or benefit ‘‘(2) was obtained from a governmental en-
as provided by State law or the authorities from any unpaid amounts of such assistance tity, private financial institution, edu-
of the institution concerned. after the member fails to satisfy such re- cational institution, or other authorized en-
‘‘(c) MEMBERSHIP.— quirements, unless the Administrator deter- tity.
‘‘(1) ELIGIBILITY.—To be eligible for mem- mines that the imposition of the repayment ‘‘(b) ELIGIBLE PERSONS.—To be eligible to
bership in the program, an individual must— requirement and the termination of payment obtain a loan repayment under this section,
‘‘(A) be a student at an institution at of unpaid amounts of such assistance with a person must—
which the program is established; regard to the member would be— ‘‘(1) satisfy one of the requirements speci-
‘‘(B) be a citizen of the United States; ‘‘(A) contrary to a personnel policy or fied in subsection (c);
‘‘(C) contract in writing, with the consent management objective; ‘‘(2) be fully qualified for, or hold, an ap-
of a parent or guardian if a minor, with the ‘‘(B) against equity and good conscience; or pointment as a commissioned officer in the
Administrator, to— ‘‘(C) contrary to the best interests of the commissioned officer corps of the Adminis-
‘‘(i) accept an appointment, if offered, as a United States. tration; and
commissioned officer in the commissioned ‘‘(2) REGULATIONS.—The Administrator ‘‘(3) sign a written agreement to serve on
officer corps of the Administration; and may establish, by regulations, procedures for active duty, or, if on active duty, to remain
‘‘(ii) serve in the commissioned officer determining the amount of the repayment on active duty for a period in addition to any
corps for not fewer than four years; required under this subsection and the cir- other incurred active duty obligation.
‘‘(D) enroll in— cumstances under which an exception to re- ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE-
‘‘(i) a four-year baccalaureate program of payment may be granted. The Administrator MENTS.—One of the following academic re-
professional flight and piloting instruction; may specify in the regulations the condi- quirements must be satisfied for purposes of
and tions under which financial assistance to be determining the eligibility of an individual
‘‘(ii) other training or education, including paid to a member of the program will not be for a loan repayment under this section:
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basic officer training, which is prescribed by made if the member no longer satisfies the ‘‘(1) The person is fully qualified in a pro-
the Administrator as meeting the prelimi- requirements in subsection (c) or qualifica- fession that the Secretary has determined to
nary requirement for admission to the com- tions in subsection (d) for such assistance. be necessary to meet identified skill short-
missioned officer corps; and ‘‘(3) OBLIGATION AS DEBT TO UNITED ages in the commissioned officer corps.
‘‘(E) execute a certificate or take an oath STATES.—An obligation to repay the United ‘‘(2) The person is enrolled as a full-time
relating to morality and conduct in such States under this subsection is, for all pur- student in the final year of a course of study
form as the Administrator prescribes. poses, a debt owed to the United States.’’. at an accredited educational institution (as
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S3678 CONGRESSIONAL RECORD — SENATE June 29, 2020
determined by the Secretary of Education) ‘‘(b) ELIGIBLE OFFICERS.—An officer is eli- Act to authorize the Hydrographic Services
leading to a degree in a profession that will gible for the benefit described in subsection Improvement Act of 1998, and for other pur-
meet identified skill shortages in the com- (a) while the officer— poses’’ (Public Law 107–372), as amended by
missioned officer corps. ‘‘(1) is serving on active duty; section 1721(b), is further amended by insert-
‘‘(d) LOAN REPAYMENTS.— ‘‘(2) has not completed more than three ing after the item relating to section 267 the
‘‘(1) IN GENERAL.—Subject to the limits es- years of service on active duty; following:
tablished under paragraph (2), a loan repay- ‘‘(3) is the debtor on one or more unpaid ‘‘Sec. 268. Interest payment program.’’.
ment under this section may consist of the loans described in subsection (c); and SEC. 1723. STUDENT PRE-COMMISSIONING PRO-
payment of the principal, interest, and re- ‘‘(4) is not in default on any such loan. GRAM.
lated expenses of a loan obtained by a person ‘‘(c) STUDENT LOANS.—The authority to
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071
described in subsection (b). make payments under subsection (a) may be
exercised with respect to the following loans: et seq.), as amended by section 1722(a), is fur-
‘‘(2) LIMITATION ON AMOUNT.—For each year ther amended by adding at the end the fol-
of obligated service that a person agrees to ‘‘(1) A loan made, insured, or guaranteed
under part B of title IV of the Higher Edu- lowing:
serve in an agreement described in sub- ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU-
section (b)(3), the Secretary may pay not cation Act of 1965 (20 U.S.C. 1071 et seq.).
CATION ASSISTANCE PROGRAM.
more than the amount specified in section ‘‘(2) A loan made under part D of such title
(20 U.S.C. 1087a et seq.). ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS-
2173(e)(2) of title 10, United States Code. SISTANCE.—For the purpose of maintaining
‘‘(3) A loan made under part E of such title
‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— adequate numbers of officers of the commis-
(20 U.S.C. 1087aa et seq.).
‘‘(1) IN GENERAL.—A person entering into sioned officer corps of the Administration on
‘‘(d) MAXIMUM BENEFIT.—Interest and any
an agreement described in subsection (b)(3) special allowance may be paid on behalf of active duty, the Secretary may provide fi-
incurs an active duty service obligation. an officer under this section for any of the 36 nancial assistance to a person described in
‘‘(2) LENGTH OF OBLIGATION DETERMINED consecutive months during which the officer subsection (b) for expenses of the person
UNDER REGULATIONS.— is eligible under subsection (b). while the person is pursuing on a full-time
‘‘(A) IN GENERAL.—Except as provided in ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary basis at an accredited educational institu-
subparagraph (B), the length of the obliga- may use amounts appropriated for the pay tion (as determined by the Secretary of Edu-
tion under paragraph (1) shall be determined and allowances of personnel of the commis- cation) a program of education approved by
under regulations prescribed by the Sec- sioned officer corps of the Administration for the Secretary that leads to—
retary. payments under this section. ‘‘(1) a baccalaureate degree in not more
‘‘(B) MINIMUM OBLIGATION.—The regula- ‘‘(f) COORDINATION WITH SECRETARY OF than five academic years; or
tions prescribed under subparagraph (A) may EDUCATION.— ‘‘(2) a postbaccalaureate degree.
not provide for a period of obligation of less ‘‘(1) IN GENERAL.—The Secretary shall con- ‘‘(b) ELIGIBLE PERSONS.—
than one year for each maximum annual sult with the Secretary of Education regard- ‘‘(1) IN GENERAL.—A person is eligible to
amount, or portion thereof, paid on behalf of ing the administration of this section. obtain financial assistance under subsection
the person for qualified loans. ‘‘(2) TRANSFER OF FUNDS.—The Secretary (a) if the person—
‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN- shall transfer to the Secretary of Education ‘‘(A) is enrolled on a full-time basis in a
TERING INTO AGREEMENT.—The active duty the funds necessary— program of education referred to in sub-
service obligation of persons on active duty ‘‘(A) to pay interest and special allowances section (a) at any educational institution de-
before entering into the agreement shall be on student loans under this section (in ac- scribed in such subsection;
served after the conclusion of any other obli- cordance with sections 428(o), 455(l), and ‘‘(B) meets all of the requirements for ac-
gation incurred under the agreement. 464(j) of the Higher Education Act of 1965 (20 ceptance into the commissioned officer corps
‘‘(4) CONCURRENT COMPLETION OF SERVICE U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and of the Administration except for the comple-
OBLIGATIONS.—A service obligation under ‘‘(B) to reimburse the Secretary of Edu- tion of a baccalaureate degree; and
this section may be completed concurrently cation for any reasonable administrative ‘‘(C) enters into a written agreement with
with a service obligation under section 216. costs incurred by the Secretary in coordi- the Secretary described in paragraph (2).
‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI- nating the program under this section with ‘‘(2) AGREEMENT.—A written agreement re-
GATION.— the administration of the student loan pro- ferred to in paragraph (1)(C) is an agreement
‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer grams under parts B, D, and E of title IV of
between the person and the Secretary in
who is relieved of the officer’s active duty the Higher Education Act of 1965 (20 U.S.C.
which the person—
obligation under this section before the com- 1071 et seq., 1087a et seq., 1087aa et seq.).
‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this ‘‘(A) agrees to accept an appointment as an
pletion of that obligation may be given any officer, if tendered; and
alternative obligation, at the discretion of section, the term ‘special allowance’ means a
special allowance that is payable under sec- ‘‘(B) upon completion of the person’s edu-
the Secretary. cational program, agrees to serve on active
tion 438 of the Higher Education Act of 1965
‘‘(2) REPAYMENT.—An officer who does not duty, immediately after appointment, for—
(20 U.S.C. 1087–1).’’.
complete the period of active duty specified (b) CONFORMING AMENDMENTS.— ‘‘(i) up to three years if the person received
in the agreement entered into under sub- (1) Section 428(o) of the Higher Education less than three years of assistance; and
section (b)(3), or the alternative obligation Act of 1965 (20 U.S.C. 1078(o)) is amended— ‘‘(ii) up to five years if the person received
imposed under paragraph (1), shall be subject (A) by striking the subsection heading and at least three years of assistance.
to the repayment provisions under section inserting ‘‘ARMED FORCES AND NOAA COM- ‘‘(c) QUALIFYING EXPENSES.—Expenses for
216. MISSIONED OFFICER CORPS STUDENT LOAN IN- which financial assistance may be provided
‘‘(g) RULEMAKING.—The Secretary shall TEREST PAYMENT PROGRAMS’’; and under subsection (a) are the following:
prescribe regulations to carry out this sec- (B) in paragraph (1)— ‘‘(1) Tuition and fees charged by the edu-
tion, including— (i) by inserting ‘‘or section 268 of the Na- cational institution involved.
‘‘(1) standards for qualified loans and au- tional Oceanic and Atmospheric Administra- ‘‘(2) The cost of educational materials.
thorized payees; and tion Commissioned Officer Corps Act of 2002’’ ‘‘(3) In the case of a program of education
‘‘(2) other terms and conditions for the after ‘‘Code,’’; and leading to a baccalaureate degree, labora-
making of loan repayments.’’. (ii) by inserting ‘‘or an officer in the com- tory expenses.
(b) CLERICAL AMENDMENT.—The table of missioned officer corps of the National Oce- ‘‘(4) Such other expenses as the Secretary
contents in section 1 of the Act entitled ‘‘An anic and Atmospheric Administration, re- considers appropriate.
Act to authorize the Hydrographic Services spectively,’’ after ‘‘Armed Forces’’. ‘‘(d) LIMITATION ON AMOUNT.—The Sec-
Improvement Act of 1998, and for other pur- (2) Sections 455(l) and 464(j) of the Higher retary shall prescribe the amount of finan-
poses’’ (Public Law 107–372) is amended by in- Education Act of 1965 (20 U.S.C. 1087e(l) and cial assistance provided to a person under
serting after the item relating to section 266 1087dd(j)) are each amended— subsection (a), which may not exceed the
the following: (A) by striking the subsection heading and amount specified in section 2173(e)(2) of title
‘‘Sec. 267. Education loan repayment pro- inserting ‘‘ARMED FORCES AND NOAA COM- 10, United States Code, for each year of obli-
gram.’’. MISSIONED OFFICER CORPS STUDENT LOAN IN- gated service that a person agrees to serve in
SEC. 1722. INTEREST PAYMENTS. TEREST PAYMENT PROGRAMS’’; and an agreement described in subsection (b)(2).
(B) in paragraph (1)— ‘‘(e) DURATION OF ASSISTANCE.—Financial
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 assistance may be provided to a person under
(i) by inserting ‘‘or section 268 of the Na-
et seq.), as amended by section 1721(a), is fur- subsection (a) for not more than five con-
tional Oceanic and Atmospheric Administra-
ther amended by adding at the end the fol- secutive academic years.
tion Commissioned Officer Corps Act of 2002’’
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lowing: ‘‘(f) SUBSISTENCE ALLOWANCE.—
after ‘‘Code,’’; and
‘‘SEC. 268. INTEREST PAYMENT PROGRAM. (ii) by inserting ‘‘or an officer in the com- ‘‘(1) IN GENERAL.—A person who receives fi-
‘‘(a) AUTHORITY.—The Secretary may pay missioned officer corps of the National Oce- nancial assistance under subsection (a) shall
the interest and any special allowances that anic and Atmospheric Administration, re- be entitled to a monthly subsistence allow-
accrue on one or more student loans of an el- spectively’’ after ‘‘Armed Forces’’. ance at a rate prescribed under paragraph (2)
igible officer, in accordance with this sec- (c) CLERICAL AMENDMENT.—The table of for the duration of the period for which the
tion. contents in section 1 of the Act entitled ‘‘An person receives such financial assistance.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3679
‘‘(2) DETERMINATION OF AMOUNT.—The Sec- poses’’ (Public Law 107–372), as amended by (B) in subsection (b)(4), by striking ‘‘armed
retary shall prescribe monthly rates for sub- section 1722(c), is further amended by insert- forces’’ both places it appears and inserting
sistence allowance provided under paragraph ing after the item relating to section 268 the ‘‘uniformed services’’.
(1), which shall be equal to the amount speci- following: (2) ACCEPTANCE OF VOLUNTARY SERVICES
fied in section 2144(a) of title 10, United ‘‘Sec. 269. Student pre-commissioning edu- FOR PROGRAMS SERVING MEMBERS AND THEIR
States Code. cation assistance program.’’. FAMILIES.—Section 1588 of such title is
‘‘(g) INITIAL CLOTHING ALLOWANCE.— SEC. 1724. LIMITATION ON EDUCATIONAL ASSIST- amended—
‘‘(1) TRAINING.—The Secretary may pre- ANCE. (A) in subsection (a)(3), in the matter be-
scribe a sum which shall be credited to each (a) IN GENERAL.—Each fiscal year, begin- fore subparagraph (A), by striking ‘‘armed
person who receives financial assistance ning with the fiscal year in which this title forces’’ and inserting ‘‘uniformed services’’;
under subsection (a) to cover the cost of the is enacted, the Secretary of Commerce shall and
person’s initial clothing and equipment ensure that the total amount expended by (B) by adding at the end the following new
issue. the Secretary under section 267 of the Na- subsection:
‘‘(2) APPOINTMENT.—Upon completion of tional Oceanic and Atmospheric Administra- ‘‘(g) SECRETARY CONCERNED FOR ACCEPT-
the program of education for which a person tion Commissioned Officer Corps Act of 2002 ANCE OF SERVICES FOR PROGRAMS SERVING
receives financial assistance under sub- (as added by section 1721(a)), section 268 of MEMBERS OF NOAA CORPS AND THEIR FAMI-
section (a) and acceptance of appointment in such Act (as added by section 1722(a)), and LIES.—For purposes of the acceptance of
the commissioned officer corps of the Ad- section 269 of such Act (as added by section services described in subsection (a)(3), the
ministration, the person may be issued a 1723(a)) does not exceed the amount by term ‘Secretary concerned’ in subsection (a)
subsequent clothing allowance equivalent to which— shall include the Secretary of Commerce
that normally provided to a newly appointed (1) the total amount the Secretary would with respect to members of the commis-
officer. pay in that fiscal year to officer candidates sioned officer corps of the National Oceanic
‘‘(h) TERMINATION OF FINANCIAL ASSIST- under section 203(f)(1) of title 37, United and Atmospheric Administration.’’.
ANCE.— States Code (as added by section 1735(d)), if (3) CAPSTONE COURSE FOR NEWLY SELECTED
‘‘(1) IN GENERAL.—The Secretary shall ter- such section entitled officer candidates to FLAG OFFICERS.—Section 2153 of such title is
minate the assistance provided to a person pay at monthly rates equal to the basic pay amended—
under this section if— of a commissioned officer in the pay grade O– (A) in subsection (a)—
‘‘(A) the Secretary accepts a request by the 1 with less than 2 years of service, exceeds (i) by inserting ‘‘or the commissioned offi-
person to be released from an agreement de- (2) the total amount the Secretary actu- cer corps of the National Oceanic and Atmos-
scribed in subsection (b)(2); ally pays in that fiscal year to officer can- pheric Administration’’ after ‘‘in the case of
‘‘(B) the misconduct of the person results didates under section 203(f)(1) of such title the Navy’’; and
in a failure to complete the period of active (as so added). (ii) by striking ‘‘other armed forces’’ and
duty required under the agreement; or (b) OFFICER CANDIDATE DEFINED.—In this inserting ‘‘other uniformed services’’; and
‘‘(C) the person fails to fulfill any term or section, the term ‘‘officer candidate’’ has the
(B) in subsection (b)(1), in the matter be-
condition of the agreement. meaning given the term in paragraph (4) of
fore subparagraph (A), by inserting ‘‘or the
‘‘(2) REIMBURSEMENT.—The Secretary may section 212(b) of the National Oceanic and
Secretary of Commerce, as applicable,’’ after
require a person who receives assistance de- Atmospheric Administration Commissioned
Officer Corps Act of 2002 (33 U.S.C. 3002), as ‘‘the Secretary of Defense’’.
scribed in subsection (c), (f), or (g) under an SEC. 1726. APPLICABILITY OF CERTAIN PROVI-
added by section 1735(c).
agreement entered into under subsection SIONS OF TITLE 37, UNITED STATES
SEC. 1725. APPLICABILITY OF CERTAIN PROVI- CODE.
(b)(1)(C) to reimburse the Secretary in an SIONS OF TITLE 10, UNITED STATES
amount that bears the same ratio to the CODE, AND EXTENSION OF CERTAIN (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071
total costs of the assistance provided to that AUTHORITIES APPLICABLE TO MEM- et seq.) is amended by inserting after section
person as the unserved portion of active duty BERS OF THE ARMED FORCES TO 261 the following:
bears to the total period of active duty the COMMISSIONED OFFICER CORPS. ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVI-
officer agreed to serve under the agreement. (a) APPLICABILITY OF CERTAIN PROVISIONS SIONS OF TITLE 37, UNITED STATES
‘‘(3) WAIVER.—The Secretary may waive OF TITLE 10.—Section 261(a) (33 U.S.C. 3071(a)) CODE.
the service obligation of a person through an is amended— ‘‘(a) PROVISIONS MADE APPLICABLE TO COM-
agreement entered into under subsection (1) by redesignating paragraphs (13) MISSIONED OFFICER CORPS.—The provisions of
(b)(1)(C) if the person— through (16) as paragraphs (22) through (25), law applicable to the Armed Forces under
‘‘(A) becomes unqualified to serve on ac- respectively; the following provisions of title 37, United
tive duty in the commissioned officer corps (2) by redesignating paragraphs (7) through States Code, shall apply to the commissioned
of the Administration because of a cir- (12) as paragraphs (14) through (19), respec- officer corps of the Administration:
cumstance not within the control of that tively; ‘‘(1) Section 324, relating to accession bo-
person; or (3) by redesignating paragraphs (4) through nuses for new officers in critical skills.
‘‘(B) is— (6) as paragraphs (8) through (10), respec- ‘‘(2) Section 403(f)(3), relating to pre-
‘‘(i) not physically qualified for appoint- tively; scribing regulations defining the terms ‘field
ment; and (4) by inserting after paragraph (3) the fol- duty’ and ‘sea duty’.
‘‘(ii) determined to be unqualified for serv- lowing: ‘‘(3) Section 403(l), relating to temporary
ice in the commissioned officer corps of the ‘‘(4) Section 771, relating to unauthorized continuation of housing allowance for de-
Administration because of a physical or wearing of uniforms. pendents of members dying on active duty.
medical condition that was not the result of ‘‘(5) Section 774, relating to wearing reli- ‘‘(4) Section 415, relating to initial uniform
the person’s own misconduct or grossly neg- gious apparel while in uniform. allowances.
ligent conduct. ‘‘(6) Section 982, relating to service on ‘‘(5) Section 488, relating to allowances for
‘‘(4) OBLIGATION AS DEBT TO UNITED State and local juries. recruiting expenses.
STATES.—An obligation to reimburse the
‘‘(7) Section 1031, relating to administra- ‘‘(6) Section 495, relating to allowances for
Secretary imposed under paragraph (2) is, for tion of oaths.’’; funeral honors duty.
all purposes, a debt owed to the United (5) by inserting after paragraph (10), as re- ‘‘(b) REFERENCES.—The authority vested by
States. designated, the following: title 37, United States Code, in the ‘military
‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis- ‘‘(11) Section 1074n, relating to annual departments’, ‘the Secretary concerned’, or
charge in bankruptcy under title 11, United mental health assessments. ‘the Secretary of Defense’ with respect to
States Code, that is entered less than five ‘‘(12) Section 1090a, relating to referrals for the provisions of law referred to in sub-
years after the termination of a written mental health evaluations. section (a) shall be exercised, with respect to
agreement entered into under subsection ‘‘(13) Chapter 58, relating to the Benefits the commissioned officer corps of the Ad-
(b)(1)(C) does not discharge the person sign- and Services for members being separated or ministration, by the Secretary of Commerce
ing the agreement from a debt arising under recently separated.’’; and or the Secretary’s designee.’’.
such agreement or under paragraph (2). (6) by inserting after paragraph (19), as re- (b) PERSONAL MONEY ALLOWANCE.—Section
‘‘(i) REGULATIONS.—The Secretary may designated, the following: 414(a)(2) of title 37, United States Code, is
prescribe such regulations and orders as the ‘‘(20) Subchapter I of chapter 88, relating to amended by inserting ‘‘or the director of the
Secretary considers appropriate to carry out Military Family Programs. commissioned officer corps of the National
this section. ‘‘(21) Section 2005, relating to advanced Oceanic and Atmospheric Administration’’
‘‘(j) CONCURRENT COMPLETION OF SERVICE education assistance, active duty agree- after ‘‘Health Service’’.
dlhill on DSK120RN23PROD with SENATE
OBLIGATIONS.—A service obligation under ments, and reimbursement requirements.’’. (c) CLERICAL AMENDMENT.—The table of
this section may be completed concurrently (b) EXTENSION OF CERTAIN AUTHORITIES.— contents in section 1 of the Act entitled ‘‘An
with a service obligation under section 216.’’. (1) NOTARIAL SERVICES.—Section 1044a of Act to authorize the Hydrographic Services
(b) CLERICAL AMENDMENT.—The table of title 10, United States Code, is amended— Improvement Act of 1998, and for other pur-
contents in section 1 of the Act entitled ‘‘An (A) in subsection (a)(1), by striking ‘‘armed poses’’ (Public Law 107–372) is amended by in-
Act to authorize the Hydrographic Services forces’’ and inserting ‘‘uniformed services’’; serting after the item relating to section 261
Improvement Act of 1998, and for other pur- and the following:
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S3680 CONGRESSIONAL RECORD — SENATE June 29, 2020
‘‘Sec. 261A. Applicability of certain provi- or career-conditional position in the com- ‘‘(3) DEFINITIONS.—In this subsection:
sions of title 37, United States petitive service within the Administration ‘‘(A) MARITIME ACADEMIES OF THE STATES.—
Code.’’. for purposes of such limitation. The term ‘maritime academies of the States’
SEC. 1727. PROHIBITION ON RETALIATORY PER- ‘‘(b) CAREER APPOINTMENTS.—If the Sec- means the following:
SONNEL ACTIONS. retary selects an application submitted by ‘‘(i) California Maritime Academy, Vallejo,
(a) IN GENERAL.—Subsection (a) of section an officer described in subsection (a) for a California.
261 (33 U.S.C. 3071), as amended by section position described in such subsection, the ‘‘(ii) Great Lakes Maritime Academy, Tra-
1725(a), is further amended— Secretary shall give such officer a career or verse City, Michigan.
(1) by redesignating paragraphs (8) through career-conditional appointment in the com- ‘‘(iii) Maine Maritime Academy, Castine,
(25) as paragraphs (9) through (26), respec- petitive service, as appropriate. Maine.
tively; and ‘‘(c) COMPETITIVE SERVICE DEFINED.—In ‘‘(iv) Massachusetts Maritime Academy,
(2) by inserting after paragraph (7) the fol- this section, the term ‘competitive service’ Buzzards Bay, Massachusetts.
lowing: has the meaning given the term in section ‘‘(v) State University of New York Mari-
‘‘(8) Section 1034, relating to protected 2102 of title 5, United States Code.’’. time College, Fort Schuyler, New York.
communications and prohibition of retalia- (b) CLERICAL AMENDMENT.—The table of ‘‘(vi) Texas A&M Maritime Academy, Gal-
tory personnel actions.’’. contents in section 1 of the Act entitled ‘‘An veston, Texas.
(b) CONFORMING AMENDMENT.—Subsection Act to authorize the Hydrographic Services ‘‘(B) MILITARY SERVICE ACADEMIES OF THE
(b) of such section is amended by adding at Improvement Act of 1998, and for other pur- UNITED STATES.—The term ‘military service
the end the following: ‘‘For purposes of para- poses’’ (Public Law 107–372) is amended by in- academies of the United States’ means the
graph (8) of subsection (a), the term ‘Inspec- serting after the item relating to section 269, following:
tor General’ in section 1034 of such title 10 as added by section 1723(b), the following new ‘‘(i) The United States Military Academy,
shall mean the Inspector General of the De- item: West Point, New York.
partment of Commerce.’’. ‘‘Sec. 269A. Treatment of commission in ‘‘(ii) The United States Naval Academy,
(c) REGULATIONS.—Such section is further commissioned officer corps as Annapolis, Maryland.
amended by adding at the end the following: employment in Administration ‘‘(iii) The United States Air Force Acad-
‘‘(c) REGULATIONS REGARDING PROTECTED for purposes of certain hiring emy, Colorado Springs, Colorado.
COMMUNICATIONS AND PROHIBITION OF RETAL- decisions.’’. ‘‘(iv) The United States Coast Guard Acad-
IATORY PERSONNEL ACTIONS.—The Secretary Subtitle C—Appointments and Promotion of emy, New London, Connecticut.
may prescribe regulations to carry out the Officers ‘‘(v) The United States Merchant Marine
application of section 1034 of title 10, United SEC. 1731. APPOINTMENTS. Academy, Kings Point, New York.
States Code, to the commissioned officer (a) ORIGINAL APPOINTMENTS.—Section 221 ‘‘(b) REAPPOINTMENT.—
corps of the Administration, including by (33 U.S.C. 3021) is amended to read as follows: ‘‘(1) IN GENERAL.—Except as provided in
prescribing such administrative procedures paragraph (2), an individual who previously
‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE-
for investigation and appeal within the com- APPOINTMENTS. served in the commissioned officer corps of
missioned officer corps as the Secretary con- ‘‘(a) ORIGINAL APPOINTMENTS.— the Administration may be appointed by the
siders appropriate.’’. ‘‘(1) GRADES.— Secretary to the grade the individual held
SEC. 1728. APPLICATION OF CERTAIN PROVI- ‘‘(A) IN GENERAL.—Except as provided in prior to separation.
SIONS OF COMPETITIVE SERVICE ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.—
subparagraph (B), an original appointment of
LAW. An appointment under paragraph (1) to a po-
an officer may be made in such grades as
Section 3304(f) of title 5, United States sition of importance and responsibility des-
may be appropriate for—
Code, is amended— ignated under section 228 may only be made
‘‘(i) the qualification, experience, and
(1) in paragraph (1), by inserting ‘‘and by the President.
length of service of the appointee; and
members of the commissioned officer corps ‘‘(c) QUALIFICATIONS.—An appointment
‘‘(ii) the commissioned officer corps of the
of the National Oceanic and Atmospheric Ad- under subsection (a) or (b) may not be given
Administration.
ministration (or its predecessor organization to an individual until the individual’s men-
‘‘(B) APPOINTMENT OF OFFICER CAN-
the Coast and Geodetic Survey) separated tal, moral, physical, and professional fitness
DIDATES.—
from such uniformed service’’ after ‘‘sepa- to perform the duties of an officer has been
‘‘(i) LIMITATION ON GRADE.—An original ap- established under such regulations as the
rated from the armed forces’’;
pointment of an officer candidate, upon grad- Secretary shall prescribe.
(2) in paragraph (2), by striking ‘‘or vet-
uation from the basic officer training pro- ‘‘(d) ORDER OF PRECEDENCE.—Appointees
eran’’ and inserting ‘‘, veteran, or member’’;
gram of the commissioned officer corps of under this section shall take precedence in
and
the Administration, may not be made in any the grade to which appointed in accordance
(3) in paragraph (4), by inserting ‘‘and
other grade than ensign. with the dates of their commissions as com-
members of the commissioned officer corps
‘‘(ii) RANK.—Officer candidates receiving missioned officers in such grade. The order of
of the National Oceanic and Atmospheric Ad-
appointments as ensigns upon graduation precedence of appointees whose dates of com-
ministration (or its predecessor organization
from the basic officer training program shall mission are the same shall be determined by
the Coast and Geodetic Survey) separated
take rank according to their proficiency as the Secretary.
from such uniformed service’’ after ‘‘sepa-
shown by the order of their merit at date of ‘‘(e) INTER-SERVICE TRANSFERS.—For inter-
rated from the armed forces’’.
graduation. service transfers (as described in Department
SEC. 1729. EMPLOYMENT AND REEMPLOYMENT
‘‘(2) SOURCE OF APPOINTMENTS.—An original of Defense Directive 1300.4 (dated December
RIGHTS.
appointment may be made from among the 27, 2006)) the Secretary shall—
Section 4303(16) of title 38, United States ‘‘(1) coordinate with the Secretary of De-
following:
Code, is amended by inserting ‘‘the commis- fense and the Secretary of the Department in
‘‘(A) Graduates of the basic officer training
sioned officer corps of the National Oceanic which the Coast Guard is operating to pro-
program of the commissioned officer corps of
and Atmospheric Administration,’’ after mote and streamline inter-service transfers;
the Administration.
‘‘Public Health Service,’’. ‘‘(2) give preference to such inter-service
‘‘(B) Graduates of the military service
SEC. 1730. TREATMENT OF COMMISSION IN COM- transfers for recruitment purposes as deter-
academies of the United States who other-
MISSIONED OFFICER CORPS FOR
PURPOSES OF CERTAIN HIRING DE- wise meet the academic standards for enroll- mined appropriate by the Secretary; and
CISIONS. ment in the training program described in ‘‘(3) reappoint such inter-service transfers
(a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 subparagraph (A). to the equivalent grade in the commissioned
et seq.), as amended by this title, is further ‘‘(C) Graduates of the maritime academies officer corps.’’.
of the States who— (b) CLERICAL AMENDMENT.—The table of
amended by adding at the end the following:
‘‘(i) otherwise meet the academic stand- contents in section 1 of the Act entitled ‘‘An
‘‘SEC. 269A. TREATMENT OF COMMISSION IN COM-
MISSIONED OFFICER CORPS AS EM- ards for enrollment in the training program Act to authorize the Hydrographic Services
PLOYMENT IN ADMINISTRATION described in subparagraph (A); Improvement Act of 1998, and for other pur-
FOR PURPOSES OF CERTAIN HIRING ‘‘(ii) completed at least three years of regi- poses’’ (Public Law 107–372) is amended by
DECISIONS. mented training while at a maritime acad- striking the item relating to section 221 and
‘‘(a) IN GENERAL.—In any case in which the emy of a State; and inserting the following:
Secretary accepts an application for a posi- ‘‘(iii) obtained an unlimited tonnage or un- ‘‘Sec. 221. Original appointments and re-
tion of employment with the Administration limited horsepower Merchant Mariner Cre- appointments.’’.
and limits consideration of applications for dential from the United States Coast Guard. SEC. 1732. PERSONNEL BOARDS.
dlhill on DSK120RN23PROD with SENATE
such position to applications submitted by ‘‘(D) Licensed officers of the United States Section 222 (33 U.S.C. 3022) is amended to
individuals serving in a career or career-con- merchant marine who have served two or read as follows:
ditional position in the competitive service more years aboard a vessel of the United ‘‘SEC. 222. PERSONNEL BOARDS.
within the Administration, the Secretary States in the capacity of a licensed officer, ‘‘(a) CONVENING.—Not less frequently than
shall deem an officer who has served as an who otherwise meet the academic standards once each year and at such other times as
officer in the commissioned officer corps for for enrollment in the training program de- the Secretary determines necessary, the Sec-
at least three years to be serving in a career scribed in subparagraph (A). retary shall convene a personnel board.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3681
‘‘(b) MEMBERSHIP.— (4) in subsection (f), by inserting ‘‘or in a ‘‘(i) will accept an appointment, if ten-
‘‘(1) IN GENERAL.—A board convened under period of annual leave used at the end of the dered, as an officer; and
subsection (a) shall consist of five or more appointment’’ after ‘‘serving in that grade’’. ‘‘(ii) will serve on active duty for at least
officers who are serving in or above the per- SEC. 1734. TEMPORARY APPOINTMENTS. four years immediately after such appoint-
manent grade of the officers under consider- (a) IN GENERAL.—Section 229 (33 U.S.C. ment.
ation by the board. 3029) is amended to read as follows: ‘‘(e) REGULATIONS.—The Secretary shall
‘‘(2) RETIRED OFFICERS.—Officers on the re- ‘‘SEC. 229. TEMPORARY APPOINTMENTS. prescribe regulations to carry out this sec-
tired list may be recalled to serve on such ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem- tion. Such regulations shall include—
personnel boards as the Secretary considers porary appointments in the grade of ensign, ‘‘(1) standards for determining what con-
necessary. lieutenant junior grade, or lieutenant may stitutes a breach of an agreement signed
‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE be made by the President. under subsection (d)(1); and
BOARDS.—No officer may be a member of two ‘‘(b) TERMINATION.—A temporary appoint- ‘‘(2) procedures for determining whether
successive personnel boards convened to con- ment to a position under subsection (a) shall such a breach has occurred.
sider officers of the same grade for pro- terminate upon approval of a permanent ap- ‘‘(f) REPAYMENT.—An officer candidate or
motion or separation. pointment for such position made by the former officer candidate who does not fulfill
‘‘(c) DUTIES.—Each personnel board shall— President. the terms of the obligation to serve as speci-
‘‘(1) recommend to the Secretary such ‘‘(c) ORDER OF PRECEDENCE.—Appointees fied under subsection (d) shall be subject to
changes as may be necessary to correct any under subsection (a) shall take precedence in the repayment provisions of section 216(b).’’.
erroneous position on the lineal list that was (b) CLERICAL AMENDMENT.—The table of
the grade to which appointed in accordance
caused by administrative error; and contents in section 1 of the Act entitled ‘‘An
with the dates of their appointments as offi-
‘‘(2) make selections and recommendations Act to authorize the Hydrographic Services
cers in such grade. The order of precedence
Improvement Act of 1998, and for other pur-
to the Secretary and the President for the of appointees who are appointed on the same
poses’’ (Public Law 107–372) is amended by in-
appointment, promotion, involuntary sepa- date shall be determined by the Secretary. serting after the item relating to section 233
ration, continuation, and involuntary retire- ‘‘(d) ANY ONE GRADE.—When determined by
the following:
ment of officers in the commissioned officer the Secretary to be in the best interest of
corps of the Administration as prescribed in the commissioned officer corps, officers in ‘‘Sec. 234. Officer candidates.’’.
this title. (c) OFFICER CANDIDATE DEFINED.—Section
any permanent grade may be temporarily
212(b) (33 U.S.C. 3002(b)) is amended—
‘‘(d) ACTION ON RECOMMENDATIONS NOT AC- promoted one grade by the President. Any
(1) by redesignating paragraphs (4) through
CEPTABLE.—If any recommendation by a such temporary promotion terminates upon
(6) as paragraphs (5) through (7), respec-
board convened under subsection (a) is not the transfer of the officer to a new assign-
tively; and
accepted by the Secretary or the President, ment.’’.
