[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Page S5053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3218. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 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 appropriate place in title XVI, insert the 
     following:

     SEC. 16__. PROHIBITION ON ACCESS TO DEPARTMENT OF DEFENSE 
                   DATA BY PERSONS WHO ARE NOT UNITED STATES 
                   CITIZENS.

       (a) Maintenance, Administration, Operation, and Access.--
       (1) In general.--An individual who is not a citizen of the 
     United States shall not maintain, administer, operate, 
     access, use, or receive information about, including through 
     physical or remote means or by proxy, irrespective of whether 
     the individual is supervised by a citizen of the United 
     States, any Department of Defense cloud computing system, 
     Department data, or Department-related data.
       (2) Safeguards.--The Secretary of Defense shall establish 
     regulations to carry out paragraph (1), including safeguards 
     to ensure that no individual described in paragraph (1) 
     maintains, administers, operates, accesses, or uses any 
     system or data in violation of that paragraph.
       (b) Department of Defense Guidance, Directives, Procedures, 
     Requirements, and Regulations.--The Secretary shall--
       (1) review all relevant guidance, directives, procedures, 
     requirements, and regulations of the Department of Defense, 
     including the Cloud Computing Security Requirements Guide, 
     the Security Technical Implementation Guides, and related 
     Department instructions; and
       (2) make such revisions as may be necessary to ensure 
     conformity and compliance with subsection (a).
       (c) Review and Report.--The Secretary shall--
       (1) conduct a review of all cloud computing contracts in 
     effect for the Department--
       (A) for any violations of section 252.225-7058 of the 
     Defense Federal Acquisition Regulation Supplement and 
     recommended penalties; and
       (B) to determine--
       (i) which contracts have allowed persons who are not United 
     States citizens to maintain, administer, operate, or access, 
     through physical, remote, or by proxy, whether supervised or 
     unsupervised by a United States citizen, any Government cloud 
     system, Government data, or Government-related data; and
       (ii) how many of the persons described in clause (i) are 
     citizens of foreign countries of concern; and
       (2) submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the findings of the Secretary 
     with respect to the review conducted pursuant to paragraph 
     (1).
       (d) Definitions.--ln this section:
       (1) The term``cloud computing'' has the meaning given such 
     term in section 239.7601 of the Defense Federal Acquisition 
     Regulation Supplement, or successor regulation.
       (2) The terms ``Department data'' and ``Department-related 
     data'' have the meanings given the terms ``Government data'' 
     and ``Government-related data'', respectively, in section 
     239.7601 of the Defense Federal Acquisition Regulation 
     Supplement, or successor regulation, except in this section, 
     such terms apply only to the Department of Defense.
       (3) The term ``foreign country of concern'' has the meaning 
     given that term in section 9901 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (15 U.S.C. 4651).
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