Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 117 CONGRESS, FIRST SESSION

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, TUESDAY, MAY 18, 2021 No. 86 House of Representatives The House met at 10 a.m. and was the bottom of our hearts for his service abortion on the fabric of our country called to order by the Speaker. and contributions to Lubbock and to by voting to become a sanctuary city f west Texas. for the unborn. Now, whether or not We wish the very best for you and this ordinance is upheld in the courts, MORNING-HOUR DEBATE your wife, Debbie; your children, Chel- I am immensely proud that my home- The SPEAKER. Pursuant to the sea and Patrick; and the entire town has made a statement, not only order of the House of January 4, 2021, McBride family. to Texas, but to the whole country, the Chair will now recognize Members God bless you. And go west Texas. that as for us, the people of west Texas, from lists submitted by the majority RECOGNIZING SERGEANT JERROD BURTNETT we stand for life. and minority leaders for morning-hour Mr. ARRINGTON. Madam Speaker, I Mr. Speaker, west Texans firmly be- debate. rise today to recognize Sergeant Jerrod lieve, as I do, that we ought to promote The Chair will alternate recognition Burtnett, a true west Texas hero. a culture of life and that life at every between the parties, with time equally On December 27, 2019, vast fog sur- stage is equally valuable, equally pre- allocated between the parties and each rounded Sergeant Burtnett as he inves- cious, not only in light of the Constitu- Member other than the majority and tigated a series of crashes due to zero tion, but in the eyes of God. minority leaders and the minority visibility in Lubbock County. After Like the citizens of Lubbock, I will whip limited to 5 minutes, but in no checking on a bystander along the side continue to fight for the voiceless, vul- event shall debate continue beyond of the road, a fast-moving tractor-trail- nerable, unborn Americans and their 11:50 a.m. er lost control, hitting a number of ve- constitutionally protected right to life. hicles, as well as Sergeant Burtnett, f God bless America. God bless the un- causing him serious injury. HONORING EDDIE MCBRIDE Sergeant Burtnett won the Purple born. And go west Texas. The SPEAKER. The Chair recognizes Heart for his actions that day, and his f the gentleman from Texas (Mr. experience is a reminder to us all how ARRINGTON) for 5 minutes. dangerous the job of being in law en- OUR BORDERLESS COUNTRY Mr. ARRINGTON. Madam Speaker, it forcement is. The SPEAKER pro tempore (Mr. is an honor to congratulate my friend, It is an honor to recognize Sergeant YARMUTH). The Chair recognizes the Eddie McBride, on 23 outstanding years Burtnett for his bravery and his stead- gentleman from California (Mr. at the Lubbock Chamber of Commerce. fastness to enter a dangerous situation MCCLINTOCK) for 5 minutes. Eddie has served as the president and to help the people of Texas. CEO of the Lubbock Chamber since On that cold, foggy day, Sergeant Mr. MCCLINTOCK. Mr. Speaker, last 1999. Under his leadership, the Lubbock Burtnett exerted the valor, courage, year, we had achieved operational con- Chamber has received countless and selflessness that epitomized the trol of our southern border for the first awards, including the best chamber in men and women in blue. time in generations. Trespassers knew the Nation and numerous star accredi- May God bless Sergeant Burtnett and they would be turned back, so they tations. his family, and all those in uniform never started the perilous journey. Again, my dear friend is an excep- who risk their lives to protect ours. On his first day in office, Joe Biden tional leader, even though he attended SANCTUARY CITY FOR THE UNBORN canceled the border wall, ordered ICE Texas A&M University. Then he served Mr. ARRINGTON. Mr. Speaker, I be- not to faithfully execute the laws, and his Nation in the United States Air lieve life is a gift from God, begins at canceled the remain-in-Mexico policy Force for 20 years. conception, and that unborn children for asylum claims. This sent a powerful Upon moving to Lubbock in 1976, have the same right to life, liberty, and message throughout the world that Eddie immersed himself into our com- the pursuit of happiness as you and I America’s borders are wide open. So munity, served on numerous boards, indo. now we are 4 months into an experi- cluding the Texas Association of Busi- Nothing gives me more joy or sense ment that will test how long a country ness, Workforce Solutions South of purpose than being a champion for without borders can survive. Plains, and Covenant Health for dec- the unborn. I know the vast majority The numbers speak for themselves. ades. Eddie has served with excellence of west Texans believe, as I do, that all The week of the 2020 election, scarcely and integrity, always putting our com- life is sacred, God-given, and should be 100 family units illegally crossed our munity’s interests above his own. protected at all stages. border. By the week of the inaugura- I congratulate Eddie on an out- The Lubbock community recently tion, 1,100 did. By the last week of standing career, and I thank him from stood together against the stain of March, it was over 14,000 in a week.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 03:09 May 19, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.000 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2426 CONGRESSIONAL RECORD — HOUSE May 18, 2021 In February, the Border Patrol en- munity in America is about to become Katie, along with their spouses, countered roughly 100,000 aliens ille- a border town. Every American will Desiree and Michael; their beloved gally crossing our border. That is feel it as classrooms are filled with grandchildren; and their extended fam- about the size of South Bend, Indiana. non-English speaking students; as ily. By March, that number had grown to gangs proliferate; as criminal illegal Additionally, I extend my condo- over 170,000. That is about the size of aliens are released in our communities; lences to Dr. Magee’s many patients Salem, Oregon. Last month, the num- as hospital emergency rooms are and to the veteran community that he ber reached nearly 180,000, the popu- packed with illegals demanding basic served with such dedication. This is a lation of Providence, Rhode Island, a medical care; and as a desperate labor profound loss for our medical commu- 900 percent increase over April of last market is flooded with low-wage illegal nity, our veteran community, and our year. labor, meaning lower wages and fewer community at large. Thirty-eight percent are being re- opportunities for working Americans. f leased into our country. In April, ICE This is not accidental. This adminis- deportations fell to their lowest num- tration is pursuing a deliberate policy HONORING THE INCREDIBLE LIFE ber in history. Felons that the law re- to fundamentally change the culture, OF ARNOLD E. PERL quires to be deported are instead delib- electorate, and founding principles of The SPEAKER pro tempore. The erately being released into our neigh- our Nation. It is working, and it will Chair recognizes the gentleman from borhoods. continue as long as the people respon- Tennessee (Mr. KUSTOFF) for 5 minutes. In the last 2 months, I joined delega- sible for it remain in public office. Mr. KUSTOFF. Mr. Speaker, today, I tions led by Congressmen JORDAN and History is littered with the ruins of rise in the memory of my friend and a BIGGS across the southern border. In nations that fail to control their bor- great Memphian, Arnold Perl. the Rio Grande Valley sector, we ders. Whether ours soon joins them de- Arnold was known as a devoted hus- watched one night as hundreds of pends on Americans taking back their band, father, grandfather, friend, and aliens from Central America illegally government before it is too late. strong advocate. While Arnold Perl was crossed our border with impunity and f born in Texas and raised in Chicago, entered a Disneyland-style queue. Memphis was Arnold’s true home. He After a brief interview, groups in the REMEMBERING THE LIFE OF DR. earned his undergraduate and law de- company of small children were SAMUEL MAGEE grees from the University of Illinois dropped off at transportation hubs to The SPEAKER pro tempore. The and, in 1968, moved to Tennessee. Mem- be taken anywhere in the United Chair recognizes the gentleman from phis remained his adopted city until States they wanted to go without even Pennsylvania (Mr. JOYCE) for 5 min- his passing on May 4 of this year. being given a notice to appear in court. utes. After he came to Memphis, Arnold Unaccompanied minors were taken to Mr. JOYCE of Pennsylvania. Mr. founded his own law firm, Young & a holding facility where they were Speaker, I rise today with great sad- Perl, a law firm focusing on labor law placed in cattle pens. One unit designed ness to remember the life of my friend, and labor-management relations. Ar- for 33 people had over 500 in it. After a Dr. Sam Magee, who unexpectedly nold later served as a member of the few days, they were transferred to HHS passed away this past weekend. well-known Memphis law firm facilities. An exemplary surgeon, Dr. Magee Glankler Brown, where he represented No effort is made to safely return dedicated his life to serving his pa- some of the biggest Fortune 500 compa- them to their homes. Every effort is tients and our Blair County commu- nies. made to place them in the United nity. b 1015 States, often with family or friends Sam, as the son of an Altoona sur- who are themselves here illegally. geon, proudly carried forth his family Arnold also argued cases before nu- The President just transferred $2 bil- tradition. Most recently, Dr. Magee merous State and Federal courts, the lion to accommodate this flood that he cared for American veterans as the U.S. Court of Appeals, and the United has created, taken from funds Congress chief of staff of the James E. Van States Supreme Court. appropriated to rebuild our emergency Zandt VA Medical Center. In this new As a lawyer, Arnold was sought after medical reserve and fund COVID test- role, Dr. Magee was an instrumental for his impressive skills, his expertise, ing. Simply stated, Americans last. partner in the launch of my Home- and his extensive knowledge of the rule In the San Diego, El Centro, and grown Health Care initiative, which of law. Since 1983, he was listed in each Yuma sectors, we saw the nearly com- aims to reverse the doctor shortage in edition of The Best Lawyers in Amer- pleted border wall built by the Trump rural communities. ica and even served on its advisory administration made useless because of Dr. Sam Magee was a champion for board. small construction gaps that can’t be solutions to tough problems. Together, Without a doubt, Arnold was an ex- filled because Mr. Biden has forbidden we shared a mission to improve Penn- tremely accomplished lawyer, but his it. Aliens just calmly walk through sylvanians’ access to quality passions went beyond the law. them. healthcare, regardless of ZIP Code. For over 30 years, Arnold served as a We saw one group taken into custody In addition to his work at the VA, strong and committed member of the from Romania. Another group of about Dr. Magee spent more than 35 years Memphis-Shelby County Airport Au- 20 were from Cuba, Russia, and Arme- practicing in Altoona, Pennsylvania, thority. For 16 of those years, from nia. From all over the world, people are saving lives and improving our local 1996–2012, he was its chairman. flying into Mexico on tourist visas, healthcare. My family and I personally Through his leadership, Arnold making their way to border towns, and came to experience his great skills. played a vital role in making the Mem- then walking through the gaps to enter As both a fellow Altoona native, and phis International Airport into one of the United States illegally. Penn State and Temple Medical School the top hubs in the world. Working in In California, one officer told us their graduates, Dr. Magee and I shared so conjunction with FedEx, Arnold helped orders were to process as many illegals much in common. More than a col- the Memphis airport become the into the country as fast as possible. league, I considered him a very dear world’s largest cargo airport. From its polling, Gallup estimates friend. He also facilitated the relocation of there are 42 million people now living As we remember his life and his leg- the Tennessee Air National Guard’s in Latin America and the Caribbean acy, I also give thanks for his meaning- headquarters, which helped promote alone who intend to come to the United ful contributions to his patients, to our growth for Memphis. States if they can. And now they are. community, and to our medical profes- Arnold was chairman of the New We are witnessing the beginning of a sion. Even in sorrow, we celebrate Dr. Arena Public Building Authority, mass migration of historic proportions, Magee’s life and his indelible contribu- where he oversaw the development of one that no civilization in human his- tions to the world. the FedExForum, the home of the tory has ever survived. One Border Pa- I extend my deepest sympathy to his Memphis Grizzlies and the Memphis Ti- trol officer warned us that every com- wife, Bunny; their children, Rich and gers.

VerDate Sep 11 2014 03:09 May 19, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.002 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2427 This was a huge accomplishment for other grandchildren, Randy, Kelly, nois State’s 19th president. Prior to Memphis, as it brought great economic Curt, Ric; and the rest of her great- coming to ISU, he served as Vice Chan- development and unity to the commu- grandchildren, Trenee, Ryan, Ross, cellor of Student Affairs at Southern nity. Connor, Sydney, Grace, and Payton. Illinois University Carbondale, and he During its construction, Arnold’s Mary Alice, may you rest in peace. held various other leadership positions mantra was to build the facility on HONORING TREVOR HERDERHORST at the University of Missouri and Iowa time and on budget. Indeed, the Mr. RODNEY DAVIS of Illinois. Mr. State University. FedExForum was built in 3 years and Speaker, I rise today to honor Trevor President Dietz’s passion for higher on budget. Herderhorst of Highland, Illinois, who education has taken an already highly esteemed ISU to new heights. With his Most importantly, Arnold was a dedi- died on April 25 after a courageous leadership, the university is contin- cated member of the Memphis Jewish fight with cancer. ually ranked among the top in the Na- community and was devoted to his Trevor began his dream of becoming tion for high graduation and retention faith. He served as the 45th president of a firefighter in 2005 with the Cahokia rates and low student loan default Temple Israel in Memphis, from 2006– Volunteer Fire Department. Later, he 2009. rates. He leaves ISU on a footing that graduated from SIUC with a degree in is full of potential. Arnold was passionate in his advo- fire service management, and went on cacy for Israel. In 1983, he and his wife, I have had the pleasure of working to serve as a Granite City firefighter. with Larry since he became president. Mary Lynn, were two of the founding In 2018, Trevor started his dream job A personal testament I have to his suc- members of the AIPAC chapter in with the City of Champaign Fire De- cess is the fact that all three of my Memphis. Arnold was devoted to edu- partment in its Operations Division. children attend Illinois State Univer- cating people on the importance of a Trevor loved being a firefighter and sity, the institution he leads. strong U.S.-Israel relationship. was a proud professional, always striv- Congratulations on your retirement, Ultimately, Arnold was not only a ing to hone his skills to save lives. Mr. President. gifted lawyer; he was a true civic giant, Those who knew Trevor will remem- f a fierce advocate, a faithful individual, ber him for his inspirational positivity and a loving family man. He worked and his passion for making the world PAYING TRIBUTE TO FRANK tirelessly to make Memphis a better around him a better place and his love FRYBURG place for all to live. for baseball. The SPEAKER pro tempore. The His two daughters, Stephanie and My prayers are with Trevor’s wife, Chair recognizes the gentleman from Laurie; and his two sons-in-law, Jeff Tiffany; his children, Chase and Olivia; Pennsylvania (Mr. SMUCKER) for 5 min- and Jonathan, who he saw more as and all his friends and family spread utes. sons, said that their dad followed four throughout the communities he made Mr. SMUCKER. Mr. Speaker, I rise pillars that he adopted from one of his better with his presence. He will truly today to honor and to pay tribute to a mentors: Family, faith, profes- be missed. community leader, a veteran, and a sionalism, and community. vocal advocate, Mr. Frank Fryburg, RECOGNIZING KNIGHT’S ACTION PARK Roberta and I extend our deepest who passed away last week at the age Mr. RODNEY DAVIS of Illinois. Mr. sympathies to Mary Lynn, his loving of 94. Speaker, I rise today to recognize wife of 55 years; their daughters, Those of us who had the pleasure to Knight’s Action Park in Springfield, Il- Stephanie and Laurie; his sons-in-law, know Frank know that he lived a life linois, which is celebrating 91 years of Jeff and Jonathan; his six grand- of service to others. Frank joined the business this year. children, and the rest of his family and Navy in 1944 as an electronic techni- It was founded in 1930 as a golf driv- friends. cian, and went on to serve 20 years in ing range by George Knight, Sr., after May his memory be a blessing. the Navy Reserves. Frank was a grad- he spent a few years touring the coun- uate of Penn State University, earning f try as the caddy for four-time U.S. his bachelor’s degree in physics on the HONORING MARY ALICE WORKMAN Open champion Willie Anderson. GI Bill. He later earned his MBA from The SPEAKER pro tempore. The George Knight, Jr., and his wife, Au- the University of Pennsylvania’s Whar- Chair recognizes the gentleman from drey, started an archery range in 1951, ton School. Illinois (Mr. RODNEY DAVIS) for 5 min- and later opened the family entertain- Frank served his community for a utes. ment center. Knight’s Action Park decade as a commissioner in Manheim Mr. RODNEY DAVIS of Illinois. Mr. spans 60 acres and three generations of Township in Lancaster County. He was Speaker, I rise today to honor my the Knight family. Over the years, it an active member of his church, a na- wife’s grandmother, Mary Alice Work- has added a water park, pub, and drive- tional leader of his chosen fraternity, man, who, sadly, passed away in late in theater. and worked to support countless com- January at the age of 98. Like many businesses that rely on munity organizations over the years. With Frank, you always knew where Mary Alice was born in Decatur. She large attendance, they faced challenges you stood. He always shared his opin- married her husband, Richard, in 1941. amidst the coronavirus pandemic. They ions with you, and they were very well- She was a member of the First United credit the Paycheck Protection Pro- gram for allowing them to survive 2020, thought out. He was recently recog- Methodist Church in Assumption, Illi- nized as one of the most prolific letter nois. so they can continue to provide jobs for 200 seasonal workers, 10 permanent writers to the editor in the local news- Mary Alice will be remembered for paper. her kindheartedness, for the love of her staff, and family fun for me, my family, and my constituents. Hopefully, Frank Fryburg was a man of excep- large family, and for living life to the tional character, of boundless energy fullest. they will be able to fully reopen soon. Again, congratulations to the and determination, a true servant lead- Mary Alice is now resting peacefully er, and a community advocate. Knights on their 91st anniversary, and with her husband, Richard; and her fa- Frank is survived by his 6 children, vorite dog, Leo. I wish them all the best in the years to 13 grandchildren, and 20 great-grand- It is a sad loss for our family and ev- come. children. eryone who had the pleasure of getting RECOGNIZING DR. LARRY DIETZ We will miss him. We wish those who to know her. It is always difficult say- Mr. RODNEY DAVIS of Illinois. Mr. are grieving, comfort. We give thanks ing good-bye to someone we love and Speaker, I rise today to recognize my for the opportunity to know Frank, appreciate, especially when you friend, Dr. Larry Dietz, the 19th presi- who positively impacted so many peo- couldn’t see them in person before they dent of Illinois State University, who ple during his 94 years. passed. will retire on June 30 after a remark- THANKING ALEX MUNRO Shannon, Toryn, Griffin, Clark, and I able 50-year academic career. Mr. SMUCKER. Mr. Speaker, I rise to send our thoughts and prayers to her Dr. Dietz began his career at ISU in give thanks to someone who has posi- children, Kenneth, Kathleen, and 2011 as the Vice President for Student tively impacted the lives of a genera- Nancy; and their families; and her Affairs. In 2014, he was appointed Illi- tion of students and untold generations

VerDate Sep 11 2014 03:09 May 19, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.004 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2428 CONGRESSIONAL RECORD — HOUSE May 18, 2021 to come in Pennsylvania’s 11th Con- and the Biden administration are struggle in your home country is not gressional District. downplaying, distracting, and denying. justification for breaking the law and Alex Munro has retired after 30 years They are downplaying the severity of skipping the line of millions of people as executive director of the Thaddeus this crisis by refusing to call it a crisis; patiently waiting to legally immigrate Stevens College of Technology Founda- saying, instead, it is a challenge. They here. tion and Alumni Association. Thaddeus are denying the crisis by refusing to We are not the world’s charity. We Stevens College of Technology is visit the southern border in person. are not a nation of open borders. We known across the State and across the It has been 55 days since President are a nation of laws, and it is past time Nation as a preeminent 2-year degree- Biden tapped KAMALA HARRIS to be the the current administration wakes the granting institution, which prepares lead on the border, and she still has not hell up and remembers that fact. But I students for today’s in-demand tech- visited. And they are distracting from won’t hold my breath, and neither nical jobs. this crisis by talking about anything should the American people. Demo- Prior to serving the college, Alex but the border. crats have demonstrated right to our graduated from the school then known Love him or hate him, under Presi- faces that they don’t care about put- as the Thaddeus Stevens Trade School, dent Trump, we finally had a leader ting the American people first. and he talked many times about how it willing to step up and fix the mess at Members of Congress and the Amer- changed his life. He studied masonry at our southern border, a mess our coun- ican people need to speak up and speak the school. After 25 years in the private try has failed to deal with for decades, out about the Biden border crisis and sector, successfully applying those under both Republican and Democrat hold this administration’s feet to the skills and the lessons that he learned leadership. President Trump was the fire until they reverse course. at Thaddeus Stevens, Alex joined the only President who truly took the nec- f alumni foundation board before becom- essary steps to not only stop the flow WE NEED FISCAL RESPONSIBILITY ing the foundation’s executive director of illegal aliens across our borders, but The SPEAKER pro tempore. The in 1990. to deter caravans from ever forming. Chair recognizes the gentleman from Alex has been integral to the ad- He instituted commonsense policies, Texas (Mr. CLOUD) for 5 minutes. vancement of the school, building rela- like the remain in Mexico policy, end- Mr. CLOUD. Mr. Speaker, I rise tionships with elected officials and in- ing catch and release, and building a today to advocate for fiscal responsi- dustry leaders to support expansion of big, beautiful wall with beautiful gates bility as Congress seeks to craft a the school’s mission and programs. because, as we all know, this isn’t budget. Alex is known for saying: ‘‘Changing about legal immigration; it is about il- This past year, our Nation has spent lives is not by chance; it is a tradition legal immigration. more than $7.6 trillion. That is more at Stevens.’’ b 1030 than the Federal Government spent in That is a tradition that he has dedi- the first 200 years since our founding. We are a nation of laws and law and cated himself to for the past 30 years. With the Federal Government’s debt order, or at least we used to be. Ever I personally have worked with Alex already clocking in at $28 trillion and since President Biden assumed control for a number of years, and I have al- rising as I speak, we must face the re- of the White House, there has been an ways appreciated his efforts and can- ality that our grandchildren are going outright refusal from his administra- dor. I want to thank Alex for all he has to foot this bill. done to improve the lives of so many tion to put the American people first On May 12, the Bureau of Labor Sta- students, and I congratulate him on his and address the growing crisis at our tistics announced that inflation had retirement. southern border. Their inaction will grown by 4.2 percent over the last year. f cost American lives, will cost billions That is the largest 12-month increase of American taxpayer dollars, and will BIDEN BORDER CRISIS since September 2008. Should we con- once again put the responsibility of the tinue to spend at the rate that we are The SPEAKER pro tempore. The Federal Government on individual spending, our national debt, debt serv- Chair recognizes the gentleman from States. icing, and costs for household items Texas (Mr. NEHLS) for 5 minutes. And I know. I saw it firsthand as a will continue to skyrocket, making life Mr. NEHLS. Mr. Speaker, for months county sheriff for 8 years in Texas. I unaffordable for millions more. now, our country has witnessed the had to look victims of crime in the This is not right. It is immoral for us never-ending horrific images and sto- eyes after their loved one was killed or to continue to fulfill the wants and ries coming from our southern border. their homes were burglarized and tell needs of our generation by stealing op- We have seen young children thrown these individuals: I am sorry for what portunity from the next. We must do over a 14-foot fence like a rag doll. We happened to you, but we caught the the hard work of meeting our country’s have seen children wandering alone, guy. And I am sad to tell you that he needs responsibly. abandoned in south Texas. We have has been deported four, five, six times. The Republican Study Committee seen thousands of children packed like I had to tell this specifically to doz- has proposed such a budget, a conserv- sardines into holding facilities meant ens of residents in my home county ative budget, one that provides a road- for 250. And we have seen countless whose homes were burglarized by a map toward a better future for our horrific tales of young women sexually burglary ring of illegal aliens from, country. This budget gets us back on assaulted by coyotes on their trek up yes, Honduras and Colombia, many of track in just 5 years while eliminating here. whom had been deported several times. the deficit and cutting taxes. This is a When I traveled to the southern bor- In January 2020, I had to tell the son conservative budget, one that aims to der in March and again in May, I saw of an elderly Texas woman who was strengthen our Nation and provide bet- the Biden border crisis firsthand. I killed in a hit-and-run that the illegal ter governance. spoke to Border Patrol agents who said alien who ran his mother over had been I am pleased to report that the RSC they are beyond spread thin trying to deported six times prior. How on Earth budget includes four of my legislative juggle securing the border with an in- does anyone ever get deported more proposals, including my bill to require adequate number of agents, while si- than one time from our country? It the Congressional Budget Office to in- multaneously babysitting the unprece- happens because the Federal Govern- clude the cost of debt servicing when dented number of migrant children who ment is failing to secure the southern preparing cost estimates for proposed continue to flood across our southern border. legislation. Before legislation passes border daily. While they are busy baby- It is mind-boggling to me that the either the House or Senate, lawmakers sitting, violent criminal aliens are slip- Democrat Party has accepted that should know how much it is going to ping through undetected. American lives will be lost and billions cost, yet Congress routinely ignores These stories are indisputable. They of taxpayer dollars wasted so illegal the true cost and overstates the bene- are entirely based in fact and truth. aliens can flood into our country sim- fits of new spending. But rather than recognize and address ply because their home country is cor- The American people have to account the reality of the situation, Democrats rupt or crippled. Economic hardship or for the cost of debt servicing in their

VerDate Sep 11 2014 03:09 May 19, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.005 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2429 family budgets, and providing Congress the course of one weekend. Several of- low? Also, who killed Ashli Babbitt, with accurate cost estimates that in- ficers were injured as well. and why is that not being revealed? clude the cost of debt servicing is com- Protests in Wichita, Kansas, cost the Does her family not deserve justice? monsense reform that would hold Con- police department about $1.5 million in Lastly, when will the witch hunt of gress to the same standard, forcing overtime. Donald J. Trump come to an end, and lawmakers to reckon with the actual Protests in Salt Lake City cost at all of those who support him? cost of raising our national debt. least $100,000 in damages. f Additionally, this budget is pro-life. Protests in Denver cost the city at It includes my bill, the Women’s Public least $5.5 million in damages and over- UNREST IN THE MIDDLE EAST Health and Safety Act, which would time. The SPEAKER pro tempore. The help prevent taxpayer dollars from BLM protesters in Nashville set a Chair recognizes the gentleman from funding abortion providers. This legis- Federal courthouse on fire. The de- Tennessee (Mr. BURCHETT) for 5 min- lation will empower States to end the struction is estimated to have cost $1.2 utes. bankrolling of abortion providers and million in damages. Again, is that an Mr. BURCHETT. Mr. Speaker, what free up funding for healthcare initia- insurrection? Hamas and the Palestinian Islamic tives for those providers that actually Protesters in Portland destroyed bar- Jihad are doing to Israel is nothing put the well-being of women and babies riers and attempted to burn down gov- short of evil and barbaric. Even worse, first. ernment buildings, resulting in $2.3 some of my colleagues across the aisle This budget is pro-Second Amend- million in damages, including $1.6 mil- and in the national media are excusing ment. It includes my legislation to pro- lion in damages to the courthouse this violence against our closest ally in hibit a natural disaster declaration downtown. the Middle East. from being used to impose gun or In St. Louis, following a night of vio- It is a fact that Hamas and the PIJ, ammo controls. lence, buildings were looted, vandal- if they were to lay down their weapons, Finally, this bill is fiscally respon- ized, and burned. there would be peace. But if the sible. It includes my legislation for a Protestors in Louisville set the Israelis laid down theirs, they would be Federal sunset commission to monitor courthouse on fire and shot two cops, exterminated. This is no secret because the effectiveness of government agen- resulting in a state of emergency order these two terrorist groups explicitly cies and prevent wasteful inefficiencies being declared. say their goal is to wipe Israel off the and duplicative programming. Protesters in Kenosha, Wisconsin, in- face of the map, and their actions back I want to thank the RSC Budget jured police officers, set off fireworks up their words, Mr. Speaker. Task Force chairman, Congressman near the police and courthouse, and set I think a history lesson and global HERN, and the chairman of the RSC, at least two city trucks on fire. current affairs update is in order for Congressman BANKS, for putting forth In Guilford County, North Carolina, a Members of Congress and media orga- a bold budget. courthouse was broken into and set on nizations taking the side of terrorists We can get our Nation back on track. fire, resulting in roughly $200,000 in intent on exterminating Israel and the We just need to put in the time to do damages. entire Jewish population. what we have to do here in Wash- Protests in Oakland, California, re- For starters, nobody should forget ington. sulted in a courthouse being set on fire that, in 1997, it was President Bill Clin- f and vandalized. ton’s State Department that placed WHAT CONSTITUTES AN The LAPD was defunded by $150 mil- Hamas and the PIJ on the United INSURRECTION lion, and some smaller crime units States’ list of foreign terrorist organi- were eliminated entirely. zations. Both groups are still on the The SPEAKER pro tempore. The Studies show 570 protests in 220 U.S. list today and for good reason. Chair recognizes the gentlewoman from locations turned violent over the sum- Israel removed their forces from the Georgia (Mrs. GREENE) for 5 minutes. Mrs. GREENE of Georgia. Mr. Speak- mer. Are those not insurrections? Gaza Strip in 2005, but in 2007, Hamas The $1-plus billion in riot damages is er, I rise in opposition to the commis- violently forced out Fatah, its rival estimated to be the most expensive in sion to study the events of January 6, Palestinian faction, and consolidated insurance history. It resulted in up to as well as spending $2 billion in a secu- its control over the entire Gaza Strip. $2 billion of damages in 20 cities across rity supplemental. A terrorist organization controlling The question that comes to mind is the U.S., mostly concentrated in L.A., territory within mere miles of Jewish this: What about all the riots that hap- Detroit, Miami, D.C., and New York. communities leaves Israeli civilians pened during the summer of 2020 after Indeed, we should have a commission vulnerable to violent attacks, Mr. the death of George Floyd? What about to study the violent BLM and antifa Speaker. all the damage caused to Federal build- mobs that have plagued American cit- Israel’s military blockade protects ings, churches, people’s businesses, and ies this past summer, and that is for its rightful homeland from infiltration innocent people that were killed, like the American people who, by the way, by radical jihadi terrorists. The block- David Dorn? pay the taxes that fund everything we ade is important for preventing the This past summer, Minneapolis city do here. transfer of weapons from Iran’s Revolu- officials estimate 700 buildings were Also, we should have a security sup- tionary Guard, which gives support to damaged, burned, or destroyed, includ- plemental to fund all the police depart- Hamas and PIJ. God only knows the ing 360 local businesses. Riots caused ments that have been defunded due to devastation recent missile attacks an estimated $55 million in damages in the pressure from radical, violent, and would have inflicted if the Iranians Minneapolis alone. socialist groups. We should back the were able to smuggle guided missiles BLM and antifa established an auton- blue because they certainly back us. into the Gaza Strip. omous zone in Seattle and attempted Also, while it is catch-and-release for Despite the blockade, Hamas and PIJ to burn government buildings in Port- domestic terrorists, antifa, BLM, the still construct their terror tunnels and land. Is that not an insurrection? people who breached the Capitol on manufacture their rockets with dual- On one Friday night alone in New January 6 are being abused, some even use materials like concrete, steel, York City, BLM protesters caused over being held for 23 hours a day in solitary chemicals, fuel, explosives, and many $100,000 in damages, and 150 people were confinement. other things. These materials, which arrested. So, Mr. Speaker, my questions are the Israelis allow to pass through their Just one Monday night in Philadel- these: Who placed the pipe bombs at blockade, are meant for infrastructure phia resulted in a crowd of 1,000 people the RNC and the DNC, which is an at- in Gaza, only to wind up confiscated by looting stores, setting fires in the mid- tack on both Republicans and Demo- the terrorists for their horrific attacks, dle of the street, and 30 police officers crats? Why was President Trump’s re- Mr. Speaker. injured. quest on January 5 for 10,000 National If anybody questions the existence of Protests in Kansas City resulted in Guard denied, and who denied it, and the tunnels or their use, I recommend $2.1 million in damages, mostly over what chain of command did they fol- they go on the next codel to Israel to

VerDate Sep 11 2014 03:09 May 19, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.007 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2430 CONGRESSIONAL RECORD — HOUSE May 18, 2021 see for themselves. I have been there RECOGNIZING TERI TOPPING To that end, I urge support for H.R. and stood in them. They are, in fact, The SPEAKER pro tempore. The 2167, the GI Bill National Emergency 100 percent real. Chair recognizes the gentleman from Extended Deadline Act. Included in This is a dilemma for Israel. They West Virginia (Mr. MOONEY) for 5 min- this larger piece of legislation is a pro- want to improve civilian life in Gaza utes. gram that I am proud to advocate for. by letting these important materials Mr. MOONEY. Mr. Speaker, today, I My language in this bill authorizes a pass through its blockade, but they have the privilege of recognizing one of pilot program to allow States to use also know their enemies will steal the millions of hardworking, taxpaying grants or contracts to carry out short- these materials and try to harm Americans who form the foundation of term fellowship programs for unem- Israelis. our Nation’s economy through their ployed veterans. This program is not The violence that began last week employment in small business—in this some revolutionary concept, but what came as a result of protests regarding particular case, the healthcare indus- it does is build off the successes of an ongoing Israeli court order to evict try. other pilot programs in the veteran Palestinian families from the Sheikh Mrs. Teri Topping of Elkins, West community. Jarrah neighborhood of Jerusalem. Virginia, has served her patients excep- This program would authorize DOL Palestinian Authority President tionally well throughout her distin- VETS to carry out a pilot program Mahmoud Abbas, who is serving his guished career as an orthopedic nurse similar to fellowship programs created 16th year of what is supposed to be a 4- manager. by the U.S. Chamber of Commerce year term, Mr. Speaker, called for un- As a result, Mrs. Topping is beloved Foundation to allow States to use rest in the streets. Not to be outdone, by her community for the conscien- grants or contracts to carry out a Hamas and the PIJ recognized a polit- tious care that she has provided to short-term fellowship program. ical opportunity to assume the mantel those in need. Her outstanding per- After the participating States have as protectors of all Palestinian people. formance has helped her local hospital, been selected by the DOL, each State the Davis Memorial Hospital in Elkins, would enter into an agreement with a b 1045 West Virginia, become one of the best nonprofit organization to carry out the hospitals for joint care in the entire These terrorist groups responded by short-term fellowship program. Par- Mountain State. gutlessly and indiscriminately firing ticipants would be provided a small sti- It is hardly surprising that Mrs. Top- over 3,000 missiles since last Monday at pend while they are participating in ping’s patients illustrated their deep hospitals, schools, and other civilian the program. appreciation for her incredible efforts population centers across central and This program prioritizes veterans when the Inter-Mountain’s 2021 Peo- southern Israel. and opens up new and unique pathways ple’s Choice Awards opened balloting Thankfully, the United States pro- toward employment. This new fellow- to the public. In a heartwarming dis- vides Israel with generous military as- ship program will build upon the suc- play, those graced by Mrs. Topping’s sistance for the Iron Dome and other cesses of other fellowship programs skill and dedication voted in droves to missile defenses. This system has inter- across the country, and I am confident grant her this year’s award for Best cepted 90 percent of the missiles. How- that it will empower unemployed vet- Nurse. This tremendous honor is well ever, there have been 10 Israelis killed, erans to find meaningful work in the deserved. including two children. post-COVID economy. I extend my thanks and congratula- The benefits of this program are nu- Israel has the right to defend itself tions to Nurse Topping for her phe- from unprovoked terrorist attacks merous. It will give eligible veterans nomenal service to the people of West the ability to gain on-the-job experi- from Hamas, PIJ, and anybody else. Virginia. I encourage everyone, espe- The Israelis responded forcefully, ac- ence in a field of their interest while cially young nurses, to follow her ex- earning a monthly stipend. tively trying to limit civilian casual- traordinary example. ties by calling residents in targeted I will always fight for the veteran Teri Topping and her husband, Ret community in NC–11, and this program buildings and deploying ‘‘knock on the Topping, are the mother and father of roof’’ warnings. This is a courtesy that is a bipartisan measure that puts vet- three beautiful daughters. They also erans first. terror groups like Hamas and PIJ do are grandparents. They have their first One of the foundational attributes of not and will never return. grandchild, fortunately, living nearby Americanism is our sense of brother- Without these important measures, them in West Virginia. I consider them hood. Those who sacrifice for the good Mr. Speaker, hundreds more Pales- personal friends, and they are pillars of of this Nation are not simply a re- tinian civilians would be dead because the community. source to be utilized and then cast Hamas and PIJ use commercial and Congratulations to Nurse Teri Top- aside. These are our heroes, and they residential buildings to house their ping for her Nurse of the Year award. military operations and ammunition deserve much more than what our Na- f depots. This disgusting tactic is the tion currently provides them. reason why the Palestinian death toll HELP FOR VETERANS FACING When I left my mountain home to is higher and why the lives of dozens of STRUGGLES come to Washington, I promised the innocent Palestinian children have The SPEAKER pro tempore. The veterans in our district that I would be been lost. Chair recognizes the gentleman from their weapon in Washington, D.C. I will These terror groups are more than North Carolina (Mr. CAWTHORN) for 5 never abandon those who sacrificed willing to use their own people as minutes. their lives and livelihoods in defense of human shields for the sake of vilifying Mr. CAWTHORN. Mr. Speaker, for our freedoms. Israel. Unfortunately, the most radical eight generations, my family has lived For too long, we have cast our vet- Members of Congress and the American in the mountains of western North erans, these guardians of our Republic, mainstream media have bought this Carolina. Many of my family members by the wayside and derided their sac- narrative hook, line, and sinker, Mr. have served in our Armed Forces. I rifice. Never forget, America is the Speaker. grew up surrounded by men of courage land of the free because of the brave. Hamas and the PIJ are no friends of and patriotism who dedicated their Together, we can show these men and ours and want the same fate for Israel lives and their honor in defense of this women who dedicated their lives to us that so many terrorists want for the American Republic. that we will not turn our backs on United States: the complete and total I understand, as much as one can them. destruction of democracy. without serving, the struggle a veteran Join me in supporting the new vet- If you are going to blame Israel alone faces attempting to reacclimate to ci- erans fellowship program, and let’s for the recent violence, you are being vilian life. It is incumbent on the take a firm step toward supporting our nothing more than a useful idiot and a American people to work hand in hand veterans. I urge all of my colleagues to publicity tool for the two terrorist or- with our veterans and streamline their vote in favor of H.R. 2167, the National ganizations. transition back into the workforce. Emergency Extended Deadline Act.

VerDate Sep 11 2014 03:09 May 19, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.009 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2431 RECESS I pledge allegiance to the Flag of the RECOGNIZING FALLEN United States of America, and to the Repub- SERVICEMEMBERS The SPEAKER pro tempore. Pursu- lic for which it stands, one nation under God, ant to clause 12(a) of rule I, the Chair indivisible, with liberty and justice for all. (Mr. AUCHINCLOSS asked and was declares the House in recess until noon given permission to address the House today. f for 1 minute.) Accordingly (at 10 o’clock and 52 Mr. AUCHINCLOSS. Madam Speaker, minutes a.m.), the House stood in re- ANNOUNCEMENT BY THE SPEAKER I rise today to recognize our fallen cess. PRO TEMPORE servicemembers as Memorial Day ap- f The SPEAKER pro tempore. The proaches. Chair will entertain up to 15 requests This weekend, I was proud to join in b 1200 for 1-minute speeches on each side of the dedication of the Fall River Viet- AFTER RECESS the aisle. nam Veterans Memorial Wall, which pays homage to the nearly 60,000 Amer- The recess having expired, the House f icans who died in Vietnam. They were was called to order by the Speaker pro not always honored as they should tempore (Ms. KAPTUR) at noon. RECOGNIZING JULIANA URTUBEY have been by their contemporaries, but f (Mr. HORSFORD asked and was we honor them now. Liberty, justice, PRAYER given permission to address the House and democracy are ultimately pro- for 1 minute and to revise and extend tected by those who are willing to lay The Chaplain, the Reverend Margaret his remarks.) Grun Kibben, offered the following down their lives to defend these values. Mr. HORSFORD. Madam Speaker, I This coming Memorial Day, let us prayer: rise to recognize and celebrate Ms. Ju- God of the universe and all who dwell enjoy time with our friends and fami- liana Urtubey, a Nevada teacher whose lies, a more acute joy than ever, after therein, every nation, every tribe, commitment to joyful and just edu- every people and language stands be- this past year. But let us also center cation has led to her well-deserved se- ourselves on the true meaning of the fore Your throne. lection as the 2021 National Teacher of In gratitude, we stand alongside our day and reflect on the sacrifice and the Year. valor of those no longer with us. brothers and sisters to celebrate Asian Ms. Urtubey is a first-generation im- f American Pacific Islander Month, ac- migrant and bilingual educator who knowledging the first known Japanese works in special education at Booker REMEMBERING THE VICTIMS OF immigrants in 1843, the Chinese labor- Elementary in Nevada’s Fourth Con- THE ATTACK ON SANTA FE HIGH ers who sacrificed their lives and dig- gressional District. SCHOOL nity to build the transcontinental rail- At Booker Elementary, she is known (Mr. WEBER of Texas asked and was road, the Vietnamese for whose free- as Ms. Earth for beautifying the com- given permission to address the House dom many spilled blood. munity with gardens and murals. for 1 minute and to revise and extend We pause to stop and consider how She teaches her students to take his remarks.) You have brought them and countless pride in themselves, their identities, Mr. WEBER of Texas. Madam Speak- others, Koreans, Filipinos, Indians, and and their strengths. er, I rise today to remember the vic- Pacific Islanders, to these shores as im- She is the best of Nevada, the best of tims of the heinous attack on Santa Fe migrants, refugees, or even war brides, our educators, and we are so proud of High School on this day back in 2018. blessing their journeys with hope for her. Three years ago, Santa Fe, Texas, a the freedom and opportunity our coun- salt-of-the-earth town in my district, f try’s vast resources provide. was confronted with an incomprehen- Lord, we acknowledge and honor so HONORING ELY BLAISDELL sible evil. Instead of revisiting those many who have made significant con- horrendous acts of violence, today I (Mr. THOMPSON of Pennsylvania tributions to law and medicine, science rise to honor the lives that were trag- asked and was given permission to ad- and technology, arts and entertain- ically cut short: ment. How humbled we are by the dress the House for 1 minute and to re- 15-year-old Aaron Kyle McLeod; wideness of Your embrace and how in- vise and extend his remarks.) 15-year-old Angelique Ramirez; debted we are to the evidence of Your Mr. THOMPSON of Pennsylvania. 14-year-old Kimberly Vaughan; hand in all of creation. Madam Speaker, I rise today to honor 63-year-old Cynthia Tisdale; Free us, then, from our hatred or in- Ely Blaisdell of South Fork, Pennsyl- 17-year-old Sabika Sheikh; difference toward those whom we per- vania. Ely has accepted a fully quali- 17-year-old Jared Black; ceive as the ‘‘other.’’ Instead, reconcile fied appointment to the U.S. Merchant 16-year-old Shana Fisher; us to Yourself and to our compatriots, Marine Academy in New York. 64-year-old Glenda Ann Perkins; that we may consider how, by Your di- Ely is a senior at Bishop Carroll 15-year-old Christian Riley Garcia; vine providence and grace, O Lord, we Catholic High School. He has two sib- and are a richer Nation because of the lings, Eban and Margaret. He is the son 17-year-old Christopher Stone, who blessing of our diversity. of Michael and Karen Blaisdell. He is was adventurous, understanding, and It is in the unity of Your name we the grandson of the late Herbert and easy to talk to. pray. Carolyn Kessler and Eva Stahr-Kessler, Both Christopher and Christian have Amen. all of Johnstown; and Margaret and the received medals of honor for the deed f late Mark Blaisdell of Wilmore, Penn- they did. sylvania. Madam Speaker, it was a solemn day. THE JOURNAL Ely is following in the footsteps of f The SPEAKER pro tempore. Pursu- two of his uncles, Dan Kessler and Paul ant to section 11(a) of House Resolu- Kessler, who graduated from the U.S. CONGRATULATING ABBY CROW tion 188, the Journal of the last day’s Merchant Marine Academy in 1979 and (Mrs. MILLER-MEEKS asked and proceedings is approved. 1975, respectively. was given permission to address the f Madam Speaker, Ely Blaisdell is a House for 1 minute and to revise and dedicated member of his community. extend her remarks.) PLEDGE OF ALLEGIANCE His passion for service and his commit- Mrs. MILLER-MEEKS. Madam The SPEAKER pro tempore. Will the ment to his education will serve him Speaker, I rise today to congratulate a gentleman from Nevada (Mr. well as he heads to Kings Point, New young woman from my district for her HORSFORD) come forward and lead the York. appointment to fill an important seat House in the Pledge of Allegiance. Good luck to him as he enters this in the State of Iowa. Mr. HORSFORD led the Pledge of Al- next chapter of his life, and I thank On April 16, Iowa Governor Kim Rey- legiance as follows: him for his service to our country. nolds appointed Abby Crow, a native of

VerDate Sep 11 2014 03:09 May 19, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.011 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2432 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Tiffin, Iowa, and a sophomore human sage from the Secretary of the Senate on Sec. 1202. Standard design in capital con- physiology major at the University of May 18, 2021, at 9:50 a.m.: struction. Iowa, to fill the student seat on the That the Senate passed without amend- Sec. 1203. Capital construction trans- ment H.R. 941. parency. State Board of Regents. With best wishes, I am, Sec. 1204. Contractor performance informa- The Board of Regents, which governs Sincerely, tion. five public educational institutions CHERYL L. JOHNSON, Sec. 1205. Growth projections for new embas- across Iowa, first established a student Clerk. sies and consulates. regent position in 1973 to give students f Sec. 1206. Long-range planning process. a say in decisionmaking. Since then, Sec. 1207. Value engineering and risk assess- ANNOUNCEMENT BY THE SPEAKER five University of Iowa students have ment. PRO TEMPORE served in this position. Sec. 1208. Business volume. The SPEAKER pro tempore. Pursu- Sec. 1209. Embassy security requests and de- On April 28, Abby was unanimously ficiencies. confirmed to serve on the board, six ant to clause 8 of rule XX, the Chair Sec. 1210. Overseas security briefings. years since the last Hawkeye student will postpone further proceedings Sec. 1211. Contracting methods in capital filled the seat. today on motions to suspend the rules construction. The student regent seat is incredibly on which the yeas and nays are or- Sec. 1212. Competition in embassy construc- important, and I have tremendous faith dered. tion. The House will resume proceedings Sec. 1213. Statement of policy. that Abby will be an excellent rep- Sec. 1214. Definitions. resentative for the university and for on postponed questions at a later time. TITLE III—PERSONNEL ISSUES her fellow students. f Sec. 1301. Defense Base Act insurance waiv- f DEPARTMENT OF STATE ers. AUTHORIZATION ACT OF 2021 Sec. 1302. Study on Foreign Service allow- CONDEMNING THE ACTS OF TER- ances. ROR AGAINST THE STATE OF Mr. MEEKS. Madam Speaker, I move to suspend the rules and pass the bill Sec. 1303. Science and technology fellow- ISRAEL ships. (H.R. 1157) to provide for certain au- (Mrs. MILLER of Illinois asked and Sec. 1304. Travel for separated families. thorities of the Department of State, Sec. 1305. Home leave travel for separated was given permission to address the and for other purposes, as amended. families. House for 1 minute and to revise and The Clerk read the title of the bill. Sec. 1306. Sense of Congress regarding cer- extend her remarks.) The text of the bill is as follows: tain fellowship programs. Mrs. MILLER of Illinois. Madam H.R. 1157 Sec. 1307. Technical correction. Speaker, our Nation must be united in Be it enacted by the Senate and House of Rep- Sec. 1308. Foreign Service awards. our condemnation of the acts of terror resentatives of the United States of America in Sec. 1309. Workforce actions. and stand in support of the State of Congress assembled, Sec. 1310. Sense of Congress regarding veterans employment at the De- Israel, our ally and strategic partner, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. partment of State. (a) SHORT TITLE.—This Act may be cited as the beacon of light in the Middle East. Sec. 1311. Employee assignment restrictions the ‘‘Department of State Authorization Act Hamas is a terrorist organization and preclusions. of 2021’’. with the sole purpose of destroying Sec. 1312. Recall and reemployment of ca- (b) TABLE OF CONTENTS.—The table of con- Israel. Since last Monday, more than tents for this Act is as follows: reer members. 3,000 rockets have been fired from Gaza Sec. 1313. Strategic staffing plan for the De- Sec. 1. Short title; table of contents. partment of State. into Israel. Sec. 2. Definitions. Sec. 1314. Consulting services. One of my daughter’s close friends Sec. 3. Determination of budgetary effects. Sec. 1315. Incentives for critical posts. attended school in Israel. She has been TITLE I—ORGANIZATION AND OPER- Sec. 1316. Extension of authority for certain awakened to rockets being fired over ATIONS OF THE DEPARTMENT OF accountability review boards. her head, and she has spent days on STATE Sec. 1317. Foreign Service suspension with- high alert, ready to run for shelter at Sec. 1001. Diplomatic Programs. out pay. any given moment. Sec. 1002. Sense of Congress on importance Sec. 1318. Foreign Affairs Manual and For- No country would tolerate thousands of Department of State’s work. eign Affairs Handbook changes. Sec. 1003. Bureau of Democracy, Human Sec. 1319. Waiver authority for individual of rocket attacks against major cities Rights, and Labor. and population centers. Israel has the occupational requirements of Sec. 1004. Assistant Secretary for Inter- certain positions. obligation and duty to defend its citi- national Narcotics and Law En- Sec. 1320. Appointment of employees to the zens against the violent attacks from forcement Affairs. Global Engagement Center. Hamas. Sec. 1005. Bureau of Consular Affairs; Bu- Sec. 1321. Rest and recuperation and over- Israel is the only democracy in the reau of Population, Refugees, seas operations leave for Fed- Middle East. President Trump was the and Migration. eral employees. Sec. 1006. Office of International Disability Sec. 1322. Emergency medical services au- President of peace. His agenda was Rights. right, and the United States should thority. Sec. 1007. Anti-piracy information sharing. Sec. 1323. Department of State Student In- stand strong as a friend to Israel. Sec. 1008. Importance of foreign affairs ternship Program. training to national security. My family and I will continue to pray Sec. 1324. Competitive status for certain em- Sec. 1009. Classification and assignment of for the peace and safety of the people ployees hired by Inspectors of Israel as they combat terrorism. Foreign Service officers. Sec. 1010. Energy diplomacy and security General to support the lead IG f within the Department of mission. State. Sec. 1325. Cooperation with Office of the In- COMMUNICATION FROM THE Sec. 1011. National Museum of American Di- spector General. CLERK OF THE HOUSE plomacy. Sec. 1326. Information on educational opportunities for children with spe- The SPEAKER pro tempore laid be- Sec. 1012. Extension of period for reimbursement of fishermen for costs in- cial educational needs con- fore the House the following commu- curred from the illegal seizure sistent with the Individuals nication from the Clerk of the House of and detention of U.S.-flag fish- With Disabilities Education Representatives: ing vessels by foreign govern- Act. Sec. 1327. Implementation of gap memo- OFFICE OF THE CLERK, ments. randum in selection board proc- HOUSE OF REPRESENTATIVES, Sec. 1013. Art in embassies. ess. Washington, DC, May 18, 2021. Sec. 1014. Amendment or repeal of reporting Hon. NANCY PELOSI, requirements. TITLE IV—A DIVERSE WORKFORCE: RE- Speaker, House of Representatives, Sec. 1015. Reporting on implementation of CRUITMENT, RETENTION, AND PRO- Washington, DC. GAO recommendations. MOTION Sec. 1016. Office of Global Criminal Justice. DEAR MADAM SPEAKER: Pursuant to the Sec. 1401. Definitions. permission granted in Clause 2(h) of Rule II TITLE II—EMBASSY CONSTRUCTION Sec. 1402. Collection, analysis, and dissemi- of the Rules of the U.S. House of Representa- Sec. 1201. Embassy security, construction, nation of workforce data. tives, the Clerk received the following mes- and maintenance. Sec. 1403. Exit interviews for workforce.

VerDate Sep 11 2014 06:06 May 19, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0655 E:\CR\FM\K18MY7.014 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2433 Sec. 1404. Recruitment and retention. such statement has been submitted prior to (1) in subparagraph (A), by adding at the Sec. 1405. Promoting diversity and inclusion the vote on passage. end the following new sentence: ‘‘All special in the national security work- TITLE I—ORGANIZATION AND OPER- envoys, ambassadors, and coordinators lo- force. ATIONS OF THE DEPARTMENT OF STATE cated within the Bureau of Democracy, Sec. 1406. Leadership engagement and ac- SEC. 1001. DIPLOMATIC PROGRAMS. Human Rights, and Labor shall report di- countability. For ‘‘Diplomatic Programs’’, there is au- rectly to the Assistant Secretary unless oth- Sec. 1407. Professional development opportu- thorized to be appropriated $9,170,013,000 for erwise provided by law.’’; nities and tools. fiscal year 2022. (2) in subparagraph (B)(ii)— (A) by striking ‘‘section’’ and inserting Sec. 1408. Examination and oral assessment SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE for the Foreign Service. OF DEPARTMENT OF STATE’S WORK. ‘‘sections 116 and’’; and Sec. 1409. Payne fellowship authorization. It is the sense of Congress that— (B) by inserting before the period at the Sec. 1410. Voluntary participation. (1) United States global engagement is key end the following: ‘‘(commonly referred to as TITLE V—INFORMATION SECURITY to a stable and prosperous world; the annual ‘Country Reports on Human Rights Practices’)’’; and Sec. 1501. Definitions. (2) United States leadership is indispen- sable in light of the many complex and inter- (3) by adding at the end the following new Sec. 1502. List of certain telecommuni- subparagraphs: cations providers. connected threats facing the United States and the world; ‘‘(C) AUTHORITIES.—In addition to the du- Sec. 1503. Preserving records of electronic ties, functions, and responsibilities specified communications conducted re- (3) diplomacy and development are critical tools of national power, and full deployment in this paragraph, the Assistant Secretary of lated to official duties of posi- State for Democracy, Human Rights, and tions in the public trust of the of these tools is vital to United States national security; Labor is authorized to— American people. ‘‘(i) promote democracy and actively sup- Sec. 1504. Foreign Relations of the United (4) challenges such as the global refugee and migration crises, terrorism, historic port human rights throughout the world; States (FRUS) series and de- ‘‘(ii) promote the rule of law and good gov- classification. famine and food insecurity, and fragile or repressive societies cannot be addressed with- ernance throughout the world; Sec. 1505. Vulnerability Disclosure Policy ‘‘(iii) strengthen, empower, and protect and Bug Bounty Pilot Program. out sustained and robust United States diplomatic and development leadership; civil society representatives, programs, and TITLE VI—PUBLIC DIPLOMACY (5) the United States Government must use organizations, and facilitate their ability to Sec. 1601. Short title. all of the instruments of national security engage in dialogue with governments and Sec. 1602. Avoiding duplication of programs and foreign policy at its disposal to protect other civil society entities; and efforts. United States citizens, promote United ‘‘(iv) work with regional bureaus to ensure Sec. 1603. Improving research and evaluation States interests and values, and support adequate personnel at diplomatic posts are of public diplomacy. global stability and prosperity; assigned responsibilities relating to advanc- Sec. 1604. Permanent reauthorization of the (6) United States security and prosperity ing democracy, human rights, labor rights, United States Advisory Com- depend on having partners and allies that women’s equal participation in society, and mission on Public Diplomacy. share our interests and values, and these the rule of law, with particular attention Sec. 1605. Streamlining of support functions. partnerships are nurtured and our shared in- paid to adequate oversight and engagement Sec. 1606. Guidance for closure of public di- terests and values are promoted through on such issues by senior officials at such plomacy facilities. United States diplomatic engagement, secu- posts; Sec. 1607. Definitions. rity cooperation, economic statecraft, and ‘‘(v) review and, as appropriate, make rec- assistance that helps further economic de- ommendations to the Secretary of State re- TITLE VII—COMBATING PUBLIC garding the proposed transfer of— CORRUPTION velopment, good governance, including the rule of law and democratic institutions, and ‘‘(I) defense articles and defense services Sec. 1701. Sense of congress. the development of shared responses to nat- authorized under the Foreign Assistance Act Sec. 1702. Annual assessment. ural and humanitarian disasters; of 1961 (22 U.S.C. 2151 et seq.) or the Arms Ex- Sec. 1703. Transparency and accountability. (7) as the United States Government agen- port Control Act (22 U.S.C. 2751 et seq.); and Sec. 1704. Designation of embassy anti-cor- cies primarily charged with conducting di- ‘‘(II) military items listed on the ‘600 se- ruption points of contact. plomacy and development, the Department ries’ of the Commerce Control List contained TITLE VIII—OTHER MATTERS and the United States Agency for Inter- in Supplement No. 1 to part 774 of subtitle B Sec. 1801. Case-Zablocki Act Reform. national Development (USAID) require sus- of title 15, Code of Federal Regulations; Sec. 1802. Limitation on assistance to coun- tained and robust funding to carry out this ‘‘(vi) coordinate programs and activities tries in default. important work, which is essential to our that protect and advance the exercise of Sec. 1803. Sean and David Goldman Child ability to project United States leadership human rights and internet freedom in cyber- Abduction Prevention and Re- and values and to advance United States in- space; and turn Act of 2014 amendment. terests around the world; ‘‘(vii) implement other relevant policies Sec. 1804. Modification of authorities of (8) the work of the Department and USAID and provisions of law. Commission for the Preserva- makes the United States and the world safer ‘‘(D) LOCAL OVERSIGHT.—United States mis- tion of America’s Heritage and more prosperous by alleviating global sions, when executing DRL programming, to Abroad. poverty and hunger, fighting HIV/AIDS and the extent practicable, should assist in exer- Sec. 1805. Chief of mission concurrence. other infectious diseases, strengthening alli- cising oversight authority and coordinate Sec. 1806. Report on efforts of the ances, expanding educational opportunities with the Bureau of Democracy, Human Coronavirus Repatriation Task for women and girls, promoting good govern- Rights, and Labor to ensure that funds are Force. ance and democracy, supporting anti-corrup- appropriately used and comply with anti-cor- tion efforts, driving economic development ruption practices.’’. SEC. 2. DEFINITIONS. and trade, preventing armed conflicts and SEC. 1004. ASSISTANT SECRETARY FOR INTER- In this Act: humanitarian crises, and creating American NATIONAL NARCOTICS AND LAW EN- (1) APPROPRIATE CONGRESSIONAL COMMIT- jobs and export opportunities; FORCEMENT AFFAIRS. TEES.—The term ‘‘appropriate congressional (9) the Department and USAID are vital (a) IN GENERAL.—Section 1(c) of the State committees’’ means the Committee on For- national security agencies, whose work is Department Basic Authorities Act of 1956 (22 eign Affairs of the House of Representatives critical to the projection of United States U.S.C. 2651a(c)) is amended— and the Committee on Foreign Relations of power and leadership worldwide, and without (1) by redesignating paragraphs (3) and (4) the Senate. which Americans would be less safe, United as paragraphs (4) and (5), respectively; and (2) DEPARTMENT.—If not otherwise speci- States economic power would be diminished, (2) by inserting after paragraph (2) the fol- fied, the term ‘‘Department’’ means the De- and global stability and prosperity would lowing new paragraph: partment of State. suffer; ‘‘(3) ASSISTANT SECRETARY FOR INTER- (3) SECRETARY.—If not otherwise specified, (10) investing in diplomacy and develop- NATIONAL NARCOTICS AND LAW ENFORCEMENT the term ‘‘Secretary’’ means the Secretary ment before conflicts break out saves Amer- AFFAIRS.— of State. ican lives while also being cost-effective; and ‘‘(A) IN GENERAL.—There is authorized to SEC. 3. DETERMINATION OF BUDGETARY EF- (11) the contributions of personnel working be in the Department of State an Assistant FECTS. at the Department and USAID are extraor- Secretary for International Narcotics and The budgetary effects of this Act, for the dinarily valuable and allow the United Law Enforcement Affairs, who shall be repurpose of complying with the Statutory States to maintain its leadership around the sponsible to the Secretary of State for all Pay-As-You-Go Act of 2010, shall be deter- world. matters, programs, and related activities mined by reference to the latest statement SEC. 1003. BUREAU OF DEMOCRACY, HUMAN pertaining to international narcotics, anti- titled ‘‘Budgetary Effects of PAYGO Legisla- RIGHTS, AND LABOR. crime, and law enforcement affairs in the tion’’ for this Act, submitted for printing in Paragraph (2) of section 1(c) of the State conduct of foreign policy by the Department, the Congressional Record by the Chairman of Department Basic Authorities Act of 1956 (22 including, as appropriate, leading the coordi- the House Budget Committee, provided that U.S.C. 2651a) is amended— nation of programs carried out by United

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States Government agencies abroad, and ‘‘(v) carry out such other relevant duties (c) SUPERVISION.—The Office may be head- such other related duties as the Secretary as the Secretary may assign. ed by— may from time to time designate. ‘‘(D) RULE OF CONSTRUCTION.—Nothing in (1) a senior advisor to the appropriate As- ‘‘(B) AREAS OF RESPONSIBILITY.—The As- this paragraph may be construed to limit or sistant Secretary of State; or sistant Secretary for International Narcotics impair the authority or responsibility of any (2) an officer exercising significant author- and Law Enforcement Affairs shall maintain other Federal agency with respect to law en- ity who reports to the President or Sec- continuous observation and coordination of forcement, domestic security operations, or retary of State, appointed by and with the all matters pertaining to international nar- intelligence activities as defined in Execu- advice and consent of the Senate. cotics, anti-crime, and law enforcement af- tive Order 12333.’’. (d) CONSULTATION.—The Secretary of State fairs in the conduct of foreign policy, includ- (b) MODIFICATION OF ANNUAL INTER- should direct Ambassadors at Large, Rep- ing programs carried out by other United NATIONAL NARCOTICS CONTROL STRATEGY RE- resentatives, Special Envoys, and coordina- States Government agencies when such pro- PORT.—Subsection (a) of section 489 of the tors working on human rights to consult grams pertain to the following matters: Foreign Assistance Act of 1961 (22 U.S.C. with the Office to promote the human rights ‘‘(i) Combating international narcotics 2291h) is amended by inserting after para- and full participation in international devel- production and trafficking. graph (9) the following new paragraph: opment activities of all persons with disabil- ‘‘(ii) Strengthening foreign justice sys- ‘‘(10) A separate section that contains an ities. tems, including judicial and prosecutorial identification of all United States Govern- SEC. 1007. ANTI-PIRACY INFORMATION SHARING. capacity, appeals systems, law enforcement ment-supported units funded by the Bureau The Secretary is authorized to provide for agencies, prison systems, and the sharing of of International Narcotics and Law Enforce- the participation by the United States in the recovered assets. ment Affairs and any Bureau-funded oper- Information Sharing Centre located in ‘‘(iii) Training and equipping foreign po- ations by such units in which United States Singapore, as established by the Regional lice, border control, other government offi- law enforcement personnel have been phys- Cooperation Agreement on Combating Pi- cials, and other civilian law enforcement au- ically present.’’. racy and Armed Robbery against Ships in thorities for anti-crime purposes, including SEC. 1005. BUREAU OF CONSULAR AFFAIRS; BU- Asia (ReCAAP). ensuring that no foreign security unit or REAU OF POPULATION, REFUGEES, member of such unit shall receive such as- AND MIGRATION. SEC. 1008. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY. sistance from the United States Government Section 1 of the State Department Basic absent appropriate vetting. Authorities Act of 1956 (22 U.S.C. 2651a) is (a) SENSE OF CONGRESS.—It is the sense of ‘‘(iv) Ensuring the inclusion of human amended— Congress that— rights and women’s participation issues in (1) by redesignating subsection (g) and (h) (1) the Department is a crucial national se- law enforcement programs, in consultation as subsections (i) and (j), respectively; and curity agency, whose employees, both For- with the Assistant Secretary for Democracy, (2) by inserting after subsection (f) the fol- eign and Civil Service, require the best pos- Human Rights, and Labor, and other senior lowing new subsections: sible training at every stage of their careers officials in regional and thematic bureaus ‘‘(g) BUREAU OF CONSULAR AFFAIRS.—There to prepare them to promote and defend and offices. is in the Department of State the Bureau of United States national interests and the ‘‘(v) Combating, in conjunction with other Consular Affairs, which shall be headed by health and safety of United States citizens relevant bureaus of the Department of State the Assistant Secretary of State for Con- abroad; and other United States Government agen- sular Affairs. (2) the Department of State’s investment cies, all forms of transnational organized ‘‘(h) BUREAU OF POPULATION, REFUGEES, of time and resources with respect to the crime, including human trafficking, illicit AND MIGRATION.—There is in the Department training and education of its personnel is trafficking in arms, wildlife, and cultural of State the Bureau of Population, Refugees, considerably below the level of other Federal property, migrant smuggling, corruption, and Migration, which shall be headed by the departments and agencies in the national se- money laundering, the illicit smuggling of Assistant Secretary of State for Population, curity field, and falls well below the invest- bulk cash, the licit use of financial systems Refugees, and Migration.’’. ments many allied and adversarial countries for malign purposes, and other new and SEC. 1006. OFFICE OF INTERNATIONAL DIS- make in the development of their diplomats; emerging forms of crime. ABILITY RIGHTS. (3) the Department faces increasingly com- ‘‘(vi) Identifying and responding to global (a) ESTABLISHMENT.—There should be es- plex and rapidly evolving challenges, many corruption, including strengthening the ca- tablished in the Department of State an Of- of which are science and technology-driven, pacity of foreign government institutions re- fice of International Disability Rights (re- and which demand the continual, high-qual- sponsible for addressing financial crimes and ferred to in this section as the ‘‘Office’’). ity training and education of its personnel; engaging with multilateral organizations re- (b) DUTIES.—The Office should— (4) the Department must move beyond reli- sponsible for monitoring and supporting for- (1) seek to ensure that all United States ance on ‘‘on-the-job training’’ and other in- eign governments’ anti-corruption efforts. foreign operations are accessible to, and informal mentorship practices, which lead to ‘‘(C) ADDITIONAL DUTIES.—In addition to clusive of, persons with disabilities; an inequality in skillset development and ca- the responsibilities specified in subparagraph (2) promote the human rights and full par- reer advancement opportunities, often par- (B), the Assistant Secretary for Inter- ticipation in international development ac- ticularly for minority personnel, and to- national Narcotics and Law Enforcement Af- tivities of all persons with disabilities; wards a robust professional tradecraft train- fairs shall also— (3) promote disability inclusive practices ing continuum that will provide for greater ‘‘(i) carry out timely and substantive con- and the training of Department of State staff equality in career advancement and increase sultation with chiefs of mission and, as ap- on soliciting quality programs that are fully minority participation in the senior ranks; propriate, the heads of other United States inclusive of people with disabilities; (5) the Department’s Foreign Service Insti- Government agencies to ensure effective co- (4) represent the United States in diplo- tute and other training facilities should seek ordination of all international narcotics and matic and multilateral fora on matters rel- to substantially increase its educational and law enforcement programs carried out over- evant to the rights of persons with disabil- training offerings to Department personnel, seas by the Department and such other agen- ities, and work to raise the profile of dis- including developing new and innovative cies; ability across a broader range of organiza- educational and training courses, methods, ‘‘(ii) coordinate with the Office of National tions contributing to international develop- programs, and opportunities; and Drug Control Policy to ensure lessons ment efforts; (6) consistent with existing Department learned from other United States Govern- (5) conduct regular consultation with civil gift acceptance authority and other applica- ment agencies are available to the Bureau of society organizations working to advance ble laws, the Department and Foreign Serv- International Narcotics and Law Enforce- international disability rights and empower ice Institute may accept funds and other re- ment Affairs of the Department; persons with disabilities internationally; sources from foundations, not-for-profit cor- ‘‘(iii) develop standard requirements for (6) consult with other relevant offices at porations, and other appropriate sources to monitoring and evaluation of Bureau pro- the Department that are responsible for help the Department and the Institute en- grams, including metrics for success that do drafting annual reports documenting hance the quantity and quality of training not rely solely on the amounts of illegal progress on human rights, including, wher- offerings, especially in the introduction of drugs that are produced or seized; ever applicable, references to instances of new, innovative, and pilot model courses. ‘‘(iv) in coordination with the Secretary of discrimination, prejudice, or abuses of per- (b) TRAINING FLOAT.—Not later than 90 State, annually certify in writing to the sons with disabilities; days after the date of the enactment of this Committee on Foreign Affairs of the House (7) advise the Bureau of Human Resources Act, the Secretary of State shall develop and of Representatives and the Committee on or its equivalent within the Department re- submit to the appropriate congressional Foreign Relations of the Senate that United garding the hiring and recruitment and over- committees a strategy to establish a ‘‘train- States law enforcement personnel posted seas practices of civil service employees and ing float’’ to allow for up to 15 percent of the abroad whose activities are funded to any ex- Foreign Service officers with disabilities and Civil and Foreign Service to participate in tent by the Bureau of International Nar- their family members with chronic medical long-term training at any given time. The cotics and Law Enforcement Affairs are com- conditions or disabilities; and strategy should identify steps necessary to plying with section 207 of the Foreign Serv- (8) carry out such other relevant duties as ensure implementation of the training prior- ice Act of 1980 (22 U.S.C. 3927); and the Secretary of State may assign. ities identified in subsection (c), sufficient

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Service officers, and any additional re- ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC- ‘‘(2) RECOVERY OF COSTS.—The Secretary of sources or authorities necessary to facilitate RETARY.—Subject to the numerical limita- State is authorized to recover any revenues such a training float, including programs at tion specified in paragraph (1), there is au- generated under the authority of paragraph the George P. Schultz National Foreign Af- thorized to be established in the Department (1) for visitor and outreach services and re- fairs Training Center, the Foreign Service of State an Assistant Secretary of State for lated events referred to in such paragraph, Institute, the Foreign Affairs Security Energy Resources. including fees for use of facilities at the Na- Training Center, and other facilities or pro- ‘‘(B) PERSONNEL.—If the Department estab- tional Museum for American Diplomacy. grams operated by the Department of State. lishes an Assistant Secretary of State for Any such revenues may be retained as a re- The strategy shall identify which types of Energy Resources in accordance with the au- covery of the costs of operating the museum. training would be prioritized, the extent (if thorization provided in subparagraph (A), ‘‘(b) DISPOSITION OF NATIONAL MUSEUM OF any) to which such training is already being the Secretary of State shall ensure there are AMERICAN DIPLOMACY DOCUMENTS, ARTI- provided to Civil and Foreign Service offi- sufficient personnel dedicated to energy FACTS, AND OTHER ARTICLES.— cers by the Department of State, any factors matters within the Department of State ‘‘(1) PROPERTY.—All historic documents, incentivizing or disincentivizing such train- whose responsibilities shall include— artifacts, or other articles permanently ac- ing, and why such training cannot be ‘‘(i) formulating and implementing inter- quired by the Department of State and deter- achieved without Civil and Foreign Service national policies aimed at protecting and ad- mined by the Secretary of State to be suit- officers leaving the workforce. In addition to vancing United States energy security inter- able for display by the National Museum of training opportunities provided by the De- ests by effectively managing United States American Diplomacy shall be considered to partment, the strategy shall consider train- bilateral and multilateral relations; be the property of the United States Govern- ing that could be provided by the other ‘‘(ii) ensuring that analyses of the national ment and shall be subject to disposition sole- United States Government training institu- security implications of global energy and ly in accordance with this subsection. tions, as well as non-governmental edu- environmental developments are reflected in ‘‘(2) SALE, TRADE, OR TRANSFER.—Whenever the Secretary of State makes the determina- cational institutions. The strategy shall con- the decision making process within the De- tion described in paragraph (3) with respect sider approaches to overcome disincentives partment; to a document, artifact, or other article to pursuing long-term training. ‘‘(iii) incorporating energy security prior- under paragraph (1), the Secretary may sell (c) PRIORITIZATION.—In order to provide the ities into the activities of the Department; at fair market value, trade, or transfer such Civil and Foreign Service with the level of ‘‘(iv) coordinating energy activities of the document, artifact, or other article without education and training needed to effectively Department with relevant Federal depart- regard to the requirements of subtitle I of advance United States interests across the ments and agencies; title 40, United States Code. The proceeds of globe, the Department of State should— ‘‘(v) coordinating with the Office of Sanc- any such sale may be used solely for the ad- tions Coordination on economic sanctions (1) increase its offerings— vancement of the mission of the National pertaining to the international energy sec- (A) of virtual instruction to make training Museum of American Diplomacy and may more accessible to personnel deployed tor; and not be used for any purpose other than the throughout the world; or ‘‘(vi) working internationally to— acquisition and direct care of the collections (B) at partner organizations to provide use- ‘‘(I) support the development of energy re- of the museum. sources and the distribution of such re- ful outside perspectives to Department per- ‘‘(3) DETERMINATIONS PRIOR TO SALE, TRADE, sources for the benefit of the United States sonnel; OR TRANSFER.—The determination described (2) offer courses utilizing computer-based and United States allies and trading partners in this paragraph with respect to a docu- or assisted simulations, allowing civilian of- for their energy security and economic de- ment, artifact, or other article under para- ficers to lead decision-making in a crisis en- velopment needs; graph (1), is a determination that— vironment; and ‘‘(II) promote availability of diversified en- ‘‘(A) such document, artifact, or other arti- (3) consider increasing the duration and ex- ergy supplies and a well-functioning global cle no longer serves to further the purposes panding the focus of certain training market for energy resources, technologies, of the National Museum of American Diplo- courses, including— and expertise for the benefit of the United macy as set forth in the collections manage- (A) the A-100 orientation course for For- States and United States allies and trading ment policy of the museum; eign Service officers, and partners; ‘‘(B) the sale, trade, or transfer of such (B) the chief of mission course to more ac- ‘‘(III) resolve international disputes re- document, artifact, or other article would curately reflect the significant responsibil- garding the exploration, development, pro- serve to maintain the standards of the col- ities accompanying such role. duction, or distribution of energy resources; lection of the museum; or (d) OTHER AGENCY RESPONSIBILITIES.— ‘‘(IV) support the economic and commer- ‘‘(C) sale, trade, or transfer of such docu- Other national security agencies should in- cial interests of United States persons oper- ment, artifact, or other article would be in crease the enrollment of their personnel in ating in the energy markets of foreign coun- the best interests of the United States. courses at the Foreign Service Institute and tries; ‘‘(4) LOANS.—In addition to the authoriza- other Department of State training facilities ‘‘(V) support and coordinate international tion under paragraph (2) relating to the sale, to promote a whole-of-government approach efforts to alleviate energy poverty; trade, or transfer of documents, artifacts, or to mitigating national security challenges. ‘‘(VI) leading the United States commit- other articles under paragraph (1), the Sec- SEC. 1009. CLASSIFICATION AND ASSIGNMENT OF ment to the Extractive Industries Trans- retary of State may loan such documents, FOREIGN SERVICE OFFICERS. parency Initiative; and artifacts, or other articles, when not needed The Foreign Service Act of 1980 is amend- ‘‘(VII) coordinating energy security and for use or display by the National Museum of ed— other relevant functions within the Depart- American Diplomacy to the Smithsonian In- (1) in section 501 (22 U.S.C. 3981), by insert- ment currently undertaken by— stitution or a similar institution for repair, ing ‘‘If a position designated under this sec- ‘‘(aa) the Bureau of Economic and Business study, or exhibition.’’. tion is unfilled for more than 365 calendar Affairs; SEC. 1012. EXTENSION OF PERIOD FOR REIM- days, such position may be filled, as appro- ‘‘(bb) the Bureau of Oceans and Inter- BURSEMENT OF FISHERMEN FOR priate, on a temporary basis, in accordance national Environmental and Scientific Af- COSTS INCURRED FROM THE ILLE- with section 309.’’ after ‘‘Positions des- fairs; and GAL SEIZURE AND DETENTION OF U.S.-FLAG FISHING VESSELS BY FOR- ignated under this section are excepted from ‘‘(cc) other offices within the Department of State.’’. EIGN GOVERNMENTS. the competitive service.’’; and (a) IN GENERAL.—Subsection (e) of section (2) in paragraph (2) of section 502(a) (22 SEC. 1011. NATIONAL MUSEUM OF AMERICAN DI- 7 of the Fishermen’s Protective Act of 1967 PLOMACY. U.S.C. 3982(a)), by inserting ‘‘, or domesti- (22 U.S.C. 1977) is amended to read as follows: cally, in a position working on issues relat- Title I of the State Department Basic Au- ‘‘(e) AMOUNTS.—Payments may be made ing to a particular country or geographic thorities Act of 1956 is amended by adding under this section only to such extent and in area,’’ after ‘‘geographic area’’. after section 63 (22 U.S.C. 2735) the following such amounts as are provided in advance in SEC. 1010. ENERGY DIPLOMACY AND SECURITY new section: appropriation Acts.’’. WITHIN THE DEPARTMENT OF ‘‘SEC. 64. NATIONAL MUSEUM OF AMERICAN DI- (b) RETROACTIVE APPLICABILITY.— STATE. PLOMACY. (1) EFFECTIVE DATE.—The amendment Section 1(c) of the State Department Basic ‘‘(a) ACTIVITIES.— made by subsection (a) shall take effect on Authorities Act of 1956 (22 U.S.C. 2651a), as ‘‘(1) SUPPORT AUTHORIZED.—The Secretary the date of the enactment of this Act and amended by section 1004 of this Act, is fur- of State is authorized to provide, by con- apply as if the date specified in subsection ther amended— tract, grant, or otherwise, for the perform- (e) of section 7 of the Fishermen’s Protective (1) by redesignating paragraphs (4) and (5) ance of appropriate museum visitor and edu- Act of 1967, as in effect on the day before the (as redesignated pursuant to such section cational outreach services and related date of the enactment of this Act, were the 1004) as paragraphs (5) and (6); and events, including organizing programs and day after such date of enactment.

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(2) AGREEMENTS AND PAYMENTS.—The Sec- (b) REPEALS.—The following provisions of ment, and prosecute atrocities around the retary of State is authorized to— law are hereby repealed: world. (A) enter into agreements pursuant to sec- (1) Subsection (b) of section 804 of Public (5) Coordinate, as appropriate and with tion 7 of the Fishermen’s Protective Act of Law 101–246. other relevant Federal departments and 1967 for any claims to which such section (2) Section 6 of Public Law 104–45. agencies, the deployment of diplomatic, would otherwise apply but for the date speci- (3) Subsection (c) of section 702 of Public legal, economic, military, and other tools to fied in subsection (e) of such section, as in ef- Law 96–465 (22 U.S.C. 4022). help collect evidence of atrocities, judge fect on the day before the date of the enact- (4) Section 404 of the Arms Control and those responsible, protect and assist victims, ment of this Act; and Disarmament Act (22 U.S.C. 2593b). enable reconciliation, prevent and deter (B) make payments in accordance with (5) Section 5 of Public Law 94–304 (22 U.S.C. atrocities, and promote the rule of law. agreements entered into pursuant to such 3005). (6) Provide advice and expertise on transi- section if any such payments have not been (6) Subsection (b) of section 502 of the tional justice mechanisms to United States made as a result of the expiration of the date International Security and Development Co- personnel operating in conflict and post-con- specified in such section, as in effect on the operation Act of 1985 (22 U.S.C. 2349aa–7). flict environments. day before the date of the enactment of this (c) TECHNICAL AND CONFORMING AMEND- (7) Act as a point of contact for inter- Act. MENT.—Section 502 of the International Se- national, hybrid, and domestic tribunals ex- SEC. 1013. ART IN EMBASSIES. curity and Development Cooperation Act of ercising jurisdiction over atrocities com- (a) IN GENERAL.—No funds are authorized 1985 (22 U.S.C. 2349aa–7) is amended by redes- mitted around the world. to be appropriated for the purchase of any ignating subsection (c) as subsection (b). (8) Represent the Department on any inter- piece of art for the purposes of installation SEC. 1015. REPORTING ON IMPLEMENTATION OF agency whole-of-government coordinating or display in any embassy, consulate, or GAO RECOMMENDATIONS. entities addressing genocide and other atroc- other foreign mission of the United States if (a) INITIAL REPORT.—Not later than 120 ities. the purchase price of such piece of art is in days after the date of the enactment of this (9) Perform any additional duties and exer- excess of $25,000, unless such purchase is sub- Act, the Secretary shall submit to the appro- cise such powers as the Secretary of State ject to prior consultation with, and the reg- priate congressional committees a report may prescribe. ular notification procedures of, the appro- that lists all of the Government Account- (c) SUPERVISION.—If established, the Office priate congressional committees. ability Office’s recommendations relating to shall be led by an Ambassador-at-Large for (b) REPORT.—Not later than 90 days after the Department that have not been fully im- Global Criminal Justice who is nominated by the date of the enactment of this Act, the plemented. the President and appointed by and with the Secretary of State shall submit to the appro- (b) IMPLEMENTATION REPORT.— advice and consent of the Senate. priate congressional committees a report on (1) IN GENERAL.—Not later than 120 days TITLE II—EMBASSY CONSTRUCTION the costs of the Art in Embassies Program after the date of the submission of the report SEC. 1201. EMBASSY SECURITY, CONSTRUCTION, for fiscal years 2012 through 2020. required under subsection (a), the Secretary AND MAINTENANCE. (c) SUNSET.—This section shall terminate shall submit to the appropriate congres- For ‘‘Embassy Security, Construction, and on the date that is two years after the date sional committees a report that describes Maintenance’’, there is authorized to be ap- of the enactment of this Act. propriated $1,950,449,000 for fiscal year 2022. (d) DEFINITION.—In this section, the term the implementation status of each rec- ‘‘art’’ includes paintings, sculptures, photo- ommendation from the Government Ac- SEC. 1202. STANDARD DESIGN IN CAPITAL CON- STRUCTION. graphs, industrial design, and craft art. countability Office included in such report. (2) JUSTIFICATION.—The report under para- (a) SENSE OF CONGRESS.—It is the sense of SEC. 1014. AMENDMENT OR REPEAL OF REPORT- graph (1) shall include— Congress that the Department’s Bureau of ING REQUIREMENTS. Overseas Building Operations (OBO) or suc- (a) BURMA.— (A) a detailed justification for each decision not to fully implement a recommenda- cessor office should give appropriate consid- (1) IN GENERAL.—Section 570 of Public Law eration to standardization in construction, 104–208 is amended— tion or to implement a recommendation in a different manner than specified by the Gov- in which each new United States embassy (A) by amending subsection (c) to read as and consulate starts with a standard design follows: ernment Accountability Office; (B) a timeline for the full implementation and keeps customization to a minimum. ‘‘(c) MULTILATERAL STRATEGY.—The Presi- (b) CONSULTATION.—The Secretary of State of any recommendation the Secretary has dent shall develop, in coordination with like- shall carry out any new United States em- decided to adopt, but has not yet fully imple- minded countries, a comprehensive, multi- bassy compound or new consulate compound mented; and lateral strategy to— project that utilizes a non-standard design, ‘‘(1) assist Burma in addressing corrosive (C) an explanation for any discrepancies including those projects that are in the de- malign influence of the People’s Republic of included in the Comptroller General report sign or pre-design phase as of the date of the China; and submitted under subsection (b). enactment of this Act, only in consultation ‘‘(2) support democratic, constitutional, (c) FORM.—The information required in with the appropriate congressional commit- economic, and security sector reforms in each report under this section shall be sub- tees. The Secretary shall provide the appro- Burma designed to— mitted in unclassified form, to the maximum priate congressional committees, for each ‘‘(A) advance democratic development and extent practicable, but may be included in a such project, the following documentation: improve human rights practices and the classified annex to the extent necessary. (1) A comparison of the estimated full quality of life; and SEC. 1016. OFFICE OF GLOBAL CRIMINAL JUS- lifecycle costs of the project to the esti- ‘‘(B) promote genuine national reconcili- TICE. mated full lifecycle costs of such project if it ation.’’; and (a) IN GENERAL.—There should be estab- were to use a standard design. (B) in subsection (d)— lished within the Department of State an Of- (2) A comparison of the estimated comple- (i) in the matter preceding paragraph (1), fice of Global Criminal Justice (referred to tion date of such project to the estimated by striking ‘‘six months’’ and inserting in this section as the ‘‘Office’’), which may completion date of such project if it were to ‘‘year’’; be placed within the organizational struc- use a standard design. (ii) by redesignating paragraph (3) as para- ture of the Department at the discretion of (3) A comparison of the security of the graph (7); and the Secretary. completed project to the security of such (iii) by inserting after paragraph (2) the (b) DUTIES.—The Office should carry out completed project if it were to use a stand- following new paragraphs: the following: ard design. ‘‘(3) improvements in human rights prac- (1) Advise the Secretary of State and other (4) A justification for the Secretary’s selec- tices; relevant senior officials on issues related to tion of a non-standard design over a standard ‘‘(4) progress toward broad-based and inclu- atrocities, including war crimes, crimes design for such project. sive economic growth; against humanity, and genocide. (5) A written explanation if any of the doc- ‘‘(5) progress toward genuine national rec- (2) Assist in formulating United States pol- umentation necessary to support the com- onciliation; icy on the prevention of, responses to, and parisons and justification, as the case may ‘‘(6) progress on improving the quality of accountability for atrocities. be, described in paragraphs (1) through (4) life of the Burmese people, including (3) Coordinate, as appropriate and with cannot be provided. progress relating to market reforms, living other relevant Federal departments and (c) SUNSET.—The consultation requirement standards, labor standards, use of forced agencies, United States Government posi- under subsection (b) shall expire on the date labor in the tourism industry, and environ- tions relating to the international and hy- that is 4 years after the date of the enact- mental quality; and’’. brid courts currently prosecuting persons ment of this Act. (2) EFFECTIVE DATE.—The amendments suspected of atrocities around the world. SEC. 1203. CAPITAL CONSTRUCTION TRANS- made by paragraph (1) shall take effect on (4) Work with other governments, inter- PARENCY. the date of the enactment of this Act and national organizations, and nongovern- (a) IN GENERAL.—Section 118 of the Depart- apply with respect to the first report re- mental organizations, as appropriate, to es- ment of State Authorities Act, Fiscal Year quired under subsection (d) of section 570 of tablish and assist international and domestic 2017 (22 U.S.C. 304) is amended— Public Law 104–208 that is required after the commissions of inquiry, fact-finding mis- (1) in the section heading, by striking ‘‘AN- date of the enactment of this Act. sions, and tribunals to investigate, docu- NUAL REPORT ON EMBASSY CONSTRUCTION

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COSTS’’ and inserting ‘‘BIANNUAL REPORT ON (C) Evaluations that would be particularly security factors under the Secure Embassy OVERSEAS CAPITAL CONSTRUCTION PROJECTS’’; informative for the awarding of government Construction and Counterterrorism Act of and contracts should have priority. 1999 and other relevant statutes and regula- (2) by striking subsections (a) and (b) and (c) BRIEFING.—Not later than 90 days after tions, as well as occupational safety and inserting the following new subsections: the date of the enactment of this Act, the health factors pursuant to the Occupational ‘‘(a) IN GENERAL.—Not later than 180 days Secretary of State shall brief the appro- Safety and Health Act of 1970 and other rel- after the date of the enactment of this sub- priate congressional committees on the De- evant statutes and regulations, including en- section and every 180 days thereafter until partment’s plan for completing all evalua- vironmental factors such as indoor air qual- the date that is four years after such date of tions by April 1, 2022, in accordance with sub- ity that impact employee health and safety. enactment, the Secretary of State shall subsection (a) and the prioritization system de- (2) INITIAL REPORT.—The first plan devel- mit to the appropriate congressional com- veloped pursuant to subsection (b). oped pursuant to paragraph (1)(A) shall also mittees a comprehensive report regarding all (d) SENSE OF CONGRESS.—It is the sense of include a one-time status report on existing ongoing overseas capital construction Congress that— small diplomatic posts and a strategy for es- projects and major embassy security upgrade (1) contractors deciding whether to bid on tablishing a physical diplomatic presence in projects. Department contracts would benefit from countries in which there is no current phys- ‘‘(b) CONTENTS.—Each report required greater understanding of the Department as ical diplomatic presence and with which the under subsection (a) shall include the fol- a client; and United States maintains diplomatic rela- lowing with respect to each ongoing overseas (2) the Department should develop a forum tions. Such report, which may include a clas- capital construction project and major em- where contractors can comment on the De- sified annex, shall include the following: bassy security upgrade project: partment’s project management perform- (A) A description of the extent to which ‘‘(1) The initial cost estimate as specified ance. each small diplomatic post furthers the na- in the proposed allocation of capital con- SEC. 1205. GROWTH PROJECTIONS FOR NEW EM- tional interest of the United States. struction and maintenance funds required by BASSIES AND CONSULATES. (B) A description of how each small diplo- the Committees on Appropriations for Acts (a) IN GENERAL.—For each new United matic post provides American Citizen Serv- making appropriations for the Department States embassy compound (NEC) and new ices, including data on specific services proof State, foreign operations, and related pro- consulate compound project (NCC) in or not vided and the number of Americans receiving grams. yet in the design phase as of the date of the services over the previous year. ‘‘(2) The current cost estimate. enactment of this Act, the Department of (C) A description of whether each small ‘‘(3) The value of each request for equitable State shall project growth over the esti- diplomatic post meets current security readjustment received by the Department to mated life of the facility using all available quirements. date. and relevant data, including the following: (D) A description of the full financial cost ‘‘(4) The value of each certified claim re- (1) Relevant historical trends for Depart- of maintaining each small diplomatic post. ceived by the Department to date. ment personnel and personnel from other (E) Input from the relevant chiefs of mis- ‘‘(5) The value of any usage of the project’s agencies represented at the NEC or NCC that sion on any unique operational or policy contingency fund to date and the value of is to be constructed. value the small diplomatic post provides. the remainder of the project’s contingency (2) An analysis of the tradeoffs between (F) A recommendation of whether any fund. risk and the needs of United States Govern- small diplomatic posts should be closed. ‘‘(6) An enumerated list of each request for ment policy conducted as part of the most (3) UPDATED INFORMATION.—The annual up- adjustment and certified claim that remains recent Vital Presence Validation Process, if dates of each of the plans developed pursuant outstanding or unresolved. applicable. to paragraph (1) shall highlight any changes ‘‘(7) An enumerated list of each request for (3) Reasonable assumptions about the stra- from the previous year’s plan to the ordering equitable adjustment and certified claim tegic importance of the NEC or NCC, as the of construction and maintenance projects. that has been fully adjudicated or that the case may be, over the life of the building at (b) REPORTING REQUIREMENTS.— Department has settled, and the final dollar issue. (1) SUBMISSION OF PLANS TO CONGRESS.—Not amount of each adjudication or settlement. (4) Any other data that would be helpful in later than 60 days after the completion of ‘‘(8) The date of estimated completion projecting the future growth of NEC or NCC. each plan required under subsection (a), the specified in the proposed allocation of cap- (b) OTHER FEDERAL AGENCIES.—The head of Secretary of State shall submit the plans to ital construction and maintenance funds re- each Federal agency represented at a United the appropriate congressional committees. quired by the Committees on Appropriations States embassy or consulate shall provide to (2) REFERENCE IN BUDGET JUSTIFICATION MA- not later than 45 days after the date of the the Secretary, upon request, growth projec- TERIALS.—In the budget justification mate- enactment of an Act making appropriations tions for the personnel of each such agency rials submitted to the appropriate congres- for the Department of State, foreign oper- over the estimated life of each embassy or sional committees in support of the Depart- ations, and related programs. consulate, as the case may be. ment of State’s budget for any fiscal year (as ‘‘(9) The current date of estimated comple- (c) BASIS FOR ESTIMATES.—The Department submitted with the budget of the President tion.’’. of State shall base its growth assumption for under section 1105(a) of title 31, United (b) CLERICAL AMENDMENT.—The table of all NECs and NCCs on the estimates required States Code), the plans required under sub- contents in section 1(b) of the Department of under subsections (a) and (b). section (a) shall be referenced to justify State Authorities Act, Fiscal Year 2017 is (d) CONGRESSIONAL NOTIFICATION.—Any funding requested for building and mainte- amended by amending the item relating to congressional notification of site selection nance projects overseas. for a NEC or NCC submitted after the date of section 118 to read as follows: (3) FORM OF REPORT.—Each report required the enactment of this Act shall include the under paragraph (1) shall be submitted in un- ‘‘Sec. 118. Biannual report on overseas cap- growth assumption used pursuant to sub- ital construction projects.’’. classified form but may include a classified section (c). annex. SEC. 1204. CONTRACTOR PERFORMANCE INFOR- SEC. 1206. LONG-RANGE PLANNING PROCESS. (c) SMALL DIPLOMATIC POST DEFINED.—In MATION. (a) PLANS REQUIRED.— this section, the term ‘‘small diplomatic (a) DEADLINE FOR COMPLETION.—The Sec- (1) IN GENERAL.—Not later than 180 days retary of State shall complete all contractor after the date of the enactment of this Act post’’ means any United States embassy or performance evaluations outstanding as of and annually thereafter for the next five consulate that has employed five or fewer the date of the enactment of this Act re- years as the Secretary of State considers ap- United States Government employees or con- quired by subpart 42.15 of the Federal Acqui- propriate, the Secretary shall develop— tractors on average over the 36 months prior sition Regulation for those contractors en- (A) a comprehensive 6-year plan docu- to the date of the enactment of this Act. gaged in construction of new embassy or new menting the Department’s overseas building SEC. 1207. VALUE ENGINEERING AND RISK AS- consulate compounds by April 1, 2022. program for the replacement of overseas dip- SESSMENT. (b) PRIORITIZATION SYSTEM.— lomatic posts taking into account security (a) FINDINGS.—Congress makes the fol- (1) IN GENERAL.—Not later than 90 days factors under the Secure Embassy Construc- after the date of the enactment of this Act, tion and Counterterrorism Act of 1999 and lowing findings: the Secretary of State shall develop a other relevant statutes and regulations, as (1) Federal departments and agencies are prioritization system for clearing the cur- well as occupational safety and health fac- required to use value engineering (VE) as a rent backlog of required evaluations referred tors pursuant to the Occupational Safety management tool, where appropriate, to re- to in subsection (a). and Health Act of 1970 and other relevant duce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, (2) ELEMENTS.—The system required under statutes and regulations, including environ- paragraph (1) should prioritize the evalua- mental factors such as indoor air quality dated December 31, 2013. tions as follows: that impact employee health and safety; and (2) OBO has a Policy Directive and Stand- (A) Project completion evaluations should (B) a comprehensive 6-year plan detailing ard Operation Procedure, dated May 24, 2017, be prioritized over annual evaluations. the Department’s long-term planning for the on conducting risk management studies on (B) Evaluations for relatively large con- maintenance and sustainment of completed all international construction projects. tracts should have priority. diplomatic posts, which takes into account (b) NOTIFICATION REQUIREMENTS.—

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(1) SUBMISSION TO AUTHORIZING COMMIT- (c) PERFORMANCE EVALUATION.—Not later (B) examine the efficiency of the Foreign TEES.—Any notification that includes the al- than 180 days after the date of the enactment Service bidding system in determining for- location of capital construction and mainte- of this Act, the Secretary of State shall re- eign assignments; nance funds shall be submitted to the Com- port to the appropriate congressional com- (C) examine the factors that incentivize mittee on Foreign Relations of the Senate mittees regarding performance evaluation FSOs to bid on particular assignments, in- and the Committee on Foreign Affairs of the measures in accordance with GAO’s ‘‘Stand- cluding danger levels and hardship condi- House of Representatives. ards for Internal Control in the Federal Gov- tions; (2) REQUIREMENT TO CONFIRM COMPLETION ernment’’ that will be applicable to design (D) examine the Department’s strategy and OF VALUE ENGINEERING AND RISK ASSESSMENT and construction, lifecycle cost, and building process for incentivizing FSOs to bid on as- STUDIES.—The notifications required under maintenance programs of the Bureau of signments that are historically in lower de- paragraph (1) shall include confirmation that Overseas Building Operations of the Depart- mand, including with monetary compensa- the Department has completed the requisite ment. tion, and whether monetary compensation is VE and risk management process described SEC. 1212. COMPETITION IN EMBASSY CON- necessary for assignments in higher demand; in subsection (a), or applicable successor STRUCTION. (E) make any relevant comparisons to process. Not later than 45 days after the date of the military compensation and allowances, not- (c) REPORTING AND BRIEFING REQUIRE- enactment of this Act, the Secretary of ing which allowances are shared or based on MENTS.—The Secretary of State shall provide State shall submit to the appropriate con- the same regulations; to the appropriate congressional committees gressional committee a report detailing (F) recommend options for restructuring upon request— steps the Department of State is taking to allowances to improve the efficiency of the (1) a description of each risk management expand the embassy construction contractor assignments system and better align FSO in- study referred to in subsection (a)(2) and a base in order to increase competition and centives with the needs of the Foreign Serv- table detailing which recommendations re- maximize value. ice, including any cost savings associated lated to each such study were accepted and SEC. 1213. STATEMENT OF POLICY. with such restructuring; which were rejected; and It is the policy of the United States that (G) recommend any statutory changes nec- (2) a report or briefing detailing the ration- the Bureau of Overseas Building Operations essary to implement subparagraph (F), such ale for not implementing any such rec- of the Department or its successor office as consolidating existing legal authorities ommendations that may otherwise yield sig- shall continue to balance functionality and for the provision of hardship and danger pay; nificant cost savings to the Department if security with accessibility, as defined by and implemented. guidelines established by the United States (H) detail any effects of recommendations SEC. 1208. BUSINESS VOLUME. Access Board in constructing embassies and made pursuant to subparagraphs (F) and (G) Section 402(c)(2)(E) of the Omnibus Diplo- consulates, and shall ensure compliance with on other United States Government depart- matic Security and Antiterrorism Act of 1986 the Architectural Barriers Act of 1968 (42 ments and agencies with civilian employees (22 U.S.C. 4852(c)(2)(E)) is amended by strik- U.S.C. 4151 et seq.) to the fullest extent pos- permanently assigned or on temporary duty ing ‘‘in 3 years’’ and inserting ‘‘cumulatively sible. in foreign areas, following consultation with over 3 years’’. SEC. 1214. DEFINITIONS. such departments and agencies. SEC. 1209. EMBASSY SECURITY REQUESTS AND In this title: (b) BRIEFING REQUIREMENT.—Before initi- DEFICIENCIES. (1) DESIGN-BUILD.—The term ‘‘design- The Secretary of State shall provide to the ating the analysis required under subsection build’’ means a method of project delivery in (a)(1), and not later than 60 days after the appropriate congressional committees, the which one entity works under a single con- date of the enactment of this Act, the Sec- Committee on Armed Services of the House tract with the Department to provide design retary of State shall provide to the Com- of Representatives, and the Committee on and construction services. mittee on Foreign Relations of the Senate Armed Services of the Senate upon request (2) NON-STANDARD DESIGN.—The term ‘‘non- information on physical security deficiencies standard design’’ means a design for a new and the Committee on Foreign Affairs in the at United States diplomatic posts, including embassy compound project or new consulate House of Representatives a briefing on the relating to the following: compound project that does not utilize a implementation of this section that includes (1) Requests made over the previous year standardized design for the structural, spa- the following: by United States diplomatic posts for secu- tial, or security requirements of such em- (1) The name of the federally funded re- rity upgrades. bassy compound or consulate compound, as search and development center that will con- (2) Significant security deficiencies at the case may be. duct such analysis. United States diplomatic posts that are not TITLE III—PERSONNEL ISSUES (2) The scope of such analysis and terms of operating out of a new embassy compound or reference for such analysis as specified be- new consulate compound. SEC. 1301. DEFENSE BASE ACT INSURANCE WAIV- ERS. tween the Department of State and such fed- SEC. 1210. OVERSEAS SECURITY BRIEFINGS. erally funded research and development cen- (a) APPLICATION FOR WAIVERS.—Not later Not later than one year after the date of ter. the enactment of this Act, the Secretary of than 30 days after the date of the enactment State shall revise the Foreign Affairs Man- of this Act, the Secretary of State shall (c) AVAILABILITY OF INFORMATION.— ual to stipulate that information on the cur- apply to the Department of Labor for a waiv- (1) IN GENERAL.—The Secretary of State rent threat environment shall be provided to er from insurance requirements under the shall make available to the federally-funded all United States Government employees Defense Base Act (42 U.S.C. 1651 et seq.) for research and development center carrying under chief of mission authority traveling to all countries with respect to which the re- out the analysis required under subsection a foreign country on official business. To the quirement was waived prior to January 2017, (a)(1) all necessary and relevant information extent practicable, such material shall be and for which there is not currently a waiv- to allow such center to conduct such anal- provided to such employees prior to their ar- er. ysis in a quantitative and analytical man- rival at a United States diplomatic post or (b) CERTIFICATION REQUIREMENT.—Not later ner, including historical data on the number as soon as possible thereafter. than 45 days after the date of the enactment of bids for each foreign assignment and any of this Act, the Secretary of State shall cer- SEC. 1211. CONTRACTING METHODS IN CAPITAL survey data collected by the Department of CONSTRUCTION. tify to the appropriate congressional com- State from eligible bidders on their bid deci- (a) DELIVERY.—Unless the Secretary of mittees that the requirement in subsection sion-making. State notifies the appropriate congressional (a) has been met. (2) COOPERATION.—The Secretary of State committees that the use of the design-build SEC. 1302. STUDY ON FOREIGN SERVICE ALLOW- shall work with the heads of other relevant project delivery method would not be appro- ANCES. United States Government departments and priate, the Secretary shall make use of such (a) REPORT REQUIRED.— agencies to ensure such departments and method at United States diplomatic posts (1) IN GENERAL.—Not later than one year agencies provide all necessary and relevant that have not yet received design or capital after date of the enactment of this Act, the information to the federally-funded research construction contracts as of the date of the Secretary of State shall submit to the appro- and development center carrying out the enactment of this Act. priate congressional committees a report de- analysis required under subsection (a)(1). (b) NOTIFICATION.—Before executing a con- tailing an empirical analysis on the effect of (d) INTERIM REPORT TO CONGRESS.—The tract for a delivery method other than de- overseas allowances on the foreign assign- Secretary of State shall require that the sign-build in accordance with subsection (a), ment of Foreign Service officers (FSOs), to chief executive officer of the federally-fund- the Secretary of State shall notify the ap- be conducted by a federally-funded research propriate congressional committees in writ- and development center with appropriate ex- ed research and development center that caring of the decision, including the reasons pertise in labor economics and military com- ries out the analysis required under sub- therefor. The notification required by this pensation. section (a)(1) submit to the Committee on subsection may be included in any other re- (2) CONTENTS.—The analysis required under Foreign Relations of the Senate and the port regarding a new United States diplo- paragraph (1) shall— Committee on Foreign Affairs of the House matic post that is required to be submitted (A) identify all allowances paid to FSOs as- of Representatives an interim report on such to the appropriate congressional commit- signed permanently or on temporary duty to analysis not later than 180 days after the tees. foreign areas; date of the enactment of this Act.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2439 SEC. 1303. SCIENCE AND TECHNOLOGY FELLOW- SEC. 1307. TECHNICAL CORRECTION. SEC. 1310. SENSE OF CONGRESS REGARDING VET- SHIPS. Subparagraph (A) of section 601(c)(6) of the ERANS EMPLOYMENT AT THE DE- Section 504 of the Foreign Relations Au- Foreign Service Act of 1980 (22 U.S.C. PARTMENT OF STATE. thorization Act, Fiscal Year 1979 (22 U.S.C. 4001(c)(6)) is amended, in the matter pre- It is the sense of Congress that— 2656d) is amended by adding at the end the ceding clause (i), by— (1) the Department of State should con- following new subsection: (1) striking ‘‘promotion’’ and inserting tinue to promote the employment of vet- ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS ‘‘promotion, on or after January 1, 2017,’’; erans, in accordance with section 301 of the RELATED TO SCIENCE AND TECHNOLOGY FEL- and Foreign Service Act of 1980 (22 U.S.C. 3941), LOWSHIP PROGRAMS.— (2) striking ‘‘individual joining the Service as amended by section 1407 of this Act, in- ‘‘(1) IN GENERAL.—The Secretary of State is on or after January 1, 2017,’’ and inserting cluding those veterans belonging to tradi- authorized to make grants or enter into co- ‘‘Foreign Service officer, appointed under tionally under-represented groups at the De- operative agreements related to Department section 302(a)(1), who has general responsi- partment; of State science and technology fellowship bility for carrying out the functions of the (2) veterans employed by the Department programs, including for assistance in recruit- Service’’. have made significant contributions to ing fellows and the payment of stipends, SEC. 1308. FOREIGN SERVICE AWARDS. United States foreign policy in a variety of travel, and other appropriate expenses to fel- (a) IN GENERAL.—Section 614 of the Foreign regional and global affairs bureaus and diplo- lows. Service Act of 1980 (22 U.S.C. 4013) is amend- matic posts overseas; and ‘‘(2) EXCLUSION FROM CONSIDERATION AS ed— (3) the Department should continue to en- COMPENSATION.—Stipends under paragraph (1) by amending the section heading to courage veteran employment and facilitate (1) shall not be considered compensation for read as follows: ‘‘DEPARTMENT AWARDS’’; and their participation in the workforce. purposes of section 209 of title 18, United (2) in the first sentence, by inserting ‘‘or States Code. SEC. 1311. EMPLOYEE ASSIGNMENT RESTRIC- Civil Service’’ after ‘‘the Service’’. TIONS AND PRECLUSIONS. ‘‘(3) MAXIMUM ANNUAL AMOUNT.—The total (b) CONFORMING AMENDMENT.—The item re- amount of grants made pursuant to this sub- lating to section 614 in the table of contents (a) SENSE OF CONGRESS.—It is the sense of section may not exceed $500,000 in any fiscal of the Foreign Service Act of 1980 is amended Congress that the Department of State year.’’. to read as follows: should expand the appeal process it makes available to employees related to assignment SEC. 1304. TRAVEL FOR SEPARATED FAMILIES. ‘‘Sec. 614. Department awards.’’. preclusions and restrictions. Section 901(15) of the Foreign Service Act SEC. 1309. WORKFORCE ACTIONS. (b) APPEAL OF ASSIGNMENT RESTRICTION OR of 1980 (22 U.S.C. 4081(15)) is amended— (a) SENSE OF CONGRESS ON WORKFORCE RE- PRECLUSION.—Subsection (a) of section 414 of (1) in the matter preceding subparagraph CRUITMENT.—It is the sense of Congress that the Department of State Authorities Act, (A), by striking ‘‘1 round-trip per year for the Secretary of State should continue to Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amend- each child below age 21 of a member of the hold entry-level classes for Foreign Service ed by adding at the end the following new Service assigned abroad’’ and inserting ‘‘in officers and specialists and continue to re- sentences: ‘‘Such right and process shall en- the case of one or more children below age 21 cruit civil servants through programs such sure that any employee subjected to an as- of a member of the Service assigned abroad, as the Presidential Management Fellows signment restriction or preclusion shall have one round-trip per year’’; Program and Pathways Internship Programs the same appeal rights as provided by the (2) in subparagraph (A)— in a manner and at a frequency consistent Department regarding denial or revocation (A) by inserting ‘‘for each child’’ before ‘‘to with prior years and consistent with the of a security clearance. Any such appeal visit the member abroad’’; and need to maintain a pool of experienced per- shall be resolved not later than 60 days after (B) by striking ‘‘; or’’ and inserting a sonnel effectively distributed across skill such appeal is filed.’’. comma; codes and ranks. It is further the sense of (3) in subparagraph (B)— Congress that absent continuous recruit- (c) NOTICE AND CERTIFICATION.—Not later (A) by inserting ‘‘for each child’’ before ‘‘to ment and training of Foreign Service officers than 90 days after the date of the enactment visit the other parent’’; and and civil servants, the Department of State of this Act, the Secretary of State shall re- (B) by inserting ‘‘or’’ after ‘‘resides,’’; will lack experienced, qualified personnel in vise, and certify to the Committee on For- (4) by inserting after subparagraph (B) the the short, medium, and long terms. eign Affairs of the House of Representatives following new subparagraph: (b) LIMITATION.—The Secretary of State and the Committee on Foreign Relations of ‘‘(C) for one of the child’s parents to visit should not implement any reduction-in-force the Senate regarding such revision, the For- the child or children abroad if the child or action under section 3502 or 3595 of title 5, eign Affairs Manual guidance regarding de- children do not regularly reside with that United States Code, or for any incentive pay- nial or revocation of a security clearance to parent and that parent is not receiving an ments for early separation or retirement expressly state that all review and appeal education allowance or educational travel under any other provision of law unless— rights relating thereto shall also apply to allowance for the child or children under sec- (1) the appropriate congressional commit- any recommendation or decision to impose tion 5924(4) of title 5, United States Code,’’; tees are notified not less than 15 days in ad- an assignment restriction or preclusion to an and vance of such obligation or expenditure; and employee. (5) in the matter following subparagraph (2) the Secretary has provided to the ap- SEC. 1312. RECALL AND REEMPLOYMENT OF CA- (C), as added by paragraph (4) of this section, propriate congressional committees a de- REER MEMBERS. by striking ‘‘a payment’’ and inserting ‘‘the tailed report that describes the Department (a) SENSE OF CONGRESS.—It is the sense of cost of round-trip travel’’. of State’s strategic staffing goals, includ- Congress that— SEC. 1305. HOME LEAVE TRAVEL FOR SEPARATED ing— (1) career Department of State employees FAMILIES. (A) a justification that describes how any provide invaluable service to the United Section 903(b) of the Foreign Service Act of proposed workforce reduction enhances the States as nonpartisan professionals who con- 1980 (22 U.S.C. 4083(b)) is amended by adding effectiveness of the Department; tribute subject matter expertise and profes- at the end the following new sentence: ‘‘In (B) a certification that such workforce re- sional skills to the successful development cases in which a member of the Service has duction is in the national interest of the and execution of United States foreign pol- official orders to an unaccompanied post and United States; icy; and in which the family members of the member (C) a comprehensive strategic staffing plan (2) reemployment of skilled former mem- reside apart from the member at authorized for the Department, including 5-year work- bers of the Foreign and civil service who locations outside the United States, the force forecasting and a description of the an- have voluntarily separated from the Foreign member may take the leave ordered under ticipated impact of any proposed workforce or civil service due to family reasons or to this section where that member’s family reduction; and obtain professional skills outside govern- members reside, notwithstanding section (D) a dataset displaying comprehensive ment is of benefit to the Department. 6305 of title 5, United States Code.’’. workforce data for all current and planned SEC. 1306. SENSE OF CONGRESS REGARDING employees of the Department, disaggregated (b) NOTICE OF EMPLOYMENT OPPORTUNITIES CERTAIN FELLOWSHIP PROGRAMS. by— FOR DEPARTMENT OF STATE AND USAID POSI- It is the sense of Congress that Depart- (i) Foreign Service officer and Foreign TIONS.— ment fellowships that promote the employ- Service specialist rank; (1) IN GENERAL.—Title 5, United States ment of candidates belonging to under-rep- (ii) civil service job skill code, grade level, Code, is amended by inserting after chapter resented groups, including the Charles B. and bureau of assignment; 102 the following new chapter: Rangel International Affairs Graduate Fel- (iii) contracted employees, including the ‘‘CHAPTER 103—NOTICE OF EMPLOYMENT lowship Program, the Thomas R. Pickering equivalent job skill code and bureau of as- OPPORTUNITIES FOR DEPARTMENT OF Foreign Affairs Fellowship Program, and the signment; and STATE AND USAID POSITIONS Donald M. Payne International Development (iv) employees hired under schedule C of Fellowship Program, represent smart invest- subpart C of part 213 of title 5, Code of Fed- ‘‘Sec. ments vital for building a strong, capable, eral Regulations, including their equivalent ‘‘10301. Notice of employment opportunities and representative national security work- grade and job skill code and bureau of as- for Department of State and force. signment. USAID positions.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2440 CONGRESSIONAL RECORD — HOUSE May 18, 2021 ‘‘§ 10301. Notice of employment opportunities shortages on national security objectives, moving such subparagraphs 2 ems to the left; for Department of State and USAID posi- and the Department of State ’s plan to im- and tions plement recommendations described in GAO– (D) by striking subparagraph (B) (relating ‘‘To ensure that individuals who have sepa- 19–220. to the definition of ‘‘suspend’’ and ‘‘suspen- rated from the Department of State or the SEC. 1314. CONSULTING SERVICES. sion’’). United States Agency for International De- (a) IN GENERAL.—Chapter 103 of title 5, SEC. 1318. FOREIGN AFFAIRS MANUAL AND FOR- velopment and who are eligible for re- United States Code, as added by section EIGN AFFAIRS HANDBOOK appointment are aware of such opportuni- 1312(b) of this Act, is amended by adding at CHANGES. ties, the Department of State and the United the end the following: (a) APPLICABILITY.—The Foreign Affairs States Agency for International Develop- Manual and the Foreign Affairs Handbook ‘‘§ 10302. Consulting services for the Depart- apply with equal force and effect and with- ment shall publicize notice of all employment of State ment opportunities, including positions for out exception to all Department of State ‘‘Any consulting service obtained by the personnel, including the Secretary of State, which the relevant agency is accepting appli- Department of State through procurement Department employees, and political ap- cations from individuals within the agency’s contract pursuant to section 3109 of title 5, pointees, regardless of an individual’s status workforce under merit promotion proce- United States Code, shall be limited to those as a Foreign Service officer, Civil Service dures, on publicly accessible sites, including contracts with respect to which expenditures employee, or political appointee hired under www.usajobs.gov. If using merit promotion are a matter of public record and available any legal authority. procedures, the notice shall expressly state for public inspection, except if otherwise (b) CERTIFICATION.—Not later than 30 days that former employees eligible for reinstate- provided under existing law, or under exist- after the date of the enactment of this Act, ment may apply.’’. ing Executive order issued pursuant to exist- the Secretary of State shall submit to the (2) CLERICAL AMENDMENT.—The table of ing law.’’. appropriate congressional committees a cer- chapters at the beginning of part III of title (b) CLERICAL AMENDMENT.—The table of tification in unclassified form that the appli- 5, United States Code, is amended by adding sections for chapter 103 of title 5, United cability described in subsection (a) has been at the end of subpart I the following: States Code, as added by section 1312(b) of communicated to all Department personnel, ‘‘103. Notice of employment opportu- this Act, is amended by adding after the including the personnel referred to in such nities for Department of State item relating to section 10301 the following subsection. and USAID positions ...... 10301’’. new item: (c) REPORT.— SEC. 1313. STRATEGIC STAFFING PLAN FOR THE ‘‘10302. Consulting services for the Depart- (1) IN GENERAL.—Not later than 180 days DEPARTMENT OF STATE. ment of State’’. after the date of the enactment of this Act (a) IN GENERAL.—Not later than 18 months and every 180 days thereafter for five years, after the date of the enactment of this Act, SEC. 1315. INCENTIVES FOR CRITICAL POSTS. the Secretary of State shall submit to the the Secretary of State shall submit to the Section 1115(d) of the Supplemental Appro- appropriate congressional committees a re- appropriate congressional committees a priations Act, 2009 (Public Law 111–32) is port detailing all significant changes made comprehensive 5-year strategic staffing plan amended by striking the last sentence. to the Foreign Affairs Manual or the Foreign for the Department of State that is aligned SEC. 1316. EXTENSION OF AUTHORITY FOR CER- Affairs Handbook. with and furthers the objectives of the Na- TAIN ACCOUNTABILITY REVIEW (2) COVERED PERIODS.—The first report re- tional Security Strategy of the United BOARDS. quired under paragraph (1) shall cover the 5- States of America issued in December 2017, Section 301(a)(3) of the Omnibus Diplo- year period preceding the submission of such or any subsequent strategy issued not later matic Security and Antiterrorism Act of 1986 report. Each subsequent report shall cover than 18 months after the date of the enact- (22 U.S.C. 4831(a)(3)) is amended— the 180-day period preceding submission. (1) in the heading, by striking ‘‘AFGHANI- ment of this Act, which shall include the fol- (3) CONTENTS.—Each report required under lowing: STAN AND’’ and inserting ‘‘AFGHANISTAN, paragraph (1) shall contain the following: (1) A dataset displaying comprehensive YEMEN, SYRIA, AND’’; and (A) The location within the Foreign Affairs workforce data, including all shortages in (2) in subparagraph (A)— Manual or the Foreign Affairs Handbook bureaus described in GAO report GAO–19–220, (A) in clause (i), by striking ‘‘Afghanistan where a change has been made. for all current and planned employees of the or’’ and inserting ‘‘Afghanistan, Yemen, (B) The statutory basis for each such Department, disaggregated by— Syria, or’’; and change, as applicable. (A) Foreign Service officer and Foreign (B) in clause (ii), by striking ‘‘beginning on (C) A side-by-side comparison of the For- Service specialist rank; October 1, 2005, and ending on September 30, eign Affairs Manual or Foreign Affairs Hand- (B) civil service job skill code, grade level, 2009’’ and inserting ‘‘beginning on October 1, book before and after such change. and bureau of assignment; 2020, and ending on September 30, 2022’’. (D) A summary of such changes displayed (C) contracted employees, including the SEC. 1317. FOREIGN SERVICE SUSPENSION WITH- in spreadsheet form. OUT PAY. equivalent job skill code and bureau of as- SEC. 1319. WAIVER AUTHORITY FOR INDIVIDUAL signment; Subsection (c) of section 610 of the Foreign OCCUPATIONAL REQUIREMENTS OF (D) employees hired under schedule C of Service Act of 1980 (22 U.S.C. 4010) is amend- CERTAIN POSITIONS. subpart C of part 213 of title 5, Code of Fed- ed— The Secretary of State may waive any or eral Regulations, including the equivalent (1) in paragraph (1), in the matter pre- all of the individual occupational require- grade and job skill code and bureau of as- ceding subparagraph (A), by striking ‘‘sus- ments with respect to an employee or pro- signment of such employee; and pend’’ and inserting ‘‘indefinitely suspend spective employee of the Department of (E) overseas region. without duties’’; State for a civilian position categorized (2) Recommendations on the number of (2) by redesignating paragraph (5) as para- under the GS–0130 occupational series if the Foreign Service officers disaggregated by graph (7); Secretary determines that the individual service cone that should be posted at each (3) by inserting after paragraph (4) the fol- possesses significant scientific, techno- United States diplomatic post and in the lowing new paragraphs: logical, engineering, or mathematical exper- District of Columbia, with a detailed basis ‘‘(5) For each member of the Service sus- tise that is integral to performing the duties for such recommendations. pended under paragraph (1)(A) whose secu- of the applicable position, based on dem- (3) Recommendations on the number of rity clearance remains suspended for more onstrated job performance and qualifying ex- civil service officers that should be employed than one calendar year, not later than 30 perience. With respect to each waiver grant- by the Department, with a detailed basis for days after the end of such calendar year the ed under this subsection, the Secretary shall such recommendations. Secretary of State shall report to the Com- set forth in a written document that is (b) MAINTENANCE.—The dataset required mittee on Foreign Affairs of the House of transmitted to the Director of the Office of under subsection (a)(1) shall be maintained Representatives and the Committee on For- Personnel Management the rationale for the and updated on a regular basis. eign Relations of the Senate in writing re- decision of the Secretary to waive such re- (c) CONSULTATION.—The Secretary of State garding the specific reasons relating to the quirements. shall lead the development of the plan re- duration of each such suspension. SEC. 1320. APPOINTMENT OF EMPLOYEES TO THE quired under subsection (a) but may consult ‘‘(6) Any member of the Service suspended GLOBAL ENGAGEMENT CENTER. or partner with private sector entities with under paragraph (1)(B) may be suspended The Secretary of State may appoint, for a expertise in labor economics, management, without pay only after a final written deci- 3-year period that may be extended for up to or human resources, as well as organizations sion is provided to such member pursuant to an additional two years, solely to carry out familiar with the demands and needs of the paragraph (2).’’; and the functions of the Global Engagement Cen- Department of State’s workforce. (4) in paragraph (7), as so redesignated— ter, employees of the Department of State (d) REPORT.—Not later than 120 days after (A) by striking ‘‘(7) In this subsection:’’; without regard to the provisions of title 5, the date of the enactment of this Act, the (B) in subparagraph (A), by striking ‘‘(A) United States Code, governing appointment Secretary of State shall submit to the appro- The term’’ and inserting the following: in the competitive service, and may fix the priate congressional committees a report re- ‘‘(7) In this subsection, the term—’’; basic compensation of such employees with- garding root causes of Foreign Service and (C) by redesignating clauses (i) and (ii) as out regard to chapter 51 and subchapter III of civil service shortages, the effect of such subparagraphs (A) and (B), respectively, and chapter 53 of such title.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2441 SEC. 1321. REST AND RECUPERATION AND OVER- amended by inserting after the item relating ticipating in the Program whose permanent SEAS OPERATIONS LEAVE FOR FED- to section 6329c the following new items: address is within the United States if the lo- ERAL EMPLOYEES. ‘‘6329d. Rest and recuperation leave cation of the internship in which such stu- (a) IN GENERAL.—Subchapter II of chapter ‘‘6329e. Overseas operations leave’’. dent is participating is outside the United 63 of title 5, United States Code, is amended SEC. 1322. EMERGENCY MEDICAL SERVICES AU- States. by adding at the end the following new sec- THORITY. (B) DOMESTIC.—The Secretary of State is tions: Section 3 of the State Department Basic authorized to provide housing assistance to a ‘‘§ 6329d. Rest and recuperation leave Authorities Act of 1956 (22 U.S.C. 2670) is student participating in the Program whose ‘‘(a) DEFINITIONS.—In this section— amended— permanent address is within the United ‘‘(1) the term ‘agency’ means an Executive (1) in subsection (l), by striking ‘‘and’’ States if the location of the internship in agency (as that term is defined in section after the semicolon; which such student is participating is more 105), but does not include the Government (2) in subsection (m), by striking the period than 50 miles away from such student’s per- Accountability Office; and inserting ‘‘; and’’; and manent address. ‘‘(2) the term ‘combat zone’ means a geo- (3) by adding at the end the following new (3) TRAVEL ASSISTANCE.—The Secretary of graphic area designated by an Executive subsection: State shall provide a student participating order of the President as an area in which ‘‘(n) in exigent circumstances, as deter- in the Program whose permanent address is the Armed Forces are engaging or have en- mined by the Secretary, provide emergency within the United States financial assistance gaged in combat, an area designated by law medical services or related support for pri- to cover the costs of travel once to and once to be treated as a combat zone, or a location vate United States citizens, nationals, and from the location of the internship in which the Department of Defense has certified for permanent resident aliens abroad, or third such student is participating, including trav- combat zone tax benefits due to its direct country nationals connected to such persons el by air, train, bus, or other transit as ap- support of military operations; or to the diplomatic or development mis- propriate, if the location of such internship ‘‘(3) the term ‘employee’ has the meaning sions of the United States abroad, who are is— given that term in section 6301; unable to obtain such services or support (A) more than 50 miles from such student’s ‘‘(4) the term ‘high risk, high threat post’ otherwise, with such assistance provided on permanent address; or has the meaning given that term in section a reimbursable basis to the extent feasible.’’. (B) outside the United States. 104 of the Omnibus Diplomatic Security and SEC. 1323. DEPARTMENT OF STATE STUDENT IN- (f) WORKING WITH INSTITUTIONS OF HIGHER Antiterrorism Act of 1986 (22 U.S.C. 4803); and TERNSHIP PROGRAM. EDUCATION.—The Secretary of State is au- ‘‘(5) the term ‘leave year’ means the period (a) IN GENERAL.—The Secretary of State thorized to enter into agreements with insti- beginning on the first day of the first com- shall establish the Department of State Stu- tutions of higher education to structure in- plete pay period in a calendar year and end- dent Internship Program (in this section re- ternships to ensure such internships satisfy ing on the day immediately before the first ferred to as the ‘‘Program’’) to offer intern- criteria for academic programs in which par- day of the first complete pay period in the ship opportunities at the Department of ticipants in such internships are enrolled. State to eligible students to raise awareness following calendar year. (g) TRANSITION PERIOD.— EAVE FOR EST AND ECUPERATION of the essential role of diplomacy in the con- ‘‘(b) L R R .— (1) IN GENERAL.—Not later than two years The head of an agency may prescribe regula- duct of United States foreign policy and the after the date of the enactment of this Act, tions to grant up to 20 days of paid leave, per realization of United States foreign policy the Secretary of State shall transition all leave year, for the purposes of rest and recu- objectives. unpaid internship programs of the Depart- (b) ELIGIBILITY.—To be eligible to partici- peration to an employee of the agency serv- ment, including the Foreign Service Intern- pate in the Program, an applicant shall— ing in a combat zone, any other high risk, ship Program, to internship programs that high threat post, or any other location pre- (1) be enrolled, not less than half-time, at— offer compensation. Upon selection as a can- senting significant security or operational (A) an institution of higher education (as didate for entry into an internship program challenges. such term is defined section 102 of the Higher of the Department after such date, a partici- ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY Education Act of 1965 (20 U.S.C. 1002)); or pant in such internship program shall be af- HEAD.—Use of the authority under sub- (B) an institution of higher education forded the opportunity to forgo compensa- section (b) is at the sole and exclusive discre- based outside the United States, as deter- tion, including if doing so allows such partic- tion of the head of the agency concerned. mined by the Secretary of State; ipant to receive college or university cur- ‘‘(d) RECORDS.—An agency shall record (2) be able to receive and hold an appro- ricular credit. leave provided under this section separately priate security clearance; and (2) EXCEPTION.—The transition required from leave authorized under any other provi- (3) satisfy such other criteria as estab- under paragraph (1) shall not apply in the sion of law. lished by the Secretary. case of unpaid internship programs of the ‘‘§ 6329e. Overseas operations leave (c) SELECTION.—The Secretary of State Department of State that are part of the Vir- ‘‘(a) DEFINITIONS.—In this section— shall establish selection criteria for students tual Student Federal Service internship pro- ‘‘(1) the term ‘agency’ means an Executive to be admitted into the Program that in- gram. agency (as that term is defined in section cludes the following: (3) WAIVER.— 105), but does not include the Government (1) Demonstrable interest in a career in foreign affairs. (A) IN GENERAL.—The Secretary may waive Accountability Office; the requirement under this subsection to ‘‘(2) the term ‘employee’ has the meaning (2) Academic performance. (3) Such other criteria as determined by transition an unpaid internship program of given that term in section 6301; and the Department to an internship program ‘‘(3) the term ‘leave year’ means the period the Secretary. (d) OUTREACH.—The Secretary of State that offers compensation if the Secretary de- beginning with the first day of the first com- termines and not later than 30 days after any plete pay period in a calendar year and end- shall advertise the Program widely, including on the internet, through the Department such determination submits to the appro- ing with the day immediately before the first priate congressional committees a report day of the first complete pay period in the of State’s Diplomats in Residence program, and through other outreach and recruiting that to do so would not be consistent with ef- following calendar year. fective management goals. ‘‘(b) LEAVE FOR OVERSEAS OPERATIONS.— initiatives targeting undergraduate and (B) REPORT.—The report required under The head of an agency may prescribe regula- graduate students. The Secretary shall actions to grant up to 10 days of paid leave, per tively encourage people belonging to tradi- subparagraph (A) shall describe the reason leave year, to an employee of the agency tionally under-represented groups in terms why transitioning an unpaid internship pro- serving abroad where the conduct of business of racial, ethnic, geographic, and gender di- gram of the Department to an internship could pose potential security or safety re- versity, and disability status to apply to the program that offers compensation would not lated risks or would be inconsistent with Program, including by conducting targeted be consistent with effective management host-country practice. Such regulations may outreach at minority serving institutions (as goals, including any justification for main- provide that additional leave days may be such term is described in section 371(a) of the taining such unpaid status indefinitely, or granted during such leave year if the head of Higher Education Act of 1965 (20 U.S.C. any additional authorities or resources nec- the agency determines that to do so is nec- 1067q(a)). essary to transition such unpaid program to essary to advance the national security or (e) COMPENSATION.— offer compensation in the future. foreign policy interests of the United States. (1) IN GENERAL.—Students participating in (h) REPORTS.—Not later than 18 months ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY the Program shall be paid at least— after the date of the enactment of this Act, HEAD.—Use of the authority under sub- (A) the amount specified in section 6(a)(1) the Secretary of State shall submit to the section (b) is at the sole and exclusive discre- of the Fair Labor Standards Act of 1938 (29 Committee on Foreign Affairs of the House tion of the head of the agency concerned. U.S.C. 206(a)(1)), or of Representatives and the Committee on ‘‘(d) RECORDS.—An agency shall record (B) the minimum wage of the jurisdiction Foreign Relations of a Senate a report that leave provided under this section separately in which the internship is located, includes the following: from leave authorized under any other provi- whichever is greater. (1) Data, to the extent collection of such sion of law.’’. (2) HOUSING ASSISTANCE.— information is permissible by law, regarding (b) CLERICAL AMENDMENTS.—The table of (A) ABROAD.—The Secretary of State shall the number of students, disaggregated by sections at the beginning of such chapter is provide housing assistance to a student par- race, ethnicity, gender, institution of higher

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2442 CONGRESSIONAL RECORD — HOUSE May 18, 2021 learning, home State, State where each stu- (C) Any extension of time that was volun- the rate of applications for job positions dent graduated from high school, and dis- tarily granted to such individual by the Of- among demographic categories. ability status, who applied to the Program, fice of the Inspector General. (2) DEMOGRAPHIC DATA.—The term ‘‘demo- were offered a position, and participated. (D) The general subject matters regarding graphic data’’ means facts or statistics relat- (2) Data on the number of security clear- which the Office of the Inspector General has ing to the demographic categories specified ance investigations started for such students requested of such individuals. in the Office of Management and Budget sta- and the timeline for such investigations, in- (2) FORM.—Additional information per- tistical policy directive entitled ‘‘Standards cluding whether such investigations were taining solely to the subject matter of a re- for Maintaining, Collecting, and Presenting completed or if, and when, an interim secu- quest described in paragraph (1) may be pro- Federal Data on Race and Ethnicity’’ (81 rity clearance was granted. vided in a supplemental classified annex, if Fed. Reg. 67398). (3) Information on expenditures on the necessary, but all other information required (3) DIVERSITY.—The term ‘‘diversity’’ Program. by the reports required under such paragraph means those classes of persons protected (4) Information regarding the Department shall be provided in unclassified form. under the Civil Rights Act of 1964 (42 U.S.C. of State’s compliance with subsection (g). SEC. 1326. INFORMATION ON EDUCATIONAL OP- 2000a et seq.) and the Americans with Dis- (i) VOLUNTARY PARTICIPATION.— PORTUNITIES FOR CHILDREN WITH abilities Act of 1990 (42 U.S.C. 12101 et seq.). (1) IN GENERAL.—Nothing in this section SPECIAL EDUCATIONAL NEEDS CON- (4) WORKFORCE.—The term ‘‘workforce’’ may be construed to compel any student who SISTENT WITH THE INDIVIDUALS means— is a participant in an internship program of WITH DISABILITIES EDUCATION (A) individuals serving in a position in the the Department of State to participate in ACT. civil service (as such term is defined in sec- Not later than March 31, 2022, and annually the collection of the data or divulge any per- tion 2101 of title 5, United States Code); thereafter, the Director of the Office of Over- sonal information. Such students shall be in- (B) individuals who are members of the seas Schools of the Department of State formed that their participation in the data Foreign Service (as such term defined in sec- shall maintain and update a list of overseas collection contemplated by this section is tion 103 of the Foreign Service Act of 1980 (22 schools receiving assistance from the Office voluntary. U.S.C. 3902)); and detailing the extent to which each such (2) PRIVACY PROTECTION.—Any data col- (C) all individuals serving under a personal school provides special education and related lected under this section shall be subject to services contract; services to children with disabilities in ac- the relevant privacy protection statutes and (D) all individuals serving under a Foreign cordance with part B of the Individuals with regulations applicable to Federal employees. Service limited appointment under section Disabilities Education Act (20 U.S.C. 1411 et (j) SPECIAL HIRING AUTHORITY.—The De- 309 of the Foreign Service Act of 1980 (22 partment of State may offer compensated in- seq.). Each list required under this section U.S.C. 3949); or ternships for not more than 52 weeks, and se- shall be posted on the public website of the (E) individuals other than Locally Em- lect, appoint, employ, and remove individ- Office for access by members of the Foreign ployed Staff working in the Department of uals in such compensated internships with- Service, Senior Foreign Service, and their el- State under any other authority. igible family members. out regard to the provisions of law governing SEC. 1402. COLLECTION, ANALYSIS, AND DISSEMI- appointments in the competitive service. SEC. 1327. IMPLEMENTATION OF GAP MEMO- NATION OF WORKFORCE DATA. RANDUM IN SELECTION BOARD (k) USE OF FUNDS.—Internships offered and (a) INITIAL REPORT.—Not later than 180 PROCESS. compensated by the Department subject to days after the date of the enactment of this (a) IN GENERAL.—Section 603 of the Foreign this section shall be funded by amounts ap- Act, the Secretary of State shall, in con- Service Act of 1980 (22 U.S.C. 4003) is amend- propriated pursuant to— sultation with the Director of the Office of ed by adding at the end the following new (1) the authorization of appropriations Personnel Management and the Director of subsection: under section 1001; and the Office of Management and Budget, sub- ‘‘(c)(1) A member of the Service or member (2) any other Act. mit to the appropriate congressional com- of the Senior Foreign Service whose per- mittees a report, which shall also be pub- SEC. 1324. COMPETITIVE STATUS FOR CERTAIN formance will be evaluated by a selection EMPLOYEES HIRED BY INSPECTORS lished on a publicly available website of the GENERAL TO SUPPORT THE LEAD IG board may submit to such selection board a Department in a searchable database format, MISSION. gap memo in advance of such evaluation. that includes disaggregated demographic Subparagraph (A) of section 8L(d)(5) of the ‘‘(2) Members of a selection board may not data and other information regarding the di- Inspector General Act of 1978 (5 U.S.C. App.) consider as negative the submission of a gap versity of the workforce of the Department is amended by striking ‘‘a lead Inspector memo by a member described in paragraph of State. General for’’ and inserting ‘‘any of the In- (1) when evaluating the performance of such (b) DATA.—The report under subsection (a) spectors General specified in subsection (c) member. shall include the following data to the max- for oversight of’’. ‘‘(3) In this subsection, the term ‘gap imum extent collection of such data is per- memo’ means a written record, submitted to SEC. 1325. COOPERATION WITH OFFICE OF THE missible by law: INSPECTOR GENERAL. a selection board in a standard format estab- (1) Demographic data on each element of (a) ADMINISTRATIVE DISCIPLINE.—Not later lished by the Director General of the Foreign the workforce of the Department of State, than 30 days after the date of the enactment Service, which indicates and explains a gap disaggregated by rank and grade or grade- of this Act, the Secretary of State shall in the record of a member of the Service or equivalent, with respect to the following make explicit in writing to all Department member of the Senior Foreign Service whose groups: of State personnel, including the Secretary performance will be evaluated by such selec- (A) Applicants for positions in the Depart- of State, Department employees, contraction board, which gap is due to personal cir- ment. tors, and political appointees, and shall con- cumstances, including for health, family, or (B) Individuals hired to join the workforce. sider updating the Foreign Affairs Manual other reason as determined by the Director (C) Individuals promoted during the 5-year and the Foreign Affairs Handbook to explic- General in consultation with the Committee period ending on the date of the enactment itly specify, that if any of such personnel on Foreign Affairs of the House of Represent- of this Act, including promotions to and does not comply within 60 days with a re- atives and the Committee on Foreign Rela- within the Senior Executive Service or the quest for an interview or access to docu- tions of the Senate.’’. Senior Foreign Service. (b) CONSULTATION AND GUIDANCE.— ments from the Office of the Inspector Gen- (D) Individuals serving during the 5-year (1) CONSULTATION.—Not later than 30 days eral of the Department such personnel may period ending on the date of the enactment after the date of the enactment of this Act, be subject to appropriate administrative dis- of this Act as special assistants in any of the the Director General of the Foreign Service cipline including, when circumstances war- offices of the Secretary of State, the Deputy shall consult with the Committee on Foreign rant, suspension without pay or removal. Secretary of State, the Counselor of the De- (b) REPORT.— Affairs of the House of Representatives and partment of State, the Secretary’s Policy (1) IN GENERAL.—Not later than 180 days the Committee on Foreign Relations of the Planning Staff, the Under Secretary for after the date of the enactment of this Act Senate regarding the development of the gap Arms Control and International Security, and on a quarterly basis thereafter, the Of- memo under subsection (c) of section 603 of the Under Secretary for Civilian Security, fice of the Inspector General of the Depart- the Foreign Service Act of 1980, as added by Democracy, and Human Rights, the Under ment of State and the United States Agency subsection (a). Secretary for Economic Growth, Energy, and for Global Media shall submit to the appro- (2) DEFINITION.—In this subsection, the the Environment, the Undersecretary for priate congressional committees and the term ‘‘gap memo’’ has the meaning given Management, the Undersecretary of State Secretary of State a report in unclassified such term in subsection (c) of section 603 of for Political Affairs, and the Undersecretary form detailing the following: the Foreign Service Act of 1980. for Public Diplomacy and Public Affairs. (A) The number of individuals who have TITLE IV—A DIVERSE WORKFORCE: RE- (E) Individuals serving in the 5-year period failed to comply within 60 days with a re- CRUITMENT, RETENTION, AND PRO- ending on the date of the enactment of this quest for an interview or access to docu- MOTION Act in each bureau’s front office. ments from the Office of the Inspector Gen- SEC. 1401. DEFINITIONS. (F) Individuals serving in the 5-year period eral pertaining to a non-criminal matter. In this title: ending on the date of the enactment of this (B) The date on which such requests were (1) APPLICANT FLOW DATA.—The term ‘‘ap- Act as detailees to the National Security initially made. plicant flow data’’ means data that tracks Council.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2443 (G) Individuals serving on applicable selec- increase representation in international af- (1) track demographic data relating to par- tion boards. fairs of people belonging to traditionally ticipants in professional development pro- (H) Members of any external advisory com- under-represented groups; grams and the rate of placement into senior mittee or board who are subject to appoint- (G) offering the Foreign Service written positions for participants in such programs; ment by individuals at senior positions in and oral assessment examinations in several (2) annually evaluate such data— the Department. locations throughout the United States to (A) to identify ways to improve outreach (I) Individuals participating in professional reduce the burden of applicants having to and recruitment for such programs, con- development programs of the Department, travel at their own expense to take either or sistent with merit system principles; and and the extent to which such participants both such examinations; (B) to understand the extent to which par- have been placed into senior positions within (H) expanding the use of paid internships; ticipation in any professional development the Department after such participation. and program offered or sponsored by the Depart- (J) Individuals participating in mentorship (I) supporting recruiting and hiring oppor- ment differs among the demographic cat- or retention programs. tunities through— egories of the workforce; and (K) Individuals who separated from the (i) the Charles B. Rangel International Af- (3) actively encourage participation from a agency during the 5-year period ending on fairs Fellowship Program; range of demographic categories, especially the date of the enactment of this Act, in- (ii) the Thomas R. Pickering Foreign Af- from categories with consistently low par- cluding individuals in the Senior Executive fairs Fellowship Program; and ticipation, in such professional development Service or the Senior Foreign Service. (iii) other initiatives, including agency- programs. (2) An assessment of agency compliance wide policy initiatives. SEC. 1404. RECRUITMENT AND RETENTION. with the essential elements identified in (e) ANNUAL UPDATES.—Not later than one (a) IN GENERAL.—The Secretary of State Equal Employment Opportunity Commission year after the publication of the report re- shall— Management Directive 715, effective October quired under subsection (a) and annually (1) continue to seek a diverse and talented 1, 2003. thereafter for the following five years, the pool of applicants; and (3) Data on the overall number of individ- Secretary of State shall work with the Di- (2) instruct the Director General of the uals who are part of the workforce, the per- rector of the Office of Personnel Manage- Foreign Service and the Director of the Bu- centages of such workforce corresponding to ment and the Director of the Office of Man- reau of Human Resources of the Department each element specified in section 1401(4), and agement and Budget to provide a report to of State to have a recruitment plan of action the percentages corresponding to each rank, the appropriate congressional committees, for the recruitment of people belonging to grade, or grade-equivalent. which shall be posted on the Department’s traditionally under-represented groups, (c) RECOMMENDATION.—The Secretary of website, which may be included in another which should include outreach at appro- State may include in the report under sub- annual report required under another provi- priate colleges, universities, affinity groups, section (a) a recommendation to the Direc- sion of law, that includes— and professional associations. tor of Office of Management and Budget and (1) disaggregated demographic data, to the (b) SCOPE.—The diversity recruitment ini- to the appropriate congressional committees maximum extent collection of such data is regarding whether the Department of State tiatives described in subsection (a) shall in- permissible by law, relating to the workforce clude— should be permitted to collect more detailed and information on the status of diversity data on demographic categories in addition (1) recruiting at women’s colleges, histori- and inclusion efforts of the Department; cally Black colleges and universities, minor- to the race and ethnicity categories specified (2) an analysis of applicant flow data, to in the Office of Management and Budget sta- ity-serving institutions, and other institu- the maximum extent collection of such data tistical policy directive entitled ‘‘Standards tions serving a significant percentage of mi- is permissible by law,; and for Maintaining, Collecting, and Presenting nority students; (3) disaggregated demographic data relat- Federal Data on Race and Ethnicity’’ (81 (2) placing job advertisements in news- ing to participants in professional develop- Fed. Reg. 67398), in order to comply with the papers, magazines, and job sites oriented to- intent and requirements of this Act. ment programs of the Department and the ward diverse groups; (d) OTHER CONTENTS.—The report under rate of placement into senior positions for (3) sponsoring and recruiting at job fairs in subsection (a) shall also describe and assess participants in such programs. urban and rural communities and land-grant the effectiveness of the efforts of the Depart- SEC. 1403. EXIT INTERVIEWS FOR WORKFORCE. colleges or universities; ment of State— (a) RETAINED MEMBERS.—The Director Gen- (4) providing opportunities through highly (1) to propagate fairness, impartiality, and eral of the Foreign Service and the Director respected, international leadership pro- inclusion in the work environment, both do- of the Bureau of Human Resources or its grams, that focus on diversity recruitment mestically and abroad; equivalent shall conduct periodic interviews and retention; (2) to enforce anti-harassment and anti-dis- with a representative and diverse cross-sec- (5) expanding the use of paid internships; crimination policies, both domestically and tion of the workforce of the Department of and at posts overseas; State— (6) cultivating partnerships with organiza- (3) to refrain from engaging in unlawful (1) to understand the reasons of individuals tions dedicated to the advancement of the discrimination in any phase of the employ- in such workforce for remaining in a position profession of international affairs and na- ment process, including recruitment, hiring, in the Department; and tional security to advance shared diversity evaluation, assignments, promotion, reten- (2) to receive feedback on workplace poli- goals. tion, and training; cies, professional development opportunities, (c) EXPAND TRAINING ON ANTI-HARASSMENT (4) to prevent retaliation against employ- and other issues affecting the decision of in- AND ANTI-DISCRIMINATION.— ees for participating in a protected equal em- dividuals in the workforce to remain in the (1) IN GENERAL.—The Secretary of State ployment opportunity activity or for report- Department. shall, through the Foreign Service Institute ing sexual harassment or sexual assault; (b) DEPARTING MEMBERS.—The Director and other educational and training opportu- (5) to provide reasonable accommodation General of the Foreign Service and the Di- nities— for qualified employees and applicants with rector of the Bureau of Human Resources or (A) ensure the provision to all individuals disabilities; and its equivalent shall provide an opportunity in the workforce of training on anti-harass- (6) to recruit a representative workforce for an exit interview to each individual in ment and anti-discrimination information by— the workforce of the Department of State and policies, including in existing Foreign (A) recruiting women, persons with disabil- who separates from service with the Depart- Service Institute courses or modules ities, and minorities; ment to better understand the reasons of prioritized in the Department of State’s Di- (B) recruiting at women’s colleges, histori- such individual for leaving such service. versity and Inclusion Strategic Plan for 2016– cally Black colleges and universities, minor- (c) USE OF ANALYSIS FROM INTERVIEWS.— 2020 to promote diversity in Bureau awards ity-serving institutions, and other institu- The Director General of the Foreign Service or mitigate unconscious bias; tions serving a significant percentage of mi- and the Director of the Bureau of Human Re- (B) expand the provision of training on nority students; sources or its equivalent shall analyze demo- workplace rights and responsibilities to (C) placing job advertisements in news- graphic data and other information obtained focus on anti-harassment and anti-discrimi- papers, magazines, and job sites oriented to- through interviews under subsections (a) and nation information and policies, including ward women and minorities; (b) to determine— policies relating to sexual assault prevention (D) sponsoring and recruiting at job fairs (1) to what extent, if any, the diversity of and response; and in urban and rural communities and land- those participating in such interviews im- (C) make such expanded training manda- grant colleges or universities; pacts the results; and tory for— (E) providing opportunities through the (2) whether to implement any policy (i) individuals in senior and supervisory po- Foreign Service Internship Program under changes or include any recommendations in sitions; chapter 12 of the Foreign Service Act of 1980 a report required under subsection (a) or (e) (ii) individuals having responsibilities re- (22 U.S.C. 4141 et seq.) and other hiring ini- of section 1402 relating to the determination lated to recruitment, retention, or pro- tiatives; reached pursuant to paragraph (1). motion of employees; and (F) recruiting mid-level and senior-level (d) TRACKING DATA.—The Department of (iii) any other individual determined by professionals through programs designed to State shall— the Department who needs such training

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based on analysis by the Department or OPM SEC. 1407. PROFESSIONAL DEVELOPMENT OP- (b) REVIEW OF PAST PROGRAMS.—The Sec- analysis. PORTUNITIES AND TOOLS. retary of State shall review past programs (2) BEST PRACTICES.—The Department of (a) EXPAND PROVISION OF PROFESSIONAL DE- designed to increase minority representation State shall give special attention to ensuring VELOPMENT AND CAREER ADVANCEMENT OP- in international affairs positions. the continuous incorporation of research- PORTUNITIES.— SEC. 1410. VOLUNTARY PARTICIPATION. based best practices in training provided (1) IN GENERAL.—The Secretary of State is (a) IN GENERAL.—Nothing in this title under this subsection. authorized to expand professional develop- should be construed so as to compel any em- SEC. 1405. PROMOTING DIVERSITY AND INCLU- ment opportunities that support the mission ployee to participate in the collection of the SION IN THE NATIONAL SECURITY needs of the Department of State, such as— data or divulge any personal information. WORKFORCE. (A) academic programs; Department of State employees shall be in- (a) IN GENERAL.—The Secretary of State (B) private-public exchanges; and formed that their participation in the data shall ensure that individuals in senior and (C) detail assignments to relevant posi- collection contemplated by this title is vol- supervisory positions of the Department of tions in— untary. State, or Department individuals having re- (i) private or international organizations; (b) PRIVACY PROTECTION.—Any data col- sponsibilities related to recruitment, reten- (ii) State, local, and Tribal governments; lected under this title shall be subject to the tion, or promotion of employees, should have (iii) other branches of the Federal Govern- relevant privacy protection statutes and reg- a demonstrated commitment to equal oppor- ment; or ulations applicable to Federal employees. tunity, diversity, and inclusion. (iv) professional schools of international TITLE V—INFORMATION SECURITY (b) CONSIDERATION.—In making any rec- affairs. SEC. 1501. DEFINITIONS. ommendations on nominations, conducting (2) TRAINING FOR SENIOR POSITIONS.— In this title: interviews, identifying or selecting can- (A) IN GENERAL.—The Secretary of State (1) INTELLIGENCE COMMUNITY.—The term didates, or appointing acting individuals for shall offer, or sponsor members of the work- ‘‘intelligence community’’ has the meaning positions equivalent to an Assistant Sec- force to participate in, a Senior Executive given such term in section 3(4) of the Na- retary or above, the Secretary of State shall Service candidate development program or tional Security Act of 1947 (50 U.S.C. 3003(4)). use best efforts to consider at least one indi- other program that trains members on the (2) RELEVANT CONGRESSIONAL COMMIT- vidual reflective of diversity. skills required for appointment to senior po- TEES.—The term ‘‘relevant congressional (c) ESTABLISHMENT.— sitions in the Department of State. committees’’ means— (1) IN GENERAL.—The Secretary of State (B) REQUIREMENTS.—In determining which (A) the appropriate congressional commit- shall establish a mechanism to ensure that members of the workforce are granted pro- tees; appointments or details of Department of fessional development or career advance- (B) the Select Committee on Intelligence State employees to staff positions in the Of- ment opportunities under subparagraph (A), of the Senate; and fices of the Secretary, the Deputy Secretary, the Secretary of State shall— (C) the Permanent Select Committee on the Counselor of the Department, the Sec- (i) ensure any program offered or sponsored Intelligence of the House of Representatives. retary’s Policy Planning Staff, or any of the by the Department of State under such sub- SEC. 1502. LIST OF CERTAIN TELECOMMUNI- Undersecretaries of State, and details to the paragraph comports with the requirements CATIONS PROVIDERS. National Security Council, are transparent, of subpart C of part 412 of title 5, Code of (a) LIST OF COVERED CONTRACTORS.—Not competitive, equitable, and inclusive, and Federal Regulations, or any successor there- later than 30 days after the date of the enact- made without regard to an individual’s race, to, including merit staffing and assessment ment of this Act, the Secretary of State, in color, religion, sex (including pregnancy, requirements; consultation with the Director of National transgender status, or sexual orientation), (ii) consider the number of expected vacan- Intelligence, shall develop or maintain, as national origin, age (if 40 or older), dis- cies in senior positions as a factor in deter- the case may be, and update as frequently as ability, or genetic information. mining the number of candidates to select the Secretary determines appropriate, a list (2) REPORT.—Not later than 90 days after for such programs; of covered contractors with respect to which the date of the enactment of this Act, the (iii) understand how participation in any the Department should seek to avoid enter- Secretary of State shall submit to the appro- program offered or sponsored by the Depart- ing into contracts. Not later than 30 days priate congressional committees a report re- ment under such subparagraph differs by after the initial development of the list under this subsection, any update thereto, garding the mechanism required under para- gender, race, national origin, disability sta- and annually thereafter for five years after graph (1). tus, or other demographic categories; and (d) AVAILABILITY.—The Secretary of State such initial 30 day period, the Secretary (iv) actively encourage participation from shall use best efforts to consider at least one shall submit to the appropriate congres- a range of demographic categories, espe- individual reflective of diversity for the staff sional committees a copy of such list. cially from categories with consistently low positions specified in subsection (c)(1) and (b) COVERED CONTRACTOR DEFINED.—In this participation. ensure such positions are equitably available section, the term ‘‘covered contractor’’ to employees of the civil service and Foreign SEC. 1408. EXAMINATION AND ORAL ASSESSMENT means a provider of telecommunications, FOR THE FOREIGN SERVICE. Service. telecommunications equipment, or informa- (a) SENSE OF CONGRESS.—It is the sense of SEC. 1406. LEADERSHIP ENGAGEMENT AND AC- tion technology equipment, including hard- COUNTABILITY. Congress that the Department of State ware, software, or services, that has know- (a) REWARD AND RECOGNIZE EFFORTS TO should offer both the Foreign Service writ- ingly assisted or facilitated a cyber attack PROMOTE DIVERSITY AND INCLUSION.— ten examination and oral assessment in or conducted surveillance, including passive (1) IN GENERAL.—The Secretary of State more locations throughout the United or active monitoring, carried out against— shall implement performance and advance- States. Doing so would ease the financial (1) the United States by, or on behalf of, ment requirements that reward and recog- burden on potential candidates who do not any government, or persons associated with nize the efforts of individuals in senior posi- currently reside in and must travel at their such government, listed as a cyber threat tions and supervisors in the Department of own expense to one of the few locations actor in the intelligence community’s 2017 State in fostering an inclusive environment where these assessments are offered. assessment of worldwide threats to United and cultivating talent consistent with merit (b) FOREIGN SERVICE EXAMINATIONS.—Sec- States national security or any subsequent system principles, such as through participation 301(b) of the Foreign Service Act of 1980 worldwide threat assessment of the intel- tion in mentoring programs or sponsorship (22 U.S.C. 3941) is amended— ligence community; or initiatives, recruitment events, and other (1) by striking ‘‘The Secretary’’ and insert- (2) individuals, including activists, journalists, opposition politicians, or other individ- similar opportunities. ing: ‘‘(1) The Secretary’’; and uals for the purposes of suppressing dissent (2) OUTREACH EVENTS.—The Secretary of (2) by adding at the end the following new or intimidating critics, on behalf of a coun- State shall create opportunities for individ- paragraph: try included in the annual country reports uals in senior positions and supervisors in ‘‘(2) The Secretary shall ensure that the on human rights practices of the Department the Department of State to participate in Board of Examiners for the Foreign Service for systematic acts of political repression, outreach events and to discuss issues relat- annually offers the oral assessment examina- including arbitrary arrest or detention, toring to diversity and inclusion with the work- tions described in paragraph (1) in cities, ture, extrajudicial or politically motivated force on a regular basis, including with em- chosen on a rotating basis, located in at killing, or other gross violations of human ployee resource groups. least three different time zones across the rights. (b) EXTERNAL ADVISORY COMMITTEES AND United States.’’. SEC. 1503. PRESERVING RECORDS OF ELEC- BOARDS.—For each external advisory com- SEC. 1409. PAYNE FELLOWSHIP AUTHORIZATION. TRONIC COMMUNICATIONS CON- mittee or board to which individuals in sen- (a) IN GENERAL.—Undergraduate and grad- DUCTED RELATED TO OFFICIAL DU- ior positions in the Department of State ap- uate components of the Donald M. Payne TIES OF POSITIONS IN THE PUBLIC point members, the Secretary of State is International Development Fellowship Pro- TRUST OF THE AMERICAN PEOPLE. strongly encouraged by Congress to ensure gram may conduct outreach to attract out- (a) SENSE OF CONGRESS.—It is the sense of such external advisory committee or board is standing students with an interest in pur- Congress that all officers and employees of developed, reviewed, and carried out by suing a Foreign Service career who represent the Department and the United States Agen- qualified teams that represent the diversity diverse ethnic and socioeconomic back- cy for International Development are obli- of the organization. grounds. gated under chapter 31 of title 44, United

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2445 States Code (popularly referred to as the nizations, and companies that comply with as determined by the Department of State, Federal Records Act of 1950), to create and the requirements of the process are pro- and receive a determination as to eligibility preserve records containing adequate and tected from prosecution under section 1030 of for participation in such pilot program; proper documentation of the organization, title 18, United States Code, and similar pro- (G) engage qualified interested persons, in- functions, policies, decisions, procedures, visions of law for specific activities author- cluding nongovernmental sector representa- and essential transactions or operations of ized under the process; tives, about the structure of such pilot pro- the Department and United States embas- (F) consult with the relevant offices at the gram as constructive and to the extent prac- sies, consulates, and missions abroad, includ- Department of Defense that were responsible ticable; and ing records of official communications with for launching the 2016 Vulnerability Disclo- (H) consult with relevant United States foreign government officials or other foreign sure Program, ‘‘Hack the Pentagon’’, and Government officials to ensure that such entities. subsequent Department of Defense bug boun- pilot program complements persistent net- (b) CERTIFICATION.—Not later than 180 days ty programs; work and vulnerability scans of the Depart- after the date of the enactment of this Act, (G) engage qualified interested persons, in- ment of State’s internet-accessible systems, the Secretary shall submit to the appro- cluding nongovernmental sector representa- such as the scans conducted pursuant to priate congressional committees a certifi- tives, about the structure of the process as Binding Operational Directive BOD–19–02 or cation in unclassified form that Secretary constructive and to the extent practicable; successor directive. has communicated to all Department per- and (3) DURATION.—The pilot program estab- sonnel, including the Secretary of State and (H) award contracts to entities, as nec- lished under paragraph (1) should be short- all political appointees, that such personnel essary, to manage the process and imple- term in duration and not last longer than are obligated under chapter 31 of title 44, ment the remediation of discovered security one year. United States Code, to treat electronic mes- vulnerabilities. (4) REPORT.—Not later than 180 days after saging systems, software, and applications as (3) ANNUAL REPORTS.—Not later than 180 the date on which the bug bounty pilot pro- equivalent to electronic mail for the purpose days after the establishment of the VDP gram under subsection (a) is completed, the of identifying Federal records. under paragraph (1) and annually thereafter Secretary of State shall submit to the Com- SEC. 1504. FOREIGN RELATIONS OF THE UNITED for the next five years, the Secretary of mittee on Foreign Relations of the Senate STATES (FRUS) SERIES AND DECLAS- State shall submit to the Committee on For- and the Committee on Foreign Affairs of the SIFICATION. eign Affairs of the House of Representatives House of Representatives a report on such The State Department Basic Authorities and the Committee on Foreign Relations of pilot program, including information relat- Act of 1956 is amended— the Senate a report on the VDP, including ing to— (1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), information relating to the following: (A) the number of approved individuals, or- by striking ‘‘26’’ and inserting ‘‘20’’; and (A) The number and severity of all security ganizations, or companies involved in such (2) in section 404 (22 U.S.C. 4354)— vulnerabilities reported. pilot program, broken down by the number (A) in subsection (a)(1), by striking (B) The number of previously unidentified of approved individuals, organizations, or ‘‘30’’and inserting ‘‘25’’; and security vulnerabilities remediated as a re- companies that— (B) in subsection (c)(1)(C), by striking ‘‘30’’ sult. (i) registered; and inserting ‘‘25’’. (C) The current number of outstanding pre- (ii) were approved; SEC. 1505. VULNERABILITY DISCLOSURE POLICY viously unidentified security vulnerabilities (iii) submitted security vulnerabilities; AND BUG BOUNTY PILOT PROGRAM. and Department of State remediation plans. and (a) DEFINITIONS.—In this section: (D) The average length of time between the (iv) received compensation; (1) BUG BOUNTY PROGRAM.—The term ‘‘bug reporting of security vulnerabilities and re- (B) the number and severity of all security bounty program’’ means a program under mediation of such vulnerabilities. vulnerabilities reported as part of such pilot which an approved individual, organization, (E) The resources, surge staffing, roles, and program; or company is temporarily authorized to responsibilities within the Department used (C) the number of previously unidentified identify and report vulnerabilities of inter- to implement the VDP and complete secu- security vulnerabilities remediated as a re- net-facing information technology of the De- rity vulnerability remediation. sult of such pilot program; partment of State in exchange for compensa- (F) Any other information the Secretary (D) the current number of outstanding pre- tion. determines relevant. viously unidentified security vulnerabilities (2) INFORMATION TECHNOLOGY.—The term (c) BUG BOUNTY PILOT PROGRAM.— and Department remediation plans; ‘‘information technology’’ has the meaning (1) IN GENERAL.—Not later than one year (E) the average length of time between the given such term in section 11101 of title 40, after the date of the enactment of this Act, reporting of security vulnerabilities and re- United States Code. the Secretary of State shall establish a bug mediation of such vulnerabilities; (b) VULNERABILITY DISCLOSURE PROCESS.— bounty pilot program to minimize security (F) the types of compensation provided (1) IN GENERAL.—Not later than 180 days vulnerabilities of internet-facing informa- under such pilot program; and after the date of the enactment of this Act, tion technology of the Department of State. (G) the lessons learned from such pilot pro- the Secretary of State shall design, estab- (2) REQUIREMENTS.—In establishing the gram. lish, and make publicly known a Vulner- pilot program described in paragraph (1), the (d) USE OF FUNDS.—Compensation offered ability Disclosure Process (VDP) to improve Secretary of State shall— by the Department subject to this section Department of State cybersecurity by— (A) provide compensation for reports of shall be funded by amounts appropriated (A) providing security researchers with previously unidentified security pursuant to— clear guidelines for— vulnerabilities within the websites, applica- (1) the authorization of appropriations (i) conducting vulnerability discovery actions, and other internet-facing information under section 1001; and tivities directed at Department information technology of the Department of State that (2) any other Act. technology; and are accessible to the public; TITLE VI—PUBLIC DIPLOMACY (ii) submitting discovered security (B) award contracts to entities, as nec- SEC. 1601. SHORT TITLE. vulnerabilities to the Department; and essary, to manage such pilot program and for This title may be cited as the ‘‘Public Di- (B) creating Department procedures and executing the remediation of security plomacy Modernization Act of 2021’’. infrastructure to receive and fix discovered vulnerabilities identified pursuant to sub- SEC. 1602. AVOIDING DUPLICATION OF PRO- vulnerabilities. paragraph (A); GRAMS AND EFFORTS. (2) REQUIREMENTS.—In establishing the (C) identify which Department of State in- The Secretary of State shall— VDP pursuant to paragraph (1), the Sec- formation technology should be included in (1) identify opportunities for greater effi- retary of State shall— such pilot program; ciency of operations, including through im- (A) identify which Department of State in- (D) consult with the Attorney General on proved coordination of efforts across public formation technology should be included in how to ensure that individuals, organiza- diplomacy bureaus and offices of the Depart- the process; tions, or companies that comply with the re- ment of State; and (B) determine whether the process should quirements of such pilot program are pro- (2) maximize shared use of resources be- differentiate among and specify the types of tected from prosecution under section 1030 of tween, and within, such public diplomacy bu- security vulnerabilities that may be tar- title 18, United States Code, and similar pro- reaus and offices in cases in which programs, geted; visions of law for specific activities author- facilities, or administrative functions are (C) provide a readily available means of re- ized under such pilot program; duplicative or substantially overlapping. porting discovered security vulnerabilities (E) consult with the relevant offices at the SEC. 1603. IMPROVING RESEARCH AND EVALUA- and the form in which such vulnerabilities Department of Defense that were responsible TION OF PUBLIC DIPLOMACY. should be reported; for launching the 2016 ‘‘Hack the Pentagon’’ (a) RESEARCH AND EVALUATION ACTIVI- (D) identify which Department offices and pilot program and subsequent Department of TIES.—The Secretary of State, acting positions will be responsible for receiving, Defense bug bounty programs; through the Director of Research and Eval- prioritizing, and addressing security vulner- (F) develop a process by which an approved uation appointed pursuant to subsection (b), ability disclosure reports; individual, organization, or company can shall— (E) consult with the Attorney General re- register with the entity referred to in sub- (1) conduct regular research and evaluation garding how to ensure that individuals, orga- paragraph (B), submit to a background check of public diplomacy programs and activities

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STREAMLINING OF SUPPORT FUNC- (2) make available to Congress the findings (3) SENSE OF CONGRESS.—It is the sense of TIONS. of the research and evaluations conducted Congress that the Department of State (a) WORKING GROUP ESTABLISHED.—Not under paragraph (1). should gradually increase its allocation of later than 60 days after the date of the enact- (b) DIRECTOR OF RESEARCH AND EVALUA- funds made available under the headings ment of this Act, the Secretary of State TION.— ‘‘Educational and Cultural Exchange Pro- shall establish a working group to explore (1) APPOINTMENT.—Not later than 90 days grams’’ and ‘‘Diplomatic Programs’’ for re- the possibilities and cost-benefit analysis of after the date of the enactment of this Act, search and evaluation of public diplomacy transitioning to a shared services model as the Secretary of State shall appoint a Direc- programs and activities of the Department such pertains to human resources, travel, tor of Research and Evaluation (referred to pursuant to subsection (b) to a percentage of purchasing, budgetary planning, and all in this subsection as the ‘‘Director’’) in the program funds that is commensurate with other executive support functions for all bu- Office of Policy, Planning, and Resources for Federal Government best practices. reaus of the Department that report to the Public Diplomacy and Public Affairs of the (d) LIMITED EXEMPTION RELATING TO THE Under Secretary for Public Diplomacy of the Department. PAPERWORK REDUCTION ACT.—Chapter 35 of Department. (2) LIMITATION ON APPOINTMENT.—The ap- title 44, United States Code (commonly (b) REPORT.—Not later than 180 days after pointment of the Director pursuant to para- known as the ‘‘Paperwork Reduction Act’’) the date of the enactment of this Act, the graph (1) shall not result in an increase in shall not apply to the collection of informa- Secretary of State shall submit to the appro- the overall full-time equivalent positions tion directed at any individuals conducted priate congressional committees a plan to within the Department of State. by, or on behalf of, the Department of State implement any such findings of the working (3) RESPONSIBILITIES.—The Director shall— for the purpose of audience research, moni- group established under subsection (a). (A) coordinate and oversee the research toring, and evaluations, and in connection SEC. 1606. GUIDANCE FOR CLOSURE OF PUBLIC and evaluation of public diplomacy programs with the Department’s activities conducted DIPLOMACY FACILITIES. and activities of the Department of State in pursuant to any of the following: (a) IN GENERAL.—Not later than 180 days order to— (1) The Mutual Educational and Cultural after the date of the enactment of this Act, (i) improve public diplomacy strategies Exchange Act of 1961 (22 U.S.C. 2451 et seq.). the Secretary of State shall adopt, and in- and tactics; and (2) Section 1287 of the National Defense Au- clude in the Foreign Affairs Manual, guide- (ii) ensure that such programs and activi- thorization Act for Fiscal Year 2017 (Public lines to collect and utilize information from ties are increasing the knowledge, under- Law 114–328; 22 U.S.C. 2656 note). each diplomatic post at which the construc- standing, and trust of the United States by (3) The Foreign Assistance Act of 1961 (22 tion of a new embassy compound or new con- relevant target audiences; U.S.C. 2151 et seq.). sulate compound would result in the closure (B) routinely organize and oversee audi- (e) LIMITED EXEMPTION RELATING TO THE or co-location of an American Space, Amer- ence research, digital analytics, and impact PRIVACY ACT.— ican Center, American Corner, or any other evaluations across all public diplomacy bu- (1) IN GENERAL.—The Department of State public diplomacy facility under the Secure reaus and offices of the Department; shall maintain, collect, use, and disseminate Embassy Construction and Counterterrorism (C) support United States diplomatic posts’ records (as such term is defined in section Act of 1999 (22 U.S.C. 4865 et seq.). public affairs sections; 552a(a)(4) of title 5, United States Code) for (b) REQUIREMENTS.—The guidelines re- (D) share appropriate public diplomacy re- audience research, digital analytics, and im- quired by subsection (a) shall include the fol- search and evaluation information within pact evaluation of communications related lowing: the Department and with other appropriate to public diplomacy efforts intended for for- (1) Standardized notification to each chief Federal departments and agencies; eign audiences. of mission at a diplomatic post describing (E) regularly design and coordinate stand- (2) CONDITIONS.—Audience research, digital the requirements of the Secure Embassy ardized research questions, methodologies, analytics, and impact evaluations under Construction and Counterterrorism Act of and procedures to ensure that public diplo- paragraph (1) shall be— 1999 and the impact on the mission footprint macy programs and activities across all pub- (A) reasonably tailored to meet the pur- of such requirements. lic diplomacy bureaus and offices are de- poses of this subsection; and (2) An assessment and recommendations signed to meet appropriate foreign policy ob- (B) carried out with due regard for privacy from each chief of mission of potential im- jectives; and and civil liberties guidance and oversight. pacts to public diplomacy programming at (F) report biannually to the United States (f) UNITED STATES ADVISORY COMMISSION ON such diplomatic post if any public diplomacy Advisory Commission on Public Diplomacy, PUBLIC DIPLOMACY.— facility referred to in subsection (a) is closed (1) SUBCOMMITTEE FOR RESEARCH AND EVAL- through the Subcommittee on Research and or staff is co-located in accordance with such UATION.—The United States Advisory Com- Evaluation established pursuant to sub- Act. mission on Public Diplomacy shall establish section (f), regarding the research and eval- (3) A process by which assessments and a Subcommittee on Research and Evaluation uation of all public diplomacy bureaus and recommendations under paragraph (2) are to monitor and advise regarding audience re- offices. considered by the Secretary of State and the search, digital analytics, and impact evalua- (4) GUIDANCE AND TRAINING.—Not later than appropriate Under Secretaries and Assistant tions carried out by the Department of State one year after the appointment of the Direc- Secretaries of the Department. and the United States Agency for Global tor pursuant to paragraph (1), the Director (4) Notification to the appropriate congres- Media. shall develop guidance and training, includ- sional committees, prior to the initiation of (2) ANNUAL REPORT.—The Subcommittee on ing curriculum for use by the Foreign Serv- a new embassy compound or new consulate Research and Evaluation established pursu- ice Institute, for all public diplomacy offi- compound design, of the intent to close any ant to paragraph (1) shall submit to the ap- cers of the Department regarding the reading such public diplomacy facility or co-locate propriate congressional committees an an- and interpretation of public diplomacy pro- public diplomacy staff in accordance with nual report, in conjunction with the United gram and activity evaluation findings to en- such Act. States Advisory Commission on Public Di- sure that such findings and related lessons (c) REPORT.—Not later than one year after plomacy’s Comprehensive Annual Report on learned are implemented in the planning and the date of the enactment of this Act, the the performance of the Department and the evaluation of all public diplomacy programs Secretary of State shall submit to the appro- United States Agency for Global Media, de- and activities of the Department. priate congressional committees a report scribing all actions taken by the Sub- (c) PRIORITIZING RESEARCH AND EVALUA- containing the guidelines required under committee pursuant to paragraph (1) and TION.— subsection (a) and any recommendations for any findings made as a result of such ac- (1) IN GENERAL.—The head of the Office of any modifications to such guidelines. tions. Policy, Planning, and Resources for Public SEC. 1607. DEFINITIONS. Diplomacy and Public Affairs of the Depart- SEC. 1604. PERMANENT REAUTHORIZATION OF In this title: THE UNITED STATES ADVISORY UDIENCE RESEARCH ment of State shall ensure that research and COMMISSION ON PUBLIC DIPLO- (1) A .—The term ‘‘audi- evaluation of public diplomacy and activities MACY. ence research’’ means research conducted at of the Department, as coordinated and over- (a) IN GENERAL.—Section 1334 of the For- the outset of a public diplomacy program or seen by the Director pursuant to subsection eign Affairs Reform and Restructuring Act the outset of campaign planning and design (b), supports strategic planning and resource of 1998 (22 U.S.C. 6553) is amended— regarding specific audience segments to un- allocation across all public diplomacy bu- (1) in the section heading, by striking derstand the attitudes, interests, knowledge, reaus and offices of the Department. ‘‘SUNSET’’ and inserting ‘‘CONTINUATION’’; and and behaviors of such audience segments. (2) ALLOCATION OF RESOURCES.—Amounts (2) by striking ‘‘until October 1, 2021’’. (2) DIGITAL ANALYTICS.—The term ‘‘digital allocated for the purpose of research and (b) CLERICAL AMENDMENT.—The table of analytics’’ means the analysis of qualitative evaluation of public diplomacy programs and contents in section 1002(b) of the Foreign Af- and quantitative data, accumulated in dig- activities of the Department of State pursu- fairs Reform and Restructuring Act of 1998 is ital format, to indicate the outputs and out- ant to subsection (b) shall be made available amended by amending the item relating to comes of a public diplomacy program or to be disbursed at the direction of the Direc- section 1334 to read as follows: campaign.

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(3) IMPACT EVALUATION.—The term ‘‘impact (G) convicts and sentences persons respon- (2) describes the methodology and data uti- evaluation’’ means an assessment of the sible for such acts that take place wholly or lized in the assessments under subsection (a); changes in the audience targeted by a public partly within the country of such govern- and diplomacy program or campaign that can be ment, including, as appropriate, requiring (3) identifies the reasons for the identifica- attributed to such program or campaign. the incarceration of individuals convicted of tions referred to in paragraph (1). (4) PUBLIC DIPLOMACY BUREAUS AND OF- such acts; (d) BRIEFING IN LIEU OF REPORT.—The Sec- FICES.—The term ‘‘public diplomacy bureaus (H) holds private sector representatives ac- retary of State may waive the requirement and offices’’ means, with respect to the De- countable for their role in public corruption; to submit and make publicly available a partment, the following: and written report under subsection (c) if the (A) The Bureau of Educational and Cul- (I) addresses threats for civil society to Secretary— tural Affairs. monitor anti-corruption efforts; (1) determines that publication of such re- (B) The Bureau of Global Public Affairs. (3) further consider— port would— (C) The Office of Policy, Planning, and Re- (A) verifiable measures taken by the gov- (A) undermine existing United States anti- sources for Public Diplomacy and Public Af- ernment of a country identified under para- corruption efforts in one or more countries; fairs. graph (1) to prohibit government officials or (D) The Global Engagement Center. from participating in, facilitating, or (B) threaten the national interests of the (E) The public diplomacy functions within condoning public corruption, including the United States; and the regional and functional bureaus. investigation, prosecution, and conviction of (2) provides to the appropriate congres- TITLE VII—COMBATING PUBLIC such officials; sional committees a briefing that— CORRUPTION (B) the extent to which such government (A) identifies the countries described in SEC. 1701. SENSE OF CONGRESS. provides access, or, as appropriate, makes subsection (a)(1) and paragraphs (2) and (3) of It is the sense of Congress that— adequate resources available, to civil society subsection (b); (1) it is in the foreign policy interest of the organizations and other institutions to com- (B) describes the methodology and data United States to help foreign countries pro- bat public corruption, including reporting, utilized in the assessment under subsection mote good governance and combat public investigating, and monitoring; (a); and corruption; (C) the extent to which an independent ju- (C) identifies the reasons for the identifica- (2) multiple Federal departments and agen- diciary or judicial body in such country is tions referred to in subparagraph (A). cies operate programs that promote good responsible for, and effectively capable of, SEC. 1703. TRANSPARENCY AND ACCOUNT- governance in foreign countries and enhance deciding public corruption cases impartially, ABILITY. such countries’ ability to combat public cor- on the basis of facts and in accordance with For each country identified under para- ruption; and law, without any improper restrictions, in- graphs (2) and (3) of section 1702(b), the Sec- (3) the Department of State should— fluences, inducements, pressures, threats, or retary of State, in coordination with the Ad- (A) promote coordination among the Fed- interferences, whether direct or indirect, ministrator of the United States Agency for eral departments and agencies implementing from any source or for any reason; International Development, as appropriate, programs to promote good governance and (D) the extent to which such government shall— combat public corruption in foreign coun- cooperates meaningfully with the United (1) ensure that a corruption risk assess- tries in order to improve effectiveness and States to strengthen government and judi- ment and mitigation strategy is included in efficiency; and cial institutions and the rule of law to pre- the integrated country strategy for such (B) identify areas in which United States vent, prohibit, and punish public corruption; country; and efforts to help other countries promote good and (2) utilize appropriate mechanisms to com- governance and combat public corruption (E) the extent to which such government— bat corruption in such countries, including could be enhanced. (i) is assisting in international investiga- by ensuring— SEC. 1702. ANNUAL ASSESSMENT. tions of transnational public corruption net- (A) the inclusion of anti-corruption clauses (a) IN GENERAL.—For each of fiscal years works and in other cooperative efforts to in contracts, grants, and cooperative agree- 2022 through 2027, the Secretary of State combat serious, significant corruption, in- ments entered into by the Department of shall assess the capacity and commitment of cluding cooperating with the governments of State or the United States Agency for Inter- foreign governments to which the United other countries to extradite corrupt actors; national Development for or in such coun- States provides foreign assistance under the (ii) recognizes the rights of victims of pub- tries, which allow for the termination of Foreign Assistance Act of 1961 (22 U.S.C. 2151 lic corruption, ensures their access to jus- such contracts, grants, or cooperative agree- et seq.) or the Arms Export Control Act (22 tice, and takes steps to prevent such victims ments, as the case may be, without penalty U.S.C. 2751 et seq.) to combat public corrup- from being further victimized or persecuted if credible indicators of public corruption are tion. Each such assessment shall— by corrupt actors, government officials, or discovered; (1) utilize independent, third party indica- others; and (B) the inclusion of appropriate clawback tors that measure transparency, account- (iii) refrains from prosecuting legitimate or flowdown clauses within the procurement ability, and corruption in the public sector victims of public corruption or whistle- instruments of the Department of State and in such countries, including the extent to blowers due to such persons having assisted the United States Agency for International which public power is exercised for private in exposing public corruption, and refrains Development that provide for the recovery of gain, to identify those countries that are from other discriminatory treatment of such funds misappropriated through corruption; most vulnerable to public corruption; persons; and (C) the appropriate disclosure to the (2) consider, to the extent reliable informa- (4) contain such other information relating United States Government, in confidential tion is available, whether the government of to public corruption as the Secretary of form, if necessary, of the beneficial owner- a country identified under paragraph (1)— State considers appropriate. ship of contractors, subcontractors, grant- (A) has adopted measures to prevent public ees, cooperative agreement participants, and (b) IDENTIFICATION.—After conducting each corruption, such as measures to inform and other organizations implementing programs assessment under subsection (a), the Sec- educate the public, including potential vic- on behalf of the Department of State or the retary of State shall identify, of the coun- tims, about the causes and consequences of United States Agency for International De- tries described in subsection (a)(1)— public corruption; velopment; and (1) which countries are meeting minimum (B) has enacted laws and established gov- (D) the establishment of mechanisms for standards to combat public corruption; ernment structures, policies, and practices investigating allegations of misappropriated (2) which countries are not meeting such that prohibit public corruption; resources and equipment. (C) enforces such laws through a fair judi- minimum standards but are making significant efforts to do so; and SEC. 1704. DESIGNATION OF EMBASSY ANTI-COR- cial process; RUPTION POINTS OF CONTACT. (3) which countries are not meeting such (D) vigorously investigates, prosecutes, (a) IN GENERAL.—The Secretary of State convicts, and sentences public officials who minimum standards and are not making sig- shall annually designate an anti-corruption participate in or facilitate public corruption, nificant efforts to do so. point of contact at the United States diplo- including nationals of such country who are (c) REPORT.—Except as provided in sub- matic post to each country identified under deployed in foreign military assignments, section (d), not later than 180 days after the paragraphs (2) and (3) of section 1702(b), or trade delegations abroad, or other similar date of the enactment of this Act and annu- which the Secretary otherwise determines is missions who engage in or facilitate public ally thereafter through fiscal year 2027, the in need of such a point of contact. The point corruption; Secretary of State shall submit to the appro- of contact shall be the chief of mission or the (E) prescribes appropriate punishment for priate congressional committees, the Com- chief of mission’s designee. serious and significant corruption that is mittee on Appropriations of the House of (b) RESPONSIBILITIES.—Each anti-corrup- commensurate with the punishment pre- Representatives, and the Committee on Ap- tion point of contact designated under sub- scribed for serious crimes; propriations of the Senate a report, and section (a) shall be responsible for coordi- (F) prescribes appropriate punishment for make such report publicly available, that— nating and overseeing the implementation of significant corruption that provides a suffi- (1) identifies the countries described in a whole-of-government approach among the ciently stringent deterrent and adequately subsection (a)(1) and paragraphs (2) and (3) of relevant Federal departments and agencies reflects the nature of the offense; subsection (b); operating programs that—

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2448 CONGRESSIONAL RECORD — HOUSE May 18, 2021 (1) promote good governance in foreign (A) in subparagraph (A)— Armed Services of the House of Representa- countries; and (i) by inserting ‘‘, respectively,’’ after ‘‘ac- tives, and the Committee on Armed Services (2) enhance the ability of such countries cess cases’’; and of the Senate a report evaluating the efforts to— (ii) by inserting ‘‘and the number of chil- of the Coronavirus Repatriation Task Force (A) combat public corruption; and dren involved’’ before the semicolon at the of the Department of State to repatriate (B) develop and implement corruption risk end; United States citizens and legal permanent assessment tools and mitigation strategies. (B) in subparagraph (D), by inserting ‘‘re- residents in response to the 2020 coronavirus (c) TRAINING.—The Secretary of State shall spectively, the number of children involved,’’ outbreak. The report shall identify— implement appropriate training for anti-cor- after ‘‘access cases,’’; (1) the most significant impediments to re- ruption points of contact designated under (2) in paragraph (7), by inserting ‘‘, and patriating such persons; subsection (a). number of children involved in such cases’’ (2) the lessons learned from such repatri- TITLE VIII—OTHER MATTERS before the semicolon at the end; ations; and (3) any changes planned to future repatri- SEC. 1801. CASE-ZABLOCKI ACT REFORM. (3) in paragraph (8), by striking ‘‘and’’ after the semicolon at the end; ation efforts of the Department of State to Section 112b of title 1, United States Code, incorporate such lessons learned. is amended— (4) in paragraph (9), by striking the period (1) in subsection (a)— at the end and inserting ‘‘; and’’; and The SPEAKER pro tempore. Pursu- (A) in the first sentence, by striking (5) by adding at the end the following new ant to the rule, the gentleman from ‘‘sixty’’ and inserting ‘‘30’’; and paragraph: New York (Mr. MEEKS) and the gen- (B) in the second sentence, by striking ‘‘(10) the total number of pending cases the tleman from Texas (Mr. MCCAUL) each ‘‘Committee on International Relations’’ and Department of State has assigned to case of- will control 20 minutes. inserting ‘‘Committee on Foreign Affairs’’; ficers and number of children involved for The Chair recognizes the gentleman and each country and as a total for all countries.’’. from New York. (2) by amending subsection (b) to read as GENERAL LEAVE follows: SEC. 1804. MODIFICATION OF AUTHORITIES OF ‘‘(b) Each department or agency of the COMMISSION FOR THE PRESERVA- Mr. MEEKS. Madam Speaker, I ask TION OF AMERICA’S HERITAGE United States Government that enters into unanimous consent that all Members ABROAD. may have 5 legislative days in which to any international agreement described in (a) IN GENERAL.—Chapter 3123 of title 54, subsection (a) on behalf of the United States, United States Code, is amended as follows: revise and extend their remarks and in- shall designate a Chief International Agree- (1) In section 312302, by inserting ‘‘, and clude extraneous material on H.R. 1157, ments Officer, who— unimpeded access to those sites,’’ after ‘‘and as amended. ‘‘(1) shall be a current employee of such de- historic buildings’’. The SPEAKER pro tempore. Is there partment or agency; (2) In section 312304(a)— objection to the request of the gen- ‘‘(2) shall serve concurrently as Chief (A) in paragraph (2)— tleman from New York? International Agreements Officer; and (i) by striking ‘‘and historic buildings’’ and There was no objection. ‘‘(3) subject to the authority of the head of inserting ‘‘and historic buildings, and Mr. MEEKS. Madam Speaker, I yield such department or agency, shall have de- unimpeded access to those sites’’; and myself such time as I may consume. partment or agency-wide responsibility for (ii) by striking ‘‘and protected’’ and insert- Madam Speaker, I rise today in efficient and appropriate compliance with ing ‘‘, protected, and made accessible’’; and subsection (a) to transmit the text of any strong support of H.R. 1157, the Depart- (B) in paragraph (3), by striking ‘‘and pro- ment of State Authorization Act of international agreement to the Department tecting’’ and inserting ‘‘, protecting, and of State expeditiously after such agreement making accessible’’. 2021, which I have introduced alongside has been signed.’’. (3) In section 312305, by inserting ‘‘and to my good friend and partner, the rank- SEC. 1802. LIMITATION ON ASSISTANCE TO COUN- the Committee on Foreign Affairs of the ing member of the Foreign Affairs TRIES IN DEFAULT. House of Representatives and the Committee Committee, MIKE MCCAUL. Section 620(q) of the Foreign Assistance on Foreign Relations of the Senate’’ after H.R. 1157 is a comprehensive, bipar- Act of 1961 (22 U.S.C. 2370(q)) is amended— ‘‘President’’. tisan measure that builds on the work (1) by striking ‘‘No assistance’’ and insert- (b) REPORT.—Not later than 90 days after of several prior Congresses to broadly ing the following ‘‘(1) No assistance’’; the date of the enactment of this Act, the authorize the management and oper- (2) by inserting ‘‘the government of’’ before Commission for the Preservation of Amer- ‘‘any country’’; ica’s Heritage Abroad shall submit to the ation of the Department of State. This (3) by inserting ‘‘the government of’’ before President and to the Committee on Foreign sort of bill should be a regular part of ‘‘such country’’ each place it appears; Affairs of the House of Representatives and our work. (4) by striking ‘‘determines’’ and all that the Committee on Foreign Relations of the However, it has been nearly two dec- follows and inserting ‘‘determines, after con- Senate a report that contains an evaluation ades since the State Department au- sultation with the Committee on Foreign Af- of the extent to which the Commission is thorization bill was enacted into law. fairs and the Committee on Appropriations prepared to continue its activities and ac- With every passing year, this rep- of the House of Representatives and the complishments with respect to the foreign resents another missed opportunity to Committee on Foreign Relations and the heritage of United States citizens from east- ensure the Department of State and Committee on Appropriations of the Senate, ern and central Europe, were the Commis- that assistance for such country is in the na- sion’s duties and powers extended to include our Nation’s diplomats have the com- tional interest of the United States.’’; and other regions, including the Middle East and prehensive support they need to ad- (5) by adding at the end the following: North Africa, and any additional resources vance America’s interests around the ‘‘(2) No assistance shall be furnished under or personnel the Commission would require. world. this Act, the Peace Corps Act, the Millen- SEC. 1805. CHIEF OF MISSION CONCURRENCE. While we have made progress over nium Challenge Act of 2003, the African De- In the course of providing concurrence to the last couple of years, including in velopment Foundation Act, the BUILD Act the exercise of the authority pursuant to 2019, when the House passed an earlier of 2018, section 504 of the FREEDOM Support section 127e of title 10, United State Code, or version of this bill, we must finally Act, or section 23 of the Arms Export Control section 1202 of the National Defense Author- seize the historic opportunity to do Act to the government of any country which ization Act for Fiscal Year 2018— what we have failed to do in the past 10 is in default during a period in excess of 1 (1) each relevant chief of mission shall in- calendar year in payment to the United form and consult in a timely manner with Congresses. States of principal or interest or any loan relevant individuals at relevant missions or b 1215 made to the government of such country by bureaus of the Department of State; and Diplomacy and development are crit- the United States unless the President deter- (2) the Secretary of State shall take such mines, following consultation with the con- steps as may be necessary to ensure that ical tools for advancing the United gressional committees specified in paragraph such relevant individuals have the security States’ foreign policy and national se- (1), that assistance for such country is in the clearances necessary and access to relevant curity objectives, for protecting human national interest of the United States.’’. compartmented and special programs to so rights and the rule of law around the SEC. 1803. SEAN AND DAVID GOLDMAN CHILD AB- consult in a timely manner with respect to world, for deepening relationships with DUCTION PREVENTION AND RETURN such concurrence. America’s longstanding partners and ACT OF 2014 AMENDMENT. SEC. 1806. REPORT ON EFFORTS OF THE allies, and for forging new relation- Subsection (b) of section 101 of the Sean CORONAVIRUS REPATRIATION TASK and David Goldman International Child Ab- FORCE. ships around the world. duction Prevention and Return Act of 2014 Not later than 90 days after the date of the As the COVID–19 pandemic continues (22 U.S.C. 9111; Public Law 113–150) is amend- enactment of this Act, the Secretary of to threaten the globe, it has reminded ed— State shall submit to the appropriate con- us once again that diplomacy and de- (1) in paragraph (2)— gressional committees, the Committee on velopment are central to solving global

VerDate Sep 11 2014 06:06 May 19, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.001 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2449 conflicts and emergencies, keeping us gress has authorized the State Depart- which I introduced separately as H.R. safe and healthy, and enabling our ment. This is our obligation under Ar- 1244. Today many foreign service offi- countries and our communities to ticle I of the Constitution, and for 10 cers and State Department staff spend thrive. Congresses, we have failed in that mis- an outsized amount of their time com- But at the State Department, there sion. plying with duplicative and outdated are also several vexing management I am very proud today that, working reporting requirements mandated by challenges that have gone unaddressed with the chairman, we are going to get Congress. for too long, and the politicization, ne- this thing done and send it over to the H.R. 1244 repeals those requirements glect, and slashing of resources we saw Senate. 2002 was the last time. In the to streamline the flow of information during the previous administration nearly 20 years since that authority from State Department to Congress made it harder for our diplomats to do lapsed, we have seen too many tax- and allow our foreign service officers their jobs. We must not only build the payer dollars wasted on inefficient to spend more time working toward ac- State Department back, as President hirings and procurements, an expand- complishing America’s foreign affairs Biden says, we must build it back bet- ing bureaucracy, and an outdated IT objectives. ter. system that left us vulnerable to I want to thank Mr. CONNOLLY for To be clear, diplomacy and develop- cyberattacks from our adversaries. also working with me on this initia- ment are not just about policy, but It is a fundamental duty of the For- tive, and I urge all of my colleagues to about the brave and dedicated public eign Affairs Committee to pass an an- support H.R. 1157. servants who work tirelessly to keep nual authorization bill, just like we Mr. MEEKS. Madam Speaker, I re- our country safe. Yet, while the De- pass a national defense authorization serve the balance of my time. partment of State represents the inter- bill. This is necessary to fulfill our con- Mr. MCCAUL. Madam Speaker, I am ests of the American people abroad, it stitutional oversight responsibilities prepared to close, and I yield myself has not looked like the America it and our obligation to be good stewards such time as I may consume. Madam Speaker, I think this is a mo- serves. So, among the many important of the people’s money. mentous day for the Congress. I want management-related provisions in H.R. For these reasons I am proud, again, to thank my friend and colleague, 1157, I am particularly proud of those of this bipartisan effort our committee Chairman MEEKS, for his great leader- has produced, as we often do. It will ad- aimed at ensuring a more diverse, equi- ship in bringing this long-overdue au- dress numerous longstanding difficul- table, and inclusive workforce. thorization bill to the floor. This bill mandates disaggregated and ties. It will fortify the Department and I also want to thank former chair- transparent data collection and pro- our diplomats with the tools needed to man Eliot Engel, who I worked with vides for vital tools to improve the fulfill their missions to promote Amer- very closely to get an authorization ability of the State Department to re- ica overseas and enhance our security bill passed out of the House, just to see cruit, promote, and retain personnel. It abroad. it fail in the Senate. I hope the Senate pushes for greater transparency and Among other important reforms, the will not allow that to happen again. inclusivity in filling senior leadership bill before us will modernize the State This is really desperately needed. It is roles and seeks to address the black Department workforce, eliminate out- a momentous day for the House. It is box of assignment restrictions accom- dated reports, bolster embassy and in- critical. It is bipartisan. It reclaims panying some State Department em- formation security, strengthen the our constitutional prerogatives of the ployees’ security clearances that have State Department’s diplomacy and Congress and the full oversight role of negatively impacted Asian Americans anticorruption efforts, and reassert the the Committee on Foreign Affairs. I and other people of color. Article I prerogatives of the United think it demands our unanimous sup- It also ensures that the Department States Congress. port. can pay its interns, exposing many As the United States faces growing I yield back the balance of my time. more young Americans from across our challenges around the world, we need Mr. MEEKS. Madam Speaker, I yield great country to the important work our Secretary and diplomats to know myself such time as I may consume for that the Department does around the that Congress supports them, and that closing purposes. world and ensuring a strong and di- is precisely what this bill does. Let me thank Ranking Member verse pipeline of talent over the long Madam Speaker, I want to thank, MCCAUL for his partnership in bringing term. again, Chairman MEEKS, for his great this bipartisan bill to the floor. I join By shoring up other institutional ac- leadership and his team and staff for him in also recognizing former chair countability and management safe- working with mine. This type of col- Eliot Engel and what they attempted guards, including to ensure cooperation laboration has been a hallmark of our to do in the previous Congress to make with the inspector general’s investiga- work on this committee, and I know this happen. It would not have hap- tions, the bill will also help to prevent that it will continue to be so. pened had we not had the work and the the politicized targeting and impunity Again, this bill having lapsed for continuous cooperation of both of our that has caused so much harm to the nearly 20 years, it is long overdue. This staffs in putting this bill together, so I members of the workforce and their bill deserves our unanimous support. am thankful to them. morale. Madam Speaker, I reserve the bal- When we talk about H.R. 1157, the We can, and we must, move this bi- ance of my time. Department of State Authorization Act partisan legislation forward and get Mr. MEEKS. Madam Speaker, I re- of 2021, it is going to make the State Congress back on track to doing right serve the balance of my time. Department better prepared to conduct by our great diplomats, our develop- Mr. MCCAUL. Madam Speaker, I diplomacy and meet the challenges ment professionals, and the American yield 2 minutes to the gentlewoman that we have of the 21st century. people we all serve. from California (Mrs. KIM), an es- Congress must make authorizing the I urge my colleagues to support this teemed member of the Committee on Department of State a regular part of measure so that we can move it one Foreign Affairs. its legislative efforts. As the ranking step closer to the President’s desk. Mrs. KIM of California. Madam member said, just as much as we pass Madam Speaker, I reserve the bal- Speaker, I am proud to stand in sup- bills for defense and NDAA, we must be ance of my time. port of H.R. 1157, the Department of sure that we are passing the State au- Mr. MCCAUL. Madam Speaker, I State Authorization Act of 2021. I want thorization bill. yield myself such time as I may con- to thank Chair MEEKS and Ranking What happens and will happen by sume. Member MCCAUL for their efforts to re- passing this bill, we can ensure that Madam Speaker, I want to commend form the State Department, including State has the tools that it needs so my good friend and colleague, Chair- offering improved job and skills train- that it can be more effective, more re- man MEEKS, for his strong bipartisan ing opportunities for foreign service of- silient, and more reflective of the approach on this measure to authorize ficers. America it represents abroad. This the State Department. As he men- I am honored to have two amend- should be, and I hope all of my col- tioned, it has been 20 years since Con- ments included in this bill, the first of leagues join me and Ranking Member

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.017 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2450 CONGRESSIONAL RECORD — HOUSE May 18, 2021 MCCAUL in supporting this bill in a better assess the reasons for the lack of, and legislation, the Financial Inclusion in unanimous way. help increase the participation of, under- Banking Act. Madam Speaker, I yield back the bal- banked, un-banked, and underserved con- This bill would direct the Consumer ance of my time. sumers in the banking system; and Financial Protection Bureau’s Office of The SPEAKER pro tempore. The ‘‘(IV) identify and develop strategies to increase financial education to under-banked, Community Affairs to identify causes question is on the motion offered by un-banked, and underserved consumers. leading to, and solutions for, under- the gentleman from New York (Mr. ‘‘(ii) COORDINATION WITH OTHER BUREAU OF- banked, unbanked, and underserved MEEKS) that the House suspend the FICES.—In carrying out this paragraph, the consumers. rules and pass the bill, H.R. 1157, as Office of Community Affairs shall consult The office would be required to share amended. with and coordinate with the research unit its findings in a report to Congress The question was taken. established under subsection (b)(1) and such every 2 years and coordinate with The SPEAKER pro tempore. In the other offices of the Bureau as the Director other Federal agencies to increase fi- opinion of the Chair, two-thirds being may determine appropriate. nancial education. Through these new in the affirmative, the ayes have it. ‘‘(iii) REPORTING.— ‘‘(I) IN GENERAL.—The Office of Community requirements, this bill would provide Mr. WEBER of Texas. Madam Speak- Affairs shall submit a report to Congress, important information about unbanked er, on that I demand the yeas and nays. within two years of the date of enactment of and underbanked consumers and ulti- The SPEAKER pro tempore. Pursu- this subparagraph and every 2 years there- mately help drive solutions that can ant to section 3(s) of House Resolution after, that identifies any factors impeding decrease the reliance on predatory fi- 8, the yeas and nays are ordered. the ability of, or limiting the option for, in- nancing products, like payday loans. Pursuant to clause 8 of rule XX, fur- dividuals or households to have access to According to FDIC’s latest survey ther proceedings on this motion are fair, on-going, and sustainable relationships from 2019, more than 7 million Amer- postponed. with depository institutions to meet their financial needs, discusses any regulatory, ican households, or roughly 5.4 percent, f legal, or structural barriers to enhancing are unbanked. However, the survey was FINANCIAL INCLUSION IN participation of under-banked, un-banked, taken before the pandemic, and the BANKING ACT OF 2021 and underserved consumers with depository agency noted it would likely result in institutions, and contains recommendations an increase in the unbanked rate. Mr. CLEAVER. Madam Speaker, I to promote better participation for all con- Even some individuals and families move to suspend the rules and pass the sumers with the banking system. that may have a bank account still end bill (H.R. 1711) to amend the Consumer ‘‘(II) TIMING OF REPORT.—To the extent up utilizing other forms of credit, like possible, the Office shall submit each report Financial Protection Act of 2010 to di- a pawn shop or payday loan, which are rect the Office of Community Affairs to required under subclause (I) during a year in which the Federal Deposit Insurance Cor- typically more expensive than bank identify causes leading to, and solu- credit. Nearly 5 percent of all house- tions for, under-banked, un-banked, poration does not issue the report on encouraging use of depository institutions by the holds utilize these products, but again, and underserved consumers, and for unbanked required under section 49 of the these are prepandemic numbers, and we other purposes, as amended. Federal Deposit Insurance Act.’’. know millions have lost their jobs and The Clerk read the title of the bill. SEC. 3. DISCRETIONARY SURPLUS FUNDS. may turn to these other forms of cred- The text of the bill is as follows: (a) IN GENERAL.—The dollar amount speci- it. H.R. 1711 fied under section 7(a)(3)(A) of the Federal Moreover, access to traditional bank- Be it enacted by the Senate and House of Rep- Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced ing accounts is one way to expedi- by $10,000,000. resentatives of the United States of America in tiously deliver government stimulus Congress assembled, (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on deposits to individuals and families SECTION 1. SHORT TITLE. that need help quickly. This Act may be cited as the ‘‘Financial September 30, 2031. Inclusion in Banking Act of 2021’’. SEC. 4. DETERMINATION OF BUDGETARY EF- Access to banking is a racial justice FECTS. SEC. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES issue, as well. According to the FDIC’s WITH RESPECT TO UNDER-BANKED, The budgetary effects of this Act, for the prepandemic data, 13.8 percent of Black UN-BANKED, AND UNDERSERVED purpose of complying with the Statutory households and 12.2 percent of Latinx CONSUMERS. Pay-As-You-Go Act of 2010, shall be deter- households are unbanked, compared to Section 1013(b)(2) of the Consumer Finan- mined by reference to the latest statement just 2.5 percent of White households. cial Protection Act of 2010 (12 U.S.C. titled ‘‘Budgetary Effects of PAYGO Legisla- 5493(b)(2)) is amended— tion’’ for this Act, submitted for printing in Everyone deserves access to safe, re- (1) by striking ‘‘The Director shall estab- the Congressional Record by the Chairman of liable, and affordable banking options lish a unit’’ and inserting the following: the House Budget Committee, provided that in order to grow their savings, build ‘‘(A) IN GENERAL.—The Director shall es- such statement has been submitted prior to credit, and conduct financial trans- tablish a unit to be known as the ‘Office of the vote on passage. actions in a secure way. This bill would Community Affairs’ ’’; and The SPEAKER pro tempore. Pursu- be an important step in achieving that (2) by adding at the end the following: ant to the rule, the gentleman from goal. ‘‘(B) DUTIES RELATED TO UNDER-BANKED, UN- Missouri (Mr. CLEAVER) and the gen- For these reasons, I urge my col- BANKED, AND UNDERSERVED CONSUMERS.— leagues to support this bill, and I re- ‘‘(i) IN GENERAL.—The Office of Community tleman from Arkansas (Mr. HILL) each Affairs shall— will control 20 minutes. serve the balance of my time. ‘‘(I) lead coordination of research to iden- The Chair recognizes the gentleman Mr. HILL. Madam Speaker, I yield tify any causes and challenges contributing from Missouri. myself such time as I may consume. to the decision of individuals who, and I thank the gentleman from Georgia b 1230 households that, do not initiate or maintain (Mr. DAVID SCOTT) for introducing this on-going and sustainable relationships with GENERAL LEAVE bill, which has been bipartisan for sev- depository institutions, including consulting Mr. CLEAVER. Madam Speaker, I eral Congresses. with trade associations representing deposi- ask unanimous consent that all Mem- According to data from the FDIC’s tory institutions, trade associations rep- survey of unbanked and underbanked resenting minority depository institutions, bers may have 5 legislative days within organizations representing the interests of which to revise and extend their re- households, 5.4 percent of U.S. house- traditionally underserved consumers and marks on this legislation and insert ex- holds were unbanked in 2019. This communities, organizations representing the traneous materials thereon. means no one in the household had a interests of consumers (particularly low- and The SPEAKER pro tempore. Is there checking or savings account. This moderate-income individuals), civil rights objection to the request of the gen- translates, Madam Speaker, into 7.1 groups, community groups, consumer advo- tleman from Missouri? million American households that cates, and the Consumer Advisory Board There was no objection. don’t have that simple, straightforward about this matter; Mr. CLEAVER. Madam Speaker, I needed access to a checking or savings ‘‘(II) identify subject matter experts within the Bureau to work on the issues identified yield myself such time as I may con- account. under subclause (I); sume. While this is the lowest percentage ‘‘(III) lead coordination efforts between Madam Speaker, I thank Representa- rate since the FDIC began conducting other Federal departments and agencies to tive SCOTT for his leadership on this that survey back in 2009, the number of

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.018 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2451 unbanked and underbanked families is from Georgia (Mr. DAVID SCOTT), who is underbanked. But its characteristics still disturbing. the sponsor of this legislation. have to be permissionless. These statistics point to a staggering Mr. DAVID SCOTT of Georgia. In the same way cash is so vital for number of Americans who have limited Madam Speaker, I thank the gen- the unbanked and underbanked, as we or no access to traditional banking tleman very much for yielding. I thank apply technology, it has to be where services. When I was in community my distinguished Republican colleague people aren’t dependent upon a third banking before coming to Congress, for his very fine comments. party to be able to get permission to there was nothing more empowering Madam Speaker, this is one of our move the money that they have earned than having connection to and access most important bills because it is hap- between parties. There are people who to that financial system so that you pening at a time when so many of our want to use the power of central bank can save for college, buy a home, ac- people are facing such ravaging finan- digital currencies or other means of quire that first car that you have cial problems and concerns. control in our financial system to es- dreamed of, or just conduct your Since the passage of Dodd-Frank, sentially say: You are not going to household’s financing. which I worked hard on, as many of bank those people, are you? So, over the years in Congress, I have you did, and the creation of the Con- Sadly, our Nation has a history of supported efforts to improve financial sumer Financial Protection Bureau, we this. So, I look forward to the work literacy, particularly with my friend, charged that agency with ensuring that comes as a result of this. I encour- Dr. FOSTER. As a banker, I certainly that consumers have access to safe, ac- age all of my colleagues to support this worked with volunteers, helping fami- cessible, and affordable financial prod- bill. lies understand the financial system ucts. Mr. CLEAVER. Madam Speaker, I re- and how they could have banking ac- Yet, Madam Speaker, do you know serve the balance of my time. cess. This is a key issue that both the that we still have 7.1 million of our Mr. HILL. Madam Speaker, I appre- private sector and the public sector American citizens who are unbanked, ciate my friend from Ohio (Mr. DAVID- work on, on a regular basis. relying on pawn shops and payday SON). He spoke to this issue of fintech, Mr. SCOTT has suggested that the lenders to get by? As this past year has which I think is very important and Consumer Financial Protection Bu- laid bare, many families are just one has the ability to actually open up reau’s Office of Community Affairs crisis, one sickness, one broken vehi- doors for underbanked families and continue to engage in these efforts and cle, one emergency from absolute fi- unbanked families at a lower cost and examine how to improve this situation. nancial devastation. a more accessible way through smart The Office of Community Affairs also Without support from regulated, le- technology. I think that is going to be partnered with the CFPB’s Office of gitimate financial institutions, these important. Research and the Office of Fair Lend- consumers are forced to turn to preda- I thank, again, my friend from Geor- ing to examine credit deserts, where we tory lenders and unsound products. gia for his work on financial literacy. don’t even have access to financial They are at the mercy of some of the As a great Wharton graduate, he knows services, and better equip communities most unscrupulous characters we a lot about financial literacy, and I am with the tools for financial education. proud that he shares it with all of our Additionally, the Bureau’s Your know. Our bill is a very strong bipartisan citizens and families across the coun- Money, Your Goals program offers a try. variety of materials to help consumers bill, which the gentleman from Arkan- sas has articulated well. Madam Speaker, I urge my col- pursue financial empowerment and re- leagues to support this bill, and I yield sources for organizations aimed at Madam Speaker, with this bill, we will prioritize the most underserved back the balance of my time. helping financially vulnerable individ- Mr. CLEAVER. Madam Speaker, I and unbanked persons across our great uals and families. yield myself the balance of my time. This is a key issue and, particularly Nation, and we will be taking the first I thank the Hill-Scott combination in my rural State, a bigger challenge step toward improving access and af- for this legislation. It also is, I think, for rural counties, as we have some fordability in banking for all of our a testament to what we can do if we counties without a single financial American people. work together. services office. I urge my colleagues everywhere to The Financial Inclusion in Banking Despite the progress that has been give this a unanimous vote on the floor Act, led by Representative SCOTT, made, credit invisibility remains an later today. would provide essential information on important issue, especially given the Mr. HILL. Madam Speaker, I yield unbanked and underserved customers, pandemic’s impact on American con- such time as he may consume to the as well as identify potential solutions sumers. gentleman from Ohio (Mr. DAVIDSON), a to the reliance on unconventional fi- By further directing the CFPB’s Of- distinguished member of the House Fi- nancial products, which often lead to fice of Community Affairs to focus its nancial Services Committee and, as of predatory lending and cycles of being work on the underserved, we are work- today, the ranking member on our trapped in debt. ing to ensure those consumers are not Fintech Task Force. Communities of color have been ex- overlooked. Mr. DAVIDSON. Madam Speaker, fi- cluded from the traditional economic This bill reaffirms our goal in under- nancial inclusion is very important, system due to historical discrimina- standing credit invisibility and identi- and I appreciate the bipartisan spirit tion. All consumers deserve access to fying better solutions to deliver re- that this bill was worked through in less expensive and more secure main- sources. our committee. stream financial products. All Americans deserve access to basic Frankly, not all things have moved The House passed identical legisla- financial tools that will help them through Congress in a bipartisan fash- tion unanimously by voice vote in Oc- achieve their financial independence, ion this year. Frankly, it has been a tober 2019, and I urge Republican and their pursuit of happiness. This bill little more rare than normal. And, Democratic Members to join me in sup- takes an important step in promoting frankly, a lot of things in our com- porting this bill again. financial inclusion and providing ac- mittee, they haven’t been as bipartisan Madam Speaker, I yield back the bal- cess to all Americans. as we would like. This is something ance of my time. I thank my good friend from Georgia that has moved through our committee The SPEAKER pro tempore. The (Mr. DAVID SCOTT), who is approaching in that fashion. question is on the motion offered by the microphone, for his work on this I appreciate the work my colleagues the gentleman from Missouri (Mr. bill, and I thank my friend, Mr. on both sides of the aisle have put into CLEAVER) that the House suspend the CLEAVER, for leading today. I urge my this, and I look forward to the work rules and pass the bill, H.R. 1711, as colleagues to support the Financial In- that comes out of it at the CFPB. amended. clusion in Banking Act, and I reserve I think, as we approach fintech The question was taken. the balance of my time. today, we have the opportunity to im- The SPEAKER pro tempore. In the Mr. CLEAVER. Madam Speaker, I prove financial inclusion for more peo- opinion of the Chair, two-thirds being yield 2 minutes to the great gentleman ple, particularly the unbanked and in the affirmative, the ayes have it.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.021 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2452 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Mr. DAVIDSON. Madam Speaker, on and other vehicles, advanced engineered strike the gold medal with suitable emblems, that I demand the yeas and nays. soundtracks, and skillfully crafted radio devices, and inscriptions, to be determined The SPEAKER pro tempore. Pursu- trickery to create the illusion of sizable by the Secretary. (c) SMITHSONIAN INSTITUTION.— ant to section 3(s) of House Resolution American forces where there were none and to draw the enemy away from Allied troops. (1) IN GENERAL.—Following the award of 8, the yeas and nays are ordered. (10) The 3132d and the 3133d Signal Service the gold medal in honor of the Ghost Army, Pursuant to clause 8 of rule XX, fur- Companies, activated in Pine Camp (now the gold medal shall be given to the Smith- ther proceedings on this motion are Fort Drum), New York, at the Army Experi- sonian Institution, where it will be available postponed. mental Station in March 1944, were the only for display as appropriate and available for f two active duty ‘‘sonic deception’’ ground research. combat units in World War II. (2) SENSE OF CONGRESS.—It is the sense of b 1245 (11) Soldiers of the 23d Headquarters, Spe- the Congress that the Smithsonian Institu- GHOST ARMY CONGRESSIONAL cial Troops, impersonated other, larger tion should make the gold medal awarded pursuant to this Act available for display GOLD MEDAL ACT Army units by sewing counterfeit patches onto their uniforms, painting false markings elsewhere, particularly at appropriate loca- Mr. CLEAVER. Madam Speaker, I on their vehicles, and creating phony head- tions associated with the Ghost Army, and move to suspend the rules and pass the quarters staffed by fake generals, all in an that preference should be given to locations bill (H.R. 707) to award a Congressional effort to feed false information to Axis spies. affiliated with the Smithsonian Institution. Gold Medal to the 23d Headquarters, (12) During the Battle of the Bulge, the 23d SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell dupli- Special Troops and the 3133d Signal Headquarters, Special Troops, created counterfeit radio traffic to mask the efforts of cates in bronze of the gold medal struck Service Company, in recognition of General George Patton’s Third Army as it under section 3, at a price sufficient to cover their unique and highly distinguished mobilized to break through to the 101st Air- the costs of the medal, including labor, ma- service as a ‘‘Ghost Army’’ that con- borne and elements of 10th Armored Division terials, dies, use of machinery, and overhead ducted deception operations in Europe in the besieged Belgian town of Bastogne. expenses. during World War II, as amended. (13) In its final mission, Operation SEC. 5. NATIONAL MEDAL. The Clerk read the title of the bill. VIERSEN, in March 1945, the 23d Head- The gold medal struck pursuant to this The text of the bill is as follows: quarters, Special Troops, conducted a tac- Act is a national medal for purposes of chap- tical deception that drew German units down ter 51 of title 31, United States Code. H.R. 707 the Rhine River and away from the Ninth SEC. 6. DETERMINATION OF BUDGETARY EF- Be it enacted by the Senate and House of Rep- Army, allowing the Ninth Army to cross the FECTS. resentatives of the United States of America in Rhine into Germany. On this mission, the The budgetary effects of this Act, for the Congress assembled, 1,100 men of the Ghost Army, with the assist- purpose of complying with the Statutory SECTION 1. SHORT TITLE. ance of other units, impersonated forty thou- Pay-As-You-Go Act of 2010, shall be deter- This Act may be cited as the ‘‘Ghost Army sand men, or two complete divisions of mined by reference to the latest statement Congressional Gold Medal Act’’. American forces, by using fabricated radio titled ‘‘Budgetary Effects of PAYGO Legisla- tion’’ for this Act, submitted for printing in SEC. 2. FINDINGS. networks, soundtracks of construction work the Congressional Record by the Chairman of The Congress finds the following: and artillery fire, and more than 600 inflat- the House Budget Committee, provided that (1) The 23d Headquarters, Special Troops, able vehicles. According to a military intel- such statement has been submitted prior to comprised of the 23d Headquarters and Head- ligence officer of the 79th Infantry, ‘‘There is the vote on passage. quarters Company, Special Troops, the 603d no doubt that Operation VIERSEN materi- Engineer Camouflage Battalion, the 406th ally assisted in deceiving the enemy with re- The SPEAKER pro tempore. Pursu- Combat Engineer Company, the 3132d Signal gard to the real dispositions and intentions ant to the rule, the gentleman from Service Company and the Signal Company, of this Army.’’. Missouri (Mr. CLEAVER) and the gen- Special, 23d Headquarters, Special Troops (14) Three soldiers of the 23d Headquarters, tleman from Arkansas (Mr. HILL) each and the 3133d Signal Service Company were Special Troops, gave their lives and dozens will control 20 minutes. top-secret units of the United States Army were injured in carrying out their mission. The Chair recognizes the gentleman (15) In April 1945, the 3133d Signal Service that served in Europe during World War II. from Missouri. (2) The 23d Headquarters, Special Troops, Company conducted Operation CRAFTSMAN GENERAL LEAVE was actively engaged in battlefield oper- in support of Operation SECOND WIND, the ations from June of 1944 through March of successful allied effort to break through the Mr. CLEAVER. Madam Speaker, I 1945. The 3133d Signal Service Company was German defensive position to the north of ask unanimous consent that all Mem- engaged in operations in Italy in 1945. Florence, Italy, known as the Gothic Line. bers may have 5 legislative days within (3) The deceptive activities of these units Along with an attached platoon of British which to revise and extend their re- were integral to several Allied victories engineers, who were inflatable decoy special- marks on this legislation and to insert across Europe and reduced American casual- ists, the 3133d Signal Service Company used extraneous material thereon. ties. sonic deception to misrepresent troop loca- The SPEAKER pro tempore. Is there (4) In evaluating the performance of these tions along this defensive line. (16) The activities of the 23d Headquarters, objection to the request of the gen- units after the War, a U.S. Army analysis tleman from Missouri? found that ‘‘Rarely, if ever, has there been a Special Troops and the 3133d Signal Service Company remained highly classified for There was no objection. group of such a few men which had so great Mr. CLEAVER. Madam Speaker, I an influence on the outcome of a major mili- more than forty years after the war and were tary campaign.’’. never formally recognized. The extraor- yield myself such time as I may con- (5) Many Ghost Army soldiers were citizen- dinary accomplishments of this unit are de- sume. soldiers recruited from art schools, adver- serving of belated official recognition. Madam Speaker, I rise in strong sup- tising agencies, communications companies, (17) The United States is eternally grateful port of H.R. 707, the Ghost Army Con- and other creative and technical professions. to the soldiers of the 23d Headquarters, Spe- gressional Gold Medal Act. (6) The first four members of the 23d Head- cial Troops and the 3133d Signal Service I thank the gentlewoman from New quarters, Special Troops, landed on D-Day Company for their proficient use of innova- Hampshire for her work on this bill and two became casualties while creating tive tactics throughout World War II, which which honors the creativity and inge- false beach landing sites. saved lives and made significant contributions to the defeat of the Axis powers. nuity of the men of the 23d Head- (7) The 23d Headquarters, Special Troops, quarters, Special Troops and the 3133d secret deception operations commenced in SEC. 3. CONGRESSIONAL GOLD MEDAL. Signal Service Company in conducting France on June 14, 1944, when Task Force (a) AWARD AUTHORIZED.—The Speaker of Mason, a 17-man detachment of the 23d led the House of Representatives and the Presi- deception operations in Europe during by First Lieutenant Bernard Mason, landed dent pro tempore of the Senate shall make World War II. at Omaha Beach. Task Force Mason con- appropriate arrangements for the award, on The Ghost Army was a 1,100-man unit ducted Operation ELEPHANT between 1 and behalf of the Congress, of a gold medal of ap- comprised mostly of individuals re- 4 July, 1944, to draw enemy fire and protect propriate design to the 23d Headquarters, cruited from art schools. They were the 980th Field Artillery Battalion (VIII Special Troops, and the 3133d Signal Service from advertising agencies, communica- Corps) as part of the Normandy Campaign. Company, known as the ‘‘Ghost Army’’, col- tions companies, and other creative (8) Operation ELEPHANT was a prelude to lectively, in recognition of its unique and in- fields. They were tasked with using 21 full-scale tactical deceptions completed by credible service during World War II. the 23d Headquarters, Special Troops. (b) DESIGN AND STRIKING.—For the pur- their creative talents to mislead, de- (9) Often operating on or near the front poses of the award referred to in subsection ceive, and confuse the German Army lines, the 23d Headquarters, Special Troops, (a), the Secretary of the Treasury (in this and lure them away from Allied com- used inflatable tanks, artillery, airplanes Act referred to as the ‘‘Secretary’’) shall bat units.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.023 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2453 Following the D-day landing in Madam Speaker, now, this is an ex- In September of 1944, they filled a 25- France, the Ghost Army undertook a ample where both sides of the aisle can mile gap in Patton’s line that had ‘‘traveling road show’’ utilizing fake agree that fake news can be good. opened up after he charged across radio transmissions, inflatable tanks, They did this by using inflatable France. In March of 1945, they imper- and theatrical sounds and atmospheric tanks, aircraft, and speakers broad- sonated two full divisions to draw effects to conduct elaborate ruses to casting the sounds of men and military enemy attention away from the Ninth deflect German units away from the that were not there. The unit was able Army’s crossing of the Rhine River. actual Allied unit location and towards to pull German attention on these Their combat deceptions worked bril- imaginary ones. areas and away from the Allied force liantly. The artists, architects, engineers of operations. This army, these men and According to a U.S. Army analysis the Ghost Army were so effective that women, are credited for saving thou- after the war, the Ghost Army decep- a later Army analysis of the perform- sands of lives. tion saved up to an estimated 30,000 Al- ance found that, ‘‘Rarely, if ever, has Madam Speaker, one of those might lied lives. Their tactics were so effec- there been a group of such a few men have been my father-in-law, who was in tive that the Army kept them secret which had so great an influence on the Patton’s 8th Army as an engineering for more than 50 years after the war. outcome of a major military cam- officer, trudging across from D-day to And because of this classification, the paign.’’ Germany. So we are all grateful, all of men of the Ghost Army were never rec- The bravery, ingenuity, and patriotic the descendants of those who served on ognized for their heroism and contribu- actions displayed by these citizen-sol- the beaches and on the continent of tions to defeating fascism in Europe. diers remained highly classified for Europe at the end of the war. The SPEAKER pro tempore. The more than 40 years after World War II Madam Speaker, I am a history buff time of the gentlewoman has expired. and were never formally recognized. as well, and anybody who has watched Mr. CLEAVER. Madam Speaker, I This bill honors their unique con- The History Channel’s World War II yield an additional 30 seconds to the tributions to the war effort by direct- documentary has undoubtedly seen the gentlewoman from New Hampshire. ing the Mint to strike a gold medal in Ghost Army in action. The historic Ms. KUSTER. Madam Speaker, H.R. honor of the Ghost Army. The gold videos and Herculean photo of four men 707, the Ghost Army Congressional medal shall be given to the Smithso- holding a tank over their heads is tes- Gold Medal Act, would right this wrong nian Institution, where it will be avail- timony to the Ghost Army’s ingenuity by awarding the Congressional Gold able for display and serve as recogni- and bravery in the World War. Medal to the Ghost Army. Madam Speaker, the Ghost Army of tion of this incredible service of the I am proud that 75 years after their World War II deserves to be com- Ghost Army during World War II. service, with the help of my colleague Madam Speaker, I thank Ms. KUSTER mended in this way, and I thank my from Utah, Mr. STEWART, the Ghost for her work on this bill, and I urge friends from New Hampshire and Utah Army will finally get some recognition Members to vote ‘‘yes.’’ for their work. Madam Speaker, I reserve the bal- Madam Speaker, I urge my col- that it so deserves. I thank my col- ance of my time. leagues to support this bill, and I re- league for his help. Mr. HILL. Madam Speaker, I yield serve the balance of my time. Madam Speaker, I encourage all of myself such time as I may consume. Mr. CLEAVER. Madam Speaker, I our colleagues to support this bill. Madam Speaker, I rise in support of yield 2 minutes to the gentlewoman Mr. HILL. Madam Speaker, I yield 2 H.R. 707, the Ghost Army Congres- from New Hampshire (Ms. KUSTER), the minutes to the gentleman from Utah sional Gold Medal Act. sponsor of this legislation. (Mr. STEWART), the cosponsor of this I thank my friend from New Hamp- Ms. KUSTER. Madam Speaker, when important legislation to recognize the shire, Congresswoman KUSTER, for pro- I say ‘‘war hero,’’ what image comes to Ghost Army. posing it. I appreciate my good friend mind? Mr. STEWART. Madam Speaker, I from Utah, Mr. STEWART, for cospon- Some might imagine a brave soldier thank the ranking member, Mr. HILL, soring and helping bring this to the charging an enemy position, who re- and my colleagues. I especially thank floor today on a bipartisan basis. minds us of what it means to be coura- my cosponsor from New Hampshire for Sun Tzu, in ‘‘The Art of War,’’ stated: geous. Others might think of a medic her support and her words today. ‘‘All warfare is based on deception. dodging enemy fire to provide care for Madam Speaker, much has been said, Hence, when we are able to attack, we their wounded brother-in-arms, who reso I will be brief. must seem unable; when using our minds us of what it means to be self- I obviously stand before you in sup- forces, we must appear inactive; when less. And, still, others might think of a port of awarding the Ghost Army vet- we are near, we must make the enemy prisoner of war, like my father, a pilot erans the Congressional Gold Medal. believe we are far away; when far away, in World War II, who was shot down on For more than 40 years, this World War we must make him believe we are D-day and whose stoic survival through II unit of more than 1,000 soldiers was near.’’ inhumane conditions reminds us of nothing more than a myth; a bit of a That was the philosophy that led to what it means to be resilient. ghost, if you will. More than 20 years the formation of the 23d Headquarters, Madam Speaker, I rise today in ago, their heroic actions were still Special Troops and the 3133d Signal honor of another type of war hero: classified until, finally, we could learn Service Company, known as the Ghost Those who go to war armed only with the things that they had done. Army. illusion and creativity. Today, I ask my colleagues again, H.R. 707 will award a Congressional In World War II, two top-secret units, both Democrat and Republican, to join Gold Medal to the U.S. Army’s 23d known as the Ghost Army, used com- me in giving these men and women the Headquarters, Special Troops and the bat deception to fool the Nazis. They recognition that they really deserve. 3133d Signal Service Company to honor risked their lives to draw forces away During our Nation’s darkest hour, their bravery displayed during World from American combat units so that the Ghost Army did not shy away from War II. they would face less resistance. This the fight. They saved thousands of The Ghost Army, unlike many other required a special kind of courage. lives. They stood eye-to-eye against units, was comprised, as my friend Whereas a typical American unit had the axis of evil. They defeated fascism from Missouri said, of civilian soldiers tanks made of steel, the Ghost Army in Europe. To do so, many of them who had a proclivity for art, architec- was equipped with tanks made of rub- made the ultimate sacrifice. ture, acting, set design, and engineer- ber. For those heroes who returned home, ing. During World War II, the 23d Head- Using inflatable equipment, sound ef- no one knew of their courage and sac- quarters Special Troops successfully fects, radio trickery, and imperson- rifice; neither did many of them know tricked German forces into believing ation, the Ghost Army made it appear of the great success that the Ghost that 1,000 soldiers were a massive force there were tens of thousands of combat Army had had. They kept their top-se- of over 30,000, and they were able to put troops where there really were none. In cret mission and the operations they on 22 large-scale deceptions in Europe operations throughout the war, their did even away from their friends and during World War II. actions were decisive. family.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.025 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2454 CONGRESSIONAL RECORD — HOUSE May 18, 2021 But, still, they have not been yet rec- b 1300 ‘‘(4) A discussion of— ognized by the Army or by this Con- ‘‘(A) any significant effects resulting from SECURING AMERICA’S VACCINES the plan and measures described in this sub- gressional body. We have the oppor- FOR EMERGENCIES ACT OF 2021 tunity to right that wrong. section on the production, cost, or distribu- Mr. CLEAVER. Mr. Speaker, I move tion of biological products (as that term is Today, there are only 11 members of to suspend the rules and pass the bill defined in section 351 of the Public Health more than 1,000 of the original Ghost (H.R. 3146) to amend the Defense Pro- Service Act (42 U.S.C. 262)) or any other de- Army who still remain alive. And to vices or drugs (as defined under the Federal duction Act of 1950 to ensure the sup- this day, they continue to embody the Food, Drug, and Cosmetic Act (21 U.S.C. 301 ply of certain medical materials essen- ideals that Americans strive for: Duty, et. seq.)); tial to national defense, and for other honor, sacrifice, courage, service. ‘‘(B) a timeline to ensure that essential purposes. components of the supply chain for medical Let’s pass this bill. Let’s give the The Clerk read the title of the bill. materials are not under the exclusive control Ghost Army heroes the highest honor The text of the bill is as follows: of a foreign government in a manner that that we can. H.R. 3146 the President determines could threaten the Mr. CLEAVER. Madam Speaker, I re- Be it enacted by the Senate and House of Rep- national defense of the United States; and serve the balance of my time. resentatives of the United States of America in ‘‘(C) efforts to mitigate any risks resulting Congress assembled, from the plan and measures described in this Mr. HILL. Madam Speaker, I yield subsection to United States competitiveness, SECTION 1. SHORT TITLE. myself the balance of my time. scientific leadership, and innovative capac- This Act may be cited as the ‘‘Securing ity, including efforts to cooperate and Madam Speaker, I thank my friend America’s Vaccines for Emergencies Act of proactively engage with United States allies. from Utah for his important closing 2021’’ or the ‘‘SAVE Act of 2021’’. words to support this important bill, ‘‘(b) PROGRESS REPORT.—Following submis- SEC. 2. SECURING ESSENTIAL MEDICAL MATE- sion of the strategy under subsection (a), the H.R. 707. RIALS. President shall submit to the appropriate (a) STATEMENT OF POLICY.—Section 2(b) of What better tribute to those families Members of Congress an annual progress re- of the 1,000 who served in the Ghost the Defense Production Act of 1950 (50 U.S.C. port until September 30, 2025, evaluating the 4502) is amended— Army, and those 11 who we still cele- implementation of the strategy, and may in- (1) by redesignating paragraphs (3) through clude updates to the strategy as appropriate. brate as being alive with us today than (8) as paragraphs (4) through (9), respec- the recognition they deserve, because The strategy and progress reports shall be tively; and submitted in unclassified form but may con- those 1,000 saved the lives of thousands (2) by inserting after paragraph (2) the fol- tain a classified annex. more in the Allied force as we com- lowing: ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.— pleted our task of ridding Europe of ‘‘(3) authorities under this Act should be The term ‘appropriate Members of Congress’ fascism. used when appropriate to ensure the avail- means the Speaker, majority leader, and mi- ability of medical materials essential to na- nority leader of the House of Representa- Mr. Speaker, I thank my friends from tional defense, including through measures Utah and New Hampshire for their tives, the majority leader and minority lead- designed to secure the drug supply chain, er of the Senate, the Chairman and Ranking leadership on this bill. I thank Chair- and taking into consideration the impor- Member of the Committee on Financial man CLEAVER today for guiding our de- tance of United States competitiveness, sci- Services of the House of Representatives, bate, and I encourage everyone in the entific leadership and cooperation, and inno- and the Chairman and Ranking Member of House to support H.R. 707. vative capacity;’’. the Committee on Banking, Housing, and (b) STRENGTHENING DOMESTIC CAPABILITY.— Urban Affairs of the Senate.’’. Mr. Speaker, I yield back the balance Section 107 of the Defense Production Act of of my time. SEC. 3. INVESTMENT IN SUPPLY CHAIN SECU- 1950 (50 U.S.C. 4517) is amended— RITY. Mr. CLEAVER. Mr. Speaker, I yield (1) in subsection (a), by inserting ‘‘(includ- (a) IN GENERAL.—Section 303 of the Defense myself the balance of my time. ing medical materials)’’ after ‘‘materials’’; Production Act of 1950 (50 U.S.C. 4533) is Mr. Speaker, this bill is one of the and amended by adding at the end the following: most amazing things that I have had (2) in subsection (b)(1), by inserting ‘‘(in- ‘‘(h) INVESTMENT IN SUPPLY CHAIN SECU- cluding medical materials such as drugs, de- RITY.— the opportunity to support since I have vices, and biological products to diagnose, ‘‘(1) IN GENERAL.—In addition to other au- been in Congress. And this bill is sim- cure, mitigate, treat, or prevent disease that thorities in this title, the President may ply amazing. It ensures official rec- are essential to national defense)’’ after ‘‘es- make available to an eligible entity de- ognition of creativity and innovation sential materials’’. scribed in paragraph (2) payments to in- displayed by members of the Ghost (c) STRATEGY ON SECURING SUPPLY CHAINS crease the security of supply chains and sup- Army in saving lives, contributing to FOR MEDICAL MATERIALS.—Title I of the De- ply chain activities, if the President certifies the defeat of the axis powers during fense Production Act of 1950 (50 U.S.C. 4511 et to Congress not less than 30 days before seq.) is amended by adding at the end the fol- World War II. making such a payment that the payment is lowing: critical to meet national defense require- Mr. Speaker, I thank Ms. KUSTER for ‘‘SEC. 109. STRATEGY ON SECURING SUPPLY ments of the United States. her work in ensuring recognition of CHAINS FOR MEDICAL MATERIALS. ‘‘(2) ELIGIBLE ENTITY.—An eligible entity this brave and talented group of cit- ‘‘(a) IN GENERAL.—Not later than 180 days described in this paragraph is an entity izen-soldiers and their unique contribu- after the date of the enactment of this sec- that— tions to the war effort. tion, the President, in consultation with the ‘‘(A) is organized under the laws of the Secretary of Health and Human Services, the United States or any jurisdiction within the Mr. Speaker, I yield back the balance Secretary of Commerce, the Secretary of United States; and of my time. Homeland Security, and the Secretary of De- ‘‘(B) produces— The SPEAKER pro tempore (Mr. fense, shall transmit a strategy to the appro- ‘‘(i) one or more critical components; MCNERNEY). The question is on the mo- priate Members of Congress that includes the ‘‘(ii) critical technology; or tion offered by the gentleman from following: ‘‘(iii) one or more products or raw mate- ‘‘(1) A detailed plan to use the authorities Missouri (Mr. CLEAVER) that the House rials for the security of supply chains or sup- under this title and title III, or any other suspend the rules and pass the bill, ply chain activities. provision of law, to ensure the supply of ‘‘(3) DEFINITIONS.—In this subsection, the H.R. 707, as amended. medical materials (including drugs, devices, terms ‘supply chain’ and ‘supply chain ac- The question was taken. and biological products (as that term is de- tivities’ have the meanings given those The SPEAKER pro tempore. In the fined in section 351 of the Public Health terms by the President by regulation.’’. opinion of the Chair, two-thirds being Service Act (42 U.S.C. 262)) to diagnose, cure, (b) REGULATIONS.— mitigate, treat, or prevent disease) essential (1) IN GENERAL.—Not later than 90 days in the affirmative, the ayes have it. to national defense, to the extent necessary after the date of the enactment of this Act, Mr. DAVIDSON. Mr. Speaker, on that for the purposes of this Act. the President shall prescribe regulations set- I demand the yeas and nays. ‘‘(2) An analysis of vulnerabilities to exist- ting forth definitions for the terms ‘‘supply The SPEAKER pro tempore. Pursu- ing supply chains for such medical materials, chain’’ and ‘‘supply chain activities’’ for the ant to section 3(s) of House Resolution and recommendations to address the purposes of section 303(h) of the Defense Pro- 8, the yeas and nays are ordered. vulnerabilities. duction Act of 1950 (50 U.S.C. 4533(h)), as ‘‘(3) Measures to be undertaken by the added by subsection (a). Pursuant to clause 8 of rule XX, fur- President to diversify such supply chains, as (2) SCOPE OF DEFINITIONS.—The definitions ther proceedings on this motion are appropriate and as required for national de- required by paragraph (1)— postponed. fense. (A) shall encompass—

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.026 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2455 (i) the organization, people, activities, in- Mr. Speaker, I rise today in support able to coordinate critical supply pur- formation, and resources involved in the de- of H.R. 3146, the Securing America’s chases, and even locally, manufacture livery and operation of a product or service Vaccines for Emergencies Act, the badly needed face shields to protect pa- used by the Government; or SAVE Act. I want to thank my friend tients and health professionals alike. (ii) critical infrastructure as defined in Presidential Policy Directive 21 (February from California, JUAN VARGAS, a col- Even more alarming than the lack of 12, 2013; relating to critical infrastructure se- league on the House Financial Services supplies might be our reliance on coun- curity and resilience); and Committee, for our collaboration on tries, particularly China, for basic (B) may include variations as determined looking at the Defense Production pharmaceutical components. Our Na- necessary and appropriate by the President Act—we are going to talk about it tion must develop a strategy to diver- for purposes of national defense. today—and how we could improve it for sify our supply chain to ensure that we The SPEAKER pro tempore. Pursu- better preparing the United States for are not in that same short supply situ- ant to the rule, the gentleman from a global pandemic. ation in the future. In my view, last Missouri (Mr. CLEAVER) and the gen- The SAVE Act amends that Defense spring, Mr. Speaker, we were caught tleman from Arkansas (Mr. HILL) each Production Act to protect medical sup- without such critical planning. will control 20 minutes. plies for Americans by bolstering our That is why I introduced the SAVE The Chair recognizes the gentleman supply chain during times of crisis. The Act in April of last year when we were from Missouri. Defense Production Act, as my friend, first responding to these challenges, GENERAL LEAVE Mr. CLEAVER, noted, was first signed and I am pleased to have reintroduced Mr. CLEAVER. Mr. Speaker, I ask into law by President Truman in 1950 it this year with my friend and col- unanimous consent that all Members in response to a shortage of materials league, Congressman VARGAS. This bill may have 5 legislative days within during the Korean conflict. amends the DPA to ensure that med- which to revise and extend their re- Designed to incentivize production, ical materials are within that Defense marks on this legislation and to insert avoid inflation, and, as I say, boost Production Act scope. extraneous material thereon. goods critical for the national defense, While all of us hope that we are near- The SPEAKER pro tempore. Is there the DPA successfully brought Amer- ing the finish line of COVID–19, we can- objection to the request of the gen- ican manufacturing to the forefront at not forget about the shortages that we tleman from Missouri? the battle at hand at that time. once faced, because the reality is, un- There was no objection. Initially, the Defense Production fortunately, perhaps likely, this coun- Mr. CLEAVER. Mr. Speaker, I yield Act, as you can tell by its name, was try will face the same situation again. myself such time as I may consume. used in response for military needs, but This bill allows us to be better pre- Mr. Speaker, I rise today in support over time the United States Congress pared for that future, whether it be in of H.R. 3146, the Securing America’s has expanded it to other areas consid- the short, medium, or long run. It will Vaccines for Emergencies Act of 2021, ered essential to national defense, and allow us to diversify supply chains that introduced by my colleague, Mr. those include critical responses to na- are required for our national defense. It FRENCH HILL. will permit the United States to be less The COVID–19 pandemic has clearly tional emergencies. demonstrated that ensuring the avail- When President Truman signed the reliant on foreign countries like China ability of the essential medical sup- DPA, he shared: It is your fight, the for critical PPE or, most importantly, plies, articles, and equipment to fight fight of all of us, and it can be won pharmaceutical ingredients or other disease is essential to our national de- only if all of us in the fight can fight it medical products. fense. This bill would better equip us to together. At that time, he was saying The SAVE Act requires a national respond to the current pandemic, as that in response to the Korean conflict, strategy and progress reports on the di- well as future public health emer- but this quote still resonates with us versification of that essential medical gencies, by amending the Defense Pro- now the same way as it did so long ago. supply chain. At the same time, it duction Act of 1950, to ensure that the A little over a year ago, our country makes explicit that our strategy needs definition of national defense includes faced another nationwide crisis that to take into account cooperation with the availability of medical articles. called on the need for the Defense Pro- our allies. We must maintain a strong H.R. 3146 strengthens our ability to duction Act to be placed in the Amer- trading environment that fosters con- respond to public health emergencies ican spotlight. In response to a global tinued innovation. Making critical sup- through measures designed to secure health crisis, America experienced ply chains more resilient doesn’t mean the drug supply chain. Specifically, the shortages of necessary medical sup- closing ourselves off from our friends bill requires the development of a plies, basically overnight. around the world in partnership on strategy on securing supply chains for Supply chains were tested like never these important items. medical articles. This includes report- before, and it became increasingly Just to cite one example, Mr. Speak- ing to Congress on an analysis of exist- clear that America needed to do some- er, the Pfizer vaccine against COVID–19 ing supply chain vulnerabilities for thing different in order to respond to consists of 280 components sourced medical articles and recommendations the alarming increase in demand for from 86 sites across 19 countries. Inter- to address these vulnerabilities, includ- medical gloves, N95 masks, and ven- national cooperation makes treating measures to diversify supply chains tilators. ments like this possible. But we must and other efforts to mitigate risk, In my home State of Arkansas, our ensure these items don’t fall under the while promoting American competi- hospitals had medical materials exclusive control of an adversary. My tiveness, scientific leadership, and in- stacked from floor to ceiling stamped legislation will help prevent that. dustrial innovation in this area. ‘‘Made in China.’’ And much of those Mr. Speaker, I urge all my colleagues This bill will also provide for invest- supplies, Mr. Speaker, in the PPE cat- on both sides of the aisle to support the ment in supply chain security for eligi- egory ended up rejected and put in a SAVE Act, and I reserve the balance of ble entities if the President certifies to dumpster because they did not meet my time. Congress that such an investment is the quality standards; they were out of Mr. CLEAVER. Mr. Speaker, I yield 2 important to meet the national defense compliance. minutes to the gentleman from Cali- needs of the United States. Our national and State emergency fornia (Mr. VARGAS). Mr. Speaker, I thank Mr. HILL for his stockpiles were prepared for a localized Mr. VARGAS. Mr. Speaker, I rise work in ensuring that we, as a country, outbreak, not a national 50–State pan- today to support my good friend, Rep- learn the lessons from this COVID–19 demic. Fortunately, President Trump resentative HILL’s, SAVE Act, H.R. pandemic and are better prepared to re- invoked the Defense Production Act, 3146. As my good friend from Arkansas spond to the next public health emer- which allowed for greater domestic said, I am proud to be the lead cospon- gency because of this bill. manufacturing of these necessary med- sor of this bill. The tailored focus on Mr. Speaker, I reserve the balance of ical supplies. And while that was tak- this bill on the supply chain portion of my time. ing effect, the hospitals and our great the Defense Production Act will help Mr. HILL. Mr. Speaker, I yield my- Arkansas business, academic, and med- us in future preparedness for public self such time as I may consume. ical community banded together to be health emergencies.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.012 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2456 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Among other things, it requires a de- COVID–19 EMERGENCY MEDICAL Production Act of 1950 is amended by strik- tailed plan from the President to se- SUPPLIES ENHANCEMENT ACT ing ‘‘and critical infrastructure protection cure the medical material supply OF 2021 and restoration’’ and inserting ‘‘, critical infrastructure protection and restoration, and chain. Additionally, it amends the Mr. CLEAVER. Mr. Speaker, I move public health emergency preparedness and DPA, the Defense Production Act, to to suspend the rules and pass the bill response activities’’. include medical materials among crit- (H.R. 3125) to enhance authorities SEC. 3. EXERCISE OF TITLE I AUTHORITIES IN ical materials for which the supply under the Defense Production Act of RELATION TO CONTRACTS BY chain must be secured. 1950 to respond to the COVID–19 emer- STATE, LOCAL, OR TRIBAL GOVERN- MENTS. As my good friend knows, we need to gency, to provide additional oversight (a) IN GENERAL.—In exercising authorities be prepared not only for this pandemic, of such authorities, and for other pur- under title I of the Defense Production Act unfortunately, for other medical emer- poses. of 1950 (50 U.S.C. 4511 et seq.) during the gencies that may come. We have heard The Clerk read the title of the bill. COVID–19 emergency period, the President that we may be entering an era of The text of the bill is as follows: (and any officer or employee of the United pandemics and we must be prepared. H.R. 3125 States to which authorities under such title Be it enacted by the Senate and House of Rep- I have been delegated)— Mr. Speaker, I thank my good friend (1) may exercise the prioritization or allo- from Arkansas for his leadership, and I resentatives of the United States of America in Congress assembled, cation authority provided in such title I to urge a ‘‘yes’’ vote on this bill’s passage. SECTION 1. SHORT TITLE. exclude any materials described in section 2 Mr. HILL. Mr. Speaker, I yield my- This Act may be cited as the ‘‘COVID–19 ordered by a State, local, or Tribal govern- self such time as I may consume. Emergency Medical Supplies Enhancement ment that are scheduled to be delivered Mr. Speaker, I thank my friend from Act of 2021’’. within 15 days of the time at which— (A) the purchase order or contract by the California, Mr. VARGAS. We will be SEC. 2. DETERMINATION ON EMERGENCY SUP- PLIES AND OTHER PUBLIC HEALTH Federal Government for such materials is talking about this when we discuss his EMERGENCIES. made; or bill in a few minutes. We have collabo- (a) COVID–19 PANDEMIC RESPONSE.—For (B) the materials are otherwise allocated rated on this, and it is about planning, the purposes of section 101 of the Defense by the Federal Government under the au- it is about a strategy, it is about not Production Act of 1950 (50 U.S.C. 4511), the thorities contained in such Act; and being caught at low tide with no bath- following materials may be deemed by the (2) shall, within 24 hours of any exercise of ing suit, and that is what this country President, during the COVID–19 emergency the prioritization or allocation authority period, to be scarce and critical materials es- needs is a better strategy. provided in such title I— sential to the national defense and otherwise (A) to the extent practicable notify any President Bush warned us of that meet the requirements of section 101(b) of State, local, or Tribal government if the after he studied this issue when he was such Act, and funds available to implement President determines that the exercise of President. The stockpiles are impor- such Act may be used for the purchase, pro- such authorities would delay the receipt of tant. Our FEMA planning is important. duction (including the construction, repair, such materials ordered by such government; But our medical supply chain and those and retrofitting of government-owned facili- and ties as necessary), or distribution of such (B) take such steps as may be necessary, critical components are critical to the materials: health and safety of our country. It is and as authorized by law, to ensure that such (1) In vitro diagnostic products (as defined materials ordered by such government are critical to our ability to defend our- in section 809.3(a) of title 21, Code of Federal delivered in the shortest possible period, selves, and hence, an appropriate Regulations) for the detection of SARS–CoV– consistent with the purposes of the Defense amendment to the Defense Production 2 or the diagnosis of the virus that causes Production Act of 1950. Act. COVID–19, and the reagents and other mate- (b) UPDATE TO FEDERAL REGULATIONS.— Mr. Speaker, I have no further speak- rials necessary for producing, conducting, or (1) DPAS.—Not later than 30 days after the administering such products, and the ma- ers, and I urge a ‘‘yes’’ vote on both date of enactment of this Act, the Defense chinery, equipment, laboratory capacity, or Property Accountability System regulations sides of the aisle, and I yield back the other technology necessary to produce such (15 C.F.R. part 700) shall be revised to reflect balance of my time. products. the requirements of subsection (a). Mr. CLEAVER. Mr. Speaker, I yield (2) Face masks and personal protective (2) FAR.—Not later than 30 days after the myself the balance of my time. equipment, including non-surgical isolation revisions required by paragraph (1) are made, Mr. Speaker, this time last year we gowns, face shields, nitrile gloves, N–95 fil- the Federal Acquisition Regulation shall be tering facepiece respirators, and any other watched as our brave healthcare work- revised to reflect the requirements of sub- masks or equipment (including durable med- section (a), consistent with the revisions ers struggled all over this country to ical equipment) determined by the Secretary made pursuant to paragraph (1). respond to the mounting COVID–19 cri- of Health and Human Services to be needed SEC. 4. ENGAGEMENT WITH THE PRIVATE SEC- sis, often with inadequate personal pro- to respond to the COVID–19 pandemic, and TOR. tective equipment and limited medical the materials, machinery, additional manu- (a) OUTREACH REPRESENTATIVE.—Con- supplies. facturing lines or facilities, or other tech- sistent with the authorities in title VII of This bill ensures that we can direct nology necessary to produce such equipment. the Defense Production Act of 1950 (50 U.S.C. (3) Drugs and devices (as those terms are 4551 et seq.), the Administrator of the Fed- our significant scientific innovation defined in the Federal Food, Drug, and Cos- eral Emergency Management Agency, in and industrial capacity towards ensur- metic Act (21 U.S.C. 301 et seq.)) and biologi- consultation with the Secretary of Health ing essential medical supplies are read- cal products (as that term is defined by sec- and Human Services, may designate or ap- ily available, and that our supply tion 351 of the Public Health Service Act (42 point, pursuant to section 703 of such Act (50 chains are resilient in the face of U.S.C. 262)) that are approved, cleared, li- U.S.C. 4553), an individual to be known as the threats to our collective health and censed, or authorized under either of such ‘‘Outreach Representative’’ for the COVID–19 well-being. Acts for use in treating or preventing emergency period. Such individual shall— COVID–19 and symptoms related to COVID– (1) be appointed from among individuals Mr. Speaker, I would like to thank 19, and any materials, manufacturing ma- with substantial experience in the produc- Mr. HILL for his work on this impor- chinery, additional manufacturing or fill-fin- tion or distribution of medical supplies or tant issue, and I urge all of my col- ish lines or facilities, technology, or equip- equipment; and leagues to vote ‘‘yes.’’ I yield back the ment (including durable medical equipment) (2) act as the Government-wide single balance of my time. necessary to produce or use such drugs, bio- point of contact during the COVID–19 emer- The SPEAKER pro tempore. The logical products, or devices (including sy- gency for outreach to manufacturing compa- question is on the motion offered by ringes, vials, or other supplies or equipment nies and their suppliers who may be inter- related to delivery, distribution, or adminis- ested in producing medical supplies or equip- the gentleman from Missouri (Mr. tration). ment, including the materials described CLEAVER) that the House suspend the (4) Any other medical equipment or sup- under section 2. rules and pass the bill, H.R. 3146. plies determined by the Secretary of Health (b) ENCOURAGING PARTNERSHIPS.—During The question was taken; and (two- and Human Services or the Secretary of the COVID–19 emergency period, the Out- thirds being in the affirmative) the Homeland Security to be scarce and critical reach Representative shall seek to develop rules were suspended and the bill was materials essential to the national defense partnerships between companies, in coordination with any overall coordinator ap- passed. for purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511). pointed by the President to oversee the re- A motion to reconsider was laid on (b) FUTURE PREPAREDNESS FOR HEALTH sponse to the COVID–19 emergency, includ- the table. EMERGENCIES.—Section 702(14) of the Defense ing through the exercise of the authorities

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.030 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2457 delegated by the President under section 708 (c) SUNSET.—The requirements of this sec- The Defense Production Act of 1950 of the Defense Production Act of 1950 (50 tion shall terminate on the later of— provides the President with a wide U.S.C. 4558). (1) December 31, 2021; or range of authorities to enhance the do- SEC. 5. ENHANCEMENT OF SUPPLY CHAIN PRO- (2) the end of the COVID–19 emergency pe- mestic industrial base to shift towards DUCTION. riod. the production of goods and materials In exercising authority under title III of SEC. 7. REPORT ON ACTIVITIES INVOLVING the Defense Production Act of 1950 (50 U.S.C. SMALL BUSINESS. essential to the defense of our country. 4531 et seq.) with respect to materials de- The report required by section 304(f)(3) of At the time this law was written, scribed in section 2, the President shall seek the Defense Production Act of 1950 (50 U.S.C. they did not anticipate that personal to ensure that support is provided to compa- 4534(f)(3)) for fiscal years 2022 and 2023 shall protection equipment, vaccines, and nies that comprise the supply chains for re- include the percentage of contracts awarded other medical supplies could be essen- agents, components, raw materials, and using funds to carry out the Defense Produc- tial to the defense of our country. This other materials and items necessary to tion Act of 1950 for each of the fiscal years pandemic has made abundantly clear produce or use the materials described in 2022 and 2023, respectively, to small business section 2 to the extent necessary for the na- that medical materials to ensure our concerns (as defined under section 702 of such public health are absolutely essential tional defense during the COVID–19 emer- Act). to the defense of this country. gency period. SEC. 8. DEFINITIONS. SEC. 6. ENHANCED REPORTING DURING COVID– In this Act: This bill would ensure that our Na- 19 EMERGENCY. (1) APPROPRIATE CONGRESSIONAL COMMIT- tion has access to medical materials (a) REPORT ON EXERCISING AUTHORITIES TEES.—The term ‘‘appropriate congressional necessary to respond to the COVID–19 UNDER THE DEFENSE PRODUCTION ACT OF committees’’ means the Committees on Ap- pandemic by allowing certain medical 1950.— propriations, Armed Services, Energy and materials to qualify for purchase and (1) IN GENERAL.—Not later than 90 days Commerce, Financial Services, and Home- after the date of the enactment of this Act, increased production under the DPA’s land Security of the House of Representa- the President, in consultation with the Ad- authority. It would also amend the tives and the Committees on Appropriations, ministrator of the Federal Emergency Man- DPA to ensure that the DPA’s authori- Armed Services, Banking, Housing, and agement Agency, the Secretary of Defense, ties could be used to address prepara- Urban Affairs, Health, Education, Labor, and and the Secretary of Health and Human tion for the next public health emer- Pensions, Homeland Security and Govern- Services, shall submit to the appropriate mental Affairs, and Veterans’ Affairs of the gency to help get the United States congressional committees a report on the ex- Senate. ahead of deadly future pandemics. ercise of authorities under titles I, III, and (2) COVID–19 EMERGENCY PERIOD.—The Additionally, in order to respond to VII of the Defense Production Act of 1950 (50 term ‘‘COVID–19 emergency period’’ means the evolving needs of local authorities U.S.C. 4501 et seq.) prior to the date of such the period beginning on the date of enact- to counter the COVID–19 pandemic, report for the purposes of the COVID–19 re- ment of this Act and ending on the earlier sponse. this bill would provide the Federal of— (2) CONTENTS.—The report required under Government with the authority to (A) the end of the incident period for the subsection (a) and the update required under allow State, local, and Tribal govern- emergency declared on March 13, 2020, by the paragraph (3) shall include the following: ments’ orders for qualifying goods and President under section 501 of the Robert T. (A) IN GENERAL.—With respect to each ex- materials to be prioritized ahead of the Stafford Disaster Relief and Emergency As- ercise of such authority— Federal Government. sistance Act (42 U.S.C. 4121 et seq.) relating (i) an explanation of the purpose of the ap- to the Coronavirus Disease 2019 (COVID–19) Finally, to streamline engagement plicable contract, purchase order, or other pandemic; or with the private sector on supply chain exercise of authority (including an alloca- (B) September 30, 2025. support for production of essential mation of materials, services, and facilities (3) RELEVANT STAKEHOLDER.—The term terials to counter COVID–19, this bill under section 101(a)(2) of the Defense Produc- ‘‘relevant stakeholder’’ means— provides a framework that includes a tion Act of 1950 (50 U.S.C. 4511(a)(2)); (A) representative private sector entities; (ii) the cost of such exercise of authority; dedicated outreach representative and (B) representatives of the nonprofit sector; and reporting to Congress on purchases (C) representatives of primary and sec- (iii) if applicable— made and contracts entered into under ondary school systems; and (I) the amount of goods that were pur- DPA authority. (D) representatives of organizations rep- chased or allocated; I would like to thank Mr. VARGAS for resenting workers, including health workers, (II) an identification of the entity awarded his hard work in ensuring that the manufacturers, teachers, other public sector a contract or purchase order or that was the employees, and service sector workers. President has the necessary tools at subject of the exercise of authority; and (4) STATE.—The term ‘‘State’’ means each his or her disposal when they respond (III) an identification of any entity that of the several States, the District of Colum- to the COVID–19 pandemic. had shipments delayed by the exercise of any bia, the Commonwealth of Puerto Rico, and For these reasons, Mr. Speaker, I authority under the Defense Production Act any territory or possession of the United urge all of my colleagues to support of 1950 (50 U.S.C. 4501 et seq.). States. this bill, and I reserve the balance of (B) CONSULTATIONS.—A description of any consultations conducted with relevant stake- The SPEAKER pro tempore. Pursu- my time. holders on the needs addressed by the exer- ant to the rule, the gentleman from Mr. HILL. Mr. Speaker, I yield my- cise of the authorities described in paragraph Missouri (Mr. CLEAVER) and the gen- self such time as I may consume. (1). tleman from Arkansas (Mr. HILL) each Mr. Speaker, I rise in support of H.R. (3) UPDATE.—The President shall provide will control 20 minutes. 3125, sponsored by my friend from Cali- an additional briefing to the appropriate The Chair recognizes the gentleman fornia (Mr. VARGAS). congressional committees on the matters de- from Missouri. His legislation would help strengthen scribed under paragraph (2) no later than the oversight over this issue that we four months after the submission of the re- b 1315 are discussing today of using the De- port. GENERAL LEAVE fense Production Act’s authorities dur- (b) EXERCISE OF LOAN AUTHORITIES.— Mr. CLEAVER. Mr. Speaker, I ask ing this COVID–19 pandemic. It also (1) IN GENERAL.—Any loan made pursuant unanimous consent that all Members to section 302 or 303 of the Defense Produc- would help streamline the use of those tion Act of 1950, carried out by the United may have 5 legislative days within authorities so that we ensure that the States International Development Finance which to revise and extend their re- Federal Government’s response is co- Corporation pursuant to the authorities del- marks on this legislation and to insert ordinated effectively with State-led ef- egated by Executive Order No. 13922, shall be extraneous material thereon. forts. subject to the notification requirements con- The SPEAKER pro tempore. Is there I was proud to cosponsor this bill tained in section 1446 of the BUILD Act of objection to the request of the gen- with my friend from California. I think 2018 (22 U.S.C. 9656). tleman from Missouri? every Member of this House recognized (2) APPROPRIATE CONGRESSIONAL COMMIT- There was no objection. that coordination challenge during the TEES.—For purposes of the notifications re- Mr. CLEAVER. Mr. Speaker, I yield emergency, and it was challenging in quired by paragraph (1) the term ‘‘appro- myself such time as I may consume. some of our States to see surplus of priate congressional committees’’, as used Mr. Speaker, I rise in strong support section 1446 of the BUILD Act of 2018, shall supply in some States and not in oth- be deemed to include the Committee on Fi- of H.R. 3125, the COVID–19 Emergency ers. nancial Services of the House of Representa- Medical Supplies Enhancement Act of So Mr. VARGAS has attempted to tives and the Committee on Banking, Hous- 2021, introduced by my colleague and focus in during the pandemic on ening and Urban Development of the Senate. friend, Mr. VARGAS. hancing that coordination when we are

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.006 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2458 CONGRESSIONAL RECORD — HOUSE May 18, 2021 using the DPA. That coordination ef- colleagues as cosponsors, Representa- HOMEBUYER ASSISTANCE ACT OF fort would work with private suppliers tives TAYLOR, RYAN, and GONZA´ LEZ- 2021 of medical items for more efficient and COLO´ N. In a bipartisan manner, we have Mr. CLEAVER. Mr. Speaker, I move essential consideration when the U.S. recognized the importance of public to suspend the rules and pass the bill is facing this kind of a public health health emergency preparedness, includ- (H.R. 3008) to amend the National emergency. ing PPE and vaccine production. Housing Act to authorize State-li- Although the U.S. appears to be (English translation of the statement censed appraisers to conduct appraisals exiting the pandemic now, DPA au- made in Spanish is as follows:) in connection with mortgages insured thorities are still in use to address our I also want to say that too many peo- by the FHA and to require compliance critical medical needs. We must be es- ple in our Latino communities have with the existing appraiser education pecially vigilant as the coronavirus died due to this virus. So, please, now requirement, and for other purposes. continues to wreak havoc abroad, giv- that the vaccine is available, protect The Clerk read the title of the bill. ing rise to potential new variants that yourselves and protect our commu- The text of the bill is as follows: the medical community will have to nity—get vaccinated today. H.R. 3008 monitor closely. Tambie´n quiero decir que demasiadas Be it enacted by the Senate and House of Rep- Of course, we are all now far more personas de nuestras comunidades resentatives of the United States of America in sensitized to the pandemic risks that Latinas han muerto por este virus. Congress assembled, may arise with little notice in the fu- SECTION 1. SHORT TITLE. Entonces, por favor, ya que la vacuna This Act may be cited as the ‘‘Homebuyer ture. Mr. VARGAS’ legislation provides esta´ disponible, prote´janse y protejan a Assistance Act of 2021’’. a blueprint for deploying the DPA nuestra comunidad—va´ yanse a vacunar SEC. 2. APPRAISAL STANDARDS FOR SINGLE- more rapidly should we face a public hoy. FAMILY HOUSING MORTGAGES. health emergency in the years ahead, The SPEAKER pro tempore. The gen- (a) CERTIFICATION OR LICENSING.—Para- all while allowing for appropriate, ac- tleman from California will provide a graph (5) of section 202(g) of the National tive congressional oversight. translation of his remarks to the Housing Act (12 U.S.C. 1708(g)) is amended— (1) by striking subparagraph (A) and in- I am happy to cosponsor my friend’s Clerk. legislation. I appreciate the bipartisan serting the following new subparagraph: Mr. HILL. Mr. Speaker, in closing, I ‘‘(A)(i) in the case of an appraiser for a work that we have shared undertaking thank my friend from California for his mortgage for single-family housing, be cer- this item in the House Financial Serv- attention to this effort, particularly tified or licensed by the State in which the ices Committee. with the Federal oversight of how the property to be appraised is located; and Mr. Speaker, I reserve the balance of DPA is used; what we can learn in this ‘‘(ii) in the case of an appraiser for a mort- my time. extraordinary past year that we have gage for multifamily housing, be certified by the State in which the property to be ap- Mr. CLEAVER. Mr. Speaker, I yield 2 experienced; and how we can be better minutes to the gentleman from Cali- praised is located; and’’; and prepared not only now as we assess (2) in subparagraph (B), by inserting before fornia (Mr. VARGAS). those contracts and the use of the De- Mr. VARGAS. Mr. Speaker, I rise the period at the end the following: ‘‘, which, fense Production Act in this pandemic, in the case of appraisers for any mortgage today in support of the COVID–19 but how we, as I said, can have a blue- for single-family housing, shall include com- Emergency Medical Supplies Enhance- print for the future. I congratulate him pletion of a course or seminar that consists ment Act, H.R. 3125, because I agree for his work and I appreciate his lead- of not less than 7 hours of training regarding with my good friend from Arkansas ership. such appraisal requirements that is approved that we don’t want to get caught at by the Course Approval Program of the Ap- Mr. Speaker, I have no further speak- low tide with no bathing suit. In fact, praiser Qualifications Board of the Appraisal ers, so I yield back the balance of my that is a very bad idea. Foundation or a State appraiser certifying time. The administration has been ex- and licensing agency’’. Mr. CLEAVER. Mr. Speaker, I yield (b) COMPLIANCE WITH VERIFIABLE EDU- tremely effective in using the Defense myself the balance of my time, which CATION REQUIREMENTS; GRANDFATHERING.— Production Act to help produce vac- will be very short like this bathing Effective beginning on the date of the effec- cines and PPE. Following these efforts, tiveness of the mortgagee letter or other suit. cases and deaths have declined signifi- guidance issued pursuant to subsection (c) of cantly. My bipartisan bill will support Mr. Speaker, this bill takes the les- this section, notwithstanding any choice or the current use of DPA and facilitate sons we have learned over the past 14 approval of any appraiser made before such its use in the future to save lives. months and builds on the DPA’s pur- date of enactment, no appraiser may conduct pose of harnessing our domestic indus- an appraisal for any mortgage for single- This bill amends the DPA to explic- family housing insured under title II of the itly include public health emergency trial base in the interest of national defense to ensure that we have the National Housing Act (12 U.S.C. 1707 et seq.) preparedness as a core activity for na- unless such appraiser is, as of such date of ef- tional defense, as was mentioned by my medical materials necessary to respond fectiveness, in compliance with— good friend from Arkansas. to the COVID–19 pandemic and to fu- (1) all of the requirements under section It also provides guidance to create an ture pandemics. 202(g)(5) of such Act (12 U.S.C. 1708(g)(5)), as outreach representative who would act I thank Mr. VARGAS for his vision amended by subsection (a) of this section, in- as the point person for Federal and pri- and hard work in ensuring that our Na- cluding the requirement under subparagraph tion can bring together its leadership (B) of such section 202(g)(5) (relating to dem- vate engagement to increase produc- onstrated verifiable education in appraisal tion of medically necessary materials. and scientific innovation and our impressive domestic industrial base to requirements); or It also requires the administration to (2) all of the requirements under section provide a much-needed report clearly support our collective public health 202(g)(5) of such Act as in effect on the day conveying the Federal contracts and well-being through access to nec- before the date of the enactment of this Act. awarded under the DPA authorities. essary medical materials. (c) IMPLEMENTATION.—Not later than the Finally, it requires additional report- Mr. Speaker, I urge all of my col- expiration of the 240-day period beginning on ing on the percentage of contracts leagues to vote ‘‘yes’’ on the bill, and I the date of the enactment of this Act, the yield back the balance of my time. Secretary of Housing and Urban Develop- awarded to small businesses. ment shall issue a mortgagee letter or other I urge the administration to The SPEAKER pro tempore. The guidance that shall— disaggregate data on small businesses question is on the motion offered by (1) implement the amendments made by awarded the DPA contracts. We need to the gentleman from Missouri (Mr. subsection (a) of this section; clearly see the number of contracts CLEAVER) that the House suspend the (2) clearly set forth all of the specific re- going to individuals from underserved rules and pass the bill, H.R. 3125. quirements under section 202(g)(5) of the Na- communities, including communities The question was taken; and (two- tional Housing Act (as amended by sub- of color, veterans, and individuals with thirds being in the affirmative) the section (a) of this section) for approval to conduct appraisals under title II of such Act disabilities. rules were suspended and the bill was for mortgages for single-family housing, I am proud to have introduced this passed. which shall include— bill with my good friend from Arkan- A motion to reconsider was laid on (A) providing that the completion, prior to sas, Representative HILL; and also my the table. the effective date of such mortgagee letter

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2459 or guidance, of training meeting the require- Mr. Speaker, I rise in support of H.R. colleague from Texas (Mr. TAYLOR) for ments under subparagraph (B) of such sec- 3008, the Homebuyer Assistance Act of working with me on this bill, the tion 202(g)(5) (as amended by subsection (a) 2021, sponsored by my friend from Cali- Homebuyer Assistance Act of 2021. I of this section) shall be considered to fulfill fornia (Mr. SHERMAN) and cosponsored thank the gentleman from Arkansas the requirement under such subparagraph; and by my colleague from Texas (Mr. TAY- and the gentleman from Missouri for (B) providing a method for appraisers to LOR), who are both superb active mem- doing an excellent job of explaining the demonstrate such prior completion; and bers of the Committee on Financial importance of this bill to the House, so (3) take effect not later than the expiration Services here in the House. I will be brief. of the 180-day period beginning upon The committee reviewed many of the There is no more important day in issuance of such mortgagee letter or guid- issues faced by the appraisal industry. the economic life of a family than ance. There were two concerns heard loud when they buy a home, particularly, The SPEAKER pro tempore. Pursu- and clear from the witnesses: the pro- their first home, and appraisers play an ant to the rule, the gentleman from longed backlog for appraisals and the important role in that very important Missouri (Mr. CLEAVER) and the gen- decreased quality in appraisals used in day. So this bill looks to bring into tleman from Arkansas (Mr. HILL) each transactions involving loans insured by synchrony the rules of the FHA dealing will control 20 minutes. the Federal Housing Administration, with appraisers, the FHA being the The Chair recognizes the gentleman the FHA. third-largest Federal home loan fi- from Missouri. H.R. 3008 addresses these concerns in nance agency, bring those standards GENERAL LEAVE two ways. First, the bill amends cur- into conformity or rough conformity Mr. CLEAVER. Mr. Speaker, I ask rent law to expand the pool of apprais- with the two larger Federal home loan unanimous consent that all Members ers eligible to participate in FHA-in- finance agencies, Fannie Mae and may have 5 legislative days within sured transactions from being just cer- Freddie Mac. which to revise and extend their re- tified appraisers to include both cer- This will help deal with the shortage marks on this legislation and insert ex- tified and licensed appraisers. of appraisers that we are seeing in var- traneous materials thereon. Additionally, the bill addresses the ious parts of the country. Appraisers The SPEAKER pro tempore. Is there different training requirements that are an important part of the home-buy- objection to the request of the gen- each must meet. Currently, certified ing process for both lenders and bor- appraisers must have 1,500 hours of su- tleman from Missouri? rowers to provide assurance that the pervised experience without any prop- There was no objection. amount of the mortgage is supported erty value or complexity restrictions. Mr. CLEAVER. Mr. Speaker, I yield by the estimate property value. myself such time as I may consume. Licensed appraisers need only 1,000 Since 2010, all the State-licensed hours of supervised experience, and Mr. Speaker, I rise in support of H.R. home appraisers have been required to there are some property value or com- 3008, the Homebuyer Assistance Act of meet minimum Federal education ex- plexity restrictions on licensed ap- 2021, which would make a common- perience and examination require- sense update to the Federal Housing praisers. So H.R. 3008 sets minimum trending ments set by the Appraiser Qualifica- Administration’s requirements gov- requirements for both types of apprais- tions Board. erning appraisals to allow licensed ap- So the standards set by the Appraiser ers in FHA transactions. Certified and praisers to conduct home valuations Qualifications Board are fully suffi- licensed appraisers must have at least 7 for FHA-backed mortgages. cient for Fannie Mae and Freddie Mac, hours of approved training by The Ap- The current requirement to utilize a and they should be for the FHA as well. praisal Foundation or their State li- certified appraiser for all FHA loans is Unfortunately, until this bill passes, censing agency. These changes will simply outdated as it was put into appraisers for FHA mortgages must help break that logjam and bring place at a time when there were no meet the higher standard. This creates FHA’s appraisal rules in line with the minimum Federal standards for State a shortage of appraisers who can do current appraisal rules used by our licensure of appraisers, leaving con- FHA appraisals. government-sponsored enterprises, cerns about consistency in competency By helping address the shortage of Fannie Mae and Freddie Mac, in the across States. appraisers that plague many areas, this secondary market and in the conven- Now that we do have minimum legislation will provide much-needed standards for licensure, FHA’s certifi- tional mortgage market. Moreover, the changes that Mr. assistance for first-time, low-and-mod- cation requirement is not only out of erate income and minority homebuyers SHERMAN and Mr. TAYLOR proposed will date and out of alignment with Fannie help alleviate the appraisal backlog at who rely on FHA mortgages or rely on Mae and Freddie Mac, it is also cre- the FHA and increase the quality of mortgages that may become FHA ating marketwide pressures for lenders work being performed. That would ben- mortgages during the process. to require certified appraisers for all Over 83 percent of the FHA home efit both homeowners and taxpayers loans, even if they are not FHA loans, mortgages made in 2018 were to first- alike. just in case the mortgage switches to As a former community banker in time homebuyers and over one-third of an FHA loan midway through the proc- Arkansas, I understand firsthand how all FHA loans were obtained by minor- ess. the appraiser shortage has been a prob- ity households. I am pleased to say This, in turn, makes it harder for li- lem in my home State. For example, in that with the support of this House, we censed appraisers to obtain work at a Arkansas, there has been a consistent passed the Homebuyer Assistance Act time when certain areas are experi- delay in home purchases in rural areas in 2019 with overwhelming bipartisan encing appraiser shortages, and we are because of the increased burdens that support, 419–5. already struggling to effectively re- this shortage has brought about. This Today, I hope the House renews that cruit new and diverse appraisers. Li- has created a ripple effect that has had wisdom, and I hope to see a similar censed appraisers who are perfectly a negative impact on the economies or level of wisdom in the Senate. qualified to conduct appraisals for GSE Mr. HILL. Mr. Speaker, I thank my in those neighborhoods. loans should be just as qualified to con- Mr. Speaker, I thank my friends, Mr. friend, the gentleman from California (Mr. SHERMAN), for his hard work on duct appraisals for FHA loans. SHERMAN and Mr. TAYLOR. I urge all I would like to thank Mr. SHERMAN Members to support this bill; and I re- this bill. for introducing this legislation; and serve the balance of my time. I hope that we are able to get it over the Republican cosponsor, Mr. VAN the finish line and to the President’s TAYLOR, for supporting this all-impor- b 1330 desk. I appreciate Senator THUNE tant bill. Mr. CLEAVER. Mr. Speaker, I yield 2 working on this in the Senate. Mr. Speaker, I urge all Members to minutes to the gentleman from Cali- It is an important piece of legislation vote ‘‘yes,’’ and I reserve the balance of fornia (Mr. SHERMAN), who is a sponsor that will aid, as Mr. SHERMAN outlined, my time. of this legislation. first-time home buyers. A majority of Mr. HILL. Mr. Speaker, I yield my- Mr. SHERMAN. Mr. Speaker, I thank this benefit speeds up that process for self such time as I may consume. the gentleman for yielding. I thank our the family who is trying to buy their

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.011 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2460 CONGRESSIONAL RECORD — HOUSE May 18, 2021 first home or a home that is low security-based swap, or security-based swap ploys a person who has violated this section, enough in mortgage size to be insured agreement, or any nonpublic information, if such controlling person or employer did by the FHA. This is something we want from whatever source, that has, or would not participate in, or directly or indirectly reasonably be expected to have, a material to do to speed access to the American induce the acts constituting a violation of effect on the market price of any such secu- this section. Dream for low- to moderate-income rity, security-based swap, or security-based ‘‘(e) AFFIRMATIVE DEFENSES.— families. swap agreement, if such person knows, or ‘‘(1) IN GENERAL.—The Commission may, I thank Mr. SHERMAN for his work, recklessly disregards, that such information by rule or by order, exempt any person, secu- and I encourage all of my friends on has been obtained wrongfully, or that such rity, or transaction, or any class of persons, both sides of the aisle to support H.R. purchase or sale would constitute a wrongful securities, or transactions, from any or all of 3008, and I yield back the balance of my use of such information. the provisions of this section, upon such ‘‘(b) PROHIBITION AGAINST THE WRONGFUL terms and conditions as it considers nec- time. COMMUNICATION OF CERTAIN MATERIAL, NON- Mr. CLEAVER. Mr. Speaker, I yield essary or appropriate in furtherance of the PUBLIC INFORMATION.—It shall be unlawful purposes of this title. myself the balance of my time. for any person whose own purchase or sale of ‘‘(2) DIRECTED TRADING.—The prohibi- Mr. Speaker, I again want to thank a security, security-based swap, or entry tions of this section shall not apply to any the gentleman from California (Mr. into a security-based swap agreement would person who acts at the specific direction of, SHERMAN) for bringing this legislation violate subsection (a), wrongfully to commu- and solely for the account of another person forward and for the support of the gen- nicate material, nonpublic information re- whose own securities trading, or communica- lating to such security, security-based swap, tleman from Texas (Mr. TAYLOR). tions of material, nonpublic information, or security-based swap agreement, or any would be lawful under this section. This bill removes unnecessary bar- nonpublic information, from whatever ‘‘(3) RULE 10b–5–1 COMPLIANT TRANS- riers to the home-buying process, source, that has, or would reasonably be ex- ACTIONS.—The prohibitions of this section which will help millions of FHA bor- pected to have, a material effect on the marshall not apply to any transaction that satis- rowers over time. ket price of any such security, security- fies the requirements of Rule 10b–5–1 (17 CFR based swap, or security-based swap agree- Mr. Speaker, I urge my colleagues to 240.10b5–1), or any successor regulation.’’. ment, to any other person if— join me in supporting this important (b) COMMISSION REVIEW OF RULE 10b–5– ‘‘(1) the other person— legislation, and I yield back the bal- 1.—Not later than 180 days after the date of ‘‘(A) purchases, sells, or causes the pur- the enactment of this Act, the Securities and ance of my time. chase or sale of, any security or security- The SPEAKER pro tempore. The Exchange Commission shall review Rule 10b– based swap or enters into or causes the entry 5–1 (17 CFR 240.10b5–1) and make any modi- question is on the motion offered by into any security-based swap agreement, to fications the Securities and Exchange Com- the gentleman from Missouri (Mr. which such communication relates; or mission determines necessary or appropriate CLEAVER) that the House suspend the ‘‘(B) communicates the information to because of the amendment to the Securities rules and pass the bill, H.R. 3008. another person who makes or causes such a Exchange Act of 1934 made by this Act. purchase, sale, or entry while aware of such The question was taken. (c) CONFORMING AMENDMENTS.—The Secu- information; and The SPEAKER pro tempore. In the rities Exchange Act of 1934 (15 U.S.C. 78a et ‘‘(2) such a purchase, sale, or entry while seq.) is further amended— opinion of the Chair, two-thirds being aware of such information is reasonably fore- in the affirmative, the ayes have it. (1) in section 21(d)(2), by inserting ‘‘, sec- seeable. tion 16A of this title’’ after ‘‘section 10(b) of ‘‘(c) STANDARD AND KNOWLEDGE REQUIRE- Mr. NORMAN. Mr. Speaker, on that I this title,’’; MENT.— demand the yeas and nays. (2) in section 21A— ‘‘(1) STANDARD.—For purposes of this sec- The SPEAKER pro tempore. Pursu- (A) in subsection (g)(1), by inserting ‘‘and tion, trading while aware of material, non- ant to section 3(s) of House Resolution section 16A,’’ after ‘‘thereunder,’’; and public information under subsection (a) or (B) in subsection (h)(1), by inserting ‘‘and 8, the yeas and nays are ordered. communicating material nonpublic informa- section 16A,’’ after ‘‘thereunder,’’; and Pursuant to clause 8 of rule XX, fur- tion under subsection (b) is wrongful only if (3) in section 21C(f), by inserting ‘‘or sec- ther proceedings on this motion are the information has been obtained by, or its tion 16A,’’ after ‘‘section 10(b)’’. postponed. communication or use would constitute, directly or indirectly— SEC. 3. DETERMINATION OF BUDGETARY EF- f FECTS. ‘‘(A) theft, bribery, misrepresentation, or The budgetary effects of this Act, for the INSIDER TRADING PROHIBITION espionage (through electronic or other purpose of complying with the Statutory ACT means); Pay-As-You-Go Act of 2010, shall be deter- ‘‘(B) a violation of any Federal law pro- Mr. CLEAVER. Mr. Speaker, I move mined by reference to the latest statement tecting computer data or the intellectual titled ‘‘Budgetary Effects of PAYGO Legisla- to suspend the rules and pass the bill property or privacy of computer users; tion’’ for this Act, submitted for printing in (H.R. 2655) to amend the Securities Ex- ‘‘(C) conversion, misappropriation, or the Congressional Record by the Chairman of change Act of 1934 to prohibit certain other unauthorized and deceptive taking of the House Budget Committee, provided that securities trading and related commu- such information; or such statement has been submitted prior to ‘‘(D) a breach of any fiduciary duty, a nications by those who possess mate- the vote on passage. rial, nonpublic information, as amend- breach of a confidentiality agreement, a ed. breach of contract, a breach of any code of The SPEAKER pro tempore. Pursu- The Clerk read the title of the bill. conduct or ethics policy, or a breach of any ant to the rule, the gentleman from other personal or other relationship of trust The text of the bill is as follows: Missouri (Mr. CLEAVER) and the gen- and confidence for a direct or indirect per- tleman from Arkansas (Mr. HILL) each H.R. 2655 sonal benefit (including pecuniary gain, will control 20 minutes. Be it enacted by the Senate and House of reputational benefit, or a gift of confidential The Chair recognizes the gentleman information to a trading relative or friend). Representatives of the United States of America from Missouri. in Congress assembled, ‘‘(2) KNOWLEDGE REQUIREMENT.—It shall GENERAL LEAVE SECTION 1. SHORT TITLE. not be necessary that the person trading This Act may be cited as the ‘‘Insider while aware of such information (as pro- Mr. CLEAVER. Mr. Speaker, I ask Trading Prohibition Act’’. scribed by subsection (a)), or making the unanimous consent that all Members communication (as proscribed by subsection SEC. 2. PROHIBITION ON INSIDER TRADING. may have 5 legislative days within (b)), knows the specific means by which the which to revise and extend their re- (a) IN GENERAL.—The Securities Ex- information was obtained or communicated, change Act of 1934 (15 U.S.C. 78a et seq.) is or whether any personal benefit was paid or marks on this legislation and to insert amended by inserting after section 16 the fol- promised by or to any person in the chain of any extraneous materials thereon. lowing new section: communication, so long as the person trad- The SPEAKER pro tempore. Is there ‘‘SEC. 16A. PROHIBITION ON INSIDER TRADING. ing while aware of such information or mak- objection to the request of the gen- ‘‘(a) PROHIBITION AGAINST TRADING SECU- ing the communication, as the case may be, tleman from Missouri? RITIES WHILE AWARE OF MATERIAL, NON- was aware, consciously avoided being aware, There was no objection. PUBLIC INFORMATION.—It shall be unlawful or recklessly disregarded that such informa- Mr. CLEAVER. Mr. Speaker, I yield for any person, directly or indirectly, to pur- tion was wrongfully obtained, improperly myself such time as I may consume. chase, sell, or enter into, or cause the pur- used, or wrongfully communicated. Mr. Speaker, I rise in strong support chase or sale of or entry into, any security, ‘‘(d) DERIVATIVE LIABILITY.—Except as security-based swap, or security-based swap provided in section 20(a), no person shall be of H.R. 2655, the Insider Trading Prohi- agreement, while aware of material, non- liable under this section solely by reason of bition Act, which was introduced by public information relating to such security, the fact that such person controls or em- my colleague, Mr. HIMES.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.038 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2461 This long-overdue bill creates a clear under the antifraud provisions of the terest, this is landmark legislation. As definition of illegal insider trading Federal securities laws. Mr. HILL pointed out, we passed it in under the securities laws so that there The Securities and Exchange Com- the last Congress with a vote of 410–13, is a codified, consistent standard for mission, the SEC, and the Department and that was the result of a very com- courts and market participants. This of Justice have the power to bring in- prehensive and fairly technical nego- bill will help to better protect the sider trading cases, and both agencies tiation around the fine points of in- hard-earned savings of millions of regularly exercise this power. sider trading. Americans and bring legal and regu- One body of insider trading law that The second thing I would point out is latory certainty to U.S. securities mar- has been developed is through the that everyone in this Chamber should kets. courts. Decades of judicial precedent agree that law is to be made in this For nearly 80 years, the Securities are in place to protect investors and Chamber, not in the chambers of and Exchange Commission has sought markets by punishing bad actors who unelected judges throughout the land. to hold corporate insiders accountable illegally trade on insider information. While Mr. HILL is correct that there for insider trading through general Codifying nuanced case law and regu- has been a vast body of court-made law statutory antifraud provisions and lations that have been developed over around insider trading developed over rules it has promulgated under those the decades into a single statute pro- the generations, that is far from ideal provisions. This has resulted in a web hibiting insider trading is a serious un- and, frankly, an abrogation of the leg- of court decisions that generally pro- dertaking, and the gentleman from islative responsibilities of the United hibit insiders with a duty of trust and Connecticut (Mr. HIMES) has tackled States Congress. So, we are where we confidence to a corporation from se- this challenging task. are. cretly trading on material, nonpublic To be explicitly clear, this legisla- We have attempted to make clear corporate information for their own tion’s intent is to codify, and neither and clear up a great deal of the uncer- personal gain. expand nor contract, insider trading tainty, the reversed convictions, the These insiders are also generally pro- law as it is currently understood and activities in the Second Circuit that hibited from tipping outsiders, known interpreted by the Federal courts. have overturned convictions and cre- as tippees, who then trade on the infor- Again, there should not be a single ated uncertainty in the law. This is an mation themselves, even though they cause of action available under this law effort to make clear what I think ev- knew it was wrongly obtained. But be- that would not otherwise be available eryone understands, which is that if cause there isn’t a statutory definition to Federal prosecutors or SEC enforce- you trade on information that you of insider trading, there is uncertainty ment attorneys under the already ex- know to have been wrongly obtained or around who is subject to insider trad- isting securities laws. I underscore this that you wrongly obtained or that you ing prohibitions. point because both Republican and recklessly disregard was wrongly ob- Further, with various court deci- Democratic SEC Commissioners have tained, you are doing something wrong. sions, liability for this type of viola- expressed concerns about Congress In this case, with the passage of this tion has shifted. For example, in 2014, drafting a statute that accurately cap- legislation, it will be clear that you an appeals court added a brand-new re- tures this expansive body of law with- have violated the law. quirement that the tippee must not out expanding it. I am excited for the passage of this just know that information was wrong- I agree with them. I think it would legislation because I am a believer that fully disclosed but must also know be tough to draft a perfect insider trad- it is, in fact, the elected legislators of about the specific personal benefit that ing law. But with that said, I appre- this country and not the judges, as im- the insider received. This decision has ciate the gentleman from Connecti- portant as their role may be, who severely hampered the SEC’s ability to cut’s intentions not to expand the should determine what we consider prosecute insider trading cases. scope of current insider trading en- wrong in statute and what we punish According to Preet Bharara, the forcement and his willingness to work people for doing. former U.S. attorney for the Southern with us in a bipartisan manner last Finally, of course, it is essential that District of New York, this decision Congress and again in this Congress. everyone out there have confidence in ‘‘provides a virtual roadmap for savvy Specifically, Ranking Member PAT- our markets. Every time there is an- hedge-fund managers to insulate them- RICK MCHENRY’s amendment last Con- other headline about an insider trader selves from tippee liability by know- gress, included in the base text of this or a reversed conviction of insider trad- ingly placing themselves at the end of year’s provision, provides the needed ing, that confidence is damaged. So, I a chain of insider information and changes to align the explicit personal applaud the bringing of this bill to the avoiding learning details about the benefit test more closely with Supreme floor. sources of obvious confidential and im- Court precedent. It also clarifies am- b 1345 properly disclosed information.’’ biguous wording to ensure that judges I am pleased that this bill codifies and prosecutors know that this bill is Mr. HILL. Mr. Speaker, I thank my existing case law and overturns this not intended to expand or create new friend from Connecticut for his vig- new controversial requirement, cre- insider trading liability. orous defense, always welcome on the ating a clear, consistent standard for Republicans will continue to speak House floor, of Article I power here in the SEC, the courts, and market par- out and support efforts to combat ille- the Congress. Both sides of the aisle ticipants to follow. gal insider trading. We look forward to are grateful for that, as we defend it on Last Congress, the House of Rep- working with our colleagues on the a regular basis. We thank him for his resentatives passed this commonsense House Financial Services Committee work. bipartisan bill with an overwhelmingly and in the Senate, and I reserve the Mr. Speaker, I yield 3 minutes to the bipartisan vote of 410–13. balance of my time. gentleman from Michigan (Mr. Mr. Speaker, I urge my colleagues to Mr. CLEAVER. Mr. Speaker, I yield 2 HUIZENGA), the ranking member of the once again support this important bill, minutes to the gentleman from Con- Subcommittee on Investor Protection, and I reserve the balance of my time. necticut (Mr. HIMES), who is also a Entrepreneurship, and Capital Markets Mr. HILL. Mr. Speaker, I yield my- sponsor of this legislation. of the House Financial Services Com- self such time as I may consume. Mr. HIMES. Mr. Speaker, I thank Mr. mittee to speak on the topic of this Mr. Speaker, stopping and punishing EMANUEL CLEAVER for yielding, and I bill. bad actors for illegal insider trading is thank my subcommittee ranking mem- Mr. HUIZENGA. Mr. Speaker, I rise a top priority for House Republicans. ber, Mr. HILL, for a very good charac- with my friend and colleague from Ar- This illegal activity hurts everyday terization of the project we are under- kansas to acknowledge the work that Main Street investors as well as the in- taking here. has been put in by our colleague from tegrity and efficiency of our markets. I will emphasize two things. Connecticut. This has been a long dis- Trading on material insider informa- Number one, at a moment when we cussion that we have had various tion in breach of fiduciary duty is cur- are working hard to find ways to work points where we have debated, and this rently prohibited by court-made law in a bipartisan fashion in the public in- is a positive thing.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.040 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2462 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Mr. Speaker, as you know, pre- Mr. HILL. Mr. Speaker, I yield an ad- We are having this exact debate venting fraud and abuse within our fi- ditional 1 minute to the gentleman about the environmental, social, and nancial system and cracking down on from Michigan. governance issues, the ESG of the Se- bad actors for illegal insider trading is Mr. HUIZENGA. However, codifying curities and Exchange Commission, a nonpartisan priority. We all believe very nuanced case law and regulations and the boundaries of those rules. This that this is a good thing. In fact, this that have been developed over decades is the balance between making sure kind of fraud and illegal activity hurts to prohibit insider trading is a signifi- that the legislature and our constitu- everyday Main Street investors. It also cant task and undertaking. We all tional powers do not contradict the makes our capital markets less effi- know that case law does oftentimes powers that are given to those regu- cient, accurate, and fair to all inves- dictate the nuances. I fear that this lators. tors. bill could add more confusion and un- Yet, at the same time, we need to Now, current law prohibits trading certainty around insider trading law make sure that the regulators, based on material insider information in with rogue judges and prosecutors on case law, based on experience and breach of a fiduciary duty under the using the language to expand the the flexibility that they may need to antifraud provisions of the Federal se- bounds of insider trading laws. go and do a law enforcement action, curities laws. Let me just repeat that. It was mentioned that this bill that they have those tools and that Current law prohibits those activities. passed this body 410–13, and I was one they are not pulled back from them. The Securities and Exchange Com- of the 13. If the gentleman’s sort of example mission and the Department of Justice We have to ask ourselves: Why was was to hold true, then we would have are the Federal agencies tasked with the bill ignored by the Senate? to eliminate all corporate law and enforcing insider trading laws. Both There isn’t a compelling problem to every single publicly traded company agencies regularly use their authority solve is why it was ignored. This is a that incorporates in Delaware. Dela- to bring insider trading cases against solution in search of a problem. ware’s entire corporate structure is I believe H.R. 2655, the Insider Trad- these bad actors who violate our in- based on case law and what has gone ing Prohibition Act, which we are de- sider trading laws. on. It is widely accepted throughout bating today, is both too broad and too However, the bill we are discussing the United States that it is solid and here today, H.R. 2655, is flawed and narrow, just as former SEC Chair positive, and that is what we are trying could potentially create even more White warned was possible, and I con- to do here today. tinue to be opposed to the legislation. confusion and uncertainty within the We are not trying to hand over more law of insider trading. It could expand Mr. CLEAVER. Mr. Speaker, I yield 1 power to the bureaucrats. We are try- liability for good-faith traders, which minute to the gentleman from Con- ing to make sure that the system that would weaken investor confidence, necticut (Mr. HIMES). is in place, that everybody understands chill vital information-gathering, and Mr. HIMES. Mr. Speaker, I must say, the rules of the road, that they then hurt the efficiency of our markets. as much respect as I have for Mr. are going to be used to be enforced. I believe it is important to note that, HUIZENGA—I have been around here a once again, the SEC is not asking for little while—I think this may be the Mr. CLEAVER. Mr. Speaker, I have this bill or, frankly, any other legisla- first time I have heard from my col- no further speakers, I am prepared to tive help on this issue. That is, the cop leagues on the other side of the aisle close, and I reserve the balance of my on the beat is not saying we need addi- that the regulators deserve deference time. tional tools. Moreover, Democrats have on this, that the regulators are not Mr. HILL. Mr. Speaker, I yield my- not identified a problem within the asking us to make a statutory change. self the balance of my time. Mr. Speaker, I think this is a good current body of law that inhibits the I have never heard that in this Cham- debate. Again, I thank my friend from prosecution of bad actors who illegally ber—this Chamber—which, under Arti- Michigan and my friend from Con- trade on material, nonpublic informa- cle I of the Constitution, is charged necticut for the quality of that debate. tion. Again, the regulators have the with writing the laws of this country. tools that they need. Apparently, my Republican friends, Mr. Speaker, I urge my colleagues to Republican and Democrat SEC chairs who don’t typically defer to regulators, support H.R. 2655, and I yield back the alike, with vastly different approaches are now saying the SEC is, at best, balance of my time. Mr. CLEAVER. Mr. Speaker, I yield to enforcement matters, have ex- neutral on this law. pressed concerns over Congress codi- Is there damage? myself the balance of my time. fying a prohibition on insider trading I would urge anybody who wants to H.R. 2655, the Insider Trading Prohi- into one single statute, as we are know about that to read the activities bition Act, is a long overdue piece of doing. Specifically, they voiced con- of the Second Circuit Court of Appeals legislation that simply spells out the cerns that Congress would write a law in the overturning of conviction after definition of illegal insider trading that would be both overly broad, yet conviction of hedge fund managers and under the security laws. It creates clar- too narrow. Now, that is an odd phrase. others around points of technical com- ity for participants in financial mar- Former SEC Chair Mary Jo White, plexity. kets, and empowers the SEC to punish during 2015 testimony—by the way, she We make the laws. We don’t ask the bad actors. was President Obama’s SEC chair—be- regulators whether they would like us This bill is supported by groups, in- fore our Financial Services Committee, to, or whether they would cheer us on cluding the Council of Institutional In- when asked whether or not Congress in making laws. We make the laws. If vestors, the California State Teachers’ should pursue an explicit statutory we are going to send people to jail, if Retirement System, the North Amer- prohibition, stated: ‘‘I think it is chal- we are going to stop the confusion of ican Securities Administrators Asso- lenging to codify it clearly in a way judge-made law, let’s do our job and ciation, and Public Citizen. that is both not too broad and retains pass this legislation. Mr. Speaker, I urge all Members to the strength of the common law.’’ Mr. HILL. Mr. Speaker, I yield 2 min- vote ‘‘yes’’ on this important bill, and Additionally, former SEC Chair Jay utes to the gentleman from Michigan I yield back the balance of my time. Clayton voiced similar concerns that (Mr. HUIZENGA). The SPEAKER pro tempore. The Congress could write an insider trading Mr. HUIZENGA. Mr. Speaker, let me question is on the motion offered by law that is both too broad and too nar- throw out one name—I guess it is actu- the gentleman from Missouri (Mr. row. ally, technically, two names: Dodd- CLEAVER) that the House suspend the I want to commend the gentleman Frank. rules and pass the bill, H.R. 2655, as from Connecticut for his dedicated My friends on the other side wrote a amended. work over the years on this issue, and massively expansive bill that did turn The question was taken. I appreciate his efforts to try and cod- over all of that authority to come up The SPEAKER pro tempore. In the ify a specific insider trading prohibi- and promulgate rules out of whole opinion of the Chair, two-thirds being tion. cloth. in the affirmative, the ayes have it. The SPEAKER pro tempore. The What we are talking about here is a Mr. HUIZENGA. Mr. Speaker, on that time of the gentleman has expired. very key word: materiality. I demand the yeas and nays.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.042 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2463 The SPEAKER pro tempore. Pursu- Pay-As-You-Go Act of 2010, shall be deter- . . . ’’ The Texas Workforce Commis- ant to section 3(s) of House Resolution mined by reference to the latest statement sion ‘‘disbursed $6,000 in unemployment 8, the yeas and nays are ordered. titled ‘‘Budgetary Effects of PAYGO Legisla- benefits through the’’ card. ‘‘Soon after Pursuant to clause 8 of rule XX, fur- tion’’ for this Act, submitted for printing in receiving her card, Ms. Y got COVID–19 the Congressional Record by the Chairman of ther proceedings on this motion are the House Budget Committee, provided that and had to be hospitalized. When she postponed. such statement has been submitted prior to was released, she tried to access the f the vote on passage. funds . . . and discovered there was’’ not one single penny left. ‘‘When she COVID–19 FRAUD PREVENTION ACT The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from called . . . to inquire about the prob- Mr. CLEAVER. Mr. Speaker, I move lem, she was told that someone had Missouri (Mr. CLEAVER) and the gen- to suspend the rules and pass the bill called, requested a new card be issued tleman from Arkansas (Mr. HILL) each (H.R. 2959) to establish the Consumer to an address in Michigan, and that will control 20 minutes. and Investor Fraud Working Group to someone in Michigan had used all the The Chair recognizes the gentleman help protect consumers and investors funds.’’ from Missouri. from fraud during the COVID–19 pan- Ms. Y is, unfortunately, not alone in demic, to assist consumers and inves- GENERAL LEAVE experiencing this kind of shameless tors affected by such fraud, and for Mr. CLEAVER. Mr. Speaker, I ask profiteering during a national crisis. other purposes, as amended. unanimous consent that all Members Representative AXNE’s bill would help The Clerk read the title of the bill. may have 5 legislative days within ensure that consumers who have been The text of the bill is as follows: which to revise and extend their re- impacted by fraud can report it and H.R. 2959 marks on this legislation and to insert have access to legal resources to com- extraneous material thereon. Be it enacted by the Senate and House of Rep- bat it. It would also provide coordina- resentatives of the United States of America in The SPEAKER pro tempore. Is there tion between the CFPB and the SEC to Congress assembled, objection to the request of the gen- combat these fraudulent schemes. SECTION 1. SHORT TITLE. tleman from Missouri? Mr. Speaker, for these reasons, I urge This Act may be cited as the ‘‘COVID–19 There was no objection. my colleagues to support this bill, and Fraud Prevention Act’’. Mr. CLEAVER. Mr. Speaker, I yield I reserve the balance of my time. SEC. 2. CONSUMER AND INVESTOR FRAUD WORK- myself such time as I may consume. b 1400 ING GROUP. Mr. Speaker, I would like to thank Mr. HILL. Madam Speaker, I yield (a) ESTABLISHMENT.—Not later than the Representative AXNE for her leadership end of the 30-day period beginning on the on H.R. 2959, the COVID–19 Fraud Pre- myself such time as I may consume. Madam Speaker, I thank the gentle- date of enactment of this Act, the Director vention Act. woman from Iowa for reintroducing of the Bureau of Consumer Financial Protec- This bill would create a joint Con- tion and the Securities and Exchange Com- this bill. There is no doubt that sumer Financial Protection Bureau mission shall, jointly, establish a working fraudsters and other bad actors have and the Securities and Exchange Com- group to be known as the ‘‘Consumer and In- been out taking advantage of con- mission fraud working group to better vestor Fraud Working Group’’ (the ‘‘Working sumers during the pandemic because Group’’). protect consumers and investors they are out taking advantage of con- (b) DUTIES.—The Working Group shall fa- against fraudulent schemes during and sumers every day anyway. Moreover, cilitate collaboration between the Bureau of after the COVID–19 pandemic. many of them are disproportionately Consumer Financial Protection and the Se- In the wake of the pandemic out- targeting seniors. curities and Exchange Commission on— break in the United States last year, (1) providing resources to consumers and The Federal Trade Commission, look- investors to avoid fraud during the COVID–19 millions of American families lost ing over the pandemic, has some 436,000 pandemic; work and struggled to keep food on the reports of fraud amounting to some al- (2) providing resources, including informa- table, pay their bills, and a roof over most $400 million. The Securities and tion on the availability of legal aid re- their heads. As early as April 2020, the Exchange Commission has stopped 49 sources, to consumers and investors who Bureau of Labor Statistics reported companies from trading, suspended for have been adversely impacted by such fraud; that more than 20 million workers had and concerns over misleading information. lost their jobs. The Consumer Financial Protection (3) such other topics as the Working Group As consumers across the country determines appropriate. Bureau, the CFPB, has gotten almost struggled with their finances and to (c) COORDINATION WITH OTHER AGENCIES.— half a million complaints. In carrying out the duties described under stay protected against infection, preda- So this effort among the regulators subsection (b), the Working Group shall co- tory scammers and unscrupulous ac- that Mrs. AXNE is proposing in H.R. ordinate and collaborate with other Federal tors have profited from consumers’ 2959 establishes the Consumer and In- and State government agencies, as appro- concerns and anxiety. vestor Fraud Working Group. This priate. Scams targeting consumers’ eco- (d) QUARTERLY REPORT.—The Working working group includes representatives nomic stimulus payments and unem- from the CFPB, the SEC, and is estab- Group shall issue a quarterly report to the ployment benefits have delayed or pre- Committee on Financial Services of the lished to help coordinate and share in- House of Representatives and the Committee vented consumers from receiving the formation across the Federal Govern- on Banking, Housing, and Urban Affairs of resources that they desperately need. ment. the Senate on the progress of the Working At the Subcommittee on Consumer The working group will focus on pro- Group and summarizing— Protection and Financial Institutions viding resources to consumers and in- (1) the resources made publicly available hearing held in March entitled ‘‘Slip- vestors and help them avoid falling vic- to consumers by the Working Group; ping Through the Cracks: Policy Op- (2) any public enforcement action taken tim to the fraudulent schemes and tions to Help America’s Consumers scams that have occurred during the jointly or individually by any member of the During the Pandemic,’’ Carla Sanchez- Working Group; COVID–19 pandemic and after. (3) the number and description of consumer Adams, managing attorney with the In addition, the working group will complaints received by the Bureau of Con- Texas RioGrande Legal Aid, shared the produce a quarterly report to the sumer Financial Protection and the Securi- story of a client she called Ms. Y, who House Financial Services Committee ties and Exchange Commission regarding lost her job because of the pandemic, and the Senate Banking Committee. fraud related to the COVID–19 pandemic; and fell ill from COVID–19, and became a This will allow Congress to monitor its (4) any other actions of the Working victim of fraud. actions and resources as it is made Group. Ms. Sa´ nchez-Adams said: ‘‘Ms. Y public. (e) SUNSET.—This section shall cease to qualified for unemployment benefits have any force or effect on and after Decem- I urge my colleagues to support this ber 31, 2022. through the Texas Workforce Commis- bill. I reserve the balance of my time. sion. Ms. Y does not have a bank ac- Mr. CLEAVER. Madam Speaker, I SEC. 3. DETERMINATION OF BUDGETARY EF- FECTS. count, so her only option to receive her have no further speakers and am pre- The budgetary effects of this Act, for the unemployment benefits was to have pared to close. I reserve the balance of purpose of complying with the Statutory the funds deposited on a prepaid card my time until Mr. HILL yields back.

