S.Amdt. 5157
What it does: Adds SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS at the appropriate place in division B
Sen. Marco Rubio (R-FL)What it changes
1 change to H.R. 4346
Adds SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS at the appropriate place in division B
Adds a sectionInserted: SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS.
Inserted: (a) Counterintelligence Screening Process.--
Inserted: (1) Establishment.--The Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation shall jointly establish a counterintelligence screening process to protect the United States against efforts of China and other foreign entities to engage in economic espionage and to misappropriate United States intellectual property, research and development, and innovation efforts.
Inserted: (2) Functions.--Subject to the joint direction and control of the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, the counterintelligence screening process established under paragraph (1) shall assess and screen all funds provided under this Act (including grants awarded under this Act) for potential national security threats.
Inserted: (3) Funding.--Amounts required to carry out the process established under paragraph (1) shall be derived from amounts appropriated to carry out this Act.
Inserted: (b) Protections.--
Inserted: (1) Certification required for receipt of amounts.--Notwithstanding any other provision of this Act, no person may receive any amount (including an amount as part of a grant awarded under this Act) or purchase, lease, or otherwise obtain any intellectual property developed through a grant awarded under this Act, unless the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation jointly certify that the person has sufficient protections in place to protect against misappropriation of United States intellectual property, research and development, and innovation efforts, and other threats from foreign governments and other entities.
Inserted: (2) Certification requirements.--Notwithstanding any other provision of this Act, no certification may be made under paragraph (1) with respect to a person unless such person discloses to the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation the following:
Inserted: (A) Any funding received by the person from a foreign source during the most recent 10-year period.
Inserted: (B) Any financial or in-kind support received by the person from any entity--
Inserted: (i) owned or controlled by the Government of the People's Republic of China; or
Inserted: (ii) in which the Government of the People's Republic of China has an ownership interest.
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Inserted: (C) Any participation of the person in a foreign government talent recruitment program, consistent with sections 10631 and 10632.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place in division B, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5157. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill H.R. 4346, making appropriations for Legislative Branch for the fiscal year ending September 30, 2022, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in division B, insert the following:
SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS.
(a) Counterintelligence Screening Process.--
(1) Establishment.--The Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation shall jointly establish a counterintelligence screening process to protect the United States against efforts of China and other foreign entities to engage in economic espionage and to misappropriate United States intellectual property, research and development, and innovation efforts.
(2) Functions.--Subject to the joint direction and control of the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, the counterintelligence screening process established under paragraph (1) shall assess and screen all funds provided under this Act (including grants awarded under this Act) for potential national security threats.
(3) Funding.--Amounts required to carry out the process established under paragraph (1) shall be derived from amounts appropriated to carry out this Act.
(b) Protections.--
(1) Certification required for receipt of amounts.--Notwithstanding any other provision of this Act, no person may receive any amount (including an amount as part of a grant awarded under this Act) or purchase, lease, or otherwise obtain any intellectual property developed through a grant awarded under this Act, unless the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation jointly certify that the person has sufficient protections in place to protect against misappropriation of United States intellectual property, research and development, and innovation efforts, and other threats from foreign governments and other entities.
(2) Certification requirements.--Notwithstanding any other provision of this Act, no certification may be made under paragraph (1) with respect to a person unless such person discloses to the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation the following:
(A) Any funding received by the person from a foreign source during the most recent 10-year period.
(B) Any financial or in-kind support received by the person from any entity--
(i) owned or controlled by the Government of the People's Republic of China; or
(ii) in which the Government of the People's Republic of China has an ownership interest.
(C) Any participation of the person in a foreign government talent recruitment program, consistent with sections 10631 and 10632.
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Senate amendment submitted
July 21, 2022