E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION

Vol. 167 WASHINGTON, MONDAY, MAY 24, 2021 No. 90 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, May 25, 2021, at 12 p.m. Senate MONDAY, MAY 24, 2021

The Senate met at 3 p.m. and was Mr. MCCONNELL. Madam President, NOMINATION OF KRISTEN M. called to order by the President pro I ask unanimous consent that the order CLARKE tempore (Mr. LEAHY). for the quorum call be rescinded. Mr. MCCONNELL. On a completely f The PRESIDING OFFICER (Ms. different matter, when President HIRONO). Without objection, it is so or- Biden’s nominees have been qualified PRAYER dered. and mainstream, they received bipar- The Chaplain, Dr. Barry C. Black, of- f tisan cooperation. But the President’s fered the following prayer: RECOGNITION OF THE MINORITY choice to head a key Division at the Let us pray. LEADER Department of Justice as an Assistant Eternal God, You place melodies in Attorney General failed to even ad- our hearts. Thank You for the music of The PRESIDING OFFICER. The Re- vance out of the committee. Your mercies, for the harmonies of publican leader is recognized. The Democratic leader had to reach Your sacred words, and for the sym- f into the Judiciary Committee and res- phonies of Your unfailing love. May NATIONAL GUARD cue the nomination of Kristen Clarke. Our colleagues on the committee did Your songs that surround us in the spa- Mr. MCCONNELL. Madam President, cious skies and rolling hills inspire our not give her a favorable recommenda- this week, the National Guard is de- tion. That is because of a long history lawmakers with reverence and faith. parting what has been a months-long Give our Senators such awe for Your of statements that placed the nominee presence here at the Capitol. Aspects of on, frankly, the far-left fringe of the goodness that they will strive to obey the Guards’ presence here were not You. Provide them also with a faith political spectrum. fleshed out as clearly or coherently as If our Democratic colleagues have that stands firm and embraces Your either Congress or the servicemembers plan. their way, a couple of days from now, deserved, and Members of Congress will the American people will have an As- Lord, save us all by Your power and continue to discuss and debate whether liberate us with Your might. sistant Attorney General who argued it is appropriate for uniformed mili- publicly just last year that ‘‘we must We pray in Your great Name. Amen. tary personnel to play an ongoing role invest less in police.’’ She used that f in policing the U.S. Capitol going for- exact phrase three times in one essay. ward. PLEDGE OF ALLEGIANCE Violent crimes shot up dramatically But where Senators are absolutely, in 2020. One survey of 30-plus major The President pro tempore led the 100 percent united is in our great admi- American cities found that the murder Pledge of Allegiance, as follows: ration and appreciation of the indi- rate jumped 30 percent last year alone. I pledge allegiance to the Flag of the vidual men and women who volun- Other estimates have found even larger United States of America, and to the Repub- teered to serve in the National Guard, increases. Experts say 2020 saw the lic for which it stands, one nation under God, who have put on the uniform, and largest 1-year rise in homicides that indivisible, with liberty and justice for all. whose orders brought them here to the America has ever seen as far back as The PRESIDENT pro tempore. The Capitol Complex. we have recorded these kinds of statis- Senator from Hawaii. It was my particular honor to get to tics. Ms. HIRONO. I suggest the absence of meet and talk with several groups of Early data from this year suggests a quorum. the remarkable men and women of the that 2021 may even be worse, but, ap- The PRESIDENT pro tempore. The Kentucky National Guard during this parently, the President’s response to clerk will call the roll. period. this violent crimewave is to have a pro- The senior assistant legislative clerk Thank you, all, from all 50 States, for ponent of defunding the police help run proceeded to call the roll. your patriotism and for your service. the Department of Justice.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.000 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3318 CONGRESSIONAL RECORD — SENATE May 24, 2021 Adequate policing is not an enemy of bone of our competition with China— tics and government in the last 40 civil rights. Among other things, a re- the resources we allocate to our Armed years or if you have called my office in cent study by multiple university pro- Forces and national defense—was not Springfield anytime in the last 24 fessors confirmed that more cops lead neglected. years, there is a good chance you know to fewer murders: Make no mistake, supply chains, es- the fellow I am about to speak about Larger police forces save lives, and the pionage, intellectual property—those this afternoon. For those who haven’t lives saved are disproportionately Black are all important topics, but all the been lucky enough to meet him yet, let lives. policy tweaks in the world would not me tell you about my friend, one of the Police funding isn’t the only impor- amount to much help if we lose our best people I have ever known. His tant issue where the nominee’s judg- military edge with respect to China. name is Bill Houlihan. ment has missed the mark. Soft power isn’t much good without Bill came to work on my first Senate Three years ago, when the then-At- the hard power to back it up. campaign in 1996, and when we won, I torney General was standing up a task The Chinese Communist Party ap- asked him to be my staff director for force on religious liberty, Ms. Clarke pears to understand this quite clearly. downstate Illinois—all 96 counties. He said this was designed ‘‘to make it According to one watchdog, it has in- has been with me ever since, and now easier for people to use religion to creased military investment by 76 per- he is State director of the entire State. mask their discriminatory goals’’—an cent over the last decade. China has in- Whenever I can’t attend an event in Il- incredibly out-of-touch, far-left state- creased its military spending by 76 per- linois, Bill is the person I turn to. I ment. cent over the last decade. The same don’t have to write any speech for him, Finally, we are currently watching data show that our own U.S. defense and I don’t have to check on what he an alarming spike in anti-Semitic at- spending fell 10 percent over that pe- said. People know Bill speaks for me, tacks and violence across our country. riod, thanks to the approach of the last and I have complete confidence in his I introduced new legislation on Friday, Democratic administration, and now judgment and integrity. with Senator COTTON, to confront anti- President Biden has signaled that he Everybody seems to know him. Just Semitism head-on, but as a Harvard wants to cut defense spending after in- try going to a grocery store with Bill undergraduate, Ms. Clarke invited, wel- flation—exactly the wrong approach. Houlihan in Springfield, IL. Be pre- comed, introduced, and then defended a No serious strategy for our competi- pared for delays as everyone needs to famously anti-Semitic guest speaker tion with massive foreign powers could talk to him or to thank him for some- who had authored a book literally enti- leave the U.S. Armed Forces, their thing that he might have done: Thanks tled—now listen to this—‘‘The Jewish tools, and their resources out of the for helping my mom get her Social Se- Onslaught.’’ conversation in a meaningful way. I curity. Thanks for helping my dad with The nominee has stated recently that hope and expect we will have a number the Veterans Health Administration. she regrets that decision. Goodness, I of further votes on important amend- Thanks for helping to get that passport would certainly hope so. ments before there would be any at- so my daughter could go away to Yet she also claims that her op-ed tempt to shut off debate on this wide- school. Thanks for helping the local from just last year, which asserted ranging measure. union get the project that creates the three times—three times—that we f jobs here in our community. must invest less in police, was not ac- RESERVATION OF LEADER TIME Over the years, Bill has helped thou- tually suggesting that we invest less in sands of people find jobs and provide The PRESIDING OFFICER. Under police. for their families. He knows about the the previous order, the leadership time This is not the right nominee for a dignity of work. He does whatever he is reserved. crucial post at a crucial time so I can to help whomever he can, having would urge colleagues to vote no this f no expectation of any recognition. week. CONCLUSION OF MORNING Bill started his professional life in f BUSINESS 1981, fresh out of Eastern Illinois Uni- CHINA The PRESIDING OFFICER. Morning versity. He was the class president. His first job was with the Illinois Edu- Mr. MCCONNELL. Now, Madam business is closed. cation Association. They sent him into President, on another matter, last f week, a bipartisan majority of Sen- a David-and-Goliath battle scene in Pe- LEGISLATIVE SESSION ators voted to proceed to floor debate oria, IL, where they were trying to about our Nation’s long-term competi- --- convince the local teachers to sign up with the IEA. They hired Bill 6 weeks tion with China. ENDLESS FRONTIER ACT—Resumed There is no disagreement that the before the crucial election and sent The PRESIDING OFFICER. Under People’s Republic’s strategic capabili- him into Peoria—his first campaign for the previous order, the Senate will re- ties and its growing influence beyond a union. You see, Bill had worked on sume consideration of S. 1260, which the Indo-Pacific pose a singular chal- political campaigns for his dad, and I the clerk will report. lenge to American strength and secu- will talk about those in a minute. The senior assistant legislative clerk rity. There is robust debate about the When he got down to Peoria—a place read as follows: right ways to address this challenge. where he had never lived—everybody The legislation before us arrived on A bill (S. 1260) to establish a new Direc- knew him, and whenever he went up torate for Technology and Innovation in the the floor incomplete, and it spans a and introduced himself as Bill National Science Foundation, to establish a Houlihan, they would say: Well, are number of huge issues that occupy regional technology hub program, to require multiple committees’ jurisdictions. It a strategy and report on economic security, you the son of Bill Houlihan? is a prime example of a bill that needs science, research, innovation, manufac- He would say: No, I am the son of a thorough, bipartisan amendment turing, and job creation, to establish a crit- John Houlihan. process here in the Senate. So far, we ical supply chain resiliency program, and for Bill didn’t understand for a while have had a few votes on important other purposes. why he kept getting that question. It amendments. There are a lot more that Pending: turns out that he had exactly the same need consideration, and we should not Schumer amendment No. 1502, in the na- name as Peoria’s longtime and vener- close debate on this bill until those ture of a substitute. able TV weathercaster Bill Houlihan. amendments are addressed. Cantwell amendment No. 1527 (to amend- When, as a young union organizer, Unfortunately, during one important ment No. 1502), of a perfecting nature. Bill showed up, puzzled teachers always vote last week, our Democratic col- The PRESIDING OFFICER. The ma- said: Are you sure you are not related leagues sent a telling signal. They jority whip. to Bill Houlihan? voted down Ranking Member INHOFE TRIBUTE TO BILL HOULIHAN Our Bill Houlihan was no TV person- and Vice Chairman SHELBY’s amend- Mr. DURBIN. Madam President, if ality, but Peoria teachers quickly ment to make sure that the real back- you have been involved in Illinois poli- learned that he cared about them and

VerDate Sep 11 2014 03:42 May 25, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.002 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3319 that he knew his stuff. Just as impor- He left the Marines with a chest full with this big, wooden leg of his that he tant, he understands how to build po- of medals, including three Bronze would just swing forward as he made it litical organizations and campaigns Stars, a Marine Corps Medal, and, of with his cane and made his life despite and how to use that power to help ev- course, a Purple Heart. He went back that handicap. eryday people. Thank goodness for me to Chicago with one leg, an artificial Bill’s mom was a big influence on he knows how to win. The IEA won the leg, and a cane or a crutch. He went to him as well. She might have been election in a close, upset victory back a dance in the basement of St. Gabri- quieter than his dad but just as strong. in the day. It was the first of many el’s Catholic Church on the Chicago Think what kind of woman it was who election campaign victories for Bill South Side, and he met his future wife would marry John Houlihan, quickly Houlihan. Vernal. They had eight kids together. returning from war, trying to make a Bill and Cindy, his wife, are the par- Bill was the middle child, the fourth of life. Vernal Houlihan was a kind, gen- ents of four children, but they did it the eight kids. Amazingly, his dad, de- erous woman. No matter how tight the hard way—one set of triplets and a spite having that devastating injury, money was, there was always room for bonus baby born 22 months later. wanted to get involved in politics. He one more place at the Houlihan dinner Mariah, John, Grant, Neil are all moved to Park Forest, IL, just south of table. grown up now, but when they were Chicago, to raise his family in a larger Bill Houlihan is just like both his younger, at the start of every school house, as you can imagine, and decided parents, the same courage and deter- year, their teachers would often ask to run for the Illinois General Assem- mination and the same sense of caring. them: Is Bill Houlihan your dad? That bly in 1964. The heart of every congressional of- question was followed with the teach- I have a picture here I am going to fice is something called casework, ers telling stories about Bill and how show you. This is John Houlihan, Bill’s helping constituents untangle redtape he had helped them. This young, un- dad, and this is his brother Mike. Bill caused by government bureaucracy or known organizer had become a legend is over here at the age of 10. His dad to help solve everyday problems in in his own right. These stories were the was elected to the general assembly. their lives that mean the world to only way the Houlihan kids learned them. about what their dad did for a living. He served with some of the giants of Il- Bill Houlihan may be the only State He never bragged about himself; he was linois’ political history: my friend Paul director in this Senate who still does too modest. Simon, Adlai Stevenson, and Harold Driving around the State of Illinois Washington. John Houlihan fit right casework along with his colleagues in for over 20 years with Bill Houlihan, I in. addition to all his other duties. I can’t have heard a lot of stories, but I think As an amputee, at a time before the count the number of people whose bur- the thing that impressed me the most Americans with Disabilities Act, John dens have been made lighter by Bill was when he talked about his dad— Houlihan knew that they would ap- Houlihan. what a remarkable man. I was lucky to plaud you on Memorial Day and Vet- He logs every call he receives, and his know him. erans Day but that it was hard as heck day doesn’t end until he returns every John Houlihan was born in a section for a disabled vet—really severely dis- call. He treats every person with dig- of Chicago which describes where you abled like John Houlihan—to get a job. nity, compassion, and respect, and he might find it. It is called Back of the He fought for those disabled vets just always makes time for them. Yards; that is, the stockyards. In that like himself, so much so that, when he When we would drive around the section of the city, immigrant families came to the Illinois General Assembly State, thousands and thousands of got their start and worked in some of in Springfield, the Black Caucus in- miles, it reached the point where peo- the hardest jobs in Chicago. John’s fa- vited him to serve as a member. They ple would call him in his car. The ther was a slaughterhouse worker. knew that he appreciated what dis- phone never stopped. John himself grew up on the South crimination was all about. He accepted Many times I said to Bill: Why don’t Side of Chicago—in that area—and his the invitation as an honor. you pick up on that when we get back dream came true. As an Irish Catholic Years later, when his son Bill to Springfield tomorrow? kid, he was admitted to Notre Dame Houlihan was working in that same Il- No, he said. I knew he was going to University. Can I tell you what a big linois State Senate, the Black Caucus call, this buddy of mine. He calls me deal that is still today? For the kids in asked that he be assigned to them as a every day. He just wants to chat for those parishes to consider going to staff member because they knew of his just a few minutes. I will be done, Boss, Notre Dame was nothing short of a reputation—Bill Houlihan’s reputa- in just a minute. miracle. So John Houlihan, Bill’s fa- tion—for being willing to fight for the And he would take the call. ther, who was 6 feet 4, incidentally, underdog. Many people called him just to hear was going to try out for the basketball John Houlihan served in the general his friendly voice. He has fans the likes team at Notre Dame University, an ab- assembly for 8 years before turning his of which I wish I had some days. A lot solute dream come true. Yet there was full attention to veterans’ rights. of chiefs of staff would think twice an intervening event which the Pre- He served with the Illinois Depart- about that approach to the job but not siding Officer will appreciate. It was ment of Veterans’ Affairs, the Vet- Bill. That is just who he is. called Pearl Harbor. erans’ Administration here in Wash- Our office in Springfield is located in John Houlihan, Bill’s dad, had to ington, and the Cook County Veterans the same block as Abraham Lincoln’s drop out of Notre Dame University to Assistance Commission. His young son home. That neighborhood is part of the enlist in the U.S. Marines. He served in Bill was watching him throughout this National Park Service. When Bill many campaigns. As his 21st birthday life experience, and I know he came to walks down the block, he greets every approached, his mom and dad sent him appreciate his dad’s courage and deter- park ranger by name, and they know a little gift, a belt. It was small enough mination that he was going to build a him by name. It is like that wherever that it could make it through the mail, family and build a life despite his seri- we go. and at least he knew they were think- ous disability. Illinois is filled with young leaders ing of him on his birthday. He was em- He also knew what it was like for his all over the State—women and men, barking on the Battle of Bougainville dad. I remember his dad, a World War Black White, and Brown—who didn’t on his 21st birthday, an island in the II vet. We look today to amputees who know they could be a leader until they South Pacific. A grenade explosion have the good fortune, thank goodness, met Bill Houlihan. He is one of the best ripped through his left leg in that bat- of modern prosthetics, even computer- talent scouts and coaches I have ever tle. Lucky for him, he pulled off that driven devices to help them lead as known. He boosts the confidence of ev- belt and applied it as a tourniquet. It normal a life as possible. That wasn’t eryone who works for him or with him. saved his life, but it couldn’t save his the luck of the World War II vets. They He crisscrosses the State of Illinois leg. It was amputated at the hip. The were given some crude artificial legs, in his dark-blue minivan; they call it Allied forces won that battle, and John and they did their best. the Houli-van. The miles he puts on Houlihan spent a year and a half recov- I can still picture Bill’s dad John— that van every year might take him to ering in veterans hospitals. one-legged man, lumbering around life China or the Moon. He knows every

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.003 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3320 CONGRESSIONAL RECORD — SENATE May 24, 2021 mile marker on every highway in our Ms. HIRONO. Madam President, I ask feign outrage over a satirical letter Ms. State by heart. unanimous consent that the order for Clarke wrote as an undergrad at Har- He has, at last count, 47,000 contacts the quorum call be rescinded. vard in 1994, over 25 years ago. in his Palm Pilot—yes, he still has a The PRESIDING OFFICER (Ms. I don’t recall any comparable Repub- Palm Pilot—and I think he knows DUCKWORTH). Without objection, it is lican outrage when Michael Truncale, 20,000 of those telephone numbers by so ordered. then a practicing attorney for decades, heart. He has an encyclopedic mind for The Senator from Hawaii. disparaged President Obama as an ‘‘un- names, numbers, election results, NOMINATION OF KRISTEN M. CLARKE American imposter [who] bows to Arab sports stats, history—everything—and Ms. HIRONO. Madam President, I Sheikhs and other world leaders.’’ In- he shares everything he has learned rise today in support of the nomination stead, they confirmed him to a lifetime with anyone who might benefit from of Kristen Clarke to be Assistant At- appointment as a judge in the Eastern his knowledge. torney General for the Justice Depart- District of Texas. In between organizing for the IEA ment’s Civil Rights Division. Senate Republicans have also tried to and joining my staff, Bill worked as a In the 41⁄2 months since she was nom- paint Ms. Clarke as some sort of anti- legislative director the Illinois Senate inated, my Republican colleagues and Semite—again, reaching back 25 years Democrats and downstate director for their rightwing allies have engaged in to criticize a speaker Ms. Clarke in- Senator Carol Moseley Braun, the first a coordinated smear campaign to dis- vited to campus as an undergrad. They woman of color to serve in the Senate. tort Kristen Clarke’s record. It is past conveniently ignore that Ms. Clarke One of these pictures here is the time to set things straight. has addressed their concerns head-on early days when he was just getting Kristen Clarke is a supremely capa- and demonstrated a long track record started as an organizer, hair much ble and qualified nominee to lead the of defending religious rights through- darker than it is today. Civil Rights Division. I would argue out her career. that she is among the most well- Now, let me show you a more recent Her work in this area has earned her credentialed and qualified nominees appearance. This is Bill. He is speaking the support of the National Council of ever to serve in this role. at the Women’s March in Springfield in Jewish Women and the Anti-Defama- During her career, she has served as a 2017. tion League, among other organiza- Usually, he is very soft-spoken, until trial attorney in the Division’s voting tions. And if we needed any more evi- he gets in front of a microphone, and section; a prosecutor in the Division’s dence to rebut this outrageous claim, that is when he turns up the volume. criminal section; an assistant counsel we should all look to the words of At- Oh, there is one other time he turns up at the NAACP Legal Defense and Edu- torney General Merrick Garland, who the volume. If he is watching his Fight- cation Fund and later as the codirector forcefully said: ‘‘I’m a pretty good ing Irish play football and they score a of its Political Participation Group; as judge of what an anti-Semite is, and I touchdown, Bill will let out a scream the civil rights chief of the New York do not believe she is an anti-Semite.’’ that will rattle the windows. State Attorney General’s Civil Rights Always, always Bill Houlihan is the Bureau; and as president and executive Republicans are also trying to derail voice for people whose hopes and needs director of the Lawyers’ Committee for Kristen Clarke’s nomination by push- aren’t heard enough within the halls of Civil Rights Under Law, one of the Na- ing the lie that she supports defunding the Senate or the halls of power. He is tion’s preeminent civil rights organiza- the police. It doesn’t matter how many a voice of compassion, encouragement, tions. Kristen Clarke’s credentials for times they repeat the lie, it will never wisdom, and decency. this job are unimpeachable. be true. Ms. Clarke has clearly ex- Loretta and I are lucky to call Bill Unable to undermine her nomination pressed her support for shifting re- and Cindy some of our best and dearest on the merits, Senate Republicans have sources to social workers and mental friends. So it is hard to say, but this is engaged in a vicious smear campaign health professionals so that police offi- his last week on the job with the U.S. against Kristen Clarke because they cers are no longer called upon to ad- Senate. It hurts to lose a man who has are afraid she will actually do her job. dress every problem in society. This is given me such a big part of his life. It They are afraid she will enforce our not defunding the police, no matter is going to take its toll on my office, civil rights statutes, challenge dis- what twisted definition is used. my politics, and my life, but I can criminatory voting laws, combat sys- As the Senate Judiciary Committee guarantee you that I will be calling temic racism in policing, and protect prepared to vote on Ms. Clarke’s nomi- Bill just as often as I always have. He the LGBTQ community. nation, several Republicans took this may not be on the payroll, but I know This work is urgently needed after baseless criticism to a pathetic, ridicu- he will take my call. the Civil Rights Division endured 4 lous new low. The junior Senator from Bill and Cindy want to move on to years of intentional neglect and out- Texas claimed that voting for Ms. the next chapter in their lives. That is right hostility during the Trump ad- Clarke—and, previously, voting to con- understandable. I am sure it is going to ministration. During its 4 years in of- firm Vanita Gupta as Associate Attor- include some traveling and special fice, the Trump administration ney General—put ‘‘every single Demo- time with their kids and grandkids. brought only a single case—one—under cratic Member of the United States Bill, God bless him, just volunteered the Voting Rights Act, even as States Senate. . . . on record supporting abol- again to once again become the chair- like Georgia, Ohio, and Wisconsin ishing’’—abolishing—‘‘the police.’’ man of the Sangamon County, IL, worked to suppress the vote by tar- ‘‘Abolishing the police’’—that is what Democratic Party—a post he held geting people of color. he said—not defunding, not reforming, years ago. The previous administration also ef- abolishing. What a crock. Above all, I know that Bill will con- fectively ended the use of consent de- Unfortunately, we have come to ex- tinue to help everyone he can in every crees to bring police departments into pect these laughable exaggerations way he can because that is who he is compliance with the Constitution. It from our colleague from Texas. He and always has been. abandoned this critical tool at the would rather smear a nominee with Bill, I hope you are watching—Cindy worst possible moment, as the Nation baseless charges than engage with the too. Thank you. I couldn’t have done it watched Black Americans like George facts, because neither Kristen Clarke without you. Loretta and I wish you Floyd and Breonna Taylor killed by of- nor Vanita Gupta has ever supported and Cindy and your whole family good ficers sworn to protect and serve. abolishing the police. Neither of them health and happiness in all the years to President Biden nominated Kristen has said anything remotely close to come. Clarke to lead the Civil Rights Division this. If they had, I am sure it would I yield the floor. because she is precisely the leader we come as news to the Fraternal Order of I suggest the absence of a quorum. need at this critical moment. But for Police, the Major County Sheriffs of The PRESIDING OFFICER. The 41⁄2 months, my Republican colleagues America, and the International Asso- clerk will call the roll. have tried to tear down this highly ciation of Chiefs of Police, all of whom The legislative clerk proceeded to qualified woman of color with un- endorsed Vanita Gupta’s nomination. call the roll. founded smears and outright lies. They You might also want to ask the Major

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.004 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3321 Cities Chiefs Association and the Na- Civil Rights Division since it was es- The formation of the Commission is tional Organization of Black Law En- tablished in 1957. more important now than it has ever forcement Executives why they en- I look forward to confirming both been in the months since January 6. dorsed Kristen Clarke if she is looking nominees this week. Washington Republicans have tried to The Senate will also continue its to put their members out of work. The rewrite history and recast the attack work on the U.S. Innovation and Com- fact is, she is not. This smear is only on January 6 as little more than peace- one example of the baseless, personal petition Act—the largest stand-alone investment in American science and ful protests that got out of hand. One attacks Kristen Clarke has endured by Republican Member said the rioters those seeking to derail her nomination. technology in decades. With a once-in- a-generation investment in the Na- were more like a group of ‘‘normal This week, the Senate can and should tourists.’’ Did you see the tapes? Did repudiate the vicious rightwing smear tional Science Foundation, the Depart- ment of Energy, the Department of you see the films, America? Those were campaign against Ms. Clarke and con- normal tourists? Another went so far firm her as the next leader of the Civil Commerce, and other vital entities, this legislation will set our country on as to say the mob—not the staff who Rights Division. were terrorized or the police who were I yield the floor. a path to outinnovate, outproduce, and I suggest the absence of a quorum. outcompete the world in the industries brutalized—were the real victims of The PRESIDING OFFICER. The of the future. January 6. Give me a break. clerk will call the roll. As the week goes on, we will consider For the sake of our democracy, it is The bill clerk proceeded to call the a number of amendments from both crucial to establish an independent and roll. sides of the aisle, as well as a man- trusted record of what truly tran- Mr. SCHUMER. Madam President, I agers’ amendment, to bring together a spired. According to an Ipsos poll ask unanimous consent that the order package of bipartisan changes to the today, 56 percent of Republicans be- bill. This is regular order in action. for the quorum call be rescinded. lieve that the election was rigged, and The PRESIDING OFFICER. Without The bill itself is the product of at least six Senate committees and in- 53 percent of Republicans believe that objection, it is so ordered. Donald Trump is the true President, RECOGNITION OF THE MAJORITY LEADER cludes input from nearly every Member of the Senate. As promised, we are not Joe Biden. That is what the Big Lie The PRESIDING OFFICER. The has caused. The majority of one of Democratic leader is recognized. working in a bipartisan way and a much more open way than the Senate America’s two major political parties NATIONAL GUARD used to act to allow amendments and doesn’t believe our President is the ac- Mr. SCHUMER. Madam President, debate. When a bill passes 22 to 4 out of tual President. yesterday was the last day that mem- one of its major committees and 21 to bers of the National Guard were sta- Now more than ever, both parties 1 out of another, it is truly bipartisan, tioned at the Capitol. In the wake of must stand up to the Big Lie and shine and we should be able to move this bill January 6, they have all done us an ex- a light on the truth of the 2020 elec- forward without any dilatory obstruc- traordinary service providing an addi- tions and what happened on January 6. tion. With so much cooperation hap- tional layer of security here. I want to Yet it seems our Republican colleagues pening, I see no reason why we can’t thank everyone on behalf of the Senate would rather avoid the subject en- finish the legislation by the end of the and the entire Capitol Complex. tirely. The Republican leader, after week. It was never our intention to have an So far, this bill has flown a bit under moving the goalposts week after week, element of the U.S. military on guard the radar, but it is an incredibly impor- announced his opposition to the Com- at the Capitol for an indefinite period. tant piece of legislation. At its core, mission, despite the fact that Demo- It was always a temporary solution to the U.S. Innovation and Competition crats agreed to every single request a temporary security threat caused by Act is about maintaining America’s made by the House Republican leader. the former President—a reality ac- role as the global economic leader. Few One Republican Senator said this knowledged by the House and Senate issues could be more important. Just weekend that it was ‘‘too early’’ to es- minority leaders in the immediate because it may have its effect 2, 3, 4, 5 tablish a Commission. Another admit- aftermath of January 6 but not much years from now and not the day after it ted that many Republicans opposed the since. passes doesn’t mean that it isn’t one of Going forward, we must establish and Commission because they feared it the most important pieces of legisla- maintain a critical balance between se- would hurt the Republican message in tion we could pass. curity and access. The Capitol is a the midterm elections. Talk about say- The next century will be won or lost ing the quiet part out loud. place that belongs to the people. We on the battleground of technological want visitors and tourists to be able to innovation. The country that leads the The prevailing view among Repub- come and go. We want constituents to world in science and tech will create a licans seems to be that we should be able to meet their representatives generation of millions of good-paying sweep the Big Lie and all of January 6 and make their voices heard. We also jobs, economic growth, and prosperity under the rug like it never happened. have an obligation to make everyone— for its citizens, with profound implica- Look, I am sorry that some Repub- Members, staff, media, employees of tions for national security as well. licans believe that a bipartisan inves- the Capitol—feel safe when they come We want American workers, Amer- tigation of the attack on our democ- to work. Our Senate committees and ican businesses, and American values racy is inconvenient for their midterm the new team at the Sergeant at Arms to lead the way in the 21st century, campaigns, but the Democratic-led are working very hard to strike that just as they did in the 20th century. Congress of the United States is not perfect balance. That is what the Innovation and Com- going to sweep January 6 under the We thank once again the National petition Act is all about. rug. We are going to vote on the Janu- Guard for helping us protect this place I look forward to working with Mem- ary 6 Commission in the Senate, and during a very difficult period for our bers from both parties to complete this the American people will see where democracy. legislation by the end of the week. every Member stands: on the side of BUSINESS BEFORE THE SENATE JANUARY 6 COMMISSION truth or on the side of Donald Trump’s Madam President, now on Senate Madam President, now on a final Big Lie. business, this week, the Senate will matter, the Senate will soon consider consider at least two nominations for bipartisan legislation passed by the I yield the floor. important positions in the executive House to create an independent Com- I suggest the absence of a quorum. branch: Chiquita Brooks-LaSure to be mission to investigate and report on The PRESIDING OFFICER. The the next Administrator of the Centers the January 6 attack on the Capitol. I clerk will call the roll. for Medicare and Medicaid and Kristen have already taken procedural steps to Clarke to be the next Assistant Attor- make the legislation available for con- The senior assistant legislative clerk ney General. sideration on the Senate floor. I will proceeded to call the roll. Ms. Clarke would become the first bring the bill forward for a vote very Mr. GRASSLEY. Madam President, I woman and the first woman of color to soon. I will have more to say on that in ask unanimous consent that the order formally lead the Justice Department’s the coming days. for the quorum call be rescinded.

VerDate Sep 11 2014 03:42 May 25, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.006 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3322 CONGRESSIONAL RECORD — SENATE May 24, 2021 The PRESIDING OFFICER. Without litem. These are volunteers assigned to Secretary Raimondo, Senator WAR- objection, it is so ordered. be a child’s advocate. NER, and I were given a behind-the- NATIONAL FOSTER CARE MONTH For a system designed to protect scenes tour of how these advanced Mr. GRASSLEY. Madam President, children, often the child welfare sys- chips, or semiconductors, are made, each year, the month of May is recog- tem does not give much opportunity and we discussed some of the reasons nized as National Foster Care Month. I for a child’s voice to be heard, and it is why it is more expensive to build these thank my colleagues for once again a very important voice to listen to. facilities in the United States. unanimously passing a resolution rec- CASAs are often the only adults in the The average American uses countless ognizing and bringing awareness to the court proceedings who are exclusively products every day that could not func- experiences of youth and families in advocating for what the youth in foster tion without semiconductors. For ev- the foster care system. care wants. I am happy that this year, erything from cell phones, to tele- This month, organizations in Iowa for the first time, May 18 was labeled visions, to cars and dishwashers, chips and around the entire country have National CASA/GAL Volunteers Day to underpin our most-used technology. As been working to support youth in fos- honor the service of these volunteers. we become more technology dependent, ter care and the foster parents who I salute all those who work tirelessly it is going to get nothing but more im- open their homes to the kids in need. to support kids in foster care in Iowa portant. But it is not just consumer And they deserve this recognition. In and nationwide. products; cell towers, water treatment 2019, the most recent year for which When I founded the Senate Caucus on plants, agricultural equipment, our en- data is available, there were over Foster Youth in 2009, the special focus ergy grid—semiconductors make all of 426,000 kids in foster care in the United was to hear directly from the young that possible. States. In Iowa alone, there were al- people themselves. Older youth in fos- These tiny technologies also play a most 6,000. ter care and adults who experienced huge role in our national defense. When As stated in our resolution, Congress foster care as a child can speak to what we send our troops on a mission by must continue to work toward real so- worked for them and, of course, what land, sea, air, or even in cyber space, lutions for these young people because didn’t work. They should always have a they need the best equipment avail- they face trauma, abuse, and neglect. seat at the table. able. Now more than ever, the equip- Obviously, there are a lot of them who Over and over again, I have heard the ment can’t function without these get loving care as well. same thing from kids in foster care, so chips. In recent years, lots of changes have I am repeating what I said previously. Just look at Israel’s Iron Dome mis- been made to the way that child wel- They want a mom and a dad, they want sile defense system. This highly sophis- fare works. Congress passed the Family a family, and they want a place to call ticated system of rocket interceptors is First Prevention Services Act in 2018. home. For some kids, this goal can be a great example of the role that chips The goal of that act was to provide met by their family’s getting help with play in national security—not only more services to families before remov- mental illness, substance abuse, or ours but of our allies’ as well. We know ing children from the home, before that housing. For others, the dream of a that the number of civilian casualties action had to be taken. And that is family can be found through foster care that would be caused if not for the pro- where you ought to start—preserve the and eventually adoption. For others, tection of the Iron Dome for the Israeli family as much as you can, as long as kinship care provides an opportunity people would be significantly higher. I the children are not being mistreated. for stability and permanency. asked my staff to find out how many This bill also seeks to help kids who There is no one-size-fits-all approach, semiconductors are actually in one of age out of foster care have access to no silver bullet that can help all kids those interceptors that knock out one more support and successfully transi- the same way, but there is one common of those rockets coming from Hamas. tion to adulthood and to independence. outcome that we can strive for. We What I found out is that every single I was glad to support this legislation, should be wary of attempts to undo one of these interceptors contains more and I hope that, as it is implemented, progress that has been made in speed- than 750 different semiconductors. we see positive outcomes for these ing up adoptions and providing perma- So it is not hyperbole to say that young people and their families. All nency for these children. The goal there are life-and-death consequences children, no matter what their cir- should always be to protect kids from to a reliable semiconductor supply cumstances, deserve a permanent, lov- neglect and abuse and, at the same chain, but right now, we are in a seri- ing home and consistent, caring adults time, improve their well-being. ously vulnerable situation. Over the in their life. Moving ahead now, Congress must last two decades, the United States has When you visit with these young peo- continue to work to find better solu- gone from producing roughly a quarter ple, some of them tell us about being in tions and secure better outcomes for of the world’s semiconductors to about two or three school systems in a year youth in foster care. 12 percent. At the same time, China, so obviously probably in two or three Once again, I thank my colleagues our rival, our competitor that we are different homes in a year. And what for passing this resolution recognizing talking about a lot this week and last, you hear from them is ‘‘I would like to May as Foster Care Month. has gone from manufacturing zero have a mom and dad. I would like to I yield the floor. chips to now 16 percent of the world’s have a home. I would like to go to the I suggest the absence of a quorum. supply, and it plans to invest another same school for the whole year.’’ They The PRESIDING OFFICER. The $1.4 trillion in semiconductor tech- want some consistency and some per- clerk will call the roll. nologies. manency. I guess that is what it all The senior assistant legislative clerk Right now, China is building 17 fabs, adds up to. proceeded to call the roll. or manufacturing facilities, in China. Research has shown that the pres- Mr. CORNYN. Madam President, I We are maybe thinking about building ence of just one caring adult who is ask unanimous consent that the order one, through Taiwan Semiconductor in available for advice, for support, and for the quorum call be rescinded. Arizona, but it depends on our willing- for guidance can make a meaningful The PRESIDING OFFICER. Without ness and ability to support that domes- difference for children in foster care. objection, it is so ordered. tic manufacturing whether or not they For some young people, this may be a S. 1260 actually complete that currently foster parent who maintains a relation- Mr. CORNYN. Madam President, a planned manufacturing facility. But ship with a child even after temporary few hours ago, I had the pleasure of when we are looking to our adversaries placement is over. For other kids, this joining Secretary Raimondo and Sen- to supply the technology to power our may mean an aunt or an uncle, a fam- ator WARNER of Virginia for a tour of most critical devices and systems, it is ily member who is willing to shoulder the Micron Technologies manufac- a huge problem. the responsibilities of providing a lov- turing plant just outside Washington, The global shortage we are seeing ing home. Others may benefit from a DC, in Manassas, VA. This is one of the right now is a glimpse of what things court-appointed special advocate, what great companies with facilities that could look like and worse. The lack of we know as CASA, or a guardian ad produce semiconductors on U.S. soil. supply has forced companies across the

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.011 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3323 full range of impacted industries to some roadblocks on the way to passage what they couldn’t do under the Su- scale back production or hit pause al- of this final legislation. preme Court’s decision, they are trying together. We have seen that particu- So last week I introduced the amend- to do now by holding our healthcare larly in the car manufacture business. ment to strike this unnecessary and di- hostage in order to force the expansion This shortage has led to some serious visive provision and to protect the of Medicaid into our State. That is a consequences. If companies have to broad bipartisan support this legisla- choice left up to the Governor and our shut down production, which is hap- tion has already received. A controver- elected legislature, not one to be made pening right now, due to lack of supply sial provision that doesn’t even enact by bureaucrats with the Department of of semiconductors, there are hard- any real change is hardly a reason to Health and Human Services or CMS. working Americans who aren’t able to let the funding go down the drain, and While patients in Texas may be the earn a paycheck. This impact, as I have it really is just an unnecessary distrac- first ones caught in this political game, suggested, is now being felt by auto- tion. We don’t need any other speed I have no expectation that they will be workers across the country. bumps in our ability to pass this im- the last. As a matter of fact, there are But we have every expectation that portant bipartisan legislation. only four States that don’t have ap- in a few months things will get back to I hope our colleagues will continue to proved or pending 1115 waivers, which normal. Those production lines will work with us in good faith to reach a is what we are talking about—four. start back up, workers will be back on compromise that will earn broad bipar- There are only four that don’t have the job, and life will carry on hopefully tisan support. those. So every other State beyond as normal. Last year the CHIPS for America those four could be in the same situa- But the bigger question we need to Act, as I said, passed with a vote of 96 tion my State is in, in the coming ask is how would we fare if our supply to 4, and there is no reason why this months. Whether it is Florida, Ten- chain to advance semiconductors was critical funding that we will be voting nessee, North Carolina, South Caro- cut off entirely. Let’s say it is another on this week should be politicized now. lina, Missouri, Idaho—the list of States pandemic or a natural disaster or, NOMINATION OF CHIQUITA BROOKS-LASURE that could be impacted by this life-and- heaven forbid, a military conflict in Finally, Madam President, on an- death game of political chicken is a the South China Sea. other matter, this evening the Senate long one. Nearly 90 percent of the world’s chips will take up a procedural vote on the Of course, this all comes at a time are made in Southeast Asia. If that President’s nominee for the Centers for when our healthcare system is already supply was cut off for any reason, what Medicare and Medicaid Services. in fragile condition after more than a would we do? The consequences CMS, as we all know, plays a vital year of battling COVID–19. And the pa- wouldn’t be limited to a few bells and role in providing healthcare to our tients whose healthcare relies on the whistles on new cars. It would impact most vulnerable populations. More stability of the Medicaid system are our missile defense systems, the F–35— than 4 million Texans, including half of those who have faced the biggest chal- the fifth generation Joint Strike our children, depend on the stability of lenges during the pandemic. Fighter—advanced weapons systems, our State’s Medicaid Program to pro- I have asked the Biden administra- quantum computing, and the full range vide healthcare for them and their tion to work with the State to ensure of equipment and technologies our na- families. And in States across the that millions of impacted individuals tional defense depends on. If we don’t country, Medicare funding is vital to won’t lose access to healthcare, but so have the ability to provide our troops the health of our most vulnerable far there has been little or no progress. with the technology they need to be friends and neighbors for everything The administration has been unable to successful, what would we do? from an emergency room visit to men- provide me any assurance that an Well, the risks of carrying on busi- tal healthcare. But that could soon agreement could be reached before the ness as usual are far too high for us to change. end of this fiscal year—something that even contemplate that scenario. There The Biden administration has taken would have dire consequences on our is a clear need to invest in domestic the unprecedented step of rescinding an providers and especially those in be- semiconductor manufacturing and se- agreement with my State and the pre- havioral and mental health. cure perhaps our most vulnerable sup- vious administration to maintain the To state the obvious, the nominee to ply chain. As we continue to debate the stability of our State’s Medicaid Pro- lead CMS, Ms. Brooks-LaSure, did not most effective ways to confront threats gram. Under this agreement, Texas was personally rescind the Texas Medicaid from China and bolster our national set to receive approximately $11 billion waiver. As a matter of fact, she hasn’t and economic security, there is no a year over the next decade to provide been confirmed yet; so she couldn’t. question that funding to shore up do- healthcare for our underserved popu- But before her nomination could ad- mestic semiconductor manufacturing lation. Low-income individuals and vance, Members of the Senate deserve is a must-do. those in rural areas are especially reli- a commitment from the administra- Last year, Senator WARNER, the sen- ant on this funding, as are those who tion that it won’t try to force the hand ior Senator from Virginia, and I intro- need mental healthcare. Mental and of other States, including Texas, by duced the CHIPS for America Act, and behavioral health providers alone re- putting the healthcare of millions of it was adopted by an amendment to the ceive about $300 million a year. vulnerable citizens on the line. National Defense Authorization Act When asked for the reasoning behind If we don’t stand up now and push with broad bipartisan support on a vote this dangerous and frankly shocking back on this reckless move, who will be of 96 to 4—a rare thing these days. That move, rescinding a prior agreement ex- next? Which State will be next? How bill became law earlier this year, and tending our 1115 waiver, CMS said it far will the administration go to force now we have the important job of pro- was to correct their administrative States into enacting laws that they do viding the funding for it, something I error—their error. But two anonymous not want to enact? hope we can achieve through the legis- Federal healthcare officials, I believe, CMS funding is vital to the lation that is before the Senate today. did something that is all too rare here healthcare of millions of my constitu- During the committee consideration in Washington: They actually said the ents and to the stability of our entire of the bill, an amendment was added truth. They explained the real rea- healthcare system. CMS cannot be used that would apply the controversial pre- soning to the Washington Post. They as the administration’s strong arm to vailing wage language to this portion said it was done ‘‘to push state officials coerce States into accepting its polit- of the bill. Considering the current toward accepting the Affordable Care ical demands, which is all this is. wages of U.S. semiconductor manufac- Act’s Medicaid expansion.’’ I appreciate Ms. Brooks-LaSure’s ex- turing companies, it really is a So, in effect, the administration is perience in working with States to de- nonissue. But what is an issue is expan- doing something that the Supreme velop these types of waivers and her sion of Davis-Bacon prevailing wage Court of the United States said it can- willingness to meet with me on this provisions, not for public works but to not do, which is to hold a gun to the issue, but frankly this is a decision private companies. And I believe the head of the States and force them to being made above her in the food chain. inclusion of this provision includes accept Medicaid expansion. So now But my State has not so far received

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.014 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3324 CONGRESSIONAL RECORD — SENATE May 24, 2021 an assurance that this action will be men and women who gave their lives to began deploying soldiers to help with rectified, and it looks like the adminis- defend their country. Their sacrifices COVID–19 response operations across tration is intent on pulling the rug out created the most free and prosperous the Northeast, including members from from under our poorest and most needy country in the history of the world. the 501st Medical Company, the 531st patients. We are not perfect, far from it, but Hospital Center, and the 101st Division For that reason, I cannot support our unique system of government is Sustainment Brigade. this nominee, and I urge my colleagues distinguished from any other—‘‘of the Boston and New York City were to stand with me and, in doing so, people, by the people, and for the peo- among the most severely affected areas stand up for the healthcare of their ple.’’ That is why I stand for the flag in the country. And if you ask the most vulnerable constituents, too, and and for our national anthem because healthcare workers and city officials in pushing the administration to find an for the last 250 years, men and women those areas if Tennessee servicemem- alternate and satisfactory path for- have given their lives for all this flag bers made a difference, they will tell ward. If the administration will take represents. They gave their lives to de- you, yes, without a doubt. aim at the healthcare of 4 million vul- fend our right to make our country Last year, many of our Tennessee nerable Texans, they will do it to any- better. National Guard members also joined one. The continued service of our military the fight against COVID–19. The 164th I yield the floor. allows us to have that barbecue this Airlift Wing transported desperately The PRESIDING OFFICER. The Sen- weekend. Their service allows us to needed PPE all the way from Italy to ator from Alabama. gather freely with family and friends, healthcare workers across the entire MEMORIAL DAY to think, to worship, and live how we country. The 118th ISR Group, along Mr. TUBERVILLE. Madam Presi- want to. Memorial Day reminds us that with five other Air National Guard tar- dent, a week from today, we will be our freedom and prosperity comes at a geting units, produced over 70 percent celebrating Memorial Day. I know cost. of the U.S. Air Force’s targeting mate- folks back home probably have some So for this upcoming Memorial Day rials, all while providing continuity to fun things planned for the long week- weekend, I would encourage all of us to Activity-Duty units. end—cookouts, family gatherings, take a moment to remember what we I want to keep bragging on our Guard maybe even a trip to the beach. are celebrating: the brave men and members because they really have But while Memorial Day is a joyous, women who laid down their lives for made an impact, especially when it carefree weekend for many families, it ours. Let’s honor our soldiers’ sacrifice comes to getting testing and vaccine is a reminder of what they lost—a fa- by keeping our country strong and up- centers up and running. They set up ther, a mother, husband, or a wife, a holding the values they gave their lives more static vaccine sites than any son, daughter, brother, sister, a family to defend. other State. As of March of this year, member, a friend that cannot be re- I suggest the absence of a quorum. they have set up double the number of placed. The PRESIDING OFFICER. The sites that were running in the next Our Gold Star families have given a clerk will call the roll. most successful State. Job well done. great sacrifice to our country. I have The senior assistant legislative clerk They directly helped more than 1 been there myself. My father served in proceeded to call the roll. million Tennesseans stay healthy World War II, driving a tanker across Mrs. BLACKBURN. Madam Presi- through the pandemic. It was a great Europe. He earned five Bronze Stars dent, I ask unanimous consent that the effort, and we thank them for that. and a Purple Heart. After the war, he order for the quorum call be rescinded. I am sorry to say that the pandemic died on Active Duty. The PRESIDING OFFICER. Without And I still miss him today. I am for- wasn’t the only natural disaster Ten- objection, it is so ordered. ever grateful that he, like so many nesseans had to deal with over the past folks from his generation, put on that MILITARY APPRECIATION MONTH year. But when tornados destroyed uniform. They enlisted, not knowing Mrs. BLACKBURN. Madam Presi- multiple counties across West and Mid- whether they would ever come home. dent, this month is Military Apprecia- dle Tennessee, the National Guard was Many of them—hundreds of thou- tion Month. It is a month when we let right there to help. And when blizzards sands—did not. our soldiers, sailors, airmen, marines shut down half the State, the Guard But they knew what they were doing know just how grateful we are for their kept water flowing in Memphis, re- was worth the danger. They knew the service. Madam President, we are paired communications infrastructure United States of America and all she grateful for the service that you gave for first responders in Rutherford stood for was worth defending. They our Nation in uniform. We thank you County, and found shelter for displaced earned the title of the ‘‘greatest gen- for that. families in Lynchburg and Manchester. eration.’’ Tennessee is home to three major When you are on the outside looking I will be introducing a resolution this military installations and numerous in on a natural disaster, the last thing week honoring the immense sacrifice other Guard installations. For us, Mili- you want to hear is that local officials of the ‘‘greatest generation’’ and not tary Appreciation Month actually lasts had to call in the National Guard. But just those who put on the uniform. all year long. I will tell you, when you are sitting in This resolution recognizes the millions I would like to start off by wel- the aftermath, there is no more hopeful of Americans who worked in the fac- coming the 101st Airborne Division’s sight than a vehicle full of guardsmen tories, bought war bonds, and donated 2nd Squadron, 17th Calvary Regiment pulling into town ready to help. their pots, pans, and more to a war ef- back stateside following a 9-month ro- That peace of mind, of course, comes fort. We owe the ‘‘greatest generation’’ tational deployment to Korea. We are at a cost. Our servicemembers go where a debt we can never fully repay. so happy to have them back home. they are told to go and do the jobs they I want to take a moment to thank In more exciting news out of Fort are told to do without hesitation. Why? Mr. Sam Romano from Vestavia Hills, Campbell, this Thursday, SGM Because they have accepted that the AL, for advocating on behalf of the Veronica Knapp will become the first cost of freedom is more important than ‘‘greatest generation’’ and his con- woman to serve as a command sergeant the freedom they sacrificed when they tributions to this resolution. major of a U.S. Army division. She will put on the uniform. Their families have Today, we have more than a million assume responsibility as the senior en- accepted this too. And when you are a Active-Duty service men and women listed adviser of the 101st Airborne Di- military family, the uniform comes who continue to defend our freedoms. vision. first. This is why every year when we They, too, stand ready to answer the On behalf of the entire Tennessee del- re-up defense funding, we put special call when evil threatens America. egation, I offer my congratulations and focus on military families and their They, too, stand ready to give their wish her success in all that is yet to needs. lives to defend their country, if need come. For example, 2 years ago, we estab- be. The servicemembers stationed at lished a pilot program to offer profes- The United States stands on the Fort Campbell have really had a very sional licensed reciprocity for military foundation of generations of service busy past year. Starting last March, we spouses who want to continue working

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.015 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3325 after moving across State lines. Last sible, and blocking this nomination as any Member of the Senate working year, we increased funding for that pro- slows down important work that needs on the issue that the Senator from gram. to be done. Senators on the other side Texas is concerned about, and that is We also continued our support for the have objected to moving forward with the process for granting waivers. I au- Preservation of the Force and Families the nomination. So I am going to talk thored what is called section 1332 of the Program, which helps special operators for just a few minutes about these con- Affordable Care Act that was designed process the aftereffects of their mis- cerns—but, first, a little bit more to say that progressive States that, for sions. about Ms. Brooks-LaSure. example, wanted to pursue a public op- Last month, the Presiding Officer Starting out, she worked at the Of- tion or aggregate Medicare and Med- and I introduced a bill called the Mili- fice of Management and Budget on icaid money would have a chance to do tary Hunger Prevention Act. This is an Medicaid policy and the CHIP program, it as long as they would adhere to the incredibly important piece of legisla- the Children’s Health Insurance Pro- guardrails. Conservative States that tion that would create a basic needs al- gram. So she was, long ago, focused on sought to try their own approaches lowance for low-income military fami- trying to improve healthcare for the based on their ideas of a conservative lies. millions of Americans who every single approach to healthcare could do it as The reason this is so important is day walk an economic tightrope in bal- long as they met the coverage require- that existing benefits programs like ancing the food bill against the fuel ments of the Affordable Care Act. SNAP and free school lunches include bill and the fuel bill against healthcare I want to state again to Senator COR- housing allowances and other military costs. She was there for them. NYN, as I did in the Senate Finance benefits in revenue calculations. Al- She then moved to the House Ways Committee, that I am going to work though it is obvious that this only cre- and Means Committee as a senior staff very closely with him, after we confirm ates the appearance of higher income, member. She helped to write portions this nominee, to address the issues the programs aren’t designed to allow of the Affordable Care Act dealing with that he discussed in the committee an exception. Once we pass this bill— expanding coverage and updating the that have concerned him. and I am sure that we will—these fami- Medicare guarantee. To every Member who has issues with lies will be able to use their allowances When the Affordable Care Act be- respect to waivers, I want each to to buy groceries instead of relying on came law, she went to Health and know that there will be bipartisan in- food pantries to put dinner on the Human Services, and there she played terest in trying to bring people in their table. an important role in implementing the States together and adhering to the This is what we should all be think- law. She was the leader in the effort to ideas in the Affordable Care Act, which ing about during Military Appreciation create marketplaces for health insur- states that States are free to pursue Month—renewing the commitment we ance with strong, built-in consumer their own ideas for expanding coverage have made to take care of our service- protections. She has been a leader as long as they stay within the guard- members both on and off the battle- when it comes to defending and ex- rails of the program. field. panding women’s healthcare under the We understand that Democrats and We need to ask ourselves: What are Affordable Care Act and other essential Republicans aren’t going to agree on we doing to meet their practical needs? programs. After leaving HHS, she went every health policy question. What I do What are we doing to support their to the private sector and continued to know is that Ms. Brooks-LaSure is families? What are we doing to right work on policies that expanded cov- going to be the kind of CMS Adminis- unintended wrongs? erage and made healthcare more af- It is the most important way we can trator who can bring two sides to- fordable. gether exactly as we envisioned in the recognize their extraordinary service Ms. Brooks-LaSure has the qualifica- Affordable Care Act with the waiver to our Nation. tions, the experience, and the know- law and exactly as I have committed to I yield the floor. how to run Medicare and Medicaid, and working with Senator CORNYN on. The PRESIDING OFFICER. The Sen- there are absolutely no questions about The Finance Committee has dem- ator from Oregon. it. onstrated that it can work together on NOMINATION OF CHIQUITA BROOKS-LASURE Now, our colleague from Texas, Sen- big issues. In 2017, the committee Mr. WYDEN. Madam President, the ator CORNYN, has raised objections to Senate is now debating the nomination moving the nomination forward. His passed the CHRONIC Care Act, which of Chiquita Brooks-LaSure to head the objections relate to a decision by the was a fundamental transformation of Centers for Medicare and Medicaid Biden administration to rescind a Med- Medicare. Services. icaid policy waiver that the Trump ad- I have told my colleagues that back This is clearly one of the most impor- ministration rushed to grant the State when I was director of the Gray Pan- tant healthcare jobs in America. Ms. of Texas in mid-January. There are a thers, Medicare was about acute care. Brooks-LaSure brings decades of few key points Members ought to un- There was Part A, which was for hos- health policy experience to the Centers derstand about this issue. pitals, and Part B, which was for doc- for Medicare and Medicaid Services, First, nothing is going to change for tors. That was it. That was Medicare. and I think it would be fair to say that health providers and patients in Texas When I taught gerontology, the first she has worked on healthcare from just for more than a year as a result of this question on an exam was, What is the about every angle short of scrubbing decision. That means there is plenty of difference between Part A and Part B? into the operating room herself. I am time to work out a solution that That isn’t Medicare anymore. Medi- going to talk, in a minute, about her doesn’t get rushed and follows the care, today, is primarily about chronic qualifications, but I also want, as we right process with public comment. disease: cancer and diabetes and heart start this discussion, to recognize that Second, Ms. Brooks-LaSure had noth- disease and stroke and chronic pul- this is a job that requires urgent, ing to do with the decision that Sen- monary disease. hands-on professionalism—exactly the ator CORNYN is unhappy about. She The Finance Committee wrote the kind Ms. Brooks-LaSure brings to this. wasn’t on the job when it was made. CHRONIC Care Act on a bipartisan We are, obviously, still working Third, she made clear in her Finance basis. At that point, Chairman Hatch through enormous challenges on the Committee hearing that she is com- was chairman of the committee, and I COVID–19 pandemic. There are efforts mitted to working on a bipartisan basis was the ranking Democrat. We worked by colleagues on both sides of the aisle with State officials, and she said that in a bipartisan way, but the Trump ad- on healthcare, and we, in particular, on to Senator CORNYN and to other Repub- ministration, after the retirement of this side want to expand healthcare lican members on this issue as well. Chairman Hatch, basically put every- coverage, bring down the cost of pre- She has the track record and the expe- thing on the back burner. scription medicine, and bring the Medi- rience to get that done. When we confirm Ms. Brooks- care guarantee into the 21st century. I want to state again to our colleague LaSure—and I am convinced that she is The American people need a chief of from Texas and to every Member of the going to be confirmed—she will work Medicare and Medicaid as soon as pos- Senate: I probably spent as much time with Democrats and Republicans to

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.017 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3326 CONGRESSIONAL RECORD — SENATE May 24, 2021 make sure we are updating the Medi- Charles E. Schumer, Patty Murray, Alex The legislative clerk read the nomi- care guarantee for this century. In par- Padilla, Sheldon Whitehouse, Jeff nation of Chiquita Brooks-LaSure, of ticular, what that involves is making Merkley, Jack Reed, Debbie Stabenow, Virginia, to be Administrator of the sure that there are more opportunities Benjamin L. Cardin, Patrick J. Leahy, Centers for Medicare and Medicaid Elizabeth Warren, Jacky Rosen, Rich- for those who receive traditional Medi- ard Blumenthal, Tina Smith, John Services. care to get the benefits of the CHRON- Hickenlooper, Michael F. Bennet, Tim The PRESIDING OFFICER. The Sen- IC Care Act. Already, the CHRONIC Kaine, Brian Schatz. ator from New York. Care Act works well for what is called The PRESIDING OFFICER. By unan- UNANIMOUS CONSENT REQUEST—S. 1520 Medicare Advantage. We need to do imous consent, the mandatory quorum Mrs. GILLIBRAND. Mr. President, I more to make sure it is available for call has been waived. rise today to address the need to re- those who receive traditional Medi- The question is, Is it the sense of the form our military justice system. care. Senate that debate on the nomination Just this month, the Department of Now, there are other issues the Fi- of Chiquita Brooks-LaSure, of Virginia, Defense released its annual report on nance Committee is working on that to be Administrator of the Centers for sexual assault in the military. That re- Ms. Brooks-LaSure will play an impor- Medicare and Medicaid Services, shall port and more than a decade of data on tant role in—one being improving men- be brought to a close? sexual assault in the military show a tal healthcare because mental The yeas and nays are mandatory clear and disturbing trend. Reports of healthcare has gotten short shrift in under the rule. sexual assault have increased virtually America for far too long. We know that The clerk will call the roll. every single year and remain at record Americans feel like they are getting The legislative clerk called the roll. highs, while prosecution and convic- mugged when they walk into a phar- Mr. DURBIN. I announce that the tion rates have declined, including a macy and go to the window to get their Senator from Washington (Mrs. MUR- shocking 10 percent point decline in prescription medicines. Look, for ex- RAY) is necessarily absent. the prosecution rate from last year. By ample, at insulin. Insulin prices have Mr. THUNE. The following Senators every measure that you can imagine, gone up twelvefold in recent years. The are necessarily absent: the Senator we are moving in the wrong direction. drug is not 12 times better. It is the from Texas (Mr. CRUZ), the Senator Congress has given the military more same drug, but they are getting clob- from Louisiana (Mr. KENNEDY), the than $1 billion—$500 million in fiscal bered because the pharmaceutical com- Senator from Kansas (Mr. MORAN), and year 2019 alone—enacted hundreds of panies can get away with it. So those the Senator from Indiana (Mr. YOUNG). provisions, and chartered special pan- are the kinds of practices that Ms. Further, if present and voting, the els, Commissions, and advisory com- Brooks-LaSure is going to take on, and Senator from Texas (Mr. CRUZ) would mittees to address this problem. Not she is going to do it in a bipartisan have voted ‘‘nay’’ and the Senator from one of these steps has reduced the prev- way. Indiana (Mr. YOUNG) would have voted alence rate of sexual assaults within The Centers for Medicare and Med- ‘‘nay.’’ the ranks. We are still getting reports icaid Services is right at the center of The yeas and nays resulted—yeas 52, like the one we got from Fort Hood, taking on these and other important nays 43, as follows: which found that the world’s largest healthcare challenges. This critical [Rollcall Vote No. 200 Exe.] Army base was ‘‘a permissive environ- Agency—one of the most important YEAS—52 ment for sexual assault and sexual har- places in American healthcare—needs a Baldwin Heinrich Reed assment.’’ We are right where we start- leader, and it needs one now. She is, in Bennet Hickenlooper Rosen ed. Nothing has changed. my view, an excellent nominee. She is Blumenthal Hirono Sanders I have heard from too many survivors Blunt Kaine Schatz who have barely come forward in going to work with both sides here in Booker Kelly Schumer the Senate, including on the issue our Brown King Shaheen search of justice, only to have their colleague Senator CORNYN has raised. I Cantwell Klobuchar Sinema cases outright declined by the chain of Cardin Leahy Smith want to restate my interest in working Carper Luja´ n command and then face more harass- Stabenow with both Ms. Brooks-LaSure and Sen- Casey Manchin ment and retaliation for reporting Tester Collins Markey ator CORNYN on this matter my col- Van Hollen their assailant. We owe it to our serv- league from Texas has raised. Coons Menendez icemembers to do more to prevent Cortez Masto Merkley Warner We are going to be voting in a couple Duckworth Murkowski Warnock these crimes and properly prosecute of minutes, colleagues, and I urge a Durbin Murphy Warren them when they occur. strong vote for an eminently qualified Feinstein Ossoff Whitehouse Our bill, the Military Justice Im- Gillibrand Padilla Wyden provement and Increasing Prevention nominee, Ms. Chiquita Brooks-LaSure. Hassan Peters I yield the floor. Act, would ensure that, when these NAYS—43 f crimes are committed, justice is deliv- Barrasso Grassley Romney ered. It does so by taking the same ap- EXECUTIVE SESSION Blackburn Hagerty Rounds proach to these cases that the military Boozman Hawley Rubio --- Braun Hoeven Sasse takes in almost every other area of op- EXECUTIVE CALENDAR Burr Hyde-Smith Scott (FL) eration. It puts highly technical work Capito Inhofe Scott (SC) in the hands of trained specialists. Thereupon, the Senate resumed con- Cassidy Johnson Shelby This bipartisan and commonsense re- sideration of the nomination of Cornyn Lankford Sullivan Cotton Lee form moves the decision on whether to Thune Chiquita Brooks LaSure, of Virginia, Cramer Lummis Tillis prosecute serious crimes to inde- to be Administrator of the Centers for Crapo Marshall Toomey pendent, trained, and professional mili- Medicare and Medicaid Services. Daines McConnell Ernst Paul Tuberville tary prosecutors while leaving mis- CLOTURE MOTION Fischer Portman Wicker demeanors and uniquely military The PRESIDING OFFICER. Pursuant Graham Risch crimes within the chain of command. to rule XXII, the Chair lays before the NOT VOTING—5 In other words, it will let prosecutors Senate the pending cloture motion, Cruz Moran Young prosecute and commanders command. which the clerk will state. Kennedy Murray By moving this work off of the com- The legislative clerk read as follows: The PRESIDING OFFICER (Mr. mander’s plate, it will empower com- CLOTURE MOTION HEINRICH). On this vote, the yeas are mand to focus on mission-critical ac- We, the undersigned Senators, in accord- 52, the nays are 43. tivities and on rebuilding the trust ance with the provisions of rule XXII of the among their ranks that we know is Standing Rules of the Senate, do hereby The motion is agreed to. move to bring to a close debate on the nomi- f critical to military readiness. This bill is not political. It is about nation of Executive Calendar No. 117, EXECUTIVE CALENDAR Chiquita Brooks-LaSure, of Virginia, to be doing the right thing for our service- Administrator of the Centers for Medicare The PRESIDING OFFICER. The members who do so much for this Na- and Medicaid Services. clerk will report the nomination. tion.

