S.Amdt. 6594

SA 6594. Mr. LUJAN 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, add the following:

SEC. 1094. NATIONAL SECURITY COMMISSION ON EMERGING SCIENCE
AND TECHNOLOGY.

(a) Establishment.--
(1) In general.--There is hereby established, as of the
date specified in paragraph (2), an independent commission in
the legislative branch of the Federal Government to be known
as the ``Congressional National Security Commission on
Emerging Science and Technology'' (in this section referred
to as the ``Commission'').
(2) Date of establishment.--The date of the establishment
referred to in paragraph (1) is the earlier of--
(A) 30 days after the date of the enactment of this Act; or
(B) the first day of the first Congress that commences
after the date of the enactment of this Act.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 12 members appointed as follows:
(A) Three members appointed by the majority leader of the
Senate, (after consultation with the Chairs of the Committee
on Armed Services and the Select Committee on Intelligence of
the Senate), one of whom will be a member of the Senate and
the other two will not.
(B) Three members appointed by the minority leader of the
Senate, (after consultation with the ranking members of the
Committee on Armed Services and the Select Committee on
Intelligence of the Senate), one of whom will be a member of
the Senate and the other two will not.
(C) Three members appointed by the Speaker of the House of
Representatives, (after consultation with the Chairs of the
Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives),
one of whom will be a member of the House of Representatives
and the other two will not.
(D) Three members appointed by the minority leader of the
House of Representatives, (after consultation with the
ranking members of the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House of
Representatives), one of whom will be a member of the House
of Representatives and the other two will not.
(2) Qualifications.--The members of the Commission who are
not members of Congress and who are appointed under paragraph
(1) (1) shall be individuals from private civilian life who
are eligible to receive the appropriate security clearance to
effectively execute their duties and who are recognized
experts and have relevant professional experience in matters
relating to--
(A) emerging science and technology research and
development;
(B) use of emerging science and technology by national
policy makers and military leaders;
(C) the implementation, funding, or oversight of the
national security policies of the United States;
(D) foreign affairs, the Armed Forces, or other relevant
aspect of United States national security policy;
(E) investment in emerging science and technology;
(F) oversight and regulation of emerging science and
technology products; or
(G) the impact of science and technology on United States
economic competitiveness and national security.
(c) Chair and Vice Chair.--
(1) Chair.--The majority leader of the Senate and the
Speaker of the House of Representatives shall jointly
designate one member of the Commission to serve as Chair of
the Commission.
(2) Vice chair.--The minority leader of the Senate and the
minority leader of the House of Representatives shall jointly
designate one member of the Commission to serve as Vice Chair
of the Commission.
(3) Qualification.--The Chair of the Commission shall be a
member of Congress who has been appointed to serve as a
member of Commission, but the Vice Chair shall not be a
Member of Congress.
(d) Period of Appointment.--Appointments under subsection
(b) shall have terms of appointment that are staggered in the
following manner such that, starting two years after the date
on which the Commission is established, one-third of the
seats on the Commission will be appointed to the following:
(1) The four members of the Senate and the House of
Representatives appointed to serve on the Commission shall
have a term of appointment that expires two years after the
date on which the Commission is established. However, those
seats may then be filled in the same manner as the original
appointment, and thereafter the terms of all subsequent
appointments shall last for four years from the date of the
last expiration of that term.
(2) The second appointment shall have a term of appointment
which shall expire three years after the date on which the
Commission is established. However, those seats may then be
filled in the same manner as the original appointment, and
thereafter the terms of all subsequent appointments shall
last for four years from the date of the previous expiration
of that term.
(3) The third appointment shall have a term of appointment
shall expire four years after the date on which the
Commission is established. However, those seats may then be
filled in the same manner as the original appointment, and
thereafter the terms of all subsequent appointments shall
last for four years from the date of the last expiration of
that term.
(e) Purpose.--The purposes of the Commission are--
(1) to examine and make recommendations with respect to
emerging science and technology as they pertain to current
and future national security missions and activities of the
United States;
(2) to ensure the position of the United States as a
leading source of scientific innovation; and

[[Page S3787]]