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.044 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2464 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Mr. HILL. Madam Speaker, I thank those older adults who are recent immi- (2) According to data obtained by the Fed- my friend from Missouri for his leader- grants or have limited English proficiency, eral Bureau of Investigation, the incidence of ship today on these House Financial may face even greater challenges in dealing such violence increased in 2019, the most re- Services Committee bills. I appreciate with the COVID–19 pandemic, including dis- cent year for which data is available. crimination, economic insecurity, and lan- (3) In 1990, Congress enacted the Hate the hard work on a bipartisan basis on guage isolation. Crime Statistics Act (Public Law 101–275; 28 these measures. I have no additional (6) In the midst of this alarming surge in U.S.C. 534 note) to provide the Federal Gov- speakers on the Republican side. I urge anti-Asian hate crimes and incidents, a ernment, law enforcement agencies, and the a ‘‘yes’’ vote. shooter murdered the following 8 people in public with data regarding the incidence of Madam Speaker, I yield back the bal- the Atlanta, Georgia region, 7 of whom were hate crime. The Hate Crime Statistics Act ance of my time. women and 6 of whom were women of Asian and the Matthew Shepard and James Byrd, Mr. CLEAVER. Madam Speaker, I descent: Jr. Hate Crimes Prevention Act (division E yield myself the balance of my time to (A) Xiaojie Tan. of Public Law 111–84; 123 Stat. 2835) have en- close. (B) Daoyou Feng. abled Federal authorities to understand and, (C) Delaina Ashley Yaun Gonza´ lez. where appropriate, investigate and prosecute Madam Speaker, the COVID–19 Fraud (D) Paul Andre Michels. hate crimes. Prevention Act led by Representative (E) Soon Chung Park. (4) A more complete understanding of the AXNE would provide essential resources (F) Hyun Jung Grant. national problem posed by hate crime is in and support for consumers and inves- (G) Suncha Kim. the public interest and supports the Federal tors to protect them against fraudulent (H) Yong Ae Yue. interest in eradicating bias-motivated vio- schemes that have been rampant dur- (7) The people of the United States will al- lence referenced in section 249(b)(1)(C) of ing this tragic pandemic. ways remember the victims of these shoot- title 18, United States Code. The House passed this unanimously ings and stand in solidarity with those af- (5) However, a complete understanding of fected by this senseless tragedy and inci- the national problem posed by hate crimes is by voice vote in September of 2020. I dents of hate that have affected the Asian hindered by incomplete data from Federal, urge my colleagues on both sides of the and Pacific Islander communities. State, and local jurisdictions through the aisle to join me again in supporting SEC. 3. REVIEW OF HATE CRIMES. Uniform Crime Reports program authorized this legislation. (a) IN GENERAL.—Not later than 7 days under section 534 of title 28, United States Madam Speaker, I yield back the bal- after the date of enactment of this Act, the Code, and administered by the Federal Bu- ance of my time. Attorney General shall designate an officer reau of Investigation. The SPEAKER pro tempore (Ms. or employee of the Department of Justice (6) Multiple factors contribute to the pro- CHU). The question is on the motion of- whose responsibility during the applicable vision of inaccurate and incomplete data re- fered by the gentleman from Missouri period shall be to facilitate the expedited regarding the incidence of hate crime through view of hate crimes (as described in section the Uniform Crime Reports program. A sig- (Mr. CLEAVER) that the House suspend 249 of title 18, United States Code) and re- nificant contributing factor is the quality the rules and pass the bill, H.R. 2959, as ports of any such crime to Federal, State, and quantity of training that State and local amended. local, or Tribal law enforcement agencies. law enforcement agencies receive on the The question was taken; and (two- (b) APPLICABLE PERIOD DEFINED.—In this identification and reporting of suspected thirds being in the affirmative) the section, the term ‘‘applicable period’’ means bias-motivated crimes. rules were suspended and the bill, as the period beginning on the date on which (7) The problem of crimes motivated by amended, was passed. the officer or employee is designated under bias is sufficiently serious, widespread, and A motion to reconsider was laid on subsection (a), and ending on the date that is interstate in nature as to warrant Federal fi- the table. 1 year after the date on which the emergency nancial assistance to States and local juris- period described in subparagraph (B) of sec- dictions. f tion 1135(g)(1) of the Social Security Act (42 (8) Federal financial assistance with regard COVID–19 HATE CRIMES ACT U.S.C. 1320b–5(g)(1)) ends, except that the At- to certain violent crimes motivated by bias torney General may extend such period as enables Federal, State, and local authorities Mr. NADLER. Madam Speaker, I appropriate. to work together as partners in the inves- move to suspend the rules and pass the SEC. 4. GUIDANCE. tigation and prosecution of such crimes. bill (S. 937) to facilitate the expedited (a) GUIDANCE FOR LAW ENFORCEMENT AGEN- (c) DEFINITIONS.—In this section: review of COVID–19 hate crimes, and CIES.—The Attorney General shall issue guid- (1) HATE CRIME.—The term ‘‘hate crime’’ for other purposes. ance for State, local, and Tribal law enforce- means an act described in section 245, 247, or The Clerk read the title of the bill. ment agencies, pursuant to this Act and 249 of title 18, United States Code, or in sec- The text of the bill is as follows: other applicable law, on how to— tion 901 of the Civil Rights Act of 1968 (42 (1) establish online reporting of hate S. 937 U.S.C. 3631). crimes or incidents, and to have online re- (2) PRIORITY AGENCY.—The term ‘‘priority Be it enacted by the Senate and House of Rep- porting that is equally effective for people agency’’ means— resentatives of the United States of America in with disabilities as for people without dis- (A) a law enforcement agency of a unit of Congress assembled, abilities available in multiple languages as local government that serves a population of SECTION 1. SHORT TITLE. determined by the Attorney General; not less than 100,000, as computed by the This Act may be cited as the ‘‘COVID–19 (2) collect data disaggregated by the pro- Federal Bureau of Investigation; or Hate Crimes Act’’. tected characteristics described in section (B) a law enforcement agency of a unit of SEC. 2. FINDINGS. 249 of title 18, United States Code; and local government that— Congress finds the following: (3) expand public education campaigns (i) serves a population of not less than (1) Following the spread of COVID–19 in aimed at raising awareness of hate crimes 50,000 and less than 100,000, as computed by 2020, there has been a dramatic increase in and reaching victims, that are equally effec- the Federal Bureau of Investigation; and hate crimes and violence against Asian- tive for people with disabilities as for people (ii) has reported no hate crimes through Americans and Pacific Islanders. without disabilities. the Uniform Crime Reports program in each (2) According to a recent report, there were (b) GUIDANCE RELATING TO COVID–19 PAN- of the 3 most recent calendar years for which nearly 3,800 reported cases of anti-Asian dis- DEMIC.—The Attorney General and the Sec- such data is available. crimination and incidents related to COVID– retary of Health and Human Services, in co- (3) STATE.—The term ‘‘State’’ has the 19 between March 19, 2020, and February 28, ordination with the COVID–19 Health Equity meaning given the term in section 901 of 2021, in all 50 States and the District of Co- Task Force and community-based organiza- title I of the Omnibus Crime Control and lumbia. tions, shall issue guidance aimed at raising Safe Streets Act of 1968 (34 U.S.C. 10251). (3) During this time frame, race has been awareness of hate crimes during the COVID– (4) UNIFORM CRIME REPORTS.—The term cited as the primary reason for discrimina- 19 pandemic. ‘‘Uniform Crime Reports’’ means the reports tion, making up over 90 percent of incidents, SEC. 5. JABARA-HEYER NO HATE ACT. authorized under section 534 of title 28, and the United States condemns and de- (a) SHORT TITLE.—This section may be United States Code, and administered by the nounces any and all anti-Asian and Pacific cited as the ‘‘Khalid Jabara and Heather Federal Bureau of Investigation that com- Islander sentiment in any form. Heyer National Opposition to Hate, Assault, pile nationwide criminal statistics for use— (4) Roughly 36 percent of these incidents and Threats to Equality Act of 2021’’ or the (A) in law enforcement administration, op- took place at a business and more than ‘‘Jabara-Heyer NO HATE Act’’. eration, and management; and 2,000,000 Asian-American businesses have (b) FINDINGS.—Congress finds the fol- (B) to assess the nature and type of crime contributed to the diverse fabric of Amer- lowing: in the United States. ican life. (1) The incidence of violence known as hate (5) UNIT OF LOCAL GOVERNMENT.—The term (5) More than 1,900,000 Asian-American and crimes, or crimes motivated by bias, poses a ‘‘unit of local government’’ has the meaning Pacific Islander older adults, particularly serious national problem. given the term in section 901 of title I of the

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.046 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2465 Omnibus Crime Control and Safe Streets Act tices for implementing the requirements of larly as those activities or programs relate of 1968 (34 U.S.C. 10251). paragraph (2). to reporting hate crimes through the Uni- (d) REPORTING OF HATE CRIMES.— (f) INFORMATION COLLECTION BY STATES AND form Crime Reports program. (1) IMPLEMENTATION GRANTS.— UNITS OF LOCAL GOVERNMENT.— (ii) CONTENTS.—In a report submitted (A) IN GENERAL.—The Attorney General (1) DEFINITIONS.—In this subsection: under clause (i), a law enforcement agency may make grants to States and units of local (A) COVERED AGENCY.—The term ‘‘covered shall, at a minimum, disclose— government to assist the State or unit of agency’’ means— (I) whether the agency has adopted a pol- local government in implementing the Na- (i) a State law enforcement agency; and icy on identifying, investigating, and report- tional Incident-Based Reporting System, in- (ii) a priority agency. ing hate crimes; cluding to train employees in identifying (B) ELIGIBLE ENTITY.—The term ‘‘eligible (II) whether the agency has developed a and classifying hate crimes in the National entity’’ means— standardized system of collecting, analyzing, Incident-Based Reporting System. (i) a State; or and reporting the incidence of hate crime; (ii) a unit of local government that has a (B) PRIORITY.—In making grants under (III) whether the agency has established a subparagraph (A), the Attorney General priority agency. unit specialized in identifying, investigating, shall give priority to States and units of (2) GRANTS.— and reporting hate crimes; local government that develop and imple- (A) IN GENERAL.—The Attorney General (IV) whether the agency engages in comment the programs and activities described may make grants to eligible entities to as- munity relations functions related to hate sist covered agencies within the jurisdiction in subsection (f)(2)(A). crime, such as— of the eligible entity in conducting law en- (2) REPORTING.— (aa) establishing a liaison with formal forcement activities or crime reduction pro- (A) COMPLIANCE.— community-based organizations or leaders; grams to prevent, address, or otherwise re- and (i) IN GENERAL.—Except as provided in spond to hate crime, particularly as those clause (ii), in each fiscal year beginning after (bb) conducting public meetings or edu- activities or programs relate to reporting the date that is 3 years after the date on cational forums on the impact of hate crime, hate crimes through the Uniform Crime Re- which a State or unit of local government services available to hate crime victims, and ports program, including— first receives a grant under paragraph (1), the relevant Federal, State, and local laws (i) adopting a policy on identifying, inves- the State or unit of local government shall pertaining to hate crime; and tigating, and reporting hate crimes; (V) the number of hate crime trainings for provide to the Attorney General, through the (ii) developing a standardized system of agency personnel, including the duration of Uniform Crime Reporting system, informa- collecting, analyzing, and reporting the inci- the trainings, conducted by the agency dur- tion pertaining to hate crimes committed in dence of hate crime; ing the reporting period. that jurisdiction during the preceding fiscal (iii) establishing a unit specialized in iden- (4) COMPLIANCE AND REDIRECTION OF year. tifying, investigating, and reporting hate FUNDS.— (ii) EXTENSIONS; WAIVER.—The Attorney crimes; (A) IN GENERAL.—Except as provided in General— (iv) engaging in community relations func- subparagraph (B), beginning not later than 1 (I) may provide a 120-day extension to a tions related to hate crime prevention and year after the date of this Act, a State or State or unit of local government that is education such as— unit of local government receiving a grant or making good faith efforts to comply with (I) establishing a liaison with formal com- subgrant under paragraph (2) shall comply clause (i); and munity-based organizations or leaders; and with paragraph (3). (II) shall waive the requirements of clause (II) conducting public meetings or edu- (B) EXTENSIONS; WAIVER.—The Attorney (i) if compliance with that subparagraph by cational forums on the impact of hate General— a State or unit of local government would be crimes, services available to hate crime vic- (i) may provide a 120-day extension to a unconstitutional under the constitution of tims, and the relevant Federal, State, and State or unit of local government that is the State or of the State in which the unit of local laws pertaining to hate crimes; and making good faith efforts to collect the in- local government is located, respectively. (v) providing hate crime trainings for agen- formation required under paragraph (3); and (B) FAILURE TO COMPLY.—If a State or unit cy personnel. (ii) shall waive the requirements of para- of local government that receives a grant (B) SUBGRANTS.—A State that receives a graph (3) for a State or unit of local govern- under paragraph (1) fails to substantially grant under subparagraph (A) may award a ment if compliance with that subsection by comply with subparagraph (A) of this para- subgrant to a unit of local government with- the State or unit of local government would graph, the State or unit of local government in the State for the purposes under that sub- be unconstitutional under the constitution shall repay the grant in full, plus reasonable paragraph, except that a unit of local gov- of the State or of the State in which the unit interest and penalty charges allowable by ernment may provide funding from such a of local government is located, respectively. law or established by the Attorney General. subgrant to any law enforcement agency of (g) REQUIREMENTS OF THE ATTORNEY GEN- (e) GRANTS FOR STATE-RUN HATE CRIME the unit of local government. ERAL.— HOTLINES.— (3) INFORMATION REQUIRED OF STATES AND (1) INFORMATION COLLECTION AND ANALYSIS; (1) GRANTS AUTHORIZED.— UNITS OF LOCAL GOVERNMENT.— REPORT.—In order to improve the accuracy of (A) IN GENERAL.—The Attorney General (A) IN GENERAL.—For each fiscal year in data regarding the incidence of hate crime shall make grants to States to create State- which a State or unit of local government re- provided through the Uniform Crime Reports run hate crime reporting hotlines. ceives a grant or subgrant under paragraph program, and promote a more complete un- (B) GRANT PERIOD.—A grant made under (2), the State or unit of local government derstanding of the national problem posed by subparagraph (A) shall be for a period of not shall— hate crime, the Attorney General shall— more than 5 years. (i) collect information from each law en- (A) collect and analyze the information (2) HOTLINE REQUIREMENTS.—A State shall forcement agency that receives funding from provided by States and units of local govern- ensure, with respect to a hotline funded by a the grant or subgrant summarizing the law ment under subsection (f) for the purpose of grant under paragraph (1), that— enforcement activities or crime reduction developing policies related to the provision (A) the hotline directs individuals to— programs conducted by the agency to pre- of accurate data obtained under the Hate (i) law enforcement if appropriate; and vent, address, or otherwise respond to hate Crime Statistics Act (Public Law 101–275; 28 (ii) local support services; crime, particularly as those activities or pro- U.S.C. 534 note) by the Federal Bureau of In- (B) any personally identifiable information grams relate to reporting hate crimes vestigation; and that an individual provides to an agency of through the Uniform Crime Reports pro- (B) for each calendar year beginning after the State through the hotline is not directly gram; and the date of enactment of this Act, publish or indirectly disclosed, without the consent (ii) submit to the Attorney General a re- and submit to Congress a report based on the of the individual, to— port containing the information collected information collected and analyzed under (i) any other agency of that State; under clause (i). subparagraph (A). (ii) any other State; (B) SEMIANNUAL LAW ENFORCEMENT AGENCY (2) CONTENTS OF REPORT.—A report sub- (iii) the Federal Government; or REPORT.— mitted under paragraph (1) shall include— (iv) any other person or entity; (i) IN GENERAL.—In collecting the informa- (A) a qualitative analysis of the relation- (C) the staff members who operate the hot- tion required under subparagraph (A)(i), a ship between— line are trained to be knowledgeable about— State or unit of local government shall re- (i) the number of hate crimes reported by (i) applicable Federal, State, and local hate quire each law enforcement agency that re- State law enforcement agencies or other law crime laws; and ceives funding from a grant or subgrant enforcement agencies that received funding (ii) local law enforcement resources and awarded to the State or unit of local govern- from a grant or subgrant awarded under applicable local support services; and ment under paragraph (2) to submit a semi- paragraph (2) through the Uniform Crime Re- (D) the hotline is accessible to— annual report to the State or unit of local ports program; and (i) individuals with limited English pro- government that includes a summary of the (ii) the nature and extent of law enforce- ficiency, where appropriate; and law enforcement activities or crime reduc- ment activities or crime reduction programs (ii) individuals with disabilities. tion programs conducted by the agency dur- conducted by those agencies to prevent, ad- (3) BEST PRACTICES.—The Attorney General ing the reporting period to prevent, address, dress, or otherwise respond to hate crime; shall issue guidance to States on best prac- or otherwise respond to hate crime, particu- and

VerDate Sep 11 2014 03:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.009 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2466 CONGRESSIONAL RECORD — HOUSE May 18, 2021 (B) a quantitative analysis of the number The COVID–19 pandemic has taken law enforcement but, instead, to a new of State law enforcement agencies and other almost 600,000 lives in the U.S. It has unrelated State office creates unneces- law enforcement agencies that received fund- also, unfortunately, deepened existing sary confusion and could harm public ing from a grant or subgrant awarded under divisions in our country. Racist, hate- safety. paragraph (2) that have— (i) adopted a policy on identifying, inves- ful rhetoric blaming the pandemic on In addition, this bill establishes on- tigating, and reporting hate crimes; Asian Americans fanned the flames of line reporting for complaints about (ii) developed a standardized system of col- discord and resulted in a disgraceful, ‘‘incidents,’’ but, of course, the bill lecting, analyzing, and reporting the inci- sickening, and ongoing spate of vio- doesn’t specify what an incident is; no dence of hate crime; lence and discrimination against Asian definition at all. This means, essen- (iii) established a unit specialized in iden- people across our country. tially, that we are asking State gov- tifying, investigating, and reporting hate Stop AAPI Hate has collected reports ernments to act as speech police, and crimes; of over 6,000 anti-Asian hate crimes and creates a precedent that could extend (iv) engaged in community relations functions related to hate crime, such as— incidents since the pandemic began in to any manner of things someone may (I) establishing a liaison with formal com- March 2020. Just this month, they re- deem offensive. munity-based organizations or leaders; and leased four more heartbreaking attacks We were hopeful that there could be (II) conducting public meetings or edu- on Asian Americans in New York City a meaningful discussion and input on cational forums on the impact of hate crime, alone. These cases are, unfortunately, this bill, but the chairman pulled the services available to hate crime victims, and part of a broader and deeply troubling bill from our scheduled markup in the the relevant Federal, State, and local laws uptick in hate crimes generally since Judiciary Committee last month, pre- pertaining to hate crime; and 2015, with a surge in such crimes in venting Republicans from offering any (v) conducted hate crime trainings for amendments. Republicans had a num- agency personnel during the reporting pe- 2019. riod, including— This legislation addresses this dis- ber of amendments that would have en- (I) the total number of trainings conducted turbing trend by helping policymakers sured that the reporting hotlines were by each agency; and determine where critical resources focused on actual criminal conduct and (II) the duration of the trainings described should be focused, identifying trends not random citizen complaints. in subclause (I). that can be interrupted, and directing Finally, it is important to note that (h) ALTERNATIVE SENTENCING.—Section 249 public education campaigns. the Democrats have attempted to of title 18, United States Code, is amended by I thank my good friends, Congress- blame President Trump for this rise in adding at the end the following: woman GRACE MENG and Senator violence against Asian Americans, but ‘‘(e) SUPERVISED RELEASE.—If a court includes, as a part of a sentence of imprison- MAZIE HIRONO, for championing this the facts tell an entirely different ment imposed for a violation of subsection bill; Congressman DON BEYER and Sen- story. This violence, by and large, is (a), a requirement that the defendant be ator RICHARD BLUMENTHAL for their happening in Democrat-controlled cit- placed on a term of supervised release after leadership on the Jabara-Heyer NO ies, many of which, interestingly imprisonment under section 3583, the court HATE Act; Chairman STEVE COHEN, for enough, have defunded their police de- may order, as an explicit condition of super- holding an important hearing in his partments. vised release, that the defendant undertake subcommittee on hate crimes and vio- For example, New York City saw a educational classes or community service di- lence against Asian Americans; and 223 percent increase in reported Asian- rectly related to the community harmed by the defendant’s offense.’’. Congresswoman JUDY CHU, you, Madam American hate crimes, while defunding Speaker, chair of the Congressional their police over $1 billion. San Fran- The SPEAKER pro tempore. Pursu- Asian Pacific American Caucus, for cisco saw a 140 percent increase in re- ant to the rule, the gentleman from your tireless advocacy for the AAPI ported Asian-American hate crimes, New York (Mr. NADLER) and the gen- community. while defunding their police by $120 tleman from Ohio (Mr. JORDAN) each The Senate passed this bill almost million. Los Angeles, 80 percent in- will control 20 minutes. unanimously. I urge my colleagues to crease in reported anti-Asian hate The Chair recognizes the gentleman do so as well. crime, while defunding their police $175 from New York. Madam Speaker, I reserve the bal- million. GENERAL LEAVE ance of my time. One report found that nearly 60 per- Mr. NADLER. Madam Speaker, I ask Mr. JORDAN. Madam Speaker, I cent of the reported hate crime inci- unanimous consent that all Members yield myself such time as I may con- dents from March of 2020 to February have 5 legislative days to revise and ex- sume. of 2021, the past year, were from these tend their remarks and include extra- We all condemn violence against peo- two States, California and New York. neous material on S. 937. ple based on their race. In America, no It sort of begs the obvious question. The SPEAKER pro tempore. Is there one should live in fear that they will be Maybe if we weren’t defunding the po- objection to the request of the gen- a victim of a crime based on their be- lice, if these Democrat-controlled cit- tleman from New York? liefs, the color of their skin, or the ies weren’t defunding the police, we There was no objection. country in which they were born. would not have the rise in incidents Mr. NADLER. Madam Speaker, I We have seen reports of violence di- and the rise in hate crime for Asian yield myself 2 minutes. rected at Asian Americans increase re- Americans. If money wasn’t taken Madam Speaker, the COVID–19 Hate cently in some places around our coun- from police and they were allowed to Crimes Act is important and timely try. While the perpetrators of these do their jobs, we would probably be in legislation to address the disturbing violent acts must be held accountable, an entirely different position. rise in violence directed at Asian we have serious concerns about some Madam Speaker, I reserve the bal- Americans during the COVID–19 pan- aspects of this legislation and the proc- ance of my time. demic. ess behind moving it forward. Mr. NADLER. Madam Speaker, I Among other things, this legislation For instance, the legislation sets up yield 2 minutes to the gentlewoman would help DOJ expedite review of re- ambiguous hotlines for people to report from New York (Ms. MENG). ported cases of hate crimes during the anything they find troubling. These Ms. MENG. Madam Speaker, for over pandemic and provide guidance to hotlines are separate from traditional a year, against the backdrop of a rag- State and local law enforcement agen- law enforcement reporting mecha- ing COVID–19 virus and an economic cies for collecting better and more ac- nisms, such as calling 911 or your local crisis, Asian Americans have been curate data. police department’s nonemergency fighting an additional pandemic: the It also incorporates the Jabara-Heyer line, and they could enable anyone to virus of hate and bigotry. NO HATE Act, which includes meas- report anything that that individual Over 6,600 incidents of physical, ures to encourage the adoption and im- may find offensive. verbal, and online attacks against plementation of the National Incident- All crimes should be reported, inves- those of Asian descent have been re- Based Reporting System to facilitate tigated by law enforcement, and pros- ported since March 2020. Of these, the reporting of hate crimes by local ecuted. Telling the public that crimi- about two-thirds were reported by police departments to the FBI. nal complaints shouldn’t be reported to women.

VerDate Sep 11 2014 04:02 May 19, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.009 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2467 Throughout this pandemic, over 2 stances, it has brought out the worst the majority sought out my partner- million Asian Americans served our impulses in people. Since the start of ship or input on the anti-Asian hate Nation as frontline workers, including the pandemic, there has been a spike in bills before us today. those in healthcare, and yet some of hate crimes and acts of hate against I would have welcomed the oppor- these same Asian Americans became Asian Americans, with thousands of re- tunity for partnership, and I would victims of hate as they were com- ported hate incidents across this coun- have thought that my colleagues would muting to or from work. try. Asian Americans have been ver- seek input from one of only two Repub- Children as young as my two boys bally accosted and frequently told to lican Asian-American women in the have been attacked on playgrounds in go back where they came from. Count- House. Our voices matter in this dis- their own neighborhoods across the less Asian Americans have been pushed cussion. country in every single State. Elderly to the ground, shoved, punched, beaten, I am proud to be standing here today are being assaulted, tragically result- and struck with weapons all across our to condemn these violent acts and sup- ing in deaths. This culminated in the country. We are still mourning the port my community. worst kind of tragedy, with the mass eight victims shot in an Atlanta spa in While I disagree with my Democratic shootings in Atlanta. March, six of whom were of Asian de- colleagues on many things, this is one We need to address this hate once scent. area where we can find common and for all. That is why I introduced Asian Americans are being ground. That is what bipartisanship is, the COVID–19 Hate Crimes Act. I am scapegoated for the ongoing health cri- disagreeing with someone but finding proud the Senate companion bill, led sis. It is disgraceful, and we must act. issues where there is an opportunity to by Senator HIRONO, passed in the Sen- By passing the COVID–19 Hate work together for the good of the coun- ate last month with resounding bipar- Crimes Act, we are sending a message try. tisan support, 94–1. that hatred and bigotry have no place I will continue to work on behalf of The COVID–19 Hate Crimes Act is a in the United States of America. our AAPI community in Congress and necessary step to confront the second I urge my colleagues to support this condemn hate in all forms because this pandemic of racism and discrimina- legislation. is not a partisan issue. We are all tion. We cannot mend what we do not b 1415 Americans. measure. I hope that, moving forward, we have I strongly urge my colleagues to Mr. JORDAN. Madam Speaker, I an opportunity to hear from more stand with me and vote for the passage yield to the gentleman from Texas (Mr. AAPI voices and that we work together of this bill. ROY), and I ask unanimous consent to put an end to hate. Mr. JORDAN. Madam Speaker, I that he be permitted to control the bal- Mr. ROY. Madam Speaker, I reserve yield 5 minutes to the gentlewoman ance of the Republican time. the balance of my time. The SPEAKER pro tempore. Is there from California (Mrs. KIM). Mr. NADLER. Madam Speaker, I objection to the request of the gen- Mrs. KIM of California. Madam yield 1 minute to the gentlewoman tleman from Ohio? Speaker, as one of the first Korean- from Washington (Ms. JAYAPAL). There was no objection. American women to serve in Congress, Mr. ROY. Madam Speaker, I yield Ms. JAYAPAL. Madam Speaker, we I am proud to rise today in solidarity such time as she may consume to the are here today for Soon Chung Park, with the Asian American Pacific Is- gentlewoman from California (Mrs. Suncha Kim, Yong Ae Yue, Hyun Jung lander community and in strong sup- Grant, Xiaojie Tan, Daoyou Feng, STEEL). port of the Senate-amended, bipartisan Mrs. STEEL. Madam Speaker, I Amarjeet Kaur Johal, Jasvinder Kaur, COVID–19 Hate Crimes Act, S. 937. I thank the gentleman for yielding. Jaswinder Singh, Amarjit Sekhon, and also note the concerns raised by my I rise today to condemn the discrimi- too many others. colleague, Mr. JORDAN. nation and violence that our Asian- This bill is an important step to ad- As we celebrate AAPI Heritage American and Pacific Islander commu- dress and prevent hate crimes as we Month throughout the month of May, nity has experienced. deal with the root causes of hate and it cannot be ignored that the hate and Between March and December of last violence. That means providing basic bias targeting the AAPI community year, nearly 4,000 firsthand accounts of economic security, including housing, are on the rise. Hate against any eth- anti-AAPI hate crimes were recorded social services, education, and nic group is unacceptable. This is not in the United States. It is heart- healthcare. who we are as Americans, and it is not breaking to read the news stories of A ‘‘yes’’ vote says that we won’t reflective of the country that wel- these crimes, and my heart goes out to stand by as our children are bullied on comed me and my family into its fab- all those who have been victims of this playgrounds and our elders are beaten ric. violence. in the streets. That is why I am glad Congress is I have experienced this type of dis- A ‘‘yes’’ vote says to Asian Ameri- coming together in a bipartisan way to crimination and racism firsthand. I cans and Pacific Islanders—Chinese, take steps against the hate targeting have been called racist slurs and been Korean, Indian, Vietnamese, Thai, communities like the AAPI commu- treated differently because I am an Pakistani, Japanese, Filipino, Native nity. However, let’s also recognize that Asian American. Hawaiian, Laotian, Hmong, Cam- we cannot legislate hate out of people’s As a proud American and someone bodian, Burmese, Bangladeshi, Bhuta- hearts and minds. We must treat each who loves this country dearly, I take nese, Indonesian, Tibetan, Sri Lankan, other with respect and see each other this rise in violence against our Asian Tongan, Malaysian, Mongolian, Tai- as Americans. I will continue to do my community very seriously. wanese, Fijian, Singaporean, part, and I will always stand in soli- That is why, in February, the very Chamorro, Nepalese, Samoan, darity with my AAPI community. first bill I introduced was a bipartisan Bruneian, Afghani, Micronesian, and Mr. NADLER. Madam Speaker, I resolution to condemn these crimes Marshallese—that we are visible and yield 11⁄2 minutes to the gentleman and encourage better coordination be- that we matter. from Rhode Island (Mr. CICILLINE.) tween State, local, and Federal govern- We, too, are America. Mr. CICILLINE. Madam Speaker, ments to track hate against the AAPI Mr. ROY. Madam Speaker, how much thank you to my colleague, Congress- community. time is remaining on each side? woman MENG, for her tireless efforts in Combating hate is a nonpartisan The SPEAKER pro tempore. The gen- combating hate crimes during the issue, and I am proud that my resolu- tleman from Texas has 121⁄2 minutes re- COVID–19 pandemic and championing tion gained bipartisan support. I am maining. The gentleman from New this legislation. Thank you, Madam very disappointed that my bipartisan York has 14 minutes remaining. Speaker, for your extraordinary leader- bill was not part of this week’s con- Mr. ROY. Madam Speaker, I reserve ship as well. versation and that we haven’t had the the balance of my time. In the past year, the COVID–19 pan- opportunity to vote on it yet. Mr. NADLER. Madam Speaker, I demic has not only been a significant Despite my history of work on this yield 11⁄2 minutes to the gentlewoman threat to public health; in some in- and my personal experience, no one in from Texas (Ms. JACKSON LEE).

VerDate Sep 11 2014 04:02 May 19, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.049 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2468 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Ms. JACKSON LEE. Madam Speaker, The COVID–19 pandemic is no exception, Mr. COHEN. Madam Speaker, I thank I thank the gentleman for yielding. as American citizens, and residents of actual my most capable and socially aware Madam Speaker, I also thank you for or perceived Chinese descent, have received counsel to my subcommittee, the Sub- your leadership. I thank Congress- intense and unjust scrutiny, violence, and har- committee on Constitution, Civil woman MENG for her power and passion assment as perpetrators associate them with Rights, and Civil Liberties, who and the hurt that we saw as she pro- the cause of the pandemic and resulting social brought this issue to my attention long ceeded to say something has to be and economic turmoil. before the tragedy in Atlanta, the at- done. I thank Senator HIRONO, the bi- And the racist practice of the 45th President tacks that have been launched upon partisan supporters, and the Tri-Cau- of always referring to the coronavirus as the people of Asian-American descent in cus that was led to believe that we had ‘‘China Virus,’’ or ‘‘Kung Flu’’ certainly contrib- New York, California, and other places to stand together as those who have uted to, and inflamed, an already dangerous in this Nation. been impacted by hate. I thank Mr. climate for persons of Asian descent. We held a hearing after the awful at- BEYER for his initiative, bipartisan- Examples of additional violent physical as- tacks in Atlanta, but it was because of ship, and for reporting hate. saults against the Asian American community the earlier attacks and the fact that It is important to note that there over the last year include: attacks on any Americans because of were nearly 3,800 reported cases of anti- A sixteen-year-old boy was sent to the their racial or national background is Asian discrimination and incidents re- emergency room after being physically at- totally improper and wrong. Religion, lated to COVID–19 between March 19, tacked at his high school by an assailant who race, national origin should not be a 2020, and February 28, 2021. During that claimed the boy had COVID–19 simply be- basis for any discrimination. time, race had been cited as a factor, cause he was Asian. I am pleased that these bills are and then the worst among many, sen- An 81-year-old woman was punched in the being offered, that they are going to iors being beat brutally to the ground, face and lit on fire outside her home. pass this House, and that, hopefully, dying, injured, and hurt for life. A woman was kicked, punched, and hit with they will pass the Senate. The report- Then, in Atlanta, the unspeakable an umbrella in a subway station in New York. age will be better, enforcement will be occurred for seven women, six of whom A man and his ten-year-old son were fol- better, and maybe we will see an end to were of Asian descent. lowed to a bus station by a man who was this intolerance. It is time for this House, in a bipar- yelling and cursing at them before eventually Mr. ROY. Madam Speaker, I reserve tisan manner, as in the Senate with hitting the man over the head. the balance of my time. over 90 supporting it in its final pas- A 61-year-old man was slashed across the Mr. NADLER. Madam Speaker, I sage, it is time for us to raise our face with a boxcutter on the subway in New yield 1 minute to the distinguished voices emotionally and make a com- York City. His injuries required him to receive gentlewoman from Georgia (Mrs. mitment, no matter what color we are, nearly 100 stitches. MCBATH). as we see people of our color attacking A woman was doused in a caustic chemical Mrs. MCBATH. Madam Speaker, I Asian Americans, we should stand and as she took out the trash, resulting in chemical rise in support of the COVID–19 Hate be heard. No hate crime should be al- burns on her face, neck, and back. Crimes Act. lowed to stand. We, of course, have A 52-year-old woman was shoved to the The past year has been one of the seen that all over. ground and hit her head on a metal news- most difficult periods in our Nation’s I ask my colleagues to rise to support paper stand. history. And for some of our fellow S. 937 and the Beyer bill because no A 51-year-old man was beaten with his own Americans, the pandemic has also re- hate crime should be allowed to stand cane at a bus stop. His injuries were so se- sulted in an alarming uptick in rain America. vere, he lost part of a finger. cially based hate crimes. Madam Speaker, I rise in strong support of In my hometown of Houston, Texas, we Racism, bigotry, and discrimination this important and timely bill to address the ur- know all too well the fear, horror, and heart- have no place in our communities. We gent issue of hate crimes. break inflicted on members of vulnerable and must do our part to help stop all forms For the past year, I have expressed great marginalized communities when they are tar- of violence here in America and all concern about the increase in violence against geted by hate crime violence. over the world. And I will continue to Asian Americans and Pacific Islanders. It is Madam Speaker, hate crimes are among fight to help keep all families in Amer- outrageous. Madam Speaker, many of us the worst atrocities that exist in modern day ica safe. awoke in March to the horrific news that in society. That is why I was proud to cosponsor suburban Atlanta, Georgia, a 21-year old A hate crime is defined as the incidence of this legislation, which will facilitate angry white man murdered 8 persons at three violence motivated by the actual or perceived the expedited review of hate crimes Asian massage spas. race, color, national origin, relation, sexual ori- and strengthen hate crimes reporting. Among the innocent victims were 6 young entation, gender, and disability of the victim. We still have a long way to go to en- Asian American women who worked in the es- Unfortunately, hate crimes are under- sure that those who commit these tablishments. reported for several reasons, including fear crimes of hate are held accountable, The suspected perpetrator of these brutal and intimidation. and we must do better at all levels of crimes has been arrested and charged with 8 The Department of Justice must better focus government to protect the most vul- counts of murder. its resources on prosecuting these hate nerable among us. According to the Atlanta Police Department, crimes, and this bill is needed to help expedite Mr. ROY. Madam Speaker, I yield the killer is reported to have told police that he investigations of these offenses during the myself such time as I may consume. has an issue, what he considers a ‘‘sex addic- pandemic. Madam Speaker, nobody in this tion,’’ and ‘‘sees these [Asian massage spa] The bill also will provide greater support for Chamber believes that there isn’t work locations as something that allows him to go prevention and community relations programs to do in the area of ensuring that to these places’’ and ‘‘it is a temptation for him related to hate crimes, as well as improve crimes are not committed against any that he wanted to eliminate.’’ data collection. American but, in particular, due to Madam Speaker, since the beginning of the We need to stand together to send a clear their race, their color, their national COVID–19 pandemic in March 2020, there message that this kind of behavior will not be origin, or anything about who they are. has been a significant increase in harassment tolerated. Many on this side of the aisle, includ- and violence against the Asian American com- We also need to stand in solidarity with the ing the gentlewoman who spoke before munity. victims and communities impacted by these from California, raised concern about Unfortunately, this is not new; there is a terrible crimes. the sort of nature of this legislation long history of racism again Asian Americans, I urge all my colleagues to support this bill, and a lot of the concerns that have especially during times of social and economic so that we can send it to the President’s desk been raised about its continued focus unrest. without delay. on hate crimes in many ways at the ex- Throughout American history, Asian Ameri- Mr. ROY. Madam Speaker, I reserve pense of our focusing on crime, crime cans are often blamed for the emergence of the balance of my time. itself. pandemics and diseases, even if the sickness Mr. NADLER. Madam Speaker, I In the findings in this piece of legis- originated far outside the Asian American yield 1 minute to the gentleman from lation, of course, we reference the ter- community. Tennessee (Mr. COHEN). rible tragedy that unfolded in Atlanta,

VerDate Sep 11 2014 07:11 May 19, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.050 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2469 Georgia, and much of that was a rush And I think when we think about jus- are standing up for our neighbors and to be included in the form of hate tice, the reason the blindfold exists on against discrimination. We take this crimes when the facts being borne out Lady Justice is we are supposed to vote during AAPI Heritage Month, a in the investigation among prosecutors have blind justice. We all acknowl- time to acknowledge incredible con- and the investigators in Georgia are in- edged that we have not had blind jus- tributions of this community and also dicating that that was not at all or tice at many points in the history of the interconnection of the American didn’t seem to be the motivation. And our country, but that blind justice is story and our mutual security. I use careful words like ‘‘seem to be’’ what we seek when we seek equal jus- I am proud to represent a large and because, as a former Federal pros- tice under law. vibrant AAPI community in my dis- ecutor, I like to wait until you do the Madam Speaker, I reserve the bal- trict, and I have seen that community investigation before you jump to the ance of my time. come together over the last year and conclusion of what the motive was or Mr. NADLER. Madam Speaker, I joined to help their neighbors and de- what actually went into the crime at yield 1 minute to the distinguished mand justice for all. hand. gentleman from New York (Mr. JONES). Madam Speaker, I am proud to sup- As in the words of Chief Justice Rob- Mr. JONES. Madam Speaker, as we port this bill today. It is critical and erts when he said that it is a ‘‘sordid near the beginning of the end of the long overdue. business, this divvying us up by race,’’ COVID–19 pandemic, it is long past Mr. ROY. Madam Speaker, I reserve I think we do our Nation a disservice time to confront what my colleague the balance of my time. when we spend every waking moment and dear friend, Representative MENG, Mr. NADLER. Madam Speaker, I on this floor divvying us up by race. In- has described as the additional pan- yield 1 minute to the distinguished creasingly, that is what we are doing. demic of hatred, violence, and discrimi- gentleman from Virginia (Mr. BEYER). This legislation is well-intended, but nation against our Asian American and Mr. BEYER. Madam Speaker, I rise this legislation, in the eyes of many in Pacific Islander communities. in support of the COVID–19 Hate this body, is flawed, in terms of having Madam Speaker, I am proud to sup- Crimes Act, which incorporates my bill in it things like the Health Equity port the COVID–19 Hate Crimes Act with you, Madam Speaker—Ms. CHU, Task Force or designate an officer or today. Representatives UPTON and I would like to address our AAPI employee at DOJ whose responsibility BUCHANAN—the Jabara-Heyer NO communities directly: I cannot know shall be to facilitate the expedited re- HATE Act. exactly what you are feeling in this view of hate crimes. We have provi- This is a bill my team started back moment, but as an openly gay Black sions in the legislation to encourage in 2015 to respond to hate crimes in man in America, I know what it is like the collection of data, encourage local Northern Virginia, but it breaks my to be marginalized and to be harassed law enforcement to collect data on heart to hear about the abuse our Afri- because of who you are. can-American friends in this body— hate crimes, but to seek to do so spe- I turned 34 years old today, and while cifically to focus on hate crimes. Democrat and Republican—have expe- the end product may look okay, there rienced in the last few years. But we It is the contention of many of my is a lot that I carry with me. I know colleagues that this is, in fact, a con- are very proud of our bipartisan, bi- what it is like to feel both invisible and cameral creation of a bill to address tinued focus of division in our country, exposed, both unseen and targeted. I rather than focusing on the fact of the the underreporting of hate crimes. know what it is like to have to fight I want to thank the families of crime itself, the murder itself. for rights that you should just be able We all, of course, thought that the Khalid Jabara and Heather Heyer for to take for granted. And I know that in allowing us to use their names and crime in Georgia was awful. But, again, the United States of America no one the crime doesn’t seem to have been highlight why we are here today. should ever have to feel this way. I thank now-retired Representative motivated by race, yet it is being So what I want the AAPI community brought into the context of a hate Pete Olson and his team for being true to know is this: As surely as the Earth partners on this bill, along with Rep- crime. revolves around the Sun, I will be with resentatives UPTON and BUCHANAN. Perhaps we should spend some time you always because we can only get I thank Senators BLUMENTHAL and investigating sex trafficking and through this together. MORAN for leading the fight in the Sen- human trafficking in the form of mas- Mr. ROY. Madam Speaker, as the ate and getting this packaged bill to sage parlors and people who are basi- gentleman said, as a 34-year-old, the the House. cally indentured servants or slaves in end product may look okay. This 48- Most importantly, I thank JUDY CHU, the form of the sex trade; the cartels year-old may not be able to make a GRACE MENG, and RAJA that are along our southern border that similar statement. KRISHNAMOORTHI. Without their voices, are forcing young girls into the sex Madam Speaker, I reserve the bal- and without the leadership of Chair- trade; the people who were bound in a ance of my time. car in Boerne, Texas, in suburban San Mr. NADLER. Madam Speaker, I man NADLER, we would not be here Antonio, being forced into the sex wish the gentleman from New York a today addressing anti-Asian hate, and trade en route to a stash house in happy birthday. we would not be moving this legisla- Houston, Texas, because they were Madam Speaker, I yield 1 minute to tion forward today. being run by the Cartel del Noreste of the distinguished gentlewoman from Mr. ROY. Madam Speaker, the gen- Los Zetas out of Nuevo Laredo—lit- Massachusetts (Ms. CLARK). tleman from Virginia reminds me—and erally, just occurring in the district Ms. CLARK of Massachusetts. we have not discussed this—that I first that I represent in Boerne, Texas. Madam Speaker, I thank the chairman met the gentleman from Virginia when Perhaps we can focus on this kind of for yielding. I was in college at the University of criminal activity and what that actu- The COVID–19 pandemic has brought Virginia and he was the Lieutenant ally means for young women and young with it a deadly public health emer- Governor of Virginia, and I was an in- individuals in our country. gency, an economic crisis, and a dis- structor for a golf camp that summer turbing rise in anti-Asian hate. in Charlottesville for his daughter, I b 1430 Unfortunately, discrimination believe Stephanie. Pulling out of my We talk about is it a hate crime when against the AAPI community is not memory banks. And that is where I we have seen data of a young Black new. From the Chinese Exclusion Act first met him. Again, 20—whatever I male in San Francisco hitting an elder- to the internment of Japanese Ameri- was—23 or 22 years old, right out of col- ly Asian man on the streets of San cans, the U.S. has a long history of dis- lege. Francisco. We have seen that footage. crimination towards AAPI immigrants But he reminds me that one of my It’s probably a hate crime, but it is a and their descendants. This new wave college teammates at the University of crime. If that guy was a White guy or of xenophobia has led to fear, threats, Virginia was a gentleman by the name a Black guy, it is a crime. It is a crime and outright violence. of Lewis Chitengwa. Lewis is not some- going after this elderly man, an Amer- Madam Speaker, by passing the body you all would know, but you do ican citizen. COVID–19 Hate Crimes Act today, we know the name Tiger Woods. And Tiger

VerDate Sep 11 2014 04:02 May 19, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.051 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2470 CONGRESSIONAL RECORD — HOUSE May 18, 2021 was asked after his infamous 1997 year also showed that our national response That bill is the companion to Rep- when he won the Masters—obviously to combating hate crimes is lacking. resentative MENG’s legislation, and she breaking down the color barrier at Au- That is why today’s vote is so impor- has instructed my office she wants to gusta Masters. He was asked if he had tant. The bill would create a new posi- see this adopted as soon as possible. We ever been disappointed in sports. And tion at the U.S. Department of Justice would have brought her bill to the he said he was disappointed once when to better track and address COVID–19 floor, but she said, no, let’s do the Sen- he lost the Orange Bowl, the biggest hate crimes. It also includes the text of ate bill because it can move more amateur tournament down in Miami, the bill I co-lead, the NO HATE Act, quickly. And she deserves full credit where you would expect that to be. And which improves hate crime reporting for bringing this issue forward. he lost it to my friend, Lewis by law enforcement and provides Madam Speaker, I commend her for Chitengwa. grants for community-centered solu- her tireless efforts to stand up against Lewis is the first Black to win the tions to fight hate. hate targeting in the Asian-American South African Open. It was a monu- After a year in which we have seen community and in every other commu- mental event, I believe in the early over 6,600 anti-Asian hate crimes and nity—indivisible, one Nation. 1990s, when he won that tournament incidents, finally we are helping the Together, as the Nation’s representa- before he came to the University of Asian-American community fight tives, we must make it absolutely clear Virginia, where he ultimately grad- back. that racism and intolerance have no uated. Unfortunately, he passed away Madam Speaker, I urge my col- home here in America. Very frankly, 20 years ago this summer from menin- leagues to vote ‘‘yes.’’ the people who look at this vote will gitis. Mr. ROY. Madam Speaker, I reserve not parse it. They will interpret it as He had played golf in the Canadian the balance of my time. those who are against hate and those tour in Vancouver and shot, I think, Mr. NADLER. Madam Speaker, I who thought this bill wasn’t perfect in 68–69 Thursday or Friday, and passed yield 1 minute to the gentleman from saying that we are against hate. away Saturday morning. Talk about a Maryland (Mr. HOYER), the distin- Madam Speaker, I urge my col- pandemic. He passed away from viral guished majority leader of the House. leagues to join in sending that message meningitis. Mr. HOYER. Madam Speaker, I with a strong bipartisan vote on both I raise Lewis just because Lewis, thank the chairman for yielding. of these measures. Let us reject hate when he went home, he passed away Madam Speaker, there is no place in and remind our Asian-American broth- that summer, they had to wait about a America for hate. Well, at least there ers and sisters that we are one Nation month to bury him because of the should be no place in America for hate. indivisible, standing together and AIDS epidemic in Zimbabwe, where he There should be no place in our coun- building our common future together. was from. try for exclusion, for bigotry, or racial We haven’t always been that Nation. Lewis was the recipient of unspeak- violence. We haven’t always been the perfect able hate when we were in college And, frankly, I tell my friend from union to which we inspire. Too often, around the Charlottesville community Texas, it is not enough just to say that we have held others who are not like us in the 1990s. And we would often dis- we are against that. We need to do as less than us. That has been a trag- cuss that and talk about that and something. This bill takes a step to edy of mankind wherever one lived. about those changing times. But it was doing something. This is a small step, but it is an impor- fascinating for me to watch a man like Disturbingly, over the past few years, tant step. Let’s take it. Lewis, who came from Zimbabwe and we have seen these evils emerge out of b 1445 experienced a lot of what was apartheid their dark hiding places. While we have in South Africa and being the first always struggled as a nation to con- Mr. ROY. Mr. Speaker, I yield myself Black to win the South African Open, front hatred and injustice, this past such time as I may consume. to him talking about the greatness of year we have been tested in ways we Mr. Speaker, I do think it is impor- this country and justice in this coun- have not seen in some period of time. tant what the majority leader just try and what this country has meant as Madam Speaker, in particular, the said. I mean, first of all, we will never a beacon for people around the world COVID–19 pandemic has unleashed an be a perfect union. All we can do is and justice. And we talked about it at onslaught of hatred directed against strive, of course, to achieve the ideals length. Asian Americans, and other minorities set out in our founding and throughout I understand the intent behind this as well. These men and women, our fel- our history. bill, and I just want to say that I share low citizens, have endured vile words But I do take issue; as the distin- that intent; and I know in speaking for and violent blows. They have been guished majority leader knows, I stood Mr. JORDAN, who had to relinquish the made to feel unsafe and made to feel on this floor recognizing my concerns time to me, that we share that intent. apart. about January 6. But to suggest that We just have serious reservations Congress is taking action today, led the Senator from Missouri, Senator about defining hate crimes and going by my friends Senator HIRONO, Rep- HAWLEY, is somehow giving a thumbs- down the road of collecting data and resentative MENG, Representative up to insurrection, as opposed to en- the way we are doing it and how that BEYER, and Representative CHU. I am gaging in speech and debate about his divvies us up by race. so proud to align myself with their ef- beliefs and his beliefs under the Con- Madam Speaker, I reserve the bal- forts to make it clear that hate crimes stitution; I think that is wrong. ance of my time. against Asian Americans will be pros- And I think we are continuing to go Mr. NADLER. Madam Speaker, I ecuted to the fullest extent possible down this road of back and forth on yield 1 minute to the distinguished and that they will never be tolerated in these issues, as opposed to having a gentlewoman from California (Ms. our country, ever, as they have been deep discussion about what occurred CHU), one of the sponsors of this legis- tolerated too often in the past. and what didn’t occur. But, impor- lation. Representative CHU, as chairwoman tantly, on this issue, you know, taking Ms. CHU. Madam Speaker, I rise of the Congressional Asian Pacific the Senator’s word that he has some today in strong support of the COVID– American Caucus, has put forward a concerns, as I do. 19 Hate Crimes Act. resolution condemning the deadly I mean, I have sat here and expressed Since the start of this pandemic, shootings in Atlanta in March, which my solidarity and hope and desire, Asian Americans have been terrified by killed six Asian-American women and again, as a former Federal prosecutor, the near-daily attacks in our commu- two others. I am strongly supporting figuring out how to root out hate and nities. Shocking videos like the fatal both her resolution and Senator stop crime. I happen to believe that we assault of 84-year-old Vicha HIRONO’s hate crimes legislation, which should do that through the lens of Ratanapakdee, and the horrific shoot- has already passed the Senate, 94–1. being color blind, and attacking our ings of eight people at three Asian- Mr. HAWLEY of Missouri was the sole criminal justice system the way we owned spas in Georgia brought na- exception, the Senator who gave should to try to root it out, but not to tional attention to this issue, but it thumbs-up to the insurrectionists. embed in our code the continued

VerDate Sep 11 2014 04:02 May 19, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.052 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2471 divvying us up by race. That is just and all forms of bigotry and violence, an AAPI-serving healthcare clinic in how I view it. and who sees this impact firsthand in Chinatown last month, and in con- That is how I view it with a number her district in Queens. I have visited versations with the AAPI groups. We of friends of mine of all walks of life, of her there, seeing the beautiful diver- have these regular conversations at all political persuasions, of all racial sity of her community, even diversity this time, sadly, taking this form. persuasions; and I think that we should within the Asian-American commu- This epidemic of anti-AAPI bigotry is be mindful of that. nity, as diverse as it is, and the trust a challenge really, Madam Speaker, to And the majority leader, I think, that they place in her, well-placed. the conscience of our country, which gave it up a little bit in saying that, And I salute CAPAC chair, JUDY CHU, demands bold, effective, and immediate you know, this vote will be seen either an historic leader, who every day is en- action. as A or B, right? It will be seen as you suring that the AAPI community has a As the House prepares to pass this are either for hate or you are against powerful voice and strong representa- legislation today, I also join my col- hate. That is, I think, one of the funda- tion in the United States Congress. leagues in support of Chair JUDY CHU’s mental problems we have in this body, Madam Speaker, I was listening to resolution condemning the deadly atis that we can’t engage in a reasonable the gentleman’s comments, and I was tack targeting the AAPI community in debate about what we are seeing here recalling when this resolution came to Georgia last month. These shootings and concerns we might have. And being the floor last year, and the leader on were a vicious and vile act that com- equally opposed to hate, or equally op- the other side said: Nobody in the pound the terror and pain that Asian- posed, or wanting to go root out crime, kitchen tables of America is talking Americans and Pacific Islanders face but have a differing view about how we about this. Another Member said that I each day. get there; that doesn’t mean it is A or was wasting the Congress’ time, as This bill that we have on the floor B, you are for hate or you are against Speaker, to be addressing this AAPI vi- today, the COVID–19 Hate Crimes Act, hate. olence, or any of the hate COVID ini- will strengthen our defenses against But that is what we do; we drop a $2 tiatives. It was ridiculous to say we any anti-AAPI violence, speeding our trillion, 2,000-page bill on the floor, and were wasting time. It is important, it response to hate crimes, supporting you say, well, you are either with us or is the work of the Congress. This is an State and local governments as they against us. Vote for this bill, it is issue for us, it is a value. It is a value improve reporting, and ensuring that named fill-in-the-blank. Right? Come that is reaffirmed by overwhelming hate crimes information is more acces- up with a great name, you can’t oppose vote in a bipartisan way in the United sible to the Asia-American commu- that. States Senate. nities. Suddenly then, that is what is put I know that Representative MENG This legislation also includes bipar- out in the headlines, you know, CHIP considered it a happy day when we tisan measures to further improve hate ROY votes for hate, right, instead of were on the Senate side, in the leader- crimes reporting and promote a better having an actual, robust debate here on ship of CHUCK SCHUMER, with Senator response to those hate crimes of any the floor about how we want to carry MAZIE HIRONO, Senator TAMMY kind. the country forward. I think that is DUCKWORTH, our colleague, ANDY KIM, Madam Speaker, it is really impor- what we ought to have. and, of course, our lead sponsor, GRACE tant if we are going to address the mat- I actually enjoy this part of our job. MENG, as that bill was being brought ter, if we are going to help solve the I enjoy having numbers of Members on forward on the Senate side, which, as problem, we have to have an account- the floor engaging back and forth we all know, received very strong, ing of what it is. As I said, 6,600 in the about these issues that are important, overwhelming bipartisan support. past year, a lot of it intensified toward rather than just seeking the headline So, today, in the House, we see rep- the end of that year. and running out to the triangle and resentation in action as we bring to the Madam Speaker, I thank Representa- giving a press conference, divvying us House floor important legislation to tive DON BEYER for his leadership in up further in our ideologies, or in the address a grave and growing crisis to the Jabara-Heyer NO HATE Act, now name of a certain or particular bill. the AAPI community and our entire as an amendment to this bill. This bill Madam Speaker, I reserve the bal- country, the COVID–19 Hate Crimes also builds on steps taken by President ance of my time. Act. Biden, including his day one executive Mr. NADLER. Madam Speaker, I And, again, I will salute MAZIE order to marshal Federal resources to yield 1 minute to the distinguished HIRONO and TAMMY DUCKWORTH, our combat xenophobia against Asian-Pa- gentlewoman from California (Ms. leaders in the Senate, where the legis- cific and Pacific Islanders, and his PELOSI), the Speaker of the House. lation passed almost unanimously, a March 30 announcement of additional Ms. PELOSI. Madam Speaker, I clear sign of the Congress’ unity on steps to combat anti-AAPI bigotry. thank the gentleman for yielding and this priority. Together, these steps would make a for his leadership in bringing this im- I, too, am blessed to represent a dis- significant difference to address hate portant legislation to the floor. It real- trict that is blessed with a large AAPI crimes in America, not only during ly is representative of his lifetime of population. And I have seen, as have this pandemic, but for years to come. service to our country for liberty and some of our other colleagues, firsthand, This month, May, is AAPI Heritage justice for all, the term that our distin- the hate crimes exacted against them, Month, and in this month we celebrate guished leader mentioned in his com- intensified since last year. Over 6,600 the many blessings that the AAPI comments—liberty and justice for all. incidences of anti-AAPI discrimination munity has bestowed on our Nation I want to spring from that and talk and violence from March of last year to over the generations. about e pluribus unum. When our March of this year, in all 50 States, As we do so, let us honor those con- Founders established that as a prin- have been reported: businesses vandal- tributions with action: ensuring that ciple, as a guide, e pluribus unum, from ized, seniors attacked, families living every Asian-American and Pacific Is- many, one, they could never have in fear, and hundreds more occur unre- lander and their families and loved imagined how many we would be or ported in the shadows. This is what we ones can live with safety, dignity, and how different we would be from each know. pride. other, but they knew we had to be one, These attacks are even more shame- Madam Speaker, I urge a strong bi- indivisible, with liberty and justice for ful in light of the heroism of our AAPI partisan vote for the COVID–19 Hate all. community during the pandemic, Crimes Act, and ask for the Chu resolu- Madam Speaker, I thank the leader against which 2 million Asian-Ameri- tion condemning the shootings of Geor- for framing it in that way, and I thank cans and Pacific Islanders are fighting gia, when that comes up. I look for- the chairman for bringing us together on the front lines as healthcare pro- ward to seeing the COVID–19 Hate around this legislation put forth by viders, as first responders, our police Crimes Act go directly to the Presi- Representative GRACE MENG, a real and fire, and other essential workers. dent’s desk, as it has already passed champion in Congress, who has long led As a Californian, again, I have seen the Senate, and be swiftly signed into the charge against anti-AAPI bigotry, firsthand the pain in my community at law in a strong, bipartisan way.

VerDate Sep 11 2014 04:02 May 19, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.055 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2472 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Madam Speaker, I urge a strong COVID–19 Hate Crimes Act, of which I Lord Almighty, and less reliance on ‘‘aye’’ vote. am a proud cosponsor. I applaud the the Federal Government to make our Mr. ROY. Madam Speaker, may I in- COVID–19 Hate Crimes Act’s passage in communities better. quire how much time is remaining? the Senate, and I thank Representa- As I said earlier, I can get into the The SPEAKER pro tempore (Ms. PIN- tives MENG, CHU, BEYER, and Senators intricacies of the bill, but we have al- GREE). The gentleman from Texas has HIRONO and DUCKWORTH for leading the 21⁄4 minutes remaining. The gentleman call to address the rise in hate crimes ready gone over it. The concern of from New York has 41⁄2 minutes re- against the AAPI community. many on my side of the aisle is in this continued sordid business of divvying maining. b 1500 Mr. ROY. Madam Speaker, I reserve us up on race and focusing on race. The COVID–19 Hate Crimes Act will the balance of my time. We have spent the better part of the Mr. NADLER. Madam Speaker, I help ensure that we are measuring the last year rightfully concerned, focused, yield 1 minute to the distinguished severity of hate crimes in this Nation gentlewoman from New York (Ms. so we can implement systemic change. and outraged on what we saw with re- VELA´ ZQUEZ). It is time that we address the rise in spect to Mr. Floyd. But we have had a Ms. VELA´ ZQUEZ. Madam Speaker, I hate crimes against Asian Americans continued focus on race over the last rise today in strong support of this leg- and Pacific Islanders. We cannot ignore year, and I think one can look at the islation, and I thank my dear friends the fear and the heartbreak that impact on communities and the impact and colleagues, GRACE MENG and JUDY plagues our AAPI communities. We on Black communities throughout the CHU, for their passionate leadership on cannot ignore the hate and the vio- United States’ cities, businesses that lence perpetrated upon the AAPI com- this issue, and for leading the charge have been closed down, and crime munity. We cannot ignore the fact that on this bill today. sprees that have occurred and wonder Since the start of the COVID–19 pan- there have been at least 2,800 incidents what this continued focus on race is demic, this country has witnessed a of anti-Asian hate in the United States shocking rise in hate crimes against since the pandemic began and 1,226 in- doing to better our great Nation. the AAPI communities. I am proud to cidents taking place in California and I would posit that we are a far better represent New York City’s Chinatown 728 crimes in the Bay Area alone. Un- country when we follow Lady Justice on the Lower East Side of Manhattan fortunately, this is only a fraction of with the blindfold and that we seek to and Brooklyn’s Chinatown around 8th anti-Asian hate crimes and incidents achieve that recognizing our failure to Avenue and Sunset Park. that we know because so many go undo so in the past but seeking our desire reported. It goes without saying that my con- to achieve that blindfolded justice stituents, and every one of our con- Madam Speaker, I urge my col- going forward. stituents, ought to be able to go to leagues to support the COVID–19 Hate work, walk to the grocery store, or ride Crimes Act so that we can continue to Madam Speaker, I yield back the bal- public transportation without fear of a fight against hate and violence and ance of my time. bigoted, and even dangerous attack. support justice, equality, and safety for Mr. NADLER. Madam Speaker, I the AAPI community. We need to bring justice to all the yield myself the balance of my time. victims of these heinous crimes. That Mr. ROY. Madam Speaker, I reserve is why passing this bill is a must. Vote the balance of my time. Madam Speaker, our country is expe- ‘‘yes’’ and let’s lead with action. Let’s Mr. NADLER. Madam Speaker, I riencing a devastating rise in hate, par- send a strong message that hate and yield 1 minute to the distinguished ticularly against Asian Americans, bigotry will not be tolerated in the gentleman from Texas (Mr. GREEN). throughout this pandemic. The COVID– United States of America. Mr. GREEN of Texas. Madam Speak- 19 Hate Crimes Act responds to this ur- Mr. ROY. Madam Speaker, I reserve er, those who tolerate hate perpetuate gent problem and will help our govern- hate. A brief story: I saw the picture, the balance of my time. ment position itself to act quickly on Mr. NADLER. Madam Speaker, I the film, the depiction of the lady in reports of hate crimes. It will ensure yield 1 minute to the distinguished New York when she was approached by we have accurate data on the size and gentleman from Hawaii (Mr. CASE). a man who kneed her in her stomach, Mr. CASE. Madam Speaker, I rise forced her to the ground, and kicked scope of the problem. With this infor- today to give voice, not just to the 80 her with his feet on multiple occasions. mation, the Department of Justice will percent of my constituents whose her- That kind of hate we cannot tolerate. be better positioned to act on reported itage lies in Asia and the Pacific, but He happened to have been a person of hate crimes and to prevent future ones. to all I represent; that we join with our color. It must be known that regardless Madam Speaker, I urge all my col- as to who you are, regardless as to your brothers and sisters across our country leagues to support this important leg- in solidarity; that hate against any of race or your color, Madam Speaker, if islation and to send it to the Presi- us based on our race, our ethnicity, our you perfect that kind of hate, you dent’s desk without delay, and I yield heritage, is hate against us all; that should be prosecuted to the fullest ex- this must end here now. tent that the law allows. Those who back the balance of my time. I rise today to recognize my Senator, tolerate hate perpetuate hate. The SPEAKER pro tempore. The MAZIE HIRONO, a pioneer in her own Mr. ROY. Madam Speaker, I yield question is on the motion offered by right, who brought this message to us myself the balance of my time. the gentleman from New York (Mr. in anger and in faith. I rise today for Madam Speaker, the gentlewoman NADLER) that the House suspend the from California earlier made a good my granddaughter, 2-year-old, Cadence rules and pass the bill, S. 937. Masako Ansdell, and for millions like point, and I am going to use my own her for whom we must, today, make words to paraphrase what she said The question was taken. this choice, that when they come of when she said that we can’t legislate The SPEAKER pro tempore. In the age, they will know only the harsh les- away hate. opinion of the Chair, two-thirds being sons of their past and not the tragic re- The perspective of many of us is that in the affirmative, the ayes have it. ality of their present. we don’t need new laws, we don’t need Madam Speaker, I rise for us all. more committees, and we don’t need Mr. ROY. Madam Speaker, on that I Mr. ROY. Madam Speaker, I reserve more bureaucracy. We need to give our demand the yeas and nays. the balance of my time. police the resources they need to do The SPEAKER pro tempore. Pursu- Mr. NADLER. Madam Speaker, I their job. We need to make sure that ant to section 3(s) of House Resolution yield 1 minute to the distinguished we are rooting out crime wherever it 8, the yeas and nays are ordered. gentlewoman from California (Ms. may exist between whatever commu- LEE). nities it may exist. We need more em- Pursuant to clause 8 of rule XX, fur- Ms. LEE of California. Madam phasis on family, more emphasis on ther proceedings on this motion are Speaker, I rise today in support of the community, more emphasis on the postponed.

VerDate Sep 11 2014 04:02 May 19, 2021 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.056 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2473 PROVIDING FOR CONSIDERATION The SPEAKER pro tempore. The gen- The horrific act of gun violence that OF H.R. 1629, FAIRNESS IN OR- tlewoman from Pennsylvania is recog- took eight lives in Atlanta, including PHAN DRUG EXCLUSIVITY ACT nized for 1 hour. six Asian women, is a tragedy unam- DRUGS; PROVIDING FOR CONSID- Ms. SCANLON. Madam Speaker, for biguously rooted in hate. It is a trag- ERATION OF H. RES. 275, CON- the purpose of debate only, I yield the edy that followed 4,000 reported hate DEMNING THE HORRIFIC SHOOT- customary 30 minutes to the gentle- crimes against Asian Americans over INGS IN ATLANTA, GEORGIA, ON woman from Minnesota (Mrs. the past year, and it is a tragedy that MARCH 16, 2021; AND FOR OTHER FISCHBACH), pending which I yield my- followed decades of bigotry, discrimi- PURPOSES self such time as I may consume. Dur- nation, and indifference toward the Ms. SCANLON. Madam Speaker, by ing consideration of this resolution, all AAPI community. direction of the Committee on Rules, I time yielded is for the purpose of de- We must recognize that physical and call up House Resolution 403 and ask bate only. verbal attacks against people of Asian for its immediate consideration. GENERAL LEAVE descent are not a new phenomenon and that our country has a shameful past of The Clerk read the resolution, as Ms. SCANLON. Madam Speaker, I violence and discrimination directed follows: ask unanimous consent that all Mem- bers be given 5 legislative days to re- against Asian Americans. From the H. RES. 403 vise and extend their remarks. Chinese Exclusion Act to the intern- Resolved, That upon adoption of this reso- The SPEAKER pro tempore. Is there ment of Japanese Americans, to the in- lution it shall be in order to consider in the objection to the request of the gentle- numerable acts of individual violence House the bill (H.R. 1629) to amend the Fed- that have cost so many their lives or eral Food, Drug, and Cosmetic Act with re- woman from Pennsylvania? spect to limitations on exclusive approval or There was no objection. livelihoods, a vile and persistent rac- licensure of orphan drugs, and for other pur- Ms. SCANLON. Madam Speaker, yes- ism has denied many people the basic poses. All points of order against consider- terday, the Rules Committee met and safeties and individual freedoms that ation of the bill are waived. The bill shall be reported a rule, House Resolution 403, some others take for granted. considered as read. All points of order providing for consideration of H.R. But we also need to recognize that at against provisions in the bill are waived. The 1629, the Fairness in Orphan Drug Ex- a time when we are all dealing with the previous question shall be considered as or- clusivity Act, under a closed rule. It hardships caused by the pandemic, dered on the bill and on any amendment provides 1 hour of debate equally di- Asian Americans have had to deal with thereto to final passage without intervening motion except: (1) one hour of debate equally vided and controlled by the chair and additional pain, fear, and loss brought divided and controlled by the chair and rank- ranking minority member of the Com- on by the callous and careless rhetoric ing minority member of the Committee on mittee on Energy and Commerce. It of opportunistic politicians and bigots. Energy and Commerce or their respective also provides for one motion to recom- I have heard from my constituents and designees; and (2) one motion to recommit. mit. staff members in my office about the SEC. 2. Upon adoption of this resolution it The rule also provides for consider- pain that the increase in verbal and shall be in order without intervention of any ation of H. Res. 275, the condemning physical attacks has caused through- point of order to consider in the House the the horrific shootings in Atlanta, Geor- out our community. resolution (H. Res. 275) condemning the hor- gia, on March 16, 2021, and reaffirming rific shootings in Atlanta, Georgia, on March b 1515 the House of Representatives’ commit- 16, 2021, and reaffirming the House of Rep- I admire the incredible work being resentative’s commitment to combating ment to combating hate, bigotry, and hate, bigotry, and violence against the violence against the Asian-American done by AAPI advocates and organizers Asian-American and Pacific Islander com- and Pacific Islander community, under in southeastern Pennsylvania and munity. The resolution shall be considered a closed rule. across the Nation to bring attention to as read. The previous question shall be con- It provides 1 hour of debate equally anti-Asian discrimination and to call sidered as ordered on the resolution and pre- divided and controlled by the chair and for change. Groups in my district, such amble to adoption without intervening mo- ranking minority member of the Com- as Asian Americans United, Cambodian tion or demand for division of the question mittee on Oversight and Reform. Association of Greater Philadelphia, except one hour of debate equally divided Laos In The House, VietLead, and oth- and controlled by the chair and ranking mi- The rule deems as passed H. Res. 398, nority member of the Committee on Over- a resolution recognizing the forth- ers across the United States, have mo- sight and Reform or their respective des- coming centennial of the 1921 Tulsa bilized whole communities to come to- ignees. Race Massacre. gether and stand firm against hate and SEC. 3. House Resolution 398 is hereby The rule amends H.R. 188 to provide racism. adopted. recess instructions, suspension author- The anti-hate rallies and vigils orga- SEC. 4. House Resolution 188, agreed to ity, and same-day authority through nized in response to this year’s shock- March 8, 2021 (as amended by House Resolu- July 1, 2021. ing attacks are a resounding reminder tion 330, agreed to April 20, 2021), is amended Finally, the rule provides the major- that hate is not welcome in our cities by striking ‘‘May 20, 2021’’ each place it ap- ity leader or his designee the ability to and towns, but also that standing up to pears and inserting (in each instance) ‘‘July 1, 2021’’. en bloc requested rollcall votes on sus- hatred requires more than just SEC. 5. (a) At any time through the legisla- pension bills considered on May 17 or thoughts and prayers. It requires all of tive day of Thursday, May 20, 2021, the 18. This authority lasts through May us to recognize and call out racism Speaker may entertain motions offered by 20. when we see it, to work with our neigh- the Majority Leader or a designee that the Madam Speaker, we are here today to bors to protect everyone in our com- House suspend the rules as though under consider two timely and important munities, and to lift up voices that clause 1 of rule XV with respect to multiple bills. The first is a resolution from our aren’t always heard. measures described in subsection (b), and the colleague, Congresswoman JUDY CHU, As we continue to confront the sys- Chair shall put the question on any such mo- condemning the horrific, shootings, in temic racism that plagues so much of tion without debate or intervening motion. (b) A measure referred to in subsection (a) Atlanta, Georgia, in March, and con- our culture, the passage of this resolu- includes any measure that was the object of firming the House of Representatives’ tion by the House must be part of a a motion to suspend the rules on the legisla- commitment to combating hate and vi- greater holistic effort to provide all tive day of May 17, 2021, or May 18, 2021, in olence against the Asian-American and Americans with prosperity, justice, and the form as so offered, on which the yeas and Pacific Islander community. freedom from fear. nays were ordered and further proceedings I want to start by offering my condo- Congress cannot keep waiting for postponed pursuant to clause 8 of rule XX. lences, prayers, and support for the problems to boil over in order to do (c) Upon the offering of a motion pursuant family and friends of the eight people something about them. I ask that all of to subsection (a) concerning multiple meas- murdered in Atlanta on March 16 and my colleagues keep that in mind as we ures, the ordering of the yeas and nays on postponed motions to suspend the rules with the thousands of Asian Americans who work to address systemic racism and respect to such measures is vacated to the have been physically or verbally at- the other pressing problems of our day. end that all such motions are considered as tacked over the course of the pan- I thank Congresswoman CHU for her withdrawn. demic. leadership, and I thank her and the

VerDate Sep 11 2014 04:07 May 19, 2021 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.059 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2474 CONGRESSIONAL RECORD — HOUSE May 18, 2021 members of the Georgia delegation for scendants irreparably harmed that day, It has been 1 year since this body in- introducing this important resolution. even if we cannot give them the justice stituted martial law, as my friend and Madam Speaker, I also rise in sup- they deserved. colleague Ranking Member COLE said port of H.R. 1629, the Fairness in Or- I thank my colleague, Congress- during the Rules Committee hearing phan Drug Exclusivity Act. This bill is woman JACKSON LEE, for her work to yesterday. While at the time there was sponsored by my good friend and col- bring this resolution to the floor and to certainly a need for changes to the league from the Commonwealth of ensure that we recognize this terrible rules to rapidly move legislation at the Pennsylvania, Congresswoman DEAN, moment in our collective past. onset of the pandemic, the landscape who has bravely shared her family’s ex- I thank all of my colleagues who has dramatically shifted, and we are perience with the hardships caused by helped craft the bills we are consid- more than ready to get back to normal. substance use disorder, and who has ering today. I look forward to sup- Instead, more than 1 year later, we been a tireless advocate for Federal so- porting this rule, and I urge my col- are still being governed by martial law lutions to the opioid epidemic. leagues to do the same. in what has become the least trans- This much-needed bill would close a Madam Speaker, I reserve the bal- parent Congress ever. Democrats in the loophole in our Federal drug approval ance of my time. majority continue to chip away at the laws, promoting greater competition Mrs. FISCHBACH. Madam Speaker, I rights of the minority. Before we know thank the Representative from Penn- and lower prices and allowing more it, those in the minority will have no sylvania for yielding me the customary medications to treat opioid use dis- rights left at all. order, as well as other diseases, to 30 minutes, and I yield myself such The majority of us in this body are come to market. Closing this loophole time as I may consume. fully vaccinated. The science says that Madam Speaker, we are here today to would increase access to low-cost fully vaccinated individuals can and debate the rule governing the consider- treatments and would prevent pharma- should resume prepandemic behavior. ation of the Fairness in Orphan Drug ceutical companies from abusing the So why won’t the Democratic majority current law to boost drug prices for Exclusivity Act and the resolution to condemn the horrific shootings in At- follow the science and resume regular medications that could be sold by com- order in this body? petitors at much lower prices. lanta this past March. I want to say right away that it is It is the American people who are In particular, this bill would reduce losing out, and it would behoove the the price of buprenorphine, a drug that not the substance of these two bills to which I take exception; it is the proc- Democratic majority to bring the is critically important for medically time-tested processes and transparency assisted treatment, or MAT, of opioid ess the majority is following or not following to move legislation forward. back to this institution. abuse disorder, but which has been Madam Speaker, I do support the un- made more costly and less available The first bill in this rule is H. Res. 275, a resolution condemning the hor- derlying bills. However, I have serious due to abuse of the current laws. concerns over the continuance of meas- The opioid epidemic has devastated rific shootings in Atlanta, Georgia, ures in this rule that limit trans- families in my district and across the this past March. As Members of the parency and strip the minority’s rights country. Too many communities have House of Representatives, we unequivo- in this body. It is for this reason that experienced the terrible toll of opioid cally condemn violence and hate I oppose the rule, and I urge my col- addiction, and I am glad this is an against any person or group of people. issue on which Democrats and Repub- What happened in Atlanta is an un- leagues to do the same. Madam Speaker, I reserve the bal- licans have been able to work together imaginable tragedy that must be de- ance of my time. and achieve real results for the Amer- nounced in no uncertain terms. I sup- Ms. SCANLON. Madam Speaker, like ican people. port the idea of the resolution, but not Since 2018, Congress has been able to the way my colleagues in the majority many, I am so excited to see our coun- pass multiple bipartisan bills to in- are handling it. try begin to unwind many of the crease funding for substance use dis- The majority chose to circumvent COVID–19 precautions of the last year, order, provide more treatments and the prescribed process for a resolution but we are not in the clear yet. medications for those suffering from of this nature, bypassing the usual It is no secret that many Members of opioid addiction, and improve access to committee markup altogether and this body have refused to be vac- mental health services. sidestepping an opportunity for the cinated, and many of the same Mem- The Fairness in Orphan Drug Exclu- majority to address concerns from the bers have also shown repeated dis- sivity Act is a straightforward bill minority and allow the House to speak regard for the dangers posed by the with bipartisan support and sponsor- with one unified voice. pandemic. We need to extend certain ship that passed the House of Rep- That is not the way the people’s measures in the House to provide the resentatives last Congress, and it was House was intended to work, and it House with flexibility to ensure that on track to pass this Congress last negatively affects both Members of Congress can expeditiously respond to week before inexplicably being derailed this body and our constituents when we the future needs created by the pan- when one of its former sponsors can’t have the kind of discussion re- demic and the economy and to keep all whipped votes against it. quired on important pieces of legisla- of those who serve here safe. I thank my Pennsylvania colleagues, tion like this. Madam Speaker, I yield 2 minutes to Representatives DEAN and The other underlying bill, H.R. 1629, the gentlewoman from California (Ms. FITZPATRICK, for their bipartisan lead- the Fairness in Orphan Drug Exclu- MATSUI), a former member of the Rules ership on this bill, which is so impor- sivity Act, came before the House last Committee. tant, not just for Pennsylvanians, but week and failed to garner the two- Ms. MATSUI. Madam Speaker, I for families across this country who thirds majority needed to pass on sus- thank the gentlewoman for yielding. have struggled to obtain effective and pension after one of our Republican Madam Speaker, I rise today in sup- affordable treatment for loved ones colleagues was left off the bill that he port of the rule providing for consider- suffering from substance use disorder. I had long championed, left off the bill ation of Representative CHU’s resolu- urge its prompt passage. for an issue unrelated to the bill. tion condemning the horrific shootings Lastly, I want to voice my support Again, I support H.R. 1629 and hope in Atlanta and reaffirming the House’s for H. Res. 398, a resolution introduced you will, too. But not only did the commitment to combating hate and vi- by Congresswoman JACKSON LEE to rec- Democrats ignore the spirit of biparti- olence against the AAPI community. ognize the forthcoming centennial of sanship by which they claim to abide Earlier today, I joined Speaker the 1921 Tulsa Race Massacre. This and block Republican Members from PELOSI, Representatives CHU and MENG, event was one of the most abhorrent signing on to this bill, they did so by and others at an event to mark the im- instances of racial violence in our Na- continuing to ram through bills with- portance of the steps we are taking on tion’s history, and it is history that we out any respect for process, rules, or the House floor today. Together, Rep- should not ignore or forget. courtesy, which brings me to the ex- resentatives CHU and MENG’s bills With this resolution, we can at least tension of rule changes included in the make a statement of commitment to a recognize the people, families, and de- resolution. sacred American value: celebrating our

VerDate Sep 11 2014 04:07 May 19, 2021 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.061 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2475 diversity as a force against hate and H.R. 261 sanctions foreign govern- Soumya Santosh was killed when a discrimination. ments and persons who provide support rocket fired on Israel by Hamas on May As we honor AAPI Heritage Month, for Hamas and Palestinian Islamic 11th detonated close to her. She we stand amidst a reckoning on racial Jihad. worked as a caretaker to an elderly justice and discrimination. We must be Madam Speaker, I yield 10 minutes to woman who had been living in Israel intentional about how we uplift our the gentleman from Florida (Mr. for the last 7 years. voices, how we listen, and how we en- MAST), who represents the 18th Con- These individuals and so many others sure dignity and respect throughout gressional District. are not just collateral damage. They our communities. Mr. MAST. Madam Speaker, I thank and millions of other Israeli civilians As the past few years have shown, the gentlewoman for yielding. are targeted. They are targets of hateful rhetoric can easily spiral into Why at this time should we come to- Hamas. scapegoating and violence. Xenophobia gether bipartisanly on this vote? That After I was blown up in Afghanistan, and blame have proliferated, from the is the question that I am going to at- I volunteered to serve alongside Israel highest levels of government to our tempt to answer. Defense Forces. There, I served along- Members of this body are going to local communities. This cannot be side soldiers that were driven by their have the opportunity as we move for- overlooked. I have shared my own fam- love for their fellow man, rather than ily’s story of the consequences of inac- ward here to either support Hamas or to not, to fight against them. The by hatred for their enemies. tion. I had the honor of getting to know The fear of ‘‘the other’’ is nothing choice will be made. People will decide which direction they want to go. some of the most creative and caring new, but it has been chipping away at people I have ever met, who adapted to our social conscience for far too long. My bill, H.R. 261, the Palestinian International Terrorism Support Pre- some of the worst situations that any- This is what we are working to root body could be placed into. Every fam- out. We must stop it at the source with vention Act of 2021, would make clear that the United States stands with ily that I encountered during my time a united front. in Israel shared a desire for their chil- Today’s vote is a reminder that our Israel and would sanction those who dren to grow, like we do, and to be edu- country is capable of growth; that this provide financial support to Hamas. It cated safely without the looming legislative body will not sit in silence is that simple. threat of war. while a community suffers racism and Now, why do we need to do that? Why I learned at the Shabbat tables of my hatred. Future generations are listen- is it important to come together on hosts there just how much each family ing, and together, Americans are this? To put a fine point on it, this is truly desires peace between every standing up and speaking out. not one pissed-off Palestinian that It has been encouraging to see the co- picked up a shoulder-fired RPG, put it neighbor of Israel, regardless of reli- hesion amongst Asian Americans and on their shoulder, and fired it 100 yards gion, regardless of history. They don’t all Americans in the fight against over at Israel. That is not what we are want to be attacked. They want to live AAPI hate. I have been heartened to talking about here. in peace. They want to see their chil- see individuals, leaders, and organiza- Hamas is sophisticated. They are dren grow. tions come together to help heal our well organized, and there is a complex So why support bipartisanly this leg- communities from these historical infrastructure involved in getting them islation? their weapons. They don’t just go down Because Hamas, on the other hand, traumas and move forward united. I am proud to support this rule and to the Gaza Strip rocket depot in order uses their own people as shields and this bill, and I urge all of my col- to pick up these things. They are cannon fodder. They don’t stand for leagues to do the same. smuggled across Iraq, Syria, Jordan, their people. They don’t defend their Mrs. FISCHBACH. Madam Speaker, I into one of the most densely populated people. They stand behind their people. yield myself such time as I may con- areas of the world without anybody no- They build their command and control sume. ticing or saying anything. That is why infrastructure inside hospitals and Madam Speaker, if the issue that the we need these sanctions. schools. They launch their missiles majority has with reopening is related b 1530 from heavily populated areas. to vaccinations, I understand the ma- And this recent round of fighting be- Why should we come together tween Hamas and Israel is exactly jority claims that their side is 100 per- bipartisanly on this to support our cent vaccinated. I would just say that that, a round in an ongoing conflict friend and ally Israel to stand against that goes back decades. Hamas has if that is the case, science says they Hamas? consistently launched thousands and have nothing to worry about coming to Because the rockets that Hamas thousands of rockets into Israel, kill- the House floor or being in public. But smuggles and fires at Israel are not that is not what this is all about. This science-fair bottle rockets. Many of ing and maiming hundreds of civilians. Why come together bipartisanly? is about the Speaker holding on to her them are Fajr-5 missiles, 21-plus feet Because in the last week alone, they slim and tenuous majority by any long. That is longer than a Chevy Sub- have fired more than 3,000 rockets into means necessary, even weaponizing the urban. There are hundreds of pounds of House rules to do so. explosives on the end of that. Israel. This didn’t make the news, but If we do defeat the previous question, The explosives that detonated under- in April, over 44 rockets fired into I will offer an amendment to the rule neath my legs were about 5 pounds to Israel. In January, three rockets fired to provide for consideration of Rep- 10 pounds of explosives, to put that into Israel. That is just this year. resentative MAST’s H.R. 261, the Pales- into perspective. Why come together bipartisanly? tinian International Terrorism Support Why come together bipartisanly to In 2020, more than 130 rocket attacks. Prevention Act of 2021. support this? In 2019, 650 rocket attacks. In 2018, 350 I ask unanimous consent to insert Because Hamas is not firing these rocket attacks. the text of my amendment in the rockets in order to make a pretty fire- That is more than one a day. Imagine RECORD, along with the extraneous ma- works show. They use these missiles if that was going on here in the United terials, immediately prior to the vote specifically to target large towns and States. on the previous question. cities with the express hope of killing Why come together bipartisanly? The SPEAKER pro tempore. Is there Israeli civilians, like so many that we To make sure that we sanction the objection to the request of the gentle- have heard about. enablers of Hamas. woman from Minnesota? Ido Avigal was a 5-year-old boy who In 2016, Hamas bombed a bus in Jeru- There was no objection. was murdered when shrapnel from a salem, killing 2 and wounding 21. Mrs. FISCHBACH. Madam Speaker, rocket ripped through his window in a At another time, a Hamas suicide the Israelis are among our greatest al- fortified room that he was hiding in bomber killed one and injured nine. lies and a critical strategic partner in with his mother. Another bombing, Palestinian Is- the international fight against ter- Daniel Tragerman was a 4-year-old lamic Jihad claims responsibility for a rorism. Congressman MAST under- Israeli boy who was killed by a mortar suicide bombing in a neighborhood stands this better than most. shell fired by Hamas in 2014. bakery.

VerDate Sep 11 2014 04:07 May 19, 2021 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.062 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2476 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Another bombing in a shawarma res- cific amendment, even if they faith- history of the United States, the White taurant in Tel Aviv killed 11 and fully promise to do so. So let’s not dis- mob destroyed almost 40 square blocks, wounded 70. Palestinian Islamic Jihad tract from the bills that we are here to left almost 9,000 Greenwood district claimed responsibility, one of the list- move forward today. residents homeless. ed sanctioned groups in this bill. Madam Speaker, I yield 3 minutes to So this is a story from 100 years ago. In another bombing, at a vegetable the gentlewoman from Texas (Ms. Look at the smoke coming from the market, seven people killed. Pales- JACKSON LEE), the lead sponsor of H. buildings that were industries. People tinian Islamic Jihad claimed responsi- Res. 398, recognizing the forthcoming had ice cream parlors, restaurants, and bility. centennial of the 1921 Tulsa massacre. boarding houses burned to the ground. In another bombing, two commuter Ms. JACKSON LEE. Madam Speaker, We come today to say, the burned- buses in Beersheba, 16 people killed and I thank the manager for her leadership. out ruins of Greenwood—there is one over 100 wounded. Hamas claimed re- I also thank all of those on the floor door left in Tulsa, to be able to em- sponsibility. who understand the indignity of mas- brace those from Tulsa, Oklahoma. Why is this bill needed? Why do we sacres, racism, and devastating his- They will be here tomorrow for a hear- need to come together? tories that our country has faced. ing in the Judiciary Committee. I am Because Hamas does not finance ter- We, too, are Americans, and I love honored this legislation will honor rorism with bake sales. They receive this country. them. significant support from individual Last night, on the floor of the House, The SPEAKER pro tempore. The groups and foreign governments, like I said that, as a young girl, I knew time of the gentlewoman has expired. Iran. about the Nina, the Pinta, and the Ms. SCANLON. Madam Speaker, I The U.S. Government has estimated Santa Maria; I knew about Columbus yield an additional 1 minute to the that Iran, by itself, has provided as and Abraham Lincoln and George gentlewoman from Texas. much as $100 million annually to Washington. And that was well, Ms. JACKSON LEE. Madam Speaker, Hamas, the Palestinian Islamic Jihad, though, obviously, there are challenges we will know and history will tell us and other Palestinian terrorist organi- to that history, even today. That is that embedded in the annals of the zations. These foreign sponsors seek to what we knew. But we did not know CONGRESSIONAL RECORD will be H. Res. bring death to the Jewish state. It is the history—the slave history or even 398 that talks about that story. that simple. Under my bill, the United States will the fact that there was something Yet we rise above that, not so much sanction these groups that are sup- called Tulsa, Oklahoma, a bright and to ignore it, but we ask that we con- porting terrorism. If we do not pass shining star of economic opportunity. demn the violence in this resolution. this bill, we will not stand together to This picture shows young girls danc- We ask for rejection and active opposi- sanction these groups that are enabling ing in a parade, just like today, with tion to the false ideology of white su- this terrorism. cowboy hats on, the high school dance premacy. We ask for tolerance and This is common sense, which is why team, if you will. None of that was unity. We ask and are calling upon it passed the House of Representatives taught to any of us, this prosperous Americans to celebrate ethnic, racial, without any opposition last Congress. place. and religious diversity. The bill even includes humanitarian And then a community known as We, too, mourn those who were killed exemptions that Democrats in the For- Greenwood, in June of 1921, after a se- in Atlanta for Asian hate. It says, en- eign Affairs Committee wrote last Con- ries of heinous events that nearly encouraging all persons in the United gress, before all voting in favor of this tirely destroyed Greenwood. We knew States to reflect upon all of our his- piece of legislation. nothing about this. A hundred years; tory. Yes, we can rise above it, but we Given the ongoing attacks on Israel, three living descendants. We will be on must know that the stories that are and the bipartisan support for this bill our way. told say that Tulsa must have some re- last Congress, I have asked that this I thank the Congressional Black Cau- pair, some say reparations. bill be expedited for consideration cus for championing this with me, and Finally, as I close, we hear a testi- again. Chairwoman BEATTY for understanding mony from the great-granddaughter of Unfortunately, some of our col- the validity of telling the truth. Howard and Harriet Ector. They were leagues are now pushing the opposite In this story, they saw men, women, builders and pillars of Black Wall direction for the United States to with- and children driven like cattle, huddled Street. They were featured in the hold American weapons shipments to like horses, and treated like beasts. I Smithsonian. As a little girl, their Israel, but they will not support steps saw hundreds—this is a testimony—of great-great-granddaughter was saved to cut off the flow of weapons and fund- men march through the main business by hiding in a chicken coop at age 9 to ing from Iran to Hamas that is killing section with their hats off, their hands dodge bullets. It was a race war. We our Israeli friends. There is a false up, with dozens of guards marching should not ignore our differences, but equivalency that is going on, and there them with guns and cursing them from we should be unified by who we are. is a rooting for a terrorist organization everything mentionable. Three hun- I am delighted to support this resolu- that is happening as well. dred of them died, and are buried in un- tion, and I ask my colleagues to vote So, Madam Speaker, this is my re- marked graves. They were murdered. for it. quest. Many of you supported this bill The attackers looted and inten- Madam Speaker, I include in the 2 years ago. Support it again now. tionally burned an estimated 1,256 RECORD a report by the Oklahoma Stand with our ally, Israel. Stand homes in Greenwood, America’s Black Commission to Study the Tulsa Race against Hamas. Stand against their Wall Street, along with nearly all of Riot of 1921. enablers. Pass this bill unanimously. the district’s churches, schools, and 1921 TULSA RACE MASSACRE FACTSHEET Ms. SCANLON. Madam Speaker, I businesses. SOURCE—TULSA RACE RIOT: A REPORT BY THE yield myself such time as I may con- When others began to say, ‘‘Pull OKLAHOMA COMMISSION TO STUDY THE TULSA sume. yourself up by your bootstraps,’’ these RACE RIOT OF 1921, FEB. 28, 2001 Madam Speaker, with all due respect freed slaves, for barely 100 years, devel- Following World War I, Tulsa, Oklahoma to my colleagues, I must respectfully oped Greenwood. was recognized nationally for its affluent Af- decline to chase the red herring that Yet this is what happened. This is the rican American community known as the has been lobbed onto the House floor. body of a charred Negro killed in the Greenwood District. This thriving business A vote on the PQ is strictly a proce- riot. district and surrounding residential area was dural vote to move a bill forward. And How many were like that? referred to as ‘‘Black Wall Street.’’ In June as our colleagues know, voting ‘‘no’’ As I said, the death toll came about 1921, a series of heinous events nearly de- because something happened in an ele- stroyed the entire Greenwood area. would simply mean that we would hand ‘‘I saw men, women and children driven control of the House floor to them, vator, a word, something like Emmett like cattle, huddled like horses and treated which I decline to do. Till said to a White woman. In a like beasts. Thus, I fully realized the atti- As our colleagues know, they are firestorm of hatred and violence, that tude of the Southern white man when he has under no obligation to offer any spe- is perhaps unequal in peacetime in the you bested. I saw hundreds of men marched

VerDate Sep 11 2014 04:07 May 19, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.064 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2477 through the main business section of ‘‘White where to prevent the violence and destruc- these terrorists by punishing those who Town’’ with their hats off and their hands tion. facilitate transactions and launder up, with dozens of guards marching them Following the Massacre, local authorities funds on behalf of those terrorist orga- with guns, cursing them for everything men- did less than nothing to provide justice for tionable. I saw large trucks following up the the many Black victims. Thousands of Black nizations. invaders, as they ran the colored people from residents remained in internment camps in To my colleagues on the other side of their homes and places of business. Every- the days immediately following the Mas- the aisle, I call on you to join our ef- thing of value was loaded on these trucks sacre. forts to support our ally Israel. ‘‘Never and everything left was burned to ashes. I Local officials actively sought to hinder again’’ is a phrase we used to cement saw machine guns turned on the colored men the Black community’s rebuilding efforts. our determination to protect the Jew- to oust them from their stronghold.’’ —Anony- Within a week of the Massacre, the Tulsa ish people around the world. At a time mous primary source City Commission passed a fire ordinance Starting late on the evening on May 31 and aimed at preventing Black Tulsans from re- when terrorists are threatening the ex- continuing into the day of June 1, 1921, a building the Greenwood commercial district istence of Israel, Democrats should be White mob attacked the Greenwood district where it originally stood, and the so-called willing to join us at the table for the of Tulsa, Oklahoma, razing it to the ground. Reconstruction Commission established by reaffirmation of that commitment. The attackers looted and intentionally White business and political leaders batted Ms. SCANLON. Madam Speaker, I burned an estimated 1,256 homes in Green- away offers of outside aid. Black Tulsans yield 3 minutes to the gentleman from wood—America’s ‘‘Black Wall Street’’— successfully challenged the ordinance, which South Carolina (Mr. CLYBURN), the ma- along with nearly all the district’s churches, was later struck down as unconstitutional by jority whip. schools, and businesses. the Oklahoma Supreme Court, and managed The number of persons killed in the riot to rebuild at least parts of the community Mr. CLYBURN. Madam Speaker, I may never be known, but a 2001 report by a where it once stood. Many other Black resi- rise today to urge unanimous support commission created by the Oklahoma legis- dents left homeless or rightfully feeling fear- for H. Res. 398, recognizing the 100th lature estimated, based on available evi- ful and unwelcome left Tulsa. Thousands of anniversary of the 1921 Tulsa Race dence at that time, that at least 75 to 100 survivors were likely traumatized by the vio- Massacre. As a former history teacher, people died in the Massacre, and found that lence they witnessed or experienced in the I often quote George Santayana, who one credible contemporary source estimated Massacre. said, ‘‘Those who cannot remember the The Massacre also destroyed millions of the death toll at 300 people. All told, in what past are condemned to repeat it.’’ the late historian and Tulsa survivor John dollars in Black-owned property. The 2001 Hope Franklin described as a ‘‘firestorm of commission also estimated the property The Tulsa Race Massacre is a prime hatred and violence that is perhaps un- damage at 17 million in 1999 dollars, which example of inflaming issues and ignor- equaled in the peace time history of the would be more than 25 million today. An- ing history. They both significantly United States,’’ the White mob destroyed al- other source estimates the total value of the lead to the inability and failure to most forty-square-blocks and left almost property destroyed at between 50 and 100 learn the lessons that history can 9,000 Greenwood district residents homeless. million in today’s dollars. teach us. As the White invaders moved through the Mrs. FISCHBACH. Madam Speaker, I It was the inflammatory reporting of district, a violent pattern of murder, looting, yield 3 minutes to the gentleman from the chance encounter of a young Black and arson emerged. Armed Whites would Florida (Mr. GIMENEZ). man, Dick Rowland, and a young White force Black residents from their homes or Mr. GIMENEZ. Madam Speaker, I elevator operator, Sarah Page, that ig- businesses where they were held at ‘‘a grow- rise in opposition to the previous ques- nited one of the deadliest episodes of ing number of internment centers,’’ loot tion and, if defeated, I urge my col- what valuables or furnishings they could racial violence in our Nation’s history. carry, and then torch the structure. They leagues to adopt H.R. 261 by my friend On May 31, 1921, the Tulsa Tribune summarily shot any Black men found in a and colleague, Representative BRIAN newspaper printed the headline, and I home with a firearm as well as anyone else MAST. am quoting here, ‘‘Nab Negro for At- This legislation places strict sanc- who resisted. This pattern was repeated, tacking Girl in Elevator,’’ and the ‘‘[h]ouse by house, block after block’’ until tions on individuals who knowingly aid same edition included a report of a all of the city’s Black neighborhoods were senior members or supporters of ter- White mob’s plan to lynch Rowland. engulfed in flames. rorist organizations. This legislation, The newspaper account was based on Whites engaged in the attack also com- moving forward, is important in light mitted numerous other atrocities. According false claims that Mr. Rowland sexually of the terrorist acts conducted by to one Black eyewitness, White looters mur- assaulted the White woman, and is dered a Black elderly disabled man who, de- Hamas against the State of Israel. These horrific scenes coming out of cited as the spark that incited a mob spite having expressed a willingness to do so, to burn and loot 35 blocks in the Black could not comply with their order to leave Jerusalem depict countless rockets Greenwood neighborhood of Tulsa and his home. According to one White eye- being launched from Gaza with the in- witness, prominent Black surgeon Dr. A.C. tent to massacre innocent civilians. kill an estimated 300 people. Green- Jackson was gunned down on his front lawn What we have seen from the Iron wood was known at the time as Black with his hands up after attempting to com- Dome’s ability to intercept this high Wall Street due to its status as one of ply with the White rioters. Another Black volume of rockets is really truly re- the most prosperous African-American eyewitness recounted how he and 30 or 40 markable, but it also underscores communities in the country. other men who had surrendered to the riot- The devastation wrought by the mob, ers were lined up and forced to run with Israel’s security vulnerability. We are reminded this past week of many of whom had been deputized and hands over their heads to an interment cen- armed by local officials, took the lives ter located at Convention Hall, all while why the United States must continue some of their White captors shot at their to be an ally of Israel and why our and livelihoods of many in the Green- heels with guns. A group of White men even commitment to Israel’s sovereignty wood community. It caused irreparable ran a car into the group, knocking over two and independence is so crucial at a damage to so many Black families who or three of their number. In another horri- time of heightened regional hostility. never received justice for their losses. fying display of brutality, a Black disabled Each rocket launched into Israel was This horrific incident was erased homeless man was tied by his leg to a car from collective memory when the and dragged by ‘‘white thugs’’ through the paid for by a certain group or a certain individual, stemming from a vast net- Tulsa Tribune destroyed all original streets of the downtown business district copies of the May 31, 1921, edition of where he panhandled. work of financiers, many from Iran, While some might attribute these atroc- used by these terrorist organizations. the newspaper and removed all copies ities to the actions of a few ‘‘rogue’’ officers, By punishing those who bankroll from their archives. Scholars later dis- the ‘‘official’’ police response to the violence Hamas, Hezbollah, and other terrorist covered that police and State militia also appears to have been, at best, mired in organizations, we are taking an impor- archives about the riot were missing as confusion and, at worst, to have reflected un- tant step in providing Israel and the well. founded racial fears of a so-called ‘‘Negro up- We cannot overcome the issues of rising.’’ Responding to the baseless rumors Jewish people a bold signal of support for their self-defense and their self- race that have troubled our Nation that Blacks were coming from outside of since its inception by ignoring the town, the police chief ordered roughly one- determination. failings of our past. To repair our fifth of the officers on duty to setup check- b 1545 points on various roads leading into the city, faults, our country must acknowledge and at the railroad station, wasting precious This legislation will help put an end past mistakes and work to ensure that manpower that could have been used else- to a critical financial component of we don’t repeat them.

VerDate Sep 11 2014 04:07 May 19, 2021 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.014 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2478 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Mrs. FISCHBACH. Madam Speaker, I SON LEE, that commemorates in the derlying bills, I do not support the way reserve the balance of my time. CONGRESSIONAL RECORD for posterity the Democrats are running the House. Ms. SCANLON. Madam Speaker, I the 100th anniversary of the Tulsa Race The Democratic majority continues yield 1 minute to the gentleman from Massacre. to move on bills with virtually no Texas (Mr. GREEN). This resolution serves as a reminder input from Republicans and continues Mr. GREEN of Texas. Madam Speak- that Black people in America to this to prioritize partisanship over the er, the great writer and intellectual day continue to fight to end racist vio- American people. We are making great Carlyle was right, ‘‘No lie can live for- lence perpetrated against Black people progress with the pandemic and do not ever.’’ in America. need to consider legislation in this Kill 300 people? No lie can live for- H. Res. 398 also heralds a Congres- manner. We have got this rule without ever. sional Black Caucus initiative that a semblance of traditional process, and Destroy an entire business district? CBC chair JOYCE BEATTY entrusted to one of the resolutions contained in this Try to hide it? No lie can live forever. my friend, Congresswoman BRENDA rule was moved to the Rules Com- Hundreds hospitalized, families de- LAWRENCE and I to co-chair; that is, a mittee without any sort of markup, stroyed. No lie can live forever. commemorative virtual event which leaving the Members of this body with- One hundred years later, truth will commemorate and examine this out the means to make amendments or crushed to Earth has arisen, and no lie horrific massacre. The virtual event we lodge their objections. can live forever. are hosting will take place on Thurs- That is not the way this body should Mrs. FISCHBACH. Madam Speaker, I day evening, May 27, at 8 p.m., and is function. I urge the majority to make reserve the balance of my time. entitled, Remembering the Greenwood the necessary changes to restore reg- Ms. SCANLON. Madam Speaker, I Massacre: 100 Years from Tulsa to the ular order to the House of Representa- yield 1 minute to the gentleman from Insurrection (Reconciliation, Restora- tives. I do not believe that it is a Nevada (Mr. HORSFORD). tion, and Reparations). healthy nor respectful way to govern. Mr. HORSFORD. Madam Speaker, I Again, this virtual event will be held For this reason, I oppose this rule rise in support of H. Res. 398, the reso- on May 27, Thursday, from 8 to 9 p.m. and urge my colleagues to oppose it as lution recognizing the forthcoming This event will be on Zoom, and we are well. centennial of the 1921 Tulsa Race Mas- encouraging all to attend. It is meant Mr. Speaker, I yield back the balance sacre. to both educate the public about this of my time. One hundred years ago, the city of horrific attack on a thriving Black b 1600 Tulsa, Oklahoma, was home to the community and the massacre of its in- Greenwood district, a thriving, pros- habitants. It will highlight the rel- Ms. SCANLON. Mr. Speaker, I yield perous community where Black fami- evance and significance of this race- myself the balance of my time. lies could pursue the American Dream. based attack, especially as it relates to I wanted to mention that Senator On May 31, 1921, this vibrant commu- the events of January 6 and the many ELIZABETH WARREN, a native of Okla- nity was attacked and destroyed by similarities that exist between these homa, carries the Senate version of H. white supremacists in one of the worst two events. Res. 398 recognizing the Tulsa centen- acts of racial violence in American his- Anyone interested in attending this nial. tory. virtual event—and, again, I encourage When I go home and meet with con- But today, Greenwood is rising again. all to do so within the sound of my stituents, they want to know what we H. Res. 398 commemorates the vic- voice—they can go to my website, are doing here to make their lives bet- tims of the Tulsa Race Massacre and HankJohnson.House.gov to sign up and ter, not whether we have succeeded in mourns the loss of Black Wall Street to receive the Zoom information. obstructing the passage of necessary or hatred and bigotry. It celebrates the It is important that we all partici- popular legislation or in shutting down strength and perseverance of Black pate in this event, even if it is just by Congress. I suspect that is true for Americans, and it calls on all Ameri- listening or hearing from others. most Members, and I value those with cans to work toward a more perfect Mrs. FISCHBACH. Madam Speaker, I whom I can work in good faith. Union, one that will finally fulfill our reserve the balance of my time. This Congress has already seen its Nation’s promise of liberty and justice Ms. SCANLON. Madam Speaker, I fair share of parliamentary tricks to for all. yield 1 minute to the gentleman from disrupt the legislative process, and I Mrs. FISCHBACH. Madam Speaker, I Illinois (Mr. DANNY K. DAVIS). applaud the leadership’s efforts to keep reserve the balance of my time. Mr. DANNY K. DAVIS of Illinois. Members and staff safe, to advance leg- Ms. SCANLON. Madam Speaker, I Madam Speaker, I want to thank Rep- islation that will end the pandemic, yield 3 minutes to the gentleman from resentative SHEILA JACKSON LEE for re- and to serve the American people. Georgia (Mr. JOHNSON). minding us what a difference 100 years Let’s be honest about why we are Mr. JOHNSON of Georgia. Madam make. But, you know, 100 years or so taking up floor time to debate and pass Speaker, 100 years ago this month, ago, there was a race riot in Searcy, the orphan drug bill today, a bill with hundreds of Black men, women, and Arkansas. Thousands of African Ameri- broad bipartisan support that passed children were brutally terrorized, bru- cans were murdered. without a single objection last term. talized, and murdered in a massacre in A little more than 100 years ago, Last week’s ‘‘no’’ vote by some of our the Greenwood district of Tulsa, Okla- there was a riot in Chicago, Illinois, colleagues on the other side of the aisle homa. Their homes, businesses, and where hundreds of African Americans was incredibly disrespectful to the churches were burned to the ground. were injured. But then 100 years ago in Americans we are all here to represent. Their land was stolen from them. The Tulsa, Oklahoma, Black Wall Street, a Those Members voting ‘‘no’’ effectively thousands of survivors were locked community where people had labored, told their constituents that they care down and deprived of their liberty worked hard, seriously put everything more about whose name goes on a bill without charges. into it that they could, was destroyed. than they care about actually passing As the 100-year anniversary of the Yet in my town, there is a John Rog- legislation. Greenwood massacre approaches, it is ers, who is a descendant. His great Like my colleagues, I am frustrated important that we bring a focus to and grandfather owned the hotel. that this bill did not pass on suspen- examine this piece of history that has John Hope Franklin, the great histo- sion last week. The opioid epidemic is been swept under the rug lest we be rian, his relatives were part of that a serious issue. Families in my district bound to repeat it. massacre and the events surrounding and across the country know firsthand If the events of January 6 showed us it. So Representative SHEILA JACKSON the hardships caused by opioid abuse anything, it is that we are so close to LEE, thank you for reminding us that and addiction, and this issue deserves repeating history. That is why I stand we can never forget and never go back. to be taken seriously and addressed by today in full support of passing H. Res. Mrs. FISCHBACH. Mr. Speaker, in Congress, which is why we are bringing 398, a resolution offered by my good closing, I just want to reiterate that this bill back to the floor a week after friend, Congresswoman SHEILA JACK- while I do support the idea of the un- one of its former sponsors blocked its

VerDate Sep 11 2014 04:07 May 19, 2021 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.067 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2479 passage because his feelings were hurt Pursuant to clause 8 of rule XX, fur- Levin (MI) Panetta Stanton when he wasn’t asked to lead the bill ther proceedings on this question are Lieu Pappas Stauber Lofgren Pascrell Steel this term. postponed. Long Payne Stefanik Our colleagues extol, when conven- Lowenthal Pence Steil ient, the virtues of unity and biparti- f Lucas Perlmutter Stevens sanship, but it is important for them to Luetkemeyer Peters Stewart COVID–19 HATE CRIMES ACT Luria Phillips Strickland realize that bipartisanship relies upon Lynch Pingree The SPEAKER pro tempore. Pursu- Suozzi trust. And in the wake of January 6, Malinowski Pocan Swalwell Malliotakis Porter despite having witnessed the carnage ant to clause 8 of rule XX, the unfin- Takano Maloney, Posey ished business is the vote on the mo- Taylor created by falsehoods about the elec- Carolyn B. Pressley Tenney tion results, the majority of our Re- tion to suspend the rules and pass the Maloney, Sean Price (NC) Thompson (CA) bill (S. 937) to facilitate the expedited Manning Quigley publican colleagues voted with no evi- Thompson (MS) review of COVID–19 hate crimes, and Mast Raskin dence to cancel the electoral votes of Matsui Reed Thompson (PA) several States. for other purposes, on which the yeas McBath Reschenthaler Timmons For those of us who represent Penn- and nays were ordered. McCarthy Rice (NY) Titus sylvania, which was ground zero for The Clerk read the title of the bill. McCaul Rodgers (WA) Tlaib The SPEAKER pro tempore. The McClain Rogers (AL) Tonko those falsehoods and the efforts to un- McCollum Rogers (KY) Torres (CA) dermine and overturn our electoral question is on the motion offered by McEachin Ross Torres (NY) process, it is particularly tough to the gentleman from New York (Mr. McGovern Roybal-Allard Trahan trust Members who have shown more NADLER) that the House suspend the McHenry Ruiz Trone rules and pass the bill. McKinley Ruppersberger Turner interest in silencing those who would McNerney Rush Underwood challenge the lies than in defending the The vote was taken by electronic de- Meeks Ryan Upton Constitution. vice, and there were—yeas 364, nays 62, Meijer Salazar Valadao It is a shame that a bipartisan bill to not voting 3, as follows: Meng Sa´ nchez Van Drew Meuser Sarbanes combat opioid abuse needs to be recon- Van Duyne [Roll No. 145] Mfume Scalise Vargas sidered under a rule, and I hope this YEAS—364 Miller (WV) Scanlon Veasey Miller-Meeks Schakowsky time around my colleagues do what is Adams Craig Grijalva Vela Moolenaar Schiff Vela´ zquez right and pass the bill to improve ac- Aguilar Crawford Grothman Moore (UT) Schneider Wagner cess to low-cost medications to combat Allred Crenshaw Guthrie Moore (WI) Schrader Walberg Amodei Crist Hagedorn Morelle Schrier opioid addiction. Walorski Armstrong Crow Harder (CA) Moulton Schweikert We are here to pass legislation for Waltz Auchincloss Cuellar Hartzler Mrvan Scott (VA) Wasserman the American people, not to put our Axne Curtis Hayes Mullin Scott, Austin Schultz names on things. Stunts like what we Bacon Davids (KS) Herrera Beutler Murphy (FL) Scott, David saw last week are disrespectful to the Baird Davis, Danny K. Higgins (NY) Murphy (NC) Sessions Waters Balderson Davis, Rodney Hill Watson Coleman House, to its Members, and most of all Nadler Sewell Barr Dean Himes Napolitano Sherman Welch to the people we are here to represent. Barraga´ n DeFazio Hinson Neal Sherrill Wenstrup I thank all of our colleagues who Bass DeGette Hollingsworth Neguse Simpson Westerman helped craft the bills we are consid- Beatty DeLauro Horsford Nehls Sires Wexton Bentz DelBene Houlahan Newhouse Slotkin Wild ering today. I look forward to sup- Bera Delgado Hoyer Newman Smith (MO) Williams (GA) porting this rule, and I urge my col- Bergman Demings Hudson Norcross Smith (NE) Williams (TX) leagues to do the same. Beyer DeSaulnier Huffman Nunes Smith (NJ) Wilson (FL) Mr. Speaker, I urge a ‘‘yes’’ vote on Bice (OK) DesJarlais Huizenga O’Halleran Smith (WA) Wilson (SC) Bilirakis Deutch Issa Obernolte Smucker Wittman the rule and the previous question. Bishop (GA) Diaz-Balart Jackson Lee Ocasio-Cortez Soto Womack The material previously referred to Blumenauer Dingell Jacobs (CA) Omar Spanberger Yarmuth by Mrs. FISCHBACH is as follows: Blunt Rochester Doggett Jacobs (NY) Owens Spartz Young Bonamici Doyle, Michael Jayapal Pallone Speier Zeldin AMENDMENT TO HOUSE RESOLUTION 403 Bost F. Jeffries At the end of the resolution, add the fol- Bourdeaux Dunn Johnson (GA) NAYS—62 Bowman lowing: Emmer Johnson (OH) Aderholt Gaetz Mann Boyle, Brendan Escobar Johnson (SD) SEC. 6. Immediately upon adoption of this Allen Gohmert Massie F. Eshoo Johnson (TX) resolution, the House shall proceed to the Arrington Good (VA) McClintock Brady Espaillat Jones consideration in the House of the bill (H.R. Babin Gooden (TX) Miller (IL) 261) to impose sanctions with respect to for- Brown Estes Joyce (OH) Banks Gosar Brownley Evans Joyce (PA) Mooney eign support for Palestinian terrorism, and Biggs Green (TN) Moore (AL) Buchanan Fallon Kahele Bishop (NC) Greene (GA) for other purposes. All points of order Buck Feenstra Kaptur Norman against consideration of the bill are waived. Boebert Guest Palazzo Bucshon Ferguson Katko Brooks Harris Palmer The bill shall be considered as read. All Burgess Fischbach Keating Budd Harshbarger Perry points of order against provisions in the bill Bush Fitzgerald Keller Burchett Hern are waived. The previous question shall be Bustos Fitzpatrick Kelly (IL) Cammack Herrell Pfluger considered as ordered on the bill and on any Butterfield Fleischmann Kelly (PA) Carl Hice (GA) Rice (SC) Calvert Fletcher Khanna Rose amendment thereto to final passage without Cawthorn Higgins (LA) Carbajal Fortenberry Kildee Cloud Jackson Rosendale intervening motion except: (1) one hour of Ca´ rdenas Foster Kilmer Rouzer debate equally divided and controlled by the Clyde Johnson (LA) Carson Frankel, Lois Kim (CA) Cole Jordan Roy chair and ranking minority member of the Carter (LA) Franklin, C. Kim (NJ) Davidson Kelly (MS) Rutherford Committee on Foreign Affairs; and (2) one Carter (TX) Scott Kind Donalds LaMalfa Steube motion to recommit. Cartwright Fulcher Kinzinger Duncan Loudermilk Tiffany Case Gallagher Kirkpatrick SEC. 7. Clause l(c) of rule XIX shall not Foxx Mace Weber (TX) Casten Gallego Krishnamoorthi apply to the consideration of H.R. 261. Castor (FL) Garamendi Kuster NOT VOTING—3 Ms. SCANLON. I yield back the bal- Castro (TX) Garbarino Kustoff Carter (GA) Golden Webster (FL) ance of my time, and I move the pre- Chabot Garcia (CA) LaHood Cheney Garcı´a (IL) Lamb vious question on the resolution. b 1637 The SPEAKER pro tempore (Mr. Chu Garcia (TX) Lamborn Cicilline Gibbs Langevin Messrs. PALMER, HIGGINS of Lou- CUELLAR). The question is on ordering Clark (MA) Gimenez Larsen (WA) the previous question. Clarke (NY) Gomez Larson (CT) isiana, ROSE, and HERRELL changed The question was taken; and the Cleaver Gonzales, Tony Latta their vote from ‘‘yea’’ to ‘‘nay.’’ Speaker pro tempore announced that Cline Gonzalez (OH) LaTurner Mr. CLEAVER changed his vote from Clyburn Gonzalez, Lawrence the ayes appeared to have it. Cohen Vicente Lawson (FL) ‘‘nay’’ to ‘‘yea. Mrs. FISCHBACH. Mr. Speaker, on Comer Gottheimer Lee (CA) So (two-thirds being in the affirma- that I demand the yeas and nays. Connolly Granger Lee (NV) tive) the rules were suspended and the The SPEAKER pro tempore. Pursu- Cooper Graves (LA) Leger Fernandez bill was passed. Correa Graves (MO) Lesko ant to section 3(s) of House Resolution Costa Green, Al (TX) Letlow The result of the vote was announced 8, the yeas and nays are ordered. Courtney Griffith Levin (CA) as above recorded.

VerDate Sep 11 2014 04:07 May 19, 2021 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.069 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2480 CONGRESSIONAL RECORD — HOUSE May 18, 2021 A motion to reconsider was laid on Davids (KS) Kuster Quigley Latta Newhouse Smucker Davis, Danny K. Lamb Raskin LaTurner Norman Spartz the table. Dean Langevin Rice (NY) Lesko Nunes Stauber Stated for: DeFazio Larsen (WA) Ross Letlow Obernolte Steel Mr. COLE. Mr. Speaker, on rollcall No. 145, DeGette Larson (CT) Roybal-Allard Long Owens Stefanik I mistakenly voted ‘‘nay’’ when I intended to DeLauro Lawrence Ruiz Loudermilk Palazzo Steil DelBene Lawson (FL) Ruppersberger Lucas Palmer Steube vote ‘‘yea.’’ Delgado Lee (CA) Rush Luetkemeyer Pence Stewart MEMBERS RECORDED PURSUANT TO HOUSE Demings Lee (NV) Ryan Mace Perry Taylor RESOLUTION 8, 117TH CONGRESS DeSaulnier Leger Fernandez Sa´ nchez Malliotakis Pfluger Tenney Deutch Levin (CA) Sarbanes Mann Posey Thompson (PA) Allred (Wexton) Kirkpatrick Pascrell Dingell Levin (MI) Scanlon Massie Reed Tiffany Beatty (Kelly (Stanton) (Pallone) Doggett Lieu Schakowsky Mast Reschenthaler Timmons (IL)) Lawrence Payne (Pallone) Doyle, Michael Lofgren Schiff McCarthy Rice (SC) Turner Buchanan (Dunn) (Watson Ruppersberger F. Lowenthal Schneider McCaul Rodgers (WA) Upton ´ Cardenas Coleman) (Raskin) Escobar Luria Schrader McClain Rogers (AL) Valadao (Gallego) Lawson (FL) Rush Eshoo Lynch Schrier McClintock Rogers (KY) Van Drew Carter (TX) (Evans) (Underwood) Espaillat Malinowski Scott (VA) McHenry Rose Van Duyne (Calvert) Levin (MI) Sewell (DelBene) Evans Maloney, Scott, David McKinley Rosendale Wagner Crenshaw (Raskin) Slotkin (Axne) Fletcher Carolyn B. Sewell Meijer Rouzer Walberg (Pfluger) Lieu (Beyer) Stevens (Axne) Foster Maloney, Sean Sherman Meuser Roy Walorski DesJarlais Lowenthal Tlaib (Garcıá Frankel, Lois Manning Sherrill Miller (IL) Rutherford Waltz (Fleischmann) Gallego Matsui Sires Miller (WV) Salazar Weber (TX) Deutch (Rice (Beyer) (IL)) McEachin Waters Garamendi McBath Slotkin Miller-Meeks Scalise Wenstrup (NY)) ´ Moolenaar Schweikert Westerman (Wexton) (Barraga´ n) Garcıa (IL) McCollum Smith (WA) Dingell (Kuster) Garcia (TX) McEachin Soto Mooney Scott, Austin Williams (TX) McHenry (Banks) Wilson (FL) Frankel, Lois Gomez McGovern Spanberger Moore (AL) Sessions Wilson (SC) Napolitano (Hayes) (Clark (MA)) Gonzalez, McNerney Speier Moore (UT) Simpson Wittman ´ (Correa) Wilson (SC) Grijalva (Garcıa Vicente Meeks Stanton Mullin Smith (MO) Womack (IL)) Ocasio-Cortez (Timmons) Gottheimer Meng Stevens Murphy (NC) Smith (NE) Young Kildee (Kilmer) (Bush) Young (Mast) Green, Al (TX) Mfume Strickland Nehls Smith (NJ) Zeldin Grijalva Moore (WI) Suozzi f Harder (CA) Morelle Swalwell NOT VOTING—3 Hayes Moulton Takano Carter (GA) Golden Webster (FL) PROVIDING FOR CONSIDERATION Higgins (NY) Mrvan Thompson (CA) OF H.R. 1629, FAIRNESS IN OR- Himes Murphy (FL) Thompson (MS) b 1708 PHAN DRUG EXCLUSIVITY ACT; Horsford Nadler Titus Houlahan Napolitano Tlaib Mr. MURPHY of North Carolina PROVIDING FOR CONSIDERATION Hoyer Neal Tonko changed his vote from ‘‘yea’’ to ‘‘nay.’’ OF H.RES. 275, CONDEMNING THE Huffman Neguse Torres (CA) So the previous question was ordered. HORRIFIC SHOOTINGS IN AT- Jackson Lee Newman Torres (NY) Jacobs (CA) Norcross Trahan The result of the vote was announced LANTA, GEORGIA, ON MARCH 16, Jayapal O’Halleran Trone as above recorded. 2021; AND FOR OTHER PURPOSES Jeffries Ocasio-Cortez Underwood MEMBERS RECORDED PURSUANT TO HOUSE Johnson (GA) Omar Vargas RESOLUTION 8, 117TH CONGRESS The SPEAKER pro tempore. Pursu- Johnson (TX) Pallone Veasey ant to clause 8 of rule XX, the unfin- Jones Panetta Vela Allred (Wexton) Kirkpatrick Pascrell ished business is the vote on ordering Kahele Pappas Vela´ zquez Beatty (Kelly (Stanton) (Pallone) the previous question on the resolution Kaptur Pascrell Wasserman (IL)) Lawrence Payne (Pallone) Keating Payne Schultz Buchanan (Dunn) (Watson Ruppersberger (H. Res. 403) providing for consider- Kelly (IL) Perlmutter Waters Ca´ rdenas Coleman) (Raskin) ation of the bill (H.R. 1629) to amend Khanna Peters Watson Coleman (Gallego) Lawson (FL) Rush the Federal Food, Drug, and Cosmetic Kildee Phillips Welch Carter (TX) (Evans) (Underwood) Kilmer Pingree Wexton (Calvert) Levin (MI) Sewell (DelBene) Act with respect to limitations on ex- Crenshaw Kim (NJ) Pocan Wild (Raskin) Slotkin (Axne) clusive approval or licensure of orphan Kind Porter Williams (GA) (Pfluger) Lieu (Beyer) Stevens (Axne) Kirkpatrick Pressley Wilson (FL) DesJarlais drugs, and for other purposes; pro- Lowenthal Tlaib (Garcıá Krishnamoorthi Price (NC) Yarmuth (Fleischmann) viding for consideration of the resolu- Deutch (Rice (Beyer) (IL)) tion (H. Res. 275) condemning the hor- NAYS—209 (NY)) McEachin Waters rific shootings in Atlanta, Georgia, on Dingell (Kuster) (Wexton) (Barraga´ n) Aderholt Crawford Green (TN) March 16, 2021, and reaffirming the Frankel, Lois McHenry (Banks) Wilson (FL) Allen Crenshaw Greene (GA) (Clark (MA)) Napolitano (Hayes) House of Representative’s commitment Amodei Curtis Griffith Grijalva (Garcıá (Correa) Wilson (SC) to combating hate, bigotry, and vio- Armstrong Davidson Grothman (IL)) Ocasio-Cortez (Timmons) Arrington Davis, Rodney Guest Kildee (Kilmer) (Bush) Young (Mast) lence against the Asian-American and Babin DesJarlais Guthrie Pacific Islander community; and for Bacon Diaz-Balart Hagedorn The SPEAKER pro tempore. The other purposes, on which the yeas and Baird Donalds Harris question is on the resolution. nays were ordered. Balderson Duncan Harshbarger Banks Dunn Hartzler The question was taken; and the The Clerk read the title of the resolu- Barr Emmer Hern Speaker pro tempore announced that tion. Bentz Estes Herrell the ayes appeared to have it. The SPEAKER pro tempore. The Bergman Fallon Herrera Beutler Mr. BURGESS. Mr. Speaker, on that Bice (OK) Feenstra Hice (GA) question is on ordering the previous Biggs Ferguson Higgins (LA) I demand the yeas and nays. question. Bilirakis Fischbach Hill The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- Bishop (NC) Fitzgerald Hinson ant to section 3(s) of House Resolution vice, and there were—yeas 217, nays Boebert Fitzpatrick Hollingsworth Bost Fleischmann Hudson 8, the yeas and nays are ordered. 209, not voting 3, as follows: Brady Fortenberry Huizenga The vote was taken by electronic de- [Roll No. 146] Brooks Foxx Issa vice, and there were—yeas 212, nays Buchanan Franklin, C. Jackson 206, not voting 11, as follows: YEAS—217 Buck Scott Jacobs (NY) Adams Boyle, Brendan Chu Bucshon Fulcher Johnson (LA) [Roll No. 147] Aguilar F. Cicilline Budd Gaetz Johnson (OH) YEAS—212 Allred Brown Clark (MA) Burchett Gallagher Johnson (SD) Auchincloss Brownley Clarke (NY) Burgess Garbarino Jordan Adams Bourdeaux Cartwright Axne Bush Cleaver Calvert Garcia (CA) Joyce (OH) Aguilar Bowman Case Barraga´ n Bustos Clyburn Cammack Gibbs Joyce (PA) Allred Boyle, Brendan Casten Bass Butterfield Cohen Carl Gimenez Katko Auchincloss F. Castor (FL) Beatty Carbajal Connolly Carter (TX) Gohmert Keller Axne Brown Castro (TX) Bera Ca´ rdenas Cooper Cawthorn Gonzales, Tony Kelly (MS) Bass Brownley Chu Beyer Carson Correa Chabot Gonzalez (OH) Kelly (PA) Beatty Bush Cicilline Bishop (GA) Carter (LA) Costa Cheney Good (VA) Kim (CA) Bera Bustos Clark (MA) Blumenauer Cartwright Courtney Cline Gooden (TX) Kinzinger Beyer Butterfield Clarke (NY) Blunt Rochester Case Craig Cloud Gosar Kustoff Bishop (GA) Carbajal Cleaver Bonamici Casten Crist Clyde Granger LaHood Blumenauer Ca´ rdenas Clyburn Bourdeaux Castor (FL) Crow Cole Graves (LA) LaMalfa Blunt Rochester Carson Cohen Bowman Castro (TX) Cuellar Comer Graves (MO) Lamborn Bonamici Carter (LA) Connolly

VerDate Sep 11 2014 06:06 May 19, 2021 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.072 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2481 Cooper Kim (NJ) Price (NC) Kinzinger Moore (UT) Smith (NE) Whereas, at the time, White supremacy Correa Kind Quigley Kustoff Mullin Smith (NJ) and racist violence were common throughout Courtney Kirkpatrick Raskin LaHood Murphy (NC) Smucker the United States and went largely un- LaMalfa Nehls Spartz Craig Krishnamoorthi Rice (NY) checked by the justice system; Crist Kuster Lamborn Newhouse Stauber Ross Whereas reports of an alleged and disputed Crow Lamb Roybal-Allard Latta Norman Steel Cuellar Langevin Ruiz LaTurner Nunes Stefanik incident on the morning of May 30, 1921, be- Davids (KS) Larsen (WA) Ruppersberger Lesko Obernolte Steil tween two teenagers, a Black man and a Davis, Danny K. Larson (CT) Rush Letlow Owens Steube White woman, caused the White community Dean Lawrence Ryan Long Palazzo Stewart of Tulsa, including the Tulsa Tribune, to call Loudermilk DeFazio Lawson (FL) Sa´ nchez Palmer Taylor for a lynching amidst a climate of White ra- Lucas Pence Tenney DeGette Lee (CA) Sarbanes cial hostility and White resentment over DeLauro Lee (NV) Luetkemeyer Perry Thompson (PA) Scanlon DelBene Leger Fernandez Mace Pfluger Tiffany Black economic success; Schakowsky Delgado Levin (CA) Malliotakis Posey Timmons Whereas, on May 31, 1921, a mob of armed Schiff Demings Levin (MI) Mann Reed Upton White men descended upon Tulsa’s Green- DeSaulnier Lieu Schneider Massie Reschenthaler Valadao wood District and launched what is now Deutch Lofgren Schrader Mast Rice (SC) Van Drew Schrier known as the ‘‘Tulsa Race Massacre’’; Dingell Lowenthal McCarthy Rodgers (WA) Van Duyne Whereas Tulsa municipal and county au- Scott (VA) McCaul Rogers (AL) Wagner Doggett Luria thorities failed to take actions to calm or Doyle, Michael Lynch Scott, David McClain Rogers (KY) Walberg F. Malinowski Sewell McClintock Rose Walorski contain the violence, and civil and law en- Escobar Maloney, Sherman McHenry Rosendale Waltz forcement officials deputized many White Eshoo Carolyn B. Sherrill McKinley Rouzer Weber (TX) men who were participants in the violence as Espaillat Maloney, Sean Sires Meijer Roy Wenstrup their agents, directly contributing to the vi- Evans Manning Slotkin Meuser Rutherford Westerman olence through overt and often illegal acts; Fletcher Matsui Smith (WA) Miller (IL) Salazar Williams (TX) Whereas, over a period of 24 hours, the Miller (WV) Schweikert Wilson (SC) Foster McBath Soto White mob’s violence led to the death of an Frankel, Lois McCollum Spanberger Miller-Meeks Scott, Austin Wittman estimated 300 Black residents, as well as over Gallego McEachin Speier Moolenaar Sessions Womack Garcıá (IL) McGovern Stanton Mooney Simpson Young 800 reports of injuries; Garcia (TX) McNerney Stevens Moore (AL) Smith (MO) Zeldin Whereas the White mob looted, damaged, Gomez Meeks burned, or otherwise destroyed approxi- Strickland NOT VOTING—11 Gonzalez, Meng Suozzi mately 40 square blocks of the Greenwood Vicente Mfume Swalwell Barraga´ n Golden Turner district, including an estimated 1,256 homes Gottheimer Moore (WI) Takano Carter (GA) Higgins (LA) Waters of Black residents, as well as virtually every Green, Al (TX) Morelle Thompson (CA) Costa Murphy (FL) Webster (FL) Grijalva Moulton other structure, including churches, schools, Thompson (MS) Garamendi Scalise Harder (CA) Mrvan businesses, a hospital, and a library, leaving Titus Hayes Nadler b 1739 nearly 9,000 Black Tulsans homeless and ef- Tlaib Higgins (NY) Napolitano Tonko So the resolution was agreed to. fectively wiping out tens of millions of dol- Himes Neal Torres (CA) The result of the vote was announced lars in Black prosperity and wealth in Tulsa; Horsford Neguse Whereas, in the wake of the Tulsa Race Houlahan Newman Torres (NY) as above recorded. Massacre, the Governor of Oklahoma de- Hoyer Norcross Trahan Trone A motion to reconsider was laid on clared martial law, and units of the Okla- Huffman O’Halleran the table. Jackson Lee Ocasio-Cortez Underwood homa National Guard participated in the Jacobs (CA) Omar Vargas Stated for: mass arrests of all or nearly all of Green- Jayapal Pallone Veasey Ms. BARRAGA´ N. Mr. Speaker, had I been wood’s surviving residents, removing them Jeffries Panetta Vela present, I would have voted ‘‘yea’’ on rollcall from Greenwood to other parts of Tulsa and Johnson (GA) Pappas Vela´ zquez Wasserman No. 147. unlawfully detaining them in holding cen- Johnson (TX) Pascrell ters; Jones Payne Schultz Stated against: Kahele Perlmutter Watson Coleman Mr. TURNER. Mr. Speaker, I was unavoid- Whereas Oklahoma local and State govern- Kaptur Peters Welch ably detained. Had I been present, I would ments dismissed claims arising from the 1921 Keating Phillips Wexton Tulsa Race Massacre for decades, and the Kelly (IL) Pingree Wild have voted ‘‘nay’’ on rollcall No. 147. event was effectively erased from collective Khanna Pocan Williams (GA) MEMBERS RECORDED PURSUANT TO HOUSE memory and history until, in 1997, the Okla- Kildee Porter Wilson (FL) RESOLUTION 8, 117TH CONGRESS homa State Legislature finally created a Kilmer Pressley Yarmuth Allred (Wexton) Kildee (Kilmer) Ocasio-Cortez commission to study the event; Beatty (Kelly Kirkpatrick (Bush) Whereas, on February 28, 2001, the commis- NAYS—206 (IL)) (Stanton) Pascrell sion issued a report that detailed, for the Aderholt Cole Gosar Buchanan (Dunn) Lawrence (Pallone) first time, the extent of the Massacre and Ca´ rdenas Payne (Pallone) Allen Comer Granger (Watson decades-long efforts to suppress its recollec- Amodei Crawford Graves (LA) (Gallego) Coleman) Ruppersberger Armstrong Crenshaw Graves (MO) Carter (TX) (Raskin) tion; Lawson (FL) Whereas none of the law enforcement offi- Arrington Curtis Green (TN) (Calvert) (Evans) Rush Crenshaw (Underwood) Babin Davidson Greene (GA) Levin (MI) cials nor any of the hundreds of other White (Pfluger) Sewell (DelBene) Bacon Davis, Rodney Griffith (Raskin) mob members who participated in the vio- DesJarlais Slotkin (Axne) Baird DesJarlais Grothman Lieu (Beyer) lence were ever prosecuted or held account- Balderson Diaz-Balart Guest (Fleischmann) Stevens (Axne) Lowenthal able for the hundreds of lives lost and tens of Banks Donalds Guthrie Deutch (Rice Tlaib (Garcıá (Beyer) millions of dollars of Black wealth de- Barr Duncan Hagedorn (NY)) (IL)) McEachin Bentz Dunn Harris Dingell (Kuster) Wilson (FL) stroyed, despite the Tulsa Race Massacre Bergman Emmer Harshbarger Frankel, Lois (Wexton) (Hayes) Commission confirming their roles in the Bice (OK) Estes Hartzler (Clark (MA)) McHenry (Banks) Wilson (SC) Massacre, nor was any compensation ever Biggs Fallon Hern Grijalva (Garcıá Napolitano (Timmons) provided to the Massacre’s victims or their Bilirakis Feenstra Herrell (IL)) (Correa) Young (Mast) descendants; Bishop (NC) Ferguson Herrera Beutler f Whereas government and city officials not Boebert Fischbach Hice (GA) only abdicated their responsibility to rebuild Bost Fitzgerald Hill RECOGNIZING THE FORTHCOMING and repair the Greenwood community in the Brady Fitzpatrick Hinson CENTENNIAL OF THE 1921 TULSA Brooks Fleischmann Hollingsworth wake of the violence, but actively blocked Buchanan Fortenberry Hudson RACE MASSACRE efforts to do so, contributing to continued Buck Foxx Huizenga The SPEAKER pro tempore. Pursu- racial disparities in Tulsa akin to those that Bucshon Franklin, C. Issa Black people face across the United States; Budd Scott Jackson ant to section 3 of House Resolution 403, House Resolution 398 is hereby Whereas the pattern of violence against Burchett Fulcher Jacobs (NY) Black people in the United States, often at Burgess Gaetz Johnson (LA) adopted. The text of H. Res. 398 is as the hands of law enforcement, shows that Calvert Gallagher Johnson (OH) follows: Cammack Garbarino Johnson (SD) the fight to end State-sanctioned violence Carl Garcia (CA) Jordan H. RES. 398 against Black people continues; and Carter (TX) Gibbs Joyce (OH) Whereas, in the early 20th century, de jure Whereas the year 2021 marks the 100th an- Cawthorn Gimenez Joyce (PA) segregation confined Tulsa’s Black residents niversary of the Tulsa Race Massacre: Now, Chabot Gohmert Katko therefore, be it Cheney Gonzales, Tony Keller into the ‘‘Greenwood District’’, which they Cline Gonzalez (OH) Kelly (MS) built into a thriving community with a na- Resolved, That it is the sense of the House Cloud Good (VA) Kelly (PA) tionally renowned entrepreneurial center of Representatives that the United States Clyde Gooden (TX) Kim (CA) known as the ‘‘Black Wall Street’’; can achieve a more perfect union—

VerDate Sep 11 2014 07:11 May 19, 2021 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.021 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2482 CONGRESSIONAL RECORD — HOUSE May 18, 2021 (1) by condemning the violence and de- year pilot program to award grants to highly Sec. 7. Cultural and institutional barriers to struction perpetrated against the African- qualified early-career investigators to carry expanding the academic and American community of Greenwood, in out an independent research program at the Federal STEM workforce. Tulsa, Oklahoma, the scene of the then-larg- qualified institution of higher education cho- Sec. 8. Research and dissemination at the est single instance of domestic terror against sen by such investigator, to last for a period National Science Foundation. American citizens; not greater than 2 years. Sec. 9. Research and related activities to ex- (2) through the rejection and active opposi- (b) SELECTION PROCESS.—The Director of pand STEM opportunities. tion to the false ideology of White suprem- the National Science Foundation shall select Sec. 10. Tribal Colleges and Universities acy and condemnation of all groups and or- grantees under subsection (a) from among Program. ganizations that ascribe to this false system citizens, nationals, and lawfully admitted Sec. 11. Report to Congress. of belief and seek to perpetuate their views permanent resident aliens of the United Sec. 12. Merit review. through violence and unlawful conduct; Sec. 13. Determination of budgetary effects. States. Sec. 14. Definitions. (3) by promoting tolerance and unity and (c) OUTREACH.—The Director shall conduct (c) FINDINGS.—The Congress finds the fol- taking actions to ensure that governmental program outreach to recruit fellowship ap- lowing: policies and actions do not foster division, plicants— (1) Many reports over the past decade have disharmony, or intolerance; (1) from all regions of the country; found that it is critical to our Nation’s eco- (4) by calling upon all Americans to cele- (2) from historically underrepresented pop- nomic leadership and global competitiveness brate the ethnic, racial, and religious diver- ulations in the fields of science, technology, that the United States educates and trains sity that has made the United States the engineering, and mathematics; and more scientists and engineers. leader of the community of nations and the (3) who graduate from or intend to carry (2) Research shows that women and mi- beacon of hope and inspiration to oppressed out research at a variety of types of institu- norities who are interested in STEM careers persons everywhere; tions of higher education, including— are disproportionately lost at nearly every (5) encouraging all persons in the United (A) Historically Black Colleges and Univer- educational transition and at every career States to reflect upon the history of the sities; milestone. United States as an imperfect but committed (B) Hispanic-Serving Institutions; (3) The National Center for Science and journey to establish a more perfect union (C) Tribal Colleges and Universities; and and to cherish and exercise the rights, privi- Engineering Statistics at the National (D) institutions of higher education that Science Foundation collects, compiles, ana- leges, and responsibilities guaranteed by the are not among the top 50 institutions in an- Constitution; and lyzes, and publishes data on the demo- nual Federal funding for research. graphics of STEM degrees and STEM jobs in (6) recognizes the commitment of Congress PECIAL CONSIDERATION.—The Director (d) S the United States. to acknowledge and learn from the history of shall give special consideration to an appli- (4) Women now earn nearly 37 percent of racism and racial violence in the United cation from an individual who graduated all STEM bachelor’s degrees, but major vari- States, including the Tulsa Race Massacre, from or is intending to carry out research at ations persist among fields. In 2017, women to reverse the legacy of White supremacy an institution of the type listed in sub- earned only 20 percent of all bachelor’s de- and fight for racial justice. section (c)(3). grees awarded in engineering and 19 percent (e) REPORT.—Not later than 90 days after f of bachelor’s degrees awarded in computer the conclusion of the second year of the pilot sciences. Based on Bureau of Labor Statis- MOTION TO SUSPEND THE RULES program, the Director shall submit a report tics data, jobs in computing occupations are AND PASS CERTAIN BILLS to Congress that includes— expected to account for nearly 60 percent of (1) statistical summary data on fellowship Mr. HOYER. Mr. Speaker, pursuant the projected annual growth of newly cre- awardees disaggregated by race, ethnicity, to section 5 of House Resolution 403, I ated STEM job openings from 2016 to 2026. gender, age, years since completion of doc- move to suspend the rules and pass (5) In 2017, underrepresented minority toral degree, and institution type; groups comprised 39 percent of the college- H.R. 144, H.R. 204, H.R. 210, H.R. 240, (2) an assessment, drawing on feedback age population of the United States, but only H.R. 707, H.R. 711, H.R. 1157, H.R. 1447, from the research community and other 18 percent of students who earned bachelor’s H.R. 1510, H.R. 1711, H.R. 2027, H.R. 2167, sources of information, of the effectiveness degrees in STEM fields. The Higher Edu- H.R. 2441, H.R. 2494, H.R. 2533, H.R. 2655, of the pilot program for mitigating the loss cation Research Institute at the University H.R. 2695, H.R. 2704, H.R. 2788, H.R. 2878, of research talent due to the pandemic; and of California, Los Angeles, found that, while (3) if determined effective, a plan for per- and H.R. 3008. freshmen from underrepresented minority manent implementation of the pilot pro- The Clerk read the title of the bills. groups express an interest in pursuing a gram. The text of the bills are as follows: STEM undergraduate degree at the same (f) QUALIFIED INSTITUTION OF HIGHER EDU- SUPPORTING EARLY-CAREER RESEARCHERS ACT rate as all other freshmen, only 22.1 percent CATION DEFINED.—The term ‘‘qualified insti- H.R. 144 tution of higher education’’ has the meaning of Latino students, 18.4 percent of African- Be it enacted by the Senate and House of Rep- given the term in section 102 of the Higher American students, and 18.8 percent of Na- resentatives of the United States of America in Education of Act of 1965, except that such tive American students studying in STEM Congress assembled, term does not include an institution de- fields complete their degree within 5 years, SECTION 1. SHORT TITLE. scribed in subsection (a)(1)(C) of such sec- compared to approximately 33 percent of This Act may be cited as the ‘‘Supporting tion. White students and 42 percent of Asian stu- Early-Career Researchers Act’’. dents who complete their degree within 5 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. years. SEC. 2. FINDINGS. There is authorized to be appropriated to Congress finds the following: (6) In some STEM fields, including the the Director of the National Science Founda- (1) The Nation’s universities and industrial computer sciences, women persist at about tion $250,000,000 for each of fiscal years 2021 research labs are facing unprecedented budg- the same rate through doctorate degrees. In through 2022 to carry out the activities in et pressure as part of the COVID–19 health other STEM fields, women persist through this Act. crisis, resulting in considerably fewer open- doctorate degrees at a lower rate. In mathe- ings for research and teaching positions. STEM OPPORTUNITIES ACT matics, women earn just 26 percent of doc- (2) Emergency funding is needed to fore- H.R. 204 torate degrees compared with 42 percent of stall the loss of research talent likely to Be it enacted by the Senate and House of Rep- undergraduate degrees. Overall, women occur if early-career researchers are forced resentatives of the United States of America in earned 38 percent of STEM doctorate degrees to seek employment outside of research due Congress assembled, in 2016. The rate of minority students earn- to the sharp economic decline caused by the SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ing STEM doctorate degrees in physics is 9 COVID–19 health crisis. FINDINGS. percent, compared with 15 percent for bach- (3) The future of America’s defense will (a) SHORT TITLE.—This Act may be cited as elor’s degree. Students from underrep- rely on advanced technologies to maintain the ‘‘STEM Opportunities Act’’. resented minority groups accounted for only its military superiority over its rivals, in- (b) TABLE OF CONTENTS.—The table of con- 11.5 percent of STEM doctorate degrees cluding China. These technologies will re- tents for this Act is as follows: awarded in 2016. quire new levels of scientific and engineering Sec. 1. Short title; table of contents; find- (7) The representation of women in STEM aptitude and understanding. Early career re- ings. drops significantly from the doctorate de- searchers will play a critical role in the de- Sec. 2. Purposes. gree level to the faculty level. Overall, velopment of these technologies, and the loss Sec. 3. Federal science agency policies for women hold only 26 percent of all tenured of an entire generation of researchers due to caregivers. and tenure-track positions and 27 percent of the COVID–19 pandemic will be detrimental Sec. 4. Collection and reporting of data on full professor positions in STEM fields in our to the United States national security. Federal research grants. Nation’s universities and 4-year colleges. SEC. 3. EARLY-CAREER RESEARCH FELLOWSHIP Sec. 5. Policies for review of Federal re- Black and Hispanic faculty together hold PROGRAM. search grants. about 6.8 percent of all tenured and tenure- (a) IN GENERAL.—The Director of the Na- Sec. 6. Collection of data on demographics track positions and 7.5 percent of full pro- tional Science Foundation may establish a 2- of faculty. fessor positions. Many of the numbers in the

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Even in the biological sciences, in women in STEM fields continues and to en- (D) any other appropriate accommodations which women now earn more than 50 percent sure that it is not due to discrimination; and at the discretion of the director of each such of the doctorates and passed the 25 percent (B) provides guidance that is usable by all agency. level 37 years ago, women make up only 25 institutions of higher education receiving (b) UNIFORMITY OF GUIDANCE.—In providing percent of the full professors at the approxi- significant Federal research funding on how guidance under subsection (a), the Director mately 100 most research-intensive univer- to conduct meaningful self-evaluations of shall encourage uniformity and consistency sities in the United States. In the physical campus culture and policies. in the policies established pursuant to such sciences and mathematics, women make up (16) The Federal Government provides 55 guidance across all Federal science agencies. only 11 percent of full professors, in com- percent of research funding at institutions of (c) ESTABLISHMENT OF POLICIES.—Con- puter sciences only 10 percent, and across en- higher education and, through its grant- sistent with the guidance under subsection gineering fields only 7 percent. The data sug- making policies, has had significant influ- (a), Federal science agencies shall— gest that approximately 6 percent of all ten- ence on institution of higher education poli- (1) maintain or develop and implement ure-track STEM faculty members at the cies, including policies related to institu- policies for individuals described in para- most research-intensive universities are tional culture and structure. graph (1)(B) of such subsection; and from underrepresented minority groups, but SEC. 2. PURPOSES. (2) broadly disseminate such policies to in some fields the numbers are too small to The purposes of this Act are as follows: current and potential grantees. report publicly. (1) To ensure that Federal science agencies (d) DATA ON USAGE.—Federal science agen- (9) By 2050, underrepresented minorities and institutions of higher education receiv- cies shall— will comprise 52 percent of the college-age ing Federal research and development fund- (1) collect data on the usage of the policies population of the United States. If the per- ing are fully engaging the entire talent pool under subsection (c), by gender, at both in- centage of female students and students of the United States. stitutions of higher education and Federal from underrepresented minority groups earn- (2) To promote research on, and increase laboratories; and ing bachelor’s degrees in STEM fields does understanding of, the participation and tra- (2) report such data on an annual basis to not significantly increase, the United States jectories of women, minorities, and other the Director in such form as required by the will face an acute shortfall in the overall groups historically underrepresented in Director. number of students who earn degrees in STEM studies and careers, including persons SEC. 4. COLLECTION AND REPORTING OF DATA STEM fields just as United States companies with disabilities, older learners, veterans, ON FEDERAL RESEARCH GRANTS. are increasingly seeking students with those and rural, poor, and tribal populations, at in- (a) COLLECTION OF DATA.— skills. With this impending shortfall, the stitutions of higher education and Federal (1) IN GENERAL.—Each Federal science United States will almost certainly lose its science agencies, including Federal labora- agency shall collect, as practicable, with re- competitive edge in the 21st century global tories. spect to all applications for merit-reviewed economy. (3) To raise awareness within Federal research and development grants to institu- (10) According to a 2014 Association for science agencies, including Federal laborations of higher education and Federal labora- Women in Science survey of over 4,000 sci- tories, and institutions of higher education tories supported by that agency, the stand- entists across the globe, 70 percent of whom about cultural and institutional barriers ardized record-level annual information on were men, STEM researchers face significant limiting the recruitment, retention, pro- demographics, primary field, award type, in- challenges in work-life integration. Re- motion, and other indicators of participation stitution type, review rating, budget request, searchers in the United States were among and achievement of women, minorities, and funding outcome, and awarded budget. the most likely to experience a conflict be- other groups historically underrepresented (2) UNIFORMITY AND STANDARDIZATION.—The tween work and their personal life at least in academic and Government STEM research Director, in consultation with the Director weekly. One-third of researchers surveyed careers at all levels. of the National Science Foundation, shall es- said that ensuring good work-life integration (4) To identify, disseminate, and imple- tablish a policy to ensure uniformity and has negatively impacted their careers, and, ment best practices at Federal science agen- standardization of the data collection re- of researchers intending to leave their cur- cies, including Federal laboratories, and at quired under paragraph (1). rent job within the next year, 9 percent indi- institutions of higher education to remove or (3) RECORD-LEVEL DATA.— cated it was because they were unable to bal- reduce cultural and institutional barriers (A) REQUIREMENT.—Beginning not later ance work and life demands. limiting the recruitment, retention, and suc- than 2 years after the date of the enactment (11) Female students and students from cess of women, minorities, and other groups of this Act, and on an annual basis there- underrepresented minority groups at institu- historically underrepresented in academic after, each Federal science agency shall sub- tions of higher education who see few others and Government STEM research careers. mit to the Director of the National Science ‘‘like themselves’’ among faculty and stu- (5) To provide grants to institutions of Foundation record-level data collected under dent populations often do not experience the higher education to recruit, retain, and ad- paragraph (1) in the form required by such social integration that is necessary for suc- vance STEM faculty members from under- Director. cess in all disciplines, including STEM. represented minority groups and to imple- (B) PREVIOUS DATA.—As part of the first (12) One in five children in the United ment or expand reforms in undergraduate submission under subparagraph (A), each States attend school in a rural community. STEM education in order to increase the Federal science agency, to the extent prac- The data shows that rural students are at a number of students from underrepresented ticable, shall also submit comparable record- disadvantage with respect to STEM readi- minority groups receiving degrees in these level data for the 5 years preceding the date ness. Among STEM-interested students, 17 fields. of such submission. percent of students in rural high schools and SEC. 3. FEDERAL SCIENCE AGENCY POLICIES (b) REPORTING OF DATA.—The Director of 18 percent of students in town-located high FOR CAREGIVERS. the National Science Foundation shall pub- schools meet the ACT STEM Benchmark, (a) OSTP GUIDANCE.—Not later than 6 lish statistical summary data, as prac- compared with 33 percent of students in sub- months after the date of enactment of this ticable, collected under this section, urban high schools and 27 percent of students Act, the Director, in consultation with rel- disaggregated and cross-tabulated by race, in urban high schools. evant agencies, shall provide guidance to ethnicity, gender, and years since comple- (13) A substantial body of evidence estab- each Federal science agency to establish tion of doctoral degree, including in conjunc- lishes that most people hold implicit biases. policies that— tion with the National Science Foundation’s Decades of cognitive psychology research re- (1) apply to all— report required by section 37 of the Science veal that most people carry prejudices of (A) research awards granted by such agen- and Technology Equal Opportunities Act (42 which they are unaware but that nonetheless cy; and U.S.C. 1885d; Public Law 96–516). play a large role in evaluations of people and (B) principal investigators of such research SEC. 5. POLICIES FOR REVIEW OF FEDERAL RE- their work. Unintentional biases and out- and their trainees, including postdoctoral re- SEARCH GRANTS. moded institutional structures are hindering searchers and graduate students, who have (a) IN GENERAL.—Each Federal science the access and advancement of women, mi- caregiving responsibilities, including care agency shall implement the policy rec- norities, and other groups historically under- for a newborn or newly adopted child and ommendations with respect to reducing the represented in STEM. care for an immediate family member who is impact of implicit bias at Federal science (14) Workshops held to educate faculty sick or disabled; and agencies and grantee institutions as devel- about unintentional biases have dem- (2) provide— oped by the Office of Science and Technology

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Policy in the 2016 report entitled ‘‘Reducing through 2024 to develop and carry out the (3) MINIMIZING COSTS.—To the extent prac- the Impact of Bias in the STEM Workforce’’ initial survey required under subsection (a). ticable, workshops shall be held in conjunc- and any subsequent updates. SEC. 7. CULTURAL AND INSTITUTIONAL BAR- tion with national or regional STEM dis- (b) PILOT ACTIVITY.—In consultation with RIERS TO EXPANDING THE ACA- ciplinary meetings to minimize costs associ- the National Science Foundation and con- DEMIC AND FEDERAL STEM WORK- ated with participant travel. sistent with policy recommendations ref- FORCE. (4) PRIORITY FIELDS FOR ACADEMIC PARTICI- erenced in subsection (a), each Federal (a) BEST PRACTICES AT INSTITUTIONS OF PANTS.—In considering the participation of science agency shall implement a 2-year HIGHER EDUCATION AND FEDERAL LABORA- STEM department chairs and other aca- pilot orientation activity for program offi- TORIES.— demic researchers, the Director shall cers and members of standing review com- (1) DEVELOPMENT OF GUIDANCE.—Not later prioritize workshops for the broad fields of mittees to educate reviewers on research re- than 12 months after the date of enactment STEM in which the national rate of rep- lated to, and minimize the effects of, im- of this Act, the Director, in consultation resentation of women among tenured or ten- plicit bias in the review of extramural and with the interagency working group on in- ure-track faculty or nonfaculty researchers intramural Federal research grants. clusion in STEM, shall develop written guid- at doctorate-granting institutions of higher (c) ESTABLISHMENT OF POLICIES.—Drawing ance for institutions of higher education and education is less than 25 percent, according upon lessons learned from the pilot activity Federal laboratories on the best practices to the most recent data available from the under subsection (b), each Federal science for— National Center for Science and Engineering agency shall maintain or develop and imple- (A) conducting periodic climate surveys of Statistics. ment evidence-based policies and practices STEM departments and divisions, with a par- (5) ORGANIZATIONS ELIGIBLE TO CARRY OUT to minimize the effects of implicit bias in ticular focus on identifying any cultural or WORKSHOPS.—A Federal science agency may the review of extramural and intramural institutional barriers to the recruitment, re- carry out the program of workshops under Federal research grants. tention, or advancement of women, racial this subsection by making grants to organi- (d) ASSESSMENT OF POLICIES.—Federal and ethnic minorities, and other groups his- zations made eligible by the Federal science science agencies shall regularly assess, and torically underrepresented in STEM studies agency and any of the following organiza- amend as necessary, the policies and prac- and careers; and tions: tices implemented pursuant to subsection (c) (B) providing educational opportunities, (A) Nonprofit scientific and professional to ensure effective measures are in place to including workshops as described in sub- societies and organizations that represent minimize the effects of implicit bias in the section (b), for STEM faculty, research per- one or more STEM disciplines. review of extramural and intramural Federal sonnel, and administrators to learn about (B) Nonprofit organizations that have the research grants. current research on implicit bias in recruit- primary mission of advancing the participa- SEC. 6. COLLECTION OF DATA ON DEMO- ment, evaluation, and promotion of under- tion of women, minorities, or other groups GRAPHICS OF FACULTY. graduate and graduate students and research historically underrepresented in STEM. (a) COLLECTION OF DATA.— personnel. (6) CHARACTERISTICS OF WORKSHOPS.—The (1) IN GENERAL.—Not later than 3 years (2) EXISTING GUIDANCE.—In developing the workshops shall have the following charac- after the date of enactment of this Act, and guidance under paragraph (1), the Director teristics: at least every 5 years thereafter, the Direc- shall utilize guidance already developed by (A) Invitees to workshops shall include at tor of the National Science Foundation shall Federal science agencies. least— carry out a survey to collect data from (3) DISSEMINATION OF GUIDANCE.—Federal (i) the chairs of departments in the rel- grantees on the demographics of STEM fac- science agencies shall broadly disseminate evant STEM discipline or disciplines from ulty, by broad fields of STEM, at different the guidance developed under paragraph (1) doctoral degree granting institutions that types of institutions of higher education. to institutions of higher education that re- receive Federal research funding; and (2) CONSIDERATIONS.—To the extent prac- ceive Federal research funding and Federal (ii) in the case of Federal laboratories, in- ticable, the Director of the National Science laboratories. dividuals with personnel management re- Foundation shall consider, by gender, race, (4) ESTABLISHMENT OF POLICIES.—Con- sponsibilities comparable to those of an in- ethnicity, citizenship status, and years since sistent with the guidance developed under stitution of higher education department completion of doctoral degree— paragraph (1)— chair. (A) the number and percentage of faculty; (A) the Director of the National Science (B) Activities at the workshops shall in- (B) the number and percentage of faculty Foundation shall develop a policy that— clude research presentations and interactive at each rank; (i) applies to, at a minimum, doctoral de- discussions or other activities that increase (C) the number and percentage of faculty gree granting institutions that receive Fed- the awareness of the existence of implicit who are in nontenure-track positions, in- eral research funding; and bias in recruitment, hiring, tenure review, cluding teaching and research; (ii) requires each such institution, not promotion, and other forms of formal rec- (D) the number and percentage of faculty later than 3 years after the date of enact- ognition of individual achievement for fac- who are reviewed for promotion, including ment of this Act, to report to the Director of ulty and other federally funded STEM re- tenure, and the percentage of that number the National Science Foundation on activi- searchers and shall provide strategies to who are promoted, including being awarded ties and policies developed and implemented overcome such bias. tenure; based on the guidance developed under para- (C) Research presentations and other work- (E) faculty years in rank; graph (1); and shop programs, as appropriate, shall include (F) the number and percentage of faculty (B) each Federal science agency with a a discussion of the unique challenges faced to leave tenure-track positions; Federal laboratory shall maintain or develop by different underrepresented groups, includ- (G) the number and percentage of faculty and implement practices and policies for the ing minority women, minority men, persons hired, by rank; and purposes described in paragraph (1) for such from rural and underserved areas, persons (H) the number and percentage of faculty laboratory. with disabilities, gender and sexual minority in leadership positions. (b) WORKSHOPS TO ADDRESS CULTURAL BAR- individuals, and first generation graduates in (b) EXISTING SURVEYS.—The Director of the RIERS TO EXPANDING THE ACADEMIC AND FED- research. National Science Foundation, may, in modi- ERAL STEM WORKFORCE.— (D) Workshop programs shall include infor- fying or expanding existing Federal surveys (1) IN GENERAL.—Not later than 6 months mation on best practices for mentoring un- of higher education (as necessary)— after the date of enactment of this Act, the dergraduate, graduate, and postdoctoral (1) take into account the considerations Director, in consultation with the inter- women, minorities, and other students from under subsection (a)(2) by collaborating with agency working group on inclusion in STEM, groups historically underrepresented in statistical centers at other Federal agencies; shall recommend a uniform policy for Fed- STEM. or eral science agencies to carry out a program (7) DATA ON WORKSHOPS.—Any proposal for (2) award a grant or contract to an institu- of workshops that educate STEM depart- funding by an organization seeking to carry tion of higher education or other nonprofit ment chairs at institutions of higher edu- out a workshop under this subsection shall organization to take such considerations cation, senior managers at Federal labora- include a description of how such organiza- into account. tories, and other federally funded research- tion will— (c) REPORTING DATA.—The Director of the ers about methods that minimize the effects (A) collect data on the rates of attendance National Science Foundation shall publish of implicit bias in the career advancement, by invitees in workshops, including informa- statistical summary data collected under including hiring, tenure, promotion, and se- tion on the home institution and department this section, including as part of the Na- lection for any honor based in part on the re- of attendees, and the rank of faculty tional Science Foundation’s report required cipient’s research record, of academic and attendees; by section 37 of the Science and Technology Federal STEM researchers. (B) conduct attitudinal surveys on work- Equal Opportunities Act (42 U.S.C. 1885d; (2) INTERAGENCY COORDINATION.—The Direc- shop attendees before and after the work- Public Law 96–516). tor shall, to the extent practicable, ensure shops; and (d) AUTHORIZATION OF APPROPRIATIONS.— that workshops supported under this sub- (C) collect follow-up data on any relevant There are authorized to be appropriated to section are coordinated across Federal institutional policy or practice changes re- the Director of the National Science Founda- science agencies and jointly supported as ap- ported by attendees not later than 1 year tion $3,000,000 in each of fiscal years 2022 propriate. after attendance in such a workshop.

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(8) REPORT TO NSF.—Organizations receiv- ‘‘(A) institutional assessment activities, retention, and advancement of faculty mem- ing funding to carry out workshops under such as data analyses and policy review, in bers from underrepresented minority groups; this subsection shall report the data required order to identify and address specific issues ‘‘(iii) the likelihood that the institution of in paragraph (7) to the Director of the Na- in the recruitment, retention, and advance- higher education will sustain or expand the tional Science Foundation in such form as ment of faculty members from underrep- proposed reform effort beyond the period of required by such Director. resented minority groups; the grant; and (c) REPORT TO CONGRESS.—Not later than 4 ‘‘(B) implementation of institution-wide ‘‘(iv) the degree to which evaluation and years after the date of enactment of this improvements in workload distribution, such assessment plans are included in the design Act, the Director of the National Science that faculty members from underrepresented of the proposed reform effort. Foundation shall submit a report to Con- minority groups are not disadvantaged in ‘‘(C) GRANT DISTRIBUTION.—The Director of gress that includes— the amount of time available to focus on re- the Foundation shall ensure, to the extent (1) a summary and analysis of the types search, publishing papers, and engaging in practicable, that grants awarded under this and frequency of activities and policies de- other activities required to achieve tenure section are made to a variety of types of in- veloped and carried out under subsection (a) status and run a productive research pro- stitutions of higher education. based on the reports submitted under para- gram; ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— graph (4) of such subsection; and ‘‘(C) development and implementation of There are authorized to be appropriated to (2) a description and evaluation of the sta- training courses for administrators and carry out this subsection $8,000,000 for each tus and effectiveness of the program of work- search committee members to ensure that of fiscal years 2022 through 2026.’’. shops required under subsection (b), includ- (b) NATIONAL SCIENCE FOUNDATION SUPPORT candidates from underrepresented minority ing a summary of any data reported under FOR BROADENING PARTICIPATION IN UNDER- groups are not subject to implicit biases in paragraph (8) of such subsection. GRADUATE STEM EDUCATION.—Section 305 of (d) AUTHORIZATION OF APPROPRIATIONS.— the search and hiring process; the American Innovation and Competitive- There are authorized to be appropriated to ‘‘(D) development and hosting of intra- or ness Act (42 U.S.C. 1862s–5), as amended by the Director of the National Science Founda- inter-institutional workshops to propagate subsection (b), is further amended by insert- tion $1,000,000 in each of fiscal years 2022 best practices in recruiting, retaining, and ing after subsection (e) the following: through 2026 to carry out this section. advancing faculty members from underrep- ‘‘(f) SUPPORT FOR BROADENING PARTICIPA- SEC. 8. RESEARCH AND DISSEMINATION AT THE resented minority groups; TION IN UNDERGRADUATE STEM EDUCATION.— NATIONAL SCIENCE FOUNDATION. ‘‘(E) professional development opportuni- ‘‘(1) IN GENERAL.—The Director of the (a) IN GENERAL.—The Director of the Na- ties for faculty members from underrep- Foundation shall award grants to institutional Science Foundation shall award re- resented minority groups; tions of higher education (or a consortium of search grants and carry out dissemination ‘‘(F) activities aimed at making under- such institutions) to implement or expand activities consistent with the purposes of graduate STEM students from underrep- research-based reforms in undergraduate this Act, including— resented minority groups aware of opportu- STEM education for the purpose of recruit- (1) research grants to analyze the record- nities for academic careers in STEM fields; ing and retaining students from minority level data collected under section 4 and sec- ‘‘(G) activities to identify and engage ex- groups who are underrepresented in STEM tion 6, consistent with policies to ensure the ceptional graduate students and postdoctoral fields. privacy of individuals identifiable by such researchers from underrepresented minority ‘‘(2) MERIT REVIEW; COMPETITION.—Grants data; groups at various stages of their studies and shall be awarded under this subsection on a (2) research grants to study best practices to encourage them to enter academic ca- merit-reviewed, competitive basis. for work-life accommodation; reers; and ‘‘(3) USE OF FUNDS.—Activities supported (3) research grants to study the impact of ‘‘(H) other activities consistent with para- by grants under this subsection may in- policies and practices that are implemented graph (1), as determined by the Director of clude— under this Act or that are otherwise con- the Foundation. ‘‘(A) implementation or expansion of inno- sistent with the purposes of this Act; ‘‘(4) SELECTION PROCESS.— vative, research-based approaches to broaden (4) collaboration with other Federal ‘‘(A) APPLICATION.—An institution of high- participation of underrepresented minority science agencies and professional associa- er education (or a consortium of such insti- groups in STEM fields; tions to exchange best practices, harmonize tutions) seeking funding under this sub- ‘‘(B) implementation or expansion of work-life accommodation policies and prac- section shall submit an application to the bridge, cohort, tutoring, or mentoring pro- tices, and overcome common barriers to Director of the Foundation at such time, in grams, including those involving community work-life accommodation; and such manner, and containing such informa- colleges and technical schools, designed to (5) collaboration with institutions of high- tion and assurances as such Director may re- enhance the recruitment and retention of er education in order to clarify and catalyze quire. The application shall include, at a students from underrepresented minority the adoption of a coherent and consistent set minimum, a description of— groups in STEM fields; of work-life accommodation policies and ‘‘(i) the reform effort that is being pro- ‘‘(C) implementation or expansion of out- practices. posed for implementation by the institution reach programs linking institutions of high- (b) AUTHORIZATION OF APPROPRIATIONS.— of higher education; er education and K–12 school systems in There are authorized to be appropriated to ‘‘(ii) any available evidence of specific dif- order to heighten awareness among pre-col- the Director of the National Science Founda- ficulties in the recruitment, retention, and lege students from underrepresented minor- tion $5,000,000 in each of fiscal years 2022 advancement of faculty members from ity groups of opportunities in college-level through 2026 to carry out this section. underrepresented minority groups in STEM STEM fields and STEM careers; SEC. 9. RESEARCH AND RELATED ACTIVITIES TO academic careers within the institution of ‘‘(D) implementation or expansion of fac- EXPAND STEM OPPORTUNITIES. higher education submitting an application, ulty development programs focused on im- (a) NATIONAL SCIENCE FOUNDATION SUPPORT and how the proposed reform effort would ad- proving retention of undergraduate STEM FOR INCREASING DIVERSITY AMONG STEM FAC- ULTY AT INSTITUTIONS OF HIGHER EDU- dress such issues; students from underrepresented minority CATION.—Section 305 of the American Innova- ‘‘(iii) how the institution of higher edu- groups; tion and Competitiveness Act (42 U.S.C. cation submitting an application plans to ‘‘(E) implementation or expansion of mech- 1862s–5) is amended— sustain the proposed reform effort beyond anisms designed to recognize and reward fac- (1) by redesignating subsections (e) and (f) the duration of the grant; and ulty members who demonstrate a commit- as subsections (g) and (h), respectively; and ‘‘(iv) how the success and effectiveness of ment to increasing the participation of stu- (2) by inserting after subsection (d) the fol- the proposed reform effort will be evaluated dents from underrepresented minority lowing: and assessed in order to contribute to the na- groups in STEM fields; ‘‘(e) SUPPORT FOR INCREASING DIVERSITY tional knowledge base about models for cata- ‘‘(F) expansion of successful reforms aimed AMONG STEM FACULTY AT INSTITUTIONS OF lyzing institutional change. at increasing the number of STEM students HIGHER EDUCATION.— ‘‘(B) REVIEW OF APPLICATIONS.—In selecting from underrepresented minority groups be- ‘‘(1) IN GENERAL.—The Director of the grant recipients under this subsection, the yond a single course or group of courses to Foundation shall award grants to institu- Director of the Foundation shall consider, at achieve reform within an entire academic tions of higher education (or consortia there- a minimum— unit, or expansion of successful reform ef- of) for the development and assessment of in- ‘‘(i) the likelihood of success in under- forts beyond a single academic unit or field novative reform efforts designed to increase taking the proposed reform effort at the in- to other STEM academic units or fields with- the recruitment, retention, and advancement stitution of higher education submitting the in an institution of higher education; of individuals from underrepresented minor- application, including the extent to which ‘‘(G) expansion of opportunities for stu- ity groups in academic STEM careers. the administrators of the institution are dents from underrepresented minority ‘‘(2) MERIT REVIEW; COMPETITION.—Grants committed to making the proposed reform groups to conduct STEM research in indus- shall be awarded under this subsection on a effort a priority; try, at Federal labs, and at international re- merit-reviewed, competitive basis. ‘‘(ii) the degree to which the proposed research institutions or research sites; ‘‘(3) USE OF FUNDS.—Activities supported form effort will contribute to change in in- ‘‘(H) provision of stipends for students by grants under this subsection may institutional culture and policy such that from underrepresented minority groups par- clude— greater value is placed on the recruitment, ticipating in research;

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.023 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2486 CONGRESSIONAL RECORD — HOUSE May 18, 2021 ‘‘(I) development of research collabora- search component that will support the de- under section 525 of the America COMPETES tions between research-intensive universities sign and implementation of a system for Reauthorization Act of 2010 (42 U.S.C. 1862p– and primarily undergraduate minority-serv- data collection and evaluation of proposed 13), as amended. ing institutions; reform efforts in order to build the knowl- (2) REQUIREMENTS.—In conducting the eval- ‘‘(J) support for graduate students and edge base on promising models for increasing uation under paragraph (1), the Director of postdoctoral fellows from underrepresented recruitment and retention of students from the National Science Foundation shall, as minority groups to participate in instruc- underrepresented minority groups in STEM practicable— tional or assessment activities at primarily education at the undergraduate level across (A) use a common set of benchmarks and undergraduate institutions, including pri- a diverse set of institutions. assessment tools to identify best practices marily undergraduate minority-serving in- ‘‘(B) DISSEMINATION.—The Director of the and materials developed or demonstrated by stitutions and 2-year institutions of higher Foundation shall coordinate with relevant the research conducted pursuant to grants education; and Federal agencies in disseminating the re- programs under section 525 of the America ‘‘(K) other activities consistent with para- sults of the research under this paragraph to COMPETES Reauthorization Act of 2010 (42 graph (1), as determined by the Director of ensure that best practices in broadening par- U.S.C. 1862p–13); the Foundation. ticipation in STEM education at the under- (B) include an assessment of the effective- ‘‘(4) SELECTION PROCESS.— graduate level are made readily available to ness of such grant programs in expanding ac- ‘‘(A) APPLICATION.—An institution of high- all institutions of higher education, other cess to high quality STEM education, reer education (or a consortia thereof) seeking Federal agencies that support STEM pro- search, and outreach at tribal colleges and a grant under this subsection shall submit grams, non-Federal funders of STEM edu- universities, as applicable; an application to the Director of the Founda- cation, and the general public. (C) assess the number of students who par- tion at such time, in such manner, and con- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— ticipated in such grant programs; and taining such information and assurances as There are authorized to be appropriated to (D) assess the percentage of students par- such Director may require. The application carry out this subsection $15,000,000 for each ticipating in such grant programs who suc- shall include, at a minimum— of fiscal years 2022 through 2026.’’. cessfully complete their education programs. ‘‘(i) a description of the proposed reform SEC. 10. TRIBAL COLLEGES AND UNIVERSITIES (3) REPORT.—Not later than 180 days after effort; PROGRAM. the date on which the evaluation under para- ‘‘(ii) a description of the research findings (a) GRANTS TO BROADEN TRIBAL COLLEGE graph (1) is completed, the Director of the that will serve as the basis for the proposed AND UNIVERSITY STUDENT PARTICIPATION IN National Science Foundation shall submit to reform effort or, in the case of applications COMPUTER SCIENCE.—Section 525 of the Congress and make available to the public, a that propose an expansion of a previously America COMPETES Reauthorization Act of report on the results of the evaluation, in- implemented reform, a description of the 2010 (42 U.S.C. 1862p–13) is amended by insert- cluding any recommendations for legislative previously implemented reform effort, in- ing after subsection (c) the following: action that could optimize the effectiveness cluding data about the recruitment, reten- ‘‘(d) GRANTS TO BROADEN TRIBAL COLLEGE of the grant program authorized under section, and academic achievement of students AND UNIVERSITY STUDENT PARTICIPATION IN tion 525 of the America COMPETES Reau- from underrepresented minority groups; COMPUTER SCIENCE.— thorization Act of 2010, as amended by sub- ‘‘(iii) evidence of an institutional commit- ‘‘(1) IN GENERAL.—The Director, as part of section (a). ment to, and support for, the proposed re- the program authorized under this section, SEC. 11. REPORT TO CONGRESS. form effort, including a long-term commit- shall award grants on a competitive, merit- Not later than 4 years after the date of en- ment to implement successful strategies reviewed basis to eligible entities to increase actment of this Act, the Director shall sub- from the current reform beyond the aca- the participation of tribal populations in mit a report to Congress that includes— demic unit or units included in the grant computer science and computational think- (1) a description and evaluation of the sta- proposal; ing education programs to enable students to tus and usage of policies implemented pursu- ‘‘(iv) a description of existing or planned develop skills and competencies in coding, ant to section 3 at all Federal science agen- institutional policies and practices regarding problem-solving, critical thinking, cre- cies, including any recommendations for re- faculty hiring, promotion, tenure, and teach- ativity and collaboration. vising or expanding such policies; ing assignment that reward faculty contribu- ‘‘(2) PURPOSE.—Grants awarded under this (2) with respect to efforts to minimize the tions to improving the education of students subsection shall support— effects of implicit bias in the review of extra- from underrepresented minority groups in ‘‘(A) research and development needed to mural and intramural Federal research STEM; and bring computer science and computational grants under section 5— ‘‘(v) how the success and effectiveness of thinking courses and degrees to tribal col- (A) what steps all Federal science agencies the proposed reform effort will be evaluated leges and universities; have taken to implement policies and prac- and assessed in order to contribute to the na- ‘‘(B) research and development of instruc- tices to minimize such effects; tional knowledge base about models for cata- tional materials needed to integrate com- (B) a description of any significant updates lyzing institutional change. puter science and computational thinking to the policies for review of Federal research ‘‘(B) REVIEW OF APPLICATIONS.—In selecting into programs that are culturally relevant to grants required under such section; and grant recipients under this subsection, the students attending tribal colleges and uni- (C) any evidence of the impact of such poli- Director of the Foundation shall consider, at versities; cies on the review or awarding of Federal re- a minimum— ‘‘(C) research, development and evaluation search grants; and ‘‘(i) the likelihood of success of the proof distance education for computer science (3) a description and evaluation of the sta- posed reform effort at the institution sub- and computational thinking courses and de- tus of institution of higher education and mitting the application, including the extent gree programs for students attending tribal Federal laboratory policies and practices re- to which the faculty, staff, and administra- colleges and universities; and quired under section 7(a), including any rec- tors of the institution are committed to ‘‘(D) other activities consistent with the ommendations for revising or expanding making the proposed institutional reform a activities described in paragraphs (1) such policies. priority of the participating academic unit through (4) of subsection (b), as determined SEC. 12. MERIT REVIEW. or units; by the Director. Nothing in this Act shall be construed as ‘‘(ii) the degree to which the proposed re- ‘‘(3) PARTNERSHIPS.—A tribal college or altering any intellectual or broader impacts form effort will contribute to change in in- university seeking a grant under this sub- criteria at Federal science agencies for eval- stitutional culture and policy such that section, or a consortia thereof, may partner uating grant applications. greater value is placed on faculty engage- with an institution of higher education or SEC. 13. DETERMINATION OF BUDGETARY EF- ment in the retention of students from nonprofit organization with demonstrated FECTS. underrepresented minority groups; expertise in academic program development. The budgetary effects of this Act, for the ‘‘(iii) the likelihood that the institution ‘‘(4) COORDINATION.—In carrying out this purpose of complying with the Statutory will sustain or expand the proposed reform subsection, the Director shall consult and Pay-As-You-Go Act of 2010, shall be deter- effort beyond the period of the grant; and cooperate with the programs and policies of mined by reference to the latest statement ‘‘(iv) the degree to which evaluation and other relevant Federal agencies to avoid du- titled ‘‘Budgetary Effects of PAYGO Legisla- assessment plans are included in the design plication with and enhance the effectiveness tion’’ for this Act, submitted for printing in of the proposed reform effort. of the program under this subsection. the Congressional Record by the Chairman of ‘‘(C) GRANT DISTRIBUTION.—The Director of ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— the House Budget Committee, provided that the Foundation shall ensure, to the extent There are authorized to be appropriated to such statement has been submitted prior to practicable, that grants awarded under this the Director of the Foundation $2,000,000 in the vote on passage. subsection are made to a variety of types of each of fiscal years 2022 through 2026 to carry SEC. 14. DEFINITIONS. institutions of higher education, including 2- out this subsection.’’. In this Act: year and minority-serving institutions of (b) EVALUATION.— (1) DIRECTOR.—The term ‘‘Director’’ means higher education. (1) IN GENERAL.—Not later than 2 years the Director of the Office of Science and ‘‘(5) EDUCATION RESEARCH.— after the date of enactment of this Act, the Technology Policy. ‘‘(A) IN GENERAL.—All grants made under Director of the National Science Foundation (2) FEDERAL LABORATORY.—The term ‘‘Fed- this subsection shall include an education re- shall evaluate the grant program authorized eral laboratory’’ has the meaning given such

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(A) in paragraph (6), by striking ‘‘commu- ‘‘(c) COORDINATION.—The working group (4) INSTITUTION OF HIGHER EDUCATION.—The nity colleges and area career and technical shall coordinate, as appropriate, with the term ‘‘institution of higher education’’ has education schools’’ and inserting the fol- Rural Broadband Integration Working Group the meaning given such term in section lowing: ‘‘secondary schools (as defined in established under section 6214 of the Agri- 101(a) of the Higher Education Act of 1965 (20 section 8101 of the Elementary and Sec- culture Improvement Act of 2018 (Public Law U.S.C. 1001(a)). ondary Education Act of 1965 (20 U.S.C. 115–334) and the National Institute of Food (5) INTERAGENCY WORKING GROUP ON INCLU- 7801)), community colleges, and area career and Agriculture of the Department of Agri- SION IN STEM.—The term ‘‘interagency work- and technical education schools, including culture. ing group on inclusion in STEM’’ means the those in underserved and rural commu- ‘‘(d) REPORT.—The working group shall re- interagency working group established by nities,’’; and port to Congress on their activities as part of section 308 of the American Innovation and (B) in paragraph (7)— the annual report submitted under section Competitiveness Act (42 U.S.C. 6626). (i) by striking ‘‘and local colleges’’ and in- 101(a)(2)(D). (6) STEM.—The term ‘‘STEM’’ means serting the following: ‘‘local high schools ‘‘(e) SUNSET.—The authority to carry out science, technology, engineering, and mathe- and local colleges, including those in under- this section shall terminate on the date that matics, including computer science. served and rural communities,’’; and is 5 years after the date of enactment of the (ii) by inserting ‘‘or other applied learning Rural STEM Education Act.’’. RURAL STEM EDUCATION RESEARCH ACT opportunities’’ after ‘‘apprenticeships’’; and SEC. 5. NATIONAL ACADEMY OF SCIENCES EVAL- H.R. 210 (2) in subsection (d)(3) by striking ‘‘, com- UATION. munity colleges, and area career and tech- (a) STUDY.—Not later than 12 months after Be it enacted by the Senate and House of Rep- nical education schools,’’ and inserting the the date of enactment of this Act, the Direc- resentatives of the United States of America in following: ‘‘and local high schools, commu- tor shall enter into an agreement with the Congress assembled, nity colleges, and area career and technical National Academy of Sciences under which SECTION 1. SHORT TITLE. education schools, including those in under- the National Academy agrees to conduct an evaluation and assessment that— This Act may be cited as the ‘‘Rural STEM served and rural communities,’’. (1) evaluates the quality and quantity of Education Research Act’’. (b) RURAL CONNECTIVITY PRIZE COMPETI- TION.— current Federal programming and research SEC. 2. FINDINGS. (1) PRIZE COMPETITION.—Pursuant to sec- directed at examining STEM education for Congress finds the following: tion 24 of the Stevenson-Wydler Technology students in grades Pre-K through 12 and (1) The supply of STEM workers is not Innovation Act of 1980 (15 U.S.C. 3719), the workforce development in rural areas; keeping pace with the rapidly evolving needs Secretary of Commerce, acting through the (2) assesses the impact of the scarcity of of the public and private sector, resulting in Under Secretary of Commerce for Standards broadband connectivity in rural commu- a deficit often referred to as a STEM skills and Technology (referred to in this sub- nities has on STEM and technical literacy shortage. section as the ‘‘Secretary’’), shall, subject to for students in grades Pre-K through 12 in (2) According to the Bureau of Labor Sta- appropriations, carry out a program to rural areas; tistics, the United States will need one mil- award prizes competitively to stimulate re- (3) assesses the core research and data lion additional STEM professionals than it is search and development of creative tech- needed to understand the challenges rural on track to produce in the coming decade. nologies in order to deploy affordable and re- areas are facing in providing quality STEM (3) Many STEM occupations offer higher liable broadband connectivity to underserved education and workforce development; and wages, more opportunities for advancement, rural communities. (4) makes recommendations for action at and a higher degree of job security than non- (2) PLAN FOR DEPLOYMENT IN RURAL COMMU- the Federal, State, and local levels for im- STEM jobs. NITIES.—Each proposal submitted pursuant proving STEM education for students in (4) The 60,000,000 individuals in the United to paragraph (1) shall include a plan for degrades Pre-K through 12 and workforce de- States who live in rural settings are signifi- ployment of the technology that is the sub- velopment in rural areas. cantly under-represented in STEM. ject of such proposal in an underserved rural (b) REPORT TO DIRECTOR.—The agreement (5) According to the National Center for community. entered into under subsection (a) shall re- Education Statistics, nine million students (3) PRIZE AMOUNT.—In carrying out the pro- quire the National Academy of Sciences, not in the United States—nearly 20 percent of gram under paragraph (1), the Secretary may later than 24 months after the date of enact- the total K–12 population—attend rural award not more than a total of $5,000,000 to ment of this Act, to submit to the Director schools, and for reasons ranging from teach- one or more winners of the prize competi- a report on the study conducted under such er quality to shortages of resources, these tion. subsection, including the National Acad- students often have fewer opportunities for (4) REPORT.—Not later than 60 days after emy’s findings and recommendations. high-quality STEM learning than their peers the date on which a prize is awarded under (c) AUTHORIZATION OF APPROPRIATIONS.— in the Nation’s urban and suburban schools. the prize competition, the Secretary shall There are authorized to be appropriated to (6) Rural areas represent one of the most submit to the relevant committees of Con- the Director to carry out this section promising, yet underutilized, opportunities gress a report that describes the winning $1,000,000 for fiscal year 2022. for STEM education to impact workforce de- proposal of the prize competition. SEC. 6. GAO REVIEW. velopment and regional innovation, includ- (5) CONSULTATION.—In carrying out the pro- Not later than 3 years after the date of ening agriculture. gram under subsection (a), the Secretary actment of this Act, the Comptroller General (7) The study of agriculture, food, and nat- may consult with the heads of relevant de- of the United States shall conduct a study on ural resources involves biology, engineering, partments and agencies of the Federal Gov- the engagement of rural populations in Fed- physics, chemistry, math, geology, computer ernment. eral STEM programs and submit to Congress a report that includes— science, and other scientific fields. SEC. 4. NITR-D BROADBAND WORKING GROUP. (8) Employment in computer and informa- (1) an assessment of how Federal STEM Title I of the High-Performance Computing tion technology occupations is projected to education programs are serving rural popu- Act of 1991 (15 U.S.C. 5511 et seq.) is amended grow 11 percent from 2019 to 2029. To help lations; by adding at the end the following: meet this demand, it is important rural stu- (2) a description of initiatives carried out dents have the opportunity to acquire com- ‘‘SEC. 103. BROADBAND RESEARCH AND DEVEL- by Federal agencies that are targeted at sup- puting skills through exposure to computer OPMENT WORKING GROUP. porting STEM education in rural areas; science learning in grades Pre-K through 12 ‘‘(a) IN GENERAL.—The Director shall es- (3) an assessment of what is known about and in informal learning settings. tablish a broadband research and develop- the impact and effectiveness of Federal in- (9) More than 293,000,000 individuals in the ment working group to address national re- vestments in STEM education programs that United States use high-speed broadband to search challenges and opportunities for im- are targeted to rural areas; and work, learn, access healthcare, and operate proving broadband access and adoption (4) an assessment of challenges that state their businesses, while 19,000,000 individuals across the United States. and Federal STEM education programs face in the United States still lack access to ‘‘(b) ACTIVITIES.—The working group shall in reaching rural population centers. high-speed broadband. Rural areas are hard- identify and coordinate key research prior- SEC. 7. CAPACITY BUILDING THROUGH EPSCOR. est hit, with over 26 percent of individuals in ities for addressing broadband access and Section 517(f)(2) of the America COM- rural areas in the United States lacking ac- adoption, including— PETES Reauthorization Act of 2010 (42 cess to high-speed broadband compared to 1.7 ‘‘(1) promising research areas; U.S.C. 1862p–9(f)(2)) is amended— percent of individuals in urban areas in the ‘‘(2) requirements for data collection and (1) in subparagraph (A), by striking ‘‘and’’ United States. sharing; at the end; and

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(2) by adding at the end the following: work, including computer science, to rural (e) EVALUATIONS.—All proposals for grants ‘‘(C) to increase the capacity of rural com- high school students; under subsections (a) and (b) shall include an munities to provide quality STEM education (ii) supporting research on effective STEM evaluation plan that includes the use of out- and STEM workforce development program- practices in rural settings; come oriented measures to assess the impact ming to students, and teachers; and’’. (iii) implementing a school-wide STEM ap- and efficacy of the grant. Each recipient of a SEC. 8. NATIONAL SCIENCE FOUNDATION RURAL proach; grant under this section shall include results STEM RESEARCH ACTIVITIES. (iv) improving the National Science Foun- from these evaluative activities in annual (a) PREPARING RURAL STEM EDUCATORS.— dation’s Advanced Technology Education and final projects. (1) IN GENERAL.—The Director shall provide program’s coordination and engagement grants on a merit-reviewed, competitive with rural communities; (f) ACCOUNTABILITY AND DISSEMINATION.— basis to institutions of higher education or (v) collaborating with existing community (1) EVALUATION REQUIRED.—The Director nonprofit organizations (or a consortium partners and networks, such as the coopera- shall evaluate the portfolio of grants award- thereof) for research and development to ad- tive research and extension services of the ed under subsections (a) and (b). Such eval- vance innovative approaches to support and Department of Agriculture and youth serv- uation shall— sustain high-quality STEM teaching in rural ing organizations like 4–H, after school (A) use a common set of benchmarks and schools. STEM programs, and summer STEM pro- tools to assess the results of research con- (2) USE OF FUNDS.— grams, to leverage community resources and ducted under such grants and identify best (A) IN GENERAL.—Grants awarded under develop place-based programming; practices; and this section shall be used for the research (vi) connecting rural school districts and (B) to the extent practicable, integrate the and development activities referred to in institutions of higher education, to improve findings of research resulting from the activ- paragraph (1), which may include— precollegiate STEM education and engage- ity or activities funded through such grants (i) engaging rural educators of students in ment; with the findings of other research on rural grades Pre-K through 12 in professional (vii) supporting partnerships that offer student’s pursuit of degrees or careers in learning opportunities to enhance STEM hands-on inquiry-based science activities, in- STEM. knowledge, including computer science, and cluding coding, and access to lab resources (2) REPORT ON EVALUATIONS.—Not later develop best practices; for students studying STEM in grades Pre-K than 180 days after the completion of the (ii) supporting research on effective STEM through 12 in a rural area; evaluation under paragraph (1), the Director teaching practices in rural settings, includ- (viii) evaluating the role of broadband shall submit to Congress and make widely ing the use of rubrics and mastery-based connectivity and its associated impact on available to the public a report that in- grading practices to assess student perform- the STEM and technology literacy of rural cludes— ance when employing the transdisciplinary students; (A) the results of the evaluation; and teaching approach for STEM disciplines; (ix) building capacity to support extra- (B) any recommendations for administra- (iii) designing and developing pre-service curricular STEM programs in rural schools, tive and legislative action that could opti- and in-service training resources to assist including mentor-led engagement programs, mize the effectiveness of the grants awarded such rural educators in adopting STEM programs held during nonschool under this section. transdisciplinary teaching practices across hours, STEM networks, makerspaces, coding STEM courses; (g) REPORT BY COMMITTEE ON EQUAL OPPOR- activities, and competitions; and (iv) coordinating with local partners to TUNITIES IN SCIENCE AND ENGINEERING.— (x) any other activity the Director deter- adapt STEM teaching practices to leverage (1) IN GENERAL.—As part of the first report mines will accomplish the goals of this sub- local natural and community assets in order required by section 36(e) of the Science and section. to support in-place learning in rural areas; Engineering Equal Opportunities Act (42 (v) providing hands-on training and re- (c) APPLICATION.—An applicant seeking a U.S.C. 1885c(e)) transmitted to Congress after search opportunities for rural educators de- grant under subsection (a) or (b) shall submit the date of enactment of this Act, the Com- scribed in clause (i) at Federal Laboratories, an application at such time, in such manner, mittee on Equal Opportunities in Science institutions of higher education, or in indus- and containing such information as the Di- and Engineering shall include— try; rector may require. The application may in- (A) a description of past and present poli- (vi) developing training and best practices clude the following: cies and activities of the Foundation to en- for educators who teach multiple grade lev- (1) A description of the target population courage full participation of students in els within a STEM discipline; to be served by the research activity or ac- rural communities in science, mathematics, (vii) designing and implementing profes- tivities for which such grant is sought. engineering, and computer science fields; sional development courses and experiences, (2) A description of the process for recruit- and including mentoring, for rural educators de- ment and selection of students, educators, or (B) an assessment of trends in participa- scribed in clause (i) that combine face-to- schools from rural areas to participate in tion of rural students in grades Pre-K face and online experiences; and such activity or activities. through 12 in Foundation activities, and an (viii) any other activity the Director deter- (3) A description of how such activity or assessment of the policies and activities of mines will accomplish the goals of this sub- activities may inform efforts to promote the the Foundation, along with proposals for section. engagement and achievement of rural stu- new strategies or the broadening of existing (B) RURAL STEM COLLABORATIVE.—The Di- dents in grades Pre-K through 12 in STEM successful strategies towards facilitating the rector may establish a pilot program of re- studies. goals of this Act. gional cohorts in rural areas that will pro- (4) In the case of a proposal consisting of a (2) TECHNICAL CORRECTION.— vide peer support, mentoring, and hands-on partnership or partnerships with one or more (A) IN GENERAL.—Section 313 of the Amer- research experiences for rural STEM edu- rural schools and one or more researchers, a ican Innovation and Competitiveness Act cators of students in grades Pre-K through plan for establishing a sustained partnership (Public Law 114–329) is amended by striking 12, in order to build an ecosystem of coopera- that is jointly developed and managed, draws ‘‘Section 204(e) of the National Science tion among educators, researchers, aca- from the capacities of each partner, and is Foundation Authorization Act of 1988’’ and demia, and local industry. mutually beneficial. inserting ‘‘Section 36(e) of the Science and (b) BROADENING PARTICIPATION OF RURAL (d) PARTNERSHIPS.—In awarding grants Engineering Equal Opportunities Act’’. STUDENTS IN STEM.— under subsection (a) or (b), the Director (B) APPLICABILITY.—The amendment made (1) IN GENERAL.—The Director shall provide shall— by paragraph (1) shall take effect as if in- grants on a merit-reviewed, competitive (1) encourage applicants which, for the pur- cluded in the enactment of section 313 of the basis to institutions of higher education or pose of the activity or activities funded American Innovation and Competitiveness nonprofit organizations (or a consortium through the grant, include or partner with a Act (Public Law 114–329). thereof) for— nonprofit organization or an institution of (h) COORDINATION.—In carrying out this (A) research and development of program- higher education (or a consortium thereof) section, the Director shall, for purposes of ming to identify the barriers rural students that has extensive experience and expertise enhancing program effectiveness and avoid- face in accessing high-quality STEM edu- in increasing the participation of rural stu- ing duplication of activities, consult, cooper- cation; and dents in grades Pre-K through 12 in STEM; ate, and coordinate with the programs and (B) development of innovative solutions to (2) encourage applicants which, for the pur- policies of other relevant Federal agencies. improve the participation and advancement pose of the activity or activities funded of rural students in grades Pre-K through 12 through the grant, include or partner with a (i) AUTHORIZATION OF APPROPRIATIONS.— in STEM studies. consortium of rural schools or rural school There are authorized to be appropriated to (2) USE OF FUNDS.— districts; and the Director— (A) IN GENERAL.—Grants awarded under (3) encourage applications which, for the (1) $8,000,000 to carry out the activities this section shall be used for the research purpose of the activity or activities funded under subsection (a) for each of fiscal years and development activities referred to in through the grant, include commitments 2022 through 2026; and paragraph (1), which may include— from school principals and administrators to (2) $12,000,000 to carry out the activities (i) developing partnerships with commu- making reforms and activities proposed by under subsection (b) for each of fiscal years nity colleges to offer advanced STEM course the applicant a priority. 2022 through 2026.

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SEC. 9. RESEARCHING OPPORTUNITIES FOR ON- (4) INSTITUTION OF HIGHER EDUCATION.—The (4) In evaluating the performance of these LINE EDUCATION. term ‘‘institution of higher education’’ has units after the War, a U.S. Army analysis (a) IN GENERAL.—The Director shall, sub- the meaning given such term in section found that ‘‘Rarely, if ever, has there been a ject to appropriations, award competitive 101(a) of the Higher Education Act of 1965 (20 group of such a few men which had so great grants to institutions of higher education or U.S.C. 1001(a)). an influence on the outcome of a major mili- nonprofit organizations (or a consortium (5) STEM.—The term ‘‘STEM’’ has the tary campaign.’’. thereof, which may include a private sector meaning given the term in section 2 of the (5) Many Ghost Army soldiers were citizen- partner) to conduct research on online STEM America COMPETES Reauthorization Act of soldiers recruited from art schools, adver- education courses for rural communities. 2010 (42 U.S.C. 6621 note). tising agencies, communications companies, (b) RESEARCH AREAS.—The research areas (6) STEM EDUCATION.—The term ‘‘STEM and other creative and technical professions. eligible for funding under this subsection education’’ has the meaning given the term (6) The first four members of the 23d Head- shall include— in section 2 of the STEM Education Act of quarters, Special Troops, landed on D-Day (1) evaluating the learning and achieve- 2015 (42 U.S.C. 6621 note). and two became casualties while creating ment of rural students in grades Pre-K false beach landing sites. through 12 in STEM subjects; HOMELESS VETERANS WITH CHILDREN REINTEGRATION ACT (7) The 23d Headquarters, Special Troops, (2) understanding how computer-based and secret deception operations commenced in online professional development courses and H.R. 240 France on June 14, 1944, when Task Force mentor experiences can be integrated to Be it enacted by the Senate and House of Rep- Mason, a 17-man detachment of the 23d led meet the needs of educators of rural students resentatives of the United States of America in by First Lieutenant Bernard Mason, landed in grades Pre-K through 12; Congress assembled, at Omaha Beach. Task Force Mason con- (3) combining computer-based and online SECTION 1. SHORT TITLE. ducted Operation ELEPHANT between 1 and STEM education and training with appren- This Act may be cited as the ‘‘Homeless 4 July, 1944, to draw enemy fire and protect ticeships, mentoring, or other applied learn- Veterans with Children Reintegration Act’’. the 980th Field Artillery Battalion (VIII ing arrangements; SEC. 2. PRIORITY UNDER HOMELESS VETERANS Corps) as part of the Normandy Campaign. (4) leveraging online programs to supple- REINTEGRATION PROGRAMS FOR (8) Operation ELEPHANT was a prelude to ment STEM studies for rural students that HOMELESS VETERANS WITH DE- 21 full-scale tactical deceptions completed by need physical and academic accommodation; PENDENTS. the 23d Headquarters, Special Troops. and (a) PRIORITY FOR HOMELESS VETERANS WITH (9) Often operating on or near the front (5) any other activity the Director deter- DEPENDENT CHILDREN.—Subsection (a) of sec- lines, the 23d Headquarters, Special Troops, mines will accomplish the goals of this sub- tion 2021 of title 38, United States Code, is used inflatable tanks, artillery, airplanes section. amended— and other vehicles, advanced engineered (c) EVALUATIONS.—All proposals for grants (1) by striking ‘‘Subject to’’ and inserting soundtracks, and skillfully crafted radio under this section shall include an evalua- ‘‘(1) Subject to’’; trickery to create the illusion of sizable tion plan that includes the use of outcome (2) by redesignating paragraphs (1) through American forces where there were none and oriented measures to assess the impact and (5) as subparagraphs (A) through (E), respec- to draw the enemy away from Allied troops. efficacy of the grant. Each recipient of a tively; and grant under this section shall include results (10) The 3132d and the 3133d Signal Service (3) by adding at the end the following new from these evaluative activities in annual Companies, activated in Pine Camp (now paragraph: and final projects. Fort Drum), New York, at the Army Experi- ‘‘(2) In conducting programs under this sec- (d) ACCOUNTABILITY AND DISSEMINATION.— mental Station in March 1944, were the only tion, the Secretary shall prioritize the provi- (1) EVALUATION REQUIRED.—The Director two active duty ‘‘sonic deception’’ ground shall evaluate the portfolio of grants award- sion of services to homeless veterans with combat units in World War II. ed under this section. Such evaluation dependents.’’. (11) Soldiers of the 23d Headquarters, Spe- (b) ADDITIONAL REPORTING REQUIRE- shall— cial Troops, impersonated other, larger MENTS.—Subsection (d) of such section is (A) use a common set of benchmarks and Army units by sewing counterfeit patches tools to assess the results of research con- amended— onto their uniforms, painting false markings ducted under such grants and identify best (1) by striking ‘‘the report an evaluation of on their vehicles, and creating phony head- practices; and services’’ and all that follows and inserting quarters staffed by fake generals, all in an (B) to the extent practicable, integrate ‘‘each such report—’’; and effort to feed false information to Axis spies. findings from activities carried out pursuant (2) by adding at the end the following: (12) During the Battle of the Bulge, the 23d to research conducted under this section, ‘‘(1) an evaluation of services furnished to Headquarters, Special Troops, created coun- with respect to the pursuit of careers and de- veterans under this section and an analysis terfeit radio traffic to mask the efforts of grees in STEM, with those activities carried of the information collected under sub- General George Patton’s Third Army as it our pursuant to other research on serving section (b); mobilized to break through to the 101st Air- rural students and communities. ‘‘(2) an analysis of any gaps in access to borne and elements of 10th Armored Division (2) REPORT ON EVALUATIONS.—Not later shelter, safety, and services for homeless in the besieged Belgian town of Bastogne. than 180 days after the completion of the veterans with dependent children; and (13) In its final mission, Operation evaluation under paragraph (1), the Director ‘‘(3) recommendations for improving any VIERSEN, in March 1945, the 23d Head- shall submit to Congress and make widely gaps identified under paragraph (2).’’. quarters, Special Troops, conducted a tac- available to the public a report that in- GHOST ARMY CONGRESSIONAL GOLD MEDAL ACT tical deception that drew German units down the Rhine River and away from the Ninth cludes— H.R. 707 Army, allowing the Ninth Army to cross the (A) the results of the evaluation; and Be it enacted by the Senate and House of Rep- (B) any recommendations for administra- Rhine into Germany. On this mission, the resentatives of the United States of America in 1,100 men of the Ghost Army, with the assist- tive and legislative action that could opti- Congress assembled, mize the effectiveness of the grants awarded ance of other units, impersonated forty thou- under this section. SECTION 1. SHORT TITLE. sand men, or two complete divisions of (e) COORDINATION.—In carrying out this This Act may be cited as the ‘‘Ghost Army American forces, by using fabricated radio section, the Director shall, for purposes of Congressional Gold Medal Act’’. networks, soundtracks of construction work enhancing program effectiveness and avoid- SEC. 2. FINDINGS. and artillery fire, and more than 600 inflat- ing duplication of activities, consult, cooper- The Congress finds the following: able vehicles. According to a military intel- ate, and coordinate with the programs and (1) The 23d Headquarters, Special Troops, ligence officer of the 79th Infantry, ‘‘There is policies of other relevant Federal agencies. comprised of the 23d Headquarters and Head- no doubt that Operation VIERSEN materi- SEC. 10. DEFINITIONS. quarters Company, Special Troops, the 603d ally assisted in deceiving the enemy with re- In this Act: Engineer Camouflage Battalion, the 406th gard to the real dispositions and intentions (1) DIRECTOR.—The term ‘‘Director’’ means Combat Engineer Company, the 3132d Signal of this Army.’’. the Director of the National Science Founda- Service Company and the Signal Company, (14) Three soldiers of the 23d Headquarters, tion established under section 2 of the Na- Special, 23d Headquarters, Special Troops Special Troops, gave their lives and dozens tional Science Foundation Act of 1950 (42 and the 3133d Signal Service Company were were injured in carrying out their mission. U.S.C. 1861). top-secret units of the United States Army (15) In April 1945, the 3133d Signal Service (2) FEDERAL LABORATORY.—The term ‘‘Fed- that served in Europe during World War II. Company conducted Operation CRAFTSMAN eral laboratory’’ has the meaning given such (2) The 23d Headquarters, Special Troops, in support of Operation SECOND WIND, the term in section 4 of the Stevenson-Wydler was actively engaged in battlefield oper- successful allied effort to break through the Technology Innovation Act of 1980 (15 U.S.C. ations from June of 1944 through March of German defensive position to the north of 3703). 1945. The 3133d Signal Service Company was Florence, Italy, known as the Gothic Line. (3) FOUNDATION.—The term ‘‘Foundation’’ engaged in operations in Italy in 1945. Along with an attached platoon of British means the National Science Foundation es- (3) The deceptive activities of these units engineers, who were inflatable decoy special- tablished under section 2 of the National were integral to several Allied victories ists, the 3133d Signal Service Company used Science Foundation Act of 1950 (42 U.S.C. across Europe and reduced American casual- sonic deception to misrepresent troop loca- 1861). ties. tions along this defensive line.

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(16) The activities of the 23d Headquarters, ‘‘(d) LAND USE REVENUES AT THE CAMPUS.— Sec. 1005. Bureau of Consular Affairs; Bu- Special Troops and the 3133d Signal Service ‘‘(1) IN GENERAL.—Any land use revenues reau of Population, Refugees, Company remained highly classified for received by the Secretary shall be credited and Migration. more than forty years after the war and were to the applicable Department medical facili- Sec. 1006. Office of International Disability never formally recognized. The extraor- ties accounts or minor construction ac- Rights. dinary accomplishments of this unit are de- counts and shall be available, without fiscal Sec. 1007. Anti-piracy information sharing. serving of belated official recognition. year limitation and without further appro- Sec. 1008. Importance of foreign affairs (17) The United States is eternally grateful priation, exclusively for any of the following: training to national security. to the soldiers of the 23d Headquarters, Spe- ‘‘(A) Supporting construction, mainte- Sec. 1009. Classification and assignment of cial Troops and the 3133d Signal Service nance, and services at the Campus relating Foreign Service officers. Company for their proficient use of innova- to temporary or permanent supportive hous- Sec. 1010. Energy diplomacy and security tive tactics throughout World War II, which ing for homeless or at-risk veterans and within the Department of saved lives and made significant contribu- their families. State. tions to the defeat of the Axis powers. ‘‘(B) Renovating and maintaining the land Sec. 1011. National Museum of American Di- SEC. 3. CONGRESSIONAL GOLD MEDAL. and facilities at the Campus. plomacy. (a) AWARD AUTHORIZED.—The Speaker of ‘‘(C) Carrying out minor construction Sec. 1012. Extension of period for reimburse- the House of Representatives and the Presi- projects at the Campus. ment of fishermen for costs in- dent pro tempore of the Senate shall make ‘‘(D) Carrying out community operations curred from the illegal seizure appropriate arrangements for the award, on at the Campus that support the development and detention of U.S.-flag fish- behalf of the Congress, of a gold medal of ap- of emergency shelter or supportive housing ing vessels by foreign govern- propriate design to the 23d Headquarters, for homeless or at-risk veterans and their ments. Special Troops, and the 3133d Signal Service families. Sec. 1013. Art in embassies. Company, known as the ‘‘Ghost Army’’, col- ‘‘(2) LAND USE REVENUE DEFINED.—In this Sec. 1014. Amendment or repeal of reporting lectively, in recognition of its unique and in- subsection, the term ‘land use revenue’ requirements. credible service during World War II. means— Sec. 1015. Reporting on implementation of (b) DESIGN AND STRIKING.—For the pur- ‘‘(A) any funds received by the Secretary GAO recommendations. poses of the award referred to in subsection under a lease described in subsection (b); and Sec. 1016. Office of Global Criminal Justice. (a), the Secretary of the Treasury (in this ‘‘(B) any funds received as proceeds from TITLE II—EMBASSY CONSTRUCTION Act referred to as the ‘‘Secretary’’) shall any assets seized or forfeited, and any res- Sec. 1201. Embassy security, construction, strike the gold medal with suitable emblems, titution paid, in connection with any third- and maintenance. devices, and inscriptions, to be determined party land use at the Campus.’’. Sec. 1202. Standard design in capital con- by the Secretary. (b) EFFECTIVE DATE.—The amendment struction. (c) SMITHSONIAN INSTITUTION.— made by subsection (a) shall apply with re- Sec. 1203. Capital construction trans- (1) IN GENERAL.—Following the award of spect to funds received by the Secretary of parency. the gold medal in honor of the Ghost Army, Veterans Affairs after the date of the enact- Sec. 1204. Contractor performance informa- the gold medal shall be given to the Smith- ment of the West Los Angeles Leasing Act of tion. sonian Institution, where it will be available 2016 (Public Law 114–226; 130 Stat. 927). Sec. 1205. Growth projections for new embas- for display as appropriate and available for SEC. 3. MODIFICATION TO ENHANCED USE sies and consulates. research. LEASES AT THE DEPARTMENT OF Sec. 1206. Long-range planning process. (2) SENSE OF CONGRESS.—It is the sense of VETERANS AFFAIRS WEST LOS AN- Sec. 1207. Value engineering and risk assess- the Congress that the Smithsonian Institu- GELES CAMPUS. ment. tion should make the gold medal awarded Paragraph (1) of section 2(b) of the West Sec. 1208. Business volume. pursuant to this Act available for display Los Angeles Leasing Act of 2016 (Public Law Sec. 1209. Embassy security requests and de- elsewhere, particularly at appropriate loca- 114–226; 130 Stat. 927), is amended by adding ficiencies. tions associated with the Ghost Army, and at the end the following new sentence: ‘‘Not- Sec. 1210. Overseas security briefings. that preference should be given to locations withstanding section 8162(b)(2) of such title, Sec. 1211. Contracting methods in capital affiliated with the Smithsonian Institution. the term of such an enhanced-use lease at construction. SEC. 4. DUPLICATE MEDALS. the Campus may not exceed 99 years.’’. Sec. 1212. Competition in embassy construc- The Secretary may strike and sell dupli- SEC. 4. DETERMINATION OF BUDGETARY EF- tion. cates in bronze of the gold medal struck FECTS. Sec. 1213. Statement of policy. under section 3, at a price sufficient to cover The budgetary effects of this Act, for the Sec. 1214. Definitions. the costs of the medal, including labor, ma- purpose of complying with the Statutory TITLE III—PERSONNEL ISSUES terials, dies, use of machinery, and overhead Pay-As-You-Go Act of 2010, shall be deter- Sec. 1301. Defense Base Act insurance waiv- expenses. mined by reference to the latest statement ers. SEC. 5. NATIONAL MEDAL. titled ‘‘Budgetary Effects of PAYGO Legisla- Sec. 1302. Study on Foreign Service allow- The gold medal struck pursuant to this tion’’ for this Act, submitted for printing in ances. Act is a national medal for purposes of chap- the Congressional Record by the Chairman of Sec. 1303. Science and technology fellow- ter 51 of title 31, United States Code. the House Budget Committee, provided that ships. SEC. 6. DETERMINATION OF BUDGETARY EF- such statement has been submitted prior to Sec. 1304. Travel for separated families. FECTS. the vote on passage. Sec. 1305. Home leave travel for separated The budgetary effects of this Act, for the DEPARTMENT OF STATE AUTHORIZATION ACT OF families. purpose of complying with the Statutory 2021 Sec. 1306. Sense of Congress regarding certain fellowship programs. Pay-As-You-Go Act of 2010, shall be deter- H.R. 1157 mined by reference to the latest statement Sec. 1307. Technical correction. titled ‘‘Budgetary Effects of PAYGO Legisla- Be it enacted by the Senate and House of Rep- Sec. 1308. Foreign Service awards. tion’’ for this Act, submitted for printing in resentatives of the United States of America in Sec. 1309. Workforce actions. the Congressional Record by the Chairman of Congress assembled, Sec. 1310. Sense of Congress regarding vet- the House Budget Committee, provided that SECTION 1. SHORT TITLE; TABLE OF CONTENTS. erans employment at the De- such statement has been submitted prior to (a) SHORT TITLE.—This Act may be cited as partment of State. the vote on passage. the ‘‘Department of State Authorization Act Sec. 1311. Employee assignment restrictions and preclusions. WEST LOS ANGELES VA CAMPUS IMPROVEMENT of 2021’’. Sec. 1312. Recall and reemployment of ca- ACT OF 2021 (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: reer members. H.R. 711 Sec. 1313. Strategic staffing plan for the De- Be it enacted by the Senate and House of Rep- Sec. 1. Short title; table of contents. Sec. 2. Definitions. partment of State. resentatives of the United States of America in Sec. 3. Determination of budgetary effects. Sec. 1314. Consulting services. Congress assembled, Sec. 1315. Incentives for critical posts. SECTION 1. SHORT TITLE. TITLE I—ORGANIZATION AND OPER- Sec. 1316. Extension of authority for certain This Act may be cited as the ‘‘West Los ATIONS OF THE DEPARTMENT OF accountability review boards. Angeles VA Campus Improvement Act of STATE Sec. 1317. Foreign Service suspension with- 2021’’. Sec. 1001. Diplomatic Programs. out pay. SEC. 2. TREATMENT OF LAND USE REVENUES Sec. 1002. Sense of Congress on importance Sec. 1318. Foreign Affairs Manual and For- UNDER WEST LOS ANGELES LEAS- of Department of State’s work. eign Affairs Handbook changes. ING ACT OF 2016. Sec. 1003. Bureau of Democracy, Human Sec. 1319. Waiver authority for individual (a) IN GENERAL.—Subsection (d) of section Rights, and Labor. occupational requirements of 2 of the West Los Angeles Leasing Act of 2016 Sec. 1004. Assistant Secretary for Inter- certain positions. (Public Law 114– 226; 130 Stat. 927) is amend- national Narcotics and Law En- Sec. 1320. Appointment of employees to the ed to read as follows: forcement Affairs. Global Engagement Center.

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0655 E:\CR\FM\A18MY7.028 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2491 Sec. 1321. Rest and recuperation and over- Sec. 1805. Chief of mission concurrence. other infectious diseases, strengthening alli- seas operations leave for Fed- Sec. 1806. Report on efforts of the ances, expanding educational opportunities eral employees. Coronavirus Repatriation Task for women and girls, promoting good govern- Sec. 1322. Emergency medical services au- Force. ance and democracy, supporting anti-corrup- thority. SEC. 2. DEFINITIONS. tion efforts, driving economic development Sec. 1323. Department of State Student In- In this Act: and trade, preventing armed conflicts and ternship Program. (1) APPROPRIATE CONGRESSIONAL COMMIT- humanitarian crises, and creating American Sec. 1324. Competitive status for certain em- TEES.—The term ‘‘appropriate congressional jobs and export opportunities; ployees hired by Inspectors committees’’ means the Committee on For- (9) the Department and USAID are vital General to support the lead IG eign Affairs of the House of Representatives national security agencies, whose work is mission. and the Committee on Foreign Relations of critical to the projection of United States Sec. 1325. Cooperation with Office of the In- the Senate. power and leadership worldwide, and without spector General. (2) DEPARTMENT.—If not otherwise speci- which Americans would be less safe, United Sec. 1326. Information on educational oppor- fied, the term ‘‘Department’’ means the De- States economic power would be diminished, tunities for children with spe- partment of State. and global stability and prosperity would cial educational needs con- (3) SECRETARY.—If not otherwise specified, suffer; sistent with the Individuals the term ‘‘Secretary’’ means the Secretary (10) investing in diplomacy and develop- With Disabilities Education of State. ment before conflicts break out saves Amer- Act. SEC. 3. DETERMINATION OF BUDGETARY EF- ican lives while also being cost-effective; and Sec. 1327. Implementation of gap memo- FECTS. (11) the contributions of personnel working randum in selection board proc- The budgetary effects of this Act, for the at the Department and USAID are extraor- ess. purpose of complying with the Statutory dinarily valuable and allow the United TITLE IV—A DIVERSE WORKFORCE: RE- Pay-As-You-Go Act of 2010, shall be deter- States to maintain its leadership around the CRUITMENT, RETENTION, AND PRO- mined by reference to the latest statement world. MOTION titled ‘‘Budgetary Effects of PAYGO Legisla- SEC. 1003. BUREAU OF DEMOCRACY, HUMAN Sec. 1401. Definitions. tion’’ for this Act, submitted for printing in RIGHTS, AND LABOR. Sec. 1402. Collection, analysis, and dissemi- the Congressional Record by the Chairman of Paragraph (2) of section 1(c) of the State nation of workforce data. the House Budget Committee, provided that Department Basic Authorities Act of 1956 (22 Sec. 1403. Exit interviews for workforce. such statement has been submitted prior to U.S.C. 2651a) is amended— Sec. 1404. Recruitment and retention. the vote on passage. (1) in subparagraph (A), by adding at the Sec. 1405. Promoting diversity and inclusion TITLE I—ORGANIZATION AND OPER- end the following new sentence: ‘‘All special in the national security work- ATIONS OF THE DEPARTMENT OF STATE envoys, ambassadors, and coordinators lo- force. SEC. 1001. DIPLOMATIC PROGRAMS. cated within the Bureau of Democracy, Sec. 1406. Leadership engagement and ac- For ‘‘Diplomatic Programs’’, there is au- Human Rights, and Labor shall report di- countability. thorized to be appropriated $9,170,013,000 for rectly to the Assistant Secretary unless oth- Sec. 1407. Professional development opportu- fiscal year 2022. erwise provided by law.’’; nities and tools. SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE (2) in subparagraph (B)(ii)— Sec. 1408. Examination and oral assessment OF DEPARTMENT OF STATE’S WORK. (A) by striking ‘‘section’’ and inserting for the Foreign Service. It is the sense of Congress that— ‘‘sections 116 and’’; and Sec. 1409. Payne fellowship authorization. (1) United States global engagement is key (B) by inserting before the period at the Sec. 1410. Voluntary participation. to a stable and prosperous world; end the following: ‘‘(commonly referred to as TITLE V—INFORMATION SECURITY (2) United States leadership is indispen- the annual ‘Country Reports on Human Sec. 1501. Definitions. sable in light of the many complex and inter- Rights Practices’)’’; and Sec. 1502. List of certain telecommuni- connected threats facing the United States (3) by adding at the end the following new cations providers. and the world; subparagraphs: Sec. 1503. Preserving records of electronic (3) diplomacy and development are critical ‘‘(C) AUTHORITIES.—In addition to the du- communications conducted re- tools of national power, and full deployment ties, functions, and responsibilities specified lated to official duties of posi- of these tools is vital to United States na- in this paragraph, the Assistant Secretary of tions in the public trust of the tional security; State for Democracy, Human Rights, and American people. (4) challenges such as the global refugee Labor is authorized to— Sec. 1504. Foreign Relations of the United and migration crises, terrorism, historic ‘‘(i) promote democracy and actively sup- States (FRUS) series and de- famine and food insecurity, and fragile or report human rights throughout the world; classification. pressive societies cannot be addressed with- ‘‘(ii) promote the rule of law and good gov- Sec. 1505. Vulnerability Disclosure Policy out sustained and robust United States dip- ernance throughout the world; and Bug Bounty Pilot Program. lomatic and development leadership; ‘‘(iii) strengthen, empower, and protect TITLE VI—PUBLIC DIPLOMACY (5) the United States Government must use civil society representatives, programs, and Sec. 1601. Short title. all of the instruments of national security organizations, and facilitate their ability to Sec. 1602. Avoiding duplication of programs and foreign policy at its disposal to protect engage in dialogue with governments and and efforts. United States citizens, promote United other civil society entities; Sec. 1603. Improving research and evaluation States interests and values, and support ‘‘(iv) work with regional bureaus to ensure of public diplomacy. global stability and prosperity; adequate personnel at diplomatic posts are Sec. 1604. Permanent reauthorization of the (6) United States security and prosperity assigned responsibilities relating to advanc- United States Advisory Com- depend on having partners and allies that ing democracy, human rights, labor rights, mission on Public Diplomacy. share our interests and values, and these women’s equal participation in society, and Sec. 1605. Streamlining of support functions. partnerships are nurtured and our shared in- the rule of law, with particular attention Sec. 1606. Guidance for closure of public di- terests and values are promoted through paid to adequate oversight and engagement plomacy facilities. United States diplomatic engagement, secu- on such issues by senior officials at such Sec. 1607. Definitions. rity cooperation, economic statecraft, and posts; assistance that helps further economic de- ‘‘(v) review and, as appropriate, make rec- TITLE VII—COMBATING PUBLIC velopment, good governance, including the ommendations to the Secretary of State re- CORRUPTION rule of law and democratic institutions, and garding the proposed transfer of— Sec. 1701. Sense of congress. the development of shared responses to nat- ‘‘(I) defense articles and defense services Sec. 1702. Annual assessment. ural and humanitarian disasters; authorized under the Foreign Assistance Act Sec. 1703. Transparency and accountability. (7) as the United States Government agen- of 1961 (22 U.S.C. 2151 et seq.) or the Arms Ex- Sec. 1704. Designation of embassy anti-cor- cies primarily charged with conducting di- port Control Act (22 U.S.C. 2751 et seq.); and ruption points of contact. plomacy and development, the Department ‘‘(II) military items listed on the ‘600 se- TITLE VIII—OTHER MATTERS and the United States Agency for Inter- ries’ of the Commerce Control List contained Sec. 1801. Case-Zablocki Act Reform. national Development (USAID) require sus- in Supplement No. 1 to part 774 of subtitle B Sec. 1802. Limitation on assistance to coun- tained and robust funding to carry out this of title 15, Code of Federal Regulations; tries in default. important work, which is essential to our ‘‘(vi) coordinate programs and activities Sec. 1803. Sean and David Goldman Child ability to project United States leadership that protect and advance the exercise of Abduction Prevention and Re- and values and to advance United States in- human rights and internet freedom in cyber- turn Act of 2014 amendment. terests around the world; space; and Sec. 1804. Modification of authorities of (8) the work of the Department and USAID ‘‘(vii) implement other relevant policies Commission for the Preserva- makes the United States and the world safer and provisions of law. tion of America’s Heritage and more prosperous by alleviating global ‘‘(D) LOCAL OVERSIGHT.—United States mis- Abroad. poverty and hunger, fighting HIV/AIDS and sions, when executing DRL programming, to

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2492 CONGRESSIONAL RECORD — HOUSE May 18, 2021 the extent practicable, should assist in exer- ‘‘(i) carry out timely and substantive con- on soliciting quality programs that are fully cising oversight authority and coordinate sultation with chiefs of mission and, as ap- inclusive of people with disabilities; with the Bureau of Democracy, Human propriate, the heads of other United States (4) represent the United States in diplo- Rights, and Labor to ensure that funds are Government agencies to ensure effective co- matic and multilateral fora on matters rel- appropriately used and comply with anti-cor- ordination of all international narcotics and evant to the rights of persons with disabil- ruption practices.’’. law enforcement programs carried out over- ities, and work to raise the profile of dis- SEC. 1004. ASSISTANT SECRETARY FOR INTER- seas by the Department and such other agen- ability across a broader range of organiza- NATIONAL NARCOTICS AND LAW EN- cies; tions contributing to international develop- FORCEMENT AFFAIRS. ‘‘(ii) coordinate with the Office of National ment efforts; (a) IN GENERAL.—Section 1(c) of the State Drug Control Policy to ensure lessons (5) conduct regular consultation with civil Department Basic Authorities Act of 1956 (22 learned from other United States Govern- society organizations working to advance U.S.C. 2651a(c)) is amended— ment agencies are available to the Bureau of international disability rights and empower (1) by redesignating paragraphs (3) and (4) International Narcotics and Law Enforce- persons with disabilities internationally; as paragraphs (4) and (5), respectively; and ment Affairs of the Department; (6) consult with other relevant offices at (2) by inserting after paragraph (2) the fol- ‘‘(iii) develop standard requirements for the Department that are responsible for lowing new paragraph: monitoring and evaluation of Bureau pro- drafting annual reports documenting ‘‘(3) ASSISTANT SECRETARY FOR INTER- grams, including metrics for success that do progress on human rights, including, wher- NATIONAL NARCOTICS AND LAW ENFORCEMENT not rely solely on the amounts of illegal ever applicable, references to instances of AFFAIRS.— drugs that are produced or seized; discrimination, prejudice, or abuses of per- ‘‘(A) IN GENERAL.—There is authorized to ‘‘(iv) in coordination with the Secretary of sons with disabilities; be in the Department of State an Assistant State, annually certify in writing to the (7) advise the Bureau of Human Resources Secretary for International Narcotics and Committee on Foreign Affairs of the House or its equivalent within the Department re- Law Enforcement Affairs, who shall be re- of Representatives and the Committee on garding the hiring and recruitment and over- sponsible to the Secretary of State for all Foreign Relations of the Senate that United seas practices of civil service employees and matters, programs, and related activities States law enforcement personnel posted Foreign Service officers with disabilities and pertaining to international narcotics, anti- abroad whose activities are funded to any ex- their family members with chronic medical crime, and law enforcement affairs in the tent by the Bureau of International Nar- conditions or disabilities; and conduct of foreign policy by the Department, cotics and Law Enforcement Affairs are com- (8) carry out such other relevant duties as including, as appropriate, leading the coordi- plying with section 207 of the Foreign Serv- the Secretary of State may assign. nation of programs carried out by United ice Act of 1980 (22 U.S.C. 3927); and (c) SUPERVISION.—The Office may be head- States Government agencies abroad, and ‘‘(v) carry out such other relevant duties ed by— such other related duties as the Secretary as the Secretary may assign. (1) a senior advisor to the appropriate As- may from time to time designate. ‘‘(D) RULE OF CONSTRUCTION.—Nothing in sistant Secretary of State; or ‘‘(B) AREAS OF RESPONSIBILITY.—The As- this paragraph may be construed to limit or (2) an officer exercising significant author- sistant Secretary for International Narcotics impair the authority or responsibility of any ity who reports to the President or Sec- and Law Enforcement Affairs shall maintain other Federal agency with respect to law en- retary of State, appointed by and with the continuous observation and coordination of forcement, domestic security operations, or advice and consent of the Senate. all matters pertaining to international nar- intelligence activities as defined in Execu- (d) CONSULTATION.—The Secretary of State cotics, anti-crime, and law enforcement af- tive Order 12333.’’. should direct Ambassadors at Large, Rep- fairs in the conduct of foreign policy, includ- (b) MODIFICATION OF ANNUAL INTER- resentatives, Special Envoys, and coordina- ing programs carried out by other United NATIONAL NARCOTICS CONTROL STRATEGY RE- tors working on human rights to consult States Government agencies when such pro- PORT.—Subsection (a) of section 489 of the with the Office to promote the human rights grams pertain to the following matters: Foreign Assistance Act of 1961 (22 U.S.C. and full participation in international devel- ‘‘(i) Combating international narcotics 2291h) is amended by inserting after para- opment activities of all persons with disabil- production and trafficking. graph (9) the following new paragraph: ities. ‘‘(ii) Strengthening foreign justice sys- ‘‘(10) A separate section that contains an SEC. 1007. ANTI-PIRACY INFORMATION SHARING. tems, including judicial and prosecutorial identification of all United States Govern- The Secretary is authorized to provide for capacity, appeals systems, law enforcement ment-supported units funded by the Bureau the participation by the United States in the agencies, prison systems, and the sharing of of International Narcotics and Law Enforce- Information Sharing Centre located in recovered assets. ment Affairs and any Bureau-funded oper- Singapore, as established by the Regional ‘‘(iii) Training and equipping foreign po- ations by such units in which United States Cooperation Agreement on Combating Pi- lice, border control, other government offi- law enforcement personnel have been phys- racy and Armed Robbery against Ships in cials, and other civilian law enforcement au- ically present.’’. Asia (ReCAAP). thorities for anti-crime purposes, including SEC. 1005. BUREAU OF CONSULAR AFFAIRS; BU- SEC. 1008. IMPORTANCE OF FOREIGN AFFAIRS ensuring that no foreign security unit or REAU OF POPULATION, REFUGEES, TRAINING TO NATIONAL SECURITY. member of such unit shall receive such as- AND MIGRATION. (a) SENSE OF CONGRESS.—It is the sense of sistance from the United States Government Section 1 of the State Department Basic Congress that— absent appropriate vetting. Authorities Act of 1956 (22 U.S.C. 2651a) is (1) the Department is a crucial national se- ‘‘(iv) Ensuring the inclusion of human amended— curity agency, whose employees, both For- rights and women’s participation issues in (1) by redesignating subsection (g) and (h) eign and Civil Service, require the best pos- law enforcement programs, in consultation as subsections (i) and (j), respectively; and sible training at every stage of their careers with the Assistant Secretary for Democracy, (2) by inserting after subsection (f) the fol- to prepare them to promote and defend Human Rights, and Labor, and other senior lowing new subsections: United States national interests and the officials in regional and thematic bureaus ‘‘(g) BUREAU OF CONSULAR AFFAIRS.—There health and safety of United States citizens is in the Department of State the Bureau of and offices. abroad; Consular Affairs, which shall be headed by ‘‘(v) Combating, in conjunction with other (2) the Department of State’s investment the Assistant Secretary of State for Con- relevant bureaus of the Department of State of time and resources with respect to the sular Affairs. and other United States Government agen- training and education of its personnel is ‘‘(h) BUREAU OF POPULATION, REFUGEES, cies, all forms of transnational organized AND MIGRATION.—There is in the Department considerably below the level of other Federal crime, including human trafficking, illicit of State the Bureau of Population, Refugees, departments and agencies in the national se- trafficking in arms, wildlife, and cultural and Migration, which shall be headed by the curity field, and falls well below the invest- property, migrant smuggling, corruption, Assistant Secretary of State for Population, ments many allied and adversarial countries money laundering, the illicit smuggling of Refugees, and Migration.’’. make in the development of their diplomats; bulk cash, the licit use of financial systems SEC. 1006. OFFICE OF INTERNATIONAL DIS- (3) the Department faces increasingly com- for malign purposes, and other new and ABILITY RIGHTS. plex and rapidly evolving challenges, many emerging forms of crime. (a) ESTABLISHMENT.—There should be es- of which are science and technology-driven, ‘‘(vi) Identifying and responding to global tablished in the Department of State an Of- and which demand the continual, high-qual- corruption, including strengthening the ca- fice of International Disability Rights (re- ity training and education of its personnel; pacity of foreign government institutions referred to in this section as the ‘‘Office’’). (4) the Department must move beyond reli- sponsible for addressing financial crimes and (b) DUTIES.—The Office should— ance on ‘‘on-the-job training’’ and other in- engaging with multilateral organizations re- (1) seek to ensure that all United States formal mentorship practices, which lead to sponsible for monitoring and supporting for- foreign operations are accessible to, and in- an inequality in skillset development and ca- eign governments’ anti-corruption efforts. clusive of, persons with disabilities; reer advancement opportunities, often par- ‘‘(C) ADDITIONAL DUTIES.—In addition to (2) promote the human rights and full particularly for minority personnel, and to- the responsibilities specified in subparagraph ticipation in international development ac- wards a robust professional tradecraft train- (B), the Assistant Secretary for Inter- tivities of all persons with disabilities; ing continuum that will provide for greater national Narcotics and Law Enforcement Af- (3) promote disability inclusive practices equality in career advancement and increase fairs shall also— and the training of Department of State staff minority participation in the senior ranks;

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2493 (5) the Department’s Foreign Service Insti- SEC. 1009. CLASSIFICATION AND ASSIGNMENT OF ‘‘(VI) leading the United States commit- tute and other training facilities should seek FOREIGN SERVICE OFFICERS. ment to the Extractive Industries Trans- to substantially increase its educational and The Foreign Service Act of 1980 is amend- parency Initiative; and training offerings to Department personnel, ed— ‘‘(VII) coordinating energy security and including developing new and innovative (1) in section 501 (22 U.S.C. 3981), by insert- other relevant functions within the Depart- educational and training courses, methods, ing ‘‘If a position designated under this sec- ment currently undertaken by— programs, and opportunities; and tion is unfilled for more than 365 calendar ‘‘(aa) the Bureau of Economic and Business (6) consistent with existing Department days, such position may be filled, as appro- Affairs; gift acceptance authority and other applica- priate, on a temporary basis, in accordance ‘‘(bb) the Bureau of Oceans and Inter- ble laws, the Department and Foreign Serv- with section 309.’’ after ‘‘Positions des- national Environmental and Scientific Af- ice Institute may accept funds and other re- ignated under this section are excepted from fairs; and sources from foundations, not-for-profit cor- the competitive service.’’; and ‘‘(cc) other offices within the Department porations, and other appropriate sources to (2) in paragraph (2) of section 502(a) (22 of State.’’. help the Department and the Institute en- U.S.C. 3982(a)), by inserting ‘‘, or domesti- SEC. 1011. NATIONAL MUSEUM OF AMERICAN DI- hance the quantity and quality of training cally, in a position working on issues relat- PLOMACY. offerings, especially in the introduction of ing to a particular country or geographic Title I of the State Department Basic Au- new, innovative, and pilot model courses. area,’’ after ‘‘geographic area’’. thorities Act of 1956 is amended by adding (b) TRAINING FLOAT.—Not later than 90 after section 63 (22 U.S.C. 2735) the following days after the date of the enactment of this SEC. 1010. ENERGY DIPLOMACY AND SECURITY new section: Act, the Secretary of State shall develop and WITHIN THE DEPARTMENT OF STATE. ‘‘SEC. 64. NATIONAL MUSEUM OF AMERICAN DI- submit to the appropriate congressional PLOMACY. committees a strategy to establish a ‘‘train- Section 1(c) of the State Department Basic ‘‘(a) ACTIVITIES.— ing float’’ to allow for up to 15 percent of the Authorities Act of 1956 (22 U.S.C. 2651a), as ‘‘(1) SUPPORT AUTHORIZED.—The Secretary Civil and Foreign Service to participate in amended by section 1004 of this Act, is fur- of State is authorized to provide, by con- long-term training at any given time. The ther amended— tract, grant, or otherwise, for the perform- strategy should identify steps necessary to (1) by redesignating paragraphs (4) and (5) ance of appropriate museum visitor and edu- ensure implementation of the training prior- (as redesignated pursuant to such section cational outreach services and related ities identified in subsection (c), sufficient 1004) as paragraphs (5) and (6); and events, including organizing programs and training capacity and opportunities are (2) by inserting after paragraph (3) (as conference activities, museum shop services available to Civil and Foreign Service offi- added pursuant to such section 1004) the fol- and food services in the public exhibition and cers, equitable distribution of long-term lowing new paragraph: related space utilized by the National Mu- training opportunities to Civil and Foreign ‘‘(4) ENERGY RESOURCES.— seum of American Diplomacy. Service officers, and any additional re- ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC- ‘‘(2) RECOVERY OF COSTS.—The Secretary of sources or authorities necessary to facilitate RETARY.—Subject to the numerical limita- State is authorized to recover any revenues such a training float, including programs at the George P. Schultz National Foreign Af- tion specified in paragraph (1), there is au- generated under the authority of paragraph fairs Training Center, the Foreign Service thorized to be established in the Department (1) for visitor and outreach services and re- Institute, the Foreign Affairs Security of State an Assistant Secretary of State for lated events referred to in such paragraph, Training Center, and other facilities or pro- Energy Resources. including fees for use of facilities at the Na- grams operated by the Department of State. ‘‘(B) PERSONNEL.—If the Department estab- tional Museum for American Diplomacy. The strategy shall identify which types of lishes an Assistant Secretary of State for Any such revenues may be retained as a retraining would be prioritized, the extent (if Energy Resources in accordance with the au- covery of the costs of operating the museum. any) to which such training is already being thorization provided in subparagraph (A), ‘‘(b) DISPOSITION OF NATIONAL MUSEUM OF provided to Civil and Foreign Service offi- the Secretary of State shall ensure there are AMERICAN DIPLOMACY DOCUMENTS, ARTI- cers by the Department of State, any factors sufficient personnel dedicated to energy FACTS, AND OTHER ARTICLES.— incentivizing or disincentivizing such train- matters within the Department of State ‘‘(1) PROPERTY.—All historic documents, ing, and why such training cannot be whose responsibilities shall include— artifacts, or other articles permanently ac- achieved without Civil and Foreign Service ‘‘(i) formulating and implementing inter- quired by the Department of State and deter- officers leaving the workforce. In addition to national policies aimed at protecting and ad- mined by the Secretary of State to be suit- training opportunities provided by the De- vancing United States energy security inter- able for display by the National Museum of partment, the strategy shall consider train- ests by effectively managing United States American Diplomacy shall be considered to ing that could be provided by the other bilateral and multilateral relations; be the property of the United States Govern- United States Government training institu- ‘‘(ii) ensuring that analyses of the national ment and shall be subject to disposition sole- tions, as well as non-governmental edu- security implications of global energy and ly in accordance with this subsection. cational institutions. The strategy shall con- environmental developments are reflected in ‘‘(2) SALE, TRADE, OR TRANSFER.—Whenever sider approaches to overcome disincentives the decision making process within the De- the Secretary of State makes the determina- to pursuing long-term training. partment; tion described in paragraph (3) with respect (c) PRIORITIZATION.—In order to provide the ‘‘(iii) incorporating energy security prior- to a document, artifact, or other article Civil and Foreign Service with the level of ities into the activities of the Department; under paragraph (1), the Secretary may sell education and training needed to effectively ‘‘(iv) coordinating energy activities of the at fair market value, trade, or transfer such advance United States interests across the Department with relevant Federal depart- document, artifact, or other article without globe, the Department of State should— ments and agencies; regard to the requirements of subtitle I of (1) increase its offerings— ‘‘(v) coordinating with the Office of Sanc- title 40, United States Code. The proceeds of (A) of virtual instruction to make training tions Coordination on economic sanctions any such sale may be used solely for the ad- more accessible to personnel deployed pertaining to the international energy sec- vancement of the mission of the National throughout the world; or tor; and Museum of American Diplomacy and may (B) at partner organizations to provide use- ‘‘(vi) working internationally to— not be used for any purpose other than the ful outside perspectives to Department per- ‘‘(I) support the development of energy re- acquisition and direct care of the collections sonnel; sources and the distribution of such re- of the museum. (2) offer courses utilizing computer-based sources for the benefit of the United States ‘‘(3) DETERMINATIONS PRIOR TO SALE, TRADE, or assisted simulations, allowing civilian of- and United States allies and trading partners OR TRANSFER.—The determination described ficers to lead decision-making in a crisis en- for their energy security and economic de- in this paragraph with respect to a docu- vironment; and velopment needs; ment, artifact, or other article under para- (3) consider increasing the duration and ex- ‘‘(II) promote availability of diversified en- graph (1), is a determination that— panding the focus of certain training ergy supplies and a well-functioning global ‘‘(A) such document, artifact, or other arti- courses, including— market for energy resources, technologies, cle no longer serves to further the purposes (A) the A-100 orientation course for For- and expertise for the benefit of the United of the National Museum of American Diplo- eign Service officers, and States and United States allies and trading macy as set forth in the collections manage- (B) the chief of mission course to more ac- partners; ment policy of the museum; curately reflect the significant responsibil- ‘‘(III) resolve international disputes re- ‘‘(B) the sale, trade, or transfer of such ities accompanying such role. garding the exploration, development, pro- document, artifact, or other article would (d) OTHER AGENCY RESPONSIBILITIES.— duction, or distribution of energy resources; serve to maintain the standards of the col- Other national security agencies should in- ‘‘(IV) support the economic and commer- lection of the museum; or crease the enrollment of their personnel in cial interests of United States persons oper- ‘‘(C) sale, trade, or transfer of such docu- courses at the Foreign Service Institute and ating in the energy markets of foreign coun- ment, artifact, or other article would be in other Department of State training facilities tries; the best interests of the United States. to promote a whole-of-government approach ‘‘(V) support and coordinate international ‘‘(4) LOANS.—In addition to the authoriza- to mitigating national security challenges. efforts to alleviate energy poverty; tion under paragraph (2) relating to the sale,

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2494 CONGRESSIONAL RECORD — HOUSE May 18, 2021 trade, or transfer of documents, artifacts, or ‘‘(B) promote genuine national reconcili- SEC. 1016. OFFICE OF GLOBAL CRIMINAL JUS- other articles under paragraph (1), the Sec- ation.’’; and TICE. retary of State may loan such documents, (B) in subsection (d)— (a) IN GENERAL.—There should be estab- artifacts, or other articles, when not needed (i) in the matter preceding paragraph (1), lished within the Department of State an Of- for use or display by the National Museum of by striking ‘‘six months’’ and inserting fice of Global Criminal Justice (referred to American Diplomacy to the Smithsonian In- ‘‘year’’; in this section as the ‘‘Office’’), which may stitution or a similar institution for repair, (ii) by redesignating paragraph (3) as para- be placed within the organizational struc- study, or exhibition.’’. graph (7); and ture of the Department at the discretion of SEC. 1012. EXTENSION OF PERIOD FOR REIM- (iii) by inserting after paragraph (2) the the Secretary. BURSEMENT OF FISHERMEN FOR following new paragraphs: (b) DUTIES.—The Office should carry out COSTS INCURRED FROM THE ILLE- ‘‘(3) improvements in human rights prac- the following: GAL SEIZURE AND DETENTION OF tices; (1) Advise the Secretary of State and other U.S.-FLAG FISHING VESSELS BY FOR- ‘‘(4) progress toward broad-based and inclu- relevant senior officials on issues related to EIGN GOVERNMENTS. sive economic growth; atrocities, including war crimes, crimes (a) IN GENERAL.—Subsection (e) of section against humanity, and genocide. 7 of the Fishermen’s Protective Act of 1967 ‘‘(5) progress toward genuine national reconciliation; (2) Assist in formulating United States pol- (22 U.S.C. 1977) is amended to read as follows: icy on the prevention of, responses to, and ‘‘(e) AMOUNTS.—Payments may be made ‘‘(6) progress on improving the quality of accountability for atrocities. under this section only to such extent and in life of the Burmese people, including such amounts as are provided in advance in progress relating to market reforms, living (3) Coordinate, as appropriate and with appropriation Acts.’’. standards, labor standards, use of forced other relevant Federal departments and (b) RETROACTIVE APPLICABILITY.— labor in the tourism industry, and environ- agencies, United States Government posi- (1) EFFECTIVE DATE.—The amendment mental quality; and’’. tions relating to the international and hy- made by subsection (a) shall take effect on (2) EFFECTIVE DATE.—The amendments brid courts currently prosecuting persons the date of the enactment of this Act and made by paragraph (1) shall take effect on suspected of atrocities around the world. apply as if the date specified in subsection the date of the enactment of this Act and (4) Work with other governments, inter- (e) of section 7 of the Fishermen’s Protective apply with respect to the first report re- national organizations, and nongovern- Act of 1967, as in effect on the day before the quired under subsection (d) of section 570 of mental organizations, as appropriate, to es- date of the enactment of this Act, were the Public Law 104–208 that is required after the tablish and assist international and domestic day after such date of enactment. date of the enactment of this Act. commissions of inquiry, fact-finding missions, and tribunals to investigate, docu- (2) AGREEMENTS AND PAYMENTS.—The Sec- (b) REPEALS.—The following provisions of retary of State is authorized to— law are hereby repealed: ment, and prosecute atrocities around the (A) enter into agreements pursuant to sec- (1) Subsection (b) of section 804 of Public world. tion 7 of the Fishermen’s Protective Act of Law 101–246. (5) Coordinate, as appropriate and with 1967 for any claims to which such section (2) Section 6 of Public Law 104–45. other relevant Federal departments and would otherwise apply but for the date speci- (3) Subsection (c) of section 702 of Public agencies, the deployment of diplomatic, fied in subsection (e) of such section, as in ef- Law 96–465 (22 U.S.C. 4022). legal, economic, military, and other tools to fect on the day before the date of the enact- (4) Section 404 of the Arms Control and help collect evidence of atrocities, judge ment of this Act; and Disarmament Act (22 U.S.C. 2593b). those responsible, protect and assist victims, (B) make payments in accordance with (5) Section 5 of Public Law 94–304 (22 U.S.C. enable reconciliation, prevent and deter agreements entered into pursuant to such 3005). atrocities, and promote the rule of law. section if any such payments have not been (6) Subsection (b) of section 502 of the (6) Provide advice and expertise on transi- made as a result of the expiration of the date International Security and Development Co- tional justice mechanisms to United States specified in such section, as in effect on the operation Act of 1985 (22 U.S.C. 2349aa–7). personnel operating in conflict and post-conflict environments. day before the date of the enactment of this (c) TECHNICAL AND CONFORMING AMEND- Act. (7) Act as a point of contact for inter- MENT.—Section 502 of the International Se- national, hybrid, and domestic tribunals ex- SEC. 1013. ART IN EMBASSIES. curity and Development Cooperation Act of (a) IN GENERAL.—No funds are authorized ercising jurisdiction over atrocities com- 1985 (22 U.S.C. 2349aa–7) is amended by redes- mitted around the world. to be appropriated for the purchase of any ignating subsection (c) as subsection (b). piece of art for the purposes of installation (8) Represent the Department on any inter- or display in any embassy, consulate, or SEC. 1015. REPORTING ON IMPLEMENTATION OF agency whole-of-government coordinating other foreign mission of the United States if GAO RECOMMENDATIONS. entities addressing genocide and other atroc- the purchase price of such piece of art is in (a) INITIAL REPORT.—Not later than 120 ities. excess of $25,000, unless such purchase is sub- days after the date of the enactment of this (9) Perform any additional duties and exer- ject to prior consultation with, and the reg- Act, the Secretary shall submit to the appro- cise such powers as the Secretary of State ular notification procedures of, the appropriate congressional committees a report may prescribe. priate congressional committees. that lists all of the Government Account- (c) SUPERVISION.—If established, the Office (b) REPORT.—Not later than 90 days after ability Office’s recommendations relating to shall be led by an Ambassador-at-Large for the date of the enactment of this Act, the the Department that have not been fully im- Global Criminal Justice who is nominated by Secretary of State shall submit to the appro- plemented. the President and appointed by and with the priate congressional committees a report on (b) IMPLEMENTATION REPORT.— advice and consent of the Senate. the costs of the Art in Embassies Program (1) IN GENERAL.—Not later than 120 days TITLE II—EMBASSY CONSTRUCTION for fiscal years 2012 through 2020. after the date of the submission of the report (c) SUNSET.—This section shall terminate SEC. 1201. EMBASSY SECURITY, CONSTRUCTION, required under subsection (a), the Secretary on the date that is two years after the date AND MAINTENANCE. shall submit to the appropriate congres- of the enactment of this Act. For ‘‘Embassy Security, Construction, and sional committees a report that describes (d) DEFINITION.—In this section, the term Maintenance’’, there is authorized to be ap- ‘‘art’’ includes paintings, sculptures, photo- the implementation status of each rec- propriated $1,950,449,000 for fiscal year 2022. graphs, industrial design, and craft art. ommendation from the Government Ac- SEC. 1202. STANDARD DESIGN IN CAPITAL CON- countability Office included in such report. SEC. 1014. AMENDMENT OR REPEAL OF REPORT- STRUCTION. ING REQUIREMENTS. (2) JUSTIFICATION.—The report under para- (a) SENSE OF CONGRESS.—It is the sense of (a) BURMA.— graph (1) shall include— Congress that the Department’s Bureau of (1) IN GENERAL.—Section 570 of Public Law (A) a detailed justification for each deci- Overseas Building Operations (OBO) or suc- 104–208 is amended— sion not to fully implement a recommenda- cessor office should give appropriate consid- (A) by amending subsection (c) to read as tion or to implement a recommendation in a eration to standardization in construction, follows: different manner than specified by the Gov- in which each new United States embassy ‘‘(c) MULTILATERAL STRATEGY.—The Presi- ernment Accountability Office; and consulate starts with a standard design dent shall develop, in coordination with like- (B) a timeline for the full implementation and keeps customization to a minimum. minded countries, a comprehensive, multi- of any recommendation the Secretary has (b) CONSULTATION.—The Secretary of State lateral strategy to— decided to adopt, but has not yet fully imple- shall carry out any new United States em- ‘‘(1) assist Burma in addressing corrosive mented; and bassy compound or new consulate compound malign influence of the People’s Republic of (C) an explanation for any discrepancies project that utilizes a non-standard design, China; and included in the Comptroller General report including those projects that are in the de- ‘‘(2) support democratic, constitutional, submitted under subsection (b). sign or pre-design phase as of the date of the economic, and security sector reforms in (c) FORM.—The information required in enactment of this Act, only in consultation Burma designed to— each report under this section shall be sub- with the appropriate congressional commit- ‘‘(A) advance democratic development and mitted in unclassified form, to the maximum tees. The Secretary shall provide the appro- improve human rights practices and the extent practicable, but may be included in a priate congressional committees, for each quality of life; and classified annex to the extent necessary. such project, the following documentation:

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2495 (1) A comparison of the estimated full State Authorities Act, Fiscal Year 2017 is for a NEC or NCC submitted after the date of lifecycle costs of the project to the esti- amended by amending the item relating to the enactment of this Act shall include the mated full lifecycle costs of such project if it section 118 to read as follows: growth assumption used pursuant to sub- were to use a standard design. ‘‘Sec. 118. Biannual report on overseas cap- section (c). (2) A comparison of the estimated comple- ital construction projects.’’. SEC. 1206. LONG-RANGE PLANNING PROCESS. tion date of such project to the estimated SEC. 1204. CONTRACTOR PERFORMANCE INFOR- (a) PLANS REQUIRED.— completion date of such project if it were to MATION. (1) IN GENERAL.—Not later than 180 days use a standard design. (a) DEADLINE FOR COMPLETION.—The Sec- after the date of the enactment of this Act (3) A comparison of the security of the retary of State shall complete all contractor and annually thereafter for the next five completed project to the security of such performance evaluations outstanding as of years as the Secretary of State considers ap- completed project if it were to use a stand- the date of the enactment of this Act re- propriate, the Secretary shall develop— ard design. quired by subpart 42.15 of the Federal Acqui- (A) a comprehensive 6-year plan docu- (4) A justification for the Secretary’s selec- sition Regulation for those contractors en- menting the Department’s overseas building tion of a non-standard design over a standard gaged in construction of new embassy or new program for the replacement of overseas dip- design for such project. consulate compounds by April 1, 2022. lomatic posts taking into account security (5) A written explanation if any of the doc- (b) PRIORITIZATION SYSTEM.— factors under the Secure Embassy Construc- umentation necessary to support the com- (1) IN GENERAL.—Not later than 90 days tion and Counterterrorism Act of 1999 and parisons and justification, as the case may after the date of the enactment of this Act, other relevant statutes and regulations, as be, described in paragraphs (1) through (4) the Secretary of State shall develop a well as occupational safety and health fac- cannot be provided. prioritization system for clearing the cur- tors pursuant to the Occupational Safety (c) SUNSET.—The consultation requirement rent backlog of required evaluations referred and Health Act of 1970 and other relevant under subsection (b) shall expire on the date to in subsection (a). statutes and regulations, including environ- that is 4 years after the date of the enact- (2) ELEMENTS.—The system required under mental factors such as indoor air quality ment of this Act. paragraph (1) should prioritize the evalua- that impact employee health and safety; and SEC. 1203. CAPITAL CONSTRUCTION TRANS- tions as follows: (B) a comprehensive 6-year plan detailing PARENCY. (A) Project completion evaluations should the Department’s long-term planning for the (a) IN GENERAL.—Section 118 of the Depart- be prioritized over annual evaluations. maintenance and sustainment of completed ment of State Authorities Act, Fiscal Year (B) Evaluations for relatively large con- diplomatic posts, which takes into account 2017 (22 U.S.C. 304) is amended— tracts should have priority. security factors under the Secure Embassy (1) in the section heading, by striking ‘‘AN- (C) Evaluations that would be particularly Construction and Counterterrorism Act of NUAL REPORT ON EMBASSY CONSTRUCTION informative for the awarding of government 1999 and other relevant statutes and regula- COSTS’’ and inserting ‘‘BIANNUAL REPORT ON contracts should have priority. tions, as well as occupational safety and OVERSEAS CAPITAL CONSTRUCTION PROJECTS’’; (c) BRIEFING.—Not later than 90 days after health factors pursuant to the Occupational and the date of the enactment of this Act, the Safety and Health Act of 1970 and other rel- (2) by striking subsections (a) and (b) and Secretary of State shall brief the appro- evant statutes and regulations, including en- inserting the following new subsections: priate congressional committees on the De- vironmental factors such as indoor air qual- ‘‘(a) IN GENERAL.—Not later than 180 days partment’s plan for completing all evalua- ity that impact employee health and safety. after the date of the enactment of this sub- tions by April 1, 2022, in accordance with sub- (2) INITIAL REPORT.—The first plan devel- section and every 180 days thereafter until section (a) and the prioritization system de- oped pursuant to paragraph (1)(A) shall also the date that is four years after such date of veloped pursuant to subsection (b). include a one-time status report on existing enactment, the Secretary of State shall sub- (d) SENSE OF CONGRESS.—It is the sense of mit to the appropriate congressional com- Congress that— small diplomatic posts and a strategy for es- mittees a comprehensive report regarding all (1) contractors deciding whether to bid on tablishing a physical diplomatic presence in ongoing overseas capital construction Department contracts would benefit from countries in which there is no current phys- projects and major embassy security upgrade greater understanding of the Department as ical diplomatic presence and with which the projects. a client; and United States maintains diplomatic rela- ‘‘(b) CONTENTS.—Each report required (2) the Department should develop a forum tions. Such report, which may include a clas- under subsection (a) shall include the fol- where contractors can comment on the De- sified annex, shall include the following: lowing with respect to each ongoing overseas partment’s project management perform- (A) A description of the extent to which capital construction project and major em- ance. each small diplomatic post furthers the national interest of the United States. bassy security upgrade project: SEC. 1205. GROWTH PROJECTIONS FOR NEW EM- ‘‘(1) The initial cost estimate as specified BASSIES AND CONSULATES. (B) A description of how each small diplo- in the proposed allocation of capital con- (a) IN GENERAL.—For each new United matic post provides American Citizen Serv- struction and maintenance funds required by States embassy compound (NEC) and new ices, including data on specific services pro- the Committees on Appropriations for Acts consulate compound project (NCC) in or not vided and the number of Americans receiving making appropriations for the Department yet in the design phase as of the date of the services over the previous year. of State, foreign operations, and related pro- enactment of this Act, the Department of (C) A description of whether each small grams. State shall project growth over the esti- diplomatic post meets current security re- ‘‘(2) The current cost estimate. mated life of the facility using all available quirements. ‘‘(3) The value of each request for equitable and relevant data, including the following: (D) A description of the full financial cost adjustment received by the Department to (1) Relevant historical trends for Depart- of maintaining each small diplomatic post. date. ment personnel and personnel from other (E) Input from the relevant chiefs of mis- ‘‘(4) The value of each certified claim re- agencies represented at the NEC or NCC that sion on any unique operational or policy ceived by the Department to date. is to be constructed. value the small diplomatic post provides. ‘‘(5) The value of any usage of the project’s (2) An analysis of the tradeoffs between (F) A recommendation of whether any contingency fund to date and the value of risk and the needs of United States Govern- small diplomatic posts should be closed. the remainder of the project’s contingency ment policy conducted as part of the most (3) UPDATED INFORMATION.—The annual up- fund. recent Vital Presence Validation Process, if dates of each of the plans developed pursuant ‘‘(6) An enumerated list of each request for applicable. to paragraph (1) shall highlight any changes adjustment and certified claim that remains (3) Reasonable assumptions about the stra- from the previous year’s plan to the ordering outstanding or unresolved. tegic importance of the NEC or NCC, as the of construction and maintenance projects. ‘‘(7) An enumerated list of each request for case may be, over the life of the building at (b) REPORTING REQUIREMENTS.— equitable adjustment and certified claim issue. (1) SUBMISSION OF PLANS TO CONGRESS.—Not that has been fully adjudicated or that the (4) Any other data that would be helpful in later than 60 days after the completion of Department has settled, and the final dollar projecting the future growth of NEC or NCC. each plan required under subsection (a), the amount of each adjudication or settlement. (b) OTHER FEDERAL AGENCIES.—The head of Secretary of State shall submit the plans to ‘‘(8) The date of estimated completion each Federal agency represented at a United the appropriate congressional committees. specified in the proposed allocation of cap- States embassy or consulate shall provide to (2) REFERENCE IN BUDGET JUSTIFICATION MA- ital construction and maintenance funds re- the Secretary, upon request, growth projec- TERIALS.—In the budget justification mate- quired by the Committees on Appropriations tions for the personnel of each such agency rials submitted to the appropriate congres- not later than 45 days after the date of the over the estimated life of each embassy or sional committees in support of the Depart- enactment of an Act making appropriations consulate, as the case may be. ment of State’s budget for any fiscal year (as for the Department of State, foreign oper- (c) BASIS FOR ESTIMATES.—The Department submitted with the budget of the President ations, and related programs. of State shall base its growth assumption for under section 1105(a) of title 31, United ‘‘(9) The current date of estimated comple- all NECs and NCCs on the estimates required States Code), the plans required under sub- tion.’’. under subsections (a) and (b). section (a) shall be referenced to justify (b) CLERICAL AMENDMENT.—The table of (d) CONGRESSIONAL NOTIFICATION.—Any funding requested for building and mainte- contents in section 1(b) of the Department of congressional notification of site selection nance projects overseas.