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.019 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3327 The Military Justice Improvement tors of sexual assault and other serious groups, and individual servicemembers, and Increasing Prevention Act has bi- crimes will be held accountable and does that. And our bipartisan bill takes partisan, filibuster-proof support. It is should be held accountable. Survivors steps to ensure the unit commander is supported by 63 Senators, including 42 will have more confidence in the proc- still involved and aware of what is Democrats, 2 Independents, and 19 Re- ess. Retaliation will be less likely. going on within the unit. publicans, and the majority of the Sen- This year, there is fresh support for This bill also puts in place measures ate Armed Services Committee. If we the effort. The new Secretary of De- brought this bill to the floor today, it fense, Secretary Austin, has indicated for the prevention of sexual assault. It would pass. that addressing this issue is a priority. increases security on our bases and sta- We have the legislation, and we have A Department of Defense panel of ex- tions. It trains leaders from the top to the votes. Now we just need the will to perts that was convened recommended the bottom on developing a better com- act. I urge all of my colleagues to join taking the decisions out of the chain of mand climate. It reinforces training on me in working to pass this bill as command. The President has signaled prevention of sexual assault. quickly as possible. As this week’s De- his support, and the bill in the Senate If a foreign power were to attack any partment of Defense report makes has over 60 bipartisan cosponsors, in- of our service men and women over- clear, our servicemembers do not have cluding my fellow Senator from Iowa seas, there would be a stampede of Sen- time to wait. JONI ERNST. ators coming to the floor and demand- I yield the floor to Senator GRASS- We have been waiting almost a dec- ing action. Now I hear only the foot- LEY. ade. There is no need to wait any The PRESIDING OFFICER. The Sen- steps of those coming to stop us from longer. I urge my colleagues to show consideration of something that would ator from Iowa. unanimous support for protecting our Mr. GRASSLEY. Mr. President, the help prevent attacks on our service men and women in military and allow time has come for this bill to pass. men and women by one of their own. It this bill to pass. After 8 years and a After 8 years of Senator GILLIBRAND’s is time for action, and I urge my col- demonstrated need in the recent 2 or 3 work in this area, it proves that she is leagues to pass this time agreement. years for bipartisanship, it is right a Senator who doesn’t give up, and it here in this bill. It deserves to be han- Mr. President, with that, I yield to proves that she is a Senator who can dled as a standalone piece of legisla- the Senator from Connecticut Senator bring bipartisanship to a city that tion. BLUMENTHAL. needs more bipartisanship. So I, like her, call on my colleagues I am glad that this bill earned the The PRESIDING OFFICER. The Sen- to pass this bill, the Military Justice support of Senator ERNST, and she was ator from Connecticut. Improvement and Increasing Preven- key in getting the cloture-proof major- ity that we have for this bill. Mr. BLUMENTHAL. Mr. President, I tion Act, by unanimous consent. thank the Senator from Iowa, our col- I first joined Senator GILLIBRAND in I would now yield to Senator ERNST. league and friend, for those really elo- advocating for this legislation in 2013, The PRESIDING OFFICER. The Sen- quent and powerful remarks. I thank after truly horrifying reports out of ator from Iowa. her and our other colleague from Iowa, the Pentagon about the rate of sexual Ms. ERNST. Mr. President, I want to assault and other criminal offenses thank my senior Senator from Iowa for who has been beside us from the very going unpunished and a recommenda- being the lead Republican on this bill, start of this cause 8 years or more ago. tion from a Commission on how to im- and I am rising today as well to sup- But most importantly, I thank my col- prove the system. port my colleague in her request today league from New York, who has been Whether it is in the military or for consideration of the Military Jus- unstoppable, steadfast, and resolute in whether it is outside the military, a tice Improvement and Increasing Pre- this cause. We are here today with that crime is a crime, and it ought to be vention Act. overwhelming, bipartisan support be- punished. It shouldn’t be overlooked, Our service men and women—all of cause of her advocacy, her eloquence, as so often is what happens in the mili- them—are volunteers. They represent and power. some of the best our Nation has to tary. Above all, we are here today because We have been pushing for this bill offer. They choose to serve. They swear to protect against all enemies, foreign of the survivors and victims who have ever since, despite promises from the come forward with tremendous courage Department of Defense that they had and domestic, and to defend the Con- and strength. As much courage as it everything under control. We heard, stitution. In this day and age, they takes to be in the military—and I pay time and time again, about new initia- face many risks, but they should not tribute literally every day to the men tives to stop sexual assaults and har- face the risk of sexual assault from and women in uniform who defend our assment. Yet things are worse today within their own ranks. than when we started out. For years, the military has struggled country, who raise their right hand, They haven’t worked. In the most re- to reduce the number of sexual assaults willing to give their lives—it is equally cent review, almost 21,000 soldiers were within the ranks. Yet we have seen lit- if not more difficult to come forward as victims of sexual assault. Only 4 per- tle progress in defeating this scourge. they have done over these years and cent of the cases went to trial, and 62 The stories from survivors are heart- speak their truth to us. I have been so percent of those who reported sexual breaking: servicemembers who are at- impressed by their bravery and by assault experienced retaliation—retal- tacked by their own teammates; serv- their truth-telling. iation just because you shouldn’t be icemembers whose lives are turned up- I know as a prosecutor how difficult hurt just because you are in the mili- side down; servicemembers who are reporting this crime is in the civilian tary and people can get away with it. abandoned by their chain of command; world, in universities, in the work- In two-thirds of these cases, the retal- servicemembers who receive no justice; place. It is excruciatingly difficult to iation comes from inside the chain of and servicemembers who are left with come forward and overcome the stigma command. the scars, often physical but always and sometimes shame and the threat of The Department of Defense has had psychological, of a terrible experience. retaliation. It is that threat of retalia- more than enough time to try their I know these stories not just from tion that we need to counter and stop the retelling by survivors of sexual as- way to fix this problem, and it is clear because reporting of this crime is al- sault but from being a survivor of sex- a new approach is needed. It is the ways difficult. Underreporting is a same approach that Senator GILLI- ual assault myself. It is time we take chronic problem in prosecuting it. BRAND has been trying to get done in new action to stop these attacks, to this body for the last 8 years, and we bring justice for the victims and to pre- So taking it out of the chain of com- have always been put off because of vent these actions going forward. mand, eliminating the prospect of re- these promises that were never carried Our bill, with over 60 cosponsors, Re- taliation, implicit fear, even if it is not out. publicans and Democrats from all po- spoken—it may be unspoken—and that By moving the decision to prosecute litical philosophies, and the endorse- is what our purpose is. It is not just out of the chain of command, perpetra- ment of veterans groups, survivors taking sexual assault out of the chain

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.023 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3328 CONGRESSIONAL RECORD — SENATE May 24, 2021 of command of decision but also felo- this important issue deserves a robust I want to stress that all amendments nies, serious crimes that may be inter- debate as we consider this year’s Na- offered by Senators on the committee twined and interrelated with sexual as- tional Defense Authorization Act. I will be fully considered during the full sault, as they so often are in the civil- would also like to thank Senator GILLI- committee markup. I intend to con- ian world, whether it is obstruction, in- BRAND for her leadership and her tenac- tinue our tradition of following an timidation of witnesses, assault, other ity on this issue. open amendment process within the crimes that may be related to it. As Senator REED referenced, I am one committee, and I know that is some- So I believe sincerely that this Sec- of those who do not support removing thing the Presiding Officer is quite retary of Defense is committed to end- the commanders from the decision- aware of since he participated in the ing sexual assault. I talked to one of making process. Nevertheless, I appre- committee in a very responsible way the nominees for a prominent position ciate Chairman REED’s commitment to over many years. in the Department of Defense; I believe ensuring this issue is debated and Further, while the first round of re- he is firmly committed. I have talked voted on during the full committee form will focus on the issues of ac- to others who have been confirmed or markup of the NDAA. countability, I hope and intend to in- who will be nominated; they are firmly The NDAA markup process is unique corporate the IRC’s recommendations committed. in the Senate. We debate and resolve on prevention, climate and culture, and Let’s make that commitment real contentious issues every year. But the victim care and support into the bill as and approve this legislation because regular-order process is important and we move through the legislative year. I the numbers have belied the promises. has served us well for many, many think these recommendations will be The results have betrayed the good in- years—actually 60 years. critically important to reducing the tention, and now it is time for action. When it comes to important issues number of sexual assaults in the ranks. Thank you, Mr. President. like this, we should not rush anything The focus of the legislation before us The PRESIDING OFFICER. The Sen- without making sure it is going to do is adjudication. I think we all would ator from New York. the right thing by our servicemembers, prefer that prevention, command cli- Mrs. GILLIBRAND. Mr. President, as and so I thank Chairman REED for his if in legislative session, I ask unani- mate—all of these factors be such that action. adjudication is not necessary because mous consent that at a time to be de- Mr. REED. Mr. President, let me also the crimes, the incidents, the difficul- termined by the majority leader, in thank the ranking member for his com- ties, the mental and physical anguish consultation with the Republican lead- ments. I agree that our committee has er, the Senate Armed Services Com- a long tradition of fulsome debate dur- that victims incur have been avoided mittee be discharged from further con- ing committee markup of the annual because we have taken the steps to pre- sideration of S. 1520 and the Senate Defense bill. It is a hallmark of our vent these actions from taking place in proceed to its consideration; that there committee. It ensures that everyone’s our military forces. With that, Mr. President, I would ob- be 2 hours for debate, equally divided voice is heard, and it is, in my view, in the usual form; and that upon the one of the reasons we have enacted the ject. The PRESIDING OFFICER. Objec- use or yielding back of that time, the Defense Authorization Act for 60 con- tion is heard. Senate vote on the bill with no inter- secutive years. The Senator from New York. vening action or debate. But I also want to commend and Mrs. GILLIBRAND. Mr. President, The PRESIDING OFFICER. Is there thank Senator GILLIBRAND for her tire- well, I just want to respond to my col- objection? less advocacy for victims of sexual as- Mr. REED. I reserve my right to ob- sault in the Armed Forces over the leagues and chairman and ranking ject, Mr. President. past 8 years, since she first introduced member. While I am extremely grateful The PRESIDING OFFICER. The Sen- a version of this bill in 2013. As I an- for their leadership and their willing- ator from Rhode Island. nounced this weekend, I agree with ness to review and take on the IRC rec- ommendations, the IRC recommenda- Mr. REED. Well, thank you very Senator GILLIBRAND that the time has much, Mr. President. I would like to come to reform how we investigate and tions are limited. It was only a 60-day first engage in a colloquy with Senator prosecute sexual assault and other spe- review of the issue of sexual assault INHOFE, the ranking member of the cial victim crimes in the military. and sexual harassment only. It did not committee, on the process we will use The best way to move forward on this look at the military justice system to consider all the ideas and amend- issue is to ensure that all 26 members overall. It did not have the benefit of 8 ments I expect will be offered by com- of the Armed Services Committee have years of review, study, and passing re- mittee members to address the inves- their voices heard and to consider this lated amendments and changes. tigation and prosecution of sexual as- legislation in the course of the markup Our committee has passed over 200— sault and related crimes under the of the fiscal year 2022 Defense bill or nearly 250—different resolutions and UCMJ in the annual Defense bill. scheduled for July. Not only will this changes to how the military deals with I believe that the committee must allow committee members, comprising sexual harassment and sexual assault, start from a base that reflected the over a quarter of the Senate, to have to no effect. broadest consensus possible among our their ideas and amendments consid- Deferring only to the IRC, which is members on how best to move forward ered, as is our tradition, but it allows an unelected panel that has only on this matter and on the rec- the administration to provide its input looked at this issue for 60 days, is not ommendations of Secretary Austin’s as well, as the Independent Review sufficient. Not only do we have Sen- 90-day Independent Review Commis- Commission that President Biden di- ators on the Armed Services Com- sion, or IRC. I understand some mem- rected provides us its recommendations mittee who have been studying this bers would prefer there be nothing in on accountability in the military jus- issue for 8 years, making recommenda- our bill on this topic, while others will tice system for the investigation and tions and passing laws on this topic for feel that the IRC recommendations do prosecution of sexual assault and other 8 years, it would seem that to defer to not go far enough. This is the nature of special victim crimes. We must be able a panel that has only looked at this compromise and why I intend to in- to analyze these recommendations col- issue for 60 days, to one issue, seems ir- clude the IRC recommendations on ac- lectively as a committee and then con- responsible. countability in the base markup of the sider their value. Second, I do not believe that issues of fiscal year 2022 Defense bill, subject to With this in mind, as I said over the this weight and of this significance amendment. I believe we will have a weekend, I intend to include in the should be dealt with the committee robust debate, and I commit to ensur- chairman’s mark of the fiscal year 2022 only. The Armed Services Committee ing that every idea and amendment Defense bill, the IRC recommenda- has been working on this issue for 10 brought by our committee members is tions. It is my view that these rec- years, and we have seen no improve- given due consideration and receives a ommendations provide the appropriate ment in the number of sexual assaults vote if that is what the member wants. basis from which to consider the wide in the military and on the rate of pros- Mr. INHOFE. Mr. President, I thank range of amendments and ideas I know ecution and the rate of conviction. the chairman, Chairman REED, that our members will have. That is highly problematic.

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.025 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3329 Also, when I asked for a vote on this system and there will be more profes- The PRESIDING OFFICER. The Sen- measure over the last several years, I sionalism. The combination of those ator from Iowa. have been denied a vote on this meas- two things, we believe, based on what Ms. ERNST. Mr. President, I want to ure on the floor by the chairman and military members have told us, will re- take just a very brief moment and the ranking member. So they have sult in more cases going forward and thank the chairman and the ranking been unable or unwilling to allow me more prosecutions. member of the Armed Services Com- to have a vote, given all the bipartisan Second, we have the support of mili- mittee because this is a very signifi- support we have had from the begin- tary justice experts. We have a letter cant move that is being proposed by ning. from the National Institute of Military Senators GILLIBRAND and GRASSLEY This bill has been bipartisan from Justice: and those of us who are cosponsors of day one. Senator GRASSLEY has been on The National Institute of Military Justice this legislation. this bill from day one, as have several recommends transferring prosecutorial dis- It is time to act. It is time to act. If other Republicans. Today, we now have cretion not only for all sex offenses, but also we can go back into previous years, I 63 cosponsors to this legislation—wide- for all serious offenses—those for which the have been one of those nay-sayers. I authorized maximum punishment exceeds ly bipartisan—and more than half of have said to others that I was very torn one year’s confinement. The dividing line is about removing this decision from a the Armed Services Committee. We a familiar feature [in the] American criminal have established that the weight of justice [system]. commander’s purview. I was torn. But this Senate, in a filibuster-proof major- These changes will strengthen the fairness we have not seen improvement when it ity, wants a floor vote on this and does of military justice and bolster public con- comes to the areas of sexual assault not want to leave it up to the com- fidence in the administration. and other serious crimes within our mittee. Similarly, we have a piece published Nation’s armed services. So it is time The Armed Services Committee has in the Marine Corps Gazette by Capt. to take very bold action. It is time to lost their opportunity to claim sole ju- Lambert Jackson, who has prosecuted take bold action. risdiction over this issue by failing to these cases. He served as trial counsel I do share those concerns as so elo- improve this situation over the last 10 for the 2nd Marine Division and is com- quently stated by Senator GILLIBRAND years. In fact, the 250 measures that we plex trial counsel. that we are making a bold proposal passed were all approved by various He fundamentally understands the that we believe now fit for those who panels that took 60 days or 90 days or nature of these cases. He was an oper- want prevention, like myself, those a year to review this issue, and we will- ational law attorney in the 1st Marine who want to reform and improve and professionalize those prosecutors with- ingly took those recommendations and Division. He says: in the military system. We can bring turned them into law. Felony prosecution determinations must I, too, will willingly take the rec- be vested with trained military attorneys that together and move it forward, but rather than commanders; disentangling com- that is not going to happen if we see it ommendations of the IRC board and manders from the often-ugly legal deter- turn them into law because they are watered down through the process of minations for which they are ill-trained will the NDAA. good and thoughtful recommendations, allow commanders to more effectively focus I would love to see this bill in its en- but they are limited. By design, they their attention on preparing their units for conflict. tirety passed. If that can happen were only allowed to look at two through the NDAA, so be it. But as crimes—sexual assault and sexual har- While I appreciate the willingness to Senator GILLIBRAND just stated, we assment—and by not looking at all se- take the recommendations of the panel have worked on legislation before to rious crimes, you are not looking at that General Austin has impaneled to see it come to fruition in the Senate the weight of the problem. look at just two crimes and while I through NDAA, but not have it passed We now have evidence that has been agree that we should accept those rec- and signed into law. So I do share those developed since 2017 about racial dis- ommendations—and I intend to push concerns, and I have not had assur- parities and how the criminal justice them into the mark through our per- ances that we could pass the bill in its system in the military works. sonnel subcommittee—we also should entirety. Protect Our Defenders issued a sig- look at the reforms that 63 Senators I would also ask that we take this up nificant report that can be found at want done. We should also look at the for consideration on the floor. I think https://www.protectourdefenders.com/ reforms that are supported by more it is that important to move forward. wp-content/uploads/2017/05/ than half of the Armed Services Com- There are a lot of survivors out there _ Report 20.pdf. mittee members. We deserve a floor who would like to see this move for- Mr. President, that report will show vote, and we deserve a process that ward. I believe that now we also have a that Black servicemembers were at cannot be undermined by the com- swell of military members who would least 1.29 times and as much as 2.61 mittee. like to see this bill in its entirety move times more likely to have disciplinary I have served on this committee for forward. action taken against them in an aver- 10 years, and the chairman well under- This body as a Senate—not just as age year across all branches from 2006 stands that in conference, bills that Senate Armed Services Committee to 2015. These disparities largely did have passed both sides have been taken members, but this body as a Senate— not improve and in some cases wors- out. this body as a Congress, we do have ci- ened in the most recent years covered. You do not have to look further than vilian oversight of the military and our So we have other challenges within what happened to the safety report lan- civilian oversight takes into consider- the military justice system, and now guage. It was passed in the House, ation those members, our constituents, we have two areas where we have data passed in the Senate, and it is safe to who are asking for this change. Believe that the military itself has collected. report, by the way, that it was offered me, I am hearing from my constituents On sexual assault, we have 10 years of in the Senate by Senator ERNST and me on this change. data, and now on racial disparities and in the Armed Services Committee be- I yield the floor. racism within the military, we have cause it would deal with retaliation. The PRESIDING OFFICER (Ms. data over the last 3 years, and that has That bill was passed in the Senate, SMITH). The Senator from Rhode Is- to be considered as well. passed in the House, and taken out in land. So the way to fix both of these prob- conference. That is a problem. Mr. REED. Madam President, my col- lems is really simple: Professionalize I do not want to expose this massive leagues have expressed overwhelming the military justice system. Allow seri- reform that is a generational reform to confidence in this bill, and I don’t ous crimes to be taken out of the chain the whims of those who decide what think that confidence will be eroded of command and given to trained mili- gets taken out in conference. It is not through more careful consideration by tary prosecutors who do not have bias acceptable to me to be watered down or the committee. I think, in fact, the and have highly specialized training. reduced or minimized by those in con- committee process will allow us to in- If we professionalize the military jus- ference. That is the risk you run by not corporate, examine, accept some and tice system, we will see justice done allowing this to have a floor vote, reject other provisions and rec- because there will be less bias in the which it deserves. ommendations by the IRC.

VerDate Sep 11 2014 03:42 May 25, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.027 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3330 CONGRESSIONAL RECORD — SENATE May 24, 2021 It also, I think, will empower or first time Republicans refused to par- thing that should become law. We al- allow us to consider something that we ticipate in the vote. We called it again, ready have 63 Senators on a bipartisan really have considered as consistently and we had the 60 votes we needed to basis supporting this reform. as the issue of sexual assault, and that overcome a filibuster. This is not something that is new to is the indications that racial bias is I believe this vote is also a once-in-a- the committee. We have been debating such that all felonies must be taken generation vote that needs the review this issue for 8 years. I have asked for out of the hands of commanders, not and the vote of the entire Senate be- a vote every one of those 8 years and just those related to individual sexual cause, not only does the Congress have have only been given one twice. We had assault or sexual harassment cases or the responsibility to oversee the mili- the majority of the Senate on both of other related sexual conduct or mis- tary and the entire executive branch, those votes. So this bill has been fili- conduct—I should rightly advocate but this whole body has the ability to bustered for 8 years. This bill has been this. oversee individual committees if they refused to be allowed to be part of the Again, I think if we want to go ahead aren’t going far enough when the mo- NDAA for a long time. This is not a and make a fundamental change, com- ment demands it. new issue. These are not new facts. mittee consideration can only assist I believe this is some such time. We These are things that we have been that change by getting broad view- are here for a time such as this. We wrestling with and failing. So I believe points of those who are in favor of it, should do our job. We should vote on it is time this measure comes to the those who may be opposed to, and this measure, and it should be an up- floor. those who may seek changes. or-down floor vote. I yield the floor. And if the committee reports to the I yield the floor. I suggest the absence of a quorum. floor, there will be opportunity on the Mr. REED. Just a point of clarifica- The PRESIDING OFFICER. The floor, once again, to engage in debate tion, my recollection of the ‘‘don’t ask, clerk will call the roll. and comment. don’t tell’’ process was that it was, in The senior assistant legislative clerk I think we will try our best to come fact, considered by the committee. The proceeded to call the roll. to a solution that is the best solution. language that was ultimately adopted Mr. BLUMENTHAL. Madam Presi- I say that with a commitment to try was the committee language; that be- dent, I ask unanimous consent that the my best to do so. cause of objections to the issue, the order for the quorum call be rescinded. I yield the floor. NDAA was filibustered consistently The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- and in order to try to break free, in objection, it is so ordered. ator from New York. terms of passing both pieces of legisla- NOMINATION OF KRISTEN M. CLARKE Mrs. GILLIBRAND. Madam Presi- tion, the ‘‘don’t ask, don’t tell’’ was re- Mr. BLUMENTHAL. Madam Presi- dent, one of the concerns I have is that moved separately. That was after a dent, in just hours, we will be voting we have been studying this issue and complete committee process, as well as on the nomination of Kristen Clarke to debating this issue for years. consideration of the NDAA on the be Assistant Attorney General for the We have had several floor debates. floor. Civil Rights Division in the United We had two floor debates because we At that point, as Senator GILLIBRAND States Department of Justice. only got to vote on it twice. Both indicated, after two attempts, there I am proud tonight to advocate for times, we had the majority of the Sen- were sufficient votes to pass ‘‘don’t her, not that she needs my voice in her ate promoting this provision. ask, don’t tell,’’ but it was duly consid- support. She is a brilliant leader and What we have is a record of our allies ered in the committee. advocate. She has dedicated her entire already making this change, not for Again, if the power of the ideas, the career to protecting the civil rights of the issue of sexual assault in the mili- compelling data that they have is such, all Americans, and she has an extraor- tary but for the issue of defendants’ I don’t know why they are concerned dinary record to show for it. rights. The UK, Israel, Germany, Neth- about allowing the full members of the She reminds me of the legal warriors erlands, Australia all took serious committee, not just a subcommittee, in the Department of Justice during crimes, a bright-line of felonies out of to decide what should be in the final the 1950s and 1960s and 1970s who bat- the chain of command because they be- mark. tled for the rule of law in supporting lieved that a defendant had a right to In addition to that, I think in this children who were trying to gain entry basic civil liberties. When they did so, process—and, in fact, I think you find to desegregated schools, in voters who they did not see a diminution in com- it on every committee—ideas, perspec- sought to uphold the franchise, and in mand control or the ability to have tives, insights are gained that would men and women who challenged the de- good order and discipline within the otherwise be lost. What we are trying nial of their rights in the South and ranks. And they wrote to one of the to do is follow the procedure of the throughout the country. The Depart- many panels that we have had over the Senate, which is to present to this ment of Justice became a beacon of law past 10 years—that information—to floor a bill that has been carefully ex- enforcement in its upholding of the tell them that this is a change we have amined by people who have dedicated a civil rights of America, and she is in made. And the UK even said this was a great deal of their Senate service to that great tradition—fierce and fear- change that our commanders basically the Armed Services Committee, and do less, strong and unyielding and tena- didn’t notice. so with the input of the Secretary of cious in defending and advocating for So this is not some untested, out-of- Defense because all of this has to be the rights and liberties of Americans the-box idea. This is an idea that is implemented by the Department of De- when they are denied those rights and supported by the survivors, by vet- fense. And at that point, if there are liberties guaranteed under the Con- erans, by commanders, by experts in still difficulties and issues, then, the stitution and our statutes. military justice, and by our allies. I be- Senate floor is available for amend- She served as the civil rights chief lieve that our servicemembers deserve ments. for the New York Attorney General in a criminal justice system worthy of the Again, I would suggest that we can the civil rights bureau. She served as sacrifices they make. make real progress in the committee. assistant counsel for the NAACP Legal Last, I do not think this is a moment We can get legislation that is not only Defense and Education Fund. She to defer to the committee. The com- bipartisan but, hopefully, unanimous served as a Federal prosecutor during mittee has failed survivors over the or nearly unanimous, and that would the Bush administration in the Civil last 10 years, and I do not think it is in be a very powerful signal to our col- Rights Division’s Criminal Section and their purview to make this ultimate leagues both in the House and to every- Voting Section, the very divisions that decision. When we had a vote on the one else that this legislation will, in she has been nominated now to lead. ‘‘don’t ask, don’t tell’’ repeal—some- fact, become law. She knows these issues. She knows thing that was similarly a generational I yield the floor. civil rights and civil liberty issues and change—it was done on a floor vote, an Mrs. GILLIBRAND. Madam Presi- law because she has worked on them up-or-down vote, and we had that vote dent, I would simply state that we have for more than two decades. She cares twice. It was called twice because the already established that this is some- about these issues because her life has

VerDate Sep 11 2014 02:27 May 25, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.029 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3331 been dedicated to them, and she under- tion’’ is used to describe the views of my colleagues to see the baseless alle- stands these issues on a deeply per- others, not her views. gations against her for what they are— sonal level. She knows them inside and Senator CRUZ has also distorted her a distortion—and I urge them to sup- out because she served to fight for record in another way in claiming she port her nomination. I have confronted them inside and out of the DOJ, inside had written a provocative email com- those allegations. They are unworthy and out of the New York Attorney Gen- paring the police to the Ku Klux Klan. of repetition, but I think my colleagues eral’s Office, inside and out of the orga- That is simply not true. In reality, the should know the truth behind them. nization whose mission is to protect passage Senator CRUZ quoted was writ- The Civil Rights Division and the them, and she is the daughter of immi- ten by someone else—an activist—in an American people need Kristen Clarke. grants who grew up in the Nation’s essay that Ms. Clarke had simply for- For me, this vote feels very personal. largest public housing complex. She is warded in an email. In the email, the Two of my four children are graduating also the mother of a 16-year-old son, subject line includes the actual au- literally today and during this week who is growing up in this moment of thor’s name, and the essay is signed at from law school. I hope they will use reckoning for racial justice, equality, the end by the author. the great gifts that they have, the and equity in America. Had Senator CRUZ bothered to look skills that they have acquired, and the If memory serves me, she also once at the entirety of the email and of that advocacy that they have been learning took a field trip to the Hartford area, document instead of cherry-picking a to advance the public interests in the in Connecticut, and watched a then line to fit his preconceived narrative, way that Kristen Clarke has done comparatively young State attorney he would have known, and it would throughout her extraordinary career. I general who was arguing in court in a have been truer to the facts here. Ms. hope they will regard her as a role desegregation case. Now, I have no illu- Clarke no more wrote the words Sen- model because she has sought justice. sions that this experience played any ator CRUZ attributed to her than he She has fought to uphold the rights part in her desire to use her extraor- did. of people who are vulnerable, Ameri- dinary skills and talents and gifts and At a time when the country faces a cans who are voiceless, and ordinary education as a public servant and law- moment of reckoning over racial jus- Americans, who all too often have been yer for the public good, but that has tice, the Civil Rights Division needs denied their rights. She has stood up been her career, and that is exactly someone with Ms. Clarke’s knowledge, for them; she has spoken out; and I what we need now at the helm of the skill, dexterity of thinking, life experi- hope we will confirm her tomorrow Civil Rights Division. ence, heart, and dedication because with a bipartisan vote. There is no excuse for waiting an- these challenges are immense and they I yield the floor. other moment to confirm her to this need to be addressed. She is the person I suggest the absence of a quorum. most important post. She is the civil for this moment. That is exactly what The PRESIDING OFFICER. The rights chief for this moment because she will do, address the need for equity clerk will call the roll. we are in a moment of reckoning. Jus- and equality in civil rights enforce- The senior assistant legislative clerk tice, equity, and equality are on the ment. She will be tenacious but proceeded to call the roll. line now, and her strength and tenacity thoughtful and insightful and true to Mr. SCHUMER. Madam President, I meet this moment. the law, serving the rule of law. She is ask unanimous consent that the order Unfortunately, there are some on the a dedicated and devoted public servant, for the quorum call be rescinded. other side who have used Ms. Clarke’s committed to equal justice, civil The PRESIDING OFFICER. Without nomination to make baseless allega- rights, and the rule of law. objection, it is so ordered. tions against her, including allegations I have seen that firsthand, and I f know I am not the only one who thinks that she supports abolishing the police. LEGISLATIVE SESSION To support this distortion, they have so. The letters the Judiciary Com- repeatedly invoked a 2020 op-ed written mittee has received in support of her by Ms. Clarke and published by News- nomination reflect a broad, profes- MORNING BUSINESS sionally and ideologically diverse coa- week. I want to meet that article head Mr. SCHUMER. Madam President, I lition of individuals and organizations on because, at our Judiciary Commit- ask unanimous consent that the Sen- that know that she is, without a doubt, tee’s markup just 2 weeks ago, Senator ate proceed to legislative session for a eminently qualified for this position. CRUZ selectively excerpted portions of period of morning business, with Sen- That support includes law enforce- that op-ed, claiming that they dem- ators permitted to speak therein for up ment, like the Major Cities Chiefs As- onstrated that Ms. Clarke ‘‘explicitly’’ to 10 minutes each. sociation, the National Organization of advocated abolishing the police. The PRESIDING OFFICER. Without Black Law Enforcement Executives, There is only one problem with this objection, it is so ordered. argument: Ms. Clarke never wrote the National Association of Women that. It just isn’t true. Ms. Clarke’s Law Enforcement Executives, the His- f piece is a thoughtful call to rethink panic American Police Command Offi- ADDITIONAL STATEMENTS how we approach law enforcement in a cers Association, and 71 former attor- country that is going through a mo- neys general from red States and blue ment in which thousands of Americans States. REMEMBERING DR. PETER B. have called out for real reform, real The National Organization of Black LYONS change, real action. Law Enforcement Executives wrote: ∑ Mr. HEINRICH. Mr. President, it is I have been proud to be involved in Ms. Clarke has displayed the qualities of my honor to recognize the life of Dr. peaceful demonstrations and rallies leadership, empathy, excellence, and persist- Peter B. Lyons, a steadfast and selfless throughout the State of Connecticut— ence in supporting and defending the U.S. public servant, who over the course of probably 20 or maybe more of them Constitution while ensuring equal protection an unparalleled and distinguished ca- and justice for all Americans. over the last summer—when young reer at Los Alamos National Labora- people led these public calls for justice The 71 former attorneys general tory, the U.S. Senate, the Nuclear Reg- in policing, justice in housing, justice wrote: ulatory Commission, and the U.S. De- in the workplace, and justice in Kristen Clarke is someone with immense partment of Energy, made numerous credibility among community leaders in healthcare—all of them implicated in each of our states—she has handled cases of contributions to the field of nuclear this moment. hate crimes, constitutional policing, human physics, to the State of New Mexico, The fact is the word ‘‘abolition’’ ap- trafficking, and voting rights, and, most re- and to our country’s nuclear energy pears only once in the entire op-ed. cently, has done effective work on violent community. That word appears once in the op-ed— extremism and the threat that it poses to In 2010, Dr. Lyons was confirmed as ‘‘abolition’’—when it is used to de- our citizens. the Assistant Secretary for Nuclear scribe the huge range of views held by I believe strongly that Kristen Energy at the U.S. Department of En- others, activists and local govern- Clarke should be confirmed right away, ergy. As Assistant Secretary, he fo- ments. That is it. That word ‘‘aboli- without delay, and I encourage all of cused on incorporating modeling and

VerDate Sep 11 2014 05:08 May 25, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.030 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3332 CONGRESSIONAL RECORD — SENATE May 24, 2021 simulation into all programs through REMEMBERING DR. ARMIN REMBE 24, 2021, he has signed the following en- the Nuclear Energy Advanced Modeling ∑ Mr. HEINRICH. Madam President, it rolled bill, which was previously signed and Simulation Program, advancing is a deep honor to recognize the life of by the Speaker of the House: the management of used nuclear fuel an extraordinary New Mexican, Dr. H.R. 1318. An act to restrict the imposition through the development of the Strat- Armin Rembe of Los Ranchos. The first by the Secretary of Homeland Security of egy for the Management and Disposal fines, penalties, duties, or tariffs applicable oncologist-hematologist in Albu- of Used Nuclear Fuel and High-Level only to coastwise voyages, or prohibit other- querque, Dr. Rembe served countless Radioactive Waste, and leading the Nu- wise qualified non-United States citizens numbers of patients in New Mexico de- clear Energy Group that established from serving as crew, on specified vessels livering lifesaving care over a long and the Small Modular Reactor Licensing transporting passengers between the State of Technical Support Program for a new successful medical career. Washington and the State of Alaska, to ad- dress a Canadian cruise ship ban and the ex- generation of safe, reliable, low-carbon Originally from Seattle, WA, Dr. Rembe developed a lifelong love for his traordinary impacts of the COVID–19 pan- nuclear energy technology. Under his demic on Alaskan communities, and for leadership, the Nuclear Energy Univer- adopted home State of New Mexico. He studied everything he could about New other purposes. sity Program also expanded its success- f ful work supporting universities in the Mexico’s rich history and culture. He United States as they prepared the also became a preeminent collector of MEASURES PLACED ON THE next generation of nuclear engineering Spanish colonial art and served for CALENDAR leaders. years as a judge at the annual Spanish The following bills were read the sec- Prior to his leadership at the Depart- Market in Santa Fe. ond time, and placed on the calendar: With his wife of 58 years, Penny, Dr. ment of Energy, Dr. Lyons served for S. 1775. A bill to address gun violence, im- 41⁄2 years on the Nuclear Regulatory Rembe developed his second career prove the availability of records to the Na- Commission and for 8 years as an in- after retiring from medicine as an or- tional Instant Criminal Background Check valuable member of U.S. Senator Pete ganic farmer and steward of Los System, address mental illness in the crimi- V. Domenici’s staff, when Senator Poblanos Historic Inn and Organic nal justice system, and end straw purchases Domenici was the chairman of both the Farm in Los Ranchos. The historic and trafficking of illegal firearms, and for Senate Energy Committee and Appro- property was designed by the renowned other purposes. priations Energy and Water Develop- architect John Gaw Meem and sits H.R. 3237. An act making emergency sup- plemental appropriations for the fiscal year ment Subcommittee. He and Senator amid 25 acres of lavender fields, cotton- ending September 30, 2021, and for other pur- Domenici focused on broadening the wood trees, and formal gardens in the poses. Rio Grande Valley. use of nuclear energy in its safest con- f figuration as a critical way to reduce For 45 years, Dr. Rembe and Penny dependence on other forms of energy worked tirelessly to grow the success- EXECUTIVE AND OTHER that contributed to climate change. ful and dynamic mission of Los COMMUNICATIONS For nearly 30 years, Dr. Lyons Poblanos as a gem of historical preser- The following communications were worked as a nuclear physicist at Los vation, a venue with world-class hospi- laid before the Senate, together with Alamos National Laboratory. He tality, and a working organic farm accompanying papers, reports, and doc- served as Director for Industrial Part- that keeps the tradition of agriculture uments, and were referred as indicated: nerships, Deputy Associate Director for in the Rio Grande alive while mini- EC–1075. A communication from the Direc- Energy and Environment, and Deputy mizing the use of precious water re- tor of the Regulatory Management Division, Associate Director for Defense Re- sources. Environmental Protection Agency, transmit- search and Applications. At Los Ala- Above all else, Dr. Rembe was proud ting, pursuant to law, the report of a rule en- mos, he also spent a decade supporting of his family. My thoughts are with his titled ‘‘Sodium lauroyl sarcosinate; Exemp- nuclear test diagnostics and served as beloved wife, Penny, their four chil- tion from the Requirement of a Tolerance’’ the Chairman of the NATO Nuclear Ef- dren, Emily, Armin, Jay and Matthew, (FRL No. 10022–72) received in the Office of fects Task Force. He published more the President of the Senate on May 18, 2021; and their eight grandchildren, as they to the Committee on Agriculture, Nutrition, than 100 technical papers and held grieve this loss and remember a life and Forestry. three patents related to fiber optics well-lived.∑ EC–1076. A communication from the Asso- and plasma diagnostics. He was also f ciate Director of the Regulatory Manage- elected to the Los Alamos School ment Division, Environmental Protection Board for 16 years, a true reflection of MESSAGE FROM THE HOUSE Agency, transmitting, pursuant to law, the his broad dedication to public service. RECEIVED DURING ADJOURNMENT report of a rule entitled ‘‘Trifludimoxazin; Dr. Lyons received his undergraduate Pesticide Tolerances’’ (FRL No. 10019–62) re- ENROLLED BILL SIGNED degree in physics and mathematics ceived in the Office of the President of the Under the authority of the order of from the University of Arizona and his Senate on May 18, 2021; to the Committee on the Senate of January 3, 2021, the Sec- doctorate in nuclear astrophysics from Agriculture, Nutrition, and Forestry. retary of the Senate, on May 20, 2021, EC–1077. A communication from the Sec- the California Institute of Technology. during the adjournment of the Senate, retary of the Treasury, transmitting, pursu- He was a fellow of the American Nu- ant to law, a six-month periodic report on clear Society, ANS, a fellow of the received a message from the House of Representatives announcing that the the national emergency with respect to the American Physical Society, and recipi- threat from securities investments that fi- ent of the Eisenhower Award for distin- Speaker had signed the following en- nance Communist Chinese military compa- guished service from the ANS. rolled bill: nies that was declared in Executive Order Behind all of these extraordinary H.R. 1318. An act to restrict the imposition 13959 of November 12, 2020; to the Committee achievements and vital contributions by the Secretary of Homeland Security of on Banking, Housing, and Urban Affairs. to our country lay a humble, kind, and fines, penalties, duties, or tariffs applicable EC–1078. A communication from the Direc- only to coastwise voyages, or prohibit other- tor of the Regulatory Management Division, profoundly decent person. All who wise qualified non-United States citizens Environmental Protection Agency, transmit- knew Dr. Lyons, or ‘‘Pete,’’ as he in- from serving as crew, on specified vessels ting, pursuant to law, the report of a rule en- sisted his friends and associates call transporting passengers between the State of titled ‘‘Air Plan Approval; Delaware; Non- him, will never forget his kindness, his Washington and the State of Alaska, to ad- attainment New Source Review Require- thoughtfulness, and his willingness to dress a Canadian cruise ship ban and the ex- ments for 2015 8-Hour Ozone National Ambi- help everyone who approached him. traordinary impacts of the COVID–19 pan- ent Air Quality Standard’’ (FRL No. 10023– Even as he fought the cancer that demic on Alaskan communities, and for 62–Region 3) received in the Office of the eventually took his life, he retained his other purposes. President of the Senate on May 18, 2021; to the Committee on Environment and Public optimistic nature and his great sense f Works. of humor. MESSAGE FROM THE HOUSE EC–1079. A communication from the Direc- My thoughts are with all of Pete’s tor of the Regulatory Management Division, family, friends, and colleagues as they ENROLLED BILL SIGNED Environmental Protection Agency, transmit- mourn his loss and reflect on all that The President pro tempore (Mr. ting, pursuant to law, the report of a rule en- he accomplished in his life.∑ LEAHY) announced that on today, May titled ‘‘Air Plan Approval; Pennsylvania;

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G24MY6.010 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3333 Regulatory Updates to Nonattainment New under Section 314(a)(2)(A) of the Coronavirus actions arising under the antitrust laws in Source Review (NNSR) Permitting Require- Response and Relief Supplemental Appro- which a State is a complainant; to the Com- ments for 2012 Fine Particulate Matter priations Act, 2021’’ (RIN1840–AD63) received mittee on the Judiciary. (PM2.5) National Ambient Air Quality in the Office of the President of the Senate By Ms. WARREN: Standard (NAAQS)’’ (FRL No. 10023–38–Re- on May 18, 2021; to the Committee on Health, S. 1788. A bill to provide appropriations for gion 3) received in the Office of the President Education, Labor, and Pensions. the Internal Revenue Service to overhaul of the Senate on May 18, 2021; to the Com- EC–1087. A communication from the Dep- technology and strengthen enforcement, and mittee on Environment and Public Works. uty Chief of Staff, Office of the General for other purposes; to the Committee on Fi- EC–1080. A communication from the Direc- Counsel, Department of Homeland Security, nance. tor of the Regulatory Management Division, transmitting, pursuant to law, the report of By Mr. MARKEY: Environmental Protection Agency, transmit- a rule entitled ‘‘Minimum Standards for S. 1789. A bill to authorize appropriations ting, pursuant to law, the report of a rule en- Driver’s Licenses and Identification Cards for highway-rail grade crossing improvement titled ‘‘Air Plan Approval; Texas; Clean Data Acceptable by Federal Agencies for Official projects; to the Committee on Commerce, Determination for the 2010 1-Hour Primary Purposes’’ (RIN1601–AB03) received in the Of- Science, and Transportation. Sulfur Dioxide National Ambient Air Quality fice of the President of the Senate on May 18, By Mr. RUBIO (for himself and Mr. Standard; Anderson and Freestone Counties 2021; to the Committee on Homeland Secu- MARKEY): and Titus County Nonattainment Areas, rity and Governmental Affairs. S. 1790. A bill to ensure that the Federal Final rule’’ (FRL No. 10023–51–Region 6) re- EC–1088. A communication from the Board Communications Commission does not ap- ceived in the Office of the President of the Chairman and Chief Executive Officer, Farm prove radio frequency devices that pose a na- Senate on May 18, 2021; to the Committee on Credit Administration, transmitting, pursu- tional security risk; to the Committee on Environment and Public Works. ant to law, the Administration’s Semiannual Commerce, Science, and Transportation. EC–1081. A communication from the Direc- Report of the Inspector General and the By Ms. CANTWELL: tor of the Regulatory Management Division, Semiannual Management Report on the Sta- S. 1791. A bill to amend the Internal Rev- Environmental Protection Agency, transmit- tus of Audits for the period from October 1, enue Code of 1986 to expand existing tax ting, pursuant to law, the report of a rule en- 2020 through March 31, 2021; to the Com- credits to include non-passenger electric- titled ‘‘Federal Plan Requirements for Mu- mittee on Homeland Security and Govern- powered vehicles, associated recharging and nicipal Solid Waste Landfills that Com- mental Affairs. refueling infrastructure, and for other pur- menced Construction on or before July 17, EC–1089. A communication from the Direc- poses; to the Committee on Finance. 2014, and Have Not Been Modified or Recon- tor, Administrative Office of the United By Mrs. FISCHER (for herself, Ms. structed since July 17, 2024’’ (RIN2060–AU52) States Courts, transmitting, pursuant to DUCKWORTH, Mr. GRASSLEY, Mr. received in the Office of the President of the law, a report on applications for delayed-no- THUNE, Ms. ERNST, and Mr. SASSE): Senate on May 18, 2021; to the Committee on tice search warrants and extensions during S. 1792. A bill to establish certain require- Environment and Public Works. fiscal year 2020; to the Committee on the Ju- ments for the small refineries exemption of EC–1082. A communication from the Asso- diciary. the renewable fuels provisions under the ciate Director of the Regulatory Manage- EC–1090. A communication from the Direc- Clean Air Act, and for other purposes; to the ment Division, Environmental Protection tor, Administrative Office of the United Committee on Environment and Public Agency, transmitting, pursuant to law, the States Courts, transmitting, pursuant to Works. report of a rule entitled ‘‘Air Plan Approval; law, the Uniform Resource Locator (URL) By Mr. MANCHIN (for himself and Mr. Michigan; Part 18 and Part 19 Revisions’’ for a report relative to compliance by the CRAMER): (FRL No. 10023–86–Region 5) received in the United States courts of appeals and district S. 1793. A bill to amend title XXVII of the Office of the President of the Senate on May courts with the time limitations established Public Health Service Act to improve health 18, 2021; to the Committee on Environment for deciding habeas corpus death penalty pe- care coverage under vision and dental plans, and Public Works. titions; to the Committee on the Judiciary. and for other purposes; to the Committee on EC–1083. A communication from the Regu- EC–1091. A communication from the Direc- Health, Education, Labor, and Pensions . lations Coordinator, Centers for Medicare tor, Administrative Office of the United By Ms. HASSAN (for herself and Mr. and Medicaid Services, Department of States Courts, transmitting, pursuant to GRASSLEY): Health and Human Services, transmitting, S. 1794. A bill to amend the Inspector Gen- law, a report entitled ‘‘Report of the Pro- pursuant to law, the report of a rule entitled eral Act of 1978 to provide testimonial sub- ceedings of the Judicial Conference of the ‘‘Medicare Program; Modification of Limita- poena authority, and for other purposes; to United States’’; to the Committee on the Ju- tions on Redesignation by the Medicare Geo- the Committee on Homeland Security and diciary. graphic Classification Review Board Governmental Affairs. EC–1092. A communication from the Direc- (MGCRB)’’ (RIN0938–AU56) received in the By Mr. MENENDEZ (for himself, Ms. tor, Administrative Office of the United Office of the President of the Senate on May CORTEZ MASTO, Mr. BOOKER, Mr. CAR- States Courts, transmitting, pursuant to 18, 2021; to the Committee on Finance. PER, Ms. SMITH, Mr. BENNET, Mr. law, the Uniform Resource Locators (URLs) EC–1084. A communication from the Regu- BLUMENTHAL, Mr. PADILLA, Ms. WAR- for two reports entitled, ‘‘2020 Annual Report lations Coordinator, Centers for Medicare REN, Mr. LUJA´ N, Mr. MURPHY, and Ms. of the Director of the Administrative Office and Medicaid Services, Department of ROSEN): of the United States Courts’’ and ‘‘Judicial Health and Human Services, transmitting, S. 1795. A bill to address mental health Business of the United States Courts’’; to the pursuant to law, the report of a rule entitled issues for youth, particularly youth of color, Committee on the Judiciary. ‘‘Medicare Program; Comprehensive Care for and for other purposes; to the Committee on EC–1093. A communication from the Direc- Joint Replacement Model Three-Year Exten- Health, Education, Labor, and Pensions. tor, Administrative Office of the United sion and Changes to Episode Definition and States Courts, transmitting, pursuant to f Pricing; Medicare and Medicaid Programs; law, the fourteenth report to Congress on Policies and Regulation Revisions in Re- SUBMISSION OF CONCURRENT AND crime victims’ rights; to the Committee on sponse to the COVID–19 Public Health Emer- SENATE RESOLUTIONS the Judiciary. gency’’ (RIN0938–AU01) received in the Office The following concurrent resolutions of the President of the Senate on May 18, f 2021; to the Committee on Finance. and Senate resolutions were read, and EC–1085. A communication from the Regu- INTRODUCTION OF BILLS AND referred (or acted upon), as indicated: lations Coordinator, Centers for Medicare JOINT RESOLUTIONS By Mrs. SHAHEEN (for herself and Ms. and Medicaid Services, Department of The following bills and joint resolu- COLLINS): Health and Human Services, transmitting, tions were introduced, read the first S. Res. 229. A resolution recognizing the devastating attack on a girls’ school in pursuant to law, the report of a rule entitled and second times by unanimous con- ‘‘Patient Protection and Affordable Care Kabul, Afghanistan on May 8, 2021, and ex- Act: HHS Notice of Benefit and Payment Pa- sent, and referred as indicated: pressing solidarity with the Afghan people; rameters for 2022 and Pharmacy Benefit By Ms. KLOBUCHAR (for herself, Mr. to the Committee on Foreign Relations. Manager Standards’’ (RIN0938–AU18) re- DURBIN, Mr. BLUMENTHAL, Mr. BOOK- By Mr. SCOTT of South Carolina (for ceived in the Office of the President of the ER, Mr. KING, Mr. MERKLEY, Mr. VAN himself, Mr. BENNET, Mr. CASSIDY, Senate on May 18, 2021; to the Committee on HOLLEN, and Mr. PADILLA): Mr. BRAUN, Mr. CORNYN, Mr. CRUZ, Health, Education, Labor, and Pensions. S. 1786. A bill to amend the Federal Elec- Mrs. FEINSTEIN, Mr. JOHNSON, Mr. EC–1086. A communication from the Dep- tion Campaign Act of 1971 to require disclo- SCOTT of Florida, Mr. YOUNG, Mr. uty Assistant General Counsel of the Divi- sures to contributors regarding recurring WICKER, Mr. CRAMER, Mr. sion of Regulatory Services, Office of Post- contributions or donations; to the Com- TUBERVILLE, Mr. TILLIS, Mr. TOOMEY, secondary Education, Department of Edu- mittee on Rules and Administration. Mr. BOOZMAN, Mr. BOOKER, Mr. cation, transmitting, pursuant to law, the By Mr. LEE (for himself and Ms. KLO- RUBIO, Mrs. BLACKBURN, Mr. CARPER, report of a rule entitled ‘‘Calculation of the BUCHAR): Mr. HAGERTY, and Mr. MCCONNELL): Endowment Factor for Allocations to His- S. 1787. A bill to amend title 28 of the S. Res. 230. A resolution congratulating the torically Black Colleges and Universities United States Code to prevent the transfer of students, parents, teachers, and leaders of

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.021 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3334 CONGRESSIONAL RECORD — SENATE May 24, 2021 charter schools across the United States for 452, a bill to award a Congressional sponsor of S. 834, a bill to amend title making ongoing contributions to education, Gold Medal to Willie O’Ree, in recogni- XVIII of the Social Security Act to and supporting the ideals and goals of the tion of his extraordinary contributions provide for the distribution of addi- 22nd annual National Charter Schools Week, and commitment to hockey, inclusion, tional residency positions, and for to be held May 9 through May 15, 2021; con- sidered and agreed to. and recreational opportunity. other purposes. By Mr. RUBIO (for himself, Mr. REED, S. 475 S. 1019 Mrs. HYDE-SMITH, Mr. CASEY, Mr. At the request of Mr. MARKEY, the At the request of Ms. KLOBUCHAR, the BRAUN, Mrs. FEINSTEIN, Mr. MAR- name of the Senator from Georgia (Mr. name of the Senator from New Jersey SHALL, and Mrs. FISCHER): OSSOFF) was added as a cosponsor of S. (Mr. BOOKER) was added as a cosponsor S. Res. 231. A resolution expressing support 475, a bill to amend title 5, United of S. 1019, a bill to amend the Federal for the designation of May 17, 2021, as ‘‘DIPG Pediatric Brain Cancer Awareness Day’’ to States Code, to designate Juneteenth Food, Drug, and Cosmetic Act to limit raise awareness of and encourage research on National Independence Day as a legal the presence of toxic elements in, and diffuse intrinsic pontine glioma tumors and public holiday. otherwise regulate, infant and toddler pediatric cancers in general; considered and S. 477 food, and for other purposes. agreed to. At the request of Ms. CORTEZ MASTO, S. 1125 f the names of the Senator from Dela- At the request of Ms. STABENOW, the ware (Mr. COONS), the Senator from Ne- names of the Senator from Colorado ADDITIONAL COSPONSORS vada (Ms. ROSEN), the Senator from (Mr. BENNET) and the Senator from Ar- S. 56 Mississippi (Mrs. HYDE-SMITH) and the kansas (Mr. BOOZMAN) were added as At the request of Ms. KLOBUCHAR, the Senator from New Mexico (Mr. LUJA´ N) cosponsors of S. 1125, a bill to rec- name of the Senator from Colorado were added as cosponsors of S. 477, a ommend that the Center for Medicare (Mr. BENNET) was added as a cosponsor bill to amend the Internal Revenue and Medicaid Innovation test the effect of S. 56, a bill to amend the Public Code of 1986 to create a refundable tax of a dementia care management model, Health Service Act to authorize grants credit for travel expenditures, and for and for other purposes. for training and support services for other purposes. S. 1251 families and caregivers of people living S. 480 At the request of Mr. BRAUN, the with Alzheimer’s disease or a related At the request of Mr. DAINES, the name of the Senator from Virginia (Mr. dementia. name of the Senator from Kentucky KAINE) was added as a cosponsor of S. S. 65 (Mr. PAUL) was added as a cosponsor of 1251, a bill to authorize the Secretary At the request of Mr. RUBIO, the S. 480, a bill to amend the Internal of Agriculture to develop a program to name of the Senator from South Caro- Revenue Code of 1986 to make perma- reduce barriers to entry for farmers, lina (Mr. SCOTT) was added as a cospon- nent the deduction for qualified busi- ranchers, and private forest landowners sor of S. 65, a bill to ensure that goods ness income. in certain voluntary markets, and for made with forced labor in the Xinjiang S. 586 other purposes. Uyghur Autonomous Region of the At the request of Mrs. CAPITO, the S. 1335 People’s Republic of China do not enter names of the Senator from Tennessee At the request of Mr. MARKEY, the the United States market, and for (Mrs. BLACKBURN) and the Senator names of the Senator from Connecticut other purposes. from Delaware (Mr. CARPER) were (Mr. BLUMENTHAL), the Senator from S. 70 added as cosponsors of S. 586, a bill to Pennsylvania (Mr. CASEY), the Senator At the request of Ms. HASSAN, the amend title XVIII of the Social Secu- from New Jersey (Mr. BOOKER) and the names of the Senator from Tennessee rity Act to combat the opioid crisis by Senator from Maryland (Mr. VAN HOL- (Mrs. BLACKBURN), the Senator from promoting access to non-opioid treat- LEN) were added as cosponsors of S. Arkansas (Mr. COTTON) and the Senator ments in the hospital outpatient set- 1335, a bill to establish a Global Cli- from Kansas (Mr. MORAN) were added ting. mate Change Resilience Strategy, to as cosponsors of S. 70, a bill to amend S. 684 authorize the admission of climate-dis- title 32, United States Code, to author- At the request of Mr. MARKEY, the placed persons, and for other purposes. ize cybersecurity operations and mis- name of the Senator from Alaska (Ms. S. 1352 sions to protect critical infrastructure MURKOWSKI) was added as a cosponsor At the request of Ms. MURKOWSKI, the by members of the National Guard in of S. 684, a bill to direct the Secretary name of the Senator from North Da- connection with training or other duty. of Transportation to carry out an ac- kota (Mr. HOEVEN) was added as a co- S. 101 tive transportation investment pro- sponsor of S. 1352, a bill to improve the At the request of Mr. MARKEY, the gram to make grants to eligible appli- quality and timeliness of Federal per- name of the Senator from Wisconsin cants to build safe and connected op- mitting and review processes with re- (Ms. BALDWIN) was added as a cospon- tions for bicycles and walkers within spect to critical mineral production on sor of S. 101, a bill to establish the En- and between communities, and for Federal land, and for other purposes. vironmental Justice Mapping Com- other purposes. S. 1418 mittee, and for other purposes. S. 692 At the request of Mr. MARKEY, the S. 142 At the request of Mr. TESTER, the name of the Senator from Maine (Mr. At the request of Mrs. SHAHEEN, the name of the Senator from Nevada (Ms. KING) was added as a cosponsor of S. names of the Senator from Colorado ROSEN) was added as a cosponsor of S. 1418, a bill to provide for a coordinated (Mr. HICKENLOOPER) and the Senator 692, a bill to award a Congressional Federal research initiative to ensure from New Mexico (Mr. HEINRICH) were Gold Medal to the female telephone op- continued United States leadership in added as cosponsors of S. 142, a bill to erators of the Army Signal Corps, engineering biology. prohibit the application of certain re- known as the ‘‘Hello Girls’’ . S. 1687 strictive eligibility requirements to S. 808 At the request of Mr. RUBIO, the foreign nongovernmental organizations At the request of Mr. REED, the name name of the Senator from Missouri with respect to the provision of assist- of the Senator from Maine (Mr. KING) (Mr. HAWLEY) was added as a cosponsor ance under part I of the Foreign Assist- was added as a cosponsor of S. 808, a of S. 1687, a bill to amend section 21 of ance Act of 1961. bill to amend the Securities Exchange the Small Business Act to require S. 452 Act of 1934 to promote transparency in cyber certification for small business At the request of Ms. STABENOW, the the oversight of cybersecurity risks at development center counselors, and for names of the Senator from Rhode Is- publicly traded companies. other purposes. land (Mr. WHITEHOUSE), the Senator S. 834 S. 1691 from Connecticut (Mr. MURPHY) and At the request of Mr. MENENDEZ, the At the request of Mr. RUBIO, the the Senator from South Dakota (Mr. name of the Senator from Pennsyl- name of the Senator from Missouri THUNE) were added as cosponsors of S. vania (Mr. CASEY) was added as a co- (Mr. HAWLEY) was added as a cosponsor

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.020 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3335 of S. 1691, a bill to require an annual AMENDMENT NO. 1503 from Maryland (Mr. VAN HOLLEN) were report on the cybersecurity of the At the request of Ms. MURKOWSKI, the added as cosponsors of amendment No. Small Business Administration, and for names of the Senator from Arizona 1549 intended to be proposed to S. 1260, other purposes. (Mr. KELLY) and the Senator from a bill to establish a new Directorate for S. 1712 North Dakota (Mr. HOEVEN) were added Technology and Innovation in the Na- At the request of Mr. BRAUN, the as cosponsors of amendment No. 1503 tional Science Foundation, to establish name of the Senator from Mississippi intended to be proposed to S. 1260, a a regional technology hub program, to (Mrs. HYDE-SMITH) was added as a co- bill to establish a new Directorate for require a strategy and report on eco- sponsor of S. 1712, a bill to amend sub- Technology and Innovation in the Na- nomic security, science, research, inno- title A of title II of division A of the tional Science Foundation, to establish vation, manufacturing, and job cre- CARES Act to require confirmation of a regional technology hub program, to ation, to establish a critical supply employment status for long-term un- require a strategy and report on eco- chain resiliency program, and for other employed individuals, and for other nomic security, science, research, inno- purposes. purposes. vation, manufacturing, and job cre- AMENDMENT NO. 1554 S. 1714 ation, to establish a critical supply At the request of Mr. WICKER, the At the request of Ms. COLLINS, the chain resiliency program, and for other name of the Senator from Pennsyl- names of the Senator from Illinois (Mr. purposes. vania (Mr. CASEY) was added as a co- DURBIN) and the Senator from New AMENDMENT NO. 1515 sponsor of amendment No. 1554 in- Hampshire (Ms. HASSAN) were added as At the request of Ms. ERNST, the tended to be proposed to S. 1260, a bill cosponsors of S. 1714, a bill to amend name of the Senator from Minnesota to establish a new Directorate for the Central Intelligence Agency Act of (Ms. SMITH) was added as a cosponsor Technology and Innovation in the Na- 1949 to authorize the provision of pay- of amendment No. 1515 intended to be tional Science Foundation, to establish ment to personnel of the Central Intel- proposed to S. 1260, a bill to establish a a regional technology hub program, to ligence Agency who incur qualifying new Directorate for Technology and In- require a strategy and report on eco- injuries to the brain, to authorize the novation in the National Science Foun- nomic security, science, research, inno- provision of payment to personnel of dation, to establish a regional tech- vation, manufacturing, and job cre- the Department of State who incur nology hub program, to require a strat- ation, to establish a critical supply similar injuries, and for other pur- egy and report on economic security, chain resiliency program, and for other poses. science, research, innovation, manufac- purposes. S. 1764 turing, and job creation, to establish a AMENDMENT NO. 1581 At the request of Mr. CRAMER, the critical supply chain resiliency pro- At the request of Mr. MANCHIN, the name of the Senator from Missouri gram, and for other purposes. names of the Senator from Idaho (Mr. (Mr. HAWLEY) was added as a cosponsor AMENDMENT NO. 1535 RISCH), the Senator from North Dakota of S. 1764, a bill to expand the Pro- At the request of Mr. BARRASSO, the (Mr. HOEVEN), the Senator from Maine tecting Europe’s Energy Security Act names of the Senator from North Da- (Mr. KING) and the Senator from Ne- of 2019 and require the reinstatement of kota (Mr. CRAMER), the Senator from vada (Ms. ROSEN) were added as cospon- sanctions waived with respect to Nord West Virginia (Mrs. CAPITO), the Sen- sors of amendment No. 1581 intended to Stream 2 AG and corporate officers of ator from Mississippi (Mrs. HYDE- be proposed to S. 1260, a bill to estab- Nord Stream 2 AG. SMITH), the Senator from West Virginia lish a new Directorate for Technology S. 1777 (Mr. MANCHIN) and the Senator from and Innovation in the National Science At the request of Mr. BRAUN, the North Dakota (Mr. HOEVEN) were added Foundation, to establish a regional name of the Senator from Alaska (Ms. as cosponsors of amendment No. 1535 technology hub program, to require a MURKOWSKI) was added as a cosponsor intended to be proposed to S. 1260, a strategy and report on economic secu- of S. 1777, a bill to amend the Internal bill to establish a new Directorate for rity, science, research, innovation, Revenue Code of 1986 to codify the Technology and Innovation in the Na- manufacturing, and job creation, to es- Trump administration rule on report- tional Science Foundation, to establish tablish a critical supply chain resil- ing requirements of exempt organiza- a regional technology hub program, to iency program, and for other purposes. tions, and for other purposes. require a strategy and report on eco- AMENDMENT NO. 1582 S. CON. RES. 9 nomic security, science, research, inno- At the request of Mr. MANCHIN, the At the request of Mr. BARRASSO, the vation, manufacturing, and job cre- name of the Senator from Washington name of the Senator from Mississippi ation, to establish a critical supply (Mrs. MURRAY) was added as a cospon- (Mrs. HYDE-SMITH) was added as a co- chain resiliency program, and for other sor of amendment No. 1582 intended to sponsor of S. Con. Res. 9, a concurrent purposes. be proposed to S. 1260, a bill to estab- resolution supporting the Local Radio AMENDMENT NO. 1536 lish a new Directorate for Technology Freedom Act. At the request of Mr. BARRASSO, the and Innovation in the National Science S. RES. 67 names of the Senator from Oklahoma Foundation, to establish a regional At the request of Mr. CORNYN, the (Mr. LANKFORD), the Senator from technology hub program, to require a name of the Senator from Vermont North Dakota (Mr. CRAMER), the Sen- strategy and report on economic secu- (Mr. LEAHY) was added as a cosponsor ator from Mississippi (Mrs. HYDE- rity, science, research, innovation, of S. Res. 67, a resolution calling for SMITH) and the Senator from North Da- manufacturing, and job creation, to es- the immediate release of Trevor Reed, kota (Mr. HOEVEN) were added as co- tablish a critical supply chain resil- a United States citizen who was un- sponsors of amendment No. 1536 in- iency program, and for other purposes. justly found guilty and sentenced to 9 tended to be proposed to S. 1260, a bill AMENDMENT NO. 1583 years in a Russian prison. to establish a new Directorate for At the request of Ms. COLLINS, the S. RES. 202 Technology and Innovation in the Na- names of the Senator from New Jersey At the request of Mr. SULLIVAN, the tional Science Foundation, to establish (Mr. MENENDEZ), the Senator from name of the Senator from Nevada (Ms. a regional technology hub program, to Montana (Mr. TESTER), the Senator ROSEN) was added as a cosponsor of S. require a strategy and report on eco- from Idaho (Mr. RISCH) and the Senator Res. 202, a resolution designating May nomic security, science, research, inno- from New Hampshire (Ms. HASSAN) 7, 2021, as ‘‘United States Foreign Serv- vation, manufacturing, and job cre- were added as cosponsors of amend- ice Day’’ in recognition of the men and ation, to establish a critical supply ment No. 1583 intended to be proposed women who have served, or are pres- chain resiliency program, and for other to S. 1260, a bill to establish a new Di- ently serving, in the Foreign Service of purposes. rectorate for Technology and Innova- the United States, and honoring the AMENDMENT NO. 1549 tion in the National Science Founda- members of the Foreign Service who At the request of Mr. MARKEY, the tion, to establish a regional technology have given their lives in the line of names of the Senator from Massachu- hub program, to require a strategy and duty. setts (Ms. WARREN) and the Senator report on economic security, science,

