S.Amdt. 2288Senate116th Congress (2019-2021)
S.Amdt. 2288
Sponsored by
Sen. Ben Sasse (R-NE)
Submitted June 29, 2020
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Senate amendment submitted
June 29, 2020
Text
Submitted
SA 2288. Mr. SASSE submitted an amendment intended to be proposed by him to the bill S. 4049, to authorize appropriations for fiscal year 2021 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 XII, add the following: SEC. 1287. MODIFICATIONS TO TRADE PROMOTION AUTHORITY. (a) Trade Negotiating Objectives.--Section 102 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (14) and (15) as paragraphs (18) and (19), respectively; and (B) by inserting after paragraph (13) the following: ``(14) to enhance the security of the United States; ``(15) to increase the access of the United States to critical technology from countries that are trusted allies and security partners of the United States; ``(16) to promote cross-border technological cooperation, development, and adoption of critical technology, including practices and procedures, between the United States and such countries; ``(17) to provide a free world alternative to the `Made in China 2025' technological initiative of the People's Republic of China;''; and (2) in subsection (b), by adding at the end the following: ``(23) National security.--The principal negotiating objective of the United States with respect to national security is to establish a critical technology trade partnership agreement with countries that are trusted allies and security partners of the United States-- ``(A) to develop a trusted, secure, and competitive telecommunications equipment alternative to Huawei Technologies; ``(B) to establish an international security innovation base between the United States and such countries; ``(C) to enhance technical collaboration efforts between the United States and such countries on technologies applicable to both the national security and commercial sectors either through elevating existing programs of collaboration or the creation of new partnership mechanisms; ``(D) to accelerate or obtain other priority treatment for such countries for-- ``(i) foreign military sales and financing; and ``(ii) the export, import, and transfer of defense articles, services, and related technology; and ``(E) to enhance cooperation between the United States and such countries regarding the review of investments subject to the National Industrial Security Program, the Committee on Foreign Investment in the United States, or similar entities in such countries.''. (b) Consultations With Members of Congress.--Section 104(a)(1) of such Act (19 U.S.C. 4203(a)(1)) is amended-- (1) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(F) with regard to any negotiations and agreement relating to national security, consult closely and on a timely basis (including immediately before initialing an agreement) with and keep fully appraised of the negotiations the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. Consultations under this subparagraph may be conducted be a designee of the Trade Representative from the Department of State, the Department of Defense, the Department of Homeland Security, the Office of the Director of National Intelligence, the Department of Energy, the Department of Treasury, or any other Federal agency the Trade Representative considers appropriate.''. (c) Notice, Consultations, and Reports Before Negotiation.--Section 105(a) of such Act (19 U.S.C. 4204(a)) is amended by adding at the end the following: ``(6) Negotiations regarding national security.-- ``(A) In general.--The United States Trade Representative shall prioritize the following criteria when determining which countries should be considered for participation in a critical technology partnership agreement: [[Page S3735]] ``(i) The existence of mutual security and defense agreements and the country's general commitment to investment in national defense. ``(ii) Practices and procedures that reflect standards similar to the standards in the United States national security laws and regulations regarding supply chain security, export control, and foreign investment. ``(iii) Record of commitment to investment in research, development, and utilization of critical and emerging technology. ``(iv) Current and planned domestic telecommunications infrastructure vendors. ``(B) Endorsement of other agencies required.--The United States Trade Representative shall secure the formal endorsement of the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Treasury, the Secretary of Energy, and the Director of National Intelligence with respect to a critical technology partnership agreement before submitting the notice to Congress of intention to sign the agreement under paragraph (1)(A). ``(C) Additional consultations.--Before initiating or continuing negotiations for an agreement that directly related to national security with any country, the President shall-- ``(i) consult with-- ``(I) the Select Committee on Intelligence and the Committee on Finance of the Senate; and ``(II) the Permanent Select Committee on Intelligence and the Committee on Ways and Means of the House of Representatives; and ``(ii) keep those committees appraised of the negotiations on an ongoing and timely basis''. ______