(b) CLERICAL AMENDMENT.—The table of (2) by inserting after paragraph (3) the fol-
the board shall make such further rec-
contents in section 1 of the Act entitled ‘‘An lowing:
ommendations as the Secretary or the Presi-
Act to authorize the Hydrographic Services ‘‘(4) OFFICER CANDIDATE.—The term ‘officer
dent considers appropriate.
Improvement Act of 1998, and for other pur- candidate’ means an individual who is en-
‘‘(e) AUTHORITY FOR OFFICERS TO OPT OUT
poses’’ (Public Law 107–372) is amended by rolled in the basic officer training program
OF PROMOTION CONSIDERATION.—
striking the item relating to section 229 and of the Administration and is under consider-
‘‘(1) IN GENERAL.—The Director of the Na-
inserting the following: ation for appointment as an officer under
tional Oceanic and Atmospheric Administra-
section 221(a)(2)(A).’’.
tion Commissioned Officer Corps may pro- ‘‘Sec. 229. Temporary appointments.’’. (d) PAY FOR OFFICER CANDIDATES.—Section
vide that an officer, upon the officer’s re- SEC. 1735. OFFICER CANDIDATES. 203 of title 37, United States Code, is amend-
quest and with the approval of the Director, (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 ed by adding at the end the following:
be excluded from consideration for pro- et seq.) is amended by adding at the end the ‘‘(f)(1) An officer candidate enrolled in the
motion by a personnel board convened under following: basic officer training program of the com-
this section. ‘‘SEC. 234. OFFICER CANDIDATES. missioned officer corps of the National Oce-
‘‘(2) APPROVAL.—The Director shall ap- ‘‘(a) DETERMINATION OF NUMBER.—The Sec- anic and Atmospheric Administration is en-
prove a request made by an officer under retary shall determine the number of ap- titled, while participating in such program,
paragraph (1) only if— pointments of officer candidates. to monthly officer candidate pay at monthly
‘‘(A) the basis for the request is to allow ‘‘(b) APPOINTMENT.—Appointment of officer rates equal to the basic pay of an enlisted
the officer to complete a broadening assign- candidates shall be made under regulations, member in the pay grade E–5 with less than
ment, advanced education, another assign- which the Secretary shall prescribe, includ- two years of service.
ment of significant value to the Administra- ing regulations with respect to determining ‘‘(2) An individual who graduates from
tion, a career progression requirement de- age limits, methods of selection of officer such program shall receive credit for the
layed by the assignment or education, or a candidates, term of service as an officer can- time spent participating in such program as
qualifying personal or professional cir- didate before graduation from the basic offi- if such time were time served while on active
cumstance, as determined by the Director; cer training program of the Administration, duty as a commissioned officer. If the indi-
‘‘(B) the Director determines the exclusion and all other matters affecting such appoint- vidual does not graduate from such program,
from consideration is in the best interest of ment. such time shall not be considered creditable
the Administration; and ‘‘(c) DISMISSAL.—The Secretary may dis- for active duty or pay.’’.
‘‘(C) the officer has not previously failed miss from the basic officer training program SEC. 1736. PROCUREMENT OF PERSONNEL.
selection for promotion to the grade for of the Administration any officer candidate (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021
which the officer requests the exclusion from who, during the officer candidate’s term as et seq.), as amended by section 1735(a), is fur-
consideration.’’. an officer candidate, the Secretary considers ther amended by adding at the end the fol-
SEC. 1733. POSITIONS OF IMPORTANCE AND RE- unsatisfactory in either academics or con- lowing:
SPONSIBILITY. duct, or not adapted for a career in the com- ‘‘SEC. 235. PROCUREMENT OF PERSONNEL.
Section 228 (33 U.S.C. 3028) is amended— missioned officer corps of the Administra- ‘‘The Secretary may make such expendi-
(1) in subsection (c)— tion. Officer candidates shall be subject to tures as the Secretary considers necessary in
(A) in the first sentence, by striking ‘‘The rules governing discipline prescribed by the order to obtain recruits for the commis-
Secretary shall designate one position under Director of the National Oceanic and Atmos- sioned officer corps of the Administration,
this section’’ and inserting ‘‘The President pheric Administration Commissioned Officer including advertising.’’.
shall designate one position’’; and Corps. (b) CLERICAL AMENDMENT.—The table of
(B) in the second sentence, by striking ‘‘(d) AGREEMENT.— contents in section 1 of the Act entitled ‘‘An
‘‘That position shall be filled by’’ and insert- ‘‘(1) IN GENERAL.—Each officer candidate Act to authorize the Hydrographic Services
ing ‘‘The President shall fill that position by shall sign an agreement with the Secretary Improvement Act of 1998, and for other pur-
appointing, by and with the advice and con- in accordance with section 216(a)(2) regard- poses’’ (Public Law 107–372), as amended by
sent of the Senate,’’; ing the officer candidate’s term of service in section 1735(b), is further amended by insert-
(2) in subsection (d)(2), by inserting ‘‘or im- the commissioned officer corps of the Ad- ing after the item relating to section 234 the
mediately beginning a period of terminal ministration. following:
leave’’ after ‘‘for which a higher grade is des- ‘‘(2) ELEMENTS.—An agreement signed by ‘‘235. Procurement of personnel.’’.
ignated’’; an officer candidate under paragraph (1) SEC. 1737. CAREER INTERMISSION PROGRAM.
(3) by amending subsection (e) to read as shall provide that the officer candidate (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021
dlhill on DSK120RN23PROD with SENATE
follows: agrees to the following: et seq.), as amended by section 1736(a), is fur-
‘‘(e) LIMIT ON NUMBER OF OFFICERS AP- ‘‘(A) That the officer candidate will com- ther amended by adding at the end the fol-
POINTED.—The total number of officers serv- plete the course of instruction at the basic lowing:
ing on active duty at any one time in the officer training program of the Administra- ‘‘SEC. 236. CAREER FLEXIBILITY TO ENHANCE RE-
grade of rear admiral (lower half) or above tion. TENTION OF OFFICERS.
may not exceed five, with only one serving in ‘‘(B) That upon graduation from such pro- ‘‘(a) PROGRAMS AUTHORIZED.—The Sec-
the grade of vice admiral.’’; and gram, the officer candidate— retary may carry out a program under which
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S3682 CONGRESSIONAL RECORD — SENATE June 29, 2020
officers may be inactivated from active duty under this section shall not be treated as a ‘‘(5) LEAVE BALANCE.—An officer who par-
in order to meet personal or professional failure of the officer to perform any period of ticipates in a program under this section is
needs and returned to active duty at the end service required of the officer in connection entitled to carry forward the leave balance
of such period of inactivation from active with an agreement for a special or incentive existing as of the day on which the officer
duty. pay or bonus under chapter 5 of title 37, begins participation and accumulated in ac-
‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE United States Code, that is in force when the cordance with section 701 of title 10, but not
DUTY; EFFECT OF INACTIVATION.— officer commences participation in the pro- to exceed 60 days.
‘‘(1) IN GENERAL.—The period of inactiva- gram. ‘‘(g) PROMOTION.—
tion from active duty under a program under ‘‘(3) RETURN TO ACTIVE DUTY.— ‘‘(1) IN GENERAL.—An officer participating
this section of an officer participating in the ‘‘(A) SPECIAL OR INCENTIVE PAY OR BONUS.— in a program under this section shall not,
program shall be such period as the Sec- Subject to subparagraph (B), upon the return while participating in the program, be eligi-
retary shall specify in the agreement of the of an officer to active duty after completion ble for consideration for promotion under
officer under subsection (c), except that such by the officer of participation in a program subtitle B.
period may not exceed three years. under this section— ‘‘(2) RETURN TO SERVICE.—Upon the return
‘‘(2) EXCLUSION FROM RETIREMENT.—Any pe- ‘‘(i) any agreement entered into by the of- of an officer to active duty after completion
riod of participation of an officer in a pro- ficer under chapter 5 of title 37, United by the officer of participation in a program
gram under this section shall not count to- States Code, for the payment of a special or under this section—
ward eligibility for retirement or computa- incentive pay or bonus that was in force ‘‘(A) the Secretary may adjust the date of
tion of retired pay under subtitle C. when the officer commenced participation in rank of the officer in such manner as the
‘‘(c) AGREEMENT.—Each officer who partici- the program shall be revived, with the term Secretary shall prescribe in regulations for
pates in a program under this section shall of such agreement after revival being the pe- purposes of this section; and
enter into a written agreement with the Sec- riod of the agreement remaining to run when ‘‘(B) the officer shall be eligible for consid-
retary under which that officer shall agree the officer commenced participation in the eration for promotion when officers of the
as follows: program; and same competitive category, grade, and se-
‘‘(1) To undergo during the period of the in- ‘‘(ii) any special or incentive pay or bonus niority are eligible for consideration for pro-
activation of the officer from active duty shall be payable to the officer in accordance motion.
under the program such inactive duty train- with the terms of the agreement concerned ‘‘(h) CONTINUED ENTITLEMENTS.—An officer
ing as the Director of the National Oceanic for the term specified in clause (i). participating in a program under this section
and Atmospheric Administration Commis- ‘‘(B) LIMITATION.— shall, while participating in the program, be
sioned Officer Corps shall require in order to ‘‘(i) IN GENERAL.—Subparagraph (A) shall treated as a member of the uniformed serv-
ensure that the officer retains proficiency, at not apply to any special or incentive pay or ices on active duty for a period of more than
a level determined by the Director to be suf- bonus otherwise covered by that subpara- 30 days for purposes of—
ficient, in the technical skills, professional graph with respect to an officer if, at the ‘‘(1) the entitlement of the officer and of
qualifications, and physical readiness of the time of the return of the officer to active the dependents of the officer to medical and
officer during the inactivation of the officer duty as described in that subparagraph— dental care under the provisions of chapter
from active duty. ‘‘(I) such pay or bonus is no longer author- 55 of title 10; and
‘‘(2) Following completion of the period of ized by law; or ‘‘(2) retirement or separation for physical
the inactivation of the officer from active ‘‘(II) the officer does not satisfy eligibility disability under the provisions of subtitle
duty under the program, to serve two criteria for such pay or bonus as in effect at C.’’.
months on active duty for each month of the the time of the return of the officer to active (b) CLERICAL AMENDMENT.—The table of
period of the inactivation of the officer from duty. contents in section 1 of the Act entitled ‘‘An
active duty under the program. ‘‘(ii) PAY OR BONUS CEASES BEING AUTHOR- Act to authorize the Hydrographic Services
‘‘(d) CONDITIONS OF RELEASE.—The Sec- IZED.—Subparagraph (A) shall cease to apply Improvement Act of 1998, and for other pur-
retary shall— to any special or incentive pay or bonus oth- poses’’ (Public Law 107–372), as amended by
‘‘(1) prescribe regulations specifying the erwise covered by that subparagraph with re- section 1736(b), is further amended by insert-
guidelines regarding the conditions of re- spect to an officer if, during the term of the ing after the item relating to section 235 the
lease that must be considered and addressed revived agreement of the officer under sub- following:
in the agreement required by subsection (c); paragraph (A)(i), such pay or bonus ceases
‘‘Sec. 236. Career flexibility to enhance re-
and being authorized by law.
‘‘(C) REPAYMENT.—An officer who is ineli- tention of officers.’’.
‘‘(2) at a minimum, prescribe the proce-
dures and standards to be used to instruct an gible for payment of a special or incentive Subtitle D—Separation and Retirement of
officer on the obligations to be assumed by pay or bonus otherwise covered by this para- Officers
the officer under paragraph (1) of such sub- graph by reason of subparagraph (B)(i)(II) SEC. 1741. INVOLUNTARY RETIREMENT OR SEPA-
section while the officer is released from ac- shall be subject to the requirements for re- RATION.
tive duty. payment of such pay or bonus in accordance Section 241 (33 U.S.C. 3041) is amended by
‘‘(e) ORDER TO ACTIVE DUTY.—Under regu- with the terms of the applicable agreement adding at the end the following:
lations prescribed by the Secretary, an offi- of the officer under chapter 5 of title 37, ‘‘(d) DEFERMENT OF RETIREMENT OR SEPA-
cer participating in a program under this United States Code. RATION FOR MEDICAL REASONS.—
section may, in the discretion of the Sec- ‘‘(D) REQUIRED SERVICE IS ADDITIONAL.— ‘‘(1) IN GENERAL.—If the Secretary deter-
retary, be required to terminate participa- Any service required of an officer under an mines that the evaluation of the medical
tion in the program and be ordered to active agreement covered by this paragraph after condition of an officer requires hospitaliza-
duty. the officer returns to active duty as de- tion or medical observation that cannot be
‘‘(f) PAY AND ALLOWANCES.— scribed in subparagraph (A) shall be in addi- completed with confidence in a manner con-
‘‘(1) BASIC PAY.—During each month of par- tion to any service required of the officer sistent with the officer’s well-being before
ticipation in a program under this section, under an agreement under subsection (c). the date on which the officer would other-
an officer who participates in the program ‘‘(4) TRAVEL AND TRANSPORTATION ALLOW- wise be required to retire or be separated
shall be paid basic pay in an amount equal to ANCE.— under this section, the Secretary may defer
two-thirtieths of the amount of monthly ‘‘(A) IN GENERAL.—Subject to subparagraph the retirement or separation of the officer.
basic pay to which the officer would other- (B), an officer who participates in a program ‘‘(2) CONSENT REQUIRED.—A deferment may
wise be entitled under section 204 of title 37, under this section is entitled, while partici- only be made with the written consent of the
United States Code, as a member of the uni- pating in the program, to the travel and officer involved. If the officer does not pro-
formed services on active duty in the grade transportation allowances authorized by sec- vide written consent to the deferment, the
and years of service of the officer when the tion 474 of title 37, United States Code, for— officer shall be retired or separated as sched-
officer commences participation in the pro- ‘‘(i) travel performed from the residence of uled.
gram. the officer, at the time of release from active ‘‘(3) LIMITATION.—A deferment of retire-
‘‘(2) SPECIAL OR INCENTIVE PAY OR BONUS.— duty to participate in the program, to the lo- ment or separation under this subsection
‘‘(A) PROHIBITION.—An officer who partici- cation in the United States designated by may not extend for more than 30 days after
pates in a program under this section shall the officer as the officer’s residence during completion of the evaluation requiring hos-
not, while participating in the program, be the period of participation in the program; pitalization or medical observation.’’.
paid any special or incentive pay or bonus to and SEC. 1742. SEPARATION PAY.
which the officer is otherwise entitled under ‘‘(ii) travel performed to the residence of Section 242 (33 U.S.C. 3042) is amended by
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an agreement under chapter 5 of title 37, the officer upon return to active duty at the adding at the end the following:
United States Code, that is in force when the end of the participation of the officer in the ‘‘(d) EXCEPTION.—An officer discharged for
officer commences participation in the pro- program. twice failing selection for promotion to the
gram. ‘‘(B) SINGLE RESIDENCE.—An allowance is next higher grade is not entitled to separa-
‘‘(B) NOT TREATED AS FAILURE TO PERFORM payable under this paragraph only with re- tion pay under this section if the officer—
SERVICES.—The inactivation from active spect to travel of an officer to and from a ‘‘(1) expresses a desire not to be selected
duty of an officer participating in a program single residence. for promotion; or
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3683
‘‘(2) requests removal from the list of se- records, subject to narrow exceptions, as set (12) PUBLIC INTEREST.—The term ‘‘public
lectees.’’. forth in this title. interest’’ means the compelling interest in
SEC. 1703. DEFINITIONS. the prompt public disclosure of Missing
SA 2229. Mr. CRAPO (for himself, In this title: Armed Forces Personnel records for histor-
Mrs. SHAHEEN, and Mr. RISCH) sub- (1) ARCHIVIST.—The term ‘‘Archivist’’ ical and governmental purposes, for public
mitted an amendment intended to be means Archivist of the United States. research, and for the purpose of fully inform-
proposed by him to the bill S. 4049, to (2) COLLECTION.—The term ‘‘Collection’’ ing the people of the United States, most im-
means the Missing Armed Forces Personnel portantly families of Missing Armed Forces
authorize appropriations for fiscal year Personnel, about the fate of the Missing
Records Collection established under section
2021 for military activities of the De- 1704(a). Armed Forces Personnel and the process by
partment of Defense, for military con- (3) EXECUTIVE AGENCY.—The term ‘‘Execu- which the Federal Government has sought to
struction, and for defense activities of tive agency’’— account for them.
the Department of Energy, to prescribe (A) means an agency, as defined in section (13) RECORD.—The term ‘‘record’’ has the
military personnel strengths for such 552(f) of title 5, United States Code; and meaning given the term ‘‘records’’ in section
fiscal year, and for other purposes; (B) includes any Executive department, 3301 of title 44, United States Code.
military department, Government corpora- (14) REVIEW BOARD.—The term ‘‘Review
which was ordered to lie on the table; Board’’ means the Missing Armed Forces
tion, Government controlled corporation, or
as follows: other establishment in the executive branch Personnel Records Review Board established
At the end of division A, add the following: of the Federal Government, including the under section 1707.
TITLE XVII—BRING OUR HEROS HOME Executive Office of the President, any SEC. 1704. MISSING ARMED FORCES PERSONNEL
branch of the Armed Forces, and any inde- RECORDS COLLECTION AT THE NA-
SEC. 1701. SHORT TITLE.
pendent regulatory agency. TIONAL ARCHIVES.
This title may be cited as the ‘‘Bring Our (a) ESTABLISHMENT OF COLLECTION.—Not
Heroes Home Act’’. (4) EXECUTIVE BRANCH MISSING ARMED
FORCES PERSONNEL RECORD.—The term ‘‘exec- later than 90 days after the date of enact-
SEC. 1702. FINDINGS, DECLARATIONS, AND PUR- ment of this Act, the Archivist shall—
POSES.
utive branch Missing Armed Forces Per-
sonnel record’’ means a Missing Armed (1) commence establishment of a collection
(a) FINDINGS AND DECLARATIONS.—Congress of records to be known as the ‘‘Missing
Forces Personnel record of an Executive
finds and declares the following: Armed Forces Personnel Records Collec-
agency, or information contained in such a
(1) A vast number of records relating to tion’’;
Missing Armed Forces Personnel record ob-
Missing Armed Forces Personnel have not (2) commence preparing the subject guide-
tained by or developed within the executive
been identified, located, or transferred to the branch of the Federal Government. book and index to the Collection; and
National Archives following review and de- (5) GOVERNMENT OFFICE.—The term ‘‘Gov- (3) establish criteria for Executive agencies
classification. Only in the rarest cases is ernment office’’ means an Executive agency, to follow when transmitting copies of Miss-
there any legitimate need for continued pro- the Library of Congress, or the National Ar- ing Armed Forces Personnel Records to the
tection of records pertaining to Missing chives. Archivist, to include required metadata.
Armed Forces Personnel who have been (6) MISSING ARMED FORCES PERSONNEL.— (b) REGULATIONS.—Not later than 180 days
missing for decades. (A) DEFINITION.—The term ‘‘Missing Armed after the date of enactment of this Act, the
(2) There has been insufficient priority Forces Personnel’’ means 1 or more missing Review Board shall promulgate rules to es-
placed on identifying, locating, reviewing, or persons. tablish guidelines and processes for the dis-
declassifying records relating to Missing (B) INCLUSIONS.—The term ‘‘Missing Armed closure of records contained in the Collec-
Armed Forces Personnel and then transfer- Forces Personnel’’ includes an individual tion.
ring the records to the National Archives for SEC. 1705.REVIEW, IDENTIFICATION, TRANS-
who was a missing person and whose status
public access. MISSION TO THE NATIONAL AR-
was later changed to ‘‘missing and presumed CHIVES, AND PUBLIC DISCLOSURE
(3) Mandates for declassification set forth dead’’. OF MISSING ARMED FORCES PER-
in multiple Executive orders have been (7) MISSING ARMED FORCES PERSONNEL SONNEL RECORDS BY GOVERNMENT
broadly written, loosely interpreted, and RECORD.—The term ‘‘Missing Armed Forces OFFICES.
often ignored by Federal agencies in posses- Personnel record’’ means a record that re- (a) IN GENERAL.—
sion and control of records related to Miss- lates, directly or indirectly, to the loss, fate, (1) PREPARATION.—As soon as practicable
ing Armed Forces Personnel. or status of Missing Armed Forces Personnel after the date of enactment of this Act, and
(4) No individual or entity has been tasked that— sufficiently in advance of the deadlines es-
with oversight of the identification, collec- (A) was created or made available for use tablished under this title, each Government
tion, review, and declassification of records by, obtained by, or otherwise came into the office shall—
related to Missing Armed Forces Personnel. custody, possession, or control of— (A) identify and locate any Missing Armed
(5) The interest, desire, workforce, and (i) any Government office; Forces Personnel records in the custody, pos-
funding of Federal agencies to assemble, re- (ii) any Presidential library; or session, or control of the Government office;
view, and declassify records relating to Miss- (iii) any of the Armed Forces; and and
ing Armed Forces Personnel have been lack- (B) relates to 1 or more Missing Armed (B) prepare for transmission to the Archi-
ing. Forces Personnel who became missing per- vist in accordance with the criteria estab-
(6) All records of the Federal Government sons during the period— lished by the Archivist a copy of any Missing
relating to Missing Armed Forces Personnel (i) beginning on December 7, 1941; and Armed Forces Personnel records that have
should be preserved for historical and gov- (ii) ending on the date of enactment of this not previously been transmitted to the Ar-
ernmental purposes and for public research. Act. chivist by the Government office.
(7) All records of the Federal Government (8) MISSING PERSON.—The term ‘‘missing (2) CERTIFICATION.—Each Government of-
relating to Missing Armed Forces Personnel person’’ has the meaning given that term in fice shall submit to the Archivist, under pen-
should carry a presumption of declassifica- section 1513 of title 10, United States Code. alty of perjury, a certification indicating—
tion, and all such records should be disclosed (9) NATIONAL ARCHIVES.—The term ‘‘Na- (A) whether the Government office has
under this title to enable the fullest possible tional Archives’’— conducted a thorough search for all Missing
accounting for Missing Armed Forces Per- (A) means the National Archives and Armed Forces Personnel records in the cus-
sonnel. Records Administration; and tody, possession, or control of the Govern-
(8) Legislation is necessary to create an en- (B) includes any component of the Na- ment office; and
forceable, independent, and accountable tional Archives and Records Administration (B) whether a copy of any Missing Armed
process for the public disclosure of records (including Presidential archival depositories Forces Personnel record has not been trans-
relating to Missing Armed Forces Personnel. established under section 2112 of title 44, mitted to the Archivist.
(9) Legislation is necessary because section United States Code). (3) PRESERVATION.—No Missing Armed
552 of title 5, United States Code (commonly (10) OFFICIAL INVESTIGATION.—The term Forces Personnel record shall be destroyed,
known as the ‘‘Freedom of Information ‘‘official investigation’’ means a review, altered, or mutilated in any way.
Act’’), as implemented by Federal agencies, briefing, inquiry, or hearing relating to Miss- (4) EFFECT OF PREVIOUS DISCLOSURE.—Infor-
has prevented the timely public disclosure of ing Armed Forces Personnel conducted by a mation that was made available or disclosed
records relating to Missing Armed Forces Presidential commission, committee of Con- to the public before the date of enactment of
Personnel. gress, or agency, regardless of whether it is this Act in a Missing Armed Forces Per-
(b) PURPOSES.—The purposes of this title conducted independently, at the request of sonnel record may not be withheld, redacted,
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are— any Presidential commission or committee postponed for public disclosure, or reclassi-
(1) to provide for the creation of the Miss- of Congress, or at the request of any official fied.
ing Armed Forces Personnel Records Collec- of the Federal Government. (5) WITHHELD AND SUBSTANTIALLY REDACTED
tion at the National Archives; and (11) ORIGINATING BODY.—The term ‘‘origi- RECORDS.—For any Missing Armed Forces
(2) to require the expeditious public trans- nating body’’ means the Government office Personnel record that is transmitted to the
mission to the Archivist and public disclo- or other initial source that created a record Archivist which a Government office pro-
sure of Missing Armed Forces Personnel or particular information within a record. poses to substantially redact or withhold in
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S3684 CONGRESSIONAL RECORD — SENATE June 29, 2020
full from public access, the head of the Gov- (2) CONTENTS.— (C) intelligence activities (including covert
ernment office shall submit an unclassified (A) IN GENERAL.—A periodic review of a action), intelligence sources or methods, or
and publicly releasable report to the Archi- Missing Armed Forces Personnel record, or cryptology;
vist, the Review Board, and each appropriate information within a Missing Armed Forces (D) foreign relations or foreign activities
committee of the Senate and the House of Personnel record, by the originating body of the United States, including confidential
Representatives justifying the decision of shall address the public disclosure of the sources;
the Government office to substantially re- Missing Armed Forces Personnel record (E) scientific, technological, or economic
dact or withhold the record by dem- under the standards under this title. matters relating to the national security;
onstrating that the release of information (B) CONTINUED POSTPONEMENT.—If an origi- (F) United States Government programs
would clearly and demonstrably be expected nating body conducting a periodic review of for safeguarding nuclear materials or facili-
to cause an articulated harm, and that the a Missing Armed Forces Personnel record, or ties;
harm would be of such gravity as to out- information within a Missing Armed Forces (G) vulnerabilities or capabilities of sys-
weigh the public interest in access to the in- Personnel record, the public disclosure of
tems, installations, infrastructures, projects,
formation. which has been postponed under the stand-
(b) REVIEW.— plans, or protection services relating to the
ards under this title, determines that contin-
(1) IN GENERAL.—Not later than 180 days national security; or
ued postponement is required, the origi-
after the date of enactment of this Act, each nating body shall provide to the Archivist an (H) the development, production, or use of
Government office shall, in accordance with unclassified written description of the reason weapons of mass destruction; and
the criteria established by the Archivist and for the continued postponement that the Ar- (2) the threat posed by the public disclo-
the rules promulgated under paragraph (2)— chivist shall highlight and make accessible sure of the Missing Armed Forces Personnel
(A) identify, locate, copy, and review each on a publicly accessible website adminis- record or information is of such gravity that
Missing Armed Forces Personnel record in tered by the National Archives. it outweighs the public interest in disclo-
the custody, possession, or control of the (C) SCOPE.—The periodic review of post- sure.
Government office for transmission to the poned Missing Armed Forces Personnel (b) OLDER RECORDS.—Disclosure to the pub-
Archivist and disclosure to the public or, if records, or information within a Missing lic of a Missing Armed Forces Personnel
needed, review by the Review Board; and Armed Forces Personnel record, shall serve record or particular information in a Missing
(B) cooperate fully, in consultation with the purpose stated in section 1702(b)(2), to
the Archivist, in carrying out paragraph (3). Armed Forces Personnel record created on or
provide expeditious public disclosure of Miss-
(2) REQUIREMENT.—The Review Board shall ing Armed Forces Personnel records, to the before the date that is 25 years before the
promulgate rules for the disclosure of rel- fullest extent possible, subject only to the date of the review of the Missing Armed
evant records by Government offices under grounds for postponement of disclosure Forces Personnel record by the Archivist
paragraph (1). under section 1706. may be postponed subject to the limitations
(3) NATIONAL ARCHIVES RECORDS.—Not later (D) DISCLOSURE ABSENT CERTIFICATION BY under this title only if, as demonstrated by
than 180 days after the date of enactment of PRESIDENT.—Not later than 10 years after the clear and convincing evidence—
this Act, the Archivist shall— date of enactment of this Act, all Missing (1) the release of the information would be
(A) locate and identify all Missing Armed Armed Forces Personnel records, and infor- expected to—
Forces Personnel records in the custody of mation within a Missing Armed Forces Per- (A) reveal the identity of a confidential
the National Archives as of the date of en- sonnel record, shall be publicly disclosed in human source, a human intelligence source,
actment of this Act that remain classified, full, and available in the Collection, unless— a relationship with an intelligence or secu-
in whole or in part; (i) the head of the originating body, Execu- rity service of a foreign government or inter-
(B) notify a Government office if the Ar- tive agency, or other Government office rec- national organization, or a nonhuman intel-
chivist locates and identifies a record of the ommends in writing that continued post- ligence source, or impair the effectiveness of
Government office under subparagraph (A); ponement is necessary;
an intelligence method currently in use,
and (ii) the written recommendation described
available for use, or under development;
(C) make each classified Missing Armed in clause (i)—
(B) reveal information that would impair
Forces Personnel record located and identi- (I) is provided to the Archivist in unclassi-
United States cryptologic systems or activi-
fied under subparagraph (A) available for re- fied and publicly releasable form not later
ties;
view by Executive agencies through the Na- than 180 days before the date that is 10 years
(C) reveal formally named or numbered
tional Declassification Center established after the date of enactment of this Act; and
United States military war plans that re-
under Executive Order 13526. (II) includes—
main in effect, or reveal operational or tac-
(4) RECORDS ALREADY PUBLIC.—A Missing (aa) a justification of the recommendation
Armed Forces Personnel record that is in the tical elements of prior plans that are con-
to postpone disclosure with clear and con-
custody of the National Archives on the date tained in such active plans; or
vincing evidence that the identifiable harm
of enactment of this Act and that has been is of such gravity that it outweighs the pub- (D) reveal information, including foreign
publicly available in its entirety without re- lic interest in disclosure; and government information, that would cause
daction shall be made available in the Col- (bb) a recommended specified time at serious harm to relations between the United
lection without any additional review by the which or a specified occurrence following States and a foreign government, or to ongo-
Archivist, the Review Board, or any other which the material may be appropriately ing diplomatic activities of the United
Government office under this title. disclosed to the public under this title; States; and
(c) TRANSMISSION TO THE NATIONAL AR- (iii) the Archivist transmits all rec- (2) the threat posed by the public disclo-
CHIVES.—Each Government office shall— ommended postponements and the rec- sure of the Missing Armed Forces Personnel
(1) not later than 180 days after the date of ommendation of the Archivist to the Presi- record or information is of such gravity that
enactment of this Act, commence trans- dent not later than 90 days before the date it outweighs the public interest in disclo-
mission to the Archivist of copies of the that is 10 years after the date of enactment sure.
Missing Armed Forces Personnel records in of this Act; and (c) EXCEPTION.—Regardless of the age of a
the custody, possession, or control of the (iv) the President transmits to the Archi- Missing Armed Forces Personnel record, dis-
Government office; and vist a certification indicating that continued closure to the public of information in the
(2) not later than 1 year after the date of postponement is necessary and the identifi- Missing Armed Forces Personnel record may
enactment of this Act, complete trans- able harm, as demonstrated by clear and
mission to the Archivist of copies of all Miss- be postponed if—
convincing evidence, is of such gravity that
ing Armed Forces Personnel records in the (1) the public disclosure of the information
it outweighs the public interest in disclosure
possession or control of the Government of- would reveal the name or identity of a living
not later than the date that is 10 years after
fice. person who provided confidential informa-
the date of enactment of this Act.