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.027 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3336 CONGRESSIONAL RECORD — SENATE May 24, 2021 research, innovation, manufacturing, critical supply chain resiliency pro- vation, manufacturing, and job cre- and job creation, to establish a critical gram, and for other purposes. ation, to establish a critical supply supply chain resiliency program, and AMENDMENT NO. 1636 chain resiliency program, and for other for other purposes. At the request of Ms. WARREN, the purposes. AMENDMENT NO. 1626 name of the Senator from Oregon (Mr. AMENDMENT NO. 1798 At the request of Mr. MENENDEZ, the MERKLEY) was added as a cosponsor of At the request of Ms. WARREN, the names of the Senator from New Hamp- amendment No. 1636 intended to be pro- name of the Senator from Oregon (Mr. shire (Mrs. SHAHEEN), the Senator from posed to S. 1260, a bill to establish a MERKLEY) was added as a cosponsor of Oregon (Mr. MERKLEY), the Senator new Directorate for Technology and In- amendment No. 1798 intended to be pro- from Maryland (Mr. VAN HOLLEN), the novation in the National Science Foun- posed to S. 1260, a bill to establish a Senator from Maine (Mr. KING), the dation, to establish a regional tech- new Directorate for Technology and In- Senator from Montana (Mr. DAINES), nology hub program, to require a strat- novation in the National Science Foun- the Senator from Connecticut (Mr. egy and report on economic security, dation, to establish a regional tech- BLUMENTHAL), the Senator from Massa- science, research, innovation, manufac- nology hub program, to require a strat- chusetts (Mr. MARKEY), the Senator turing, and job creation, to establish a egy and report on economic security, from Maryland (Mr. CARDIN), the Sen- critical supply chain resiliency pro- science, research, innovation, manufac- ator from Virginia (Mr. KAINE), the gram, and for other purposes. turing, and job creation, to establish a Senator from Nevada (Ms. ROSEN), the AMENDMENT NO. 1711 critical supply chain resiliency pro- Senator from Connecticut (Mr. MUR- At the request of Mr. KENNEDY, the gram, and for other purposes. PHY), the Senator from California (Mrs. name of the Senator from Florida (Mr. AMENDMENT NO. 1802 FEINSTEIN) and the Senator from Alas- RUBIO) was added as a cosponsor of At the request of Mr. RUBIO, the ka (Ms. MURKOWSKI) were added as co- amendment No. 1711 intended to be pro- names of the Senator from North Caro- sponsors of amendment No. 1626 in- posed to S. 1260, a bill to establish a lina (Mr. TILLIS) and the Senator from tended to be proposed to S. 1260, a bill new Directorate for Technology and In- Iowa (Mr. GRASSLEY) were added as co- to establish a new Directorate for novation in the National Science Foun- sponsors of amendment No. 1802 in- Technology and Innovation in the Na- dation, to establish a regional tech- tended to be proposed to S. 1260, a bill tional Science Foundation, to establish nology hub program, to require a strat- to establish a new Directorate for a regional technology hub program, to egy and report on economic security, Technology and Innovation in the Na- require a strategy and report on eco- science, research, innovation, manufac- tional Science Foundation, to establish nomic security, science, research, inno- turing, and job creation, to establish a a regional technology hub program, to vation, manufacturing, and job cre- critical supply chain resiliency pro- require a strategy and report on eco- ation, to establish a critical supply gram, and for other purposes. nomic security, science, research, inno- chain resiliency program, and for other AMENDMENT NO. 1768 vation, manufacturing, and job cre- purposes. At the request of Ms. ROSEN, the ation, to establish a critical supply AMENDMENT NO. 1633 name of the Senator from Rhode Island chain resiliency program, and for other At the request of Ms. WARREN, the (Mr. WHITEHOUSE) was added as a co- purposes. name of the Senator from Florida (Mr. sponsor of amendment No. 1768 in- AMENDMENT NO. 1826 RUBIO) was added as a cosponsor of tended to be proposed to S. 1260, a bill At the request of Mr. BOOKER, the amendment No. 1633 intended to be pro- to establish a new Directorate for name of the Senator from South Caro- posed to S. 1260, a bill to establish a Technology and Innovation in the Na- lina (Mr. SCOTT) was added as a cospon- new Directorate for Technology and In- tional Science Foundation, to establish sor of amendment No. 1826 intended to novation in the National Science Foun- a regional technology hub program, to be proposed to S. 1260, a bill to estab- dation, to establish a regional tech- require a strategy and report on eco- lish a new Directorate for Technology nology hub program, to require a strat- nomic security, science, research, inno- and Innovation in the National Science egy and report on economic security, vation, manufacturing, and job cre- Foundation, to establish a regional science, research, innovation, manufac- ation, to establish a critical supply technology hub program, to require a turing, and job creation, to establish a chain resiliency program, and for other strategy and report on economic secu- critical supply chain resiliency pro- purposes. rity, science, research, innovation, gram, and for other purposes. AMENDMENT NO. 1769 manufacturing, and job creation, to es- AMENDMENT NO. 1634 At the request of Mr. MENENDEZ, the tablish a critical supply chain resil- At the request of Ms. WARREN, the name of the Senator from Florida (Mr. iency program, and for other purposes. name of the Senator from Oregon (Mr. RUBIO) was added as a cosponsor of AMENDMENT NO. 1840 MERKLEY) was added as a cosponsor of amendment No. 1769 intended to be pro- At the request of Mr. THUNE, the amendment No. 1634 intended to be pro- posed to S. 1260, a bill to establish a name of the Senator from Maine (Mr. posed to S. 1260, a bill to establish a new Directorate for Technology and In- KING) was added as a cosponsor of new Directorate for Technology and In- novation in the National Science Foun- amendment No. 1840 intended to be pro- novation in the National Science Foun- dation, to establish a regional tech- posed to S. 1260, a bill to establish a dation, to establish a regional tech- nology hub program, to require a strat- new Directorate for Technology and In- nology hub program, to require a strat- egy and report on economic security, novation in the National Science Foun- egy and report on economic security, science, research, innovation, manufac- dation, to establish a regional tech- science, research, innovation, manufac- turing, and job creation, to establish a nology hub program, to require a strat- turing, and job creation, to establish a critical supply chain resiliency pro- egy and report on economic security, critical supply chain resiliency pro- gram, and for other purposes. science, research, innovation, manufac- gram, and for other purposes. AMENDMENT NO. 1794 turing, and job creation, to establish a AMENDMENT NO. 1635 At the request of Mr. VAN HOLLEN, critical supply chain resiliency pro- At the request of Ms. WARREN, the the names of the Senator from North gram, and for other purposes. name of the Senator from Oregon (Mr. Carolina (Mr. TILLIS), the Senator from AMENDMENT NO. 1860 MERKLEY) was added as a cosponsor of Georgia (Mr. WARNOCK) and the Sen- At the request of Mr. HOEVEN, the amendment No. 1635 intended to be pro- ator from Maryland (Mr. CARDIN) were name of the Senator from Montana posed to S. 1260, a bill to establish a added as cosponsors of amendment No. (Mr. TESTER) was added as a cosponsor new Directorate for Technology and In- 1794 intended to be proposed to S. 1260, of amendment No. 1860 intended to be novation in the National Science Foun- a bill to establish a new Directorate for proposed to S. 1260, a bill to establish a dation, to establish a regional tech- Technology and Innovation in the Na- new Directorate for Technology and In- nology hub program, to require a strat- tional Science Foundation, to establish novation in the National Science Foun- egy and report on economic security, a regional technology hub program, to dation, to establish a regional tech- science, research, innovation, manufac- require a strategy and report on eco- nology hub program, to require a strat- turing, and job creation, to establish a nomic security, science, research, inno- egy and report on economic security,

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.029 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3337 science, research, innovation, manufac- served area of Kabul where many members of SENATE RESOLUTION 230—CON- turing, and job creation, to establish a the Hazara minority community live; GRATULATING THE STUDENTS, critical supply chain resiliency pro- Whereas the Hazara in Dasht-e Barchi have PARENTS, TEACHERS, AND gram, and for other purposes. been the target of extremist violence for LEADERS OF CHARTER SCHOOLS many years; AMENDMENT NO. 1891 ACROSS THE UNITED STATES Whereas on March 12, 2020, assailants at- At the request of Mr. LEE, the name FOR MAKING ONGOING CON- tacked a maternity hospital in Dasht-e TRIBUTIONS TO EDUCATION, AND of the Senator from Missouri (Mr. Barchi, killing 24 people including 2 newborn SUPPORTING THE IDEALS AND HAWLEY) was added as a cosponsor of babies, mothers, and members of the hospital amendment No. 1891 intended to be pro- staff; GOALS OF THE 22ND ANNUAL posed to S. 1260, a bill to establish a Whereas, 1 of those killed in the attack on NATIONAL CHARTER SCHOOLS new Directorate for Technology and In- the hospital was Maryam Noorzad— WEEK, TO BE HELD MAY 9 THROUGH MAY 15, 2021 novation in the National Science Foun- (1) who was a midwife serving the Hazara dation, to establish a regional tech- community; Mr. SCOTT of South Carolina (for himself, Mr. BENNET, Mr. CASSIDY, Mr. nology hub program, to require a strat- (2) who dedicated her life to providing ac- BRAUN, Mr. CORNYN, Mr. CRUZ, Mrs. egy and report on economic security, cess to healthcare to women in remote parts FEINSTEIN, Mr. JOHNSON, Mr. SCOTT of science, research, innovation, manufac- of Afghanistan; turing, and job creation, to establish a Florida, Mr. YOUNG, Mr. WICKER, Mr. critical supply chain resiliency pro- (3) who was murdered after refusing to CRAMER, Mr. TUBERVILLE, Mr. TILLIS, gram, and for other purposes. leave the bedside of a patient in labor; and Mr. TOOMEY, Mr. BOOZMAN, Mr. BOOK- ER UBIO LACKBURN AMENDMENT NO. 1911 (4) whose bravery was recognized by the , Mr. R , Mrs. B , Mr. Department of State with an honorary Inter- CARPER, Mr. HAGERTY, and Mr. MCCON- At the request of Mr. SULLIVAN, the NELL) submitted the following resolu- name of the Senator from Florida (Mr. national Women of Courage award; Whereas, Afghan girls were restricted from tion; which was considered and agreed SCOTT) was added as a cosponsor of accessing an education under the Taliban, to: amendment No. 1911 intended to be pro- forcing some girls to dress up as boys in S. RES. 230 posed to S. 1260, a bill to establish a order to attend secret schools and continue new Directorate for Technology and In- Whereas charter schools are public schools their education; that do not charge tuition and enroll any novation in the National Science Foun- Whereas, according to a report by the Of- student who wants to attend, often through dation, to establish a regional tech- fice of the Director of National Intel- a random lottery when the demand for en- nology hub program, to require a strat- ligence— rollment is outmatched by the supply of egy and report on economic security, (1) there are approximately 3,500,000 girls available charter school seats; science, research, innovation, manufac- among the 9,000,000 children who are enrolled Whereas high-performing public charter schools deliver a high-quality public edu- turing, and job creation, to establish a in school in Afghanistan; critical supply chain resiliency pro- cation and challenge all students to reach (2) only 17 percent of girls in rural parts of gram, and for other purposes. their potential for academic success; Afghanistan attend school, while 45 percent Whereas public charter schools promote in- AMENDMENT NO. 1916 of girls in urban areas in Afghanistan attend novation and excellence in public education; At the request of Mr. RUBIO, the school; Whereas public charter schools throughout name of the Senator from Massachu- the United States provide millions of fami- (3) 80 percent of Afghan women older than lies with diverse and innovative educational setts (Mr. MARKEY) was added as a co- 15 years of age are illiterate; and sponsor of amendment No. 1916 in- options for the children of those families; tended to be proposed to S. 1260, a bill (4) schools are increasingly being forced to Whereas high-performing public charter close due to rising insecurity; schools and charter management organiza- to establish a new Directorate for tions are increasing student achievement Technology and Innovation in the Na- Whereas, the education of girls is a nec- essary requirement for any country to and attendance rates at institutions of high- tional Science Foundation, to establish achieve long-term stability and peace; er education; a regional technology hub program, to Whereas the attack coincides with an esca- Whereas public charter schools are author- require a strategy and report on eco- lation of violence in Afghanistan, per- ized by a designated entity and— (1) respond to the needs of communities, nomic security, science, research, inno- petrated by the Taliban, the Islamic State of vation, manufacturing, and job cre- families, and students in the United States; Iraq and the Levant (ISIS) and other ter- and ation, to establish a critical supply rorist organizations; (2) promote the principles of quality, ac- chain resiliency program, and for other Whereas the recent escalation in violence countability, choice, high-performance, and purposes. has disproportionately impacted women, who innovation; f have been targeted while working as report- Whereas, in exchange for flexibility and ers, administering vaccines, serving in autonomy, public charter schools are held SUBMITTED RESOLUTIONS prominent positions, and helping their com- accountable by the authorizers of the char- munities: ter schools for improving student achieve- --- Now, therefore, be it ment and for sound financial and operational SENATE RESOLUTION 229—RECOG- Resolved, That the Senate— management; NIZING THE DEVASTATING AT- (1) extends its heartfelt condolences to, Whereas public charter schools are re- quired to meet the student achievement ac- TACK ON A GIRLS’ SCHOOL IN and stands with, the people of Afghanistan countability requirements under the Ele- KABUL, AFGHANISTAN ON MAY and the Hazara community; mentary and Secondary Education Act of 8, 2021, AND EXPRESSING SOLI- (2) condemns all forms of violence against DARITY WITH THE AFGHAN PEO- 1965 (20 U.S.C. 6301 et seq.) in the same man- women and girls in Afghanistan; ner as traditional public schools; PLE (3) supports United States and inter- Whereas public charter schools often set Mrs. SHAHEEN (for herself and Ms. national efforts to ensure that girls in Af- higher expectations for students, beyond the ghanistan are able to safely attend school; COLLINS) submitted the following reso- requirements of the Elementary and Sec- (4) affirms that the United States should lution; which was referred to the Com- ondary Education Act of 1965 (20 U.S.C. 6301 continue to provide assistance to support the mittee on Foreign Relations: et seq.), to ensure that the charter schools rights of women and girls to achieve an edu- are of high quality and truly accountable to S. RES. 229 cation; the public; Whereas on May 8, 2021, a car bomb and (5) calls on the Government of Afghanistan Whereas 44 States, the District of Colum- several other mechanisms were detonated at to support girls’ education and to ensure bia, Guam, and Puerto Rico have public the front gates of the Sayed Ul-Shuhada that girls are able to safely attend school; charter schools; High School in Kabul, killing more than 85 (6) calls for international condemnation of Whereas, as of the 2018–2019 school year, people, many of whom were girls attending violence against Afghan women and girls, more than 7,500 public charter schools served the school; and approximately 3,300,000 children; Whereas, the attack took place as the girls (7) asks the international community to Whereas enrollment in public charter and their families prepared to celebrate Eid devote the resources and attention necessary schools grew from 400,000 students in 2001 to al-Fitr; to provide for the continued safe education 3,300,000 students in 2019, a more than eight- Whereas the school provides education to fold increase in 18 years; of girls in Afghanistan. the Dasht-e Barchi neighborhood, an under- Whereas in the United States—

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.031 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3338 CONGRESSIONAL RECORD — SENATE May 24, 2021 (1) in 241 school districts, more than 10 per- SENATE RESOLUTION 231—EX- MER to the bill S. 1260, supra; which was or- cent of public school students are enrolled in PRESSING SUPPORT FOR THE dered to lie on the table. public charter schools; and DESIGNATION OF MAY 17, 2021, SA 1922. Ms. WARREN (for herself and Mr. RUBIO) submitted an amendment intended to (2) in at least 29 school districts, at least 30 AS ‘‘DIPG PEDIATRIC BRAIN be proposed to amendment SA 1502 proposed percent of public school students are en- CANCER AWARENESS DAY’’ TO by Mr. SCHUMER to the bill S. 1260, supra; rolled in public charter schools; RAISE AWARENESS OF AND EN- which was ordered to lie on the table. Whereas public charter schools improve COURAGE RESEARCH ON DIF- SA 1923. Ms. CANTWELL submitted an the achievement of students enrolled in the FUSE INTRINSIC PONTINE amendment intended to be proposed to charter schools and collaborate with tradi- GLIOMA TUMORS AND PEDI- amendment SA 1502 proposed by Mr. SCHU- tional public schools to improve public edu- ATRIC CANCERS IN GENERAL MER to the bill S. 1260, supra; which was or- cation for all students; dered to lie on the table. Mr. RUBIO (for himself, Mr. REED, SA 1924. Mr. SANDERS submitted an Whereas public charter schools— Mrs. HYDE-SMITH, Mr. CASEY, Mr. amendment intended to be proposed to (1) give parents the freedom to choose pub- BRAUN, Mrs. FEINSTEIN, Mr. MARSHALL, amendment SA 1502 proposed by Mr. SCHU- lic schools; and Mrs. FISCHER) submitted the fol- MER to the bill S. 1260, supra; which was or- (2) routinely measure parental satisfaction lowing resolution; which was consid- dered to lie on the table. SA 1925. Mr. SANDERS submitted an levels; and ered and agreed to: amendment intended to be proposed to (3) must prove the ongoing success of the S. RES. 231 amendment SA 1502 proposed by Mr. SCHU- charter schools to parents, policymakers, Whereas diffuse intrinsic pontine glioma MER to the bill S. 1260, supra; which was or- and the communities served by the charter (referred to in this preamble as ‘‘DIPG’’) tu- dered to lie on the table. schools or risk closure; mors regularly affect 130 to 300 children in SA 1926. Mr. RISCH (for himself, Mr. the United States each year; CRAPO, Ms. ROSEN, Mrs. CAPITO, and Ms. COR- Whereas a 2015 report from the Center for Whereas brain tumors are the leading TEZ MASTO) submitted an amendment in- Research on Education Outcomes at Stan- cause of cancer-related death among chil- tended to be proposed to amendment SA 1502 ford University found significant improve- dren; proposed by Mr. SCHUMER to the bill S. 1260, ments for students at urban charter schools, Whereas DIPG tumors are the leading supra; which was ordered to lie on the table. and, when compared to peers in traditional cause of pediatric brain cancer deaths; SA 1927. Mr. ROMNEY submitted an public schools, each year those students Whereas, with respect to a child who is di- amendment intended to be proposed to completed the equivalent of 28 more days of agnosed with a DIPG tumor and receives amendment SA 1502 proposed by Mr. SCHU- learning in reading and 40 more days of treatment for a DIPG tumor, the median MER to the bill S. 1260, supra; which was or- learning in math; amount of time that the child survives after dered to lie on the table. Whereas a 2020 study from the Program on diagnosis is only 9 months; SA 1928. Mr. ROMNEY (for himself and Mr. Education Policy and Governance at Harvard Whereas, with respect to an individual who RUBIO) submitted an amendment intended to University found greater academic gains for is diagnosed with a DIPG tumor, the rate of be proposed to amendment SA 1502 proposed students in charter schools than for students survival 5 years after diagnosis is approxi- by Mr. SCHUMER to the bill S. 1260, supra; in traditional public schools who took the mately 2 percent; which was ordered to lie on the table. SA 1929. Mr. LEE submitted an amendment reading and math assessments administered Whereas the average age at which a child intended to be proposed to amendment SA by the National Assessment of Educational is diagnosed with a DIPG tumor is between 5 1502 proposed by Mr. SCHUMER to the bill S. Progress (NAEP) in fourth and eighth grade and 10 years, resulting in a life expectancy approximately 70 years shorter than the av- 1260, supra; which was ordered to lie on the between 2005 and 2017, and African American table. and low-income students attending charter erage life expectancy in the United States; and SA 1930. Mr. MANCHIN (for himself and schools were almost 6 months ahead of their Whereas the prognosis for children diag- Mr. CRAMER) submitted an amendment in- peers in reading and math compared with nosed with DIPG tumors has not improved tended to be proposed to amendment SA 1502 students in traditional public schools over over the past 50 years: Now, therefore, be it proposed by Mr. SCHUMER to the bill S. 1260, the 12-year span of the study; Resolved, That the Senate— supra; which was ordered to lie on the table. Whereas parental demand for charter (1) supports— SA 1931. Mr. MANCHIN (for himself and schools is high, and there was nearly 5 per- (A) designating May 17, 2021, as ‘‘DIPG Pe- Mr. BARRASSO) submitted an amendment in- cent growth in charter school enrollment be- diatric Brain Cancer Awareness Day’’; and tended to be proposed to amendment SA 1502 tween the 2017–2018 and 2018–2019 school (B) efforts to— proposed by Mr. SCHUMER to the bill S. 1260, years; and (i) better understand diffuse intrinsic supra; which was ordered to lie on the table. Whereas the 22nd annual National Charter pontine glioma tumors; SA 1932. Mr. INHOFE (for himself, Mr. Schools Week is scheduled to be celebrated (ii) develop effective treatments for diffuse COONS, and Mr. CORNYN) submitted an the week of May 9 through May 15, 2021: Now, intrinsic pontine glioma tumors; and amendment intended to be proposed to therefore, be it (iii) provide comprehensive care for chil- amendment SA 1502 proposed by Mr. SCHU- dren with diffuse intrinsic pontine glioma MER to the bill S. 1260, supra; which was or- Resolved, That the Senate— tumors and their families; and dered to lie on the table. (1) congratulates the students, families, (2) encourages all individuals in the United SA 1933. Mrs. HYDE–SMITH submitted an teachers, leaders, and staff of public charter States to become more informed about— amendment intended to be proposed to schools across the United States for— (A) diffuse intrinsic pontine glioma tu- amendment SA 1502 proposed by Mr. SCHU- (A) making ongoing contributions to pub- mors; MER to the bill S. 1260, supra; which was or- lic education; (B) pediatric brain cancer in general; and dered to lie on the table. (B) making impressive strides in closing (C) challenges relating to research on pedi- SA 1934. Mr. JOHNSON submitted an the academic achievement gap in schools in atric cancers and ways to advance such re- amendment intended to be proposed to the United States, particularly in schools search. amendment SA 1502 proposed by Mr. SCHU- MER to the bill S. 1260, supra; which was or- with some of the most disadvantaged stu- f dents in both rural and urban communities; dered to lie on the table. SA 1935. Mr. PETERS submitted an amend- and AMENDMENTS SUBMITTED AND ment intended to be proposed to amendment (C) improving and strengthening the public PROPOSED SA 1502 proposed by Mr. SCHUMER to the bill school system throughout the United States; SA 1920. Mr. BOOZMAN submitted an S. 1260, supra; which was ordered to lie on (2) supports the ideals and goals of the 22nd amendment intended to be proposed to the table. annual National Charter Schools Week, a amendment SA 1502 proposed by Mr. SCHU- SA 1936. Mr. SULLIVAN (for himself, Mr. week-long celebration to be held May 9 MER to the bill S. 1260, to establish a new Di- RUBIO, and Mr. INHOFE) submitted an amend- through May 15, 2021, in communities rectorate for Technology and Innovation in ment intended to be proposed to amendment throughout the United States; and the National Science Foundation, to estab- SA 1502 proposed by Mr. SCHUMER to the bill (3) encourages the people of the United lish a regional technology hub program, to S. 1260, supra; which was ordered to lie on States to hold appropriate programs, cere- require a strategy and report on economic the table. monies, and activities during National Char- security, science, research, innovation, man- SA 1937. Mr. RUBIO submitted an amend- ter Schools Week to demonstrate support for ufacturing, and job creation, to establish a ment intended to be proposed to amendment public charter schools. critical supply chain resiliency program, and SA 1502 proposed by Mr. SCHUMER to the bill for other purposes; which was ordered to lie S. 1260, supra; which was ordered to lie on on the table. the table. SA 1921. Mr. BARRASSO submitted an SA 1938. Mr. RUBIO submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment amendment SA 1502 proposed by Mr. SCHU- SA 1502 proposed by Mr. SCHUMER to the bill

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.037 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3339 S. 1260, supra; which was ordered to lie on SA 1956. Mr. HAGERTY (for himself and SA 1973. Mr. MARSHALL submitted an the table. Mr. COONS) submitted an amendment in- amendment intended to be proposed to SA 1939. Mr. RUBIO submitted an amend- tended to be proposed to amendment SA 1502 amendment SA 1502 proposed by Mr. SCHU- ment intended to be proposed to amendment proposed by Mr. SCHUMER to the bill S. 1260, MER to the bill S. 1260, supra; which was or- SA 1502 proposed by Mr. SCHUMER to the bill supra; which was ordered to lie on the table. dered to lie on the table. S. 1260, supra; which was ordered to lie on SA 1957. Ms. ERNST (for herself, Mr. f the table. CRAMER, and Mr. SULLIVAN) submitted an SA 1940. Mr. RUBIO submitted an amend- amendment intended to be proposed to TEXT OF AMENDMENTS ment intended to be proposed to amendment amendment SA 1502 proposed by Mr. SCHU- SA 1920. Mr. BOOZMAN submitted an SA 1502 proposed by Mr. SCHUMER to the bill MER to the bill S. 1260, supra; which was or- amendment intended to be proposed to dered to lie on the table. S. 1260, supra; which was ordered to lie on amendment SA 1502 proposed by Mr. the table. SA 1958. Mr. HAGERTY (for himself, Mr. SA 1941. Mr. RUBIO submitted an amend- WARNER, Ms. LUMMIS, Mr. COONS, Mrs. SCHUMER to the bill S. 1260, to establish ment intended to be proposed by him to the BLACKBURN, and Mr. CRAMER) submitted an a new Directorate for Technology and bill S. 1260, supra; which was ordered to lie amendment intended to be proposed to Innovation in the National Science on the table. amendment SA 1502 proposed by Mr. SCHU- Foundation, to establish a regional SA 1942. Mr. HOEVEN submitted an MER to the bill S. 1260, supra; which was or- technology hub program, to require a amendment intended to be proposed to dered to lie on the table. strategy and report on economic secu- amendment SA 1502 proposed by Mr. SCHU- SA 1959. Mr. COTTON submitted an amend- rity, science, research, innovation, ment intended to be proposed to amendment MER to the bill S. 1260, supra; which was or- manufacturing, and job creation, to es- SA 1502 proposed by Mr. SCHUMER to the bill dered to lie on the table. tablish a critical supply chain resil- SA 1943. Mr. WICKER (for himself, Mr. S. 1260, supra; which was ordered to lie on iency program, and for other purposes; CARDIN, and Mr. MENENDEZ) submitted an the table. amendment intended to be proposed to SA 1960. Mr. RUBIO submitted an amend- which was ordered to lie on the table; amendment SA 1502 proposed by Mr. SCHU- ment intended to be proposed to amendment as follows: MER to the bill S. 1260, supra; which was or- SA 1502 proposed by Mr. SCHUMER to the bill In section 2510(a)(1)(A)(ii) of division B, in- dered to lie on the table. S. 1260, supra; which was ordered to lie on sert ‘‘and’’ at the end of subclause (III) and SA 1944. Mr. RUBIO submitted an amend- the table. strike clause (V). ment intended to be proposed to amendment SA 1961. Mr. ROMNEY (for himself and Mr. In section 2510 of division B, redesignate SA 1502 proposed by Mr. SCHUMER to the bill RUBIO) submitted an amendment intended to subsection (d) as subsection (e) and insert S. 1260, supra; which was ordered to lie on be proposed to amendment SA 1502 proposed after subsection (c) the following: the table. by Mr. SCHUMER to the bill S. 1260, supra; (d) EXCLUSIONS.—The provisions of sub- SA 1945. Mr. LANKFORD (for himself, Mr. which was ordered to lie on the table. sections (a) and (b) shall not apply to— SA 1962. Mr. LEE submitted an amendment KING, and Ms. MURKOWSKI) submitted an (1) a covered commodity (as defined in sec- amendment intended to be proposed to intended to be proposed to amendment SA tion 281 of the Agricultural Marketing Act of 1502 proposed by Mr. SCHUMER to the bill S. amendment SA 1502 proposed by Mr. SCHU- 1946 (7 U.S.C. 1638)); 1260 , supra; which was ordered to lie on the MER to the bill S. 1260, supra; which was or- (2) any meat or meat food product (as de- dered to lie on the table. table. fined in section 1 of the Federal Meat Inspec- SA 1963. Mr. COTTON submitted an amend- SA 1946. Mr. GRAHAM submitted an tion Act (21 U.S.C. 601)) inspected pursuant ment intended to be proposed by him to the amendment intended to be proposed to to that Act (21 U.S.C. 601 et seq.); or bill S. 1260, supra; which was ordered to lie amendment SA 1502 proposed by Mr. SCHU- (3) any poultry or poultry product (as those on the table. MER to the bill S. 1260, supra; which was or- terms are defined in section 4 of the Poultry SA 1964. Mr. COTTON submitted an amend- dered to lie on the table. Products Inspection Act (21 U.S.C. 453)) in- ment intended to be proposed to amendment SA 1947. Ms. BALDWIN submitted an spected pursuant to that Act (21 U.S.C. 451 et SA 1502 proposed by Mr. SCHUMER to the bill amendment intended to be proposed to seq.). S. 1260, supra; which was ordered to lie on amendment SA 1502 proposed by Mr. SCHU- --- the table. SA 1921. Mr. BARRASSO submitted MER to the bill S. 1260, supra; which was or- SA 1965. Mr. ROMNEY submitted an an amendment intended to be proposed dered to lie on the table. amendment intended to be proposed to SA 1948. Mr. HAWLEY submitted an to amendment SA 1502 proposed by Mr. amendment SA 1502 proposed by Mr. SCHU- amendment intended to be proposed to SCHUMER to the bill S. 1260, to establish MER to the bill S. 1260, supra; which was or- CHU- a new Directorate for Technology and amendment SA 1502 proposed by Mr. S dered to lie on the table. MER to the bill S. 1260, supra; which was or- SA 1966. Mr. HAGERTY submitted an Innovation in the National Science dered to lie on the table. amendment intended to be proposed to Foundation, to establish a regional SA 1949. Mr. HAWLEY submitted an amendment SA 1502 proposed by Mr. SCHU- technology hub program, to require a amendment intended to be proposed to MER to the bill S. 1260, supra; which was or- strategy and report on economic secu- amendment SA 1502 proposed by Mr. SCHU- dered to lie on the table. rity, science, research, innovation, MER to the bill S. 1260, supra; which was or- SA 1967. Mr. HAGERTY (for himself and manufacturing, and job creation, to es- dered to lie on the table. Mr. WARNER) submitted an amendment in- SA 1950. Mr. HAWLEY submitted an tablish a critical supply chain resil- tended to be proposed to amendment SA 1502 iency program, and for other purposes; amendment intended to be proposed to proposed by Mr. SCHUMER to the bill S. 1260, amendment SA 1502 proposed by Mr. SCHU- supra; which was ordered to lie on the table. which was ordered to lie on the table; MER to the bill S. 1260, supra; which was or- SA 1968. Mr. CORNYN (for himself, Mr. as follows: dered to lie on the table. KELLY, Mr. RUBIO, and Mr. PETERS) sub- At the end of subtitle B of title II of divi- SA 1951. Mr. HAWLEY submitted an mitted an amendment intended to be pro- sion C, add the following: amendment intended to be proposed to posed to amendment SA 1502 proposed by Mr. SEC. 3236. STATEMENT OF POLICY ON MOD- amendment SA 1502 proposed by Mr. SCHU- SCHUMER to the bill S. 1260, supra; which was ERNIZATION OF NUCLEAR TRIAD. MER to the bill S. 1260, supra; which was or- ordered to lie on the table. (a) SENSE OF CONGRESS.—It is the sense of dered to lie on the table. SA 1969. Ms. HASSAN (for herself and Ms. Congress that— SA 1952. Mr. HAWLEY submitted an ERNST) submitted an amendment intended to (1) the modernization of land-based inter- amendment intended to be proposed to be proposed by her to the bill S. 1260, supra; continental ballistic missiles, ballistic mis- amendment SA 1502 proposed by Mr. SCHU- which was ordered to lie on the table. sile submarines, and nuclear-capable heavy MER to the bill S. 1260, supra; which was or- SA 1970. Mr. MANCHIN submitted an bomber aircraft is essential to the success of dered to lie on the table. amendment intended to be proposed to any arms control efforts with the People’s SA 1953. Mr. HAWLEY submitted an amendment SA 1502 proposed by Mr. SCHU- Republic of China; amendment intended to be proposed to MER to the bill S. 1260, supra; which was or- (2) the bipartisan consensus on the mod- amendment SA 1502 proposed by Mr. SCHU- dered to lie on the table. ernization of the nuclear triad was essential MER to the bill S. 1260, supra; which was or- SA 1971. Mr. VAN HOLLEN (for himself to the ratification of the Treaty between the dered to lie on the table. and Ms. MURKOWSKI) submitted an amend- United States of America and the Russian SA 1954. Mr. HAWLEY submitted an ment intended to be proposed by him to the Federation on Measures for the Further Re- amendment intended to be proposed to bill S. 1260, supra; which was ordered to lie duction and Limitation of Strategic Offen- amendment SA 1502 proposed by Mr. SCHU- on the table. sive Arms, signed April 8, 2010, and entered MER to the bill S. 1260, supra; which was or- SA 1972. Mr. CARDIN (for himself, Mr. into force February 5, 2011 (commonly known dered to lie on the table. WICKER, Ms. CANTWELL, and Mr. SCOTT of as the ‘‘New START Treaty’’); SA 1955. Mr. JOHNSON submitted an South Carolina) submitted an amendment (3) continued support for modernization of amendment intended to be proposed to intended to be proposed to amendment SA the triad will be a necessary consideration amendment SA 1502 proposed by Mr. SCHU- 1502 proposed by Mr. SCHUMER to the bill S. during ratification of any future arms con- MER to the bill S. 1260, supra; which was or- 1260, supra; which was ordered to lie on the trol treaty with the People’s Republic of dered to lie on the table. table. China; and

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.003 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3340 CONGRESSIONAL RECORD — SENATE May 24, 2021 (4) the modernization of the United States Committee on Appropriations of the Senate; the covered entity or any parent company of nuclear triad is a critical priority as the and the covered entity, except to the extent re- Russian Federation and the People’s Repub- (2) the Committee on Financial Services, quired under a contractual obligation that is lic of China continue to advance and mod- the Committee on Energy and Commerce, in effect as of the date of enactment of this ernize their nuclear forces. the Committee on Armed Services, the Com- Act; (b) STATEMENT OF POLICY.—It is policy of mittee on Foreign Affairs, and the Com- (II) outsource or offshore jobs to a location the United States— mittee on Appropriations of the House of outside of the United States; (1) to advance United States strategic de- Representatives. (III) pay any officer or employee a salary terrence capabilities both quantitatively and in an amount that is greater than 50 times qualitatively; SA 1923. Ms. CANTWELL submitted the median salary of employees during the (2) to ensure the safety, reliability, and an amendment intended to be proposed period lasting one year after the end of the performance of United States nuclear forces; to amendment SA 1502 proposed by Mr. calendar quarter in which the Federal finan- and SCHUMER to the bill S. 1260, to establish cial assistance is awarded; (3) to fully modernize the United States a new Directorate for Technology and (IV) abrogate existing collective bar- nuclear triad to ensure a credible deterrent. Innovation in the National Science gaining agreements; Foundation, to establish a regional (V) consider any individual performing a SA 1922. Ms. WARREN (for herself technology hub program, to require a service for the covered entity as an inde- and Mr. RUBIO) submitted an amend- strategy and report on economic secu- pendent contractor, unless— ment intended to be proposed to rity, science, research, innovation, (aa) the individual is free from control and amendment SA 1502 proposed by Mr. manufacturing, and job creation, to es- direction in connection with the perform- SCHUMER to the bill S. 1260, to establish ance of the service, both under the contract tablish a critical supply chain resil- for the performance of service and in fact; a new Directorate for Technology and iency program, and for other purposes; Innovation in the National Science (bb) the service is performed outside the which was ordered to lie on the table; usual course of the business of the covered Foundation, to establish a regional as follows: entity; and technology hub program, to require a On page 281, between lines 19 and 20, insert (cc) the individual is customarily engaged strategy and report on economic secu- the following: in an independently established trade, occu- rity, science, research, innovation, ‘‘(5) PUBLIC TRANSPARENCY.— pation, profession, or business of the same manufacturing, and job creation, to es- ‘‘(A) IN GENERAL.—The Secretary shall cre- nature as that involved in the service per- tablish a critical supply chain resil- ate and maintain a fully searchable data- formed; or iency program, and for other purposes; base, accessible via the internet at no cost to (VI) outsource labor for the covered entity which was ordered to lie on the table; the public, that contains the following: to an independent contractor; and ‘‘(i) The name of each entity receiving a (ii) the covered entity will— as follows: strategy development grant or cooperative (I) require any contractor or subcontractor At the end of title III of division E, add the agreement under subsection (e), a strategy for any construction project funded by the following: implementation grant or cooperative agree- Federal financial assistance to enter into a SEC. 5311. REPORT ON FOREIGN INVESTMENT IN ment under subsection (f), or any other funds pre-hire collective bargaining agreement or PHARMACEUTICAL INDUSTRY. under this section. a project labor agreement; and (a) IN GENERAL.—Not later than one year ‘‘(ii) The purpose for which such entity is (II) remain neutral in any union organizing after the date of the enactment of this Act, receiving such grant, cooperative agreement, effort. and annually thereafter, the Federal Trade or funds. (B) FINANCIAL PROTECTION OF GOVERN- Commission, in consultation with the Sec- ‘‘(iii) Each interim or final report sub- MENT.— retary of Commerce, shall submit to the ap- mitted by the entity to the Secretary under (i) IN GENERAL.—The Secretary of Com- propriate congressional committees, the Sec- this section. merce may not award Federal financial as- retary of Health and Human Services, the ‘‘(iv) Such other information as the Sec- sistance to a covered entity under section Committee on Foreign Investment in the retary determines sufficient to allow the 9902 of the William M. (Mac) Thornberry Na- United States, and the Commissioner of public to understand and monitor grants or tional Defense Authorization Act for Fiscal Food and Drugs, a report on foreign invest- cooperative agreements awarded under the Year 2021 (Public Law 116-283) or paragraph ment in the pharmaceutical industry of the program required by subsection (b)(1). (3) of this subsection with amounts appro- United States. ‘‘(B) USE OF FUNDS.—The Secretary may priated under this subsection, unless— (b) ELEMENTS.—The report required by sub- use amounts appropriated pursuant to sub- (I)(aa) the covered entity has issued securi- section (a) shall include an assessment of— section (k) to carry out this paragraph. ties that are traded on a national securities (1) the supply chain of the pharmaceutical exchange; and industry of the United States and the effect SA 1924. Mr. SANDERS submitted an (bb) the Secretary of the Treasury receives of concentration and reliance on foreign amendment intended to be proposed to a warrant or equity interest in the covered manufacturing within that industry; amendment SA 1502 proposed by Mr. entity; or (2) the effect of foreign investment in the SCHUMER to the bill S. 1260, to establish (II) in the case of any covered entity other pharmaceutical industry of the United a new Directorate for Technology and than a covered entity described in subclause States on domestic capacity to produce Innovation in the National Science (I), the Secretary of the Treasury receives, in drugs and active and inactive ingredients of Foundation, to establish a regional the discretion of the Secretary of the Treas- drugs; and technology hub program, to require a ury— (3) the effect of foreign investment in tech- strategy and report on economic secu- (aa) a warrant or equity interest in the nologies or other products for sequencing or rity, science, research, innovation, covered entity; or storage of DNA, including genome and exome (bb) a senior debt instrument issued by the analysis, in the United States, including the manufacturing, and job creation, to es- covered entity. effect of such investment on the capacity to tablish a critical supply chain resil- (ii) TERMS AND CONDITIONS.—The terms and sequence or store DNA in the United States. iency program, and for other purposes; conditions of any warrant, equity interest, (c) AUTHORITY.—The Federal Trade Com- which was ordered to lie on the table; or senior debt instrument received under mission shall have authority under section 6 as follows: clause (i) shall be set by the Secretary of of the Federal Trade Commission Act (15 On page 23, between lines 7 and 8, insert Commerce and shall meet the following re- U.S.C. 46) to conduct the studies required to the following: quirements: prepare the report required by subsection (a). (5) CONDITIONS OF RECEIPT.— (I) PURPOSES.—Such terms and conditions (d) PUBLICATION.—The Federal Trade Com- (A) REQUIRED AGREEMENT.—A covered enti- shall be designed to provide for a reasonable mission shall publish an unclassified sum- ty to which the Secretary of Commerce participation by the Secretary of Commerce, mary of the report required by subsection (a) awards Federal financial assistance under for the benefit of taxpayers, in equity appre- on a publicly available internet website of section 9902 of the William M. (Mac) Thorn- ciation in the case of a warrant or other eq- the Commission. berry National Defense Authorization Act uity interest, or a reasonable interest rate (e) APPROPRIATE CONGRESSIONAL COMMIT- for Fiscal Year 2021 (Public Law 116-283) or premium, in the case of a debt instrument. TEES DEFINED.—In this section, the term paragraph (3) of this subsection with (II) AUTHORITY TO SELL, EXERCISE, OR SUR- ‘‘appropriate congressional committees’’ amounts appropriated under this subsection RENDER.—For the primary benefit of tax- means— shall enter into an agreement that specifies payers, the Secretary of Commerce may sell, (1) the Committee on Banking, Housing, that, during the 5-year period immediately exercise, or surrender a warrant or any sen- and Urban Affairs, the Committee on Health, following the award of the Federal financial ior debt instrument received under this sub- Education, Labor, and Pensions, the Com- assistance— paragraph. The Secretary of Commerce shall mittee on Armed Services, the Committee on (i) the covered entity will not— not exercise voting power with respect to Foreign Relations, the Committee on Com- (I) repurchase an equity security that is any shares of common stock acquired under merce, Science, and Transportation, and the listed on a national securities exchange of this subparagraph.

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(III) SUFFICIENCY.—If the Secretary of ‘‘(11) UNDERPERFORMING STATE.—The term ‘‘(5) REPORTING.—Not later than 6 months Commerce determines that a covered entity ‘underperforming State’ means a State par- after receiving an award or entering into a cannot feasibly issue warrants or other eq- ticipating in the SBIR or STTR program cooperative agreement under this section, a uity interests as required by this subpara- that has been calculated by the Adminis- recipient shall report to the Administrator— graph, the Secretary of Commerce may ac- trator to be one of 26 States receiving the ‘‘(A) the number of awards made under the cept a senior debt instrument in an amount fewest SBIR and STTR first phase awards (as SBIR or STTR program; and on such terms as the Secretary of Com- described in paragraphs (4) and (6), respec- ‘‘(B) the number of applications submitted merce deems appropriate. tively, of section 9(e)).’’; for the SBIR or STTR program; (C) DEFINITIONS.—In this paragraph: (2) in subsection (c)— ‘‘(C) the number of consulting hours spent; (i) COVERED PROJECT LABOR AGREEMENT.— (A) in paragraph (1)— ‘‘(D) the number of training events con- The term ‘‘covered project labor agreement’’ (i) in subparagraph (E)— ducted; and means a project labor agreement that— (I) in clause (iii), by striking ‘‘and’’ at the ‘‘(E) any issues encountered in the man- (I) binds all contractors and subcontrac- end; agement and application of the FAST pro- tors on a construction project through the (II) in clause (iv), by striking the period at gram.’’; inclusion of appropriate specifications in all the end and inserting ‘‘; and’’; and (4) in subsection (f)— relevant solicitation provisions and contract (III) by adding at the end the following: (A) in paragraph (1)— documents; ‘‘(v) to prioritize applicants located in an (i) in the matter preceding subparagraph (II) allows all contractors and subcontrac- underperforming State.’’; (A)— tors to compete for contracts and sub- (B) in paragraph (2)(B)(vi)— (I) by striking ‘‘Small Business Innovation contracts without regard to whether they (i) in subclause (II), by striking ‘‘and’’ at Research Program Reauthorization Act of are otherwise a party to a collective bar- the end; and 2000’’ and inserting ‘‘United States Innova- gaining agreement; (ii) by adding at the end the following: tion and Competition Act’’; and (III) contains guarantees against strikes, ‘‘(IV) located in an underperforming State; (II) by inserting ‘‘and Entrepreneurship’’ lockouts, and other similar job disruptions; and’’; before ‘‘of the Senate’’; (IV) sets forth effective, prompt, and mutu- (C) in paragraph (3), by striking ‘‘Not more (ii) in subparagraph (B), by striking ‘‘and’’ ally binding procedures for resolving labor than one proposal’’ and inserting ‘‘There is at the end; disputes arising during the covered project no limit on the number of proposals that’’; (iii) in subparagraph (C), by striking the labor agreement; and and period at the end and inserting ‘‘; and’’; and (V) provides other mechanisms for labor- (D) by adding at the end the following: (iv) by adding at the end the following: management cooperation on matters of mu- ‘‘(6) ADDITIONAL ASSISTANCE FOR UNDERPER- ‘‘(D) a description of the process used to tual interest and concern, including produc- FORMING STATES.—Upon application by a re- ensure that underperforming States are tivity, quality of work, safety, and health. cipient that is located in an underperforming given priority application status under the (ii) PROJECT LABOR AGREEMENT.—The term State, the Administrator may— FAST program.’’; and ‘‘project labor agreement’’ means a pre-hire ‘‘(A) provide additional assistance to the (B) in paragraph (2)— collective bargaining agreement with one or recipient; and (i) in the paragraph heading, by striking more labor organizations that establishes ‘‘(B) waive the matching requirements ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; the terms and conditions of employment for under subsection (e)(2). (ii) in the matter preceding subparagraph a specific construction project and is de- ‘‘(7) LIMITATION ON AWARDS.—The Adminis- (A), by striking ‘‘annual’’ and inserting ‘‘bi- scribed in section 8(f) of the National Labor trator may only make 1 award or enter into ennial’’; Relations Act (29 U.S.C. 158(f)). 1 cooperative agreement per State in a fiscal (iii) in subparagraph (B), by striking ‘‘and’’ year.’’; at the end; SA 1925. Mr. SANDERS submitted an (3) in subsection (e)— (iv) in subparagraph (C), by striking the amendment intended to be proposed to (A) in paragraph (2)— period at the end and inserting a semicolon; amendment SA 1502 proposed by Mr. (i) to by amending subparagraph (A) to and SCHUMER to the bill S. 1260, to establish read as follows: (v) by adding at the end the following: a new Directorate for Technology and ‘‘(A) IN GENERAL.—The non-Federal share ‘‘(D) the proportion of awards provided to Innovation in the National Science of the cost of an activity (other than a plan- and cooperative agreements entered into Foundation, to establish a regional ning activity) carried out using an award or with underperforming States; and under a cooperative agreement under this ‘‘(E) a list of the States that were deter- technology hub program, to require a mined by the Administrator to be underper- strategy and report on economic secu- section shall be— ‘‘(i) 25 cents for each Federal dollar, in the forming States, and a description of any rity, science, research, innovation, case of a recipient that will serve small busi- changes in the list compared to previously manufacturing, and job creation, to es- ness concerns located in an underperforming submitted reports.’’; and tablish a critical supply chain resil- State, as calculated using the data from the (5) in subsection (g)(2)— iency program, and for other purposes; previous fiscal year; and (A) by striking ‘‘2004’’ and inserting ‘‘2022’’; which was ordered to lie on the table; ‘‘(ii) except as provided in subparagraph and as follows: (B), 75 cents for each Federal dollar, in the (B) by inserting ‘‘and Entrepreneurship’’ before ‘‘of the Senate’’. Beginning on page 499, strike line 20 and case of a recipient that will serve small busi- all that follows through page 501, line 11. ness concerns located in a State that is not described in clause (i) that is receiving SBIR SA 1927. Mr. ROMNEY submitted an amendment intended to be proposed to SA 1926. Mr. RISCH (for himself, Mr. and STTR first phase awards, as described in amendment SA 1502 proposed by Mr. CRAPO, Ms. ROSEN, Mrs. CAPITO, and paragraphs (4) and (6), respectively, of sec- SCHUMER to the bill S. 1260, to establish Ms. CORTEZ MASTO) submitted an tion 9(e).’’; amendment intended to be proposed to (ii) in subparagraph (D), by striking ‘‘, be- a new Directorate for Technology and ginning with fiscal year 2001’’ and inserting amendment SA 1502 proposed by Mr. Innovation in the National Science ‘‘and make publicly available on the website Foundation, to establish a regional SCHUMER to the bill S. 1260, to establish of the Administration, beginning with fiscal technology hub program, to require a a new Directorate for Technology and year 2022’’; and strategy and report on economic secu- Innovation in the National Science (iii) by adding at the end the following: rity, science, research, innovation, Foundation, to establish a regional ‘‘(E) PAYMENT.—The non-Federal share of manufacturing, and job creation, to es- technology hub program, to require a the cost of an activity carried out by a re- tablish a critical supply chain resil- strategy and report on economic secu- cipient may be paid by the recipient over the iency program, and for other purposes; rity, science, research, innovation, course of the period of the award or coopera- which was ordered to lie on the table; manufacturing, and job creation, to es- tive agreement.’’; and (B) by adding at the end the following: as follows: tablish a critical supply chain resil- ‘‘(4) AMOUNT OF AWARD.—In carrying out At the end of subtitle C of title IV of divi- iency program, and for other purposes; the FAST program under this section— sion D, add the following: which was ordered to lie on the table; ‘‘(A) the Administrator shall make and SEC. 4463. REPORT ON DOMESTIC PROCESSING as follows: enter into awards or cooperative agreements; OF RARE EARTHS. At the appropriate place, insert the fol- ‘‘(B) each award or cooperative agreement (a) IN GENERAL.—Not later than 90 days lowing: described in subparagraph (A) shall be for after the date of the enactment of this Act, SEC. ll. FEDERAL AND STATE TECHNOLOGY not more than $500,000, which shall be pro- the Under Secretary of Defense for Acquisi- PARTNERSHIP PROGRAM. vided over 2 fiscal years; and tion and Sustainment shall submit to the ap- Section 34 of the Small Business Act (15 ‘‘(C) any amounts left unused in the third propriate committees of Congress a report on U.S.C. 657d) is amended— quarter of the second fiscal year may be re- the authority and funding required to create (1) in subsection (a), by adding at the end tained by the Administrator for future FAST long-term contracts for domestic processing the following: program awards. of heavy rare earths sufficient to achieve

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.007 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3342 CONGRESSIONAL RECORD — SENATE May 24, 2021 supply chain independence for the United iency program, and for other purposes; within the possession or control of a United States Armed Forces and key allies and part- which was ordered to lie on the table; States person. ners of the United States. as follows: (2) INELIGIBILITY FOR VISAS, ADMISSION, OR (b) ELEMENTS.—The report required by sub- PAROLE.— section (a) shall include the following: In subtitle A of title II of division C, insert (A) VISAS, ADMISSION, OR PAROLE.—In the (1) An estimate of the annual demand for after section 3217 the following: case of a person that is an alien, the alien processed heavy rare earths for the United SEC. 3218. REPORT AND SANCTIONS WITH RE- is— States Armed Forces and key allies and part- SPECT TO EFFORTS BY GOVERN- (i) inadmissible to the United States; ners of the United States. MENT OF THE PEOPLE’S REPUBLIC (ii) ineligible to receive a visa or other doc- OF CHINA TO CENSOR INFORMA- umentation to enter the United States; and (2) An outline of the necessary processed TION REGARDING THE PANDEMIC heavy rare earths value chain required to CAUSED BY SARS–COV–2. (iii) otherwise ineligible to be admitted or paroled into the United States or to receive support the needs of the Department of De- (a) REPORT REQUIRED.— any other benefit under the Immigration and fense. (1) IN GENERAL.—Not later than 180 days (3) An assessment of gaps in the outline de- after the date of the enactment of this Act, Nationality Act (8 U.S.C. 1101 et seq.). scribed in paragraph (2) indicating where suf- the Director of National Intelligence, in co- (B) CURRENT VISAS REVOKED.— (i) IN GENERAL.—An alien described in sub- ficient domestic capacity already exists and ordination with the Secretary of State, the paragraph (A) is subject to revocation of any where such capacity does not exist. Secretary of Health and Human Services, visa or other entry documentation regardless (4) An identification of any Federal funds, and the heads of such other Federal agencies of when the visa or other entry documenta- including any funds made available under as the Director considers appropriate, shall tion is or was issued. title III of the Defense Production Act of 1950 submit to the appropriate committees of (ii) IMMEDIATE EFFECT.—A revocation (50 U.S.C. 4531 et seq.), currently being de- Congress a report on actions taken by the under clause (i) shall— ployed to support creation of domestic ca- Government of the People’s Republic of (I) take effect immediately; and pacity to address those gaps. China to censor information regarding the (II) automatically cancel any other valid (5) An estimate of the additional capital pandemic caused by the SARS–CoV–2 virus. visa or entry documentation that is in the investment required to build and operate ca- (2) CONTENTS.—The report required by alien’s possession. pacity to address those gaps. paragraph (1) shall include the following: (6) An estimate of the annual funding nec- (d) IMPLEMENTATION; PENALTIES.— (A) A review of the response, including any (1) IMPLEMENTATION.—The President may essary for the Department of Defense to pro- arbitrary detentions, forced disappearances, cure domestically processed heavy rare exercise all authorities provided under sec- other retaliation, or suppression of freedom tions 203 and 205 of the International Emer- earths sufficient to meet its annual needs, of expression, of the Government of the Peo- including consideration of increased invest- gency Economic Powers Act (50 U.S.C. 1702 ple’s Republic of China to individuals who and 1704) to carry out this section. ments from private sector capital. provided or attempted to provide accurate (7) An estimate of the cost difference be- (2) PENALTIES.—A person that violates, at- epidemiological information related to tempts to violate, conspires to violate, or tween the Department of Defense sourcing SARS–CoV–2 or warn of the potential seri- rare earths processed in the United States causes a violation of subsection (c)(1) or any ousness or impact of SARS–CoV–2, including regulation, license, or order issued to carry and sourcing rare earths on the open market. Li Wenliang and other doctors, journalists, (8) An identification of how the Depart- out that subsection shall be subject to the other citizens of the People’s Republic of penalties set forth in subsections (b) and (c) ment of Defense would direct its weapon sup- China, and other relevant persons. pliers to use the domestically processed of section 206 of the International Emer- (B) An identification of keywords banned gency Economic Powers Act (50 U.S.C. 1705) heavy rare earths. by the internet firewall system of the Gov- (9) An assessment of what changes, if any, to the same extent as a person that commits ernment of the People’s Republic of China an unlawful act described in subsection (a) of to authorities under title III of the Defense (known as the ‘‘Great Firewall’’) during the Production Act of 1950 are necessary to enter that section. quarantine in Wuhan or thereafter relevant (e) NATIONAL INTEREST WAIVER.—The into a long-term offtake agreement to con- to the pandemic caused by SARS–CoV–2. President may waive the imposition of sanc- tract for domestically processed rare earths. (C) Any other elements that the Secretary tions under subsection (c) with respect to a (10) An assessment of the length of poten- considers relevant. person if the President— tial contracts necessary for preventing the (3) FORM.—The report required by para- (1) determines that such a waiver is in the collapse of domestic processing of rare graph (1) shall be submitted in unclassified national interests of the United States; and earths in the case of price fluctuations from form but may include a classified annex. (2) submits to the appropriate committees increases in the People’s Republic of China’s (4) PUBLIC AVAILABILITY.—The Director of Congress a notification of the waiver and export quota. shall make available to the public the un- the reasons for the waiver. (11) Recommendations for international classified portion of the report submitted (f) EXCEPTIONS.— cooperation with allies to jointly reduce de- under paragraph (1). (1) INTELLIGENCE ACTIVITIES.—This section pendence on rare earths processed in the (b) LIST OF GOVERNMENT OFFICIALS.—Not shall not apply with respect to activities People’s Republic of China. later than 180 days after the date of the en- subject to the reporting requirements under (c) FORM OF REPORT.—The report required actment of this Act, the Secretary of State, title V of the National Security Act of 1947 by subsection (a) shall be submitted in clas- in consultation with the Director of National (50 U.S.C. 3091 et seq.) or any authorized in- sified form but shall include an unclassified Intelligence, the Secretary of the Treasury, telligence activities of the United States. summary. the Secretary of Health and Human Services, (2) LAW ENFORCEMENT ACTIVITIES.—Sanc- (d) APPROPRIATE COMMITTEES OF CONGRESS and the heads of such other Federal agencies tions under this section shall not apply with DEFINED.—In this section, the term ‘‘appro- as the Secretary of State considers appro- respect to any authorized law enforcement priate committees of Congress’’ means— priate, shall submit to the appropriate com- activities of the United States. (1) the Committee on Energy and Natural mittees of Congress a list identifying offi- (3) EXCEPTION TO COMPLY WITH INTER- Resources, the Committee on Armed Serv- cials of the Government of the People’s Re- NATIONAL AGREEMENTS.—Subsection (c)(2)(B) ices, the Committee on Foreign Relations, public of China responsible for any of the fol- shall not apply with respect to the admission and the Committee on Banking, Housing, lowing actions with respect to individuals of an alien to the United States if such ad- and Urban Affairs of the Senate; and who provided or attempted to provide accu- mission is necessary to comply with the obli- (2) the Committee on Natural Resources, rate epidemiological information related to gations of the United States under the the Committee on Armed Services, the Com- SARS–CoV–2 or warn of the potential seri- Agreement regarding the Headquarters of mittee on Foreign Affairs, and the Com- ousness or impact of SARS–CoV–2: the United Nations, signed at Lake Success mittee on Financial Services of the House of (1) Arbitrary detention. June 26, 1947, and entered into force Novem- Representatives. (2) Forced disappearance. ber 21, 1947, between the United Nations and --- Mr. ROMNEY (for himself (3) Other retaliation. the United States, under the Convention on SA 1928. (4) Suppression of freedom of expression. Consular Relations, done at Vienna April 24, UBIO and Mr. R ) submitted an amend- (c) IMPOSITION OF SANCTIONS.—The Presi- 1963, and entered into force March 19, 1967, or ment intended to be proposed to dent shall impose the following sanctions under other international agreements. amendment SA 1502 proposed by Mr. with respect to each person on the list re- (4) EXCEPTION RELATING TO IMPORTATION OF SCHUMER to the bill S. 1260, to establish quired by subsection (b): GOODS.— a new Directorate for Technology and (1) BLOCKING OF PROPERTY.—The exercise of (A) IN GENERAL.—The authority or a re- Innovation in the National Science all powers granted to the President by the quirement to impose sanctions under this Foundation, to establish a regional International Emergency Economic Powers section shall not include the authority or a technology hub program, to require a Act (50 U.S.C. 1701 et seq.) to the extent nec- requirement to impose sanctions on the im- essary to block and prohibit all transactions portation of goods. strategy and report on economic secu- in all property and interests in property of (B) GOOD DEFINED.—In this paragraph, the rity, science, research, innovation, the person if such property and interests in term ‘‘good’’ means any article, natural or manufacturing, and job creation, to es- property are in the United States, come manmade substance, material, supply, or tablish a critical supply chain resil- within the United States, or are or come manufactured product, including inspection

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and test equipment, and excluding technical (d) NO COMPENSATION.—A member of the (A) analyze the Federal regulations identi- data. Task Force may not receive any compensa- fied in accordance with subsection (e); and (g) DEFINITIONS.—In this section: tion for serving on the Task Force. (B) provide recommendations for modifica- (1) ADMISSION; ADMITTED; ALIEN.—The (e) EVALUATION OF REGULATIONS.—The tions, consolidation, harmonization, and re- terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ Task Force shall evaluate, and provide rec- peal of the regulations described in subpara- have the meanings given those terms in sec- ommendations for modification, consolida- graph (A) of this paragraph. tion 101 of the Immigration and Nationality tion, harmonization, or repeal of, Federal (j) SPECIAL MESSAGE TO CONGRESS.— Act (8 U.S.C. 1101). regulations that— (1) DEFINITION.—In this subsection, the (2) APPROPRIATE COMMITTEES OF CON- (1) exclude or otherwise inhibit competi- term ‘‘covered resolution’’ means a joint res- GRESS.—The term ‘‘appropriate committees tion, causing industries of the United States olution— of Congress’’ means— to be less competitive with global competi- (A) the matter after the resolving clause of (A) the Committee on Foreign Relations, tors; which contains only— the Committee on Banking, Housing, and (2) create barriers to entry for United (i) a list of some or all of the regulations Urban Affairs, and the Select Committee on States businesses, including entrepreneurs that were recommended for repeal in a spe- Intelligence of the Senate; and and startups; cial message submitted to Congress under (B) the Committee on Foreign Affairs, the (3) increase the operating costs for domes- paragraph (2); and Committee on Financial Services, and the tic manufacturing; (ii) a provision that immediately repeals Permanent Select Committee on Intelligence (4) impose substantial compliance costs the listed regulations upon enactment of the of the House of Representatives. and other burdens on industries of the joint resolution; and (3) UNITED STATES PERSON.—The term United States, making those industries less ‘‘United States person’’ means— competitive with global competitors; (B) upon which Congress completes action (A) a United States citizen or an alien law- (5) impose burdensome and lengthy permit- before the end of the first period of 60 cal- fully admitted to the United States for per- ting processes and requirements; endar days after the date on which the spe- manent residence; or (6) impact energy production by United cial message described in subparagraph (A)(i) (B) an entity organized under the laws of States businesses and make the United of this paragraph is received by Congress. the United States or any jurisdiction within States dependent on foreign countries for en- (2) SUBMISSION.— the United States. ergy supply; (A) IN GENERAL.—Not later than the first --- (7) restrict domestic mining, including the day on which both Houses of Congress are in SA 1929. Mr. LEE submitted an mining of critical minerals; or session after May 1 of each year, the Direc- amendment intended to be proposed to (8) inhibit capital formation in the econ- tor of the Office of Management and Budget shall submit to Congress, on behalf of the amendment SA 1502 proposed by Mr. omy of the United States. (f) WEBSITE.—The Task Force shall estab- Task Force, a special message that— SCHUMER to the bill S. 1260, to establish (i) details each regulation that the Task a new Directorate for Technology and lish and maintain a user-friendly, public-fac- ing website to be— Force recommends for repeal; and Innovation in the National Science (1) a portal for the submission of written (ii) explains why each regulation should be Foundation, to establish a regional comments under subsection (h); and repealed. technology hub program, to require a (2) a gateway for reports and key informa- (B) DELIVERY TO HOUSE AND SENATE; PRINT- strategy and report on economic secu- tion. ING.—Each special message submitted under rity, science, research, innovation, (g) DUTY OF FEDERAL AGENCIES.—Upon re- subparagraph (A) shall be— manufacturing, and job creation, to es- quest of the Task Force, a Federal agency (i) delivered to the Clerk of the House of shall provide applicable documents and in- Representatives and the Secretary of the tablish a critical supply chain resil- Senate; and iency program, and for other purposes; formation to help the Task Force carry out its functions under this section. (ii) printed in the Congressional Record. which was ordered to lie on the table; (h) WRITTEN RECOMMENDATIONS.— (3) PROCEDURE IN HOUSE AND SENATE.— as follows: (1) IN GENERAL.— Not later than 15 days (A) REFERRAL.—A covered resolution shall At the appropriate place, insert the fol- after the first meeting of the Task Force, the be referred to the appropriate committee of lowing: Task Force shall initiate a process to solicit the House of Representatives or the Senate, SEC. llll. REGULATORY OVERSIGHT AND RE- and collect written recommendations regard- as the case may be. VIEW TASK FORCE. ing regulations described in subsection (e) (B) DISCHARGE OF COMMITTEE.—If the com- (a) ESTABLISHMENT.—There is established a from the general public, interested parties, mittee to which a covered resolution has task force to be known as the ‘‘Regulatory Federal agencies, and other relevant enti- been referred has not reported the resolution Oversight and Review Task Force’’ (referred ties. at the end of 25 calendar days after the intro- to in this section as the ‘‘Task Force’’). (2) MANNER OF SUBMISSION.—The Task duction of the resolution— (b) MEMBERSHIP.— Force shall allow written recommendations (i) the committee shall be discharged from (1) IN GENERAL.—The Task Force shall be under paragraph (1) to be submitted further consideration of the resolution; and composed of— through— (ii) the resolution shall be placed on the (A) the Director of the Office of Manage- (A) the website of the Task Force; appropriate calendar. ment and Budget, who shall serve as the (B) regulations.gov; (4) FLOOR CONSIDERATION IN THE HOUSE.— Chairperson of the Task Force; (C) the mail; or (A) MOTION TO PROCEED.— (B) 1 representative of the Office of Infor- (D) other appropriate written means. (i) IN GENERAL.—When the committee of mation and Regulatory Affairs; and (3) PUBLICATION.—The Task Force shall the House of Representatives has reported, (C) 10 individuals from the private sector, publish each recommendation submitted or has been discharged from further consid- who shall be appointed by the President. under paragraph (1)— eration of, a covered resolution, it shall at (2) QUALIFICATIONS OF PRIVATE SECTOR MEM- (A) in the Federal Register; any time thereafter be in order (even though BERS.— (B) on the website of the Task Force; and a previous motion to the same effect has (A) EXPERTISE.—Each member of the Task (C) on regulations.gov. been disagreed to) to move to proceed to the Force appointed under paragraph (1)(C) shall (4) PUBLIC OUTREACH.—In addition to solic- consideration of the resolution. be an individual with expertise in a key tech- iting and collecting written recommenda- (ii) PRIVILEGE.—A motion described in nology focus area, as defined in section 2002. tions under paragraph (1), the Task Force clause (i) shall be highly privileged and not (B) SMALL BUSINESS CONCERNS.—Not fewer shall conduct public outreach and convene debatable. than 5 of the members of the Task Force ap- focus groups throughout the United States (iii) NO AMENDMENT OR MOTION TO RECON- pointed under paragraph (1)(C) shall be rep- to solicit feedback and public comments re- SIDER.—An amendment to a motion de- resentatives of a small business concern, as garding regulations described in subsection scribed in clause (i) shall not be in order, nor defined in section 3 of the Small Business (e). shall it be in order to move to reconsider the Act (15 U.S.C. 632). (5) REVIEW AND CONSIDERATION.—The Task vote by which the motion is agreed to or dis- (C) POLITICAL AFFILIATION.—Not more than Force shall review the information received agreed to. 5 of the members of the Task Force ap- under paragraphs (1) and (4) and consider in- (B) DEBATE.— pointed under paragraph (1)(C) may be affili- cluding that information in the reports and (i) IN GENERAL.—Debate in the House of ated with the same political party. special message required under subsections Representatives on a covered resolution (3) APPOINTMENT.—Not later than 30 days (i) and (j), respectively. shall be limited to not more than 2 hours, after the date of enactment of this Act, the (i) REPORTS.— which shall be divided equally between those President shall appoint each member of the (1) IN GENERAL.—The Task Force shall sub- favoring and those opposing the resolution. Task Force under paragraph (1)(C). mit quarterly and annual reports to Con- (ii) NO MOTION TO RECONSIDER.—It shall not (c) CONSULTATION WITH GAO.—In carrying gress on the findings of the Task Force under be in order in the House of Representatives out its functions under this section, the this section. to move to reconsider the vote by which a Task Force shall consult with the Govern- (2) CONTENTS.—Each report submitted covered resolution is agreed to or disagreed ment Accountability Office. under paragraph (1) shall— to.