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(3) FORM OF REPORT.—Each report required extent practicable, such material shall be quirement was waived prior to January 2017, under paragraph (1) shall be submitted in un- provided to such employees prior to their ar- and for which there is not currently a waiv- classified form but may include a classified rival at a United States diplomatic post or er. annex. as soon as possible thereafter. (b) CERTIFICATION REQUIREMENT.—Not later (c) SMALL DIPLOMATIC POST DEFINED.—In SEC. 1211. CONTRACTING METHODS IN CAPITAL than 45 days after the date of the enactment this section, the term ‘‘small diplomatic CONSTRUCTION. of this Act, the Secretary of State shall cer- post’’ means any United States embassy or (a) DELIVERY.—Unless the Secretary of tify to the appropriate congressional com- consulate that has employed five or fewer State notifies the appropriate congressional mittees that the requirement in subsection United States Government employees or con- committees that the use of the design-build (a) has been met. tractors on average over the 36 months prior project delivery method would not be appro- SEC. 1302. STUDY ON FOREIGN SERVICE ALLOW- to the date of the enactment of this Act. priate, the Secretary shall make use of such ANCES. SEC. 1207. VALUE ENGINEERING AND RISK AS- method at United States diplomatic posts (a) REPORT REQUIRED.— SESSMENT. that have not yet received design or capital (1) IN GENERAL.—Not later than one year (a) FINDINGS.—Congress makes the fol- construction contracts as of the date of the after date of the enactment of this Act, the lowing findings: enactment of this Act. Secretary of State shall submit to the appro- (1) Federal departments and agencies are (b) NOTIFICATION.—Before executing a con- priate congressional committees a report de- required to use value engineering (VE) as a tract for a delivery method other than detailing an empirical analysis on the effect of management tool, where appropriate, to re- sign-build in accordance with subsection (a), overseas allowances on the foreign assign- duce program and acquisition costs pursuant the Secretary of State shall notify the ap- ment of Foreign Service officers (FSOs), to to OMB Circular A–131, Value Engineering, propriate congressional committees in writ- be conducted by a federally-funded research dated December 31, 2013. ing of the decision, including the reasons and development center with appropriate ex- (2) OBO has a Policy Directive and Stand- therefor. The notification required by this pertise in labor economics and military com- ard Operation Procedure, dated May 24, 2017, subsection may be included in any other re- pensation. on conducting risk management studies on port regarding a new United States diplo- (2) CONTENTS.—The analysis required under all international construction projects. matic post that is required to be submitted paragraph (1) shall— (b) NOTIFICATION REQUIREMENTS.— to the appropriate congressional commit- (A) identify all allowances paid to FSOs as- (1) SUBMISSION TO AUTHORIZING COMMIT- tees. signed permanently or on temporary duty to TEES.—Any notification that includes the al- (c) PERFORMANCE EVALUATION.—Not later foreign areas; location of capital construction and mainte- than 180 days after the date of the enactment (B) examine the efficiency of the Foreign nance funds shall be submitted to the Com- of this Act, the Secretary of State shall re- Service bidding system in determining for- mittee on Foreign Relations of the Senate port to the appropriate congressional com- eign assignments; and the Committee on Foreign Affairs of the mittees regarding performance evaluation (C) examine the factors that incentivize House of Representatives. measures in accordance with GAO’s ‘‘Stand- FSOs to bid on particular assignments, in- (2) REQUIREMENT TO CONFIRM COMPLETION ards for Internal Control in the Federal Gov- cluding danger levels and hardship condi- OF VALUE ENGINEERING AND RISK ASSESSMENT ernment’’ that will be applicable to design tions; STUDIES.—The notifications required under and construction, lifecycle cost, and building (D) examine the Department’s strategy and paragraph (1) shall include confirmation that maintenance programs of the Bureau of process for incentivizing FSOs to bid on as- the Department has completed the requisite Overseas Building Operations of the Depart- signments that are historically in lower de- VE and risk management process described ment. mand, including with monetary compensa- in subsection (a), or applicable successor SEC. 1212. COMPETITION IN EMBASSY CON- tion, and whether monetary compensation is process. STRUCTION. necessary for assignments in higher demand; (c) REPORTING AND BRIEFING REQUIRE- Not later than 45 days after the date of the (E) make any relevant comparisons to MENTS.—The Secretary of State shall provide enactment of this Act, the Secretary of military compensation and allowances, not- to the appropriate congressional committees State shall submit to the appropriate con- ing which allowances are shared or based on upon request— gressional committee a report detailing the same regulations; (1) a description of each risk management steps the Department of State is taking to (F) recommend options for restructuring study referred to in subsection (a)(2) and a expand the embassy construction contractor allowances to improve the efficiency of the table detailing which recommendations re- base in order to increase competition and assignments system and better align FSO in- lated to each such study were accepted and maximize value. centives with the needs of the Foreign Serv- which were rejected; and ice, including any cost savings associated (2) a report or briefing detailing the ration- SEC. 1213. STATEMENT OF POLICY. It is the policy of the United States that with such restructuring; ale for not implementing any such rec- (G) recommend any statutory changes nec- ommendations that may otherwise yield sig- the Bureau of Overseas Building Operations of the Department or its successor office essary to implement subparagraph (F), such nificant cost savings to the Department if as consolidating existing legal authorities implemented. shall continue to balance functionality and security with accessibility, as defined by for the provision of hardship and danger pay; SEC. 1208. BUSINESS VOLUME. guidelines established by the United States and Section 402(c)(2)(E) of the Omnibus Diplo- Access Board in constructing embassies and (H) detail any effects of recommendations matic Security and Antiterrorism Act of 1986 consulates, and shall ensure compliance with made pursuant to subparagraphs (F) and (G) (22 U.S.C. 4852(c)(2)(E)) is amended by strik- the Architectural Barriers Act of 1968 (42 on other United States Government departing ‘‘in 3 years’’ and inserting ‘‘cumulatively U.S.C. 4151 et seq.) to the fullest extent pos- ments and agencies with civilian employees over 3 years’’. sible. permanently assigned or on temporary duty SEC. 1209. EMBASSY SECURITY REQUESTS AND in foreign areas, following consultation with SEC. 1214. DEFINITIONS. DEFICIENCIES. such departments and agencies. In this title: The Secretary of State shall provide to the (b) BRIEFING REQUIREMENT.—Before initi- (1) DESIGN-BUILD.—The term ‘‘design- appropriate congressional committees, the ating the analysis required under subsection build’’ means a method of project delivery in Committee on Armed Services of the House (a)(1), and not later than 60 days after the which one entity works under a single con- of Representatives, and the Committee on date of the enactment of this Act, the Sec- tract with the Department to provide design Armed Services of the Senate upon request retary of State shall provide to the Com- and construction services. information on physical security deficiencies mittee on Foreign Relations of the Senate (2) NON-STANDARD DESIGN.—The term ‘‘non- at United States diplomatic posts, including and the Committee on Foreign Affairs in the standard design’’ means a design for a new relating to the following: House of Representatives a briefing on the embassy compound project or new consulate (1) Requests made over the previous year implementation of this section that includes compound project that does not utilize a by United States diplomatic posts for secu- the following: standardized design for the structural, spa- rity upgrades. (1) The name of the federally funded re- tial, or security requirements of such em- (2) Significant security deficiencies at search and development center that will con- bassy compound or consulate compound, as United States diplomatic posts that are not duct such analysis. the case may be. operating out of a new embassy compound or (2) The scope of such analysis and terms of new consulate compound. TITLE III—PERSONNEL ISSUES reference for such analysis as specified be- SEC. 1210. OVERSEAS SECURITY BRIEFINGS. SEC. 1301. DEFENSE BASE ACT INSURANCE WAIV- tween the Department of State and such fed- Not later than one year after the date of ERS. erally funded research and development cen- the enactment of this Act, the Secretary of (a) APPLICATION FOR WAIVERS.—Not later ter. State shall revise the Foreign Affairs Man- than 30 days after the date of the enactment (c) AVAILABILITY OF INFORMATION.— ual to stipulate that information on the cur- of this Act, the Secretary of State shall (1) IN GENERAL.—The Secretary of State rent threat environment shall be provided to apply to the Department of Labor for a waiv- shall make available to the federally-funded all United States Government employees er from insurance requirements under the research and development center carrying under chief of mission authority traveling to Defense Base Act (42 U.S.C. 1651 et seq.) for out the analysis required under subsection a foreign country on official business. To the all countries with respect to which the re- (a)(1) all necessary and relevant information

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2497 to allow such center to conduct such anal- SEC. 1305. HOME LEAVE TRAVEL FOR SEPARATED (A) a justification that describes how any ysis in a quantitative and analytical man- FAMILIES. proposed workforce reduction enhances the ner, including historical data on the number Section 903(b) of the Foreign Service Act of effectiveness of the Department; of bids for each foreign assignment and any 1980 (22 U.S.C. 4083(b)) is amended by adding (B) a certification that such workforce re- survey data collected by the Department of at the end the following new sentence: ‘‘In duction is in the national interest of the State from eligible bidders on their bid deci- cases in which a member of the Service has United States; sion-making. official orders to an unaccompanied post and (C) a comprehensive strategic staffing plan (2) COOPERATION.—The Secretary of State in which the family members of the member for the Department, including 5-year work- shall work with the heads of other relevant reside apart from the member at authorized force forecasting and a description of the an- United States Government departments and locations outside the United States, the ticipated impact of any proposed workforce agencies to ensure such departments and member may take the leave ordered under reduction; and agencies provide all necessary and relevant this section where that member’s family (D) a dataset displaying comprehensive information to the federally-funded research members reside, notwithstanding section workforce data for all current and planned and development center carrying out the 6305 of title 5, United States Code.’’. employees of the Department, disaggregated analysis required under subsection (a)(1). SEC. 1306. SENSE OF CONGRESS REGARDING by— CERTAIN FELLOWSHIP PROGRAMS. (i) Foreign Service officer and Foreign (d) INTERIM REPORT TO CONGRESS.—The It is the sense of Congress that Depart- Service specialist rank; Secretary of State shall require that the ment fellowships that promote the employ- (ii) civil service job skill code, grade level, chief executive officer of the federally-fund- ment of candidates belonging to under-rep- and bureau of assignment; ed research and development center that car- resented groups, including the Charles B. (iii) contracted employees, including the ries out the analysis required under sub- Rangel International Affairs Graduate Fel- equivalent job skill code and bureau of as- section (a)(1) submit to the Committee on lowship Program, the Thomas R. Pickering signment; and Foreign Relations of the Senate and the Foreign Affairs Fellowship Program, and the (iv) employees hired under schedule C of Committee on Foreign Affairs of the House Donald M. Payne International Development subpart C of part 213 of title 5, Code of Fed- of Representatives an interim report on such Fellowship Program, represent smart invest- eral Regulations, including their equivalent analysis not later than 180 days after the ments vital for building a strong, capable, date of the enactment of this Act. and representative national security work- grade and job skill code and bureau of as- force. signment. SEC. 1303. SCIENCE AND TECHNOLOGY FELLOW- SEC. 1310. SENSE OF CONGRESS REGARDING VET- SHIPS. SEC. 1307. TECHNICAL CORRECTION. Subparagraph (A) of section 601(c)(6) of the ERANS EMPLOYMENT AT THE DE- PARTMENT OF STATE. Section 504 of the Foreign Relations Au- Foreign Service Act of 1980 (22 U.S.C. It is the sense of Congress that— thorization Act, Fiscal Year 1979 (22 U.S.C. 4001(c)(6)) is amended, in the matter pre- (1) the Department of State should con- 2656d) is amended by adding at the end the ceding clause (i), by— tinue to promote the employment of vet- following new subsection: (1) striking ‘‘promotion’’ and inserting erans, in accordance with section 301 of the ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS ‘‘promotion, on or after January 1, 2017,’’; Foreign Service Act of 1980 (22 U.S.C. 3941), RELATED TO SCIENCE AND TECHNOLOGY FEL- and as amended by section 1407 of this Act, in- LOWSHIP PROGRAMS.— (2) striking ‘‘individual joining the Service cluding those veterans belonging to tradi- ‘‘(1) IN GENERAL.—The Secretary of State is on or after January 1, 2017,’’ and inserting tionally under-represented groups at the De- authorized to make grants or enter into co- ‘‘Foreign Service officer, appointed under partment; operative agreements related to Department section 302(a)(1), who has general responsi- (2) veterans employed by the Department of State science and technology fellowship bility for carrying out the functions of the have made significant contributions to programs, including for assistance in recruit- Service’’. United States foreign policy in a variety of ing fellows and the payment of stipends, SEC. 1308. FOREIGN SERVICE AWARDS. regional and global affairs bureaus and diplo- travel, and other appropriate expenses to fel- (a) IN GENERAL.—Section 614 of the Foreign matic posts overseas; and lows. Service Act of 1980 (22 U.S.C. 4013) is amend- (3) the Department should continue to en- ‘‘(2) EXCLUSION FROM CONSIDERATION AS ed— courage veteran employment and facilitate COMPENSATION.—Stipends under paragraph (1) by amending the section heading to their participation in the workforce. (1) shall not be considered compensation for read as follows: ‘‘DEPARTMENT AWARDS’’; and purposes of section 209 of title 18, United (2) in the first sentence, by inserting ‘‘or SEC. 1311. EMPLOYEE ASSIGNMENT RESTRIC- States Code. Civil Service’’ after ‘‘the Service’’. TIONS AND PRECLUSIONS. ‘‘(3) MAXIMUM ANNUAL AMOUNT.—The total (b) CONFORMING AMENDMENT.—The item re- (a) SENSE OF CONGRESS.—It is the sense of amount of grants made pursuant to this sub- lating to section 614 in the table of contents Congress that the Department of State section may not exceed $500,000 in any fiscal of the Foreign Service Act of 1980 is amended should expand the appeal process it makes year.’’. to read as follows: available to employees related to assignment ‘‘Sec. 614. Department awards.’’. preclusions and restrictions. SEC. 1304. TRAVEL FOR SEPARATED FAMILIES. (b) APPEAL OF ASSIGNMENT RESTRICTION OR SEC. 1309. WORKFORCE ACTIONS. PRECLUSION.—Subsection (a) of section 414 of Section 901(15) of the Foreign Service Act (a) SENSE OF CONGRESS ON WORKFORCE RE- the Department of State Authorities Act, of 1980 (22 U.S.C. 4081(15)) is amended— CRUITMENT.—It is the sense of Congress that (1) in the matter preceding subparagraph the Secretary of State should continue to Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amend- (A), by striking ‘‘1 round-trip per year for hold entry-level classes for Foreign Service ed by adding at the end the following new each child below age 21 of a member of the officers and specialists and continue to re- sentences: ‘‘Such right and process shall en- Service assigned abroad’’ and inserting ‘‘in cruit civil servants through programs such sure that any employee subjected to an as- the case of one or more children below age 21 as the Presidential Management Fellows signment restriction or preclusion shall have of a member of the Service assigned abroad, Program and Pathways Internship Programs the same appeal rights as provided by the one round-trip per year’’; in a manner and at a frequency consistent Department regarding denial or revocation (2) in subparagraph (A)— with prior years and consistent with the of a security clearance. Any such appeal (A) by inserting ‘‘for each child’’ before ‘‘to need to maintain a pool of experienced per- shall be resolved not later than 60 days after visit the member abroad’’; and sonnel effectively distributed across skill such appeal is filed.’’. (B) by striking ‘‘; or’’ and inserting a codes and ranks. It is further the sense of (c) NOTICE AND CERTIFICATION.—Not later comma; Congress that absent continuous recruit- than 90 days after the date of the enactment (3) in subparagraph (B)— ment and training of Foreign Service officers of this Act, the Secretary of State shall re- (A) by inserting ‘‘for each child’’ before ‘‘to and civil servants, the Department of State vise, and certify to the Committee on For- visit the other parent’’; and will lack experienced, qualified personnel in eign Affairs of the House of Representatives (B) by inserting ‘‘or’’ after ‘‘resides,’’; the short, medium, and long terms. and the Committee on Foreign Relations of (4) by inserting after subparagraph (B) the (b) LIMITATION.—The Secretary of State the Senate regarding such revision, the For- following new subparagraph: should not implement any reduction-in-force eign Affairs Manual guidance regarding de- ‘‘(C) for one of the child’s parents to visit action under section 3502 or 3595 of title 5, nial or revocation of a security clearance to the child or children abroad if the child or United States Code, or for any incentive pay- expressly state that all review and appeal children do not regularly reside with that ments for early separation or retirement rights relating thereto shall also apply to parent and that parent is not receiving an under any other provision of law unless— any recommendation or decision to impose education allowance or educational travel (1) the appropriate congressional commit- an assignment restriction or preclusion to an allowance for the child or children under sec- tees are notified not less than 15 days in ad- employee. tion 5924(4) of title 5, United States Code,’’; vance of such obligation or expenditure; and SEC. 1312. RECALL AND REEMPLOYMENT OF CA- and (2) the Secretary has provided to the ap- REER MEMBERS. (5) in the matter following subparagraph propriate congressional committees a de- (a) SENSE OF CONGRESS.—It is the sense of (C), as added by paragraph (4) of this section, tailed report that describes the Department Congress that— by striking ‘‘a payment’’ and inserting ‘‘the of State’s strategic staffing goals, includ- (1) career Department of State employees cost of round-trip travel’’. ing— provide invaluable service to the United

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2498 CONGRESSIONAL RECORD — HOUSE May 18, 2021 States as nonpartisan professionals who con- service cone that should be posted at each (3) by inserting after paragraph (4) the fol- tribute subject matter expertise and profes- United States diplomatic post and in the lowing new paragraphs: sional skills to the successful development District of Columbia, with a detailed basis ‘‘(5) For each member of the Service sus- and execution of United States foreign pol- for such recommendations. pended under paragraph (1)(A) whose secu- icy; and (3) Recommendations on the number of rity clearance remains suspended for more (2) reemployment of skilled former mem- civil service officers that should be employed than one calendar year, not later than 30 bers of the Foreign and civil service who by the Department, with a detailed basis for days after the end of such calendar year the have voluntarily separated from the Foreign such recommendations. Secretary of State shall report to the Com- or civil service due to family reasons or to (b) MAINTENANCE.—The dataset required mittee on Foreign Affairs of the House of obtain professional skills outside govern- under subsection (a)(1) shall be maintained Representatives and the Committee on For- ment is of benefit to the Department. and updated on a regular basis. eign Relations of the Senate in writing re- (b) NOTICE OF EMPLOYMENT OPPORTUNITIES (c) CONSULTATION.—The Secretary of State garding the specific reasons relating to the FOR DEPARTMENT OF STATE AND USAID POSI- shall lead the development of the plan re- duration of each such suspension. TIONS.— quired under subsection (a) but may consult ‘‘(6) Any member of the Service suspended (1) IN GENERAL.—Title 5, United States or partner with private sector entities with under paragraph (1)(B) may be suspended Code, is amended by inserting after chapter expertise in labor economics, management, without pay only after a final written deci- 102 the following new chapter: or human resources, as well as organizations sion is provided to such member pursuant to ‘‘CHAPTER 103—NOTICE OF EMPLOYMENT familiar with the demands and needs of the paragraph (2).’’; and OPPORTUNITIES FOR DEPARTMENT OF Department of State’s workforce. (4) in paragraph (7), as so redesignated— STATE AND USAID POSITIONS (d) REPORT.—Not later than 120 days after (A) by striking ‘‘(7) In this subsection:’’; the date of the enactment of this Act, the (B) in subparagraph (A), by striking ‘‘(A) ‘‘Sec. Secretary of State shall submit to the appro- The term’’ and inserting the following: ‘‘10301. Notice of employment opportunities priate congressional committees a report re- ‘‘(7) In this subsection, the term—’’; for Department of State and garding root causes of Foreign Service and (C) by redesignating clauses (i) and (ii) as USAID positions. civil service shortages, the effect of such subparagraphs (A) and (B), respectively, and ‘‘§ 10301. Notice of employment opportunities shortages on national security objectives, moving such subparagraphs 2 ems to the left; for Department of State and USAID posi- and the Department of State ’s plan to im- and tions plement recommendations described in GAO– (D) by striking subparagraph (B) (relating ‘‘To ensure that individuals who have sepa- 19–220. to the definition of ‘‘suspend’’ and ‘‘suspen- rated from the Department of State or the SEC. 1314. CONSULTING SERVICES. sion’’). SEC. 1318. FOREIGN AFFAIRS MANUAL AND FOR- United States Agency for International De- (a) IN GENERAL.—Chapter 103 of title 5, velopment and who are eligible for re- EIGN AFFAIRS HANDBOOK United States Code, as added by section CHANGES. appointment are aware of such opportuni- 1312(b) of this Act, is amended by adding at (a) APPLICABILITY.—The Foreign Affairs ties, the Department of State and the United the end the following: States Agency for International Develop- Manual and the Foreign Affairs Handbook ‘‘§ 10302. Consulting services for the Depart- ment shall publicize notice of all employ- apply with equal force and effect and with- ment of State ment opportunities, including positions for out exception to all Department of State which the relevant agency is accepting appli- ‘‘Any consulting service obtained by the personnel, including the Secretary of State, cations from individuals within the agency’s Department of State through procurement Department employees, and political ap- workforce under merit promotion proce- contract pursuant to section 3109 of title 5, pointees, regardless of an individual’s status dures, on publicly accessible sites, including United States Code, shall be limited to those as a Foreign Service officer, Civil Service www.usajobs.gov. If using merit promotion contracts with respect to which expenditures employee, or political appointee hired under procedures, the notice shall expressly state are a matter of public record and available any legal authority. (b) CERTIFICATION.—Not later than 30 days that former employees eligible for reinstate- for public inspection, except if otherwise after the date of the enactment of this Act, ment may apply.’’. provided under existing law, or under exist- the Secretary of State shall submit to the (2) CLERICAL AMENDMENT.—The table of ing Executive order issued pursuant to exist- chapters at the beginning of part III of title ing law.’’. appropriate congressional committees a cer- 5, United States Code, is amended by adding (b) CLERICAL AMENDMENT.—The table of tification in unclassified form that the appli- at the end of subpart I the following: sections for chapter 103 of title 5, United cability described in subsection (a) has been States Code, as added by section 1312(b) of communicated to all Department personnel, ‘‘103. Notice of employment opportu- this Act, is amended by adding after the including the personnel referred to in such nities for Department of State item relating to section 10301 the following subsection. and USAID positions ...... 10301’’. new item: (c) REPORT.— SEC. 1313. STRATEGIC STAFFING PLAN FOR THE (1) IN GENERAL.—Not later than 180 days ‘‘10302. Consulting services for the Depart- DEPARTMENT OF STATE. after the date of the enactment of this Act ment of State’’. (a) IN GENERAL.—Not later than 18 months and every 180 days thereafter for five years, after the date of the enactment of this Act, SEC. 1315. INCENTIVES FOR CRITICAL POSTS. the Secretary of State shall submit to the the Secretary of State shall submit to the Section 1115(d) of the Supplemental Appro- appropriate congressional committees a re- appropriate congressional committees a priations Act, 2009 (Public Law 111–32) is port detailing all significant changes made comprehensive 5-year strategic staffing plan amended by striking the last sentence. to the Foreign Affairs Manual or the Foreign for the Department of State that is aligned SEC. 1316. EXTENSION OF AUTHORITY FOR CER- Affairs Handbook. with and furthers the objectives of the Na- TAIN ACCOUNTABILITY REVIEW (2) COVERED PERIODS.—The first report re- tional Security Strategy of the United BOARDS. quired under paragraph (1) shall cover the 5- States of America issued in December 2017, Section 301(a)(3) of the Omnibus Diplo- year period preceding the submission of such or any subsequent strategy issued not later matic Security and Antiterrorism Act of 1986 report. Each subsequent report shall cover than 18 months after the date of the enact- (22 U.S.C. 4831(a)(3)) is amended— the 180-day period preceding submission. ment of this Act, which shall include the fol- (1) in the heading, by striking ‘‘AFGHANI- (3) CONTENTS.—Each report required under lowing: STAN AND’’ and inserting ‘‘AFGHANISTAN, paragraph (1) shall contain the following: (1) A dataset displaying comprehensive YEMEN, SYRIA, AND’’; and (A) The location within the Foreign Affairs workforce data, including all shortages in (2) in subparagraph (A)— Manual or the Foreign Affairs Handbook bureaus described in GAO report GAO–19–220, (A) in clause (i), by striking ‘‘Afghanistan where a change has been made. for all current and planned employees of the or’’ and inserting ‘‘Afghanistan, Yemen, (B) The statutory basis for each such Department, disaggregated by— Syria, or’’; and change, as applicable. (A) Foreign Service officer and Foreign (B) in clause (ii), by striking ‘‘beginning on (C) A side-by-side comparison of the For- Service specialist rank; October 1, 2005, and ending on September 30, eign Affairs Manual or Foreign Affairs Hand- (B) civil service job skill code, grade level, 2009’’ and inserting ‘‘beginning on October 1, book before and after such change. and bureau of assignment; 2020, and ending on September 30, 2022’’. (D) A summary of such changes displayed (C) contracted employees, including the SEC. 1317. FOREIGN SERVICE SUSPENSION WITH- in spreadsheet form. equivalent job skill code and bureau of as- OUT PAY. SEC. 1319. WAIVER AUTHORITY FOR INDIVIDUAL signment; Subsection (c) of section 610 of the Foreign OCCUPATIONAL REQUIREMENTS OF (D) employees hired under schedule C of Service Act of 1980 (22 U.S.C. 4010) is amend- CERTAIN POSITIONS. subpart C of part 213 of title 5, Code of Fed- ed— The Secretary of State may waive any or eral Regulations, including the equivalent (1) in paragraph (1), in the matter pre- all of the individual occupational require- grade and job skill code and bureau of as- ceding subparagraph (A), by striking ‘‘sus- ments with respect to an employee or pro- signment of such employee; and pend’’ and inserting ‘‘indefinitely suspend spective employee of the Department of (E) overseas region. without duties’’; State for a civilian position categorized (2) Recommendations on the number of (2) by redesignating paragraph (5) as para- under the GS–0130 occupational series if the Foreign Service officers disaggregated by graph (7); Secretary determines that the individual

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2499 possesses significant scientific, techno- ing with the day immediately before the first ing on the internet, through the Department logical, engineering, or mathematical exper- day of the first complete pay period in the of State’s Diplomats in Residence program, tise that is integral to performing the duties following calendar year. and through other outreach and recruiting of the applicable position, based on dem- ‘‘(b) LEAVE FOR OVERSEAS OPERATIONS.— initiatives targeting undergraduate and onstrated job performance and qualifying ex- The head of an agency may prescribe regula- graduate students. The Secretary shall ac- perience. With respect to each waiver grant- tions to grant up to 10 days of paid leave, per tively encourage people belonging to tradi- ed under this subsection, the Secretary shall leave year, to an employee of the agency tionally under-represented groups in terms set forth in a written document that is serving abroad where the conduct of business of racial, ethnic, geographic, and gender di- transmitted to the Director of the Office of could pose potential security or safety re- versity, and disability status to apply to the Personnel Management the rationale for the lated risks or would be inconsistent with Program, including by conducting targeted decision of the Secretary to waive such re- host-country practice. Such regulations may outreach at minority serving institutions (as quirements. provide that additional leave days may be such term is described in section 371(a) of the SEC. 1320. APPOINTMENT OF EMPLOYEES TO THE granted during such leave year if the head of Higher Education Act of 1965 (20 U.S.C. GLOBAL ENGAGEMENT CENTER. the agency determines that to do so is nec- 1067q(a)). The Secretary of State may appoint, for a essary to advance the national security or (e) COMPENSATION.— 3-year period that may be extended for up to foreign policy interests of the United States. (1) IN GENERAL.—Students participating in an additional two years, solely to carry out ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY the Program shall be paid at least— the functions of the Global Engagement Cen- HEAD.—Use of the authority under sub- (A) the amount specified in section 6(a)(1) ter, employees of the Department of State section (b) is at the sole and exclusive discre- of the Fair Labor Standards Act of 1938 (29 without regard to the provisions of title 5, tion of the head of the agency concerned. U.S.C. 206(a)(1)), or United States Code, governing appointment ‘‘(d) RECORDS.—An agency shall record (B) the minimum wage of the jurisdiction in the competitive service, and may fix the leave provided under this section separately in which the internship is located, basic compensation of such employees with- from leave authorized under any other provi- whichever is greater. sion of law.’’. out regard to chapter 51 and subchapter III of (2) HOUSING ASSISTANCE.— (b) CLERICAL AMENDMENTS.—The table of chapter 53 of such title. (A) ABROAD.—The Secretary of State shall sections at the beginning of such chapter is SEC. 1321. REST AND RECUPERATION AND OVER- provide housing assistance to a student par- amended by inserting after the item relating SEAS OPERATIONS LEAVE FOR FED- ticipating in the Program whose permanent to section 6329c the following new items: ERAL EMPLOYEES. address is within the United States if the lo- (a) IN GENERAL.—Subchapter II of chapter ‘‘6329d. Rest and recuperation leave cation of the internship in which such stu- 63 of title 5, United States Code, is amended ‘‘6329e. Overseas operations leave’’. dent is participating is outside the United by adding at the end the following new sec- SEC. 1322. EMERGENCY MEDICAL SERVICES AU- States. THORITY. tions: (B) DOMESTIC.—The Secretary of State is Section 3 of the State Department Basic ‘‘§ 6329d. Rest and recuperation leave authorized to provide housing assistance to a Authorities Act of 1956 (22 U.S.C. 2670) is ‘‘(a) DEFINITIONS.—In this section— student participating in the Program whose amended— ‘‘(1) the term ‘agency’ means an Executive permanent address is within the United (1) in subsection (l), by striking ‘‘and’’ agency (as that term is defined in section States if the location of the internship in after the semicolon; 105), but does not include the Government which such student is participating is more (2) in subsection (m), by striking the period Accountability Office; than 50 miles away from such student’s per- and inserting ‘‘; and’’; and ‘‘(2) the term ‘combat zone’ means a geo- manent address. (3) by adding at the end the following new graphic area designated by an Executive (3) TRAVEL ASSISTANCE.—The Secretary of subsection: order of the President as an area in which State shall provide a student participating ‘‘(n) in exigent circumstances, as deter- the Armed Forces are engaging or have en- in the Program whose permanent address is mined by the Secretary, provide emergency gaged in combat, an area designated by law within the United States financial assistance medical services or related support for pri- to be treated as a combat zone, or a location to cover the costs of travel once to and once vate United States citizens, nationals, and the Department of Defense has certified for from the location of the internship in which permanent resident aliens abroad, or third combat zone tax benefits due to its direct such student is participating, including trav- country nationals connected to such persons support of military operations; el by air, train, bus, or other transit as ap- or to the diplomatic or development mis- ‘‘(3) the term ‘employee’ has the meaning propriate, if the location of such internship sions of the United States abroad, who are given that term in section 6301; is— unable to obtain such services or support ‘‘(4) the term ‘high risk, high threat post’ (A) more than 50 miles from such student’s otherwise, with such assistance provided on has the meaning given that term in section permanent address; or a reimbursable basis to the extent feasible.’’. 104 of the Omnibus Diplomatic Security and (B) outside the United States. SEC. 1323. DEPARTMENT OF STATE STUDENT IN- Antiterrorism Act of 1986 (22 U.S.C. 4803); and TERNSHIP PROGRAM. (f) WORKING WITH INSTITUTIONS OF HIGHER ‘‘(5) the term ‘leave year’ means the period (a) IN GENERAL.—The Secretary of State EDUCATION.—The Secretary of State is au- beginning on the first day of the first com- shall establish the Department of State Stu- thorized to enter into agreements with insti- plete pay period in a calendar year and end- dent Internship Program (in this section re- tutions of higher education to structure in- ing on the day immediately before the first ferred to as the ‘‘Program’’) to offer intern- ternships to ensure such internships satisfy day of the first complete pay period in the ship opportunities at the Department of criteria for academic programs in which par- following calendar year. State to eligible students to raise awareness ticipants in such internships are enrolled. ‘‘(b) LEAVE FOR REST AND RECUPERATION.— of the essential role of diplomacy in the con- (g) TRANSITION PERIOD.— The head of an agency may prescribe regula- duct of United States foreign policy and the (1) IN GENERAL.—Not later than two years tions to grant up to 20 days of paid leave, per realization of United States foreign policy after the date of the enactment of this Act, leave year, for the purposes of rest and recu- objectives. the Secretary of State shall transition all peration to an employee of the agency serv- (b) ELIGIBILITY.—To be eligible to partici- unpaid internship programs of the Depart- ing in a combat zone, any other high risk, pate in the Program, an applicant shall— ment, including the Foreign Service Intern- high threat post, or any other location pre- (1) be enrolled, not less than half-time, at— ship Program, to internship programs that senting significant security or operational (A) an institution of higher education (as offer compensation. Upon selection as a can- challenges. such term is defined section 102 of the Higher didate for entry into an internship program ‘‘(c) DISCRETIONARY AUTHORITY OF AGENCY Education Act of 1965 (20 U.S.C. 1002)); or of the Department after such date, a partici- HEAD.—Use of the authority under sub- (B) an institution of higher education pant in such internship program shall be af- section (b) is at the sole and exclusive discre- based outside the United States, as deter- forded the opportunity to forgo compensation of the head of the agency concerned. mined by the Secretary of State; tion, including if doing so allows such partic- ‘‘(d) RECORDS.—An agency shall record (2) be able to receive and hold an appro- ipant to receive college or university cur- leave provided under this section separately priate security clearance; and ricular credit. from leave authorized under any other provi- (3) satisfy such other criteria as estab- (2) EXCEPTION.—The transition required sion of law. lished by the Secretary. under paragraph (1) shall not apply in the ‘‘§ 6329e. Overseas operations leave (c) SELECTION.—The Secretary of State case of unpaid internship programs of the ‘‘(a) DEFINITIONS.—In this section— shall establish selection criteria for students Department of State that are part of the Vir- ‘‘(1) the term ‘agency’ means an Executive to be admitted into the Program that in- tual Student Federal Service internship pro- agency (as that term is defined in section cludes the following: gram. 105), but does not include the Government (1) Demonstrable interest in a career in (3) WAIVER.— Accountability Office; foreign affairs. (A) IN GENERAL.—The Secretary may waive ‘‘(2) the term ‘employee’ has the meaning (2) Academic performance. the requirement under this subsection to given that term in section 6301; and (3) Such other criteria as determined by transition an unpaid internship program of ‘‘(3) the term ‘leave year’ means the period the Secretary. the Department to an internship program beginning with the first day of the first com- (d) OUTREACH.—The Secretary of State that offers compensation if the Secretary de- plete pay period in a calendar year and end- shall advertise the Program widely, includ- termines and not later than 30 days after any

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2500 CONGRESSIONAL RECORD — HOUSE May 18, 2021 such determination submits to the appro- and the Foreign Affairs Handbook to explic- General in consultation with the Committee priate congressional committees a report itly specify, that if any of such personnel on Foreign Affairs of the House of Represent- that to do so would not be consistent with ef- does not comply within 60 days with a re- atives and the Committee on Foreign Rela- fective management goals. quest for an interview or access to docu- tions of the Senate.’’. (B) REPORT.—The report required under ments from the Office of the Inspector Gen- (b) CONSULTATION AND GUIDANCE.— subparagraph (A) shall describe the reason eral of the Department such personnel may (1) CONSULTATION.—Not later than 30 days why transitioning an unpaid internship pro- be subject to appropriate administrative dis- after the date of the enactment of this Act, gram of the Department to an internship cipline including, when circumstances war- the Director General of the Foreign Service program that offers compensation would not rant, suspension without pay or removal. shall consult with the Committee on Foreign be consistent with effective management (b) REPORT.— Affairs of the House of Representatives and goals, including any justification for main- (1) IN GENERAL.—Not later than 180 days the Committee on Foreign Relations of the taining such unpaid status indefinitely, or after the date of the enactment of this Act Senate regarding the development of the gap any additional authorities or resources nec- and on a quarterly basis thereafter, the Of- memo under subsection (c) of section 603 of essary to transition such unpaid program to fice of the Inspector General of the Depart- the Foreign Service Act of 1980, as added by offer compensation in the future. ment of State and the United States Agency subsection (a). (h) REPORTS.—Not later than 18 months for Global Media shall submit to the appro- (2) DEFINITION.—In this subsection, the after the date of the enactment of this Act, priate congressional committees and the term ‘‘gap memo’’ has the meaning given the Secretary of State shall submit to the Secretary of State a report in unclassified such term in subsection (c) of section 603 of Committee on Foreign Affairs of the House form detailing the following: the Foreign Service Act of 1980. of Representatives and the Committee on (A) The number of individuals who have TITLE IV—A DIVERSE WORKFORCE: RE- Foreign Relations of a Senate a report that failed to comply within 60 days with a re- CRUITMENT, RETENTION, AND PRO- includes the following: quest for an interview or access to docu- MOTION (1) Data, to the extent collection of such ments from the Office of the Inspector Gen- SEC. 1401. DEFINITIONS. information is permissible by law, regarding eral pertaining to a non-criminal matter. In this title: the number of students, disaggregated by (B) The date on which such requests were (1) APPLICANT FLOW DATA.—The term ‘‘ap- race, ethnicity, gender, institution of higher initially made. plicant flow data’’ means data that tracks learning, home State, State where each stu- (C) Any extension of time that was volun- the rate of applications for job positions dent graduated from high school, and dis- tarily granted to such individual by the Of- among demographic categories. ability status, who applied to the Program, fice of the Inspector General. (2) DEMOGRAPHIC DATA.—The term ‘‘demo- were offered a position, and participated. (D) The general subject matters regarding graphic data’’ means facts or statistics relat- (2) Data on the number of security clear- which the Office of the Inspector General has ing to the demographic categories specified ance investigations started for such students requested of such individuals. in the Office of Management and Budget sta- and the timeline for such investigations, in- (2) FORM.—Additional information per- tistical policy directive entitled ‘‘Standards cluding whether such investigations were taining solely to the subject matter of a re- for Maintaining, Collecting, and Presenting completed or if, and when, an interim secu- quest described in paragraph (1) may be pro- Federal Data on Race and Ethnicity’’ (81 rity clearance was granted. vided in a supplemental classified annex, if Fed. Reg. 67398). (3) Information on expenditures on the necessary, but all other information required (3) DIVERSITY.—The term ‘‘diversity’’ Program. by the reports required under such paragraph means those classes of persons protected (4) Information regarding the Department shall be provided in unclassified form. under the Civil Rights Act of 1964 (42 U.S.C. of State’s compliance with subsection (g). SEC. 1326. INFORMATION ON EDUCATIONAL OP- 2000a et seq.) and the Americans with Dis- (i) VOLUNTARY PARTICIPATION.— PORTUNITIES FOR CHILDREN WITH abilities Act of 1990 (42 U.S.C. 12101 et seq.). (1) IN GENERAL.—Nothing in this section SPECIAL EDUCATIONAL NEEDS CON- (4) WORKFORCE.—The term ‘‘workforce’’ may be construed to compel any student who SISTENT WITH THE INDIVIDUALS means— is a participant in an internship program of WITH DISABILITIES EDUCATION (A) individuals serving in a position in the the Department of State to participate in ACT. civil service (as such term is defined in sec- the collection of the data or divulge any per- Not later than March 31, 2022, and annually tion 2101 of title 5, United States Code); sonal information. Such students shall be in- thereafter, the Director of the Office of Over- (B) individuals who are members of the formed that their participation in the data seas Schools of the Department of State Foreign Service (as such term defined in sec- collection contemplated by this section is shall maintain and update a list of overseas tion 103 of the Foreign Service Act of 1980 (22 voluntary. schools receiving assistance from the Office U.S.C. 3902)); (2) PRIVACY PROTECTION.—Any data col- and detailing the extent to which each such (C) all individuals serving under a personal lected under this section shall be subject to school provides special education and related services contract; the relevant privacy protection statutes and services to children with disabilities in ac- (D) all individuals serving under a Foreign regulations applicable to Federal employees. cordance with part B of the Individuals with Service limited appointment under section (j) SPECIAL HIRING AUTHORITY.—The De- Disabilities Education Act (20 U.S.C. 1411 et partment of State may offer compensated in- seq.). Each list required under this section 309 of the Foreign Service Act of 1980 (22 ternships for not more than 52 weeks, and se- shall be posted on the public website of the U.S.C. 3949); or lect, appoint, employ, and remove individ- Office for access by members of the Foreign (E) individuals other than Locally Em- uals in such compensated internships with- Service, Senior Foreign Service, and their el- ployed Staff working in the Department of out regard to the provisions of law governing igible family members. State under any other authority. appointments in the competitive service. SEC. 1327. IMPLEMENTATION OF GAP MEMO- SEC. 1402. COLLECTION, ANALYSIS, AND DISSEMI- (k) USE OF FUNDS.—Internships offered and RANDUM IN SELECTION BOARD NATION OF WORKFORCE DATA. compensated by the Department subject to PROCESS. (a) INITIAL REPORT.—Not later than 180 this section shall be funded by amounts ap- (a) IN GENERAL.—Section 603 of the Foreign days after the date of the enactment of this propriated pursuant to— Service Act of 1980 (22 U.S.C. 4003) is amend- Act, the Secretary of State shall, in con- (1) the authorization of appropriations ed by adding at the end the following new sultation with the Director of the Office of under section 1001; and subsection: Personnel Management and the Director of (2) any other Act. ‘‘(c)(1) A member of the Service or member the Office of Management and Budget, sub- SEC. 1324. COMPETITIVE STATUS FOR CERTAIN of the Senior Foreign Service whose permit to the appropriate congressional com- EMPLOYEES HIRED BY INSPECTORS formance will be evaluated by a selection mittees a report, which shall also be pub- GENERAL TO SUPPORT THE LEAD IG board may submit to such selection board a lished on a publicly available website of the MISSION. gap memo in advance of such evaluation. Department in a searchable database format, Subparagraph (A) of section 8L(d)(5) of the ‘‘(2) Members of a selection board may not that includes disaggregated demographic Inspector General Act of 1978 (5 U.S.C. App.) consider as negative the submission of a gap data and other information regarding the di- is amended by striking ‘‘a lead Inspector memo by a member described in paragraph versity of the workforce of the Department General for’’ and inserting ‘‘any of the In- (1) when evaluating the performance of such of State. spectors General specified in subsection (c) member. (b) DATA.—The report under subsection (a) for oversight of’’. ‘‘(3) In this subsection, the term ‘gap shall include the following data to the max- SEC. 1325. COOPERATION WITH OFFICE OF THE memo’ means a written record, submitted to imum extent collection of such data is per- INSPECTOR GENERAL. a selection board in a standard format estab- missible by law: (a) ADMINISTRATIVE DISCIPLINE.—Not later lished by the Director General of the Foreign (1) Demographic data on each element of than 30 days after the date of the enactment Service, which indicates and explains a gap the workforce of the Department of State, of this Act, the Secretary of State shall in the record of a member of the Service or disaggregated by rank and grade or grade- make explicit in writing to all Department member of the Senior Foreign Service whose equivalent, with respect to the following of State personnel, including the Secretary performance will be evaluated by such selec- groups: of State, Department employees, contraction board, which gap is due to personal cir- (A) Applicants for positions in the Depart- tors, and political appointees, and shall con- cumstances, including for health, family, or ment. sider updating the Foreign Affairs Manual other reason as determined by the Director (B) Individuals hired to join the workforce.

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(C) Individuals promoted during the 5-year ployment opportunity activity or for report- (b) DEPARTING MEMBERS.—The Director period ending on the date of the enactment ing sexual harassment or sexual assault; General of the Foreign Service and the Di- of this Act, including promotions to and (5) to provide reasonable accommodation rector of the Bureau of Human Resources or within the Senior Executive Service or the for qualified employees and applicants with its equivalent shall provide an opportunity Senior Foreign Service. disabilities; and for an exit interview to each individual in (D) Individuals serving during the 5-year (6) to recruit a representative workforce the workforce of the Department of State period ending on the date of the enactment by— who separates from service with the Depart- of this Act as special assistants in any of the (A) recruiting women, persons with disabil- ment to better understand the reasons of offices of the Secretary of State, the Deputy ities, and minorities; such individual for leaving such service. Secretary of State, the Counselor of the De- (B) recruiting at women’s colleges, histori- (c) USE OF ANALYSIS FROM INTERVIEWS.— partment of State, the Secretary’s Policy cally Black colleges and universities, minor- The Director General of the Foreign Service Planning Staff, the Under Secretary for ity-serving institutions, and other institu- and the Director of the Bureau of Human Re- Arms Control and International Security, tions serving a significant percentage of mi- sources or its equivalent shall analyze demo- the Under Secretary for Civilian Security, nority students; graphic data and other information obtained Democracy, and Human Rights, the Under (C) placing job advertisements in news- through interviews under subsections (a) and Secretary for Economic Growth, Energy, and papers, magazines, and job sites oriented to- (b) to determine— the Environment, the Undersecretary for ward women and minorities; (1) to what extent, if any, the diversity of Management, the Undersecretary of State (D) sponsoring and recruiting at job fairs those participating in such interviews im- for Political Affairs, and the Undersecretary in urban and rural communities and land- pacts the results; and for Public Diplomacy and Public Affairs. grant colleges or universities; (2) whether to implement any policy (E) Individuals serving in the 5-year period (E) providing opportunities through the changes or include any recommendations in ending on the date of the enactment of this Foreign Service Internship Program under a report required under subsection (a) or (e) Act in each bureau’s front office. chapter 12 of the Foreign Service Act of 1980 of section 1402 relating to the determination (F) Individuals serving in the 5-year period (22 U.S.C. 4141 et seq.) and other hiring ini- reached pursuant to paragraph (1). ending on the date of the enactment of this tiatives; (d) TRACKING DATA.—The Department of Act as detailees to the National Security (F) recruiting mid-level and senior-level State shall— Council. professionals through programs designed to (1) track demographic data relating to par- (G) Individuals serving on applicable selec- increase representation in international af- ticipants in professional development pro- tion boards. fairs of people belonging to traditionally grams and the rate of placement into senior (H) Members of any external advisory com- under-represented groups; positions for participants in such programs; mittee or board who are subject to appoint- (G) offering the Foreign Service written (2) annually evaluate such data— ment by individuals at senior positions in and oral assessment examinations in several (A) to identify ways to improve outreach the Department. locations throughout the United States to and recruitment for such programs, con- (I) Individuals participating in professional reduce the burden of applicants having to sistent with merit system principles; and development programs of the Department, travel at their own expense to take either or (B) to understand the extent to which par- and the extent to which such participants both such examinations; ticipation in any professional development have been placed into senior positions within (H) expanding the use of paid internships; program offered or sponsored by the Depart- the Department after such participation. and ment differs among the demographic cat- (J) Individuals participating in mentorship (I) supporting recruiting and hiring oppor- egories of the workforce; and or retention programs. tunities through— (3) actively encourage participation from a (K) Individuals who separated from the (i) the Charles B. Rangel International Af- range of demographic categories, especially agency during the 5-year period ending on fairs Fellowship Program; from categories with consistently low par- the date of the enactment of this Act, in- (ii) the Thomas R. Pickering Foreign Af- ticipation, in such professional development cluding individuals in the Senior Executive fairs Fellowship Program; and programs. (iii) other initiatives, including agency- Service or the Senior Foreign Service. SEC. 1404. RECRUITMENT AND RETENTION. (2) An assessment of agency compliance wide policy initiatives. (a) IN GENERAL.—The Secretary of State with the essential elements identified in (e) ANNUAL UPDATES.—Not later than one year after the publication of the report re- shall— Equal Employment Opportunity Commission (1) continue to seek a diverse and talented Management Directive 715, effective October quired under subsection (a) and annually thereafter for the following five years, the pool of applicants; and 1, 2003. (2) instruct the Director General of the (3) Data on the overall number of individ- Secretary of State shall work with the Di- rector of the Office of Personnel Manage- Foreign Service and the Director of the Bu- uals who are part of the workforce, the per- reau of Human Resources of the Department centages of such workforce corresponding to ment and the Director of the Office of Man- agement and Budget to provide a report to of State to have a recruitment plan of action each element specified in section 1401(4), and for the recruitment of people belonging to the percentages corresponding to each rank, the appropriate congressional committees, which shall be posted on the Department’s traditionally under-represented groups, grade, or grade-equivalent. website, which may be included in another which should include outreach at appro- (c) RECOMMENDATION.—The Secretary of priate colleges, universities, affinity groups, State may include in the report under sub- annual report required under another provi- and professional associations. section (a) a recommendation to the Direc- sion of law, that includes— (b) SCOPE.—The diversity recruitment ini- tor of Office of Management and Budget and (1) disaggregated demographic data, to the to the appropriate congressional committees maximum extent collection of such data is tiatives described in subsection (a) shall in- regarding whether the Department of State permissible by law, relating to the workforce clude— should be permitted to collect more detailed and information on the status of diversity (1) recruiting at women’s colleges, histori- data on demographic categories in addition and inclusion efforts of the Department; cally Black colleges and universities, minor- to the race and ethnicity categories specified (2) an analysis of applicant flow data, to ity-serving institutions, and other institu- in the Office of Management and Budget sta- the maximum extent collection of such data tions serving a significant percentage of mi- tistical policy directive entitled ‘‘Standards is permissible by law,; and nority students; for Maintaining, Collecting, and Presenting (3) disaggregated demographic data relat- (2) placing job advertisements in news- Federal Data on Race and Ethnicity’’ (81 ing to participants in professional develop- papers, magazines, and job sites oriented to- Fed. Reg. 67398), in order to comply with the ment programs of the Department and the ward diverse groups; intent and requirements of this Act. rate of placement into senior positions for (3) sponsoring and recruiting at job fairs in (d) OTHER CONTENTS.—The report under participants in such programs. urban and rural communities and land-grant subsection (a) shall also describe and assess SEC. 1403. EXIT INTERVIEWS FOR WORKFORCE. colleges or universities; the effectiveness of the efforts of the Depart- (a) RETAINED MEMBERS.—The Director Gen- (4) providing opportunities through highly ment of State— eral of the Foreign Service and the Director respected, international leadership pro- (1) to propagate fairness, impartiality, and of the Bureau of Human Resources or its grams, that focus on diversity recruitment inclusion in the work environment, both do- equivalent shall conduct periodic interviews and retention; mestically and abroad; with a representative and diverse cross-sec- (5) expanding the use of paid internships; (2) to enforce anti-harassment and anti-dis- tion of the workforce of the Department of and crimination policies, both domestically and State— (6) cultivating partnerships with organiza- at posts overseas; (1) to understand the reasons of individuals tions dedicated to the advancement of the (3) to refrain from engaging in unlawful in such workforce for remaining in a position profession of international affairs and na- discrimination in any phase of the employ- in the Department; and tional security to advance shared diversity ment process, including recruitment, hiring, (2) to receive feedback on workplace poli- goals. evaluation, assignments, promotion, reten- cies, professional development opportunities, (c) EXPAND TRAINING ON ANTI-HARASSMENT tion, and training; and other issues affecting the decision of in- AND ANTI-DISCRIMINATION.— (4) to prevent retaliation against employ- dividuals in the workforce to remain in the (1) IN GENERAL.—The Secretary of State ees for participating in a protected equal em- Department. shall, through the Foreign Service Institute

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2502 CONGRESSIONAL RECORD — HOUSE May 18, 2021 and other educational and training opportu- nize the efforts of individuals in senior posi- currently reside in and must travel at their nities— tions and supervisors in the Department of own expense to one of the few locations (A) ensure the provision to all individuals State in fostering an inclusive environment where these assessments are offered. in the workforce of training on anti-harass- and cultivating talent consistent with merit (b) FOREIGN SERVICE EXAMINATIONS.—Sec- ment and anti-discrimination information system principles, such as through participation 301(b) of the Foreign Service Act of 1980 and policies, including in existing Foreign tion in mentoring programs or sponsorship (22 U.S.C. 3941) is amended— Service Institute courses or modules initiatives, recruitment events, and other (1) by striking ‘‘The Secretary’’ and insert- prioritized in the Department of State’s Di- similar opportunities. ing: ‘‘(1) The Secretary’’; and versity and Inclusion Strategic Plan for 2016– (2) OUTREACH EVENTS.—The Secretary of (2) by adding at the end the following new 2020 to promote diversity in Bureau awards State shall create opportunities for individ- paragraph: or mitigate unconscious bias; uals in senior positions and supervisors in ‘‘(2) The Secretary shall ensure that the (B) expand the provision of training on the Department of State to participate in Board of Examiners for the Foreign Service workplace rights and responsibilities to outreach events and to discuss issues relat- annually offers the oral assessment examina- focus on anti-harassment and anti-discrimi- ing to diversity and inclusion with the work- tions described in paragraph (1) in cities, nation information and policies, including force on a regular basis, including with em- chosen on a rotating basis, located in at policies relating to sexual assault prevention ployee resource groups. least three different time zones across the and response; and (b) EXTERNAL ADVISORY COMMITTEES AND United States.’’. (C) make such expanded training manda- BOARDS.—For each external advisory com- SEC. 1409. PAYNE FELLOWSHIP AUTHORIZATION. tory for— mittee or board to which individuals in sen- (a) IN GENERAL.—Undergraduate and grad- (i) individuals in senior and supervisory po- ior positions in the Department of State ap- uate components of the Donald M. Payne sitions; point members, the Secretary of State is International Development Fellowship Pro- (ii) individuals having responsibilities re- strongly encouraged by Congress to ensure gram may conduct outreach to attract out- lated to recruitment, retention, or pro- such external advisory committee or board is standing students with an interest in pur- motion of employees; and developed, reviewed, and carried out by suing a Foreign Service career who represent (iii) any other individual determined by qualified teams that represent the diversity diverse ethnic and socioeconomic back- the Department who needs such training of the organization. grounds. based on analysis by the Department or OPM SEC. 1407. PROFESSIONAL DEVELOPMENT OP- (b) REVIEW OF PAST PROGRAMS.—The Sec- analysis. PORTUNITIES AND TOOLS. retary of State shall review past programs (2) BEST PRACTICES.—The Department of (a) EXPAND PROVISION OF PROFESSIONAL DE- designed to increase minority representation State shall give special attention to ensuring VELOPMENT AND CAREER ADVANCEMENT OP- in international affairs positions. the continuous incorporation of research- PORTUNITIES.— SEC. 1410. VOLUNTARY PARTICIPATION. based best practices in training provided (1) IN GENERAL.—The Secretary of State is (a) IN GENERAL.—Nothing in this title under this subsection. authorized to expand professional develop- should be construed so as to compel any em- SEC. 1405. PROMOTING DIVERSITY AND INCLU- ment opportunities that support the mission ployee to participate in the collection of the SION IN THE NATIONAL SECURITY needs of the Department of State, such as— data or divulge any personal information. WORKFORCE. (A) academic programs; (a) IN GENERAL.—The Secretary of State Department of State employees shall be in- (B) private-public exchanges; and formed that their participation in the data shall ensure that individuals in senior and (C) detail assignments to relevant posi- supervisory positions of the Department of collection contemplated by this title is vol- tions in— untary. State, or Department individuals having re- (i) private or international organizations; sponsibilities related to recruitment, reten- (b) PRIVACY PROTECTION.—Any data col- (ii) State, local, and Tribal governments; lected under this title shall be subject to the tion, or promotion of employees, should have (iii) other branches of the Federal Govern- a demonstrated commitment to equal oppor- relevant privacy protection statutes and reg- ment; or ulations applicable to Federal employees. tunity, diversity, and inclusion. (iv) professional schools of international (b) CONSIDERATION.—In making any rec- affairs. TITLE V—INFORMATION SECURITY ommendations on nominations, conducting (2) TRAINING FOR SENIOR POSITIONS.— SEC. 1501. DEFINITIONS. interviews, identifying or selecting can- (A) IN GENERAL.—The Secretary of State In this title: didates, or appointing acting individuals for shall offer, or sponsor members of the work- (1) INTELLIGENCE COMMUNITY.—The term positions equivalent to an Assistant Sec- retary or above, the Secretary of State shall force to participate in, a Senior Executive ‘‘intelligence community’’ has the meaning use best efforts to consider at least one indi- Service candidate development program or given such term in section 3(4) of the Na- vidual reflective of diversity. other program that trains members on the tional Security Act of 1947 (50 U.S.C. 3003(4)). (c) ESTABLISHMENT.— skills required for appointment to senior po- (2) RELEVANT CONGRESSIONAL COMMIT- (1) IN GENERAL.—The Secretary of State sitions in the Department of State. TEES.—The term ‘‘relevant congressional shall establish a mechanism to ensure that (B) REQUIREMENTS.—In determining which committees’’ means— appointments or details of Department of members of the workforce are granted pro- (A) the appropriate congressional commit- State employees to staff positions in the Of- fessional development or career advance- tees; fices of the Secretary, the Deputy Secretary, ment opportunities under subparagraph (A), (B) the Select Committee on Intelligence the Counselor of the Department, the Sec- the Secretary of State shall— of the Senate; and retary’s Policy Planning Staff, or any of the (i) ensure any program offered or sponsored (C) the Permanent Select Committee on Undersecretaries of State, and details to the by the Department of State under such sub- Intelligence of the House of Representatives. National Security Council, are transparent, paragraph comports with the requirements SEC. 1502. LIST OF CERTAIN TELECOMMUNI- competitive, equitable, and inclusive, and of subpart C of part 412 of title 5, Code of CATIONS PROVIDERS. made without regard to an individual’s race, Federal Regulations, or any successor there- (a) LIST OF COVERED CONTRACTORS.—Not color, religion, sex (including pregnancy, to, including merit staffing and assessment later than 30 days after the date of the enact- transgender status, or sexual orientation), requirements; ment of this Act, the Secretary of State, in national origin, age (if 40 or older), dis- (ii) consider the number of expected vacan- consultation with the Director of National ability, or genetic information. cies in senior positions as a factor in deter- Intelligence, shall develop or maintain, as (2) REPORT.—Not later than 90 days after mining the number of candidates to select the case may be, and update as frequently as the date of the enactment of this Act, the for such programs; the Secretary determines appropriate, a list Secretary of State shall submit to the appro- (iii) understand how participation in any of covered contractors with respect to which priate congressional committees a report re- program offered or sponsored by the Depart- the Department should seek to avoid enter- garding the mechanism required under para- ment under such subparagraph differs by ing into contracts. Not later than 30 days graph (1). gender, race, national origin, disability sta- after the initial development of the list (d) AVAILABILITY.—The Secretary of State tus, or other demographic categories; and under this subsection, any update thereto, shall use best efforts to consider at least one (iv) actively encourage participation from and annually thereafter for five years after individual reflective of diversity for the staff a range of demographic categories, espe- such initial 30 day period, the Secretary positions specified in subsection (c)(1) and cially from categories with consistently low shall submit to the appropriate congres- ensure such positions are equitably available participation. sional committees a copy of such list. to employees of the civil service and Foreign SEC. 1408. EXAMINATION AND ORAL ASSESSMENT (b) COVERED CONTRACTOR DEFINED.—In this Service. FOR THE FOREIGN SERVICE. section, the term ‘‘covered contractor’’ SEC. 1406. LEADERSHIP ENGAGEMENT AND AC- (a) SENSE OF CONGRESS.—It is the sense of means a provider of telecommunications, COUNTABILITY. Congress that the Department of State telecommunications equipment, or informa- (a) REWARD AND RECOGNIZE EFFORTS TO should offer both the Foreign Service writ- tion technology equipment, including hard- PROMOTE DIVERSITY AND INCLUSION.— ten examination and oral assessment in ware, software, or services, that has know- (1) IN GENERAL.—The Secretary of State more locations throughout the United ingly assisted or facilitated a cyber attack shall implement performance and advance- States. Doing so would ease the financial or conducted surveillance, including passive ment requirements that reward and recog- burden on potential candidates who do not or active monitoring, carried out against—

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2503 (1) the United States by, or on behalf of, (i) conducting vulnerability discovery actions, and other internet-facing information any government, or persons associated with tivities directed at Department information technology of the Department of State that such government, listed as a cyber threat technology; and are accessible to the public; actor in the intelligence community’s 2017 (ii) submitting discovered security (B) award contracts to entities, as nec- assessment of worldwide threats to United vulnerabilities to the Department; and essary, to manage such pilot program and for States national security or any subsequent (B) creating Department procedures and executing the remediation of security worldwide threat assessment of the intel- infrastructure to receive and fix discovered vulnerabilities identified pursuant to sub- ligence community; or vulnerabilities. paragraph (A); (2) individuals, including activists, journal- (2) REQUIREMENTS.—In establishing the (C) identify which Department of State in- ists, opposition politicians, or other individ- VDP pursuant to paragraph (1), the Sec- formation technology should be included in uals for the purposes of suppressing dissent retary of State shall— such pilot program; or intimidating critics, on behalf of a coun- (A) identify which Department of State in- (D) consult with the Attorney General on try included in the annual country reports formation technology should be included in how to ensure that individuals, organiza- on human rights practices of the Department the process; tions, or companies that comply with the re- for systematic acts of political repression, (B) determine whether the process should quirements of such pilot program are pro- including arbitrary arrest or detention, tor- differentiate among and specify the types of tected from prosecution under section 1030 of ture, extrajudicial or politically motivated security vulnerabilities that may be tar- title 18, United States Code, and similar pro- killing, or other gross violations of human geted; visions of law for specific activities author- rights. (C) provide a readily available means of re- ized under such pilot program; SEC. 1503. PRESERVING RECORDS OF ELEC- porting discovered security vulnerabilities (E) consult with the relevant offices at the TRONIC COMMUNICATIONS CON- and the form in which such vulnerabilities Department of Defense that were responsible DUCTED RELATED TO OFFICIAL DU- should be reported; for launching the 2016 ‘‘Hack the Pentagon’’ TIES OF POSITIONS IN THE PUBLIC (D) identify which Department offices and pilot program and subsequent Department of TRUST OF THE AMERICAN PEOPLE. positions will be responsible for receiving, Defense bug bounty programs; (a) SENSE OF CONGRESS.—It is the sense of prioritizing, and addressing security vulner- (F) develop a process by which an approved Congress that all officers and employees of ability disclosure reports; the Department and the United States Agen- individual, organization, or company can (E) consult with the Attorney General re- register with the entity referred to in sub- cy for International Development are obli- garding how to ensure that individuals, orga- gated under chapter 31 of title 44, United paragraph (B), submit to a background check nizations, and companies that comply with as determined by the Department of State, States Code (popularly referred to as the the requirements of the process are pro- Federal Records Act of 1950), to create and and receive a determination as to eligibility tected from prosecution under section 1030 of for participation in such pilot program; preserve records containing adequate and title 18, United States Code, and similar pro- proper documentation of the organization, (G) engage qualified interested persons, in- visions of law for specific activities author- cluding nongovernmental sector representa- functions, policies, decisions, procedures, ized under the process; and essential transactions or operations of tives, about the structure of such pilot pro- (F) consult with the relevant offices at the gram as constructive and to the extent prac- the Department and United States embas- Department of Defense that were responsible ticable; and sies, consulates, and missions abroad, includ- for launching the 2016 Vulnerability Disclo- ing records of official communications with (H) consult with relevant United States sure Program, ‘‘Hack the Pentagon’’, and foreign government officials or other foreign Government officials to ensure that such subsequent Department of Defense bug boun- entities. pilot program complements persistent net- ty programs; (b) CERTIFICATION.—Not later than 180 days work and vulnerability scans of the Depart- (G) engage qualified interested persons, in- after the date of the enactment of this Act, ment of State’s internet-accessible systems, cluding nongovernmental sector representa- the Secretary shall submit to the appro- such as the scans conducted pursuant to tives, about the structure of the process as priate congressional committees a certifi- Binding Operational Directive BOD–19–02 or constructive and to the extent practicable; cation in unclassified form that Secretary successor directive. and has communicated to all Department per- (3) DURATION.—The pilot program estab- sonnel, including the Secretary of State and (H) award contracts to entities, as necessary, to manage the process and imple- lished under paragraph (1) should be short- all political appointees, that such personnel term in duration and not last longer than are obligated under chapter 31 of title 44, ment the remediation of discovered security vulnerabilities. one year. United States Code, to treat electronic mes- (4) REPORT.—Not later than 180 days after (3) ANNUAL REPORTS.—Not later than 180 saging systems, software, and applications as the date on which the bug bounty pilot pro- equivalent to electronic mail for the purpose days after the establishment of the VDP under paragraph (1) and annually thereafter gram under subsection (a) is completed, the of identifying Federal records. Secretary of State shall submit to the Com- SEC. 1504. FOREIGN RELATIONS OF THE UNITED for the next five years, the Secretary of State shall submit to the Committee on For- mittee on Foreign Relations of the Senate STATES (FRUS) SERIES AND DECLAS- and the Committee on Foreign Affairs of the SIFICATION. eign Affairs of the House of Representatives House of Representatives a report on such The State Department Basic Authorities and the Committee on Foreign Relations of Act of 1956 is amended— the Senate a report on the VDP, including pilot program, including information relat- (1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), information relating to the following: ing to— by striking ‘‘26’’ and inserting ‘‘20’’; and (A) The number and severity of all security (A) the number of approved individuals, or- (2) in section 404 (22 U.S.C. 4354)— vulnerabilities reported. ganizations, or companies involved in such (A) in subsection (a)(1), by striking (B) The number of previously unidentified pilot program, broken down by the number ‘‘30’’and inserting ‘‘25’’; and security vulnerabilities remediated as a re- of approved individuals, organizations, or (B) in subsection (c)(1)(C), by striking ‘‘30’’ sult. companies that— and inserting ‘‘25’’. (C) The current number of outstanding pre- (i) registered; (ii) were approved; SEC. 1505. VULNERABILITY DISCLOSURE POLICY viously unidentified security vulnerabilities AND BUG BOUNTY PILOT PROGRAM. and Department of State remediation plans. (iii) submitted security vulnerabilities; (a) DEFINITIONS.—In this section: (D) The average length of time between the and (1) BUG BOUNTY PROGRAM.—The term ‘‘bug reporting of security vulnerabilities and re- (iv) received compensation; bounty program’’ means a program under mediation of such vulnerabilities. (B) the number and severity of all security which an approved individual, organization, (E) The resources, surge staffing, roles, and vulnerabilities reported as part of such pilot or company is temporarily authorized to responsibilities within the Department used program; identify and report vulnerabilities of inter- to implement the VDP and complete secu- (C) the number of previously unidentified net-facing information technology of the De- rity vulnerability remediation. security vulnerabilities remediated as a re- partment of State in exchange for compensa- (F) Any other information the Secretary sult of such pilot program; tion. determines relevant. (D) the current number of outstanding pre- (2) INFORMATION TECHNOLOGY.—The term (c) BUG BOUNTY PILOT PROGRAM.— viously unidentified security vulnerabilities ‘‘information technology’’ has the meaning (1) IN GENERAL.—Not later than one year and Department remediation plans; given such term in section 11101 of title 40, after the date of the enactment of this Act, (E) the average length of time between the United States Code. the Secretary of State shall establish a bug reporting of security vulnerabilities and re- (b) VULNERABILITY DISCLOSURE PROCESS.— bounty pilot program to minimize security mediation of such vulnerabilities; (1) IN GENERAL.—Not later than 180 days vulnerabilities of internet-facing informa- (F) the types of compensation provided after the date of the enactment of this Act, tion technology of the Department of State. under such pilot program; and the Secretary of State shall design, estab- (2) REQUIREMENTS.—In establishing the (G) the lessons learned from such pilot pro- lish, and make publicly known a Vulner- pilot program described in paragraph (1), the gram. ability Disclosure Process (VDP) to improve Secretary of State shall— (d) USE OF FUNDS.—Compensation offered Department of State cybersecurity by— (A) provide compensation for reports of by the Department subject to this section (A) providing security researchers with previously unidentified security shall be funded by amounts appropriated clear guidelines for— vulnerabilities within the websites, applica- pursuant to—

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2504 CONGRESSIONAL RECORD — HOUSE May 18, 2021 (1) the authorization of appropriations tor pursuant to paragraph (1), the Director and the United States Agency for Global under section 1001; and shall develop guidance and training, includ- Media. (2) any other Act. ing curriculum for use by the Foreign Serv- (2) ANNUAL REPORT.—The Subcommittee on TITLE VI—PUBLIC DIPLOMACY ice Institute, for all public diplomacy offi- Research and Evaluation established pursu- SEC. 1601. SHORT TITLE. cers of the Department regarding the reading ant to paragraph (1) shall submit to the ap- This title may be cited as the ‘‘Public Di- and interpretation of public diplomacy pro- propriate congressional committees an an- plomacy Modernization Act of 2021’’. gram and activity evaluation findings to en- nual report, in conjunction with the United SEC. 1602. AVOIDING DUPLICATION OF PRO- sure that such findings and related lessons States Advisory Commission on Public Di- GRAMS AND EFFORTS. learned are implemented in the planning and plomacy’s Comprehensive Annual Report on The Secretary of State shall— evaluation of all public diplomacy programs the performance of the Department and the (1) identify opportunities for greater effi- and activities of the Department. United States Agency for Global Media, de- ciency of operations, including through im- (c) PRIORITIZING RESEARCH AND EVALUA- scribing all actions taken by the Sub- proved coordination of efforts across public TION.— committee pursuant to paragraph (1) and diplomacy bureaus and offices of the Depart- (1) IN GENERAL.—The head of the Office of any findings made as a result of such ac- ment of State; and Policy, Planning, and Resources for Public tions. (2) maximize shared use of resources be- Diplomacy and Public Affairs of the Depart- SEC. 1604. PERMANENT REAUTHORIZATION OF tween, and within, such public diplomacy bu- ment of State shall ensure that research and THE UNITED STATES ADVISORY reaus and offices in cases in which programs, evaluation of public diplomacy and activities COMMISSION ON PUBLIC DIPLO- facilities, or administrative functions are of the Department, as coordinated and over- MACY. duplicative or substantially overlapping. seen by the Director pursuant to subsection (a) IN GENERAL.—Section 1334 of the For- SEC. 1603. IMPROVING RESEARCH AND EVALUA- (b), supports strategic planning and resource eign Affairs Reform and Restructuring Act TION OF PUBLIC DIPLOMACY. allocation across all public diplomacy bu- of 1998 (22 U.S.C. 6553) is amended— (a) RESEARCH AND EVALUATION ACTIVI- reaus and offices of the Department. (1) in the section heading, by striking TIES.—The Secretary of State, acting (2) ALLOCATION OF RESOURCES.—Amounts ‘‘SUNSET’’ and inserting ‘‘CONTINUATION’’; and through the Director of Research and Eval- allocated for the purpose of research and (2) by striking ‘‘until October 1, 2021’’. uation appointed pursuant to subsection (b), evaluation of public diplomacy programs and (b) CLERICAL AMENDMENT.—The table of shall— activities of the Department of State pursu- contents in section 1002(b) of the Foreign Af- (1) conduct regular research and evaluation ant to subsection (b) shall be made available fairs Reform and Restructuring Act of 1998 is of public diplomacy programs and activities to be disbursed at the direction of the Direc- amended by amending the item relating to of the Department, including through the tor of Research and Evaluation among the section 1334 to read as follows: routine use of audience research, digital ana- research and evaluation staff across all pub- ‘‘Sec. 1334. Continuation of United States lytics, and impact evaluations, to plan and lic diplomacy bureaus and offices of the De- Advisory Commission on Public execute such programs and activities; and partment. Diplomacy.’’. (2) make available to Congress the findings (3) SENSE OF CONGRESS.—It is the sense of SEC. 1605. STREAMLINING OF SUPPORT FUNC- of the research and evaluations conducted Congress that the Department of State TIONS. under paragraph (1). should gradually increase its allocation of (a) WORKING GROUP ESTABLISHED.—Not (b) DIRECTOR OF RESEARCH AND EVALUA- funds made available under the headings later than 60 days after the date of the enact- TION.— ‘‘Educational and Cultural Exchange Pro- ment of this Act, the Secretary of State (1) APPOINTMENT.—Not later than 90 days grams’’ and ‘‘Diplomatic Programs’’ for re- shall establish a working group to explore after the date of the enactment of this Act, search and evaluation of public diplomacy the Secretary of State shall appoint a Direc- the possibilities and cost-benefit analysis of programs and activities of the Department transitioning to a shared services model as tor of Research and Evaluation (referred to pursuant to subsection (b) to a percentage of in this subsection as the ‘‘Director’’) in the such pertains to human resources, travel, program funds that is commensurate with purchasing, budgetary planning, and all Office of Policy, Planning, and Resources for Federal Government best practices. Public Diplomacy and Public Affairs of the other executive support functions for all bu- (d) LIMITED EXEMPTION RELATING TO THE reaus of the Department that report to the Department. PAPERWORK REDUCTION ACT.—Chapter 35 of Under Secretary for Public Diplomacy of the (2) LIMITATION ON APPOINTMENT.—The ap- title 44, United States Code (commonly Department. pointment of the Director pursuant to para- known as the ‘‘Paperwork Reduction Act’’) (b) REPORT.—Not later than 180 days after graph (1) shall not result in an increase in shall not apply to the collection of informa- the date of the enactment of this Act, the the overall full-time equivalent positions tion directed at any individuals conducted within the Department of State. by, or on behalf of, the Department of State Secretary of State shall submit to the appro- (3) RESPONSIBILITIES.—The Director shall— for the purpose of audience research, moni- priate congressional committees a plan to (A) coordinate and oversee the research toring, and evaluations, and in connection implement any such findings of the working and evaluation of public diplomacy programs with the Department’s activities conducted group established under subsection (a). and activities of the Department of State in pursuant to any of the following: SEC. 1606. GUIDANCE FOR CLOSURE OF PUBLIC order to— (1) The Mutual Educational and Cultural DIPLOMACY FACILITIES. (i) improve public diplomacy strategies Exchange Act of 1961 (22 U.S.C. 2451 et seq.). (a) IN GENERAL.—Not later than 180 days and tactics; and (2) Section 1287 of the National Defense Au- after the date of the enactment of this Act, (ii) ensure that such programs and activi- thorization Act for Fiscal Year 2017 (Public the Secretary of State shall adopt, and in- ties are increasing the knowledge, under- Law 114–328; 22 U.S.C. 2656 note). clude in the Foreign Affairs Manual, guide- standing, and trust of the United States by (3) The Foreign Assistance Act of 1961 (22 lines to collect and utilize information from relevant target audiences; U.S.C. 2151 et seq.). each diplomatic post at which the construc- (B) routinely organize and oversee audi- (e) LIMITED EXEMPTION RELATING TO THE tion of a new embassy compound or new con- ence research, digital analytics, and impact PRIVACY ACT.— sulate compound would result in the closure evaluations across all public diplomacy bu- (1) IN GENERAL.—The Department of State or co-location of an American Space, Amer- reaus and offices of the Department; shall maintain, collect, use, and disseminate ican Center, American Corner, or any other (C) support United States diplomatic posts’ records (as such term is defined in section public diplomacy facility under the Secure public affairs sections; 552a(a)(4) of title 5, United States Code) for Embassy Construction and Counterterrorism (D) share appropriate public diplomacy re- audience research, digital analytics, and im- Act of 1999 (22 U.S.C. 4865 et seq.). search and evaluation information within pact evaluation of communications related (b) REQUIREMENTS.—The guidelines re- the Department and with other appropriate to public diplomacy efforts intended for for- quired by subsection (a) shall include the fol- Federal departments and agencies; eign audiences. lowing: (E) regularly design and coordinate stand- (2) CONDITIONS.—Audience research, digital (1) Standardized notification to each chief ardized research questions, methodologies, analytics, and impact evaluations under of mission at a diplomatic post describing and procedures to ensure that public diplo- paragraph (1) shall be— the requirements of the Secure Embassy macy programs and activities across all pub- (A) reasonably tailored to meet the pur- Construction and Counterterrorism Act of lic diplomacy bureaus and offices are de- poses of this subsection; and 1999 and the impact on the mission footprint signed to meet appropriate foreign policy ob- (B) carried out with due regard for privacy of such requirements. jectives; and and civil liberties guidance and oversight. (2) An assessment and recommendations (F) report biannually to the United States (f) UNITED STATES ADVISORY COMMISSION ON from each chief of mission of potential im- Advisory Commission on Public Diplomacy, PUBLIC DIPLOMACY.— pacts to public diplomacy programming at through the Subcommittee on Research and (1) SUBCOMMITTEE FOR RESEARCH AND EVAL- such diplomatic post if any public diplomacy Evaluation established pursuant to sub- UATION.—The United States Advisory Com- facility referred to in subsection (a) is closed section (f), regarding the research and eval- mission on Public Diplomacy shall establish or staff is co-located in accordance with such uation of all public diplomacy bureaus and a Subcommittee on Research and Evaluation Act. offices. to monitor and advise regarding audience re- (3) A process by which assessments and (4) GUIDANCE AND TRAINING.—Not later than search, digital analytics, and impact evalua- recommendations under paragraph (2) are one year after the appointment of the Direc- tions carried out by the Department of State considered by the Secretary of State and the

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.033 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2505 appropriate Under Secretaries and Assistant which public power is exercised for private in exposing public corruption, and refrains Secretaries of the Department. gain, to identify those countries that are from other discriminatory treatment of such (4) Notification to the appropriate congres- most vulnerable to public corruption; persons; and sional committees, prior to the initiation of (2) consider, to the extent reliable informa- (4) contain such other information relating a new embassy compound or new consulate tion is available, whether the government of to public corruption as the Secretary of compound design, of the intent to close any a country identified under paragraph (1)— State considers appropriate. such public diplomacy facility or co-locate (A) has adopted measures to prevent public (b) IDENTIFICATION.—After conducting each public diplomacy staff in accordance with corruption, such as measures to inform and assessment under subsection (a), the Sec- such Act. educate the public, including potential vic- retary of State shall identify, of the coun- (c) REPORT.—Not later than one year after tims, about the causes and consequences of tries described in subsection (a)(1)— the date of the enactment of this Act, the public corruption; (1) which countries are meeting minimum Secretary of State shall submit to the appro- (B) has enacted laws and established gov- standards to combat public corruption; priate congressional committees a report ernment structures, policies, and practices (2) which countries are not meeting such containing the guidelines required under that prohibit public corruption; minimum standards but are making signifi- subsection (a) and any recommendations for (C) enforces such laws through a fair judi- cant efforts to do so; and any modifications to such guidelines. cial process; (3) which countries are not meeting such SEC. 1607. DEFINITIONS. (D) vigorously investigates, prosecutes, minimum standards and are not making sig- In this title: convicts, and sentences public officials who nificant efforts to do so. (1) AUDIENCE RESEARCH.—The term ‘‘audi- participate in or facilitate public corruption, (c) REPORT.—Except as provided in sub- ence research’’ means research conducted at including nationals of such country who are section (d), not later than 180 days after the the outset of a public diplomacy program or deployed in foreign military assignments, date of the enactment of this Act and annu- the outset of campaign planning and design trade delegations abroad, or other similar ally thereafter through fiscal year 2027, the regarding specific audience segments to un- missions who engage in or facilitate public Secretary of State shall submit to the appro- derstand the attitudes, interests, knowledge, corruption; priate congressional committees, the Com- and behaviors of such audience segments. (E) prescribes appropriate punishment for mittee on Appropriations of the House of (2) DIGITAL ANALYTICS.—The term ‘‘digital serious and significant corruption that is Representatives, and the Committee on Ap- analytics’’ means the analysis of qualitative commensurate with the punishment pre- propriations of the Senate a report, and and quantitative data, accumulated in dig- scribed for serious crimes; make such report publicly available, that— ital format, to indicate the outputs and out- (F) prescribes appropriate punishment for (1) identifies the countries described in comes of a public diplomacy program or significant corruption that provides a suffi- subsection (a)(1) and paragraphs (2) and (3) of campaign. ciently stringent deterrent and adequately subsection (b); (3) IMPACT EVALUATION.—The term ‘‘impact reflects the nature of the offense; (2) describes the methodology and data uti- (G) convicts and sentences persons respon- evaluation’’ means an assessment of the lized in the assessments under subsection (a); sible for such acts that take place wholly or changes in the audience targeted by a public and partly within the country of such govern- diplomacy program or campaign that can be (3) identifies the reasons for the identifica- ment, including, as appropriate, requiring attributed to such program or campaign. tions referred to in paragraph (1). the incarceration of individuals convicted of (4) PUBLIC DIPLOMACY BUREAUS AND OF- (d) BRIEFING IN LIEU OF REPORT.—The Sec- such acts; FICES.—The term ‘‘public diplomacy bureaus retary of State may waive the requirement (H) holds private sector representatives ac- and offices’’ means, with respect to the De- to submit and make publicly available a partment, the following: countable for their role in public corruption; and written report under subsection (c) if the (A) The Bureau of Educational and Cul- Secretary— tural Affairs. (I) addresses threats for civil society to monitor anti-corruption efforts; (1) determines that publication of such re- (B) The Bureau of Global Public Affairs. port would— (C) The Office of Policy, Planning, and Re- (3) further consider— (A) verifiable measures taken by the gov- (A) undermine existing United States anti- sources for Public Diplomacy and Public Af- corruption efforts in one or more countries; fairs. ernment of a country identified under paragraph (1) to prohibit government officials or (D) The Global Engagement Center. from participating in, facilitating, or (B) threaten the national interests of the (E) The public diplomacy functions within condoning public corruption, including the United States; and the regional and functional bureaus. investigation, prosecution, and conviction of (2) provides to the appropriate congres- TITLE VII—COMBATING PUBLIC such officials; sional committees a briefing that— CORRUPTION (B) the extent to which such government (A) identifies the countries described in SEC. 1701. SENSE OF CONGRESS. provides access, or, as appropriate, makes subsection (a)(1) and paragraphs (2) and (3) of It is the sense of Congress that— adequate resources available, to civil society subsection (b); (1) it is in the foreign policy interest of the organizations and other institutions to com- (B) describes the methodology and data United States to help foreign countries pro- bat public corruption, including reporting, utilized in the assessment under subsection mote good governance and combat public investigating, and monitoring; (a); and corruption; (C) the extent to which an independent ju- (C) identifies the reasons for the identifica- (2) multiple Federal departments and agen- diciary or judicial body in such country is tions referred to in subparagraph (A). cies operate programs that promote good responsible for, and effectively capable of, SEC. 1703. TRANSPARENCY AND ACCOUNT- governance in foreign countries and enhance deciding public corruption cases impartially, ABILITY. such countries’ ability to combat public cor- on the basis of facts and in accordance with For each country identified under para- ruption; and law, without any improper restrictions, in- graphs (2) and (3) of section 1702(b), the Sec- (3) the Department of State should— fluences, inducements, pressures, threats, or retary of State, in coordination with the Ad- (A) promote coordination among the Fed- interferences, whether direct or indirect, ministrator of the United States Agency for eral departments and agencies implementing from any source or for any reason; International Development, as appropriate, programs to promote good governance and (D) the extent to which such government shall— combat public corruption in foreign coun- cooperates meaningfully with the United (1) ensure that a corruption risk assess- tries in order to improve effectiveness and States to strengthen government and judi- ment and mitigation strategy is included in efficiency; and cial institutions and the rule of law to pre- the integrated country strategy for such (B) identify areas in which United States vent, prohibit, and punish public corruption; country; and efforts to help other countries promote good and (2) utilize appropriate mechanisms to com- governance and combat public corruption (E) the extent to which such government— bat corruption in such countries, including could be enhanced. (i) is assisting in international investiga- by ensuring— SEC. 1702. ANNUAL ASSESSMENT. tions of transnational public corruption net- (A) the inclusion of anti-corruption clauses (a) IN GENERAL.—For each of fiscal years works and in other cooperative efforts to in contracts, grants, and cooperative agree- 2022 through 2027, the Secretary of State combat serious, significant corruption, in- ments entered into by the Department of shall assess the capacity and commitment of cluding cooperating with the governments of State or the United States Agency for Inter- foreign governments to which the United other countries to extradite corrupt actors; national Development for or in such coun- States provides foreign assistance under the (ii) recognizes the rights of victims of pub- tries, which allow for the termination of Foreign Assistance Act of 1961 (22 U.S.C. 2151 lic corruption, ensures their access to jus- such contracts, grants, or cooperative agree- et seq.) or the Arms Export Control Act (22 tice, and takes steps to prevent such victims ments, as the case may be, without penalty U.S.C. 2751 et seq.) to combat public corrup- from being further victimized or persecuted if credible indicators of public corruption are tion. Each such assessment shall— by corrupt actors, government officials, or discovered; (1) utilize independent, third party indica- others; and (B) the inclusion of appropriate clawback tors that measure transparency, account- (iii) refrains from prosecuting legitimate or flowdown clauses within the procurement ability, and corruption in the public sector victims of public corruption or whistle- instruments of the Department of State and in such countries, including the extent to blowers due to such persons having assisted the United States Agency for International

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CHIEF OF MISSION CONCURRENCE. United States Agency for International De- nium Challenge Act of 2003, the African De- In the course of providing concurrence to velopment; and velopment Foundation Act, the BUILD Act the exercise of the authority pursuant to (D) the establishment of mechanisms for of 2018, section 504 of the FREEDOM Support section 127e of title 10, United State Code, or investigating allegations of misappropriated Act, or section 23 of the Arms Export Control section 1202 of the National Defense Author- resources and equipment. Act to the government of any country which ization Act for Fiscal Year 2018— SEC. 1704. DESIGNATION OF EMBASSY ANTI-COR- is in default during a period in excess of 1 (1) each relevant chief of mission shall in- RUPTION POINTS OF CONTACT. calendar year in payment to the United form and consult in a timely manner with (a) IN GENERAL.—The Secretary of State States of principal or interest or any loan relevant individuals at relevant missions or shall annually designate an anti-corruption made to the government of such country by bureaus of the Department of State; and point of contact at the United States diplo- the United States unless the President deter- (2) the Secretary of State shall take such matic post to each country identified under mines, following consultation with the con- steps as may be necessary to ensure that paragraphs (2) and (3) of section 1702(b), or gressional committees specified in paragraph such relevant individuals have the security which the Secretary otherwise determines is (1), that assistance for such country is in the clearances necessary and access to relevant in need of such a point of contact. The point national interest of the United States.’’. compartmented and special programs to so of contact shall be the chief of mission or the SEC. 1803. SEAN AND DAVID GOLDMAN CHILD AB- consult in a timely manner with respect to chief of mission’s designee. DUCTION PREVENTION AND RETURN such concurrence. (b) RESPONSIBILITIES.—Each anti-corrup- ACT OF 2014 AMENDMENT. SEC. 1806. REPORT ON EFFORTS OF THE tion point of contact designated under sub- Subsection (b) of section 101 of the Sean CORONAVIRUS REPATRIATION TASK section (a) shall be responsible for coordi- and David Goldman International Child Ab- FORCE. nating and overseeing the implementation of duction Prevention and Return Act of 2014 Not later than 90 days after the date of the a whole-of-government approach among the (22 U.S.C. 9111; Public Law 113–150) is amend- enactment of this Act, the Secretary of relevant Federal departments and agencies ed— State shall submit to the appropriate con- operating programs that— (1) in paragraph (2)— gressional committees, the Committee on (1) promote good governance in foreign (A) in subparagraph (A)— Armed Services of the House of Representa- countries; and (i) by inserting ‘‘, respectively,’’ after ‘‘ac- tives, and the Committee on Armed Services (2) enhance the ability of such countries cess cases’’; and of the Senate a report evaluating the efforts to— (ii) by inserting ‘‘and the number of chil- of the Coronavirus Repatriation Task Force (A) combat public corruption; and dren involved’’ before the semicolon at the of the Department of State to repatriate (B) develop and implement corruption risk end; United States citizens and legal permanent assessment tools and mitigation strategies. (B) in subparagraph (D), by inserting ‘‘re- residents in response to the 2020 coronavirus (c) TRAINING.—The Secretary of State shall spectively, the number of children involved,’’ outbreak. The report shall identify— implement appropriate training for anti-cor- after ‘‘access cases,’’; (1) the most significant impediments to re- ruption points of contact designated under (2) in paragraph (7), by inserting ‘‘, and patriating such persons; subsection (a). number of children involved in such cases’’ (2) the lessons learned from such repatri- TITLE VIII—OTHER MATTERS before the semicolon at the end; ations; and (3) in paragraph (8), by striking ‘‘and’’ (3) any changes planned to future repatri- SEC. 1801. CASE-ZABLOCKI ACT REFORM. after the semicolon at the end; ation efforts of the Department of State to Section 112b of title 1, United States Code, (4) in paragraph (9), by striking the period incorporate such lessons learned. is amended— at the end and inserting ‘‘; and’’; and COASTAL AND OCEAN ACIDIFICATION STRESSORS (1) in subsection (a)— (5) by adding at the end the following new AND THREATS RESEARCH ACT OF 2021 (A) in the first sentence, by striking paragraph: H.R. 1447 ‘‘sixty’’ and inserting ‘‘30’’; and ‘‘(10) the total number of pending cases the Be it enacted by the Senate and House of Rep- (B) in the second sentence, by striking Department of State has assigned to case of- resentatives of the United States of America in ‘‘Committee on International Relations’’ and ficers and number of children involved for Congress assembled, inserting ‘‘Committee on Foreign Affairs’’; each country and as a total for all coun- and tries.’’. SECTION 1. SHORT TITLE. (2) by amending subsection (b) to read as This Act may be cited as the ‘‘Coastal and SEC. 1804. MODIFICATION OF AUTHORITIES OF Ocean Acidification Stressors and Threats follows: COMMISSION FOR THE PRESERVA- ‘‘(b) Each department or agency of the TION OF AMERICA’S HERITAGE Research Act of 2021’’ or the ‘‘COAST Re- United States Government that enters into ABROAD. search Act of 2021’’. any international agreement described in (a) IN GENERAL.—Chapter 3123 of title 54, SEC. 2. PURPOSES. subsection (a) on behalf of the United States, United States Code, is amended as follows: (a) IN GENERAL.—Section 12402(a) of the shall designate a Chief International Agree- (1) In section 312302, by inserting ‘‘, and Federal Ocean Acidification Research and ments Officer, who— unimpeded access to those sites,’’ after ‘‘and Monitoring Act of 2009 (33 U.S.C. 3701(a)) is ‘‘(1) shall be a current employee of such de- historic buildings’’. amended— partment or agency; (2) In section 312304(a)— (1) in paragraph (1)— ‘‘(2) shall serve concurrently as Chief (A) in paragraph (2)— (A) in the matter preceding subparagraph International Agreements Officer; and (i) by striking ‘‘and historic buildings’’ and (A), by striking ‘‘development and coordina- ‘‘(3) subject to the authority of the head of inserting ‘‘and historic buildings, and tion’’ and inserting ‘‘coordination and imple- such department or agency, shall have de- unimpeded access to those sites’’; and mentation’’; partment or agency-wide responsibility for (ii) by striking ‘‘and protected’’ and insert- (B) in subparagraph (A), by striking ‘‘acidi- efficient and appropriate compliance with ing ‘‘, protected, and made accessible’’; and fication on marine organisms’’ and inserting subsection (a) to transmit the text of any (B) in paragraph (3), by striking ‘‘and pro- ‘‘acidification and coastal acidification on international agreement to the Department tecting’’ and inserting ‘‘, protecting, and marine organisms’’; and of State expeditiously after such agreement making accessible’’. (C) in subparagraph (B), by striking ‘‘es- has been signed.’’. (3) In section 312305, by inserting ‘‘and to tablish’’ and all that follows through the SEC. 1802. LIMITATION ON ASSISTANCE TO COUN- the Committee on Foreign Affairs of the semicolon and inserting ‘‘maintain and ad- TRIES IN DEFAULT. House of Representatives and the Committee vise an interagency research, monitoring, Section 620(q) of the Foreign Assistance on Foreign Relations of the Senate’’ after and public outreach program on ocean acidi- Act of 1961 (22 U.S.C. 2370(q)) is amended— ‘‘President’’. fication and coastal acidification;’’; (1) by striking ‘‘No assistance’’ and insert- (b) REPORT.—Not later than 90 days after (2) in paragraph (2), by striking ‘‘establishing the following ‘‘(1) No assistance’’; the date of the enactment of this Act, the ment’’ and inserting ‘‘maintenance’’; (2) by inserting ‘‘the government of’’ before Commission for the Preservation of Amer- (3) in paragraph (3), by inserting ‘‘and ‘‘any country’’; ica’s Heritage Abroad shall submit to the coastal acidification’’ after ‘‘ocean acidifica- (3) by inserting ‘‘the government of’’ before President and to the Committee on Foreign tion’’; and ‘‘such country’’ each place it appears; Affairs of the House of Representatives and (4) in paragraph (4), by inserting ‘‘and (4) by striking ‘‘determines’’ and all that the Committee on Foreign Relations of the coastal acidification that take into account follows and inserting ‘‘determines, after con- Senate a report that contains an evaluation other environmental and anthropogenic sultation with the Committee on Foreign Af- of the extent to which the Commission is stressors’’ after ‘‘ocean acidification’’.

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(b) TECHNICAL AND CONFORMING AMEND- (ii) in subparagraph (B), by inserting ‘‘and ‘‘(ii) the best practices for the standards MENT.—Section 12402 of the Federal Ocean coastal acidification’’ after ‘‘ocean acidifica- developed for data archiving under section Acidification Research and Monitoring Act tion’’; 12406(e); of 2009 (33 U.S.C. 3701(a)) is amended by strik- (C) in paragraph (4), by striking ‘‘; and’’ ‘‘(E) publish in the Federal Register a ing ‘‘(a) PURPOSES.—’’. and inserting a semicolon; charter; ‘‘(F) provide the Library of Congress SEC. 3. DEFINITIONS. (D) in paragraph (5)— (i) by striking ‘‘developed’’ and inserting with— Section 12403 of the Federal Ocean Acidifi- ‘‘and coastal acidification developed’’; and ‘‘(i) the charter described in subparagraph cation Research and Monitoring Act of 2009 (ii) by striking the period at the end and (E); (33 U.S.C. 3702) is amended— inserting ‘‘and coastal acidification; and’’; ‘‘(ii) any schedules and minutes for meet- (1) in paragraph (1), by striking ‘‘of the and ings of the Advisory Board; Earth’s oceans’’ and all that follows before (E) by adding at the end the following new ‘‘(iii) any documents that are approved by the period at the end and inserting ‘‘and paragraph: the Advisory Board; and changes in the water chemistry of the ‘‘(6) ensure that each of the Federal agen- ‘‘(iv) any reports and analysis prepared by Earth’s oceans, coastal estuaries, and water- cies represented on the interagency working the Advisory Board; and ways caused by carbon dioxide from the at- group— ‘‘(G) establish a publicly accessible web mosphere and the breakdown of organic mat- ‘‘(A) participates in the Ocean Acidifica- page on the website of the National Oceanic ter’’; tion Information Exchange established under and Atmospheric Administration, that con- (2) in paragraph (3), by striking ‘‘Joint paragraph (5); and tains the information described in clauses (i) Subcommittee on Ocean Science and Tech- ‘‘(B) delivers data and information to sup- through (iv) of subparagraph (F). nology of the National Science and Tech- port the data archive system established ‘‘(3) MEMBERSHIP.—The Advisory Board nology Council’’ and inserting ‘‘National under section 12406(d).’’; shall consist of 24 members as follows: Science and Technology Council Sub- (4) in subsection (c), in paragraph (2)— ‘‘(A) Two representatives of the shellfish committee on Ocean Science and Tech- (A) by inserting ‘‘, and to the Office of and crab industry. nology’’; Management and Budget,’’ after ‘‘House of ‘‘(B) One representative of the finfish in- (3) by redesignating paragraphs (1), (2), and Representatives’’; and dustry. (3) as paragraphs (2), (3), and (4), respec- (B) in subparagraph (B), by striking ‘‘the ‘‘(C) One representative of seafood proc- tively; interagency research’’ and inserting ‘‘inter- essors. (4) by inserting before paragraph (2), as so agency strategic research’’; ‘‘(D) Three representatives from academia, redesignated, the following new paragraph: (5) by redesignating subsection (c) as sub- including both natural and social sciences. ‘‘(1) COASTAL ACIDIFICATION.—The term section (d); and ‘‘(E) One representative of recreational ‘coastal acidification’ means the combined (6) by inserting after subsection (b) the fol- fishing. decrease in pH and changes in the water lowing: ‘‘(F) One representative of a relevant non- chemistry of coastal oceans, estuaries, and governmental organization. other bodies of water from chemical inputs ‘‘(c) ADVISORY BOARD.— ‘‘(G) Six representatives from relevant (including carbon dioxide from the atmos- ‘‘(1) ESTABLISHMENT.—The Chair of the State, local, and Tribal governments. phere), freshwater inputs, and excess nutri- Subcommittee shall establish an Ocean ‘‘(H) One representative from the Alaska ent run-off from land and coastal atmos- Acidification Advisory Board. Ocean Acidification Network or a subsequent pheric pollution that result in processes that ‘‘(2) DUTIES.—The Advisory Board shall— entity that represents the same geographical release carbon dioxide, acidic nitrogen, and ‘‘(A) not later than 180 days before the Sub- region and has a similar purpose. sulfur compounds as byproducts which end committee submits the most recent report ‘‘(I) One representative from the California up in coastal waters.’’; and under subsection (d)(2)— Current Acidification Network or a subse- (5) by adding at the end the following new ‘‘(i) review such report; quent entity that represents the same geo- paragraph: ‘‘(ii) submit an analysis of such report to graphical region and has a similar purpose. the Subcommittee for consideration in the ‘‘(5) STATE.—The term ‘State’ means each ‘‘(J) One representative from the Northeast State of the United States, the District of final report submitted under subsection Coastal Acidification Network or a subse- Columbia, the Commonwealth of Puerto (d)(2); and quent entity that represents the same geo- Rico, American Samoa, Guam, the Common- ‘‘(iii) concurrently with the Subcommit- graphical region and has a similar purpose. wealth of the Northern Mariana Islands, the tee’s final submission of the report under ‘‘(K) One representative from the South- Virgin Islands of the United States, and any subsection (d)(2), the Advisory Board shall east Coastal Acidification Network or a sub- other territory or possession of the United submit a copy of the analysis provided to the sequent entity that represents the same geo- States.’’. Subcommittee to the Committee on Com- graphical region and has a similar purpose. merce, Science, and Transportation of the ‘‘(L) One representative from the Gulf of SEC. 4. INTERAGENCY WORKING GROUP. Senate, the Committee on Science, Space, Mexico Coastal Acidification Network or a Section 12404 of the Federal Ocean Acidifi- and Technology of the House of Representa- subsequent entity that represents the same cation Research and Monitoring Act of 2009 tives, and the Committee on Natural Re- geographical region and has a similar pur- (33 U.S.C. 3703) is amended— sources of the House of Representatives; pose. (1) in the heading, by striking ‘‘SUB- ‘‘(B) not later than 180 days before the Sub- ‘‘(M) One representative from the Mid-At- COMMITTEE’’ and inserting ‘‘WORKING GROUP’’; committee submits the most recent stra- lantic Coastal Acidification Network or a (2) in subsection (a)— tegic research plan under subsection (d)(3) to subsequent entity that represents the same (A) in paragraph (1), by striking ‘‘Joint Congress— geographical region and has a similar pur- Subcommittee on Ocean Science and Tech- ‘‘(i) review such plan; pose. nology of the National Science and Tech- ‘‘(ii) submit an analysis of such plan and ‘‘(N) One representative from the Pacific nology Council shall coordinate Federal ac- the implementation thereof to the Sub- Islands Ocean Observing System or a subse- tivities on ocean acidification and establish’’ committee for consideration in the final quent entity that represents the island terri- and insert ‘‘Subcommittee shall establish strategic research plan submitted under sub- tories and possessions of the United States and maintain’’; section (d)(3); and in the Pacific Ocean, and the State of Hawaii (B) in paragraph (2), by striking ‘‘Wildlife ‘‘(iii) concurrently with the Subcommit- and has a similar purpose. Service,’’ and inserting ‘‘Wildlife Service, tee’s final submission of the strategic re- ‘‘(O) One representative from the Carib- the Bureau of Ocean Energy Management, search plan under subsection (d)(3), the Advi- bean Regional Association for Coastal Ocean the Environmental Protection Agency, the sory Board shall submit a copy of the anal- Observing or a subsequent entity that rep- Department of Agriculture, the Department ysis provided to the Subcommittee to the resents Puerto Rico and the United States of State, the Department of Energy, the De- Committee on Commerce, Science, and Virgin Islands and has a similar purpose. partment of the Navy, the National Park Transportation of the Senate, the Com- ‘‘(P) One representative from the National Service, the Bureau of Indian Affairs, the mittee on Science, Space, and Technology of Oceanic and Atmospheric Administration National Institute of Standards and Tech- the House of Representatives, and the Com- shall serve as an ex-officio member of the nology, the Smithsonian Institution,’’; and mittee on Natural Resources of the House of Advisory Board without a vote. (C) in paragraph (3), in the heading, by Representatives; ‘‘(4) APPOINTMENT OF MEMBERS.—The Chair striking ‘‘CHAIRMAN’’ and inserting ‘‘CHAIR’’; ‘‘(C) provide ongoing advice to the Sub- of the Subcommittee shall— (3) in subsection (b)— committee and the interagency working ‘‘(A) appoint members to the Advisory (A) in paragraph (1), by inserting ‘‘, includ- group on matters related to Federal activi- Board (taking into account the geographical ing the efforts of the National Oceanic and ties on ocean acidification and coastal acidi- interests of each individual to be appointed Atmospheric Administration to facilitate fication; as a member of the Advisory Board to ensure such implementation’’ after ‘‘of the plan’’; ‘‘(D) advise the Subcommittee and the that an appropriate balance of geographical (B) in paragraph (2)— interagency working group on— interests are represented by the members of (i) in subparagraph (A), by inserting ‘‘and ‘‘(i) efforts to coordinate research and the Advisory Board) who— coastal acidification’’ after ‘‘ocean acidifica- monitoring activities related to ocean acidi- ‘‘(i) represent the interest group for which tion’’; and fication and coastal acidification; and each seat is designated;

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.044 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2508 CONGRESSIONAL RECORD — HOUSE May 18, 2021 ‘‘(ii) demonstrate expertise on ocean acidi- ‘‘(iii) assessment of the effectiveness of (4) by striking subsection (e) and inserting fication or coastal acidification and its sci- such adaptation and mitigation strategies; the following: entific, economic, industry, cultural, and and’’; and ‘‘(e) ADVISORY BOARD EVALUATION.—Not community impacts; and (iv) by adding at the end the following new later than 180 days before a plan is submitted ‘‘(iii) have a record of distinguished service subparagraph: to Congress, the Subcommittee shall provide with respect to ocean acidification or coastal ‘‘(D) improve research on— the Advisory Board established under section acidification, and such impacts; ‘‘(i) ocean acidification and coastal acidifi- 12404(c) a copy of the plan for purposes of re- ‘‘(B) give consideration to nominations and cation; view under paragraph (2)(B)(i) of such sec- recommendations from the members of the ‘‘(ii) the interactions between and effects tion. interagency working group and the public of multiple combined stressors including ‘‘(f) PUBLICATION AND PUBLIC COMMENT.— for such appointments; and changes in water chemistry, changes in sedi- Not later than 90 days before the strategic ‘‘(C) ensure that an appropriate balance of ment delivery, hypoxia, and harmful algal research plan, or any revision thereof, is sub- scientific, industry, and geographical inter- blooms, on ocean acidification and coastal mitted to Congress, the Subcommittee shall ests are represented by the members of the acidification; and publish the plan in the Federal Register and Advisory Board. ‘‘(iii) the effect of environmental stressors provide an opportunity for submission of ‘‘(5) TERM OF MEMBERSHIP.—Each member on marine resources and ecosystems;’’; public comments for a period of not less than of the Advisory Board— (C) in paragraph (3)— 60 days.’’. ‘‘(A) shall be appointed for a 5-year term; (i) in subparagraph (F), by striking ‘‘data- SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES. and base development’’ and inserting ‘‘data man- Section 12406 of the Federal Ocean Acidifi- ‘‘(B) may be appointed to more than one agement’’; cation Research and Monitoring Act of 2009 term. (ii) in subparagraph (H) by striking ‘‘and’’ (33 U.S.C. 3705) is amended— ‘‘(6) CHAIR.—The Chair of the Sub- at the end; and (1) in subsection (a)— committee shall appoint one member of the (iii) by adding at the end the following new (A) in the matter preceding paragraph (1), Advisory Board to serve as the Chair of the subparagraphs: by inserting ‘‘coordination,’’ after ‘‘research, Advisory Board. ‘‘(J) assessment of adaptation and mitiga- monitoring,’’; ‘‘(7) MEETINGS.—Not less than once each calendar year, the Advisory Board shall meet tion strategies; and (B) in paragraph (1)— at such times and places as may be des- ‘‘(K) education and outreach activities;’’; (i) in subparagraph (B)— ignated by the Chair of the Advisory Board, (D) in paragraph (4), by striking ‘‘set (I) by inserting ‘‘including the Integrated in consultation with the Chair of the Sub- forth’’ and inserting ‘‘ensure an appropriate Ocean Observing System and the ocean ob- committee and the Chair of the interagency balance of contribution in establishing’’; serving assets of other Federal, State, and working group. (E) in paragraph (5), by striking ‘‘reports’’ Tribal agencies,’’ after ‘‘ocean observing as- ‘‘(8) BRIEFING.—The Chair of the Advisory and inserting ‘‘the best available peer-re- sets,’’; and Board shall brief the Subcommittee and the viewed scientific reports’’; (II) by inserting ‘‘and agency and depart- interagency working group on the progress (F) in paragraph (6)— ment missions, prioritizing the location of of the Advisory Board as necessary or at the (i) by inserting ‘‘and coastal acidification’’ monitoring instruments, assets, and projects request of the Subcommittee. after ‘‘ocean acidification’’; and to maximize the efficiency of resources and ‘‘(9) FEDERAL ADVISORY COMMITTEE ACT.— (ii) by striking ‘‘of the United States’’ and to optimize understanding of socioeconomic Section 14 of the Federal Advisory Com- inserting ‘‘within the United States’’; impacts and ecosystem health’’ after ‘‘re- mittee Act shall not apply to the Advisory (G) in paragraph (7), by striking ‘‘outline search program’’; Board.’’. budget requirements’’ and inserting ‘‘esti- (ii) in subparagraph (C)— SEC. 5. STRATEGIC RESEARCH PLAN. mate costs associated for full implementa- (I) by striking ‘‘adaptation’’ and inserting Section 12405 of the Federal Ocean Acidifi- tion of each element of the plan by fiscal ‘‘adaptation and mitigation’’; and cation Research and Monitoring Act of 2009 year’’; (II) by inserting ‘‘and supporting (33 U.S.C. 3704) is amended— (H) in paragraph (8)— socioeconomically vulnerable States, local (1) in subsection (a)— (i) by inserting ‘‘and coastal acidification’’ governments, Tribes, communities, and in- (A) by striking ‘‘acidification’’ each place after ‘‘ocean acidification’’ each place it ap- dustries through technical assistance and it appears and inserting ‘‘acidification and pears; mitigation strategies’’ after ‘‘marine eco- coastal acidification’’; (ii) by striking ‘‘its’’ and inserting ‘‘their’’; systems’’; (B) in the first sentence— and (iii) in subparagraph (E), by striking ‘‘its (i) by inserting ‘‘, and not later than every (iii) by striking ‘‘; and’’ at the end and in- impacts’’ and inserting ‘‘their respective im- 5 years thereafter’’ after ‘‘the date of enact- serting a semicolon; pacts’’; ment of this Act’’; (I) in paragraph (9), by striking the period (iv) in subparagraph (F), by striking ‘‘mon- (ii) by inserting ‘‘address the socio- at the end and inserting ‘‘; and’’; and itoring and impacts research’’ and inserting economic impacts of ocean acidification and (J) by adding at the end the following new ‘‘research, monitoring, and adaptation and coastal acidification and to’’ after ‘‘mitiga- paragraph: mitigation strategies’’; and tion strategies to’’; and ‘‘(11) describe monitoring needs necessary (v) by adding at the end the following new (iii) by striking ‘‘marine ecosystems’’ each to support potentially affected industry subparagraph: place it appears and inserting ‘‘ecosystems’’; members, coastal stakeholders, fishery man- ‘‘(G) research to improve understanding of and agement councils and commissions, non-Fed- the effect of— (C) in the second sentence, by inserting eral resource managers, and scientific ex- ‘‘(i) other environmental stressors on ‘‘and recommendations made by the Advi- perts on decision-making and adaptation re- ocean acidification and coastal acidification; sory Board in the review of the plan required lated to ocean acidification and coastal ‘‘(ii) multiple environmental stressors on under section 12404(c)(2)(B)(i)’’ after ‘‘sub- acidification.’’; living marine resources and coastal eco- section (d)’’; (3) in subsection (c)— systems; and (2) in subsection (b)— (A) in paragraph (1)(C), by striking ‘‘sur- ‘‘(iii) adaptation and mitigation strategies (A) in paragraph (1), by inserting ‘‘and so- face’’; to address the socioeconomic impacts of cial sciences’’ after ‘‘among the ocean (B) in paragraph (2), by inserting ‘‘and ocean acidification and coastal acidifica- sciences’’; coastal acidification’’ after ‘‘ocean acidification.’’; (B) in paragraph (2)— tion’’ each place it appears; (C) in paragraph (2), by striking ‘‘critical (i) in subparagraph (A), by striking ‘‘im- (C) in paragraph (3)— research projects that explore’’ and inserting pacts’’ and inserting ‘‘impacts, including (i) by striking ‘‘input, and’’ and inserting ‘‘critical research, education, and outreach trends of changes in ocean chemistry,’’; ‘‘inputs,’’; projects that explore and communicate’’; and (ii) in subparagraph (B)— (ii) by inserting ‘‘, marine food webs,’’ (D) in paragraphs (1) and (2), by striking (I) by striking ‘‘improve the ability to as- after ‘‘marine ecosystems’’; and ‘‘acidification’’ each place it appears and in- sess the’’ and inserting ‘‘assess the short- (iii) by inserting ‘‘, and modeling that sup- serting ‘‘acidification and coastal acidifica- term and long-term’’; and ports fisheries management’’ after ‘‘marine tion’’; and (II) by striking ‘‘; and’’ at the end and in- organisms’’; (2) by adding at the end the following new serting a semicolon; (D) in paragraph (5), by inserting ‘‘and subsections: (iii) by amending subparagraph (C) to read coastal acidification’’ after ‘‘ocean acidifica- ‘‘(c) RELATIONSHIP TO INTERAGENCY WORK- as follows: tion’’; and ING GROUP.—The National Oceanic and At- ‘‘(C) provide information for the— (E) by adding at the end the following new mospheric Administration shall serve as the ‘‘(i) development of adaptation and mitiga- paragraph: lead Federal agency responsible for coordi- tion strategies to address the socioeconomic ‘‘(8) Research to understand related and nating the Federal response to ocean acidifi- impacts of ocean acidification and coastal cumulative stressors and other biogeo- cation and coastal acidification, by— acidification; chemical processes occurring in conjunction ‘‘(1) leading the interagency working group ‘‘(ii) conservation of marine organisms and with ocean acidification and coastal acidifi- in implementing the strategic research plan ecosystems; cation.’’; and under section 12405;

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Act, the Secretary of Veterans Affairs, in efforts among Federal agencies in coopera- Section 12407 of the Federal Ocean Acidifi- collaboration with the Office of Operations, tion with State, local, and Tribal govern- cation Research and Monitoring Act of 2009 Security, and Preparedness of the Depart- ment and international partners; (33 U.S.C. 3706) is amended— ment of Veterans Affairs, the Veterans ‘‘(3) maintaining an Ocean Acidification (1) by striking ‘‘ocean acidification’’ each Health Administration, and the Office of Information Exchange described under sec- place it appears and inserting ‘‘ocean acidifi- Construction and Facilities Management of tion 12404(b)(5) to allow for information to be cation and coastal acidification’’; the Department, shall submit to the Com- electronically accessible, including informa- (2) in subsection (a)— mittees on Veterans’ Affairs of the Senate tion— (A) in the matter preceding paragraph (1), and the House of Representatives a report ‘‘(A) on ocean acidification developed by striking ‘‘its impacts’’ and inserting analyzing the policies, use, and maintenance through or used by the ocean acidification ‘‘their respective impacts’’; of cameras deployed by the Department for program described under section 12406(a); or (B) in paragraph (3), by striking ‘‘and its patient safety and law enforcement at med- ‘‘(B) that would be useful to State govern- impacts’’ and inserting ‘‘and their respective ical facilities of the Department. ments, local governments, Tribal govern- impacts’’; (b) ELEMENTS.—The report required by sub- ments, resource managers, policymakers, re- (C) in paragraph (4), by striking the period section (a) shall include the following: (1) A comprehensive review of the policies searchers, and other stakeholders in miti- at the end and inserting ‘‘; and’’; and and procedures of the Department regarding gating or adapting to the impacts of ocean (D) by adding at the end the following new the use and maintenance of cameras with re- acidification and coastal acidification; and paragraph: spect to the following: ‘‘(4) establishing and maintaining the data ‘‘(5) adaptation and mitigation strategies (A) Patient safety, including— archive system under subsection (d). to address socioeconomic effects of ocean (i) an analysis of how cameras are used to ATA ARCHIVE SYSTEM.— acidification and coastal acidification.’’; and ‘‘(d) D monitor staff and patients; ‘‘(1) MANAGEMENT.—The Secretary, in co- (3) by adding at the end the following: (ii) an analysis of the specific units within ordination with members of the interagency ‘‘(d) REQUIREMENT.—Recipients of grants medical facilities in which the use of cam- working group, shall provide for the long- from the National Science Foundation under eras is prioritized to protect patient safety; term stewardship of, and access to, data re- this subtitle that collect data described (iii) an analysis of the procedures regard- lating to ocean acidification and coastal under section 12406(d) shall— ing the positioning of cameras; acidification by establishing and maintain- ‘‘(1) collect data in accordance with the (iv) an analysis of the extent to which ing a data archive system that the National standards, protocols, or procedures estab- cameras monitor locations where drugs are Center for Environmental Information uses lished pursuant to section 12406(e); and stored to ensure that drugs are accounted to process, store, archive, provide access to, ‘‘(2) submit such data to the Director and for, and an assessment of whether this is a and incorporate to the extent possible, such the Secretary after publication, in accord- widely used practice; and data collected— ance with any rules promulgated by the Di- (v) an analysis of the actions taken to pre- ‘‘(A) through relevant federally-funded re- rector or the Secretary.’’. serve and protect patient privacy. search; and SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES. (B) Law enforcement of medical facilities ‘‘(B) by a Federal agency, State agency, Section 12408 of the Federal Ocean Acidifi- of the Department, including— local agency, Tribe, academic scientist, cit- cation Research and Monitoring Act of 2009 (i) how exterior cameras are used; izen scientist, or industry organization. (33 U.S.C. 3707) is amended— (ii) how interior cameras are used; and ‘‘(2) EXISTING GLOBAL OR NATIONAL DATA AS- (1) by striking ‘‘ocean acidification’’ each (iii) an analysis of locations, interior and SETS.—In establishing and maintaining the place it appears and inserting ‘‘ocean acidifi- exterior, in which camera use is prioritized. data archive system under paragraph (1), the cation and coastal acidification’’; (2) Recommendations of the Secretary to Secretary shall ensure that existing global (2) in subsection (a), by striking ‘‘its im- improve patient safety and law enforcement, or national data assets (including the data pacts’’ and inserting ‘‘their respective im- including— assets maintained by the National Centers pacts’’; and (A) the placement and maintenance of for Environmental Information, the Inte- (3) by adding at the end the following new cameras; grated Ocean Observing System, and other subsection: (B) the storage of data from such cameras; existing data systems within Federal agen- ‘‘(d) REQUIREMENT.—Researchers from the (C) the authority of supervisors at medical cies) are incorporated to the greatest extent National Aeronautics and Space Administra- facilities of the Department to review re- possible. tion under this subtitle that collect data described under section 12406(d) shall— cordings from cameras; ‘‘(e) STANDARDS, PROTOCOLS, AND PROCE- (D) the number of staff required to monitor DURES.—With respect to the data described ‘‘(1) collect such data in accordance with the standards, protocols, or procedures es- live footage from cameras at each medical in subsection (d), the Secretary, in coordina- facility of the Department; tion with members of the interagency work- tablished pursuant to section 12406(e); and ‘‘(2) submit such data to the Administrator (E) the funding necessary to address short- ing group, shall establish and revise as nec- falls with respect to cameras and the specific essary the standards, protocols, or proce- and the Secretary, in accordance with any rules promulgated by the Administrator or uses for such funding; dures for— (F) any additional actions required to pre- ‘‘(1) processing, storing, archiving, and pro- the Secretary.’’. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. serve and protect patient privacy; and viding access to such data; (G) such other matters the Secretary de- ‘‘(2) the interoperability and intercalibra- Section 12409 of the Federal Ocean Acidifi- cation Research and Monitoring Act of 2009 termines appropriate. tion of such data; (c) CAMERA DEFINED.—In this section, the (33 U.S.C. 3708) is amended— ‘‘(3) the collection of any metadata under- term ‘‘camera’’ means any video camera (1) in subsection (a), by striking ‘‘sub- lying such data; and used in a medical facility of the Department ‘‘(4) sharing such data with State, local, title—’’ and all that follows through para- of Veterans Affairs for purposes of patient and Tribal government programs, poten- graph (4) and inserting the following: ‘‘sub- safety or law enforcement, but does not in- tially affected industry members, coastal title— clude cameras used solely by the Inspector stakeholders, fishery management councils ‘‘(1) $30,500,000 for fiscal year 2022; General of the Department of Veterans Af- and commissions, non-Federal resource man- ‘‘(2) $35,000,000 for fiscal year 2023; fairs to assist in criminal investigations con- agers, and academia. ‘‘(3) $40,000,000 for fiscal year 2024; ducted by the Inspector General. ‘‘(4) $45,000,000 for fiscal year 2025; and ‘‘(f) DISSEMINATION OF OCEAN ACIDIFICATION FINANCIAL INCLUSION IN BANKING ACT OF 2021 ‘‘(5) $50,000,000 for fiscal year 2026.’’; and DATA AND COASTAL ACIDIFICATION DATA.— H.R. 1711 The Secretary, in coordination with mem- (2) in subsection (b), by striking ‘‘sub- Be it enacted by the Senate and House of Rep- bers of the interagency working group, shall title—’’ and all that follows through paragraph (4) and inserting the following: ‘‘sub- resentatives of the United States of America in disseminate the data described under sub- Congress assembled, section (d) to the greatest extent practicable title $20,000,000 for each of the fiscal years SECTION 1. SHORT TITLE. by sharing such data on full and open access 2022 through 2026.’’. This Act may be cited as the ‘‘Financial DIRECTING SECRETARY OF VETERANS AFFAIRS exchanges. Inclusion in Banking Act of 2021’’. ‘‘(g) REQUIREMENT.—Recipients of grants TO SUBMIT A REPORT ON USE OF CAMERAS IN SEC. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES MEDICAL CENTERS OF DEPARTMENT OF VET- from the National Oceanic and Atmospheric WITH RESPECT TO UNDER-BANKED, ERANS AFFAIRS Administration under this subtitle that col- UN-BANKED, AND UNDERSERVED lect data described under subsection (d) H.R. 1510 CONSUMERS. shall— Be it enacted by the Senate and House of Rep- Section 1013(b)(2) of the Consumer Finan- ‘‘(1) collect such data in accordance with resentatives of the United States of America in cial Protection Act of 2010 (12 U.S.C. the standards, protocols, or procedures es- Congress assembled, 5493(b)(2)) is amended— tablished pursuant to subsection (e); and SECTION 1. REPORT ON USE OF CAMERAS IN (1) by striking ‘‘The Director shall estab- ‘‘(2) submit such data to the data archive MEDICAL FACILITIES OF THE DE- lish a unit’’ and inserting the following: system under subsection (d) after publica- PARTMENT OF VETERANS AFFAIRS. ‘‘(A) IN GENERAL.—The Director shall es- tion, in accordance with any rules promul- (a) REPORT REQUIRED.—Not later than one tablish a unit to be known as the ‘Office of gated by the Secretary.’’. year after the date of the enactment of this Community Affairs’ ’’; and

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(2) by adding at the end the following: MSI STEM ACHIEVEMENT ACT SEC. 4. RESEARCH AND CAPACITY BUILDING. ‘‘(B) DUTIES RELATED TO UNDER-BANKED, UN- H.R. 2027 (a) IN GENERAL.—The Director of the Na- BANKED, AND UNDERSERVED CONSUMERS.— Be it enacted by the Senate and House of Rep- tional Science Foundation shall award grants, on a competitive basis, to institu- ‘‘(i) IN GENERAL.—The Office of Community resentatives of the United States of America in tions of higher education or nonprofit orga- Affairs shall— Congress assembled, ‘‘(I) lead coordination of research to iden- nizations (or consortia thereof) to— SECTION 1. SHORT TITLE. (1) conduct research described in sub- tify any causes and challenges contributing This Act may be cited as the ‘‘MSI STEM section (b) with respect to HBCUs, TCUs, and to the decision of individuals who, and Achievement Act’’. MSIs; households that, do not initiate or maintain SEC. 2. FINDINGS. on-going and sustainable relationships with (2) conduct activities described in sub- Congress makes the following findings: section (c) to build the capacity of HBCUs, depository institutions, including consulting (1) Evidence suggests that the supply of with trade associations representing deposi- TCUs, and MSIs to graduate students who STEM workers is not keeping pace with the are competitive in attaining and advancing tory institutions, trade associations rep- rapidly evolving needs of the public and pri- resenting minority depository institutions, in the STEM workforce; vate sector, resulting in a deficit often re- (3) build the research capacity and com- organizations representing the interests of ferred to as a STEM skills shortage. traditionally underserved consumers and petitiveness of HBCUs, TCUs, and MSIs in (2) According to the Bureau of Labor Sta- STEM disciplines; and communities, organizations representing the tistics, the United States will need one mil- interests of consumers (particularly low- and (4) identify and broadly disseminate effec- lion additional STEM professionals than it is tive models for programs and practices at moderate-income individuals), civil rights on track to produce in the coming decade. groups, community groups, consumer advo- HBCUs, TCUs, and MSIs that promote the (3) STEM occupations offer higher wages, education and workforce preparation of mi- cates, and the Consumer Advisory Board more opportunities for advancement, and a about this matter; nority students pursuing STEM studies and higher degree of job security than non-STEM careers in which such students are underrep- ‘‘(II) identify subject matter experts within occupations. the Bureau to work on the issues identified resented. (4) The composition of the STEM work- (b) RESEARCH.—Research described in this under subclause (I); force does not reflect the current or pro- subsection is research on the contribution of ‘‘(III) lead coordination efforts between jected diversity of the Nation, with His- HBCUs, TCUs, and MSIs to the education and other Federal departments and agencies to panics, African Americans, and other racial training of underrepresented minority stu- better assess the reasons for the lack of, and and ethnic minorities, significantly under- dents in STEM fields and to the meeting of help increase the participation of, underrepresented in the STEM workforce com- national STEM workforce needs, including— banked, un-banked, and underserved con- pared to their presence in the workforce (1) the diversity with respect to local consumers in the banking system; and more generally. text, cultural differences, and institutional ‘‘(IV) identify and develop strategies to in- (5) A stronger national commitment to in- structure among HBCUs, TCUs, and MSIs crease financial education to under-banked, creasing the diversity of the STEM work- and any associated impact on education and un-banked, and underserved consumers. force is needed to help address the STEM research endeavors; ‘‘(ii) COORDINATION WITH OTHER BUREAU OF- skills shortage. (2) effective practices at HBCUs, TCUs, and FICES.—In carrying out this paragraph, the (6) According to a 2019 National Academies MSIs and associated outcomes on student re- Office of Community Affairs shall consult of Sciences, Engineering, and Medicine recruitment, retention, and advancement in with and coordinate with the research unit port entitled ‘‘Minority Serving Institutions: STEM fields, including the ability for stu- established under subsection (b)(1) and such America’s Underutilized Resource for dents to compete for fellowships, employ- other offices of the Bureau as the Director Strengthening the STEM Workforce’’, 2- and ment, and advancement in the workforce; may determine appropriate. 4-year minority serving institutions enroll (3) contributions made by HBCUs, TCUs, ‘‘(iii) REPORTING.— nearly 30 percent of all undergraduate stu- and MSIs to local, regional, and national ‘‘(I) IN GENERAL.—The Office of Community dents—a percentage that is expected to grow workforces; Affairs shall submit a report to Congress, in the coming years—in the United States (4) the unique challenges and opportunities within two years of the date of enactment of higher education system and play a critical for HBCUs, TCUs, and MSIs in attaining the this subparagraph and every 2 years there- role in providing important pathways to resources needed for integrating effective after, that identifies any factors impeding STEM-related education, training, and ca- practices in STEM education, including pro- the ability of, or limiting the option for, in- reers for students of color. viding research experiences for underrep- dividuals or households to have access to (7) HBCUs, TCUs, and MSIs are highly suc- resented minority students; fair, on-going, and sustainable relationships cessful at educating underrepresented minor- (5) the access of students at HBCUs, TCUs, with depository institutions to meet their fi- ity students in STEM fields and can serve as and MSIs to STEM infrastructure and any nancial needs, discusses any regulatory, best practice models for other colleges and associated outcomes for STEM competency; legal, or structural barriers to enhancing universities to further expand participation (6) models of STEM curriculum, learning, participation of under-banked, un-banked, of underrepresented minorities in the STEM and teaching successful at HBCUs, TCUs, and and underserved consumers with depository workforce. MSIs for increasing participation, retention, institutions, and contains recommendations (8) Increased investment in STEM infra- and success of underrepresented minority to promote better participation for all con- structure at HBCUs, TCUs, and MSIs has the students; and sumers with the banking system. potential to increase these institutions’ abil- (7) successful or promising partnerships be- ‘‘(II) TIMING OF REPORT.—To the extent ity to educate even more students in the tween HBCUs, TCUs, and MSIs and other in- possible, the Office shall submit each report STEM disciplines. stitutions of higher education, private sector required under subclause (I) during a year in (9) With the demand for STEM skills ex- and non-profit organizations, Federal labora- which the Federal Deposit Insurance Cor- ceeding the supply of STEM graduates, suc- tories, and international research institu- poration does not issue the report on encour- cess of HBCUs, TCUs, and MSIs in educating tions. aging use of depository institutions by the and training science and engineering leaders (c) CAPACITY BUILDING.—Activities de- unbanked required under section 49 of the is increasingly important for United States scribed in this subsection include the design, Federal Deposit Insurance Act.’’. economic growth and competitiveness. development, implementation, expansion, SEC. 3. DISCRETIONARY SURPLUS FUNDS. SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE and assessment of— (a) IN GENERAL.—The dollar amount speci- REVIEW. (1) metrics of success to best capture the fied under section 7(a)(3)(A) of the Federal Not later than 3 years after the date of en- achievements of HBCUs, TCUs, and MSIs and Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced actment of this Act, the Comptroller General students of such institutions to account for by $10,000,000. of the United States shall report to Con- institutional context and missions, faculty gress— investment, student populations, student (b) EFFECTIVE DATE.—The amendment (1) an inventory of competitive funding needs, and institutional resource con- made by subsection (a) shall take effect on programs and initiatives carried out by Fed- straints; September 30, 2031. eral science agencies that are targeted to (2) enhancements to undergraduate STEM SEC. 4. DETERMINATION OF BUDGETARY EF- HBCUs, TCUs, and MSIs or partnerships with curriculum at HBCUs, TCUs, and MSIs to in- FECTS. HBCUs, TCUs, and MSIs; crease the participation, retention, degree The budgetary effects of this Act, for the (2) an assessment of Federal science agen- completion, and success of underrepresented purpose of complying with the Statutory cy outreach activities to increase the par- students; Pay-As-You-Go Act of 2010, shall be deter- ticipation and competitiveness of HBCUs, (3) professional development programs to mined by reference to the latest statement TCUs, and MSIs in the funding programs and increase the numbers and the high-quality titled ‘‘Budgetary Effects of PAYGO Legisla- initiatives identified in paragraph (1); and preparation of STEM faculty at HBCUs, tion’’ for this Act, submitted for printing in (3) recommendations of the Comptroller TCUs, and MSIs, including programs to en- the Congressional Record by the Chairman of General to increase the participation of and courage STEM doctoral students to teach at the House Budget Committee, provided that the rate of success of HBCUs, TCUs, and HBCUs, TCUs, and MSIs; and such statement has been submitted prior to MSIs in competitive funding programs of- (4) mechanisms for institutions of higher the vote on passage. fered by Federal science agencies. education that are not HBCUs, TCUs, or

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.043 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2511 MSIs to partner with HBCUs, TCUs, and (2) to publish annual forecasts of funding policy guidelines developed under this sec- MSIs on STEM education, including the fa- opportunities and proposal deadlines, includ- tion. cilitation of student transfer, mentoring pro- ing for grants, contracts, subcontracts, and SEC. 6. DEFINITIONS. grams for students and junior faculty, joint cooperative agreements; In this Act: research projects, and student access to (3) to conduct on-site reviews of research (1) DIRECTOR.—The term ‘‘Director’’ means graduate education. facilities at HBCUs, TCUs, and MSIs, as the Director of the Office of Science and (d) RESEARCH EXPERIENCES.—Grants under practicable, and make recommendations re- Technology Policy. this section may fund the development or ex- garding strategies for becoming more com- (2) FEDERAL LABORATORY.—The term ‘‘Fed- pansion of opportunities for the exchange of petitive in research; eral laboratory’’ has the meaning given such students and faculty to conduct research, in- (4) to hold geographically accessible or vir- term in section 4 of the Stevenson-Wydler cluding through partnerships with institu- tual workshops on research priorities of the Technology Innovation Act of 1980 (15 U.S.C. tions of higher education that are not Federal science agency and on how to write 3703). HBCUs, TCUs, or MSIs, private sector and competitive grant proposals; (3) FEDERAL SCIENCE AGENCY.—The term non-profit organizations, Federal labora- (5) to ensure opportunities for HBCUs, ‘‘Federal science agency’’ means any Federal tories, and international research institu- TCUs, and MSIs to directly communicate agency with an annual extramural research tions. with Federal science agency officials respon- expenditure of over $100,000,000. (e) PARTNERSHIPS.—In awarding grants sible for managing competitive grant pro- under this section, the Director of the Na- (4) HBCU.—The term ‘‘HBCU’’ has the grams in order to receive feedback on re- meaning given the term ‘‘part B institution’’ tional Science Foundation shall— search ideas and proposals, including guid- (1) encourage HBCUs, TCUs, and MSIs and in section 322 of the Higher Education Act of ance on the Federal science agency’s peer re- 1965 (20 U.S.C. 1061). consortia thereof and partnerships with one view process; or more HBCU, TCU, or MSI, to submit pro- (5) INSTITUTION OF HIGHER EDUCATION.—The (6) to foster mutually beneficial public-pri- term ‘‘institution of higher education’’ has posals; vate collaboration among Federal science (2) require proposals submitted in partner- the meaning given such term in section 101 agencies, industry, Federal laboratories, aca- of the Higher Education Act of 1965 (20 U.S.C. ship with one or more HBCU, TCU, or MSI demia, and nonprofit organizations to— 1001). include a plan for establishing a sustained (A) identify alternative sources of funding (6) MINORITY SERVING INSTITUTION.—The partnership that is jointly developed and for STEM education and research at HBCUs, term ‘‘minority serving institution’’ or managed, draws from the capacities of each TCUs, and MSIs; ‘‘MSI’’ means Hispanic-Serving Institutions institution, and is mutually beneficial; and (B) provide access to high-quality, relevant as defined in section 502 of the Higher Edu- (3) encourage proposals submitted in part- research experiences for students and faculty cation Act of 1965 (20 U.S.C. 1101a); Alaska nership with the private sector, non-profit of HBCUs, TCUs, and MSIs; Native Serving Institutions and Native Ha- organizations, Federal laboratories, and (C) expand the professional networks of waiian-Serving Institutions as defined in international research institutions, as appro- students and faculty of HBCUs, TCUs, and section 317 of the Higher Education Act of priate. MSIs; (f) MSI CENTERS OF INNOVATION.—Grants (D) broaden STEM educational opportuni- 1965 (20 U.S.C. 1059d); and Predominantly under this section may fund the establish- ties for students and faculty of HBCUs, Black Institutions, Asian American and Na- ment of no more than five MSI Centers of In- TCUs, and MSIs; and tive American Pacific Islander-Serving Insti- novation to leverage successes of HBCUs, (E) support the transition of students of tutions, and Native American-Serving Non- TCUs, and MSIs in STEM education and re- HBCUs, TCUs, and MSIs into the STEM tribal Institutions as defined in section 371 of search training of underrepresented minority workforce; and the Higher Education Act of 1965 (20 U.S.C. students as models for other institutions, in- (7) to publish an annual report that pro- 1067q(c)). cluding both HBCUs, TCUs, and MSIs and in- vides an account of Federal science agency (7) STEM.—The term ‘‘STEM’’ has the stitutions of higher education that are not investments in HBCUs, TCUs, and MSIs, in- meaning given the term in the STEM Edu- HBCUs, TCUs, or MSIs. Such centers will be cation Act of 2015 (42 U.S.C. 1861 et seq.). located on campuses of selected institutions cluding data on the level of participation of HBCUs, TCUs, and MSIs as prime recipients/ (8) TCU.—The term ‘‘TCU’’ has the mean- of higher education and serve as incubators ing given the term ‘‘Tribal College or Uni- to allow institutions of higher education to contractors or subrecipients/subcontractors. (c) STRATEGIC PLAN.— versity’’ in section 316 of the Higher Edu- experiment, pilot, evaluate, and scale up cation Act of 1965 (20 U.S.C. 1059c). promising practices. (1) IN GENERAL.—Not later than 1 year after GI BILL NATIONAL EMERGENCY EXTENDED (g) AUTHORIZATION OF APPROPRIATIONS.— the date of enactment of this Act, the Direc- There are authorized to be appropriated to tor, in collaboration with the head of each DEADLINE ACT the Director of the National Science Founda- Federal science agency, shall submit to Con- H.R. 2167 tion $170,000,000 for fiscal year 2022, gress a report containing a strategic plan for Be it enacted by the Senate and House of Rep- $175,000,000 for fiscal year 2023, $180,000,000 for each Federal science agency to increase the resentatives of the United States of America in fiscal year 2024, $185,000,000 for fiscal year capacity of HBCUs, TCUs, and MSIs to com- Congress assembled, pete effectively for grants, contracts, or co- 2025, and $190,000,000 fiscal year 2026 to carry SECTION 1. SHORT TITLE. operative agreements and to encourage out this section. This Act may be cited as the ‘‘GI Bill Na- HBCUs, TCUs, and MSIs to participate in SEC. 5. AGENCY RESPONSIBILITIES. tional Emergency Extended Deadline Act’’. Federal programs. (a) IN GENERAL.—In consultation with out- SEC. 2. EXTENSION OF TIME LIMITATION FOR (2) CONSIDERATIONS.—In developing a stra- side stakeholders and the heads of the Fed- USE OF ENTITLEMENT UNDER DE- eral science agencies, the Director shall de- tegic plan under paragraph (1), the Director PARTMENT OF VETERANS AFFAIRS velop a uniform set of policy guidelines for and each head of each Federal science agen- EDUCATIONAL ASSISTANCE PRO- Federal science agencies to carry out a sus- cy shall consider— GRAMS BY REASON OF SCHOOL CLO- tained program of outreach activities to in- (A) issuing new or expanding existing fund- SURES DUE TO EMERGENCY AND crease clarity, transparency, and accounting opportunities targeted to HBCUs, TCUs, OTHER SITUATIONS. ability for Federal science agency invest- and MSIs; (a) MONTGOMERY GI BILL.—Section 3031 of ments in STEM education and research ac- (B) modifying existing research and devel- title 38, United States Code, is amended— tivities at HBCUs, TCUs, and MSIs. opment program solicitations to incentivize (1) in subsection (a), by inserting ‘‘and sub- (b) OUTREACH ACTIVITIES.—In developing effective partnerships with HBCUs, TCUs, section (i)’’ after ‘‘through (g)’’; and policy guidelines under subsection (a) the Di- and MSIs; (2) by adding at the end the following new rector shall include guidelines that require (C) offering planning grants for HBCUs, subsection: each Federal science agency— TCUs, and MSIs to develop or equip grant of- ‘‘(i)(1) In the case of an individual eligible (1) to designate a liaison for HBCUs, TCUs, fices with the requisite depth of knowledge for educational assistance under this chapter and MSIs responsible for— to submit competitive grant proposals and who is prevented from pursuing the individ- (A) enhancing direct communication with manage awarded grants; ual’s chosen program of education before the HBCUs, TCUs, and MSIs to increase the Fed- (D) offering additional training programs expiration of the 10-year period for the use of eral science agency’s understanding of the and individualized and timely guidance to entitlement under this chapter otherwise ap- capacity and needs of such institutions and grant officers faculty and postdoctoral re- plicable under this section because of a cov- to raise awareness of available Federal fund- searchers at HBCUs, TCUs, and MSIs to en- ered reason, as determined by the Secretary, ing opportunities at such institutions; sure they understand the requirements for such 10-year period— (B) coordinating programs, activities, and an effective grant proposal; and ‘‘(A) shall not run during the period the in- initiatives while accounting for the capacity (E) other approaches for making current dividual is so prevented from pursuing such and needs of HBCUs, TCUs, and MSIs; competitive funding models more accessible program; and (C) tracking Federal science agency invest- for under-resourced HBCUs, TCUs, and MSIs. ‘‘(B) shall again begin running on a date ments in and engagement with HBCUs, (d) REPORT TO CONGRESS.—Not later than 2 determined by the Secretary that is— TCUs, and MSIs; and years after the date of enactment of this ‘‘(i) not earlier than the first day after the (D) reporting progress toward increasing Act, and every 5 years thereafter, the Direc- individual is able to resume pursuit of a pro- participation of HBCUs, TCUs, and MSIs in tor shall report to Congress on the imple- gram of education with educational assist- grant programs; mentation by Federal science agencies of the ance under this chapter; and

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.034 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2512 CONGRESSIONAL RECORD — HOUSE May 18, 2021 ‘‘(ii) not later than 90 days after that day. (A) in subparagraph (A), by striking ‘‘or (5) The amount of savings that are esti- ‘‘(2) In this subsection, a covered reason 33’’ and inserting ‘‘, 33, or 35’’; and mated to be realized from using the modern is— (B) in subparagraph (B), by striking ‘‘or information technology service rather than ‘‘(A) the temporary or permanent closure 33’’ and inserting ‘‘33, or 35’’; and legacy information technology systems. of an educational institution by reason of an (2) in paragraph (2), by striking ‘‘or 33’’ and (6) The estimated accuracy of processing emergency situation; or inserting ‘‘33, or 35’’. claims. ‘‘(B) another reason that prevents the indi- (c) EFFECTIVE DATE.—The amendments (7) The estimated timeliness for— vidual from pursuing the individual’s chosen made by this Act shall take effect on the (A) processing original claims; and program of education, as determined by the date of the enactment of this Act and shall (B) processing supplemental claims. Secretary.’’. apply with respect to an academic period (8) A description of how the modern infor- (b) POST-9/11 EDUCATIONAL ASSISTANCE.— that begins on or after August 1, 2022. mation technology service will— Section 3321(b)(1) of such title is amended— SEC. 5. IMPROVEMENTS TO INFORMATION TECH- (A) automate the processing of original (1) by inserting ‘‘(A)’’ before ‘‘Sub- NOLOGY SERVICES USED TO PROC- claims; and sections’’; ESS CLAIMS FOR EDUCATIONAL AS- SISTANCE. (B) automate the processing of supple- (2) by striking ‘‘and (d)’’ and inserting ‘‘(d), mental claims. (a) MODERN INFORMATION TECHNOLOGY and (i)’’; and (d) DEFINITIONS.—In this section: SERVICE.—The Secretary of Veterans Affairs (3) by adding at the end the following new shall implement an information technology (1) The term ‘‘legacy information tech- subparagraph: service to process claims for educational as- nology system’’ means an information tech- ‘‘(B) Subsection (i) of section 3031 of this sistance under chapters 30, 33, 35, and 36 of nology system used by the Department of title shall apply with respect to the running title 38, United States Code, using one or Veterans Affairs to process claims for edu- of the 15-year period described in paragraphs more commercial software systems. The Sec- cational assistance under chapters 30, 33, 35, (4)(A) and (5)(A) of this subsection in the retary shall complete such implementation and 36 of title 38, United States Code, before same manner as such subsection (i) applies not later than August 1, 2024. the date on which the Secretary of Veterans under such section 3031 with respect to the (b) REQUIRED CAPABILITIES.—The Secretary Affairs awards a contract under subsection running of the 10-year period described in shall ensure that the modern information (a) for the modern information technology subsection (a) of such section.’’. technology service under subsection (a) has service. SEC. 3. EXTENSION OF PERIOD OF ELIGIBILITY the following capabilities: (2) The term ‘‘modern information tech- BY REASON OF SCHOOL CLOSURES (1) As compared to legacy information nology service’’ means the information tech- DUE TO EMERGENCY AND OTHER technology systems— nology service implemented under sub- SITUATIONS UNDER DEPARTMENT (A) the ability to process claims faster and section (a) to process claims for educational OF VETERANS AFFAIRS TRAINING in a more efficient manner by improving assistance under chapters 30, 33, 35, and 36 of AND REHABILITATION PROGRAM FOR VETERANS WITH SERVICE-CON- processing integration and accuracy; title 38, United States Code. NECTED DISABILITIES. (B) improved data exchange and reporting; SEC. 6. TIME PERIOD FOR ELIGIBILITY UNDER Section 3103 of title 38, United States Code, and SURVIVORS’ AND DEPENDENTS’ EDU- is amended— (C) improved customer integration and CATIONAL ASSISTANCE PROGRAM simplification of the online experience. OF DEPARTMENT OF VETERANS AF- (1) in subsection (a), by striking ‘‘or (g)’’ FAIRS. and inserting ‘‘(g), or (h)’’; and (2) Timely communication by employees of (a) IN GENERAL.—Section 3512 of title 38, (2) by adding at the end the following new the Department of Veterans Affairs to individuals and educational institutions using an United States Code, is amended— subsection: (1) by redesignating subsection (h) as sub- ‘‘(h)(1) In the case of a veteran who is eligi- online portal that can provide real-time in- section (f); and ble for a vocational rehabilitation program formation on claims for educational assist- (2) by adding at the end the following new under this chapter and who is prevented ance. (3) The ability to be customized to address subsection: from participating in the vocational reha- ‘‘(g) Notwithstanding any other provision bilitation program within the period of eligi- future capabilities required by law. (4) Fully automated to the extent prac- of this section, the following persons may be bility prescribed in subsection (a) because of afforded educational assistance under this a covered reason, as determined by the Sec- ticable for all original and supplemental claims, including with respect to calculating chapter at any time after August 1, 2023, and retary, such period of eligibility— without regard to the age of the person: ‘‘(A) shall not run during the period the accurate awards. (5) The ability for individuals entitled to ‘‘(1) A person who first becomes an eligible veteran is so prevented from participating in person on or after August 1, 2023. such program; and educational assistance to electronically apply for, withdraw from, and amend such ‘‘(2) A person who— ‘‘(B) shall again begin running on a date ‘‘(A) first becomes an eligible person before determined by the Secretary that is— entitlement, and to reallocate a transferred entitlement. August 1, 2023; and ‘‘(i) not earlier than the first day after the ‘‘(B) becomes 18 years of age, or completes veteran is able to resume participation in a (6) The ability to electronically process changes made by educational institutions. secondary schooling, on or after August 1, vocational rehabilitation program under this 2023.’’. chapter; and (7) The ability to verify attendance at an educational institution. (b) CONFORMING AMENDMENTS.—Such sec- ‘‘(ii) not later than 90 days after that day. (8) The ability to process validations made tion is further amended— ‘‘(2) In this subsection, a covered reason (1) in subsection (a), by striking ‘‘The edu- is— by an educational institution. (c) INITIAL REPORT.—Not later than 120 cational’’ and inserting ‘‘Except as provided ‘‘(A) the temporary or permanent closure days after the date of the enactment of this in subsection (g), the educational’’; of an educational institution by reason of an Act, the Secretary shall submit to the Com- (2) in subsection (b)— emergency situation; or mittees on Veterans’ Affairs of the House of (A) in paragraph (1)(A), by inserting ‘‘sub- ‘‘(B) another reason that prevents the vet- Representatives and the Senate a report con- section (g) or’’ after ‘‘provided in’’; and eran from participating in the vocational retaining information on the cost, schedule, (B) in paragraph (2), by striking ‘‘Notwith- habilitation program, as determined by the and performance of the project for imple- standing’’ and inserting ‘‘Except as provided Secretary.’’. menting such system, including, with rein subsection (g), notwithstanding’’; and SEC. 4. DEPARTMENT OF VETERANS AFFAIRS spect to such project, the following: (3) in subsection (e), by striking ‘‘No per- DISAPPROVAL OF COURSES OF- (1) An estimate of acquisition, implemen- son’’ and inserting ‘‘Except as provided in FERED BY PUBLIC INSTITUTIONS OF tation, and life cycle costs (including all di- HIGHER LEARNING THAT DO NOT subsection (g), no person’’. CHARGE VETERANS THE IN-STATE rect and indirect costs to acquire, imple- SEC. 7. PILOT PROGRAM ON SHORT-TERM FEL- TUITION RATE FOR PURPOSES OF ment, operate, and maintain such system). LOWSHIP PROGRAMS. SURVIVORS’ AND DEPENDENTS’ EDU- (2) An intended implementation schedule (a) AUTHORITY.—The Assistant Secretary CATIONAL ASSISTANCE PROGRAM. indicating significant milestones, initial op- of Labor for Veterans’ Employment and (a) IN GENERAL.—Section 3679(c) of title 38, erating capability, and full operating capa- Training shall carry out a pilot program United States Code, is amended— bility or completion. under which a State may use a grant or con- (1) in paragraph (1), by striking ‘‘or 33’’ and (3) Key business, functional, or perform- tract under section 4102A(b)(5) of title 38, inserting ‘‘33, or 35’’; ance objectives. United States Code, to carry out a short- (2) in paragraph (2), by adding at the end (4) With respect to both original claims term fellowship program. the following new subparagraph: and supplemental claims processed on a (b) LOCATIONS; AGREEMENTS.—The Sec- ‘‘(D) An individual who is entitled to as- monthly basis, statistics regarding— retary shall select at least three, but not sistance under section 3510 of this title.’’; (A) the number of such claims processed more than five, States to carry out a short- and using legacy information systems; term fellowship program pursuant to sub- (3) in paragraph (6), by striking ‘‘and 33’’ (B) the number of such claims that were section (a). Each such State shall enter into and inserting ‘‘33, and 35’’. off-ramped and processed manually; and an agreement with a non-profit organization (b) CONFORMING AMENDMENTS.—Section (C) the number of such claims estimated to to carry out such program. 3679(e) of such title is amended— be processed using the modern information (c) SHORT-TERM FELLOWSHIP PROGRAM.— (1) in paragraph (1)— technology service. Each short-term fellowship program carried

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.035 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2513 out by a State pursuant to subsection (a) (1) whether the mental health care fur- ministration is under the Under Secretary shall— nished by the Secretary (through resources for Veterans Economic Opportunity and (1) consist of veterans participating as fel- including the RANGE Program, Enhanced Transition, who is directly responsible to the lows with an employer for a period not ex- RANGE Program, mental health residential Secretary for the operations of the Adminis- ceeding 20 weeks; rehabilitation treatment programs, inpa- tration. (2) provide to such veterans a monthly sti- tient mental health services, and PRR cen- ‘‘§ 8002. Functions of Administration pend during such period; and ters) is sufficient to meet the covered mental ‘‘The Veterans Economic Opportunity and (3) provide to such veterans an opportunity health care needs of rural veterans; Transition Administration is responsible for to be employed on a long-term basis with the (2) how best to expand and to appropriately the administration of the following programs employer following such period. locate resources described in paragraph (1); of the Department: (d) AMOUNT OF STIPEND.—The amount of (3) whether to require the establishment of ‘‘(1) Vocational rehabilitation and employ- the stipend provided to a veteran pursuant a PRR center at a medical facility of the De- ment programs. to subsection (c)(2) for a month shall be the partment that serves 1,000 or more veterans ‘‘(2) Educational assistance programs. amount equal to the amount of the wages on the National Psychosis Registry; ‘‘(3) Veterans’ housing loan and related earned by the veteran during that month for (4) the demand by rural veterans for men- programs. participating in the fellowship. tal health resources specified in paragraph ‘‘(4) The verification of small businesses (e) COMPTROLLER GENERAL REPORT.—Not (1); owned and controlled by veterans pursuant later than four years after the date on which (5) the average wait time for a rural vet- to subsection (f) of section 8127 of this title, the pilot program commences under this sec- eran for mental health resources specified in including the administration of the database tion, the Comptroller General of the United paragraph (1); and of veteran-owned businesses described in States shall submit to the Committees on (6) how many rural veterans died by sui- such subsection. Veterans’ Affairs of the House of Representa- cide or overdose— ‘‘(5) The Transition Assistance Program tives and the Senate a report on the pilot (A) while on a wait list for mental health under section 1144 of title 10. program. resources specified in paragraph (1); and ‘‘(6) Any other program of the Department (f) DEFINITION OF STATE.—In this section, (B) during the term of the study. that the Secretary determines appropriate. the term ‘‘State’’ has the meaning given (b) REPORT REQUIRED.—Not later than 18 ‘‘§ 8003. Annual report to Congress such term in section 4101(6) of title 38, months after the date of the enactment of United States Code. this Act, the Comptroller General shall sub- ‘‘The Secretary shall include in the annual report to the Congress required by section (g) AUTHORIZATION OF APPROPRIATIONS.—In mit to the Committees on Veterans’ Affairs 529 of this title a report on the programs ad- addition to funds made available under sec- of the Senate and House of Representatives a ministered by the Under Secretary for Vet- tion 4102A(b)(5) of title 38, United States report containing the results of the study erans Economic Opportunity and Transition. Code, there is authorized to be appropriated under this section. to the Assistant Secretary to carry out the Each such report shall include the following SEC. 4. DEFINITIONS. pilot program under this section $15,000,000 with respect to each such program during In this Act: for each of fiscal years 2021 through 2025. the fiscal year covered by that report: (1) The term ‘‘covered mental health care’’ ‘‘(1) The number of claims received. SEC. 8. DETERMINATION OF BUDGETARY EF- means mental health care that is more in- FECTS. ‘‘(2) The number of claims decided. tensive than traditional outpatient therapy. The budgetary effects of this Act, for the ‘‘(3) The average processing time for a (2) The term ‘‘PRR center’’ means a psy- purpose of complying with the Statutory claim. chosocial rehabilitation and recovery center Pay-As-You-Go Act of 2010, shall be deter- ‘‘(4) The number of successful outcomes (as of the Department of Veterans Affairs. mined by reference to the latest statement determined by the Secretary). (3) The term ‘‘RANGE Program’’ means titled ‘‘Budgetary Effects of PAYGO Legisla- ‘‘(5) The number of full-time equivalent the Rural Access Network for Growth En- tion’’ for this Act, submitted for printing in employees. hancement Program of the Department of the Congressional Record by the Chairman of ‘‘(6) The amounts expended for information Veterans Affairs. the House Budget Committee, provided that technology.’’. (4) The term ‘‘rural veteran’’ means a vet- such statement has been submitted prior to (2) CLERICAL AMENDMENTS.—The tables of eran who lives in a rural or highly rural area the vote on passage. chapters at the beginning of title 38, United (including such an area in a Tribal or insular States Code, and of part V of title 38, United SGT. KETCHUM RURAL VETERANS MENTAL area), as determined through the use of the HEALTH ACT OF 2021 States Code, are each amended by inserting Rural-Urban Commuting Areas coding sys- after the item relating to chapter 79 the fol- H.R. 2441 tem of the Department of Agriculture. lowing new item: Be it enacted by the Senate and House of Rep- ESTABLISHING VETERANS ECONOMIC resentatives of the United States of America in ‘‘80. Veterans Economic Opportunity OPPORTUNITY AND TRANSITION ADMINISTRATION .... . Congress assembled, and Transition Administration 8001’’ H.R. 2494 (b) EFFECTIVE DATE.—Chapter 80 of title 38, SECTION 1. SHORT TITLE. Be it enacted by the Senate and House of Rep- United States Code, as added by subsection This Act may be cited as the ‘‘Sgt. (a), shall take effect on October 1, 2022. Ketchum Rural Veterans Mental Health Act resentatives of the United States of America in Congress assembled, (c) AUTHORIZATION FOR APPROPRIATIONS of 2021’’. FOR VETERANS BENEFITS ADMINISTRATIONS.— SEC. 2. EXPANSION OF RURAL ACCESS NETWORK SECTION 1. ESTABLISHMENT OF VETERANS ECO- NOMIC OPPORTUNITY AND TRANSI- There is authorized to be appropriated for FOR GROWTH ENHANCEMENT PRO- fiscal year 2022 for the General Operating Ex- GRAM OF THE DEPARTMENT OF TION ADMINISTRATION. (a) VETERANS ECONOMIC OPPORTUNITY AND penses account of the Veterans Benefits Ad- VETERANS AFFAIRS. ministration $3,207,000,000. (a) EXPANSION.—The Secretary of Veterans TRANSITION ADMINISTRATION.— (d) LABOR RIGHTS.—Any labor rights, inclu- Affairs shall establish and maintain three (1) IN GENERAL.—Part V of title 38, United States Code, is amended by adding at the end sion in the bargaining unit, and collective new centers of the RANGE Program. bargaining agreement that affects an em- the following new chapter: (b) LOCATIONS.—The centers established ployee of the Department of Veterans Affairs under subsection (a) shall be located in areas ‘‘CHAPTER 80—VETERANS ECONOMIC OP- who is transferred to the Veterans Economic determined by the Secretary based on— PORTUNITY AND TRANSITION ADMINIS- Opportunity and Transition Administration, (1) the need for additional mental health TRATION as established under chapter 80 of title 38, care for rural veterans in such areas; and ‘‘Sec. United States Code, as added by subsection (2) interest expressed by personnel at fa- ‘‘8001. Organization of Administration. (a), shall apply in the same manner to such cilities of the Department in such areas. ‘‘8002. Functions of Administration. employee after such transfer. (c) TIMELINE.—The Secretary shall estab- ‘‘8003. Annual report to Congress. lish the centers under subsection (a) during SEC. 2. UNDER SECRETARY FOR VETERANS ECO- ‘‘§ 8001. Organization of Administration NOMIC OPPORTUNITY AND TRANSI- fiscal year 2022. TION. (d) FUNDING.—There is authorized to be ap- ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND (a) UNDER SECRETARY.— propriated $1,200,000 for each of fiscal years TRANSITION ADMINISTRATION.—There is in the (1) IN GENERAL.—Chapter 3 of title 38, 2022 through 2024 to carry out this section. Department of Veterans Affairs a Veterans Economic Opportunity and Transition Ad- United States Code, is amended by inserting SEC. 3. GAO STUDY OF MENTAL HEALTH CARE after section 306 the following new section: FURNISHED BY THE SECRETARY OF ministration. The primary function of the VETERANS AFFAIRS TO RURAL VET- Veterans Economic Opportunity and Transi- ‘‘§ 306A. Under Secretary for Veterans Eco- ERANS. tion Administration is the administration of nomic Opportunity and Transition (a) STUDY REQUIRED.—The Comptroller the programs of the Department that provide ‘‘(a) UNDER SECRETARY.—There is in the General of the United States shall conduct a assistance related to economic opportunity Department an Under Secretary for Veterans study to assess whether the Department of to veterans and their dependents and sur- Economic Opportunity and Transition, who Veterans Affairs has sufficient resources to vivors. is appointed by the President, by and with serve rural veterans who need covered men- ‘‘(b) UNDER SECRETARY FOR ECONOMIC OP- the advice and consent of the Senate. The tal health care. Such study shall include as- PORTUNITY AND TRANSITION.—The Veterans Under Secretary for Veterans Economic Op- sessments of— Economic Opportunity and Transition Ad- portunity and Transition shall be appointed

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.035 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2514 CONGRESSIONAL RECORD — HOUSE May 18, 2021 without regard to political affiliation or ac- lowing: ‘‘the Under Secretary for Veterans (2) the estimated date when the certifi- tivity and solely on the basis of dem- Economic Opportunity and Transition,’’; cation will be made. onstrated ability in— (4) in section 516(e)(2)(C), by striking NATIONAL ESTUARIES AND ACIDIFICATION ‘‘(1) information technology; and ‘‘Health and the Under Secretary for Bene- RESEARCH ACT OF 2021 ‘‘(2) the administration of programs within fits’’ and inserting ‘‘Health, the Under Sec- H.R. 2533 the Veterans Economic Opportunity and retary for Benefits, and the Under Secretary Be it enacted by the Senate and House of Rep- Transition Administration or programs of for Veterans Economic Opportunity and resentatives of the United States of America in similar content and scope. Transition’’; Congress assembled, ‘‘(b) RESPONSIBILITIES.—The Under Sec- (5) in section 541(a)(2)(B), by striking SECTION 1. SHORT TITLE. retary for Veterans Economic Opportunity ‘‘Health and the Under Secretary for Bene- This Act may be cited as the ‘‘National Es- and Transition is the head of, and is directly fits’’ and inserting ‘‘Health, the Under Sec- tuaries and Acidification Research Act of responsible to the Secretary for the oper- retary for Benefits, and the Under Secretary 2021’’ or the ‘‘NEAR Act of 2021’’. ations of, the Veterans Economic Oppor- for Veterans Economic Opportunity and SEC. 2. FINDINGS. tunity and Transition Administration. Transition’’; Congress finds the following: ‘‘(c) VACANCIES.—(1) Whenever a vacancy in (6) in section 542(a)(2)(B)(iii), by striking (1) Ocean acidification impacts human the position of Under Secretary for Veterans ‘‘Health and the Under Secretary for Bene- health, natural resources, and the environ- Economic Opportunity and Transition occurs fits’’ and inserting ‘‘Health, the Under Sec- mental, economic, and recreational uses of or is anticipated, the Secretary shall estab- retary for Benefits, and the Under Secretary the coastline. lish a commission to recommend individuals for Veterans Economic Opportunity and (2) The current understanding of ocean to the President for appointment to the posi- Transition’’; acidification impacts on estuarine eco- tion. (7) in section 544(a)(2)(B)(vi), by striking systems is inadequate to fully prepare and ‘‘(2) A commission established under this ‘‘Health and the Under Secretary for Bene- manage for changing environmental condi- subsection shall be composed of the fol- fits’’ and inserting ‘‘Health, the Under Sec- tions in nearshore locations. lowing members appointed by the Secretary: retary for Benefits, and the Under Secretary (3) While pH can be measured with high ‘‘(A) Three persons representing education for Veterans Economic Opportunity and precision and accuracy in open ocean envi- and training, vocational rehabilitation, em- Transition’’; ronments, more understanding of the car- ployment, real estate, mortgage finance and (8) in section 709(c)(2)(A), by inserting after bonate system in estuarine ecosystems is related industries, and survivor benefits ac- ‘‘Under Secretary for Benefits,’’ the fol- needed for precise and accurate measure- tivities affected by the Veterans Economic lowing: ‘‘the Under Secretary for Veterans ments and observations. Opportunity and Transition Administration. Economic Opportunity and Transition,’’; (4) The interaction of multiple stressors, ‘‘(B) Two persons representing veterans (9) in section 7701(a), by inserting after including salinity, pH, temperature, sea served by the Veterans Economic Oppor- ‘‘assistance’’ the following: ‘‘, other than as- level rise, and nutrient input, within estua- tunity and Transition Administration. sistance related to Economic Opportunity rine ecosystems is inadequately understood ‘‘(C) Two persons who have experience in and Transition,’’; and for managing the health, economic, rec- the management of private sector benefits (10) in section 7703, by striking paragraphs reational, and environmental impacts driven programs of similar content and scope to the (2) and (3) and redesignating paragraphs (4) by these interactions. economic opportunity and transition pro- and (5) as paragraphs (2) and (3), respec- (5) A better understanding is needed of how grams of the Department. tively. anthropogenic influences in coastal environ- ‘‘(D) The Deputy Secretary of Veterans Af- (c) EFFECTIVE DATE.—Section 306A of title ments affect estuarine ecosystems. fairs. 38, United States Code, as added by sub- (6) More integration and coordination is ‘‘(E) The chairman of the Veterans’ Advi- section (a), and the amendments made by needed among regional, national, and global sory Committee on Education formed under this section, shall take effect on October 1, environmental observations in estuarine en- section 3692 of this title. 2022. vironments, supporting prior investments in ‘‘(F) One person who has held the position SEC. 3. TRANSFER OF SERVICES. related topics such as nutrient loading, hy- of Under Secretary for Veterans Economic (a) REPORT TO CONGRESS.—Not later than poxia, ocean acidification, and harmful algae Opportunity and Transition, if the Secretary 180 days after the date of the enactment of bloom research and observational systems. determines that it is desirable for such per- this Act, the Secretary of Veterans Affairs SEC. 3. STUDY EXAMINING THE IMPACT OF son to be a member of the commission. shall submit to the Committees on Veterans’ OCEAN ACIDIFICATION AND OTHER ‘‘(3) A commission established under this Affairs of the Senate and House of Rep- ENVIRONMENTAL STRESSORS ON subsection shall recommend at least three resentatives a report on the progress toward ESTUARINE ENVIRONMENTS. individuals for appointment to the position establishing the Veterans Economic Oppor- (a) IN GENERAL.—Not later than 60 days of Under Secretary for Veterans Economic tunity and Transition Administration, as es- after the date of enactment of this Act, the Opportunity and Transition. The commission tablished under section 8001 of title 38, Secretary of Commerce shall make appro- shall submit all recommendations to the United States Code, as added by section 4, priate arrangements with the National Acad- emies of Sciences, Engineering, and Medicine Secretary. The Secretary shall forward the and the transition of the provision of serv- (referred to in this Act as the ‘‘National recommendations to the President and the ices to veterans by such Administration. Academies’’) under which the National Acad- Committees on Veterans’ Affairs of the Sen- (b) CERTIFICATION.—The Secretary of Vet- emies shall conduct a study that— ate and House of Representatives with any erans Affairs may not transfer the function (1) examines the existing science of ocean comments the Secretary considers appro- of providing any services to veterans to the acidification in estuarine environments; priate. Thereafter, the President may re- Veterans Economic Opportunity and Transi- tion Administration, as established under (2) examines the challenges to studying quest the commission to recommend addi- ocean acidification and ocean acidification’s tional individuals for appointment. section 8001 of title 38, United States Code, as added by section 4 until the Secretary interactions with other environment ‘‘(4) The Assistant Secretary or Deputy As- stressors in estuarine environments; sistant Secretary of Veterans Affairs who submits to the Committees on Veterans’ Af- fairs of the Senate and House of Representa- (3) provides recommendations for improv- performs personnel management and labor tives certification that— ing future research with respect to ocean relations functions shall serve as the execu- (1) the transition of the provision of serv- acidification in estuarine environments; and tive secretary of a commission established ices to such Administration will not nega- (4) identifies pathways for applying science under this subsection.’’. tively affect the provision of such services to in management and mitigation decisions re- (2) CLERICAL AMENDMENT.—The table of veterans; lating to ocean acidification in estuarine en- sections at the beginning of such chapter is (2) such services are ready to be trans- vironments. amended by inserting after the item relating ferred. (b) CONTENTS OF STUDY.—The study de- to section 306 the following new item: (c) DEADLINE FOR CERTIFICATION.—The Sec- scribed under subsection (a) shall include— ‘‘306A. Under Secretary for Veterans Eco- retary shall submit to the Committees on (1) the behavior of the carbonate system nomic Opportunity and Transi- Veterans’ Affairs of the Senate and House of within estuarine environments; tion.’’. Representatives the certification required by (2) the interactions of the carbonate sys- (b) CONFORMING AMENDMENTS.—Title 38, subsection (b)— tem with other biotic and abiotic character- United States Code, is further amended— (1) no earlier than April 1, 2022; and istics of estuarine ecosystems; (1) in section 306(c)(2), by striking subpara- (2) no later than September 1, 2022. (3) how environmental and anthropogenic graphs (A) and (E) and redesignating sub- (d) FAILURE TO CERTIFY.—If the Secretary changes or disturbances could affect abiotic paragraphs (B), (C), (D), and (F), as subpara- fails to submit the certification required by and biotic processes within estuaries; graphs (A) through (D), respectively; subsection (b) by the date specified in sub- (4) how estuarine biotic and abiotic proc- (2) in section 317(d)(2), by inserting after section (c)(2), the Secretary shall submit to esses will be affected under predicted envi- ‘‘Under Secretary for Benefits,’’ the fol- the Committees on Veterans’ Affairs of the ronmental changes; lowing: ‘‘the Under Secretary for Veterans Senate and House of Representatives a re- (5) the current state of data collection, in- Economic Opportunity and Transition,’’; port that includes— terpretation, storage, and retrieval and ob- (3) in section 318(d)(2), by inserting after (1) the reason why the certification was servational infrastructure of abiotic and bi- ‘‘Under Secretary for Benefits,’’ the fol- not made by such date; and otic parameters in estuarine ecosystems;

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.038 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2515 (6) the gaps that exist in understanding the the information has been obtained by, or its (3) in section 21C(f), by inserting ‘‘or sec- socio-economic and health impacts of ocean communication or use would constitute, dition 16A,’’ after ‘‘section 10(b)’’. acidification in estuaries; rectly or indirectly— SEC. 3. DETERMINATION OF BUDGETARY EF- (7) future directions for scientific research; ‘‘(A) theft, bribery, misrepresentation, or FECTS. and espionage (through electronic or other The budgetary effects of this Act, for the (8) pathways for applying science in man- means); purpose of complying with the Statutory agement and mitigation decisions. ‘‘(B) a violation of any Federal law pro- Pay-As-You-Go Act of 2010, shall be deter- (c) REPORT.—In entering into an arrange- tecting computer data or the intellectual mined by reference to the latest statement ment under subsection (a), the Secretary property or privacy of computer users; titled ‘‘Budgetary Effects of PAYGO Legisla- shall request that the National Academies ‘‘(C) conversion, misappropriation, or other tion’’ for this Act, submitted for printing in transmit to Congress a report on the results unauthorized and deceptive taking of such the Congressional Record by the Chairman of of the study not later than 24 months after information; or the House Budget Committee, provided that the date of enactment of this Act. ‘‘(D) a breach of any fiduciary duty, a such statement has been submitted prior to (d) AUTHORIZATION OF APPROPRIATIONS.— breach of a confidentiality agreement, a the vote on passage. There are authorized to be appropriated to breach of contract, a breach of any code of COMBATING SEXUAL HARASSMENT IN SCIENCE carry out this section $1,000,000. conduct or ethics policy, or a breach of any ACT other personal or other relationship of trust INSIDER TRADING PROHIBITION ACT H.R. 2695 H.R. 2655 and confidence for a direct or indirect personal benefit (including pecuniary gain, Be it enacted by the Senate and House of Rep- Be it enacted by the Senate and House of Rep- reputational benefit, or a gift of confidential resentatives of the United States of America in resentatives of the United States of America in information to a trading relative or friend). Congress assembled, Congress assembled, ‘‘(2) KNOWLEDGE REQUIREMENT.—It shall not SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SECTION 1. SHORT TITLE. be necessary that the person trading while (a) SHORT TITLE.—This Act may be cited as This Act may be cited as the ‘‘Insider aware of such information (as proscribed by the ‘‘Combating Sexual Harassment in Trading Prohibition Act’’. subsection (a)), or making the communica- Science Act’’. SEC. 2. PROHIBITION ON INSIDER TRADING. tion (as proscribed by subsection (b)), knows (b) TABLE OF CONTENTS.—The table of con- (a) IN GENERAL.—The Securities Exchange the specific means by which the information tents for this Act is as follows: Act of 1934 (15 U.S.C. 78a et seq.) is amended was obtained or communicated, or whether Sec. 1. Short title; table of contents. by inserting after section 16 the following any personal benefit was paid or promised by Sec. 2. Findings. new section: or to any person in the chain of communica- Sec. 3. Definitions. ‘‘SEC. 16A. PROHIBITION ON INSIDER TRADING. tion, so long as the person trading while Sec. 4. Research grants. ‘‘(a) PROHIBITION AGAINST TRADING SECURI- aware of such information or making the Sec. 5. Data collection. TIES WHILE AWARE OF MATERIAL, NONPUBLIC communication, as the case may be, was Sec. 6. Responsible conduct guide. INFORMATION.—It shall be unlawful for any aware, consciously avoided being aware, or Sec. 7. Interagency working group. person, directly or indirectly, to purchase, recklessly disregarded that such information Sec. 8. National academies assessment. sell, or enter into, or cause the purchase or was wrongfully obtained, improperly used, or Sec. 9. Authorization of appropriations. sale of or entry into, any security, security- wrongfully communicated. SEC. 2. FINDINGS. based swap, or security-based swap agree- ‘‘(d) DERIVATIVE LIABILITY.—Except as pro- Congress makes the following findings: ment, while aware of material, nonpublic in- vided in section 20(a), no person shall be lia- (1) According to the report issued by the formation relating to such security, secu- ble under this section solely by reason of the National Academies of Sciences, Engineer- rity-based swap, or security-based swap fact that such person controls or employs a ing, and Medicine in 2018 entitled ‘‘Sexual agreement, or any nonpublic information, person who has violated this section, if such Harassment of Women: Climate, Culture, and from whatever source, that has, or would controlling person or employer did not par- Consequences in Academic Sciences, Engi- reasonably be expected to have, a material ticipate in, or directly or indirectly induce neering, and Medicine’’— effect on the market price of any such secu- the acts constituting a violation of this sec- (A) sexual harassment is pervasive in insti- rity, security-based swap, or security-based tion. tutions of higher education; swap agreement, if such person knows, or ‘‘(e) AFFIRMATIVE DEFENSES.— (B) the most common type of sexual har- recklessly disregards, that such information ‘‘(1) IN GENERAL.—The Commission may, by assment is gender harassment, which in- has been obtained wrongfully, or that such rule or by order, exempt any person, secu- cludes verbal and nonverbal behaviors that purchase or sale would constitute a wrongful rity, or transaction, or any class of persons, convey insulting, hostile, and degrading atti- use of such information. securities, or transactions, from any or all of tudes about members of one gender; ‘‘(b) PROHIBITION AGAINST THE WRONGFUL the provisions of this section, upon such (C) 58 percent of individuals in the aca- COMMUNICATION OF CERTAIN MATERIAL, NON- terms and conditions as it considers nec- demic workplace experience sexual harass- PUBLIC INFORMATION.—It shall be unlawful essary or appropriate in furtherance of the ment, the second highest rate when com- for any person whose own purchase or sale of purposes of this title. pared to the military, the private sector, and a security, security-based swap, or entry ‘‘(2) DIRECTED TRADING.—The prohibitions Federal, State, and local government; into a security-based swap agreement would of this section shall not apply to any person (D) women who are members of racial or violate subsection (a), wrongfully to commu- who acts at the specific direction of, and ethnic minority groups are more likely to nicate material, nonpublic information re- solely for the account of another person experience sexual harassment and to feel un- lating to such security, security-based swap, whose own securities trading, or communica- safe at work than White women, White men, or security-based swap agreement, or any tions of material, nonpublic information, or men who are members of such groups; nonpublic information, from whatever would be lawful under this section. (E) the training for each individual who source, that has, or would reasonably be ex- ‘‘(3) RULE 10b–5–1 COMPLIANT TRANS- has a doctor of philosophy in the science, pected to have, a material effect on the mar- ACTIONS.—The prohibitions of this section technology, engineering, and mathematics ket price of any such security, security- shall not apply to any transaction that satis- fields is estimated to cost approximately based swap, or security-based swap agree- fies the requirements of Rule 10b–5–1 (17 CFR $500,000; and ment, to any other person if— 240.10b5–1), or any successor regulation.’’. (F) attrition of an individual so trained re- ‘‘(1) the other person— (b) COMMISSION REVIEW OF RULE 10b–5–1.— sults in a loss of talent and money. ‘‘(A) purchases, sells, or causes the pur- Not later than 180 days after the date of the (2) Sexual harassment undermines career chase or sale of, any security or security- enactment of this Act, the Securities and advancement for women. based swap or enters into or causes the entry Exchange Commission shall review Rule 10b– (3) According to a 2017 University of Illi- into any security-based swap agreement, to 5–1 (17 CFR 240.10b5–1) and make any modi- nois study, among astronomers and plan- which such communication relates; or fications the Securities and Exchange Com- etary scientists, 18 percent of women who ‘‘(B) communicates the information to an- mission determines necessary or appropriate are members of racial or ethnic minority other person who makes or causes such a because of the amendment to the Securities groups and 12 percent of White women purchase, sale, or entry while aware of such Exchange Act of 1934 made by this Act. skipped professional events because they did information; and (c) CONFORMING AMENDMENTS.—The Securi- not feel safe attending. ‘‘(2) such a purchase, sale, or entry while ties Exchange Act of 1934 (15 U.S.C. 78a et (4) Many women report leaving employ- aware of such information is reasonably fore- seq.) is further amended— ment at institutions of higher education due seeable. (1) in section 21(d)(2), by inserting ‘‘, sec- to sexual harassment. ‘‘(c) STANDARD AND KNOWLEDGE REQUIRE- tion 16A of this title’’ after ‘‘section 10(b) of (5) Research shows the majority of individ- MENT.— this title,’’; uals do not formally report experiences of ‘‘(1) STANDARD.—For purposes of this sec- (2) in section 21A— sexual harassment due to a justified fear of tion, trading while aware of material, non- (A) in subsection (g)(1), by inserting ‘‘and retaliation or other negative professional or public information under subsection (a) or section 16A,’’ after ‘‘thereunder,’’; and personal consequences. communicating material nonpublic informa- (B) in subsection (h)(1), by inserting ‘‘and (6) Reporting procedures with respect to tion under subsection (b) is wrongful only if section 16A,’’ after ‘‘thereunder,’’; and such harassment are inconsistent among

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.040 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2516 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Federal science agencies and have varying disabled individuals, foreign nationals, SEC. 7. INTERAGENCY WORKING GROUP. degrees of accessibility. sexual- and gender-minority individuals, and (a) IN GENERAL.—The Director of the Office (7) There is not adequate communication others; of Science and Technology Policy, acting among Federal science agencies and between (2) development and assessment of policies, through the National Science and Tech- such agencies and grantees regarding reports procedures, trainings, and interventions, nology Council, shall establish an inter- of sexual harassment, which has resulted in with respect to sexual harassment and gen- agency working group for the purpose of co- harassers receiving Federal funding after der harassment, conflict management, and ordinating Federal science agency efforts to moving to a different institution. ways to foster respectful and inclusive cli- reduce the prevalence of sexual harassment SEC. 3. DEFINITIONS. mates; and gender harassment involving grant per- In this Act: (3) research on approaches for remediating sonnel. The working group shall be chaired (1) ACADEMIES.—The term ‘‘Academies’’ the negative impacts and outcomes of such by the Director of the Office of Science and means the National Academies of Sciences, harassment on individuals experiencing such Technology Policy (or the Director’s des- Engineering, and Medicine. harassment; ignee) and shall include a representative (2) DIRECTOR.—The term ‘‘Director’’ means (4) support for institutions of higher edu- from each Federal science agency with an- the Director of the National Science Founda- cation to develop, adapt, and assess the im- nual extramural research expenditures total- tion. pact of innovative, evidence-based strate- ing over $1,000,000,000, a representative from (3) FEDERAL SCIENCE AGENCY.—The term gies, policies, and approaches to policy im- the Department of Education, and a rep- ‘‘Federal science agency’’ means any Federal plementation to prevent and address sexual resentative from the U.S. Equal Employment agency with an annual extramural research harassment and gender harassment; Opportunity Commission. expenditure of over $100,000,000. (5) research on alternatives to the hier- (b) RESPONSIBILITIES OF WORKING GROUP.— (4) FINDING OR DETERMINATION.—The term archical and dependent relationships, includ- The interagency working group established ‘‘finding or determination’’ means the final ing but not limited to the mentor-mentee re- under subsection (a) shall coordinate Federal disposition of a matter involving a violation lationship, in academia that have been science agency efforts to implement the pol- of organizational policies and processes, to shown to create higher levels of risk for sex- icy guidelines developed under subsection include the exhaustion of permissible ap- ual harassment and gender harassment; and (c)(2). peals, or a conviction of a sexual offense in (6) establishing a center for the ongoing (c) RESPONSIBILITIES OF OSTP.—The Direc- a criminal court of law. compilation, management, and analysis of tor of the Office of Science and Technology (5) GENDER HARASSMENT.—The term ‘‘gen- campus climate survey data. Policy shall— der harassment’’ means verbal and nonverbal SEC. 5. DATA COLLECTION. (1) not later than 90 days after the date of behaviors that convey hostility, Not later than 180 days after the date of the enactment of this Act, submit to the objectification, exclusion, or second-class enactment of this Act, the Director shall Committee on Science, Space, and Tech- status about one’s gender, gender identity, convene a working group composed of rep- nology of the House of Representatives and gender presentation, sexual orientation, or resentatives of Federal statistical agencies— the Committee on Commerce, Science, and pregnancy status. (1) to develop questions on sexual harass- Transportation of the Senate an inventory of (6) GRANTEE.—The term ‘‘grantee’’ means ment and gender harassment in STEM de- policies, procedures, and resources dedicated the legal entity to which a grant is awarded partments to gather national data on the to preventing and responding to reports of and that is accountable to the Federal Gov- prevalence, nature, and implications of sex- sexual harassment and gender harassment at ernment for the use of the funds provided. ual harassment and gender harassment in in- Federal agencies that provide legal defini- (7) GRANT PERSONNEL.—The term ‘‘grant stitutions of higher education; and tions to which institutions of higher edu- personnel’’ means principal investigators, (2) to include such questions as appro- cation must comply; and co-principal investigators, postdoctoral re- priate, with sufficient protections of the pri- (2) not later than 6 months after the date searchers and other employees supported by vacy of respondents, in relevant surveys con- on which the inventory is submitted under a grant award, cooperative agreement, or ducted by the National Center for Science paragraph (1)— contract under Federal law. and Engineering Statistics and other rel- (A) in consultation with outside stake- (8) INSTITUTION OF HIGHER EDUCATION.—The evant entities. holders and Federal science agencies, de- term ‘‘institution of higher education’’ has SEC. 6. RESPONSIBLE CONDUCT GUIDE. velop a uniform set of policy guidelines for the meaning given such term in section 101 (a) IN GENERAL.—Not later than 180 days Federal science agencies; and of the Higher Education Act of 1965 (20 U.S.C. after the date of enactment of this Act, the (B) submit a report to the committees re- 1001). Director shall enter into an agreement with ferred to in paragraph (1) containing such (9) SEXUAL HARASSMENT.—The term ‘‘sex- the Academies to update the report entitled guidelines; ual harassment’’ means conduct that encom- ‘‘On Being a Scientist: A Guide to Respon- (3) encourage and monitor efforts of Fed- passes— sible Conduct in Research’’ issued by the eral science agencies to develop or maintain (A) unwelcome sexual advances; Academies. The report, as so updated, shall and implement policies based on the guide- (B) unwanted physical contact that is sex- include— lines developed under paragraph (2), includ- ual in nature, including assault; (1) updated professional standards of con- ing the extent to which Federal science (C) unwanted sexual attention, including duct in research; agency policies depart from the uniform pol- sexual comments and propositions for sexual (2) standards of treatment individuals can icy guidelines; activity; expect to receive under such updated stand- (4) not later than 1 year after the date on (D) conditioning professional or edu- ards of conduct; which the inventory under paragraph (1) is cational benefits on sexual activity; and (3) evidence-based practices for fostering a submitted, and every 5 years thereafter, the (E) retaliation for rejecting unwanted sex- climate intolerant of sexual harassment and Director of the Office of Science and Tech- ual attention. gender harassment; nology Policy shall report to Congress on the (10) STEM.—The term ‘‘STEM’’ means (4) methods, including bystander interven- implementation by Federal science agencies science, technology, engineering, and mathe- tion, for identifying and addressing incidents of the policy guidelines developed under matics, including computer science. of sexual harassment and gender harass- paragraph (2); and ment; and SEC. 4. RESEARCH GRANTS. (5) update such policy guidelines as needed. (5) professional standards for mentorship (a) IN GENERAL.—The Director shall estab- (d) REQUIREMENTS.—In developing policy and teaching with an emphasis on preventing lish a program to award grants, on a com- guidelines under subsection (c)(2), the Direc- sexual harassment and gender harassment. petitive basis, to institutions of higher edu- tor of the Office of Science and Technology (b) RECOMMENDATIONS.—In updating the re- Policy shall include guidelines that require— cation or nonprofit organizations (or con- port under subsection (a), the Academies (1) grantees to submit to the Federal sortia of such institutions or organiza- shall take into account recommendations tions)— made in the report issued by the Academies science agency or agencies from which the (1) to expand research efforts to better un- in 2018 entitled ‘‘Sexual Harassment of grantees receive funding reports relating derstand the factors contributing to, and Women: Climate, Culture, and Consequences to— consequences of, sexual harassment and gen- in Academic Sciences, Engineering, and Med- (A) administrative action, related to an al- der harassment affecting individuals in the icine’’ and other relevant studies and evi- legation against grant personnel of any sex- STEM workforce, including students and dence. ual harassment or gender harassment, as set trainees; and (c) REPORT.—Not later than 18 months forth in organizational policies or codes of (2) to examine interventions to reduce the after the effective date of the contract under conduct, statutes, regulations, or executive incidence and negative consequences of such subsection (a), the Academies, as part of orders, that affects the ability of grant per- harassment. such agreement, shall submit to the Director sonnel or their trainees to carry out the ac- (b) USE OF FUNDS.—Activities funded by a and the Committee on Science, Space, and tivities of the grant; and grant under this section may include— Technology of the House of Representatives (B) findings or determinations against (1) research on the sexual harassment and and the Committee on Commerce, Science, grant personnel of sexual harassment or gen- gender harassment experiences of individuals and Transportation of the Senate the report der harassment, as set forth in organiza- in underrepresented or vulnerable groups, in- referred to in such subsection, as updated tional policies or codes of conduct, statutes, cluding racial and ethnic minority groups, pursuant to such subsection. regulations, or executive orders, including

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any findings or determinations related to re- influence of sexual harassment and gender (c) REPORTING HARASSMENT AND EMPLOY- ports submitted under subparagraph (A) and harassment in institutions of higher edu- MENT DISCRIMINATION COMPLAINTS.—Sub- any disciplinary action that was taken; cation on the career advancement of individ- section (a) of such section 516 is amended— (2) the sharing, updating, and archiving of uals in the STEM workforce. The study shall (1) by striking ‘‘The Secretary’’ and insert- reports of sexual harassment and gender har- assess— ing ‘‘(1) The Secretary’’; and assment from grantees submitted under (1) the state of research on sexual harass- (2) by adding at the end the following new paragraph (1)(B) with relevant Federal ment and gender harassment in such work- paragraph: science agencies on a quarterly basis; and force; ‘‘(2) The Secretary shall ensure that the (3) to the extent practicable, ensure con- (2) whether research demonstrates a employment discrimination complaint reso- sistency among Federal agencies with re- change in the prevalence of sexual harass- lution system established under paragraph gards to the policies and procedures for re- ment and gender harassment in such work- (1) requires that any manager of the Depart- ceiving reports submitted pursuant to para- force; ment who receives a sexual or other harass- graph (1), which may include the designation (3) the progress made with respect to im- ment or employment discrimination com- of a single agency to field reports so sub- plementing recommendations promulgated plaint reports such complaint to the Office of mitted. in the Academies consensus study report en- Resolution Management, or such successor (e) CONSIDERATIONS.—In developing policy titled ‘‘Sexual Harassment of Women: Cli- office, immediately, or if such immediate re- guidelines under subsection (c)(2), the Direc- mate, Culture, and Consequences in Aca- porting is impracticable, not later than two tor of the Office of Science and Technology demic Sciences, Engineering, and Medicine’’; business days after the date on which the Policy shall consider guidelines that require and manager receives the complaint.’’. or incentivize— (4) where to focus future efforts with re- (d) TRAINING.—Subsection (c) of such sec- (1) grantees to periodically assess their or- spect to decreasing sexual harassment and tion 516 is amended by adding at the end the ganizational climate, which may include the gender harassment in such institutions. following new sentence: ‘‘Beginning not later use of climate surveys, focus groups, or exit than September 30, 2021, the Secretary shall SEC. 9. AUTHORIZATION OF APPROPRIATIONS. provide to each employee of the Department interviews; There is authorized to be appropriated to (2) grantees to publish on a publicly avail- mandatory annual training on identifying the Director to carry out this Act, and addressing sexual and other harassment able internet website the results of assess- $17,500,000. and employment discrimination, including ments conducted pursuant to paragraph (1), IMPROVING VA ACCOUNTABILITY TO PREVENT with respect to processes under the Harass- disaggregated by gender and, if possible, SEXUAL HARASSMENT AND DISCRIMINATION ment Prevention Program of the Depart- race, ethnicity, disability status, and sexual ACT OF 2021 ment, or such successor program. An em- orientation; ployee of the Department who is hired on or (3) grantees to make public on an annual H.R. 2704 after such date shall receive the first such basis the number of reports of sexual harass- Be it enacted by the Senate and House of Rep- mandatory annual training not later than 60 ment and gender harassment at each such in- resentatives of the United States of America in days after being hired.’’. stitution; Congress assembled, (e) HARASSMENT AND EMPLOYMENT DIS- (4) grantees to regularly assess and im- SECTION 1. SHORT TITLE. CRIMINATION POLICIES AND DIRECTIVES.—The prove policies, procedures, and interventions This Act may be cited as the ‘‘Improving Secretary of Veterans Affairs shall— to reduce the prevalence of sexual harass- VA Accountability To Prevent Sexual Har- (1) by not later than September 30, 2021, ment and gender harassment; assment and Discrimination Act of 2021’’. and on a regular basis thereafter, review the (5) each grantee to demonstrate in its pro- SEC. 2. IMPROVEMENTS TO EQUAL EMPLOYMENT policies relating to sexual and other harass- posal for a grant award, cooperative agree- OPPORTUNITY FUNCTIONS OF DE- ment and employment discrimination of the ment, or contract that a code of conduct is PARTMENT OF VETERANS AFFAIRS. Department of Veterans Affairs to ensure in place for maintaining a healthy and wel- (a) ALIGNMENT OF EEO DIRECTOR.— that such policies are complete and in ac- coming workplace for grant personnel and (1) REPORTING AND DUTIES.—Subsection (h) cordance with the sexual and other harass- their trainees; of section 516 of title 38, United States Code, ment and employment discrimination poli- (6) the diffusion of the hierarchical and de- is amended— cies established by the Office of Resolution pendent relationships between grant per- (A) by striking ‘‘The provisions’’ and in- Management of the Department, or such suc- sonnel and their trainees; serting ‘‘(1) The provisions’’; and cessor office; and (7) each grantee and Federal science agen- (B) by adding at the end the following new (2) by not later than 180 days after the date cy to have in place mechanisms for the re-in- paragraph: of the enactment of this Act, issue a final di- tegration of individuals who have experi- ‘‘(2) Beginning not later than 90 days after rective and a handbook for the Harassment enced sexual harassment and gender harass- the date of the enactment of this paragraph, Prevention Program of the Department. ment; and in carrying out paragraph (1), the Secretary (f) REPORTS.—Not later than 180 days after (8) grantees to work to create a climate in- shall ensure that the official of the Depart- the date of the enactment of this Act, and tolerant of sexual harassment and gender ment who serves as the Equal Employment semiannually thereafter for one year, the harassment. Opportunity Director of the Department— Secretary of Veterans Affairs shall submit to (f) FEDERAL SCIENCE AGENCY IMPLEMENTA- ‘‘(A) reports directly to the Deputy Sec- the Committees on Veterans’ Affairs of the TION.—Each Federal science agency shall— retary with respect to the functions under House of Representatives and the Senate a (1) develop or maintain and implement this section; and report on the progress the Secretary has policies with respect to sexual harassment ‘‘(B) does not also serve in a position that made in carrying out this section and sec- and gender harassment that are consistent has responsibility over personnel functions tion 516 of title 38, United States Code, as with policy guidelines under subsection (c)(2) of the Department or other functions that amended by this section, including with re- and that protect the privacy of all parties in- conflict with the functions under this sec- spect to reporting sexual and other harass- volved in any report and investigation of tion.’’. ment and employment discrimination com- sexual harassment and gender harassment, (2) CONFORMING AMENDMENTS.—Such sec- plaints pursuant to subsection (a)(2) of such except to the extent necessary to carry out tion is further amended— section 516. an investigation; and (A) in subsection (b)(1), by inserting ‘‘, in VA EQUAL EMPLOYMENT OPPORTUNITY (2) broadly disseminate such policies to accordance with subsection (h)(2),’’ after ‘‘an COUNSELOR MODERNIZATION ACT current and potential recipients of research Assistant Secretary or a Deputy Assistant H.R. 2788 grants, cooperative agreements, or contracts Secretary’’; and Be it enacted by the Senate and House of Rep- awarded by such agency. (B) in subsection (e)(1)(A), by striking ‘‘the resentatives of the United States of America in (g) FERPA.—The Director of the Office of Assistant Secretary for Human Resources Congress assembled, Science and Technology Policy shall ensure and Administration’’ and inserting ‘‘the Sec- that such guidelines and requirements are retary’’. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘VA Equal consistent with the requirements of section (b) ALIGNMENT OF EEO PROGRAM MAN- Employment Opportunity Counselor Mod- 444 of the General Education Provisions Act AGERS.—Such section is further amended by ernization Act’’. (20 U.S.C. 1232g) (commonly referred to as adding at the end the following new sub- the ‘‘Family Educational Rights and Privacy section: SEC. 2. ELIMINATION OF CAP ON FULL-TIME EM- Act of 1974’’). PLOYEES OF THE DEPARTMENT OF ‘‘(i) In accordance with subsection (b), not VETERANS AFFAIRS WHO PROVIDE (h) SUNSET.—The interagency working later than December 31, 2021, the Secretary EQUAL EMPLOYMENT OPPORTUNITY group established under subsection (a) shall of Veterans Affairs shall ensure that each COUNSELING. terminate on the date that is 7 years after Equal Employment Opportunity program (a) IN GENERAL.—Section 516 of title 38, the date of the enactment of this Act. manager of the Department at the facility United States Code, is amended— SEC. 8. NATIONAL ACADEMIES ASSESSMENT. level reports to the head of the Office of Res- (1) by striking subsection (g); and (a) IN GENERAL.—Not later than 3 years olution Management, or such successor of- (2) by redesignating subsection (h) as sub- after the date of enactment of this Act, the fice established pursuant to subsection (a), section (g). Director shall enter into an agreement with with respect to the equal employment func- (b) REPORT.—Not later than 60 days after the Academies to undertake a study of the tions of the program manager.’’. the date of the enactment of this Act, the

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.041 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2518 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Secretary of Veterans Affairs shall submit to of the pilot program to all Tribal colleges ‘‘(3) For fiscal year 2021, $90,000,000. the Committees on Veterans’ Affairs of the and universities and encourage all Tribal ‘‘(4) For fiscal year 2022, $90,000,000. Senate and House of Representatives a re- colleges and universities to coordinate with ‘‘(5) For fiscal year 2023, $60,000,000. port regarding the effect of the amendment each other to create regional service areas to ‘‘(6) For fiscal year 2024, $0.’’. under subsection (a). participate in the pilot program. SEC. 4. PROVISION OF EDUCATIONAL ASSIST- (e) BRIEFINGS AND REPORTS.— NATIVE VETSUCCESS AT TRIBAL COLLEGES AND ANCE TO STUDENTS WHO ARE UNIVERSITIES PILOT PROGRAM ACT (1) IMPLEMENTATION BRIEFING.—Not later ‘‘ROUNDING OUT’’ UNDER EDU- H.R. 2878 than one year after the date of the enact- CATIONAL ASSISTANCE PROGRAMS ment of this Act, the Secretary shall provide Be it enacted by the Senate and House of Rep- OF DEPARTMENT OF VETERANS AF- for the Committee on Veterans’ Affairs and FAIRS. resentatives of the United States of America in the Committee on Natural Resources of the Congress assembled, (a) IN GENERAL.—Section 3680(a) of title 38, House of Representatives and the Committee United States Code, is amended— SECTION 1. SHORT TITLE. on Veterans’ Affairs and the Committee on This Act may be cited as the ‘‘Native (1) in paragraph (1), by striking ‘‘paragraph Indian Affairs of the Senate a briefing on— VetSuccess at Tribal Colleges and Univer- (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; (A) the design, structure, and objectives of sities Pilot Program Act’’. and the pilot program; and (2) by adding at the end the following new SEC. 2. NATIVE VETSUCCESS AT TRIBAL COL- (B) the three regional Native Vet Success LEGES AND UNIVERSITIES PILOT paragraph: PROGRAM. service areas and the Tribal colleges and uni- ‘‘(3) Notwithstanding paragraph (1), in the (a) IN GENERAL.—Not later than 18 months versities selected for participation in the case of an eligible veteran or eligible person after the date of the enactment of this Act, pilot program and the reason for the selec- who is pursuing a program of education on the Secretary of Veterans Affairs shall carry tion of such service areas and such colleges less than a half-time basis during a period out a five-year pilot program, to be known as and universities. that is the last semester, term, or academic the ‘‘Native VetSuccess at Tribal Colleges (2) REPORT.—Not later than four years period the veteran or person will be enrolled and Universities Pilot Program’’. Under such after the date on which the Secretary estab- in the program of education because the vet- pilot program the Secretary shall— lishes the pilot program, the Secretary shall eran or person will complete the program of (1) identify three regional Native submit to such Committees a report on the education at the end of that semester, term VetSuccess service areas consisting of at pilot program. Such report shall include or academic period, the Secretary may, pur- least two participating Tribal colleges or each of the following: suant to such regulations as the Secretary universities; (A) The number of eligible students pro- shall prescribe, provide to the veteran or per- (2) assign to each regional Native vided services through the pilot program. son educational assistance under chapter 30, VetSuccess service area a VetSuccess on (B) The types of services that eligible stu- 32, 33, 34, or 35 of this title or under chapter Campus counselor and a full-time Vet Center dents received through the pilot program. 1606 of title 10, including a monthly housing outreach coordinator, both of whom shall be (C) The graduation rate of eligible students stipend described in section 3313(c) of this based on one or more of the participating who received services through the pilot pro- title, on the basis of the total number of Tribal colleges or universities in the service gram. credits or courses in which the veteran or area; and (D) The rate of employment within one person is enrolled, if— (3) provide for eligible students at such year of graduation for eligible students who ‘‘(A) the number of credits the veteran or participating colleges and universities with received services through the pilot program. person needs to complete the program of all services for which such students would be (E) Feedback from each Tribal college or education is less than the number of credits eligible under the VetSuccess on Campus university that participated in the pilot pro- that would constitute enrollment on a more program of the Department of Veterans Af- gram, including on the regional nature of the than half-time basis for that last semester, fairs. program. term, or academic period; and (b) ELIGIBLE STUDENTS.—For purposes of (F) Analysis of the feasibility of expanding ‘‘(B) the veteran or person— the pilot program, an eligible student is a a regionally based Native VetSuccess at ‘‘(i) is enrolled in, or has completed, every student who is a veteran, member of the Tribal Colleges and Universities Program, course offered by the program of education Armed Forces, or dependent of a veteran or including an explanation of the challenges of during the last semester, term, or academic member of the Armed Forces who is eligible such a model due to issues with distance, period in which the veteran or person is en- for any service or benefit under the communication, and coordination, and to the rolled in the program of education; and VetSuccess on Campus program of the De- level of unmet services. partment. ‘‘(ii) enrolls in an additional course that is (G) A detailed legislative proposal regard- not required for the completion of such pro- (c) CONSULTATION REQUIREMENT.—In devel- ing a long-term extension of the pilot pro- oping the pilot program under this section, gram of education and the enrollment in the gram, including a budget, if the Secretary non-required course in addition to the re- the Secretary, acting through the Veteran determines that such an extension is appro- Readiness and Employment Program of the quired course or courses in which the vet- priate. eran or person is enrolled constitutes enroll- Department of Veterans Affairs and in co- (f) DEFINITIONS.—In this section: ment on more than a half-time basis.’’. ordination with the Office of Tribal Govern- (1) The term ‘‘Tribal college or university’’ ment Relations of the Department, shall has the meaning given such term under sec- (b) EFFECTIVE DATE.—The amendments consult with Indian tribes, Tribal organization 316 of the Higher Education Act of 1965 made by subsection (a) shall take effect on tions, and veterans service organizations re- (20 U.S.C. 1059c). August 1, 2021, and apply with respect to any garding each of the following: (2) The term ‘‘tribal organization’’ has the semester, term, or academic period that be- (1) The design of the pilot program. meaning given that term in section 4 of the gins on or after that date. (2) The selection of the three regional Na- Indian Self-Determination and Education SEC. 5. EXTENSION OF CERTAIN HOUSING LOAN tive VetSuccess service areas and partici- Assistance Act (25 U.S.C. 450b). FEES. pating Tribal colleges and universities, tak- (3) The term ‘‘culturally competent’’ Section 3729(b)(2) of title 38, United States ing into consideration— means considerate of the unique values, cus- (A) the number of eligible students en- Code, is amended by striking ‘‘October 1, toms, traditions, cultures, and languages of 2030’’ each place it appears and inserting rolled in the college or university and in the Native American veterans. regional service area; ‘‘December 9, 2030’’. SEC. 3. AUTHORIZATION OF APPROPRIATIONS (B) the capacity of the colleges and univer- FOR HIGH TECHNOLOGY PILOT PRO- SEC. 6. EXPANSION AND EXTENSION OF DEPART- sities in the regional service area to accom- GRAM. MENT OF VETERANS AFFAIRS AS- modate a full-time VetSuccess on Campus Subsection (g) of section 116 of the Harry SISTANCE FOR HOMELESS VET- ERANS. counselor and a full-time Vet Center out- W. Colmery Veterans Educational Assistance reach coordinator; Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 (a) EXPANSION.—Subsection (a) of section (C) the lack of information available at the note), as amended by section 4302 of the 2041 of title 38, United States Code, is amend- colleges and universities in the regional Johnny Isakson and David P. Roe, M.D. Vet- ed— service area about and lack of access to ben- erans Health Care and Benefits Improvement (1) in paragraph (1)— efits and services under the laws adminis- Act of 2020 (Public Law 116–315), is amended (A) in the matter preceding subparagraph tered by the Secretary; and to read as follows: (A), by inserting ‘‘or permanent housing’’ (D) any other factor that the Secretary or ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— after ‘‘shelter’’; the Indian tribes, Tribal organizations, and Funds shall be made available for carrying (B) in subparagraph (A), by striking veterans service organizations identify as out the pilot program under this section ‘‘named in, or approved by the Secretary relevant. from funds appropriated to, or otherwise under, section 5902 of this title’’ and insert- (3) The most effective way to provide cul- made available to, the Department for the ing ‘‘that is the recipient of a grant under turally competent outreach and services to payment of readjustment benefits, in the fol- section 2011, 2013, 2044, or 2061 of this title’’; eligible students at Tribal colleges and uni- lowing amounts for a fiscal year in which the and versities. Secretary carries out the pilot program: (C) in subparagraph (B), by inserting ‘‘, (d) OUTREACH TO COLLEGES AND UNIVER- ‘‘(1) For fiscal year 2019, $62,000,000. tribal entity,’’ after ‘‘State’’; and SITIES.—The Secretary shall provide notice ‘‘(2) For fiscal year 2020, $63,000,000. (2) in paragraph (3)(B)—

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.045 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2519 (A) in clause (i), by inserting ‘‘or to sell or (2) clearly set forth all of the specific re- Hartzler Matsui Schneider rent the property directly to homeless vet- quirements under section 202(g)(5) of the Na- Hayes McBath Schrader erans or veterans at-risk of homelessness’’ tional Housing Act (as amended by sub- Herrera Beutler McCarthy Schrier Higgins (NY) McCaul after ‘‘families’’; and section (a) of this section) for approval to Schweikert Hill McClain Scott (VA) (B) in each of clauses (i), (ii), and (iii), by conduct appraisals under title II of such Act Himes McCollum Scott, Austin striking the comma and inserting a semi- for mortgages for single-family housing, Hinson McEachin Scott, David colon. which shall include— Hollingsworth McGovern Sewell (b) EXTENSION.—Subsection (c) of such sec- (A) providing that the completion, prior to Horsford McHenry Sherman tion is amended by striking ‘‘September 30, the effective date of such mortgagee letter Houlahan McKinley Sherrill 2017’’ and inserting ‘‘September 30, 2025’’. or guidance, of training meeting the require- Hoyer McNerney Simpson Hudson Meeks SEC. 7. DETERMINATION OF BUDGETARY EF- Sires ments under subparagraph (B) of such sec- Huffman Meijer FECTS. Slotkin tion 202(g)(5) (as amended by subsection (a) Issa Meng The budgetary effects of this Act, for the of this section) shall be considered to fulfill Smith (MO) Jackson Lee Meuser Smith (NE) purpose of complying with the Statutory Jacobs (CA) Mfume the requirement under such subparagraph; Smith (NJ) Pay-As-You-Go Act of 2010, shall be deter- Jacobs (NY) Miller (WV) and Smith (WA) Jayapal Miller-Meeks mined by reference to the latest statement (B) providing a method for appraisers to Smucker Jeffries Moolenaar titled ‘‘Budgetary Effects of PAYGO Legisla- demonstrate such prior completion; and Soto Johnson (GA) Mooney tion’’ for this Act, submitted for printing in Spanberger (3) take effect not later than the expiration Johnson (OH) Moore (AL) the Congressional Record by the Chairman of of the 180-day period beginning upon Johnson (SD) Moore (UT) Spartz the House Budget Committee, provided that issuance of such mortgagee letter or guid- Johnson (TX) Moore (WI) Speier such statement has been submitted prior to ance. Jones Morelle Stanton the vote on passage. Joyce (OH) Moulton Stauber The SPEAKER pro tempore. Pursu- Steel HOMEBUYER ASSISTANCE ACT OF 2021 Joyce (PA) Mrvan ant to House Resolution 403, the order- Kahele Mullin Stefanik H.R. 3008 ing of the yeas and nays on postponed Kaptur Murphy (FL) Steil Be it enacted by the Senate and House of Rep- motions to suspend the rules with re- Katko Murphy (NC) Stevens Stewart resentatives of the United States of America in spect to such measures is vacated to Keating Nadler Congress assembled, Keller Napolitano Strickland the end that all such motions are con- Kelly (IL) Neal Suozzi SECTION 1. SHORT TITLE. sidered as withdrawn. Kelly (PA) Neguse Swalwell This Act may be cited as the ‘‘Homebuyer The question is on the motion offered Khanna Nehls Takano Assistance Act of 2021’’. Kildee Newhouse Tenney SEC. 2. APPRAISAL STANDARDS FOR SINGLE- by the gentleman from Maryland (Mr. Kilmer Newman Thompson (CA) FAMILY HOUSING MORTGAGES. HOYER) that the House suspend the Kim (CA) Norcross Thompson (MS) (a) CERTIFICATION OR LICENSING.—Para- rules and pass the bills. Kim (NJ) Nunes Thompson (PA) Kind O’Halleran graph (5) of section 202(g) of the National The question was taken. Timmons Housing Act (12 U.S.C. 1708(g)) is amended— Kinzinger Obernolte Titus Kirkpatrick Ocasio-Cortez (1) by striking subparagraph (A) and in- The SPEAKER pro tempore. In the Tlaib opinion of the Chair, two-thirds being Krishnamoorthi Omar Tonko serting the following new subparagraph: Kuster Owens in the affirmative, the ayes have it. Torres (CA) ‘‘(A)(i) in the case of an appraiser for a Kustoff Pallone Torres (NY) mortgage for single-family housing, be cer- Mr. HARRIS. Mr. Speaker, on that I LaHood Panetta Trahan tified or licensed by the State in which the demand the yeas and nays. Lamb Pappas Trone Lamborn Pascrell property to be appraised is located; and The SPEAKER pro tempore. Pursu- Turner ‘‘(ii) in the case of an appraiser for a mort- Langevin Payne Underwood ant to section 3(s) of House Resolution Larsen (WA) Perlmutter Upton gage for multifamily housing, be certified by Larson (CT) Peters the State in which the property to be ap- 8, the yeas and nays are ordered. Valadao Latta Phillips Van Drew praised is located; and’’; and The vote was taken by electronic de- LaTurner Pingree Vargas vice, and there were—yeas 350, nays 75, Lawrence Pocan (2) in subparagraph (B), by inserting before Veasey Lawson (FL) Porter the period at the end the following: ‘‘, which, not voting 4, as follows: Vela Lee (CA) Posey in the case of appraisers for any mortgage Vela´ zquez [Roll No. 148] Lee (NV) Pressley for single-family housing, shall include com- Wagner YEAS—350 Leger Fernandez Price (NC) pletion of a course or seminar that consists Letlow Quigley Walberg of not less than 7 hours of training regarding Adams Carter (TX) Dingell Levin (CA) Raskin Walorski such appraisal requirements that is approved Aderholt Cartwright Doggett Levin (MI) Reschenthaler Waltz by the Course Approval Program of the Ap- Aguilar Case Doyle, Michael Lieu Rice (NY) Wasserman praiser Qualifications Board of the Appraisal Allred Casten F. Lofgren Rodgers (WA) Schultz Amodei Castor (FL) Dunn Long Rogers (AL) Waters Foundation or a State appraiser certifying Auchincloss Castro (TX) Emmer Watson Coleman and licensing agency’’. Lowenthal Rogers (KY) Axne Cawthorn Escobar Lucas Ross Welch (b) COMPLIANCE WITH VERIFIABLE EDU- Bacon Chabot Eshoo Luetkemeyer Roybal-Allard Wenstrup CATION REQUIREMENTS; GRANDFATHERING.— Baird Cheney Espaillat Luria Ruiz Wexton Effective beginning on the date of the effec- Balderson Chu Evans Lynch Ruppersberger Wild tiveness of the mortgagee letter or other Barr Cicilline Feenstra Mace Rush Williams (GA) guidance issued pursuant to subsection (c) of Barraga´ n Clark (MA) Ferguson Malinowski Ryan Williams (TX) this section, notwithstanding any choice or Bass Clarke (NY) Fischbach Malliotakis Salazar Wilson (FL) Beatty Cleaver Fitzgerald approval of any appraiser made before such Maloney, Sa´ nchez Wilson (SC) Bentz Clyburn Fitzpatrick Wittman date of enactment, no appraiser may conduct Carolyn B. Sarbanes Bera Cohen Fleischmann Maloney, Sean Scalise Womack an appraisal for any mortgage for single- Bergman Cole Fletcher Mann Scanlon Yarmuth family housing insured under title II of the Beyer Comer Fortenberry Manning Schakowsky Young National Housing Act (12 U.S.C. 1707 et seq.) Bice (OK) Connolly Foster Mast Schiff Zeldin unless such appraiser is, as of such date of ef- Bilirakis Cooper Frankel, Lois Bishop (GA) Correa Gallagher NAYS—75 fectiveness, in compliance with— Blumenauer Costa Gallego Allen Davidson Harris (1) all of the requirements under section Blunt Rochester Courtney Garamendi Armstrong Donalds Harshbarger 202(g)(5) of such Act (12 U.S.C. 1708(g)(5)), as Bonamici Craig Garbarino Arrington Duncan Hern amended by subsection (a) of this section, in- Bost Crenshaw Garcia (CA) Babin Estes Herrell Bourdeaux ´ cluding the requirement under subparagraph Crist Garcıa (IL) Banks Fallon Hice (GA) Bowman (B) of such section 202(g)(5) (relating to dem- Crow Garcia (TX) Biggs Foxx Higgins (LA) Boyle, Brendan onstrated verifiable education in appraisal Cuellar Gibbs Bishop (NC) Franklin, C. Huizenga F. requirements); or Davids (KS) Gimenez Boebert Scott Jackson Brady Davis, Danny K. Gomez Brooks Fulcher Johnson (LA) (2) all of the requirements under section Brown Davis, Rodney Gonzales, Tony Buck Gaetz Jordan 202(g)(5) of such Act as in effect on the day Brownley Dean Gonzalez (OH) Budd Gohmert Kelly (MS) before the date of the enactment of this Act. Buchanan DeFazio Gonzalez, Burchett Good (VA) LaMalfa MPLEMENTATION Bucshon (c) I .—Not later than the DeGette Vicente Burgess Gooden (TX) Lesko Bustos expiration of the 240-day period beginning on DeLauro Gottheimer Bush Gosar Loudermilk Butterfield the date of the enactment of this Act, the DelBene Graves (LA) Cammack Granger Massie Calvert Secretary of Housing and Urban Develop- Delgado Graves (MO) Cline Green (TN) McClintock Carbajal Demings Green, Al (TX) Cloud Greene (GA) Miller (IL) ment shall issue a mortgagee letter or other Ca´ rdenas DeSaulnier Grijalva Clyde Griffith Norman guidance that shall— Carl DesJarlais Guthrie Crawford Grothman Palazzo (1) implement the amendments made by Carson Deutch Hagedorn Curtis Guest Palmer subsection (a) of this section; Carter (LA) Diaz-Balart Harder (CA)

VerDate Sep 11 2014 07:11 May 19, 2021 Jkt 019060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.062 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2520 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Pence Rouzer Tiffany by proxy. Had I been able to cast the Whereas the Georgia shooting came in the Perry Roy Van Duyne vote of Representative WATERS on midst of an alarming surge in anti-Asian Pfluger Rutherford Weber (TX) hate crimes and incidents, which has caused Rice (SC) Sessions House Resolution 403 by proxy, Ms. Westerman many Asian Americans across the United Rose Steube WATERS would have been recorded as a Rosendale Taylor States to feel fearful and unsafe; ‘‘yes.’’ Whereas the use of anti-Asian terminology NOT VOTING—4 f and rhetoric related to COVID–19, such as Carter (GA) Reed the ‘‘Chinese virus’’, ‘‘Wuhan virus’’, and Golden Webster (FL) CONDEMNING THE HORRIFIC ‘‘kung flu’’, has perpetuated anti-Asian stig- SHOOTINGS IN ATLANTA, GEOR- b 1819 ma that has resulted in Asian Americans GIA, ON MARCH 16, 2021 being harassed, assaulted, and scapegoated Mr. PFLUGER and Ms. VAN DUYNE Mrs. CAROLYN B. MALONEY of New for the COVID–19 pandemic; changed their vote from ‘‘yea’’ to Whereas anti-Asian hate crimes increased York. Madam Speaker, pursuant to ‘‘nay.’’ by nearly 150 percent in major cities House Resolution 403, I call up the res- So (two-thirds being in the affirma- throughout the United States in 2020; olution (H. Res. 275) condemning the tive) the rules were suspended and the Whereas according to a recent report by horrific shootings in Atlanta, Georgia, Stop AAPI Hate, there were nearly 3,800 re- bills were passed. on March 16, 2021, and reaffirming the ported cases of anti-Asian discrimination re- The result of the vote was announced House of Representative’s commitment lated to COVID–19 between March 19, 2020, to as above recorded. to combating hate, bigotry, and vio- February 28, 2021; The title of H.R. 1510 was amended so lence against the Asian-American and Whereas 68 percent of reported incidents of as to read: ‘‘A bill to direct the Sec- anti-Asian hate targeted Asian-American Pacific Islander community, and ask retary of Veterans Affairs to submit to women, a population that has been histori- for its immediate consideration in the Congress a report on the use of cam- cally marginalized, sexualized, and House. eras in medical facilities of the Depart- fetishized; The Clerk read the title of the resolu- Whereas, on March 19, 2021, President Joe ment of Veterans Affairs.’’. tion. Biden and Vice President Kamala Harris met The title of H.R. 2878 was amended so The SPEAKER pro tempore. Pursu- with Asian-American leaders in Georgia and as to read: ‘‘A bill to direct the Sec- ant to House Resolution 403, the resolu- reaffirmed their strong commitment to con- retary of Veterans Affairs to carry out tion is considered read. demn and combat racism, xenophobia, and a Native VetSuccess at Tribal Colleges violence targeting the Asian-American com- The text of the resolution is as fol- and Universities Pilot Program, and munity; and lows: for other purposes.’’. Whereas the people of the United States A motion to reconsider was laid on H. RES. 275 will always remember the victims of these shootings and stand in solidarity with those the table. Whereas, on March 16, 2021, a shooter murdered 8 people and injured 1 in the Atlanta, affected by this senseless tragedy: Now, PERSONAL EXPLANATION Georgia, region in 3 separate shootings that therefore, be it Mr. CARTER of Georgia. Madam Speaker, took place at Asian-owned spas; Resolved, That the House of Representa- I was unavoidably detained. Had I been Whereas the people of the United States tives— present, I would have voted ‘‘yea’’ on rollcall mourn the 8 innocent lives lost, 7 of whom (1) condemns the heinous and inexcusable were women, 6 of whom were women of Asian acts of gun violence that led to the tragic No. 145, ‘‘nay’’ on rollcall No. 146, ‘‘nay’’ on loss of 8 lives in Georgia on March 16, 2021; rollcall No. 147, and ‘‘yea’’ on rollcall No. 148. descent, and several of whom were immigrants; (2) condemns any racism and sexism in the MEMBERS RECORDED PURSUANT TO HOUSE Whereas the victims included Xiaojie choice of the shooter to target Asian-owned RESOLUTION 8, 117TH CONGRESS ‘‘Emily’’ Tan, Daoyou Feng, Delaina Ashley businesses and murder 7 women, 6 of whom Allred (Wexton) Kirkpatrick Pascrell Yaun, Paul Andre Michels, Yong Ae Yue, were of Asian descent; Beatty (Kelly (Stanton) (Pallone) Soon Chung ‘‘Julie’’ Park, Hyun Jung Grant, (3) honors the memory of the victims, of- (IL)) Lawrence Payne (Pallone) and Sun Cha Kim; fers heartfelt condolences to their families, Buchanan (Dunn) (Watson Ruppersberger and recognizes that the healing process will Cardenas Whereas 49-year-old Xiaojie ‘‘Emily’’ Tan, Coleman) (Raskin) a hardworking mother and the owner of 1 of be long and difficult for the Asian-American (Gallego) Lawson (FL) Rush Carter (TX) the spas, was a dedicated and caring business and Pacific Islander community and all com- (Evans) (Underwood) munities impacted by this tragedy; and (Calvert) Levin (MI) Sewell (DelBene) owner who is survived by her daughter and Crenshaw (4) reaffirms the commitment of the (Raskin) Slotkin (Axne) husband; (Pfluger) United States Federal Government to com- Lieu (Beyer) Stevens (Axne) Whereas 44-year-old Daoyou Feng was an DesJarlais Tlaib (Garcı´a employee who recently began working at 1 of bat hate, bigotry, and violence against Asian (Fleischmann) Lowenthal (Beyer) (IL)) the spas; Americans and Pacific Islanders and to pre- Deutch (Rice vent tragedies like this from ever happening (NY)) McEachin Waters Whereas 33-year-old Delaina Ashley Yaun, Dingell (Kuster) (Wexton) (Barraga´ n) a newlywed and mother of 2, was at 1 of the again. Frankel, Lois McHenry (Banks) Wilson (FL) spas to receive a couple’s massage with her The SPEAKER pro tempore. The res- (Clark (MA)) Napolitano (Hayes) husband when her life was cut short; olution shall be debatable for 1 hour ´ (Correa) Wilson (SC) Grijalva (Garcıa Whereas 54-year-old Paul Andre Michels equally divided and controlled by the (IL)) Ocasio-Cortez (Timmons) was a caring husband and a United States Kildee (Kilmer) (Bush) Young (Mast) chair and ranking minority member of Army veteran who did maintenance work for the Committee on Oversight and Re- f 1 of the spas and is survived by his wife; Whereas 63-year-old Yong Ae Yue was a form. REMOVAL OF NAME OF MEMBER The gentlewoman from New York AS COSPONSOR OF H.R. 3287 mother of 2 sons who was known for her kindness and generosity and her love of her (Mrs. CAROLYN B. MALONEY) and the Mr. LAMALFA. Madam Speaker, I pet Shih Tzu; gentleman from Texas (Mr. FALLON) hereby remove my name as a cosponsor Whereas 74-year-old Soon Chung ‘‘Julie’’ each will control 30 minutes. of H.R. 3287. Park was a mother and grandmother who The Chair recognize the gentlewoman The SPEAKER pro tempore (Ms. WIL- helped manage 1 of the spas and helped to from New York. prepare meals for the employees; LIAMS of Georgia). The gentleman’s re- GENERAL LEAVE Whereas 51-year-old Hyun Jung Grant was quest is accepted. a former elementary school teacher and Mrs. CAROLYN B. MALONEY of New f hardworking single mother who dedicated York. Madam Speaker, I ask unanimous consent that all Members have 5 PERSONAL EXPLANATION her whole life to raising her 2 sons; Whereas 69-year-old Sun Cha Kim was a legislative days in which to revise and Ms. BARRAGA´ N. Madam Speaker, I wife, mother, and grandmother who enjoyed extend their remarks and insert extra- was unable to vote on Roll Call 147, line dancing and had been married for more neous materials on H. Res. 275. House Resolution 403, the rule pro- than 50 years; The SPEAKER pro tempore. Is there viding for consideration of H. Res. 275 Whereas during an interview with the objection to the request of the gentle- and H.R. 1629. Cherokee County Sheriff’s Office, the suspect stated that the shootings were not ‘‘racially woman from New York? I intended to vote ‘‘yes’’ on the reso- motivated’’, but the investigation is still on- There was no objection. lution. going and authorities have not ruled out the Mrs. CAROLYN B. MALONEY of New Additionally, I was unable to cast the possibility of classifying the attacks as a York. Madam Speaker, I yield myself vote of Representative MAXINE WATERS ‘‘hate crime’’; such time as I may consume.

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.064 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2521 Madam Speaker, I rise in support of irrational violence. We grieve with the While this resolution threatens some H. Res. 275, condemning the horrific victims’ families, friends, and loved political theater, it is remarkable also shootings that led to the tragic loss of ones as they now must cope with this for what it seems to be conveniently eight American lives in Atlanta, Geor- tremendous loss. omitting from this resolution address- gia, on March 16. The people of the Justice must prevail, and the perpe- ing anti-Asian bias. United States mourn the eight inno- trator must be held to account for House Democrats have left out the cent lives lost, six of whom were these atrocious murders. That is why it many ongoing and high-profile lawsuits women of Asian descent, and several of is so very unfortunate that this resolu- filed by Asian Americans alleging anti- whom were immigrants. tion that we are discussing and consid- Asian discrimination in schools’ and Madam Speaker, I want to thank ering tonight on the floor came on a universities’ admissions policies. Congresswoman JUDY CHU for her lead- rule when it wasn’t even marked up in So why would our friends across the ership on this issue and for introducing committee. I want to talk about the aisle ignore these allegations in this this important legislation. process—both the committee process resolution? Over the past year, Asian-Americans and due process. At the same time, this resolution in- have been attacked and harassed be- Taking the former first, the com- cludes the strange statement that ref- cause of misinformation and xeno- mittee process, I have only spent 4 erences the Wuhan virus as anti-Asian. phobia that wrongly blamed them for months here in Washington serving There are other elements that are the coronavirus pandemic. And, sadly, this august Chamber, but I did serve 8 clearly anti-Asian that are in this reso- incidents of violence against Asian- years in the Texas legislature. What I lution, and should be. But the Wuhan Americans are on the rise across our noticed was nearly all legislation be- virus is where this virus originated. country. comes better when it goes through the Historically, viruses are often named The heinous shootings in Georgia was committee process. for their place of origin. A case in point a wake-up call for the public to the re- So if this issue was so important, as is the West Nile virus. It wasn’t in ality the Asian-American community my friends on the other side of the Montana. It was in the West Nile dis- is facing each and every day. Acts of aisle state—and it should be, it is very trict of Uganda. violence like these demonstrate why important—then Members would have Zika was named after the Zika For- we must always call out bigotry and been allowed to offer amendments est in Uganda. Ebola was named after hate whenever or wherever we see it. through the proper committee process, the Ebola River in Zaire, in central Af- We must all speak out against it. which might have, and most likely rica. Here in America, we have the Rocky In New York City, the number of would have, greatly improved this reso- Mountain spotted fever named after a anti-Asian hate crimes reported to the lution as it comes to the floor today big mountain chain in the West. A dis- police increased by 833 percent last and helped garner broader support. ease in my native New England, Lyme year, the most out of any major city in Our aim should be to send the strong- disease, was found in Old Lyme, Con- America. This is simply unacceptable. est message possible to the American people that all bigotry is to be connecticut. By voting to pass this resolution, the So is that going to be geographically House of Representatives will clearly demned and not tolerated. We are the most diverse nation on prejudiced? state our condemnation of the heinous Of course not. and inexcusable acts of gun violence the face of the Earth, and our diversity There are no resolutions condemning that led to the tragic loss of eight lives is our strength. We value the priceless the use of the words Ebola, Zika, or in Georgia on March 16. contribution of our American brothers West Nile. So not only have we not The resolution also condemns any and sisters of Asian descent, and that seen resolutions condemning these racism and sexism that contributed to should be the point, not to make this names, they have also been embodied the shooter’s targeting of the Asian- resolution unnecessarily partisan and in the United States Code many times owned businesses and murder of seven eventually become specious political in reference to the very diseases being women, six of whom were of Asian de- talking points. combated. It is just descriptive. It is To the latter point, due process, this scent. not insulting by any stretch. This resolution honors the memory resolution threatens the rule of law by I could go on, but I think the point is of the victims and the loved ones they assuming facts in an individual case made. leave behind. The healing process will that have yet to be proven. There is no We should be more cautious in this be long and difficult for the Asian- question that the shootings in Atlanta legislative body with the statements American and Pacific Islander commu- were horrific, but their motivation has we pass as certainty and the procedural nity, and all communities impacted by yet to be determined under law. precedents we set forth in the context this tragedy. While all illegal violence will and of the judicial system. We should be fo- should be roundly and justifiably con- b 1830 cused on allowing the due process to demned, it is inappropriate for the play out with justice served, and con- Importantly, the resolution affirms House of Representatives to opine on tinue to condemn vile and evil acts of the commitment of the Federal Gov- the facts of an individual case when violence against all Americans. ernment to combat hate, bigotry, and those facts will be decided by an We should say this to our brothers violence against Asian Americans and impaneled jury, a jury that will hear and sisters of Asian descent: We appre- Pacific Islanders, and to prevent trage- all that evidence. A jury should not be ciate you, we respect you, we love you, dies like this in the future, a commit- pressured into deciding the facts one and we grieve with you. ment I hope all of my colleagues can way or the other based on political spin When you break down Americans de- agree on. and partisan pressure directed by this mographically, Asian Americans are a I am proud to stand in solidarity Chamber. successful group in our country. Asian with the Asian-American and Pacific- Do my colleagues on the other side of Americans, in their journey, epitomize Islander community in calling for an the aisle understand how this resolu- the promise of America. end to the targeted attacks like the tion could damage the ideal of legal I thought it was interesting, the U.S. one we saw in Atlanta. due process by putting forth an asser- Census Bureau in 2019, the median Madam Speaker, I strongly support tion of facts before our justice system household income for Asian Americans this resolution, I urge all of my col- has had the ability to function? was $98,174 compared to, for all Ameri- leagues to do the same, and I reserve The trial for this tragedy in Atlanta cans, $68,703. That is 43 percent higher. the balance of my time. isn’t over. In fact, it hasn’t even start- The history of the Asian-American Mr. FALLON. Madam Speaker, I ed yet. This resolution sets a dan- journey is one of prosperity, hope, and yield myself such time as I may con- gerous precedent at this time the way promise fulfilled. Our Asian-American sume. it is written. It is a possibly reckless brothers and sisters should be con- Madam Speaker, what happened on path to embark down for such an im- gratulated, admired, and emulated. March 16, 2021, in Atlanta is a senseless portant legislative body as the United Our hearts go out to the families of tragedy. It is an unconscionable act of States House of Representatives. the victims.

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.102 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2522 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Madam Speaker, I reserve the bal- through tears about how unfair it was Madam Speaker, of scoring political ance of my time. that her mother’s life was cut short on points. That is my read. Mrs. CAROLYN B. MALONEY of New her 50th birthday. It seems to be a veiled criticism of York. Madam Speaker, I yield 3 min- Then there was Young Ae Yue, whose President Trump. It is needless and utes to the gentlewoman from Cali- son, Robert, told me about his mother more divisive identity politics. We defi- fornia (Ms. CHU), who is the chair- and how she adored her children and nitely don’t need more of that in this woman of the Congressional Asian Pa- loved being a Har Mul Ni, or grand- country. I think it is political oppor- cific American Caucus and sponsor of mother. She would share her love tunism. So I encourage my Democrat this important resolution. through cooking and karaoke. But colleagues and my Republican col- Ms. CHU. Madam Speaker, I rise amid his pain, Robert was angry, too— leagues to reject this and to vote ‘‘no’’ today in strong support of my resolu- angry that it happened, angry at a nar- for those reasons. tion, H. Res. 275, to condemn the hor- rative that tried to justify it by victim Mrs. CAROLYN B. MALONEY of New rific shootings in Georgia and to reaf- blaming, and angry that people moved York. Madam Speaker, I yield 2 min- firm the House of Representatives’ on so quickly. utes to the gentleman from Maryland strong commitment to combating anti- The SPEAKER pro tempore. The (Mr. MFUME), who is a distinguished Asian hate, bigotry, and violence. time of the gentlewoman has expired. member of the Committee on Oversight As we commemorate Asian American Mrs. CAROLYN B. MALONEY of New and Reform. and Pacific Islander Heritage Month York. Madam Speaker, I yield an addi- Mr. MFUME. Madam Speaker, I this May, the Asian-American and Pa- tional 30 seconds to the gentlewoman thank the gentlewoman from Cali- cific-Islander community continues to from California. fornia, Ms. CHU, for bringing us to this be terrified by the alarming rise in Ms. CHU. Madam Speaker, we will point. anti-Asian hate and violence that have not move on, and that is what today’s Madam Speaker, I rise in support of become near daily tragedies. resolution is about. We must remember H. Res. 275, condemning the horrific The bigotry and xenophobia were Young Ae Yue, Xiaojie Tan, and other shootings in Atlanta, Georgia, on fueled by former President Donald victims of these horrific shootings in March 16, 2021, and reaffirming this Trump and his followers, who used ra- Georgia. We must stand up for all of body’s commitment to combating hate, cial slurs like China virus, Wuhan those who have been terrorized by anti- combating bigotry, and combating vio- virus, and Kung flu to direct blame and Asian hate and violence. lence against the Asian-American com- anger at innocent Asian Americans, Madam Speaker, I urge my col- munity and the Asia-Pacific Islander who have put lives at risk despite the leagues to vote ‘‘yes’’ on the resolu- community. fact that the CDC and World Health Or- tion. b 1845 ganization said not to name a virus Mr. FALLON. Madam Speaker, I after geographical locations because of yield 3 minutes to the gentleman from It is consistent with this body’s ap- the stigma it would cause. Texas (Mr. ARRINGTON). proach to racism that has affected Af- In fact, to date, there have been over Mr. ARRINGTON. Madam Speaker, I rican Americans, Latinos, and Native 6,600 anti-Asian hate incidents reported thank my fellow Texan, Representative Americans. in just the past year alone, and two- FALLON, for the opportunity to speak. Madam Speaker, I am a bit lost at thirds of those have targeted Asian To my colleague, JUDY CHU, I have some of the comments that I have lis- women. enjoyed working with her and serving tened to because, on the other side of In March, the fear that many Asian with her on the Ways and Means Com- the House, someone mentioned that Americans were feeling reached a crisis mittee, and I have respect for her. this has everything to do with the point when a gunman targeted three Let me be clear, Madam Speaker, the trial. This has nothing to do with the Asian-owned spas in Georgia, killing Atlanta shootings were heartbreaking trial. This has to do with those inno- eight people, including six Asian and absolutely unconscionable. I con- cent people who were murdered. The women. This killer, so motivated by demn, as I imagine all of my colleagues trial never came up. hate, intentionally sought out Asian do, all hate and all violence against This has nothing to do with trying to immigrant women. any person for any reason. I mourn for point fingers. This is about people who In response, I organized a congres- all Americans who have lost their lives got up that day with families and all sional delegation to Atlanta to meet to any senseless act of violence. died because they happened to be in a with the victims’ families, as well as Today, my colleagues have brought certain place at a certain time. local AAPI leaders. We went there with forth a resolution that I believe is Sometimes when I listen to that, I a purpose: to follow the murderer’s laced with political jabs and unsub- say to myself: Well, you really don’t steps to show how deliberate he was in stantiated assertions about labeling a understand. You really don’t under- targeting three Asian-owned businesses virus by its geographical origin. stand. Maybe it is nice to be born male that were nearly 30 miles apart from To say that the term ‘‘Wuhan virus’’ and White when no one has ever at- each other. drove this individual to commit un- tacked you because of your skin color, Local sheriffs have tried to diminish thinkable crimes is both premature because of your heritage, because you these crimes by saying that the shoot- and illogical, and it needlessly politi- are male. er had a sex addiction and a bad day. cizes this horrible tragedy. It is inap- I just repudiate all of that. It sickens But he had plenty of other places to go propriate, and I believe it is unwise, for me to see the level of violence being in that time. Instead, he chose three Congress to presume a motive in the perpetrated against Asian Americans places where Asian women would be middle of an ongoing investigation. who represent our friends. They are our killed. For the sake of our country, we must neighbors. They are our fellow Ameri- There is no doubt in my mind that stop politicizing heinous acts of vio- cans, our coworkers. this was a hate crime. That is why I am lence committed by sick, evil individ- Over 600 cases have dotted the news glad that Georgia prosecutors an- uals. We must stop making claims that throughout this Nation in just the first nounced last week they will be seeking supersede and ignore personal responsi- few months of this year, with two- enhanced hate crime charges against bility. When an individual commits a thirds of those cases being against the murderer. crime, they are responsible for that Asian-American women, where they The victims of these tragic shootings crime, and our judicial system is there were kicked, and they were beaten, and were hardworking mothers and grand- to ensure that the individual is held ac- they were stabbed, and they were hit mothers, many in their fifties, sixties, countable and brought to swift and cer- with bricks. and as old as 74. I met with the families tain justice. Doesn’t that sicken us to the point of two of these women. Again, I mourn for the lives lost in that we really want to just condemn Xiaojie Tan was the owner of one of Georgia, but today’s resolution does this, as we should? the spas and a mother, who worked 7 not strike me as simply and only a sin- In an era of smaller vision, rampant days a week to provide for her family. cere attempt to highlight injustice or apathy, and celebrated mediocrity, we Her daughter, Jami, spoke to us to condemn hate crimes. It reeks, desperately need those who will stand

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.104 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2523 up for that which is right and to fight Mr. FALLON. Madam Speaker, I re- I reserve the balance of my time. like hell against that which is wrong. I serve the balance of my time. Mrs. CAROLYN B. MALONEY of New urge passage of this resolution. Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 2 min- Mr. FALLON. Madam Speaker, I York. Madam Speaker, I yield 2 minutes to the distinguished gentlewoman yield myself such time as I may con- utes to the gentleman from Virginia from Georgia (Mrs. MCBATH), a co-lead- sume. (Mr. CONNOLLY), a distinguished mem- er of this resolution. My colleague just mentioned that it ber of the Oversight and Reform Com- Mrs. MCBATH. Madam Speaker, I must be nice to be born male and mittee and the chairman of the Gov- rise in support of this bicameral resolu- White. I was born both, and I didn’t ernment Operations Subcommittee. tion denouncing anti-Asian hate, and I choose it. That is the way it happened. Mr. CONNOLLY. Madam Speaker, I offer once again my deepest condo- And then he went on to say: Must be thank the chairwoman for her leader- lences to the families that have suf- nice that no one has ever attacked you ship. fered these hate tragedies. because you are male and White. I also want to salute our colleague, I thank Representative CHU for this That is an interesting comment be- Congresswoman CHU, for her persistent very critical and timely legislation. cause I have a dear friend who was advocacy and her moral clarity on the Too often, we have seen hate and dis- beaten to within an inch of his life in subject we address today. crimination turn to violence and ter- a section of town that was right out- I commend the House for passing the ror, and we must reaffirm again our side of Duke University, and he was resolution to condemn the horrific commitment to stand against all forms beaten primarily because he didn’t ‘‘be- shootings in Atlanta on March 16 and of bigotry and hatred. Racism simply long in that neighborhood.’’ And do to reaffirm the House’s commitment to has no place in our communities in this you know who is at fault for that? The combating hate, bigotry, and violence Nation. very people who beat him. No one else. against the AAPI community. As I travel across Georgia’s Sixth Since the beginning of the Unfortunately, hate occasionally fills District, I am very privileged to inter- coronavirus pandemic, we have seen all hearts, regardless of someone’s act with so many members of the racist sentiment, discrimination, and shape, size, or shade. Asian-American community. They are hate crimes targeting Asian Americans And that comment in and of itself our small business owners, teachers, skyrocket to alarming levels. Members was divisive. On this solemn occasion, doctors, electricians, contractors, and when we are discussing condemning of the AAPI community have been call- financial analysts. ing out for help for over a year now. hate, I just find that unfortunate and I actually had the opportunity to They should not have to live in fear of disturbing, and I reserve the balance of spend time with one of the families my time. facing discrimination, hate, or violence who had suffered one of these tragedies Mrs. CAROLYN B. MALONEY of New while walking in their neighborhood, there in Atlanta, I believe within the York. Madam Speaker, I yield 2 min- going to the grocery store, or going to utes to the gentleman from Georgia work. Chair’s district. I can tell you the profound pain that emanated from them (Mr. JOHNSON), a distinguished member Since the pandemic’s outbreak, there of the Committee on Oversight and Re- was a 1,900 percent increase in violence and that grief, and I understand that form. against this community in 2020 alone completely. Mr. JOHNSON of Georgia. Madam and a 150 percent increase in hate We have to remember that we are all Speaker, I thank the gentlewoman for crimes against AAPIs in America’s made stronger by the community that yielding me the time. major cities. surrounds us, who lifts us up in time of Madam Speaker, today, I rise in sup- There were 3,800 reported cases of need, and who makes our home the port of H. Res. 275, which is legislation Asian-American discrimination related best place to live and raise a family, introduced by my friend, Congress- to COVID–19 over the past year, 68 per- and that is right here in the United woman JUDY CHU, which puts the cent of which targeted Asian-American States of America. We must never lose House on record condemning the racist women. Three in five Asian Americans sight of the power of walking in each shootings in Atlanta. have experienced discrimination during other’s shoes. And, yes, I have walked That is what it does. That is all it the pandemic. in these families’ shoes. does, plain and simple. There are no Let me be clear: These events do not We must never lose sight of under- politics, no hidden meanings, no digs at occur in a vacuum. America has a dark standing the path that others have ex-President Donald Trump. That has history of vilifying minorities, includ- traveled and of celebrating the wonder- nothing to do with it. It is just putting ing targeting the Asian-American and ful differences that we all bring to this Congress on record condemning the Pacific Islander community, in par- great Nation today. racist shootings in Atlanta. ticular, and using Federal law to en- We again stand with our friends and Atlanta and the South are no strang- able that discrimination and even vio- our neighbors in the Asian-American ers to White folks utilizing violence to lence. community to denounce hate and to terrorize and harm communities of Look no further than the Chinese Ex- work together toward a future filled color, but even though the cities past clusion Act in 1882, the first Federal with love, acceptance, and faith for a and present are marred by white su- law to bar an entire group of people brighter world. premacy, Atlanta is also a city too from immigrating purely based on Mr. FALLON. Madam Speaker, I re- busy to hate. It is a city that continues their race, and the internment of Japa- serve the balance of my time. to be a catalyst for progress and tri- nese Americans in 1942. Mrs. CAROLYN B. MALONEY of New umph. No one should feel unsafe in America York. Madam Speaker, I yield 2 min- Madam Speaker, it is a hotbed in the ever. We all play a role in stopping the utes to the distinguished gentlewoman South for justice. The city’s heart bled spread of violence and racism against from Georgia (Ms. BOURDEAUX), co- for the victims killed on March 16, but the AAPI community. Solidarity is leader of this resolution. that heart did not stop beating. greater than racism. Today, we are all Ms. BOURDEAUX. Madam Speaker, I Last summer, we marched for Black Asian Americans. thank Chairwoman MALONEY for yield- lives. Today, I stand for my Asian Mr. FALLON. Madam Speaker, I ing. brothers and sisters, calling for a stop, agree with my colleague that no one, Across our country, the Asian-Amer- an end to Asian hate. no American, should live in fear, Asian ican and Pacific Islander community I thank Representative CHU for her American, African American, European has felt deeply under attack. Over the leadership, and I am proud to support American, Hispanic American, or oth- past year, xenophobic political leaders this commonsense, straightforward leg- erwise. No one. Because if you are not used dangerous rhetoric to stir up ha- islation. I urge as strongly as I can, safe, then you are not free. tred against many immigrant commu- with as much moral clarity as I can, That is what we are here for, to guar- nities, including the Asian-American every Member of this body, both on the antee equal protection under the law. community during the COVID–19 pan- other side of the aisle and also on this Safety and freedom are our most sol- demic. side of the aisle, to support this legisla- emn tasks while serving in this Cham- Soon, words became action, and on tion. ber. March 16, 2021, the Atlanta area saw

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.106 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2524 CONGRESSIONAL RECORD — HOUSE May 18, 2021 the tragic and, in some ways, inevi- be judged by the color of their skin, Madam Speaker, I thank my distin- table result when eight lives were but by the content of their character.’’ guished colleagues, Representative taken from us. Asian Americans certainly have dem- CHU, Representative MCBATH, and Rep- The victims of this attack included onstrated great character with their resentative BOURDEAUX, for their mothers and grandmothers, fathers and numerous and countless contributions thoughtful and important resolution. sons, teachers and veterans. These are to this American experiment. The House of Representatives must lives that cannot be restored, leaving We all mourn the victims of this at- take a stand against anti-Asian bigotry pain that cannot be forgotten. tack, including the family members and hate, and condemn the terrible Today, we honor their memories. To- and community they leave behind. shootings in Atlanta. morrow, the House will vote on a bipar- I join my colleagues in seeking the H. Res. 275 does just that. I urge tisan and bicameral resolution that I fullest expression of justice that our every Member on both sides of the aisle coauthored with Chair JUDY CHU of the system is designed to deliver. to support this resolution. Congressional Asian Pacific American That gets back to culture, the cul- Madam Speaker, I yield back the bal- Caucus. It calls on Congress to affirm ture of this Chamber. Sometimes you ance of my time. our commitment to combat hate and hear from the mouth of babes. Well, I Mr. BISHOP of Georgia. Madam Speaker, bigotry against the AAPI community am a rookie and a freshman. I have millions of people here and around the globe and condemns the hateful actions only been here 4 months. This is the were shocked to learn of the shootings at taken in Atlanta. most hyperpartisan legislative body in three Atlanta spas last March that killed eight It is a step in the right direction, but this country, and it is awful. I am not people and injured one. Six of the eight vic- only a step. America is and has always saying that my party may not have tims were of Asian descent. been a nation of immigrants, a fact done something similar in the past. I Many of us saw a link between the discrimi- that deserves to be celebrated. I proud- don’t know; I wasn’t here. natory and often hateful rhetoric against the ly represent one of the most diverse I served in the Texas Legislature, Asian-American community during the districts in the Nation, with about a both the House and the Senate, and I COVID–19 pandemic and this unspeakable quarter of my constituents having been was very proud of the fact that almost act of violence. In fact, the last year has seen born in another country. 99 percent of the things we passed in an unacceptable rise in anti-Asian racism and When one group of Americans is that body had at least some bipartisan violent attacks, especially against the elderly. hurting, we are all hurting. Watching support because we worked together, There are many such incidents across the na- my son grow up in our diverse commu- for the betterment of our State, to tion that are said to be unreported as well. nity reminds me that none of us are make Texas better. As the Dean of the Georgia Delegation, I born with hatred in our hearts. Rather, Why can’t we do that here, for the strongly condemn these heinous acts of vio- it is something that is taught. betterment of our country? lence against our Asian-American brothers As we vote today, let’s teach compas- Not everything has to be partisan. I and sisters. They have no place in Georgia or sion, let’s teach acceptance, let’s teach know it is now, but it doesn’t have to anywhere else in our nation for that matter. I therefore urge my colleagues to support empathy. I rise in support of this reso- be. We need to work together to change not only this important resolution to condemn lution. that culture. this act of violence and to remember the lives Mr. FALLON. Madam Speaker, I re- I am a back-benching freshman. I that were so tragically taken from us last serve the balance of my time. don’t have a lot of say. My voice isn’t really heard here yet. That is okay. March in Atlanta. I also urge them to support b 1900 But if there is ever a day where it is, I the bipartisan COVID–19 Hate Crimes Act to Mrs. CAROLYN B. MALONEY of New pledge to do everything I can to work, bolster the investigation and prosecution of York. Madam Speaker, I yield 2 min- when possible, on a bipartisan basis be- hate crimes in the United States. utes to the gentleman from Texas (Mr. cause it is better for this country. Mr. SABLAN. Madam Speaker, we cannot GREEN), a distinguished member of the We don’t always have to score cheap countenance the culture of hate in our nation Congressional Asian Pacific American political points, looking down the road that leads to Asian and Pacific Islander Ameri- Caucus. for the next fundraiser or the next elec- cans being harassed, assaulted, and Mr. GREEN of Texas. Madam Speak- tion. We can really do what is best for scapegoated for the COVID–19 pandemic. Hateful rhetoric has deadly consequences. er, I thank Ms. CHU for her diligence the country. Not red America, not blue Xiaojie ‘‘Emily’’ Tan, Daoyou Feng, Delaina and her persistence in getting this America. America. done. We had that opportunity here with Ashley Yaun Gonzalez, Paul Andre Michels, This is a moment for sober reflection. this resolution. It could have been Yong Ae Yue, Soon Chung ‘‘Julie’’ Park, Hyun This is a time for us to understand that written if we had the committee proc- Jung Grant, and Suncha Kim were forever there is a lot of pain in the Asian- ess. The minority party could have taken from their families on March 16 in a American community. contributed to it. We could have shooting fueled by this racist hate. These eight victims deserve swift justice for There are people who are suffering, worked together on it. We could have the heinous and inexcusable act of gun vio- and it gives us an opportunity now to pretty much guaranteed a 435-to-noth- let them know that they are not alone, lence that ended their lives. ing vote. Because, at the end of the But all Asian and Pacific Islander Americans to let them know that liberty and jus- day, what I can recall in the Rules deserve for this Congress to stand up, con- tice for all applies to them, to let them Committee was talking about sending demn the violence, and commit to ending ha- know that we will stand against the a strong message that hate will not be tred and bigotry. That is why I am a cosponsor hate as we stand with them. It is a tolerated, bigotry will not be tolerated. of H. Res. 275. time for sober reflection. Yes, this country has had an ugly On behalf of the majority Asian/Pacific Is- Mr. FALLON. Madam Speaker, I past. It disgusts me. But when you are lander community I represent, I join my col- yield myself the balance of my time. raised the right way, you see it for leagues in expressing our condolences to the Madam Speaker, I will close with a what it is: evil, unacceptable. families of the victims of the Atlanta shooting. statement of principle that no House We are the greatest country history And I join all those voting for H. Res. 275 resolution can come close to matching has ever known. By working together, in affirming that crimes of hate against Asians, in its compelling moral clarity. It is we can ensure that our children and Pacific Islanders, or any racial or ethnic group the statement of one of the greatest their children enjoy the fruits and the have no place in America. Americans who ever lived, Dr. Martin benefits and the labor and the bounty The SPEAKER pro tempore. All time Luther King, Jr. of this country. I wish that were the for debate has expired. I will be honest, it gave me goose case with this resolution, because it Pursuant to House Resolution 403, bumps as a child and it gives me goose could have been. the previous question is ordered on the bumps every time I hear it or if I say Madam Speaker, I yield back the bal- resolution and the preamble. it. ance of my time. The question is on the resolution. To quote this great man: ‘‘I have a Mrs. CAROLYN B. MALONEY of New The question was taken; and the dream my four little children will one York. Madam Speaker, I yield myself Speaker pro tempore announced that day live in a nation where they will not the balance of my time. they ayes appeared to have it.

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.107 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2525 Mr. FALLON. Madam Speaker, on ways has a smile. While we are sad to As you see, I am putting a compari- that I demand the yeas and nays. see her go, I can tell you with absolute son here of what the world looks like The SPEAKER pro tempore. Pursu- certainty that no one is better pre- with America first and what the world ant to section 3(s) of House Resolution pared to fight for the working people of looks like with America last. 8, the yeas and nays are ordered. Toledo than Theresa. Admittedly, we had the intermittent Pursuant to clause 8 of rule XX, fur- Along with the entire staff, I wish reality of dealing with the pandemic. ther proceedings on this question are her fair winds and following seas as she But just over a year ago, we were deal- postponed. takes her career in public service to ing with record low unemployment, f new heights on the ‘‘Good Ship To- record levels of employment for minority communities in our country, a CONGRATULATING THERESA ledo.’’ I look forward to working close- booming economy, with strong eco- MORRIS ly with Toledo Councilwoman Morris as she ably steers her craft full steam nomic growth. America was leading The SPEAKER pro tempore (Ms. ahead. and moving the world forward. LEGER FERNANDEZ). Under the Speak- Onward, Councilwoman Theresa Mor- Today, we have jobs that are vacant, er’s announced policy of January 4, ris. God bless you. not being filled. Small businesses com- 2021, the gentlewoman from Ohio (Ms. Madam Speaker, I yield back the bal- ing up to me, saying: ‘‘Our whole liveli- KAPTUR) is recognized for 60 minutes as ance of my time. hoods are getting destroyed; we are the designee of the majority leader. f going to lose everything we have built, Ms. KAPTUR. Madam Speaker, I rise because we can’t hire anybody.’’ today in celebration of the achieve- THERE ARE CONSEQUENCES OF I go to restaurants and I see ‘‘help ment and advancement of a longtime OUR CHOICES IN ELECTIONS wanted’’ signs. They are struggling to member of our Ninth Congressional The SPEAKER pro tempore. Under have anybody there to serve. People District team, Theresa Morris of To- the Speaker’s announced policy of Jan- are going back. It is not the virus. Peo- ledo, Ohio. uary 4, 2021, the gentleman from Texas ple are going back. They just can’t get Theresa is an intelligent, compas- (Mr. ROY) is recognized for 60 minutes service. Every businessperson I talk to sionate daughter born into a working- as the designee of the minority leader. in the State of Texas faces the same di- class family in Toledo. She is a true Mr. ROY. Madam Speaker, right now, lemma, the same problem: They can’t public servant. Theresa has served as a we are facing a critical question for our hire anybody. congressional aide in our office for 27 country. It is a question about whether b 1915 tireless and honorable years. our country wants to be first or last. She has advanced her capacities A lot has been made, obviously, of Now why might that be? Could it be across a wide spectrum of duties, such the former President’s agenda, which that in the infinite wisdom of this body as outreaching to small businesses, co- he referred to as ‘‘America First.’’ that we have spent $6 trillion over the ordinating the district’s efforts on the I think, unfortunately, we are sitting last year—$6 trillion over the last Congressional Art Competition, serving here right now, and our country is now year—and that, as part of doing that, as a grants and funding coordinator, too often looking at America last. we have funded unemployment at lev- and being a dependable project assist- There are a number of issues that are els that is making it more attractive ant. facing the constituents that I rep- for Americans to choose not to work She developed firsthand experience resent, but I believe this is true for than to work. Americans are logical on a far-ranging set of issues relating people all across the country. I have human beings. When presented with to immigration, the State Department, spoken many times here on this floor that choice, they are going to make and Homeland Security. Her service about this. that choice. Some aren’t, but many do. has been invaluable to thousands upon In Texas, our border is under siege. And now, you are owning a res- thousands of our citizenry. In Texas, it is a very real impact on taurant and you are trying to have Theresa knows and loves our Toledo our life, our communities. I share that wait staff or people to bus tables or community as fiercely and as well as with my colleagues all across the coun- cooks, and you can’t hire them. You anyone. That is why I am thrilled that try, all 50 States represented here. are trying to run a landscaping com- she was recently appointed to serve on It is very real in Texas, but it is very pany, you can’t hire them. You are try- the City Council of Toledo, Ohio, tak- real in our country about the impact of ing to run a cleaning business, you ing her first step into elected office. I the broken border. It is very real right can’t hire them. could not be more proud of her, her now with people who run small busi- This is real, and it is happening right family, and all those who treasure The- nesses and need to hire people and they now in real time. The result, an econ- resa as a coworker, a friend, and a con- can’t because we are paying people omy stagnating. We are not taking off fidante. more not to work than to work. with growth. Now we have got infla- Theresa is a graduate of Start High It is very real when people are going tionary pressures because we just spent School in Toledo; Alma College in to buy gas at the pump, and it is well $6 trillion. You run the risk of stagfla- Michigan; and Lourdes University in over $3 a gallon. tion, low economic growth, higher cost Sylvania, Ohio, where she earned her It is very real when you try to buy a of goods, all while we are now dealing bachelor of arts and master of organi- house, and lumber is up 470 percent. with the uncertainty of a world in zational leadership degrees, respec- It is very real when you want to go chaos. tively. get the healthcare of your choice and A year ago, small businesses were Theresa has served on the boards of you can’t. thriving. Now, small businesses are the YWCA of Greater Toledo, the City It is very real when you turn on the getting crushed. A year ago, not too of Toledo Youth Commission, Team TV, and you watch what was Middle long ago, gas was $1.77 a gallon. Now Recovery, WGTE Public Media, and the East peace now turning into chaos as we are looking at gas over $3 per gal- Arts Council of Lake Erie West. our friends in Israel are being at- lon. As I said, lumber prices are up 478 Theresa received the 2018 Distin- tacked. percent; copper is up, I think, 50 to 70 guished Hispanic Ohioan Award. She There are consequences to our percent. has a certificate in Minority Executive choices in elections. There are con- My parents right now are trying to Leadership, and is a graduate of the sequences to the leadership you have in go through building a house, and they Toledo Citizens Police Academy. your country. There are consequences are not sure if the dollars they have Her interests are wide-ranging and to the decisions we make. got set aside to do it are going to work, unending. Some have observed she may I would think that all Americans, re- because all of these prices are going up, be the longest-serving Hispanic con- gardless of which side of the aisle you up, up at extraordinary rates. gressional staff member in United fall, whether you are in Congress or There is a cost to bad leadership and States history. Mark that one down for you are back home watching, you want bad decision-making. Our border was the record. America to be first. You want America well on its way to becoming secure. In Madam Speaker, Theresa is made of to succeed. You want America to do April last year, we had 20,000 apprehen- good humor, tenacity, and grit. She al- well. You want our allies to succeed. sions. How many apprehensions did we

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.109 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2526 CONGRESSIONAL RECORD — HOUSE May 18, 2021 have this year in April? 178,000. We mala to America. She didn’t have a my good friend from Pennsylvania have had over 530-something thousand parent, didn’t have an uncle, didn’t should he wish to opine. apprehensions from January 1 through have an aunt, didn’t have a brother, Mr. PERRY. I would, and I thank the the end of April. We have had almost didn’t have a sister. She was by herself. great gentleman from Texas. I agree 600,000 apprehensions to date, based on The young man who was right next to with him on the position he is taking, the information I have through mid- her, I said, ‘‘Where did you meet this America first versus this America last May. My sources at the border tell me young girl?’’ He said, ‘‘Midway through agenda. that we have had 300,000 individuals Mexico.’’ She was 7, you-all, 7. I am from Pennsylvania. People say, who have gotten away or who have Depending on which nonprofit, non- ‘‘Well, what do you care? You are a been released. partisan groups you listen to, we know long way from the border.’’ And I will I went down to the border, one of the that upwards of 20 to 30 percent of tell you another great Pennsylvanian many trips I have taken to the border women that are on this journey get is now running for governor, Lou because the district I represent is abused. We know the cartels are mak- Barletta. He was just a small-town about 150 miles away. I went down at ing massive amounts of money moving mayor in Pennsylvania coal country, night, and I met with about 50 different human beings for profit. as far away from the border as you migrants who had just come across the We know that fentanyl, the most would have thought, but he realized Rio Grande. This was a group that I dangerous narcotic that is currently just over the course of a couple years just met with, and they are driving out there, or one of the most, we have his tax base stayed the same, Chip, back down the road. I actually followed now had more in 2021 in this calendar stayed exactly the same, but his popu- them in my truck with the headlights year in 41⁄2 months than in all of 2020. lation in his little town doubled. And on, so they weren’t just walking in the Fentanyl. Our kids are dying. There is the crime in his town doubled. He could middle of the darkness to go get over an opioid epidemic. no longer afford the police budget. to where the processing center is. What does this administration do? When a gentleman, one of the resi- America first looks like this. Signifi- Hey, I have got a good idea, let’s have dents, confronted a person who was a cant amounts of immigration. Legal processing centers in McAllen, let’s member of the Latin Kings and said, immigration hasn’t dipped below a mil- have all of the Border Patrol go down ‘‘Stop trying to sell drugs to my chil- lion per year in some 20 years. Amer- to McAllen and have to run processing dren,’’ and that man pulled out—the ica’s doors are open, you-all. The idea centers instead of actually policing our gentleman, not the gentleman, the car- that people want to say ‘‘Close our borders between the ports of entry and tel member, illegal foreign national, il- doors,’’ that is not the case. But you trying to stop the flow of fentanyl and legal alien pulled out his gun and shot want to have operational control of dangerous narcotics into our country. that man right in the head right there your border. There is a consequence to not doing in the street. I am going to talk about Israel in a your job. This administration is not And that started this movement that minute. Israel put fences in place be- doing its job. This administration, illegal immigration—it shouldn’t even cause they wanted to control their bor- worse than not doing its job, it is pur- be called that. Immigration is legal. It ders. You know what? They worked. Of posely harming our country in the is not illegal. It is not immigration. course they worked. false name of compassion. Instead of This illegal crossing into our country, We have fences in place in southern having secure borders, instead of allow- it is cultural piracy. It is piracy of our California. Illegal immigration in the ing people to come to our country le- country, of our economy, of our safety. 1990s, which was astronomical, over gally, safely, we endanger immigrants A lot of attention was drawn in the half a million, dropped to 40- or 50,000. and say that that is somehow being little town of Hazleton, Pennsylvania, Why? Fences work. In Brownsville- compassionate. because of Mayor Lou. He said, ‘‘I am McAllen, there is fences and there is How is that compassionate? How is it not going to stand for it, and I don’t infrastructure around Brownsville. compassionate when the Gulf Cartel, agree with the Federal Government’s There isn’t in McAllen. Guess where the Reynosa faction of the Gulf Cartel policies, and we are going to fight right the traffic goes? McAllen. is making millions of dollars moving here in our State and end this cra- This is not rocket science. When you human beings for profit? How is it com- ziness.’’ Then, of course, they took him are putting America first, you put in passionate when the Cartel del Noreste to court. The United States Govern- infrastructure. Border Patrol wants it, of Los Zetas in Nuevo Laredo is mak- ment fought their own citizen to put they have asked for it. It works. Yes, ing millions of dollars moving human American citizens last and these other some people go around, yes, some peo- beings for profit? folks first. ple try to go over, but if you have ever When the district attorney in Ken- Representative ROY, I just came back spent a minute at our southern bor- dall County, Nicole Bishop, a county I from the border. You live close to it. I der—side note I would offer to the Vice represent, and I visited, and she talked go from Pennsylvania down to the bor- President of the United States, that about the nine illegal immigrants der. Some things that you know are should she actually wish to do her job found in an automobile being driven by true, but you have got to see them with in supposedly running this whole bor- an American citizen employee of that your own eyes. Maybe people don’t re- der security task force, come on down Cartel del Noreste. It had nine illegal alize. They think, Well, this is all poor, to Texas. So far she hasn’t. In the 2 immigrants in there, two tied up in the downtrodden, fearful people coming months that she has been allegedly in trunk, and they were being taken to a from Mexico or Central America. Two- charge, our Madam Vice President stash house in Houston, Texas, to be thirds of the people that we saw com- could come see that instead of secu- put into the human trafficking and sex ing across the border at that time, two- rity, we have utter chaos. trafficking trade. thirds were coming from other than Here is the thing. These are human America first is about jobs, economic Central America and Mexico. beings. These are not political pawns. growth, a strong border, standing with I have got a news flash for everybody. These are human beings, seeking a bet- our friends in Israel, affordable com- You can’t come to Mexico with a one- ter life. I don’t begrudge any one of modities like gas. America last is a way plane ticket. You have got to get these immigrants who are seeking to wide open border in which Americans your way in and you have to have a come to our country. God bless them. I are endangered, ranches are overrun, plane ticket to leave. So these people, would try to help any one of them that cartels are empowered, immigrants are they are flying into Cancun, they are were coming across to figure out where abused, prices go up, commodity prices walking up to the border, and they are they needed to go. They are human go up, businesses can’t hire people, and discarding their go-home ticket be- beings, all of God’s creatures, but they we abandon Israel. cause if the Border Patrol catches shouldn’t be endangered because we are America first versus America last. I them with that ticket, they can return sending up false signals that it is a have got more to say about this, which them to that country. So they leave it good idea for people like the 7-year-old will surprise no one. But my friend right there at the border. These people girl that I talked to on the border who from Pennsylvania is here, and I would are flying to Mexico to walk across our was all by herself coming from Guate- certainly love to turn the floor over to border. Two-thirds of them.

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.111 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2527 So the last people I saw before I left our friends in Israel, and making our If you compare where we were with that trip, Chip, the Border Patrol was country safer, by the way, in the proc- respect to energy a couple of years detaining and processing, so to speak, ess in holding the line against Iran and ago—and I know that my friend has a Russian, Azerbaijan, and Cuban. All of our enemies, and now we have got heart for energy; obviously, it is very them flew into Mexico to cross our bor- Israel under attack and an administra- important to his State as it is to mine der. tion saddling up with our stated in Texas—that under the Trump ad- And the other thing we found on the enemy, Iran? ministration for the first time in near- other side of the wall because, as you Does the gentleman agree that all of ly 70 years, the United States became a talk about, and I know you have, the these are stark contrasts? net energy exporter, right? breaks in the wall where construction Mr. PERRY. I do agree. By the way, Mr. PERRY. Right. was stopped by the Biden administra- while I was at the border, individuals Mr. ROY. Making us freer, stronger, tion, so you can walk right around the from Iran illegally entered the coun- with more abundant, more affordable other side, not only all the little shoes, try. In 4 to 5 months in this country energy, we became the number one pro- the little shoes of little kids that they under this administration, we have ducer of oil and natural gas in the leave right there, it is heartbreaking gone back four to five decades in infla- world, ahead of Russia and Saudi Ara- when you see those. I have got chil- tion, gas lines, illegal immigration, bia. dren, you have children, those little and wide open border. Natural gas production reached a shoes. That is an indicator of all those I mean, everything is turned on its record high of 34.9 quads in 2019 fol- kids that walked the whole way up to head. Everything that was good about lowing record production in 2018 and the border. America 5 months ago is now turning 2017. The average American family But you know what else is heart- the other direction just because of saved $2,500 a year in lower electric breaking? The packages of Plan B left these policy changes. These are bills. Now, what do we have? A shutdown on the other side of the wall. You know changes made in this House of Rep- Keystone pipeline, and an administra- what that is for, right? Because all resentatives. These are made right at tion saying we can’t frack in Western these little girls and these ladies were the top by the President unilaterally abused coming up to our border by the lands. destroying the opportunity for Ameri- We rejoined the Paris climate agree- cartels. cans, importing unskilled, unprepared When I got there, of course we ment to have the United States foot labor. One of the places that we visited, watched people coming across the bor- the bill, billions to the United Nations Chip, was a food bank right on the border, and the cartel members are stand- climate fund. der. ing right on the other side, waving to We have suspended the leases on Fed- us, giving us the old one-finger salute, b 1930 eral lands. As I said, a complete Fed- eral land ban would increase foreign making a joke of all of us in this coun- The Biden administration will say dependence by 2 million barrels a day. try and the people they just trafficked these foreign nationals, these illegal Gas prices are at a 7-year high. I could into this country. aliens, don’t avail themselves to the Mr. ROY. Is the gentleman aware go on and on. public largesse, that they don’t get Does the gentleman agree that there that the Vice President was tapped by money from the American taxpayer. the President to take charge of this are consequences to an agenda like the Meanwhile, they wanted to get rid of previous administration’s that puts the crisis? the public charge requirement. If they Mr. PERRY. I am aware of that. Of country first versus an administration didn’t care about it, why was it such a course, when I was there, at the time I that is perfectly fine putting the coun- big deal? try last in order to go achieve some think it was 44 days since the Vice Also, your tax dollars go to the food President was tapped to take charge of sort of, I don’t know, fealty to the Eu- bank. They don’t necessarily go to the ropean social welfare state and make the border. illegal foreign national. They go to the Mr. ROY. To your knowledge, has the yourself seem, I don’t know, welcomed food bank, and then the food bank Vice President visited the southern in Davos? gives the food to the illegal foreign na- border of the United States in the now Mr. PERRY. It does make you won- tionals. almost 2 months that she has been al- der, the good gentleman from Texas, They are taking away opportunity. legedly in charge? who these folks that get elected to of- Mr. PERRY. Not unless it was a se- They are taking away the labor that fice represent. Do they represent their cret mission. Americans need for their first jobs. constituents, American citizens, or Mr. ROY. When you think about the When your child gets out of high somebody else? various things it is impacting—you school, looking for their first job— You talked about closing the Key- represent constituents in Pennsyl- when I was 13 and got my first job, I stone pipeline. Now, what does that do? vania, and I in Texas—you talked didn’t have any skills. Do you know Does everybody think that we don’t get about the reach of illegal immigration, what I could do? I could show up on any oil anymore? No. We just pay more narcotics, cartels, and gangs into time with a good attitude. That is for it, right? Pennsylvania. what I could do. We put it on trucks. We put it on Does the gentleman agree, when we Well, if somebody is willing to work trains instead of through a pipeline. had the previous administration put- for half price and show up on time with Somehow, that makes us feel good. ting America first, does the gentleman a good attitude, guess what? This That costs us all a lot more money, agree that our economic situation and American citizen doesn’t get a job. and if you are not making much job situation and price of goods and That is what is happening in the last 4 money—first of all, I remember the services situation was far better and to 5 months. days when I couldn’t fill up my gas that small businesses were thriving Mr. ROY. I will be mindful of your tank. You would get five bucks, and versus today when small businesses time whenever you have to go on, but you would make that last all week. can’t hire anybody? would you agree that if you go back Those were the same days when me and Does the gentleman agree that com- and say, all right, let’s go look at how my boss—since I was underage, my modities—gasoline, wood, housing sup- the America First agenda was per- boss pumped gas with a firearm on his plies—were cheaper and more afford- forming a couple of years ago, that the hip because there were even and odd able, and today they are now sky- unemployment rate in April 2018 was days. You could only get gas, based on rocketing through the roof after $6 tril- 3.6 percent, that today the unemploy- your license plate, on an even or odd lion of spending? ment rate is 6.1 percent, that the pov- day because there wasn’t enough, and Does the gentleman agree that the erty rate in 2019 was 101⁄2 percent, that prices were going through the roof border was becoming secure under an the poverty rate today is 13.7 percent then. And we are back into it now. America First agenda, and now it is projected, that the Consumer Price At the same time, like I said, you wide open and being abused? Index in April 2019 was 2 percent, that wonder whose constituency is this. Is Does the gentleman agree that we today the Consumer Price Index is at this America first or somebody else had historic Middle East peace with 4.2 percent and skyrocketing. first?

VerDate Sep 11 2014 07:11 May 19, 2021 Jkt 019060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.112 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2528 CONGRESSIONAL RECORD — HOUSE May 18, 2021 They closed the Keystone pipeline, els, what they call rare-earth minerals, So, we have to get real about what and then we talk about relieving sanc- that is another fallacy. They are not this is. I think the pipeline shutdown tions for Nord Stream 2. That is the rare. They are only rare in the United that you just saw on the East Coast Russian pipeline. Oh, well, I am glad States because we are not allowed to here is indicative of how important and we are happy to support Russia getting get them because we have laws that how tied to energy the vitality of this all the gas to where they want to get, preclude us from going to get them economy is and this America First to their market, but apparently, Amer- that makes them cost-ineffective, so agenda is. Tinkering with it even just ica is not allowed to do that. we have to import them from China or the slightest bit has drastic con- Whether it is inflation—oh, by the other places. sequences. way, you don’t see that happening ei- China does well. This is a China first My good friend, the gentleman from ther, as if it were true. There is noth- policy, not an America First policy. Texas, endured it. All of Texas endured ing happening at the border, and infla- This is coming from this administra- it this past winter. Their power got tion is not occurring. Go buy a 2 by 4 tion and other administrations or aco- shut off, and the backup power for right now. lytes to those policies. them, for their wind and solar grid, was Mr. ROY. Yes, a piece of plywood. Mr. ROY. I saw a photograph today natural gas pumps. Unfortunately, Mr. PERRY. Go by a sheet of ply- that had a person who was driving a they are electric-powered, and the rea- wood, right? Exactly. Tesla. And God bless Tesla for making son they chose electricity to power You are paying $100 for a three-quar- technology. I am all for it. But the per- their backup pumps is to come below ter-inch sheet of plywood, and you are son in their virtue-signaling, self-con- the emissions standards. Well, guess paying eight bucks for a 2 by 4, which gratulation of driving their Tesla is what? When your electricity is off be- 5 months ago was two bucks. That is driving around with a license plate cause the Sun is not shining and the inflation. that says: ‘‘NO FUEL,’’ right? Does wind is not blowing and everything is They can tell us all they want to that somebody want to go, ‘‘Wait. Hold on,’’ frozen up, the electric pump doesn’t this agenda that they have works for knock on the door and say: ‘‘Excuse work either. America. We are Americans. It is not me, where do you think the power is This is insanity. We are choosing working for us. coming from?’’ Is it magic power? this. We are doing this by design. Mr. ROY. I was just explaining, be- ‘‘Well, we just get power from elec- Mr. ROY. Is the gentleman aware fore the gentleman arrived, that my tricity,’’ as if the electricity comes that human life expectancy, if you parents are in the midst of building a from nothing, as if the Tesla is just track it on a chart, is almost directly house. They are beginning to wonder magically powered and suddenly just correlated to the availability of abun- now whether or not they are going to drives around without having abundant dant energy and that we have seen the be able to afford it by the end of the availability of energy. lifesaving advances that cause human build because of the price of lumber, Is the gentleman aware and would he flourishing, the ability to save people’s because of the price of concrete that is agree with me that China has about 70 lives, the advancement of modern tech- going up, because you have to have percent of the world’s rare-earth re- nology for medicine, to be able to forms for the concrete and you have to serves, and that when we are going spread that around the world? There are still 3 billion people in the have labor. down the road of solar panels and other world right now who are not living Now, we are having a shortage of alternative forms of energy—and, with abundant energy, and what do we labor because we are paying people again, Texas embraced wind power; want to do as the greatest country in more to not work than to work, in the Texas embraced solar power. We can the history of the world? We want to infinite wisdom of my colleagues on have these as part of our grid, but then what happens on a windless, cloudy slam the brakes on this great economy the other side of aisle who believe you day? You have China being empowered. with this magic unicorn dust of a view can throw $6 trillion into the economy One more question for the gen- toward how we are going to have our and not have consequences. tleman: Is the gentleman aware that energy policy while we throttle us Is the gentleman aware that it only we just saw a report that China is pro- back, empower China, allow China to took us $4.1 trillion in today’s dollars ducing more of the emissions and CO be able to continue to pollute what to win all of World War II from begin- 2 than the rest of the world combined? they want to in the atmosphere. Mean- ning to end? Yet, my colleagues on the My colleagues on the other side of the while, human beings suffer. other side of the aisle felt like it would aisle want us to join the Paris Agree- Mr. PERRY. It is not only just allow- be a good idea to dump $6 trillion into ment, which we were outperforming ing China to pollute at an unprece- the economy and believe that it without being a part of it. They want dented level. Maybe for people who wouldn’t have the consequence of infla- us to bow down to the altar of the Chi- don’t like colonialism and think that tion, that it wouldn’t have the con- nese and say: ‘‘Oh, please let us be a America throws its weight around too sequence of paying people more not to part of this whole exercise,’’ while much, maybe that is China’s business, work than to work, and destroy jobs, China is pumping out more actual pol- trying to lift their impoverished people destroy livelihoods, destroy small busi- lutants and more CO2 than anybody out of poverty and give them power. As nesses. else in the world. you said, not just hundreds of lives, not Now, we see the America First en- Mr. PERRY. I am aware, and I thank just hundreds of thousands of lives, but ergy policy under the previous admin- the gentleman from Texas for bringing literally millions of lives will be saved istration where we had abundant oil, it up. with power. abundant energy, and now an America We keep hearing about getting to But what is the insult upon the in- last where you have lines. I mean, who net-zero, net-zero carbon. What is fas- jury is the Paris climate accord, where is President? Is it Jimmy Carter or Joe cinating is, people don’t realize that we we actually pay China, which takes Biden? could do that. If we actually did that, your tax dollars to take your energy Mr. PERRY. It is Jimmy Carter, too, China would eclipse everything that we away and pay them so that they can right? It is not only the third term of just did by going from our current pollute even more while you can’t live Obama, but it is the second term of economy to net zero in a few weeks’ in the First World, in the 21st century. Jimmy Carter. time, literally a few weeks’ time. So, That is the insult upon injury here. We lived through that energy crisis, we do all that, take ourselves back to Mr. ROY. I heard the gentleman, who and we were told then that we were essentially the seventh century, and I should thank for his military service, running out of fuel. But that was yet China would eclipse it in just a few his long career in serving in our Armed another lie, and, of course, now we weeks’ time. Forces. I appreciate your service. I don’t have any jobs, right? First of all, there are not enough know the gentleman is concerned a lot Meanwhile, we closed down the Key- critical minerals. There are not enough about national security, as well. stone pipeline. How many jobs was mines on the planet to transfer this en- With respect to pipelines, you alluded that? And we are told that you can go ergy economy into a solely wind- and to the Nord Stream 2 pipeline. I believe make solar panels. It is not America solar-powered economy. There is just today we learned that the administra- First; it is China first. Those solar pan- not. tion was backing away from sanctions,

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.114 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2529 which is perfectly fine, having the Nord toric peace deals with Arab nations, northern Israel. By the way, the popu- Stream 2 pipeline funneling all sorts of working and interacting with Israel, lated area in that northern part of fossil fuels to Germany, but forsaking with direct flights from Arab nations Israel is about the size of a portion of our friends in Ukraine, by the way, in to Israel occurring. The Abraham Ac- the district I represent in that stretch doing so. cords, we had significant peace in the between San Antonio and Austin. You get a twofer out of this adminis- Middle East, yet what do we have I took a helicopter tour going up to tration: undermine our national secu- today? In a few short months under the Jordan, up the north side of Israel, rity while harming our friends in wisdom of the current administration, back down to Tel Aviv and back down Ukraine who are trying to push back we have massive attacks on our friends to Jerusalem in a few hours. against Putin. But, oh, by the way, you in Israel. Can you imagine? That is the size of Israel. are advancing a pipeline over there b 1945 while you refuse to have pipelines in And they have 150,000 rockets in Leb- the United States of America. We have massive loss of life. And God anon pointing from the north, and they Mr. PERRY. Yes. The gentleman bless the previous relationships with have got Gaza over here firing all these probably knows this, but Pennsylvania, our country and Israel to produce the missiles coming in from Gaza. Hamas of course, a great energy State, has technology that Iron Dome offers to launching them in at Israel, and they been for a long time—Titusville, you the people of Israel so that they are are actually benefiting from the tech- know the Drake Well and so on and so not getting slaughtered by the rockets nology we are providing. And now you forth, it goes back a long time for us. that are coming from Hamas, being have got Democrats saying they want We can’t get our natural gas to market supported, by the way, by the policies to pull that away. in New England because we can’t get a of this administration, in empowering Now, the good news is I also saw a pipeline through. They won’t allow it. Hamas to be taking shots at our story today with a couple of them So, where does New England get its friends in Israel, where our friends in starting to walk that back, because natural gas in the wintertime when Israel are under attack. hopefully they are starting to feel the times are tough? They buy it from Rus- Thank the good Lord above that we pressure the American people want us sia. Talk about a national security have Iron Dome and the ability to pro- to stand with Israel. The American issue. Again, more insult to injury. tect our friends in Israel and work with people want us to stand with our allies None of this is based on an America them so that we also have strong mis- who stand with us, and that is what First agenda. It is almost like every- sile defense technology. Israel has done. body else other than America is first. Would the gentleman agree that that And I would tell the gentleman, I am These are political leaders and policy- is the current state of affairs? sure he has experienced what I experi- makers elected by their American con- Mr. PERRY. This is one of the sad- enced when I was at the Sea of Galilee. stituency. You would think that they dest things we have seen in the few And I was on the floor the other night would want to support that constitu- short months of this administration. with BRIAN MAST, your fellow veteran, ency first, do what is best for them, The change of the Abraham Accords who lost his legs in service to our coun- ease their concerns when they have to and the lowering of tensions in the try. He also served 2 years in the Israel make the bills, pay the mortgage or Middle East between these nations and Defense Forces. Well, Brian and I were the gas bill, or pay for their child’s the resolve to be peaceful. The great both sharing the story about when we education. And the prices just keep track that we were on in just a few were sitting on a pier in the Sea of Gal- going up because of decisions that are short months, it goes from that picture ilee, and the Israelis, who were on that made based on politics, not based on ef- to the picture with the rockets being pier, stood up and looked at us and ficacy and what is good for people in sent to Israel. Of course, being deliv- they all sang ‘‘God Bless America.’’ America. ered—the explosives being delivered by And they all stood up and thanked us Mr. ROY. I know the gentleman prob- the technology produced in Iran, by the one by one for what we do in defense of ably has things he needs to do, but be- avowed enemy of Israel, Hamas, who Israel and our partnership with them. fore he leaves, I wanted to address one seeks not to find some resolution, but And this administration is walking other issue on national security be- seeks death. away from that. This administration is cause I know he has a passion for this, It is in their charter. So if you don’t hugging Iran. This administration as well. like what I am saying, I am just a mes- wants to cut deals with Iran, provide We have talked about the impact on senger. It is in their charter that their resources to Hamas in the Gaza Strip, our economy of America First versus job is to kill every single Jew. That is which undermines Israel and under- America last. We talked about the im- what they seek to do, in just a few mines our national security. And the pact on the border of America First short months. Everyone knew and ev- American people, when they know this, versus America last. We talked about eryone knows every administration they don’t want it. the impact on energy and availability will be tested by these foreign adver- Mr. PERRY. I will close with this, as of energy of America First versus saries, and this one is being tested I am sure the gentleman has much America last. right now. And, of course, in my opin- more he would like to talk about, and Now, let’s talk a little bit about the ion, and obviously from the photo- I have kind of interrupted him here a impact on the stability in the world on graphs, they are failing this test. little bit. Middle East peace, on our national se- Is the gentleman aware that there is Mr. ROY. It has been great. curity and the national security of our a proposal potentially coming to stop Mr. PERRY. But I’ve so appreciated friends and allies, and, in particular, the sale of armament to Israel to his work. our friends in Israel. rearm their missile defense system? Our relationship with Israel is much I know the gentleman, like I, has Mr. ROY. I saw the same stories that closer than just friendship. We depend traveled to Israel. I have been there a my friend from Pennsylvania saw on one another in so many ways that couple of times. I am sure the gen- about some of our democratic col- are unseen and unknown. And just one tleman has been there a few times. In leagues, I think here in the House and thing that had crossed my mind on my experience in Israel, it is an ex- in the Senate, who were starting to say many occasions—when you fly the traordinary place with extraordinary that we needed to back off of that and most lethal attack helicopter in the people with a pluralistic culture, a not provide the hellfire missiles or any world, the AH–64 Apache—— multifaith culture. But it is a bur- of the resources that we worked in col- Mr. ROY. You know something about geoning democracy, a strong economy, laboration with our friends in Israel in that? and it is probably our strongest ally in order to make sure they are protected, Mr. PERRY. You have a helmet sys- the world—if not in the world, cer- and particularly in the use of the Iron tem that is linked to the camera sys- tainly in the Middle East. The previous Dome. Literally protecting millions of tem, linked to the gun, that the place- administration was doing what for dec- people, by the way. ment of your head is followed by those ades previous administrations had said There is 150,000 rockets sitting in cameras so you can fly the aircraft, is was impossible and was striking his- Lebanon, sitting and pointing right at followed by that weapon system so

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.116 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2530 CONGRESSIONAL RECORD — HOUSE May 18, 2021 that you can defend yourself at a mo- 3,300 rockets have been launched by Iron Dome has intercepted 90 percent ment’s notice at all times. Hamas in the last 8 days. of the rockets. Hamas is trying to over- And that following that is done with Can you imagine what the American whelm the defense system and destroy that helmet—which is very expensive— people will be saying and doing if I was Israel. is made by our friends in Israel, be- sitting in San Antonio or Austin and Madam Speaker, 70 percent of Israel cause we are together. 3,300 rockets were coming at us from civilians have run into a bomb shelter Now, what breaks my heart, among Nuevo Laredo, from across the border this week. Parents and children were other things, is that there are people in Mexico? being woken up in the middle the night right in this body—I mean, I hate to Would we just be sitting back and by sirens alerting them that they have say it—they might as well be called the saying, well, I mean, I wonder what 90 seconds to get inside a bomb shelter. Hamas Caucus. kind of proportionate response should We had Esther Schlesinger huddled And I shudder to say that, especially look like? with her 1-year-old son on Tuesday. in terms of what I just said Hamas Or would you just be responding back When speaking about the event, Esther stands for: The death of every single with overwhelming force to say under said: I didn’t have time to grab any- Jew in Israel. That is what they stand no circumstances do you shoot one thing. I didn’t have time to grab my for, by their own accord, by their own rocket into our country, much less phone. We just ran into the shelter and account. That we would have people in 3,300? kept hearing explosion after explosion. this body say that Israel is an apart- Mr. PERRY. That is the fundamental I feel terrible for these parents who heid government and we should be sup- duty of those who take the oath of the have to try and explain what is going porting Hamas and what is happening, Constitution: Defense. Defense of your on. I literally was holding my son in what they are doing sending these mu- Nation. Defense of this liberty. the bomb shelter, and I am thinking I nitions over. It is an insult. And it can’t be defended if it is under am grateful he isn’t old enough to un- Arabs in Israel are the freest Arabs attack from a foreign nation. So, abso- derstand why I had to quickly grab in that part of the world. They serve in lutely, Israel has the right to defend him. Despite all this, I don’t doubt my government. They have their own po- itself and to respond to attacks. decision to live here. Even in these litical parties. They have their own Again, it is abhorrent and completely crazy times. It is so important for me free speech in Israel. It is an insult. insulting to refer to it as they do, and to be here as a Jew. Mr. ROY. Is the gentleman aware to take the side of the aggressor in this Madam Speaker, we are seeing the that a few of our colleagues actually regard and say that, well, the response result of a failed policy of this adminis- were lamenting that Iron Dome was is disproportionate. tration. When you think about it, preventing casualties in Israel because, What is the proportionate response President Trump called Prime Minister for some reason, that might be seen as when your innocent family is killed Netanyahu 2 days after his inaugura- disproportionate with respect to what- under the barrage of an unwarranted tion. The current President took over a ever damage and casualties might be unprovoked missile attack from across month to call the Prime Minister of occurring in Gaza? the closed border? What is the appro- Israel—arguably, our closest ally in the And it seemed to me that the simple priate response? world, certainly our closest ally in the answer—I mean, just color me crazy If it were your family, I guarantee Middle East. here, my friend from Pennsylvania— you, I would want a very robust re- When asked, President Biden’s sec- might be stop firing rockets from Gaza, sponse to stop,—to stop the missiles retary couldn’t even say whether Israel stop firing rockets at Israel. coming in. remains, ‘‘important ally of the United Would the gentleman also agree that Mr. ROY. The gentleman is welcome States.’’ our friends in Israel, the Israelis, call to stay as long as he wants, but I think The Biden administration has ahead, give them notice, tell them the he has other places to go. But I would emboldened Iran, the number one state missiles are coming in? just say that I appreciate the gen- sponsor of terrorism, dedicated to the They say, ‘‘vacate the block because tleman joining me. destruction of Israel in the United in 15 minutes that building is going to I know he agrees with me that an States, by restarting negotiations on be gone.’’ ‘‘America first’’ agenda that is pro- the failed 2015 Iran nuclear deal. They And then we heard our colleagues on jobs, pro-affordable prices, pro-border rewarded the PA by restoring millions the other side of the aisle lamenting security, pro-Israel, pro-national secu- of dollars in funding to the West Bank that somehow AP or Al Jazeera were in rity, pro-abundant energy is much bet- in Gaza; undermined Israel and inter- a building that was taken out. ter than an ‘‘America last’’ agenda in national organizations by restoring Yet there is ample evidence that they which we abandon our own allies, aban- $150 million in funding to the UNRWA knew full well that Hamas was oper- don our own national security, have and rejoining the Israel-hating United ating in that building. They knew it, wide open borders, have skyrocketing Nations Human Rights Council without yet they were doing it anyway and prices, inflation going through the much-needed reforms. they didn’t care. roof, and joblessness because people It is one hit after another, one punch Mr. PERRY. Is the gentleman from can’t find jobs, because people are get- to the gut after another to our friends Texas aware that Hamas routinely lo- ting paid more not to work than to in Israel, while we are funding Hamas cates their firing batteries, their muni- work. and their ability to fire rockets at our tion stocks in schools, in populated Mr. PERRY. The gentleman from friends in Israel. This is a pattern. areas with civilians, and fire from Pennsylvania does completely agree, I will just tell my friends on the those locations for multiple purposes, and I thank the gentleman from Texas. other side of the aisle, to ask yourself propaganda purposes? Mr. ROY. Madam Speaker, I thank a question for the American people who That is the depth of depravity where the gentleman from Pennsylvania. are watching all of this: Do you want they would use small children as props, Madam Speaker, I would close a lit- America to be first? Or do you want even to have them killed in a response tle bit here out on Israel by saying just America to be last? as Israel defends itself. This is all a re- a few things I didn’t get into in terms Because the current administration, sponse to an attack. of the details, because these matters. the current policies of this body, the Mr. ROY. Does the gentleman agree These details matter. current policies of the Senate are tak- that Israel not only has a right to de- I said before, in the last 8 days, ing us down a road which we had long fend itself—and I was thankful to hear Hamas has launched more than 3,300 since left behind in the days of the Car- the President at least utter those rockets at our friends in Israel. Think ter era, in the late 1970s, when you had words, that they have a right to defend about that. We have had 10 people in long lines at the gas pump, sky- themselves. Israel been killed—both Jews and rocketing gas prices, inability to get Does he not agree with me that they Arabs. jobs, stagflation, inflationary pres- have a duty, a responsibility to defend I read a story of a young Indian sures. themselves in the same way that we woman, who was visiting Israel, who Most people today don’t really re- would if 1,500—well, actually, up to also lost her life. member. I remember when my parents

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.117 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2531 got their mortgage rate down from 14 the status of the border of the United ple have had it. The American people percent, 12 percent, 10 percent—man, States, and how it is endangering want sanity, they don’t want us talk- when they got to single digits. Today, American citizens, endangering ranching about tweets and talking about all those rates have been hovering around ers, endangering border patrol, endan- the drama in this town and what posi- 3 percent. gering law enforcement officers, endan- tions people have or don’t have. They People don’t understand what they gering Texans, allowing fentanyl and just want us to lead. They just want us are facing, and they are going to see it dangerous narcotics to flow into our to come into this body and not be here, soon, as they are seeing these prices communities, empowering the sex traf- like I am right now, by myself, with all skyrocket and they can’t afford houses ficking trade and the human traf- due respect to the Madam Speaker, but and they can’t afford gas and they ficking trade, and empowering cartels by myself addressing an empty Cham- can’t afford basic commodities and to be able to carry out their heinous ber. goods and services, and they can’t hire activities. This is what debate has been reduced people, and their small businesses are They just uncovered a burial pit just to, and I have talked about that before, going out of business because of the across the Rio Grande, where these but I will keep talking about it. This is policies of this administration. dangerous cartels bury people that what debate has been reduced to. I America first. People have jobs, busi- they murder. Stories of people being chastised the majority leader earlier nesses thrive, gas is affordable, housing locked into bars, chained doors, and today because we were talking about a is affordable, our border is becoming the building lit on fire, people being bill that was labeled a hate crimes pre- secure. A border, by the way, that still hung from bridges, people being burned vention bill that came over from the allowed people to legally migrate to alive. This is all happening literally Senate, and the majority leader said: our country, but to do so in a much across the Rio Grande, and we are em- Well, if you are for this bill, you are safer way; without empowering cartels powering it. We are empowering it with against hate; if you are against this to be able to move human beings for an America-last agenda where cartels bill, you are for hate. And that is how profit, put them into the sex traf- are empowered, our borders are run by that is going to be seen. ficking trade, the human trafficking cartels, human beings are mistreated And I told the majority leader, I said, trade, make millions of dollars in the in the name of compassion. that is the problem. I mean, do you process. The American people are tired of all really believe that is true? That if I America first is putting our friends of the swamp drama. That is all we get have a different view about how in Israel first and standing alongside here is swamp trauma, every single divvying us up by race is a bad idea and them for their interest, yes, but also day. We have more conversations about how categorizing us in categories of for our national security interest. splitting us up by race. We have more race, and then creating thought conversations about January 6 com- crimes, and having government going b 2000 missions. We have more conversations around and policing our thoughts and One or two more thoughts on the bor- about masks or not masks. Meanwhile, go tracking us down, based on what we der because it has hit so close to home the American people are hurting. say or do, as opposed to: Hey, you com- in the State of Texas, which I rep- The American people can’t hire peo- mitted a crime. But if I vote against resent. ple. The American people are dealing the bill, oh, I am for hate. That is what Now, I have taken multiple trips to with wide open borders. The America we have reduced this body to. the border, and I have spoken about it people can’t afford goods and services. And, again, I get it, these are polit- many times on this floor and else- The American people can’t have their ical slogans to my left and right, right? where. But it is not just some esoteric kids in schools without worrying about There is a purpose to this. There is a concept that doesn’t impact our whole what is happening to their kids. All of purpose to me putting this up, and say- country, but it certainly impacts Texas the videos we are now seeing pop up ing, American first versus America very directly. with children testifying at school last. Okay. I would love it if we could I said we had 178,000 migrants appre- board hearings, saying, I have been sit here in this Chamber, and say, you hended in April, we are now over 600,000 spending a year wearing a mask, and I know what, maybe spending $6 trillion for the calendar year, 300,000 that have have been being yelled at, and I have is a bad idea. been released or got-aways that have been beat up because I am being told, Why don’t we rewind some of those gotten into our country. Those are real you know, I got to wear a mask, and dollars and see if we can tone down numbers, they are published numbers. shut my ability to see people. I want to that inflation? Why don’t we tighten Some of them are—the got-away num- see people’s faces. What are we doing to our belt a little bit. Why don’t we get bers are numbers you get when you our children? We are decimating a gen- the dollars flowing in for unemploy- talk to people who know what is going eration of Americans. ment that is crippling the ability of on who work in DHS or work down at The American people are tired of businesses to hire people? Why don’t the border. this. We spent $6 trillion in the last we pull that back a little bit? Why April’s CBP’s numbers show more year, you can’t really make it up. What don’t we just sit down at a table, roll fentanyl seized in the first 5 months in are we doing? I mean, with all due re- our sleeves up, and figure out how to 2021 than in all of 2020. Fentanyl is a spect to the Speaker, Speaker PELOSI, make it work? dangerous narcotic. Do we not care? I and the majority leader, and my col- Why don’t we say, Hey, wide open mean, it is a legitimate question. Do leagues on the other side of the aisle, borders being run by cartels is a bad my colleagues on the other side of the What are we doing? We are destroying idea. Let’s figure out how to secure the aisle, do they literally not care? I have the American economy. We are killing borders. We are a sovereign Nation, never once heard one of my colleagues small businesses. We are destroying that is not a crazy thought. Why don’t on the other side of the aisle address our own dollar, our own economy. We we say, Hey, what are we getting out of this issue, not once. are driving up the prices of goods and our relationship with Israel and peace I put something out on social media services. We are preventing people in the Middle East, and standing side the other day telling the Vice Presi- from being able to hire people. We are by side, and the strength that that dent that I would be happy to meet her scaring the heck out of our children. makes for our country and for them. anywhere, anytime, to debate the issue We are allowing our schools to shut Madam Speaker, I am nearing the of border security. She is allegedly in them down and not teach them. We are end of my time, and I have a colleague charge of it. Well, Madam Vice Presi- siding with our enemies in Iran instead over here that I believe is going to dent, I am here on the floor of the of our friends in Israel. We are allowing have a few thoughts to share, and so I United States House of Representa- wide open borders to endanger our peo- will wind down here in the next couple tives, Article I in the Constitution; you ple with fentanyl. We are empowering of minutes. I will alert my friend. are now serving in Article II as the cartels. But I would just say, you know—first Vice President, with a foot over in the How on Earth is the people’s House of all, let me just say, I appreciate the Article I Senate as President. I am allowing this to happen to the United staff who are down here and keep this happy to debate anytime, anywhere, States of America? The American peo- place running, and you have to sit

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.119 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2532 CONGRESSIONAL RECORD — HOUSE May 18, 2021 here, and the stenographer is writing ised in the basin for the project. These After nearly 50 years of construction, everything down that we are saying are already big cuts to what the origi- the final piece of the project was com- and, you know, the clerks that keep ev- nal project intent was, with 390,000 acre pleted in 1964 with the Iron Gate Dam erything going. You are here because feet, and the amount that these folks along the Klamath River, one of four we are here, and I appreciate it. As a have endured in cuts in recent years. dams that are providing hydroelectric former staffer myself, we very much So when they made that initial power and are currently in peril, too, appreciate you all being here. March allocation, the Bureau followed due to a fish passage issue. It is an honor to serve in this body, up in April, cutting that figure another In total, the project allows for nearly but it is an honor because of what we 70 percent. Remember, 390,000 acre feet 600,000 acre-feet of water to be stored. need to achieve, not what we are doing. cut to 130,000. In April, they cut, addi- So the Bureau of Reclamation has It is an honor to serve in the House of tionally, 70 percent more down to 33,000 been making an incorrect claim for Representatives because of where this acre feet. So that is 8 percent of the quite a while to the Klamath project country can go, where it needs to go on water the irrigators would have been water. They have been involved, of behalf of its citizenry, not because of promised initially. course, since Congress authorized the what we are doing today. Because what Last week, another cut was made, project in 1905. Every year, the farmers we are doing today is undermining the now down to just 3,000 acre feet. An in the basin spend about $30 million to health of this Republic. acre foot, for those scoring at home, is maintain this project, paying the gov- I will just close by saying that one of about 326,000 gallons, or the amount of ernment for that. the things that I have been talking to water it takes to cover 1 acre with a The Bureau has acted and operated my constituents about when I go home foot of water. the project and the head works of the is asking the very simple question: Are At that point, the 3,000-acre delivery, irrigation systems. In 1970 and 1973, we free? Are we actually free? Are we the Bureau has decided, is not worth Congress passed the National Environ- free if we have $30 trillion of debt and the effort to deliver into the district mental Policy Act, known as NEPA, we are undermining our economy? Are into the canals, et cetera. and the Endangered Species Act, both we free if people can’t hire people in So basically what this means, in 2021, well-intended. This legislation effec- their small businesses in order to sur- no water would flow to the Klamath tively requires, according to interpre- vive? Project, this is for the first time since tation, the bureau to prioritize the en- Are we free if we have open borders 1907, the headgates of the A Canal vironment over the well-being and eco- that are being run by cartels? Are we would remain closed. nomic security of humans. That is not free if we are not standing with our al- b 2015 the original intent of Congress. This is lies, but instead, we are standing with what courts have ruled over the years. some of our enemies? Are we free if From June 1907 to May 2021, some amount of water has always flowed So the fish involved in the current China controls much of our supply issues are several species. The Lost chains? Are we free if the unborn never into the Klamath project. From the upper lake here to the A canal. I will River sucker fish and the shortnose get a shot at life? Are we free if our sucker only exist in the Upper Klamath children are being taught that America show you more pictures later, Madam Speaker, on how the A canal works to Lake. From 1984 to 1986, the sucker is evil in the schools? population began a steep decline head- I would argue that we are not as free feed much of the district. ing to their listing as endangered in as we ought to be. We are not as free as This area, of course, is populated by 1988. we need to be. And that we are not as Tribes, descendants of pioneers, fron- The biological opinions which heav- free as is necessary to ensure that our tiersmen, and veterans of World War I ily influence water decisions and allo- kids and grandkids can inherit this and World War II who quite literally cations coming out of the Upper Klam- great birthright of being an American won a lottery to homestead in the foot- ath Lake are the results of Interior at- citizen. I believe we should put Amer- print of Lake Modoc. torneys—longtime career attorneys— ica first. I do not believe that we The water hasn’t always been here in Washington, D.C. So the recent should have America in last place. enough, and a mountain of Madam Speaker, I yield back the bal- unpleasantries have been shared over biological opinions put out in the end ance of my time. the allocation of this resource, but of the Trump administration were partly responsible for setting the f there has always been water at least. So, I would like to start the con- record straight and helping last year to THE DIRE SITUATION IN THE versation on the Klamath going back get a little bit more water to the farm- KLAMATH BASIN to the fundamental water rights. The ers, as we had to rescue that situation The SPEAKER pro tempore. Under first private ditch in the basin was dug in May in order to have their alloca- the Speaker’s announced policy of Jan- in 1868, and the few irrigation projects tion kept at 140,000. uary 4, 2021, the Chair recognizes the that were there at the time were quite So when the Lost River sucker was gentleman from California (Mr. small. In 1882, the first bit of land with- listed, two Klamath scholars actually LAMALFA) for 30 minutes. in the current project was irrigated. noted that no one seems to anticipate Mr. LAMALFA. Madam Speaker, I Authorized by Congress in 1905, it is that the listing of the sucker fish am pleased to stand up here with my the second oldest project in the West. might have serious impacts on the op- friend and colleague, Representative There are several hundred miles of eration of Klamath Project, which the CLIFF BENTZ of Oregon, as we both go main canals, lateral canals, and drain- impacts economically to people are re- over in detail the dire situation cur- age ditches, and 200,000 acres of irri- quired as originally part of the Endan- rently happening in the Klamath Basin gated farmland across 1,400 farms. Ex- gered Species Act. That has all seemed in the area bordering northern Cali- cuse me, 27,000 irrigable land in the to have gone out the window. fornia and southern Oregon here, upper lower Klamath, and to the Lake Na- Coho salmon is the other population Klamath Lake. tional Wildlife Refuge. of fish native to the Klamath basin and So this has been an ongoing problem Today, it is over $200,000 worth of adjacent rivers and rivers all up and over several decades, really. In March value in alfalfa, hay, wheat, and pota- down the West Coast. Salmon popu- of this year, the Bureau of Reclama- toes, including the ones you would get lations have followed a general trend of tion, which oversees the water in the at In-N-Out Burger french fries as well decline that is seen all across the Pa- Klamath Project promised that the as pasture. cific Coast. growers there in the basin would re- In 1917, the rock sill between Upper With all these populations, they are ceive 130,000 acre feet of water. This on Klamath Lake and the Link River was not just in the Klamath River, so year the heels of 2020 with a similar situa- lowered allowing more flows to agri- after year, extra water flows down the tion where the Bureau promised water culture areas and downstream basins. Klamath River have been used to deal to the growers in the amount of 140,000 In 1921, the Link River Dam was com- with what is known as the C. shasta acre feet. pleted allowing water to be retained virus. Now, this is of a total of a true water during spring peaks and increasing the Now, there is a lot of debate whether right of 390,000 acre feet that is prom- total amount of water in the lake. these flows are actually effective or

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.121 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2533 not. There are counter opinions that So when I mention the 3,000 acre-feet pation of drought, out in the West, we keeping the river wet and all these that are cut down to and the Bureau have developed means of surviving flushes actually help propagate the decided that is not even worth deliv- when droughts occur. We have built virus instead of drying it out and mak- ering, at least that could be positively reservoirs, dams, canals, pipelines, ing the virus dry out basically on the used, to some extent, for those sys- drains, wells, and legal systems to deal vine. tems, as well as I mentioned the with the supply and allocation, legally Then there is a similar debate with groundwater damage without the re- and practically, of water—this most the sucker fish in the lake that a high charge. precious, essential, and life-giving re- level of water in the lake will cause So, most of the basin has to plan and source. them to be more subject to predators plant, based on what the Bureau tells These systems, legal and hydraulic, in the lake where the lower level, since them in April will be their allocation. provided the essential and irreplace- they are bottom feeder fish and it is For example, one grower there, a fellow able foundation of communities in the less conducive for the atmosphere for named Scotty Fenters, notes that the West. These laws, and the water di- the predators of those fish. panic set in when the Bureau revised vided under them, provided a reliable So it is seemingly going in opposite down their allocation last year in May and dependable system upon which fu- directions. But we also have counter 2020. He had already bought seed, al- tures were planned, families were purposes for the Federal agencies that ready paid the rent, and already put raised, and rural towns with churches, are regulating right now, Fish and the fertilizer in fields. schools, and hospitals were built. Game, Fish and Wildlife, that are try- Can you imagine, you have some- Droughts were expected, but Western ing to preserve the deep lake for the thing halfway done and committed, communities were prepared—or at sucker and at the same time they want and they say, No, you are not going to least they thought they were. But to have the flows go down the river to have the inputs anymore to finish? change has come. Change has come in take care of the C. shasta virus for the So in total, about $75 million had the form of the Endangered Species Act salmon—you can’t do both—as well as been spent planning and preparing. and in the form of even hotter and have any water available for agri- Now, last year again in 2020 after the drier weather. This law and these culture, for the communities, and for Bureau initially reduced their alloca- warmer, hotter conditions have upset— the refuges for the wildlife. tion, the basin community rallied. some would say, destroyed—the sys- So the irrigators despite their receiv- There was a convoy of tractors and tems that entire communities have re- ing no water, the Bureau still plans to trucks that stretched 30 miles to say, lied upon for well over a century. send 375,000 acre-feet downstream for You have to keep your word, Federal Let me be clear: The Endangered salmon. Government. Species Act is the law, and I am not Now, let’s get to what the water So, indeed, it was an impressive turn- suggesting we break or violate it. Re- rights look like. In 1975, shortly after out. cently, I called for unity in the Klam- NEPA and the Endangered Species Act So we come back to the water rights ath basin urging calm and cooperation went into effect, the Oregon Water Re- being upheld. in the face of this incredible and dam- sources Department began the process Last year, Klamath irrigation took aging challenge. But if ever there was of detailing and adjudicating the water the Bureau of Reclamation to court an example of the need to refine and rights of irrigators. Under Oregon law over its decision to increase down- better implement the Endangered Spe- Chapter 539, it lays out the process of stream flows for salmon in the Klam- cies Act, what is happening to the determining water rights before 1909, ath River. The State ultimately agreed Klamath basin this year is that reason. when the water rights code in Oregon with KID stating that the Bureau had But it is simply not possible to was initiated, and a large part of this is the right to store water in the Upper change the way the ESA is imple- on the Oregon side of the lake. Klamath Lake, but it does not own mented in time to help this year. As I This process culminated in the 2013 that water. It only has the right to mentioned, and all of us know, there is Findings of Fact and Order of Deter- move the water on behalf of the grow- another thing happening: it is getting mination, which were then amended in ers and the intent of the project. They hotter and drier, and all of our sys- 2014. Oregon water laws uphold the do not have the right to take the water tems, manmade and natural, are under rights of the irrigators and distributes for salmon or suckers—salmon in the stress—the stress of severe drought and water based on the seniority of the rivers and suckers in the lake. an ever-increasing demand for water: claim. Madam Speaker, may I ask how demand from fish, demand from wild- So what are the ramifications for much time remains. life, demand from agriculture, and de- failing to deliver the water? The SPEAKER pro tempore. The gen- mand, soon, from rural homes which Now, there is still work to be done in tleman has 17 minutes remaining. rely on wells for their water. reaffirming these property rights, Mr. LAMALFA. Now, there is still What can we do? which at the time seemed to be iron- much ground we need to cover here to- First, we must do our best to tell the clad, but everything is fudgeable these night, but I think I have set the table Nation that some 60 to 70 million peo- days. So securing the property and for what we are looking at and the dev- ple across the Western United States water rights of the basin will still con- astation. will be suffering this year from the tinue to be a battle. Madam Speaker, I yield to the gen- cost and the loss of severe drought. The While we continue that fight, we tleman from Oregon (Mr. BENTZ) for his Klamath basin in Oregon and Cali- must highlight the dire straits of the presentation. fornia unfortunately is the poster child basin today without water. The canals, Mr. BENTZ. Madam Speaker, I thank for this disaster. the ditches, and the irrigation districts Congressman LAMALFA for his years of Secondly, we must call out clearly are drying up. This will cause perma- work on the extraordinary problems in and loudly that our laws, as written nent damage to the ditches and the ir- the Klamath. and enforced, when faced with the rigation system there. Basically it is Let me, again, by talking briefly choice of instream use for ESA pur- kind of like a wooden boat. They need about drought and what it means. I se- poses on one hand or the community to be gotten wet, each irrigation sys- lect this as a starting place because on the other, will allocate all of the tem. Also, the groundwater recharges many out here in the East have the op- water to instream use, letting other provide for the people and the nearby posite problem—too much water. needs go begging. neighbors with their domestic wells. Sadly, to those of us in the West, the It must be noted that the water being Every year the project goes dry or term drought is all too familiar. We given by the law and the means of en- loses water the costs of returning to know what the word means because we forcing it operates to give all of the standard operations will increase. As I have lived in drought conditions for water to the instream interests, even mentioned with the canals coming years. Drought means no water. It though this allocation is in excess of apart, the first water that needs to go means bankruptcy. It means catas- that which would have naturally in them is actually absorbed by the ca- trophe. It means the death of trees, flowed down the river during summer nals to get them back into shape. plants, animals, and dreams. In antici- months.

