[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Page S3133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1605. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 
1260, to establish a new Directorate for Technology and Innovation in 
the National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

       In title V of division B, at the end add the following:

     SEC. 25__. REQUIREMENTS FOR CERTIFICATION FROM THE DIRECTOR 
                   OF NATIONAL INTELLIGENCE FOR PROSPECTIVE 
                   FUNDING RECIPIENTS.

       (a) In General.--The head of a Federal agency making an 
     award of funding under this division (or an amendment made by 
     this division) shall, prior to disbursement of such award, 
     receive certification from the Director of National 
     Intelligence that each of the following requirements are met:
       (1) The Director of National Intelligence (or its designee) 
     has completed a comprehensive risk analysis of the 
     prospective award recipient, including the proposed project 
     for the award, scope of such project, personnel involved in 
     such project, any technology involved in such project, and 
     goals of the project.
       (2) Any personnel deriving funding from the award, or any 
     persons that will have access to resources or data derived 
     from the award, shall have been appropriately screened 
     (including through necessary background checks or security 
     clearances), as determined at the sole discretion of the 
     Director of National Intelligence.
       (3) All technology directly or indirectly used, operated, 
     or accessed by the award recipient is secure and in 
     compliance with appropriate Federal standards, as determined 
     by Director of National Intelligence.
       (4) Access to relevant physical facilities is limited to 
     only appropriate personnel, as determined by the Director of 
     National Intelligence.
       (b) Denial Based on High Risk.--The Director of National 
     Intelligence may deny certification under subsection (a) if 
     the Director of National Intelligence determines through the 
     risk analysis under subsection (a)(1) that the project to be 
     conducted through the award is subject to a high degree of 
     risk of espionage or infiltration, is unsecured, or (in the 
     determination of the Director of National Intelligence) is an 
     unacceptable risk to the security or national interests of 
     the United States. Such a decision is not reviewable.
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