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(C) NO MOTION TO POSTPONE CONSIDERATION that House) at any time, in the same man- (B) nuclear fuel services; OR PROCEED TO CONSIDERATION OF OTHER BUSI- ner, and to the same extent as in the case of (C) nuclear energy financing; NESS.—In the House of Representatives, mo- any other rule of that House. (D) nuclear plant operations; tions to postpone, made with respect to the --- (E) nuclear plant regulation; consideration of a covered resolution, and SA 1930. Mr. MANCHIN (for himself (F) nuclear medicine; motions to proceed to the consideration of and Mr. CRAMER) submitted an amend- (G) infrastructure support for nuclear en- other business, shall not be in order. ment intended to be proposed to ergy; and (D) APPEALS FROM DECISIONS OF CHAIR.—An amendment SA 1502 proposed by Mr. (H) nuclear plant decommissioning. appeal from the decision of the Chair relat- (9) US NUCLEAR ENERGY COMPANY.—The SCHUMER to the bill S. 1260, to establish ing to the application of the Rules of the term ‘‘US nuclear energy company’’ means a House of Representatives to the procedure a new Directorate for Technology and nuclear energy company organized under the relating to a covered resolution shall be de- Innovation in the National Science laws of, or otherwise subject to the jurisdic- cided without debate. Foundation, to establish a regional tion of, the United States. (5) FLOOR CONSIDERATION IN THE SENATE.— technology hub program, to require a SEC. 6402. CIVIL NUCLEAR COORDINATION AND (A) MOTION TO PROCEED.— strategy and report on economic secu- STRATEGY. (i) IN GENERAL.—Notwithstanding Rule rity, science, research, innovation, (a) OFFICE OF THE SPECIAL ASSISTANT TO XXII of the Standing Rules of the Senate, manufacturing, and job creation, to es- THE PRESIDENT AND DIRECTOR FOR NUCLEAR when the committee of the Senate to which ENERGY POLICY.— a covered resolution is referred has reported, tablish a critical supply chain resil- (1) ESTABLISHMENT.—There is established or has been discharged from further consid- iency program, and for other purposes; in the Executive Office of the President an eration of, a covered resolution, it shall at which was ordered to lie on the table; office, to be known as the ‘‘Office of the Spe- any time thereafter be in order (even though as follows: cial Assistant to the President and Director a previous motion to the same effect has At the end of division F, add the following: for Nuclear Energy Policy’’ (referred to in this subsection as the ‘‘Office’’). been disagreed to) to move to proceed to the TITLE IV—INTERNATIONAL NUCLEAR (2) MISSION.—The Office shall act as the consideration of the resolution and all points ENERGY of order against the covered resolution are single coordinating office for— waived. SEC. 6401. DEFINITIONS. (A) civil nuclear cooperation; and In this title: (ii) DIVISION OF TIME.—A motion to proceed (B) civil nuclear export strategy. described in clause (i) is subject to 4 hours of (1) ADVANCED NUCLEAR REACTOR.—The term (3) LEADERSHIP.— debate divided equally between those favor- ‘‘advanced nuclear reactor’’ has the meaning (A) SPECIAL ASSISTANT.— ing and those opposing the covered resolu- given the term in section 951(b) of the En- (i) IN GENERAL.—The Office shall be headed tion. ergy Policy Act of 2005 (42 U.S.C. 16271(b)). by the Special Assistant to the President (iii) NO AMENDMENT OR MOTION TO POSTPONE (2) ALLY OR PARTNER NATION.—The term and Director for Nuclear Energy Policy, who OR PROCEED TO OTHER BUSINESS.—A motion to ‘‘ally or partner nation’’ means the Govern- shall be appointed by the President. proceed described in clause (i) is not subject ment of each of the following: (ii) REPORTING.—The Special Assistant to— (A) A country that is a member of the shall report directly to the President. (I) amendment; North Atlantic Treaty Organization. (iii) DUTIES.—The Special Assistant shall— (II) a motion to postpone; or (B) Japan. (I) coordinate civil nuclear exports from (III) a motion to proceed to the consider- (C) The Republic of Korea. the United States; ation of other business. (D) Australia. (II) develop a cohesive Federal strategy for (B) FLOOR CONSIDERATION.— (E) Switzerland. engagement with foreign governments (in- (i) GENERAL.—In the Senate, a covered res- (F) Sweden. cluding ally or partner nations and new- olution shall be subject to 10 hours of debate (G) Finland. comer nuclear nations), associated entities, divided equally between those favoring and (H) Any other country designated as an associated individuals, and international those opposing the covered resolution. ally or partner nation by the Secretary of lending institutions with respect to civil nu- (ii) AMENDMENTS.—In the Senate, no State for purposes of this title. clear exports; and amendment to a covered resolution shall be (3) ASSOCIATED ENTITY.—The term ‘‘associ- (III) develop— in order, except an amendment that strikes ated entity’’ means an entity that— (aa) a whole-of-government coordinating from or adds to the list required under para- (A) is owned, controlled, or dominated by— strategy for civil nuclear cooperation; graph (1)(A)(i) a regulation recommended for (i) an ally or partner nation; or (bb) a whole-of-government strategy for repeal by the Task Force. (ii) an associated individual; or civil nuclear exports; and (iii) MOTIONS AND APPEALS.—In the Senate, (B) is organized under the laws of, or other- (cc) a whole-of-government approach to a motion to reconsider a vote on final pas- wise subject to the jurisdiction of, a country support foreign investment in domestic con- sage of a covered resolution shall not be in described in any of subparagraphs (A) struction projects. order, and points of order, including ques- through (H) of paragraph (2), including a cor- (B) DEPUTY SPECIAL ASSISTANT.—The Spe- tions of relevancy, and appeals from the de- poration that is incorporated in a country cial Assistant shall appoint a Deputy Special cision of the Presiding Officer, shall be de- described in any of those subparagraphs. Assistant with experience in advising on cided without debate. (4) ASSOCIATED INDIVIDUAL.—The term ‘‘as- civil nuclear project development and fi- (6) RECEIPT OF RESOLUTION FROM OTHER sociated individual’’ means an alien who is a nancing. HOUSE.—If, before passing a covered resolu- national of a country described in any of (4) STAFF.— tion, one House receives from the other a subparagraphs (A) through (H) of paragraph (A) SENIOR ADVISORS.— covered resolution— (2). (i) IN GENERAL.—The Special Assistant (A) the covered resolution of the other (5) NEWCOMER NUCLEAR NATION.—The term shall select a staff of not fewer than 4, and House shall not be referred to a committee ‘‘newcomer nuclear nation’’ means a country not more than 6, Senior Advisors to assist in and shall be deemed to have been discharged that— the mission of the Office. from committee on the day on which it is re- (A) does not have a civil nuclear program; (ii) REQUIREMENT.—The Senior Advisors se- ceived; and (B) is in the process of developing a civil lected under clause (i) shall be composed of (B) the procedures set forth in paragraph nuclear program, including safeguards and a individuals with diverse industry and gov- (4) or (5), as applicable, shall apply in the re- legal and regulatory framework, for— ernment backgrounds, including individuals ceiving House to the covered resolution re- (i) nuclear safety; with backgrounds in— ceived from the other House to the same ex- (ii) nuclear security; (I) project financing; tent as those procedures apply to a covered (iii) radioactive waste management; and (II) construction development; resolution of the receiving House. (iv) nuclear energy; or (III) contract structuring and risk alloca- (7) RULES OF THE HOUSE OF REPRESENTA- (C) is in the process of selecting, devel- tion; TIVES AND THE SENATE.—Paragraphs (3) oping, constructing, or utilizing advanced (IV) regulatory and licensing processes; through (7) are enacted by Congress— nuclear reactors or advanced nuclear tech- (V) civil nuclear electric and nonelectric (A) as an exercise of the rulemaking power nologies. applications of nuclear technologies; and of the House of Representatives and the Sen- (6) SECRETARY.—The term ‘‘Secretary’’ (VI) government-to-government negotia- ate, respectively, and as such are deemed a means the Secretary of Energy. tions. part of the rules of each House, respectively, (7) SPECIAL ASSISTANT.—The term ‘‘Special (B) OTHER STAFF.—The Special Assistant but applicable only with respect to the pro- Assistant’’ means the Special Assistant to may hire such other additional personnel as cedures to be followed in the House in the the President and Director for Nuclear En- may be necessary to carry out the mission of case of covered resolutions, and supersede ergy Policy described in section 6402(a)(3)(A). the Office. other rules only to the extent that they are (8) TEAM USA.—The term ‘‘Team USA’’ (b) NUCLEAR EXPORTS WORKING GROUP.— inconsistent with such other rules; and means the interagency initiative to identify (1) ESTABLISHMENT.—There is established a (B) with full recognition of the constitu- opportunities in emerging economies or new- working group, to be known as the ‘‘Nuclear tional right of either House to change the comer nuclear nations for topics such as— Exports Working Group’’ (referred to in this rules (so far as relating to the procedure of (A) nuclear plant construction; subsection as the ‘‘working group’’).

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(2) COMPOSITION.—The working group shall and training to foreign governments in nu- that paragraph by the following categories of be composed of— clear safety, security, and safeguards; specific authorizations: (A) senior-level Federal officials, selected (2) assist the efforts of the International (i) Deemed exports. internally by the applicable Federal agency Atomic Energy Agency to expand the sup- (ii) Enrichment and reprocessing transfers or organization, from— port provided by the International Atomic (also referred to as ‘‘ENR’’). (i) the Department of State; Energy Agency to newcomer nuclear nations (iii) All other exports. (ii) the Department of Commerce; for nuclear safety, security, and safeguards; (B) DATES.—The report under paragraph (1) (iii) the Department of Energy; (3) expand outreach by the Special Assist- shall include, with respect to each applica- (iv) the Department of the Treasury; ant to the private investment community to tion covered by the report, the amount of (v) the Export-Import Bank of the United create public-private financing relationships time taken for each step in the processing of States; to assist in the export of civil nuclear tech- the application. (vi) the United States International Devel- nology to countries in the coalition de- (C) ANALYSIS OF OTHER COUNTRIES.—The re- opment Finance Corporation; and scribed in subsection (b); port under paragraph (1) shall provide an (vii) the Nuclear Regulatory Commission; (4) seek to harmonize, to the maximum ex- analysis of the application-processing times (B) other senior-level Federal officials, se- tent practicable, the work carried out by the of other countries with respect to the same lected internally by the applicable Federal Nuclear Regulatory Commission, the work or similar categories of authorizations de- agency or organization, from any other Fed- carried out by the International Atomic En- scribed in subparagraph (A), including the eral agency or organization that the Sec- ergy Agency, and the work carried out by processing times of— retary determines to be appropriate; and the nuclear regulatory agencies and organi- (i) the Governments of— (C) any senior-level Federal official se- zations of newcomer nuclear nations and ally (I) Russia; lected by the Special Assistant from any or partner nations; and (II) China; and Federal agency or organization. (5) support the establishment of new regu- (III) India; and (3) REPORTING.—The working group shall latory measures and a new regulatory frame- (ii) each ally or partner nation. report to the Special Assistant. work for the expeditious exporting and im- (D) PROCESSING.—The report under sub- (4) DUTIES.—The working group shall— porting of civil nuclear technologies and ma- paragraph (A) shall provide details with re- (A) provide direction and advice to the terials. spect to how the Department of Energy is handling the processing of applications for a Special Assistant; and SEC. 6404. COOPERATIVE FINANCING RELATION- (B) submit to the Civil Nuclear Trade Advi- SHIPS WITH ALLY OR PARTNER NA- specific authorization submitted to the Sec- sory Committee and the Nuclear Energy Ad- TIONS. retary under section 810.9 of title 10, Code of visory Committee of the Department of En- The Secretary of State and the Secretary Federal Regulations (or successor regula- ergy quarterly reports on the standing of of Commerce, in coordination with the Spe- tions), in light of the August 13, 2018, amend- civil nuclear exports from the United States, cial Assistant, shall develop cooperative fi- ment to section 161 n. of the Atomic Energy including with respect to meeting the tar- nancing relationships with ally or partner Act of 1954 (42 U.S.C. 2201(n)) made by section gets established as part of the 5-year civil nations or newcomer nuclear nations to ad- 3116(a) of the John S. McCain National De- nuclear trade strategy described in para- vance civil nuclear exports. fense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2291), including graph (5)(A). SEC. 6405. EXPORT CONTROLS. whether any changes in the delegation of (5) STRATEGY.— (a) FAST-TRACK PROCEDURES.— (A) IN GENERAL.—Not later than 1 year functions by the Secretary have been formal- (1) IN GENERAL.—Not later than 120 days ized within the Department of Energy. after the date of enactment of this Act, the after the date of enactment of this Act, the SEC. 6406. COOPERATION WITH ALLY OR PART- working group shall establish a 5-year civil Secretary shall promulgate a regulation re- nuclear trade strategy, including targets for NER NATIONS ON ADVANCED NU- vising part 810 of title 10, Code of Federal CLEAR REACTOR DEMONSTRATION the export of civil nuclear technologies and Regulations, to establish fast-track proce- AND THE VERSATILE TEST REAC- materials that align with meeting inter- dures, which may be similar to existing fast- TOR. national energy demand while seeking to track procedures in existing Federal export- (a) IN GENERAL.—Not later than 1 year avoid or reduce emissions. control regulations— after the date of enactment of this Act, the (B) COLLABORATION REQUIRED.—In estab- (A) for deemed exports to— Secretary, in coordination with the Sec- lishing the strategy under subparagraph (A), (i) a list of countries defined by the Sec- retary of State, the Secretary of Commerce, the working group shall collaborate with— retary; or and the Special Assistant, shall conduct bi- (i) the Secretary; (ii) destinations based on country criteria lateral and multilateral meetings with not (ii) the Secretary of Commerce; defined by the Secretary; fewer than 5 ally or partner nations, with the (iii) the Secretary of State; (B) for widely deployed technologies avail- aim of enhancing nuclear energy cooperation (iv) the Secretary of the Treasury; able from multiple suppliers, such as light among those ally or partner nations and the (v) the Nuclear Regulatory Commission; water reactor technology; or United States, for the purpose of developing (vi) the President of the Export-Import (C) to provide subsequent specific author- collaborative relationships with respect to Bank of the United States; izations for a subset of the activities de- research, development, and deployment of (vii) representatives of the Infrastructure scribed in section 810.2 of that title with re- advanced nuclear reactor technologies. Development and Finance Corporation; spect to a country after the first specific au- (b) REQUIREMENT.—The meetings described in subsection (a) shall include— (viii) representatives of private industry; thorization with respect to that country is (1) a focus on cooperation to demonstrate and approved by the Secretary. and deploy advanced nuclear reactors during (ix) representatives of ally or partner na- (2) SUBSEQUENT AUTHORIZATIONS.—Fast- the 10-year period beginning on the date of tions and newcomer nuclear nations. track procedures to provide subsequent spe- enactment of this Act to provide options for SEC. 6403. ENGAGEMENT WITH ALLY OR PART- cific authorizations as described in para- addressing climate change by 2050; and NER NATIONS. graph (1)(C) may be for— (2) a focus on developing a memorandum of (a) IN GENERAL.—The Nuclear Regulatory (A) types of activities that are commensu- understanding or any other appropriate Commission, in coordination with the Sec- rate with the types of activities covered by agreement between the United States and retary of State, Team USA, and the Special the applicable first specific authorization de- ally or partner nations with respect to— Assistant, shall launch an international ini- scribed in that paragraph; or (A) the demonstration and deployment of tiative to modernize the civil nuclear out- (B) a broader set of activities than the ac- advanced nuclear reactors; and reach carried out by the United States for tivities covered by the applicable first spe- (B) the Versatile Test Reactor. the purpose of establishing cooperative fi- cific authorization. (c) FINANCING ARRANGEMENTS.—In con- nancing relationships for the export of civil (b) REPORT.— ducting the meetings described in subsection nuclear technology to countries in the coali- (1) IN GENERAL.—Not later than 120 days (a), the Secretary, in coordination with the tion described in subsection (b). after the date of enactment of this Act, the Secretary of State, the Secretary of Com- (b) COALITION DESCRIBED.—The coalition Secretary shall submit to Congress a report merce, and the Special Assistant, shall seek referred to in subsection (a) is a coalition of on— to develop financing arrangements to share countries that— (A) the processing times for applications the costs of the demonstration and deploy- (1) is developed for purposes of carrying for specific authorization submitted to the ment of advanced nuclear reactors and the out the initiative described in subsection (a); Secretary for activities described in section Versatile Test Reactor with the ally or part- and 810.7 of title 10, Code of Federal Regulations, ner nations participating in those meetings. (2) includes each ally or partner nation for the 2-year period ending on that date of (d) REPORT.—Not later than 180 days after that is willing to participate in the coali- enactment; and the date of enactment of this Act, the Sec- tion. (B) the average time taken for each step in retary, the Secretary of State, and the Sec- (c) ACTIVITIES.—In carrying out the initia- the processing of those applications. retary of Commerce shall jointly submit to tive described in subsection (a), the Nuclear (2) REQUIREMENTS.— Congress a report highlighting potential Regulatory Commission shall— (A) AUTHORIZATION CATEGORIES.—The re- partners— (1) provide funding to the International port under paragraph (1) shall contain a (1) for the establishment of cost-share ar- Atomic Energy Agency to provide education breakdown of the information described in rangements described in subsection (c); or

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(2) with which the United States may enter (3) LIMITATIONS.— (1) the safe and secure use, storage, and into agreements with respect to— (A) IN GENERAL.—The Special Assistant transport of nuclear and radiological mate- (A) the demonstration of advanced nuclear may award not more than 5 grants under the rials; reactors; or initiative to a single country, including each (2) managing the evolving cyber threat to (B) the Versatile Test Reactor. newcomer nuclear nation. nuclear and radiological security; and SEC. 6407. INTERNATIONAL NUCLEAR ENERGY (B) PURPOSE OF CERTAIN GRANTS.—The Spe- (3) the role that the nuclear industry COOPERATION. cial Assistant may award a grant under the should play in nuclear and radiological safe- Section 959B of the Energy Policy Act of initiative to a country that is not a new- ty, security, and safeguards, including with 2005 (42 U.S.C. 16279b) is amended— comer nuclear nation if the grant is made for respect to the safe and secure use, storage, (1) in the matter preceding paragraph (1), the purpose of constructing a nuclear reactor and transport of nuclear and radiological by striking ‘‘The Secretary’’ and inserting or an advanced nuclear reactor in that coun- materials. the following: try. (e) REPORT.— ‘‘(a) IN GENERAL.—The Secretary’’; (c) SENIOR ADVISORS.— (1) IN GENERAL.—Not later than 120 days (2) in subsection (a) (as so designated)— (1) IN GENERAL.—In carrying out the initia- after the date of enactment of this Act, and (A) in paragraph (1)— tive, the Special Assistant shall provide a 120 days after the end of each summit, the (i) by striking ‘‘financing,’’; and grant to a newcomer nuclear nation only if Secretary, the Secretary of State, the Sec- (ii) by striking ‘‘and’’ after the semicolon the newcomer nuclear nation is interested in retary of Defense, the Secretary of Com- at the end; partnering with, and agrees to partner with, merce, the Nuclear Regulatory Commission, (B) in paragraph (2)— a US nuclear energy company to hire 1 or and the Special Assistant shall jointly sub- (i) in subparagraph (A), by striking ‘‘prep- more qualified senior advisors to assist the mit to Congress a report highlighting— arations for’’; and newcomer nuclear nation in establishing a (A) any commitments made by the United (ii) in subparagraph (C)(v), by striking the civil nuclear program. States or international partners of the period at the end and inserting ‘‘; and’’; and (2) REQUIREMENT.—A senior advisor de- United States, including an ally or partner (C) by adding at the end the following: scribed in paragraph (1) shall seek to advise nation, with respect to nuclear safety, secu- ‘‘(3) to support, in consultation with the the newcomer nuclear nation on, and facili- rity, or safeguards; and Secretary of State, the safe, secure, and tate on behalf of the newcomer nuclear na- (B) the objectives that the parties to those peaceful use of nuclear technology in coun- tion, 1 or more of the following: commitments agreed to meet. tries developing nuclear energy programs, (A) The development of financing relation- (2) REQUIREMENT.—The report under para- with a focus on countries that have in- ships. graph (1) shall detail— creased civil nuclear cooperation with Rus- (B) The development of a standardized fi- (A) any current and continuing nuclear se- sia or China.’’; and nancing and project management framework curity threat; (3) by adding at the end the following: for the construction of nuclear power plants. (B) any progress made toward advancing ‘‘(b) REQUIREMENTS.—The program under (C) The development of a standardized li- nuclear security-related treaties; subsection (a) shall— censing framework for light water and non- (C) any steps taken or needed to be taken— ‘‘(1) with respect to the function described light water civil nuclear technologies. (i) to fulfill any obligations of the United in subsection (a)(3), be modeled after the (D) The identification of qualified organi- States under existing nuclear security trea- International Military Education and Train- zations and service providers. ties; ing program of the Department of State; and (E) The identification of funds to support (ii) to manage cyber threats; or ‘‘(2) be carried out— payment for services required to develop a (iii) to prevent illicit trafficking of nuclear ‘‘(A) to facilitate, to the maximum extent civil nuclear program. materials and technology; practicable, workshops and expert-based ex- (F) Market analysis. (D) the role of the nuclear industry in pre- changes to engage industry, stakeholders, (G) The identification of the safety, secu- venting nuclear proliferation; and and foreign governments with respect to rity, safeguards, and nuclear governance re- (E) any other topics discussed during the international civil nuclear issues, such as— quired for a civil nuclear program. summit that relate to nuclear safety, secu- ‘‘(i) training; (H) Risk allocation and risk management. rity, and safeguards. ‘‘(ii) financing; (I) Technical assessments of nuclear reac- SEC. 6410. BIENNIAL CIVIL NUCLEAR VENDOR ‘‘(iii) safety; tors and technologies. SUMMIT. ‘‘(iv) security; (J) Any other major activities to support (a) IN GENERAL.—The Secretary, the Sec- ‘‘(v) safeguards; the establishment of a civil nuclear program, retary of State, the Secretary of Commerce, ‘‘(vi) operations; and such as the establishment of export, financ- the President of the Export-Import Bank of ‘‘(vii) options for multinational coopera- ing, construction, training, operations, and the United States, the Chief Executive Offi- tion with respect to the disposal of spent nu- education requirements. cer of the United States International Devel- clear fuel (as defined in section 2 of the Nu- (d) AUTHORIZATION OF APPROPRIATIONS.— opment Finance Corporation, and the Spe- clear Waste Policy Act of 1982 (42 U.S.C. There is authorized to be appropriated to the cial Assistant shall hold a biennial civil nu- 10101)); and Secretary to carry out the initiative clear vendor summit. ‘‘(B) in coordination with— $20,000,000 for each of fiscal years 2022 (b) LOCATION.—A civil nuclear vendor sum- ‘‘(i) the National Security Council; through 2026. mit under subsection (a) shall be held in— (1) Washington, DC; or ‘‘(ii) the Secretary of State; SEC. 6409. BIENNIAL NUCLEAR SAFETY, SECU- ‘‘(iii) the Secretary of Commerce; and RITY, AND SAFEGUARDS SUMMIT. (2) a country described in any of subpara- ‘‘(iv) the Nuclear Regulatory Commission. (a) IN GENERAL.—The Secretary, the Sec- graphs (A) through (H) of section 6401(2). ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— retary of State, the Secretary of Defense, the (c) REQUIREMENT.—A civil nuclear vendor There is authorized to be appropriated to the Secretary of Commerce, the Nuclear Regu- summit under subsection (a) shall— Secretary to carry out subsection (a)(3) latory Commission, and the Special Assist- (1) be a forum in which leaders of ally or $15,500,000 for each of fiscal years 2022 ant shall hold a biennial nuclear safety, se- partner nations may engage with each other through 2026.’’. curity, and safeguards summit (referred to in for the purpose of promoting the peaceful, SEC. 6408. INTERNATIONAL CIVIL NUCLEAR PRO- this section as a ‘‘summit’’). responsible, and safe use of civil nuclear GRAM SUPPORT. (b) LOCATION.—Each summit shall be held technologies; and (a) IN GENERAL.—Not later than 120 days in— (2) facilitate— after the date of enactment of this Act, the (1) Washington, DC; or (A) the development of— Special Assistant shall launch an inter- (2) a country described in any of subpara- (i) cooperative financing relationships to national initiative (referred to in this sec- graphs (A) through (H) of section 6401(2). promote competitive alternatives to Chinese tion as the ‘‘initiative’’) to provide grants, in (c) REQUIREMENT.—Each summit shall— and Russian financing; accordance with this section— (1) be a forum in which leaders of ally or (ii) a standardized financing and project (1) to newcomer nuclear nations for activi- partner nations may engage with each other management framework for the construction ties relating to the development of civil nu- for the purpose of reinforcing the commit- of nuclear power plants; clear programs; and ment to nuclear safety, security, and safe- (iii) a standardized licensing framework for (2) to countries that are not newcomer nu- guards; and civil nuclear technologies; clear nations for the construction of nuclear (2) facilitate the development of— (iv) a strategy to change internal policies reactors and advanced nuclear reactors. (A) joint commitments and goals to im- of multinational development banks, such as (b) GRANTS.— prove nuclear material safety, security, and the World Bank, to support the financing of (1) IN GENERAL.—In carrying out the initia- safeguards; and civil nuclear projects; and tive, the Special Assistant may award not (B) stronger international institutions (v) a document containing any lessons more than 1 grant to each country, including that support nuclear safety, security, and learned from countries that have partnered each newcomer nuclear nation, each fiscal safeguards. with Russia or China with respect to nuclear year. (d) INPUT FROM INDUSTRY.—Each summit power, including any detrimental outcomes (2) AMOUNT.—The amount of a grant award- shall include a meeting that convenes nu- resulting from that partnership; ed under the initiative shall be not more clear industry leaders to discuss best prac- (B) cooperation for enhancing the overall than $1,000,000. tices relating to— aspects of civil nuclear power, such as—

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.010 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3347 (i) nuclear safety and security; dor summit but were unforeseen at the time (B) the Committee on Foreign Affairs, the (ii) nuclear regulations; of, and not discussed at, that summit; Committee on Energy and Commerce, the (iii) waste management; (ii) to enable early-stage day-to-day sup- Committee on Armed Services, the Com- (iv) quality management systems; port of newcomer nuclear nations; mittee on Science, Space, and Technology, (v) technology transfer; (iii) to address any gaps in the whole-of- and the Committee on Ways and Means of (vi) human resources development; government approach to international civil the House of Representatives. (vii) localization; nuclear cooperation, exports, and investment SEC. 6412. INVESTMENT BY ALLIES AND PART- (viii) reactor operations; and developed by the Special Assistant; or NERS OF THE UNITED STATES. (ix) decommissioning; (iv) to improve the role of the Special As- (a) COMMERCIAL LICENSES.—Section 103 d. (C) the establishment of a ‘‘Small Modular sistant in international outreach; and of the Atomic Energy Act of 1954 (42 U.S.C. and Advanced Reactor Coordination and Re- (E) the role of the nuclear industry in es- 2133(d)) is amended, in the second sentence— source Center’’ (referred to in this paragraph tablishing cooperative relationships. (1) by inserting ‘‘for a production facility’’ as the ‘‘Center’’) for the purposes of— SEC. 6411. STRATEGIC INFRASTRUCTURE FUND after ‘‘No license’’; and (i) identifying qualified organizations and WORKING GROUP. (2) by striking ‘‘any any’’ and inserting service providers— (a) ESTABLISHMENT.—There is established a ‘‘any’’. (I) for newcomer nuclear nations; working group, to be known as the ‘‘Stra- (b) MEDICAL THERAPY AND RESEARCH DE- (II) to develop and assemble documents, tegic Infrastructure Fund Working Group’’ VELOPMENT LICENSES.—Section 104 d. of the contracts, and related items required to es- (referred to in this section as the ‘‘working Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) tablish a civil nuclear program; and group’’). is amended, in the second sentence, by in- (III) to develop a standardized model for (b) COMPOSITION.—The working group shall serting ‘‘for a production facility’’ after ‘‘No the establishment of a civil nuclear program be— license’’. that can be used internationally; (1) led by the Special Assistant; and (ii) coordinating with countries partici- SEC. 6413. MODIFICATION OF POWERS AND FUNC- (2) composed of— pating in the Center— TIONS OF THE EXPORT-IMPORT (A) senior-level Federal officials, selected BANK OF THE UNITED STATES. (I) to identify funds to support payment for by the head of the applicable Federal agency (a) MODIFICATION OF PROHIBITION ON FI- services required to develop a civil nuclear or organization, from— NANCING.—Section 2(b)(5) of the Export-Im- program; (i) the Department of State; (II) to provide market analysis; and port Bank Act of 1945 (12 U.S.C. 635(b)(5)) is (ii) the Department of the Treasury; (III) to create— amended, in the first sentence, by striking (iii) the Department of Commerce; (aa) project structure models; ‘‘any liquid metal fast breeder nuclear reac- (bb) models for electricity market anal- (iv) the Department of Energy; tor or’’. ysis; (v) the Export-Import Bank of the United (b) EXPANSION OF PROGRAM ON TRANS- (cc) models for nonelectric applications States; FORMATIONAL EXPORTS.— market analysis; and (vi) the United States International Devel- (1) IN GENERAL.—Section 2(l) of the Export- (dd) financial models; opment Finance Corporation; and Import Bank Act of 1945 (12 U.S.C. 635(l)) is (iii) identifying and developing the safety, (vii) the Nuclear Regulatory Commission; amended— security, safeguards, and nuclear governance (B) other senior-level Federal officials, se- (A) in the subsection heading, by striking required for a civil nuclear program; lected by the head of the applicable Federal ‘‘CHINA AND’’; (iv) supporting multinational regulatory agency or organization, from any other Fed- (B) in paragraph (1)— standards to be developed by countries with eral agency or organization that the Sec- (i) in the matter preceding subparagraph civil nuclear programs and experience; retary determines to be appropriate; and (A)— (v) developing and strengthening commu- (C) any senior-level Federal official se- (I) by striking ‘‘China and’’; and nications, engagement, and consensus-build- lected by the Special Assistant from any (II) by striking ‘‘by the People’s Republic ing; Federal agency or organization. of China or’’; (vi) carrying out any other major activi- (c) REPORTING.—The working group shall (ii) in subparagraph (A), by striking ‘‘by ties to support export, financing, education, report to the National Security Council. the People’s Republic of China or’’; and construction, training, and education re- (d) DUTIES.—The working group shall— (iii) in subparagraph (B)— quirements relating to the establishment of (1) provide direction and advice to the Spe- (I) in the matter preceding clause (i), by a civil nuclear program; cial Assistant with respect to the establish- striking ‘‘the People’s Republic of China’’ (vii) developing mechanisms for how to ment of a Strategic Infrastructure Fund (re- and inserting ‘‘covered countries’’; fund and staff the Center; and ferred to in this subsection as the ‘‘Fund’’) (II) in clause (vi), by striking ‘‘Renewable’’ (viii) determining mechanisms for the se- to be used— and inserting ‘‘Clean’’; lection of the location or locations of the (A) to support those aspects of projects re- (III) by redesignating clauses (viii) through Center; and lating to— (xi) as clauses (ix) through (xii), respec- (D) the development and determination of (i) civil nuclear technologies; tively; and the mechanisms described in clauses (vii) (ii) rare earth elements and critical min- (IV) by inserting after clause (vii) the fol- and (viii) of subparagraph (C) by the Center. erals (as defined in section 7002(a) of the En- lowing: (d) REPORT.— ergy Act of 2020 (30 U.S.C. 1606(a))); and ‘‘(viii) Civil nuclear material and tech- (1) IN GENERAL.—Not later than 120 days (iii) microprocessors; and nologies.’’; after the date of enactment of this Act, and (B) for strategic investments identified by (C) by striking paragraph (2); 120 days after the end of each civil nuclear the working group; and (D) by redesignating paragraph (3) as para- vendor summit under subsection (a), the Sec- (2) address critical areas in determining graph (2); retary, the Secretary of State, the Secretary the appropriate design for the Fund, includ- (E) in paragraph (2), as so redesignated— of Commerce, and the Special Assistant shall ing— (i) in subparagraph (A)— jointly submit to Congress a report high- (A) transfer of assets to the Fund; (I) by striking ‘‘20 percent’’ and inserting lighting— (B) transfer of assets from the Fund; ‘‘30 percent’’; and (A) any commitments made by the United (C) how assets in the Fund should be in- (II) by striking ‘‘China and’’; States or international partners of the vested; and (ii) in subparagraph (B), in the matter pre- United States, including an ally or partner (D) governance and implementation of the ceding clause (i)— nation, with respect to international civil Fund. (I) by striking ‘‘20 percent’’ and inserting nuclear export practices; and (e) REPORT REQUIRED.— ‘‘30 percent’’; and (B) the objectives that the parties to those (1) IN GENERAL.—Not later than 1 year after (II) by striking ‘‘the People’s Republic of commitments agreed to meet. the date of the enactment of this Act, the China is’’ and inserting ‘‘the People’s Repub- (2) REQUIREMENT.—The report under para- working group shall submit to the commit- lic of China and the Russian Federation graph (1) shall detail— tees described in paragraph (2) a report on are’’; (A) any steps taken to establish common the findings of the working group that in- (iii) in subparagraph (C)— financing relationships; cludes suggested legislative text for how to (I) in the subparagraph heading, by strik- (B) any progress made toward establishing establish and structure a Strategic Infra- ing ‘‘SUNSET AND’’; a standardized financing, project manage- structure Fund. (II) by striking the first sentence; and ment, and licensing framework; (2) COMMITTEES DESCRIBED.—The commit- (III) by striking ‘‘4 years after enactment (C) any changes to the internal policies of tees referred to in paragraph (1) are— of this subsection’’ and inserting ‘‘December multinational development banks, such as (A) the Committee on Foreign Relations, 20, 2023’’; the World Bank, to support civil nuclear the Committee on Commerce, Science, and (iv) in subparagraph (D), by striking projects; Transportation, the Committee on Armed ‘‘China and’’; and (D) any steps taken or needed to be Services, the Committee on Energy and Nat- (v) by adding at the end the following: taken— ural Resources, the Committee on Environ- ‘‘(E) CONTENT POLICY.—Under the Program (i) to rectify any obstacles that were iden- ment and Public Works, and the Committee on Transformational Exports, the Bank may tified after the applicable civil nuclear ven- on Finance of the Senate; and provide loans, guarantees, or insurance for

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.010 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3348 CONGRESSIONAL RECORD — SENATE May 24, 2021 up to 100 percent of the value of a trans- ‘‘(xvi) Electric vehicle charging infrastruc- (3) in subsection (c)(1)(C), by striking ‘‘the action if— ture. government of China’’ and inserting ‘‘the ‘‘(i) not less than 50 percent of the content ‘‘(xvii) Innovative technologies for improv- Government of the People’s Republic of of the goods and services exported pursuant ing the resilience or reliability of existing China or the Government of the Russian to the transaction are of United States ori- energy infrastructure, including innovative Federation’’; gin; and approaches to improve the cybersecurity of (4) by striking subsection (d) and inserting ‘‘(ii) of the goods and services exported energy technologies. the following: pursuant to the transaction that are not of ‘‘(xviii) Innovative technologies for reduc- ‘‘(d) DEFINITIONS.—In this section: United States origin, not less than 25 percent ing greenhouse emissions from industrial ‘‘(1) GOVERNMENT OF THE PEOPLE’S REPUB- of the content of such goods and services processes, including cement and ammonia LIC OF CHINA.—The term ‘Government of the originates from other members countries of production. People’s Republic of China’ means any per- the Organization for Economic Co-operation ‘‘(xix) Any other projects that support in- son that the Bank has reason to believe is— and Development. novative energy technologies or provide an ‘‘(A) the state and the Government of the ‘‘(F) LOCAL COST POLICY.—If the Bank pro- input or application for such technologies. People’s Republic of China, as well as any vides a loan, guarantee, or insurance for the ‘‘(C) COVERED COUNTRY.—The term ‘covered political subdivision, agency, or instrumen- export to a country of United States-origin country’ means— tality thereof; goods or services under the Program on ‘‘(i) the People’s Republic of China; ‘‘(B) any entity controlled, directly or indi- Transformational Exports, the Bank may ‘‘(ii) the Russian Federation; or rectly, by any of the foregoing, including also support the extension of loans, guaran- ‘‘(iii) any country that— any partnership, association, or other entity tees, or insurance for the purchase of goods ‘‘(I) the Secretary of the Treasury des- in which any of the foregoing owns a 50 per- or services that originate in that country in ignates as a covered country in a report to cent or greater interest or a controlling in- amount that does not exceed 50 percent of the Committee on Financial Services of the terest, and any entity which is otherwise the value of the United States-origin goods House of Representatives and the Committee controlled by any of the foregoing; and services exported. on Banking, Housing, and Urban Develop- ‘‘(C) any person that is or has been acting ‘‘(G) SHIPPING REQUIREMENTS OF FOREIGN- ment of the Senate; or purporting to act, directly or indirectly, ORIGIN COMPONENTS.—Foreign-origin compo- ‘‘(II) is not a participant in the Arrange- for or on behalf of any of the foregoing; and nents included in a transaction for which the ment; and ‘‘(D) any other person which the Secretary Bank provides a loan, guarantee, or insur- ‘‘(III) is not in substantial compliance with of the Treasury has notified the Bank is in- ance under the Program on Trans- the financial terms and conditions of the Ar- cluded in any of the foregoing. formational Exports are not required— rangement.’’. ‘‘(2) GOVERNMENT OF THE RUSSIAN FEDERA- ‘‘(i) to be shipped from the United States; (2) CONFORMING AMENDMENT.—Section 8(l) TION.—The term ‘Government of the Russian or of the Export-Import Bank Act of 1945 (12 Federation’ means any person that the Bank ‘‘(ii) to be shipped on United States-flagged U.S.C. 635g(l)) is amended— has reason to believe is— merchant marine vessels.’’; and (A) in the subsection heading, by striking ‘‘(A) the state and the Government of the (F) by adding at the end the following: ‘‘UNDER THE’’ and all that follows through Russian Federation, as well as any political ‘‘(3) SUNSET.—The Program on Trans- ‘‘EXPORTS’’ and inserting ‘‘UNDER THE PRO- subdivision, agency, or instrumentality formational Exports shall expire on Decem- GRAM ON TRANSFORMATIONAL EXPORTS’’; and thereof; ber 31, 2026. (B) in the text, by striking ‘‘China and’’. ‘‘(B) any entity controlled, directly or indi- ‘‘(4) DEFINITIONS.—In this subsection: (c) PROMOTION OF CLEAN ENERGY, ENERGY rectly, by any of the foregoing, including ‘‘(A) ARRANGEMENT.—The term ‘Arrange- EFFICIENCY, AND ENERGY STORAGE.—Section any partnership, association, or other entity ment’ means the Arrangement on Officially 2(b)(1)(K) of the Export-Import Bank Act of in which any of the foregoing owns a 50 per- Supported Export Credits of the Organiza- 1945 (12 U.S.C. 635(b)(1)(K)) is amended to cent or greater interest or a controlling in- tion for Economic Co-operation and Develop- read as follows: terest, and any entity which is otherwise ment. ‘‘(K) The Bank shall promote the export of controlled by any of the foregoing; ‘‘(B) CLEAN ENERGY, ENERGY EFFICIENCY, goods and services related to clean energy, ‘‘(C) any person that is or has been acting AND ENERGY STORAGE.—The term ‘clean en- energy efficiency, and energy storage (as de- or purporting to act, directly or indirectly, ergy, energy efficiency, and energy storage’ fined in subsection (l)(4)). It shall be a goal includes the following: for or on behalf of any of the foregoing; and of the Bank— ‘‘(D) any other person which the Secretary ‘‘(i) Renewable energy systems. ‘‘(i) to ensure that not less than 30 percent ‘‘(ii) Hydrogen fuel cell technology for resi- of the Treasury has notified the Bank is in- of the applicable amount (as defined in sec- cluded in any of the foregoing.’’; and dential, industrial, or transportation appli- tion 6(a)(2)) is made available each fiscal cations. (5) in subsection (e)(2), in the matter pre- year for the financing of exports of such ceding subparagraph (A), by striking ‘‘China ‘‘(iii) Zero-emission aircraft. goods and services; and ‘‘(iv) Advanced nuclear energy facilities. is’’ and inserting ‘‘the People’s Republic of ‘‘(ii) to ensure that not less than 10 percent China and the Russian Federation are’’. ‘‘(v) Carbon capture, utilization, and se- of the applicable amount is made available questration practices and technologies. --- each fiscal year for the financing of exports SA 1931. Mr. MANCHIN (for himself ‘‘(vi) Efficient electrical generation, trans- of goods and services relating to renewable and Mr. BARRASSO) submitted an mission, and distribution technologies. energy sources.’’. ‘‘(vii) Pollution control equipment. (d) OFFICE OF FINANCING FOR CLEAN EN- amendment intended to be proposed to ‘‘(viii) Energy storage technologies for res- ERGY, ENERGY EFFICIENCY, AND ENERGY STOR- amendment SA 1502 proposed by Mr. idential, industrial, and transportation ap- AGE.—Section 2(b)(1)(C) of the Export-Import SCHUMER to the bill S. 1260, to establish plications. Bank Act of 1945 (12 U.S.C. 635(b)(1)(C)) is a new Directorate for Technology and ‘‘(ix) Technologies and systems for reduc- amended to read as follows: Innovation in the National Science ing more potent greenhouse gas pollutants, ‘‘(C) OFFICE OF FINANCING FOR CLEAN EN- Foundation, to establish a regional including methane leakage from natural gas ERGY, ENERGY EFFICIENCY, AND ENERGY STOR- technology hub program, to require a transmission and distribution infrastructure. AGE.—The Board of Directors shall establish ‘‘(x) Manufacturing and deployment of nu- an office to promote the export of goods and strategy and report on economic secu- clear supply components for advanced nu- services related to clean energy, energy effi- rity, science, research, innovation, clear reactors. ciency, and energy storage (as defined in sub- manufacturing, and job creation, to es- ‘‘(xi) System-level energy management so- section (l)(4)). The office shall disseminate tablish a critical supply chain resil- lutions. information with respect to opportunities to iency program, and for other purposes; ‘‘(xii) Applications of platform tech- export such goods and services and the avail- which was ordered to lie on the table; nologies, including data analytics, artificial ability of financing from the Bank for such as follows: intelligence, and other software to improve exports.’’. the energy efficiency and effectiveness of en- (e) REPORTING ON FINANCING RELATED TO At the appropriate place in title V of divi- ergy infrastructure, including electric grid PEOPLE’S REPUBLIC OF CHINA AND RUSSIAN sion B, insert the following: operations. FEDERATION.—Section 408 of title IV of divi- SEC. 25ll. UNIVERSITY INFRASTRUCTURE REVI- ‘‘(xiii) Energy-water use efficiency in sion I of the Further Consolidated Appro- TALIZATION PROGRAM. water resources infrastructure and water- priations Act, 2020 (Public Law 116–94; 12 (a) PURPOSES.—The purposes of this section using technologies. U.S.C. 635 note) is amended— are— ‘‘(xiv) Carbon-capture ready combined (1) in the section heading, by striking (1) to upgrade and expand nuclear research cycle natural gas or carbon-capture ready ‘‘CHINA’’ and inserting ‘‘THE PEOPLE’S REPUB- capabilities of universities in the United supercritical or ultra-supercritical coal LIC OF CHINA AND THE RUSSIAN FEDERATION’’; States to meet the research requirements of plants if deemed to be replacing non-super- (2) in subsection (a), in the matter pre- advanced nuclear energy systems; critical coal plants supplied by a covered ceding paragraph (1), by striking ‘‘the gov- (2) to establish regional nuclear innovation country and in accordance with the Arrange- ernment of China’’ and inserting ‘‘the Gov- hubs and university-led consortia to support ment. ernment of the People’s Republic of China or innovation in nuclear science and engineer- ‘‘(xv) Battery electric vehicles. the Government of the Russian Federation’’; ing and related disciplines; and

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.010 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3349 (3) to ensure the continued operation of (II) historically Black colleges and univer- ‘‘(B) that is a successor to an entity de- university research reactors. sities; and scribed in subparagraph (A). (b) DEFINITIONS.—In this section: (III) minority-serving institutions. ‘‘(2) DEMONSTRATION DESCRIBED.— (1) ADVANCED NUCLEAR REACTOR.—The term (e) FUNDING.—Notwithstanding any other ‘‘(A) IN GENERAL.—A covered person has ‘‘advanced nuclear reactor’’ has the meaning provision of this Act, of the amounts author- made a demonstration described in this para- given the term in section 951(b) of the En- ized in section 2117(a), $50,000,000 is author- graph if the person has reasonably dem- ergy Policy Act of 2005 (42 U.S.C. 16271(b)). ized for each of fiscal years 2022 through 2026 onstrated to the Secretary that— (2) EPSCOR UNIVERSITY.—The term to carry out this section. ‘‘(i) the person owns at least one unexpired ‘‘EPSCoR university’’ means an institution --- Mr. INHOFE (for himself, patent that is essential for the implementa- of higher education that participates in the SA 1932. tion of a wireless communications standard; Established Program to Stimulate Competi- Mr. COONS, and Mr. CORNYN) submitted ‘‘(ii) a foreign entity that is a person of tive Research Federal-State partnership pro- an amendment intended to be proposed concern, or has as its ultimate parent a per- gram designed to enhance the capabilities of to amendment SA 1502 proposed by Mr. son of concern, has been, for a period of more universities to conduct sustainable and na- SCHUMER to the bill S. 1260, to establish than 180 days, selling wireless communica- tionally competitive energy-related research a new Directorate for Technology and tions devices in or into the United States, di- administered by the Department of Energy. Innovation in the National Science rectly or indirectly, that are claimed, la- (3) HISTORICALLY BLACK COLLEGE OR UNI- Foundation, to establish a regional beled, marketed, or advertised as complying VERSITY.—The term ‘‘historically Black col- with that standard; lege or university’’ has the meaning given technology hub program, to require a strategy and report on economic secu- ‘‘(iii) the covered person has offered to the the term ‘‘part B institution’’ in section 322 foreign entity or any of its affiliates— of the Higher Education Act of 1965 (20 U.S.C. rity, science, research, innovation, manufacturing, and job creation, to es- ‘‘(I) a license to the person’s portfolio of 1061). patents that are essential to that standard; (4) INSTITUTION OF HIGHER EDUCATION.—The tablish a critical supply chain resil- or term ‘‘institution of higher education’’ has iency program, and for other purposes; ‘‘(II) to enter into binding arbitration to the meaning given the term in section 101(a) which was ordered to lie on the table; resolve the terms of such a license; and of the Higher Education Act of 1965 (20 U.S.C. as follows: ‘‘(iv) the foreign entity has not executed a 1001(a)). At the end of title III of division F, add the license agreement or an agreement to enter (5) MINORITY-SERVING INSTITUTION.—The following: into such arbitration, as the case may be, by term ‘‘minority-serving institution’’ has the SEC. 6302. ADDRESSING THREATS TO NATIONAL the date that is 180 days after the covered meaning given the term ‘‘minority institu- SECURITY WITH RESPECT TO WIRE- person made such an offer. tion’’ in section 365 of the Higher Education LESS COMMUNICATIONS RESEARCH ‘‘(B) DEMONSTRATION OF ESSENTIALITY.—A Act of 1965 (20 U.S.C. 1067k). AND DEVELOPMENT. covered person may demonstrate under sub- (6) NATIONAL LABORATORY.—The term ‘‘Na- (a) IN GENERAL.—Chapter 4 of title II of the paragraph (A)(i) that the person owns at tional Laboratory’’ has the meaning given Trade Expansion Act of 1962 (19 U.S.C. 1862 et least one unexpired patent that is essential the term in section 2 of the Energy Policy seq.) is amended by adding at the end the fol- for the implementation of a wireless commu- Act of 2005 (42 U.S.C. 15801). lowing: nications standard by providing to the Sec- (7) PROGRAM.—The term ‘‘program’’ means ‘‘SEC. 234. STATEMENT OF POLICY. retary any of the following: the University Infrastructure Revitalization ‘‘It is the policy of the United States— ‘‘(i) A decision by a court or arbitral tri- Program established under subsection (c). ‘‘(1) to ensure the continued strength and bunal that a patent owned by the person is (8) SECRETARY.—The term ‘‘Secretary’’ leadership of the United States with respect essential for the implementation of that means the Secretary of Energy. to the research and development of key tech- standard. (c) ESTABLISHMENT OF PROGRAM.—Not later nologies for future wireless telecommuni- ‘‘(ii) A determination by an independent than 120 days after the date of enactment of cations standards and infrastructure; patent evaluator not hired by the person this Act, the Secretary shall establish a pro- ‘‘(2) that the national security of the that a patent owned by the person is essen- gram, to be known as the ‘‘University Infra- United States requires the United States to structure Revitalization Program’’, to pro- tial for the implementation of that standard. maintain its leadership in the research and ‘‘(iii) A showing that wireless communica- mote collaborations, partnerships, and development of key technologies for future knowledge sharing between institutions of tions device manufacturers together ac- wireless telecommunications standards and counting for a significant portion of the higher education, including EPSCoR univer- infrastructure; and sities, historically Black colleges and uni- United States or world market for such de- ‘‘(3) that the national security and foreign vices have entered into agreements for li- versities, and minority-serving institutions, policy of the United States requires that the National Laboratories, industry, and associ- censes to the person’s portfolio of patents importation of items that use, without a li- that are essential for the implementation of ated labor unions with the mission to revi- cense, a claimed invention protected by a talize and upgrade existing nuclear science that standard. patent that is essential for the implementa- and engineering infrastructure and develop ‘‘(iv) A showing that the person has pre- tion of a wireless communications standard new capabilities and expertise to support the viously granted licenses to the foreign entity and is held by a United States person, be development of advanced nuclear reactor described in subparagraph (A)(ii) or any of controlled to ensure the achievement of the technologies and applications. its affiliates with respect to a reasonably (d) CONSORTIA.— policies described in paragraphs (1) and (2). similar portfolio of the person’s patents that (1) IN GENERAL.—In carrying out the pro- ‘‘SEC. 235. LIST OF FOREIGN ENTITIES THAT are essential for the implementation of that gram, the Secretary shall establish univer- THREATEN NATIONAL SECURITY standard. WITH RESPECT TO WIRELESS COM- sity-led consortia comprised of institutions MUNICATIONS RESEARCH AND DE- ‘‘(C) ACCOUNTING OF WIRELESS COMMUNICA- of higher education, including EPSCoR uni- VELOPMENT. TIONS DEVICE MARKET.—A showing described versities, historically Black colleges and ‘‘(a) IN GENERAL.—The Secretary of Com- in subparagraph (B)(iii) may be made either universities, and minority-serving institu- merce (in this section referred to as the ‘Sec- by including or excluding wireless commu- tions, National Laboratories, industry, and retary’) shall establish and maintain a list of nications device manufacturers that are per- associated labor unions to enhance univer- each foreign entity that the Secretary deter- sons of concern. sity-based nuclear science and engineering mines— ‘‘(3) PROCEDURES.— infrastructure. ‘‘(1)(A) uses, without a license, a claimed ‘‘(A) ADDING A FOREIGN ENTITY TO THE (2) ACTIVITIES.—The Secretary shall com- invention protected by a patent that is es- WATCH LIST.— petitively award to consortia established sential for the implementation of a wireless ‘‘(i) IN GENERAL.—The Secretary may add a under paragraph (1) awards— communications standard and is held by a foreign entity to the watch list under para- (A) to enhance existing capabilities and es- covered person; and graph (1) only after notice and opportunity tablish new capabilities and expertise; ‘‘(B) is a person of concern or has as its ul- for an agency hearing on the record in ac- (B) to provide project management serv- timate parent a person of concern; or cordance with (except as provided in clause ices and support, technical support, quality ‘‘(2) is a successor to an entity described in (ii)) sections 554 through 557 of title 5, United engineering and inspections, and nuclear ma- paragraph (1). States Code. terial support to— ‘‘(b) WATCH LIST.— ‘‘(ii) MATTERS CONSIDERED AT HEARING.—An (i) existing university nuclear science and ‘‘(1) IN GENERAL.—The Secretary shall es- agency hearing conducted under clause (i)— engineering programs in the United States tablish and maintain a watch list of each for- ‘‘(I) shall be limited to consideration of— as of the date of enactment of this Act; eign entity— ‘‘(aa) whether the demonstration described (ii) the 25 existing research reactors at uni- ‘‘(A)(i) that is a person of concern or has as in paragraph (2) has been reasonably made; versities in the United States as of the date its ultimate parent a person of concern; and and of enactment of this Act; and ‘‘(ii) with respect to which a covered per- ‘‘(bb) the amount of bond to be required in (iii) new and emerging nuclear science and son has made the demonstration described in accordance with section 236; and engineering programs at institutions of high- paragraph (2) in a petition submitted to the ‘‘(II) may not include the presentation or er education, including— Secretary for the inclusion of the entity on consideration of legal or equitable defenses (I) EPSCoR universities; the list; or or counterclaims.

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‘‘(B) ADMINISTRATIVE PROCEDURE.—Except ‘‘(A) a cellular wireless telecommuni- ‘‘(A) section 235 or any regulation, order, as provided in subparagraph (A), the func- cations standard, including such a standard or license issued under that section; or tions exercised under this section and sec- promulgated by the 3rd Generation Partner- ‘‘(B) the Export Control Reform Act of 2018 tion 236 shall not be subject to sections 551, ship Project (commonly known as ‘3GPP’) or (50 U.S.C. 4801 et seq.) or any regulation, 553 through 559, or 701 through 706 of title 5, the 3rd Generation Partnership Project 2 order, or license issued under that Act.’’. United States Code. (commonly known as ‘3GPP2’); or --- ‘‘(c) MOVEMENT BETWEEN LISTS.—A foreign ‘‘(B) a wireless local area network stand- SA 1933. Mrs. HYDE–SMITH sub- entity on the watch list required by sub- ard, including such a standard designated as mitted an amendment intended to be section (b)(1) may be moved to the list re- IEEE 802.11 as developed by the Institute of proposed to amendment SA 1502 pro- quired by subsection (a), pursuant to proce- Electrical and Electronics Engineers (com- posed by Mr. SCHUMER to the bill S. dures established by the Secretary, on or monly known as the ‘IEEE’). after the date that is one year after being in- 1260, to establish a new Directorate for ‘‘SEC. 236. IMPORT SANCTIONS WITH RESPECT TO Technology and Innovation in the Na- cluded on the watch list if the foreign entity CERTAIN FOREIGN ENTITIES THAT is not able to reasonably demonstrate that it THREATEN NATIONAL SECURITY. tional Science Foundation, to establish has entered into a patent license agreement ‘‘(a) IN GENERAL.—Any foreign entity on a regional technology hub program, to or a binding arbitration agreement with each the list required by section 235(a) may be require a strategy and report on eco- covered person that has made the dem- subject to such controls on the importing of nomic security, science, research, inno- onstration described in subsection (b)(2) with goods or technology into the United States vation, manufacturing, and job cre- respect to the entity. as the President may prescribe. ation, to establish a critical supply ‘‘(d) REMOVAL FROM LISTS.—A foreign enti- ‘‘(b) ENTRY UNDER BOND.— chain resiliency program, and for other ty on the list required by subsection (a) or ‘‘(1) IN GENERAL.—Unless otherwise pre- on the watch list required by subsection scribed by the President, a product described purposes; which was ordered to lie on (b)(1) may petition the Secretary to be re- in paragraph (2) may not enter the United the table; as follows: moved from that list on the basis that the States except under bond prescribed by the At the appropriate place in subtitle B of conditions that led to the inclusion of the Secretary of Commerce in an amount deter- title VI of division B, insert the following: foreign entity on the list no longer exist. mined by the Secretary to be sufficient to SEC. 26ll. HYDROGEN RESEARCH AND DEVEL- The burden of proof shall be on the foreign protect from injury a covered United States OPMENT AND TESTING. entity. person that made the demonstration de- (a) IN GENERAL.—The Administrator shall ‘‘(e) DEFINITIONS.—In this section: scribed in section 235(b)(2) with respect to fully leverage and use the unique hydrogen ‘‘(1) AFFILIATE.—The term ‘affiliate’, with the entity that has been selling the product expertise, fuel farm, and testing platforms respect to an entity, means any entity that directly or indirectly in or into the United co-located with NASA large-scale rocket owns or controls, is owned or controlled by, States. propulsion test facilities for testing federally or is under common ownership or control ‘‘(2) PRODUCTS DESCRIBED.—A product de- funded programs or public-private partner- with, the entity. scribed in this paragraph is a wireless com- ships involving the use of hydrogen in space ‘‘(2) COUNTRY OF CONCERN.—The term munications device— exploration, space technology, and aero- ‘country of concern’ means a country with ‘‘(A) produced or sold by— nautics. respect to which the Secretary determines ‘‘(i) a foreign entity on the watch list re- (b) MAINTENANCE OF EXPERTISE.— that— quired by section 235(b); (1) IN GENERAL.—The Administrator shall ‘‘(A) persons in the country persistently ‘‘(ii) a successor of such an entity; or maintain the hydrogen expertise, fuel farm, use, without obtaining a license, patents— ‘‘(iii) an affiliate of an entity described in and testing platforms co-located with NASA ‘‘(i) essential to the implementation of clause (i) or (ii); and large-scale rocket propulsion test facilities wireless communications standards; and ‘‘(B) that is claimed, labeled, marketed, or for the purpose of supporting ongoing activi- ‘‘(ii) held by a covered person; and advertised as complying with a wireless com- ties associated with liquid oxygen-hydrogen ‘‘(B) that use of patents poses a threat to— munications standard that was the basis for rockets, including the Space Launch System ‘‘(i) the ability of the United States to the inclusion of the foreign entity on the and the Exploration Upper Stage for the maintain a wireless communications re- watch list. Space Launch System. search and development infrastructure; and ‘‘(c) FORFEITURE OF BOND.— (2) AVAILABILITY.—The Administrator shall ‘‘(ii) the national security of the United ‘‘(1) IN GENERAL.—If a foreign entity on the make the expertise and infrastructure de- States, pursuant to the policy set forth in watch list required by section 235(b) is moved scribed in paragraph (1) available to Govern- section 234. to the list required by section 235(a) and be- ment and commercial vehicles that may ben- ‘‘(3) COVERED PERSON.—The term ‘covered comes subject to controls under subsection efit from testing at NASA hydrogen test fa- person’ means— (a), a bond paid under subsection (b) shall be cilities. ‘‘(A) a covered United States person; or forfeited to a covered United States person (c) TESTING CAPABILITIES AND PLAT- ‘‘(B) an affiliate of a covered United States that made the demonstration described in FORMS.—The Administrator shall consider person— section 235(b)(2) with respect to the entity. investments in future testing capabilities ‘‘(i) headquartered in, or organized under ‘‘(2) TERMS AND CONDITIONS.—The Sec- and platforms to support a range of hydrogen the laws of, a country that is a member of retary of Commerce shall prescribe the pro- systems in— the European Union or the North Atlantic cedures and any terms or conditions under (1) space systems, including launch vehi- Treaty Organization; and which bonds will be forfeited under para- cles and spacecraft; and ‘‘(ii) engaged in wireless communications graph (1). (2) aeronautics research and development, research and development. ‘‘(d) NON-INTEREST-BEARING BONDS.—A including unmanned aircraft systems. ‘‘(4) COVERED UNITED STATES PERSON.—The bond under this section shall be non-inter- (d) RESEARCH AND DEVELOPMENT.—The Ad- term ‘covered United States person’ means a est-bearing. ministrator, to the extent practicable, shall United States person engaged in wireless ‘‘(e) DEFINITIONS.—In this section, the coordinate with research universities and communications research and development terms ‘affiliate’ and ‘covered United States other Federal agencies to incorporate hydro- in the United States. person’ have the meanings given those terms gen capabilities into research and develop- ‘‘(5) PERSON OF CONCERN.—The term ‘person in section 235(d).’’. ment and testing road maps across pro- of concern’ means a person that is— (b) CONTROLS ON IMPORTS OF GOODS OR grams. ‘‘(A) an individual who is a citizen or na- TECHNOLOGY AGAINST PERSONS THAT RAISE (e) REPORT.—Not later than 180 days after tional (as defined in section 101(a) of the Im- NATIONAL SECURITY CONCERNS.—Section 233 the date of the enactment of this division, migration and Nationality Act (8 U.S.C. of the Trade Expansion Act of 1962 (19 U.S.C. the Administrator shall submit to the Com- 1101(a))) of a country of concern; or 1864) is amended to read as follows: mittee on Commerce, Science, and Transpor- ‘‘(B) an entity that is headquartered in, or ‘‘SEC. 233. IMPORT SANCTIONS FOR EXPORT VIO- tation of the Senate and the Committee on organized under the laws of, a country of LATIONS. Science, Space, and Technology of the House concern. ‘‘(a) IN GENERAL.—A person described in of Representatives a report that— ‘‘(6) UNITED STATES PERSON.—The term subsection (b) may be subject to such con- (1) identifies all current and planned ‘United States person’ means— trols on the importing of goods or tech- NASA-funded programs and public-private ‘‘(A) an individual who is a United States nology into the United States as the Presi- partnerships that involve the research, de- citizen or an alien lawfully admitted for per- dent may prescribe. velopment, and testing of space exploration, manent residence to the United States; ‘‘(b) PERSONS DESCRIBED.—A person de- space technology, and aeronautics systems ‘‘(B) an entity organized under the laws of scribed in this subsection is a person that— using hydrogen, including propulsion sys- the United States or any jurisdiction within ‘‘(1) violates any national security export tems, hydrogen fuel tanks, transfer systems, the United States, including a foreign branch control imposed under section 1755 of the Ex- and integrated systems and vehicles; of such an entity; or port Control Reform Act of 2018 (50 U.S.C. (2) describes the manner in which each ‘‘(C) any person in the United States. 4814) or any regulation, order, or license such program or partnership is currently, or ‘‘(7) WIRELESS COMMUNICATIONS STAND- issued under that section; or may in the future, use NASA hydrogen re- ARD.—The term ‘wireless communications ‘‘(2) raises a national security concern search and development and testing capabili- standard’ means— under— ties; and

