Congressional Record — Senate, September 29, 2022, Page S5895
Summary
Pages S5895 and S5896 of the Congressional Record, Senate, September 29, 2022 list amendments intended to be proposed to amendment SA 5499 submitted by Reed (for himself and Inhofe) to the bill to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense. Murkowski submitted SA 6359, Tuberville submitted SA 6360 and SA 6361, and Johnson submitted SA 6362, SA 6363, SA 6364, and SA 6365. Printed text includes a section on the eligibility of Taiwan for the strategic trade authorization exception, a report on strategic and critical materials, a $2,000,000 increase for research and development relating to rare earth elements, and $4,000,000,000 authorized for protecting the electric grid from cyber warfare and electromagnetic pulse threats.
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“Congressional Record — Senate, September 29, 2022, Page S5895.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-29-crec-2022-09-29-pt1-pgs5895-5-b52148d372/
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5895
effect as if enacted into law on September 2, tary personnel strengths for such fiscal amendment SA 5499 submitted by Mr.
2019. year, and for other purposes; which was REED (for himself and Mr. INHOFE) and
ordered to lie on the table; as follows: intended to be proposed to the bill H.R.
SA 6359. Ms. MURKOWSKI submitted
At the end of subtitle B of title XIV, add 7900, to authorize appropriations for
an amendment intended to be proposed
the following: fiscal year 2023 for military activities
to amendment SA 5499 submitted by SEC. 1414. REPORT ON STRATEGIC AND CRITICAL of the Department of Defense, for mili-
Mr. REED (for himself and Mr. INHOFE) MATERIALS.
tary construction, and for defense ac-
and intended to be proposed to the bill (a) FINDING.—Congress finds that the annex
tivities of the Department of Energy,
H.R. 7900, to authorize appropriations provided by the Department of Defense under
section 851 of the William M. (Mac) Thorn- to prescribe military personnel
for fiscal year 2023 for military activi-
berry National Defense Authorization Act strengths for such fiscal year, and for
ties of the Department of Defense, for
for Fiscal Year 2021 (Public Law 116–283; 134 other purposes; which was ordered to
military construction, and for defense
Stat. 3773) did not contain every element re- lie on the table; as follows:
activities of the Department of Energy,
quired under such section. At the end of subtitle D of title XII, add
to prescribe military personnel (b) REPORT REQUIRED.—Not later than June
strengths for such fiscal year, and for the following:
1, 2023, the Under Secretary of Defense for
other purposes; which was ordered to Acquisition and Sustainment shall submit to SEC. 1254. ELIGIBILITY OF TAIWAN FOR THE
lie on the table; as follows: the Committees on Armed Services of the STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT
At the end of subtitle C of title VIII, add Senate and the House of Representatives a
CONTROL LICENSING REQUIRE-
the following: report describing strategic and critical ma- MENTS.
SEC. 848. MODIFICATION OF DEFINITION OF DO- terials requirements of the Department of
Defense, including the gaps and (a) FINDINGS.—Congress makes the fol-
MESTIC SOURCE UNDER DEFENSE
PRODUCTION ACT OF 1950. vulnerabilities in supply chains of such ma- lowing findings:
Section 702(7)(A) of the Defense Production terials. (1) Taiwan has adopted high standards in
Act of 1950 (50 U.S.C. 4552(7)(A)) is amended (c) ELEMENTS.—The Under Secretary shall the field of export controls.
by striking ‘‘the United States or Canada’’ include in the report required by subsection (2) Taiwan has declared its unilateral ad-
and inserting ‘‘the United States, the United (b) the following: herence to the Missile Technology Control
Kingdom, Australia, or Canada (or, in the (1) The overall annual tonnage of each Regime, the Wassenaar Arrangement, the
case of actions carried out pursuant to Presi- strategic or critical material used by the De- Australia Group, and the Nuclear Suppliers
dential Determination No. 2022–11 (87 Fed. partment of Defense during the 10-year pe- Group.
Reg. 19775), the United States)’’. riod ending on December 31, 2021. (3) At the request of President George W.
(2) An evaluation of the benefits of a ro- Bush, section 1206 of the Foreign Relations
SA 6360. Mr. TUBERVILLE sub- bust domestic supply chain for strategic and Authorization Act, Fiscal Year 2003 (Public
critical materials. Law 107–228; 22 U.S.C. 2321k note) required
mitted an amendment intended to be
(3) An evaluation of the effects of the use that Taiwan be treated as if it were des-
proposed to amendment SA 5499 sub- ignated as a major non-NATO ally (as de-
of waivers by the Strategic Materials Protec-
mitted by Mr. REED (for himself and fined in section 644(q) of the Foreign Assist-
tion Board established under section 187 of
Mr. INHOFE) and intended to be pro- title 10, United States Code, on the domestic ance Act of 1961 (22 U.S.C. 2403(q)).