(d) PERIODIC REVIEW OF POSTPONED MISSING tion to the United States and would pose a
SEC. 1706. GROUNDS FOR POSTPONEMENT OF
ARMED SERVICES PERSONNEL RECORDS.— PUBLIC DISCLOSURE OF RECORDS. substantial risk of harm to that person;
(1) IN GENERAL.—All Missing Armed Forces (a) IN GENERAL.—Disclosure to the public (2) the public disclosure of the information
Personnel records, or information within a of a Missing Armed Forces Personnel record could reasonably be expected to constitute
Missing Armed Forces Personnel record, the or particular information in a Missing an unwarranted invasion of personal privacy,
public disclosure of which has been post- Armed Forces Personnel record created after and that invasion of privacy is so substantial
poned under the standards under this title the date that is 25 years before the date of that it outweighs the public interest;
shall be reviewed by the originating body— the review of the Missing Armed Forces Per- (3) the public disclosure of the information
dlhill on DSK120RN23PROD with SENATE
(A)(i) periodically, but not less than every sonnel record by the Archivist may be post- could reasonably be expected to cause harm
5 years, after the date on which the Review poned subject to the limitations under this to the methods currently in use or available
Board terminates under section 1707(o); and title only— for use by members of the Armed Forces to
(ii) at the direction of the Archivist; and (1) if it pertains to— survive, evade, resist, or escape; or
(B) consistent with the recommendations (A) military plans, weapons systems, or op- (4) the President determines that the
of the Review Board under section erations; record is subject to a valid claim of execu-
1709(b)(3)(B). (B) foreign government information; tive privilege.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3685
SEC. 1707. ESTABLISHMENT AND POWERS OF THE (3) SENATE VOTE.—Not later than 14 days has reason to believe is required to fulfill its
MISSING ARMED FORCES PER- on which the Senate is in session after the functions and responsibilities under this
SONNEL RECORDS REVIEW BOARD.
date on which the Committee on Homeland title;
(a) ESTABLISHMENT.—There is established Security and Governmental Affairs reports (5) hold such hearings, sit and act at such
as an independent establishment in the exec- the results of a vote on a nomination of an times and places, take such testimony, re-
utive branch a board to be known as the individual to serve as a member of the Re- ceive such evidence, and administer such
‘‘Missing Armed Forces Personnel Records view Board, the Senate shall vote on the con- oaths as the Review Board considers advis-
Review Board’’. firmation of the nominee. able to carry out its responsibilities under
(b) MEMBERSHIP.— (e) VACANCY.—Not later than 60 days after this title;
(1) APPOINTMENTS.—The President shall ap- the date on which a vacancy on the Review (6) hold individuals in contempt for failure
point, by and with the advice and consent of Board occurs, the vacancy shall be filled in to comply with directives and mandates
the Senate, 5 individuals to serve as a mem- the same manner as specified for original ap- issued by the Review Board under this title,
ber of the Review Board to ensure and facili- pointment. which shall not include the authority to im-
tate the review, transmission to the Archi- (f) CHAIRPERSON.—The members of the Re- prison or fine any individual;
vist, and public disclosure of Missing Armed view Board shall elect a member as Chair- (7) require any Government office to ac-
Forces Personnel records. person at the initial meeting of the Review count in writing for the destruction of any
(2) QUALIFICATIONS.—The President should Board. records relating to the loss, fate, or status of
appoint individuals to serve as members of (g) REMOVAL OF REVIEW BOARD MEMBER.— Missing Armed Forces Personnel;
the Review Board— (1) IN GENERAL.—A member of the Review (8) receive information from the public re-
(A) without regard to political affiliation; Board shall not be removed from office, garding the identification and public disclo-
(B) who are citizens of the United States of other than— sure of Missing Armed Forces Personnel
integrity and impartiality; (A) by impeachment by Congress; or records; and
(C) who are not an employee of an Execu- (B) by the action of the President. (9) make a final determination regarding
tive agency on the date of the appointment; (2) JUDICIAL REVIEW.— whether a Missing Armed Forces Personnel
(D) who have high national professional (A) IN GENERAL.—A member of the Review record will be disclosed to the public or dis-
reputation in their fields who are capable of Board removed from office may obtain judi- closure of the Missing Armed Forces Per-
exercising the independent and objective cial review of the removal in a civil action sonnel record to the public will be postponed,
judgment necessary to the fulfillment of commenced in the United States District notwithstanding the determination of an Ex-
their role in ensuring and facilitating the Court for the District of Columbia. ecutive agency.
identification, location, review, transmission (B) RELIEF.—The member may be rein-
(k) WITNESS IMMUNITY.—The Review Board
to the Archivist, and public disclosure of stated or granted other appropriate relief by
shall be considered to be an agency of the
Missing Armed Forces Personnel records; order of the court.
United States for purposes of section 6001 of
(E) who possess an appreciation of the (h) COMPENSATION OF MEMBERS.—
(1) BASIC PAY.—A member of the Review title 18, United States Code.
value of Missing Armed Forces Personnel
records to scholars, the Federal Government, Board shall be compensated at a rate equal (l) OVERSIGHT.—
and the public, particularly families of Miss- to the daily equivalent of the annual rate of (1) IN GENERAL.—The Committee on Home-
ing Armed Forces Personnel; basic pay prescribed for level IV of the Exec- land Security and Governmental Affairs of
(F) not less than 1 of whom is a profes- utive Schedule under section 5315 of title 5, the Senate and the Committee on Oversight
sional historian; and United States Code, for each day (including and Reform of the House of Representatives
(G) not less than 1 of whom is an attorney. travel time) during which the member is en- shall have—
(3) DEADLINES.— gaged in the performance of the duties of the (A) continuing oversight jurisdiction with
(A) IN GENERAL.—Not later than 60 days Review Board. respect to the official conduct of the Review
after the date of enactment of this Act, the (2) TRAVEL EXPENSES.—A member of the Board and the disposition of postponed
President should submit nominations for all Review Board shall be allowed reasonable records after termination of the Review
members of the Review Board. travel expenses, including per diem in lieu of Board; and
(B) CONFIRMATION REJECTED.—If the Senate subsistence, at rates for employees of agen- (B) upon request, access to any records
votes not to confirm a nomination to serve cies under subchapter I of chapter 57 of title held or created by the Review Board.
as a member of the Review Board, not later 5, United States Code, while away from the (2) DUTY OF REVIEW BOARD.—The Review
than 90 days after the date of the vote the member’s home or regular place of business Board shall have the duty to cooperate with
President should submit the nomination of in the performance of services for the Review the exercise of oversight jurisdiction under
an additional individual to serve as a mem- Board. paragraph (1).
ber of the Review Board. (i) DUTIES OF THE REVIEW BOARD.— (m) SUPPORT SERVICES.—The Adminis-
(4) CONSULTATION.—The President should (1) IN GENERAL.—The Review Board shall trator of the General Services Administra-
make nominations to the Review Board after consider and render a decision on a deter- tion shall provide administrative services for
considering individuals recommended by the mination by a Government office to seek to the Review Board on a reimbursable basis.
American Historical Association, the Organi- postpone the disclosure of a Missing Armed (n) INTERPRETIVE REGULATIONS.—The Re-
zation of American Historians, the Society Forces Personnel record, in whole or in part. view Board may issue interpretive regula-
of American Archivists, the American Bar (2) RECORDS.—In carrying out paragraph tions.
Association, veterans’ organizations, and or- (1), the Review Board shall consider and (o) TERMINATION AND WINDING UP.—
ganizations representing families of Missing render a decision regarding— (1) IN GENERAL.—Two years after the date
Armed Forces Personnel. (A) whether a record constitutes a Missing of enactment of this Act, the Review Board
(c) SECURITY CLEARANCES.—The appro- Armed Forces Personnel record; and shall, by majority vote, determine whether
priate departments, agencies, and elements (B) whether a Missing Armed Forces Per- all Government offices have complied with
of the executive branch of the Federal Gov- sonnel record, or particular information in a the obligations, mandates, and directives
ernment shall cooperate to ensure that an Missing Armed Forces Personnel record, under this title.
application by an individual nominated to be qualifies for postponement of disclosure (2) TERMINATION DATE.—The Review Board
a member of the Review Board, seeking secu- under this title. shall terminate on the date that is 4 years
rity clearances necessary to carry out the (j) POWERS.—The Review Board shall have after the date of enactment of this Act.
duties of the Review Board, is expeditiously the authority to act in a manner prescribed (3) REPORT.—Before the termination of the
reviewed and granted or denied. under this title, including authority to— Review Board under paragraph (2), the Re-
(d) CONFIRMATION.— (1) direct Government offices to transmit view Board shall submit to Congress reports,
(1) HEARINGS.—Not later than 30 days on to the Archivist Missing Armed Forces Per- including a complete and accurate account-
which the Senate is in session after the date sonnel records as required under this title; ing of expenditures during its existence, and
on which not less than 3 individuals have (2) direct Government offices to transmit shall complete all other reporting require-
been nominated to serve as members of the to the Archivist substitutes and summaries ments under this title.
Review Board, the Committee on Homeland of Missing Armed Forces Personnel records (4) RECORDS.—Upon termination of the Re-
Security and Governmental Affairs of the that can be publicly disclosed to the fullest view Board, the Review Board shall transfer
Senate shall hold confirmation hearings on extent for any Missing Armed Forces Per- records of the Review Board maintained con-
the nominations. sonnel record that is proposed for postpone- sistent with chapter 31 of title 44, United
(2) COMMITTEE VOTE.—Not later than 14 ment; States Code (commonly referred to as the
days on which the Senate is in session after (3) obtain access to Missing Armed Forces ‘‘Federal Records Act of 1950’’), to the Archi-
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the date on which the Committee on Home- Personnel records that have been identified vist for inclusion in the Collection.
land Security and Governmental Affairs by a Government office; SEC. 1708. MISSING ARMED FORCES PERSONNEL
holds a confirmation hearing on the nomina- (4) direct a Government office to make RECORDS REVIEW BOARD PER-
tion of an individual to serve as a member of available to the Review Board, and if nec- SONNEL.
the Review Board, the committee shall vote essary investigate the facts surrounding, ad- (a) EXECUTIVE DIRECTOR.—
on the nomination and report the results to ditional information, records, or testimony (1) IN GENERAL.—Not later than 45 days
the full Senate immediately. from individuals, which the Review Board after the initial meeting of the Review
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S3686 CONGRESSIONAL RECORD — SENATE June 29, 2020
Board, the Review Board shall appoint an in- utive Schedule under section 5316 of title 5, Board shall disclose to the public with notice
dividual to the position of Executive Direc- United States Code. thereof, reasonably calculated to make in-
tor. (d) ADVISORY COMMITTEES.— terested members of the public aware of the
(2) QUALIFICATIONS.—The individual ap- (1) IN GENERAL.—The Review Board may existence of the statement.
pointed as Executive Director of the Review create 1 or more advisory committees to as- (4) ACTIONS AFTER DETERMINATION.—
Board— sist in fulfilling the responsibilities of the (A) IN GENERAL.—Not later than 14 days
(A) shall be a citizen of the United States Review Board under this title. after the date of a determination by the Re-
of integrity and impartiality; (2) APPLICABILITY OF FACA.—Any advisory view Board that a Missing Armed Forces
(B) shall be appointed without regard to committee created by the Review Board Personnel record shall be publicly disclosed
political affiliation; and shall be subject to the Federal Advisory in the Collection or postponed for disclosure
(C) shall not have any conflict of interest Committee Act (5 U.S.C. App.). and held in the protected Collection, the Re-
with the mission of the Review Board. SEC. 1709. REVIEW OF RECORDS BY THE MISSING view Board shall notify the head of the origi-
(3) SECURITY CLEARANCE.— ARMED FORCES PERSONNEL nating body of the determination and high-
RECORDS REVIEW BOARD.
(A) LIMIT ON APPOINTMENT.—The Review light and make available the determination
(a) STARTUP REQUIREMENTS.—The Review
Board shall not appoint an individual as Ex- on a publicly accessible website reasonably
Board shall—
ecutive Director until after the date on calculated to make interested members of
(1) not later than 90 days after the date on
which the individual qualifies for the nec- the public aware of the existence of the de-
which all members are appointed, publish an
essary security clearance. termination.
initial schedule for review of all Missing
(B) EXPEDITED PROVISION.—The appropriate (B) OVERSIGHT NOTICE.—Simultaneous with
Armed Forces Personnel records, which the
departments, agencies, and elements of the notice under subparagraph (A), the Review
Archivist shall highlight and make available
executive branch of the Federal Government Board shall provide notice of a determina-
on a publicly accessible website adminis-
shall cooperate to ensure that an application tion concerning the public disclosure or post-
tered by the National Archives; and
by an individual nominated to be Executive (2) not later than 180 days after the date of ponement of disclosure of a Missing Armed
Director, seeking security clearances nec- enactment of this Act, begin reviewing of Forces Personnel record, or information con-
essary to carry out the duties of the Execu- Missing Armed Forces Personnel records tained within a Missing Armed Forces Per-
tive Director, is expeditiously reviewed and under this title. sonnel record, which shall include a written
granted or denied. (b) DETERMINATION OF THE REVIEW unclassified justification for public disclo-
(4) DUTIES.—The Executive Director shall— BOARD.— sure or postponement of disclosure, includ-
(A) serve as principal liaison to Govern- (1) IN GENERAL.—The Review Board shall ing an explanation of the application of any
ment offices; direct that all records that relate, directly standards in section 1706 to the President, to
(B) be responsible for the administration or indirectly, to the loss, fate, or status of the Committee on Homeland Security and
and coordination of the review of records by Missing Armed Forces Personnel be trans- Governmental Affairs of the Senate, and the
the Review Board; mitted to the Archivist and disclosed to the Committee on Oversight and Reform of the
(C) be responsible for the administration of public in the Collection in the absence of House of Representatives.
all official activities conducted by the Re- clear and convincing evidence that— (5) REFERRAL AFTER TERMINATION.—A Miss-
view Board; and (A) the record is not a Missing Armed ing Armed Forces Personnel record that is
(D) not have the authority to decide or de- Forces Personnel record; or identified, located, or otherwise discovered
termine whether any record should be dis- (B) the Missing Armed Forces Personnel after the date on which the Review Board
closed to the public or postponed for disclo- record, or particular information within the terminates shall be transmitted to the Ar-
sure. Missing Armed Forces Personnel record, chivist for the Collection and referred to the
(5) REMOVAL.—The Executive Director may qualifies for postponement of public disclo- Committee on Armed Services of the Senate
be removed by a majority vote of the Review sure under this title. and the Committee on Armed Services of the
Board. (2) POSTPONEMENT.—In approving postpone- House of Representatives for review, ongoing
(b) STAFF.— ment of public disclosure of a Missing Armed oversight and, as warranted, referral for pos-
(1) IN GENERAL.—The Review Board may, in Forces Personnel record, or information sible enforcement action relating to a viola-
accordance with the civil service laws, but within a Missing Armed Forces Personnel tion of this title and determination as to
without regard to civil service law and regu- record, the Review Board shall seek to— whether declassification of the Missing
lation for competitive service as defined in (A) provide for the disclosure of segregable Armed Forces Personnel is warranted under
subchapter I of chapter 33 of title 5, United parts, substitutes, or summaries of the Miss- this title.
States Code, appoint and terminate addi- ing Armed Forces Personnel record; and (c) NOTICE TO PUBLIC.—Every 30 days, be-
tional employees as are necessary to enable (B) determine, in consultation with the ginning on the date that is 60 days after the
the Review Board and the Executive Director originating body and consistent with the date on which the Review Board first ap-
to perform their duties under this title. standards for postponement under this title, proves the postponement of disclosure of a
(2) QUALIFICATIONS.—An individual ap- which of the following alternative forms of Missing Armed Forces Personnel record, the
pointed to a position as an employee of the disclosure shall be made by the originating Review Board shall highlight and make ac-
Review Board— body: cessible on a publicly available website rea-
(A) shall be a citizen of the United States (i) Any reasonably segregable particular sonably calculated to make interested mem-
of integrity and impartiality; and information in a Missing Armed Forces Per-
(B) shall not have had any previous in- bers of the public aware of the existence of
sonnel record.
volvement with any official investigation or the postponement a notice that summarizes
(ii) A substitute record for that informa-
inquiry relating to the loss, fate, or status of the postponements approved by the Review
tion which is postponed.
Missing Armed Forces Personnel. Board, including a description of the subject,
(iii) A summary of a Missing Armed Forces
(3) SECURITY CLEARANCE.— originating body, length or other physical
Personnel record.
(A) LIMIT ON APPOINTMENT.—The Review (3) REPORTING.—With respect to a Missing description, and each ground for postpone-
Board shall not appoint an individual as an Armed Forces Personnel record, or informa- ment that is relied upon.
employee of the Review Board until after the tion within a Missing Armed Forces Per- (d) REPORTS BY THE REVIEW BOARD.—
date on which the individual qualifies for the sonnel record, the public disclosure of which (1) IN GENERAL.—Not later than 1 year after
necessary security clearance. is postponed under this title, or for which the date of enactment of this Act, and every
(B) EXPEDITED PROVISION.—The appropriate only substitutions or summaries have been year thereafter until the Review Board ter-
departments, agencies, and elements of the disclosed to the public, the Review Board minates, the Review Board shall submit a re-
executive branch of the Federal Government shall create and transmit to the Archivist an port regarding the activities of the Review
shall cooperate to ensure that an application unclassified and publicly releasable report Board to—
by an individual who is a candidate for a po- containing— (A) the Committee on Oversight and Re-
sition with the Review Board, seeking secu- (A) a description of actions by the Review form of the House of Representatives;
rity clearances necessary to carry out the Board, the originating body, or any Govern- (B) the Committee on Homeland Security
duties of the position, is expeditiously re- ment office (including a justification of any and Governmental Affairs of the Senate;
viewed and granted or denied. such action to postpone disclosure of any (C) the President;
(c) COMPENSATION.—The Review Board record or part of any record) and of any offi- (D) the Archivist; and
shall fix the compensation of the Executive cial proceedings conducted by the Review (E) the head of any Government office the
Director and other employees of the Review Board; and records of which have been the subject of Re-
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Board without regard to chapter 51 and sub- (B) a statement, based on a review of the view Board activity.
chapter III of chapter 53 of title 5, United proceedings and in conformity with the deci- (2) CONTENTS.—Each report under para-
States Code, relating to classification of po- sions reflected therein, designating a rec- graph (1) should include the following infor-
sitions and General Schedule pay rates, ex- ommended specified time at which, or a spec- mation:
cept that the rate of pay for the Executive ified occurrence following which, the mate- (A) A financial report of the expenses for
Director and other employees may not ex- rial may be appropriately disclosed to the all official activities and requirements of the
ceed the rate payable for level V of the Exec- public under this title, which the Review Review Board and its employees.
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3687
(B) The progress made on review, trans- section 6103 of the Internal Revenue Code of propriations for fiscal year 2021 for
mission to the Archivist, and public disclo- 1986), judicial decision construing such law, military activities of the Department
sure of Missing Armed Forces Personnel or common law doctrine that would other- of Defense, for military construction,
records. wise prohibit such transmission or disclo-
and for defense activities of the De-
(C) The estimated time and volume of sure, with the exception of deeds governing
Missing Armed Forces Personnel records in- access to or transfer or release of gifts and partment of Energy, to prescribe mili-
volved in the completion of the duties of the donations of records to the United States tary personnel strengths for such fiscal
Review Board under this title. Government. year, and for other purposes; which was
(D) Any special problems, including re- (b) FREEDOM OF INFORMATION ACT.—Noth- ordered to lie on the table; as follows:
quests and the level of cooperation of Gov- ing in this title shall be construed to elimi- At the appropriate place in subtitle E of
ernment offices, with regard to the ability of nate or limit any right to file requests with title VIII, insert the following:
the Review Board to carry out its duties any Executive agency or seek judicial review SEC. ll. FEDERAL AND STATE TECHNOLOGY
under this title. of the decisions under section 552 of title 5, PARTNERSHIP PROGRAM.
(E) A record of review activities, including United States Code. Section 34 of the Small Business Act (15
a record of postponement decisions by the (c) JUDICIAL REVIEW.—Nothing in this title U.S.C. 657d) is amended—
Review Board or other related actions au- shall be construed to preclude judicial re- (1) in subsection (a), by adding at the end
thorized under this title, and a record of the view under chapter 7 of title 5, United States the following:
volume of records reviewed and postponed. Code, of final actions taken or required to be ‘‘(11) SMALL BUSINESS CONCERN OWNED AND
(F) Suggestions and requests to Congress taken under this title. CONTROLLED BY SOCIALLY ECONOMICALLY DIS-
for additional legislative authority needs. (d) EXISTING AUTHORITY.—Nothing in this ADVANTAGED INDIVIDUALS.—The term ‘small
(G) An appendix containing copies of re- title revokes or limits the existing authority business concern owned and controlled by so-
ports relating to postponed records sub- of the President, any Executive agency, the cially and economically disadvantaged indi-
mitted to the Archivist under subsection Senate, or the House of Representatives, or viduals’ has the meaning given the term in
(b)(3) since the end of the period covered by any other entity of the Government to pub- section 8(d)(3)(C).
the most recent report under paragraph (1). licly disclose records in its custody, posses- ‘‘(12) UNDERPERFORMING STATE.—The term
(3) TERMINATION NOTICE.—Not later than 90 sion, or control. ‘underperforming State’ means a State par-
days before the Review Board expects to (e) RULES OF THE SENATE AND HOUSE OF ticipating in the SBIR or STTR program
complete the work of the Review Board REPRESENTATIVES.—To the extent that any that has been calculated by the Adminis-
under this title, the Review Board shall pro- provision of this title establishes a procedure trator to be one of 18 States receiving the
vide written notice to Congress of the intent to be followed in the Senate or the House of fewest SBIR and STTR Phase I awards.’’;
of the Review Board to terminate operations Representatives, such provision is adopted— (2) in subsection (c)—
at a specified date. (1) as an exercise of the rulemaking power (A) in paragraph (1)—
SEC. 1710. DISCLOSURE OF OTHER MATERIALS of the Senate and House of Representatives, (i) in subparagraph (E)—
AND ADDITIONAL STUDY. respectively, and is deemed to be part of the (I) in clause (iii), by striking ‘‘and’’ at the
(a) MATERIALS UNDER SEAL OF COURT.— rules of each House, respectively, but appli- end;
(1) IN GENERAL.—The Review Board may re- cable only with respect to the procedure to (II) in clause (iv), by striking the period at
quest the Attorney General to petition any be followed in that House, and it supersedes the end and inserting ‘‘; and’’; and
court of the United States or of a foreign other rules only to the extent that it is in- (III) by adding at the end the following:
country to release any information relevant consistent with such rules; and ‘‘(v) to prioritize applicants located in an
to the loss, fate, or status of Missing Armed (2) with full recognition of the constitu- underperforming State.’’;
Forces Personnel that is held under seal of tional right of either House to change the (B) in paragraph (2)—
the court. rules (so far as they relate to the procedure (i) in subparagraph (B)(vi)—
(2) GRAND JURY INFORMATION.— of that House) at any time, in the same man- (I) in clause (II), by striking ‘‘and’’ at the
(A) IN GENERAL.—The Review Board may ner, and to the same extent as in the case of end; and
request the Attorney General to petition any any other rule of that House. (II) by adding at the end the following:
court of the United States to release any in- SEC. 1712. TERMINATION OF EFFECT OF TITLE. ‘‘(IV) located in an underperforming State;
formation relevant to loss, fate, or status of (a) PROVISIONS PERTAINING TO THE REVIEW and’’;
Missing Armed Forces Personnel that is held BOARD.—The provisions of this title that per- (ii) in subparagraph (C), by striking the pe-
under the injunction of secrecy of a grand tain to the appointment and operation of the riod at the end and inserting ‘‘; and’’; and
jury. Review Board shall cease to be effective (iii) by adding at the end the following:
(B) TREATMENT.—A request for disclosure when the Review Board and the terms of its ‘‘(D) shall give first priority and special
of Missing Armed Forces Personnel mate- members have terminated under section consideration to an applicant that—
rials under this title shall be deemed to con- 1707(o). ‘‘(i) is located in an underperforming
stitute a showing of particularized need (b) OTHER PROVISIONS.—The remaining pro- State; or
under rule 6 of the Federal Rules of Criminal visions of this title shall continue in effect ‘‘(ii) serves small business concerns owned
Procedure. until such time as the Archivist certifies to and controlled by—
(b) SENSE OF CONGRESS.—It is the sense of the President and Congress that all Missing ‘‘(I) women;
Congress that— Armed Forces Personnel records have been ‘‘(II) socially and economically disadvan-
(1) the Attorney General should assist the made available to the public in accordance taged individuals; or
Review Board in good faith to unseal any with this title. ‘‘(III) veterans.’’;
records that the Review Board determines to SEC. 1713. AUTHORIZATION OF APPROPRIATIONS. (C) in paragraph (3), by striking ‘‘Not more
be relevant and held under seal by a court or (a) IN GENERAL.—There are authorized to than one proposal’’ and inserting ‘‘There is
under the injunction of secrecy of a grand be appropriated such sums as are necessary no limit on the number of proposals that’’;
jury; to carry out this title, including such sums and
(2) the Secretary of State should— as are necessary for the Archivist to imple- (D) by adding at the end the following:
(A) contact the Governments of the Rus- ment the requirements of this Act, to remain ‘‘(6) ADDITIONAL ASSISTANCE FOR UNDERPER-
sian Federation, the People’s Republic of available until expended. FORMING STATES.—Upon application by a re-
China, and the Democratic People’s Republic (b) INTERIM FUNDING.—Until such time as cipient that is located in an underperforming
of Korea to seek the disclosure of all records funds are appropriated pursuant to sub- State, the Administrator may—
in their respective custody, possession, or section (a), the President may use such sums ‘‘(A) provide additional assistance to the
control relevant to the loss, fate, or status of as are available for discretionary use to recipient; and
Missing Armed Forces Personnel; and carry out this title. ‘‘(B) waive the matching requirements
(B) contact any other foreign government under subsection (e)(2).’’;
SEC. 1714. SEVERABILITY.
that may hold information relevant to the (3) in subsection (e)—
loss, fate, or status of Missing Armed Forces If any provision of this title, or the appli-
(A) in paragraph (2)—
Personnel, and seek disclosure of such infor- cation thereof to any person or cir-
(i) in subparagraph (A)—
mation; and cumstance, is held invalid, the remainder of
(I) by inserting ‘‘and STTR’’ before ‘‘first
(3) all agencies should cooperate in full this title and the application of that provi-
phase’’ each place that term appears;
with the Review Board to seek the disclosure sion to other persons not similarly situated
(II) in clause (i), by striking ‘‘50’’ and in-
of all information relevant to the loss, fate, or to other circumstances shall not be af-
serting ‘‘25’’;
fected by the invalidation.
dlhill on DSK120RN23PROD with SENATE
or status of Missing Armed Forces Personnel (III) in clause (ii), by striking ‘‘1 dollar’’
consistent with the public interest. and inserting ‘‘75 cents’’; and
SEC. 1711. RULES OF CONSTRUCTION.
SA 2230. Mr. RISCH (for himself, Ms.
(IV) in clause (iii), by striking ‘‘75’’ and in-
(a) PRECEDENCE OVER OTHER LAW.—When CORTEZ MASTO, Mr. KENNEDY, Ms. serting ‘‘50’’;
this title requires transmission of a record to ROSEN, and Mrs. CAPITO) submitted an (ii) in subparagraph (D), by striking ‘‘, be-
the Archivist or public disclosure, it shall amendment intended to be proposed by ginning with fiscal year 2001’’ and inserting
take precedence over any other law (except him to the bill S. 4049, to authorize ap- ‘‘and make publicly available on the website
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S3688 CONGRESSIONAL RECORD — SENATE June 29, 2020
of the Administration, beginning with fiscal through 2025, to be obligated before the end and departments as appropriate and shall
year 2021’’; and of the second fiscal year’’. specifically consider seeking representation
(iii) by adding at the end the following: from—
‘‘(E) PAYMENT.—The non-Federal share of SA 2231. Mrs. FISCHER (for herself, (A) the Department of Commerce, includ-
the cost of an activity carried out by a re- Mr. SCHATZ, Mr. GARDNER, and Mr. ing—
cipient may be paid by the recipient over the BOOKER) submitted an amendment in- (i) the National Telecommunications and
course of the period of the award or coopera- tended to be proposed by her to the bill Information Administration;
tive agreement.’’; and S. 4049, to authorize appropriations for (ii) the National Institute of Standards and
(B) by adding at the end the following: Technology; and
fiscal year 2021 for military activities
‘‘(4) AMOUNT OF AWARD.—In carrying out (iii) the National Oceanic and Atmospheric
the FAST program under this section— of the Department of Defense, for mili- Administration;
‘‘(A) the Administrator shall make and tary construction, and for defense ac- (B) the Department of Transportation;
enter into not less than 12 awards or cooper- tivities of the Department of Energy, (C) the Department of Homeland Security;
ative agreements; to prescribe military personnel (D) the Office of Management and Budget;
‘‘(B) each award or cooperative agreement strengths for such fiscal year, and for (E) the National Science Foundation;
described in subparagraph (A) shall be for other purposes; which was ordered to (F) the Commission;
not more than $500,000, which shall be pro- lie on the table; as follows: (G) the Federal Trade Commission;
vided over 2 fiscal years; and (H) the Office of Science and Technology
At the appropriate place, insert the fol-
‘‘(C) any amounts left unused in the third Policy;
lowing:
quarter of the second fiscal year may be re- (I) the Department of Energy; and
SEC. lll. INTERNET OF THINGS.
tained by the Administrator for future FAST (J) the Federal Energy Regulatory Com-
program awards. (a) DEFINITIONS.—In this section: mission.
‘‘(5) REPORTING.—Not later than 6 months (1) COMMISSION.—The term ‘‘Commission’’ (4) NONGOVERNMENTAL STAKEHOLDERS.—The
after receiving an award or entering into a means the Federal Communications Com- working group shall consult with nongovern-
cooperative agreement under this section, a mission. mental stakeholders with expertise relating
recipient shall report to the Administrator— (2) SECRETARY.—The term ‘‘Secretary’’ to the Internet of Things, including—
‘‘(A) the number of awards made under the means the Secretary of Commerce. (A) the steering committee;
SBIR or STTR program; (3) STEERING COMMITTEE.—The term ‘‘steer- (B) information and communications tech-
‘‘(B) the number of applications submitted ing committee’’ means the steering com- nology manufacturers, suppliers, service pro-
for the SBIR or STTR program; mittee established under subsection viders, and vendors;
‘‘(C) the number of consulting hours spent; (b)(5)(A). (C) subject matter experts representing in-
‘‘(D) the number of training events con- (4) WORKING GROUP.—The term ‘‘working dustrial sectors other than the technology
ducted; and group’’ means the working group convened sector that can benefit from the Internet of
‘‘(E) any issues encountered in the man- under subsection (b)(1). Things, including the transportation, en-
agement and application of the FAST pro- (b) FEDERAL WORKING GROUP.— ergy, agriculture, and health care sectors;
gram.’’; (1) IN GENERAL.—The Secretary shall con- (D) small, medium, and large businesses;
(4) in subsection (f)— vene a working group of Federal stake- (E) think tanks and academia;
(A) in paragraph (1)— holders for the purpose of providing rec- (F) nonprofit organizations and consumer
(i) in the matter preceding subparagraph ommendations and a report to Congress re- groups;
(A)— lating to the aspects of the Internet of (G) security experts;
(I) by striking ‘‘Not later than 120 days Things described in paragraph (2). (H) rural stakeholders; and
after the date of the enactment of the Small (2) DUTIES.—The working group shall— (I) other stakeholders with relevant exper-
Business Innovation Research Program Re- (A) identify any Federal regulations, stat- tise, as determined by the Secretary.
authorization Act of 2000’’ and inserting ‘‘De- utes, grant practices, budgetary or jurisdic- (5) STEERING COMMITTEE.—
cember 31, 2020’’; and tional challenges, and other sector-specific (A) ESTABLISHMENT.—There is established
(II) by inserting ‘‘and Entrepreneurship’’ policies that are inhibiting, or could inhibit, within the Department of Commerce a steer-
before ‘‘of the Senate’’; the development or deployment of the Inter- ing committee to advise the working group.