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.013 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3351 (3) identifies potential investments in fa- candidate completed the requirements re- (1) describes in detail— cilities and capabilities that may enable cur- lated to the fellowship or temporary rota- (A) the use of the pilot program hiring au- rent and future hydrogen research, develop- tional posting described under this sub- thority under this section, including pay, ment, and testing activities. section. qualifications, and classification of individ- (D) NUMBER.—The number of employees ap- uals hired under such authority; SA 1934. Mr. JOHNSON submitted an pointed and retained by the Federal Govern- (B) the methods for recruitment under the amendment intended to be proposed to ment under this paragraph shall not exceed program; and amendment SA 1502 proposed by Mr. 10 at any time. (C) efforts being made by the NASA to ad- SCHUMER to the bill S. 1260, to establish Strike section 2204 and insert the fol- dress any compensation equity issue that a new Directorate for Technology and lowing: may arise as a result of the program; Innovation in the National Science SEC. 2204. PERSONNEL MANAGEMENT AUTHORI- (2) analyzes the impact of the program on TIES FOR THE FOUNDATION. Foundation, to establish a regional participants, disaggregated by demographic (a) STUDY.—Not later than 30 days after factors including age, race, ethnicity, gen- technology hub program, to require a the date of enactment of this division, the der, education, compensation, and job classi- strategy and report on economic secu- Director shall contract with the National fication; rity, science, research, innovation, Academy of Public Administration to con- (3) compares the demographics of the pro- manufacturing, and job creation, to es- duct a study on the organizational and man- gram participants with the demographics of tablish a critical supply chain resil- agement structure of the Foundation, to— NASA employees outside the program; iency program, and for other purposes; (1) evaluate and make recommendations to (4) assesses the morale and engagement of efficiently and effectively implement the Di- the NASA workforce participating in the which was ordered to lie on the table; rectorate for Technology and Innovation; as follows: program, as compared to the morale and en- (2) evaluate and make recommendations to gagement of the NASA workforce outside the At the end of title V of division B, insert ensure coordination of the Directorate for program; and the following: Technology and Innovation with other direc- (5) makes recommendations with respect SEC. 2528. ASSESSMENT OF EXISTING LARGE torates and offices of the Foundation and to the continuation, modification, or perma- POWER TRANSFORMERS. other Federal agencies; and nent codification of the program. The Secretary of Energy shall conduct an (3) make recommendations for the manage- Strike section 2669 and insert the fol- assessment of existing large power trans- ment of the Foundation’s business and per- lowing: formers in the United States, identify Gov- sonnel practices, including implementation ernment resources that could be leveraged to SEC. 2669. SEPARATIONS AND RETIREMENT IN- of the new hiring authorities and program CENTIVES. enhance the domestic manufacturing of director authorities provided in section 2103. (a) VOLUNTARY SEPARATION INCENTIVE PAY- large power transformers, and identify any EVIEW (b) R .—Upon completion of the study MENTS.— authorities needed to provide such assist- under paragraph (1), the Foundation shall re- Subchapter II of chapter 35 of title 5, ance. view the recommendations from the Na- United States Code, is amended— tional Academy of Public Administration (1) in section 3521— SA 1935. Mr. PETERS submitted an and provide a briefing to Congress on the amendment intended to be proposed to (A) by striking paragraph (1) and inserting plans of the Foundation to implement any the following: amendment SA 1502 proposed by Mr. such recommendations. ‘‘(1) ‘agency’— Strike section 2665 and insert the fol- SCHUMER to the bill S. 1260, to establish ‘‘(A) means an Executive agency as defined lowing: a new Directorate for Technology and under section 105 (other than the Govern- Innovation in the National Science SEC. 2665. APPOINTMENT AND COMPENSATION ment Accountability Office); and PILOT PROGRAM. ‘‘(B) includes the National Aeronautics and Foundation, to establish a regional (a) DEFINITION OF COVERED PROVISIONS.—In Space Administration; and’’; and technology hub program, to require a this section, the term ‘‘covered provisions’’ (B) in paragraph (2)— strategy and report on economic secu- means the provisions of title 5, United States (i) in subparagraph (A)(ii), by striking rity, science, research, innovation, Code, other than— ‘‘and’’ at the end; (1) section 2301 of that title; manufacturing, and job creation, to es- (ii) in subparagraph (B)(vi)(III), by striking (2) section 2302 of that title; tablish a critical supply chain resil- the period at the end and inserting ‘‘; and’’; (3) chapter 33 of that title; iency program, and for other purposes; and (4) chapter 71 of that title; which was ordered to lie on the table; (iii) by adding at the end the following: (5) chapter 72 of that title; and ‘‘(C) shall include an employee of the Na- as follows: (6) chapter 73 of that title. tional Aeronautics and Space Administra- On page 61, on line 20, insert ‘‘Appointment (b) ESTABLISHMENT.—There is established a as a program director under this section 3-year pilot program under which, notwith- tion appointed in accordance with paragraph shall be voluntary, and the Director is not standing section 20113 of title 51, United (1) or (2) of section 20113(b) of title 51, with- authorized to remove a program director States Code, the Administrator may, with out regard to any other provision of such during their appointed term unless for respect to not more than 3,000 designated section 20113(b).’’; and cause.’’ after ‘‘tor.’’ personnel— (2) in section 3523(b)(3)(B), by inserting Beginning on page 113, strike line 24 and (1) appoint and manage such designated ‘‘(or, during the 7-year period beginning on all that follows through line 3 on page 115 personnel of the Administration, without re- the date of enactment of the United States and insert the following: gard to the covered provisions; and Innovation and Competition Act of 2021, with (3) DIRECT HIRE AUTHORITY.— (2) fix the compensation of such designated respect to an employee of the National Aero- (A) IN GENERAL.—During fiscal year 2021 personnel of the Administration, without re- nautics and Space Administration, including and any fiscal year thereafter, the head of gard to chapter 51 and subchapter III of an employee described in section 3521(2)(C), any Federal agency may appoint, without re- chapter 53 of title 5, United States Code, at not to exceed $40,000)’’ after ‘‘$25,000’’. gard to the provisions of subchapter I of a rate that does not exceed the per annum (b) EARLY RETIREMENT.—Title 5, United chapter 33 of title 5, United States Code, rate of salary of the Vice President of the States Code, is amended— other than sections 3303, 3304(b), and 3328 of United States under section 104 of title 3, (1) in section 8336(d), in the matter pre- that title, a qualified candidate described in United States Code. ceding paragraph (1), by inserting ‘‘(includ- subparagraph (B) directly to a position in (c) ADMINISTRATOR RESPONSIBILITIES.—In ing, for the purposes of paragraph (2), an em- the competitive service with the Federal carrying out the pilot program established ployee of the National Aeronautics and agency for which the candidate meets Office under subsection (b), the Administrator shall Space Administration appointed in accord- of Personnel Management qualification ensure that the pilot program— ance with paragraph (1) or (2) of section standards. (1) uses— 20113(b) of title 51, without regard to any (B) FELLOWSHIP OR TEMPORARY ROTATIONAL (A) state-of-the-art recruitment tech- other provision of such section 20113(b))’’ POSTING.—Subparagraph (A) applies with re- niques; after ‘‘An employee’’; and spect to a former recipient of an award under (B) simplified classification methods with (2) in section 8414(b)(1), in the matter pre- this subsection who— respect to personnel of the Administration; ceding subparagraph (A), by inserting ‘‘(in- (i) earned a doctoral degree in a STEM and cluding, for the purposes of subparagraph field from an institution of higher education; (C) broad banding; and (B), an employee of the National Aeronautics and (2) offers— and Space Administration appointed in ac- (ii) successfully fulfilled the requirements (A) competitive compensation; and cordance with paragraph (1) or (2) of section of the fellowship or temporary rotational (B) the opportunity for career mobility. 20113(b) of title 51, without regard to any posting within a Federal agency. (d) REPORT.—Not later than 2 years after other provision of such section 20113(b))’’ (C) LIMITATION.—The direct hire authority the date of the enactment of this division, after ‘‘an employee’’. under this paragraph shall be exercised with the Administrator shall submit to the appro- respect to a specific qualified candidate not priate committees of Congress a report SA 1936. Mr. SULLIVAN (for himself, later than 2 years after the date that the that— Mr. RUBIO, and Mr. INHOFE) submitted

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.013 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3352 CONGRESSIONAL RECORD — SENATE May 24, 2021 an amendment intended to be proposed (2) SPECIFIC NSF ALLOCATIONS.—Of the under this subparagraph shall be transferred to amendment SA 1502 proposed by Mr. amount authorized under paragraph (1)— to the Foundation for collaboration with di- SCHUMER to the bill S. 1260, to establish (A) $8,900,000,000 shall be made available to rectorates and offices of the Foundation out- a new Directorate for Technology and carry out the activities of the Foundation side of the Directorate as described under outside of the Directorate, of which section 2102(c)(7). Innovation in the National Science $1,383,000,000 shall be for STEM education (f) ALLOCATION AND LIMITATIONS.— Foundation, to establish a regional and related activities, including workforce (1) ALLOCATION FOR THE OFFICE OF INSPEC- technology hub program, to require a activities under section 2202; and TOR GENERAL.—From any amounts appro- strategy and report on economic secu- (B) $1,400,000,000 shall be made available to priated for the Foundation for a fiscal year, rity, science, research, innovation, the Directorate, of which— the Director shall allocate for necessary ex- manufacturing, and job creation, to es- (i) $462,000,000 shall be for the innovation penses of the Office of Inspector General of tablish a critical supply chain resil- centers under section 2104; the Foundation an amount of not less than iency program, and for other purposes; (ii) $252,000,000 shall be for scholarships, $33,000,000 in any fiscal year for oversight of which was ordered to lie on the table; fellowships, and other activities under sec- the programs and activities funded under tion 2106; this section in accordance with the Inspector as follows: (iii) $196,000,000 shall be for academic tech- General Act of 1978 (5 U.S.C. App.). Strike section 2116 of division B and insert nology transfer under section 2109; (2) SUPPLEMENT AND NOT SUPPLANT.—The the following: (iv) $140,000,000 shall be for test beds under amounts authorized to be appropriated under SEC. 2116. AUTHORIZATION OF APPROPRIATIONS section 2108; this section shall supplement, and not sup- FOR THE FOUNDATION. (v) $210,000,000 shall be for research and de- plant, any other amounts previously appro- (a) FISCAL YEAR 2022.— velopment activities under section 2107; and priated to the Office of the Inspector General (1) FOUNDATION.—There is authorized to be (vi) an amount equal to 10 percent of the of the Foundation. appropriated to the Foundation $9,000,000,000 total made available to the Directorate (3) NO NEW AWARDS.—The Director shall for fiscal year 2022. under this subparagraph shall be transferred not make any new awards for the activities (2) SPECIFIC NSF ALLOCATIONS.—Of the to the Foundation for collaboration with di- under the Directorate for any fiscal year in amount authorized under paragraph (1)— rectorates and offices of the Foundation out- which the total amount appropriated to the (A) $8,500,000,000 shall be made available to side of the Directorate as described under Foundation (not including amounts appro- carry out the activities of the Foundation section 2102(c)(7). priated for the Directorate) is less than the outside of the Directorate, of which (d) FISCAL YEAR 2025.— total amount appropriated to the Founda- $756,000,000 shall be for STEM education and (1) FOUNDATION.—There is authorized to be tion (not including such amounts), adjusted related activities, including workforce ac- appropriated to the Foundation by the rate of inflation, for the previous fis- tivities under section 2202; and $11,700,000,000 for fiscal year 2025. cal year. (B) $500,000,000 shall be made available to PECIFIC NSF ALLOCATIONS (2) S .—Of the (4) NO FUNDS FOR CONSTRUCTION.—No funds the Directorate, of which— amount authorized under paragraph (1)— provided to the Directorate under this sec- (i) $165,000,000 shall be for the innovation (A) $9,100,000,000 shall be made available to tion shall be used for construction. centers under section 2104; carry out the activities of the Foundation SEC. 2116A. AUTHORIZATION OF APPROPRIA- (ii) $90,000,000 shall be for scholarships, fel- outside of the Directorate, of which TIONS FOR THE DEPARTMENT OF lowships, and other activities under section $1,722,000,000 shall be for STEM education DEFENSE AND THE INTELLIGENCE 2106; and related activities, including workforce COMMUNITY. (iii) $70,000,000 shall be for academic tech- activities under section 2202; and (a) AUTHORIZATION OF APPROPRIATIONS.— nology transfer under section 2109; (B) $2,600,000,000 shall be made available to There is authorized to be appropriated to (iv) $50,000,000 shall be for test beds under the Directorate, of which— carry out the recommendations of the Na- section 2108; (i) $858,000,000 shall be for the innovation tional Security Commission on Artificial In- (v) $75,000,000 shall be for research and de- centers under section 2104; telligence contained in the final report of velopment activities under section 2107; and (ii) $468,000,000 shall be for scholarships, the Commission submitted under section (vi) an amount equal to 10 percent of the fellowships, and other activities under sec- 1051(c)(2) of the John S. McCain National De- total made available to the Directorate tion 2106; fense Authorization Act for Fiscal Year 2019 under this subparagraph shall be transferred (iii) $364,000,000 shall be for academic tech- (132 Stat. 1965; Public Law 115–232), including to the Foundation for collaboration with di- nology transfer under section 2109; any classified recommendations the Commis- rectorates and offices of the Foundation out- (iv) $260,000,000 shall be for test beds under sion may have made, and to conduct re- side of the Directorate as described under section 2108; search and development in the key tech- section 2102(c)(7). (v) $390,000,000 shall be for research and de- nology focus areas amounts as follows: (b) FISCAL YEAR 2023.— velopment activities under section 2107; and (1) For the Defense Advanced Research (1) FOUNDATION.—There is authorized to be (vi) an amount equal to 10 percent of the Projects Agency: appropriated to the Foundation $9,700,000,000 total made available to the Directorate (A) $720,000,000 for fiscal year 2022. for fiscal year 2023. under this subparagraph shall be transferred (B) $853,000,000 for fiscal year 2023. (2) SPECIFIC NSF ALLOCATIONS.—Of the to the Foundation for collaboration with di- (C) $1,107,000,000 for fiscal year 2024. amount authorized under paragraph (1)— rectorates and offices of the Foundation out- (D) $1,300,000,000 for fiscal year 2025. (A) $8,700,000,000 shall be made available to side of the Directorate as described under (E) $1,420,000,000 for fiscal year 2026. carry out the activities of the Foundation section 2102(c)(7). (2) For the Office of the Under Secretary of outside of the Directorate, of which (e) FISCAL YEAR 2026.— Defense for Research and Engineering, in- $1,078,000,000 shall be for STEM education (1) FOUNDATION.—There is authorized to be cluding for the establishment of an artificial and related activities, including workforce appropriated to the Foundation intelligence fund: activities under section 2202; and $17,000,000,000 for fiscal year 2026. (A) $100,000,000 for fiscal year 2022. (B) $1,000,000,000 shall be made available to (2) SPECIFIC NSF ALLOCATIONS.—Of the (B) $100,000,000 for fiscal year 2023. the Directorate, of which— amount authorized under paragraph (1)— (3) For the Department of Defense Joint (i) $330,000,000 shall be for the innovation (A) $9,500,000,000 shall be made available to Artificial Intelligence Center, $100,000,000 for centers under section 2104; carry out the activities of the Foundation fiscal year 2022. (ii) $180,000,000 shall be for scholarships, outside of the Directorate, of which (4) For the Department of Defense, other fellowships, and other activities under sec- $2,011,000,000 shall be for STEM education than as described in paragraphs (1), (2), and tion 2106; and related activities, including workforce (3): (iii) $140,000,000 shall be for academic tech- activities under section 2202; and (A) $1,253,000,000 for fiscal year 2022. nology transfer under section 2109; (B) $7,500,000,000 shall be made available to (B) $1,485,000,000 for fiscal year 2023. (iv) $100,000,000 shall be for test beds under the Directorate, of which— (C) $1,926,000,000 for fiscal year 2024. section 2108; (i) $2,475,000,000 shall be for the innovation (D) $2,263,000,000 for fiscal year 2025. (v) $150,000,000 shall be for research and de- centers under section 2104; (E) $2,472,000,000 for fiscal year 2026. velopment activities under section 2107; and (ii) $1,350,000,000 shall be for scholarships, (5) For the Office of the Director of Na- (vi) an amount equal to 10 percent of the fellowships, and other activities under sec- tional Intelligence and the Intelligence Ad- total made available to the Directorate tion 2106; vanced Research Projects Activity, and under this subparagraph shall be transferred (iii) $1,050,000,000 shall be for academic other elements of the intelligence commu- to the Foundation for collaboration with di- technology transfer under section 2109; nity (as defined in section 3 of the National rectorates and offices of the Foundation out- (iv) $750,000,000 shall be for test beds under Security Act of 1947 (50 U.S.C. 3003)), the Of- side of the Directorate as described under section 2108; fice of Science and Technology Policy, and section 2102(c)(7). (v) $1,350,000,000 shall be for research and the Department of Energy, consistent with (c) FISCAL YEAR 2024.— development activities under section 2107; the recommendations of the National Secu- (1) FOUNDATION.—There is authorized to be and rity Commission on Artificial Intelligence in appropriated to the Foundation (vi) an amount equal to 10 percent of the the report described in this subsection in the $10,300,000,000 for fiscal year 2024. total made available to the Directorate matter before paragraph (1):

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.014 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3353 (A) $1,093,000,000 for fiscal year 2022. Foundation, to establish a regional a new Directorate for Technology and (B) $1,296,000,000 for fiscal year 2023. technology hub program, to require a Innovation in the National Science (C) $1,680,000,000 for fiscal year 2024. strategy and report on economic secu- Foundation, to establish a regional (D) $1,974,000,000 for fiscal year 2025. rity, science, research, innovation, (E) $2,156,000,000 for fiscal year 2026. technology hub program, to require a (b) ALLOCATION AND LIMITATIONS.— manufacturing, and job creation, to es- strategy and report on economic secu- (1) SUPPLEMENT AND NOT SUPPLANT.—The tablish a critical supply chain resil- rity, science, research, innovation, amounts authorized to be appropriated by iency program, and for other purposes; manufacturing, and job creation, to es- subsection (a) shall supplement, and not sup- which was ordered to lie on the table; tablish a critical supply chain resil- plant, any other amounts previously author- as follows: iency program, and for other purposes; ized to be appropriated for the purposes de- At the appropriate place in subtitle A of which was ordered to lie on the table; scribed in such subsection. title I of division F, insert the following: (2) PROHIBITION ON USE OF FUNDS FOR CON- as follows: SEC. 61ll. ANNUAL REPORTING REGARDING STRUCTION.—None of the amounts appro- GRANTEE TIES TO FOREIGN GOV- At the end of subtitle B of title II of divi- priated pursuant to the authorization in sub- ERNMENTS. sion E, add the following: section (a) may be used for construction. Title IV of the Public Health Service Act is amended by inserting after section 403C (42 SEC. 5214. REVIEWS BY COMMITTEE ON FOREIGN SA 1937. Mr. RUBIO submitted an U.S.C. 283a–2) the following: INVESTMENT IN THE UNITED amendment intended to be proposed to STATES OF COVERED TRANS- ‘‘SEC. 403C–1. ANNUAL REPORTING REGARDING ACTIONS INVOLVING GENETIC IN- amendment SA 1502 proposed by Mr. GRANTEE TIES TO FOREIGN GOV- FORMATION. SCHUMER to the bill S. 1260, to establish ERNMENTS. a new Directorate for Technology and ‘‘(a) IN GENERAL.—On an annual basis, the (a) REQUIREMENTS FOR REVIEWS.— (1) MANDATORY DECLARATIONS.—Section Innovation in the National Science Director of NIH shall submit to the Com- mittee on Health, Education, Labor, and 721(b)(1)(C)(v)(IV) of the Defense Production Foundation, to establish a regional Pensions, the Committee on Foreign Rela- Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)) is technology hub program, to require a tions, and the Select Committee on Intel- amended— strategy and report on economic secu- ligence of the Senate, and to the Committee (A) by redesignating items (cc) through rity, science, research, innovation, on Energy and Commerce, the Committee on (gg) as items (dd) through (hh), respectively; manufacturing, and job creation, to es- Foreign Affairs, and the Permanent Select and tablish a critical supply chain resil- Committee on Intelligence of the House of (B) by inserting after item (bb) the fol- iency program, and for other purposes; Representatives, a report on any ties to for- lowing: ‘‘(cc) COVERED TRANSACTIONS INVOLVING GE- which was ordered to lie on the table; eign governments that researchers funded by grants from the National Institutes of NETIC INFORMATION.—The parties to a covered as follows: Health have and that are not properly dis- transaction shall submit a declaration de- At the appropriate place in subtitle A of closed, vetted, and approved by the National scribed in subclause (I) with respect to the title I of division F, insert the following: Institutes of Health, including the status of transaction if the transaction involves an in- SEC. 61ll. REQUIREMENT OF CERTIFICATION any ongoing National Institutes of Health vestment described in subsection OF LABORATORIES. compliance reviews related to such ties and (a)(4)(B)(iii)(III) by a foreign person in a Section 353 of the Public Health Service any administrative actions taken to address United States business that maintains or Act (42 U.S.C. 263a) is amended— such concerns. collects information about genetic tests of (1) by redesignating subsection (q) as sub- ‘‘(b) REQUIREMENT.—The Committees re- United States citizens, including any such section (r); and ceiving the reports under subsection (a) shall information relating to genomic sequenc- (2) by inserting after subsection (p) the fol- keep confidential, and shall not release, any ing.’’. lowing: provision of such a report that is related to (2) CONSULTATION WITH SECRETARY OF ‘‘(q) TIES TO THE PEOPLE’S REPUBLIC OF an ongoing National Institutes of Health HEALTH AND HUMAN SERVICES.—Section CHINA.— compliance review.’’. 721(k)(6) of the Defense Production Act of ‘‘(1) IN GENERAL.—Each certificate issued 1950 (50 U.S.C. 4565(k)(6)) is amended— by the Secretary under this section shall SA 1939. Mr. RUBIO submitted an (A) by striking ‘‘The chairperson’’ and in- state whether— amendment intended to be proposed to serting the following: ‘‘(A) the laboratory; amendment SA 1502 proposed by Mr. ‘‘(A) IN GENERAL.—The chairperson’’; and ‘‘(B) the company that owns or manages (B) by adding at the end the following: SCHUMER to the bill S. 1260, to establish the laboratory; or ‘‘(B) COVERED TRANSACTIONS INVOLVING GE- a new Directorate for Technology and ‘‘(C) any subcontractors or subsidiaries of NETIC INFORMATION.—The chairperson shall such a laboratory or company, Innovation in the National Science consult with the Secretary of Health and is an entity described in paragraph (2). Foundation, to establish a regional Human Services in any review or investiga- ‘‘(2) ENTITY DESCRIBED.—An entity de- technology hub program, to require a tion under subsection (a) of a covered trans- scribed in this paragraph is an entity— strategy and report on economic secu- action that involves an investment described ‘‘(A)(i) that is engaged in the biological, rity, science, research, innovation, in subsection (a)(4)(B)(iii)(III) by a foreign microbiological, serological, chemical, manufacturing, and job creation, to es- person in a United States business that immuno-hematological, hematological, bio- tablish a critical supply chain resil- maintains or collects information about ge- physical, cytological, pathological, or other netic tests of United States citizens, includ- examination of materials derived from the iency program, and for other purposes; ing any such information relating to human body for the purpose of providing in- which was ordered to lie on the table; genomic sequencing.’’. formation for the diagnosis, prevention, or as follows: (3) REGULATIONS.—Not later than 180 days treatment of any disease or impairment of, At the appropriate place in subtitle A of after the date of the enactment of this Act, or the assessment of the health of, people of title I of division F, insert the following: the Committee on Foreign Investment in the the United States; or SEC. 61ll. NIH STRATEGIC PLAN. United States shall prescribe regulations to ‘‘(ii) that handles or has access to any data Section 402(m)(2) of the Public Health carry out the amendments made by this sub- related to people of the United States that is Service Act (42 U.S.C. 282(m)(2)) is amend- section. derived from any activity described in clause ed— (b) EXPANSION OF COMMITTEES RECEIVING (i); and (1) in subparagraph (E), by striking ‘‘; and’’ ANNUAL TESTIMONY FROM COMMITTEE ON FOR- ‘‘(B)(i) over which control is exercised or and inserting a semicolon; EIGN INVESTMENT IN THE UNITED STATES.— exercisable by the Government of the Peo- (2) by redesignating subparagraph (F) as Section 721(o) of the Defense Production Act ple’s Republic of China, a national of the subparagraph (G); and of 1950 (50 U.S.C. 4565(o)) is amended— People’s Republic of China, or an entity or- (3) by inserting after subparagraph (E) the (1) in paragraph (1), in the matter pre- ganized under the laws of the People’s Re- following: ceding subparagraph (A), by striking ‘‘the public of China; or ‘‘(F) address national security issues, in- Committee on Financial Services of the ‘‘(ii) in which the Government of the Peo- cluding ways in which the National Insti- House of Representatives and the Committee ple’s Republic of China has a substantial in- tutes of Health can engage with other Fed- on Banking, Housing, and Urban Affairs of terest.’’. eral agencies to modernize the national secu- the Senate’’ and inserting ‘‘the committees rity strategy of the National Institutes of specified in paragraph (2)’’; SA 1938. Mr. RUBIO submitted an Health; and’’. amendment intended to be proposed to (2) by redesignating paragraph (2) as para- graph (3); and amendment SA 1502 proposed by Mr. SA 1940. Mr. RUBIO submitted an (3) by inserting after paragraph (1) the fol- SCHUMER to the bill S. 1260, to establish amendment intended to be proposed to lowing: a new Directorate for Technology and amendment SA 1502 proposed by Mr. ‘‘(2) COMMITTEES SPECIFIED.—The commit- Innovation in the National Science SCHUMER to the bill S. 1260, to establish tees specified in this paragraph are—

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.014 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3354 CONGRESSIONAL RECORD — SENATE May 24, 2021 ‘‘(A) the Committee on Banking, Housing, countability and Prevention Act of 2021’’ or (D) supporting candidates for positions and Urban Affairs, the Committee on For- as the ‘‘TRAP Act of 2021’’. within INTERPOL’s structures, including eign Relations, and the Select Committee on (b) FINDINGS.—Congress makes the fol- the Presidency, Executive Committee, Gen- Intelligence of the Senate; and lowing findings: eral Secretariat, and CCF who have dem- ‘‘(B) the Committee on Financial Services, (1) The International Criminal Police Or- onstrated experience relating to and respect the Committee on Foreign Affairs, and the ganization (INTERPOL) works to prevent for the rule of law; Permanent Select Committee on Intelligence and fight crime through enhanced coopera- (E) seeking to require INTERPOL in its an- of the House of Representatives.’’. tion and innovation on police and security nual report to provide a detailed account, (c) EFFECTIVE DATE; APPLICABILITY.—The matters, including kleptocracy, counterter- disaggregated by member country or entity amendments made by this section shall— rorism, cybercrime, counternarcotics, and of— (1) take effect on the date that is 90 days transnational organized crime. (i) the number of Notice requests, after the date of the enactment of this Act; (2) United States membership and partici- disaggregated by color, that it received; and pation in INTERPOL advances the national (ii) the number of Notice requests, (2) apply with respect to any covered trans- security and law enforcement interests of disaggregated by color, that it rejected; action the review or investigation of which the United States related to combating (iii) the category of violation identified in is initiated under section 721 of the Defense kleptocracy, terrorism, cybercrime, nar- each instance of a rejected Notice; Production Act of 1950 on or after the date cotics, and transnational organized crime. (iv) the number of Diffusions that it can- described in paragraph (1). (3) Article 2 of INTERPOL’s Constitution celled without reference to decisions by the states that the organization aims ‘‘[to] en- CCF; and SA 1941. Mr. RUBIO submitted an sure and promote the widest possible mutual (v) the sources of all INTERPOL income amendment intended to be proposed by assistance between all criminal police au- during the reporting period; and him to the bill S. 1260, to establish a thorities . . . in the spirit of the ‘Universal (F) supporting greater transparency by the Declaration of Human Rights’ ’’. CCF in its annual report by providing a de- new Directorate for Technology and In- (4) Article 3 of INTERPOL’s Constitution novation in the National Science Foun- tailed account, disaggregated by country, states that ‘‘[i]t is strictly forbidden for the of— dation, to establish a regional tech- Organization to undertake any intervention (i) the number of admissible requests for nology hub program, to require a strat- or activities of a political, military, reli- correction or deletion of data received by the egy and report on economic security, gious or racial character’’. CCF regarding issued Notices, Diffusions, science, research, innovation, manufac- (5) These principles provide INTERPOL and other INTERPOL communications; and turing, and job creation, to establish a with a foundation based on respect for (ii) the category of violation alleged in critical supply chain resiliency pro- human rights and avoidance of politically each such complaint; motivated actions by the organization and (2) inform the INTERPOL General Secre- gram, and for other purposes; which its members. was ordered to lie on the table; as fol- tariat about incidents in which member (6) According to the Justice Manual of the countries abuse INTERPOL communications lows: United States Department of Justice, ‘‘[i]n for politically motivated or other unlawful On page 275, between lines 22 and 23, insert the United States, national law prohibits the purposes so that, as appropriate, action can the following: arrest of the subject of a Red Notice issued be taken by INTERPOL; and ‘‘(12) How the eligible consortium will ad- by another INTERPOL member country, (3) request to censure member countries vance biosecurity practices. based upon the notice alone’’. that repeatedly abuse and misuse (c) SENSE OF CONGRESS.—It is the sense of INTERPOL’s red notice and red diffusion SA 1942. Mr. HOEVEN submitted an Congress that some INTERPOL member mechanisms, including restricting the access amendment intended to be proposed to countries have repeatedly misused of those countries to INTERPOL’s data and INTERPOL’s databases and processes, in- information systems. amendment SA 1502 proposed by Mr. cluding Notice and Diffusion mechanisms, SCHUMER to the bill S. 1260, to establish for activities of an overtly political or other (e) REPORT ON INTERPOL.— a new Directorate for Technology and unlawful character and in violation of inter- (1) IN GENERAL.—Not later than 180 days Innovation in the National Science national human rights standards, including after the date of enactment of this Act, and Foundation, to establish a regional making requests to harass or persecute polit- biannually thereafter for a period of 4 years, the Attorney General and the Secretary of technology hub program, to require a ical opponents, human rights defenders, or journalists. State, in consultation with the heads of strategy and report on economic secu- (d) SUPPORT FOR INTERPOL INSTITUTIONAL other relevant United States Government de- rity, science, research, innovation, REFORMS.—The Attorney General and the partments or agencies, shall submit to the manufacturing, and job creation, to es- Secretary of State shall— appropriate committees of Congress a report tablish a critical supply chain resil- (1) use the voice, vote, and influence of the containing an assessment of how INTERPOL iency program, and for other purposes; United States, as appropriate, within member countries abuse INTERPOL Red No- which was ordered to lie on the table; INTERPOL’s General Assembly and Execu- tices, Diffusions, and other INTERPOL com- as follows: tive Committee to promote reforms aimed at munications for political motives and other improving the transparency of INTERPOL unlawful purposes within the past three On page 79, between lines 22 and 23, insert and ensuring its operation consistent with years. the following: its Constitution, particularly articles 2 and (2) ELEMENTS.—The report required under (11) how the applicant will utilize existing 3, and Rules on the Processing of Data, in- paragraph (1) shall include the following ele- infrastructure, such as clean rooms, nec- cluding— ments: essary to operate the test bed. (A) supporting INTERPOL’s reforms en- (A) A list of countries that the Attorney hancing the screening process for Notices, General and the Secretary determine have SA 1943. Mr. WICKER (for himself, Diffusions, and other INTERPOL commu- repeatedly abused and misused the red notice Mr. CARDIN, and Mr. MENENDEZ) sub- nications to ensure they comply with and red diffusion mechanisms for political mitted an amendment intended to be INTERPOL’s Constitution and Rules on the purposes. proposed to amendment SA 1502 pro- Processing of Data (RPD); (B) A description of the most common tac- posed by Mr. SCHUMER to the bill S. (B) supporting and strengthening tics employed by member countries in con- 1260, to establish a new Directorate for INTERPOL’s coordination with the Commis- ducting such abuse, including the crimes Technology and Innovation in the Na- sion for Control of INTERPOL’s Files (CCF) most commonly alleged and the INTERPOL in cases in which INTERPOL or the CCF has communications most commonly exploited. tional Science Foundation, to establish determined that a member country issued a (C) An assessment of the adequacy of a regional technology hub program, to Notice, Diffusion, or other INTERPOL com- INTERPOL mechanisms for challenging abu- require a strategy and report on eco- munication against an individual in viola- sive requests, including the Commission for nomic security, science, research, inno- tion of articles 2 or 3 of the INTERPOL Con- the Control of INTERPOL’s Files (CCF), an vation, manufacturing, and job cre- stitution, or the RPD, to prohibit such mem- assessment of the CCF’s March 2017 Oper- ation, to establish a critical supply ber country from seeking the publication or ating Rules, and any shortcoming the United chain resiliency program, and for other issuance of any subsequent Notices, Diffu- States believes should be addressed. purposes; which was ordered to lie on sions, or other INTERPOL communication (D) A description of how INTERPOL’s Gen- against the same individual based on the eral Secretariat identifies requests for red the table; as follows: same set of claims or facts; notice or red diffusions that are politically At the end of subtitle A of title II of divi- (C) increasing, to the extent practicable, motivated or are otherwise in violation of sion C, add the following: dedicated funding to the CCF and the No- INTERPOL’s rules and how INTERPOL re- SEC. 3219L. TRANSNATIONAL REPRESSION AC- tices and Diffusions Task Force in order to views and addresses cases in which a member COUNTABILITY AND PREVENTION. further expand operations related to the re- country has abused or misused the red notice (a) SHORT TITLE.—This section may be view of requests for red notices and red diffu- and red diffusion mechanisms for overtly po- cited as the ‘‘Transnational Repression Ac- sions; litical purposes.

VerDate Sep 11 2014 03:34 May 25, 2021 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.009 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3355 (E) A description of any incidents in which (B) the Committee on Foreign Affairs and Amounts made available to the Department the Department of Justice assesses that the Committee on the Judiciary of the House of Energy for commitments to guarantee United States courts and executive depart- of Representatives. loans under section 1703 of the Energy Policy ments or agencies have relied on INTERPOL (2) INTERPOL COMMUNICATIONS.—The term Act of 2005 (42 U.S.C. 16513) before the date of communications in contravention of existing ‘‘INTERPOL communications’’ means any enactment of this Act shall not be made law or policy to seek the detention of indi- INTERPOL Notice or Diffusion or any entry available for commitments to guarantee viduals or render judgments concerning their into any INTERPOL database or other com- loans for projects described in paragraph (13) immigration status or requests for asylum, munications system maintained by of section 1703(b) of the Energy Policy Act of with holding of removal, or convention INTERPOL. 2005 (42 U.S.C. 16513(b)). against torture claims and any measures the Department of Justice or other executive de- SA 1944. Mr. RUBIO submitted an SA 1946. Mr. GRAHAM submitted an partments or agencies took in response to amendment intended to be proposed to amendment intended to be proposed to these incidents. amendment SA 1502 proposed by Mr. amendment SA 1502 proposed by Mr. (F) A description of how the United States SCHUMER to the bill S. 1260, to establish SCHUMER to the bill S. 1260, to establish monitors and responds to likely instances of a new Directorate for Technology and a new Directorate for Technology and abuse of INTERPOL communications by Innovation in the National Science member countries that could affect the in- Innovation in the National Science terests of the United States, including citi- Foundation, to establish a regional Foundation, to establish a regional zens and nationals of the United States, em- technology hub program, to require a technology hub program, to require a ployees of the United States Government, strategy and report on economic secu- strategy and report on economic secu- aliens lawfully admitted for permanent resi- rity, science, research, innovation, rity, science, research, innovation, dence in the United States, aliens who are manufacturing, and job creation, to es- manufacturing, and job creation, to es- lawfully present in the United States, or tablish a critical supply chain resil- tablish a critical supply chain resil- aliens with pending asylum, withholding of iency program, and for other purposes; iency program, and for other purposes; removal, or convention against torture which was ordered to lie on the table; claims, though they may be unlawfully which was ordered to lie on the table; present in the United States. as follows: as follows: (G) A description of what actions the At the appropriate place in subtitle A of At the end, add the following: United States takes in response to credible title I of division F, insert the following: SEC. 61ll. PROHIBITED USE OF NIH FUNDING. DIVISION G—COMBATING CHINESE THEFT information it receives concerning likely OF TRADE SECRETS abuse of INTERPOL communications tar- Notwithstanding any other provision of geting employees of the United States Gov- law, no amounts made available to the Na- SEC. 7001. SHORT TITLE. ernment for activities they undertook in an tional Institutes of Health may be used with This division may be cited as the ‘‘Com- official capacity. respect to activities carried out by any com- bating Chinese Purloining of Trade Secrets (H) A description of United States advo- pany or its subcontractors or subsidiaries— Act’’ or the ‘‘CCP Trade Secrets Act’’. cacy for reform and good governance within (1) over which control is exercised or exer- TITLE I—INCREASED PENALTIES FOR VIO- INTERPOL. cisable by the Government of the People’s LATIONS OF SECTION 2512 OF TITLE 18, (I) A strategy for improving interagency Republic of China, a national of the People’s UNITED STATES CODE, INVOLVING A coordination to identify and address in- Republic of China, or an entity organized FOREIGN GOVERNMENT stances of INTERPOL abuse that affect the under the laws of the People’s Republic of China; or SEC. 7101. MANUFACTURE, DISTRIBUTION, POS- interests of the United States, including SESSION, AND ADVERTISING OF international respect for human rights and (2) in which the Government of the Peo- WIRE, ORAL, OR ELECTRONIC COM- fundamental freedoms, citizens and nation- ple’s Republic of China has a substantial in- MUNICATION INTERCEPTING DE- als of the United States, employees of the terest. VICES PROHIBITED. United States Government, aliens lawfully (a) IN GENERAL.—Section 2512 of title 18, admitted for permanent residence in the SA 1945. Mr. LANKFORD (for him- United States Code, is amended by adding at United States, aliens who are lawfully self, Mr. KING, and Ms. MURKOWSKI) the end the following: present in the United States, or aliens with submitted an amendment intended to ‘‘(4) Any person who violates this section pending asylum, withholding of removal, or be proposed to amendment SA 1502 pro- with the intent to benefit any government of convention against torture claims, though posed by Mr. SCHUMER to the bill S. a foreign country (as defined in section 1 of they may be unlawfully present in the 1260, to establish a new Directorate for the Foreign Agents Registration Act of 1938, United States. Technology and Innovation in the Na- as amended (22 U.S.C. 611)), agency or instru- mentality of a foreign state (as defined in (3) FORM OF REPORT.—Each report required tional Science Foundation, to establish under this subsection shall be submitted in section 1603(b) of title 28, United States unclassified form, but may include a classi- a regional technology hub program, to Code), or agent of a foreign principal (as de- fied annex, as appropriate. The unclassified require a strategy and report on eco- fined in section 1 of the Foreign Agents Reg- portion of the report shall be posted on a nomic security, science, research, inno- istration Act of 1938, as amended (22 U.S.C. publicly available website of the Department vation, manufacturing, and job cre- 611)) shall be fined under this title, impris- of State and of the Department of Justice. ation, to establish a critical supply oned for not more than 20 years, or both.’’. (4) BRIEFING.—Not later than 30 days after chain resiliency program, and for other (b) SENTENCING ENHANCEMENT FOR FOREIGN the submission of each report under para- purposes; which was ordered to lie on INVOLVEMENT IN VIOLATIONS OF SECTION 2512 OF TITLE 18, UNITED STATES CODE.—Pursuant graph (1), the Department of Justice and the the table; as follows: Department of State, in coordination with to its authority under section 994 of title 28, other relevant United States Government de- At the end of title III of division F, add the United States Code, the United States Sen- partments and agencies, shall brief the ap- following: tencing Commission shall review and amend propriate committees of Congress on the SEC. 63ll. LOAN GUARANTEES FOR PROJECTS the Federal sentencing guidelines to ensure content of the reports and recent instances THAT INCREASE THE DOMESTIC that the guidelines provide an additional SUPPLY OF CRITICAL MINERALS. of INTERPOL abuse by member countries penalty increase of not fewer than 4 offense (a) IN GENERAL.—Section 1703(b) of the En- and United States efforts to identify and levels if the defendant violated section 2512 ergy Policy Act of 2005 (42 U.S.C. 16513(b)) is challenge such abuse, including efforts to of title 18, United States Code, with the in- amended by adding at the end the following: promote reform and good governance within tent to benefit any government of a foreign ‘‘(13) Projects that increase the domestic INTERPOL. country, agency or instrumentality of a for- supply of critical minerals (as defined in sec- eign state, or agent of a foreign principal. (f) PROHIBITION REGARDING BASIS FOR EX- tion 7002(a) of the Energy Act of 2020 (30 TRADITION.—No United States Government U.S.C. 1606(a)), including through the produc- TITLE II—PROTECTING U.S. BUSINESSES department or agency may extradite an indi- tion, processing, and recycling of critical FROM FOREIGN TRADE SECRET THEFT vidual based solely on an INTERPOL Red minerals and the fabrication of mineral al- SEC. 7201. SHORT TITLE. Notice or Diffusion issued by another ternatives.’’. This title may be cited as the ‘‘Protecting INTERPOL member country for such indi- (b) PROHIBITION ON USE OF PREVIOUSLY AP- U.S. Businesses from Foreign Trade Secrets PROPRIATED FUNDS.—Amounts appropriated vidual. Theft Act of 2021’’. to the Department of Energy before the date SEC. 7202. PROHIBITION ON MISAPPROPRIATING (g) DEFINITIONS.—In this section: of enactment of this Act shall not be made U.S. TRADE SECRETS. (1) APPROPRIATE COMMITTEES OF CON- available for the cost of loan guarantees (a) IN GENERAL.—Chapter 90 of title 18, GRESS.—The term ‘‘appropriate committees made under paragraph (13) of section 1703(b) United States Code, is amended by adding at of Congress’’ means— of the Energy Policy Act of 2005 (42 U.S.C. the end the following: (A) the Committee on Foreign Relations 16513(b)). and the Committee on the Judiciary of the (c) PROHIBITION ON USE OF PREVIOUSLY ‘‘§ 1840. Applicability to foreign persons Senate; and AVAILABLE COMMITMENT AUTHORITY.— ‘‘(a) DEFINITIONS.—In this section—

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States; torney General shall determine whether the ‘‘(F) EXPORT-IMPORT BANK ASSISTANCE FOR ‘‘(F) the Department of State; and petition satisfies the requirements under EXPORTS TO FOREIGN PERSON.—The Export- ‘‘(G) the United States Patent and Trade- that paragraph. Import Bank of the United States may refuse mark Office; ‘‘(3) NOTIFICATION.—If the Attorney Gen- to approve the issuance of any guarantee, in- ‘‘(3) the term ‘foreign person’ means a per- eral determines under paragraph (2) that a surance, extension of credit, or participation son that is not a United States person; petition satisfies the requirements under in the extension of credit in connection with ‘‘(4) the term ‘International Trade Com- paragraph (1), the Attorney General shall so the export of any goods or services to the of- mission’ means the United States Inter- notify the head of each designated Federal fending foreign person. national Trade Commission; agency not later than 30 days after the date ‘‘(G) EXCLUSION OF CORPORATE OFFICERS.— ‘‘(5) the term ‘offending foreign person’ of the determination. The Secretary of State may deny a visa ap- means a foreign person— ‘‘(4) SENSE OF CONGRESS.—It is the sense of plication, and the Secretary of Homeland Se- ‘‘(A) who misappropriates a trade secret; Congress that if the Attorney General deter- curity may deny an application for admis- and mines under paragraph (2) that a petition re- ‘‘(B) with respect to whom a petition sub- lating to a foreign person satisfies the re- sion to the United States, of any alien that mitted under subsection (b)(1) satisfies the quirements under paragraph (1), the Attor- the applicable Secretary determines is a cor- requirements under that subsection, as de- ney General and the head of each designated porate officer or principal of, or a share- termined by the Attorney General; Federal agency should impose 1 or more pen- holder with a controlling interest in, the of- ‘‘(6) the term ‘person’ means— alties on the foreign person under subsection fending foreign person. ‘‘(A) an individual; and (c), to the extent that the penalties are ap- ‘‘(H) OTHER PENALTIES.—The Attorney ‘‘(B) a corporation, business association, plicable. General or the head of a designated Federal partnership, society, or trust, any other non- ‘‘(c) PENALTIES.— agency— governmental entity, organization, or group, ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(i) may not procure, or enter into a con- and any governmental entity operating as a and (3), not later than 90 days after the date tract for the procurement of, any goods or business enterprise; and on which the Attorney General provides no- services from the offending foreign person; ‘‘(7) the term ‘United States person’ tice to the head of each designated Federal ‘‘(ii) may prohibit, pursuant to notice means— agency under subsection (b)(3) with respect issued by the Attorney General, a United ‘‘(A) a United States citizen or an alien to an offending foreign person, the Attorney States person from knowingly investing in lawfully admitted for permanent residence General or the head of a designated Federal or purchasing significant amounts of equity to the United States; agency, as applicable, may impose 1 or more or debt instruments of the offending foreign ‘‘(B) a corporation or other legal entity of the following penalties on the offending person; that is organized under the laws of the foreign person: ‘‘(iii) may impose on a principal executive United States, any State or territory there- ‘‘(A) IMPORT RESTRICTION.—The Commis- officer of the offending foreign person, or on of, or the District of Columbia; and sioner of U.S. Customs and Border Protec- an individual performing similar functions ‘‘(C) a corporation or other legal entity— tion may exclude from entry into the United and with similar authorities as such an offi- ‘‘(i) organized under the laws of a jurisdic- States any articles produced by the offend- cer, any penalty under this subsection that tion outside of the United States; and ing foreign person. could be imposed on the offending foreign ‘‘(ii) with respect to which a United States ‘‘(B) EXPORT LICENSES.— person; and person described in subparagraph (A) or (B)— ‘‘(i) DUAL-USE EXPORTS.—The Secretary of ‘‘(iv) may impose on the offending foreign ‘‘(I) holds more than 50 percent of the eq- Commerce may refuse to issue any specific person any other penalty authorized under uity interest by vote or value; license, or grant any other specific permis- any provision of Federal law, as determined ‘‘(II) holds a majority of seats on the board sion or authority, for the export, reexport, or appropriate. of directors; or in-country transfer of items to the offending ‘‘(2) DURATION OF PENALTIES.— ‘‘(III) otherwise controls the actions, poli- foreign person under the Export Control Re- ‘‘(A) TEMPORARY PENALTY.—If a court en- cies, or personnel decisions. form Act of 2018 (50 U.S.C. 4801 et seq.). ters a temporary restraining order or pre- ‘‘(b) PETITION FOR RELIEF.— ‘‘(ii) DEFENSE ARTICLES AND DEFENSE SERV- liminary injunction under section 1836 of ‘‘(1) DEMONSTRATION OF MISAPPROPRIA- ICES.—The Secretary of State may refuse to this title against an offending foreign person TION.—If an owner of a trade secret, who is a issue any license or other approval for the for misappropriating a trade secret, the United States person, wishes to have the At- export of defense articles or defense services International Trade Commission issues a torney General or the head of the applicable to the offending foreign person under the temporary exclusion order under section 337 designated Federal agency apply a penalty Arms Export Control Act (22 U.S.C. 2751 et of the Tariff Act of 1930 (19 U.S.C. 1337) under subsection (c) to a foreign person who seq.). against an offending foreign person for mis- has misappropriated the trade secret, the ‘‘(C) RESTRICTED PARTIES.— appropriating a trade secret, or an indict- owner shall submit to the Attorney General ‘‘(i) COMMERCE LISTS.—The Secretary of ment is issued under section 1831 or 1832 of a petition demonstrating that— Commerce may add the offending foreign this title against an offending foreign person ‘‘(A)(i) a court has entered a temporary re- person to one of the following lists main- for misappropriating a trade secret, the At- straining order, preliminary injunction, or tained by the Bureau of Industry and Sec- torney General or the head of a designated final judgment under section 1836 of this retary of the Department of Commerce: Federal agency may impose a penalty under title against the foreign person for misappro- ‘‘(I) The Entity List set forth in Supple- paragraph (1) on the offending foreign person priating a trade secret of the owner; ment No. 4 to part 744 of the Export Adminis- during the period during which the tem- ‘‘(ii) the International Trade Commission tration Regulations under subchapter C of porary restraining order, preliminary injunc- has issued a temporary exclusion order or chapter VII of title 15, Code of Federal Regu- tion, temporary exclusion order, or indict- final exclusion order under section 337 of the lations. ment remains in effect. Tariff Act of 1930 (19 U.S.C. 1337) against the ‘‘(II) The Denied Persons List maintained ‘‘(B) PERMANENT PENALTY.—If a court en- foreign person for misappropriating a trade pursuant to section 764.3 of the Export Ad- ters a final judgment under section 1836 of secret of the owner; or ministration Regulations. this title against an offending foreign person ‘‘(iii) an indictment has been issued under ‘‘(ii) TREASURY LIST.—The Secretary of the for misappropriating a trade secret, the section 1831 or 1832 of this title against the Treasury may add the offending foreign per- International Trade Commission issues a foreign person for misappropriating a trade son to the list of specially designated nation- final exclusion order under section 337 of the secret of the owner; als and blocked persons maintained by the Tariff Act of 1930 (19 U.S.C. 1337) against an ‘‘(B) the trade secret described in the appli- Office of Foreign Assets Control of the De- offending foreign person for misappro- cable clause of subparagraph (A) involves or partment of the Treasury. priating a trade secret, or an offending for- is a component of critical technology; and ‘‘(D) SECURITIES REPORTING.—The Securi- eign person is convicted under section 1831or ‘‘(C) the remedies available to the owner ties and Exchange Commission may deter- 1832 of this title of misappropriating a trade under section 1836 of this title or section 337 mine whether the use by the offending for- secret, the Attorney General or the head of a of the Tariff Act of 1930 (19 U.S.C. 1337), as eign person of the misappropriated trade se- designated Federal agency may permanently

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impose a penalty under paragraph (1) on the (b) TABLE OF SECTIONS.—The table of sec- (b) TECHNICAL AND CONFORMING AMEND- foreign person. tions for chapter 90 of title 18, United States MENT.—The table of sections for chapter 119 ‘‘(3) PETITION FOR REVIEW.— Code, is amended by adding at the end the is amended by striking the item relating to ‘‘(A) IN GENERAL.—If the Attorney General following: section 2513 and inserting the following: or the head of a designated Federal agency ‘‘1840. Applicability to foreign persons.’’. ‘‘2513. Confiscation of wire, oral, or elec- imposes a temporary penalty under para- TITLE III—COMBATING CYBERCRIME tronic communication inter- graph (2)(A) or a permanent penalty under cepting devices and other prop- paragraph (2)(B) on an offending foreign per- SEC. 7301. SHORT TITLE. erty.’’. son, the offending foreign person may submit This title may be cited as the ‘‘Inter- SEC. 7304. SHUTTING DOWN BOTNETS. to the Attorney General or the head of the national Cybercrime Prevention Act’’. (a) IN GENERAL.—Section 1345 of title 18, designated Federal agency a petition for the SEC. 7302. PREDICATE OFFENSES. United States Code, is amended— revocation or modification of the penalty— Part I of title 18, United States Code, is (1) in the heading, by inserting ‘‘AND ‘‘(i) not later 45 days after the date on amended— ABUSE’’ after ‘‘FRAUD’’; which the penalty is imposed; or (1) in section 1956(c)(7)(D)— (2) in subsection (a)— ‘‘(ii) in the case of a permanent penalty, if (A) by striking ‘‘or section 2339D’’ and in- (A) in paragraph (1)— the final judgment, final exclusion order, or serting ‘‘section 2339D’’; and (i) in subparagraph (B), by striking ‘‘or’’ at conviction upon which the permanent pen- (B) by striking ‘‘of this title, section 46502’’ the end; alty is based is reversed on appeal or other- and inserting ‘‘, or section 2512 (relating to (ii) in subparagraph (C), by inserting ‘‘or’’ wise vacated, not later than 45 days after the the manufacture, distribution, possession, after the semicolon; and date of the reversal or vacatur. and advertising of wire, oral, or electronic (iii) by inserting after subparagraph (C) the ‘‘(B) CONTENTS OF PETITION.— communication intercepting devices) of this following: ‘‘(i) IN GENERAL.—An offending foreign per- title, section 46502’’; and ‘‘(D) violating or about to violate section son shall include in a petition submitted (2) in section 1961(1), by inserting ‘‘section 1030(a)(5) of this title where such conduct has under subparagraph (A) a full written state- 1030 (relating to fraud and related activity in caused or would cause damage (as defined in ment in support of the position of the offend- connection with computers) if the act indict- section 1030) without authorization to 100 or ing foreign person, including a precise state- able under section 1030 is felonious,’’ before more protected computers (as defined in sec- ment of why— ‘‘section 1084’’. tion 1030) during any 1-year period, including ‘‘(I) an insufficient basis exists for the pen- by— alty; or SEC. 7303. FORFEITURE. ‘‘(i) impairing the availability or integrity ‘‘(II) the circumstances resulting in the (a) IN GENERAL.—Section 2513 of title 18, of the protected computers without author- penalty no longer apply. United States Code, is amended to read as ization; or ‘‘(ii) REMEDIAL STEPS.—An offending for- follows: ‘‘(ii) installing or maintaining control over eign person may, in a petition submitted ‘‘SEC. 2513. CONFISCATION OF WIRE, ORAL, OR under subparagraph (A), propose remedial ELECTRONIC COMMUNICATION malicious software on the protected com- steps that would negate the basis for the INTERCEPTING DEVICES AND puters that, without authorization, has penalty. OTHER PROPERTY. caused or would cause damage to the pro- tected computers;’’; and ‘‘(C) DETERMINATION.—The Attorney Gen- ‘‘(a) CRIMINAL FORFEITURE.— eral or the head of a designated Federal ‘‘(1) IN GENERAL.—The court, in imposing a (B) in paragraph (2), in the matter pre- agency, as applicable, shall make a deter- sentence on any person convicted of a viola- ceding subparagraph (A), by inserting ‘‘, a mination with respect to a petition sub- tion of section 2511 or 2512, or convicted of violation described in subsection (a)(1)(D),’’ mitted under subparagraph (A). conspiracy to violate section 2511 or 2512, before ‘‘or a Federal’’; and ‘‘(d) REPORT.— shall order, in addition to any other sentence (3) by adding at the end the following: ‘‘(1) IN GENERAL.—Not later than 1 year imposed and irrespective of any provision of ‘‘(c) A restraining order, prohibition, or after the date of enactment of this section, State law, that such person forfeit to the other action described in subsection (b), if and each year thereafter, the Attorney Gen- United States— issued in circumstances described in sub- eral, in coordination with the head of each ‘‘(A) such person’s interest in any prop- section (a)(1)(D), may, upon application of designated Federal agency, shall submit to erty, real or personal, that was used or in- the Attorney General— the Committee on the Judiciary of the Sen- tended to be used to commit or to facilitate ‘‘(1) specify that no cause of action shall ate and the Committee on the Judiciary of the commission of such violation; and lie in any court against a person for com- the House of Representatives a report that— ‘‘(B) any property, real or personal, consti- plying with the restraining order, prohibi- ‘‘(A) with respect to the preceding year— tuting or derived from any gross proceeds, or tion, or other action; and ‘‘(i) identifies foreign countries, state- any property traceable to such property, ‘‘(2) provide that the United States shall owned and state-controlled entities, and that such person obtained or retained di- pay to such person a fee for reimbursement other persons that engaged in the misappro- rectly or indirectly as a result of such viola- for such costs as are reasonably necessary priation of trade secrets owned by United tion. and which have been directly incurred in States persons; ‘‘(2) FORFEITURE PROCEDURES.—Pursuant to complying with the restraining order, prohi- ‘‘(ii) describes any strategy used by a for- section 2461(c) of title 28, the provisions of bition, or other action.’’. eign country to undertake misappropriation section 413 of the Controlled Substances Act (b) TECHNICAL AND CONFORMING AMEND- of trade secrets owned by United States per- (21 U.S.C. 853), other than subsection (d) MENT.—The table of sections for chapter 63 of sons; thereof, shall apply to criminal forfeitures title 18, United States Code, is amended by ‘‘(iii) identifies categories of technologies under this subsection. striking the item relating to section 1345 and developed by, or trade secrets owned by, ‘‘(b) CIVIL FORFEITURE.— inserting the following: United States persons that were targeted for ‘‘(1) IN GENERAL.—The following shall be ‘‘1345. Injunctions against fraud and abuse.’’. misappropriation; subject to forfeiture to the United States in SEC. 7305. AGGRAVATED DAMAGE TO A CRITICAL ‘‘(iv) lists legal actions taken under sec- accordance with provisions of chapter 46 and INFRASTRUCTURE COMPUTER. tion 1836 of this title, section 337 of the Tar- no property right shall exist in them: (a) IN GENERAL.—Chapter 47 of title 18, iff Act of 1930 (19 U.S.C. 1337), or section 1831 ‘‘(A) Any property, real or personal, used United States Code, is amended by inserting or 1832 of this title— or intended to be used, in any manner, to after section 1030 the following: ‘‘(I) against an offending foreign person commit, or facilitate the commission of a ‘‘§ 1030A. Aggravated damage to a critical in- who misappropriated a trade secret owned by violation of section 2511 or 2512, or a con- frastructure computer a United States person; and spiracy to violate section 2511 or 2512. ‘‘(a) OFFENSE.—It shall be unlawful, during ‘‘(II) as a result of which the products of ‘‘(B) Any property, real or personal, consti- and in relation to a felony violation of sec- the offending foreign person described in tuting, or traceable to the gross proceeds tion 1030, to knowingly cause or attempt to subclause (I) may never enter the United taken, obtained, or retained in connection cause damage to a critical infrastructure States; and with or as a result of a violation of section computer, if such damage results in (or, in ‘‘(v) describes progress made in decreasing 2511 or 2512, or a conspiracy to violate sec- the case of an attempted offense, would, if the prevalence of misappropriation of trade tion 2511 or 2512. completed, have resulted in) the substantial secrets owned by United States persons; and ‘‘(2) FORFEITURE PROCEDURES.—Seizures impairment— ‘‘(B) recommends strategies to the Com- and forfeitures under this subsection shall be ‘‘(1) of the operation of the critical infra- mittee on the Judiciary of the Senate and governed by the provisions of chapter 46 re- structure computer; or the Committee on the Judiciary of the House lating to civil forfeitures, except that such ‘‘(2) of the critical infrastructure associ- of Representatives to decrease the misappro- duties as are imposed on the Secretary of the ated with such computer. priation by foreign persons of trade secrets Treasury under the customs laws described ‘‘(b) PENALTY.—Any person who violates owned by United States persons. in section 981(d) shall be performed by such subsection (a) shall, in addition to the term ‘‘(2) FORM OF REPORT.— A report submitted officers, agents, and other persons as may be of punishment provided for the felony viola- under paragraph (1) shall be submitted in un- designated for that purpose by the Secretary tion of section 1030, be fined under this title, classified form but may contain a classified of Homeland Security or the Attorney Gen- imprisoned for not more than 20 years, or annex.’’. eral.’’. both.