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.122 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2534 CONGRESSIONAL RECORD — HOUSE May 18, 2021 Once again, I want to be clear that b 2030 a legal problem, and it needs to be ad- this allocation of stored water for This choice, along with many others, dressed. instream purposes is a choice of what to treat farmers and ranchers as More water storage is needed. A fu- to save and what to let go. That choice though they are expendable, is bad for ture of hotter, drier summers means has costs—incredible costs. our Nation and bad for our future. this problem is not going to go away. Now, it is not my goal today to at- When we talk about infrastructure, In the Klamath and across the West, tack the administration, the Depart- let’s not forget that those who know we need better infrastructure and a ment of the Interior, or the Bureau of how to operate farms and ranches are long-term plan so we have enough Reclamation. It is my goal to call out part of the essential infrastructure of water for farms, cities, fish, and ref- that this country has, through its gov- our Nation. These choices that don’t uges. As snowpack decreases, and it is, ernment and its laws—the Endangered balance the needs of our environment water storage is critical, to have a reli- Species Act—made a decision to take and the community are driving food able store of water when these water from a community and to use it production into other countries, put- droughts occur. For long-term stability, we need the for another purpose, placing the burden ting us all at risk. of that choice on people and other less In addition, this drought will create community to come together and fig- fortunate creatures not protected by and is creating extraordinarily nega- ure out how to escape the zero-sum the ESA. tive environmental, public health, and game that gives all the water to one What is that cost? safety impacts. The waterfowl, reptile, use, ignoring others. There are critical Some have said at least $400 million and amphibians mentioned by Con- parties to make this happen, and we need support of that work from the will be lost in the Klamath community gressman LAMALFA that rely on our State, the Federal Government, and this year. But that hardly tells the canal system, ditch banks, and irri- our community. Agreement can be story. So let me elaborate. gated fields will simply not be there. reached. This has been done elsewhere. The average farmer has mortgage They will die, as there is no water in payments, property taxes, irrigation As mentioned earlier, we need to pro- the canals or on the fields for them. tect and improve our watersheds. This district assessments, equipment pay- There have been and will continue to means our forests. Each year, all ments, and most important of all, the be dust storms—think dust bowl. And stakeholders face uncertainty and risk. need to house and take care of his or this is no exaggeration. Two national This fight over water has fractured the her family. Without water, there are no wildlife refuges rely exclusively on the Klamath community and will fracture crops, no income, and no ability to pay Klamath Project for water. They will the bills all families have. others. receive no water for those wetlands and To address these extraordinarily dif- Many producers in the basin have habitats this year. They will dry up. supply contracts that they have ficult problems, we must work together The waterfowl that use them will be toward a long-term solution because worked for years and years to achieve hurt. and retain. If producers cannot deliver this situation is not sustainable. There are 1,800 domestic water wells Next year’s weather may well be on those contracts, for example, with in Oregon within the geographic area worse than what we are facing now. Ev- Safeway and Whole Foods Market, served by the project. These will be af- erybody is being harmed. There are no those contracts are lost to other com- fected. winners in this situation. Fish popu- petitors, and many times to other The drought comes with another side lations are not recovering; farms are countries, such as Mexico, Chile, Aus- effect, increased wildfire risks. Last not receiving enough water; refuges are tralia, and Brazil. Oftentimes, these summer, my district was devastated by going dry. contracts can never be recovered. once-in-a-generation, supposedly, fires In the short run, perhaps, we can get Beef and dairy producers lack grass that burned over a million acres in Or- through this year with the govern- for cattle because there has been no egon, destroyed thousands of homes ment’s help. But in the long run, the rain and they cannot irrigate. Hay is in and businesses, wiped away two entire Klamath community will have to de- short supply and prices for hay have in- towns, and killed 11 people. Dry vegeta- cide what kind of future they want. creased dramatically. Beef and dairy tion and forests, combined with poor Congressman LAMALFA and I stand producers are forced to sell their cattle management, are the perfect storm for ready to work with everyone in the because they cannot afford the cost of out-of-control wildfires. Those fires Klamath Basin to come up with real buying hay. Rebuilding these herds will will damage the Klamath watersheds, long-term solutions. It is time to sit require years and years and much more making this bad situation worse. down together and figure this out. debt. In addition, the increased supply What can we do? In the short term, Mr. LAMALFA. Madam Speaker, I of cattle to market causes immediate Representative LAMALFA and I are pro- appreciate us being able to team up on reduction in prices, adding insult to in- posing a $47 million critical aid pack- this dire situation up in our common jury. age to help those hit hardest by the area like that. Then there are jobs. Thousands of ag- drought in the Klamath. Congressman Let me just touch on this part here. riculture-related jobs will be lost. Peo- LAMALFA will go through it in more Going into the wildlife refuge aspect ple who have been employed in the detail. and the areas there in the basin that farming area for years will move away, Long term, we strongly believe there have sustained much wildlife and wa- and many will never return. are critical legal issues that need to be terfowl over the years, this is 2020, Then there are farms. This is the sec- addressed. Farmers in irrigation dis- when deliveries were already inad- ond consecutive year of what may be tricts have strong objections to the re- equate. many years of too little water to meet allocation of stored water. Dams and Now, it might be hard to see on cam- the many needs of the community. As reservoirs were built to capture water era here, but this is a photo of part of the level of uncertainty regarding the during the wet time of year to have the duck kill and the birds that were future becomes ever more pronounced, water available during the dry time of plucked out of the Tule Lake area here. more and more young people raised on year. We have done that in the Klam- You can see some of the dots here that farms lose faith in the future of farm- ath Project, and irrigation districts indicate dead ducks. ing and ranching and choose other ca- pay for the infrastructure that pro- I volunteered one day to go out and reers. The average age of the American vides that storage. But now the govern- help retrieve some of that, to get this farmer is now late fifties, and it keeps ment is requiring that we direct the re- problem out of the water there. going up. This trend means that we lease of stored water away from farms They become infested with maggots, will become more and more dependent to artificially increase the amount and and they help spread disease and all upon foreign countries to sell us food. flow in the Klamath River. that. So this is what this really looks But everyone agrees, in principle, we During the irrigation season, the like, the waterfowl that is being dev- should grow our food here at home. The Klamath Project will be providing astated up there in 2020, even when it pandemic and more recently the ship- much more flow in the Klamath River had some water. There were 44,000 acre- ping crisis have shown us that a global than ever would have occurred natu- feet delivered then. Sixty thousand wa- supply chain is not always dependable. rally before the project existed. This is terfowl are estimated to have died in

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.124 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2535 2020. This year, if zero acre-feet are de- botulism assistance for the disease tion in the Congressional Record. The Select livered, what is that number going to that is going to be out there for all the Committee adopted these rules by voice look like? What is that going to mean dead ducks that are going to happen; vote, with a quorum being present, at our or- for the fly away? $2.5 million for residential wells, as ganizational meeting on Friday, March 19, 2021. This is one duck we managed to res- some of them could be going dry if A Sincerely, cue. They had an operation up there to canal and others are not recharging KATHY CASTOR, take them back and pluck the live ones and replenishing the groundwater sup- Chair. that were sick and take them to a ply; $3 million for commercial fisher- RULE 1. GENERAL PROVISIONS nursery and spiff them up and release men; $4 million to repair the inevitable (a) The provisions of section 4(d) of H. Res. them once again. That was one small damage that is going to happen to 8 (117th Congress) governing the proceedings positive. Indeed, part of the bill pack- these canals if they don’t get wet like of the Select Committee on the Climate Cri- age that Mr. BENTZ and I will be work- my wooden boat analogy; $5 million for sis (hereinafter referred to as the ‘‘Com- ing on, we will have funding for that. food aid through USDA and the BIA, mittee’’) are hereby incorporated by ref- Let’s get down to the bottom line Bureau of Indian Affairs, for Tribes and erence and nothing herein shall be construed here. What do we have that we could be as superseding any provision of that section. Tribal governments and their food aid. The Rules of the House of Representatives doing this year? This chart indicates Also, at this same time, the Bureau shall apply to the Committee to the extent the Klamath Project water, what it of Reclamation has an expansion and that they are not inconsistent with that brings to the table. This is stored construction of a new headquarters in title. water from the 4,143 mark here down to Klamath Falls that the growers get the (b) The rules of the Committee shall be 4,136. This is what mankind can have bill for in order to get no water this made publicly available in electronic form influence over, and actually, it can be year. We are setting aside, in this legis- and published in the Congressional Record used for a lot of things. I think a lot lation, the concept that they need a not later than 30 days after the Committee adopts its rules. more of this needs to go back into agri- new building up there to house who culture and be used for the wildlife ref- knows how many personnel that aren’t RULE 2. MEETINGS uges as well. (a) IN GENERAL.— doing the original goal of the project. (1) The regular meeting date of the Com- Currently, the lake sits at 4,140. That Madam Speaker, $4.3 million is cur- mittee shall be the first Tuesday of every is 307,000 acre-feet of available water, rently obligated. This needs to go back month when the House is in session in ac- down to the level where you can’t con- into the relief of what it is going to cordance with clause 2(b) of rule XI of the trol it anymore. It becomes what they take to either run the district as it is Rules of the House of Representatives. If the call dead pool. and direct relief. House is not in session on the first Tuesday This is what the suckerfish need here Finally, the relief to the farmers of a month, the regular meeting date shall be in this zone. This is deemed by U.S. themselves is not having to make the the third Tuesday of that month. A regular Fish and Wildlife, the additional 2 feet, payments to the Bureau of Reclama- meeting of the Committee may be dispensed with if, in the judgment of the Chair of the 134,000 acre-feet, as the suckerfish tion that they do every year to help Committee, there is no need for the meeting. number that they want to see. pay the bills and keep things going be- (2) Additional meetings may be called by So if we look at this total number, cause they are not getting the water. the Chair of the Committee as the Chair con- we still have available, between the I am proud to offer that legislation siders necessary, in accordance with clause current level and the 4,138, 173,000 acre- with Mr. BENTZ and bring the relief 2(g)(3) of rule XI of the Rules of the House of feet in this lake that could go right they need. But wouldn’t it be some- Representatives. now to help keep those canals going, thing to actually bring them the water (b) Meetings of the Committee shall be whatever agriculture still could use at that is going to be much more sus- called to order and presided over by the Chair or, in the Chair’s absence, by a mem- this late date in mid-May, and go into taining for the wildlife, for the infra- ber designated by the Chair to carry out such the refuges. And it still concedes the 2 structure, for the domestic wells, for duties. feet of surface water, 134,000 acre-feet, agriculture, since everybody watching (c) NOTIFICATION.— to the suckerfish, which is above what this probably enjoys some of these food (1) Pursuant to clause 2(g)(3) of Rule XI of is really their right as the Klamath products, whether it is the french fries, the Rules of the House, the Chair shall make Project is designed and intended and the horseradish, the mint, the alfalfa a public announcement of the date, place, and subject matter of a Committee meeting dedicated to agriculture when it was that goes for feed for many of the beef (other than a hearing), which may not com- built over 100 years ago. products. mence earlier than the third calendar day So, we have 173,000 acre-feet above There are amazing things that they (excluding Saturdays, Sundays, or legal holi- this arbitrary U.S. Fish and Wildlife do up there when you tour that area days except when the House is in session on number for suckerfish that we could and talk to these good people who are such a day) on which members have notice use and put into play. just trying to do what they have done thereof. Will that happen? It is hard telling. for generations, what they were prom- (2) The agenda for each Committee meet- It is probably going to take yet more ised by the Federal Government, espe- ing, setting out all items of business to be litigation up there to back up what the considered, shall be established by the Chair cially our returning veterans after and provided to each member of the Com- Oregon courts have already ruled does World War I and World War II who were mittee at least 36 hours (exclusive of Satur- belong, under the Federal law, to the given this promise, especially in lieu, days, Sundays, and legal holidays except growers, to the project. in some cases, of their after-war bonus when the House is in session on such days) in Will we see water going down this A that they would receive. We need to up- advance of the commencement of such meet- canal here, the initial canal coming hold this promise and quit jerking the ing. out? I don’t know. chain on the people of the Klamath (d) The requirements of paragraph (c) may Do we see it coming through this Basin. be waived by a majority vote of those river dam to get to these end needs? present, a quorum being present, or by the I yield back the balance of my time. Chair with the concurrence of the Ranking Who knows. Things have gone a dif- f Member. If the requirements of paragraph (c) ferent direction under this administra- PUBLICATION OF COMMITTEE are waived, the Chair shall notify the mem- tion right now. bers of the Committee at the earliest pos- It is tragic, tragic what is going to be RULES sible time. happening to the wildlife I showed you, RULES OF THE SELECT COMMITTEE ON THE RULE 3. HEARINGS to agriculture, to the products that we CLIMATE CRISIS FOR THE 117TH CONGRESS (a) ANNOUNCEMENT OF HEARINGS.— still need. TUESDAY, MAY 18, 2021. (1) Pursuant to clause 2(g)(3) of Rule XI of In the interim, Mr. BENTZ mentioned Hon. NANCY PELOSI, the Rules of the House, the Chair shall an- that. We are going to be introducing Speaker, House of Representatives, nounce the date, time, place, and subject legislation that has a total package of Washington, DC. matter of any hearing of the Committee, DEAR MADAM SPEAKER: Pursuant to Rule which may not commence earlier than one about $57 million: $40 million will help XI, Clause 2(a) of the Rules of the House of week after such notice. to fill in what is going to be lost to ag- Representatives, I respectfully submit the (2) A hearing may commence sooner than riculture and irrigators there; $2.5 mil- rules for the Select Committee on the Cli- specified in (a)(l) if the Chair, with the con- lion for refuges, which will include the mate Crisis in the 117th Congress for publica- currence of the Ranking Member, determines

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K18MY7.125 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2536 CONGRESSIONAL RECORD — HOUSE May 18, 2021 there is good cause or the Committee so de- opening statements may submit written (b) The audio and video coverage of Com- termines by majority vote, a quorum being opening statements for the record. mittee proceeding permitted under clause 4 present. The Chair shall announce the hear- (f) QUESTIONING OF WITNESSES.—The Chair of rule XI of the Rules of the House of Rep- ing at the earliest possible time. shall initiate the right to question witnesses resentatives shall apply to the Committee. (b) WRITTEN WITNESS STATEMENT; ORAL before the Committee, followed by the Rank- RULE 5. REPORTS TESTIMONY.— ing Member and all other members there- (a) APPROVAL OF OFFICIAL COMMITTEE RE- (1) FILING OF STATEMENT.—To the greatest after. PORTS.—Any report completed pursuant to extent practicable, each witness who is to (1) ORDER OF MEMBER RECOGNITION.—The section 4(d) of H. Res. 8 (117th Congress) that appear before the Committee shall file with right to question the witnesses before the purports to express the views, findings, con- the clerk of the Committee a written state- Committee shall alternate between majority clusions, or recommendations of the Com- ment of his or her proposed testimony at and minority members. A member of the mittee must be approved by a majority vote least two business days in advance of his or Committee may question a witness only of the Committee at a meeting at which a her appearance. The clerk of the Committee when recognized by the Chair for that pur- quorum is present, in accordance with Com- shall distribute this testimony to the Mem- pose. The Chair shall recognize in order of mittee Rule 7(a)(3). The total number of bers of the Committee as soon as is prac- appearance members who were not present votes cast for and against, and the names of ticable and at least one business day before when the meeting was called to order after those voting for and against, shall be in- the hearing. The requirements of this sub- all members who were present when the cluded in the Committee report on the mat- paragraph may be waived or modified by the meeting was called to order have been recog- ter. Chair after consultation with the Ranking nized in the order of seniority on the Com- (b) NOTICE OF COMMITTEE REPORTS.—Any Member. mittee. report described in (a) shall not be consid- (2) Each witness shall limit his or her oral (2) PROCEDURES FOR QUESTIONING OF WIT- ered in the Committee unless the proposed presentation of testimony to no more than NESSES BY MEMBERS.—Each member shall be report has been available to the members of five minutes. limited to 5 minutes in the questioning of the Committee for at least three business (3) TRUTH IN TESTIMONY.—Each witness ap- witnesses and shall limit his or her remarks days before consideration of such report in pearing in a nongovernmental capacity shall to the subject matter of the hearing. After the Committee. include with the written statement of his or consultation with the Ranking Member, the (c) ADDITIONAL VIEWS.—If, at the time of her proposed testimony a curriculum vitae; a Chair may recognize members who have al- approval of a report, a member of the Com- disclosure of any Federal grants or con- ready had an opportunity to question the mittee gives notice of intent to file supple- tracts, or contracts, or grants, or payments witness for a second period of 5 minutes once mental, minority, additional, or dissenting originating with a foreign government, re- each member of the Committee present has views for inclusion in the report, all mem- ceived during the past 36 months by the wit- been recognized once for that purpose. bers of the Committee shall be entitled to no ness or by an entity represented by the wit- (3) EXTENDED QUESTIONING OF WITNESSES less than two business days after such notice ness and related to the subject matter of the BY MEMBERS.—Following the questioning of to file such views following clause 2(1) of rule hearing; and a disclosure of whether the wit- witnesses described in (f)(2) above, the Chair, XI of the Rules of the House. ness is a fiduciary (including, but not limited with the concurrence of the Ranking Mem- (d) AVAILABILITY OF PUBLICATIONS.—Pursu- to, a director, officer, advisor, or resident ber or the Committee by motion, may permit ant to clause 2(e)(4) of Rule XI of the Rules agent) of any organization or entity that has a specified number of members to question of the House, the Committee shall make its an interest in the subject matter of a hear- one or more witnesses for a specified period publications available in electronic form to ing. The disclosure shall include (A) the of time not to exceed 60 minutes in the ag- the maximum extent feasible. Pursuant to amount and country of origin of any pay- gregate, equally divided between and con- section 4(d) of H. Res. 8 (117th Congress), the ment or contract related to the subject mat- trolled by the Chair and the Ranking Mem- Committee shall make its publications avail- ter of the hearing originating with a foreign ber. able to the general public in widely acces- government; and (B) the amount and country (4) QUESTIONS FOR THE RECORD.—Each sible formats not later than 30 calendar days of origin of any payment or contract related member may submit to the Chair additional following the respective dates for comple- to the subject matter of the hearing origi- questions for the record to be answered by tion. nating with a foreign government. the witnesses who have appeared. Each mem- RULE 6. COMMITTEE RECORDS (4) AVAILABILITY OF INFORMATION.—State- ber shall provide a copy of the questions in ments filed under this paragraph shall be (a) AVAILABILITY.—Documents reflecting an electronic format to the Committee no the proceedings of the Committee shall be made publicly available in electronic form later than 10 business days following a hear- not later than one day after the witness ap- made publicly available in electronic form ing. The Chair shall transmit all questions on the Committee’s website and in the Com- pears. received from members of the Committee to (c) NOTIFICATION OF SUBJECT MATTER.—As mittee office for inspection by the public, as the appropriate witnesses and include the provided in clause 2(e) of rule XI of the Rules soon as practicable but no later than 36 transmittal letter and the responses from hours before the commencement of a hear- of the House of Representatives, within 48 the witnesses in the hearing record. After hours of such recorded vote after each meeting, the Chair shall make available to the consultation with the Ranking Member, the public and all Members of the Committee a ing has adjourned, including a record show- Chair is authorized to close the hearing ing those present at each meeting; and a concise summary of the subject matter record no earlier than 15 business days from under consideration at the hearing, any rel- record of the vote on any question on which the date the questions were transmitted to a recorded vote is demanded, including a de- evant reports from departments or agencies the appropriate witnesses. on such matters, and a list of witnesses, in- scription of the motion, order, or other prop- (g) Hearings of the Committee shall be osition, the name of each member voting for cluding minority witnesses. called to order and presided over by the (d) MINORITY WITNESSES.—When any hear- and each member voting against such mo- Chair or, in the Chair’s absence, by a mem- tion, order, or proposition, and the names of ing is conducted by the Committee on any ber designated by the Chair to carry out such measure or matter, the minority party mem- those members of the Committee present but duties. not voting. bers on the Committee shall be entitled, (h) OATHS.—The Chair of the Committee, upon request to the Chair by a majority of (b) ARCHIVED RECORDS.—The records of the or a member designated by the Chair, may Committee deposited at the National Ar- those members, to call at least one witness, administer oaths to any witness before the as selected by the minority members, to tes- chives shall be made available for public use Committee. The Chair or his or her designee in accordance with Rule VII of the Rules of tify with respect to that measure or matter may administer the following oath to all along with witnesses selected by the Chair. the House. The Chair shall notify the Rank- witnesses prior to receiving testimony: ‘‘Do ing Member of any decision, pursuant to (e) OPENING STATEMENTS.— you solemnly swear or affirm, under penalty (1) CHAIR AND RANKING MEMBER.—At any clause 3(b)(3) or clause 4(b) of such rule, to of law, that the testimony you are about to hearing of the Committee, the Chair and withhold a record otherwise available. Upon give is the truth, the whole truth, and noth- Ranking Member shall each control five written request of any member of the Com- ing but the truth, so help you God?’’ minutes for opening statements. The Chair mittee, the Chair shall present the matter to (i) CLAIMS OF PRIVILEGE.—Claims of com- and Ranking Member may recognize other the Committee for a determination, which mon-law privilege made by witnesses in members within their respective five min- shall be subject to the same requirements for hearings, or by interviewees in investiga- utes. conduct of Committee business under Com- tions or inquiries, are applicable only at the (2) OTHER MEMBERS.—The Chair may allow mittee Rule 2. discretion of the Chair, subject to appeal to other members of the Committee to deliver RULE 7. QUORUMS AND RECORDED VOTES; the Committee. oral opening statements, as appropriate, POSTPONEMENT OF VOTES RULE 4. OPEN PROCEEDINGS with the concurrence of the Ranking Mem- (a) ESTABLISHMENT OF A QUORUM.— ber. Such statements shall not exceed five (a) Meetings for the transaction of business (I) For the purpose of taking testimony minutes in length and are to be equally dis- and hearings of the Committee shall be open and receiving evidence, no fewer than two tributed between majority and minority to the public, including radio, television, and members of the Committee shall constitute members to the extent practicable given the still photography coverage, unless closed in a quorum. party makeup of the members present. Mem- accordance with clause 2(g) of rule XI of the (2) A majority of the members of the Com- bers not recognized by the Chair for oral Rules of the House of Representatives. mittee shall constitute a quorum for those

VerDate Sep 11 2014 07:11 May 19, 2021 Jkt 019060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.066 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2537 actions for which the Rules of the House of neration of, and may remove, the staff as- (3) The names of the states or countries to Representatives require a majority quorum. signed to the minority within the budget ap- be visited and the length of time to be spent (3) A majority of the members of the Com- proved for such purposes. The staff assigned in each. mittee shall constitute a quorum for issuing to the minority shall be under the general (4) An agenda of anticipated activities. an official Committee report pursuant to supervision and direction of the Ranking (5) The names of members and staff of the Rule 5 of the Committee rules and section Member, who may delegate any authority he Committee for whom the authorization is 4(d) of H. Res. 8 (117th Congress). or she determines appropriate. sought. (4) For the purposes of taking any other (d) The Chair and Ranking Member have (b) Members and staff of the Committee action, one-third of the members of the Com- the right to secure one or more detailees to shall make a written report to the Chair on mittee shall constitute a quorum. assist with the work of the Committee. any travel they have conducted under this (b) RECORDED VOTES.—A recorded vote may subsection, including a description of their RULE 9. BUDGET be demanded by one-fifth of the members itinerary, expenses, and activities, and of present. (a) The Chair, in consultation with the pertinent information gained as a result of (c) POSTPONEMENT OF VOTES.—Pursuant to Ranking Member, shall prepare a budget pro- such travel. clause 2(h)(4) of the Rules of the House, the viding amounts for staff, committee travel, (c) Members and staff of the Committee Chair, after consultation with the Ranking field hearings, investigation, and other ex- performing authorized travel on official busi- Member, may postpone further proceedings penses of the Committee. Funds authorized ness shall be governed by applicable laws, when a recorded vote is ordered on the ques- for the Committee as provided in clause 6 of resolutions, and regulations of the House and tion of approving any measure or matter or Rule X are for expenses incurred in the ac- of the Committee on House Administration. adopting an amendment and may resume tivities of the Committee. RULE 11. WEBSITE proceedings on a postponed vote at any time (b) Consistent with clause 9 of Rule X, the after reasonable notice to Members by the Chair shall designate an amount equal to 1/ The Chair shall maintain an official Com- Clerk or other designee of the Chair. When 3 of the amount provided to the Committee mittee website for the purpose of carrying proceedings resume on a postponed question, in the primary expense resolution adopted by out the official responsibilities of the Com- notwithstanding any intervening order for the House of Representatives to be under the mittee, including communicating informa- the previous question, an underlying propo- direction of the Ranking Member for the tion about the Committee’s activities. The sition shall remain subject to further debate compensation of the minority staff, travel Ranking Member may maintain a minority or amendment to the same extent as when expenses of minority members and staff, and website. To the maximum extent feasible, the question was postponed. minority office expenses. All expenses of mi- the Committee shall make its publications RULE 8. COMMITTEE STAFF nority members and staff shall be paid for available in electronic form on the official (a) Professional and other staff of the Com- out of the amount so set aside. Committee website maintained by the Chair. mittee are subject to the provisions of clause RULE 10. TRAVEL f 9 of rule X of the Rules of the House of Rep- resentatives. (a) The Chair may authorize travel for any ADJOURNMENT (b) MAJORITY STAFF—The Chair shall ap- member and any staff member of the Com- point and determine the remuneration of, mittee in connection with activities or sub- The SPEAKER pro tempore. Pursu- and may remove, the employees of the Com- ject matters under the general jurisdiction ant to section 11(b) of House Resolu- mittee not assigned to the minority. The of the Committee. Travel to be reimbursed tion 188, the House stands adjourned staff of the Committee not assigned to the from funds set aside for the Committee for until 10 a.m. tomorrow for morning- minority shall be under the general super- any member of staff member shall be paid hour debate and noon for legislative only upon the prior authorization of the vision and direction of the Chair, who shall business. establish and assign the duties and respon- Chair. Before such authorization is granted, there shall be submitted to the Chair in writ- Thereupon (at 8 o’clock and 40 min- sibilities of such staff members and delegate utes p.m.), under its previous order, the such authority as he or she determines ap- ing the following: propriate. (1) The purpose of the travel. House adjourned until tomorrow, (c) MINORITY STAFF.—The Ranking Mem- (2) The dates during which the travel is to Wednesday, May 19, 2021, at 10 a.m. for ber shall appoint and determine theh remu- occur. morning-hour debate. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 707, the Ghost Army Congressional Gold Medal Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 1157, the Department of State Authorization Act of 2021, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 1711, the Financial Inclusion in Banking Act of 2021, as amended, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1711

By fiscal year, in millions of dollars— 2021– 2021– 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2026 2031

Statutory Pay-As-You-Go Impact ...... 0 1 1 1 1 1 1 1 1 2 –9 5 0 Components may not sum to totals because of rounding.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 2655, the Insider Trading Prohibition Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 2959, the COVID–19 Fraud Prevention Act, as amended, would have no significant effect on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.

VerDate Sep 11 2014 07:11 May 19, 2021 Jkt 019060 PO 00000 Frm 00113 Fmt 7634 Sfmt 8634 E:\CR\FM\A18MY7.068 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE H2538 CONGRESSIONAL RECORD — HOUSE May 18, 2021 EXECUTIVE COMMUNICATIONS, EC–1192. A letter from the Assistant Gen- EC–1200. A letter from the Management ETC. eral Counsel for Regulatory Services, Office and Program Analyst, FAA, Department of of General Counsel, Department of Edu- Transportation, transmitting the Depart- Under clause 2 of rule XIV, executive cation, transmitting the Department’s final ment’s final rule — Airworthiness Direc- communications were taken from the regulations — Adjustment of Civil Monetary tives; Textron Aviation Inc. Airplanes Speaker’s table and referred as follows: Penalties for Inflation (RIN: 1801-AA21) re- [Docket No.: FAA-2020-0819; Project Identi- EC–1184. A letter from the General Coun- ceived May 12, 2021, pursuant to 5 U.S.C. fier 2019-CE-027-AD; Amendment 39-21500; AD sel, Office of General Counsel, Federal Hous- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 2021-08-06} (RIN: 2120-AA64) received May 12, ing Finance Agency, transmitting the Agen- Stat. 868); to the Committee on the Judici- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public ary. cy’s Major final rule — Resolution Planning Law 104-121, Sec. 251; (110 Stat. 868); to the (RIN: 2590-AB13) received May 7, 2021, pursu- EC–1193. A letter from the Sanctions Regu- lations Advisor, Office of Foreign Assets Committee on Transportation and Infra- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- structure. 121, Sec. 251; (110 Stat. 868); to the Committee Control, Department of the Treasury, trans- on Financial Services. mitting the Department’s final rule — Infla- EC–1201. A letter from the Management EC–1185. A letter from the Deputy Assist- tion Adjustment of Civil Monetary Penalties and Program Analyst, FAA, Department of ant General Counsel for Regulatory Services, received May 7, 2021, pursuant to 5 U.S.C. Transportation, transmitting the Depart- Office of Elementary and Secondary Edu- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ment’s final rule — Airworthiness Direc- cation, Department of Education, transmit- Stat. 868); to the Committee on the Judici- tives; The Boeing Company Airplanes [Dock- ary. et No.: FAA-2021-0307; Project Identifier AD- ting the Department’s Major interim final EC–1194. A letter from the Management rule — American Rescue Plan Act Elemen- and Program Analyst, FAA, Department of 2021-00407-T; Amendment 39-21513; AD 2021-08- tary and Secondary School Emergency Re- Transportation, transmitting the Depart- 19] (RIN: 2120-AA64) received May 12, 2021, lief Fund [Docket ID: ED-2021-OESE-0061] ment’s final rule — Airworthiness Direc- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law (RIN: 1810-AB64) received May 12, 2021, pursu- tives; The Boeing Company Airplanes [Dock- 104-121, Sec. 251; (110 Stat. 868); to the Com- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- et No.: FAA-2020-0587; Product Identifier mittee on Transportation and Infrastruc- 121, Sec. 251; (110 Stat. 868); to the Committee 2020-NM-086-AD; Amendment 39-21506; AD ture. on Education and Labor. 2021-08-12] (RIN: 2120-AA64) received May 12, EC–1202. A letter from the Management EC–1186. A letter from the Deputy Assist- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public ant General Counsel, Division of Regulatory and Program Analyst, FAA, Department of Law 104-121, Sec. 251; (110 Stat. 868); to the Transportation, transmitting the Depart- Services, Office of Postsecondary Education, Committee on Transportation and Infra- Department of Education, transmitting the ment’s final rule — Airworthiness Direc- structure. tives; The Boeing Company Airplanes [Dock- Department’s final regulations — Calcula- EC–1195. A letter from the Management et No.: FAA-2019-1071; Project Identifier AD- tion of the Endowment Factor for Alloca- and Program Analyst, FAA, Department of tions to Historically Black Colleges and Uni- Transportation, transmitting the Depart- 2019-NM-165-AD; Amendment 39-21494; AD versities Under Section 314(a)(2)(A) of the ment’s final rule — Airworthiness Direc- 2021-07-17] (RIN: 2120-AA64) received May 12, Coronavirus Response and Relief Supple- tives; Pratt & Whitney Turbofan Engines 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public mental Appropriations Act, 2021 (RIN: 1840- [Docket No.: FAA-2020-1116; Project Identi- Law 104-121, Sec. 251; (110 Stat. 868); to the AD63) received May 12, 2021, pursuant to 5 fier AD-2020-00784-E; Amendment 39-21524; AD Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 2021-09-10] (RIN: 2120-AA64) received May 12, structure. 251; (110 Stat. 868); to the Committee on Edu- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public EC–1203. A letter from the Management cation and Labor. Law 104-121, Sec. 251; (110 Stat. 868); to the and Program Analyst, FAA, Department of EC–1187. A letter from the Compliance Spe- Committee on Transportation and Infra- Transportation, transmitting the Depart- cialist, Wage and Hour Division, Department structure. ment’s final rule — Airworthiness Direc- of Labor, transmitting the Department’s EC–1196. A letter from the Management Major final rule — Independent Contractor tives; The Boeing Company Airplanes [Dock- and Program Analyst, FAA, Department of et No.: FAA-2020-1167; Project Identifier AD- Status Under the Fair Labor Standards Act Transportation, transmitting the Depart- 2020-01007-T; Amendment 39-21504; AD 2021-08- (FLSA): Withdrawal (RIN: 1235-AA34) re- ment’s final rule — Airworthiness Direc- 10] (RIN: 2120-AA64) received May 12, 2021, ceived May 12, 2021, pursuant to 5 U.S.C. tives; Uninsured United Parachute Tech- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 nologies, LLC Parachutes [Docket No.: FAA- 104-121, Sec. 251; (110 Stat. 868); to the Com- Stat. 868); to the Committee on Education 2021-0336; Project Identifier AD-2021-00293-Q; and Labor. Amendment 39-21523; AD 2021-09-09] (RIN: mittee on Transportation and Infrastruc- EC–1188. A letter from the Compliance Spe- 2120-AA64) received May 12, 2021, pursuant to ture. cialist, Wage and Hour Division, Department 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. EC–1204. A letter from the Management of Labor, transmitting the Department’s 251; (110 Stat. 868); to the Committee on and Program Analyst, FAA, Department of final rule — Tip Regulations Under the Fair Transportation and Infrastructure. Transportation, transmitting the Depart- Labor Standards Act (FLSA); Delay of Effec- EC–1197. A letter from the Management ment’s final rule — Airworthiness Direc- tive Date (RIN: 1235-AA21) received May 7, and Program Analyst, FAA, Department of tives; Airbus Canada Limited Partnership 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public Transportation, transmitting the Depart- (Type Certificate Previously Held by C Se- Law 104-121, Sec. 251; (110 Stat. 868); to the ment’s final rule — Airworthiness Direc- ries Aircraft Limited Partnership (CSALP); Committee on Education and Labor. tives; The Boeing Company Airplanes [Dock- Bombardier, Inc.) Airplanes [Docket No.: EC–1189. A letter from the Assistant Gen- et No.: FAA-2019-0480; Product Identifier FAA-2021-0313; Project Identifier MCAI-2021- eral Counsel for Regulatory Affairs, Pension 2019-NM-041-AD; Amendment 39-21498; AD 00348-T; Amendment 39-21516; AD 2021-09-03] Benefit Guaranty Corporation, transmitting 2021-08-04] (RIN: 2120-AA64) received May 12, (RIN: 2120-AA64) received May 12, 2021, pursu- the Corporation’s final rule — Rescission of 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Pension Benefit Guaranty Corporation Rule Law 104-121, Sec. 251; (110 Stat. 868); to the on Guidance (RIN: 1212-AB52) received May 7, 121, Sec. 251; (110 Stat. 868); to the Committee Committee on Transportation and Infra- on Transportation and Infrastructure. 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public structure. Law 104-121, Sec. 251; (110 Stat. 868); to the EC–1198. A letter from the Management EC–1205. A letter from the Management Committee on Education and Labor. and Program Analyst, FAA, Department of and Program Analyst, FAA, Department of EC–1190. A letter from the Deputy Chief of Transportation, transmitting the Depart- Transportation, transmitting the Depart- Staff, Office of the General Counsel, Depart- ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- ment of Homeland Security, transmitting tives; Airbus SAS Airplanes [Docket No.: tives; Piper Aircraft, Inc. Airplanes [Docket the Department’s interim final rule — Min- FAA-2020-0965; Project Identifier MCAI-2020- No.: FAA-2021-0310; Project Identifier AD- imum Standards for Driver’s Licenses and 01068-T; Amendment 39-21502; AD 2021-08-08] 2021-00269-A; Amendment 39-21515; AD 2021-09- Identification Cards Acceptable by Federal (RIN: 2120-AA64) received May 12, 2021, pursu- 02] (RIN: 2120-AA64) received May 12, 2021, Agencies for Official Purposes [Docket No.: ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law DHS-2021-0019] (RIN: 1601-AB03) received May 121, Sec. 251; (110 Stat. 868); to the Committee 104-121, Sec. 251; (110 Stat. 868); to the Com- 12, 2021, pursuant to 5 U.S.C. 801(a)(1)(A); on Transportation and Infrastructure. mittee on Transportation and Infrastruc- Public Law 104-121, Sec. 251; (110 Stat. 868); to EC–1199. A letter from the Management ture. the Committee on Oversight and Reform. and Program Analyst, FAA, Department of EC–1191. A letter from the Director, Office Transportation, transmitting the Depart- EC–1206. A letter from the Management of Financial Management, United States ment’s final rule — Airworthiness Direc- and Program Analyst, FAA, Department of Capitol Police, transmitting the Statement tives; MHI RJ Aviation ULC (Type Certifi- Transportation, transmitting the Depart- of Disbursements for the U.S. Capitol Police cate Previously Held by Bombardier, Inc.) ment’s final rule — Airworthiness Direc- for the period October 1, 2020 through March Airplanes [Docket No.: FAA-2020-0911; Prod- tives; Rolls-Royce Deutschland Ltd & Co KG 31, 2021, pursuant to 2 U.S.C. 1910(a); Public uct Identifier 2020-NM-075-AD; Amendment (Type Certificate Previously Held by Rolls- Law 109-55, Sec. 1005; (119 Stat. 575) (H. Doc. 39-21497; AD 2021-08-03] (RIN: 2120-AA64) re- Royce plc) Turbofan Engines [Docket No.: No. 117—39); to the Committee on House Ad- ceived May 12, 2021, pursuant to 5 U.S.C. FAA-2021-0200; Project Identifier MCAI-2020- ministration and ordered to be printed. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 01520-E; Amendment 39-21495; AD 2021-08-01] Stat. 868); to the Committee on Transpor- (RIN: 2120-AA64) received May 12, 2021, pursu- tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); Public Law 104-

VerDate Sep 11 2014 06:06 May 19, 2021 Jkt 019060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\A18MY7.039 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2539 121, Sec. 251; (110 Stat. 868); to the Committee EC–1214. A letter from the Management PUBLIC BILLS AND RESOLUTIONS on Transportation and Infrastructure. and Program Analyst, FAA, Department of EC–1207. A letter from the Management Transportation, transmitting the Depart- Under clause 2 of rule XII, public and Program Analyst, FAA, Department of ment’s final rule — Standard Instrument Ap- bills and resolutions of the following Transportation, transmitting the Depart- proach Procedures, and Takeoff Minimums titles were introduced and severally re- ment’s final rule — Airworthiness Direc- and Obstacle Departure Procedures; Mis- ferred, as follows: tives; Sikorsky Aircraft Corporation Heli- cellaneous Amendments [Docket No.: 31364; By Ms. VAN DUYNE: copters [Docket No.: FAA-2021-0305; Project Amdt. No.: 3951] received May 12, 2021, pursu- H.R. 3290. A bill to prohibit the disposition Identifier AD-2021-00334-R; Amendment 39- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- of a firearm to, and the possession of a fire- 21512; AD 2021-08-18] (RIN: 2120-AA64) received 121, Sec. 251; (110 Stat. 868); to the Committee arm by, an adult who, while a juvenile who May 12, 2021, pursuant to 5 U.S.C. on Transportation and Infrastructure. had attained 15 years of age but not 18 years 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 EC–1215. A letter from the Management Stat. 868); to the Committee on Transpor- of age, committed an offense that would and Program Analyst, FAA, Department of have been a felony if committed by an adult; tation and Infrastructure. Transportation, transmitting the Depart- EC–1208. A letter from the Management to the Committee on the Judiciary. ment’s final rule — Establishment of Class E By Mr. TONKO (for himself and Mr. and Program Analyst, FAA, Department of Airspace; Hughes, AK [Docket No.: FAA-2020- PALLONE): Transportation, transmitting the Depart- 1193; Airspace Docket No.: 20-AAL-28] (RIN: H.R. 3291. A bill to amend the Safe Drink- ment’s final rule — Airworthiness Direc- 2120-AA66) received May 12, 2021, pursuant to ing Water Act to provide assistance for tives; Leonardo S.p.a. Helicopters [Docket 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. States, territories, areas affected by natural No.: FAA-2017-1077; Project Identifier 2016- 251; (110 Stat. 868); to the Committee on disasters, and water systems and schools af- SW-070-AD; Amendment 39-21493; AD 2021-07- Transportation and Infrastructure. fected by PFAS or lead, and to require the 16] (RIN: 2120-AA64) received May 12, 2021, EC–1216. A letter from the Management pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Environmental Protection Agency to pro- and Program Analyst, FAA, Department of 104-121, Sec. 251; (110 Stat. 868); to the Com- mulgate national primary drinking water Transportation, transmitting the Depart- mittee on Transportation and Infrastruc- regulations for PFAS, microcystin toxin, ment’s final rule — Amendment of Class E ture. and 1,4-dioxane, and for other purposes; to Airspace; Meeker, CO [Docket No.: FAA-2020- EC–1209. A letter from the Management the Committee on Energy and Commerce. 1098; Airspace Docket No.: 20-ANM-25] (RIN: and Program Analyst, FAA, Department of By Mrs. DINGELL (for herself, Ms. 2120-AA66) received May 12, 2021, pursuant to Transportation, transmitting the Depart- TLAIB, and Ms. BLUNT ROCHESTER): 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. ment’s final rule — Airworthiness Direc- H.R. 3292. A bill to require the Adminis- 251; (110 Stat. 868); to the Committee on tives; Bombardier, Inc., Airplanes [Docket trator of the Environmental Protection Transportation and Infrastructure. No.: FAA-2021-0268; Project Identifier MCAI- Agency to carry out a residential emergency EC–1217. A letter from the Management 2020-01382-T; Amendment 39-21505; AD 2021-08- relief program to provide payment assist- and Program Analyst, FAA, Department of 11] (RIN: 2120-AA64) received May 12, 2021, ance for households to retain water service, Transportation, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law and for other purposes; to the Committee on ment’s final rule — Amendment of Class E 104-121, Sec. 251; (110 Stat. 868); to the Com- Energy and Commerce. Airspace; Kremmling, CO [Docket No.: FAA- mittee on Transportation and Infrastruc- By Ms. BLUNT ROCHESTER (for her- 2020-1097; Airspace Docket No.: 20-ANM-24] ture. self, Mr. KATKO, Mrs. DINGELL, and (RIN: 2120-AA66) received May 12, 2021, pursu- EC–1210. A letter from the Management Ms. TLAIB): ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- and Program Analyst, FAA, Department of H.R. 3293. A bill to amend the Safe Drink- Transportation, transmitting the Depart- 121, Sec. 251; (110 Stat. 868); to the Committee on Transportation and Infrastructure. ing Water Act and the Federal Water Pollu- ment’s final rule — Airworthiness Direc- tion Control Act to establish programs to as- EC–1218. A letter from the Management tives; Garmin International GMN-00962 GTS sist low-income households in maintaining and Program Analyst, FAA, Department of Processor Units [Docket No.: FAA-2020-0991; access to drinking water and wastewater Transportation, transmitting the Depart- Project Identifier AD-2020-00478-Q; Amend- services, and for other purposes; to the Com- ment’s final rule — Revocation, Amendment, ment 39-21509; AD 2021-08-15] (RIN: 2120-AA64) mittee on Transportation and Infrastruc- and Establishment of Multiple Air Traffic received May 12, 2021, pursuant to 5 U.S.C. ture, and in addition to the Committees on Service (ATS) Routes Due to the Decommis- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Energy and Commerce, and Ways and Means, Stat. 868); to the Committee on Transpor- sioning of the Greene County, MS, VOR for a period to be subsequently determined tation and Infrastructure. [Docket No.: FAA-2019-0815; Airspace Docket by the Speaker, in each case for consider- EC–1211. A letter from the Management No.: 19-ASW-8] (RIN: 2120-AA66) received May ation of such provisions as fall within the ju- and Program Analyst, FAA, Department of 7, 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Pub- risdiction of the committee concerned. Transportation, transmitting the Depart- lic Law 104-121, Sec. 251; (110 Stat. 868); to the By Ms. ADAMS (for herself, Mr. HILL, ment’s final rule — Amendment To Separate Committee on Transportation and Infra- Ms. SEWELL, and Mr. TURNER): Terminal Airspace Areas From Norton structure. H.R. 3294. A bill to provide for the long- Sound Low, Woody Island Low, Control EC–1219. A letter from the Secretary, Fed- term improvement of Historically Black Col- 1234L, and Control 1487L Offshore Airspace eral Maritime Commission, transmitting the leges and Universities, and for other pur- Areas; Alaska [Docket No.: FAA-2020-0823; Commission’s final rule — Service Contracts poses; to the Committee on Education and Airspace Docket No.: 20-AAL-49] (RIN: 2120- [Docket No.: 20-22] (RIN: 3072-AC84) received Labor. AA66) received May 12, 2021, pursuant to 5 May 7, 2021, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. BANKS: U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Public Law 104-121, Sec. 251; (110 Stat. 868); to 251; (110 Stat. 868); to the Committee on the Committee on Transportation and Infra- H.R. 3295. A bill to amend title 5, United Transportation and Infrastructure. structure. States Code, to prohibit sums in the Thrift EC–1212. A letter from the Management Savings Fund from being invested in any security of an entity based in the People’s Re- and Program Analyst, FAA, Department of f Transportation, transmitting the Depart- public of China, and for other purposes; to ment’s final rule — Establishment, Amend- the Committee on Oversight and Reform. ment, and Revocation of Air Traffic Service REPORTS OF COMMITTEES ON By Mr. CARTWRIGHT (for himself, Mr. (ATS) Routes; Northeast United States PUBLIC BILLS AND RESOLUTIONS FITZPATRICK, Mr. SARBANES, Mr. CON- [Docket No.: FAA-2020-1146; Airspace Docket Under clause 2 of rule XIII, reports of NOLLY, Ms. NORTON, Mr. SIRES, Mr. PASCRELL, Mr. SUOZZI, Ms. DEAN, Ms. No.: 20-AEA-10] (RIN: 2120-AA66) received committees were delivered to the Clerk May 12, 2021, pursuant to 5 U.S.C. WILD, Mr. CASTEN, Mr. TONKO, Mr. for printing and reference to the proper 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 KHANNA, Ms. MATSUI, Ms. HOULAHAN, Stat. 868); to the Committee on Transpor- calendar, as follows: Mr. LANGEVIN, Mr. POCAN, Mr. tation and Infrastructure. Mr. MCGOVERN: Committee on Rules. SCHIFF, Ms. MENG, Mr. AUCHINCLOSS, EC–1213. A letter from the Management House Resolutions 409. Resolution providing Miss RICE of New York, Mr. and Program Analyst, FAA, Department of for consideration of the bill (H.R. 3233) to es- LOWENTHAL, Mr. EVANS, and Mr. Transportation, transmitting the Depart- tablish the National Commission to Inves- TAKANO): ment’s final rule — Standard Instrument Ap- tigate the January 6 Attack on the United H.R. 3296. A bill to require the Secretary of proach Procedures, and Takeoff Minimums States Capitol Complex, and for other pur- Energy to establish an energy efficiency ma- and Obstacle Departure Procedures; Mis- poses; and providing for consideration of the terials pilot program, and for other purposes; cellaneous Amendments [Docket No.: 31365; bill (H.R. 3237) making emergency supple- to the Committee on Energy and Commerce. Amdt. No.: 3952] received May 12, 2021, pursu- mental appropriations for the fiscal year By Mr. CROW (for himself, Mr. BUR- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- ending September 30, 2021, and for other pur- GESS, Ms. ESHOO, and Mr. GUTHRIE): 121, Sec. 251; (110 Stat. 868); to the Committee poses. (Rept. 117–38). Referred to the House H.R. 3297. A bill to amend the Public on Transportation and Infrastructure. Calendar. Health Service Act to establish the Public

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Health Workforce Loan Repayment Pro- birth restriction policies, particularly in the Mr. DANNY K. DAVIS of Illinois, and gram; to the Committee on Energy and Com- Xinjiang Uyghur Autonomous Region, and Ms. CHU): merce, and in addition to the Committee on for other purposes; to the Committee on For- H.R. 3312. A bill to provide for the overall Ways and Means, for a period to be subse- eign Affairs, and in addition to the Com- health and well-being of young people, in- quently determined by the Speaker, in each mittee on the Judiciary, for a period to be cluding the promotion and attainment of case for consideration of such provisions as subsequently determined by the Speaker, in lifelong sexual health and healthy relation- fall within the jurisdiction of the committee each case for consideration of such provi- ships, and for other purposes; to the Com- concerned. sions as fall within the jurisdiction of the mittee on Education and Labor, and in addi- By Ms. DAVIDS of Kansas: committee concerned. tion to the Committee on Energy and Com- H.R. 3298. A bill to amend section 125 of By Mr. HERN: merce, for a period to be subsequently deter- title 23, United States Code, to require that H.R. 3307. A bill to eliminate the extension mined by the Speaker, in each case for con- a project for the permanent repair or recon- of Federal Pandemic Unemployment Com- sideration of such provisions as fall within struction of a repeatedly damaged facility pensation, and for other purposes; to the the jurisdiction of the committee concerned. includes feasible and economically justifi- Committee on Ways and Means. By Mr. LIEU (for himself, Ms. able improvements to increase the resilience By Ms. JAYAPAL: SPANBERGER, Mr. PFLUGER, and Ms. of such facility, and for other purposes; to H.R. 3308. A bill to establish a process by TENNEY): the Committee on Transportation and Infra- which participants of employee welfare plans H.R. 3313. A bill to require the Secretary of structure. select guidelines to be used by the plan fidu- State to design and establish a Vulnerability By Mrs. DEMINGS (for herself, Mr. ciary for voting proxies on securities held in Disclosure Process (VDP) to improve Depart- THOMPSON of California, Mr. investment portfolios under the plan, and for ment of State cybersecurity and a bug boun- ESPAILLAT, Mr. QUIGLEY, Ms. JACK- other purposes; to the Committee on Edu- ty program to identify and report SON LEE, Mr. NEGUSE, Mr. DEUTCH, cation and Labor. vulnerabilities of internet-facing informa- and Mr. DEFAZIO): By Mr. KINZINGER (for himself and tion technology of the Department of State, H.R. 3299. A bill to help reduce gun vio- Mr. CROW): and for other purposes; to the Committee on lence through background checks and the H.R. 3309. A bill to establish a manufac- Foreign Affairs. National Firearms Act and for other pur- turing grant program, a trade preference By Mr. MANN: poses; to the Committee on the Judiciary, program, and certain tax incentives to en- H.R. 3314. A bill to prohibit certain provi- and in addition to the Committee on Ways courage companies to manufacture certain sions of an Executive Order pertaining to and Means, for a period to be subsequently essential articles in countries in the Western land conservation from taking effect, and for determined by the Speaker, in each case for Hemisphere and to safeguard against disrup- other purposes; to the Committee on Natural consideration of such provisions as fall with- tions to the supply chains for such articles, Resources, and in addition to the Commit- in the jurisdiction of the committee con- and for other purposes; to the Committee on tees on Agriculture, and Science, Space, and cerned. Ways and Means, and in addition to the Com- Technology, for a period to be subsequently By Mr. SMITH of New Jersey (for him- mittees on Foreign Affairs, and Energy and determined by the Speaker, in each case for Commerce, for a period to be subsequently self and Mr. CUELLAR): consideration of such provisions as fall with- H.R. 3300. A bill to amend the Safe Drink- determined by the Speaker, in each case for in the jurisdiction of the committee con- ing Water Act with respect to replacement of consideration of such provisions as fall with- cerned. lead service lines, and for other purposes; to in the jurisdiction of the committee con- By Mr. MURPHY of North Carolina (for the Committee on Energy and Commerce. cerned. himself and Mr. ROUZER): By Mr. DESAULNIER: By Mr. LARSEN of Washington (for H.R. 3315. A bill to revise the boundaries of H.R. 3301. A bill to amend the Internal Rev- himself, Mr. YOUNG, Ms. CRAIG, Ms. a unit of the John H. Chafee Coastal Barrier enue Code of 1986 to adjust the rate of in- BROWNLEY, Ms. NORTON, Mrs. BUSTOS, Resources System in Topsail, North Caro- come tax of a publicly traded corporation Mr. SIRES, Mr. LYNCH, and Mr. lina, and for other purposes; to the Com- based on the ratio of compensation of the COHEN): mittee on Natural Resources. corporation’s highest paid employee to the H.R. 3310. A bill to amend title 49, United By Mr. NEWHOUSE: median compensation of all the corpora- States Code, to establish a program to carry H.R. 3316. A bill to support both workers tion’s employees, and for other purposes; to out public service campaigns which promote and recovery by converting expanded Federal the Committee on Ways and Means, and in transportation career opportunities and im- unemployment payments into signing bo- addition to the Committee on Oversight and prove diversity in the workforce; to the Com- nuses; to the Committee on Ways and Means. Reform, for a period to be subsequently de- mittee on Transportation and Infrastruc- By Ms. NEWMAN (for herself and Mr. termined by the Speaker, in each case for ture. GARCI´A of Illinois): consideration of such provisions as fall with- By Mr. LARSON of Connecticut (for H.R. 3317. A bill to amend chapter 53 of in the jurisdiction of the committee con- himself, Ms. NORTON, and Mr. LYNCH): title 49, United States Code, to provide com- cerned. H.R. 3311. A bill to rebuild the Nation’s in- petitive grants to assist State and local gov- By Mr. ESTES: frastructure, provide a consumer rebate to ernmental authorities in addressing accessi- H.R. 3302. A bill to amend the Internal Rev- the American people, assist coal country, re- bility needs of legacy rail fixed guideway enue Code of 1986 to prohibit the seller of an duce harmful pollution, and for other pur- public transportation systems; to the Com- electric vehicle from being treated as the poses; to the Committee on Ways and Means, mittee on Transportation and Infrastruc- taxpayer that placed such vehicle in service and in addition to the Committees on Trans- ture. and taking the electric vehicle tax credit if portation and Infrastructure, Energy and By Mr. PERLMUTTER (for himself, such vehicle is sold to the Federal Govern- Commerce, Agriculture, Education and Mr. CROW, Mr. BUCK, and Ms. ment; to the Committee on Ways and Means. Labor, Natural Resources, Science, Space, DEGETTE): By Mr. ESTES: and Technology, and Financial Services, for H.R. 3318. A bill to require the Secretary of H.R. 3303. A bill to amend the Internal Rev- a period to be subsequently determined by Transportation to repay the credit risk pre- enue Code of 1986 to reduce the tax credit for the Speaker, in each case for consideration miums paid with respect to certain railroad new qualified plug-in electric drive motor ve- of such provisions as fall within the jurisdic- infrastructure loans after the obligations at- hicles by State subsidies for these vehicles; tion of the committee concerned. tached to such loans have been satisfied; to to the Committee on Ways and Means. By Ms. LEE of California (for herself, the Committee on Transportation and Infra- By Mrs. FLETCHER (for herself and Ms. ADAMS, Mr. SAN NICOLAS, Mr. structure. Mr. TAKANO): LOWENTHAL, Mr. JOHNSON of Georgia, By Mr. POSEY (for himself, Mr. RYAN, H.R. 3304. A bill to amend title 38, United Ms. SPEIER, Ms. DELBENE, Ms. and Mr. KELLY of Pennsylvania): States Code, to authorize the Secretary of CLARKE of New York, Ms. SCHA- H.R. 3319. A bill to direct the Adminis- Veterans Affairs to provide or assist in pro- KOWSKY, Ms. VELA´ ZQUEZ, Mrs. HAYES, trator of the Environmental Protection viding an additional vehicle adapted for op- Mr. CONNOLLY, Mr. TONKO, Mr. Agency to amend regulations relating to ex- eration by disabled individuals to certain eli- DEUTCH, Ms. SEWELL, Ms. BASS, Ms. emptions for engines and equipment for pur- gible persons, and for other purposes; to the NORTON, Mr. GALLEGO, Ms. poses of national security, and for other pur- Committee on Veterans’ Affairs. BROWNLEY, Mr. BLUMENAUER, Ms. poses; to the Committee on Energy and Com- By Mr. FOSTER: MOORE of Wisconsin, Mr. LIEU, Mrs. merce. H.R. 3305. A bill to repeal the debt ceiling, FLETCHER, Mr. COHEN, Mr. GRIJALVA, By Mr. RUSH (for himself and Mr. and for other purposes; to the Committee on Mr. LARSEN of Washington, Mr. MULLIN): Ways and Means. MCNERNEY, Mr. YARMUTH, Mr. H.R. 3320. A bill to amend title VII of the By Mrs. HARTZLER (for herself and GARCI´A of Illinois, Ms. DEGETTE, Ms. Public Health Service Act to authorize as- Mr. SUOZZI): PRESSLEY, Mr. TRONE, Ms. BUSH, Ms. sistance for increasing workforce diversity H.R. 3306. A bill to address state-sanc- KUSTER, Mr. AUCHINCLOSS, Mr. in the professions of physical therapy, occu- tioned violence against women in the Peo- WELCH, Mr. POCAN, Ms. JAYAPAL, Mr. pational therapy, respiratory therapy, audi- ple’s Republic of China, including rape and BROWN, Mr. TAKANO, Ms. OMAR, Mr. ology, and speech-language pathology, and torture in detention and forced steriliza- ESPAILLAT, Ms. TITUS, Mr. PAYNE, for other purposes; to the Committee on En- tions, forced abortions, and other coercive Ms. ROSS, Mr. SMITH of Washington, ergy and Commerce.

VerDate Sep 11 2014 04:45 May 19, 2021 Jkt 019060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\L18MY7.100 H18MYPT1 ctelli on DSK11ZRN23PROD with HOUSE May 18, 2021 CONGRESSIONAL RECORD — HOUSE H2541 By Ms. SA´ NCHEZ: CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- H.R. 3321. A bill to amend the Internal Rev- STATEMENT lation pursuant to the following: Article 1, Section 8, clause 1 enue Code of 1986 to provide a nonrefundable Pursuant to clause 7 of rule XII of credit for working family caregivers; to the By Mr. SMITH of New Jersey: Committee on Ways and Means. the Rules of the House of Representa- H.R. 3300. By Mr. SESSIONS: tives, the following statements are sub- Congress has the power to enact this legis- mitted regarding the specific powers lation pursuant to the following: H.R. 3322. A bill to amend title XVIII of the granted to Congress in the Constitu- Article I Section 8 of the US Constitution Social Security Act to establish a Medicare By Mr. DESAULNIER: payment option for patients and eligible pro- tion to enact the accompanying bill or H.R. 3301. fessionals to freely contract, without pen- joint resolution. Congress has the power to enact this legis- alty, for Medicare fee-for-service items and By Ms. VAN DUYNE: lation pursuant to the following: services, while allowing Medicare bene- H.R. 3290. Article 1, Section 8. ficiaries to use their Medicare benefits; to Congress has the power to enact this legis- By Mr. ESTES: the Committee on Energy and Commerce, lation pursuant to the following: H.R. 3302. and in addition to the Committee on Ways Article 1, Section 8 Congress has the power to enact this legis- and Means, for a period to be subsequently By Mr. TONKO: lation pursuant to the following: determined by the Speaker, in each case for H.R. 3291. Article I, Section 8, Clause 1 of the United consideration of such provisions as fall with- Congress has the power to enact this legis- States Constitution: in the jurisdiction of the committee con- lation pursuant to the following: ‘‘The Congress shall have Power To lay and cerned. Article I, Section 8, Clause 18: The Con- collect Taxes, Duties, Imposts and Excises, By Mr. TORRES of New York: gress shall have power to make all Laws to pay the Debts and provide for the common H.R. 3323. A bill to strengthen the ability which shall be necessary and proper for car- Defence and general Welfare of the United of the Federal Home Loan Bank system to rying into Execution the foregoing Powers, States; but all Duties, Imposts and Excises provide critical financing to address the eco- and all other Powers vested by the Constitu- shall be uniform throughout the United nomic crisis caused by the COVID-19 and to tion in the Government of the United States, States’’ meet the short- and long-term housing and or in any Department or Officer thereof. By Mr. ESTES: H.R. 3303. community economic development needs of By Mrs. DINGELL: Congress has the power to enact this legis- low-income communities, including Tribal H.R. 3292. lation pursuant to the following: communities, and for other purposes; to the Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 of the United Committee on Financial Services, and in ad- States Constitution: dition to the Committees on Ways and The constitutional authority of Congress to enact this legislation is provided by Arti- ‘‘The Congress shall have Power To lay and Means, and Small Business, for a period to be collect Taxes, Duties, Imposts and Excises, subsequently determined by the Speaker, in cle I, section 8 of the United States Constitu- tion. to pay the Debts and provide for the common each case for consideration of such provi- Defence and general Welfare of the United sions as fall within the jurisdiction of the By Ms. BLUNT ROCHESTER: H.R. 3293. States; but all Duties, Imposts and Excises committee concerned. shall be uniform throughout the United By Mr. WILLIAMS of Texas: Congress has the power to enact this legislation pursuant to the following: States’’ H.R. 3324. A bill to amend the Internal Rev- Article I, Section 8, clause 3 By Mrs. FLETCHER: enue Code of 1986 to permanently extend the Article I, Section 8, clause 18 H.R. 3304. nonbusiness energy property credit; to the By Ms. ADAMS: Congress has the power to enact this legis- Committee on Ways and Means. H.R. 3294. lation pursuant to the following: By Ms. DEAN (for herself, Mr. EVANS, Congress has the power to enact this legis- Article I, section 8 of the Constitution of Ms. HOULAHAN, and Ms. SCANLON): lation pursuant to the following: the United States. H. Res. 410. A resolution recognizing the Article I, Section VIII of the U.S. Constitu- By Mr. FOSTER: 50th anniversary of the ratification of Penn- tion H.R. 3305. sylvania’s Environmental Rights Amend- By Mr. BANKS: Congress has the power to enact this legis- ment; to the Committee on Natural Re- H.R. 3295. lation pursuant to the following: This bill is enacted pursuant to the power sources. Congress has the power to enact this legis- granted to Congress under Article I, Section By Ms. MOORE of Wisconsin (for her- lation pursuant to the following: 8, Clauses 1 and 18 of the United States Con- self, Mr. GRIJALVA, Ms. DAVIDS of The constitutional authority of Congress stitution. Kansas, Mr. GALLEGO, and Mr. to enact this legislation is provided by Arti- By Mrs. HARTZLER: YOUNG): cle I, section 8 of the United States Constitu- H.R. 3306. tion, specifically clause 18 (relating to the H. Res. 411. A resolution expressing the Congress has the power to enact this legis- power to make all laws necessary and proper sense of the House of Representatives to rec- lation pursuant to the following: ognize the crisis of violence against Native for carrying out the powers vested in Con- Article 1, section 8, clause 18 of the United women; to the Committee on Natural Re- gress). States Constitution sources. By Mr. CARTWRIGHT: By Mr. HERN: By Ms. PORTER (for herself, Mr. H.R. 3296. H.R. 3307. BACON, Mr. YARMUTH, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- FITZPATRICK, Mrs. MCBATH, Mrs. lation pursuant to the following: lation pursuant to the following: HINSON, Mr. TAKANO, Ms. BASS, Mr. Article I, Section 8, Clause 3 (relating to Article 1 Section 8 ADERHOLT, Ms. SPANBERGER, Ms. the power of Congress to regulate Commerce By Ms. JAYAPAL: NORTON, Mrs. WATSON COLEMAN, Ms. with foreign Nations, and among the several H.R. 3308. SCHAKOWSKY, Mr. CARSON, Mr. States, and with the Indian Tribes.) Congress has the power to enact this legis- VARGAS, Mr. GRIJALVA, Mrs. BICE of By Mr. CROW: lation pursuant to the following: H.R. 3297. Oklahoma, Mr. LUCAS, Mr. TONY This bill is enacted pursuant to the power Congress has the power to enact this legis- GONZALES of Texas, Ms. MOORE of granted to Congress under Article I of the lation pursuant to the following: Wisconsin, and Mrs. HAYES): United States Constitution and its subse- Article 1, Section 8, Clause 1: The Congress quent amendments, and further clarified and H. Res. 412. A resolution expressing support shall have Power To lay and collect Taxes, of the designation of May 18, 2021, as ‘‘CASA/ interpreted by the Supreme Court of the Duties, Imposts and Excises, to pay the United States. GAL Volunteers’ Day’’; to the Committee on Debts and provide for the common Defence Education and Labor. By Mr. KINZINGER: and general Welfare of the United States. H.R. 3309. By Ms. ROSS (for herself, Mr. JOHNSON By Ms. DAVIDS of Kansas: Congress has the power to enact this legis- of Ohio, Mr. DANNY K. DAVIS of Illi- H.R. 3298. lation pursuant to the following: nois, Mr. SHERMAN, and Ms. MAN- Congress has the power to enact this legis- Article 1, Section 8 of the US Constitution NING): lation pursuant to the following: By Mr. LARSEN of Washington: H. Res. 413. A resolution recognizing 12 Article 1, Section 8, Clause 18 The Congress H.R. 3310. years since the end of the war in Sri Lanka shall have the power to make all laws which Congress has the power to enact this legis- on May 18, 2009, honoring the lives lost, and shall be necessary and proper for carrying lation pursuant to the following: expressing support for justice, account- into execution the foregoing powers, and all Article 1, Section 8 of the U.S. Constitu- ability, reconciliation, reconstruction, rep- other powers vested by the Constitution in tion aration, and reform in Sri Lanka to ensure a the Government of the United States, or in By Mr. LARSON of Connecticut: lasting peaceful political solution and a any Department or Officer thereof. H.R. 3311. prosperous future for all people of Sri Lanka; By Mrs. DEMINGS: Congress has the power to enact this legis- to the Committee on Foreign Affairs. H.R. 3299 . lation pursuant to the following:

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Clause 1 of Section 8 of Article 1 of the H.R. 261: Mr. FERGUSON, Mr. LOUDERMILK, H.R. 2198: Mr. DESAULNIER. United States Constitution Ms. FOXX, Mr. KUSTOFF, and Mrs. MILLER- H.R. 2213: Mr. KIND. By Ms. LEE of California: MEEKS. H.R. 2225: Mr. LAMB, Ms. HOULAHAN, and H.R. 3312. H.R. 263: Mr. SWALWELL, Mr. VALADAO, Mr. Mr. AUCHINCLOSS. Congress has the power to enact this legis- AMODEI, Mr. KIND, and Mr. LAMB. H.R. 2231: Mr. JOHNSON of Georgia. lation pursuant to the following: H.R. 322: Mrs. MCCLAIN. H.R. 2283: Mr. CLEAVER. This bill is enacted pursuant to the power H.R. 333: Ms. LOFGREN. H.R. 2294: Ms. SCHRIER. granted to Congress under Article I of the H.R. 366: Mr. RUPPERSBERGER, Mr. SUOZZI, H.R. 2336: Mr. SOTO. United States Constitution and its subse- Mr. MCKINLEY, Mr. AMODEI, Mr. COOPER, and H.R. 2339: Mr. COLE. quent amendments, and further clarified and Mr. KEATING. H.R. 2341: Mr. DANNY K. DAVIS of Illinois. interpreted by the Supreme Court of the H.R. 379: Mr. KEATING, Mr. LOWENTHAL, and H.R. 2356: Mr. VEASEY. United States. Mr. COOPER. H.R. 2363: Mr. PFLUGER, Mrs. KIM of Cali- By Mr. LIEU: H.R. 392: Ms. LOFGREN. fornia, and Mr. GROTHMAN. H.R. 3313. H.R. 421: Mr. SAN NICOLAS. H.R. 2368: Mr. KILMER. Congress has the power to enact this legis- H.R. 431: Mrs. HARTZLER, Mr. KATKO, Ms. H.R. 2383: Ms. SCANLON, Mr. GARBARINO, lation pursuant to the following: DELAURO, Mr. PRICE of North Carolina, Mr. Mr. JONES, Mr. COSTA, Mr. SAN NICOLAS, Mr. Article I Section VIII BLUMENAUER, Mr. QUIGLEY, Mr. MALINOWSKI, PASCRELL, Ms. CLARKE of New York, Mr. By Mr. MANN: and Mr. KILDEE. PETERS, Mr. ESPAILLAT, Mr. MALINOWSKI, Mr. H.R. 3314. H.R. 471: Mr. ALLEN. KILMER, Mr. LEVIN of Michigan, Mr. PA- H.R. 481: Mr. KUSTOFF, Mr. BACON, and Mr. Congress has the power to enact this legis- NETTA, Mr. EVANS, Mrs. CAROLYN B. MALO- KELLER. lation pursuant to the following: NEY of New York, Mr. RUSH, Mr. Article II, Section 3 of the United States H.R. 513: Mr. GUTHRIE. DESAULNIER, Ms. BROWNLEY, Mrs. MURPHY of Constitution, which states the President H.R. 550: Mr. FITZPATRICK. Florida, Ms. NORTON, Ms. LOIS FRANKEL of ‘‘. . . shall take Care that the Laws be faith- H.R. 695: Mr. CALVERT. Florida, Mr. QUIGLEY, Mr. MOULTON, Mr. fully executed.’’ H.R. 815: Ms. CRAIG. CA´ RDENAS, Mr. TONKO, Mr. HUFFMAN, Mr. By Mr. MURPHY of North Carolina: H.R. 821: Mrs. TRAHAN. CARSON, Mr. KHANNA, Ms. BONAMICI, Mr. H.R. 3315. H.R. 825: Ms. BUSH, Mr. HIGGINS of New Congress has the power to enact this legis- York, Ms. SEWELL, and Ms. MOORE of Wis- BRENDAN F. BOYLE of Pennsylvania, Mr. BLU- lation pursuant to the following: consin. MENAUER, Mr. SMITH of Washington, Mrs. Article I, Section 8 of the United States H.R. 848: Mrs. NAPOLITANO. BEATTY, Mr. TORRES of New York, Mr. PAL- Constitution. H.R. 859: Mr. NORMAN and Mr. ALLEN. LONE, Ms. LEE of California, Mrs. AXNE, Mr. By Mr. NEWHOUSE: H.R. 869: Mr. RUPPERSBERGER, Mr. SUOZZI, Ms. BLUNT ROCHESTER, Mr. LYNCH, H.R. 3316. CLEAVER, Mr. SIRES, Ms. JACKSON LEE, Mr. Ms. DEAN, Mrs. LAWRENCE, Mr. COOPER, Mr. Congress has the power to enact this legis- KRISHNAMOORTHI, and Mr. MALINOWSKI. MEEKS, Mrs. DINGELL, Mr. CROW, Ms. WILD, lation pursuant to the following: H.R. 892: Mr. COLE. Mrs. WATSON COLEMAN, Mr. LOWENTHAL, Mr. Article One, Section 8, United States Con- H.R. 922: Mr. SHERMAN and Mr. WILSON of BERA, Mr. POCAN, Ms. ROSS, Ms. STEVENS, stitution South Carolina. Ms. KUSTER, Ms. JAYAPAL, Mr. LARSON of By Ms. NEWMAN: H.R. 959: Mr. DELGADO. Connecticut, Mrs. HAYES, Ms. SLOTKIN, Miss H.R. 963: Mr. KIND, Ms. SLOTKIN, and Ms. H.R. 3317. RICE of New York, Ms. PORTER, Mrs. WEXTON. Congress has the power to enact this legis- MCBATH, Ms. ESHOO, Mr. PAPPAS, Ms. H.R. 1012: Ms. SCANLON. lation pursuant to the following: WEXTON, Mr. KIND, Mrs. TORRES of Cali- Article 1, Section 8, Clause 3 H.R. 1057: Mr. WELCH and Mr. SARBANES. H.R. 1160: Mr. GOOD of Virginia and Mr. fornia, Mr. RASKIN, Mr. YARMUTH, Mr. By Mr. PERLMUTTER: GOTTHEIMER, Ms. CRAIG, Mr. CASTEN, and Ms. H.R. 3318. ALLEN. MCCOLLUM. Congress has the power to enact this legis- H.R. 1283: Mrs. BICE of Oklahoma and Mr. H.R. 2396: Ms. DEGETTE. lation pursuant to the following: CARL. H.R. 2418: Mr. EVANS. Article I Section 8 H.R. 1284: Mr. GROTHMAN and Mrs. STEEL. H.R. 2441: Mr. CLYDE, Mr. HARDER of Cali- By Mr. POSEY: H.R. 1297: Ms. LOIS FRANKEL of Florida and fornia, and Ms. SCHRIER. H.R. 3319. Ms. SLOTKIN. Congress has the power to enact this legis- H.R. 1304: Mr. COLE. H.R. 2461: Mr. TRONE. H.R. 2466: Ms. SEWELL. lation pursuant to the following: H.R. 1339: Mr. KAHELE. Article I, Section 8 H.R. 1346: Mr. CASE. H.R. 2486: Mr. LATURNER and Mr. CARL. H.R. 2520: Mr. BUCK. By Mr. RUSH: H.R. 1348: Ms. CHU. H.R. 3320. H.R. 1361: Mr. BOST. H.R. 2544: Ms. SEWELL. Congress has the power to enact this legis- H.R. 1456: Ms. BASS and Ms. KAPTUR. H.R. 2573: Mr. KILDEE, Mr. EVANS, Mr. ROD- lation pursuant to the following: H.R. 1483: Mr. LAHOOD. NEY DAVIS of Illinois, Ms. CHU, Mr. Article 1, Section 8 H.R. 1488: Mr. PHILLIPS. BALDERSON, Mr. HUDSON, and Ms. SA´ NCHEZ. By Ms. SA´ NCHEZ: H.R. 1522: Mr. MULLIN. H.R. 2580: Mr. SAN NICOLAS, Ms. TITUS, and H.R. 3321. H.R. 1551: Ms. DEGETTE. Mr. SIRES. Congress has the power to enact this legis- H.R. 1577: Ms. MATSUI. H.R. 2584: Mr. BOWMAN and Ms. CLARKE of lation pursuant to the following: H.R. 1588: Mrs. LESKO. New York. Article 1, Section 8 H.R. 1693: Mr. JOHNSON of South Dakota. H.R. 2589: Ms. LOIS FRANKEL of Florida. H.R. 1730: Mr. DELGADO. By Mr. SESSIONS: H.R. 2590: Ms. PINGREE. H.R. 1746: Mrs. LESKO. H.R. 3322. H.R. 2631: Ms. ROSS. H.R. 1749: Mr. THOMPSON of Mississippi. Congress has the power to enact this legis- H.R. 2643: Ms. PORTER. H.R. 1783: Ms. NORTON. lation pursuant to the following: H.R. 2661: Mrs. WATSON COLEMAN. H.R. 1793: Mr. SMITH of Washington. United States Constitution, Article I, Sec- H.R. 2673: Ms. SCANLON. H.R. 1843: Mr. MFUME. H.R. 2674: Ms. SCANLON. tion 8, Clause 1 H.R. 1863: Ms. SCANLON. H.R. 2721: Ms. BROWNLEY. By Mr. TORRES of New York: H.R. 1916: Mr. JACOBS of New York, Ms. H.R. 2724: Mrs. HAYES. H.R. 3323. SHERRILL, Mrs. KIRKPATRICK, and Mr. JACK- Congress has the power to enact this legis- H.R. 2759: Mr. AMODEI and Mr. ADERHOLT. SON. lation pursuant to the following: H.R. 2773: Mr. BLUMENAUER, Mr. RUTHER- H.R. 1947: Mr. SAN NICOLAS. Article I, section 8. FORD, Mr. KILDEE, Mr. CROW, and Ms. H.R. 1983: Ms. NORTON and Ms. LOFGREN. DEGETTE. By Mr. WILLIAMS of Texas: H.R. 1990: Mr. LUETKEMEYER. H.R. 3324. H.R. 2021: Mr. SOTO. H.R. 2785: Mr. SHERMAN and Mr. CICILLINE. Congress has the power to enact this legis- H.R. 2049: Ms. WILD. H.R. 2798: Mr. JACKSON. lation pursuant to the following: H.R. 2050: Ms. MACE, Mr. GUEST, and Mr. H.R. 2811: Mr. CARBAJAL. Article 1, Section 8 of the Constitution of ALLRED. H.R. 2814: Ms. SEWELL and Mr. KHANNA. the United States. H.R. 2056: Mrs. BICE of Oklahoma. H.R. 2833: Ms. SCANLON. f H.R. 2079: Mr. COLE and Mr. PANETTA. H.R. 2839: Mr. CASE. ADDITIONAL SPONSORS H.R. 2085: Mr. CROW. H.R. 2840: Mr. DEFAZIO, Mr. MOULTON, and Mr. GIMENEZ. Under clause 7 of rule XII, sponsors H.R. 2104: Mrs. LURIA. H.R. 2126: Mr. VAN DREW. H.R. 2874: Mrs. MCCLAIN. were added to public bills and resolu- H.R. 2138: Mr. NADLER and Mr. COHEN. H.R. 2879: Mr. PERRY. tions, as follows: H.R. 2154: Ms. SCHRIER and Mr. LEVIN of H.R. 2886: Mr. GRIJALVA. H.R. 82: Mr. RUTHERFORD. California. H.R. 2901: Mrs. MILLER-MEEKS and Mr. H.R. 95: Mr. STEWART. H.R. 2175: Mr. MCCLINTOCK and Mrs. MIL- KATKO. H.R. 255: Mrs. HAYES and Mr. CARTWRIGHT. LER of Illinois. H.R. 2903: Mr. LEVIN of California, Ms. H.R. 256: Ms. MANNING and Mr. H.R. 2184: Mr. HUFFMAN. SPANBERGER, Mr. SUOZZI, Mr. SCHNEIDER, and BUTTERFIELD. H.R. 2192: Mr. CARBAJAL and Mr. PALAZZO. Mr. COLE.

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H.R. 2908: Ms. NORTON and Mr. CARSON. OMAR, Mr. BERA, Ms. SLOTKIN, Ms. PORTER, H. Res. 352: Mr. SMITH of Nebraska. H.R. 2974: Ms. SALAZAR, Mr. KAHELE, Mr. Mr. VARGAS, Mr. CASTRO of Texas, and Mr. H. Res. 376: Mrs. CAROLYN B. MALONEY of SCHNEIDER, Mr. PETERS, and Mr. CARSON. KEATING. New York. H.R. 3042: Mr. YOUNG. H.R. 3264: Mr. MEIJER, Ms. SLOTKIN, Mrs. H. Res. 381: Ms. CHU and Ms. JACKSON LEE. H.R. 3069: Mr. JACOBS of New York. CAMMACK, and Mr. PFLUGER. H.R. 3076: Mr. LYNCH and Mrs. LAWRENCE. H.R. 3266: Mrs. MILLER of Illinois. H. Res. 386: Mr. COLE. H.R. 3077: Ms. NORTON. H.R. 3275: Mrs. MCCLAIN. H. Res. 388: Mr. KUSTOFF. H.R. 3083: Mr. HORSFORD, Ms. SCANLON, Mr. H.R. 3283: Mr. MCCAUL, Mr. CICILLINE, Mr. H. Res. 394: Ms. STEFANIK, Mr. SMITH of Ne- LOWENTHAL, Mr. SEAN PATRICK MALONEY of MCGOVERN, Mr. AUCHINCLOSS, Mr. SHERMAN, braska, and Ms. LETLOW. New York, and Mr. NADLER. Ms. TITUS, Ms. OMAR, Mr. BERA, Ms. SLOTKIN, H.R. 3088: Mr. SARBANES. Ms. PORTER, and Mr. VARGAS. H. Res. 396: Mrs. GREENE of Georgia, Mr. H.R. 3101: Ms. LETLOW and Mr. GUTHRIE. H.R. 3285: Mr. SMITH of Washington. FERGUSON, Mr. GOODEN of Texas, Mr. H.R. 3130: Mr. KATKO and Mr. GOODEN of H.R. 3287: Ms. OMAR. SMUCKER, Mrs. BOEBERT, Mr. GRAVES of Lou- Texas. H.J. Res. 11: Mr. JACOBS of New York, Mr. isiana, Mr. TURNER, Mr. WOMACK, Mr. BIGGS, H.R. 3134: Mr. MURPHY of North Carolina ROGERS of Kentucky, Mr. ESTES, and Mr. Mr. WITTMAN, Mr. YOUNG, and Mr. MEIJER. and Mr. WILSON of South Carolina. JOHNSON of Ohio. H. Res. 397: Mr. FULCHER and Mr. NORMAN. H.R. 3135: Ms. NORTON, Mr. CARTWRIGHT, H. Res. 88: Ms. STEFANIK. H. Res. 402: Mrs. KIM of California, Mr. Mr. GARCI´A of Illinois, Ms. KUSTER, Mr. LIEU, H. Res. 118: Ms. CHENEY. CASE, Mr. BERA, Ms. STEVENS, Mr. CICILLINE, Ms. WILD, Ms. ESHOO, Mr. SUOZZI, and Ms. H. Res. 159: Ms. STRICKLAND. H. Res. 275: Ms. CLARKE of New York, Mr. Ms. ESHOO, Mr. MORELLE, and Mr. COSTA. BONAMICI. QUIGLEY, Mr. PASCRELL, Ms. WASSERMAN H.R. 3138: Ms. SLOTKIN. H. Res. 408: Mr. LEVIN of Michigan, Mr. H.R. 3145: Mr. PERRY and Mr. ALLEN. SCHULTZ, Mr. RUPPERSBERGER, Mr. LYNCH, POCAN, Mr. COSTA, Mr. SHERMAN, Ms. TITUS, H.R. 3155: Mr. TRONE. Mr. PHILLIPS, Mr. COURTNEY, Ms. PRESSLEY, Mr. KINZINGER, Ms. SPANBERGER, Mr. PA- H.R. 3179: Mr. MURPHY of North Carolina Mrs. LEE of Nevada, Ms. ESHOO, Mr. NETTA, Ms. CLARKE of New York, Ms. and Mr. WILSON of South Carolina. MCEACHIN, Ms. KAPTUR, Mr. SIRES, Mr. MALLIOTAKIS, Ms. BARRAGA´ N, and Mr. H.R. 3185: Mr. JOHNSON of South Dakota. MOULTON, Mr. SHERMAN, Ms. SHERRILL, Mr. FITZPATRICK. H.R. 3196: Mrs. HAYES. HIGGINS of New York, Mr. SCHRADER, Miss H.R. 3215: Mr. KHANNA and Mr. RICE of New York, Ms. LOIS FRANKEL of Flor- f FITZPATRICK. ida, Mr. CORREA, Mrs. HAYES, Ms. MANNING, H.R. 3223: Mr. SOTO. Ms. DEGETTE, Ms. PINGREE, Mr. THOMPSON of H.R. 3235: Mr. NORMAN. Mississippi, Mr. MFUME, Mr. BUTTERFIELD, DELETIONS OF SPONSORS FROM H.R. 3252: Mr. VAN DREW. Mr. CASTEN, Mr. CLEAVER, Ms. BUSH, and Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 3254: Mr. GOOD of Virginia, Mr. CARL, DAVID SCOTT of Georgia. Mr. WALBERG, Mr. UPTON, and Mr. HIGGINS of H. Res. 289: Ms. KUSTER, Mr. NADLER, Mr. Under clause 7 of rule XII, sponsors Louisiana. SARBANES, and Mr. WILLIAMS of Texas. were deleted from public bills and reso- H.R. 3256: Mr. BIGGS. H. Res. 348: Ms. MANNING, Mr. STEUBE, Mr. lutions, as follows: H.R. 3261: Mr. CICILLINE, Mr. AUCHINCLOSS, ZELDIN, Mr. CASE, Mr. SCHNEIDER, Mr. SHER- Mr. MCGOVERN, Mr. SHERMAN, Ms. TITUS, Ms. MAN, and Ms. SPANBERGER. H.R. 3287: Mr. LAMALFA.

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Vol. 167 WASHINGTON, TUESDAY, MAY 18, 2021 No. 86 Senate The Senate met at 10 a.m. and was Mr. WARNOCK thereupon assumed sion vehicles. We call it Clean Cars for called to order by the Honorable RAPH- the Chair as Acting President pro tem- America. The goal of that plan is that AEL G. WARNOCK, a Senator from the pore. by 2040, all vehicles on the road should State of Georgia. f be clean. The International Energy f Agency, by the way, recommends the RESERVATION OF LEADER TIME world reach that target by 2050. So we PRAYER The ACTING PRESIDENT pro tem- beat them by 10 years, if this proposal The Chaplain, Dr. Barry C. Black, of- pore. Under the previous order, the goes into effect. fered the following prayer: leadership time is reserved. My plan would help us get there 10 Let us pray. years ahead of time. It is one of the Eternal God, do not permit nega- f many reasons that President Biden put tivity to triumph over us. Use our Sen- RECOGNITION OF THE MAJORITY Clean Cars for America at the heart of ators to remind us with their faith and LEADER his American Jobs Plan, something I works that the best is yet to be. As The ACTING PRESIDENT pro tem- hope and expect he will discuss today they remember that Your mighty pore. The majority leader is recog- power is at work in our Nation and in Michigan. nized. world, may their optimism create a I want to thank the Biden adminis- contagion of hope. f tration. They have been open to many new ideas: the American Competitive Lord, continue to accomplish in our SENATE LEGISLATIVE AGENDA lives infinitely more than we request Innovation Act that we will be debat- or imagine. We exalt You, for You con- Mr. SCHUMER. Mr. President, a ing today and Clean Cars for America, tinue to rescue us. We trust You to landmark report from the Inter- which they have more or less adopted save us though the storms may rage. national Energy Agency says countries in whole and put into their Build Back We pray in Your glorious Name. need to move faster and more aggres- Better plan. Amen. sively to cut planet-warming pollution. The benefits would be far-reaching, f That is from the New York Times far beyond the subject of climate this morning. The International En- change. For a long time, critics have PLEDGE OF ALLEGIANCE ergy Agency, for the first time, is rec- been saying you can’t help the environ- The Presiding Officer led the Pledge ommending specific steps to accom- ment without hurting the economy or of Allegiance, as follows: plish the drastic cuts in carbon emis- costing jobs. Not so, it is actually the I pledge allegiance to the Flag of the sions that nearly every developed coun- reverse. United States of America, and to the Repub- try has pledged to achieve. One of the We negotiated the Clean Cars for lic for which it stands, one nation under God, principal recommendations is ‘‘the America proposal with the unions, with indivisible, with liberty and justice for all. rapid phase-out of gasoline-powered ve- the environmental groups, and with f hicles.’’ the auto companies, and all three are APPOINTMENT OF ACTING It just so happens that this report onboard. The good news is that Clean PRESIDENT PRO TEMPORE lands on the same day that President Cars for America would create tens of The PRESIDING OFFICER. The Biden is in Michigan to celebrate the thousands of good-paying union jobs in clerk will please read a communication release of a new line of electric pickup battery manufacturing, construction, to the Senate from the President pro trucks. As one of the best-selling cars and auto making. Through targeted in- tempore (Mr. LEAHY). in America, replacing gasoline pickups vestments, it would put Americans to The senior assistant legislative clerk with electric pickups could save us work all across the country building read the following letter: huge amounts of carbon. charging stations for a new fleet of U.S. SENATE, But we shouldn’t stop there. Trans- electric cars. Right now, China leads PRESIDENT PRO TEMPORE, portation still accounts for roughly the world in the electric vehicle mar- Washington, DC, May 18, 2021. one-third of America’s carbon output. ket, overtaking us in 2015. We need to To the Senate: There is no way the United States can take back the initiative and create Under the provisions of rule I, paragraph 3, reduce its greenhouse gas emissions thousands upon thousands of good-pay- of the Standing Rules of the Senate, I hereby without looking out how Americans ing jobs as we do. appoint the Honorable RAPHAEL G. WARNOCK, a Senator from the State of Georgia, to per- drive. I am very glad that the Biden admin- form the duties of the Chair. So I have put forward an ambitious, istration has taken this proposal and PATRICK J. LEAHY, comprehensive proposal to accelerate adopted it. We worked, as I said, long President pro tempore. our country’s transition to zero-emis- and hard, for the first time on a major

∑ 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 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.000 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2554 CONGRESSIONAL RECORD — SENATE May 18, 2021 environmental proposal to bring our path to outinnovate, outproduce, and discriminated against or at least who friends in the union movement onboard outcompete the world in emerging in- allege discrimination, making it easier so that workers saw that their future— dustries of the 21st century, with pro- for corporations to slow down inves- a bright future, a prosperous future— found consequences for our economic tigations and even retaliate against was with clean energy, that we weren’t and national security. If we don’t lead workers. excluding them but including them. in science and innovation, we will fall Today’s vote will use the Congres- That is why, unlike many proposals way behind. If we don’t lead in science sional Review Act process to imme- in the past, my Clean Cars for America and innovation, millions of good-pay- diately repeal this rule change. proposal unites the environmental ing jobs that will be available to this At every opportunity, the Trump ad- community, the labor movement, and generation and the next one will go ministration seemingly relished in major automakers. The Sierra Club, poof—gone. We have no choice. We making life harder for working Ameri- UAW, Ford, and GM are all supportive. have no choice. cans, while stacking the deck in favor Isn’t that amazing? Isn’t that great? We have always led, and now we have of unscrupulous corporations. Now that When you want to get something fallen behind. Other countries are in- Donald Trump is President no more— done in Washington, you need to build vesting more than we are. They are not thank God, I say—we have a chance to a broad and powerful coalition for sup- as good at it as we are. They are not as undo this terrible rule and give work- port. That is what we did with Clean innovative as we are. But if they put in ers the confidence that the Federal Cars for America. The Senate and the the dollars and we don’t, woe is us. Woe Government is in their corner. country should prioritize it this year. is us. f f So when you ask Americans why they are upset and they say: We are not COVID–19 HATE CRIMES ACT ENDLESS FRONTIER ACT sure about our future. We are not sure Mr. SCHUMER. Finally, on Asian Mr. SCHUMER. Now, on the Endless if our children will have better jobs hate crimes, I am delighted the House Frontier Act, last night the Senate than we will. We are not sure that our will pass the Anti-Asian hate crimes voted to move forward with the End- jobs will grow. This is the way to do it. bill today, which passed the Senate less Frontier Act with a vote of 86 to This is the key. This unlocks our fu- last month with overwhelming bipar- 11. It is likely that today the Senate ture to a bright, sunny America, the tisan support. Once the legislation is will take another step to begin debate way we have always had, but we may approved by the House, it will go di- on the bill. It is my intention to have have lost in the last few years, at least rectly to the President’s desk. I expect an open, bipartisan amendment proc- to some extent. it will be signed into law later this ess. I am so glad that this legislation, week. The Endless Frontier Act already in- which we worked so hard on, has bipar- Discrimination against Asian Ameri- cludes more than 20 bipartisan amend- tisan support. It is a place where we cans is, sadly, not a new phenomenon ments from the Commerce Committee, can unite America and say we will stay in our Nation’s history, but the pan- under the leadership of Senator CANT- No. 1, and we are giving our country, demic brought old biases and preju- WELL and Ranking Member WICKER. I our universities, our businesses, our dices back to the foreground. will expect we will consider several workers tools to do it. This legislation will strengthen law more here on the floor of the Senate. f enforcement’s ability to detect, deter, Later today, I will file a substitute and prosecute hate crimes of all vari- amendment that pulls together more EQUAL EMPLOYMENT eties, especially hate crimes involving bipartisan legislation from across Sen- OPPORTUNITY COMMISSION Asian Americans. It sends a powerful ate committees into our comprehen- Mr. SCHUMER. Next is the EEOC message of solidarity to all our friends sive bill that we are now calling the CRA. Today, the Senate will vote to in the Asian American community. It U.S. Innovation and Competition Act. overturn yet another terrible regula- is so important, so vital, so strong, and In addition to Chairwoman CANTWELL tion approved during the final days of an important piece of the puzzle of how and Ranking Member WICKER, I want the Trump administration, a rule that we build a better future in America. to thank Chairman MENENDEZ and actually makes it harder for victims of I thank my colleagues from both Ranking Member RISCH of Foreign Re- employment discrimination to get jus- Chambers, from Senators Hirono and lations; Chairman BROWN and Ranking tice. Duckworth in the Senate to Represent- Member TOOMEY of Banking; Chairman For decades, the Equal Employment ative MENG in the House and all those PETERS and Ranking Member PORTMAN Opportunity Commission, or EEOC, has who improved the legislation through of HSGAC; Chairwoman MURRAY and protected employees against workplace the amendment process here in the Ranking Member BURR of HELP; and discrimination. If a worker believes Senate. Chairman DURBIN, Ranking Member they were targeted by their employer Today, we are another step closer to GRASSLEY, and Senator KLOBUCHAR of because of their age, their sex, their re- making progress in the fight against Judiciary. ligion, their disability, or any other racial discrimination and violence Finally, I want to thank the bipar- unlawful basis—their race—the EEOC aimed at Asian Americans in recent tisan group of Senators working on the can conduct an investigation and begin months. The Senate can be proud it CHIPS and 5G proposals throughout a conciliation process. took the lead. the process—not only Senators CANT- Rather than force employees to sue I yield the floor. WELL and WICKER but Senators WAR- in court, where well-heeled corpora- I suggest the absence of a quorum. NER, KELLY, CORNYN, COTTON, LEAHY, tions can afford high-priced lawyers The ACTING PRESIDENT pro tem- and STABENOW. and the plaintiff almost has no chance pore. The clerk will call the roll. Restoring America’s competitive of winning, conciliation gives the The senior assistant legislative clerk edge should unite Senators from both EEOC the power to fight on workers’ proceeded to call the roll. sides of the aisle. The foundation of the behalf against discriminatory behavior Mr. MCCONNELL. Mr. President, I past century of American prosperity and win some speedy and effective re- ask unanimous consent that the order has been our leadership in science, sults. for the quorum call be rescinded. technology, and innovation. If we are So, of course, the Trump administra- The ACTING PRESIDENT pro tem- going to win the next century, the tion, in another example of their cal- pore. Without objection, it is so or- United States needs to be the one dis- lousness, another example where they dered. covering the next groundbreaking tech- talk about working people but don’t f nology. care about them and do things to help We had that opportunity, for in- them, sort of nastily—almost vi- RECOGNITION OF THE MINORITY stance, with tech, and we lead the ciously—changed the rules on concilia- LEADER world because of early investments by tion at the EEOC to put a large thumb The ACTING PRESIDENT pro tem- NSF and DARPA. We have the oppor- down on the scale in favor of corpora- pore. The Republican leader is recog- tunity now to set our country on a tions and against individuals who were nized.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.002 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2555 STATE BUDGETS ENDLESS FRONTIER ACT tion since 1977. It said that the em- Mr. MCCONNELL. Mr. President, re- Mr. MCCONNELL. Now, Mr. Presi- ployer in question deserves a written cent headlines have reinforced a warn- dent, on an entirely different matter, summary of the facts behind a coming that Republicans and economic ex- yesterday, the Senate took a step to- plaint, a written explanation of the perts have been articulating literally ward considering wide-ranging legisla- legal justification, a few other details, for months: The massive spending the tion that would touch on multiple and 14 days to respond. Sounds pretty Democrats insisted upon at the outset parts of the U.S. economy in the name reasonable. This helps ensure the Com- of the Biden administration was not in of increasing innovation and competi- mission is making a good-faith effort step with actual needs. tiveness. to see if the dispute can be settled out- Yesterday, I talked about some of the A secure, productive, and innovative side of court before beginning a costly, ways the multitrillion-dollar spending America that can outcompete China is adversarial process. spree rammed through in March has something that all 100 Senators want. Apparently, even these modest steps actually delayed our reopening and our Of course, in a place like the Senate, were too much for my friends on the recovery: about the disappointing fall- you are guaranteed to find a wide vari- Democratic side. They want to roll off in hiring, despite a historic number ety of different ideas about the best back this progress. A number of groups of open jobs, after the Democrats re- ways to encourage that. A number of have asked them not to do this, from newed a Federal program that pays our colleagues have assembled a pro- small business owners, to builders and people extra not to work. Well, here is posal that touches on a long list of subcontractors, to restaurant owners, to another misplaced priority from that jects—everything from funding univer- retailers, and beyond. These are the spending spree: our Democratic friends’ sities, to regional economic develop- same employers who are already strug- insistence on stuffing another wheel- ment, to Indo-Pacific geopolitics, to gling to climb back out of this pan- barrow of cash into the accounts of artificial intelligence, to cyber secu- demic and rehire workers. They don’t State and local governments that were rity, and beyond. Legislation this need any more Washington headwinds already rebounding from the crisis. broad needs a thorough, robust, and bi- in their faces, and taxpayers don’t need Back in February, as the Democrats partisan floor process, including a more of their dollars being funneled insisted States were in dire need of an- healthy series of amendment votes. back toward trial lawyers. So I would other huge bailout, 29 of the 50 States As one of my Republican colleagues— urge Senators to vote against this reso- were actually closing a 12-month chap- the ranking member on the Commerce lution so the current, improved rule ter in which their revenues met or ex- Committee—explained, as he supported can actually be left in place. ceeded the year before. Twenty-nine of moving the legislation out of com- I suggest the absence of a quorum. the fifty States were actually closing a mittee, the current draft is ‘‘not ready The ACTING PRESIDENT pro tem- 12-month chapter in which their reve- for prime time’’ yet and deserves a ro- pore. The clerk will call the roll. The senior assistant legislative clerk nues met or exceeded the year before bust process here on the floor. proceeded to call the roll. the pandemic. I understand this bill has come to the The faster-than-expected economic Mr. THUNE. Mr. President, I ask floor with a bipartisan understanding recovery, combined with the five bipar- unanimous consent that the order for and the Democratic leader’s assurances tisan bills Congress passed in 2020, left the quorum call be rescinded. that there won’t be an effort to close a lot of cities and States in even better The ACTING PRESIDENT pro tem- debate on amendments prematurely. shape in exiting the pandemic than pore. Without objection, it is so or- So I look forward to the Senate’s con- they were heading into it. Rising tax dered. sidering these important issues, and I revenues had put these States in a po- hope all of this interest in our competi- f sition not only to weather pandemic- tion with China will lead our Demo- CONCLUSION OF MORNING related downturns but to fill in pre- cratic friends to rethink President BUSINESS existing budgetary potholes that actu- Biden’s intention to cut our defense ally had nothing to do with COVID The ACTING PRESIDENT pro tem- spending after inflation. The single hardships. pore. Morning business is closed. best thing we can do to stay competi- Of course, that didn’t stop the Demo- f crats from cramming nearly another tive with China is to give our Armed LEGISLATIVE SESSION $200 billion in State bailouts into the Forces the resources they need to stay American Rescue Plan. Impressively, competitive with China. --- California got its hands on $26 billion f ENDLESS FRONTIER ACT-MOTION of the $200 billion. By the way, the EQUAL EMPLOYMENT TO PROCEED—Resumed State of California now claims it al- OPPORTUNITY COMMISSION The ACTING PRESIDENT pro tem- ready has a budget surplus three times pore. Under the previous order, the that size—three times that size of a Mr. MCCONNELL. Mr. President, on Senate will resume consideration of budget surplus—and we are sending one final matter, sometime soon, we the motion to proceed to S. 1260, which them another $26 billion. also expect to vote on a Democratic They are having to brainstorm new resolution to overturn a rule put in the clerk will report. ideas to spend the unneeded avalanche place by the previous administration. The senior assistant legislative clerk of cash. I understand the State’s Gov- Under Republican leadership, the Equal read as follows: ernor has come up with one idea he Employment Opportunity Commis- Motion to proceed to Calendar No. 58, S. likes. He is planning to cut a timely sion—an aggressive Washington regu- 1260, a bill to establish a new Directorate for Technology and Innovation in the National round of State-level stimulus checks to lator of the American job market— Science Foundation, to establish a regional include people who are in the country issued modified marching orders that technology hub program, to require a strat- illegally—just in time for his recall increased transparency and decreased egy and report on economic security, election later this year. Is that the the odds of expensive lawsuits. science, research, innovation, manufac- kind of urgent priority the Democrats Several years back, one investigation turing, and job creation, to establish a crit- had in mind when they used COVID to found the EEOC had become very ag- ical supply chain resiliency program, and for push through what they called the gressive and was perpetrating a kind of other purposes. ‘‘most progressive’’ legislation in his- legal harassment on job creators, often The ACTING PRESIDENT pro tem- tory? leaving American taxpayers on the pore. The Republican whip. Experts warned it was poorly tar- hook for court cases which the Com- BUREAU OF LABOR STATISTICS APRIL JOBS geted, and Republicans said American mission had actually lost. Taxpayers REPORT families deserved better, but the big were paying to sue job creators and Mr. THUNE. Mr. President, Ronald catalog of political payouts was pushed lose in court, so the Republicans up- Reagan once said that the nine most right through. Let’s remember exactly dated their guidance. It was the first terrifying words in the English lan- how this played out before we are substantial update of the way the guage are ‘‘I’m from the government, doomed to repeat it again. EEOC handles disputes and concilia- and I’m here to help.’’

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.004 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2556 CONGRESSIONAL RECORD — SENATE May 18, 2021 He was partially joking, of course, It is not surprising. If individuals can are no longer being forced to stay home but what he was getting at is that gov- make as much or more sitting at home while businesses close their doors. Our ernment is not always the solution, instead of working, it is not very economy is back up and running, and and the government can sometimes do shocking that many would choose not businesses are desperate for workers. more harm than good, and we are defi- to work. We should be doing everything that nitely seeing some evidence of that The long-term increase in unemploy- we can to get Americans back to work, right now. ment benefits is not, of course, the and Democrats’ $1.9 trillion boondoggle On May 7, the Bureau of Labor Sta- only factor keeping people from re- isn’t helping us with that goal. tistics released the April jobs report. turning to the workforce, but it is A Democratic operative famously With businesses desperate to hire and clear that it is one substantial reason said: ‘‘Never let a serious crisis go to vaccinations increasing daily, the re- why businesses are struggling to find waste.’’ And as our economy has recov- port was expected to be big, with a workers. ered, a lot of Democrats have seemed good chance that a million or more In the wake of April’s dismal jobs re- very unwilling to let go of the pan- workers would be hired. port, Democrats, of course, were quick demic. I don’t know if that is because But that is not what happened. Just to discredit or downplay any associa- Democrats want to take credit for get- 266,000 workers were hired, despite the tion between increased unemployment ting our Nation out of this, even fact that there were 8.1 million job benefits and the reluctance of some though all the essential groundwork openings as of the end of March, and workers to come off the sidelines. for our massive vaccination campaign The President’s Treasury Secretary the unemployment rate ticked up. and our economic recovery was laid in That is right. Despite the fact that suggested that a significant reason for the previous administration or if it is businesses are desperate to hire work- not returning to work was the fact that because Democrats think that the ers, the unemployment rate actually schools have not fully reopened. Well, COVID crisis will provide them with increased, and it turns out that we that is definitely another factor, and it don’t have to look far for one of the is a problem Democrats could have ad- the cover they need to permanently in- reasons—Democrats’ massive, partisan dressed with their March COVID legis- crease government spending and gov- spending bill, which, among others lation. ernment intervention on a massive things, extended the expanded unem- Democrats directed tens of billions of scale. But whatever their motivation, ployment benefits to September of this additional dollars to schools in their the fact is that Democrats need to real- year, to the point where many workers legislation, most of which will be used ize that it is time—it is time to get are making more staying home than long after the pandemic is over. government out of the way of the re- they would be going back to work. Republicans repeatedly urged Demo- covery, and that should start with in- Increasing unemployment benefits crats to tie this funding to school re- creasing, not decreasing, incentives for was the right thing to do early in the opening, but the teachers unions were Americans to get back to work. pandemic. Businesses were closed, not too interested in returning to As we are seeing right now, some- workers were being forced to say home, school, and Democrats have made it times throwing government money at a and the landscape was bleak. But even very clear that unions’ wish is Demo- situation can do more harm than good. last year it became clear that our econ- crats’ command. I yield the floor. omy was starting to rebound. And so Democrats gave schools bil- I suggest the absence of a quorum. That didn’t mean it was time to lions of additional dollars to respond to The ACTING PRESIDENT pro tem- eliminate all government help, but it COVID, without actually requiring pore. The clerk will call the roll. did mean that we needed to calibrate schools to follow the science and re- The senior assistant legislative clerk the help to actual need. open. proceeded to call the roll. But Democrats consistently rejected And so, yes, many parents are strug- Mr. COTTON. Mr. President, I ask that line of thinking, and despite the gling with returning to work because unanimous consent that the order for fact that we had passed our fifth bipar- their kids are still not fully back to in- the quorum call be rescinded. tisan COVID relief bill in December— person learning, and it is too bad that The PRESIDING OFFICER (Mr. bringing the total amount of COVID Democrats were more committed to PADILLA). Without objection, it is so funding the Federal Government had satisfying the teachers unions than ordered. provided to $4 trillion—weeks later, getting kids back to the classroom. ISRAEL Democrats announced that we needed Before Democrats passed their Mr. COTTON. Mr. President, over the another massive COVID relief bill. COVID bill, there were concerns that Republicans tried to suggest that the size of it could end up overstimu- weekend, Israeli fighter jets demol- maybe we should keep it carefully tar- lating the economy and thus driving up ished an office building in Gaza that geted to meet remaining needs without inflation. Even some liberal econo- housed the members of Hamas, the ter- wasting taxpayer dollars or running mists sounded the alarm over the size rorist organization dedicated to wiping the risk of overstimulating the econ- of Democrats’ coronavirus legislation. Israel and its people off the map, and omy and driving up inflation, but But, again, Democrats were not about they are actively pursuing that mis- Democrats were having none of that. to listen to any calls to reduce the size sion as we speak by firing thousands of This was urgently needed funding, we of their massive spending bill. rockets and missiles indiscriminately were told. America needed a massive And while the full results of Demo- into Israeli cities. rescue plan to save us from the virus, crats’ spending spree have yet to be To minimize civilian casualties, the and Democrats were going to make it seen, there are already signs that infla- Israeli Defense Forces gave persons in happen. tion may be becoming a problem. the building 1 hour advance notice the Well, as it turns out, that massive Consumers are seeing increases—in building was coming down. Everyone rescue package was too massive. Demo- some cases, steep increases—in the evacuated safely, including, one sadly crats insisted on extending increased price of everything from groceries to assumes, Hamas fighters. When the air- unemployment benefits to September used cars, to trucks. strike came, there were no reported ci- of this year, and now we are seeing the There is no question that govern- vilian casualties. result. ment had a significant role to play in Certain activists in the press seem to Reports suggest that many people responding to the COVID crisis. That is meet every Israeli airstrike against are declining to return to work because why a Republican-led Senate passed terrorists with outrage, but this one they can make more money staying five—five—COVID relief bills, totaling elicited even more self-righteous indig- home and drawing unemployment ben- $4 trillion, and why we supported ev- nation than usual. It quickly came to efits. That is right. Jobs are avail- erything from increased unemploy- light that the Associated Press and Al able—the number of job openings is ment benefits to forgivable loans to Jazeera had news bureaus in that very very high—but thanks to Democrats’ help small businesses weather the building. The AP had lost prime real long-term extension of increased unem- virus. estate in the strike—real estate with a ployment benefits, some workers are But as the crisis wanes, so should the rooftop terrace. Some even lost their staying on the sidelines. role of government. American workers cameras.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.005 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2557 The AP’s top newsman said he was they shared their building with Hamas The Senator from Iowa. ‘‘shocked and horrified’’ by an air- or that they didn’t know. PIPELINE INFRASTRUCTURE strike that caused no casualties. He Instead of uncovering the truth, the Mr. GRASSLEY. Mr. President, on also disclaimed any knowledge of AP concealed it. Then, when the IDF May 7, we learned of a cyber attack on Hamas’s presence in the building, de- carried out its fully justified and whol- the Colonial Pipeline. This resulted in spite ‘‘actively check[ing].’’ Many ly appropriate airstrike, the AP con- gas shortages and lines across the east other journalists and their advocacy demned Israel in one final parting gift coast. You see it on television every organizations also mounted up on their to their neighbors from Hamas. day. moral high horses against Israel. Now, one would think that this epi- During a news conference, Energy But the AP story just didn’t add up. sode might result in some soul-search- Secretary Granholm said: ‘‘Pipelines So I asked a few basic questions in a ing. The AP’s leadership might see it are the best way to transport fuel.’’ speech right here yesterday afternoon; as a humbling moment, instead of an This is certainly a fact. Pipelines are namely, why was the Associated Press opportunity to self-aggrandize and play much safer than transporting oil by sharing a building with Hamas in the the victim. But the AP’s willingness to rail or truck. Iowa has over 40,000 miles first place? Did it knowingly allow its double down on their Hamas apologism of pipeline which go largely unnoticed journalists to be used as human shields raises, yet again, some more uncom- but play a large role in providing our by a U.S.-designated terrorist organiza- fortable questions. Would the AP allow Nation’s transportation fuel. tion? Did the AP pull its punches and its reporters to share a building with It is not lost on millions of Ameri- decline to report for years on Hamas’s al-Qaida? What about ISIS? Because cans that this statement from the En- misdeeds? there are little differences between ergy Secretary comes from the same One would think that these are sim- these U.S.-designated terrorist organi- administration that, on day one, Janu- ple and reasonable questions, but I di- zations and Hamas. ary 20, shut down the Keystone Pipe- rected them to a media organization. Some prestigious news outlets have line. On day one, January 20, this ad- So the usual suspects circled the wag- fallen pretty far from the heights they ministration cut 10,000 jobs. Remem- ons, expressing more outrage at my au- once occupied. Being a reporter, and, ber, they ran on a platform of creating dacity to question AP’s leadership than certainly, a war correspondent, can be jobs. This has already resulted in rising they do at Hamas for trying to kill honorable work. Great men and gas prices like we are seeing across the Jews by the thousands. women, including Winston Churchill, country. In fact, gas prices will soon be Keith Olbermann called me an ‘‘anti- have dedicated themselves to the pro- more expensive than at any time since Constitution, anti-Free Press, racist fession. Correspondents have gone to the Obama administration. fascist.’’ One Slate reporter wrote that the frontlines and reported on some of This cyber attack on Colonial showed I was making ‘‘deranged insinuations’’ the deadliest conflicts in human his- America just how critical pipeline in- and going to ‘‘bat against civilians in a tory with courage, commitment to frastructure is for transportation and war-zone,’’ even though no civilians truth, and patriotism. how that affects national security. For had been harmed in this airstrike. During the Second World War, for ex- an administration that is stressing in- The constant refrain of their criti- ample, a great American named Ernie frastructure, maybe they should take a cism was that I was attacking the Pyle marched alongside GIs in North second look at the decision on January brave reporters of the Associated Africa, Italy, Normandy, and the Pa- 20 to shut down the Keystone XL Pipe- Press’s Gaza bureau. My claims were cific, reporting right up until the mo- line. I shudder to think that if the Co- baseless, reckless, ‘‘without evidence,’’ ment he was killed by Japanese ma- they claimed. But, in fact, there is lonial Pipeline were attempting to get chine-gun fire. He did some of his very a permit today, this administration plenty of evidence that some media best work for none other than the As- outlet station in Gaza allowed them- might not even allow the construction. sociated Press. The United States should be encour- selves to be used as pawns by Hamas. Ernie Pyle was the farthest thing aging private infrastructure invest- According to an article from the At- from an old press hack. He described lantic magazine in 2014, written by ment, not getting in the way of the fighting up close and advocated for progress that investment would bring. none other than, yes, a former Associ- better pay and conditions for the ated Press reporter, the AP had abun- As long as our country is still relying troops. He could be critical of the serv- on oil to fill our gas tanks, we need to dant reason to suspect Hamas’s pres- ices when they were wrong, but he ence years before the IDF informed have the infrastructure and security in never forgot whose side he was on, and place so that what happened last week them by telephone last weekend. Ac- he never gave up his commitment to cording to the article, Hamas fighters never happens again. telling the stories of normal people and When there is a shortage of oil, then burst into the AP’s Gaza bureau during the hard-working troops on the front- a previous conflict and threatened the biofuels can be an easy substitute that line. can be subbed in, but again, govern- staff. Hamas also launched missiles Before America’s entrance into the right outside the AP’s office. In each ment redtape is getting in the way. war, Pyle reported from the streets of The Environmental Protection Agency case, somehow the intrepid reporters of London during the Blitz, recounting the Associated Press’s Gaza bureau should quickly finalize a rule to broad- the terrifying scenes for readers back en the availability of existing infra- didn’t even report on these incidents. home in the States. He told the story The AP instead turned a blind eye to structure for use with E15 ethanol and of a resolute people under siege and related labeling requirements. This terrorism and embraced a culture of si- forced into bombshell shelters by an in- lence on behalf of murderers who ac- would allow more gas stations to use discriminate and evil attacker—a peo- their current tanks for E15. tively endangered its own reporters ple unbent and unbroken by terror, and staff. What is equally scandalous is We need a balanced approach, and dedicated to victory, no matter the ad- biofuels such as ethanol and biodiesel that the AP continued to locate their versity. offices in a building they knew was can help achieve greenhouse gas reduc- We often learn from reporting like tions and strengthen our national secu- dangerous. The AP had been in that that, but you may not read it these building for 15 years. Hamas fighters rity, keeping gas prices in check and days in the Associated Press. helping agriculture of America at the had threatened AP staff and its offices I yield the floor. and launched missiles right outside on I suggest the absence of a quorum. same time. the street. In 15 years did no one ever The PRESIDING OFFICER. The PRESIDENTIAL POWER say: Gosh, I wonder why Hamas keeps clerk will call the roll. Mr. President, on another matter, I running around our office building? Did The bill clerk proceeded to call the have heard from a large number of no one in AP’s leadership think: You roll. Iowans convinced that our Republic is know, maybe we should move our peo- Mr. GRASSLEY. Mr. President, I ask effectively lost with the election of ple to a safer building in a better unanimous consent that the order for President Biden. This seems to be like neighborhood? the quorum call be rescinded. the Flight 93 election theory in the 2016 Under the circumstances, I am not The PRESIDING OFFICER. Without election, where some conservatives felt sure what is worse, that the AP knew objection, it is so ordered. that, if Clinton won, the country would

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.008 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2558 CONGRESSIONAL RECORD — SENATE May 18, 2021 be lost for good. So, like the Flight 93 in an era of hybrid wars. There are Speed. At that time, it was a $10 billion passengers who rushed the cockpit in a fewer D-days on enemy beaches and program by the government, and it was last-ditch attempt to avert a cata- more zero-day exploits in enemy serv- designed to incentivize pharmaceutical strophic outcome that probably would ers. companies to invest in developing, re- have hit this Capitol Building, they ar- Americans sleep soundly at night be- searching, and producing effective gued that any alternative to Clinton cause, in addition to these rough men treatments and a vaccine for a disease was justified. at the ready, brilliant men and women that was ravaging and continues to The left, then, felt the same way work around the clock to develop na- ravage the world today. after Trump won. When President tional security technology that defends Less than 4 months later, a new anti- Trump was elected, I received an out- our interests and undermines our en- body treatment was beginning to save pouring of messages expressing a truly emies. DARPA—the Defense Advanced American lives and improving the out- startling degree of fear and anguish. It Research Projects Agency—is on the comes of patients with COVID–19 here is as if we had just elected an evil King frontlines of that work. They are rac- in America. And less than 7 months or dictator. ing against our adversaries. after that Operation Warp Speed pro- Understanding human nature, the Our technology struggle against the gram began, Americans began receiv- Framers of our Constitution set up a Chinese Communist Party is the defining the first dose of two different and system of separation of powers, knowing national security challenge of our highly effective vaccines. ing it was not safe to just trust the time. Chairman Xi and his techno-au- Why did the government have to step character of individual public officials. thoritarian regime are fundamentally in? Why did the government have to The President is supposed to, as the opposed to not just American values provide the money? Wouldn’t the mar- Constitution said, ‘‘see that the laws but American interests all around the ket have solved this? There was cer- be faithfully executed,’’ not to be some globe. tainly a demand. There was certainly a all-powerful, elected King. Our citizens watching this Chamber need for it. In fact, I would argue that The American Presidency shouldn’t on most days might think that most of people probably would have paid what- be and was never supposed to be so im- their political leaders are content to ever it took to get their hands on a portant or so powerful that Americans ignore this reality, but I assure my col- vaccine and on new treatments given ought to feel that their entire future is leagues in this Chamber that the CCP the level of desperation that existed in at stake every 4 years. Yet many is not asleep at the switch. May of last year here and around the Americans do feel that way, and it Beijing is aggressively investing in world. Yes, the market would have eventu- isn’t all just a misunderstanding. machine learning and artificial intel- ally developed the antivirals, would Presidential power has grown beyond ligence and in quantum computing. have developed the antibody treat- its proper bounds intended by the Con- They are hacking and stealing Amer- ments, and would have developed the stitution. Why is that? That ‘‘Why is ica’s research and America’s intellec- vaccine. The market would have even- it?’’ lies right here with the Congress tual property. The Chinese Communist tually done it without the government of the United States because, over Party is on a mission, and they make stepping in, in this dramatic way. But time, Congress has delegated too much no attempt to hide it. They want to be- it wouldn’t have done it in the timing authority piece by piece, in countless come the world’s preeminent super- bills, and failed to this very day to do that we needed it. We needed it right power, and they think that by claiming away. Our economy was shut down. much to take back that authority. first-mover advantage in the cyber do- During the Trump administration, I Children were not going to school. main, they can achieve this. We can’t worked to reclaim some delegated pow- Workers had no jobs. Small businesses let that happen. were being wiped out. Hospitals were ers over tariffs, emergency declara- My amendment to today’s legislation being overrun, and people were dying. tions, and regulations but lacked suffi- is simple: It doubles DARPA’s budget, cient bipartisan support to get the job We were facing a global crisis and a na- $3.5 billion to $7 billion a year for each tional emergency. It was a moment done. I have no illusions that a Demo- of the next 5 years. The work of the Na- cratic Congress will limit President that required urgent attention and the tional Science Foundation is important fastest results possible. So for the com- Biden’s powers, but perhaps we could as well, and I support that work. I sup- agree to reclaim powers for Congress mon good of our country, our govern- port that research. But the NSF’s re- ment partnered with the private sector with some future effective date. search is broad. DARPA’s research is So much focus on one person, wheth- to reach a targeted end, one that directly applied to our most critical er it is a Republican or a Democrat, served the interest of our country and national security challenges. and one election every 4 years, like we our people. In short, we pursued ‘‘in- Cutting-edge, classified tech develop- worried about 2016 or people are still dustrial policy’’ and almost 1 year to ment is in DARPA’s DNA. When we worrying about 2020—that is not a the very day, it was announced that talk about identifying and disrupting healthy environment for a democracy. life in America is, slowly but steadily, the CCP’s AI-enabled cyber and infor- Restoring the proper balance between returning to normal. mation campaigns, we want DARPA to the Presidency and the Congress can I first spoke about the need for a 21st be leading that work. When we talk help restore some balance to our fiscal century American industrial policy about developing new technological discourse. well over a year before the pandemic tools to push back on the CCP’s hybrid I yield the floor. hit. Let me tell you that for much of I suggest the absence of a quorum. warfare, we want DARPA to be leading my adult life, much of the time I even The PRESIDING OFFICER. The that work. paid attention to policy, ‘‘industrial clerk will call the roll. If we want American democracy to policy’’ was generally sort of a dirty The bill clerk proceeded to call the outlast Chinese techno- phrase for me. Politically, I was raised roll. authoritarianism, we can make this in- capitalist orthodox. It is an economic Mr. SASSE. Mr. President, I ask vestment. Doubling DARPA’s budget is faith grounded in the belief of less unanimous consent that the order for a cost-effective investment that bol- taxes and less government and more the quorum call be rescinded. sters that work, and it bolsters the freedom. The PRESIDING OFFICER. Without work of the Endless Frontier legisla- I still believe in less taxes and less objection, it is so ordered. tion we are debating this week, and I government and more freedom, and my S. 1260 encourage all of my colleagues to sup- faith in capitalism has only grown be- Mr. SASSE. Mr. President, Winston port this amendment. cause, unlike socialism, the market al- Churchill is often credited with the The PRESIDING OFFICER (Mr. ways produces the most efficient out- apocryphal quote that ‘‘we sleep sound- LUJA´ N). The Senator from Florida. come and, usually, generally, invari- ly in our beds because rough men stand CHINA ably, the result of that is prosperity ready in the night to visit violence on Mr. RUBIO. Mr. President, a year ago and opportunity. The free market— those who would do us harm.’’ Saturday, the previous administration, capitalism—has eradicated more pov- This is still true, but the 21st century the Trump administration, launched erty than all the socialist programs in has gotten more complicated. We live something called Operation Warp the world combined.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.009 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2559 But the market is agnostic. It and to make money in America, almost Speed, targeted to urgent national doesn’t take into account the impact without restrictions, because we are needs; policies like my Medical Manu- that an efficient outcome, a market capitalists. facturing, Economic Development, and outcome, would have on its people. They, on the other hand, restrict and Sustainability Act, which would help Thus the market does not take into ac- ban our businesses from doing work in bring back our ability to make medi- count its national interests. It is ag- China because they are nationalists. cines in this country again, including nostic. None of this is an accident. China has in places like Puerto Rico that need We in public policy cannot be agnos- a plan. It has a plan to overtake Amer- the economic growth and jobs; like the tic. The job of those of us who serve in ica as the world’s leading economic, CHIPS Act we passed last year to make the American Government is to make technological, geopolitical, diplomatic, sure we never have to depend on China decisions that are in the best interests and military power. I don’t say this to or any other country, for that matter, of America and the people that we you based on some supersecret intel- for semiconductors. serve. I believe that, generally and in- ligence document or an educated guess. In 2019, well before the pandemic, I variably, that usually means sup- They put it on paper. They have writ- proposed modernizing the Small Busi- porting a vibrant system of free enter- ten this out for everyone to see in 2015. ness Administration and aligning its prise in which private businesses invest The Chinese Communist Party laid out programs to the national interest, like and innovate and produce, and govern- a plan with a title called ‘‘Made in my American Innovation and Manufac- ment makes it easier for them to do China 2025.’’ turing Act, which would incentivize that and gets out of the way. It basically is a plan to invest in and private investment in small American But what do we do, what should we overtake us in 10 of the industries that manufacturers through the SBA. do, when the market reaches the most will define the 21st century economy— And even as we make these sorts of efficient outcome and the most effi- biomedicine, advanced technology, air targeted industrial policy decisions, we cient outcome is one that is bad for and space, artificial intelligence, quan- need to make sure that we are pro- America, bad for Americans, or doesn’t tum computing, telecommunications, tecting them from being stolen from meet a crisis at hand fast enough? 5G, rail systems, ship building. They us. One of the changes we need to make What is our role when we face such a intend to lead the world in all of these in the China bill that is now before the crisis, when we must address one that areas, and they are executing on a plan Senate is we need to have stronger pro- has to be addressed faster than the to carry that out, and we have been tections against the research that we market’s ability to do it? complacent and distracted. are funding from being stolen. So while China channels every ele- This is not a hypothetical question. First, more of this money should be ment of their national power, every It describes what we faced in May of invested through agencies like DARPA, element that you can imagine—while last year, when Operation Warp Speed as an example, which has very good they channel all of it—to dominate was announced, and it describes many safeguards in place. of the important challenges we face these key industries and to do it at our Second, we should prohibit any enti- today. expense, we assume that our position ty from receiving the funds called for Over the last 20 years—maybe 25 in the world will continue on its own in this bill if they receive China-based years—the market sent American fac- without having to do anything to financial or in-kind support, or if they tories and jobs to other countries. This maintain it. was the most efficient decision to While China is pursuing economic otherwise failed to disclose foreign make because workers in other coun- and technological dominance, we find funding in the past 10 years. tries cost less, and so it lowered labor ourselves here busy canceling people, Third, we should require certification costs and increased profits. It was the demanding the use of the right pronoun that a potential recipient of the fund- market’s decision. It was the efficient to describe people, or claiming that re- ing has sufficient protections in place decision, but it destroyed the jobs of quiring a photo ID to vote is the return to guard against IP theft and other Americans. It shattered families. It of a Jim Crow era. threats from foreign governments be- gutted once-vibrant communities. We have placed ourselves on the road fore they were giving them the money. Major American corporations of decline and humiliation, headed to- It would be something if we appro- headquartered here in the United ward a world in which a totalitarian priate all this money for industrial pol- States—multinationals—have allowed regime—one guilty right now, as we icy, we invest it, and then we see it China to steal trade secrets and cheat speak, of committing genocide against stolen. on trade because, for them, gaining ac- Uighur Muslims—becomes the leading Fourth, we should prohibit Federal cess to even a small sliver of the grow- power on the planet and relegating our employees and contractors from par- ing Chinese market of over a billion country, America, into the status of a ticipating in any foreign government people led to profits. This, indeed, did once great nation in decline. talent recruitment program, and we create short-term profits and extrava- We do not need to abandon cap- should require Federal contractors to gant wealth for some, but in the proc- italism and embrace socialism to take disclose any commercial ties they ess it began transforming America on this challenge. I believe socialism might have to the Communist Party in from a country that invents and makes would only accelerate the damage our China. things into one that increasingly just decisions are doing to our country. We And, fifth, we should establish a sys- finances and buys them. need capitalism, but it must be a cap- tem of outbound investment screening. It is, indeed, more efficient to make italism geared toward promoting the Even if we are successful in preventing the active ingredients in many of our national interest and the common adversarial actors from acquiring Fed- medicines in China. It is cheaper to do good, where the private market drives eral research dollars or intellectual it. So, today, we find ourselves depend- our economic decisions. And in those property developed by it, there is nothing on China to produce the active in- instances where the market outcome is ing to stop nationless corporations gredients in everything from acetami- bad for our country, in those instances from simply buying the IP and using it nophen, which is generic for Tylenol, in which the market’s most efficient to develop capacities to benefit China all the way to blood thinners and ev- outcome is one that is bad for our peo- and hurt our interests. erything in between. ple, for our national security, for our This is an important moment, I It was cheaper to buy rare-earth min- national interests, bad for America—in think, one that will define the remain- erals from China—it still is—than to those instances—what we need is tar- der of the century. When the book produce and mine our own. Today, we geted industrial policy to further the about the 21st century is written, it depend on them for almost 90 percent common good and to protect our peo- will have a few chapters about a lot of of these valuable metals that are need- ple, our country, and our future. We different things. But that book is going ed not just for advanced electronics but need an industrial policy targeted not to be about the relationship between for our own major weapons systems. to every industry or to the one who China and the United States and what We made the decision to allow Chinese hires the right lobbyist. No, we need an happened, and what happened is in very companies free rein to own and to buy industrial policy like Operation Warp many ways being decided right now.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.011 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2560 CONGRESSIONAL RECORD — SENATE May 18, 2021 We must ensure that our public poli- since World War II. I have told my shouldn’t be paying for them by bor- cies are aligned to the urgent chal- friends back home that this is the do- rowing money from future generations. lenges of our time. Our job here is to mestic equivalent to a world war. We We ought to figure out appropriate off- promote the common good and to de- didn’t ask in World War II: How much sets and pay-fors like we used to do fend the national interest. By and money can we spend? We needed to de- here before the pandemic hit. Our job is large, that is a free enterprise, capi- feat our enemies, and we did. Then we to find the right-sized bill that suits talist economy that will produce the needed to come together responsibly our needs without going overboard innovation, the investments, and all of and figure out how to pay for it. with unnecessary and unrelated spend- the things necessary to make that pos- We don’t need to quit spending alto- ing. sible. gether, but we surely must take a clos- Fortunately, Mrs. CAPITO, the Sen- Yet, in those instances in which a na- er look at what is necessary and what ator from West Virginia, is leading the tional need is urgent, in which the out- is desirable and what is something we way to find that Goldilocks just-right come that the market has delivered is would like to have but that could be fit. She and a number of our colleagues harming our country and its long-term put off for another day. Think of the have outlined to President Biden and future, we have an obligation to act on Goldilocks principle: not too hot, not our Democratic colleagues a frame- the common good. We should not allow too cold. In this case: not too small, work to improve our Nation’s infra- orthodoxy or policies that made a lot not too big. We need to find the right structure. The plan they have proposed of sense in the 1980s—a very different size, and we need to agree on what that comes in at $568 billion—more than we world from today—to stand in the way means. have spent in the past but far less than of the sorts of targeted government- The most recent highway and transit the President’s proposal. private partnerships needed: the kinds funding bill that became law was the When we talk about the need for bi- of partnerships that gave us a vaccine FAST Act of 2015. That bill came in partisan compromise, this is a great that is bringing us back to normal; the right around $300 billion. Last Con- place to start. The Republican plan in- kind of partnership that will allow us gress, before the pandemic hit, it cludes nearly $300 billion for roads and to tackle the challenges we face now so looked like we were poised to pass a bridges—21⁄2 times the President’s plan that the 21st century will ultimately similar bill at roughly the same for roads and bridges. It also invests in be an American century and so that pricetag. I think we can all agree that, airports, drinking and waste water, our leadership in these key industries now, something of that size is probably ports and waterways, broadband, and that will define the century is neither too small. We need to invest in our in- some of the most urgent infrastructure endangered nor lost. frastructure—repair our roads, our priorities in our country. I yield the floor. bridges, our airports, our levees, and Last week, Senator CAPITO and five The PRESIDING OFFICER. The Sen- other transportation infrastructure of our Republican colleagues met with ator from Texas. that is long overdue. Vice President HARRIS and President INFRASTRUCTURE The pandemic has highlighted the Biden to discuss a path forward. They, Mr. CORNYN. Mr. President, one of need to expand that definition, though; apparently, had a productive meeting, the topics of discussion right now here for example, to strengthen broadband and the President seemed to be recep- in Washington, DC—actually, there are and internet access. For many Ameri- tive to many of the ideas that were many different topics of discussion, but cans, the daily commutes to work or to shared. I hope this is the starting point one of those is infrastructure. Depend- school have been replaced by virtual for a consensus package that addresses ing on who you ask, you are likely to classrooms and telework. Our 21st-cen- our infrastructure needs. get different answers on what exactly tury economy and society depend on There is a question that almost no- people mean when they say the word internet connections, and we need to body wants to talk about, but thanks ‘‘infrastructure.’’ do more to improve access, especially to Senator RON WYDEN of Oregon and When I and my constituents in Texas in rural areas, where the big internet Senator MIKE CRAPO of Idaho, we actu- think about infrastructure, we think companies don’t find it commercially ally had a virtual hearing on this this about our highways and bridges. Now, advantageous to offer service. morning in the Senate Finance Com- those are two of the big things that Republicans and Democrats agree mittee to answer the taboo question come to mind. We are home to the larg- that, this time around, we need a larg- that nobody really wants to talk est network of highways in the Nation, er investment in our Nation’s infra- about, which is, How do we pay for it? as well as the largest number of structure, but, frankly, the proposal As I said, this was the subject of the bridges, and these structures are sup- from President Biden is far too big. Senate Finance Committee hearing porting more and more Texans by the The nonpartisan Committee for a Re- this morning, and I am sure some of day. It is no secret that, in the last sponsible Federal Budget estimates it the ideas that were put forward will decade, Texas has grown by nearly 4 would cost an additional $2.65 trillion— begin to start to take traction and, million people—roughly the population roughly nine times the recent highway hopefully, lead us to a way to respon- of our neighbor to the north, Okla- bill that became law—and that is on sibly pay for this infrastructure bill. homa. If we want to get all 29 million top of the $1.9 trillion that the Senate In the past, funding for infrastruc- Texans and our visitors and our crucial majority and the House and the Presi- ture bills has come from the highway commercial cargo around the State dent just passed into law purportedly trust fund, but for years, it has faced safely and efficiently, we need a reli- for additional COVID–19 relief, al- severe shortfalls. To a serious degree, able network of transportation infra- though only about 10 percent of it ac- my constituents in Texas have footed structure, and there is a lot of room for tually addressed COVID–19. The point the bill for those shortfalls. We are one improvement over the status quo. is, we have been spending a lot of of the few States, for example, that re- Every year, the American Society of money, and we can’t keep spending ceives less than it contributes to the Civil Engineers evaluates America’s in- money that we are borrowing from fu- highway trust fund. In other words, we frastructure and issues a report card ture generations. are a donor State. For every dollar we that lets us know how we are doing. Not surprisingly, only a fraction of put into the highway trust fund, we get Well, America is barely passing with a the President’s infrastructure bill is 95 cents back. Well, that is not the C-minus. Texas is faring only slightly dedicated to roads and bridges—5 per- same treatment every State is getting. better than the rest of the class with a cent, in fact. The vast majority of the In fact, we have a lower rate of return C. There is no doubt about it—it is funding goes toward a long list of pro- than every other State. If we want to time for an investment in our infra- grams and policies that are unrelated have any long-term success in main- structure. Now more than ever, that in- to infrastructure—for example, taining our roads and bridges, we have vestment must be made responsibly. caregiving for the elderly and disabled; to bring this formula up to date, and it We just spent trillions of dollars to community colleges; programs to im- has to be equitable. help the American people and our econ- prove diversity in STEM careers. All of The smart spending, though, can’t omy get through a pandemic, and our those are important topics, but they stop there. We need to repurpose the national debt is at its highest level are not infrastructure, and we mountain of unused Federal funds from

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.013 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2561 the so-called COVID–19 relief bill. hikes won’t be reflected in lower earn- estimated that more than 80 percent of States are awash with cash that they, ings for CEOs. The brunt will be borne the benefits from this Trump tax plan frankly, don’t know how to spend. The by consumers, who will pay higher will go exclusively to the top 1 percent massive $1.9 trillion bill became law prices, and by workers, who will earn of American earners—the top 1 percent. without the support of a single Repub- lower wages, and let’s not forget those It is nothing more than welfare for the lican because it was so extravagant and whose jobs have disappeared entirely. wealthiest. poorly targeted. Case in point: the blue We are already seeing some price hikes Perhaps the most egregious aspect of State bailout. This legislation sent 350 on some of our most used consumer the Trump tax plan is the billions of billion additional dollars to State and products, covering everything from ce- taxpayer dollars it will give to the local governments, many of which were real, to diapers, to lumber, and to cars. world’s wealthiest individuals and cor- not facing any budgetary shortfalls. This is not the time to increase taxes porations over the next decade. We are We have started to see a flurry of and drive inflation across our economy, already feeling the devastating impact news stories in the past few weeks that which is, actually, a tax increase on this corporate giveaway has had on have demonstrated exactly why we low- and middle-income people. We America’s economy. were opposed to this reckless spending. need to find responsible ways to fund Listen to this now, if you just turned For example, California has reported a an investment in our infrastructure in your taxes. Last year, 55 of the larg- $75 billion budget surplus—a massive without hurting our economy and the est companies in America paid zero— amount of money. Governor Newsom people we represent. Right now, it ap- zero dollars in Federal taxes despite says this will be used to pay down past pears that bipartisan progress is being making more than $40 billion in prof- State debts, send direct checks to Cali- made toward that just-right-sized pol- its. Forty billion dollars in profits; zero fornians, and add to its rainy day fund. icy and for it to be paid for in a respon- taxes. It is a glaring example of the im- In addition to California, you have New sible way or, at least, that is my opti- balance in our tax system. York, Colorado, Michigan, Minnesota. mistic hope. I don’t think there is any rational ex- Each of these States is expected to So I want to thank Senator CAPITO planation for having schoolteachers have more than a $1 billion surplus— for her leadership on this effort and all and janitors pay more in taxes than again, because of the massive shuffling those who have been working with our the largest corporations, but it seems of cash out of Washington, DC, into the Democratic colleagues and the admin- the folks on the other side of the aisle States that was not targeted to istration and encourage them to con- disagree. COVID–19 relief. tinue to work with folks on our side of When Senator MCCONNELL met with This is exactly why we advocated the aisle so we can get this done on a President Biden last week, he said that against this tidal wave of funding for timely basis. raising taxes on corporations—the States that were not even operating in I yield the floor. same corporations that paid zero last the red. Taxpayer dollars shouldn’t be year in taxes—is a ‘‘red line’’ when it f spent to erase the debts of mismanaged comes to funding the President’s infra- States or to add to their rainy day RECESS structure package. That means Sen- funds. They have the ability to raise The PRESIDING OFFICER. Under ator MCCONNELL, the Republican leader revenue themselves, so it shouldn’t be the previous order, the Senate stands in the Senate, would rather cut taxes the responsibility of the Federal tax- in recess until 2:15 p.m. for the ultrawealthy than repair Amer- payers to bail them out or to provide Thereupon, the Senate, at 12:30 p.m., ica’s crumbling roads and bridges. them with this huge cash cushion with recessed until 2:15 p.m. and reassem- Did you see that picture in the news? their looking to try to find responsible bled when called to order by the Pre- Of the bridge? I think it was in Ten- nessee, on one of the interstates. It ways to spend it. siding Officer. (Ms. SINEMA). Tens of billions of unused dollars cracked so badly, they had to close it, from this legislation should be f close an interstate bridge. We remem- repurposed to help cover the costs of ENDLESS FRONTIER ACT—MOTION ber just a few years ago in Minnesota, these investments without driving our TO PROCEED—Continued an interstate highway collapsed, tak- national debt even higher. It is coming American lives. It can happen and mon sense, and I actually believe that The PRESIDING OFFICER. The will continue to happen unless we do there is a way to incentivize the States Democratic whip. our part. That is not just bad policy; it to use that additional cash for infra- TAXES is dangerous. structure purposes, whether it is Mr. DURBIN. Madam President, yes- I guess this is the picture that I through modifications and cost sharing terday marked the deadline for filing brought to show what was happening between State and local governments. personal income taxes in America. I with this bridge in Tennessee. You can Many of those States are struggling to am sure many people spent the past see the crack in the steel girders there find a way, within the guidelines and weekend surrounded by 1099 forms and and the reason they closed the bridge. guardrails that we have provided for shoe boxes full of receipts, hoping to God forbid some other bridge is in that COVID–19 relief, to spend it anyway, so claim a well-deserved tax refund after same shape and we haven’t discovered why not spend it for infrastructure? a year of financial stress due to the it or we won’t discover it soon enough. Maybe there is a win-win there. pandemic. We need to put some money in our There are a number of ideas now on That is another reason why the infrastructure. We count on it every the table about how to pay for this in- American Rescue Plan that Congress day. People rely on the safety of these frastructure bill, but I hope we can all passed earlier this year was such a bridges and other facilities, and it is agree that the massive tax hike that major accomplishment. It included, our job to make sure they are kept up. President Biden is proposing is not the that plan, included the largest, single- That is not just bad policy, saying no answer. This would constitute the larg- year tax cut for middle- and low-in- tax increases for corporations if it est set of tax hikes in more than half a come earners in the history of the Na- means paying for infrastructure that century, and these increases would do tion. Let me repeat that. This year’s way; it is dangerous. serious damage to our economy just as American Rescue Plan included the Take a look at what happens when we are coming out of a pandemic-in- largest, single-year tax cut for middle- we fail to adequately invest in our in- duced recession. and low-income earners in America’s frastructure. That photo tells it all. A At a time when our economy is al- history. ‘‘structural crack’’ they called it. That ready on fragile footing, the tax burden But for a privileged few, those tax was found in a bridge in Memphis, TN, on Americans would be greater than cuts are pennies compared to the de- last week. Tens of thousands of vehi- that of our biggest trading partners ductions they enjoy every year because cles drive over that bridge every day. It and competitors, and this would have of Republican tax proposals, proposals connects commuters and commercial far-reaching consequences for our com- like the Trump tax plan that Repub- traffic between Arkansas and Ten- petitiveness and our economy as a licans signed into law in 2017, just 4 nessee. If not for a scrupulous engineer whole. After all, we know these tax years ago. Over the next few years, it is who caught the crack, local authorities

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.014 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2562 CONGRESSIONAL RECORD — SENATE May 18, 2021 said it would have led to a ‘‘cata- If we want to rebuild America, we S. 1260 strophic’’ result. Luckily, the catas- need to invest in America. To do that, Mr. President, this week, the Senate trophe was averted. we need the wealthiest Americans and will consider the Endless Frontier Act, But now the people of Memphis and massive corporations to step up and a bipartisan measure introduced by across America have a different prob- pay their fair share. Senator SCHUMER, a Democrat, and lem. Repairs take time. That means If you think you paid your fair share Senator YOUNG, a Republican. It is pri- the economic damage caused by the or more yesterday, how about the cor- marily focused on investing in Amer- bridge’s closure is going to last for porations that paid zero on $40 billion ica’s leadership in scientific and tech- months. And it means that shipping of profit? nological innovation and making sure and transportation networks will have President Biden understands this. those investments create jobs—good- to reroute for the foreseeable future. That is why he has proposed the Amer- paying jobs—in manufacturing and So it has a national impact on the ican Jobs Plan. It is going to grow our emerging industries. I am sure there economy, one bridge. economy by putting millions of people are some worthwhile amendments that Is this what we have come to in to work rebuilding roads and bridges, should be voted on, but I think it is an terms of infrastructure in America? like the Hernando de Soto Bridge. And excellent example of the legislative Are we supposed to accept bridges it would make our crucial infrastruc- process at work. hanging by a thread? ture more resilient to 21st-century With the Endless Frontier Act, Re- This closure happened the same week threats like ransomware and cyber publicans and Democrats are coming that cyber criminals shut down one of criminals. together to recognize that we need to the largest petroleum pipelines in the President Biden also has a plan to invest in our capacity to compete with United States. Did you see the news- pay for these investments, unlike the China and the rest of the world. This is cast? Did you see the lines of people Trump tax plan. To start, the Presi- one of our highest priorities. and their panicked buying? They didn’t dent’s plan would raise hundreds of bil- While this bill is a promising starting know if there would be enough gas to lions of dollars by holding tax cheats point, remember, it is just a starting get to work, to get the kids to school, accountable and rolls back the tax point. I hope it is the beginning of a or in emergencies, so they went and breaks that encourage corporations to new bipartisan agenda for the future. filled their tanks, and we had a real ship jobs overseas. We can’t afford to stand still. While we mess on our hands. We saw the chaos This is something that boils my might not agree on every solution, I that was created by that ransomware blood. Here is a corporation—and many am sure we share the same goal—put attack: cars lining up in every direc- of them have been located in my America on track to win in the 21st tion; people actually filling—and this State—doing well, making a handsome century. is dangerous—plastic bags with gaso- profit, and expanding their business. I have listened carefully to many of line. They sit down with their counsel, law- my Republican colleagues who say While it may have been a bridge in yers, and come up with a brandnew President Biden is too ambitious, Memphis or a pipeline on the east coast idea: Well, let’s just move our head- wants to invest too much money, and last week, what is next? quarters out of the United States, out has too many big ideas. These Repub- According to the American Society of the State of Illinois, and put it in licans have a solid second-place strat- of Civil Engineers, 43 percent of our some foreign country. Think of how egy for America. I don’t want to be public roadways are in poor or medi- much we will save by not paying our ocre condition. Maybe that just means part of that. fair share of taxes in the United States. This country can prosper and lead potholes and banging up your car or We get all the benefits in this country. with the right inspiration. President slowing down the traffic, but it could We use its infrastructure. We locate Biden is bringing that to the table. be worse. here. We actually live here. But we That is what the American Jobs Plan All of these signs point to the same take a post office box in some faraway is all about, President Biden is calling conclusion: We are living on borrowed place and skip paying taxes to Amer- on everybody—everybody—to play a funds from a previous generation. We ica. are using the infrastructure that they What a grand idea that is for some. part in building that future. paid for because we don’t want to cre- For me, it is just deception and fraud. Let’s invest in America and create ate our own infrastructure. The only people who would see their millions of good-paying jobs in the Cutting corners is simply not an op- taxes increase under President Biden’s process. tion. That is exactly where we are proposals are those making over I yield the floor. going to end up if Senator MCCON- $400,000 a year. Now, if you are making I suggest the absence of a quorum. NELL’s redline becomes the standard over that amount of money and don’t The PRESIDING OFFICER. The for deciding if we have infrastructure. want to announce it publicly, but you clerk will call the roll. The senior assistant legislative clerk And it is predicated on a failed eco- are sick and tired of DURBIN’s speech, proceeded to call the roll. nomic theory. get up and leave at this point. But if Mr. LEE. Madam President, I ask The Republican approach—the so- you are making under $400,000 a year, unanimous consent that the order for called aptly named Laffer curve—be- stick around because President Biden the quorum call be rescinded. lieves if you just cut taxes on the has made sure these tax increases will The PRESIDING OFFICER. Without wealthiest people, that will take care not affect you. of the whole economy. Everybody is Let me put it another way. We can objection, it is so ordered. going to get well if the wealthiest have fund President Biden’s infrastructure The Senator from Utah. more money. I don’t buy it. plan without raising a single tax on ac- NOMINATION OF KRISTEN M. CLARKE It is time to wake up from the trick- tual working families in America. How Mr. LEE. Madam President, I rise le-down fever dream. Look at where 50 about that? Frankly, it is about time today to oppose the nomination of years of cutting taxes on the extra- we balance the scales of our tax sys- Kristen Clarke to be the Assistant At- wealthy has brought us: bridges on the tem. torney General for the Civil Rights Di- verge of collapse; pipelines held for During the pandemic, how did the vision. ransom; the most unequal economy richest 1 percent of Americans do? As I have said multiple times, I am since the Gilded Age in American his- What was their struggle during this not here to call into question Ms. tory. crisis? They saw, the 1 percent, saw Clarke’s motives, nor am I here to call The economic consensus is clear: Tax their net worth increase by $4 trillion— into question whether she is a good cuts on the wealthy have never created not a bad year. person. In fact, I am willing to assume jobs. They have never boosted eco- If we want to get serious about cre- and even concede, for purposes of our nomic growth. They just boost the ating jobs in America, everybody has conversation today, that she is a good banks accounts of the people who al- to do their part. And this isn’t just person and that her motives are good. ready have it. The benefits rise all the about rebuilding our country. It is the It is not my job as a Member of the way to the top of the economic ladder next century of global leadership at Senate to go beyond that, but I do have and stay there. stake. some very serious concerns reflected in

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.017 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2563 Ms. Clark’s record, concerns that, re- Now, by way of reference here, just which makes her unexplained, inexcus- grettably, she has failed to rebut. to set the context straight, that deci- able involvement with anti-law en- First, given the importance of the sion in the Supreme Court’s ruling in forcement activities all the more trou- Civil Rights Division to the enforce- Roman Catholic Diocese v. Cuomo sim- bling. ment of our Nation’s anti-discrimina- ply stated that commonsense propo- I would also point out that the arti- tion laws, I am concerned about past sition—one that is, in my view, cle’s author, Amiri Baraka, was—like instances in which she has publicly unremarkable—that the government Professor Martin mentioned a moment pushed the Department of Justice to must treat mosques and synagogues ago—famously anti-Semitic. On one oc- not pursue egregious instances of voter and churches the same way that it casion, he wrote, in reference to Jews, intimidation. treats liquor stores and acupuncture that he had ‘‘the extermination blues.’’ Ms. Clarke criticized the Department clinics. So, again, we have Ms. Clarke casually of Justice’s decision to prosecute Ike Statements like these give religious associating herself with a virulently Brown for voter intimidation and sup- Americans like myself pause. Why anti-Semitic thinker. pression. As a reminder, in that case, should we believe that she will defend Ms. Clarke also denied on the record the case involving Ike Brown, a Mis- the civil rights, including the religious that she had served on the editorial sissippi Democratic official engaged in rights of all Americans, not just those staff of a college journal with Amiri rampant vote manipulation and absen- with whom she happens to agree? Baraka. But a simple Google search of tee ballot fraud. Finally, I am worried about Ms. ‘‘Kristen Clarke’’ and ‘‘Amiri Baraka’’ Rather than praising the Justice De- Clarke’s failure adequately to address shows that when she was an assistant partment’s successful prosecution of her troubling history of inflammatory editor of that journal, Amiri Baraka the case, she criticized the decision, statements and irresponsible activism. was a contributing editor. Her denial of stating that some of the claims were In college, she wrote an article stat- this easily verifiable fact is hard to un- ‘‘weak.’’ When asked point-blank ing that ‘‘Melanin endows Blacks with derstand. whether she agreed with DOJ’s decision greater mental, physical, and spiritual Now, let’s be perfectly clear. I don’t to prosecute two members of the New abilities—something which cannot be bring any of this up to suggest that all Black Panther Party who, by the way, measured based on Eurocentric stand- of it is unforgivable. Look, everyone showed up to a polling place wielding a ards.’’ has, from time to time, said or done billy club, she demurred, saying: Not surprisingly, she was asked things that they later come to regret, I believe the leadership of the Justice De- about this at the Senate Judiciary but let’s keep in mind what we are partment had the prerogative to bring the Committee hearing. And when she was looking at here. Ms. Clarke, herself, is cases that it deemed appropriate to bring. asked about it at her hearing, she asking us to apply a very different Well, that is a completely nonrespon- claimed this statement was meant to standard to her than we have applied sive answer. It is a little like saying be satirical. But at no point—not dur- to others—a different standard, in Congress has the prerogative to pass ing the hearing, not in connection with many ways, than she has asked be ap- the legislation that it deems appro- followup questions for the record—did plied to others. priate to pass. In 2019, her name appeared on a letter In short, Ms. Clarke was unwilling to Ms. Clarke ever acknowledge the obvi- sent by the Leadership Conference on decry outrageous voter suppression and ous; that these statements were unac- intimidation when Democrats were im- ceptable, regardless of whether she in- Civil and Human Rights, where she sat plicated. She showed no corresponding tended them to be satirical. on the board of directors of that orga- hesitancy in challenging commonsense Likewise, rather than express regret nization, opposing the nomination of a election security laws, like voter iden- for her decision to participate and as- lawyer named Ryan Bounds, who had tification requirements, passed by Re- sist in a conference defending cop kill- been nominated to serve on the U.S. publican State legislatures. ers and domestic terrorists in law Court of Appeals for the Ninth Circuit. Indeed, she has frequently challenged school, she merely said that she ‘‘pro- That letter stated that, ‘‘[w]hile State election laws attempting to vided logistical support.’’ That con- [Bounds] recently apologized for those paint ballot security measures as cat- tradicts the statements made by nu- comments’’—comments that had come egorically racially discriminatory, merous speakers at the conference who up in connection with his confirmation which raises the question: Does Ms. personally thanked her for her efforts. proceedings—‘‘the timing of that apol- Clarke, in fact, oppose all voter intimi- In preparation for that same con- ogy suggests it is one of convenience dation or just voter intimidation ference, Ms. Clarke recommended that rather than remorse, offered in a last- against certain groups? When the posi- an article entitled ‘‘Mumia, ‘Lynch ditch effort to salvage his nomination the nominee is applying for in- Law,’ and Imperialism’’ be included in tion.’’ volves being the head of the Civil the conference newspaper and discussed In her hearing testimony, Ms. Clarke Rights Division at the U.S. Depart- in connection with one of the panels. provided no explanation for why we ment of Justice—the very division that That article contains some of the should overlook her extraordinarily is responsible for overseeing voter most inflammatory anti-police rhet- controversial activities and statements rights laws—that is not a question that oric I have ever seen. Here is a quote while she was a student. Rather, she you want to have to ask. from it, an actual quote: ‘‘The Klan is attempted to minimize or, in some Second, Ms. Clarke has shown a trou- now the Police, with Blue uniforms re- cases, even evade her actions. bling disregard toward certain con- placing the sheets and hoods. The cor- Ms. Clarke’s history of irresponsible stitutional rights. A few years ago, she rupt racist Judges, are petty Klan ad- actions and words didn’t end with law decried the Trump administration’s ministrators.’’ school. In 2019, she signed a letter de- creation of a Religious Liberty Task When asked about her promotion of fending Tamika Mallory, a woman who Force, saying that the goal was ‘‘to this article in her questions for the stated that ‘‘white Jews’’ ‘‘uphold make it easier for people to use reli- record before the Judiciary Committee, white supremacy’’ and associated her- gion to mask their discriminatory Ms. Clarke stated that she ‘‘ha[d] no self with Louis Farrakhan. goals. Shameful.’’ independent recollection of that When pressed on this point, she gave I would remind Ms. Clarke that the email.’’ no explanation for her statement of very first sentence of the Bill of Rights Now, once again, we have here a com- support, other than saying that the let- safeguards the very religious freedoms plete nonanswer. Ms. Clarke declined ter ‘‘denounce[d] . . . antisemitism.’’ that she accuses of ‘‘masking discrimi- to explain, much less take responsi- Now, I am confused. How can a letter natory goals.’’ bility for, associating herself with ex- defending a woman accused of making Again, late last year, Ms. Clarke at- traordinarily, obscenely dangerous anti-Semitic statements actually be a tacked the Supreme Court’s decision in rhetoric. letter that is denouncing anti-Semi- Roman Catholic Diocese v. Cuomo, say- Moreover, if Ms. Clarke were to be tism? Either anti-Semitism is bad or it ing the Court’s ruling wrongly privi- confirmed, she would be responsible for is not. You can’t have your cake and leged ‘‘religious freedom above all overseeing pattern and practice inves- eat it too. The way I read that letter, else.’’ tigations of law enforcement agencies, I don’t see the letter as saying, yes,

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2564 CONGRESSIONAL RECORD — SENATE May 18, 2021 that statement was bad, but there are ditiously to consider and confirm these by the senior Senator from Utah, you other circumstances that should be nominees. We have already confirmed would find it hard to believe that law considered. Instead, I see a whole- Attorney General Merrick Garland, enforcement would support this hearted defense of the individual her- Deputy Attorney General Lisa Monaco, woman. Some of the things they say self. and Associate Attorney General Vanita about her in criticizing her record sug- Likewise, just last year, Ms. Clarke Gupta. The next one in the order of the gest that those in the law enforcement wrote an article titled ‘‘I Prosecuted administration’s priority on hiring in community are her natural enemies. Police Killings, Defund the Police—But the Department of Justice is Kristen The opposite is true. Be Strategic.’’ Clarke. President Biden has nominated Throughout her decades of civil When pressed about this by my col- her to lead the Justice Department’s rights work—20 years of working in leagues on the Judiciary Committee, Civil Rights Division. civil rights that included several years Ms. Clarke, once again, sought to evade Ms. Clarke is the right person to reas a prosecutor—she has partnered responsibility, saying that she has ‘‘de- store credibility to the Civil Rights Di- closely with law enforcement. Many of veloped a practice of being deferential vision. Under the previous President, them have publicly endorsed her, and I to editors on title selection.’’ But I the former Attorneys General Sessions will get to that in a moment. Yet, if don’t think that is how this works. The and Barr, that Division was warped you were to listen to the arguments article does, in fact, have her name on into a target and a tool to discriminate from the other side of the aisle—and we it. Even if she were deferential, the against marginalized Americans. Dur- heard them in committee—you would fact that she is describing herself as ing that previous administration, the think this amazing woman must be so deferential here suggests that she did, Division rescinded guidance that gifted that she can engage in the prac- in fact, make a conscious decision to strengthened protections for tice of law for 20 years in the same the- defer. She didn’t say: I had absolutely transgender students. They prohibited ater, including with law enforcement no choice in it. I didn’t see the title. the use of consent decrees with local leaders from all over America, and She just said that she adopted a prac- police departments that engaged in somehow they never caught on to the tice of being deferential. systemic misconduct. And they aban- fact, according to them, that she was In any event, you can hardly blame doned the longstanding principle of de- virulently against law enforcement. In the editor for the title that he or she fending Americans’ right to vote. Now fact, they came out and said the oppo- chose. Ms. Clarke wrote three times in we have an opportunity for a course site. She was fair. She was objective. that piece—three times—‘‘We must in- correction in the Civil Rights Division She was a good partner in trying to re- vest less in police.’’ by confirming a proven civil rights solve difficult issues. They would have us believe that she In short, Ms. Clarke’s record reflects leader to head that Division. a consistent pattern of inflammatory As a former trial attorney in the Di- has this mystical power to take people statements and actions, followed by a vision’s Voting Section and as a pros- in law enforcement and delude them disclaimer of responsibility and a lack ecutor in its Criminal Section, Ms. because secretly she is a radical, a So- of candor and remorse. Moreover, her Clarke has clearly played in the big cialist radical. Not true. The partner- record gives us reason to doubt that leagues. She personally understands ship she has had with law enforcement began when she prosecuted hate crimes she will defend the civil rights of all the role that the Division’s line attor- in the Civil Rights Division, and it con- Americans, not just her political allies. neys play on a day-to-day basis. Ms. tinues to this day through her work on For these reasons, I regretfully can- Clarke knows that these career attor- the Lawyers’ Committee James Byrd not support her nomination. neys must be independent from polit- Jr. Center to Stop Hate. This center I yield the floor. ical pressure in order to carry out the provides community resources, train- I suggest the absence of a quorum. mission to defend the civil rights of all ing, and support for law enforcement to The PRESIDING OFFICER. The Americans, and her diverse background better identify, investigate, prosecute, clerk will call the roll. as a legal expert will serve her well. and report hate crimes. The legislative clerk proceeded to As the former codirector of the In each of these roles throughout her call the roll. NAACP Legal Defense and Educational Mr. DURBIN. Madam President, I ask history as a professional prosecutor at Fund’s voting rights group, Clarke con- the highest levels in the United States unanimous consent that the order for fronted assaults on voting rights and of America, Ms. Clarke has earned the the quorum call be rescinded. ballot access, like those we are seeing The PRESIDING OFFICER. Without respect and trust of members of law en- in State legislatures across America forcement, reflected in their strong objection, it is so ordered. today. As the former chief of the New Mr. DURBIN. Madam President, very support for her nomination. York Attorney General’s Civil Rights Listen to some of the groups that shortly, we will be voting on the Bureau, she helped establish the Office openly support her and then reflect on Kristen Clarke nomination to the De- of Religious Rights Initiative, defend- some of the charges that were just partment of Justice. This week is an ing the First Amendment rights of made against her on the floor by the apt time to start the discussion about workers throughout the State. Senator from Utah. her nomination because it marks the You would find it hard to believe She has support from the Major Cit- anniversary of two of the most impor- about Ms. Clarke and the issue of free- ies Police Chiefs Association. She has tant Supreme Court decisions in the dom of religion, based on some of the the support of the National Organiza- history of America. The first is the in- earlier statements made on the floor, tion of Black Law Enforcement Execu- famous Plessy v. Ferguson decision in and to then learn that she established tives. She has the support of Women in 1896, wherein the Supreme Court estab- the office’s Religious Rights Initiative Federal Law Enforcement; the His- lished a standard of separate but equal. in New York. Today, as the president panic American Police Command Offi- That was the standard that was used to and executive director of the Lawyers’ cers Association; over 40 prominent po- justify—legally justify—racial dis- Committee for Civil Rights Under Law, lice chiefs and sheriffs; and Sheriff crimination throughout America. Ms. Clarke has spearheaded new initia- David Mahoney, who just this month Sixty years later, in the landmark de- tives to address civil rights issues cre- stepped down as president of the Na- cision of Brown v. Board of Education, ated by new technologies. tional Sheriffs’ Association. the Supreme Court unanimously— She is singularly qualified to head Ms. Clarke’s critics would come to unanimously—rejected that shameful the Civil Rights Division at this mo- the floor and have you believe she has document and blazed a trail for the ment. She brings with her a wealth of deluded all of them. She has deceived modern civil rights movement. expertise and experience needed to lead all of them. Despite the work they This year, 2021, the Senate has a this Division at this moment in his- have done with her, she secretly can’t chance to continue America’s long tory. stand them. march toward equality and racial jus- She also boasts broad, enthusiastic Well, it is not true. And it is not tice by confirming principled, experi- support from the law enforcement com- true, and they know it. I think the enced leaders to the Department of munity. If you were on the floor and Senators on the other side of the aisle Justice. The Senate should work expe- heard the statement previously made should know it as well.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.020 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2565 Ms. Clarke has the support of a bipar- hurled accusations of antisemitism at And this is 18 to 15 inches in 12 hours, tisan group of former Justice Depart- Ms. Clarke, and we reject them. They and there you can see the impact of ment officials who wrote to the com- do not comport with the career and cars flooded up almost to their window. mittee and said: ‘‘Ms. Clarke’s experi- record of the colleague we have worked There is a home in the background, and ence, in addition to her high character, with throughout her career.’’ you can see where the water level is make her a superior choice to lead’’ the These attempts to smear Ms. relative to that home. Civil Rights Division. People who Clarke’s record are a last-ditch effort And here we have another example of worked with her have endorsed her for to discredit a nominee with exemplary vehicles flooded, to give you an idea of promotion. qualifications. how much rain occurred in a short pe- Although Ms. Clarke’s record dem- The bottom line is this: Ms. Clarke is riod of time. onstrates that she has devoted her life the right person to lead the Civil Now, other floods and disasters in to advancing the civil rights of all Rights Division. It is a difficult assign- parts of the country—often floods and Americans, in recent weeks, she has ment. At any time in our history, it is disasters in parts of the country, other been the target of an incredible difficult, probably more so today than than the west and the east coasts, get amount of baseless, vitriolic attacks. ever. She is the person for the job. overlooked. I am here to make the case I don’t understand what is going on At this moment in history, our coun- to not overlook. We cannot ignore the around here sometimes when I look at try needs her combination of expertise, pain and destruction left in the wake of these nominations and wonder how experience, skills, and thoughtfulness these storms. people like her—Kristen Clarke, Vanita to ensure the Civil Rights Division will Overnight, 80 people were rescued Gupta, and others—really enrage peo- again work for all Americans. from flash flooding in Lake Charles. On ple on the other side of the aisle, to the If she is confirmed to be part of top of the rain and submerged roads, point where organizations are making Merrick Garland’s team at the Depart- there were warnings for possible torna- concerted efforts to really twist and ment of Justice, Ms. Clarke would cer- does, prompting shelter-in-place pre- distort their life’s work, their values, tainly make history, being the first cautions. and the talents that they bring. Black woman confirmed by the Senate I heard from constituents that stu- Listen to one of these attacks that to lead the Justice Department’s Civil dents were kept in schools until late was just made again on the floor of the Rights Division—the first. into the night. Senate. The attack is that she person- I look forward to supporting her Now, it is not just Lake Charles; ally defended Mumia Abu-Jamal, who nomination on the floor, as we con- Baton Rouge flooded as well. In Baton was convicted in 1982 of the murder of tinue this process, and I urge all of my Rouge, more than 250 people were res- a Philadelphia police officer named colleagues to vote to discharge her cued after the city got a deluge of over David Faulkner. nomination from committee and ulti- 13 inches of rain on Monday night. The attack is missing one key point. mately confirm her to this critical po- And this is Baton Rouge—not as bad Ms. Clarke never—never—worked on sition at the Justice Department. as Lake Charles in that picture, but the Abu-Jamal case. You wouldn’t My assignment on the Senate Judici- even more people had to be rescued. know that from the charges made. ary Committee is a challenging one. This morning, at least 15,000 homes But perhaps the most vicious attack The committee is evenly divided 11 to and businesses were without power in against her is the false accusation of 11. There are some of the fiercest and East Baton Rouge Parish. anti-Semitism. strongest partisans from the other side The number of homes and businesses Now, I am not Jewish, and the Sen- of the aisle as part of this committee flooded in Lake Charles and Baton ator who suggested that she was anti- structure. Rouge combined is not known, but I Semitic in some of the things that she I marvel sometimes at things that can promise we will continue to hear had said and done is not Jewish either, are said in the committee. When I look distressing and saddening stories about but those who are of the Jewish faith at the evidence—certainly when it the loss of both life and property have considered the charges made comes to Ms. Clarke, her actual life, throughout South Louisiana in the against her. Let me tell you what they her career, her experience, and what coming days. found. she has done—it belies some of the Now, through firsthand accounts, so- They found these accusations baseless criticism that is made. cial media posts, and local news cov- couldn’t be further from the truth. Ms. I just wonder, What is it about this erage, we have already heard emotional Clarke has spent much of her career de- woman that drives some Members into stories. In Lake Charles, a resident and fending the rights of Jewish Ameri- a rage? I have met her. I have heard their newborn had to swim to safety as cans. her questioned in the committee. I be- water levels rose. In Baton Rouge, a At the New York State attorney gen- lieve she has proven throughout her body was found submerged in a vehicle eral’s office, she repeatedly defended life that she is the right person to that had gone into a canal. Jewish employees’ right to observe the move up into this critical position at Water rescues and emergency evacu- Sabbath in the workplace. this moment in history. ations have been underway for the last Does that sound like someone who is I yield the floor. 24 hours, but Americans are at our best negative on the issue of freedom of re- The PRESIDING OFFICER. The Sen- when we help those in need, and folks ligion or anti-Semitic? ator from Louisiana. in Louisiana are resilient. She has also been at the forefront of LOUISIANA So I give thanks to all the brave men confronting the growth of anti-Semitic Mr. CASSIDY. Madam President, I and women of local fire and police de- hate and harassment online through rise today to bring attention to an on- partments for their work in saving her work with the Lawyers’ Com- going situation in South Louisiana. lives. We will get through this to- mittee. For instance, she helped shut Heavy rains are hammering our com- gether. down a virulent White Supremacist and munities. A state of emergency exists When I was in Lake Charles after the anti-Semitic website called across the area, with more rain ex- last hurricane, Hurricane Delta, I Stormfront. pected today. picked up a bracelet that read ‘‘Lake Several Jewish groups have emphati- It has been a difficult 2 years, pan- Charles Strong.’’ We are Lake Charles cally denounced the baseless attacks, demic aside. Eight months ago, Lake Strong; we are Baton Rouge Strong; we which continue to be made, even to Charles was devastated by Hurricanes are Louisiana Strong. this day, against this woman. Delta and Laura, one of the few times While some outside of our State have Notably, the Union for Reform Juda- in history in which a hurricane fol- already forgotten about the natural ism, the Nation’s largest Jewish de- lowed upon a hurricane, almost identi- disasters of 2020, Louisiana has not. nomination, wrote to the Judiciary cally tracking. Many have yet to return to their Committee to voice unwavering sup- Yesterday, areas got anywhere from 8 homes. port for Ms. Clarke’s nomination. to 15 inches of rain in 12 hours. It was Just 2 weeks ago, President Biden Let me tell you what they said. heartbreaking to see Lake Charles hit visited Lake Charles, talking about in- ‘‘We’ve heard the voices who have again by natural disaster. frastructure in front of the Calcasieu

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.022 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2566 CONGRESSIONAL RECORD — SENATE May 18, 2021 River Bridge. Well, when I met him, I The PRESIDING OFFICER (Mr. MUR- nuses. I talked to a woman last week, raised the issue of a disaster relief PHY). Without objection, it is so or- who is a friend of mine, who runs a package. dered. manufacturing company, a great little Our State was hit by hurricanes and ECONOMIC RECOVERY company, which has about 200, 250 em- winter storms, as well as the pandemic. Mr. PORTMAN. Mr. President, I am ployees. She is looking for 60 people A record five main storms made land- here on the floor this afternoon to talk right now. She is offering a $1,000 sign- fall last year in my State. The strong- about the economy, how to get it on ing bonus plus other incentives, bene- est was Laura, a category 4 hurricane, the right track and particularly how to fits, to be able to come to work, and hitting Lake Charles, followed by Hur- deal with the jobs crisis we face right she can’t get people to show up to ricane Delta, a category 2, just a now. It is a different kind of crisis than apply for work. So this is a real prob- month later. we normally talk about. There are a lem in terms of our interest in getting Louisiana farmers were also hit with lot of jobs open, and the workers who this economic recovery going. catastrophic damage to livestock, are needed are not coming forward. It is time to stop this extraordinary crops, and structures during unprece- Washington needs to change direction Federal unemployment supplement. By dented winter storms. to get the economy on the right track. keeping in place this $300 per week on We need a disaster supplemental leg- Current law provides that at least top of this UI benefit and not taxing islation to help communities strug- until Labor Day—that is in September that benefit, President Biden and my gling to recover. We cannot afford to of this year—there will be a Federal colleagues on the other side of the aisle allow the impact of an entire year’s supplemental payment of $300 per week are putting us in a tough position and, worth of natural disasters to go added to the State unemployment ben- I think, on the verge of a real jobs cri- unaddressed. efit. So if somebody is on unemploy- sis because some of these jobs will end Our best line of defense for these nat- ment insurance, they will get their up going away, some permanently, if ural disasters is coastal resiliency, normal State benefit, which in Ohio is we don’t do something about it. which in our State is funded through about half of whatever your income I believe the Federal unemployment what is called GOMESA. That is rev- was, but on top of that, now there is a insurance was necessary, the Federal enue from offshore oil and gas develop- $300 Federal supplement. It was put in supplement, when we were at the heat ment. place during COVID–19, but it con- of the COVID–19 crisis—let’s say a year And folks wonder why I fight so hard tinues until at least September. ago now. People were losing their jobs to preserve that funding for GOMESA. By doing so, adding that $300, it near- through no fault of their own. Their GOMESA allows Louisiana to rebuild ly doubles the unemployment insur- businesses were shutting down, in part our coastline so if there is a hurricane ance benefit, on average. It also results because the government was putting in coming onshore, there is the resiliency in about 42 percent of those people who place social distancing guidelines or from a coastline which is built out are on unemployment insurance mak- otherwise saying that businesses had with wetlands to absorb the strength of ing more on UI than they were making to temporarily close. A lot of people that hurricane. at work. It has the effect of, in most lost their jobs. In my view, Congress rightly put in We need to preserve GOMESA to con- States, more than doubling the amount place expanded unemployment benefits tinue having dollars flow not just to of unemployment insurance, and it also to help those families get by when the Louisiana but to other Gulf Coast doubles the minimum wage. So you can economy was largely shut down, but we States to protect against natural disas- imagine why this is a disincentive for are in an entirely different place now, ters. some people to go back to work, if they It will be raining today and maybe entirely different place. Again, 8.1 mil- can make more not working. lion jobs are open right now. It is a his- longer, but to those—oh, one more On top of that, Democrats here in toric time. We have never had this thing to mention. Congress, during the COVID legisla- There is a portion of the Presi- many jobs open in America. tion, added another benefit to people dent’s—a portion of the President’s in- Thanks to the hard work of a lot of on unemployment insurance compared frastructure bill which has not at- our researchers and scientists, this to people who are working, and that is tracted a lot of notice but which I vaccine has gotten out there at record to say that your first $10,000 of unem- would agree with. It is called nature re- pace. We now have had vaccinations at ployment insurance is tax-free. So if silience—using the natural structures levels that we had all hoped for earlier. you are a truckdriver making 35,000, of our coastlines in order to increase As a result, with more than half of 40,000 bucks a year, you don’t get that resiliency against water events and Americans already having had one vac- tax benefit, but if you are on unem- other events. cination—in my State of Ohio, it is And in a spirit of bipartisanship, but ployment insurance, you do get that even better than that—restrictions are once seeing the necessity of it, I would benefit—again, another disincentive to easing, and businesses are opening up, support that provision as I now undergo back to work. fully open again. In my home State of People are logical. If the government stand it. Ohio, there is no longer a mask man- So for all those in South Louisiana, is going to pay you more not to work date. Here in the U.S. Senate is an ex- please stay safe, listen to local officials than to work, it creates a problem. And ample. Things are opening up. With for further instructions. you can see that problem. We have a that reopening, again, comes all these I will continue to monitor the situa- record number of job openings right job openings that can’t be filled. tion and help, as possible, with recov- now; 8.1 million jobs are open in Amer- The economic recovery you would ex- ery efforts. My office is in contact with ica today. pect right now is not happening be- the White House, ensuring the full sup- The economic recovery we all are cause people are not getting back to port of the Federal Government is looking forward to is being hampered work. there to help now and then to help re- by what? A lack of workers. If you go We just had the jobs numbers from covery. down your Main Street wherever you last month. The country added 266,000 Our prayers are with those experi- live, you will see the ‘‘help wanted’’ jobs in April. This was alarming be- encing flooding and other hardships. signs up. If you go by your restaurants, cause it was only one-quarter of what We thank the American people for you will see, instead of the marquees the economists predicted, only 25 per- their support. saying ‘‘Come and check out our great cent of what people predicted. It is an I yield the floor. apple pie or our hamburgers,’’ they say early warning sign that should not be I suggest the absence of a quorum. ‘‘We are paying signing bonuses’’—$500, ignored. The PRESIDING OFFICER. The $250. I went by a Frisch’s Big Boy on These disappointing monthly job re- clerk will call the roll. the way to the airport on Monday, and ports typically tell bad news on two The bill clerk proceeded to call the that is what I saw—McDonald’s offer- fronts. One is that there haven’t been roll. ing a $500 bonus. as many new jobs added as you would Mr. PORTMAN. Mr. President, I ask There are manufacturers I know in want, and that is certainly true. unanimous consent that the order for the State of Ohio I represent offering But second, it says there are not the quorum call be rescinded. much more in terms of signing bo- enough available jobs out there. There

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.023 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2567 aren’t enough open jobs out there. $300 because they know it is not work- One of the reasons, we are hearing, is That is not the problem now. Adequate ing for the small businesses; it is not that schools are not open, so they have number of jobs is not the problem. The working for the economy; it is not to use childcare because their kids are jobs are available. But if the President working for individuals who are not not in school. With only 54 percent of and Congress don’t change course, that getting back to their career track, who K–8 schools actually being open could become a problem. If steps aren’t are losing training and losing the abil- today—that is the latest number we taken to dismantle some of the dis- ity to keep up with what is going on at have—that is a real problem. Again, incentives to work, some of these work because they are, again, given that is one we can solve. The CDC is record number of available jobs we this disincentive to go back. playing a role in that by saying: Get talked about are going to go away. It is working. There was a hotel, I am the kids back to school. They can do so Let me give an example. There is a told, in the first State that decided to safely. There certainly should not be restaurant called Geordie’s in Colum- do this, which was Montana—did it any reason for this now, given the fact bus, OH. They have closed down. about 2 weeks ago—a hotel where they that so many people have been vac- Geordie’s is closed down. They can’t were offering every week to hire more cinated and, thank goodness, the infec- find workers. That is the reason. The employees. They were looking for more tion levels are going down so much. owner was quoted as saying something employees. They were getting 1 person So I know that is an issue. Childcare like: You know, COVID–19 didn’t take a week to show up; last week, 60 peo- is an issue. me down. He got the PPP loan. He kept ple—60 people—because they are not of- The other issue, I think, that we have going, and he struggled through, and fering the $300 anymore. They are giv- to know is that some people are con- he was staying open. He said: My own ing the money back. cerned about still getting infected at government has taken me down, be- The Biden administration, as you work and what the virus might, you cause he can’t compete with unemploy- know, would like to spend a lot more know, lead to in terms of an unsafe ment insurance at that level. money on a lot of different things— workplace. But I will tell you, that We have lots of other businesses in that totals about $6 trillion when you concern is a lot less now. Again, so Ohio. Here are some. Your Pizza Shop, add it all up—to prime the pump, more many people have been vaccinated, and Muddy’s, Donatos—all in Wooster, stimulus, get the country back to the CDC again has responded to that OH—have told me that they are closing work, as they say. and said: You can have a safe work- down 1 day a week or more because What has happened is, a lot of this place. You can have a safe school. It is stimulus money, particularly in the they are understaffed. Facing no alter- not hard to do. $1.9 trillion COVID package, has over- native, other businesses are figuring So let’s get back to work, and par- heated the economy—and you can see out ways to permanently move forward ticularly, let’s deal with this unem- it in the higher inflation numbers— ployment insurance issue because that with fewer employees. This concerns me. In some cases, which is what a lot of people predicted, is the main reason people are not re- they tell me they are just downsizing including Democratic economists and turning to work, I am told by the em- former Secretary of Treasury Larry their business. If you can’t find those ployers out there. With more than 40 Summers. A lot of us on the Repub- 60 employees and you are the manufac- percent of workers making more with lican side were concerned about this. turer right now, what do you do? You unemployment insurance and that sup- Well, it is happening. And we are see- are restricting your business. You are plement than they would in their jobs, ing more and more proposals for more not opening new markets, and you are businesses just can’t compete. and more stimulus. Inflation is not Think how tragic this is. A small closing down maybe even some existing what we need. business owner works tirelessly to keep customers because you can’t serve By the way, that spending of $6 tril- the lights on through COVID–19—again, them. So these jobs are going. Others lion is about six times what the gov- maybe uses the PPP or otherwise and are figuring out ways to do it with ernment spent during the New Deal in stays in business—and finally, after fewer people. Again, some might say the 1930s, and that is inflation-ad- more than a year, reaches a point that is a good thing—using technology justed. I mean, this is a lot of money. where the virus is in retreat—we are and using automation to displace Instead, what we ought to do is help doing all the things we should be doing workers. I don’t think it is a good get people back to work and encourage to make our workplaces safe—and now thing. I would rather have more people them and let this economy grow on its they might have to close because they working. That is what they want, too, own, which it is going to do. During the just can’t find people to work. but they can’t afford it, so they are COVID–19 discussion, the Congressional The same story is being told all over going to more automation, they tell Budget Office—a nonpartisan group the country and certainly all over my me, going to anything they can do to here in Washington and Congress—told State. Again, this is why 21 States now, do it with fewer workers. us that the economy is going to reas of this afternoon, including my This is a problem, and again, Wash- cover to its pre-COVID level by mid- home State of Ohio, have decided to ington is creating this problem. Why year if we do nothing, no more stim- give the $300 back. But we shouldn’t, would we do that? Again, I understood ulus. Yet people insisted on more and here in Washington, continue to pro- it and supported it when we had the more stimulus, and we can see what is vide that $300 to everybody else. COVID–19 crisis. People were losing happening. Governors in these States understand their jobs through no fault of their Part of that stimulus, part of that that encouraging workers to return to own. But the opposite is happening spending, was this $300 until Labor the job market is essential to the econ- now. Day, $300 week per week in expanded omy, but it is also good for the work- We have to change gears. We are at a unemployment benefits from the Fed- force to get back to work, get back to crossroads. We can continue to have eral Government, on top of the fact what happens when you go to work, this economy stagnate, continue to that you don’t get taxed on your first which is you have that sense of fulfill- hurt working families, or we can get $10,000. Again, that $300 is on top of ment, that dignity and self-respect people back to work and create robust whatever the State benefit is. that come with work, and you are and sustained economic growth. Are there other factors that are lead- keeping up with whatever the techno- I would take the $300 a week, by the ing to this labor problem we have now logical changes at work are and getting way, and shift it to a 6-week temporary in our country? I think there are. I back on your career track. bonus of $100 a week to go to work, a think there are. One is that we have a Guidance from the Biden administra- work bonus. You could do that imme- situation now where some people just tion, the CDC, says we can move for- diately even while keeping the $300 in can’t afford childcare. So they are not ward with getting back to normal. It is place for a short period of time be- only getting more money on unemploy- time for President Biden to follow that cause, right away, you could help peo- ment, perhaps, than they are getting at advice and to end the disincentive to ple to get back to work. It would hap- work; if they go to work, they have to work that is holding back the eco- pen. pay for childcare. And childcare is too nomic recovery. By the way, some States have de- expensive, and I would like to work on These are simple steps we can take. cided on their own just to get rid of the that. Again, I would do a $100 bonus to go

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.031 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2568 CONGRESSIONAL RECORD — SENATE May 18, 2021 back to work for 6 weeks. But the most She wouldn’t answer, telling me she Mr. President, I have just filed a sub- important thing is to end the $300 and was unfamiliar with the case. Given stitute amendment to the Endless to let people once again have the op- her youthful activism, I find that very Frontier Act that will pull together bi- portunity to pursue their American hard to believe. Last summer, she partisan legislation from across the dream, which is not unemployment; it wrote an article in Newsweek advo- Senate committees into a single com- is getting a job. With 8.1 million jobs cating for defunding the police, but she prehensive bill to restore America’s being offered—a historic number, the insists the words on the page aren’t competitive edge. most ever—it is time to make that what she meant. I am sorry, but if it is This new bill will be called the U.S. change. not what she meant, then she shouldn’t Innovation and Competition Act, and it I urge my colleagues and I urge the have said it. will include bipartisan legislation from administration to change course. I don’t think she is the right person the Foreign Relations Committee to I yield back my time. for this job at this time. A nominee to strengthen our alliances and hold The PRESIDING OFFICER. The Sen- lead the Civil Rights Division should be China accountable for predatory trade ator from Iowa. nonpartisan, should be independent, practices; bipartisan legislation from NOMINATION OF KRISTEN M. CLARKE and should be upfront about her beliefs. the Homeland Security committee to Mr. GRASSLEY. Mr. President, I will Unfortunately, I think Ms. Clarke invest in AI, cyber security, and poli- not be voting to discharge the nominee misses all three marks. cies to make sure American taxpayer Kristen Clarke to run the Civil Rights As I have said, I don’t want to return money is used to buy American prod- Division of the Department of Justice, to the Eric Holder days, so I will vote ucts; bipartisan legislation from the so I come to the floor to explain to my no. HELP Committee to protect our re- colleagues why I feel this way. I yield the floor. search and invest in STEM; bipartisan While Ms. Clarke may be a very good The PRESIDING OFFICER (Mr. MAR- legislation from the Judiciary Com- attorney—in fact, I don’t think there is KEY). The majority leader. mittee to bolster antitrust enforce- any doubt that she is—she continues Mr. SCHUMER. Good afternoon. ment; bipartisan legislation from the trend of politicized nominees to the The PRESIDING OFFICER. Good Banking to sanction predatory behav- Justice Department under this Presi- afternoon. ior from the Chinese Communist Party. dent. While I disagree with her strong- Mr. SCHUMER. I am adding a little And, very importantly, the substitute ly on some of her views, especially stability and friendship to these august amendment will now include a historic when it comes to defunding the police, proceedings, I hope you realize. $52 billion investment to make sure the United States stays on the cutting my issues with Ms. Clarke go beyond VOTE ON MOTION that. edge of chip production—semicon- Mr. President, I know of no further ductor chip production—which is essen- The Justice Department and espe- debate on the motion. cially the Civil Rights Division need to tial for this country’s economy, includ- The PRESIDING OFFICER. If there ing our auto industry, our tech indus- be committed to impartial and equal is no further debate, the question is on justice. In the wrong hands, the Civil try, and our military. agreeing to the motion to proceed. Again, this legislation will now in- Rights Division can be used to target The motion was agreed to. and harass the President’s political op- clude a historic and immediate infu- ponents. It can threaten law enforce- f sion of Federal money in the semiconductor industry to boost domestic pro- ment, school choice advocates, reli- ENDLESS FRONTIER ACT gious schools, red States, and production and shore up critical supply lifers. The PRESIDING OFFICER. The chains. This isn’t a hypothetical. Under Ms. clerk will report the bill by title. This is a very big deal. It fits in with Gupta, the Civil Rights Division de- The legislative clerk read as follows: the concept of the Endless Frontier fended an effort to take over Louisi- A bill (S. 1260) to establish a new Direc- Act, and I am very pleased it will be in the bill. ana’s school choice program. Now, can torate for Technology and Innovation in the American manufacturing has suffered you imagine that? Luckily, a group of National Science Foundation, to establish a regional technology hub program, to require rather dramatically from a chip short- African-American mothers stopped a strategy and report on economic security, age. We have all heard about auto them in the Fifth Circuit. Just think— science, research, innovation, manufac- plants in our States that are closed or African Americans stopped an obvious turing, and job creation, to establish a crit- operating in reduced capacity because injustice by the Justice Department. ical supply chain resiliency program, and for they can’t get the chips. The shortage The fact is that our civil rights laws other purposes. in our tech industry shows how vulner- are broad, and the mere threat of their AMENDMENT WITHDRAWN able our supply chains are. enforcement can chill legitimate polit- Mr. SCHUMER. Mr. President, I ask We simply cannot rely on foreign ical opposition. Because of that, I unanimous consent to withdraw the processors for chips. This amendment think that the head of the Civil Rights committee-reported substitute amend- will make sure we don’t have to. Division needs to be above reproach ment. America invented the semiconductor when it comes to partisanship. The PRESIDING OFFICER. Without chip. We are still at the cutting edge of Unfortunately, Ms. Clarke is a liberal objection, it is so ordered. research, but fewer than 12 percent of partisan. She has opposed the enforce- The committee-reported amendment them are made in America. And if this ment of the law against Ike Brown, a in the nature of a substitute was with- bill doesn’t pass, it will go down to 6. Mississippi voter suppressor, either be- drawn. Other countries—notably, China—will cause of the color of his skin or be- AMENDMENT NO. 1502 become the leaders, not just in chip cause he was a Democrat. Neither an- (Purpose: In the nature of a substitute.) manufacturing and chip production but swer is acceptable. She has disparaged in the many industries that depend on Mr. SCHUMER. Mr. President, I call religious freedom groups like the Alli- chips. We cannot let that happen. ance Defending Freedom. She has op- up amendment 1502. The best way to do that is to add this posed important Supreme Court deci- The PRESIDING OFFICER. The amendment to the bill, which I have sions protecting religious liberty, indi- clerk will report the amendment. just done, and make sure it passes. vidual Supreme Court Justices, and The senior assistant legislative clerk The substitute amendment is dra- even some of my colleagues. She has read as follows: matic not only in terms of chips but in held Republican nominees to a stand- The Senator from New York [Mr. SCHUMER] terms of American investment in re- ard she didn’t want to apply to herself. proposes an amendment numbered 1502. search, in science, and innovation. Ms. Clarke has run away from her (The amendment is printed in today’s When we invest in research and science record. I asked her at the hearing RECORD under ‘‘Text of Amendments.’’) and innovation, millions of good-pay- whether Mumia Abu-Jamal, the coun- Mr. SCHUMER. Mr. President, I am ing jobs follow, and the American econ- try’s most notorious cop killer, was a going to speak on this amendment for omy leads the world. Our failure to in- political prisoner, like someone said at a minute, then we will move to the mo- vest will displace us from that position a conference that she helped organize. tion to discharge Kristen Clarke. and all too soon.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.032 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2569 All told, the substitute amendment There appears to be a sufficient sec- We are committed to fighting for work- will mean that the legislation we are ond. ers. And we have big, bold ideas to do about to debate is the product of a half The clerk will call the roll. that, like establishing national paid a dozen Senate committees, with input The legislative clerk called the roll. sick, family and medical leave policies; from just about every Member of the Mr. DURBIN. I announce that the rebuilding our childcare infrastructure; Senate. This legislation, I am proud to Senator from Michigan (Ms. STABENOW) raising the Federal minimum wage to say, is thoroughly bipartisan, and it is necessarily absent. $15 an hour; ending the wage gap; and shows. When our colleagues will work Mr. THUNE. The following Senator is strengthening our Nation’s labor laws. with us, we want to work together necessarily absent: the Senator from But after 4 years of nonstop attacks whenever we can. Alaska (Ms. MURKOWSKI). on workers’ rights, it is also critical Now, these policies may sound com- The result was announced—yeas 50, that we undo the damage done by the plicated, but they are propelled by a nays 48, as follows: Trump administration. So I am urging simple motivation—making sure the [Rollcall Vote No. 193 Ex.] my colleagues to join me in voting to United States stays the global eco- YEAS—50 overturn a Trump administration rule that imposed strict limits on the Equal nomic leader. In the 20th century, Baldwin Heinrich Peters American prosperity was anchored in Bennet Hickenlooper Reed Employment Opportunity Commis- our unmatched capacity for innovation Blumenthal Hirono Rosen sion’s ability to address workplace dis- and invention. Researchers at Amer- Booker Kaine Sanders crimination. Brown Kelly Schatz The EEOC is a critical Agency. It is ican universities and laboratories fash- Cantwell King Schumer responsible for holding employers ac- ioned marvels that changed the way we Cardin Klobuchar Shaheen work, the way we communicate, and Carper Leahy Sinema countable for following workplace dis- Casey Luja´ n Smith crimination laws. And when they don’t, the way we live. American workers and Collins Manchin Tester businesses brought those innovations Coons Markey it is one of the few places a worker can Van Hollen to a global market, producing the larg- Cortez Masto Menendez go to make sure they get a fair hear- Duckworth Merkley Warner ing, accountability, and justice. But in est middle class in the world and an al- Warnock Durbin Murphy January, the Trump administration’s most innate optimism about the fu- Feinstein Murray Warren ture. Gillibrand Ossoff Whitehouse Republican Commissioners voted to fi- Here, unfortunately, in the 21st cen- Hassan Padilla Wyden nalize a rule that tipped the scales in tury, America is falling behind. Other NAYS—48 favor of employers in EEOC’s process to settle discrimination cases. countries are investing more in their Barrasso Graham Portman economies and training their focus on Blackburn Grassley Risch That rule gave employers access to beating the United States to the key Blunt Hagerty Romney information about the worker’s case, technologies of the future. If we don’t Boozman Hawley Rounds but not the other way around. It made Braun Hoeven Rubio it easier for employers to demand the step up now—now, not 2 years from Burr Hyde-Smith Sasse now—and if we don’t step up in a big Capito Inhofe Scott (FL) identity of victims and witnesses, in- and bold way, we risk missing out on a Cassidy Johnson Scott (SC) creasing the risk of retaliation. And it Cornyn Kennedy Shelby was set to worsen the backlog of cases generation of good-paying jobs, mil- Cotton Lankford Sullivan lions and millions of them. We risk Cramer Lee Thune at the EEOC, forcing workers to wait ceding the mantle of global economic Crapo Lummis Tillis longer for justice. Put simply, that leadership to our adversaries. We risk Cruz Marshall Toomey rule was designed to make it easier for Daines McConnell Tuberville employers to delay or deny justice to losing the sunny optimism that has de- Ernst Moran Wicker fined the American character for gen- Fischer Paul Young workers who have experienced discrimination on the job. erations. NOT VOTING—2 This is an issue where we can unite We cannot accept a system that is Murkowski Stabenow our country behind the goal of keeping designed to let employers get away America No. 1 in science and in tech- The motion was agreed to. with violating workers’ rights. So we nology, and this bill puts us a giant The PRESIDING OFFICER. Pursuant absolutely cannot let this rule stand. step closer to keeping America one to S. Res. 27 and the motion to dis- Let’s overturn this rule and restore a step ahead for decades to come. charge having been agreed to, the nom- fair settlement process for the tens of ination will be placed on the Executive thousands of workers who file discrimi- f Calendar. nation charges with the EEOC each EXECUTIVE SESSION The Senator from Washington. year. Mr. SCHUMER. Mr. President, I f This is a small but important step in move to proceed to executive session. the fight to build a more fair and inclu- LEGISLATIVE SESSION We are now on the motion to discharge. sive economy for all workers, and I be- The PRESIDING OFFICER. The Mrs. MURRAY. Mr. President, I lieve every one of us who thinks work- question is on agreeing to the motion. move to proceed to legislative session. ers deserve to do their jobs free from The motion was agreed to. The PRESIDING OFFICER. The harassment and discrimination can f question is on agreeing to the motion support this. to proceed. Thank you. MOTION TO DISCHARGE The motion was agreed to. Mr. President, I move to proceed to Mr. SCHUMER. Mr. President, pursu- The PRESIDING OFFICER. The Sen- S.J. Res. 13. ant to S. Res. 27, the Committee on the ator from Washington. The PRESIDING OFFICER. The clerk will report the resolution by Judiciary being tied on the question of f reporting, I move to discharge the Sen- title. ate Committee on the Judiciary from PROVIDING FOR CONGRESSIONAL The bill clerk read as follows: further consideration of the nomina- DISAPPROVAL UNDER CHAPTER Motion to proceed to Calendar No. 33, S.J. tion of Kristen M. Clarke, of the Dis- 8 OF TITLE 5, UNITED STATES Res. 13, a joint resolution providing for con- CODE, OF THE RULE SUBMITTED gressional disapproval under chapter 8 of trict of Columbia, to be an Assistant title 5, United States Code, of the rule sub- Attorney General. BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION RE- mitted by the Equal Employment Oppor- I ask unanimous consent that all tunity Commission relating to ‘‘Update of time be yielded back. LATING TO ‘‘UPDATE OF COM- Commission’s Conciliation Procedures’’. MISSION’S CONCILIATION PROCE- The PRESIDING OFFICER. Without VOTE ON MOTION objection, it is so ordered. DURES’’—Motion to Proceed The PRESIDING OFFICER. The Mr. SCHUMER. I ask for the yeas Mrs. MURRAY. Mr. President, right question is on agreeing to the motion and nays. now, Democrats are hard at work to proceed. The PRESIDING OFFICER. Is there a building back an economy that works Mrs. MURRAY. I ask for the yeas and sufficient second? for everyone, not just those at the top. nays.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.034 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2570 CONGRESSIONAL RECORD — SENATE May 18, 2021 The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without disease that is difficult to diagnose, sufficient second? objection, it is so ordered and there is no known cause or cure. There appears to be a sufficient sec- f I want to recognize the hard-working ond. Americans fighting to understand, edu- IDAHO GOLD STAR FAMILIES The clerk will call the roll. cate, and find a cure for this disease, MEMORIAL MONUMENT The bill clerk called the roll. and I want to thank the Florida Chap- Mr. THUNE. The following Senator is Mr. CRAPO. Mr. President, along ter of the Lupus Foundation of Amer- necessarily absent: the Senator from with my colleagues Senator JIM RISCH ica for their work to raise awareness, Alaska (Ms. MURKOWSKI). and Representative MIKE SIMPSON, I support research, and conduct edu- The result was announced—yeas 50, congratulate all those who worked on cation programs so every Floridian af- nays 49, as follows: the completion of the Idaho Gold Star fected by lupus can have an improved [Rollcall Vote No. 194 Leg.] Memorial Monument to honor Idaho’s quality of life. YEAS—50 fallen servicemembers and commemo- I also want to thank the volunteers rate the enormous cost of our freedoms that generously give their time Baldwin Hickenlooper Reed Bennet Hirono Rosen shouldered by their families. throughout the year to educate and Blumenthal Kaine Sanders We commend the members of the help patients with lupus, including two Booker Kelly Schatz Idaho Gold Star Families Memorial outstanding Floridians: Anne Bright Brown King Schumer Monument Committee on their work to Cantwell Klobuchar and Denise Brown. Shaheen see this project through to completion. Anne Bright, who suffers from lupus Cardin Leahy Sinema ´ Carper Lujan Smith Bringing together the partners, volun- herself, is one of the founding members Casey Manchin Stabenow teers, and many supporters to make of the Florida chapter and has dedi- Coons Markey Tester Cortez Masto Menendez the monument happen was no small cated her life to growing the organiza- Van Hollen Duckworth Merkley undertaking. We extend a special tion and providing help to so many Durbin Murphy Warner thank you to the committee’s chair- Warnock Floridians struggling with lupus. Anne Feinstein Murray person, Gold Star mother Rebecca Gillibrand Ossoff Warren leads the Butterfly Bash committee, Hassan Padilla Whitehouse Webb, for leading the establishment of which has raised over half a million Heinrich Peters Wyden the memorial. You have turned your dollars over the past decade. As a spir- NAYS—49 profound sorrow for the loss of your ited lupus advocate, she touches count- son, MSG Christopher Webb, and the Barrasso Graham Risch less lives, providing hope, resources, Blackburn Grassley Romney grief of all Gold Star Families, into a and comfort to those affected by lupus. Blunt Hagerty Rounds profound tribute to the great strength Denise Brown lost her 18-year-old Boozman Hawley Rubio and devotion of our Nation’s service- daughter, Brooke, to lupus in 2017. Braun Hoeven Sasse Burr Hyde-Smith members and their families. Brooke had been diagnosed with lupus Scott (FL) How great it is to reach the final Capito Inhofe Scott (SC) at the age of 12, and her courageous Cassidy Johnson Shelby stage in the transformation of a piece battle with lupus inspired her dreams Collins Kennedy Sullivan of Idaho into an enduring memorial. to become a nurse. Unfortunately, Cornyn Lankford Thune Cotton Lee From the memorial’s large, central Brooke never got to pursue those Tillis Cramer Lummis gold star symbolizing the great loss ex- dreams. Denise honors Brooke’s mem- Toomey Crapo Marshall perienced by loved ones of fallen serv- ory every day by dedicating her life to Cruz McConnell Tuberville Daines Moran Wicker icemembers, to the inherent recogni- raising awareness of lupus and its ef- Ernst Paul Young tion of the service of those who laid fect on people of all ages, especially Fischer Portman down their lives for our country, the children, and helping those going NOT VOTING—1 depth of your love is clear in every through the unimaginable stress and Murkowski thoughtful detail. You honor not only hardship of this disease. the memories of your loved ones but This Lupus Awareness Month, I The motion was agreed to also the lives of the servicemembers thank the brave and hard-working vol- The PRESIDING OFFICER (Mr. and families who served our country unteers like Anne and Denise and the PETERS). before them and those who will follow wonderful organizations in Florida and The clerk will report the bill by title. in their eternal footsteps. across the Nation working hard to im- f We are blessed to have this out- prove the quality for those struggling standing tribute in Idaho and to be with lupus and getting us closer to a PROVIDING FOR CONGRESSIONAL part of the network of Gold Star me- cure. DISAPPROVAL UNDER CHAPTER morials nationwide. You have created a 8 OF TITLE 5, UNITED STATES f beautiful place of tribute to Gold Star CODE, OF THE RULE SUBMITTED Families, who give far more to our HONORING SEAMAN SECOND BY THE EQUAL EMPLOYMENT country than we can ever reciprocate. CLASS HOWARD SCOTT MAGERS OPPORTUNITY COMMISSION RE- The Idaho Gold Star Families Memo- Mr. PAUL. Mr. President, during Me- LATING TO ‘‘UPDATE OF COM- rial stands as a lasting place for all morial Day weekend in my home com- MISSION’S CONCILIATION PROCE- Americans to remember fallen service- munity, a fleet of cars will depart a DURES’’ members and the great sacrifice of the local funeral home and make the 25- The senior assistant legislative clerk families who stood with them and will mile trip to Merry Oaks United Meth- read as follows: always love them. odist Church Cemetery in neighboring A bill (S.J. Res 13), providing for congres- f Smiths Grove, KY. This will be the sional disapproval under chapter 8 of title 5, final leg of a journey that began over United States Code, of the rule submitted by NATIONAL LUPUS AWARENESS 6,000 miles and nearly 80 years ago. the Equal Employment Opportunity Com- MONTH U.S. Navy Seaman 2nd Class Howard mission relating to ‘‘Update of Commission’s Mr. SCOTT of Florida. Mr. President, Scott Magers was one of the 429 crew Conciliation Procedures’’. I rise today in recognition of National members who perished aboard the USS The PRESIDING OFFICER. The Sen- Lupus Awareness Month. Oklahoma on December 7, 1941. Scott ator from New York. This is an important time to pause to was 18 years old. The tragedy of his f reflect on what more we can do to solve death was made ore unbearable because the cruel mystery of this disease, while he was buried in a mass grave along- MORNING BUSINESS providing caring support to those side those of his shipmates who were Mr. SCHUMER. Mr. President, I ask across our Nation who suffer from its also unable to be identified. unanimous consent that the Senate be impact. Lupus affects around 1.5 mil- Thankfully, beginning in 2015, new in a period of morning business, with lion Americans and 100,000 Floridians, dental, anthropological, and Senators permitted to speak therein including men, women, and children of mitochondrial DNA analyses were em- for up to 10 minutes each. all ages. It is a chronic autoimmune ployed to identify those who had fallen

VerDate Sep 11 2014 18:39 Aug 03, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD21\MAY\S18MY1.REC S18MY1 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2571 at Pearl Harbor. As a result, the re- But Sheriff Mahoney is perhaps best manding officer, GEN Gustave A. mains of Scott Magers will soon return known for his efforts to expand com- Perna, and was meticulous in her pro- to beautiful Barren County, KY where munity engagement and rebuild trust vision of precise, detailed information he grew up. Among those welcoming between communities of color and law to Congress. She is also a Nurse Corps him home will be Betty Magers, who enforcement. Under his leadership, the officer, and her medical knowledge was only 11 when Scott said his good- sheriff’s office partnered with the Jus- made her an exceptional asset to Mem- byes to family and friends and headed tified Anger Coalition, a local initia- bers of Congress and their staffs, par- to basic training. tive designed to eliminate racial dis- ticularly when it came to explaining As on every Memorial Day, we want parities and create opportunities for the program’s revolutionary scientific to honor those men and women who African Americans. He also served on and medical testing decisions, which have lost their lives in the service of the county’s Criminal Justice Council, were vital to finding, testing, and re- their country in our Armed Forces. But which pursues reform across both the ceiving emergency approval for three today, we remember one very specific legal and penal systems. vaccines in record time. In this sense, young man, Howard Scott Magers, and, While Sheriff Mahoney is retiring Major Mack was not merely a source of on behalf of all the other fallen, say to from the Dane County Sheriff’s Office, information but of education. Thanks him, ‘‘Welcome home. Fair winds and he is not retiring from his dedication to her efforts, when the first following seas.’’ to safety and security. He will continue coronavirus vaccines were adminis- f his leadership in his new role as the di- tered in December 2020, there was rector of Strategy and Support in the broad, bipartisan congressional con- TRIBUTE TO SHERIFF DAVID Protective Services Division of Amer- fidence in the vaccines’ safety and effi- MAHONEY ican Family Insurance, and he will re- cacy because she taught our staffs and Ms. BALDWIN. Mr. President, today main a strong voice in the commu- us what we needed to know. I rise to honor David Mahoney, sheriff nity’s pursuit of racial justice reform. In the months that followed, as at- of Dane County, WI, on his retirement. I am proud to honor Sheriff David tention shifted from the development Throughout his long and notable career Mahoney’s four decades of protecting of the vaccines to their production and in law enforcement, Sheriff Mahoney Dane County citizens with respect and delivery, Major Mack continued to pro- has been a champion of those in the grace, and I am grateful to call him my vide regular and detailed updates for profession and an advocate of deep- friend. Members and staff. Again, I think we ening community engagement. f need to admire Operation Warp Speed’s After earning degrees from Madison achievement here: For the first time in TRIBUTE TO MAJOR AIMEE A. College and the University of Wis- history, vaccines are effectively going MACK consin-Madison, Sheriff Mahoney from conveyor belts to arms within began his 41-year career in law enforce- Mr. INHOFE. Mr. President, I am days. Major Mack’s deep knowledge of ment, all but one of which was spent in pleased to recognize MAJ Aimee A. the process and her outstanding work the Dane County Sheriff’s Office. He Mack, U.S. Army, on the conclusion of in sharing it with us bolstered congres- also graduated from the National Sher- her current assignment. Since May sional confidence in the program. To iffs’ Institute Executive Management 2020, Major Mack has served with great put a finer point on it, when our State Program and the FBI National Acad- distinction as the legislative liaison for health departments needed the latest emy for Executive Management. Sher- the Countermeasures Acceleration information on vaccine allotments and iff Mahoney’s distinguished career in- Group, which was previously known as projections, we knew who to call—MAJ cludes extensive experience in labor Operation Warp Speed. Throughout the Aimee Mack. management, having served 12 years as development, production, and distribu- Major Mack will soon depart for a local, State, and national labor exec- tion of the various coronavirus vac- Command and General Staff College at utive officer, including several years as cines, Major Mack has been an out- Fort Leavenworth, KS, and she will be head of the Wisconsin Professional Po- standing source of information for my greatly missed. I want to thank her for lice Association. His leadership abili- staff and me, helping us understand a her exceptional service and thank her ties were recognized when he was ap- fast-moving and game-changing pro- family as well—her husband, MAJ pointed president of the National Sher- gram that is saving millions of Amer- Jamaal Mack, and her children, Daunte iffs’ Association and the Badgerland ican lives. and Alisa. I wish her every success in Sheriffs’ Association. I think we all need to pause and mar- the future and sincerely hope we get to Sheriff Mahoney was elected as the vel at the miracle that Operation Warp work with her again soon. 52nd sheriff of Dane County in 2006. He Speed fostered. Today, based on the f won reelection in 2010, 2014, and 2018. successful foundational work of Oper- As Sheriff, Dave led an organization of ation Warp Speed, it is extremely easy TRIBUTE TO LIEUTENANT 600 staff in a county spanning 1,238 for any eligible American to receive a COLONEL ANTHONY V. SANTINO square miles with over 575,000 resi- coronavirus vaccine. So it might be Ms. ERNST. Mr. President, I rise dents. He was a steadfast advocate for hard to remember just how far-fetched today to honor a great American and justice, safety, taxpayers, and the men that objective seemed when Operation an exceptional member of the United and women in uniform who served on Warp Speed was launched during the States Air Force. On this occasion, I his team. height of the pandemic, approximately believe it is fitting to recognize Lt. During his tenure, Sheriff Mahoney 1 year ago. At the time, many in the Col. Anthony ‘‘Tony’’ Santino’s distin- worked hard to reduce recidivism and mainstream media doubted that a guished service and dedication to fos- engage in partnerships to promote coronavirus vaccine could be produced tering the relationship between the criminal justice reform. He is espe- so quickly. President Trump’s plan to U.S. Air Force and this Chamber. cially respected for his work in under- make a coronavirus vaccine available Lieutenant Colonel Santino has dis- standing the reasons people enter the by the end of 2020 was repeatedly ‘‘fact tinguished himself through his profes- criminal justice system and developing checked,’’ and leading political and sional character and leadership by programming in a jail setting to ad- medical figures viewed the program as serving this Nation in uniform. A lead- dress these reasons. He has been a either a low-odds gamble or a political er and expert communicator, he has strong advocate for more humane con- stunt. provided exemplary service to our ditions in the county’s aging jail facili- This was the very difficult informa- country while assigned to the Air ties, including improving access to tion environment that Major Mack Force Senate Liaison Office. Tony is a mental health and substance abuse confronted when she was appointed as senior missileer, operating at the high- treatment. He also expanded electronic Operation Warp Speed’s legislative liai- est levels of America’s nuclear enter- monitoring programs to reduce a grow- son in May 2020, but she was uniquely prise, ensuring the United States and ing jail population and ended a costly suited for the assignment. Like all of its allies are strategically prepared to program that transferred inmates to the best legislative liaisons, Major defend this great nation from external facilities in other counties. Mack had the confidence of her com- threats.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.003 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2572 CONGRESSIONAL RECORD — SENATE May 18, 2021 Prior to his current assignment, ADDITIONAL STATEMENTS war but embarked on a lifetime of serv- Tony had the privilege of being an Air ice, consistently demonstrating cour- --- Force fellow for Representative LIZ age, selflessness, and, above all, broth- CHENEY. In addition to his numerous RECOGNIZING THE LINTON HIGH erhood. Orphaned at an early age, Mr. and impressive professional accom- SCHOOL STUDENT RADIO PRO- West was raised in a children’s home plishments, it is worth noting he flaw- GRAM that stressed this important concept— lessly balanced his duties, evidenced by ∑ Mr. CRAMER. Mr. President, as an- a value that was repeatedly put to the his ability to allocate personal time to other school year comes to a close, I test in the Korean war. Once, despite selflessly volunteer as local neighbor- want to recognize the students at one losing an eye under intense enemy gun- hood math tutor, where Tony’s enthu- North Dakota school for their accom- fire, he retreated and saved two wound- siastic service empowered DC youth plishments in a remarkable program. ed fellow soldiers and carried his in- and inspired community partnership. Students in Linton operate my State’s jured patrol leader to safety while kill- His passion for not only the organiza- first and only high school radio sta- ing three enemy combatants. In the tion he works for but also the commu- tion. KLHS AM 1620 is a full-fledged immediate aftermath, he said he had nity in which he resides is unrivaled. AM station that went live in 2017. no idea that he was even wounded and Since then, it has given students that his fellow soldiers would have As a legislative liaison in the Air hands-on experience in broadcasting, done the same for him. Force Senate Liaison Office from No- interviewing, and news writing. President Dwight Eisenhower was set vember 2019 to May 2021, Lieutenant KLHS and now KLPS play rock, to award Ernest the Medal of Honor. Colonel Santino expertly performed his oldies, and country music and feature His sense of brotherhood on full dis- duties without reservation. His stra- local weather, news, and sports. It is play, West initially declined, asserting tegic thinking and strategic foresight all done by the students enrolled in the that everyone was doing his duty and helped to strengthen and improve our Linton High School radio broadcasting that all were equal to him. He reluc- national security. Tony accomplished classes who write and produce all pro- tantly accepted the Medal of Honor and this by utilizing his in depth Air Force grams heard on the air. While mas- was later awarded a Purple Heart. knowledge with numerous engage- tering broadcasting, they also learn to Fortunately, Mr. West’s selfless serv- ments between Congress and the De- operate a console board and other ice did not end with his enlistment. partment of the Air Force. During this skills like speaking, articulation, pro- In 1954, he married Gwendolyn Staf- assignment, Tony conducted congres- duction, script writing, and inter- ford in a nationally televised ceremony sional engagements to provide Mem- viewing. on an episode of the CBS show ‘‘Bride bers of Congress and staff insights into These Linton students have also at- and Groom.’’ He and Gwen moved back the Air Force we need and Air Force tended the annual national conferences to Wurtland, KY, along the Ohio River required to support the national de- of the Intercollegiate Broadcasting in beautiful Greenup County. There, fense strategy. Tony transformed con- System, and their accomplishments Ernest would later serve as mayor and gressional engagement norms amidst have been recognized with many play a huge part in creating a State coronavirus limitations, leading more awards. At this year’s conference, the veterans cemetery, where he is now than 40 remote and virtual engage- Linton students took home 20 Golden buried. ments between Air Force senior leaders Microphone Awards, in categories such Mayor West was admired for his will- and U.S. Senators, exponentially in- as best promotional event, most cre- ingness to get his hands dirty—quite creasing trust and mutual under- ative show, best station logo, best literally—like digging water lines standing. sports play-by-play, and best website. along county roads. He coached youth Tony’s innovative efforts and trusted I also want to salute the founder of basketball and football and used sports credibility on Capitol Hill enabled the the Linton High School program, long- to pass along his strong sense of broth- passage of foundational legislation in time State radio veteran Jay erhood. How can we even measure the support of Air Force priorities, secur- Schmaltz. The idea for a high school impact he made on all of those young ing more than $170 billion in annual re- broadcasting program originated after lives? quirements and directly contributing he became the supervisor of the Ernest Edison West, who was born in to the stand-up of the United States Emmons County alternative education Russell, KY, on September 2, 1931, died Space Force. All of these conversations programs. Today, it is the most this year on May 1, at the age of 89. and engagements helped stakeholders popoular elective class at the school While his daughter, Amy Hogsett, his understand the defense equities and and remains the only high school radio many grandchildren, his community, impact on national security. Tony re- station in North Dakota. and the Commonwealth are saddened mained engaged with Members of Con- Mr. President, there are many good to say goodbye to this extraordinary gress to ensure all were informed, ad- jobs in broadcasting in North Dakota man, we are not left emptyhanded. We vised, and educated on initiatives im- and around the world. These Linton are left with a powerful example of portant to the Air Force and the citi- High School students are receiving a brotherhood lived out.∑ zens of this great country. Due to his head start in the professional world of f communications and will be able to direct involvement and stewardship, MESSAGES FROM THE HOUSE Members of Congress were able to apply the valuable skills they learn in make informed decisions and ensure many directions in their future profes- At 3:17 p.m., a message from the the Department of the Air Force was sions. I commend Linton High School House of Representatives, delivered by properly resourced and funded. for offering such a valuable program Mrs. Alli, one of its reading clerks, an- and Jay Schmaltz for his dedication to nounced that the House has passed the After concluding this challenging as- its success, and I congratulate the following bill, in which it requests the signment, Lieutenant Colonel Santino Linton High School broadcasting stu- concurrence of the Senate: will move to his next duty station at dents for recognizing the value of H.R. 2911. An act to direct the Secretary of Vandenberg AFB, where he will be the learning a skill that will benefit them Veterans Affairs to submit to Congress a director of operations for the 576th the rest of their lives. I know we will plan for obligating and expending Flight Test Squadron. Tony has sac- be hearing much more from these Coronavirus pandemic funding made avail- rificed much in service to our Nation. I broadcasting entrepreneurs for many able to the Department of Veterans Affairs, am eternally thankful for Tony’s self- years to come.∑ and for other purposes. less service and superb work with my f The message also announced that office and the Senate over the past 18 pursuant to 14 U.S.C. 1903(b), and the months on issues important to the REMEMBERING ERNEST EDISON order of the House of January 4, 2021, State of Iowa and this great Nation. I WEST the Speaker appoints the following salute this American patriot whose ∑ Mr. PAUL. Mr. President, Ernest Members on the part of the House of selfless service has kept our country Edison West not only served his coun- Representatives to the Board of Visi- safe and strong. try in the U.S. Army during the Korean tors to the United States Coast Guard

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G18MY6.024 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2573 Academy: Mr. COURTNEY of Con- By Ms. ERNST (for herself, Mr. BEN- mental authorities in addressing accessi- necticut, Ms. BARRAGA´ N of California, NET, Mrs. CAPITO, and Ms. WARREN): bility needs of legacy rail fixed guideway S. 1670. A bill to amend the Internal Rev- Mr. RUTHERFORD of Florida, and Mrs. public transportation systems; to the Com- enue Code of 1986 to provide a nonrefundable mittee on Banking, Housing, and Urban Af- MCCLAIN of Michigan. credit for working family caregivers; to the -- fairs. At 5:00 p.m., a message from the Committee on Finance. By Mr. PETERS (for himself, Mr. SUL- By Mr. WICKER (for himself, Mr. WAR- House of Representatives, delivered by LIVAN, and Ms. CORTEZ MASTO): NER, Mrs. CAPITO, Mr. CARDIN, Mr. S. 1681. A bill to amend title 49, United Mrs. Cole, one of its reading clerks, an- BOOZMAN, Ms. SINEMA, Mr. HOEVEN, States Code, to promote transportation ca- nounced that the House has passed the and Mrs. HYDE-SMITH): reer opportunities and improve diversity in following bill, without amendment: S. 1671. A bill to amend the Internal Rev- the workforce; to the Committee on Com- S. 937. An act to facilitate the expedited re- enue Code of 1986 to provide for new markets merce, Science, and Transportation. view of COVID–19 hate crimes, and for other tax credit investments in the Rural Jobs By Mr. MORAN: purposes. Zone; to the Committee on Finance. S. 1682. A bill to prohibit certain provisions By Mr. KELLY (for himself and Mr. of an Executive Order relating to land con- f PORTMAN): servation from taking effect, and for other MEASURES REFERRED S. 1672. A bill to direct the Secretary of purposes; to the Committee on Energy and The following bill was read the first Transportation to establish a working group Natural Resources. to conduct a study on access to certain re- By Mr. SCOTT of South Carolina (for and the second times by unanimous sources for infrastructure projects, and for himself, Mr. TOOMEY, Mr. GRASSLEY, consent, and referred as indicated: other purposes; to the Committee on Com- and Mr. BURR): H.R. 2911. An act to direct the Secretary of merce, Science, and Transportation. S. 1683. A bill to prohibit the use of funds Veterans Affairs to submit to Congress a By Mr. MARSHALL (for himself and to support a measure at the World Trade Or- plan for obligating and expending Mr. CRAMER): ganization waiving intellectual property Coronavirus pandemic funding made avail- S. 1673. A bill to preserve access to Federal rights, and for other purposes; to the Com- able to the Department of Veterans Affairs, land, control fires, and for other purposes; to mittee on Finance. and for other purposes; to the Committee on the Committee on Energy and Natural Re- By Ms. CORTEZ MASTO (for herself, Veterans’ Affairs. sources. Mr. LEAHY, and Mr. SANDERS): f By Ms. CORTEZ MASTO (for herself, S. 1684. A bill to strengthen the ability of Mr. PADILLA, Mrs. FEINSTEIN, Mr. the Federal Home Loan Bank system to pro- INTRODUCTION OF BILLS AND SANDERS, and Mr. MERKLEY): vide critical financing to address the eco- JOINT RESOLUTIONS S. 1674. A bill to amend the Emergency nomic crisis caused by the COVID–19 and to The following bills and joint resolu- Economic Stabilization Act of 2008 to au- meet the short- and long-term housing and thorize use of amounts under the Troubled tions were introduced, read the first community economic development needs of Assets Relief Program to be used for activi- low-income communities, including Tribal and second times by unanimous con- ties under the Housing Trust Fund, and for communities, and for other purposes; to the sent, and referred as indicated: other purposes; to the Committee on Bank- Committee on Finance. By Ms. KLOBUCHAR (for herself and ing, Housing, and Urban Affairs. By Mr. CARDIN (for himself, Mr. Mr. ROUNDS): By Mr. WARNOCK (for himself, Mr. CRAPO, Mr. KING, and Mr. CRAMER): S. 1664. A bill to require the Secretary of RUBIO, Ms. SMITH, Mr. MARSHALL, Ms. S. 1685. A bill to amend the Congressional Veterans Affairs to take certain actions to HASSAN, and Mr. CASSIDY): Budget Act of 1974 respecting the scoring of improve the processing by the Department of S. 1675. A bill to improve maternal health; preventive health savings; to the Committee Veterans Affairs of claims for disability to the Committee on Health, Education, on the Budget. compensation for post-traumatic stress dis- Labor, and Pensions. By Mr. LEE: order, and for other purposes; to the Com- By Ms. HASSAN (for herself and Mrs. S. 1686. A bill to amend the Wilderness Act mittee on Veterans’ Affairs. CAPITO): to allow local Federal officials to determine By Mr. TUBERVILLE: S. 1676. A bill to amend the Internal Rev- the manner in which nonmotorized uses may S. 1665. A bill to amend title 5, United enue Code of 1986 to allow tax-exempt pri- be permitted in wilderness areas, and for States Code, to prohibit sums in the Thrift vate activity bonds to be used for qualified other purposes; to the Committee on Energy Savings Fund from being invested in any se- broadband projects, to provide for tax credit and Natural Resources. curity of an entity based in the People’s Re- payments to issuers of tax-exempt bonds By Mr. RUBIO (for himself, Mrs. SHA- public of China, and for other purposes; to used to finance broadband infrastructure HEEN, Ms. HASSAN, Mr. RISCH, and Mr. the Committee on Homeland Security and projects, and to provide an investment credit CASSIDY): Governmental Affairs. for qualified broadband projects; to the Com- S. 1687. A bill to amend section 21 of the By Mr. PAUL: mittee on Finance. Small Business Act to require cyber certifi- S. 1666. A bill to clarify the authority for By Ms. BALDWIN (for herself, Mr. cation for small business development center regulating laboratory-developed testing pro- SANDERS, Ms. WARREN, Mr. MERKLEY, counselors, and for other purposes; to the cedures; to the Committee on Health, Edu- Mr. MARKEY, Mr. BOOKER, and Mr. Committee on Small Business and Entrepre- cation, Labor, and Pensions. BLUMENTHAL): neurship. By Ms. KLOBUCHAR (for herself, Mr. S. 1677. A bill to establish a process by By Mr. VAN HOLLEN (for himself, Mr. KENNEDY, Mr. MANCHIN, and Mr. which participants of employee welfare plans SCHATZ, and Mr. BOOKER): BURR): select guidelines to be used by the plan fidu- S. 1688. A bill to establish a Federal stand- S. 1667. A bill to protect the privacy of ciary for voting proxies on securities held in ard in order to improve the Nation’s resil- users of social media and other online plat- investment portfolios under the plan, and for ience to current and future flood risk; to the forms; to the Committee on Commerce, other purposes; to the Committee on Health, Committee on Banking, Housing, and Urban Science, and Transportation. Education, Labor , and Pensions. Affairs. By Mr. KING (for himself and Mr. By Mr. HEINRICH (for himself, Mr. By Mr. BOOKER (for himself, Ms. BLUMENTHAL): BLUMENTHAL, and Mr. MANCHIN): HIRONO, Mr. MARKEY, Mr. MENENDEZ, S. 1668. A bill to establish a competitive S. 1678. A bill to amend title 39, United Ms. WARREN, Mr. BROWN, Ms. BALD- grant program to support the development, States Code, to maintain certain service WIN, Mr. BLUMENTHAL, Ms. SMITH, Ms. implementation, and evaluation of success- standards for first-class mail, and for other DUCKWORTH, and Mr. MERKLEY): ful educator and school leader professional purposes; to the Committee on Homeland Se- S. 1689. A bill to provide for the overall development programs on family engage- curity and Governmental Affairs. health and well-being of young people, in- ment that will increase the capacity of edu- By Mr. CASEY (for himself and Ms. cluding the promotion and attainment of cators and school leaders to work with fami- MURKOWSKI): lifelong sexual health and healthy relation- lies to develop and support the social-emo- S. 1679. A bill to amend title VII of the ships, and for other purposes; to the Com- tional learning of children; to the Com- Public Health Service Act to authorize as- mittee on Health, Education, Labor, and mittee on Health, Education, Labor, and sistance for increasing workforce diversity Pensions. Pensions. in the professions of physical therapy, occu- By Ms. ROSEN: By Mr. PORTMAN (for himself, Ms. pational therapy, respiratory therapy, audi- S. 1690. A bill to provide direct appropria- WARREN, Mr. CRAMER, Mr. BOOZMAN, ology, and speech-language pathology, and tions for processing applications for the pay- and Mr. MENENDEZ): for other purposes; to the Committee on check protection program, and for other pur- S. 1669. A bill to amend title 10, United Health, Education, Labor, and Pensions. poses; to the Committee on Appropriations. States Code, to direct the forgiveness or off- By Ms. DUCKWORTH (for herself, Mr. By Mr. RUBIO (for himself, Mr. RISCH, set of an overpayment of retired pay paid to BROWN, and Mr. CASEY): and Mr. CASSIDY): a joint account for a period after the death S. 1680. A bill to amend chapter 53 of title S. 1691. A bill to require an annual report of the retired member of the Armed Forces; 49, United States Code, to provide competi- on the cybersecurity of the Small Business to the Committee on Armed Services. tive grants to assist State and local govern- Administration, and for other purposes; to

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.012 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2574 CONGRESSIONAL RECORD — SENATE May 18, 2021 the Committee on Small Business and Entre- (Mr. WICKER) and the Senator from S. 610 preneurship. Connecticut (Mr. BLUMENTHAL) were At the request of Mr. KAINE, the f added as cosponsors of S. 116, a bill to names of the Senator from Minnesota SUBMISSION OF CONCURRENT AND require the Consumer Product Safety (Ms. KLOBUCHAR) and the Senator from SENATE RESOLUTIONS Commission to study the effect of the Massachusetts (Mr. MARKEY) were COVID–19 pandemic on injuries and The following concurrent resolutions added as cosponsors of S. 610, a bill to deaths associated with consumer prod- and Senate resolutions were read, and address behavioral health and well- ucts, and for other purposes. referred (or acted upon), as indicated: being among health care professionals. S. 304 By Mr. BROWN (for himself, Mr. S. 612 At the request of Ms. DUCKWORTH, YOUNG, Mr. WYDEN, Mr. BRAUN, Ms. At the request of Mr. PORTMAN, the the name of the Senator from Vermont SMITH, Mr. VAN HOLLEN, Mr. BOOKER, name of the Senator from Nevada (Ms. Mrs. CAPITO, Mr. GRASSLEY, Ms. (Mr. SANDERS) was added as a cospon- ROSEN) was added as a cosponsor of S. ROSEN, Mr. TILLIS, and Mr. sor of S. 304, a bill to provide targeted 612, a bill to require the Under Sec- LANKFORD): funding for States and other eligible retary for Health of the Department of S. Res. 219. A resolution designating May entities through the Social Services 18, 2021, as ‘‘CASA/GAL Volunteers’ Day’’; to Veterans Affairs to provide certain in- Block Grant program to address the in- the Committee on the Judiciary. formation to medical center staff and creased burden that maintaining the By Ms. HIRONO (for herself, Ms. MUR- homelessness service providers of the health and hygiene of infants and tod- KOWSKI, and Mr. KAINE): Department regarding the coordinated S. Res. 220. A resolution calling upon the dlers, medically complex children, and entry processes for housing and serv- United States Senate to give its advice and low-income adults or adults with dis- ices operated under the Continuum of consent to the ratification of the United Na- abilities who rely on adult inconti- Care Program of the Department of tions Convention on the Law of the Sea; to nence materials and supplies place on the Committee on Foreign Relations. Housing and Urban Development, and families in need, the resultant adverse By Mr. MENENDEZ (for himself and for other purposes. Mr. CORNYN): health effects on children and families, S. Res. 221. A resolution recognizing the and the limited child care options S. 613 cultural and historical significance of the available for infants and toddlers who At the request of Mr. TILLIS, the Cinco de Mayo holiday; to the Committee on lack sufficient diapers and diapering name of the Senator from Connecticut Foreign Relations. supplies, and for other purposes. (Mr. BLUMENTHAL) was added as a co- By Mrs. FEINSTEIN (for herself, Mr. S. 344 sponsor of S. 613, a bill to direct the GRASSLEY, Mrs. SHAHEEN, Mr. BLUMENTHAL, Ms. SMITH, Mr. At the request of Mr. TESTER, the Secretary of Veterans Affairs to carry PADILLA, Ms. CORTEZ MASTO, Mr. name of the Senator from Nevada (Ms. out a pilot program on dog training LEAHY, Mr. MENENDEZ, Ms. HASSAN, ROSEN) was added as a cosponsor of S. therapy and to amend title 38, United Ms. KLOBUCHAR, Mrs. MURRAY, Mr. 344, a bill to amend title 10, United States Code, to authorize the Secretary TILLIS, Mr. DURBIN, and Mr. WHITE- States Code, to provide for concurrent to provide service dogs to veterans HOUSE): receipt of veterans’ disability com- with mental illnesses who do not have S. Res. 222. A resolution recognizing and supporting the goals and ideals of National pensation and retirement pay for dis- mobility impairments. Sexual Assault Awareness and Prevention ability retirees with fewer than 20 S. 638 Month; considered and agreed to. years of service and a combat-related At the request of Mr. VAN HOLLEN, By Ms. SMITH (for herself and Ms. disability, and for other purposes. the name of the Senator from Arizona KLOBUCHAR): S. 464 S. Res. 223. A resolution congratulating the (Mr. KELLY) was added as a cosponsor city of Columbia Heights, Minnesota, on its At the request of Ms. MURKOWSKI, the of S. 638, a bill to amend title 23, 100th anniversary; considered and agreed to. name of the Senator from Montana United States Code, to include a pay- By Mr. HEINRICH (for himself, Mr. (Mr. TESTER) was added as a cosponsor ment and performance security re- WHITEHOUSE, Mr. BOOKER, Mr. of S. 464, a bill to amend the Employee quirement for certain infrastructure fi- PADILLA, Mr. MERKLEY, Mr. MARKEY, Retirement Income Security Act of nancing, and for other purposes. Mr. DURBIN, Mr. BLUMENTHAL, Ms. 1974 to require a group health plan or KLOBUCHAR, Mr. BENNET, Mr. VAN health insurance coverage offered in S. 659 HOLLEN, Mr. WYDEN, Ms. ROSEN, Ms. connection with such a plan to provide At the request of Mr. YOUNG, the WARREN, Mr. LUJA´ N, and Mr. KING): name of the Senator from West Vir- S. Res. 224. A resolution expressing the an exceptions process for any medica- sense of the Senate that the United States tion step therapy protocol, and for ginia (Mrs. CAPITO) was added as a co- must seize the opportunity to create mil- other purposes. sponsor of S. 659, a bill to require the lions of jobs, become a net exporter of clean S. 519 Secretary of Transportation to promul- energy, and secure a better, more equitable At the request of Mr. HAGERTY, the gate regulations relating to commer- future by accelerating the electrification of name of the Senator from Indiana (Mr. cial motor vehicle drivers under the households, buildings, and businesses in the age of 21, and for other purposes. United States, modernizing the United BRAUN) was added as a cosponsor of S. States electricity grid, and continuing on 519, a bill to review the use of election S. 735 the path towards decarbonizing electricity security grants in the 2020 Presidential At the request of Mr. WICKER, the generation in the United States by 2035; to election and to prohibit future election name of the Senator from Maine (Ms. the Committee on Energy and Natural Re- security grants to States with uncon- sources. COLLINS) was added as a cosponsor of S. stitutional election procedures. 735, a bill to amend the Scientific and f S. 524 Advanced-Technology Act of 1992 to ADDITIONAL COSPONSORS At the request of Mr. CRUZ, the name further support advanced technological S. 89 of the Senator from Kentucky (Mr. manufacturing, and for other purposes. PAUL) was added as a cosponsor of S. At the request of Ms. SINEMA, the S. 749 name of the Senator from Wisconsin 524, a bill to abolish the Federal Insur- ance Office of the Department of the At the request of Ms. HASSAN, the (Ms. BALDWIN) was added as a cospon- names of the Senator from Delaware sor of S. 89, a bill to require the Sec- Treasury, and for other purposes. (Mr. COONS), the Senator from Montana retary of Veterans Affairs to secure S. 586 (Mr. DAINES) and the Senator from New medical opinions for veterans with At the request of Mrs. CAPITO, the Hampshire (Mrs. SHAHEEN) were added service-connected disabilities who die names of the Senator from Maine (Ms. as cosponsors of S. 749, a bill to amend from COVID–19 to determine whether COLLINS) and the Senator from Rhode the Internal Revenue Code of 1986 to their service-connected disabilities Island (Mr. REED) were added as co- enhance tax benefits for research ac- were the principal or contributory sponsors of S. 586, a bill to amend title tivities. causes of death, and for other purposes. XVIII of the Social Security Act to S. 116 combat the opioid crisis by promoting S. 844 At the request of Ms. KLOBUCHAR, the access to non-opioid treatments in the At the request of Mr. THUNE, the names of the Senator from Mississippi hospital outpatient setting. name of the Senator from Wisconsin

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.017 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2575 (Ms. BALDWIN) was added as a cospon- Budget from raising the minimum S. 1637 sor of S. 844, a bill to amend the Inter- urban area population to qualify a met- At the request of Mrs. BLACKBURN, nal Revenue Code of 1986 to treat cer- ropolitan statistical area from 50,000, the name of the Senator from Texas tain amounts paid for physical activ- and for other purposes. (Mr. CRUZ) was added as a cosponsor of ity, fitness, and exercise as amounts S. 1441 S. 1637, a bill to impose certain meas- paid for medical care. At the request of Mr. WICKER, the ures with respect to Hizballah-domi- S. 1031 names of the Senator from Washington nated areas in Lebanon and to impose At the request of Mr. WARNOCK, the (Mrs. MURRAY), the Senator from Ala- sanctions with respect to senior foreign name of the Senator from New Jersey bama (Mr. TUBERVILLE) and the Sen- political figures in Lebanon supporting (Mr. MENENDEZ) was added as a cospon- ator from Wisconsin (Ms. BALDWIN) Hizballah. sor of S. 1031, a bill to require the were added as cosponsors of S. 1441, a S. 1662 Comptroller General of the United bill to appropriate an additional At the request of Mr. LUJAN, the States to conduct a study on dispari- amount to improve the Navy shipyard name of the Senator from Maine (Ms. ties associated with race and ethnicity infrastructure of the United States. COLLINS) was added as a cosponsor of S. with respect to certain benefits admin- S. 1488 1662, a bill to increase funding for the istered by the Secretary of Veterans At the request of Ms. DUCKWORTH, Reagan-Udall Foundation for the Food Affairs, and for other purposes. the names of the Senator from New and Drug Administration and for the S. 1090 Jersey (Mr. MENENDEZ) and the Sen- Foundation for the National Institutes At the request of Mr. CRUZ, the name ator from Massachusetts (Ms. WARREN) of Health. of the Senator from Utah (Mr. LEE) was were added as cosponsors of S. 1488, a S.J. RES. 10 added as a cosponsor of S. 1090, a bill to bill to amend title 37, United States At the request of Mr. KAINE, the eliminate the Bureau of Consumer Fi- Code, to establish a basic needs allow- name of the Senator from Massachu- nancial Protection. ance for low-income regular members setts (Ms. WARREN) was added as a co- S. 1125 of the Armed Forces. sponsor of S.J. Res. 10, a joint resolu- S. 1489 tion to repeal the authorizations for At the request of Ms. STABENOW, the name of the Senator from Alaska (Ms. At the request of Mr. MENENDEZ, the use of military force against Iraq, and for other purposes. MURKOWSKI) was added as a cosponsor name of the Senator from Maine (Ms. of S. 1125, a bill to recommend that the COLLINS) was added as a cosponsor of S. S. CON. RES. 6 Center for Medicare and Medicaid Inno- 1489, a bill to amend the Inspector Gen- At the request of Mr. BOOKER, the vation test the effect of a dementia eral Act of 1978 to establish an Inspec- name of the Senator from Maryland care management model, and for other tor General of the Office of the United (Mr. VAN HOLLEN) was added as a co- purposes. States Trade Representative, and for sponsor of S. Con. Res. 6, a concurrent other purposes. resolution urging the establishment of S. 1187 S. 1512 a United States Commission on Truth, At the request of Mr. BROWN, the At the request of Mr. SCHATZ, the Racial Healing, and Transformation. name of the Senator from Florida (Mr. names of the Senator from Massachu- S. RES. 213 RUBIO) was added as a cosponsor of S. setts (Ms. WARREN) and the Senator 1187, a bill to amend the Tariff Act of At the request of Mr. MENENDEZ, the from Nebraska (Mrs. FISCHER) were 1930 to improve the administration of names of the Senator from Tennessee added as cosponsors of S. 1512, a bill to antidumping and countervailing duty (Mr. HAGERTY) and the Senator from amend title XVIII of the Social Secu- laws, and for other purposes. Alaska (Mr. SULLIVAN) were added as rity Act to expand access to telehealth cosponsors of S. Res. 213, a resolution S. 1251 services, and for other purposes. recognizing the importance of the At the request of Mr. BRAUN, the S. 1522 United States-Republic of Korea rela- name of the Senator from Illinois (Ms. At the request of Mr. CORNYN, the tionship to safeguarding peace, secu- DUCKWORTH) was added as a cosponsor name of the Senator from South Da- rity and prosperity on the Korean Pe- of S. 1251, a bill to authorize the Sec- kota (Mr. ROUNDS) was added as a co- ninsula, in the Indo-Pacific region and retary of Agriculture to develop a pro- sponsor of S. 1522, a bill to allow reci- beyond, and welcoming the visit of gram to reduce barriers to entry for procity for the carrying of certain con- President Moon Jae-in to the United farmers, ranchers, and private forest cealed firearms. States. landowners in certain voluntary mar- S. 1542 f kets, and for other purposes. At the request of Mr. BOOKER, the SUBMITTED RESOLUTIONS S. 1338 name of the Senator from Vermont At the request of Mr. BLUMENTHAL, (Mr. SANDERS) was added as a cospon- --- the name of the Senator from Hawaii sor of S. 1542, a bill to amend titles XIX SENATE RESOLUTION 219—DESIG- (Ms. HIRONO) was added as a cosponsor and XXI of the Social Security Act to NATING MAY 18, 2021, AS ‘‘CASA/ of S. 1338, a bill to repeal the Protec- improve Medicaid and the Children’s GAL VOLUNTEERS’ DAY’’ tion of Lawful Commerce in Arms Act, Health Insurance Program for low-in- Mr. BROWN (for himself, Mr. YOUNG, and provide for the discoverability and come mothers. Mr. WYDEN, Mr. BRAUN, Ms. SMITH, Mr. admissibility of gun trace information S. 1571 VAN HOLLEN, Mr. BOOKER, Mrs. CAPITO, in civil proceedings. UCKWORTH At the request of Ms. D , Mr. GRASSLEY, Ms. ROSEN, Mr. TILLIS, S. 1383 the name of the Senator from Pennsyl- and Mr. LANKFORD) submitted the fol- At the request of Mr. KING, the name vania (Mr. CASEY) was added as a co- lowing resolution; which was referred of the Senator from Michigan (Ms. sponsor of S. 1571, a bill to amend title to the Committee on the Judiciary: STABENOW) was added as a cosponsor of 10, United States Code, to expand pa- S. RES. 219 S. 1383, a bill to amend the Public rental leave for members of the Armed Health Service Act to direct the Sec- Forces, to reduce the service commit- Whereas Court Appointed Special Advocate retary of Health and Human Services (referred to this preamble as ‘‘CASA’’) and ment required for participation in the Guardian ad Litem (referred to in this pre- to develop best practices for the estab- career intermission program of a mili- amble as ‘‘GAL’’) volunteers are trained and lishment and use of behavioral inter- tary department, and for other pur- qualified to advocate nationwide for the best vention teams at schools, and for other poses. interests of children before courts in cases purposes. S. 1572 with allegations of abuse or neglect; S. 1431 At the request of Ms. DUCKWORTH, Whereas more than 424,000 children in the United States enter the foster care system, At the request of Mr. TESTER, the the name of the Senator from Nevada through no fault of their own, due to allega- name of the Senator from Montana (Ms. ROSEN) was added as a cosponsor tions of abuse or neglect and rely on adults (Mr. DAINES) was added as a cosponsor of S. 1572, a bill to expand child care to advocate on their behalf; of S. 1431, a bill to prohibit the Direc- opportunities for members of the Whereas children of color are more likely tor of the Office of Management and Armed Forces, and for other purposes. to stay in the foster care system for longer

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.021 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2576 CONGRESSIONAL RECORD — SENATE May 18, 2021 periods of time and are less likely to be reservation of the Living Resources of the the United States in the UNCLOS limits the united with their biological families; High Seas; ability of the United States to effectively re- Whereas CASA and GAL volunteers, ap- Whereas the UNCLOS and an associated spond to the Russian Federation’s actions pointed by a judge— 1994 agreement relating to implementation and to any potential future violations by the (1) provide the court with the comprehen- of the treaty were transmitted to the Senate Russian Federation and any other signatory sive and objective information the court on October 6, 1994, and, in the absence of Sen- of UNCLOS; needs to make the most well-informed deci- ate advice and consent to ratification, the Whereas the current Secretary of Defense, sions and help ensure positive outcomes for United States is not a party to the treaty or the Honorable Lloyd Austin, stated that children and youth; and the associated 1994 agreement; ‘‘the United States has long treated the (2) take time to build meaningful and au- Whereas the treaty has been ratified by 167 UNCLOS’s provisions related to navigation thentic relationships with such children and parties, which includes 166 countries and the and overflight as reflective of longstanding youth; European Union, but not the United States; and customary international law. Our mili- Whereas CASA and GAL communities Whereas the United States, like most other tary already acts in a manner consistent across the country remain committed to the countries, maintains that coastal States with these rights and freedoms, so accession recruitment and retention of volunteers who under the UNCLOS have the right to regu- to the Convention will not impact the man- reflect the diversity of the children they late economic activities in their Exclusive ner in which we conduct our operations’’, in serve; Economic Zones (EEZs), but do not have the response to a question for the record from Whereas research shows that when a caring right to regulate foreign military activities Senator Hirono on January 21, 2021; in their EEZs; and consistent adult like a CASA or GAL Whereas the current Chief of Naval Oper- Whereas the treaty’s provisions relating to volunteer is assigned to a case, outcomes are ations, Admiral Michael Gilday, stated that navigational rights, including navigational strengthened for children and families, a ‘‘becoming a party to the Convention would rights in EEZs, reflect the diplomatic posi- higher number of services are ordered, and reinforce freedom of the seas and the navigation of the United States on the issue dating children are significantly less likely to reen- tional rights vital to our global force posture back to the adoption of the UNCLOS in 1982; ter the child welfare system, perform better in the world’s largest maneuver space. Join- Whereas becoming a party to the treaty academically and behaviorally, and have ing the Convention would also demonstrate higher levels of hope; would codify the United States’ current position of recognizing the provisions within the our commitment to the rule of law, and Whereas, in January 1974, Congress enacted strengthen our credibility with other Con- the Child Abuse Prevention Treatment Act UNCLOS as customary international law; Whereas becoming a party to the treaty vention parties’’, in response to advance pol- (42 U.S.C. 5101 et seq.); icy questions on July 30, 2019, before the Whereas the Child Abuse Prevention Treat- would give the United States standing to participate in discussions relating to the Committee on Armed Services of the Senate; ment Act provides financial assistance to Whereas the current Chief of Naval Oper- States for the prevention and treatment of treaty and thereby improve the ability of the United States to intervene as a full party to ations, Admiral Michael Gilday, further stat- child abuse and neglect and includes a reed that ‘‘acceding to the Convention would quirement that in every case a GAL must be disputes relating to navigational rights and to defend United States interpretations of strengthen our strategic position on issues appointed to represent the best interest of pertaining to the [South China Sea and the the child; the treaty’s provisions, including those relating to whether coastal States have a right Arctic]. The United States would have in- Whereas such GAL requirement was subse- under the UNCLOS to regulate foreign mili- creased credibility when responding to exces- quently amended to provide that the GAL tary activities in their EEZs; sive maritime claims and militarization ef- may be an attorney or a court-appointed spe- Whereas relying on customary inter- forts in the South China Sea. With respect to cial advocate; and national norms to defend United States in- the Arctic, becoming a party to the Conven- Whereas, today, CASA and GAL volunteers terests in those issues is not sufficient, be- tion would allow the U.S. to position itself span 49 States and the District of Columbia, cause customary international law is not to safeguard access for the purposes of mari- including 948 State organizations and local universally accepted and is subject to change time traffic, resource exploitation, and other programs, and more than 96,000 volunteers over time based on state practice; human activities, while ensuring other offer their services to nearly 277,000 children, Whereas relying on other countries to as- states comply with the law of the sea’’, in re- youth, and families: Now, therefore, be it sert claims on behalf of the United States at sponse to advance policy questions on July Resolved, That the Senate— the Permanent Court of Arbitration at The 30, 2019, before the Committee on Armed (1) designates May 18, 2021, as ‘‘National Hague is woefully insufficient to defend and Services of the Senate; CASA/GAL Volunteers’ Day’’; and uphold United States sovereign rights and Whereas the current Commander of the (2) commends and celebrates CASA and interests; United States Indo-Pacific Command, Admi- GAL volunteers for their dedication and hard Whereas the Permanent Court of Arbitra- ral John C. Aquilino, stated that ‘‘there’s work in advocating for the best interest of tion, in the July 12, 2016, ruling on the case really two main reasons [to ratify the children so that every child who has experi- In the Matter of the South China Sea Arbi- UNCLOS]: as the group gets together, it enced abuse or neglect can be safe, have a tration, stated that ‘‘the Tribunal forwarded would be certainly beneficial if we had a seat permanent home, and have the opportunity to the Parties for their comment a Note at the table when there were discussions oc- to thrive. Verbale from the Embassy of the United curring as it applied to potential adjust- f States of America, requesting to send a rep- ments and the interpretations of those inter- resentative to observe the hearing’’, and national laws and the second reason is it SENATE RESOLUTION 220—CALL- ‘‘the Tribunal communicated to the Parties puts us in an increased position of credibility ING UPON THE UNITED STATES and the U.S. Embassy that it had decided . . . we adhere to the UNCLOS treaty in our SENATE TO GIVE ITS ADVICE that ‘only interested States parties to the operations, and it would make our position AND CONSENT TO THE RATIFICA- United Nations Convention on the Law of must stronger if we were signatories’’, on TION OF THE UNITED NATIONS the Sea will be admitted as observers’ and March 23, 2021, at his nomination hearing be- CONVENTION ON THE LAW OF thus could not accede to the U.S. request’’; fore the Committee on Armed Services of the THE SEA Whereas, on November 25, 2018, the Russian Senate; Federation violated international norms and Whereas the Commander, North American Ms. HIRONO (for herself, Ms. MUR- binding agreements, including the UNCLOS, Aerospace Defense Command and United KOWSKI, and Mr. KAINE) submitted the in firing upon, ramming, and seizing Ukrain- States Northern Command, General Glen following resolution; which was re- ian vessels and crews attempting to pass VanHerck, stated, ‘‘It would be [in the inter- ferred to the Committee on Foreign through the Kerch Strait; ests of the United States to accede to the Relations: Whereas, on May 25, 2019, the International UNCLOS because] it gives us a better pos- Tribunal for the Law of the Sea ruled in a ture, a seat at the table, more credibility S. RES. 220 vote of 19–1 that ‘‘[t]he Russian Federation when we work many of the issues that we Whereas the United Nations Convention on shall immediately release the Ukrainian have to work around the globe with allies, the Law of the Sea (UNCLOS) was adopted naval vessels Berdyansk, Nikopol and Yani partners, and potential competitors’’, on by the Third United Nations Conference on Kapu, and return them to the custody of March 16, 2021, before the Committee on the Law of the Sea in December 1982 and en- Ukraine’’ and that ‘‘[t]he Russian Federation Armed Services of the Senate; tered into force in November 1994 to estab- shall immediately release the 24 detained Whereas the Commander, North American lish a treaty regime to govern activities on, Ukrainian servicemen and allow them to re- Aerospace Defense Command and United over, and under the world’s oceans; turn to Ukraine’’, demonstrating the Tribu- States Northern Command, General Glen Whereas the UNCLOS builds on four 1958 nal’s rejection of the Russian Federation’s VanHerck, further stated in regard to United Law of the Sea conventions to which the arguments in that matter in relation to the States ratification of the UNCLOS that ‘‘as United States is a party, namely the Conven- Law of the Sea; Russia takes over the Arctic Council in May tion on the Territorial Sea and the Contig- Whereas, despite the Tribunal’s ruling [2021], it’s never been more crucial for us uous Zone, the Convention on the High Seas, aligning with the position of the United with our like-minded nations and allies and the Convention on the Continental Shelf, States Government on the November 25, 2018, partners that we come to agreement to not and the Convention on Fishing and Con- incident, the continued nonparticipation of allow Russia and China to exploit any seams

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.005 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2577 and gaps’’, on March 16, 2021, before the Com- Whereas the past Chairman of the Joints cept’’, on July 30, 2015, in his nomination mittee on Armed Services of the Senate; Chiefs of Staff, General Joseph F. Dunford, hearing before the Committee on Armed Whereas the Commander, North American stated, ‘‘The Convention provides legal cer- Services of the Senate; Aerospace Defense Command and United tainty in the world’s largest maneuver Whereas the past Chief of Naval Oper- States Northern Command, General Glen space.’’, that ‘‘access would strengthen the ations, Admiral John M. Richardson, further VanHerck, stated ‘‘I support the accession to legal foundation for our ability to transit stated that ‘‘becoming a part of [the UNCLOS. I think it puts us in a more stra- through international straits and UNCLOS] would give us a great deal of credi- tegic position when we address these issues archipelagic waters; preserve our right to bility, and particularly as it pertains to the internationally, globally, with competitors conduct military activities in other coun- unfolding opportunities in the Arctic’’, and or our allies and partners as well’’, on April tries’ Exclusive Economic Zones (EEZs) ‘‘this provides a framework to adjudicate 14, 2021, before the Committee on Armed without notice or permission; reaffirm the disputes’’, on July 30, 2015, in his nomination Services of the House of Representatives; sovereign immunity of warships; provide a hearing before the Committee on Armed Whereas the Commander, United States framework to counter excessive maritime Services of the Senate; and European Command, General Tod Wolters, claims; and preserve or operations and intel- Whereas the past United States Special answered in the affirmative under ques- ligence-collection activities’’, and ‘‘joining Representative of State for the Arctic and tioning from Congressman Joe Courtney on the Convention would also demonstrate our former Commandant of the Coast Guard, Ad- whether General Wolters supported the commitment to the rule of law, strengthen miral Robert Papp, Jr., stated that ‘‘as a United States becoming a full participant to our credibility among those nations that are non-party to the Law of the Sea Convention, the UNCLOS, on April 15, 2021, before the already party to the Convention, and allow the U.S. is at a significant disadvantage rel- Committee on Armed Services of the House us to bring the full force of our influence in ative to the other Arctic Ocean coastal of Representatives; challenging excessive maritime claims’’, on States’’, ‘‘those States are parties to the Whereas the past Commander of United July 9, 2015, before the Committee on Armed Convention, and are well along the path to States Indo-Pacific Command, Admiral Phil- Services of the Senate; obtaining legal certainty and international ip S. Davidson, stated that ‘‘our accession to Whereas the past Chairman of the Joints recognition of their Arctic extended conti- the UNCLOS would help our position legally Chief of Staff, General Joseph F. Dunford, nental shelf’’, and ‘‘becoming a Party to the across the globe and would do nothing to further stated that ‘‘by remaining outside Law of the Sea Convention would allow the limit our military operations in the manner the Convention, the United States remains United States to fully secure its rights to in which we’re conducting them now’’, on in scarce company with Iran, Venezuela, the continental shelf off the coast of Alaska, April 17, 2018, before the Committee on North Korea, and Syria’’ and ‘‘by failing to which is likely to extend out to more than Armed Services of the Senate; join the Convention, some countries may 600 nautical miles’’, on December 10, 2014, be- Whereas the past Commander of United come to doubt our commitment to act in ac- fore the Subcommittee on Europe, Eurasia, States Indo-Pacific Command, Admiral Phil- cordance with international law’’, on July 9, and Emerging Threats of the Committee on ip S. Davidson, further stated, ‘‘I’m on 2015, before the Committee on Armed Serv- Foreign Affairs of the House of Representa- record saying that [ratification of the ices of the Senate; tives: Now, therefore, be it UNCLOS] would be good for us, I think we Whereas the past President and Chief Exec- Resolved, That the Senate— would be hard-pressed to find a Navy Admi- utive Officer of the United States Chamber (1) affirms that it is in the national inter- ral that’s said otherwise’’, on March 9, 2021, of Commerce, Mr. Thomas J. Donahue, stat- est for the United States to become a formal before the Committee on Armed Services of ed that ‘‘we support joining the Convention signatory of the United Nations Convention the Senate; because it is in our national interest—both on the Law of the Sea (UNCLOS), done at Whereas the past Commander of United in our national security and our economic Montego Bay December 10, 1982; States Pacific Command, retired Admiral interests’’, ‘‘becoming a party to the Treaty (2) urges the United States Senate to give Harry B. Harris, stated ‘‘I believe that benefits the U.S. economically by providing its advice and consent to the ratification of UNCLOS gives Russia the potential to, American companies the legal certainty and the UNCLOS; and quote, unquote ‘own’ almost half of the Arc- stability they need to hire and invest’’, and (3) recommends the ratification of the tic Circle, and we will not have that oppor- ‘‘companies will be hesitant to take on the UNCLOS remain a top priority for the Fed- tunity because of, we’re not a signatory to investment risk and cost to explore and de- eral Government, the importance of which UNCLOS’’, on March 15, 2018, before the velop the resources of the sea—particularly was most recently underscored by the stra- Committee on Armed Services of the Senate; on the extended continental shelf (ECS)— tegic challenges the United States faces in and without the legal certainty and stability ac- the Asia-Pacific, the Arctic, and the Black Whereas the past Commander of United cession to LOS provides’’, on June 28, 2012, Sea regions. States Pacific Command, Admiral Harry B. before the Committee on Foreign Relations Harris, stated ‘‘I think that by not signing of the Senate; f onto it that we lose the creditability for the Whereas the past President and Chief Exec- SENATE RESOLUTION 221—RECOG- very same thing that we’re arguing for’’, and utive Officer of the United States Chamber ‘‘which is the following—accepting rules and of Commerce, Mr. Thomas J. Donahue, fur- NIZING THE CULTURAL AND HIS- norms in the international arena. The ther stated that ‘‘the benefits of joining cut TORICAL SIGNIFICANCE OF THE United States is a beacon—we’re a beacon on across many important industries including CINCO DE MAYO HOLIDAY a hill but I think that light is brighter if we telecommunications, mining, shipping, and Mr. MENENDEZ (for himself and Mr. sign on to UNCLOS’’, on February 23, 2016, at oil and natural gas’’, and ‘‘joining the Con- CORNYN) submitted the following reso- a hearing before the Committee on Armed vention will provide the U.S. a critical voice lution; which was referred to the Com- Services of the Senate; on maritime issues—from mineral claims in Whereas the past Secretary of the Navy, the Arctic to how International Seabed Au- mittee on Foreign Relations: the Honorable Ray Mabus, stated that ‘‘the thority (ISA) funds are distributed’’, on June S. RES. 221 UNCLOS treaty guarantees rights such as in- 28, 2012, before the Committee on Foreign Whereas May 5, or ‘‘Cinco de Mayo’’ in nocent passage through territorial seas; Relations of the Senate; Spanish, is celebrated each year as a date of transit passage through, under and over Whereas the past Commandant of the importance by Mexican and Mexican-Amer- international straits; and the laying and United States Coast Guard, retired Admiral ican communities; maintaining of submarine cables’’, and ‘‘the Paul Zukunft, stated on February 12, 2016, Whereas the Cinco de Mayo holiday com- convention has been approved by nearly ‘‘With the receding of the icepack, the Arctic memorates May 5, 1862, the date on which every maritime power and all the permanent Ocean has become the focus of international Mexicans defeated the French at the Battle members of the UN Security Council, except interest.’’, ‘‘All Arctic states agree that the of Puebla, one of the many battles that the the United States’’, on February 16, 2012, be- Law of the Sea Convention is the governing Mexican people won in their long and brave fore the Committee on Armed Services of the legal regime for the Arctic Ocean . . . yet, fight for independence, freedom, and democ- Senate; we remain the only Arctic nation that has racy; Whereas the past Secretary of the Navy, not ratified the very instrument that pro- Whereas the victory of Mexico over France the Honorable Ray Mabus, further stated, vides this accepted legal framework gov- at Puebla represented a historic triumph for ‘‘Our notable absence as a signatory weakens erning the Arctic Ocean and its seabed.’’, and the Mexican government during the Franco- our position with other nations, allowing the ‘‘Ratification of the Law of the Sea Conven- Mexican war fought between 1861 and 1867 introduction of expansive definitions of sov- tion supports our economic interests, envi- and bolstered the resistance movement; ereignty on the high seas that undermine ronmental protection, and safety of life at Whereas the success of Mexico at the Bat- our ability to defend our mineral rights sea, especially in the Arctic Ocean.’’; tle of Puebla reinvigorated the spirits of the along our own continental shelf and in the Whereas the past Chief of Naval Oper- Mexican people and provided a renewed sense Arctic.’’ and that ‘‘the Department strongly ations, Admiral John M. Richardson, stated of unity and strength; supports the accession to UNCLOS, an action that ‘‘acceding to the Convention would Whereas the French army, which had not consistently recommended by my prede- strengthen our credibility and strategic posi- experienced defeat against any of the finest cessors of both parties’’, on February 16, 2012, tion’’, and ‘‘we undermine our leverage by troops of Europe in more than half a cen- before the Committee on Armed Services of not signing up to the same rule book by tury, sustained a disastrous loss at the hands the Senate; which we are asking other countries to ac- of an outnumbered and ill-equipped, but

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.008 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2578 CONGRESSIONAL RECORD — SENATE May 18, 2021 highly spirited and courageous, Mexican lence, 62 percent of rape crisis centers have a preamble as ‘‘RAINN’’), including the Na- army; waiting list for counseling services, 35 per- tional Sexual Assault Hotline— Whereas the courageous spirit that Mexi- cent lack a therapist on staff, and 40 percent (A) by telephone at 800–656–HOPE; and can General Ignacio Zaragoza and his men of programs have an increased demand for (B) online at https://hotline.rainn.org; displayed during that historic battle can services since the beginning of the COVID–19 and never be forgotten; pandemic; (2) more than 1,500 sexual assault service Whereas, in a larger sense, Cinco de Mayo Whereas the American Journal of Emer- providers across the United States; symbolizes the right of a free people to self- gency Medicine reported a 10 to 30 percent Whereas the victim service programs of determination, just as Benito Juarez, the increase in reports of family violence since RAINN, including the National Sexual As- president of Mexico during the Battle of the beginning of the COVID–19 pandemic; sault Hotline, helped a total of 60,437 victims Puebla, once said, ‘‘El respeto al derecho Whereas sexual assault does not discrimi- receive help in May and June of 2020, up 18 ajeno es la paz’’, meaning ‘‘respect for the nate on any basis and can affect any indi- percent from the same time period in 2019; rights of others is peace’’; vidual in the United States; Whereas the Department of Defense pro- Whereas the sacrifice of Mexican fighters Whereas sexual violence may take many vides the Safe Helpline, Safe HelpRoom, and was instrumental in keeping Mexico from forms, including acquaintance, stranger, Safe Helpline mobile application, each of falling under European domination while, in spousal, and gang rape, incest, child sexual which provide support and help to members the United States, the Union Army battled abuse, elder sexual abuse, sexual abuse and of the Department of Defense community— Confederate forces in the Civil War; exploitation of disabled persons and mem- (1) by telephone at 877–995–5247; and Whereas Cinco de Mayo serves as a re- bers of the LGBTQ community, commercial (2) online at https://SafeHelpline.org; minder that the foundation of the United sex trafficking, sexual harassment, and Whereas individual and collective efforts States was built by people from many coun- stalking; reflect the dream of the people of the United tries and diverse cultures who were willing Whereas studies have suggested that the States— to fight and die for freedom; rate at which American Indians and Alaska (1) for individuals and organizations to ac- Whereas Cinco de Mayo also serves as a re- Natives experience sexual violence is signifi- tively work to prevent all forms of sexual vi- minder of the close ties between the people cantly higher than for other populations in olence; and of Mexico and the people of the United the United States; (2) for no victim of sexual assault to be States; Whereas, according to a 2010 CDC survey, unserved or feel that there is no path to jus- Whereas Cinco de Mayo encourages the approximately 1 in 8 lesbian women (13 per- tice; and celebration of a legacy of strong leaders and cent or 214,000), nearly half of all bisexual Whereas April 2021 is recognized as ‘‘Na- a sense of vibrancy in communities; and women (46 percent or 1,500,000), and 1 in 6 tional Sexual Assault Awareness and Preven- Whereas Cinco de Mayo serves as a re- heterosexual women (17 percent or 19,000,000) tion Month’’: Now, therefore, be it minder to provide more opportunity for fu- have been raped in their lifetime; Resolved, That— ture generations: Now, therefore, be it Whereas, according to the National Alli- (1) it is the sense of the Senate that— Resolved, That the Senate— ance to End Sexual Violence, in addition to (A) National Sexual Assault Awareness and (1) recognizes the historic struggle of the the immediate physical and emotional costs, Prevention Month provides a special oppor- people of Mexico for independence and free- sexual assault has numerous adverse con- tunity to— dom, which Cinco de Mayo commemorates; sequences, which can include post-traumatic (i) educate the people of the United States and about sexual violence; and (2) encourages the people of the United stress disorder, substance abuse, major depression, homelessness, eating disorders, and (ii) encourage— States to observe Cinco de Mayo with appro- (I) the prevention of sexual assault; priate ceremonies and activities. suicide; Whereas, according to the National Crime (II) improvement in the treatment of sur- f Victimization Survey, an average of only 34 vivors of sexual assault; and percent of rapes or sexual assaults in the (III) the prosecution of perpetrators of sex- SENATE RESOLUTION 222— ual assault; OFFICIAL TITLE NOT AVAILABLE United States were reported to law enforcement agencies; (B) it is appropriate to properly acknowl- Mr. SCHUMER submitted the following Whereas many sexual assaults are not re- edge survivors of sexual assault and to com- resolution; which was considered and ported to law enforcement agencies, and mend the volunteers and professionals who agreed to: many States have restrictive criminal stat- assist those survivors in their efforts to heal; (C) national and community organizations S. RES. 222 utes of limitations, which enable many per- and private sector supporters should be rec- Whereas the Senate is committed to the petrators to evade punishment for their crimes; ognized and applauded for their work in— awareness, prevention, and deterrence of sex- (i) promoting awareness about sexual as- ual violence affecting individuals in the Whereas advances in deoxyribonucleic acid (commonly known as ‘‘DNA’’) technology sault; United States; (ii) providing information and treatment Whereas, according to the Centers for Dis- have enabled law enforcement agencies to identify and prosecute the perpetrators in to survivors of sexual assault; and ease Control and Prevention (referred to in (iii) increasing the number of successful this preamble as the ‘‘CDC’’), 1 in 4 women tens of thousands of previously unsolved sexual assault cases; prosecutions of perpetrators of sexual as- and 1 in 10 men experience sexual or physical sault; and violence and stalking by an intimate part- Whereas incarceration of sexual assault (D) public safety, law enforcement, and ner; perpetrators can prevent perpetrators from health professionals should be recognized Whereas, according to the 2019 Child Mal- committing additional crimes; and applauded for their hard work and inno- treatment Report of the Department of Whereas national, State, territorial, and vative strategies to ensure perpetrators of Health and Human Services, child protection Tribal coalitions, community-based rape cri- sexual assault are held accountable; and service agencies throughout the United sis centers, and other organizations across (2) the Senate supports the goals and ideals States substantiated, or found strong evi- the United States are committed to— of National Sexual Assault Awareness and dence to indicate that, 60,927 children under (1) eliminating sexual violence through Prevention Month. 18 years of age were victims of sexual abuse prevention and education; and that year; (2) increasing public awareness of sexual f Whereas children and young adults are at violence and the prevalence of sexual vio- SENATE RESOLUTION 223—CON- significant risk of experiencing sexual as- lence; GRATULATING THE CITY OF CO- sault, as up to 69 percent of sexual assault Whereas important partnerships have been victims are under 34 years of age; formed among criminal and juvenile justice LUMBIA HEIGHTS, MINNESOTA, Whereas sexual violence is a burden for agencies, health professionals, public health ON ITS 100TH ANNIVERSARY many individuals who serve in the Armed workers, educators, first responders, and vic- Ms. SMITH (for herself and Ms. KLO- Forces, and the Department of Defense esti- tim service providers; BUCHAR) submitted the following reso- mates that approximately 20,500 members of Whereas thousands of volunteers and staff lution; which was considered and at rape crisis centers, State coalitions the Armed Forces, including approximately agreed to: 13,000 women and 7,500 men, experienced against sexual assault, and nonprofit organi- some form of contact or penetrative sexual zations across the United States play an im- S. RES. 223 assault during 2018; portant role in making crisis hotlines and Whereas the city of Columbia Heights is a Whereas, due to the unprecedented chal- other services available to survivors of sex- first-ring suburb of Minneapolis situated in lenges presented by the Coronavirus Disease ual assault; the southern part of Anoka County; 2019 (COVID–19) pandemic, including manda- Whereas free, confidential help is available Whereas Columbia Heights was established tory stay-at-home orders, the needs of sexual to all victims and survivors of sexual assault as a village in 1898 and incorporated as a city assault victims have become even more com- through— in 1921; plex and challenging; (1) the victim service programs of the Whereas Columbia Heights is now home to Whereas, according to a March 2020 survey Rape, Abuse & Incest National Network a diverse population, which brings together by the National Alliance to End Sexual Vio- (commonly known and referred to in this cultures from all across the world;

VerDate Sep 11 2014 07:01 May 19, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.010 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2579 Whereas Columbia Heights was designated (3) to benefit from the ongoing global tran- (2) help increase systemic resiliency to pe- in 2006 by community stakeholders and city sition away from fossil fuel energy towards riods of extreme temperature; and officials as the ‘‘City of Peace’’; widespread electrification using zero-emis- (3) in addition to other investments in in- Whereas Columbia Heights is a city that sion electricity; and frastructure, help improve the ability of the embraces ethnic and cultural differences so (4) to become an international leader in electric power grid to serve peak electric de- that all its citizens may live in peace; the production and adoption of zero-emission mand; Whereas Columbia Heights was named an vehicles; Whereas utility-scale wind and solar in- All-America City recipient in 2016; Whereas climate change caused by human stallations are among the lowest-cost Whereas Columbia Heights prides itself in activities, especially by greenhouse gas sources of electricity available in the United being a place where families can thrive; emissions from fossil fuel combustion, rep- States; Whereas Columbia Heights has a small- resents a serious, present, and growing Whereas additional interregional high- town feel while still striving towards the threat— voltage direct-current electricity trans- goals of a big city; and (1) to human health, security, and eco- mission capacity— Whereas, on July 21, 2021, the Columbia nomic well-being; and (1) is critical to the development of new Heights will celebrate 100 years of incorpora- (2) to the environment; clean energy generation; and (2) can help ensure reliable and consistent tion: Now, therefore, be it Whereas low-income communities and electricity supply; and Resolved, That the Senate congratulates communities of color are disproportionately Whereas supporting rapid electrification Columbia Heights, Minnesota on its 100th an- impacted by the harmful effects of climate and innovation in all sectors of the United niversary. change and air pollution, including being at a higher risk of experiencing— States economy while transitioning to zero- f (1) severe floods, droughts, and wildfires; emission electricity production using proven SENATE RESOLUTION 224—EX- (2) economic dislocation; and generation technologies is one of the fastest, (3) significant health problems, including most efficient ways to reduce United States PRESSING THE SENSE OF THE greenhouse gas emissions, reduce the aver- SENATE THAT THE UNITED pneumonia, asthma, bronchitis, heart attacks, strokes, and lung cancer; age energy bills of people of the United STATES MUST SEIZE THE OP- Whereas transitioning the energy systems States, and create millions of good-paying PORTUNITY TO CREATE MIL- of the United States to zero-emission elec- jobs to put individuals in the United States LIONS OF JOBS, BECOME A NET tricity would— back to work in response to the COVID–19 EXPORTER OF CLEAN ENERGY, (1) drastically reduce net greenhouse gas pandemic: Now, therefore be it AND SECURE A BETTER, MORE emissions in the United States; Resolved, That it is the sense of the Senate that— EQUITABLE FUTURE BY ACCEL- (2) improve air and water quality throughout the United States; and (1) the United States must seize the oppor- ERATING THE ELECTRIFICATION (3) improve numerous health conditions as- tunity to create millions of jobs, become a OF HOUSEHOLDS, BUILDINGS, sociated with the burning of fossil fuels for net exporter of clean energy, and secure a AND BUSINESSES IN THE millions of individuals in the United States; better, more equitable future by accelerating UNITED STATES, MODERNIZING Whereas the work required to electrify the the electrification of households, buildings, THE UNITED STATES ELEC- economy of the United States would produce and businesses in the United States, modern- TRICITY GRID, AND CONTINUING millions of high-paying, sustainable jobs izing the United States electricity grid, and ON THE PATH TOWARDS that would— continuing on the path towards (1) be created throughout the United decarbonizing electricity generation in the DECARBONIZING ELECTRICITY States, including in urban, rural, suburban, United States by 2035; GENERATION IN THE UNITED and Tribal communities; and (2) the goals described in paragraph (1) are STATES BY 2035 (2) require directly translatable skills from consistent with, and should be achieved Mr. HEINRICH (for himself, Mr. individuals who, as of the date of adoption of through, efforts that prioritize the objectives this resolution, hold jobs in— WHITEHOUSE, Mr. BOOKER, Mr. PADILLA, of— (A) the fossil fuel industry; (A) creating millions of good-paying jobs, Mr. MERKLEY, Mr. MARKEY, Mr. DUR- (B) the construction and building indus- with collective bargaining agreements, and BIN, Mr. BLUMENTHAL, Ms. KLOBUCHAR, try; advancing a thriving, equitable economy Mr. BENNET, Mr. VAN HOLLEN, Mr. (C) the electricity industry, including with an expanded middle class; WYDEN, Ms. ROSEN, Ms. WARREN, Mr. residential and commercial electricians; (B) maintaining the global leadership of LUJA´ N, and Mr. KING) submitted the and the United States in innovation; (D) the automotive industry; following resolution; which was re- (C) ensuring that not less than 40 percent Whereas the average household in the of the benefits of Federal investments in ferred to the Committee on Energy and United States spends, as of the date of adop- Natural Resources: electrification efforts flow to historically tion of this resolution, approximately $4,500 marginalized communities and individuals S. RES. 224 per year on energy, including $2,000 per year disproportionately affected by the health Whereas the United States enjoys an abun- on vehicle fuel; and environmental impacts of fossil fuels; dance of clean energy resources, world-class Whereas, with supportive policy, house- (D) rehiring through place-based policies, research facilities, cutting-edge industrial holds in the United States can save up to retraining, and certifying, for electrification capabilities, and an unrivaled culture of en- half of their annual energy costs by electri- and clean energy jobs, individuals that, as of trepreneurship and technological innovation; fying their household energy systems, in- the date of adoption of this resolution, hold Whereas, as of the date of adoption of this cluding through— jobs in the fossil fuel industry (referred to in (1) the installation of— resolution, technology exists to power the this resolution as ‘‘energy veterans’’); (A) rooftop or distributed photovoltaic majority of energy systems in the United (E) advancing strong labor and safety States with zero-emission electricity; solar and home battery systems; (B) electric heat pumps and electric heat standards throughout the supply chain by Whereas achieving widespread electrifica- pump water heaters; and using certain Federal provisions, including— tion— (C) electric household appliances; and (i) chapter 83 of title 41, United States (1) will reduce the overall energy needs of (2) the purchase of electric vehicles; Code (commonly known as the ‘‘Buy Amer- the United States economy by up to 50 per- Whereas many low- and moderate-income ican Act’’); and cent; and families in the United States lack access to (ii) subchapter IV of chapter 31 of part A of (2) can substantially decrease overall con- credit and financing options that would en- subtitle II of title 40, United States Code sumer energy costs while maintaining the able those families to install money-saving (commonly known as the ‘‘Davis-Bacon same or better lifestyles for individuals and electrified household energy systems; Act’’); families in the United States; Whereas reaping the benefits of electrifica- (F) decreasing the harmful health and en- Whereas national and subnational econo- tion could be made more accessible and cost- vironmental impacts of climate change, mies around the world, including in the effective for individuals in the United which fall disproportionately on low-income United States, are engaged in a fundamental States, so that the access and costs compare people and communities of color in the transition away from energy systems based more favorably with other countries, by— United States; on fossil fuels to zero-emission energy sys- (1) reducing the up-front capital outlays (G) ensuring access to low-cost, reliable tems; typically required; and electricity for individuals, families, and Whereas the United States has the oppor- (2) decreasing the cost of local permitting businesses, while recognizing and addressing tunity to become a clean energy superpower, and regulations for rooftop solar and other the infrastructural challenges in rural and and in the process has the opportunity— distributed renewable energy generation in Tribal communities; (1) to become a net exporter of bulk zero- the United States; (H) modernizing the electric power grid of emission electricity and of products made Whereas investments in energy efficiency the United States and its operations to in- with zero-emission electricity; programs can— crease the security, resilience, reliability, (2) to capture new and expanding power (1) reduce the size and cost of electric heat- fairness, and flexibility of the electric power and technology markets; ing systems; grid;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.018 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2580 CONGRESSIONAL RECORD — SENATE May 18, 2021 (I) transforming existing industries in the (ii) adopting policies to increase available to the bill S. 1260, supra; which was ordered United States into 21st century industries financing for distributed zero-emission elec- to lie on the table. that use and produce clean energy; and tricity generation, especially by low- and SA 1502. Mr. SCHUMER proposed an (J) enhancing the national security of the moderate-income households and individuals amendment to the bill S. 1260, supra. United States, including the cybersecurity of historically denied access to credit; SA 1503. Ms. MURKOWSKI (for herself, Mr. the electric power grid; and (iii) increasing financial incentives at the RISCH, Mr. CRAMER, Mrs. CAPITO, Mr. TILLIS, (3) to succeed, the goals described in para- Federal, State, and local levels for domestic Mr. SULLIVAN, Mr. MANCHIN, Mr. DAINES, Mr. graph (1) and the objectives described in manufacturing of electric appliances, vehi- LANKFORD, and Ms. SINEMA) submitted an paragraph (2) should be accomplished cles, technologies, and systems; and amendment intended to be proposed to through efforts that— (iv) creating accessible financing mecha- amendment SA 1502 proposed by Mr. SCHU- (A) electrify the activities of high-emis- nisms to make electrification projects af- MER to the bill S. 1260, supra; which was or- sions sectors, such as the residential and fordable for all households, including for dered to lie on the table. commercial construction, transportation, both homeowners and renters, across rural, SA 1504. Mr. JOHNSON (for himself and and industrial sectors, including by— urban, suburban, and Tribal communities Mr. COTTON) submitted an amendment in- (i) supporting and incentivizing the resi- across the United States; tended to be proposed to amendment SA 1502 dential and commercial deployment of elec- (H) expand access to, and increase the proposed by Mr. SCHUMER to the bill S. 1260, tric technologies, including battery storage quality of, higher education, vocational supra; which was ordered to lie on the table. systems, electric heat pumps, electric induc- training, and certification programs for SA 1505. Mr. WYDEN (for himself and Mr. tion stoves, electric vehicle chargers, and workers contributing to the goals described SCHUMER) submitted an amendment intended electric water heaters; in paragraph (1) and the objectives described to be proposed to amendment SA 1502 pro- (ii) supporting the expansion of residential, in paragraph (2) with an emphasis on— posed by Mr. SCHUMER to the bill S. 1260, commercial, and public electric vehicle (i) ensuring and encouraging access to supra; which was ordered to lie on the table. charging infrastructure, including in rural those programs for— SA 1506. Ms. ERNST submitted an amend- areas and low- and moderate-income commu- (I) low-income individuals; and ment intended to be proposed by her to the nities; (II) people of color; bill S. 1260, supra; which was ordered to lie (iii) supporting the widespread electrifica- (ii) eliminating gender-based and race- on the table. tion of public transportation systems, in- based pay gaps; SA 1507. Ms. ERNST (for herself, Mr. JOHN- cluding the expansion of public transpor- (iii) protecting the right of workers to or- SON, and Mr. MARSHALL) submitted an tation systems in rural and suburban com- ganize and bargain collectively; and amendment intended to be proposed by her munities; and (iv) rehiring through place-based policies to the bill S. 1260, supra; which was ordered (iv) investing in research, development, and retraining of energy veterans; to lie on the table. demonstration, and deployment programs for (I) facilitate the modernization of Federal, SA 1508. Ms. ERNST (for herself, Mr. MAR- electrification of key industrial processes; State, and local building, electric, and other SHALL, and Mr. CORNYN) submitted an (B) increase the deployment of zero-emis- codes to encourage the adoption of low-cost amendment intended to be proposed by her sion electricity resources, including by— zero-emission electricity resources, includ- to the bill S. 1260, supra; which was ordered (i) expanding investment in zero-emission ing through grant and technical assistance to lie on the table. electricity generation; programs; SA 1509. Ms. ERNST submitted an amend- (ii) lowering the permitting and hardware (J) invest in achieving full access to zero- ment intended to be proposed by her to the costs, and streamlining the process, of in- emission electricity for rural and Tribal bill S. 1260, supra; which was ordered to lie stalling distributed energy systems; communities through a combination of new on the table. (iii) improving the permitting and leasing transmission and distribution, and new gen- SA 1510. Ms. ERNST (for herself and Ms. processes for zero-emission electricity generation, such as through distributed solar SINEMA) submitted an amendment intended eration facilities on public land and offshore and microgrids; to be proposed by her to the bill S. 1260, waters within the jurisdiction of the United (K) pursue a Federal Government-wide ap- supra; which was ordered to lie on the table. SA 1511. Ms. ERNST submitted an amend- States; and proach to zero-emission electrification; ment intended to be proposed by her to the (iv) ending subsidies for fossil fuel develop- (L) increase understanding of the health bill S. 1260, supra; which was ordered to lie ment on both public and private land; impacts of indoor and outdoor air pollution (C) invest in energy efficiency programs on the table. created by fossil fuel appliances and elec- SA 1512. Ms. ERNST submitted an amend- paired with electrification measures, includ- tricity generation, especially on the most ing household weatherization and high effi- ment intended to be proposed by her to the vulnerable members of society; bill S. 1260, supra; which was ordered to lie ciency electric heating and cooling systems; (M) invest in research, development, and (D) expand interregional transmission ca- on the table. demonstration on the efficient use, recy- SA 1513. Ms. ERNST submitted an amend- pacity and planning to promote widespread cling, and waste management of materials and reliable zero-emission electrification; ment intended to be proposed by her to the used in clean energy technologies, including bill S. 1260, supra; which was ordered to lie (E) adopt and expand the use of tech- the sustainable sourcing and recycling of nologies and processes that will make the on the table. critical minerals used in the technologies; SA 1514. Ms. ERNST (for herself and Ms. electric power grid more resilient, reliable, and and efficient; HASSAN) submitted an amendment intended (N) increase research, development, and to be proposed by her to the bill S. 1260, (F) improve commercial, infrastructural, demonstration funding for the next genera- and manufacturing capacity for zero-emis- supra; which was ordered to lie on the table. tion of cutting-edge zero-emission electricity SA 1515. Ms. ERNST submitted an amend- sion electrification, including by— resources, deployment techniques, and grid ment intended to be proposed by her to the (i) identifying and encouraging best prac- modernization technologies. bill S. 1260, supra; which was ordered to lie tices for organizing electrification markets f on the table. across communities and streamlining local SA 1516. Ms. ROSEN (for herself and Ms. regulations and permitting requirements; AMENDMENTS SUBMITTED AND COLLINS) submitted an amendment intended (ii) upgrading home-load centers to support PROPOSED to be proposed to amendment SA 1502 pro- the power supply necessary for widespread SA 1498. Mr. SASSE submitted an amend- posed by Mr. SCHUMER to the bill S. 1260, household electrification; supra; which was ordered to lie on the table. (iii) setting national standards for elec- ment intended to be proposed by him to the bill S. 1260, to establish a new Directorate SA 1517. Mr. TILLIS (for himself and Ms. trification projects that align electrification HIRONO) submitted an amendment intended markets across jurisdictions, while still al- for Technology and Innovation in the Na- tional Science Foundation, to establish a re- to be proposed to amendment SA 1502 pro- lowing for private sector innovation and posed by Mr. SCHUMER to the bill S. 1260, technological advances; and gional technology hub program, to require a strategy and report on economic security, supra; which was ordered to lie on the table. (iv) expanding and electrifying manufac- SA 1518. Mr. JOHNSON submitted an turing facilities so that the United States science, research, innovation, manufacturing, and job creation, to establish a crit- amendment intended to be proposed to can produce and export products made with ical supply chain resiliency program, and for amendment SA 1502 proposed by Mr. SCHU- clean energy; other purposes; which was ordered to lie on MER to the bill S. 1260, supra; which was or- (G) increase the available financing for the table. dered to lie on the table. zero-emission electrification supporting SA 1499. Mr. COTTON submitted an amend- SA 1519. Mr. JOHNSON submitted an technologies at all scales, from utility-scale ment intended to be proposed by him to the amendment intended to be proposed by him power stations and transmission lines to in- bill S. 1260, supra; which was ordered to lie to the bill S. 1260, supra; which was ordered dividual homes and businesses, including on the table. to lie on the table. by— SA 1500. Mr. GRASSLEY submitted an SA 1520. Mr. JOHNSON submitted an (i) providing seed funding for a clean en- amendment intended to be proposed by him amendment intended to be proposed by him ergy and sustainability accelerator that will to the bill S. 1260, supra; which was ordered to the bill S. 1260, supra; which was ordered leverage public and private investment in to lie on the table. to lie on the table. zero-emission electricity across the United SA 1501. Mr. GRASSLEY submitted an SA 1521. Mr. JOHNSON submitted an States; amendment intended to be proposed by him amendment intended to be proposed by him

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.024 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2581 to the bill S. 1260, supra; which was ordered (1) in subsection (a), by striking paragraph DIVISION A—CHIPS AND O-RAN 5G to lie on the table. (1) and inserting the following: EMERGENCY APPROPRIATIONS SA 1522. Mr. JOHNSON submitted an ‘‘(1) shall provide to the person informa- Sec. 1001. Table of contents. amendment intended to be proposed by him tion that appears on the merchandise, in- Sec. 1002. Creating Helpful Incentives to to the bill S. 1260, supra; which was ordered cluding— Produce Semiconductors to lie on the table. ‘‘(A) its packaging, materials, and con- (CHIPS) for America Fund. f tainers, including labels; and Sec. 1003. Appropriations for wireless supply ‘‘(B) its packing materials and containers, chain innovation. TEXT OF AMENDMENTS including labels; and’’; and DIVISION B—ENDLESS FRONTIER ACT (2) in subsection (b)— SA 1498. Mr. SASSE submitted an Sec. 2001. Short title; table of contents. (A) in paragraph (3), by striking ‘‘; and’’ amendment intended to be proposed by Sec. 2002. Definitions. and inserting a semicolon; him to the bill S. 1260, to establish a Sec. 2003. Sense of Congress. (B) in paragraph (4), by striking the period new Directorate for Technology and In- Sec. 2004. Interagency working group. at the end and inserting ‘‘; and’’; and Sec. 2005. Key technology focus areas. novation in the National Science Foun- (C) by adding at the end the following: dation, to establish a regional tech- ‘‘(5) any other party with an interest in the TITLE I—NSF TECHNOLOGY AND nology hub program, to require a strat- merchandise, as determined appropriate by INNOVATION egy and report on economic security, the Commissioner.’’. Sec. 2101. Definitions. science, research, innovation, manufac- Sec. 2102. Directorate establishment and purpose. turing, and job creation, to establish a SA 1501. Mr. GRASSLEY submitted an amendment intended to be proposed Sec. 2103. Personnel management. critical supply chain resiliency pro- Sec. 2104. Innovation centers. gram, and for other purposes; which by him to the bill S. 1260, to establish Sec. 2105. Transition of NSF programs. was ordered to lie on the table; as fol- a new Directorate for Technology and Sec. 2106. Providing scholarships, fellow- lows: Innovation in the National Science ships, and other student support. At the appropriate place, insert the fol- Foundation, to establish a regional Sec. 2107. Research and development. lowing: technology hub program, to require a strategy and report on economic secu- Sec. 2108. Test beds. SEC. ll. AUTHORIZATION OF APPROPRIATIONS Sec. 2109. Academic technology transfer. FOR THE DEFENSE ADVANCED RE- rity, science, research, innovation, Sec. 2110. Capacity-building program for de- SEARCH PROJECTS AGENCY. manufacturing, and job creation, to es- veloping universities. Notwithstanding any other provision of tablish a critical supply chain resil- Sec. 2111. Technical assistance. law, there is authorized to be appropriated iency program, and for other purposes; Sec. 2112. Coordination of activities. for the Defense Advanced Research Projects Sec. 2113. Reporting requirements. Agency $7,000,000,000 for each of fiscal years which was ordered to lie on the table; as follows: Sec. 2114. Hands-on learning program. 2022 through 2026. Sec. 2115. Intellectual property protection. At the appropriate place, insert the fol- Sec. 2116. Authorization of appropriations SA 1499. Mr. COTTON submitted an lowing: for the Foundation. amendment intended to be proposed by SEC. ll. REPORT ON ACHIEVING SUPPLY CHAIN Sec. 2117. Authorization of appropriations him to the bill S. 1260, to establish a TRANSPARENCY. for the Department of Energy. new Directorate for Technology and In- Not later than 180 days after the date of TITLE II—NSF RESEARCH, STEM, AND novation in the National Science Foun- the enactment of this Act, the Commissioner GEOGRAPHIC DIVERSITY INITIATIVES of U.S. Customs and Border Protection shall dation, to establish a regional tech- submit to Congress a report that— Sec. 2201. Chief Diversity Officer of the NSF. Sec. 2202. Programs to address the STEM nology hub program, to require a strat- (1) assesses how limited supply chain visi- workforce. egy and report on economic security, bility hinders the ability of U.S. Customs Sec. 2203. Emerging research institution science, research, innovation, manufac- and Border Protection to identify and con- pilot program. duct enforcement actions with respect to ar- turing, and job creation, to establish a Sec. 2204. Personnel management authori- ticles imported in violation of the customs critical supply chain resiliency pro- ties for the Foundation. gram, and for other purposes; which and trade laws of the United States, includ- Sec. 2205. Advanced Technological Manufac- was ordered to lie on the table; as fol- ing articles produced with forced labor or turing Act. with respect to which unfair subsidies were lows: Sec. 2206. Intramural emerging institutions provided; pilot program. At the end of title III of division B, add the (2) identifies the types of information U.S. following: Sec. 2207. Public-private partnerships. Customs and Border Protection would re- Sec. 2208. AI Scholarship-for-Service Act. SEC. 2309. PROHIBITION AGAINST FEDERAL quire to achieve supply chain transparency; Sec. 2209. Geographic diversity. FUNDING FOR FOREIGN ENTITIES (3) identifies the parties who would be re- OF CONCERN. Sec. 2210. Rural STEM Education Act. quired to submit those types of information Sec. 2211. Quantum Network Infrastructure (a) INELIGIBILITY FOR FEDERAL FUNDING.— to U.S. Customs and Border Protection; and Workforce Development Notwithstanding any other provision of law, (4) assesses how U.S. Customs and Border Act. a foreign entity of concern (as defined in sec- Protection would store and utilize that in- Sec. 2212. Supporting Early-Career Re- tion 2307(a)(1)) may not receive any Federal formation; and searchers Act. funding under this division. (5) provides estimates of the costs to col- Sec. 2213. Advancing Precision Agriculture lect, store, and utilize that information. Capabilities Act. SA 1500. Mr. GRASSLEY submitted Sec. 2214. Critical minerals mining research. an amendment intended to be proposed SA 1502. Mr. SCHUMER proposed an Sec. 2215. Caregiver policies. by him to the bill S. 1260, to establish amendment to the bill S. 1260, to estab- Sec. 2216. Presidential awards. a new Directorate for Technology and lish a new Directorate for Technology Sec. 2217. Bioeconomy Research and Devel- Innovation in the National Science and Innovation in the National Science opment Act of 2021. Sec. 2218. Microgravity utilization policy. Foundation, to establish a regional Foundation, to establish a regional technology hub program, to require a technology hub program, to require a TITLE III—RESEARCH SECURITY strategy and report on economic secu- strategy and report on economic secu- Sec. 2301. National Science Foundation research security. rity, science, research, innovation, rity, science, research, innovation, manufacturing, and job creation, to es- Sec. 2302. Research security and integrity manufacturing, and job creation, to es- information sharing analysis tablish a critical supply chain resil- tablish a critical supply chain resil- organization. iency program, and for other purposes; iency program, and for other purposes; Sec. 2303. Foreign government talent re- which was ordered to lie on the table; as follows: cruitment program prohibition. as follows: Strike all after the enacting clause and in- Sec. 2304. Additional requirements for Direc- At the appropriate place, insert the fol- sert the following: torate research security. Sec. 2305. Protecting research from cyber lowing: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. ll. ENHANCED AUTHORITY TO SHARE IN- theft. (a) SHORT TITLE.—This Act may be cited as Sec. 2306. International standards develop- FORMATION WITH RESPECT TO MER- the ‘‘United States Innovation and Competi- CHANDISE SUSPECTED OF VIO- ment. LATING INTELLECTUAL PROPERTY tion Act of 2021’’. Sec. 2307. Research funds accounting. RIGHTS. (b) TABLE OF CONTENTS.—The table of con- Sec. 2308. Plan with respect to sensitive or Section 628A of the Tariff Act of 1930 (19 tents for this Act is as follows: controlled information and U.S.C. 1628a) is amended— Sec. 1. Short title; table of contents. background screening.