posed to the bill H.R. 7900, to authorize supply of strategic and critical materials. (b) ELIGIBILITY FOR STRATEGIC TRADE AU-
appropriations for fiscal year 2023 for (4) An identification of the improvements THORIZATION.—The President, consistent
military activities of the Department to the National Defense Stockpile that are with the commitments of the United States
of Defense, for military construction, required to further ensure that the Depart- under international arrangements, shall
and for defense activities of the De- ment of Defense has access to strategic and take steps so that Taiwan may be treated as
partment of Energy, to prescribe mili- critical materials, aligning the goals of the if it were included in the list of countries eli-
stockpile with those of the Department and gible for the strategic trade authorization
tary personnel strengths for such fiscal
prioritize existing and future needs for exception under section 740.20(c)(1) of the Ex-
year, and for other purposes; which was emerging technologies. port Administration Regulations to the re-
ordered to lie on the table; as follows: (5) An evaluation of the domestic proc- quirement for a license for the export, re-ex-
At the appropriate place in title II, insert essing and manufacturing capacity required port, or in-country transfer of an item sub-
the following: to supply strategic and critical materials to ject to controls under the Export Adminis-
SEC. lll. FUNDING FOR RESEARCH AND DE- the Department of Defense, including identi- tration Regulations.
VELOPMENT RELATING TO RARE fying, in consultation with the Director of (c) CRITERIA.—Before the President may
EARTH ELEMENTS. the United States Geological Survey, domes- treat Taiwan as eligible for the exception de-
(a) INCREASE.—Notwithstanding the tic locations of proven sources of such stra- scribed in subsection (b), the President shall
amounts set forth in the funding tables in di- tegic and critical materials with existing ensure that Taiwan satisfies any applicable
vision D, the amount authorized to be appro- commercial manufacturing capabilities. criteria normally required for inclusion in
priated for the National Defense Stockpile (6) An identification of all minerals that the Country Group A:5 list set forth in Sup-
Transaction Fund, as specified the funding are strategic and critical materials, and sup- plement No. 1 to part 740 of the Export Ad-
table in section 4501, is hereby increased by ply chains for such minerals, that originate ministration Regulations, particularly with
$2,000,000 (with the amount of such increase in or pass through the Russian Federation. respect to alignment of export control poli-
to be used to strengthen and implement the (7) An evaluation of the process required to cies with such policies of the United States.
domestic industrial base for rare earth immediately halt the procurement of min-
metallization related to permanent magnet (d) EXPORT ADMINISTRATION REGULATIONS
erals described in paragraph (6) or products DEFINED.—In this section, the term ‘‘Export
production and related projects. by the Federal Government without ad-
(b) OFFSET.—Notwithstanding the amounts Administration Regulations’’ has the mean-
versely affecting national security. ing given that term in section 1742 of the Ex-
set forth in the funding tables in division D, (8) Any limits on the availability of infor-
the amount authorized to be appropriated in port Control Reform Act of 2018 (50 U.S.C.
mation preventing or limiting the Under 4801).
section 201 for research, development, test, Secretary from fully addressing an element
and evaluation, Army, as specified in the described in paragraphs (1) through (7) in the
corresponding funding table in section 4201, report. SA 6363. Mr. JOHNSON submitted an
for system development and demonstration, (9) Any legislative recommendations, stat- amendment intended to be proposed to
integrated personnel and pay system-Army utory authority, or appropriations necessary amendment SA 5499 submitted by Mr.
(IPPS-A) (PE 0605018A), line 123, is hereby re- to improve the ability of the Department to REED (for himself and Mr. INHOFE) and
duced by $2,000,000. monitor and address its strategic and crit- intended to be proposed to the bill H.R.
ical materials requirements. 7900, to authorize appropriations for
SA 6361. Mr. TUBERVILLE sub- (d) FORM.—The report required in sub-
mitted an amendment intended to be section (b) shall be submitted in unclassified fiscal year 2023 for military activities
proposed to amendment SA 5499 sub- form but may include a classified annex. of the Department of Defense, for mili-
mitted by Mr. REED (for himself and (e) STRATEGIC AND CRITICAL MATERIALS DE- tary construction, and for defense ac-
Mr. INHOFE) and intended to be pro- FINED.—In this section, the term ‘‘strategic tivities of the Department of Energy,
dlhill on DSK120RN23PROD with SENATE
posed to the bill H.R. 7900, to authorize and critical materials’’ has the meaning to prescribe military personnel
given such term in section 12 of the Stra- strengths for such fiscal year, and for
appropriations for fiscal year 2023 for tegic and Critical Materials Stock Piling Act
military activities of the Department other purposes; which was ordered to
(50 U.S.C. 98h–3).