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‘‘(c) CONSECUTIVE SENTENCE.—Notwith- know that a protected computer would be for the receipt of, or as consideration for a standing any other provision of law— accessed or damaged without authorization promise or agreement to pay, anything of pe- ‘‘(1) a court shall not place any person con- in a manner prohibited by this section as the cuniary value.’’; victed of a violation of this section on proba- result of such trafficking;’’; (4) in subsection (g), in the first sentence, tion; (C) in paragraph (7), by adding ‘‘or’’ at the by inserting ‘‘, except for a violation of sub- ‘‘(2) except as provided in paragraph (4), no end; and section (a)(6),’’ after ‘‘of this section’’; and term of imprisonment imposed on a person (D) by inserting after paragraph (7) the fol- (5) by striking subsections (i) and (j) and under this section shall run concurrently lowing: inserting the following: with any term of imprisonment imposed on ‘‘(8) intentionally traffics in the means of ‘‘(i) CRIMINAL FORFEITURE.— the person under any other provision of law, access to a protected computer, if— ‘‘(1) IN GENERAL.—The court, in imposing a including any term of imprisonment imposed ‘‘(A) the trafficker knows or has reason to sentence on any person convicted of a viola- for the felony violation of section 1030; know the protected computer has been dam- tion of this section, or convicted of con- ‘‘(3) in determining any term of imprison- aged in a manner prohibited by this section; spiracy to violate this section, shall order, in ment to be imposed for the felony violation and addition to any other sentence imposed and of section 1030, a court shall not in any way ‘‘(B) the promise or agreement to pay for irrespective of any provision of State law, reduce the term to be imposed for such viola- the means of access is made by, or on behalf that such person forfeit to the United tion to compensate for, or otherwise take of, a person the trafficker knows or has rea- States— into account, any separate term of imprison- son to know intends to use the means of ac- ‘‘(A) such person’s interest in any prop- ment imposed or to be imposed for a viola- cess to— erty, real or personal, that was used or in- tion of this section; and ‘‘(i) damage a protected computer without tended to be used to commit or to facilitate ‘‘(4) a term of imprisonment imposed on a authorization; or the commission of such violation; and person for a violation of this section may, in ‘‘(ii) violate section 1037 or 1343;’’; ‘‘(B) any property, real or personal, consti- the discretion of the court, run concurrently, (2) in subsection (c)— tuting or derived from any gross proceeds, or in whole or in part, only with another term (A) in paragraph (2), by striking ‘‘, (a)(3), any property traceable to such property, of imprisonment that is imposed by the or (a)(6)’’ each place it appears and inserting that such person obtained or retained, di- court at the same time on that person for an ‘‘or (a)(3)’’; rectly or indirectly, as a result of such viola- additional violation of this section, if such (B) in paragraph (3)— tion. discretion shall be exercised in accordance (i) in subparagraph (A), by striking ‘‘(a)(4) ‘‘(2) FORFEITURE PROCEDURES.—Pursuant to with any applicable guidelines and policy or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or section 2461(c) of title 28, the provisions of statements issued by the United States Sen- (a)(8)’’; and section 413 of the Controlled Substances Act tencing Commission pursuant to section 994 (ii) in subparagraph (B), by striking ‘‘(a)(4), (21 U.S.C. 853), other than subsection (d) of title 28. or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or thereof, shall apply to criminal forfeitures (a)(8)’’; and ‘‘(d) DEFINITIONS.—In this section— under this subsection. ‘‘(1) the terms ‘computer’ and ‘damage’ (C) in paragraph (4)— ‘‘(j) CIVIL FORFEITURE.— have the meanings given the terms in sec- (i) in subparagraph (C)(i), by striking ‘‘or ‘‘(1) IN GENERAL.—The following shall be tion 1030; and an attempt to commit an offense’’; and subject to forfeiture to the United States in (ii) in subparagraph (D), by striking clause ‘‘(2) the term ‘critical infrastructure’ accordance with chapter 46, and no property (ii) and inserting the following: means systems and assets, whether physical right shall exist in them: ‘‘(ii) an offense, or an attempt to commit or virtual, so vital to the United States that ‘‘(A) Any property, real or personal, used an offense, under subsection (a)(6);’’; the incapacity or destruction of such sys- or intended to be used, in any manner— (3) in subsection (e)— tems and assets would have catastrophic re- ‘‘(i) to commit, or facilitate the commis- (A) by striking paragraph (6) and inserting gional or national effects on public health or sion of, a violation of this section; or the following: safety, economic security, or national secu- ‘‘(ii) in a conspiracy to violate this section. ‘‘(6) the term ‘exceeds authorized access’ rity, including voter registration databases, ‘‘(B) Any property, real or personal, consti- means— voting machines, and other communications tuting or traceable to the gross proceeds ‘‘(A)(i) to access a computer with author- systems that manage the election process or taken, obtained, or retained in connection ization and thereby to knowingly obtain in- with or as a result of— report and display results on behalf of State formation from such computer that the and local governments.’’. ‘‘(i) a violation of this section; or accessor is not entitled to obtain; or ‘‘(ii) a conspiracy to violate this section. (b) TABLE OF SECTIONS.—The table of sec- ‘‘(ii) to knowingly obtain any information ‘‘(2) FORFEITURE PROCEDURES.—Seizures tions for chapter 47 of title 18, United States from such computer for a purpose that is Code, is amended by inserting after the item and forfeitures under this subsection shall be prohibited by the computer owner; and governed by the provisions of chapter 46 that relating to section 1030 the following: ‘‘(B) provided that the limitation on access apply to civil forfeitures, except that such ‘‘1030A. Aggravated damage to a critical in- to or use of the information is not based duties as are imposed on the Secretary of the frastructure computer.’’. solely on the terms governing use of an on- Treasury under the customs laws described line service by customers or subscribers SEC. 7306. STOPPING TRAFFICKING IN BOTNETS; in section 981(d) shall be performed by such FRAUD AND RELATED ACTIVITY IN thereof, including terms set forth in an ac- officers, agents, and other persons as may be CONNECTION WITH COMPUTERS. ceptable use policy or terms of service;’’; designated for that purpose by the Secretary (a) IN GENERAL.—Section 1030 of title 18, (B) by striking paragraph (10); of Homeland Security or the Attorney Gen- United States Code, is amended— (C) by redesignating paragraphs (11) and eral.’’. (1) in subsection (a)— (12) as paragraphs (10) and (11), respectively; (b) TECHNICAL AND CONFORMING AMEND- (A) by striking paragraph (2) and inserting (D) in paragraph (10), as so resdesignated, MENT.—Section 7431(e)(3) of the Internal Rev- the following: by striking ‘‘and’’; enue Code of 1986 is amended by striking ‘‘(2)(A) intentionally accesses a computer (E) in paragraph (11), as so redesignated, by ‘‘subparagraph (B)’’ and inserting ‘‘subpara- without authorization or exceeds authorized striking the period at the end and inserting graph (B)(iii)’’. access, and thereby obtains information, if— a semicolon; and TITLE IV—ESPIONAGE, THEFT OF TRADE ‘‘(i) the conduct was undertaken in fur- (F) by adding at the end the following: SECRETS, AND IMPROPER INTER- therance of any felony violation of the laws ‘‘(12) the term ‘online service’— FERENCE IN UNITED STATES ELEC- of the United States or of any State, unless ‘‘(A) means an electronic communication TIONS an element of such violation would require service (as defined in section 2510) to the proof that the information was obtained public, a remote computing service (as de- SEC. 7401. ESPIONAGE, THEFT OF TRADE SE- without authorization or in excess of author- fined in section 2711), or other service that CRETS, THEFT OF INTELLECTUAL PROPERTY, INVOLVEMENT IN COM- ization; or provides content or computing services to MERCIAL FRAUD SCHEMES, AND IM- ‘‘(ii) the protected computer is owned or the public over the Internet; and PROPER INTERFERENCE IN UNITED operated by or on behalf of a State or local ‘‘(B) does not include an enterprise service; STATES ELECTIONS. governmental entity responsible for the ad- ‘‘(13) the term ‘enterprise service’ means (a) DEFINITIONS.—Section 101(a) of the Im- ministration of justice, public health, or any electronic communication service (as de- migration and Nationality Act (8 U.S.C. safety, or owned or operated by or on behalf fined in section 2510) to the public, remote 1101(a)) is amended by adding at the end the of the United States Government; or computing service (as defined in section following: ‘‘(B) intentionally accesses a computer 2711), or other service that provides content ‘‘(53)(A) The term ‘espionage’ means con- without authorization, and thereby obtains or computing services to the public for which duct— information from any protected computer;’’; the user, customer, or subscriber has paid, or ‘‘(i) in violation of— (B) by striking paragraph (6) and inserting on whose behalf has been paid, more than ‘‘(I) the Act of June 15, 1917 (40 Stat. 217, the following: $10,000 in a calendar year in exchange for the chapter 30) (commonly known as the ‘Espio- ‘‘(6) knowing such conduct to be wrongful, right to access or use the service; and nage Act of 1917’); intentionally traffics in any password or ‘‘(14) the term ‘traffic’, except as provided ‘‘(II) chapter 90 of title 18, United States similar information, or any other means of in subsection (a)(6), means transfer, or other- Code (commonly known as the ‘Economic Es- access, further knowing or having reason to wise dispose of, to another as consideration pionage Act of 1996’); or

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‘‘(III) any other Federal criminal law relat- ‘‘(H) ESPIONAGE AND THEFT OF TRADE SE- izen or national of the People’s Republic of ing to an activity described in clause (ii); or CRETS.—An alien is inadmissible if a con- China if the Secretary of State or the Sec- ‘‘(ii)(I) by an alien who is under the direc- sular officer, the Secretary of Homeland Se- retary of Homeland Security determines tion of— curity, the Secretary of State, or the Attor- that the alien— ‘‘(aa) a foreign government; or ney General knows, or has reasonable ‘‘(A) presents a risk to national security; ‘‘(bb) an intermediary individual or entity grounds to believe— or that seeks to serve, support, or benefit a for- ‘‘(i) the alien is seeking admission or ‘‘(B) otherwise seeks to enter the United eign government; and sought admission to the United States to en- States to participate in graduate-level ‘‘(II) with respect to confidential informa- gage in espionage or theft of a trade secret; coursework or research at an institution of tion, that constitutes— ‘‘(ii) the alien has engaged or intends to higher education (as defined in section 101(a) ‘‘(aa) stealing or, without authorization, engage in espionage or theft of a trade se- of the Higher Education Act of 1965 (20 U.S.C. appropriating, taking, carrying away, con- cret; or 1001(a))) in a field described in paragraph (2). cealing, or, by fraud, artifice, or deception, ‘‘(iii) the affiliation or activities of the ‘‘(2) FIELDS DESCRIBED.—The fields de- obtaining such information; alien with, or the control of the alien by, an scribed in this paragraph are— ‘‘(bb) without authorization, copying, du- individual, an entity, or a funding mecha- ‘‘(A) the military or intelligence sector; plicating, sketching, drawing, nism known or reasonably believed to be en- ‘‘(B) the energy sector; photographing, downloading, uploading, al- gaged in, or to have the intention of engag- ‘‘(C) nuclear science or nuclear engineer- tering, destroying, photocopying, repli- ing in, espionage or theft of a trade secret. ing; cating, transmitting, delivering, sending, ‘‘(I) IMPROPER INTERFERENCE IN A UNITED ‘‘(D) high-end numerical control machin- mailing, communicating, or conveying such STATES ELECTION.—Any alien who a consular ery and robotics; information; or officer, the Secretary of Homeland Security, ‘‘(E) autonomous systems or machine ‘‘(cc) receiving, buying, or possessing such the Secretary of State, or the Attorney Gen- learning; information, knowing that the information eral knows, or has reasonable grounds to be- ‘‘(F) artificial intelligence; has been stolen or appropriated, obtained, or lieve, is seeking admission to the United ‘‘(G) production and application of high- converted without authorization. States to engage in improper interference in performance medical devices; ‘‘(B) The term ‘espionage’ includes eco- a United States election, or who has engaged ‘‘(H) semiconductors; nomic espionage. in improper interference in a United States ‘‘(I) new energy vehicles; ‘‘(54) The term ‘improper interference in a election, is inadmissible.’’. ‘‘(J) mobile phone technology; (c) DEPORTABILITY.—Section 237(a) of the United States election’ means conduct by an ‘‘(K) next-generation information tech- Immigration and Nationality Act (8 U.S.C. alien that— nology; 1227(a)) is amended by adding at the end the ‘‘(A)(i) violates Federal criminal, voting ‘‘(L) aviation, aeronautics, or space; following: rights, or campaign finance law; or ‘‘(M) biomedicine; and ‘‘(8) ESPIONAGE AND THEFT OF TRADE SE- ‘‘(ii) is under the direction of— ‘‘(N) any related field, as determined by ‘‘(I) a foreign government; or CRETS.—Any alien who has engaged, is en- gaged, or at any time after admission en- the Secretary of State or the Secretary of ‘‘(II) an intermediary individual or entity Homeland Security. that seeks to serve, support, or benefit a for- gages in espionage or theft of a trade secret ‘‘(3) TERMINATION OF STATUS.— eign government; and is deportable. ‘‘(A) IN GENERAL.—With respect to an alien ‘‘(B) interferes with a general or primary ‘‘(9) IMPROPER INTERFERENCE IN A UNITED who is a citizen or national of the People’s Federal, State, or local election or caucus, STATES ELECTION.—Any alien who has en- Republic of China who has been admitted to including— gaged, is engaged, or at any time after ad- the United States as a nonimmigrant de- ‘‘(i) the campaign of a candidate; and mission engages in improper interference in scribed in subparagraph (F), (J), or (M) of ‘‘(ii) a ballot measure, including— a United States election is deportable.’’. section 101(a)(15), the Secretary of Homeland ‘‘(I) an amendment; SEC. 7402. VISA AND NONIMMIGRANT STATUS RE- Security shall terminate the status and em- ‘‘(II) a bond issue; STRICTIONS. ployment authorization of, and revoke any ‘‘(III) an initiative; (a) PERIOD OF AUTHORIZED STAY FOR CER- petition approval of or on behalf of, the alien ‘‘(IV) a recall; TAIN CITIZENS AND NATIONALS OF THE PEO- if the Secretary determines that after such ‘‘(V) a referral; and PLE’S REPUBLIC OF CHINA.—Section 214(a)(2) ‘‘(VI) a referendum. of the Immigration and Nationality Act (8 admission the alien— ‘‘(55) The term ‘theft of a trade secret’ U.S.C. 1184(a)(2)) is amended by adding at the ‘‘(i) has engaged in an activity or affili- means conduct— end the following: ation that presents a risk to national secu- ‘‘(A) in violation of— ‘‘(C)(i) The period of authorized stay for a rity; or ‘‘(i) chapter 90 of title 18, United States citizen or national of the People’s Republic ‘‘(ii) has changed his or her program, Code (commonly known as the ‘Economic Es- of China who seeks admission to the United course of study, research, or employment to pionage Act of 1996’); or States as a nonimmigrant described in sub- graduate-level coursework or research at an ‘‘(ii) any other Federal criminal law relat- paragraph (F), (J), or (M) of section 101(a)(15) institution of higher education in a field de- ing to an activity described in subparagraph to study, research, teach, or work in any scribed in paragraph (2). (B); or field described in the most recent technology ‘‘(B) FAILURE TO MAINTAIN NONIMMIGRANT ‘‘(B)(i) by an alien who is under the direc- alert list of the Department of State or in STATUS.—Any change or attempted change tion of— section 221(j)(1)— described in subparagraph (A) shall be con- ‘‘(I) a foreign government; or ‘‘(I) shall be— sidered to be a failure to maintain non- ‘‘(II) an intermediary individual or entity ‘‘(aa) a fixed period of not more than 4 immigrant status under this Act. that seeks to serve, support, or benefit a for- years; or ‘‘(4) INAPPLICABILITY TO NATIONALS OF HONG eign government; and ‘‘(bb) the length of the program identified KONG AND MACAU.—This subsection shall not ‘‘(ii) with respect to a trade secret relating on the Form I–20, Certificate of Eligibility apply to any national of Hong Kong or to a product or service used or intended for for Nonimmigrant Student Status, or the Macau.’’. Form DS–2019, Certificate of Eligibility for use in interstate or foreign commerce, that (c) APPLICABILITY.—The amendments made Exchange Visitor Status, as applicable, of constitutes— by this section shall apply with respect to— ‘‘(I) stealing or, without authorization, ap- such citizen or national of the People’s Re- public of China; and (1) any visa application filed on or after propriating, taking, carrying away, con- the date of the enactment of this Act; and cealing, or, by fraud, artifice, or deception, ‘‘(II) may be extended by the Secretary of Homeland Security for 1 or more additional (2) the status of any alien, except for a na- obtaining such trade secret for the economic tional of Hong Kong or Macau, who— benefit of any person other than the owner of periods of not more than 2 years. ‘‘(ii) This subparagraph shall not apply to (A) is a citizen or national of the People’s the trade secret; Republic of China, regardless of the country ‘‘(II) without authorization, copying, dupli- any national of Hong Kong or Macau.’’. (b) PROHIBITION ON ISSUANCE OF VISAS TO of the passport presented by, or the country cating, sketching, drawing, photographing, CERTAIN CITIZENS AND NATIONALS OF THE of residence of, the alien; downloading, uploading, altering, destroy- PEOPLE’S REPUBLIC OF CHINA.—Section 221 of (B) before, on, or after the date of the en- ing, photocopying, replicating, transmitting, the Immigration and Nationality Act (8 actment of this Act, has been or is admitted delivering, sending, mailing, commu- U.S.C. 1201) is amended by adding at the end to the United States as a nonimmigrant de- nicating, or conveying such trade secret; or the following: scribed in subparagraph (F), (J), or (M) of ‘‘(III) receiving, buying, or possessing such ‘‘(j) PROHIBITION ON ISSUANCE OF VISAS TO section 101(a)(15) of the Immigration and Na- trade secret, knowing that the trade secret CERTAIN CITIZENS AND NATIONALS OF THE tionality Act (8 U.S.C. 1101(a)(15)); and has been stolen or appropriated, obtained, or PEOPLE’S REPUBLIC OF CHINA.— (C) has changed or changes his or her pro- converted without authorization.’’. ‘‘(1) IN GENERAL.—The Secretary of State gram, course of study, research, or employ- (b) INADMISSIBILITY.—Section 212(a)(3) of shall deny a visa to, and the Secretary of ment to graduate-level coursework or re- the Immigration and Nationality Act (8 Homeland Security shall not admit into the search at an institution of higher education U.S.C. 1182(a)(3)) is amended by adding at the United States, or grant a change of non- (as defined in section 101(a) of the Higher end the following: immigrant status to, an alien who is a cit- Education Act of 1965 (20 U.S.C. 1001(a))) in a

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.015 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3360 CONGRESSIONAL RECORD — SENATE May 24, 2021 field described in section 221(j)(1) of the Im- it comes to foreign espionage, in traditional (A) Dr. Qing Wang was a former employee migration and Nationality Act (as added by or nontraditional forms. of the Cleveland Clinic Foundation. He had subsection (b)). (8) As the 2018 Foreign Economic Espio- received more than $3,000,000 in grant fund- TITLE V—GOVERNMENT-FUNDED nage in Cyberspace report of the National ing from the National Institutes of Health RESEARCH PROJECTS Counterintelligence and Security Center (commonly known as ‘‘NIH’’). Dr. Wang was SEC. 7501. FINDINGS. (commonly known as the ‘‘NCSC’’) stated, charged in a criminal complaint with know- Congress find the following: China has expansive efforts in place to ac- ingly failing to disclose to NIH that he was (1) The People’s Republic of China (referred quire United States technology, including Dean of the College of Life Sciences and to in this subsection as ‘‘the PRC’’ or sensitive trade secrets and proprietary infor- Technology at the Huazhong University of ‘‘China’’) poses an existential threat to the mation. China continues to use cyber espio- Science and Technology (referred to in this economic interests and national security of nage to support its strategic development subparagraph as ‘‘HUST’’) and received grant the United States, in part due to the contin- goals—science and technology advancement, funds from the National Natural Science ued efforts of the PRC to steal sensitive military modernization, and economic policy Foundation of China for some of the same technology and proprietary information objectives. Chinese companies and individ- scientific research funded by NIH. Dr. Wang from companies, academic institutions, and uals often acquire United States technology also allegedly participated in the Thousand other organizations of the United States for commercial and scientific purposes. Talents Program, for which China provided through economic espionage and other forms (9) In April 2020, the Office of the United $3,000,000 in research support to enhance the of nontraditional espionage. States Trade Representative (referred to in facilities and operations at HUST. Federal (2) The PRC, through the Chinese Com- this subsection as the ‘‘USTR’’) issued its law enforcement agencies arrested Dr. Wang munist Party (referred to in this subsection annual Special 301 Report, in which the in May 2020. as the ‘‘CCP’’), has long had an interest in USTR reviews the state of intellectual prop- (B) Dr. James Patrick Lewis was a tenured replacing the United States as the world’s erty protection and enforcement in trading professor at West Virginia University in the foremost superpower. China takes a holistic partners of the United States around the physics department from 2006 to 2019. In July approach towards achieving its long-term world. The USTR continues to place China 2017, Dr. Lewis entered into a contract of em- goals, which are rooted in the concept of a on the Priority Watch List, which reflects ployment with the PRC through its Global comprehensive national power, including ‘‘United States concerns with China’s system Experts Thousand Talents Plan. In March achieving dominance in economics, military of pressuring and coercing technology trans- 2020, Dr. Lewis pled guilty to 1 count of Fed- affairs, science and technology, education, fer, and the continued need for fundamental eral program fraud. and global influence. structural changes to strengthen IP protec- (C) Anming Hu, an Associate Professor in (3) Nontraditional forms of espionage serve tion and enforcement, including as to trade the Department of Mechanical, Aerospace, as primary tools to further the goals of the secret theft, obstacles to protecting trade- and Biomedical Engineering at the Univer- CCP. Those tools include talent recruitment marks, online piracy and counterfeiting, the sity of Tennessee, Knoxville (commonly programs designed to recruit Chinese nation- high-volume manufacturing and export of known as ‘‘UT’’), allegedly engaged in a als to acquire knowledge about—and, often, counterfeit goods, and impediments to phar- scheme to defraud the National Aeronautics steal—valuable and sensitive research at uni- maceutical innovation.’’. and Space Administration (commonly known versities and research institutions abroad, (10) The theft of intellectual property, as ‘‘NASA’’) by concealing his affiliation and to lure foreign experts to China to work trade secrets, sensitive technology, and sci- with Beijing University of Technology (re- on key strategic programs. More broadly, entific and other academic research all con- ferred to in this subparagraph as ‘‘BJUT’’). the PRC uses mergers and acquisitions or tribute to China’s goal of achieving pre- Hu’s false representations to UT about his joint ventures as a means to gain access to eminent superpower status. China’s failure affiliation with BJUT caused UT to falsely high-level technology, uses cyber intrusions to respect intellectual property rights, fail- certify to NASA that UT was in compliance to steal information, and uses front compa- ure to adhere to the rule of law, and efforts with Federal law. In February 2020, Mr. Hu nies for PRC-related entities to acquire ex- to obtain intellectual property, trade se- was indicted on Federal charges of wire fraud port-controlled technology. crets, technology, and research through im- and false statements. (4) In 2015, President Xi Jinping of the PRC proper or illicit means all pose a significant (D) Dr. Charles Lieber served as the Prin- released the ‘‘Made in China 2025’’ initiative, economic and national security threat to the cipal Investigator of the Lieber Research a 10-year plan to update the manufacturing United States. Group at Harvard University, which special- base of China by developing the following 10 (11) In recent years, China has increased its ized in the area of nanoscience. Dr. Lieber high-tech industries: use of nontraditional espionage to target col- had received more than $15,000,000 in grant (A) Electric cars and other new energy ve- leges and universities in the United States, funding from NIH and the Department of De- hicles. particularly with respect to cutting edge re- fense since 2008. Unbeknownst to Harvard (B) Next-generation information tech- search and technologies being developed by University, beginning in 2011, Lieber alleg- nology and telecommunications. such universities, including technology that edly became a ‘‘Strategic Scientist’’ at (C) Advanced robotics and artificial intel- has military applications. Wuhan University of Technology in China ligence. (12) The universities of the United States (referred to in this subparagraph as ‘‘WUT’’) (D) Aerospace equipment. provide fertile ground for nontraditional es- and was a contractual participant in the (E) Bio-medicine and high-end medical pionage given the open, international, and Thousand Talents Plan from 2012 to 2017. equipment. collaborative nature of most university re- Under the terms of the Thousand Talents (F) Ocean engineering equipment and high- search and the legitimate interest of univer- contract, WUT paid Lieber $50,000 per month, end vessels. sities in encouraging international collabo- paid him living expenses of up to approxi- (G) High-end rail transportation equip- ration. mately $158,000, and awarded him more than ment. (13) While the United States benefits from $1,500,000 to establish a research lab at WUT. (H) Electrical equipment. attracting the top research talent from In return, Lieber was obligated to work for (I) Farming machines. around the world, universities nevertheless WUT for 9 months per year. Lieber lied about (J) New materials, such as polymers. must take appropriate measures to ensure his involvement with WUT to both Harvard (5) In attempting to overtake the United that China is not able to use academic col- University and Federal investigators. In Jan- States and achieve its Made in China 2025 laboration to steal United States intellec- uary 2020, Lieber was arrested and charged goals, China has systematically sought to tual property or engage in other activities with making a materially false, fictitious identify areas of American innovation, edu- that might harm the national security of the and fraudulent statement. cation, and technology that could be rep- United States. (E) In January 2020, Yanqing Ye, a Chinese licated, stolen, or appropriated. (14) In response to the increased wave of national, Lieutenant of the People’s Libera- (6) The very nature of the open society of nontraditional espionage over recent years, tion Army (referred to in this subparagraph the United States—a free market economy the Department of Justice launched a China as the ‘‘PLA’’), and member of the CCP, was that incentivizes creativity and ingenuity Initiative in 2018. The goal of the China Ini- indicted on visa fraud, false statements, and and promotes the free flow of capital and tiative is to identify and prosecute individ- acting as an agent of a foreign power with- ideas, a higher education system and sci- uals and entities engaged in economic and out prior notification. Ye allegedly falsely entific research community that encourages other nontraditional espionage, trade secret identified as a student and lied about her on- collaboration domestically and internation- theft, hacking, and other crimes, while pro- going military service at the National Uni- ally, and a liberal democratic government tecting critical infrastructure against exter- versity of Defense Technology. While study- that lacks a top-down, authoritarian struc- nal threats and combating covert efforts to ing at Boston University’s Department of ture—creates opportunities for the PRC to influence the American public. Physics, Chemistry, and Biomedical Engi- target the United States in ways that are ei- (15) Several recent criminal and civil en- neering, Ye continued to work as a PLA ther not adequately protected or not even forcement actions taken by the Department Lieutenant and completed assignments from anticipated as possible threats. of Justice highlight China’s pervasive and il- PLA officers, including conducting research, (7) The Director of the Federal Bureau of legal targeting of intellectual property and assessing United States military websites, Investigation has assessed that ‘‘there’s no valuable research from United States univer- and sending United States documents and in- country that’s even close’’ to the PRC when sities, including the following: formation to China.

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.015 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3361 (F) In January 2020, Zaoson Zheng, a Chi- February 2017 of 1 count of conspiracy to (B) the subject of which is— nese national, was arrested at Logan Airport steal trade secrets, 1 count of conspiracy to (i) an item subject to the Export Control in Boston and charged with attempting to commit interstate transportation of stolen Reform Act of 2018 (20 U.S.C. 4801 et seq.); smuggle 21 vials of biological research to property, and 1 count of interstate transpor- (ii) an item listed on the Commerce Con- China. Zheng had allegedly entered the tation of stolen property. trol List (commonly known as the ‘‘CCL’’) United States in 2018 on a J–1 visa and con- (16) It remains a national security priority set forth in Supplement No. 1 to part 774 of ducted cancer cell research at Beth Israel for the United States to protect the research title 15, Code of Federal Regulations; or Deaconess Medical Center in Boston. Zheng and innovation developed in United States (iii) an item listed on the United States admitted he stole the vials from a lab at colleges and universities from misappropria- Munitions List under section 38(a)(1) of the Beth Israel, and that he intended to bring tion by any country, including the PRC. Arms Export Control Act (22 U.S.C. the vials to China, use them to conduct re- SEC. 7502. DEFINITIONS. 2778(a)(1)). search in his own laboratory, and publish the In this title: (6) DIRECTOR.—The term ‘‘Director’’ means results under his own name. (1) AGENCY HEAD.—The term ‘‘agency the Director of National Intelligence. (G) In December 2019, the Van Andel Re- head’’, with respect to a covered research (7) FINANCIAL RELATIONSHIP.—The term ‘‘fi- search Institute (referred to in this subpara- project, means the head of the covered agen- nancial relationship’’ means— graph as ‘‘VARI’’) reached a settlement with cy providing the funding for the covered re- (A) any arrangement under which com- the Department of Justice to pay $5,500,000 search project. pensation is provided, directly or indirectly, to resolve allegations that it violated the (2) COVERED AGENCY.—The term ‘‘covered by a covered country, or another entity or law commonly known as the False Claims agency’’ means— person described in subparagraph (B), (C), or Act (section 3729 through 3733 of title 31, (A) the Department of Defense; (D) of paragraph (4), to— United States Code) by failing to disclose, in (B) the Department of Energy; and (i) a covered person; or Federal grant applications and progress re- (C) an element of the intelligence commu- (ii) an institution of higher education; or ports submitted to NIH, that the Chinese nity, as defined in section 3 of the National (B) any direct or indirect ownership or in- government funded 2 VARI researchers Security Act of 1947 (50 U.S.C. 3003). vestment interest by a covered country, or through grants. The VARI researchers were (3) COVERED COUNTRY.—The term ‘‘covered another entity or person described in sub- receiving research funding from Chinese country’’ means— paragraph (B), (C), or (D) of paragraph (4), in sources while VARI was applying for and re- (A) the People’s Republic of China; and an institution of higher education. ceiving NIH funding on their behalf. (B) any other country designated by the (8) INSTITUTION OF HIGHER EDUCATION.—The (H) In September 2019, Yu Zhou and Li Director, based on findings similar to the term ‘‘institution of higher education’’ has Chen were charged with crimes related to findings under subsection (a), which shall in- the meaning given the term in section 101(a) stealing exosome-related trade secrets. Zhou clude consideration of— of the Higher Education Act of 1965 (20 U.S.C. and Chen, spouses who worked in separate (i) whether the country poses an existen- 1001(a)). medical research labs at the Nationwide tial threat to the economic interests and na- Children’s Hospital Research Institute, con- SEC. 7503. APPROVAL OF COVERED PERSONS IN tional security of the United States; SENSITIVE GOVERNMENT-FUNDED spired to steal scientific trade secrets re- (ii) whether the country engages in per- RESEARCH PROJECTS. lated to exosomes and exosome isolation sistent efforts to steal sensitive technology (a) APPROVAL REQUIRED.— from the Research Institute. The couple al- and proprietary information from compa- (1) IN GENERAL.—A covered person may not legedly founded a company in China without nies, academic institutions, and other orga- participate in a covered research project un- the hospital’s knowledge. While employed at nizations of the United States through eco- less the covered person applies for and re- the Research Institute, they marketed prod- nomic espionage and other forms of non- ceives approval from the agency head to par- ucts and services related to exosome isola- traditional espionage; ticipate. tion through their Chinese company. They (iii) whether nontraditional forms of espio- (2) REQUIREMENTS.—An agency head may also founded an American biotechnology nage serve as primary tools to further the not approve a covered person to participate company advertising products and services goals of the country; in a covered research project unless the related to exosomes isolation, including a (iv) whether the nontraditional forms of agency head— kit developed from a trade secret created at espionage described in clause (iii) include— (A) performs a background check on the a Nationwide Children’s research lab. They (I) talent recruitment programs designed covered person in consultation with the Di- eventually received more than $876,000 and to recruit the country’s nationals to acquire rector; and stock related to an asset purchase agreement knowledge about—and, often, steal—valuable (B) collects any other relevant information involving the American company. and sensitive research at universities and re- about the covered person that the agency (I) In August 2019, Feng Tao, an associate search institutions abroad; head determines appropriate, except any in- professor at Kansas University, was indicted (II) luring foreign experts to the country to formation pertaining to United States per- on Federal charges for concealing the fact work on key strategic programs; sons that the agency head is prohibited by that he was a full-time employee for Fuzhou (III) using mergers and acquisitions or law from collecting. University in China while doing research at joint ventures as a means to gain access to (b) PENALTY.—If an agency head deter- Kansas University funded by the United high-level technology; mines that a covered person participating in States Government. Tao allegedly defrauded (IV) using cyber intrusions to steal infor- a covered research project commenced on the United States Government by unlawfully mation; and the date of enactment of this section has vio- receiving Federal grant money at the same (V) using front companies for state-affili- lated subsection (a), the agency head may— time that he was employed and paid by a ated entities to acquire export-controlled (1) impose a probationary period, not to ex- Chinese research university. technology; (J) Weiqiang Zhang, a Chinese national and (v) whether the country has systematically ceed 6 months, on the head of the project or United States legal permanent resident, ac- sought to identify areas of United States in- the project; quired, without authorization, hundreds of novation, education, and technology that (2) reduce, limit, or eliminate the funding rice seeds produced by his employer, Ventria could be replicated, stolen, or appropriated; for the project until the violation is rem- Bioscience. Ventria is a Kansas biopharma- and edied; ceutical research facility that develops ge- (vi) whether the Office of the United States (3) permanently eliminate the funding for netically programmed rice to express recom- Trade Representative has placed the country the project; or binant human proteins, which are then ex- on the Priority Watch List. (4) take any other action determined ap- tracted for use in the therapeutic and med- (4) COVERED PERSON.—The term ‘‘covered propriate by the agency head. ical fields. Ventria spent millions of dollars person’’ means an individual or institution SEC. 7504. DISCLOSURE OF RESEARCH ASSIST- and years of research developing its seeds of higher education that has a financial rela- ANCE FROM FOREIGN GOVERN- MENTS. and cost-effective methods to extract the tionship with— (a) IN GENERAL.—Chapter 45 of title 18, proteins. Ventria used locked doors with (A) a covered country; United States Code, is amended by inserting magnetic card readers to restrict access to (B) a political party within a covered coun- after section 951 the following: the temperature-controlled environment try; where the seeds were stored and processed. (C) a person who acts as an agent, rep- ‘‘§ 951A. Disclosure of research assistance Zhang worked as a rice breeder for Ventria. resentative, employee, or servant of a cov- from foreign governments In 2013, personnel from a crop research insti- ered country; or ‘‘(a) DEFINITIONS.—In this section— tute in China visited Zhang at his home in (D) a person who acts in any other capac- ‘‘(1) the terms ‘agent of a foreign principal’ Kansas. Zhang drove the visitors to tour fa- ity at the order or request, or under the di- and ‘foreign principal’ have the meanings cilities in several States. United States Cus- rection or control, of a covered country. given those terms in section 1 of the Foreign toms and Border Protection officers found (5) COVERED RESEARCH PROJECT.—The term Agents Registration Act of 1938, as amended seeds belonging to Ventria in the luggage of ‘‘covered research project’’ means a research (22 U.S.C. 611); Zhang’s visitors as they prepared to leave project at an institution of higher edu- ‘‘(2) the term ‘covered research project’ has the United States for China. In April 2018, cation— the meaning given the term in section 7502 of Zhang was sentenced to 121 months in a Fed- (A) that is funded in whole or in part by a the Combating Chinese Purloining of Trade eral prison after having been convicted in covered agency; and Secrets Act; and

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.015 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3362 CONGRESSIONAL RECORD — SENATE May 24, 2021 ‘‘(3) the term ‘institution of higher edu- technology hub program, to require a website description of the drug indicates in a cation’ has the meaning given the term in strategy and report on economic secu- conspicuous place the name and place of section 101 of the Higher Education Act of rity, science, research, innovation, business of the manufacturer, packer, or dis- 1965 (20 U.S.C. 1001). manufacturing, and job creation, to es- tributor that is required to appear on the ‘‘(b) FUNDING AND OTHER ASSISTANCE.— label of the drug in accordance with section ‘‘(1) FAILURE TO DISCLOSE FOREIGN FUND- tablish a critical supply chain resil- 502(b) of the Federal Food, Drug, and Cos- ING.— iency program, and for other purposes; metic Act (21 U.S.C. 352(b)). ‘‘(A) OFFENSE.—It shall be unlawful for a which was ordered to lie on the table; (3) OBLIGATION TO PROVIDE.—A manufac- person, while applying for or accepting a as follows: turer, distributor, seller, or private labeler grant or other funding from an agency of the Strike 2510 of division B and insert the fol- seeking to have a product introduced, sold, United States for a covered research project, lowing: advertised, or offered for sale in commerce to knowingly and willfully fail to disclose to shall provide the information identified in SEC. 2510. COUNTRY OF ORIGIN LABELING ON- the agency any grant or other funding that LINE ACT. clauses (i) and (ii) of paragraph (1)(A) or paragraph (2), as applicable, to the relevant the person has received or will receive for (a) MANDATORY ORIGIN AND LOCATION DIS- retailer or internet website marketplace. the same project from a foreign principal or CLOSURE FOR PRODUCTS OFFERED FOR SALE ON (4) SAFE HARBOR.—A retailer or internet an agent of a foreign principal, including THE INTERNET.— website marketplace satisfies the disclosure through an intermediary. (1) IN GENERAL.— requirements under subparagraphs (i) and (ii) ‘‘(B) PENALTY.—Any person who violates (A) DISCLOSURE.—It shall be unlawful for a of paragraph (1)(A) or paragraph (2), as appli- subparagraph (A) shall be fined under this product that is required to be marked under cable, if the disclosure required under such title, imprisoned for not more than 3 years, section 304 of the Tariff Act of 1930 (19 U.S.C. clauses or paragraph (2), as applicable, in- or both. 1304) or its implementing regulations to be cludes the country of origin and seller infor- ‘‘(2) FAILURE TO DISCLOSE MATERIAL introduced, sold, advertised, or offered for mation provided by a third-party manufac- FACTS.— sale in commerce on an internet website un- turer, distributor, seller, or private labeler of ‘‘(A) OFFENSE.—It shall be unlawful for a less the internet website description of the the product. If the retailer or internet person, while applying for or accepting a product— website marketplace determines or has a grant or other funding from an agency of the (i)(I) indicates in a conspicuous place the United States for a covered research project, reasonable basis to conclude that the infor- country of origin of the product (or, in the mation provided by a third-party manufac- to knowingly and willfully fail to disclose to case of multi-sourced products, countries of the agency a material fact relating to a con- turer, distributor, seller, or private labeler origin), in a manner consistent with the reg- to the retailer or internet website market- nection between a foreign country and the ulations prescribed under section 304 of the project that might substantially impact the place for a product is false or deceptive, the Tariff Act of 1930 (19 U.S.C. 1304) and the retailer or internet website marketplace decision of the agency to provide funding to country of origin marking regulations ad- the project, including the fact that a person shall not be required to disclose such false or ministered by U.S. Customs and Border Pro- deceptive information and shall be deemed providing any assistance, including financial tection; and assistance, to the project is— to meet the disclosure requirements under (II) includes, in the case of— such clauses (i) and (ii) or paragraph (2), as ‘‘(i) a national of a foreign country; (aa) a new passenger motor vehicle (as de- ‘‘(ii) affiliated with an institution com- applicable, for that product. fined in section 32304 of title 49, United (b) PROHIBITION ON FALSE AND MISLEADING parable to an institution of higher education States Code), the country of origin disclo- REPRESENTATION OF UNITED STATES ORIGIN of higher learning, or another organization, sure required by such section; ON PRODUCTS.— that is headquartered in or substantially (bb) a textile fiber product (as defined in (1) UNLAWFUL ACTIVITY.—Notwithstanding funded by a foreign country; or section 2 of the Textile Fiber Products Iden- any other provision of law, and except as ‘‘(iii) engaging in research activities for tification Act (15 U.S.C. 70b)), the country of provided for in paragraph (2), it shall be un- the project in a foreign country. origin disclosure required by such Act; lawful to make any false or deceptive rep- ‘‘(B) PENALTY.—Any person who violates (cc) a wool product (as defined in section 2 resentation that a product or its parts or subparagraph (A) shall be fined under this of the Wool Products Labeling Act of 1939 (15 processing are of United States origin in any title, imprisoned for not more than 1 year, or U.S.C. 68)), the country of origin disclosure labeling, advertising, or other promotional both. required by such Act; materials, or any other form of marketing, ‘‘(3) INSTITUTIONS OF HIGHER EDUCATION.— (dd) a fur product (as defined in section 2 of including marketing through digital or elec- Any institution of higher education that the Fur Products Labeling Act (15 U.S.C. tronic means in the United States. knowingly and willfully fails to disclose to 69)), the country of origin disclosure required (2) DECEPTIVE REPRESENTATION.—For pur- the appropriate agency of the United States by such Act; and poses of paragraph (1), a representation that that an officer, agent, or employee of the in- (ee) a covered commodity (as defined in a product is in whole, or in part, of United stitution of higher education violated this section 281 of the Agricultural Marketing States origin is deceptive if, at the time the subsection shall be fined not more than Act of 1946 (7 U.S.C. 1638)), the country of ori- representation is made, such claim is not $1,000,000 for each such violation. gin information required by section 282 of consistent with section 5 of the Federal ‘‘(c) TRANSMISSION OF INFORMATION.— such Act (7 U.S.C. 1638a); and Trade Commission Act (15 U.S.C. 45(a)) and ‘‘(1) OFFENSE.—It shall be unlawful for any (ii) indicates in a conspicuous place the any regulations promulgated by the Commis- person, while applying for or accepting a country in which the seller of the product is sion pursuant to section 320933 of the Violent grant or other funding from an agency of the located (and, if applicable, the country in Crime Control and Law Enforcement Act of United States for a covered research project, which any parent corporation of such seller 1994 (15 U.S.C. 45a), provided that no other to knowingly transmit or attempt to trans- is located). Federal statute or regulation applies. mit information gained in violation of a con- (B) ADDITIONAL REQUIREMENT.—The disclo- (3) LIMITATION OF LIABILITY.—A retailer or tract to which the person is a party, includ- sure of a product’s country of origin required internet website marketplace is not in viola- ing a contract regarding nondisclosure of in- pursuant to subparagraph (A)(i) shall not be tion of this subsection if a third-party manu- formation, employment, or the provision of made in such a manner as to represent to a facturer, importer, distributor, or private la- goods or services, intending or knowing that consumer that the product is in whole, or beler provided the retailer or internet the transmission will benefit a foreign prin- part, of United States origin, unless such dis- website marketplace with a false or decep- cipal or an agent of a foreign principal. closure is consistent with section 5 of the tive representation as to the country of ori- ‘‘(2) PENALTY.—Any person who violates Federal Trade Commission Act (15 U.S.C. gin of a product or its parts or processing. paragraph (1) shall be fined under this title, 45(a)) and any regulations promulgated by (c) ENFORCEMENT BY COMMISSION.— imprisoned for not more than 10 years, or the Commission pursuant to section 320933 of (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- both.’’. the Violent Crime Control and Law Enforce- TICES.—A violation of subsection (a) or (b) (b) TECHNICAL AND CONFORMING AMEND- ment Act of 1994 (15 U.S.C. 45a), provided shall be treated as a violation of a rule pre- MENT.—The table of sections for chapter 45 of title 18, United States Code, is amended by that no other Federal statute or regulation scribed under section 18(a)(1)(B) of the Fed- inserting after the item relating to section applies. eral Trade Commission Act (15 U.S.C. 950 the following: (C) LIMITATION.—The provisions of this 57a(a)(1)(B)). paragraph shall not apply to a pharma- (2) POWERS OF THE COMMISSION.— ‘‘951A. Disclosure of research assistance from ceutical product subject to the jurisdiction (A) IN GENERAL.—The Commission shall en- foreign governments.’’. --- of the Food and Drug Administration. force this section in the same manner, by the SA 1947. Ms. BALDWIN submitted an (2) CERTAIN DRUG PRODUCTS.—It shall be same means, and with the same jurisdiction, amendment intended to be proposed to unlawful for a drug that is not subject to sec- powers, and duties as though all applicable tion 503(b)(1) of the Federal Food, Drug, and terms and provisions of the Federal Trade amendment SA 1502 proposed by Mr. Cosmetic Act (21 U.S.C. 353(b)(1)) and that is Commission Act (15 U.S.C. 41 et seq.) were SCHUMER to the bill S. 1260, to establish required to be marked under section 304 of incorporated into and made a part of this a new Directorate for Technology and the Tariff Act of 1930 (19 U.S.C. 1304) to be of- section. Innovation in the National Science fered for sale in commerce to consumers on (B) PRIVILEGES AND IMMUNITIES.—Any per- Foundation, to establish a regional an internet website unless the internet son that violates subsection (a) or (b) shall

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.015 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3363 be subject to the penalties and entitled to (B) does not include— forced labor of each country in which the the privileges and immunities provided in (i) repayment, maturity, or redemption of supplier or on-site service provider is en- the Federal Trade Commission Act (15 U.S.C. the principal of a— gaged in business; 41 et seq.) as though all applicable terms and (I) loan; (iii) to maintain internal accountability provisions of that Act were incorporated and (II) bond; standards and procedures for employees or made part of this section. (III) mutual fund; contractors of the covered business entity (C) AUTHORITY PRESERVED.—Nothing in (IV) certificate of deposit; or failing to meet requirements regarding this section may be construed to limit the (V) similar marketable instrument; forced labor; and authority of the Commission under any (ii) proceeds from— (iv) to provide training on recognizing and other provision of law. (I) the issuance of a company’s own stock; preventing forced labor, particularly with re- (3) INTERAGENCY AGREEMENT.—Not later or spect to mitigating risks within the supply than 6 months after the date of enactment of (II) the sale of treasury stock; chains of products and on-site services of the this division, the Commission, the U.S. Cus- (iii) amounts received as the result of liti- covered business entity, to employees, in- toms and Border Protection, and the Depart- gation, including damages; cluding management personnel, of the cov- ment of Agriculture shall— (iv) property acquired by an agent on be- ered business entity who have direct respon- (A) enter into a Memorandum of Under- half of another party; sibility for supply chain management or on- standing or other appropriate agreement for (v) Federal, State, or local tax refunds or site services; the purpose of providing consistent imple- other tax benefit recoveries; (C) a description of the findings of each mentation of this section; and (vi) certain contributions to capital; audit required under paragraph (1)(A), in- (B) publish such agreement to provide pub- (vii) income from discharge of indebted- cluding the details of any instances of found lic guidance. ness; or or suspected forced labor; and (4) DEFINITION OF COMMISSION.—In this sub- (viii) amounts realized from exchanges of (D) a written certification, signed by the section, the term ‘‘Commission’’ means the inventory that are not recognized under the chief executive officer of the covered busi- Federal Trade Commission. Internal Revenue Code of 1986. ness entity, that— (d) EFFECTIVE DATE.—This section shall (4) ON-SITE SERVICE.—The term ‘‘on-site (i) the covered business entity has com- take effect 9 months after the date of the service’’ means any service work provided on plied with the requirements of this subtitle publication of the Memorandum of Under- the site of a covered business entity, includ- and exercised due diligence in order to eradi- standing or agreement under subsection ing food service work and catering services. cate forced labor from the supply chain and (c)(3). (5) ON-SITE SERVICE PROVIDER.—The term on-site services of the covered business enti- --- ‘‘on-site service provider’’ means any entity ty; SA 1948. Mr. HAWLEY submitted an that provides workers who perform, collec- (ii) to the best of the chief executive offi- amendment intended to be proposed to tively, a total of not less than 30 hours per cer’s knowledge, the covered business entity week of on-site services for a covered busi- has found no instances of the use of forced amendment SA 1502 proposed by Mr. ness entity. labor by the covered business entity or has SCHUMER to the bill S. 1260, to establish (6) SECRETARY.—The term ‘‘Secretary’’ disclosed every known instance of the use of a new Directorate for Technology and means the Secretary of Labor. forced labor; and Innovation in the National Science (b) AUDIT AND REPORTING REQUIREMENTS.— (iii) the chief executive officer and any Foundation, to establish a regional (1) IN GENERAL.—Not later than 1 year after other officers submitting the report or cer- technology hub program, to require a the date of enactment of this Act, and every tification understand that section 1001 of strategy and report on economic secu- year thereafter, each covered business entity title 18, United States Code (popularly shall— rity, science, research, innovation, known as the ‘‘False Statements Act’’), ap- (A) conduct an audit of its supply chain, plies to the information contained in the re- manufacturing, and job creation, to es- pursuant to the requirements of section 6133, port submitted to the Secretary. tablish a critical supply chain resil- to investigate the presence or use of forced (c) REPORT OF VIOLATIONS TO CONGRESS.— iency program, and for other purposes; labor by the covered business entity or its Each year, the Secretary shall prepare and which was ordered to lie on the table; suppliers, including by direct suppliers, sec- submit a report to Congress regarding the as follows: ondary suppliers, and on-site service pro- covered business entities that— viders of the covered business entity; (1) have failed to conduct audits required At the end of title I of division F, insert (B) submit a report to the Secretary con- under this subtitle for the preceding year or the following: taining the information described in para- have been adjudicated in violation of any Subtitle D—Slave-Free Business Certification graph (2) on the results of such audit and ef- other provision of this subtitle; or Act of 2021 forts of the covered business entity to eradi- (2) have been found to have used forced SEC. 6131. SHORT TITLE. cate forced labor from the supply chain and labor, including the use of forced labor in This subtitle may be cited as the ‘‘Slave- on-site services of the covered business enti- their supply chain or by their on-site service Free Business Certification Act of 2021’’. ty; and providers. SEC. 6132. REQUIRED REPORTING ON USE OF (C)(i) publish the report described in sub- SEC. 6133. AUDIT REQUIREMENTS. FORCED LABOR FROM COVERED paragraph (B) on the public website of the (a) IN GENERAL.—Each audit conducted BUSINESS ENTITIES. covered business entity, and provide a con- under section 6132(b)(1)(A) shall meet the fol- (a) DEFINITIONS.—In this subtitle: spicuous and easily understood link on the lowing requirements: (1) COVERED BUSINESS ENTITY.—The term homepage of the website that leads to the re- (1) WORKER INTERVIEWS.—The auditor ‘‘covered business entity’’ means any issuer, port; or shall— as that term is defined in section 2(a) of the (ii) in the case of a covered business entity (A) select a cross-section of workers to Securities Act of 1933 (15 U.S.C. 77b(a)), that that does not have a public website, provide interview that represents the full diversity has annual, worldwide gross receipts that ex- the report in written form to any consumer of the workplace, and includes, if applicable, ceed $500,000,000. of the covered business entity not later than men and women, migrant workers and local (2) FORCED LABOR.—The term ‘‘forced 30 days after the consumer submits a request workers, workers on different shifts, workers labor’’ means any labor practice or human for the report. performing different tasks, and members of trafficking activity in violation of national (2) REQUIRED REPORT CONTENTS.—Each re- various production teams; and international standards, including— port required under paragraph (1)(B) shall (B) if individuals under the age of 18 are (A) International Labor Organization Con- contain, at a minimum— employed at the facility of the direct sup- vention No. 182; (A) a disclosure of the covered business en- plier or on-site service provider, interview a (B) the Trafficking Victims Protection Act tity’s policies to prevent the use of forced representative group using age-sensitive of 2000 (22 U.S.C. 7101 et seq.); and labor by the covered business entity, its di- interview techniques; (C) any act that would violate the criminal rect suppliers, and its on-site service pro- (C) conduct interviews— provisions related to slavery and human viders; (i) on-site and, particularly in cases where trafficking under chapter 77 of title 18, (B) a disclosure of what policies or proce- there are indications of egregious violations United States Code, if the act had been com- dures, if any, the covered business entity about which employees may hesitate to dis- mitted within the jurisdiction of the United uses— cuss at work, off-site of the facility and dur- States. (i) for the verification of product supply ing non-work hours; and (3) GROSS RECEIPTS.—The term ‘‘gross re- chains and on-site service provider practices (ii) individually or in groups (except for ceipts’’— to evaluate and address risks of forced labor purposes of subparagraph (B)); (A) means the gross amount, including and whether the verification was conducted (D) use audit tools to ensure that each cash and the fair market value of other prop- by a third party; worker is asked a comprehensive set of ques- erty or services received, gained in a trans- (ii) to require direct suppliers and on-site tions; action that produces business income from— service providers to provide written certifi- (E) collect from interviewed workers cop- (i) the sale or exchange of property; cation that materials incorporated into the ies of the workers’ pay stubs, in order to (ii) the performance of services; or product supplied or on-site services, respec- compare the pay stubs with payment records (iii) the use of property or capital; and tively, comply with the laws regarding provided by the direct supplier;

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.017 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3364 CONGRESSIONAL RECORD — SENATE May 24, 2021 (F) ensure that all worker responses are (B) a description of the worker interviews, ture of Federal funds received under this di- confidential and are never shared with man- manager interviews, and documentation re- vision (or an amendment made by this divi- agement; and view required under paragraphs (1), (2), and sion), or the appropriation of which are au- (G) interview a representative of the labor (3); thorized under this division (or an amend- organization or other worker representative (C) a description of all violations or sus- ment made by this division), may be licensed organization that represents workers at the pected violations by the direct supplier of or transferred— facility or, if no such organization is present, any forced labor laws of the United States (1) to any business or research institution attempt to interview a representative from a or, if applicable, the laws of another country that is located outside of the United States; local worker advocacy group. as described in section 6132(b)(2)(B)(ii); and and (2) MANAGEMENT INTERVIEWS.—The auditor (D) for each violation described in subpara- (2) for the commercialization or production shall— graph (C), a description of any corrective and of goods, services, or technologies. protective actions recommended for the di- (A) interview a cross-section of the man- Mr. HAWLEY submitted an agement of the supplier, including human re- rect supplier consisting of, at a minimum— SA 1950. sources personnel, production supervisors, (i) the issues relating to the violation and amendment intended to be proposed to and others; and any root causes of the violation; amendment SA 1502 proposed by Mr. (B) use audit tools to ensure that managers (ii) the implementation of a solution; and SCHUMER to the bill S. 1260, to establish are asked a comprehensive set of questions. (iii) a method to check the effectiveness of a new Directorate for Technology and (3) DOCUMENTATION REVIEW.—The auditor the solution. Innovation in the National Science shall— (b) ADDITIONAL REQUIREMENTS RELATING TO Foundation, to establish a regional (A) conduct a documentation review to AUDITS.—Each covered business entity shall technology hub program, to require a provide tangible proof of compliance and to include, in any contract with a direct sup- strategy and report on economic secu- plier or on-site service provider, a require- corroborate or find discrepancies in the in- rity, science, research, innovation, formation gathered through the worker and ment that— (1) the supplier or provider shall not retali- manufacturing, and job creation, to es- management interviews; and tablish a critical supply chain resil- (B) review, at a minimum, the following ate against any worker for participating in types of documents: an audit relating to forced labor; and iency program, and for other purposes; (i) Age verification procedures and docu- (2) worker participation in an audit shall which was ordered to lie on the table; ments. be protected through the same grievance as follows: (ii) A master list of juvenile workers. mechanisms available to the worker avail- At the appropriate place, insert the fol- (iii) Selection and recruitment procedures. able for any other type of workplace griev- lowing: (iv) Contracts with labor brokers, if any. ance. SEC. lll. IMPOSING DATA SECURITY REQUIRE- (v) Worker contracts and employment SEC. 6134. ENFORCEMENT. MENTS AND STRENGTHENING RE- agreements. (a) CIVIL DAMAGES.—The Secretary may as- VIEW OF FOREIGN INVESTMENTS (vi) Introduction program materials. sess civil damages in an amount of not more WITH RESPECT TO CERTAIN TECH- NOLOGY COMPANIES FROM FOR- (vii) Personnel files. than $100,000,000 if, after notice and an oppor- EIGN COUNTRIES OF CONCERN. tunity for a hearing, the Secretary deter- (viii) Employee communication and train- (a) DEFINITIONS.—In this section: ing plans, including certifications provided mines that a covered business entity has vio- (1) COMMISSION.—The term ‘‘Commission’’ to workers including skills training, worker lated any requirement of section 6132(b). means the Federal Trade Commission. UNITIVE AMAGES preparedness, government certification pro- (b) P D .—In addition to (2) COUNTRY OF CONCERN.— grams, and systems or policy orientations. damages under subsection (a), the Secretary (A) IN GENERAL.—Subject to subparagraph (ix) Collective bargaining agreements, in- may assess punitive damages in an amount (B)(iii), the term ‘‘country of concern’’ cluding collective bargaining representative of not more than $500,000,000 against a cov- means— certification, descriptions of the role of the ered business entity if, after notice and an (i) the People’s Republic of China; labor organization, and minutes of the labor opportunity for a hearing, the Secretary de- (ii) the Russian Federation; and organization’s meetings. termines the covered business entity will- (iii) any other country designated by the (x) Contracts with any security agency, fully violated any requirement of section Secretary of State as being of concern with and descriptions of the scope of responsibil- 6132(b). respect to the protection of data privacy and ities of the security agency. (c) DECLARATIVE OR INJUNCTIVE RELIEF.— security. (xi) Payroll and time records. The Secretary may request the Attorney (B) DESIGNATION OF COUNTRIES OF CON- (xii) Production capacity reports. General institute a civil action for relief, in- CERN.—Not later than 1 year after the date of (xiii) Written human resources policies and cluding a permanent or temporary injunc- enactment of this Act, and annually there- procedures. tion, restraining order, or any other appro- after, the Secretary of State shall— (xiv) Occupational health and safety plans priate order, in the district court of the (i) review the status of data privacy and se- and records including legal permits, mainte- United States for any district in which the curity requirements (including by reviewing nance and monitoring records, injury and ac- covered business entity conducts business, laws, policies, practices, and regulations re- cident reports, investigation procedures, whenever the Secretary believes that a vio- lated to data privacy and security) in each chemical inventories, personal protective lation of section 6132(b) constitutes a hazard foreign country to determine— equipment inventories, training certificates, to workers. (I) whether it would pose a substantial risk and evacuation plans. SEC. 6135. REGULATIONS. to the national security of the United States (xv) Disciplinary notices. Not later than 180 days after the date of if the government of such country gained ac- (xvi) Grievance reports. enactment of this Act, the Secretary shall cess to the user data of citizens and residents (xvii) Performance evaluations. promulgate rules to carry out this subtitle. of the United States; and (xviii) Promotion or merit increase (II) whether there is a substantial risk that records. SA 1949. Mr. HAWLEY submitted an the government of such country will, in a (xix) Dismissal and suspension records of amendment intended to be proposed to manner that fails to afford similar respect workers. amendment SA 1502 proposed by Mr. for civil liberties and privacy as the Con- (xx) Records of employees who have re- stitution and laws of the United States, ob- SCHUMER to the bill S. 1260, to establish signed. tain user data from companies that collect (xxi) Worker pay stubs. a new Directorate for Technology and user data; (4) CLOSING MEETING WITH MANAGEMENT.— Innovation in the National Science (ii) designate each country that meets the The auditor shall hold a closing meeting Foundation, to establish a regional criteria of clause (i) as a country of concern; with the management of the covered busi- technology hub program, to require a and ness entity to— strategy and report on economic secu- (iii) remove the designation from any (A) report violations and nonconformities rity, science, research, innovation, country that was previously designated a found in the facility; and manufacturing, and job creation, to es- country of concern (regardless of whether (B) determine the steps forward to address tablish a critical supply chain resil- such designation was pursuant to clause (i) and remediate any problems. or (ii) of subparagraph (A) or was made by iency program, and for other purposes; (5) REPORT PREPARATION.—The auditor the Secretary of State pursuant to clause shall prepare a full report of the audit, which which was ordered to lie on the table; (iii) of such subparagraph) if the country— shall include— as follows: (I) no longer meets the criteria of clause (A) a disclosure of the direct supplier’s or At the end of title V of division B, add the (i); and on-site service provider’s— following: (II) is not at substantial risk of meeting (i) documented processes and procedures SEC. 25ll. PROHIBITION ON THE LICENSING such criteria. that relate to eradicating forced labor; and AND TRANSFERRING OF CERTAIN (C) REGULATIONS.—Not later than 90 days (ii) documented risk assessment and INTELLECTUAL PROPERTY RIGHTS. after the date of the enactment of this Act, prioritization policies as such policies relate No intellectual property developed through the Secretary of State shall prescribe regula- to eradicating forced labor; research that is funded through the expendi- tions—

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(i) establishing a process for a covered with a third party, or unnecessarily facili- (A) EXCEPTION FOR LAW ENFORCEMENT AND technology company or country of concern tating facial recognition technology. MILITARY.—The requirements of paragraph to petition the Secretary to remove the (C) RIGHT TO VIEW AND DELETE DATA.—The (1) shall not apply where data is collected, country of concern designation from a coun- company shall allow an individual to— used, retained, stored, or shared by a covered try that was designated as such pursuant to (i) view any user data held by the company technology company solely for the purpose subparagraph (B)(ii); and that relates to the individual; and of assisting a law enforcement or military (ii) setting forth the procedures and cri- (ii) permanently delete any user data held agency that is not affiliated with a country teria the Secretary will use in identifying or by the company that has been collected, di- of concern. removing countries under subparagraphs rectly or indirectly, from the individual. (B) TRANSFER OF SHARED CONTENT.—The re- (A)(iii) or (B)(iii). (D) PROHIBITION ON TRANSFER TO COUNTRIES quirements of paragraph (1) shall not apply (3) COVERED TECHNOLOGY COMPANY.—The OF CONCERN.—The company shall not transfer to user data that is content produced by a term ‘‘covered technology company’’ means any user data or information needed to deci- user for the purpose of sharing with other an entity that provides an online data-based pher that data, such as encryption keys, to users (such as social media posts, emails, or service such as a website or internet applica- any country of concern (including indirectly data related to a transaction involving the tion in or affecting interstate or foreign through a third country that is not a coun- user) or information needed to decipher that commerce and— try of concern). data provided that the transfer and any stor- (A) is organized under the laws of a coun- (E) DATA STORAGE REQUIREMENT.—The age necessary to enact the transfer is con- try of concern; company shall not store any user data col- ducted solely to carry out the user’s intent (B) in which foreign persons that are na- lected from citizens or residents of the to share such data with individual users in tionals of, or companies that are organized United States or information needed to deci- other countries and that necessary storage under the laws of, countries of concern have pher that data, such as encryption keys, on occurs only on the intended recipient’s indi- a plurality or controlling equity interest; a server or other data storage device that is vidual device. (C) is a subsidiary company of an entity located outside of the United States or a (3) EFFECTIVE DATE.—The requirements of described in subparagraph (A) or (B); or country that maintains an agreement with this subsection shall take effect 90 days after (D) is otherwise subject to the jurisdiction the United States to share data with law en- the date of enactment of this Act. of a country of concern in a manner that al- forcement agencies through a process estab- (d) ENFORCEMENT OF DATA SECURITY RE- lows the country of concern to obtain the lished by law. QUIREMENTS.— (1) ENFORCEMENT BY THE COMMISSION.— user data of citizens and residents of the (F) REPORTING REQUIREMENT.—Not less fre- (A) IN GENERAL.—Except as otherwise pro- United States without similar respect for quently than annually, the chief executive vided, subsections (b) and (c) shall be en- civil liberties and privacy as provided under officer or equivalent officer of the company forced by the Commission under the Federal the Constitution and laws of the United shall submit, under penalty of perjury, a re- Trade Commission Act (15 U.S.C. 41 et seq.). States. port to the Commission, the Attorney Gen- (B) UNFAIR OR DECEPTIVE ACTS OR PRAC- (4) FACIAL RECOGNITION TECHNOLOGY.—The eral of the United States, and the Attorney TICES.—A violation of subsection (b) or (c) term ‘‘facial recognition technology’’ means General of each State certifying compliance shall be treated as a violation of a rule defin- technology that analyzes facial features in with the requirements of this subsection. still or video images and is used to identify, ing an unfair or deceptive act or practice (2) EXCEPTIONS.— or facilitate identification of, an individual prescribed under section 18(a)(1)(B) of the (A) EXCEPTION FOR LAW ENFORCEMENT AND using facial physical characteristics. Federal Trade Commission Act (15 U.S.C. MILITARY.—The requirements of subpara- (5) TARGETED ADVERTISING.— 57a(a)(1)(B)). graphs (A) through (D) of paragraph (1) shall (A) IN GENERAL.—The term ‘‘targeted ad- (C) ACTIONS BY THE COMMISSION.—Except as not apply where data is collected, used, re- vertising’’ means a form of advertising where otherwise provided, the Commission shall tained, stored, or shared by a covered tech- advertisements are displayed to a user based prevent any person from violating subsection nology company solely for the purpose of as- on the user’s traits, information from a pro- (b) or (c) in the same manner, by the same sisting a law enforcement or military agency file about the user that is created for the means, and with the same jurisdiction, pow- that is not affiliated with a country of con- purpose of selling advertisements, or the ers, and duties as though all applicable user’s previous online or offline behavior. cern. terms and provisions of the Federal Trade (B) TRANSFER OF SHARED CONTENT.—The re- (B) LIMITATION.—Such term shall not in- Commission Act (15 U.S.C. 41 et seq.) were clude advertising chosen because of the con- quirements of subparagraphs (E) and (F) of incorporated into and made a part of this text of the internet service, such as— paragraph (1) shall not apply to user data section, and any person who violates such a (i) advertising that is directed to a user that is content produced by a user for the subsection shall be subject to the penalties based on the content of the website, online purpose of sharing with other users (such as and entitled to the privileges and immuni- service, online application, or mobile appli- social media posts, emails, or data related to ties provided in the Federal Trade Commis- cation that the user is connected to; or a transaction involving the user) or informa- sion Act. (ii) advertising that is directed to a user by tion needed to decipher that data provided (D) AUTHORITY PRESERVED.—Nothing in the operator of a website, online service, on- that the transfer and any storage necessary this section shall be construed to limit the line application, or mobile application based to enact the transfer is conducted solely to authority of the Commission under any on the search terms that the user used to ar- carry out the user’s intent to share such other provision of law. rive at such website, service, or application. data with individual users in other countries (2) CRIMINAL PENALTY.— and that necessary storage occurs only on (6) USER DATA.—The term ‘‘user data’’ (A) OFFENSE.—It shall be unlawful to means any information obtained by an enti- the intended recipient’s individual device. knowingly cause a technology company to ty that provides a data-based service such as (3) EFFECTIVE DATE.—The requirements of violate a requirement of subsection (b) or (c). a website or internet application that identi- this subsection shall take effect 90 days after (B) PENALTY.—Any person who violates fies, relates to, describes, is capable of being the date of enactment of this Act. subparagraph (A) shall be imprisoned for not associated with, or could reasonably be (c) DATA SECURITY REQUIREMENTS FOR more than 5 years, fined under title 18, linked with an individual who is a citizen or OTHER TECHNOLOGY COMPANIES.— United States Code, or both. resident of the United States without regard (1) IN GENERAL.—The following require- (3) ENFORCEMENT BY STATE ATTORNEYS GEN- to whether such information is directly sub- ments shall apply to any company operating ERAL.— mitted by the individual to the entity, is de- in or affecting interstate or foreign com- (A) IN GENERAL.— rived by the entity from the observed activ- merce that provides a data-based service (i) CIVIL ACTIONS.—In any case in which the ity of the individual, or is obtained by the such as a website or internet application but attorney general of a State has reason to be- entity by any other means. is not a covered technology company: lieve that an interest of the residents of that (b) DATA SECURITY REQUIREMENTS FOR COV- (A) PROHIBITION ON TRANSFER TO COUNTRIES State has been or is threatened or adversely ERED TECHNOLOGY COMPANIES.— OF CONCERN.—The company shall not transfer affected by the engagement of any person in (1) IN GENERAL.—The following require- any user data collected from an individual in a practice that violates subsection (b) or (c), ments shall apply to a covered technology the United States or information needed to the State, as parens patriae, may bring a company: decipher that data, such as encryption keys, civil action on behalf of the residents of the (A) MINIMAL COLLECTION OF DATA.—The to any country of concern (including indi- State in a district court of the United States company shall not collect any more user rectly through a third country that is not a or a State court of appropriate jurisdiction data than is necessary for the operation of country of concern). to— the website, service, or application of the (B) PROHIBITION ON STORING DATA IN COUN- (I) enjoin that practice; company. TRIES OF CONCERN.—The company shall not (II) enforce compliance with such section; (B) PROHIBITION ON SECONDARY USES.—The store any user data collected from an indi- (III) on behalf of residents of the State, ob- company shall not use any user data col- vidual in the United States or information tain damages, statutory damages, restitu- lected under subparagraph (A) for any pur- needed to decipher that data, such as tion, or other compensation, each of which pose that is secondary to the operation of encryption keys, on a server or other data shall be distributed in accordance with State the website, service, or application of the storage device that is located in any country law; or company, including providing targeted ad- of concern. (IV) obtain such other relief as the court vertising, unnecessarily sharing such data (2) EXCEPTIONS.— may consider to be appropriate.