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TITLE IV—REGIONAL INNOVATION PART I—AUTHORIZATION OF APPROPRIATIONS Sec. 2658. Prioritization of low-enriched ura- CAPACITY Sec. 2613. Authorization of appropriations. nium technology. Sec. 2659. Sense of Congress on next-genera- Sec. 2401. Regional technology hubs. PART II—HUMAN SPACEFLIGHT AND Sec. 2402. Manufacturing USA Program. tion communications tech- EXPLORATION Sec. 2403. Establishment of expansion nology. awards program in Hollings Sec. 2614. Competitiveness within the Sec. 2660. Lunar surface technologies. human landing system pro- Manufacturing Extension Part- PART VI—STEM ENGAGEMENT nership and authorization of ap- gram. Sec. 2661. Sense of Congress. propriations for the Partner- Sec. 2615. Space launch system configura- Sec. 2662. STEM education engagement ac- ship. tions. tivities. Sec. 2404. National Manufacturing Advisory Sec. 2616. Advanced spacesuits. Sec. 2663. Skilled technical education out- Council. Sec. 2617. Acquisition of domestic space reach program. TITLE V—MISCELLANEOUS transportation and logistics resupply services. PART VII—WORKFORCE AND INDUSTRIAL BASE Sec. 2501. Strategy and report on economic Sec. 2618. Rocket engine test infrastructure. security, science, research, and Sec. 2665. Appointment and compensation Sec. 2619. Pearl River maintenance. innovation to support the na- pilot program. Sec. 2620. Value of International Space Sta- tional security strategy. Sec. 2666. Establishment of multi-institution and capabilities in low- Sec. 2502. Person or entity of concern prohi- tion consortia. Earth orbit. bition. Sec. 2667. Expedited access to technical tal- Sec. 2503. Study on emerging science and Sec. 2621. Extension and modification relat- ent and expertise. technology challenges faced by ing to International Space Sta- Sec. 2668. Report on industrial base for civil the United States and rec- tion. space missions and operations. ommendations to address them. Sec. 2622. Department of Defense activities Sec. 2669. Separations and retirement incen- Sec. 2504. Report on global semiconductor on International Space Station. tives. shortage. Sec. 2623. Commercial development in low- Sec. 2670. Confidentiality of medical quality Sec. 2505. Supply chain resiliency program. Earth orbit. assurance records. Sec. 2624. Maintaining a national laboratory Sec. 2506. Semiconductor incentives. PART VIII—MISCELLANEOUS PROVISIONS Sec. 2507. Research Investment to Spark the in space. Economy Act. Sec. 2625. International Space Station na- Sec. 2671. Contracting authority. Sec. 2508. Office of Manufacturing and Indus- tional laboratory; property Sec. 2672. Authority for transaction proto- trial Innovation Policy. rights in inventions. type projects and follow-on pro- Sec. 2509. Telecommunications Workforce Sec. 2626. Data first produced during non- duction contracts. Training Grant Program. NASA scientific use of the ISS Sec. 2673. Protection of data and informa- Sec. 2510. Country Of Origin Labeling Online national laboratory. tion from public disclosure. Act. Sec. 2627. Payments received for commercial Sec. 2674. Physical security modernization. Sec. 2511. Country of origin labeling for king space-enabled production on Sec. 2675. Lease of non-excess property. crab and tanner crab. the ISS. Sec. 2676. Cybersecurity. Sec. 2512. Internet exchanges and submarine Sec. 2628. Stepping stone approach to explo- Sec. 2677. Limitation on cooperation with cables. ration. the People’s Republic of China. Sec. 2513. Study of sister city partnerships Sec. 2629. Technical amendments relating to Sec. 2678. Consideration of issues related to operating within the United Artemis missions. contracting with entities re- States involving foreign com- ceiving assistance from or af- PART III—SCIENCE munities in countries with sig- filiated with the People’s Re- nificant public sector corrup- Sec. 2631. Science priorities. public of China. tion. Sec. 2632. Lunar discovery program. Sec. 2679. Small satellite launch services Sec. 2514. Prohibition on transfer, assign- Sec. 2633. Search for life. program. ment, or disposition of con- Sec. 2634. James Webb Space Telescope. Sec. 2680. 21st century space launch infra- struction permits and station Sec. 2635. Nancy Grace Roman Space Tele- structure. licenses to entities subject to scope. Sec. 2681. Missions of national need. undue influence by the Chinese Sec. 2636. Study on satellite servicing for Sec. 2682. Drinking water well replacement Communist Party or the Gov- science missions. for Chincoteague, Virginia. ernment of the People’s Repub- Sec. 2637. Earth science missions and pro- Sec. 2683. Passenger carrier use. lic of China. grams. Sec. 2684. Use of commercial near-space bal- Sec. 2515. Limitation on nuclear cooperation Sec. 2638. Life science and physical science loons. with the People’s Republic of research. Sec. 2685. President’s Space Advisory Board. China. Sec. 2639. Science missions to Mars. Sec. 2686. Initiative on technologies for Sec. 2516. Certification. Sec. 2640. Planetary Defense Coordination noise and emissions reductions. Sec. 2517. Fairness and due process in stand- Office. Sec. 2687. Remediation of sites contami- ards-setting bodies. Sec. 2641. Suborbital science flights. nated with trichloroethylene. Sec. 2518. Shark fin sales elimination. Sec. 2642. Earth science data and observa- Sec. 2688. Review on preference for domestic Sec. 2519. Sense of Congress on forced labor. tions. suppliers. Sec. 2520. Open network architecture. Sec. 2643. Sense of Congress on small sat- Sec. 2689. Report on use of commercial Sec. 2521. Combatting sexual harassment in ellite science. spaceports licensed by the Fed- science. Sec. 2644. Sense of Congress on commercial Sec. 2522. National Science Corps. eral Aviation Administration. space services. Sec. 2690. Active orbital debris mitigation. Sec. 2523. Annual report on foreign research. Sec. 2645. Procedures for identifying and ad- Sec. 2524. Accelerating unmanned maritime Sec. 2691. Study on commercial communica- dressing alleged violations of systems research. tions services. scientific integrity policy. Sec. 2525. Foundation funding to institu- DIVISION C—STRATEGIC COMPETITION tions hosting or supporting PART IV—AERONAUTICS ACT OF 2021 Confucius Institutes. Sec. 2646. Short title. Sec. 3001. Short title; table of contents. Sec. 2526. Supporting documents. Sec. 2647. Definitions. Sec. 3002. Findings. Sec. 2527. BASIC Research. Sec. 2648. Experimental aircraft projects. Sec. 3003. Definitions. TITLE VI—SPACE MATTERS Sec. 2649. Unmanned aircraft systems. Sec. 3004. Statement of policy. Subtitle A—SPACE Act Sec. 2650. 21st Century Aeronautics Capabili- Sec. 3005. Sense of Congress. ties Initiative. Sec. 2601. Short title. Sec. 3006. Rules of construction. Sec. 2651. Sense of Congress on on-demand Sec. 2602. Sense of Congress. TITLE I—INVESTING IN A COMPETITIVE air transportation. Sec. 2603. Definitions. FUTURE Sec. 2604. Space situational awareness data, Sec. 2652. Sense of Congress on hypersonic Subtitle A—Science and Technology information, and services: pro- technology research. vision to non-United States PART V—SPACE TECHNOLOGY Sec. 3101. Authorization to assist United States companies with global Government entities. Sec. 2653. Space Technology Mission Direc- supply chain diversification and Sec. 2605. Centers of Excellence for Space torate. management. Situational Awareness. Sec. 2654. Flight opportunities program. Subtitle B—National Aeronautics and Space Sec. 2655. Small Spacecraft Technology Pro- Subtitle B—Global Infrastructure and Administration Authorization Act gram. Energy Development Sec. 2611. Short title. Sec. 2656. Nuclear propulsion technology. Sec. 3111. Appropriate committees of Con- Sec. 2612. Definitions. Sec. 2657. Mars-forward technologies. gress defined.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0655 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2583 Sec. 3112. Sense of Congress on international Sec. 3212. Sense of Congress on negotiations Sec. 3232. Report on national technology and quality infrastructure invest- with G7 and G20 countries. industrial base. ment standards. Sec. 3213. Enhancing the United States-Tai- Sec. 3233. Report on diplomatic outreach Sec. 3113. United States support for infra- wan partnership. with respect to Chinese mili- structure. Sec. 3214. Taiwan Fellowship Program. tary installations overseas. Sec. 3114. Infrastructure Transaction and Sec. 3215. Treatment of Taiwan government. Sec. 3234. Statement of policy regarding uni- Assistance Network. Sec. 3216. Taiwan symbols of sovereignty. versal implementation of Sec. 3115. Strategy for advanced and reliable Sec. 3217. Report on origins of the COVID–19 United Nations sanctions on energy infrastructure. pandemic. North Korea. Sec. 3116. Report on the People’s Republic of Sec. 3218. Enhancement of diplomatic sup- Sec. 3235. Limitation on assistance to coun- China’s investments in foreign port and economic engagement tries hosting Chinese military energy development. with Pacific island countries. installations. Subtitle C—Digital Technology and Sec. 3219. Increasing Department of State Subtitle C—Regional Strategies to Counter Connectivity personnel and resources de- the People’s Republic of China voted to the Indo-Pacific. Sec. 3121. Sense of Congress on digital tech- Sec. 3241. Statement of policy on coopera- Sec. 3219A. Advancing United States leader- nology issues. tion with allies and partners ship in the United Nations Sys- Sec. 3122. Digital connectivity and cyberse- around the world with respect tem. curity partnership. to the People’s Republic of Sec. 3219B. Asia Reassurance Initiative Act Sec. 3123. Strategy for digital investment by China. United States International De- of 2018. velopment Finance Corpora- Sec. 3219C. Statement of policy on need for PART I—WESTERN HEMISPHERE tion. reciprocity in the relationship Sec. 3245. Sense of Congress regarding Subtitle D—Countering Chinese Communist between the United States and United States-Canada relations. Party Malign Influence the People’s Republic of China. Sec. 3246. Sense of Congress regarding the Sec. 3219D. Opposition to provision of assist- Government of the People’s Re- Sec. 3131. Short title. ance to People’s Republic of public of China’s arbitrary im- Sec. 3132. Authorization of appropriations China by Asian Development prisonment of Canadian citi- for countering Chinese Influ- Bank. zens. ence Fund. Sec. 3219E. Opposition to provision of assist- Sec. 3247. Strategy to enhance cooperation Sec. 3133. Findings on Chinese information ance to People’s Republic of with Canada. warfare and malign influence China by International Bank Sec. 3248. Strategy to strengthen economic operations. for Reconstruction and Devel- competitiveness, governance, Sec. 3134. Authorization of appropriations opment. human rights, and the rule of for the Fulbright-Hays Pro- Sec. 3219F. United States policy on Chinese law in Latin America and the gram. and Russian government efforts Sec. 3135. Sense of Congress condemning Caribbean. to undermine the United Na- anti-Asian racism and discrimi- Sec. 3249. Engagement in international orga- tions Security Council action nation. nizations and the defense sector Sec. 3136. Supporting independent media and on human rights. in Latin America and the Car- countering disinformation. Sec. 3219G. Deterring PRC use of force ibbean. Sec. 3137. Global engagement center. against Taiwan. Sec. 3250. Addressing China’s sovereign lend- Sec. 3138. Review by Committee on Foreign Sec. 3219H. Strategy to respond to sharp ing practices in Latin America Investment in the United power operations targeting Tai- and the Caribbean. States of certain foreign gifts wan. Sec. 3251. Defense cooperation in Latin to and contracts with institu- Sec. 3219I. Study and report on bilateral ef- America and the Caribbean. tions of higher education. forts to address Chinese Sec. 3252. Engagement with civil society in Sec. 3139. Post-employment restrictions on fentanyl trafficking. Latin America and the Carib- Senate-confirmed officials at Sec. 3219J. Investment, trade, and develop- bean regarding accountability, the Department of State. ment in Africa and Latin Amer- human rights, and the risks of Sec. 3140. Sense of Congress on prioritizing ica and the Caribbean. pervasive surveillance tech- nomination of qualified ambas- Sec. 3219K. Facilitation of increased equity nologies. sadors to ensure proper diplo- investments under the Better PART II—TRANSATLANTIC ALLIANCE Utilization of Investments matic positioning to counter Sec. 3255. Sense of Congress on the Trans- Leading to Development Act of Chinese influence. atlantic alliance. 2018. Sec. 3141. China Censorship Monitor and Ac- Sec. 3256. Strategy to enhance transatlantic tion Group. Subtitle B—International Security Matters cooperation with respect to the TITLE II—INVESTING IN ALLIANCES AND Sec. 3221. Definitions. People’s Republic of China. PARTNERSHIPS Sec. 3222. Findings. Sec. 3257. Enhancing Transatlantic coopera- Subtitle A—Strategic and Diplomatic Sec. 3223. Sense of Congress regarding bol- tion on promoting private sec- Matters stering security partnerships in tor finance. Sec. 3201. Appropriate committees of Con- the Indo-Pacific. Sec. 3258. Report and briefing on coopera- gress defined. Sec. 3224. Statement of policy. tion between China and Iran Sec. 3202. United States commitment and Sec. 3225. Foreign military financing in the and between China and Russia. support for allies and partners Indo-Pacific and authorization Sec. 3259. Promoting responsible develop- in the Indo-Pacific. of appropriations for Southeast ment alternatives to the belt Sec. 3203. Sense of Congress on cooperation Asia maritime security pro- and road initiative. with the Quad. grams and diplomatic outreach PART III—SOUTH AND CENTRAL ASIA activities. Sec. 3204. Establishment of Quad Intra-Par- Sec. 3261. Sense of Congress on South and Sec. 3226. Foreign military financing com- liamentary Working Group. Central Asia. pact pilot program in the Indo- Sec. 3205. Statement of policy on coopera- Sec. 3262. Strategy to enhance cooperation Pacific. tion with ASEAN. with South and Central Asia. Sec. 3206. Sense of Congress on enhancing Sec. 3227. Additional funding for inter- PART IV—AFRICA United States–ASEAN coopera- national military education tion on technology issues with and training in the Indo-Pa- Sec. 3271. Assessment of political, economic, respect to the People’s Republic cific. and security activity of the of China. Sec. 3228. Prioritizing excess defense article People’s Republic of China in Sec. 3207. Report on Chinese influence in transfers for the Indo-Pacific. Africa. international organizations. Sec. 3229. Prioritizing excess naval vessel Sec. 3272. Increasing the competitiveness of Sec. 3208. Regulatory exchanges with allies transfers for the Indo-Pacific. the United States in Africa. and partners. Sec. 3230. Statement of policy on maritime Sec. 3273. Digital security cooperation with Sec. 3209. Technology partnership office at freedom of operations in inter- respect to Africa. the Department of State. national waterways and air- Sec. 3274. Increasing personnel in United Sec. 3210. United States representation in space of the Indo-Pacific and on States embassies in sub-Saha- standards-setting bodies. artificial land features in the ran Africa focused on the Peo- Sec. 3211. Sense of Congress on centrality of South China Sea. ple’s Republic of China. sanctions and other restrictions Sec. 3231. Report on capability development Sec. 3275. Support for Young African Lead- to strategic competition with of Indo-Pacific allies and part- ers Initiative. China. ners. Sec. 3276. Africa broadcasting networks.

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PART V—MIDDLE EAST AND NORTH AFRICA Sec. 3406. Report on manner and extent to TITLE II—CYBER AND ARTIFICIAL Sec. 3281. Strategy to counter Chinese influ- which the Government of the INTELLIGENCE ence in, and access to, the Mid- People’s Republic of China ex- Subtitle A—Advancing American AI ploits Hong Kong to circumvent dle East and North Africa. Sec. 4201. Short title. United States laws and protec- Sec. 3282. Sense of Congress on Middle East Sec. 4202. Purpose. tions. and North Africa engagement. Sec. 4203. Definitions. Sec. 3407. Annual review on the presence of Sec. 4204. Principles and policies for use of PART VI—ARCTIC REGION Chinese companies in United artificial intelligence in Gov- States capital markets. Sec. 3285. Arctic diplomacy. ernment. Sec. 3408. Economic defense response teams. PART VII—OCEANIA Sec. 4205. Agency inventories and artificial TITLE V—ENSURING STRATEGIC Sec. 3291. Statement of policy on United intelligence use cases. SECURITY States engagement in Oceania. Sec. 4206. Rapid pilot, deployment and scale Sec. 3292. Oceania strategic roadmap. Sec. 3501. Findings on strategic security and of applied artificial intelligence Sec. 3293. Review of USAID programming in arms control. capabilities to demonstrate Oceania. Sec. 3502. Cooperation on a strategic nuclear modernization activities related to use cases. Sec. 3294. Oceania Security Dialogue. dialogue. Sec. 3503. Report on United States efforts to Sec. 4207. Enabling entrepreneurs and agen- Sec. 3295. Report on countering illegal, unre- engage the People’s Republic of cy missions. ported, and unregulated fishing China on nuclear issues and in Oceania. Subtitle B—Cyber Response and Recovery ballistic missile issues. Sec. 4251. Short title. Sec. 3296. Oceania Peace Corps partnerships. Sec. 3504. Countering the People’s Republic Sec. 4252. Declaration of a significant inci- TITLE III—INVESTING IN OUR VALUES of China’s proliferation of bal- dent. Sec. 3301. Authorization of appropriations listic missiles and nuclear tech- TITLE III—PERSONNEL for promotion of democracy in nology to the Middle East. Hong Kong. DIVISION D—HOMELAND SECURITY AND Subtitle A—Facilitating Federal Employee Sec. 3302. Imposition of sanctions relating to GOVERNMENTAL AFFAIRS COMMITTEE Reskilling forced labor in the Xinjiang PROVISIONS Sec. 4301. Short title. Uyghur Autonomous Region. Sec. 4001. Short title; table of contents. Sec. 4302. Reskilling Federal employees. Sec. 3303. Imposition of sanctions with re- TITLE I—ENSURING DOMESTIC Subtitle B—Federal Rotational Cyber spect to systematic rape, coer- MANUFACTURING CAPABILITIES Workforce Program cive abortion, forced steriliza- Subtitle A—Build America, Buy America Sec. 4351. Short title. tion, or involuntary contracep- Sec. 4352. Definitions. tive implantation in the Sec. 4101. Short title. Sec. 4353. Rotational cyber workforce posi- Xinjiang Uyghur Autonomous PART I—BUY AMERICA SOURCING tions. Region. REQUIREMENTS Sec. 4354. Rotational cyber workforce pro- Sec. 3304. Report on corrupt activities of Sec. 4111. Findings. gram. senior officials of Government Sec. 4112. Definitions. Sec. 4355. Reporting by GAO. of the People’s Republic of Sec. 4113. Identification of deficient pro- Sec. 4356. Sunset. China. grams. TITLE IV—OTHER MATTERS Sec. 3305. Removal of members of the United Sec. 4114. Application of Buy America pref- Subtitle A—Ensuring Security of Unmanned Nations Human Rights Council erence. Aircraft Systems that commit human rights Sec. 4115. OMB guidance and standards. abuses. Sec. 4116. Technical assistance partnership Sec. 4401. Short title. Sec. 3306. Policy with respect to Tibet. and consultation supporting Sec. 4402. Definitions. Sec. 3307. United States policy and inter- Department of Transportation Sec. 4403. Prohibition on procurement of national engagement on the Buy America requirements. covered unmanned aircraft sys- succession or reincarnation of Sec. 4117. Application. tems from covered foreign entities. the Dalai Lama and religious PART II—MAKE ITINAMERICA freedom of Tibetan Buddhists. Sec. 4404. Prohibition on operation of cov- Sec. 4121. Regulations relating to Buy Amer- Sec. 3308. Sense of Congress on treatment of ered unmanned aircraft sys- ican Act. tems from covered foreign enti- Uyghurs and other ethnic mi- Sec. 4122. Amendments relating to Buy norities in the Xinjiang Uyghur ties. American Act. Sec. 4405. Prohibition on use of Federal Autonomous Region. Sec. 4123. Made in America Office. Sec. 3309. Development and deployment of funds for purchases and oper- Sec. 4124. Hollings Manufacturing Extension ation of covered unmanned air- internet freedom and Great Partnership activities. Firewall circumvention tools craft systems from covered for- Sec. 4125. United States obligations under eign entities. for the people of Hong Kong. international agreements. Sec. 3310. Enhancing transparency on inter- Sec. 4406. Prohibition on use of Government- Sec. 4126. Definitions. issued Purchase Cards to pur- national agreements and non- Sec. 4127. Prospective amendments to inter- binding instruments. chase covered unmanned air- nal cross-references. craft systems from covered for- Sec. 3311. Authorization of appropriations Subtitle B—BuyAmerican.gov eign entities. for protecting human rights in Sec. 4407. Management of existing inven- the People’s Republic of China. Sec. 4131. Short title. Sec. 4132. Definitions. tories of covered unmanned air- Sec. 3312. Diplomatic boycott of the XXIV Sec. 4133. Sense of Congress on buying craft systems from covered for- Olympic Winter Games and the American. eign entities. XIII Paralympic Winter Games. Sec. 4134. Assessment of impact of free trade Sec. 4408. Comptroller General report. Sec. 3313. Repeal of sunset applicable to au- agreements. Sec. 4409. Government-wide policy for pro- thority under Global Sec. 4135. Judicious use of waivers. curement of unmanned aircraft Magnitsky Human Rights Ac- Sec. 4136. Establishment of systems. countability Act. BuyAmerican.gov website. Sec. 4410. Study. TITLE IV—INVESTING IN OUR ECONOMIC Sec. 4137. Waiver Transparency and Stream- Sec. 4411. Sunset. STATECRAFT lining for contracts. Subtitle B—No TikTok on Government Sec. 3401. Findings and sense of Congress re- Sec. 4138. Comptroller General report. Devices Sec. 4139. Rules of construction. garding the PRC’s industrial Sec. 4431. Short title. Sec. 4140. Consistency with international policy. Sec. 4432. Prohibition on the use of TikTok. Sec. 3402. Intellectual property violators agreements. Subtitle C—National Risk Management list. Sec. 4141. Prospective amendments to inter- Sec. 3403. Government of the People’s Re- nal cross-references. Sec. 4461. Short title. public of China subsidies list. Subtitle C—Make PPE in America Sec. 4462. National risk management cycle. Sec. 3404. Countering foreign corrupt prac- Sec. 4151. Short title. Subtitle D—Safeguarding American tices. Sec. 4152. Findings. Innovation Sec. 3405. Debt relief for countries eligible Sec. 4153. Requirement of long-term con- Sec. 4491. Short title. for assistance from the Inter- tracts for domestically manu- Sec. 4492. Definitions. national Development Associa- factured personal protective Sec. 4493. Federal Research Security Coun- tion. equipment. cil.

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Sec. 4494. Federal grant application fraud. Sec. 5305. Report on implementation of proc- (1) ESTABLISHMENT.—There is established Sec. 4495. Restricting the acquisition of ess for exchange of information in the Treasury of the United States a fund emerging technologies by cer- between Committee on Foreign to be known as the ‘‘Creating Helpful Incen- tain aliens. Investment in the United tives to Produce Semiconductors (CHIPS) for Sec. 4496. Machine readable visa documents. States and allies and partners. America Fund’’ (referred to in this sub- Sec. 4497. Certifications regarding access to Sec. 5306. Report on economic and national section as the ‘‘Fund’’) for the Secretary of export controlled technology in security implications of Commerce to carry out sections 9902 and 9906 educational and cultural exchanges to cross-border pay- of the William M. (Mac) Thornberry National change programs. ment and financial messaging Defense Authorization Act for Fiscal Year Sec. 4498. Privacy and confidentiality. systems. 2021 (Public Law 116–283). Amounts in the Sec. 5307. Report on development and utili- Fund to carry out section 9906 of Public Law DIVISION E—MEETING THE CHINA zation of dual-use technologies 116–283 shall be transferred to and merged CHALLENGE ACT OF 2021 by the Government of the Peo- with ac counts within the Department of Sec. 5001. Short title; table of contents. ple’s Republic of China. Commerce to be used for such purposes. TITLE I—FINANCIAL SERVICES Sec. 5308. Report on currency issues with re- (2) APPROPRIATION.— spect to the People’s Republic (A) In addition to amounts otherwise avail- Sec. 5101. Findings on transparency and dis- of China. able for such purposes, there is appropriated closure; sense of Congress. Sec. 5309. Report on exposure of the United to the Fund established in subsection (a)(1), Sec. 5102. Establishment of interagency task States to the financial system out of amounts in the Treasury not other- force to address Chinese market of the People’s Republic of wise appropriated— manipulation in the United China. (i) for fiscal year 2022, $24,000,000,000, to re- States. Sec. 5310. Report on investment reciprocity main available until expended, of which Sec. 5103. Expansion of study and strategy between the United States and $19,000,000,000 shall be for section 9902 of Pub- on money laundering by the the People’s Republic of China. lic Law 116–283, $2,000,000,000 shall be for sub- People’s Republic of China to DIVISION F—OTHER MATTERS section (c) of section 9906 of Public Law 116– include risks of contributing to 283, $2,500,000,000 shall be for subsection (d) of corruption. Sec. 6001. Table of contents. section 9906 of Public Law 116–283, and Sec. 5104. Statement of policy to encourage TITLE I—COMPETITIVENESS AND SECU- $500,000,000 shall be for subsections (e) and (f) the development of a corporate RITY FOR EDUCATION AND MEDICAL of section 9906 of Public Law 116–283; code of conduct for countering RESEARCH (ii) for fiscal year 2023, $7,000,000,000 to re- malign influence in the private Subtitle A—Department of Health and main available until expended, of which sector. Human Services Programs $5,000,000,000 shall be for section 9902 of Pub- TITLE II—PROTECTING UNITED STATES Sec. 6101. Foreign talent programs. lic Law 116–283 and $2,000,000,000 shall be for NATIONAL SECURITY Sec. 6102. Securing identifiable, sensitive in- subsections (c), (d), (e), and (f) of section 9906 of Public Law 116–283; Subtitle A—Sanctions With Respect to formation. Sec. 6103. Duties of the Director. (iii) for fiscal year 2024, $6,300,000,000, to re- People’s Republic of China Sec. 6104. Protecting America’s biomedical main available until expended, of which Sec. 5201. Definitions. research enterprise. $5,000,000,000 shall be for section 9902 of Pub- Sec. 5202. Use of sanctions authorities with Sec. 6105. GAO Study. lic Law 116–283 and $1,300,000,000 shall be for respect to the People’s Republic Sec. 6106. Report on progress to address subsections (c), (d), (e), and (f) of section 9906 of China. undue foreign influence. of Public Law 116–283; (iv) for fiscal year 2025, $6,100,000,000, to re- Sec. 5203. Imposition of sanctions with re- Subtitle B—Elementary and Secondary main available until expended, of which spect to activities of the Peo- Education ple’s Republic of China under- $5,000,000,000 shall be for section 9902 of Pub- Sec. 6111. Postsecondary stem pathways mining cybersecurity, including lic Law 116–283 and $1,100,000,000 shall be for grants. cyber attacks on United States subsections (c), (d), (e), and (f) of section 9906 Sec. 6112. Improving access to elementary Government or private sector of Public Law 116–283; and and secondary computer networks. (v) for fiscal year 2026, $6,800,000,000, to re- science education. Sec. 5204. Imposition of sanctions with remain available until expended, of which spect to theft of trade secrets of Subtitle C—Higher Education $5,000,000,000 shall be for section 9902 of Pub- United States persons. Sec. 6121. Reauthorization of international lic Law 116– 283 and $1,800,000,000 shall be for Sec. 5205. Implementation; penalties. education programs under title subsections (c), (d), (e), and (f) of section 9906 of Public Law 116–283. Sec. 5206. Exceptions. VI of the Higher Education Act of 1965. (B) In carrying out this subsection, the Subtitle B—Export Control Review And Sec. 6122. Confucius Institutes. Secretary of Commerce may use up to 2 per- Other Matters Sec. 6123. Sustaining the Truman Founda- cent of the amounts made available in each Sec. 5211. Review and controls on export of tion and the Madison Founda- fiscal year for salaries and expenses, admin- items with critical capabilities tion. istration, and oversight purposes, of which to enable human rights abuses. Sec. 6124. Disclosures of foreign gifts and $5,000,000 in each of fiscal years 2022 through Sec. 5212. Prohibition on reviews by Com- contracts at institutions of 2026 shall be transferred to the Office of In- mittee on Foreign Investment higher education. spector General of the Department of Com- merce to oversee expenditures from the in the United States of certain TITLE II—COMMITTEE ON THE Fund. foreign gifts to and contracts JUDICIARY PROVISIONS with institutions of higher edu- (3) ASSISTANCE FOR MATURE TECHNOLOGY Sec. 6201. Short title. cation. NODES.— Sec. 6202. Premerger notification filing fees. (A) Of the amount available in fiscal year Sec. 5213. Conforming amendments to Treas- Sec. 6203. Authorization of appropriations. ury positions established by 2022 to implement section 9902 of Public Law Foreign Investment Risk Re- TITLE III—MISCELLANEOUS 116–283, $2,000,000,000 shall be to provide Fed- view Modernization Act of 2018. Sec. 6301. Enhancing entrepreneurship for eral financial assistance to covered entities the 21st century. to incentivize investment in facilities and TITLE III—REPORTS DIVISION A—CHIPS AND O-RAN 5G equipment in the United States for the fab- Sec. 5301. Review of the presence of Chinese EMERGENCY APPROPRIATIONS rication, assembly, testing, or advanced entities in United States cap- packaging of semiconductors at mature ital markets. SEC. 1001. TABLE OF CONTENTS. technology nodes. Sec. 5302. Report on malign activity involv- The table of contents for this division is as (B) In addition to the procedures, eligi- ing Chinese state-owned enter- follows: bility, and considerations for review speci- prises. DIVISION A—CHIPS AND O-RAN 5G fied in subsection 9902(a)(2) of Public Law Sec. 5303. Report on use and applicability of EMERGENCY APPROPRIATIONS 116–283, in order to for an entity to qualify to sanctions to Chinese officials Sec. 1001. Table of contents. receive Federal financial assistance under complicit in human rights vio- Sec. 1002. Creating Helpful Incentives to this paragraph, the covered entity shall— lations and violations of United Produce Semiconductors (i)(I) provide equipment or materials for States sanctions with respect (CHIPS) for America Fund. the fabrication, assembly, testing, or ad- to Hong Kong. Sec. 1003. Appropriations for wireless supply vanced packaging of semiconductors at ma- Sec. 5304. Report on domestic shortfalls of chain innovation. ture technology nodes in the United States; industrial resources, materials, SEC. 1002. CREATING HELPFUL INCENTIVES TO or and critical technology items PRODUCE SEMICONDUCTORS (II) fabricate, assemble using advanced essential to the national de- (CHIPS) FOR AMERICA FUND. packaging, or test semiconductors at mature fense. (a) CHIPS FOR AMERICA FUND.— technology nodes in the United States; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2586 CONGRESSIONAL RECORD — SENATE May 18, 2021 (ii) commit to using any Federal financial available under subsection (a)(2) that are account, program element, and project pur- assistance received under this section to in- less than the full amount appropriated under suant to title 31, United States Code. crease the production of semiconductors at that subsection, the difference between the (c) CHIPS FOR AMERICA INTERNATIONAL mature technology nodes. amount appropriated and the alternate allo- TECHNOLOGY SECURITY AND INNOVATION (C) ln addition to the considerations de- cation shall be allocated by the President FUND.— scribed in subsection 9902(a)(2)(C) of Public and apportioned and allotted by account, (1) ESTABLISHMENT.—There is established Law 116–283, in granting Federal financial as- program, and project pursuant to title 31, in the Treasury of the United States a fund sistance under this paragraph, the Secretary United States Code. to be known as the ‘‘Creating Helpful Incen- may consider whether a covered entity pro- (b) CHIPS FOR AMERICA DEFENSE FUND.— tives to Produce Semiconductors (CHIPS) for duces or supplies equipment or materials (1) ESTABLISHMENT.—There is established America International Technology Security used in the fabrication, assembly, testing, or in the Treasury of the United States a fund and Innovation Fund’’ (referred to in this advanced packaging of semiconductors at to be known as the ‘‘Creating Helpful Incen- subsection as the ‘‘Fund’’) to provide for mature technology nodes that are necessary tives to Produce Semiconductors (CHIPS) for international information and communica- to support a critical manufacturing indus- America Defense Fund’’ (referred to in this tions technology security and semiconductor try. subsection as the ‘‘Fund’’) to provide for resupply chain activities, including to support (D) ln awarding Federal financial assist- search, development, test and evaluation, the development and adoption of secure and ance to covered entities under this para- workforce development, and other require- trusted telecommunications technologies, graph, the Secretary shall give priority to ments that are unique to the Department of secure semiconductors, secure semiconduc- covered entities that support the resiliency Defense and the intelligence community, in- tors supply chains, and other emerging tech- of semiconductor supply chains for critical cluding those requirements that are nec- nologies and to carry out sections 9905 and manufacturing industries in the United essary to carry out section 9903(b) of the Wil- 9202(a)(2) of the William M. (Mac) Thorn- States. liam M. (Mac) Thornberry National Defense berry National Defense Authorization Act (E) In this paragraph, the term ‘‘critical Authorization Act for Fiscal Year 2021 (Pub- for Fiscal Year 2021 (Public Law 116–283), as manufacturing industry’’— lic Law 116–283). Amounts in the Fund shall appropriate. Amounts in the Fund shall be (i) means an industry that is assigned a be transferred to and merged with accounts transferred by the Secretary of State to ac- North American Industry Classification Sys- within the Department of Defense to be used counts within the Department of State, the tem code beginning with 31, 32, or 33, and for for such purposes. Amounts in the Fund or United States Agency for International De- which the industry components that are as- transferred to and merged with accounts velopment, the Export-Import Bank, and the signed a North American Industry Classifica- within the Department of Defense may not United States International Development Fi- tion System code beginning with the same 4 be used for construction of facilities. nance Corporation, as appropriate, to be used digits as the industry— (2) APPROPRIATION.—In addition to for such purposes and under the terms and (I) manufacture primary products and amounts otherwise available for such pur- conditions of the account to which trans- parts, the sum of which account for not less poses, there is appropriated to the Fund es- ferred. than 5 percent of the manufacturing value tablished in subsection (b)(1), out of amounts (2) APPROPRIATION.— added by industry gross domestic product of in the Treasury not otherwise appropriated— (A) In addition to amounts otherwise avail- the United States; and (A) for fiscal year 2022, $400,000,000, to re- able for such purposes, there is appropriated (II) employ individuals for primary prod- main available until September 30, 2022; to the Fund established in subsection (c)(1), ucts and parts manufacturing activities (B) for fiscal year 2023, $400,000,000, to re- out of amounts in the Treasury not other- that, combined, account for not less than 5 main available until September 30, 2023; wise appropriated— percent of manufacturing employment in the (C) for fiscal year 2024, $400,000,000, to re- (i) for fiscal year 2022, $100,000,000, to re- United States; and main available until September 30, 2024; main available until September 30, 2026; (ii) may include any other manufacturing (D) for fiscal year 2025, $400,000,000, to re- (ii) for fiscal year 2023, $100,000,000, to re- industry designated by the Secretary based main available until September 30, 2025; and main available until September 30, 2027; on the relevance of the manufacturing indus- (E) for fiscal year 2026, $400,000,000, to re- (iii) for fiscal year 2024, $100,000,000, to re- try to the national and economic security of main available until September 30, 2026. main available until September 30, 2028; the United States, including the impacts of (3) ALLOCATION AUTHORITY.— (iv) for fiscal year 2025, $100,000,000, to re- job losses. (A) SUBMISSION OF COST ESTIMATES.—The main available until September 30, 2029; and (F) In this paragraph, the term ‘‘mature President shall submit to Congress detailed (v) for fiscal year 2026, $100,000,000, to re- technology node’’ has the meaning given the account, program element, and project allo- main available until September 30, 2030. term by the Secretary of Commerce. cations of the full amount made available (B) In carrying out this subsection, the (4) ALLOCATION AUTHORITY.— under subsection (b)(2)— Secretary of State may use up to $5,000,000 of (A) SUBMISSION OF COST ESTIMATES.—The (i) for fiscal year 2022, not later than 90 the amounts made available in each fiscal President shall submit to Congress detailed days after the date of enactment of this Act; year for the Fund for salaries and expenses, account, program, and project allocations of and administration, and oversight purposes, of the full amount made available under sub- (ii) for each fiscal year through 2026, as which $500,000 in each of fiscal years 2022 section (a)(2)— part of the annual budget submission of the through 2026 shall be transferred to the Of- (i) for fiscal year 2022, not later than 90 President under section 1105(a) of title 31, fice of Inspector General of the Department days after the date of enactment of this Act; United States Code. of State to oversee expenditures under the and (B) ALTERNATE ALLOCATION.— Fund. (ii) for each fiscal year through 2026, as (i) IN GENERAL.—The Committees on Ap- (3) ALLOCATION AUTHORITY.— part of the annual budget submission of the propriations of the House of Representatives (A) SUBMISSION OF COST ESTIMATES.—The President under section 1105(a) of title 31, and the Senate may provide for alternate al- President shall submit to Congress detailed United States Code. location of amounts made available under account, program, project, and activity allo- (B) ALTERNATE ALLOCATION.— subsection (b)(2), including by account, pro- cations of the full amount made available (i) IN GENERAL.—The Committees on Ap- gram element, and project. under subsection (c)(2)— propriations of the House of Representatives (ii) ALLOCATION BY PRESIDENT.— (i) for fiscal year 2022, not later than 90 and the Senate may provide for alternate al- (I) NO ALTERNATE ALLOCATIONS.—If Con- days after the date of enactment of this Act; location of amounts made available under gress has not enacted legislation estab- and subsection (a)(2), including by account, pro- lishing alternate allocations, including by (ii) for each fiscal year through 2026, as gram, and project. account, program element, and project, by part of the annual budget submission of the (ii) ALLOCATION BY PRESIDENT.— the date on which the Act making full-year President under section 1105(a) of title 31, (I) NO ALTERNATE ALLOCATIONS.—If Con- appropriations for the Department of De- United States Code. gress has not enacted legislation estab- fense for the applicable fiscal year is enacted (B) ALTERNATE ALLOCATION.— lishing alternate allocations, including by into law, only then shall amounts made (i) IN GENERAL.—The Committees on Ap- account, program, and project, by the date available under subsection (b)(2) be allocated propriations of the House of Representatives on which the Act making full-year appro- by the President or apportioned or allotted and the Senate may provide for alternate al- priations for the Department of Commerce, by account, program element, and project location of amounts made available under Justice, Science, and Related Agencies for pursuant to title 31, United States Code. subsection (c)(2), including by account, pro- the applicable fiscal year is enacted into law, (II) INSUFFICIENT ALTERNATE ALLOCATION.— gram, project, and activity. only then shall amounts made available If Congress enacts legislation establishing (ii) ALLOCATION BY PRESIDENT.— under subsection (a)(2) be allocated by the alternate allocations, including by account, (I) NO ALTERNATE ALLOCATIONS.—If Con- President or apportioned or allotted by ac- program element, and project, for amounts gress has not enacted legislation estab- count, program, and project pursuant to title made available under subsection (b)(2) that lishing alternate allocations, including by 31, United States Code. are less than the full amount appropriated account, program, project, and activity, by (II) INSUFFICIENT ALTERNATE ALLOCATION.— under that subsection, the difference be- the date on which the Act making full-year If Congress enacts legislation establishing tween the amount appropriated and the al- appropriations for the Department of State, alternate allocations, including by account, ternate allocation shall be allocated by the Foreign Operations, and Related Programs program, and project, for amounts made President and apportioned and allotted by for the applicable fiscal year is enacted into

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2587 law, only then shall amounts made available and the Senate may provide for alternate al- Sec. 2117. Authorization of appropriations under subsection (c)(2) be allocated by the location of amounts recommended for alloca- for the Department of Energy. President or apportioned or allotted by action in a given fiscal year from amounts TITLE II—NSF RESEARCH, STEM, AND count, program, project, and activity pursu- made available under subsection (a), includ- GEOGRAPHIC DIVERSITY INITIATIVES ant to title 31, United States Code. ing by account, program, and project. Sec. 2201. Chief Diversity Officer of the NSF. (II) INSUFFICIENT ALTERNATE ALLOCATION.— (B) ALLOCATION BY PRESIDENT.— Sec. 2202. Programs to address the STEM If Congress enacts legislation establishing (i) NO ALTERNATE ALLOCATIONS.—If Con- workforce. alternate allocations, including by account, gress has not enacted legislation estab- Sec. 2203. Emerging research institution program, project, and activity, for amounts lishing alternate allocations, including by pilot program. made available under subsection (c)(2) that account, program, and project, by the date Sec. 2204. Personnel management authori- are less than the full amount appropriated on which the Act making full-year appro- ties for the Foundation. under that subsection, the difference be- priations for the Departments of Commerce Sec. 2205. Advanced Technological Manufac- tween the amount appropriated and the al- and Justice, Science, and Related Agencies turing Act. ternate allocation shall be allocated by the for the applicable fiscal year is enacted into Sec. 2206. Intramural emerging institutions President and apportioned and allotted by law, only then shall amounts recommended pilot program. account, program, project, and activity pur- for allocation for that fiscal year from Sec. 2207. Public-private partnerships. suant to title 31, United States Code. amounts made available under subsection (a) Sec. 2208. AI Scholarship-for-Service Act. (d) SEQUESTRATION.—Section 255(g)(1)(A) of be allocated by the President or apportioned Sec. 2209. Geographic diversity. the Balanced Budget and Emergency Deficit or allotted by account, program, and project Sec. 2210. Rural STEM Education Act. Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is pursuant to title 31, United States Code. Sec. 2211. Quantum Network Infrastructure amended by inserting after ‘‘Continuing (ii) INSUFFICIENT ALTERNATE ALLOCATION.— and Workforce Development Fund, Southwestern Power Administration If Congress enacts legislation establishing Act. (89–5649–0–2–271).’’ the following: alternate allocations, including by account, Sec. 2212. Supporting Early-Career Re- ‘‘Creating Helpful Incentives to Produce program, and project, for amounts rec- searchers Act. Semiconductors (CHIPS) for America Fund. ommended for allocation in a given fiscal Sec. 2213. Advancing Precision Agriculture ‘‘Creating Helpful Incentives to Produce year from amounts made available under Capabilities Act. Semiconductors (CHIPS) for America De- subsection (a) that are less than the full Sec. 2214. Critical minerals mining research. fense Fund. amount recommended for allocation for that Sec. 2215. Caregiver policies. ‘‘Creating Helpful Incentives to Produce fiscal year, the difference between the Sec. 2216. Presidential awards. Semiconductors (CHIPS) for America Inter- amount recommended for allocation and the Sec. 2217. Bioeconomy Research and Devel- national Technology Security and Innova- alternate allocation shall be allocated by the opment Act of 2021. tion Fund.’’. President and apportioned and allotted by Sec. 2218. Microgravity utilization policy. (e) EMERGENCY DESIGNATION.— account, program, and project pursuant to TITLE III—RESEARCH SECURITY (1) IN GENERAL.—The amounts provided title 31, United States Code. Sec. 2301. National Science Foundation re- under this section are designated as an emer- (d) SEQUESTRATION.—Section 255(g)(1)(A) of search security. gency requirement pursuant to section 4(g) the Balanced Budget and Emergency Deficit Sec. 2302. Research security and integrity of the Statutory Pay-As-You-Go Act of 2010 Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is information sharing analysis (2 U.S.C. 933(g)). amended by inserting after ‘‘Postal Service organization. (2) DESIGNATION IN SENATE.—In the Senate, Fund (18–4020–0–3–372).’’ the following: Sec. 2303. Foreign government talent re- this section is designated as an emergency ‘‘Public Wireless Supply Chain Innovation cruitment program prohibition. requirement pursuant to section 4112(a) of H. Fund.’’. Sec. 2304. Additional requirements for Direc- Con. Res. 71 (115th Congress), the concurrent (e) EMERGENCY DESIGNATION.— torate research security. resolution on the budget for fiscal year 2018. (1) IN GENERAL.—The amounts provided Sec. 2305. Protecting research from cyber SEC. 1003. APPROPRIATIONS FOR WIRELESS SUP- under this section are designated as an emer- theft. PLY CHAIN INNOVATION. gency requirement pursuant to section 4(g) Sec. 2306. International standards develop- (a) DIRECT APPROPRIATIONS.—In addition to of the Statutory Pay-As-You-Go Act of 2010 ment. amounts otherwise available for such pur- (2 U.S.C. 933(g)). Sec. 2307. Research funds accounting. poses, there is appropriated to the Public (2) DESIGNATION IN SENATE.—In the Senate, Sec. 2308. Plan with respect to sensitive or Wireless Supply Chain Innovation Fund es- this section is designated as an emergency controlled information and tablished under section 9202(a)(1) of the Wil- requirement pursuant to section 4112(a) of H. background screening. liam M. (Mac) Thornberry National Defense Con. Res. 71 (115th Congress), the concurrent TITLE IV—REGIONAL INNOVATION Authorization Act for Fiscal Year 2021 (Pub- resolution on the budget for fiscal year 2018. lic Law 116–283), out of amounts in the Treas- CAPACITY ury not otherwise appropriated, $1,500,000,000 DIVISION B—ENDLESS FRONTIER ACT Sec. 2401. Regional technology hubs. for fiscal year 2022, to remain available SEC. 2001. SHORT TITLE; TABLE OF CONTENTS. Sec. 2402. Manufacturing USA Program. through September 30, 2031. (a) SHORT TITLE.—This division may be Sec. 2403. Establishment of expansion (b) USE OF FUNDS, ADMINISTRATION, AND cited as the ‘‘Endless Frontier Act’’. awards program in Hollings OVERSIGHT.—Of the amounts made available (b) TABLE OF CONTENTS.—The table of con- Manufacturing Extension Part- under subsection (a)— tents of this division is as follows: nership and authorization of ap- (1) not more than 5 percent of the amounts DIVISION B—ENDLESS FRONTIER ACT propriations for the Partner- ship. allocated pursuant to subsection (c) in a Sec. 2001. Short title; table of contents. Sec. 2404. National Manufacturing Advisory given fiscal year may be used by the Assist- Sec. 2002. Definitions. ant Secretary of Commerce for Communica- Sec. 2003. Sense of Congress. Council. tions and Information to administer the pro- Sec. 2004. Interagency working group. TITLE V—MISCELLANEOUS grams funded from the Public Wireless Sup- Sec. 2005. Key technology focus areas. Sec. 2501. Strategy and report on economic ply Chain Innovation Fund; and TITLE I—NSF TECHNOLOGY AND security, science, research, and (2) not less than $2,000,000 per fiscal year INNOVATION innovation to support the na- shall be transferred to the Office of Inspector tional security strategy. General of the Department of Commerce for Sec. 2101. Definitions. Sec. 2102. Directorate establishment and Sec. 2502. Person or entity of concern prohi- oversight related to activities conducted purpose. bition. using amounts provided under this section. Sec. 2103. Personnel management. Sec. 2503. Study on emerging science and (c) ALLOCATION AUTHORITY.— Sec. 2104. Innovation centers. technology challenges faced by (1) SUBMISSION OF COST ESTIMATES.—The Sec. 2105. Transition of NSF programs. the United States and rec- President shall submit to Congress detailed Sec. 2106. Providing scholarships, fellow- ommendations to address them. account, program, and project allocations of ships, and other student sup- Sec. 2504. Report on global semiconductor the amount recommended for allocation in a port. shortage. fiscal year from amounts made available Sec. 2107. Research and development. Sec. 2505. Supply chain resiliency program. under subsection (a)— Sec. 2108. Test beds. Sec. 2506. Semiconductor incentives. (A) for fiscal year 2022, not later than 90 Sec. 2109. Academic technology transfer. Sec. 2507. Research Investment to Spark the days after the date of enactment of this Act; Sec. 2110. Capacity-building program for de- Economy Act. and veloping universities. Sec. 2508. Office of Manufacturing and Indus- (B) for each subsequent fiscal year through Sec. 2111. Technical assistance. trial Innovation Policy. 2031, as part of the annual budget submission Sec. 2112. Coordination of activities. Sec. 2509. Telecommunications Workforce of the President under section 1105(a) of title Sec. 2113. Reporting requirements. Training Grant Program. 31, United States Code. Sec. 2114. Hands-on learning program. Sec. 2510. Country Of Origin Labeling Online (2) ALTERNATE ALLOCATION.— Sec. 2115. Intellectual property protection. Act. (A) IN GENERAL.—The Committees on Ap- Sec. 2116. Authorization of appropriations Sec. 2511. Country of origin labeling for king propriations of the House of Representatives for the Foundation. crab and tanner crab.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0655 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2588 CONGRESSIONAL RECORD — SENATE May 18, 2021 Sec. 2512. Internet exchanges and submarine Sec. 2628. Stepping stone approach to explo- Sec. 2678. Consideration of issues related to cables. ration. contracting with entities re- Sec. 2513. Study of sister city partnerships Sec. 2629. Technical amendments relating to ceiving assistance from or af- operating within the United Artemis missions. filiated with the People’s Re- States involving foreign com- PART III—SCIENCE public of China. Sec. 2679. Small satellite launch services munities in countries with sig- Sec. 2631. Science priorities. nificant public sector corrup- Sec. 2632. Lunar discovery program. program. Sec. 2680. 21st century space launch infra- tion. Sec. 2633. Search for life. Sec. 2514. Prohibition on transfer, assign- Sec. 2634. James Webb Space Telescope. structure. Sec. 2681. Missions of national need. ment, or disposition of con- Sec. 2635. Nancy Grace Roman Space Tele- Sec. 2682. Drinking water well replacement struction permits and station scope. licenses to entities subject to for Chincoteague, Virginia. Sec. 2636. Study on satellite servicing for Sec. 2683. Passenger carrier use. undue influence by the Chinese science missions. Communist Party or the Gov- Sec. 2684. Use of commercial near-space bal- Sec. 2637. Earth science missions and pro- loons. ernment of the People’s Repub- grams. lic of China. Sec. 2685. President’s Space Advisory Board. Sec. 2638. Life science and physical science Sec. 2686. Initiative on technologies for Sec. 2515. Limitation on nuclear cooperation research. with the People’s Republic of noise and emissions reductions. Sec. 2639. Science missions to Mars. Sec. 2687. Remediation of sites contami- China. Sec. 2640. Planetary Defense Coordination Sec. 2516. Certification. nated with trichloroethylene. Office. Sec. 2688. Review on preference for domestic Sec. 2517. Fairness and due process in stand- Sec. 2641. Suborbital science flights. ards-setting bodies. suppliers. Sec. 2642. Earth science data and observa- Sec. 2689. Report on use of commercial Sec. 2518. Shark fin sales elimination. tions. Sec. 2519. Sense of Congress on forced labor. spaceports licensed by the Fed- Sec. 2643. Sense of Congress on small sat- eral Aviation Administration. Sec. 2520. Open network architecture. ellite science. Sec. 2521. Combatting sexual harassment in Sec. 2690. Active orbital debris mitigation. Sec. 2644. Sense of Congress on commercial Sec. 2691. Study on commercial communica- science. space services. Sec. 2522. National Science Corps. tions services. Sec. 2645. Procedures for identifying and ad- SEC. 2002. DEFINITIONS. Sec. 2523. Annual report on foreign research. dressing alleged violations of Sec. 2524. Accelerating Unmanned Maritime Unless otherwise specified, in this division: scientific integrity policy. Systems Research. (1) APPRENTICESHIP.—The term ‘‘appren- Sec. 2525. Foundation funding to institu- PART IV—AERONAUTICS ticeship’’ means an apprenticeship registered tions hosting or supporting con- Sec. 2646. Short title. under the Act of August 16, 1937 (commonly fucius institutes. Sec. 2647. Definitions. known as the ‘‘National Apprenticeship Sec. 2526. Supporting documents. Sec. 2648. Experimental aircraft projects. Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et Sec. 2527. BASIC Research. Sec. 2649. Unmanned aircraft systems. seq.) that meets the standards of subpart A TITLE VI—SPACE MATTERS Sec. 2650. 21st Century Aeronautics Capabili- of part 29 and part 30 of title 29, Code of Fed- ties Initiative. Subtitle A—SPACE Act eral Regulations. Sec. 2651. Sense of Congress on on-demand (2) DIRECTOR.—The term ‘‘Director’’ means Sec. 2601. Short title. air transportation. the Director of the National Science Founda- Sec. 2602. Sense of Congress. Sec. 2652. Sense of Congress on hypersonic tion. Sec. 2603. Definitions. technology research. (3) DIRECTORATE.—The term ‘‘Directorate’’ Sec. 2604. Space situational awareness data, means the Directorate for Technology and information, and services: pro- PART V—SPACE TECHNOLOGY Innovation established under section 2102. vision to non-United States Sec. 2653. Space Technology Mission Direc- (4) EMERGING RESEARCH INSTITUTION.—The Government entities. torate. Sec. 2605. Centers of Excellence for Space Sec. 2654. Flight opportunities program. term ‘‘emerging research institution’’ means Situational Awareness. Sec. 2655. Small Spacecraft Technology Pro- an institution of higher education with an established undergraduate or graduate pro- Subtitle B—National Aeronautics and Space gram. Sec. 2656. Nuclear propulsion technology. gram that has, on average for the 3 years Administration Authorization Act Sec. 2657. Mars-forward technologies. prior to an application for an award under Sec. 2611. Short title. Sec. 2658. Prioritization of low-enriched ura- this division, received less than $50,000,000 in Sec. 2612. Definitions. nium technology. Federal research funding. PART I—AUTHORIZATION OF APPROPRIATIONS Sec. 2659. Sense of Congress on next-genera- (5) EPSCOR.—The term ‘‘EPSCoR’’ means Sec. 2613. Authorization of appropriations. tion communications tech- the Established Program to Stimulate Com- PART II—HUMAN SPACEFLIGHT AND nology. petitive Research under section 113 of the Sec. 2660. Lunar surface technologies. EXPLORATION National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g). Sec. 2614. Competitiveness within the PART VI—STEM ENGAGEMENT (6) FOUNDATION.—The term ‘‘Foundation’’ human landing system pro- Sec. 2661. Sense of Congress. means the National Science Foundation. gram. Sec. 2662. STEM education engagement ac- (7) HISTORICALLY BLACK COLLEGE OR UNI- Sec. 2615. Space launch system configura- tivities. VERSITY.—The term ‘‘historically Black col- tions. Sec. 2663. Skilled technical education out- lege or university’’ has the meaning given Sec. 2616. Advanced spacesuits. reach program. the term ‘‘part B institution’’ in section 322 Sec. 2617. Acquisition of domestic space PART VII—WORKFORCE AND INDUSTRIAL BASE transportation and logistics re- of the Higher Education Act of 1965 (20 U.S.C. Sec. 2665. Appointment and compensation 1061). supply services. pilot program. Sec. 2618. Rocket engine test infrastructure. (8) INSTITUTION OF HIGHER EDUCATION.—The Sec. 2666. Establishment of multi-institu- Sec. 2619. Pearl River maintenance. term ‘‘institution of higher education’’ has tion consortia. Sec. 2620. Value of International Space Sta- the meaning given the term in section 101 of Sec. 2667. Expedited access to technical tal- tion and capabilities in low- the Higher Education Act of 1965 (20 U.S.C. ent and expertise. Earth orbit. 1001). Sec. 2668. Report on industrial base for civil Sec. 2621. Extension and modification relat- (9) KEY TECHNOLOGY FOCUS AREAS.—The space missions and operations. ing to International Space Sta- term ‘‘key technology focus areas’’ means Sec. 2669. Separations and retirement incen- tion. the areas included on the most recent list tives. Sec. 2622. Department of Defense activities under section 2005. Sec. 2670. Confidentiality of medical quality on International Space Station. (10) MINORITY-SERVING INSTITUTION.—The assurance records. Sec. 2623. Commercial development in low- term ‘‘minority-serving institution’’ means Earth orbit. PART VIII—MISCELLANEOUS PROVISIONS an institution described in section 371(a) of Sec. 2624. Maintaining a national laboratory Sec. 2671. Contracting authority. the Higher Education Act of 1965 (20 U.S.C. in space. Sec. 2672. Authority for transaction proto- 1067q(a)). Sec. 2625. International Space Station na- type projects and follow-on pro- (11) NATIONAL LABORATORY.—The term tional laboratory; property duction contracts. ‘‘National Laboratory’’, without respect to rights in inventions. Sec. 2673. Protection of data and informa- capitalization, has the meaning given the Sec. 2626. Data first produced during non- tion from public disclosure. term in section 2 of the Energy Policy Act of NASA scientific use of the ISS Sec. 2674. Physical security modernization. 2005 (42 U.S.C. 15801). national laboratory. Sec. 2675. Lease of non-excess property. (12) STEM.—The term ‘‘STEM’’ means the Sec. 2627. Payments received for commercial Sec. 2676. Cybersecurity. academic and professional disciplines of space-enabled production on Sec. 2677. Limitation on cooperation with science, technology, engineering, and mathe- the ISS. the People’s Republic of China. matics, including computer science.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2589 SEC. 2003. SENSE OF CONGRESS. (2) the activities of the Department of with the interagency working group estab- It is the sense of Congress that— Commerce under this division, including relished under section 2004 and in consultation (1) the National Science Foundation, the gional technology hubs under section 28 of with the Director of National Intelligence Department of Energy and its National Lab- the Stevenson-Wydler Act of 1980 (15 U.S.C. and the Director of the Federal Bureau of In- oratories, and other key Federal agencies 13701 et seq.), as added by section 2401 of this vestigation, shall annually review, and up- have carried out vital work supporting basic division, the Manufacturing USA Program date as required, the list of key technology and applied research to create knowledge established under section 34(b)(1) of the Na- focus areas for purposes of this division. that is a key driver of the economy of the tional Institute of Standards and Technology (b) ANNUAL REVIEW.—As part of the annual United States and a critical component of Act (15 U.S.C. 278s(b)(1)), and the Hollings review and update process required by sec- national security; Manufacturing Extension Partnership; tion 2005(a)(2), the Director of the National (2) openness to diverse perspectives and a (3) the activities of the Department of En- Science Foundation and the Secretary of En- focus on freedom from censorship and polit- ergy in the key technology focus areas, in- ergy, in coordination with the interagency ical bias will continue to make educational cluding at the national laboratories, and at working group established under section and research institutions in the United Federal laboratories, as defined in section 4 2004— States beacons to thousands of students of the Stevenson-Wydler Technology Innova- (1) shall consider input from relevant in- from across the world; tion Act of 1980 (15 U.S.C. 3703), and facilities dustries; (3) increasing research and technology and user facilities operated in partnership (2) may consider the challenges and rec- transfer investments, building regional ca- with such national laboratories or the De- ommendations identified in the report re- pacity and reducing geographic disparity, partment of Energy; and quired by section 2503 and in other relevant strengthening supply chains, and increasing (4) any other program that the Director of reports, such as technology and global trend capabilities in key technology focus areas the Office of Science and Technology Policy reports from the defense and intelligence will enhance the competitive advantage and determines involves research and develop- communities; leadership of the United States in the global ment with respect to the key technology (3) shall consider the potential impact of economy; focus areas. the key technology focus areas on addressing (4) the Federal Government must utilize (d) REPORT.—The interagency working national challenges, including competitive the full talent and potential of the entire Na- group shall— and security threats to the United States tion by avoiding undue geographic con- (1) by not later than 180 days after the date and to United States industries, including centration of research and education fund- of enactment of this division— agriculture; and ing, encouraging broader participation of (A) conduct an initial review of Federal (4) subject to the limitation under sub- populations underrepresented in STEM, and programs and resources with respect to the section (c), may add or delete key tech- collaborating with non-government partners key technology focus areas identified pursu- nology focus areas in light of shifting na- to ensure the leadership of the United States ant to section 2005(a), in order to— tional needs or competitive threats to the in technological innovation; and (i) assess current level of efforts and char- United States (including for reasons of the (5) authorization and funding for invest- acterize existing research infrastructure, as United States or other countries having ad- ments in research, education, technology of the date of the review; vanced or fallen behind in a technological transfer, intellectual property, manufac- (ii) identify potential areas of overlap or area). turing, and other core strengths of the duplication with respect to the key tech- (c) LIMIT ON KEY TECHNOLOGY FOCUS United States innovation ecosystem, includ- nology focus areas; and AREAS.—Not more than 10 key technology ing at the National Science Foundation and (iii) identify potential cross-agency col- focus areas shall be included on the list of the Department of Energy, should be done on laborations and joint funding opportunities; key technology focus areas at any time. En- gineering and exploration relevant to the a bipartisan basis. and other key technology focus areas described (B) submit a report regarding the review SEC. 2004. INTERAGENCY WORKING GROUP. in this section shall be considered part of the described in subparagraph (A) to Congress; (a) ESTABLISHMENT.—The Director of the relevant key technology focus area. and Office of Science and Technology Policy, act- (d) REPORTING.—At the conclusion of the ing through the National Science and Tech- (C) seek stakeholder input and rec- annual review and update process required nology Council, shall establish or designate ommendations in the course of such review; by section 2005(a)(2), the Director and the an interagency working group to coordinate and Secretary of Energy shall deliver a report to the activities specified in subsection (c). (2) shall carry out the annual reviews and Congress detailing— (b) COMPOSITION.—The interagency work- updates required under section 2005. (1) the key technology focus areas and ra- ing group shall be composed of the following (e) CONFLICTS.—If any conflicts between tionale for their selection; members (or their designees), who may be or- Federal agencies arise while carrying out the (2) the role of the Foundation, the Depart- ganized into subcommittees, as appropriate: activities under this section, the President ment of Energy, and other Federal entities, (1) The Secretary of Commerce. shall make the final decision regarding reso- as relevant, in advancing the key technology (2) The Director of the National Science lution of the conflict. focus areas; and Foundation. SEC. 2005. KEY TECHNOLOGY FOCUS AREAS. (3) the impact, including to the academic (3) The Secretary of Energy. (a) IN GENERAL.— research community, of any changes to the (4) The Secretary of Defense. (1) INITIAL LIST.—The initial key tech- key technology focus areas. (5) The Director of the National Economic nology focus areas are: (e) DETAILED DESCRIPTION.—The National Council. (A) Artificial intelligence, machine learn- Science Foundation and the Department of (6) The Director of the Office of Manage- ing, autonomy, and related advances. Energy shall, in coordination with the Office ment and Budget. (B) High performance computing, semi- of Management and Budget, submit as part (7) The Secretary of Health and Human conductors, and advanced computer hard- of their annual budget requests to Congress, Services. ware and software. a detailed description of the activities to be (8) The Administrator of the National Aer- (C) Quantum information science and tech- funded under this division, including an ex- onautics and Space Administration. nology. planation of how the requested funding is (9) The Secretary of Agriculture. (D) Robotics, automation, and advanced complementary and not redundant of pro- (10) The Director of National Intelligence. manufacturing. grams, efforts, and infrastructure under- (11) The Director of the Federal Bureau of (E) Natural and anthropogenic disaster taken or supported by other relevant Federal Investigation. prevention or mitigation. agencies. (12) Such other Federal officials as the Di- (F) Advanced communications technology (f) NATIONAL ACADEMIES.—Not later than 5 rector of the Office of Science and Tech- and immersive technology. years after the date of enactment of this di- nology Policy considers appropriate, includ- (G) Biotechnology, medical technology, vision, the Director shall contract with the ing members of the National Science and genomics, and synthetic biology. National Academies of Sciences, Engineer- Technology Council Committee on Tech- (H) Data storage, data management, dis- ing, and Medicine to conduct a review of the nology. tributed ledger technologies, and cybersecu- key technology focus areas, including wheth- (c) COORDINATION.—The interagency work- rity, including biometrics. er Federal investment in the key technology ing group shall seek to ensure that the ac- (I) Advanced energy and industrial effi- focus areas have resulted in new domestic tivities of different Federal agencies enhance ciency technologies, such as batteries and manufacturing capacity and job creation. and complement, but, as appropriate, do not advanced nuclear technologies, including but TITLE I—NSF TECHNOLOGY AND duplicate, efforts being carried out by an- not limited to for the purposes of electric INNOVATION other Federal agency, with a focus on— generation (consistent with section 15 of the SEC. 2101. DEFINITIONS. (1) the activities of the National Science National Science Foundation Act of 1950 (42 In this title: Foundation Technology and Innovation Di- U.S.C. 1874). (1) DESIGNATED COUNTRY.— rectorate in the key technology focus areas, (J) Advanced materials science, including (A) IN GENERAL.—The term ‘‘designated such as within the innovation centers under composites and 2D materials. country’’— section 2104 and test beds under section 2108 (2) REVIEW AND UPDATES.—The Director (i) except as provided in clause (ii), under this division; and the Secretary of Energy, in coordination means—

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(I) Australia; (5) Utilizing the full potential of the (2) QUALIFICATIONS.—Each Assistant Direc- (II) Canada; United States workforce by avoiding undue tor for the Directorate shall be an indi- (III) New Zealand; geographic concentration of research and de- vidual, who by reason of professional back- (IV) the United Kingdom; velopment and education funding across the ground and experience, is specially qualified (V) the State of Israel; United States, and encouraging broader par- to advise the Foundation on all matters per- (VI) Taiwan; and ticipation in the key technology focus areas taining to research, development, and com- (VII) any other country that has been ap- by populations underrepresented in STEM. mercialization at the Foundation, including proved and designated in writing by the (6) Ensuring the programmatic work of the partnerships with the private sector and President for purposes of this division, after Directorate and Foundation incorporates a other users of Foundation funded research. providing— workforce perspective from labor organiza- (e) CONSIDERATIONS.—After completion of (aa) not less than 30 days of advance notifi- tions and workforce training organizations. the studies regarding emerging technologies cation and explanation to the relevant con- (c) ACTIVITIES.—The Directorate— conducted by the Secretary of Commerce gressional committees before the designa- (1) shall support basic and applied re- under title XV of division FF of the Consoli- tion; and search, and technology development of such dated Appropriations Act, 2021 (Public Law (bb) in-person briefings to such commit- research, including through awards to indi- 116-260), the Director shall consider the re- tees, if requested during the 30-day advance vidual researchers, entities, or consortia and sults of such studies in carrying out the ac- notification period described in item (aa); through diverse funding mechanisms and tivities of the Directorate. and models; SEC. 2103. PERSONNEL MANAGEMENT. (ii) excludes any country that takes ac- (2) shall identify and develop opportunities tions to boycott, divest from, or sanction to coordinate and collaborate on research, (a) PERSONNEL.—The Director shall estab- Israel. development, and commercialization— lish and maintain within the Directorate a (B) ACTIONS TO BOYCOTT, DIVEST FROM, OR (A) with other directorates and offices of staff with sufficient qualifications and exper- SANCTION ISRAEL.—For purposes of subpara- the Foundation; tise to enable the Directorate to carry out graph (A)(ii), the term ‘‘actions to boycott, (B) with stakeholders in academia, the pri- its responsibilities under this title. divest from, or sanction Israel’’ has the vate sector, and nonprofit entities; and (b) PROGRAM DIRECTORS.— meaning given such term in section (C) with other Federal research agencies, (1) DESIGNATION.—The Director may des- 102(b)(20)(B) of the Bipartisan Congressional as well as State and local governments; ignate employees to serve as program direc- Trade Priorities and Accountability Act of (3) shall provide awards for research and tors for the programs established within the 2015 (19 U.S.C. 4201(b)(20)(B)). development projects designed to achieve Directorate pursuant to the responsibilities (2) LABOR ORGANIZATION.—The term ‘‘labor specific technology metrics or objectives; established under paragraph (2). The Direc- organization’’ has the meaning given the (4) may support research and technology tor shall ensure that program directors— term in section 2(5) of the National Labor development infrastructure, including (A) have expertise in the key technology Relations Act (29 U.S.C. 152(5)), except that testbeds, to advance the development, oper- focus areas; and such term shall also include— ation, integration, and deployment of inno- (B) come from a variety of backgrounds, (A) any organization composed of labor or- vation; including industry, and from a variety of in- ganizations, such as a labor union federation (5) shall identify and develop opportunities stitutions of higher education. or a State or municipal labor body; and to reduce barriers for technology transfer, (2) RESPONSIBILITIES.—A program director (B) any organization which would be in- including intellectual property frameworks of a program of the Directorate shall be re- cluded in the definition for such term under between academia and industry, nonprofit sponsible for— such section 2(5) but for the fact that the or- entities, and the venture capital commu- (A) establishing research and development ganization represents— nities; goals for the program, including through the (i) individuals employed by the United (6) shall build capacity for research at in- convening of workshops and conferring with States, any wholly owned Government cor- stitutions of higher education across the outside experts and by publicizing the goals poration, any Federal Reserve Bank, or any United States; of the program to the public and private sec- State or political subdivision thereof; (7) shall partner with other directorates tors; (ii) individuals employed by persons sub- and offices of the Foundation for projects or (B) soliciting proposals from entities to ject to the Railway Labor Act (45 U.S.C. 151 research, including— conduct research in areas of particular prom- et seq.); or (A) to pursue basic questions about nat- ise within key technology focus areas, espe- (iii) individuals employed as agricultural ural, human, and physical phenomena that cially areas that the private sector or the laborers. could enable advances in the key technology Federal Government are not likely to under- (3) NATIONAL LABORATORY.—The term ‘‘Na- focus areas; take alone; tional Laboratory’’ has the meaning given (B) to study questions that could affect the (C) identifying areas for research and de- the term in section 2 of the Energy Policy design (including human interfaces), safety, velopment; Act of 2005 (42 U.S.C. 15801). security, operation, deployment, or the so- (D) building research collaborations for (4) TRIBAL COLLEGE OR UNIVERSITY.—The cial and ethical consequences of technologies carrying out the program; term ‘‘Tribal College or University’’ has the in the key technology focus areas, including (E) reviewing applications for projects to meaning given the term in section 316(b)(3) the development of technologies that com- be supported under the program, and consid- of the Higher Education Act of 1965 (20 U.S.C. plement or enhance the abilities of workers ering— 1059c(b)(3)). and impact of specific innovations on domes- (i) the novelty and scientific and technical SEC. 2102. DIRECTORATE ESTABLISHMENT AND tic jobs and equitable opportunity; and merit of the proposed projects; PURPOSE. (C) to further the creation of a domestic (ii) broader impacts criteria under section (a) ESTABLISHMENT OF DIRECTORATE FOR workforce capable of advancing, using, and 526 of the National Science Foundation Au- TECHNOLOGY AND INNOVATION.—Subject to the availability of appropriations and not adapting to key technology focus areas and thorization Act of 2010 (42 U.S.C. 1862p–14); later than 180 days after the date of enact- understanding and improving the impact of (iii) the demonstrated capabilities of the ment of this division, the Director shall es- key technology focus areas on STEM teach- applicants to successfully carry out the pro- tablish a Directorate for Technology and In- ing and learning by advancing the key tech- posed project; novation in the Foundation. nology focus areas, including engaging rel- (iv) the consideration by the applicant of (b) PURPOSES.—The Directorate shall fur- evant partners in research and innovation future commercial applications of the ther the following purposes: programs; project, including the feasibility of (1) Strengthening the leadership of the (8) may make awards under the SBIR and partnering with 1 or more commercial enti- United States in critical technologies, in- STTR programs (as defined in section 9(e) of ties; and cluding as relevant to the critical national the Small Business Act (15 U.S.C. 638(e)); and (v) such other criteria as are established by needs described in section 7018 of the Amer- (9) may enter into and perform such con- the Director; and ica COMPETES Act (42 U.S.C. 1862o–5). tracts, make such financial assistance (F) monitoring the progress of projects (2) Addressing and mitigating technology awards, carry out such other transactions, or supported under the program and recom- challenges integral to the geostrategic posi- make such other arrangements, or modifica- mending program restructure or termi- tion of the United States through the activi- tions thereof, as may be necessary in the nation, as needed. ties authorized by this title. conduct of the work of the Directorate and (3) TERMS.—Program directors of the Di- (3) Enhancing the competitiveness of the on such terms as the Director considers ap- rectorate may be appointed by the Director United States by improving education in the propriate, in furtherance of the purposes of for a limited term, renewable at the discre- key technology focus areas and attracting this title. tion of the Director. more students to such areas at all levels of (d) ASSISTANT DIRECTOR.— (c) SELECTION CRITERIA AND REPORT.— education. (1) APPOINTMENT.—The Director shall ap- (1) PEER REVIEW.—The Directorate may use (4) Accelerating the translation and devel- point an Assistant Director for the Direc- a peer review process to inform the selection opment of scientific advances in the key torate, in the same manner as other Assist- of award recipients. technology focus areas into processes and ant Directors of the Foundation are ap- (2) REPORT.—Not later than 18 months products in the United States. pointed. after the establishment of the Directorate,

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Innovation Act of 1980 (15 U.S.C. 3703); (d) RULE OF CONSTRUCTION.—Nothing in (5) REQUIREMENTS.— (VI) Federal research facilities; this section shall be construed to modify the (A) IN GENERAL.—The Director shall ensure (VII) labor organizations; authority of the Director or the National that any eligible entity receiving an award (VIII) entities described in subparagraph Science Board with respect to the selection under this subsection has— (A) or (B) from allied or partner countries; of recipients for funding from the Founda- (i) the capacity or the ability to acquire (IX) other entities if determined by the Di- tion. the capacity to advance the purposes de- rector to be vital to the success of the pro- SEC. 2104. INNOVATION CENTERS. scribed in section 2102(b); and gram; (a) UNIVERSITY TECHNOLOGY CENTER PRO- (ii) secured contributions for establishing (X) binational research and development GRAM.— the university technology center under this foundations and funds, excluding foreign en- (1) IN GENERAL.—From amounts made subsection from industry or other non-Fed- tities of concern, as defined in section 2307; available to the Directorate, the Director eral organizations in an amount not less and shall establish a program in the Directorate than 10 percent of the total amount of the (XI) Engineer Research and Development to make awards, through a competitive se- award the eligible entity would receive Center laboratories of the Army Corps of En- lection process, to eligible entities to estab- under this subsection. gineers. lish university technology centers. (B) CONSORTIUM ELIGIBILITY.—To be eligible (b) INNOVATION INSTITUTE.— (2) PURPOSE.—The purpose of the univer- to receive an award for the establishment (1) IN GENERAL.—The Director shall estab- sity technology centers shall be to— and operation of a university technology lish innovation institutes to further the re- (A) conduct multi-disciplinary, collabo- center, a consortium shall be composed of search, development, and commercialization rative basic and applied research, relevant to not fewer than 2 entities as described in of innovation in the key technology focus at least one of the key technology focus paragraph (7)(C) and operate subject to a areas. areas; binding agreement, entered into by each (2) PARTNERSHIPS.— (B) leverage the expertise of multi-discipli- member of the consortium, that documents— (A) IN GENERAL.—Each innovation institute nary and multi-sector partners, including (i) the proposed partnership agreement, in- shall be comprised of a partnership including partners from private industry; cluding the governance and management 2 or more of the following entities: (C) further the development, deployment, structure of the university technology cen- (i) An institution of higher education. and commercialization of innovations, inter; (ii) A for-profit company. cluding inventions, in the key technology (ii) measures the consortium will under- (iii) A nonprofit organization. focus areas, including those derived from the take to enable cost-effective implementation (iv) A Federal agency. activities of the university technology cen- of activities under paragraph (3); (v) Another entity, if that entity is deter- ter; and (iii) a proposed budget, including financial mined by the Director to be vital to the suc- (D) support the development of scientific, contributions from non-Federal sources; and cess of the program. innovation, entrepreneurial, and educational (iv) the plan for ownership and use of any (B) CO-EQUAL.—Each entity comprising the capacity within the region of the university intellectual property developed by the cen- institute shall, to the extent practicable, technology center. ter. work as co-equal partners in terms of fund- (3) USE OF FUNDS.—University technology (6) SUPPORT OF REGIONAL TECHNOLOGY ing and research efforts in support of the in- centers established under this subsection HUBS.—Each university technology center es- stitute. may use support provided— tablished under this subsection may support (C) INSTITUTIONAL OR ORGANIZATIONAL (A) to carry out research to advance inno- and participate in, as appropriate, the activi- LEVEL.—The Director shall work to ensure vation in the key technology focus areas; ties of any regional technology hub des- that such partnerships exist at the institu- (B) for technology development activities ignated under section 28 of the Stevenson- tional or organization level, rather than such as proof-of-concept development, proto- Wydler Technology Innovation Act of 1980 (15 solely at the principal investigator level. typing, design modification, experimental U.S.C. 3701 et seq.), as added by section 2401 (3) COST SHARE.—To the extent practicable, development, and other actions to reduce the of this division. not less than half of the funding for an insti- cost, time, and risk of commercializing new (7) ELIGIBLE ENTITY.—In this subsection, tute shall be provided by non-Federal enti- technologies; the term ‘‘eligible entity’’ means— ties. (C) for the costs of equipment and (A) an individual institution of higher edu- (c) NUMBER OF CENTERS AND INSTITUTES ES- cyberinfrastructure; cation; TABLISHED.—The Director shall endeavor to (D) for the costs associated with tech- (B) a nonprofit entity; or establish a balance in the number of univer- nology transfer and commercialization, in- (C) a consortium that— sity technology centers and innovation insti- cluding patenting and licensing; or (i) shall include and be led by an institu- tutes. (E) for operations and staff. tion of higher education or by a nonprofit SEC. 2105. TRANSITION OF NSF PROGRAMS. (4) SELECTION PROCESS.—In selecting recipi- entity, designed to support technology devel- ents under this subsection, the Director shall opment; The Director may transition the manage- consider, in addition to the scientific and (ii) shall include 1 or more institution that ment of existing programs of the National technical merit of the proposal— is— Science Foundation that conduct activities (A) maximizing regional and geographic di- (I) a historically Black college or univer- in addition to basic research to the Direc- versity of the university technology centers, sity; torate, including— including by considering rural-serving insti- (II) a Tribal College or University; (1) Convergence Accelerator; tutions of higher education (as defined in (III) a minority-serving institution (or an (2) Industry-University Cooperative Re- section 861(b) of the Higher Education Act of institution of higher education with an es- search Centers; 1965 (20 U.S.C. 1161a(b)); tablished STEM capacity building program (3) National AI Research Institutes; (B) the extent to which the applicant’s pro- focused on traditionally underrepresented (4) Innovation Corps (I-Corps), as described posal would broaden participation by popu- populations in STEM, including Native Ha- in section 601 of the American Innovation lations underrepresented in STEM; waiians, Alaska Natives, and Indians); and Competitiveness Act (42 U.S.C. 1862s-8); (C) the capacity of the applicant to engage (IV) an institution that participates in the and industry, labor, and other appropriate orga- Established Program to Stimulate Competi- (5) any other programs that the Director nizations and, where applicable, contribute tive Research under section 113 of the Na- considers appropriate. to growth in domestic manufacturing capac- tional Science Foundation Authorization SEC. 2106. PROVIDING SCHOLARSHIPS, FELLOW- ity and job creation; Act of 1988 (42 U.S.C. 1862g); SHIPS, AND OTHER STUDENT SUP- (D) in the case of a consortium, the extent (V) an emerging research institution; or PORT. to which the proposal includes institutions (VI) a community college; and (a) IN GENERAL.—The Director, acting listed in paragraph (7)(C)(ii); (iii) may include 1 or more— through the Directorate, shall fund under- (E) the amount of funds from industry or- (I) additional entities described in subpara- graduate scholarships (including at commu- ganizations described in paragraph (5)(A)(ii) graph (A) or (B); nity colleges), graduate fellowships and the applicant would use towards establishing (II) industry entities, including startups, traineeships, and postdoctoral awards in the the university technology center; small businesses, and public-private partner- key technology focus areas. (F) the plan and capability of the applicant ships; (b) IMPLEMENTATION.—The Director may to take measures to prevent the inappro- (III) economic development organizations carry out subsection (a) by making awards— priate use of the research and technology of or venture development organizations, as (1) directly to students; and the center, including research results, data, such terms are defined in section 28(a) of the (2) to institutions of higher education or and intellectual property, as appropriate and Stevenson-Wydler Technology Innovation consortia of institutions of higher education,

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The proposal (c) BROADENING PARTICIPATION.—In car- (a) IN GENERAL.—From amounts made shall, at a minimum, describe— rying out this section, the Director shall available for the Directorate, the Director (1)(A) the technology or technologies that take steps to increase the participation of shall make awards, on a competitive basis, will be the focus of the test bed; and populations that are underrepresented in for research and technology development (B) the goals of the work to be done at the STEM, which may include— within the key technology focus areas. test bed; (1) establishing or augmenting programs (b) PURPOSE.—The purpose of the awards (2) how the applicant will assemble a work- targeted at populations that are underrep- under this section shall be to demonstrate force with the skills needed to operate the resented in STEM; revolutionary technological advances in the test bed; (2) supporting traineeships or other rel- key technology focus areas, including ad- (3) how the applicant will ensure broad ac- evant programs at minority-serving institu- vances that expedite short-term technology cess to the test bed; tions (or institutions of higher education deployment. (4) how the applicant will collaborate with with an established STEM capacity building (c) RECIPIENTS.—Recipients of funds under firms in the key technology focus areas, in- program focused on traditionally underrep- this section may include institutions of cluding through coordinated research and de- resented populations in STEM, including Na- higher education, research institutions, non- velopment and funding, to ensure that work tive Hawaiians, Alaska Natives, and Indi- profit entities, private sector entities, con- in the test bed will contribute to the com- ans); sortia, or other entities as defined by the Di- mercial viability of any technologies and (3) addressing current and expected gaps in rector. will include collaboration from industry and the availability or skills of the STEM work- (d) METRICS.—The Director may set labor organizations; force, or addressing needs of the STEM work- metrics, including goals and deadlines, for (5) how the applicant will encourage the force, including by increasing educational development of such technology as deter- participation of inventors and entrepreneurs capacity at institutions and by prioritizing mined in the terms of the award, and may and the development of new businesses; awards to United States citizens, permanent use such metrics to determine whether an (6) how the applicant will increase partici- residents, and individuals that will grow the award recipient shall be eligible for contin- pation by populations that are underrep- domestic workforce; and ued or follow-on funding. The Director shall resented in STEM; (4) addressing geographic diversity in the ensure that the length of the grants for ap- (7) how the applicant will demonstrate STEM workforce. plicants seeking to demonstrate revolu- that the commercial viability of any new (d) INNOVATION.—In carrying out this sec- tionary technological advances to expedite technologies will support the creation of tion, the Director shall encourage innova- short-term technology deployment last no high-quality domestic jobs; tion in graduate education, including longer than 24 months. (8) how the test bed will operate after Fed- through encouraging institutions of higher (e) SELECTION CRITERIA.—In selecting re- eral funding has ended; education to offer graduate students oppor- cipients for an award under this section, the (9) how the test bed will disseminate les- tunities to gain experience in industry or Director shall consider, at a minimum— sons and other technical information to Government as part of their graduate train- (1) the relevance of the project to the key United States entities or allied or partner ing, and through support for students in pro- technology focus areas; country entities in the United States; and fessional masters programs related to the (2) the current status of the technology, (10) how the applicant plans to take meas- key technology focus areas. the limits of current practice, and the likeli- ures to prevent the inappropriate use of re- (e) AREAS OF FUNDING SUPPORT.—Subject hood of the private sector to independently search results, data, and intellectual prop- to the availability of funds to carry out this demonstrate a similar technological ad- erty, as applicable and consistent with the section, the Director shall— vance; requirements of the award. (1) issue— (3) the potential of the project to generate (c) AUTHORIZED USE OF FUNDS.—A recipient (A) postdoctoral awards, a revolutionary technological advance, in- of an award under this section may, in order (B) graduate fellowships and traineeships, cluding advances that can expedite short- to achieve the purposes described in sub- inclusive of the NSF Research Traineeships term technology deployment; section (a), use the award for the purchase of and fellowships awarded under the Graduate (4) the potential impact of the project on equipment and for the support of students, Research Fellowship Program; and the economic security, national security, or faculty and staff, and postdoctoral research- (C) scholarships, including undergraduate technological competitiveness of the United ers. scholarships, research experiences, and in- States; (d) PRIORITY.—In selecting award recipi- ternships, including— (5) the likelihood of the project’s success; ents under this section, the Director shall (i) scholarships to attend community col- (6) the cost and time associated with the give priority to applicants with proposals leges; and project; that maximize the geographic diversity of (ii) research experiences and internships (7) the appropriateness of quantitative test beds. under sections 513, 514, and 515 of the Amer- goals and metrics for evaluating the project (e) INTERAGENCY ANNUAL MEETINGS.—The ica COMPETES Reauthorization Act of 2010 and a plan for evaluating those metrics; and Director, the Secretary of Commerce, the (42 U.S.C. 1862p–5; 1862p–6; 1862p–7); (8) the path for developing and, as appro- Secretary of Energy, and the heads of other (2) ensure that not less than 10 percent of priate commercializing, the technology. Federal departments and agencies, or their the funds made available to carry out this SEC. 2108. TEST BEDS. designees, with test bed related equities section are used to support additional (a) PROGRAM AUTHORIZED.— shall hold an annual meeting to coordinate awards that focus on community college (1) IN GENERAL.—From amounts made their respective test bed related invest- training, education, and teaching programs available for the Directorate, the Director, ments, future plans, and other appropriate that increase the participation of popu- in coordination with the Director of the Na- matters, to avoid conflicts and duplication of lations that are underrepresented in STEM, tional Institute of Standards and Tech- efforts. Upon request by Congress, Congress including technical programs through pro- nology, the Secretary of Energy, and other shall be briefed on the results of the meet- grams such as the Advanced Technological Federal agencies, as determined appropriate ings. Education program; by the Director, shall establish a program in SEC. 2109. ACADEMIC TECHNOLOGY TRANSFER. (3) ensure that not less than 20 percent of the Directorate to make awards, on a com- (a) IN GENERAL.—From amounts made the funds made available to carry out this petitive basis, to institutions of higher edu- available to the Directorate, the Director, in section are used to support institutions of cation, nonprofit organizations, or consortia coordination with the Director of the Na- higher education, and other institutions, lo- (as defined in section 2104(a)(7)(C)) to estab- tional Institute of Standards and Technology cated in jurisdictions that participate in the lish and operate test beds, which may in- and other Federal agencies as determined ap- program under section 113 of the National clude fabrication facilities and propriate by the Director, shall make Science Foundation Authorization Act of cyberinfrastructure, to advance the develop- awards, on a competitive basis, to eligible 1988 (42 U.S.C. 1862g); and ment, operation, integration, deployment, entities to advance the development and (4) if funds remain after carrying out para- and, as appropriate, demonstration of new, commercialization of technologies, particu- graphs (1), (2), and (3), make awards to insti- innovative technologies in the key tech- larly those in the key technology focus tutions of higher education to enable the in- nology focus areas, which may include hard- areas. stitutions to fund the development and es- ware or software. (b) ELIGIBLE ENTITIES.—To be eligible to tablishment of new or specialized programs (2) COORDINATION.—In establishing new test receive an award under this section, an enti- of study for graduate, undergraduate, or beds under this section, the Director shall ty shall be— technical college students and the evalua- ensure coordination with other test beds sup- (1) an institution of higher education, tion of the effectiveness of those programs of ported by the Foundation or other Federal which may be a community college; study. agencies to avoid duplication and maximize (2) a nonprofit entity that is either affili- (f) EXISTING PROGRAMS.—The Director may the use of Federal resources. ated with an institution of higher education use or augment existing STEM education (b) PROPOSALS.—An applicant for an award or designed to support technology develop- programs of the Foundation and leverage under this section shall submit a proposal to ment or entrepreneurship; or

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2593 (3) a consortium that includes— through venture funds of institutions of (A) shall be— (A) an entity described in paragraph (1) or higher education. (i) a historically Black college or univer- (2) as the lead award recipient; and (H) Creating or supporting entities that sity; (B) one or more additional individuals or could enable researchers to further develop (ii) a minority-serving institution; or entities, which shall be— new technology, through capital investment, (iii) an institution of higher education (i) an economic development organization advice, staff support, or other means. with an established STEM capacity building or similar entity that is focused primarily on (I) Building technology transfer capacity program focused on traditionally underrep- improving science, technology, innovation, at institutions of higher education. resented populations in STEM, including Na- or entrepreneurship; (3) LIMITATIONS ON FUNDING.—In awarding tive Hawaiians, Alaska Natives, and Indians; (ii) an industry organization or firm in a funding under this subsection, the Director and relevant technology or innovation sector; shall— (B) shall have not more than $50,000,000 in (iii) an industry-experienced executive (A) award not more than $1,000,000 per fis- annual federally-financed research and de- with entrepreneurship experience that is fo- cal year to an eligible entity; velopment expenditures for science and engi- cused primarily on de-risking technologies (B) in determining the duration of funding, neering as reported through the National from both a scientific and a business perspec- endeavor to ensure the creation of sustain- Science Foundation Higher Education Re- tive; or able technology transfer practices at the eli- search and Development Survey. (iv) an individual or entity with industry- gible entity; and (2) PARTNERSHIPS.—An eligible institution and startup- experienced business expertise, (C) ensure that grants under this sub- receiving a grant under this section may including a mentor network, across relevant section shall not support the development or carry out the activities of the grant through technology or innovation sectors. operation of capital investment funds. a partnership with other entities, including (c) PROPOSALS.—An eligible entity desiring (e) COLLABORATIVE INNOVATION RESOURCE other eligible institutions. an award under this section shall submit a CENTER PROGRAM.— (c) PROPOSALS.—To receive an award under proposal to the Director at such time, in (1) IN GENERAL.—The Director shall make this section, an eligible institution shall sub- such manner, and containing such informa- awards under this subsection to eligible enti- mit an application to the Director at such tion as the Director may require. The pro- ties to establish collaborative innovation re- time, in such manner, and containing such posal shall include, at a minimum, a descrip- source centers that promote regional tech- information as the Director may require, in- tion of— nology transfer and technology development cluding a plan that describes how the eligible (1) the steps the applicant will take to en- activities available to more than one institu- institution will establish or expand research able technology transfer and to reduce the tion of higher education and to other enti- office capacity and how such award would be risks for commercialization for new tech- ties in a region. used to— nologies and why such steps are likely to be (2) COLLABORATION PRIORITY.—In making (1) conduct an assessment of capacity- effective; awards under this subsection, the Director (2) how the applicant will encourage the building and research infrastructure needs of shall give priority to eligible entities that training and participation of students and an eligible institution; are consortia described in subsection (b)(3) potential entrepreneurs and the transition of (2) enhance institutional resources to pro- and that have a cost share, which may in- research results to practice, including the vide administrative research development clude an in-kind cost share, from members of development of new businesses; support to faculty at an eligible institution; a consortium, at levels as required by the Di- (3) as relevant, potential steps to drive eco- (3) bolster the institutional research com- rector. nomic growth in a particular region, by col- petitiveness of an eligible institution to sup- (3) USE OF FUNDS.—An eligible entity that laborating with industry, venture capital en- port grants awarded by the Directorate; receives an award under this subsection shall tities, nonprofit entities, and State and local (4) support the acquisition of instrumenta- use award funds to carry out one or more of governments within that region; and tion necessary to build research capacity at the following activities, to the benefit of the (4) background information that the Direc- an eligible institution in research areas di- region in which the center is located: tor determines is relevant to demonstrate rectly associated with the Directorate; (A) Providing start-ups and small business the success of the innovation and entrepre- (5) increase capability of an eligible insti- concerns (as defined in section 3 of the Small neurship support models proposed by the ap- tution to move technology into the market- Business Act (15 U.S.C. 632)) within the re- plicant to commercialize technologies. place; gion with access to facilities, scientific in- (d) ACADEMIC TECHNOLOGY TRANSFER EN- (6) increase engagement with industry to HANCEMENT PROGRAM.— frastructure, personnel, and other assets as execute research through the SBIR and (1) IN GENERAL.—The Director, in coordina- required for technology maturation. STTR programs (as defined in section 9(e) of tion with the Director of the National Insti- (B) Supporting entrepreneurial training for the Small Business Act (15 U.S.C. 638(e)) and tute of Standards and Technology, shall start-up and small business personnel. direct contracts at an eligible institution; make awards, on a competitive basis, to sup- (C) Providing engineering and entrepre- (7) provide student engagement and report eligible entities in building sustainable neurial experiences and hands-on training search training opportunities at the under- technology transfer capacity. for students enrolled in participating insti- graduate, graduate, and postdoctoral levels (2) USE OF FUNDS.—An eligible entity that tutions of higher education. at an eligible institution; (f) REPORTING ON COMMERCIALIZATION receives an award under this subsection shall (8) further faculty development initiatives BASED ON METRICS.—The Director shall es- use award funds to carry out one or more of and strengthen institutional research train- tablish— the following: ing infrastructure, capacity, and competi- (1) metrics related to commercialization (A) Identifying academic research with the tiveness of an eligible institution; or for an award under this section; and potential for technology transfer and com- (9) address plans and prospects for long- (2) a reporting schedule for recipients of mercialization, particularly as relevant to term sustainability of institutional enhance- such awards that takes into account both the key technology focus areas. ments at an eligible institution resulting short- and long-term goals of the programs (B) Providing training and support to sci- from the award including, if applicable, how under this section. entists, engineers, and inventors on tech- the award may be leveraged by an eligible (g) GEOGRAPHIC DIVERSITY.—The Director institution to build a broader base of sup- nology transfer, commercialization, and re- shall ensure regional and geographic diver- search protection. port. sity in issuing awards under this section. (d) AWARDS.—Awards made under this sec- (C) Offsetting the costs of patenting and li- (h) SUPPLEMENT NOT SUPPLANT.—The Di- tion shall be for periods of 3 years, and may censing research products, both domestically rector shall ensure that funds made available be extended for periods of not more than 5 and internationally. under this section shall be used to create ad- years. (D) Revising institution policies, including ditional support for technology transfer ac- (e) FUNDING.—From the amounts made policies related to intellectual property and tivities at eligible entities. For the duration available to carry out section 2104 under sec- faculty entrepreneurship, and taking other of the awards, recipients shall be required to tion 2116 for each of fiscal years 2022 through necessary steps to implement relevant best maintain funding for such activities at simi- 2026, the Director shall use $150,000,000 for practices for academic technology transfer. lar levels as the funding for those activities each such fiscal year to carry out this sec- (E) Ensuring the availability of staff, infor the 2 fiscal years preceding the award. tion. cluding technology transfer professionals, SEC. 2110. CAPACITY-BUILDING PROGRAM FOR entrepreneurs in residence, and other men- DEVELOPING UNIVERSITIES. SEC. 2111. TECHNICAL ASSISTANCE. tors as required to accomplish the purpose of (a) IN GENERAL.—The Director shall estab- The Director may— this subsection. lish a program in the Directorate to make (1) coordinate with other Federal agencies (F) Identifying and facilitating relation- awards, on a competitive basis, to eligible to establish interagency and multidisci- ships among local and national business institutions described in subsection (b) to plinary teams to provide technical assist- leaders, including investors, and potential support the mission of the Directorate and ance to recipients of, and prospective appli- entrepreneurs to encourage successful com- to build institutional research capacity at cants for, awards under this title; mercialization. eligible institutions. (2) by Federal interagency agreement and (G) Creating and funding competitions to (b) ELIGIBLE INSTITUTION.— notwithstanding any other provision of law, allow entrepreneurial ideas to illustrate (1) IN GENERAL.—To be eligible to receive transfer funds available to carry out this their commercialization potential, including an award under this section, an institution— title to the head of another Federal agency

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2594 CONGRESSIONAL RECORD — SENATE May 18, 2021 to facilitate and support the provision of (1) in subsection (j), by striking ‘‘and’’ (A) are implementing comprehensive sup- such technical assistance; and after the semicolon; port and improvement activities or targeted (3) enter into contracts with third parties (2) in subsection (k), by striking the period support and improvement activities under to provide such technical assistance. at the end and inserting ‘‘; and’’; and paragraph (1) or (2) of section 1111(d) of the SEC. 2112. COORDINATION OF ACTIVITIES. (3) by adding at the end the following: Elementary and Secondary Education Act of (a) IN GENERAL.—In carrying out the ac- ‘‘(l) to provide for the widest practicable 1965 (20 U.S.C. 6311(d)); or tivities of the Directorate, the Director shall and appropriate dissemination of informa- (B) serve high percentages of students who coordinate and work cooperatively with the tion within the United States concerning the are eligible for a free or reduced price lunch Secretary of Energy, the Director of the Na- Foundation’s activities and the results of under the Richard B. Russell National tional Institute of Standards and Tech- those activities.’’. School Lunch Act (42 U.S.C. 1751 et seq.) nology, and the heads of other Federal re- SEC. 2114. HANDS-ON LEARNING PROGRAM. (which, in the case of a high school, may be calculated using comparable data from the search agencies, as appropriate, to further (a) FINDINGS.—Congress finds the fol- the goals of this title in the key technology lowing: schools that feed into the high school). (e) AUTHORIZATION OF APPROPRIATIONS.— focus areas. (1) Developing a robust, talented, and From the amounts made available to carry (b) AVOID DUPLICATION.—The Director shall homegrown workforce, particularly in the ensure, to the greatest extent practicable, out section 2106 under section 2116 for each of fields of STEM, is critical to the success of fiscal years 2022 through 2026, the Director that activities carried out by the Directorate the United States innovation economy. are not duplicative of activities supported by shall use $25,000,000 for each such fiscal year (2) The United States educational system other parts of the Foundation or other rel- to carry out this section. is not producing a sufficient number of work- evant Federal agencies. In carrying out the SEC. 2115. INTELLECTUAL PROPERTY PROTEC- ers with the necessary STEM expertise to activities prescribed by this division, the Di- TION. meet the needs of the United States industry rector shall coordinate with the Interagency Consistent with the requirements for the in STEM fields. Working Group and heads of other Federal award, all intellectual property that is de- (3) Hands-on and experiential learning op- research agencies to ensure these activities veloped through the Foundation, or any pro- portunities outside of the classroom are crit- enhance and complement, but do not con- gram that has received funding through this ical for student success in STEM subjects stitute unnecessary duplication of effort and division (or an amendment made by this di- and careers, stimulating students’ interest, to ensure the responsible stewardship of vision), shall not be transferred to— funds. increasing confidence, and creating motiva- (1) any foreign entity of concern, as defined (c) COMPTROLLER GENERAL REPORT.—Not tion to pursue a related career. in section 2307(a); later than 3 years after the date of enact- (4) Hands-on and experiential learning op- (2) any United States subsidiary, division, ment of this division, the Comptroller Gen- portunities can be particularly successful in or chapter of such a foreign entity of con- eral of the United States shall prepare and inspiring interest in students who tradition- cern; or submit a report to Congress, and shall simul- ally have been underrepresented in STEM (3) any for-profit, or nonprofit, partnership taneously submit the report to the Director, fields, including girls, students of color, and that includes such a foreign entity of con- the Director of the Office of Science and students from disadvantaged backgrounds. cern in the partnership. Technology Policy, and the Secretary of En- (5) An expansion of hands-on and experien- SEC. 2116. AUTHORIZATION OF APPROPRIATIONS ergy describing the interagency cooperation tial learning programs across the United FOR THE FOUNDATION. that occurred during the preceding years States would expand the STEM workforce (a) FISCAL YEAR 2022.— pursuant to this section, including a list of— pipeline, developing and training students (1) FOUNDATION.—There is authorized to be (1) any funds provided from the Directorate for careers in STEM fields. appropriated to the Foundation to other directorates and offices of the Foun- (b) DEFINITIONS.— $10,800,000,000 for fiscal year 2022. dation; and (1) ESEA TERMS.—The terms ‘‘elementary (2) SPECIFIC NSF ALLOCATIONS.—Of the (2) any instances in which unnecessary du- school’’, ‘‘high school’’, ‘‘secondary school’’, amount authorized under paragraph (1)— plication of effort may have occurred. and ‘‘State’’ have the meanings given the (A) $9,000,000,000 shall be made available to SEC. 2113. REPORTING REQUIREMENTS. terms in section 8101 of the Elementary and carry out the activities of the Foundation (a) REPORTS.—Not later than 1 year after Secondary Education Act of 1965 (20 U.S.C. outside of the Directorate, of which the date of enactment of this division and 7801). $1,000,000,000 shall be for STEM education annually thereafter, the Director, in coordi- (2) ELIGIBLE NONPROFIT PROGRAM.—The and related activities, including workforce nation with the heads of relevant Federal term ‘‘eligible nonprofit program’’— activities under section 2202; and agencies, shall prepare and submit to Con- (A) means a nonprofit program serving pre- (B) $1,800,000,000 shall be made available to gress— kindergarten, elementary school, or sec- the Directorate, of which— (1) a strategic vision and spending plan for ondary school students; and (i) $594,000,000 shall be for the innovation the next 5 years for the Directorate, includ- (B) includes a program described in sub- centers under section 2104; ing a description of how the Foundation will paragraph (A) that covers the continuum of (ii) $324,000,000 shall be for scholarships, increase funding for research and education education from prekindergarten through fellowships, and other activities under sec- for populations underrepresented in STEM high school and is available in every State. tion 2106; and geographic areas; (c) PURPOSES.—The purposes of this section (iii) $252,000,000 shall be for academic tech- (2) in coordination with the Secretary of are to— nology transfer under section 2109; State, a description of any funds the Founda- (1) provide effective, compelling, and en- (iv) $180,000,000 shall be for test beds under tion may plan to receive from— gaging means for teaching and reinforcing section 2108; (A) entities other than institutions of fundamental STEM concepts and inspiring (v) $270,000,000 shall be for research and de- higher education; and the youth of the United States to pursue ca- velopment activities under section 2107; and (B) certain designated countries; and reers in STEM-related fields; (vi) an amount equal to 10 percent of the (3) a description of the planned activities (2) expand the STEM workforce pipeline by total made available to the Directorate of the Directorate to secure federally funded developing and training students for careers under this subparagraph shall be transferred science and technology pursuant to section in United States STEM fields; and to the Foundation for collaboration with di- 1746 of the National Defense Authorization (3) broaden participation in the STEM rectorates and offices of the Foundation out- Act for Fiscal Year 2020 (Public Law 116–92; workforce by underrepresented population side of the Directorate as described under 42 U.S.C. 6601 note) and section 223 of Wil- groups. section 2102(c)(7). liam M. (Mac) Thornberry National Defense (d) PROGRAM AUTHORIZED.— (b) FISCAL YEAR 2023.— Authorization Act for Fiscal Year 2021 (Pub- (1) IN GENERAL.—Subject to the avail- (1) FOUNDATION.—There is authorized to be lic Law 116–283) and the requirements under ability of appropriations for such purposes, appropriated to the Foundation title III. the Director shall— $12,800,000,000 for fiscal year 2023. (b) ANNUAL BRIEFING.—Each year, the Di- (A) provide grants to eligible nonprofit (2) SPECIFIC NSF ALLOCATIONS.—Of the rector and the Secretary of Energy shall for- programs for supporting hands-on learning amount authorized under paragraph (1)— mally request a joint briefing from the Sec- opportunities in STEM education, including (A) $9,600,000,000 shall be made available to retary of Defense, the Secretary of Com- via after-school activities and innovative carry out the activities of the Foundation merce, the Director of the Federal Bureau of learning opportunities such as robotics com- outside of the Directorate, of which Investigation, the Director of National Intel- petitions; and $1,190,000,000 shall be for STEM education ligence, and as appropriate the heads of (B) evaluate the impact of such hands-on and related activities, including workforce other Federal agencies regarding their ef- learning opportunities on STEM learning activities under section 2202; and forts to preserve the United States’ advan- and disseminate the results of that evalua- (B) $3,200,000,000 shall be made available to tages generated by the activity of the Direc- tion. the Directorate, of which— torate. (2) PRIORITY.—In awarding grants under (i) $1,056,000,000 shall be for the innovation (c) PROVIDING AUTHORITY TO DISSEMINATE the program, the Director shall give priority centers under section 2104; INFORMATION.—Section 11 of the National to eligible nonprofit programs serving stu- (ii) $576,000,000 shall be for scholarships, Science Foundation Act of 1950 (42 U.S.C. dents that attend elementary, secondary, or fellowships, and other activities under sec- 1870) is amended— high schools that— tion 2106;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2595 (iii) $448,000,000 shall be for academic tech- and related activities, including workforce this section shall supplement, and not sup- nology transfer under section 2109; activities under section 2202; and plant, any other amounts previously author- (iv) $320,000,000 shall be for test beds under (B) $9,300,000,000 shall be made available to ized to be appropriated to the Department of section 2108; the Directorate, of which— Energy. (v) $480,000,000 shall be for research and de- (i) $3,069,000,000 shall be for the innovation (c) NO FUNDS FOR CONSTRUCTION.—No funds velopment activities under section 2107; and centers under section 2104; provided to the Department of Energy under (vi) an amount equal to 10 percent of the (ii) $1,674,000,000 shall be for scholarships, this section shall be used for construction. total made available to the Directorate fellowships, and other activities under sec- TITLE II—NSF RESEARCH, STEM, AND under this subparagraph shall be transferred tion 2106; GEOGRAPHIC DIVERSITY INITIATIVES to the Foundation for collaboration with di- (iii) $1,302,000,000 shall be for academic SEC. 2201. CHIEF DIVERSITY OFFICER OF THE rectorates and offices of the Foundation out- technology transfer under section 2109; NSF. side of the Directorate as described under (iv) $930,000,000 shall be for test beds under (a) CHIEF DIVERSITY OFFICER.— section 2102(c)(7). section 2108; (1) APPOINTMENT.—The President shall ap- (c) FISCAL YEAR 2024.— (v) $1,395,000,000 shall be for research and point, by and with the consent of the Senate, (1) FOUNDATION.—There is authorized to be development activities under section 2107; a Chief Diversity Officer of the Foundation. appropriated to the Foundation and (2) QUALIFICATIONS.—The Chief Diversity $16,600,000,000 for fiscal year 2024. (vi) an amount equal to 10 percent of the Officer shall have significant experience, (2) SPECIFIC NSF ALLOCATIONS.—Of the total made available to the Directorate within the Federal Government and the amount authorized under paragraph (1)— under this subparagraph shall be transferred science community, with diversity- and in- (A) $10,300,000,000 shall be made available to the Foundation for collaboration with di- clusion-related matters, including— to carry out the activities of the Foundation rectorates and offices of the Foundation out- (A) civil rights compliance; outside of the Directorate, of which side of the Directorate as described under (B) harassment policy, reviews, and inves- $1,600,000,000 shall be for STEM education section 2102(c)(7). tigations; and related activities, including workforce (f) ALLOCATION AND LIMITATIONS.— (C) equal employment opportunity; and activities under section 2202; and (1) ALLOCATION FOR THE OFFICE OF INSPEC- (D) disability policy. (B) $6,300,000,000 shall be made available to TOR GENERAL.—From any amounts appro- (3) OVERSIGHT.—The Chief Diversity Officer the Directorate, of which— priated for the Foundation for a fiscal year, shall direct the Office of Diversity and Inclu- (i) $2,079,000,000 shall be for the innovation the Director shall allocate for necessary ex- sion of the Foundation and report directly to centers under section 2104; penses of the Office of Inspector General of the Director in the performance of the duties (ii) $1,134,000,000 shall be for scholarships, the Foundation an amount of not less than of the Chief Diversity Officer under this sec- $33,000,000 in any fiscal year for oversight of fellowships, and other activities under section. tion 2106; the programs and activities funded under (b) DUTIES.—The Chief Diversity Officer is (iii) $882,000,000 shall be for academic tech- this section in accordance with the Inspector responsible for providing advice on policy, nology transfer under section 2109; General Act of 1978 (5 U.S.C. App.). oversight, guidance, and coordination with (iv) $630,000,000 shall be for test beds under (2) SUPPLEMENT AND NOT SUPPLANT.—The respect to matters of the Foundation related section 2108; amounts authorized to be appropriated under to diversity and inclusion, including ensur- (v) $945,000,000 shall be for research and de- this section shall supplement, and not sup- ing the geographic diversity of the Founda- velopment activities under section 2107; and plant, any other amounts previously appro- tion programs. Other duties may include— (vi) an amount equal to 10 percent of the priated to the Office of the Inspector General (1) establishing and maintaining a stra- total made available to the Directorate of the Foundation. tegic plan that publicly states a diversity under this subparagraph shall be transferred (3) NO NEW AWARDS.—The Director shall definition, vision, and goals for the Founda- to the Foundation for collaboration with di- not make any new awards for the activities tion; rectorates and offices of the Foundation out- under the Directorate for any fiscal year in (2) defining a set of strategic metrics that side of the Directorate as described under which the total amount appropriated to the are— section 2102(c)(7). Foundation (not including amounts appro- (A) directly linked to key organizational (d) FISCAL YEAR 2025.— priated for the Directorate) is less than the priorities and goals; (1) FOUNDATION.—There is authorized to be total amount appropriated to the Founda- (B) actionable; and appropriated to the Foundation tion (not including such amounts), adjusted (C) actively used to implement the stra- $19,500,000,000 for fiscal year 2025. by the rate of inflation, for the previous fis- tegic plan under paragraph (1); (2) SPECIFIC NSF ALLOCATIONS.—Of the cal year. (3) advising in the establishment of a stra- amount authorized under paragraph (1)— (4) NO FUNDS FOR CONSTRUCTION.—No funds tegic plan for diverse participation by indi- (A) $11,100,000,000 shall be made available provided to the Directorate under this sec- viduals and institutions of higher education, to carry out the activities of the Foundation tion shall be used for construction. including community colleges, historically outside of the Directorate, of which SEC. 2117. AUTHORIZATION OF APPROPRIATIONS Black colleges and universities, Tribal col- $2,100,000,000 shall be for STEM education FOR THE DEPARTMENT OF ENERGY. leges or universities, minority-serving insti- and related activities, including workforce (a) AUTHORIZATION OF APPROPRIATIONS.— tutions, institutions of higher education activities under section 2202; and (1) FISCAL YEAR 2022.—There is authorized with an established STEM capacity building (B) $8,400,000,000 shall be made available to to be appropriated to the Department of En- program focused on traditionally underrep- the Directorate, of which— ergy $1,000,000,000 for fiscal year 2022 to carry resented populations in STEM, including Na- (i) $2,772,000,000 shall be for the innovation out research and development and address tive Hawaiians, Alaska Natives, and Indians, centers under section 2104; energy-related supply chain activities within and institutions from jurisdictions eligible (ii) $1,512,000,000 shall be for scholarships, the key technology focus areas. to participate under section 113 of the Na- fellowships, and other activities under sec- (2) FISCAL YEAR 2023.—There is authorized tional Science Foundation Authorization tion 2106; to be appropriated to the Department of En- Act of 1988 (42 U.S.C. 1862g); (iii) $1,176,000,000 shall be for academic ergy $1,800,000,000 for fiscal year 2023 to carry (4) advising in the establishment of a stra- technology transfer under section 2109; out research and development and address tegic plan for outreach to, and recruiting (iv) $840,000,000 shall be for test beds under energy-related supply chain activities within from, untapped locations and underrep- section 2108; the key technology focus areas. resented populations; (v) $1,260,000,000 shall be for research and (3) FISCAL YEAR 2024.—There is authorized (5) advising on the application of the Foun- development activities under section 2107; to be appropriated to the Department of En- dation’s broader impacts review criterion; and ergy $3,700,000,000 for fiscal year 2024 to carry and (vi) an amount equal to 10 percent of the out research and development and address (6) performing such additional duties and total made available to the Directorate energy-related supply chain activities within exercise such powers as the Director may under this subparagraph shall be transferred the key technology focus areas. prescribe. to the Foundation for collaboration with di- (4) FISCAL YEAR 2025.—There is authorized (c) FUNDING.—From any amounts appro- rectorates and offices of the Foundation out- to be appropriated to the Department of En- priated for the Foundation for each of fiscal side of the Directorate as described under ergy $4,900,000,000 for fiscal year 2025 to carry years 2022 through 2026, the Director shall al- section 2102(c)(7). out research and development and address locate $5,000,000 to carry out this section for (e) FISCAL YEAR 2026.— energy-related supply chain activities within each such year. (1) FOUNDATION.—There is authorized to be the key technology focus areas. SEC. 2202. PROGRAMS TO ADDRESS THE STEM appropriated to the Foundation (5) FISCAL YEAR 2026.—There is authorized WORKFORCE. $21,300,000,000 for fiscal year 2026. to be appropriated to the Department of En- (a) IN GENERAL.—The Director shall issue (2) SPECIFIC NSF ALLOCATIONS.—Of the ergy $5,500,000,000 for fiscal year 2026 to carry undergraduate scholarships, including at amount authorized under paragraph (1)— out research and development and address community colleges, graduate fellowships (A) $12,000,000,000 shall be made available energy-related supply chain activities within and traineeships, postdoctoral awards, and, to carry out the activities of the Foundation the key technology focus areas. as appropriate, other awards. outside of the Directorate, of which (b) SUPPLEMENT AND NOT SUPPLANT.—The (b) IMPLEMENTATION.—The Director may $2,540,000,000 shall be for STEM education amounts authorized to be appropriated under carry out subsection (a) by making awards—

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2596 CONGRESSIONAL RECORD — SENATE May 18, 2021 (1) directly to students; or spect to a former recipient of an award under (1) at least 1 emerging research institution; (2) to institutions of higher education or this subsection who— and consortia of institutions of higher education, (i) earned a doctoral degree in a STEM (2) at least 1 institution that, on average including those institutions or consortia in- field from an institution of higher education; for the 3 years prior to an application for an volved in operating university technology and award under this section, received more than centers established under section 2104(a). (ii) successfully fulfilled the requirements $100,000,000 in Federal research funding. (c) BROADENING PARTICIPATION.—In car- of the fellowship or temporary rotational SEC. 2204. PERSONNEL MANAGEMENT AUTHORI- rying out this section, the Director shall posting within a Federal agency. TIES FOR THE FOUNDATION. take steps to increase the participation of (C) LIMITATION.—The direct hire authority (a) EXPERTS IN SCIENCE AND ENGINEERING.— populations that are underrepresented in under this paragraph shall be exercised with (1) PROGRAM AUTHORIZED.—The Foundation STEM, which may include— respect to a specific qualified candidate not may carry out a program of personnel man- (1) establishing or augmenting programs later than 2 years after the date that the agement authority provided under paragraph targeted at populations that are underrep- candidate completed the requirements re- (2) in order to facilitate recruitment of emi- resented in STEM; lated to the fellowship or temporary rota- nent experts in science or engineering for re- (2) supporting traineeships or other rel- tional posting described under this sub- search and development projects and to en- evant programs at minority-serving institu- section. hance the administration and management tions (or institutions of higher education (e) EXISTING PROGRAMS.—In carrying out of the Foundation. with an established STEM capacity building this section, the Director may leverage ex- (2) PERSONNEL MANAGEMENT AUTHORITY.— program focused on traditionally underrep- isting programs, including programs that Under the program under paragraph (1), the resented populations in STEM, including Na- issue— Foundation may— tive Hawaiians, Alaska Natives, and Indi- (1) postdoctoral awards; (A) without regard to any provision of title ans); (2) graduate fellowships and traineeships, 5, United States Code, governing the ap- (3) addressing current and expected gaps in inclusive of the NSF Research Traineeships pointment of employees in the civil service, the availability and skills of the STEM and fellowships awarded under the Graduate appoint individuals to a total of not more workforce, or addressing the needs of the Research Fellowship Program; and than 140 positions in the Foundation, of STEM workforce, including by prioritizing (3) scholarships, research experiences, and which not more than 5 such positions may be awards to United States citizens, permanent internships, including— positions of administration or management residents, and individuals that will grow the (A) scholarships to attend community col- of the Foundation; domestic workforce; leges; and (B) notwithstanding any provision of title (4) addressing geographic diversity in the (B) research experiences and internships 5, United States Code, governing the rates of STEM workforce; and under sections 513, 514, and 515 of the Amer- pay or classification of employees in the ex- (5) awarding grants to institutions of high- ica COMPETES Reauthorization Act of 2010 ecutive branch, prescribe the rates of basic er education to address STEM workforce (42 U.S.C. 1862p-5; 1862p-6; 42 U.S.C. 1862p–7); pay for positions to which employees are ap- gaps, including for programs that recruit, re- and pointed under subparagraph (A)— tain, and progress students to a bachelor’s (4) awards to institutions of higher edu- (i) in the case of employees appointed pur- degree in a STEM discipline concurrent with cation to enable the institutions to fund in- suant to subparagraph (A) to any of 5 posi- a secondary school diploma, such as through novation in undergraduate and graduate edu- tions designated by the Foundation for pur- existing and new partnerships with State cation, increased educational capacity, and poses of this clause, at rates not in excess of educational agencies. the development and establishment of new or a rate equal to 150 percent of the maximum specialized programs of study for graduate, (d) INNOVATION.— rate of basic pay authorized for positions at undergraduate, or technical college students, (1) GRADUATE EDUCATION.—In carrying out level I of the Executive Schedule under sec- this section, the Director shall encourage in- and the evaluation of the effectiveness of the tion 5312 of title 5, United States Code; and novation in graduate education, and study- programs of study. (ii) in the case of any other employee ap- (f) SET ASIDE.—The Director shall ensure ing the impacts of such innovations, includ- pointed pursuant to subparagraph (A), at that not less than 20 percent of the funds ing through encouraging institutions of rates not in excess of the maximum rate of available to carry out this section shall be higher education to offer graduate students basic pay authorized for senior-level posi- used to support institutions of higher edu- opportunities to gain experience in industry tions under section 5376 of title 5, United cation, and other institutions, located in ju- or government as part of their graduate States Code; and risdictions that participate in the program (C) pay any employee appointed under sub- training, and through support for students in under section 113 of the National Science paragraph (A), other than an employee ap- professional masters programs related to the Foundation Authorization Act of 1988 (42 pointed to a position designated as described key technology focus areas. U.S.C. 1862g). (2) POSTDOCTORAL PROFESSIONAL DEVELOP- in subparagraph (B)(i), payments in addition SEC. 2203. EMERGING RESEARCH INSTITUTION MENT.—In carrying out this section, the Di- PILOT PROGRAM. to basic pay within the limit applicable to the employee under paragraph (4). rector shall encourage innovation in (a) IN GENERAL.—The Director shall estab- postdoctoral professional development, sup- lish a 5-year pilot program for awarding (3) LIMITATION ON TERM OF APPOINTMENT.— port the development and diversity of the grants to eligible partnerships, led by 1 or (A) IN GENERAL.—Except as provided in STEM workforce, and study the impacts of more emerging research institutions, to subparagraph (B), the service of an employee such innovation and support. To do so, the build research and education capacity at under an appointment under paragraph (2)(A) Director may use postdoctoral awards estab- emerging research institutions to enable may not exceed 4 years. lished under subsection (a) or leveraged such institutions to contribute to programs (B) EXTENSION.—The Director may, in the under subsection (e)(1) for fellowships or run by the Directorate. case of a particular employee under the pro- other temporary rotational postings of not (b) APPLICATIONS.—An eligible partnership gram under paragraph (1), extend the period more than 2 years. Such fellowships or tem- seeking a grant under this section shall sub- to which service is limited under subpara- porary rotational postings shall be award- mit an application to the Director at such graph (A) by up to 2 years if the Director deed— time, in such manner, and containing such termines that such action is necessary to (A) to qualified individuals who have a doc- information as the Director may reasonably promote the efficiency of the Foundation, as toral degree and received such degree not require, including a statement of how the applicable. earlier than 5 years before the date that the partnership will use the funds awarded (4) MAXIMUM AMOUNT OF ADDITIONAL PAY- fellowship or temporary rotational posting through the grant to achieve a lasting, sus- MENTS PAYABLE.—Notwithstanding any other begins; and tainable increase in the research and edu- provision of this subsection or section 5307 of (B) to carry out research in the key tech- cation capacity of each emerging research title 5, United States Code, no additional nology focus areas at Federal, State, local, institution included in the eligible partner- payments may be paid to an employee under and Tribal government research facilities. ship. paragraph (2)(C) in any calendar year if, or (3) DIRECT HIRE AUTHORITY.— (c) ACTIVITIES.—An eligible partnership re- to the extent that, the employee’s total an- (A) IN GENERAL.—During fiscal year 2021 ceiving a grant under this section may use nual compensation in such calendar year will and any fiscal year thereafter, the head of the funds awarded through such grant for in- exceed the maximum amount of total annual any Federal agency may appoint, without re- creasing research, education, and innovation compensation payable at the salary set in gard to the provisions of subchapter I of capacity, including for— accordance with section 104 of title 3, United chapter 33 of title 5, United States Code, (1) faculty training and resources, includ- States Code. other than sections 3303 and 3328 of that ing joint resources; (b) HIGHLY QUALIFIED EXPERTS IN NEEDED title, a qualified candidate described in sub- (2) research experiences for undergraduate OCCUPATIONS.— paragraph (B) directly to a position in the and graduate students; and (1) IN GENERAL.—The Foundation may competitive service with the Federal agency (3) maintenance and repair of research carry out a program using the authority pro- for which the candidate meets Office of Per- equipment and instrumentation. vided in paragraph (2) in order to attract sonnel Management qualification standards. (d) DEFINITION OF ELIGIBLE PARTNERSHIP.— highly qualified experts in needed occupa- (B) FELLOWSHIP OR TEMPORARY ROTATIONAL In this section, the term ‘‘eligible partner- tions, as determined by the Foundation. In- POSTING.—Subparagraph (A) applies with re- ship’’ means a partnership of— dividuals hired by the Director through such

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authority may include individuals with ex- (6) SAVINGS PROVISIONS.—In the event that (B) in paragraph (4), by striking ‘‘mathe- pertise in business creativity, innovation the Foundation terminates the program matics and science instruction’’ and insert- management, design thinking, entrepreneur- under this subsection, in the case of an em- ing ‘‘STEM instruction’’. ship, venture capital, and related fields. ployee who, on the day before the termi- (b) MODERNIZING REFERENCES TO STEM.— (2) AUTHORITY.—Under the program, the nation of the program, is serving in a posi- Section 3 of the Scientific and Advanced- Foundation may— tion pursuant to an appointment under this Technology Act of 1992 (42 U.S.C. 1862i) is (A) appoint personnel from outside the subsection— amended— civil service and uniformed services (as such (A) the termination of the program does (1) in the section heading, by striking ‘‘SCI- terms are defined in section 2101 of title 5, not terminate the employee’s employment in ENTIFIC AND TECHNICAL EDUCATION ’’ and in- United States Code) to positions in the that position before the expiration of the serting ‘‘STEM EDUCATION’’; Foundation without regard to any provision lesser of— (2) in subsection (a)— of title 5, United States Code, governing the (i) the period for which the employee was (A) in the subsection heading, by striking appointment of employees to positions in the appointed; or ‘‘SCIENTIFIC AND TECHNICAL EDUCATION ’’ and Foundation; (ii) the period to which the employee’s inserting ‘‘STEM EDUCATION’’; (B) prescribe the rates of basic pay for po- service is limited under paragraph (3), in- (B) in the matter preceding paragraph (1)— sitions to which employees are appointed cluding any extension made under this sub- (i) by inserting ‘‘and education to prepare under subparagraph (A) at rates not in ex- section before the termination of the pro- the skilled technical workforce to meet cess of the maximum rate of basic pay au- gram; and workforce demands’’ before ‘‘, and to im- thorized for senior-level positions under sec- (B) the rate of basic pay prescribed for the prove’’; tion 5376 of title 5, United States Code, as in- position under this subsection may not be re- (ii) by striking ‘‘core education courses in creased by locality-based comparability pay- duced as long as the employee continues to science and mathematics’’ and inserting ments under section 5304 of such title, not- serve in the position without a break in serv- ‘‘core education courses in STEM fields’’; withstanding any provision of such title gov- ice. (iii) by inserting ‘‘veterans and individuals erning the rates of pay or classification of engaged in’’ before ‘‘work in the home’’; and employees in the executive branch; and (c) ADDITIONAL HIRING AUTHORITY.—To the (iv) by inserting ‘‘and on building a path- (C) pay any employee appointed under sub- extent needed to carry out the duties under way from secondary schools, to associate-de- paragraph (A) payments in addition to basic subsection (a)(1), the Director is authorized gree-granting institutions, to careers that pay within the limits applicable to the em- to utilize hiring authorities under section require technical training’’ before ‘‘, and ployee under paragraph (4). 3372 of title 5, United States Code, to staff shall be designed’’; (3) LIMITATION ON TERM OF APPOINTMENT.— the Foundation with employees from other (C) in paragraph (1)— (A) IN GENERAL.—Except as provided in Federal agencies, State and local govern- (i) by inserting ‘‘and study’’ after ‘‘devel- subparagraph (B), the service of an employee ments, Indian Tribes and Tribal organiza- opment’’; and under an appointment made pursuant to this tions, institutions of higher education, and (ii) by striking ‘‘core science and mathe- subsection may not exceed 5 years. other organizations, as described in that sec- matics courses’’ and inserting ‘‘core STEM (B) EXTENSION.—The Foundation may, in tion, in the same manner and subject to the courses’’; the case of a particular employee, extend the same conditions, that apply to such individ- (D) in paragraph (2), by striking ‘‘science, period to which service is limited under sub- uals utilized to accomplish other missions of mathematics, and advanced-technology paragraph (A) by up to 1 additional year if the Foundation. fields’’ and inserting ‘‘STEM and advanced- the Foundation determines that such action (d) NATIONAL ACADEMY OF PUBLIC ADMINIS- technology fields’’; is necessary to promote the Foundation’s na- TRATION.— (E) in paragraph (3)(A), by inserting ‘‘to tional security missions. (1) STUDY.—Not later than 30 days after the support the advanced-technology industries (4) LIMITATIONS ON ADDITIONAL PAYMENTS.— date of enactment of this division, the Direc- that drive the competitiveness of the United (A) TOTAL AMOUNT.— tor shall contract with the National Acad- States in the global economy’’ before the (i) IN GENERAL.—The total amount of the emy of Public Administration to conduct a semicolon at the end; additional payments paid to an employee study on the organizational and manage- (F) in paragraph (4), by striking ‘‘scientific under this subsection for any 12-month pe- ment structure of the Foundation, to— and advanced-technology fields’’ and insert- riod may not exceed the lesser of the fol- (A) evaluate and make recommendations ing ‘‘STEM and advanced-technology fields’’; lowing amounts: to efficiently and effectively implement the and (I) $50,000 in fiscal year 2021, which may be Directorate for Technology and Innovation; (G) in paragraph (5), by striking ‘‘advanced adjusted annually thereafter by the Founda- (B) evaluate and make recommendations scientific and technical education’’ and in- tion, with a percentage increase equal to to ensure coordination of the Directorate for serting ‘‘advanced STEM and advanced-tech- one-half of 1 percentage point less than the Technology and Innovation with other direc- nology’’; percentage by which the Employment Cost torates and offices of the Foundation and (3) in subsection (b)— Index, published quarterly by the Bureau of other Federal agencies; and (A) by striking the subsection heading and Labor Statistics, for the base quarter of the (C) make recommendations for the man- inserting the following: ‘‘CENTERS OF SCI- year before the preceding calendar year ex- agement of the Foundation’s business and ENTIFIC AND TECHNICAL EDUCATION.—’’; ceeds the Employment Cost Index for the personnel practices, including implementa- (B) in the matter preceding paragraph (1), base quarter of the second year before the tion of the new hiring authorities and pro- by striking ‘‘not to exceed 12 in number’’ and preceding calendar year. gram director authorities provided in this inserting ‘‘in advanced-technology fields’’; (II) The amount equal to 50 percent of the section and section 2103. (C) in paragraph (2), by striking ‘‘education employee’s annual rate of basic pay. (2) REVIEW.—Upon completion of the study in mathematics and science’’ and inserting (ii) DEFINITION OF BASE QUARTER.— For pur- under paragraph (1), the Foundation shall re- ‘‘STEM education’’; and poses of this subparagraph, the term ‘‘base view the recommendations from the Na- (D) in the flush matter following paragraph quarter’’ has the meaning given such term tional Academy of Public Administration (2), by striking ‘‘in the geographic region by section 5302(3) of title 5, United States and provide a briefing to Congress on the served by the center’’; Code. plans of the Foundation to implement any (4) in subsection (c)— (B) ELIGIBILITY FOR PAYMENTS.—An em- such recommendations. (A) in paragraph (1)— ployee appointed under this subsection is not (i) in subparagraph (A)— eligible for any bonus, monetary award, or SEC. 2205. ADVANCED TECHNOLOGICAL MANU- (I) in the matter preceding clause (i), by other monetary incentive for service, except FACTURING ACT. striking ‘‘to encourage’’ and all that follows for payments authorized under this sub- (a) FINDINGS AND PURPOSE.—Section 2 of through ‘‘such means as—’’ and inserting ‘‘to section. the Scientific and Advanced-Technology Act encourage the development of career and (C) ADDITIONAL LIMITATION.—Notwith- of 1992 (42 U.S.C. 1862h) is amended— educational pathways with multiple entry standing any other provision of this para- (1) in subsection (a)— and exit points leading to credentials and de- graph or of section 5307 of title 5, United (A) in paragraph (3), by striking ‘‘science, grees, and to assist students pursuing path- States Code, no additional payments may be mathematics, and technology’’ and inserting ways in STEM fields to transition from asso- paid to an employee under this subsection in ‘‘science, technology, engineering, and math- ciate-degree-granting colleges to bachelor- any calendar year if, or to the extent that, ematics or STEM’’; degree-granting institutions, through such the employee’s total annual compensation (B) in paragraph (4), by inserting ‘‘edu- means as—’’; will exceed the maximum amount of total cated’’ and before ‘‘trained’’; and (II) in clause (i), by striking ‘‘to ensure’’ annual compensation payable at the salary (C) in paragraph (5), by striking ‘‘scientific and inserting ‘‘to develop articulation agree- set in accordance with section 104 of title 3, and technical education and training’’ and ments that ensure’’; and United States Code. inserting ‘‘STEM education and training’’; (III) in clause (ii), by striking ‘‘courses at (5) LIMITATION ON NUMBER OF HIGHLY QUALI- and the bachelor-degree-granting institution’’ FIED EXPERTS.—The number of highly quali- (2) in subsection (b)— and inserting ‘‘the career and educational fied experts appointed and retained by the (A) in paragraph (2), by striking ‘‘mathe- pathways supported by the articulation Foundation under paragraph (2)(A) shall not matics and science’’ and inserting ‘‘STEM agreements’’; exceed 140 at any time. fields’’; and (ii) in subparagraph (B)—

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2598 CONGRESSIONAL RECORD — SENATE May 18, 2021 (I) in clause (i), by inserting ‘‘veterans and (D) by redesignating paragraphs (8) and (9) foundations, or other appropriate private en- individuals engaged in’’ before ‘‘work in the as paragraphs (7) and (8), respectively; tities to— home’’; (E) in paragraph (7), as redesignated by (1) enhance the impact of the Foundation’s (II) in clause (iii)— subparagraph (D), by striking ‘‘and’’ after investments and contributions to the United (aa) by striking ‘‘bachelor’s-degree-grant- the semicolon; States economic competitiveness and secu- ing institutions’’ and inserting ‘‘institutions (F) in paragraph (8), as redesignated by rity; and or work sites’’; and subparagraph (D)— (2) make available infrastructure, exper- (bb) by inserting ‘‘or industry internships’’ (i) by striking ‘‘mathematics, science, en- tise, and financial resources to the United after ‘‘summer programs’’; and gineering, or technology’’ and inserting States scientific and engineering research (III) by striking the flush text following ‘‘science, technology, engineering, or mathe- and education enterprise. clause (iv); and matics’’; and (b) MERIT REVIEW.—Nothing in this section (iii) by striking subparagraph (C); (ii) by striking the period at the end and shall be construed as altering any intellec- (B) in paragraph (2)— inserting ‘‘; and’’; and tual or broader impacts criteria at the Foun- (i) by striking ‘‘mathematics and science (G) by adding at the end the following: dation for evaluating grant applications. programs’’ and inserting ‘‘STEM programs’’; ‘‘(9) the term skilled technical workforce SEC. 2208. AI SCHOLARSHIP-FOR-SERVICE ACT. (ii) by inserting ‘‘and, as appropriate, ele- means workers— mentary schools,’’ after ‘‘with secondary ‘‘(A) in occupations that use significant (a) DEFINITIONS.—In this section: schools’’; levels of science and engineering expertise (1) ARTIFICIAL INTELLIGENCE.—The term (iii) by striking ‘‘mathematics and science and technical knowledge; and ‘‘artificial intelligence’’ or ‘‘AI’’ has the education’’ and inserting ‘‘STEM edu- ‘‘(B) whose level of educational attainment meaning given the term ‘‘artificial intel- cation’’; is less than a bachelor degree.’’. ligence’’ in section 238(g) of the John S. (iv) by striking ‘‘secondary school stu- (c) AUTHORIZATION OF APPROPRIATIONS.— McCain National Defense Authorization Act dents’’ and inserting ‘‘students at these Section 5 of the Scientific and Advanced- for Fiscal Year 2019 (10 U.S.C. 2358 note). schools’’; Technology Act of 1992 (42 U.S.C. 1862j) is (2) EXECUTIVE AGENCY.—The term ‘‘execu- (v) by striking ‘‘science and advanced-tech- amended to read as follows: tive agency’’ has the meaning given the term nology fields’’ and inserting ‘‘STEM and ad- ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ‘‘Executive agency’’ in section 105 of title 5, vanced-technology fields’’; and ‘‘There are authorized to be appropriated United States Code. (vi) by striking ‘‘agreements with local to the Director (from sums otherwise author- (3) REGISTERED INTERNSHIP.—The term educational agencies’’ and inserting ‘‘articu- ized to be appropriated for the Foundation) ‘‘registered internship’’ means a Federal lation agreements or dual credit courses for carrying out sections 2 through 4, Registered Internship Program coordinated with local secondary schools, or other means $150,000,000 for fiscal years 2022 through through the Department of Labor. as the Director determines appropriate,’’; 2026.’’. (b) IN GENERAL.—The Director, in coordi- and SEC. 2206. INTRAMURAL EMERGING INSTITU- nation with the Director of the Office of Per- (C) in paragraph (3)— sonnel Management, the Director of the Na- (i) by striking subparagraph (B); TIONS PILOT PROGRAM. (a) ESTABLISHMENT.—The Director shall tional Institute of Standards and Tech- (ii) by striking ‘‘shall—’’and all that fol- nology, and the heads of other agencies with lows through ‘‘establish a’’ and inserting conduct multiple pilot programs within the Foundation to expand the number of institu- appropriate scientific knowledge, shall es- ‘‘shall establish a’’; tablish a Federal artificial intelligence (iii) by striking ‘‘the fields of science, tech- tions of higher education (including such institutions that are community colleges), and scholarship-for-service program (referred to nology, engineering, and mathematics’’ and in this section as the Federal AI Scholar- inserting ‘‘STEM fields’’; and other eligible entities that the Director determines appropriate, that are able to suc- ship-for-Service Program) to recruit and (iv) by striking ‘‘; and’’ and inserting ‘‘, in- train artificial intelligence professionals to cluding jobs at Federal and academic labora- cessfully compete for Foundation grants. lead and support the application of artificial tories.’’; (b) COMPONENTS.—Each pilot program de- intelligence to the missions of Federal, (5) in subsection (d)(2)— scribed in subsection (a) shall include at State, local, and Tribal governments. (A) in subparagraph (D), by striking ‘‘and’’ least 1 of the following elements: after the semicolon; (1) A mentorship program. (c) QUALIFIED INSTITUTION OF HIGHER EDU- (B) in subparagraph (E), by striking the pe- (2) Grant writing technical assistance. CATION.—The Director, in coordination with riod at the end and inserting a semicolon; (3) Targeted outreach, including to a mi- the heads of other agencies with appropriate and nority-serving institution (including a his- scientific knowledge, shall establish criteria (C) by adding at the end the following: torically Black college or university, a Trib- to designate qualified institutions of higher ‘‘(F) as appropriate, applications that al college or university, or a Hispanic-serv- education that shall be eligible to partici- apply the best practices for STEM education ing institution or an institution of higher pate in the Federal AI Scholarship-for-Serv- and technical skills education through dis- education with an established STEM capac- ice program. Such criteria shall include— tance learning or in a simulated work envi- ity building program focused on tradition- (1) measures of the institution’s dem- ronment, as determined by research de- ally underrepresented populations in STEM, onstrated excellence in the education of stu- scribed in subsection (f); and’’; including Native Hawaiians, Alaska Natives, dents in the field of artificial intelligence; (6) in subsection (g), by striking the second and Indians). and sentence; (4) Programmatic support or solutions for (2) measures of the institution’s ability to (7) in subsection (h)(1)— institutions or entities that do not have an attract and retain a diverse and non-tradi- (A) in subparagraph (A), by striking ‘‘2022’’ experienced grant management office. tional student population in the fields of and inserting ‘‘2026’’; (5) An increase in the number of grant re- science, technology, engineering, and mathe- (B) in subparagraph (B), by striking ‘‘2022’’ viewers from institutions of higher edu- matics, which may include the ability to at- and inserting ‘‘2026’’; and cation that have not traditionally received tract women, minorities, and individuals (C) in subparagraph (C)— funds from the Foundation. with disabilities. (i) by striking ‘‘up to $2,500,000’’ and insert- (6) An increase of the term and funding, for (d) PROGRAM DESCRIPTION AND COMPO- ing ‘‘not less than $3,000,000’’; and a period of 3 years or less, as appropriate, to NENTS.—The Federal AI Scholarship-for- (ii) by striking ‘‘2022’’ and inserting ‘‘2026’’; a principal investigator that is a first-time Service Program shall— (8) in subsection (i)— grant awardee, when paired with regular (1) provide scholarships through qualified (A) by striking paragraph (3); and mentoring on the administrative aspects of institutions of higher education to students (B) by redesignating paragraphs (4) and (5) grant management. who are enrolled in programs of study at in- as paragraphs (3) and (4), respectively; and (c) LIMITATION.—As appropriate, each pilot stitutions of higher education leading to de- (9) in subsection (j)— program described in subsection (a) shall grees or concentrations in or related to the (A) by striking paragraph (1) and inserting work to reduce administrative burdens. artificial intelligence field; the following: (d) AGENCY-WIDE PROGRAMS.—Not later (2) provide the scholarship recipients with ‘‘(1) the term advanced-technology in- than 5 years after the date of enactment of summer internship opportunities, registered cludes technological fields such as advanced this division, the Director shall— internships, or other meaningful temporary manufacturing, agricultural-, biological- and (1) review the results of the pilot programs appointments in the Federal workforce fo- chemical-technologies, energy and environ- described in subsection (a); and cusing on AI projects or research; mental technologies, engineering tech- (2) develop agency-wide best practices from (3) prioritize the employment placement of nologies, information technologies, micro the pilot programs for implementation scholarship recipients in executive agencies; and nano-technologies, cybersecurity tech- across the Foundation, in order to fulfill the (4) identify opportunities to promote nologies, geospatial technologies, and new, requirement under section 3(e) of the Na- multi-disciplinary programs of study that in- emerging technology areas;’’; tional Science Foundation Act of 1950 (42 tegrate basic or advanced AI training with (B) in paragraph (4), by striking ‘‘separate U.S.C. 1862(e)). other fields of study, including those that bachelor-degree-granting institutions’’ and SEC. 2207. PUBLIC-PRIVATE PARTNERSHIPS. address the social, economic, legal, and eth- inserting ‘‘other entities’’; (a) IN GENERAL.—The Director shall pursue ical implications of human interaction with (C) by striking paragraph (7); partnerships with private industry, private AI systems; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2599 (5) support capacity-building education re- (A) fails to maintain an acceptable level of percentage that will apply to all eligible en- search programs that will enable postsec- academic standing at the applicable institu- tities, and may update this percentage as ondary educational institutions to expand tion of higher education, as determined by needed, in the determination of the Director. their ability to train the next-generation AI the Director; (n) EXCEPTIONS.—The Director may provide workforce, including AI researchers and (B) is dismissed from the applicable insti- for the partial or total waiver or suspension practitioners. tution of higher education for disciplinary of any service or payment obligation by an (e) SCHOLARSHIP AMOUNTS.—Each scholar- reasons; individual under this section whenever com- ship under subsection (d) shall be in an (C) withdraws from the eligible degree pro- pliance by the individual with the obligation amount that covers the student’s tuition and gram before completing the program; is impossible or would involve extreme hard- fees at the institution for not more than 3 (D) declares that the individual does not ship to the individual, or if enforcement of years and provides the student with an addi- intend to fulfill the post-award employment such obligation with respect to the indi- tional stipend. obligation under this section; or vidual would be unconscionable. (f) POST-AWARD EMPLOYMENT OBLIGA- (E) fails to fulfill the post-award employ- (o) PUBLIC INFORMATION.— TIONS.—Each scholarship recipient, as a con- ment obligation of the individual under this (1) EVALUATION.—The Director, in coordi- dition of receiving a scholarship under the section. nation with the Director of the Office of Per- program, shall enter into an agreement (j) MONITORING COMPLIANCE.—As a condi- sonnel Management, shall annually evaluate under which the recipient agrees to work for tion of participating in the program, a quali- and make public, in a manner that protects a period equal to the length of the scholar- fied institution of higher education shall— the personally identifiable information of ship, following receipt of the student’s de- (1) enter into an agreement with the Direc- scholarship recipients, information on the gree, in the AI mission of— tor to monitor the compliance of scholarship success of recruiting individuals for scholar- (1) an executive agency; recipients with respect to their post-award ships under this section and on hiring and re- (2) Congress, including any agency, entity, employment obligations; and taining those individuals in the public sector office, or commission established in the leg- (2) provide to the Director, on an annual AI workforce, including information on— islative branch; basis, the post-award employment docu- (A) placement rates; (3) an interstate agency; mentation required under subsection (i) for (B) where students are placed, including (4) a State, local, or Tribal government, scholarship recipients through the comple- job titles and descriptions; which may include instruction in AI-related tion of their post-award employment obliga- (C) salary ranges for students not released skill sets in a public school system; or tions. from obligations under this section; (k) AMOUNT OF REPAYMENT.— (5) a State, local, or Tribal government-af- (D) how long after graduation students are (1) LESS THAN 1 YEAR OF SERVICE.—If a cir- filiated nonprofit entity that is considered to placed; cumstance described in subsection (i)(2) oc- be critical infrastructure (as defined in sec- (E) how long students stay in the positions curs before the completion of 1 year of a tion 1016(e) of the USA Patriot Act (42 U.S.C. they enter upon graduation; post-award employment obligation under 5195c(e))). (F) how many students are released from (g) HIRING AUTHORITY.— this section, the total amount of scholarship obligations; and (1) APPOINTMENT IN EXCEPTED SERVICE.— awards received by the individual under this (G) what, if any, remedial training is re- Notwithstanding any provision of chapter 33 section shall— quired. of title 5, United States Code, governing ap- (A) be repaid; or (2) REPORTS.—The Director, in coordina- pointments in the competitive service, an (B) be treated as a loan to be repaid in action with the Office of Personnel Manage- executive agency may appoint an individual cordance with subsection (l). ment, shall submit, not less frequently than who has completed the eligible degree pro- (2) 1 OR MORE YEARS OF SERVICE.—If a cir- once every 3 years, to the Committee on gram for which a scholarship was awarded to cumstance described in subparagraph (D) or Homeland Security and Governmental Af- a position in the excepted service in the ex- (E) of subsection (i)(2) occurs after the com- fairs of the Senate, the Committee on Com- ecutive agency. pletion of 1 or more years of a post-award merce, Science, and Transportation of the (2) NONCOMPETITIVE CONVERSION.—Except employment obligation under this section, Senate, the Committee on Science, Space, as provided in paragraph (4), upon fulfill- the total amount of scholarship awards re- and Technology of the House of Representa- ment of the service term, an employee ap- ceived by the individual under this section, tives, and the Committee on Oversight and pointed under paragraph (1) may be con- reduced by the ratio of the number of years Reform of the House of Representatives a re- verted noncompetitively to term, career-con- of service completed divided by the number port, including the results of the evaluation ditional, or career appointment. of years of service required, shall— under paragraph (1) and any recent statistics (3) TIMING OF CONVERSION.—An executive (A) be repaid; or regarding the size, composition, and edu- agency may noncompetitively convert a (B) be treated as a loan to be repaid in ac- cational requirements of the Federal AI term employee appointed under paragraph cordance with subsection (l). workforce. (2) to a career-conditional or career appoint- (l) REPAYMENTS.—A loan described in sub- (3) RESOURCES.—The Director, in coordina- ment before the term appointment expires. section (k) shall— tion with the Director of the Office of Per- (4) AUTHORITY TO DECLINE CONVERSION.—An (1) be treated as a Federal Direct Unsub- sonnel Management, shall provide consoli- executive agency may decline to make the sidized Stafford Loan under part D of title IV dated and user-friendly online resources for noncompetitive conversion or appointment of the Higher Education Act of 1965 (20 U.S.C. prospective scholarship recipients, including, under paragraph (2) for cause. 1087a et seq.); and to the extent practicable— (h) ELIGIBILITY.—To be eligible to receive a (2) be subject to repayment, together with scholarship under this section, an individual interest thereon accruing from the date of (A) searchable, up-to-date, and accurate in- shall— the scholarship award, in accordance with formation about participating institutions of (1) be a citizen or lawful permanent resi- terms and conditions specified by the Direc- higher education and job opportunities re- dent of the United States; tor (in consultation with the Secretary of lated to the AI field; and (2) demonstrate a commitment to a career Education). (B) a modernized description of AI careers. in advancing the field of AI; (m) COLLECTION OF REPAYMENT.— (p) REFRESH.—Not less than once every 2 (3) be— (1) IN GENERAL.—In the event that a schol- years, the Director, in coordination with the (A) a full-time student in an eligible degree arship recipient is required to repay the Director of the Office of Personnel Manage- program at a qualified institution of higher scholarship award under this section, the ment, shall review and update the Federal AI education, as determined by the Director; qualified institution of higher education pro- Scholarship-for-Service Program to reflect (B) a student pursuing a degree on a less viding the scholarship shall— advances in technology. than full-time basis, but not less than half- (A) determine the repayment amounts and SEC. 2209. GEOGRAPHIC DIVERSITY. time basis; or notify the recipient and the Director of the (a) DIRECTORATE.—The Director shall use (C) an AI faculty member on sabbatical to amounts owed; and not less than 20 percent of the funds provided advance knowledge in the field; and (B) collect the repayment amounts within to the Directorate, for each fiscal year, to (4) accept the terms of a scholarship under a period of time as determined by the Direc- carry out the program under section 113 of this section. tor, or the repayment amounts shall be the National Science Foundation Authoriza- (i) CONDITIONS OF SUPPORT.— treated as a loan in accordance with sub- tion Act of 1988 (42 U.S.C. 1862g) for the pur- (1) IN GENERAL.—As a condition of receiv- section (l). poses of carrying out sections 2104, 2106, 2107, ing a scholarship under this section, a recipi- (2) RETURNED TO TREASURY.—Except as pro- 2108, and 2109 of this Act. ent shall agree to provide the qualified insti- vided in paragraph (3), any repayment under (b) NATIONAL SCIENCE FOUNDATION.—The tution of higher education with annual this subsection shall be returned to the Director shall use not less than 20 percent of verifiable documentation of post-award em- Treasury of the United States. the funds provided to the Foundation, for ployment and up-to-date contact informa- (3) RETAIN PERCENTAGE.—A qualified insti- each fiscal year, to carry out the program tion. tution of higher education may retain a per- under section 113 of the National Science (2) TERMS.—A scholarship recipient under centage of any repayment the institution Foundation Authorization Act of 1988 (42 this section shall be liable to the United collects under this subsection to defray ad- U.S.C. 1862g). States as provided in subsection (k) if the in- ministrative costs associated with the col- (c) DEPARTMENT OF ENERGY.—The Sec- dividual— lection. The Director shall establish a fixed retary of Energy shall use not less than 20

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2600 CONGRESSIONAL RECORD — SENATE May 18, 2021 percent of the funds provided to the Depart- (VII) designing and implementing profes- (A) A description of the target population ment of Energy under section 2117 for each sional development courses and experiences, to be served by the research activity or ac- fiscal year to carry out the program under including mentoring, for rural educators de- tivities for which such grant is sought. section 2203(b)(3) of the Energy Policy Act of scribed in subclause (I) that combine face-to- (B) A description of the process for recruit- 1992 (42 U.S.C. 13503(b)(3)). face and online experiences; and ment and selection of students, educators, or (d) CONSORTIA.—In the case of an award to (VIII) any other activity the Director de- schools from rural areas to participate in a consortium under this division, the Direc- termines will accomplish the goals of this such activity or activities. tor may count the entire award toward paragraph. (C) A description of how such activity or meeting the funding requirements of this (ii) RURAL STEM COLLABORATIVE.—The Di- activities may inform efforts to promote the section if the lead entity of the consortium rector shall establish a pilot program of re- engagement and achievement of rural stu- is located in a jurisdiction that is eligible to gional cohorts in rural areas that will pro- dents in prekindergarten through grade 12 in participate in the program under section 113 vide peer support, mentoring, and hands-on STEM studies. of the National Science Foundation Author- research experiences for rural STEM edu- (D) In the case of a proposal consisting of ization Act of 1988 (42 U.S.C. 1862g). In the cators of students in prekindergarten a partnership or partnerships with one or case of an award to a consortium under this through grade 12, in order to build an eco- more rural schools and one or more research- division, the Secretary may count the entire system of cooperation among educators, reers, a plan for establishing a sustained part- award toward meeting the funding require- searchers, academia, and local industry. nership that is jointly developed and man- ments of this section if the lead entity of the (2) BROADENING PARTICIPATION OF RURAL aged, draws from the capacities of each part- consortium is located in a jurisdiction that STUDENTS IN STEM.— ner, and is mutually beneficial. is eligible to participate in the program (A) IN GENERAL.—The Director shall pro- (4) PARTNERSHIPS.—In awarding grants under section 2203(b)(3) of the Energy Policy vide grants on a merit-reviewed, competitive under paragraph (1) or (2), the Director Act of 1992 (42 U.S.C. 13503(b)(3)). basis to institutions of higher education or shall— SEC. 2210. RURAL STEM EDUCATION ACT. nonprofit organizations (or a consortium (A) encourage applicants which, for the (a) DEFINITIONS.—In this section: thereof) for— purpose of the activity or activities funded (1) FEDERAL LABORATORY.—The term ‘‘Fed- (i) research and development of program- through the grant, include or partner with a eral laboratory’’ has the meaning given such ming to identify the barriers rural students nonprofit organization or an institution of term in section 4 of the Stevenson-Wydler face in accessing high-quality STEM edu- higher education (or a consortium thereof) Technology Innovation Act of 1980 (15 U.S.C. cation; and that has extensive experience and expertise 3703). (ii) development of innovative solutions to in increasing the participation of rural stu- (2) INSTITUTION OF HIGHER EDUCATION.—The improve the participation and advancement dents in prekindergarten through grade 12 in term ‘‘institution of higher education’’ has of rural students in prekindergarten through STEM; and the meaning given such term in section grade 12 in STEM studies. (B) encourage applicants which, for the 101(a) of the Higher Education Act of 1965 (20 (B) USE OF FUNDS.— purpose of the activity or activities funded U.S.C. 1001(a)). (i) IN GENERAL.—Grants awarded under this through the grant, include or partner with a (3) STEM.—The term ‘‘STEM’’ has the paragraph shall be used for the research and consortium of rural schools or rural school meaning given the term in section 2 of the development activities referred to in sub- districts. America COMPETES Reauthorization Act of paragraph (A), which may include— (5) EVALUATIONS.—All proposals for grants 2010 (42 U.S.C. 6621 note). (I) developing partnerships with commu- under paragraphs (1) and (2) shall include an (4) STEM EDUCATION.—The term ‘‘STEM nity colleges to offer advanced STEM course evaluation plan that includes the use of out- education’’ has the meaning given the term work, including computer science, to rural come-oriented measures to assess the impact in section 2 of the STEM Education Act of high school students; and efficacy of the grant. Each recipient of a 2015 (42 U.S.C. 6621 note). grant under this subsection shall include re- (II) supporting research on effective STEM (b) NATIONAL SCIENCE FOUNDATION RURAL sults from these evaluative activities in an- practices in rural settings; STEM ACTIVITIES.— nual and final projects. (III) implementing a school-wide STEM ap- (1) PREPARING RURAL STEM EDUCATORS.— (6) ACCOUNTABILITY AND DISSEMINATION.— proach; (A) IN GENERAL.—The Director shall pro- (A) EVALUATION REQUIRED.—The Director (IV) improving the Foundation’s Advanced vide grants on a merit-reviewed, competitive shall evaluate the portfolio of grants award- Technology Education program’s coordina- basis to institutions of higher education or ed under paragraphs (1) and (2). Such evaluation and engagement with rural commu- nonprofit organizations (or a consortium tion shall— nities; thereof) for research and development to ad- (i) assess the results of research conducted (V) collaborating with existing community vance innovative approaches to support and under such grants and identify best prac- partners and networks, such as the Coopera- sustain high-quality STEM teaching in rural tices; and schools. tive Extension System services and extra- (ii) to the extent practicable, integrate the mural research programs of the Department (B) USE OF FUNDS.— findings of research resulting from the activ- of Agriculture and youth serving organiza- (i) IN GENERAL.—Grants awarded under this ity or activities funded through such grants paragraph shall be used for the research and tions like 4–H, after school STEM programs, with the findings of other research on rural development activities referred to in sub- and summer STEM programs, to leverage students’ pursuit of degrees or careers in paragraph (A), which may include— community resources and develop place- STEM. (I) engaging rural educators of students in based programming; (B) REPORT ON EVALUATIONS.—Not later prekindergarten through grade 12 in profes- (VI) connecting rural school districts and than 180 days after the completion of the sional learning opportunities to enhance institutions of higher education, to improve evaluation under subparagraph (A), the Di- STEM knowledge, including computer precollegiate STEM education and engage- rector shall submit to Congress and make science, and develop best practices; ment; widely available to the public a report that (II) supporting research on effective STEM (VII) supporting partnerships that offer includes— teaching practices in rural settings, includ- hands-on inquiry-based science activities, in- (i) the results of the evaluation; and ing the use of rubrics and mastery-based cluding coding, and access to lab resources (ii) any recommendations for administra- grading practices to assess student perform- for students studying STEM in prekinder- tive and legislative action that could opti- ance when employing the transdisciplinary garten through grade 12 in a rural area; mize the effectiveness of the grants awarded teaching approach for STEM disciplines; (VIII) evaluating the role of broadband under this subsection. (III) designing and developing pre-service connectivity and its associated impact on (7) REPORT BY COMMITTEE ON EQUAL OPPOR- and in-service training resources to assist the STEM and technology literacy of rural TUNITIES IN SCIENCE AND ENGINEERING.—As such rural educators in adopting students; part of the first report required by section transdisciplinary teaching practices across (IX) building capacity to support extra- 36(e) of the Science and Engineering Equal STEM courses; curricular STEM programs in rural schools, Opportunities Act (42 U.S.C. 1885c(e)) trans- (IV) coordinating with local partners to including mentor-led engagement programs, mitted to Congress after the date of enact- adapt STEM teaching practices to leverage STEM programs held during nonschool ment of this division, the Committee on local, natural, and community assets in hours, STEM networks, makerspaces, coding Equal Opportunities in Science and Engi- order to support in-place learning in rural activities, and competitions; and neering shall include— areas; (X) any other activity the Director deter- (A) a description of past and present poli- (V) providing hands-on training and re- mines will accomplish the goals of this para- cies and activities of the Foundation to en- search opportunities for rural educators de- graph. courage full participation of students in scribed in subclause (I) at Federal labora- (3) APPLICATION.—An applicant seeking a rural communities in science, mathematics, tories or institutions of higher education, or grant under paragraph (1) or (2) shall submit engineering, and computer science fields; in industry; an application at such time, in such manner, and (VI) developing training and best practices and containing such information as the Di- (B) an assessment of the policies and ac- for educators who teach multiple grade lev- rector may require. The application may in- tivities of the Foundation, along with pro- els within a STEM discipline; clude the following: posals for new strategies or the broadening

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2601 of existing successful strategies towards fa- Director shall enter into an agreement with (I) by striking ‘‘and local colleges’’ and in- cilitating the goal of increasing participa- the National Academies of Sciences, Engi- serting the following: ‘‘local high schools tion of rural students in prekindergarten neering, and Medicine under which the Na- and local colleges, including those in under- through grade 12 in Foundation activities. tional Academies agree to conduct an eval- served and rural communities,’’; and (8) COORDINATION.—In carrying out this uation and assessment that— (II) by inserting ‘‘or other applied learning subsection, the Director shall, for purposes (A) evaluates the quality and quantity of opportunities’’ after ‘‘apprenticeships’’; and of enhancing program effectiveness and current Federal programming and research (B) in subsection (d)(3), by striking ‘‘, com- avoiding duplication of activities, consult, directed at examining STEM education for munity colleges, and area career and tech- cooperate, and coordinate with the programs students in prekindergarten through grade 12 nical education schools,’’ and inserting the and policies of other relevant Federal agen- and workforce development in rural areas; following: ‘‘and local high schools, commu- cies. (B) in coordination with the Federal Com- nity colleges, and area career and technical (c) OPPORTUNITIES FOR ONLINE EDU- munications Commission, assesses the im- education schools, including those in under- CATION.— pact that the scarcity of broadband served and rural communities,’’. (1) IN GENERAL.—The Director shall award connectivity in rural communities, and the (2) RURAL CONNECTIVITY PRIZE COMPETI- competitive grants to institutions of higher affordability of broadband connectivity, TION.— education or nonprofit organizations (or a have on STEM and technical literacy for stu- (A) PRIZE COMPETITION.—Pursuant to sec- consortium thereof, which may include a pri- dents in prekindergarten through grade 12 in tion 24 of the Stevenson-Wydler Technology vate sector partner) to conduct research on rural areas; Innovation Act of 1980 (15 U.S.C. 3719), the online STEM education courses for rural (C) assesses the core research and data Secretary of Commerce shall carry out a pro- communities. needed to understand the challenges rural gram to award prizes competitively to stim- (2) RESEARCH AREAS.—The research areas areas are facing in providing quality STEM ulate research and development of creative eligible for funding under this subsection education and workforce development; technologies to support the deployment of shall include— (D) makes recommendations for action at affordable and reliable broadband (A) evaluating the learning and achieve- the Federal, State, and local levels for im- connectivity in rural communities, including ment of rural students in prekindergarten proving STEM education, including online unserved rural communities. through grade 12 in STEM subjects; STEM education, for students in prekinder- (B) PLAN FOR DEPLOYMENT IN RURAL COMMU- (B) understanding how computer-based and garten through grade 12 and workforce devel- NITIES.—Each proposal submitted pursuant online professional development courses and opment in rural areas; and to subparagraph (A) shall include a proposed mentor experiences can be integrated to (E) makes recommendations to inform the plan for deployment of the technology that meet the needs of educators of rural students implementation of programs in subsections is the subject of such proposal. in prekindergarten through grade 12; (a), (b), and (c). (C) PRIZE AMOUNT.—In carrying out the (C) combining computer-based and online (2) REPORT TO DIRECTOR.—The agreement program under subparagraph (A), the Sec- STEM education and training with appren- entered into under paragraph (1) shall re- retary may award not more than a total of ticeships, mentoring, or other applied learn- quire the National Academies of Sciences, $5,000,000 to one or more winners of the prize ing arrangements; Engineering, and Medicine, not later than 24 competition. (D) leveraging online programs to supple- months after the date of enactment of this (D) REPORT.—Not later than 60 days after ment STEM studies for rural students that division, to submit to the Director a report the date on which a prize is awarded under need physical and academic accommodation; on the study conducted under such para- the prize competition, the Secretary shall and graph, including the National Academies’ submit to the relevant committees of Con- (E) any other activity the Director deter- findings and recommendations. gress a report that describes the winning mines will accomplish the goals of this sub- (e) GAO REVIEW.—Not later than 3 years proposal of the prize competition. section. after the date of enactment of this division, (E) CONSULTATION.—In carrying out the (3) EVALUATIONS.—All proposals for grants the Comptroller General of the United States program under this paragraph, the Secretary under this subsection shall include an eval- shall conduct a study on the engagement of shall consult with the Federal Communica- uation plan that includes the use of out- rural populations in Federal STEM programs tions Commission and the heads of relevant come-oriented measures to assess the impact and submit to Congress a report that in- departments and agencies of the Federal and efficacy of the grant. Each recipient of a cludes— Government. grant under this subsection shall include re- (1) an assessment of how Federal STEM SEC. 2211. QUANTUM NETWORK INFRASTRUC- sults from these evaluative activities in an- education programs are serving rural popu- TURE AND WORKFORCE DEVELOP- nual and final projects. lations; MENT ACT. (4) ACCOUNTABILITY AND DISSEMINATION.— (2) a description of initiatives carried out (a) DEFINITIONS.—In this section: (A) EVALUATION REQUIRED.—The Director by Federal agencies that are targeted at sup- (1) ESEA DEFINITIONS.—The terms ‘‘ele- shall evaluate the portfolio of grants award- porting STEM education in rural areas; mentary school’’, ‘‘high school’’, ‘‘local edu- ed under this subsection. Such evaluation (3) an assessment of what is known about cational agency’’, and ‘‘secondary school’’ shall— the impact and effectiveness of Federal in- have the meanings given those terms in sec- (i) use a common set of benchmarks and vestments in STEM education programs that tion 8101 of the Elementary and Secondary tools to assess the results of research con- are targeted to rural areas; and Education Act of 1965 (20 U.S.C. 7801). ducted under such grants and identify best (4) an assessment of challenges that State (2) APPROPRIATE COMMITTEES OF CON- practices; and and Federal STEM education programs face GRESS.—The term ‘‘appropriate committees (ii) to the extent practicable, integrate in reaching rural population centers. of Congress’’ has the meaning given such findings from activities carried out pursuant (f) CAPACITY BUILDING THROUGH EPSCOR.— term in section 2 of the National Quantum to research conducted under this subsection, Section 517(f)(2) of the America COMPETES Initiative Act (15 U.S.C. 8801). with respect to the pursuit of careers and de- Reauthorization Act of 2010 (42 U.S.C. 1862p– (3) INTERAGENCY WORKING GROUP.—The grees in STEM, with those activities carried 9(f)(2)) is amended— term ‘‘Interagency Working Group’’ means out pursuant to other research on serving (1) in subparagraph (A), by striking ‘‘and’’ the QIS Workforce Working Group under the rural students and communities. at the end; and Subcommittee on Quantum Information (B) REPORT ON EVALUATIONS.—Not later (2) by adding at the end the following: Science of the National Science and Tech- than 180 days after the completion of the ‘‘(C) to increase the capacity of rural com- nology Council. evaluation under subparagraph (A), the Di- munities to provide quality STEM education (4) Q2WORK PROGRAM.—The term ‘‘Q2Work rector shall submit to Congress and make and STEM workforce development program- Program’’ means the Q2Work Program sup- widely available to the public a report that ming to students and teachers; and’’. ported by the Foundation. includes— (g) NIST ENGAGEMENT WITH RURAL COMMU- (5) QUANTUM INFORMATION SCIENCE.—The (i) the results of the evaluation; and NITIES.— term ‘‘quantum information science’’ has the (ii) any recommendations for administra- (1) MEP OUTREACH.—Section 25 of the Na- meaning given such term in section 2 of the tive and legislative action that could opti- tional Institute of Standards and Technology National Quantum Initiative Act (15 U.S.C. mize the effectiveness of the grants awarded Act (15 U.S.C. 278k) is amended— 8801). under this subsection. (A) in subsection (c)— (6) STEM.—The term ‘‘STEM’’ has the (5) COORDINATION.—In carrying out this (i) in paragraph (6), by striking ‘‘commu- meaning given the term in section 2 of the subsection, the Director shall, for purposes nity colleges and area career and technical America COMPETES Reauthorization Act of of enhancing program effectiveness and education schools’’ and inserting the fol- 2010 (42 U.S.C. 6621 note). avoiding duplication of activities, consult, lowing: ‘‘secondary schools (as defined in (b) QUANTUM NETWORKING WORKING GROUP cooperate, and coordinate with the programs section 8101 of the Elementary and Sec- REPORT ON QUANTUM NETWORKING AND COM- and policies of other relevant Federal agen- ondary Education Act of 1965 (20 U.S.C. MUNICATIONS.— cies. 7801)), community colleges, and area career (1) REPORT.—Not later than 3 years after (d) NATIONAL ACADEMIES OF SCIENCES, EN- and technical education schools, including the date of the enactment of this division, GINEERING, AND MEDICINE EVALUATION.— those in underserved and rural commu- the Quantum Networking Working Group (1) STUDY.—Not later than 12 months after nities,’’; and within the Subcommittee on Quantum Infor- the date of enactment of this division, the (ii) in paragraph (7)— mation Science of the National Science and

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(3) COORDINATION.—In carrying out this quantum networking and communications (d) QUANTUM WORKFORCE EVALUATION AND subsection, the Foundation, including the technology in the United States, building on ACCELERATION.— STEM Education Advisory Panel and the Ad- A Strategic Vision for America’s Quantum (1) IDENTIFICATION OF GAPS.—The Founda- vancing Informal STEM Learning program Networks and A Coordinated Approach for tion shall enter into an agreement with the and through the Foundation’s role in the Na- Quantum Networking Research. National Academies of Sciences, Engineer- tional Q–12 Education Partnership and the (2) REQUIREMENTS.—The report under para- ing, and Medicine to conduct a study of ways programs such as the Q2Work Program, shall graph (1) shall include— to support the next generation of quantum coordinate with the Office of Science and (A) a framework for interagency collabora- leaders. Technology Policy, EPSCoR eligible univer- tion on the advancement of quantum net- (2) SCOPE OF STUDY.—In carrying out the sities, and any Federal agencies or working working and communications research; study described in paragraph (1), the Na- groups determined necessary by the Founda- (B) a plan for interagency collaboration on tional Academies of Sciences, Engineering, tion. the development and drafting of inter- and Medicine shall identify— (4) REVIEW.—In implementing this subnational standards for quantum communica- (A) education gaps, including foundational section, the Foundation shall support the tions technology, including standards relat- courses in STEM and areas in need of stand- community expansion of the related report ing to— ardization, in elementary school, middle entitled Key Concepts for Future QIS Learn- (i) quantum cryptography and post-quan- school, high school, and higher education ers (May 2020). tum classical cryptography; curricula, that need to be rectified in order (f) QUANTUM EDUCATION PILOT PROGRAM.— (ii) network security; to prepare students to participate in the (1) IN GENERAL.—The Foundation, through (iii) quantum network infrastructure; quantum workforce; the Foundation’s role in the National Q–12 (iv) transmission of quantum information (B) the skills and workforce needs of indus- Education Partnership and programs such as through optical fiber networks; and try, specifically identifying the cross-dis- Q2Work Program, and in coordination with (v) any other technologies considered ap- ciplinary academic degrees or academic the Directorate for Education and Human propriate by the Working Group; courses necessary— (C) a proposal for the protection of na- Resources, shall carry out a pilot program, (i) to qualify students for multiple career tional security interests relating to the ad- to be known as the Next Generation Quan- pathways in quantum information sciences vancement of quantum networking and com- tum Leaders Pilot Program, to provide fund- and related fields; munications technology; ing for the education and training of the (ii) to ensure the United States is competi- (D) recommendations to Congress for legis- next generation of students in the funda- tive in the field of quantum information lative action relating to the framework, mental principles of quantum mechanics. science while preserving national security; plan, and proposal set forth pursuant to sub- (2) REQUIREMENTS.— and paragraphs (A), (B), and (C), respectively; (A) IN GENERAL.—In carrying out the pilot (iii) to support the development of quan- and program required by paragraph (1), the Foun- (E) such other matters as the Working tum applications; and dation shall— Group considers necessary to advance the se- (C) the resources and materials needed to (i) publish a call for applications through curity of communications and network infra- train elementary, middle, and high school the National Q–12 Education Partnership structure, remain at the forefront of sci- educators to effectively teach curricula rel- website (or similar website) for participation entific discovery in the quantum informa- evant to the development of a quantum in the pilot program from elementary tion science domain, and transition quantum workforce. schools, secondary schools, and State edu- information science research into the emerg- (3) REPORTS.— cational agencies as determined appropriate ing quantum technology economy. (A) EXECUTIVE SUMMARY.—Not later than 2 by the Foundation; (c) QUANTUM NETWORKING AND COMMUNICA- years after the date of enactment of this di- (ii) coordinate with educational service TIONS RESEARCH.— vision, the National Academies of Science, agencies, associations that support STEM (1) RESEARCH.—The Under Secretary of Engineering, and Medicine shall prepare and educators or local educational agencies, and Commerce for Standards and Technology submit to the Foundation, and programs or partnerships through the Q–12 Education shall carry out research to facilitate the de- projects funded by the Foundation, an execu- Partnership, to encourage elementary velopment and standardization of quantum tive summary of progress regarding the schools, secondary schools, and State edu- networking and communications tech- study conducted under paragraph (1) that cational agencies to participate in the pro- nologies and applications, including research outlines the findings of the Academies as of gram as determined appropriate by the on the following: such date. Foundation; (A) Quantum cryptography and post-quan- (B) REPORT.—Not later than 3 years after (iii) accept applications in advance of the tum classical cryptography. the date of enactment of this division, the academic year in which the program shall (B) Quantum repeater technology. National Academies of Science, Engineering, begin; and (C) Quantum network traffic management. and Medicine shall prepare and submit a re- (iv) select elementary schools, secondary (D) Quantum transduction. port containing the results of the study con- schools, and State educational agencies to (E) Long baseline entanglement and ducted under paragraph (1) to Congress, the participate in the program, as determined teleportation. Foundation, and programs or projects funded appropriate by the Foundation, in accord- (F) Such other technologies, processes, or by the Foundation that are relevant to the ance with qualifications determined by the applications as the Under Secretary con- acceleration of a quantum workforce. QIS Workforce Working Group, in coordina- siders appropriate. (e) INCORPORATING QISE INTO STEM CUR- tion with the National Q–12 Education Part- (2) IMPLEMENTATION.—The Under Secretary RICULUM.— nership. shall carry out the research required by (1) IN GENERAL.—The Foundation shall, (B) PRIORITIZATION.—In selecting program paragraph (1) through such divisions, labora- through programs carried out or supported participants under subparagraph (A)(iv), the tories, offices and programs of the National by the Foundation, prioritize the better inte- Director of the Foundation shall give pri- Institute of Standards and Technology as the gration of quantum information science and ority to elementary schools, secondary Under Secretary considers appropriate and engineering (referred to in this subsection as schools, and local educational agencies lo- actively engaged in activities relating to QISE) into the STEM curriculum for each cated in jurisdictions eligible to participate quantum information science. grade level from kindergarten through grade in the Established Program to Stimulate (3) DEVELOPMENT OF STANDARDS.—For 12, and community colleges. Competitive Research (commonly known as quantum technologies deemed by the Under (2) REQUIREMENTS.—The curriculum inte- EPSCoR), including Tribal and rural elemen- Secretary to be at a readiness level suffi- gration under paragraph (1) shall include— tary, middle, and high schools in such juris- cient for standardization, the Under Sec- (A) methods to conceptualize QISE for ele- dictions. retary shall provide technical review and as- mentary, middle, and high school curricula; (3) CONSULTATION.—The Foundation shall sistance to such other Federal agencies as (B) methods for strengthening carry out this subsection in consultation the Under Secretary considers appropriate foundational mathematics and science cur- with the QIS Workforce Working Group and for the development of quantum network in- ricula; the Advancing Informal STEM Learning Pro- frastructure standards. (C) age-appropriate materials that apply gram. (4) AUTHORIZATION OF APPROPRIATIONS.— the principles of quantum information (4) REPORTING.— (A) IN GENERAL.—There is authorized to be science in STEM fields; (A) REPORT AND SELECTED PARTICIPANTS.— appropriated to the Scientific and Technical (D) recommendations for the standardiza- Not later than 90 days following the closing Research and Services account of the Na- tion of key concepts, definitions, and cur- of the application period under paragraph tional Institute of Standards and Technology riculum criteria across government, aca- (2)(A)(iii), the Director of the Foundation to carry out this subsection $10,000,000 for demia, and industry; and shall submit to Congress a report on the edu- each of fiscal years 2022 through 2026. (E) materials that specifically address the cational institutions selected to participate (B) SUPPLEMENT, NOT SUPPLANT.—The findings and outcomes of the study con- in the pilot program required under para- amounts authorized to be appropriated under ducted under subsection (d) and strategies to graph (1), specifying the percentage from

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nontraditional geographies, including Tribal (d) REPORTS FROM GRANTEES.—Not later (F) control systems design and or rural school districts. than 180 days after the end of the pilot pro- connectivity, such as smart irrigation con- (B) REPORT ON IMPLEMENTATION OF CUR- gram under this section, each early-career trol systems; and RICULUM.—Not later than 2 years after the investigator who receives a grant under the (G) data management software and ad- date of enactment of this division, the Direc- pilot program shall submit a report to the vanced analytics that can assist decision tor of the Foundation shall submit to Con- Director that describes how the early-career making and improve agricultural outcomes; gress a report on implementation of the cur- investigator used the grant funds. and ricula and materials under the pilot pro- (e) REPORT TO CONGRESS.—Not later than (2) a review of Federal programs that program, including the feasibility and advis- 180 days after the deadline for the submis- vide support for precision agriculture re- ability of expanding such pilot program to sion of the reports described in subsection search, development, adoption, education, or include additional educational institutions (d), the Director shall submit a report to the training, in existence on the date of enact- beyond those originally selected to partici- Committee on Commerce, Science, and ment of this section. pate in the pilot program. Transportation of the Senate and the Com- SEC. 2214. CRITICAL MINERALS MINING RE- (5) AUTHORIZATION OF APPROPRIATIONS.— mittee on Science, Space, and Technology of SEARCH. There is authorized to be appropriated such the House of Representatives that contains a (a) CRITICAL MINERALS MINING RESEARCH funds as may be necessary to carry out this summary of the uses of grant funds under AND DEVELOPMENT AT THE FOUNDATION.— subsection. this section and the impact of the pilot pro- (1) IN GENERAL.—In order to support supply (6) TERMINATION.—This subsection shall gram under this section. chain resiliency, the Director shall issue cease to have effect on the date that is 3 SEC. 2213. ADVANCING PRECISION AGRICULTURE awards, on a competitive basis, to institu- years after the date of the enactment of this CAPABILITIES ACT. tions of higher education or nonprofit orga- division. (a) SHORT TITLE.—This section may be nizations (or consortia of such institutions (g) ENERGY SCIENCES NETWORK.— cited as the ‘‘Advancing IoT for Precision or organizations) to support basic research (1) IN GENERAL.—The Secretary of Energy Agriculture Act of 2021’’. that will accelerate innovation to advance (referred to in this subsection as the Sec- (b) PURPOSE.—It is the purpose of this sec- critical minerals mining strategies and tech- retary), in coordination with the National tion to promote scientific research and de- nologies for the purpose of making better use Science Foundation and the National Aero- velopment opportunities for connected tech- of domestic resources and eliminating na- nautics and Space Administration, shall sup- nologies that advance precision agriculture tional reliance on minerals and mineral ma- plement the Energy Sciences Network User capabilities. terials that are subject to supply disrup- Facility (referred to in this subsection as the (c) FOUNDATION DIRECTIVE ON AGRICUL- tions. Network) with dedicated quantum network TURAL SENSOR RESEARCH.—In awarding (2) USE OF FUNDS.—Activities funded by an infrastructure to advance development of grants under the sensor systems and award under this section may include— quantum networking and communications networked systems programs of the Founda- (A) advancing mining research and devel- technology. tion, the Director shall include in consider- opment activities to develop new mapping (2) PURPOSE.—The purpose of paragraph (1) ation of portfolio balance research and devel- and mining technologies and techniques, in- is to utilize the Network to advance a broad opment on sensor connectivity in environ- cluding advanced critical mineral extraction range of testing and research, including re- ments of intermittent connectivity and and production, to improve existing or to de- lating to— intermittent computation— velop new supply chains of critical minerals, (A) the establishment of stable, long-base- (1) to improve the reliable use of advance and to yield more efficient, economical, and line quantum entanglement and sensing systems in rural and agricultural environmentally benign mining practices; teleportation; areas; and (B) advancing critical mineral processing (B) quantum repeater technologies for (2) that considers— research activities to improve separation, long-baseline communication purposes; (A) direct gateway access for locally stored alloying, manufacturing, or recycling tech- (C) quantum transduction; data; niques and technologies that can decrease (D) the coexistence of quantum and clas- (B) attenuation of signal transmission; the energy intensity, waste, potential envi- sical information; (C) loss of signal transmission; and ronmental impact, and costs of those activi- (E) multiplexing, forward error correction, (D) at-scale performance for wireless ties; wavelength routing algorithms, and other power. (C) conducting long-term earth observa- quantum networking infrastructure; and (d) UPDATING CONSIDERATIONS FOR PRECI- tion of reclaimed mine sites, including the (F) any other technologies or applications SION AGRICULTURE TECHNOLOGY WITHIN THE study of the evolution of microbial diversity determined necessary by the Secretary. NSF ADVANCED TECHNICAL EDUCATION PRO- at such sites; (3) AUTHORIZATION OF APPROPRIATIONS.— GRAM.—Section 3 of the Scientific and Ad- (D) examining the application of artificial There are authorized to be appropriated to vanced-Technology Act of 1992 (42 U.S.C. intelligence for geological exploration of the Secretary to carry out this subsection, 1862i), as amended by section 2205, is further critical minerals, including what size and di- $10,000,000 for each of fiscal years 2022 amended— versity of data sets would be required; through 2026. (1) in subsection (d)(2), by adding at the (E) examining the application of machine SEC. 2212. SUPPORTING EARLY-CAREER RE- end the following: learning for detection and sorting of critical SEARCHERS ACT. ‘‘(G) applications that incorporate distance minerals, including what size and diversity (a) SHORT TITLE.—This section may be learning tools and approaches.’’; and of data sets would be required; cited as the ‘‘Supporting Early-Career Re- (2) in subsection (e)(3)— (F) conducting detailed isotope studies of searchers Act’’. (A) in subparagraph (C), by striking ‘‘and’’ critical minerals and the development of (b) IN GENERAL.—The Director may estab- after the semicolon; more refined geologic models; or lish a 2-year pilot program to award grants (B) in subparagraph (D), by striking the pe- (G) providing training and research oppor- to highly qualified early-career investigators riod at the end and inserting ‘‘; and’’; and tunities to undergraduate and graduate stu- to carry out an independent research pro- (C) by adding at the end the following: dents to prepare the next generation of min- gram at the institution of higher education ‘‘(E) applications that incorporate distance ing engineers and researchers. or participating Federal research facility learning tools and approaches.’’. (b) CRITICAL MINERALS INTERAGENCY SUB- chosen by such investigator, to last for a pe- (e) GAO REVIEW.—Not later than 18 months COMMITTEE.— riod not greater than 2 years. after the date of enactment of this section, (1) IN GENERAL.—In order to support supply (c) PRIORITY FOR BROADENING PARTICIPA- the Comptroller General of the United States chain resiliency, the Critical Minerals Sub- TION.—In awarding grants under this section, shall provide— committee of the National Science and Tech- the Director shall give priority to— (1) a technology assessment of precision nology Council (referred to in this subsection (1) early-career investigators who are from agriculture technologies, such as the exist- as the Subcommittee) shall coordinate Fed- groups that are underrepresented in science, ing use of— eral science and technology efforts to ensure technology, engineering, and mathematics (A) sensors, scanners, radio-frequency iden- secure and reliable supplies of critical min- research; tification, and related technologies that can erals to the United States. (2) early-career investigators who choose monitor soil properties, irrigation condi- (2) PURPOSES.—The purposes of the Sub- to carry out independent research at a mi- tions, and plant physiology; committee shall be— nority-serving institution (or an institution (B) sensors, scanners, radio-frequency iden- (A) to advise and assist the Committee on of higher education with an established tification, and related technologies that can Homeland and National Security and the Na- STEM capacity building program focused on monitor livestock activity and health; tional Science and Technology Council on traditionally underrepresented populations (C) network connectivity and wireless United States policies, procedures, and plans in STEM, including Native Hawaiians, Alas- communications that can securely support as it relates to critical minerals, including— ka Natives, and Indians); and digital agriculture technologies in rural and (i) Federal research, development, and de- (3) early-career investigators in a jurisdic- remote areas; ployment efforts to optimize methods for ex- tion eligible to participate under section 113 (D) aerial imagery generated by satellites tractions, concentration, separation, and pu- of the National Science Foundation Author- or unmanned aerial vehicles; rification of conventional, secondary, and ization Act of 1988 (42 U.S.C. 1862g). (E) ground-based robotics; unconventional sources of critical minerals;

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(ii) efficient use and reuse of critical min- (1) ESTABLISHMENT.—The Secretary of (d) DATA ON USAGE.—Federal science agen- erals; Commerce, in consultation with the Director cies shall consider— (iii) the critical minerals workforce of the and the Secretary of the Interior, shall es- (1) collecting data on the usage of the poli- United States; and tablish a grant program to finance pilot cies under subsection (c), at both institu- (iv) United States private industry invest- projects for the development of critical min- tions of higher education and Federal labora- ments in innovation and technology transfer erals and metals in the United States. tories; and from federally funded science and tech- (2) LIMITATION ON GRANT AWARDS.—A grant (2) reporting such data on an annual basis nology; awarded under paragraph (1) may not exceed to the Director of the Office of Science and (B) to identify emerging opportunities, $10,000,000. Technology Policy in such form as required stimulate international cooperation, and fos- (3) ECONOMIC VIABILITY.—In awarding by the Director of the Office of Science and ter the development of secure and reliable grants under paragraph (1), the Secretary of Technology Policy. supply chains of critical minerals; Commerce shall give priority to projects (e) SAVINGS.— (C) to ensure the transparency of informa- that the Secretary of Commerce determines (1) PRIVACY.—This section shall be carried tion and data related to critical minerals; are likely to be economically viable over the out in accordance with all relevant privacy and long term. laws. (D) to provide recommendations on coordi- (4) SECONDARY RECOVERY.—In awarding (2) INSTITUTIONS.—This section shall not af- nation and collaboration among the re- grants under paragraph (1), the Secretary of fect the grantee institution’s institutional search, development, and deployment pro- Commerce shall seek to award not less than policies. grams and activities of Federal agencies to 30 percent of the total amount of grants (f) DEFINITION OF FEDERAL SCIENCE AGEN- promote a secure and reliable supply of crit- awarded during the fiscal year for projects CY.—In this section, the term ‘‘Federal ical minerals necessary to maintain national relating to secondary recovery of critical science agency’’ means any Federal agency security, economic well-being, and industrial minerals and metals. with an annual extramural research expendi- production. (5) AUTHORIZATION OF APPROPRIATIONS.— ture of over $100,000,000. (3) RESPONSIBILITIES.—In carrying out There is authorized to be appropriated to the paragraphs (1) and (2), the Subcommittee Secretary of Commerce $100,000,000 for each SEC. 2216. PRESIDENTIAL AWARDS. may, taking into account the findings and of fiscal years 2021 through 2024 to carry out (a) IN GENERAL.—The President is author- recommendations of relevant advisory com- the grant program established under para- ized to make Presidential Awards for Excel- mittees— graph (1). lence in Technology and Science Research to (A) provide recommendations on how Fed- (d) DEFINITIONS.—In this section: researchers in underrepresented populations, eral agencies may improve the topographic, (1) CRITICAL MINERAL; CRITICAL MINERAL OR including women and underrepresented mi- geologic, and geophysical mapping of the METAL.—The terms ‘‘critical mineral’’ and norities, who have demonstrated outstanding United States and improve the ‘‘critical mineral or metal’’ include any host achievements in technology or science re- discoverability, accessibility, and usability mineral of a critical mineral (within the search. of the resulting and existing data, to the ex- meaning of those terms in section 7002 of (b) NUMBER AND DISTRIBUTION OF AWARD tent permitted by law and subject to appro- title VII of division Z of the Consolidated RECIPIENTS.—If the President elects to make priate limitation for purposes of privacy and Appropriations Act, 2021 (Public Law 116– Presidential Awards for Excellence in Tech- security; 260)). nology and Science Research under sub- (B) assess the progress toward developing (2) SECONDARY RECOVERY.—The term ‘‘sec- section (a), the President shall make no critical minerals recycling and reprocessing ondary recovery’’ means the recovery of crit- fewer than 104 Awards. In selecting research- technologies, and technological alternatives ical minerals and metals from discarded end- ers for the Awards, the President shall select to critical minerals; use products or from waste products pro- at least 2 researchers— (C) examine options for accessing and de- duced during the metal refining and manu- (1) from each of the States; veloping critical minerals through invest- facturing process, including from mine waste (2) from the District of Columbia; and ment and trade with allies and partners of piles, acid mine drainage sludge, or byprod- (3) from the Commonwealth of Puerto the United States and provide recommenda- ucts produced through legacy mining and Rico. tions; metallurgy activities. (c) SELECTION PROCEDURES.—The President (D) evaluate and provide recommendations SEC. 2215. CAREGIVER POLICIES. shall carry out this section, including the es- to incentivize the development and use of ad- (a) OSTP GUIDANCE.—Not later than 6 tablishment of the selection procedures, vances in science and technology in the pri- months after the date of enactment of this after consultation with the Director of the vate industry; division, the Director of the Office of Science Office of Science and Technology Policy and (E) assess the need for and make rec- and Technology Policy, in consultation with other appropriate officials of Federal agen- ommendations to address the challenges the relevant agencies, shall provide guidance to cies. United States critical minerals supply chain each Federal science agency to establish workforce faces, including— policies that— SEC. 2217. BIOECONOMY RESEARCH AND DEVEL- OPMENT ACT OF 2021. (i) aging and retiring personnel and fac- (1) apply to all— ulty; (A) research awards granted by such agen- (a) SHORT TITLE.—This section may be (ii) public perceptions about the nature of cy; and cited as the ‘‘Bioeconomy Research and De- mining and mineral processing; and (B) principal investigators of such research velopment Act of 2021’’. (iii) foreign competition for United States who have caregiving responsibilities, includ- (b) FINDINGS.—The Congress makes the fol- talent; ing care for a newborn or newly adopted lowing findings: (F) develop, and update as necessary, a child and care for an immediate family mem- (1) Cellular and molecular processes may strategic plan to guide Federal programs and ber with a serious health condition; and be used, mimicked, or redesigned to develop activities to enhance— (2) offer, to the extent feasible— new products, processes, and systems that (i) scientific and technical capabilities (A) flexibility in timing for the initiation improve societal well-being, strengthen na- across critical mineral supply chains, includ- of approved research awards granted by such tional security, and contribute to the econ- ing a roadmap that identifies key research agency; omy. and development needs and coordinates on- (B) no-cost extensions of such research (2) Engineering biology relies on a work- going activities for source diversification, awards; and force with a diverse and unique set of skills more efficient use, recycling, and substi- (C) grant supplements, as appropriate, to combining the biological, physical, chemical, tution for critical minerals; and research awards to sustain research activi- and information sciences and engineering. (ii) cross-cutting mining science, data ties conducted under such awards. (3) Long-term research and development is science techniques, materials science, manu- (b) UNIFORMITY OF GUIDANCE.—In providing necessary to create breakthroughs in engi- facturing science and engineering, computa- guidance under subsection (a), the Director neering biology. Such research and develop- tional modeling, and environmental health of the Office of Science and Technology Pol- ment requires government investment, as and safety research and development; and icy shall encourage, to the extent prac- many of the benefits are too distant or un- (G) report to the appropriate committees ticable, uniformity and consistency in the certain for industry to support alone. of Congress on activities and findings under policies established pursuant to such guid- (4) Research is necessary to inform evi- this subsection. ance across all Federal science agencies. dence-based governance of engineering biol- (4) MANDATORY RESPONSIBILITIES.—In car- (c) ESTABLISHMENT OF POLICIES.—To the ogy and to support the growth of the engi- rying out paragraphs (1) and (2), the Sub- extent practicable and consistent with guid- neering biology industry. committee shall, taking into account the ance issued under subsection (a), Federal (5) The Federal Government has an obliga- findings and recommendations of the rel- science agencies shall— tion to ensure that ethical, legal, environ- evant advisory committees, identify and (1) maintain or develop and implement mental, safety, security, and societal impli- evaluate Federal policies and regulations policies for individuals described in para- cations of its science and technology re- that restrict the mining of critical minerals. graph (1)(B) of such subsection; and search and investment follows policies of re- (c) GRANT PROGRAM FOR DEVELOPMENT OF (2) broadly disseminate such policies to sponsible innovation and fosters public CRITICAL MINERALS AND METALS.— current and potential awardees. transparency.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2605 (6) The Federal Government can play an (H) accelerating the translation and com- (ii) facilitating public-private partnerships important role by facilitating the develop- mercialization of engineering biology rein engineering biology research and development of tools and technologies to further ad- search and development by the private sec- ment; vance engineering biology, including user fa- tor; and (iii) connecting researchers, graduate stu- cilities, by facilitating public-private part- (I) improving the interagency planning and dents, and postdoctoral fellows with entre- nerships, by supporting risk research, and by coordination of Federal Government activi- preneurship education and training opportu- facilitating the commercial application in ties related to engineering biology. nities; and the United States of research funded by the (2) INITIATIVE ACTIVITIES.—The activities of (iv) supporting proof of concept activities Federal Government. the Initiative shall include— and the formation of startup companies in- (7) The United States led the development (A) sustained support for engineering biol- cluding through programs such as the Small of the science and engineering techniques ogy research and development through— Business Innovation Research Program and that created the field of engineering biology, (i) grants to fund the work of individual in- the Small Business Technology Transfer but due to increasing international competi- vestigators and teams of investigators, in- Program. tion, the United States is at risk of losing its cluding interdisciplinary teams; (3) EXPANDING PARTICIPATION.—The Initia- competitive advantage if it does not strate- (ii) projects funded under joint solicita- tive shall include, to the maximum extent gically invest the necessary resources. tions by a collaboration of no fewer than two practicable, outreach to primarily under- (8) A National Engineering Biology Initia- agencies participating in the Initiative; and graduate and minority-serving institutions tive can serve to establish new research di- (iii) interdisciplinary research centers that (and institutions of higher education with an established STEM capacity building program rections and technology goals, improve are organized to investigate basic research focused on traditionally underrepresented interagency coordination and planning proc- questions, carry out technology development populations in STEM, including Native Ha- esses, drive technology transfer to the pri- and demonstration activities, and increase waiians, Alaska Natives, and Indians) about vate sector, and help ensure optimal returns understanding of how to scale up engineering Initiative opportunities, and shall encourage on the Federal investment. biology processes, including biomanufac- the development of research collaborations (c) DEFINITIONS.—In this section: turing; between research-intensive universities and (1) BIOMANUFACTURING.—The term ‘‘bio- (B) sustained support for databases and re- manufacturing’’ means the utilization of bio- primarily undergraduate and minority-serv- lated tools, including— ing institutions (and institutions of higher logical systems to develop new and advance (i) support for curated genomics, education with an established STEM capac- existing products, tools, and processes at epigenomics, and other relevant omics data- ity building program focused on tradition- commercial scale. bases, including plant and microbial data- ally underrepresented populations in STEM, (2) ENGINEERING BIOLOGY.—The term ‘‘engi- bases, that are available to researchers to including Native Hawaiians, Alaska Natives, neering biology’’ means the application of carry out engineering biology research in a and Indians). engineering design principles and practices manner that does not compromise national (4) ETHICAL, LEGAL, ENVIRONMENTAL, SAFE- to biological systems, including molecular security or the privacy or security of infor- TY, SECURITY, AND SOCIETAL ISSUES.—Initia- and cellular systems, to advance funda- mation within such databases; tive activities shall take into account eth- mental understanding of complex natural (ii) development of standards for such ical, legal, environmental, safety, security, systems and to enable novel or optimize databases, including for curation, interoper- and other appropriate societal issues by— functions and capabilities. ability, and protection of privacy and secu- (A) supporting research, including in the (3) INITIATIVE.—The term ‘‘Initiative’’ rity; social sciences, and other activities address- means the National Engineering Biology Re- (iii) support for the development of coming ethical, legal, environmental, and other search and Development Initiative estab- putational tools, including artificial intel- appropriate societal issues related to engi- lished under subsection (d). ligence tools, that can accelerate research neering biology, including integrating re- (4) OMICS.—The term ‘‘omics’’ refers to the and innovation using such databases; and search on such topics with the research and collective technologies used to explore the (iv) an inventory and assessment of all development in engineering biology, and en- roles, relationships, and actions of the var- Federal government omics databases to iden- couraging the dissemination of the results of ious types of molecules that make up the tify opportunities to improve the utility of such research, including through inter- cells of an organism. such databases, as appropriate and in a man- disciplinary engineering biology research (d) NATIONAL ENGINEERING BIOLOGY RE- ner that does not compromise national secu- centers described in paragraph (2)(A)(iii); SEARCH AND DEVELOPMENT INITIATIVE.— rity or the privacy and security of informa- (B) supporting research and other activi- (1) IN GENERAL.—The President, acting tion within such databases, and inform in- ties related to the safety and security impli- through the Office of Science and Tech- vestment in such databases as critical infra- cations of engineering biology, including nology Policy, shall implement a National structure for the engineering biology re- outreach to increase awareness among Fed- Engineering Biology Research and Develop- search enterprise; eral researchers and Federally-funded re- ment Initiative to advance societal well- (C) sustained support for the development, searchers at institutions of higher education being, national security, sustainability, and optimization, and validation of novel tools about potential safety and security implica- economic productivity and competitiveness and technologies to enable the dynamic tions of engineering biology research, as ap- through— study of molecular processes in situ, includ- propriate; (A) advancing areas of research at the ing through— (C) ensuring that input from Federal and intersection of the biological, physical, (i) research conducted at Federal labora- non-Federal experts on the ethical, legal, en- chemical, data, and computational sciences tories; vironmental, safety, security, and other ap- and engineering to accelerate scientific un- (ii) grants to fund the work of investiga- propriate societal issues related to engineer- derstanding and technological innovation in tors at institutions of higher education and ing biology is integrated into the Initiative; engineering biology; other nonprofit research institutions; (D) ensuring, through the agencies and de- (B) advancing areas of biomanufacturing (iii) incentivized development of retooled partments that participate in the Initiative, research to optimize, standardize, scale, and industrial sites across the country that fos- that public input and outreach are inte- deliver new products and solutions; ter a pivot to modernized engineering biol- grated into the Initiative by the convening (C) supporting social and behavioral ogy initiatives; and of regular and ongoing public discussions sciences and economics research that ad- (iv) awards under the Small Business Inno- through mechanisms such as workshops, vances the field of engineering biology and vation Research Program and the Small consensus conferences, and educational contributes to the development and public Business Technology Transfer Program, as events, as appropriate; and understanding of new products, processes, described in section 9 of the Small Business (E) complying with all applicable provi- and technologies; Act (15 U.S.C. 638); sions of Federal law. (D) improving the understanding of engi- (D) support for education and training of (e) INITIATIVE COORDINATION.— neering biology of the scientific and lay pub- undergraduate and graduate students in en- (1) INTERAGENCY COMMITTEE.—The Presi- lic and supporting greater evidence-based gineering biology, biomanufacturing, bio- dent, acting through the Office of Science public discourse about its benefits and risks; process engineering, and computational and Technology Policy, shall designate an (E) supporting research relating to the science applied to engineering biology and in interagency committee to coordinate activi- risks and benefits of engineering biology, in- the related ethical, legal, environmental, ties of the Initiative as appropriate, which cluding under paragraph (4); safety, security, and other societal domains; shall be co-chaired by the Office of Science (F) supporting the development of novel (E) activities to develop robust mecha- and Technology Policy, and include rep- tools and technologies to accelerate sci- nisms for documenting and quantifying the resentatives from the Foundation, the De- entific understanding and technological in- outputs and economic benefits of engineer- partment of Energy, the Department of De- novation in engineering biology; ing biology; and fense, the National Aeronautics and Space (G) expanding the number of researchers, (F) activities to accelerate the translation Administration, the National Oceanic and educators, and students and a retooled work- and commercialization of new products, Atmospheric Administration, the National force with engineering biology training, in- processes, and technologies by— Institute of Standards and Technology, the cluding from traditionally underrepresented (i) identifying precompetitive research op- Environmental Protection Agency, the De- and underserved populations; portunities; partment of Agriculture, the Department of

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2606 CONGRESSIONAL RECORD — SENATE May 18, 2021 Health and Human Services, the Bureau of academic, State, industry, and other appro- policies, processes, or practices of individual Economic Analysis, and any other agency priate groups. Federal agencies in effect on the day before that the President considers appropriate (in (2) TRIENNIAL REPORT.—Beginning with fis- the date of the enactment of this division re- this section referred to as the Interagency cal year 2022 and ending in fiscal year 2028, lating to the conduct of biomedical research Committee). The Director of the Office of not later than 90 days after submission of the and advanced development, including the so- Science and Technology Policy shall select President’s annual budget request and every licitation and review of extramural research an additional co-chairperson from among the third fiscal year thereafter, the Interagency proposals. members of the Interagency Committee. The Committee shall prepare and submit to the (f) ADVISORY COMMITTEE.— Interagency Committee shall oversee the Committee on Science, Space, and Tech- (1) IN GENERAL.—The agency co-chair of the planning, management, and coordination of nology of the House of Representatives and interagency committee established in sub- the Initiative. The Interagency Committee the Committee on Commerce, Science, and section (e) shall, in consultation with the Of- shall— Transportation of the Senate a report that fice of Science and Technology Policy, des- (A) provide for interagency coordination of includes— ignate or establish an advisory committee on Federal engineering biology research, devel- (A) a summarized agency budget in support engineering biology research and develop- opment, and other activities undertaken pur- of the Initiative for the fiscal year to which ment (in this subsection referred to as the suant to the Initiative; such budget request applies, for the fol- advisory committee) to be composed of not (B) establish and periodically update goals lowing 2 fiscal years, for the then current fis- fewer than 12 members, including representa- and priorities for the Initiative; cal year, including a breakout of spending tives of research and academic institutions, (C) develop, not later than 12 months after for each agency participating in the Pro- industry, and nongovernmental entities, who the date of the enactment of this division, gram, and for the development and acquisi- are qualified to provide advice on the Initia- and update every 3 years thereafter, a stra- tion of any research facilities and instru- tive. tegic plan submitted to the Committee on mentation; and (2) ASSESSMENT.—The advisory committee Science, Space, and Technology and the (B) an assessment of how Federal agencies shall assess— Committee on Energy and Commerce of the are implementing the plan described in para- (A) the current state of United States com- House of Representatives and the Committee graph (1)(C), including— petitiveness in engineering biology, includ- on Commerce, Science, and Transportation (i) a description of the amount and number ing the scope and scale of United States in- and the Committee on Health, Education, of awards made under the Small Business In- vestments in engineering biology research Labor, and Pensions of the Senate that— novation Research Program and the Small and development in the international con- (i) guides the activities of the Initiative for Business Technology Transfer Program (as text; purposes of meeting the goals and priorities described in section 9 of the Small Business (B) current market barriers to commer- established under (and updated pursuant to) Act (15 U.S.C. 638)) in support of the Initia- cialization of engineering biology products, subparagraph (B); and tive; processes, and tools in the United States; (ii) describes— (ii) a description of the amount and num- (C) progress made in implementing the Ini- (I) the Initiative’s support for long-term ber of projects funded under joint solicita- tiative; funding for interdisciplinary engineering bi- tions by a collaboration of no fewer than 2 (D) the need to revise the Initiative; ology research and development; agencies participating in the Initiative; and (E) the balance of activities and funding (II) the Initiative’s support for education (iii) a description of the effect of the newly across the Initiative; and public outreach activities; funded projects by the Initiative. (F) whether the strategic plan developed or (III) the Initiative’s support for research (3) INITIATIVE OFFICE.— updated by the interagency committee es- and other activities on ethical, legal, envi- (A) IN GENERAL.—The President shall established under subsection (e) is helping to ronmental, safety, security, and other appro- tablish an Initiative Coordination Office, maintain United States leadership in engi- priate societal issues related to engineering with a Director and full-time staff, which neering biology; biology including— shall— (G) the management, coordination, imple- (aa) an applied biorisk management re- (i) provide technical and administrative mentation, and activities of the Initiative; search plan; support to the interagency committee and and (bb) recommendations for integrating secu- the advisory committee established under (H) whether ethical, legal, environmental, rity into biological data access and inter- subsection (f); safety, security, and other appropriate soci- national reciprocity agreements; (ii) serve as the point of contact on Federal etal issues are adequately addressed by the (cc) recommendations for manufacturing engineering biology activities for govern- Initiative. restructuring to support engineering biology ment organizations, academia, industry, pro- (3) REPORTS.—Beginning not later than 2 research, development, and scaling-up initia- fessional societies, State governments, inter- years after the date of enactment of this di- tives; and ested citizen groups, and others to exchange vision, and not less frequently than once (dd) an evaluation of existing biosecurity technical and programmatic information; every 3 years thereafter, the advisory com- governance policies, guidance, and directives (iii) oversee interagency coordination of mittee shall submit to the President, the for the purposes of creating an adaptable, the Initiative, including by encouraging and Committee on Science, Space, and Tech- evidence-based framework to respond to supporting joint agency solicitation and se- nology of the House of Representatives, and emerging biosecurity challenges created by lection of applications for funding of activi- the Committee on Commerce, Science, and advances in engineering biology; ties under the Initiative, as appropriate; Transportation of the Senate, a report on— (IV) how the Initiative will contribute to (iv) conduct public outreach, including dis- (A) the findings of the advisory commit- moving results out of the laboratory and semination of findings and recommendations tee’s assessment under paragraph (2); and into application for the benefit of society of the advisory committee established under (B) the advisory committee’s recommenda- and United States competitiveness; and subsection (f), as appropriate; tions for ways to improve the Initiative. (V) how the Initiative will measure and (v) serve as the coordinator of ethical, (4) APPLICATION OF FEDERAL ADVISORY COM- track the contributions of engineering biol- legal, environmental, safety, security, and MITTEE ACT.—Section 14 of the Federal Advi- ogy to United States economic growth and other appropriate societal input; and sory Committee Act (5 U.S.C. App.) shall not other societal indicators; (vi) promote access to, and early applica- apply to the advisory committee. (D) develop a national genomic sequencing tion of, the technologies, innovations, and (5) TERMINATION.—The advisory committee strategy to ensure engineering biology re- expertise derived from Initiative activities established under paragraph (1) shall termi- search fully leverages plant, animal, and mi- to agency missions and systems across the nate on the date that is 10 years after the crobe biodiversity, as appropriate and in a Federal Government, and to United States date of the enactment of this Act. manner that does not compromise national industry, including startup companies. (g) EXTERNAL REVIEW OF ETHICAL, LEGAL, security or the privacy or security of human (B) FUNDING.—The Director of the Office of ENVIRONMENTAL, SAFETY, SECURITY, AND SO- genetic information, to enhance long-term Science and Technology Policy, in coordina- CIETAL ISSUES.— innovation and competitiveness in engineer- tion with each participating Federal depart- (1) IN GENERAL.—Not later than 6 months ing biology in the United States; ment and agency, as appropriate, shall de- after the date of enactment of this division, (E) develop a plan to utilize Federal pro- velop and annually update an estimate of the the Director shall seek to enter into an grams, such as the Small Business Innova- funds necessary to carry out the activities of agreement with the National Academies of tion Research Program and the Small Busi- the Initiative Coordination Office and sub- Sciences, Engineering, and Medicine to con- ness Technology Transfer Program as de- mit such estimate with an agreed summary duct a review, and make recommendations scribed in section 9 of the Small Business of contributions from each agency to Con- with respect to, the ethical, legal, environ- Act (15 U.S.C. 638), in support of the activi- gress as part of the President’s annual budg- mental, safety, security, and other appro- ties described in subsection (d)(2)(C); and et request to Congress. priate societal issues related to engineering (F) in carrying out this subsection, take (C) TERMINATION.—The Initiative Coordina- biology research and development. The re- into consideration the recommendations of tion Office established under this paragraph view shall include— the advisory committee established under shall terminate on the date that is 10 years (A) an assessment of the current research subsection (f), the results of the workshop after the date of the enactment of this Act. on such issues; convened under subsection (d)(4)(D), existing (4) RULE OF CONSTRUCTION.—Nothing in this (B) a description of the research gaps relat- reports on related topics, and the views of subsection shall be construed to alter the ing to such issues;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2607 (C) recommendations on how the Initiative (A) conduct and support research, develop- SEC. 2218. MICROGRAVITY UTILIZATION POLICY. can address the research needs identified ment, demonstration, and commercial appli- (a) SENSE OF CONGRESS.—It is the sense of pursuant to subparagraph (B); and cation activities in engineering biology, in- Congress that space technology and the uti- (D) recommendations on how researchers cluding in the areas of synthetic biology, ad- lization of the microgravity environment for engaged in engineering biology can best in- vanced biofuel development, biobased mate- science, engineering, and technology devel- corporate considerations of ethical, legal, rials, and environmental remediation; opment is critical to long-term competitive- environmental, safety, security, and other (B) support the development, optimization ness with near-peer competitors, including societal issues into the development of re- and validation of novel, scalable tools and China. search proposals and the conduct of research. technologies to enable the dynamic study of (b) POLICY.—To the greatest extent appro- (2) REPORT TO CONGRESS.—The agreement molecular processes in situ; and priate, the Foundation shall facilitate access entered into under paragraph (1) shall re- (C) provide access to user facilities with to the microgravity environment for award- quire the National Academies of Sciences, advanced or unique equipment, services, ma- ees of funding from the Foundation, includ- Engineering, and Medicine to, not later than terials, and other resources, including secure ing in private sector platforms, for the devel- 2 years after the date of the enactment of access to high-performance computing, as opment of science, engineering, and tech- this division— appropriate, to industry, institutions of nology. (A) submit to the Committee on Science, higher education, nonprofit organizations, (c) REPORT.—Not later than 180 days after Space, and Technology of the House of Rep- and government agencies to perform re- the date of enactment of this division, the resentatives and the Committee on Com- search and testing. Director shall provide to the appropriate merce, Science, and Transportation of the (4) DEPARTMENT OF DEFENSE.—As part of committees of Congress a report on the Senate a report containing the findings and the Initiative, the Secretary of Defense Foundation’s plan for facilitating awardee recommendations of the review conducted shall— access to the microgravity environment. under paragraph (1); and (A) conduct and support research and de- TITLE III—RESEARCH SECURITY (B) make a copy of such report available on velopment in engineering biology and associ- a publicly accessible website. SEC. 2301. NATIONAL SCIENCE FOUNDATION RE- ated data and information sciences; SEARCH SECURITY. (h) AGENCY ACTIVITIES.— (B) support curriculum development and (a) RESEARCH SECURITY AND POLICY OF- (1) NATIONAL SCIENCE FOUNDATION.—As part research experiences in engineering biology of the Initiative, the Foundation shall— FICE.—The Director shall establish and main- and associated data and information sciences tain a research security and policy office (A) support basic research in engineering across the military education system, to in- biology through individual grants, collabo- within the Office of the Director. The func- clude service academies, professional mili- rative grants, and through interdisciplinary tions of the research security and policy of- tary education, and military graduate edu- research centers; fice shall be to coordinate all research secu- cation; and (B) support research on the environmental, rity policy issues across the Foundation, in- (C) assess risks of potential national secu- legal, ethical, and social implications of en- cluding by— rity and economic security threats relating gineering biology; (1) serving as a resource at the Foundation to engineering biology. (C) provide support for research instrumen- for all policy issues related to the security (5) NATIONAL AERONAUTICS AND SPACE AD- tation for engineering biology disciplines, in- and integrity of the conduct of research sup- MINISTRATION.—As part of the Initiative, the cluding support for research, development, ported by the Foundation; National Aeronautics and Space Administra- optimization and validation of novel tech- (2) conducting outreach and education action shall— nologies to enable the dynamic study of mo- tivities for awardees on research policies and lecular processes in situ; (A) conduct and support basic and applied potential security risks; (D) support curriculum development and research in engineering biology, including in (3) educating Foundation program man- research experiences for secondary, under- synthetic biology, and related to Earth and agers and other staff on evaluating Founda- graduate, and graduate students in engineer- space sciences, aeronautics, space tech- tion awards and awardees for potential secu- ing biology and biomanufacturing; and nology, and space exploration and experi- rity risks; (E) award grants, on a competitive basis, mentation, consistent with the priorities es- (4) communicating reporting and disclo- to enable institutions to support graduate tablished in the National Academies’ decadal sure requirements to awardees and appli- students and postdoctoral fellows who per- surveys; and cants for funding; form some of their engineering biology re- (B) award grants, on a competitive basis, (5) consulting and coordinating with the search in an industry setting. that enable institutions to support graduate Foundation Office of Inspector General and (2) DEPARTMENT OF COMMERCE.— students and postdoctoral fellows who per- with other Federal science agencies, as ap- (A) NATIONAL INSTITUTE OF STANDARDS AND form some of their engineering biology re- propriate, and through the National Science TECHNOLOGY.—As part of the Initiative, the search in an industry setting. and Technology Council in accordance with Director of the National Institute of Stand- (6) DEPARTMENT OF AGRICULTURE.—As part the authority provided under section 1746 of ards and Technology shall— of the Initiative, the Secretary of Agri- the National Defense Authorization Act for (i) establish a bioscience research program culture shall— Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. to advance the development of standard ref- (A) support research and development in 6601 note), to identify and address potential erence materials and measurements and to engineering biology, including in synthetic security risks that threaten research integ- create new data tools, techniques, and proc- biology and biomaterials; rity and other risks to the research enter- esses necessary to advance engineering biol- (B) award grants through the National In- prise and to develop research security policy ogy and biomanufacturing; stitute of Food and Agriculture; and and best practices; (ii) provide access to user facilities with (C) support development conducted by the (6) performing risk assessments, in con- advanced or unique equipment, services, ma- Agricultural Research Service. sultation, as appropriate, with other Federal terials, and other resources to industry, in- (7) ENVIRONMENTAL PROTECTION AGENCY.— agencies, of Foundation proposals and stitutions of higher education, nonprofit or- As part of the Initiative, the Environmental awards using analytical tools to assess non- ganizations, and government agencies to per- Protection Agency shall support research on disclosures of required information that form research and testing; and how products, processes, and systems of en- could indicate breaches of research integrity (iii) provide technical expertise to inform gineering biology will affect or can protect or potentially fraudulent activity that would the potential development of guidelines or the environment. be referred to the Foundation Office of In- safeguards for new products, processes, and (8) DEPARTMENT OF HEALTH AND HUMAN spector General; systems of engineering biology. SERVICES.—As part of the Initiative, the Sec- (7) establishing policies and procedures for (B) NATIONAL OCEANIC AND ATMOSPHERIC AD- retary of Health and Human Services, as ap- safeguarding sensitive research information MINISTRATION.—As part of the initiative, the propriate and consistent with activities of and technology, working in consultation, as Administrator of the National Oceanic and the Department of Health and Human Serv- appropriate, with other Federal agencies, to Atmospheric Administration shall— ices in effect on the day before the date of ensure compliance with National Security (i) establish a program to conduct and sup- the enactment of this division, shall— Presidential Memorandum–33 (relating to port omics research and associated (A) support research and development to strengthening protections of United States bioinformatic sciences to increase efficiency advance the understanding and application Government-supported research and develop- and promote a sustainable bioeconomy (blue of engineering biology for human health; ment against foreign government inter- economy) to develop the next generation of (B) support relevant interdisciplinary reference and exploitation) or a successor pol- tools and products to improve ecosystem search and coordination; and icy document; and stewardship, monitoring, management, as- (C) support activities necessary to facili- (8) in accordance with relevant policies of sessments, and forecasts; and tate oversight of relevant emerging biotech- the agency, conducting due diligence with (ii) collaborate with other agencies to un- nologies. regard to applicants for grant funding from derstand potential environmental threats (i) RULE OF CONSTRUCTION.—Nothing in this the Foundation prior to awarding such fund- and safeguards relating to engineering biol- section shall be construed to require public ing. ogy. disclosure of information that is exempt (b) CHIEF OF RESEARCH SECURITY.—The Di- (3) DEPARTMENT OF ENERGY.—As part of the from mandatory disclosure under section 552 rector shall appoint a senior agency official Initiative, the Secretary of Energy shall— of title 5, United States Code. within the Office of the Director as a Chief of

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2608 CONGRESSIONAL RECORD — SENATE May 18, 2021 Research Security, whose primary responsi- (2) develop a set of standard risk assess- gator, any individual listed on the applicability is to manage the office established in ment frameworks and best practices, rel- tion for the award with direct involvement subsection (a). evant to the research community, to assess in the proposal, or co-principal investigator (c) REPORT TO CONGRESS.—Not later than research security risks in different contexts; is participating in a foreign government tal- 180 days after the date of enactment of this (3) share information concerning security ent recruitment program of the People’s Re- division, the Director shall provide a report threats and lessons learned from protection public of China, the Democratic People’s Re- on the resources and the number of full-time and response efforts through forums and public of Korea, the Russian Federation, or employees needed to carry out the functions other forms of communication; the Islamic Republic of Iran; and of the office established in subsection (a) to (4) provide timely reports on research secu- (3) to the extent practicable, require insti- the Committee on Commerce, Science, and rity risks to provide situational awareness tutions receiving funding to prohibit awards Transportation of the Senate, the Com- tailored to the research and education com- from being used by any individuals partici- mittee on Appropriations of the Senate, the munity; pating in a foreign government talent re- Committee on Science, Space, and Tech- (5) provide training and support, including cruitment program of the People’s Republic nology of the House of Representatives, and through webinars, for relevant faculty and of China, the Democratic People’s Republic the Committee on Appropriations of the staff employed by institutions of higher edu- of Korea, the Russian Federation, or the Is- House of Representatives. cation on topics relevant to research secu- lamic Republic of Iran. (d) ONLINE RESOURCE.—The Director shall rity risks and response; (b) PROHIBITION.—Not later than 1 year develop an online resource hosted on the (6) enable standardized information gath- after the date of enactment of this division, Foundation’s publicly accessible website ering and data compilation, storage, and each Federal science agency shall issue a containing up-to-date information, tailored analysis for compiled incident reports; policy, utilizing the policy guidelines devel- for institutions of higher education and indi- (7) support analysis of patterns of risk and oped under subsection (a). vidual researchers, including— identification of bad actors and enhance the (c) EXEMPTION.—The policy developed (1) an explanation of Foundation research ability of members to prevent and respond to under subsection (b) may include an exemp- security policies; research security risks; and tion for participation in international con- (2) unclassified guidance on potential secu- (8) take other appropriate steps to enhance ferences or other international exchanges, rity risks that threaten research integrity research security. partnerships, or programs, as sanctioned or and other risks to the research enterprise; (c) FUNDING.—The Foundation may provide approved by the Federal science agency. (3) examples of beneficial international initial funds toward the RSI-ISAO, but shall When such participation is authorized, the collaborations and how such collaborations seek to have the fees authorized in sub- Federal science agency shall ensure training differ from foreign government interference section (d)(2) cover the costs of operations at is provided to the participant on how to re- efforts that threaten research integrity; the earliest practicable time. spond to overtures from individuals associ- (4) best practices for mitigating security (d) MEMBERSHIP.— ated with foreign government talent recruit- risks that threaten research integrity; and (1) IN GENERAL.—The RSI-ISAO shall serve ment programs. (5) additional reference materials, includ- and include members representing institu- (d) REPORT.—Not later than 2 years after ing tools that assist organizations seeking tions of higher education, nonprofit research the date of enactment of this division, each Foundation funding and awardees in infor- institutions, and small and medium-sized Federal science agency shall report to Con- mation disclosure to the Foundation. businesses. gress on the steps it has taken to implement (e) RESEARCH GRANTS.—The Director shall (2) FEES.—As soon as practicable, members this section. continue to award grants, on a competitive of the RS-ISAO shall be charged an annual (e) FOREIGN GOVERNMENT TALENT RECRUIT- basis, to institutions of higher education or rate to enable the RSI-ISAO to cover its MENT PROGRAMS.—In addition to existing au- nonprofit organizations (or consortia of such costs. Rates shall be set on a sliding scale thorities for preventing waste, fraud, abuse, institutions or organizations) to support re- based on research and development spent to and mismanagement of Federal funds, each search on the conduct of research and the re- ensure that membership is accessible to a di- Federal science agency shall require, as a search environment, including research on verse community of stakeholders and ensure condition of an award, that the senior per- research misconduct, breaches of research broad participation. The RS-ISAO shall de- sonnel designated by the United States insti- integrity, and detrimental research prac- velop a plan to sustain the RS-ISAO without tution applying for Federal funding submit tices. Federal funding, as practicable. foreign government talent recruitment pro- (f) RESPONSIBLE CONDUCT IN RESEARCH (e) BOARD OF DIRECTORS.—The RSI-ISAO gram contracts to the agency if the principal TRAINING.—Section 7009 of the America Cre- may establish a board of directors to provide investigator or a co-principal investigator ating Opportunities to Meaningfully Pro- guidance for policies, legal issues, and plans discloses membership in a foreign govern- mote Excellence in Technology, Education, and strategies of the entity’s operations. The ment talent recruitment program other than and Science Act (42 U.S.C. 1862o–1) is amend- board shall include a diverse group of stake- a program of the People’s Republic of China, ed— holders representing the research commu- the Democratic People’s Republic of Korea, (1) by striking ‘‘and postdoctoral research- nity, including academia, industry, and expe- the Russian Federation, or the Islamic Re- ers’’ and inserting ‘‘postdoctoral researchers, rienced research security administrators. public of Iran. The United States institution, faculty, and other senior personnel’’; and (f) DEFINITION OF INSTITUTION OF HIGHER as the award applicant, shall ensure, to the (2) by inserting before the period at the end EDUCATION .—The term ‘‘institution of high- maximum extent practicable, that the con- the following: ‘‘, including training and er education’’ has the meaning given the tract conforms with the Federal science mentorship to raise awareness of potential term in section 101(a) of the Higher Edu- agency’s guidance on conflicts of interest, security threats and of Federal export con- cation Act of 1965 (20 U.S.C. 1001(a)). including those contained in relevant control, disclosure, and reporting require- SEC. 2303. FOREIGN GOVERNMENT TALENT RE- tract proposal and award policies and proce- ments’’. CRUITMENT PROGRAM PROHIBI- dures. Each Federal science agency shall re- (g) FUNDING.—From any amounts appro- TION. view the contract and may prohibit funding priated for the Foundation for each of fiscal (a) GUIDANCE.—Not later than 180 days to the awardee if the obligations in the con- years 2022 through 2026, the Director shall al- after the date of enactment of this division, tract interfere with the capacity for activi- locate $5,000,000 to carry out this section for the Director of the Office of Science and ties receiving support to be carried out, or each such year. Technology Policy shall, in coordination create duplication with Federally supported SEC. 2302. RESEARCH SECURITY AND INTEGRITY with the interagency working group estab- activities. INFORMATION SHARING ANALYSIS lished under section 1746 of the National De- (f) CONSISTENCY.—The Director of the Of- ORGANIZATION. fense Authorization Act for Fiscal Year 2020 fice of Science and Technology Policy shall (a) ESTABLISHMENT.—The Director of the (Public Law 116–92; 42 U.S.C. 6601 note), pub- ensure that the policies issued by Federal Office of Science and Technology Policy lish and widely distribute a uniform set of science agencies under subsection (b) are shall enter into an agreement with a quali- policy guidelines for Federal science agen- consistent to the greatest extent practicable. fied independent organization to establish a cies regarding foreign government talent re- (g) DEFINITION.—For purposes of this sec- research security and integrity information cruitment programs. These policy guidelines tion and section 2304, the term ‘‘foreign gov- sharing analysis organization (referred to in shall— ernment talent recruitment program’’ has this section as the ‘‘RSI-ISAO’’), which shall (1) prohibit all personnel of each Federal the meaning given the term ‘‘foreign govern- include members described in subsection (d) science agency, including Federal employees, ment-sponsored talent recruitment pro- and carry out the duties described in subcontract employees, independent contrac- gram’’ in National Security Presidential section (b). tors, individuals serving under the Intergov- Memorandum–33 (relating to strengthening (b) DUTIES.—The RSI-ISAO shall— ernmental Personnel Act of 1970 (42 U.S.C. protections of United States Government- (1) serve as a clearinghouse for information 4701 et seq.), Visiting Scientist Engineer and supported research and development against to help enable the members and other enti- Educator appointments, and special govern- foreign government interference and exploi- ties in the research community to under- ment employees, from participating in a for- tation) or a successor policy document. stand the context of their research and iden- eign government talent recruitment pro- SEC. 2304. ADDITIONAL REQUIREMENTS FOR DI- tify improper or illegal efforts by foreign en- gram; RECTORATE RESEARCH SECURITY. tities to obtain research results, know how, (2) prohibit awards from being made for (a) INITIATIVE REQUIRED.—The Director materials, and intellectual property; any proposal in which the principal investi- shall, in consultation with other appropriate

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Federal agencies, establish an initiative to (B) The findings of the Director with re- (4) UPDATES.—The Director shall review pe- work with institutions of higher education spect to the initiative. riodically and update the resources under that perform research and technology devel- (C) Such recommendations as the Director paragraph (1) as the Director determines ap- opment activities under the Directorate— may have for legislative or administrative propriate. (1) to support protection of intellectual action relating to the matters described in (5) VOLUNTARY RESOURCES.—The use of the property, consistent with the controls rel- subsection (a). resources disseminated under paragraph (1) evant to the grant or award, key personnel, (D) Identification and discussion of the shall be considered voluntary. and information about critical technologies gaps in legal authorities that need to be im- (6) OTHER FEDERAL CYBERSECURITY RE- relevant to national security; proved to enhance the security of research QUIREMENTS.—Nothing in this section may be (2) to limit undue influence, including institutions of higher education performing construed to supersede, alter, or otherwise through foreign government talent recruit- Directorate research. affect any cybersecurity requirements appli- ment programs, by countries to exploit (E) Information on Foundation Inspector cable to Federal agencies. United States technology within the Foun- General cases, as appropriate, relating to (c) DEFINITIONS.—In this section: dation research, science and technology, and undue influence to security threats to aca- (1) DIRECTOR.—The term ‘‘Director’’ means innovation enterprise, including research demic research activities funded by the the Director of the National Institute of funded by the Directorate; and Foundation, including theft of property or Standards and Technology. (3) to support efforts toward development intellectual property relating to a project (2) RESOURCES.—The term ‘‘resources’’ of domestic talent in relevant scientific and funded by the Department at an institution means guidelines, tools, best practices, engineering fields. of higher education. standards, methodologies, and other ways of providing information. (b) COORDINATION.—The initiative estab- (3) FORM.—The report submitted under lished under subsection (a) shall be devel- paragraph (1) shall be submitted in both un- (3) RESEARCH INSTITUTION.—The term ‘‘re- oped and executed to the maximum extent classified and classified formats, as appro- search institution’’— practicable with academic research institu- priate. (A) means a nonprofit institution (as defined in section 4 of the Stevenson-Wydler tions and other educational and research or- SEC. 2305. PROTECTING RESEARCH FROM CYBER Technology Innovation Act of 1980 (15 U.S.C. ganizations. THEFT. (a) IMPROVING CYBERSECURITY OF INSTITU- 3703)); and (c) REQUIREMENTS.—The initiative estab- TIONS OF HIGHER EDUCATION.—Section (B) includes Federally funded research and lished under subsection (a) shall include de- 2(e)(1)(A) of the National Institute of Stand- development centers, as identified by the Na- velopment of the following: ards and Technology Act (15 U.S.C. tional Science Foundation in accordance (1) Training developed and delivered in 272(e)(1)(A)) is amended— with the Federal Acquisition Regulation consultation with institutions of higher edu- (1) in clause (viii), by striking ‘‘and’’ after issued in accordance with section 1303(a)(1) cation and appropriate Federal agencies, and the semicolon; of title 41 (or any successor regulation). other support to institutions of higher edu- (2) by redesignating clause (ix) as clause SEC. 2306. INTERNATIONAL STANDARDS DEVEL- cation, to promote security of controlled in- (x); and OPMENT. formation, as appropriate, including best (3) by inserting after clause (viii) the fol- (a) FINDINGS.—Congress finds the fol- practices for protection of controlled infor- lowing: lowing: mation. ‘‘(ix) consider institutions of higher edu- (1) Widespread use of standards facilitates (2) The capacity of institutions of higher cation (as defined in section 101 of the Higher technology advancement by defining and es- education to assess whether individuals af- Education Act of 1965 (20 U.S.C. 1001)); and’’. tablishing common foundations for inter- filiated with Directorate programs have par- (b) DISSEMINATION OF RESOURCES FOR RE- operability, product differentiation, techno- ticipated in or are currently participating in SEARCH INSTITUTIONS.— logical innovation, and other value-added foreign government talent recruitment pro- (1) IN GENERAL.—Not later than 90 days services. gram programs. after the date of enactment of this division, (2) Standards also promote an expanded, (3) Opportunities to collaborate with Direc- the Director shall, using the authorities of more interoperable, and efficient market- torate awardees to promote protection of the Director under subsection (e)(1)(A)(ix) of place. controlled information as appropriate and section 2 of the National Institute of Stand- (3) Global cooperation and coordination on strengthen defense against foreign intel- ards and Technology Act (15 U.S.C. 272), as standards for emerging technologies will be ligence services. amended by subsection (a), disseminate and critical for having a consistent set of ap- (4) As appropriate, regulations and proce- make publicly available resources to help re- proaches to enable market competition, pre- dures— search institutions and institutions of higher clude barriers to trade, and allow innovation (A) for government and academic organiza- education identify, protect the institution to flourish. tions and personnel to support the goals of involved from, detect, respond to, and re- (4) The People’s Republic of China’s Stand- the initiative; and cover to manage the cybersecurity risk of ardization Reform Plan and Five-Year Plan (B) that are consistent with policies that the institution involved related to con- for Standardization highlight its high-level protect open and scientific exchange in fun- ducting research. goals to establish China as a standards power damental research. (2) REQUIREMENTS.—The Director shall en- by 2020, participate in at least half of all (5) Policies to limit or prohibit funding sure that the resources disseminated pursu- standards drafting and revision efforts in provided by the Foundation for individual re- ant to paragraph (1)— recognized international standards setting searchers who knowingly violate regulations (A) are generally applicable and usable by organizations, and strengthen China’s par- developed under the initiative, including a wide range of research institutions and in- ticipation in the governance of international policies relating to foreign government tal- stitutions of higher education; standards setting organizations. ent recruitment programs. (B) vary with the nature and size of the im- (5) As emerging technologies develop for (6) Policies to limit or prohibit funding plementing research institutions or institu- global deployment, it is critical that the provided by the Foundation for institutions tions of higher education, and the nature and United States and its allies continue to par- that knowingly violate regulations devel- sensitivity of the data collected or stored on ticipate in the development of standards oped under the initiative, including policies the information systems or devices of the that underpin the technologies themselves, relating to foreign government talent re- implementing research institutions or insti- and the future international governance of cruitment programs. tutions of higher education; these technologies. (d) DEPARTMENT OF DEFENSE EFFORTS.—In (C) include elements that promote aware- (6) The United States position on standard- carrying out this section, the Foundation ness of simple, basic controls, a workplace ization in emerging technologies will be crit- shall consider the efforts undertaken by the cybersecurity culture, and third-party stake- ical to United States economic competitive- Department of Defense to secure defense re- holder relationships, to assist research insti- ness. search, including as provided under section tutions or institutions of higher education in (7) The National Institute of Standards and 1286 of the John S. McCain National Defense mitigating common cybersecurity risks; Technology is in a unique position to Authorization Act for Fiscal Year 2019 (10 (D) include case studies of practical appli- strengthen United States leadership in U.S.C. 2358 note). cation; standards development, particularly for (e) ANNUAL REPORT.— (E) are technology-neutral and can be im- emerging technologies, to ensure continuing (1) IN GENERAL.—Not later than 1 year after plemented using technologies that are com- United States economic competitiveness and date of enactment of this division, and annu- mercial and off-the-shelf; and national security. ally thereafter, the Director, shall submit to (F) to the extent practicable, are based on (b) SENSE OF CONGRESS.—It is the sense of Congress a report on the activities carried international standards. Congress that— out under the initiative established under (3) NATIONAL CYBERSECURITY AWARENESS (1) the principles of openness, trans- subsection (a). AND EDUCATION PROGRAM.—The Director shall parency, due process, and consensus in the (2) CONTENTS.—The report required by ensure that the resources disseminated development of international standards are paragraph (1) shall include the following: under paragraph (1) are consistent with the critical; (A) A description of the activities con- efforts of the Director under section 303 of (2) voluntary consensus standards, devel- ducted and the progress made under the ini- the Cybersecurity Enhancement Act of 2014 oped through an industry-led process, serve tiative. (15 U.S.C. 7443). as the cornerstone of the United States

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(3) strengthening the unique United States (c) MATTERS TO BE INCLUDED.—The study ‘‘(3) KEY TECHNOLOGY FOCUS AREAS.—The public-private partnerships approach to conducted under subsection (b) shall include, term ‘key technology focus areas’ means the standards development is critical to United to the extent practicable with respect to the areas included on the most recent list under States economic competitiveness; and study period, an assessment of— section 2005 of the Endless Frontier Act. (4) the United States Government should (1) the total amount of Federal funding ‘‘(4) LABOR ORGANIZATION.—The term ‘labor ensure cooperation and coordination across made available to foreign entities of concern organization’ has the meaning given such Federal agencies to partner with and support for research; term in section 2101 of the Endless Frontier private sector stakeholders to continue to (2) the total number and types of foreign Act. shape international dialogues in regard to entities of concern to whom such funding ‘‘(5) LOW POPULATION STATE.—The term standards development for emerging tech- was made available; ‘low population State’ means a State with- nologies. (3) the requirements relating to the award- out an urbanized area with a population CTIVITIES AND ENGAGEMENT.—The Sec- (c) A ing, tracking, and monitoring of such fund- greater than 200,000 as reported in the 2010 retary of Commerce, acting through the Di- ing; decennial census. rector, and in consultation with the Sec- (4) any other data available with respect to ‘‘(6) MANUFACTURING EXTENSION CENTER.— retary of Energy as relevant, shall— Federal funding made available to foreign The term ‘manufacturing extension center’ (1) build capacity and training opportuni- entities of concern for research; and ties to help create a pipeline of talent and has the meaning given the term ‘Center’ in (5) such other matters as the Comptroller section 25(a) of the National Institute of leadership in key standards development po- General determines appropriate. sitions; Standards and Technology Act (15 U.S.C. (d) BRIEFING ON AVAILABLE DATA.—Not 278k(a)). (2) partner with private sector entities to later than 120 days after the date of the en- ‘‘(7) MANUFACTURING USA INSTITUTE.—The support strategic engagement and leadership actment of this division, the Comptroller in the development of international stand- term ‘Manufacturing USA institute’ means General shall brief the Committee on Com- an Manufacturing USA institute described in ards for digital economy technologies, in- merce, Science, and Transportation and the cluding partnering with industry to assist section 34(d) of the National Institute of Committee on Foreign Relations of the Sen- Standards and Technology Act (15 U.S.C. private sector partners to develop standards ate and the Committee on Science, Space, 278s(d)). strategies and support engagement and par- and Technology and the Committee on For- ‘‘(8) SITE CONNECTIVITY INFRASTRUCTURE.— ticipation in the relevant standards activi- eign Affairs of the House of Representatives The term ‘site connectivity infrastructure’ ties; and on the study conducted under subsection (b) means localized driveways and access roads (3) prioritize efforts on standards develop- and on the data that is available with re- to a facility as well as hookups to the new ment for emerging technologies, identify or- spect to Federal funding made available to ganizations to develop these standards, iden- facility for drinking water, waste water, foreign entities of concern for research. tify leadership positions of interest to the broadband, and other basic infrastructure (e) REPORT.—The Comptroller General United States, and identify key contributors shall submit to the congressional commit- services already present in the area. for technical and leadership expertise in tees specified in subsection (d), by a date ‘‘(9) SMALL AND RURAL COMMUNITIES.—The these areas. agreed upon by the Comptroller General and term ‘small and rural community’ means a SEC. 2307. RESEARCH FUNDS ACCOUNTING. the committees on the date of the briefing, a noncore area, a micropolitan area, or a small (a) DEFINITIONS.—In this section: report on the findings of the study conducted metropolitan statistical area with a popu- (1) FOREIGN ENTITY OF CONCERN.—The term under subsection (b). lation of not more than 200,000. ‘‘foreign entity of concern’’ means a foreign ‘‘(10) VENTURE DEVELOPMENT ORGANIZA- entity that is— SEC. 2308. PLAN WITH RESPECT TO SENSITIVE OR CONTROLLED INFORMATION AND TION.—The term ‘venture development orga- (A) designated as a foreign terrorist orga- BACKGROUND SCREENING. nization’ has the meaning given such term in nization by the Secretary of State under sec- Not later than 180 days after the enact- section 27(a) of the Stevenson-Wydler Act of tion 219(a) of the Immigration and Nation- ment of this division, the Director, in con- 1980 (15 U.S.C. 3722(a)). ality Act (8 U.S.C. 1189(a)); sultation with the Director of National In- ‘‘(b) REGIONAL TECHNOLOGY HUB PRO- (B) included on the list of specially des- telligence and, as appropriate, other Federal ignated nationals and blocked persons main- GRAM.— agencies, shall develop a plan to— ‘‘(1) IN GENERAL.—Subject to the avail- tained by the Office of Foreign Assets Con- (1) identify research areas that may in- trol of the Department of the Treasury (com- ability of appropriations, the Secretary shall clude sensitive or controlled information, in- carry out a program— monly known as the SDN list); cluding in the key technology focus areas; (C) owned by, controlled by, or subject to ‘‘(A) to encourage new and constructive and collaboration among local, State, and Fed- the jurisdiction or direction of a government (2) provide for background screening, as ap- of a foreign country that is a covered nation eral government entities, academia, the pri- propriate, for individuals working in such re- vate sector, economic development organiza- (as defined in section 2533c(d) of title 10, search areas who are employees of the Foun- United States Code); tions, and labor organizations; dation or recipients of funding from the ‘‘(B) to support eligible consortia in the (D) alleged by the Attorney General to Foundation. have been involved in activities for which a creation of regional innovation strategies; conviction was obtained under— TITLE IV—REGIONAL INNOVATION ‘‘(C) to designate eligible consortia as re- (i) chapter 37 of title 18, United States CAPACITY gional technology hubs and facilitate activi- Code (commonly known as the Espionage SEC. 2401. REGIONAL TECHNOLOGY HUBS. ties by consortia designated as regional tech- Act); (a) IN GENERAL.—The Stevenson-Wydler nology hubs in implementing their regional (ii) section 951 or 1030 of title 18, United Technology Innovation Act of 1980 (Public innovation strategies, in order— States Code; Law 96–480; 15 U.S.C. 3701 et seq.) is amend- ‘‘(i) to enable United States leadership in (iii) chapter 90 of title 18, United States ed— technology and innovation sectors critical to Code (commonly known as the Economic Es- (1) by redesignating section 28 as section national and economic security; pionage Act of 1996); 29; and ‘‘(ii) to support regional economic develop- (iv) the Arms Export Control Act (22 U.S.C. (2) by inserting after section 27 the fol- ment, including in small cities and rural 2751 et seq.); lowing: areas, and diffuse innovation around the (v) section 224, 225, 226, 227, or 236 of the ‘‘SEC. 28. REGIONAL TECHNOLOGY HUB PRO- United States; and Atomic Energy Act of 1954 (42 U.S.C. 2274, GRAM. ‘‘(iii) to support domestic job creation and 2275, 2276, 2277, and 2284); ‘‘(a) DEFINITIONS.—In this section: broad-based economic growth; and (vi) the Export Control Reform Act of 2018 ‘‘(1) APPROPRIATE COMMITTEES OF CON- ‘‘(D) to ensure that the regional tech- (50 U.S.C. 4801 et seq.); or GRESS.—The term ‘appropriate committees nology hubs address the intersection of (vii) the International Emergency Eco- of Congress’ means— emerging technologies and either local and nomic Powers Act (50 U.S.C. 1701 et seq.); or ‘‘(A) the Committee on Commerce, regional challenges or national challenges; (E) determined by the Secretary of Com- Science, and Transportation, the Committee and merce, in consultation with the Secretary of on Environment and Public Works, and the ‘‘(E) to conduct ongoing research, evalua- Defense and the Director of National Intel- Committee on Appropriations of the Senate; tion, analysis, and dissemination of best ligence, to be engaged in unauthorized con- and practices for regional development and com- duct that is detrimental to the national se- ‘‘(B) the Committee on Science, Space, and petitiveness in technology and innovation. curity or foreign policy of the United States. Technology, the Committee on Transpor- ‘‘(2) AWARDS.—The Secretary shall carry (2) STUDY PERIOD.—The term ‘‘study pe- tation and Infrastructure, and the Com- out the program required by paragraph (1) riod’’ means the 5-year period ending on the mittee on Appropriations of the House of through the award of the following: date of enactment of this Act. Representatives. ‘‘(A) Strategy development grants or coop- (b) STUDY.—The Comptroller General of ‘‘(2) COOPERATIVE EXTENSION.—The term erative agreements to eligible consortia the United States shall conduct a study on ‘cooperative extension’ has the meaning under subsection (e).

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(29 U.S.C. 3111; 3122); and such paragraph to eligible consortia that sig- ‘‘(vi) The expansion of successful training ‘‘(2) may include 1 or more— nificantly benefit a small and rural commu- programs at a scale required by the region ‘‘(A) nonprofit economic development enti- nity, which may include a State described in served by the regional technology hub, in- ties with relevant expertise, including a dis- clause (ii); and cluding through the use of online education. trict organization (as defined in section 300.3 ‘‘(ii) award not fewer than one-third of the ‘‘(B) BUSINESS AND ENTREPRENEUR DEVELOP- of title 13, Code of Federal Regulations, or grants and cooperative agreements under MENT ACTIVITIES.—Business and entrepreneur successor regulation); such paragraph to eligible consortia that in- development activities, including activities ‘‘(B) venture development organizations; clude as a member of the eligible consortia relating to the following: ‘‘(C) financial institutions and investment at least 1 member that is a State that is eli- ‘‘(i) The development and growth of re- funds; gible to receive funding from the Established gional businesses and the training of entre- ‘‘(D) primary and secondary educational Program to Stimulate Competitive Research preneurs. institutions, including career and technical of the National Science Foundation. ‘‘(ii) The support of technology commer- education schools; ‘‘(4) USE OF FUNDS.—The amount of a grant cialization, including funding for activities ‘‘(E) National Laboratories (as defined in or cooperative agreement awarded under relevant to the protection of intellectual section 2 of the Energy Policy Act of 2005 (42 paragraph (1) shall be as follows: property. U.S.C. 15801)); ‘‘(A) To coordinate locally defined plan- ‘‘(iii) The development of networks for ‘‘(F) Federal laboratories; ning processes, across jurisdictions and agen- business and entrepreneur mentorship. ‘‘(G) Manufacturing extension centers; cies, relating to developing a comprehensive ‘‘(C) TECHNOLOGY MATURATION ACTIVITIES.— ‘‘(H) Manufacturing USA institutes; regional technology strategy. Technology maturation activities, including ‘‘(I) institutions receiving an award under ‘‘(B) To identify regional partnerships for activities relating to the following: section 2104 of the Endless Frontier Act; and developing and implementing a comprehen- ‘‘(i) The development and deployment of ‘‘(J) a cooperative extension. sive regional technology strategy. technologies in sectors critical to the region ‘‘(d) DESIGNATION OF REGIONAL TECHNOLOGY ‘‘(C) To conduct or update assessments to served by the regional technology hub or to HUBS.— determine regional needs. national and economic security, including ‘‘(1) IN GENERAL.—In carrying out sub- ‘‘(D) To develop or update goals and strate- proof of concept, prototype development, and section (b)(1)(C), the Secretary shall use a gies to implement an existing comprehensive testing. competitive process to designate eligible regional plan. ‘‘(ii) The provision of facilities for tech- consortia as regional technology hubs. ‘‘(E) To identify or implement local zoning nology maturation, including incubators for ‘‘(2) GEOGRAPHIC DISTRIBUTION.—In con- and other code changes necessary to imple- collaborative development of technologies by ducting the competitive process under para- ment a comprehensive regional technology private sector, academic, and other entities. graph (1), the Secretary shall ensure geo- strategy. ‘‘(iii) Activities to ensure access to capital graphic distribution in the designation of re- ‘‘(5) FEDERAL SHARE.—The Federal share of for new business formation and business ex- gional technology hubs by— the cost of an effort carried out using a pansion, including by attracting new private, ‘‘(A) seeking to designate at least three grant or cooperative agreement awarded public, and philanthropic investment and by technology hubs in each region covered by a under this subsection may not exceed 80 per- establishing regional venture and loan funds. regional office of the Economic Development cent— ‘‘(iv) Activities determined appropriate by Administration; ‘‘(A) where in-kind contributions may be the Secretary under section 27(c)(2) of this ‘‘(B) focusing on localities that are not used for all or part of the non-Federal share, Act. leading technology centers; but Federal funding from other Government ‘‘(D) INFRASTRUCTURE-RELATED ACTIVI- ‘‘(C) ensuring that not fewer than one- sources may not count towards the non-Fed- TIES.—The building of facilities and site third of eligible consortia designated as re- eral share; connectivity infrastructure necessary to gional technology hubs significantly benefit ‘‘(B) except in the case of an eligible con- carry out activities described in subpara- a small and rural community, which may in- sortium that represents all or part of a small graphs (A), (B), and (C), including activities clude a State described in subparagraph (D); and rural community, the Federal share may relating to the following: ‘‘(D) ensuring that not fewer than one- be up to 90 percent of the total cost, subject ‘‘(i) Establishing a workforce training cen- third of eligible consortia designated as re- to subparagraph (A); and ter with required tools and instrumentation. gional technology hubs include as a member ‘‘(C) except in the case of an eligible con- ‘‘(ii) Establishing a facility for technology of the eligible consortia at least 1 member sortium that is led by a Tribal government, development, demonstration, and testing. that is a State that is eligible to receive the Federal share may be up to 100 percent of ‘‘(iii) Establishing collaborative incubators funding from the Established Program to the total cost of the project. to support technology commercialization Stimulate Competitive Research of the Na- ‘‘(f) STRATEGY IMPLEMENTATION GRANTS and entrepreneur training. tional Science Foundation; and AND COOPERATIVE AGREEMENTS.— ‘‘(3) LIMITATION ON AMOUNT OF AWARDS.— ‘‘(E) ensuring that at least one eligible ‘‘(1) IN GENERAL.—The Secretary shall use The Secretary shall ensure that no single re- consortium designated as a regional tech- a competitive process to award grants or co- gional technology hub receives more than 10 nology hub is headquartered in a low popu- operative agreements to regional technology percent of the aggregate amount of the lation State that is eligible to receive fund- hubs for the implementation of regional in- grants and cooperative agreements awarded ing from the Established Program to Stimu- novation strategies, including regional strat- under this subsection.

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‘‘(4) TERM.— AND COOPERATIVE AGREEMENTS.—In selecting ‘‘(A) enhance the economic, environ- ‘‘(A) IN GENERAL.—The term of a grant or an eligible consortium that submitted an ap- mental, and energy security of the United cooperative agreement awarded under this plication under subsection (g) for designa- States by promoting domestic development, subsection shall be for such period as the tion under subsection (d) or for a grant or co- manufacture, and deployment of innovative Secretary considers appropriate. operative agreement under subsection (f), clean technologies and advanced manufac- ‘‘(B) RENEWAL.—The Secretary may renew the Secretary shall consider, at a minimum, turing practices; and a grant or cooperative agreement awarded to the following: ‘‘(B) support translational research, tech- a regional technology hub under this sub- ‘‘(1) The potential of the eligible consor- nology development, manufacturing innova- section as the Secretary considers appro- tium to advance the research, development, tion, and commercialization activities relat- priate if the Secretary determines that the deployment, and domestic manufacturing of ing to clean technology. performance of the regional technology hub technologies in a key technology focus area ‘‘(i) COORDINATION AND COLLABORATION.— is satisfactory. or other technology or innovation sector ‘‘(1) COORDINATION WITH REGIONAL INNOVA- ‘‘(5) MATCHING REQUIRED.— critical to national and economic security. TION PROGRAM.—The Secretary shall work to ‘‘(A) IN GENERAL.—Except in the case of a ‘‘(2) The likelihood of positive regional ensure the activities under this section do regional technology hub described in sub- economic effect, including increasing the not duplicate activities or efforts under sec- paragraph (B), the total amount of all grants number of high wage domestic jobs, and cre- tion 27, as the Secretary considers appro- awarded to a regional technology hub under ating new economic opportunities for eco- priate. nomically disadvantaged and underrep- this subsection in a given year shall not ex- ‘‘(2) COORDINATION WITH PROGRAMS OF THE resented populations. ceed amounts as follows: NATIONAL INSTITUTE OF STANDARDS AND TECH- ‘‘(3) How the eligible consortium plans to ‘‘(i) In the first year of the grant or cooper- NOLOGY.—The Secretary shall coordinate the integrate with and leverage the resources of ative agreement, 90 percent of the total oper- activities of regional technology hubs des- 1 or more federally funded research and de- ating costs of the regional technology hub in ignated under this section, the Hollings Man- velopment centers, National Laboratories, that year. ufacturing Extension Partnership, and the Federal laboratories, Manufacturing USA in- ‘‘(ii) In the second year of the grant or co- Manufacturing USA Program, as the Sec- stitutes, Hollings Manufacturing Extension operative agreement, 85 percent of the total retary considers appropriate, to maintain Partnership centers, university technology operating costs of the regional technology the effectiveness of a manufacturing exten- hub in that year. centers established under section 2104 of the sion center or a Manufacturing USA insti- ‘‘(iii) In the third year of the grant or co- Endless Frontier Act, the program estab- tute. operative agreement, 80 percent of the total lished under section 2107 of the such Act, test ‘‘(3) COORDINATION WITH DEPARTMENT OF EN- operating costs of the regional technology beds established and operated under section ERGY PROGRAMS.—The Secretary shall, in hub in that year. 2108 of such Act, or other Federal research collaboration with the Secretary of Energy, ‘‘(iv) In the fourth year of the grant or co- entities. coordinate the activities and selection of re- operative agreement and each year there- ‘‘(4) How the eligible consortium will en- gional technology hubs designated under this after, 75 percent of the total operating costs gage with the private sector, including section, as the Secretaries consider appro- of the regional technology hub in that year. small- and medium-sized businesses to com- priate, to maintain the effectiveness of ac- ‘‘(B) SMALL AND RURAL COMMUNITIES AND mercialize new technologies and improve the tivities at the Department of Energy and the INDIAN TRIBES.— resiliency of domestic supply chains in a key National Laboratories. ‘‘(i) IN GENERAL.—The total Federal finan- technology focus area or other technology or ‘‘(4) INTERAGENCY COLLABORATION.—In des- cial assistance awarded in a given year to a innovation sector critical to national and ignating regional technology hubs under sub- regional technology hub under this sub- economic security. section (d) and awarding grants or coopera- section shall not exceed amounts as follows: ‘‘(5) How the eligible consortium will carry tive agreements under subsection (f), the ‘‘(I) In the case of a regional technology out workforce development and skills acqui- Secretary— hub that represents a small and rural com- sition programming, including through part- ‘‘(A) shall collaborate, to the extent pos- munity, in a fiscal year, 90 percent of the nerships with entities that include State and sible, with the interagency working group total funding of the regional technology hub local workforce development boards, institu- established under section 2004 of the Endless in that fiscal year. tions of higher education, including commu- Frontier Act; ‘‘(II) In the case of an regional technology nity colleges, historically Black colleges and ‘‘(B) shall collaborate with Federal depart- hub that is led by a Tribal government, in a universities, Tribal colleges and universities, ments and agencies whose missions con- fiscal year, 100 percent of the total funding and minority serving institutions, labor or- tribute to the goals of the regional tech- of the regional technology hub in that fiscal ganizations, and workforce development pro- nology hub; year. grams, and other related activities author- ‘‘(C) shall consult with the Director of the ‘‘(ii) MINIMUM THRESHOLD OF RURAL REP- ized by the Secretary, to support the development of a key technology focus area or National Science Foundation for the purpose RESENTATION.—For purposes of clause (i)(I), of ensuring that the regional technology the Secretary shall establish a minimum other technology or innovation sector crit- hubs are aligned with relevant science, tech- threshold of rural representation in the re- ical to national and economic security. nology, and engineering expertise; and gional technology hub. ‘‘(6) How the eligible consortium will improve science, technology, engineering, and ‘‘(D) may accept funds from other Federal ‘‘(C) IN-KIND CONTRIBUTIONS.—For purposes agencies to support grants, cooperative of this paragraph, in-kind contributions may mathematics education programs in the agreements, and activities under this sec- be used for part of the non-Federal share of identified region in elementary and section. the total funding of a regional technology ondary school and higher education institu- hub in a fiscal year. tions located in the identified region to sup- ‘‘(j) PERFORMANCE MEASUREMENT, TRANS- port the development of a key technology PARENCY, AND ACCOUNTABILITY.— ‘‘(6) GRANTS FOR INFRASTRUCTURE.—Any grant or cooperative agreement awarded focus area or other technology or innovation ‘‘(1) METRICS, STANDARDS, AND ASSESS- under this subsection to support the con- sector critical to national and economic se- MENT.—For each grant and cooperative struction of facilities and site connectivity curity. agreement awarded under subsection (f) for a infrastructure shall be awarded pursuant to ‘‘(7) How the eligible consortium plans to regional technology hub, the Secretary section 201 of the Public Works and Eco- develop partnerships with venture develop- shall— nomic Development Act of 1965 (42 U.S.C. ment organizations and sources of private in- ‘‘(A) develop metrics, which may include 3141) and subject to the provisions of such vestment in support of private sector activ- metrics relating to domestic job creation, Act, except that subsection (b) of such sec- ity, including launching new or expanding patent awards, and business formation and tion and sections 204 and 301 of such Act (42 existing companies, in a key technology expansion, to assess the effectiveness of the U.S.C. 3144, 3161) shall not apply. focus area or other technology or innovation activities funded in making progress toward sector critical to national and economic se- the purposes set forth under subsection ‘‘(7) RELATION TO CERTAIN GRANT AWARDS.— The Secretary shall not require a regional curity. (b)(1); technology hub to receive a grant or cooper- ‘‘(8) How the eligible consortium plans to ‘‘(B) establish standards for the perform- ative agreement under subsection (e) in organize the activities of regional partners ance of the regional technology hub that are order to receive a grant or cooperative agree- across sectors in support of a regional tech- based on the metrics developed under sub- ment under this subsection. nology hub. paragraph (A); and ‘‘(g) APPLICATIONS.—An eligible consor- ‘‘(9) How the eligible consortium will en- ‘‘(C) 4 years after the initial award under tium seeking designation as a regional tech- sure that growth in technology and innova- subsection (f) and every 2 years thereafter nology hub under subsection (d) or a grant or tion sectors produces broadly shared oppor- until Federal financial assistance under this cooperative agreement under subsection (e) tunity across the identified region, including section for the regional technology hub is or (f) shall submit to the Secretary an appli- for economic disadvantaged and underrep- discontinued, conduct an assessment of the cation therefor at such time, in such man- resented populations and rural areas. regional technology hub to confirm whether ner, and containing such information as the ‘‘(10) The likelihood efforts served by the the performance of the regional technology Secretary may specify. consortium will be sustained once Federal hub is meeting the standards for perform- ‘‘(h) CONSIDERATIONS FOR DESIGNATION AND support ends. ance established under subparagraph (B) of AWARD OF STRATEGY DEVELOPMENT GRANTS ‘‘(11) How the eligible consortium will— this paragraph.

