[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 616. Mr. SASSE submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. ___. PRECLUDING FOREIGN NATIONALS THAT POSE A NATIONAL 
                   SECURITY RISK FROM WORKING ON DEPARTMENT OF 
                   DEFENSE-FUNDED PROJECTS.

       (a) Prohibition.--Subject to subsection (d), the Secretary 
     of Defense may not provide any funding to any institution of 
     higher education or any other entity to conduct any research 
     or development project unless the Secretary has completed an 
     assessment of the institution or entity under subsection (b) 
     and determined that the institution or entity meets the 
     requirements set forth under subsection (c).
       (b) Assessment.--The Secretary of Defense, in coordination 
     with the Secretary of Energy, the Secretary of State, and the 
     Director of National Intelligence, shall assess each 
     institution of higher education and any other entity that 
     receives funding from the Department of Defense for a 
     research or development project to determine whether the 
     institution or entity meets the requirements set forth under 
     subsection (c).
       (c) Requirements.--The requirements set forth under this 
     subsection are, with respect to any institutions, entities, 
     and projects described in subsection (a), the following:
       (1)(A) Any foreign national working on such a project does 
     not have ties to a foreign government, military, or 
     intelligence agency, either officially or unofficially 
     through sponsorship or coercion, that would put a United 
     States national security interest at unnecessary risk; or
       (B)(i) a foreign national working on such a project is 
     known to have such a tie and the foreign national has been 
     thoroughly vetted by either the National Counterintelligence 
     and Security Center, the Counterintelligence Division at the 
     Defense Intelligence Agency, or the appropriate Department of 
     Defense entity in charge of investigating counterintelligence 
     concerns to ensure that the foreign national's participation 
     does not result in sensitive intellectual property, 
     technologies, or research projects being known to a 
     government that could use it against the interests of the 
     United States or its allies; and
       (ii) the National Counterintelligence and Security Center, 
     the Counterintelligence Division at the Defense Intelligence 
     Agency, or appropriate Department of Defense entity has 
     verified that the appropriate information security measures 
     have been taken to limit unnecessary risk to United States 
     national security.
       (2) The institution or entity has appropriate processes and 
     procedures in effect to identify and vet a foreign national 
     working on such project.
       (3) The institution or entity has consulted with either the 
     National Counterintelligence and Security Center, the 
     Counterintelligence Division at the Defense Intelligence 
     Agency, or the appropriate Department of Defense entity in 
     charge of investigating counterintelligence concerns to 
     establish and implement appropriate information security and 
     counterintelligence best practices, including educating 
     researchers to guard against a foreign threat to a critical 
     technology.
       (d) Waiver.--
       (1) In general.--The Secretary of Defense may waive the 
     prohibition in subsection (a) for an institution of higher 
     education or another entity if the Secretary--
       (A) determines the waiver is in the national security 
     interest of the United States; and
       (B) not later than 30 days after the date on which the 
     Secretary makes a determination under subparagraph (A), 
     submits to the appropriate committees of Congress a report on 
     such determination and the reasons for the determination, 
     including any countries to which the determination applies.
       (2) Form of report.--A report submitted under paragraph 
     (1)(B) shall be submitted in an unclassified form, but may 
     contain a classified annex.
       (3) Standing exemptions.--The Secretary, in consultation 
     with the Director of National Intelligence, may create a 
     standing exemption to the prohibition in subsection (a) for 
     foreign nationals that are citizens of Great Britain, Canada, 
     Australia, and New Zealand.
       (e) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the congressional defense committees;
       (2) the Committee on Energy and Natural Resources, the 
     Committee on Foreign Relations, and the Select Committee on 
     Intelligence of the Senate; and
       (3) the Committee on Energy and Commerce, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
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