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(ii) NOTICE.— ‘‘(9) APPROVAL REQUIRED FOR CERTAIN (B) ending on the date, which may not be (I) IN GENERAL.—Before filing an action TRANSACTIONS.— before the date that is one year after such under clause (i), the attorney general of the ‘‘(A) IN GENERAL.—A covered transaction date of enactment, on which the Secretary of State involved shall provide to the Commis- described in subparagraph (C) is prohibited State, in consultation with the Secretary of sion— unless the Committee— Labor, the Commissioner of U.S. Customs (aa) written notice of that action; and ‘‘(i) reviews the transaction under this sub- and Border Protection, and the United (bb) a copy of the complaint for that ac- section; and States Trade Representative— tion. ‘‘(ii) determines that the transaction does (i) determines beyond a reasonable doubt (II) EXEMPTION.— not pose a risk to the national security of that no slave labor, forced labor, indentured (aa) IN GENERAL.—Subclause (I) shall not the United States. labor, or child labor exists in the People’s apply with respect to the filing of an action ‘‘(B) MITIGATION.—The Committee, or a Republic of China; and by an attorney general of a State under this lead agency on behalf of the Committee, may (ii) submits to Congress and makes avail- subparagraph if the attorney general of the negotiate, enter into or impose, and enforce able to the public a report on that deter- State determines that it is not feasible to an agreement or condition under subsection mination. provide the notice described in that sub- (l)(3) with any party to a covered transaction (3) REGULATIONS.—The Commissioner of clause before the filing of the action. described in subparagraph (C) to mitigate U.S. Customs and Border Protection may (bb) NOTIFICATION.—In an action described any risk to the national security of the prescribe regulations necessary for the en- in item (aa), the attorney general of a State United States that arises as a result of the forcement of paragraph (1). shall provide notice and a copy of the com- covered transaction. (b) INELIGIBILITY OF COUNTRIES THAT USE plaint to the Commission at the same time ‘‘(C) COVERED TRANSACTION DESCRIBED.—A FORCED LABOR FOR GENERALIZED SYSTEM OF as the attorney general files the action. covered transaction described in this sub- PREFERENCES.— (B) INTERVENTION.— paragraph is a transaction that could result (1) IN GENERAL.—Section 502(b)(2) of the (i) IN GENERAL.—On receiving notice under in foreign control of a United States com- Trade Act of 1974 (19 U.S.C. 2462(b)(2)) is subparagraph (A)(ii), the Commission shall pany— amended— have the right to intervene in the action ‘‘(i) that collects, sells, buys, or processes (A) by inserting after subparagraph (H) the that is the subject of the notice. user data and whose business consists sub- following: (ii) EFFECT OF INTERVENTION.—If the Com- stantially more of transferring data than ‘‘(I) Such country is identified by the Bu- mission intervenes in an action under sub- manufacturing, delivering, repairing, or reau of International Labor Affairs of the paragraph (A), it shall have the right— servicing physical goods or providing phys- Department of Labor pursuant to section (I) to be heard with respect to any matter ical services; or 105(b)(2)(C) of the Trafficking Victims Pro- that arises in that action; and ‘‘(ii) that operates a social media platform tection Reauthorization Act of 2005 (22 (II) to file a petition for appeal. or website. U.S.C. 7112(b)(2)(C)) as a source country of (C) CONSTRUCTION.—For purposes of bring- ‘‘(D) USER DATA DEFINED.—For purposes of goods that are believed to be produced by ing any civil action under subparagraph (A), subparagraph (C), the term ‘user data’ means forced labor or child labor in violation of nothing in this section shall be construed to any information obtained by an entity that international standards.’’; and prevent an attorney general of a State from provides a data-based service such as a (B) in the flush text at the end, by striking exercising the powers conferred on the attor- website or internet application that identi- ‘‘(F),’’ and all that follows through ‘‘section ney general by the laws of that State to— fies, relates to, describes, is capable of being 507(6)(D))’’ and inserting ‘‘and (F)’’. (i) conduct investigations; associated with, or could reasonably be (2) EFFECTIVE DATE.—The amendments (ii) administer oaths or affirmations; or linked with an individual who is a citizen or made by paragraph (1) apply with respect to (iii) compel the attendance of witnesses or resident of the United States without regard articles entered on or after the date that is the production of documentary and other to whether such information is directly sub- 30 days after the date of the enactment of evidence. mitted by the individual to the entity, is de- this Act. (D) ACTIONS BY THE COMMISSION.—In any rived by the entity from the observed activ- case in which an action is instituted by or on ity of the individual, or is obtained by the SA 1952. Mr. HAWLEY submitted an behalf of the Commission for violation of entity by any other means.’’. amendment intended to be proposed to subsection (b) or (c), no State may, during amendment SA 1502 proposed by Mr. the pendency of that action, institute an ac- SA 1951. Mr. HAWLEY submitted an SCHUMER to the bill S. 1260, to establish tion under subparagraph (A) against any de- amendment intended to be proposed to a new Directorate for Technology and fendant named in the complaint in the ac- amendment SA 1502 proposed by Mr. Innovation in the National Science tion instituted by or on behalf of the Com- SCHUMER to the bill S. 1260, to establish Foundation, to establish a regional mission for that violation. a new Directorate for Technology and (E) VENUE; SERVICE OF PROCESS.— technology hub program, to require a Innovation in the National Science strategy and report on economic secu- (i) VENUE.—Any action brought under sub- Foundation, to establish a regional paragraph (A) may be brought in— rity, science, research, innovation, technology hub program, to require a (I) the district court of the United States manufacturing, and job creation, to es- that meets applicable requirements relating strategy and report on economic secu- tablish a critical supply chain resil- rity, science, research, innovation, to venue under section 1391 of title 28, United iency program, and for other purposes; manufacturing, and job creation, to es- States Code; or which was ordered to lie on the table; tablish a critical supply chain resil- (II) a State court of competent jurisdic- as follows: tion. iency program, and for other purposes; (ii) SERVICE OF PROCESS.—In an action In division B, insert after section 2510 the which was ordered to lie on the table; following: brought under subparagraph (A) in a district as follows: court of the United States, process may be SEC. 2511. MARKING OF ARTICLES THAT ORIGI- In title III of division C, insert after sec- served wherever defendant— NATE IN COUNTRIES BELIEVED TO tion 3302 the following: PRODUCE GOODS MADE BY FORCED (I) is an inhabitant; or SEC. 3303. MEASURES TO PREVENT IMPORTA- LABOR OR CHILD LABOR. (II) may be found. TION OF GOODS MADE WITH (a) IN GENERAL.—It shall be unlawful for an (4) PRIVATE RIGHT OF ACTION.— FORCED LABOR. article that is required to be marked under (A) IN GENERAL.—Any individual who suf- (a) DUTIES ON IMPORTS FROM XINJIANG.— section 304 of the Tariff Act of 1930 (19 U.S.C. fers injury as a result of an act, practice, or (1) IN GENERAL.—During the period speci- 1304) and originates in a source country to be omission of a covered technology company fied in paragraph (2), there shall be imposed introduced, sold, advertised, or offered for that violates subsection (b) may bring a civil a duty of 100 percent ad valorem, in addition sale in commerce in the United States unless action against such company in any court of to all duties otherwise applicable, on all that article is legibly, indelibly, and perma- competent jurisdiction. goods, wares, articles, or merchandise— nently marked, in addition to being marked (B) RELIEF.—In a civil action brought (A) mined, produced, or manufactured with the English name of the country of ori- under subparagraph (A) in which the plain- wholly or in part in the Xinjiang Uyghur Au- gin of the article as required by such section tiff prevails, the court may award such tonomous Region of the People’s Republic of 304, as follows: ‘‘The United States Depart- plaintiff up to $1,000 for each day that such China; or ment of Labor has reason to believe that plaintiff was affected by a violation of sub- (B) manufactured or assembled from any goods from this country are produced by section (b) (up to a maximum of $15,000 per component part or material that is mined, child labor or forced labor in violation of each such violation per plaintiff). produced, or manufactured in the Xinjiang international standards.’’. (e) REQUIREMENT FOR APPROVAL OF COM- Uyghur Autonomous Region. (b) ADDITIONAL DUTIES; DELIVERY WITH- MITTEE ON FOREIGN INVESTMENT IN THE (2) PERIOD SPECIFIED.—The period specified HELD; PENALTIES.—The provisions of sub- UNITED STATES OF CERTAIN TRANSACTIONS.— in this paragraph is the period— sections (i), (j), and (l) of section 304 of the Section 721(b) of the Defense Production Act (A) beginning on the date that is 90 days Tariff Act of 1930 (19 U.S.C. 1304) apply with of 1950 (50 U.S.C. 4565(b)) is amended by add- after the date of the enactment of this Act; respect to an article that is not marked as ing at the end the following: and required by subsection (a) to the same extent

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(2) there is reason to believe the COVID–19 tem, a list of the printed circuit boards in (c) REGULATIONS.—The Commissioner of pandemic may have originated at the Wuhan the covered system that includes, for each U.S. Customs and Border Protection shall Institute of Virology; and printed circuit board, an attestation of prescribe regulations that— (3) the Director of National Intelligence whether— (1) ensure the requirement under sub- should declassify and make available to the (1) the printed circuit board was partially section (a) is appropriately applied to arti- public as much information as possible about or fully manufactured and assembled in a cles introduced, sold, advertised, or offered the origin of COVID–19 so the United States covered nation; for sale in commerce on an internet website and like-minded countries can— (2) the printed circuit board was fully man- such that the internet description of the ar- (A) identify the origin of COVID–19 as ex- ufactured and assembled outside of a covered ticle indicates in a conspicuous place the peditiously as possible, and nation; or marking required by subsection (a); and (B) use that information to take all appro- (3) the provider cannot determine where (2) provide for enforcement of the require- priate measures to prevent a similar pan- the printed circuit board was manufactured ment under subsection (a). demic from occurring again. and assembled. (d) SOURCE COUNTRY DEFINED.—In this sec- (c) IN GENERAL.—Not later than 90 days (c) REGULATIONS.—Not later than 90 days tion, the term ‘‘source country’’ means a after the date of the enactment of this Act, after the date of the enactment of this Act, country identified by the Bureau of Inter- the Director of National Intelligence shall— the Secretary shall promulgate such regula- national Labor Affairs of the Department of (1) declassify any and all information re- tions as are necessary to carry out this sec- Labor pursuant to section 105(b)(2)(C) of the lating to potential links between the Wuhan tion. Trafficking Victims Protection Reauthoriza- Institute of Virology and the origin of the (d) DEFINITIONS.—In this section: tion Act of 2005 (22 U.S.C. 7112(b)(2)(C)) as a Coronavirus Disease 2019 (COVID–19), includ- (1) The term ‘‘covered nation’’ includes the source country of goods that are believed to ing— following: be produced by forced labor or child labor in (A) The People’s Republic of China. violation of international standards. (A) activities performed by the Wuhan In- stitute of Virology with or on behalf of the (B) The Russian Federation. SA 1953. Mr. HAWLEY submitted an People’s Liberation Army; (C) The Democratic People’s Republic of amendment intended to be proposed to (B) coronavirus research or other related North Korea. (D) The Islamic Republic of Iran. amendment SA 1502 proposed by Mr. activities performed at the Wuhan Institute of Virology prior to the outbreak of COVID– (2) The term ‘‘covered system’’ means any SCHUMER to the bill S. 1260, to establish 19; and item, including commercial items and com- a new Directorate for Technology and (C) researchers at the Wuhan Institute of mercially available off-the-shelf items, not- Innovation in the National Science Virology who fell ill in autumn 2019, includ- withstanding section 3452 of title 10, United Foundation, to establish a regional ing for any such researcher— States Code, as redesignated by section technology hub program, to require a (i) the researcher’s name; 1821(a)(1) of the William M. (Mac) Thorn- strategy and report on economic secu- (ii) the researcher’s symptoms; berry National Defense Authorization Act rity, science, research, innovation, (iii) the date of the onset of the research- for Fiscal Year 2021 (Public Law 116–283), or manufacturing, and job creation, to es- er’s symptoms; sections 1906 and 1907 of title 41, United tablish a critical supply chain resil- (iv) the researcher’s role at the Wuhan In- States Code, that— (A) has an electronic component; iency program, and for other purposes; stitute of Virology; (v) whether the researcher was involved (B) is provided to the Department of De- which was ordered to lie on the table; with or exposed to coronavirus research at fense under a contract that exceeds the sim- as follows: the Wuhan Institute of Virology; plified acquisition threshold; and Strike section 3217 of division C and insert (vi) whether the researcher visited a hos- (C) transmits or stores information includ- the following: pital while they were ill; and ing— SEC. 3217. DECLASSIFICATION OF INFORMATION (vii) a description of any other actions (i) telecommunications; RELATED TO THE ORIGIN OF COVID– taken by the researcher that may suggest (ii) data communications and storage, in- 19. they were experiencing a serious illness at cluding servers, switches, and networking (a) FINDINGS.—Congress makes the fol- the time; and systems, but excluding personal data storage lowing findings: (2) submit to Congress an unclassified re- devices, personal computers, desktop com- (1) The Department of State released a fact port that contains— puters, tablets, and handheld equipment; sheet on January 15, 2021, about the Wuhan (A) all of the information described under (iii) information technology security sys- Institute of Virology (WIV) which stated the paragraph (1); and tems; and following: (B) only such redactions as the Director (iv) any other system that the Secretary (A) ‘‘The U.S. government has reason to determines necessary to protect sources and determines should be covered. believe that several researchers inside the methods without altering or obscuring in (3) The term ‘‘manufactured and assem- WIV became sick in autumn 2019, before the any way the information described under bled’’, with respect to a printed circuit first identified case of the outbreak, with paragraph (1). board, includes all actions from the printing symptoms consistent with both COVID–19 of the printed circuit board from raw mate- and common seasonal illnesses.’’. SA 1954. Mr. HAWLEY submitted an rials to the integration of the completed (B) ‘‘WIV researchers conducted experi- amendment intended to be proposed to printed circuit board in an end item or com- ments involving RaTG13, the bat coronavirus ponent of an end item. identified by the WIV in January 2020 as its amendment SA 1502 proposed by Mr. closest sample to SARS-CoV-2.’’. SCHUMER to the bill S. 1260, to establish SA 1955. Mr. JOHNSON submitted an (C) ‘‘Despite the WIV presenting itself as a a new Directorate for Technology and amendment intended to be proposed to civilian institution, the United States has Innovation in the National Science amendment SA 1502 proposed by Mr. determined that the WIV has collaborated on Foundation, to establish a regional publications and secret projects with China’s SCHUMER to the bill S. 1260, to establish technology hub program, to require a a new Directorate for Technology and military.’’. strategy and report on economic secu- (2) Former Director of the Centers for Dis- Innovation in the National Science ease Control and Prevention, Robert rity, science, research, innovation, Foundation, to establish a regional Redfield, stated in March 2021 that, ‘‘the manufacturing, and job creation, to es- technology hub program, to require a most likely etiology of this pathogen in tablish a critical supply chain resil- strategy and report on economic secu- Wuhan was from a laboratory’’ and noted iency program, and for other purposes; rity, science, research, innovation, that, ‘‘[i]t is not unusual for respiratory which was ordered to lie on the table; manufacturing, and job creation, to es- pathogens that are being worked on in a lab- as follows: oratory to infect the laboratory worker.’’. tablish a critical supply chain resil- At the appropriate place, insert the fol- iency program, and for other purposes; (3) Director-General of the World Health lowing: Organization Tedros Adhanom Ghebreyesus which was ordered to lie on the table; lll acknowledged in March 2021 that the SEC. . REQUIREMENT THAT CERTAIN PRO- VIDERS OF SYSTEMS TO DEPART- as follows: Coronavirus Disease 2019 (COVID–19) may MENT OF DEFENSE DISCLOSE THE At the appropriate place, insert the fol- have originated in a laboratory and said this SOURCE OF PRINTED CIRCUIT lowing: hypothesis ‘‘requires further investigation, BOARDS WHEN SOURCED FROM CER- SEC. ll. AGREEMENTS RELATED TO NUCLEAR potentially with additional missions involv- TAIN COUNTRIES. PROGRAM OF IRAN DEEMED TREA- ing specialist experts.’’. (a) SHORT TITLE.—This section may be TIES SUBJECT TO ADVICE AND CON- (b) SENSE OF CONGRESS.—It is the sense of cited as the ‘‘Protecting Our Defense Sys- SENT OF THE SENATE. Congress that— tems Act’’. (a) TREATY SUBJECT TO ADVICE AND CON- (1) identifying the origin of Coronavirus (b) DISCLOSURE.—The Secretary of Defense SENT OF THE SENATE.—Notwithstanding any Disease 2019 (COVID–19) is critical for pre- shall require any provider of a covered sys- other provision of law, any agreement

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.036 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3368 CONGRESSIONAL RECORD — SENATE May 24, 2021 reached by the President with Iran relating States and mobilized the Tsunami Warning an amendment intended to be proposed to the nuclear program of Iran is deemed to System in the Pacific. to amendment SA 1502 proposed by Mr. be a treaty that is subject to the require- (6) The earthquake forced the emergency SCHUMER to the bill S. 1260, to establish ments of article II, section 2, clause 2 of the shutdown of 4 nuclear power facilities in a new Directorate for Technology and Constitution of the United States requiring Japan, representing a significant loss of elec- that the treaty is subject to the advice and tric generation capacity for Japan and neces- Innovation in the National Science consent of the Senate, with two-thirds of sitating rolling blackouts in portions of Foundation, to establish a regional Senators concurring. Tokyo. technology hub program, to require a (b) LIMITATION ON SANCTIONS RELIEF.—Not- (7) The earthquake and the resulting tsu- strategy and report on economic secu- withstanding any other provision of law, the nami severely damaged the Fukushima rity, science, research, innovation, President may not waive, suspend, reduce, Daiichi nuclear power station, precipitating manufacturing, and job creation, to es- provide relief from, or otherwise limit the a loss of power for cooling systems at that tablish a critical supply chain resil- application of sanctions under any other pro- facility and necessitating emergency meas- iency program, and for other purposes; vision of law or refrain from applying any ures to prevent serious radiation leakages. such sanctions pursuant to an agreement re- (8) International response to the disaster which was ordered to lie on the table; lated to the nuclear program of Iran that in- was swift, with search and rescue teams ar- as follows: cludes the United States, commits the riving from the United States, the United At the end of title V of division B, add the United States to take action, or pursuant to Kingdom, Australia, New Zealand, France, following: which the United States commits or other- and China, among other countries. SEC. 2528. DENIAL OF FUNDS FOR PREVENTING wise agrees to take action, regardless of the (9) The USS Ronald Reagan aircraft carrier GOVERNMENT AGENCY ACCESS TO form it takes, whether a political commit- and its support vessels were deployed to the CAMPUS. ment or otherwise, and regardless of whether earthquake region to participate in search (a) DENIAL OF FUNDS FOR PREVENTING GOV- it is legally binding or not, including any and rescue and relief operations. ERNMENT AGENCY ACCESS TO CAMPUS.—No joint comprehensive plan of action entered (10) Elements of the III Marine Expedi- funds described in subsection (c)(1) may be into or made between Iran and any other tionary Force (MEF), a United States Agen- provided by contract or by grant to an insti- parties, and any additional materials related cy for International Development Disaster tution of higher education (including any thereto, including annexes, appendices, codi- Assistance Response Team (DART), and subelement of such institution) if the Direc- cils, side agreements, implementing mate- other United States military and civilian tor determines that the institution (or any rials, documents, and guidance, technical or personnel were deployed to Japan to render subelement of that institution) has a policy other understandings, and any related agree- aid and help coordinate United States relief or practice (regardless of when implemented) ments, whether entered into or implemented efforts. that either prohibits, or in effect prevents— prior to the agreement or to be entered into (11) The United States-Japan alliance is (1) the government agencies or organiza- or implemented in the future, subject to the based upon shared values, democratic ideals, tions from gaining access to campuses, or ac- advice and consent of the Senate as a treaty, free markets, and a mutual respect for cess to students (who are 17 years of age or receives the concurrence of two thirds of the human rights, individual liberties, and the older) on campuses, for purposes of recruit- Senators. rule of law, and is central to the security and ing in a manner that is at least equal in prosperity of the entire Indo-Pacific region. quality and scope to the access to campuses SA 1956. Mr. HAGERTY (for himself (12) The Self-Defense Forces of Japan have and to students that is provided to any other and Mr. COONS) submitted an amend- contributed broadly to global security mis- employer; or ment intended to be proposed to sions, including relief operations following (2) access by government recruiters for amendment SA 1502 proposed by Mr. the tsunami in Indonesia in 2005, reconstruc- purposes of government recruiting to the fol- tion in Iraq from 2004 to 2006, and relief as- lowing information pertaining to students SCHUMER to the bill S. 1260, to establish sistance following the earthquake in Haiti in (who are 17 years of age or older) enrolled at a new Directorate for Technology and 2010. that institution (or any subelement of that Innovation in the National Science (13) Japan is among the most generous institution): Foundation, to establish a regional donor nations, providing billions of dollars of (A) Names, addresses, electronic mail ad- technology hub program, to require a foreign assistance, including disaster relief, dresses (which shall be the electronic mail strategy and report on economic secu- annually to developing countries. addresses provided by the institution, if rity, science, research, innovation, (14) Since 2011, Japan has committed tre- available), and telephone listings. manufacturing, and job creation, to es- mendous resources and effort to decommis- (B) Date and place of birth, levels of edu- sion the Fukushima Daiichi nuclear power cation, academic majors, degrees received, tablish a critical supply chain resil- station by taking measures on contaminated and the most recent educational institution iency program, and for other purposes; water and extracting fuel. enrolled in by the student. which was ordered to lie on the table; (15) Since 2011, Japan has committed tre- (b) EXCEPTIONS.— as follows: mendous resources and effort to restore the (1) IN GENERAL.—The limitation estab- At the appropriate place in division C, in- environment in Fukushima Prefecture, in lished in subsection (a) shall not apply to an sert the following: collaboration with the International Atomic institution of higher education (or any sub- SEC. ll. SENSE OF CONGRESS ON THE 10TH AN- Energy Agency, to ensure that citizens can element of that institution) if the Director NIVERSARY OF THE MARCH 11, 2011, live with peace of mind with safe water and determines that the institution (and each EARTHQUAKE AND TSUNAMI IN food. subelement of that institution) has ceased JAPAN. (16) Ten years after the earthquake and re- the policy or practice described in that sub- (a) FINDINGS.—Congress makes the fol- sulting tsunami, Japan is seeking to host a section. lowing findings: successful Olympics in Tokyo where the best (2) DECLINE RELEASE.—A parent of a stu- (1) At 2:46 p.m. on March 11, 2011, an earth- athletes from across the world can showcase dent who has not yet turned 18 years of age quake initially reported as measuring 8.9 on their talents amidst the ongoing global and any student have the option to decline the Richter scale, the strongest recorded in COVID–19 pandemic. release of the student’s name, address, elec- more than 100 years in Japan, occurred near (b) SENSE OF CONGRESS.—It is the sense of tronic mail address, telephone listing, and the Tohoku region of Northeast Japan, 81 Congress that Congress— all other information to requesting govern- miles off the coast from Sendai City. (1) mourns the loss of life resulting from ment agencies or organizations. (2) Intense shaking could be felt from the earthquake and tsunami in Japan on (c) COVERED FUNDS.— Tokyo to Kamaishi, an arc of roughly 360 March 11, 2011; (1) IN GENERAL.—Except as provided in miles. (2) expresses its deepest condolences to the paragraph (2), the limitations established in (3) The earthquake generated a massive families of the victims of the tragedy; subsection (a) apply to the following: tsunami that caused widespread damage to a (3) expresses its sympathies to the sur- (A) Any funds made available for the Foun- swath of the northeast Japanese coastline vivors who are still suffering in the after- dation. and traveled across the Pacific Ocean, caus- math of the natural disaster; (B) Any funds made available for any de- ing damage to coastal communities as far (4) commends the Government of Japan for partment or agency for which regular appro- away as the States of Hawaii, Oregon, and its courageous and professional response to priations are made in a Departments of California. the natural disaster; and Labor, Health and Human Services, and Edu- (4) Authorities in Japan confirm at least (5) supports the efforts already underway cation, and Related Agencies Appropriations 15,899 deaths from the earthquake and result- by the United States Government, relief Act. ing tsunami. agencies, and private citizens to assist the (C) Any funds made available for the De- (5) Within minutes of the earthquake, the Government and people of Japan with the re- partment of Homeland Security. National Oceanic and Atmospheric Adminis- vitalization efforts in Fukushima Prefec- (D) Any funds made available for the Na- tration alerted emergency workers in the ture. tional Nuclear Security Administration of States of Hawaii, California, Oregon, Wash- the Department of Energy. ington, and Alaska that a potentially cata- SA 1957. Ms. ERNST (for herself, Mr. (E) Any funds made available for the De- strophic tsunami was heading toward those CRAMER, and Mr. SULLIVAN) submitted partment of Transportation.

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.036 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3369 (F) Any funds made available for the Cen- Innovation in the National Science At the appropriate place in subtitle A of tral Intelligence Agency. Foundation, to establish a regional title I of division F, insert the following: (2) AMOUNTS AVAILABLE FOR STUDENTS.— technology hub program, to require a SEC. ll. ESTABLISHMENT OF WORKING GROUP. Any Federal funding specified in paragraph strategy and report on economic secu- (a) ESTABLISHMENT OF WORKING GROUP.— (1) that is provided to an institution of high- Not later than 120 days after the date of en- er education, or to an individual, to be avail- rity, science, research, innovation, manufacturing, and job creation, to es- actment of this Act, the Secretary of Health able solely for student financial assistance, and Human Services (referred to in this sec- related administrative costs, or costs associ- tablish a critical supply chain resil- tion as the ‘‘Secretary’’) shall establish a ated with attendance, may be used for the iency program, and for other purposes; working group (in this Act referred to as the purpose for which the funding is provided. which was ordered to lie on the table; ‘‘Working Group’’) in the Department of (d) NOTICE OF DETERMINATIONS.—Whenever as follows: Health and Human Services to make rec- the Director makes a determination under At the appropriate place in title V of divi- ommended updates to the National Institute subsection (a), (b), or (c), the Director— sion B, insert the following: of Health’s Genomic Data Sharing Policy (1) shall transmit a notice of the deter- SEC. 25ll. INTELLIGENCE DUTIES OF OFFICE and to that end, develop and disseminate mination to the Secretary of Education and best practices on data sharing for use by en- to the head of each other department and OF HOMELAND SECURITY. (a) DEFINITIONS.—In this section: tities engaged in biomedical research and agency the funds of which are subject to the international collaboration to enable both determination; and (1) INTELLIGENCE COMMUNITY; NATIONAL IN- TELLIGENCE PROGRAM.—The terms ‘‘intel- academic, public, and private institutions (2) shall publish in the Federal Register a to— notice of the determination and the effect of ligence community’’ and ‘‘National Intel- ligence Program’’ have the meanings given (1) protect intellectual property; the determination on the eligibility of the (2) weigh the national security risks of po- institution of higher education (and any sub- those terms in section 3 of the National Se- curity Act of 1947 (50 U.S.C. 3003). tential partnerships where individually iden- element of that institution) for contracts tifiable health information (for purposes of and grants. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. this section, as defined by section 160.103 of title 45, Code of Federal Regulations (or any SA 1958. Mr. HAGERTY (for himself, (b) INTELLIGENCE DUTIES.—In addition to the duties described in section 221(d) of the successor regulations)), of the people of the Mr. WARNER, Ms. LUMMIS, Mr. COONS, Department of Agriculture Reorganization United States is exchanged; and Mrs. BLACKBURN, and Mr. CRAMER) sub- Act of 1994 (7 U.S.C. 6922(d)), the Executive (3) protect the individually identifiable mitted an amendment intended to be Director of Homeland Security of the De- health information of the people of the proposed to amendment SA 1502 pro- partment of Agriculture (referred to in this United States. posed by Mr. SCHUMER to the bill S. section as the ‘‘Executive Director’’) shall (b) MEMBERSHIP.— 1260, to establish a new Directorate for carry out the following duties: (1) COMPOSITION.—The Secretary shall, Technology and Innovation in the Na- (1) The Executive Director shall be respon- after consultation with the Director of the sible for leveraging the capabilities of the in- National Science Foundation and the Attor- tional Science Foundation, to establish ney General, appoint to the Working Group— a regional technology hub program, to telligence community and National Labora- tories intelligence-related research, to en- (A) individuals with knowledge and exper- require a strategy and report on eco- sure that the Secretary is fully informed of tise in data privacy or security, data-shar- nomic security, science, research, inno- threats by foreign actors to the food and ag- ing, national security, or the uses of genomic vation, manufacturing, and job cre- riculture critical infrastructure sector. technology and information in clinical or ation, to establish a critical supply (2) The Executive Director shall advise the non-clinical research; chain resiliency program, and for other Secretary on foreign efforts— (B) representatives of national associa- purposes; which was ordered to lie on (A) to steal knowledge and technology tions representing biomedical research insti- tutions and academic societies; the table; as follows: from the food and agriculture critical infra- structure sector; and (C) representatives of at least 2 major At the end of subtitle C of title I of divi- (B) to develop or implement biological genomics research organizations from the sion C, add the following: warfare attacks, cyber or clandestine oper- private sector; and SEC. 3124. STUDY ON THE CREATION OF AN OFFI- ations, or other means of sabotaging and dis- (D) representatives of any other entities CIAL DIGITAL CURRENCY BY THE rupting the food and agriculture critical in- the Secretary determines appropriate and PEOPLE’S REPUBLIC OF CHINA. frastructure sector. necessary to develop the best practices de- (a) IN GENERAL.—Not later than one year scribed in subsection (a). after the date of the enactment of this Act, (3) The Executive Director shall prepare, conduct, and facilitate intelligence briefings (2) REPRESENTATION.—In addition to the the President shall submit to the appro- members described in paragraph (1), the priate committees of Congress a report on for the Secretary and appropriate officials of the Department of Agriculture. Working Group shall include not less than the short-, medium-, and long-term national one representative of each of the following: security risks associated with the creation (4) The Executive Director shall operate as the liaison between the Secretary and the in- (A) The National Institutes of Health. and use of the official digital renminbi of the (B) The Bureau of Industry and Security of People’s Republic of China, including— telligence community, with the authority to request intelligence collection and analysis the Department of Commerce. (1) risks arising from potential surveil- (C) The National Academies of Science, lance of transactions; on matters relating to the food and agri- culture critical infrastructure sector. Engineering, and Mathematics. (2) risks related to security and illicit fi- (D) The Department of State. nance; and (5) The Executive Director shall collabo- rate with the intelligence community to (E) The Department of Justice. (3) risks related to economic coercion and (F) The Office of the National Coordinator social control by the People’s Republic of downgrade intelligence assessments for broader dissemination within the Depart- for Health Information Technology. China. (G) The Defense Advanced Research (b) FORM OF REPORT.—The report required ment of Agriculture. (6) The Executive Director shall facilitate Projects Agency. by subsection (a) shall be submitted in un- (H) The Department of Energy. classified form but may include a classified sharing information on foreign activities re- lating to agriculture, as acquired by the De- (3) DATE.—The appointments of the mem- annex. bers of the Working Group shall be made not (c) APPROPRIATE COMMITTEES OF CONGRESS partment of Agriculture with the intel- later than 90 days after the date of enact- DEFINED.—In this section, the term ‘‘appro- ligence community. ment of this Act. priate committees of Congress’’ means— (c) DUTIES OF WORKING GROUP.— (1) the Committee on Banking, Housing, SA 1960. Mr. RUBIO submitted an (1) STUDY.—The Working Group shall and Urban Affairs, the Committee on For- amendment intended to be proposed to study— eign Relations, the Committee on Appropria- amendment SA 1502 proposed by Mr. (A) the transfer of data between private, tions, and the Select Committee on Intel- SCHUMER to the bill S. 1260, to establish public, and academic institutions that par- ligence of the Senate; and a new Directorate for Technology and take in science and technology research and (2) the Committee on Financial Services, Innovation in the National Science their research partners, with a focus on enti- the Committee on Foreign Affairs, the Com- Foundation, to establish a regional ties of the People’s Republic of China and mittee on Appropriations, and the Perma- other foreign entities of concern, including a nent Select Committee on Intelligence of the technology hub program, to require a review of what circumstances would con- House of Representatives. strategy and report on economic secu- rity, science, research, innovation, stitute a transfer of data; Mr. COTTON submitted an manufacturing, and job creation, to es- (B) best practices regarding data protec- SA 1959. tion to help private, public, and academic in- amendment intended to be proposed to tablish a critical supply chain resil- stitutions that partake in biomedical re- amendment SA 1502 proposed by Mr. iency program, and for other purposes; search decide how to weigh and factor na- SCHUMER to the bill S. 1260, to establish which was ordered to lie on the table; tional security into their partnership deci- a new Directorate for Technology and as follows: sions and, through research collaborations,

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.023 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3370 CONGRESSIONAL RECORD — SENATE May 24, 2021 what steps the institutions can take to safe- SA 1961. Mr. ROMNEY (for himself concerned shall hold a comment period for guard data, particularly genomic data; and Mr. RUBIO) submitted an amend- private sources to share data regarding (C) recommendations regarding areas ment intended to be proposed to whether any land identified under paragraph where Federal agencies can coordinate to in- amendment SA 1502 proposed by Mr. (1) contains any critical mineral. crease education to such private and aca- (c) LIST.—At the end of the 90-day period demic research institutions that partake in SCHUMER to the bill S. 1260, to establish described in paragraph (1) of subsection (b), science and technology research to ensure a new Directorate for Technology and each Secretary concerned shall submit to the institutions can better protect them- Innovation in the National Science Congress a report containing a comprehen- selves from economic threats with a Foundation, to establish a regional sive list of all land identified as subject to an strengthened understanding of intellectual technology hub program, to require a administrative withdrawal from mineral de- property rights, research ethics, and the risk strategy and report on economic secu- velopment, including information on wheth- of intellectual property theft, as well as edu- rity, science, research, innovation, er the land contains any critical mineral, as cation on how to recognize and report such determined under paragraph (2) of that sub- threats; and manufacturing, and job creation, to es- section. (D) other risks and best practices related tablish a critical supply chain resil- (d) FINAL RULE.— to information and data sharing, as identi- iency program, and for other purposes; (1) IN GENERAL.—Not later than 30 days fied by the Working Group, including any which was ordered to lie on the table; after the date on which the Secretary con- gaps in current practice that could be ad- as follows: cerned submits the report under subsection dressed by congressional action. At the end of section 3213, add the fol- (c), the Secretary concerned shall issue a (2) REPORT.— lowing: final rule to rescind the withdrawal for each (A) IN GENERAL.—Not later than 1 year (c) PRECLEARANCE OPERATIONS AT TAOYUAN parcel of land determined under subsection after the date of enactment of this Act, the INTERNATIONAL AIRPORT.— (b)(2) to contain any critical mineral. Working Group shall submit a report that (1) EXECUTIVE AGREEMENT.—The Commis- (2) FINAL RULE.—Each individual rescission contains a detailed statement of the findings sioner of U.S. Customs and Border Protec- made by the Secretary concerned under and conclusions of the Working Group, to- tion shall enter into an executive agreement paragraph (1) shall be deemed to be a rule for gether with recommendations to update the with the Taoyuan International Airport to purposes of chapter 8 of title 5, United States National Institute of Health’s Genomic Data establish and maintain preclearance oper- Code (commonly known as the ‘‘Congres- Sharing Policy and subsequent nonbinding ations in such airport pursuant to section 629 sional Review Act’’). guidance regarding risks and safeguards for of the Tariff Act of 1930 (19 U.S.C. 1629) and (e) AUTOMATIC WITHDRAWAL.—With respect data sharing with foreign entities for re- section 103(a)(7) of the Immigration and Na- to any parcel of land under the jurisdiction search institutions in the field, to— tionality Act (8 U.S.C. 1103(a)(7)). of the Secretary concerned that is subject to (i) the Secretary of Health and Human an administrative withdrawal from mineral Services; (2) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such development, if the Secretary does not sub- (ii) the President; mit a report under subsection (c) with re- (iii) the Committee on Health, Education, sums as may be necessary to establish and maintain preclearance operations at spect to that parcel by the deadline de- Labor, and Pensions, the Committee on For- scribed in subsection (b)(1), the administra- eign Relations, and the Select Committee on Taoyuan International Airport in accordance with the executive agreement referred to in tive withdrawal for that parcel shall auto- Intelligence of the Senate; and matically be rescinded. (iv) the Committee on Energy and Com- paragraph (1). merce, the Committee on Foreign Affairs, Mr. COTTON submitted an SA 1962. Mr. LEE submitted an SA 1963. and the Permanent Select Committee on In- amendment intended to be proposed by telligence of the House of Representatives. amendment intended to be proposed to amendment SA 1502 proposed by Mr. him to the bill S. 1260, to establish a (B) GUIDANCE.—The guidance provided new Directorate for Technology and In- under subparagraph (A) shall include non- SCHUMER to the bill S. 1260, to establish binding guidance for entities that utilize a new Directorate for Technology and novation in the National Science Foun- genomic technologies, such as whole Innovation in the National Science dation, to establish a regional tech- genomic sequencing, for use in research or Foundation, to establish a regional nology hub program, to require a strat- other types of individually identifiable technology hub program, to require a egy and report on economic security, health information. strategy and report on economic secu- science, research, innovation, manufac- (3) REQUIREMENTS.—In carrying out the du- turing, and job creation, to establish a ties of this subsection, the Working Group rity, science, research, innovation, manufacturing, and job creation, to es- critical supply chain resiliency pro- shall consider all existing Federal guidance gram, and for other purposes; which and grant requirements (as of the date of tablish a critical supply chain resil- consideration), particularly with regard to iency program, and for other purposes; was ordered to lie on the table; as fol- foreign influences and research integrity, which was ordered to lie on the table; lows: and ensure that all recommended updates to as follows: At the appropriate place, insert the fol- the Genomic Data Sharing Policy and subse- lowing: At the end of title III of division F, add the quent best practices put forward by the SEC. ll. FEDERAL BUREAU OF INVESTIGATION following: working group not duplicate or conflict with REPORT ON ESPIONAGE AND INTEL- existing guidance, as of the date of publica- SEC. 63ll. CRITICAL MINERAL DEVELOPMENT. LECTUAL PROPERTY THEFT. tion. (a) DEFINITIONS.—In this section: (a) IN GENERAL.—Not later than 90 days (d) POWERS OF WORKING GROUP.— (1) CRITICAL MINERAL.—The term ‘‘critical after the date of enactment of this Act, the (1) HEARINGS.—The Working Group may mineral’’ means a critical mineral included Director of the Federal Bureau of Investiga- hold such hearings, sit and act at such times on the Final List of Critical Minerals 2018 tion shall submit a report on the potential and places, take such testimony, and receive published by the Secretary of the Interior (83 use of 10-year multi-entry visa programs of such evidence as the Working Group con- Fed. Reg. 23295 (May 18, 2018)). the United States by covered nations (as de- siders advisable to carry out this Act. (2) SECRETARY CONCERNED.—The term ‘‘Sec- fined in section 2533c(d) of title 10, United (2) INFORMATION FROM FEDERAL AGENCIES.— retary concerned’’ means, as applicable— States Code) to enable espionage and intel- (A) IN GENERAL.—The Working Group may (A) the Secretary of the Interior; or lectual property theft against the United secure directly from a Federal department or (B) the Secretary of Agriculture. States to— agency such information as the Working (b) REVIEW.— (1) the Select Committee on Intelligence of Group considers necessary to carry out this (1) IN GENERAL.—Not later than 90 days the Senate; Act. after the date of enactment of this Act, each (2) the Committee on the Judiciary of the (B) FURNISHING INFORMATION.—On request Secretary concerned shall complete a review Senate; of a majority of the members of the Working of all land under the jurisdiction of the Sec- (3) the Committee on Foreign Relations of Group, the head of the department or agency retary concerned that is subject to an ad- the Senate; shall furnish the information to the Working ministrative withdrawal from mineral devel- (4) the Committee on Homeland Security Group. opment. and Governmental Affairs of the Senate; (3) POSTAL SERVICES.—The Working Group (2) CRITICAL MINERALS.— (5) the Permanent Select Committee on In- may use the United States mails in the same (A) IN GENERAL.—In carrying out the re- telligence of the House of Representatives; manner and under the same conditions as view under paragraph (1), the Secretary con- (6) the Committee on the Judiciary of the other departments and agencies of the Fed- cerned shall use data of the United States House of Representatives; eral Government. Geological Survey and any other relevant (7) the Committee on Foreign Affairs of the (e) TERMINATION OF WORKING GROUP.—The Federal agencies to determine whether any House of Representatives; and Working Group shall terminate 90 days after land identified under that paragraph con- (8) the Committee on Homeland Security the date on which the Working Group sub- tains any critical mineral. of the House of Representatives. mits the report required under subsection (B) SOLICITATION OF COMMENTS.—In car- (b) CONTENTS.—The report required under (c)(2). rying out subparagraph (A), the Secretary subsection (a) shall include, at a minimum,

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.006 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3371 an analysis of efforts by covered nations to (B) During the geostrategic competition with the People’s Republic of China, includ- exploit the visa programs described in sub- with the Soviet Union, the United States ar- ing an evaluation— section (a) and coerce individuals partici- ticulated and refined its strategy to ensure (A) of the balance among the capabilities pating in such visa programs to aid in espio- ultimate success. of all elements of national power of the nage or intellectual property theft by cov- (C) President Eisenhower utilized experts United States; and ered nations or entities under the jurisdic- from both within and outside the United (B) the balance of all United States ele- tion of such covered nations. States Government during Project Solarium ments of national power in comparison to to produce NSC 162/2, a ‘‘Statement of Policy equivalent elements of national power of the SA 1964. Mr. COTTON submitted an by the National Security Council on Basic People’s Republic of China. amendment intended to be proposed to National Security Policy’’ in order to ‘‘meet (5) The assumptions and end-state or end- amendment SA 1502 proposed by Mr. the Soviet Threat to U.S. security’’ and states of the strategy of the United States SCHUMER to the bill S. 1260, to establish guide United States national security policy. with respect to the People’s Republic of a new Directorate for Technology and (D) President Ford authorized the Team B China. Innovation in the National Science project to draw in experts from outside the (6) Such other information as the Presi- United States Government to question and Foundation, to establish a regional dent considers necessary to help inform Con- strengthen the analysis of the Central Intel- gress on matters relating to the national se- technology hub program, to require a ligence Agency. strategy and report on economic secu- curity strategy of the United States with re- (E) A model for United States strategy on spect to the People’s Republic of China. rity, science, research, innovation, a great power competitor is the January 17, manufacturing, and job creation, to es- 1983, National Security Decision Directive (d) ADVISORY BOARD ON CHINA GRAND tablish a critical supply chain resil- Number 75, approved by President Reagan, to STRATEGY.— iency program, and for other purposes; organize United States strategy toward the (1) ESTABLISHMENT.—There is hereby estab- which was ordered to lie on the table; Soviet Union in order to clarify and orient lished in the executive branch a commission United States policies towards specific objec- to be known as the ‘‘Advisory Board on as follows: tives vis a vis the Soviet Union. China Grand Strategy’’ (in this section re- At the end of title III of division B, add the (2) SENSE OF CONGRESS.—It is the sense of ferred to as the ‘‘Board’’). following: Congress that the United States should draw (2) PURPOSE.—The purpose of the Board is SEC. 2309. PROHIBITION AGAINST NATIONAL upon previous successful models of grand to convene outside experts to advise the SCIENCE FOUNDATION FUNDING strategy to articulate a strategy that appro- President on development of the China FOR FOREIGN ENTITIES OF CON- priately addresses the evolving challenges CERN. Grand Strategy. and contours of the current geostrategic (a) DEFINITIONS.—In this section: (3) DUTIES.— competition with the People’s Republic of (1) COVERED NATION.—The term ‘‘covered (A) REVIEW.—The Board shall review the China. nation’’ has the meaning given the term in current national security strategy of the section 2533c(d) of title 10, United States (b) CHINA GRAND STRATEGY.— United States with respect to the People’s Code. (1) IN GENERAL.—Not later than 30 days Republic of China, including assumptions, (2) FOREIGN ENTITY OF CONCERN.—The term after the date on which the President first strategy, and end-state or end-states. ‘‘foreign entity of concern’’ has the meaning submits to Congress a national security (B) ASSESSMENT AND RECOMMENDATIONS.— given the term in section 2307(a)(1). strategy under section 108 of the National The Board shall analyze the United States (b) INELIGIBILITY FOR NATIONAL SCIENCE Security Act of 1947 (50 U.S.C. 3043) after the national security strategy with respect to FOUNDATION FUNDING.—Notwithstanding any date of the enactment of this Act, the Presi- the People’s Republic of China, including other provision of law, the Director of the dent shall commence developing a com- challenging its assumptions and approach, National Science Foundation may not issue prehensive report that articulates the strat- and make recommendations to the President an award to— egy of the United States with respect to the for the China Grand Strategy. People’s Republic of China (in this section (1) a foreign entity of concern; or (4) COMPOSITION.— referred to as the ‘‘China Grand Strategy’’) (2) an applicant operating on behalf of a (A) RECOMMENDATIONS.—Not later than 30 foreign entity of concern. that builds on the work of such national se- days after the date on which the President curity strategy. (c) RULE OF CONSTRUCTION.—For the pur- first submits to Congress a national security (2) SUBMITTAL.—Not later than 270 days poses of subsection (b), nothing in section strategy under section 108 of the National after the date on which the President first 2307(a)(1)(C) may be construed to prohibit a Security Act of 1947 (50 U.S.C. 3043) after the submits to Congress a national security United States company or a company of an date of the enactment of this Act, the major- strategy under section 108 of the National allied nation that maintains a subsidiary op- ity leader of the Senate, the minority leader Security Act of 1947 (50 U.S.C. 3043) after the eration in a covered nation or a United of the Senate, the Speaker of the House of States university that maintains a branch date of the enactment of this Act, the Presi- dent shall submit to Congress the China Representatives, and the minority leader of campus in a covered nation from receiving the House of Representatives shall each pro- National Science Foundation funds at United Grand Strategy developed under paragraph vide to the President a list of at not fewer States locations strictly because of the ex- (1). than 6 candidates for membership on the istence of such subsidiary operation or (3) FORM.—The China Grand Strategy shall Board, at least 3 of whom shall be individ- branch campus. be submitted in classified form and shall in- clude an unclassified summary. uals in the private sector and 3 of whom shall be individuals in academia or employed SA 1965. Mr. ROMNEY submitted an (c) CONTENTS.—The China Grand Strategy amendment intended to be proposed to developed under subsection (b) shall set forth by a nonprofit research institution. (B) MEMBERSHIP.—The Board shall be com- amendment SA 1502 proposed by Mr. the national security strategy of the United States with respect to the People’s Republic posed of 8 members appointed by the Presi- SCHUMER to the bill S. 1260, to establish dent as follows: a new Directorate for Technology and of China and shall include a comprehensive description and discussion of the following: (i) Four shall be selected from among indi- Innovation in the National Science (1) The worldwide interests, goals, and ob- viduals in the private sector. Foundation, to establish a regional jectives of the United States, including na- (ii) Four shall be selected from among indi- technology hub program, to require a tional security interests, within the context viduals in academia or employed by a non- strategy and report on economic secu- of the competition with the People’s Repub- profit research institution. rity, science, research, innovation, lic of China. (iii) Two members should be selected from manufacturing, and job creation, to es- (2) The foreign and economic policy, world- among individuals included in the list sub- tablish a critical supply chain resil- wide commitments, and national defense ca- mitted by the majority leader of the Senate under subparagraph (A), of whom— iency program, and for other purposes; pabilities of the United States necessary to deter aggression and to implement the na- (I) one should be selected from among indi- which was ordered to lie on the table; tional security strategy of the United States viduals in the private sector; and as follows: within the context of the competition with (II) one should be selected from among in- At the appropriate place, insert the fol- the People’s Republic of China. dividuals in academia or employed by a non- lowing: (3) How the United States will exercise the profit research institution. SEC. llll. CHINA GRAND STRATEGY. political, economic, military, diplomatic, (iv) Two members should be selected from (a) FINDINGS; SENSE OF CONGRESS.— and other elements of its national power to among individuals included in the list sub- (1) FINDINGS.—Congress finds the following: protect or advance its interests and achieve mitted by the minority leader of the Senate (A) The United States is in a geostrategic the goals and objectives referred to in para- under subparagraph (A), of whom— competition with the People’s Republic of graph (1). (I) one should be selected from among indi- China, a great power that is challenging the (4) The adequacy of the capabilities of the viduals in the private sector; and United States in the diplomatic, economic, United States Government to carry out the (II) one should be selected from among in- military, technological, and informational national security strategy of the United dividuals in academia or employed by a non- domains. States within the context of the competition profit research institution.

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(v) Two members should be selected from (13) TERMINATION.—The Board shall termi- that has allowed some WTO members to gain among individuals included in the list sub- nate on the date that is 60 days after the unfair advantages in the international trade mitted by the Speaker of the House of Rep- date on which the President submits the arena; resentatives under subparagraph (A), or China Grand Strategy to Congress under sub- (3) China continues to declare itself a de- whom— section (b)(2). veloping country and avail itself of flexibili- (I) one should be selected from among indi- ties under WTO rules; viduals in the private sector; and SA 1966. Mr. HAGERTY submitted an (4) China has the second largest gross do- (II) one should be selected from among in- amendment intended to be proposed to mestic product in the world; dividuals in academia or employed by a non- amendment SA 1502 proposed by Mr. (5) China is the largest global exporter of profit research institution. SCHUMER to the bill S. 1260, to establish goods and accounts for more than 10 percent (vi) Two members should be selected from a new Directorate for Technology and of total global exports of goods; among individuals included in the list sub- Innovation in the National Science (6) the outbound and inbound foreign direct investment of China exceeds that of most mitted by the minority leader of the House Foundation, to establish a regional of Representatives under subparagraph (A), member countries of the Organization for of whom— technology hub program, to require a Economic Cooperation and Development; (I) one should be selected from among indi- strategy and report on economic secu- (7) China, however, continues to declare viduals in the private sector; and rity, science, research, innovation, itself a developing country to enjoy the spe- (II) one should be selected from among in- manufacturing, and job creation, to es- cial and differential treatment provisions dividuals in academia or employed by a non- tablish a critical supply chain resil- that come with that status; and profit research institution. iency program, and for other purposes; (8) when the largest economies claim de- (C) NONGOVERNMENTAL MEMBERSHIP; PERIOD which was ordered to lie on the table; veloping country status, they potentially harm not only other developed countries but OF APPOINTMENT; VACANCIES.— as follows: (i) NONGOVERNMENTAL MEMBERSHIP.—An in- also developing economies that require spe- dividual appointed to the Board may not be At the end of subtitle B of title II of divi- cial and differential treatment. an officer or employee of an instrumentality sion E, add the following: (b) PREVENTION OF ABUSE OF FLEXIBILI- of government. SEC. 5214. MODIFICATION OF DEFINITION OF DO- TIES.— MESTIC SOURCE UNDER DEFENSE (ii) PERIOD OF APPOINTMENT.—Members (1) IN GENERAL.—The United States Trade PRODUCTION ACT OF 1950. shall be appointed for the life of the Board. Representative shall use all available means (a) SENSE OF THE SENATE.—It is the sense (iii) VACANCIES.—Any vacancy in the Board as the Trade Representative considers appro- of the Senate that— shall be filled in the same manner as the priate to secure changes at the World Trade (1) rare earth elements are among the ma- original appointment. Organization that would prevent self-de- terials the United States domestic industrial (5) DEADLINE FOR APPOINTMENT.—Not later clared developing countries from availing base requires to produce modern high-tech than 60 days after the date on which the themselves of flexibilities in the rules and devices; President first submits to Congress a na- negotiations at the WTO that are not justi- (2) the People’s Republic of China possesses tional security strategy under section 108 of fied by appropriate economic and other indi- more than 80 percent of the world’s capacity the National Security Act of 1947 (50 U.S.C. cators, as determined by the Trade Rep- to process raw ore for rare earth elements, 3043) after the date of the enactment of this resentative. and is the world’s biggest reserve, producer, Act, the President shall— (2) COOPERATION.—The Trade Representa- consumer, processor, importer, and exporter (A) appoint the members of the Board pur- tive shall carry out the requirements under of rare earth elements; suant to paragraph (4); and paragraph (1) in cooperation with other like- (3) Greenland, a self-governing territory of (B) submit to Congress a list of the mem- minded WTO members. Denmark in North America, sits on vast, un- bers so appointed. (3) REPORT.—Not later than 270 days after tapped reserves of critical minerals, includ- (6) EXPERTS AND CONSULTANTS.—The Board the date of the enactment of this Act, the ing rare earth elements; and is authorized to procure temporary and Trade Representative shall submit to Con- (4) rare earth elements are critically im- intermittent services under section 3109 of gress a report on the progress of the Trade portant inputs for the United States domes- title 5, United States Code, but at rates for Representative in carrying out paragraph (1). tic industrial base. individuals not to exceed the daily equiva- (c) TREATMENT BY UNITED STATES.—Not (b) MODIFICATION OF DEFINITION.—Section later than 270 days after the date of the en- lent of the maximum annual rate of basic 702(7)(A) of the Defense Production Act of pay under level IV of the Executive Schedule actment of this Act, if the Trade Representa- 1950 (50 U.S.C. 4552(7)(A)) is amended by tive determines that substantial progress under section 5315 of title 5, United States striking ‘‘or Canada’’ and inserting ‘‘, Can- Code. has not been made toward securing the ada, or Greenland’’. changes described in subsection (b)(1), the (7) SECURITY CLEARANCES.—The appropriate Trade Representative shall, as the Trade Federal departments or agencies shall co- SA 1967. Mr. HAGERTY (for himself operate with the Board in expeditiously pro- Representative considers appropriate, no and Mr. WARNER) submitted an amend- viding to the Board members and experts and longer treat as a developing country for the consultants appropriate security clearances ment intended to be proposed to purposes of the WTO any WTO member that, to the extent possible pursuant to existing amendment SA 1502 proposed by Mr. in the judgment of the Trade Representative, procedures and requirements, except that no SCHUMER to the bill S. 1260, to establish is improperly declaring itself a developing person may be provided with access to classi- a new Directorate for Technology and country and inappropriately seeking the ben- fied information under this Act without the Innovation in the National Science efit of flexibilities in the rules and negotia- appropriate security clearances. tions at the WTO. Foundation, to establish a regional (d) PUBLICATION.— (8) RECEIPT, HANDLING, STORAGE, AND DIS- technology hub program, to require a (1) IN GENERAL.—Not later than 270 days SEMINATION.—Information shall only be re- strategy and report on economic secu- after the date of the enactment of this Act, ceived, handled, stored, and disseminated by the Trade Representative shall publish on an members of the Board and any experts and rity, science, research, innovation, internet website of the Office of the United consultants consistent with all applicable manufacturing, and job creation, to es- States Trade Representative a list of all self- statutes, regulations, and Executive orders. tablish a critical supply chain resil- declared developing countries that the Trade (9) NONAPPLICABILITY OF CERTAIN REQUIRE- iency program, and for other purposes; Representative determines are inappropri- MENTS.—The Federal Advisory Committee which was ordered to lie on the table; ately seeking the benefit of developing-coun- Act (5 U.S.C. App.) and section 552b of title 5, as follows: try flexibilities in the rules of and negotia- United States Code (commonly known as the At the end of title III of division F, add the tions by the WTO. ‘‘Government in the Sunshine Act’’), shall following: (2) UPDATE.—The Trade Representative not apply to the Board. SEC. 6302. PREVENTION OF ABUSE OF FLEXIBILI- shall update the list under paragraph (1) not (10) UNCOMPENSATED SERVICE.—Members of TIES IN RULES AND NEGOTIATIONS less frequently than annually. the Board shall serve without compensation. GIVEN BY THE WORLD TRADE ORGA- (e) DEFINITIONS.—In this section, the terms (11) COOPERATION FROM GOVERNMENT.—In NIZATION TO DEVELOPING COUN- ‘‘World Trade Organization’’, ‘‘WTO’’, and carrying out its duties, the Board shall re- TRIES. ‘‘WTO member’’ have the meanings given ceive the full and timely cooperation of the (a) SENSE OF THE SENATE.—It is the sense those terms in section 2 of the Uruguay heads of relevant Federal departments and of the Senate that— Round Agreements Act (19 U.S.C. 3501). agencies in providing the Board with anal- (1) the World Trade Organization (WTO) ysis, briefings, and other information nec- was established to catalyze economic growth SA 1968. Mr. CORNYN (for himself, essary for the fulfillment of its responsibil- and raise standards of living by establishing Mr. KELLY, Mr. RUBIO, and Mr. PETERS) ities. international trade rules based on principles (12) AUTHORIZATION OF APPROPRIATIONS.— of transparency, openness, and predict- submitted an amendment intended to There are authorized to be appropriated to ability; be proposed to amendment SA 1502 pro- carry out this section $2,000,000 for the period (2) the WTO continues to use a dichotomy posed by Mr. SCHUMER to the bill S. of fiscal years 2022 and 2023. between developed and developing countries 1260, to establish a new Directorate for

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.012 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3373 Technology and Innovation in the Na- On page 527, line 11, strike ‘‘2627’’ and in- SA 1969. Ms. HASSAN (for herself and tional Science Foundation, to establish sert ‘‘2626’’ Ms. ERNST) submitted an amendment a regional technology hub program, to On page 535, between lines 15 and 16, insert intended to be proposed by her to the the following: require a strategy and report on eco- bill S. 1260, to establish a new Direc- SEC. 2628A. HUMAN SPACE FACILITIES IN AND nomic security, science, research, inno- BEYOND LOW-EARTH ORBIT. torate for Technology and Innovation vation, manufacturing, and job cre- (a) SENSE OF CONGRESS.—It is the sense of in the National Science Foundation, to ation, to establish a critical supply Congress that human space facilities play a establish a regional technology hub chain resiliency program, and for other significant role in the long-term pursuit by program, to require a strategy and re- purposes; which was ordered to lie on the Administration of the exploration goals port on economic security, science, re- under section 202(a) of the National Aero- the table; as follows: nautics and Space Administration Author- search, innovation, manufacturing, and On page 497, strike line 11 and insert the ization Act of 2010 (42 U.S.C. 18312(a)). job creation, to establish a critical sup- following: (b) REPORT ON CREWED AND UNCREWED ply chain resiliency program, and for (1) For Exploration, $6,555,400,000. HUMAN SPACE FACILITIES.— other purposes; which was ordered to On page 497, strike line 13 and insert the (1) IN GENERAL.—Not later than 180 days lie on the table; as follows: following: after the date of the enactment of this divi- At the appropriate place, insert the fol- (3) For Science, $7,301,000,000. sion, the Administrator shall submit to the On page 497, strike line 15 and insert the appropriate committees of Congress a report lowing: following: on the potential development of 1 or more SEC. llll. VIRTUAL CURRENCIES AND THEIR (5) For Space Technology, $1,100,000,000. human space facilities. GLOBAL USE. On page 497, strike line 21 and insert the (2) CONTENTS.—With respect to the poten- (a) REPORT.—Not later than 2 years after following: tial development of each human space facil- the date of enactment of this Act, the Sec- pliance and Restoration, $390,278,000. ity referred to in paragraph (1), the report retary of the Treasury, in consultation with On page 503, strike lines 6 and 7 and insert required under such paragraph shall include the Attorney General, the United States the following: a description of the following: Trade Representative, the Board of Gov- gress that next-generation advanced (A) The capacity of the human space facil- ernors of the Federal Reserve System, the spacesuits and associated EVA technologies ity to advance, enable, or complement Office of the Director of National Intel- are critical technologies for human space ex- human exploration of the solar system, in- ligence, and any other agencies or depart- ploration and use of cluding human exploration of the atmos- ments that the Secretary of the Treasury de- On page 503, line 12, insert ‘‘and associated phere and the surface of celestial bodies. termines are necessary, shall submit to the EVA technologies’’ after ‘‘advanced (B) The role of the human space facility as Committee on Finance, the Committee on spacesuits’’. a staging, logistics, and operations hub in Banking, Housing, and Urban Affairs, the On page 510, line 9, insert ‘‘ ’’before THE exploration architecture. Committee on Foreign Relations, and the ‘‘INTERNATIONAL SPACE STATION’’. Committee on the Judiciary of the Senate On page 512, between lines 7 and 8, insert (C) The capacity of the human space facil- and the Committee on Ways and Means, the the following: ity to support the research, development, testing, validation, operation, and launch of Committee on Foreign Affairs, the Com- SEC. 2621A. TRANSITION STRATEGY FOR THE space exploration systems and technologies. mittee on the Judiciary, and Committee on INTERNATIONAL SPACE STATION. (D) The importance of workforce expertise Financial Services of the House of Rep- (a) IN GENERAL.—Not later than 300 days after the date of the enactment of this divi- and core capabilities at NASA centers, in- resentatives a report on virtual currency and sion, the Administrator shall submit to the cluding NASA centers that are primarily fo- their global use, which shall— cused on human spaceflight, in the develop- appropriate committees of Congress a strat- (1) assess how foreign countries use and ment of structures and systems for each egy that— mine virtual currencies, including identi- human space facility. (1) describes the manner in which the Ad- fying the largest state and private industry (E) Opportunities and strategies for com- ministration will ensure a stepwise transi- users and miners of virtual currency, policies mercial operation or public-private partner- tion to an eventual successor platform con- foreign countries have adopted to encourage ships with respect to the human space facil- sistent with the ISS Transition Principles virtual currency use and mining, and how ity that protect taxpayer interests and fos- specified in the International Space Station foreign countries could be strengthened or ter competition. Transition Report issued pursuant to section undermined by the use and mining of (F) The role of the human space facility in 50111(c)(2) of title 51, United States Code, on cryptocurrencies within their borders; encouraging further crewed and uncrewed ex- March 30, 2018; (2) identify, to the greatest extent prac- ploration investments. ticable, the types and dollar value of virtual (2) includes capability-driven milestones (G) The manner in which the development and timelines leading to such a transition; currency mined for each of fiscal years 2016 and maintenance of the International Space through 2022 within the United States and (3) takes into account the importance of Station would reduce the cost of, and time maintaining workforce expertise, core capa- globally, as well as within the People’s Re- necessary for, the development of the human public of China and within any other coun- bilities, and continuity at the centers of the space facility. Administration, including such centers that tries the Secretary of the Treasury deter- On page 551, strike lines 17 and 18 and in- mines are relevant; and are primarily focused on human spaceflight; sert the following: (4) considers how any transition described (3) identify vulnerabilities, including those 2640(b)(2)(A) of the National Aeronautics and related to supply disruptions and technology in paragraph (1) affects international and Space Administration Authorization Act of commercial partnerships; availability of the global microelectronic 2021. supply chain, and opportunities with respect (5) presents opportunities for future en- On page 583, between lines 2 and 3, insert to virtual currency mining operations. gagement with— the following: (b) CLASSIFIED ANNEX.—The report re- (A) international partners; (e) REPORT ON RESEARCH AND DEVELOPMENT quired under subsection (a) shall be sub- (B) countries with growing spaceflight ca- RELATING TO LIFE-SUSTAINING TECHNICAL mitted in unclassified form, but may contain pabilities, if such engagement is not pre- SYSTEMS AND PLAN FOR ACHIEVING POWER a classified annex. cluded by other provisions of law; SUPPLY.—Not later than 1 year after the date (C) the scientific community, including the of the enactment of this division, the Admin- --- microgravity research community; istrator shall submit to the appropriate com- SA 1970. Mr. MANCHIN submitted an (D) the private sector; and mittees of Congress— amendment intended to be proposed to (E) other United States Government users; (1) a report on the research and develop- amendment SA 1502 proposed by Mr. and ment of the Administration relating to tech- SCHUMER to the bill S. 1260, to establish (6) promotes the continued economic devel- nical systems for the self-sufficient a new Directorate for Technology and opment of low-Earth orbit. sustainment of life in and beyond low-Earth Innovation in the National Science orbit; and (b) IMPLEMENTATION PLAN.—The strategy Foundation, to establish a regional required by subsection (a) shall include an (2) a 10-year plan for achieving a power implementation plan describing the manner supply on the Moon that includes— technology hub program, to require a in which the Administration plans to carry (A) a consideration of the resources nec- strategy and report on economic secu- out such strategy. essary to accomplish such plan; rity, science, research, innovation, (c) REPORT.—Not less frequently than bien- (B) collaboration and input from industry manufacturing, and job creation, to es- nially, the Administrator shall submit to the and the Department of Energy; tablish a critical supply chain resil- appropriate committees of Congress a report (C) the use of a variety of types of energy, iency program, and for other purposes; including solar and nuclear; and on the implementation of the strategy re- which was ordered to lie on the table; quired by subsection (a). (D) a detailed description of the resources On page 523, line 8, strike ‘‘2626’’ and insert necessary for the Administration to build a as follows: ‘‘2625’’. lunar power facility with human-tended On page 80, line 21, insert ‘‘and in consulta- On page 526, line 16, strike ‘‘2626’’ and in- maintenance requirements during the subse- tion with the Secretary of Energy’’ after sert ‘‘2625’’. quent 10-year period. ‘‘Director’’.