of Defense, for military construction, lie on the table; as follows:
and for defense activities of the De- SA 6362. Mr. JOHNSON submitted an At the end of subtitle G of title X, add the
partment of Energy, to prescribe mili- amendment intended to be proposed to following:
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S5896 CONGRESSIONAL RECORD — SENATE September 29, 2022
SEC. 1077. PROTECTION OF ELECTRIC GRID OF SA 6365. Mr. JOHNSON submitted an ‘‘(iii) operate at a government-owned or
UNITED STATES FROM CYBER WAR- government-leased facility or asset;
FARE AND ELECTROMAGNETIC
amendment intended to be proposed to
amendment SA 5499 submitted by Mr. ‘‘(iv) not conduct inherently governmental
PULSE THREATS.
functions;
(a) IN GENERAL.—The Secretary of Defense REED (for himself and Mr. INHOFE) and
‘‘(v) be trained to safeguard privacy and
and the Director of the Cybersecurity and In- intended to be proposed to the bill H.R. civil liberties; and
frastructure Security Agency shall provide 7900, to authorize appropriations for ‘‘(vi) be trained and certified, including
information and resources, including fiscal year 2023 for military activities use-of-force training and certification, by
through the procurement or construction of of the Department of Defense, for mili- the Department of State to meet the estab-
large power transformers, to entities de- tary construction, and for defense ac- lished standards and regulations of the De-
scribed in subsection (b) to protect the elec- partment of State.
tivities of the Department of Energy,
tric grid of the United States from cyber ‘‘(6) The term ‘risk-based assessment’
warfare and electromagnetic pulse threats, to prescribe military personnel
strengths for such fiscal year, and for means an evaluation of threat information
including— specific to a covered facility or asset and,
(1) a high-altitude nuclear electromagnetic other purposes; which was ordered to with respect to potential impacts on the
pulse attack; lie on the table; as follows: safety and efficiency of the national airspace
(2) a natural electromagnetic pulse gen- At the end of subtitle G of title X, add the system and the needs of law enforcement and
erated by a solar superstorm; and following: national security at each covered facility or
(3) other cyber electromagnetic pulse SEC. 1077. COUNTERING EMERGING AERIAL asset identified by the Secretary of State, of
threats, such as radiofrequency weapons. THREATS TO DIPLOMATIC SECU- each of the following factors:
(b) ENTITIES DESCRIBED.—The entities de- RITY.
‘‘(A) Potential impacts to safety, effi-
scribed in this subsection are the following: Title I of the State Department Basic Au- ciency, and use of the national airspace sys-
(1) State governmental entities responsible thorities Act of 1956 (22 U.S.C. 2561a et seq.) tem, including potential effects on manned
for national and homeland security. is amended by adding at the end the fol- aircraft and unmanned aircraft systems or
(2) Public utility commissions. lowing: unmanned aircraft, aviation safety, airport
(3) The North American Electric Reli- ‘‘SEC. 64. PROTECTION OF CERTAIN FACILITIES
operations, infrastructure, and air naviga-
ability Corporation. AND ASSETS FROM UNMANNED AIR-
CRAFT. tion services relating to the use of any sys-
(4) Utilities that supply electricity to mili- tem or technology for carrying out the ac-
tary installations and critical defense indus- ‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate committees of tions described in subsection (c).
tries, as determined by the Secretary of De- ‘‘(B) Options for mitigating any identified
fense, within the continental United States. Congress’ means—
‘‘(A) the Committee on Foreign Relations, impacts to the national airspace system re-
(c) FUNDING.— lating to the use of any system or tech-
(1) IN GENERAL.—There is authorized to be the Committee on the Judiciary, the Com-
mittee on Commerce, Science, and Transpor- nology, including minimizing, when possible,
appropriated to the Secretary of Defense the use of any technology that disrupts the
$4,000,000,000 to carry out this section. tation, and the Select Committee on Intel-
ligence of the Senate; and transmission of radio or electronic signals,
(2) OFFSET.—Of the unobligated balances for carrying out the actions described in sub-
made available under the American Rescue ‘‘(B) the Committee on Foreign Affairs, the
Committee on the Judiciary, the Committee section (c).
Plan Act of 2021 (Public Law 117–2; 135 Stat. ‘‘(C) Potential consequences of the impacts
4), or an amendment made by such Act, there on Transportation and Infrastructure, the
Committee on Energy and Commerce, and of any actions taken under subsection (c) to
is rescinded, on a pro rata basis, the national airspace system and infrastruc-
$4,000,000,000. the Permanent Select Committee on Intel-
ligence of the House of Representatives. ture if not mitigated.