(ii) in subparagraph (B), by striking ‘‘and’’ net of Things; (B) DUTIES.—The steering committee shall
at the end; (B) consider policies or programs that en- advise the working group with respect to—
(iii) in subparagraph (C), by striking the courage and improve coordination among (i) the identification of any Federal regula-
period at the end and inserting ‘‘; and’’; and Federal agencies that have responsibilities tions, statutes, grant practices, programs,
(iv) by adding at the end the following: that are relevant to the objectives of this budgetary or jurisdictional challenges, and
‘‘(D) a description of the process used to section; other sector-specific policies that are inhib-
ensure that underperforming States and ap- (C) consider any findings or recommenda- iting, or could inhibit, the development of
plicants that serve small business concerns tions made by the steering committee and, the Internet of Things;
owned and controlled by women, socially and where appropriate, act to implement those (ii) situations in which the use of the
economically disadvantaged individuals, or recommendations; Internet of Things is likely to deliver signifi-
veterans are given priority application sta- (D) examine— cant and scalable economic and societal ben-
tus under the FAST program.’’; and (i) how Federal agencies can benefit from efits to the United States, including benefits
(B) in paragraph (2)— utilizing the Internet of Things; from or to—
(i) in the paragraph heading, by striking (ii) the use of Internet of Things tech- (I) smart traffic and transit technologies;
‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; nology by Federal agencies as of the date on (II) augmented logistics and supply chains;
(ii) in the matter preceding subparagraph which the working group performs the exam- (III) sustainable infrastructure;
(A), by striking ‘‘annual’’ and inserting ‘‘bi- ination; (IV) precision agriculture;
ennial’’; (iii) the preparedness and ability of Fed- (V) environmental monitoring;
(iii) in subparagraph (B), by striking ‘‘and’’ eral agencies to adopt Internet of Things (VI) public safety; and
at the end; technology as of the date on which the work- (VII) health care;
(iv) in subparagraph (C), by striking the ing group performs the examination and in (iii) whether adequate spectrum is avail-
period at the end and inserting a semicolon; the future; and able to support the growing Internet of
and (iv) any additional security measures that Things and what legal or regulatory barriers
(v) by adding at the end the following: Federal agencies may need to take to— may exist to providing any spectrum needed
‘‘(D) the proportion of awards provided to (I) safely and securely use the Internet of in the future;
and cooperative agreements entered into Things, including measures that ensure the (iv) policies, programs, or multi-stake-
with underperforming States; and security of critical infrastructure; and holder activities that—
‘‘(E) a list of the States that were deter- (II) enhance the resiliency of Federal sys- (I) promote or are related to the privacy of
mined by the Administrator to be underper- tems against cyber threats to the Internet of individuals who use or are affected by the
forming States, and a description of any Things; and Internet of Things;
changes in the list compared to previously (E) in carrying out the examinations re- (II) may enhance the security of the Inter-
submitted reports.’’; quired under subclauses (I) and (II) of sub- net of Things, including the security of crit-
(5) in subsection (g)(2)— paragraph (D)(iv), ensure to the maximum ical infrastructure;
(A) by striking ‘‘2004’’ and inserting ‘‘2021’’; extent possible the coordination of the cur- (III) may protect users of the Internet of
dlhill on DSK120RN23PROD with SENATE
and rent and future activities of the Federal Gov- Things; and
(B) by inserting ‘‘and Entrepreneurship’’ ernment relating to security with respect to (IV) may encourage coordination among
before ‘‘of the Senate’’; and the Internet of Things. Federal agencies with jurisdiction over the
(6) in subsection (h)(1), by striking (3) AGENCY REPRESENTATIVES.—In con- Internet of Things;
‘‘$10,000,000 for each of fiscal years 2001 vening the working group under paragraph (v) the opportunities and challenges associ-
through 2005’’ and inserting ‘‘$20,000,000 for (1), the Secretary shall have discretion to ap- ated with the use of Internet of Things tech-
every 2 fiscal years between fiscal years 2021 point representatives from Federal agencies nology by small businesses; and
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3689
(vi) any international proceeding, inter- shall issue a notice of inquiry seeking public (2) by inserting before paragraph (2), as so
national negotiation, or other international comment on the current, as of the date of en- redesignated, the following:
matter affecting the Internet of Things to actment of this Act, and future spectrum ‘‘(1) DEFINITIONS.—For purposes of this sub-
which the United States is or should be a needs to enable better connectivity relating section—
party. to the Internet of Things. ‘‘(A) the term ‘Federal financial assist-
(C) MEMBERSHIP.—The Secretary shall ap- (2) REQUIREMENTS.—In issuing the notice of ance’ has the meaning given that term under
point to the steering committee members inquiry under paragraph (1), the Commission section 7501;
representing a wide range of stakeholders shall seek comments that consider and ‘‘(B) the term ‘open Government data
outside of the Federal Government with ex- evaluate— asset’ has the meaning given that term
pertise relating to the Internet of Things, in- (A) whether adequate spectrum is avail- under section 3502 of title 44;
cluding— able, or is planned for allocation, for com- ‘‘(C) the term ‘program’ means a single
(i) information and communications tech- mercial wireless services that could support program activity or an organized set of ag-
nology manufacturers, suppliers, service pro- the growing Internet of Things; gregated, disaggregated, or consolidated pro-
viders, and vendors; (B) if adequate spectrum is not available gram activities by one or more agencies di-
(ii) subject matter experts representing in- for the purposes described in subparagraph rected toward a common purpose or goal;
dustrial sectors other than the technology (A), how to ensure that adequate spectrum is
sector that can benefit from the Internet of and
available for increased demand with respect ‘‘(D) the term ‘program activity’ has the
Things, including the transportation, en- to the Internet of Things;
ergy, agriculture, and health care sectors; meaning given that term in section 1115(h).’’;
(C) what regulatory barriers may exist to (3) in paragraph (2), as so redesignated—
(iii) small, medium, and large businesses; providing any needed spectrum that would
(iv) think tanks and academia; (A) by striking ‘‘IN GENERAL.—Not later
support uses relating to the Internet of than October 1, 2012, the Office of Manage-
(v) nonprofit organizations and consumer Things; and
groups; ment and Budget shall’’ and inserting
(D) what the role of unlicensed and li-
(vi) security experts; ‘‘WEBSITE AND PROGRAM INVENTORY.—The Di-
censed spectrum is and will be in the growth
(vii) rural stakeholders; and rector of the Office of Management and
of the Internet of Things.
(viii) other stakeholders with relevant ex- Budget shall’’;
(3) REPORT.—Not later than 1 year after
pertise, as determined by the Secretary. (B) in subparagraph (A), by inserting ‘‘that
the date of enactment of this Act, the Com-
(D) REPORT.—Not later than 1 year after includes the information required under sub-
mission shall submit to the Committee on
the date of enactment of this Act, the steer- sections (b) and (c)’’ after ‘‘a single website’’;
Commerce, Science, and Transportation of
ing committee shall submit to the working and
the Senate and the Committee on Energy
group a report that includes any findings or (C) by striking subparagraphs (B) and (C)
and Commerce of the House of Representa-
recommendations of the steering committee. and inserting the following:
tives a report summarizing the comments
(E) INDEPENDENT ADVICE.— submitted in response to the notice of in- ‘‘(B) include on the website described in
(i) IN GENERAL.—The steering committee quiry issued under paragraph (1). subparagraph (A), or another appropriate
shall set the agenda of the steering com- Federal Government website where related
mittee in carrying out the duties of the SA 2232. Ms. MCSALLY (for herself, information is made available, as determined
steering committee under subparagraph (B). by the Director—
(ii) SUGGESTIONS.—The working group may Mr. CORNYN, and Mr. CASSIDY) sub-
‘‘(i) a program inventory that shall iden-
suggest topics or items for the steering com- mitted an amendment intended to be tify each program; and
mittee to study, and the steering committee proposed by her to the bill S. 4049, to ‘‘(ii) for each program identified in the pro-
shall take those suggestions into consider- authorize appropriations for fiscal year gram inventory, the information required
ation in carrying out the duties of the steer- 2021 for military activities of the De- under paragraph (3);
ing committee. partment of Defense, for military con- ‘‘(C) make the information in the program
(iii) REPORT.—The steering committee struction, and for defense activities of inventory required under subparagraph (B)
shall ensure that the report submitted under available as an open Government data asset;
subparagraph (D) is the result of the inde-
the Department of Energy, to prescribe
military personnel strengths for such and
pendent judgment of the steering committee. ‘‘(D) at a minimum—
(F) NO COMPENSATION FOR MEMBERS.—A fiscal year, and for other purposes;
‘‘(i) update the information required to be
member of the steering committee shall which was ordered to lie on the table; included on the single website under sub-
serve without compensation. as follows: paragraph (A) on a quarterly basis; and
(G) TERMINATION.—The steering committee At the end of title X of division A, add the ‘‘(ii) update the program inventory re-
shall terminate on the date on which the following: quired under subparagraph (B) on an annual
working group submits the report under
SEC. 1085. LIMITATION ON CERTAIN ROLLING basis.’’;
paragraph (6). STOCK PROCUREMENTS. (4) in paragraph (3), as so redesignated—
(6) REPORT TO CONGRESS.—
Section 5323(u)(5) of title 49, United States (A) in the matter preceding subparagraph
(A) IN GENERAL.—Not later than 18 months
Code, is amended— (A), by striking ‘‘described under paragraph
after the date of enactment of this Act, the
(1) by striking ‘‘(A) PARTIES TO EXECUTED (1) shall include’’ and inserting ‘‘identified in
working group shall submit to Congress a re-
CONTRACTS.—’’; and the program inventory required under para-
port that includes—
(2) by striking subparagraphs (B) and (C). graph (2)(B) shall include’’;
(i) the findings and recommendations of
(B) in subparagraph (B), by striking ‘‘and’’
the working group with respect to the duties
SA 2233. Mr. LANKFORD (for him- at the end;
of the working group under paragraph (2);
(ii) the report submitted by the steering self, Mr. ENZI, Ms. HASSAN, and Ms. (C) in subparagraph (C), by striking the pe-
committee under paragraph (5)(D), as the re- SINEMA) submitted an amendment in- riod at the end and inserting ‘‘and,’’; and
port was received by the working group; tended to be proposed by him to the (D) by adding at the end the following:
(iii) recommendations for action or reasons bill S. 4049, to authorize appropriations ‘‘(D) for each program activity that is part
for inaction, as applicable, with respect to of a program—
for fiscal year 2021 for military activi-
each recommendation made by the steering ‘‘(i) a description of the purposes of the
ties of the Department of Defense, for program activity and the contribution of the
committee in the report submitted under military construction, and for defense
paragraph (5)(D); and program activity to the mission and goals of
activities of the Department of Energy, the agency;
(iv) an accounting of any progress made by
Federal agencies to implement recommenda- to prescribe military personnel ‘‘(ii) a consolidated view for the current
tions made by the working group or the strengths for such fiscal year, and for fiscal year and each of the 2 fiscal years be-
steering committee. other purposes; which was ordered to fore the current fiscal year of—
(B) COPY OF REPORT.—The working group lie on the table; as follows: ‘‘(I) the amount appropriated;
shall submit a copy of the report described in ‘‘(II) the amount obligated; and
At the appropriate place, insert the fol-
subparagraph (A) to— ‘‘(III) the amount outlayed;
lowing:
(i) the Committee on Commerce, Science, ‘‘(iii) to the extent practicable and per-
TITLE ll—TAXPAYERS RIGHT-TO-KNOW mitted by law, links to any related evalua-
and Transportation and the Committee on
Energy and Natural Resources of the Senate; SEC. ll01. SHORT TITLE. tion, assessment, or program performance
(ii) the Committee on Energy and Com- This title may be cited as the ‘‘Taxpayers review by the agency, an inspector general,
dlhill on DSK120RN23PROD with SENATE
merce of the House of Representatives; and Right-To-Know Act’’. or the Government Accountability Office (in-
(iii) any other committee of Congress, SEC. ll02. INVENTORY OF GOVERNMENT PRO- cluding program performance reports re-
upon request to the working group. GRAMS. quired under section 1116), and other related
(c) ASSESSING SPECTRUM NEEDS.— Section 1122(a) of title 31, United States evidence assembled in response to implemen-
(1) IN GENERAL.—The Commission, in con- Code, is amended— tation of the Foundations for Evidence-
sultation with the National Telecommuni- (1) by redesignating paragraphs (1) and (2) Based Policymaking Act of 2018 (Public Law
cations and Information Administration, as paragraphs (2) and (3), respectively; 115–435; 132 Stat. 5529);
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S3690 CONGRESSIONAL RECORD — SENATE June 29, 2020
‘‘(iv) an identification of the statutes that will leverage existing data sources while (4) include the recommendations of the
authorize the program activity or the au- avoiding duplicative or overlapping informa- Comptroller General, if any, for improving
thority under which the program activity tion in presenting information relating to implementation of this title and the amend-
was created or operates; program activities and programs; ments made by this title.
‘‘(v) an identification of any major regula- (B) indicates how any gaps in data will be SEC. ll04. TECHNICAL AND CONFORMING
tions specific to the program activity; assessed and addressed; AMENDMENTS.
‘‘(vi) any other information that the Direc- (C) indicates how the Director will display (a) IN GENERAL.—Section 1122 of title 31,
tor of the Office of Management and Budget such data; and United States Code, is amended—
determines relevant relating to program ac- (D) discusses how the Director will expand (1) in subsection (b), in the matter pre-
tivity data in priority areas most relevant to the information collected with respect to ceding paragraph (1), by inserting ‘‘described
Congress or the public to increase trans- program activities to incorporate the infor- in subsection (a)(2)(A)’’ after ‘‘the website’’
parency and accountability; and mation required under the amendments each place it appears;
‘‘(vii) for each assistance listing under made by section ll02; (2) in subsection (c), in the matter pre-
which Federal financial assistance is pro- (2) sets forth details regarding a pilot pro- ceding paragraph (1), by inserting ‘‘described
vided, for the current fiscal year and each of gram, developed in accordance with best in subsection (a)(2)(A)’’ after ‘‘the website’’;
the 2 fiscal years before the current fiscal practices for effective pilot programs— and
year and consistent with existing law relat- (A) to develop and implement a functional (3) in subsection (d)—
ing to the protection of personally identifi- program inventory that could be limited in (A) in the subsection heading, by striking
able information— scope; and ‘‘ON WEBSITE’’; and
‘‘(I) a linkage to the relevant program ac- (B) under which the information required (B) in the first sentence, by striking ‘‘on
tivities that fund Federal financial assist- under the amendments made by section the website’’.
ance by assistance listing; ll02 with respect to program activities
‘‘(II) information on the population in- (b) OTHER AMENDMENTS.—
shall be made available on the website re- (1) Section 1115(a) of title 31, United States
tended to be served by the assistance listing quired under section 1122(a) of title 31,
based on the language of the solicitation, as Code, is amended in the matter preceding
United States Code; paragraph (1) by striking ‘‘the website pro-
required under section 6102; (3) establishes an implementation timeline
‘‘(III) to the extent practicable and based vided under’’ and inserting ‘‘a website de-
for— scribed in’’.
on data reported to the agency providing the (A) gathering and building program activ-
Federal financial assistance, the results of (2) Section 10 of the GPRA Modernization
ity information; Act of 2010 (31 U.S.C. 1115 note) is amended—
the Federal financial assistance awards pro- (B) developing and implementing the pilot
vided by the assistance listing; (A) in subsection (a)(3), by striking ‘‘the
program; website described under’’ and inserting ‘‘a
‘‘(IV) to the extent practicable, the per- (C) seeking and responding to stakeholder
centage of the amount appropriated for the website described in’’; and
comments; (B) in subsection (b)—
assistance listing that is used for manage- (D) developing and presenting findings
ment and administration; (i) in paragraph (1), by striking ‘‘the
from the pilot program to the appropriate website described under’’ and inserting ‘‘a
‘‘(V) the identification of each award of congressional committees;
Federal financial assistance and, to the ex- website described in’’; and
(E) notifying the appropriate congressional (ii) in paragraph (3), by striking ‘‘the
tent practicable, the name of each direct or committees regarding how program activi-
indirect recipient of the award; and website as required under’’ and inserting ‘‘a
ties will be aggregated, disaggregated, or website described in’’.
‘‘(VI) any information relating to the consolidated as part of identifying programs;
award of Federal financial assistance that is (3) Section 1120(a)(5) of title 31, United
and States Code, is amended by striking ‘‘the
required to be included on the website estab- (F) implementing a Governmentwide pro-
lished under section 2(b) of the Federal website described under’’ and inserting ‘‘a
gram inventory through an iterative ap- website described in’’.
Funding Accountability and Transparency proach; and
Act of 2006 (31 U.S.C. 6101 note).’’; and (4) Section 1126(b)(2)(E) of title 31, United
(4) includes recommendations, if any, to States Code, is amended by striking ‘‘the
(5) by adding at the end the following: reconcile the conflicting definitions of the
‘‘(4) ARCHIVING.—The Director of the Office website of the Office of Management and
term ‘‘program’’ in relevant Federal stat- Budget pursuant to’’ and inserting ‘‘a
of Management and Budget shall— utes, as it relates to the purpose of this title.
‘‘(A) archive and preserve the information website described in’’.
(c) IMPLEMENTATION.— (5) Section 3512(a)(1) of title 31, United
included in the program inventory required
(1) IN GENERAL.—Not later than 3 years States Code, is amended by striking ‘‘the
under paragraph (2)(B) after the end of the
after the date of enactment of this Act, the website described under’’ and inserting ‘‘a
period during which such information is
Director shall make available online all in- website described in’’.
made available under paragraph (3); and
formation required under the amendments
‘‘(B) make information archived in accord-
made by section ll02 with respect to all SA 2234. Mr. ROUNDS submitted an
ance with subparagraph (A) publicly avail-
programs.
able as an open Government data asset.’’. amendment intended to be proposed by
(2) EXTENSIONS.—The Director may, based
SEC. ll03. GUIDANCE, IMPLEMENTATION, RE- him to the bill S. 4049, to authorize ap-
PORTING, AND REVIEW. on an analysis of the costs of implementa-
tion, and after submitting to the appropriate propriations for fiscal year 2021 for
(a) DEFINITIONS.—In this section—
congressional committees a notification of military activities of the Department
(1) the term ‘‘appropriate congressional
committees’’ means the Committee on Over- the action by the Director, extend the dead- of Defense, for military construction,
sight and Reform of the House of Represent- line for implementation under paragraph (1) and for defense activities of the De-
atives and the Committee on Homeland Se- by not more than a total of 1 year. partment of Energy, to prescribe mili-
curity and Governmental Affairs of the Sen- (d) REPORTING.—Not later than 2 years tary personnel strengths for such fiscal
ate; after the date on which the Director makes year, and for other purposes; which was
(2) the term ‘‘Director’’ means the Director available online all information required
ordered to lie on the table; as follows:
of the Office of Management and Budget; under the amendments made by section
(3) the term ‘‘program’’ has the meaning ll02 with respect to all programs, the At the end of subtitle D of title XII, add
Comptroller General of the United States the following:
given that term in section 1122(a)(1) of title
31, United States Code, as amended by sec- shall submit to the appropriate congres- SEC. 1242. FEASIBILITY STUDY ON INCREASED
sional committees a report regarding the im- ROTATIONAL DEPLOYMENTS TO
tion ll02 of this title;
plementation of this title and the amend- GREECE.
(4) the term ‘‘program activity’’ has the
meaning given that term in section 1115(h) of ments made by this title, which shall— (a) IN GENERAL.—The Secretary of Defense
title 31, United States Code; and (1) review how the Director and agencies shall conduct a study on the feasibility of in-
(5) the term ‘‘Secretary’’ means the Sec- determined how to aggregate, disaggregate, creased rotational deployments of members
retary of the Treasury. or consolidate program activities to provide of the Armed Forces to Greece, including to
(b) PLAN FOR IMPLEMENTATION AND RECON- the most useful information for an inventory Souda Bay, Alexandroupoli, Larissa, Volos,
CILING PROGRAM DEFINITIONS.—Not later of Government programs; and Stefanovikeio.
than 180 days after the date of enactment of (2) evaluate the extent to which the pro- (b) ELEMENT.—The study required by sub-
this Act, the Director, in consultation with gram inventory required under section 1122 section (a) shall include an evaluation of any
the Secretary, shall submit to the appro- of title 31, United States Code, as amended infrastructure investment necessary to sup-
dlhill on DSK120RN23PROD with SENATE
priate congressional committees a report by this title, provides useful information for port such increased rotational deployments.
that— transparency, decision-making, and over- (c) REPORT TO CONGRESS.—Not later than
(1) includes a plan that— sight; 180 days after the date of the enactment of
(A) discusses how making available on a (3) evaluate the extent to which the pro- this Act, the Secretary shall submit to the
website the information required under sub- gram inventory provides a coherent picture congressional defense committees a report
section (a) of section 1122 of title 31, United of the scope of Federal investments in par- on the results of the study required by sub-
States Code, as amended by section ll02, ticular areas; and section (a).
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3691
SA 2235. Mr. ROUNDS submitted an (e) CONTRACT REQUIREMENTS.—Contracts ‘‘§ 30308. Death of a member of the Armed
amendment intended to be proposed by for consumption-based solutions entered into Forces from a collision on the high seas.
him to the bill S. 4049, to authorize ap- pursuant to the pilot program shall provide ‘‘(a) DEFINITION.—In this section, the term
for— ‘nonpecuniary damages’ means damages for
propriations for fiscal year 2021 for
(1) the solution to be measurable on a fre- loss of care, comfort, or companionship.
military activities of the Department quent interval customary for the type of so- ‘‘(b) MILITARY SERVICE MEMBERS.—In an
of Defense, for military construction, lution; action under this chapter, if the death of a
and for defense activities of the De- (2) the contractor to notify the govern- member of the Armed Forces resulted from a
partment of Energy, to prescribe mili- ment when consumption reaches 75 percent collision occurring on the high seas beyond
tary personnel strengths for such fiscal and 90 percent of the contract funded 12 nautical miles from the shore of the
year, and for other purposes; which was amount; and United States while the decedent was serving
ordered to lie on the table; as follows: (3) discretion for the contracting officer to physically on board a United States military
At the end of subtitle F of title VIII, add add new features or capabilities without ad- vessel, the personal representative of the de-
the following: ditional competition for the contract, pro- cedent may bring a civil action in admiralty
SEC. 884. PILOT PROGRAM EXPLORING THE USE
vided that the amount of the new features or or at law against the person or vessel respon-
OF CONSUMPTION-BASED SOLU- capabilities does not exceed 25 percent of the sible. The action shall be for the exclusive
TIONS TO ADDRESS SOFTWARE-IN- total contract value. benefit of the decedent’s spouse, parent,
TENSIVE WARFIGHTING CAPA- (f) DURATION OF INITIATIVES.—Each initia- child, dependent relative, or estate. Com-
BILITY. tive carried out under the pilot program pensation is recoverable for nonpecuniary
(a) FINDING.—In its final report, the Sec- shall be carried out during the three-year pe- and pecuniary damages.
tion 809 Panel recommended the adoption of riod following selection of the initiative. ‘‘(c) JURY TRIAL.—A claim under this sec-
consumption-based approaches at the De- (g) MONITORING AND EVALUATION OF PILOT tion may be tried with a jury.
partment of Defense, stating, ‘‘More things PROGRAM.—The Director of the Office of Cost ‘‘(d) GOVERNING LAW.—In an action under
will be sold as a service in the future. XaaS Assessment and Program Evaluation shall this section, the maritime law of the United
could really mean everything in the context States shall apply.
establish continuous monitoring to evaluate
of the Internet of things (IoT). Consumption- ‘‘(e) EFFECTIVE DATE.—This section shall
the pilot program established under sub-
based solutions are appearing in many indus- apply to any death occurring after January
section (c), including collecting data on cost,
try sectors, from last mile transportation 1, 2017.
schedule, and performance from the program
(e.g., bike shares and electric scooters) to ag- ‘‘(f) GOVERNMENT IMMUNITY.—Nothing in
office, the user community, and the contrac-
riculture (e.g., tractor-as-a-service for farm- this Act shall be construed to affect any ex-
tors.
ers in developing countries). Most smart isting laws or doctrines establishing govern-
phone users are familiar with software up- (h) REPORTS.—
mental immunity from tort-based claims.’’.
dates that provide bug fixes or new features. (1) INITIAL REPORT.—Not later than Janu-
(b) CLERICAL AMENDMENT.—The analysis at
A more extreme example of technology inno- ary 31, 2021, the Secretary of Defense shall
the beginning of such chapter is amended—
vation enabled by the IoT is the ability to submit to the congressional defense commit-
(1) by redesignating the item relating to
deliver physical performance improvements tees a report on initiatives selected for the
section 30308 as the item relating to section
to vehicles through over-the-air software up- pilot program, roles and responsibilities for
30309; and
dates. . . In the not-so-distant future, cloud implementing the pilot program, and the
(2) by inserting after the item relating to
computing and the IoT will enable consump- monitoring and evaluation approach for the
section 30307 the following:
tion-based solution offerings and delivery pilot.
(2) PROGRESS REPORT.—Not later than April ‘‘30308. Death of a member of the Armed
models that are hard to imagine today.’’
(b) SENSE OF CONGRESS.—It is the sense of 15, 2021, the Secretary of Defense shall sub- Forces from a collision on the
Congress— mit to the congressional defense committees high seas.’’.
(1) that the Department of Defense should a report on the progress of the initiatives.
take advantage of ‘‘as-a-service’’ or ‘‘aaS’’ (3) FINAL REPORT.—Not later than 3 years SA 2237. Ms. MCSALLY submitted an
approaches in commercial capability devel- after the date of the enactment of this Act, amendment intended to be proposed by
opment, particularly where the capability is the Secretary of Defense shall submit to the her to the bill S. 4049, to authorize ap-
software-defined, and cloud-enabled; congressional defense committees a report propriations for fiscal year 2021 for
(2) to support the Department of Defense’s on the cost, schedule, and performance out- military activities of the Department
commitment to new approaches to develop- comes of the initiatives. The report shall of Defense, for military construction,
ment and acquisition of software; also include lessons learned about the use of and for defense activities of the De-
(3) that the Department should explore a consumption-based solutions for software-in-
tensive capabilities and any recommenda-
partment of Energy, to prescribe mili-
variety of approaches, to include the use of
consumption-based solutions for software-in- tions for statutory or regulatory changes to tary personnel strengths for such fiscal
tensive warfighting capability; and facilitate their use. year, and for other purposes; which was
(4) that, in conducting activities under the (i) CONSUMPTION-BASED SOLUTION DE- ordered to lie on the table; as follows:
pilot program established under this pro- FINED.—In this section, the term ‘‘consump- At the end of subtitle G of title X, add the
gram, the Department should use the Soft- tion-based solution’’ means any combination following:
ware pathway under the new Adaptive Ac- of software, hardware or equipment, and SEC. 1085. AMENDMENTS TO DEFENSE PRODUC-
quisition Framework. labor or services that provides a seamless ca- TION ACT OF 1950 TO ENSURE SUP-
(c) IN GENERAL.—Subject to the avail- pability that is metered and billed based on PLY OF CERTAIN MEDICAL ARTI-
ability of appropriations, the Secretary of actual usage and predetermined pricing per CLES ESSENTIAL TO NATIONAL DE-
Defense is authorized to establish a pilot FENSE.
resource unit, and includes the ability to
program to explore the use of consumption- rapidly scale capacity up or down. (a) STATEMENT OF POLICY.—Section 2(b) of
based solutions to address software-intensive the Defense Production Act of 1950 (50 U.S.C.
warfighting capability. 4502(b)) is amended—
(d) SELECTION OF INITIATIVES.—The Sec- SA 2236. Ms. MCSALLY submitted an (1) by redesignating paragraphs (3) through
retary of each military department and the amendment intended to be proposed by (8) as paragraphs (4) through (9), respec-
commander of each combatant command her to the bill S. 4049, to authorize ap- tively; and
with acquisition authority shall propose for propriations for fiscal year 2021 for (2) by inserting after paragraph (2) the fol-
selection by the Secretary of Defense for the military activities of the Department lowing:
pilot program at least one and not more than of Defense, for military construction, ‘‘(3) authorities under this Act should be
three initiatives that are well-suited to ex- used when appropriate to ensure the avail-
plore consumption-based solutions to address
and for defense activities of the De-
ability of medical articles essential to na-
software-intensive warfighting capability. partment of Energy, to prescribe mili- tional defense, including through measures
The initiatives may be new or existing pro- tary personnel strengths for such fiscal designed to secure the drug supply chain,
grams of record and shall focus on software- year, and for other purposes; which was and taking into consideration the impor-
defined or machine-enabled warfighting ap- ordered to lie on the table; as follows: tance of United States competitiveness, sci-
plications, and may include applications At the end of subtitle E of title X, add the entific leadership and cooperation, and inno-
that— following: vative capacity;’’.
(1) rapidly analyze sensor data; (b) STRENGTHENING DOMESTIC CAPABILITY.—
SEC. llll. AMENDMENTS TO TITLE 46.
dlhill on DSK120RN23PROD with SENATE
(2) secure warfighter networks, including Section 107 of the Defense Production Act of
multi-level security; (a) IN GENERAL.—Chapter 303 of title 46, 1950 (50 U.S.C. 4517) is amended—
(3) swiftly transport information across United States Code, is amended— (1) in subsection (a), by striking ‘‘and in-
various networks and network modalities; or (1) by redesignating section 30308 as section dustrial resources’’ and inserting ‘‘industrial
(4) otherwise enable joint all-domain oper- 30309; and resources, and medical articles’’; and
ational concepts, including in a contested (2) by inserting after section 30307 the fol- (2) in subsection (b)(1), by striking ‘‘and in-
environment. lowing: dustrial resources’’ and inserting ‘‘industrial
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S3692 CONGRESSIONAL RECORD — SENATE June 29, 2020
resources, and medical articles (including ment of Energy, to prescribe military (D) plans for the use of the direct hire au-
drugs to diagnose, cure, mitigate, treat, or personnel strengths for such fiscal thority provided under paragraph (4) of that
prevent disease) essential to national de- year, and for other purposes; which was section.
fense’’. (b) COORDINATION WITH ALLIES AND PART-
(c) STRATEGY ON SECURING SUPPLY CHAINS ordered to lie on the table; as follows:
NERS OF THE UNITED STATES.—
FOR MEDICAL ARTICLES.—Title I of the De- At the end of subtitle G of title XII, add (1) IN GENERAL.—The Secretary of State
fense Production Act of 1950 (50 U.S.C. 4511 et the following: shall develop and implement mechanisms
seq.) is amended by adding at the end the fol- SEC. 1287. IMPROVED COORDINATION OF UNITED and programs, as appropriate, through the
lowing: STATES SANCTIONS POLICY. head of the Office of Sanctions Coordination
‘‘SEC. 109. STRATEGY ON SECURING SUPPLY (a) OFFICE OF SANCTIONS COORDINATION OF established pursuant to section 1(g) of the
CHAINS FOR MEDICAL ARTICLES. State Department Basic Authorities Act of
THE DEPARTMENT OF STATE.—
‘‘(a) IN GENERAL.—Not later than 120 days (1) IN GENERAL.—Section 1 of the State De- 1956, as amended by subsection (a)(1), to co-
after the date of the enactment of this sec- partment Basic Authorities Act of 1956 (22 ordinate the development and implementa-
tion, the President, in consultation with the U.S.C. 2651a) is amended— tion of United States sanctions policies with
Secretary of Health and Human Services, the (A) by redesignating subsection (g) as sub- allies and partners of the United States, in-
Secretary of Commerce, the Secretary of cluding the United Kingdom, the European
section (h); and
Homeland Security, and the Secretary of De- Union and member countries of the Euro-
(B) by inserting after subsection (f) the fol-
fense, shall transmit a strategy to the appro- pean Union, Canada, Australia, New Zealand,
lowing:
priate Members of Congress that includes the Japan, and South Korea.
‘‘(g) OFFICE OF SANCTIONS COORDINATION.—
following: (2) INFORMATION SHARING.—The Secretary
‘‘(1) IN GENERAL.—There is established,
‘‘(1) A detailed plan to use the authorities should pursue the development and imple-
within the Department of State, an Office of
under this title and title III, or any other mentation of mechanisms and programs
Sanctions Coordination (in this subsection
provision of law, to ensure the supply of under paragraph (1), as appropriate, that in-
referred to as the ‘Office’).
medical articles (including drugs to diag- volve the sharing of information with re-
‘‘(2) HEAD.—The head of the Office shall—
nose, cure, mitigate, treat, or prevent dis- spect to policy development and sanctions
‘‘(A) have the rank and status of ambas-
ease) essential to national defense, to the ex- implementation.
sador;
tent necessary for the purposes of this Act. (3) CAPACITY BUILDING.—The Secretary
‘‘(B) be appointed by the President, by and
‘‘(2) An analysis of vulnerabilities to exist- should pursue efforts, in coordination with
with the advice and consent of the Senate;
ing supply chains for such medical articles, the Secretary of the Treasury and the head
and
and recommendations to address the of any other agency the Secretary considers
‘‘(C) report directly to the Secretary.
vulnerabilities. appropriate, to assist allies and partners of
‘‘(3) DUTIES.—The head of the Office shall—
‘‘(3) Measures to be undertaken by the the United States, including the countries
‘‘(A) exercise sanctions authorities dele-
President to diversify such supply chains, as specified in paragraph (1), as appropriate, in
gated to the Secretary;
appropriate and as required for national de- the development of their legal and technical
‘‘(B) serve as the principal advisor to the
fense. capacities to develop and implement sanc-
senior management of the Department and
‘‘(4) A discussion of— tions authorities.
the Secretary regarding the development and
‘‘(A) any significant effects resulting from (4) EXCHANGE PROGRAMS.—In furtherance of
implementation of sanctions policy;
the plan and measures described in this sub- the efforts described in paragraph (3), the
‘‘(C) serve as the lead representative of the
section on the production, cost, or distribu- Secretary, in coordination with the Sec-
United States in diplomatic engagement on
tion of vaccines or any other drugs (as de- retary of the Treasury and the head of any
sanctions matters;
fined under section 201 of the Federal Food, other agency the Secretary considers appro-
‘‘(D) consult and closely coordinate with
Drug, and Cosmetic Act (21 U.S.C. 321)); priate, may enter into agreements with
allies and partners of the United States, in-
‘‘(B) a timeline to ensure that essential counterpart agencies in foreign governments
cluding the United Kingdom, the European
components of the supply chain for medical establishing exchange programs for the tem-
Union and member countries of the Euro-
articles are not under the exclusive control porary detail of government employees to
pean Union, Canada, Australia, New Zealand,
of a foreign government in a manner that share information and expertise with respect
Japan, and South Korea, to ensure the max-
the President determines could threaten the to the development and implementation of
imum effectiveness of sanctions imposed by
national defense of the United States; and sanctions authorities.
the United States and such allies and part-
‘‘(C) efforts to mitigate any risks resulting (5) BRIEFING REQUIRED.—Not later than 90
ners;
from the plan and measures described in this days after the date of the enactment of this
‘‘(E) serve as the coordinator for the devel-
subsection to United States competitiveness, Act, and every 180 days thereafter until the
opment and implementation of sanctions
scientific leadership, and innovative capac- date that is 5 years after such date of enact-
policy with respect to all activities, policies,
ity, including efforts to cooperate and ment, the Secretary of State shall brief the
and programs of all bureaus and offices of
proactively engage with United States allies. appropriate congressional committees on the
‘‘(b) PROGRESS REPORT.—Following submis- the Department relating to the development
and implementation of sanctions policy; and efforts of the Department of State to imple-
sion of the strategy under subsection (a), the
‘‘(F) serve as the lead representative of the ment this section, including a description
President shall submit to the appropriate
Department in interagency discussions with of—
Members of Congress an annual progress re-
respect to the development and implementa- (A) measures taken to implement para-
port evaluating the implementation of the
tion of sanctions policy. graph (1);
strategy, and may include updates to the
‘‘(4) DIRECT HIRE AUTHORITY.—The head of (B) actions taken pursuant to paragraphs
strategy as appropriate. The strategy and
the Office may appoint, without regard to (2) through (4);
progress reports shall be submitted in un-
the provisions of sections 3309 through 3318 of (C) the extent of coordination between the
classified form but may contain a classified
title 5, United States Code, candidates di- United States and allies and partners of the
annex.
‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.— rectly to positions in the competitive serv- United States, including the countries speci-
The term ‘appropriate Members of Congress’ ice, as defined in section 2102 of that title, in fied in paragraph (1), with respect to the de-
means— the Office.’’. velopment and implementation of sanctions
‘‘(1) the Speaker, majority leader, and mi- (2) BRIEFING REQUIRED.—Not later than 60 policy; and
nority leader of the House of Representa- days after the date of the enactment of this (D) obstacles preventing closer coordina-
tives; Act, and every 90 days thereafter until the tion between the United States and such al-
‘‘(2) the majority leader and minority lead- date that is 2 years after such date of enact- lies and partners with respect to the develop-
er of the Senate; ment, the Secretary of State shall brief the ment and implementation of sanctions pol-
‘‘(3) the chairman and ranking member of appropriate congressional committees on the icy.
the Committee on Financial Services of the efforts of the Department of State to estab- (c) SENSE OF CONGRESS.—It is the sense of
House of Representatives; and lish the Office of Sanctions Coordination the Congress that the President should ap-
‘‘(4) the chairman and ranking member of pursuant to section 1(g) of the State Depart- point a coordinator for sanctions and na-
the Committee on Banking, Housing, and ment Basic Authorities Act of 1956, as tional economic security issues within the
Urban Affairs of the Senate.’’. amended by paragraph (1), including a de- framework of the National Security Council.
scription of— (d) APPROPRIATE CONGRESSIONAL COMMIT-
SA 2238. Mr. RISCH (for himself and (A) measures taken to implement the re- TEES DEFINED.—In this section, the term
Mrs. SHAHEEN) submitted an amend- quirements of that section and to establish ‘‘appropriate congressional committees’’
dlhill on DSK120RN23PROD with SENATE
ment intended to be proposed by him the Office; means—
(B) actions taken by the Office to carry out (1) the Committee on Foreign Relations,
to the bill S. 4049, to authorize appro-
the duties listed in paragraph (3) of that sec- the Committee on Banking, Housing, and
priations for fiscal year 2021 for mili- tion; Urban Affairs, and the Committee on Fi-
tary activities of the Department of (C) the resources devoted to the Office, in- nance of the Senate; and
Defense, for military construction, and cluding the number of employees working in (2) the Committee on Foreign Affairs, the
for defense activities of the Depart- the Office; and Committee on Financial Services, and the
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3693
Committee on Way and Means of the House as a critical access hospital during 2016, and implement section 209(b) of the Asia Reas-
of Representatives. for which there was a change of ownership surance Initiative Act of 2018 (22 U.S.C. 3301
during 2018, if the designation relied on in- note).
SA 2239. Mr. INHOFE submitted an correct information received from a State
amendment intended to be proposed by about a road as being secondary in order to SA 2242. Mr. GARDNER (for himself
him to the bill S. 4049, to authorize ap- meet the distance criterion described in sub- and Mr. PETERS) submitted an amend-
propriations for fiscal year 2021 for section (c)(2)(B)(i)(I), the facility shall be ment intended to be proposed by him
military activities of the Department deemed to meet such distance criterion dur- to the bill S. 4049, to authorize appro-
of Defense, for military construction, ing the period beginning on the date of such priations for fiscal year 2021 for mili-
2016 designation and ending on September 30,
and for defense activities of the De- tary activities of the Department of
2026.’’.
partment of Energy, to prescribe mili- Defense, for military construction, and
tary personnel strengths for such fiscal SA 2241. Mr. GARDNER submitted an for defense activities of the Depart-
year, and for other purposes; which was amendment intended to be proposed by ment of Energy, to prescribe military
ordered to lie on the table; as follows: him to the bill S. 4049, to authorize ap- personnel strengths for such fiscal
At the end of section 1083, add the fol- propriations for fiscal year 2021 for year, and for other purposes; which was
lowing: military activities of the Department ordered to lie on the table; as follows:
(d) DISTRIBUTION OF ESTIMATE.—As soon as
of Defense, for military construction, At the appropriate place in title X, insert
practicable after submitting an estimate as
and for defense activities of the De- the following:
described in paragraph (1) of subsection (a)
and making the certification described in partment of Energy, to prescribe mili- Subtitle ll—Artificial Intelligence
paragraph (2) of such subsection, the Sec- tary personnel strengths for such fiscal SEC. ll1. STANDARD DEVELOPMENT FOR ARTI-
retary shall make such estimate available to year, and for other purposes; which was FICIAL INTELLIGENCE AT THE NA-
any licensee operating under the order and TIONAL INSTITUTE OF STANDARDS
ordered to lie on the table; as follows: AND TECHNOLOGY.
authorization described in such subsection.
(e) AUTHORITY OF SECRETARY OF DEFENSE At the end of subtitle E of title XII, add The National Institute of Standards and
TO SEEK RECOVERY OF COSTS.—The Secretary the following: Technology Act (15 U.S.C. 271 et seq.) is
of Defense may work directly with any li- SEC. 1262. IMPLEMENTATION OF THE ASIA REAS- amended by inserting after section 22 the fol-
censee (or any future assignee, successor, or SURANCE INITIATIVE ACT WITH RE- lowing:
GARD TO TAIWAN ARMS SALES.
purchaser) affected by the Order and Author- ‘‘SEC. 22A. STANDARDS FOR ARTIFICIAL INTEL-
ization adopted by the Federal Communica- (a) FINDINGS.—Congress makes the fol- LIGENCE.
tions Commission on April 19, 2020 (FCC 20– lowing findings: ‘‘(a) MISSION.—The Institute shall—
48) to seek recovery of costs incurred by the (1) The Department of Defense Indo-Pacific ‘‘(1) have the mission of advancing frame-
Department of Defense as a result of the ef- Strategy Report, released on June 1, 2019, works, standards, guidelines, and associated
fect of such order and authorization. states: ‘‘[T]he Asia Reassurance Initiative methods and techniques for artificial intel-
(f) REIMBURSEMENT.— Act, a major bipartisan legislation, was ligence;
(1) IN GENERAL.—The Secretary shall estab- signed into law by President Trump on De- ‘‘(2) support the development of a risk-
lish and facilitate a process for any licensee cember 31, 2018. This legislation enshrines a mitigation framework for deploying artifi-
(or any future assignee, successor, or pur- generational whole-of-government policy cial intelligence;
chaser) subject to the authorization and framework that demonstrates U.S. commit- ‘‘(3) support the development of technical
order described in subsection (a) to provide ment to a free and open Indo-Pacific region standards and guidelines that promote reli-
reimbursement to the Department of De- and includes initiatives that promote sov- able, robust, and trustworthy artificial intel-
fense, only to the extent provided in appro- ereignty, rule of law, democracy, economic ligence; and
priations Acts, for the covered costs and eli- engagement, and regional security.’’. ‘‘(4) support the development of technical
gible reimbursable costs submitted and cer- (2) The Indo-Pacific Strategy Report fur- standards and guidelines by which to test for
tified to the congressional defense commit- ther states: ‘‘The United States has a vital bias in artificial intelligence training data
tees under such subsection. interest in upholding the rules-based inter- and applications.
(2) USE OF FUNDS.—The Secretary shall use national order, which includes a strong, ‘‘(b) PARTICIPATION IN STANDARD SETTING
any funds received under this subsection, to prosperous, and democratic Taiwan. . .The ORGANIZATIONS.—
the extent and in such amounts as are pro- Department [of Defense] is committed to ‘‘(1) REQUIREMENT.—The Institute shall
vided in advance in appropriations Acts, for providing Taiwan with defense articles and participate in the development of standards
covered costs described in subsection (b) and services in such quantity as may be nec- and specifications for artificial intelligence.
the range of eligible reimbursable costs iden- essary to enable Taiwan to maintain a suffi- ‘‘(2) PURPOSE.—The purpose of participa-
tified under subsection (a)(1). cient self-defense capability.’’. tion of the Institute under paragraph (1)
(3) REPORT.—Not later than 90 days after (3) Section 209(b) of the Asia Reassurance shall be to ensure—
the date on which the Secretary establishes Initiative Act of 2018 (22 U.S.C. 3301 note), ‘‘(A) that standards promote artificial in-
the process required by paragraph (1), the signed into law on December 31, 2018— telligence that is reliable, robust, and trust-
Secretary shall submit to the congressional (A) builds on longstanding commitments worthy;
defense committees a report on such process. enshrined in the Taiwan Relations Act (22 ‘‘(B) that standards relating to artificial
(g) GOOD FAITH.—The execution of the re- U.S.C. 3301 et seq.) to provide Taiwan with intelligence reflect the state of technology
sponsibilities of this section by the Depart- defense articles; and and are fit-for-purpose and developed in the
ment of Defense shall be considered to be (B) states: ‘‘The President should conduct transparent and consensus-based processes
good faith actions pursuant to paragraph 104 regular transfers of defense articles to Tai- that are open to all stakeholders.’’.
of the Order and Authorization (FCC 20–48) wan that are tailored to meet the existing SEC. ll2. ESTABLISHMENT OF NATIONAL PRO-
described in subsection (a). and likely future threats from the People’s GRAM TO ADVANCE ARTIFICIAL IN-
Republic of China, including supporting the TELLIGENCE RESEARCH.
SA 2240. Mr. INHOFE submitted an efforts of Taiwan to develop and integrate The National Institute of Standards and
amendment intended to be proposed by asymmetric capabilities, as appropriate, in- Technology Act (15 U.S.C. 271 et seq.), as
him to the bill S. 4049, to authorize ap- cluding mobile, survivable, and cost-effective amended by section ll1, is further amended
propriations for fiscal year 2021 for capabilities, into its military forces.’’. by inserting after section 22A the following:
military activities of the Department (b) SENSE OF CONGRESS.—It is the sense of ‘‘SEC. 22B. NATIONAL PROGRAM TO ADVANCE AR-
Congress that— TIFICIAL INTELLIGENCE RESEARCH.
of Defense, for military construction,
(1) the Asia Reassurance Initiative Act of ‘‘(a) ESTABLISHMENT.—
and for defense activities of the De- 2018 (Public Law 115–409; 132 Stat. 5387) has ‘‘(1) IN GENERAL.—The Director shall estab-
partment of Energy, to prescribe mili- recommitted the United States to support lish a research program with a national
tary personnel strengths for such fiscal the close, economic, political, and security scope to advance use-inspired artificial intel-
year, and for other purposes; which was relationship between the United States and ligence research and its use in a manner that
ordered to lie on the table; as follows: Taiwan; and serves the needs of the United States, the In-
At the appropriate place, insert the fol- (2) the United States should fully imple- stitute, industry, the academic community,
lowing: ment the provisions of that Act with regard and such other entities as the Director con-
SEC. ll. APPLICATION OF DISTANCE REQUIRE- to regular defensive arms sales to Taiwan. siders appropriate.
dlhill on DSK120RN23PROD with SENATE
MENTS FOR CRITICAL ACCESS HOS- (c) BRIEFING.—Not later than 30 days after ‘‘(2) DESIGNATION.—The research program
PITALS. the date of the enactment of this Act, the established under paragraph (1) shall be
Section 1820(h) of the Social Security Act Secretary of State and the Secretary of De- known as the ‘National Program to Advance
(42 U.S.C. 1395i–4(h)) is amended by adding at fense, or their designees, shall brief the Com- Artificial Intelligence Research’ (in this sec-
the end the following new paragraph: mittee on Foreign Relations of the Senate tion referred to as the ‘Program’).
‘‘(4) APPLICATION OF DISTANCE CRITERION.— and the Committee on Foreign Affairs of the ‘‘(b) ACTIVITIES.—The activities of the Pro-
In the case of a facility that was designated House of Representatives on the efforts to gram shall include the following:
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S3694 CONGRESSIONAL RECORD — SENATE June 29, 2020
‘‘(1) Supporting research necessary to for at such time, in such manner, and con- (A) the Director shall assess the pilot pro-
operationalize the goals of reliable, robust, taining such information as the Director de- gram; and
and trustworthy artificial intelligence. termines appropriate. (B) if the Director determines that it is
‘‘(2) Supporting research necessary to de- (d) COMMUNITY FACILITY.—The Director both feasible and advisable to do so, the Di-
velop and operationalize technical standards shall ensure that at least 1 research institute rector may continue the pilot program.
and guidelines that promote reliable, robust, established under this section operates an (c) GRANTS.—In carrying out the pilot pro-
and trustworthy artificial intelligence. artificial-intelligence community computing gram, the Director shall award grants for the
‘‘(3) Fostering development of artificial in- facility that is available for use by entities conduct of research in topics selected by the
telligence applications that would enhance other than research institutes established Director in accordance with subsection (d).
the public good. under this section. (d) TOPIC SELECTION.—The Director shall
‘‘(4) Supporting research necessary to ad- (e) FUNDING.— select topics for research under the pilot pro-
vance human-centered artificial intelligence (1) IN GENERAL.—Subject to the avail- gram in accordance with the following:
and examining societal, ethical, safety, secu- ability of appropriations, the Director may, (1) The Director shall select artificial in-
rity, and privacy effects of artificial intel- in each of fiscal years 2021 through 2025, obli- telligence as the initial topic for the pilot
ligence development and deployment. gate to carry out this section an amount program.
‘‘(5) Creating and developing processes for that is less than or equal to $50,000,000 multi- (2) The Director may select additional top-
the purpose of advancing use-inspired artifi- plied by the number of research institutes ics that the Director determines are—
cial intelligence research and its use. established under this section. (A) rapidly evolving; or
‘‘(6) Promoting exchange of personnel (2) DERIVATION OF FUNDS.—Amounts obli- (B) of high importance to the economy and
among industry, academic, and the govern- gated to carry out this section shall be de- security of the United States.
ment entities. rived from amounts appropriated to the (e) APPLICATIONS.—
‘‘(7) Establishing and operating at least Foundation. (1) IN GENERAL.—Subject to paragraph (2), a
one test bed to support the outside entities SEC. ll4. NATIONAL SCIENCE FOUNDATION person seeking a grant under the pilot pro-
testing the degree to which artificial intel- TRAINEESHIP PROGRAM GRANTS. gram shall submit to the Director an appli-
ligence applications and training data are re- (a) PROGRAM REQUIRED.— cation therefor at such time, in such man-
liable, robust, and trustworthy. (1) IN GENERAL.—The Director of the Na- ner, and containing such information as the
‘‘(c) GEOGRAPHIC DISTRIBUTION.—In estab- tional Science Foundation shall carry out a Director may specify.
lishing the Program, the Director may estab- program to award grants to eligible entities (2) CONTENTS.—Each application submitted
lish multiple physical campuses and a na- to establish traineeship programs and sup- under paragraph (1) shall include the fol-
tional network of participants to avoid port trainees in topics selected by the Direc- lowing:
undue geographic concentration of the ac- tor under subsection (c). (A) A brief description of the research the
tivities of the Program. (2) PURPOSE.—The purpose of the program applicant proposes to carry out with a grant
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— established by the Director under paragraph awarded under the pilot program.
There is authorized to be appropriated to (1) shall be to increase the number of individ- (B) A brief description of how the research
carry out this section $250,000,000 for each of uals with advanced degrees through both di- is of an urgent nature.
fiscal years 2021 through 2025.’’. rect support and programmatic support. (C) The general goals of the research.
SEC. ll3. ESTABLISHMENT OF NATIONAL ARTI- (b) ELIGIBLE ENTITIES.—For purposes of (D) Such other information as the Director
FICIAL INTELLIGENCE RESEARCH this section, an eligible entity is— may specify.
INSTITUTES. (1) an institution of higher education; or (f) USE OF FUNDS.—A recipient of a grant
(a) ESTABLISHMENT.— (2) a consortia of institutions of higher under the pilot program shall use the
(1) IN GENERAL.—The Director of the Na- education or nonprofit organizations. amount of the grant to conduct the research
tional Science Foundation shall establish at (c) TOPICS OF NATIONAL IMPORTANCE.— for which the grant was awarded.
least 6 research institutes to serve the needs (1) IN GENERAL.—Subject to paragraph (2), (g) SUMMARIES OF RESEARCH FINDINGS.—A
of the United States, industry, the academic the Director shall select a topic for the recipient of a grant under the pilot program
community, and such other entities as the award of grants under subsection (a) based shall submit to the Director, at such inter-
Director considers appropriate by— on— vals as the Director determines appropriate,
(A) conducting research on longer-time-ho- (A) the potential of a traineeship program a summary of the findings of the recipient
rizon challenges in artificial intelligence re- in the topic or support of trainees in the with respect to the research conducted with
search; and topic to affect society positively; the grant amount.
(B) creating and developing processes for (B) the importance of the topic to the SEC. ll6. FEDERAL ARTIFICIAL INTELLIGENCE
the purpose of advancing use-inspired artifi- economy and security of the United States; SCHOLARSHIP-FOR-SERVICE PRO-
cial intelligence research and its deploy- (C) the career opportunities for the grad- GRAM.
ment. uates; and (a) DEFINITIONS.—In this section:
(2) DESIGNATION.—Each research institute (D) the need for workers in the topic with (1) ARTIFICIAL INTELLIGENCE.—The term
established under paragraph (1) shall be advanced degrees. ‘‘artificial intelligence’’ or ‘‘AI’’ has the
known as a ‘‘National Artificial Intelligence (2) INITIAL TOPIC SELECTION.—The Director meaning given the term ‘‘artificial intel-
Research Institute’’. shall select artificial intelligence as the ini- ligence’’ in section 238(g) of the John S.
(b) GRANTS.— tial topic for the award of grants under sub- McCain National Defense Authorization Act
(1) IN GENERAL.—The Director shall estab- section (a). for Fiscal Year 2019 (10 U.S.C. 2358 note).
lish the research institutes under subsection (d) COMPONENTS.—A grant awarded under (2) EXECUTIVE AGENCY.—The term ‘‘execu-
(a) through the award of grants to eligible this section may include support for— tive agency’’ has the meaning given the term
entities using a competitive, merit-reviewed (1) the recipient of the grant to develop ‘‘Executive agency’’ in section 105 of title 5,
process. and distribute model curriculum that may be United States Code.
(2) ELIGIBLE ENTITIES.—For purposes of this used by other graduate programs to educate (3) REGISTERED INTERNSHIP.—The term
section, an eligible entity is— students in the topic selected under sub- ‘‘registered internship’’ means a Federal
(A) an institution of higher education; section (c); Registered Internship Program coordinated
(B) a nonprofit research center; (2) mentors to provide guidance for stu- through the Department of Labor.
(C) such other type of entity as the Direc- dents within the topic area; and (b) IN GENERAL.—The Director of the Na-
tor considers appropriate; or (3) tuition and stipend for students pur- tional Science Foundation, in coordination
(D) a collaboration of any combination of suing a masters or doctoral degree. with the Director of the Office of Personnel
entities described in subparagraphs (A) SEC. ll5. NATIONAL SCIENCE FOUNDATION Management, the Director of the National
through (C). PILOT PROGRAM ON GRANTS FOR Institute of Standards and Technology, and
(3) DURATION.— RESEARCH IN RAPIDLY EVOLVING, the heads of other agencies with appropriate
(A) IN GENERAL.—Each grant awarded HIGH PRIORITY TOPICS. scientific knowledge, shall establish a Fed-
under paragraph (1) shall be for a period of 5 (a) PILOT PROGRAM REQUIRED.—The Direc- eral artificial intelligence scholarship-for-
years. tor of the National Science Foundation shall service program (referred to in this section
(B) REAPPLICATION.—The Director may ap- establish a pilot program to assess the feasi- as the ‘‘Federal AI Scholarship-for-Service
prove or disapprove reapplications from bility and advisability of awarding grants for Program’’) to recruit and train artificial in-
grant recipients for additional grants. the conduct of research in rapidly evolving, telligence professionals to lead and support
(C) TERMINATION.—The Director may ter- high priority topics. the application of artificial intelligence to
minate a grant awarded under paragraph (1) (b) DURATION.— the missions of Federal, State, local, and
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for an underperforming research institute, (1) IN GENERAL.—The Director shall carry Tribal governments.
for cause, during the performance period of out the pilot program required by subsection (c) QUALIFIED INSTITUTION OF HIGHER EDU-
the grant. (a) during the 5-year period beginning on the CATION.—The Director of the National
(c) APPLICATIONS.—An eligible entity seek- date of the enactment of this Act. Science Foundation, in coordination with
ing a grant under paragraph (1) to establish (2) ASSESSMENT AND CONTINUATION AUTHOR- the heads of other agencies with appropriate
a research institute under this section shall ITY.—After the period set forth in paragraph scientific knowledge, shall establish criteria
submit to the Director an application there- (1)— to designate qualified institutions of higher
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3695
education that shall be eligible to partici- (3) TIMING OF CONVERSION.—An executive reduced by the ratio of the number of years
pate in the Federal AI Scholarship-for-Serv- agency may noncompetitively convert a of service completed divided by the number
ice program. Such criteria shall include— term employee appointed under paragraph of years of service required, shall—
(1) measures of the institution’s dem- (2) to a career-conditional or career appoint- (A) be repaid; or
onstrated excellence in the education of stu- ment before the term appointment expires. (B) be treated as a loan to be repaid in ac-
dents in the field of artificial intelligence; (4) AUTHORITY TO DECLINE CONVERSION.—An cordance with subsection (l).
and executive agency may decline to make the (l) REPAYMENTS.—A loan described in sub-
(2) measures of the institution’s ability to noncompetitive conversion or appointment section (k) shall—
attract and retain a diverse and non-tradi- under paragraph (2) for cause. (1) be treated as a Federal Direct Unsub-
tional student population in the fields of (h) ELIGIBILITY.—To be eligible to receive a sidized Stafford Loan under part D of title IV
science, technology, engineering, and mathe- scholarship under this section, an individual of the Higher Education Act of 1965 (20 U.S.C.
matics, which may include the ability to at- shall— 1087a et seq.); and
tract women, minorities, and individuals (1) be a citizen or lawful permanent resi- (2) be subject to repayment, together with
with disabilities. dent of the United States; interest thereon accruing from the date of
(d) PROGRAM DESCRIPTION AND COMPO- (2) demonstrate a commitment to a career the scholarship award, in accordance with
NENTS.—The Federal AI Scholarship-for-
in advancing the field of AI; terms and conditions specified by the Direc-
Service Program shall— (3) be— tor of the National Science Foundation (in
(1) provide scholarships through qualified (A) a full-time student in an eligible degree consultation with the Secretary of Edu-
institutions of higher education to students program at a qualified institution of higher cation) in regulations promulgated to carry
who are enrolled in programs of study at in- education, as determined by the Director of out this subsection.
stitutions of higher education leading to de- the National Science Foundation;
(m) COLLECTION OF REPAYMENT.—
grees or concentrations in or related to the (B) a student pursuing a degree on a less
(1) IN GENERAL.—In the event that a schol-
than full-time basis, but not less than half-
artificial intelligence field; arship recipient is required to repay the
time basis; or
(2) provide the scholarship recipients with scholarship award under this section, the
(C) an AI faculty member on sabbatical to
summer internship opportunities, registered qualified institution of higher education pro-
advance knowledge in the field; and
internships, or other meaningful temporary viding the scholarship shall—
(4) accept the terms of a scholarship under
appointments in the Federal information (A) determine the repayment amounts and
this section.
technology workforce focusing on artificial notify the recipient and the Director of the
(i) CONDITIONS OF SUPPORT.—
intelligence (referred to in this section as National Science Foundation of the amounts
(1) IN GENERAL.—As a condition of receiv-
‘‘AI’’) projects or research; owed; and
ing a scholarship under this section, a recipi-
(3) prioritize the employment placement of ent shall agree to provide the qualified insti- (B) collect the repayment amounts within
scholarship recipients in executive agencies; tution of higher education with annual a period of time as determined by the Direc-
(4) identify opportunities to promote verifiable documentation of post-award em- tor of the National Science Foundation, or
multi-disciplinary programs of study that in- ployment and up-to-date contact informa- the repayment amounts shall be treated as a
tegrate basic or advanced AI training with tion. loan in accordance with subsection (l).
other fields of study, including those that (2) TERMS.—A scholarship recipient under (2) RETURNED TO TREASURY.—Except as pro-
address the social, economic, legal, and eth- this section shall be liable to the United vided in paragraph (3), any repayment under
ical implications of human interaction with States as provided in subsection (k) if the in- this subsection shall be returned to the
AI systems; and dividual— Treasury of the United States.
(5) support capacity-building education re- (A) fails to maintain an acceptable level of (3) RETAIN PERCENTAGE.—A qualified insti-
search programs that will enable postsec- academic standing at the applicable institu- tution of higher education may retain a per-
ondary educational institutions to expand tion of higher education, as determined by centage of any repayment the institution
their ability to train the next-generation AI the Director of the National Science Founda- collects under this subsection to defray ad-
workforce, including AI researchers and tion; ministrative costs associated with the col-
practitioners. (B) is dismissed from the applicable insti- lection. The Director of the National Science
(e) SCHOLARSHIP AMOUNTS.—Each scholar- tution of higher education for disciplinary Foundation shall establish a single, fixed
ship under subsection (d) shall be in an reasons; percentage that will apply to all eligible en-
amount that covers the student’s tuition and (C) withdraws from the eligible degree pro- tities.
fees at the institution for not more than 3 gram before completing the program; (n) EXCEPTIONS.—The Director of the Na-
years and provides the student with an addi- (D) declares that the individual does not tional Science Foundation may provide for
tional stipend. intend to fulfill the post-award employment the partial or total waiver or suspension of
(f) POST-AWARD EMPLOYMENT OBLIGA- obligation under this section; or any service or payment obligation by an in-
TIONS.—Each scholarship recipient, as a con- (E) fails to fulfill the post-award employ- dividual under this section whenever compli-
dition of receiving a scholarship under the ment obligation of the individual under this ance by the individual with the obligation is
program, shall enter into an agreement section. impossible or would involve extreme hard-
under which the recipient agrees to work for (j) MONITORING COMPLIANCE.—As a condi- ship to the individual, or if enforcement of
a period equal to the length of the scholar- tion of participating in the program, a quali- such obligation with respect to the indi-
ship, following receipt of the student’s de- fied institution of higher education shall— vidual would be unconscionable.
gree, in the AI mission of— (1) enter into an agreement with the Direc- (o) PUBLIC INFORMATION.—
(1) an executive agency; tor of the National Science Foundation, to (1) EVALUATION.—The Director of the Na-
(2) Congress, including any agency, entity, monitor the compliance of scholarship re- tional Science Foundation, in coordination
office, or commission established in the leg- cipients with respect to their post-award em- with the Director of the Office of Personnel
islative branch; ployment obligations; and Management, shall annually evaluate and
(3) an interstate agency; (2) provide to the Director of the National make public, in a manner that protects the
(4) a State, local, or Tribal government, Science Foundation, on an annual basis, the personally identifiable information of schol-
which may include instruction in AI-related post-award employment documentation re- arship recipients, information on the success
skill sets in a public school system; or quired under subsection (i)(1) for scholarship of recruiting individuals for scholarships
(5) a State, local, or Tribal government-af- recipients through the completion of their under this section and on hiring and retain-
filiated nonprofit that is considered to be post-award employment obligations. ing those individuals in the public sector AI
critical infrastructure (as defined in section (k) AMOUNT OF REPAYMENT.— workforce, including information on—
1016(e) of the USA Patriot Act (42 U.S.C. (1) LESS THAN 1 YEAR OF SERVICE.—If a cir- (A) placement rates;
5195c(e))). cumstance described in subsection (i)(2) oc- (B) where students are placed, including
(g) HIRING AUTHORITY.— curs before the completion of 1 year of a job titles and descriptions;
(1) APPOINTMENT IN EXCEPTED SERVICE.— post-award employment obligation under (C) salary ranges for students not released
Notwithstanding any provision of chapter 33 this section, the total amount of scholarship from obligations under this section;
of title 5 governing appointments in the awards received by the individual under this (D) how long after graduation students are
competitive service, an executive agency section shall— placed;
shall appoint in the excepted service an indi- (A) be repaid; or (E) how long students stay in the positions
vidual who has completed the eligible degree (B) be treated as a loan to be repaid in ac- they enter upon graduation;
program for which a scholarship was award- cordance with subsection (l). (F) how many students are released from
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ed. (2) 1 OR MORE YEARS OF SERVICE.—If a cir- obligations; and
(2) NONCOMPETITIVE CONVERSION.—Except cumstance described in subparagraph (D) or (G) what, if any, remedial training is re-
as provided in paragraph (4), upon fulfill- (E) of subsection (i)(2) occurs after the com- quired.
ment of the service term, an employee ap- pletion of 1 or more years of a post-award (2) REPORTS.—The Director of the National
pointed under paragraph (1) may be con- employment obligation under this section, Science Foundation, in coordination with
verted noncompetitively to term, career-con- the total amount of scholarship awards re- the Office of Personnel Management, shall
ditional or career appointment. ceived by the individual under this section, submit, not less frequently than once every
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S3696 CONGRESSIONAL RECORD — SENATE June 29, 2020
3 years, to the Homeland Security and Gov- (B) the Permanent Select Committee on force training, including programming for
ernmental Affairs Committee of the Senate, Intelligence, the Committee on Energy and training and job placement of economically
the Committee on Commerce, Science, and Commerce, the Committee on Foreign Af- disadvantaged individuals.
Transportation of the Senate, the Com- fairs, the Committee on Armed Services, the (C) CONSIDERATIONS FOR REVIEW.—With re-
mittee on Science, Space, and Technology of Committee on Science, Space, and Tech- spect to the review by the Secretary of an
the House of Representatives, and the Com- nology, the Committee on Appropriations, application submitted by a covered entity
mittee on Oversight and Reform of the House the Committee on Financial Services, and under subparagraph (A)—
of Representatives a report, including the re- the Committee on Homeland Security of the (i) the Secretary may not approve the ap-
sults of the evaluation under paragraph (1) House of Representatives; plication unless the Secretary—
and any recent statistics regarding the size, (2) the term ‘‘covered entity’’ means a pri- (I) confirms that the covered entity has
composition, and educational requirements vate entity, a consortium of private entities, satisfied the eligibility criteria under sub-
of the Federal AI workforce. or a consortium of public and private enti- paragraph (B); and
(3) RESOURCES.—The Director of the Na- ties with a demonstrated ability to con- (II) determines that the project to which
tional Science Foundation, in coordination struct, expand, or modernize a facility relat- the application relates is in the interest of
with the Director of the Office of Personnel ing to the fabrication, assembly, testing, ad- the United States; and
Management, shall provide consolidated and vanced packaging, or advanced research and (ii) the Secretary may consider whether—
user-friendly online resources for prospective development of semiconductors; (I) the covered entity has previously re-
scholarship recipients, including, to the ex- (3) the term ‘‘covered incentive’’— ceived a grant made under this subsection;
tent practicable— (A) means an incentive offered by a govern- and
(A) searchable, up-to-date, and accurate in- mental entity to a covered entity for the (II) the governmental entity offering the
formation about participating institutions of purposes of constructing within the jurisdic- applicable covered incentive has benefitted
higher education and job opportunities re- tion of the governmental entity, or expand- from a grant previously made under this sub-
lated to the AI field; and ing or modernizing an existing facility with- section.
(B) a modernized description of AI careers. in that jurisdiction, a facility described in (3) AMOUNT.—The amount of a grant made
(p) REFRESH.—Not less than once every 2 paragraph (2); and by the Secretary to a covered entity under
years, the Director of the National Science (B) includes any tax incentive (such as an this subsection shall be in an amount that is
Foundation, in coordination with the Direc- incentive or reduction with respect to em- not more than $3,000,000,000.
tor of the Office of Personnel Management, ployment or payroll taxes or a tax abate- (4) USE OF FUNDS.—A covered entity that
shall review and update the Federal AI ment with respect to personal or real prop- receives a grant under this subsection may
Scholarship-for-Service Program to reflect erty), a workforce-related incentive (includ- only use the grant amounts to—
advances in technology. ing a grant agreement relating to workforce (A) finance the construction, expansion, or
(q) AUTHORIZATION OF APPROPRIATIONS.— training or vocational education), any con- modernization of a facility described in sub-
There are authorized to be appropriated to cession with respect to real property, fund- section (a)(2), as documented in the applica-
carry out this section such sums as may be ing for research and development with re- tion submitted by the covered entity under
necessary. spect to semiconductors, and any other in- paragraph (2)(A), or for similar uses in state
centive determined appropriate by the Sec- of practice and legacy facilities, as deter-
SA 2243. Mr. PORTMAN submitted an retary, in consultation with the Secretary of
mined necessary by the Secretary for pur-
amendment intended to be proposed by State;
poses relating to the national security and
him to the bill S. 4049, to authorize ap- (4) the term ‘‘foreign adversary’’ means
economic competitiveness of the United
propriations for fiscal year 2021 for any foreign government or foreign non-
States;
government person that is engaged in a long-
military activities of the Department (B) support workforce development for the
term pattern, or is involved in a serious in-
of Defense, for military construction, stance, of conduct that is significantly ad-
facility described in subparagraph (A); or
and for defense activities of the De- (C) support site development for the facil-
verse to—
partment of Energy, to prescribe mili- ity described in subparagraph (A).