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.034 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3374 CONGRESSIONAL RECORD — SENATE May 24, 2021 SA 1971. Mr. VAN HOLLEN (for him- SEC. lll3. DEFINITION OF FAB LAB. SEC. lll6. MEMBERSHIP AND ORGANIZATION. self and Ms. MURKOWSKI) submitted an In this title, the term ‘‘fab lab’’ means a Except as provided in this title, eligibility amendment intended to be proposed by facility that— for membership in the corporation and the him to the bill S. 1260, to establish a (1) contains the range of capabilities re- rights and privileges of members shall be in new Directorate for Technology and In- quired to create form and function from dig- accordance with the laws governing tax ex- novation in the National Science Foun- ital designs, including— empt organizations in the District of Colum- (A) computer-controlled machines for addi- bia. dation, to establish a regional tech- tive and subtractive fabrication processes; SEC. lll7. GOVERNING BODY. nology hub program, to require a strat- (B) tools and components for manufac- (a) IN GENERAL.—Except as provided in egy and report on economic security, turing and programming electronic circuits; subsection (b), directors, officers, and other science, research, innovation, manufac- (C) materials and methods for short-run staff of the corporation, and their powers turing, and job creation, to establish a production; and and duties, shall be in accordance with the (D) workflows for three-dimensional design critical supply chain resiliency pro- laws governing tax exempt organizations in and digitization; and gram, and for other purposes; which the District of Columbia. (2) is committed to supporting education, was ordered to lie on the table; as fol- (b) BOARD MEMBERSHIP.— lows: innovation, entrepreneurship, personal ex- pression, self-sufficiency, and social impact (1) COMPOSITION.—The board of the cor- At the appropriate place, insert the fol- for its community through digital fabrica- poration shall be composed of not fewer than lowing: tion. 7 members and not more than 15 members. TITLE ll—NATIONAL FAB LAB NETWORK (2) REPRESENTATION.— SEC. lll4. ESTABLISHMENT. SEC. lll1. SHORT TITLE. (A) IN GENERAL.—The membership of the This title may be cited as the ‘‘National There is hereby established a nonprofit board of the corporation shall collectively Fab Lab Network Act of 2021’’. corporation to be known as the ‘‘National represent the diversity of fab labs. SEC. lll2. FINDINGS. Fab Lab Network’’ (in this title referred to (B) REQUIREMENT.—At a minimum, the Congress finds the following: as the ‘‘corporation’’), which shall not be an board of the corporation shall be composed (1) Scientific discoveries and technical in- agency or establishment of the United States of members from geographic regions across novations are critical to the economic and Government. The corporation shall be sub- the United States, Tribal communities, edu- national security of the United States. ject to the provisions of this title, and, to cational and research institutions, libraries, (2) Maintaining the leadership of the the extent consistent with this title, to the nonprofit and commercial organizations, di- United States in science, technology, engi- District of Columbia Nonprofit Corporation verse demographic groups, and the Fab neering, and mathematics will require a di- Act (D.C. Code, section 29–501 et seq.). Foundation. verse population with the skills, interest, SEC. lll5. GOALS AND ACTIVITIES. (C) INDIVIDUAL REPRESENTATION.—An indi- vidual member of the board of the corpora- and access to tools required to advance these (a) GOALS.—The goals of the corporation fields. are as follows: tion may represent more than one board role (3) Just as earlier digital revolutions in (1) To provide universal access to digital and additional roles may be added to reflect communications and computation provided fabrication. the diversity of the fab lab ecosystem. individuals with the internet and personal (2) To foster current and future fab labs. (3) SELECTION.—The initial board of the computers, a digital revolution in fabrica- (3) To create a national network of con- corporation shall be chosen, in consultation tion will allow anyone to make almost any- nected local fab labs to empower individuals with the Fab Foundation and in accordance thing, anywhere. and communities in the United States. with paragraph (2)(A), as follows: (4) These creations include elements of a (4) To foster the use of distributed digital (A) Two shall be appointed by the majority typical household basket of goods (fur- fabrication tools— leader of the Senate. nishings, apparel, food production equip- (A) to promote science, technology, engi- (B) Two shall be appointed by the minority ment, shelter, transportation, education and neering and math skills; leader of the Senate. communication, recreation, and other goods (B) to increase invention and innovation; (C) Two shall be appointed by the Speaker and services), personal technology, means for (C) to create businesses and jobs; of the House of Representatives. personal expression, the production of digital (D) to fulfill personal, professional, and (D) Two shall be appointed by the minority fabrication machinery, community design, community needs; leader of the House of Representatives. and manufacturing capability. (E) to create value and mitigate harm; SEC. lll8. POWERS. (5) The Center for Bits and Atoms of the (F) to increase self-sufficiency for individ- Massachusetts Institute of Technology The corporation may— uals, households, and communities; and (CBA) has contributed significantly to the (1) coordinate the creation of a national (G) to align workforce development with advancement of these goals through its work network of local fab labs in the United new and emerging jobs. in creating and advancing digital fabrication States; (5) To provide a platform for education, re- facilities, or ‘‘fab labs’’ in the United States (2) issue guidelines for the sustainable op- search, and for catalyzing new methods in and abroad. eration of fab labs; science, technology, engineering, and mathe- (6) Such digital fabrication facilities may (3) issue standards and guidelines for fab matics education, and introducing digital include MakerSpaces, Hackerspaces, and labs; fabrication as an essential new literacy. other creative spaces that use digital fab- (4) serve as a resource for organizations rication as a platform for education, innova- (6) To create new ways of educating the and communities seeking to create fab labs tion, entrepreneurship, personal expression, workforce that will enable workers to com- by providing information, assessing suit- public access, and social impact. pete in a 21st century global marketplace. ability, advising on the lab lifecycle, and (7) Such digital fabrication facilities pro- (b) ACTIVITIES.—To attain the goals de- maintaining descriptions of prospective and vide a model for a new kind of national lab- scribed in subsection (a), the corporation operating sites; oratory that operates as a network, linking shall carry out activities, including the fol- (5) accept funds from private individuals, local facilities for advanced manufacturing, lowing: organizations, government agencies, or other providing universal access, cultivating new (1) Seeking to establish a minimum of one organizations; literacies, and empowering communities. fab lab in each Congressional District, (6) distribute funds to other organizations (8) The nonprofit Fab Foundation was es- prioritizing underserved communities. to establish and operate fab labs as members tablished to support the growth of the inter- (2) Seeking to establish additional labs of the corporation; national network of digital fabrication fa- within the network created under subsection (7) facilitate communication between other cilities, to amplify the educational, entre- (a)(3), in response to local demand, and to organizations seeking to join the corporation preneurial, and social impacts of digital fab- provide guidelines for their sustainable oper- with operational entities that can source and rication facilities, and to support the devel- ation. install fab labs, provide training, assist with opment of regional capacity building organi- (3) Linking fab labs into a national net- operations, account for spending, and assess zations to broaden impact as well as address work, and promoting further expansion of impact; local, regional, and global challenges fab labs across the United States. (8) communicate the benefits available through the use of digital fabrication tech- (4) Serving as a resource to assist diverse through membership in the corporation to nologies. public and private stakeholders with the ef- communities and the public; (9) A coordinated array of national public- fective operation of fab labs, and the train- (9) facilitate and participate in synergistic private partnerships will be the most effec- ing of fab lab leaders and mentors. programs, including workforce training, job tive way to accelerate the provision of uni- (5) Maintaining a national registry of fab creation, researching the enabling tech- versal access to this infrastructure for work- labs. nology and broader impacts of such pro- force development, science, technology, engi- (6) Providing standards and protocols for grams, and the production of civic infra- neering, and mathematics education, devel- connecting fab labs regionally, nationally, structure; oping inventions, creating businesses, pro- and globally. (10) develop processes and methods to miti- ducing personalized products, and mitigating (7) Assisting existing fab labs in producing gate risks associated with digital fabrica- risks. additional fab labs. tion;

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.034 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3375 (11) amend a constitution and bylaws for manufacturing, and job creation, to es- Sec. 7708. Amendment to the Federal Acqui- the management of its property and the reg- tablish a critical supply chain resil- sition Streamlining Act of 1994. ulation of its affairs; iency program, and for other purposes; Sec. 7709. Authorization of appropriations. (12) choose directors, officers, trustees, which was ordered to lie on the table; SEC. 7002. FINDINGS AND PURPOSES. managers, employees, and agents as the ac- as follows: (a) FINDINGS.—Congress finds the fol- tivities of the corporation require; lowing: (13) make contracts; At the end, add the following: (1) During times of economic downturn or (14) acquire, own, lease, encumber, and DIVISION G—MINORITY BUSINESS recession, communities of color, and busi- transfer property as necessary or convenient RESILIENCY nesses within those communities, are gen- to carry out the purposes of the corporation; SEC. 7001. SHORT TITLE; TABLE OF CONTENTS. erally more adversely affected. (15) borrow money, issue instruments of in- (a) SHORT TITLE.—This division may be (2) Despite the growth in the number of mi- debtedness, and secure its obligations by cited as the ‘‘Minority Business Resiliency nority business enterprises, gaps remain granting security interests in its property; Act of 2021’’. with respect to key metrics for those enter- (16) charge and collect membership dues (b) TABLE OF CONTENTS.—The table of con- prises, such as access to capital, revenue, and subscription fees; and tents for this division is as follows: number of employees, and survival rate. Spe- (17) sue and be sued. cifically— DIVISION G—MINORITY BUSINESS SEC. lll9. EXCLUSIVE RIGHT TO NAME, TERM, (A) according to the 2021 Small Business RESILIENCY SEALS, EMBLEMS, AND BADGES. Credit Survey of the Federal Reserve Banks, The corporation and its participating dig- Sec. 7001. Short title; table of contents. Black-owned and Latino-owned employer ital fabrication labs have the exclusive right Sec. 7002. Findings and purposes. businesses are more than 2 and 1.5 times to use— Sec. 7003. Definitions. more likely to be denied loans, respectively, (1) the name ‘‘National Fab Lab Network’’; Sec. 7004. Minority Business Development than White-owned employer businesses; and Agency. (B) according to the Bureau of the Census, (2) any seals, emblems, and badges the cor- TITLE I—EXISTING INITIATIVES the average non-minority business enterprise poration adopts. Subtitle A—Market Development, Research, reports revenue that is more than 3 times SEC. ll10. RESTRICTIONS. and Information higher than revenue reported by the average (a) STOCK AND DIVIDENDS.—The corporation minority business enterprise; and Sec. 7101. Private sector development. may not issue securities of any kind or de- (C) according to the Kauffman Founda- Sec. 7102. Public sector development. clare or pay a dividend. tion— Sec. 7103. Research and information. (b) DISTRIBUTION OF INCOME OR ASSETS.— (i) minority business enterprises are 1⁄2 as The income or assets of the corporation may Subtitle B—Minority Business Development likely to employ individuals, as compared not inure to the benefit of, or be distributed Agency Business Center Program with non-minority business enterprises; and to, a director, officer, or member during the Sec. 7111. Definition. (ii) if minorities started and owned busi- life of the corporation under this title. This Sec. 7112. Purpose. nesses at the same rate as non-minorities, subsection does not prevent the payment of Sec. 7113. Establishment. the economy of the United States would reasonable compensation to an officer or re- Sec. 7114. Grants and cooperative agree- have more than 1,000,000 additional employer imbursement for actual necessary expenses ments. businesses and more than 9,500,000 additional in amounts approved by the board of direc- Sec. 7115. Minimizing disruptions to existing jobs. tors. MBDA Business Center pro- (3) Because of the conditions described in (c) LOANS.—The corporation may not make gram. paragraph (2), it is in the interest of the a loan to a director, officer, or employee. Sec. 7116. Publicity. United States and the economy of the United (d) CLAIM OF GOVERNMENTAL APPROVAL OR TITLE II—NEW INITIATIVES TO PRO- States to expeditiously ameliorate the dis- AUTHORITY.—The corporation may not claim parities that minority business enterprises congressional approval or the authority of MOTE ECONOMIC RESILIENCY FOR MI- NORITY BUSINESSES experience. the United States Government for any of its (4) Many individuals who own minority Sec. 7201. Annual diverse business forum on activities, but may recognize establishment business enterprises are socially disadvan- capital formation. of the corporation pursuant to section taged because those individuals identify as Sec. 7202. Agency study on alternative fi- lll4 of this title. members of certain groups that have suffered nancing solutions. SEC. ll11. RECORDS AND INSPECTION. the effects of discriminatory practices or Sec. 7203. Educational development relating (a) RECORDS.—The corporation shall keep— similar circumstances over which those indi- to management and entrepre- (1) correct and complete records of ac- viduals have no control, including individ- neurship. count; uals who are— (2) minutes of the proceedings of its mem- TITLE III—RURAL MINORITY BUSINESS (A) Black or African American; bers, board of directors, and committees hav- CENTER PROGRAM (B) Hispanic or Latino; ing any of the authority of its board of direc- Sec. 7301. Definitions. (C) American Indian or Alaska Native; tors; and Sec. 7302. Business centers. (D) Asian; and (3) at its principal office, a record of the Sec. 7303. Report to Congress. (E) Native Hawaiian or other Pacific Is- names and addresses of its members entitled Sec. 7304. Study and report. lander. to vote. (5) Discriminatory practices and similar (b) INSPECTIONS.—A member entitled to TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS circumstances described in paragraph (4) are vote, or an agent or attorney of the member, a significant determinant of overall eco- Sec. 7401. Grants to nonprofit organizations may inspect the records of the corporation nomic disadvantage in the United States. that support minority business for any proper purpose, at any reasonable (6) It is in the interest of Congress to ad- enterprises. time. dress the persistent racial wealth gap in the SEC. ll12. ANNUAL REPORT. TITLE V—MINORITY BUSINESS United States and to support entrepreneur- Not less frequently than once each year, ENTERPRISES ADVISORY COUNCIL ship as a pathway to wealth development. the corporation shall submit to Congress, in- Sec. 7501. Purpose. (7) While other Federal agencies focus only cluding specifically to the Committee on Sec. 7502. Composition and term. on small businesses and businesses that rep- Commerce, Science, and Transportation of Sec. 7503. Duties. resent a broader demographic than solely the Senate and the Committee on Science, TITLE VI—FEDERAL COORDINATION OF minority business enterprises, the Agency Space, and Technology of the House of Rep- MINORITY BUSINESS PROGRAMS focuses exclusively on— resentatives, a report on the activities of the (A) the unique needs of minority business Sec. 7601. General duties. corporation during the prior fiscal year. enterprises; and Sec. 7602. Participation of Federal depart- --- (B) enhancing the capacity of minority ments and agencies. SA 1972. Mr. CARDIN (for himself, business enterprises. Mr. WICKER, Ms. CANTWELL, and Mr. TITLE VII—ADMINISTRATIVE POWERS (b) PURPOSES.—The purposes of this divi- SCOTT of South Carolina) submitted an OF THE AGENCY; MISCELLANEOUS sion are to— amendment intended to be proposed to PROVISIONS (1) require the Agency to promote and ad- amendment SA 1502 proposed by Mr. Sec. 7701. Administrative powers. minister programs in the public and private SCHUMER to the bill S. 1260, to establish Sec. 7702. Federal assistance. sectors to assist the development of minor- a new Directorate for Technology and Sec. 7703. Recordkeeping. ity business enterprises; and Innovation in the National Science Sec. 7704. Review and report by Comptroller (2) achieve the development described in General. paragraph (1) by authorizing the Under Sec- Foundation, to establish a regional Sec. 7705. Biannual reports; recommenda- retary to carry out programs that will result technology hub program, to require a tions. in increased access to capital, management, strategy and report on economic secu- Sec. 7706. Separability. and technology for minority business enter- rity, science, research, innovation, Sec. 7707. Executive Order 11625. prises.

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.034 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3376 CONGRESSIONAL RECORD — SENATE May 24, 2021 SEC. 7003. DEFINITIONS. clude a business enterprise from qualifying (F) American Samoa; In this division: as a ‘‘minority business enterprise’’ under (G) the Commonwealth of the Northern (1) AGENCY.—The term ‘‘Agency’’ means that subparagraph because of— Mariana Islands; and the Minority Business Development Agency (i) the status of the business enterprise as (H) each Indian Tribe. of the Department of Commerce. a for-profit or not-for-profit enterprise; or (18) UNDER SECRETARY.—The term ‘‘Under (2) COMMUNITY-BASED ORGANIZATION.—The (ii) the annual revenue of the business en- Secretary’’ means the Under Secretary of term ‘‘community-based organization’’ has terprise. Commerce for Minority Business Develop- the meaning given the term in section 8101 of (11) PRIVATE SECTOR ENTITY.—The term ment, who is appointed as described in sec- the Elementary and Secondary Education ‘‘private sector entity’’— tion 7004(b) to administer this division. Act of 1965 (20 U.S.C. 7801). (A) means an entity that is not a public SEC. 7004. MINORITY BUSINESS DEVELOPMENT (3) ELIGIBLE ENTITY.—Except as otherwise sector entity; and AGENCY. expressly provided, the term ‘‘eligible enti- (B) does not include— (a) IN GENERAL.—There is within the De- ty’’— (i) the Federal Government; partment of Commerce the Minority Busi- (A) means— (ii) any Federal agency; or ness Development Agency. (i) a private sector entity; (iii) any instrumentality of the Federal (b) UNDER SECRETARY.— (ii) a public sector entity; or Government. (1) APPOINTMENT AND DUTIES.—The Agency (iii) a Tribal government; and (12) PUBLIC SECTOR ENTITY.—The term shall be headed by the Under Secretary of (B) includes an institution of higher edu- ‘‘public sector entity’’ means— Commerce for Minority Business Develop- cation. (A) a State; ment, who shall— (4) FEDERAL AGENCY.—The term ‘‘Federal (B) an agency of a State; (A) be appointed by the President, by and agency’’ has the meaning given the term (C) a political subdivision of a State; or with the advice and consent of the Senate; ‘‘agency’’ in section 551 of title 5, United (D) an agency of a political subdivision of (B) except as otherwise expressly provided, States Code. a State. be responsible for the administration of this (5) FEDERALLY RECOGNIZED AREA OF ECO- (13) SECRETARY.—The term ‘‘Secretary’’ division; and NOMIC DISTRESS.—The term ‘‘federally recog- means the Secretary of Commerce. (C) report directly to the Secretary. nized area of economic distress’’ means— (14) SOCIALLY OR ECONOMICALLY DISADVAN- (2) COMPENSATION.— (A) a HUBZone, as that term is defined in TAGED BUSINESS CONCERN.—The term ‘‘so- (A) IN GENERAL.—The Under Secretary section 31(b) of the Small Business Act (15 cially or economically disadvantaged busi- shall be compensated at an annual rate of U.S.C. 657a(b)); ness concern’’ means a for-profit business en- (B) an area that— terprise— basic pay prescribed for level III of the Exec- (i) has been designated as— (A)(i) that is not less than 51 percent utive Schedule under section 5314 of title 5, (I) an empowerment zone under section owned by 1 or more socially or economically United States Code. 1391 of the Internal Revenue Code of 1986; or disadvantaged individuals; or (B) TECHNICAL AND CONFORMING AMEND- (II) a Promise Zone by the Secretary of (ii) that is socially or economically dis- MENT.—Section 5314 of title 5, United States Housing and Urban Development; or advantaged; or Code, is amended by striking ‘‘and Under (ii) is a low or moderate income area, as (B) the management and daily business op- Secretary of Commerce for Travel and Tour- determined by the Department of Housing erations of which are controlled by 1 or more ism’’ and inserting ‘‘Under Secretary of and Urban Development; socially or economically disadvantaged indi- Commerce for Travel and Tourism, and (C) a qualified opportunity zone, as that viduals. Under Secretary of Commerce for Minority term is defined in section 1400Z–1 of the In- (15) SOCIALLY OR ECONOMICALLY DISADVAN- Business Development’’. ternal Revenue Code of 1986; or TAGED INDIVIDUAL.— (c) REPORT TO CONGRESS.—Not later than (D) any other political subdivision or unin- (A) IN GENERAL.—The term ‘‘socially or 120 days after the date of enactment of this corporated area of a State determined by the economically disadvantaged individual’’ Act, the Secretary shall submit to Congress Under Secretary to be an area of economic means an individual who has been subjected a report that describes— distress. to racial or ethnic prejudice or cultural bias (1) the organizational structure of the (6) INDIAN TRIBE.—The term ‘‘Indian (or the ability of whom to compete in the Agency; Tribe’’— free enterprise system has been impaired due (2) the organizational position of the Agen- (A) has the meaning given the term in sec- to diminished capital and credit opportuni- cy within the Department of Commerce; and tion 4 of the Indian Self-Determination and ties, as compared to others in the same line (3) a description of how the Agency shall Education Assistance Act (25 U.S.C. 5304); of business and competitive market area) be- function in relation to the operations carried and cause of the identity of the individual as a out by each other component of the Depart- (B) includes a Native Hawaiian organiza- member of a group, without regard to any in- ment of Commerce. tion. dividual quality of the individual that is un- (d) OFFICE OF BUSINESS CENTERS.— (7) INSTITUTION OF HIGHER EDUCATION.—The related to that identity. (1) ESTABLISHMENT.—There is established term ‘‘institution of higher education’’ has (B) PRESUMPTION.—In carrying out this di- within the Agency the Office of Business the meaning given the term in section 101 of vision, the Under Secretary shall presume Centers. the Higher Education Act of 1965 (20 U.S.C. that the term ‘‘socially or economically dis- (2) DIRECTOR.—The Office of Business Cen- 1001). advantaged individual’’ includes any indi- ters shall be administered by a Director, who (8) MBDA BUSINESS CENTER.—The term vidual who is— shall be appointed by the Under Secretary. ‘‘MBDA Business Center’’ means any busi- (i) Black or African American; (e) OFFICES OF THE AGENCY.— ness center that— (ii) Hispanic or Latino; (1) IN GENERAL.—In addition to the regional (A) is established by the Agency; and (iii) American Indian or Alaska Native; offices that the Under Secretary is required (B) provides technical business assistance (iv) Asian; to establish under paragraph (2), the Under to minority business enterprises consistent (v) Native Hawaiian or other Pacific Is- Secretary shall establish such other offices with the requirements of this division. lander; or within the Agency as are necessary to carry (9) MBDA BUSINESS CENTER AGREEMENT.— (vi) a member of a group that the Agency out this division. The term ‘‘MBDA Business Center agree- determines under part 1400 of title 15, Code of (2) REGIONAL OFFICES.— ment’’ means a legal instrument— Federal Regulations, as in effect on Novem- (A) IN GENERAL.—In order to carry out this (A) reflecting a relationship between the ber 23, 1984, is a socially disadvantaged group division, the Under Secretary shall establish Agency and the recipient of a Federal assist- eligible to receive assistance. a regional office of the Agency for each of ance award that is the subject of the instru- (16) SPECIALTY CENTER.—The term ‘‘spe- the regions of the United States, as deter- ment; and cialty center’’ means an MBDA Business mined by the Under Secretary. (B) that establishes the terms by which the Center that provides specialty services fo- (B) DUTIES.—Each regional office estab- recipient described in subparagraph (A) shall cusing on specific business needs, including lished under subparagraph (A) shall expand operate an MBDA Business Center. assistance relating to— the reach of the Agency and enable the Fed- (10) MINORITY BUSINESS ENTERPRISE.— (A) capital access; eral Government to better serve the needs of (A) IN GENERAL.—The term ‘‘minority busi- (B) Federal procurement; minority business enterprises in the region ness enterprise’’ means a business enter- (C) entrepreneurship; served by the office, including by— prise— (D) technology transfer; or (i) understanding and participating in the (i) that is not less than 51 percent-owned (E) any other area determined necessary or business environment of that region; by 1 or more socially or economically dis- appropriate based on the priorities of the (ii) working with— advantaged individuals; and Agency. (I) MBDA Business Centers that are lo- (ii) the management and daily business op- (17) STATE.—The term ‘‘State’’ means— cated in that region; erations of which are controlled by 1 or more (A) each of the States of the United States; (II) resource and lending partners of other socially or economically disadvantaged indi- (B) the District of Columbia; appropriate Federal agencies that are lo- viduals. (C) the Commonwealth of Puerto Rico; cated in that region; and (B) RULE OF CONSTRUCTION.—Nothing in (D) the United States Virgin Islands; (III) Federal, State, and local procurement subparagraph (A) may be construed to ex- (E) Guam; offices that are located in that region;

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.038 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3377 (iii) being aware of business retention or (A) collect and analyze data, including ter’’), with respect to the Federal financial expansion programs that are specific to that data relating to the causes of the success or assistance award made to operate the Center region; failure of minority business enterprises; under the MBDA Business Center Program— (iv) seeking out opportunities to collabo- (B) conduct research, studies, and surveys (1) shall— rate with regional public and private pro- of— (A) provide to minority business enter- grams that focus on minority business enter- (i) economic conditions generally in the prises programs and services determined to prises; and United States; and be appropriate by the Under Secretary, (v) promoting business continuity and pre- (ii) how the conditions described in clause which may include— paredness. (i) particularly affect the development of mi- (i) referral services to meet the needs of minority business enterprises; and TITLE I—EXISTING INITIATIVES nority business enterprises; and (C) provide outreach, educational services, (ii) programs and services to accomplish Subtitle A—Market Development, Research, and technical assistance in, at a minimum, the goals described in section 7101(1); and Information the 5 most commonly spoken languages in (B) develop, cultivate, and maintain a net- SEC. 7101. PRIVATE SECTOR DEVELOPMENT. the United States to ensure that limited- work of strategic partnerships with organi- zations that foster access by minority busi- The Under Secretary shall, whenever the English proficient individuals receive cul- ness enterprises to economic markets, cap- Under Secretary determines such action is turally and linguistically appropriate access ital, or contracts; necessary or appropriate— to the services and information provided by the Agency; and (C) continue to upgrade and modify the (1) provide Federal assistance to minority services provided by the Center, as nec- business enterprises operating in domestic (2) may perform an evaluation of programs carried out by the Under Secretary that are essary, in order to meet the changing and and foreign markets by making available to evolving needs of the business community; those business enterprises, either directly or designed to assist the development of minor- ity business enterprises. (D) establish or continue a referral rela- in cooperation with private sector entities, tionship with not less than 1 community- including community-based organizations (b) INFORMATION CLEARINGHOUSE.—The Under Secretary shall— based organization; and and national nonprofit organizations— (E) collaborate with other Centers; and (A) resources relating to management; (1) establish and maintain an information clearinghouse for the collection and dissemi- (2) in providing programs and services (B) technological and technical assistance; under the applicable MBDA Business Center (C) financial, legal, and marketing serv- nation to relevant parties (including busi- ness owners and researchers) of demographic, agreement, may— ices; and (A) operate on a fee-for-service basis; or (D) services relating to workforce develop- economic, financial, managerial, and tech- nical data relating to minority business en- (B) generate income through the collection ment; of— (2) encourage minority business enterprises terprises; and (2) take such steps as the Under Secretary (i) client fees; to establish joint ventures and projects— (ii) membership fees; and (A) with other minority business enter- may determine to be necessary and desirable to— (iii) any other appropriate fees proposed by prises; or the Center in the application submitted by (B) in cooperation with public sector enti- (A) search for, collect, classify, coordinate, integrate, record, and catalog the data de- the Center under subsection (e). ties or private sector entities, including (b) TERM.—Subject to subsection (g)(3), the scribed in paragraph (1); and community-based organizations and national term of an MBDA Business Center agreement (B) in a manner that is consistent with sec- nonprofit organizations, to increase the shall be not less than 3 years. tion 552a of title 5, United States Code, pro- share of any market activity being per- (c) FINANCIAL ASSISTANCE.— tect the privacy of the minority business en- formed by minority business enterprises; and (1) IN GENERAL.—The amount of financial (3) facilitate the efforts of private sector terprises to which the data described in para- assistance provided by the Under Secretary entities and Federal agencies to advance the graph (1) relates. under an MBDA Business Center agreement growth of minority business enterprises. Subtitle B—Minority Business Development shall be not less than $250,000 for the term of SEC. 7102. PUBLIC SECTOR DEVELOPMENT. Agency Business Center Program the agreement. The Under Secretary shall, whenever the SEC. 7111. DEFINITION. (2) MATCHING REQUIREMENT.— Under Secretary determines such action is In this subtitle, the term ‘‘MBDA Business (A) IN GENERAL.—A Center shall match not 1 necessary or appropriate— Center Program’’ means the program estab- less than ⁄3 of the amount of the financial (1) consult and cooperate with public sec- lished under section 7113. assistance awarded to the Center under the terms of the applicable MBDA Business Cen- tor entities for the purpose of leveraging re- SEC. 7112. PURPOSE. ter agreement, unless the Under Secretary sources available in the jurisdictions of The purpose of the MBDA Business Center determines that a waiver of that require- those public sector entities to promote the Program shall be to create a national net- ment is necessary after a demonstration by position of minority business enterprises in work of public-private partnerships that— the Center of a substantial need for that the local economies of those public sector (1) assist minority business enterprises waiver. entities, including by assisting public sector to— (B) FORM OF FUNDS.—A Center may meet entities to establish or enhance— (A) access capital, contracts, and grants; the matching requirement under subpara- (A) programs to procure goods and services and graph (A) by using— through minority business enterprises and (B) create and maintain jobs; (i) cash or in-kind contributions, without goals for that procurement; (2) provide counseling and mentoring to regard to whether the contribution is made (B) programs offering assistance relating minority business enterprises; and by a third party; or to— (3) facilitate the growth of minority busi- (ii) Federal funds received from other Fed- (i) management; ness enterprises by promoting trade. eral programs. (ii) technology; SEC. 7113. ESTABLISHMENT. (iii) law; (3) USE OF FINANCIAL ASSISTANCE AND PRO- (a) IN GENERAL.—There is established in GRAM INCOME.—A Center shall use— (iv) financing, including accounting; the Agency a program— (v) marketing; and (A) all financial assistance awarded to the (1) that shall be known as the MBDA Busi- Center under the applicable MBDA Business (vi) workforce development; and ness Center Program; (C) informational programs designed to in- Center agreement to carry out subsection (2) that shall be separate and distinct from (a); and form minority business enterprises located the efforts of the Under Secretary under sec- in the jurisdictions of those public sector en- (B) all income that the Center generates in tion 7101; and carrying out subsection (a)— tities about the availability of programs de- (3) under which the Under Secretary shall scribed in this section; (i) to meet the matching requirement make Federal assistance awards to eligible under paragraph (2) of this subsection; and (2) meet with leaders and officials of public entities to operate MBDA Business Centers, sector entities for the purpose of recom- (ii) if the Center meets the matching re- which shall, in accordance with section 7114, quirement under paragraph (2) of this sub- mending and promoting local administrative provide technical assistance and business de- and legislative initiatives needed to advance section, to carry out subsection (a). velopment services, or specialty services, to (d) CRITERIA FOR SELECTION.—The Under the position of minority business enterprises minority business enterprises. Secretary shall— in the local economies of those public sector (b) COVERAGE.—The Under Secretary shall (1) establish criteria that— entities; and take all necessary actions to ensure that the (A) the Under Secretary shall use in deter- (3) facilitate the efforts of public sector en- MBDA Business Center Program, in accord- mining whether to enter into an MBDA Busi- tities and Federal agencies to advance the ance with section 7114, offers the services de- ness Center agreement with an eligible enti- growth of minority business enterprises. scribed in subsection (a)(3) in all regions of ty; and SEC. 7103. RESEARCH AND INFORMATION. the United States. (B) may include criteria relating to wheth- (a) IN GENERAL.—In order to achieve the SEC. 7114. GRANTS AND COOPERATIVE AGREE- er an eligible entity is located in— purposes of this division, the Under Sec- MENTS. (i) an area, the population of which is com- retary— (a) REQUIREMENTS.—An MBDA Business posed of not less than 51 percent socially or (1) shall— Center (referred to in this subtitle as a ‘‘Cen- economically disadvantaged individuals, as

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.038 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3378 CONGRESSIONAL RECORD — SENATE May 24, 2021 determined in accordance with data col- ance under the agreement during the ex- TITLE II—NEW INITIATIVES TO PROMOTE lected by the Bureau of the Census; tended term of the agreement. ECONOMIC RESILIENCY FOR MINORITY (ii) a federally recognized area of economic (h) MBDA INVOLVEMENT.—The Under Sec- BUSINESSES distress; or retary may take actions to ensure that the SEC. 7201. ANNUAL DIVERSE BUSINESS FORUM (iii) a State that is underserved with re- Agency is substantially involved in the ac- ON CAPITAL FORMATION. spect to the MBDA Business Center Pro- tivities of Centers in carrying out subsection (a) RESPONSIBILITY OF AGENCY.—Not later gram, as defined by the Under Secretary; and (a), including by— than 18 months after the date of enactment (2) make the criteria and standards estab- (1) providing to each Center training relat- of this Act, and annually thereafter, the lished under paragraph (1) publicly available, ing to the MBDA Business Center Program; Under Secretary shall conduct a Govern- including— (2) requiring that the operator and staff of ment-business forum to review the current (A) on the website of the Agency; and each Center— status of problems and programs relating to (B) in each Notice of Funding Opportunity (A) attend— capital formation by minority business en- soliciting MBDA Business Center agree- (i) a conference with the Agency to estab- terprises. ments. lish the services and programs that the Cen- (b) PARTICIPATION IN FORUM PLANNING.— (e) APPLICATIONS.—An eligible entity desir- ter will provide in carrying out the require- The Under Secretary shall invite the heads ing to enter into an MBDA Business Center ments before the date on which the Center of other Federal agencies, such as the Chair- agreement shall submit to the Under Sec- begins providing those services and pro- man of the Securities and Exchange Com- retary an application that includes— grams; and mission, the Secretary of the Treasury, and (1) a statement of— (ii) training provided under paragraph (1); the Chairman of the Board of Governors of (A) how the eligible entity will carry out (B) receive necessary guidance relating to the Federal Reserve System, organizations subsection (a); and carrying out the requirements under sub- representing State securities commissioners, (B) any experience or plans of the eligible section (a); and representatives of leading minority cham- entity with respect to— (C) work in coordination and collaboration bers of commerce, not less than 1 certified (i) assisting minority business enterprises with the Under Secretary to carry out the owner of a minority business enterprise, to— MBDA Business Center Program and other business organizations, and professional or- (I) obtain— programs of the Agency; ganizations concerned with capital forma- (aa) large-scale contracts, grants, or pro- (3) facilitating connections between Cen- tion to participate in the planning of each curements; ters and— forum conducted under subsection (a). (bb) financing; or (A) Federal agencies other than the Agen- (c) PREPARATION OF STATEMENTS AND RE- (cc) legal assistance; cy, as appropriate; and PORTS.— (II) access established supply chains; and (B) other institutions or entities that use (1) REQUESTS.—The Under Secretary may (III) engage in— Federal resources, such as— request that any head of a Federal depart- (aa) joint ventures, teaming arrangements, (i) small business development centers, as ment, agency, or organization, including and mergers and acquisitions; or that term is defined in section 3(t) of the those described in subsection (b), or any (bb) large-scale transactions in global mar- Small Business Act (15 U.S.C. 632(t)); other group or individual, prepare a state- kets; (ii) women’s business centers described in ment or report to be delivered at any forum (ii) supporting minority business enter- section 29 of the Small Business Act (15 conducted under subsection (a). prises in increasing the size of the U.S.C. 656); (2) COOPERATION.—Any head of a Federal workforces of those enterprises, including, (iii) eligible entities, as that term is de- department, agency, or organization who re- with respect to a minority business enter- fined in section 2411 of title 10, United States ceives a request under paragraph (1) shall, to prise that does not have employees, aiding Code, that provide services under the pro- the greatest extent practicable, cooperate the minority business enterprise in becoming gram carried out under chapter 142 of that with the Under Secretary to fulfill that re- an enterprise that has employees; and title; and quest. (iii) advocating for minority business en- (iv) entities participating in the Hollings (d) TRANSMITTAL OF PROCEEDINGS AND terprises; and Manufacturing Extension Partnership Pro- FINDINGS.—The Under Secretary shall— (2) the budget and corresponding budget gram established under section 25 of the Na- (1) prepare a summary of the proceedings narrative that the eligible entity will use in tional Institute of Standards and Technology of each forum conducted under subsection carrying out subsection (a) during the term Act (15 U.S.C. 278k); (a), which shall include the findings and rec- of the applicable MBDA Business Center (4) monitoring projects carried out by each ommendations of the forum; and agreement. Center; and (2) transmit the summary described in (f) NOTIFICATION.—If the Under Secretary (5) establishing and enforcing administra- paragraph (1) with respect to each forum grants an application of an eligible entity tive and reporting requirements for each conducted under subsection (a) to— submitted under subsection (e), the Under Center to carry out subsection (a). (A) the participants in the forum; Secretary shall notify the eligible entity (B) Congress; and that the application has been granted not (i) REGULATIONS.—The Under Secretary (C) the public, through a publicly available later than 150 days after the last day on shall issue and publish regulations that es- website. which an application may be submitted tablish minimum standards regarding (e) REVIEW OF FINDINGS AND RECOMMENDA- under that subsection. verification of minority business enterprise TIONS; PUBLIC STATEMENTS.— (g) PROGRAM EXAMINATION; ACCREDITATION; status for clients of entities operating under (1) IN GENERAL.—A Federal agency to EXTENSIONS.— the MBDA Business Center Program. which a finding or recommendation de- (1) EXAMINATION.—Not later than 180 days scribed in subsection (d)(1) relates shall— SEC. 7115. MINIMIZING DISRUPTIONS TO EXIST- (A) review that finding or recommenda- after the date of enactment of this Act, and ING MBDA BUSINESS CENTER PRO- biennially thereafter, the Under Secretary GRAM. tion; and shall conduct a programmatic financial ex- (B) promptly after the finding or rec- amination of each Center. The Under Secretary shall ensure that ommendation is transmitted under sub- (2) ACCREDITATION.—The Under Secretary each Federal assistance award made under section (d)(2)(C), issue a public statement— may provide financial support, by contract the Business Centers program of the Agency, (i) assessing the finding or recommenda- or otherwise, to an association, not less than as is in effect on the day before the date of tion; and 51 percent of the members of which are Cen- enactment of this Act, is carried out in a (ii) disclosing the action, if any, the Fed- ters, to— manner that, to the greatest extent prac- eral agency intends to take with respect to (A) pursue matters of common concern ticable, prevents disruption of any activity the finding or recommendation. with respect to Centers; and carried out under that award. (2) JOINT STATEMENT PERMITTED.—If a find- (B) develop an accreditation program with ing or recommendation described in sub- SEC. 7116. PUBLICITY. respect to Centers. section (d)(1) relates to more than 1 Federal (3) EXTENSIONS.— In carrying out the MBDA Business Center agency, the applicable Federal agencies may, (A) IN GENERAL.—The Under Secretary may Program, the Under Secretary shall widely for the purposes of the public statement re- extend the term under subsection (b) of an publicize the MBDA Business Center Pro- quired under paragraph (1)(B), issue a joint MBDA Business Center agreement to which a gram, including— statement. Center is a party, if the Center consents to (1) on the website of the Agency; SEC. 7202. AGENCY STUDY ON ALTERNATIVE FI- the extension. (2) via social media outlets; and NANCING SOLUTIONS. (B) FINANCIAL ASSISTANCE.—If the Under (3) by sharing information relating to the (a) PURPOSE.—The purpose of this section Secretary extends the term of an MBDA MBDA Business Center Program with com- is to provide information relating to alter- Business Center agreement under paragraph munity-based organizations, including inter- native financing solutions to minority busi- (1), the Under Secretary shall, in the same pretation groups where necessary, to com- ness enterprises, as those business enter- manner and amount in which financial as- municate in the most common languages prises are more likely to struggle in access- sistance was provided during the initial term spoken by the groups served by those organi- ing, particularly at affordable rates, tradi- of the agreement, provide financial assist- zations. tional sources of capital.

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(b) STUDY AND REPORT.—Not later than 1 the fiscal year immediately preceding the (i) the eligible entity shall match less than year after the date of enactment of this Act, date on which the report is submitted, which 20 percent of the amount of the funding pro- the Under Secretary shall— shall include, with respect to that fiscal vided by the Under Secretary under subpara- (1) conduct a study on opportunities for year— graph (A)(ii); or providing alternative financing solutions to (A) a description of each curriculum devel- (ii) if the Under Secretary makes a deter- minority business enterprises; and oped and implemented under each grant mination, upon a demonstration by the eligi- (2) submit to Congress, and publish on the awarded under this section; ble entity of substantial need, the eligible website of the Agency, a report describing (B) the date on which each grant awarded entity shall not be required to provide any the findings of the study carried out under under this section was awarded; and match with respect to the funding provided paragraph (1). (C) the number of eligible entities that by the Under Secretary under subparagraph SEC. 7203. EDUCATIONAL DEVELOPMENT RELAT- were recipients of grants awarded under this (A)(ii). ING TO MANAGEMENT AND ENTRE- section. (C) ELIGIBLE FUNDS.—An eligible entity PRENEURSHIP. TITLE III—RURAL MINORITY BUSINESS may provide matching funds required under (a) DUTIES.—The Under Secretary shall, an MBDA Rural Business Center agreement whenever the Under Secretary determines CENTER PROGRAM SEC. 7301. DEFINITIONS. with Federal funds received from other Fed- such action is necessary or appropriate— eral programs. (1) promote the education and training of In this title: (1) APPROPRIATE CONGRESSIONAL COMMIT- (3) TERM.—The initial term of an MBDA socially or economically disadvantaged indi- Rural Business Center agreement shall be viduals in subjects directly relating to busi- TEES.—The term ‘‘appropriate congressional not less than 3 years. ness administration and management; committees’’ means— (4) EXTENSION.—The Under Secretary and (2) encourage institutions of higher edu- (A) the Committee on Commerce, Science, an eligible entity may agree to extend the cation, leaders in business and industry, and and Transportation of the Senate; and term of an MBDA Rural Business Center other public sector entities and private sec- (B) the Committee on Financial Services of agreement with respect to an MBDA Rural tor entities, particularly minority business the House of Representatives. Business Center. enterprises, to— (2) ELIGIBLE ENTITY.—The term ‘‘eligible (A) develop programs to offer scholarships entity’’ means— (c) FUNCTIONS.—An MBDA Rural Business and fellowships, apprenticeships, and intern- (A) a part B institution; or Center shall— ships relating to business to socially or eco- (B) a consortium of institutions of higher (1) primarily serve clients that are— nomically disadvantaged individuals; and education that is led by a part B institution. (A) rural minority business enterprises; or (B) sponsor seminars, conferences, and (3) MBDA RURAL BUSINESS CENTER.—The (B) minority business enterprises that are similar activities relating to business for the term ‘‘MBDA Rural Business Center’’ means located more than 50 miles from an MBDA benefit of socially or economically disadvan- an MBDA Business Center that provides Business Center (other than that MBDA taged individuals; technical business assistance to minority Rural Business Center); (3) stimulate and accelerate curriculum de- business enterprises located in rural areas. (2) focus on— sign and improvement in support of develop- (4) MBDA RURAL BUSINESS CENTER AGREE- (A) issues relating to— ment of minority business enterprises; and MENT.—The term ‘‘MBDA Rural Business (i) the adoption of broadband internet ac- (4) encourage and assist private institu- Center agreement’’ means an MBDA Busi- cess service (as defined in section 8.1(b) of tions and organizations and public sector en- ness Center agreement that establishes the title 47, Code of Federal Regulations, or any tities to undertake activities similar to the terms by which the recipient of the Federal successor regulation), digital literacy skills, activities described in paragraphs (1), (2), and assistance award that is the subject of the and e-commerce by rural minority business (3). agreement shall operate an MBDA Rural enterprises; (b) PARREN J. MITCHELL ENTREPRENEUR- Business Center. (ii) advanced manufacturing; SHIP EDUCATION GRANTS.— (5) PART B INSTITUTION.—The term ‘‘part B (iii) the promotion of manufacturing in the (1) DEFINITION.—In this subsection, the institution’’ has the meaning given the term United States; term ‘‘eligible institution’’ means an institu- in section 322 of the Higher Education Act of (iv) ways in which rural minority business tion of higher education described in any of 1965 (20 U.S.C. 1061). enterprises can meet gaps in the supply paragraphs (1) through (7) of section 371(a) of (6) RURAL AREA.—The term ‘‘rural area’’ chain of critical supplies and essential goods the Higher Education Act of 1965 (20 U.S.C. has the meaning given the term in section and services for the United States; 1067q(a)). 343(a) of the Consolidated Farm and Rural (v) improving the connectivity of rural mi- (2) GRANTS.—The Under Secretary shall Development Act (7 U.S.C. 1991(a)). nority business enterprises through trans- award grants to eligible institutions to de- (7) RURAL MINORITY BUSINESS ENTERPRISE.— portation and logistics; velop and implement entrepreneurship cur- The term ‘‘rural minority business enter- (vi) promoting trade and export opportuni- ricula. prise’’ means a minority business enterprise ties by rural minority business enterprises; (3) REQUIREMENTS.—An eligible institution located in a rural area. (vii) securing financial capital; to which a grant is awarded under this sub- SEC. 7302. BUSINESS CENTERS. (viii) facilitating entrepreneurship in rural section shall use the grant funds to— (a) IN GENERAL.—The Under Secretary may areas; and (A) develop a curriculum that includes establish MBDA Rural Business Centers. (ix) creating jobs in rural areas; and training in various skill sets needed by con- (b) PARTNERSHIP.— (B) any other issue relating to the unique temporary successful entrepreneurs, includ- (1) IN GENERAL.—With respect to an MBDA challenges faced by rural minority business ing— Rural Business Center established by the enterprises; and (i) business management and marketing; Under Secretary, the Under Secretary shall (3) provide education, training, and legal, (ii) financial management and accounting; establish the MBDA Rural Business Center financial, and technical assistance to minor- (iii) market analysis; in partnership with an eligible entity in ac- ity business enterprises. (iv) competitive analysis; cordance with paragraph (2). (d) APPLICATIONS.— (v) innovation; (2) MBDA AGREEMENT.— (1) IN GENERAL.—Not later than 90 days (vi) strategic and succession planning; (A) IN GENERAL.—With respect to each after the date of enactment of this Act, the (vii) marketing; and MBDA Rural Business Center established by Under Secretary shall issue a Notice of (viii) any other skill set that the eligible the Under Secretary, the Under Secretary Funding Opportunity requesting applications institution determines is necessary for the shall enter into a cooperative agreement from eligible entities that desire to enter students served by the eligible institution with an eligible entity that provides that— into MBDA Rural Business Center agree- and the community in which the eligible in- (i) the eligible entity shall provide space, ments. stitution is located; and facilities, and staffing for the MBDA Rural (2) CRITERIA AND PRIORITY.—In selecting an (B) implement the curriculum developed Business Center; eligible entity with which to enter into an under subparagraph (A) at the eligible insti- (ii) the Under Secretary shall provide fund- MBDA Rural Business Center agreement, the tution. ing for, and oversight with respect to, the Under Secretary shall— (4) IMPLEMENTATION TIMELINE.—The Under MBDA Rural Business Center; and (A) select an eligible entity that dem- Secretary shall establish and publish a (iii) subject to subparagraph (B), the eligi- onstrates— timeline under which an eligible institution ble entity shall match 20 percent of the (i) the ability to collaborate with govern- to which a grant is awarded under this sec- amount of the funding provided by the Under mental and private sector entities to lever- tion shall carry out the requirements under Secretary under clause (ii), which may be age capabilities of minority business enter- paragraph (3). calculated to include the costs of providing prises through public-private partnerships; (5) REPORTS.—Each year, the Under Sec- the space, facilities, and staffing under (ii) the research and extension capacity to retary shall submit to all applicable commit- clause (i). support minority business enterprises; tees of Congress, and as part of the annual (B) LOWER MATCH REQUIREMENT.—Based on (iii) knowledge of the community that the budget submission of the President under the available resources of an eligible entity, eligible entity serves and the ability to con- section 1105(a) of title 31, United States the Under Secretary may enter into a coop- duct effective outreach to that community Code, a report evaluating the awarding and erative agreement with the eligible entity to advance the goals of an MBDA Rural Busi- use of grants under this subsection during that provides that— ness Center;

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(A) any measures to better achieve the ob- with rural minority business enterprises; and (g) PROCEDURES.—The Under Secretary jectives of this division; and shall establish procedures to— (ix) a referral relationship with not less (B) problems and matters the Under Sec- (1) discourage and prevent waste, fraud, than 1 community-based organization; and retary refers to the Council. and abuse by applicants for, and recipients (B) give priority to an eligible entity lo- (b) CAPACITY.—Members of the Council of, grants made under this section; and cated in a State or region that— shall not be compensated for service on the (2) ensure that grants are made under this (i) lacks an MBDA Business Center, as of Council but may be allowed travel expenses, section to a diverse array of covered entities, the date of enactment of this Act; or including per diem in lieu of subsistence, in including— (ii) has a significant population of socially accordance with subchapter I of chapter 57 of (A) covered entities with a national pres- or economically disadvantaged individuals. title 5, United States Code. ence; (c) TERMINATION.—Notwithstanding section SEC. 7303. REPORT TO CONGRESS. (B) community-based covered entities; Not later than 1 year after the date of en- 14 of the Federal Advisory Committee Act (5 (C) covered entities with annual budgets actment of this Act, the Under Secretary U.S.C. App.), the Council shall terminate on below $1,000,000; and shall submit to the appropriate congres- the date that is 5 years after the date of en- (D) covered entities that principally serve sional committees a report that includes— actment of this Act. low-income and rural communities. (1) a summary of the efforts of the Under (h) INSPECTOR GENERAL AUDIT.—Not later TITLE VI—FEDERAL COORDINATION OF Secretary to provide services to minority than 180 days after the date on which the MINORITY BUSINESS PROGRAMS business enterprises located in States that Under Secretary begins making grants under SEC. 7601. GENERAL DUTIES. lack an MBDA Business Center, as of the this section, the Inspector General of the De- The Under Secretary may coordinate, as date of enactment of this Act, and especially partment of Commerce shall— consistent with law, the plans, programs, in those States that have significant minor- (1) conduct an audit of grants made under and operations of the Federal Government ity populations; and this section, which shall seek to identify any that affect, or may contribute to, the estab- (2) recommendations for extending the out- discrepancies or irregularities with respect lishment, preservation, and strengthening of reach of the Agency to underserved areas. to those grants; and socially or economically disadvantaged busi- SEC. 7304. STUDY AND REPORT. (2) submit to Congress a report regarding ness concerns. (a) IN GENERAL.—The Under Secretary, in the audit conducted under paragraph (1). SEC. 7602. PARTICIPATION OF FEDERAL DEPART- coordination with relevant leadership of the (i) UPDATES TO CONGRESS.—Not later than MENTS AND AGENCIES. Agency and relevant individuals outside of 90 days after the date on which the Under The Under Secretary shall— the Department of Commerce, shall conduct Secretary establishes the office described in (1) consult with other Federal departments a study that addresses the ways in which mi- subsection (c), and once every 30 days there- and agencies as appropriate to— nority business enterprises can meet gaps in after, the Under Secretary shall submit to (A) develop policies, comprehensive plans, the supply chain of the United States, with a Congress a report that contains— and specific program goals for the programs particular focus on the supply chain of ad- (1) the number of grants made under this carried out under subtitle B of title I and vanced manufacturing and essential goods section during the period covered by the re- title III; and services. port; and (B) establish regular performance moni- (b) REPORT.—Not later than 1 year after (2) with respect to the grants described in toring and reporting systems to ensure that the date of enactment of this Act, the Under paragraph (1)— goals established by the Under Secretary Secretary shall submit to the appropriate (A) the geographic distribution of those with respect to the implementation of this congressional committees a report that in- grants by State and county; division are being achieved; and cludes the results of the study conducted (B) if applicable, demographic information (C) evaluate the impact of Federal support under subsection (a), which shall include rec- with respect to the minority business enter- of socially or economically disadvantaged ommendations regarding the ways in which prises served by the covered entities to business concerns in achieving the objectives minority business enterprises can meet gaps which the grants were made; and of this division; in the supply chain of the United States. (C) information regarding the industries of (2) conduct a coordinated review of all pro- TITLE IV—MINORITY BUSINESS the minority business enterprises served by posed Federal training and technical assist- DEVELOPMENT GRANTS the covered entities to which the grants were ance activities in direct support of the pro- made. SEC. 7401. GRANTS TO NONPROFIT ORGANIZA- grams carried out under subtitle B of title I TIONS THAT SUPPORT MINORITY TITLE V—MINORITY BUSINESS and title III to ensure consistency with pro- BUSINESS ENTERPRISES. ENTERPRISES ADVISORY COUNCIL gram goals and to avoid duplication; and (a) DEFINITION.—In this section, the term SEC. 7501. PURPOSE. (3) convene, for purposes of coordination, ‘‘covered entity’’ means a private nonprofit The Under Secretary shall establish the meetings of the heads of such departments organization that— Minority Business Enterprises Advisory and agencies, or their designees, the pro- (1) is described in paragraph (3), (4), (5), or Council (referred to in this title as the grams and activities of which may affect or (6) of section 501(c) of the Internal Revenue ‘‘Council’’) to advise and assist the Agency. contribute to the carrying out of this divi- Code of 1986 and exempt from tax under sec- SEC. 7502. COMPOSITION AND TERM. sion. tion 501(a) of such Code; and (a) COMPOSITION.—The Council shall be TITLE VII—ADMINISTRATIVE POWERS OF (2) can demonstrate that a primary activ- composed of 9 members of the private sector THE AGENCY; MISCELLANEOUS PROVI- ity of the organization is to provide services and 1 representative from each of not fewer SIONS to minority business enterprises, whether than 10 Federal agencies that support or oth- through education, making grants or loans, erwise have duties that relate to business SEC. 7701. ADMINISTRATIVE POWERS. or other similar activities. formation, including duties relating to labor (a) IN GENERAL.—In carrying out this divi- (b) PURPOSE.—The purpose of this section development, monetary policy, national se- sion, the Under Secretary may— is to make grants to covered entities to help curity, energy, agriculture, transportation, (1) adopt and use a seal for the Agency, those covered entities continue the nec- and housing. which shall be judicially noticed; essary work of supporting minority business (b) CHAIR.—The Under Secretary shall des- (2) hold hearings, sit and act, and take tes- enterprises. ignate 1 of the private sector members of the timony as the Under Secretary may deter- (c) ESTABLISHMENT OF OFFICE.—Not later Council as the Chair of the Council for a 1- mine to be necessary or appropriate to carry than 180 days after the date of enactment of year term. out this division; this Act, the Under Secretary shall establish (c) TERM.—The Council shall meet at the (3) acquire, in any lawful manner, any within the Agency an office that has ade- request of the Under Secretary and members property that the Under Secretary deter- quate staffing to make and administer shall serve for a term of 2 years. Members of mines to be necessary or appropriate to grants under this section. the Council may be reappointed. carry out this division; (d) APPLICATION.—A covered entity desir- SEC. 7503. DUTIES. (4) with the consent of another Federal ing a grant under this section shall submit (a) IN GENERAL.—The Council shall provide agency, enter into an agreement with that to the Under Secretary an application at advice to the Under Secretary by— Federal agency to utilize, with or without

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.038 S24MYPT1 dlhill on DSK120RN23PROD with SENATE May 24, 2021 CONGRESSIONAL RECORD — SENATE S3381 reimbursement, any service, equipment, per- such individual, shall have access, for the Center Program under subtitle B of title I, sonnel, or facility of that Federal agency; purpose of audit, investigation, and examina- including the component of that program re- and tion, to any book, document, paper, record, lating to specialty centers; and (5) coordinate with the heads of the Offices or other material of the Agency or an MBDA (2) $10,000,000 shall be used in each such fis- of Small and Disadvantaged Business Utili- Business Center. cal year to carry out title III. zation of Federal agencies. SEC. 7704. REVIEW AND REPORT BY COMP- --- (b) USE OF PROPERTY.— TROLLER GENERAL. SA 1973. Mr. MARSHALL submitted (1) IN GENERAL.—Subject to paragraph (2), Not later than 4 years after the date of en- an amendment intended to be proposed in carrying out this division, the Under Sec- actment of this Act, the Comptroller General to amendment SA 1502 proposed by Mr. retary may, without cost (except for costs of of the United States shall— SCHUMER to the bill S. 1260, to establish care and handling), allow any public sector (1) conduct a thorough review of the pro- a new Directorate for Technology and entity, or any recipient nonprofit organiza- grams carried out under this division; and Innovation in the National Science tion, for the purpose of the development of (2) submit to Congress a detailed report of the findings of the Comptroller General of Foundation, to establish a regional minority business enterprises, to use any technology hub program, to require a real or tangible personal property acquired the United States under the review carried by the Agency in carrying out this division. out under paragraph (1), which shall in- strategy and report on economic secu- (2) TERMS, CONDITIONS, RESERVATIONS, AND clude— rity, science, research, innovation, RESTRICTIONS.—The Under Secretary may (A) an evaluation of the effectiveness of manufacturing, and job creation, to es- impose reasonable terms, conditions, res- the programs in achieving the purposes of tablish a critical supply chain resil- ervations, and restrictions upon the use of this division; iency program, and for other purposes; any property under paragraph (1). (B) a description of any failure by any re- which was ordered to lie on the table; SEC. 7702. FEDERAL ASSISTANCE. cipient of assistance under this division to as follows: (a) IN GENERAL.— comply with the requirements under this di- vision; and At the appropriate place, insert the fol- (1) PROVISION OF FEDERAL ASSISTANCE.—To lowing: carry out sections 7101, 7102, and 7103(a), the (C) recommendations for any legislative or administrative action that should be taken SEC. llll. FINDINGS AND SENSE OF THE SEN- Under Secretary may provide Federal assist- ATE REGARDING AN INVESTIGATION ance to public sector entities and private to improve the achievement of the purposes TO DETERMINE THE ORIGINS OF sector entities in the form of grants or coop- of this division. COVID–19. erative agreements. SEC. 7705. BIANNUAL REPORTS; RECOMMENDA- (a) FINDINGS.—Congress finds the fol- TIONS. (2) NOTICE.—Not later than 120 days after lowing: (a) BIANNUAL REPORT.—Not later than 1 the date on which amounts are appropriated (1) COVID–19 has taken the lives of over year after the date of enactment of this Act, to carry out this section, the Under Sec- 3,000,000 individuals around the world. and 90 days after the last day of each odd- retary shall, in accordance with subsection (2) Understanding the origins of the numbered year thereafter, the Under Sec- (b), broadly publish a statement regarding COVID–19 pandemic is essential to address- retary shall submit to Congress, and publish Federal assistance that will, or may, be pro- ing our vulnerabilities and preventing future on the website of the Agency, a report of crises. vided under paragraph (1) during the fiscal each activity of the Agency carried out year for which those amounts are appro- (3) In May 2020, the World Health Assembly under this division during the period covered did not authorize the type of comprehensive priated, including— by the report. (A) the actual, or anticipated, amount of investigation into the origins of COVID–19 (b) RECOMMENDATIONS.—The Under Sec- that was required, and instead passed a sig- Federal assistance that will, or may, be retary shall periodically submit to Congress made available; nificantly limited compromise resolution, and the President recommendations for leg- with Chinese government support, which did (B) the types of Federal assistance that islation or other actions that the Under Sec- will, or may, be made available; not explicitly include in its scope the possi- retary determines to be necessary or appro- bility of a research-related accident. (C) the manner in which Federal assistance priate to promote the purposes of this divi- will be allocated among public sector enti- (4) The 2020 World Health Assembly resolu- sion. tion and its terms of reference, which were ties and private sector entities, as applica- SEC. 7706. SEPARABILITY. ble; and negotiated privately between the World If a provision of this division, or the appli- Health Organization (in this section referred (D) the methodology used by the Under cation of a provision of this division to any Secretary to make allocations under sub- to as ‘‘WHO’’) and Chinese authorities, hand- person or circumstance, is held by a court of ed the Chinese government control over the paragraph (C). competent jurisdiction to be invalid, that joint-study process by giving the Chinese (3) CONSULTATION.—The Under Secretary judgment— government veto power over which inter- shall consult with public sector entities and (1) shall not affect, impair, or invalidate— national experts were allowed to participate private sector entities, as applicable, in de- (A) any other provision of this division; or in the joint study and by agreeing that most ciding the amounts and types of Federal as- (B) the application of this division to any primary research would be carried out by sistance to make available under paragraph other person or circumstance; and Chinese teams without ensuring broad access (1). (2) shall be confined in its operation to— to primary data by international experts. (b) PUBLICITY.—In carrying out this sec- (A) the provision of this division with re- (5) As a result of these terms, the signifi- tion, the Under Secretary shall broadly pub- spect to which the judgment is rendered; or cant structural, procedural, and analytical licize all opportunities for Federal assistance (B) the application of the provision of this shortcomings of the joint study, and the se- available under this section, including division to each person or circumstance di- vere restrictions imposed by Chinese au- through the means required under section rectly involved in the controversy in which thorities, the WHO-convened joint study into 7116. the judgment is rendered. the origins of COVID–19 was prevented from SEC. 7703. RECORDKEEPING. SEC. 7707. EXECUTIVE ORDER 11625. giving a balanced consideration of the mul- (a) IN GENERAL.—Each recipient of assist- The powers and duties of the Agency shall tiple theories of the origin of COVID–19. ance under this division shall keep such be determined— (6) Only 4 of the 313 pages of the joint- records as the Under Secretary shall pre- (1) in accordance with this division and the study team report and its annexes addressed scribe, including records that fully disclose, requirements of this division; and the possibility of a laboratory accident, and with respect to the assistance received by (2) without regard to Executive Order 11625 no thorough examination of the lab incident the recipient under this division— (36 Fed. Reg. 19967; relating to prescribing hypothesis was carried out by the joint- (1) the amount and nature of that assist- additional arrangements for developing and study team. ance; coordinating a national program for minor- (7) Some of the international experts on (2) the disposition by the recipient of the ity business enterprise). the joint-study team stated that they lacked proceeds of that assistance; SEC. 7708. AMENDMENT TO THE FEDERAL ACQUI- the means and resources to properly inves- (3) the total cost of the undertaking for SITION STREAMLINING ACT OF 1994. tigate the research-related accident hypoth- which the assistance is given or used; Section 7104(c) of the Federal Acquisition esis, and they were neither able nor meant to (4) the amount and nature of the portion of Streamlining Act of 1994 (15 U.S.C. 644a(c)) is do such a full investigation but instead were the cost of the undertaking described in amended by striking paragraph (2) and in- acting as a ‘‘study review group’’. paragraph (3) that is supplied by a source serting the following: (8) WHO Director-General Dr. Tedros other than the Agency; and ‘‘(2) The Under Secretary of Commerce for Adhanom Ghebreyesus commented on March (5) any other record that will facilitate an Minority Business Development.’’. 30, 2021, the day the joint-study report was effective audit with respect to the assist- SEC. 7709. AUTHORIZATION OF APPROPRIATIONS. released, ‘‘I do not believe that [the joint- ance. There are authorized to be appropriated to study team’s] assessment [of a possible lab (b) ACCESS BY GOVERNMENT OFFICIALS.— the Under Secretary $100,000,000 for each of incident] was extensive enough. Further data The Under Secretary, the Inspector General fiscal years 2021 through 2025 to carry out and studies will be needed to reach more ro- of the Department of Commerce, and the this division, of which— bust conclusions . . . potentially with addi- Comptroller General of the United States, or (1) a majority shall be used in each such tional missions involving specialist experts, any duly authorized representative of any fiscal year to carry out the MBDA Business which I am ready to deploy.’’.

VerDate Sep 11 2014 03:46 May 25, 2021 Jkt 019060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A24MY6.038 S24MYPT1 dlhill on DSK120RN23PROD with SENATE S3382 CONGRESSIONAL RECORD — SENATE May 24, 2021 (9) The WHO Director-General further com- PRIVILEGES OF THE FLOOR and laid upon the table with no inter- mented, ‘‘As far as WHO is concerned all Mr. WYDEN. Mr. President, I ask vening action or debate. hypotheses remain on the table . . . We have The PRESIDING OFFICER. Without not yet found the source of the virus, and we unanimous consent that the following members from my personal office and objection, it is so ordered. must continue to follow the science and The resolution (S. Res. 230) was leave no stone unturned as we do . . . It is Committee on Finance teams be grant- agreed to. clear that we need more research across a ed floor privileges for the remainder of range of areas, which will entail further field The preamble was agreed to. the Congress: Jake Pasner, Jonathan (The resolution, with its preamble, is visits.’’. Beier, Erik Schnotala, Raghav printed in today’s RECORD under ‘‘Sub- (10) The March 30, 2021 Joint Statement on Aggarwal, and Marisa Dowling. the WHO-convened COVID–19 Origins Study mitted Resolutions.’’) The PRESIDING OFFICER. Without by the United States and 13 other countries f recognized the severe shortcomings of the objection, it is so ordered. joint-study process and called for ‘‘a trans- f EXPRESSING SUPPORT FOR THE parent and independent analysis and evalua- DESIGNATION OF MAY 17, 2021, tion, free from interference and undue influ- MEASURES PLACED ON THE AS ‘‘DIPG PEDIATRIC BRAIN ence.’’. CALENDAR—S. 1775 and H.R. 3237 CANCER AWARENESS DAY’’ (11) In spite of the devastation the COVID– 19 pandemic has caused in the United States Mr. SCHUMER. Madam President, I Mr. SCHUMER. Madam President, I and around the world, no process currently understand there are two bills at the ask unanimous consent that the Sen- exists to ensure a comprehensive investiga- desk due for a second reading en bloc. ate proceed to the consideration of S. tion into the origins of COVID–19. The PRESIDING OFFICER. The lead- Res. 231, submitted earlier today. (12) Such an investigation is essential for er is correct. The PRESIDING OFFICER. The ensuring this type of crisis never happens The clerk will read the bills by title clerk will report the resolution by again for the benefit of all people, all na- for the second time en bloc. title. tions, and future generations. The senior assistant legislative clerk The senior assistant legislative clerk (b) SENSE OF THE SENATE.—It is the sense read as follows: read as follows: of the Senate that— A resolution (S. Res. 231) expressing sup- (1) a comprehensive scientific and forensic A bill (S. 1775) to address gun violence, im- port for the designation of May 17, 2021, as investigation to determine the origins of prove the availability of records to the Na- ‘‘DIPG Pediatric Brain Cancer Awareness COVID–19 must be conducted immediately, tional Instant Criminal Background Check Day’’ to raise awareness of and encourage re- with full and unrestricted access to all rel- System, address mental illness in the crimi- search on diffuse intrinsic pontine glioma evant records, samples, and personnel, par- nal justice system, and end straw purchases tumors and pediatric cancers in general. ticularly in China, and that such investiga- and trafficking of illegal firearms, and for tion must fully explore all possible origins of other purposes. There being no objection, the Senate the COVID–19 pandemic, including an exclu- A bill (H.R. 3237) making emergency sup- proceeded to consider the resolution. sively ‘‘natural’’ zoonosis in the wild, human plemental appropriations for the fiscal year Mr. SCHUMER. I ask unanimous con- contamination in an animal farm, and a re- ending September 30, 2021, and for other pur- sent that the resolution be agreed to, poses. search-related accident; the preamble be agreed to, and that the (2) the United States delegation to the Mr. SCHUMER. Madam President, in motions to reconsider be considered World Health Assembly should do everything order to place the bills on the calendar made and laid upon the table with no in its power, in concert with allies and part- under the provisions of rule XIV, I ners around the world, to ensure that a full intervening action or debate. would object to further proceeding en The PRESIDING OFFICER. Without and unrestricted international scientific and bloc. forensic investigation into the origins of objection, it is so ordered. COVID–19, with full access to all relevant The PRESIDING OFFICER. Objec- The resolution (S. Res. 231) was records, samples, and personnel in China, tion having been heard, the bills will be agreed to. will be authorized by the World Health As- placed on the calendar. The preamble was agreed to. sembly and implemented with extreme ur- f (The resolution, with its preamble, is gency; and printed in today’s RECORD under ‘‘Sub- (3) if the Chinese government does not, by CONGRATULATING THE STUDENTS, mitted Resolutions.’’) the end of the 2021 World Health Assembly, PARENTS, TEACHERS, AND f indicate its full support for a comprehensive LEADERS OF CHARTER SCHOOLS investigation to determine the origins of ACROSS THE UNITED STATES ORDERS FOR TUESDAY, MAY 25, COVID–19 with unrestricted access to all rel- 2021 evant records, samples, and personnel in FOR MAKING ONGOING CON- China, then the United States Government TRIBUTIONS TO EDUCATION, AND Mr. SCHUMER. Madam President, I should immediately begin planning a par- SUPPORTING THE IDEALS AND ask unanimous consent that when the allel comprehensive and data-driven inves- GOALS OF THE 22ND ANNUAL Senate completes its business today, it tigation into the origins of COVID–19, in con- NATIONAL CHARTER SCHOOLS adjourn until 10 a.m., Tuesday, May 25; cert with willing partner governments and WEEK, TO BE HELD MAY 9 that following the prayer and pledge, experts around the world. THROUGH MAY 15, 2021 the morning hour be deemed expired, Mr. SCHUMER. Madam President, I the Journal of proceedings be approved f ask unanimous consent that the Sen- to date, the time for the two leaders be ate proceed to the consideration of S. reserved for their use later in the day, AUTHORITY FOR COMMITTEES TO Res. 230, submitted earlier today. and morning business be closed; fur- MEET The PRESIDING OFFICER. The ther, upon the conclusion of morning Ms. HIRONO. Mr. President, I have a clerk will report the resolution by business, the Senate proceed to execu- request for one committee to meet dur- title. tive session to resume consideration of ing today’s session of the Senate. It The senior assistant legislative clerk Executive Calendar No. 117, Chiquita has the approval of the Majority and read as follows: Brooks-LaSure, to be Administrator of the Centers for Medicare and Medicaid Minority leaders. A resolution (S. Res. 230) congratulating Services, postcloture; further, that all Pursuant to rule XXVI, paragraph the students, parents, teachers, and leaders time on the Brooks-LaSure nomination 5(a), of the Standing Rules of the Sen- of charter schools across the United States be considered expired at 11:45 a.m.; that ate, the following committee is author- for making ongoing contributions to edu- cation, and supporting the ideals and goals the Senate recess following the cloture ized to meet during today’s session of of the 22nd annual National Charter Schools vote on the Clarke nomination until the Senate: Week, to be held May 9 through May 15, 2021. 2:15 p.m. to allow for the weekly caucus COMMITTEE ON FOREIGN RELATIONS There being no objection, the Senate meetings; that if cloture is invoked on The Committee on Foreign Relations proceeded to consider the resolution. the Clarke nomination, all postcloture is authorized to meet during the ses- Mr. SCHUMER. I ask unanimous con- debate time be considered expired at sion of the Senate on Monday, May 24, sent that the resolution be agreed to, 2:30 p.m.; and finally, that if any of the 2021, at 6 p.m., to conduct a closed the preamble be agreed to, and the mo- nominations are confirmed, the mo- hearing. tions to reconsider be considered made tions to reconsider be considered made

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