S.Amdt. 2539

SA 2539. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 2185 submitted by Mr. Wicker (for himself, Mr. Lee, Mrs. Fischer, and Mr. Cornyn) and intended to be proposed to the bill S. 1197, to authorize appropriations for fiscal year 2014 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, add the following:

(c) National Security Waiver.--

(1) In general.--The President may waive the certification requirement in subsection (a) if the President, acting jointly through the Secretary of Defense and the Director of National Intelligence, certifies to Congress that the waiver is in the interests of the national security of the United States, provided--

(A) all data collected or transmitted from ground monitoring stations covered by the waiver shall not be encrypted;

(B) all foreign nationals involved in the construction, operation, and maintenance of such ground monitoring stations shall be accompanied by cleared United States persons or United States law enforcement personnel;

(C) such ground monitoring stations shall be not located in geographic proximity to sensitive United States national security sites;

(D) the United States shall approve all equipment to be located at such ground stations; and

(E) appropriate actions are taken to ensure that any such ground monitoring station does not pose a cyber espionage or other cyber threat to the United States.

(2) Waiver report.--The waiver in this subsection shall be accompanied by a written report to the appropriate congressional committees that sets forth--

(A) the reason why it is not possible to provide the certification in subsection (a);

(B) an assessment of the impact of the waiver on the national security of the United States;

(C) a description of the means to be used to mitigate any such impact to the United States for the duration that such ground monitoring stations are operated on United States Government soil;

(D) to the extent possible, the elements of the report required by subsection (b); and

(E) any other information in connection with the waiver that the President considers appropriate.