(A) the national security of the United
tary personnel strengths for such fiscal (5) CLAWBACK.—The Secretary shall re-
States or an ally of the United States; or
cover the full amount of a grant provided to
year, and for other purposes; which was (B) the security and safety of United
a covered entity under this subsection if—
ordered to lie on the table; as follows: States persons;
(5) the term ‘‘governmental entity’’ means (A) as of the date that is 5 years after the
In section 805(a)(3), insert ‘‘, including date on which the Secretary makes the
manufacturing surge capacity,’’ after ‘‘eval- a State or local government;
(6) the term ‘‘Secretary’’ means the Sec- grant, the project to which the grant relates
uation of the competitive strengths and has not been completed, except that the Sec-
weaknesses of United States industry’’. retary of Commerce; and
(7) the term ‘‘semiconductor’’ has the retary may issue a waiver with respect to
meaning given the term by the Secretary. the requirement under this subparagraph if
SA 2244. Mr. CORNYN (for himself, (b) GRANT PROGRAM.— the Secretary determines that issuing such a
Mr. COTTON, Mr. SCHUMER, Mr. WAR- (1) IN GENERAL.—The Secretary shall estab- waiver is appropriate and in the interests of
NER, Ms. COLLINS, Mr. TILLIS, Mrs. lish in the Department of Commerce a pro- the United States; or
BLACKBURN, Mr. HAWLEY, Mr. DAINES, gram that, in accordance with the require- (B) during the applicable term with respect
Mr. KING, Mrs. GILLIBRAND, Mr. RUBIO, ments of this section, provides grants to cov- to the grant, the covered entity engages in
and Ms. SINEMA) submitted an amend- ered entities. any joint research or technology licensing
(2) PROCEDURE.— effort—
ment intended to be proposed by him (i) with the Government of the People’s
to the bill S. 4049, to authorize appro- (A) IN GENERAL.—A covered entity shall
submit to the Secretary an application that Republic of China, the Government of the
priations for fiscal year 2021 for mili- Russian Federation, the Government of Iran,
describes the project for which the covered
tary activities of the Department of entity is seeking a grant under this section. the Government of North Korea, or another
Defense, for military construction, and (B) ELIGIBILITY.—In order for a covered en- foreign adversary; and
for defense activities of the Depart- tity to qualify for a grant under this section, (ii) that relates to a sensitive technology
ment of Energy, to prescribe military the covered entity shall demonstrate to the or product, as determined by the Secretary.
personnel strengths for such fiscal Secretary, in the application submitted by (c) CONSULTATION AND COORDINATION RE-
year, and for other purposes; which was the covered entity under subparagraph (A), QUIRED.—In carrying out the program estab-
ordered to lie on the table; as follows: that— lished under subsection (b), the Secretary
At the end of title X, add the following: (i) the covered entity has a documented in- shall consult and coordinate with the Sec-
terest in constructing, expanding, or mod-
Subtitle H—Semiconductor Manufacturing retary of State and the Secretary of Defense.
ernizing a facility described in subsection
Incentives (a)(2); and (d) GAO REVIEWS.—The Comptroller Gen-
SEC. 1091. SEMICONDUCTOR INCENTIVE GRANTS. (ii) with respect to the project described in eral of the United States shall—
(a) DEFINITIONS.—In this section— clause (i), the covered entity has— (1) not later than 2 years after the date of
(1) the term ‘‘appropriate committees of (I) been offered a covered incentive; enactment of this Act, and biennially there-
Congress’’ means— (II) made commitments to worker and after until the date that is 10 years after
(A) the Select Committee on Intelligence, community investment, including through— that date of enactment, conduct a review of
the Committee on Commerce, Science, and (aa) training and education benefits paid the program established under subsection
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Transportation, the Committee on Foreign by the covered entity; and (b), which shall include, at a minimum—
Relations, the Committee on Armed Serv- (bb) programs to expand employment op- (A) a determination of the number of in-
ices, the Committee on Appropriations, the portunity for economically disadvantaged stances in which grants were provided under
Committee on Banking, Housing, and Urban individuals; and that subsection during the period covered by
Affairs, and the Committee on Homeland Se- (III) secured commitments from regional the review in violation of a requirement of
curity and Governmental Affairs of the Sen- educational and training entities and insti- this section;
ate; and tutions of higher education to provide work- (B) an evaluation of how—
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3697
(i) the program is being carried out, includ- (B) have demonstrated an ongoing commit- the heads of other appropriate Federal de-
ing how recipients of grants are being se- ment to performing contracts for the Depart- partments and agencies, shall undertake a
lected under the program; and ment of Defense and the intelligence commu- review, which shall include a survey, using
(ii) other Federal programs are leveraged nity; authorities in section 705 of the Defense Pro-
for manufacturing, research, and training to (C) are approved by the Defense Counter- duction Act (50 U.S.C. 4555), to assess the ca-
complement the grants awarded under the intelligence and Security Agency or the Of- pabilities of the United States industrial
program; and fice of the Director of National Intelligence base to support the national defense in light
(C) a description of the outcomes of as presenting an acceptable security risk, of the global nature of the supply chain and
projects supported by grants made under the taking into account supply chain assurance significant interdependencies between the
program, including a description of— vulnerabilities, counterintelligence risks, United States industrial base and the indus-
(i) facilities described in subsection (a)(2) and any risks presented by companies whose trial base of foreign countries with respect
that were constructed, expanded, or modern- owners are located outside the United to the manufacture, design, and end use of
ized as a result of grants made under the pro- States; and microelectronics.
gram; (D) are evaluated periodically for foreign (b) RESPONSE TO SURVEY.—The Secretary
(ii) research and development carried out ownership, control, or influence by foreign shall ensure compliance with the survey
adversaries. from among all relevant potential respond-
with grants made under the program; and
(4) NONTRADITIONAL DEFENSE CONTRACTORS ents, including the following:
(iii) workforce training programs carried
AND COMMERCIAL ENTITIES.—Arrangements (1) Corporations, partnerships, associa-
out with grants made under the program, in-
entered into to carry out paragraph (1) shall tions, or any other organized groups domi-
cluding efforts to hire individuals from dis-
be in such form as the Secretary of Defense ciled and with substantial operations in the
advantaged populations; and
determines appropriate to encourage indus- United States.
(2) submit to the appropriate committees
try participation of nontraditional defense (2) Corporations, partnerships, associa-
of Congress the results of each review con-
contractors or commercial entities and may tions, or any other organized groups domi-
ducted under paragraph (1).
include a contract, a grant, a cooperative ciled in the United States with operations
SEC. 1092. DEPARTMENT OF DEFENSE.
agreement, a commercial agreement, the use outside the United States.
(a) DEPARTMENT OF DEFENSE EFFORTS.— (3) Foreign domiciled corporations, part-
of other transaction authority under section
(1) IN GENERAL.—The Secretary of Defense nerships, associations, or any other orga-
2371 of title 10, United States Code, or an-
shall, in consultation with the Secretary of nized groups with substantial operations or
other such arrangement.
Commerce, the Secretary of Homeland Secu- business presence in, or substantial revenues
(5) DISCHARGE.—The Secretary of Defense
rity, and the Director of National Intel- derived from, the United States.
shall carry out paragraph (1) jointly through
ligence, work with the private sector (4) Foreign domiciled corporations, part-
the Office of the Under Secretary of Defense
through a public-private partnership, includ- nerships, associations, or any other orga-
for Research and Engineering and the Office
ing by incentivizing the formation of a con- nized groups in defense treaty or assistance
of the Under Secretary of Defense for Acqui-
sortium of United States companies, to en- countries where the production of the entity
sition and Sustainment, or such other com-
sure the development and production of ad- concerned involves critical technologies cov-
ponent of the Department of Defense as the
vanced, measurably secure microelectronics ered by section 2.
Secretary considers appropriate.
for use by the Department of Defense, the in- (c) INFORMATION REQUESTED.—The informa-
(6) OTHER INITIATIVES.—The Secretary of
telligence community, critical infrastruc- tion sought from a responding entity pursu-
Defense shall dedicate initiatives within the
ture sectors, and other national security ap- ant to the survey required by subsection (a)
Department of Defense to advance radio fre-
plications. Such work may include providing shall include, at minimum, information on
quency, mixed signal, radiation tolerant, and
incentives for the creation, expansion, or the following with respect to the manufac-
radiation hardened microelectronics that
modernization of one or more commercially ture. design, or end use of microelectronics
support national security and dual-use appli-
competitive and sustainable microelec- by such entity:
cations.
tronics manufacturing or advanced research (1) An identification of the geographic
(7) REPORTS.—
and development facilities. scope of operations.
(A) REPORT BY SECRETARY OF DEFENSE.—
(2) RISK MITIGATION REQUIREMENTS.—A par- (2) Information on relevant cost struc-
Not later than 90 days after the date of the
ticipant in a consortium formed with incen- tures.
enactment of this Act, the Secretary of De-
tives under paragraph (1) shall— (3) An identification of types of microelec-
fense shall submit to Congress a report on
(A) have the potential to perform fabrica- tronics development, manufacture, assem-
the plans of the Secretary to carry out para-
tion, assembly, package, or test functions for bly, test, and packaging equipment in oper-
graph (1).
microelectronics deemed critical to national ation at such entity.
(B) BIENNIAL REPORTS BY COMPTROLLER
security as defined by export control regu- (4) An identification of all relevant intel-
GENERAL OF THE UNITED STATES.—Not later
latory agencies in consultation with the Na- lectual property, raw materials, and semi-
than 1 year after the date on which the Sec-
tional Security Adviser and the Secretary of finished goods and components sourced do-
retary submits the report required by sub-
Defense; mestically and abroad by such entity.
paragraph (A) and not less frequently than
(B) include management processes to iden- (5) Specifications of the microelectronics
once every 2 years thereafter for a period of
tify and mitigate supply chain security manufactured or designed by such entity, de-
10 years, the Comptroller General of the
risks; and scriptions of the end-uses of such microelec-
United States shall submit to Congress a re-
(C) be able to produce microelectronics tronics, and a description of any technical
port on the activities carried out under this
consistent with applicable measurably se- support provided to end-users of such micro-
subsection.
cure supply chain and operational security electronics by such entity.
(b) DEFENSE PRODUCTION ACT OF 1950 EF-
standards established under section 224(b) of FORTS.—
(6) Information on domestic and export
the National Defense Authorization Act for (1) IN GENERAL.—Not later than 120 days market sales by such entity.
Fiscal Year 2020 (Public Law 116–92). after the date of the enactment of this Act, (7) Information on the financial perform-
(3) NATIONAL SECURITY CONSIDERATIONS.— the President shall submit to Congress a re- ance, including income and expenditures, of
The Secretary of Defense and the Director of port on a plan for use by the Department of such entity.
National Intelligence shall select partici- Defense of authorities available in title III of (8) A list of all foreign and domestic sub-
pants for the consortium formed with incen- the Defense Production Act of 1950 (50 U.S.C. sidies, and any other financial incentives, re-
tives under paragraph (1). In selecting such 4531 et seq.) to establish and enhance a do- ceived by such entity in each market in
participants, the Secretary and the Director mestic production capability for microelec- which such entity operates.
may jointly consider whether the United tronics technologies and related tech- (9) A list of information requests from the
States companies— nologies, subject to the availability of appro- People’s Republic of China to such entity,
(A) have participated in previous programs priations for that purpose. and a description of the nature of each re-
and projects of the Department of Defense, (2) CONSULTATION.—The President shall de- quest and the type of information provided.
Department of Energy, or the intelligence velop the plan required by paragraph (1) in (10) Information on any joint ventures,
community, including— coordination with the Secretary of Defense, technology licensing agreements, and coop-
(i) the Trusted Integrated Circuit program and in consultation with the Secretary of erative research or production arrangements
of the Intelligence Advanced Research State, the Secretary of Commerce, and ap- of such entity.
Projects Activity; propriate stakeholders in the private sector. (11) A description of efforts by such entity
(ii) trusted and assured microelectronics to evaluate and control supply chain risks it
SEC. 1093. DEPARTMENT OF COMMERCE STUDY
projects, as administered by the Department ON STATUS OF MICROELECTRONICS faces.
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of Defense; TECHNOLOGIES IN THE UNITED (12) A list and description of any sales, li-
(iii) the Electronics Resurgence Initiative STATES INDUSTRIAL BASE. censing agreements, or partnerships between
(ERI) program of the Defense Advanced Re- (a) IN GENERAL.—Commencing not later such entity and the People’s Liberation
search Projects Agency; or than 120 days after the date of the enactment Army or People’s Armed Police, including
(iv) relevant semiconductor research pro- of this Act, the Secretary of Commerce and any business relationships with entities
grams of Advanced Research Projects Agen- the Secretary of Homeland Security, in con- through which such sales, licensing agree-
cy–Energy; sultation with the Secretary of Defense and ments, or partnerships may occur.
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S3698 CONGRESSIONAL RECORD — SENATE June 29, 2020
(d) REPORT.— (1) IN GENERAL.—The Secretary of State, in SEC. 1095.ADVANCED SEMICONDUCTOR RE-
(1) IN GENERAL.—The Secretary of Com- consultation with the Secretary of Com- SEARCH AND DESIGN.
merce shall, in consultation with the Sec- merce, the Secretary of Defense, the Sec- (a) APPROPRIATE COMMITTEES OF CON-
retary of Defense, the Secretary of Homeland retary of Homeland Security, the Secretary GRESS.— In this section, the term ‘‘appro-
Security, and the heads of other appropriate of the Treasury, and the Director of National priate committees of Congress’’ means—
Federal departments and agencies, submit to Intelligence, shall seek to establish a com- (1) the Committee on Intelligence, the
Congress a report on the results of the re- mon funding mechanism, in coordination Committee on Commerce, Science, and
view required by subsection (a). The report with the governments of countries that are Transportation, the Committee on Foreign
shall include the following: partners of the United States, that uses Relations, the Committee on Armed Serv-
(A) An assessment of the results of the sur- amounts from the Fund, and amounts com- ices, the Committee on Energy and Natural
vey. mitted by such governments, to support the Resources, the Committee on Appropria-
(B) A list of critical technology areas im- development and adoption of secure micro- tions, the Committee on Banking, Housing,
pacted by potential disruptions in produc- electronics and secure microelectronics sup- and Urban Affairs, and the Committee on
tion of microelectronics, and a detailed de- ply chains, including for use in research and Homeland Security and Governmental Af-
scription and assessment of the impact of development collaborations among countries fairs of the Senate; and
such potential disruptions on such areas. participating in the common funding mecha- (2) the Permanent Select Committee on In-
(C) A description and assessment of gaps nism. telligence, the Committee on Energy and
and vulnerabilities in the microelectronics (2) MUTUAL COMMITMENTS.—The Secretary Commerce, the Committee on Foreign Af-
supply chain and the national industrial sup- of State, in consultation with the United fairs, the Committee on Armed Services, the
ply base. States Trade Representative, the Secretary Committee on Science, Space, and Tech-
(2) FORM.— The report required by para- of the Treasury, and the Secretary of Com- nology, the Committee on Financial Serv-
graph (1) may be submitted in classified merce, shall seek to negotiate a set of mu- ices, and the Committee on Homeland Secu-
form. tual commitments with the governments of rity of the House of Representatives.
SEC. 1094. FUNDING FOR DEVELOPMENT AND countries that are partners of the United (b) SENSE OF CONGRESS.—It is the sense of
ADOPTION OF MEASURABLY SECURE States upon which to condition any expendi- Congress that the leadership of the United
MICROELECTRONICS AND MEASUR- ture of funds pursuant to the common fund- States in semiconductor technology and in-
ABLY SECURE MICROELECTRONICS ing mechanism described in paragraph (1). novation is critical to the economic growth
SUPPLY CHAINS. Such commitments shall, at a minimum— and national security of the United States.
(a) MULTILATERAL MICROELECTRONICS SECU- (A) establish transparency requirements (c) SUBCOMMITTEE ON SEMICONDUCTOR
RITY FUND.— for any subsidies or other financial benefits LEADERSHIP.—
(1) ESTABLISHMENT OF FUND.—There is es- (including revenue foregone) provided to (1) ESTABLISHMENT REQUIRED.—The Presi-
tablished in the Treasury of the United microelectronics firms located in or outside dent shall establish in the National Science
States a trust fund, to be known as the such countries; and Technology Council a subcommittee on
‘‘Multilateral Microelectronics Security (B) establish consistent policies with re- matters relating to leadership of the United
Fund’’ (in this section referred to as the spect to countries that— States in semiconductor technology and in-
‘‘Fund’’), consisting of such amounts as may (i) are not participating in the common novation.
be appropriated to such Fund and any funding mechanism; and (2) DUTIES.—The duties of the sub-
amounts that may be credited to the Fund (ii) do not meet transparency requirements committee established under paragraph (1)
under paragraph (2). established under subparagraph (A); are as follows:
(2) INVESTMENT OF AMOUNTS.— (C) promote harmonized treatment of (A) NATIONAL STRATEGY ON SEMICONDUCTOR
(A) INVESTMENT OF AMOUNTS.—The Sec- microelectronics and verification processes RESEARCH.—
retary of the Treasury shall invest such por- for items being exported to a country consid- (i) DEVELOPMENT.—In coordination with
tion of the Fund as is not required to meet ered a national security risk by a country the Secretary of Defense, the Secretary of
current withdrawals in interest-bearing obli- participating in the common funding mecha- Energy, the Secretary of State, the Sec-
gations of the United States or in obliga- nism; retary of Commerce, the Secretary of Home-
tions guaranteed as to both principal and in- (D) establish consistent policies and com- land Security, the Director of the National
terest by the United States. mon external policies to address nonmarket Science Foundation, and the Director of the
(B) INTEREST AND PROCEEDS.—The interest economies as the behavior of such countries National Institute of Standards and Tech-
on, and the proceeds from the sale or re- pertains to microelectronics; nology and in consultation with the semi-
demption of, any obligations held in the (E) align policies on supply chain integrity conductor industry and academia, develop a
Fund shall be credited to and form a part of and microelectronics security, including national strategy on semiconductor re-
the Fund. with respect to protection and enforcement search, development, manufacturing, and
(3) USE OF FUND.— of intellectual property rights; and supply chain security, including guidance for
(A) IN GENERAL.—Subject to subparagraph (F) promote harmonized foreign direct in- the funding of research, and strengthening of
(B), amounts in the Fund shall be available, vestment screening measures with respect to the domestic microelectronics workforce.
as provided in advance in an appropriations microelectronics to align with national and (ii) REPORTING AND UPDATES.—Not less fre-
Act, to the Secretary of State— multilateral security priorities. quently than once every 5 years, to update
(i) to provide funding through the common (c) ANNUAL REPORT TO CONGRESS.—Not the strategy developed under clause (i) and
funding mechanism described in subsection later than one year after the date of the en- to submit the revised strategy to the appro-
(b)(1) to support the development and adop- actment of this Act, and annually thereafter priate committees of Congress.
tion of measurably secure microelectronics for each fiscal year during which amounts in (iii) IMPLEMENTATION.—In coordination
and measurably secure microelectronics sup- the Fund are available under subsection with the Secretary of Defense, the Secretary
ply chains; and (a)(4), the Secretary of State shall submit to of Energy, the Secretary of State, the Sec-
(ii) to otherwise carry out this section. Congress a report on the status of the imple- retary of Commerce, the Secretary of Home-
(B) AVAILABILITY CONTINGENT ON INTER- mentation of this section that includes a de- land Security, the Director of the National
NATIONAL AGREEMENT.—Amounts in the Fund scription of— Science Foundation, and the Director of the
shall be available to the Secretary of State (1) any commitments made by the govern- National Institute of Standards and Tech-
on and after the date on which the Secretary ments of countries that are partners of the nology, on an annual basis coordinate and
enters into an agreement with the govern- United States to providing funding for the recommend each agency’s semiconductor re-
ments of countries that are partners of the common funding mechanism described in lated research and development programs
United States to participate in the common subsection (b)(1) and the specific amount so and budgets to ensure consistency with the
funding mechanism under paragraph (1) of committed; National Semiconductor Strategy.
subsection (b) and the commitments de- (2) the criteria established for expenditure (B) FOSTERING COORDINATION OF RESEARCH
scribed in paragraph (2) of that subsection. of funds through the common funding mech- AND DEVELOPMENT.—To foster the coordina-
(4) AVAILABILITY OF AMOUNTS.— anism; tion of semiconductor research and develop-
(A) IN GENERAL.—Amounts in the Fund (3) how, and to whom, amounts have been ment.
shall remain available through the end of the expended from the Fund; (3) SUNSET.—The subcommittee established
tenth fiscal year beginning after the date of (4) amounts remaining in the Fund; under paragraph (1) shall terminate on the
the enactment of this Act. (5) the progress of the Secretary of State date that is 10 years after the date of enact-
(B) REMAINDER TO TREASURY.—Any toward entering into an agreement with the ment of this Act.
amounts remaining in the Fund after the end governments of countries that are partners (d) INDUSTRIAL ADVISORY COMMITTEE.—The
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of the fiscal year described in subparagraph of the United States to participate in the President shall establish a standing sub-
(A) shall be deposited in the general fund of common funding mechanism and the com- committee of the President’s Council of Ad-
the Treasury. mitments described in subsection (b)(2); and visors on Science and Technology to advise
(b) COMMON FUNDING MECHANISM FOR DE- (6) any additional authorities needed to en- the United States Government on matters
VELOPMENT AND ADOPTION OF MEASURABLY hance the effectiveness of the Fund in relating to microelectronics policy.
SECURE MICROELECTRONICS AND MEASURABLY achieving the security goals of the United (e) NATIONAL SEMICONDUCTOR TECHNOLOGY
SECURE MICROELECTRONICS SUPPLY CHAINS.— States. CENTER.—
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3699
(1) ESTABLISHMENT.—The Secretary of funds and domestic control requirements to centive determined appropriate by the Sec-
Commerce shall establish a national semi- protect any such intellectual property from retary, in consultation with the Secretary of
conductor technology center to conduct re- foreign adversaries. State;
search and prototyping of advanced semicon- SEC. 1096. PROHIBITION RELATING TO FOREIGN (4) the term ‘‘foreign adversary’’ means
ductor technology to strengthen the eco- ADVERSARIES. any foreign government or foreign non-
nomic competitiveness and security of the None of the funds appropriated pursuant to government person that is engaged in a long-
domestic supply chain, which will be oper- an authorization in this subtitle may be pro- term pattern, or is involved in a serious in-
ated as a public private-sector consortium vided to an entity— stance, of conduct that is significantly ad-
with participation from the private sector, (1) under the foreign ownership, control, or verse to—
the Department of Defense, the Department influence of the Government of the People’s (A) the national security of the United
of Energy, the Department of Homeland Se- Republic of China or the Chinese Communist States or an ally of the United States; or
curity, the National Science Foundation, Party, or other foreign adversary (as defined (B) the security and safety of United
and the National Institute of Standards and in section 1091(a)(4)); or States persons;
Technology (2) determined to have beneficial owner- (5) the term ‘‘governmental entity’’ means
(2) FUNCTIONS.—The functions of the center ship from foreign individuals subject to the a State or local government;
established under paragraph (1) shall be as jurisdiction, direction, or influence of for- (6) the term ‘‘Secretary’’ means the Sec-
follows: eign adversaries (as so defined). retary of Commerce; and
(A) To conduct advanced semiconductor (7) the term ‘‘semiconductor’’ has the
manufacturing, design research and proto- SA 2245. Mr. CORNYN (for himself, meaning given the term by the Secretary.
typing that strengthens the entire domestic Mr. COTTON, Mr. SCHUMER, Mr. WAR- (b) GRANT PROGRAM.—
ecosystem and is aligned with the National NER, Ms. COLLINS, Mr. TILLIS, Mrs.
(1) IN GENERAL.—The Secretary shall estab-
Strategy on Semiconductor Research. lish in the Department of Commerce a pro-
BLACKBURN, Mr. HAWLEY, Mr. DAINES, gram that, in accordance with the require-
(B) To establish a National Advanced
Packaging Manufacturing Program led by Mrs. GILLIBRAND, Mr. KING, Mr. JONES, ments of this section, provides grants to cov-
the National Institute of Standards and Ms. SINEMA, and Mr. RUBIO) submitted ered entities.
Technology, in coordination with the Center, an amendment intended to be proposed (2) PROCEDURE.—
to strengthen semiconductor advanced test, by him to the bill S. 4049, to authorize (A) IN GENERAL.—A covered entity shall
assembly, and packaging capability in the appropriations for fiscal year 2021 for submit to the Secretary an application that
domestic ecosystem, and which shall coordi- military activities of the Department describes the project for which the covered
nate with the Manufacturing USA institute entity is seeking a grant under this section.
of Defense, for military construction, (B) ELIGIBILITY.—In order for a covered en-
established under paragraph (4).
(C) To establish an investment fund, in and for defense activities of the De- tity to qualify for a grant under this section,
partnership with the private sector, to sup- partment of Energy, to prescribe mili- the covered entity shall demonstrate to the
port startups in the domestic semiconductor tary personnel strengths for such fiscal Secretary, in the application submitted by
ecosystem. year, and for other purposes; which was the covered entity under subparagraph (A),
(D) To establish a Semiconductor Manufac- ordered to lie on the table; as follows: that—
turing Program through the Director of the At the end of title X, add the following: (i) the covered entity has a documented in-
National Institute of Standards and Tech- terest in constructing, expanding, or mod-
Subtitle H—Semiconductor Manufacturing ernizing a facility described in subsection
nology to enable advances and break-
Incentives (a)(2); and
throughs in measurement science, standards,
material characterization, instrumentation, SEC. 1091. SEMICONDUCTOR INCENTIVE GRANTS. (ii) with respect to the project described in
testing, and manufacturing capabilities that (a) DEFINITIONS.—In this section— clause (i), the covered entity has—
will accelerate the underlying research and (1) the term ‘‘appropriate committees of (I) been offered a covered incentive;
development for metrology of next genera- Congress’’ means— (II) made commitments to worker and
tion semiconductors and ensure the competi- (A) the Select Committee on Intelligence, community investment, including through—
tiveness and leadership of the United States the Committee on Commerce, Science, and (aa) training and education benefits paid
within this sector. Transportation, the Committee on Foreign by the covered entity; and
(E) To work with the Secretary of Labor, Relations, the Committee on Armed Serv- (bb) programs to expand employment op-
the private sector, educational institutions, ices, the Committee on Appropriations, the portunity for economically disadvantaged
and workforce training entities to develop Committee on Banking, Housing, and Urban individuals; and
workforce training programs and apprentice- Affairs, and the Committee on Homeland Se- (III) secured commitments from regional
ships in advanced microelectronic packaging curity and Governmental Affairs of the Sen- educational and training entities and insti-
capabilities. ate; and tutions of higher education to provide work-
(3) COMPONENTS.—The fund established (B) the Permanent Select Committee on force training, including programming for
under paragraph (2)(C) shall cover the fol- Intelligence, the Committee on Energy and training and job placement of economically
lowing: Commerce, the Committee on Foreign Af- disadvantaged individuals.
(A) Advanced metrology and characteriza- fairs, the Committee on Armed Services, the (C) CONSIDERATIONS FOR REVIEW.—With re-
tion for manufacturing of microchips using 3 Committee on Science, Space, and Tech- spect to the review by the Secretary of an
nanometer transistor processes or more ad- nology, the Committee on Appropriations, application submitted by a covered entity
vanced processes. the Committee on Financial Services, and under subparagraph (A)—
(B) Metrology for security and supply the Committee on Homeland Security of the (i) the Secretary may not approve the ap-
chain verification. House of Representatives; plication unless the Secretary—
(4) CREATION OF A MANUFACTURING USA IN- (2) the term ‘‘covered entity’’ means a pri- (I) confirms that the covered entity has
STITUTE.—The fund established under para- vate entity, a consortium of private entities, satisfied the eligibility criteria under sub-
graph (2)(C) may also cover the creation of a or a consortium of public and private enti- paragraph (B); and
Manufacturing USA institute described in ties with a demonstrated ability to con- (II) determines that the project to which
section 34(d) of the National Institute of struct, expand, or modernize a facility relat- the application relates is in the interest of
Standards and Technology Act (15 U.S.C. ing to the fabrication, assembly, testing, ad- the United States; and
278s(d)) that is focused on semiconductor vanced packaging, or advanced research and (ii) the Secretary may consider whether—
manufacturing. Such institute may empha- development of semiconductors; (I) the covered entity has previously re-
size the following: (3) the term ‘‘covered incentive’’— ceived a grant made under this subsection;
(A) Research to support the virtualization (A) means an incentive offered by a govern- and
and automation of maintenance of semicon- mental entity to a covered entity for the (II) the governmental entity offering the
ductor machinery. purposes of constructing within the jurisdic- applicable covered incentive has benefitted
(B) Development of new advanced test, as- tion of the governmental entity, or expand- from a grant previously made under this sub-
sembly and packaging capabilities. ing or modernizing an existing facility with- section.
(C) Developing and deploying educational in that jurisdiction, a facility described in (3) AMOUNT.—The amount of a grant made
and skills training curricula needed to sup- paragraph (2); and by the Secretary to a covered entity under
port the industry sector and ensure the U.S. (B) includes any tax incentive (such as an this subsection shall be in an amount that is
can build and maintain a trusted and pre- incentive or reduction with respect to em- not more than $3,000,000,000.
dictable talent pipeline. ployment or payroll taxes or a tax abate- (4) USE OF FUNDS.—A covered entity that
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(f) DOMESTIC PRODUCTION REQUIREMENTS.— ment with respect to personal or real prop- receives a grant under this subsection may
The head of any executive agency receiving erty), a workforce-related incentive (includ- only use the grant amounts to—
funding under this section shall develop poli- ing a grant agreement relating to workforce (A) finance the construction, expansion, or
cies to require domestic production, to the training or vocational education), any con- modernization of a facility described in sub-
extent possible, for any intellectual property cession with respect to real property, fund- section (a)(2), as documented in the applica-
resulting from microelectronics research and ing for research and development with re- tion submitted by the covered entity under
development conducted as a result of these spect to semiconductors, and any other in- paragraph (2)(A), or for similar uses in state
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S3700 CONGRESSIONAL RECORD — SENATE June 29, 2020
of practice and legacy facilities, as deter- ing by incentivizing the formation of a con- of the Under Secretary of Defense for Acqui-
mined necessary by the Secretary for pur- sortium of United States companies, to en- sition and Sustainment, or such other com-
poses relating to the national security and sure the development and production of ad- ponent of the Department of Defense as the
economic competitiveness of the United vanced, measurably secure microelectronics Secretary considers appropriate.
States; for use by the Department of Defense, the in- (6) OTHER INITIATIVES.—The Secretary of
(B) support workforce development for the telligence community, critical infrastruc- Defense shall dedicate initiatives within the
facility described in subparagraph (A); or ture sectors, and other national security ap- Department of Defense to advance radio fre-
(C) support site development for the facil- plications. Such work may include providing quency, mixed signal, radiation tolerant, and
ity described in subparagraph (A). incentives for the creation, expansion, or radiation hardened microelectronics that
(5) CLAWBACK.—The Secretary shall re- modernization of one or more commercially support national security and dual-use appli-
cover the full amount of a grant provided to competitive and sustainable microelec- cations.
a covered entity under this subsection if— tronics manufacturing or advanced research (7) REPORTS.—
(A) as of the date that is 5 years after the and development facilities. (A) REPORT BY SECRETARY OF DEFENSE.—
date on which the Secretary makes the (2) RISK MITIGATION REQUIREMENTS.—A par- Not later than 90 days after the date of the
grant, the project to which the grant relates ticipant in a consortium formed with incen- enactment of this Act, the Secretary of De-
has not been completed, except that the Sec- tives under paragraph (1) shall— fense shall submit to Congress a report on
retary may issue a waiver with respect to (A) have the potential to perform fabrica- the plans of the Secretary to carry out para-
the requirement under this subparagraph if tion, assembly, package, or test functions for graph (1).
the Secretary determines that issuing such a microelectronics deemed critical to national (B) BIENNIAL REPORTS BY COMPTROLLER
waiver is appropriate and in the interests of security as defined by export control regu- GENERAL OF THE UNITED STATES.—Not later
the United States; or latory agencies in consultation with the Na- than 1 year after the date on which the Sec-
(B) during the applicable term with respect tional Security Adviser and the Secretary of retary submits the report required by sub-
to the grant, the covered entity engages in Defense; paragraph (A) and not less frequently than
any joint research or technology licensing (B) include management processes to iden- once every 2 years thereafter for a period of
effort— tify and mitigate supply chain security 10 years, the Comptroller General of the
(i) with the Government of the People’s risks; and United States shall submit to Congress a re-
Republic of China, the Government of the (C) be able to produce microelectronics port on the activities carried out under this
Russian Federation, the Government of Iran, consistent with applicable measurably se- subsection.
cure supply chain and operational security (b) DEFENSE PRODUCTION ACT OF 1950 EF-
the Government of North Korea, or another
standards established under section 224(b) of FORTS.—
foreign adversary; and
the National Defense Authorization Act for (1) IN GENERAL.—Not later than 120 days
(ii) that relates to a sensitive technology
Fiscal Year 2020 (Public Law 116–92). after the date of the enactment of this Act,
or product, as determined by the Secretary.
