[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Page S3791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6597. Mr. HUSTED submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 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 G of title X, insert the following:
SEC. 1094. APPOINTMENT OF HIGHLY QUALIFIED EXPERTS TO BUREAU
OF INDUSTRY AND SECURITY.
(a) In General.--The Under Secretary of Commerce for
Industry and Security, in order to attract to the Bureau of
Industry and Security highly qualified experts in needed
occupations (as determined by the Under Secretary), may--
(1) conduct an annual study to identify specific gaps in
expertise at the Bureau that have been difficult to fill
through the civil service and constrain the Bureau's ability
to effectively fulfil the Bureau's mandate;
(2) notwithstanding any provision of section 3304 or
sections 3309 through 3318 of title 5, United States Code,
appoint personnel from outside the civil service (as defined
in section 2101 of title 5, United States Code) that have the
expertise identified pursuant to paragraph (1), including
individuals with previous experience in the intelligence
community (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)), to positions in the Bureau;
and
(3) prescribe the rates of basic pay for positions to which
employees are appointed under paragraph (2) at rates not in
excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of title 5, United
States Code, as increased by locality-based comparability
payments under section 5304 of that title, notwithstanding
any provision of that title governing the rates of pay or
classification of employees in the executive branch.
(b) Limitation on Term of Appointment.--
(1) In general.--Except as provided in paragraph (2), the
service of an employee under an appointment made pursuant to
subsection (a) may not exceed 5 years.
(2) Extensions.--The Under Secretary may, in the case of a
particular employee, extend the period to which service is
limited under paragraph (1) by not more than one additional
year if the Under Secretary determines that such action is
necessary to promote the national security or foreign policy
of the United States.
(c) Limitation on Total Annual Compensation.--
Notwithstanding any other provision of this section or of
section 5307 of title 5, United States Code, no additional
payments may be paid to an employee appointed under
subsection (a) in any calendar year if, or to the extent
that, the total annual compensation of the employee will
exceed the maximum amount of total annual compensation
payable to the Vice President under section 104 of title 3,
United States Code.
(d) Limitation on Number of Employees.--The number of
employees appointed and retained by the Under Secretary under
subsection (a) shall not exceed 25 at any time.
(e) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the Under
Secretary shall submit to the committees specified in
paragraph (2) a report that includes--
(A) a list of areas in which the Under Secretary has
identified specific gaps in expertise pursuant to subsection
(a)(1);
(B) a description of the steps taken by the Under Secretary
to appoint personnel with expertise in such areas from within
the civil service during the period specified in paragraph
(3);
(C) the number of individuals appointed to the Bureau of
Industry and Security under the authority provided by this
section during the period specified in paragraph (3);
(D) a description of the qualifications of such individuals
and their responsibilities during that period;
(E) a description of the impact of such individuals on
carrying out the mission of the Bureau of Industry and
Security; and
(F) an assessment of the long-term staffing needs of the
Bureau of Industry and Security pertaining to export
controls, including those needs identified in the course of
carrying out this section.
(2) Committees specified.--The committees specified in this
paragraph are--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Oversight and Government Reform of the
House of Representatives; and
(C) the Committee on Foreign Affairs of the House of
Representatives.
(3) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report required by paragraph
(1), the 180-day period preceding submission of the report;
and
(B) in the case of any subsequent report required by
paragraph (1), the one-year period preceding submission of
the report.
(f) Rule of Construction.--Nothing in this section shall be
construed to waive any requirement regarding--
(1) background investigations or qualifications of
applicants to positions with the Bureau of Industry and
Security; or
(2) compliance with applicable Federal ethics and conflict-
of-interest laws.
(g) Termination.--
(1) In general.--The authority provided by this section
shall cease to be effective on the date that is 5 years after
the date of the enactment of this section.
(2) Savings provisions.--In the case of an employee who, on
the day before the termination date under paragraph (1), is
serving in a position pursuant to an appointment under
subsection (a)--
(A) the termination of the authority does not terminate the
employee's employment in that position before the expiration
of the lesser of--
(i) the period for which the employee was appointed; or
(ii) the period to which the employee's service is limited
under subsection (b), including any extension made under
paragraph (2) of that subsection before the termination of
the authority; and
(B) the rate of basic pay prescribed for the position may
not be reduced as long as the employee continues to serve in
the position without a break in service.
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