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‘‘(2) FINAL REPORTS BY RECIPIENTS OF (Public Law 96–480), as added by subsection ‘‘(8) DIVERSITY PREFERENCES.—In awarding STRATEGY IMPLEMENTATION GRANTS AND COOP- (a). financial assistance under paragraph (1) for ERATIVE AGREEMENTS.— (2) DESIGNATION AND AWARD.—Not later planning or establishing a Manufacturing ‘‘(A) IN GENERAL.—The Secretary shall re- than 1 year after the date of the enactment USA institute, an agency head shall quire each eligible consortium that receives of this division, if the Secretary has received prioritize Manufacturing USA institutes a grant or cooperative agreement under sub- at least 1 application under subsection (g) of that— section (f) for activities of a regional tech- such section from an eligible consortium ‘‘(A) contribute to the geographical diver- nology hub, as a condition of receipt of such whom the Secretary considers suitable for sity of the Manufacturing USA Program; grant or cooperative agreement, to submit to designation under subsection (d)(1) of such ‘‘(B) are located in an area with a low per the Secretary, not later than 120 days after section, the Secretary shall— capita income; and the last day of the term of the grant or coop- (A) designate at least 1 regional tech- ‘‘(C) are located in an area with a high pro- erative agreement, a report on the activities nology hub under subsection (d)(1) of such portion of socially disadvantaged resi- of the regional technology hub supported by section; and dents.’’. the grant or cooperative agreement. (B) award a grant or cooperative agree- (d) COORDINATION BETWEEN MANUFACTURING ‘‘(B) CONTENTS OF REPORT.—Each report ment under subsection (f)(1) of such section USA PROGRAM AND HOLLINGS MANUFAC- submitted by an eligible consortium under to each regional technology hub designated TURING EXTENSION PARTNERSHIP.—The Sec- subparagraph (A) shall include the following: pursuant to subparagraph (A) of this para- retary shall facilitate the coordination of ‘‘(i) A detailed description of the activities graph. the activities of the Manufacturing USA Program and the activities of Hollings Man- carried out by the regional technology hub SEC. 2402. MANUFACTURING USA PROGRAM. using the grant or cooperative agreement de- ufacturing Extension Partnership with each (a) DEFINITIONS.—In this section: scribed in subparagraph (A), including the other to the degree that doing so does not di- (1) HISTORICALLY BLACK COLLEGE OR UNI- following: minish the effectiveness of the ongoing ac- VERSITY.—The term ‘‘historically Black col- ‘‘(I) A description of each project the re- tivities of a Manufacturing USA institute or lege or university’’ has the meaning given gional technology hub completed using such a Center (as the term is defined in section the term ‘‘part B institution’’ in section 322 grant or cooperative agreement. 25(a) of the National Institute of Standards of the Higher Education Act of 1965 (20 U.S.C. ‘‘(II) An explanation of how each project and Technology Act (15 U.S.C. 278k(a)), in- described in subclause (I) achieves a specific 1061)). cluding Manufacturing USA institutes enter- goal under this section in the region of the (2) MANUFACTURING USA INSTITUTE.—The ing into agreements with a Center (as so de- regional technology hub with respect to— term ‘‘Manufacturing USA institute’’ means fined) that the Secretary considers appro- ‘‘(aa) the resiliency of a supply chain; an institute described in section 34(d) of the priate to provide services relating to the ‘‘(bb) research, development, and deploy- National Institute of Standards and Tech- mission of the Hollings Manufacturing Ex- ment of a critical technology; nology Act (15 U.S.C. 278s(d)). tension Partnership, including outreach, ‘‘(cc) workforce training and development; (3) MANUFACTURING USA NETWORK.—The technical assistance, workforce develop- ‘‘(dd) domestic job creation; or term ‘‘Manufacturing USA Network’’ means ment, and technology transfer and adoption ‘‘(ee) entrepreneurship. the network established under section 34(c) assistance to small- and medium-sized manu- ‘‘(ii) A discussion of any obstacles encoun- of the National Institute of Standards and facturers. (e) ADVICE FROM THE NATIONAL MANUFAC- tered by the regional technology hub in the Technology Act (15 U.S.C. 278s(c)). TURING ADVISORY COUNCIL.—The Secretary implementation of the regional technology (4) MANUFACTURING USA PROGRAM.—The shall seek advice from the National Manu- hub and how the regional technology hub term ‘‘Manufacturing USA Program’’ means facturing Advisory Council on matters con- overcame those obstacles. the program established under section cerning investment in and support of the ‘‘(iii) An evaluation of the success of the 34(b)(1) of the National Institute of Stand- manufacturing workforce within the Manu- projects of the regional technology hub using ards and Technology Act (15 U.S.C. 278s(b)(1)). facturing USA Program, including those the performance standards and measures es- matters covered under section 2404(d)(7). tablished under paragraph (1), including an (5) MINORITY-SERVING INSTITUTION.—The term ‘‘minority-serving institution’’ means (f) PARTICIPATION OF MINORITY-SERVING IN- evaluation of the planning process and how STITUTIONS, HISTORICALLY BLACK COLLEGES an eligible institution described in section the project contributes to carrying out the AND UNIVERSITIES, AND TRIBAL COLLEGES AND 371(a) of the Higher Education Act of 1965 (20 regional innovation strategy of the regional UNIVERSITIES.— U.S.C. 1067q(a)). technology hub. (1) IN GENERAL.—The Secretary of Com- (6) NATIONAL PROGRAM OFFICE.—The term ‘‘(iv) The effectiveness of the regional merce, in consultation with the Secretary of ‘‘National Program Office’’ means the Na- technology hub in ensuring that, in the re- Energy, the Secretary of Defense, and the tional Program Office established under sec- gion of the regional technology hub, growth heads of such other Federal agencies as the in technology and innovation sectors pro- tion 34(h)(1) of the National Institute of Secretary of Commerce considers relevant, duces broadly shared opportunity across the Standards and Technology Act (15 U.S.C. shall coordinate with existing and new Man- region, including for economic disadvan- 278s(h)(1)). ufacturing USA institutes to integrate cov- taged and underrepresented populations and (7) TRIBAL COLLEGE OR UNIVERSITY.—The ered entities as active members of the Manu- rural areas. term ‘‘Tribal college or university’’ has the facturing USA institutes, including through ‘‘(v) Information regarding such other mat- meaning given the term in section 316(b)(3) the development of preferences in selection ters as the Secretary may require. of the Higher Education Act of 1965 (20 U.S.C. criteria for proposals to create new Manufac- ‘‘(3) INTERIM REPORTS BY RECIPIENTS OF 1059c(b)(3)). turing USA institutes or renew existing GRANTS AND COOPERATIVE AGREEMENTS.—In (b) AUTHORIZATION OF APPROPRIATIONS TO Manufacturing USA institutes that are led addition to requiring submittal of final re- ENHANCE AND EXPAND MANUFACTURING USA by a covered entity. ports under paragraph (2)(A), the Secretary PROGRAM AND SUPPORT INNOVATION AND (2) COVERED ENTITIES.—For purposes of this may require a regional technology hub de- GROWTH IN DOMESTIC MANUFACTURING.— subsection, a covered entity is— scribed in such paragraph to submit to the There is authorized to be appropriated (A) a minority-serving institution; Secretary such interim reports as the Sec- $1,200,000,000 for the period of fiscal years (B) an historically Black college or univer- retary considers appropriate. 2022 through 2026 for the Secretary of Com- sity; ‘‘(4) ANNUAL REPORTS TO CONGRESS.—Not merce, acting through the Director of the (C) a Tribal college or university; or less frequently than once each year, the Sec- National Institute of Standards and Tech- (D) a minority business enterprise (as de- retary shall submit to the appropriate com- nology and in consultation with the Sec- fined in section 1400.2 of title 15, Code of Fed- mittees of Congress an annual report on the retary of Energy, the Secretary of Defense, eral Regulations, or successor regulation). results of the assessments conducted by the and the heads of such other Federal agencies (g) DEPARTMENT OF COMMERCE POLICIES TO Secretary under paragraph (1)(C) during the as the Secretary of Commerce considers rel- PROMOTE DOMESTIC PRODUCTION OF TECH- period covered by the report. evant— NOLOGIES DEVELOPED UNDER MANUFACTURING ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— (1) to carry out the Manufacturing USA USA PROGRAM.— There is authorized to be appropriated to the Program, including by awarding financial as- (1) POLICIES.— Secretary, for the period of fiscal years 2022 sistance under section 34(e) of the National (A) IN GENERAL.—Each agency head (as de- through 2026— Institute of Standards and Technology Act fined in section 34(a) of the National Insti- ‘‘(1) $9,425,000,000 to award grants and coop- (15 U.S.C. 278s(e)) for Manufacturing USA in- tute of Standards and Technology Act (15 erative agreements under subsection (f); and stitutes that were in effect on the day before U.S.C. 278s(a))) and the Secretary of Defense ‘‘(2) $575,000,000 to award grants and coop- the date of the enactment of this division; shall, in consultation with the Secretary of erative agreements under subsection (e).’’. and Commerce, establish policies to promote the (b) INITIAL DESIGNATIONS AND AWARDS.— (2) to expand such program to support in- domestic production of technologies devel- (1) COMPETITION REQUIRED.—Not later than novation and growth in domestic manufac- oped by the Manufacturing USA Network. 180 days after the date of the enactment of turing. (B) ELEMENTS.—The policies developed this division, the Secretary of Commerce (c) DIVERSITY PREFERENCES.—Section 34(e) under subparagraph (A) shall include the fol- shall commence a competition under sub- of the National Institute of Standards and lowing: section (d)(1) of section 28 of the Stevenson- Technology Act (15 U.S.C. 278s(e)) is amended (i) Measures to partner domestic devel- Wydler Technology Innovation Act of 1980 by adding at the end the following: opers of goods, services, or technologies by

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(i) REQUIREMENT FOR NATIONAL PROGRAM U.S.C. 15801)); (ii) Measures to develop and provide incen- OFFICE TO DEVELOP STRATEGIES FOR RETAIN- ‘‘(ii) Federal laboratories; tives to promote transfer of intellectual ING DOMESTIC PUBLIC BENEFIT AFTER CEASE ‘‘(iii) Manufacturing USA institutes (as de- property and goods, services, or technologies OF FEDERAL FUNDING.—Section 34(h)(2)(C) of scribed in section 2402 of the Endless Fron- developed by Manufacturing USA Network the National Institute of Standards and tiers Act); and activities to domestic manufacturers. Technology Act (15 U.S.C. 278s(h)(2)(C)) is ‘‘(iv) institutions of higher education. (iii) Measures to assist with supplier scout- amended by inserting ‘‘, including a strategy ‘‘(4) To build capabilities across the Hol- ing and other supply chain development, infor retaining domestic public benefits from lings Manufacturing Extension Partnership cluding the use of the Hollings Manufac- Manufacturing USA institutes once Federal for domestic supply chain resiliency and op- turing Extension Partnership to carry out funding has been discontinued’’ after ‘‘Pro- timization, including— such measures. gram’’. ‘‘(A) assessment of domestic manufac- (j) MODIFICATION OF FUNCTIONS OF NA- (iv) A process to review and approve or turing capabilities, expanded capacity for re- TIONAL PROGRAM OFFICE TO INCLUDE DEVEL- deny membership in a Manufacturing USA searching and deploying information on sup- OPMENT OF INDUSTRY CREDENTIALS.—Section institute by foreign-owned companies, espe- ply chain risk, hidden costs of reliance on 34(h)(2)(J) of the National Institute of Stand- cially from countries of concern, including offshore suppliers, and other relevant topics; ards and Technology Act (15 U.S.C. the People’s Republic of China. 278s(h)(2)(J)) is amended by inserting ‘‘, in- and (v) Measures to prioritize Federal procure- cluding the development of industry creden- ‘‘(B) expanded services to provide industry- ment of goods, services, or technologies de- tials’’ after ‘‘activities’’. wide support that assists United States man- veloped by the Manufacturing USA Network ufacturers with reshoring manufacturing to SEC. 2403. ESTABLISHMENT OF EXPANSION activities from domestic sources, as appro- AWARDS PROGRAM IN HOLLINGS strengthen the resiliency of domestic supply priate. MANUFACTURING EXTENSION PART- chains, including in critical technology (C) PROCESSES FOR WAIVERS.—The policies NERSHIP AND AUTHORIZATION OF areas and foundational manufacturing capa- established under this paragraph shall in- APPROPRIATIONS FOR THE PART- bilities that are key to domestic manufac- clude processes to permit waivers, on a case NERSHIP. turing competitiveness and resiliency, in- by case basis, for policies that promote do- (a) ESTABLISHMENT OF EXPANSION AWARDS cluding forming, casting, machining, joining, mestic production based on cost, avail- PROGRAM.—The National Institute of Stand- surface treatment, tooling, and metal or ability, severity of technical and mission re- ards and Technology Act (15 U.S.C. 271 et chemical refining. quirements, emergency requirements, oper- seq.) is amended by inserting after section ‘‘(e) REIMBURSEMENT.—The Director may ational needs, other legal or international 25A (15 U.S.C. 278k–1) the following: reimburse Centers for costs incurred by the treaty obligations, or other factors deemed ‘‘SEC. 25B. EXPANSION AWARDS PROGRAM. Centers under this section. important to the success of the Manufac- ‘‘(a) DEFINITIONS.—The terms used in this ‘‘(f) PROGRAM CONTRIBUTION.—Recipients of turing USA Program. section have the meanings given the terms awards under this section shall not be re- (2) PROHIBITION.— in section 25. quired to provide a matching contribution.’’. ‘‘(b) ESTABLISHMENT.—The Director shall (A) COMPANY DEFINED.—In this paragraph, (b) AUTHORIZATION OF APPROPRIATIONS.— establish, subject to the availability of ap- the term ‘‘company’’ has the meaning given (1) IN GENERAL.—There is authorized to be propriations, within the Hollings Manufac- such term in section 847(a) of the National appropriated to carry out the Hollings Manu- turing Extension Partnership under sections Defense Authorization Act for Fiscal Year facturing Extension Partnership program 25 and 26 a program of expansion awards 2020 (Public Law 116–92; 10 U.S.C. 2509 note). under sections 25, 25A, and 26 of the National among participants described in subsection (B) IN GENERAL.—A company of the Peo- Institute of Standards and Technology Act (c) of this section for the purposes described ple’s Republic of China may not participate in subsection (d) of this section. (15 U.S.C. 278k, 278k-1, and 278l), and section in the Manufacturing USA Program or the ‘‘(c) PARTICIPANTS.—Participants receiving 25B of such Act, as added by subsection (a), Manufacturing USA Network without a awards under this section shall be Centers, $480,000,000 for each of fiscal years 2022 waiver, as described in paragraph (1)(C). or a consortium of Centers. through fiscal year 2026. (h) COORDINATION OF MANUFACTURING USA ‘‘(d) PURPOSE OF AWARDS.—An award under (2) BASE FUNDING.—Of the amounts appro- INSTITUTES.— this section shall be made for one or more of priated pursuant to the authorization in (1) IN GENERAL.—Section 34(h) of the Na- the following purposes: paragraph (1), $216,000,000 shall be available tional Institute of Standards and Technology ‘‘(1) To provide worker education, training, in each fiscal year to carry out the Hollings Act (15 U.S.C. 278s(h)) is amended by adding development, and entrepreneurship training Manufacturing Extension Partnership under at the end the following: and to connect individuals or business with sections 25 and 25A of such Act (15 U.S.C. ‘‘(7) COUNCIL FOR COORDINATION OF INSTI- such services offered in their community, 278k and 278k-1), of which $40,000,000 shall not TUTES.— which may include employee ownership and be subject to cost share requirements under ‘‘(A) COUNCIL.—The National Program Of- workforce training, connecting manufactur- subsection (e)(2) of such section: Provided, fice shall establish or designate a council of ers with career and technical education enti- That the authority made available pursuant heads of any Manufacturing USA institute ties, institutions of higher education (includ- to this section shall be elective for any Man- receiving Federal funding at any given time ing community colleges), workforce develop- ufacturing Extension Partnership Center to foster collaboration between Manufac- ment boards, State government programs for that also receives funding from a State that turing USA institutes. advanced manufacturing, entities (such as is conditioned upon the application of a Fed- ‘‘(B) MEETINGS.—The council established or public-private partnerships) or a collection eral cost sharing requirement. designated under subparagraph (A) shall of entities and individuals carrying out an (3) EXPANSION AWARD PROGRAM.—Of the meet not less frequently than twice each advanced manufacturing forum that would amounts appropriated pursuant to the au- year. serve educationally underrepresented indi- thorization in paragraph (1), $264,000,000 shall ‘‘(C) DUTIES OF THE COUNCIL.—The council viduals (such as underrepresented racial and be available each fiscal year to carry out established under subparagraph (A) shall as- ethnic minorities), labor organizations, and section 25B of such Act, as added by sub- sist the National Program Office in carrying nonprofit job training providers to develop section (a). out the functions of the National Program and support training and job placement serv- SEC. 2404. NATIONAL MANUFACTURING ADVI- Office under paragraph (2).’’. ices, apprenticeship and online learning plat- SORY COUNCIL. (2) REPORT REQUIRED.—Not later than 180 forms, for new and incumbent workers, pro- (a) DEFINITIONS.—In this section: days after the date on which the council is gramming to prevent job losses when adopt- (1) ADVISORY COUNCIL.—The term ‘‘Advi- established under section 34(h)(7)(A) of the ing new technologies and processes, and de- sory Council’’ means the National Manufac- National Institute of Standards and Tech- velopment of employee ownership practices. turing Advisory Council established under nology Act, as added by paragraph (1), the ‘‘(2) To mitigate vulnerabilities to subsection (b)(1). council shall submit to the National Pro- cyberattacks, including helping to offset the (2) APPROPRIATE COMMITTEES OF CON- gram Office a report containing rec- cost of cybersecurity projects for small man- GRESS.—The term ‘‘appropriate committees ommendations for improving inter-network ufacturers. of Congress’’ means— collaboration. ‘‘(3) To expand advanced technology serv- (A) the Committee on Health, Education, (3) SUBMITTAL TO CONGRESS.—Not later ices to small- and medium-sized manufactur- Labor, and Pensions, the Committee on Com- than 30 days after the date on which the reers, which may include— merce, Science, and Transportation, the port required by paragraph (2) is submitted ‘‘(A) developing technology demonstration Committee on Energy and Natural Re- to the National Program Office, the Director laboratories; sources, the Committee on Armed Services, of the National Institute of Standards and ‘‘(B) services for the adoption of advanced and the Committee on Appropriations of the Technology shall submit such report to the technologies, including smart manufacturing Senate; and Committee on Commerce, Science, and technologies and practices; and (B) the Committee on Education and Transportation, the Committee on Energy ‘‘(C) establishing partnerships, for the de- Labor, the Committee on Science, Space, and Natural Resources, and the Committee velopment, demonstration, and deployment and Technology, the Committee on Energy on Armed Services of the Senate and the of advanced technologies, with— and Commerce, the Committee on Armed

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2615 Services, and the Committee on Appropria- ing to investment in and support of the man- ring before the expiration of the term for tions of the House of Representatives. ufacturing workforce relating to— which the member’s predecessor was ap- (3) SECRETARY.—The term ‘‘Secretary’’ (A) worker participation, including pointed shall be appointed only for the re- means the Secretary of Commerce. through labor organizations and through mainder of that term. A member may serve (b) ESTABLISHMENT.— other methods determined by the Advisory after the expiration of that term until a suc- (1) IN GENERAL.—The Secretary, in con- Council, in the planning for deployment of cessor has been appointed. sultation with the Secretary of Labor, the new technologies across an industry and (f) TRANSFER OF FUNCTIONS.— Secretary of Defense, the Secretary of En- within workplaces; (1) IN GENERAL.—All functions of the ergy, and the Secretary of Education, shall (B) training and education priorities for United States Manufacturing Council of the establish within the Department of Com- the Federal Government and for employers International Trade Administration of the merce the National Manufacturing Advisory to assist workers in adapting the skills and Department of Commerce, including the per- Council. experiences of those workers to fit the de- sonnel, assets, and obligations of the United (2) PURPOSE.—The purpose of the Advisory mands of the 21st century economy; States Manufacturing Council of the Inter- Council shall be to— (C) innovative suggestions from workers on national Trade Administration of the De- (A) provide worker education, training, de- the development of new technologies and partment of Commerce, as in existence on velopment, and entrepreneurship training; processes and, as appropriate, assessing the the day before the date of enactment of this (B) connect individuals and business with impact of those technologies and processes division, shall be transferred to the Advisory the services described in subparagraph (A) on the workforce and economy of the United Council. that are offered in the community of the in- States; (2) DEEMING OF NAME.—Any reference in dividuals or businesses; (D) management practices that lead to law, regulation, document, paper, or other (C) coordinate services relating to em- worker employment, job quality, worker pro- record of the United States to the United ployee engagement, including employee own- tection, worker participation and power in States Manufacturing Council of the Inter- ership and workforce training; decision making, and investment in worker national Trade Administration of the De- (D) connect manufacturers with career and career success; partment of Commerce shall be deemed a ref- technical education entities, institutions of (E) policies and procedures to prioritize di- erence to the Advisory Council. higher education, community colleges, work- versity and inclusion in the manufacturing (3) UNEXPENDED BALANCES.—Unexpended force development boards, labor organiza- and technology workforce by expanding ac- balances of appropriations, authorization, al- tions, and nonprofit job training providers to cess to job, career advancement, and man- locations, or other funds related to the develop and support training and job place- agement opportunities for underrepresented United States Manufacturing Council of the populations; and ment services and apprenticeship and online International Trade Administration of the (F) advice on how to improve access to de- learning platforms for new and incumbent Department of Commerce shall be available mand-driven education, training, and re- workers; for use by the Advisory Council for the pur- training for workers, including community (E) develop programming to prevent job pose for which the appropriations, authoriza- and technical colleges, higher education, ap- losses as entities adopt new technologies and tions, allocations, or other funds were origi- prenticeships and work-based learning oppor- processes; and nally made available. tunities; (F) develop best practices for employee (g) REPORT.—Not later than 180 days after (8) with respect to the manufacturing.gov ownership. the date on which the Advisory Council website, or any successor thereto, providing holds the initial meeting of the Advisory (c) MISSION.—The mission of the Advisory input and improvements in order to— Council and annually thereafter, the Advi- Council shall be to— (A) make that website more user-friendly sory Council shall submit to the appropriate (1) ensure regular communication between to enhance the ability of that website to— committees of Congress a report containing the Federal Government and the manufac- (i) provide information to manufacturers; a detailed statement of the advice and rec- turing sector in the United States; and ommendations of the Advisory Council re- (2) advise the Federal Government regard- (ii) receive feedback from manufacturers; quired under subsection (d)(7). ing policies and programs of the Federal (B) assist that website in becoming the TITLE V—MISCELLANEOUS Government that affect manufacturing in principal place of interaction between manu- SEC. 2501. STRATEGY AND REPORT ON ECO- the United States; facturers in the United States and Federal (3) provide a forum for discussing and pro- NOMIC SECURITY, SCIENCE, RE- programs relating to manufacturing; and SEARCH, AND INNOVATION TO SUP- posing solutions to problems relating to the (C) enable that website to provide assist- PORT THE NATIONAL SECURITY manufacturing industry in the United ance to manufacturers relating to— STRATEGY. States; and (i) international trade and investment (a) NATIONAL SECURITY STRATEGY DE- (4) ensure that the United States remains matters; FINED.—In this section, the term ‘‘national the preeminent destination throughout the (ii) research and technology development security strategy’’ means the national secu- world for investment in manufacturing. opportunities; rity strategy required by section 108 of the (d) DUTIES.—The duties of the Advisory (iii) workforce development and training National Security Act of 1947 (50 U.S.C. 3043). Council shall include— programs and opportunities; (b) STRATEGY AND REPORT.— (1) meeting not less frequently than every (iv) small and medium manufacturer (1) IN GENERAL.—Not later than 90 days 180 days to provide independent advice and needs; and after the transmission of each national secu- recommendations to the Secretary regarding (v) industrial commons and supply chain rity strategy under section 108(a) of the Na- issues involving manufacturing in the United needs. tional Security Act of 1947 (50 U.S.C. 3043(a)), States; (e) MEMBERSHIP.— the Director of the Office of Science and (2) completing specific tasks requested by (1) IN GENERAL.—The Advisory Council Technology Policy shall, in coordination the Secretary; shall— with the National Science and Technology (3) conveying input from key industry, (A) consist of individuals appointed by the Council, the Director of the National Eco- labor, academic, defense, governmental, and Secretary with a balance of backgrounds, ex- nomic Council, and the heads of such other other stakeholders to aid in the development periences, and viewpoints; and relevant Federal agencies as the Director of of a national strategic plan for manufac- (B) include an equal proportion of individ- the Office of Science and Technology Policy turing in the United States; uals with manufacturing experience who rep- considers appropriate and in consultation (4) monitoring the status of technological resent private industry, academia, and labor with such nongovernmental partners as the developments, critical production capacity, organizations. Director of the Office of Science and Tech- skill availability, investment patterns, (2) PUBLIC PARTICIPATION.—The Secretary nology Policy considers appropriate— emerging defense needs, and other key indi- shall, to the maximum extent practicable, (A) review such strategy, programs, and re- cators of manufacturing competitiveness to accept recommendations from the public resources as the Director of the Office of provide foresight for periodic updates to the garding the appointment of individuals Science and Technology Policy determines national strategic plan for manufacturing under paragraph (1). pertain to United States national competi- developed under paragraph (3); (3) PERIOD OF APPOINTMENT; VACANCIES.— tiveness in science, research, innovation, and (5) soliciting input from the public and pri- (A) IN GENERAL.—Each member of the Ad- technology transfer, including patenting and vate sectors and academia relating to emerg- visory Council shall be appointed by the Sec- licensing, to support the national security ing trends in manufacturing, the responsive- retary for a term of 3 years. strategy; ness of Federal programming with respect to (B) RENEWAL.—The Secretary may renew (B) develop or revise a national strategy to manufacturing, and suggestions for areas of an appointment made under subparagraph improve the national competitiveness of the increased Federal attention with respect to (A) not more than 2 additional terms United States in science, research, and inno- manufacturing; (C) STAGGER TERMS.—The Secretary may vation to support the national security (6) monitoring global manufacturing stagger the terms of the members of the Ad- strategy; and trends and global threats to manufacturing visory Council to ensure that the terms of (C) submit to Congress— sectors in the United States; the members expire during different years. (i) a report on the findings of the Director (7) providing advice and recommendations (D) VACANCIES.—Any member appointed to with respect to the review conducted under to the Federal Government on matters relat- fill a vacancy on the Advisory Council occur- subparagraph (A); and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2616 CONGRESSIONAL RECORD — SENATE May 18, 2021 (ii) the strategy developed or revised under (AA) known to be owned or controlled by (BB) organized under, or otherwise subject subparagraph (B). any governmental organization of the Peo- to, the laws of the People’s Republic of (2) TERMINATION.—The requirement of ple’s Republic of China; or China. paragraph (1) shall terminate on the date (BB) organized under, or otherwise subject (xii) An identification of additional re- that is 5 years after the date of the enact- to, the laws of the People’s Republic of sources, administrative action, or legislative ment of this Act. China. action recommended to assist with the im- (c) ELEMENTS.— (2) STRATEGY.—Each strategy submitted plementation of such strategy. (1) REPORT.—Each report submitted under under subsection (b)(1)(C)(ii) shall include (d) RESEARCH AND DEVELOPMENT FUND- subsection (b)(1)(C)(i) shall include the fol- the following: ING.—The Director of the Office of Science lowing: (A) A plan to utilize available tools to ad- and Technology Policy shall, as the Director (A) An assessment of public and private in- dress or minimize the leading threats and considers necessary, consult with the Direc- vestment in civilian and military science challenges and to take advantage of the lead- tor of the Office of Management and Budget and with the heads of such other elements of and technology and its implications for the ing opportunities, particularly in regards to the Executive Office of the President as the geostrategic position of the United States. key technology focus areas central to inter- Director of the Office of Science and Tech- (B) A description of the prioritized eco- national competition, including the fol- nomic security interests and objectives, in- nology Policy considers appropriate to en- lowing: cluding domestic job creation, of the United sure that the recommendations and prior- (i) Specific objectives, tasks, metrics, and States relating to science, research, and in- ities with respect to research and develop- milestones for each relevant Federal agency. novation and an assessment of how investment funding as expressed in the most recent (ii) Strategic objectives and priorities nec- ment in civilian and military science and report and strategy submitted under sub- technology can advance those objectives. essary to maintain the leadership of the section (b)(1)(C) are incorporated into the de- (C) An assessment of global trends in United States in science and technology, in- velopment of annual budget requests for Fed- science and technology, including potential cluding near-term, medium-term, and long- eral research agencies. threats to the leadership of the United term research priorities. (e) PUBLICATION.—The Director of the Of- States in science and technology. (iii) Specific plans to safeguard research fice of Science and Technology Policy shall, (D) An assessment of the national debt and and technology funded, as appropriate, in consistent with the protection of national its implications for the economic and na- whole or in part, by the Federal Govern- security and other sensitive matters and tional security of the United States. ment, including in the key technology focus otherwise to the maximum extent prac- (E) An assessment of how regional efforts areas, from theft or exfiltration by foreign ticable, make each report submitted under are contributing and could contribute to the entities of concern. subsection (b)(1)(C)(i) publicly available on innovation capacity of the United States, in- (iv) Specific plans to support public and an internet website of the Office of Science cluding programs run by State and local gov- private sector investment in research, tech- and Technology Policy. The report may in- ernments. nology development, education and work- clude a classified annex if the working group (F) An assessment of— force development, and domestic manufac- determines appropriate. (i) workforce needs for competitiveness in turing supportive of the national economic SEC. 2502. PERSON OR ENTITY OF CONCERN PRO- key technology focus areas; and competitiveness of the United States and to HIBITION. No person published on the list under sec- (ii) any efforts needed— foster the use of public-private partnerships. tion 1237(b) of the Strom Thurmond National (I) to expand pathways into key tech- (v) Specific plans to promote sustain- Defense Authorization Act for Fiscal Year nology focus areas; and ability practices and strategies for increas- 1999 (Public Law 105–261; 50 U.S.C. 1701 note) (II) to improve workforce development and ing jobs in the United States. or entity identified under section 1260H of employment systems, as well as programs (vi) A description of— the William M. (Mac) Thornberry National and practices to upskill incumbent workers. (I) how the strategy submitted under sub- Defense Authorization Act for Fiscal Year (G) An assessment of barriers to competi- section (b)(1)(C)(ii) supports the national security strategy; and 2021 (Public Law 116–283) may receive or par- tiveness and barriers to the development and ticipate in any grant, award, program, sup- (II) how the strategy submitted under such evolution of start-ups, small and mid-sized port, or other activity under— subsection is integrated and coordinated business entities, and industries. (1) the Directorate established in section with the most recent national defense strat- (H) An assessment of the effectiveness of 2102; egy under section 113(g) of title 10, United the Federal Government, federally funded re- (2) the supply chain resiliency program States Code. search and development centers, and na- under section 2505; tional labs in supporting and promoting (vii) A plan to encourage the governments (3) section 28(b)(1) of the Stevenson-Wydler technology commercialization and tech- of countries that are allies or partners of the Technology Innovation Act of 1980 (15 U.S.C. nology transfer, including an assessment of United States to cooperate with the execu- 3701 et seq.), as added by section 2401(a); or the adequacy of Federal research and devel- tion of the strategy submitted under sub- (4) the Manufacturing USA Program, as opment funding in creating new domestic section (b)(1)(C)(ii), where appropriate. improved and expanded under section 2402. manufacturing growth and job creation (viii) A plan for how the United States across sectors and promoting competitive- should develop local and regional capacity SEC. 2503. STUDY ON EMERGING SCIENCE AND TECHNOLOGY CHALLENGES FACED ness and the development of new tech- for building innovation ecosystems across BY THE UNITED STATES AND REC- nologies. the Nation by providing Federal support. OMMENDATIONS TO ADDRESS THEM. (I) An assessment of manufacturing capac- (ix) A plan for strengthening the industrial (a) SHORT TITLE.—This section may be ity, logistics, and supply chain dynamics of base of the United States. cited as the ‘‘National Strategy to Ensure major export sectors, including access to a (x) A plan to remove or update overly bur- American Leadership Act of 2021’’ or the skilled workforce, physical infrastructure, densome or outdated Federal regulations as ‘‘National SEAL Act of 2021’’. and broadband network infrastructure. appropriate. (b) STUDY.— (J) An assessment of how the Federal Gov- (xi) A plan— (1) IN GENERAL.—The Secretary of Com- ernment is increasing the participation of (I) to further incentivize industry partici- merce shall seek to enter into an agreement underrepresented populations in science, re- pation in public-private partnerships for the with the National Academies of Sciences, search, innovation, and manufacturing. purposes of accelerating technology research Engineering, and Medicine to conduct a (K) An assessment of public-private part- and commercialization, including alternate study— nerships in technology commercialization, ways of accounting for in-kind contributions (A) to identify the 10 most critical emerg- including— and value of partially manufactured prod- ing science and technology challenges facing (i) the structure of current technology re- ucts; the United States; and search and commercialization arrangements (II) to ensure that intellectual property de- (B) to develop recommendations for legis- with regard to public-private partnerships; veloped with Federal funding is commer- lative or administrative action to ensure and cialized in the United States; and United States leadership in matters relating (ii) the extent to which intellectual prop- (III) to ensure, to the maximum appro- to such challenges. erty developed with Federal funding— priate extent, that intellectual property de- (2) ELEMENTS.—The study conducted under (I) is being used to manufacture in the veloped with Federal funding is not being paragraph (1) shall include identification, re- United States rather than in other countries; used by foreign business entities that are view, and evaluation of the following: and majority owned or controlled (as defined in (A) Matters pertinent to identification of (II) is being used by foreign business enti- section 800.208 of title 31, Code of Federal the challenges described in paragraph (1)(A). ties that are majority owned or controlled Regulations, or a successor regulation), or (B) Matters relating to the recommenda- (as defined in section 800.208 of title 31, Code minority owned greater than 25 percent by— tions developed under paragraph (1)(B), in- of Federal Regulations, or a successor regu- (aa) any governmental organization of the cluding with respect to education and work- lation), or minority owned greater than 25 People’s Republic of China; or force development necessary to address each percent by— (bb) any other entity that is— of the challenges identified under paragraph (aa) any governmental organization of the (AA) known to be owned or controlled by (1)(A). People’s Republic of China; or any governmental organization of the Peo- (C) Matters related to the review of key (bb) any other entity that is— ple’s Republic of China; or technology focus areas by the Director of the

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2617 National Science Foundation under section ductor supply shortage and the impact of (B) the development of supply chain risk 2005. that shortage on manufacturing in the mitigation and recovery planning with re- (D) An assessment of the current relative United States. spect to a supply chain shock, including any balance in leadership in addressing the chal- SEC. 2505. SUPPLY CHAIN RESILIENCY PROGRAM. planned or past assessment, projection, or lenges identified in paragraph (1)(A) between (a) DEFINITIONS.—In this section: estimate of a vulnerability within the supply the United States, allies or key partners of (1) CRITICAL INDUSTRY.—The term ‘‘critical chain, including testing, supplier network the United States, and the People’s Republic industry’’ means an industry identified assessments, production flexibility, risk of China. under subsection (f)(1)(A)(i). evaluations thereto, risk management plan- (3) TIMEFRAME.— (2) CRITICAL INFRASTRUCTURE.—The term ning, or risk audits; or (A) AGREEMENT.—The Secretary of Com- ‘‘critical infrastructure’’ has the meaning (C) operational best practices, planning, merce shall seek to enter into the agreement given the term in the Critical Infrastruc- and supplier partnerships that enable en- required by paragraph (1) on or before the tures Protection Act of 2001 (42 U.S.C. 5195c). hanced supply chain resilience during a supply chain shock, including response, repair, date that is 60 days after the date of enact- (3) LABOR ORGANIZATION.—The term ‘‘labor ment of this Act. organization’’ has the meaning given the recovery, reconstruction, insurance, or con- (B) FINDINGS.—Under an agreement entered term in section 2101. tinuity. (b) ESTABLISHMENT.—The Secretary shall into under paragraph (1), the National Acad- (4) PROGRAM.—The term ‘‘program’’ means establish in the Department of Commerce a emies of Sciences, Engineering, and Medicine the supply chain resiliency and crisis re- shall, not later than 1 year after the date on supply chain resiliency and crisis response sponse program established under subsection program to carry out the activities described which the Secretary of Commerce and the (b). National Academies enter into such agree- in subsection (d). (5) RESILIENT SUPPLY CHAIN.—The term ‘‘re- (c) MISSION.—The mission of the program ment, transmit to the Secretary of Com- silient supply chain’’ means a supply chain shall be to— merce the findings of the National Acad- that— (1) help to promote the leadership of the emies with respect to the study conducted (A) ensures that the United States can sus- United States with respect to critical indus- pursuant to such agreement. tain critical industry production, supply tries that are essential to the mid-term and (c) REPORT.— chains, services, and access to critical goods long-term national security of the United (1) IN GENERAL.—Not later than 30 days and services during supply chain shocks, in- States; and after the date on which the Secretary of cluding pandemic and biological threats, (2) encourage partnerships between the Commerce receives the findings of the Na- cyberattacks, extreme weather events, ter- Federal Government and industry, labor or- tional Academies of Sciences, Engineering, rorist and geopolitical attacks, great power ganizations, and State, local, territorial, and and Medicine with respect to the study con- conflicts, and other threats to the national Tribal governments in order to— ducted under subsection (b), the Secretary of security of the United States; and (A) promote resilient supply chains; and Commerce shall submit to Congress a (B) has key components of resilience that (B) respond to critical industry supply ‘‘Strategy to Ensure American Leadership’’ include— chain shocks. report on such study. (i) effective private sector risk manage- (d) ACTIVITIES.—Under the program, the (2) CONTENTS.—The report submitted under ment and mitigation planning to sustain Secretary, acting through 1 or more bureaus paragraph (1) shall include the following: critical supply chains and supplier networks or other divisions of the Department of Com- (A) The findings of the National Academies during a supply chain shock; merce as appropriate, shall carry out activi- of Sciences, Engineering, and Medicine with (ii) minimized or managed exposure to sup- ties— respect to the study conducted under sub- ply chain shocks; and (1) in coordination with the private sector, section (b). (iii) the financial and operational capacity to— (B) The conclusions of the Secretary of to— (A) map and monitor critical industry sup- Commerce with respect to such findings. (I) sustain critical industry supply chains ply chains; and (C) The recommendations developed under during shocks; and (B) identify high priority supply chain gaps subsection (b)(1)(B). (II) recover from supply chain shocks. and vulnerabilities in critical industries (D) Such other recommendations for legis- (6) RELEVANT COMMITTEES OF CONGRESS.— that— lative or administrative action as the Sec- The term ‘‘relevant committees of Congress’’ (i) exist as of the date of enactment of this retary of Commerce may have with respect means— division; or to such findings and conclusions. (A) the Committee on Commerce, Science, (ii) are anticipated in the future; (3) CLASSIFIED ANNEX.—The report sub- and Transportation of the Senate; (2) in coordination with the private sector mitted under paragraph (1) shall be sub- (B) the Committee on Appropriations of and State, local, territorial, and Tribal gov- mitted in unclassified form, but may include the Senate; ernments, and as appropriate, in cooperation a classified annex if the Secretary of Com- (C) the Committee on Finance of the Sen- with the governments of countries that are merce determines appropriate. ate; allies or key international partners of the (d) INFORMATION FROM FEDERAL AGEN- (D) the Committee on Homeland Security United States, to— CIES.— and Governmental Affairs of the Senate; (A) identify opportunities to reduce supply (1) IN GENERAL.—The National Academies (E) the Committee on Armed Services of chain gaps and vulnerabilities in critical in- of Sciences, Engineering, and Medicine may the Senate; dustries; secure directly from a Federal department or (F) the Committee on Energy and Natural (B) encourage partnerships between the agency such information as the National Resources of the Senate; Federal Government and industry, labor or- Academies of Sciences, Engineering, and (G) the Select Committee on Intelligence ganizations, and State, local, territorial, and Medicine consider necessary to carry out the of the Senate; Tribal governments to better respond to sup- study under subsection (b). (H) the Committee on Science, Space, and ply chain shocks to critical industries and (2) FURNISHING INFORMATION.—On request Technology of the House of Representatives; coordinate response efforts; of the National Academies of Sciences, Engi- (I) the Committee on Energy and Com- (C) develop or identify opportunities to neering, and Medicine for information, the merce of the House of Representatives; build the capacity of the United States, or head of the department or agency shall fur- (J) the Committee on Appropriations of countries that are allies of the United nish such information to the National Acad- the House of Representatives; States, in critical industries; and emies of Sciences, Engineering, and Medi- (K) the Committee on Ways and Means of (D) develop contingency plans and coordi- cine. the House of Representatives; nation mechanisms to improve critical in- (e) CONSULTATION.—The Secretary of De- fense and the Director of National Intel- (L) the Committee on Homeland Security dustry supply chain response to supply chain ligence shall provide support upon request of the House of Representatives; shocks; and from the Secretary of Commerce or the Na- (M) the Committee on Armed Services of (3) acting within existing authorities of the tional Academies to carry out this section. the House of Representatives; and Department of Commerce and in coordina- (f) NON-DUPLICATION OF EFFORT.—In car- (N) the Permanent Select Committee on tion with the Secretary of State and the rying out subsection (b), the Secretary of Intelligence of the House of Representatives. United States Trade Representative, to— Commerce shall, to the degree practicable, (7) SECRETARY.—The term ‘‘Secretary’’ (A) work with governments of countries coordinate with the steering committee es- means the Secretary of Commerce. that are allies or partners of the United tablished under section 236(a) of the William (8) SUPPLY CHAIN INFORMATION.—The term States to promote diversified and resilient M. (Mac) Thornberry National Defense Au- ‘‘supply chain information’’ means informa- supply chains that ensure the supply of crit- thorization Act for Fiscal Year 2021 (Public tion that is not customarily in the public do- ical goods to both the United States and Law 116–283). main and relating to— companies of countries that are allies of the SEC. 2504. REPORT ON GLOBAL SEMICONDUCTOR (A) sustaining and adapting supply chains United States; and SHORTAGE. during a supply chain shock, including pan- (B) coordinate with other divisions of the Not later than 1 year after the date of en- demic and biological threats, cyberattacks, Department of Commerce and other Federal actment of this division, the Comptroller extreme weather events, terrorist and geo- agencies to leverage existing authorities, as General of the United States shall submit to political attacks, great power conflict, and of the date of enactment of this division, to Congress a report on the global semicon- other threats to national security; encourage resilient supply chains.

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(e) COORDINATION GROUP.—In carrying out of the United States, the allies of the United businesses in supply chains of the United the activities under subsection (d), the Sec- States, and the partners of the United States States and countries that are allies or part- retary may— that can sustain critical industries through ners of the United States to mitigate risks (1) establish a unified coordination group, a supply chain shock; and and ensure diverse and competitive supplier which may include private sector partners, (ii) any single points of failure in the sup- markets that are less vulnerable to single as appropriate, to serve as the primary ply chains described in clause (i); points of failure; and method for coordinating between and among (E) assesses the flexible manufacturing ca- (J) assessment of policies, rules, and regu- Federal agencies to plan for supply chain pacity and capabilities available in the lations that impact domestic manufacturing shocks; United States in the case of an emergency; operating costs and inhibit the ability for (2) establish subgroups of the unified co- (F) makes specific recommendations to im- domestic manufacturing to compete with ordination group established under para- prove the security and resiliency of manufac- global competitors. graph (1) led by the head of an appropriate turing capacity and supply chains for crit- (2) PROHIBITION.—The report submitted Federal agency; ical industries by— under paragraph (1) may not include— (3) through the unified coordination group (i) developing long-term strategies; (A) supply chain information that is not established under paragraph (1)— (ii) increasing visibility into the networks aggregated; or (A) acquire on a voluntary basis technical, and capabilities of suppliers; (B) confidential business information of a engineering, and operational supply chain in- (iii) identifying industry best practices; private sector entity. formation from the private sector, in a man- (iv) evaluating how diverse supplier net- (g) SEMICONDUCTOR INCENTIVES.— ner that ensures any supply chain informa- works, multi-platform and multi-region pro- (1) IN GENERAL.—The Secretary shall carry tion provided by the private sector is kept duction capabilities and sources, and inte- out the program established under section confidential and as required under section grated global and regional supply chains can 9902 of the William M. (Mac) Thornberry Na- 552 of title 5, United States Code (commonly enhance the resilience of— tional Defense Authorization Act for Fiscal known as the ‘‘Freedom of Information (I) critical industries in the United States; Year 2021 (Public Law 116–283) as part of the Act)’’; (II) jobs in the United States; program. (B) study the supply chain information ac- (III) capabilities of the United States; and (2) TECHNICAL AND CONFORMING AMEND- quired under subparagraph (A) to assess crit- (IV) the support access of the United MENT.—Section 9902(a)(1) of the William M. ical industry supply chain resilience and in- States to needed goods and services during a (Mac) Thornberry National Defense Author- form planning; supply chain shock; ization Act for Fiscal Year 2021 (Public Law (C) convene with relevant private sector (v) identifying and mitigating risks, in- 116–283) is amended by striking ‘‘in the De- entities to share best practices, planning, cluding— partment of Commerce’’ and inserting ‘‘as and capabilities to response to potential sup- (I) the financial and operational risks of a part of the program established under sec- ply chain shocks; and supply chain after a supply chain shock; tion 2505 of the Endless Frontier Act’’. (D) develop contingency plans and coordi- (II) significant vulnerabilities to extreme (h) REPORT TO CONGRESS.—Concurrent with nation mechanisms to ensure an effective weather events, cyberattacks, pandemic and the annual submission by the President of and coordinated response to potential supply biological threats, terrorist and geopolitical the budget under section 1105 of title 31, chain shocks; and attacks, and other emergencies; and United States Code, the Secretary shall sub- (4) enter into agreements with govern- (III) exposure to gaps and vulnerabilities mit to the relevant committees of Congress ments of countries that are allies or partners in— of the United States relating to enhancing (aa) domestic capacity or capabilities; and a report that contains a summary of every critical industry supply chain security and (bb) sources of imports needed to sustain activity carried out under this section dur- resilience in response to supply chain critical industries; ing the year covered by the report. shocks. (vi) identifying enterprise resource plan- (i) COORDINATION.— (f) REPORT ON SUPPLY CHAIN RESILIENCY ning systems that are— (1) IN GENERAL.—In implementing the pro- AND DOMESTIC MANUFACTURING.— (I) compatible across supply chain tiers; gram, the Secretary shall, as appropriate co- (1) IN GENERAL.—Not later than 1 year after and ordinate with— the date of enactment of this division, and (II) affordable for small and medium-sized (A) the heads of Federal agencies, includ- from time to time thereafter, the Secretary, businesses; ing— in coordination with relevant Federal agen- (vii) understanding the total cost of owner- (i) the Secretary of State; and cies and relevant private sector entities, ship, total value contribution, and other best (ii) the United States Trade Representa- labor organizations, and State, local, terri- practices that encourage strategic partner- tive; and torial, and Tribal governments, shall submit ships throughout supply chains; (B) the Attorney General and the Federal to the relevant committees of Congress a re- (viii) understanding Federal procurement Trade Commission with respect to— view that— opportunities to increase resiliency of supply (i) advice on the design and activities of (A) identifies— chains for goods and services and fill gaps in the unified coordination group described in (i) industries that are critical for the na- domestic purchasing; subsection (e)(1); and tional security of the United States, consid- (ix) identifying policies that maximize job (ii) ensuring compliance with Federal anti- ering the key technology focus areas under retention and creation in the United States, trust law. this division and critical infrastructure; and including workforce development programs; (2) SPECIFIC COORDINATION.—In imple- (ii) supplies that are critical to the crisis (x) identifying opportunities to work with menting the program, with respect to supply preparedness of the United States; allies or key partners of the United States in chains involving specific sectors, the Sec- (B) describes— building more resilient critical industry sup- retary shall, as appropriate, coordinate (i) the manufacturing base and supply ply chains and mitigating risks; with— chains for critical industries in the United (xi) identifying areas requiring further in- (A) the Secretary of Defense; States as of the date of enactment of this di- vestment in research and development or (B) the Secretary of Homeland Security; vision, including the manufacturing base and workforce education; and (C) the Secretary of the Treasury; supply chains for— (xii) identifying such other services as the (D) the Secretary of Energy; (I) raw materials; Secretary determines necessary; (E) the Secretary of Transportation; (II) production equipment; and (G) provides guidance to the Department of (F) the Secretary of Agriculture; (III) other goods, including semiconduc- Commerce, the National Science Founda- (G) the Director of National Intelligence; tors, that are essential to the production of tion, and other relevant Federal agencies and technologies and supplies for critical indus- with respect to technologies and supplies (H) the heads of other relevant agencies. tries; and that should be prioritized; (j) RULE OF CONSTRUCTION.—Nothing in this (ii) the ability of the United States to— (H) with respect to countries that are al- section shall be construed to require any pri- (I) maintain readiness; and lies or key partners of the United States— vate entity— (II) in response to a supply chain shock— (i) reviews and, if appropriate, provides (1) to share information with the Sec- (aa) surge production in critical industries; recommendations for expanding the sourcing retary; and of goods associated with critical industries (2) to request assistance from the Sec- (bb) maintain access to critical goods and from those countries; and retary; or services; (ii) recommends coordination with those (3) that requests assistance from the Sec- (C) identifies defense, intelligence, home- countries on— retary to implement any measure or rec- land, economic, domestic labor supply, nat- (I) sourcing critical raw materials, inputs, ommendation suggested by the Secretary. ural, geopolitical, or other contingencies and products; and (k) PROTECTIONS.— that may disrupt, strain, compromise, or (II) sustaining production and availability (1) IN GENERAL.— eliminate the supply chain for those critical of critical supplies during a supply chain (A) PROTECTIONS.—Subsections (a)(1), (b), industries; shock; (c), and (d) of section 2224 of the Homeland (D) assesses— (I) monitors and makes recommendations Security Act of 2002 (6 U.S.C. 673) shall apply (i) the resiliency and capacity of the manu- for strengthening the financial and oper- to the voluntary submission of supply chain facturing base, supply chains, and workforce ational health of small and medium-sized information by a private entity under this

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2619 section in the same manner as those provi- ‘‘(4) The term ‘critical manufacturing in- (2) by adding at the end the following: sions apply to critical infrastructure infor- dustry’— ‘‘(d) SENSE OF CONGRESS.—It is the sense of mation voluntarily submitted to a covered ‘‘(A) means an industry— Congress that, in carrying out subsection (a), agency for an other informational purpose ‘‘(i) that is assigned a North American In- the Secretary should allocate funds in a under that subsection if the voluntary sub- dustry Classification System code beginning manner that— mission is accompanied by an express state- with 31, 32, or 33; and ‘‘(1) strengthens the security and resilience ment described in paragraph (2) of this sub- ‘‘(ii) for which the industry components of the semiconductor supply chain, including section; and that are assigned a North American Industry by mitigating gaps and vulnerabilities; (B) REFERENCES.—For the purpose of this Classification System code beginning with ‘‘(2) provides a supply of secure semi- subsection, with respect to section 2224 of the same 4 digits as the industry— conductors relevant for national security; the Homeland Security Act of 2002 (6 U.S.C. ‘‘(I) manufacture primary products and ‘‘(3) strengthens the leadership of the parts, the sum of which account for not less 673)—— United States in semiconductor technology; than 5 percent of the manufacturing value (i) the express statement described in sub- ‘‘(4) grows the economy of the United added by industry gross domestic product of section (a)(1) of that section shall be deemed States and supports job creation in the the United States; and to refer to the express statement described United States; and ‘‘(II) employ individuals for primary prod- in paragraph (2) of this subsection; ‘‘(5) improves the resiliency of the semi- ucts and parts manufacturing activities (ii) references in the subsections described conductor supply chains of critical manufac- that, combined, account for not less than 5 in subparagraph (A) to ‘‘this subtitle’’ shall turing industries. be deemed to refer to this section; percent of manufacturing employment in the (iii) the reference to ‘‘protecting critical United States; and ‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE infrastructure or protected systems’’ in sub- ‘‘(B) may include any other manufacturing TECHNOLOGY NODES.— section (a)(1)(E)(iii) of that section shall be industry designated by the Secretary based ‘‘(1) IN GENERAL.—The Secretary shall es- deemed to refer to carrying out this section; on the relevance of the manufacturing indus- tablish within the program established under and try to the national and economic security of subsection (a) an additional program that (iv) the reference to ‘‘critical infrastruc- the United States, including the impacts of provides Federal financial assistance to cov- ture information’’ in subsections (b) and (c) job losses.’’; ered entities to incentivize investment in fa- of that section shall be deemed to refer to (3) by inserting after paragraph (8), as so cilities and equipment in the United States supply chain information. redesignated, the following: for the fabrication, assembly, testing, or advanced packaging of semiconductors at ma- (2) EXPRESS STATEMENT.—The express ‘‘(9) The term ‘mature technology node’ statement described in this paragraph, with has the meaning given the term by the Sec- ture technology nodes. respect to information or records, is— retary.’’. ‘‘(2) ELIGIBILITY AND REQUIREMENTS.—In (b) SEMICONDUCTOR PROGRAM.—Section 9902 (A) in the case of written information or order for an entity to qualify to receive Fed- of the William M. (Mac) Thornberry National records, a written marking on the informa- eral financial assistance under this sub- Defense Authorization Act for Fiscal Year tion or records substantially similar to the section, the covered entity shall— 2021 (Public Law 116–283) is amended— ‘‘(A) submit an application under sub- following: ‘‘This information is voluntarily (1) in subsection (a)(2)— submitted to the Federal Government in ex- section (a)(2)(A); (A) in subparagraph (B)(ii)— ‘‘(B) meet the eligibility requirements pectation of protection from disclosure as (i) in subclause (III), by striking ‘‘and’’ at provided by the provisions of section 2505 of under subsection (a)(2)(B); the end; ‘‘(C)(i) provide equipment or materials for the Endless Frontier Act.’’; or (ii) in subclause (IV), by striking the pe- (B) in the case of oral information, a writ- the fabrication, assembly, testing, or ad- riod at the end and inserting ‘‘and’’; and vanced packaging of semiconductors at ma- ten statement similar to the statement de- (iii) by adding at the end the following: scribed in subparagraph (A) submitted with- ture technology nodes in the United States; ‘‘(V) determined— or in a reasonable period following the oral ‘‘(aa) the type of semiconductor tech- communication. ‘‘(ii) fabricate, assemble using advanced nology the covered entity will produce at the packaging, or test semiconductors at mature (3) INAPPLICABILITY TO SEMICONDUCTOR IN- facility described in clause (i); and technology nodes in the United States; CENTIVE PROGRAM.—This subsection shall not ‘‘(bb) the customers to which the covered apply to the voluntary submission of supply ‘‘(D) commit to using any Federal financial entity plans to sell the semiconductor tech- assistance received under this section to in- chain information by a private entity in an nology described in item (aa).’’; application for Federal financial assistance crease the production of semiconductors at (B) in subparagraph (C)— mature technology nodes; and under section 9902 of the William M. (Mac) (i) in clause (i)— Thornberry National Defense Authorization ‘‘(E) be subject to the considerations de- (I) in subclause (II), by striking ‘‘is in the scribed in subsection (a)(2)(C). Act for Fiscal Year 2021 (Public Law 116–283). interest of the United States’’ and inserting ‘‘(3) PROCEDURES.—In granting Federal fi- (l) DETERMINATION RELATED TO OPTICAL ‘‘is in the economic and national security in- nancial assistance to covered entities under TRANSMISSION EQUIPMENT.— terests of the United States’’; and this subsection, the Secretary may use the (1) PROCEEDING.—Not later than 45 days (II) in subclause (III), by striking ‘‘and’’ at procedures established under subsection (a). after the date of enactment of this division , the end; the Secretary of Commerce shall commence ‘‘(4) CONSIDERATIONS.—In addition to the (ii) in clause (ii)(IV), by striking ‘‘and’’ at considerations described in subsection a process to make a determination for pur- the end; poses of sect ion 2 of the Secure and Trusted (a)(2)(C), in granting Federal financial assist- (iii) by redesignating clause (iii) as clause ance under this section, the Secretary may Communications Networks Act of 2019 (47 (iv); and U.S.C. 1601) whether optical transmission consider whether a covered entity produces (iv) by inserting after clause (ii) the fol- or supplies equipment or materials used in equipment manufactured, produced, or dis- lowing: tributed by an entity owned, controlled, or the fabrication, assembly, testing, or ad- ‘‘(iii) the Secretary shall consider the type vanced packaging of semiconductors at ma- supported by the People’s Republic of China of semiconductor technology produced by poses an unacceptable risk to the national ture technology nodes that are necessary to the covered entity and whether that semi- support a critical manufacturing industry. security of the United States or the security conductor technology advances the economic and safety of United States persons. ‘‘(5) PRIORITY.—In awarding Federal finan- and national security interests of the United cial assistance to covered entities under this (2) COMMUNICATION OF DETERMINATION.—If States; and’’; subsection, the Secretary shall give priority the Secretary determines pursuant to para- (C) by redesignating subparagraph (D) as graph (1) that such optical transmission to covered entities that support the resil- subparagraph (E); and iency of semiconductor supply chains for equipment poses an unacceptable risk con- (D) by inserting after subparagraph (C) the sistent with that paragraph, the Secretary critical manufacturing industries in the following: United States. shall immediately transmit that determina- ‘‘(D) PRIORITY.—In awarding Federal finan- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— tion to the Federal Communications Com- cial assistance to covered entities under submission consistent with section 2 of the Se- There are authorized to be appropriated to section (a), the Secretary shall give priority the Secretary to carry out this subsection cure and Trusted Communications Networks to ensuring that a covered entity receiving Act of 2019 (47 U.S.C. 1601). $2,000,000,000, which shall remain available financial assistance will— until expended. SEC. 2506. SEMICONDUCTOR INCENTIVES. ‘‘(i) manufacture semiconductors nec- (a) DEFINITIONS.—Section 9901 of the Wil- essary to address gaps and vulnerabilities in ‘‘(f) CONSTRUCTION PROJECTS.—Section 602 liam M. (Mac) Thornberry National Defense the domestic supply chain across a diverse of the Public Works and Economic Develop- Authorization Act for Fiscal Year 2021 (Pub- range of technology and process nodes; and ment Act of 1965 (42 U.S.C. 3212) shall apply lic Law 116–283) is amended— ‘‘(ii) provide a secure supply of semi- to a construction project that receives finan- (1) by redesignating paragraphs (4), (5), (6), conductors necessary for the national secu- cial assistance from the Secretary under this (7), (8), and (9) as paragraphs (5), (6), (7), (8), rity, manufacturing, critical infrastructure, section.’’. (10), and (11), respectively; and technology leadership of the United (c) ADVANCED MICROELECTRONICS RESEARCH (2) by inserting after paragraph (3) the fol- States and other essential elements of the AND DEVELOPMENT.—Section 9906 of the Wil- lowing: economy of the United States.’’; and liam M. (Mac) Thornberry National Defense

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2620 CONGRESSIONAL RECORD — SENATE May 18, 2021 Authorization Act for Fiscal Year 2021 (Pub- or individual that was awarded before the ticipation in the public decision-making lic Law 116–283) is amended by adding at the date of the enactment of this division, or to process. end the following: expand the purposes of such an award, in (3) The innovative and manufacturing ca- ‘‘(h) INFRASTRUCTURE GRANTS.—Section 602 order to— pabilities of business in the United States, of the Public Works and Economic Develop- (i) enable a postsecondary student or post- when properly fostered, applied, and sup- ment Act of 1965 (42 U.S.C. 3212) shall apply doctoral researcher to complete work; ported, can effectively assist in improving to a construction project that receives finan- (ii) enable research scientists, technical the quality of life for people in the United cial assistance from the Secretary under this staff, research associates, and principal in- States, in anticipating and addressing section.’’. vestigators to complete work; emerging international, national, and local SEC. 2507. RESEARCH INVESTMENT TO SPARK (iii) extend the training of a postsecondary problems, and strengthening the inter- THE ECONOMY ACT. student, or the employment of a post-doc- national economic engagement and pio- (a) DEFINITIONS.—In this section: toral researcher, on an ongoing research neering leadership of the United States. (1) AWARD.—The term ‘‘award’’ includes a project for up to 2 years because of the dis- (4) Just as Federal funding for science and grant, cooperative agreement, or other fi- ruption of the job market; technology represents an investment in the nancial assistance. (iv) create research opportunities for up to future, strategically addressing gaps in the (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 2 years for graduate students and post-doc- innovation pipeline of the United States The term ‘‘COVID–19 public health emer- toral researchers; would— gency’’ means the public health emergency (v) replace, refurbish, or otherwise make (A) contribute to converting research and declared by the Secretary of Health and usable laboratory animals, reagents, equip- development investments into high-value, Human Services under section 319 of the ment, or other items required for research; quality job-creating product production and Public Health Service Act (42 U.S.C. 247d) on (vi) facilitate other research (including capture domestic and global markets; and January 31, 2020, with respect to the field work), training, and ongoing construc- (B) strengthen the economic posture of the Coronavirus Disease 2019 (COVID–19). tion activities, including at institutions that United States. (3) RESEARCH INSTITUTION.—The term ‘‘re- are disproportionately affected by the (5) The capabilities of the United States at search institution’’ means the following: COVID–19 public health emergency (such as both the Federal and State levels need en- (A) An institution of higher education (as minority-serving institutions and 2-year in- hanced strategic planning and influence over defined in section 101(a) of the Higher Edu- stitutions of higher education); policy formulation for industrial innovation cation Act of 1965 (20 U.S.C. 1001(a))). (vii) enable experimental field campaigns and technology development, as well as a (B) A Tribal College or University (as de- and maintenance of field infrastructure, in- means to ensure an adequate workforce. fined in section 316 of the Higher Education cluding through replacement of disrupted ex- (b) SENSE OF CONGRESS.— Act of 1965 (20 U.S.C. 1059c)). perimental data to enable completion of im- (1) PRIORITY GOALS.—It is the sense of Con- (C) A nonprofit entity that conducts Feder- pacted research; and gress that manufacturing and industrial in- ally funded research. (viii) support training in online course de- novation should include contributing to the (4) RESEARCH LABORATORY.—The term ‘‘Re- livery and virtual research experiences that following priority goals: search Laboratory’’ means the following: will improve quality and access needed to (A) Taking concrete national action to re- (A) A National Laboratory (as defined in continue undergraduate, graduate, and post- build, restore, and expand domestic manu- section 2 of the Energy Policy Act of 2005 (42 doctoral training; facturing capabilities, skills, and production U.S.C. 15801)). (B) issue awards to research institutions, capacity, including world-class infrastruc- (B) A Federally Funded Research and De- Research Laboratories, or other individuals ture. velopment Center for purposes of section to conduct research on the effects of the (B) Rebuilding the industrial innovation 35.017 of title 48, Code of Federal Regula- Coronavirus Disease 2019 and future poten- commons, including common resources, tions, or a successor regulation. tial pandemics, on the effects and effective- technical knowledge, and entrepreneurial op- (b) AWARD AND MODIFICATION OF GRANTS, ness of responses to such diseases, and on im- portunities associated with technical con- COOPERATIVE AGREEMENTS AND OTHER FINAN- proving the prediction of the possible courses cepts. CIAL ASSISTANCE FOR INSTITUTIONS OF HIGHER of such pandemics; and (C) Supporting domestic supply chains. EDUCATION, RESEARCH LABORATORIES, AND (C) provide flexibility on an award for (D) Expanding production capabilities, co- OTHER RESEARCH INSTITUTIONS TO ADDRESS funds made available to an agency, by any operation, and knowledge. MATTERS RELATING TO DISRUPTION CAUSED BY prior or subsequent Act, by modifying the (E) Revitalizing communities harmed by COVID–19.— terms and conditions of the award with a re- historical and poorly conceived, imple- (1) IN GENERAL.—Each officer specified in search institution, Research Laboratory, or mented, and enforced regulatory and trade paragraph (2) may exercise the authorities individual due to facility closures or other policies. described in paragraph (3). limitations during the COVID–19 public (F) Developing a strategy for innovation (2) OFFICERS.—The officers specified in this health emergency. and establishment of manufacturing indus- paragraph are as follows: tries of the future, including adoption and (4) MODIFICATIONS.—The modifications au- (A) The Secretary of Commerce, acting thorized by paragraph (3)(C) include, but are production of Industry 4.0 technology to sup- through the Administrator of the National not limited to— port domestic economic expansion, particu- Oceanic and Atmospheric Administration (A) the provision of supplemental funding larly manufacturers with fewer than 800 em- and the Director of the National Institute of to extend the duration of the award con- ployees, and in traditionally underserved Standards and Technology. cerned; and communities. (B) The Secretary of Agriculture. (B) flexibility on the allowable expenses (G) Contributing to national health and se- (C) The Secretary of Defense. under such award. curity and emergency readiness and resil- (D) The Secretary of Education. (c) PROCEDURES.—The officers specified in ience, including addressing environmental (E) The Secretary of Energy, acting for the subsection (b)(2) shall each establish proce- concerns. Department of Energy (with respect to En- dures to carry out subsection (b). (H) Strengthening the economy of the ergy Efficiency and Renewable Energy, Nu- (d) EXPEDITED AWARDS.—Awards under sub- United States and promoting full employ- clear Energy, and Fossil Research and Devel- section (b) shall be issued as expeditiously as ment in high-quality, high-wage jobs opment) and through the Office of Science, possible. through useful industrial and technological the Advanced Research Projects Agency–En- SEC. 2508. OFFICE OF MANUFACTURING AND IN- innovation. ergy (ARPA–E), and the Office of Electricity. DUSTRIAL INNOVATION POLICY. (I) Cultivating, utilizing, and enhancing (F) The Secretary of Interior, acting (a) FINDINGS.—Congress finds the fol- academic and industrial thought-leadership through the Director of the United States lowing: with practical workforce development and Geological Survey. (1) The general welfare, security, and eco- training to the fullest extent possible. (G) The Secretary of Health and Human nomic health and stability of the United (J) Implementing a national strategy that Services, acting through the Director of the States require a long-term, substantial, co- identifies and prioritizes high growth, high National Institutes of Health. ordinated, and multidisciplinary strategy value-added industries, products, and compo- (H) The Secretary of Transportation. and implementation of cohesive objectives to nents of national importance to the long- (I) The Administrator of the National Aer- remain at the forefront of industrial innova- term economic, environmental, national se- onautics and Space Administration. tion. curity, and public health of the United (J) The Administrator of the Environ- (2) The large and complex innovative and States. mental Protection Agency. technological capabilities of global supply (2) NATIONAL POLICY.—In view of the find- (K) The Director of the National Science chains and manufacturing economies, which ings under subsection (a), it is the sense of Foundation. influence the course of national and inter- Congress that the Federal Government and (3) AUTHORITIES.—The officers specified in national manufacturing and innovative rel- public and private institutions in the United paragraph (2) may— evance, require appropriate attention, in- States should pursue a national policy of (A) provide supplemental funding to extend cluding long-range inclusive planning and manufacturing and industrial innovation the duration of an award disrupted because more immediate program development, to that includes the following principles: of the COVID–19 public health emergency to encourage and support private manufac- (A) Ensuring global leadership in advanced a research institution, Research Laboratory, turing growth in the United States and par- manufacturing technologies critical to the

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2621 long-term economic, environmental, and (iii) enhance manufacturing workforce pre- (III) securing appropriate funding for pro- public health of the United States, and to paredness; grams so identified by the President or the the long-term national security of the (iv) prioritize the development of means to Chief Manufacturing Officer; United States. support diversity and inclusion throughout (IV) anticipating future concerns to which (B) Restoring and strengthening the indus- the manufacturing and industrial sector; industrial and innovative manufacturing can trial commons of the United States, includ- (v) promote the consideration of, and sup- contribute and devise industrial strategies ing— port to, minority-owned and women-owned for such purposes; (i) essential engineering and production manufacturing contractors of the Federal (V) reviewing systematically the manufac- skills; Government; and turing and industrial innovation policy and (ii) infrastructure for research and devel- (vi) support the ingenuity and entrepre- programs of the Federal Government and opment, standardization, and metrology; neurship of the United States by providing recommending legislative amendments to (iii) process innovations and manufac- enhanced attention to manufacturing those policies and programs when needed; turing know-how; startups and small businesses in the United and (iv) equipment; and States; (VI) reforming policies, rules, and regula- (v) suppliers that provide the foundation (B) Federal trade and monetary policies tions that harm domestic manufacturing and for the innovativeness and competitiveness should— inhibit domestic manufacturing from com- of all manufacturers in the United States. (i) ensure that global competition in man- peting with global competitors; and (C) Strengthening the technical, financial, ufacturing is free, open, and fair; (ii) the elements described in clause (i) and educational commons and assets nec- should include a data collection, analysis, (ii) prioritize policies and investments that essary to ensure that the United States is and advisory mechanism within the Execu- support domestic manufacturing growth and the best positioned nation for the creation tive Office of the President to provide the innovation; and and production of advanced technologies and President with independent, expert judgment (iii) not be utilized to offshore poor manu- products emerging from national research and assessments of the complex manufac- facturing working conditions or destructive and development investments. turing and industrial features involved; and manufacturing environmental practices; (D) Capitalizing on the scientific and tech- (B) that it is the responsibility of the Fed- (C) Federal policies and practices should nological advances produced by researchers eral Government to— and innovators in the United States by de- reasonably prioritize competitiveness for (i) promote prompt, effective, reliable, and veloping capable and responsive institutions manufacturing and industrial innovation ef- systematic dissemination of manufacturing focused on advancing the technology and forts in the United States, but should not and industrial information— manufacturing readiness levels of those ad- sacrifice the quality of employment opportu- (I) by such methods as may be appropriate; vances. nities, including the health and safety of and (E) Supporting the discovery, invention, workers, pay, and benefits; (II) through efforts conducted by non- start-up, ramp-up, scale-up, and transition of (D) Federal manufacturing and industrial governmental organizations, including in- new products and manufacturing tech- innovation policies, practices, and priorities dustrial groups, technical societies, and edu- nologies to full-scale production in the should reasonably improve environmental cational entities; United States. sustainability within the manufacturing in- (ii) coordinate and develop a manufac- (F) Addressing the evolving needs of manu- dustry, while minimizing economic impact; turing industrial strategy and facilitate the facturers for a diverse set of workers with (E) Federal patent policies should be devel- close coupling of this manufacturing strat- the necessary skills, training, and expertise oped, based on uniform principles, which egy with commercial manufacturing applica- as manufacturers in the United States in- have as their objective to preserve incentives tion; and crease high-quality, high-wage employment for industrial technological innovation and (iii) enhance domestic development and opportunities. the application of procedures that will con- utilization of such industrial information by (G) Improving and expanding manufac- tinue to assure the full use of beneficial prioritization of efforts with manufacturers, turing engineering and technology offerings technology to serve the public; the production of which takes place in the within institutions of higher education, in- (F) Federal efforts should promote and sup- United States. cluding 4-year engineering technology pro- port a strong system of intellectual property (c) ESTABLISHMENT.— grams at polytechnic institutes and sec- rights to include trade secrets, through both (1) IN GENERAL.—The President shall ap- ondary schools, to be more closely aligned protection of intellectual property rights point, by and with the advice and consent of with the needs of manufacturers in the and enforcement against intellectual prop- the Senate, a Chief Manufacturing Officer to United States and the goal of strengthening erty theft, and broad engagement to limit serve within the Executive Office of the the long-term competitiveness of such manu- foreign efforts to illegally or inappropriately President. facturing. utilize compromised intellectual property; (2) OFFICE.— (H) Working collaboratively with Federal (G) closer relationships should be encour- (A) IN GENERAL.—There is established in agencies, State and local governments, Trib- aged among practitioners of scientific and the Executive Office of the President an Of- al governments, regional authorities, insti- technological research and development and fice of Manufacturing and Industrial Innova- tutions of higher education, economic devel- those who apply those foundations to domes- tion Policy (referred to in this section as the opment organizations, and labor organiza- tic commercial manufacturing; ‘‘Office’’). tions that primarily represent workers in (H) the full use of the contributions of (B) CMO.—The Chief Manufacturing Officer manufacturing to leverage their knowledge, manufacturing and industrial innovation to shall— resources, applied research, experimental de- support State and local government goals (i) head the Office; and velopment, and programs to foster manufac- should be encouraged; (ii) serve as a source of manufacturing and turing in the United States so as to antici- (I) formal recognition should be accorded industrial innovation analysis and judgment pate and prepare for emergencies and global, to those persons, the manufacturing and infor the President and the Director of the Na- national, and regional supply chain disrup- dustrial innovation achievements of which tional Economic Council with respect to the tions, including disruptions brought on and contributed significantly to the national major policies, plans, and programs of the exacerbated by changing environmental and welfare; and Federal Government relating to manufac- other circumstances. (J) departments, agencies, and instrumen- turing and industrial innovation. (I) Recognizing that, as changing cir- talities of the Federal Government should (d) CHIEF MANUFACTURING OFFICER; ASSO- cumstances require the periodic revision and establish procedures to ensure among them CIATE MANUFACTURING OFFICERS.— adaptation of this section, Congress is re- the systematic interchange of data, efforts, (1) CHIEF MANUFACTURING OFFICER.— sponsible for— and findings developed under their programs. (A) FUNCTIONS.— (i) identifying and interpreting the changes (K) policies, rules, and regulations that (i) PRIMARY FUNCTION.—To the extent con- in those circumstances as they occur; and negatively impact domestic manufacturing sistent with law, the Chief Manufacturing (ii) affecting subsequent changes to this should be reformed. Officer shall report to the President, and section, as appropriate. (4) IMPLEMENTATION.—To implement the such agencies within the Executive Office of (J) Reforming rules, regulations, and pol- national policy described in paragraph (2), it the President and the Director of the Na- icy, which negatively impact domestic man- is the sense of Congress— tional Economic Council, as may be appro- ufacturing. (A) that— priate, on issues regarding and impacting (3) PROCEDURES.—It is the sense of Con- (i) the Federal Government should main- manufacturing and industrial innovation ef- gress that, in order to expedite and facilitate tain integrated policy planning elements in forts of the Federal Government, or of the the implementation of the national policy the executive branch that assist agencies in private sector, that require attention at the described in paragraph (2)— such branch in— highest levels of the Federal Government. (A) Federal procurement policy should— (I) identifying problems and objectives (ii) OTHER FUNCTIONS.—The Chief Manufac- (i) prioritize and encourage domestic man- that could be addressed or enhanced by pub- turing Officer shall— ufacturing and robust domestic supply lic policy; (I) advise the President on manufacturing chains; (II) mobilizing industrial and innovative and industrial innovation considerations re- (ii) support means of expanding domestic manufacturing resources for national secu- lating to areas of national concern, includ- manufacturing job creation; rity and emergency response purposes; ing—

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2622 CONGRESSIONAL RECORD — SENATE May 18, 2021 (aa) the economy of the United States; skill availability, investment patterns, (iv) the Deputy Assistant Secretary of De- (bb) national security; emerging defense needs, and other key indi- fense for Manufacturing and Industrial Base (cc) public health; cators of manufacturing competitiveness Policy; (dd) the workforce of the United States; to— (v) the Assistant Secretary of Labor for (ee) education; (i) provide foresight for periodic updates to Employment and Training; (ff) foreign relations (including trade and the national strategic plan required under (vi) the Administrator of the Small Busi- supply chain issues); subsection (f); and ness Administration; and (gg) the environment; and (ii) guide investment decisions; (vii) the Assistant Secretary of Energy for (hh) technological innovation in the (B) convene interagency and public-private Energy Efficiency and Renewable Energy. United States; working groups to align Federal policies that (C) CHAIR.—The Chief Manufacturing Offi- (II) convene stakeholders, including key drive implementation of the national stra- cer, or the representative of the Chief Manu- industry stakeholders, academic stake- tegic plan required under subsection (f); facturing Officer, shall serve as Chair of the holders, defense stakeholders, governmental (C) initiate and support translation re- Panel. stakeholders, and stakeholders from non- search in engineering and manufacturing by (D) MEETINGS.—The Panel shall meet at profit organizations and labor organizations entering into contracts or making other ar- the call of the Chair. that primarily represent workers in manu- rangements (including grants, awards, coop- (E) COMPENSATION.— facturing, to develop the national strategic erative agreements, loans, and other forms (i) IN GENERAL.—Each member of the Panel plan required under subsection (f); of assistance) to study that research and to shall be entitled to receive compensation at (III) evaluate the scale, quality, and effec- assess the impact of that research on the a rate not to exceed the daily rate prescribed tiveness of the effort of the Federal Govern- economic well-being, climate and environ- for GS–15 of the General Schedule under sec- ment to support manufacturing and indus- mental impact, public health, and national tion 5332 of title 5, United States Code, for trial innovation by the Federal Government security of the United States; each day (including travel time) during or by the private sector, and advise on appro- (D) report to the President and the Direc- which the member is engaged in the perform- priate actions; tor of the National Economic Council on the ance of the duties of the Panel. (IV) to the extent consistent with law, re- extent to which the various programs, poli- (ii) TRAVEL EXPENSES.—Each member of port to the President, the Director of the Na- the Panel who is serving away from the tional Economic Council, the Director of the cies, and activities of the Federal Govern- ment are likely to affect the achievement of home or regular place of business of the Office of Management Budget, and such member in the performance of the duties of agencies within the Executive Office of the priority goals of the United States described in subsection (b)(1); the Panel shall be allowed travel expenses, President as may be appropriate, advise the including per diem in lieu of subsistence, in President on the budgets, regulations, and (E) annually survey the nature and needs of the policies relating to national manufac- the same manner as the expenses authorized regulatory reforms of agencies of the execu- by section 5703(b) of title 5, United States tive branch of the Federal Government with turing and industrial innovation and make recommendations to the President and the Code, for persons in government service em- respect to issues concerning manufacturing ployed intermittently. and industrial innovation; Director of the National Economic Council, (V) to the extent consistent with law, as- for review and submission to Congress, for (f) NATIONAL STRATEGIC PLAN FOR MANU- sist the President and the Director of the the timely and appropriate revision of the FACTURING AND INDUSTRIAL INNOVATION.— National Economic Council in providing gen- manufacturing and industrial innovation (1) STRATEGIC PLAN.— eral leadership and coordination of activities policies of the Federal Government, includ- (A) IN GENERAL.—Not later than 1 year and policies of the Federal Government re- ing the reform of policies, rules, and regula- after the date of enactment of this division, lating to and impacting manufacturing and tions that harm domestic manufacturing and the Chief Manufacturing Officer, in coordina- industrial innovation; and inhibit the ability for domestic manufac- tion with the Director of the National Eco- (VI) perform such other functions, duties, turing to compete with global competitors; nomic Council, shall, to the extent prac- and activities as the President and the Di- (F) perform such other duties and func- ticable, in accordance with subsection rector of the National Economic Council tions and make and furnish such studies and (d)(1)(A)(ii) and in consultation with other may assign. reports thereon, and recommendations with agencies and private individuals as the Chief (B) AUTHORITIES.—In carrying out the du- respect to matters of policy and legislation Manufacturing Officer determines necessary, ties and functions under this section, the as the President and the Director of the Na- establish a national strategic plan for manu- Chief Manufacturing Officer may— tional Economic Council may request; and facturing and industrial innovation that (i) appoint such officers and employees as (G) coordinate, as appropriate, Federal per- identifies— may be determined necessary to perform the mitting with respect to manufacturing and (i) short-term, medium-term, and long- functions vested in the position and to pre- industrial innovation. term needs critical to the economy, national scribe the duties of such officers and employ- (2) INTERGOVERNMENTAL MANUFACTURING security, public health, workforce readiness, ees; AND INDUSTRIAL INNOVATION PANEL.— environmental concerns, and priorities of the (ii) obtain services as authorized under sec- (A) ESTABLISHMENT.—The Chief Manufac- United States manufacturing sector, includ- tion 3109 of title 5, United States Code, at turing Officer shall establish an Intergovern- ing emergency readiness and resilience; and rates not to exceed the rate prescribed for mental Manufacturing and Industrial Inno- (ii) situations and conditions that warrant grade GS–15 of the General Schedule under vation Panel (referred to in this section as special attention by the Federal Government section 5332 of title 5, United States Code; the ‘‘Panel’’) within the Office, the purpose relating to— and of which shall be to— (I) any problems, constraints, or opportu- (iii) enter into contracts and other ar- (i) identify instances in which the policies nities of manufacturing and industrial inno- rangements for studies, analysis, and other of the Federal Government— vation that— services with public agencies and with pri- (I) with respect to manufacturing and in- (aa) are of national significance; vate persons, organizations, or institutions, dustrial innovation can help address prob- (bb) will occur or may emerge during the 4- and make such payments as determined nec- lems at the State and local levels; and year period beginning on the date on which essary to carry out the provisions of this sec- (II) unnecessarily impede manufacturing the national strategic plan is established; tion without legal consideration, without and industrial innovation; and performance bonds, and without regard to (ii) make recommendations for addressing (cc) are identified through basic research; section 6101 of title 41, United States Code. the problems described in clause (i); and (II) an evaluation of activities and accom- (2) ASSOCIATE DIRECTORS.— (iii) advise and assist the Chief Manufac- plishments of all agencies in the executive (A) IN GENERAL.—The Chief Manufacturing turing Officer in identifying and fostering branch of the Federal Government that are Officer may appoint not more than 5 Asso- policies to facilitate the application to and related to carrying out such plan; ciate Directors, to be known as Associate incorporation of federally funded research (III) opportunities for, and constraints on, Manufacturing Officers to carry out such and development into manufacturing and in- manufacturing and industrial innovation functions as may be prescribed by the Chief dustrial innovation in the United States, so that can make a significant contribution Manufacturing Officer. as to maximize the application of such re- to— (B) COMPENSATION.—Each Associate Manu- search. (aa) the resolution of problems identified facturing Officer shall be compensated at a (B) COMPOSITION.—The Panel shall be com- under this paragraph; or rate not to exceed that provided for level III posed of— (bb) the achievement of Federal program of the Executive Schedule under section 5314 (i) the Chief Manufacturing Officer, or a objectives or priority goals, including those title 5, United States Code. representative of the Chief Manufacturing described in subsection (b)(1); and (e) POLICY PLANNING, ANALYSIS, AND AD- Officer; (IV) recommendations for proposals to VICE.— (ii) not fewer than 10 members rep- carry out such plan. (1) IN GENERAL.—In carrying out the provi- resenting the interests of the States, ap- (B) REVISIONS.—Not later than 4 years sions of this section, the Chief Manufac- pointed by the Chief Manufacturing Officer after the date on which the national stra- turing Officer shall— after consultation with State officials; tegic plan is established under subparagraph (A) monitor the status of technological de- (iii) the Director of the National Institute (A), and every 4 years thereafter, the Chief velopments, critical production capacity, of Standards and Technology; Manufacturing Officer, in coordination with

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(A) identify and evaluate actions that (III) hold such hearings in various parts of (3) PREPARATION OF REPORT.—In preparing might be taken by the Federal Government, the United States as necessary to determine each report required under paragraph (1), the State, and local governments, or the private the views of the agencies, groups, and orga- Chief Manufacturing Officer shall make max- sector to deal with such problems, con- nizations described in subparagraph (B), and imum use of relevant data available from straints, or opportunities; and of the general public, concerning national agencies in the executive branch of the Fed- (B) ensure to the extent possible that ac- needs and trends in manufacturing and in- eral Government. tions identified under subparagraph (A) are dustrial innovation; and (4) PUBLIC AVAILABILITY OF REPORT.—The considered by each agency of the executive (IV) utilize, with the heads of public and Chief Manufacturing Officer shall ensure branch of the Federal Government in formu- private agencies and organizes, to the fullest that the report is made available to the pub- lating proposals of each such agency. extent possible the services, personnel, lic. (3) CONSULTATION WITH MANUFACTURING equipment, facilities, and information (in- (i) COMPTROLLER GENERAL REPORT.—Not STAKEHOLDERS.—The Chief Manufacturing cluding statistical information) of public and later than 3 years after the date of enact- Officer shall consult broadly with represent- private agencies and organizations, and indi- ment of this division, the Comptroller Gen- atives from stakeholder constituencies, in- viduals, in order to avoid the duplication of eral of the United States shall submit to the cluding from technology fields, engineering efforts and expenses; and Committee on Commerce, Science, and fields, manufacturing fields, academic fields, (ii) may transfer funds made available pur- Transportation of the Senate, the Com- worker training or credentialing programs, suant to this section to other agencies in the mittee on Appropriations of the Senate, the industrial sectors, business sectors, con- executive branch of the Federal Government Committee on Science, Space, and Tech- sumer sectors, defense sector, public interest as reimbursement for the utilization of such nology of the House of Representatives, the sectors, and labor organizations which pri- personnel, services, facilities, equipment, Committee on Energy and Commerce of the marily represent workers in manufacturing and information. House of Representatives, and the Com- to ensure information and perspectives from (B) FURNISHMENT OF INFORMATION.—Each such consultations are incorporated within department, agency, and instrumentality of mittee on Appropriations of the House of the problems, constraints, opportunities, and the executive branch of the Federal Govern- Representatives, and make available to the actions identified in the national strategic ment, including any independent agency, public, a report— plan under paragraph (1). shall furnish the Chief Manufacturing Officer (1) containing an assessment of the efforts of the Office to implement or advance the (4) CONSULTATION WITH OMB.—The Chief such information as necessary to carry out Manufacturing Officer shall consult as nec- this section. priority goals described in subsection (b)(1); essary with officials of the Office of Manage- (h) MANUFACTURING AND INDUSTRIAL INNO- and ment and Budget and other appropriate ele- VATION REPORT.— (2) providing recommendations on how to ments of the Executive Office of the Presi- (1) REPORT.—Not later than 3 years after improve the efforts described in paragraph dent to ensure that the problems, con- the date of enactment of this division, and (1). straints, opportunities, and actions identi- every 4 years thereafter, the Chief Manufac- (j) FEDERAL STRATEGY AND COORDINATING fied under paragraph (1) are fully considered turing Officer, in consultation with the Di- COUNCIL ON MANUFACTURING AND INDUSTRIAL in the development of legislative proposals rector of the National Economic Council, INNOVATION.—There is established in the ex- and the President’s budget. shall submit to Congress a Manufacturing ecutive branch of the Federal Government (g) ADDITIONAL FUNCTIONS OF THE CHIEF and Industrial Innovation Report (referred to the Federal Strategy and Coordinating Coun- MANUFACTURING OFFICER; ADMINISTRATIVE in this section as the ‘‘report’’) with appro- cil on Manufacturing and Industrial Innova- PROVISIONS.— priate assistance from agencies in the execution (referred to in this section as the (1) IN GENERAL.—The Chief Manufacturing tive branch of the Federal Government and ‘‘Council’’). Officer, in addition to the other duties and such consultants and contractors as the (1) MEMBERSHIP.— functions under this section, shall serve— Chief Manufacturing Officer determines nec- (A) IN GENERAL.—The Council shall be com- (A) on the Federal Strategy and Coordi- essary. posed of the following: nating Council on Manufacturing and Indus- (2) CONTENTS OF REPORT.—Each report re- (i) The President, who shall serve as Chair trial Innovation established under sub- quired under paragraph (1) shall draw upon of the Council. section (j); and the most recent national strategic plan es- (ii) The Vice President. (B) as a member of the Domestic Policy tablished under subsection (f) and shall in- (iii) The Secretary of Commerce. Council, the National Economic Council, and clude, to the extent practicable and within (iv) The Secretary of Defense. the Office of Science and Technology Policy the limitations of available knowledge and (v) The Secretary of Education. Council. resources— (vi) The Secretary of Energy. (2) ADVICE TO NATIONAL SECURITY COUN- (A) a review of developments of national (vii) The Secretary of Health and Human CIL.—For the purpose of ensuring the opti- significance in manufacturing and industrial Services. mal contribution of manufacturing and in- innovation; (viii) The Secretary of Housing and Urban dustrial innovation to the national security (B) the significant effects of trends at the Development. of the United States, the Chief Manufac- time of the submission of the report and pro- (ix) The Secretary of Labor. turing Officer, at the request of the Presi- jected trends in manufacturing and indus- (x) The Secretary of State. dent, shall advise the National Security trial innovation on the economy, workforce, (xi) The Secretary of Transportation. Council in such matters concerning manu- and environmental, health and national se- (xii) The Secretary of the Treasury. facturing and industrial innovation as may curity, and other requirements of the United (xiii) The Secretary of Veterans Affairs. be related to national security. States; (xiv) The Administrator of the Environ- (3) COORDINATION WITH OTHER ORGANIZA- (C) a review and appraisal of selected man- mental Protection Agency. TIONS.— ufacturing and industrial innovation related (xv) The Administrator of the National (A) IN GENERAL.—In exercising the func- programs, policies, and activities of the Fed- Aeronautics and Space Administration. tions under this section, the Chief Manufac- eral Government, including procurement; (xvi) The Administrator of the Small Busi- turing Officer— (D) an inventory and forecast of critical ness Administration. (i) shall— and emerging national problems, the resolu- (xvii) The Director of the National Science (I) work in close consultation and cooperation of which might be substantially assisted Foundation. tion with the Director of the Domestic Pol- by manufacturing and industrial innovation (xviii) The Director of the Office of Man- icy Council, the National Security Advisor, in the United States; agement and Budget. the Assistant to the President for Economic (E) the identification and assessment of (xix) The Assistant to the President for Policy and Director of the National Eco- manufacturing and industrial innovation Science and Technology. nomic Council, the Director of the Office of measures that can contribute to the resolu- (xx) The United States Trade Representa- Science and Technology Policy, the Director tion of the problems described in subpara- tive. of the Office of Management and Budget, and graph (D) in light of the related economic, (xxi) The National Security Advisor.

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(xxii) The Assistant to the President for (1) COORDINATION WITH NATIONAL SCIENCE retary of Commerce for Communications and Economic Policy. AND TECHNOLOGY COUNCIL.—In carrying out Information. (xxiii) The Director of the Domestic Policy the duties of the Council, the Council shall (2) COVERED GRANT.—The term ‘‘covered Council. consult with the National Science and Tech- grant’’ means a grant awarded under sub- (xxiv) The Chair of the Council of Eco- nology Council, as necessary. section (c). nomic Advisers. (2) AD COMMITTEES; TASKS FORCES, INTER- (3) ELIGIBLE ENTITY.—The term ‘‘eligible (xxv) The Chief Manufacturing Officer. AGENCY GROUPS.—The Council may function entity’’ means a historically Black college (B) ADDITIONAL PARTICIPANTS.—The Presi- through established or ad hoc committees, or university, Tribal College or University, dent may, from time to time and as nec- task forces, or interagency groups. or minority-serving institution, or a consor- essary, appoint officials in the executive (3) REQUIREMENT TO COOPERATE.—Each tium of such entities, that forms a partner- branch of the Federal Government to serve agency in the executive branch of the Fed- ship with 1 or more of the following entities as members of the Council. eral Government shall— to carry out a training program: (2) MEETINGS OF THE COUNCIL.— (A) cooperate with the Council; and (A) A member of the telecommunications (A) IN GENERAL.—The President or the (B) provide assistance, information, and industry, such as a company or industry as- Chief Manufacturing Officer may convene advice to the Council, as the Council may re- sociation. meetings of the Council. quest, to the extent permitted by law. (B) A labor or labor-management organiza- (B) PRESIDING OFFICER.— (4) ASSISTANCE TO COUNCIL.—For the pur- tion with experience working in the tele- (i) IN GENERAL.—Subject to clause (ii), the pose of carrying out the provisions of this communications industry or a similar indus- President shall preside over the meetings of section, the head of each agency that is a try. the Council. member of the Council shall furnish nec- (C) The Telecommunications Industry Reg- (ii) EXCEPTION.—If the President is not essary assistance and resources to the Coun- istered Apprenticeship Program. present at a meeting of the Council, the Vice cil, which may include— (D) A nonprofit organization dedicated to President (and if the Vice President is not (A) detailing employees of the agency to helping individuals gain employment in the present at a meeting of the Council, the the Council to perform such functions, con- telecommunications industry. Chief Manufacturing Officer) shall preside sistent with the purposes of this section, as (E) A community or technical college with and be considered the chair of the Council. the Chair of the Council may assign to those experience in providing workforce development for individuals seeking employment in (k) COUNCIL ON MANUFACTURING AND INDUS- detailees; the telecommunications industry or a simi- TRIAL INNOVATION FUNCTIONS.— (B) providing office support and printing, lar industry. (1) IN GENERAL.—The Council shall— as requested by the Chair of the Council; and (F) A Federal agency laboratory special- (A) consider problems and developments, (C) upon the request of the Chair of the izing in telecommunications technology. including concerns relating to the workforce Council, undertake special studies for the (4) FUND.—The term ‘‘Fund’’ means the of the United States, in manufacturing and Council that come within the functions of Telecommunications Workforce Training industrial innovation and related activities the Council described in subsection (k). Grant Program Fund established under sub- of more than 1 agency in the executive (n) NATIONAL MEDAL OF MANUFACTURING section (d)(1). branch of the Federal Government; AND INDUSTRIAL INNOVATION.— (5) GRANT PROGRAM.—The term ‘‘Grant (B) coordinate the manufacturing and in- (1) RECOMMENDATIONS.—The President Program’’ means the Telecommunications dustrial innovation policy-making process; shall from time to time award a medal, to be Workforce Training Grant Program estab- (C) harmonize the Federal permitting proc- known as the ‘‘National Medal of Manufac- lished under subsection (c). ess relating to manufacturing and industrial turing and Industrial Innovation’’, on the (6) HISTORICALLY BLACK COLLEGE OR UNI- innovation, as appropriate; basis of recommendations received from the VERSITY.—The term ‘‘historically Black col- (D) ensure manufacturing and industrial National Academies of Sciences, the Chief lege or university’’ has the meaning given innovation policy decisions and programs are Manufacturing Officer, or on the basis of the term ‘‘part B institution’’ in section 322 consistent with the priority goals described such other information and evidence as the of the Higher Education Act of 1965 (20 U.S.C. in subsection (b)(1); President determines appropriate, to individ- 1061). (E) help implement the priority goals de- uals who in the judgment of the President (7) INDUSTRY FIELD ACTIVITIES.—The term scribed in subsection (b)(1) across the Fed- are deserving of special recognition by rea- ‘‘industry field activities’’ means activities eral Government; son of outstanding contributions to knowl- at active telecommunications, cable, and (F) ensure manufacturing and industrial edge in manufacturing and industrial inno- broadband network worksites, such as tow- innovation are considered in the develop- vation. ers, construction sites, and network management and implementation of Federal policies (2) NUMBER.—Not more than 20 individuals ment hubs. and programs; may be awarded a medal under this section (8) INDUSTRY PARTNER.—The term ‘‘indus- (G) achieve more effective use of in any one calendar year. try partner’’ means an entity described in foundational aspects of manufacturing and (3) CITIZENSHIP.—An individual may not be subparagraphs (A) through (F) of paragraph industrial innovation, particularly sci- awarded a medal under this section unless at (3) with which an eligible entity forms a entific, engineering, and technological re- the time such award is made the individual— partnership to carry out a training program. sources and facilities of agencies in the exec- (A) is a citizen or other national of the (9) MINORITY-SERVING INSTITUTION.—The utive branch of the Federal Government, in- United States; or term ‘‘minority-serving institution’’ means cluding the elimination of efforts that have (B) is an individual lawfully admitted to an institution described in section 371(a) of been unwarrantedly duplicated; the United States for permanent residence the Higher Education Act of 1965 (20 U.S.C. (H) identify— who— 1067q(a)). (i) threats to, and vulnerabilities of, supply (i) has filed an application for petition for (10) TRAINING PROGRAM.—The term ‘‘train- chains; naturalization in the manner prescribed by ing program’’ means a credit or non-credit (ii) workforce skills; section 334(b) of the Immigration and Na- program developed by an eligible entity, in (iii) aspects of supply chains and workforce tionality Act (8 U.S.C. 1445(b)); and partnership with an industry partner, that— skills requiring additional emphasis; and (ii) is not permanently ineligible to be- (A) is designed to educate and train stu- (iv) for reform policies, rules, and regula- come a citizen of the United States. dents to participate in the telecommuni- tions that harm domestic manufacturing and (4) CEREMONIES.—The presentation of the cations workforce; and inhibit the ability for domestic manufac- award shall be made by the President with (B) includes a curriculum and apprentice- turing to compete with global competitors; such ceremonies as determined proper, in- ship or internship opportunities that can and cluding attendance by appropriate Members also be paired with— (I) further international cooperation on of Congress. (i) a degree program; or manufacturing and industrial innovation (o) AUTHORIZATION OF APPROPRIATIONS.— (ii) stacked credentialing toward a degree. policies that enhance the policies of the There are authorized to be appropriated for (11) TRIBAL COLLEGE OR UNIVERSITY.—The United States and internationally agreed each of fiscal years 2022 through 2026— term ‘‘Tribal College or University’’ has the upon policies. (1) $5,000,000, for the purpose of carrying meaning given the term in section 316(b)(3) (2) CHIEF MANUFACTURING OFFICER.—The out subsections (c) through (i); and of the Higher Education Act of 1965 (20 U.S.C. Chief Manufacturing Officer may take such (2) $5,000,000, for the purpose of carrying 1059c(b)(3)). actions as may be necessary or appropriate out subsections (j) through (m). (c) PROGRAM.—The Assistant Secretary, to implement the functions described in SEC. 2509. TELECOMMUNICATIONS WORKFORCE acting through the Office of Minority paragraph (1). TRAINING GRANT PROGRAM. Broadband Initiatives established under sec- (l) COORDINATION.—The head of each agen- (a) SHORT TITLE.—This section may be tion 902(b)(1) of division N of the Consoli- cy in the executive branch of the Federal cited as the ‘‘Improving Minority Participa- dated Appropriations Act, 2021 (Public Law Government, without regard to whether the tion And Careers in Telecommunications 116–260), shall establish a program, to be head of the agency is a member of the Coun- Act’’ or the ‘‘IMPACT Act’’. known as the ‘‘Telecommunications Work- cil, shall coordinate manufacturing and in- (b) DEFINITIONS.—In this section: force Training Grant Program’’, under which dustrial innovation policy with the Council. (1) ASSISTANT SECRETARY.—The term ‘‘As- the Assistant Secretary awards grants to eli- (m) ADMINISTRATION.— sistant Secretary’’ means the Assistant Sec- gible entities to develop training programs.

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(d) FUND.— (3) EVALUATION CRITERIA.—As part of the (4) includes the findings of any audits con- (1) ESTABLISHMENT.—There is established final rules issued under subsection (h), the ducted by the Inspector General of the De- in the Treasury of the United States a fund Assistant Secretary shall develop criteria for partment of Commerce under subsection to be known as the ‘‘Telecommunications evaluating applications for covered grants. (k)(1) that were not included in the previous Workforce Training Grant Program Fund’’. (4) COORDINATION.—The Assistant Sec- report submitted under this subsection. (2) AVAILABILITY.—Amounts in the Fund retary shall ensure that grant amounts (m) AUTHORIZATION OF APPROPRIATIONS.— shall be available to the Assistant Secretary awarded under paragraph (2) are coordinated (1) IN GENERAL.—There is authorized to be to carry out the Grant Program. with, and do not duplicate the specific use of, appropriated to the Fund a total of (e) APPLICATION.— grant amounts provided under section 902 of $100,000,000 for fiscal years 2022 through 2027, (1) IN GENERAL.—An eligible entity desiring division N of the Consolidated Appropria- to remain available until expended. a covered grant shall submit an application tions Act, 2021 (Public Law 116–260). (2) ADMINISTRATION.—The Assistant Sec- to the Assistant Secretary at such time, in (5) CONSTRUCTION.—In awarding grants retary may use not more than 2 percent of such manner, and containing such informa- under this section for training or education the amounts appropriated to the Fund for tion as the Assistant Secretary may require. relating to construction, the Assistant Sec- the administration of the Grant Program. (2) CONTENTS.—An eligible entity shall in- retary may prioritize applicants that partner SEC. 2510. COUNTRY OF ORIGIN LABELING ON- clude in an application under paragraph (1)— with apprenticeship programs, pre-appren- LINE ACT. (A) a commitment from the industry part- ticeship programs, or public two-year com- (a) MANDATORY ORIGIN AND LOCATION DIS- ner of the eligible entity to collaborate with munity or technical colleges that have a CLOSURE FOR PRODUCTS OFFERED FOR SALE ON the eligible entity to develop a training pro- written agreement with one or more appren- THE INTERNET.— gram, including curricula and internships or ticeship programs. (1) IN GENERAL.—It shall be unlawful for a apprenticeships; (h) RULES.—Not later than 180 days after product that is required to be marked under (B) a description of how the eligible entity the date of enactment of this division, after section 304 of the Tariff Act of 1930 (19 U.S.C. plans to use the covered grant, including the providing public notice and an opportunity 1304) or its implementing regulations to be type of training program the eligible entity to comment, the Assistant Secretary, in con- introduced, sold, advertised, or offered for plans to develop; sultation with the Secretary of Labor and sale in commerce on an internet website un- the Secretary of Education, shall issue final (C) a plan for recruitment of students and less the internet website description of the rules governing the Grant Program. potential students to participate in the product— (i) TERM.—The Assistant Secretary shall training program; (A)(i) indicates in a conspicuous place the (D) a plan to increase female student par- establish the term of a covered grant, which may not be less than 5 years. country of origin of the product, in a manner ticipation in the training program of the eli- (j) GRANTEE REPORTS.—During the term of consistent with the regulations prescribed gible entity; and a covered grant received by an eligible enti- under section 304 of the Tariff Act of 1930 (19 (E) a description of potential jobs to be se- ty, the eligible entity shall submit to the As- U.S.C. 1304) and the country of origin mark- cured through the training program, includ- sistant Secretary a semiannual report that, ing regulations administered by U.S. Cus- ing jobs in the communities surrounding the with respect to the preceding 6-month pe- toms and Border Protection; and eligible entity. riod— (ii) includes, in the case of— (f) USE OF FUNDS.—An eligible entity may (1) describes how the eligible entity used (I) a new passenger motor vehicle (as de- use a covered grant, with respect to the the covered grant amounts; fined in section 32304 of title 49, United training program of the eligible entity, to— (2) describes the progress the eligible enti- States Code), the disclosure required by such (1) hire faculty members to teach courses ty made in developing and executing the section; in the training program; training program of the eligible entity; (II) a textile fiber product (as defined in (2) train faculty members to prepare stu- (3) describes the number of faculty and stu- section 2 of the Textile Fiber Products Iden- dents for employment in jobs related to the dents participating in the training program tification Act (15 U.S.C. 70b)), the disclosure deployment of next-generation wired and of the eligible entity; required by such Act; wireless communications networks, includ- (4) describes the partnership with the in- (III) a wool product (as defined in section 2 ing 5G networks, hybrid fiber-coaxial net- dustry partner of the eligible entity, includ- of the Wool Products Labeling Act of 1939 (15 works, and fiber infrastructure, particularly ing— U.S.C. 68)), the disclosure required by such in— (A) the commitments and in-kind contribu- Act; (A) broadband and wireless network engi- tions made by the industry partner; and (IV) a fur product (as defined in section 2 of neering; (B) the role of the industry partner in cur- the Fur Products Labeling Act (15 U.S.C. (B) network deployment, operation, and riculum development, the degree program, 69)), the disclosure required by such Act; and maintenance; and internships and apprenticeships; and (V) a covered commodity (as defined in sec- (C) industry field activities; and (5) includes data on internship, apprentice- tion 281 of the Agricultural Marketing Act of (D) cloud networks, data centers, and cy- ship, and employment opportunities and 1946 (7 U.S.C. 1638)), the country of origin in- bersecurity; placements. formation required by section 282 of such Act (3) design and develop curricula and other (k) OVERSIGHT.— (7 U.S.C. 1638a); and components necessary for degrees, courses, (1) AUDITS.—The Inspector General of the (B) indicates in a conspicuous place the or programs of study, including certificate Department of Commerce shall audit the country in which the seller of the product is programs and credentialing programs, that Grant Program in order to— located (and, if applicable, the country in comprise the training program; (A) ensure that eligible entities use cov- which any parent corporation of such seller (4) pay for costs associated with instruc- ered grant amounts in accordance with— is located). tion under the training program, including (i) the requirements of this section; and (2) LIMITATION.—The disclosure of a prod- the costs of equipment, telecommunications (ii) the overall purpose of the Grant Pro- uct’s country of origin required pursuant to training towers, laboratory space, classroom gram, as described in subsection (c); and paragraph (1)(A) shall not be made in such a space, and instructional field activities; (B) prevent waste, fraud, and abuse in the manner as to represent to a consumer that (5) fund scholarships, student internships, operation of the Grant Program. the product is in whole, or part, of United apprenticeships, and pre-apprenticeship op- (2) REVOCATION OF FUNDS.—The Assistant States origin, unless such disclosure is con- portunities; Secretary shall revoke a grant awarded to an sistent with section 5 of the Federal Trade (6) recruit students for the training pro- eligible entity that is not in compliance with Commission Act (15 U.S.C. 45(a)), provided gram; and the requirements of this section or the over- that no other Federal statute applies. (7) support the enrollment in the training all purpose of the Grant Program, as de- (3) CERTAIN DRUG PRODUCTS.—It shall be program of individuals working in the tele- scribed in subsection (c). unlawful for a drug that is not subject to sec- communications industry in order to ad- (l) ANNUAL REPORT TO CONGRESS.—Each tion 503(b)(1) of the Federal Food, Drug, and vance professionally in the industry. year, until all covered grants have expired, Cosmetic Act (21 U.S.C. 353(b)(1)) and that is (g) GRANT AWARDS.— the Assistant Secretary shall submit to Con- required to be marked under section 304 of (1) DEADLINE.—Not later than 2 years after gress a report that— the Tariff Act of 1930 (19 U.S.C. 1304) to be of- the date on which amounts are appropriated (1) identifies each eligible entity that re- fered for sale in commerce to consumers on to the Fund pursuant to subsection (m), the ceived a covered grant and the amount of the an internet website unless the internet Assistant Secretary shall award all covered covered grant; website description of the drug indicates in a grants. (2) describes the progress each eligible en- conspicuous manner the name and place of (2) MINIMUM ALLOCATION TO CERTAIN ENTI- tity described in paragraph (1) has made to- business of the manufacturer, packer, or dis- TIES.—The Assistant Secretary shall award ward accomplishing the overall purpose of tributor that is required to appear on the not less than— the Grant Program, as described in sub- label of the drug in accordance with section (A) 30 percent of covered grant amounts to section (c); 502(b) of the Federal Food, Drug, and Cos- historically Black colleges or universities; (3) summarizes the job placement status or metic Act (21 U.S.C. 352(b)). and apprenticeship opportunities of students who (b) PROHIBITION ON FALSE AND MISLEADING (B) 30 percent of covered grant amounts to have participated in the training program of REPRESENTATION OF UNITED STATES ORIGIN Tribal Colleges or Universities. the eligible entity; and ON PRODUCTS.—

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(1) UNLAWFUL ACTIVITY.—Notwithstanding tistical Areas’’, published in the Federal (i) covered grants; and any other provision of law, it shall be unlaw- Register on June 28, 2010 (75 Fed. Reg. 37246), (ii) grants under subsection (c). ful to make any false or deceptive represen- or any successor to that Notice. (B) THIRD PARTY REVIEW.—To prevent fraud tation that a product or its parts or proc- (3) COVERED GRANT.—The term ‘‘covered in the covered grant program, the Assistant essing are of United States origin in any la- grant’’ means a grant awarded under sub- Secretary shall enter into a contract with an beling, advertising, or other promotional section (b)(1). independent third party under which the materials, or any other form of marketing, (4) INDIAN TRIBE.—The term ‘‘Indian third party reviews an application for a cov- including marketing through digital or elec- Tribe’’— ered grant not later than 60 days after the tronic means in the United States. (A) has the meaning given the term in sec- date on which the application is submitted (2) DECEPTIVE REPRESENTATION.—For pur- tion 4 of the Indian Self-Determination and to ensure that only an entity that is eligible poses of paragraph (1), a representation that Education Assistance Act (25 U.S.C. 5304); for a covered grant receives a covered grant. a product is in whole, or in part, of United and (6) RULE OF CONSTRUCTION.—Nothing in this States origin is deceptive if, at the time the (B) includes a Native Hawaiian organiza- subsection shall be construed to authorize representation is made, such claim is not tion, as that term is defined in section 6207 the Assistant Secretary to regulate, issue consistent with section 5 of the Federal of the Native Hawaiian Education Act (20 guidance for, or otherwise interfere with the Trade Commission Act (15 U.S.C. 45(a)), pro- U.S.C. 7517). activities at an internet exchange facility. vided that no other Federal statute applies. (5) INTERNET EXCHANGE FACILITY.—The (c) SUBMARINE CABLE LANDING STATION (c) ENFORCEMENT BY COMMISSION.— term ‘‘internet exchange facility’’ means GRANTS.—Not later than 1 year after the (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- physical infrastructure through which inter- date on which amounts are made available TICES.—A violation of subsection (a) or (b) net service providers and content delivery under subsection (e), and in accordance with shall be treated as a violation of a rule under networks exchange internet traffic between the rules and timelines established under section 18(a)(1)(B) of the Federal Trade Com- their networks. subsection (b)(5)(A), the Assistant Secretary mission Act (15 U.S.C. 57a(a)(1)(B)). (6) STATE.—The term ‘‘State’’ has the shall award grants to States and Indian (2) POWERS OF THE COMMISSION.— meaning given the term in section 3 of the Tribes to build infrastructure and acquire (A) IN GENERAL.—The Commission shall en- Communications Act of 1934 (47 U.S.C. 153). necessary equipment to establish or expand force this section in the same manner, by the (7) SUBMARINE CABLE LANDING STATION.— an open-access, carrier-neutral submarine same means, and with the same jurisdiction, The term ‘‘submarine cable landing station’’ cable landing station that serves a military powers, and duties as though all applicable means a cable landing station, as that term facility. terms and provisions of the Federal Trade is used in section 1.767(a)(5) of title 47, Code (d) REPORT.—Not later than 5 years after Commission Act (15 U.S.C. 41 et seq.) were of Federal Regulations (or any successor reg- the date of enactment of this division, and incorporated into and made a part of this ulation), that can be utilized to land a sub- annually thereafter for 5 years, the Assistant section. marine cable by an entity that has obtained Secretary shall submit a report on outcomes a license under the first section of the Act (B) PRIVILEGES AND IMMUNITIES.—Any per- of grants awarded under this section to— son that violates subsection (a) or (b) shall entitled ‘‘An Act relating to the landing and (1) the Committee on Commerce, Science, be subject to the penalties and entitled to operation of submarine cables in the United and Transportation of the Senate; and the privileges and immunities provided in States’’, approved May 27, 1921 (47 U.S.C. 34) (2) the Committee on Energy and Com- (commonly known as the ‘‘Cable Landing Li- the Federal Trade Commission Act (15 U.S.C. merce of the House of Representatives. censing Act’’). 41 et seq.) as though all applicable terms and (e) AUTHORIZATION OF APPROPRIATIONS.— (b) INTERNET EXCHANGE FACILITY provisions of that Act were incorporated and (1) IN GENERAL.—There is authorized to be GRANTS.— made part of this section. appropriated $35,000,000 to carry out sub- (1) GRANTS.—Not later than 1 year after sections (b) and (c). (C) AUTHORITY PRESERVED.—Nothing in the date on which amounts are made avail- (2) LIMITATION.—The Assistant Secretary this section may be construed to limit the able under subsection (e), the Assistant Sec- may not use more than 10 percent of the authority of the Commission under any retary shall award grants to entities to ac- amounts made available under paragraph (1) other provision of law. quire real property and necessary equipment to administer and report on the outcomes of (3) INTERAGENCY AGREEMENT.—Not later to— grants awarded under this section. than 6 months after the date of enactment of (A) establish a new internet exchange fa- (f) RETURN OF CERTAIN GRANT AMOUNTS.— this division, the Commission and U.S. Cus- cility in a core based statistical area in The Assistant Secretary may require a re- toms and Border Protection shall— which, at the time the grant is awarded, cipient of a grant awarded under subsection (A) enter into a Memorandum of Under- there are no existing internet exchange fa- (b) or (c) to return all or a portion of the standing or other appropriate agreement for cilities; or grant amount if there is evidence of waste, the purpose of providing consistent imple- (B) expand operations at an existing inter- fraud, or abuse of grant funds by the recipi- mentation of this section; and net exchange facility in a core based statis- ent. (B) publish such agreement to provide pub- tical area in which, at the time the grant is lic guidance. awarded, there is only 1 internet exchange SEC. 2513. STUDY OF SISTER CITY PARTNERSHIPS OPERATING WITHIN THE UNITED (4) DEFINITION OF COMMISSION.—In this sub- facility. section, the term ‘‘Commission’’ means the STATES INVOLVING FOREIGN COM- (2) ELIGIBILITY.—To be eligible to receive a MUNITIES IN COUNTRIES WITH SIG- Federal Trade Commission. covered grant, an entity shall— NIFICANT PUBLIC SECTOR CORRUP- (d) EFFECTIVE DATE.—This section shall (A) have sufficient interest from third TION. take effect 9 months after the date of enact- party entities that will use the internet ex- (a) SHORT TITLE.—This section may be ment of this division. change facility to be funded by the grant cited as the ‘‘Sister City Transparency Act’’. SEC. 2511. COUNTRY OF ORIGIN LABELING FOR once the facility is established or operations (b) DEFINITIONS.—In this section: KING CRAB AND TANNER CRAB. are expanded, as applicable; (1) APPROPRIATE CONGRESSIONAL COMMIT- Section 281(7)(B) of the Agricultural Mar- (B) have sovereign control over the land or TEES.—The term ‘‘appropriate congressional keting Act of 1946 (7 U.S.C. 1638(7)(B)) is building in which the internet exchange fa- committees’’ means— amended— cility is to be housed; (A) the Committee on Foreign Relations of (1) by striking ‘‘includes a fillet’’ and in- (C) provide evidence of direct conduit, the Senate; serting ‘‘includes— duct, and manhole access to public rights-of- (B) the Committee on Health, Education, ‘‘(i) a fillet’’; way; Labor, and Pensions of the Senate; (2) by striking the period at the end and in- (D) have a plan to establish security proto- (C) the Committee on Armed Services of serting ‘‘; and’’; and cols for the internet exchange facility to pre- the Senate; (3) by adding at the end the following: vent physical or electronic intrusion from (D) the Committee on Foreign Affairs of ‘‘(ii) whole cooked king crab and tanner unauthorized users; and the House of Representatives; crab and cooked king crab and tanner crab (E) provide other information required by (E) the Committee on Education and Labor sections.’’. the Assistant Secretary to protect against of the House of Representatives; and SEC. 2512. INTERNET EXCHANGES AND SUB- waste, fraud, or abuse. (F) the Committee on Armed Services of MARINE CABLES. (3) FEDERAL SHARE.—The Federal share of the House of Representatives. (a) DEFINITIONS.—In this section: the total cost of the establishment of, or ex- (2) FOREIGN COMMUNITY.—The term ‘‘for- (1) ASSISTANT SECRETARY.—The term ‘‘As- pansion of operations at, an internet ex- eign community’’ means any subnational sistant Secretary’’ means the Assistant Sec- change facility for which a covered grant is unit of government outside of the United retary of Commerce for Communications and awarded may not exceed 50 percent. States. Information. (4) GRANT AMOUNT.—The amount of a cov- (3) SISTER CITY PARTNERSHIP.—The term (2) CORE BASED STATISTICAL AREA.—The ered grant may not exceed $3,000,000. ‘‘sister city partnership’’ means a formal term ‘‘core based statistical area’’ has the (5) APPLICATIONS.— agreement between a United States commu- meaning given the term by the Office of (A) RULES AND TIMELINES.—Not later than 1 nity and a foreign community that— Management and Budget in the Notice of De- year after the date of enactment of this divi- (A) is recognized by Sister Cities Inter- cision entitled ‘‘2010 Standards for Delin- sion, the Assistant Secretary shall establish national; and eating Metropolitan and Micropolitan Sta- rules and timelines for applications for— (B) is operating within the United States.

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(4) UNITED STATES COMMUNITY.—The term sions, and recommendations (if any) of the United States Government and an entity de- ‘‘United States community’’ means a State, study. scribed in subparagraph (A) or (B) of sub- county, city, or other unit of local govern- (B) FORM.—The report required under subsection (a)(1); and ment in the United States. paragraph (A) may include a classified (C) all instances in which officials of the (c) STUDY OF SISTER CITY PARTNERSHIPS annex, if necessary. United States Government hosted officials OPERATING WITHIN THE UNITED STATES IN- SEC. 2514. PROHIBITION ON TRANSFER, ASSIGN- from, or significantly tied to, an entity de- VOLVING FOREIGN COMMUNITIES IN COUNTRIES MENT, OR DISPOSITION OF CON- scribed in subparagraph (A) or (B) of sub- WITH SIGNIFICANT PUBLIC SECTOR CORRUP- STRUCTION PERMITS AND STATION section (a)(1). TION.— LICENSES TO ENTITIES SUBJECT TO (3) DEADLINE AND REPORT.—Not later than 1 (1) IN GENERAL.—The Comptroller General UNDUE INFLUENCE BY THE CHI- year after the date on which the Secretary of the United States shall conduct a study of NESE COMMUNIST PARTY OR THE and the National Academy enter into an the activities of sister city partnerships in- GOVERNMENT OF THE PEOPLE’S RE- agreement described in paragraph (1), the PUBLIC OF CHINA. volving foreign communities in countries re- National Academy shall— The Federal Communications Commission ceiving a score of 45 or less on Transparency (A) complete the review and assessment de- shall, pursuant to section 310 of the Commu- International’s 2019 Corruption Perceptions scribed in paragraph (2); and nications Act of 1934 (47 U.S.C. 310), prohibit Index. (B) submit a report containing the results the transfer, assignment, or disposition of (2) ELEMENTS OF THE STUDY.—The study of the review and assessment, which shall be construction permits and station licenses to conducted under paragraph (1) shall— unclassified but, if necessary, may contain a an entity that is subject to undue influence (A) identify— classified annex, to— by the Chinese Communist Party or the Gov- (i) the criteria by which foreign commu- (i) the Secretary; and nities identify United States communities as ernment of the People’s Republic of China. (ii) the appropriate congressional commit- candidates for sister city partnerships, in- SEC. 2515. LIMITATION ON NUCLEAR COOPERA- tees. TION WITH THE PEOPLE’S REPUBLIC cluding themes with respect to the promi- (4) PUBLICATION.—Not later than 60 days OF CHINA. nent economic activities and demographics after the date on which the National Acad- of such United States communities; (a) IN GENERAL.—The President shall not— emy submits the report under paragraph (3), (ii) the activities conducted within sister (1) develop, design, plan, promulgate, im- the Secretary shall make the report pub- city partnerships; plement, or execute a bilateral policy, pro- lically available in an easily accessible elec- (iii) the economic and educational out- gram, order, or contract of any kind to par- tronic format, with appropriate redactions comes of such activities; ticipate in, collaborate on, or coordinate bi- for information that, in the determination of (iv) the types of information that sister laterally in any manner with respect to nu- the Secretary, would be damaging to the na- city partnerships make publicly available, clear cooperation activities, or otherwise en- tional security of the United States if dis- including information relating to contracts gage in nuclear cooperation, with— closed. and activities; (A) the Government of the People’s Repub- (c) WAIVERS.— (v) the means by which United States com- lic of China; or (1) WAIVER FOR COUNTERTERRORISM; NON- munities safeguard freedom of expression (B) any company— PROLIFERATION ACTIVITIES; AND THE NATIONAL within sister city partnerships; and (i) owned by the Government of the Peo- INTEREST.—The President may waive the (vi) the oversight practices that United ple’s Republic of China; or limitation under subsection (a)— States communities implement to mitigate (ii) incorporated under the laws of the Peo- (A) to continue ongoing activities with the the risks of foreign espionage and economic ple’s Republic of China; or People’s Republic of China relating to nu- coercion within sister city partnerships; (2) allow any agency of the United States clear and radiological counterterrorism, nu- (B) assess— Government to host official visitors at a fa- clear and radiological counterproliferation, (i) the extent to which United States com- cility belonging to the agency if those visi- and nuclear and radiological nonprolifera- munities ensure transparency regarding sis- tors are— tion; or ter city partnership contracts and activities; (A) officials, corporate officers, or prin- (B) if the President determines that such (ii) the extent to which sister city partner- cipal shareholders of any entity described in waiver is in the national interests of the ships involve economic arrangements that subparagraph (A) or (B) of paragraph (1); or United States, provided the Federal Bureau make United States communities vulnerable (B) individuals subject to undue influence of Investigation certifies prior to such waiv- to malign market practices; by the individuals described in subparagraph er that the persons covered under such waiv- (iii) the extent to which sister city part- (A). er— nerships involve educational arrangements (b) REVIEW OF PRIOR NUCLEAR COOPERATION (i) are not subject to undue influence by that diminish the freedom of expression; AND ASSOCIATED IMPACTS.— the Government of the People’s Republic of (iv) the extent to which sister city partner- (1) AGREEMENT.—Not later than 60 days China or the Chinese Communist Party, or ships allow foreign nationals to access local after the date of enactment of this division, by officials of the People’s Republic of China commercial, educational, and political insti- the Secretary of State shall seek to enter or the Chinese Communist Party; and tutions; into an agreement with the National Acad- (ii) are not engaged in human rights (v) the extent to which foreign commu- emy of Public Administration (referred to in abuses. nities could use sister city partnerships to this section as the ‘‘National Academy’’) to (2) WAIVER TO ADDRESS EMERGENCIES.—Sub- realize strategic objectives that do not con- carry out the review and assessment de- ject to receiving appropriate licenses and duce to the economic and national security scribed in paragraph (2) and submit the re- other authorizations, the President may interests of the United States; port described in paragraph (3). waive the limitation under subsection (a) to (vi) the extent to which sister city partner- (2) REVIEW AND ASSESSMENT.— allow transfers of technology and equipment ships could enable or otherwise contribute to (A) IN GENERAL.—Under the agreement de- to address a nuclear or radiological emer- foreign communities’ malign activities glob- scribed in paragraph (1), the National Acad- gency. ally, including activities relating to human emy shall— (3) NOTIFICATION REQUIREMENT.—The Presi- rights abuses and academic and industrial (i) conduct a review of nuclear cooperation dent shall notify Congress of any waiver espionage; and during the 25-year period ending on the date issued under paragraph (1) or (2). (vii) the extent to which United States of enactment of this division between the (d) DEFINITIONS.—In this section: communities seek to mitigate foreign na- United States Government and the People’s (1) NUCLEAR COOPERATION.—The term ‘‘nu- tionals’ potentially inappropriate use of visa Republic of China, including the role of the clear cooperation’’ means cooperation with programs to participate in activities relating Department of State in facilitating such co- respect to nuclear activities, including the to sister city partnerships; and operation; and development, use, or control of atomic en- (C) review— (ii) perform an assessment of the implica- ergy, including any activities involving the (i) the range of activities conducted within tions of the cooperation described in clause processing or utilization of source material, sister city partnerships, including activities (i) on the national security of the United byproduct material, or special nuclear mate- relating to cultural exchange and economic States. rial (as those terms are defined in section 11 development; (B) ELEMENTS.—In conducting the review of the Atomic Energy Act of 1954 (42 U.S.C. (ii) how such activities differ between sis- and assessment under subparagraph (A), the 2014)). ter city partnerships; and National Academy shall examine all cooper- (2) NUCLEAR COOPERATION ACTIVITIES.—The (iii) best practices to ensure transparency ative activities relating to nuclear coopera- term ‘‘nuclear cooperation activities’’ means regarding sister city partnerships’ agree- tion between the United States Government activities relating to nuclear cooperation. ments, activities, and employees. and the People’s Republic of China during (e) RULE OF CONSTRUCTION.— Nothing in (3) REPORT.— the 25-year period ending on the date of en- this division shall be construed to prohibit— (A) IN GENERAL.—Not later than 6 months actment of this division, including— (1) United States commercial activities, after initiating the study required under (i) all trips relating to nuclear cooperation provided such activities are consistent with paragraph (1), the Comptroller General shall taken by officials of the Department of State the laws and regulations of the United submit a report to the appropriate congres- to the People’s Republic of China; States; and sional committees that contains the results (ii) all exchanges of goods, services, data, (2) limited diplomatic engagement or dia- of such study, including the findings, conclu- or information between officials of the logue—

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CERTIFICATION. to, those activities; and tion, the term ‘‘shark fin’’ means— Section 1260I(a) of the National Defense (B) recommendations regarding how the (1) the raw or dried or otherwise processed Authorization Act for Fiscal Year 2020 (Pub- barriers to increased and effective participa- detached fin of a shark; or lic Law 116–92; 113 Stat. 1687) is amended— tion, as identified under subparagraph (A), (2) the raw or dried or otherwise processed (1) by inserting ‘‘and’’ at the end of para- could be addressed, which may include— detached tail of a shark. graph (2); and (i) strategies and tactics to ensure long- (f) STATE AUTHORITY.—Nothing in this sec- (2) by striking paragraphs (3) and (4) and term participation; tion may be construed to preclude, deny, or inserting the following: (ii) means for improved information shar- limit any right of a State or territory to ‘‘(3) Huawei does not pose an ongoing ing and coordination— adopt or enforce any regulation or standard threat to the critical infrastructure of the (I) among Federal Government partici- that is more stringent than a regulation or United States or its allies.’’. pants; standard in effect under this section. SEC. 2517. FAIRNESS AND DUE PROCESS IN (II) between the public and private sectors; (g) SEVERABILITY.—If any provision of this STANDARDS-SETTING BODIES. and section or its application to any person or (a) DEFINITIONS.—In this section: (III) between the Federal Government and circumstance is held invalid, the invalidity (1) APPROPRIATE COMMITTEES OF CON- like-minded foreign allies; does not affect other provisions or applica- GRESS.—The term ‘‘appropriate committees (iii) identification of suitable leadership tions of this section which can be given ef- of Congress’’ means— opportunities for Federal Government par- fect without the invalid provision or applica- (A) the Committee on Commerce, Science, ticipants; and tion, and to this end the provisions of this and Transportation of the Senate; (iv) any other recommendation that the section are severable. (B) the Committee on Armed Services of Assistant Secretary determines to be appro- SEC. 2519. SENSE OF CONGRESS ON FORCED the Senate; priate. LABOR. (C) the Select Committee on Intelligence SEC. 2518. SHARK FIN SALES ELIMINATION. It is the sense of Congress that the Federal of the Senate; Government shall not engage in research, (D) the Committee on Foreign Relations of (a) SHORT TITLE.—This section may be partnerships, contracts, or other agreements the Senate; cited as the ‘‘Shark Fin Sales Elimination with any entity (including any country or (E) the Committee on Science, Space, and Act of 2021’’. institution of higher education) that has any Technology of the House of Representatives; (b) PROHIBITION ON SALE OF SHARK FINS.— affiliation with a country that engages in (F) the Committee on Armed Services of (1) PROHIBITION.—Except as provided in forced labor. the House of Representatives; subsection (c), no person shall possess, trans- SEC. 2520. OPEN NETWORK ARCHITECTURE. (G) the Permanent Select Committee on port, offer for sale, sell, or purchase shark (a) OPEN NETWORK ARCHITECTURE Intelligence of the House of Representatives; fins or products containing shark fins. TESTBED.— and (2) PENALTY.—A violation of paragraph (1) (H) the Committee on Foreign Affairs of (1) DEFINITIONS.—In this subsection— shall be treated as an act prohibited by sec- (A) the term ‘‘Applied Research Open-RAN the House of Representatives. tion 307 of the Magnuson-Stevens Fishery (2) ASSISTANT SECRETARY.—The term ‘‘As- testbed’’ means the testbed established Conservation and Management Act (16 U.S.C. under paragraph (2); sistant Secretary’’ means the Assistant Sec- 1857) and shall be penalized pursuant to secretary of Commerce for Communications and (B) the term ‘‘Assistant Secretary’’ means tion 308(a) of that Act (16 U.S.C. 1858(a)), ex- the Assistant Secretary of Commerce for Information. cept that the maximum civil penalty for (b) STUDY.— Communications and Information; and each violation shall be $100,000, or the fair (1) IN GENERAL.—Not later than 270 days (C) the term ‘‘NTIA’’ means the National market value of the shark fins involved, after the date of enactment of this division, Telecommunications and Information Ad- whichever is greater. the Secretary of Commerce, acting through ministration. the Assistant Secretary, shall submit to the (c) EXCEPTIONS.—A person may possess a (2) ESTABLISHMENT.—The Assistant Sec- appropriate committees of Congress the re- shark fin that was taken lawfully under a retary shall establish an applied research sults of a study identifying opportunities for State, territorial, or Federal license or per- open network architecture testbed at the In- improved participation by United States mit to take or land sharks, if the shark fin stitute for Telecommunication Sciences of Government experts in the standardization is separated from the shark in a manner con- the NTIA to develop and demonstrate net- activities of the Telecommunication Stand- sistent with the license or permit and is— work architectures and applications, equip- ardization Sector of the International Tele- (1) destroyed or discarded upon separation; ment integration and interoperability at communication Union. (2) used for noncommercial subsistence scale, including— (2) CONSULTATIONS REQUIRED.—In con- purposes in accordance with State or terri- (A) Open Radio Access Network (commonly ducting the study required under paragraph torial law; known as ‘‘Open-RAN’’) technology; (1), the Assistant Secretary shall— (3) used solely for display or research pur- (B) Virtualized Radio Access Network (A) consult with— poses by a museum, college, or university, or (commonly known as ‘‘vRAN’’) technology; (i) the Under Secretary of State for Eco- other person under a State or Federal permit and nomic Growth, Energy, and the Environ- to conduct noncommercial scientific re- (C) cloud native technologies that rep- ment; and search; or licate telecommunications hardware as soft- (ii) the Chairman of the Federal Commu- (4) retained by the license or permit holder ware-based virtual network elements and nications Commission; for a noncommercial purpose. functions. (B) engage with the International Digital (d) DOGFISH.— (3) FOCUS; CONSIDERATIONS.—In estab- Economy and Telecommunication Advisory (1) IN GENERAL.—It shall not be a violation lishing the Applied Research Open-RAN Committee; and of subsection (b) for any person to possess, testbed pursuant to this section, the Assist- (C) provide opportunities for all relevant transport, offer for sale, sell, or purchase any ant Secretary shall ensure that such testbed stakeholders in the United States to provide fresh or frozen raw fin or tail from any stock evaluates issues related to deployment and meaningful input with respect to the con- of the species Mustelus canis (smooth operation of open network architectures in duct of the study. dogfish) or Squalus acanthias (spiny rural areas. (3) CONTENTS.—The study required under dogfish). (4) COOPERATIVE RESEARCH AND DEVELOP- paragraph (1) shall include— (2) REPORT.—By not later than January 1, MENT AGREEMENTS.—The Assistant Secretary (A) the identification and assessment of 2027, the Secretary of Commerce shall review shall enter into cooperative research and de- factors that serve as a barrier to the partici- the exemption contained in paragraph (1) velopment agreements as appropriate to ob- pation of United States Government experts and shall prepare and submit to Congress a tain equipment, devices, and expertise for in the standards development activities of report that includes a recommendation on the Applied Research Open-RAN testbed, in the Telecommunication Standardization whether the exemption contained in para- accordance with section 12 of the Stevenson- Sector of the International Telecommuni- graph (1) should continue or be terminated. Wydler Technology Innovation Act of 1980 (15 cation Union, including— In preparing such report and making such U.S.C. 3710a). (i) budgetary constraints; recommendation, the Secretary shall ana- (5) PRIVATE SECTOR CONTRIBUTIONS.—The (ii) lack of awareness regarding the stra- lyze factors including— Assistant Secretary may accept private con- tegic importance of, and support for, partici- (A) the economic viability of dogfish fish- tributions to the Applied Research Open- pation in those activities; eries with and without the continuation of RAN testbed in the form of network equip- (iii) limited knowledge about opportunities the exemption; ment or devices for testing purposes. for, and means of, participation with respect (B) the impact to ocean ecosystems of con- (6) PARTNERSHIP WITH GOVERNMENT ENTI- to those activities; tinuing or terminating the exemption; TIES.—

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(A) ESTABLISHMENT.—In establishing the (B) the term ‘‘eligible standards-setting agency with an annual extramural research Applied Research Open-RAN testbed, the As- body’’— expenditure of over $100,000,000. sistant Secretary shall— (i) means a standards-setting body, partici- (3) GRANT PERSONNEL.—The term ‘‘grant (i) consult with the Federal Communica- pation in which may be funded by a grant personnel’’ means principal investigators tions Commission, including with respect to awarded under paragraph (2), as determined and co-principal investigators supported by a ongoing work by the Commission to develop by the Assistant Secretary; and grant award under Federal law and their other testbeds, including private sector (ii) includes— trainees. testbeds, related to Open-RAN technologies; (I) the 3rd Generation Partnership Project (4) INSTITUTION OF HIGHER EDUCATION.—The and (commonly known as ‘‘3GPP’’); term ‘‘institution of higher education’’ has (ii) ensure that the work on the testbed is (II) the Alliance for Telecommunications the meaning given such term in section 101 coordinated with the responsibilities of the Industry Solutions (commonly known as of the Higher Education Act of 1965 (20 U.S.C. Assistant Secretary under any relevant ‘‘ATIS’’); 1001). memorandum of understanding with the Fed- (III) the International Telecommuni- (5) NATIONAL ACADEMIES.—The term ‘‘Na- eral Communications Commission and the cations Union (commonly known as ‘‘ITU’’); tional Academies’’ means the National Acad- National Science Foundation related to spec- (IV) the Institute for Electrical and Elec- emies of Sciences, Engineering, and Medi- trum. tronics Engineers (commonly known as cine. (B) OPERATIONS.—In operating the Applied ‘‘IEEE’’); (6) RECIPIENT.—The term ‘‘recipient’’ Research Open-RAN testbed, the Assistant (V) the World Radiocommunications Con- means an entity, usually a non-Federal enti- Secretary shall, in consultation with the ferences (commonly known as the ‘‘WRC’’) of ty, that receives a Federal award directly Federal Communications Commission, part- the ITU; from a Federal awarding agency. The term ner with— (VI) the Internet Engineering Task Force ‘‘recipient’’ does not include entities that re- (i) the First Responder Network Authority (commonly known as the ‘‘IETF’’); ceive subgrants or individuals that are the of the NTIA (also known as ‘‘FirstNet’’) and (VII) the International Organization for beneficiaries of the award. the Public Safety Communications Research Standardization (commonly known as the (7) SEXUAL HARASSMENT.—The term ‘‘sex- Division of the National Institute of Stand- ‘‘ISO’’) and the International Electro- ual harassment’’ has the meaning given such ards and Technology to examine use cases technical Commission (commonly known as term in section 1604.11 of title 29, Code of and applications for Open-RAN technologies the ‘‘IEC’’); Federal Regulations (or any successor regu- in a public safety network; (VIII) the O-RAN Alliance; lations). (ii) other Federal agencies, as appropriate (IX) the Telecommunications Industry As- (c) RESEARCH GRANTS.— to examine use cases and applications for sociation (commonly known as ‘‘TIA’’); and (1) IN GENERAL.—The Director shall award Open-RAN technologies in other areas of in- (X) any other standards-setting body iden- grants, on a competitive basis, to institu- terest to such agencies; and tified under paragraph (4); tions of higher education or nonprofit orga- (iii) international partners, as appropriate. (C) the term ‘‘Secretary’’ means the Sec- nizations (or consortia of such institutions (7) STAKEHOLDER INPUT.—The Assistant retary of Commerce; and or organizations)— Secretary shall seek input from stakeholders (D) the term ‘‘standards-setting body’’ (A) to expand research efforts to better un- regarding the establishment and operation of means an international body that develops derstand the factors contributing to, and the Applied Research Open-RAN testbed. the standards for open network architecture consequences of, sexual harassment affecting (8) IMPLEMENTATION DEADLINE.—Not later technologies. individuals in the scientific, technical, engi- than 180 days after the date of enactment of (2) GRANT PROGRAM.— neering, and mathematics workforce, includ- this division, the Assistant Secretary shall— (A) IN GENERAL.—The Secretary, in col- ing students and trainees; and (A) define metrics and parameters for the laboration with the Assistant Secretary, (B) to examine best practices to reduce the Applied Research Open-RAN testbed, includ- shall award grants to private sector entities incidence and negative consequences of such ing functionality, project configuration and based in the United States to participate in harassment. capacity, performance, security require- eligible standards-setting bodies. (2) USE OF FUNDS.—Activities funded by a ments, and quality assurance; (B) PRIORITIZATION.—The Secretary shall grant under this subsection may include— (B) adopt any rules as necessary, in con- prioritize grants awarded under this section (A) research on the sexual harassment ex- sultation with the Federal Communications to private sector entities that would not oth- periences of individuals in underrepresented Commission; and erwise be able to participate in eligible or vulnerable groups, including communities (C) begin the development of the Applied standards-setting bodies without the grant. of color, disabled individuals, foreign nation- Research Open-RAN testbed, including seek- (3) GRANT CRITERIA.—Not later than 180 als, sexual- and gender-minority individuals, ing stakeholder input as required by para- days after the date on which amounts are ap- and others; graph (7). propriated under paragraph (5), the Sec- (B) development and assessment of poli- (9) REPORT.—Not later than 1 year after retary, in collaboration with the Assistant cies, procedures, trainings, and interven- the date of enactment of this division, the Secretary, shall establish criteria for the tions, with respect to sexual harassment, Assistant Secretary shall submit to the grants awarded under paragraph (2). conflict management, and ways to foster re- Committee on Commerce, Science and (4) CONSULTATION WITH FEDERAL COMMU- spectful and inclusive climates; Transportation of the Senate and the Com- NICATIONS COMMISSION.—The Secretary shall (C) research on approaches for remediating mittee on Energy and Commerce of the consult with the Federal Communications the negative impacts and outcomes of such House of Representatives a report on the Commission in— harassment on individuals experiencing such findings of the testbed and any recommenda- (A) determining criteria for the grants harassment; tions for additional legislative or regulatory awarded under paragraph (2); and (D) support for institutions of higher edu- actions relating to the work of the testbed. (B) determining which standards-setting cation or nonprofit organizations to develop, (10) AUTHORIZATION OF APPROPRIATIONS.— bodies, if any, in addition to the standards- adapt, implement, and assess the impact of (A) IN GENERAL.—There are authorized to setting bodies listed in paragraph (1)(B)(ii) innovative, evidence-based strategies, poli- be appropriated for the administration of the are eligible standards-setting bodies. cies, and approaches to policy implementa- Applied Research Open-RAN testbed (5) AUTHORIZATION OF APPROPRIATIONS.— tion to prevent and address sexual harass- $20,000,000 for fiscal year 2022, to remain (A) IN GENERAL.—There are authorized to ment; available until expended. be appropriated for grants under paragraph (E) research on alternatives to the power (B) RULE OF CONSTRUCTION.—Nothing in (2) $30,000,000 in total for fiscal years 2022 dynamics and hierarchical and dependent re- paragraph (6) shall be construed to obligate through 2025, to remain available until ex- lationships in academia that have been FirstNet or any other Federal entity to pay pended. shown to create higher levels of risk for and for the cost of the Applied Research Open- (B) ADMINISTRATIVE COSTS.—The Secretary lower levels of reporting of sexual harass- RAN testbed created under this section in may use not more than 2 percent of any ment; and the absence of the appropriation of amounts funds appropriated under this paragraph for (F) research related to the ongoing com- under this paragraph. the administration of the grant program es- pilation, management, and analysis of orga- (C) AUTHORIZATION FOR VOLUNTARY SUP- tablished under this subsection. nizational climate survey data. PORT.—A Federal entity, including FirstNet, SEC. 2521. COMBATTING SEXUAL HARASSMENT IN (d) DATA COLLECTION.—Not later than 180 may voluntarily enter into an agreement SCIENCE. days after the date of enactment of this divi- with NTIA to provide monetary or nonmone- (a) DEFINITIONS.—This section may be cited sion, the Director, through the National Cen- tary support for the Applied Research Open- as the ‘‘Combating Sexual Harassment in ter for Science and Engineering Statistics RAN testbed. Science Act of 2021’’. and with guidance from the Office of Man- (b) PARTICIPATION IN STANDARDS-SETTING (b) DEFINITIONS.—In this section: agement and Budget given their oversight of BODIES.— (1) DIRECTOR.—The term ‘‘Director’’ means the Federal statistical agencies, shall con- (1) DEFINITIONS.—In this section— the Director of the National Science Founda- vene a working group composed of represent- (A) the term ‘‘Assistant Secretary’’ means tion. atives of Federal statistical agencies— the Assistant Secretary of Commerce for (2) FEDERAL SCIENCE AGENCY.—The term (1) to develop questions on sexual harass- Communications and Information; ‘‘Federal science agency’’ means any Federal ment in science, technology, engineering,

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2630 CONGRESSIONAL RECORD — SENATE May 18, 2021 and mathematics departments to gather na- (B) not later than 6 months after the date annual basis the number of determinations tional data on the prevalence, nature, and on which the inventory is submitted under of sexual harassment at that institution or implications of sexual harassment in institu- subparagraph (A)— organization; tions of higher education that builds on the (i) in consultation with outside stake- (D) recipients that receive funds from Fed- work conducted by the National Center for holders, develop a set of policy guidelines for eral science agencies to regularly assess and Science and Engineering Statistics in re- Federal science agencies; and improve policies, procedures, and interven- sponse to recommendations from the Na- (ii) submit a report to the committees re- tions to reduce the prevalence of and im- tional Academies to develop questions on ferred to in subparagraph (A) containing prove the reporting of sexual harassment; harassment; and such guidelines; (E) each entity applying for Federal assist- (2) to include such questions as appro- (C) encourage Federal science agencies to ance awards from a Federal science agency priate, with sufficient protections of the pri- develop or maintain and implement policies to have a code of conduct for maintaining a vacy of respondents, in relevant surveys con- based on the guidelines developed under sub- healthy and welcoming workplace for grant ducted by the National Center for Science paragraph (B); personnel posted on their public website; and Engineering Statistics and other rel- (D) not later than 1 year after the date on (F) each recipient that receives funds from evant entities. which the inventory under subparagraph (A) Federal science agencies to have in place is submitted, and every 5 years thereafter, mechanisms for the re-integration of individ- (e) RESPONSIBLE CONDUCT GUIDE.— the Director of the Office of Science and uals who have experienced sexual harass- (1) IN GENERAL.—Not later than 180 days Technology Policy shall report to Congress ment; and after the date of enactment of this division, on the implementation by Federal science (G) recipients that receive funds from Fed- the Director shall enter into an agreement agencies of the policy guidelines developed eral science agencies to work to create a cli- with the National Academies to update the under subparagraph (B); and mate intolerant of sexual harassment and report entitled ‘‘On Being a Scientist: A (E) update such policy guidelines as need- that values and promotes diversity and in- Guide to Responsible Conduct in Research’’ ed. clusion. issued by the National Academies. The re- (2) REQUIREMENTS.— (4) FEDERAL SCIENCE AGENCY IMPLEMENTA- port, as so updated, shall include— (A) IN GENERAL.—In developing policy TION.—Each Federal science agency shall— (A) updated professional standards of con- guidelines under paragraph (1)(B), the Direc- (A) develop or maintain and implement duct in research; tor of the Office of Science and Technology policies with respect to sexual harassment (B) standards of treatment individuals can Policy shall consider guidelines that require, that are consistent with policy guidelines expect to receive under such updated stand- to the extent practicable— under paragraph (1)(B) and that protect the ards of conduct; (i) recipients to submit to the Federal privacy of all parties involved in any report (C) evidence-based practices for fostering a science agency or agencies from which the and investigation of sexual harassment; and climate intolerant of sexual harassment; recipients receive funding reports relating (B) broadly disseminate such policies to (D) methods, including bystander interven- to— current and potential recipients of research tion, for identifying and addressing incidents (I) any decision made to launch a formal grants awarded by such agency. of sexual harassment; investigation of sexual harassment by, or of, (g) NATIONAL ACADEMIES ASSESSMENT.—Not (E) professional standards for mentorship grant personnel; and later than 3 years after the date of enact- and teaching with an emphasis on power dif- (II) findings or determinations of sexual ment of this division, the Director shall fusion mechanisms and preventing sexual harassment by, or of, grant personnel, in- enter into an agreement with the National harassment; cluding the final disposition of a matter in- Academies to undertake a study and issue a (F) recommended vetting and hiring prac- volving a violation of organizational policies report on the influence of sexual harassment tices scientific research entities are urged to and processes, to include the exhaustion of in institutions of higher education on the ca- implement to eliminate serial harassers; and permissible appeals, or a conviction of a sex- reer advancement of individuals in the sci- (G) other topics as the National Academies ual offense in a criminal court of law; entific, engineering, technical, and mathe- determines appropriate. (ii) the updating and sharing of reports of matics workforce. The study shall assess— sexual harassment submitted under clause (i) (2) RECOMMENDATIONS.—In updating the re- (1) the state of research on sexual harass- port under paragraph (1), the National Acad- with relevant Federal science agencies by ment in such workforce; emies shall take into account recommenda- agency request; and (2) whether research demonstrates a de- tions made in the report issued by the Na- (iii) consistency among relevant Federal crease in the prevalence of sexual harass- agencies with regards to the policies and pro- tional Academies in 2018 entitled ‘‘Sexual ment in such workforce; cedures for receiving reports submitted pur- Harassment of Women: Climate, Culture, and (3) the progress made with respect to im- suant to clause (i). Consequences in Academic Sciences, Engi- plementing recommendations promulgated (B) FERPA.—The Director of the Office of neering, and Medicine’’ and other relevant in the National Academies consensus study Science and Technology Policy shall ensure studies and evidence. report entitled ‘‘Sexual Harassment of that such guidelines and requirements are (3) REPORT.—Not later than 18 months Women: Climate, Culture, and Consequences consistent with the requirements of section after the effective date of the agreement in Academic Sciences, Engineering, and Med- 444 of the General Education Provisions Act under paragraph (1), the National Academies, icine’’; (20 U.S.C. 1232g) (commonly referred to as as part of such agreement, shall submit to (4) where to focus future efforts with re- the ‘‘Family Educational Rights and Privacy spect to decreasing sexual harassment in the Director and the Committee on Science, Act of 1974’’). Space, and Technology of the House of Rep- such institutions, including specific rec- (C) PRIVACY PROTECTIONS.—The Director of resentatives and the Committee on Com- ommendations; and the Office of Science and Technology Policy (5) other recommendations and issues, as merce, Science, and Transportation of the shall ensure that such guidelines and re- Senate the report referred to in such sub- the National Academies determines appro- quirements— priate. section, as updated pursuant to such sub- (i) do not infringe upon the privacy rights section. (h) GOVERNMENT ACCOUNTABILITY OFFICE of individuals associated with reports sub- STUDY.—Not later than 3 years after the date (f) POLICY GUIDELINES.— mitted to Federal science agencies; and of enactment of this division, the Comp- (1) RESPONSIBILITIES OF OSTP.—The Direc- (ii) do not require recipients to provide in- troller General of the United States shall— tor of the Office of Science and Technology terim reports to Federal science agencies. (1) complete a study that assesses the de- Policy, in coordination with the working (3) CONSIDERATIONS.—In developing policy gree to which Federal science agencies have group on inclusion in STEM fields estab- guidelines under paragraph (1)(B), the Direc- implemented the policy guidelines developed lished under section 308 of the American In- tor of the Office of Science and Technology under subsection (f)(1)(B) and the effective- novation and Competitiveness Act (42 U.S.C. Policy shall consider protocols that require ness of that implementation; and 6626) and the Safe Inclusive Research Envi- or incent— (2) submit a report to the Committee on ronments Subcommittee of the National (A) recipients that receive funds from Fed- Science, Space, and Technology of the House Science and Technology Council, and in con- eral science agencies to periodically assess of Representatives and the Committee on sultation with representatives from each their organizational climate, which may in- Commerce, Science, and Transportation of Federal science agency, the Department of clude the use of climate surveys, focus the Senate on the results of such study, in- Education, and the Equal Employment Op- groups, or exit interviews; cluding recommendations on potential portunity Commission, shall— (B) recipients that receive funds from Fed- changes to practices and policies to improve (A) not later than 90 days after the date of eral science agencies to publish on a publicly those guidelines and that implementation. the enactment of this division, submit to the available internet website the results of as- (i) HARASSMENT ON THE BASIS OF PREG- Committee on Science, Space, and Tech- sessments conducted pursuant to paragraph NANCY STATUS.—The Director of the Office of nology of the House of Representatives and (1), disaggregated by gender and, if possible, Science and Technology Policy, in consulta- the Committee on Commerce, Science, and race, ethnicity, disability status, and sexual tion with the Equal Employment Oppor- Transportation of the Senate an inventory of orientation, and in a manner that does not tunity Commission, shall develop a defini- Federal science agency policies, procedures, include personally identifiable information; tion of ‘‘harassment on the basis of preg- and resources dedicated to preventing and (C) recipients that receive funds from Fed- nancy status’’ for the purposes of carrying responding to reports of sexual harassment; eral science agencies to make public on an out this section.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2631 SEC. 2522. NATIONAL SCIENCE CORPS. bers of the National Science Corps, includ- (A) develop and serve the community of (a) PURPOSE.—It is the purpose of this sec- ing— National Science Corps members within the tion to elevate the profession of STEM (A) uniform selection criteria that in- region, in coordination local partners to teaching by establishing a National Science cludes— carry out day-to-day activities; Corps that identifies outstanding STEM (i) deep knowledge of STEM content and (B) coordinate professional development teachers in our Nation’s classrooms, rewards pedagogy; activities, including activities led by Na- them for their accomplishments, elevates (ii) a passion for STEM subjects and dedi- tional Science Corps members; their public profile, and creates rewarding cation to teaching, evidence of leadership (C) connect National Science Corps mem- career paths to which all STEM teachers can skills, and potential for continued career bers with existing educator professional de- aspire, both to prepare future STEM re- growth as an educator; and velopment programs and coordinate mem- searchers and to create a scientifically lit- (iii) demonstrated experience increasing bers’ involvement as cooperating teachers or erate public. STEM student achievement and STEM par- mentors; (b) DEFINITIONS.—In this section: ticipation rates for all students, particularly (D) seek opportunities to involve teachers (1) ADMINISTRATOR.—The term ‘‘Adminis- those from rural and high-need schools; and who are not members of the National trator’’ means the Administrator of the Na- (B) a uniform selection process, including a Science Corps to participate in National tional Science Corps. comprehensive application that includes rec- Science Corps activities; and (2) ELIGIBLE APPLICANT.—The term ‘‘eligi- ommendations and other relevant profes- (E) build partnerships with existing edu- ble applicant’’ means a STEM teacher who sional information; cation organizations and other efforts by has not less than 2 years of STEM teaching (2) build an infrastructure to support the State educational agencies and local edu- experience and is employed as a public functions and operations of the National cational agencies that operate programs rel- school classroom instructor on the date of Science Corps; evant to the National Science Corps and its selection. (3) promote the National Science Corps and activities; (3) ELIGIBLE ENTITY.—The term ‘‘eligible elevate best practices that emerge from the (2) recruit eligible applicants, with a focus entity’’ means— National Science Corps to a national audi- on recruiting diverse STEM educators based (A) an institution of higher education (as ence; on race, ethnicity, sex, socioeconomic sta- defined in section 101(a) of the Higher Edu- (4) evaluate the operation and effectiveness tus, age, disability status, and language abil- cation Act of 1965 (20 U.S.C. 1001(a)); of the regional centers; and ity; (B) a State educational agency (as defined (5) evaluate the overall and long-term im- (3) screen, interview, and select members in section 8101 of the Elementary and Sec- pact of the National Science Corps by— of the National Science Corps using proce- ondary Education Act of 1965 (20 U.S.C. (A) documenting, monitoring, and assess- dures and standards provided by the Admin- 7801)); ing the program outcomes or impact on the istrator; (C) a local educational agency (as defined STEM careers of participants; and (4) coordinate the online network that sup- in section 8101 of the Elementary and Sec- (B) documenting, monitoring, and assess- ports all National Science Corps members in ondary Education Act of 1965 (20 U.S.C. ing the program outcomes for the STEM edu- the region; 7801)); and cation profession nationwide, particularly (5) convene occasional meetings of Na- (D) a consortium composed of 1 or more of for rural and high-need schools. tional Science Corps members in a region; the entities described in subparagraph (A), (e) STEM EDUCATION ADVISORY BOARD.— (6) create opportunities for the professional (B), or (C), or all 3, and 1 of the following en- (1) ESTABLISHMENT.—There is established a growth of National Service Corps members, tities: STEM Education Advisory Board to oversee with a focus on increasing STEM student (i) An education nonprofit association. the operations of the National Science Corps achievement and STEM participation rates (ii) A cross sector STEM organization. for the length of the pilot program. for all students, particularly those from (iii) A private entity, including a STEM-re- (2) COMPOSITION.— rural and high-need schools; and lated business. (A) IN GENERAL.—The members of the (7) support the retention and success of Na- (4) HIGH-NEED SCHOOL.—The term ‘‘high- STEM Education Advisory Board shall com- tional Science Corps members in the region. ply with the following: need school’’ has the meaning given the term (g) DUTIES OF MEMBERS OF THE NATIONAL (i) Be appointed by the Director. in section 2211(b) of the Elementary and Sec- SCIENCE CORPS.—An eligible applicant that is ondary Education Act of 1965 (20 U.S.C. (ii) Include a representative from each of selected by a regional center to be a member 6631(b)). the following: of the National Science Corps shall— (5) NATIONAL SCIENCE CORPS CENTRAL ENTI- (I) School leaders. (1) serve a 4-year term with a possibility of TY.—The term ‘‘National Science Corps cen- (II) STEM researchers. reappointment; tral entity’’ means an office of the Founda- (III) STEM education researchers. (2) receive an annual stipend in an amount tion that— (IV) Business leaders. of up to $15,000; and (A) operates the National Science Corps in (V) Kindergarten through grade 12 STEM (3) have substantial responsibilities, in- accordance with the purposes of this section; educators. cluding— (B) serves as a national convener to im- (VI) Students pursuing a postsecondary (A) working with other members of the Na- prove STEM instruction, including improv- STEM degree. tional Science Corps to develop and improve ing the diversity of students participating in (B) STEM EDUCATION ADVISORY COMMITTEE innovative teaching practices, including STEM education and STEM teachers; IN EXISTENCE.—The Director may assign the practices such as inquiry-based learning; (C) serves as standard-bearer and evaluator duties of the STEM Education Advisory (B) participating in professional develop- of regional centers; and Board, described in paragraph (3), to an advi- ment on innovative teaching methodology (D) is headed by the Administrator, who sory committee of the Foundation in exist- and mentorship; and reports to the Director. ence on the date of enactment of this divi- (C) continuing to excel in teaching the (6) PROFESSIONAL DEVELOPMENT.—The term sion. member’s own students, with a focus on ad- ‘‘professional development’’ has the meaning (3) DUTIES OF THE STEM EDUCATION ADVI- vancing equity by spending additional time given the term in section 8101 of the Elemen- SORY BOARD.—In overseeing the operations of teaching and coaching underserved students tary and Secondary Education Act of 1965 (20 the National Science Corps, the STEM Edu- to increase STEM student achievement and U.S.C. 7801). cation Advisory Board shall— STEM participation rates for students from (7) REGIONAL CENTER.—The term ‘‘regional (A) create a steering committee that is rural and high-need schools. center’’ means a regional center of the Na- comprised of STEM educators and research- (h) EVALUATIONS.—The Administrator shall tional Science Corps. ers representing a variety of STEM fields evaluate the activities of the regional cen- (8) STEM.—The term ‘‘STEM’’ means and representing geographic diversity, to ters every 2 years. science, technology, engineering, and mathe- help establish the National Science Corps in (i) AUTHORIZATION OF APPROPRIATIONS.— matics, including computer science. its initial phases; and Out of funds authorized under section 2106, (9) STEM EDUCATION ADVISORY BOARD.—The (B) provide a direct connection of the Na- there are authorized to be appropriated term ‘‘STEM Education Advisory Board’’ tional Science Corps to the existing research $100,000,000 in fiscal years 2022 through 2026 means the Advisory Board for the National and education communities, ensuring that to carry out this section. Science Corps established under subsection the National Science Corps program is con- SEC. 2523. ANNUAL REPORT ON FOREIGN RE- (e). sistent with the aspirations of both. SEARCH. (c) ESTABLISHMENT OF NATIONAL SCIENCE (f) DUTIES OF THE REGIONAL CENTERS.—The (a) IN GENERAL.—Not later than 180 days CORPS.—There is established a National Administrator shall award not less than 10 after the date of enactment of this division, Science Corps 5-year pilot program to be ad- and not more than 20 grants, on a competi- and not less frequently than every 2 years ministered by the Administrator, who shall tive basis, to establish regional centers at el- thereafter, the Director shall prepare and be appointed by the Director, and overseen igible entities. Each regional center shall— submit a report to the relevant congres- by the STEM Education Advisory Board. (1) engage local partners, which may in- sional committees regarding the research (d) DUTIES OF THE ADMINISTRATOR.—The clude local educational agencies, institu- funding from the National Science Founda- Administrator shall— tions of higher education, STEM organization provided to foreign entities. (1) create a process and standards for selec- tions, or education nonprofit organizations, (b) CONTENTS.—The report submitted under tion of eligible applicants to become mem- to— subsection (a) shall include the following:

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2632 CONGRESSIONAL RECORD — SENATE May 18, 2021 (1) The total amount of National Science (4) prohibit co-location with the institu- search expenditures of over $100,000,000 shall Foundation funds provided to research insti- tion’s Chinese language, history, and cul- develop an agency research public access pol- tutions in foreign countries. tural programs and require separate pro- icy that is consistent with and advances the (2) A complete list of projects funded by motional materials. purposes of the Federal agency. the National Science Foundation provided to (d) SPECIAL RULE.— (ii) COMMON PROCEDURES.—To the extent foreign entities, including for each project— (1) IN GENERAL.—Notwithstanding any practicable, Federal agencies required to de- (A) a complete abstract; other provision of this section, this section velop a policy under clause (i) shall follow (B) the previous fiscal year’s funding shall not apply to an institution of higher common procedures for the collection and amount; education if that institution has fulfilled the depositing of research papers. (C) whether they have a connection to a requirements— (B) CONTENT.—Each Federal research pub- foreign government and to what extent the (A) for a waiver from the Department of lic access policy shall provide for— connection exists; Defense as described under section 1062 of the (i) submission to a digital repository des- (D) the names of principal investigators; National Defense Authorization Act for Fis- ignated or maintained by the Federal agency and cal Year 2021 (Public Law 116-283); or of an electronic version of the author’s final (E) a specific justification for funding the (B) under section 6122 with respect to fund- manuscript of original research papers that research abroad instead of in the United ing the provided under the Higher Education have been accepted for publication in peer- States. Act of 1965 (20 U.S.C. 1001 et seq.), except reviewed journals and that result from re- SEC. 2524. ACCELERATING UNMANNED MARITIME funds provided under title IV of such Act. search supported, in whole or in part, from SYSTEMS RESEARCH. (2) EXCEPTION.—Notwithstanding any other funding by the Federal Government; (a) IN GENERAL.—In order to support ad- provision of this section, the prohibition (ii) the incorporation of any changes re- vances in marine science and security at sea, under subsection (b) shall not apply to sulting from the peer review publication the Director shall issue awards, on a com- amounts provided to students as educational process in the manuscript described under petitive basis, to institutions of higher edu- assistance. clause (i); cation or nonprofit organizations (or con- (e) EFFECTIVE DATE.—The limitation under (iii) the replacement of the final manu- sortia of such institutions or organizations) subsection (b) shall apply with respect to the script with the final published version if— to support basic and applied research that first fiscal year that begins after the date (I) the publisher consents to the replace- will accelerate innovation to advance un- that is 2 years after the date of enactment of ment; and manned maritime systems for the purpose of this Act and to any subsequent fiscal year (II) the goals of the Federal agency for providing greater maritime domain aware- subject to subsection (f). functionality and interoperability are re- ness to the Nation. (f) SUNSET.—This section shall cease to be tained; (b) PARTNERSHIPS.—In implementing this effective on the date that is 5 years after the (iv) free online public access to such final section, the Director shall establish partner- date of enactment of this Act. peer-reviewed manuscripts or published ships with other Federal agencies, including versions within a time period that is appro- SEC. 2526. SUPPORTING DOCUMENTS. those established under the Commercial En- priate for each type of research conducted or (a) IN GENERAL.— To ensure the security of gagement Through Ocean Technology Act of sponsored by the Federal agency, not later research products developed under this divi- 2018 (Public Law 115–394). than 12 months after publication in peer-re- sion, the Director shall, on an annual basis, (c) USE OF NSF OCEANOGRAPHIC RESEARCH viewed journals, preferably sooner, or as ad- request from an institution of higher edu- VESSELS.—The Director may leverage the re- justed under established mechanisms; sources and capabilities of the consortium cation receiving an award made available by (v) providing research papers as described operating the Directorate’s regional class re- the National Science Foundation Tech- in clause (iv) in formats and under terms search vessels to complement the research in nology and Innovation Directorate under that enable productive reuse of the research unmanned maritime systems. this division— and computational analysis by state-of-the- SEC. 2525. FOUNDATION FUNDING TO INSTITU- (1) final copies of any contracts, agree- art technologies; TIONS HOSTING OR SUPPORTING ments, or documentation of financial trans- (vi) improving the ability of the public to CONFUCIUS INSTITUTES. actions between the institution, a founda- locate and access research papers made ac- (a) DEFINITIONS.—In this section— tion of the institution, or related entities, cessible under the Federal research public (1) the term ‘‘Confucius Institute’’ means a and any educational, cultural, or language access policy; and cultural institute established as a partner- entity that is directly or indirectly funded (vii) long-term preservation of, and free ship between a United States institution of by the Government of the People’s Republic public access to, published research find- higher education and a Chinese institution of of China; and ings— higher education to promote and teach Chi- (2) a detailed description of any financial (I) in a stable digital repository main- nese language and culture that is funded, di- contributions from the Government of the tained by the Federal agency; or rectly or indirectly, by the Government of People’s Republic of China or its affiliates to (II) if consistent with the purposes of the the People’s Republic of China; and the institution, a foundation of the institu- Federal agency, in any repository meeting (2) the term ‘‘institution of higher edu- tion, or related entities. conditions determined favorable by the Fed- cation’’ has the meaning given the term in (b) OFFICE OF THE INSPECTOR GENERAL.— eral agency, including free public access, section 102 of the Higher Education Act of The Director may request an investigation interoperability, and long-term preservation. 1965 (20 U.S.C. 1002). by the Office of the Inspector General into (C) APPLICATION OF POLICY.—Each Federal (b) RESTRICTIONS OF CONFUCIUS INSTI- the research security practices of an institu- research public access policy shall— TUTES.—Except as provided in subsection (d), tion of higher education and, as appropriate, (i) apply to— none of the funds made available to the recommend revocation of funding for rel- (I) researchers employed by the Federal Foundation under this Act, or an amend- evant grants, in the case that— agency whose works remain in the public do- ment made by this Act, may be obligated or (1) an institution of higher education fails main; and expended to an institution of higher edu- to provide information requested under sub- cation that maintains a contract or agree- (II) researchers funded by the Federal section (a); or agency; ment between the institution and a Confu- (2) a review of the information under sub- cius Institute, unless the Director, after con- (ii) provide that works described under section (a) by the Chief of Research Security sultation with the National Academies of clause (i)(I) shall be— indicates threats to research security. Science, Engineering, and Medicine, deter- (I) marked as being public domain material mines such a waiver is appropriate in accord- SEC. 2527. BASIC RESEARCH. when published; and ance with subsection (c). (a) NONDISCLOSURE OF MEMBERS OF GRANT (II) made available at the same time such (c) WAIVER.—The Director, after consulta- REVIEW PANEL.—Notwithstanding any other works are made available under subpara- tion with the National Academies of Science, provision of law, each agency that awards a graph (B)(iv); and Engineering, and Medicine, may issue a Federal research grant shall not disclose, ei- (iii) make effective use of any law or guid- waiver for an institution of higher education ther publicly or privately, to an applicant ance relating to the creation and reservation that maintains a contract or agreement be- for such grant the identity of any member of of a Government license that provides for tween the institution and a Confucius Insti- the grant review panel for such applicant. the reproduction, publication, release, or tute if such contract or agreement includes (b) PUBLIC ACCESSIBILITY OF RESEARCH other uses of a final manuscript for Federal clear provisions that— FUNDED BY TAXPAYERS.— purposes. (1) protect academic freedom at the insti- (1) DEFINITION OF FEDERAL AGENCY.—In this (D) EXCLUSIONS.—Each Federal research tution; section, the term ‘‘Federal agency’’ means public access policy shall not apply to— (2) prohibit the application of any foreign an Executive agency, as defined under sec- (i) research progress reports presented at law on any campus of the institution; tion 105 of title 5, United States Code. professional meetings or conferences; (3) grant full managerial authority of the (2) FEDERAL RESEARCH PUBLIC ACCESS POL- (ii) laboratory notes, preliminary data Confucius Institute to the institution, in- ICY.— analyses, notes of the author, phone logs, or cluding full control over what is being (A) REQUIREMENT TO DEVELOP POLICY.— other information used to produce final taught, the activities carried out, the re- (i) IN GENERAL.—Not later than 1 year after manuscripts; search grants that are made, and who is em- the date of enactment of this section, each (iii) classified research, research resulting ployed at the Confucius Institute; and Federal agency with annual extramural rein works that generate revenue or royalties

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2633 for authors (such as books) or patentable dis- space situational awareness data to commer- without compromising the national security coveries, to the extent necessary to protect a cial satellite operators; and interests of the United States. copyright or patent; or (5) given the growing space economy, ele- ‘‘(b) ELIGIBLE ENTITY DESCRIBED.—An eligi- (iv) authors who do not submit their work vating the Office of Space Commerce within ble entity described in this subsection is any to a journal or works that are rejected by the Department of Commerce may enhance non-United States Government entity, in- journals. the ability of the Office of Space Com- cluding— (3) RULE OF CONSTRUCTION REGARDING PAT- merce— ‘‘(1) a State; ENT OR COPYRIGHT LAW.—Nothing in this sec- (A) to promote space safety through future ‘‘(2) a political subdivision of a State; tion shall be construed to affect any right space situational awareness and space traffic ‘‘(3) a United States commercial entity; under the provisions of title 17 or 35, United management efforts; and ‘‘(4) the government of a foreign country; States Code. (B) to coordinate with other Federal agen- and (4) GAO REPORT.—Not later than 3 years cies and foreign entities. ‘‘(5) a foreign commercial entity. after the date of enactment of this section, SEC. 2603. DEFINITIONS. ‘‘(c) PUBLIC SERVICES.— and every 5 years thereafter, the Comptroller In this subtitle: ‘‘(1) IN GENERAL.—The Secretary of Com- General of the United States shall submit to (1) CENTER.—The term ‘‘Center’’ means a merce shall designate a basic level of space Congress a report that— Center of Excellence for Space Situational situational awareness data, information, and (A) includes an analysis of the period be- Awareness established under section 2605. services to be provided at no charge to 1 or tween the date on which each applicable (2) INSTITUTION OF HIGHER EDUCATION.—The more eligible entities described in subsection paper becomes publicly available in a journal term ‘‘institution of higher education’’ has (b), which shall include public services, free and the date on which the paper is in the on- the meaning given the term in section 101 of of charge, such as— line repository of the applicable Federal the Higher Education Act of 1965 (20 U.S.C. ‘‘(A) a public catalog of tracked space ob- agency; and 1001). jects; (B) examines the effectiveness of the Fed- (3) ORBITAL DEBRIS.—The term ‘‘orbital de- ‘‘(B) emergency conjunction notifications; eral research public access policy in pro- bris’’ means any space object that— and viding the public with free online access to (A) remains in orbit; and ‘‘(C) any other data or services the Direc- papers on research funded by each Federal (B) no longer serves any useful function or tor of Space Commerce considers appro- agency required to develop a policy under purpose. priate. IMITATION paragraph (2)(A), including— (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(2) L .—The Secretary of Com- (i) whether the terms of use applicable to means the Secretary of Commerce. merce may only provide data or services such research papers in effect are effective in (5) SPACE OBJECT.—The term ‘‘space ob- under paragraph (1)(C) that compete with enabling productive reuse of the research ject’’ means any object launched into space products offered by United States commer- and computational analysis by state-of-the- or created in space by humans. cial entities if the provision of such data or art technologies; and (6) SPACE SITUATIONAL AWARENESS.—The services is required to address a threat to (ii) whether such research papers should term ‘‘space situational awareness’’ means— space safety. ‘‘(d) ADVANCED SERVICES.—The Secretary include a royalty-free copyright license that (A) the identification and characterization of Commerce may undertake activities to is available to the public and that permits of space objects and orbital debris; and promote the development of advanced space the reuse of those research papers, on the (B) the understanding of the manner in situational awareness data, information, and condition that attribution is given to the au- which space objects and orbital debris be- services to foster the growth of a global thor or authors of the research and any oth- have in space. ers designated by the copyright owner. space safety industry. SEC. 2604. SPACE SITUATIONAL AWARENESS (5) DOWNSTREAM REPORTING.—Any person ‘‘(e) PROCEDURES.—The Secretary of Com- DATA, INFORMATION, AND SERV- merce shall establish procedures by which or institution awarded a grant from a Fed- ICES: PROVISION TO NON-UNITED eral research agency shall— STATES GOVERNMENT ENTITIES. the authority under this section shall be carried out. (A) notify and seek authorization from the (a) IN GENERAL.—Chapter 507 of title 51, ‘‘(f) IMMUNITY.—The United States, any relevant agency for any funds derived from United States Code, is amended by adding at agency or instrumentality thereof, and any the grant made available through a subgrant the end the following: individual, firm, corporation, or other person or subsequent grant (including to an em- ‘‘§ 50704. Space situational awareness data, acting for the United States shall be immune ployee or subdivision of the grant recipient’s information, and services: provision to non- from any suit in any court for any cause of organization); and United States Government entities action arising from the provision or receipt (B) ensure that each subgrant or subse- ‘‘(a) SPACE SITUATIONAL AWARENESS PRO- of space situational awareness data, informa- quent grant award (including to an employee GRAM.— tion, or services, whether or not provided in or subdivision of the grant recipient’s orga- ‘‘(1) REQUIREMENT.—Pursuant to the au- accordance with this section, or any related nization) funded with funds derived from the thority provided in section 50702, the Direc- action or omission. Federal grant is within the scope of the Fed- tor of Space Commerce, in coordination with eral grant award. ‘‘§ 50705. Authorization of appropriations appropriate entities within the Department (6) IMPARTIALITY IN FUNDING SCIENTIFIC RE- ‘‘There is authorized to be appropriated to of Commerce and the heads of other relevant SEARCH.—Notwithstanding any other provi- the Secretary of Commerce to carry out this Federal agencies— sion of law, each Federal agency, in award- chapter $15,000,000 for fiscal year 2021.’’. ‘‘(A) shall carry out a program to improve ing grants for scientific research, shall be (b) TECHNICAL AND CONFORMING AMEND- the collection, processing, and dissemination impartial and shall not seek to advance any MENT.—The table of sections for chapter 507 of space situational awareness data, informa- political position or fund a grant to reach a of title 51, United States Code, is amended by tion, and services; predetermined conclusion. inserting after the item relating to section ‘‘(B) subject to paragraph (2), may provide 50703 the following: TITLE VI—SPACE MATTERS such data, information, and services to 1 or ‘‘50704. Space situational awareness data, in- Subtitle A—SPACE Act more eligible entities described in subsection formation, and services: provi- SEC. 2601. SHORT TITLE. (b); sion to non-United States Gov- This subtitle may be cited as the ‘‘Space ‘‘(C) may obtain such data, information, ernment entities. Preservation and Conjunction Emergency and services from 1 or more such eligible en- ‘‘50705. Authorization of appropriations.’’. Act of 2021’’ or the ‘‘SPACE Act of 2021’’. tities; and SEC. 2605. CENTERS OF EXCELLENCE FOR SPACE SEC. 2602. SENSE OF CONGRESS. ‘‘(D) not later than 180 days after the date SITUATIONAL AWARENESS. It is the sense of Congress that— of the enactment of this section, shall obtain (a) IN GENERAL.—Subject to appropria- (1) the increasingly congested nature of the data or services from 1 or more United tions, the Secretary shall award grants to el- space environment requires immediate ac- States commercial entities, to be stored in igible entities to establish 1 or more Centers tion to address the threat of collisions bean open-architecture data repository that of Excellence for Space Situational Aware- tween spacecraft and orbital debris; uses commercially available cloud-based ness to advance scientific, technological, (2) such collisions threaten the billions of computing platforms and other analytic or transdisciplinary, and policy research in dollars of existing United States and allied visualization capabilities. space situational awareness. spacecraft, including the International ‘‘(2) TYPE OF INFORMATION PROVIDED.— (b) PURPOSES.—Each Center shall— Space Station, and endanger the future ‘‘(A) IN GENERAL.—Data and information (1) conduct transdisciplinary research, de- usability of space; provided to eligible entities under paragraph velopment, and demonstration projects re- (3) the provision of accurate and timely no- (1)(B) shall be safety-related and unclassi- lated to detecting, tracking, identifying, tice to commercial satellite operators with fied. characterizing, modeling, and minimizing respect to potential conjunctions enhances ‘‘(B) NATIONAL SECURITY.—The Secretary of space safety, security, and sustainability safety; Commerce, in consultation with the Sec- risks to improve— (4) a 2020 National Academies for Public retary of Defense and the heads of other rel- (A) space situational awareness and the de- Administration study identified the Depart- evant Federal agencies, shall develop a pol- velopment of open-architecture resources for ment of Commerce as the preferred Federal icy to determine the type of information improved space safety, security, and sustain- agency to manage, process, and disseminate that may be provided under paragraph (1) ability;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2634 CONGRESSIONAL RECORD — SENATE May 18, 2021 (B) the unique identification, tracking, term in section 30104 of title 51, United to competition between the United States classification, prediction, and modeling of States Code. and the People’s Republic of China; and orbital debris and space objects; (7) ISS.—The term ‘‘ISS’’ means the Inter- (2) to mitigate threats and minimize chal- (C) the monitoring, quantification, assess- national Space Station. lenges to the superiority of the United ment, modeling, and prediction of space op- (8) ISS MANAGEMENT ENTITY.—The term States in space technology, including lunar erations and environmental threats and haz- ‘‘ISS management entity’’ means the organi- infrastructure and lander capabilities. ards, including in space collisions; zation with which the Administrator has en- (c) HUMAN LANDING SYSTEM PROGRAM.— (D) peer exchange and documentation of tered into a cooperative agreement under (1) IN GENERAL.—Not later than 60 days evidence-based practices, policies, laws, and section 504(a) of the National Aeronautics after the date of the enactment of this divi- regulations related to orbital debris mitiga- and Space Administration Authorization Act sion, the Administrator shall maintain com- tion and remediation; and of 2010 (42 U.S.C. 18354(a)). petitiveness within the human landing sys- (E) sharing, modeling, and curation of data (9) NASA.—The term ‘‘NASA’’ means the tem program by funding design, develop- related to orbital debris, space objects, and National Aeronautics and Space Administra- ment, testing, and evaluation for not fewer the environment of orbital debris and space tion. than 2 entities. objects; (10) ORION.—The term ‘‘Orion’’ means the (2) REQUIREMENTS.—In carrying out the (2) conduct policy research related to space multipurpose crew vehicle described in sec- human landing system program referred to safety, security, and sustainability so as to tion 303 of the National Aeronautics and in paragraph (1), the Administrator shall, to improve sharing of common data and legal Space Administration Authorization Act of the extent practicable— standards related to orbital debris; 2010 (42 U.S.C. 18323). (A) encourage reusability and sustain- (3) leverage non-Federal sources of support (11) OSTP.—The term ‘‘OSTP’’ means the ability of systems developed; and to improve space situational awareness and Office of Science and Technology Policy. (B) offer existing capabilities and assets of minimize space safety, security, and sustain- (12) SPACE LAUNCH SYSTEM.—The term NASA centers to support such partnerships. ability risks; and ‘‘Space Launch System’’ means the Space (3) BRIEFING.—Not later than 60 days after (4) draw on commercial capabilities and Launch System authorized under section 302 the date of the enactment of this division, data, as appropriate. of the National Aeronautics and Space Ad- the Administrator shall provide to the ap- (c) ELIGIBLE ENTITIES.— ministration Act of 2010 (42 U.S.C. 18322). propriate committees of Congress a briefing (1) IN GENERAL.—To be eligible for a grant on the implementation of paragraph (1). under this section, an entity shall be a con- PART I—AUTHORIZATION OF APPROPRIATIONS (4) AUTHORIZATION OF APPROPRIATIONS.—In sortium led by— addition to amounts otherwise appropriated (A) an institution of higher education; or SEC. 2613. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to for the Artemis program, for fiscal years 2021 (B) a nonprofit organization. through 2025, there is authorized to be appro- (2) MEMBERSHIP OF CONSORTIUM.—The con- the Administration for fiscal year 2021 $23,495,000,000 as follows: priated $10,032,000,000 to NASA to carry out sortium referred to in paragraph (1) may in- the human landing system program. clude 1 or more— (1) For Exploration, $6,706,400,000. (2) For Space Operations, $3,988,200,000. (5) SAVINGS.—The Administrator shall not, (A) commercial entities; in order to comply with the obligations re- (B) Federal laboratories, including Depart- (3) For Science, $7,274,700,000. (4) For Aeronautics, $828,700,000. ferred to in paragraph (1), modify, terminate, ment of Defense research laboratories; and or rescind any selection decisions or awards (C) other institutions of higher education (5) For Space Technology, $1,206,000,000. made under the human landing system pro- or nonprofit organizations. (6) For Science, Technology, Engineering, gram that were announced prior to the date (d) CONSIDERATIONS.—In awarding grants and Mathematics Engagement, $120,000,000. under this section, the Secretary shall con- (7) For Safety, Security, and Mission Serv- of enactment of this division. (d) APPROPRIATE COMMITTEES OF CONGRESS sider, at a minimum— ices, $2,936,500,000. DEFINED.—In this section, the term ‘‘appro- (1) the potential of a proposed Center— (8) For Construction and Environmental priate committees of Congress’’ means— (A) to improve the science and technology Compliance and Restoration, $390,300,000. (1) the Committee on Commerce, Science, of space situational awareness; and (9) For Inspector General, $44,200,000. and Transportation and the Committee on (B) to reduce the amount of space safety, PART II—HUMAN SPACEFLIGHT AND Appropriations of the Senate; and security, and sustainability risks; and EXPLORATION (2) the Committee on Science, Space, and (2) the commitment of financial support, SEC. 2614. COMPETITIVENESS WITHIN THE Technology and the Committee on Appro- advice, participation, and other contribu- HUMAN LANDING SYSTEM PRO- priations of the House of Representatives. tions from non-Federal sources. GRAM. SEC. 2615. SPACE LAUNCH SYSTEM CONFIGURA- (e) GRANT PERIOD.—A grant awarded under (a) SENSE OF CONGRESS.—It is the sense of this section shall be awarded for a period of TIONS. Congress that— (a) MOBILE LAUNCH PLATFORM.—The Ad- 5 years. (1) advances in space technology and space (f) AUTHORIZATION OF APPROPRIATIONS.— ministrator is authorized to maintain 2 oper- exploration capabilities ensure the long- ational mobile launch platforms to enable There is authorized to be appropriated to term technological preeminence, economic carry out this section $20,000,000. the launch of multiple configurations of the competitiveness, STEM workforce develop- Space Launch System. Subtitle B—National Aeronautics and Space ment, and national security of the United (b) EXPLORATION UPPER STAGE.—To meet Administration Authorization Act States; the capability requirements under section SEC. 2611. SHORT TITLE. (2) the development of technologies that 302(c)(2) of the National Aeronautics and This subtitle may be cited as the ‘‘Na- enable human exploration of the lunar sur- Space Administration Authorization Act of tional Aeronautics and Space Administra- face and other celestial bodies is critical to 2010 (42 U.S.C. 18322(c)(2)), the Administrator tion Authorization Act of 2021’’. the space industrial base of the United shall continue development of the Explo- SEC. 2612. DEFINITIONS. States; ration Upper Stage for the Space Launch In this subtitle: (3) commercial entities in the United System with a scheduled availability suffi- (1) ADMINISTRATION.—The term ‘‘Adminis- States have made significant investment and cient for use on the third launch of the Space tration’’ means the National Aeronautics progress toward the development of human- Launch System. and Space Administration. class lunar landers; (c) BRIEFING.—Not later than 90 days after (2) ADMINISTRATOR.—The term ‘‘Adminis- (4) NASA developed the Artemis program— the date of the enactment of this division, trator’’ means the Administrator of the Na- (A) to fulfill the goal of landing United the Administrator shall brief the appropriate tional Aeronautics and Space Administra- States astronauts, including the first woman committees of Congress on the development tion. and the next man, on the Moon; and and scheduled availability of the Exploration (3) APPROPRIATE COMMITTEES OF CON- (B) to collaborate with commercial and Upper Stage for the third launch of the GRESS.—Except as otherwise expressly pro- international partners to establish sustain- Space Launch System. vided, the term ‘‘appropriate committees of able lunar exploration by 2028; (d) MAIN PROPULSION TEST ARTICLE.—To Congress’’ means— (5) in carrying out the Artemis program, meet the requirements under section (A) the Committee on Commerce, Science, the Administrator should ensure that the en- 302(c)(3) of the National Aeronautics and and Transportation of the Senate; and tire Artemis program is inclusive and rep- Space Administration Authorization Act of (B) the Committee on Science, Space, and resentative of all people of the United 2010 (42 U.S.C. 18322(c)(3)), the Administrator Technology of the House of Representatives. States, including women and minorities; and shall— (4) CISLUNAR SPACE.—The term ‘‘cislunar (6) maintaining multiple technically cred- (1) immediately on completion of the first space’’ means the region of space beyond ible providers within NASA commercial pro- full-duration integrated core stage test of low-Earth orbit out to and including the re- grams is a best practice that reduces pro- the Space Launch System, initiate develop- gion around the surface of the Moon. grammatic risk. ment of a main propulsion test article for (5) DEEP SPACE.—The term ‘‘deep space’’ (b) STATEMENT OF POLICY.—It shall be the the integrated core stage propulsion ele- means the region of space beyond low-Earth policy of the United States— ments of the Space Launch System, con- orbit, including cislunar space. (1) to bolster the domestic space tech- sistent with cost and schedule constraints, (6) DEVELOPMENT COST.—The term ‘‘devel- nology industrial base, using existing tools particularly for long-lead propulsion hard- opment cost’’ has the meaning given the and authorities, particularly in areas central ware needed for flight;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2635 (2) not later than 180 days after the date of support of the deep space exploration plan of this division, the Administrator shall submit the enactment of this division, submit to the NASA. to the appropriate committees of Congress a appropriate committees of Congress a de- SEC. 2618. ROCKET ENGINE TEST INFRASTRUC- report on efforts under subsection (a). tailed plan for the development and oper- TURE. (c) APPROPRIATE COMMITTEES OF CONGRESS ation of such main propulsion test article; (a) IN GENERAL.—The Administrator shall DEFINED.—In this section, the term ‘‘appro- and continue to carry out a program to mod- priate committees of Congress’’ means— (3) use existing capabilities of NASA cen- ernize rocket propulsion test infrastructure (1) the Committee on Commerce, Science, ters for the design, manufacture, and oper- at NASA facilities— and Transportation, the Committee on Envi- ation of the main propulsion test article. (1) to increase capabilities; ronment and Public Works, and the Com- SEC. 2616. ADVANCED SPACESUITS. (2) to enhance safety; mittee on Appropriations of the Senate; and (3) to support propulsion development and (a) SENSE OF CONGRESS.—It is the sense of (2) the Committee on Science, Space, and Congress that next-generation advanced testing; and Technology, the Committee on Transpor- spacesuits are a critical technology for (4) to foster the improvement of Govern- tation and Infrastructure, and the Com- human space exploration and use of low- ment and commercial space transportation mittee on Appropriations of the House of Earth orbit, cislunar space, the surface of and exploration. Representatives. (b) PROJECTS.—Projects funded under the the Moon, and Mars. SEC. 2620. VALUE OF INTERNATIONAL SPACE program described in subsection (a) may in- (b) DEVELOPMENT PLAN.—The Adminis- STATION AND CAPABILITIES IN LOW- clude— trator shall establish a detailed plan for the EARTH ORBIT. (1) infrastructure and other facilities and (a) SENSE OF CONGRESS.—It is the sense of development and manufacture of advanced systems relating to rocket propulsion test Congress that— spacesuits, consistent with the deep space stands and rocket propulsion testing; (1) it is in the national and economic secu- exploration goals and timetables of NASA. (2) enhancements to test facility capacity rity interests of the United States to main- (c) DIVERSE ASTRONAUT CORPS.—The Ad- and flexibility; and ministrator shall ensure that spacesuits detain a continuous human presence in low- (3) such other projects as the Adminis- veloped and manufactured after the date of Earth orbit; trator considers appropriate to meet the the enactment of this division are capable of (2) low-Earth orbit should be used as a test goals described in that subsection. accommodating a wide range of sizes of as- bed to advance human space exploration and (c) REQUIREMENTS.—In carrying out the scientific discoveries; and tronauts so as to meet the needs of the di- program under subsection (a), the Adminis- verse NASA astronaut corps. (3) the ISS is a critical component of eco- trator shall— nomic, commercial, and industrial develop- (d) ISS USE.—Throughout the operational (1) prioritize investments in projects that life of the ISS, the Administrator should ment in low-Earth orbit. enhance test and flight certification capa- (b) HUMAN PRESENCE REQUIREMENT.—The fully use the ISS for testing advanced bilities for large thrust-level atmospheric United States shall continuously maintain spacesuits. and altitude engines and engine systems, and the capability for a continuous human pres- (e) PRIOR INVESTMENTS.— multi-engine integrated test capabilities; ence in low-Earth orbit through and beyond (1) IN GENERAL.—In developing an advanced (2) continue to make underutilized test fa- the useful life of the ISS. spacesuit, the Administrator shall, to the cilities available for commercial use on a re- maximum extent practicable, partner with SEC. 2621. EXTENSION AND MODIFICATION RE- imbursable basis; and LATING TO INTERNATIONAL SPACE industry-proven spacesuit design, develop- (3) ensure that no project carried out under STATION. ment, and manufacturing suppliers and le- this program adversely impacts, delays, or (a) POLICY.—Section 501(a) of the National verage prior and existing investments in ad- defers testing or other activities associated Aeronautics and Space Administration Au- vanced spacesuit technologies and existing with facilities used for Government pro- thorization Act of 2010 (42 U.S.C. 18351(a)) is capabilities at NASA centers to maximize grams, including— amended by striking ‘‘2024’’ and inserting the benefits of such investments and tech- (A) the Space Launch System and the Ex- ‘‘2030’’. nologies. ploration Upper Stage of the Space Launch (b) MAINTENANCE OF UNITED STATES SEG- (2) AGREEMENTS WITH PRIVATE ENTITIES.—In System; MENT AND ASSURANCE OF CONTINUED OPER- carrying out this subsection, the Adminis- (B) in-space propulsion to support explo- ATIONS.—Section 503(a) of the National Aero- trator may enter into 1 or more agreements ration missions; or nautics and Space Administration Author- with 1 or more private entities for the manu- (C) nuclear propulsion testing. ization Act of 2010 (42 U.S.C. 18353(a)) is facture of advanced spacesuits, as the Ad- (d) RULE OF CONSTRUCTION.—Nothing in amended by striking ‘‘September 30, 2024’’ ministrator considers appropriate. this section shall preclude a NASA program, and inserting ‘‘September 30, 2030’’. (f) BRIEFING.—Not later than 180 days after including the Space Launch System and the (c) RESEARCH CAPACITY ALLOCATION AND IN- the date of the enactment of this division, Exploration Upper Stage of the Space TEGRATION OF RESEARCH PAYLOADS.—Section and semiannually thereafter until NASA Launch System, from using the modernized 504(d) of the National Aeronautics and Space procures advanced spacesuits under this sec- test infrastructure developed under this sec- Administration Authorization Act of 2010 (42 tion, the Administrator shall brief the appro- tion. U.S.C. 18354(d)) is amended— priate committees of Congress on the devel- (e) WORKING CAPITAL FUND STUDY.— (1) in paragraph (1), in the first sentence— opment plan in subsection (b). (1) IN GENERAL.—Not later than 180 days (A) by striking ‘‘As soon as practicable’’ SEC. 2617. ACQUISITION OF DOMESTIC SPACE after the date of the enactment of this divi- and all that follows through ‘‘2011,’’ and in- TRANSPORTATION AND LOGISTICS sion, the Administrator shall submit to the serting ‘‘The’’; and RESUPPLY SERVICES. appropriate committees of Congress a report (B) by striking ‘‘September 30, 2024’’ and (a) IN GENERAL.—Except as provided in on the use of the authority under section inserting ‘‘September 30, 2030’’; and subsection (b), the Administrator shall not 30102 of title 51, United States Code, to pro- (2) in paragraph (2), in the third sentence, enter into any contract with a person or en- mote increased use of NASA rocket propul- by striking ‘‘September 30, 2024’’ and insert- tity that proposes to use, or will use, a for- sion test infrastructure for research, devel- ing ‘‘September 30, 2030’’. eign launch provider for a commercial serv- opment, testing, and evaluation activities by (d) MAINTENANCE OF USE.—Section 70907 of ice to provide space transportation or logis- other Federal agencies, firms, associations, title 51, United States Code, is amended— tics resupply for— corporations, and educational institutions. (1) in the section heading, by striking (1) the ISS; or (2) MATTERS TO BE INCLUDED.—The report ‘‘2024’’ and inserting ‘‘2030’’; (2) any Government-owned or Government- required by paragraph (1) shall include the (2) in subsection (a), by striking ‘‘Sep- funded platform in Earth orbit or cislunar following: tember 30, 2024’’ and inserting ‘‘September space, on the lunar surface, or elsewhere in (A) An assessment of prior use, if any, of 30, 2030’’; and space. the authority under section 30102 of title 51, (3) in subsection (b)(3), by striking ‘‘Sep- (b) EXCEPTION.—The Administrator may United States Code, to improve testing infra- tember 30, 2024’’ and inserting ‘‘September enter into a contract with a person or an en- structure. 30, 2030’’. tity that proposes to use, or will use, a for- (B) An analysis of any barrier to imple- (e) TRANSITION PLAN REPORTS.—Section eign launch provider for a commercial serv- mentation of such authority for the purpose 50111(c)(2) of title 51, United States Code is ice to carry out an activity described in sub- of promoting increased use of NASA rocket amended— section (a) if— propulsion test infrastructure. (1) in the matter preceding subparagraph (1) a domestic vehicle or service is unavail- SEC. 2619. PEARL RIVER MAINTENANCE. (A), by striking ‘‘2023’’ and inserting ‘‘2028’’; able; or (a) IN GENERAL.—The Administrator shall and (2) the launch vehicle or service is a con- coordinate with the Chief of the Army Corps (2) in subparagraph (J), by striking ‘‘2028’’ tribution by a partner to an international of Engineers to ensure the continued naviga- and inserting ‘‘2030’’. no-exchange-of-funds collaborative effort. bility of the Pearl River and Little Lake (f) ELIMINATION OF INTERNATIONAL SPACE (c) RULE OF CONSTRUCTION.—Nothing in channels sufficient to support NASA barge STATION NATIONAL LABORATORY ADVISORY this section shall be construed to prohibit operations surrounding Stennis Space Center COMMITTEE.—Section 70906 of title 51, United the Administrator from entering into 1 or and the Michoud Assembly Facility. States Code, is repealed. more no-exchange-of-funds collaborative (b) REPORT TO CONGRESS.—Not later than (g) CONFORMING AMENDMENTS.—Chapter 709 agreements with an international partner in 180 days after the date of the enactment of of title 51, United States Code, is amended—

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2636 CONGRESSIONAL RECORD — SENATE May 18, 2021 (1) by redesignating section 70907 as section (A) to stimulate demand for— other Federal agencies as the Administrator 70906; and (i) space-based commercial research, devel- considers appropriate, shall issue a report (2) in the table of sections for the chapter, opment, and manufacturing; detailing the feasibility of establishing a by striking the items relating to sections (ii) spaceflight products and services; and microgravity national laboratory federally 70906 and 70907 and inserting the following: (iii) human spaceflight products and serv- funded research and development center to ‘‘70906. Maintaining use through at least ices in low-Earth orbit; carry out activities relating to the study and 2030.’’. (B) to improve the capability of the ISS to use of in-space conditions. accommodate commercial users; and SEC. 2622. DEPARTMENT OF DEFENSE ACTIVI- SEC. 2625. INTERNATIONAL SPACE STATION NA- TIES ON INTERNATIONAL SPACE (C) subject to paragraph (3), to foster the TIONAL LABORATORY; PROPERTY STATION. development of commercial space stations RIGHTS IN INVENTIONS. (a) IN GENERAL.—Not later than 180 days and habitats. (a) IN GENERAL.—Subchapter III of chapter after the date of the enactment of this divi- (3) COMMERCIAL SPACE STATIONS AND HABI- 201 of title 51, United States Code, is amend- sion, the Secretary of Defense shall— TATS.— ed by adding at the end the following: (1) identify and review each activity, pro- (A) PRIORITY.—With respect to an activity ‘‘§ 20150. Property rights in designated inven- gram, and project of the Department of De- to develop a commercial space station or tions habitat, the Administrator shall give pri- fense completed, being carried out, or ‘‘(a) EXCLUSIVE PROPERTY RIGHTS.—Not- ority to an activity for which a private enti- planned to be carried out on the ISS as of withstanding section 3710a of title 15, chap- the date of the review; and ty provides a significant share of the cost to develop and operate the activity. ter 18 of title 35, section 20135, or any other (2) provide to the appropriate committees provision of law, a designated invention shall (B) REPORT.—Not later than 30 days after of Congress a briefing that describes the re- the date that an award or agreement is made be the exclusive property of a user, and shall sults of the review. to carry out an activity to develop a com- not be subject to a Government-purpose li- (b) APPROPRIATE COMMITTEES OF CONGRESS mercial space station or habitat, the Admin- cense, if— DEFINED.—In this section, the term ‘‘appro- istrator shall submit to the appropriate com- ‘‘(1)(A) the Administration is reimbursed priate committees of Congress’’ means— mittees of Congress a report on the develop- under the terms of the contract for the full (1) the Committee on Armed Services, the ment of the commercial space station or cost of a contribution by the Federal Gov- Committee on Appropriations, and the Com- habitat, as applicable, that includes— ernment of the use of Federal facilities, mittee on Commerce, Science, and Transpor- (i) a business plan that describes the man- equipment, materials, proprietary informa- tation of the Senate; and ner in which the project will— tion of the Federal Government, or services (2) the Committee on Armed Services, the (I) meet the future requirements of NASA of a Federal employee during working hours, Committee on Appropriations, and the Com- for low-Earth orbit human space-flight serv- including the cost for the Administration to mittee on Science, Space, and Technology of ices; and carry out its responsibilities under para- the House of Representatives. (II) fulfill the cost-share funding graphs (1) and (4) of section 504(d) of the Na- SEC. 2623. COMMERCIAL DEVELOPMENT IN LOW- prioritization under subparagraph (A); and tional Aeronautics and Space Administra- EARTH ORBIT. (ii) a review of the viability of the oper- tion Authorization Act of 2010 (42 U.S.C. (a) STATEMENT OF POLICY.—It is the policy ational business case, including— 18354(d)); of the United States to encourage the devel- (I) the level of expected Government par- ‘‘(B) Federal funds are not transferred to opment of a thriving and robust United ticipation; the user under the contract; and States commercial sector in low-Earth orbit. (II) a list of anticipated nongovernmental ‘‘(C) the designated invention was made (as (b) PREFERENCE FOR UNITED STATES COM- an international customers and associated defined in section 20135(a))— MERCIAL PRODUCTS AND SERVICES.—The Ad- contributions; and ‘‘(i) solely by the user; or ministrator shall continue to increase the (III) an assessment of long-term sustain- ‘‘(ii)(I) by the user with the services of a use of assets, products, and services of pri- ability for the nongovernmental customers, Federal employee under the terms of the vate entities in the United States to fulfill including an independent assessment of the contract; and the low-Earth orbit requirements of the Ad- viability of the market for such commercial ‘‘(II) the Administration is reimbursed for ministration. services or products. such services under subparagraph (B); or (c) NONCOMPETITION.— SEC. 2624. MAINTAINING A NATIONAL LABORA- ‘‘(2) the Administrator determines that the (1) IN GENERAL.—Except as provided in TORY IN SPACE. relevant field of commercial endeavor is suf- paragraph (2), the Administrator may not (a) SENSE OF CONGRESS.—It is the sense of ficiently immature that granting exclusive offer to a foreign person or a foreign govern- Congress that— property rights to the user is necessary to ment a spaceflight product or service relat- (1) the United States segment of the Inter- help bolster demand for products and serving to the ISS, if a comparable spaceflight national Space Station (as defined in section ices produced on crewed or crew-tended product or service, as applicable, is offered 70905 of title 51, United States Code), which space stations. by a private entity in the United States. is designated as a national laboratory under ‘‘(b) NOTIFICATION TO CONGRESS.—On com- (2) EXCEPTION.—The Administrator may section 70905(b) of title 51, United States pletion of a determination made under para- offer a spaceflight product or service relat- Code— graph (2), the Administrator shall submit to ing to the ISS to the government of a coun- (A) benefits the scientific community and the appropriate committees of Congress a try that is a signatory to the Agreement promotes commerce in space; notification of the determination that in- Among the Government of Canada, Govern- (B) fosters stronger relationships among cludes a written justification. ments of Member States of the European NASA and other Federal agencies, the pri- ‘‘(c) PUBLIC AVAILABILITY.—A determina- Space Agency, the Government of Japan, the vate sector, and research groups and univer- tion or part of such determination under Government of the Russian Federation, and sities; paragraph (1) shall be made available to the the Government of the United States of (C) advances science, technology, engineer- public on request, as required under section America Concerning Cooperation on the ing, and mathematics education through use 552 of title 5, United States Code (commonly Civil International Space Station, signed at of the unique microgravity environment; and referred to as the ‘Freedom of Information Washington January 29, 1998, and entered (D) advances human knowledge and inter- Act’). into force on March 27, 2001 (TIAS 12927), in- national cooperation; ‘‘(d) RULE OF CONSTRUCTION.—Nothing in cluding an international partner astronaut (2) after the ISS is decommissioned, the this section may be construed to affect the (as defined in section 50902 of title 51, United United States should maintain a national rights of the Federal Government, including States Code) that is sponsored by the govern- microgravity laboratory in space; property rights in inventions, under any con- ment of such a country. (3) in maintaining a national microgravity tract, except in the case of a written con- (d) SHORT-DURATION COMMERCIAL MIS- laboratory in space, the United States tract with the Administration or the ISS SIONS.—To provide opportunities for addi- should make appropriate accommodations management entity for the performance of a tional transport of astronauts to the ISS and for different types of ownership and oper- designated activity. help establish a commercial market in low- ation arrangements for the ISS and future ‘‘(e) DEFINITIONS.—In this section— Earth orbit, the Administrator may permit space stations; ‘‘(1) CONTRACT.—The term ‘contract’ has short-duration missions to the ISS for com- (4) to the maximum extent practicable, a the meaning giving the term in section mercial passengers on a fully or partially re- national microgravity laboratory in space 20135(a). imbursable basis. should be maintained in cooperation with ‘‘(2) DESIGNATED ACTIVITY.—The term ‘des- (e) PROGRAM AUTHORIZATION.— international space partners; and ignated activity’ means any non-NASA sci- (1) ESTABLISHMENT.—The Administrator (5) NASA should continue to support fun- entific use of the ISS national laboratory as shall establish a low-Earth orbit commercial damental science research on future plat- described in section 504 of the National Aero- development program to encourage the full- forms in low-Earth orbit and cislunar space, nautics and Space Administration Author- est commercial use and development of space orbital and suborbital flights, drop towers, ization Act of 2010 (42 U.S.C. 18354). by private entities in the United States. and other microgravity testing environ- ‘‘(3) DESIGNATED INVENTION.—The term (2) ELEMENTS.—The program established ments. ‘designated invention’ means any invention, under paragraph (1) shall, to the maximum (b) REPORT.—The Administrator, in coordi- product, or service conceived or first reduced extent practicable, include activities— nation with the National Space Council and to practice by any person in the performance

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of a designated activity under a written con- administration, such as financial, adminis- ‘‘(2) NEGOTIATION OF REIMBURSEMENTS.— tract with the Administration or the ISS trative, cost or pricing, or management in- Subject to the review described in paragraph management entity. formation. (1), the Administrator shall seek to enter ‘‘(4) FULL COST.—The term ‘full cost’ means ‘‘(3) DESIGNATED ACTIVITY.—The term ‘des- into an agreement to negotiate reimburse- the cost of transporting materials or pas- ignated activity’ has the meaning given the ments for payments received, or portions of sengers to and from the ISS, including any term in section 20150. profits created, by any mature, profitable power needs, the disposal of mass, crew ‘‘(4) ISS MANAGEMENT ENTITY.—The term private entity described in that paragraph, member time, stowage, power on the ISS, ‘ISS management entity’ has the meaning as appropriate, through a tiered process that data downlink, crew consumables, and life given the term in section 20150.’’. reflects the profitability of the relevant support. (b) SPECIAL HANDLING OF TRADE SECRETS product or service. ‘‘(5) GOVERNMENT-PURPOSE LICENSE.—The OR CONFIDENTIAL INFORMATION.—Section ‘‘(3) USE OF FUNDS.—Amounts received by term ‘Government-purpose license’ means 20131(b)(2) of title 51, United States Code, is the Administrator in accordance with an the reservation by the Federal Government amended to read as follows: agreement under paragraph (2) shall be used of an irrevocable, nonexclusive, nontransfer- ‘‘(2) INFORMATION DESCRIBED.— by the Administrator in the following order able, royalty-free license for the use of an in- ‘‘(A) ACTIVITIES UNDER AGREEMENT.—Infor- of priority: vention throughout the world by or on behalf mation referred to in paragraph (1) is infor- ‘‘(A) To defray the operating cost of the of the United States or any foreign govern- mation that— ISS. ment pursuant to a treaty or agreement with ‘‘(i) results from activities conducted ‘‘(B) To develop, implement, or operate fu- the United States. under an agreement entered into under sub- ture low-Earth orbit platforms or capabili- ‘‘(6) ISS MANAGEMENT ENTITY.—The term sections (e) and (f) of section 20113; and ties. ‘ISS management entity’ means the organi- ‘‘(ii) would be a trade secret or commercial ‘‘(C) To develop, implement, or operate fu- zation with which the Administrator enters or financial information that is privileged or ture human deep space platforms or capabili- into a cooperative agreement under section confidential within the meaning of section ties. 504(a) of the National Aeronautics and Space 552(b)(4) of title 5 if the information had been ‘‘(D) Any other costs the Administrator Administration Authorization Act of 2010 (42 obtained from a non-Federal party partici- considers appropriate. pating in such an agreement. U.S.C. 18354(a)). ‘‘(4) REPORT.—On completion of the first ‘‘(7) USER.—The term ‘user’ means a per- ‘‘(B) CERTAIN DATA.—Information referred annual review under paragraph (1), and annu- son, including a nonprofit organization or to in paragraph (1) includes data (as defined ally thereafter, the Administrator shall sub- small business firm (as such terms are de- in section 20151) that— mit to the appropriate committees of Con- ‘‘(i) was first produced by the Administra- fined in section 201 of title 35), or class of gress a report that includes a description of tion in the performance of any designated persons that enters into a written contract the results of the annual review, any agree- activity (as defined in section 20150); and with the Administration or the ISS management entered into under this section, and ‘‘(ii) would be a trade secret or commercial ment entity for the performance of des- the amounts recouped or obtained under any or financial information that is privileged or ignated activities.’’. such agreement. ONFORMING MENDMENT confidential within the meaning of section (b) C A .—The table of ‘‘(b) LICENSING AND ASSIGNMENT OF INVEN- 552(b)(4) of title 5 if the data had been ob- sections for chapter 201 of title 51, United TIONS.—Notwithstanding sections 3710a and States Code, is amended by inserting after tained from a non-Federal party.’’. 3710c of title 15 and any other provision of (c) CONFORMING AMENDMENT.—The table of the item relating to section 20149 the fol- law, after payment in accordance with subsections for chapter 201 of title 51, United lowing: section (A)(i) of such section 3710c(a)(1)(A)(i) States Code, as amended by section 2626, is ‘‘20150. Property rights in designated inven- to the inventors who have directly assigned further amended by inserting after the item tions.’’. to the Federal Government their interests in relating to section 20150 the following: SEC. 2626. DATA FIRST PRODUCED DURING NON- an invention under a written contract with NASA SCIENTIFIC USE OF THE ISS ‘‘20151. Data rights.’’. the Administration or the ISS management NATIONAL LABORATORY. SEC. 2627. PAYMENTS RECEIVED FOR COMMER- entity for the performance of a designated (a) DATA RIGHTS.—Subchapter III of chap- CIAL SPACE-ENABLED PRODUCTION activity, the balance of any royalty or other ter 201 of title 51, United States Code, as ON THE ISS. payment received by the Administrator or amended by section 2626, is further amended (a) SENSE OF CONGRESS.—It is the sense of the ISS management entity from licensing by adding at the end the following: Congress that— and assignment of such invention shall be ‘‘§ 20151. Data rights (1) the Administrator should determine a paid by the Administrator or the ISS man- threshold for NASA to recover the costs of ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS agement entity, as applicable, to the Space supporting the commercial development of NATIONAL LABORATORY.—The Federal Gov- Exploration Fund. ernment may not use or reproduce, or dis- products or services aboard the ISS, through ‘‘(c) SPACE EXPLORATION FUND.— close outside of the Government, any data the negotiation of agreements, similar to ‘‘(1) ESTABLISHMENT.—There is established first produced in the performance of a des- agreements made by other Federal agencies in the Treasury of the United States a fund, ignated activity under a written contract that support private sector innovation; and to be known as the ‘Space Exploration Fund’ with the Administration or the ISS manage- (2) the amount of such costs that to be re- (referred to in this subsection as the ‘Fund’), ment entity, unless— covered or profits collected through such to be administered by the Administrator. ‘‘(1) otherwise agreed under the terms of agreements should be applied by the Admin- ‘‘(2) USE OF FUND.—The Fund shall be the contract with the Administration or the istrator through a tiered process, taking into available to carry out activities described in ISS management entity, as applicable; consideration the relative maturity and prof- subsection (a)(3). ‘‘(2) the designated activity is carried out itability of the applicable product or service. ‘‘(3) DEPOSITS.—There shall be deposited in with Federal funds; (b) IN GENERAL.—Subchapter III of chapter the Fund— ‘‘(3) disclosure is required by law; 201 of title 51, United States Code, as amend- ‘‘(A) amounts appropriated to the Fund; ‘‘(4) the Federal Government has rights in ed by section 2627, is further amended by ‘‘(B) fees and royalties collected by the Ad- the data under another Federal contract, adding at the end the following: ministrator or the ISS management entity grant, cooperative agreement, or other ‘‘§ 20152. Payments received for commercial under subsections (a) and (b); and transaction; or space-enable production ‘‘(C) donations or contributions designated ‘‘(5) the data is— ‘‘(a) ANNUAL REVIEW.— to support authorized activities. ‘‘(A) otherwise lawfully acquired or inde- ‘‘(1) IN GENERAL.—Not later than one year ‘‘(4) RULE OF CONSTRUCTION.—Amounts pendently developed by the Federal Govern- after the date of the enactment of this sec- available to the Administrator under this ment; tion, and annually thereafter, the Adminis- subsection shall be— ‘‘(B) related to the health and safety of trator shall review the profitability of any ‘‘(A) in addition to amounts otherwise personnel on the ISS; or partnership with a private entity under a made available for the purpose described in ‘‘(C) essential to the performance of work contract in which the Administrator— paragraph (2); and by the ISS management entity or NASA per- ‘‘(A) permits the use of the ISS by such ‘‘(B) available for a period of 5 years, to the sonnel. private entities to produce a commercial extent and in the amounts provided in an- ‘‘(b) DEFINITIONS.—In this section: product or service; and nual appropriation Acts. ‘‘(1) CONTRACT.—The term ‘contract’ has ‘‘(B) provides the total unreimbursed cost ‘‘(d) DEFINITIONS.— the meaning given the term under section of a contribution by the Federal Government ‘‘(1) IN GENERAL.—In this section, any term 20135(a). for the use of Federal facilities, equipment, used in this section that is also used in sec- ‘‘(2) DATA.— materials, proprietary information of the tion 20150 shall have the meaning given the ‘‘(A) IN GENERAL.—The term ‘data’ means Federal Government, or services of a Federal term in that section. recorded information, regardless of form or employee during working hours, including ‘‘(2) APPROPRIATE COMMITTEES OF CON- the media on which it may be recorded. the cost for the Administration to carry out GRESS.—The term ‘appropriate committees ‘‘(B) INCLUSIONS.—The term ‘data’ includes its responsibilities under paragraphs (1) and of Congress’ means— technical data and computer software. (4) of section 504(d) of the National Aero- ‘‘(A) the Committee on Commerce, ‘‘(C) EXCLUSIONS.—The term ‘data’ does not nautics and Space Administration Author- Science, and Transportation and the Com- include information incidental to contract ization Act of 2010 (42 U.S.C. 18354(d)). mittee on Appropriations of the Senate; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2638 CONGRESSIONAL RECORD — SENATE May 18, 2021 ‘‘(B) the Committee on Science, Space, and tiative under the leadership of the United evant committees of the National Acad- Technology and the Committee on Appro- States.’’. emies.’’. priations of the House of Representatives.’’. (b) DEFINITION OF CISLUNAR SPACE.—Sec- SEC. 2632. LUNAR DISCOVERY PROGRAM. (c) CONFORMING AMENDMENT.—The table of tion 10101 of title 51, United States Code, is (a) IN GENERAL.—The Administrator may sections for chapter 201 of title 51, United amended by adding at the end the following: carry out a program to conduct lunar science States Code, as amended by section and 2626, ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar research, including missions to the surface of is further amended by inserting after the space’ means the region of space beyond low- the Moon, that materially contributes to the item relating to section 20151 the following: Earth orbit out to and including the region objective described in section 20102(d)(1) of ‘‘20152. Payments received for commercial around the surface of the Moon.’’. title 51, United States Code. space-enabled production.’’. (c) TECHNICAL AND CONFORMING AMEND- (b) COMMERCIAL LANDERS.—In carrying out SEC. 2628. STEPPING STONE APPROACH TO EX- MENTS.—Section 3 of the National Aero- the program under subsection (a), the Ad- PLORATION. nautics and Space Administration Author- ministrator shall procure the services of (a) IN GENERAL.—Section 70504 of title 51, ization Act of 2010 (42 U.S.C. 18302) is amend- commercial landers developed primarily by United States Code, is amended to read as ed by striking paragraphs (2) and (3) and in- United States industry to land science pay- follows: serting the following: loads of all classes on the lunar surface. ‘‘(2) APPROPRIATE COMMITTEES OF CON- ‘‘§ 70504. Stepping stone approach to explo- (c) LUNAR SCIENCE RESEARCH.—The Admin- GRESS.—The term ‘appropriate committees ration istrator shall ensure that lunar science re- of Congress’ means— search carried out under subsection (a) is ‘‘(a) IN GENERAL.—The Administrator, in ‘‘(A) the Committee on Commerce, consistent with recommendations made by sustainable steps, may conduct missions to Science, and Transportation of the Senate; the National Academies of Sciences, Engi- intermediate destinations, such as the Moon, and neering, and Medicine. in accordance with section 20302(b), and on a ‘‘(B) the Committee on Science, Space, and (d) LUNAR POLAR VOLATILES.—In carrying timetable determined by the availability of Technology of the House of Representatives. out the program under subsection (a), the funding, in order to achieve the objective of ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar Administrator shall, at the earliest oppor- human exploration of Mars specified in sec- space’ means the region of space beyond low- tunity, consider mission proposals to evalu- tion 202(b)(5) of the National Aeronautics Earth orbit out to and including the region ate the potential of lunar polar volatiles to and Space Administration Authorization Act around the surface of the Moon.’’. contribute to sustainable lunar exploration. of 2010 (42 U.S.C. 18312(b)(5)), if the Adminis- SEC. 2629. TECHNICAL AMENDMENTS RELATING SEC. 2633. SEARCH FOR LIFE. trator— TO ARTEMIS MISSIONS. ‘‘(1) determines that each such mission (a) SENSE OF CONGRESS.—It is the sense of (a) Section 421 of the National Aeronautics Congress that— demonstrates or advances a technology or and Space Administration Authorization Act operational concept that will enable human (1) the report entitled ‘‘An Astrobiology of 2017 (Public Law 115–10; 51 U.S.C. 20301 Strategy for the Search for Life in the Uni- missions to Mars; and note) is amended— ‘‘(2) incorporates each such mission into verse’’ published by the National Academies (1) in subsection (c)(3)— of Sciences, Engineering, and Medicine out- the human exploration roadmap under sec- (A) by striking ‘‘EM–1’’ and inserting tion 432 of the National Aeronautics and lines the key scientific questions and meth- ‘‘Artemis I’’; ods for fulfilling the objective of NASA to Space Administration Transition Authoriza- (B) by striking ‘‘EM–2’’ and inserting tion Act of 2017 (Public Law 115–10; 51 U.S.C. search for the origin, evolution, distribution, ‘‘Artemis II’’; and and future of life in the universe; and 20302 note). (C) by striking ‘‘EM–3’’ and inserting ISLUNAR SPACE EXPLORATION ACTIVI- (2) the interaction of lifeforms with their ‘‘(b) C ‘‘Artemis III’’; and TIES.—In conducting a mission under sub- environment, a central focus of astrobiology (2) in subsection (f)(3), by striking ‘‘EM–3’’ section (a), the Administrator shall— research, is a topic of broad significance to and inserting ‘‘Artemis III’’. life sciences research in space and on Earth. ‘‘(1) use a combination of launches of the (b) Section 432(b) of the National Aero- Space Launch System and space transpor- (b) PROGRAM CONTINUATION.— nautics and Space Administration Author- (1) IN GENERAL.—The Administrator shall tation services from United States commer- ization Act of 2017 (Public Law 115–10; 51 cial providers, as appropriate, for the mis- continue to implement a collaborative, mul- U.S.C. 20302 note) is amended— tidisciplinary science and technology devel- sion; (1) in paragraph (3)(D)— ‘‘(2) plan for not fewer than 1 Space opment program to search for proof of the (A) by striking ‘‘EM–1’’ and inserting existence or historical existence of life be- Launch System launch annually beginning ‘‘Artemis I’’; and after the first successful crewed launch of yond Earth in support of the objective de- (B) by striking ‘‘EM–2’’ and inserting scribed in section 20102(d)(10) of title 51, Orion on the Space Launch System; and ‘‘Artemis II’’; and ‘‘(3) establish an outpost in orbit around United States Code. (2) in paragraph (4)(C), by striking ‘‘EM–3’’ (2) ELEMENT.—The program under para- the Moon that— and inserting ‘‘Artemis III’’. ‘‘(A) demonstrates technologies, systems, graph (1) shall include activities relating to and operational concepts directly applicable PART III—SCIENCE astronomy, biology, geology, and planetary to the space vehicle that will be used to SEC. 2631. SCIENCE PRIORITIES. science. transport humans to Mars; (a) SENSE OF CONGRESS ON SCIENCE PORT- (3) COORDINATION WITH LIFE SCIENCES PRO- ‘‘(B) has the capability for periodic human FOLIO.—Congress reaffirms the sense of Con- GRAM.—In carrying out the program under habitation; and gress that— paragraph (1), the Administrator shall co- ‘‘(C) can function as a point of departure, (1) a balanced and adequately funded set of ordinate efforts with the life sciences pro- return, or staging for Administration or non- activities, consisting of research and anal- gram of the Administration. governmental or international partner mis- ysis grant programs, technology develop- (4) TECHNOSIGNATURES.—In carrying out sions to multiple locations on the lunar sur- ment, suborbital research activities, and the program under paragraph (1), the Admin- face or other destinations. small, medium, and large space missions, istrator shall support activities to search for ‘‘(c) COST-EFFECTIVENESS.—To maximize contributes to a robust and productive and analyze technosignatures. the cost-effectiveness of the long-term space science program and serves as a catalyst for (5) INSTRUMENTATION AND SENSOR TECH- exploration and utilization activities of the innovation and discovery; and NOLOGY.—In carrying out the program under United States, the Administrator shall take (2) the Administrator should set science paragraph (1), the Administrator may strate- all necessary steps, including engaging non- priorities by following the guidance provided gically invest in the development of new in- governmental and international partners, to by the scientific community through the strumentation and sensor technology. ensure that activities in the Administra- decadal surveys of the National Academies of SEC. 2634. JAMES WEBB SPACE TELESCOPE. tion’s human space exploration program are Sciences, Engineering, and Medicine. (a) SENSE OF CONGRESS.—It is the sense of balanced in order to help meet the require- (b) NATIONAL ACADEMIES DECADAL SUR- Congress that— ments of future exploration and utilization VEYS.—Section 20305(c) of title 51, United (1) the James Webb Space Telescope will be activities leading to human habitation on States Code, is amended— the next premier observatory in space and the surface of Mars. (1) by striking ‘‘The Administrator shall’’ has great potential to further scientific ‘‘(d) COMPLETION.—Within budgetary con- and inserting the following: study and assist scientists in making new siderations, once an exploration-related ‘‘(1) REEXAMINATION OF PRIORITIES BY NA- discoveries in the field of astronomy; project enters its development phase, the Ad- TIONAL ACADEMIES.—The Administrator (2) the James Webb Space Telescope was ministrator shall seek, to the maximum ex- shall’’; and developed as an ambitious project with a tent practicable, to complete that project (2) by adding at the end the following: scope that was not fully defined at inception without undue delay. ‘‘(2) REEXAMINATION OF PRIORITIES BY AD- and with risk that was not fully known or ‘‘(e) INTERNATIONAL PARTICIPATION.—To MINISTRATOR.—If the Administrator decides understood; achieve the goal of successfully conducting a to reexamine the applicability of the prior- (3) despite the major technology develop- crewed mission to the surface of Mars, the ities of the decadal surveys to the missions ment and innovation that was needed to con- Administrator shall invite the partners in and activities of the Administration due to struct the James Webb Space Telescope, the ISS program and other nations, as appro- scientific discoveries or external factors, the major negative impacts to the cost and priate, to participate in an international ini- Administrator shall consult with the rel- schedule of the James Webb Space Telescope

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resulted from poor program management and NASA plays an important role in national ef- (3) USE OF FACILITIES.—In carrying out the poor contractor performance; forts— program under paragraph (1), the Adminis- (4) the Administrator should take into ac- (1) to collect and use Earth observations in trator may use ground-based, air-based, and count the lessons learned from the cost and service to society; and space-based facilities in low-Earth orbit and schedule issues relating to the development (2) to understand global change. beyond low-Earth orbit. of the James Webb Space Telescope in mak- (b) EARTH SCIENCE MISSIONS AND PRO- SEC. 2639. SCIENCE MISSIONS TO MARS. GRAMS.—With respect to the missions and ing decisions regarding the scope of and the (a) IN GENERAL.—The Administrator shall technologies needed for future scientific mis- programs of the Earth Science Division, the conduct 1 or more science missions to Mars Administrator shall, to the maximum extent sions; and to enable the selection of 1 or more sites for practicable, follow the recommendations and (5) in selecting future scientific missions, human landing. guidance provided by the scientific commu- the Administrator should take into account (b) SAMPLE PROGRAM.—The Administrator nity through the decadal survey for Earth the impact that large programs that overrun may carry out a program— science and applications from space of the cost and schedule estimates may have on (1) to collect samples from the surface of National Academies of Sciences, Engineer- other NASA programs in earlier phases of de- Mars; and ing, and Medicine, including— velopment. (2) to return such samples to Earth for sci- (b) PROJECT CONTINUATION.—The Adminis- (1) the science priorities described in such survey; entific analysis. trator shall continue— (c) USE OF EXISTING CAPABILITIES AND AS- (1) to closely track the cost and schedule (2) the execution of the series of existing or previously planned observations (commonly SETS.—In carrying out this section, the Ad- performance of the James Webb Space Tele- ministrator shall, to the maximum extent scope project; and known as the ‘‘program of record’’); and (3) the development of a range of missions practicable, use existing capabilities and as- (2) to improve the reliability of cost esti- sets of NASA centers. mates and contractor performance data of all classes, including opportunities for SEC. 2640. PLANETARY DEFENSE COORDINATION throughout the remaining development of principal investigator-led, competitively selected missions. OFFICE. the James Webb Space Telescope. (a) FINDINGS.—Congress makes the fol- (c) REVISED ESTIMATE.—Due to delays to SEC. 2638. LIFE SCIENCE AND PHYSICAL SCIENCE lowing findings: the James Webb Space Telescope project re- RESEARCH. (1) Near-Earth objects remain a threat to sulting from the COVID–19 pandemic, the (a) SENSE OF CONGRESS.—It is the sense of the United States. Administrator shall provide to Congress— Congress that— (2) Section 321(d)(1) of the National Aero- (1) an estimate of any increase to program (1) the 2011 decadal survey on biological and physical sciences in space identifies— nautics and Space Administration Author- development costs, if such costs are antici- (A) many areas in which fundamental sci- ization Act of 2005 (Public Law 109–155; 119 pated to exceed $8,802,700,000; and entific research is needed to efficiently ad- Stat. 2922; 51 U.S.C. 71101 note prec.) estab- (2) an estimate for a revised launch date. vance the range of human activities in space, lished a requirement that the Administrator SEC. 2635. NANCY GRACE ROMAN SPACE TELE- plan, develop, and implement a Near-Earth SCOPE. from the first stages of exploration to even- tual economic development; and Object Survey program to detect, track, (a) SENSE OF CONGRESS.—It is the sense of catalogue, and characterize the physical Congress that— (B) many areas of basic and applied sci- characteristics of near-Earth objects equal (1) major growth in the cost of astro- entific research that could use the micro- to or greater than 140 meters in diameter in physics flagship-class missions has impacted gravity, radiation, and other aspects of the order to assess the threat of such near-Earth the overall portfolio balance of the Science spaceflight environment to answer funda- objects to the Earth, with the goal of 90-per- Mission Directorate; and mental scientific questions; cent completion of the catalogue of such (2) the Administrator should continue to (2) given the central role of life science and near-Earth objects by December 30, 2020. develop the Nancy Grace Roman Space Tele- physical science research in developing the (3) The current planetary defense strategy scope with a development cost of not more future of space exploration, NASA should of NASA acknowledges that such goal will than $3,200,000,000. continue to invest strategically in such re- (b) PROJECT CONTINUATION.—The Adminis- search to maintain United States leadership not be met. trator shall continue to develop the Nancy in space exploration; and (4) The report of the National Academies of Grace Roman Space Telescope to meet the (3) such research remains important to the Sciences, Engineering, and Medicine entitled objectives outlined in the 2010 decadal survey objectives of NASA with respect to long-du- ‘‘Finding Hazardous Asteroids Using Infrared on astronomy and astrophysics of the Na- ration deep space human exploration to the and Visible Wavelength Telescopes’’ issued tional Academies of Sciences, Engineering, Moon and Mars. in 2019 states that— and Medicine in a manner that maximizes (b) PROGRAM CONTINUATION.— (A) NASA cannot accomplish such goal scientific productivity based on the re- (1) IN GENERAL.—In support of the goals de- with currently available assets; sources invested. scribed in section 20302 of title 51, United (B) NASA should develop and launch a States Code, the Administrator shall con- dedicated space-based infrared survey tele- SEC. 2636. STUDY ON SATELLITE SERVICING FOR SCIENCE MISSIONS. tinue to implement a collaborative, multi- scope to meet the requirements of section (a) IN GENERAL.—The Administrator shall disciplinary life science and physical science 321(d)(1) of the National Aeronautics and conduct a study on the feasibility of using fundamental research program— Space Administration Authorization Act of in-space robotic refueling, repair, or refur- (A) to build a scientific foundation for the 2005 (Public Law 109–155; 119 Stat. 2922; 51 bishment capabilities to extend the useful exploration and development of space; U.S.C. 71101 note prec.); and life of telescopes and other science missions (B) to investigate the mechanisms of (C) the early detection of potentially haz- that are operational or in development as of changes to biological systems and physical ardous near-Earth objects enabled by a the date of the enactment of this Act. systems, and the environments of those sys- space-based infrared survey telescope is im- (b) ELEMENTS.—The study conducted under tems in space, including the effects of long- portant to enable deflection of a dangerous subsection (a) shall include the following: duration exposure to deep space-related envi- asteroid. (1) An identification of the technologies ronmental factors on those systems; (b) ESTABLISHMENT OF PLANETARY DEFENSE and in-space testing required to demonstrate (C) to understand the effects of combined COORDINATION OFFICE.— the in-space robotic refueling, repair, or re- deep space radiation and altered gravity lev- (1) IN GENERAL.—Not later than 90 days furbishment capabilities described in that els on biological systems so as to inform the after the date of the enactment of this divi- subsection. development and testing of potential coun- sion, the Administrator shall establish an of- (2) The projected cost of using such capa- termeasures; fice within the Planetary Science Division of bilities, including the cost of extended oper- (D) to understand physical phenomena in the Science Mission Directorate, to be ations for science missions described in that reduced gravity that affect design and per- known as the ‘‘Planetary Defense Coordina- subsection. formance of enabling technologies necessary tion Office’’, to plan, develop, and implement (c) BRIEFING.—Not later than 1 year after for the space exploration program; a program to survey threats posed by near- the date of the enactment of this division, (E) to provide scientific opportunities to Earth objects equal to or greater than 140 the Administrator shall provide to the ap- educate, train, and develop the next genera- meters in diameter, as required by section propriate committees of Congress a briefing tion of researchers and engineers; and 321(d)(1) of the National Aeronautics and on the results of the study conducted under (F) to provide state-of-the-art data reposi- Space Administration Authorization Act of subsection (a). tories and curation of large multi-data sets 2005 (Public Law 109–155; 119 Stat. 2922; 51 (d) PUBLIC AVAILABILITY.—Not later than to enable comparative research analyses. U.S.C. 71101 note prec.). 30 days after the Administrator provides the (2) ELEMENTS.—The program under para- (2) ACTIVITIES.—The Administrator shall— briefing under subsection (c), the Adminis- graph (1) shall— (A) develop and, not later than September trator shall make the study conducted under (A) include fundamental research relating 30, 2025, launch a space-based infrared survey subsection (a) available to the public. to life science, space bioscience, and physical telescope that is capable of detecting near- SEC. 2637. EARTH SCIENCE MISSIONS AND PRO- science; and Earth objects equal to or greater than 140 GRAMS. (B) maximize intra-agency and interagency meters in diameter, with preference given to (a) SENSE OF CONGRESS.—It is the sense of partnerships to advance space exploration, planetary missions selected by the Adminis- Congress that the Earth Science Division of scientific knowledge, and benefits to Earth. trator as of the date of the enactment of this

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division to pursue concept design studies re- (b) REPORT.— SEC. 2644. SENSE OF CONGRESS ON COMMERCIAL lating to the development of a space-based (1) IN GENERAL.—Not later than 270 days SPACE SERVICES. infrared survey telescope; after the date of the enactment of this divi- It is the sense of Congress that— (B) identify, track, and characterize poten- sion, the Administrator shall submit to the (1) the Administration should explore part- tially hazardous near-Earth objects and issue appropriate committees of Congress a report nerships with the commercial space industry warnings of the effects of potential impacts evaluating the manner in which suborbital for space science missions in and beyond of such objects; and flight platforms can contribute to meeting Earth orbit, including partnerships relating (C) assist in coordinating Government the science objectives of NASA for the to payload and instrument hosting and com- planning for response to a potential impact Science Mission Directorate and the Human mercially available datasets; and of a near-Earth object. Exploration and Operations Mission Direc- (2) such partnerships could result in in- (c) ANNUAL REPORT.—Section 321(f) of the torate. creased mission cadence, technology ad- National Aeronautics and Space Administra- (2) CONTENTS.—The report required by vancement, and cost savings for the Admin- tion Authorization Act of 2005 (Public Law paragraph (1) shall include the following: istration. 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note (A) An assessment of the advantages of SEC. 2645. PROCEDURES FOR IDENTIFYING AND prec.) is amended to read as follows: suborbital flight platforms to meet science ADDRESSING ALLEGED VIOLATIONS ‘‘(f) ANNUAL REPORT.—Not later than 180 objectives. OF SCIENTIFIC INTEGRITY POLICY. days after the date of the enactment of the (B) An evaluation of the challenges to Not later than 180 days after the date of National Aeronautics and Space Administra- greater use of commercial suborbital flight the enactment of this division, the Adminis- tion Authorization Act of 2021, and annually platforms for science purposes. trator shall develop and document proce- thereafter through 90-percent completion of (C) An analysis of whether commercial dures for identifying and addressing alleged the catalogue required by subsection (d)(1), suborbital flight platforms can provide low- the Administrator shall submit to the Com- violations of the scientific integrity policy cost flight opportunities to test lunar and of NASA. mittee on Commerce, Science, and Transpor- Mars science payloads. tation of the Senate and the Committee on SEC. 2642. EARTH SCIENCE DATA AND OBSERVA- PART IV—AERONAUTICS Science, Space, and Technology of the House TIONS. SEC. 2646. SHORT TITLE. of Representatives a report that includes the (a) IN GENERAL.—The Administrator shall following: This part may be cited as the ‘‘Aeronautics to the maximum extent practicable, make Innovation Act’’. ‘‘(1) A summary of all activities carried available to the public in an easily accessible out by the Planetary Defense Coordination electronic database all data (including SEC. 2647. DEFINITIONS. Office established under section 2640(b)(1) of metadata, documentation, models, data In this part: the National Aeronautics and Space Admin- processing methods, images, and research re- (1) AERONAUTICS STRATEGIC IMPLEMENTA- istration Authorization Act of 2021 since the sults) of the missions and programs of the TION PLAN.—The term ‘‘Aeronautics Stra- date of enactment of that Act. Earth Science Division of the Administra- tegic Implementation Plan’’ means the Aero- ‘‘(2) A description of the progress with re- tion, or any successor division. nautics Strategic Implementation Plan spect to the design, development, and launch (b) OPEN DATA PROGRAM.—In carrying out issued by the Aeronautics Research Mission of the space-based infrared survey telescope subsection (a), the Administrator shall es- Directorate. required by section 2640 (b)(2)(A) of the Na- tablish and continue to operate an open data (2) UNMANNED AIRCRAFT; UNMANNED AIR- tional Aeronautics and Space Administra- program that— CRAFT SYSTEM.—The terms ‘‘unmanned air- tion Authorization Act of 2021 . (1) is consistent with the greatest degree of craft’’ and ‘‘unmanned aircraft system’’ have ‘‘(3) An assessment of the progress toward interactivity, interoperability, and accessi- the meanings given those terms in section meeting the requirements of subsection bility; and 44801 of title 49, United States Code. (d)(1). (2) enables outside communities, including (3) X-PLANE.—The term ‘‘X-plane’’ means ‘‘(4) A description of the status of efforts to the research and applications community, an experimental aircraft that is— coordinate planetary defense activities in re- private industry, academia, and the general (A) used to test and evaluate a new tech- sponse to a threat posed by a near-Earth ob- public, to effectively collaborate in areas im- nology or aerodynamic concept; and ject with other Federal agencies since the portant to— (B) operated by NASA or the Department date of enactment of the National Aero- (A) studying the Earth system and improv- of Defense. nautics and Space Administration Author- ing the prediction of Earth system change; SEC. 2648. EXPERIMENTAL AIRCRAFT PROJECTS. ization Act of 2021 . and ‘‘(5) A description of the status of efforts to (B) improving model development, data as- (a) SENSE OF CONGRESS.—It is the sense of coordinate and cooperate with other coun- similation techniques, systems architecture Congress that— tries to discover hazardous asteroids and integration, and computational efficiencies; (1) developing high-risk, precompetitive comets, plan a mitigation strategy, and im- and aerospace technologies for which there is not plement that strategy in the event of the (3) meets basic end-user requirements for yet a profit rationale is a fundamental role discovery of an object on a likely collision running on public computers and networks of NASA; course with Earth. located outside of secure Administration in- (2) large-scale piloted flight test experi- ‘‘(6) A summary of expenditures for all ac- formation and technology systems. mentation and validation are necessary for— tivities carried out by the Planetary Defense (c) HOSTING.—The program under sub- (A) transitioning new technologies and ma- Coordination Office since the date of enact- section (b) shall use, as appropriate and cost- terials, including associated manufacturing ment of the National Aeronautics and Space effective, innovative strategies and methods processes, for general aviation, commercial Administration Authorization Act of 2021.’’. for hosting and management of part or all of aviation, and military aeronautics use; and (d) LIMITATION ON USE OF FUNDS.—None of the program, including cloud-based com- (B) capturing the full extent of benefits the amounts authorized to be appropriated puting capabilities. from investments made by the Aeronautics by this subtitle for a fiscal year may be obli- (d) RULE OF CONSTRUCTION.—Nothing in Research Mission Directorate in priority gated or expended for the Office of the Ad- this section shall be interpreted to require programs called for in— ministrator during the last 3 months of that the Administrator to release classified, pro- (i) the National Aeronautics Research and fiscal year unless the Administrator submits prietary, or otherwise restricted information Development Plan issued by the National the report for that fiscal year required by that would be harmful to the national secu- Science and Technology Council in February section 321(f) of the National Aeronautics rity of the United States. 2010; and Space Administration Authorization Act SEC. 2643. SENSE OF CONGRESS ON SMALL SAT- (ii) the NASA 2014 Strategic Plan; of 2005 (Public Law 109–155; 119 Stat. 2922; 51 ELLITE SCIENCE. (iii) the Aeronautics Strategic Implemen- U.S.C. 71101 note prec.). It is the sense of Congress that— tation Plan; and (e) NEAR-EARTH OBJECT DEFINED.—In this (1) small satellites— (iv) any updates to the programs called for section, the term ‘‘near-Earth object’’ means (A) are increasingly robust, effective, and in the plans described in clauses (i) through an asteroid or comet with a perihelion dis- affordable platforms for carrying out space (iii); tance of less than 1.3 Astronomical Units science missions; (3) a level of funding that adequately sup- from the Sun. (B) can work in tandem with or augment ports large-scale piloted flight test experi- SEC. 2641. SUBORBITAL SCIENCE FLIGHTS. larger NASA spacecraft to support high-pri- mentation and validation, including related (a) SENSE OF CONGRESS.—It is the sense of ority science missions of NASA; and infrastructure, should be ensured over a sus- Congress that commercially available sub- (C) are cost effective solutions that may tained period of time to restore the capacity orbital flight platforms enable low-cost ac- allow NASA to continue collecting legacy of NASA— cess to a microgravity environment to ad- observations while developing next-genera- (A) to see legacy priority programs vance science and train scientists and engi- tion science missions; and through to completion; and neers under the Suborbital Research Pro- (2) NASA should continue to support small (B) to achieve national economic and secu- gram established under section 802(c) of the satellite research, development, tech- rity objectives; and National Aeronautics and Space Administra- nologies, and programs, including tech- (4) NASA should not be directly involved in tion Authorization Act of 2010 (42 U.S.C. nologies for compact and lightweight instru- the Type Certification of aircraft for current 18382(c)). mentation for small satellites. and future scheduled commercial air service

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2641 under part 121 or 135 of title 14, Code of Fed- (F) ensure that the project is aligned with technologies for future air traffic manage- eral Regulations, that would result in reduc- the Aeronautics Strategic Implementation ment systems for unmanned aircraft sys- tions in crew augmentation or single pilot or Plan and any updates to the Aeronautics tems; and autonomously operated aircraft. Strategic Implementation Plan. (3) continue to align the research and test- (b) STATEMENT OF POLICY.—It is the policy (3) UNITED STATES PERSON DEFINED.—In this ing portfolio of NASA to inform the integra- of the United States— subsection, the term ‘‘United States person’’ tion of unmanned aircraft systems into the (1) to maintain world leadership in— means— national airspace system, consistent with (A) military and civilian aeronautical (A) a United States citizen or an alien law- public safety and national security objec- science and technology; fully admitted for permanent residence to tives. (B) global air power projection; and the United States; or (b) SENSE OF CONGRESS ON COORDINATION (C) aerospace industrialization; and (B) an entity organized under the laws of WITH FEDERAL AVIATION ADMINISTRATION.—It (2) to maintain as a fundamental objective the United States or of any jurisdiction is the sense of Congress that— of NASA aeronautics research the steady within the United States, including a foreign (1) NASA should continue— progression and expansion of flight research branch of such an entity. (A) to coordinate with the Federal Avia- and capabilities, including the science and (d) ADVANCED MATERIALS AND MANUFAC- tion Administration on research on air traf- technology of critical underlying disciplines TURING TECHNOLOGY PROGRAM.— fic management systems for unmanned air- and competencies, such as— (1) IN GENERAL.—The Administrator may craft systems; and (A) computational-based analytical and establish an advanced materials and manu- (B) to assist the Federal Aviation Adminis- predictive tools and methodologies; facturing technology program— tration in the integration of air traffic man- (B) aerothermodynamics; (A) to develop— agement systems for unmanned aircraft sys- (C) propulsion; (i) new materials, including composite and tems into the national airspace system; and (D) advanced materials and manufacturing high-temperature materials, from base mate- (2) the test ranges (as defined in section processes; rial formulation through full-scale struc- 44801 of title 49, United States Code) should (E) high-temperature structures and mate- tural validation and manufacture; continue to be leveraged for research on— rials; and (ii) advanced materials and manufacturing (A) air traffic management systems for un- (F) guidance, navigation, and flight con- processes, including additive manufacturing, manned aircraft systems; and trols. to reduce the cost of manufacturing scale-up (B) the integration of such systems into (c) ESTABLISHMENT AND CONTINUATION OF X- and certification for use in general aviation, the national airspace system. commercial aviation, and military aero- PLANE PROJECTS.— SEC. 2650. 21ST CENTURY AERONAUTICS CAPA- (1) IN GENERAL.—The Administrator shall nautics; and BILITIES INITIATIVE. establish or continue to implement, in a (iii) noninvasive or nondestructive techniques for testing or evaluating aviation and (a) IN GENERAL.—The Administrator may manner that is consistent with the roadmap establish an initiative, to be known as the for supersonic aeronautics research and de- aeronautics structures, including for materials and manufacturing processes; ‘‘21st Century Aeronautics Capabilities Ini- velopment required by section 604(b) of the tiative’’, within the Construction and Envi- National Aeronautics and Space Administra- (B) to reduce the time it takes to design, industrialize, and certify advanced materials ronmental Compliance and Restoration Ac- tion Transition Authorization Act of 2017 count, to ensure that NASA possesses the in- (Public Law 115–10; 131 Stat. 55), the fol- and manufacturing processes; (C) to provide education and training op- frastructure and capabilities necessary to lowing projects: conduct proposed flight demonstration (A) A low-boom supersonic aircraft project portunities for the aerospace workforce; and (D) to address global cost and human cap- projects across the range of NASA aero- to demonstrate supersonic aircraft designs nautics interests. and technologies that— ital competitiveness for United States aero- (b) ACTIVITIES.—In carrying out the 21st (i) reduce sonic boom noise; and nautical industries and technological leader- Century Aeronautics Capabilities Initiative, (ii) assist the Administrator of the Federal ship in advanced materials and manufac- the Administrator may carry out the fol- Aviation Administration in enabling— turing technology. lowing activities: (I) the safe commercial deployment of civil (2) ELEMENTS.—In carrying out a program (1) Any investments the Administrator supersonic aircraft technology; and under paragraph (1), the Administrator considers necessary to upgrade and create fa- (II) the safe and efficient operation of civil shall— cilities for civil and national security aero- supersonic aircraft. (A) build on work that was carried out by nautics research to support advancements (B) A subsonic flight demonstrator aircraft the Advanced Composites Project of NASA; in— project to advance high-aspect-ratio, thin- (B) partner with the private and academic (A) long-term foundational science and wing aircraft designs and to integrate pro- sectors, such as members of the Advanced technology; pulsion, composites, and other technologies Composites Consortium of NASA, the Joint (B) advanced aircraft systems; that enable significant increases in energy Advanced Materials and Structures Center of (C) air traffic management systems; efficiency and reduced life-cycle emissions in Excellence of the Federal Aviation Adminis- (D) fuel efficiency; the aviation system while reducing noise and tration, the Manufacturing USA institutes of (E) electric propulsion technologies; emissions. the Department of Commerce, and national (F) system-wide safety assurance; (C) A series of large-scale X-plane dem- laboratories, as the Administrator considers (G) autonomous aviation; and onstrators that are— appropriate; (H) supersonic and hypersonic aircraft de- (i) developed sequentially or in parallel; (C) provide a structure for managing intel- sign and development. and lectual property generated by the program (2) Any measures the Administrator con- (ii) each based on a set of new configura- based on or consistent with the structure es- siders necessary to support flight testing action concepts or technologies determined by tablished for the Advanced Composites Con- tivities, including— the Administrator to demonstrate— sortium of NASA; (A) continuous refinement and develop- (I) aircraft and propulsion concepts and (D) ensure adequate Federal cost share for ment of free-flight test techniques and meth- technologies and related advances in alter- applicable research; and odologies; native propulsion and energy; and (E) coordinate with advanced manufac- (B) upgrades and improvements to real- (II) flight propulsion concepts and tech- turing and composites initiatives in other time tracking and data acquisition; and nologies. mission directorates of NASA, as the Admin- (C) such other measures relating to aero- (2) ELEMENTS.—For each project under istrator considers appropriate. nautics research support and modernization paragraph (1), the Administrator shall— (e) RESEARCH PARTNERSHIPS.—In carrying as the Administrator considers appropriate (A) include the development of X-planes out the projects under subsection (c) and a to carry out the scientific study of the prob- and all necessary supporting flight test as- program under subsection (d), the Adminis- lems of flight, with a view to practical solu- sets; trator may engage in cooperative research tions for such problems. (B) pursue a robust technology maturation programs with— and flight test validation effort; (1) academia; and SEC. 2651. SENSE OF CONGRESS ON ON-DEMAND (C) improve necessary facilities, flight (2) commercial aviation and aerospace AIR TRANSPORTATION. testing capabilities, and computational tools manufacturers. It is the sense of Congress that— to support the project; SEC. 2649. UNMANNED AIRCRAFT SYSTEMS. (1) greater use of high-speed air transpor- (D) award any primary contracts for de- (a) UNMANNED AIRCRAFT SYSTEMS OPER- tation, small airports, helipads, vertical sign, procurement, and manufacturing to ATION PROGRAM.—The Administrator shall— flight infrastructure, and other aviation-re- United States persons, consistent with inter- (1) research and test capabilities and con- lated infrastructure can alleviate surface national obligations and commitments; cepts, including unmanned aircraft systems transportation congestion and support eco- (E) coordinate research and flight test communications, for integrating unmanned nomic growth within cities; demonstration activities with other Federal aircraft systems into the national airspace (2) with respect to urban air mobility and agencies and the United States aviation system; related concepts, NASA should continue— community, as the Administrator considers (2) leverage the partnership NASA has with (A) to conduct research focused on con- appropriate; and industry focused on the advancement of cepts, technologies, and design tools; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2642 CONGRESSIONAL RECORD — SENATE May 18, 2021 (B) to support the evaluation of advanced tion Authorization Act of 2010 (42 U.S.C. (B) submit to Congress a report on a plan technologies and operational concepts that 18405(c)) is amended to read as follows: for such a demonstration. can be leveraged by— ‘‘(c) ESTABLISHMENT.— (2) DEMONSTRATION.—Not later than De- (i) industry to develop future vehicles and ‘‘(1) IN GENERAL.—The Administrator shall cember 31, 2026, the Administrator shall con- systems; and establish a Commercial Reusable Suborbital duct the flight demonstration described in (ii) the Federal Aviation Administration to Research Program within the Space Tech- paragraph (1). support vehicle safety and operational cer- nology Mission Directorate to fund— SEC. 2657. MARS-FORWARD TECHNOLOGIES. tification; and ‘‘(A) the development of payloads for sci- (a) SENSE OF CONGRESS.—It is the sense of (3) NASA should leverage ongoing efforts entific research, technology development, Congress that the Administrator should pur- to develop advanced technologies to actively and education; sue multiple technical paths for entry, de- support the research needed for on-demand ‘‘(B) flight opportunities for those payloads scent, and landing for Mars, including com- air transportation. to microgravity environments and suborbital petitively selected technology demonstra- SEC. 2652. SENSE OF CONGRESS ON HYPERSONIC altitudes; and tion missions. TECHNOLOGY RESEARCH. ‘‘(C) transition of those payloads to orbital (b) PRIORITIZATION OF LONG-LEAD TECH- It is the sense of Congress that— opportunities. NOLOGIES AND SYSTEMS.—The Administrator (1) hypersonic technology is critical to the ‘‘(2) COMMERCIAL REUSABLE VEHICLE shall prioritize, within the Space Technology development of advanced high-speed aero- FLIGHTS.—In carrying out the Commercial Mission Directorate, research, testing, and space vehicles for both civilian and national Reusable Suborbital Research Program, the development of long-lead technologies and security purposes; Administrator may fund engineering and in- systems for Mars, including technologies and (2) for hypersonic vehicles to be realized, tegration demonstrations, proofs of concept, systems relating to— research is needed to overcome technical and educational experiments for flights of (1) entry, descent, and landing; and challenges, including in propulsion, ad- commercial reusable vehicles. (2) in-space propulsion, including nuclear vanced materials, and flight performance in ‘‘(3) COMMERCIAL SUBORBITAL LAUNCH VEHI- propulsion, cryogenic fluid management, in- a severe environment; CLES.—In carrying out the Commercial Reus- situ large-scale additive manufacturing, and (3) NASA plays a critical role in supporting able Suborbital Research Program, the Ad- electric propulsion (including solar electric fundamental hypersonic research focused on ministrator may not fund the development propulsion leveraging lessons learned from system design, analysis and validation, and of new commercial suborbital launch vehi- the power and propulsion element of the propulsion technologies; cles. lunar outpost) options. (4) NASA research efforts in hypersonic ‘‘(4) WORKING WITH MISSION DIREC- (c) TECHNOLOGY DEMONSTRATION.—The Ad- technology should complement research sup- TORATES.—In carrying out the Commercial ministrator may use low-Earth orbit and cis- ported by the Department of Defense to the Reusable Suborbital Research Program, the lunar missions, including missions to the maximum extent practicable, since contribu- Administrator shall work with the mission lunar surface, to demonstrate technologies tions from both agencies working in partner- directorates of NASA to achieve the re- for Mars. ship with universities and industry are nec- search, technology, and education goals of SEC. 2658. PRIORITIZATION OF LOW-ENRICHED essary to overcome key technical challenges; NASA.’’. URANIUM TECHNOLOGY. (5) previous coordinated research programs (c) CONFORMING AMENDMENT.—Section (a) SENSE OF CONGRESS.—It is the sense of Congress that— between NASA and the Department of De- 907(b) of the National Aeronautics and Space (1) space technology, including nuclear fense enabled important progress on Administration Authorization Act of 2010 (42 propulsion technology and space surface hypersonic technology; U.S.C. 18405(b)) is amended, in the first sen- power reactors, should be developed in a (6) the commercial sector could provide tence, by striking ‘‘Commercial Reusable manner consistent with broader United flight platforms and other capabilities that Suborbital Research Program in’’ and insert- States foreign policy, national defense, and are able to host and support NASA ing ‘‘Commercial Reusable Suborbital Re- space exploration and commercialization pri- hypersonic technology research projects; and search Program established under subsection orities; (7) in carrying out hypersonic technology (c)(1) within’’. (2) highly enriched uranium presents secu- research projects, the Administrator SEC. 2655. SMALL SPACECRAFT TECHNOLOGY rity and nuclear nonproliferation concerns; should— PROGRAM. (3) since 1977, based on the concerns associ- (A) focus research and development efforts (a) SENSE OF CONGRESS.—It is the sense of ated with highly enriched uranium, the on high-speed propulsion systems, reusable Congress that the Small Spacecraft Tech- United States has promoted the use of low- vehicle technologies, high-temperature ma- nology Program is important for conducting enriched uranium over highly enriched ura- terials, and systems analysis; science and technology validation for— nium in nonmilitary contexts, including re- (B) coordinate with the Department of De- (1) short- and long-duration missions in search and commercial applications; fense to prevent duplication of efforts and of low-Earth orbit; (4) as part of United States efforts to limit investments; (2) deep space missions; and international use of highly enriched ura- (C) include partnerships with universities (3) deorbiting capabilities designed specifi- nium, the United States has actively pur- and industry to accomplish research goals; cally for smaller spacecraft. (b) ACCOMMODATION OF CERTAIN PAY- sued— and LOADS.—In carrying out the Small Space- (A) since 1978, the conversion of domestic (D) maximize public-private use of com- craft Technology Program, the Adminis- and foreign research reactors that use highly mercially available platforms for hosting re- trator shall, as the mission risk posture and enriched uranium fuel to low-enriched ura- search and development flight projects. technology development objectives allow, ac- nium fuel and the avoidance of any new re- PART V—SPACE TECHNOLOGY commodate science payloads that further the search reactors that use highly enriched ura- SEC. 2653. SPACE TECHNOLOGY MISSION DIREC- goal of long-term human exploration to the nium fuel; and TORATE. Moon and Mars. (B) since 1994, the elimination of inter- (a) SENSE OF CONGRESS.—It is the sense of SEC. 2656. NUCLEAR PROPULSION TECHNOLOGY. national commerce in highly enriched ura- Congress that an independent Space Tech- (a) SENSE OF CONGRESS.—It is the sense of nium for civilian purposes; and nology Mission Directorate is critical to en- Congress that nuclear propulsion is critical (5) the use of low-enriched uranium in suring continued investments in the develop- to the development of advanced spacecraft place of highly enriched uranium has secu- ment of technologies for missions across the for civilian and national defense purposes. rity, nonproliferation, and economic bene- portfolio of NASA, including science, aero- (b) DEVELOPMENT; STUDIES.—The Adminis- fits, including for the national space pro- nautics, and human exploration. trator shall, in coordination with the Sec- gram. (b) SPACE TECHNOLOGY MISSION DIREC- retary of Energy and the Secretary of De- (b) PRIORITIZATION OF LOW-ENRICHED URA- TORATE.—The Administrator shall maintain fense— NIUM TECHNOLOGY.—The Administrator a Space Technology Mission Directorate con- (1) continue to develop the fuel element de- shall— sistent with section 702 of the National Aero- sign for NASA nuclear propulsion tech- (1) establish, within the Space Technology nautics and Space Administration Transi- nology; Mission Directorate, a program for the re- tion Authorization Act of 2017 (51 U.S.C. (2) undertake the systems feasibility stud- search, testing, and development of in-space 20301 note). ies for such technology; and reactor designs, including a surface power re- SEC. 2654. FLIGHT OPPORTUNITIES PROGRAM. (3) partner with members of commercial actor, that uses low-enriched uranium fuel; (a) SENSE OF CONGRESS.—It is the sense of industry to conduct studies on such tech- and Congress that the Administrator should pro- nology. (2) prioritize the research, demonstration, vide flight opportunities for payloads to (c) NUCLEAR PROPULSION TECHNOLOGY DEM- and deployment of such designs over designs microgravity environments and suborbital ONSTRATION.— using highly enriched uranium fuel. altitudes as required by section 907(c) of the (1) DETERMINATION; REPORT.—Not later (c) REPORT ON NUCLEAR TECHNOLOGY National Aeronautics and Space Administra- than December 31, 2022, the Administrator PRIORITIZATION.—Not later than 120 days tion Authorization Act of 2010 (42 U.S.C. shall— after the date of the enactment of this divi- 18405(c)), as amended by subsection (b). (A) determine the correct approach for sion, the Administrator shall submit to the (b) ESTABLISHMENT.—Section 907(c) of the conducting a flight demonstration of nuclear appropriate committees of Congress a report National Aeronautics and Space Administra- propulsion technology; and that—

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(1) details the actions taken to implement (1) IN GENERAL.—The Administrator may STEM Education Act of 2015 (Public Law 114– subsection (b); and task any member of the research consortium 59; 42 U.S.C. 6621 note). (2) identifies a plan and timeline under established under subsection (c) with con- SEC. 2663. SKILLED TECHNICAL EDUCATION OUT- which such subsection will be implemented. ducting research and development with re- REACH PROGRAM. (d) DEFINITIONS.—In this section: spect to a technology identified under para- (a) ESTABLISHMENT.—The Administrator (1) HIGHLY ENRICHED URANIUM.—The term graph (2) of that subsection. shall establish a program to conduct out- ‘‘highly enriched uranium’’ means uranium (2) STANDARD PROCESS FOR ARRANGE- reach to secondary school students— having an assay of 20 percent or greater of MENTS.— (1) to expose students to careers that re- the uranium-235 isotope. (A) IN GENERAL.—The Administrator shall quire career and technical education; and (2) LOW-ENRICHED URANIUM.—The term develop a standard process by which a con- (2) to encourage students to pursue careers ‘‘low-enriched uranium’’ means uranium sortium member tasked with research and that require career and technical education. having an assay greater than the assay for development under paragraph (1) may enter (b) OUTREACH PLAN.—Not later than 180 natural uranium but less than 20 percent of into a formal arrangement with the Admin- days after the date of the enactment of this the uranium-235 isotope. istrator to carry out such research and de- division, the Administrator shall submit to SEC. 2659. SENSE OF CONGRESS ON NEXT-GEN- velopment, such as an arrangement under the appropriate committees of Congress a re- ERATION COMMUNICATIONS TECH- section 2666 or 2667. port on the outreach program under sub- NOLOGY. (B) REPORT.—Not later than 120 days after section (a) that includes— It is the sense of Congress that— the date of the enactment of this division, (1) an implementation plan; (1) optical communications technologies— the Administrator shall submit to the appro- (2) a description of the resources needed to (A) will be critical to the development of priate committees of Congress a report on carry out the program; and next-generation space-based communica- the one or more types of arrangement the (3) any recommendations on expanding tions networks; Administrator intends to enter into under outreach to secondary school students inter- (B) have the potential to allow NASA to this subsection. ested in skilled technical occupations. expand the volume of data transmissions in PART VI—STEM ENGAGEMENT (c) SYSTEMS OBSERVATION.— low-Earth orbit and deep space; and SEC. 2661. SENSE OF CONGRESS. (1) IN GENERAL.—The Administrator shall (C) may provide more secure and cost-ef- It is the sense of Congress that— develop a program and associated policies to fective solutions than current radio fre- (1) NASA serves as a source of inspiration allow students from accredited educational quency communications systems; to the people of the United States; and institutions to view the manufacturing, as- (2) quantum encryption technology has (2) NASA is uniquely positioned to help in- sembly, and testing of NASA-funded space promising implications for the security of crease student interest in science, tech- and aeronautical systems, as the Adminis- the satellite and terrestrial communications nology, engineering, and math; trator considers appropriate. networks of the United States, including op- (3) engaging students, and providing hands- (2) CONSIDERATIONS.—In developing the tical communications networks, and further on experience at an early age, in science, program and policies under paragraph (1), research and development by NASA with re- technology, engineering, and math are im- the Administrator shall take into consider- spect to quantum encryption is essential to portant aspects of ensuring and promoting ation factors such as workplace safety, mis- maintaining the security of the United United States leadership in innovation; and sion needs, and the protection of sensitive States and United States leadership in space; (4) NASA should strive to leverage its and proprietary technologies. and unique position— SEC. 2664. NATIONAL SPACE GRANT COLLEGE AND (3) in order to provide NASA with more se- (A) to increase kindergarten through grade FELLOWSHIP PROGRAM.— cure and reliable space-based communica- 12 involvement in NASA projects; (a) PURPOSES.—Section 40301 of title 51, tions, the Space Communications and Navi- (B) to enhance higher education in STEM United States Code, is amended— gation program office of NASA should con- fields in the United States; (1) in paragraph (3)— tinue— (C) to support individuals who are under- (A) in subparagraph (B), by striking ‘‘and’’ (A) to support research on and develop- represented in science, technology, engineer- at the end; ment of optical communications; and ing, and math fields, such as women, minori- (B) in subparagraph (C), by adding ‘‘and’’ (B) to develop quantum encryption capa- ties, and individuals in rural areas; and after the semicolon at the end; and bilities, especially as those capabilities (D) to provide flight opportunities for stu- (C) by adding at the end the following: apply to optical communications networks. dent experiments and investigations. ‘‘(D) promote equally the State and re- SEC. 2660. LUNAR SURFACE TECHNOLOGIES. SEC. 2662. STEM EDUCATION ENGAGEMENT AC- gional STEM interests of each space grant (a) SENSE OF CONGRESS.—It is the sense of TIVITIES. consortium;’’; and Congress that the Administrator should— (a) IN GENERAL.—The Administrator shall (2) in paragraph (4), by striking ‘‘made up (1) identify and develop the technologies continue to provide opportunities for formal of university and industry members, in order needed to live on and explore the lunar sur- and informal STEM education engagement to advance’’ and inserting ‘‘comprised of face and prepare for future operations on activities within the Office of NASA STEM members of universities in each State and Mars; Engagement and other NASA directorates, other entities, such as 2-year colleges, indus- (2) convene teams of experts from aca- including— tries, science learning centers, museums, and demia, industry, and government to shape (1) the Established Program to Stimulate government entities, to advance’’. the technology development priorities of the Competitive Research; (b) DEFINITIONS.—Section 40302 of title 51, Administration for lunar surface exploration (2) the Minority University Research and United States Code, is amended— and habitation; and Education Project; and (1) by striking paragraph (3); (3) establish partnerships with researchers, (3) the National Space Grant College and (2) by inserting after paragraph (2) the fol- universities, and the private sector to rap- Fellowship Program. lowing: idly develop and deploy technologies re- (b) LEVERAGING NASA NATIONAL PROGRAMS ‘‘(3) LEAD INSTITUTION.—The term ‘lead in- quired for successful lunar surface explo- TO PROMOTE STEM EDUCATION.—The Admin- stitution’ means an entity in a State that— ration. istrator, in partnership with museums, non- ‘‘(A) was designated by the Administrator (b) DEVELOPMENT AND DEMONSTRATION.— profit organizations, and commercial enti- under section 40306, as in effect on the day The Administrator shall carry out a pro- ties, shall, to the maximum extent prac- before the date of the enactment of the Na- gram, within the Space Technology Mission ticable, leverage human spaceflight mis- tional Aeronautics and Space Administra- Directorate, to conduct technology develop- sions, Deep Space Exploration Systems (in- tion Authorization Act of 2021; or ment and demonstrations to enable human cluding the Space Launch System, Orion, ‘‘(B) is designated by the Administrator and robotic exploration on the lunar surface. and Exploration Ground Systems), and under section 40303(d)(3).’’; (c) RESEARCH CONSORTIUM.—The Adminis- NASA science programs to engage students (3) in paragraph (4), by striking ‘‘space trator shall establish a consortium con- at the kindergarten through grade 12 and grant college, space grant regional consor- sisting of experts from academia, industry, higher education levels to pursue learning tium, institution of higher education,’’ and and government— and career opportunities in STEM fields. inserting ‘‘lead institution, space grant con- (1) to assist the Administrator in devel- (c) BRIEFING.—Not later than 1 year after sortium,’’; oping a cohesive, executable strategy for the the date of the enactment of this division, (4) by striking paragraphs (6), (7), and (8); development and deployment of technologies the Administrator shall brief the appropriate (5) by inserting after paragraph (5) the fol- required for successful lunar surface explo- committees of Congress on— lowing: ration; and (1) the status of the programs described in ‘‘(6) SPACE GRANT CONSORTIUM.—The term (2) to identify specific technologies relat- subsection (a); and ‘space grant consortium’ means a State-wide ing to lunar surface exploration that— (2) the manner by which each NASA STEM group, led by a lead institution, that has es- (A) should be developed to facilitate such education engagement activity is organized tablished partnerships with other academic exploration; or and funded. institutions, industries, science learning (B) require future research and develop- (d) STEM EDUCATION DEFINED.—In this sec- centers, museums, and government entities ment. tion, the term ‘‘STEM education’’ has the to promote a strong educational base in the (d) RESEARCH AWARDS.— meaning given the term in section 2 of the space and aeronautical sciences.’’;

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(6) by redesignating paragraph (9) as para- space grant consortium’ means a space grant ‘‘(3) SPECIAL PROGRAMS.—Of the funds made graph (7); consortium that the Administrator has de- available each fiscal year for the national (7) in paragraph (7)(B), as so redesignated, termined— space grant college and fellowship program, by inserting ‘‘and aeronautics’’ after ‘‘(1) has the capability and objective to the Administrator shall allocate not more ‘‘space’’; carry out not fewer than 3 of the 6 programs than 5 percent to the lead institutions of (8) by striking paragraph (10); and under section 40303(b)(1); space grant consortia established as of the (9) by adding at the end the following: ‘‘(2) will carry out programs that balance date of the enactment of the National Aero- ‘‘(8) STEM.—The term ‘STEM’ means the priorities described in section 40303(b)(2); nautics and Space Administration Author- science, technology, engineering, and mathe- and ization Act of 2021 for grants to carry out in- matics.’’. ‘‘(3) is engaged in research, training, and novative approaches and programs to further (c) PROGRAM OBJECTIVE.—Section 40303 of education relating to space and aeronautics. science and education relating to the mis- title 51, United States Code, is amended— ‘‘(b) GRANTS.— sions of the Administration and STEM dis- (1) by striking subsections (d) and (e); ‘‘(1) IN GENERAL.—The Administrator shall ciplines. (2) by redesignating subsection (c) as sub- award grants to the lead institutions of eligi- ‘‘(d) TERMS AND CONDITIONS.— section (e); and ble space grant consortia to carry out the ‘‘(1) LIMITATIONS.—Amounts made avail- (3) by striking subsection (b) and inserting programs under section 40303(b)(1). able through a grant under this section may the following: ‘‘(2) REQUEST FOR PROPOSALS.— not be applied to— ‘‘(b) PROGRAM OBJECTIVE.— ‘‘(A) IN GENERAL.—On the expiration of ex- ‘‘(A) the purchase of land; ‘‘(1) IN GENERAL.—The Administrator shall isting cooperative agreements between the ‘‘(B) the purchase, construction, preserva- carry out the national space grant college Administration and the space grant con- tion, or repair of a building; or and fellowship program with the objective of sortia, the Administrator shall issue a re- ‘‘(C) the purchase or construction of a providing hands-on research, training, and quest for proposals from space grant con- launch facility or launch vehicle. education programs with measurable out- sortia for the award of grants under this sec- ‘‘(2) LEASES.—Notwithstanding paragraph comes in each State, including programs to tion. (1), land, buildings, launch facilities, and provide— ‘‘(B) APPLICATIONS.—A lead institution of a launch vehicles may be leased under a grant ‘‘(A) internships, fellowships, and scholar- space grant consortium that seeks a grant on written approval by the Administrator. ships; under this section shall submit, on behalf of ‘‘(3) RECORDS.— ‘‘(B) interdisciplinary hands-on mission such space grant consortium, an application ‘‘(A) IN GENERAL.—Any person that re- programs and design projects; to the Administrator at such time, in such ceives or uses the proceeds of a grant under ‘‘(C) student internships with industry or manner, and accompanied by such informa- this section shall keep such records as the university researchers or at centers of the tion as the Administrator may require. Administrator shall by regulation prescribe Administration; ‘‘(3) GRANT AWARDS.—The Administrator as being necessary and appropriate to facili- ‘‘(D) faculty and curriculum development shall award 1 or more 5-year grants, dis- tate effective audit and evaluation, includ- initiatives; bursed in annual installments, to the lead in- ing records that fully disclose the amount ‘‘(E) university-based research initiatives stitution of the eligible space grant consor- and disposition by a recipient of such pro- relating to the Administration and the tium of— ceeds, the total cost of the program or STEM workforce needs of each State; or ‘‘(A) each State; project in connection with which such pro- ‘‘(F) STEM engagement programs for kin- ‘‘(B) the District of Columbia; and ceeds were used, and the amount, if any, of dergarten through grade 12 teachers and stu- ‘‘(C) the Commonwealth of Puerto Rico. such cost that was provided through other dents. ‘‘(4) USE OF FUNDS.—A grant awarded under sources. ‘‘(2) PROGRAM PRIORITIES.—In carrying out this section shall be used by an eligible space ‘‘(B) MAINTENANCE OF RECORDS.—Records the objective described in paragraph (1), the grant consortium to carry out not fewer under subparagraph (A) shall be maintained Administrator shall ensure that each pro- than 3 of the 6 programs under section for not less than 3 years after the date of gram carried out by a space grant consor- 40303(b)(1). completion of such a program or project. tium under the national space grant college ‘‘(c) ALLOCATION OF FUNDING.— ‘‘(C) ACCESS.—For the purpose of audit and and fellowship program balances the fol- ‘‘(1) PROGRAM IMPLEMENTATION.— evaluation, the Administrator and the Comp- lowing priorities: ‘‘(A) IN GENERAL.—To carry out the objec- troller General of the United States shall ‘‘(A) The space and aeronautics research tive described in section 40303(b)(1), of the have access to any books, documents, papers, needs of the Administration, including the funds made available each fiscal year for the and records of receipts relating to a grant mission directorates. national space grant college and fellowship under this section, as determined by the Ad- ‘‘(B) The need to develop a national STEM program, the Administrator shall allocate ministrator or Comptroller General.’’. workforce. not less than 85 percent as follows: (e) PROGRAM STREAMLINING.—Title 51, ‘‘(C) The STEM workforce needs of the ‘‘(i) The 52 eligible space grant consortia United States Code, is amended— State. shall each receive an equal share. (1) by striking sections 40305 through 40308, ‘‘(c) PROGRAM ADMINISTERED THROUGH ‘‘(ii) The territories of Guam and the 40310, and 40311; and SPACE GRANT CONSORTIA.—The Adminis- United States Virgin Islands shall each re- (2) by redesignating section 40309 as section trator shall carry out the national space 40305. ceive funds equal to approximately 1⁄5 of the ONFORMING AMENDMENT.—The table of grant college and fellowship program share for each eligible space grant consortia. (f) C sections at the beginning of chapter 403 of through the space grant consortia. ‘‘(B) MATCHING REQUIREMENT.—Each eligi- ‘‘(d) SUSPENSION; TERMINATION; NEW COM- ble space grant consortium shall match the title 51, United States Code, is amended by PETITION.— funds allocated under subparagraph (A)(i) on striking the items relating to sections 40304 ‘‘(1) SUSPENSION.—The Administrator may, a basis of not less than 1 non-Federal dollar through 40311 and inserting the following: for cause and after an opportunity for hear- for every 1 Federal dollar, except that any ‘‘40304. Grants. ing, suspend a lead institution that was des- program funded under paragraph (3) or any ‘‘40305. Availability of other Federal per- ignated by the Administrator under section program to carry out 1 or more internships sonnel and data.’’. 40306, as in effect on the day before the date or fellowships shall not be subject to that PART VII—WORKFORCE AND INDUSTRIAL of the enactment of the National Aero- matching requirement. BASE nautics and Space Administration Author- ‘‘(2) PROGRAM ADMINISTRATION.— ization Act of 2021. SEC. 2665. APPOINTMENT AND COMPENSATION ‘‘(A) IN GENERAL.—Of the funds made avail- PILOT PROGRAM. ‘‘(2) TERMINATION.—If the issue resulting in able each fiscal year for the national space (a) DEFINITION OF COVERED PROVISIONS.—In a suspension under paragraph (1) is not re- grant college and fellowship program, the this section, the term ‘‘covered provisions’’ solved within a period determined by the Ad- Administrator shall allocate not more than means the provisions of title 5, United States ministrator, the Administrator may termi- 10 percent for the administration of the pro- Code, other than— nate the designation of the entity as a lead gram. (1) section 2301 of that title; institution. ‘‘(B) COSTS COVERED.—The funds allocated (2) section 2302 of that title; ‘‘(3) NEW COMPETITION.—If the Adminis- under subparagraph (A) shall cover all costs (3) chapter 71 of that title; trator terminates the designation of an enti- of the Administration associated with the (4) section 7204 of that title; and ty as a lead institution, the Administrator administration of the national space grant (5) chapter 73 of that title. may initiate a new competition in the appli- college and fellowship program, including— (b) ESTABLISHMENT.—There is established a cable State for the designation of a lead in- ‘‘(i) direct costs of the program, including 3-year pilot program under which, notwith- stitution.’’. costs relating to support services and civil standing section 20113 of title 51, United (d) GRANTS.—Section 40304 of title 51, service salaries and benefits; States Code, the Administrator may, with United States Code, is amended to read as ‘‘(ii) indirect general and administrative respect to not more than 3,000 designated follows: costs of centers and facilities of the Admin- personnel— ‘‘§ 40304. Grants istration; and (1) appoint and manage such designated ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM ‘‘(iii) indirect general and administrative personnel of the Administration, without re- DEFINED.—In this section, the term ‘eligible costs of the Administration headquarters. gard to the covered provisions; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2645 (2) fix the compensation of such designated maximum extent practicable, be carried out ‘‘(A) means an employee of the Adminis- personnel of the Administration, without rein consultation with other NASA-affiliated tration serving under an appointment with- gard to chapter 51 and subchapter III of entities, including federally funded research out time limitation; and chapter 53 of title 5, United States Code, at and development centers, university-affili- ‘‘(B) does not include— a rate that does not exceed the per annum ated research centers, and NASA labora- ‘‘(i) a reemployed annuitant under sub- rate of salary of the Vice President of the tories and test centers. chapter III of chapter 83 or chapter 84 of title United States under section 104 of title 3, (c) POLICIES AND PROCEDURES.—The Admin- 5 or any other retirement system for employ- United States Code. istrator shall develop and implement policies ees of the Federal Government; (c) ADMINISTRATOR RESPONSIBILITIES.—In and procedures to govern, with respect to the ‘‘(ii) an employee having a disability on carrying out the pilot program established establishment of a multi-institution task the basis of which such employee is or would under subsection (b), the Administrator shall order contract, consortium, cooperative be eligible for disability retirement under ensure that the pilot program— agreement, or any other arrangement under any of the retirement systems referred to in (1) uses— subsection (a)(1)— clause (i); or (A) state-of-the-art recruitment tech- (1) the selection of participants; ‘‘(iii) for purposes of eligibility for separa- niques; (2) the award of task orders; tion incentives under this subsection, an em- (B) simplified classification methods with (3) the maximum award size for a task; ployee who is in receipt of a decision notice respect to personnel of the Administration; (4) the appropriate use of competitive of involuntary separation for misconduct or and awards and sole source awards; and unacceptable performance. (C) broad banding; and (5) technical capabilities required. ‘‘(2) AUTHORITY.—The Administrator may (2) offers— (d) ELIGIBLE ENTITY DEFINED.—In this sec- establish a program under which employees (A) competitive compensation; and tion, the term ‘‘eligible entity’’ means— may be eligible for early retirement, offered (B) the opportunity for career mobility. (1) an institution of higher education (as separation incentive pay to separate from service voluntarily, or both. This authority SEC. 2666. ESTABLISHMENT OF MULTI-INSTITU- defined in section 102 of the Higher Edu- TION CONSORTIA. cation Act of 1965 (20 U.S.C. 1002)); may be used to reduce the number of personnel employed or to restructure the work- (a) IN GENERAL.—The Administrator, pur- (2) an operator of a federally funded re- suant to section 2304(c)(3)(B) of title 10, search and development center; force to meet mission objectives without reducing the overall number of personnel. This United States Code, may— (3) a nonprofit or not-for-profit research in- authority is in addition to, and notwith- (1) establish one or more multi-institution stitution; and standing, any other authorities established consortia to facilitate access to essential en- (4) a consortium composed of— by law or regulation for such programs. gineering, research, and development capa- (A) an entity described in paragraph (1), ‘‘(3) EARLY RETIREMENT.—An employee who bilities in support of NASA missions; (2), or (3); and is at least 50 years of age and has completed (2) use such a consortium to fund technical (B) one or more for-profit entities. 20 years of service, or has at least 25 years of analyses and other engineering support to SEC. 2668. REPORT ON INDUSTRIAL BASE FOR service, may, pursuant to regulations pro- address the acquisition, technical, and oper- CIVIL SPACE MISSIONS AND OPER- mulgated under this subsection, apply and be ATIONS. ational needs of NASA centers; and retired from the Administration and receive (a) IN GENERAL.—Not later than 1 year (3) ensure such a consortium— benefits in accordance with subchapter III of after the date of the enactment of this divi- (A) is held accountable for the technical chapter 83 or 84 of title 5 if the employee has sion, and from time to time thereafter, the quality of the work product developed under been employed continuously within the Ad- Administrator shall submit to the appro- this section; and ministration for more than 30 days before (B) convenes disparate groups to facilitate priate committees of Congress a report on the date on which the determination to con- public-private partnerships. the United States industrial base for NASA duct a reduction or restructuring within 1 or (b) POLICIES AND PROCEDURES.—The Admin- civil space missions and operations. more Administration centers is approved. (b) ELEMENTS.—The report required by sub- istrator shall develop and implement policies ‘‘(4) SEPARATION PAY.— and procedures to govern, with respect to the section (a) shall include the following: ‘‘(A) IN GENERAL.—Separation pay shall be establishment of a consortium under sub- (1) A comprehensive description of the cur- paid in a lump sum or in installments and section (a)— rent status of the United States industrial shall be equal to the lesser of— (1) the selection of participants; base for NASA civil space missions and oper- ‘‘(i) an amount equal to the amount the (2) the award of cooperative agreements or ations. employee would be entitled to receive under other contracts; (2) A description and assessment of the section 5595(c) of title 5, if the employee were (3) the appropriate use of competitive weaknesses in the supply chain, skills, man- entitled to payment under such section; or awards and sole source awards; and ufacturing capacity, raw materials, key ‘‘(ii) $40,000. (4) technical capabilities required. components, and other areas of the United ‘‘(B) LIMITATIONS.—Separation pay shall (c) ELIGIBILITY.—The following entities States industrial base for NASA civil space not be a basis for payment, and shall not be shall be eligible to participate in a consor- missions and operations that could adversely included in the computation, of any other tium established under subsection (a): impact such missions and operations if un- type of Government benefit. Separation pay (1) An institution of higher education (as available. shall not be taken into account for the pur- defined in section 102 of the Higher Edu- (3) A description and assessment of various pose of determining the amount of any sever- cation Act of 1965 (20 U.S.C. 1002)). mechanisms to address and mitigate the ance pay to which an individual may be enti- (2) An operator of a federally funded re- weaknesses described pursuant to paragraph tled under section 5595 of title 5, based on search and development center. (2). any other separation. (3) A nonprofit or not-for-profit research (4) A comprehensive list of the collabo- ‘‘(C) INSTALLMENTS.—Separation pay, if institution. rative efforts, including future and proposed paid in installments, shall cease to be paid (4) A consortium composed of— collaborative efforts, between NASA and the upon the recipient’s acceptance of employ- (A) an entity described in paragraph (1), Manufacturing USA institutes of the Depart- ment by the Federal Government, or com- (2), or (3); and ment of Commerce. mencement of work under a personal serv- (B) one or more for-profit entities. (5) An assessment of— ices contract as described in paragraph (5). SEC. 2667. EXPEDITED ACCESS TO TECHNICAL (A) the defense and aerospace manufac- ‘‘(5) LIMITATIONS ON REEMPLOYMENT.— TALENT AND EXPERTISE. turing supply chains relevant to NASA in ‘‘(A) An employee who receives separation (a) IN GENERAL.—The Administrator may— each region of the United States; and pay under such program may not be reem- (1) establish one or more multi-institution (B) the feasibility and benefits of estab- ployed by the Administration for a 12-month task order contracts, consortia, cooperative lishing a supply chain center of excellence in period beginning on the effective date of the agreements, or other arrangements to facili- a State in which NASA does not, as of the employee’s separation, unless this prohibi- tate expedited access to eligible entities in date of the enactment of this division, have tion is waived by the Administrator on a support of NASA missions; and a research center or test facility. case-by-case basis. (2) use such a multi-institution task order (6) Such other matters relating to the ‘‘(B) An employee who receives separation contract, consortium, cooperative agree- United States industrial base for NASA civil pay under this section on the basis of a sepa- ment, or other arrangement to fund tech- space missions and operations as the Admin- ration and accepts employment with the nical analyses and other engineering support istrator considers appropriate. Government of the United States, or who to address the acquisition, technical, and SEC. 2669. SEPARATIONS AND RETIREMENT IN- commences work through a personal services operational needs of NASA centers. CENTIVES. contract with the United States within 5 (b) CONSULTATION WITH OTHER NASA-AF- Section 20113 of title 51, United States years after the date of the separation on FILIATED ENTITIES.—To ensure access to Code, is amended by adding at the end the which payment of the separation pay is technical expertise and reduce costs and du- following: based, shall be required to repay the entire plicative efforts, a multi-institution task ‘‘(o) PROVISIONS RELATED TO SEPARATION amount of the separation pay to the Admin- order contract, consortium, cooperative AND RETIREMENT INCENTIVES.— istration. If the employment is with an Exec- agreement, or any other arrangement estab- ‘‘(1) DEFINITION.—In this subsection, the utive agency (as defined by section 105 of lished under subsection (a)(1) shall, to the term ‘employee’— title 5) other than the Administration, the

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If the employment the medical quality assurance record to out by or for the Administration to assess is within the Administration, the Adminis- carry out an official duty associated with the quality of medical care provided by the trator may waive the repayment if the indi- healthcare; Administration.’’. vidual involved is the only qualified appli- ‘‘(E) healthcare personnel, to the extent (b) TECHNICAL AND CONFORMING AMEND- cant available for the position. If the em- necessary to address a medical emergency MENT.—The table of sections for chapter 313 ployment is with an entity in the legislative affecting the health or safety of an indi- of title 51, United States Code, is amended by branch, the head of the entity or the ap- vidual; and adding at the end the following: pointing official may waive the repayment if ‘‘(F) any committee, panel, or board con- ‘‘31303. Confidentiality of medical quality as- the individual involved possesses unique vened by the Administration to review the surance records.’’. abilities and is the only qualified applicant healthcare-related policies and practices of PART VIII—MISCELLANEOUS PROVISIONS available for the position. If the employment the Administration. SEC. 2671. CONTRACTING AUTHORITY. is with the judicial branch, the Director of ‘‘(2) SUBSEQUENT DISCLOSURE PROHIBITED.— Section 20113 of title 51, United States the Administrative Office of the United An individual or entity to whom a medical Code, is amended by adding at the end the States Courts may waive the repayment if quality assurance record has been disclosed following: the individual involved possesses unique under paragraph (1) may not make a subse- ‘‘(o) CONTRACTING AUTHORITY.—The Admin- abilities and is the only qualified applicant quent disclosure of the medical quality as- istration— available for the position. surance record. ‘‘(1) may enter into an agreement with a EGULATIONS.—Under the program es- ‘‘(c) PERSONALLY IDENTIFIABLE INFORMA- ‘‘(6) R private, commercial, or State government tablished under paragraph (2), early retire- TION.— entity to provide the entity with supplies, ment and separation pay may be offered only ‘‘(1) IN GENERAL.—Except as provided in support, and services related to private, com- pursuant to regulations established by the paragraph (2), the personally identifiable in- mercial, or State government space activi- Administrator, subject to such limitations formation contained in a medical quality as- ties carried out at a property owned or oper- or conditions as the Administrator may re- surance record of a patient or an employee of ated by the Administration; and quire. the Administration, or any other individual ‘‘(2) upon the request of such an entity, ‘‘(7) USE OF EXISTING FUNDS.—The Adminis- associated with the Administration for pur- may include such supplies, support, and serv- trator shall carry out this subsection using poses of a medical quality assurance pro- ices in the requirements of the Administra- amounts otherwise made available to the Ad- gram, shall be removed before the disclosure tion if— ministrator and no additional funds are au- of the medical quality assurance record to an ‘‘(A) the Administrator determines that thorized to be appropriated to carry out this entity other than the Administration. the inclusion of such supplies, support, or subsection.’’. ‘‘(2) EXCEPTION.— Personally identifiable services in such requirements— SEC. 2670. CONFIDENTIALITY OF MEDICAL QUAL- information described in paragraph (1) may be released to an entity other than the Ad- ‘‘(i) is in the best interest of the Federal ITY ASSURANCE RECORDS. Government; (a) IN GENERAL.—Chapter 313 of title 51, ministration if the Administrator makes a ‘‘(ii) does not interfere with the require- United States Code, is amended by adding at determination that the release of such per- ments of the Administration; and the end the following: sonally identifiable information— ‘‘(A) is in the best interests of the Admin- ‘‘(iii) does not compete with the commer- ‘‘§ 31303. Confidentiality of medical quality cial space activities of other such entities; assurance records istration; and ‘‘(B) does not constitute an unwarranted and ‘‘(a) IN GENERAL.—Except as provided in invasion of personal privacy. ‘‘(B) the Administration has full reimburs- subsection (b)(1)— ‘‘(d) EXCLUSION FROM FOIA.—A medical able funding from the entity that requested ‘‘(1) a medical quality assurance record, or quality assurance record may not be made supplies, support, and services prior to mak- any part of a medical quality assurance available to any person under section 552 of ing any obligation for the delivery of such record, may not be subject to discovery or title 5, United States Code (commonly re- supplies, support, or services under an Ad- admitted into evidence in a judicial or ad- ferred to as the ‘Freedom of Information ministration procurement contract or any ministrative proceeding; and Act’), and this section shall be considered a other agreement.’’. ‘‘(2) an individual who reviews or creates a statute described in subsection (b)(3)(B) of SEC. 2672. AUTHORITY FOR TRANSACTION PRO- medical quality assurance record for the Ad- such section 522. TOTYPE PROJECTS AND FOLLOW-ON ministration, or participates in any pro- ‘‘(e) REGULATIONS.—Not later than one PRODUCTION CONTRACTS. ceeding that reviews or creates a medical year after the date of the enactment of this Section 20113 of title 51, United States quality assurance record, may not testify in section, the Administrator shall promulgate Code, as amended by section 2671, is further a judicial or administrative proceeding with regulations to implement this section. amended by adding at the end the following: respect to— ‘‘(f) RULES OF CONSTRUCTION.—Nothing in ‘‘(p) TRANSACTION PROTOTYPE PROJECTS ‘‘(A) the medical quality assurance record; this section shall be construed— AND FOLLOW-ON PRODUCTION CONTRACTS.— or ‘‘(1) to withhold a medical quality assur- ‘‘(1) IN GENERAL.—The Administration may ‘‘(B) any finding, recommendation, evalua- ance record from a committee of the Senate enter into a transaction (other than a con- tion, opinion, or action taken by such indi- or House of Representatives or a joint com- tract, cooperative agreement, or grant) to vidual or in accordance with such proceeding mittee of Congress if the medical quality as- carry out a prototype project that is directly with respect to the medical quality assur- surance record relates to a matter within the relevant to enhancing the mission effective- ance record. jurisdiction of such committee or joint com- ness of the Administration. ‘‘(b) DISCLOSURE OF RECORDS.— mittee; or ‘‘(2) SUBSEQUENT AWARD OF FOLLOW-ON PRO- ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(2) to limit the use of a medical quality DUCTION CONTRACT.—A transaction entered section (a), a medical quality assurance assurance record within the Administration, into under this subsection for a prototype record may be disclosed to— including the use by a contractor or consult- project may provide for the subsequent ‘‘(A) a Federal agency or private entity, if ant of the Administration. award of a follow-on production contract to the medical quality assurance record is nec- ‘‘(g) DEFINITIONS.—In this section: participants in the transaction. essary for the Federal agency or private en- ‘‘(1) MEDICAL QUALITY ASSURANCE RECORD.— ‘‘(3) INCLUSION.—A transaction under this tity to carry out— The term ‘medical quality assurance record’ subsection includes a project awarded to an ‘‘(i) licensing or accreditation functions re- means any proceeding, discussion, record, individual participant and to all individual lating to Administration healthcare facili- finding, recommendation, evaluation, opin- projects awarded to a consortium of United ties; or ion, minutes, report, or other document or States industry and academic institutions. ‘‘(ii) monitoring of Administration action that results from a quality assurance ‘‘(4) DETERMINATION.—The authority of this healthcare facilities required by law; committee, quality assurance program, or section may be exercised for a transaction ‘‘(B) a Federal agency or healthcare pro- quality assurance program activity. for a prototype project and any follow-on vider, if the medical quality assurance ‘‘(2) QUALITY ASSURANCE PROGRAM.— production contract, upon a determination record is required by the Federal agency or ‘‘(A) IN GENERAL.—The term ‘quality assur- by the head of the contracting activity, in healthcare provider to enable Administra- ance program’ means a comprehensive pro- accordance with Administration policies, tion participation in a healthcare program of gram of the Administration— that— the Federal agency or healthcare provider; ‘‘(i) to systematically review and improve ‘‘(A) circumstances justify use of a trans- ‘‘(C) a criminal or civil law enforcement the quality of medical and behavioral health action to provide an innovative business ar- agency, or an instrumentality authorized by services provided by the Administration to rangement that would not be feasible or ap- law to protect the public health or safety, on ensure the safety and security of individuals propriate under a contract; and written request by a qualified representative receiving such health services; and ‘‘(B) the use of the authority of this sec- of such agency or instrumentality submitted ‘‘(ii) to evaluate and improve the effi- tion is essential to promoting the success of to the Administrator that includes a descrip- ciency, effectiveness, and use of staff and re- the prototype project.