(3) to evaluate and make recommendations with respect to
the implications of emerging science and technology as they
pertain to changes to the economy of the United States caused
by the adoption of emerging science and technology.
(f) Scope and Duties.--
(1) In general.--Subject to the requirements of paragraph
(4), the Commission shall carry out a review of advances in
emerging science and technology. In carrying out such review,
the Commission shall consider the methods, means, and
investments necessary to advance and secure the development
of emerging science and technology by the United States to
comprehensively address the national security and defense
needs of the United States.
(2) Scope of the review.--In conducting a review described
in paragraph (1), the Commission shall consider the
following:
(A) Associated ethical, legal, social, and environmental
considerations related to emerging science and technology as
they will be used for future applications related to national
security and defense.
(B) Opportunities to strengthen and expand the domestic
emerging technology sector.
(C) Necessary adaptations to national defense strategies to
address capabilities, risks, and disruptions arising from
emerging technologies.
(3) Additional matters for review.--The Commission may also
consider at its discretion any matters that are referred to
the Commission for examination by--
(A) either the Chair or Ranking Member of the Committee on
Armed Services of the Senate;
(B) either the Chair or Vice Chair of the Select Committee
on Intelligence of the Senate;
(C) either the majority leader or the minority leader of
the Senate;
(D) either the Chair or Ranking Member of the Committee on
Armed Services of the House of Representatives;
(E) either the Chair or Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(F) either the Speaker of the House of Representatives or
the minority leader of the House of Representatives.
(4) Coordination with appropriate congressional
committees.--
(A) In general.--In carrying out its duties under this
subsection, the Commission shall work in close coordination
with the appropriate congressional committees to identify,
prioritize, and scope topics for review and shall consult
with the appropriate congressional committees to ensure
alignment with the national security priorities and oversight
interests of such committees.
(B) Ongoing engagement.--Throughout the conduct of any
review under this subsection, the Commission shall provide
regular updates to the appropriate congressional committees
and shall solicit ongoing input to ensure that the work of
the Commission remains responsive to the legislative and
oversight needs of Congress.
(C) Briefings.--Upon the request of the Chair or Ranking
Member of any of the appropriate congressional committees,
the Commission shall provide to the committee a briefing on
the status, findings, or recommendations of any review
underway or completed under this subsection.
(D) Limitation.--The Commission shall not initiate a review
of a topic under this subsection without first obtaining the
approval of the Chair and Ranking Member of each of the
appropriate congressional committees.
(E) Appropriate congressional committees defined.--In this
paragraph, the term ``appropriate congressional committees''
means--
(i) the Committee on Armed Services of the Senate;
(ii) the Select Committee on Intelligence of the Senate;
(iii) the Committee on Armed Services of the House of
Representatives; and
(iv) the Permanent Select Committee on Intelligence of the
House of Representatives.
(g) Commission Reports and Recommendations.--
(1) Annual submittal.--Every year, not later than February
1, the Commission shall submit to Congress an annual report
on the findings of the Commission and such recommendations
that the Commission may have for legislative or
administrative action.
(2) Intermittent submittal.--The Commission may submit to
Congress findings and recommendations throughout the year, as
the members of the Commission and Executive Director of the
Commission consider appropriate.
(3) Statutory language.--Recommendations for legislative
action submitted by the Commission under this subsection
shall include proposed statutory language.
(4) Form.--Each annual report submitted under paragraph (1)
and other papers submitted under this subsection shall be
submitted in unclassified form, but may include classified
annexes.
(h) Government Cooperation.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of Defense and other Federal departments and
agencies in providing the Commission with analysis,
briefings, and other information necessary for the
fulfillment of its responsibilities, subject to classified
information security and access guidelines.
(2) Liaison.--The Secretary of Defense shall designate at
least one officer or employee of the Department of Defense to
serve as a liaison officer between the Department and the
Commission.
(3) Detailees.--The Secretary of Defense and the heads of
other departments and agencies of the Federal Government may
provide, and the Commission may accept and employ, personnel
detailed from the Department of Defense and such other
departments and agencies, without reimbursement.
(4) Facilitation.--
(A) Independent, nongovernmental institute.--Not later than
45 days after the Commission establishment date specified in
subsection (a)(2), the Secretary of Defense may make
available to the Commission the services of an independent,
nongovernmental institute described in section 501(c)(3) of
the Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of such Code, that has recognized credentials
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall
make available the services of federally funded research and
development centers (FFRDCs) that are covered by sponsoring
agreements of the Department of Defense in order to enhance
the Commission's efforts to discharge its duties under this
section. The Secretary of Defense shall, on a reimbursable
basis, facilitate the Commission with entering into contracts
with the federally funded research and development centers of
the Commission's choice.
(5) Expedition of security clearances.--(A) The Office of
Senate Security and the Office of House Security shall ensure
the expedited processing of appropriate security clearances
under processes developed for the clearance of employees of
the legislative branch of the Federal Government for any
personnel appointed to the Commission by their respective
offices of the Senate and House of Representatives and any
personnel appointed by the Executive Director appointed under
subsection (i).
(B) The Washington Headquarters Services shall, consistent
with its authority under Department of Defense Directive
5110.04 (relating to Washington Headquarters Services), or
successor directive, coordinate with relevant departments and
agencies of the executive branch of the Federal Government to
ensure the expedited processing of appropriate security
clearances for members and employees of the Commission.
(i) Personnel Matters.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, any member of the Commission who is not a
member of Congress shall be considered to be an employee of
the legislative branch of the Federal Government.
(2) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(3) Pay.--The Executive Director may appoint and fix the
rate of basic pay for additional personnel as staff of the
Commission in accordance with section 3161(d) of title 5,
United States Code.
(4) Authority to procure personnel services.--The
Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(5) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(6) Exemption.--Members of the Commission and employees of
the Commission shall be exempt from the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.) and the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
(7) Pay.--The pay of each employee of the Commission and
any member of the Commission who receives pay in accordance
with paragraph (1) shall be disbursed by the Secretary of the
Senate.
(j) Ethics.--
(1) Authority to accept gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority in this paragraph does not extend to gifts of
money. Gifts accepted under this paragraph shall be
documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided.
(2) Compliance by members of congress.--Subject to the
authority in this section, members of the Commission who are
members of Congress shall continue to comply with rules set
forth by the Select Committee on Ethics of the Senate and the
Committee on Ethics of the House of Representatives.
(3) Reporting.--For purposes of title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.), each member of the
Commission who is not a member of Congress and