(3) NATIONAL SECURITY CONSIDERATIONS.— the President shall submit to Congress a re-
(c) CONSULTATION AND COORDINATION RE-
The Secretary of Defense and the Director of port on a plan for use by the Department of
QUIRED.—In carrying out the program estab-
National Intelligence shall select partici- Defense of authorities available in title III of
lished under subsection (b), the Secretary
pants for the consortium formed with incen- the Defense Production Act of 1950 (50 U.S.C.
shall consult and coordinate with the Sec-
tives under paragraph (1). In selecting such 4531 et seq.) to establish and enhance a do-
retary of State and the Secretary of Defense.
participants, the Secretary and the Director mestic production capability for microelec-
(d) GAO REVIEWS.—The Comptroller Gen- tronics technologies and related tech-
may jointly consider whether the United
eral of the United States shall— nologies, subject to the availability of appro-
States companies—
(1) not later than 2 years after the date of priations for that purpose.
(A) have participated in previous programs
enactment of this Act, and biennially there- (2) CONSULTATION.—The President shall de-
and projects of the Department of Defense,
after until the date that is 10 years after velop the plan required by paragraph (1) in
Department of Energy, or the intelligence
that date of enactment, conduct a review of coordination with the Secretary of Defense,
community, including—
the program established under subsection and in consultation with the Secretary of
(i) the Trusted Integrated Circuit program
(b), which shall include, at a minimum— State, the Secretary of Commerce, and ap-
of the Intelligence Advanced Research
(A) a determination of the number of in- Projects Activity; propriate stakeholders in the private sector.
stances in which grants were provided under (ii) trusted and assured microelectronics SEC. 1093. DEPARTMENT OF COMMERCE STUDY
that subsection during the period covered by projects, as administered by the Department ON STATUS OF MICROELECTRONICS
the review in violation of a requirement of of Defense; TECHNOLOGIES IN THE UNITED
this section; (iii) the Electronics Resurgence Initiative
STATES INDUSTRIAL BASE.
(B) an evaluation of how— (ERI) program of the Defense Advanced Re- (a) IN GENERAL.—Commencing not later
(i) the program is being carried out, includ- search Projects Agency; or than 120 days after the date of the enactment
ing how recipients of grants are being se- (iv) relevant semiconductor research pro- of this Act, the Secretary of Commerce and
lected under the program; and the Secretary of Homeland Security, in con-
grams of Advanced Research Projects Agen-
(ii) other Federal programs are leveraged sultation with the Secretary of Defense and
cy–Energy;
for manufacturing, research, and training to the heads of other appropriate Federal de-
(B) have demonstrated an ongoing commit-
complement the grants awarded under the partments and agencies, shall undertake a
ment to performing contracts for the Depart-
program; and review, which shall include a survey, using
ment of Defense and the intelligence commu-
(C) a description of the outcomes of authorities in section 705 of the Defense Pro-
nity;
projects supported by grants made under the duction Act (50 U.S.C. 4555), to assess the ca-
(C) are approved by the Defense Counter-
program, including a description of— pabilities of the United States industrial
intelligence and Security Agency or the Of- base to support the national defense in light
(i) facilities described in subsection (a)(2) fice of the Director of National Intelligence
that were constructed, expanded, or modern- of the global nature of the supply chain and
as presenting an acceptable security risk, significant interdependencies between the
ized as a result of grants made under the pro- taking into account supply chain assurance
gram; United States industrial base and the indus-
vulnerabilities, counterintelligence risks, trial base of foreign countries with respect
(ii) research and development carried out and any risks presented by companies whose to the manufacture, design, and end use of
with grants made under the program; and owners are located outside the United microelectronics.
(iii) workforce training programs carried States; and (b) RESPONSE TO SURVEY.—The Secretary
out with grants made under the program, in- (D) are evaluated periodically for foreign shall ensure compliance with the survey
cluding efforts to hire individuals from dis- ownership, control, or influence by foreign from among all relevant potential respond-
advantaged populations; and adversaries. ents, including the following:
(2) submit to the appropriate committees (4) NONTRADITIONAL DEFENSE CONTRACTORS (1) Corporations, partnerships, associa-
of Congress the results of each review con- AND COMMERCIAL ENTITIES.—Arrangements tions, or any other organized groups domi-
ducted under paragraph (1). entered into to carry out paragraph (1) shall ciled and with substantial operations in the
(e) AUTHORIZATION OF APPROPRIATIONS.— be in such form as the Secretary of Defense United States.
There are authorized to be appropriated to determines appropriate to encourage indus- (2) Corporations, partnerships, associa-
the Secretary to carry out this section try participation of nontraditional defense tions, or any other organized groups domi-
$15,000,000,000 for fiscal year 2021, which shall contractors or commercial entities and may ciled in the United States with operations
remain available until September 30, 2031. include a contract, a grant, a cooperative outside the United States.
SEC. 1092. DEPARTMENT OF DEFENSE. agreement, a commercial agreement, the use (3) Foreign domiciled corporations, part-
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(a) DEPARTMENT OF DEFENSE EFFORTS.— of other transaction authority under section nerships, associations, or any other orga-
(1) IN GENERAL.—The Secretary of Defense 2371 of title 10, United States Code, or an- nized groups with substantial operations or
shall, in consultation with the Secretary of other such arrangement. business presence in, or substantial revenues
Commerce, the Secretary of Homeland Secu- (5) DISCHARGE.—The Secretary of Defense derived from, the United States.
rity, and the Director of National Intel- shall carry out paragraph (1) jointly through (4) Foreign domiciled corporations, part-
ligence, work with the private sector the Office of the Under Secretary of Defense nerships, associations, or any other orga-
through a public-private partnership, includ- for Research and Engineering and the Office nized groups in defense treaty or assistance
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3701
countries where the production of the entity ‘‘Multilateral Microelectronics Security (including revenue foregone) provided to
concerned involves critical technologies cov- Fund’’ (in this section referred to as the microelectronics firms located in or outside
ered by section 2. ‘‘Fund’’), consisting of amounts deposited such countries;
(c) INFORMATION REQUESTED.—The informa- into the Fund under paragraph (2) and any (B) establish consistent policies with re-
tion sought from a responding entity pursu- amounts that may be credited to the Fund spect to countries that—
ant to the survey required by subsection (a) under paragraph (3). (i) are not participating in the common
shall include, at minimum, information on (2) AUTHORIZATION OF APPROPRIATIONS.— funding mechanism; and
the following with respect to the manufac- There are authorized to be appropriated (ii) do not meet transparency requirements
ture. design, or end use of microelectronics $750,000,000 to be deposited in the Fund. established under subparagraph (A);
by such entity: (3) INVESTMENT OF AMOUNTS.— (C) promote harmonized treatment of
(1) An identification of the geographic (A) INVESTMENT OF AMOUNTS.—The Sec- microelectronics and verification processes
scope of operations. retary of the Treasury shall invest such por- for items being exported to a country consid-
(2) Information on relevant cost struc- tion of the Fund as is not required to meet ered a national security risk by a country
tures. current withdrawals in interest-bearing obli- participating in the common funding mecha-
(3) An identification of types of microelec- gations of the United States or in obliga- nism;
tronics development, manufacture, assem- tions guaranteed as to both principal and in- (D) establish consistent policies and com-
bly, test, and packaging equipment in oper- terest by the United States. mon external policies to address nonmarket
ation at such entity. (B) INTEREST AND PROCEEDS.—The interest economies as the behavior of such countries
(4) An identification of all relevant intel- on, and the proceeds from the sale or re- pertains to microelectronics;
lectual property, raw materials, and semi- demption of, any obligations held in the (E) align policies on supply chain integrity
finished goods and components sourced do- Fund shall be credited to and form a part of and microelectronics security, including
mestically and abroad by such entity. the Fund. with respect to protection and enforcement
(5) Specifications of the microelectronics (4) USE OF FUND.— of intellectual property rights; and
manufactured or designed by such entity, de- (A) IN GENERAL.—Subject to subparagraph (F) promote harmonized foreign direct in-
scriptions of the end-uses of such microelec- (B), amounts in the Fund shall be available, vestment screening measures with respect to
tronics, and a description of any technical as provided in advance in an appropriations microelectronics to align with national and
support provided to end-users of such micro- Act, to the Secretary of State— multilateral security priorities.
electronics by such entity. (i) to provide funding through the common (c) ANNUAL REPORT TO CONGRESS.—Not
(6) Information on domestic and export funding mechanism described in subsection later than one year after the date of the en-
market sales by such entity. (b)(1) to support the development and adop- actment of this Act, and annually thereafter
(7) Information on the financial perform- tion of measurably secure microelectronics for each fiscal year during which amounts in
ance, including income and expenditures, of and measurably secure microelectronics sup- the Fund are available under subsection
such entity. ply chains; and (a)(5), the Secretary of State shall submit to
(8) A list of all foreign and domestic sub- (ii) to otherwise carry out this section. Congress a report on the status of the imple-
sidies, and any other financial incentives, re- (B) AVAILABILITY CONTINGENT ON INTER- mentation of this section that includes a de-
ceived by such entity in each market in NATIONAL AGREEMENT.—Amounts in the Fund scription of—
which such entity operates. shall be available to the Secretary of State (1) any commitments made by the govern-
(9) A list of information requests from the on and after the date on which the Secretary ments of countries that are partners of the
People’s Republic of China to such entity, enters into an agreement with the govern- United States to providing funding for the
and a description of the nature of each re- ments of countries that are partners of the common funding mechanism described in
quest and the type of information provided. United States to participate in the common subsection (b)(1) and the specific amount so
(10) Information on any joint ventures, funding mechanism under paragraph (1) of committed;
technology licensing agreements, and coop- subsection (b) and the commitments de- (2) the criteria established for expenditure
erative research or production arrangements scribed in paragraph (2) of that subsection. of funds through the common funding mech-
of such entity. (5) AVAILABILITY OF AMOUNTS.— anism;
(11) A description of efforts by such entity (A) IN GENERAL.—Amounts in the Fund (3) how, and to whom, amounts have been
to evaluate and control supply chain risks it shall remain available through the end of the expended from the Fund;
faces. tenth fiscal year beginning after the date of (4) amounts remaining in the Fund;
(12) A list and description of any sales, li- the enactment of this Act. (5) the progress of the Secretary of State
(B) REMAINDER TO TREASURY.—Any toward entering into an agreement with the
censing agreements, or partnerships between
such entity and the People’s Liberation amounts remaining in the Fund after the end governments of countries that are partners
Army or People’s Armed Police, including of the fiscal year described in subparagraph of the United States to participate in the
any business relationships with entities (A) shall be deposited in the general fund of common funding mechanism and the com-
through which such sales, licensing agree- the Treasury. mitments described in subsection (b)(2); and
(b) COMMON FUNDING MECHANISM FOR DE- (6) any additional authorities needed to en-
ments, or partnerships may occur.
VELOPMENT AND ADOPTION OF MEASURABLY
(d) REPORT.— hance the effectiveness of the Fund in
SECURE MICROELECTRONICS AND MEASURABLY achieving the security goals of the United
(1) IN GENERAL.—The Secretary of Com-
SECURE MICROELECTRONICS SUPPLY CHAINS.—
merce shall, in consultation with the Sec- States.
(1) IN GENERAL.—The Secretary of State, in
retary of Defense, the Secretary of Homeland SEC. 1095.ADVANCED SEMICONDUCTOR RE-
consultation with the Secretary of Com- SEARCH AND DESIGN.
Security, and the heads of other appropriate
merce, the Secretary of Defense, the Sec- (a) APPROPRIATE COMMITTEES OF CON-
Federal departments and agencies, submit to
retary of Homeland Security, the Secretary GRESS.— In this section, the term ‘‘appro-
Congress a report on the results of the re-
of the Treasury, and the Director of National priate committees of Congress’’ means—
view required by subsection (a). The report
Intelligence, shall seek to establish a com- (1) the Committee on Intelligence, the
shall include the following:
mon funding mechanism, in coordination Committee on Commerce, Science, and
(A) An assessment of the results of the sur-
with the governments of countries that are Transportation, the Committee on Foreign
vey.
partners of the United States, that uses Relations, the Committee on Armed Serv-
(B) A list of critical technology areas im-
amounts from the Fund, and amounts com- ices, the Committee on Energy and Natural
pacted by potential disruptions in produc-
mitted by such governments, to support the Resources, the Committee on Appropria-
tion of microelectronics, and a detailed de-
development and adoption of secure micro- tions, the Committee on Banking, Housing,
scription and assessment of the impact of
electronics and secure microelectronics sup- and Urban Affairs, and the Committee on
such potential disruptions on such areas.
ply chains, including for use in research and Homeland Security and Governmental Af-
(C) A description and assessment of gaps
development collaborations among countries fairs of the Senate; and
and vulnerabilities in the microelectronics
participating in the common funding mecha- (2) the Permanent Select Committee on In-
supply chain and the national industrial sup-
nism. telligence, the Committee on Energy and
ply base.
(2) MUTUAL COMMITMENTS.—The Secretary Commerce, the Committee on Foreign Af-
(2) FORM.— The report required by para-
of State, in consultation with the United fairs, the Committee on Armed Services, the
graph (1) may be submitted in classified
States Trade Representative, the Secretary Committee on Science, Space, and Tech-
form.
of the Treasury, and the Secretary of Com- nology, the Committee on Financial Serv-
SEC. 1094. FUNDING FOR DEVELOPMENT AND
ADOPTION OF MEASURABLY SECURE merce, shall seek to negotiate a set of mu- ices, and the Committee on Homeland Secu-
MICROELECTRONICS AND MEASUR- tual commitments with the governments of rity of the House of Representatives.
dlhill on DSK120RN23PROD with SENATE
ABLY SECURE MICROELECTRONICS countries that are partners of the United (b) SENSE OF CONGRESS.—It is the sense of
SUPPLY CHAINS. States upon which to condition any expendi- Congress that the leadership of the United
(a) MULTILATERAL MICROELECTRONICS SECU- ture of funds pursuant to the common fund- States in semiconductor technology and in-
RITY FUND.— ing mechanism described in paragraph (1). novation is critical to the economic growth
(1) ESTABLISHMENT OF FUND.—There is es- Such commitments shall, at a minimum— and national security of the United States.
tablished in the Treasury of the United (A) establish transparency requirements (c) SUBCOMMITTEE ON SEMICONDUCTOR
States a trust fund, to be known as the for any subsidies or other financial benefits LEADERSHIP.—
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S3702 CONGRESSIONAL RECORD — SENATE June 29, 2020
(1) ESTABLISHMENT REQUIRED.—The Presi- nate with the Manufacturing USA institute (3) SEMICONDUCTOR RESEARCH AT DEPART-
dent shall establish in the National Science established under paragraph (4). MENT OF ENERGY.—There is authorized to be
and Technology Council a subcommittee on (C) To establish an investment fund, in appropriated to carry out programs at the
matters relating to leadership of the United partnership with the private sector, to sup- Department of Energy, including the Na-
States in semiconductor technology and in- port startups in the domestic semiconductor tional Laboratories, on semiconductor re-
novation. ecosystem. search, in alignment with the National
(2) DUTIES.—The duties of the sub- (D) To establish a Semiconductor Manufac- Strategy on Semiconductor Research,
committee established under paragraph (1) turing Program through the Director of the $2,000,000,000 for fiscal year 2021, with such
are as follows: National Institute of Standards and Tech- amount to remain available for such purpose
(A) NATIONAL STRATEGY ON SEMICONDUCTOR nology to enable advances and break- through fiscal year 2025.
RESEARCH.— throughs in measurement science, standards, (4) MICROELECTRONICS RESEARCH AT THE NA-
(i) DEVELOPMENT.—In coordination with material characterization, instrumentation, TIONAL INSTITUTE OF STANDARDS AND TECH-
the Secretary of Defense, the Secretary of testing, and manufacturing capabilities that NOLOGY.—There is authorized to be appro-
Energy, the Secretary of State, the Sec- will accelerate the underlying research and priated to carry out microelectronics re-
retary of Commerce, the Secretary of Home- development for metrology of next genera- search at the National Institute of Standards
land Security, the Director of the National tion semiconductors and ensure the competi- and Technology $250,000,000 for fiscal year
Science Foundation, and the Director of the tiveness and leadership of the United States 2021, with such amount to remain available
National Institute of Standards and Tech- within this sector. for such purpose through fiscal year 2025.
nology and in consultation with the semi- (E) To work with the Secretary of Labor, (5) SUPPLEMENT NOT SUPPLANT.—The
conductor industry and academia, develop a the private sector, educational institutions, amounts authorized to be appropriated under
national strategy on semiconductor re- and workforce training entities to develop paragraphs (1) through (5) shall supplement
search, development, manufacturing, and workforce training programs and apprentice- and not supplant amounts already appro-
supply chain security, including guidance for ships in advanced microelectronic packaging priated to carry out the purposes described
the funding of research, and strengthening of capabilities. in such paragraphs.
the domestic microelectronics workforce. (3) COMPONENTS.—The fund established (g) DOMESTIC PRODUCTION REQUIREMENTS.—
(ii) REPORTING AND UPDATES.—Not less fre- under paragraph (2)(C) shall cover the fol- The head of any executive agency receiving
quently than once every 5 years, to update lowing: funding under this section shall develop poli-
the strategy developed under clause (i) and (A) Advanced metrology and characteriza- cies to require domestic production, to the
to submit the revised strategy to the appro- tion for manufacturing of microchips using 3 extent possible, for any intellectual property
priate committees of Congress. nanometer transistor processes or more ad- resulting from microelectronics research and
(iii) IMPLEMENTATION.—In coordination vanced processes. development conducted as a result of these
with the Secretary of Defense, the Secretary (B) Metrology for security and supply funds and domestic control requirements to
of Energy, the Secretary of State, the Sec- chain verification. protect any such intellectual property from
retary of Commerce, the Secretary of Home- (4) CREATION OF A MANUFACTURING USA IN- foreign adversaries.
land Security, the Director of the National STITUTE.—The fund established under para- SEC. 1096. PROHIBITION RELATING TO FOREIGN
ADVERSARIES.
Science Foundation, and the Director of the graph (2)(C) may also cover the creation of a
None of the funds appropriated pursuant to
National Institute of Standards and Tech- Manufacturing USA institute described in
an authorization in this subtitle may be pro-
nology, on an annual basis coordinate and section 34(d) of the National Institute of
vided to an entity—
recommend each agency’s semiconductor re- Standards and Technology Act (15 U.S.C.
(1) under the foreign ownership, control, or
lated research and development programs 278s(d)) that is focused on semiconductor
influence of the Government of the People’s
and budgets to ensure consistency with the manufacturing. Such institute may empha-
Republic of China or the Chinese Communist
National Semiconductor Strategy. size the following:
Party, or other foreign adversary (as defined
(B) FOSTERING COORDINATION OF RESEARCH (A) Research to support the virtualization
in section 1091(a)(4)); or
AND DEVELOPMENT.—To foster the coordina- and automation of maintenance of semicon-
(2) determined to have beneficial owner-
tion of semiconductor research and develop- ductor machinery.
ship from foreign individuals subject to the
ment. (B) Development of new advanced test, as-
jurisdiction, direction, or influence of for-
(3) SUNSET.—The subcommittee established sembly and packaging capabilities.
eign adversaries (as so defined).
under paragraph (1) shall terminate on the (C) Developing and deploying educational
date that is 10 years after the date of enact- and skills training curricula needed to sup- SA 2246. Mr. INHOFE submitted an
ment of this Act. port the industry sector and ensure the U.S.
amendment intended to be proposed by
(d) INDUSTRIAL ADVISORY COMMITTEE.—The can build and maintain a trusted and pre-
dictable talent pipeline.
him to the bill S. 4049, to authorize ap-
President shall establish a standing sub-
committee of the President’s Council of Ad-
propriations for fiscal year 2021 for
(f) AUTHORIZATIONS OF APPROPRIATIONS.—
visors on Science and Technology to advise military activities of the Department
(1) NATIONAL SEMICONDUCTOR TECHNOLOGY
the United States Government on matters CENTER.—There is authorized to be appro-
of Defense, for military construction,
relating to microelectronics policy. priated to carry out subsection (d), and for defense activities of the De-
(e) NATIONAL SEMICONDUCTOR TECHNOLOGY $9,050,000,000 for fiscal year 2021, with such partment of Energy, to prescribe mili-
CENTER.— amount to remain available for such purpose tary personnel strengths for such fiscal
(1) ESTABLISHMENT.—The Secretary of through fiscal year 2030— year, and for other purposes; which was
Commerce shall establish a national semi- (A) of which, $3,000,000,000 shall be avail- ordered to lie on the table; as follows:
conductor technology center to conduct re- able to carry out subsection (e)(2)(A); In section 883(a), strike ‘‘October 1’’ and in-
search and prototyping of advanced semicon- (B) of which, $5,000,000,000 shall be avail- sert ‘‘September 30’’.
ductor technology to strengthen the eco- able to carry out subsection (e)(2)(B)
nomic competitiveness and security of the (C) of which, $500,000,000 shall be available SA 2247. Mr. INHOFE submitted an
domestic supply chain, which will be oper- to carry out subsection (e)(2)(C) amendment intended to be proposed by
ated as a public private-sector consortium (D) of which, $500,000,000 shall be available him to the bill S. 4049, to authorize ap-
with participation from the private sector, to carry out subsection (e)(2)(D)— propriations for fiscal year 2021 for
the Department of Defense, the Department (i) of which, $20,000,000 shall be available
military activities of the Department
of Energy, the Department of Homeland Se- for each of fiscal years 2021 through 2025 to
curity, the National Science Foundation, carry out subsection (e)(3)(A); of Defense, for military construction,
and the National Institute of Standards and (ii) of which, $20,000,000 shall be available and for defense activities of the De-
Technology for each of fiscal years 2021 through 2025 to partment of Energy, to prescribe mili-
(2) FUNCTIONS.—The functions of the center carry out subsection (e)(3)(B); and tary personnel strengths for such fiscal
established under paragraph (1) shall be as (iii) of which, $50,000,000 shall be available year, and for other purposes; which was
follows: for each of fiscal years 2021 through 2025 to ordered to lie on the table; as follows:
(A) To conduct advanced semiconductor carry out subsection (e)(4); and At the end of subtitle G of title XII, add
manufacturing, design research and proto- (E) of which, $50,000,000 shall be available the following:
typing that strengthens the entire domestic to carry out subsection (e)(2)(E). SEC. 1287. SENSE OF SENATE ON DEFENSE
ecosystem and is aligned with the National (2) SEMICONDUCTOR RESEARCH AT NATIONAL SPENDING AND GLOBAL SECURITY
Strategy on Semiconductor Research. SCIENCE FOUNDATION.—There is authorized to CHALLENGES.
dlhill on DSK120RN23PROD with SENATE
(B) To establish a National Advanced be appropriated to carry out programs at the It is the sense of the Senate that—
Packaging Manufacturing Program led by National Science Foundation on semicon- (1) as recommended by the bipartisan Na-
the National Institute of Standards and ductor research in alignment with the Na- tional Defense Strategy Commission report
Technology, in coordination with the Center, tional Strategy on Semiconductor Research, issued in November 2018, ‘‘Congress should
to strengthen semiconductor advanced test, $1,500,000,000 for fiscal year 2021, with such increase the size of the base defense budget
assembly, and packaging capability in the amount to remain available for such purpose significantly through the Future Years De-
domestic ecosystem, and which shall coordi- through fiscal year 2025. fense Program and perhaps beyond.’’;
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3703
(2) as recommended by former Secretary of shall perform such duties and have such ti- ‘‘§ 1599i. Application of acquisition dem-
Defense Jim Mattis and former Chairman of tles, as the Secretary of the Air Force may onstration project to Department of the Air
the Joint Chiefs of Staff General Joseph prescribe. Force employees assigned to acquisition
Dunford, as well as the bipartisan National ‘‘§ 9084. Office of the Chief of Space Oper- positions within the Space Force
Defense Strategy Commission report issued ations: general duties ‘‘For purposes of the demonstration
in November 2018, real growth of at least ‘‘(a) PROFESSIONAL ASSISTANCE.—The Of- project authorized by section 1762 of this
three to five percent annual growth in the fice of the Chief of Space Operations shall title, the Secretary of Defense may apply the
budget for the Department of Defense is re- furnish professional assistance to the Sec- provisions of such section, including any reg-
quired to achieve the objectives of the Na- retary of the Air Force, the Chief of Space ulations, procedures, waivers, or guidance
tional Defense Strategy; Operations, and other personnel of the Office implementing such section, to employees of
(3) the need for three to five percent real of the Secretary of the Air Force or the Of- the Department of the Air Force assigned to
growth in the budget for the Department fice of the Chief of Space Operations. acquisition positions within the Space
preceded the COVID–19 pandemic, which has ‘‘(b) AUTHORITIES.—Under the authority, Force.’’.
already imposed significant costs on the De- direction, and control of the Secretary of the (b) TABLE OF SECTIONS.—The table of sec-
partment, and is likely to do so in the future Air Force, the Office of the Chief of Space tions at the beginning of such chapter is
given the effects on the defense industrial Operations shall— amended by adding at the end the following
base and the Department’s role in supporting ‘‘(1) subject to subsections (c) and (d) of new item:
the whole-of-government response to COVID– section 9014 of this title, prepare for such ‘‘1599i. Application of acquisition demonstra-
19; employment of the Space Force, and for such tion project to Department of
(4) increasingly aggressive behavior by the recruiting, organizing, supplying, equipping the Air Force employees as-
People’s Republic of China during the (including research and development), train- signed to acquisition positions
COVID–19 pandemic, including coercive and ing, servicing, mobilizing, demobilizing, ad- within the Space Force.’’.
violent actions against allies and partners of ministering, and maintaining of the Space SEC. 947. AIR AND SPACE FORCE MEDAL.
the United States, is indicative of inten- Force, as will assist in the execution of any (a) SUPERSEDURE OF AIRMAN’S MEDAL WITH
sifying strategic competition requiring ro- power, duty, or function of the Secretary of AIR AND SPACE FORCE MEDAL.—
bust and sustained investment in the United the Air Force or the Chief of Space Oper- (1) IN GENERAL.—Section 9280 of title 10,
States Armed Forces; and ations; United States Code, is amended—
(5) Congress should support sufficient, ‘‘(2) investigate and report upon the effi- (A) by striking ‘‘Airman’s Medal’’ each
timely, and sustained defense investment in ciency of the Space Force and its prepara- place it appears and inserting ‘‘Air and
order to— tion to support military operations by com- Space Force Medal’’; and
(A) achieve the objectives of the National manders of the combatant commands; (B) in subsection (a)(1), by inserting ‘‘or
Defense Strategy; and ‘‘(3) prepare detailed instructions for the the Space Force’’ after ‘‘the Air Force’’.
(B) confront a complex array of global se- execution of approved plans and supervise (2) SECTION HEADING.—The heading of such
curity challenges, including those which the execution of those plans and instruc- section is amended to read as follows:
have intensified in the aftermath of the tions; ‘‘§ 9280. Air and Space Force Medal: award;
COVID–19 pandemic. ‘‘(4) as directed by the Secretary of the Air limitations’’.
Force or the Chief of Space Operations, co-
(3) TABLE OF SECTIONS.—The table of sec-
SA 2248. Mr. INHOFE (for himself ordinate the action of organizations of the
tions at the beginning of chapter 937 of such
and Mr. REED) submitted an amend- Space Force; and
title is amended by striking the item relat-
ment intended to be proposed by him ‘‘(5) perform such other duties, not other-
ing to section 9280 and inserting the fol-
to the bill S. 4049, to authorize appro- wise assigned by law, as may be prescribed
lowing new item:
by the Secretary of the Air Force.’’.
priations for fiscal year 2021 for mili- (b) TABLE OF SECTIONS.—The table of sec- ‘‘9280. Air and Space Force Medal: award;
tary activities of the Department of tions at the beginning of chapter 908 of such limitations.’’.
Defense, for military construction, and title, as amended by section 931(f) of this (b) DIFFERENTIATION IN DESIGN.—The Presi-
for defense activities of the Depart- Act, is further amended by striking the item dent shall ensure that the design of the Air
related to section 9083 and inserting the fol- and Space Force Medal and accompanying
ment of Energy, to prescribe military ribbon (and any related bar or device) award-
personnel strengths for such fiscal lowing the following new items:
ed under section 9280 of title 10, United
year, and for other purposes; which was ‘‘9083. Office of the Chief of Space Oper-
States Code (as amended by subsection (a)),
ordered to lie on the table; as follows: ations: function; composition.
‘‘9084. Office of the Chief of Space Oper- differs in an appropriate manner from the de-
After section 931, insert the following: ations: general duties. sign of the Airman’s Medal and accom-
SEC. 931A. OFFICE OF THE CHIEF OF SPACE OP- ‘‘9085. Regular Space Force: composition.’’. panying ribbon, bar, or device awarded under
ERATIONS. section 9280 of title 10, United States Code,
At the end of part II of subtitle D of title
(a) IN GENERAL.—Chapter 908 of title 10, as such section was in effect on the date be-
IX, add the following:
United States Code, as amended by section fore the date of the enactment of this Act.
SEC. 944. CLARIFICATION OF PROCUREMENT OF
931(e) of this Act, is further amended— COMMERCIAL SATELLITE COMMU-
(1) by redesignating section 9083 as section NICATIONS SERVICES.
SA 2249. Mr. WARNER (for himself
9085; and (a) IN GENERAL.—Chapter 963 of title 10, and Mr. CORNYN) submitted an amend-
(2) by inserting after section 9082 the fol- United States Code, is amended by inserting ment intended to be proposed by him
lowing new sections: before section 9532 the following new section: to the bill S. 4049, to authorize appro-
‘‘§ 9083. Office of the Chief of Space Oper- ‘‘§ 9531. Procurement of commercial satellite priations for fiscal year 2021 for mili-
ations: function; composition communications services tary activities of the Department of
‘‘(a) FUNCTION.—There is in the executive ‘‘The Secretary of the Air Force shall be Defense, for military construction, and
part of the Department of the Air Force an responsible for the procurement of commer- for defense activities of the Depart-
Office of the Chief of Space Operations to as- cial satellite communications services for ment of Energy, to prescribe military
sist the Secretary of the Air Force in car- the Department of Defense.’’. personnel strengths for such fiscal
rying out the responsibilities of the Sec- (b) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of chapter 963 of such
year, and for other purposes; which was
retary. ordered to lie on the table; as follows:
‘‘(b) COMPOSITION.—The Office of the Chief title is amended by inserting before the item
relating to section 9532 the following new At the end of subtitle G of title XII, add
of Space Operations is composed of the fol- the following:
item:
lowing:
‘‘9531. Procurement of commercial satellite SEC. 1287. BRIEFING ON UNITED STATES-INDIA
‘‘(1) The Chief of Space Operations. JOINT DEFENSE AND RELATED IN-
‘‘(2) Such other offices and officials as may communications services.’’.
DUSTRIAL AND TECHNOLOGY RE-
be established by law or as the Secretary of SEC. 945. TEMPORARY EXEMPTION FROM AU- SEARCH AND DEVELOPMENT.
THORIZED DAILY AVERAGE OF MEM-
the Air Force may establish or designate. (a) IN GENERAL.—Not later than 90 days
BERS IN PAY GRADES E–8 AND E–9.
‘‘(3) Other members of the Space Force and after the date of the enactment of this Act,
Section 517 of title 10, United States Code,
Air Force assigned or detailed to the Office the Secretary of Defense shall provide to the
shall not apply to the Space Force until Oc-
of the Chief of Space Operations. Committee on Armed Services and the Com-
tober 1, 2023.