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‘‘(5) COMPETITIVE PROCEDURE.— (ii) the ability of NASA to collect such in- (d) GAO PRIORITY RECOMMENDATIONS.—The ‘‘(A) IN GENERAL.—To the maximum extent formation improves the safety of NASA pro- Administrator shall implement, to the max- practicable, the Administrator shall use grams and research relating to aeronautics imum extent practicable, the recommenda- competitive procedures with respect to en- and space; or tions for NASA contained in the report of tering into a transaction to carry out a pro- (B) withholding such information from the Comptroller General of the United States totype project. public disclosure improves the safety of such entitled ‘‘Information Security: Agencies ‘‘(B) EXCEPTION.—Notwithstanding section NASA programs and research. Need to Improve Controls over Selected 2304 of title 10, United States Code, a follow- (2) OTHER FEDERAL AGENCIES.—Notwith- High-Impact Systems’’, issued May 18, 2016, on production contract may be awarded to standing any other provision of law, if the including— the participants in the prototype transaction Administrator provides to the head of an- (1) re-evaluating security control assess- without the use of competitive procedures, other Federal agency safety-related informa- ments; and if— tion with respect to which the Administrator (2) specifying metrics for the continuous ‘‘(i) competitive procedures were used for has made a determination under paragraph monitoring strategy of the Administration. the selection of parties for participation in (1), the head of the Federal agency shall SEC. 2677. LIMITATION ON COOPERATION WITH the prototype transaction; and withhold the information from public disclo- THE PEOPLE’S REPUBLIC OF CHINA. ‘‘(ii) the participants in the transaction sure. (a) IN GENERAL.—Except as provided by successfully completed the prototype project (3) PUBLIC AVAILABILITY.—A determination subsection (b), the Administrator, the Direc- provided for in the transaction. or part of a determination under paragraph tor of the OSTP, and the Chair of the Na- ‘‘(6) COST SHARE.—A transaction to carry (1) shall be made available to the public on tional Space Council, shall not— out a prototype project and a follow-on pro- request, as required under 552 of title 5, (1) develop, design, plan, promulgate, im- duction contract may require that part of United States Code (commonly referred to as plement, or execute a bilateral policy, pro- the total cost of the transaction or contract the ‘‘Freedom of Information Act’’). gram, order, or contract of any kind to par- be paid by the participant or contractor from (4) EXCLUSION FROM FOIA.—This subsection ticipate, collaborate, or coordinate bilat- a source other than the Federal Government. shall be considered a statute described in erally in any manner with— ‘‘(7) PROCUREMENT ETHICS.—A transaction subsection (b)(3)(B) of section 552 of title 5, (A) the Government of the People’s Repub- under this authority shall be considered an United States Code. lic of China; or agency procurement for purposes of chapter SEC. 2674. PHYSICAL SECURITY MODERNIZATION. (B) any company— 21 of title 41, United States Code, with regard Chapter 201 of title 51, United States Code, (i) owned by the Government of the Peo- to procurement ethics.’’. is amended— ple’s Republic of China; or SEC. 2673. PROTECTION OF DATA AND INFORMA- (1) in section 20133(2), by striking ‘‘prop- (ii) incorporated under the laws of the Peo- TION FROM PUBLIC DISCLOSURE. erty’’ and all that follows through ‘‘to the ple’s Republic of China; and (a) CERTAIN TECHNICAL DATA.—Section United States,’’ and inserting ‘‘Administra- (2) host official visitors from the People’s 20131 of title 51, United States Code, is tion personnel or of property owned or leased Republic of China at a facility belonging to amended— by, or under the control of, the United or used by NASA. (1) by redesignating subsection (c) as sub- States’’; and (b) WAIVER.— section (d); (2) in section 20134, in the second sen- (1) IN GENERAL.—The Administrator, the (2) in subsection (a)(3), by striking ‘‘sub- tence— Director, or the Chair may waive the limita- section (b)’’ and inserting ‘‘subsection (b) or (A) by inserting ‘‘Administration personnel tion under subsection (a) with respect to an (c)’’; or any’’ after ‘‘protecting’’; and activity described in that subsection only if (3) by inserting after subsection (b) the fol- (B) by striking ‘‘, at facilities owned or the Administrator, the Director, or the lowing: contracted to the Administration’’. Chair, as applicable, makes a determination ‘‘(c) SPECIAL HANDLING OF CERTAIN TECH- SEC. 2675. LEASE OF NON-EXCESS PROPERTY. that the activity— NICAL DATA.— Section 20145 of title 51, United States (A) does not pose a risk of a transfer of ‘‘(1) IN GENERAL.—The Administrator may Code, is amended— technology, data, or other information with provide appropriate protections against the (1) in subsection (b)(1)(B), by striking ‘‘en- national security or economic security im- public dissemination of certain technical tered into for the purpose of developing re- plications to an entity described in para- data, including exemption from subchapter newable energy production facilities’’; and graph (1) of such subsection; and II of chapter 5 of title 5. (2) in subsection (g), in the first sentence, (B) does not involve knowing interactions ‘‘(2) DEFINITIONS.—In this subsection: by striking ‘‘December 31, 2021’’ and insert- with officials who have been determined by ‘‘(A) CERTAIN TECHNICAL DATA.—The term ing ‘‘December 31, 2025’’. the United States to have direct involvement ‘certain technical data’ means technical SEC. 2676. CYBERSECURITY. with violations of human rights. data that may not be exported lawfully out- (a) IN GENERAL.—Section 20301 of title 51, (2) CERTIFICATION TO CONGRESS.—Not later side the United States without approval, au- United States Code, is amended by adding at than 30 days after the date on which a waiver thorization, or license under— the end the following: is granted under paragraph (1), the Adminis- ‘‘(i) the Export Control Reform Act of 2018 ‘‘(c) CYBERSECURITY.—The Administrator trator, the Director, or the Chair, as applica- (Public Law 115–232; 132 Stat. 2208); or shall update and improve the cybersecurity ble, shall submit to the Committee on Com- ‘‘(ii) the International Security Assistance of NASA space assets and supporting infra- merce, Science, and Transportation and the and Arms Export Control Act of 1976 (Public structure.’’. Committee on Appropriations of the Senate Law 94–329; 90 Stat. 729). (b) SECURITY OPERATIONS CENTER.— and the Committee on Science, Space, and ‘‘(B) TECHNICAL DATA.—The term ‘technical (1) ESTABLISHMENT.—The Administrator Technology and the Committee on Appro- data’ means any blueprint, drawing, photo- shall maintain a Security Operations Center, priations of the House of Representatives a graph, plan, instruction, computer software, to identify and respond to cybersecurity written certification that the activity com- or documentation, or any other technical in- threats to NASA information technology plies with the requirements in subparagraphs formation.’’; systems, including institutional systems and (A) and (B) of that paragraph. (4) in subsection (d), as so redesignated, by mission systems. (c) GAO REVIEW.— inserting ‘‘, including any data,’’ after ‘‘in- (2) INSPECTOR GENERAL RECOMMENDA- (1) IN GENERAL.—The Comptroller General formation’’; and TIONS.—The Administrator shall implement, of the United States shall conduct a review (5) by adding at the end the following: to the maximum extent practicable, each of of NASA contracts that may subject the Ad- ‘‘(e) EXCLUSION FROM FOIA.—This shall be the recommendations contained in the re- ministration to unacceptable transfers of in- considered a statute described in subsection port of the Inspector General of NASA enti- tellectual property or technology to any en- (b)(3)(B) of 552 of title 5 (commonly referred tled ‘‘Audit of NASA’s Security Operations tity— to as the ‘Freedom of Information Act’).’’. Center’’, issued on May 23, 2018. (A) owned or controlled (in whole or in (b) CERTAIN VOLUNTARILY PROVIDED SAFE- (c) CYBER THREAT HUNT.— part) by, or otherwise affiliated with, the TY-RELATED INFORMATION.— (1) IN GENERAL.—The Administrator, in co- Government of the People’s Republic of (1) IN GENERAL.—The Administrator shall ordination with the Secretary of Homeland China; or provide appropriate safeguards against the Security and the heads of other relevant (B) organized under, or otherwise subject public dissemination of safety-related infor- Federal agencies, may implement a cyber to, the laws of the People’s Republic of mation collected as part of a mishap inves- threat hunt capability to proactively search China. tigation carried out under the NASA safety NASA information systems for advanced (2) ELEMENTS.—The review required under reporting system or in conjunction with an cyber threats that otherwise evade existing paragraph (1) shall assess— organizational safety assessment, if the Ad- security tools. (A) whether the Administrator is aware— ministrator makes a written determination, (2) THREAT-HUNTING PROCESS.—In carrying (i) of any NASA contractor that benefits including a justification of the determina- out paragraph (1), the Administrator shall from significant financial assistance from— tion, that— develop and document a threat-hunting proc- (I) the Government of the People’s Repub- (A)(i) disclosure of the information would ess, including the roles and responsibilities lic of China; inhibit individuals from voluntarily proof individuals conducting a cyber threat (II) any entity controlled by the Govern- viding safety-related information; and hunt. ment of the People’s Republic of China; or

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(III) any other governmental entity of the SEC. 2679. SMALL SATELLITE LAUNCH SERVICES (c) REPORT TO CONGRESS.—Not later than 1 People’s Republic of China; and PROGRAM. year after the date of the enactment of this (ii) that the Government of the People’s (a) IN GENERAL.—The Administrator shall division, the Director of the OSTP shall sub- Republic of China, or an entity controlled by continue to procure dedicated launch serv- mit to the appropriate committees of Con- the Government of the People’s Republic of ices, including from small and venture class gress a report on the results of the study China, may be— launch providers, for small satellites, includ- conducted under subsection (b), including (I) leveraging United States companies ing CubeSats, for the purpose of conducting recommendations for funding missions of na- that share ownership with NASA contrac- science and technology missions that further tional need. tors; or the goals of NASA. (b) REQUIREMENTS.—In carrying out the SEC. 2682. DRINKING WATER WELL REPLACE- (II) obtaining intellectual property or program under subsection (a), the Adminis- MENT FOR CHINCOTEAGUE, VIR- technology illicitly or by other unacceptable GINIA. trator shall engage with the academic com- means; and munity to maximize awareness and use of Notwithstanding any other provision of (B) the steps the Administrator is taking dedicated small satellite launch opportuni- law, during the 5-year period beginning on to ensure that— ties. the date of the enactment of this division, (i) NASA contractors are not being lever- (c) RULE OF CONSTRUCTION.—Nothing in the Administrator may enter into 1 or more aged (directly or indirectly) by the Govern- this section shall prevent the Administrator agreements with the town of Chincoteague, ment of the People’s Republic of China or by from continuing to use a secondary payload Virginia, to reimburse the town for costs an entity controlled by the Government of of procured launch services for CubeSats. that are directly associated with— the People’s Republic of China; SEC. 2680. 21ST CENTURY SPACE LAUNCH INFRA- (1) the removal of drinking water wells lo- (ii) the intellectual property and tech- STRUCTURE. cated on property administered by the Ad- nology of NASA contractors are adequately (a) IN GENERAL.—The Administrator shall ministration; and protected; and carry out a program to modernize multi-user (2) the relocation of such wells to property (iii) NASA flight-critical components are launch infrastructure at NASA facilities— under the administrative control, through not sourced from the People’s Republic of (1) to enhance safety; and lease, ownership, or easement, of the town. China through any entity benefitting from (2) to advance Government and commercial SEC. 2683. PASSENGER CARRIER USE. Chinese investments, loans, or other assist- space transportation and exploration. Section 1344(a)(2) of title 31, United States ance. (b) PROJECTS.—Projects funded under the Code, is amended— (3) RECOMMENDATIONS.—The Comptroller program under subsection (a) may include— (1) in subparagraph (A), by striking ‘‘or’’ at General shall provide to the Administrator (1) infrastructure relating to commodities; the end; recommendations for future NASA con- (2) standard interfaces to meet customer (2) in subparagraph (B), by inserting ‘‘or’’ tracting based on the results of the review. needs for multiple payload processing and after the comma at the end; and (4) PLAN.—Not later than 180 days after the launch vehicle processing; (3) by inserting after subparagraph (B) the date on which the Comptroller General com- (3) enhancements to range capacity and following: pletes the review, the Administrator shall— flexibility; and ‘‘(C) necessary for post-flight transpor- (A) develop a plan to implement the rec- (4) such other projects as the Adminis- tation of United States Government astro- ommendations of the Comptroller General; trator considers appropriate to meet the nauts, and other astronauts subject to reim- and goals described in subsection (a). bursable arrangements, returning from space (B) submit the plan to the appropriate (c) REQUIREMENTS.—In carrying out the for the performance of medical research, committees of Congress. program under subsection (a), the Adminis- monitoring, diagnosis, or treatment, or (d) TERMINATION.—The limitation under trator shall— subsection (a) shall cease to have effect on (1) identify and prioritize investments in other official duties, prior to receiving post- the date that is 10 years after the date of the projects that can be used by multiple users flight medical clearance to operate a motor enactment of this division. and launch vehicles, including non-NASA vehicle,’’. SEC. 2678. CONSIDERATION OF ISSUES RELATED users and launch vehicles; and SEC. 2684. USE OF COMMERCIAL NEAR-SPACE TO CONTRACTING WITH ENTITIES (2) limit investments to projects that BALLOONS. RECEIVING ASSISTANCE FROM OR would not otherwise be funded by a NASA (a) SENSE OF CONGRESS.—It is the sense of AFFILIATED WITH THE PEOPLE’S RE- program, such as an institutional or pro- Congress that the use of an array of capabili- PUBLIC OF CHINA. grammatic infrastructure program. ties, including the use of commercially (a) IN GENERAL.—With respect to a matter (d) RULE OF CONSTRUCTION.—Nothing in available near-space balloon assets, is in the in response to a request for proposal or a this section shall preclude a NASA program, best interest of the United States. including the Space Launch System and broad area announcement by the Adminis- (b) USE OF COMMERCIAL NEAR-SPACE BAL- Orion, from using the launch infrastructure trator, or award of any contract, agreement, LOONS.—The Administrator shall use com- modernized under this section. or other transaction with the Administrator, mercially available balloon assets operating a commercial or noncommercial entity shall SEC. 2681. MISSIONS OF NATIONAL NEED. at near-space altitudes, to the maximum ex- certify that it is not majority owned or con- (a) SENSE OF CONGRESS.—It is the Sense of tent practicable, as part of a diverse set of Congress that— trolled (as defined in section 800.208 of title capabilities to effectively and efficiently (1) while certain space missions, such as 31, Code of Federal Regulations), or minority meet the goals of the Administration. owned greater than 25 percent, by— asteroid detection or space debris mitigation (1) any governmental organization of the or removal missions, may not provide the SEC. 2685. PRESIDENT’S SPACE ADVISORY BOARD. People’s Republic of China; or highest-value science, as determined by the (2) any other entity that is— National Academies of Science, Engineering, Section 121 of the National Aeronautics (A) known to be owned or controlled by and Medicine decadal surveys, such missions and Space Administration Authorization any governmental organization of the Peo- provide tremendous value to the United Act, Fiscal Year 1991 (Public Law 101–611; 51 ple’s Republic of China; or States and the world; and U.S.C. 20111 note) is amended— (B) organized under, or otherwise subject (2) the current organizational and funding (1) in the section heading, by striking to, the laws of the People’s Republic of structure of NASA has not prioritized the ‘‘USERS’ ADVISORY GROUP’’ and inserting China. funding of missions of national need. ‘‘PRESIDENT’S SPACE ADVISORY BOARD’’; and (b) FALSE STATEMENTS.— (b) STUDY.— (2) by striking ‘‘Users’ Advisory Group’’ (1) IN GENERAL.—A false statement con- (1) IN GENERAL.—The Director of the OSTP each place it appears and inserting ‘‘Presi- tained in a certification under subsection (a) shall conduct a study on the manner in dent’s Space Advisory Board.’’ constitutes a false or fraudulent claim for which NASA funds missions of national need. SEC. 2686. INITIATIVE ON TECHNOLOGIES FOR purposes of chapter 47 of title 18, United (2) MATTERS TO BE INCLUDED.—The study NOISE AND EMISSIONS REDUC- States Code. conducted under paragraph (1) shall include TIONS. (2) ACTION UNDER FEDERAL ACQUISITION REG- the following: (a) INITIATIVE REQUIRED.—Section 40112 of ULATION.—Any party convicted for making a (A) An identification and assessment of the title 51, United States Code, is amended— false statement with respect to a certifi- types of missions or technology development (1) by redesignating subsections (b) cation under subsection (a) shall be subject programs that constitute missions of na- through (f) as subsections (c) through (g), re- to debarment from contracting with the Ad- tional need. spectively; and ministrator for a period of not less than 1 (B) An assessment of the manner in which (2) by inserting after subsection (a) the fol- year, as determined by the Administrator, in such missions are currently funded and man- lowing new subsection (b): addition to other appropriate action in ac- aged by NASA. ‘‘(b) TECHNOLOGIES FOR NOISE AND EMIS- cordance with the Federal Acquisition Regu- (C) An analysis of the options for funding SIONS REDUCTION.— lation maintained under section 1303(a)(1) of missions of national need, including— ‘‘(1) INITIATIVE REQUIRED.—The Adminis- title 41, United States Code. (i) structural changes required to allow trator shall establish an initiative to build (c) ANNUAL REPORT.—The Administrator NASA to fund such missions; and upon and accelerate previous or ongoing shall submit to the appropriate committees (ii) an assessment of the capacity of other work to develop and demonstrate new tech- of Congress an annual report detailing any Federal agencies to make funds available for nologies, including systems architecture, violation of this section. such missions. components, or integration of systems and

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Authorization to assist United ‘‘(2) APPROACH.—In carrying out the initia- after the date of the enactment of this divi- States companies with global tive, the Administrator shall do the fol- sion, the Administrator shall submit to the supply chain diversification and lowing: appropriate committees of Congress a report management. ‘‘(A) Continue and expand work of the Ad- on the benefits of increased use of commer- ministration on research, development, and Subtitle B—Global Infrastructure and cial spaceports licensed by the Federal Avia- demonstration of electric aircraft concepts, Energy Development tion Administration for NASA civil space and the integration of such concepts. Sec. 3111. Appropriate committees of Con- missions and operations. ‘‘(B) To the extent practicable, work with gress defined. (b) ELEMENTS.—The report required by sub- multiple partners, including small busi- Sec. 3112. Sense of Congress on international section (a) shall include the following: quality infrastructure invest- nesses and new entrants, on research and de- (1) A description and assessment of current velopment activities related to transport ment standards. use of commercial spaceports licensed by the Sec. 3113. United States support for infra- category aircraft. Federal Aviation Administration for NASA ‘‘(C) Provide guidance to the Federal Avia- structure. civil space missions and operations. Sec. 3114. Infrastructure Transaction and tion Administration on technologies devel- (2) A description and assessment of the oped and tested pursuant to the initiative.’’. Assistance Network. benefits of increased use of such spaceports Sec. 3115. Strategy for advanced and reliable (b) REPORTS.—Not later than 180 days after for such missions and operations. the date of the enactment of this division, energy infrastructure. (3) A description and assessment of the Sec. 3116. Report on the People’s Republic of and annually thereafter as a part of the Ad- steps necessary to achieve increased use of China’s investments in foreign ministration’s budget submission, the Ad- such spaceports for such missions and oper- energy development. ministrator shall submit a report to the ap- ations. propriate committee of Congress on the Subtitle C—Digital Technology and SEC. 2690. ACTIVE ORBITAL DEBRIS MITIGATION. progress of the work under the initiative re- Connectivity (a) SENSE OF CONGRESS.—It is the sense of quired by subsection (b) of section 40112 of Sec. 3121. Sense of Congress on digital tech- Congress that— title 51, United States Code (as amended by nology issues. (1) orbital debris, particularly in low-Earth subsection (a) of this section), including an Sec. 3122. Digital connectivity and cyberse- orbit, poses a hazard to NASA missions, par- updated, anticipated timeframe for aircraft curity partnership. ticularly human spaceflight; and entering into service that produce 50 percent Sec. 3123. Strategy for digital investment by (2) progress has been made on the develop- less noise and emissions than the highest United States International De- ment of guidelines for long-term space sus- performing aircraft in service as of Decem- velopment Finance Corpora- tainability through the United Nations Com- ber 31, 2019. tion. mittee on the Peaceful Uses of Outer Space. SEC. 2687. REMEDIATION OF SITES CONTAMI- (b) REQUIREMENTS.—The Administrator Subtitle D—Countering Chinese Communist NATED WITH TRICHLOROETHYLENE. should— Party Malign Influence (a) IDENTIFICATION OF SITES.—Not later (1) ensure the policies and standard prac- Sec. 3131. Short title. than 180 days after the date of the enactment tices of NASA meet or exceed international Sec. 3132. Authorization of appropriations of this division, the Administrator shall guidelines for spaceflight safety; and for countering Chinese Influ- identify sites of the Administration con- (2) support the development of orbital de- ence Fund. taminated with trichloroethylene. bris mitigation technologies through contin- Sec. 3133. Findings on Chinese information (b) REPORT REQUIRED.—Not later than 1 ued research and development of concepts. warfare and malign influence year after the date of the enactment of this (c) REPORT TO CONGRESS.—Not later than operations. division, the Administrator shall submit to 90 days after the date of the enactment of Sec. 3134. Authorization of appropriations the appropriate committees of Congress a re- this division, the Administrator shall submit for the Fulbright-Hays Pro- port that includes— to the appropriate committees of Congress a gram. (1) the recommendations of the Adminis- report on the status of implementing sub- Sec. 3135. Sense of Congress condemning trator for remediating the sites identified section (b). anti-Asian racism and discrimi- under subsection (a) during the 5-year period SEC. 2691. STUDY ON COMMERCIAL COMMUNICA- nation. beginning on the date of the report; and TIONS SERVICES. Sec. 3136. Supporting independent media and (2) an estimate of the financial resources (a) SENSE OF CONGRESS.—It is the sense of countering disinformation. necessary to implement those recommenda- Congress that— Sec. 3137. Global engagement center. tions. (1) enhancing the ability of researchers to Sec. 3138. Review by Committee on Foreign SEC. 2688. REVIEW ON PREFERENCE FOR DOMES- conduct and interact with experiments while Investment in the United TIC SUPPLIERS. in flight would make huge advancements in States of certain foreign gifts (a) SENSE OF CONGRESS.—It is the Sense of the overall profitability of conducting re- to and contracts with institu- Congress that the Administration should, to search on suborbit and low-Earth orbit pay- tions of higher education. the maximum extent practicable and with loads; and Sec. 3139. Post-employment restrictions on due consideration of foreign policy goals and (2) current NASA communications do not Senate-confirmed officials at obligations under Federal law— allow for real-time data collection, observa- the Department of State. (1) use domestic suppliers of goods and tion, or transmission of information. Sec. 3140. Sense of Congress on prioritizing nomination of qualified ambas- services; and (b) STUDY.—The Administrator shall con- (2) ensure compliance with the Federal ac- duct a study on the feasibility, impact, and sadors to ensure proper diplo- quisition regulations, including subcontract cost of using commercial communications matic positioning to counter flow-down provisions. programs services for suborbital flight pro- Chinese influence. Sec. 3141. China Censorship Monitor and Ac- (b) REVIEW.— grams and low-Earth orbit research. tion Group. (1) IN GENERAL.—Not later than 180 days (c) REPORT.—Not later than 18 months after the date of the enactment of this divi- after the date of the enactment of this divi- TITLE II—INVESTING IN ALLIANCES AND sion, the Administrator shall undertake a sion, the Administrator shall submit to Con- PARTNERSHIPS comprehensive review of the domestic sup- gress and make publicly available a report Subtitle A—Strategic and Diplomatic plier preferences of the Administration and that describes the results of the study con- Matters the obligations of the Administration under ducted under subsection (b). Sec. 3201. Appropriate committees of Con- the Federal acquisition regulations to ensure DIVISION C—STRATEGIC COMPETITION gress defined. compliance, particularly with respect to ACT OF 2021 Sec. 3202. United States commitment and Federal acquisition regulations provisions SEC. 3001. SHORT TITLE; TABLE OF CONTENTS. support for allies and partners that apply to foreign-based subcontractors. (a) SHORT TITLE.—This Act may be cited as in the Indo-Pacific. (2) ELEMENTS.—The review under para- the ‘‘Strategic Competition Act of 2021’’. Sec. 3203. Sense of Congress on cooperation graph (1) shall include— (b) TABLE OF CONTENTS.—The table of con- with the Quad. (A) an assessment as to whether the Ad- tents for this division is as follows: Sec. 3204. Establishment of Quad Intra-Par- ministration has provided funding for infra- DIVISION C—STRATEGIC COMPETITION liamentary Working Group. structure of a foreign-owned company or ACT OF 2021 Sec. 3205. Statement of policy on coopera- State-sponsored entity in recent years; and Sec. 3001. Short title; table of contents. tion with ASEAN. (B) a review of any impact such funding Sec. 3002. Findings. Sec. 3206. Sense of Congress on enhancing has had on domestic service providers. Sec. 3003. Definitions. United States–ASEAN coopera- (c) REPORT.—The Administrator shall sub- Sec. 3004. Statement of policy. tion on technology issues with mit to the appropriate committees of Con- Sec. 3005. Sense of Congress. respect to the People’s Republic gress a report on the results of the review. Sec. 3006. Rules of construction. of China.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0655 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2650 CONGRESSIONAL RECORD — SENATE May 18, 2021 Sec. 3207. Report on Chinese influence in Sec. 3229. Prioritizing excess naval vessel Sec. 3272. Increasing the competitiveness of international organizations. transfers for the Indo-Pacific. the United States in Africa. Sec. 3208. Regulatory exchanges with allies Sec. 3230. Statement of policy on maritime Sec. 3273. Digital security cooperation with and partners. freedom of operations in inter- respect to Africa. Sec. 3209. Technology partnership office at national waterways and air- Sec. 3274. Increasing personnel in United the Department of State. space of the Indo-Pacific and on States embassies in sub-Saha- Sec. 3210. United States representation in artificial land features in the ran Africa focused on the Peo- standards-setting bodies. South China Sea. ple’s Republic of China. Sec. 3211. Sense of Congress on centrality of Sec. 3231. Report on capability development Sec. 3275. Support for Young African Lead- sanctions and other restrictions of Indo-Pacific allies and part- ers Initiative. to strategic competition with ners. Sec. 3276. Africa broadcasting networks. China. Sec. 3232. Report on national technology and PART V—MIDDLE EAST AND NORTH AFRICA Sec. 3212. Sense of Congress on negotiations industrial base. Sec. 3281. Strategy to counter Chinese influ- with G7 and G20 countries. Sec. 3233. Report on diplomatic outreach ence in, and access to, the Mid- Sec. 3213. Enhancing the United States-Tai- with respect to Chinese mili- dle East and North Africa. wan partnership. tary installations overseas. Sec. 3282. Sense of Congress on Middle East Sec. 3214. Taiwan Fellowship Program. Sec. 3234. Statement of policy regarding uni- and North Africa engagement. Sec. 3215. Treatment of Taiwan government. versal implementation of PART VI—ARCTIC REGION Sec. 3216. Taiwan symbols of sovereignty. United Nations sanctions on Sec. 3217. Report on origins of the COVID–19 North Korea. Sec. 3285. Arctic diplomacy. pandemic. Sec. 3235. Limitation on assistance to coun- PART VII—OCEANIA Sec. 3218. Enhancement of diplomatic sup- tries hosting Chinese military Sec. 3291. Statement of policy on United port and economic engagement installations. States engagement in Oceania. with Pacific island countries. Sec. 3292. Oceania strategic roadmap. Sec. 3219. Increasing Department of State Subtitle C—Regional Strategies to Counter Sec. 3293. Review of USAID programming in personnel and resources de- the People’s Republic of China Oceania. voted to the Indo-Pacific. Sec. 3241. Statement of policy on coopera- Sec. 3294. Oceania Security Dialogue. Sec. 3219A. Advancing United States leader- tion with allies and partners Sec. 3295. Report on countering illegal, unre- ship in the United Nations Sys- around the world with respect ported, and unregulated fishing tem. to the People’s Republic of in Oceania. Sec. 3219B. Asia Reassurance Initiative Act China. Sec. 3296. Oceania Peace Corps partnerships. of 2018. PART I—WESTERN HEMISPHERE Sec. 3219C. Statement of policy on need for TITLE III—INVESTING IN OUR VALUES Sec. 3245. Sense of Congress regarding reciprocity in the relationship Sec. 3301. Authorization of appropriations United States-Canada relations. between the United States and for promotion of democracy in Sec. 3246. Sense of Congress regarding the the People’s Republic of China. Hong Kong. Government of the People’s Re- Sec. 3219D. Opposition to provision of assist- Sec. 3302. Imposition of sanctions relating to public of China’s arbitrary im- ance to People’s Republic of forced labor in the Xinjiang prisonment of Canadian citi- China by Asian Development Uyghur Autonomous Region. zens. Bank. Sec. 3303. Imposition of sanctions with re- Sec. 3247. Strategy to enhance cooperation Sec. 3219E. Opposition to provision of assist- spect to systematic rape, coer- with Canada. ance to People’s Republic of cive abortion, forced steriliza- Sec. 3248. Strategy to strengthen economic China by International Bank tion, or involuntary contracep- competitiveness, governance, for Reconstruction and Devel- tive implantation in the human rights, and the rule of opment. Xinjiang Uyghur Autonomous law in Latin America and the Sec. 3219F. United States policy on Chinese Region. Caribbean. and Russian government efforts Sec. 3304. Report on corrupt activities of Sec. 3249. Engagement in international orga- to undermine the United Na- senior officials of Government nizations and the defense sector tions Security Council action of the People’s Republic of in Latin America and the Car- on human rights. China. Sec. 3219G. Deterring PRC use of force ibbean. Sec. 3305. Removal of members of the United against Taiwan. Sec. 3250. Addressing China’s sovereign lend- Nations Human Rights Council Sec. 3219H. Strategy to respond to sharp ing practices in Latin America that commit human rights power operations targeting Tai- and the Caribbean. abuses. wan. Sec. 3251. Defense cooperation in Latin Sec. 3306. Policy with respect to Tibet. Sec. 3219I. Study and report on bilateral ef- America and the Caribbean. Sec. 3307. United States policy and inter- forts to address Chinese Sec. 3252. Engagement with civil society in national engagement on the fentanyl trafficking. Latin America and the Carib- succession or reincarnation of Sec. 3219J. Investment, trade, and develop- bean regarding accountability, the Dalai Lama and religious ment in Africa and Latin Amer- human rights, and the risks of freedom of Tibetan Buddhists. ica and the Caribbean. pervasive surveillance tech- Sec. 3308. Sense of Congress on treatment of Sec. 3219K. Facilitation of increased equity nologies. Uyghurs and other ethnic mi- investments under the Better PART II—TRANSATLANTIC ALLIANCE norities in the Xinjiang Uyghur Utilization of Investments Sec. 3255. Sense of Congress on the Trans- Autonomous Region. Leading to Development Act of atlantic alliance. Sec. 3309. Development and deployment of 2018. Sec. 3256. Strategy to enhance transatlantic internet freedom and Great Subtitle B—International Security Matters cooperation with respect to the Firewall circumvention tools for the people of Hong Kong. Sec. 3221. Definitions. People’s Republic of China. Sec. 3310. Enhancing transparency on inter- Sec. 3222. Findings. Sec. 3257. Enhancing Transatlantic coopera- national agreements and non- Sec. 3223. Sense of Congress regarding bol- tion on promoting private sec- binding instruments. stering security partnerships in tor finance. Sec. 3311. Authorization of appropriations the Indo-Pacific. Sec. 3258. Report and briefing on coopera- for protecting human rights in Sec. 3224. Statement of policy. tion between China and Iran Sec. 3225. Foreign military financing in the and between China and Russia. the People’s Republic of China. Sec. 3312. Diplomatic boycott of the XXIV Indo-Pacific and authorization Sec. 3259. Promoting responsible develop- Olympic Winter Games and the of appropriations for Southeast ment alternatives to the belt XIII Paralympic Winter Games. Asia maritime security pro- and road initiative. Sec. 3313. Repeal of sunset applicable to au- grams and diplomatic outreach PART III—SOUTH AND CENTRAL ASIA thority under Global activities. Sec. 3261. Sense of Congress on South and Magnitsky Human Rights Ac- Sec. 3226. Foreign military financing com- Central Asia. countability Act. pact pilot program in the Indo- Sec. 3262. Strategy to enhance cooperation TITLE IV—INVESTING IN OUR ECONOMIC Pacific. with South and Central Asia. Sec. 3227. Additional funding for inter- STATECRAFT national military education PART IV—AFRICA Sec. 3401. Findings and sense of Congress re- and training in the Indo-Pa- Sec. 3271. Assessment of political, economic, garding the PRC’s industrial cific. and security activity of the policy. Sec. 3228. Prioritizing excess defense article People’s Republic of China in Sec. 3402. Intellectual property violators transfers for the Indo-Pacific. Africa. list.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0655 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2651 Sec. 3403. Government of the People’s Re- tegic decision of the Chinese Communist major world center for science and innova- public of China subsidies list. Party (CCP), the United States has been tion’’. The PRC has invested the equivalent Sec. 3404. Countering foreign corrupt prac- compelled to reexamine and revise its strat- of billions of dollars into education and re- tices. egy towards the PRC. search and development, and has established Sec. 3405. Debt relief for countries eligible (5) The General Secretary of the CCP and joint scientific research centers and science for assistance from the Inter- the President of the PRC, Xi Jinping, has universities. national Development Associa- elevated the ‘‘Great Rejuvenation of the Chi- (12) The PRC’s drive to become a ‘‘manu- tion. nese Nation’’ as central to the domestic and facturing and technological superpower’’ and Sec. 3406. Report on manner and extent to foreign policy of the PRC. His program de- to promote ‘‘innovation with Chinese charac- which the Government of the mands— teristics’’ is coming at the expense of human People’s Republic of China ex- (A) strong, centralized CCP leadership; rights and longstanding international rules ploits Hong Kong to circumvent (B) concentration of military power; and norms with respect to economic com- United States laws and protec- (C) a strong role for the CCP in the state petition, and presents a challenge to United tions. and the economy; States national security and the security of Sec. 3407. Annual review on the presence of (D) an aggressive foreign policy seeking allies and like-minded countries. In par- Chinese companies in United control over broadly asserted territorial ticular, the PRC advances its illiberal polit- States capital markets. claims; and ical and social policies through mass surveil- Sec. 3408. Economic defense response teams. (E) the denial of any values and individual lance, social credit systems, and a signifi- TITLE V—ENSURING STRATEGIC rights that are deemed to threaten the CCP. cant role of the state in internet governance. SECURITY (6) The PRC views its Leninist model of Through these means, the PRC increases di- Sec. 3501. Findings on strategic security and governance, ‘‘socialism with Chinese charac- rect and indirect government control over teristics’’, as superior to, and at odds with, its citizens’ everyday lives. Its national arms control. Sec. 3502. Cooperation on a strategic nuclear the constitutional models of the United strategy of ‘‘Military-Civil Fusion’’ man- dialogue. States and other democracies. This approach dates that civil and commercial research, Sec. 3503. Report on United States efforts to to governance is lauded by the CCP as essen- which increasingly drives global innovation, engage the People’s Republic of tial to securing the PRC’s status as a global is leveraged to develop new military capa- China on nuclear issues and leader, and to shaping the future of the bilities. world. In a 2013 speech, President Xi said, (13) The PRC and the CCP are committing ballistic missile issues. Sec. 3504. Countering the People’s Republic ‘‘We firmly believe that as socialism with crimes against humanity and are engaged in of China’s proliferation of bal- Chinese characteristics develops further . . . an ongoing genocide, in violation of the Con- it is . . . inevitable that the superiority of vention on the Prevention and Punishment listic missiles and nuclear tech- our socialist system will be increasingly ap- of the Crime of Genocide, done at Paris De- nology to the Middle East. parent . . . [and] our country’s road of devel- cember 9, 1948, against the predominantly SEC. 3002. FINDINGS. opment will have increasingly greater influ- Muslim Uyghurs and other ethnic and reli- Congress makes the following findings: ence on the world.’’. gious minority groups in the Xinjiang (1) The People’s Republic of China (PRC) is (7) The PRC’s objectives are to first estab- Uyghur Autonomous Region, including leveraging its political, diplomatic, eco- lish regional hegemony over the Indo-Pacific through campaigns of imprisonment, tor- nomic, military, technological, and ideolog- and then to use that dominant position to ture, rape, and coercive birth prevention ical power to become a strategic, near-peer, propel the PRC to become the ‘‘leading world policies. global competitor of the United States. The power,’’ shaping an international order that (14) The PRC is using legal and illegal policies increasingly pursued by the PRC in is conducive to the CCP’s interests. Achiev- means to achieve its objective of becoming a these domains are contrary to the interests ing these objectives require turning the PRC manufacturing and technological super- and values of the United States, its partners, into a wealthy nation under strict CCP rule power. The PRC uses state-directed indus- and much of the rest of the world. and using a strong military and advanced trial policies in anticompetitive ways to en- (2) The current policies being pursued by technological capability to pursue the PRC’s sure the dominance of PRC companies. The the PRC— objectives, regardless of other countries’ in- CCP engages in and encourages actions that (A) threaten the future character of the terests. actively undermine a free and open inter- international order and are shaping the (8) The PRC is reshaping the current international market, such as intellectual prop- rules, norms, and institutions that govern national order, which is built upon the rule erty theft, forced technology transfers, regu- relations among states; of law and free and open ideals and prin- latory and financial subsidies, and manda- (B) will put at risk the ability of the ciples, by conducting global information and tory CCP access to proprietary data as part United States to secure its national inter- influence operations, seeking to redefine of business and commercial agreements be- ests; and international laws and norms to align with tween Chinese and foreign companies. (C) will put at risk the future peace, pros- the objectives of the CCP, rejecting the le- (15) The policies referred to in paragraph perity, and freedom of the international gitimacy of internationally recognized (14) are designed to freeze United States and community in the coming decades. human rights, and seeking to co-opt the other foreign firms out of the PRC market, (3) After normalizing diplomatic relations leadership and agenda of multinational orga- while eroding competition in other impor- with the PRC in 1979, the United States ac- nizations for the benefit of the PRC and tant markets. The heavy subsidization of tively worked to advance the PRC’s eco- other authoritarian regimes at the expense Chinese companies includes potential viola- nomic and social development to ensure that of the interests of the United States and the tion of its World Trade Organization com- the PRC participated in, and benefitted international community. In December 2018, mitments. In May 2018, President Xi said from, the free and open international order. President Xi suggested that the CCP views that the PRC aims to keep the ‘‘initiatives The United States pursued these goals and its ‘‘historic mission’’ as not only to govern of innovation and development security . . . contributed to the welfare of the Chinese China, but also to profoundly influence glob- in [China’s] own hands’’. people by— al governance to benefit the CCP. (16) The PRC is advancing its global objec- (A) increasing the PRC’s trade relations (9) The PRC is encouraging other countries tives through a variety of avenues, including and access to global capital markets; to follow its model of ‘‘socialism with Chi- its signature initiative, the Belt and Road (B) promoting the PRC’s accession to the nese characteristics’’. During the 19th Party Initiative (BRI), which is enshrined in the World Trade Organization; Congress in 2017, President Xi said that the Chinese Constitution and includes the Dig- (C) providing development finance and PRC could serve as a model of development ital Silk Road and Health Silk Road. The technical assistance; for other countries by utilizing ‘‘Chinese wis- PRC describes BRI as a straightforward and (D) promoting research collaboration; dom’’ and a ‘‘Chinese approach to solving wholly beneficial plan for all countries. How- (E) educating the PRC’s top students; problems’’. ever, it eventually seeks to advance an eco- (F) permitting transfers of cutting-edge (10) The PRC is promoting its governance nomic system with the PRC at its center, technologies and scientific knowledge; and model and attempting to weaken other mod- making it the most concrete geographical (G) providing intelligence and military as- els of governance by— representation of the PRC’s global ambi- sistance. (A) undermining democratic institutions; tions. BRI increases the economic influence (4) It is now clear that the PRC has chosen (B) subverting financial institutions; of state-owned Chinese firms in global mar- to pursue state-led, mercantilist economic (C) coercing businesses to accommodate kets, enhances the PRC’s political leverage policies, an increasingly authoritarian gov- the policies of the PRC; and with government leaders around the world, ernance model at home through increased re- (D) using disinformation to disguise the and provides greater access to strategic strictions on personal freedoms, and an ag- nature of the actions described in subpara- nodes such as ports and railways. Through gressive and assertive foreign policy. These graphs (A) through (C). BRI, the PRC seeks political deference policies frequently and deliberately under- (11) The PRC is close to its goal of becom- through economic dependence. mine United States interests and are con- ing the global leader in science and tech- (17) The PRC is executing a plan to estab- trary to core United States values and the nology. In May 2018, President Xi said that lish regional hegemony over the Indo-Pacific values of other nations, both in the Indo-Pa- for the PRC to reach ‘‘prosperity and reju- and displace the United States from the re- cific and beyond. In response to this stra- venation’’, it needs to ‘‘endeavor to be a gion. As a Pacific power, the United States

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2652 CONGRESSIONAL RECORD — SENATE May 18, 2021 has built and supported enduring alliances (24) The global COVID–19 pandemic has in- 37 countries and the surrounding waterways and economic partnerships that secure peace tensified and accelerated these trends in the that are under the area of responsibility of and prosperity and promote the rule of law PRC’s behavior and therefore increased the the U.S. Indo-Pacific Command. These coun- and political pluralism in a free and open need for United States global leadership and tries are: Australia, Bangladesh, Bhutan, Indo-Pacific. In contrast, the PRC uses eco- a competitive posture. The PRC has capital- Brunei, Burma, Cambodia, China, Fiji, India, nomic and military coercion in the region to ized on the world’s focus on the COVID–19 Indonesia, Japan, Kiribati, Laos, Malaysia, secure its own interests. pandemic by— Maldives, Marshall Islands, Micronesia, Mon- (18) The PRC’s military strategy seeks to (A) moving rapidly to undermine Hong golia, Nauru, Nepal, New Zealand, North keep the United States military from oper- Kong’s autonomy, including imposing a so- Korea, Palau, Papua New Guinea, Phil- ating in the Western Pacific and to erode called ‘‘national security law’’ on Hong ippines, Republic of Korea, Samoa, Singa- United States security guarantees. Kong; pore, Solomon Islands, Sri Lanka, Taiwan, (19) The PRC is aggressively pursuing ex- (B) aggressively imposing its will in the Thailand, Timor-Leste, Tonga, Tuvalu, clusive control of critical land routes, sea East and South China Seas; Vanuatu, and Vietnam. lanes, and air space in the Indo-Pacific in the (C) contributing to increased tensions with (4) PEOPLE’S LIBERATION ARMY; PLA.—The hopes of eventually exercising greater influ- India; and terms ‘‘People’s Liberation Army’’ and ence beyond the region. This includes lanes (D) engaging in a widespread and govern- ‘‘PLA’’ mean the armed forces of the Peo- crucial to commercial activity, energy ex- ment-directed disinformation campaign to ple’s Republic of China. ploration, transport, and the exercise of se- obscure the PRC government’s efforts to (5) PRC; CHINA.—The terms ‘‘PRC’’ and curity operations in areas permitted under cover up the seriousness of COVID–19, sow ‘‘China’’ mean the People’s Republic of international law. confusion about the origination of the out- China. (20) The PRC seeks so-called ‘‘reunifica- break, and discredit the United States, its tion’’ with Taiwan through whatever means allies, and global health efforts. SEC. 3004. STATEMENT OF POLICY. may ultimately be required. The CCP’s in- (25) The CCP’s disinformation campaign re- (a) OBJECTIVES.—It is the policy of the sistence that so-called ‘‘reunification’’ is ferred to in paragraph (24)(D) has included— United States, in pursuing strategic com- Taiwan’s only option makes this goal inher- (A) concerted efforts, in the early days of petition with the PRC, to pursue the fol- ently coercive. In January 2019, President Xi the pandemic, to downplay the nature and lowing objectives: stated that the PRC ‘‘make[s] no promise to scope of the outbreak in Wuhan in the PRC, renounce the use of force and reserve[s] the (1) The United States global leadership role as well as cases of person-to-person trans- is sustained and its political system and option of taking all necessary means’’. Tai- mission; wan’s embodiment of democratic values and major foundations of national power are pos- (B) claims that the virus originated in tured for long-term political, economic, economic liberalism challenges President United States biological defense research at Xi’s goal of achieving national rejuvenation. technological, and military competition Fort Detrick, Maryland; with the PRC. The PRC plans to exploit Taiwan’s dominant (C) Chinese state media reports insinuating strategic position in the First Island Chain (2) The balance of power in the Indo-Pa- a possible link between the virus and other cific remains favorable to the United States and to project power into the Second Island United States biological facilities; and Chain and beyond. and its allies. The United States and its al- (D) efforts to block access to qualified (21) In the South China Sea, the PRC has lies maintain unfettered access to the re- international infectious disease experts who executed an illegal island-building campaign gion, including through freedom of naviga- might contradict the CCP’s narrative. that threatens freedom of navigation and the tion and the free flow of commerce, con- (26) In response to the PRC’s strategy and free-flow of commerce, damages the environ- sistent with international law and practice, policies, the United States must adopt a pol- ment, bolsters PLA power projection capa- and the PRC neither dominates the region icy of strategic competition with the PRC to bilities, and coerces and intimidates other nor coerces its neighbors. protect and promote our vital interests and regional claimants in an effort to advance its (3) The allies and partners of the United values. unlawful claims and control the waters States— (27) The United States’ policy of strategic around neighboring countries. Despite Presi- (A) maintain confidence in United States dent Xi’s September 2015 speech, in which he competition with respect to the PRC is part leadership and its commitment to the Indo- said the PRC did not intend to militarize the of a broader strategic approach to the Indo- Pacific region; South China Sea, during the 2017 19th Party Pacific and the world which centers around (B) can withstand and combat subversion Congress, President Xi announced that ‘‘con- cooperation with United States allies and and undue influence by the PRC; and struction on islands and reefs in the South partners to advance shared values and inter- (C) align themselves with the United China Sea have seen steady progress’’. ests and to preserve and enhance a free, States in setting global rules, norms, and (22) The PRC is rapidly modernizing the open, democratic, inclusive, rules-based, sta- standards that benefit the international PLA to attain a level of capacity and capable, and diverse region. community. bility superior to the United States in terms (28) The Asia Reassurance Initiative Act of (4) The combined weight of the United of equipment and conduct of modern mili- 2018 (Public Law 115–409) contributed to a States and its allies and partners is strong tary operations by shifting its military doc- comprehensive framework for promoting enough to demonstrate to the PRC that the trine from having a force ‘‘adequate [for] United State security interests, economic in- risks of attempts to dominate other states China’s defensive needs’’ to having a force terests, and values in the Indo-Pacific re- outweigh the potential benefits. ‘‘commensurate with China’s international gion, investing $7,500,000,000 over 5 years— (5) The United States leads the free and status’’. Ultimately, this transformation (A) to support greater security and defense open international order, which is comprised could enable China to impose its will in the cooperation between the United States and of resilient states and institutions that up- Indo-Pacific region through the threat of allies and partners in the Indo-Pacific re- hold and defend principles, such as sov- military force. In 2017, President Xi estab- gion; ereignty, rule of law, individual freedom, and lished the following developmental bench- (B) to advance democracy and the protec- human rights. The international order is marks for the advancement of the PLA: tion and promotion of human rights in the strengthened to defeat attempts at desta- (A) A mechanized force with increased Indo-Pacific region; bilization by illiberal and authoritarian ac- informatized and strategic capabilities by (C) to enhance cybersecurity cooperation tors. 2020. between the United States and partners in (6) The key rules, norms, and standards of (B) The complete modernization of China’s the Indo-Pacific; international engagement in the 21st cen- national defense by 2035. (D) to deepen people-to-people engagement tury are maintained, including— (C) The full transformation of the PLA through programs such as the Young South- (A) the protection of human rights, com- into a world-class force by 2050. east Asian Leaders Initiative and the mercial engagement and investment, and (23) The PRC’s strategy and supporting ASEAN Youth Volunteers program; and technology; and policies described in this section undermine (E) to enhance energy cooperation and en- (B) that such rules, norms, and standards United States interests, such as— ergy security in the Indo-Pacific region. are in alignment with the values and inter- (A) upholding a free and open international SEC. 3003. DEFINITIONS. ests of the United States, its allies and part- order; In this division: ners, and the free world. (B) maintaining the integrity of inter- (1) APPROPRIATE CONGRESSIONAL COMMIT- (7) The United States assures that the CCP national institutions with liberal norms and TEES.—The term ‘‘appropriate congressional does not— values; committees’’ means— (A) subvert open and democratic societies; (C) preserving a favorable balance of power (A) the Committee on Foreign Relations of (B) distort global markets; in the Indo-Pacific; the Senate; and (C) manipulate the international trade sys- (D) ensuring the defense of its allies; (B) the Committee on Foreign Affairs of tem; (E) preserving open sea and air lanes; the House of Representatives. (D) coerce other nations via economic and (F) fostering the free flow of commerce (2) CCP.—The term ‘‘CCP’’ means the Chi- military means; or through open and transparent markets; and nese Communist Party. (E) use its technological advantages to un- (G) promoting individual freedom and (3) INDO-PACIFIC REGION.—The terms ‘‘Indo- dermine individual freedoms or other states’ human rights. Pacific’’ and ‘‘Indo-Pacific region’’ mean the national security interests.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2653 (8) The United States deters military con- (B) modernizing export controls and in- (i) to mitigate the PLA’s ability to project frontation with the PRC and both nations vestment screening regimes and associated power and establish contested zones within work to reduce the risk of conflict. policies and regulations; the First and Second Island Chains; (b) POLICY.—It is the policy of the United (C) enhancing United States leadership in (ii) to diminish the ability of the PLA to States, in pursuit of the objectives set forth technical standards-setting bodies and ave- coerce its neighbors; in subsection (a)— nues for developing norms regarding the use (iii) to maintain open sea and air lanes, (1) to strengthen the United States domes- of emerging critical technologies; particularly in the Taiwan Strait, the East tic foundation by reinvesting in market- (D) reducing United States barriers and in- China Sea, and the South China Sea; and based economic growth, education, scientific creasing incentives for collaboration with al- (iv) to project power from the United and technological innovation, democratic in- lies and partners on the research and co-de- States and its allies and partners to dem- stitutions, and other areas that improve the velopment of critical technologies; onstrate the ability to conduct contested lo- ability of the United States to pursue its (E) collaborating with allies and partners gistics; vital economic, foreign policy, and national to protect critical technologies by— (20) to deter the PRC from— security interests; (i) crafting multilateral export control (A) coercing Indo-Pacific nations, includ- (2) to pursue a strategy of strategic com- measures; ing by developing more combat-credible petition with the PRC in the political, diplo- (ii) building capacity for defense tech- forces that are integrated with allies and matic, economic, development, military, in- nology security; partners in contact, blunt, and surge layers formational, and technological realms that (iii) safeguarding chokepoints in supply and able to defeat any PRC theory of victory maximizes the United States’ strengths and chains; and in the First or Second Island Chains of the increases the costs for the PRC of harming (iv) ensuring diversification; and Western Pacific and beyond, as called for in United States interests and the values of (F) designing major defense capabilities for the 2018 National Defense Strategy; United States allies and partners; export to allies and partners; (B) using grey-zone tactics below the level (3) to lead a free, open, and secure inter- (11) to enable the people of the United of armed conflict; or national system characterized by freedom States, including the private sector, civil so- (C) initiating armed conflict; from coercion, rule of law, open markets and ciety, universities and other academic insti- (21) to strengthen United States-PRC mili- the free flow of commerce, and a shared com- tutions, State and local legislators, and tary-to-military communication and im- mitment to security and peaceful resolution other relevant actors to identify and remain prove de-escalation procedures to de-conflict of disputes, human rights, and good and vigilant to the risks posed by undue influ- operations and reduce the risk of unwanted transparent governance; ence of the CCP in the United States; conflict, including through high-level visits (4) to strengthen and deepen United States (12) to implement measures to mitigate the and recurrent exchanges between civilian alliances and partnerships, prioritizing the risks referred to in paragraph (11), while still and military officials and other measures, in Indo-Pacific and Europe, by pursuing greater preserving opportunities for economic en- alignment with United States interests; and bilateral and multilateral cooperative initia- gagement, academic research, and coopera- (22) to cooperate with the PRC if interests tives that advance shared interests and val- tion in other areas where the United States align, including through bilateral or multi- ues and bolster partner countries’ confidence and the PRC share interests; lateral means and at the United Nations, as that the United States is and will remain a (13) to collaborate with advanced democ- appropriate. strong, committed, and constant partner; racies and other willing partners to promote (5) to encourage and collaborate with ideals and principles that— SEC. 3005. SENSE OF CONGRESS. United States allies and partners in boosting (A) advance a free and open international It is the sense of Congress that the execu- their own capabilities and resiliency to pur- order; sue, defend, and protect shared interests and (B) strengthen democratic institutions; tion of the policy described in section 3004(b) values, free from coercion and external pres- (C) protect and promote human rights; and requires the following actions: sure; (D) uphold a free press and fact-based re- (1) Strategic competition with the PRC (6) to pursue fair, reciprocal treatment and porting; will require the United States— healthy competition in United States-China (14) to develop comprehensive and holistic (A) to marshal sustained political will to economic relations by— strategies and policies to counter PRC protect its vital interests, promote its val- (A) advancing policies that harden the disinformation campaigns; ues, and advance its economic and national United States economy against unfair and il- (15) to demonstrate effective leadership at security objectives for decades to come; and legal commercial or trading practices and the United Nations, its associated agencies, (B) to achieve this sustained political will, the coercion of United States businesses; and and other multilateral organizations and de- persuade the American people and United (B) tightening United States laws and reg- fend the integrity of these organizations States allies and partners of— ulations as necessary to prevent the PRC’s against co-optation by illiberal and authori- (i) the challenges posed by the PRC; and attempts to harm United States economic tarian nations; (ii) the need for long-term competition to competitiveness; (16) to prioritize the defense of funda- defend shared interests and values. (7) to demonstrate the value of private sec- mental freedoms and human rights in the (2) The United States must coordinate tor-led growth in emerging markets around United States relationship with the PRC; closely with allies and partners to compete the world, including through the use of (17) to cooperate with allies, partners, and effectively with the PRC, including to en- United States Government tools that— multilateral organizations, leveraging their courage allies and partners to assume, as ap- (A) support greater private sector invest- significant and growing capabilities to build propriate, greater roles in balancing and ment and advance capacity-building initia- a network of like-minded states that sus- checking the aggressive and assertive behav- tives that are grounded in the rule of law; tains and strengthens a free and open order ior of the PRC. (B) promote open markets; and addresses regional and global challenges (3) The President of the United States (C) establish clear policy and regulatory to hold the Government of the PRC account- must lead and direct the entire executive frameworks; able for— branch to treat the People’s Republic of (D) improve the management of key eco- (A) violations and abuses of human rights; China as the greatest geopolitical and nomic sectors; (B) restrictions on religious practices; and geoeconomic challenge for United States for- (E) combat corruption; and (C) undermining and abrogating treaties, eign policy, increasing the prioritization of (F) foster and support greater collabora- other international agreements, and other strategic competition with the PRC and tion with and among partner countries and international norms related to human broader United States interests in the Indo- the United States private sector to develop rights; Pacific region in the conduct of foreign pol- secure and sustainable infrastructure; (18) to expose the PRC’s use of corruption, icy and assuring the allocation of appro- (8) to lead in the advancement of inter- repression, coercion, and other malign be- priate resources adequate to the challenge. national rules and norms that foster free and havior to attain unfair economic advantages (4) The head of every Federal department reciprocal trade and open and integrated and to pressure other nations to defer to its and agency should designate a senior official markets; political and strategic objectives; at the level of Under Secretary or above to (9) to conduct vigorous commercial diplo- (19) to maintain United States access to coordinate the department’s or agency’s macy in support of United States companies the Western Pacific, including by— policies with respect to strategic competi- and businesses in partner countries that seek (A) increasing United States forward-de- tion with the PRC. fair competition; ployed forces in the Indo-Pacific region; (5) The ability of the United States to exe- (10) to ensure that the United States leads (B) modernizing the United States military cute a strategy of strategic competition with in the innovation of critical and emerging through investments in existing and new the PRC will be undermined if our attention technologies, such as next-generation tele- platforms, emerging technologies, critical is repeatedly diverted to challenges that are communications, artificial intelligence, in-theater force structure and enabling capa- not vital to United States economic and na- quantum computing, semiconductors, and bilities, joint operational concepts, and a ditional security interests. biotechnology, by— verse, operationally resilient and politically (6) In the coming decades, the United (A) providing necessary investment and sustainable posture; and States must prevent the PRC from— concrete incentives for the private sector to (C) operating and conducting exercises (A) establishing regional hegemony in the accelerate development of such technologies; with allies and partners— Indo-Pacific; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2654 CONGRESSIONAL RECORD — SENATE May 18, 2021 (B) using that position to advance its as- (A) promote the value of partnership with jurisdiction, direction, or influence of for- sertive political, economic, and foreign pol- the United States; eign adversaries; and icy goals around the world. (B) highlight the risks and costs of (3) that has any contract in effect at the (7) The United States must ensure that the enmeshment with the PRC; and time of the receipt of such funds, or has had Federal budget is properly aligned with the (C) counter CCP propaganda and a contract within the previous one year that strategic imperative to compete with the disinformation. is no longer in effect, with— PRC by— SEC. 3006. RULES OF CONSTRUCTION. (A) the Government of the People’s Repub- (A) ensuring sufficient levels of funding to (a) APPLICABILITY OF EXISTING RESTRIC- lic of China; resource all instruments of United States na- TIONS ON ASSISTANCE TO FOREIGN SECURITY (B) the Chinese Communist Party; tional power; and FORCES.—Nothing in this division shall be (C) the Chinese military; (B) coherently prioritizing how such funds construed to diminish, supplant, supersede, (D) an entity majority-owned, majority- are used. or otherwise restrict or prevent responsibil- controlled, or majority-financed by the Gov- (8) Sustained prioritization of the chal- ities of the United States Government under ernment of the People’s Republic of China, lenge posed by the PRC requires— section 620M of the Foreign Assistance Act the CCP, or the Chinese military; or (A) bipartisan cooperation within Con- of 1961 (22 U.S.C. 2378d) or section 362 of title (E) a parent, subsidiary, or affiliate of an gress; and 10, United States Code. entity described in subparagraph (D). (B) frequent, sustained, and meaningful (b) NO AUTHORIZATION FOR THE USE OF MILI- (f) DEFINITIONS.—The terms ‘‘foreign own- collaboration and consultation between the TARY FORCE.—Nothing in this division may ership, control, or influence’’ and ‘‘FOCI’’ executive branch and Congress. be construed as authorizing the use of mili- have the meanings given those terms in the (9) The United States must ensure close in- tary force. National Industrial Security Program Oper- tegration among economic and foreign pol- TITLE I—INVESTING IN A COMPETITIVE ating Manual (DOD 5220.22–M), or a successor icymakers, the private sector, civil society, FUTURE document. universities and academic institutions, and Subtitle A—Science and Technology Subtitle B—Global Infrastructure and Energy other relevant actors in free and open soci- Development SEC. 3101. AUTHORIZATION TO ASSIST UNITED eties affected by the challenges posed by the STATES COMPANIES WITH GLOBAL SEC. 3111. APPROPRIATE COMMITTEES OF CON- PRC to enable such actors— SUPPLY CHAIN DIVERSIFICATION GRESS DEFINED. (A) to collaborate to advance common in- AND MANAGEMENT. In this subtitle, the term ‘‘appropriate terests; and (a) AUTHORIZATION TO CONTRACT SERV- committees of Congress’’ means— (B) to identify appropriate policies— ICES.—The Secretary of State, in coordina- (1) the Committee on Foreign Relations (i) to strengthen the United States and its tion with the Secretary of Commerce, is au- and the Committee on Appropriations of the allies; thorized to establish a program to facilitate Senate; and (ii) to promote a compelling vision of a the contracting by the Department of State (2) the Committee on Foreign Affairs and free and open order; and for the professional services of qualified ex- the Committee on Appropriations of the (iii) to push back against detrimental poli- perts, on a reimbursable fee for service basis, House of Representatives. cies pursued by the CCP. to assist interested United States persons SEC. 3112. SENSE OF CONGRESS ON INTER- (10) The United States must ensure that all and business entities with supply chain man- NATIONAL QUALITY INFRASTRUC- Federal departments and agencies are orga- agement issues related to the PRC, includ- TURE INVESTMENT STANDARDS. nized to reflect the fact that strategic coming— (a) SENSE OF CONGRESS.—It is the sense of petition with the PRC is the United States’ (1) exiting from the PRC market or relo- Congress that the United States should ini- greatest geopolitical and geoeconomic chal- cating certain production facilities to loca- tiate collaboration among governments, the lenge, including through the assigned mis- tions outside the PRC; private sector, and civil society to encourage sions and location of United States Govern- (2) diversifying sources of inputs, and other the adoption of the standards for quality ment personnel, by— efforts to diversify supply chains to loca- global infrastructure development advanced (A) dedicating more personnel in the Indo- tions outside of the PRC; by the G20 at Osaka in 2018, including with Pacific region, at posts around the world, (3) navigating legal, regulatory, or other respect to the following issues: and in Washington DC, with priorities di- challenges in the course of the activities de- (1) Respect for the sovereignty of countries rectly relevant to advancing competition scribed in paragraphs (1) and (2); and in which infrastructure investments are with the People’s Republic of China; (4) identifying alternative markets for pro- made. (B) placing greater numbers of foreign duction or sourcing outside of the PRC, in- (2) Anti-corruption. service officers, international development cluding through providing market intel- (3) Rule of law. professionals, members of the foreign com- ligence, facilitating contact with reliable (4) Human rights and labor rights. mercial service, intelligence professionals, local partners as appropriate, and other serv- (5) Fiscal and debt sustainability. and other United States Government per- ices. (6) Social and governance safeguards. sonnel in the Indo-Pacific region; and (b) CHIEF OF MISSION OVERSIGHT.—The per- (7) Transparency. (C) ensuring that this workforce, both ci- sons hired to perform the services described (8) Environmental and energy standards. vilian and military, has the training in lan- in subsection (a) shall— (b) SENSE OF CONGRESS.—It is the sense of guage, technical skills, and other com- (1) be under the authority of the United Congress that the United States should petencies required to advance a successful States Chief of Mission in the country in launch a series of fora around the world competitive strategy with the PRC. which they are hired, in accordance with ex- showcasing the commitment of the United (11) The United States must place renewed isting United States laws; States and partners of the United States to emphasis on strengthening the nonmilitary (2) coordinate with Department of State high-quality development cooperation, in- instruments of national power, including di- and Department of Commerce officers; and cluding with respect to the issues described plomacy, information, technology, econom- (3) coordinate with United States missions in subsection (a). ics, foreign assistance and development fi- and relevant local partners in other coun- SEC. 3113. UNITED STATES SUPPORT FOR INFRA- nance, commerce, intelligence, and law en- tries as needed to carry out the services de- STRUCTURE. forcement, which are crucial for addressing scribed in subsection (a). (a) FINDINGS.—The Global Infrastructure the unique economic, political, and ideolog- (c) PRIORITIZATION OF MICRO-, SMALL-, AND Coordinating Committee (GICC) was estab- ical challenges posed by the PRC. MEDIUM-SIZED ENTERPRISES.—The services lished to coordinate the efforts of the De- (12) The United States must sustain described in subsection (a) shall be partment of State, the Department of Com- resourcing for a Pacific Deterrence Initia- prioritized for assisting micro-, small-, and merce, the Department of the Treasury, the tive, which shall be aligned with the over- medium-sized enterprises with regard to the Department of Energy, the Department of arching political and diplomatic objectives matters described in subsection (a). Transportation, the United States Agency articulated in the Asia Reassurance Initia- (d) AUTHORIZATION OF APPROPRIATIONS.— for International Development, the United tive Act (Public Law 115–409), and must There is authorized to be appropriated States Trade and Development Agency, the prioritize the military investments nec- $15,000,000 for each of fiscal years 2022 Development Finance Corporation, the Ex- essary to achieve United States political ob- through 2026 for the purposes of carrying out port-Import Bank of the United States, and jectives in the Indo-Pacific, including— this section. other agencies to catalyze private sector in- (A) promoting regional security in the (e) PROHIBITION ON ACCESS TO ASSISTANCE vestments around the world and to coordi- Indo-Pacific; BY FOREIGN ADVERSARIES.—None of the funds nate the deployment of United States Gov- (B) reassuring allies and partners while appropriated pursuant to this section may be ernment technical assistance and develop- protecting them from coercion; and provided to an entity— ment finance tools, including project prepa- (C) deterring conflict with the PRC. (1) under the foreign ownership, control, or ration services and commercial advocacy. (13) Competition with the PRC requires the influence of the Government of the People’s (b) SENSE OF CONGRESS.—It is the sense of United States’ skillful adaptation to the in- Republic of China or the Chinese Communist Congress that— formation environment of the 21st century. Party, or other foreign adversary; (1) the world’s infrastructure needs, includ- United States public diplomacy and mes- (2) determined to have beneficial owner- ing in the transport, energy, and digital sec- saging efforts must effectively— ship from foreign individuals subject to the tors, are vast and growing;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2655 (2) total or partial ownership or acquisi- utilizes United States-manufactured goods equity and sovereign lending products as al- tion of, or a significant financial stake or and services, and catalyzing investment led ternatives to the predatory lending tools of- physical presence in, certain types of infra- by the private sector. fered by Chinese financial institutions; structure, including ports, energy grids, 5G (b) TRANSACTION ADVISORY FUND.—As part (4) pursue partnerships with likeminded telecommunications networks, and undersea of the ‘‘Infrastructure Transaction and As- international financial and multilateral in- cables, can provide an advantage to coun- sistance Network’’ described under sub- stitutions to leverage investment in ad- tries that do not share the interests and val- section (a), the Secretary of State is author- vanced energy technologies in developing ues of the United States and its allies and ized to provide support, including through countries; and partners, and could therefore be deleterious the Transaction Advisory Fund, for advisory (5) pursue bilateral partnerships focused on to the interests and values of the United services to help boost the capacity of partner the cooperative development of advanced en- States and its allies and partners; countries to evaluate contracts and assess ergy technologies with countries of strategic (3) the United States must continue to the financial and environmental impacts of significance, particularly in the Indo-Pacific prioritize support for infrastructure projects potential infrastructure projects, including region, to address the effects of energy en- that are physically secure, financially via- through providing services such as— gagement by the PRC through predatory ble, economically sustainable, and socially (1) legal services; lending or other actions that negatively im- responsible; (2) project preparation and feasibility stud- pact other countries. (4) achieving the objective outlined in ies; (c) ADVANCED ENERGY TECHNOLOGIES EX- paragraph (3) requires the coordination of all (3) debt sustainability analyses; PORTS.—Not later than 180 days after the United States Government economic tools (4) bid or proposal evaluation; and date of the enactment of this Act, and annu- across the interagency, so that such tools (5) other services relevant to advancing the ally thereafter for 5 years, the Secretary of are deployed in a way to maximize United development of sustainable, transparent, and State, in consultation with the Secretary of States interests and that of its allies and high-quality infrastructure. Energy, shall submit to the appropriate con- partners; (c) STRATEGIC INFRASTRUCTURE FUND.—— gressional committees a United States Gov- (5) the GICC represents an important and (1) IN GENERAL.—As part of the ‘‘Infrastruc- ernment strategy to increase United States concrete step towards better communication ture Transaction and Assistance Network’’ exports of advanced energy technologies to— and coordination across the United States described under subsection (a), the Secretary (1) improve energy security in allied and Government of economic tools relevant to of State is authorized to provide support, in- developing countries; supporting infrastructure that is physically cluding through the Strategic Infrastructure (2) create open, efficient, rules-based, and secure, financially viable, economically sus- Fund, for technical assistance, project prepa- transparent energy markets; tainable, and socially responsible, and should ration, pipeline development, and other in- (3) improve free, fair, and reciprocal energy be continued; and frastructure project support. trading relationships; and (6) the executive branch and Congress (2) JOINT INFRASTRUCTURE PROJECTS.— (4) expand access to affordable, reliable en- should have consistent consultations on Funds authorized for the Strategic Infra- ergy. structure Fund should be used in coordina- United States support for strategic infra- SEC. 3116. REPORT ON THE PEOPLE’S REPUBLIC structure projects, including how Congress tion with the Department of Defense, the International Development Finance Corpora- OF CHINA’S INVESTMENTS IN FOR- can support such initiatives in the future. EIGN ENERGY DEVELOPMENT. (c) REPORTING REQUIREMENT.—Not later tion, like-minded donor partners, and multi- (a) IN GENERAL.—No later than 180 days than 180 days after the date of the enactment lateral banks, as appropriate, to support after the date of the enactment of this Act, of this Act, and semi-annually thereafter for joint infrastructure projects in the Indo-Pa- and annually thereafter for five years, the 5 years, the Secretary of State, in coordina- cific region. Administrator of the United States Agency tion with other Federal agencies that par- (3) STRATEGIC INFRASTRUCTURE PROJECTS.— ticipate in the GICC, and, as appropriate, the Funds authorized for the Strategic Infra- for International Development, in consulta- Director of National Intelligence, shall sub- structure Fund should be used to support tion with the Secretary of State through the mit to the appropriate committees of Con- strategic infrastructure projects that are in Assistant Secretary for Energy Resources, gress a report that identifies— the national security interest of the United shall submit to the appropriate congres- (1) current, pending, and future infrastruc- States and vulnerable to strategic competi- sional committees a report that— ture projects, particularly in the transport, tors. (1) identifies priority countries for deep- energy, and digital sectors, that the United (d) AUTHORIZATION OF APPROPRIATIONS.— ening United States engagement on energy States is supporting or will support through There is authorized to be appropriated, for matters, in accordance with the economic financing, foreign assistance, technical as- each of fiscal years 2022 to 2026, $75,000,000 to and national security interests of the United sistance, or other means; the Infrastructure Transaction and Assist- States and where deeper energy partnerships (2) a detailed explanation of the United ance Network, of which $20,000,000 is to be are most achievable; States and partner country interests served provided for the Transaction Advisory Fund. (2) describes the involvement of the PRC by the United States providing support to SEC. 3115. STRATEGY FOR ADVANCED AND RELI- government and companies incorporated in such projects; and ABLE ENERGY INFRASTRUCTURE. the PRC in the development, operation, fi- (3) a detailed description of any support (a) IN GENERAL.—The President shall direct nancing, or ownership of energy generation provided by other United States allies and a comprehensive, multi-year, whole of gov- facilities, transmission infrastructure, or en- partners to such projects. ernment effort, in consultation with the pri- ergy resources in the countries identified in (d) FORM OF REPORT.—The report required vate sector, to counter predatory lending paragraph (1); by subsection (a) shall be submitted in un- and financing by the Government of the Peo- (3) evaluates strategic or security concerns classified form but may include a classified ple’s Republic of China, including support to and implications for United States national annex. companies incorporated in the PRC that en- interests and the interests of the countries SEC. 3114. INFRASTRUCTURE TRANSACTION AND gage in such activities, in the energy sectors identified in paragraph (1), with respect to ASSISTANCE NETWORK. of developing countries. the PRC’s involvement and influence in de- (a) AUTHORITY.—The Secretary of State is (b) POLICY.—It is the policy of the United veloping country energy production or trans- authorized to establish an initiative, to be States to— mission; and known as the ‘‘Infrastructure Transaction (1) regularly evaluate current and fore- (4) outlines current and planned efforts by and Assistance Network’’, under which the casted energy needs and capacities of devel- the United States to partner with the coun- Secretary of State, in consultation with oping countries, and analyze the presence tries identified in paragraph (1) on energy other relevant Federal agencies, including and involvement of PRC state-owned indus- matters that support shared interests be- those represented on the Global Infrastruc- tries and other companies incorporated in tween the United States and such countries. ture Coordinating Committee, may carry out the PRC, Chinese nationals providing labor, (b) PUBLICATION.—The assessment required various programs to advance the develop- and financing of energy projects, including in subsection (a) shall be published on the ment of sustainable, transparent, and high- direct financing by the PRC government, United States Agency for International De- quality infrastructure in the Indo-Pacific re- PRC financial institutions, or direct state velopment’s website. gion by— support to state-owned enterprises and other (1) strengthening capacity-building pro- companies incorporated in the PRC; Subtitle C—Digital Technology and grams to improve project evaluation proc- (2) pursue strategic support and invest- Connectivity esses, regulatory and procurement environment opportunities, and diplomatic engage- SEC. 3121. SENSE OF CONGRESS ON DIGITAL ments, and project preparation capacity of ment on power sector reforms, to expand the TECHNOLOGY ISSUES. countries that are partners of the United development and deployment of advanced en- (a) LEADERSHIP IN INTERNATIONAL STAND- States in such development; ergy technologies in developing countries; ARDS SETTING.—It is the sense of Congress (2) providing transaction advisory services (3) offer financing, loan guarantees, grants, that the United States must lead in inter- and project preparation assistance to sup- and other financial products on terms that national bodies that set the governance port sustainable infrastructure; and advance domestic economic and local em- norms and rules for critical digitally enabled (3) coordinating the provision of United ployment opportunities, utilize advanced en- technologies in order to ensure that these States assistance for the development of in- ergy technologies, encourage private sector technologies operate within a free, secure, frastructure, including infrastructure that growth, and, when appropriate United States interoperable, and stable digital domain.

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(b) COUNTERING DIGITAL (1) the appropriate congressional commit- authorization are authorized to remain AUTHORITARIANISM.—It is the sense of Con- tees; available until expended and shall be in addi- gress that the United States, along with al- (2) leaders of the United States industry; tion to amounts otherwise authorized to be lies and partners, should lead an inter- (3) other relevant technology experts, in- appropriated to counter such influence. national effort that utilizes all of the eco- cluding the Open Technology Fund; (b) CONSULTATION REQUIRED.—The obliga- nomic and diplomatic tools at its disposal to (4) representatives from relevant United tion of funds appropriated or otherwise made combat the expanding use of information and States Government agencies; and available to counter the malign influence of communications technology products and (5) representatives from like-minded allies the Chinese Communist Party globally shall services to surveil, repress, and manipulate and partners. be subject to prior consultation with, and populations (also known as ‘‘digital (d) SEMIANNUAL BRIEFING REQUIREMENT.— consistent with section 634A of the Foreign authoritarianism’’). Not later than 180 days after the date of the Assistance Act of 1961 (22 U.S.C. 2394-1), the (c) NEGOTIATIONS FOR DIGITAL TRADE enactment of this Act, and annually there- regular notification procedures of— AGREEMENTS OR ARRANGEMENTS.—It is the after for 5 years, the Secretary of State shall (1) the Committee on Foreign Relations sense of Congress that the United States provide the appropriate congressional com- and the Committee on Appropriations of the Trade Representative should negotiate bilat- mittees a briefing on the implementation of Senate; and eral and plurilateral agreements or arrange- the plan required by subsection (b). (2) the Committee on Foreign Affairs and ments relating to digital goods with the Eu- (e) AUTHORIZATION OF APPROPRIATIONS.— ropean Union, Japan, Taiwan, the member the Committee on Appropriations of the There is authorized to be appropriated countries of the Five Eyes intelligence-shar- House of Representatives. $100,000,000 for each of fiscal years 2022 ing alliance, and other nations, as appro- (c) POLICY GUIDANCE, COORDINATION, AND through 2026 to carry out this section. priate. APPROVAL.— (d) FREEDOM OF INFORMATION IN THE DIG- SEC. 3123. STRATEGY FOR DIGITAL INVESTMENT (1) COORDINATOR.—The Secretary of State ITAL AGE.—It is the sense of Congress that BY UNITED STATES INTERNATIONAL shall designate an existing senior official of the United States should lead a global effort DEVELOPMENT FINANCE CORPORA- the Department at the rank of Assistant TION. to ensure that freedom of information, in- Secretary or above to provide policy guid- (a) IN GENERAL.—Not later than one year cluding the ability to safely consume or pub- ance, coordination, and approval for the obli- lish information without fear of undue re- after the date of the enactment of this Act, gation of funds authorized pursuant to sub- prisals, is maintained as the digital domain the United States International Develop- section (a). ment Finance Corporation, in consultation becomes an increasingly integral mechanism (2) DUTIES.—The senior official designated for communication. with the Administrator of the United States pursuant to paragraph (1) shall be respon- (e) EFFORTS TO ENSURE TECHNOLOGICAL DE- Agency for International Development, shall sible for— VELOPMENT DOES NOT THREATEN DEMOCRATIC submit to the appropriate congressional (A) on an annual basis, the identification GOVERNANCE OR HUMAN RIGHTS.—It is the committees a strategy for support of private of specific strategic priorities for using the sense of Congress that the United States sector digital investment that— funds authorized to be appropriated by sub- should lead a global effort to develop and (1) includes support for information- section (a), such as geographic areas of focus adopt a set of common principles and stand- connectivity projects, including projects re- or functional categories of programming ards for critical technologies to ensure that lating to telecommunications equipment, that funds are to be concentrated within, the use of such technologies cannot be mobile payments, smart cities, and undersea consistent with the national interests of the abused by malign actors, whether they are cables; United States and the purposes of this divi- governments or other entities, and that they (2) in providing such support, prioritizes sion; do not threaten democratic governance or private sector projects— (B) the coordination and approval of all human rights. (A) of strategic value to the United States; programming conducted using the funds au- (f) FORMATION OF DIGITAL TECHNOLOGY (B) of mutual strategic value to the United thorized to be appropriated by subsection (a), TRADE ALLIANCE.—It is the sense of Congress States and allies and partners of the United based on a determination that such program- that the United States should examine op- States; and ming directly counters the malign influence portunities for diplomatic negotiations re- (C) that will advance broader development of the Chinese Communist Party, including garding the formation of mutually beneficial priorities of the United States; specific activities or policies advanced by alliances relating to digitally-enabled tech- (3) helps to bridge the digital gap in less the Chinese Communist Party, pursuant to nologies and services. developed countries and among women and the strategic objectives of the United States, SEC. 3122. DIGITAL CONNECTIVITY AND CYBER- minority communities within those coun- as established in the 2017 National Security SECURITY PARTNERSHIP. tries; Strategy, the 2018 National Defense Strat- (a) DIGITAL CONNECTIVITY AND CYBERSECU- (4) facilitates coordination, where appro- egy, and other relevant national and re- RITY PARTNERSHIP.—The Secretary of State priate, with multilateral development banks gional strategies as appropriate; is authorized to establish a program, to be and development finance institutions of known as the ‘‘Digital Connectivity and Cy- (C) ensuring that all programming ap- other countries with respect to projects de- proved bears a sufficiently direct nexus to bersecurity Partnership’’ to help foreign scribed in paragraph (1), including through countries— such acts by the Chinese Communist Party the provision of co-financing and co-guaran- described in subsection (d) and adheres to (1) expand and increase secure Internet ac- tees; and cess and digital infrastructure in emerging the requirements outlined in subsection (e); (5) identifies the human and financial re- and markets; sources available to dedicate to such (2) protect technological assets, including (D) conducting oversight, monitoring, and projects and assesses any constraints to im- evaluation of the effectiveness of all pro- data; plementing such projects. (3) adopt policies and regulatory positions gramming conducted using the funds author- (b) LIMITATION.— ized to be appropriated by subsection (a) to that foster and encourage open, interoper- (1) IN GENERAL.—The Corporation may not able, reliable, and secure internet, the free ensure that it advances United States inter- provide support for projects in which entities ests and degrades the ability of the Chinese flow of data, multi-stakeholder models of described in paragraph (2) participate. internet governance, and pro-competitive Communist Party, to advance activities that (2) ENTITIES DESCRIBED.—An entity de- align with subsection (d) of this section. and secure information and communications scribed in this subparagraph is an entity technology (ICT) policies and regulations; (3) INTERAGENCY COORDINATION.—The senior based in, or owned or controlled by the gov- official designated pursuant to paragraph (1) (4) promote exports of United States ICT ernment of, a country, including the People’s goods and services and increase United shall, in coordinating and approving pro- Republic of China, that does not protect gramming pursuant to paragraph (2), seek States company market share in target mar- internet freedom of expression and privacy. kets; to— Subtitle D—Countering Chinese Communist (5) promote the diversification of ICT (A) conduct appropriate interagency con- Party Malign Influence goods and supply chain services to be less re- sultation; and liant on PRC imports; and SECTION 3131. SHORT TITLE. (B) ensure, to the maximum extent prac- (6) build cybersecurity capacity, expand This subtitle may be cited as the ‘‘Coun- ticable, that all approved programming func- interoperability, and promote best practices tering Chinese Communist Party Malign In- tions in concert with other Federal activities for a national approach to cybersecurity. fluence Act’’. to counter the malign influence and activi- (b) IMPLEMENTATION PLAN.—Not later than SEC. 3132. AUTHORIZATION OF APPROPRIATIONS ties of the Chinese Communist Party. 180 days after the date of the enactment of FOR COUNTERING CHINESE INFLU- (4) ASSISTANT COORDINATOR.—The Adminis- this Act, the Secretary of State shall submit ENCE FUND. trator of the United States Agency for Inter- to the appropriate committees of Congress (a) COUNTERING CHINESE INFLUENCE FUND.— national Development shall designate a sen- an implementation plan for the coming year There is authorized to be appropriated ior official at the rank of Assistant Adminis- to advance the goals identified in subsection $300,000,000 for each of fiscal years 2022 trator or above to assist and consult with (a). through 2026 for the Countering Chinese In- the senior official designated pursuant to (c) CONSULTATION.—In developing the ac- fluence Fund to counter the malign influ- paragraph (1). tion plan required by subsection (b), the Sec- ence of the Chinese Communist Party glob- (d) MALIGN INFLUENCE.—In this section, the retary of State shall consult with— ally. Amounts appropriated pursuant to this term ‘‘malign influence’’ with respect to the

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In an update of the comprehensive strategy to nese Communist Party or entities acting on January 2019, then-Director of National In- counter the threat of malign influence to in- its behalf that— telligence, Dan Coats, stated, ‘‘China will clude the People’s Republic of China; (1) undermine a free and open international continue to use legal, political, and eco- (E) section 5323 of such Act, which author- order; nomic levers—such as the lure of Chinese izes the Director of National Intelligence to (2) advance an alternative, repressive markets—to shape the information environ- facilitate the establishment of Social Media international order that bolsters the Chinese ment. It is also capable of using cyber at- Data and Threat Analysis Center to detect Communist Party’s hegemonic ambitions tacks against systems in the United States and study information warfare and malign and is characterized by coercion and depend- to censor or suppress viewpoints it deems po- influence operations across social media ency; litically sensitive.’’. platforms; and (3) undermine the national security or sov- (3) In February 2020, then-Director of the (F) section 119C of the National Security ereignty of the United States or other coun- Federal Bureau of Investigation, Christopher Act of 1947 (50 U.S.C. 3059), which authorizes tries; or Wray, testified to the Committee on the Ju- the establishment of a Foreign Malign Influ- (4) undermine the economic security of the diciary of the House of Representatives that ence Response Center inside the Office of the United States or other countries, including the People’s Republic of China has ‘‘very ac- Director of National Intelligence. by promoting corruption. tive [malign] foreign influence efforts in this (e) COUNTERING MALIGN INFLUENCE.—In this country,’’ with the goal of ‘‘trying to shift SEC. 3134. AUTHORIZATION OF APPROPRIATIONS section, countering malign influence our policy and our public opinion to be more FOR THE FULBRIGHT-HAYS PRO- through the use of funds authorized to be appro-China on a variety of issues’’. GRAM. propriated by subsection (a) shall include ef- (4) The PRC’s information warfare and ma- There are authorized to be appropriated, forts to— lign influence operations continue to adopt for the 5-year period beginning on October 1, (1) promote transparency and account- new tactics and evolve in sophistication. In 2021, $105,500,000, to promote education, ability, and reduce corruption, including in May 2020, then-Special Envoy and Coordi- training, research, and foreign language governance structures targeted by the ma- nator of the Global Engagement Center skills through the Fulbright-Hays Program, lign influence of the Chinese Communist (GEC), Lea Gabrielle, stated that there was a in accordance with section 102(b) of the Mu- Party; convergence of Russian and Chinese nar- tual Educational and Cultural Exchange Act (2) support civil society and independent ratives surrounding COVID–19 and that the of 1961 (22 U.S.C. 2452(b)). media to raise awareness of and increase GEC had ‘‘uncovered a new network of transparency regarding the negative impact inauthentic Twitter accounts’’ that it as- SEC. 3135. SENSE OF CONGRESS CONDEMNING of activities related to the Belt and Road Ini- sessed was ‘‘created with the intent to am- ANTI-ASIAN RACISM AND DISCRIMI- tiative and associated initiatives; plify Chinese propaganda and NATION. (3) counter transnational criminal net- disinformation’’. In June 2020, Google re- (a) FINDINGS.—Congress makes the fol- works that benefit, or benefit from, the ma- ported that Chinese hackers attempted to lowing findings: lign influence of the Chinese Communist access email accounts of the campaign staff (1) Since the onset of the COVID–19 pan- Party; of a presidential candidate. demic, crimes and discrimination against (4) encourage economic development struc- (5) Chinese information warfare and ma- Asians and those of Asian descent have risen tures that help protect against predatory lign influence operations are a threat to the dramatically worldwide. In May 2020, United lending schemes, including support for mar- national security, democracy, and economic Nations Secretary-General Antonio Guterres ket-based alternatives in key economic sec- systems of the United States and its allies said ‘‘the pandemic continues to unleash a tors, such as digital economy, energy, and and partners. In October 2018, Vice President tsunami of hate and xenophobia, infrastructure; Michael R. Pence warned that ‘‘Beijing is scapegoating and scare-mongering’’ and (5) counter activities that provide undue employing a whole-of-government approach, urged governments to ‘‘act now to strength- influence to the security forces of the Peo- using political, economic, and military tools, en the immunity of our societies against the ple’s Republic of China; as well as propaganda, to advance its influ- virus of hate’’. (6) expose misinformation and ence and benefit its interests in the United (2) Asian American and Pacific Island disinformation of the Chinese Communist States.’’. (AAPI) workers make up a large portion of Party’s propaganda, including through pro- (6) In February 2018, then-Director of the the essential workers on the frontlines of the grams carried out by the Global Engagement Federal Bureau of Investigation, Christopher COVID–19 pandemic, making up 8.5 percent Center; and Wray, testified to the Select Committee on of all essential healthcare workers in the Intelligence of the Senate that the People’s (7) counter efforts by the Chinese Com- United States. AAPI workers also make up a Republic of China is taking advantage of and munist Party to legitimize or promote au- large share—between 6 percent and 12 per- exploiting the open research and develop- thoritarian ideology and governance models. cent based on sector—of the biomedical field. ment environments of United States institu- SEC. 3133. FINDINGS ON CHINESE INFORMATION (3) The United States Census notes that tions of higher education to utilize ‘‘profes- WARFARE AND MALIGN INFLUENCE Americans of Asian descent alone made up OPERATIONS. sors, scientists and students’’ as ‘‘nontradi- nearly 5.9 percent of the United States popu- (a) FINDINGS.—Congress makes the fol- tional collectors’’ of information. lation in 2019, and that Asian Americans are lowing findings: (b) PRESIDENTIAL DUTIES.—The President (1) In the report to Congress required under shall— the fastest-growing racial group in the section 1261(b) of the John S. McCain Na- (1) protect our democratic institutions and United States, projected to represent 14 per- tional Defense Authorization Act for Fiscal processes from malign influence from the cent of the United States population by 2065. Year 2019 (Public Law 115–232), the President People’s Republic of China and other foreign (b) SENSE OF CONGRESS.—It is the sense of laid out a broad range of malign activities adversaries; and Congress that— conducted by the Government of the People’s (2) consistent with the policy specified in (1) the reprehensible attacks on people of Republic of China and its agents and enti- paragraph (1), direct the heads of the appro- Asian descent and concerning increase in ties, including— priate Federal departments and agencies to anti-Asian sentiment and racism in the (A) propaganda and disinformation, in implement Acts of Congress to counter and United States and around the world have no which ‘‘Beijing communicates its narrative deter PRC and other foreign information place in a peaceful, civilized, and tolerant through state-run television, print, radio, warfare and malign influence operations world; and online organizations whose presence is without delay, including— (2) the United States is a diverse nation proliferating in the United States and (A) section 1043 of the John S. McCain Na- with a proud tradition of immigration, and around the world’’; tional Defense Authorization Act for Fiscal the strength and vibrancy of the United (B) malign political influence operations, Year 2019 (Public Law 115–232), which author- States is enhanced by the diverse ethnic particularly ‘‘front organizations and agents izes a coordinator position within the Na- backgrounds and tolerance of its citizens, in- which target businesses, universities, think tional Security Council for countering ma- cluding Asian Americans and Pacific Island- tanks, scholars, journalists, and local state lign foreign influence operations and cam- ers; and Federal officials in the United States paigns; (3) the United States Government should and around the world, attempting to influ- (B) section 228 of the National Defense Au- encourage other foreign governments to use ence discourse’’; and thorization Act for Fiscal Year 2020 (Public the official and scientific names for the (C) malign financial influence operations, Law 116–92), which authorizes additional re- COVID–19 pandemic, as recommended by the characterized as the ‘‘misappropriation of search of foreign malign influence operations World Health Organization and the Centers technology and intellectual property, failure on social media platforms; for Disease Control and Prevention; and to appropriately disclose relationships with (C) section 847 of such Act, which requires (4) the United States Government and foreign government sponsored entities, the Secretary of Defense to modify con- other governments around the world must breaches of contract and confidentiality, and tracting regulations regarding vetting for actively oppose racism and intolerance, and manipulation of processes for fair and merit- foreign ownership, control and influence in use all available and appropriate tools to based allocation of Federal research and de- order to mitigate risks from malign foreign combat the spread of anti-Asian racism and velopment funding’’. influence; discrimination.

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SEC. 3136. SUPPORTING INDEPENDENT MEDIA Polygraph for Russian language propaganda (e) SUPPORT FOR LOCAL MEDIA.—The Sec- AND COUNTERING and misinformation. retary of State, acting through the Assistant DISINFORMATION. (4) USAGM shall expand existing training Secretary of State for Democracy, Human (a) FINDINGS.—Congress makes the fol- and partnership programs that promote jour- Rights, and Labor and in coordination with lowing findings: nalistic standards, investigative reporting, the Administrator of the United States (1) The PRC is increasing its spending on cybersecurity, and digital analytics to help Agency for International Development, shall public diplomacy including influence cam- expose and counter false CCP narratives. support and train journalists on investiga- paigns, advertising, and investments into (5) The Open Technology Fund shall con- tive techniques necessary to ensure public state-sponsored media publications outside tinue and expand its work to support tools accountability related to the Belt and Road of the PRC. These include, for example, more and technology to circumvent censorship Initiative, the PRC’s surveillance and digital than $10,000,000,000 in foreign direct invest- and surveillance by the CCP, both inside the export of technology, and other influence opment in communications infrastructure, PRC as well as abroad where the PRC has ex- erations abroad direct or directly supported platforms, and properties, as well as bringing ported censorship technology, and increase by the Communist Party or the Chinese gov- journalists to the PRC for training pro- secure peer-to-peer connectivity and privacy ernment. grams. tools. (f) INTERNET FREEDOM PROGRAMS.—The Bu- (2) The PRC, through the Voice of China, (6) Voice of America shall continue and re- reau of Democracy, Human Rights, and the United Front Work Department (UFWD), view opportunities to expand its mission of Labor shall continue to support internet and UFWD’s many affiliates and proxies, has providing timely, accurate, and reliable freedom programs. (f) AUTHORIZATION OF APPROPRIATIONS.— obtained unfettered access to radio, tele- news, programming, and content about the There is authorized to be appropriated to the vision, and digital dissemination platforms United States, including news, culture, and Department of State, for each of fiscal years in numerous languages targeted at citizens values. 2022 through 2026, $170,000,000 for ongoing and in other regions where the PRC has an inter- (7) The networks and grantees of the new programs in support of press freedom, est in promoting public sentiment in support United States Agency for Global Media shall training, and protection of journalists. of the Chinese Communist Party and expand- continue their mission of providing credible SEC. 3137. GLOBAL ENGAGEMENT CENTER. ing the reach of its misleading narratives and timely news coverage inclusive of the (a) FINDING.—Congress established the and propaganda. People’s Republic of China’s activities in Global Engagement Center to ‘‘direct, lead, (3) Even in Western democracies, the PRC Xinjiang, including China’s ongoing genocide and coordinate efforts’’ of the Federal Gov- spends extensively on influence operations, and crimes against humanity with respect to ernment to ‘‘recognize, understand, expose, such as a $500,000,000 advertising campaign to Uyghurs and other Turkic Muslims, includ- and counter foreign state and non-state attract cable viewers in Australia and a ing through strategic amplification of Radio propaganda and disinformation globally’’. more than $20,000,000 campaign to influence Free Asia’s coverage, in its news program- (b) EXTENSION.—Section 1287(j) of the Na- United States public opinion via the China ming in majority-Muslim countries. tional Defense Authorization Act for Fiscal Daily newspaper supplement. (c) AUTHORIZATION OF APPROPRIATIONS.— Year 2017 (22 U.S.C. 2656 note) is amended by (4) Radio Free Asia (referred to in this sub- There is authorized to be appropriated, for striking ‘‘the date that is 8 years after the section as ‘‘RFA’’), a private nonprofit each of fiscal years 2022 through 2026 for the date of the enactment of this Act’’ and in- multimedia news corporation, which broad- United States Agency for Global Media, serting ‘‘December 31, 2027’’. casts in 9 East Asian languages including $100,000,000 for ongoing and new programs to (c) SENSE OF CONGRESS.—It is the sense of Mandarin, Uyghur, Cantonese, and Tibetan, support local media, build independent Congress that the Global Engagement Center has succeeded in its mission to reach audi- media, combat Chinese disinformation inside should expand its coordinating capacity ences in China and in the Central Asia region and outside of China, invest in technology to through the exchange of liaison officers with despite the Chinese Government’s— subvert censorship, and monitor and evalu- Federal departments and agencies that man- (A) efforts to practice ‘‘media sov- ate these programs, of which— age aspects of identifying and countering ereignty,’’ which restricts access to the free (1) not less than $70,000,000 shall be di- foreign disinformation, including the Na- press within China; and rected to a grant to Radio Free Asia lan- tional Counterterrorism Center at the Office (B) campaign to spread disinformation to guage services; of the Director of National Intelligence and countries abroad. (2) not less than $20,000,000 shall be used to from combatant commands. (5) In 2019, RFA’s Uyghur Service alerted serve populations in China through Man- (d) HIRING AUTHORITY.—Notwithstanding the world to the human rights abuses of darin, Cantonese, Uyghur, and Tibetan lan- any other provision of law, the Secretary of Uyghur and other ethnic minorities in Chi- guage services; and State, during the five year period beginning na’s Xinjiang Uyghur Autonomous Region. (3) not less than $5,500,000 shall be used for on the date of the enactment of this Act and (6) Gulchehra Hoja, a Uyghur journalist for digital media services— solely to carry out functions of the Global RFA, received the International Women’s (A) to counter propaganda of non-Chinese Engagement Center, may— Media Foundation’s Courage in Journalism populations in foreign countries; and (1) appoint employees without regard to Award and a 2019 Magnitsky Human Rights (B) to counter propaganda of Chinese popu- the provisions of title 5, United States Code, Award for her coverage of Xinjiang, while lations in China through ‘‘Global Mandarin’’ regarding appointments in the competitive the Chinese Government detained and har- programming. service; and (2) fix the basic compensation of such em- assed Ms. Hoja’s China-based family and the (d) REPORTING REQUIREMENT.— ployees without regard to chapter 51 and families of 7 other RFA journalists in retal- (1) IN GENERAL.—Not later than 180 days iation for their role in exposing abuses. after the date of the enactment of this Act, subchapter III of chapter 53 of such title re- (7) In 2019 and 2020, RFA provided widely and annually thereafter for 5 years, the Chief garding classification and General Schedule disseminated print and digital coverage of Executive Office of the United States Agency pay rates. (e) AUTHORIZATION OF APPROPRIATIONS.— the decline in freedom in Hong Kong and the for Global Media, in consultation with the There is authorized to be appropriated student-led protests of the extradition law. President of the Open Technology Fund, $150,000,000 for fiscal year 2022 for the Global (8) In March 2020, RFA exposed efforts by shall submit a report to the appropriate con- Engagement Center to counter foreign state the Chinese Government to underreport the gressional committees that outlines— and non-state sponsored propaganda and number of fatalities from the novel (A) the amount of funding appropriated disinformation. coronavirus outbreak in Wuhan Province, pursuant to subsection (c) that was provided China. to the Open Technology Fund for purposes of SEC. 3138. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED (b) THE UNITED STATES AGENCY FOR GLOB- circumventing Chinese Communist Party STATES OF CERTAIN FOREIGN GIFTS AL MEDIA.—The United States Agency for censorship of the internet within the borders TO AND CONTRACTS WITH INSTITU- Global Media (USAGM) and affiliate Federal of the People’s Republic of China; TIONS OF HIGHER EDUCATION. and non-Federal entities shall undertake the (B) the progress that has been made in de- (a) AMENDMENTS TO DEFENSE PRODUCTION following actions to support independent veloping the technology referred to in sub- ACT OF 1950.— journalism, counter disinformation, and paragraph (A), including an assessment of (1) DEFINITION OF COVERED TRANSACTION.— combat surveillance in countries where the whether the funding provided was sufficient Subsection (a)(4) of section 721 of the Defense Chinese Communist Party and other malign to achieve meaningful penetration of Peo- Production Act of 1950 (50 U.S.C. 4565) is actors are promoting disinformation, propa- ple’s Republic of China’s censors; and amended— ganda, and manipulated media markets: (C) the impact of Open Technology Fund (A) in subparagraph (A)— (1) Radio Free Asia (RFA) shall expand do- tools on piercing Chinese Communist Party (i) in clause (i), by striking ‘‘; and’’ and in- mestic coverage and digital programming for internet censorship efforts, including the serting a semicolon; all RFA China services and other affiliate metrics used to measure that impact and the (ii) in clause (ii), by striking the period at language broadcasting services. trajectory of that impact over the previous 5 the end and inserting ‘‘; and’’; and (2) USAGM shall increase funding for years. (iii) by adding at the end the following: RFA’s Mandarin, Tibetan, Uyghur, and Can- (2) FORM OF REPORT.—The report required ‘‘(iii) any transaction described in subpara- tonese language services. under paragraph (1) shall be submitted in un- graph (B)(vi) proposed or pending after the (3) Voice of America shall establish a real- classified form, but may include a classified date of the enactment of the China Strategic time disinformation tracking tool similar to annex. Competition Act of 2021.’’;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2659 (B) in subparagraph (B), by adding at the ‘‘(H) In the case of a covered transaction ments made by subsection (a), including end the following: involving an institution of higher education structuring penalties and filing fees to re- ‘‘(vi) Any gift to an institution of higher (as defined in subsection (a)(4)(G)), the Sec- duce such burdens, shortening timelines for education from a foreign person, or the entry retary of Education.’’; and reviews and investigations, allowing for sim- into a contract by such an institution with a (B) by adding at the end the following: plified and streamlined declaration and no- foreign person, if— ‘‘(8) INCLUSION OF OTHER AGENCIES ON COM- tice requirements, and implementing any ‘‘(I)(aa) the value of the gift or contract MITTEE.—In considering including on the procedures necessary to protect academic equals or exceeds $1,000,000; or Committee under paragraph (2)(K) the heads freedom; and ‘‘(bb) the institution receives, directly or of other executive departments, agencies, or (B) guidance with respect to— indirectly, more than one gift from or enters offices, the President shall give due consider- (i) which gifts and contracts described in into more than one contract, directly or ination to the heads of relevant research and described in clause (vi)(II)(aa) of subsection directly, with the same foreign person for science agencies, departments, and offices, (a)(4)(B) of section 721 of the Defense Produc- the same purpose the aggregate value of including the Secretary of Health and tion Act of 1950, as added by subsection which, during the period of 2 consecutive cal- Human Services, the Director of the Na- (a)(1), would be subject to filing mandatory endar years, equals or exceeds $1,000,000; and tional Institutes of Health, and the Director declarations under subsection (b)(1)(C)(v)(IV) ‘‘(II) the gift or contract— of the National Science Foundation.’’. of that section; and ‘‘(aa) relates to research, development, or (5) CONTENTS OF ANNUAL REPORT RELATING (ii) the meaning of ‘‘control’’, as defined in production of critical technologies and pro- TO CRITICAL TECHNOLOGIES.—Subsection subsection (a) of that section, as that term (m)(3) of such section is amended— vides the foreign person potential access to applies to covered transactions described in (A) in subparagraph (B), by striking ‘‘; any material nonpublic technical informa- clause (vi) of paragraph (4)(B) of that sec- and’’ and inserting a semicolon; tion (as defined in subparagraph (D)(ii)) in tion, as added by subsection (a)(1). (B) in subparagraph (C), by striking the pe- the possession of the institution; or (3) ISSUANCE OF FINAL RULE.—The Com- riod at the end and inserting a semicolon; ‘‘(bb) is a restricted or conditional gift or mittee shall issue a final rule to carry out and contract (as defined in section 117(h) of the the amendments made by subsection (a) (C) by adding at the end the following: Higher Education Act of 1965 (20 U.S.C. after assessing the findings of the pilot pro- ‘‘(D) an evaluation of whether there are gram required by subsection (e). 1011f(h))) that establishes control.’’; and foreign malign influence or espionage activi- (C) by adding at the end the following: ties directed or directly assisted by foreign (e) PILOT PROGRAM.— ‘‘(G) FOREIGN GIFTS TO AND CONTRACTS WITH governments against institutions of higher (1) IN GENERAL.—Beginning on the date INSTITUTIONS OF HIGHER EDUCATION.—For pur- education (as defined in subsection (a)(4)(G)) that is 30 days after the publication in the poses of subparagraph (B)(vi): aimed at obtaining research and develop- Federal Register of the matter required by ‘‘(i) CONTRACT.—The term ‘contract’ means ment methods or secrets related to critical paragraph (2) and ending on the date that is any agreement for the acquisition by pur- technologies; and 570 days thereafter, the Committee shall con- chase, lease, or barter of property or services ‘‘(E) an evaluation of, and recommendation duct a pilot program to assess methods for by a foreign person, for the direct benefit or for any changes to, reviews conducted under implementing the review of covered trans- use of either of the parties. this section that relate to institutions of actions described in clause (vi) of section ‘‘(ii) GIFT.—The term ‘gift’ means any gift higher education, based on an analysis of dis- 721(a)(4)(B) of the Defense Production Act of of money or property. closure reports submitted to the chairperson 1950, as added by subsection (a)(1). ‘‘(iii) INSTITUTION OF HIGHER EDUCATION.— under section 117(a) of the Higher Education (2) PROPOSED DETERMINATION.—Not later The term ‘institution of higher education’ Act of 1965 (20 U.S.C. 1011f(a)).’’. than 270 days after the date of the enactment means any institution, public or private, or, (b) INCLUSION OF CFIUS IN REPORTING ON of this Act, the Committee shall, in con- if a multicampus institution, any single FOREIGN GIFTS UNDER HIGHER EDUCATION ACT sultation with the Secretary of Education, campus of such institution, in any State— OF 1965.—Section 117 of the Higher Education publish in the Federal Register— ‘‘(I) that is legally authorized within such Act of 1965 (20 U.S.C. 1011f) is amended— (A) a proposed determination of the scope State to provide a program of education be- (1) in subsection (a), by inserting after of and procedures for the pilot program re- yond secondary school; ‘‘the Secretary’’ the following: ‘‘and the Sec- quired by paragraph (1); ‘‘(II) that provides a program for which the retary of the Treasury (in the capacity of the (B) an assessment of the burden on institu- institution awards a bachelor’s degree (or Secretary as the chairperson of the Com- tions of higher education likely to result provides not less than a 2-year program mittee on Foreign Investment in the United from compliance with the pilot program; which is acceptable for full credit toward States under section 721(k)(3) of the Defense (C) recommendations for addressing any such a degree) or a more advanced degree; Production Act of 1950 (50 U.S.C. such burdens, including shortening timelines ‘‘(III) that is accredited by a nationally 4565(k)(3)))’’; and for reviews and investigations, structuring recognized accrediting agency or associa- (2) in subsection (d)— penalties and filing fees, and simplifying and tion; and (A) in paragraph (1)— streamlining declaration and notice require- ‘‘(IV) to which the Federal Government ex- (i) by striking ‘‘with the Secretary’’ and ments to reduce such burdens; and tends Federal financial assistance (directly inserting ‘‘with the Secretary and the Sec- (D) any procedures necessary to ensure or indirectly through another entity or per- retary of the Treasury’’; and that the pilot program does not infringe son), or that receives support from the ex- (ii) by striking ‘‘to the Secretary’’ and in- upon academic freedom. tension of Federal financial assistance to serting ‘‘to each such Secretary’’; and (3) REPORT ON FINDINGS.—Upon conclusion any of the institution’s subunits.’’. (B) in paragraph (2), by striking ‘‘with the of the pilot program required by paragraph (2) MANDATORY DECLARATIONS.—Subsection Secretary’’ and inserting ‘‘with the Sec- (1), the Committee shall submit to Congress (b)(1)(C)(v)(IV)(aa) of such section is amend- retary and the Secretary of the Treasury’’. a report on the findings of that pilot pro- ed by adding at the end the following: ‘‘Such (c) EFFECTIVE DATE; APPLICABILITY.—The gram that includes— regulations shall require a declaration under amendments made by subsection (a) shall— (A) a summary of the reviews conducted by this subclause with respect to a covered (1) take effect on the date of the enactment the Committee under the pilot program and transaction described in subsection of this Act, subject to the requirements of the outcome of such reviews; (a)(4)(B)(vi)(II)(aa).’’. subsections (d) and (e); and (B) an assessment of any additional re- (3) FACTORS TO BE CONSIDERED.—Subsection (2) apply with respect to any covered trans- sources required by the Committee to carry (f) of such section is amended— action the review or investigation of which out this section or the amendments made by (A) in paragraph (10), by striking ‘‘; and’’ is initiated under section 721 of the Defense subsection (a); and inserting a semicolon; Production Act of 1950 on or after the date (C) findings regarding the additional bur- (B) by redesignating paragraph (11) as that is 30 days after the publication in the den on institutions of higher education like- paragraph (12); and Federal Register of the notice required under ly to result from compliance with the (C) by inserting after paragraph (10) the subsection (e)(2). amendments made by subsection (a) and any following: (d) REGULATIONS.— additional recommended steps to reduce ‘‘(11) as appropriate, and particularly with (1) IN GENERAL.—The Committee on For- those burdens; and respect to covered transactions described in eign Investment in the United States (in this (D) any recommendations for Congress to subsection (a)(4)(B)(vi), the importance of section referred to as the ‘‘Committee’’), consider regarding the scope or procedures academic freedom at institutions of higher which shall include the Secretary of Edu- described in this section or the amendments education in the United States; and’’. cation for purposes of this subsection, shall made by subsection (a). (4) MEMBERSHIP OF CFIUS.—Subsection (k) prescribe regulations as necessary and appro- of such section is amended— priate to implement the amendments made SEC. 3139. POST-EMPLOYMENT RESTRICTIONS ON (A) in paragraph (2)— by subsection (a). SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF STATE. (i) by redesignating subparagraphs (H), (I), (2) ELEMENTS.—The regulations prescribed and (J) as subparagraphs (I), (J), and (K), re- under paragraph (1) shall include— (a) SENSE OF CONGRESS.—It is the sense of spectively; and (A) regulations accounting for the burden Congress that— (ii) by inserting after subparagraph (G) the on institutions of higher education likely to (1) Congress and the executive branch have following: result from compliance with the amend- recognized the importance of preventing and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2660 CONGRESSIONAL RECORD — SENATE May 18, 2021 mitigating the potential for conflicts of innate qualified ambassadors as quickly as ness in the People’s Republic of China, which terest following government service, includ- possible, especially for countries in Central are exercising their right to freedom of ing with respect to senior United States offi- and South America, to ensure that the speech; and cials working on behalf of foreign govern- United States is diplomatically positioned to (B) submit the strategy developed pursuant ments; and counter Chinese influence efforts in foreign to subparagraph (A) to the appropriate con- (2) Congress and the executive branch countries. gressional committees not later than 120 should jointly evaluate the status and scope SEC. 3141. CHINA CENSORSHIP MONITOR AND AC- days after the date of the enactment of this of post-employment restrictions. TION GROUP. Act. (b) RESTRICTIONS.—Section 841 of the State (a) DEFINITIONS.—In this section: (4) MEETINGS.—The Task Force shall meet Department Basic Authorities Act of 1956 (22 (1) QUALIFIED RESEARCH ENTITY.—The term not less frequently than twice per year. U.S.C. 2651a) is amended by adding at the end ‘‘qualified research entity’’ means an entity (5) CONSULTATIONS.—The Task Force the following new subsection: that— should regularly consult, to the extent nec- ‘‘(i) EXTENDED POST-EMPLOYMENT RESTRIC- (A) is a nonpartisan research organization essary and appropriate, with— TIONS FOR CERTAIN SENATE-CONFIRMED OFFI- or a federally funded research and develop- (A) Federal agencies that are not rep- CIALS.— ment center; resented on the Task Force; ‘‘(1) SECRETARY OF STATE AND DEPUTY SEC- (B) has appropriate expertise and analyt- (B) independent agencies of the United RETARY OF STATE.—With respect to a person ical capability to write the report required States Government that are not represented serving as the Secretary of State or Deputy under subsection (c); and on the Task Force; Secretary of State, the restrictions described (C) is free from any financial, commercial, (C) relevant stakeholders in the private in section 207(f)(1) of title 18, United States or other entanglements, which could under- sector and the media; and Code, shall apply to representing, aiding, or mine the independence of such report or cre- (D) relevant stakeholders among United advising a foreign governmental entity be- ate a conflict of interest or the appearance of States allies and partners facing similar fore an officer or employee of the executive a conflict of interest, with— challenges related to censorship or intimida- branch of the United States at any time (i) the Government of the People’s Repub- tion by the Government of the People’s Re- after the termination of that person’s service lic of China; public of China. as Secretary or Deputy Secretary. (ii) the Chinese Communist Party; (6) REPORTING REQUIREMENTS.— ‘‘(2) UNDER SECRETARIES, ASSISTANT SECRE- (iii) any company incorporated in the Peo- (A) ANNUAL REPORT.—The Task Force shall TARIES, AND AMBASSADORS.—With respect to ple’s Republic of China or a subsidiary of submit an annual report to the appropriate a person serving as an Under Secretary, As- such company; or congressional committees that describes, sistant Secretary, or Ambassador at the De- (iv) any company or entity incorporated with respect to the reporting period— partment of State or the United States Per- outside of the People’s Republic of China (i) the strategic objectives and policies manent Representative to the United Na- that is believed to have a substantial finan- pursued by the Task Force to address the tions, the restrictions described in section cial or commercial interest in the People’s challenges of censorship and intimidation of 207(f)(1) of title 18, United States Code, shall Republic of China. United States persons while in the United apply to representing, aiding, or advising a (2) UNITED STATES PERSON.—The term States or any of its possessions or terri- foreign governmental entity before an officer ‘‘United States person’’ means— tories, which is directed or directly sup- or employee of the executive branch of the (A) a United States citizen or an alien law- ported by the Government of the People’s United States for 3 years after the termi- fully admitted for permanent residence to Republic of China; nation of that person’s service in a position the United States; or (ii) the activities conducted by the Task described in this paragraph, or the duration (B) an entity organized under the laws of Force in support of the strategic objectives of the term or terms of the President who the United States or any jurisdiction within and policies referred to in clause (i); and appointed that person to their position, the United States, including a foreign branch (iii) the results of the activities referred to whichever is longer. of such an entity. in clause (ii) and the impact of such activi- (b) CHINA CENSORSHIP MONITOR AND ACTION ‘‘(3) PENALTIES AND INJUNCTIONS.—Any vio- ties on the national interests of the United GROUP.— lations of the restrictions in paragraphs (1) States. (1) IN GENERAL.—The President shall estab- or (2) shall be subject to the penalties and in- (B) FORM OF REPORT.—Each report sub- lish an interagency task force, which shall junctions provided for under section 216 of mitted pursuant to subparagraph (A) shall be be known as the ‘‘China Censorship Monitor title 18, United States Code. unclassified, but may include a classified and Action Group’’ (referred to in this sub- annex. ‘‘(4) DEFINITIONS.—In this subsection: section as the ‘‘Task Force’’). ‘‘ ‘‘(A) The term ‘foreign governmental en- (C) CONGRESSIONAL BRIEFINGS.—Not later (2) MEMBERSHIP.—The President shall— tity’ includes any person employed by— than 90 days after the date of the enactment (A) appoint the chair of the Task Force ‘‘(i) any department, agency, or other enti- of this Act, and annually thereafter, the from among the staff of the National Secu- ty of a foreign government at the national, Task Force shall provide briefings to the ap- rity Council; regional, or local level; propriate congressional committees regard- (B) appoint the vice chair of the Task ‘‘(ii) any governing party or coalition of a ing the activities of the Task Force to exe- Force from among the staff of the National foreign government at the national, re- cute the strategy developed pursuant to Economic Council; and gional, or local level; or paragraph (3)(A). (C) direct the head of each of the following (c) REPORT ON CENSORSHIP AND INTIMIDA- ‘‘(iii) any entity majority-owned or major- executive branch agencies to appoint per- TION OF UNITED STATES PERSONS BY THE GOV- ity-controlled by a foreign government at sonnel to participate in the Task Force: ERNMENT OF THE PEOPLE’S REPUBLIC OF the national, regional, or local level. (i) The Department of State. CHINA.— ‘‘(B) The term ‘representation’ does not in- (ii) The Department of Commerce. (1) REPORT.— clude representation by an attorney, who is (iii) The Department of the Treasury. (A) IN GENERAL.—Not later than 90 days duly licensed and authorized to provide legal (iv) The Department of Justice. after the date of the enactment of this Act, advice in a United States jurisdiction, of a (v) The Office of the United States Trade the Secretary of State shall select and seek person or entity in a legal capacity or for the Representative. to enter into an agreement with a qualified purposes of rendering legal advice. (vi) The Office of the Director of National research entity that is independent of the ‘‘(5) EFFECTIVE DATE.—The restrictions in Intelligence, and other appropriate elements Department of State to write a report on this subsection shall apply only to persons of the intelligence community (as defined in censorship and intimidation in the United who are appointed by the President to the section 3 of the National Security Act of 1947 States and its possessions and territories of positions referenced in this subsection on or (50 U.S.C. 3003)). United States persons, including United after 120 days after the date of the enact- (vii) The Federal Communications Com- States companies that conduct business in ment of the Strategic Competition Act of mission. the People’s Republic of China, which is di- 2021. (viii) The United States Agency for Global rected or directly supported by the Govern- ‘‘(6) NOTICE OF RESTRICTIONS.—Any person Media. ment of the People’s Republic of China. subject to the restrictions of this subsection (ix) Other agencies designated by the (B) MATTERS TO BE INCLUDED.—The report shall be provided notice of these restrictions President. required under subparagraph (A) shall— by the Department of State upon appoint- (3) RESPONSIBILITIES.—The Task Force (i) assess major trends, patterns, and meth- ment by the President, and subsequently shall— ods of the Government of the People’s Re- upon termination of service with the Depart- (A) oversee the development and execution public of China’s efforts to direct or directly ment of State.’’. of an integrated Federal Government strat- support censorship and intimidation of SEC. 3140. SENSE OF CONGRESS ON egy to monitor and address the impacts of ef- United States persons, including United PRIORITIZING NOMINATION OF QUALIFIED AMBASSADORS TO EN- forts directed, or directly supported, by the States companies that conduct business in SURE PROPER DIPLOMATIC POSI- Government of the People’s Republic of the People’s Republic of China, which are ex- TIONING TO COUNTER CHINESE IN- China to censor or intimidate, in the United ercising their right to freedom of speech; FLUENCE. States or in any of its possessions or terri- (ii) assess, including through the use of il- It is the sense of Congress that it is criti- tories, any United States person, including lustrative examples, as appropriate, the im- cally important for the President to nomi- United States companies that conduct busi- pact on and consequences for United States

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2661 persons, including United States companies advantage to the United States and are siliency and adaptation strategy focusing on that conduct business in the People’s Repub- among the Nation’s most precious assets, en- internal and external actions needed— lic of China, that criticize— abling the United States to advance its vital (A) to facilitate regional early recovery, (I) the Chinese Communist Party; national interests, defend its territory, ex- risk reduction, and resilience to weather-re- (II) the Government of the People’s Repub- pand its economy through international lated impacts on strategic interests of the lic of China; trade and commerce, establish enduring co- United States and partners and allies of the (III) the authoritarian model of govern- operation among like-minded countries, pre- United States in the region; and ment of the People’s Republic of China; or vent the domination of the Indo-Pacific and (B) to address humanitarian and food secu- (IV) a particular policy advanced by the its surrounding maritime and air lanes by a rity impacts of weather-related changes in Chinese Communist Party or the Govern- hostile power or powers, and deter potential the region. ment of the People’s Republic of China; aggressors; (b) STATEMENT OF POLICY.—It shall be the (iii) identify the implications for the (2) the Governments of the United States, policy of the United States— United States of the matters described in Japan, the Republic of Korea, Australia, the (1) to deepen diplomatic, economic, and se- clauses (i) and (ii); Philippines, and Thailand are critical allies curity cooperation between and among the (iv) assess the methods and evaluate the ef- in advancing a free and open order in the United States, Japan, the Republic of Korea, ficacy of the efforts by the Government of Indo-Pacific region and tackling challenges Australia, the Philippines, and Thailand, in- the People’s Republic of China to limit free- with unity of purpose, and have collaborated cluding through diplomatic engagement, re- dom of expression in the private sector, in- to advance specific efforts of shared interest gional development, energy security and de- cluding media, social media, film, education, in areas such as defense and security, eco- velopment, scientific and health partner- travel, financial services, sports and enter- nomic prosperity, infrastructure ships, educational and cultural exchanges, tainment, technology, telecommunication, connectivity, and fundamental freedoms; missile defense, intelligence-sharing, space, and internet infrastructure interests; (3) the United States greatly values other cyber, and other diplomatic and defense-re- (v) include policy recommendations for the partnerships in the Indo-Pacific region, in- lated initiatives; United States Government, including rec- cluding with India, Singapore, Indonesia, (2) to uphold our multilateral and bilateral ommendations regarding collaboration with Taiwan, New Zealand, and Vietnam as well treaty obligations, including— United States allies and partners, to address as regional architecture such as the Quad, (A) defending Japan, including all areas censorship and intimidation by the Govern- the Association of Southeast Asian Nations under the administration of Japan, under article V of the Treaty of Mutual Cooperation ment of the People’s Republic of China; and (ASEAN), and the Asia-Pacific Economic and Security Between the United States of (vi) include policy recommendations for Community (APEC), which are essential to America and Japan; United States persons, including United further shared interests; (B) defending the Republic of Korea under States companies that conduct business in (4) the security environment in the Indo- article III of the Mutual Defense Treaty Be- China, to address censorship and intimida- Pacific demands consistent United States tween the United States and the Republic of tion by the Government of the People’s Re- and allied commitment to strengthening and Korea; public of China. advancing our alliances so that they are pos- tured to meet these challenges, and will re- (C) defending the Philippines under article (C) APPLICABILITY TO UNITED STATES ALLIES quire sustained political will, concrete part- IV of the Mutual Defense Treaty Between AND PARTNERS.—To the extent practicable, nerships, economic, commercial, and techno- the United States and the Republic of the the report required under subparagraph (A) logical cooperation, consistent and tangible Philippines; should identify implications and policy rec- commitments, high-level and extensive con- (D) defending Thailand under the 1954 Ma- ommendations that are relevant to United sultations on matters of mutual interest, nila Pact and the Thanat-Rusk communique States allies and partners facing censorship mutual and shared cooperation in the acqui- of 1962; and and intimidation directed or directly sup- sition of key capabilities important to allied (E) defending Australia under article IV of ported by the Government of the People’s defenses, and unified mutual support in the the Australia, New Zealand, United States Republic of China. face of political, economic, or military coer- Security Treaty; (2) SUBMISSION OF REPORT.— cion; (3) to strengthen and deepen the United (A) IN GENERAL.—Not later than 1 year (5) fissures in the United States alliance States’ bilateral and regional partnerships, after the date of the enactment of this Act, relationships and partnerships benefit including with India, Taiwan, ASEAN, and the Secretary of State shall submit the re- United States adversaries and weaken collec- New Zealand; port written by the qualified research entity tive ability to advance shared interests; (4) to cooperate with Japan, the Republic selected pursuant to paragraph (1)(A) to the (6) the United States must work with allies of Korea, Australia, the Philippines, and appropriate congressional committees. to prioritize human rights throughout the Thailand to promote human rights bilat- (B) PUBLICATION.—The report referred to in Indo-Pacific region; erally and through regional and multilateral subparagraph (A) shall be made accessible to (7) as the report released in August 2020 by fora and pacts; and the public online through relevant United the Expert Group of the International Mili- (5) to strengthen and advance diplomatic, States Government websites. tary Council on Climate and Security economic, and security cooperation with re- (3) FEDERAL GOVERNMENT SUPPORT.—The (IMCCS), titled ‘‘Climate and Security in the gional partners, such as Taiwan, Vietnam, Secretary of State and other Federal agen- Indo-Asia Pacific’’ noted, the Indo-Pacific Malaysia, Singapore, Indonesia, and India. cies selected by the President shall provide region is one of the regions most vulnerable SEC. 3203. SENSE OF CONGRESS ON COOPERA- the qualified research entity selected pursu- to climate impacts and as former Deputy TION WITH THE QUAD. ant to paragraph (1)(A) with timely access to Under Secretary of Defense for Installations It is the sense of Congress that— appropriate information, data, resources, and Environment Sherri Goodman, Sec- (1) the United States should reaffirm our and analyses necessary for such entity to retary General of IMCCS, noted, climate commitment to quadrilateral cooperation write the report described in paragraph shocks act as a threat multiplier in the Indo- among Australia, India, Japan, and the (1)(A) in a thorough and independent man- Pacific region, increasing humanitarian re- United States (the ‘‘Quad’’) to enhance and ner. sponse costs and impacting security implement a shared vision to meet shared re- (d) SUNSET.—This section shall terminate throughout the region as sea levels rise, fish- gional challenges and to promote a free, on the date that is 5 years after the date of ing patterns shift, food insecurity rises, and open, inclusive, resilient, and healthy Indo- the enactment of this Act. storms grow stronger and more frequent; Pacific that is characterized by democracy, TITLE II—INVESTING IN ALLIANCES AND (8) the United State should continue to en- rule of law, and market-driven economic PARTNERSHIPS gage on and deepen cooperation with allies growth, and is free from undue influence and Subtitle A—Strategic and Diplomatic Matters and partners of the United States in the coercion; SEC. 3201. APPROPRIATE COMMITTEES OF CON- Indo-Pacific region, as laid out in the Asia (2) the United States should seek to expand GRESS DEFINED. Reassurance Initiative Act (Public Law 115– sustained dialogue and cooperation through In this subtitle, the term ‘‘appropriate 409), in the areas of— the Quad with a range of partners to support committees of Congress’’ means— (A) forecasting environmental challenges; the rule of law, freedom of navigation and (1) the Committee on Foreign Relations (B) assisting with transnational coopera- overflight, peaceful resolution of disputes, and the Committee on Appropriations of the tion on sustainable uses of forest and water democratic values, and territorial integrity, Senate; and resources with the goal of preserving bio- and to uphold peace and prosperity and (2) the Committee on Foreign Affairs and diversity and access to safe drinking water; strengthen democratic resilience; the Committee on Appropriations of the (C) fisheries and marine resource conserva- (3) the United States should seek to expand House of Representatives. tion; and avenues of cooperation with the Quad, in- SEC. 3202. UNITED STATES COMMITMENT AND (D) meeting environmental challenges and cluding more regular military-to-military SUPPORT FOR ALLIES AND PART- developing resilience; and dialogues, joint exercises, and coordinated NERS IN THE INDO-PACIFIC. (9) the Secretary of State, in coordination policies related to shared interests such as (a) SENSE OF CONGRESS.—It is the sense of with the Secretary of Defense and the Ad- protecting cyberspace and advancing mari- Congress that— ministrator of the United States Agency for time security; (1) the United States treaty alliances in International Development, should facilitate (4) the recent pledge from the first-ever the Indo-Pacific provide a unique strategic a robust interagency Indo-Pacific climate re- Quad leaders meeting on March 12, 2021, to

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2662 CONGRESSIONAL RECORD — SENATE May 18, 2021 respond to the economic and health impacts Foreign Relations (unless the majority lead- border commerce, and support the ASEAN of COVID–19, including expanding safe, af- er and minority leader determine otherwise). Economic Community’s (AEC) goals, includ- fordable, and effective vaccine production (3) MEETINGS.— ing strong, inclusive, and sustainable long- and equitable access, and to address shared (A) IN GENERAL.—The United States Group term economic growth and cooperation with challenges, including in cyberspace, critical shall seek to meet not less frequently than the United States that focuses on innovation technologies, counterterrorism, quality in- annually with representatives and appro- and capacity-building efforts in technology, frastructure investment, and humanitarian priate staff of the legislatures of Japan, Aus- education, disaster management, food secu- assistance and disaster relief, as well as mar- tralia, and India, and any other country in- rity, human rights, and trade facilitation, itime domains, further advances the impor- vited by mutual agreement of the Quad particularly for ASEAN’s poorest countries; tant cooperation among Quad nations that is countries. (4) urge ASEAN to continue its efforts to so critical to the Indo-Pacific region; (B) LIMITATION.—A meeting described in foster greater integration and unity within (5) building upon their partnership to help subparagraph (A) may be held— the ASEAN community, as well as to foster finance 1,000,000,000 or more COVID–19 vac- (i) in the United States; greater integration and unity with non- cines by the end of 2022 for use in the Indo- (ii) in another Quad country during periods ASEAN economic, political, and security Pacific region, the United States Inter- when Congress is not in session; or partners, including Japan, the Republic of national Development Finance Corporation, (iii) virtually. Korea, Australia, the European Union, Tai- the Japan International Cooperation Agen- (4) CHAIRPERSON AND VICE CHAIRPERSON.— wan, and India; cy, and the Japan Bank for International Co- (A) HOUSE DELEGATION.—The Speaker of (5) recognize the value of strategic eco- operation, including through partnerships the House of Representatives shall designate nomic initiatives like United States-ASEAN with other multilateral development banks, the chairperson or vice chairperson of the Connect, which demonstrates a commitment should also venture to finance development delegation of the United States Group from to ASEAN and the AEC and builds upon eco- and infrastructure projects in the Indo-Pa- the House from among members of the Com- nomic relationships in the region; cific region that are sustainable and offer a mittee on Foreign Affairs. (6) support ASEAN nations in addressing viable alternative to the investments of the (B) SENATE DELEGATION.—The President maritime and territorial disputes in a con- People’s Republic of China in that region Pro Tempore of the Senate shall designate structive manner and in pursuing claims under the Belt and Road Initiative; the chairperson or vice chairperson of the through peaceful, diplomatic, and, as nec- (6) in consultation with other Quad coun- delegation of the United States Group from essary, legitimate regional and international tries, the President should establish clear the Senate from among members of the Com- arbitration mechanisms, consistent with deliverables for the 3 new Quad Working mittee on Foreign Relations. international law, including through the Groups established on March 12, 2021, which (5) AUTHORIZATION OF APPROPRIATIONS.— adoption of a code of conduct in the South are— (A) IN GENERAL.—There is authorized to be China Sea that represents the interests of all (A) the Quad Vaccine Experts Working appropriated $1,000,000 for each of the fiscal parties and promotes peace and stability in Group; years 2022 through 2025 for the United States the region; (B) the Quad Climate Working Group; and Group. (7) urge all parties involved in the mari- (C) the Quad Critical and Emerging Tech- (B) DISTRIBUTION OF APPROPRIATIONS.— time and territorial disputes in the Indo-Pa- nology Working Group; and (i) IN GENERAL.—For each fiscal year for cific region, including the Government of the (7) the formation of a Quad Intra-Par- which an appropriation is made for the People’s Republic of China— liamentary Working Group could— United States Group, half of the amount ap- (A) to cease any current activities, and (A) sustain and deepen engagement be- propriated shall be available to the delega- avoid undertaking any actions in the future, tween senior officials of the Quad countries tion from the House of Representatives and that undermine stability, or complicate or on a full spectrum of issues; and half of the amount shall be available to the escalate disputes through the use of coer- (B) be modeled on the successful and long- delegation from the Senate. cion, intimidation, or military force; standing bilateral intra-parliamentary (ii) METHOD OF DISTRIBUTION.—The (B) to demilitarize islands, reefs, shoals, groups between the United States and Mex- amounts available to the delegations of the and other features, and refrain from new ef- ico, Canada, and the United Kingdom, as well House of Representatives and the Senate forts to militarize, including the construc- as other formal and informal parliamentary under clause (i) shall be disbursed on vouch- tion of new garrisons and facilities and the exchanges. ers to be approved by the chairperson of the delegation from the House of Representa- relocation of additional military personnel, SEC. 3204. ESTABLISHMENT OF QUAD INTRA-PAR- material, or equipment; LIAMENTARY WORKING GROUP. tives and the chairperson of the delegation (C) to oppose actions by any country that (a) ESTABLISHMENT.—Not later than 30 days from the Senate, respectively. after the date of the enactment of this Act, (6) PRIVATE SOURCES.—The United States prevent other countries from exercising their the Secretary of State shall seek to enter Group may accept gifts or donations of serv- sovereign rights to the resources in their ex- into negotiations with the governments of ices or property, subject to the review and clusive economic zones and continental Japan, Australia, and India (collectively, approval, as appropriate, of the Committee shelves by enforcing claims to those areas in with the United States, known as the on Ethics of the House of Representatives the South China Sea that lack support in ‘‘Quad’’) with the goal of reaching a written and the Committee on Ethics of the Senate. international law; and agreement to establish a Quad Intra-Par- (7) CERTIFICATION OF EXPENDITURES.—The (D) to oppose unilateral declarations of ad- liamentary Working Group for the purpose of certificate of the chairperson of the delega- ministrative and military districts in con- acting on the recommendations of the Quad tion from the House of Representatives or tested areas in the South China Sea; Working Groups described in section 203(6) the chairperson of the delegation from the (8) urge parties to refrain from unilateral and to facilitate closer cooperation on Senate of the United States Group shall be actions that cause permanent physical dam- shared interests and values. final and conclusive upon the accounting of- age to the marine environment and support (b) UNITED STATES GROUP.— ficers in the auditing of the accounts of the the efforts of the National Oceanic and At- (1) IN GENERAL.—At such time as the gov- United States Group. mospheric Administration and ASEAN to ernments of the Quad countries enter into a (8) ANNUAL REPORT.—The United States implement guidelines to address the illegal, written agreement described in subsection Group shall submit to the Committee on unreported, and unregulated fishing in the (a), there shall be established a United Foreign Affairs of the House of Representa- region; States Group, which shall represent the tives and the Committee on Foreign Rela- (9) urge ASEAN member states to develop United States at the Quad Intra-Parliamen- tions of the Senate a report for each fiscal a common approach to reaffirm the decision tary Working Group. year for which an appropriation is made for of the Permanent Court of Arbitration’s 2016 (2) MEMBERSHIP.— the United States Group, which shall include ruling in favor of the Republic of the Phil- (A) IN GENERAL.—The United States Group a description of its expenditures under such ippines in the case against the People’s Re- shall be comprised of not more than 24 Mem- appropriation. public of China’s excessive maritime claims; bers of Congress. SEC. 3205. STATEMENT OF POLICY ON COOPERA- (10) reaffirm the commitment of the (B) APPOINTMENT.—Of the Members of Con- TION WITH ASEAN. United States to continue joint efforts with gress appointed to the United States Group It is the policy of the United States to— ASEAN to halt human smuggling and traf- under subparagraph (A)— (1) stand with the nations of the Associa- ficking in persons and urge ASEAN to create (i) half shall be appointed by the Speaker tion of Southeast Asian Nations (ASEAN) as and strengthen regional mechanisms to proof the House of Representatives from among they respond to COVID–19 and support great- vide assistance and support to refugees and Members of the House, not less than 4 of er cooperation in building capacity to pre- migrants; whom shall be members of the Committee on pare for and respond to pandemics and other (11) support the Mekong-United States Foreign Affairs; and public health challenges; Partnership; (ii) half shall be appointed by the President (2) support high-level United States par- (12) support newly created initiatives with Pro Tempore of the Senate, based on rec- ticipation in the annual ASEAN Summit ASEAN countries, including the United ommendations of the majority leader and held each year; States-ASEAN Smart Cities Partnership, the minority leader of the Senate, from among (3) reaffirm the importance of United ASEAN Policy Implementation Project, the Members of the Senate, not less than 4 of States-ASEAN economic engagement, in- United States-ASEAN Innovation Circle, and whom shall be members of the Committee on cluding the elimination of barriers to cross- the United States-ASEAN Health Futures;

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(13) encourage the President to commu- will impact Indo-Pacific security over the (d) DEFINITION.—In this section, the term nicate to ASEAN leaders the importance of coming decades. ‘‘international organizations’’ includes the promoting the rule of law and open and SEC. 3207. REPORT ON CHINESE INFLUENCE IN following: transparent government, strengthening civil INTERNATIONAL ORGANIZATIONS. (1) The African Development Bank. society, and protecting human rights, in- (a) REPORT REQUIRED.—Not later than 180 (2) The Asian Development Bank. cluding releasing political prisoners, ceasing days after the date of the enactment of this (3) The Asia Pacific Economic Cooperation. politically motivated prosecutions and arbi- Act, the Secretary of State, in coordination (4) The Bank of International Settlements. trary killings, and safeguarding freedom of with the Director of National Intelligence, (5) The Caribbean Development Bank. the press, freedom of assembly, freedom of shall submit to the Committee on Foreign (6) The Food and Agriculture Organization. religion, and freedom of speech and expres- Relations and the Select Committee on In- (7) The International Atomic Energy Agen- sion; telligence of the Senate and the Committee cy. (14) support efforts by organizations in on Foreign Affairs and the Permanent Select (8) The International Bank for Reconstruc- ASEAN that address corruption in the public Committee on Intelligence of the House of tion and Development. and private sectors, enhance anti-bribery Representatives a report on the expanded in- (9) The International Bureau of Weights compliance, enforce bribery criminalization fluence of the Government of the People’s and Measures. in the private sector, and build beneficial Republic of China and the Chinese Com- (10) The International Chamber of Com- ownership transparency through the ASEAN- munist Party in international organizations. merce. (b) CONTENTS.—The report required by sub- USAID PROSPECT project partnered with (11) The International Civil Aviation Orga- section (a) shall include analysis of the fol- the South East Asia Parties Against Corrup- nization. lowing: tion (SEA-PAC); (1) The influence of the PRC and Chinese (12) The International Criminal Police Or- (15) support the Young Southeast Asian Communist Party in international organiza- ganization. Leaders Initiative as an example of a people- tions and how that influence has expanded (13) The International Finance Corpora- to-people partnership that provides skills, over the last 10 years, including— tion. networks, and leadership training to a new (A) tracking countries’ voting patterns (14) The International Fund for Agricul- generation that will create and fill jobs, fos- that align with Chinese government voting tural Development. ter cross-border cooperation and partner- patterns; (15) The International Hydrographic Orga- ships, and rise to address the regional and (B) the number of PRC nationals in leader- nization. global challenges of the future; ship positions at the D–1 level or higher; (16) The International Labor Organization. (16) support the creation of initiatives (C) changes in PRC voluntary and manda- (17) The International Maritime Organiza- similar to the Young Southeast Asian Lead- tory funding by organization; tion. ers Initiative for other parts of the Indo-Pa- (D) adoption of Chinese Communist Party (18) The International Monetary Fund. cific to foster people-to-people partnerships phrases and initiatives in international orga- (19) The International Olympic Committee. with an emphasis on civil society leaders; nization language and programming; (20) The International Organization for Mi- (17) acknowledge those ASEAN govern- (E) efforts by the PRC to secure legitimacy gration. ments that have fully upheld and imple- for its own foreign policy initiatives, includ- (21) The International Organization for mented all United Nations Security Council ing the Belt and Road Initiative; Standardization. resolutions and international agreements (F) the number of Junior Professional Offi- (22) The International Renewable Energy with respect to the Democratic People’s Re- cers that the Government of the People’s Re- Agency. public of Korea’s nuclear and ballistic mis- public of China has funded by organization; (23) The International Telecommuni- sile programs and encourage all other (G) tactics used by the Government of the cations Union. ASEAN governments to do the same; and People’s Republic of China or the CCP to ma- (24) The Organization for Economic Co- (18) allocate appropriate resources across nipulate secret or otherwise non-public vot- operation and Development. the United States Government to articulate ing measures, voting bodies, or votes; (25) The Organization for the Prohibition and implement an Indo-Pacific strategy that (H) the extent to which technology compa- of Chemical Weapons. respects and supports ASEAN centrality and nies incorporated in the PRC, or which have (26) The United Nations. supports ASEAN as a source of well-func- PRC or CCP ownership interests, provide (27) The United Nations Conference on tioning and problem-solving regional archi- equipment and services to international or- Trade and Development. tecture in the Indo-Pacific community. ganizations; and (28) The United Nations Educational, Sci- entific, and Cultural Organization. SEC. 3206. SENSE OF CONGRESS ON ENHANCING (I) efforts by the PRC’s United Nations UNITED STATES–ASEAN COOPERA- Mission to generate criticism of the United (29) The United Nations Industrial Devel- TION ON TECHNOLOGY ISSUES WITH States in the United Nations, including any opment Organization. RESPECT TO THE PEOPLE’S REPUB- efforts to highlight delayed United States (30) The United Nations Institute for LIC OF CHINA. payments or to misrepresent total United Training and Research. It is the sense of Congress that— States voluntary and assessed financial con- (31) The United Nations Truce Supervision (1) the United States and ASEAN should tributions to the United Nations and its spe- Organization. complete a joint analysis on risks of over- cialized agencies and programs. (32) The Universal Postal Union. reliance on Chinese equipment critical to (2) The purpose and ultimate goals of the (33) The World Customs Organization. strategic technologies and critical infra- expanded influence of the PRC government (34) The World Health Organization. structure; and the Chinese Communist Party in inter- (35) The World Intellectual Property Orga- (2) the United States and ASEAN should national organizations, including an analysis nization. share information about and collaborate on of PRC Government and Chinese Communist (36) The World Meteorological Organiza- screening Chinese investments in strategic Party strategic documents and rhetoric. tion. technology sectors and critical infrastruc- (3) The tactics and means employed by the (37) The World Organization for Animal ture; PRC government and the Chinese Com- Health. (3) the United States and ASEAN should munist Party to achieve expanded influence (38) The World Tourism Organization. work together on appropriate import restric- in international organizations, including— (39) The World Trade Organization. tion regimes regarding Chinese exports of (A) incentive programs for PRC nationals (40) The World Bank Group. surveillance technologies; to join and run for leadership positions in SEC. 3208. REGULATORY EXCHANGES WITH AL- (4) the United States should urge ASEAN international organizations; LIES AND PARTNERS. to adopt its March 2019 proposed sanctions (B) coercive economic and other practices (a) IN GENERAL.—The Secretary of State, regime targeting cyber attacks; against other members in the organization; in coordination with the heads of other par- (5) the United States should urge ASEAN and ticipating executive branch agencies, shall to commit to the September 2019 principles (C) economic or other incentives provided establish and develop a program to facilitate signed by 28 countries regarding ‘‘Advancing to international organizations, including do- and encourage regular dialogues between Responsible State Behavior in Cyberspace’’, nations of technologies or goods. United States Government regulatory and a set of commitments that support the (4) The successes and failures of the PRC technical agencies and their counterpart or- ‘‘rules-based international order, affirm the government and Chinese Communist Party ganizations in allied and partner countries, applicability of international law to state- influence efforts in international organiza- both bilaterally and in relevant multilateral on-state behavior, adherence to voluntary tions, especially those related to human institutions and organizations— norms of responsible state behavior in peace- rights, ‘‘internet sovereignty’’, the develop- (1) to promote best practices in regulatory time, and the development and implementa- ment of norms on artificial intelligence, formation and implementation; tion of practical confidence building meas- labor, international standards setting, and (2) to collaborate to achieve optimal regu- ures to help reduce the risk of conflict stem- freedom of navigation. latory outcomes based on scientific, tech- ming from cyber incidents’’; and (c) FORM.—The report submitted under nical, and other relevant principles; (6) the United States and ASEAN should subsection (a) shall be submitted in unclassi- (3) to seek better harmonization and align- explore how Chinese investments in critical fied form, but may include a classified ment of regulations and regulatory prac- technology, including artificial intelligence, annex. tices;

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Group, and the Missile Technology Control evant protections in regulatory formation (2) OFFICE LIAISONS.—The Secretary of Regime; supply chain security; and invest- and implementation, in keeping with the Commerce and the Secretary of the Treasury ment in or licensing of critical infrastruc- values of free and open societies, including shall each appoint, from within their respec- ture and dual-use technologies; the rule of law. tive departments at the level of GS–14 or (7) coordinating with members of tech- (b) PRIORITIZATION OF ACTIVITIES.—In fa- higher, liaisons between the Office and the nology partnerships on other policies regard- cilitating expert exchanges under subsection Department of Commerce or the Department ing the use and control of emerging and (a), the Secretary shall prioritize— of the Treasury, as applicable, to perform foundational technologies through appro- (1) bilateral coordination and collaboration the following duties: priate restrictions, investment screening, with countries where greater regulatory co- (A) Collaborate with the Department of and appropriate measures with respect to herence, harmonization of standards, or com- State on relevant technology initiatives and technology transfers; munication and dialogue between technical partnerships. (8) coordinating policies, in coordination agencies is achievable and best advances the (B) Provide technical and other relevant with the Department of Commerce, around economic and national security interests of expertise to the Office, as appropriate. the resiliency of supply chains in critical the United States; (d) MEMBERSHIP.—In addition to the liai- technology areas, including possible diver- (2) multilateral coordination and collabo- sons referred to in subsection (c), the Office sification of supply chain components to ration where greater regulatory coherence, shall include a representative or expert countries involved in technology partner- harmonization of standards, or dialogue on detailee from key Federal agencies, as deter- ships with the United States, while also other relevant regulatory matters is achiev- mined by the Ambassador-at-Large for Tech- maintaining transparency surrounding sub- able and best advances the economic and na- nology. sidies and product origins; tional security interests of the United (e) PURPOSES.—The purposes of the Office (9) sharing information regarding the tech- shall include responsibilities such as— States, including with— nology transfer threat posed by authori- (1) creating, overseeing, and carrying out (A) the European Union; tarian governments and the ways in which technology partnerships with countries and (B) the Asia-Pacific Economic Coopera- autocratic regimes are utilizing technology relevant political and economic unions that tion; to erode individual freedoms and other foun- are committed to— (C) the Association of Southeast Asian Na- dations of open, democratic societies; (A) the rule of law, freedom of speech, and tions (ASEAN); (10) administering the establishment of— respect for human rights; (D) the Organization for Economic Co- (A) the common funding mechanism for de- (B) the safe and responsible development operation and Development (OECD); and velopment and adoption of measurably se- and use of new and emerging technologies (E) multilateral development banks; and cure semiconductors and measurably secure and the establishment of related norms and semiconductors supply chains created in and (3) regulatory practices and standards-set- standards; ting bodies focused on key economic sectors in accordance with the requirements of sec- (C) a secure internet architecture governed tion 9905 of the William M. (Mac) Thornberry and emerging technologies. by a multi-stakeholder model instead of cen- (c) PARTICIPATION BY NON-GOVERNMENTAL National Defense Authorization Act for Fis- tralized government control; ENTITIES.—With regard to the program de- cal Year 2021 (Public Law 116–283); and (D) robust international cooperation to scribed in subsection (a), the Secretary of (B) the multilateral telecommunications promote an open internet and interoperable State may facilitate, including through the security fund created in and in accordance technological products and services that are use of amounts appropriated pursuant to with the requirements of section 9202 of such necessary to freedom, innovation, trans- subsection (e), the participation of private Act; and parency, and privacy; and sector representatives, and other relevant (11) collaborating with private companies, (E) multilateral coordination, including organizations and individuals with relevant trade associations, and think tanks to real- through diplomatic initiatives, information expertise, as appropriate and to the extent ize the purposes of paragraphs (1) through sharing, and other activities, to defend the that such participation advances the goals of (10). principles described in subparagraphs (A) such program. (f) SPECIAL HIRING AUTHORITIES.—The Sec- through (D) against efforts by state and non- (d) DELEGATION OF AUTHORITY BY THE SEC- retary of State may— state actors to undermine them; RETARY.—The Secretary of State is author- (1) appoint employees without regard to ized to delegate the responsibilities de- (2) harmonizing technology governance re- the provisions of title 5, United States Code, scribed in this section to the Under Sec- gimes with partners, coordinating on basic regarding appointments in the competitive retary of State for Economic Growth, En- and pre-competitive research and develop- service; and ergy, and the Environment. ment initiatives, and collaborating to pursue (2) fix the basic compensation of such em- (e) AUTHORIZATION OF APPROPRIATIONS.— such opportunities in key technologies, in- ployees without regard to chapter 51 and (1) IN GENERAL.—There is authorized to be cluding— subchapter III of chapter 53 of such title re- appropriated $2,500,000 for each of fiscal (A) artificial intelligence and machine garding classification and General Schedule years 2022 through 2026 to carry out this sec- learning; pay rates. tion. (B) 5G telecommunications and other ad- (g) REPORT.—Not later than one year after (2) USE OF FUNDS.—The Secretary may vanced wireless networking technologies; the date of the enactment of this Act, and make available amounts appropriated pursu- (C) semiconductor manufacturing; annually thereafter for the next 3 years, the ant to paragraph (1) in a manner that— (D) biotechnology; Secretary of State, in coordination with the (A) facilitates participation by representa- (E) quantum computing; Director for National Intelligence, shall sub- tives from technical agencies within the (F) surveillance technologies, including fa- mit an unclassified report to the appropriate United States Government and their coun- cial recognition technologies and censorship congressional committees, with a classified terparts; and software; and index, if necessary, regarding— (B) complies with applicable procedural re- (G) fiber optic cables; (1) the activities of the Office, including quirements under the State Department (3) coordinating with such countries re- any cooperative initiatives and partnerships Basic Authorities Act of 1956 (22 U.S.C. 2651a garding shared technology strategies, includ- pursued with United States allies and part- et seq.) and the Foreign Assistance Act of ing technology controls and standards, as ners, and the results of those activities, ini- 1961 (22 U.S.C. 2151 et seq.). well as strategies with respect to the devel- tiatives, and partnerships; and SEC. 3209. TECHNOLOGY PARTNERSHIP OFFICE opment and acquisition of key technologies (2) the activities of the Government of the AT THE DEPARTMENT OF STATE. to provide alternatives for those countries Peoples’ Republic of China, the Chinese Com- (a) STATEMENT OF POLICY.—It shall be the utilizing systems supported by authoritarian munist Party, and the Russian Federation in policy of the United States to lead new tech- regimes; key technology sectors and the threats they nology policy partnerships focused on the (4) supporting and expanding adherence to pose to the United States, including— shared interests of the world’s technology- international treaties and frameworks gov- (A) artificial intelligence and machine leading democracies. erning the responsible use of new and emerg- learning; (b) ESTABLISHMENT.—The Secretary of ing technologies; (B) 5G telecommunications and other ad- State shall establish an interagency-staffed (5) coordinating the adoption of shared vanced wireless networking technologies; Technology Partnership Office (referred to in data privacy, data sharing, and data (C) semiconductor manufacturing; this section as the ‘‘Office’’), which shall be archiving standards among the United (D) biotechnology; housed in the Department of State. States and partner countries and relevant (E) quantum computing; (c) LEADERSHIP.— economic and political unions, including (F) surveillance technologies, including fa- (1) AMBASSADOR-AT-LARGE.—The Office complementary data protection regulations; cial recognition technologies and censorship shall be headed by an Ambassador-at-Large (6) coordinating with other technology software; and for Technology, who shall— partners on export control policies, including (G) fiber optic cables.

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(h) SENSE OF CONGRESS ON ESTABLISHING and findings pertaining to equipment that telecommunications sector of the People’s INTERNATIONAL TECHNOLOGY PARTNERSHIP.— supports or is used in 5th and future genera- Republic of China, including under section It is the sense of Congress that the Ambas- tion mobile telecommunications systems 1260I of the National Defense Authorization sador-at-Large for Technology should seek and infrastructure and cooperation on miti- Act for Fiscal Year 2020 (Public Law 116–92). to establish an International Technology gating such risks; (I) Section 311 of the Countering America’s Partnership for the purposes described in (iii) China’s presence and activities at Adversaries Through Sanctions Act of 2018 this section with foreign countries that international standards-setting bodies rel- (Public Law 115–44; 131 Stat. 942). have— evant to 5th and future generation mobile (J) The prohibition on the export of cov- (1) a democratic national government and telecommunications systems and infrastruc- ered munitions and crime control items to a strong commitment to democratic values, ture, including information on the dif- the Hong Kong Police Force under the Act including an adherence to the rule of law, ferences in the scope and scale of China’s en- entitled ‘‘An Act to prohibit the commercial freedom of speech, and respect for and pro- gagement at such bodies compared to en- export of covered munitions and crime con- motion of human rights; gagement by the United States or its allies trol items to the Hong Kong Police Force’’, (2) an economy with advanced technology and partners and the security risks raised by approved November 27, 2019 (Public Law 116– sectors; and Chinese proposals in such standards-setting 77; 133 Stat. 1173), as amended by section 1252 (3) a demonstrated record of trust or an ex- bodies; and of the William M. (Mac) Thornberry National pressed interest in international cooperation (iv) engagement with private sector com- Defense Authorization Act for Fiscal Year and coordination with the United States on munications and information service pro- 2021 (Public Law 116–283). important defense and intelligence issues. viders, equipment developers, academia, Fed- (5) Full implementation of the authorities SEC. 3210. UNITED STATES REPRESENTATION IN erally funded research and development cen- described in paragraph (4) is required under STANDARDS-SETTING BODIES. ters, and other private-sector stakeholders the respective laws described therein and (a) SHORT TITLE.—This section may be to propose and develop secure standards for pursuant to the Take Care Clause of the Con- cited as the ‘‘Promoting United States Inter- equipment, systems, software, and virtually stitution (article II, section 3). national Leadership in 5G Act of 2021’’. defined networks that support 5th and future (b) SENSE OF CONGRESS.—It is the sense of (b) SENSE OF CONGRESS.—It is the sense of generation mobile telecommunications sys- Congress that— Congress that— tems and infrastructure. (1) the United States and its allies and (1) the executive branch has not fully im- (B) SUBSEQUENT BRIEFINGS.—Upon receiv- plemented the sanctions and other restric- partners should maintain participation and ing a request from the appropriate congres- leadership at international standards-setting tions described in subsection (a)(4) despite sional committees, or as determined appro- the statutory and constitutional require- bodies for 5th and future generation mobile priate by the chair of the interagency work- telecommunications systems and infrastruc- ments to do so; and ing group established pursuant to paragraph (2) the President’s full implementation and ture; (1), the interagency working group shall pro- (2) the United States should work with its execution of the those authorities is a nec- vide such committees an updated briefing essary and essential component to the suc- allies and partners to encourage and facili- that covers the matters described in clauses tate the development of secure supply chains cess of the United States in the strategic (i) through (iv) of subparagraph (A). competition with China. and networks for 5th and future generation SEC. 3211. SENSE OF CONGRESS ON CENTRALITY SEC. 3212. SENSE OF CONGRESS ON NEGOTIA- mobile telecommunications systems and in- OF SANCTIONS AND OTHER RE- TIONS WITH G7 AND G20 COUNTRIES. frastructure; and STRICTIONS TO STRATEGIC COM- (3) the maintenance of a high standard of PETITION WITH CHINA. (a) IN GENERAL.—It is the sense of Congress security in telecommunications and cyber- (a) FINDINGS.—Congress makes the fol- that the President, acting through the Sec- space between the United States and its allowing findings: retary of State, should initiate an agenda lies and partners is a national security inter- (1) Sanctions and other restrictions, when with G7 and G20 countries on matters rel- est of the United States. used as part of a coordinated and comprehen- evant to economic and democratic freedoms, (c) ENHANCING REPRESENTATION AND LEAD- sive strategy, are a powerful tool to advance including the following: ERSHIP OF UNITED STATES AT INTERNATIONAL United States foreign policy and national se- (1) Trade and investment issues and en- STANDARDS-SETTING BODIES.— curity interests. forcement. (1) IN GENERAL.—The President shall— (2) Congress has authorized and mandated (2) Building support for international in- (A) establish an interagency working group a broad range of sanctions and other restric- frastructure standards, including those to provide assistance and technical expertise tions to address malign behavior and agreed to at the G20 summit in Osaka in 2018. to enhance the representation and leadership incentivize behavior change by individuals (3) The erosion of democracy and human of the United States at international bodies and entities in the PRC. rights. that set standards for equipment, systems, (3) The sanctions and other restrictions au- (4) The security of 5G telecommunications. software, and virtually defined networks thorized and mandated by Congress address a (5) Anti-competitive behavior, such as in- that support 5th and future generation mo- range of malign PRC behavior, including— tellectual property theft, massive subsidiza- bile telecommunications systems and infra- (A) intellectual property theft; tion of companies, and other policies and structure, such as the International Tele- (B) cyber-related economic espionage; practices. communication Union and the 3rd Genera- (C) repression of ethnic minorities; (6) Predatory international sovereign lend- tion Partnership Project; and (D) other human rights abuses; ing that is inconsistent with Organisation (B) work with allies, partners, and the pri- (E) abuses of the international trading sys- for Economic Cooperation and Development vate sector to increase productive engage- tem; (OECD) and Paris Club principles. ment. (F) illicit assistance to and trade with the (7) International influence campaigns. (2) INTERAGENCY WORKING GROUP.—The Government of the Democratic People’s Re- (8) Environmental standards. interagency working group described in public of Korea; and (9) Coordination with like-minded regional paragraph (1)— (G) drug trafficking, including trafficking partners that are not in the G7 and G20. (A) shall be chaired by the Secretary of in fentanyl and other opioids; SEC. 3213. ENHANCING THE UNITED STATES-TAI- State or a designee of the Secretary of State; (4) The sanctions and other restrictions de- WAN PARTNERSHIP. and scribed in this section include the following: (a) STATEMENT OF POLICY.—It is the policy (B) shall consist of the head (or designee) (A) The Global Magnitsky Human Rights of the United States— of each Federal department or agency the Accountability Act (subtitle F of title XII of (1) to recognize Taiwan as a vital part of President determines appropriate. Public Law 114–328; 22 U.S.C. 2656 note). the United States Indo-Pacific strategy; (3) BRIEFINGS.— (B) Section 1637 of the Carl Levin and How- (2) to advance the security of Taiwan and (A) IN GENERAL.—Not later than 180 days ard P. ‘‘Buck’’ McKeon National Defense Au- its democracy as key elements for the con- after the date of the enactment of this Act, thorization Act for Fiscal Year 2015 (50 tinued peace and stability of the greater and subsequently thereafter as provided U.S.C. 1708). Indo-Pacific region, and a vital national se- under subparagraph (B), the interagency (C) The Fentanyl Sanctions Act (21 U.S.C. curity interest of the United States; working group described in paragraph (1) 2301 et seq.). (3) to reinforce its commitments to Taiwan shall provide a strategy to the appropriate (D) The Hong Kong Autonomy Act (Public under the Taiwan Relations Act (Public Law congressional committees that addresses— Law 116–149; 22 U.S.C. 5701 note). 96–8) and the ‘‘Six Assurances’’; (i) promotion of United States leadership (E) Section 7 of the Hong Kong Human (4) to support Taiwan’s implementation of at international standards-setting bodies for Rights and Democracy Act of 2019 (Public its asymmetric defense strategy, including equipment, systems, software, and virtually Law 116–76; 22 U.S.C. 5701 note). the priorities identified in Taiwan’s Overall defined networks relevant to 5th and future (F) Section 6 of the Uyghur Human Rights Defense Concept; generation mobile telecommunications sys- Policy Act of 2020 (Public Law 116–145; 22 (5) to urge Taiwan to increase its defense tems and infrastructure, taking into account U.S.C. 6901 note). spending in order to fully resource its de- the different processes followed by the var- (G) The Export Control Reform Act of 2018 fense strategy; ious international standard-setting bodies; (50 U.S.C. 4801 et seq.). (6) to conduct regular transfers of defense (ii) diplomatic engagement with allies and (H) Export control measures required to be articles to Taiwan in order to enhance Tai- partners to share security risk information maintained with respect to entities in the wan’s self-defense capabilities, particularly

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2666 CONGRESSIONAL RECORD — SENATE May 18, 2021 its efforts to develop and integrate asym- (4) The creation of a United States fellow- Program’’ (referred to in this subsection as metric capabilities, including anti-ship, ship program with Taiwan would support— the ‘‘Program’’) to provide a fellowship op- coastal defense, anti-armor, air defense, un- (A) a key priority of expanding people-to- portunity in Taiwan of up to 2 years for eli- dersea warfare, advanced command, control, people exchanges, which was outlined in gible United States citizens. The Department communications, computers, intelligence, President Donald J. Trump’s 2017 National of State, in consultation with the American surveillance, and reconnaissance, and resil- Security Strategy; Institute in Taiwan and the implementing ient command and control capabilities, into (B) President Joseph R. Biden’s commit- partner, may modify the name of the Pro- its military forces; ment to Taiwan, ‘‘a leading democracy and a gram. (7) to advocate and actively advance Tai- critical economic and security partner,’’ as (2) COOPERATIVE AGREEMENT.— wan’s meaningful participation in the United expressed in his March 2021 Interim National (A) IN GENERAL.—The American Institute Nations, the World Health Assembly, the Security Strategic Guidance; and in Taiwan should use amounts appropriated International Civil Aviation Organization, (C) April 2021 guidance from the Depart- pursuant to subsection (h)(1) to enter into an the International Criminal Police Organiza- ment of State based on a review required annual or multi-year cooperative agreement tion, and other international bodies as ap- under the Taiwan Assurance Act of 2020 (sub- with an appropriate implementing partner. propriate; title B of title III of division FF of Public (B) FELLOWSHIPS.—The Department of (8) to advocate for information sharing Law 116–260) to ‘‘encourage U.S. government State, in consultation with the American In- with Taiwan in the International Agency for engagement with Taiwan that reflects our stitute in Taiwan and, as appropriate, the Research on Cancer; deepening unofficial relationship’’. implementing partner, should award to eligi- (9) to promote meaningful cooperation (c) PURPOSES.—The purposes of this section ble United States citizens, subject to avail- among the United States, Taiwan, and other are— able funding— like-minded partners; (1) to further strengthen the United (i) approximately 5 fellowships during the (10) to enhance bilateral trade, including States-Taiwan strategic partnership and first 2 years of the Program; and potentially through new agreements or re- broaden understanding of the Indo-Pacific (ii) approximately 10 fellowships during sumption of talks related to a possible Trade region by temporarily assigning officials of each of the remaining years of the Program. and Investment Framework Agreement; agencies of the United States Government to (3) INTERNATIONAL AGREEMENT; IMPLE- (11) to actively engage in trade talks in Taiwan for intensive study in Mandarin and MENTING PARTNER.—Not later than 30 days pursuance of a bilateral free trade agree- placement as Fellows with the governing au- after the date of the enactment of this Act, ment; thorities on Taiwan or a Taiwanese civic in- the American Institute in Taiwan, in con- (12) to expand bilateral economic and tech- stitution; sultation with the Department of State, nological cooperation, including improving (2) to provide for eligible United States should— supply chain security; personnel to learn or strengthen Mandarin (A) begin negotiations with the Taipei Eco- (13) to support United States educational Chinese language skills and to expand their nomic and Cultural Representative Office, or and exchange programs with Taiwan, includ- understanding of the political economy of with another appropriate entity, for the pur- ing by promoting the study of Chinese lan- Taiwan and the Indo-Pacific region; and pose of entering into an agreement to facili- guage, culture, history, and politics in Tai- (3) to better position the United States to tate the placement of fellows in an agency of wan; and advance its economic, security, and human the governing authorities on Taiwan; and (14) to expand people-to-people exchanges rights interests and values in the Indo-Pa- (B) begin the process of selecting an imple- between the United States and Taiwan. cific region. menting partner, which— (b) SUPPORTING UNITED STATES EDU- (d) DEFINITIONS.—In this section: (i) shall agree to meet all of the legal re- CATIONAL AND EXCHANGE PROGRAMS WITH (1) AGENCY HEAD.—The term ‘‘agency head’’ quirements required to operate in Taiwan; TAIWAN.— means in the case of the executive branch of and (1) ESTABLISHMENT OF THE UNITED STATES- United States Government, or a legislative (ii) shall be composed of staff who dem- TAIWAN CULTURAL EXCHANGE FOUNDATION.— branch agency described in paragraph (2), the onstrate significant experience managing ex- The Secretary of State should consider es- head of the respective agency. change programs in the Indo-Pacific region. tablishing an independent nonprofit that— (2) AGENCY OF THE UNITED STATES GOVERN- (4) CURRICULUM.— (A) is dedicated to deepening ties between MENT.—The term ‘‘agency of the United (A) FIRST YEAR.—During the first year of the future leaders of Taiwan and the United States Government’’ includes the Govern- each fellowship under this subsection, each States; and ment Accountability Office, Congressional fellow should study— (B) works with State and local school dis- Budget Office, or the Congressional Research (i) the Mandarin Chinese language; tricts and educational institutions to send Service of the legislative branch as well as (ii) the people, history, and political cli- high school and university students to Tai- any agency of the executive branch. mate on Taiwan; and wan to study the Chinese language, culture, (3) APPROPRIATE COMMITTEES OF CON- (iii) the issues affecting the relationship history, politics, and other relevant subjects. GRESS.—The term ‘‘appropriate committees between the United States and the Indo-Pa- (2) PARTNER.—State and local school dis- of Congress’’ means— cific region. tricts and educational institutions, including (A) the Committee on Appropriations of (B) SECOND YEAR.—During the second year public universities, are encouraged to part- the Senate; of each fellowship under this subsection, ner with the Taipei Economic and Cultural (B) the Committee on Foreign Relations of each fellow, subject to the approval of the Representative Office in the United States to the Senate; Department of State, the American Institute establish programs to promote an increase in (C) the Committee on Appropriations of in Taiwan, and the implementing partner, educational and cultural exchanges. the House of Representatives; and and in accordance with the purposes of this SEC. 3214. TAIWAN FELLOWSHIP PROGRAM. (D) the Committee on Foreign Affairs of section, should work in— (a) SHORT TITLE.—This section may be the House of Representatives. (i) a parliamentary office, ministry, or cited as the ‘‘Taiwan Fellowship Act’’. (4) DETAILEE.—The term ‘‘detailee’’— other agency of the governing authorities on (b) FINDINGS.—Congress finds the fol- (A) means an employee of a branch of the Taiwan; or lowing: United States Government on loan to the (ii) an organization outside of the gov- (1) The Taiwan Relations Act (Public Law American Institute in Taiwan, without a erning authorities on Taiwan, whose inter- 96–8; 22 U.S.C. 3301 et seq.) affirmed United change of position from the agency at which ests are associated with the interests of the States policy ‘‘to preserve and promote ex- he or she is employed; and fellow and the agency of the United States tensive, close, and friendly commercial, cul- (B) a legislative branch employee from the Government from which the fellow had been tural, and other relations between the people Government Accountability Office, Congres- employed. of the United States and the people on Tai- sional Budget Office, or the Congressional (5) FLEXIBLE FELLOWSHIP DURATION.—Not- wan, as well as the people on the China Research Service. withstanding any requirement under this mainland and all other peoples of the West- (5) IMPLEMENTING PARTNER.—The term subsection, the Secretary of State, in con- ern Pacific area’’. ‘‘implementing partner’’ means any United sultation with the American Institute in (2) Consistent with the Asia Reassurance States organization described in 501(c)(3) of Taiwan and, as appropriate, the imple- Initiative Act of 2018 (Public Law 115–409), the Internal Revenue Code of 1986 that— menting partner, may award fellowships that the United States has grown its strategic (A) performs logistical, administrative, have a duration of less than two years, and partnership with Taiwan’s vibrant democ- and other functions, as determined by the may alter the curriculum requirements racy of 23,000,000 people. Department of State and the American Insti- under paragraph (4) for such purposes. (3) Despite a concerted campaign by the tute of Taiwan in support of the Taiwan Fel- (6) SUNSET.—The fellowship program under People’s Republic of China to isolate Taiwan lowship Program; and this subsection shall terminate 7 years after from its diplomatic partners and from inter- (B) enters into a cooperative agreement the date of the enactment of this Act. national organizations, including the World with the American Institute in Taiwan to (f) PROGRAM REQUIREMENTS.— Health Organization, Taiwan has emerged as administer the Taiwan Fellowship Program. (1) ELIGIBILITY REQUIREMENTS.—A United a global leader in the coronavirus global (e) ESTABLISHMENT OF TAIWAN FELLOWSHIP States citizen is eligible for a fellowship pandemic response, including by donating PROGRAM.— under subsection (e) if he or she— more than 2,000,000 surgical masks and other (1) ESTABLISHMENT.—The Secretary of (A) is an employee of the United States medical equipment to the United States. State shall establish the ‘‘Taiwan Fellowship Government;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2667 (B) has received at least one exemplary ciation in support of the Taiwan Fellowship in use by, the implementing partner that are performance review in his or her current Program, including logistical and adminis- necessary to facilitate the audit; and United States Government role within at trative functions, as prescribed by the De- (ii) full facilities for verifying transactions least the last three years prior to beginning partment of State and the American Insti- with the balances or securities held by de- the fellowship; tute in Taiwan. positories, fiscal agents, and custodians. (C) has at least 2 years of experience in any (4) NONCOMPLIANCE.— (D) REPORT.— branch of the United States Government; (A) IN GENERAL.—Any fellow who fails to (i) IN GENERAL.—Not later than 6 months (D) has a demonstrated professional or edu- comply with the requirements under this after the end of each fiscal year, the imple- cational background in the relationship be- subsection shall reimburse the American In- menting partner shall provide a report of the tween the United States and countries in the stitute in Taiwan for— audit conducted for such fiscal year under Indo-Pacific region; and (i) the Federal funds expended for the fel- subparagraph (A) to the Department of State (E) has demonstrated his or her commit- low’s participation in the fellowship, as set and the American Institute in Taiwan. ment to further service in the United States forth in subparagraphs (B) and (C); and (ii) CONTENTS.—Each audit report shall— Government. (ii) interest accrued on such funds (cal- (I) set forth the scope of the audit; (2) RESPONSIBILITIES OF FELLOWS.—Each re- culated at the prevailing rate). (II) include such statements, along with cipient of a fellowship under subsection (e) (B) FULL REIMBURSEMENT.—Any fellow who the auditor’s opinion of those statements, as shall agree, as a condition of such fellow- violates subparagraph (A) or (B) of paragraph may be necessary to present fairly the imple- ship— (2) shall reimburse the American Institute in menting partner’s assets and liabilities, sur- (A) to maintain satisfactory progress in Taiwan in an amount equal to the sum of— plus or deficit, with reasonable detail; language training and appropriate behavior (i) all of the Federal funds expended for the (III) include a statement of the imple- in Taiwan, as determined by the Department fellow’s participation in the fellowship; and menting partner’s income and expenses dur- of State, the American Institute in Taiwan (ii) interest on the amount specified in ing the year; and and, as appropriate, its implementing part- clause (i), which shall be calculated at the (IV) include a schedule of— ner; prevailing rate. (aa) all contracts and cooperative agree- (B) to refrain from engaging in any intel- (C) PRO RATA REIMBURSEMENT.—Any fellow ments requiring payments greater than ligence or intelligence-related activity on who violates paragraph (2)(C) shall reim- $5,000; and behalf of the United States Government; and burse the American Institute in Taiwan in (bb) any payments of compensation, sala- (C) to continue Federal Government eman amount equal to the difference between— ries, or fees at a rate greater than $5,000 per ployment for a period of not less than 4 years (i) the amount specified in subparagraph year. after the conclusion of the fellowship or for (B); and (iii) COPIES.—Each audit report shall be not less than 2 years for a fellowship that is (ii) the product of— produced in sufficient copies for distribution 1 year or shorter. (I) the amount the fellow received in com- to the public. (3) RESPONSIBILITIES OF IMPLEMENTING pensation during the final year of the fellow- (g) TAIWAN FELLOWS ON DETAIL FROM GOV- PARTNER.— ship, including the value of any allowances ERNMENT SERVICE.— (A) SELECTION OF FELLOWS.—The imple- and benefits received by the fellow; multi- (1) IN GENERAL.— menting partner, in close coordination with plied by (A) DETAIL AUTHORIZED.—With the ap- the Department of State and the American (II) the percentage of the period specified proval of the Secretary of State, an agency Institute in Taiwan, shall— in paragraph (2)(C) during which the fellow head may detail, for a period of not more (i) make efforts to recruit fellowship can- did not remain employed by the Federal Gov- than 2 years, an employee of the agency of didates who reflect the diversity of the ernment. the United States Government who has been United States; (5) ANNUAL REPORT.—Not later than 90 days awarded a fellowship under this section, to (ii) select fellows for the Taiwan Fellow- after the selection of the first class of fellows the American Institute in Taiwan for the ship Program based solely on merit, with ap- under this section, and annually thereafter purpose of assignment to the governing au- propriate supervision from the Department for 7 years, the Department of State shall thorities on Taiwan or an organization de- of State and the American Institute in Tai- offer to brief the appropriate committees of scribed in subsection (e)(4)(B)(ii). wan; and Congress regarding the following issues: (B) AGREEMENT.—Each detailee shall enter (iii) prioritize the selection of candidates (A) An assessment of the performance of into a written agreement with the Federal willing to serve a fellowship lasting 1 year or the implementing partner in fulfilling the Government before receiving a fellowship, in longer. purposes of this section. which the fellow shall agree— (B) FIRST YEAR.—The implementing part- (B) The names and sponsoring agencies of (i) to continue in the service of the spon- ner should provide each fellow in the first the fellows selected by the implementing soring agency at the end of fellowship for a year (or shorter duration, as jointly deter- partner and the extent to which such fellows period of at least 4 years (or at least 2 years mined by the Department of State and the represent the diversity of the United States. if the fellowship duration is 1 year or short- American Institute in Taiwan for those who (C) The names of the parliamentary of- er) unless the detailee is involuntarily sepa- are not serving a 2-year fellowship) with— fices, ministries, other agencies of the gov- rated from the service of such agency; and (i) intensive Mandarin Chinese language erning authorities on Taiwan, and non- (ii) to pay to the American Institute in training; and governmental institutions to which each fel- Taiwan any additional expenses incurred by (ii) courses in the political economy of Tai- low was assigned during the second year of the Federal Government in connection with wan, China, and the broader Indo-Pacific. the fellowship. the fellowship if the detailee voluntarily sep- (C) WAIVER OF REQUIRED TRAINING.—The (D) Any recommendations, as appropriate, arates from service with the sponsoring Department of State, in coordination with to improve the implementation of the Tai- agency before the end of the period for which the American Institute in Taiwan and, as ap- wan Fellowship Program, including added the detailee has agreed to continue in the propriate, the implementing partner, may flexibilities in the administration of the pro- service of such agency. waive any of the training required under sub- gram. (C) EXCEPTION.—The payment agreed to paragraph (B) to the extent that a fellow has (E) An assessment of the Taiwan Fellow- under subparagraph (B)(ii) may not be re- Mandarin language skills, knowledge of the ship Program’s value upon the relationship quired of a detailee who leaves the service of topic described in subparagraph (B)(ii), or for between the United States and Taiwan or the the sponsoring agency to enter into the serv- other related reasons approved by the De- United States and Asian countries. ice of another agency of the United States partment of State and the American Insti- (6) ANNUAL FINANCIAL AUDIT.— Government unless the head of the spon- tute in Taiwan. If any of the training re- (A) IN GENERAL.—The financial records of soring agency notifies the detailee before the quirements are waived for a fellow serving a any implementing partner shall be audited effective date of entry into the service of the 2-year fellowship, the training portion of his annually in accordance with generally ac- other agency that payment will be required or her fellowship may be shortened to the excepted auditing standards by independent under this subsection. tent appropriate. certified public accountants or independent (2) STATUS AS GOVERNMENT EMPLOYEE.—A (D) OFFICE; STAFFING.—The implementing licensed public accountants who are certified detailee— partner, in consultation with the Depart- or licensed by a regulatory authority of a (A) is deemed, for the purpose of preserving ment of State and the American Institute in State or another political subdivision of the allowances, privileges, rights, seniority, and Taiwan, may maintain an office and at least United States. other benefits, to be an employee of the 1 full-time staff member in Taiwan— (B) LOCATION.—Each audit under subpara- sponsoring agency; (i) to liaise with the American Institute in graph (A) shall be conducted at the place or (B) is entitled to pay, allowances, and ben- Taiwan and the governing authorities on places where the financial records of the im- efits from funds available to such agency, Taiwan; and plementing partner are normally kept. which is deemed to comply with section 5536 (ii) to serve as the primary in-country (C) ACCESS TO DOCUMENTS.—The imple- of title 5, United States Code; and point of contact for the recipients of fellow- menting partner shall make available to the (C) may be assigned to a position with an ships under this section and their depend- accountants conducting an audit under sub- entity described in section (f)(4)(B)(i) if ac- ents. paragraph (A)— ceptance of such position does not involve— (E) OTHER FUNCTIONS.—The implementing (i) all books, financial records, files, other (i) the taking of an oath of allegiance to partner may perform other functions in asso- papers, things, and property belonging to, or another government; or

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2668 CONGRESSIONAL RECORD — SENATE May 18, 2021 (ii) the acceptance of compensation or ject to the review and approval of the Amer- SEC. 3217. REPORT ON ORIGINS OF THE COVID–19 other benefits from any foreign government ican Institute in Taiwan. PANDEMIC. (i) STUDY AND REPORT.—Not later than one by such detailee. (a) SENSE OF CONGRESS.—It is the sense of year prior to the sunset of the fellowship (3) RESPONSIBILITIES OF SPONSORING AGEN- Congress that— CY.— program under subsection (e), the Comp- (1) it is critical to understand the origins (A) IN GENERAL.—The Federal agency from troller General of the United States shall of the COVID–19 pandemic so the United which a detailee is detailed should provide conduct a study and submit to the Com- States can better prepare, prevent, and re- the fellow allowances and benefits that are mittee on Foreign Relations of the Senate spond to pandemic health threats in the fu- consistent with Department of State Stand- and the Committee on Foreign Affairs of the ture; ardized Regulations or other applicable rules House a report that includes— and regulations, including— (2) given the impact of the COVID–19 pan- (i) a living quarters allowance to cover the (A) an analysis of the United States Gov- demic on all Americans, the American peo- cost of housing in Taiwan; ernment participants in this program, in- ple deserve to know what information the (ii) a cost of living allowance to cover any cluding the number of applicants and the United States Government possesses about possible higher costs of living in Taiwan; number of fellowships undertaken, the place the origins of COVID–19, as appropriate; (iii) a temporary quarters subsistence al- of employment, and as assessment of the (3) Congress shares the concerns expressed lowance for up to 7 days if the fellow is un- costs and benefits for participants and for by the United States Government and 13 able to find housing immediately upon arriv- the United States Government of such fel- other foreign governments that the inter- ing in Taiwan; lowships; national team of experts dispatched to the (iv) an education allowance to assist par- (B) an analysis of the financial impact of People’s Republic of China by the World ents in providing the fellow’s minor children the fellowship on United States Government Health Organization (WHO) to study the ori- with educational services ordinarily pro- offices which have provided Fellows to par- gins of the SARS–CoV–2 virus was ‘‘signifi- vided without charge by public schools in the ticipate in the program; and cantly delayed and lacked access to com- United States; (C) recommendations, if any, on how to im- plete, original data and samples’’; (v) moving expenses to transport personal prove the fellowship program. (4) the March 30, 2021, statement by the Di- belongings of the fellow and his or her family SEC. 3215. TREATMENT OF TAIWAN GOVERN- rector-General of the WHO, Dr. Tedros in their move to Taiwan, which is com- MENT. Adhanom Ghebreyesus, further affirms that parable to the allowance given for American (a) IN GENERAL.—The Department of State the investigative team had encountered ‘‘dif- Institute in Taiwan employees assigned to and other United States Government depart- ficulties’’ in accessing necessary raw data, Taiwan; and ments and agencies shall engage with the that ‘‘we have not yet found the source of (vi) an economy-class airline ticket to and democratically elected government of Tai- the virus,’’ and that ‘‘all hypotheses remain from Taiwan for each fellow and the fellow’s wan as the legitimate representative of the on the table’’; and immediate family. people of Taiwan and end the outdated prac- (5) it is critical for independent experts to (B) MODIFICATION OF BENEFITS.—The Amer- tice of referring to the government in Tai- have full access to all pertinent human, ani- ican Institute in Taiwan and its imple- wan as the ‘‘Taiwan authorities’’. Notwith- mal, and environmental data, live virus sam- menting partner, with the approval of the standing the continued supporting role of ples, research, and personnel involved in the Department of State, may modify the bene- the American Institute in Taiwan in car- early stages of the outbreak relevant to de- fits set forth in subparagraph (A) if such rying out United States foreign policy and termining how this pandemic emerged. modification is warranted by fiscal cir- protecting United States interests in Tai- cumstances. wan, the United States Government shall (b) REPORT REQUIRED.—Not later than 180 (4) NO FINANCIAL LIABILITY.—The American not place any restrictions on the ability of days after enactment of this Act, the Direc- Institute in Taiwan, the implementing part- officials of the Department of State and tor of National Intelligence, in coordination ner, and any governing authorities on Tai- other United States Government depart- with the Secretary of State, the Secretary of wan or nongovernmental entities in Taiwan ments and agencies to interact directly and Health and Human Services, the Secretary of at which a fellow is detailed during the sec- routinely with counterparts in the Taiwan Energy, and other relevant executive depart- ond year of the fellowship may not be held government. ments, shall submit to the appropriate com- responsible for the pay, allowances, or any (b) RULE OF CONSTRUCTION.—Nothing in mittees of Congress a report consisting of— other benefit normally provided to the this paragraph shall be construed as entail- (1) an assessment of the most likely source detailee. ing restoration of diplomatic relations with or origin of the SARS–CoV–2 virus, including (5) REIMBURSEMENT.—Fellows may be de- the Republic of China (Taiwan) or altering a detailed review of all information the tailed under paragraph (1)(A) without reim- the United States Government’s position on United States possesses that it has identified bursement to the United States by the Taiwan’s international status. as potentially relevant to the source or ori- American Institute in Taiwan. SEC. 3216. TAIWAN SYMBOLS OF SOVEREIGNTY. gin of the SARS–CoV–2 virus, including (6) ALLOWANCES AND BENEFITS.—Detailees (a) IN GENERAL.—Not later than 90 days zoonotic transmission and spillover, the may be paid by the American Institute in after the date of the enactment of this Act, Wuhan Institute of Virology (WIV), or other Taiwan for the allowances and benefits listed the Secretary of State shall rescind any con- sources of origin, transmission, or spillover, in paragraph (3). tact guideline, internal restriction, section (h) FUNDING.— of the Foreign Affairs Manual or Foreign Af- based on the information the United States (1) AUTHORIZATION OF APPROPRIATIONS.— fairs Handbook, related guidance, or related Government has to date; There are authorized to be appropriated to policies that, explicitly or implicitly, includ- (2) an identification of the leading credible the American Institute in Taiwan— ing through restrictions or limitations on theories of the etiology of the SARS–CoV–2 (A) for fiscal year 2022, $2,900,000, of activities of United States personnel, limits virus by the United States Government, the which— the ability of members of the armed forces of steps the United States has taken to validate (i) $500,000 shall be used to launch the Tai- the Republic of China (Taiwan)and govern- those theories, and any variance in assess- wan Fellowship Program through a competi- ment representatives from the Taipei Eco- ment or dissent among or between United tive cooperative agreement with an appro- nomic and Cultural Representative Office States intelligence agencies, executive agen- priate implementing partner; (TECRO) to display for official purposes cies, and executive offices of the most likely (ii) $2,300,000 shall be used to fund a cooper- symbols of Republic of China sovereignty, in- source or origin of the SARS–CoV–2 virus, ative agreement with the appropriate imple- cluding— and the basis for such variance or dissent; menting partner; and (1) the flag of the Republic of China (Tai- (3) a description of all steps the United (iii) $100,000 shall be used for management wan); and States Government has taken to identify and expenses of the American Institute in Tai- (2) the corresponding emblems or insignia investigate the source of the SARS–CoV–2 wan related to the management of the Tai- of military units. virus, including a timeline of such efforts; wan Fellowship Program; and (b) OFFICIAL PURPOSES DEFINED.—In this (4) a detailed description of the data to (B) for fiscal year 2023, and each succeeding section, the term ‘‘official purposes’’ which the United States and the WHO have fiscal year, $2,400,000, of which— means— requested and have access to in order to de- (i) $2,300,000 shall be used to fund a cooper- (1) the wearing of official uniforms; termine the origin of the source of the ative agreement with an appropriate imple- (2) conducting government-hosted cere- SARS–CoV–2 virus; menting partner; and monies or functions; and (5) an account of efforts by the PRC to co- (ii) $100,000 shall be used for management (3) appearances on Department of State so- operate with, impede, or obstruct any in- expenses of the American Institute in Tai- cial media accounts promoting engagements quiry or investigation to determine the wan related to the management of the Tai- with Taiwan. source and transmission of SARS–CoV–2 wan Fellowship Program. (c) RULE OF CONSTRUCTION.—Nothing in virus, including into a possible lab leak, or (2) PRIVATE SOURCES.—The implementing this section shall be construed as entailing to create or spread misinformation or partner selected to implement the Taiwan restoration of diplomatic relations with the disinformation regarding the source and Fellowship Program may accept, use, and Republic of China (Taiwan) or altering the transmission of SARS–CoV–2 virus by the dispose of gifts or donations of services or United States Government’s position on Tai- PRC or CCP, including by national and local property in carrying out such program, sub- wan’s international status. governmental and health entities;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2669 (6) a detailed account of information countries provided by Locally Employed of importance and significance to United known to the United States Government re- Staff; and States political, economic, and security in- garding the WIV and associated facilities, in- (2) an assessment of the impact of the ac- terests. cluding research activities on coronaviruses tivities with respect to the diplomatic, eco- (2) It shall be the policy of the United and gain-of-function research, any reported nomic, and security interests of the United States to increase DE and FA funding and illnesses of persons associated with the lab- States. the quantity of personnel dedicated to the oratory with symptoms consistent with (d) EXCEPTION FOR AMERICAN SAMOA.—The Indo-Pacific region respective to the Depart- COVID–19 and the ultimate diagnosis, and a Secretary of State may, as appropriate, treat ment of State’s total budget. timeline of research relevant to the territory of American Samoa as a foreign (3) It shall be the policy of the United coronaviruses; country for purposes of carrying out this sec- States to increase the number of resident (7) a list of any known obligations on the tion. Defense attache´s in the Indo-Pacific region, PRC that require disclosure and cooperation (e) APPROPRIATE COMMITTEES OF CONGRESS particularly in locations where the People’s in the event of a viral outbreak like SARS– DEFINED.—In this section, the term ‘‘appro- Republic of China has a resident military CoV–2; and priate committees of Congress’’ means— attache´ but the United States does not, to (8) an overview of United States engage- (1) the Committee on Foreign Relations, assure coverage of all appropriate posts. ment with the PRC with respect to the Committee on Commerce, Science, and (d) ACTION PLAN.—Not later than 180 days coronaviruses that includes— Transportation, the Committee on Energy after the date of the enactment of this Act, (A) a detailed accounting of United States and Natural Resources, and the Committee the Secretary of State shall provide to the engagement with the WIV and similar labs in on Appropriations of the Senate; and appropriate committees of Congress an ac- the PRC specific to coronaviruses, including (2) the Committee on Foreign Affairs, the tion plan with the following elements: a detailed accounting of United States Gov- Committee on Energy and Commerce, the (1) Identification of requirements to ad- ernment-sponsored research and funding and Committee on Natural Resources, and the vance United States strategic objectives in diplomatic engagements such as ‘‘track 1.5’’ Committee on Appropriations of the House the Indo-Pacific and the personnel and budg- and ‘‘track 2’’ engagements; and of Representatives. etary resources needed to meet them, assum- (B) an assessment of any additional scru- SEC. 3219. INCREASING DEPARTMENT OF STATE ing an unconstrained resource environment. tiny of United States Government funding to PERSONNEL AND RESOURCES DE- (2) A plan to increase the portion of the VOTED TO THE INDO-PACIFIC. support gain-of-function research in the PRC Department’s budget dedicated to the Indo- (a) FINDINGS.—Congress makes the fol- after the moratorium on such funding was Pacific in terms of DE and FA focused on de- lowing findings: lifted in 2017, and whether United States velopment, economic, and security assist- (1) In fiscal year 2020, the Department of Government funding was used to support ance. State allocated $1,500,000,000 to the Indo-Pa- gain-of-function research in the PRC, during (3) A plan to increase the number of posi- cific region in bilateral and regional foreign the moratorium on gain-of-function research tions at posts in the Indo-Pacific region and assistance (FA) resources, including as au- (2014–2017). bureaus with responsibility for the Indo-Pa- thorized by section 201(b) of the Asia Reas- (c) FORM.—The report required by sub- cific region, including a description of in- section (b) shall be submitted in unclassified surance Initiative Act of 2018 (Public Law creases at each post or bureau, a breakdown form but may include a classified annex. 115–409; 132 Stat. 5391), and $798,000,000 in the of increases by cone, and a description of (d) APPROPRIATE COMMITTEES OF CONGRESS fiscal year 2020 diplomatic engagement (DE) how such increases in personnel will advance DEFINED.—In this section, the term ‘‘appro- budget. These amounts represent only 5 per- United States strategic objectives in the priate committees of Congress’’ means— cent of the DE budget and only 4 percent of Indo-Pacific region. (1) the Committee on Foreign Relations of the total Department of State-USAID budg- (4) Defined concrete and annual bench- the Senate; et. marks that the Department will meet in im- (2) the Select Committee on Intelligence of (2) Over the last 5 years the DE budget and plementing the action plan. the Senate; personnel levels in the Indo-Pacific averaged (5) A description of any barriers to imple- (3) the Committee on Health, Education, only 5 percent of the total, while FA re- menting the action plan. Labor, and Pensions of the Senate; sources averaged only 4 percent of the total. (e) UPDATES TO REPORT AND BRIEFING.— (4) the Committee on Energy and Natural (3) In 2020, the Department of State began Every 90 days after the submission of the ac- Resources of the Senate; a process to realign certain positions at tion plan described in subsection (c) until (5) the Committee on Foreign Affairs of the posts to ensure that its personnel footprint September 30, 2030, the Secretary shall sub- House of Representatives; matches the demands of great-power commit an update and brief the appropriate com- (6) the Permanent Select Committee on In- petition, including in the Indo-Pacific. mittees of Congress on the implementation telligence of the House of Representatives; (b) SENSE OF CONGRESS.—It is the sense of of such action plan, with supporting data and Congress that— and including a detailed assessment of (8) the Committee on Energy and Com- (1) the size of the United States diplomatic benchmarks reached. merce of the House of Representatives. corps must be sufficient to meet the current (f) AUTHORIZATION OF APPROPRIATIONS.— and emerging challenges of the 21st century, SEC. 3218. ENHANCEMENT OF DIPLOMATIC SUP- There is authorized to be appropriated, for PORT AND ECONOMIC ENGAGEMENT including those posed by the PRC in the fiscal year 2022, $2,000,000,000 in bilateral and WITH PACIFIC ISLAND COUNTRIES. Indo-Pacific region and elsewhere; regional foreign assistance resources to (a) AUTHORITY.—The Secretary of State (2) the increase must be designed to meet carry out the purposes of part 1 and chapter and Secretary of Commerce are authorized the objectives of an Indo-Pacific strategy fo- 4 of part II of the Foreign Assistance Act of to hire Locally Employed Staff in Pacific is- cused on strengthening the good governance 1961 (22 U.S.C. 2151 et seq., 2346 et seq.) to the land countries for the purpose of providing and sovereignty of states that adhere to and Indo-Pacific region and $1,250,000,000 in diplo- increased diplomatic support and promoting uphold the rules-based international order; matic engagement resources to the Indo-Pa- increased economic and commercial engage- and cific region. ment between the United States and Pacific (3) the increase must be implemented with (g) INCLUSION OF AMOUNTS APPROPRIATED Island countries. a focus on increased numbers of economic, PURSUANT TO ASIA REASSURANCE INITIATIVE (b) AVAILABILITY OF FUNDS.— political, and public diplomacy officers, rep- ACT OF 2018.—Amounts authorized to be ap- (1) IN GENERAL.—Of the amounts author- resenting a cumulative increase of at least propriated under subsection (f) include funds ized to be appropriated or otherwise made 200 foreign service officer generalists, to— authorized to be appropriated pursuant to available to the Department of State and the (A) advance free, fair, and reciprocal trade section 201(b) of the Asia Reassurance Initia- Department of Commerce for fiscal year 2022, and open investment environments for tive Act of 2018 (Public Law 115–409). not more than $10,000,000, respectively, shall United States companies, and engaged in in- (h) SECRETARY OF STATE CERTIFICATION.— be available to carry out the purposes of this creased commercial diplomacy in key mar- Not later than 2 years after the date of the section. kets; enactment of this Act, the Secretary of (2) TERMINATION.—The availability of funds (B) better articulate and explain United State shall certify, to the appropriate com- in paragraph (1) shall expire on October 1, States policies, strengthen civil society and mittees of Congress, whether or not the 2026. democratic principles, enhance reporting on benchmarks described in the action plan in (c) REPORT.—Not later than one year after Chinese the PRC’s global activities, promote subsection (c) have been met. This certifi- the date of the enactment of this Act, and people-to-people exchanges, and advance cation is non-delegable. annually thereafter for 5 years, the Sec- United States influence; and SEC. 3219A. ADVANCING UNITED STATES LEADER- retary of State and the Secretary of Com- (C) increase capacity at small- and me- SHIP IN THE UNITED NATIONS SYS- merce shall provide to the appropriate com- dium-sized embassies and consulates in the TEM. mittees of Congress a report on the activities Indo-Pacific and other regions around the (a) ESTABLISHMENT.— of the Department of State and Department world, as necessary. (1) IN GENERAL.—The Secretary of State of Commerce Locally Employed Staff in Pa- (c) STATEMENT OF POLICY.— shall establish, within the Bureau of Inter- cific island countries, which shall include— (1) It shall be the policy of the United national Organization Affairs of the Depart- (1) a detailed description of the additional States to ensure Department of State fund- ment of State, a Special Representative for diplomatic, economic, and commercial ening levels and personnel footprint in the Advancing United States Leadership in the gagement and activities in the Pacific island Indo-Pacific reflect the region’s high degree United Nations (referred to in this section as

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2670 CONGRESSIONAL RECORD — SENATE May 18, 2021 the ‘‘Special Representative’’). The Special (2) the People’s Republic of China poses a manner in which the Government of the Peo- Representative shall serve concurrently as a particular threat as it repeatedly violates ple’s Republic of China creates barriers to Deputy Assistant Secretary in the Bureau of internationally recognized human rights, en- the work of United States diplomats and International Organization Affairs of the De- gages in unfair economic and trade prac- other officials, journalists, and businesses, partment of State. The Special Representa- tices, disregards international laws and and nongovernmental organizations based in tive shall report directly to the Assistant norms, coerces its neighbors, engages in ma- the United States, in the People’s Republic Secretary for the Bureau of International lign influence operations, and enables global of China. Organization Affairs, in coordination and digital authoritarianism; (2) ELEMENTS.—The report required by consultation with the Representative of the (3) the Asia Reassurance Initiative Act of paragraph (1) shall include the following: United States to the United Nations. 2018 (referred to in this section as ‘‘ARIA’’) (A) A summary of obstacles that United (b) RESPONSIBILITIES.—The Special Rep- enhances the United States’ commitment in States diplomats and other officials, journal- resentative shall assume responsibility for— the Indo-Pacific region by— ists, and businesses encounter in carrying (1) promoting United States leadership and (A) expanding its defense cooperation with out their work in the People’s Republic of participation in the United Nations system, its allies and partners; China. with a focus on issue areas where authori- (B) investing in democracy and the protec- (B) A summary of the obstacles Chinese tarian nations are exercising increased influ- tion of human rights; diplomats and other officials, journalists, ence in and determining the agenda of the (C) engaging in cybersecurity initiatives; and businesses encounter while working in United Nations system; and the United States. (2) highlighting how investments in the (D) supporting people-to-people engage- (C) A description of the efforts that offi- United Nations advance United States interment and other shared priorities; and cials of the United States have made to rec- ests and enable stronger coalitions to hold (4) the 2019 Department of Defense Indo-Pa- tify any differences in the treatment of dip- authoritarian regimes to account; cific Strategy Report concludes that ARIA lomats and other officials, journalists, and (3) ensuring United States emphasis on the ‘‘enshrines a generational whole-of-govern- businesses by the United States and by the need for United Nations employees to uphold ment policy framework that demonstrates People’s Republic of China, and the results of the principals of impartiality enshrined in U.S. commitment to a free and open Indo-Pa- those efforts. the United Nations charter, rules, and regu- cific region’’. (D) An assessment of the adherence of the lations; (b) AUTHORIZATION OF APPROPRIATIONS.— Government of the People’s Republic of (4) monitoring and developing and imple- The Asia Reassurance Initiative Act of 2018 China, in its treatment of United States citi- menting plans to counter undue influence, (Public Law 115–409) is amended— zens, to the requirements of— especially by authoritarian nations, within (1) in section 201(b), by striking (i) the Convention on Consular Relations, the United Nations system; ‘‘$1,500,000,000 for each of the fiscal years 2019 done at Vienna April 24, 1963, and entered (5) assessing how United States decisions through 2023’’ and inserting ‘‘$2,000,000,000 for into force March 19, 1967 (21 U.S.T. 77); and to withdraw from United Nations bodies im- each of the fiscal years 2022 through 2026’’; (ii) the Consular Convention, signed at pacts United States influence at the United (2) in section 215(b), by striking ‘‘2023’’ and Washington September 17, 1980, and entered Nations and multilateral global initiatives; inserting ‘‘2026’’; into force February 19, 1982, between the (6) promoting the participation and inclu- (3) in section 306(a)— United States and the People’s Republic of sion of Taiwan in the United Nations system; (A) in paragraph (1), by striking ‘‘5 years’’ China. (7) monitoring the pipeline of United Na- and inserting ‘‘8 years’’; and (E) An assessment of any impacts of the tions jobs and identifying qualified Ameri- (B) in paragraph (2), by striking ‘‘2023’’ and People’s Republic of China’s internet restric- cans and other qualified nationals to pro- inserting ‘‘2026’’; tions on reciprocity between the United mote for these positions; (4) in section 409(a)(1), by striking ‘‘2023’’ States and the People’s Republic of China. (8) tracking leadership changes in United and inserting ‘‘2026’’; (F) A summary of other notable areas Nations secretariat, funds, programs and (5) in section 410— where the Government of the People’s Re- agencies, and developing strategies to ensure (A) in subsection (c), by striking ‘‘2023’’ public of China or entities affiliated with that coalitions of like-minded states are as- and inserting ‘‘2026’’; and that Government are able to conduct activi- sembled to ensure leadership races are not (B) in subsection (d), in the matter pre- ties or investments in the United States but won by countries that do not share United ceding paragraph (1), by striking ‘‘2023’’ and that are denied to United States entities in States interests; inserting ‘‘2026’’; and the People’s Republic of China. (9) advancing other priorities deemed rel- (6) in section 411, by striking ‘‘2023’’ and in- (G) Recommendations on efforts that the evant by the Secretary of State to ensuring serting ‘‘2026’’. Government of the United States could un- the integrity of the United Nations system; SEC. 3219C. STATEMENT OF POLICY ON NEED dertake to improve reciprocity in the rela- (10) eliminating current barriers to the em- FOR RECIPROCITY IN THE RELA- tionship between the United States and the ployment of United States nationals in the TIONSHIP BETWEEN THE UNITED People’s Republic of China. STATES AND THE PEOPLE’S REPUB- ORM OF REPORT AVAILABILITY United Nations Secretariat, funds, programs, LIC OF CHINA. (3) F ; .— (A) FORM.—The report required by para- and agencies; and (a) STATEMENT OF POLICY.—It is the policy (11) increasing the number of qualified of the United States— graph (1) shall be submitted in unclassified United States candidates for leadership and (1) to clearly differentiate, in official state- form, but may include a classified index. oversight positions at the United Nations ments, media communications, and mes- (B) AVAILABILITY.—The unclassified por- Secretariat, funds, programs, agencies, and saging, between the people of China and the tion of the report required by paragraph (1) at other international organizations. Communist Party of China; shall be posted on a publicly available inter- (c) SUPPORT.—The Secretary of State shall (2) that any negotiations toward a trade net website of the Department of State. make any necessary adjustments to the cur- agreement with the People’s Republic of (4) APPROPRIATE CONGRESSIONAL COMMIT- rent structure of the Bureau of International China should be concluded in a manner that TEES DEFINED.—In this subsection, the term Organization Affairs, including the respec- addresses unfair trading practices by the ‘‘appropriate congressional committees’’ tive roles and responsibilities of offices in People’s Republic of China; means the Committee on Foreign Relations that Bureau, to ensure appropriate support (3) that such an agreement should, to the of the Senate and the Committee on Foreign for the mission and work of the Special Rep- extent possible— Affairs of the House of Representatives. resentative. (A) ensure that the People’s Republic of (c) RECIPROCITY DEFINED.—In this section, (d) AUTHORIZATION OF APPROPRIATIONS.— China commits to structural changes in its the term ‘‘reciprocity’’ means the mutual There is authorized to be appropriated trade and economic policies; and equitable exchange of privileges between $5,000,000 for fiscal years 2022 through 2026 to (B) hold the People’s Republic of China ac- governments, countries, businesses, or indi- carry out the responsibilities under sub- countable to those commitments; and viduals. section (b). (C) promote access to reciprocal direct in- SEC. 3219B. ASIA REASSURANCE INITIATIVE ACT vestment; and SEC. 3219D. OPPOSITION TO PROVISION OF AS- OF 2018. (4) to seek and develop a relationship with SISTANCE TO PEOPLE’S REPUBLIC OF CHINA BY ASIAN DEVELOPMENT (a) SENSE OF CONGRESS.—It is the sense of the People’s Republic of China that is found- BANK. Congress that— ed on the principles of basic reciprocity (1) the Indo-Pacific region is home to many across sectors, including economic, diplo- (a) FINDINGS.—Congress makes the fol- of the world’s most dynamic democracies, matic, educational, and communications sec- lowing findings: economic opportunities, as well as many tors. (1) Through the Asian Development Bank, challenges to United States interests and (b) REPORT REQUIRED.— countries are eligible to borrow from the values as a result of the growth in authori- (1) IN GENERAL.—Not later than 180 days Bank until they can manage long-term de- tarian governance in the region and by broad after the date of the enactment of this Act, velopment and access to capital markets challenges posed by nuclear proliferation, the Secretary of State, in consultation with without financial resources from the Bank. the changing environment, and deteriorating other relevant Federal departments and (2) The Bank uses the gross national in- adherence to human rights principles and ob- agencies, shall submit to the appropriate come per capita benchmark used by the ligations; congressional committees a report on the International Bank for Reconstruction and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2671 Development to trigger the graduation proc- tional lending from the International Bank constituent bodies to advance United States ess. For fiscal year 2021, the graduation dis- for Reconstruction and Development to the interests, including by counteracting malign cussion income is a gross national income People’s Republic of China as a result of the Chinese and Russian influence; and per capita exceeding $7,065. People’s Republic of China’s successful grad- (4) urge allies and like-minded partners to (3) The People’s Republic of China exceed- uation from the eligibility requirements for work together with the United States to ed the graduation discussion income thresh- assistance from the Bank. overcome Chinese and Russian efforts to old in 2016. (c) OPPOSITION TO LENDING TO PEOPLE’S RE- weaken the United Nations Security Council (4) Since 2016, the Asian Development Bank PUBLIC OF CHINA.—The Secretary of the by preventing it from carrying out its core has continued to approve loans and technical Treasury shall instruct the United States mandate. assistance to the People’s Republic of China Executive Director of the International SEC. 3219G. DETERRING PRC USE OF FORCE totaling $7,600,000,000. The Bank has also ap- Bank for Reconstruction and Development AGAINST TAIWAN. proved non-sovereign commitments in the to use the voice, vote, and influence of the (a) APPROPRIATE COMMITTEES OF CONGRESS People’s Republic of China totaling United States— DEFINED.—In this section, the term ‘‘appro- $1,800,000,000 since 2016. (1) to oppose any loan or extension of fi- priate committees of Congress’’ means— (5) The World Bank calculates the People’s nancial or technical assistance by the Inter- (1) the Committee on Foreign Relations, Republic of China’s most recent year (2019) national Bank for Reconstruction and Devel- the Committee on Armed Services, the Com- gross national income per capita as $10,390. opment to the People’s Republic of China; mittee on Banking, Housing, and Urban Af- (b) STATEMENT OF POLICY.—It is the policy and fairs, the Committee on Commerce, Science, of the United States to oppose any addi- (2) to end lending and assistance to coun- and Transportation, and the Select Com- tional lending from the Asian Development tries that exceed the graduation discussion mittee on Intelligence of the Senate; and Bank to the People’s Republic of China as a income of the Bank. (2) the Committee on Foreign Affairs, the (d) REPORT REQUIRED.—Not later than one result of the People’s Republic of China’s Committee on Armed Services, the Com- year after the date of the enactment of this successful graduation from the eligibility re- mittee on Financial Services, the Committee Act, and annually thereafter, the Secretary quirements for assistance from the Bank. on Energy and Commerce, and the Perma- of the Treasury shall submit to the Com- (c) OPPOSITION TO LENDING TO PEOPLE’S RE- nent Select Committee on Intelligence of the mittee on Foreign Relations of the Senate PUBLIC OF CHINA.—The Secretary of the House of Representatives. and the Committee on Financial Services Treasury shall instruct the United States (b) STATEMENT OF POLICY.—It shall be the and the Committee on Foreign Affairs of the Executive Director of the Asian Develop- policy of the United States— House of Representatives a report that in- (1) to strenuously oppose any action by the ment Bank to use the voice, vote, and influ- cludes— ence of the United States to oppose any loan People’s Republic of China to use force to (1) an assessment of the status of bor- change the status quo of Taiwan; and or extension of financial or technical assist- rowing by the People’s Republic of China ance by the Asian Development Bank to the (2) that, in order to deter the use of force from the World Bank; by the People’s Republic of China to change People’s Republic of China. (2) a list of countries that have exceeded SEC. 3219E. OPPOSITION TO PROVISION OF AS- the status quo of Taiwan, the United States the graduation discussion income at the should coordinate with allies and partners to SISTANCE TO PEOPLE’S REPUBLIC International Bank for Reconstruction and OF CHINA BY INTERNATIONAL BANK identify and develop significant economic, FOR RECONSTRUCTION AND DEVEL- Development; diplomatic, and other measures to deter and OPMENT. (3) a list of countries that have graduated impose costs on any such action by the Peo- (a) FINDINGS.—Congress makes the fol- from eligibility for assistance from the ple’s Republic of China, and to bolster deter- lowing findings: Bank; and rence by articulating such policies publicly, (1) The People’s Republic of China is the (4) a description of the efforts taken by the as appropriate and in alignment with United United States to graduate countries from world’s second largest economy and a major States interests. global lender. such eligibility once they exceed the gradua- (c) WHOLE-OF-GOVERNMENT REVIEW.—Not (2) In February 2021, the People’s Republic tion discussion income. later than 14 days after the date of the enact- of China’s foreign exchange reserves totaled SEC. 3219F. UNITED STATES POLICY ON CHINESE ment of this Act, the President shall convene more than $3,200,000,000,000. AND RUSSIAN GOVERNMENT EF- the heads of all relevant Federal depart- FORTS TO UNDERMINE THE UNITED (3) The World Bank classifies the People’s NATIONS SECURITY COUNCIL AC- ments and agencies to conduct a whole-of- Republic of China as having an upper-mid- TION ON HUMAN RIGHTS. government review of all available economic, dle-income economy. (a) SENSE OF CONGRESS.—Congress— diplomatic, and other measures to deter the (4) On February 25, 2021, President Xi (1) notes with growing concern that the use of force by the People’s Republic of Jinping announced ‘‘complete victory’’ over People’s Republic of China and Russia have, China to change the status quo of Taiwan. extreme poverty in the People’s Republic of at the United Nations, aligned with one an- (d) BRIEFING REQUIRED.—Not later than 90 China. other in blocking Security Council action on days after the date of the enactment of this (5) The Government of the People’s Repub- Syria, Myanmar, Zimbabwe, Venezuela, and Act, and every 90 days thereafter for 5 years, lic of China utilizes state resources to create other countries credibly accused of commit- the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Sec- and promote the Asian Infrastructure Invest- ting human rights abuses; retary of Commerce, the Director of Na- ment Bank, the New Development Bank, and (2) recognizes that it is not only the use of tional Intelligence, and any other relevant the Belt and Road Initiative. the veto on the United Nations Security heads of Federal departments and agencies (6) The People’s Republic of China is the Council, but also the threat of the use of a shall brief the appropriate committees of world’s largest official creditor. veto, that can prevent the Security Council Congress on all available economic, diplo- (7) Through the International Bank for Re- from taking actions aimed at protecting matic, and other strategic measures to deter construction and Development, countries are human rights; PRC use of force to change the status quo of eligible to borrow from the Bank until they (3) condemns efforts by China and Russia Taiwan and provide a detailed description can manage long-term development and ac- to undermine United Nations Security Coun- and review of— cess to capital markets without financial re- cil actions aimed at censuring governments (1) efforts to date by the United States sources from the Bank. credibly accused of committing or permit- Government to deter the use of force by the (8) The World Bank reviews the graduation ting the commission of human rights viola- People’s Republic of China to change the sta- of a country from eligibility to borrow from tions; and tus quo of Taiwan; and the International Bank for Reconstruction (4) denounces the tactical alignment be- (2) progress to date of all coordination ef- and Development once the country reaches tween the People’s Republic of China and forts between the United States Government the graduation discussion income, which is Russia within the United Nations Security and its allies and partners with respect to equivalent to the gross national income. For Council to challenge the protection of deterring the use of force to change the sta- fiscal year 2021, the graduation discussion in- human rights and the guarantee of humani- tus quo of Taiwan. come is a gross national income per capita tarian access. (e) COORDINATED CONSEQUENCES WITH AL- (b) STATEMENT OF POLICY.—It shall be the exceeding $7,065. LIES AND PARTNERS.—The Secretary of State (9) The People’s Republic of China exceed- policy of the United States to— shall coordinate with United States allies ed the graduation discussion income thresh- (1) reaffirm its commitment to maintain and partners to identify and develop signifi- old in 2016. international peace and security, develop cant economic, diplomatic, and other meas- (10) Since 2016, the International Bank for friendly relations among nations, and co- ures to deter the use of force by the People’s Reconstruction and Development has ap- operate in solving international problems Republic of China to change the status quo proved projects totaling $8,930,000,000 to the and promoting respect for human rights; of Taiwan. People’s Republic of China. (2) highlight efforts by the People’s Repub- SEC. 3219H. STRATEGY TO RESPOND TO SHARP (11) The World Bank calculates the Peo- lic of China and Russia to undermine inter- POWER OPERATIONS TARGETING ple’s Republic of China’s most recent year national peace and security, protect human TAIWAN. (2019) gross national income per capita as rights, and guarantee humanitarian access (a) IN GENERAL.—Not later than 180 days $10,390. to those in need; after the date of the enactment of this Act, (b) STATEMENT OF POLICY.—It is the policy (3) increase the role and presence of the the Secretary of State shall develop and im- of the United States to oppose any addi- United States at the United Nations and its plement a strategy to respond to sharp

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2672 CONGRESSIONAL RECORD — SENATE May 18, 2021 power operations and the united front cam- tion of fentanyl and related synthetic opioid serve as Special Latin America and the Car- paign supported by the Government of the variants. ibbean Export Strategy Coordinator— People’s Republic of China and the Chinese (c) CHINA’S CLASS SCHEDULING OF FENTANYL (1) to oversee the development and imple- Communist Party that are directed toward AND SYNTHETIC OPIOID PRECURSORS.—Not mentation of the strategy required by sub- persons or entities in Taiwan. later than 180 days after the date of the en- section (a); and (b) ELEMENTS.—The strategy required actment of this Act, the Secretary of State (2) to coordinate developing and imple- under subsection (a) shall include the fol- and Attorney General shall submit to the ap- menting the strategy with— lowing elements: propriate committees of Congress a written (A) the Trade Promotion Coordinating (1) Development of a response to PRC prop- report— Committee; aganda and disinformation campaigns and (1) detailing a description of United States (B) the Assistant United States Trade Rep- cyber-intrusions targeting Taiwan, includ- Government efforts to gain a commitment resentative for African Affairs or the Assist- ing— from the Chinese Government to submit un- ant United States Trade Representative for (A) assistance in building the capacity of regulated fentanyl precursors such as 4–AP the Western Hemisphere, as appropriate; the Taiwan government and private-sector to controls; and (C) the Assistant Secretary of State for Af- entities to document and expose propaganda (2) a plan for future steps the United rican Affairs or the Assistant Secretary of and disinformation supported by the Govern- States Government will take to urge China State for Western Hemisphere Affairs, as ap- ment of the People’s Republic of China, the to combat illicit fentanyl production and propriate; Chinese Communist Party, or affiliated enti- trafficking originating in China. (D) the Export-Import Bank of the United ties; (d) ESTABLISHMENT OF DEA OFFICES IN States; (B) assistance to enhance the Taiwan gov- CHINA.—Not later than 180 days after enact- (E) the United States International Devel- ernment’s ability to develop a whole-of-gov- ment of this Act, the Secretary of State and opment Finance Corporation; and ernment strategy to respond to sharp power Attorney General shall provide to the appro- (F) the development agencies. operations, including election interference; priate committees of Congress a classified and briefing on— (c) TRADE MISSIONS TO AFRICA AND LATIN (C) media training for Taiwan officials and (1) outreach and negotiations undertaken AMERICA AND THE CARIBBEAN.—It is the sense other Taiwan entities targeted by by the United States Government with the of Congress that, not later than one year disinformation campaigns. Chinese Government aimed at securing its after the date of the enactment of this Act, (2) Development of a response to political approval for the establishment of DEA of- the Secretary of Commerce and other high- influence operations that includes an assess- fices in Shanghai and Guangzhou, China; and level officials of the United States Govern- ment of the extent of influence exerted by (2) additional efforts to establish new partment with responsibility for export pro- the Government of the People’s Republic of nerships with provincial-level authorities to motion, financing, and development should China and the Chinese Communist Party in counter the illicit trafficking of fentanyl, conduct joint trade missions to Africa and to Taiwan on local political parties, financial fentanyl analogues, and their precursors. Latin America and the Caribbean. institutions, media organizations, and other (e) FORM OF REPORT.—The report required (d) TRAINING.—The President shall develop entities. under subsection (c) shall be unclassified a plan— (3) Support for exchanges and other tech- with a classified annex. (1) to standardize the training received by nical assistance to strengthen the Taiwan SEC. 3219J. INVESTMENT, TRADE, AND DEVELOP- United States and Foreign Commercial Serv- legal system’s ability to respond to sharp MENT IN AFRICA AND LATIN AMER- ice officers, economic officers of the Depart- ICA AND THE CARIBBEAN. power operations. ment of State, and economic officers of the (a) STRATEGY REQUIRED.— (4) Establishment of a coordinated partner- United States Agency for International De- (1) IN GENERAL.—The President shall estab- ship, through the Global Cooperation and velopment with respect to the programs and lish a comprehensive United States strategy Training Framework, with like-minded gov- procedures of the Export-Import Bank of the for public and private investment, trade, and ernments to share data and best practices United States, the United States Inter- development in Africa and Latin America with the Government of Taiwan on ways to national Development Finance Corporation, and the Caribbean. address sharp power operations supported by the Small Business Administration, and the (2) FOCUS OF STRATEGY.—The strategy re- the Government of the People’s Republic of United States Trade and Development Agen- quired by paragraph (1) shall focus on in- China and the Chinese Communist Party. cy; and creasing exports of United States goods and SEC. 3219I. STUDY AND REPORT ON BILATERAL (2) to ensure that, not later than one year services to Africa and Latin America and the EFFORTS TO ADDRESS CHINESE after the date of the enactment of this Act— Caribbean by 200 percent in real dollar value FENTANYL TRAFFICKING. (A) all United States and Foreign Commer- (a) FINDINGS.—Congress finds the fol- by the date that is 10 years after the date of cial Service officers that are stationed over- lowing: the enactment of this Act. seas receive the training described in para- (1) In January 2020, the DEA named China (3) CONSULTATIONS.—In developing the graph (1); and as the primary source of United States- strategy required by paragraph (1), the Presi- (B) in the case of a country to which no bound illicit fentanyl and synthetic opioids. dent shall consult with— United States and Foreign Commercial Serv- (2) While in 2019 China instituted domestic (A) Congress; ice officer is assigned, any economic officer controls on the production and exportation (B) each agency that is a member of the of the Department of State stationed in that of fentanyl, some of its variants, and two Trade Promotion Coordinating Committee; country receives that training. precursors known as NPP and 4–ANPP, (C) the relevant multilateral development China has not yet expanded its class sched- banks, in coordination with the Secretary of (e) DEFINITIONS.—In this section: uling to include many fentanyl precursors the Treasury and the respective United (1) DEVELOPMENT AGENCIES.—The term ‘‘de- such as 4–AP, which continue to be traf- States Executive Directors of such banks; velopment agencies’’ means the United ficked to second countries in which they are (D) each agency that participates in the States Department of State, the United used in the final production of United Trade Policy Staff Committee established; States Agency for International Develop- States-bound fentanyl and other synthetic (E) the President’s Export Council; ment, the Millennium Challenge Corpora- opioids. (F) each of the development agencies; tion, the United States International Devel- (3) The DEA currently maintains a pres- (G) any other Federal agencies with re- opment Finance Corporation, the United ence in Beijing but continues to seek Chinese sponsibility for export promotion or financ- States Trade and Development Agency, the approval to open offices in the major ship- ing and development; and United States Department of Agriculture, ping hubs of Guangzhou and Shanghai. (H) the private sector, including busi- and relevant multilateral development (b) DEFINITIONS.—In this section: nesses, nongovernmental organizations, and banks. (1) APPROPRIATE COMMITTEES OF CON- African and Latin American and Caribbean (2) MULTILATERAL DEVELOPMENT BANKS.— GRESS.—The term ‘‘appropriate committees diaspora groups. The term ‘‘multilateral development banks’’ of Congress’’ means— (4) SUBMISSION TO CONGRESS.— has the meaning given that term in section (A) the Committee on the Judiciary of the (A) STRATEGY.—Not later than 180 days 1701(c)(4) of the International Financial In- Senate; after the date of the enactment of this Act, stitutions Act (22 U.S.C. 262r(c)(4)) and in- (B) the Committee on Foreign Relations of the President shall submit to Congress the cludes the African Development Foundation. the Senate; strategy required by subsection (a). (3) TRADE POLICY STAFF COMMITTEE.—The (C) the Committee on the Judiciary of the (B) PROGRESS REPORT.—Not later than 3 term ‘‘Trade Policy Staff Committee’’ means House of Representative; and years after the date of the enactment of this the Trade Policy Staff Committee estab- (D) the Committee on Foreign Affairs of Act, the President shall submit to Congress lished pursuant to section 2002.2 of title 15, the House of Representatives. a report on the implementation of the strat- Code of Federal Regulations. (2) CHINA.—The term ‘‘China’’ means the egy required by paragraph (1). (4) TRADE PROMOTION COORDINATING COM- People’s Republic of China. (b) SPECIAL AFRICA AND LATIN AMERICA AND MITTEE.—The term ‘‘Trade Promotion Co- (3) DEA.—The term ‘‘DEA’’ means the THE CARIBBEAN EXPORT STRATEGY COORDINA- ordinating Committee’’ means the Trade Drug Enforcement Administration. TORS.—The President shall designate an indi- Promotion Coordinating Committee estab- (4) PRECURSORS.—The term ‘‘precursors’’ vidual to serve as Special Africa Export lished under section 2312 of the Export En- means chemicals used in the illicit produc- Strategy Coordinator and an individual to hancement Act of 1988 (15 U.S.C. 4727).

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(5) UNITED STATES AND FOREIGN COMMERCIAL (ii) alter the nuclear balance in the Indo- China Sea is part of the Pacific, any armed SERVICE.—The term ‘‘United States and For- Pacific. attack on Philippine forces, aircraft, or pub- eign Commercial Service’’ means the United (4) The PRC sees an opportunity to dimin- lic vessels in the South China Sea will trig- States and Foreign Commercial Service es- ish confidence among United States allies ger mutual defense obligations under Article tablished by section 2301 of the Export En- and partners in the strength of United States 4 of our Mutual Defense Treaty.’’. hancement Act of 1988 (15 U.S.C. 4721). commitments, even to the extent that these (12) The PLA also continues to advance its SEC. 3219K. FACILITATION OF INCREASED EQ- nations feel compelled to bandwagon with influence over the Korean Peninsula, includ- UITY INVESTMENTS UNDER THE the PRC to protect their interests. The PRC ing through a series of joint air exercises BETTER UTILIZATION OF INVEST- is closely monitoring the United States reac- with the Russian Federation in the Republic MENTS LEADING TO DEVELOPMENT tion to PRC pressure and coercion of United of Korea’s Air Defense Identification Zone. ACT OF 2018. States allies, searching for indicators of (13) The PLA is modernizing and gaining (a) SENSE OF CONGRESS.—It is the sense of United States resolve. critical capability in every branch and every Congress that support provided under section (5) Achieving so-called ‘‘reunification’’ of domain, including— 1421(c)(1) of the Better Utilization of Invest- Taiwan to mainland China is a key step for (A) positioning the PLA Navy to become a ments Leading to Development Act of 2018 the PRC to achieve its regional hegemonic great maritime power or ‘‘blue-water’’ navy (22 U.S.C. 9621(c)(1)) should be considered to ambitions. The PRC has increased the fre- that can completely control all activity be a Federal credit program that is subject quency and scope of its exercises and oper- within the First Island Chain and project to the Federal Credit Reform Act of 1990 (2 ations targeting Taiwan, such as amphibious power beyond it with a fleet of 425 battle U.S.C. 661 et seq.) for purposes of applying assault and live-fire exercises in the Taiwan force ships by 2030; the requirements of such Act to such sup- Strait, PLA Air Force flights that encircle (B) increasing the size and range of its port. (b) MAXIMUM CONTINGENT LIABILITY.—Sec- Taiwan, and flights across the unofficial me- strike capabilities, including approximately tion 1433 of the Better Utilization of Invest- dian line in the Taiwan Strait. The Govern- 1,900 ground-launched short- and inter- ments Leading to Development Act of 2018 ment of the PRC’s full submission of Hong mediate-range missiles capable of targeting (22 U.S.C. 9633) is amended by striking Kong potentially accelerates the timeline of United States allies and partners in the First ‘‘$60,000,000,000’’ and inserting a Taiwan scenario, and makes the defense of and Second Island chains, United States ‘‘$100,000,000,000’’. Taiwan an even more urgent priority. bases in the Indo-Pacific, and United States (6) The defense of Taiwan is critical to— forces at sea; Subtitle B—International Security Matters (A) defending the people of Taiwan; (C) boosting capabilities for air warfare, SEC. 3221. DEFINITIONS. (B) limiting the PLA’s ability to project including with Russian-origin Su–35 fighters In this subtitle: power beyond the First Island Chain, includ- and S–400 air defense systems, new J–20 5th (1) APPROPRIATE COMMITTEES OF CON- ing to United States territory, such as Guam generation stealth fighters, advanced H–6 GRESS.—The term ‘‘appropriate committees and Hawaii; bomber variants, a long-range stealth bomb- of Congress’’ means— (C) defending the territorial integrity of er, and Y–20 heavy lift aircraft; (A) the Committee on Foreign Relations, Japan; (D) making critical investments in new do- the Committee on Armed Services, and the (D) preventing the PLA from diverting mains of warfare, such as cyber warfare, Committee on Appropriations of the Senate; military planning, resources, and personnel electronic warfare, and space warfare; and and to broader military ambitions; and (E) increasing the size of its nuclear stock- (B) the Committee on Foreign Affairs, the (E) retaining the United States credibility pile and delivery systems. Committee on Armed Services, and the Com- as a defender of the democratic values and (14) The PRC is pursuing this moderniza- mittee on Appropriations of the House of free-market principles embodied by Taiwan’s tion through all means at its disposal, in- Representatives. people and government; cluding its Military-Civil Fusion initiative, (2) COMPANY.—The term ‘‘company’’ means (7) The PRC capitalized on the world’s at- which enlists the whole of PRC society in de- any corporation, company, limited liability tention to COVID–19 to advance its military veloping and acquiring technology with mili- company, limited partnership, business objectives in the South China Sea, inten- tary applications to pursue technological ad- trust, business association, or other similar sifying and accelerating trends already un- vantage over the United States in artificial entity. derway. The PRC has sent militarized survey intelligence, hypersonic glide vehicles, di- (3) OTHER SECURITY FORCES.—The term vessels into the Malaysian Exclusive Eco- rected energy weapons, electromagnetic ‘‘other security forces’’— nomic Zone, announced the establishment of railguns, counter-space weapons, and other (A) includes national security forces that an administrative district in the Spratly and emerging capabilities. conduct maritime security; and Paracel Islands under the Chinese local gov- (15) The United States lead in the develop- (B) does not include self-described militias ernment of Sansha, aimed a fire control ment of science and technology relevant to or paramilitary organizations. radar at a Philippine navy ship, encroached defense is eroding in the face of competition SEC. 3222. FINDINGS. on Indonesia’s fishing grounds, sunk a Viet- from the PRC. United States research and Congress makes the following findings: namese fishing boat, announced new ‘‘re- development spending on defense capabilities (1) The People’s Republic of China aims to search stations’’ on Fiery Cross Reef and has declined sharply as a share of global reuse its growing military might in concert Subi Reef, landed special military aircraft search and development. The commercial with other instruments of its national power on Fiery Cross Reef to routinize such deploy- sector’s leading role in innovation presents to displace the United States in the Indo-Pa- ments, and sent a flotilla of over 200 militia certain unique challenges to the Department cific and establish hegemony over the re- vessels to Whitsun Reef, a feature within the of Defense’s reliance on technology for bat- gion. exclusive economic zone of the Philippines. tlefield advantage. (2) The military balance of power in the (8) On July 13, 2020, the Department of (16) The PRC has vastly increased domestic Indo-Pacific region is growing increasingly State clarified United States policy on the research and development expenditures, sup- unfavorable to the United States because— South China Sea and stated that ‘‘Beijing’s ported the growth of new cutting-edge indus- (A) the PRC is rapidly modernizing and ex- claims to offshore resources across most of tries and tapped into a large workforce to in- panding the capabilities of the PLA to the South China Sea are completely unlaw- vest in fostering science and engineering tal- project power and create contested areas ful’’. ent. across the entire Indo-Pacific region; (9) These actions in the South China Sea (17) The PRC is increasing exports of de- (B) PLA modernization has largely focused enable the PLA to exert influence and fense and security capabilities to build its on areas where it possesses operational ad- project power deeper into Oceania and the defense technology and industrial base and vantages and can exploit weaknesses in the Indian Ocean. As Admiral Phil Davidson, improve its own military capabilities, as United States suite of capabilities; and Commander of Indo-Pacific Command, testi- well as its influence with countries that pur- (C) current United States force structure fied in 2019, ‘‘In short, China is now capable chase and become dependent on its military and presence do not sufficiently counter of controlling the South China Sea in all sce- systems. threats in the Indo-Pacific, as United States narios short of war with the United States.’’. SEC. 3223. SENSE OF CONGRESS REGARDING allies, bases, and forces at sea in the Indo- (10) The PLA also continues to advance its BOLSTERING SECURITY PARTNER- Pacific region are concentrated in large claims in the East China Sea, including SHIPS IN THE INDO-PACIFIC. bases that are highly vulnerable to the through a high number of surface combatant It is the sense of Congress that steps to PRC’s strike capabilities. patrols and frequent entry into the terri- bolster United States security partnerships (3) This shift in the regional military bal- torial waters of the Senkaku Islands, over in the Indo-Pacific must include— ance and erosion of conventional and stra- which the United States recognizes Japan’s (1) supporting Japan in its development of tegic deterrence in the Indo-Pacific region— administrative control. In April 2014, Presi- long-range precision fires, munitions, air and (A) presents a substantial and imminent dent Barack Obama stated, ‘‘Our commit- missile defense capacity, interoperability risk to the security of the United States; and ment to Japan’s security is absolute and ar- across all domains, maritime security, and (B) left unchecked, could— ticle five of the U.S.-Japan security treaty intelligence, surveillance, and reconnais- (i) embolden the PRC to take actions, in- covers all territory under Japan’s adminis- sance capabilities; cluding the use of military force, to change tration, including the Senkaku islands.’’. (2) launching a United States-Japan na- the status quo before the United States can (11) On March 1, 2019, Secretary of State tional security innovation fund to solicit and mount an effective response; and Michael R. Pompeo stated, ‘‘As the South support private sector cooperation for new

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2674 CONGRESSIONAL RECORD — SENATE May 18, 2021 technologies that could benefit the United cooperation with partners and allies, in (1) $110,000,000 for fiscal year 2022; States and Japan’s mutual security objec- order to reaffirm the principle of freedom of (2) $125,000,000 for fiscal year 2023; tives; operations in international waters and air- (3) $130,000,000 for fiscal year 2024; (3) promoting a deeper defense relationship space in accordance with established prin- (4) $140,000,000 for fiscal year 2025; and between Japan and Australia, including sup- ciples and practices of international law; (5) $150,000,000 for fiscal year 2026. porting reciprocal access agreements and tri- (8) sustain the Taiwan Relations Act (Pub- (b) SOUTHEAST MARITIME LAW ENFORCE- lateral United States-Japan-Australia intel- lic Law 96–8; 22 U.S.C. 3301 et seq.) and the MENT INITIATIVE.—There is authorized to be ligence sharing; ‘‘Six Assurances’’ provided by the United appropriated $10,000,000 for each of fiscal (4) encouraging and facilitating Taiwan’s States to Taiwan in July 1982 as the founda- years 2022 through 2026 for the Department of accelerated acquisition of asymmetric de- tions for United States-Taiwan relations, State for International Narcotics Control fense capabilities, which are crucial to de- and to deepen, to the fullest extent possible, and Law Enforcement (INCLE) for the sup- fending the islands of Taiwan from invasion, the extensive, close, and friendly relations of port of the Southeast Asia Maritime Law including long-range precision fires, muni- the United States and Taiwan, including co- Enforcement Initiative. tions, anti-ship missiles, coastal defense, operation to support the development of ca- (c) DIPLOMATIC OUTREACH ACTIVITIES.— There is authorized to be appropriated to the anti-armor, air defense, undersea warfare, pable, ready, and modern forces necessary Department of State $1,000,000 for each of fis- advanced command, control, communica- for the defense of Taiwan; cal years 2022 through 2026, which shall be tions, computers, intelligence, surveillance (9) enhance security partnerships with used— and reconnaissance (C4ISR), and resilient India, across Southeast Asia, and with other (1) to conduct, in coordination with the De- command and control capabilities, and in- nations of the Indo-Pacific; partment of Defense, outreach activities, increasing the conduct of relevant and prac- (10) deter acts of aggression or coercion by cluding conferences and symposia, to famil- tical training and exercises with Taiwan’s the PRC against United States and allies’ in- iarize partner countries, particularly in the defense forces; and terests, especially along the First Island Indo-Pacific region, with the United States’ (5) prioritizing building the capacity of Chain and in the Western Pacific, by showing interpretation of international law relating United States allies and partners to protect PRC leaders that the United States can and to freedom of the seas; and defense technology. is willing to deny them the ability to achieve (2) to work with allies and partners in the SEC. 3224. STATEMENT OF POLICY. their objectives, including by— Indo-Pacific region to better align respective It shall be the policy of the United States (A) consistently demonstrating the polit- interpretations of international law relating to— ical will of the United States to deepening to freedom of the seas, including on the mat- (1) prioritize the Indo-Pacific region in existing treaty alliances and growing new ters of operations by military ships in exclu- United States foreign policy, and prioritize partnerships as a durable, asymmetric, and sive economic zones, innocent passage resources for achieving United States polit- unmatched strategic advantage to the PRC’s through territorial seas, and transits ical and military objectives in the region; growing military capabilities and reach; through international straits. (2) exercise freedom of operations in the (B) maintaining a system of forward-de- (d) PROGRAM AUTHORIZATION AND PUR- international waters and airspace in the ployed bases in the Indo-Pacific region as the POSE.—Using amounts appropriated pursuant Indo-Pacific maritime domains, which are most visible sign of United States resolve to subsection (a), the Secretary of State, in critical to the prosperity, stability, and se- and commitment to the region, and as plat- coordination with the Secretary of Defense, curity of the Indo-Pacific region; forms to ensure United States operational is authorized to provide assistance for the (3) maintain forward-deployed forces in the readiness and advance interoperability with purpose of increasing maritime security and Indo-Pacific region, including a rotational allies and partners; domain awareness for countries in the Indo- bomber presence, integrated missile defense (C) adopting a more dispersed force posture Pacific region— capabilities, long-range precision fires, un- throughout the region, particularly the (1) to provide assistance to national mili- dersea warfare capabilities, and diversified Western Pacific, and pursuing maximum ac- tary or other security forces of such coun- and resilient basing and rotational presence, cess for United States mobile and tries that have maritime security missions including support for pre-positioning strate- relocatable launchers for long-range cruise, among their functional responsibilities; gies; ballistic, and hypersonic weapons through- (2) to provide training to ministry, agency, (4) strengthen and deepen the alliances and out the Indo-Pacific region; and headquarters level organizations for partnerships of the United States to build (D) fielding long-range, precision-strike such forces; and capacity and capabilities, increase multilat- networks to United States and allied forces, (3) to provide assistance and training to eral partnerships, modernize communica- including ground-launched cruise missiles, other relevant foreign affairs, maritime, or tions architecture, address anti-access and undersea and naval capabilities, and inte- security-related ministries, agencies, depart- area denial challenges, and increase joint ex- grated air and missile defense in the First Is- ments, or offices that manage and oversee ercises and security cooperation efforts; land Chain and the Second Island Chain, in maritime activities and policy that the Sec- (5) reaffirm the commitment and support order to deter and prevent PRC coercion and retary of State may so designate. (e) DESIGNATION OF ASSISTANCE.—Assist- of the United States for allies and partners aggression, and to maximize the United ance provided by the Secretary of State in the Indo-Pacific region, including long- States ability to operate; under subsection (g) shall be known as the standing United States policy regarding— (E) strengthening extended deterrence to ensure that escalation against key United ‘‘Indo-Pacific Maritime Security Initiative’’ (A) Article V of the Treaty of Mutual Co- (in this section referred to as the ‘‘Initia- operation and Security between the United States interests would be costly, risky, and self-defeating; and tive’’). States and Japan, signed at Washington Jan- (f) PROGRAM OBJECTIVES.—Assistance pro- (F) collaborating with allies and partners uary 19, 1960; vided through the Initiative may be used to to accelerate their roles in more equitably (B) Article III of the Mutual Defense Trea- accomplish the following objectives: sharing the burdens of mutual defense, in- ty between the United States and the Repub- (1) Retaining unhindered access to and use cluding through the acquisition and fielding lic of Korea, signed at Washington October 1, of international waterways in the Indo-Pa- 1953; of advanced capabilities and training that cific region that are critical to ensuring the (C) Article IV of the Mutual Defense Trea- will better enable them to repel PRC aggres- security and free flow of commerce and to ty between the United States and the Repub- sion or coercion; and achieving United States national security lic of the Philippines, signed at Washington (11) maintain the capacity of the United objectives. August 30, 1951, including that, as the South States to impose prohibitive diplomatic, eco- (2) Improving maritime domain awareness China Sea is part of the Pacific, any armed nomic, financial, reputational, and military in the Indo-Pacific region. attack on Philippine forces, aircraft or pub- costs on the PRC for acts of coercion or ag- (3) Countering piracy in the Indo-Pacific lic vessels in the South China Sea will trig- gression, including to defend itself and its al- region. ger mutual defense obligations under Article lies regardless of the point of origin of at- (4) Disrupting illicit maritime trafficking IV of our mutual defense treaty; tacks against them. activities and other forms of maritime traf- (D) Article IV of the Australia, New Zea- SEC. 3225. FOREIGN MILITARY FINANCING IN THE ficking activity in the Indo-Pacific that di- land, United States Security Treaty, done at INDO-PACIFIC AND AUTHORIZATION rectly benefit organizations that have been San Francisco September 1, 1951; and OF APPROPRIATIONS FOR SOUTH- EAST ASIA MARITIME SECURITY determined to be a security threat to the (E) the Southeast Asia Collective Defense PROGRAMS AND DIPLOMATIC OUT- United States. Treaty, done at Manila September 8, 1954, to- REACH ACTIVITIES. (5) Enhancing the maritime capabilities of gether with the Thanat-Rusk Communique (a) FOREIGN MILITARY FINANCING FUND- a country or regional organization to re- of 1962; ING.—In addition to any amount appro- spond to emerging threats to maritime secu- (6) collaborate with United States treaty priated pursuant to section 23 of the Arms rity in the Indo-Pacific region. allies in the Indo-Pacific to foster greater Export Control Act (22 U.S.C. 2763) (relating (6) Strengthening United States alliances multilateral security and defense coopera- to foreign military financing assistance), and partnerships in Southeast Asia and other tion with other regional partners; there is authorized to be appropriated for parts of the Indo-Pacific region. (7) ensure the continuity of operations by each of fiscal years 2022 through fiscal year (g) AUTHORIZATION OF APPROPRIATIONS.— the United States Armed Forces in the Indo- 2026 for activities in the Indo-Pacific region (1) IN GENERAL.—Of the amount appro- Pacific region, including, as appropriate, in in accordance with this section— priated pursuant to subsection (a) (relating

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2675 to foreign military financing assistance), or no-interest loans to the government of an nisms to be used for the negotiation of the there is authorized to be appropriated to the eligible country described in subsection (c). Compact. Department of State for the Indo-Pacific (c) ELIGIBLE COUNTRIES.— (f) ASSESSMENT OF PILOT PROGRAM AND Maritime Security Initiative and other re- (1) IN GENERAL.—A country shall be a can- RECOMMENDATIONS.—Not later than 90 days lated regional programs exactly— didate country for purposes of eligibility for after the conclusion of the pilot program, (A) $70,000,000 for fiscal year 2022; assistance for fiscal years 2022 and 2023 if— the Secretary of State shall provide a report (B) $80,000,000 for fiscal year 2023; (A) the country is classified as a lower to the appropriate congressional committees (C) $90,000,000 for fiscal year 2024; middle income country in the then-most re- with respect to the pilot program, including (D) $100,000,000 for fiscal year 2025; and cent edition of the World Development Re- an assessment of the success and utility of (E) $110,000,000 for fiscal year 2026. port for Reconstruction and Development the pilot program established under this sub- (2) RULE OF CONSTRUCTION.—The ‘‘Indo-Pa- published by the International Bank for Re- section in meeting United States objectives cific Maritime Security Initiative’’ and construction and Development and has an in- and a recommendation with respect to funds authorized for the Initiative shall income greater than the historical ceiling for whether to continue a further foreign mili- clude existing regional programs carried out International Development Association eli- tary financing compact program on a pilot by the Department of State related to mari- gibility for the fiscal year involved; and or permanent basis. time security, including the Southeast Asia (B) the Secretary of State determines that SEC. 3227. ADDITIONAL FUNDING FOR INTER- Maritime Security Initiative. the country is committed to seeking just and NATIONAL MILITARY EDUCATION (h) ELIGIBILITY AND PRIORITIES FOR ASSIST- democratic governance, including with a AND TRAINING IN THE INDO-PA- demonstrated commitment to— CIFIC. ANCE.— (i) the promotion of political pluralism, There is authorized to be appropriated for (1) IN GENERAL.—The Secretary of State shall use the following considerations when equality, and the rule of law; each of fiscal years 2022 through fiscal year selecting which countries in the Indo-Pacific (ii) respect for human and civil rights; 2026 for the Department of State, out of region should receive assistance pursuant to (iii) protection of private property rights; amounts appropriated or otherwise made the Initiative: (iv) transparency and accountability of available for assistance under chapter 5 of (A) Assistance may be provided to a coun- government; part II of the Foreign Assistance Act of 1961 try in the Indo-Pacific region to enhance the (v) anti-corruption; and (22 U.S.C. 2347 et seq.) (relating to inter- capabilities of that country according to the (vi) the institution of effective civilian national military education and training objectives outlined in (f), or of a regional or- control, professionalization, and respect for (IMET) assistance), $45,000,000 for activities ganization that includes that country, to human rights by and the accountability of in the Indo-Pacific region in accordance with conduct— the armed forces. this division. DENTIFICATION OF ELIGIBLE COUNTRIES.— (i) maritime intelligence, surveillance, and (2) I SEC. 3228. PRIORITIZING EXCESS DEFENSE ARTI- Not later than 90 days prior to the date on reconnaissance; CLE TRANSFERS FOR THE INDO-PA- which the Secretary of State determines eli- CIFIC. (ii) littoral and port security; gible countries for an FMF Challenge Com- (a) SENSE OF CONGRESS.—It is the sense of (iii) Coast Guard operations; pact, the Secretary— Congress that the United States Government (iv) command and control; and (A) shall prepare and submit to the appro- should prioritize the review of excess defense (v) management and oversight of maritime priate congressional committees a report article transfers to Indo-Pacific partners. activities. that contains a list of all eligible countries (b) FIVE-YEAR PLAN.—Not later than 90 (B) Priority shall be placed on assistance identified that have met the requirements days after the date of the enactment of this to enhance the maritime security capabili- under paragraph (1) for the fiscal year; and Act, the President shall develop a five-year ties of the military or security forces of (B) shall consult with the appropriate con- plan to prioritize excess defense article countries in the Indo-Pacific region that gressional committees on the extent to transfers to the Indo-Pacific and provide a have maritime missions and the government which such countries meet the criteria de- report describing such plan to the appro- agencies responsible for such forces. scribed in paragraph (1). priate committees of Congress. (2) TYPES OF ASSISTANCE AND TRAINING.— (d) FMF CHALLENGE COMPACT.— (c) TRANSFER AUTHORITY.—Section 516(c)(2) (A) AUTHORIZED ELEMENTS OF ASSISTANCE.— (1) COMPACT.—The Secretary of State may of the Foreign Assistance Act of 1961 (22 Assistance provided under paragraph (1)(A) provide assistance for an eligible country U.S.C. 2321j(c)(2)) is amended by inserting ‘‘, may include the provision of equipment, only if the country enters into an agreement Thailand, Indonesia, Vietnam, and Malay- training, and small-scale military construc- with the United States, to be known as an sia’’ after ‘‘and to the Philippines’’. tion. ‘‘FMF Challenge Compact’’ (in this sub- (d) REQUIRED COORDINATION.—The United (B) REQUIRED ELEMENTS OF ASSISTANCE AND section referred to as a ‘‘Compact’’) that es- States Government shall coordinate and TRAINING.—Assistance and training provided tablishes a multi-year plan for achieving align excess defense article transfers with under subparagraph (A) shall include ele- shared security objectives in furtherance of capacity building efforts of regional allies ments that promote— the purposes of this title. and partners. (i) the observance of and respect for human (2) ELEMENTS.—The elements of the Com- (e) TAIWAN.—Taiwan shall receive the same rights; and pact shall be those listed in subsection benefits conferred for the purposes of trans- (ii) respect for legitimate civilian author- (c)(1)(B) for determining eligibility, and be fers pursuant to section 516(c)(2) of the For- ity within the country to which the assist- designed to significantly advance the per- eign Assistance Act of 1961 (22 U.S.C. ance is provided. formance of those commitments during the 2321j(c)(2)). SEC. 3226. FOREIGN MILITARY FINANCING COM- period of the Compact. SEC. 3229. PRIORITIZING EXCESS NAVAL VESSEL PACT PILOT PROGRAM IN THE INDO- (3) IN GENERAL.—The Compact should take TRANSFERS FOR THE INDO-PACIFIC. PACIFIC. into account the national strategy of the eli- (a) AUTHORITY.—The President is author- (a) AUTHORIZATION OF APPROPRIATIONS.— gible country and shall include— ized to transfer to a government of a country There is authorized to be appropriated (A) the specific objectives that the country listed pursuant to the amendment made $20,000,000 for each of fiscal years 2022 and and the United States expect to achieve dur- under section 3228(c) two OLIVER HAZARD 2023 for the creation of a pilot program for ing the term of the Compact, including both PERRY class guided missile frigates on a foreign military financing (FMF) compacts. how the foreign military financing under the grant basis under section 516 of the Foreign (b) ASSISTANCE.— Compact will advance shared security inter- Assistance Act of 1961 (22 U.S.C. 2321j). (1) IN GENERAL.—The Secretary of State is ests and advance partner capacity building (b) GRANTS NOT COUNTED IN ANNUAL TOTAL authorized to create a pilot program, for a efforts as well as to advance national efforts OF TRANSFERRED EXCESS DEFENSE ARTI- duration of two years, with an assessment towards just and democratic governance; CLES.—The value of a vessel transferred to for any additional or permanent program- (B) the responsibilities of the country and another country on a grant basis pursuant to ming, to provide assistance under this sec- the United States in the achievement of such authority provided by this section shall not tion for each country that enters into an objectives; be counted against the aggregate value of ex- FMF Challenge Compact with the United (C) regular benchmarks to measure, where cess defense articles transferred in any fiscal States pursuant to subsection (d) to support appropriate, progress toward achieving such year under section 516 of the Foreign Assist- policies and programs that advance the objectives; and ance Act of 1961 (22 U.S.C. 2321j). progress of the country in achieving lasting (D) the strategy of the eligible country to (c) COSTS OF TRANSFERS.—Any expense insecurity and civilian-military governance sustain progress made toward achieving such curred by the United States in connection through respect for human rights, good gov- objectives after expiration of the Compact. with a transfer authorized by this section ernance (including transparency and free and (e) CONGRESSIONAL CONSULTATION PRIOR TO shall be charged to the recipient notwith- fair elections), and cooperation with United COMPACT NEGOTIATIONS.—Not later than 15 standing section 516(e) of the Foreign Assist- States and international counter-terrorism, days before commencing negotiations of a ance Act of 1961 (22 U.S.C. 2321j(e)). anti-trafficking, and counter-crime efforts Compact with an eligible country, the Sec- (d) REPAIR AND REFURBISHMENT IN UNITED and programs. retary of State shall consult with the appro- STATES SHIPYARDS.—To the maximum extent (2) FORM OF ASSISTANCE.—Assistance under priate congressional committees with re- practicable, the President shall require, as a this subsection may be provided in the form spect to the proposed Compact negotiation condition of the transfer of a vessel under of grants, cooperative agreements, contracts, and shall identify the objectives and mecha- this subsection, that the recipient to which

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2676 CONGRESSIONAL RECORD — SENATE May 18, 2021 the vessel is transferred have such repair or waters or territorial seas, must be derived (A) urge allies and partners to invest in refurbishment of the vessel as is needed, be- from land features and otherwise comport sufficient quantities of munitions to meet fore the vessel joins the naval forces of that with international law; contingency requirements and avoid the recipient, performed at a shipyard located in (8) oppose the imposition of new fishing need for accessing United States stocks in the United States. regulations covering disputed areas in the wartime; and (e) EXPIRATION OF AUTHORITY.—The author- South China Sea, regulations which have (B) cooperate with allies to deliver such ity to transfer a vessel under this section raised tensions in the region; munitions, or when necessary, to increase al- shall expire at the end of the 3-year period (9) support an effective Code of Conduct, if lies’ capacity to produce such munitions. beginning on the date of the enactment of that Code of Conduct reflects the interests of (b) APPROPRIATE COMMITTEES OF CON- this Act. Southeast Asian claimant states and does GRESS.—In this section, the term ‘‘appro- SEC. 3230. STATEMENT OF POLICY ON MARITIME not serve as a vehicle for the People’s Repub- priate committees of Congress’’ means— FREEDOM OF OPERATIONS IN lic of China to advance its unlawful mari- (1) the Committee on Foreign Relations INTERNATIONAL WATERWAYS AND time claims; and the Committee on Appropriations of the AIRSPACE OF THE INDO-PACIFIC (10) reaffirm that an existing body of inter- Senate; and AND ON ARTIFICIAL LAND FEA- national rules and guidelines, including the (2) the Committee on Foreign Affairs and TURES IN THE SOUTH CHINA SEA. the Committee on Appropriations of the (a) SENSE OF CONGRESS.—Congress— International Regulations for Preventing Collisions at Sea, done at London October 12, House of Representatives. (1) condemns coercive and threatening ac- (c) REPORT.— tions or the use of force to impede freedom of 1972 (COLREGs), is sufficient to ensure the safety of navigation between the United (1) IN GENERAL.—Not later than 90 days operations in international airspace by mili- after the date of the enactment of this Act, States Armed Forces and the forces of other tary or civilian aircraft, to alter the status the Secretary of State, in coordination with countries, including the People’s Republic of quo, or to destabilize the Indo-Pacific region; the Secretary of Defense, shall submit to the China; (2) urges the Government of the People’s appropriate committees of Congress a report (11) support the development of regional Republic of China to refrain from imple- that describes United States priorities for institutions and bodies, including the menting the declared East China Sea Air De- building more capable security partners in ASEAN Regional Forum, the ASEAN De- fense Identification Zone (ADIZ), or an ADIZ the Indo-Pacific region. fense Minister’s Meeting Plus, the East Asia in the South China Sea, which is contrary to (2) MATTERS TO BE INCLUDED.—The report Summit, and the expanded ASEAN Maritime freedom of overflight in international air- required under paragraph (1) shall— Forum, to build practical cooperation in the space, and to refrain from taking similar (A) provide a priority list of defense and provocative actions elsewhere in the Indo- region and reinforce the role of international military capabilities that Indo-Pacific allies Pacific region; law; and partners must possess for the United (3) reaffirms that the 2016 Permanent (12) encourage the deepening of partner- States to be able to achieve its military ob- Court of Arbitration decision is final and le- ships with other countries in the region for jectives in the Indo-Pacific region; gally binding on both parties and that the maritime domain awareness and capacity (B) identify, from the list referred to in People’s Republic of China’s claims to off- building, as well as efforts by the United subparagraph (A), the capabilities that are shore resources across most of the South States Government to explore the develop- best provided, or can only be provided, by China Sea are unlawful; and ment of appropriate multilateral mecha- the United States; (4) condemns the People’s Republic of nisms for a ‘‘common operating picture’’ in (C) identify— China for failing to abide by the 2016 Perma- the South China Sea among Southeast Asian (i) actions required to prioritize United nent Court of Arbitration ruling, despite the countries that would serve to help countries States Government resources and personnel PRC’s obligations as a state party to the avoid destabilizing behavior and deter risky to expedite fielding the capabilities identi- United Nations Convention on the Law of and dangerous activities; fied in subparagraph (B); and the Sea. (13) oppose actions by any country to pre- (ii) steps needed to fully account for and a (b) STATEMENT OF POLICY.—It shall be the vent any other country from exercising its plan to integrate all means of United States policy of the United States to— sovereign rights to the resources of the ex- foreign military sales, direct commercial (1) reaffirm its commitment and support clusive economic zone (EEZ) and continental sales, security assistance, and all applicable for allies and partners in the Indo-Pacific re- shelf by making claims to those areas in the authorities of the Department of State and gion, including longstanding United States South China Sea that have no support in the Department of Defense; policy regarding Article V of the United international law; and (D) assess the requirements for United States-Philippines Mutual Defense Treaty (14) assure the continuity of operations by States security assistance, including Inter- and reaffirm its position that Article V of the United States in the Indo-Pacific region, national Military Education and Training, in the United States-Japan Mutual Defense including, when appropriate, in cooperation the Indo-Pacific region, as a part of the Treaty applies to the Japanese-administered with partners and allies, to reaffirm the means to deliver critical partner capability Senkaku Islands; principle of freedom of operations in inter- requirements identified in subparagraph (B); (2) oppose claims that impinge on the national waters and airspace in accordance (E) assess the resources necessary to meet rights, freedoms, and lawful use of the sea, with established principles and practices of the requirements for United States security or the airspace above it, that belong to all international law. assistance, and identify resource gaps; nations, and oppose the militarization of new SEC. 3231. REPORT ON CAPABILITY DEVELOP- (F) assess the major obstacles to fulfilling and reclaimed land features in the South MENT OF INDO-PACIFIC ALLIES AND requirements for United States security as- China Sea; PARTNERS. sistance in the Indo-Pacific region, including (3) continue certain policies with respect (a) SENSE OF CONGRESS.—It is the sense of resources and personnel limits, foreign legis- to the PRC claims in the South China Sea, Congress that— lative and policy barriers, and factors re- namely— (1) the Secretary of State should expand lated to specific partner countries; (A) that PRC claims in the South China and strengthen existing measures under the (G) identify limitations on the ability of Sea, including to offshore resources across United States Conventional Arms Transfer the United States to provide such capabili- most of the South China Sea, are unlawful; Policy to provide capabilities to allies and ties, including those identified under sub- (B) that the PRC cannot lawfully assert a partners consistent with agreed-on division paragraph (B), because of existing United maritime claim vis-a` -vis the Philippines in of responsibility for alliance roles, missions States treaty obligations, United States areas that the Permanent Court of Arbitra- and capabilities, prioritizing allies and part- policies, or other regulations; tion found to be in the Philippines’ Exclusive ners in the Indo-Pacific region in accordance (H) recommend improvements to the proc- Economic Zone (EEZ) or on its continental with United States strategic imperatives; ess for developing requirements for United shelf; (2) the United States should design for ex- States partner capabilities; and (C) to reject any PRC claim to waters be- port to Indo-Pacific allies and partners capa- (I) identify required jointly agreed rec- yond a 12 nautical mile territorial sea de- bilities critical to maintaining a favorable ommendations for infrastructure and pos- rived from islands it claims in the Spratly military balance in the region, including ture, based on any ongoing mutual dia- Islands; and long-range precision fires, air and missile de- logues. (D) that the PRC has no lawful territorial fense systems, anti-ship cruise missiles, land (3) FORM.—The report required under this or maritime claim to James Shoal; attack cruise missiles, conventional subsection shall be unclassified, but may in- (4) urge all parties to refrain from engag- hypersonic systems, intelligence, surveil- clude a classified annex. ing in destabilizing activities, including ille- lance, and reconnaissance capabilities, and SEC. 3232. REPORT ON NATIONAL TECHNOLOGY gal occupation or efforts to unlawfully assert command and control systems; AND INDUSTRIAL BASE. administration over disputed claims; (3) the United States should pursue, to the (a) SENSE OF CONGRESS.—It is the sense of (5) ensure that disputes are managed with- maximum extent possible, anticipatory tech- Congress that— out intimidation, coercion, or force; nology security and foreign disclosure policy (1) a more streamlined, shared, and coordi- (6) call on all claimants to clarify or adjust on the systems described in paragraph (2); nated approach, which leverages economies claims in accordance with international law; and of scale with major allies, is necessary for (7) uphold the principle that territorial and (4) the Secretary of State, in coordination the United States to retain its lead in de- maritime claims, including territorial with the Secretary of Defense, should— fense technology;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2677 (2) allowing for the export, re-export, or (6) lessons learned from the diplomatic ex- nium Challenge Act of 2003 (22 U.S.C. 7708, transfer of defense-related technologies and perience of addressing the PRC’s first over- 7715). services to members of the national tech- seas base in Djibouti. (c) NATIONAL INTEREST WAIVER.—The nology and industrial base (as defined in sec- (c) FORM OF REPORT.—The report required President may, on a case by case basis, waive tion 2500 of title 10, United States Code) under subsection (a) shall be classified, but the limitation in subsection (b) if the Presi- would advance United States security inter- may include a unclassified summary. dent submits to the appropriate congres- ests by helping to leverage the defense-re- SEC. 3234. STATEMENT OF POLICY REGARDING sional committees— lated technologies and skilled workforces of UNIVERSAL IMPLEMENTATION OF (1) a written determination that the waiver trusted allies to reduce the dependence on UNITED NATIONS SANCTIONS ON is important to the national interests of the other countries, including countries that NORTH KOREA. United States; and It is the policy of the United States to sus- pose challenges to United States interests (2) a detailed explanation of how the waiv- tain maximum economic pressure on the around the world, for defense-related innova- er is important to those interests. Government of the Democratic People’s Re- tion and investment; and public of Korea (referred to in this section as Subtitle C—Regional Strategies to Counter (3) it is in the interest of the United States the ‘‘DPRK’’) until the regime undertakes the People’s Republic of China to continue to increase cooperation with complete, verifiable, and irreversible actions SEC. 3241. STATEMENT OF POLICY ON COOPERA- Australia, Canada, and the United Kingdom toward denuclearization, including by— TION WITH ALLIES AND PARTNERS of Great Britain and Northern Ireland to pro- (1) pressing all nations, including the PRC, AROUND THE WORLD WITH RE- tect critical defense-related technology and SPECT TO THE PEOPLE’S REPUBLIC to implement and enforce existing United services and leverage the investments of OF CHINA. Nations sanctions with regard to the DPRK; like-minded, major ally nations in order to It is the policy of the United States— (2) pressing all nations, including the PRC, maximize the strategic edge afforded by de- (1) to strengthen alliances and partner- and in accordance with United Nations Secu- fense technology innovation. ships in Europe and with like-minded coun- rity Council resolutions, to end the practice (b) REPORT.— tries around the globe to effectively compete of hosting DPRK citizens as guest workers, with the People’s Republic of China; and (1) IN GENERAL.—Not later than 90 days recognizing that such workers are dem- after the date of the enactment of this Act, (2) to work in collaboration with such al- onstrated to constitute an illicit source of lies and partners— the Secretary of State shall submit a report revenue for the DPRK regime and its nuclear to the appropriate congressional committees (A) to address significant diplomatic, eco- ambitions; nomic, and military challenges posed by the that— (3) pressing all nations, including the PRC, (A) describes the Department of State’s ef- People’s Republic of China; to pursue rigorous interdiction of shipments (B) to deter the People’s Republic of China forts to facilitate access among the national to and from the DPRK, including ship-to- technology and industrial base to defense ar- from pursuing military aggression; ship transfers, consistent with United Na- (C) to promote the peaceful resolution of ticles and services subject to the United tions Security Council resolutions; States Munitions List under section 38(a)(1) territorial disputes in accordance with inter- (4) pressing the PRC and PRC entities— national law; of the Arms Export Control Act (22 U.S.C. (A) to cease business activities with United 2778(a)(1)); and (D) to promote private sector-led long- Nations-designated entities and their affili- term economic development while coun- (B) identifies foreign legal and regulatory ates in the DPRK; and challenges, as well as foreign policy or other tering efforts by the Government of the Peo- (B) to expel from the PRC individuals who ple’s Republic of China to leverage predatory challenges or considerations that prevent or enable the DPRK to acquire materials for its frustrate these efforts, to include any gaps in economic practices as a means of political nuclear and ballistic missile programs; and and economic coercion in the Indo-Pacific the respective export control regimes imple- (5) enforcing United Nations Security mented by United Kingdom of Great Britain region and beyond; Council resolutions with respect to the (E) to promote the values of democracy and Northern Ireland, Australia, or Canada. DPRK and United States sanctions, includ- (2) FORM.—This report required under para- and human rights, including through efforts ing those pursuant to the North Korea Sanc- to end the repression by the Chinese Com- graph (1) shall be unclassified, but may in- tions and Policy Enhancement Act of 2016 clude a classified annex. munist Party of political dissidents, (Public Law 114–122), the Countering Amer- Uyghurs, and other ethnic Muslim minori- SEC. 3233. REPORT ON DIPLOMATIC OUTREACH ica’s Adversaries Through Sanctions Act ties, Tibetan Buddhists, Christians, and WITH RESPECT TO CHINESE MILI- (Public Law 115–44), the Otto Warmbier other minorities; TARY INSTALLATIONS OVERSEAS. North Korea Nuclear Sanctions and Enforce- (F) to respond to the crackdown by the ment Act of 2019 (title LXXI of division F of (a) IN GENERAL.—Not later than 180 days Chinese Communist Party, in contravention after the date of the enactment of this Act, Public Law 116–92), and relevant United of the commitments made under the Sino- the Secretary of State, in consultation with States executive orders. British Joint Declaration of 1984 and the the Secretary of Defense, shall submit a re- SEC. 3235. LIMITATION ON ASSISTANCE TO COUN- Basic Law of Hong Kong, on the legitimate port to the appropriate committees of Con- TRIES HOSTING CHINESE MILITARY INSTALLATIONS. aspirations of the people of Hong Kong; and gress regarding United States diplomatic en- (G) to counter the Chinese Communist Par- (a) SENSE OF CONGRESS.—It is the sense of gagement with other nations that host or are Congress that— ty’s efforts to spread disinformation in the considering hosting any military installa- (1) although it casts the Belt and Road Ini- People’s Republic of China and beyond with tion of the Government of the People’s Re- tiative (BRI) as a development initiative, the respect to the response of the Chinese Com- public of China. People’s Republic of China is also utilizing munist Party to COVID–19. (b) MATTERS TO BE INCLUDED.—The report the BRI to advance its own security inter- PART I—WESTERN HEMISPHERE required under subsection (a) shall include— ests, including to expand its power projec- SEC. 3245. SENSE OF CONGRESS REGARDING (1) a list of countries that currently host or tion capabilities and facilitate greater access UNITED STATES-CANADA RELA- are considering hosting any military instal- for the People’s Liberation Army through TIONS. lation of the Government of the People’s Re- overseas military installations; and It is the sense of Congress that— public of China; (2) the expansion of the People’s Liberation (1) the United States and Canada have a (2) a detailed description of United States Army globally through overseas military in- unique relationship based on shared geog- diplomatic and related efforts to engage stallations will undermine the medium- and raphy, extensive personal connections, deep countries that are considering hosting a long-term security of the United States and economic ties, mutual defense commitments, military installation of the Government of the security and development of strategic and a shared vision to uphold democracy, the People’s Republic of China, and the re- partners in critical regions around the world, human rights, and the rules based inter- sults of such efforts; which is at odds with United States goals to national order established after World War (3) an assessment of the adverse impact on promote peace, prosperity, and self-reliance II; United States interests of the Government of among partner nations, including through (2) the United States and Canada can bet- the People’s Republic of China successfully the Millennium Challenge Corporation. ter address the People’s Republic of China’s establishing a military installation at any of (b) LIMITATION ON ASSISTANCE.—Except as economic, political, and security influence the locations it is currently considering; provided in subsection (c), for fiscal years through closer cooperation on counter- (4) a description and list of any commer- 2022 through 2031, the government of a coun- narcotics, environmental stewardship, trans- cial ports outside of the People’s Republic of try that is hosting on its territory a military parent practices in public procurement and China that the United States Government installation of the Government of the Peo- infrastructure planning, the Arctic, energy assesses could be used by the Government of ple’s Republic of China or facilitates the ex- and connectivity issues, trade and commer- the People’s Republic of China for military pansion of the presence of the People’s Lib- cial relations, bilateral legal matters, and purposes, and any diplomatic efforts to en- eration Army for purposes other than par- support for democracy, good governance, and gage the governments of the countries where ticipating in United Nations peacekeeping human rights; such ports are located; operations or for temporary humanitarian, (3) amidst the COVID–19 pandemic, the (5) the impact of the military installations medical, and disaster relief operations in United States and Canada should maintain of the Government of the People’s Republic such country shall not be eligible for assist- joint initiatives to address border manage- of China on United States interests; and ance under sections 609 or 616 of the Millen- ment, commercial and trade relations and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2678 CONGRESSIONAL RECORD — SENATE May 18, 2021 infrastructure, a shared approach with re- Canadian counterparts to enhance the co- (2) reduce trade and non-tariff barriers be- spect to the People’s Republic of China, and operation between the United States and tween the countries of the Americas; transnational challenges, including Canada with respect to— (3) facilitate a more open, transparent, and pandemics, energy security, and environ- (A) managing economic relations with the competitive environment for United States mental stewardship; People’s Republic of China; businesses in the region; (4) the United States and Canada should (B) democracy and human rights in the (4) establish frameworks or mechanisms to enhance cooperation to counter Chinese People’s Republic of China; review long term financial sustainability disinformation, influence operations, eco- (C) technology issues involving the Peo- and security implications of foreign invest- nomic espionage, and propaganda efforts; ple’s Republic of China; ments in strategic sectors or services, in- (5) the People’s Republic of China’s infra- (D) defense issues involving the People’s cluding transportation, communications, structure investments, particularly in 5G Republic of China; and natural resources, and energy; telecommunications technology, extraction (E) international law enforcement and (5) establish competitive and transparent of natural resources, and port infrastructure, transnational organized crime issues. infrastructure project selection and procure- pose national security risks for the United (3) detail diplomatic efforts and future ment processes that promote transparency, States and Canada; plans to work with Canada to counter the open competition, financial sustainability, (6) the United States should share, as ap- PRC’s projection of an authoritarian gov- adherence to robust global standards, and propriate, intelligence gathered regarding— erning model around the world; the employment of the local workforce; (A) Huawei’s 5G capabilities; and (4) detail diplomatic, defense, and intel- (6) strengthen legal structures critical to (B) the PRC government’s intentions with ligence cooperation to date and future plans robust democratic governance, fair competi- respect to 5G expansion; to support Canadian efforts to identify cost- tion, combatting corruption, and ending im- (7) the United States and Canada should effective alternatives to Huawei’s 5G tech- punity; continue to advance collaborative initiatives nology; (7) identify and mitigate obstacles to pri- to implement the January 9, 2020, United (5) detail diplomatic and defense collabora- vate sector-led economic growth in Latin States-Canada Joint Action Plan on Critical tion— America and the Caribbean; and Minerals Development Collaboration; and (A) to advance joint United States-Cana- (8) maintain transparent and affordable ac- (8) the United States and Canada must dian priorities for responsible stewardship in cess to the internet and digital infrastruc- prioritize cooperation on continental defense the Arctic Region; and ture in the Western Hemisphere. and in the Arctic, including by modernizing (B) to counter the PRC’s efforts to project (c) BRIEFING REQUIREMENT.—Not later than the North American Aerospace Defense Com- political, economic, and military influence 1 year after the date of the enactment of this mand (NORAD) to effectively defend the into the Arctic Region; and Act, and annually thereafter for 5 years, the Northern Hemisphere against the range of (6) detail diplomatic efforts to work with Secretary of State, after consultation with threats by peer competitors, including long- Canada to track and counter the PRC’s at- the Secretary of the Treasury, the Secretary range missiles and high-precision weapons. tempts to exert influence across the multi- of Commerce, the Attorney General, the SEC. 3246. SENSE OF CONGRESS REGARDING THE lateral system, including at the World United States Trade Representative, and the GOVERNMENT OF THE PEOPLE’S RE- Health Organization. leadership of the United States International PUBLIC OF CHINA’S ARBITRARY IM- (c) FORM.—The strategy required under Development Finance Corporation, shall PRISONMENT OF CANADIAN CITI- this section shall be submitted in an unclas- ZENS. brief the congressional committees listed in sified form that can be made available to the It is the sense of Congress that— subsection (a) regarding the implementation public, but may include a classified annex, if (1) the Government of the People’s Repub- of this part, including examples of successes necessary. lic of China’s apparent arbitrary detention and challenges. (d) CONSULTATION.—Not later than 90 days SEC. 3249. ENGAGEMENT IN INTERNATIONAL OR- and abusive treatment of Canadian nationals after the date of the enactment of this Act, Michael Spavor and Michael Kovrig in appar- GANIZATIONS AND THE DEFENSE and not less frequently than every 180 days SECTOR IN LATIN AMERICA AND ent retaliation for the Government of Can- thereafter for 5 years, the Secretary of State THE CARIBBEAN. ada’s arrest of Meng Wanzhou is deeply con- shall consult with the appropriate congres- (a) APPROPRIATE COMMITTEES OF CONGRESS cerning; sional committees regarding the develop- DEFINED.—In this section, the term ‘‘appro- (2) the Government of Canada has shown ment and implementation of the strategy re- priate committees of Congress’’ means— international leadership by— quired under this section. (1) the Committee on Foreign Relations of (A) upholding the rule of law and com- SEC. 3248. STRATEGY TO STRENGTHEN ECO- the Senate; plying with its international legal obliga- NOMIC COMPETITIVENESS, GOVERN- (2) the Select Committee on Intelligence of tions, including those pursuant to the Extra- ANCE, HUMAN RIGHTS, AND THE the Senate; dition Treaty Between the United States of RULE OF LAW IN LATIN AMERICA (3) the Committee on Appropriations of the AND THE CARIBBEAN. America and Canada, signed at Washington Senate; (a) IN GENERAL.—Not later than 180 days December 3, 1971; and (4) the Committee on Foreign Affairs of the (B) launching the Declaration Against Ar- after the date of the enactment of this Act, House of Representatives; bitrary Detention in State-to-State Rela- the Secretary of State, in consultation with (5) the Permanent Select Committee on In- tions, which has been endorsed by 57 coun- the Secretary of the Treasury, the Secretary telligence of the House of Representatives; tries and the European Union, and reaffirms of Commerce, the Attorney General, the and well-established prohibitions under inter- United States Trade Representative, and the (6) the Committee on Appropriations of the national human rights conventions against Chief Executive Officer of the United States House of Representatives. the arbitrary detention of foreign nationals International Development Finance Corpora- (b) REPORTING REQUIREMENT.— to be used as leverage in state-to-state relation, shall submit a multi-year strategy for (1) IN GENERAL.—Not later than 90 days tions; and increasing United States economic competi- after the date of the enactment of this Act, (3) the United States continues to join the tiveness and promoting good governance, the Secretary of State, working through the Government of Canada in calling for the im- human rights, and the rule of law in Latin Assistant Secretary of State for Intelligence mediate release of Michael Spavor and Mi- American and Caribbean countries, particu- and Research, and in coordination with the chael Kovrig and for due process for Cana- larly in the areas of investment, equitable Director of National Intelligence and the Di- dian national Robert Schellenberg. and sustainable development, commercial relations, anti-corruption activities, and infra- rector of the Central Intelligence Agency, SEC. 3247. STRATEGY TO ENHANCE COOPERA- shall submit a report to the appropriate con- TION WITH CANADA. structure projects, to— gressional committees that assesses the na- (a) IN GENERAL.—Not later than 90 days (1) the Committee on Foreign Relations of after the date of the enactment of this Act, the Senate; ture, intent, and impact to United States the President shall submit a strategy to the (2) the Committee on Finance of the Sen- strategic interests of Chinese diplomatic ac- appropriate congressional committees that ate; tivity aimed at influencing the decisions, describes how the United States will enhance (3) the Committee on Appropriations of the procedures, and programs of multilateral or- cooperation with the Government of Canada Senate; ganizations in Latin America and the Carib- in managing relations with the PRC govern- (4) the Committee on Foreign Affairs of the bean, including the World Bank, Inter- ment. House of Representatives; national Monetary Fund, Organization of (b) ELEMENTS.—The strategy required (5) the Committee on Ways and Means of American States, and Inter-American Devel- under subsection (a) shall— the House of Representatives; and opment Bank. (1) identify key policy points of conver- (6) the Committee on Appropriations of the (2) DEFENSE SECTOR.—The report required gence and divergence between the United House of Representatives. under paragraph (1) shall include an assess- States and Canada in managing relations (b) ADDITIONAL ELEMENTS.—The strategy ment of the nature, intent, and impact on with the People’s Republic of China in the required under subsection (a) shall include a United States strategic interests of Chinese areas of technology, trade, economic prac- plan of action, including benchmarks to military activity in Latin America and the tices, cyber security, secure supply chains achieve measurable progress, to— Caribbean, including military education and and critical minerals, and illicit narcotics; (1) enhance the technical capacity of coun- training programs, weapons sales, and space- (2) include a description of United States tries in the region to advance the sustain- related activities in the military or civilian development and coordination efforts with able development of equitable economies; spheres, such as—

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2679 (A) the satellite and space control station ‘‘(A) $600,371,430 shall be for paid in shares pliance with international norms, standards, the People’s Republic of China constructed of the Bank; and and rules of engagement, including a respect in Argentina; and ‘‘(B) $23,414,485,761 shall be for callable for human rights. (B) defense and security cooperation car- shares of the Bank.’’. (d) LIMITATION.—Security assistance under ried out by the People’s Republic of China in (d) ADDRESSING CHINA’S SOVEREIGN LEND- this section is subject to limitations as en- Latin America and the Caribbean, including ING IN THE AMERICAS.—The Secretary of the shrined in the requirements of section 620M sales of surveillance and monitoring tech- Treasury and the United States Executive of the Foreign Assistance Act of 1961 (22 nology to governments in the region such as Director to the Inter-American Development U.S.C. 2378d). Venezuela, Cuba, Ecuador, and Colombia, Bank shall use the voice, vote, and influence SEC. 3252. ENGAGEMENT WITH CIVIL SOCIETY IN and the potential use of such technologies as of the United States— LATIN AMERICA AND THE CARIB- tools of Chinese intelligence services. (1) to advance efforts by the Bank to help BEAN REGARDING ACCOUNT- (3) FORM.—The report required under para- countries restructure debt resulting from ABILITY, HUMAN RIGHTS, AND THE graph (1) shall be submitted in unclassified sovereign lending by the Government of the RISKS OF PERVASIVE SURVEIL- LANCE TECHNOLOGIES. form and shall include classified annexes. People’s Republic of China in order to (a) SENSE OF CONGRESS.—It is the sense of SEC. 3250. ADDRESSING CHINA’S SOVEREIGN achieve sustainable and serviceable debt structures; and Congress that— LENDING PRACTICES IN LATIN (1) the Government of the People’s Repub- AMERICA AND THE CARIBBEAN. (2) to establish appropriate safeguards and transparency and conditionality measures to lic of China is exporting its model for inter- (a) SENSE OF CONGRESS.—It is the sense of nal security and state control of society Congress that— protect debt-vulnerable member countries of the Inter-American Development Bank that through advanced technology and artificial (1) since 2005, the Government of the Peo- intelligence; and ple’s Republic of China has expanded sov- borrow from the Bank for the purposes of restructuring Chinese bilateral debt held by (2) the inclusion of communication net- ereign lending to governments in Latin works and communications supply chains America and the Caribbean with loans that such countries and preventing such countries with equipment and services from companies are repaid or collateralized with natural re- from incurring subsequent Chinese bilateral with close ties to or that are susceptible to sources or commodities; debt. pressure from governments or security serv- (2) several countries in Latin American (e) BRIEFINGS.— ices without reliable legal checks on govern- and the Caribbean that have received a sig- (1) IMPLEMENTATION.—Not later than 90 mental powers can lead to breaches of citi- nificant amount of sovereign lending from days after the date of the enactment of this zens’ private information, increased censor- the Government of the People’s Republic of Act, and every 90 days thereafter for 6 years, ship, violations of human rights, and harass- China face challenges in repaying such loans; the President shall provide to the Committee ment of political opponents. (3) the Government of the People’s Repub- on Foreign Relations of the Senate, the Com- mittee on Finance of the Senate, the Com- (b) DIPLOMATIC ENGAGEMENT.—The Sec- lic of China’s predatory economic practices retary of State shall conduct diplomatic en- and sovereign lending practices in Latin mittee on Foreign Affairs of the House of Representatives, and the Committee on Fi- gagement with governments and civil soci- America and the Caribbean negatively influ- ety organizations in Latin America and the ence United States national interests in the nancial Services of the House of Representa- tives a briefing detailing efforts to carry out Caribbean to— Western Hemisphere; (1) help identify and mitigate the risks to (4) the Inter-American Development Bank, subsection (b) and (d) and the amendment made by subsection (c). civil liberties posed by technologies and the premier multilateral development bank services described in subsection (a); and dedicated to the Western Hemisphere, should (2) PROGRESS IN ACHIEVING SUSTAINABLE AND SERVICEABLE DEBT STRUCTURES.—Not (2) offer recommendations on ways to miti- play a significant role supporting the coun- gate such risks. tries of Latin America and the Caribbean in later than 180 days after the successful completion of a tenth general capital increase (c) INTERNET FREEDOM PROGRAMS.—The achieving sustainable and serviceable debt Chief Executive Officer of the United States structures; and for the Inter-American Development Bank, and every 180 days thereafter for a period of Agency for Global Media, working through (5) a tenth general capital increase for the the Open Technology Fund, and the Sec- Inter-American Development Bank would 3 years, the President shall provide to the Committee on Foreign Relations of the Sen- retary of State, working through the Bureau strengthen the Bank’s ability to help the of Democracy, Human Rights, and Labor’s countries of Latin America and the Carib- ate, the Committee on Finance of the Sen- ate, the Committee on Foreign Affairs of the Internet Freedom and Business and Human bean achieve sustainable and serviceable Rights Section, shall expand and prioritize debt structures. House of Representatives, and the Com- mittee on Financial Services of the House of efforts to provide anti-censorship technology (b) SUPPORT FOR A GENERAL CAPITAL IN- and services to journalists in Latin America CREASE.—The President shall take steps to Representatives a briefing on efforts by the Bank to support countries in Latin Amer- and the Caribbean, in order to enhance their support a tenth general capital increase for ability to safely access or share digital news the Inter-American Development Bank, in- ican and the Caribbean in their efforts to achieve sustainable and serviceable debt and information. cluding advancing diplomatic engagement to (d) SUPPORT FOR CIVIL SOCIETY.—The Sec- structures. build support among member countries of retary of State, through the Assistant Sec- SEC. 3251. DEFENSE COOPERATION IN LATIN the Bank for a tenth general capital increase retary of State for Democracy, Human for the Bank. AMERICA AND THE CARIBBEAN. (a) IN GENERAL.—There is authorized to be Rights, and Labor, and in coordination with (c) TENTH CAPITAL INCREASE.—The Inter- the Administrator of the United States American Development Bank Act (22 U.S.C. appropriated to the Department of State $12,000,000 for the International Military Agency for International Development, shall 283 et seq.) is amended by adding at the end work through nongovernmental organiza- the following: Education and Training Program for Latin America and the Caribbean for each of fiscal tions to— ‘‘SEC. 42. TENTH CAPITAL INCREASE. years 2022 through 2026. (1) support and promote programs that ‘‘(a) VOTE AUTHORIZED.—The United States (b) MODERNIZATION.—The Secretary of support internet freedom and the free flow of Governor of the Bank is authorized to vote State shall take steps to modernize and information online in Latin America and the in favor of a resolution to increase the cap- strengthen the programs receiving funding Caribbean; ital stock of the Bank by $80,000,000,000 over under subsection (a) to ensure that such pro- (2) protect open, interoperable, secure, and a period not to exceed 5 years. grams are vigorous, substantive, and the pre- reliable access to internet in Latin America ‘‘(b) SUBSCRIPTION AUTHORIZED.— eminent choice for international military and the Caribbean; ‘‘(1) IN GENERAL.—The United States Gov- education and training for Latin American (3) provide integrated support to civil soci- ernor of the Bank may subscribe on behalf of and Caribbean partners. ety for technology, digital safety, policy and the United States to 1,990,714 additional (c) REQUIRED ELEMENTS.—The programs re- advocacy, and applied research programs in shares of the capital stock of the Bank. ferred to in subsection (a) shall— Latin America and the Caribbean; ‘‘(2) LIMITATION.—Any subscription by the (1) provide training and capacity-building (4) train journalists and civil society lead- United States to the capital stock of the opportunities to Latin American and Carib- ers in Latin America and the Caribbean on Bank shall be effective only to such extent bean security services; investigative techniques necessary to ensure and in such amounts as are provided in ad- (2) provide practical skills and frameworks public accountability and prevent govern- vance in appropriations Acts. for— ment overreach in the digital sphere; ‘‘(c) LIMITATIONS ON AUTHORIZATION OF AP- (A) improving the functioning and organi- (5) assist independent media outlets and PROPRIATIONS.— zation of security services in Latin America journalists in Latin America and the Carib- ‘‘(1) IN GENERAL.—In order to pay for the and the Caribbean; bean to build their own capacity and develop increase in the United States subscription to (B) creating a better understanding of the high-impact, in-depth news reports covering the Bank under subsection (b), there is au- United States and its values; and governance and human rights topics; thorized to be appropriated $24,014,857,191 for (C) using technology for maximum effi- (6) provide training for journalists and payment by the Secretary of the Treasury. ciency and organization; and civil society leaders on investigative tech- ‘‘(2) ALLOCATION OF FUNDS.—Of the amount (3) promote and ensure that security serv- niques necessary to improve transparency authorized to be appropriated under para- ices in Latin America and the Caribbean re- and accountability in government and the graph (1)— spect civilian authority and operate in com- private sector;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2680 CONGRESSIONAL RECORD — SENATE May 18, 2021 (7) provide training on investigative re- (10) the United States and European na- Representatives on a strategy for how the porting of incidents of corruption and unfair tions share serious concerns with the repres- United States will enhance cooperation with trade, business and commercial practices re- sions being supported and executed by the the European Union, NATO, and European lated to the People’s Republic of China, in- Government of the People’s Republic of partner countries with respect to the Peo- cluding the role of the Government of the China, and should continue implementing ple’s Republic of China. People’s Republic of China in such practices; measures to address the Government of the (b) ELEMENTS.—The briefing required by (8) assist nongovernmental organizations People’s Republic of China’s specific abuses subsection (a) shall do the following: to strengthen their capacity to monitor the in Tibet, Hong Kong, and Xinjiang, and (1) Identify the senior Senate-confirmed activities described in paragraph (7); and should build joint mechanisms and programs Department of State official that leads (9) identify local resources to support the to prevent the export of China’s authori- United States efforts to cooperate with the preponderance of activities that would be tarian governance model to countries around European Union, NATO, and European part- carried out under this subsection. the world; ner countries to advance a shared approach (e) BRIEFING REQUIREMENT.—Not more than (11) the United States and European na- with respect to the People’s Republic of 180 days after the date of the enactment of tions should remain united in their shared China. this Act, and every 180 days thereafter for 5 values against attempts by the Government (2) Identify key policy points of conver- years, the Secretary of State, the Adminis- of the People’s Republic of China at the gence and divergence between the United trator of the United States Agency for Inter- United Nations and other multilateral orga- States and European partners with respect national Development, and the Chief Execu- nizations to promote efforts that erode the to the People’s Republic of China in the tive Officer of the United States Agency for Universal Declaration of Human Rights, like areas of technology, trade, and economic Global Media shall provide a briefing regard- the ‘‘community of a shared future for man- practices. ing the efforts described in subsections (c), kind’’ and ‘‘democratization of international (3) Describe efforts to advance shared in- (d), and (e) to— relations’’; terests with European counterparts on— (1) the Committee on Foreign Relations of (12) the People’s Republic of China’s infra- (A) economic challenges with respect to the Senate; structure investments around the world, par- the People’s Republic of China; (2) the Committee on Appropriations of the ticularly in 5G telecommunications tech- (B) democracy and human rights chal- Senate; nology and port infrastructure, could threat- lenges with respect to the People’s Republic (3) the Committee on Foreign Affairs of the en democracy across Europe and the na- of China; House of Representatives; and tional security of key countries; (C) technology issues with respect to the (4) the Committee on Appropriations of the (13) as appropriate, the United States People’s Republic of China; House of Representatives. should share intelligence with European al- (D) defense issues with respect to the Peo- PART II—TRANSATLANTIC ALLIANCE lies and partners on Huawei’s 5G capabilities ple’s Republic of China; and SEC. 3255. SENSE OF CONGRESS ON THE TRANS- and the intentions of the Government of the (E) developing a comprehensive strategy to ATLANTIC ALLIANCE. People’s Republic of China with respect to respond to the Belt and Road Initiative (BRI) It is the sense of Congress that— 5G expansion in Europe; established by the Government of the Peo- (1) the United States, European Union, and (14) the European Union’s Investment ple’s Republic of China. European countries are close partners, shar- Screening Regulation, which came into force (4) Describe the coordination mechanisms ing values grounded in democracy, human in October 2020, is a welcome development, among key regional and functional bureaus rights, transparency, and the rules-based and member states should closely scrutinize within the Department of State and Depart- international order established after World PRC investments in their countries through ment of Defense tasked with engaging with War II; their own national investment screening European partners on the People’s Republic (2) without a common approach by the measures; of China. United States, European Union, and Euro- (15) the President should actively engage (5) Detail diplomatic efforts up to the date pean countries on connectivity, trade, the European Union on the implementation of the briefing and future plans to work with transnational problems, and support for de- of the Export Control Reform Act regula- European partners to counter the Govern- mocracy and human rights, the People’s Re- tions and to better harmonize United States ment of the People’s Republic of China’s ad- public of China will continue to increase its and European Union policies with respect to vancement of an authoritarian governance economic, political, and security leverage in export controls; model around the world. Europe; (16) the President should strongly advocate (6) Detail the diplomatic efforts made up (3) the People’s Republic of China’s deploy- for the listing of more items and tech- to the date of the briefing and future plans ment of assistance to European countries nologies to restrict dual use exports con- to support European efforts to identify cost- following the COVID–19 outbreak showcased trolled at the National Security and above effective alternatives to Huawei’s 5G tech- a coercive approach to aid, but it also high- level to the People’s Republic of China under nology. lighted Europe’s deep economic ties to the the Wassenaar Arrangement; (7) Detail how United States public diplo- People’s Republic of China; (17) the United States should explore the macy tools, including the Global Engage- (4) as European states seek to recover from value of establishing a body akin to the Co- ment Center of the Department of State, will the economic toll of the COVID–19 outbreak, ordinating Committee for Multilateral Ex- coordinate efforts with counterpart entities the United States must stand in partnership port Controls (CoCom) that would specifi- within the European Union to counter Chi- with Europe to support our collective eco- cally coordinate United States and European nese propaganda. nomic recovery, reinforce our collective na- Union export control policies with respect to (8) Describe the staffing and budget re- tional security, and defend shared values; limiting exports of sensitive technologies to sources the Department of State dedicates to (5) the United States, European Union, and the People’s Republic of China; and engagement between the United States and European countries should coordinate on (18) the United States should work with the European Union on the People’s Republic joint strategies to diversify reliance on sup- counterparts in Europe to— ply chains away from the People’s Republic of China and provide an assessment of out- (A) evaluate United States and European of China, especially in the medical and phar- year resource needs to execute the strategy. overreliance on goods originating in the Peo- maceutical sectors; (9) Detail diplomatic efforts to work with ple’s Republic of China, including in the (6) the United States, European Union, and European partners to track and counter Chi- medical and pharmaceutical sectors, and de- European countries should leverage their re- nese attempts to exert influence across mul- velop joint strategies to diversify supply spective economic innovation capabilities to tilateral fora, including at the World Health chains; support the global economic recovery from Organization. (B) counter PRC efforts to use COVID–19- (c) FORM.—The briefing required by section the COVID–19 recession and draw a contrast related assistance as a coercive tool to pres- (a) shall be classified. with the centralized economy of the People’s sure developing countries by offering rel- (d) CONSULTATION.—Not later than 90 days Republic of China; evant United States and European expertise after the date of the enactment of this Act, (7) the United States, United Kingdom, and and assistance; and and every 180 days thereafter for 5 years, the European Union should accelerate efforts to (C) leverage the United States and Euro- Secretary of State shall consult with the ap- de-escalate their trade disputes, including pean private sectors to advance the post- propriate congressional committees regard- negotiating a United States-European Union COVID–19 economic recovery. ing the development and implementation of trade agreement that benefits workers and the elements described in subsection (b). the broader economy in both the United SEC. 3256. STRATEGY TO ENHANCE TRANS- ATLANTIC COOPERATION WITH RE- SEC. 3257. ENHANCING TRANSATLANTIC CO- States and European Union; SPECT TO THE PEOPLE’S REPUBLIC OPERATION ON PROMOTING PRI- (8) the United States, European Union, and OF CHINA. VATE SECTOR FINANCE. Japan should continue trilateral efforts to (a) IN GENERAL.—Not later than 90 days (a) IN GENERAL.—The President should address economic challenges posed by the after the date of the enactment of this Act, work with transatlantic partners to build on People’s Republic of China; the President shall brief the Committee on the agreement among the Development Fi- (9) the United States, European Union, and Foreign Relations and the Committee on nance Corporation, FinDev Canada, and the countries of Europe should enhance coopera- Armed Services of the Senate and the Com- European Development Finance Institutions tion to counter PRC disinformation, influ- mittee on Foreign Affairs and the Com- (called the DFI Alliance) to enhance coordi- ence operations, and propaganda efforts; mittee on Armed Services of the House of nation on shared objectives to foster private