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each employee of the Commission shall be deemed to be an
officer or employee of the Congress (as defined in section
109(13) of such title) and shall file any report required to
be filed by such member or such employee (including by virtue
of the application of subsection (g)(1)) under subchapter I
of chapter 131 of title 5, United States Code (commonly
referred to as the ``Ethics in Government Act of 1978'') with
the Secretary of the Senate.
(k) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall be
exempt from section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'')
and chapter 10 of title 5 (commonly known as the ``Federal
Advisory Committee Act''). The Commission may acquire
information through whatever fora the Commissioners deem
necessary to effectively execute their duties.
(l) Provision of Services.--To the extent funds are
available--
(1) the Commission shall acquire, or the Architect of the
Capitol shall provide to the Commission (on a reimbursable
basis) leased office space; and
(2) the Commission may procure contracting services,
administrative support, office supplies, and other
administrative supplies and equipment for Commission use.
(m) Use of Government Information.--
(1) In general.--The Commission may secure directly from
any department or agency of the Federal Government such
information as the Commission considers necessary to carry
out its duties. Upon such request of the chair of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(2) Classified information.--Such information to be
provided by a department or agency of the Federal Government
shall include any classified information the Commission
considers necessary to carry out its duties, but which shall
be provided in a manner consistent with the protection of
intelligence sources and methods and consistent with
classified information security and access guidelines. The
Executive Director of the Commission shall take care to
protect classified information by limiting access only to
those Commissioners and employees of the Commission who need
access to such information and possess appropriate
clearances.
(3) Access to resources.--The Commission will have explicit
access to all resources provided to congressional staff,
including the Government Accountability Office, the
Congressional Research Service, the Office of the Legislative
Counsel, and the Congressional Budget Office.
(n) Postal Services.--The Commission may use the United
States mail in the same manner and under the same conditions
as Federal departments and agencies.
(o) Removal of Members.--A member may be removed from the
Commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection (b)(1), provided that notice has
first been provided to such member of the cause for removal
and voted and agreed upon by three quarters of the members
serving. A vacancy created by the removal of a member under
this subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment was made.
(p) Data Privacy.--The Commission is deemed to be a Senate
office for purposes of section 10 of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 6628) and all Senate data,
as defined in such section, of the Commission shall be
subject to the protections provided to Senate data under such
section.
(q) Records.--
(1) In general.--The Executive Director of the Commission--
(A) may request the records, to the extent they exist, from
the Cyberspace Solarium Commission (CSC) and from the
National Security Commission on Artificial Intelligence
(NSCAI), from the National Archives or from any other entity
that may hold the records of the Cyberspace Solarium
Commission and National Security Commission on Artificial
Intelligence; and
(B) shall have authority to determine what records of the
Commission shall be submitted to the National Archives of the
United States.
(2) Transfer of records from national security commission
on emerging biotechnology.--The Executive Director of the
National Security Commission on Emerging Biotechnology
established by section 1091(a) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
may transfer all records of that Commission to the
Congressional Commission on Emerging Science and Technology,
under such terms and restrictions on access and use as the
Executive Director of the National Security Commission on
Emerging Biotechnology may prescribe.
(r) Sunset.--This section shall cease to have force or
effect on the date that is 5 years after the date of the
enactment of this Act.

SEC. 1095. DEFINITION OF NATIONAL SECURITY FOR PURPOSES OF
TITLE 10, UNITED STATES CODE.

Section 101(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(22) The term `national security' means the national
defense and foreign relations of the United States and
includes the security of the economy of the United States and
the resilience of supply chains for economic activity in the
United States.''.
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