‘‘(4) Civilian employees in the Department mittee on Foreign Relations of the Senate a
SEC. 946. APPLICATION OF ACQUISITION DEM-
dlhill on DSK120RN23PROD with SENATE
of the Air Force assigned or detailed to the ONSTRATION PROJECT TO DEPART- briefing on joint defense and related indus-
Office of the Chief of Space Operations. MENT OF THE AIR FORCE EMPLOY- trial and technology research and develop-
‘‘(c) ORGANIZATION.—Except as otherwise EES ASSIGNED TO ACQUISITION PO- ment and personnel exchange opportunities
specifically prescribed by law, the Office of SITIONS WITHIN THE SPACE FORCE. between the United States and India.
the Chief of Space Operations shall be orga- (a) IN GENERAL.—Chapter 81 of title 10, (b) MATTERS TO BE INCLUDED.—The briefing
nized in such manner, and the members of United States Code, is amended by adding at under subsection (a) shall include the fol-
the Office of the Chief of Space Operations the end the following new section: lowing:
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S3704 CONGRESSIONAL RECORD — SENATE June 29, 2020
(1) A status update on the Defense Tech- tivities of the Department of Energy, has received the approval of the appropriate
nology and Trade Initiative and its efforts to to prescribe military personnel state governing body to acquire the property
increase private sector industrial coopera- strengths for such fiscal year, and for sought under this section.’’;
tion. (3) by striking subsections (e) and (f); and
other purposes; which was ordered to
(2) An assessment of whether additional (4) by adding at the end the following new
funds are necessary for the Defense Tech- lie on the table; as follows: subsections:
nology and Trade Initiative for seed funding At the end of subtitle E of title XII, add ‘‘(e) ANNUAL CERTIFICATION ACCOUNTING
and personnel exchanges. the following: FOR TRANSFERRED PROPERTY.—(1) For each
(3) An assessment of whether the Israel- SEC. 1262. EXTENSION OF PROHIBITION ON COM- fiscal year, the Secretary shall submit to
U.S. Binational Industrial Research and De- MERCIAL EXPORT OF CERTAIN MU- Congress certification in writing that each
velopment Foundation and Fund provides a NITIONS TO THE HONG KONG PO- Federal or State agency to which the Sec-
LICE FORCE.
model for United States and India private retary has transferred personal property
sector collaboration on defense and critical Section 3 of the Act entitled ‘‘An Act to under this section—
technologies. prohibit the commercial export of covered ‘‘(A) has provided to the Secretary docu-
(4) A status update on the collaboration be- munitions items to the Hong Kong Police mentation accounting for all controlled
tween the Department of Defense Innovation Force’’, approved November 27, 2019 (Public property, including arms and ammunition,
Unit and the Innovations for Defence Excel- Law 116–77; 133 Stat. 1174), is amended by that the Secretary has transferred to the
lence program of the Ministry of Defence of striking ‘‘one year after the date of the en- agency, including any item described in sub-
India to enhance the capacity of the Depart- actment of this Act’’ and inserting ‘‘on No- section (f)(1) so transferred before the date of
ment of Defense and Ministry of Defence of vember 27, 2021’’. the enactment of the National Defense Au-
India to identify and source solutions to thorization Act for Fiscal Year 2021; and
military requirements by accessing cutting- SA 2252. Mr. SCHATZ (for himself, ‘‘(B) with respect to a non-Federal agency,
edge commercial technology through non- Ms. MURKOWSKI, Ms. HARRIS, and Mr. carried out each of paragraphs (5) through (9)
traditional processes. PAUL) submitted an amendment in- of subsection (b).
tended to be proposed by him to the ‘‘(2) If the Secretary cannot provide a cer-
SA 2250. Mr. SCHUMER (for Mr. bill S. 4049, to authorize appropriations tification under paragraph (1) for a Federal
MERKLEY) submitted an amendment in- for fiscal year 2021 for military activi- or State agency, the Secretary may not
tended to be proposed by Mr. Schumer ties of the Department of Defense, for transfer additional property to that agency
to the bill S. 4049, to authorize appro- under this section.
military construction, and for defense
priations for fiscal year 2021 for mili- ‘‘(f) ANNUAL REPORT ON EXCESS PROP-
activities of the Department of Energy, ERTY.—The Secretary shall submit to Con-
tary activities of the Department of to prescribe military personnel gress each year, before making any personal
Defense, for military construction, and strengths for such fiscal year, and for property available for transfer under this
for defense activities of the Depart- other purposes; which was ordered to section in that year, report setting forth a
ment of Energy, to prescribe military lie on the table; as follows: description of the property to be transferred,
personnel strengths for such fiscal At the appropriate place, insert the fol- together with a certification that the trans-
year, and for other purposes; which was lowing: fer of the property would not violate this
ordered to lie on the table; as follows: SEC. ll. REFORM AND OVERSIGHT OF DEPART-
section or any other provision of law.
At the end of subtitle D of title III, add the MENT OF DEFENSE TRANSFER OF ‘‘(g) LIMITATIONS ON TRANSFERS.—(1) The
following: PERSONAL PROPERTY TO LAW EN- Secretary may not transfer to a Federal,
SEC. 355. REPORT ON NON-PERMISSIVE, GLOBAL FORCEMENT AGENCIES. Tribal, State, or local law enforcement agen-
POSITIONING SYSTEM DENIED AIR- (a) IN GENERAL.—Section 2576a of title 10, cy under this section the following:
FIELD CAPABILITIES. United States Code, is amended— ‘‘(A) Bayonets, grenade launchers, gre-
(a) IN GENERAL.—Not later than February (1) in subsection (a)(1), in the matter pre- nades (excluding stun and flash-bang), explo-
1, 2021, the Secretary of Defense shall submit ceding subparagraph (A), by striking ‘‘sub- sives, and firearms of .50 caliber or higher
to the congressional defense committees a section (b)’’ and inserting ‘‘the provisions of and ammunition of 0.5 caliber or higher.
report assessing the ability of each combat- this section’’; ‘‘(B) Tracked combat vehicles.
ant command to conduct all-weather, day- (2) in subsection (b)— ‘‘(C) Weaponized drones.
night operations at airfields of the Depart- (A) in paragraph (5), by striking ‘‘and’’ at ‘‘(D) Asphyxiating gases, including those
ment of Defense in a non-permissive, global the end; comprised of lachrymatory agents, and anal-
positioning system denied environment. (B) in paragraph (6), by striking the period ogous liquids, materials or devices.
(b) ELEMENTS.—The report required under and inserting a semicolon; and ‘‘(E) Items in the Federal Supply Class of
subsection (a) shall include, at a minimum, (C) by adding at the end the following new banned items.
the following: paragraphs: ‘‘(2) The limitations under this subsection
(1) An assessment of current air traffic ‘‘(7) the recipient, on an annual basis, cer- shall also apply with respect to the transfer
control and landing systems at existing air- tifies that if the recipient determines that of previously transferred property of the De-
fields and contingency airfields of the De- the property is surplus to the needs of the re- partment of Defense from one Federal or
partment. cipient, the recipient will return the prop- State agency to another such agency.
(2) An assessment of the ability of each erty to the Department of Defense; ‘‘(3) The Secretary shall require that
combatant command to conduct all-weather, ‘‘(8) the recipient submits to the Depart- equipment transferred under this section
day-night airfield flight operations in a non- ment of Defense a description of how the re- shall be returned upon a finding that the
permissive, global positioning system denied cipient expects to use the property; equipment has been used to conduct actions
environment at existing and contingency ‘‘(9) with respect to a recipient that is not against citizens of the United States that in-
airfields of the Department, including air- a Federal agency, the recipient certifies to fringe upon the rights of the citizens under
craft tracking and precision landing. the Department of Defense that the recipient the First Amendment to the Constitution of
(3) An assessment of the ability of each notified the local community of the request the United States to assemble peaceably or
combatant command to rapidly set up and for property under this section by— to petition the Government for redress of
conduct operations at alternate airfields of ‘‘(A) publishing a notice of such request on grievances.
the Department, including the ability to re- a publicly accessible internet website; ‘‘(4) The Secretary shall prohibit the trans-
ceive and deploy forces in a non-permissive, ‘‘(B) posting such notice at several promi- fer of equipment to a Federal or State agen-
global positioning system denied environ- nent locations in the jurisdiction of the re- cy for a period of 5 years upon a finding that
ment. cipient; and equipment transferred under this section to
(4) A list of backup systems in place or pre- ‘‘(C) ensuring that such notices were avail- the Federal or State agency has been used to
positioned to be able to reconstitute oper- able to the local community for a period of conduct actions against United States citi-
ations after an attack. not less than 30 days; zens that infringe upon the rights of the citi-
‘‘(10) with respect to a recipient that is not zens under the First Amendment to the Con-
SA 2251. Mr. SCHUMER (for Mr. a Federal agency, the recipient submits to stitution of the United States to assemble
MERKLEY (for himself, Mr. CORNYN, Mr. the Department of Defense a description of peaceably or to petition the Government for
CARDIN, Mr. GARDNER, Mr. LEAHY, Mr. the training courses or certifications re- redress of grievances.
WICKER, and Mr. SCOTT of Florida)) quired for use of transferred property; ‘‘(5) The Secretary shall require, as a con-
dlhill on DSK120RN23PROD with SENATE
submitted an amendment intended to ‘‘(11) with respect to a recipient that is a dition of any transfer of property under this
local law enforcement agency, the recipient section, that—
be proposed by Mr. Schumer to the bill
has received the approval of the city council ‘‘(A) if the Department of Justice opens an
S. 4049, to authorize appropriations for or other local governing body to acquire the investigation into a Federal or State agency
fiscal year 2021 for military activities property sought under this section; and for violation of civil liberties, the Secretary
of the Department of Defense, for mili- ‘‘(12) with respect to a recipient that is a shall pause all pending or future transfers to
tary construction, and for defense ac- State law enforcement agency, the recipient such agency; and
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3705
‘‘(B) property shall be returned upon a by Congress after the date of the receipt of and State agencies that receive controlled
finding of responsibility as a result of an in- the report by Congress. property under this section.
vestigation described in subparagraph (A) or ‘‘(j) ANNUAL CERTIFICATION ACCOUNTING FOR ‘‘(3) The Secretary shall update on a quar-
otherwise for a finding of responsibility for TRANSFERRED PROPERTY.—(1) The Secretary terly basis the contents of the internet
widespread abuses of civil liberties. shall submit to the appropriate committees website required under paragraph (1), on
‘‘(h) CONDITIONS FOR EXTENSION OF PRO- of Congress each year a certification in writ- which the contents of the Internet website
GRAM.—Notwithstanding any other provision ing that each recipient to which the Sec- described in paragraph (2) shall be made pub-
of law, amounts authorized to be appro- retary has transferred personal property licly available in a searchable format
priated or otherwise made available for any under this section during the preceding fiscal ‘‘(n) DEFINITIONS.—In this section:
fiscal year may not be obligated or expended year— ‘‘(1) The term ‘appropriate committees of
to carry out this section unless the Sec- ‘‘(A) has provided to the Secretary docu- Congress’ means—
retary submits to the appropriate commit- mentation accounting for all property the ‘‘(A) the Committee on Armed Services and
tees of Congress a certification, for the pre- Secretary has previously transferred to such the Committee on Homeland Security and
ceding fiscal year, that— recipient under this section; and Governmental Affairs of the Senate; and
‘‘(1) each recipient agency that has re- ‘‘(B) has complied with paragraphs (5) and ‘‘(B) the Committee on Armed Services and
ceived personal property under this section (6) of subsection (b) with respect to the prop- the Committee on Oversight and Govern-
has— erty so transferred during such fiscal year. ment Reform of the House of Representa-
‘‘(A) demonstrated full and complete ac- ‘‘(2) If the Secretary cannot provide a cer- tives.
countability for all such property, in accord- tification under paragraph (1) for a recipient, ‘‘(2) The term ‘agent of a State Coordi-
ance with paragraph (2) or (3), as applicable; the Secretary may not transfer additional
nator’ means any individual to whom a State
or property to such recipient under this sec-
Coordinator formally delegates responsibil-
‘‘(B) been suspended or terminated from tion, effective as of the date on which the
ities for the duties of the State Coordinator
the program pursuant to paragraph (4); Secretary would otherwise make the certifi-
to conduct inventories described in sub-
‘‘(2) with respect to each non-Federal agen- cation under this subsection, and such re-
section (g)(2).
cy that has received property under this sec- cipient shall be suspended or terminated
‘‘(3) The term ‘controlled property’ means
tion, the State Coordinator responsible for from further receipt of property under this
any item assigned a demilitarization code of
each such agency has verified that the State section.
‘‘(k) QUARTERLY REPORTS ON USE OF CON- B, C, D, E, G, or Q under Department of De-
Coordinator or an agent of the State Coordi- fense Manual 4160.21–M, ‘Defense Materiel
nator has conducted an in-person inventory TROLLED EQUIPMENT.—Not later than 30 days
after the last day of a fiscal quarter, the Sec- Disposition Manual’, or any successor docu-
of the property transferred to the agency and ment.
that all such property was accounted for dur- retary shall submit to Congress a report on
any uses of controlled property transferred ‘‘(4) The term ‘State Coordinator’, with re-
ing the inventory or that the agency has spect to a State, means the individual ap-
been suspended or terminated from the pro- under this section during that fiscal quarter.
‘‘(l) REPORTS TO CONGRESS.—Not later than pointed by the governor of the State to
gram pursuant to paragraph (4); maintain property accountability records
‘‘(3) with respect to each Federal agency 30 days after the last day of a fiscal year, the
Secretary shall submit to Congress a report and oversee property use by the State.’’.
that has received property under this sec-
on the following for the preceding fiscal (b) EFFECTIVE DATE.—The amendments
tion, the Secretary or an agent of the Sec-
year: made by this subsection shall take effect on
retary has conducted an in-person inventory
‘‘(1) The percentage of equipment lost by the date of the enactment of this Act.
of the property transferred to the agency and
recipients of property transferred under this (c) INTERAGENCY LAW ENFORCEMENT EQUIP-
that all such property was accounted for dur-
section, including specific information about MENT WORKING GROUP.—
ing the inventory or that the agency has
the type of property lost, the monetary (1) IN GENERAL.—Not later than 60 days
been suspended or terminated from the pro-
value of such property, and the recipient after the date of enactment of this Act, the
gram pursuant to paragraph (4);
that lost the property. Secretary of Defense shall establish an inter-
‘‘(4) the eligibility of any agency that has
‘‘(2) The transfer of any new (condition agency Law Enforcement Equipment Work-
received property under this section for
code A) property transferred under this sec- ing Group (referred to in this subsection as
which all of such property was not accounted
tion, including specific information about the ‘‘Working Group’’) to support oversight
for during an inventory described in para-
the type of property, the recipient of the and policy development functions for con-
graph (2) or (3), as applicable, to receive
property, the monetary value of each item of trolled equipment programs.
property transferred under this section has
the property, and the total monetary value (2) PURPOSE.—The Working Group shall—
been suspended or terminated;
of all such property transferred during the (A) examine and evaluate the Controlled
‘‘(5) each State Coordinator has certified,
fiscal year. and Prohibited Equipment Lists for possible
for each non-Federal agency located in the
‘‘(m) PUBLICLY ACCESSIBLE WEBSITE ON additions or deletions;
State for which the State Coordinator is re-
TRANSFERRED CONTROLLED PROPERTY.—(1) (B) track law enforcement agency con-
sponsible that—
The Secretary shall create and maintain a trolled equipment inventory;
‘‘(A) the agency has complied with all re-
publicly available internet website that pro- (C) ensure Government-wide criteria to
quirements under this section; or
vides information on the controlled property evaluate requests for controlled equipment;
‘‘(B) the eligibility of the agency to receive
transferred under this section and the recipi- (D) ensure uniform standards for compli-
property transferred under this section has
ents of such property. ance reviews;
been suspended or terminated; and
‘‘(2) The contents of the internet website (E) harmonize Federal programs to ensure
‘‘(6) the Secretary has certified, for each
required under paragraph (1) shall include all the programs have consistent and trans-
Federal agency that has received property
publicly accessible unclassified information parent policies with respect to the acquisi-
under this section that—
pertaining to the request, transfer, denial, tion of controlled equipment by law enforce-
‘‘(A) the agency has complied with all re-
and repossession of controlled property ment agencies;
quirements under this section; or
under this section, including— (F) require after-action analysis reports for
‘‘(B) the eligibility of the agency to receive
‘‘(A) a current inventory of all controlled significant incidents involving Federally
property transferred under this section has
property transferred to Federal and State provided or Federally funded controlled
been suspended or terminated.
‘‘(i) APPROVAL BY LAW REQUIRED FOR agencies under this section, listed by— equipment;
TRANSFER OF PROPERTY NOT PREVIOUSLY ‘‘(i) the name of the Federal agency, or the (G) develop policies to ensure that law en-
TRANSFERRABLE.—(1) In the event the Sec- State, county, and recipient agency; forcement agencies abide by any limitations
retary proposes to make available for trans- ‘‘(ii) the item name, item type, and item or affirmative obligations imposed on the ac-
fer under this section any personal property model; quisition of controlled equipment or receipt
of the Department of Defense not previously ‘‘(iii) the date on which such property was of funds to purchase controlled equipment
made available for transfer under this sec- transferred; and from the Federal Government and the obli-
tion, the Secretary shall submit to the ap- ‘‘(iv) the current status of such item; gations resulting from receipt of Federal fi-
propriate committees of Congress a report ‘‘(B) all pending requests for transfers of nancial assistance;
setting forth the following: controlled property under this section, in- (H) require State and local governing body
‘‘(A) A description of the property proposed cluding the information submitted by the to review and authorize a law enforcement
to be made available for transfer. Federal and State agencies requesting such agency’s request for or acquisition of con-
‘‘(B) A description of the conditions, if any, transfers; trolled equipment;
to be imposed on use of the property after ‘‘(C) a list of each agency suspended or ter- (I) require that law enforcement agencies
dlhill on DSK120RN23PROD with SENATE
transfer. minated from further receipt of property participating in Federal controlled equip-
‘‘(C) A certification that transfer of the under this section, including any State, ment programs receive necessary training
property would not violate a provision of county, or local agency, and the reason for regarding appropriate use of controlled
this section or any other provision of law. and duration of such suspension or termi- equipment and the implementation of obli-
‘‘(2) The Secretary may not transfer any nation; and gations resulting from receipt of Federal fi-
property covered by a report under this sub- ‘‘(D) all reports required to be submitted to nancial assistance, including training on the
section unless authorized by a law enacted the Secretary under this section by Federal protection of civil rights and civil liberties;
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S3706 CONGRESSIONAL RECORD — SENATE June 29, 2020
(J) provide uniform standards for sus- At the appropriate place in title X, insert paragraph, the Advisory Committee shall
pending law enforcement agencies from Fed- the following: consider the following:
eral controlled equipment programs for spec- SEC. lll. ESTABLISHMENT OF FEDERAL ADVI- ‘‘(1) The term ‘artificial intelligence’ in-
ified violations of law, including civil rights SORY COMMITTEE ON THE DEVEL- cludes the following:
laws, and ensuring those standards are im- OPMENT AND IMPLEMENTATION OF ‘‘(A) Any artificial systems that perform
plemented consistently across agencies; and ARTIFICIAL INTELLIGENCE.
tasks under varying and unpredictable cir-
(K) create a process to monitor the sale or (a) ESTABLISHMENT.—
cumstances, without significant human over-
transfer of controlled equipment from the (1) IN GENERAL.—The Secretary of Com-
sight, or that can learn from their experi-
Federal Government or controlled equip- merce shall establish a Federal advisory
ence and improve their performance. Such
ment purchased with funds from the Federal committee to advise the Secretary on mat-
systems may be developed in computer soft-
Government by law enforcement agencies to ters relating to the development of artificial
intelligence. ware, physical hardware, or other contexts
third parties. not yet contemplated. They may solve tasks
(3) COMPOSITION.— (2) DESIGNATION.—The Federal advisory
committee established under paragraph (1) requiring human-like perception, cognition,
(A) IN GENERAL.—The Working Group shall planning, learning, communication, or phys-
be co-chaired by the Secretary of Defense, shall be known as the ‘‘Federal Advisory
Committee on the Development and Imple- ical action. In general, the more human-like
the Attorney General, and the Secretary of the system within the context of its tasks,
Homeland Security. mentation of Artificial Intelligence’’ (in this
section referred to as the ‘‘Advisory Com- the more it can be said to use artificial intel-
(B) MEMBERSHIP.—The Working Group ligence.
shall be comprised of— mittee’’).
(b) PURPOSES OF THE ADVISORY COM- ‘‘(B) Systems that think like humans, such
(i) representatives of interested parties,
MITTEE.— as cognitive architectures and neural net-
who are not Federal employees, including
(1) ADVICE.—The Advisory Committee shall works.
appropriate State, local, and Tribal officials,
provide advice to the Secretary on matters ‘‘(C) Systems that act like humans, such as
law enforcement organizations, civil rights
relating to the development and use of artifi- systems that can pass the Turing test or
and civil liberties organizations, and aca-
cial general intelligence and narrow artifi- other comparable test via natural language
demics; and
cial intelligence, including on the following processing, knowledge representation, auto-
(ii) the heads of such other agencies and of-
fices as the Co-Chairs may, from time to as they relate to artificial intelligence: mated reasoning, and learning.
time, designate. (A) The competitiveness of the United ‘‘(D) A set of techniques, including ma-
(C) DESIGNATION.—A member of the Work- States, including matters relating to the chine learning, that seek to approximate
ing Group described in subparagraph (A) or promotion of public and private sector in- some cognitive task.
in subparagraph (B)(ii) may designate a sen- vestment and innovation into the develop- ‘‘(E) Systems that act rationally, such as
ior-level official from the agency represented ment of artificial intelligence. intelligent software agents and embodied ro-
by the member to perform the day-to-day (B) Workforce, including matters relating bots that achieve goals via perception, plan-
Working Group functions of the member, if to the potential for using artificial intel- ning, reasoning, learning, communicating,
the designated official is a full-time officer ligence for rapid retraining of workers, due decisionmaking, and acting.
or employee of the Federal Government. to the possible effect of technological dis- ‘‘(2) The term ‘artificial general intel-
(D) SUBGROUPS.—At the direction of the placement and to increase the labor force ligence’ means a notional future artificial
Co-Chairs, the Working Group may establish participation of traditionally underrep- intelligence system that exhibits apparently
subgroups consisting exclusively of Working resented populations, including minorities, intelligent behavior at least as advanced as a
Group members or their designees under this low-income populations, and persons with person across the range of cognitive, emo-
subsection, as appropriate. disabilities. tional, and social behaviors.
(E) EXECUTIVE DIRECTOR.— (C) Education, including matters relating ‘‘(3) The term ‘narrow artificial intel-
(i) IN GENERAL.—There shall be an Execu- to science, technology, engineering, and ligence’ means an artificial intelligence sys-
tive Director of the Working Group, to be ap- mathematics education to prepare the tem that addresses specific application areas
pointed by the Attorney General. United States workforce as the needs of em- such as playing strategic games, language
(ii) RESPONSIBILITIES.—The Executive Di- ployers change. translation, self-driving vehicles, and facial
rector appointed under clause (i) shall deter- (D) Ethics training and development for in- or other image recognition.’’.
mine the agenda of the Working Group, con- dividuals, including both private and govern- (B) How to create a climate for public and
vene regular meetings, and supervise the ment technologists, working on and using private sector investment and innovation in
work of the Working Group under the direc- artificial intelligence. artificial intelligence.
tion of the Co-Chairs. (E) Matters relating to open sharing of (C) The possible benefits and effects that
(iii) FUNDING.— data and the open sharing of research on ar- the development of artificial intelligence
(I) IN GENERAL.—To the extent permitted tificial intelligence. may have on the economy, workforce, and
by law and using amounts already appro- (F) International cooperation and competi- competitiveness of the United States.
priated, the Secretary shall fund, and pro- tiveness, including matters relating to the (D) Whether and how networked, auto-
vide administrative support for, the Working competitive international landscape for arti- mated, artificial intelligence applications
Group ficial intelligence-related industries. and robotic devices will displace or create
(II) REQUIREMENT.—Each agency shall bear (G) Accountability and legal rights, includ- jobs and how any job-related gains relating
its own expenses for participating in the ing matters relating to the responsibility for to artificial intelligence can be maximized.
Working Group. any violations of laws by an artificial intel- (E) How bias can be identified and elimi-
(F) COORDINATION WITH THE DEPARTMENT OF ligence system and the compatibility of nated in the development of artificial intel-
HOMELAND SECURITY.—In general, the Work- international regulations. ligence and in the algorithms that support
ing Group shall coordinate with the Home- (H) Matters relating to machine learning them, including with respect to the fol-
land Security Advisory Council of the De- bias through core cultural and societal lowing:
partment of Homeland Security to identify norms. (i) The selection and processing of data
areas of overlap or potential national pre- (I) Matters relating to how artificial intel- used to train artificial intelligence.
paredness implications of further changes to ligence can serve or enhance opportunities in (ii) Diversity in the development of artifi-
Federal controlled equipment programs. rural communities. cial intelligence.
(4) RULE OF CONSTRUCTION.—Nothing in this (J) Government efficiency, including mat- (iii) The ways and places the systems are
subsection shall be construed as creating any ters relating to how to promote cost saving deployed and the potential harmful out-
right or benefit, substantive or procedural, and streamline operations. comes.
enforceable at law or in equity by any party (K) Matters relating to individual civil (F) Whether and how to incorporate ethical
against the United States, its departments, rights, including an assessment regarding standards in the development and implemen-
agencies, or entities, its officers, employees, how rights are or will be affected by the use tation of artificial intelligence.
or agents, or any other person. of artificial intelligence technology and (G) How the Federal Government can en-
whether such uses should be subject to addi- courage technological progress in implemen-
SA 2253. Ms. CANTWELL submitted tional controls, oversight, or limitations. tation of artificial intelligence that benefits
an amendment intended to be proposed (L) Matters relating to urbanization and the full spectrum of social and economic
by her to the bill S. 4049, to authorize the development of smart cities. classes.
appropriations for fiscal year 2021 for (2) STUDY.—The Advisory Committee shall (H) How the privacy rights of individuals
military activities of the Department study and assess the following: are or will be affected by technological inno-
dlhill on DSK120RN23PROD with SENATE
(A) How the term ‘‘artificial intelligence’’ vation relating to artificial intelligence.
of Defense, for military construction,
should be defined for purposes of this section (I) Whether technological advancements in
and for defense activities of the De- and how the relevant scope of the Advisory artificial intelligence have or will outpace
partment of Energy, to prescribe mili- Committee should be defined, including how the legal and regulatory regimes imple-
tary personnel strengths for such fiscal such definitions relate to artificial systems mented to protect consumers.
year, and for other purposes; which was and both narrow and general forms of artifi- (J) How existing laws, including those con-
ordered to lie on the table; as follows: cial intelligence. In carrying out this sub- cerning data access and privacy, should be
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June 29, 2020 CONGRESSIONAL RECORD — SENATE S3707
modernized to enable the potential of artifi- (I) The National Science and Technology committee to advise the Secretary on mat-
cial intelligence. Council. ters relating to the development of artificial
(K) How the Federal Government utilizes (J) The intelligence community (as defined intelligence.
artificial intelligence to handle large or in section 3 of the National Security Act of (2) DESIGNATION.—The Federal advisory
complex data sets. 1947 (50 U.S.C. 3003)). committee established under paragraph (1)
(L) How ongoing dialogues and consulta- (K) The Privacy and Civil Liberties Over- shall be known as the ‘‘Federal Advisory
tions with multi-stakeholder groups can sight Board. Committee on the Development and Imple-
maximize the potential of artificial intel- (L) Such other nonvoting members as the mentation of Artificial Intelligence’’ (in this
ligence and further development of artificial voting members of the Advisory Committee section referred to as the ‘‘Advisory Com-
intelligence technologies that can benefit ev- consider appropriate. mittee’’).
eryone inclusively. (3) CHAIRPERSON.—The Secretary shall ap- (b) PURPOSES OF THE ADVISORY COM-
(M) How the development of artificial in- point a chairperson for the Advisory Com- MITTEE.—
telligence can affect cost savings and mittee from among the members appointed (1) ADVICE.—The Advisory Committee shall
streamline operations in various areas of under paragraph (1). provide advice to the Secretary on matters
government operations, including health (d) MEETINGS.—The Advisory Committee relating to the development and use of artifi-
care, cybersecurity, infrastructure, and dis- shall meet— cial general intelligence and narrow artifi-
aster recovery. (1) in person no less frequently than twice cial intelligence, including on the following
(N) Such other matters as the Advisory each year; and as they relate to artificial intelligence:
Committee considers appropriate. (2) via telepresence no less frequently than (A) The competitiveness of the United
(3) REPORTS AND RECOMMENDATIONS.— once every 2 months. States, including matters relating to the
(A) REPORT BY ADVISORY COMMITTEE.—Not (e) POWERS.—In order to carry out its du- promotion of public and private sector in-
later than 540 days after the date of the en- ties under subsection (b), the Advisory Com- vestment and innovation into the develop-
actment of this Act, the Advisory Com- mittee may— ment of artificial intelligence.
mittee shall submit to the Secretary and to (1) hold such hearings, sit and act at such (B) Workforce, including matters relating
Congress a report on the findings of the Ad- times and places, take such testimony, and to the potential for using artificial intel-
visory Committee and such recommenda- receive such evidence as the Advisory Com- ligence for rapid retraining of workers, due
tions as the Advisory Committee may have mittee considers appropriate; to the possible effect of technological dis-
for administrative or legislative action re- (2) submit to Congress such recommenda- placement and to increase the labor force
lating to artificial intelligence. tions as the Advisory Committee considers participation of traditionally underrep-
(B) RECOMMENDATIONS OF SECRETARY.—Not appropriate; resented populations, including minorities,
later than 90 days after receiving the report (3) submit to Federal agencies such rec- low-income populations, and persons with
submitted under subparagraph (A), the Sec- ommendations as the Advisory Committee disabilities.
retary shall review the report and submit to considers appropriate; (C) Education, including matters relating
Congress such recommendations as the Sec- (4) issue reports, guidelines, and memo- to science, technology, engineering, and
retary may have with respect to the matters randa; mathematics education to prepare the
contained in the report submitted under sub- (5) hold or host conferences and symposia; United States workforce as the needs of em-
paragraph (A). (6) enter into cooperative agreements with ployers change.
(c) MEMBERSHIP.— third-party experts to obtain relevant advice (D) Ethics training and development for in-
(1) VOTING MEMBERS.— or expertise, and oversee staff; dividuals, including both private and govern-
(A) IN GENERAL.—The Advisory Committee (7) establish subcommittees; and ment technologists, working on and using
shall be composed of 19 voting members who (8) establish rules of procedure. artificial intelligence.
shall be appointed by the Secretary, with ad- (f) TRAVEL EXPENSES.—The members of the (E) Matters relating to open sharing of
visement from the Chair and Ranking Mem- Advisory Committee shall be allowed travel data and the open sharing of research on ar-
ber of the Committee on Commerce, Science, expenses, including per diem in lieu of sub- tificial intelligence.
and Transportation of the Senate and the sistence, at rates authorized for employees of (F) International cooperation and competi-
Chair and Ranking Member of the Com- agencies under subchapter I of chapter 57 of tiveness, including matters relating to the
mittee on Energy and Commerce of the title 5, United States Code, while away from competitive international landscape for arti-
House of Representatives, for purposes of the their homes or regular places of business in ficial intelligence-related industries.
Advisory Committee from among individuals the performance of services for the Advisory (G) Accountability and legal rights, includ-
with expertise in matters relating to work- Committee. ing matters relating to the responsibility for
force development, ethics, privacy, artificial (g) FUNDING.— any violations of laws by an artificial intel-
intelligence, or computer science. (1) IN GENERAL.—Except as provided in ligence system and the compatibility of
(B) REPRESENTATION.—In carrying out sub- paragraph (2), amounts to carry out this sec- international regulations.
paragraph (A), the Secretary shall ensure tion shall be derived from amounts appro- (H) Matters relating to machine learning
that voting members are appointed as fol- priated or otherwise made available to the bias through core cultural and societal
lows: Secretary. norms.
(i) Five members from the academic or re- (2) DONATIONS.— (I) Matters relating to how artificial intel-
search community. (A) AUTHORIZATION.—The Advisory Com- ligence can serve or enhance opportunities in
(ii) Six members from private industry, at mittee may solicit and accept donations rural communities.
least 1 of whom shall be from a small busi- from private persons and non-Federal enti- (J) Government efficiency, including mat-
ness concern. ties to carry out this section. ters relating to how to promote cost saving
(iii) Six members from civil society, at (B) LIMITATION.—Of the amounts expended and streamline operations.
least 2 of whom shall be from groups that ad- by the Advisory Committee in a fiscal year (K) Matters relating to individual civil
vocate for civil liberties or civil rights. to carry out this section, not more than half rights, including an assessment regarding
(iv) Two members from labor organizations may be derived from amounts received under how rights are or will be affected by the use
or groups, including those that represent the subparagraph (A). of artificial intelligence technology and
unique interests of traditionally underrep- whether such uses should be subject to addi-
resented populations. SA 2254. Ms. CANTWELL submitted tional controls, oversight, or limitations.
(C) GEOGRAPHICAL DIVERSITY.—In carrying an amendment intended to be proposed (L) Matters relating to urbanization and
out subparagraph (A), the Secretary shall en- by her to the bill S. 4049, to authorize the development of smart cities.
sure that the voting members of the Advi- appropriations for fiscal year 2021 for (2) STUDY.—The Advisory Committee shall
sory Committee come from diverse geo- study and assess the following:
graphical locations within the United States.
military activities of the Department (A) How the term ‘‘artificial intelligence’’
(2) NONVOTING MEMBERS.—The Advisory of Defense, for military construction, should be defined for purposes of this section
Committee shall also be composed of such and for defense activities of the De- and how the relevant scope of the Advisory
nonvoting members as the Secretary con- partment of Energy, to prescribe mili- Committee should be defined, including how
siders appropriate, except that the Secretary tary personnel strengths for such fiscal such definitions relate to artificial systems
shall appoint at least 1 such member from year, and for other purposes; which was and both narrow and general forms of artifi-
each of the following: ordered to lie on the table; as follows: cial intelligence. In carrying out this sub-
(A) The Department of Education. At the appropriate place in title X, insert paragraph, the Advisory Committee shall
(B) The Department of Justice. the following: consider the following:
dlhill on DSK120RN23PROD with SENATE
(C) The Department of Labor. SEC. lll. ESTABLISHMENT OF FEDERAL ADVI- ‘‘(1) The term ‘artificial intelligence’ in-
(D) The Department of Transportation. SORY COMMITTEE ON THE DEVEL- cludes the following:
(E) The Department of Homeland Security. OPMENT AND IMPLEMENTATION OF ‘‘(A) Any artificial systems that perform
(F) The Federal Trade Commission. ARTIFICIAL INTELLIGENCE. tasks under varying and unpredictable cir-
(G) The National Institute of Standards (a) ESTABLISHMENT.— cumstances, without significant human over-
and Technology. (1) IN GENERAL.—The Secretary of Com- sight, or that can learn from their experi-
(H) The National Science Foundation. merce shall establish a Federal advisory ence and improve their performance. Such
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