--- ‘‘(D) The ability to provide reasonable ad-
SA 6364. Mr. JOHNSON submitted an ‘‘(2) The term ‘budget’, with respect to a
fiscal year, means the budget for that fiscal vance notice to aircraft operators consistent
amendment intended to be proposed to with the safety of the national airspace sys-
year that is submitted to Congress by the
amendment SA 5499 submitted by Mr. President under section 1105(a) of title 31, tem and the needs of law enforcement and
REED (for himself and Mr. INHOFE) and United States Code. national security.
intended to be proposed to the bill H.R. ‘‘(3) The term ‘covered facility or asset’ ‘‘(E) The setting and character of any cov-
7900, to authorize appropriations for means any facility or asset that— ered facility or asset, including—
fiscal year 2023 for military activities ‘‘(A) is identified as high-risk and a poten- ‘‘(i) whether the covered facility or asset is
tial target for unlawful unmanned aircraft located in a populated area or near other
of the Department of Defense, for mili- structures;
tary construction, and for defense ac- activity by the Secretary of State, in coordi-
nation with the Secretary of Transportation ‘‘(ii) whether the covered facility or asset
tivities of the Department of Energy, is open to the public;
with respect to potentially impacted air-
to prescribe military personnel space, through a risk-based assessment; ‘‘(iii) whether the covered facility or asset
strengths for such fiscal year, and for ‘‘(B) is located in the United States; and is used for nongovernmental functions; and
other purposes; which was ordered to ‘‘(C) directly relates to the security or pro- ‘‘(iv) any potential for interference with
lie on the table; as follows: tection operations of the Department of wireless communications or for injury or
State, including operations pursuant to— damage to persons or property.
At the end of subtitle C of title VII, add
‘‘(i) section 37; or ‘‘(F) Potential consequences to national se-
the following:
‘‘(ii) the Omnibus Diplomatic Security and curity, public safety, or law enforcement if
SEC. 753. USE OF CERTAIN DOMESTICALLY PRO- threats posed by unmanned aircraft systems
DUCED MEDICAL ISOTOPES BY DE- Antiterrorism Act of 1986 (22 U.S.C. 4801 et
PARTMENT OF DEFENSE AND DE- seq.). or unmanned aircraft are not mitigated or
PARTMENT OF VETERANS AFFAIRS. ‘‘(4) The terms ‘electronic communication’, defeated.
(a) INCREASED USE.—Beginning not later ‘intercept’, ‘oral communication’, and ‘wire ‘‘(7) The terms ‘unmanned aircraft’ and
than September 30, 2023, the Secretary of De- communication’ have the meanings given ‘unmanned aircraft system’ have the mean-
fense and the Secretary of Veterans Affairs those terms in section 2510 of title 18, United ings given those terms in section 44801 of
shall take steps to increase the use of tech- States Code. title 49, United States Code.
‘‘(b) AUTHORITY OF THE DEPARTMENT OF
netium 99m patient doses procured from do- ‘‘(5)(A) The term ‘personnel’ means—
STATE.—Notwithstanding section 46502 of
mestically manufactured molybdenum 99 (in- ‘‘(i) an officer, employee, or contractor of
title 49, United States Code, or sections 32,
cluding by developing a plan to increase the the Department of State, who is authorized
1030, 1367, and chapters 119 and 206 of title 18,
use of technetium 99m patient doses pro- to perform duties that include safety, secu- United States Code, the Secretary of State
cured from domestically manufactured mo- rity, or protection of people, facilities, or as- may take, and may authorize personnel with
lybdenum 99) only if such increase does not sets; or assigned duties that include the safety, secu-
result in a cost increase compared to the ‘‘(ii) an employee who is trained and cer- rity, or protection of people, facilities, or as-
competitive market. tified to perform those duties, including sets to take, actions described in subsection
(b) REPORT.—Not later than September 30, training specific to countering unmanned (c) that are necessary to detect, identify,
2023, and on an annual basis thereafter until aircraft threats and mitigating risks in the monitor, track, and mitigate a credible
September 30, 2028, the Secretary of Defense national airspace. threat (as defined by the Secretary of State,
and the Secretary of Veterans Affairs shall ‘‘(B) To qualify for use of the authorities in consultation with the Secretary of Trans-
jointly submit to the Committee on Appro- described in subsection (b), a contractor con- portation through the Administrator of the
dlhill on DSK120RN23PROD with SENATE
priations of the Senate and the Committee ducting operations described in that sub- Federal Aviation Administration) that an
on Appropriations of the House of Represent- section must— unmanned aircraft system or unmanned air-
atives a report on the percentage of tech- ‘‘(i) be directly contracted by the Depart- craft poses to the safety or security of a cov-
netium 99m patient doses procured by each ment of State; ered facility or asset.
Secretary from domestically manufactured ‘‘(ii) provide, in the contract, insurance ‘‘(c) ACTIONS DESCRIBED.—
molybdenum 99 during the one-year period coverage sufficient to compensate tort vic- ‘‘(1) IN GENERAL.—The actions authorized
preceding the date of the report. tims; by subsection (b) are the following:
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