[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5321-S5322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3557. Ms. SLOTKIN submitted an amendment intended to be proposed
by her 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__. AUDIT AND UPDATED GUIDANCE TO REDUCE, MITIGATE, OR
ELIMINATE RISK FROM CLOUD COMPUTING CONTRACTS
WITH FOREIGN EXPOSURE.
(a) Review of Foreign Exposure From Department of Defense
Cloud Computing Contracts.--
(1) Audit required.--The Inspector General of the
Department of Defense shall conduct an audit of cloud
computing contracts for the Department of Defense to assess
the risk of exposure of sensitive information, including
data, systems architecture details, procedures, or other
controlled unclassified information, as a result of policies
that may have allowed computer scientists or engineers from
foreign countries of concern to access proposed software
updates to underlying cloud computing infrastructure or
operating systems.
(2) Elements.--The audit conducted pursuant to paragraph
(1) shall cover the following:
(A) Determination of how many cloud computing contracts
the Department has that may be or have been supported by
employees located in foreign countries of concern or are
citizens of foreign countries of concern.
[[Page S5322]]
(B) Identification of policies or clauses in such cloud
computing contracts that allow for the use of so called
``digital escorts'', computer scientists, or engineers from
foreign countries of concern.
(C) Assessment of agreements in place that use so called
``digital escorts'' to provide oversight to employees from
foreign countries of concern, including identification of
instances in which such authorities were used during the
period beginning on January 1, 2022, and ending on the date
of the enactment of this Act.
(D) Assessment of the national security risks that stem
from cloud computing contracts that use labor from foreign
countries of concern.
(E) Recommendations on ways to reduce, mitigate, or
eliminate risk from initiatives such as so called ``digital
escorting'', or the use of computer scientists or engineers
from foreign countries of concern.
(3) Report to congress.--Not later than July 1, 2026, the
Inspector General shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report setting forth the
findings of the Inspector General with respect to the audit
conducted pursuant to paragraph (1).
(b) Guidance to Reduce, Mitigate, or Eliminate Risk.--
(1) Guidance.--Based on the audit conducted under
subsection (a), the Secretary shall issue new guidance to
reduce, mitigate, or eliminate risk to Department data or
cloud computing infrastructure from foreign countries of
concern.
(2) Requirements.--The guidance issued pursuant to
paragraph (1) shall--
(A) restrict the use of personnel from foreign countries
of concern to support Department information technology
systems; and
(B) require disclosure to the congressional defense
committees if the Secretary finds a Department information
technology system is maintained by personnel from a foreign
country of concern.
(3) Waiver.--The Secretary may waive any guidance issued
under paragraph (1) in any case in which the Secretary
certifies in writing that such waiver--
(A) does not pose a risk to national security; and
(B) is necessary in the interest of national security.
(c) Definition of Foreign Country of Concern.--ln this
section, 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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