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2681 sector-led development and provide market- in January 14, 2016, and United States with- (ii) promote low carbon emissions, which based alternatives to state-directed financ- drawal from the JCPOA on May 8, 2018, had may include nuclear energy projects; and ing in emerging markets, particularly as re- on the cooperation described in subpara- (iii) will have substantially lower environ- lated to the People’s Republic of China’s Belt graph (A)(i). mental impact than the proposed Belt and and Road Initiative (BRI), including by inte- (D) An assessment of the effect on the co- Road Initiative alternative; and grating efforts such as— operation described in subparagraph (A)(i) (B) the Committee on Foreign Relations of (1) the European Union Strategy on Con- that would be had by the United States reen- the Senate and the Committee on Foreign necting Europe and Asia; tering compliance with the JCPOA or a suc- Affairs of the House of Representatives are (2) the Three Seas Initiative and Three cessor agreement and the effect of the notified not later than 15 days in advance of Seas Initiative Fund; United States not reentering compliance entering into such co-financing arrange- (3) the Blue Dot Network among the with the JCPOA or reaching a successor ments. United States, Japan, and Australia; and agreement. PART III—SOUTH AND CENTRAL ASIA (4) a European Union-Japan initiative that (3) FORM.—The report submitted under SEC. 3261. SENSE OF CONGRESS ON SOUTH AND has leveraged $65,000,000,000 for infrastruc- paragraph (1) shall be submitted in unclassi- CENTRAL ASIA. ture projects and emphasizes transparency fied form, but may include a classified It is the sense of Congress that— standards. annex. (1) the United States should continue to (b) COOPERATION AT THE UNITED NATIONS.— (c) SENSE OF CONGRESS ON SHARING WITH stand with friends and partners in South and The United States, European Union, and Eu- ALLIES AND PARTNERS.—It is the sense of Central Asia as they contend with efforts by ropean countries should coordinate efforts to Congress that the Director of National Intel- the Government of the People’s Republic of address the Government of the People’s Re- ligence and the heads of other appropriate China to interfere in their respective polit- public of China’s use of the United Nations Federal departments and agencies should ical systems and encroach upon their sov- to advance and legitimize BRI as a global share the findings of the report submitted ereign territory; and good, including the proliferation of memo- under subsection (b) with important allies (2) the United States should reaffirm its randa of understanding between the People’s and partners of the United States, as appro- Republic of China and United Nations funds priate. commitment to the Comprehensive Global Strategic Partnership with India and further and programs on BRI implementation. SEC. 3259. PROMOTING RESPONSIBLE DEVELOP- (c) STANDARDS.—The United States and the MENT ALTERNATIVES TO THE BELT deepen bilateral defense consultations and European Union should coordinate and de- AND ROAD INITIATIVE. collaboration with India commensurate with velop a strategy to enhance transatlantic co- (a) IN GENERAL.—The President should its status as a major defense partner. operation with the OECD and the Paris Club seek opportunities to partner with multilat- SEC. 3262. STRATEGY TO ENHANCE COOPERA- on ensuring the highest possible standards eral development finance institutions to de- TION WITH SOUTH AND CENTRAL for Belt and Road Initiative contracts and velop financing tools based on shared devel- ASIA. terms with developing countries. opment finance criteria and mechanisms to (a) IN GENERAL.—Not later than 90 days SEC. 3258. REPORT AND BRIEFING ON COOPERA- support investments in developing countries after the date of the enactment of this Act, TION BETWEEN CHINA AND IRAN that— the President shall submit to the Committee AND BETWEEN CHINA AND RUSSIA. (1) support low carbon economic develop- on Foreign Relations and the Committee on (a) APPROPRIATE COMMITTEES OF CONGRESS ment; and Armed Services of the Senate and the Com- DEFINED.—In this section, the term ‘‘appro- (2) promote resiliency and adaptation to mittee on Foreign Affairs and the Com- priate committees of Congress’’ means— environmental changes. mittee on Armed Services of the House of (1) the Committee on Foreign Relations, (b) PARTNERSHIP AGREEMENT.—The Chief Representatives a strategy for how the the Select Committee on Intelligence, the Executive Officer of the United States Inter- United States will engage with the countries Committee on Armed Services, the Com- national Development Finance Corporation of South and Central Asia, including through mittee on Commerce, Science, and Transpor- should seek to partner with other multilat- the C5+1 mechanism, with respect to the tation, the Committee on Energy and Nat- eral development finance institutions and People’s Republic of China. ural Resources, the Committee on Banking, development finance institutions to leverage (b) ELEMENTS.—The strategy required Housing, and Urban Affairs, the Committee the respective available funds to support low under subsection (a) shall include the fol- on Finance, and the Committee on Appro- carbon economic development, which may lowing elements: priations of the Senate; and include nuclear energy projects, environ- (1) A detailed description of the security (2) the Committee on Foreign Affairs, the mental adaptation, and resilience activities and economic challenges that the People’s Permanent Select Committee on Intel- in developing countries. Republic of China poses to the countries of ligence, the Committee on Armed Services, (c) ALTERNATIVES TO THE PEOPLE’S REPUB- South and Central Asia, including border dis- the Committee on Energy and Commerce, LIC OF CHINA’S BELT AND ROAD INITIATIVE.— putes with South and Central Asian coun- the Committee on Financial Services, the The President shall work with European tries that border the People’s Republic of Committee on Ways and Means, and the counterparts to establish a formal United China, PRC investments in land and sea Committee on Appropriations of the House States-European Commission Working ports, transportation infrastructure, and en- of Representatives. Group to develop a comprehensive strategy ergy projects across the region. (b) REPORT AND BRIEFING REQUIRED.— to develop alternatives to the Government of (2) A detailed description of United States (1) IN GENERAL.—Not later than 180 days the People’s Republic of China’s Belt and efforts to provide alternatives to PRC invest- after the date of the enactment of this Act, Road Initiative for development finance. ment in infrastructure and other sectors in the Director of National Intelligence shall, United States participants in the working South and Central Asia. in coordination with the Secretary of State, group shall seek to integrate existing efforts (3) A detailed description of bilateral and the Secretary of Defense, the Secretary of into the strategy, including efforts to ad- regional efforts to work with countries in Commerce, the Secretary of Energy, the Sec- dress the Government of the People’s Repub- South Asia on strategies to build resilience retary of the Treasury, and such other heads lic of China’s use of the United Nations to against PRC efforts to interfere in their poof Federal agencies as the Director considers advance the Belt and Road Initiative, includ- litical systems and economies. appropriate, submit to the appropriate coming the proliferation of memoranda of under- (4) A detailed description of United States mittees of Congress a report and brief the ap- standing between the People’s Republic of diplomatic efforts to work with the Govern- propriate committees of Congress on co- China and United Nations funds and pro- ment of Afghanistan on addressing the chal- operation between the People’s Republic of grams regarding the implementation of the lenges posed by PRC investment in the Af- China and the Islamic Republic of Iran and Belt and Road Initiative. ghan mineral sector. between the People’s Republic of China and (d) CO-FINANCING OF INFRASTRUCTURE (5) A detailed description of United States the Russian Federation. PROJECTS.— diplomatic efforts with the Government of (2) CONTENTS.—The report submitted under (1) AUTHORIZATION.—Subject to paragraph Pakistan with respect to matters relevant to paragraph (1) shall include the following ele- (2), the Secretary of State, the Adminis- the People’s Republic of China, including in- ments: trator of the United States Development vestments by the People’s Republic of China (A) An identification of major areas of dip- Agency, and other relevant agency heads are in Pakistan through the Belt and Road Ini- lomatic, energy, infrastructure, banking, fi- authorized to co-finance infrastructure tiative. nancial, economic, military, and space co- projects that advance the development ob- (6) In close consultation with the Govern- operation— jectives of the United States overseas and ment of India, identification of areas where (i) between the People’s Republic of China provide viable alternatives to projects that the United States Government can provide and the Islamic Republic of Iran; and would otherwise be included within the Peo- diplomatic and other support as appropriate (ii) between the People’s Republic of China ple’s Republic of China’s Belt and Road Ini- for India’s efforts to address economic and and the Russian Federation. tiative. security challenges posed by the People’s Re- (B) An assessment of the effect of the (2) CONDITIONS.—Co-financing arrange- public of China in the region. COVID–19 pandemic on such cooperation. ments authorized pursuant to paragraph (1) (7) A description of the coordination mech- (C) An assessment of the effect that United may not be approved unless— anisms among key regional and functional States compliance with the Joint Com- (A) the projects to be financed— bureaus within the Department of State and prehensive Plan of Action (JCPOA) starting (i) promote the public good; Department of Defense tasked with engaging

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2682 CONGRESSIONAL RECORD — SENATE May 18, 2021 with the countries of South and Central Asia and African countries supporting PRC geo- (1) conduct a review of the number of For- on issues relating to the People’s Republic of political goals in international fora; eign Commercial Service Officers and De- China. (8) the methods, tools, and tactics used to partment of State Economic Officers at (8) A description of the efforts being made facilitate illegal and corrupt activity, in- United States embassies in sub-Saharan Af- by Federal departments agencies, including cluding trade in counterfeit and illicit goods, rica; and the Department of State, the United States to include smuggled extractive resources and (2) develop and submit to the appropriate Agency for International Development, the wildlife products, from Africa to the People’s congressional committees an assessment of Department of Commerce, the Department Republic of China; whether human resource capacity in such of Energy, and the Office of the United (9) the methods and techniques that the embassies is adequate to meet the goals of States Trade Representative, to help the na- People’s Republic of China uses to exert the various trade and economic programs tions of South and Central Asia develop undue influence on African governments and and initiatives in Africa, including the Afri- trade and commerce links that will help facilitate corrupt activity in Africa, includ- can Growth and Opportunity Act and Pros- those nations diversify their trade away ing through the CCP’s party-to-party train- per Africa. from the People’s Republic of China. ing program, and to influence African multi- SEC. 3273. DIGITAL SECURITY COOPERATION (9) A detailed description of United States lateral organizations; and WITH RESPECT TO AFRICA. diplomatic efforts with Central Asian coun- (10) an analysis of the soft power, cultural (a) APPROPRIATE COMMITTEES OF CONGRESS tries, Turkey, and any other countries with and educational activities undertaken by the DEFINED.—In this section, the term ‘‘appro- significant populations of Uyghurs and other PRC and CCP to seek to expand their influ- priate committees of Congress’’ means— ethnic minorities fleeing persecution in the ence in Africa. (1) the Committee on Foreign Relations, People’s Republic of China to press those SEC. 3272. INCREASING THE COMPETITIVENESS the Committee on Armed Services, and the countries to refrain from deporting ethnic OF THE UNITED STATES IN AFRICA. Select Committee on Intelligence of the Sen- minorities to the People’s Republic of China, (a) APPROPRIATE COMMITTEES OF CONGRESS ate; and protect ethnic minorities from intimidation DEFINED.—In this section, the term ‘‘appro- (2) the Committee on Foreign Affairs, the by Chinese government authorities, and propriate committees of Congress’’ means— Committee on Armed Services, and the Per- tect the right to the freedoms of assembly (1) the Committee on Foreign Relations, manent Select Committee on Intelligence of and expression. the Committee on Appropriations, and the the House of Representatives. (c) FORM.—The strategy required under Committee on Finance of the Senate; and (b) INTERAGENCY WORKING GROUP TO section (a) shall be submitted in an unclassi- (2) the Committee on Foreign Affairs, the COUNTER PRC CYBER AGGRESSION IN AFRI- fied form that can be made available to the Committee on Appropriations, and the Com- CA.— public, but may include a classified annex as mittee on Ways and Means of the House of (1) IN GENERAL.—The President shall estab- necessary. Representatives. lish an interagency Working Group, which (d) CONSULTATION.—Not later than 120 days (b) STRATEGY REQUIREMENT.—Not later shall include representatives of the Depart- after the date of the enactment of this Act, than 180 days after the date of the enactment ment of State, the Department of Defense, and not less than annually thereafter for 5 of this Act, the Secretary of State shall, in the Office of the Director of National Intel- years, the Secretary of State shall consult consultation with the Secretary of the ligence, and such other agencies of the with the Committee on Foreign Relations Treasury, the Secretary of Commerce, the United States Government as the President and the Committee on Appropriations of the Attorney General, the United States Trade considers appropriate, on means to counter Senate and the Committee of Foreign Affairs Representative, the Administrator of the PRC cyber aggression with respect to Africa. and the Committee on Appropriations of the United States Agency for International De- (2) DUTIES.—The Working Group estab- House of Representatives regarding the development, and the leadership of the United lished pursuant to this subsection shall development and implementation of the strat- States International Development Finance velop and submit to the appropriate congres- egy required under subsection (a). Corporation, submit to the appropriate com- sional committees a set of recommendations PART IV—AFRICA mittees of Congress a report setting forth a for— SEC. 3271. ASSESSMENT OF POLITICAL, ECO- multi-year strategy for increasing United (A) bolstering the capacity of governments NOMIC, AND SECURITY ACTIVITY OF States economic competitiveness and pro- in Africa to ensure the integrity of their THE PEOPLE’S REPUBLIC OF CHINA moting improvements in the investment cli- data networks and critical infrastructure IN AFRICA. mate in Africa, including through support where applicable; (a) APPROPRIATE COMMITTEES OF CONGRESS for democratic institutions, the rule of law, (B) providing alternatives to Huawei; DEFINED.—In this section, the term ‘‘appro- including property rights, and for improved (C) an action plan for United States embas- priate committees of Congress’’ means— transparency, anti-corruption and govern- sies in Africa to offer to provide assistance (1) the Committee on Foreign Relations, ance. to host-country governments with respect to the Committee on Armed Services, and the (c) ELEMENTS.—The strategy submitted protecting their vital digital networks and Select Committee on Intelligence of the Sen- pursuant to subsection (a) shall include— infrastructure from PRC espionage, includ- ate; and (1) a description and assessment of barriers ing an assessment of staffing resources need- (2) the Committee on Foreign Affairs, the to United States investment in Africa for ed to implement the action plan in embas- Committee on Armed Services, and the Per- United States businesses, including a clear sies in Africa; manent Select Committee on Intelligence of identification of the different barriers facing (D) utilizing interagency resources to the House of Representatives. small-sized and medium-sized businesses, counter PRC disinformation and propaganda (b) INTELLIGENCE ASSESSMENT.—Not later and an assessment of whether existing pro- in traditional and digital media targeted to than 180 days after the date of the enactment grams effectively address such barriers; African audiences; and of this Act, the Secretary of State shall, in (2) a description and assessment of barriers (E) helping civil society in Africa counter coordination with the Director of National to African diaspora investment in Africa, digital authoritarianism and identifying Intelligence, submit to the appropriate com- and recommendations to overcome such bar- tools and assistance to enhance and promote mittees of Congress a report that assesses riers; digital democracy. the nature and impact of the People’s Repub- (3) an identification of the economic sec- lic of China’s political, economic, and secu- SEC. 3274. INCREASING PERSONNEL IN UNITED tors in the United States that have a com- STATES EMBASSIES IN SUB-SAHA- rity sector activity in Africa, and its impact parative advantage in African markets; RAN AFRICA FOCUSED ON THE PEO- on United States strategic interests, includ- (4) a determination of priority African PLE’S REPUBLIC OF CHINA. ing— countries for promoting two-way trade and The Secretary of State may station on a (1) the amount and impact of direct invest- investment and an assessment of additional permanent basis Department of State per- ment, loans, development financing, oil-for- foreign assistance needs, including democ- sonnel at such United States embassies in loans deals, and other preferential trading racy and governance and rule of law support, sub-Saharan Africa as the Secretary con- arrangements; to promote a conducive operating environ- siders appropriate focused on the activities, (2) the involvement of PRC state-owned en- ment in priority countries; policies and investments of the People’s Re- terprises in Africa; (5) an identification of opportunities for public of China in Africa. (3) the amount of African debt held by the strategic cooperation with European allies SEC. 3275. SUPPORT FOR YOUNG AFRICAN LEAD- People’s Republic of China; on trade and investment in Africa, and for ERS INITIATIVE. (4) the involvement of PRC private secu- establishing a dialogue on trade, security, (a) FINDING.—Congress finds that youth in rity, technology and media companies in Af- development, and environmental issues of Africa can have a positive impact on efforts rica; mutual interest; and to foster economic growth, improve public (5) the scale and impact of PRC arms sales (6) a plan to regularly host a United sector transparency and governance, and to African countries; States-Africa Leaders Summit to promote counter extremism, and should be an area of (6) the scope of Chinese investment in and two-way trade and investment, strategic en- focus for United States outreach on the con- control of African energy resources and min- gagement, and security in Africa tinent. erals critical for emerging and foundational (d) ASSESSMENT OF UNITED STATES GOVERN- (b) POLICY.—It is the policy of the United technologies; MENT HUMAN RESOURCES CAPACITY.—The States, in cooperation and collaboration (7) an analysis of the linkages between Bei- Comptroller General of the United States with private sector companies, civic organi- jing’s aid and assistance to African countries shall— zations, nongovernmental organizations, and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2683 national and regional public sector entities, nology, and joint weapons research and de- (K) efforts to expand youth engagement to commit resources to enhancing the entre- velopment initiatives; and professional education exchanges with preneurship and leadership skills of African (3) the People’s Republic of China seeks to key partner countries; youth with the objective of enhancing their establish military or dual use facilities in (L) specific steps to counter increased inability to serve as leaders in the public and geographically strategic locations in the vestment from the People’s Republic of private sectors in order to help them spur Middle East and North Africa to further the China in telecommunications infrastructure growth and prosperity, strengthen demo- Chinese Communist Party’s Belt and Road and diplomatic efforts to stress the political, cratic governance, and enhance peace and se- Initiative at the expense of United States na- economic, and social benefits of a free and curity in their respective countries of origin tional security interests; and open internet; and across Africa. (4) the export of certain communications (M) efforts to promote United States pri- (c) YOUNG AFRICAN LEADERS INITIATIVE.— infrastructure from the People’s Republic of vate sector engagement in and public-private (1) IN GENERAL.—There is hereby estab- China degrades the security of partner net- partnerships on renewable energy develop- lished the Young African Leaders Initiative, works, exposes intellectual property to theft, ment; to be carried out by the Secretary of State. threatens the ability of the United States to (N) the expansion of public-private part- (2) FELLOWSHIPS.—The Secretary is author- conduct security cooperation with com- nership efforts on water, desalination, and ized to support the participation in the Ini- promised regional partners, and furthers Chi- irrigation projects; and tiative established under this paragraph, in na’s authoritarian surveillance model. (O) efforts to warn United States partners the United States, of fellows from Africa (b) STRATEGY REQUIRED.— in the Middle East and North Africa of the each year for such education and training in (1) IN GENERAL.—Not later than 90 days risks associated with the People’s Republic leadership and professional development after the date of the enactment of this Act, of China’s telecommunications infrastruc- through the Department of State as the Sec- the Secretary of State, in consultation with ture and provide alternative ‘‘clean paths’’ retary of State considers appropriate. The the Administrator of the United States to the People’s Republic of China’s tech- Secretary shall establish and publish criteria Agency for International Development and nology. the heads of other appropriate Federal agen- for eligibility for participation as such a fel- SEC. 3282. SENSE OF CONGRESS ON MIDDLE EAST low, and for selection of fellows among eligi- cies, shall jointly develop and submit to the AND NORTH AFRICA ENGAGEMENT. ble applicants for a fellowship. appropriate congressional committees a (a) FINDINGS.—Congress makes the fol- (3) RECIPROCAL EXCHANGES.—Under the Ini- strategy for countering and limiting Chinese lowing findings: tiative, United States citizens may engage in influence in, and access to, the Middle East (1) The United States and the international such reciprocal exchanges in connection with and North Africa. community have long-term interests in the and collaboration on projects with fellows (2) ELEMENTS.—The strategy required stability, security, and prosperity of the peo- under paragraph (1) as the Secretary con- under paragraph (1) shall include— ple of the Middle East and North Africa. siders appropriate. (A) an assessment of the People’s Republic (2) In addition to and apart from military of China’s intent with regards to increased (4) REGIONAL CENTERS AND NETWORKS.—The and security efforts, the United States cooperation with Middle East and North Af- Administrator of the United States Agency should harness a whole of government ap- rican countries and how these activities fit for International Development shall estab- proach, including bilateral and multilateral into its broader global strategic objectives; lish each of the following: statecraft, economic lines of effort, and pub- (B) an assessment of how governments (A) Not fewer than four regional centers in lic diplomacy to compete with and counter across the region are responding to the Peo- Africa to provide in-person and online train- Chinese Communist Party influence. ple’s Republic of China’s efforts to increase ing throughout the year in business and en- (3) A clearly articulated positive narrative its military presence in their countries; trepreneurship, civic leadership, and public of United States engagement, transparent (C) efforts to improve regional cooperation management. governance structures, and active civil soci- through foreign military sales, financing, (B) An online network that provides infor- and efforts to build partner capacity and in- ety engagement help counter predatory formation and online courses on, and connec- crease interoperability with the United eign investment and influence efforts. (b) STATEMENT OF POLICY.—It is the policy tions with leaders in, the private and public States; of the United States that the United States sectors in Africa. (D) an assessment of the People’s Republic (d) SENSE OF CONGRESS.—It is the sense of and the international community should of China’s joint research and development Congress that the Secretary of State should continue diplomatic and economic efforts with the Middle East and North Africa, im- increase the number of fellows from Africa throughout the Middle East and North Afri- pacts on the United States’ national security ca that support reform efforts to— participating in the Mandela Washington interests, and recommended steps to miti- Fellowship above the current 700 projected gate the People’s Republic of China’s influ- (1) promote greater economic opportunity; for fiscal year 2021. ence in this area; (2) foster private sector development; SEC. 3276. AFRICA BROADCASTING NETWORKS. (E) an assessment of arms sales and weap- (3) strengthen civil society; and Not later than 180 days after the date of ons technology transfers from the People’s (4) promote transparent and democratic the enactment of this Act, the CEO of the Republic of China to the Middle East and governance and the rule of law. United States Agency for Global Media shall North Africa, impacts on United States’ na- PART VI—ARCTIC REGION submit to the appropriate congressional tional security interests, and recommended SEC. 3285. ARCTIC DIPLOMACY. committees a report on the resources and steps to mitigate the People’s Republic of (a) SENSE OF CONGRESS ON ARCTIC SECU- timeline needed to establish within the China’s influence in this area; RITY.—It is the sense of Congress that— Agency an organization whose mission shall (F) an assessment of the People’s Republic (1) the rapidly changing Arctic environ- be to promote democratic values and institu- of China’s military sales to the region in- ment— tions in Africa by providing objective, accu- cluding lethal and non-lethal unmanned aer- (A) creates new national and regional secu- rate, and relevant news and information to ial systems; rity challenges due to increased military ac- the people of Africa and counter (G) an assessment of People’s Republic of tivity in the Arctic; disinformation from malign actors, espe- China military basing and dual-use facility (B) heightens the risk of the Arctic emerg- cially in countries where a free press is initiatives across the Middle East and North ing as a major theater of conflict in ongoing banned by the government or not fully estab- Africa, impacts on United States’ national strategic competition; lished, about the region, the world, and the security interests, and recommended steps to (C) threatens maritime safety as Arctic lit- United States through uncensored news, re- mitigate the People’s Republic of China’s in- toral nations have inadequate capacity to sponsible discussion, and open debate. fluence in this area; patrol the increased vessel traffic in this re- PART V—MIDDLE EAST AND NORTH (H) efforts to improve regional security co- mote region, which is a result of diminished AFRICA operation with United States allies and part- annual levels of sea ice; SEC. 3281. STRATEGY TO COUNTER CHINESE IN- ners with a focus on— (D) impacts public safety due to increased FLUENCE IN, AND ACCESS TO, THE (i) maritime security in the Arabian Gulf, human activity in the Arctic region where MIDDLE EAST AND NORTH AFRICA. the Red Sea, and the Eastern Mediterranean; search and rescue capacity remains very lim- (a) SENSE OF CONGRESS.—It is the sense of (ii) integrated air and missile defense; ited; and Congress that— (iii) cyber security; (E) threatens the health of the Arctic’s (1) the economic influence of the People’s (iv) border security; and fragile and pristine environment and the Republic of China through its oil and gas im- (v) critical infrastructure security, to in- unique and highly sensitive species found in ports from the Middle East, infrastructure clude energy security; the Arctic’s marine and terrestrial eco- investments, technology transfer, and arms (I) increased support for government-to- systems; and sales provides influence and leverage that government engagement on critical infra- (2) the United States should reduce the runs counter to United States interests in structure development projects including consequences outlined in paragraph (1) by— the region; ports and water infrastructure; (A) carefully evaluating the wide variety (2) the People’s Republic of China seeks to (J) efforts to encourage United States pri- and dynamic set of security and safety risks erode United States influence in the Middle vate sector and public-private partnerships unfolding in the Arctic; East and North Africa through the sale of in healthcare technology and foreign direct (B) developing policies and making prep- Chinese arms, associated weapons tech- investment in non-energy sectors; arations to mitigate and respond to threats

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2684 CONGRESSIONAL RECORD — SENATE May 18, 2021 and risks in the Arctic, including by con- transnational commerce and commercial (C) to prevent the escalation of security tinuing to work with allies and partners in maritime transit in the Arctic Region; tensions by mitigating against the mili- the Arctic region to deter potential aggres- (4) coordinate the integration of scientific tarization of the Arctic Region; sive activities and build Arctic com- data on the current and projected effects of (D) to develop mutually agreed upon multi- petencies; emerging environmental changes on the Arc- lateral policies among Arctic nations on the (C) adequately funding the National Earth tic Region and ensure that such data is ap- management of maritime transit routes System Prediction Capability to sub- plied to the development of security strate- through the Arctic Region and work coop- stantively improve weather, ocean, and ice gies for the Arctic Region; eratively on the transit policies for access to predictions on the time scales necessary to (5) make available the methods and ap- and transit in the Arctic Region by non-Arc- ensure regional security and trans-Arctic proaches on the integration of environ- tic nations; and shipping; mental science and data to other regional se- (E) to facilitate the development of Arctic (D) investing in resources, including a sig- curity planning programs in the Department Region Security Action Plans to ensure sta- nificantly expanded icebreaker fleet, to en- of State to better ensure that broader deci- bility and public safety in disaster situations sure that the United States has adequate casion making processes may more adequately in a humane and responsible fashion; and pacity to prevent and respond to security account for the changing environment; (6) to evaluate the vulnerability, security, threats in the Arctic region; (6) assist with the development of, and fa- survivability, and resiliency of United States (E) pursuing diplomatic engagements with cilitate the implementation of, an Arctic Re- interests and non-defense assets in the Arc- all nations in the Arctic region for— gion Security Policy in accordance with sub- tic Region. (i) maintaining peace and stability in the section (f); PART VII—OCEANIA Arctic region; (7) use the voice, vote, and influence of the SEC. 3291. STATEMENT OF POLICY ON UNITED (ii) fostering cooperation on stewardship United States to encourage other countries STATES ENGAGEMENT IN OCEANIA. and safety initiatives in the Arctic region; and international multilateral organizations It shall be the policy of the United (iii) ensuring safe and efficient manage- to support the principles of the Arctic Re- States— ment of commercial maritime traffic in the gion Security Policy implemented pursuant (1) to elevate the countries of Oceania as a Arctic; to subsection (f); and strategic national security and economic (iv) promoting responsible natural re- (8) perform such other duties and exercise priority of the United States Government; source management and economic develop- such powers as the Assistant Secretary of (2) to promote civil society, the rule of law, ment; and State for Oceans and International Environ- and democratic governance across Oceania (v) countering China’s Polar Silk Road ini- mental and Scientific Affairs shall prescribe. as part of a free and open Indo-Pacific re- tiative; and gion; (f) RANK AND STATUS.—The President shall (3) to broaden and deepen relationships (F) examining the possibility of recon- appoint the Deputy Assistant Secretary for vening the Arctic Chiefs of Defense Forum. with the Freely Associated States of the Re- Arctic Affairs designated under subsection (b) STATEMENT OF POLICY.—It is the policy public of Palau, the Republic of the Marshall (d) to Special Representative or Special Islands, and the Federated States of Micro- of the United States— Envoy with the rank of Ambassador by and (1) to recognize only the nations enumer- nesia through robust defense, diplomatic, with the consent of the Senate. ated in subsection (c)(1) as Arctic nations, economic, and development exchanges that and to reject all other claims to this status; (g) ARCTIC REGION SECURITY POLICY.—The promote the goals of individual states and and Bureau of European and Eurasian Affairs the entire region; (2) that the militarization of the Arctic shall be the lead bureau for developing and (4) to work with the governments of Aus- poses a serious threat to Arctic peace and implementing the United States’ Arctic Re- tralia, New Zealand, and Japan to advance stability, and the interests of United States gion Security Policy, in coordination with shared alliance goals of the Oceania region allies and partners. the Bureau of Oceans and International En- concerning health, environmental protection, disaster resilience and preparedness, il- (c) DEFINITIONS.—In this section: vironmental and Scientific Affairs, the Bu- legal, unreported and unregulated fishing, (1) ARCTIC NATIONS.—The term ‘‘Arctic na- reau of Political-Military Affairs, embassies, maritime security, and economic develop- tions’’ means the 8 nations with territory or other regional bureaus, and relevant offices ment; exclusive economic zones that extend north to advance United States national security (5) to participate, wherever possible and of the 66.56083 parallel latitude north of the interests, including through conflict preven- appropriate, in existing regional organiza- equator, namely Russia, Canada, the United tion efforts, security assistance, humani- tions and international structures to pro- States, Norway, Denmark (including Green- tarian disaster response and prevention, and mote the national security and economic land), Finland, Sweden, and Iceland. economic and other relevant assistance pro- goals of the United States and countries of (2) ARCTIC REGION.—The term ‘‘Arctic Re- grams. The Arctic Region Security Policy the Oceania region; gion’’ means the geographic region north of shall assess, develop, budget for, and imple- (6) to invest in a whole-of-government the 66.56083 parallel latitude north of the ment plans, policies, and actions— United States strategy that will enhance equator. (1) to bolster the diplomatic presence of youth engagement and advance long-term (d) DESIGNATION.—The Assistant Secretary the United States in Arctic nations, includ- growth and development throughout the re- of State for Oceans and International Envi- ing through enhancements to diplomatic gion, especially as it relates to protecting ronmental and Scientific Affairs (OES) shall missions and facilities, participation in re- marine resources that are critical to liveli- designate a deputy assistant secretary serv- gional and bilateral dialogues related to Arc- hoods and strengthening the resilience of the ing within the Bureau of Oceans and Inter- tic security, and coordination of United countries of the Oceania region against cur- national Environmental and Scientific Af- States initiatives and assistance programs rent and future threats resulting from ex- fairs as ‘‘Deputy Assistant Secretary for across agencies to protect the national secu- treme weather and severe changes in the en- Arctic Affairs’’, who shall be responsible for rity of the United States and its allies and vironment; OES affairs in the Arctic Region. partners; (7) to deter and combat acts of malign for- (e) DUTIES.—The Deputy Assistant Sec- (2) to enhance the resilience capacities of eign influence and corruption aimed at un- retary for Arctic Affairs shall— Arctic nations to the effects of environ- dermining the political, environmental, so- (1) facilitate the development and coordi- mental change and increased civilian and cial, and economic stability of the people nation of United States foreign policy in the military activity by Arctic nations and and governments of the countries of Oceania; Arctic Region relating to— other nations that may result from increased (8) to improve the local capacity of the (A) strengthening institutions for coopera- accessibility of the Arctic Region; countries of Oceania to address public health tion among the Arctic nations; (3) to assess specific added risks to the Arc- challenges and improve global health secu- (B) enhancing scientific monitoring and re- tic Region and Arctic nations that— rity; search on local, regional, and global environ- (A) are vulnerable to the changing Arctic (9) to help the countries of Oceania access mental issues; environment; and market-based private sector investments (C) protecting the Arctic environment and (B) are strategically significant to the that adhere to best practices regarding conserving its biological resources; United States; transparency, debt sustainability, and envi- (D) promoting responsible natural resource (4) to coordinate the integration of environmental and social safeguards as an alter- management and economic development; and ronmental change and national security risk native to state-directed investments by au- (E) involving Arctic indigenous people in and vulnerability assessments into the deci- thoritarian governments; decisions that affect them. sion making process on foreign assistance (10) to ensure the people and communities (2) coordinate the diplomatic objectives awards to Greenland; of Oceania remain safe from the risks of old with respect to the activities described in (5) to advance principles of good govern- and degrading munitions hazards and other paragraph (1), and, as appropriate, represent ance by encouraging and cooperating with debris that threaten health and livelihoods; the United States within multilateral fora Arctic nations on collaborative approaches— (11) to cooperate with Taiwan by offering that address international cooperation and (A) to responsibly manage natural re- United States support for maintaining Tai- foreign policy matters in the Arctic Region; sources in the Arctic Region; wan’s diplomatic partners in Oceania; and (3) help inform, in coordination with the (B) to share the burden of ensuring mari- (12) to work cooperatively with all govern- Bureau of Economic and Business Affairs, time safety in the Arctic Region; ments in Oceania to promote the dignified

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2685 return of the remains of members of the regions where there is high demand for (6) An analysis of how an Oceania Security United States Armed Forces that are miss- United States foreign assistance to support Dialogue could help to advance the Boe Dec- ing in action from previous conflicts in the development needs; laration on Regional Security, including its Indo-Pacific region. (B) the relative capacity of the Indo-Pa- emphasis on the changing environment as SEC. 3292. OCEANIA STRATEGIC ROADMAP. cific countries of Oceania to absorb United the greatest existential threat to countries (a) OCEANIA STRATEGIC ROADMAP.—Not States foreign assistance for diplomatic and of Oceania. later than 180 days after the date of the en- development needs through partner govern- (7) An evaluation of how an Oceania Secu- actment of this Act, the Secretary of State ments and civil society institutions; and rity Dialogue could help amplify the issues shall submit to the appropriate congres- (C) any other factor that the Secretary or and work of existing regional structures and sional committees a strategic roadmap for Administrator determines may constitute a organizations dedicated to the security of strengthening United States engagement barrier to deploying or increasing United the Oceania region, such as the Pacific Is- with the countries of Oceania, including an States foreign assistance to the Indo-Pacific land Forum and Pacific Environmental Se- analysis of opportunities to cooperate with countries of Oceania; curity Forum. Australia, New Zealand, and Japan, to ad- (4) assessments of the presence of, degree (8) An analysis of how an Oceania Security dress shared concerns and promote shared of international development by, partner Dialogue would help with implementation of goals in pursuit of security and resiliency in country indebtedness to, and political influ- the strategic roadmap required by section the countries of Oceania. ence of malign foreign governments, such as 292 and advance the National Security Strat- (b) ELEMENTS.—The strategic roadmap re- the Government of the People’s Republic of egy of the United States. quired by subsection (a) shall include the fol- China, and non-state actors; (c) INTERAGENCY CONSULTATION.—To the lowing: (5) assessments of new foreign economic extent practicable, the Secretary of State (1) A description of United States regional assistance modalities that could assist in may consult with the Secretary of Defense goals and concerns with respect to Oceania strengthening United States foreign assist- and, where appropriate, evaluate the lessons and increasing engagement with the coun- ance in the Indo-Pacific countries of Oce- learned of the Regional Centers for Security tries of Oceania. ania, including the deployment of technical Studies of the Department of Defense to de- (2) An assessment, based on paragraph (1), assistance and asset recovery tools to part- termine the feasibility and advisability of of United States regional goals and concerns ner governments and civil society institu- establishing the Oceania Security Dialogue. that are shared by Australia, New Zealand, tions to help develop the capacity and exper- and Japan, including a review of issues re- tise necessary to achieve self-sufficiency; SEC. 3295. REPORT ON COUNTERING ILLEGAL, lated to anticorruption, maritime and other (6) an evaluation of the existing budget and UNREPORTED, AND UNREGULATED FISHING IN OCEANIA. security issues, environmental protection, resource management processes for the De- fisheries management, economic growth and partment of State’s and USAID’s mission (a) SENSE OF CONGRESS.—It is the sense of development, and disaster resilience and pre- and work with respect to its programming in Congress that— paredness. the Indo-Pacific countries of Oceania; (1) many countries of the Oceania region (3) A review of ongoing programs and ini- (7) an explanation of how the Secretary depend on commercial tuna fisheries as a tiatives by the governments of the United and the Administrator will use existing pro- critical component of their economies; States, Australia, New Zealand, and Japan in gramming processes, including those with re- (2) the Government of the People’s Repub- pursuit of those shared regional goals and spect to development of an Integrated Coun- lic of China has used its licensed fishing fleet concerns, including with respect to the try Strategy, Country Development Coopera- to exert greater influence in Oceania, but at issues described in paragraph (1). tion Strategy, the Joint Strategic Plan, and the same time, its licensed fishing fleet is (4) A review of ongoing programs and ini- the Journey to Self-Reliance Country Road- also a major contributor to illegal, unre- tiatives by regional organizations and other maps, to advance the long-term growth, gov- ported, and unregulated fishing (in this sec- related intergovernmental structures aimed ernance, economic development, and resil- tion referred to as ‘‘IUU fishing’’) activities; at addressing the issues described in para- ience of the Indo-Pacific countries of Oce- (3) the sustainability of Oceania’s fisheries graph (1). ania; and is threatened by IUU fishing, which depletes (5) A plan for aligning United States pro- (8) any recommendations about appro- both commercially important fish stocks grams and resources in pursuit of those priate budgetary, resource management, and and non-targeted species that help maintain shared regional goals and concerns, as appro- programmatic changes necessary to assist in the integrity of the ocean ecosystem; priate. strengthening United States foreign assist- (4) in addition, IUU fishing puts pressure (6) Recommendations for additional United ance programming in the Indo-Pacific coun- on protected species of marine mammals, sea States authorities, personnel, programs, or tries of Oceania. turtles, and sea birds, which also jeopardizes the integrity of the ocean ecosystem; resources necessary to execute the strategic SEC. 3294. OCEANIA SECURITY DIALOGUE. (5) further, because IUU fishing goes unre- roadmap. (a) IN GENERAL.—Not later than one year (7) Any other elements the Secretary con- after the date of the enactment of this Act, corded, the loss of biomass compromises sci- siders appropriate. the Secretary of State shall brief the appro- entists’ work to assess and model fishery stocks and advise managers on sustainable SEC. 3293. REVIEW OF USAID PROGRAMMING IN priate committees of Congress on the feasi- OCEANIA. bility and advisability of establishing a catch levels; (a) IN GENERAL.—The Secretary of State, United States-based public-private sponsored (6) beyond the damage to living marine rein coordination with the Administrator of security dialogue (to be known as the ‘‘Oce- sources, IUU fishing also contributes di- the United States Agency for International ania Security Dialogue’’) among the coun- rectly to illegal activity in the Oceania re- Development (in this section referred to as tries of Oceania for the purposes of jointly gion, such as food fraud, smuggling, and ‘‘USAID’’), should include the Indo-Pacific exploring and discussing issues affecting the human trafficking; countries of Oceania in existing strategic economic, diplomatic, and national security (7) current approaches to IUU fishing en- planning and multi-sector program evalua- of the Indo-Pacific countries of Oceania. forcement rely on established methods, such tion processes, including the Department of (b) REPORT REQUIRED.—The briefing reas vessel monitoring systems, logbooks State’s Integrated Country Strategies and quired by subsection (a) shall, at a min- maintained by government fisheries enforce- USAID’s Country Development Cooperation imum, include the following: ment authorities to record the catches land- Strategies, the Joint Strategic Plan, and the (1) A review of the ability of the Depart- ed by fishing vessels, and corroborating data Journey to Self-Reliance Country Roadmaps. ment of State to participate in a public-pri- on catches hand-collected by human observer (b) PROGRAMMATIC CONSIDERATIONS.—Eval- vate sponsored security dialogue. programs; uations and considerations for Indo-Pacific (2) An assessment of the potential loca- (8) such established methods are imperfect countries of Oceania in the program plan- tions for conducting an Oceania Security because— ning and strategic development processes Dialogue in the jurisdiction of the United (A) vessels can turn off monitoring sys- under subsection (a) should include— States. tems and unlicensed vessels do not use them; (1) descriptions of the diplomatic and de- (3) Consideration of dates for conducting and velopment challenges of the Indo-Pacific an Oceania Security Dialogue that would (B) observer coverage is thin and subject to countries of Oceania as those challenges re- maximize participation of representatives human error and corruption; late to the strategic, economic, and humani- from the Indo-Pacific countries of Oceania. (9) maritime domain awareness technology tarian interests of the United States; (4) A review of the funding modalities solutions for vessel monitoring have gained (2) reviews of existing Department of State available to the Department of State to help credibility in recent years and include sys- and USAID programs to address the diplo- finance an Oceania Security Dialogue, in- tems such as observing instruments deployed matic and development challenges of those cluding grant-making authorities available on satellites, crewed and uncrewed air and countries evaluated under paragraph (1); to the Department of State. surface systems, aircraft, and surface ves- (3) descriptions of the barriers, if any, to (5) An assessment of any administrative, sels, as well as electronic monitoring sys- increasing Department of State and USAID statutory, or other legal limitations that tems on fishing vessels; programming to Indo-Pacific countries of would prevent the establishment of an Oce- (10) maritime domain awareness tech- Oceania, including— ania Security Dialogue with participation nologies hold the promise of significantly (A) the relative income level of the Indo- and support of the Department of State as augmenting the current IUU fishing enforce- Pacific countries of Oceania relative to other described in subsection (a). ment capacities; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2686 CONGRESSIONAL RECORD — SENATE May 18, 2021 (11) maritime domain awareness tech- pand the presence of Peace Corps volunteers (18) The Solomon Islands. nologies offer an avenue for addressing key in low-income Oceania communities in sup- (19) Tokelau of New Zealand. United States national interests, including port of climate resilience initiatives. (20) Tonga. those interests related to— (b) ELEMENTS.—The report required by sub- (21) Tuvalu. (A) increasing bilateral diplomatic ties section (a) shall— (22) Wallis and Futuna of France. with key allies and partners in the Oceania (1) assess the factors contributing to the TITLE III—INVESTING IN OUR VALUES region; current absence of the Peace Corps and its (B) countering illicit trafficking in arms, volunteers in Oceania; SEC. 3301. AUTHORIZATION OF APPROPRIATIONS (2) examine potential remedies that in- FOR PROMOTION OF DEMOCRACY IN narcotics, and human beings associated with HONG KONG. clude working with United States Govern- IUU fishing; (a) AUTHORIZATION OF APPROPRIATIONS.— ment agencies and regional governments, in- (C) advancing security, long-term growth, There is authorized to be appropriated cluding governments of United States al- and development in the Oceania region; $10,000,000 for fiscal year 2022 for the Bureau lies— (D) supporting ocean conservation objec- of Democracy, Human Rights, and Labor of (A) to increase the health infrastructure tives; the Department of State to promote democ- and medical evacuation capabilities of the (E) reducing food insecurity; and racy in Hong Kong. (F) countering attempts by the Govern- countries of Oceania to better support the (b) ADMINISTRATION.—The Secretary of safety of Peace Corps volunteers while in ment of the People’s Republic of China to State shall designate an office within the De- those countries; grow its influence in the Oceania region. partment of State to administer and coordi- (b) REPORT REQUIRED.— (B) to address physical safety concerns nate the provision of such funds described in (1) IN GENERAL.—Not later than 180 days that have decreased the ability of the Peace subsection (a) within the Department of after the date of the enactment of this Act, Corps to operate in Oceania; and the Secretary of State, in consultation with (C) to increase transportation infrastruc- State and across the United States Govern- the Administrator of the National Oceanic ture in the countries of Oceania to better ment. and Atmospheric Administration, the Com- support the travel of Peace Corps volunteers SEC. 3302. IMPOSITION OF SANCTIONS RELATING mandant of the Coast Guard, and the Sec- and their access to necessary facilities; TO FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS REGION. retary of Defense, shall submit to the appro- (3) evaluate the potential to expand the de- (a) IN GENERAL.—Section 6(a)(1) of the priate congressional committees a report as- ployment of Peace Corps Response volun- Uyghur Human Rights Policy Act of 2020 sessing the use of advanced maritime domain teers to help the countries of Oceania ad- awareness technology systems to combat dress social, economic, and development (Public Law 116–145; 22 U.S.C. 6901 note) is IUU fishing in Oceania. needs of their communities that require spe- amended— (1) by redesignating subparagraph (E) as (2) ELEMENTS.—The report required by cific professional expertise; and paragraph (1) shall include— (4) explore potential new operational mod- subparagraph (F); and (A) a review of the effectiveness of existing els to address safety and security needs of (2) by inserting after subparagraph (D) the monitoring technologies, including elec- Peace Corps volunteers in the countries of following: tronic monitoring systems, to combat IUU Oceania, including— ‘‘(E) Serious human rights abuses in con- fishing; (A) changes to volunteer deployment dura- nection with forced labor.’’. (B) recommendations for effectively inte- tions; and (b) EFFECTIVE DATE; APPLICABILITY.—The grating effective monitoring technologies (B) scheduled redeployment of volunteers amendment made by subsection (a)— into a Oceania-wide strategy for IUU fishing to regional or United States-based (1) takes effect on the date of the enact- enforcement; healthcare facilities for routine physical and ment of this Act; and (C) an assessment and recommendations behavioral health evaluation. (2) applies with respect to the first report for the secure and reliable processing of data (c) VOLUNTEERS IN LOW-INCOME OCEANIA required by section 6(a)(1) of the Uyghur from such monitoring technologies, includ- COMMUNITIES.— Human Rights Policy Act of 2020 submitted ing the security and verification issues; (1) IN GENERAL.—In examining the poten- after such date of enactment. (D) the technical and financial capacity of tial to expand the presence of Peace Corps SEC. 3303. IMPOSITION OF SANCTIONS WITH RE- countries of the Oceania region to deploy volunteers in low-income Oceania commu- SPECT TO SYSTEMATIC RAPE, COER- nities under subsection (a)(2), the Director of CIVE ABORTION, FORCED STERI- and maintain large-scale use of maritime do- LIZATION, OR INVOLUNTARY CON- main awareness technological systems for the Peace Corps shall consider the develop- TRACEPTIVE IMPLANTATION IN THE the purposes of combating IUU fishing and ment of initiatives described in paragraph XINJIANG UYGHUR AUTONOMOUS supporting fisheries resource management; (2). REGION. (E) a review of the technical and financial (2) INITIATIVES DESCRIBED.—Initiatives de- (a) IN GENERAL.—Section 6(a)(1) of the capacity of regional organizations and inter- scribed in this paragraph are volunteer ini- Uyghur Human Rights Policy Act of 2020 national structures to support countries of tiatives that help the countries of Oceania (Public Law 116–145; 22 U.S.C. 6901 note), as the Oceania region in the deployment and address social, economic, and development amended by section 302, is further amended— maintenance of large-scale use of maritime needs of their communities, including by— (1) by redesignating subparagraphs (F) as domain awareness technology systems for (A) addressing, through appropriate resil- subparagraph (G); and the purposes of combating IUU fishing and ience-based interventions, the vulnerability (2) by inserting after subparagraph (E) the supporting fisheries resource management; that communities in Oceania face as result following: (F) an evaluation of the utility of using of extreme weather, severe environmental ‘‘(F) Systematic rape, coercive abortion, foreign assistance, security assistance, and change, and other climate related trends; forced sterilization, or involuntary contra- development assistance provided by the and ceptive implantation policies and prac- United States to countries of the Oceania re- (B) improving, through smart infrastruc- tices.’’. gion to support the large-scale deployment ture principles, access to transportation and (b) EFFECTIVE DATE; APPLICABILITY.—The and operations of maritime domain aware- connectivity infrastructure that will help amendment made by subsection (a)— ness systems to increase maritime security address the economic and social challenges (1) takes effect on the date of the enact- across the region; and that communities in Oceania confront as a ment of this Act; and (G) an assessment of the role of large-scale result of poor or nonexistent infrastructure. (2) applies with respect to the first report deployment and operations of maritime do- (d) OCEANIA DEFINED.—In this section, the required by section 6(a)(1) of the Uyghur main awareness systems throughout Oceania term ‘‘Oceania’’ includes the following: Human Rights Policy Act of 2020 submitted to supporting United States economic and (1) Easter Island of Chile. after such date of enactment. national security interests in the Oceania re- (2) Fiji. SEC. 3304. REPORT ON CORRUPT ACTIVITIES OF gion, including efforts related to countering (3) French Polynesia of France. SENIOR OFFICIALS OF GOVERN- IUU fishing, improving maritime security, (4) Kiribati. MENT OF THE PEOPLE’S REPUBLIC and countering malign foreign influence. (5) New Caledonia of France. OF CHINA. SEC. 3296. OCEANIA PEACE CORPS PARTNER- (6) Nieu of New Zealand. (a) APPROPRIATE COMMITTEES OF CONGRESS SHIPS. (7) Papua New Guinea. DEFINED.—In this section, the term ‘‘appro- (a) IN GENERAL.—Not later than one year (8) Samoa. priate committees of Congress’’ means— after the date of the enactment of this Act, (9) Vanuatu. (1) the Committee on Foreign Relations, the Director of the Peace Corps shall submit (10) The Ashmore and Cartier Islands of the Committee on Banking, Housing, and to Congress a report on strategies to reason- Australia. Urban Affairs, and the Select Committee on ably and safely expand the number of Peace (11) The Cook Islands of New Zealand. Intelligence of the Senate; and Corps volunteers in Oceania, with the goals (12) The Coral Islands of Australia. (2) the Committee on Foreign Affairs, the of— (13) The Federated States of Micronesia. Committee on Financial Services, and the (1) expanding the presence of the Peace (14) The Norfolk Island of Australia. Permanent Select Committee on Intelligence Corps to all currently feasible locations in (15) The Pitcairn Islands of the United of the House of Representatives. Oceania; and Kingdom. (b) ANNUAL REPORT REQUIRED.— (2) working with regional and inter- (16) The Republic of the Marshal Islands. (1) IN GENERAL.—Not later than 180 days national partners of the United States to ex- (17) The Republic of Palau. after the date of the enactment of this Act,

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2687 and annually thereafter through 2026, the Di- State pursuant to section 404(b) of the Child the Xinjiang Uyghur Autonomous Region rector of the Central Intelligence Agency, in Soldiers Prevention Act of 2008 (22 U.S.C. (XUAR) in the northwest of the People’s Re- coordination with the Secretary of State, 2370c–1(b)) as a government that recruits and public of China (PRC). the Secretary of Treasury, and any other rel- uses child soldiers; or (2) Following Uyghur demonstrations and evant United States Government official, (E) the government of which the United unrest in 2009 and clashes with government shall submit to the appropriate committees States determines to have committed geno- security personnel and other violent inci- of Congress a report on the corruption and cide or crimes against humanity. dents in subsequent years, PRC leaders corrupt activities of senior officials of the SEC. 3306. POLICY WITH RESPECT TO TIBET. sought to ‘‘stabilize’’ the XUAR through Government of the People’s Republic of (a) RANK OF UNITED STATES SPECIAL COOR- large-scale arrests and extreme security China. DINATOR FOR TIBETAN ISSUES.—Section 621 of measures, under the pretext of combatting (2) ELEMENTS.— the Tibetan Policy Act of 2002 (22 U.S.C. 6901 alleged terrorism, religious extremism, and (A) IN GENERAL.—Each report under para- note) is amended— ethnic separatism. graph (1) shall include the following ele- (1) by redesignating subsections (b), (c), (3) In May 2014, the PRC launched its ments: and (d), as subsections (c), (d), and (e), re- ‘‘Strike Hard Against Violent Extremism’’ (i) A description of the wealth and sources spectively; and campaign, which placed further restrictions of wealth of senior officials of the Govern- (2) by inserting after subsection (a) the fol- on and facilitated additional human rights ment of the People’s Republic of China. lowing: violations against minorities in the XUAR (ii) A description of corrupt activities, in- ‘‘(b) RANK.—The Special Coordinator shall under the pretext of fighting terrorism. cluding activities taking place outside of either be appointed by the President, with (4) In August 2016, Chinese Communist China, engaged in by senior officials of the the advice and consent of the Senate, or Party (CCP) Politburo member Chen Government of the People’s Republic of shall be an individual holding the rank of Quanguo, former Tibet Autonomous Region China. Under Secretary of State or higher.’’. (TAR) Party Secretary, known for over- (iii) A description of any gaps in the abil- (b) TIBET UNIT AT UNITED STATES EMBASSY seeing intensifying security operations and ity of the intelligence community to collect IN BEIJING.— human rights abuses in the TAR, was ap- information covered in clauses (i) and (ii). (1) IN GENERAL.—The Secretary of State pointed as Party Secretary of the XUAR. (B) SCOPE OF REPORTS.—The first report shall establish a Tibet Unit in the Political (5) Beginning in 2017, XUAR authorities under paragraph (1) shall include comprehen- Section of the United States Embassy in Bei- have sought to forcibly ‘‘assimilate’’ sive information on the matters described in jing, People’s Republic of China. Uyghurs and other Turkic minorities into subparagraph (A). Any succeeding report (2) OPERATION.—The Tibet Unit established Chinese society through a policy of cultural under paragraph (1) may consist of an update under paragraph (1) shall operate until such erasure known as ‘‘Sinicization’’. or supplement to the preceding report under time as the Government of the People’s Re- (6) Since 2018, credible reporting including that subsection. public of China permits— from the BBC, France24, and the New York (3) FORM.—Each report under paragraph (1) (A) the United States Consulate General in Times has shown that the Government of the shall include an unclassified executive sum- Chengdu, People’s Republic of China, to re- PRC has built mass internment camps in the mary of the elements described in clauses (i) open; or XUAR, which it calls ‘‘vocational training’’ and (ii) of paragraph (2)(A), and may include (B) a United States Consulate General in centers, and detained Uyghurs and other a classified annex. Lhasa, Tibet, to open. groups in them and other facilities. (c) SENSE OF CONGRESS.—It is the sense of (3) STAFF.— (7) Since 2015, XUAR authorities have arbi- Congress that the United States should un- (A) IN GENERAL.—The Secretary shall— trarily detained an estimated 1,500,000 dertake every effort and pursue every oppor- (i) assign not fewer than 2 United States Uyghurs—12.5 percent of the XUAR’s official tunity to expose the corruption and related direct-hire personnel to the Tibet Unit estab- Uyghur population of 12,000,000—and a small- practices of senior officials of the Govern- lished under paragraph (1); and er number of other ethnic minorities in the ment of the People’s Republic of China, in- (ii) hire not fewer than 1 locally engaged ‘‘vocational training’’ centers and other de- cluding President Xi Jinping. staff member for such unit. tention and pre-detention facilities. SEC. 3305. REMOVAL OF MEMBERS OF THE (B) LANGUAGE TRAINING.—The Secretary (8) In 2017, the XUAR accounted for less UNITED NATIONS HUMAN RIGHTS shall make Tibetan language training avail- than two percent of the PRC’s total popu- COUNCIL THAT COMMIT HUMAN able to the personnel assigned under sub- lation but 21 percent of all arrests in China. RIGHTS ABUSES. paragraph (A), consistent with the Tibetan (9) The Atlantic, Radio Free Asia, and The President shall direct the Permanent Policy Act of 2002 (22 U.S.C. 6901 note). other sources have revealed that detainees Representative of the United States to the SEC. 3307. UNITED STATES POLICY AND INTER- are forced to renounce many of their Islamic United Nations to use the voice, vote, and in- NATIONAL ENGAGEMENT ON THE beliefs and customs and repudiate Uyghur fluence of the United States to— SUCCESSION OR REINCARNATION culture, language, and identity. (1) reform the process for removing mem- OF THE DALAI LAMA AND RELI- (10) Investigations by Human Rights Watch bers of the United Nations Human Rights GIOUS FREEDOM OF TIBETAN BUD- and other human rights organizations have Council that commit gross and systemic vio- DHISTS. documented how detainees are subject to po- lations of human rights, including— (a) REAFFIRMATION OF POLICY.—It is the litical indoctrination, forced labor, crowded (A) lowering the threshold vote at the policy of the United States, as provided and unsanitary conditions, involuntary bio- United Nations General Assembly for re- under section 342(b) of division FF of the metric data collection, both medical neglect moval to a simple majority; Consolidated Appropriations Act, 2021 (Pub- and intrusive medical interventions, food (B) ensuring information detailing the lic Law 116–260), that any ‘‘interference by and water deprivation, beatings, sexual vio- member country’s human rights record is the Government of the People’s Republic of lence, and torture. publicly available before the vote on re- China or any other government in the proc- (11) Research by the Australian Strategic moval; and ess of recognizing a successor or reincarna- Policy Institute suggests that, since late (C) making the vote of each country on the tion of the 14th Dalai Lama and any future 2019, many detainees have been placed in removal from the United Nations Human Dalai Lamas would represent a clear abuse of higher security facilities and convicted of the right to religious freedom of Tibetan Rights Council publicly available; formal crimes. Buddhists and the Tibetan people’’. (2) reform the rules on electing members to (12) Human Rights Watch has reported that (b) INTERNATIONAL EFFORTS TO PROTECT the United Nations Human Rights Council to the PRC uses data collection programs, in- RELIGIOUS FREEDOM OF TIBETAN BUDDHISTS.— ensure United Nations members that have The Secretary of State should engage with cluding facial recognition technology, to committed gross and systemic violations of United States allies and partners to— surveil Uyghurs in the XUAR and to identify human rights are not elected to the Human (1) support Tibetan Buddhist religious individuals whom authorities may detain. Rights Council; and leaders’ sole religious authority to identify (13) PRC authorities have placed countless (3) oppose the election to the Human and install the 15th Dalai Lama; children whose parents are detained or in Rights Council of any United Nations mem- (2) oppose claims by the Government of the exile in state-run institutions and boarding ber— People’s Republic of China that the PRC has schools without the consent of their parents. (A) currently designated as a country en- the authority to decide for Tibetan Bud- (14) New York Times reporting revealed gaged in a consistent pattern of gross viola- dhists the 15th Dalai Lama; and that numerous local PRC officials who did tions of internationally recognized human (3) reject interference by the Government not agree with the policies carried out in rights pursuant to section 116 or section 502B of the People’s Republic of China in the reli- XUAR have been fired and imprisoned. of the Foreign Assistance Act of 1961 (22 gious freedom of Tibetan Buddhists. (15) Associated Press reporting documented U.S.C. 2151n, 2304); widespread and systemic efforts by PRC au- SEC. 3308. SENSE OF CONGRESS ON TREATMENT (B) currently designated as a state sponsor OF UYGHURS AND OTHER ETHNIC thorities to force Uyghur women to take of terrorism; MINORITIES IN THE XINJIANG contraceptives or to subject them to steri- (C) currently designated as a Tier 3 coun- UYGHUR AUTONOMOUS REGION. lization or abortion, threatening to detain try under the Trafficking Victims Protection (a) FINDINGS.—Congress makes the fol- those who do not comply. Act of 2000 (22 U.S.C. 7101 et seq.); lowing findings: (16) PRC authorities prohibit family mem- (D) the government of which is identified (1) The Uyghurs are one of several pre- bers and advocates inside and outside China on the list published by the Secretary of dominantly Muslim Turkic groups living in from having regular communications with

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2688 CONGRESSIONAL RECORD — SENATE May 18, 2021 relatives and friends imprisoned in the the predominantly Muslim Uyghurs and (4) Article 9 of the National Security Law XUAR, such as journalist and entrepreneur other ethnic and religious minority groups authorizes unprecedented regulation and su- Ekpar Asat. in Xinjiang’’. pervision of internet activity in Hong Kong, (17) PRC authorities have imposed perva- (b) SENSE OF CONGRESS.—It is the sense of including expanded police powers to force sive restrictions on the peaceful practice of Congress that— internet service providers to censor content, Islam in the XUAR, to the extent that (1) the atrocities committed by the CCP hand over user information, and block access Human Rights Watch asserts the PRC ‘‘has against Uyghurs and other predominantly to platforms. effectively outlawed the practice of Islam’’. Muslim Turkic groups in Xinjiang, including (5) On January 13, 2021, the Hong Kong (18) Individuals who are not detained in forced labor, sexual violence, the internment Broadband Network blocked public access to camps have been forced to attend political of over 1,000,000 individuals, and other hor- HK Chronicles, a website promoting pro-de- indoctrination sessions, subjected to move- rific abuses must be condemned; mocracy viewpoints, under the authorities of ment restrictions, mass surveillance sys- (2) the President, the Secretary of State, the National Security Law. tems, involuntary biometric data collection, and the United States Ambassador to the (6) On February 12, 2021, internet service and other human rights abuses. United Nations should speak publicly about providers blocked access to the Taiwan Tran- (19) International media, nongovernmental the ongoing human rights abuses in the sitional Justice Commission website in Hong organizations, scholars, families, and sur- XUAR, including in formal speeches at the Kong. vivors have reported on the systemic nature United Nations and other international fora; (7) Major tech companies including of many of these abuses. (3) the President, the Secretary of State, Facebook, Twitter, WhatsApp and Google (20) On June 26, 2020, a group of 50 inde- and the United States Ambassador to the have stopped reviewing requests for user pendent United Nations experts jointly ex- United Nations should appeal to the United data from Hong Kong authorities. pressed alarm over China’s deteriorating Nations Secretary-General to take a more (8) On February 28, 2021, 47 pro-democracy human rights record, including its repression proactive and public stance on the situation activists in Hong Kong were arrested and in Xinjiang, and called on the international in the XUAR, including by supporting calls charged under the National Security Law on community ‘‘to act collectively and deci- for an investigation and accountability for the charge of ‘‘conspiracy to commit subver- sively to ensure China respects human rights individuals and entities involved in abuses sion’’. and abides by its international obligations’’. (b) SENSE OF CONGRESS.—It is the sense of against the people of the XUAR; (21) On October 6, 2020, 39 United Nations Congress that the United States should— (4) the United States should continue to member countries issued a public statement (1) support the ability of the people of use targeted sanctions and all diplomatic condemning human rights violations by PRC Hong Kong to maintain their freedom to ac- tools available to hold those responsible for authorities and calling on the PRC to allow cess information online; and the atrocities in Xinjiang to account; the United Nations High Commissioner for (2) focus on investments in technologies (5) United States agencies engaged with Human Rights unfettered access to Xinjiang. that facilitate the unhindered exchange of China on trade, climate, defense, or other bi- (22) The United States Congress passed the information in Hong Kong in advance of any lateral issues should include human rights Uyghur Human Rights Policy Act of 2020 future efforts by the Chinese Communist abuses in the XUAR as a consideration in de- (Public Law 116–145). Party— (23) The United States Congress passed the veloping United States policy; (A) to suppress internet access; Global Magnitsky Human Rights Account- (6) the United States supports Radio Free (B) to increase online censorship; or ability Act (subtitle F of title XII of Public Asia Uyghur, the only Uyghur-language news (C) to inhibit online communication and Law 114–328; 22 U.S.C. 2656 note), which has service in the world independent of Chinese content-sharing by the people of Hong Kong. been used to sanction PRC officials and enti- government influence; and (c) DEFINITIONS.—In this section: ties for their activities in the XUAR. (7) the United States recognizes the re- (1) APPROPRIATE COMMITTEES OF CON- (24) The United States Government has im- peated requests from the United Nations GRESS.—The term ‘‘appropriate committees plemented additional targeted restrictions High Commissioner for Human Rights for of Congress’’ means— on trade with Xinjiang and imposed visa and unfettered access to the XUAR and the (A) the Committee on Foreign Relations of economic sanctions on PRC officials and en- PRC’s refusal to comply, and therefore— the Senate; tities for their activities in the XUAR. (A) PRC authorities must allow unfettered (B) the Committee on Appropriations of (25) The United States Government has access by the United Nations Office of the the Senate; documented human rights abuses and viola- High Commissioner for Human Rights to the (C) the Select Committee on Intelligence tions of individual freedoms in the XUAR, XUAR; of the Senate; including in the 2019 Department of State (B) the United States should urge collabo- (D) the Committee on Foreign Affairs of Report on International Religious Freedom. rative action between the United States Gov- the House of Representatives; (26) On January 19, 2021, then-Secretary of ernment and international partners to pres- (E) the Committee on Appropriations of State Michael Pompeo ‘‘determined that the sure PRC authorities to allow unfettered ac- the House of Representatives; and PRC, under the direction and control of the cess to the XUAR; (F) the Permanent Select Committee on CCP, has committed genocide against the (C) the President, the Secretary of State, Intelligence of the House of Representatives. predominantly Muslim Uyghurs and other and the United States Ambassador to the (2) WORKING GROUP.—The term ‘‘working ethnic and religious minority groups in United Nations should simultaneously out- group’’ means— Xinjiang’’. line a strategy to investigate the human (A) the Under Secretary of State for Civil- (27) On January 19, 2021, during his con- rights abuses and crimes that have taken ian Security, Democracy, and Human firmation hearing, Secretary of State place in the XUAR, collect evidence, and Rights; Antony Blinken testified that ‘‘forcing men, transfer the evidence to a competent court; (B) the Assistant Secretary of State for women, and children into concentration and East Asian and Pacific Affairs; camps, trying to in effect reeducate them to (D) United States partners and allies (C) the Chief Executive Officer of the be adherents to the Chinese Communist should undertake similar strategies in an ef- United States Agency for Global Media and Party—all of that speaks to an effort to comfort to build an international investigation the President of the Open Technology Fund; mit genocide’’. outside of the PRC if PRC authorities do not and (28) On January 19, 2021, Secretary of the comply with a United Nations investigation (D) the Administrator of the United States Treasury Janet L. Yellen, during her con- in the XUAR. Agency for International Development. firmation hearing, publicly stated that SEC. 3309. DEVELOPMENT AND DEPLOYMENT OF (3) JOINT DECLARATION.—The term ‘‘Joint China is guilty of ‘‘horrendous human rights INTERNET FREEDOM AND GREAT Declaration’’ means the Joint Declaration of abuses’’. FIREWALL CIRCUMVENTION TOOLS the Government of the United Kingdom of (29) On January 27, 2021, in response to a FOR THE PEOPLE OF HONG KONG. Great Britain and Northern Ireland and the question from the press regarding the (a) FINDINGS.—Congress makes the fol- Government of the People’s Republic of Uyghurs, Secretary Blinken stated that his lowing findings: China on the Question of Hong Kong, done at ‘‘judgement remains that genocide was com- (1) The People’s Republic of China has re- Beijing on December 19, 1984. mitted against the Uyghurs’’. peatedly violated its obligations under the (d) HONG KONG INTERNET FREEDOM PRO- (30) On March 10, 2021, in response to a Joint Declaration by suppressing the basic GRAM.— question on Xinjiang during his testimony rights and freedoms of Hong Kongers. (1) IN GENERAL.—The Secretary of State is before the Committee on Foreign Affairs of (2) On June 30, 2020, the National People’s authorized to establish a working group to the House of Representatives, Secretary Congress passed a ‘‘National Security Law’’ develop a strategy to bolster internet resil- Blinken reiterated, ‘‘We’ve been clear, and that further erodes Hong Kong’s autonomy iency and online access in Hong Kong. The I’ve been clear, that I see it as genocide, and enables authorities to suppress dissent. Secretary shall establish a Hong Kong Inter- other egregious abuses of human rights, and (3) The Government of the People’s Repub- net Freedom Program in the Bureau of De- we’ll continue to make that clear.’’. lic of China continues to utilize the National mocracy, Human Rights, and Labor at the (31) The 2020 Department of State Country Security Law to undermine the fundamental Department of State. Additionally, the Reports on Human Rights Practices: China rights of the people of Hong Kong through President of the Technology Fund is author- states that ‘‘[g]enocide and crimes against suppression of the freedom of speech, assem- ized to establish a Hong Kong Internet Free- humanity occurred during the year against bly, religion, and the press. dom Program. These programs shall operate

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2689 independently, but in strategic coordination (ii) to reduce the risk of misuse by bad ac- (6) outlines the Department of State’s with other entities in the working group. tors. strategy to influence global internet legal The Open Technology Fund shall remain (D) SECURITY AUDITS.—New technologies standards at international organizations and independent from Department of State direc- developed using grants from this paragraph multilateral fora. tion in its implementation of this, and any shall undergo comprehensive security audits SEC. 3310. ENHANCING TRANSPARENCY ON other Internet Freedom Programs. to ensure that such technologies are secure INTERNATIONAL AGREEMENTS AND (2) INDEPENDENCE.—During the period be- and have not been compromised in a manner NON-BINDING INSTRUMENTS. ginning on the date of the enactment of this detrimental to the interests of the United (a) IN GENERAL.—Section 112b of title 1, Act and ending on September 30, 2023, the States or to individuals or organizations United States Code, is amended— Program shall be carried out independent benefitting from programs supported by the (1) in the section heading, by striking from the mainland China internet freedom Open Technology Fund. ‘‘transmission to Congress’’ and inserting portfolios in order to focus on supporting lib- (2) FUNDING SOURCE.—The Secretary of ‘‘transparency provisions’’; erties presently enjoyed by the people of State is authorized to expend funds from the (2) in subsection (a)— Hong Kong. Human Rights and Democracy Fund of the (A) by striking ‘‘The Secretary’’ and all (3) CONSOLIDATION OF DEPARTMENT OF STATE Bureau of Democracy, Human Rights, and that follows through ‘‘notice from the Presi- PROGRAM.—Beginning on October 1, 2023, the Labor of the Department of State during fis- dent.’’; and Secretary of State may— cal year 2020 for grants authorized under (B) by striking ‘‘any international agree- (A) consolidate the Program with the paragraph (1) at any entity in the working ment on behalf of the United States shall mainland China initiatives in the Bureau of group. transmit’’ and all that follows through the Democracy, Human Rights, and Labor; or (3) AUTHORIZATION OF APPROPRIATIONS.— period at the end and inserting the following: (B) continue to carry out the Program in (A) OPEN TECHNOLOGY FUND.—In addition to ‘‘any international agreement or qualifying accordance with paragraph (2). the funds authorized to be expended pursu- non-binding instrument on behalf of itself or (4) CONSOLIDATION OF OPEN TECHNOLOGY ant to paragraph (2), there are authorized to the United States shall— FUND PROGRAM.—Beginning on October 1, be appropriated to the Open Technology ‘‘(1) provide to the Secretary the text of 2023, the President of the Open Technology Fund $5,000,000 for each of fiscal years 2022 each international agreement not later than Fund may— and 2023 to carry out this subsection. This 30 calendar days after the date on which such (A) consolidate the Program with the funding is in addition to the funds author- agreement is signed; mainland China initiatives in the Open Tech- ized for the Open Technology Fund through ‘‘(2) provide to the Secretary the text of nology Fund; or the National Defense Authorization Act for each qualifying non-binding instrument not (B) continue to carry out the Program in Fiscal Year 2021 (Public Law 116–92). later than 30 calendar days after the date of accordance with paragraph (2). (B) BUREAU OF DEMOCRACY, HUMAN RIGHTS, the written communication described in sub- (e) SUPPORT FOR INTERNET FREEDOM TECH- AND LABOR.—In addition to the funds author- section (m)(3)(A)(ii); and NOLOGY PROGRAMS.— ized to be expended pursuant to paragraph ‘‘(3) on an ongoing basis, provide any im- (1) GRANTS AUTHORIZED.— (2), there are authorized to be appropriated plementing material to the Secretary for (A) IN GENERAL.—The Secretary of State, to the Office of Internet Freedom Programs transmittal to the appropriate congressional working through the Bureau of Democracy, in the Bureau of Democracy, Human Rights, committees as needed to satisfy the require- Human Rights, and Labor, and the Open ments described in subsection (c).’’; Technology Fund, separately and independ- and Labor of the Department of State $10,000,000 for each of fiscal years 2022 and (3) by striking subsection (b); ently from the Secretary of State, are au- (4) by redesignating subsections (a), (c), thorized to award grants and contracts to 2023 to carry out this section. (C) AVAILABILITY.—Amounts appropriated (d), (f), and (g) as subsections (d), (g), (j), (k), private organizations to support and develop and (l), respectively; programs in Hong Kong that promote or ex- pursuant to subparagraphs (A) and (B) shall remain available until expended. (5) by inserting before subsection (d), as re- pand— designated by paragraph (4), the following: (f) STRATEGIC PLANNING REPORT.—Not later (i) open, interoperable, reliable and secure ‘‘(a)(1) Not less frequently than once each internet; and than 120 days after the date of the enactment month, the Secretary, through the Legal Ad- (ii) the online exercise of human rights and of this Act, the Secretary of State and the viser of the Department of State, shall pro- fundamental freedoms of individual citizens, working group shall submit a classified re- vide to the appropriate congressional com- activists, human rights defenders, inde- port to the appropriate committees of Con- mittees the following: pendent journalists, civil society organiza- gress that— ‘‘(A)(i) A list of all international agree- tions, and marginalized populations in Hong (1) describes the Federal Government’s ments and qualifying non-binding instru- Kong. plan to bolster and increase the availability ments approved for negotiation by the Sec- (B) GOALS.—The goals of the programs de- of Great Firewall circumvention and inter- retary or another Department of State offi- veloped with grants authorized under sub- net freedom technology in Hong Kong during cer at the Assistant Secretary level or high- paragraph (A) should be— fiscal year 2022; er during the prior month. (i) to make the internet available in Hong (2) outlines a plan for— ‘‘(ii) A description of the intended subject Kong; (A) supporting the preservation of an open, matter and parties to or participants for (ii) to increase the number of the tools in interoperable, reliable, and secure internet each international agreement and qualifying the technology portfolio; in Hong Kong; non-binding instrument listed pursuant to (iii) to promote the availability of such (B) increasing the supply of the technology clause (i). technologies and tools in Hong Kong; referred to in paragraph (1); ‘‘(B)(i) A list of all international agree- (iv) to encourage the adoption of such (C) accelerating the dissemination of such ments and qualifying non-binding instru- technologies and tools by the people of Hong technology; ments signed, concluded, or otherwise final- Kong; (D) promoting the availability of internet ized with a foreign party or participant dur- (v) to scale up the distribution of such freedom in Hong Kong; ing the prior month. technologies and tools throughout Hong (E) utilizing presently-available tools in ‘‘(ii) The text of all international agree- Kong; the existing relevant portfolios for further ments and qualifying non-binding instru- (vi) to prioritize the development of tools, use in the unique context of Hong Kong; ments described in clause (i). components, code, and technologies that are (F) expanding the portfolio of tools in ‘‘(iii) A description of the primary legal fully open-source, to the extent practicable; order to diversify and strengthen the effec- authority that, in the view of the Secretary, (vii) to conduct research on repressive tac- tiveness and resiliency of the circumvention provides authorization for all international tics that undermine internet freedom in efforts; agreements and qualifying non-binding in- Hong Kong; (G) providing training for high-risk groups struments provided under clause (ii) to be- (viii) to ensure digital safety guidance and and individuals in Hong Kong; and come operative. If multiple authorities are support is available to repressed individual (H) detecting analyzing, and responding to relied upon, the Secretary shall cite all such citizens, human rights defenders, inde- new and evolving censorship threats; authorities and identify a primary author- pendent journalists, civil society organiza- (3) includes a detailed description of the ity. All citations to a treaty or statute shall tions and marginalized populations in Hong technical and fiscal steps necessary to safely include the specific article or section and Kong; and implement the plans referred to in para- subsection reference whenever available and, (ix) to engage American private industry, graphs (1) and (2), including an analysis of if not available, shall be as specific as pos- including e-commerce firms and social net- the market conditions in Hong Kong; sible. If the primary authority relied upon is working companies, on the importance of (4) describes the Federal Government’s article II of the Constitution of the United preserving internet access in Hong Kong. plans for awarding grants to private organi- States, the Secretary shall explain the basis (C) GRANT RECIPIENTS.—Grants authorized zations for the purposes described in sub- for that reliance. under this paragraph shall be distributed to section (e)(1)(A); ‘‘(C)(i) A list of all international agree- multiple vendors and suppliers through an (5) outlines the working group’s consulta- ments that entered into force and qualifying open, fair, competitive, and evidence-based tions regarding the implementation of this non-binding instruments that became opera- decision process— section to ensure that all Federal efforts are tive for the United States during the prior (i) to diversify the technical base; and aligned and well coordinated; and month.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2690 CONGRESSIONAL RECORD — SENATE May 18, 2021 ‘‘(ii) The text of all international agree- ‘‘(B) shall apply to any information, in- (7) in subsection (g), as redesignated by ments and qualifying non-binding instru- cluding the text of an international agree- paragraph (4), by striking ‘‘of State’’; ments described in clause (i). ment or qualifying non-binding instrument, (8) by inserting after subsection (g), as so ‘‘(iii) A statement describing any new or that is unclassified, except that the informa- redesignated, the following: amended statutory or regulatory authority tion required by subparagraphs (B)(iii) and ‘‘(h)(1) Notwithstanding any other provi- anticipated to be required to fully imple- clauses (iii) and (iv) of subsection (a)(1)(C) sion of law, no amounts appropriated to the ment each proposed international agreement shall not be subject to the requirement Department of State under any law shall be and qualifying non-binding instrument in- under paragraph (1) if the international available for obligation or expenditure to cluded in the list described in clause (i). agreement or qualifying non-binding instru- ‘‘(iv) A statement of whether there were conclude or implement or to support the con- ment to which it relates is classified. clusion or implementation of (including any opportunities for public comment on the ‘‘(3)(A) Not less frequently than once every international agreement or qualifying non- through the use of personnel or resources 3 months, for all non-binding instruments subject to the authority of a chief of mis- binding instrument prior to the conclusion that become operative and in which Depart- of such agreement or instrument. sion) a particular international agreement, ment of State personnel or resources, includ- other than to facilitate compliance with this ‘‘(2) The Secretary may provide any of the ing personnel or resources subject to chief of information or texts of international agree- section, until the Secretary satisfies the submission authority, were involved in the ne- stantive requirements in subsection (a) with ments and qualifying non-binding instru- gotiation of such instruments, the Secretary ments required under paragraph (1) in classi- respect to that particular international shall— fied form if providing such information in agreement. ‘‘(i) make the text of all such unclassified unclassified form could reasonably be ex- non-binding instruments available to the ‘‘(2) Paragraph (1) shall take effect on Oc- pected to cause damage to the foreign rela- public on the website of the Department of tober 1, 2022. tions or foreign activities of the United State; and ‘‘(i)(1) Not later than 3 years after the date States. of the enactment of this Act, and not less ‘‘(3) In the case of a general authorization ‘‘(ii) transmit the text of all such classified non-binding instruments to the appropriate frequently than once every 2 years there- issued for the negotiation or conclusion of a after, the Comptroller General of the United series of agreements of the same general congressional committees. ‘‘(B) The requirements under subparagraph States shall conduct an audit of the compli- type, the requirements of this subsection (A) shall not apply to a non-binding instru- ance of the Secretary with the requirements may be satisfied by the provision of— ment if the Secretary determines that such of this section. ‘‘(A) a single notification containing all instrument is a minor undertaking. The Sec- the information required by this subsection; ‘‘(2) In any instance in which a failure by retary shall submit any such determination and the Secretary to comply with such require- to the appropriate congressional committees ‘‘(B) a list, to the extent described in such ments is determined by the Comptroller Gen- not later than 30 calendar days after the date general authorization, of the countries with eral to have been due to the failure or refusal on which such instrument is signed or ap- which such agreements are contemplated. of another agency to provide information or ‘‘(4)(A) The President may, on a case-by- proved and provide in such submission the material to the Department of State, or the case basis, waive the requirements of this name of the instrument and a description of failure to do so in a timely manner, the subsection with respect to a specific inter- the instrument’s scope, substance, and par- Comptroller General shall engage such other national agreement or qualifying non-bind- ticipants. The Secretary may provide such agency to determine— ing instrument if the President certifies to determination in classified form if providing ‘‘(A) the cause and scope of such failure or the appropriate congressional committees such information in unclassified form could refusal; that— reasonably be expected to cause damage to ‘‘(B) the specific office or offices respon- ‘‘(i) exercising the waiver authority is vital the foreign relations or foreign activities of sible for such failure or refusal; and to the negotiation of a particular inter- the United States. ‘‘(C) penalties or other recommendations national agreement or qualifying non-bind- ‘‘(C) The requirements under subparagraph for measures to ensure compliance with stating instrument that is itself vital to the na- (A) shall not apply to any non-binding in- utory requirements. tional security interests of the United struments that become operative pursuant ‘‘(3) The Comptroller General shall submit States; and to the authorities provided in title 10 or the to the appropriate congressional committees ‘‘(ii) not later than 60 calendar days after authorities provided to the agencies de- the results of each audit required by para- the date on which the President exercises scribed in section 3(4) of the National Secu- graph (1). the waiver authority, the President or the rity Act of 1947 (50 U.S.C. 3003(4)). ‘‘(c) For any international agreement or ‘‘(4) The Comptroller General and the Sec- President’s designee will brief the Majority qualifying non-binding arrangement, not retary shall make the results of each audit Leader and the Minority Leader of the Sen- later than 30 calendar days after the date on required by paragraph (1) publicly available ate, the Speaker and the Minority Leader of which the Secretary receives a written com- on the websites of the Government Account- the House of Representatives, and the Chairs munication from the Chair or Ranking Mem- ability Office and the Department of State, and Ranking Members of the appropriate ber of either of the appropriate congressional respectively.’’; congressional committees on the scope and committees requesting copies of any imple- (9) in subsection (j), as redesignated by status of the negotiation that is the subject menting agreements or arrangements, paragraph (4)— of the waiver. whether binding or non-binding, the Sec- (A) in paragraph (1)— ‘‘(B) Not later than 60 calendar days after (i) by striking ‘‘The Secretary of State the date on which the President exercises retary shall submit such implementing agreements or arrangements to the appro- shall annually submit to Congress’’ and in- the waiver authority under subparagraph serting ‘‘Not later than February 1 of each (A), the President or the President’s designee priate congressional committees.’’; (6) by striking subsection (e) and inserting year, the Secretary shall submit to the ap- shall brief the Majority Leader and the Mi- propriate congressional committees’’; and nority Leader of the Senate, the Speaker and the following: ‘‘(e)(1) Each department or agency of the (ii) by striking ‘‘an index of’’ and all that the Minority Leader of the House of Rep- follows through the period at the end and in- resentatives, and the Chairs and Ranking United States Government that enters into any international agreement or qualifying serting the following: ‘‘a list of— Members of the appropriate congressional ‘‘(A) all international agreements and committees on the scope and status of the non-binding instrument on behalf of itself or qualifying non-binding instruments that negotiation that is the subject of the waiver. the United States shall designate a Chief were signed or otherwise concluded, entered ‘‘(C) The certification required by subpara- International Agreements Officer, who graph (A) may be provided in classified form. shall— into force or otherwise became operative, or ‘‘(D) The President shall not delegate the ‘‘(A) be selected from among employees of that were modified or otherwise amended waiver authority or certification require- such department or agency; during the preceding calendar year; and ments under subparagraph (A). ‘‘(B) serve concurrently as the Chief Inter- ‘‘(B) for each agreement and instrument ‘‘(b)(1) Not less frequently than once each national Agreements Officer; and included in the list under subparagraph (A)— month, the Secretary shall make the text of ‘‘(C) subject to the authority of the head of ‘‘(i) the dates of any action described in all international agreements that entered such department or agency, have such subparagraph; into force and qualifying non-binding instru- department- or agency-wide responsibility ‘‘(ii) the title of the agreement or instruments that became operative during the for efficient and appropriate compliance ment; and prior month, and the information required with this section. ‘‘(iii) a summary of the agreement or in- by subparagraphs (B)(iii) and clauses (iii) ‘‘(2) The Chief International Agreements strument (including a description of the du- and (iv) of subsection (a)(1)(C), available to Officer of the Department of State shall ration of activities under the agreement or the public on the website of the Department serve in the Office of the Legal Adviser with instrument and a description of the agree- of State. the title of International Agreements Com- ment or instrument).’’; ‘‘(2) The requirement under paragraph (1)— pliance Officer. (B) in paragraph (2), by striking ‘‘may be ‘‘(A) shall not apply to any information, ‘‘(f) Texts of oral international agreements submitted in classified form’’ and inserting including the text of an international agree- and qualifying non-binding instruments shall ‘‘shall be submitted in unclassified form, but ment or qualifying non-binding instrument, be reduced to writing and subject to the re- may include a classified annex’’; and that is classified; and quirements of subsection (a).’’; (C) by adding at the end the following:

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2691 ‘‘(3)(A) The Secretary should make the re- ‘‘112b. United States international agree- (iii) athletes, employees, or contractors of port, except for any classified annex, avail- ments; transparency provi- the Olympic and Paralympic Committee or able to the public on the website of the De- sions.’’. such national governing bodies; or partment of State. (c) CONFORMING AMENDMENT.—Section (B) to provide consular services or security ‘‘(B) Not later than February 1 of each 317(h)(2) of the Homeland Security Act of to, or otherwise protect the health, safety, year, the Secretary shall make available to 2002 (6 U.S.C. 195c(h)(2)) is amended by strik- and welfare of, United States persons, em- the public on the website of the Department ing ‘‘Section 112b(c)’’ and inserting ‘‘Section ployees, contractors, and their families. of State each part of the report involving an 112b(g)’’. (3) WAIVER.—The Secretary of State may international agreement or qualifying non- (d) AUTHORIZATION OF APPROPRIATIONS.— waive the applicability of paragraph (1) in a binding instrument that entered into force There is authorized to be appropriated to the circumstance in which the Secretary deter- or became operative during the preceding Department of State $1,000,000 for each of fis- mines a waiver is the national interest. calendar year, except for any classified cal years 2022 through 2026 for purposes of implementing the requirements of section SEC. 3313. REPEAL OF SUNSET APPLICABLE TO annex or information contained therein. AUTHORITY UNDER GLOBAL ‘‘(4) Not less frequently than once every 3 112b of title 1, United States Code, as amend- MAGNITSKY HUMAN RIGHTS AC- months, the Secretary shall brief the appro- ed by this section. COUNTABILITY ACT. priate congressional committees on develop- (e) RULES AND REGULATIONS.—Not later Section 1265 of the Global Magnitsky than six months from the date of the enact- ments with regard to non-binding instru- Human Rights Accountability Act (Subtitle ment of this Act, the President shall, ments that have an important effect on the F of title XII of Public Law 114–328; 22 U.S.C. through the Secretary of State, promulgate foreign relations of the United States.’’; and 2656 note) is repealed. (10) in subsection (l), as redesignated by such rules and regulations as may be nec- paragraph (4)— essary to carry section 112b of title 1, United TITLE IV—INVESTING IN OUR ECONOMIC (A) by striking ‘‘or executive agreement’’ States Code, as amended by this section. STATECRAFT and inserting ‘‘, executive agreement’’; and SEC. 3311. AUTHORIZATION OF APPROPRIATIONS SEC. 3401. FINDINGS AND SENSE OF CONGRESS (B) by inserting ‘‘, or non-binding instru- FOR PROTECTING HUMAN RIGHTS REGARDING THE PRC’S INDUSTRIAL ment’’ after ‘‘agreement’’; and IN THE PEOPLE’S REPUBLIC OF POLICY. CHINA. (11) by adding after subsection (l), as redes- (a) FINDINGS.—Congress makes the fol- (a) IN GENERAL.—Amounts authorized to be ignated by paragraph (4), the following: lowing findings: ‘‘(m) In this section: appropriated or otherwise made available to (1) The People’s Republic of China, at the carry out section 409 of the Asia Reassurance ‘‘(1) The term ‘appropriate congressional direction of the Chinese Communist Party, is Initiative (Public Law 115–409) include pro- committees’ means— advancing an ecosystem of anticompetitive grams that prioritize the protection and ad- ‘‘(A) the Committee on Foreign Relations economic and industrial policies that— vancement of the freedoms of association, of the Senate; and (A) distort global markets; assembly, religion, and expression for ‘‘(B) the Committee on Foreign Affairs of (B) limit innovation; women, human rights activists, and ethnic the House of Representatives. (C) unfairly advantage PRC firms at the and religious minorities in the People’s Re- ‘‘(2) The term ‘international agreement’ in- expense of the United States and other for- public of China. cludes— eign firms; and (b) USE OF FUNDS.—Amounts appropriated (D) unfairly and harmfully prejudice con- ‘‘(A) treaties that require the advice and pursuant to subsection (a) may be used to sumer choice. consent of the Senate, pursuant to article II fund nongovernmental agencies within the (2) Of the extensive and systemic economic of the Constitution of the United States; and Indo-Pacific region that are focused on the and industrial policies pursued by the PRC, ‘‘(B) other international agreements to issues described in subsection (a). the mass subsidization of PRC firms, intel- which the United States is a party and which (c) CONSULTATION REQUIREMENT.—In car- are not subject to the advice and consent of rying out this section, the Assistant Sec- lectual property theft, and forced technology the Senate. retary of Democracy, Human Rights and transfer are among the most damaging to ‘‘(3)(A) The term ‘qualifying non-binding Labor shall consult with the appropriate the global economy. instrument’ means a non-binding instrument congressional committees and representa- (3) Through regulatory interventions and that— tives of civil society regarding— direct financial subsidies, the CCP, for the ‘‘(i) is signed or otherwise becomes opera- (1) strengthening the capacity of the orga- purposes of advancing national political and tive with one or more foreign governments, nizations referred to in subsection (b); economic objectives, directs, coerces, and in- international organizations, or foreign enti- (2) protecting members of the groups re- fluences in anti-competitive ways the com- ties, including non-state actors; and ferred to in subsection (a) who have been tar- mercial activities of firms that are directed, ‘‘(ii) is the subject of a written commu- geted for arrest, harassment, forced steriliza- financed, influenced, or otherwise controlled nication from the Chair or Ranking Member tions, coercive abortions, forced labor, or in- by the state, including state-owned enter- of either of the appropriate congressional timidation, including members residing out- prises, and ostensibly independent and pri- committees to the Secretary. side of the People’s Republic of China; and vate Chinese companies, such as technology ‘‘(B) The term ‘qualifying non-binding in- (3) messaging efforts to reach the broadest firms in strategic sectors. strument’ does not include any non-binding possible audiences within the People’s Re- (4) The PRC Government, at the national instrument that is signed or otherwise be- public of China about United States Govern- and subnational levels, grants special privi- comes operative pursuant to the authorities ment efforts to protect freedom of associa- leges or status to certain PRC firms in key provided in title 10 or the authorities pro- tion, expression, assembly, and the rights of sectors designated as strategic, such as tele- vided to the agencies described in section ethnic minorities. communications, oil, power, aviation, bank- 3(4) of the National Security Act of 1947 (50 SEC. 3312. DIPLOMATIC BOYCOTT OF THE XXIV ing, and semiconductors. Enterprises receive U.S.C. 3003(4)). OLYMPIC WINTER GAMES AND THE special state preferences in the form of fa- ‘‘(4) The term ‘Secretary’ means the Sec- XIII PARALYMPIC WINTER GAMES. vorable loans, tax exemptions, and pref- retary of State. (a) STATEMENT OF POLICY.—It shall be the erential land access from the CCP. ‘‘(5)(A) The term ‘text of the international policy of the United States— (5) The subsidization of PRC companies, as agreement or qualifying non-binding instru- (1) to implement a diplomatic boycott of described in paragraphs (3) and (4)— ment’ includes— the XXIV Olympic Winter Games and the (A) enables these companies to sell goods ‘‘(i) any annex, appendix, codicil, side XIII Paralympic Winter Games in the PRC; below market prices, allowing them to out- agreement, side letter, or any document of and bid and crowd out market-based competitors similar purpose or function to the aforemen- (2) to call for an end to the Chinese Com- and thereby pursue global dominance of key tioned regardless of the title of the docu- munist Party’s ongoing human rights sectors; ment; or abuses, including the Uyghur genocide. (B) distorts the global market economy by ‘‘(ii) any related agreement or non-binding (b) FUNDING PROHIBITION.— undermining longstanding and generally ac- instrument, including implementing agree- (1) IN GENERAL.—Notwithstanding any cepted market-based principles of fair comments and arrangements, whether entered other provision of law, the Secretary of petition, leading to barriers to entry and into contemporaneously and in conjunction State may not obligate or expend any Fed- forced exit from the market for foreign or with the international agreement or quali- eral funds to support or facilitate the attend- private firms, not only in the PRC, but in fying non-binding instrument. ance of the XXIV Olympic Winter Games or markets around the world; ‘‘(B) Under subparagraph (A)(ii), the term the XIII Paralympic Winter Games by any (C) creates government-sponsored or sup- ‘contemporaneously and in conjunction with’ employee of the United States Government. ported de facto monopolies, cartels, and shall be construed liberally and shall not be (2) EXCEPTION.—Paragraph (1) shall not other anti-market arrangements in key sec- interpreted to mean simultaneously or on apply to the obligation or expenditure of tors, limiting or removing opportunities for the same day.’’. Federal funds necessary— other firms; and (b) CLERICAL AMENDMENT.—The table of (A) to support— (D) leads to, as a result of the issues de- sections at the beginning of chapter 2 of title (i) the United States Olympic and scribed in paragraphs (A) through (C), de- 1, United States Code, is amended by strik- Paralympic Committee; clines in profits and revenue needed by for- ing the item relating to section 112b and in- (ii) the national governing bodies of ama- eign and private firms for research and de- serting the following: teur sports; or velopment.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2692 CONGRESSIONAL RECORD — SENATE May 18, 2021 (6) The CCP incentivizes and empowers ing to PRC state-owned enterprises, non- (C) increasing joint investments in over- PRC actors to steal critical technologies and transparent procurement and bidding proc- seas markets; and trade secrets from private and foreign com- esses, closed digital standards, and other fac- (5) the United States should develop poli- petitors operating in the PRC and around tors severely limit European and other par- cies that— the world, particularly in areas that the CCP ticipation in BRI and make ‘‘competition (A) insulate United States entities from has identified as critical to advancing PRC [with PRC companies] in third-country mar- PRC pressure against complying with United objectives. The PRC, as directed by the CCP, kets extremely challenging’’. This under- States laws; also continues to implement anti-competi- scores a key objective of BRI, which is to en- (B) counter the potential impact of the tive regulations, policies, and practices that sure the reliance of infrastructure, digital blocking regime of the PRC described in sub- coerce the handover of technology and other technologies, and other important goods on section (a)(12), including by working with al- propriety or sensitive data from foreign en- PRC supply chains and technical standards. lies and partners of the United States and terprises to domestic firms in exchange for (12) On January 9, 2021, the Ministry of multilateral institutions; and access to the PRC market. Commerce of the PRC issued Order No. 1 of (C) plan for future actions that the Govern- (7) Companies in the United States and in 2021, entitled ‘‘Rules on Counteracting Un- ment of the PRC may take to undermine the foreign countries compete with state-sub- justified Extraterritorial Application of For- lawful application of United States legal au- sidized PRC companies that enjoy the pro- eign Legislation and other Measures’’, which thorities, including with respect to the use tection and power of the state in third-coun- establishes a blocking regime in response to of sanctions. try markets around the world. The advan- foreign sanctions on Chinese individuals and SEC. 3402. INTELLECTUAL PROPERTY VIOLATORS tages granted to PRC firms, combined with entities. That order allows the Government LIST. significant restrictions to accessing the PRC of the PRC to designate specific foreign laws (a) IN GENERAL.—Not later than one year market itself, severely hamper the ability of as ‘‘unjustified extraterritorial application after the date of the enactment of this Act, United States and foreign firms to compete, of foreign legislation’’ and to prohibit com- and not less frequently than annually there- innovate, and pursue the provision of best pliance with such foreign laws. after for 5 years, the Secretary of State, in value to customers. The result is an unbal- (b) SENSE OF CONGRESS.—It is the sense of coordination with the Secretary of Com- anced playing field. Such an unsustainable Congress that— merce, the Attorney General, the United course, if not checked, will over time lead to (1) the challenges presented by a non- States Trade Representative, and the Direc- depressed competition around the world, re- market economy like the PRC’s economy, tor of National Intelligence, shall create a duced opportunity, and harm to both pro- which has captured such a large share of list (referred to in this section as the ‘‘intel- ducers and consumers. global economic exchange, are in many ways lectual property violators list’’) that identi- (8) As stated in the United States Trade unprecedented and require sufficiently ele- fies— Representative’s investigation of the PRC’s vated and sustained long-term focus and en- (1) all centrally administered state-owned trade practices under section 301 of the gagement; enterprises incorporated in the People’s Re- Trade Act of 1974 (19 U.S.C. 2411), conducted (2) in order to truly address the most detri- public of China that have benefitted from— in March 2018, ‘‘When U.S. companies are de- mental aspects of CCP-directed mercantilist (A) a significant act or series of acts of in- prived of fair returns on their investment in economic strategy, the United States must tellectual property theft that subjected a IP, they are unable to achieve the growth adopt policies that— United States economic sector or particular necessary to reinvest in innovation. In this (A) expose the full scope and scale of intel- company incorporated in the United States sense, China’s technology transfer regime di- lectual property theft and mass subsidiza- to harm; or rectly burdens the innovation ecosystem tion of Chinese firms, and the resulting harm (B) an act or government policy of involun- that is an engine of economic growth in the to the United States, foreign markets, and tary or coerced technology transfer of intel- United States and similarly-situated econo- the global economy; lectual property ultimately owned by a com- mies.’’. (B) ensure that PRC companies face costs pany incorporated in the United States; and (9) In addition to forced technology trans- and consequences for anticompetitive behav- (2) any corporate officer of, or principal fers described in this subsection, the United ior; shareholder with controlling interests in, an States Trade Representative’s investigation (C) provide options for affected United entity described in paragraph (1). of the PRC under section 301 of the Trade States persons to address and respond to un- (b) RULES FOR IDENTIFICATION.—To deter- Act of 1974 (19 U.S.C. 2411) also identified re- reasonable and discriminatory CCP-directed mine whether there is a credible basis for de- quirements that foreign firms license prod- industrial policies; and termining that a company should be in- ucts at less than market value, government- (D) strengthen the protection of critical cluded on the intellectual property violators directed and government-subsidized acquisi- technology and sensitive data, while still list, the Secretary of State, in coordination tion of sensitive technology for strategic fostering an environment that provides in- with the Secretary of Commerce, the United purposes, and cyber theft as other key PRC centives for innovation and competition; States Trade Representative, and the Direc- technology and industrial policies that are (3) the United States must work with its tor of National Intelligence, shall consider— unreasonable and discriminatory. These poli- allies and partners through the Organization (1) any finding by a United States court cies place at risk United States intellectual for Economic Cooperation and Development that the company has violated relevant property rights, innovation and techno- (OECD), the World Trade Organization, and United States laws intended to protect intel- logical development, and jobs in dozens of in- other venues and fora— lectual property rights; or dustries. (A) to reinforce long-standing generally ac- (2) substantial and credible information re- (10) Other elements of the PRC’s ecosystem cepted principles of fair competition and ceived from any entity described in sub- of industrial policies that harm innovation market behavior and address the PRC’s anti- section (c) or other interested persons. and distort global markets include— competitive economic and industrial policies (c) CONSULTATION.—In carrying out this (A) advancement of policies that encourage that undermine decades of global growth and section, the Secretary of State, in coordina- local production over imports; innovation; tion with the Secretary of Commerce, the (B) continuation of policies that favor (B) to ensure that the PRC is not granted United States Trade Representative, and the unique technical standards in use by PRC the same treatment as that of a free-market Director of National Intelligence, may con- firms rather than globally accepted stand- economy until it ceases the implementation sult, as necessary and appropriate, with— ards, which often force foreign firms to alter of laws, regulations, policies, and practices (1) other Federal agencies, including inde- their products and manufacturing chains to that provide unfair advantage to PRC firms pendent agencies; compete; in furtherance of national objectives and im- (2) the private sector; (C) requirements that foreign companies pose unreasonable, discriminatory, and ille- (3) civil society organizations with rel- disclose proprietary information to qualify gal burdens on market-based international evant expertise; and for the adoption of their standards for use in commerce; and (4) the Governments of Australia, Canada, the PRC domestic market; and (C) to align policies with respect to curbing the European Union, Japan, New Zealand, (D) maintenance of closed procurement state-directed subsidization of the private South Korea, and the United Kingdom. processes, which limit participation by for- sector, such as advocating for global rules (d) REPORT.— eign firms, including by setting terms that related to transparency and adherence to no- (1) IN GENERAL.—The Secretary of State require such firms to use domestic suppliers, tification requirements, including through shall publish, in the Federal Register, an an- transfer know-how to firms in the PRC, and the efforts currently being advanced by the nual report that— disclose proprietary information. United States, Japan, and the European (A) lists the companies engaged in the ac- (11) The Belt and Road Initiative (BRI) and Union; tivities described in subsection (a)(1); and associated industry-specific efforts under (4) the United States and its allies and (B) describes the circumstances sur- this initiative, such as the Digital Silk Road, partners must collaborate to provide incen- rounding actions described in subsection are key vectors to advance the PRC’s mer- tives to their respective companies to co- (a)(2), including any role of the PRC govern- cantilist policies and practices globally. The operate in areas such as— ment; resulting challenges do not only affect (A) advocating for protection of intellec- (C) assesses, to the extent practicable, the United States firms. As the European Cham- tual property rights in markets around the economic advantage derived by the compa- ber of Commerce reported in a January 2020 world; nies engaged in the activities described in report, the combination of concessional lend- (B) fostering open technical standards; and subsection (a)(1); and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2693 (D) assesses whether each company en- ferred to in section 101(d)(12) of the Uruguay (G20), Paris Club members, and the Institute gaged in the activities described in sub- Round Agreements Act (19 U.S.C. 3511(d)(12)). of International Finance; section (a)(1) is using or has used the stolen (c) CONSULTATION.—The Secretary of State, (2) mechanisms that have been utilized and intellectual property in commercial activity in coordination with the Secretary of Com- mechanisms that are under consideration to in Australia, Canada, the European Union, merce and the United States Trade Rep- provide the debt relief described in para- Japan, New Zealand, South Korea, the resentative, may, as necessary and appro- graph (1); United Kingdom, or the United States. priate, consult with— (3) any United States policy concerns re- (2) FORM.—The report published under (1) other Federal agencies, including inde- garding debt relief to specific countries; paragraph (1) shall be unclassified, but may pendent agencies; (4) the balance and status of repayments include a classified annex. (2) the private sector; and on all loans from the People’s Republic of (e) DECLASSIFICATION AND RELEASE.—The (3) civil society organizations with rel- China to countries eligible for assistance Director of National Intelligence may au- evant expertise. from the International Development Asso- thorize the declassification of information, SEC. 3404. COUNTERING FOREIGN CORRUPT ciation, including— as appropriate, to inform the contents of the PRACTICES. (A) loans provided as part of the Belt and report published pursuant to subsection (d). (a) IN GENERAL.—The Secretary of State, Road Initiative of the People’s Republic of (f) REQUIREMENT TO PROTECT BUSINESS-CON- in coordination with the Attorney General, China; FIDENTIAL INFORMATION.— shall offer to provide technical assistance to (B) loans made by the Export-Import Bank (1) IN GENERAL.—The Secretary of State establish legislative and regulatory frame- of China; and the heads of all other Federal agencies works to combat the bribery of foreign pub- (C) loans made by the China Development involved in the production of the intellectual lic officials consistent with the principles of Bank; and property violators list shall protect from dis- the OECD Convention on Combating Bribery (D) loans made by the Asian Infrastructure closure any proprietary information sub- of Foreign Public Officials in International Investment Bank; and mitted by a private sector participant and Business Transactions to the governments of (5) the transparency measures established marked as business-confidential informa- countries— or proposed to ensure that funds saved tion, unless the party submitting the con- (1) that are partners of the United States; through the debt relief described in para- fidential business information— (2) that have demonstrated a will to com- graph (1) will be used for activities— (A) had notice, at the time of submission, bat foreign corrupt practices responsibly; (A) that respond to the health, economic, that such information would be released by and and social consequences of the COVID–19 the Secretary; or (3) for which technical assistance will have pandemic; and (B) subsequently consents to the release of the greatest opportunity to achieve measur- (B) that are consistent with the interests such information. able results. and values of the United States. (2) NONCONFIDENTIAL VERSION OF REPORT.— (b) STRATEGY REQUIREMENT.—Not later (d) COMMITTEES SPECIFIED.—The commit- If confidential business information is pro- than 90 days after the date of enactment of tees specified in this subsection are— vided by a private sector participant, a non- this Act, the Secretary of State shall submit (1) the Committee on Foreign Relations, confidential version of the report under sub- a strategy for carrying out the activities de- the Committee on Appropriations, and the section (d) shall be published in the Federal scribed in subsections (a) to the appropriate Committee on Banking, Housing, and Urban Register that summarizes or deletes, if nec- congressional committees. Affairs of the Senate; and essary, the confidential business informa- (c) COORDINATION.—In formulating the (2) the Committee on Foreign Affairs, the tion. strategy described in subsection (b), the Sec- Committee on Appropriations, and the Com- (3) TREATMENT AS TRADE SECRETS.—Propri- retary of State shall coordinate with the At- mittee on Financial Services of the House of etary information submitted by a private torney General. Representatives. (d) SEMIANNUAL BRIEFING REQUIREMENT.— party under this section— SEC. 3406. REPORT ON MANNER AND EXTENT TO (A) shall be considered to be trade secrets Not later than 180 days after the date of en- WHICH THE GOVERNMENT OF THE and commercial or financial information (as actment of this Act, and every 180 days PEOPLE’S REPUBLIC OF CHINA EX- defined under section 552(b)(4) of title 5, thereafter for five years, the Secretary of PLOITS HONG KONG TO CIR- United States Code); and State shall provide a briefing regarding the CUMVENT UNITED STATES LAWS AND PROTECTIONS. (B) shall be exempt from disclosure with- activities described in subsection (a) and the out the express approval of the private strategy submitted under subsection (b) to Title III of the United States-Hong Kong party. the appropriate congressional committees. Policy Act of 1992 (22 U.S.C. 5731 et seq.) is SEC. 3405. DEBT RELIEF FOR COUNTRIES ELIGI- amended by adding at the end the following: SEC. 3403. GOVERNMENT OF THE PEOPLE’S RE- BLE FOR ASSISTANCE FROM THE PUBLIC OF CHINA SUBSIDIES LIST. ‘‘SEC. 303. REPORT ON MANNER AND EXTENT TO INTERNATIONAL DEVELOPMENT AS- WHICH THE GOVERNMENT OF THE (a) REPORT.—Not later than one year after SOCIATION. PEOPLE’S REPUBLIC OF CHINA EX- the date of the enactment of this Act, and (a) POLICY STATEMENT.—It is the policy of PLOITS HONG KONG TO CIR- annually thereafter for 5 years, the Sec- the United States to coordinate with the CUMVENT UNITED STATES LAWS retary of State, in coordination with the international community to provide debt re- AND PROTECTIONS. United States Trade Representative and the lief for debt that is held by countries eligible ‘‘(a) IN GENERAL.—Not later than 180 days Secretary of Commerce, shall publish an un- for assistance from the International Devel- after the date of the enactment of this sec- classified report in the Federal Register that opment Association that request forbearance tion, the Secretary of State shall submit to identifies— to respond to the COVID–19 pandemic. the appropriate congressional committees a (1) subsidies provided by the PRC govern- (b) DEBT RELIEF.—The Secretary of the report on the manner and extent to which ment to enterprises in the PRC; and Treasury, in consultation with the Secretary the Government of the People’s Republic of (2) discriminatory treatment favoring en- of State, shall engage with international fi- China uses the status of Hong Kong to cir- terprises in the PRC over foreign market nancial institutions and other bilateral offi- cumvent the laws and protections of the participants. cial creditors to advance policy discussions United States. (b) SUBSIDIES AND DISCRIMINATORY TREAT- on restructuring, rescheduling, or canceling ‘‘(b) ELEMENTS.—The report required by MENT DESCRIBED.—In compiling the report the sovereign debt of countries eligible for subsection (a) shall include the following: under subsection (a), the Secretary of State assistance from the International Develop- ‘‘(1) In consultation with the Secretary of shall consider— ment Association, as necessary, to respond Commerce, the Secretary of Homeland Secu- (1) regulatory and other policies enacted or to the COVID–19 pandemic. rity, and the Director of National Intel- promoted by the PRC government that— (c) REPORTING REQUIREMENT.—Not later ligence— (A) discriminate in favor of enterprises in than 45 days after the date of the enactment ‘‘(A) an assessment of how the Government the PRC at the expense of foreign market of this Act, and every 90 days thereafter of the People’s Republic of China uses Hong participants; until the end of the COVID–19 pandemic, as Kong to circumvent United States export (B) shield centrally administered, state- determined by the World Health Organiza- controls; and owned enterprises from competition; or tion, or until two years after the date of the ‘‘(B) a list of all significant incidents in (C) otherwise suppress market-based com- enactment of this Act, whichever is earlier, which the Government of the People’s Re- petition; the Secretary of the Treasury, in coordina- public of China used Hong Kong to cir- (2) financial subsidies, including favorable tion with the Secretary of State, shall sub- cumvent such controls during the reporting lending terms, from or promoted by the PRC mit to the committees specified in sub- period. government or centrally administered, state- section (d) a report that describes— ‘‘(2) In consultation with the Secretary of owned enterprises that materially benefit (1) actions that have been taken to ad- the Treasury and the Secretary of Com- PRC enterprises over foreign market partici- vance debt relief for countries eligible for as- merce— pants in contravention of generally accepted sistance from the International Development ‘‘(A) an assessment of how the Government market principles; and Association that request forbearance to re- of the People’s Republic of China uses Hong (3) any subsidy that meets the definition of spond to the COVID–19 pandemic in coordi- Kong to circumvent duties on merchandise subsidy under article 1 of the Agreement on nation with international financial institu- exported to the United States from the Peo- Subsidies and Countervailing Measures re- tions, the Group of 7 (G7), the Group of 20 ple’s Republic of China; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2694 CONGRESSIONAL RECORD — SENATE May 18, 2021 ‘‘(B) a list of all significant incidents in within the United States, including a foreign (G) has contributed to the repression of re- which the Government of the People’s Re- branch of such an entity.’’. ligious and ethnic minorities within the public of China used Hong Kong to cir- SEC. 3407. ANNUAL REVIEW ON THE PRESENCE PRC, including in Xinjiang Uyghur Autono- cumvent such duties during the reporting pe- OF CHINESE COMPANIES IN UNITED mous Region or Tibet Autonomous Region; riod. STATES CAPITAL MARKETS. (H) has contributed to the development of ‘‘(3) In consultation with the Secretary of (a) APPROPRIATE COMMITTEES OF CON- technologies that enable censorship directed the Treasury, the Secretary of Homeland Se- GRESS.—In this section, the term ‘‘appro- or directly supported by the PRC govern- curity, and the Director of National Intel- priate committees of Congress’’ means— ment; ligence— (1) the Committee on Foreign Relations of (I) has failed to comply fully with Federal ‘‘(A) an assessment of how the Government the Senate; securities laws (including required audits by of the People’s Republic of China uses Hong (2) the Select Committee on Intelligence of the Public Company Accounting Oversight Kong to circumvent sanctions imposed by the Senate; Board) and ‘‘material risk’’ disclosure re- the United States or pursuant to multilat- (3) the Committee on Banking, Housing, quirements of the Securities and Exchange eral regimes; and and Urban Affairs of the Senate; Commission; or ‘‘(B) a list of all significant incidents in (4) the Committee on Foreign Affairs of the (J) has contributed to other activities or which the Government of the People’s Re- House of Representatives; behavior determined to be relevant by the public of China used Hong Kong to cir- (5) the Permanent Select Committee on In- President. cumvent such sanctions during the reporting telligence of the House of Representatives; (c) REPORT FORM.—The report required period. and under subsection (b)(1) shall be submitted in ‘‘(4) In consultation with the Secretary of (6) the Committee on Financial Services of unclassified form, but may include a classi- Homeland Security and the Director of Na- the House of Representatives. fied annex. tional Intelligence, an assessment of how the (b) REPORT.— (d) PUBLICATION.—The unclassified portion Government of the People’s Republic of (1) IN GENERAL.—Not later than 180 days of the report under subsection (b)(1) shall be China uses formal or informal means to ex- after the date of the enactment of this Act, made accessible to the public online through tradite or coercively move individuals, in- and annually thereafter for the following 5 relevant United States Government cluding United States persons, from Hong years, the Secretary of State, in consulta- websites. Kong to the People’s Republic of China. tion with the Director of National Intel- SEC. 3408. ECONOMIC DEFENSE RESPONSE ‘‘(5) In consultation with the Secretary of ligence and the Secretary of the Treasury, TEAMS. Defense, the Director of National Intel- shall submit an unclassified report to the ap- (a) PILOT PROGRAM.—Not later than 180 ligence, and the Director of Homeland Secu- propriate committees of Congress that de- days after the date of the enactment of this rity— scribes the risks posed to the United States Act, the President, acting through the Sec- ‘‘(A) an assessment of how the intelligence, by the presence in United States capital retary of State, shall develop and implement security, and law enforcement agencies of markets of companies incorporated in the a pilot program for the creation of the Government of the People’s Republic of PRC. deployable economic defense response teams China, including the Ministry of State Secu- (2) MATTERS TO BE INCLUDED.—The report to help provide emergency technical assist- rity, the Ministry of Public Security, and required under paragraph (1) shall— ance and support to a country subjected to the People’s Armed Police, use the Hong (A) identify companies incorporated in the the threat or use of coercive economic meas- Kong Security Bureau and other security PRC that— ures and to play a liaison role between the agencies in Hong Kong to conduct espionage (i) are listed or traded on one or several legitimate government of that country and on foreign nationals, including United States stock exchanges within the United States, the United States Government. Such assist- persons, conduct influence operations, or including over-the-counter market and ‘‘A ance and support may include the following violate civil liberties guaranteed under the Shares’’ added to indexes and exchange-trad- activities: laws of Hong Kong; and ed funds out of mainland exchanges in the (1) Reducing the partner country’s vulner- ‘‘(B) a list of all significant incidents of PRC; and ability to coercive economic measures. such espionage, influence operations, or vio- (ii) based on the factors for consideration (2) Minimizing the damage that such meas- lations of civil liberties during the reporting described in paragraph (3), have knowingly ures by an adversary could cause to that period. and materially contributed to— country. ‘‘(c) FORM OF REPORT; AVAILABILITY.— (I) activities that undermine United States (3) Implementing any bilateral or multilat- ‘‘(1) FORM.—The report required by subnational security; eral contingency plans that may exist for re- section (a) shall be submitted in unclassified (II) serious abuses of internationally recog- sponding to the threat or use of such meas- form, but may include a classified index. nized human rights; or ures. ‘‘(2) AVAILABILITY.—The unclassified por- (III) a substantially increased financial (4) In coordination with the partner coun- tion of the report required by subsection (a) risk exposure for United States-based inves- try, developing or improving plans and strat- shall be posted on a publicly available inter- tors; egies by the country for reducing net website of the Department of State. (B) describe the activities of the companies vulnerabilities and improving responses to ‘‘(d) DEFINITIONS.—In this section: identified pursuant to subparagraph (A), and such measures in the future. ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- their implications for the United States; and (5) Assisting the partner country in dealing TEES.—The term ‘appropriate congressional (C) develop policy recommendations for with foreign sovereign investment in infra- committees’ means— the United States Government, State gov- structure or related projects that may un- ‘‘(A) the Committee on Foreign Relations, ernments, United States financial institu- dermine the partner country’s sovereignty. the Committee on Banking, Housing, and tions, United States equity and debt ex- (6) Assisting the partner country in re- Urban Affairs, the Committee on Finance, changes, and other relevant stakeholders to sponding to specific efforts from an adver- and the Select Committee on Intelligence of address the risks posed by the presence in sary attempting to employ economic coer- the Senate; and United States capital markets of the compa- cion that undermines the partner country’s ‘‘(B) the Committee on Foreign Affairs, the nies identified pursuant to subparagraph (A). sovereignty, including efforts in the cyber Committee on Financial Services, the Per- (3) FACTORS FOR CONSIDERATION.—In com- domain, such as efforts that undermine cy- manent Select Committee on Intelligence, pleting the report under paragraph (1), the bersecurity or digital security of the partner and the Committee on Ways and Means of President shall consider whether a company country or initiatives that introduce digital the House of Representatives. identified pursuant to paragraph (2)(A)— technologies in a manner that undermines ‘‘(2) FOREIGN NATIONAL.—The term ‘foreign (A) has materially contributed to the de- freedom, security, and sovereignty of the national’ means a person that is neither— velopment or manufacture, or sold or facili- partner country. ‘‘(A) an individual who is a citizen or na- tated procurement by the PLA, of lethal (7) Otherwise providing direct and relevant tional of the People’s Republic of China; or military equipment or component parts of short-to-medium term economic or other as- ‘‘(B) an entity organized under the laws of such equipment; sistance from the United States and mar- the People’s Republic of China or of a juris- (B) has contributed to the construction shalling other resources in support of effec- diction within the People’s Republic of and militarization of features in the South tive responses to such measures. China. China Sea; (b) INSTITUTIONAL SUPPORT.—The pilot pro- ‘‘(3) REPORTING PERIOD.—The term ‘report- (C) has been sanctioned by the United gram required by subsection (a) should in- ing period’ means the 5-year period preceding States or has been determined to have conclude the following elements: submission of the report required by sub- ducted business with sanctioned entities; (1) Identification and designation of rel- section (a). (D) has engaged in an act or a series of acts evant personnel within the United States ‘‘(4) UNITED STATES PERSON.—The term of intellectual property theft; Government with expertise relevant to the ‘United States person’ means— (E) has engaged in corporate or economic objectives specified in subsection (a), includ- ‘‘(A) a United States citizen or an alien espionage; ing personnel in— lawfully admitted for permanent residence (F) has contributed to the proliferation of (A) the Department of State, for over- to the United States; or nuclear or missile technology in violation of seeing the economic defense response team’s ‘‘(B) an entity organized under the laws of United Nations Security Council resolutions activities, engaging with the partner coun- the United States or of any jurisdiction or United States sanctions; try government and other stakeholders, and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2695 other purposes relevant to advancing the (1), the Secretary of State shall provide the (D) avoiding destabilizing nuclear arms success of the mission of the economic de- appropriate committees of Congress with a competition. fense response team; detailed report and briefing describing the (3) In May 2019, Director of the Defense In- (B) the United States Agency for Inter- operations over the previous year of the pilot telligence Agency Lieutenant General Rob- national Development, for the purposes of program established pursuant to subsection ert Ashley stated, ‘‘China is likely to at providing technical, humanitarian, and other (a), as well as the Secretary’s assessment of least double the size of its nuclear stockpile assistance, generally; its performance and suitability for becoming in the course of implementing the most rapid (C) the Department of the Treasury, for a permanent program. expansion and diversification of its nuclear the purposes of providing advisory support (3) FORM.—Each report required under this arsenal in China’s history.’’. The PLA is and assistance on all financial matters and subsection shall be submitted in unclassified building a full triad of modernized fixed and fiscal implications of the crisis at hand; form, but may include a classified annex. mobile ground-based launchers and new ca- (D) the Department of Commerce, for the (d) DECLARATION OF AN ECONOMIC CRISIS pabilities for nuclear-armed bombers and purposes of providing economic analysis and REQUIRED.— submarine-launched ballistic missiles. assistance in market development relevant (1) NOTIFICATION.—The President may acti- (4) In June 2020, the Department of State to the partner country’s response to the cri- vate an economic defense response team for raised concerns in its annual ‘‘Adherence to sis at hand, technology security as appro- a period of 180 days under the authorities of and Compliance with Arms Control, Non- priate, and other matters that may be rel- this section to assist a partner country in re- proliferation, and Disarmament Agreements evant; sponding to an unusual and extraordinary and Commitments’’ report to Congress that (E) the Department of Energy, for the pur- economic coercive threat by an adversary of the PRC is not complying with the ‘‘zero- poses of providing advisory services and the United States upon the declaration of a yield’’ nuclear testing ban and accused the technical assistance with respect to energy coercive economic emergency, together with PRC of ‘‘blocking the flow of data from the needs as affected by the crisis at hand; notification to the Committee on Foreign monitoring stations’’ in China. (F) the Department of Homeland Security, Relations of the Senate and the Committee (5) The Department of Defense 2020 Report for the purposes of providing assistance with on Foreign Affairs of the House of Represent- on Military and Security Developments In- respect to digital and cybersecurity matters, atives. volving the People’s Republic of China states and assisting in the development of any con- (2) EXTENSION AUTHORITY.—The President that the PRC ‘‘intends to increase peacetime tingency plans referred to in paragraphs (3) may activate the response team for an addi- and (6) of subsection (a) as appropriate; readiness of its nuclear forces by moving to tional 180 days upon the submission of a de- a launch on warning posture with an ex- (G) the Department of Agriculture, for pro- tailed analysis to the committees described viding advisory and other assistance with re- panded silo-based force’’. in paragraph (1) justifying why the contin- (6) The Department of Defense report also spect to responding to coercive measures ued deployment of the economic defense re- such as arbitrary market closures that affect states that, over the next decade, the PRC’s sponse team in response to the economic nuclear stockpile—currently estimated in the partner country’s agricultural sector; emergency is in the national security inter- (H) the Office of the United States Trade the low 200s—is projected to least double in est of the United States. size as the PRC expands and modernizes its Representative with respect to providing (e) SUNSET.—The authorities provided support and guidance on trade and invest- nuclear force. under this section shall expire on December (7) The PRC is conducting research on its ment matters; and 31, 2026. (I) other Federal departments and agencies first potential early warning radar, with (f) RULE OF CONSTRUCTION.—Neither the au- technical cooperation from Russia. This as determined by the President. thority to declare an economic crisis pro- (2) Negotiation of memoranda of under- radar could indicate that the PRC is moving vided for in subsection (d), nor the declara- to a launch-on warning posture. standing, where appropriate, with other tion of an economic crisis pursuant to sub- United States Government components for (8) The PRC plans to use its increasingly section (d), shall confer or be construed to capable space, cyber, and electronic warfare the provision of any relevant participating confer any authority, power, duty, or respon- or detailed non-Department of State per- capabilities against United States early sibility to the President other than the au- warning systems and critical infrastructure sonnel identified under paragraph (1). thority to activate an economic defense re- (3) Negotiation of contracts, as appro- in a crisis scenario. This poses great risk to sponse team as described in this section. priate, with private sector representatives or strategic security, as it could lead to inad- (g) APPROPRIATE COMMITTEES OF CONGRESS other individuals with relevant expertise to vertent escalation. DEFINED.—In this section, the term ‘‘appro- advance the objectives specified in sub- (9) The PRC’s nuclear expansion comes as priate committees of Congress’’ means— section (a). a part of a massive modernization of the (1) the Committee on Foreign Relations, (4) Development within the United States PLA which, combined with the PLA’s ag- the Committee on Banking, Housing, and Government of— gressive actions, has increasingly desta- Urban Affairs, the Committee on Commerce, (A) appropriate training curricula for rel- bilized the Indo-Pacific region. Science, and Transportation, the Committee evant experts identified under paragraph (1) (10) The PLA Rocket Force (PLARF), on Energy and Natural Resources, the Com- and for United States diplomatic personnel which was elevated in 2015 to become a sepa- mittee on Agriculture, Nutrition, and For- in a country actually or potentially threat- rate branch within the PLA, has formed 11 estry, and the Committee on Finance of the ened by coercive economic measures; new missile brigades since May 2017, some of Senate; and (B) operational procedures and appropriate which are capable of both conventional and (2) the Committee on Foreign Affairs, the protocols for the rapid assembly of such ex- nuclear strikes. Unlike the United States, Committee on Financial Services, the Com- perts into one or more teams for deployment which separates its conventional strike and mittee on Energy and Commerce, the Com- to a country actually or potentially threat- nuclear capabilities, the PLARF appears to mittee on Agriculture, and the Committee ened by coercive economic measures; and not only co-locate conventional and nuclear on Ways and Means of the House of Rep- (C) procedures for ensuring appropriate forces, including dual-use missiles like the resentatives. support for such teams when serving in a DF–26, but to task the same unit with both country actually or potentially threatened TITLE V—ENSURING STRATEGIC nuclear and conventional missions. Such by coercive economic measures, including, as SECURITY intermingling could lead to inadvertent es- applicable, logistical assistance, office space, SEC. 3501. FINDINGS ON STRATEGIC SECURITY calation in a crisis. The United States De- information support, and communications. AND ARMS CONTROL. fense Intelligence Agency determined in (5) Negotiation with relevant potential Congress makes the following findings: March 2020 that the PLA tested more bal- host countries of procedures and methods for (1) The United States and the PRC have listic missiles than the rest of the world ensuring the rapid and effective deployment both made commitments to advancing stra- combined in 2019. of such teams, and the establishment of ap- tegic security through enforceable arms con- (11) A January 2021 report from the Insti- propriate liaison relationships with local trol and non-proliferation agreements as tute for Defense Analysis found that many public and private sector officials and enti- states parties to the Treaty on the Non-Pro- United States and international observers ties. liferation of Nuclear Weapons, done at Wash- viewed China’s no first-use policy with skep- (c) REPORTS REQUIRED .— ington, London, and Moscow July 1, 1968. ticism, especially in the wake of the expan- (1) REPORT ON ESTABLISHMENT.—Upon es- (2) The United States has long taken tan- sion and modernization of its nuclear capa- tablishment of the pilot program required by gible steps to seek effective, verifiable, and bilities. subsection (a), the Secretary of State shall enforceable arms control and non-prolifera- (12) The long-planned United States nu- provide the appropriate committees of Con- tion agreements that support United States clear modernization program will not in- gress with a detailed report and briefing de- and allied security by— crease the United States nuclear weapons scribing the pilot program, the major ele- (A) controlling the spread of nuclear mate- stockpile, predates China’s conventional ments of the program, the personnel and in- rials and technology; military and nuclear expansion, and is not stitutions involved, and the degree to which (B) placing limits on the production, an arms race against China. the program incorporates the elements de- stockpiling, and deployment of nuclear (13) The United States extended nuclear described in subsection (a). weapons; terrence— (2) FOLLOW-UP REPORT.—Not later than one (C) decreasing misperception and mis- (A) provides critical strategic security year after the report required by paragraph calculation; and around the world;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2696 CONGRESSIONAL RECORD — SENATE May 18, 2021 (B) is an essential element of United States (1) in the midst of growing competition be- (2) if a trilateral arms control dialogue military alliances; and tween the United States and the PRC, it is in does not arise, what alternative plans the (C) serves a vital non-proliferation func- the interest of both nations to cooperate in Department of State envisages for ensuring tion. reducing risks of conventional and nuclear the security of the United States and its al- (14) As a signatory to the Treaty on the escalation; lies security from Russian and Chinese nu- Non-Proliferation of Nuclear Weapons, done (2) a physical, cyber, electronic, or any clear weapons; at Washington, London, and Moscow July 1, other PLA attack on United States early (3) effects on the credibility of United 1968, the PRC is obligated under Article Six warning satellites, other portions of the nu- States extended deterrence assurances to al- of the treaty to pursue arms control negotia- clear command and control enterprise, or lies and partners if the United States is faced tions in good faith. critical infrastructure poses a high risk to with two nuclear-armed peer competitors (15) The United States has, on numerous inadvertent but rapid escalation; and any likely corresponding implications occasions, called on the PRC to participate (3) the United States and its allies should for regional security architectures; in strategic arms control negotiations, but promote international norms on military op- (4) efforts at engaging the People’s Repub- the PRC has thus far declined. erations in space, the employment of cyber lic of China to join arms control talks, (16) The Governments of Japan, the United capabilities, and the military use of artifi- whether on a bilateral or multilateral basis; Kingdom, Poland, Slovenia, Denmark, Nor- cial intelligence, as an element of risk reduc- and way, Latvia, Lithuania, Estonia, the Nether- tion regarding nuclear command and con- (5) the interest level of the Government of lands, Romania, Austria, Montenegro, trol; and the People’s Republic of China in joining Ukraine, Slovakia, Spain, North Macedonia, (4) United States allies and partners should arms control talks, whether on a bilateral or Sweden, the Czech Republic, Croatia, and Al- share the burden of promoting and pro- multilateral basis. bania, as well as the Deputy Secretary Gen- tecting such norms by voting against the (c) APPROPRIATE COMMITTEES OF CONGRESS eral of the North Atlantic Treaty Organiza- PRC’s proposals regarding the weaponization DEFINED.—In this section, the term ‘‘appro- tion, have all encouraged the PRC to join of space, highlighting unsafe behavior by the priate committees of Congress’’ means— arms control discussions. PRC that violates international norms, such (1) the Committee on Foreign Relations, as in rendezvous and proximity operations, the Committee on Armed Services, and the SEC. 3502. COOPERATION ON A STRATEGIC NU- Committee on Energy and Natural Resources CLEAR DIALOGUE. and promoting responsible behavior in space and all other domains. of the Senate; and (a) STATEMENT OF POLICY.—It is the policy (2) the Committee on Foreign Affairs, the of the United States— SEC. 3503. REPORT ON UNITED STATES EFFORTS Committee on Armed Services, and the Com- (1) to pursue, in coordination with United TO ENGAGE THE PEOPLE’S REPUB- mittee on Energy and Commerce of the LIC OF CHINA ON NUCLEAR ISSUES States allies, arms control negotiations and House of Representatives. sustained and regular engagement with the AND BALLISTIC MISSILE ISSUES. SEC. 3504. COUNTERING THE PEOPLE’S REPUB- (a) REPORT ON THE FUTURE OF UNITED PRC— LIC OF CHINA’S PROLIFERATION OF (A) to enhance understanding of each oth- STATES-CHINA ARMS CONTROL.—Not later BALLISTIC MISSILES AND NUCLEAR er’s respective nuclear policies, doctrine, and than 180 days after the date of the enactment TECHNOLOGY TO THE MIDDLE EAST. capabilities; of this Act, the Secretary of State, in coordi- (a) FINDINGS.—Congress makes the fol- (B) to improve transparency; and nation with the Secretary of Defense and the lowing findings: (C) to help manage the risks of miscalcula- Secretary of Energy, shall submit to the ap- (1) The People’s Republic of China became tion and misperception; propriate committees of Congress a report, a full participant of the Nuclear Suppliers (2) to formulate a strategy to engage the and if necessary a separate classified annex, Group in 2004, committing it to apply a Government of the People’s Republic of that examines the approaches and strategic strong presumption of denial in exporting China on relevant bilateral issues that lays effects of engaging the Government of the nuclear-related items that a foreign country the groundwork for bringing the People’s Re- People’s Republic of China on arms control could divert to a nuclear weapons program. public of China into an arms control frame- and risk reduction, including— (2) The People’s Republic of China also work, including— (1) areas of potential dialogue between the committed to the United States, in Novem- (A) fostering bilateral dialogue on arms Governments of the United States and the ber 2000, to abide by the foundational prin- control leading to the convening of bilateral People’s Republic of China, including on bal- ciples of the 1987 Missile Technology Control strategic security talks; listic, hypersonic glide, and cruise missiles, Regime (MTCR) to not ‘‘assist, in any way, (B) negotiating norms for outer space; conventional forces, nuclear, space, and any country in the development of ballistic (C) developing pre-launch notification re- cyberspace issues, as well as other new stra- missiles that can be used to deliver nuclear gimes aimed at reducing nuclear miscalcula- tegic domains, which could reduce the likeli- weapons (i.e., missiles capable of delivering a tion; and hood of war, limit escalation if a conflict payload of at least 500 kilograms to a dis- (D) expanding lines of communication be- were to occur, and constrain a destabilizing tance of at least 300 kilometers)’’. tween both governments for the purposes of arms race in the Indo-Pacific; (3) The 2020 Department of State Report on reducing the risks of conventional war and (2) how the United States Government can the Adherence to and Compliance with Arms increasing transparency; incentivize the Government of the People’s Control, Nonproliferation, and Disarmament (3) to pursue relevant capabilities in co- Republic of China to engage in a construc- Agreements and Commitments found that ordination with our allies and partners to tive arms control dialogue; the People’s Republic of China ‘‘continued to ensure the security of United States and al- (3) identifying strategic military capabili- supply MTCR-controlled goods to missile lied interests in the face of the PRC’s mili- ties of the People’s Republic of China that programs of proliferation concern in 2019’’ tary modernization and expansion, includ- the United States Government is most con- and that the United States imposed sanc- ing— cerned about and how limiting these capa- tions on nine Chinese entities for covered (A) ground-launched cruise and ballistic bilities may benefit United States and allied missile transfers to Iran. missiles; security interests; (4) A June 5, 2019, press report indicated (B) integrated air and missile defense; (4) mechanisms to avoid, manage, or con- that the People’s Republic of China allegedly (C) hypersonic missiles; trol nuclear, conventional, and unconven- provided assistance to Saudi Arabia in the (D) intelligence, surveillance, and recon- tional military escalation between the development of a ballistic missile facility, naissance; United States and the People’s Republic of which if confirmed, would violate the pur- (E) space-based capabilities; China; pose of the MTCR and run contrary to the (F) cyber capabilities; and (5) the personnel and expertise required to longstanding United States policy priority (G) command, control, and communica- effectively engage the People’s Republic of to prevent weapons of mass destruction pro- tions; China in strategic stability and arms control liferation in the Middle East. (4) to maintain sufficient force structure, dialogues; and (5) The Arms Export and Control Act of posture, and capabilities to provide extended (6) opportunities and methods to encourage 1976 (Public Law 93–329) requires the Presi- nuclear deterrence to United States allies transparency from the People’s Republic of dent to sanction any foreign person or gov- and partners; China. ernment who knowingly ‘‘exports, transfers, (5) to maintain appropriate missile defense (b) REPORT ON ARMS CONTROL TALKS WITH or otherwise engages in the trade of any capabilities to protect against threats to the THE RUSSIAN FEDERATION AND THE PEOPLE’S MTCR equipment or technology’’ to a coun- United States homeland and our forces REPUBLIC OF CHINA.—Not later than 180 days try that does not adhere to the MTCR. across the theater from rogue interconti- after the date of the enactment of this Act, (6) The People’s Republic of China con- nental ballistic missiles from the Indo-Pa- the Secretary of State, in consultation with cluded two nuclear cooperation agreements cific region; and the Secretary of Defense and the Secretary with Saudi Arabia in 2012 and 2017, respec- (6) to ensure that the United States declar- of Energy, shall submit to the appropriate tively, which may facilitate the People’s Re- atory policy reflects the requirements of ex- committees of Congress a report that de- public of China’s bid to build two reactors in tended deterrence, to both assure allies and scribes— Saudi Arabia to generate 2.9 Gigawatt-elec- to preserve its non-proliferation benefits. (1) a concrete plan for arms control talks tric (GWe) of electricity. (b) SENSE OF CONGRESS.—It is the sense of that includes both the People’s Republic of (7) On August 4, 2020, a press report re- Congress that— China and the Russian Federation; vealed the alleged existence of a previously

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2697 undisclosed uranium yellowcake extraction DIVISION D—HOMELAND SECURITY AND Sec. 4207. Enabling entrepreneurs and agen- facility in Saudi Arabia allegedly con- GOVERNMENTAL AFFAIRS COMMITTEE cy missions. structed with the assistance of the People’s PROVISIONS Subtitle B—Cyber Response and Recovery Republic of China, which if confirmed, would SEC. 4001. SHORT TITLE; TABLE OF CONTENTS. Sec. 4251. Short title. indicate significant progress by Saudi Arabia (a) SHORT TITLE.—This division may be Sec. 4252. Declaration of a significant inci- in developing the early stages of the nuclear cited as the ‘‘Securing America’s Future dent. fuel cycle that precede uranium enrichment. Act’’. TITLE III—PERSONNEL (8) Saudi Arabia’s outdated Small Quan- (b) TABLE OF CONTENTS.—The table of con- tities Protocol and its lack of an in-force Ad- tents for this division is as follows: Subtitle A—Facilitating Federal Employee Reskilling ditional Protocol to its International Atomic DIVISION D—HOMELAND SECURITY AND Energy Agency (IAEA) Comprehensive Safe- GOVERNMENTAL AFFAIRS COMMITTEE Sec. 4301. Short title. guards Agreement severely curtails IAEA in- PROVISIONS Sec. 4302. Reskilling Federal employees. spections, which has led the Agency to call Sec. 4001. Short title; table of contents. Subtitle B—Federal Rotational Cyber upon Saudi Arabia to either rescind or up- Workforce Program date its Small Quantities Protocol. TITLE I—ENSURING DOMESTIC MANUFACTURING CAPABILITIES Sec. 4351. Short title. (b) MTCR TRANSFERS.—Not later than 30 Sec. 4352. Definitions. Subtitle A—Build America, Buy America days after the date of the enactment of this Sec. 4353. Rotational cyber workforce posi- Act, the President shall submit to the appro- Sec. 4101. Short title. tions. priate committees of Congress a written de- PART I—BUY AMERICA SOURCING Sec. 4354. Rotational cyber workforce pro- termination, and any documentation to sup- REQUIREMENTS gram. port that determination detailing— Sec. 4111. Findings. Sec. 4355. Reporting by GAO. (1) whether any foreign person in the Peo- Sec. 4112. Definitions. Sec. 4356. Sunset. ple’s Republic of China knowingly exported, Sec. 4113. Identification of deficient pro- TITLE IV—OTHER MATTERS transferred, or engaged in trade of any item grams. Subtitle A—Ensuring Security of Unmanned designated under Category I of the MTCR Sec. 4114. Application of Buy America pref- Aircraft Systems Annex to any foreign person in the previous erence. three fiscal years; and Sec. 4115. OMB guidance and standards. Sec. 4401. Short title. (2) the sanctions the President has imposed Sec. 4116. Technical assistance partnership Sec. 4402. Definitions. or intends to impose pursuant to section and consultation supporting Sec. 4403. Prohibition on procurement of 11B(b) of the Export Administration Act of Department of Transportation covered unmanned aircraft sys- 1979 (50 U.S.C. 4612(b)) against any foreign Buy America requirements. tems from covered foreign enti- person who knowingly engaged in the export, Sec. 4117. Application. ties. transfer, or trade of that item or items. PART II—MAKE ITINAMERICA Sec. 4404. Prohibition on operation of covered unmanned aircraft sys- (c) THE PEOPLE’S REPUBLIC OF CHINA’S NU- Sec. 4121. Regulations relating to Buy Amer- tems from covered foreign enti- CLEAR FUEL CYCLE COOPERATION.—Not later ican Act. ties. than 30 days after the date of the enactment Sec. 4122. Amendments relating to Buy Sec. 4405. Prohibition on use of Federal of this Act, the President shall submit to the American Act. appropriate committees of Congress a report Sec. 4123. Made in America Office. funds for purchases and oper- detailing— Sec. 4124. Hollings Manufacturing Extension ation of covered unmanned air- (1) whether any foreign person in the Peo- Partnership activities. craft systems from covered for- ple’s Republic of China engaged in coopera- Sec. 4125. United States obligations under eign entities. Sec. 4406. Prohibition on use of Government- tion with any other foreign person in the international agreements. issued Purchase Cards to pur- previous three fiscal years in the construc- Sec. 4126. Definitions. chase covered unmanned air- tion of any nuclear-related fuel cycle facility Sec. 4127. Prospective amendments to inter- craft systems from covered for- or activity that has not been notified to the nal cross-references. eign entities. IAEA and would be subject to complemen- Subtitle B—BuyAmerican.gov Sec. 4407. Management of existing inven- tary access if an Additional Protocol was in Sec. 4131. Short title. tories of covered unmanned air- force; and Sec. 4132. Definitions. craft systems from covered for- (2) the policy options required to prevent Sec. 4133. Sense of Congress on buying eign entities. and respond to any future effort by the Peo- American. Sec. 4408. Comptroller General report. ple’s Republic of China to export to any for- Sec. 4134. Assessment of impact of free trade Sec. 4409. Government-wide policy for pro- eign person an item classified as ‘‘plants for agreements. curement of unmanned aircraft the separation of isotopes of uranium’’ or Sec. 4135. Judicious use of waivers. systems. ‘‘plants for the reprocessing of irradiated nu- Sec. 4136. Establishment of Sec. 4410. Study. clear reactor fuel elements’’ under Part 110 BuyAmerican.gov website. Sec. 4411. Sunset. of the Nuclear Regulatory Commission ex- Sec. 4137. Waiver Transparency and Stream- port licensing authority. lining for contracts. Subtitle B—No TikTok on Government Sec. 4138. Comptroller General report. Devices (d) FORM OF REPORT.—The determination required under subsection (b) and the report Sec. 4139. Rules of construction. Sec. 4431. Short title. Sec. 4140. Consistency with international required under subsection (c) shall be unclas- Sec. 4432. Prohibition on the use of TikTok. agreements. sified with a classified annex. Subtitle C—National Risk Management Sec. 4141. Prospective amendments to inter- (e) DEFINITIONS.—In this section: nal cross-references. Sec. 4461. Short title. Sec. 4462. National risk management cycle. (1) The term ‘‘appropriate committees of Subtitle C—Make PPE in America Congress’’ means— Subtitle D—Safeguarding American (A) the Select Committee on Intelligence Sec. 4151. Short title. Innovation of the Senate; Sec. 4152. Findings. Sec. 4153. Requirement of long-term con- Sec. 4491. Short title. (B) the Committee on Foreign Relations of tracts for domestically manu- Sec. 4492. Definitions. the Senate; factured personal protective Sec. 4493. Federal Research Security Coun- (C) the Select Committee on Intelligence equipment. cil. of the House of Representatives; and Sec. 4494. Federal grant application fraud. TITLE II—CYBER AND ARTIFICIAL (D) the Committee on Foreign Affairs of Sec. 4495. Restricting the acquisition of INTELLIGENCE the House of Representatives. emerging technologies by cer- (2) FOREIGN PERSON; PERSON.—The terms Subtitle A—Advancing American AI tain aliens. ‘‘foreign person’’ and ‘‘person’’ mean— Sec. 4201. Short title. Sec. 4496. Machine readable visa documents. (A) a natural person that is an alien; Sec. 4202. Purpose. Sec. 4497. Certifications regarding access to (B) a corporation, business association, Sec. 4203. Definitions. export controlled technology in partnership, society, trust, or any other non- Sec. 4204. Principles and policies for use of educational and cultural ex- governmental entity, organization, or group, artificial intelligence in Gov- change programs. that is organized under the laws of a foreign ernment. Sec. 4498. Privacy and confidentiality. country or has its principal place of business Sec. 4205. Agency inventories and artificial TITLE I—ENSURING DOMESTIC in a foreign country; intelligence use cases. MANUFACTURING CAPABILITIES (C) any foreign governmental entity oper- Sec. 4206. Rapid pilot, deployment and scale ating as a business enterprise; and of applied artificial intelligence Subtitle A—Build America, Buy America (D) any successor, subunit, or subsidiary of capabilities to demonstrate SEC. 4101. SHORT TITLE. any entity described in subparagraph (B) or modernization activities re- This subtitle may be cited as the ‘‘Build (C). lated to use cases. America, Buy America Act’’.

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PART I—BUY AMERICA SOURCING (12) as of the date of enactment of this Act, (6) PRODUCED IN THE UNITED STATES.—The REQUIREMENTS domestic content procurement preference term ‘‘produced in the United States’’ SEC. 4111. FINDINGS. policies apply to all Federal Government means— Congress finds that— procurement and to various Federal-aid in- (A) in the case of iron or steel products, (1) the United States must make signifi- frastructure programs; that all manufacturing processes, from the cant investments to install, upgrade, or re- (13) a robust domestic manufacturing sec- initial melting stage through the application place the public works infrastructure of the tor is a vital component of the national secu- of coatings, occurred in the United States; United States; rity of the United States; (B) in the case of manufactured products, (2) with respect to investments in the in- (14) as more manufacturing operations of that— frastructure of the United States, taxpayers the United States have moved offshore, the (i) the manufactured product was manufac- expect that their public works infrastructure strength and readiness of the defense indus- tured in the United States; and will be produced in the United States by trial base of the United States has been di- (ii) the cost of the components of the man- American workers; minished; and ufactured product that are mined, produced, (3) United States taxpayer dollars invested (15) domestic content procurement pref- or manufactured in the United States is in public infrastructure should not be used erence laws— greater than 55 percent of the total cost of to reward companies that have moved their (A) are fully consistent with the inter- all components of the manufactured product, operations, investment dollars, and jobs to national obligations of the United States; unless another standard for determining the foreign countries or foreign factories, par- and minimum amount of domestic content of the ticularly those that do not share or openly (B) together with the government procure- manufactured product has been established flout the commitments of the United States ments to which the laws apply, are impor- under applicable law or regulation; and to environmental, worker, and workplace tant levers for ensuring that United States (C) in the case of construction materials, safety protections; manufacturers can access the government that all manufacturing processes for the con- (4) in procuring materials for public works procurement markets of the trading partners struction material occurred in the United projects, entities using taxpayer-financed of the United States. States. Federal assistance should give a common- (7) PROJECT.—The term ‘‘project’’ means sense procurement preference for the mate- SEC. 4112. DEFINITIONS. the construction, alteration, maintenance, rials and products produced by companies In this part: or repair of infrastructure in the United and workers in the United States in accord- (1) DEFICIENT PROGRAM.—The term ‘‘defi- States. ance with the high ideals embodied in the en- cient program’’ means a program identified SEC. 4113. IDENTIFICATION OF DEFICIENT PRO- vironmental, worker, workplace safety, and by the head of a Federal agency under sec- GRAMS. other regulatory requirements of the United tion 4113(c). (a) IN GENERAL.—Not later than 60 days States; (2) DOMESTIC CONTENT PROCUREMENT PREF- after the date of enactment of this Act, the (5) common construction materials used in ERENCE.—The term ‘‘domestic content pro- head of each Federal agency shall— public works infrastructure projects, includ- curement preference’’ means a requirement (1) submit to the Office of Management and ing steel, iron, manufactured products, non- that no amounts made available through a Budget and to Congress, including a separate ferrous metals, plastic and polymer-based program for Federal financial assistance notice to each appropriate congressional products (including polyvinylchloride, com- may be obligated for a project unless— committee, a report that identifies each Fed- posite building materials, and polymers used (A) all iron and steel used in the project eral financial assistance program for infra- in fiber optic cables), concrete and other ag- are produced in the United States; structure administered by the Federal agen- gregates, glass (including optic glass), lum- (B) the manufactured products used in the cy; and ber, and drywall are not adequately covered project are produced in the United States; or (2) publish in the Federal Register the re- by a domestic content procurement pref- port under paragraph (1). erence, thus limiting the impact of taxpayer (C) the construction materials used in the purchases to enhance supply chains in the project are produced in the United States. (b) REQUIREMENTS.—In the report under United States; (3) FEDERAL AGENCY.—The term ‘‘Federal subsection (a), the head of each Federal (6) the benefits of domestic content pro- agency’’ means any authority of the United agency shall, for each Federal financial as- curement preferences extend beyond eco- States that is an ‘‘agency’’ (as defined in sec- sistance program— nomics; tion 3502 of title 44, United States Code), (1) identify all domestic content procure- (7) by incentivizing domestic manufac- other than an independent regulatory agency ment preferences applicable to the Federal turing, domestic content procurement pref- (as defined in that section). financial assistance; erences reinvest tax dollars in companies (4) FEDERAL FINANCIAL ASSISTANCE.— (2) assess the applicability of the domestic and processes using the highest labor and en- (A) IN GENERAL.—The term ‘‘Federal finan- content procurement preference require- vironmental standards in the world; cial assistance’’ has the meaning given the ments, including— (8) strong domestic content procurement term in section 200.1 of title 2, Code of Fed- (A) section 313 of title 23, United States preference policies act to prevent shifts in eral Regulations (or successor regulations). Code; production to countries that rely on produc- (B) INCLUSION.—The term ‘‘Federal finan- (B) section 5323(j) of title 49, United States tion practices that are significantly less en- cial assistance’’ includes all expenditures by Code; ergy efficient and far more polluting than a Federal agency to a non-Federal entity for (C) section 22905(a) of title 49, United those in the United States; an infrastructure project, except that it does States Code; (9) for over 75 years, Buy America and not include expenditures for assistance au- (D) section 50101 of title 49, United States other domestic content procurement pref- thorized under section 402, 403, 404, 406, 408, Code; erence laws have been part of the United or 502 of the Robert T. Stafford Disaster Re- (E) section 603 of the Federal Water Pollu- States procurement policy, ensuring that the lief and Emergency Assistance Act (42 U.S.C. tion Control Act (33 U.S.C. 1388); United States can build and rebuild the in- 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating (F) section 1452(a)(4) of the Safe Drinking frastructure of the United States with high- to a major disaster or emergency declared by Water Act (42 U.S.C. 300j–12(a)(4)); quality American-made materials; the President under section 401 or 501, re- (G) section 5035 of the Water Infrastructure (10) before the date of enactment of this spectively, of such Act (42 U.S.C. 5170, 5191) Finance and Innovation Act of 2014 (33 U.S.C. Act, a domestic content procurement pref- or pre and post disaster or emergency re- 3914); erence requirement may not apply, may sponse expenditures. (H) any domestic content procurement apply only to a narrow scope of products and (5) INFRASTRUCTURE.—The term ‘‘infra- preference included in an appropriations Act; materials, or may be limited by waiver with structure’’ includes, at a minimum, the and respect to many infrastructure programs, structures, facilities, and equipment for, in (I) any other domestic content procure- which necessitates a review of such pro- the United States— ment preference in Federal law (including grams, including programs for roads, high- (A) roads, highways, and bridges; regulations); ways, and bridges, public transportation, (B) public transportation; (3) provide details on any applicable do- dams, ports, harbors, and other maritime fa- (C) dams, ports, harbors, and other mari- mestic content procurement preference re- cilities, intercity passenger and freight rail- time facilities; quirement, including the purpose, scope, ap- roads, freight and intermodal facilities, air- (D) intercity passenger and freight rail- plicability, and any exceptions and waivers ports, water systems, including drinking roads; issued under the requirement; and water and wastewater systems, electrical (E) freight and intermodal facilities; (4) include a description of the type of in- transmission facilities and systems, utili- (F) airports; frastructure projects that receive funding ties, broadband infrastructure, and buildings (G) water systems, including drinking under the program, including information re- and real property; water and wastewater systems; lating to— (11) Buy America laws create demand for (H) electrical transmission facilities and (A) the number of entities that are partici- domestically produced goods, helping to sus- systems; pating in the program; tain and grow domestic manufacturing and (I) utilities; (B) the amount of Federal funds that are the millions of jobs domestic manufacturing (J) broadband infrastructure; and made available for the program for each fis- supports throughout product supply chains; (K) buildings and real property. cal year; and

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(b) STANDARDS FOR CONSTRUCTION MATE- and Infrastructure and the Committee on SEC. 4114. APPLICATION OF BUY AMERICA PREF- RIALS.— Oversight and Reform of the House of Rep- ERENCE. (1) IN GENERAL.—Not later than 180 days resentatives a report that includes— (a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the (1) a detailed description of the consulta- after the date of enactment of this Act, the Director of the Office of Management and tion procedures developed under subsection head of each Federal agency shall ensure Budget shall issue standards that define the (b)(4); that none of the funds made available for a term ‘‘all manufacturing processes’’ in the (2) a detailed description of each waiver re- Federal financial assistance program for in- case of construction materials. quested under a Buy America law in the pre- frastructure, including each deficient pro- (2) CONSIDERATIONS.—In issuing standards ceding year that was subject to consultation gram, may be obligated for a project unless under paragraph (1), the Director shall— under subsection (c), and the results of the all of the iron, steel, manufactured products, (A) ensure that the standards require that consultation; and construction materials used in the each manufacturing process required for the (3) a detailed description of each waiver project are produced in the United States. manufacture of the construction material granted under a Buy America law in the pre- (b) WAIVER.—The head of a Federal agency and the inputs of the construction material ceding year, including the type of waiver and that applies a domestic content procurement occurs in the United States; and the reasoning for granting the waiver; and preference under this section may waive the (B) take into consideration and seek to (4) an update on challenges and gaps in the application of that preference in any case in maximize the direct and indirect jobs bene- domestic supply base identified in carrying which the head of the Federal agency finds fited or created in the production of the con- out subsection (b)(1), including a list of ac- that— struction material. tions and policy changes the Secretary rec- (1) applying the domestic content procure- SEC. 4116. TECHNICAL ASSISTANCE PARTNER- ommends be taken to address those chal- ment preference would be inconsistent with SHIP AND CONSULTATION SUP- lenges and gaps. the public interest; PORTING DEPARTMENT OF TRANS- SEC. 4117. APPLICATION. PORTATION BUY AMERICA REQUIRE- (2) types of iron, steel, manufactured prod- (a) IN GENERAL.—This part shall apply to a MENTS. ucts, or construction materials are not pro- Federal financial assistance program for in- (a) DEFINITIONS.—In this section: duced in the United States in sufficient and frastructure only to the extent that a domes- (1) BUY AMERICA LAW.—The term ‘‘Buy reasonably available quantities or of a satis- America law’’ means— tic content procurement preference as de- factory quality; or (A) section 313 of title 23, United States scribed in section 4114 does not already apply (3) the inclusion of iron, steel, manufac- Code; to iron, steel, manufactured products, and tured products, or construction materials (B) section 5323(j) of title 49, United States construction materials. (b) SAVINGS PROVISION.—Nothing in this produced in the United States will increase Code; part affects a domestic content procurement the cost of the overall project by more than (C) section 22905(a) of title 49, United preference for a Federal financial assistance 25 percent. States Code; program for infrastructure that is in effect (c) WRITTEN JUSTIFICATION.—Before issuing (D) section 50101 of title 49, United States and that meets the requirements of section a waiver under subsection (b), the head of Code; and 4114. the Federal agency shall— (E) any other domestic content procure- (1) make publicly available in an easily ac- ment preference for an infrastructure project PART II—MAKE IT IN AMERICA cessible location on a website designated by under the jurisdiction of the Secretary. SEC. 4121. REGULATIONS RELATING TO BUY the Office of Management and Budget and on (2) SECRETARY.—The term ‘‘Secretary’’ AMERICAN ACT. the website of the Federal agency a detailed means the Secretary of Transportation. (a) IN GENERAL.—Not later than 1 year written explanation for the proposed deter- (b) TECHNICAL ASSISTANCE PARTNERSHIP.— after the date of the enactment of this Act, mination to issue the waiver; and Not later than 90 days after the date of the the Director of the Office of Management (2) provide a period of not less than 15 days enactment of this Act, the Secretary shall and Budget (‘‘Director’’), acting through the for public comment on the proposed waiver. enter into a technical assistance partnership Administrator for Federal Procurement Pol- (d) AUTOMATIC SUNSET ON WAIVERS OF GEN- with the Secretary of Commerce, acting icy and, in consultation with the Federal Ac- ERAL APPLICABILITY.— through the Director of the National Insti- quisition Regulatory Council, shall promul- (1) IN GENERAL.—A general applicability tute of Standards and Technology— gate final regulations or other policy or waiver issued under subsection (b) shall ex- (1) to ensure the development of a domestic management guidance, as appropriate, to pire not later than 2 years after the date on supply base to support intermodal transpor- standardize and simplify how Federal agen- which the waiver is issued. tation in the United States, such as intercity cies comply with, report on, and enforce the (2) REISSUANCE.—The head of a Federal high speed rail transportation, public trans- Buy American Act. The regulations or other agency may reissue a general applicability portation systems, highway construction or policy or management guidance shall in- waiver only after— reconstruction, airport improvement clude, at a minimum, the following: (A) publishing in the Federal Register a projects, and other infrastructure projects (1) Guidelines for Federal agencies to de- notice that— under the jurisdiction of the Secretary; termine, for the purposes of applying sec- (i) describes the justification for reissuing (2) to ensure compliance with Buy America tions 8302(a) and 8303(b)(3) of title 41, United a general applicability waiver; and laws that apply to a project that receives as- States Code, the circumstances under which (ii) requests public comments for a period sistance from the Federal Highway Adminis- the acquisition of articles, materials, or sup- of not less than 30 days; and tration, the Federal Transit Administration, plies mined, produced, or manufactured in (B) publishing in the Federal Register a the Federal Railroad Administration, the the United States is inconsistent with the second notice that— Federal Aviation Administration, or another public interest. (i) responds to the public comments re- office or modal administration of the Sec- (2) Guidelines to ensure Federal agencies ceived in response to the first notice; and retary of Transportation; base determinations of non-availability on (ii) provides the final decision on whether (3) to encourage technologies developed appropriate considerations, including antici- the general applicability waiver will be re- with the support of and resources from the pated project delays and lack of substitut- issued. Secretary to be transitioned into commer- able articles, materials, and supplies mined, (e) CONSISTENCY WITH INTERNATIONAL cial market and applications; and produced, or manufactured in the United AGREEMENTS.—This section shall be applied (4) to establish procedures for consultation States, when making determinations of non- in a manner consistent with United States under subsection (c). availability under section 8302(a)(1) of title obligations under international agreements. (c) CONSULTATION.—Before granting a writ- 41, United States Code. SEC. 4115. OMB GUIDANCE AND STANDARDS. ten waiver under a Buy America law, the (3)(A) Uniform procedures for each Federal (a) GUIDANCE.—The Director of the Office Secretary shall consult with the Director of agency to make publicly available, in an eas- of Management and Budget shall— the Hollings Manufacturing Extension Part- ily identifiable location on the website of the (1) issue guidance to the head of each Fed- nership regarding whether there is a domes- agency, and within the following time peri- eral agency— tic entity that could provide the iron, steel, ods, the following information:

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(i) A written description of the cir- the United States,’’ including guidelines to ‘‘(3) FEDERAL AGENCY.—The term ‘Federal cumstances in which the head of the agency ensure that manufacturing processes in- agency’ has the meaning given the term ‘ex- may waive the requirements of the Buy volved in production of the end product ecutive agency’ in section 133 of this title.’’. American Act. occur domestically. (e) CONFORMING AMENDMENTS.—Title 41, (ii) Each waiver made by the head of the SEC. 4122. AMENDMENTS RELATING TO BUY United States Code, is amended— agency within 30 days after making such AMERICAN ACT. (1) in section 8302(a)— waiver, including a justification with suffi- (a) SPECIAL RULES RELATING TO AMERICAN (A) in paragraph (1)— cient detail to explain the basis for the waiv- MATERIALS REQUIRED FOR PUBLIC USE.—Sec- (i) by striking ‘‘department or independent er. tion 8302 of title 41, United States Code, is establishment’’ and inserting ‘‘Federal agen- (B) The procedures established under this amended by adding at the end the following cy’’; and paragraph shall ensure that the head of an new subsection: (ii) by striking ‘‘their acquisition to be in- agency, in consultation with the head of the ‘‘(c) SPECIAL RULES.—The following rules consistent with the public interest or their Made in America Office established under apply in carrying out the provisions of sub- cost to be unreasonable’’ and inserting section 4123(a), may limit the publication of section (a): ‘‘their acquisition to be inconsistent with classified information, trade secrets, or ‘‘(1) IRON AND STEEL MANUFACTURED IN THE the public interest, their cost to be unrea- other information that could damage the UNITED STATES.—For purposes of this section, sonable, or that the articles, materials, or United States. manufactured articles, materials, and sup- supplies of the class or kind to be used, or (4) Guidelines for Federal agencies to en- plies of iron and steel are deemed manufac- the articles, materials, or supplies from sure that a project is not disaggregated for tured in the United States only if all manu- which they are manufactured, are not mined, purposes of avoiding the applicability of the facturing processes involved in the produc- produced, or manufactured in the United requirements under the Buy American Act. tion of such iron and steel, from the initial States in sufficient and reasonably available (5) An increase to the price preferences for melting stage through the application of commercial quantities and of a satisfactory domestic end products and domestic con- coatings, occurs in the United States. quality’’; and ‘‘(2) LIMITATION ON EXCEPTION FOR COMMER- struction materials. (B) in paragraph (2), by amending subpara- CIALLY AVAILABLE OFF-THE-SHELF ITEMS.— (6) Amending the definitions of ‘‘domestic graph (B) to read as follows: Notwithstanding any law or regulation to end product’’ and ‘‘domestic construction ‘‘(B) to any articles, materials, or supplies the contrary, including section 1907 of this material’’ to ensure that iron and steel prod- procured pursuant to a reciprocal defense title and the Federal Acquisition Regulation, ucts are, to the greatest extent possible, procurement memorandum of understanding the requirements of this section apply to all made with domestic components. (as described in section 8304 of this title), or iron and steel articles, materials, and sup- (b) GUIDELINES RELATING TO WAIVERS.— a trade agreement or least developed country plies.’’. (1) INCONSISTENCY WITH PUBLIC INTEREST.— designation described in subpart 25.400 of the (b) PRODUCTION OF IRON AND STEEL FOR (A) IN GENERAL.—With respect to the Federal Acquisition Regulation; and’’; and PURPOSES OF CONTRACTS FOR PUBLIC guidelines developed under subsection (a)(1), (2) in section 8303— WORKS.—Section 8303 of title 41, United (A) in subsection (b)— the Administrator shall seek to minimize States Code, is amended— waivers related to contract awards that— (1) by redesignating subsection (c) as sub- (i) by striking ‘‘department or independent (i) result in a decrease in employment in section (d); and establishment’’ each place it appears and in- the United States, including employment (2) by inserting after subsection (b) the fol- serting ‘‘Federal agency’’; among entities that manufacture the arti- lowing new subsection: (ii) by amending subparagraph (B) of para- cles, materials, or supplies; or ‘‘(c) SPECIAL RULES.— graph (1) to read as follows: (ii) result in awarding a contract that ‘‘(1) PRODUCTION OF IRON AND STEEL.—For ‘‘(B) to any articles, materials, or supplies would decrease domestic employment. purposes of this section, manufactured arti- procured pursuant to a reciprocal defense (B) COVERED EMPLOYMENT.—For purposes of cles, materials, and supplies of iron and steel procurement memorandum of understanding subparagraph (A), employment refers to posi- are deemed manufactured in the United (as described in section 8304), or a trade tions directly involved in the manufacture of States only if all manufacturing processes agreement or least developed country des- articles, materials, or supplies, and does not involved in the production of such iron and ignation described in subpart 25.400 of the include positions related to management, re- steel, from the initial melting stage through Federal Acquisition Regulation; and’’; and search and development, or engineering and the application of coatings, occurs in the (iii) in paragraph (3)— design. United States. (I) in the heading, by striking ‘‘INCON- (2) ASSESSMENT ON USE OF DUMPED OR SUB- ‘‘(2) LIMITATION ON EXCEPTION FOR COMMER- SISTENT WITH PUBLIC INTEREST’’ and inserting SIDIZED FOREIGN PRODUCTS.— CIALLY AVAILABLE OFF-THE-SHELF ITEMS.— ‘‘WAIVER AUTHORITY’’; and (A) IN GENERAL.—To the extent otherwise Notwithstanding any law or regulation to (II) by striking ‘‘their purchase to be in- permitted by law, before granting a waiver the contrary, including section 1907 of this consistent with the public interest or their in the public interest to the guidelines devel- title and the Federal Acquisition Regulation, cost to be unreasonable’’ and inserting oped under subsection (a)(1) with respect to a the requirements of this section apply to all ‘‘their acquisition to be inconsistent with product sourced from a foreign country, a iron and steel articles, materials, and sup- the public interest, their cost to be unrea- Federal agency shall assess whether a sig- plies used in contracts described in sub- sonable, or that the articles, materials, or nificant portion of the cost advantage of the section (a).’’. supplies of the class or kind to be used, or product is the result of the use of dumped (c) ANNUAL REPORT.—Subsection (b) of sec- the articles, materials, or supplies from steel, iron, or manufactured goods or the use tion 8302 of title 41, United States Code, is which they are manufactured, are not mined, of injuriously subsidized steel, iron, or man- amended to read as follows: produced, or manufactured in the United ufactured goods. ‘‘(b) REPORTS.— States in sufficient and reasonably available (B) CONSULTATION.—The Federal agency ‘‘(1) IN GENERAL.—Not later than 180 days commercial quantities and of a satisfactory conducting the assessment under subpara- after the end of the fiscal year during which quality’’; and graph (A) shall consult with the Inter- the Build America, Buy America Act is en- (B) in subsection (d), as redesignated by national Trade Administration in making acted, and annually thereafter for 4 years, subsection (b)(1) of this section, by striking the assessment if the agency considers such the Director of the Office of Management ‘‘department, bureau, agency, or independent consultation to be helpful. and Budget, in consultation with the Admin- establishment’’ each place it appears and in- (C) USE OF FINDINGS.—The Federal agency istrator of General Services, shall submit to serting ‘‘Federal agency’’. conducting the assessment under subpara- the Committee on Homeland Security and (f) EXCLUSION FROM INFLATION ADJUSTMENT graph (A) shall integrate any findings from Governmental Affairs of the Senate and the OF ACQUISITION-RELATED DOLLAR THRESH- the assessment into its waiver determina- Committee on Oversight and Reform of the OLDS.—Subparagraph (A) of section 1908(b)(2) tion. House of Representatives a report on the of title 41, United States Code, is amended by (c) SENSE OF CONGRESS ON INCREASING DO- total amount of acquisitions made by Fed- striking ‘‘chapter 67’’ and inserting ‘‘chap- MESTIC CONTENT REQUIREMENTS.—It is the eral agencies in the relevant fiscal year of ters 67 and 83’’. sense of Congress that the Federal Acquisi- articles, materials, or supplies acquired from SEC. 4123. MADE IN AMERICA OFFICE. tion Regulatory Council should amend the entities that mine, produce, or manufacture (a) ESTABLISHMENT.—The Director of the Federal Acquisition Regulation to increase the articles, materials, or supplies outside Office of Management and Budget shall es- the domestic content requirements for do- the United States. tablish within the Office of Management and mestic end products and domestic construc- ‘‘(2) EXCEPTION FOR INTELLIGENCE COMMU- Budget an office to be known as the ‘‘Made tion material to 75 percent, or, in the event NITY.—This subsection does not apply to ac- in America Office’’. The head of the office of no qualifying offers, 60 percent. quisitions made by an agency, or component shall be appointed by the Director of the Of- (d) DEFINITION OF END PRODUCT MANUFAC- of an agency, that is an element of the intel- fice of Management and Budget (in this sec- TURED IN THE UNITED STATES.—Not later ligence community as specified in, or des- tion referred to as the ‘‘Made in America Di- than 1 year after the date of the enactment ignated under, section 3 of the National Se- rector’’). of this Act, the Federal Acquisition Regu- curity Act of 1947 (50 U.S.C. 3003).’’. (b) DUTIES.—The Made in America Director latory Council shall amend part 25 of the (d) DEFINITION.—Section 8301 of title 41, shall have the following duties: Federal Acquisition Regulation to provide a United States Code, is amended by adding at (1) Maximize and enforce compliance with definition for ‘‘end product manufactured in the end the following new paragraph: domestic preference statutes.

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2701 (2) Develop and implement procedures to rials, and supplies mined, produced, or manu- SEC. 4125. UNITED STATES OBLIGATIONS UNDER review waiver requests or inapplicability re- factured in the United States. INTERNATIONAL AGREEMENTS. quests related to domestic preference stat- (d) REVIEW OF RECIPROCAL DEFENSE AGREE- This part, and the amendments made by utes. MENTS.— this part, shall be applied in a manner con- (3) Prepare the reports required under sub- (1) REVIEW OF PROCESS.—Not later than 180 sistent with United States obligations under sections (c) and (e). days after the date of the enactment of this international agreements. (4) Ensure that Federal contracting per- Act, the Made in America Director shall re- SEC. 4126. DEFINITIONS. sonnel, financial assistance personnel, and view the Department of Defense’s use of re- In this part: non-Federal recipients are regularly trained ciprocal defense agreements to determine if (1) BERRY AMENDMENT.—The term ‘‘Berry on obligations under the Buy American Act domestic entities have equal and propor- Amendment’’ means section 2533a of title 10, and other agency-specific domestic pref- tional access and report the findings of the United States Code. erence statutes. review to the Director of the Office of Man- (2) BUY AMERICAN ACT.—The term ‘‘Buy (5) Conduct the review of reciprocal de- agement and Budget, the Secretary of De- American Act’’ means chapter 83 of title 41, fense agreements required under subsection fense, and the Secretary of State. United States Code. (d). (2) REVIEW OF RECIPROCAL PROCUREMENT (3) FEDERAL AGENCY.—The term ‘‘Federal (6) Ensure that Federal agencies, Federal MEMORANDA OF UNDERSTANDING.—The Made agency’’ has the meaning given the term financial assistance recipients, and the Hol- in America Director shall review reciprocal ‘‘executive agency’’ in section 133 of title 41, lings Manufacturing Extension Partnership procurement memoranda of understanding United States Code. partner with each other to promote compli- entered into after the date of the enactment (4) RELEVANT CONGRESSIONAL COMMIT- ance with domestic preference statutes. of this Act between the Department of De- TEES.—The term ‘‘relevant congressional (7) Support executive branch efforts to defense and its counterparts in foreign govern- committees’’ means— velop and sustain a domestic supply base to ments to assess whether domestic entities (A) the Committee on Homeland Security meet Federal procurement requirements. will have equal and proportional access and Governmental Affairs, the Committee on (c) OFFICE OF MANAGEMENT AND BUDGET under the memoranda of understanding and Commerce, Science, and Transportation, the REPORT.—Not later than 1 year after the report the findings of the review to the Di- Committee on Environment and Public date of the enactment of this Act, the Direc- rector of the Office of Management and Works, the Committee on Banking, Housing, tor of the Office of Management and Budget, Budget, the Secretary of Defense, and the and Urban Affairs, and the Committee on working through the Made in America Direc- Secretary of State. Armed Services of the Senate; and tor, shall report to the relevant congres- (e) REPORT ON USE OF MADE IN AMERICA (B) the Committee on Oversight and Re- sional committees on the extent to which, in LAWS.—The Made in America Director shall form, the Committee on Armed Services, and each of the three fiscal years prior to the submit to the relevant congressional com- the Committee on Transportation and Infra- date of enactment of this Act, articles, mate- mittees a summary of each report on the use structure of the House of Representatives. rials, or supplies acquired by the Federal of Made in America Laws received by the (5) WAIVER.—The term ‘‘waiver’’, with re- Government were mined, produced, or manu- Made in America Director pursuant to sec- spect to the acquisition of an article, mate- factured outside the United States. Such re- tion 11 of Executive Order 14005, dated Janu- rial, or supply for public use, means the in- port shall include for each Federal agency ary 25, 2021 (relating to ensuring the future is applicability of chapter 83 of title 41, United the following: made in all of America by all of America’s States Code, to the acquisition by reason of (1) A summary of total procurement funds workers) not later than 90 days after the any of the following determinations under expended on articles, materials, and supplies date of the enactment of this Act or receipt section 8302(a)(1) or 8303(b) of such title: mined, produced, or manufactured— of the reports required under section 11 of (A) A determination by the head of the (A) inside the United States; such Executive Order, whichever is later. Federal agency concerned that the acquisi- (B) outside the United States; and (f) DOMESTIC PREFERENCE STATUTE DE- tion is inconsistent with the public interest. (C) outside the United States— FINED.—In this section, the term ‘‘domestic (B) A determination by the head of the (i) under each category of waiver under the preference statute’’ means any of the fol- Federal agency concerned that the cost of Buy American Act; lowing: the acquisition is unreasonable. (ii) under each category of exception under (1) the Buy American Act; (C) A determination by the head of the such chapter; and (2) a Buy America law (as that term is de- Federal agency concerned that the article, (iii) for each country that mined, produced, fined in section 4116(a)); material, or supply is not mined, produced, or manufactured such articles, materials, (3) the Berry Amendment; or manufactured in the United States in suf- and supplies. (4) section 604 of the American Recovery ficient and reasonably available commercial and Reinvestment Act of 2009 (6 U.S.C. 453b) (2) For each fiscal year covered by the re- quantities of a satisfactory quality. port— (commonly referred to as the ‘‘Kissell amendment’’); SEC. 4127. PROSPECTIVE AMENDMENTS TO IN- (A) the dollar value of any articles, mate- TERNAL CROSS-REFERENCES. (5) section 2533b of title 10 (commonly re- rials, or supplies that were mined, produced, (a) SPECIALTY METALS CLAUSE REF- ferred to as the ‘‘specialty metals clause’’); or manufactured outside the United States, ERENCE.—Section 4123(f)(5) is amended by in the aggregate and by country; (6) laws requiring domestic preference for striking ‘‘section 2533b’’ and inserting ‘‘sec- (B) an itemized list of all waivers made maritime transport, including the Merchant tion 4863’’. under the Buy American Act with respect to Marine Act, 1920 (Public Law 66–261), com- (b) BERRY AMENDMENT REFERENCE.—Sec- articles, materials, or supplies, where avail- monly known as the ‘‘Jones Act’’; and tion 4126(1) is amended by striking ‘‘section able, and the country where such articles, (7) any other law, regulation, rule, or exec- 2533a’’ and inserting ‘‘section 4862’’. materials, or supplies were mined, produced, utive order relating to Federal financial as- (c) EFFECTIVE DATE.—The amendments or manufactured; sistance awards or Federal procurement, made by this section shall take effect on (C) if any articles, materials, or supplies that requires, or provides a preference for, January 1, 2022. were acquired from entities that mine, the purchase or acquisition of goods, prod- Subtitle B—BuyAmerican.gov ucts, or materials produced in the United produce, or manufacture such articles, mate- SEC. 4131. SHORT TITLE. rials, or supplies outside the United States States, including iron, steel, construction This subtitle may be cited as the due to an exception (that is not the micro- material, and manufactured goods offered in ‘‘BuyAmerican.gov Act of 2021’’. the United States. purchase threshold exception described SEC. 4132. DEFINITIONS. under section 8302(a)(2)(C) of title 41, United SEC. 4124. HOLLINGS MANUFACTURING EXTEN- In this subtitle: SION PARTNERSHIP ACTIVITIES. States Code), the specific exception that was (1) BUY AMERICAN LAW.—The term ‘‘Buy (a) USE OF HOLLINGS MANUFACTURING EX- used to purchase such articles, materials, or American law’’ means any law, regulation, TENSION PARTNERSHIP TO REFER NEW BUSI- supplies; and Executive order, or rule relating to Federal NESSES TO CONTRACTING OPPORTUNITIES.—The (D) if any articles, materials, or supplies contracts, grants, or financial assistance head of each Federal agency shall work with were acquired from entities that mine, the Director of the Hollings Manufacturing that requires or provides a preference for the produce, or manufacture such articles, mate- Extension Partnership, as necessary, to en- purchase or use of goods, products, or materials, or supplies outside the United States sure businesses participating in this Partner- rials mined, produced, or manufactured in pursuant to a reciprocal defense procure- ship are aware of their contracting opportu- the United States, including— ment memorandum of understanding (as de- nities. (A) chapter 83 of title 41, United States scribed in section 8304 of title 41, United (b) AUTOMATIC ENROLLMENT IN GSA ADVAN- Code (commonly referred to as the ‘‘Buy States Code), or a trade agreement or least TAGE!.—The Administrator of the General American Act’’); developed country designation described in Services Administration and the Secretary (B) section 5323(j) of title 49, United States subpart 25.400 of the Federal Acquisition of Commerce, acting through the Under Sec- Code; Regulation, a citation to such memorandum retary of Commerce for Standards and Tech- (C) section 313 of title 23, United States of understanding, trade agreement, or des- nology, shall jointly ensure that each busi- Code; ignation. ness that participates in the Hollings Manu- (D) section 50101 of title 49, United States (3) A description of the methods used by facturing Extension Partnership is auto- Code; each Federal agency to calculate the per- matically enrolled in General Services Ad- (E) section 24405 of title 49, United States centage domestic content of articles, mate- ministration Advantage!. Code;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2702 CONGRESSIONAL RECORD — SENATE May 18, 2021 (F) section 608 of the Federal Water Pollu- turers and other interested parties to easily for proposals, contracts, and nonproprietary tion Control Act (33 U.S.C. 1388); identify waivers. The website shall also in- communications with the prime contractor. (G) section 1452(a)(4) of the Safe Drinking clude the results of routine audits to deter- (d) NONAVAILABILITY WAIVERS.— Water Act (42 U.S.C. 300j–12(a)(4)); mine data errors and Buy American law vio- (1) IN GENERAL.—Except as provided under (H) section 5035 of the Water Resources Re- lations after the award of a contract. The paragraph (2), for a request citing nonavail- form and Development Act of 2014 (33 U.S.C. website shall provide publicly available con- ability as the statutory basis for a Buy 3914); tact information for the relevant con- American waiver, an executive agency shall (I) section 2533a of title 10, United States tracting agencies. provide an explanation of the procurement Code (commonly referred to as the ‘‘Berry (b) UTILIZATION OF EXISTING WEBSITE.—The official’s efforts to procure a product from a Amendment’’); and requirements of subsection (a) may be met domestic source and the reasons why a do- (J) section 2533b of title 10, United States by utilizing an existing website, provided mestic product was not available from a do- Code. that the address of that website is mestic source. Those explanations shall be (2) EXECUTIVE AGENCY.—The term ‘‘execu- BuyAmerican.gov. made available on BuyAmerican.gov prior to tive agency’’ has the meaning given the term SEC. 4137. WAIVER TRANSPARENCY AND STREAM- the issuance of the waiver, and the agency ‘‘agency’’ in paragraph (1) of section 3502 of LINING FOR CONTRACTS. shall consider public comments regarding title 44, United States Code, except that it (a) COLLECTION OF INFORMATION.—The Ad- the availability of the product before mak- does not include an independent regulatory ministrator of General Services, in consulta- ing a final determination. agency, as that term is defined in paragraph tion with the heads of relevant agencies, (2) EXCEPTION.—An explanation under (5) of such section. shall develop a mechanism to collect infor- paragraph (1) is not required for a product (3) BUY AMERICAN WAIVER.—The term ‘‘Buy mation on requests to invoke a Buy Amer- the nonavailability of which is established American waiver’’ refers to an exception to ican waiver for a Federal contract, utilizing by law or regulation. or waiver of any Buy American law, or the existing reporting requirements whenever SEC. 4138. COMPTROLLER GENERAL REPORT. terms and conditions used by an agency in possible, for purposes of providing early no- Not later than two years after the date of granting an exception to or waiver from Buy tice of possible waivers via the website es- the enactment of this Act, the Comptroller American laws. tablished under section 4136. General of the United States shall submit to SEC. 4133. SENSE OF CONGRESS ON BUYING (b) WAIVER TRANSPARENCY AND STREAM- Congress a report describing the implemen- AMERICAN. LINING.— tation of this subtitle, including rec- It is the sense of Congress that— (1) REQUIREMENT.—Prior to granting a re- ommendations for any legislation to improve (1) every executive agency should maxi- quest to waive a Buy American law, the head the collection and reporting of information mize, through terms and conditions of Fed- of an executive agency shall submit a re- regarding waivers of and exceptions to Buy eral financial assistance awards and Federal quest to invoke a Buy American waiver to American laws. procurements, the use of goods, products, the Administrator of General Services, and SEC. 4139. RULES OF CONSTRUCTION. and materials produced in the United States the Administrator of General Services shall (a) DISCLOSURE REQUIREMENTS.—Nothing in and contracts for outsourced government make the request available on or through this subtitle shall be construed as pre- service contracts to be performed by United the public website established under section empting, superseding, or otherwise affecting States nationals; 4136 for public comment for not less than 15 the application of any disclosure require- (2) every executive agency should scru- days. ment or requirements otherwise provided by pulously monitor, enforce, and comply with (2) EXCEPTION.—The requirement under law or regulation. Buy American laws, to the extent they paragraph (1) does not apply to a request for (b) ESTABLISHMENT OF SUCCESSOR INFORMA- apply, and minimize the use of waivers; and a Buy American waiver to satisfy an urgent TION SYSTEMS.—Nothing in this subtitle shall (3) every executive agency should use contracting need in an unforeseen and exi- be construed as preventing or otherwise lim- available data to routinely audit its compli- gent circumstance. iting the ability of the Administrator of ance with Buy American laws. (c) INFORMATION AVAILABLE TO THE EXECU- General Services to move the data required SEC. 4134. ASSESSMENT OF IMPACT OF FREE TIVE AGENCY CONCERNING THE REQUEST.— to be included on the website established TRADE AGREEMENTS. (1) REQUIREMENT.—No Buy American waiv- under subsection (a) to a successor informa- Not later than 150 days after the date of er for purposes of awarding a contract may tion system. Any such information system the enactment of this Act, the Secretary of be granted if, in contravention of subsection shall include a reference to Commerce, the United States Trade Rep- (b)— BuyAmerican.gov. resentative, and the Director of the Office of (A) information about the waiver was not SEC. 4140. CONSISTENCY WITH INTERNATIONAL Management and Budget shall assess the im- made available on the website under section AGREEMENTS. pacts in a publicly available report of all 4136; or This subtitle shall be applied in a manner United States free trade agreements, the (B) no opportunity for public comment consistent with United States obligations World Trade Organization Agreement on concerning the request was granted. under international agreements. Government Procurement, and Federal per- (2) SCOPE.—Information made available to SEC. 4141. PROSPECTIVE AMENDMENTS TO IN- mitting processes on the operation of Buy the public concerning the request included TERNAL CROSS-REFERENCES. American laws, including their impacts on on the website described in section 4136 shall (a) IN GENERAL.—Section 4132(1) is amend- the implementation of domestic procure- properly and adequately document and jus- ed— ment preferences. tify the statutory basis cited for the re- (1) in subparagraph (I), by striking ‘‘sec- SEC. 4135. JUDICIOUS USE OF WAIVERS. quested waiver. Such information shall in- tion 2533a’’ and inserting ‘‘section 4862’’; and (a) IN GENERAL.—To the extent permitted clude— (2) in subparagraph (J), by striking ‘‘sec- by law, a Buy American waiver that is deter- (A) a detailed justification for the use of tion 2533b’’ and inserting ‘‘section 4863’’. mined by an agency head or other relevant goods, products, or materials mined, pro- (b) EFFECTIVE DATE.—The amendments official to be in the public interest shall be duced, or manufactured outside the United made by subsection (a) shall take effect on construed to ensure the maximum utiliza- States; January 1, 2022. tion of goods, products, and materials pro- (B) for requests citing unreasonable cost as Subtitle C—Make PPE in America duced in the United States. the statutory basis of the waiver, a compari- (b) PUBLIC INTEREST WAIVER DETERMINA- son of the cost of the domestic product to SEC. 4151. SHORT TITLE. TIONS.—To the extent permitted by law, de- the cost of the foreign product or a compari- This subtitle may be cited as the ‘‘Make termination of public interest waivers shall son of the overall cost of the project with do- PPE in America Act’’. be made by the head of the agency with the mestic products to the overall cost of the SEC. 4152. FINDINGS. authority over the Federal financial assist- project with foreign-origin products or serv- Congress makes the following findings: ance award or Federal procurement under ices, pursuant to the requirements of the ap- (1) The COVID–19 pandemic has exposed consideration. plicable Buy American law, except that pub- the vulnerability of the United States supply SEC. 4136. ESTABLISHMENT OF licly available cost comparison data may be chains for, and lack of domestic production BUYAMERICAN.GOV WEBSITE. provided in lieu of proprietary pricing infor- of, personal protective equipment (PPE). (a) IN GENERAL.—Not later than one year mation; (2) The United States requires a robust, se- after the date of the enactment of this Act, (C) for requests citing the public interest cure, and wholly domestic PPE supply chain the Administrator of General Services shall as the statutory basis for the waiver, a de- to safeguard public health and national secu- establish an Internet website with the ad- tailed written statement, which shall include rity. dress BuyAmerican.gov that will be publicly all appropriate factors, such as potential ob- (3) Issuing a strategy that provides the available and free to access. The website ligations under international agreements, government’s anticipated needs over the shall include information on all waivers of justifying why the requested waiver is in the next three years will enable suppliers to as- and exceptions to Buy American laws since public interest; and sess what changes, if any, are needed in their the date of the enactment of this Act that (D) a certification that the procurement manufacturing capacity to meet expected de- have been requested, are under consider- official or assistance recipient made a good mands. ation, or have been granted by executive faith effort to solicit bids for domestic prod- (4) In order to foster a domestic PPE sup- agencies and be designed to enable manufac- ucts supported by terms included in requests ply chain, United States industry needs a

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2703 strong and consistent demand signal from (1) maximizes sources for personal protec- cally necessary equipment in the possession the Federal Government providing the nec- tive equipment that is assembled outside the of the Department. essary certainty to expand production capac- United States containing only materials and ‘‘(b) DETERMINATION BY SECRETARIES.— ity investment in the United States. components that are grown, reprocessed, re- ‘‘(1) IN GENERAL.—In carrying out this sec- (5) In order to effectively incentivize in- used, or produced in the United States; and tion— vestment in the United States and the re- (2) certifies every 120 days that it is nec- ‘‘(A) before requesting a transfer under shoring of manufacturing, long-term con- essary to procure personal protective equip- subsection (a), the Secretary of Health and tracts must be no shorter than three years in ment under alternative procedures to re- Human Services shall determine whether the duration. spond to the immediate needs of a public personal protective equipment or medically (6) To accomplish this aim, the United health emergency. necessary equipment is otherwise available; States should seek to ensure compliance (d) AVAILABILITY EXCEPTION.— and with its international obligations, such as (1) IN GENERAL.—Subsections (b) and (c) ‘‘(B) before initiating a transfer under sub- its commitments under the World Trade Or- shall not apply to an item of personal protec- section (a), the Secretary, in consultation ganization’s Agreement on Government Pro- tive equipment, or component or material with the heads of each component within the curement and its free trade agreements, in- thereof— Department, shall— cluding by invoking any relevant exceptions (A) that is, or that includes, a material ‘‘(i) determine whether the personal pro- to those agreements, especially those related listed in section 25.104 of the Federal Acqui- tective equipment or medically necessary to national security and public health. sition Regulation as one for which a non- equipment requested to be transferred under (7) The United States needs a long-term in- availability determination has been made; or subsection (a) is excess equipment; and vestment strategy for the domestic produc- (B) as to which the covered Secretary de- ‘‘(ii) certify that the transfer of the per- tion of PPE items critical to the United termines that a sufficient quantity of a sat- sonal protective equipment or medically nec- States national response to a public health isfactory quality that is grown, reprocessed, essary equipment will not adversely impact crisis, including the COVID–19 pandemic. reused, or produced in the United States can- the health or safety of officers, employees, or SEC. 4153. REQUIREMENT OF LONG-TERM CON- not be procured as, and when, needed at contractors of the Department. TRACTS FOR DOMESTICALLY MANU- United States market prices. ‘‘(2) NOTIFICATION.—The Secretary of FACTURED PERSONAL PROTECTIVE EQUIPMENT. (2) CERTIFICATION REQUIREMENT.—The cov- Health and Human Services and the Sec- (a) DEFINITIONS.—In this section: ered Secretary shall certify every 120 days retary shall each submit to Congress a noti- (1) APPROPRIATE CONGRESSIONAL COMMIT- that the exception under paragraph (1) is fication explaining the determination made TEES.—The term ‘‘appropriate congressional necessary to meet the immediate needs of a under subparagraphs (A) and (B), respec- committees’’ means— public health emergency. tively, of paragraph (1). (A) the Committee on Homeland Security (e) REPORT.— ‘‘(3) REQUIRED INVENTORY.— and Governmental Affairs, the Committee on (1) IN GENERAL.—Not later than 180 days ‘‘(A) IN GENERAL.—The Secretary shall— Health, Education, Labor, and Pensions, the after the date of the enactment of this Act, ‘‘(i) acting through the Chief Medical Offi- Committee on Finance, and the Committee the Director of the Office of Management cer of the Department, maintain an inven- on Veterans’ Affairs of the Senate; and and Budget, in consultation with the covered tory of all personal protective equipment (B) the Committee on Homeland Security, Secretaries, shall submit to the chairs and and medically necessary equipment in the the Committee on Oversight and Reform, the ranking members of the appropriate congres- possession of the Department; and Committee on Energy and Commerce, the sional committees a report on the procure- ‘‘(ii) make the inventory required under Committee on Ways and Means, and the ment of personal protective equipment. clause (i) available, on a continual basis, to— Committee on Veterans’ Affairs of the House (2) ELEMENTS.—The report required under ‘‘(I) the Secretary of Health and Human of Representatives. paragraph (1) shall include the following ele- Services; and (2) COVERED SECRETARY.—The term ‘‘cov- ments: ‘‘(II) the Committee on Appropriations and ered Secretary’’ means the Secretary of (A) The United States long-term domestic the Committee on Homeland Security and Homeland Security, the Secretary of Health procurement strategy for PPE produced in Governmental Affairs of the Senate and the and Human Services, and the Secretary of the United States, including strategies to Committee on Appropriations and the Com- Veterans Affairs. incentivize investment in and maintain mittee on Homeland Security of the House of (3) PERSONAL PROTECTIVE EQUIPMENT.—The United States supply chains for all PPE suf- Representatives. term ‘‘personal protective equipment’’ ficient to meet the needs of the United ‘‘(B) FORM.—Each inventory required to be means surgical masks, respirator masks and States during a public health emergency. made available under subparagraph (A) shall powered air purifying respirators and re- (B) An estimate of long-term demand quan- be submitted in unclassified form, but may quired filters, face shields and protective tities for all PPE items procured by the include a classified annex.’’. eyewear, gloves, disposable and reusable sur- United States. (B) TABLE OF CONTENTS AMENDMENT.—The gical and isolation gowns, head and foot cov- (C) Recommendations for congressional ac- table of contents in section 1(b) of the Home- erings, and other gear or clothing used to tion required to implement the United land Security Act of 2002 (Public Law 107–296; protect an individual from the transmission States Government’s procurement strategy. 116 Stat. 2135) is amended by inserting after of disease. (D) A determination whether all notifica- the item relating to section 528 the fol- (4) UNITED STATES.—The term ‘‘United tions, amendments, and other necessary ac- lowing: States’’ means the 50 States, the District of tions have been completed to bring the ‘‘Sec. 529. Transfer of equipment during a Columbia, and the possessions of the United United States existing international obliga- public health emergency.’’. States. tions into conformity with the statutory re- (3) STRATEGIC NATIONAL STOCKPILE.—Sec- (b) CONTRACT REQUIREMENTS FOR DOMESTIC quirements of this subtitle. tion 319F–2(a) of the Public Health Service PRODUCTION.—Beginning 90 days after the (f) AUTHORIZATION OF TRANSFER OF EQUIP- Act (42 U.S.C. 247d–6b(a)) is amended by add- date of the enactment of this Act, in order to MENT.— ing at the end the following: ensure the sustainment and expansion of per- (1) IN GENERAL.—A covered Secretary may ‘‘(6) TRANSFERS OF ITEMS.—The Secretary, sonal protective equipment manufacturing transfer to the Strategic National Stockpile in coordination with the Secretary of Home- in the United States and meet the needs of established under section 319F–2 of the Pub- land Security, may sell drugs, vaccines and the current pandemic response, any contract lic Health Service Act (42 U.S.C. 247d–6b) any for the procurement of personal protective other biological products, medical devices, excess personal protective equipment ac- or other supplies maintained in the stockpile equipment entered into by a covered Sec- quired under a contract executed pursuant to retary, or a covered Secretary’s designee, under paragraph (1) to a Federal agency or subsection (b). shall— private, nonprofit, State, local, tribal, or ter- (2) TRANSFER OF EQUIPMENT DURING A PUB- (1) be issued for a duration of at least 2 ritorial entity for immediate use and dis- LIC HEALTH EMERGENCY.— years, plus all option periods necessary, to tribution, provided that any such items (A) AMENDMENT.—Title V of the Homeland incentivize investment in the production of being sold are— Security Act of 2002 (6 U.S.C. 311 et seq.) is personal protective equipment and the mate- ‘‘(A) within 1 year of their expiration date; amended by adding at the end the following: rials and components thereof in the United or States; and ‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A ‘‘(B) determined by the Secretary to no (2) be for personal protective equipment, PUBLIC HEALTH EMERGENCY. longer be needed in the stockpile due to ad- including the materials and components ‘‘(a) AUTHORIZATION OF TRANSFER OF EQUIP- vances in medical or technical capabilities.’’. thereof, that is grown, reprocessed, reused, MENT.—During a public health emergency de- (g) COMPLIANCE WITH INTERNATIONAL or produced in the United States. clared by the Secretary of Health and AGREEMENTS.—The President or the Presi- (c) ALTERNATIVES TO DOMESTIC PRODUC- Human Services under section 319(a) of the dent’s designee shall take all necessary TION.—The requirement under subsection (b) Public Health Service Act (42 U.S.C. 247d(a)), steps, including invoking the rights of the shall not apply to an item of personal protec- the Secretary, at the request of the Sec- United States under Article III of the World tive equipment, or component or material retary of Health and Human Services, may Trade Organization’s Agreement on Govern- thereof if, after maximizing to the extent transfer to the Department of Health and ment Procurement and the relevant excep- feasible sources consistent with subsection Human Services, on a reimbursable basis, ex- tions of other relevant agreements to which (b), the covered Secretary— cess personal protective equipment or medi- the United States is a party, to ensure that

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2704 CONGRESSIONAL RECORD — SENATE May 18, 2021 the international obligations of the United report entitled ‘‘Key Considerations for the the AI in Government Act of 2020 (title I of States are consistent with the provisions of Responsible Development and Fielding of division U of Public Law 116–260); this subtitle. AI’’, as updated in April 2021; (ii) address protection of privacy, civil TITLE II—CYBER AND ARTIFICIAL (2) the principles articulated in Executive rights, and civil liberties; INTELLIGENCE Order 13960 (85 Fed. Reg. 78939; relating to (iii) address the ownership and security of promoting the use of trustworthy artificial data and other information created, used, Subtitle A—Advancing American AI intelligence in Government); and processed, stored, maintained, disseminated, SEC. 4201. SHORT TITLE. (3) the input of— disclosed, or disposed of by a contractor or This subtitle may be cited as the ‘‘Advanc- (A) the Privacy and Civil Liberties Over- subcontractor on behalf of the Federal Gov- ing American AI Act’’. sight Board; ernment; and SEC. 4202. PURPOSE. (B) relevant interagency councils, such as (iv) include considerations for securing the The purposes of this subtitle are to— the Federal Privacy Council, the Chief Infor- training data, algorithms, and other compo- (1) encourage agency artificial intel- mation Officers Council, and the Chief Data nents of any artificial intelligence system ligence-related programs and initiatives that Officers Council; against misuse, unauthorized alteration, enhance the competitiveness of the United (C) other governmental and nongovern- degradation, or rendering inoperable; and States and foster an approach to artificial mental privacy, civil rights, and civil lib- (B) address any other issue or concern de- intelligence that builds on the strengths of erties experts; and termined to be relevant by the Director to the United States in innovation and (D) any other individual or entity the Di- ensure appropriate use and protection of pri- entrepreneurialism; rector determines to be appropriate. vacy and Government data and other infor- (2) enhance the ability of the Federal Gov- (b) DEPARTMENT POLICIES AND PROCESSES mation. ernment to translate research advances into FOR PROCUREMENT AND USE OF ARTIFICIAL IN- (2) CONSULTATION.—In developing the con- artificial intelligence applications to mod- TELLIGENCE-ENABLED SYSTEMS.—Not later siderations under paragraph (1)(A)(iv), the ernize systems and assist agency leaders in than 180 days after the date of enactment of Director shall consult with the Secretary of fulfilling their missions; this Act— Homeland Security, the Director of the Na- (3) promote adoption of modernized busi- (1) the Secretary of Homeland Security, tional Institute of Standards and Tech- ness practices and advanced technologies with the participation of the Chief Procure- nology, and the Director of National Intel- across the Federal Government that align ment Officer, the Chief Information Officer, ligence. with the values of the United States, includ- the Chief Privacy Officer, and the Officer for (3) REVIEW.—The Director— ing the protection of privacy, civil rights, Civil Rights and Civil Liberties of the De- (A) should continuously update the means and civil liberties; and partment and any other person determined developed under paragraph (1); and (4) test and harness applied artificial intel- to be relevant by the Secretary of Homeland (B) not later than 2 years after the date of ligence to enhance mission effectiveness and Security, shall issue policies and procedures enactment of this Act and not less fre- business practice efficiency. for the Department related to— quently than every 2 years thereafter, shall SEC. 4203. DEFINITIONS. (A) the acquisition and use of artificial in- update the means developed under paragraph (1). In this subtitle: telligence; and (4) BRIEFING.—The Director shall brief the (1) AGENCY.—The term ‘‘agency’’ has the (B) considerations for the risks and im- appropriate congressional committees— meaning given the term in section 3502 of pacts related to artificial intelligence-en- (A) not later than 90 days after the date of title 44, United States Code. abled systems, including associated data of enactment of this Act and thereafter on a (2) APPROPRIATE CONGRESSIONAL COMMIT- machine learning systems, to ensure that quarterly basis until the Director first im- TEES.—The term ‘‘appropriate congressional full consideration is given to— plements the means developed under para- committees’’ means— (i) the privacy, civil rights, and civil lib- graph (1); and (A) the Committee on Homeland Security erties impacts of artificial intelligence-en- (B) annually thereafter on the implemen- and Governmental Affairs of the Senate; and abled systems; and tation of this subsection. (B) the Committee on Oversight and Re- (ii) security against misuse, degradation, (5) SUNSET.—This subsection shall cease to form of the House of Representatives. or rending inoperable of artificial intel- be effective on the date that is 5 years after (3) ARTIFICIAL INTELLIGENCE.—The term ligence-enabled systems; and the date of enactment of this Act. ‘‘artificial intelligence’’ has the meaning (2) the Chief Privacy Officer and the Offi- given the term in section 238(g) of the John cer for Civil Rights and Civil Liberties of the SEC. 4205. AGENCY INVENTORIES AND ARTIFI- CIAL INTELLIGENCE USE CASES. S. McCain National Defense Authorization Department shall report to Congress on any (a) INVENTORY.—Not later than 60 days Act for Fiscal Year 2019 (10 U.S.C. 2358 note). additional staffing or funding resources that after the date of enactment of this Act, and (4) ARTIFICIAL INTELLIGENCE SYSTEM.—The may be required to carry out the requirements of this subsection. continuously thereafter for a period of 5 term ‘‘artificial intelligence system’’— years, the Director, in consultation with the (c) INSPECTOR GENERAL.—Not later than 180 (A) means any data system, software, ap- Chief Information Officers Council, the Chief days after the date of enactment of this Act, plication, tool, or utility that operates in Data Officers Council, and other interagency whole or in part using dynamic or static ma- the Inspector General of the Department bodies as determined to be appropriate by chine learning algorithms or other forms of shall identify any training and investments the Director, shall require the head of each artificial intelligence, whether— needed to enable employees of the Office of agency to— (i) the data system, software, application, the Inspector General to continually advance (1) prepare and maintain an inventory of tool, or utility is established primarily for their understanding of— the artificial intelligence use cases of the the purpose of researching, developing, or (1) artificial intelligence systems; agency, including current and planned uses; implementing artificial intelligence tech- (2) best practices for governance, over- (2) share agency inventories with other nology; or sight, and audits of the use of artificial intel- agencies, to the extent practicable and con- (ii) artificial intelligence capability is in- ligence systems; and sistent with applicable law and policy, integrated into another system or agency busi- (3) how the Office of the Inspector General cluding those concerning protection of pri- ness process, operational activity, or tech- is using artificial intelligence to enhance vacy and of sensitive law enforcement, na- nology system; and audit and investigative capabilities, includ- tional security, and other protected informa- (B) does not include any common commer- ing actions to— tion; and cial product within which artificial intel- (A) ensure the integrity of audit and inves- (3) make agency inventories available to ligence is embedded, such as a word proc- tigative results; and the public, in a manner determined by the essor or map navigation system. (B) guard against bias in the selection and Director, and to the extent practicable and (5) DEPARTMENT.—The term ‘‘Department’’ conduct of audits and investigations. in accordance with applicable law and pol- means the Department of Homeland Secu- (d) ARTIFICIAL INTELLIGENCE HYGIENE AND icy, including those concerning the protec- rity. PROTECTION OF GOVERNMENT INFORMATION, tion of privacy and of sensitive law enforce- (6) DIRECTOR.—The term ‘‘Director’’ means PRIVACY, CIVIL RIGHTS, AND CIVIL LIB- ment, national security, and other protected the Director of the Office of Management ERTIES.— information. and Budget. (1) ESTABLISHMENT.—Not later than 1 year (b) CENTRAL INVENTORY.—The Director is SEC. 4204. PRINCIPLES AND POLICIES FOR USE after the date of enactment of this Act, the encouraged to designate a host entity and OF ARTIFICIAL INTELLIGENCE IN Director, in consultation with a working ensure the creation and maintenance of an GOVERNMENT. group consisting of members selected by the online public directory to— (a) GUIDANCE.—The Director shall, when Director from appropriate interagency coun- (1) make agency artificial intelligence use developing the guidance required under sec- cils, shall develop an initial means by which case information available to the public and tion 104(a) of the AI in Government Act of to— those wishing to do business with the Fed- 2020 (title I of division U of Public Law 116– (A) ensure that contracts for the acquisi- eral Government; and 260), consider— tion of an artificial intelligence system or (2) identify common use cases across agen- (1) the considerations and recommended service— cies. practices identified by the National Security (i) align with the guidance issued to the (c) SHARING.—The sharing of agency inven- Commission on Artificial Intelligence in the head of each agency under section 104(a) of tories described in subsection (a)(2) may be

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(B) by amending paragraph (2) to read as other interagency bodies to improve inter- (B) Applied artificial intelligence to accel- follows: agency coordination and information sharing erate agency investment return and address ‘‘(2) PROTOTYPE PROJECTS.—The Sec- for common use cases. mission-oriented challenges, such as— retary— SEC. 4206. RAPID PILOT, DEPLOYMENT AND (i) applied artificial intelligence portfolio ‘‘(A) may, under the authority of para- SCALE OF APPLIED ARTIFICIAL IN- management for agencies; graph (1), carry out prototype projects under TELLIGENCE CAPABILITIES TO DEM- (ii) workforce development and upskilling; section 2371b of title 10, United States Code; ONSTRATE MODERNIZATION ACTIVI- TIES RELATED TO USE CASES. (iii) redundant and laborious analyses; and (a) IDENTIFICATION OF USE CASES.—Not (iv) determining compliance with Govern- ‘‘(B) in applying the authorities of such later than 270 days after the date of enactment requirements, such as with grants section 2371b, the Secretary shall perform ment of this Act, the Director, in consulta- management; or the functions of the Secretary of Defense as tion with the Chief Information Officers (v) outcomes measurement to measure eco- prescribed in such section.’’; Council, the Chief Data Officers Council, and nomic and social benefits. (2) in subsection (c)(1), by striking ‘‘Sep- other interagency bodies as determined to be (6) REQUIREMENTS.—Not later than 3 years tember 30, 2017’’ and inserting ‘‘September appropriate by the Director, shall identify 4 after the date of enactment of this Act, the 30, 2024’’; and new use cases for the application of artificial Director, in coordination with the heads of (3) in subsection (d), by striking ‘‘section intelligence-enabled systems to support relevant agencies and other officials as the 845(e)’’ and all that follows and inserting interagency or intra-agency modernization Director determines to be appropriate, shall ‘‘section 2371b(e) of title 10, United States initiatives that require linking multiple establish an artificial intelligence capability Code.’’. siloed internal and external data sources, within each of the 4 use case pilots under (c) COMMERCIAL OFF THE SHELF SUPPLY consistent with applicable laws and policies, this subsection that— CHAIN RISK MANAGEMENT TOOLS.—The Gen- including those relating to the protection of (A) solves data access and usability issues eral Services Administration is encouraged privacy and of sensitive law enforcement, na- with automated technology and eliminates to pilot commercial off the shelf supply tional security, and other protected informa- or minimizes the need for manual data chain risk management tools to improve the tion. cleansing and harmonization efforts; ability of the Federal Government to charac- (b) PILOT PROGRAM.— (B) continuously and automatically ingests terize, monitor, predict, and respond to spe- (1) PURPOSES.—The purposes of the pilot data and updates domain models in near cific supply chain threats and vulnerabilities program under this subsection include— real-time to help identify new patterns and that could inhibit future Federal acquisition (A) to enable agencies to operate across or- predict trends, to the extent possible, to help operations. ganizational boundaries, coordinating be- agency personnel to make better decisions Subtitle B—Cyber Response and Recovery tween existing established programs and and take faster actions; SEC. 4251. SHORT TITLE. silos to improve delivery of the agency mis- (C) organizes data for meaningful data vis- This subtitle may be cited as the ‘‘Cyber sion; and ualization and analysis so the Government Response and Recovery Act’’. (B) to demonstrate the circumstances has predictive transparency for situational SEC. 4252. DECLARATION OF A SIGNIFICANT INCI- under which artificial intelligence can be awareness to improve use case outcomes; DENT. used to modernize or assist in modernizing (D) is rapidly configurable to support mul- (a) IN GENERAL.—Title XXII of the Home- legacy agency systems. tiple applications and automatically adapts land Security Act of 2002 (6 U.S.C. 651 et seq.) (2) DEPLOYMENT AND PILOT.—Not later than to dynamic conditions and evolving use case is amended by adding at the end the fol- 1 year after the date of enactment of this requirements, to the extent possible; lowing: Act, the Director, in coordination with the (E) enables knowledge transfer and col- ‘‘Subtitle C—Declaration of a Significant heads of relevant agencies and other officials laboration across agencies; and Incident as the Director determines to be appropriate, (F) preserves intellectual property rights shall ensure the initiation of the piloting of ‘‘SEC. 2231. SENSE OF CONGRESS. to the data and output for benefit of the Fed- ‘‘It is the sense of Congress that— the 4 new artificial intelligence use case ap- eral Government and agencies. plications identified under subsection (a), ‘‘(1) the purpose of this subtitle is to au- (c) BRIEFING.—Not earlier than 270 days leveraging commercially available tech- thorize the Secretary to declare that a sig- but not later than 1 year after the date of en- nificant incident has occurred and to estab- nologies and systems to demonstrate scal- actment of this Act, and annually thereafter able artificial intelligence-enabled capabili- lish the authorities that are provided under for 4 years, the Director shall brief the ap- ties to support the use cases identified under the declaration to respond to and recover propriate congressional committees on the subsection (a). from the significant incident; and activities carried out under this section and (3) RISK EVALUATION AND MITIGATION ‘‘(2) the authorities established under this results of those activities. PLAN.—In carrying out paragraph (2), the Di- subtitle are intended to enable the Secretary (d) SUNSET.—The section shall cease to be rector shall require the heads of agencies to provide voluntary assistance to non-Fed- effective on the date that is 5 years after the to— eral entities impacted by a significant inci- date of enactment of this Act. (A) evaluate risks in utilizing artificial in- dent. telligence systems; and SEC. 4207. ENABLING ENTREPRENEURS AND ‘‘SEC. 2232. DEFINITIONS. (B) develop a risk mitigation plan to ad- AGENCY MISSIONS. ‘‘For the purposes of this subtitle: dress those risks, including consideration (a) INNOVATIVE COMMERCIAL ITEMS.—Sec- ‘‘(1) ASSET RESPONSE ACTIVITY.—The term of— tion 880 of the National Defense Authoriza- ‘asset response activity’ means an activity (i) the artificial intelligence system not tion Act for Fiscal Year 2017 (41 U.S.C. 3301 to support an entity impacted by an incident performing as expected; note) is amended— with the response to, remediation of, or re- (ii) the lack of sufficient or quality train- (1) in subsection (c), by striking covery from, the incident, including— ing data; and $10,000,000’’ and inserting ‘‘$25,000,000’’; ‘‘(A) furnishing technical and advisory as- (iii) the vulnerability of a utilized artifi- (2) by amending subsection (f) to read as sistance to the entity to protect the assets of cial intelligence system to unauthorized ma- follows: the entity, mitigate vulnerabilities, and re- nipulation or misuse. ‘‘(f) DEFINITIONS.—In this section— duce the related impacts; (4) PRIORITIZATION.—In carrying out para- ‘‘(1) the term ‘commercial product’— ‘‘(B) assessing potential risks to the crit- graph (2), the Director shall prioritize mod- ‘‘(A) has the meaning given the term ‘com- ical infrastructure sector or geographic re- ernization projects that— mercial item’ in section 2.101 of the Federal gion impacted by the incident, including po- (A) would benefit from commercially avail- Acquisition Regulation; and tential cascading effects of the incident on able privacy-preserving techniques, such as ‘‘(B) includes a commercial product or a other critical infrastructure sectors or geo- use of differential privacy, federated learn- commercial service, as defined in sections graphic regions; ing, and secure multiparty computing; and 103 and 103a, respectively, of title 41, United ‘‘(C) developing courses of action to miti- (B) otherwise take into account consider- States Code; and gate the risks assessed under subparagraph ations of civil rights and civil liberties. ‘‘(2) the term ‘innovative’ means— (B); (5) USE CASE MODERNIZATION APPLICATION ‘‘(A) any new technology, process, or meth- ‘‘(D) facilitating information sharing and AREAS.—Use case modernization application od, including research and development; or operational coordination with entities per- areas described in paragraph (2) shall include ‘‘(B) any new application of an existing forming threat response activities; and not less than 1 from each of the following technology, process, or method.’’; and ‘‘(E) providing guidance on how best to use categories: (3) in subsection (g), by striking ‘‘2022’’ and Federal resources and capabilities in a time- (A) Applied artificial intelligence to drive insert ‘‘2027’’. ly, effective manner to speed recovery from agency productivity efficiencies in predictive (b) DHS OTHER TRANSACTION AUTHORITY.— the incident. supply chain and logistics, such as— Section 831 of the Homeland Security Act of ‘‘(2) DECLARATION.—The term ‘declaration’ (i) predictive food demand and optimized 2002 (6 U.S.C. 391) is amended— means a declaration of the Secretary under supply; (1) in subsection (a)— section 2233(a)(1).

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‘‘(3) DIRECTOR.—The term ‘Director’ means retary shall publish the declaration or re- the Fund to submit a report to the Secretary the Director of the Cybersecurity and Infra- newal in the Federal Register. that details the specific use of the amounts. structure Security Agency. ‘‘(2) PROHIBITION.—A declaration or re- ‘‘SEC. 2235. NOTIFICATION AND REPORTING. ‘‘(4) FEDERAL AGENCY.—The term ‘Federal newal published under paragraph (1) may not ‘‘(a) NOTIFICATION.—Upon a declaration or agency’ has the meaning given the term include the name of any affected individual renewal, the Secretary shall immediately ‘agency’ in section 3502 of title 44, United or private company. notify the National Cyber Director and ap- States Code. ‘‘(f) ADVANCE ACTIONS.— propriate congressional committees and in- ‘‘(5) FUND.—The term ‘Fund’ means the ‘‘(1) IN GENERAL.—The Secretary— clude in the notification— Cyber Response and Recovery Fund estab- ‘‘(A) shall assess the resources available to ‘‘(1) an estimation of the planned duration lished under section 2234(a). respond to a potential declaration; and of the declaration; ‘‘(6) INCIDENT.—The term ‘incident’ has the ‘‘(B) may take actions before and while a ‘‘(2) with respect to a notification of a dec- meaning given the term in section 3552 of declaration is in effect to arrange or procure laration, the reason for the declaration, in- title 44, United States Code. additional resources for asset response ac- cluding information relating to the specific ‘‘(7) RENEWAL.—The term ‘renewal’ means tivities or technical assistance the Secretary significant incident or imminent specific sig- a renewal of a declaration under section determines necessary, which may include en- nificant incident, including— 2233(d). tering into standby contracts with private ‘‘(A) the operational or mission impact or ‘‘(8) SIGNIFICANT INCIDENT.—The term ‘sig- entities for cybersecurity services or inci- anticipated impact of the specific significant nificant incident’— dent responders in the event of a declaration. incident on Federal and non-Federal enti- ‘‘(A) means an incident or a group of re- ‘‘(2) EXPENDITURE OF FUNDS.—Any expendi- ties; lated incidents that results, or is likely to ture from the Fund for the purpose of para- ‘‘(B) if known, the perpetrator of the spe- result, in demonstrable harm to— graph (1)(B) shall be made from amounts cific significant incident; and ‘‘(i) the national security interests, foreign available in the Fund, and amounts available ‘‘(C) the scope of the Federal and non-Fed- relations, or economy of the United States; in the Fund shall be in addition to any other eral entities impacted or anticipated to be or appropriations available to the Cybersecu- impacted by the specific significant incident; ‘‘(ii) the public confidence, civil liberties, rity and Infrastructure Security Agency for ‘‘(3) with respect to a notification of a re- or public health and safety of the people of such purpose. newal, the reason for the renewal; the United States; and ‘‘SEC. 2234. CYBER RESPONSE AND RECOVERY ‘‘(4) justification as to why available re- ‘‘(B) does not include an incident or a por- FUND. sources, other than the Fund, are insuffi- tion of a group of related incidents that oc- ‘‘(a) IN GENERAL.—There is established a cient to respond to or mitigate the specific curs on— Cyber Response and Recovery Fund, which significant incident; and ‘‘(i) a national security system (as defined shall be available for— ‘‘(5) a description of the coordination ac- in section 3552 of title 44, United States ‘‘(1) the coordination of activities de- tivities described in section 2233(b) that the Code); or scribed in section 2233(b); Secretary anticipates the Director to per- ‘‘(ii) an information system described in ‘‘(2) response and recovery support for the form. paragraph (2) or (3) of section 3553(e) of title specific significant incident associated with ‘‘(b) REPORT TO CONGRESS.—Not later than 44, United States Code. a declaration to Federal, State, local, and 180 days after the date of a declaration or re- ‘‘SEC. 2233. DECLARATION. Tribal, entities and public and private enti- newal, the Secretary shall submit to the ap- ‘‘(a) IN GENERAL.— ties on a reimbursable or non-reimbursable propriate congressional committees a report ‘‘(1) DECLARATION.—The Secretary, in con- basis, including through asset response ac- that includes— sultation with the National Cyber Director, tivities and technical assistance, such as— ‘‘(1) the reason for the declaration or re- may make a declaration of a significant inci- ‘‘(A) vulnerability assessments and mitiga- newal, including information and intel- dent in accordance with this section for the tion; ligence relating to the specific significant in- purpose of enabling the activities described ‘‘(B) technical incident mitigation; cident that led to the declaration or renewal; in this subtitle if the Secretary determines ‘‘(C) malware analysis; ‘‘(2) the use of any funds from the Fund for that— ‘‘(D) analytic support; the purpose of responding to the incident or ‘‘(A) a specific significant incident— ‘‘(E) threat detection and hunting; and threat described in paragraph (1); ‘‘(i) has occurred; or ‘‘(F) network protections; ‘‘(3) a description of the actions, initia- ‘‘(ii) is likely to occur imminently; and ‘‘(3) as the Director determines appro- tives, and projects undertaken by the De- ‘‘(B) otherwise available resources, other priate, grants for, or cooperative agreements partment and State and local governments than the Fund, are likely insufficient to re- with, Federal, State, local, and Tribal public and public and private entities in responding spond effectively to, or to mitigate effec- and private entities to respond to, and re- to and recovering from the specific signifi- tively, the specific significant incident de- cover from, the specific significant incident cant incident described in paragraph (1); scribed in subparagraph (A). associated with a declaration, such as— ‘‘(4) an accounting of the specific obliga- ‘‘(2) PROHIBITION ON DELEGATION.—The Sec- ‘‘(A) hardware or software to replace, up- tions and outlays of the Fund; and retary may not delegate the authority pro- date, improve, harden, or enhance the ‘‘(5) an analysis of— vided to the Secretary under paragraph (1). functionality of existing hardware, software, ‘‘(A) the impact of the specific significant ‘‘(b) ASSET RESPONSE ACTIVITIES.—Upon a or systems; and declaration, the Director shall coordinate— incident described in paragraph (1) on Fed- ‘‘(B) technical contract personnel support; ‘‘(1) the asset response activities of each eral and non-Federal entities; and Federal agency in response to the specific ‘‘(B) the impact of the declaration or re- ‘‘(4) advance actions taken by the Sec- significant incident associated with the dec- newal on the response to, and recovery from, retary under section 2233(f)(1)(B). laration; and the specific significant incident described in ‘‘(2) with appropriate entities, which may ‘‘(b) DEPOSITS AND EXPENDITURES.— paragraph (1); and include— ‘‘(1) IN GENERAL.—Amounts shall be depos- ‘‘(C) the impact of the funds made avail- ‘‘(A) public and private entities and State ited into the Fund from— able from the Fund as a result of the declara- and local governments with respect to the ‘‘(A) appropriations to the Fund for activi- tion or renewal on the recovery from, and re- asset response activities of those entities ties of the Fund; and sponse to, the specific significant incident and governments; and ‘‘(B) reimbursement from Federal agencies described in paragraph (1). ‘‘(B) Federal, State, local, and Tribal law for the activities described in paragraphs (1), ‘‘(c) CLASSIFICATION.—Each notification enforcement agencies with respect to inves- (2), and (4) of subsection (a), which shall only made under subsection (a) and each report tigations and threat response activities of be from amounts made available in advance submitted under subsection (b)— those law enforcement agencies; and in appropriations Acts for such reimburse- ‘‘(1) shall be in an unclassified form with ‘‘(3) Federal, State, local, and Tribal emer- ment. appropriate markings to indicate informa- gency management and response agencies. ‘‘(2) EXPENDITURES.—Any expenditure from tion that is exempt from disclosure under ‘‘(c) DURATION.—Subject to subsection (d), the Fund for the purposes of this subtitle section 552 of title 5, United States Code a declaration shall terminate upon the ear- shall be made from amounts available in the (commonly known as the ‘Freedom of Infor- lier of— Fund from a deposit described in paragraph mation Act’); and ‘‘(1) a determination by the Secretary that (1), and amounts available in the Fund shall ‘‘(2) may include a classified annex. the declaration is no longer necessary; or be in addition to any other appropriations ‘‘(d) CONSOLIDATED REPORT.—The Sec- ‘‘(2) the expiration of the 120-day period be- available to the Cybersecurity and Infra- retary shall not be required to submit mul- ginning on the date on which the Secretary structure Security Agency for such purposes. tiple reports under subsection (b) for mul- makes the declaration. ‘‘(c) SUPPLEMENT NOT SUPPLANT.— tiple declarations or renewals if the Sec- ‘‘(d) RENEWAL.—The Secretary, without Amounts in the Fund shall be used to supple- retary determines that the declarations or delegation, may renew a declaration as nec- ment, not supplant, other Federal, State, renewals substantively relate to the same essary. local, or Tribal funding for activities in re- specific significant incident. ‘‘(e) PUBLICATION.— sponse to a declaration. ‘‘(e) EXEMPTION.—The requirements of sub- ‘‘(1) IN GENERAL.—Not later than 72 hours ‘‘(d) REPORTING.—The Secretary shall re- chapter I of chapter 35 of title 44 (commonly after a declaration or a renewal, the Sec- quire an entity that receives amounts from known as the ‘Paperwork Reduction Act’)

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2707 shall not apply to the voluntary collection of Act, the agency head or the Director, as ap- (1) not later than 1 year after the date of information by the Department during an in- plicable, shall ensure that the Federal enactment of this Act, shall prescribe regu- vestigation of, a response to, or an imme- reskilling program— lations for the reporting requirements and diate post-response review of, the specific (1) is implemented in a manner that is in metrics and procedures under subsection (c); significant incident leading to a declaration accordance with the bar on prohibited per- (2) may prescribe additional regulations, as or renewal. sonnel practices under section 2302 of title 5, the Director determines necessary, to pro- ‘‘SEC. 2236. RULE OF CONSTRUCTION. United States Code, and consistent with the vide for requirements with respect to, and ‘‘Nothing in this subtitle shall be con- merit system principles under section 2301 of the implementation of, Federal reskilling strued to impair or limit the ability of the title 5, United States Code, including by programs; and Director to carry out the authorized activi- using merit-based selection procedures for (3) with respect to any regulation pre- ties of the Cybersecurity and Infrastructure participation by employees in the Federal scribed under this subsection, shall brief the Security Agency. reskilling program; appropriate committees of Congress with re- (2) includes appropriate limitations or respect to the regulation not later than 30 days ‘‘SEC. 2237. AUTHORIZATION OF APPROPRIA- strictions associated with implementing the TIONS. before the date on which the final version of Federal reskilling program, which shall be ‘‘There are authorized to be appropriated the regulation is published. consistent with any regulations prescribed (f) RULE OF CONSTRUCTION.—Nothing in this to the Fund $20,000,000 for fiscal year 2022, by the Director under subsection (e); section may be construed to require the head which shall remain available until Sep- (3) provides that any new position to which of an agency or the Director to establish a tember 30, 2028. an employee who participates in the Federal Federal reskilling program. ‘‘SEC. 2238. SUNSET. reskilling program is transferred will utilize (g) USE OF FUNDS.—Any Federal reskilling ‘‘The authorities granted to the Secretary the technical skill or expertise that the em- program established by the head of an agen- or the Director under this subtitle shall ex- ployee acquired by participating in the Fed- cy or the Director shall be carried out using pire on the date that is 7 years after the date eral reskilling program; amounts otherwise made available to that of enactment of this subtitle.’’. (4) includes the option for an employee par- agency head or the Director, as applicable. (b) CLERICAL AMENDMENT.—The table of ticipating in the Federal reskilling program Subtitle B—Federal Rotational Cyber contents in section 1(b) of the Homeland Se- to return to the original position of the em- Workforce Program curity Act of 2002 (Public Law 107–296; 116 ployee, or a similar position, particularly if Stat. 2135) is amended by adding at the end SEC. 4351. SHORT TITLE. the employee is unsuccessful in the position This subtitle may be cited as the ‘‘Federal the following: to which the employee transfers after com- Rotational Cyber Workforce Program Act of ‘‘Subtitle C—Declaration of a Significant pleting the Federal reskilling program; 2021’’. (5) provides that an employee who success- Incident SEC. 4352. DEFINITIONS. ‘‘Sec. 2231. Sense of Congress. fully completes the Federal reskilling pro- In this subtitle: gram and transfers to a position that re- ‘‘Sec. 2232. Definitions. (1) AGENCY.—The term ‘‘agency’’ has the ‘‘Sec. 2233. Declaration. quires the technical skill or expertise pro- meaning given the term ‘‘Executive agency’’ ‘‘Sec. 2234. Cyber response and recovery vided through the Federal reskilling pro- in section 105 of title 5, United States Code, fund. gram shall be entitled to have the grade of except that the term does not include the ‘‘Sec. 2235. Notification and reporting. the position held immediately before the Government Accountability Office. transfer in a manner in accordance with sec- ‘‘Sec. 2236. Rule of construction. (2) COMPETITIVE SERVICE.—The term ‘‘com- ‘‘Sec. 2237. Authorization of appropriations. tion 5362 of title 5, United States Code; petitive service’’ has the meaning given that ‘‘Sec. 2238. Sunset.’’. (6) provides that an employee serving in a term in section 2102 of title 5, United States position in the excepted service may not Code. TITLE III—PERSONNEL transfer to a position in the competitive (3) COUNCILS.—The term ‘‘Councils’’ Subtitle A—Facilitating Federal Employee service solely by reason of the completion of Reskilling means— the Federal reskilling program by the em- (A) the Chief Human Capital Officers Coun- SEC. 4301. SHORT TITLE. ployee; and cil established under section 1303 of the Chief This subtitle may be cited as the ‘‘Facili- (7) includes a mechanism to track out- Human Capital Officers Act of 2002 (5 U.S.C. tating Federal Employee Reskilling Act’’. comes of the Federal reskilling program in 1401 note); and SEC. 4302. RESKILLING FEDERAL EMPLOYEES. accordance with the metrics established (B) the Chief Information Officers Council under subsection (c). (a) DEFINITIONS.—In this section: established under section 3603 of title 44, (c) REPORTING AND METRICS.—Not later (1) AGENCY.—The term ‘‘agency’’ has the United States Code. than 1 year after the date of enactment of meaning given the term ‘‘Executive agency’’ this Act, the Director shall establish report- (4) CYBER WORKFORCE POSITION.—The term in section 105 of title 5, United States Code. ing requirements for, and standardized ‘‘cyber workforce position’’ means a position (2) APPROPRIATE COMMITTEES OF CON- metrics and procedures for agencies to track identified as having information technology, GRESS.—The term ‘‘appropriate committees outcomes of, Federal reskilling programs, cybersecurity, or other cyber-related func- of Congress’’ means— which shall include, with respect to each tions under section 303 of the Federal Cyber- (A) the Committee on Homeland Security Federal reskilling program— security Workforce Assessment Act of 2015 (5 and Governmental Affairs of the Senate; and (1) providing a summary of the Federal U.S.C. 301 note). (B) the Committee on Oversight and Re- reskilling program; (5) DIRECTOR.—The term ‘‘Director’’ means form of the House of Representatives. (2) collecting and reporting demographic the Director of the Office of Personnel Man- (3) COMPETITIVE SERVICE.—The term ‘‘com- and employment data with respect to em- agement. petitive service’’ has the meaning given the ployees who have applied for, participated (6) EMPLOYEE.—The term ‘‘employee’’ has term in section 2102 of title 5, United States in, or completed the Federal reskilling pro- the meaning given the term in section 2105 of Code. gram; title 5, United States Code. (4) DIRECTOR.—The term ‘‘Director’’ means (3) attrition of employees who have com- (7) EMPLOYING AGENCY.—The term ‘‘em- the Director of the Office of Personnel Man- pleted the Federal reskilling program; and ploying agency’’ means the agency from agement. (4) any other measures or outcomes that which an employee is detailed to a rotational (5) EMPLOYEE.—The term ‘‘employee’’ the Director determines to be relevant. cyber workforce position. means an employee serving in a position in (d) GAO REPORT.—Not later than 3 years (8) EXCEPTED SERVICE.—The term ‘‘ex- the competitive service or the excepted serv- after the date of enactment of this Act, the cepted service’’ has the meaning given that ice. Comptroller General of the United States term in section 2103 of title 5, United States (6) EXCEPTED SERVICE.—The term ‘‘ex- shall conduct a comprehensive study of, and Code. cepted service’’ has the meaning given the submit to Congress a report on, Federal (9) ROTATIONAL CYBER WORKFORCE POSI- term in section 2103 of title 5, United States reskilling programs that includes— TION.—The term ‘‘rotational cyber workforce Code. (1) a summary of each Federal reskilling position’’ means a cyber workforce position (7) FEDERAL RESKILLING PROGRAM.—The program and methods by which each Federal with respect to which a determination has term ‘‘Federal reskilling program’’ means a reskilling program recruits, selects, and re- been made under section 4353(a)(1). program established by the head of an agen- trains employees; (10) ROTATIONAL CYBER WORKFORCE PRO- cy or the Director to provide employees with (2) an analysis of the accessibility of each GRAM.—The term ‘‘rotational cyber work- the technical skill or expertise that would Federal reskilling program for a diverse set force program’’ means the program for the qualify the employees to serve in a different of candidates; detail of employees among rotational cyber position in the competitive service or the ex- (3) an evaluation of the effectiveness, workforce positions at agencies. cepted service that requires such technical costs, and benefits of the Federal reskilling (11) SECRETARY.—The term ‘‘Secretary’’ skill or expertise. programs; and means the Secretary of Homeland Security. (b) REQUIREMENTS.—With respect to a Fed- (4) recommendations to improve Federal SEC. 4353. ROTATIONAL CYBER WORKFORCE PO- eral reskilling program established by the reskilling programs to accomplish the goal SITIONS. head of an agency or by the Director before, of reskilling the Federal workforce. (a) DETERMINATION WITH RESPECT TO ROTA- on, or after the date of enactment of this (e) REGULATIONS.—The Director— TIONAL SERVICE.—

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(1) IN GENERAL.—The head of each agency (4) provide that an employee shall be eligi- cyber workforce position under the rota- may determine that a cyber workforce posi- ble to participate in the rotational cyber tional cyber workforce program in a manner tion in that agency is eligible for the rota- workforce program if the head of the em- that is consistent with the merit system tional cyber workforce program, which shall ploying agency of the employee, or a des- principles under section 2301(b) of title 5, not be construed to modify the requirement ignee of the head of the employing agency of United States Code. under section 4354(b)(3) that participation in the employee, approves of the participation (B) TERM.—Except as provided in subpara- the rotational cyber workforce program by of the employee; graph (C), and notwithstanding section an employee shall be voluntary. (5) provide that the detail of an employee 3341(b) of title 5, United States Code, a detail (2) NOTICE PROVIDED.—The head of an agen- to a rotational cyber workforce position to a rotational cyber workforce position cy shall submit to the Director— under the rotational cyber workforce pro- shall be for a period of not less than 180 days (A) notice regarding any determination gram shall be on a nonreimbursable basis; and not more than 1 year. made by the head of the agency under para- (6) provide that agencies may agree to (C) EXTENSION.—The Chief Human Capital graph (1); and partner to ensure that the employing agency Officer of the agency to which an employee (B) for each position with respect to which of an employee who participates in the rota- is detailed under the rotational cyber work- the head of the agency makes a determina- tional cyber workforce program is able to fill force program may extend the period of a de- tion under paragraph (1), the information re- the position vacated by the employee; tail described in subparagraph (B) for a pe- quired under subsection (b)(1). (7) require that an employee detailed to a riod of 60 days unless the Chief Human Cap- (b) PREPARATION OF LIST.—The Director, rotational cyber workforce position under ital Officer of the employing agency of the with assistance from the Councils and the the rotational cyber workforce program, employee objects to that extension. Secretary, shall develop a list of rotational upon the end of the period of service with re- (4) WRITTEN SERVICE AGREEMENTS.— cyber workforce positions that— spect to the detail, shall be entitled to re- (A) IN GENERAL.—The detail of an employee (1) with respect to each such position, to turn to the position held by the employee, or to a rotational cyber workforce position the extent that the information does not dis- an equivalent position, in the employing shall be contingent upon the employee enter- close sensitive national security informa- agency of the employee without loss of pay, ing into a written service agreement with tion, includes— seniority, or other rights or benefits to the employing agency under which the em- (A) the title of the position; which the employee would have been enti- ployee is required to complete a period of (B) the occupational series with respect to tled had the employee not been detailed; employment with the employing agency fol- the position; (8) provide that discretion with respect to lowing the conclusion of the detail that is (C) the grade level or work level with re- the assignment of an employee under the ro- equal in length to the period of the detail. spect to the position; tational cyber workforce program shall re- (B) OTHER AGREEMENTS AND OBLIGATIONS.— (D) the agency in which the position is lo- main with the employing agency of the em- A written service agreement under subpara- cated; ployee; graph (A) shall not supersede or modify the (E) the duty location with respect to the (9) require that an employee detailed to a terms or conditions of any other service position; and rotational cyber workforce position under agreement entered into by the employee (F) the major duties and functions of the the rotational cyber workforce program in under any other authority or relieve the ob- position; and an agency that is not the employing agency ligations between the employee and the em- (2) shall be used to support the rotational of the employee shall have all the rights that ploying agency under such a service agree- cyber workforce program. would be available to the employee if the ment. Nothing in this subparagraph prevents (c) DISTRIBUTION OF LIST.—Not less fre- employee were detailed under a provision of an employing agency from terminating a quently than annually, the Director shall law other than this subtitle from the em- service agreement entered into under any distribute an updated list developed under ploying agency to the agency in which the other authority under the terms of such subsection (b) to the head of each agency and rotational cyber workforce position is lo- agreement or as required by law or regula- other appropriate entities. cated; tion. SEC. 4354. ROTATIONAL CYBER WORKFORCE (10) provide that participation by an em- SEC. 4355. REPORTING BY GAO. PROGRAM. ployee in the rotational cyber workforce pro- Not later than the end of the third fiscal (a) OPERATION PLAN.— gram shall not constitute a change in the year after the fiscal year in which the oper- (1) IN GENERAL.—Not later than 270 days conditions of the employment of the em- ation plan under section 4354(a) is issued, the after the date of enactment of this Act, and ployee; and Comptroller General of the United States in consultation with the Councils, the Sec- (11) provide that an employee participating shall submit to Congress a report assessing retary, representatives of other agencies, in the rotational cyber workforce program the operation and effectiveness of the rota- and any other entity as the Director deter- shall receive performance evaluations relat- tional cyber workforce program, which shall mines appropriate, the Director shall de- ing to service in the rotational cyber work- address, at a minimum— velop and issue a Federal Rotational Cyber force program in a participating agency that (1) the extent to which agencies have par- Workforce Program operation plan providing are— ticipated in the rotational cyber workforce policies, processes, and procedures for a pro- (A) prepared by an appropriate officer, su- program, including whether the head of each gram for the detailing of employees among pervisor, or management official of the em- such participating agency has— rotational cyber workforce positions at ploying agency, acting in coordination with (A) identified positions within the agency agencies, which may be incorporated into the supervisor at the agency in which the that are rotational cyber workforce posi- and implemented through mechanisms in ex- employee is performing service in the rota- tions; istence on the date of enactment of this Act. tional cyber workforce position; (B) had employees from other participating (2) UPDATING.—The Director may, in con- (B) based on objectives identified in the op- agencies serve in positions described in sub- sultation with the Councils, the Secretary, eration plan with respect to the employee; paragraph (A); and and other entities as the Director determines and (C) had employees of the agency request to appropriate, periodically update the oper- (C) based in whole or in part on the con- serve in rotational cyber workforce positions ation plan developed and issued under para- tribution of the employee to the agency in under the rotational cyber workforce pro- graph (1). which the employee performed such service, gram in participating agencies, including a (b) REQUIREMENTS.—The operation plan de- as communicated from that agency to the description of how many such requests were veloped and issued under subsection (a) shall, employing agency of the employee. approved; and at a minimum— (c) PROGRAM REQUIREMENTS FOR ROTA- (2) the experiences of employees serving in (1) identify agencies for participation in TIONAL SERVICE.— rotational cyber workforce positions under the rotational cyber workforce program; (1) IN GENERAL.—An employee serving in a the rotational cyber workforce program, in- (2) establish procedures for the rotational cyber workforce position in an agency may, cluding an assessment of— cyber workforce program, including— with the approval of the head of the agency, (A) the period of service; (A) any training, education, or career de- submit an application for detail to a rota- (B) the positions (including grade level and velopment requirements associated with par- tional cyber workforce position that appears occupational series or work level) held by ticipation in the rotational cyber workforce on the list developed under section 4353(b). employees before completing service in a ro- program; (2) OPM APPROVAL FOR CERTAIN POSI- tational cyber workforce position under the (B) any prerequisites or requirements for TIONS.—An employee serving in a position in rotational cyber workforce program; participation in the rotational cyber work- the excepted service may only be selected for (C) the extent to which each employee who force program; and a rotational cyber workforce position that is completed service in a rotational cyber (C) appropriate rotational cyber workforce in the competitive service with the prior ap- workforce position under the rotational program performance measures, reporting proval of the Office of Personnel Manage- cyber workforce program achieved a higher requirements, employee exit surveys, and ment, in accordance with section 300.301 of skill level, or attained a skill level in a dif- other accountability devices for the evalua- title 5, Code of Federal Regulations, or any ferent area, with respect to information tion of the program; successor thereto. technology, cybersecurity, or other cyber-re- (3) provide that participation in the rota- (3) SELECTION AND TERM.— lated functions; and tional cyber workforce program by an em- (A) SELECTION.—The head of an agency (D) the extent to which service in rota- ployee shall be voluntary; shall select an employee for a rotational tional cyber workforce positions has affected

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2709 intra-agency and interagency integration Secretary of Homeland Security, is exempt section (a) if the operation or procurement is and coordination of cyber practices, func- from the restriction under subsection (a) if necessary for the sole purpose of conducting tions, and personnel management. the operation or procurement is for the sole safety investigations. SEC. 4356. SUNSET. purposes of research, evaluation, training, (e) NATIONAL OCEANIC ATMOSPHERIC ADMIN- Effective 5 years after the date of enact- testing, or analysis for the Federal Aviation ISTRATION EXEMPTION.—The Administrator of the National Oceanic Atmospheric Adminis- ment of this Act, this subtitle is repealed. Administration’s Alliance for System Safety of UAS through Research Excellence (AS- tration (NOAA), in consultation with the TITLE IV—OTHER MATTERS SURE) Center of Excellence (COE) for Un- Secretary of Homeland Security, is exempt Subtitle A—Ensuring Security of Unmanned manned Aircraft Systems. from the restriction under subsection (a) if Aircraft Systems (d) NATIONAL TRANSPORTATION SAFETY the operation or procurement is necessary SEC. 4401. SHORT TITLE. BOARD EXEMPTION.—The National Transpor- for the sole purpose of marine or atmospheric science or management. This subtitle may be cited as the ‘‘Amer- tation Safety Board (NTSB), in consultation with the Secretary of Homeland Security, is (f) WAIVER.—The head of an executive ican Security Drone Act of 2021’’. agency may waive the prohibition under sub- SEC. 4402. DEFINITIONS. exempt from the restriction under subsection (a) if the operation or procurement is section (a) on a case-by-case basis— In this subtitle: necessary for the sole purpose of conducting (1) with the approval of the Secretary of (1) COVERED FOREIGN ENTITY.—The term Homeland Security or the Secretary of De- safety investigations. ‘‘covered foreign entity’’ means an entity in- (e) NATIONAL OCEANIC ATMOSPHERIC ADMIN- fense; and cluded on a list developed and maintained by (2) upon notification to Congress. ISTRATION EXEMPTION.—The Administrator of the Federal Acquisition Security Council. (g) REGULATIONS AND GUIDANCE.—Not later the National Oceanic Atmospheric Adminis- This list will include entities in the fol- than 180 days after the date of the enactment tration (NOAA), in consultation with the lowing categories: of this Act, the Secretary of Homeland Secu- Secretary of Homeland Security, is exempt (A) An entity included on the Consolidated rity shall prescribe regulations or guidance from the restriction under subsection (a) if Screening List. to implement this section. the operation or procurement is necessary (B) Any entity that is subject to SEC. 4405. PROHIBITION ON USE OF FEDERAL for the sole purpose of marine or atmos- extrajudicial direction from a foreign gov- FUNDS FOR PURCHASES AND OPER- pheric science or management. ernment, as determined by the Secretary of ATION OF COVERED UNMANNED (f) WAIVER.—The head of an executive AIRCRAFT SYSTEMS FROM COVERED Homeland Security. agency may waive the prohibition under sub- FOREIGN ENTITIES. (C) Any entity the Secretary of Homeland section (a) on a case-by-case basis— (a) IN GENERAL.—Beginning on the date Security, in coordination with the Director (1) with the approval of the Secretary of that is 2 years after the date of the enact- of National Intelligence and the Secretary of Homeland Security or the Secretary of De- ment of this Act, except as provided in sub- Defense, determines poses a national secu- fense; and section (b), no Federal funds awarded rity risk. (2) upon notification to Congress. through a contract, grant, or cooperative (D) Any entity domiciled in the People’s SEC. 4404. PROHIBITION ON OPERATION OF COV- agreement, or otherwise made available may Republic of China or subject to influence or ERED UNMANNED AIRCRAFT SYS- be used— control by the Government of the People’s TEMS FROM COVERED FOREIGN EN- (1) to purchase a covered unmanned air- Republic of China or the Communist Party TITIES. craft system, or a system to counter un- of the People’s Republic of China, as deter- (a) PROHIBITION.— manned aircraft systems, that is manufac- mined by the Secretary of Homeland Secu- (1) IN GENERAL.—Beginning on the date tured or assembled by a covered foreign enti- rity. that is 2 years after the date of the enact- ty; or (E) Any subsidiary or affiliate of an entity ment of this Act, no Federal department or (2) in connection with the operation of described in subparagraphs (A) through (D). agency may operate a covered unmanned air- such a drone or unmanned aircraft system. (2) COVERED UNMANNED AIRCRAFT SYSTEM.— craft system manufactured or assembled by (b) EXEMPTION.—A Federal department or The term ‘‘covered unmanned aircraft sys- a covered foreign entity. agency is exempt from the restriction under tem’’ has the meaning given the term ‘‘un- (2) APPLICABILITY TO CONTRACTED SERV- subsection (a) if— manned aircraft system’’ in section 44801 of ICES.—The prohibition under paragraph (1) (1) the contract, grant, or cooperative title 49, United States Code. applies to any covered unmanned aircraft agreement was awarded prior to the date of SEC. 4403. PROHIBITION ON PROCUREMENT OF systems that are being used by any executive the enactment of this Act; or COVERED UNMANNED AIRCRAFT agency through the method of contracting (2) the operation or procurement is for the SYSTEMS FROM COVERED FOREIGN for the services of covered unmanned aircraft sole purposes of research, evaluation, train- ENTITIES. systems. ing, testing, or analysis, as determined by (a) IN GENERAL.—Except as provided under (b) EXEMPTION.—The Secretary of Home- the Secretary of Homeland Security, the subsections (b) though (f), the head of an ex- land Security, the Secretary of Defense, and Secretary of Defense, or the Attorney Gen- ecutive agency may not procure any covered the Attorney General are exempt from the eral, for— unmanned aircraft system that are manufac- restriction under subsection (a) if the oper- (A) electronic warfare; tured or assembled by a covered foreign enti- ation or procurement— (B) information warfare operations; ty, which includes associated elements (con- (1) is for the sole purposes of research, (C) development of UAS or counter-UAS sisting of communication links and the com- evaluation, training, testing, or analysis technology; ponents that control the unmanned aircraft) for— (D) counterterrorism or counterintel- that are required for the operator to operate (A) electronic warfare; ligence activities; or safely and efficiently in the national air- (B) information warfare operations; (E) Federal criminal or national security space system. The Federal Acquisition Secu- (C) development of UAS or counter-UAS investigations, including forensic examina- rity Council, in coordination with the Sec- technology; tions; or retary of Transportation, shall develop and (D) counterterrorism or counterintel- (F) the safe integration of UAS in the na- update a list of associated elements. ligence activities; or tional airspace (as determined in consulta- (b) EXEMPTION.—The Secretary of Home- (E) Federal criminal or national security tion with the Secretary of Transportation); land Security, the Secretary of Defense, and investigations, including forensic examina- and the Attorney General are exempt from the tions; and (3) is required in the national interest of restriction under subsection (a) if the oper- (2) is required in the national interest of the United States. ation or procurement— the United States. (c) WAIVER.—The head of an executive (1) is for the sole purposes of research, (c) FEDERAL AVIATION ADMINISTRATION agency may waive the prohibition under subsection (a) on a case-by-case basis— evaluation, training, testing, or analysis CENTER OF EXCELLENCE FOR UNMANNED AIR- (1) with the approval of the Secretary of for— CRAFT SYSTEMS EXEMPTION.—The Secretary (A) electronic warfare; of Transportation, in consultation with the Homeland Security or the Secretary of De- (B) information warfare operations; Secretary of Homeland Security, is exempt fense; and (C) development of UAS or counter-UAS from the restriction under subsection (a) if (2) upon notification to Congress. (d) REGULATIONS.—Not later than 180 days technology; the operation or procurement is for the sole after the date of the enactment of this Act, (D) counterterrorism or counterintel- purposes of research, evaluation, training, the Federal Acquisition Regulatory Council ligence activities; or testing, or analysis for the Federal Aviation shall prescribe regulations or guidance, as (E) Federal criminal or national security Administration’s Alliance for System Safety necessary, to implement the requirements of investigations, including forensic examina- of UAE through Research Excellence (AS- this section pertaining to Federal contracts. tions; and SURE) Center of Excellence (COE) for Un- (2) is required in the national interest of SEC. 4406. PROHIBITION ON USE OF GOVERN- manned Aircraft Systems. MENT-ISSUED PURCHASE CARDS TO the United States. (d) NATIONAL TRANSPORTATION SAFETY PURCHASE COVERED UNMANNED (c) FEDERAL AVIATION ADMINISTRATION BOARD EXEMPTION.—The National Transpor- AIRCRAFT SYSTEMS FROM COVERED CENTER OF EXCELLENCE FOR UNMANNED AIR- tation Safety Board (NTSB), in consultation FOREIGN ENTITIES. CRAFT SYSTEMS EXEMPTION.—The Secretary with the Secretary of Homeland Security, is Effective immediately, Government-issued of Transportation, in consultation with the exempt from the restriction under sub- Purchase Cards may not be used to procure

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2710 CONGRESSIONAL RECORD — SENATE May 18, 2021 any covered unmanned aircraft system from not required by law or regulation and an funded research and development center a covered foreign entity. ability to choose with whom and where in- shall submit the study to the Director of the SEC. 4407. MANAGEMENT OF EXISTING INVEN- formation is shared when it is required. Office of Management and Budget. TORIES OF COVERED UNMANNED (c) REQUIREMENT.—The policy developed (c) SUBMISSION TO CONGRESS.—Not later AIRCRAFT SYSTEMS FROM COVERED under subsection (a) shall reflect an appro- than 30 days after the date on which the Di- FOREIGN ENTITIES. priate risk-based approach to information rector of the Office of Management and (a) IN GENERAL.—Effective immediately, security related to use of UAS. Budget receives the study under subsection all executive agencies must account for ex- (d) REVISION OF ACQUISITION REGULA- (b), the Director shall submit the study to— isting inventories of covered unmanned air- TIONS.—Not later than 180 days after the date (1) the Committee on Homeland Security craft systems manufactured or assembled by on which the policy required under sub- and Governmental Affairs and the Select a covered foreign entity in their personal section (a) is issued— Committee on Intelligence of the Senate; property accounting systems, regardless of (1) the Federal Acquisition Regulatory and the original procurement cost, or the pur- Council shall revise the Federal Acquisition (2) the Committee on Homeland Security pose of procurement due to the special moni- Regulation, as necessary, to implement the and the Committee on Oversight and Reform toring and accounting measures necessary to policy; and and the Permanent Select Committee on In- track the items’ capabilities. (2) any Federal department or agency or telligence of the House of Representatives. (b) CLASSIFIED TRACKING.—Due to the sen- other Federal entity not subject to, or not SEC. 4411. SUNSET. sitive nature of missions and operations con- subject solely to, the Federal Acquisition Sections 4403, 4404, and 4405 shall cease to ducted by the United States Government, in- Regulation shall revise applicable policy, have effect on the date that is 5 years after ventory data related to covered unmanned guidance, or regulations, as necessary, to im- the date of the enactment of this Act. aircraft systems manufactured or assembled plement the policy. by a covered foreign entity may be tracked Subtitle B—No TikTok on Government (e) EXEMPTION.—In developing the policy Devices at a classified level. required under subsection (a), the Director of (c) EXCEPTIONS.—The Department of De- SEC. 4431. SHORT TITLE. the Office of Management and Budget shall fense and Department of Homeland Security This subtitle may be cited as the ‘‘No incorporate an exemption to the policy for may exclude from the full inventory process, TikTok on Government Devices Act’’. the following reasons: covered unmanned aircraft systems that are (1) In the case of procurement for the pur- SEC. 4432. PROHIBITION ON THE USE OF TIKTOK. deemed expendable due to mission risk such poses of training, testing, or analysis for— (a) DEFINITIONS.—In this section— as recovery issues or that are one-time-use (A) electronic warfare; or (1) the term ‘‘covered application’’ means covered unmanned aircraft due to require- (B) information warfare operations. the social networking service TikTok or any ments and low cost. (2) In the case of researching UAS tech- successor application or service developed or SEC. 4408. COMPTROLLER GENERAL REPORT. nology, including testing, evaluation, re- provided by ByteDance Limited or an entity Not later than 275 days after the date of search, or development of technology to owned by ByteDance Limited; the enactment of this Act, the Comptroller counter UAS. (2) the term ‘‘executive agency’’ has the General of the United States shall submit to (3) In the case of a head of the procuring meaning given that term in section 133 of Congress a report on the amount of commer- department or agency determining, in writ- title 41, United States Code; and cial off-the-shelf drones and covered un- ing, that no product that complies with the (3) the term ‘‘information technology’’ has manned aircraft systems procured by Fed- information security requirements described the meaning given that term in section 11101 eral departments and agencies from covered in subsection (b) is capable of fulfilling mis- of title 40, United States Code. foreign entities. sion critical performance requirements, and (b) PROHIBITION ON THE USE OF TIKTOK.— SEC. 4409. GOVERNMENT-WIDE POLICY FOR PRO- such determination— (1) IN GENERAL.—Not later than 60 days CUREMENT OF UNMANNED AIR- after the date of the enactment of this Act, CRAFT SYSTEMS. (A) may not be delegated below the level of the Deputy Secretary of the procuring de- the Director of the Office of Management (a) IN GENERAL.—Not later than 180 days and Budget, in consultation with the Admin- after the date of the enactment of this Act, partment or agency; (B) shall specify— istrator of General Services, the Director of the Director of the Office of Management the Cybersecurity and Infrastructure Secu- and Budget, in coordination with the Depart- (i) the quantity of end items to which the waiver applies, the procurement value of rity Agency, the Director of National Intel- ment of Homeland Security, Department of ligence, and the Secretary of Defense, and Transportation, the Department of Justice, which may not exceed $50,000 per waiver; and (ii) the time period over which the waiver consistent with the information security re- and other Departments as determined by the quirements under subchapter II of chapter 35 Director of the Office of Management and applies, which shall not exceed 3 years; (C) shall be reported to the Office of Man- of title 44, United States Code, shall develop Budget, and in consultation with the Na- standards and guidelines for executive agen- tional Institute of Standards and Tech- agement and Budget following issuance of such a determination; and cies requiring the removal of any covered ap- nology, shall establish a government-wide plication from information technology. policy for the procurement of UAS— (D) not later than 30 days after the date on which the determination is made, shall be (2) NATIONAL SECURITY AND RESEARCH EX- (1) for non-Department of Defense and non- CEPTIONS.—The standards and guidelines de- intelligence community operations; and provided to the Committee on Homeland Se- curity and Governmental Affairs of the Sen- veloped under paragraph (1) shall include— (2) through grants and cooperative agree- (A) exceptions for law enforcement activi- ments entered into with non-Federal enti- ate and the Committee on Oversight and Re- form of the House of Representatives. ties, national security interests and activities. ties, and security researchers; and SEC. 4410. STUDY. (b) INFORMATION SECURITY.—The policy de- (B) for any authorized use of a covered ap- veloped under subsection (a) shall include (a) INDEPENDENT STUDY.—Not later than 3 plication under an exception, requirements the following specifications, which to the ex- years after the date of the enactment of this for executive agencies to develop and docu- tent practicable, shall be based on industry Act, the Director of the Office of Manage- ment risk mitigation actions for such use. standards and technical guidance from the ment and Budget shall seek to enter into a National Institute of Standards and Tech- contract with a federally funded research Subtitle C—National Risk Management nology, to address the risks associated with and development center under which the cen- SEC. 4461. SHORT TITLE. processing, storing and transmitting Federal ter will conduct a study of— This subtitle may be cited as the ‘‘Na- information in a UAS: (1) the current and future unmanned air- tional Risk Management Act of 2021’’. (1) Protections to ensure controlled access craft system global and domestic market; SEC. 4462. NATIONAL RISK MANAGEMENT CYCLE. of UAS. (2) the ability of the unmanned aircraft (a) IN GENERAL.—Subtitle A of title XXII of (2) Protecting software, firmware, and system domestic market to keep pace with the Homeland Security Act of 2002 (6 U.S.C. hardware by ensuring changes to UAS are technological advancements across the in- 651 et seq.) is amended by adding at the end properly managed, including by ensuring dustry; the following: UAS can be updated using a secure, con- (3) the ability of domestically made un- ‘‘SEC. 2218. NATIONAL RISK MANAGEMENT trolled, and configurable mechanism. manned aircraft systems to meet the net- CYCLE. (3) Cryptographically securing sensitive work security and data protection require- ‘‘(a) NATIONAL CRITICAL FUNCTIONS DE- collected, stored, and transmitted data, in- ments of the national security enterprise; FINED.—In this section, the term ‘national cluding proper handling of privacy data and (4) the extent to which unmanned aircraft critical functions’ means the functions of other controlled unclassified information. system component parts, such as the parts government and the private sector so vital (4) Appropriate safeguards necessary to described in section 4403, are made domesti- to the United States that their disruption, protect sensitive information, including dur- cally; and corruption, or dysfunction would have a de- ing and after use of UAS. (5) an assessment of the economic impact, bilitating effect on security, national eco- (5) Appropriate data security to ensure including cost, of excluding the use of for- nomic security, national public health or that data is not transmitted to or stored in eign-made UAS for use across the Federal safety, or any combination thereof. non-approved locations. Government. ‘‘(b) NATIONAL RISK MANAGEMENT CYCLE.— (6) The ability to opt out of the uploading, (b) SUBMISSION TO OMB.—Upon completion ‘‘(1) RISK IDENTIFICATION AND ASSESS- downloading, or transmitting of data that is of the study in subsection (a), the federally MENT.—

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‘‘(A) IN GENERAL.—The Secretary, acting brief the appropriate congressional commit- ‘‘(D) the Committee on Foreign Relations through the Director, shall establish a recur- tees on— of the Senate; ring process by which to identify, assess, and ‘‘(A) the national risk management cycle ‘‘(E) the Committee on Armed Services of prioritize risks to critical infrastructure, activities undertaken pursuant to the strat- the Senate; considering both cyber and physical threats, egy; and ‘‘(F) the Committee on Health, Education, the associated likelihoods, vulnerabilities, ‘‘(B) the amounts and timeline for funding Labor, and Pensions of the Senate; and consequences, and the resources nec- that the Secretary has determined would be ‘‘(G) the Committee on Oversight and Re- essary to address them. necessary to address risks and successfully form of the House of Representatives; ‘‘(B) CONSULTATION.—In establishing the execute the full range of activities proposed ‘‘(H) the Committee on Homeland Security process required under subparagraph (A), the by the strategy.’’. of the House of Representatives; Secretary shall consult with, and request (b) TECHNICAL AND CONFORMING AMEND- ‘‘(I) the Committee on Energy and Com- and collect information to support analysis MENT.—The table of contents in section 1(b) merce of the House of Representatives; from, Sector Risk Management Agencies, of the Homeland Security Act of 2002 (Public ‘‘(J) the Permanent Select Committee on critical infrastructure owners and operators, Law 107–296; 116 Stat. 2135) is amended by in- Intelligence of the House of Representatives; the Assistant to the President for National serting after the item relating to section 2217 ‘‘(K) the Committee on Foreign Affairs of Security Affairs, the Assistant to the Presi- the following: the House of Representatives; dent for Homeland Security, and the Na- ‘‘Sec. 2218. National risk management ‘‘(L) the Committee on Armed Services of tional Cyber Director. cycle.’’. the House of Representatives; and ‘‘(C) PUBLICATION.—Not later than 180 days Subtitle D—Safeguarding American ‘‘(M) the Committee on Education and after the date of enactment of this section, Innovation Labor of the House of Representatives. the Secretary shall publish in the Federal SEC. 4491. SHORT TITLE. ‘‘(2) COUNCIL.—The term ‘Council’ means Register procedures for the process estab- the Federal Research Security Council es- lished under subparagraph (A), subject to This subtitle may be cited as the ‘‘Safe- guarding American Innovation Act’’. tablished under section 7902(a). any redactions the Secretary determines are ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu- necessary to protect classified or other sen- SEC. 4492. DEFINITIONS. tive agency’ has the meaning given that sitive information. In this subtitle: term in section 105 of title 5. (1) FEDERAL SCIENCE AGENCY.—The term ‘‘(D) REPORT.—The Secretary shall submit ‘‘(4) FEDERAL RESEARCH SECURITY RISK.— to the President, the Committee on Home- ‘‘Federal science agency’’ means any Federal The term ‘Federal research security risk’ land Security and Governmental Affairs of department or agency to which more than means the risk posed by malign state actors the Senate, and the Committee on Homeland $100,000,000 in basic and applied research and and other persons to the security and integ- development funds were appropriated for the Security of the House of Representatives a rity of research and development conducted previous fiscal year. report on the risks identified by the process using research and development funds award- (2) RESEARCH AND DEVELOPMENT.— established under subparagraph (A)— ed by Executive agencies. (A) IN GENERAL.—The term ‘‘research and ‘‘(i) not later than 1 year after the date of ‘‘(5) INSIDER.—The term ‘insider’ means development’’ means all research activities, enactment of this section; and any person with authorized access to any both basic and applied, and all development ‘‘(ii) not later than 1 year after the date on United States Government resource, includ- activities. which the Secretary submits a periodic eval- ing personnel, facilities, information, re- (B) DEVELOPMENT.—The term ‘‘develop- uation described in section 9002(b)(2) of title search, equipment, networks, or systems. XC of division H of the William M. (Mac) ment’’ means experimental development. ‘‘(6) INSIDER THREAT.—The term ‘insider (C) EXPERIMENTAL DEVELOPMENT.—The Thornberry National Defense Authorization threat’ means the threat that an insider will term ‘‘experimental development’’ means Act for Fiscal Year 2021 (Public Law 116–283). use his or her authorized access (wittingly or ‘‘(2) NATIONAL CRITICAL INFRASTRUCTURE creative and systematic work, drawing upon unwittingly) to harm the national and eco- RESILIENCE STRATEGY.— knowledge gained from research and prac- nomic security of the United States or nega- ‘‘(A) IN GENERAL.—Not later than 1 year tical experience, which— tively affect the integrity of a Federal agen- after the date on which the Secretary deliv- (i) is directed toward the production of new cy’s normal processes, including damaging ers each report required under paragraph (1), products or processes or improving existing the United States through espionage, sabo- the President shall deliver to majority and products or processes; and tage, terrorism, unauthorized disclosure of minority leaders of the Senate, the Speaker (ii) like research, will result in gaining ad- national security information or nonpublic and minority leader of the House of Rep- ditional knowledge. information, a destructive act (which may resentatives, the Committee on Homeland (D) RESEARCH.—The term ‘‘research’’— include physical harm to another in the Security and Governmental Affairs of the (i) means a systematic study directed to- workplace), or through the loss or degrada- Senate, and the Committee on Homeland Se- ward fuller scientific knowledge or under- curity of the House of Representatives a na- standing of the subject studied; and tion of departmental resources, capabilities, tional critical infrastructure resilience (ii) includes activities involving the train- and functions. strategy designed to address the risks identi- ing of individuals in research techniques if ‘‘(7) RESEARCH AND DEVELOPMENT.— fied by the Secretary. such activities— ‘‘(A) IN GENERAL.—The term ‘research and development’ means all research activities, ‘‘(B) ELEMENTS.—Each strategy delivered (I) utilize the same facilities as other re- under subparagraph (A) shall— search and development activities; and both basic and applied, and all development ‘‘(i) identify, assess, and prioritize areas of (II) are not included in the instruction activities. risk to critical infrastructure that would function. ‘‘(B) DEVELOPMENT.—The term ‘develop- compromise or disrupt national critical SEC. 4493. FEDERAL RESEARCH SECURITY COUN- ment’ means experimental development. functions impacting national security, eco- CIL. ‘‘(C) EXPERIMENTAL DEVELOPMENT.—The nomic security, or public health and safety; (a) IN GENERAL.—Subtitle V of title 31, term ‘experimental development’ means cre- ‘‘(ii) assess the implementation of the pre- United States Code, is amended by adding at ative and systematic work, drawing upon vious national critical infrastructure resil- the end the following: knowledge gained from research and practical experience, which— ience strategy, as applicable; ‘‘CHAPTER 79—FEDERAL RESEARCH ‘‘(i) is directed toward the production of ‘‘(iii) identify and outline current and pro- SECURITY COUNCIL posed national-level actions, programs, and new products or processes or improving ex- ‘‘Sec. efforts to be taken to address the risks iden- isting products or processes; and ‘‘7901. Definitions. tified; ‘‘(ii) like research, will result in gaining ‘‘7902. Federal Research Security Council es- ‘‘(iv) identify the Federal departments or additional knowledge. tablishment and membership. agencies responsible for leading each na- ‘‘(D) RESEARCH.—The term ‘research’— ‘‘7903. Functions and authorities. tional-level action, program, or effort and ‘‘(i) means a systematic study directed to- ‘‘7904. Strategic plan. the relevant critical infrastructure sectors ward fuller scientific knowledge or under- ‘‘7905. Annual report. for each; and standing of the subject studied; and ‘‘7906. Requirements for Executive agencies. ‘‘(v) request any additional authorities ‘‘(ii) includes activities involving the necessary to successfully execute the strat- ‘‘§ 7901. Definitions training of individuals in research tech- egy. ‘‘In this chapter: niques if such activities— ‘‘(C) FORM.—Each strategy delivered under ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(I) utilize the same facilities as other re- subparagraph (A) shall be unclassified, but TEES.—The term ‘appropriate congressional search and development activities; and may contain a classified annex. committees’ means— ‘‘(II) are not included in the instruction ‘‘(3) CONGRESSIONAL BRIEFING.—Not later ‘‘(A) the Committee on Homeland Security function. than 1 year after the date on which the and Governmental Affairs of the Senate; ‘‘(8) UNITED STATES RESEARCH COMMUNITY.— President delivers the first strategy required ‘‘(B) the Committee on Commerce, The term ‘United States research commu- under paragraph (2)(A), and every year there- Science, and Transportation of the Senate; nity’ means— after, the Secretary, in coordination with ‘‘(C) the Select Committee on Intelligence ‘‘(A) research and development centers of Sector Risk Management Agencies, shall of the Senate; Executive agencies;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2712 CONGRESSIONAL RECORD — SENATE May 18, 2021 ‘‘(B) private research and development cen- ‘‘(D) not later than 7 days after completion 13587 (50 U.S.C. 3161 note) for expanding the ters in the United States, including for profit of the charter, submitting the charter to the scope of Executive agency insider threat pro- and nonprofit research institutes; appropriate congressional committees. grams, including the safeguarding of re- ‘‘(C) research and development centers at ‘‘(3) LEAD SCIENCE ADVISOR.—The Director search and development from exploitation, institutions of higher education (as defined of the Office of Science and Technology Pol- compromise, or other unauthorized disclo- in section 101(a) of the Higher Education Act icy shall designate a senior level official to sure, taking into account risk levels and the of 1965 (20 U.S.C. 1001(a))); be the lead science advisor to the Council for distinct needs, missions, and systems of each ‘‘(D) research and development centers of purposes of this chapter. such agency. States, United States territories, Indian ‘‘(4) LEAD SECURITY ADVISOR.—The Director ‘‘(7) Identifying and issuing guidance for tribes, and municipalities; of the National Counterintelligence and Se- developing compliance and oversight pro- ‘‘(E) government-owned, contractor-oper- curity Center shall designate a senior level grams for Executive agencies to ensure that ated United States Government research and official from the National Counterintel- research and development grant recipients development centers; and ligence and Security Center to be the lead accurately report conflicts of interest and ‘‘(F) any person conducting federally fund- security advisor to the Council for purposes conflicts of commitment in accordance with ed research or receiving Federal research of this chapter. subsection (c)(1). Such programs shall in- grant funding. ‘‘(d) MEETINGS.—The Council shall meet clude an assessment of— ‘‘§ 7902. Federal Research Security Council not later than 60 days after the date of the ‘‘(A) a grantee’s support from foreign sources and affiliations, appointments, or establishment and membership enactment of the Safeguarding American In- novation Act and not less frequently than participation in talent programs with for- ‘‘(a) ESTABLISHMENT.—There is established, eign funding institutions or laboratories; and in the Office of Management and Budget, a quarterly thereafter. ‘‘§ 7903. Functions and authorities ‘‘(B) the impact of such support and affili- Federal Research Security Council, which ations, appointments, or participation in tal- shall develop federally funded research and ‘‘(a) DEFINITIONS.—In this section: ent programs on United States national se- development grant making policy and man- ‘‘(1) IMPLEMENTING.—The term ‘imple- curity and economic interests. agement guidance to protect the national menting’ means working with the relevant ‘‘(8) Providing guidance to Executive agen- and economic security interests of the Federal agencies, through existing processes cies regarding appropriate application of United States. and procedures, to enable those agencies to consequences for violations of disclosure re- ‘‘(b) MEMBERSHIP.— put in place and enforce the measures de- quirements. ‘‘(1) IN GENERAL.—The following agencies scribed in this section. ‘‘(9) Developing and implementing a cross- shall be represented on the Council: ‘‘(2) UNIFORM APPLICATION PROCESS.—The agency policy and providing guidance related ‘‘(A) The Office of Management and Budg- term ‘uniform application process’ means a to the use of digital persistent identifiers for et. process employed by Federal science agen- individual researchers supported by, or ‘‘(B) The Office of Science and Technology cies to maximize the collection of informa- working on, any Federal research grant with Policy. tion regarding applicants and applications, the goal to enhance transparency and secu- ‘‘(C) The Department of Defense. as determined by the Council. rity, while reducing administrative burden ‘‘(D) The Department of Homeland Secu- ‘‘(b) IN GENERAL.—The Chairperson of the for researchers and research institutions. rity. Council shall consider the missions and re- ‘‘(10) Engaging with the United States re- ‘‘(E) The Office of the Director of National sponsibilities of Council members in deter- search community in conjunction with the Intelligence. mining the lead agencies for Council func- National Science and Technology Council ‘‘(F) The Department of Justice. tions. The Council shall perform the fol- and the National Academies Science, Tech- ‘‘(G) The Department of Energy. lowing functions: nology and Security Roundtable created ‘‘(H) The Department of Commerce. ‘‘(1) Developing and implementing, across under section 1746 of the National Defense ‘‘(I) The Department of Health and Human all Executive agencies that award research Authorization Act for Fiscal Year 2020 (Pub- Services. and development grants, awards, and con- lic Law 116–92; 42 U.S.C. 6601 note) in per- ‘‘(J) The Department of State. tracts, a uniform application process for forming the functions described in para- ‘‘(K) The Department of Transportation. grants in accordance with subsection (c). graphs (1), (2), and (3) and with respect to ‘‘(L) The National Aeronautics and Space ‘‘(2) Developing and implementing policies issues relating to Federal research security Administration. and providing guidance to prevent malign risks. ‘‘(M) The National Science Foundation. foreign interference from unduly influencing ‘‘(11) Carrying out such other functions, ‘‘(N) The Department of Education. the peer review process for federally funded consistent with Federal law, that are nec- ‘‘(O) The Small Business Administration. research and development. essary to reduce Federal research security ‘‘(P) The Council of Inspectors General on ‘‘(3) Identifying or developing criteria for risks. Integrity and Efficiency. sharing among Executive agencies and with ‘‘(c) REQUIREMENTS FOR UNIFORM GRANT ‘‘(Q) Other Executive agencies, as deter- law enforcement and other agencies, as ap- APPLICATION PROCESS.—In developing the mined by the Chairperson of the Council. propriate, information regarding individuals uniform application process for Federal re- ‘‘(2) LEAD REPRESENTATIVES.— who violate disclosure policies and other search and development grants required ‘‘(A) DESIGNATION.—Not later than 45 days policies related to research security. under subsection (b)(1), the Council shall— after the date of the enactment of the Safe- ‘‘(4) Identifying an appropriate Executive ‘‘(1) ensure that the process— guarding American Innovation Act, the head agency— ‘‘(A) requires principal investigators, co- of each agency represented on the Council ‘‘(A) to accept and protect information principal investigators, and key personnel shall designate a representative of that agen- submitted by Executive agencies and non- associated with the proposed Federal recy as the lead representative of the agency Federal entities based on the process estab- search or development grant project— on the Council. lished pursuant to paragraph (1); and ‘‘(i) to disclose biographical information, ‘‘(B) FUNCTIONS.—The lead representative ‘‘(B) to facilitate the sharing of informa- all affiliations, including any foreign mili- of an agency designated under subparagraph tion received under subparagraph (A) to sup- tary, foreign government-related organiza- (A) shall ensure that appropriate personnel, port, consistent with Federal law— tions, and foreign-funded institutions, and including leadership and subject matter ex- ‘‘(i) the oversight of federally funded re- all current and pending support, including perts of the agency, are aware of the busi- search and development; from foreign institutions, foreign govern- ness of the Council. ‘‘(ii) criminal and civil investigations of ments, or foreign laboratories, and all sup- ‘‘(c) CHAIRPERSON.— misappropriated Federal funds, resources, port received from foreign sources; and ‘‘(1) DESIGNATION.—Not later than 45 days and information; and ‘‘(ii) to certify the accuracy of the required after the date of the enactment of the Safe- ‘‘(iii) counterintelligence investigations. disclosures under penalty of perjury; and guarding American Innovation Act, the Di- ‘‘(5) Identifying, as appropriate, Executive ‘‘(B) uses a machine-readable application rector of the Office of Management and agencies to provide— form to assist in identifying fraud and ensur- Budget shall designate a senior level official ‘‘(A) shared services, such as support for ing the eligibility of applicants; from the Office of Management and Budget conducting Federal research security risk as- ‘‘(2) design the process— to serve as the Chairperson of the Council. sessments, activities to mitigate such risks, ‘‘(A) to reduce the administrative burden ‘‘(2) FUNCTIONS.—The Chairperson shall and oversight and investigations with re- on persons applying for Federal research and perform functions that include— spect to grants awarded by Executive agen- development funding; and ‘‘(A) subject to subsection (d), developing a cies; and ‘‘(B) to promote information sharing schedule for meetings of the Council; ‘‘(B) common contract solutions to support across the United States research commu- ‘‘(B) designating Executive agencies to be the verification of the identities of persons nity, while safeguarding sensitive informa- represented on the Council under subsection participating in federally funded research tion; and (b)(1)(Q); and development. ‘‘(3) complete the process not later than 1 ‘‘(C) in consultation with the lead rep- ‘‘(6) Identifying and issuing guidance, in year after the date of the enactment of the resentative of each agency represented on accordance with subsection (e) and in coordi- Safeguarding American Innovation Act. the Council, developing a charter for the nation with the National Insider Threat ‘‘(d) REQUIREMENTS FOR INFORMATION SHAR- Council; and Task Force established by Executive Order ING CRITERIA.—In identifying or developing

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2713 criteria and procedures for sharing informa- ‘‘(i) to exploit, interfere, or undermine re- rity risk management activities by the Exec- tion with respect to Federal research secu- search and development by the United States utive agency; rity risks under subsection (b)(3), the Coun- research community; or ‘‘(2) integrating Federal research security cil shall ensure that such criteria address, at ‘‘(ii) to misappropriate scientific knowl- risk management practices throughout the a minimum— edge resulting from federally funded re- lifecycle of the grant programs of the Execu- ‘‘(1) the information to be shared; search and development; tive agency; ‘‘(2) the circumstances under which shar- ‘‘(B) efforts by strategic competitors to ex- ‘‘(3) sharing relevant information with ing is mandated or voluntary; ploit the research enterprise of a foreign other Executive agencies, as determined ap- ‘‘(3) the circumstances under which it is country that may place at risk— propriate by the Council in a manner con- appropriate for an Executive agency to rely ‘‘(i) the science and technology of that for- sistent with section 7903; and on information made available through such eign country; or ‘‘(4) reporting on the effectiveness of the sharing in exercising the responsibilities and ‘‘(ii) federally funded research and develop- Federal research security risk management authorities of the agency under applicable ment; and strategy of the Executive agency consistent laws relating to the award of grants; ‘‘(C) practices within the research enter- with guidance issued by the Office of Man- ‘‘(4) the procedures for protecting intellec- prise of a foreign country that do not adhere agement and Budget and the Council.’’. tual capital that may be present in such in- to the United States scientific values of (b) CLERICAL AMENDMENT.—The table of formation; and openness, transparency, reciprocity, integ- chapters at the beginning of title 31, United ‘‘(5) appropriate privacy protections for rity, and merit-based competition. States Code, is amended by inserting after persons involved in Federal research and de- ‘‘(g) EXCLUSION ORDERS.—To reduce Fed- the item relating to chapter 77 the following: velopment. eral research security risk, the Interagency ‘‘79. Federal Research Security Coun- ‘‘(e) REQUIREMENTS FOR INSIDER THREAT Suspension and Debarment Committee shall cil ...... 7901.’’. PROGRAM GUIDANCE.—In identifying or devel- provide quarterly reports to the Director of SEC. 4494. FEDERAL GRANT APPLICATION oping guidance with respect to insider threat the Office of Management and Budget and FRAUD. programs under subsection (b)(6), the Council the Director of the Office of Science and (a) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by adding at shall ensure that such guidance provides for, Technology Policy that detail— the end the following: at a minimum— ‘‘(1) the number of ongoing investigations ‘‘(1) such programs— by Council Members related to Federal re- ‘‘§ 1041. Federal grant application fraud ‘‘(A) to deter, detect, and mitigate insider search security that may result, or have re- ‘‘(a) DEFINITIONS.—In this section: threats; and sulted, in agency pre-notice letters, suspen- ‘‘(1) FEDERAL AGENCY.—The term ‘Federal ‘‘(B) to leverage counterintelligence, secu- sions, proposed debarments, and debarments; agency’ has the meaning given the term rity, information assurance, and other rel- ‘‘(2) Federal agencies’ performance and ‘agency’ in section 551 of title 5, United evant functions and resources to identify and compliance with interagency suspensions States Code. counter insider threats; and and debarments; ‘‘(2) FEDERAL GRANT.—The term ‘Federal ‘‘(2) the development of an integrated capa- ‘‘(3) efforts by the Interagency Suspension grant’— bility to monitor and audit information for and Debarment Committee to mitigate Fed- ‘‘(A) means a grant awarded by a Federal the detection and mitigation of insider eral research security risk; agency; threats, including through— ‘‘(4) proposals for developing a unified Fed- ‘‘(B) includes a subgrant awarded by a non- ‘‘(A) monitoring user activity on computer eral policy on suspensions and debarments; Federal entity to carry out a Federal grant networks controlled by Executive agencies; and program; and ‘‘(B) providing employees of Executive ‘‘(5) other current suspension and debar- ‘‘(C) does not include— agencies with awareness training with re- ment related issues. ‘‘(i) direct United States Government cash spect to insider threats and the responsibil- ‘‘(h) SAVINGS PROVISION.—Nothing in this assistance to an individual; ities of employees to report such threats; section may be construed— ‘‘(ii) a subsidy; ‘‘(C) gathering information for a central- ‘‘(1) to alter or diminish the authority of ‘‘(iii) a loan; ized analysis, reporting, and response capa- any Federal agency; or ‘‘(iv) a loan guarantee; or bility; and ‘‘(2) to alter any procedural requirements ‘‘(v) insurance. ‘‘(D) information sharing to aid in tracking or remedies that were in place before the ‘‘(3) FEDERAL GRANT APPLICATION.—The the risk individuals may pose while moving date of the enactment of the Safeguarding term ‘Federal grant application’ means an across programs and affiliations; American Innovation Act. application for a Federal grant. ‘‘(4) FOREIGN COMPENSATION.—The term ‘‘(3) the development and implementation ‘‘§ 7904. Annual report ‘foreign compensation’ means a title, mone- of policies and procedures under which the ‘‘Not later than November 15 of each year, tary compensation, access to a laboratory or insider threat program of an Executive agen- the Chairperson of the Council shall submit other resource, or other benefit received cy accesses, shares, and integrates informa- a report to the appropriate congressional from— tion and data derived from offices within the committees that describes the activities of ‘‘(A) a foreign government; agency and shares insider threat information the Council during the preceding fiscal year. ‘‘(B) a foreign government institution; or with the executive agency research sponsors; ‘‘§ 7905. Requirements for Executive agencies ‘‘(C) a foreign public enterprise. ‘‘(4) the designation of senior officials with ‘‘(a) IN GENERAL.—The head of each Execu- ‘‘(5) FOREIGN GOVERNMENT.—The term ‘for- authority to provide management, account- tive agency on the Council shall be respon- eign government’ includes a person acting or ability, and oversight of the insider threat sible for— purporting to act on behalf of— program of an Executive agency and to make ‘‘(1) assessing Federal research security ‘‘(A) a faction, party, department, agency, resource recommendations to the appro- risks posed by persons participating in feder- bureau, subnational administrative entity, priate officials; and ally funded research and development; or military of a foreign country; or ‘‘(5) such additional guidance as is nec- ‘‘(2) avoiding or mitigating such risks, as ‘‘(B) a foreign government or a person pur- essary to reflect the distinct needs, missions, appropriate and consistent with the stand- porting to act as a foreign government, re- and systems of each Executive agency. ards, guidelines, requirements, and practices gardless of whether the United States recog- ‘‘(f) ISSUANCE OF WARNINGS RELATING TO identified by the Council under section nizes the government. RISKS AND VULNERABILITIES IN INTER- 7903(b); ‘‘(6) FOREIGN GOVERNMENT INSTITUTION.— NATIONAL SCIENTIFIC COOPERATION.— ‘‘(3) prioritizing Federal research security The term ‘foreign government institution’ ‘‘(1) IN GENERAL.—The Council, in conjunc- risk assessments conducted under paragraph means a foreign entity owned by, subject to tion with the lead security advisor des- (1) based on the applicability and relevance the control of, or subject to regulation by a ignated under section 7902(c)(4), shall estab- of the research and development to the na- foreign government. lish a process for informing members of the tional security and economic competitive- ‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The United States research community and the ness of the United States; and term ‘foreign public enterprise’ means an en- public, through the issuance of warnings de- ‘‘(4) ensuring that initiatives impacting terprise over which a foreign government di- scribed in paragraph (2), of potential risks Federally funded research grant making pol- rectly or indirectly exercises a dominant in- and vulnerabilities in international sci- icy and management to protect the national fluence. entific cooperation that may undermine the and economic security interests of the ‘‘(8) LAW ENFORCEMENT AGENCY.—The term integrity and security of the United States United States are integrated with the activi- ‘law enforcement agency’— research community or place at risk any fed- ties of the Council. ‘‘(A) means a Federal, State, local, or Trib- erally funded research and development. ‘‘(b) INCLUSIONS.—The responsibility of the al law enforcement agency; and ‘‘(2) CONTENT.—A warning described in this head of an Executive agency for assessing ‘‘(B) includes— paragraph shall include, to the extent the Federal research security risk described in ‘‘(i) the Office of Inspector General of an Council considers appropriate, a description subsection (a) includes— establishment (as defined in section 12 of the of— ‘‘(1) developing an overall Federal research Inspector General Act of 1978 (5 U.S.C. App.)) ‘‘(A) activities by the national govern- security risk management strategy and im- or a designated Federal entity (as defined in ment, local governments, research institu- plementation plan and policies and processes section 8G(a) of the Inspector General Act of tions, or universities of a foreign country— to guide and govern Federal research secu- 1978 (5 U.S.C. App.)); and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2714 CONGRESSIONAL RECORD — SENATE May 18, 2021 ‘‘(ii) the Office of Inspector General, or (B) foreign institutions involved in the mittee on Commerce, Science, and Transpor- similar office, of a State or unit of local gov- theft of United States research; tation of the Senate, the Select Committee ernment. (C) entities involved in export control vio- on Intelligence of the Senate, the Committee ‘‘(9) OUTSIDE COMPENSATION.—The term lations or the theft of intellectual property; on Foreign Relations of the Senate; the Com- ‘outside compensation’ means any com- (D) a government that seeks to undermine mittee on Oversight and Reform of the House pensation, resource, or support (regardless of the integrity and security of the United of Representatives, the Committee on Home- monetary value) made available to the appli- States research community; or land Security of the House of Representa- cant in support of, or related to, any re- (E) other associations or collaborations tives, the Committee on Energy and Com- search endeavor, including a title, research that pose a national security threat based on merce of the House of Representatives, the grant, cooperative agreement, contract, in- intelligence assessments; and Permanent Select Committee on Intelligence stitutional award, access to a laboratory, or (4) weigh the proportionality of risks and of the House of Representatives, and the other resource, including materials, travel the factors listed in paragraphs (1) through Committee on Foreign Affairs of the House compensation, or work incentives. (3). of Representatives that— ‘‘(b) PROHIBITION.—It shall be unlawful for (c) REPORTING REQUIREMENT.—Not later (1) describes how supplementary docu- any individual to knowingly— than 180 days after the date of the enactment ments provided by a visa applicant in sup- ‘‘(1) prepare or submit a Federal grant ap- of this Act, and semi-annually thereafter port of a visa application are stored and plication that fails to disclose the receipt of until the sunset date set forth in subsection shared by the Department of State with au- any outside compensation, including foreign (e), the Secretary of State, in coordination thorized Federal agencies; compensation, by the individual; with the Director of National Intelligence, (2) identifies the sections of a visa applica- ‘‘(2) forge, counterfeit, or otherwise falsify the Director of the Office of Science and tion that are machine-readable and the sec- a document for the purpose of obtaining a Technology Policy, the Secretary of Home- tions that are not machine-readable; Federal grant; or land Security, the Secretary of Defense, the (3) provides cost estimates, including per- ‘‘(3) prepare, submit, or assist in the prepa- Secretary of Energy, the Secretary of Com- sonnel costs and a cost-benefit analysis for ration or submission of a Federal grant ap- merce, and the heads of other appropriate adopting different technologies, including plication or document in connection with a Federal agencies, shall submit a report to optical character recognition, for— Federal grant application that— the Committee on the Judiciary of the Sen- (A) making every element of a visa appli- ‘‘(A) contains a false statement; ate, the Committee on Foreign Relations of cation, and documents submitted in support ‘‘(B) contains a material misrepresenta- the Senate, the Committee on Homeland Se- of a visa application, machine-readable; and tion; curity and Governmental Affairs of the Sen- (B) ensuring that such system— ‘‘(C) has no basis in law or fact; or ate, the Committee on the Judiciary of the (i) protects personally-identifiable infor- ‘‘(D) fails to disclose a material fact. House of Representatives, the Committee on mation; and ‘‘(c) EXCEPTION.—Subsection (b) does not Foreign Affairs of the House of Representa- (ii) permits the sharing of visa information apply to an activity— tives, and the Committee on Oversight and with Federal agencies in accordance with ex- ‘‘(1) carried out in connection with a law- Reform of the House of Representatives that isting law; and fully authorized investigative, protective, or identifies— (4) includes an estimated timeline for com- intelligence activity of— (1) any criteria, if relevant used to describe pleting the implementation of subsection (a). ‘‘(A) a law enforcement agency; or the aliens to which the grounds of inadmis- SEC. 4497. CERTIFICATIONS REGARDING ACCESS ‘‘(B) a Federal intelligence agency; or sibility described in subsection (a) may TO EXPORT CONTROLLED TECH- ‘‘(2) authorized under chapter 224. apply; NOLOGY IN EDUCATIONAL AND CUL- ‘‘(d) PENALTY.—Any individual who vio- (2) the number of individuals determined TURAL EXCHANGE PROGRAMS. lates subsection (b)— to be inadmissible under subsection (a), in- Section 102(b)(5) of the Mutual Educational ‘‘(1) shall be fined in accordance with this cluding the nationality of each such indi- and Cultural Exchange Act of 1961 (22 U.S.C. title, imprisoned for not more than 5 years, 2452(b)(5)) is amended to read as follows: vidual and the reasons for each determina- or both; and ‘‘(5) promoting and supporting medical, tion of inadmissibility; and ‘‘(2) shall be prohibited from receiving a scientific, cultural, and educational research (3) the number of days from the date of the Federal grant during the 5-year period begin- and development by developing exchange consular interview until a final decision is ning on the date on which a sentence is im- programs for foreign researchers and sci- issued for each application for a visa consid- posed on the individual under paragraph entists, while protecting technologies regu- ered under this section, listed by applicants’ (1).’’. lated by export control laws important to country of citizenship and relevant con- (b) CLERICAL AMENDMENT.—The analysis the national security and economic interests for chapter 47 of title 18, United States Code, sulate. (d) CLASSIFICATION OF REPORT.—Each re- of the United States, by requiring— is amended by adding at the end the fol- ‘‘(A) the sponsor to certify to the Depart- lowing: port required under subsection (c) shall be submitted, to the extent practicable, in an ment of State that the sponsor, after review- ‘‘1041. Federal grant application fraud.’’. unclassified form, but may be accompanied ing all regulations related to the Export SEC. 4495. RESTRICTING THE ACQUISITION OF by a classified annex. Controls Act of 2018 (50 U.S.C. 4811 et seq.) EMERGING TECHNOLOGIES BY CER- and the Arms Export Control Act (22 U.S.C. TAIN ALIENS. (e) SUNSET.—This section shall cease to be effective on the date that is 2 years after the 2751 et seq.), has determined that— (a) GROUNDS OF INADMISSIBILITY.—The Sec- ‘‘(i) a license is not required from the De- retary of State may determine that an alien date of the enactment of this Act. partment of Commerce or the Department of is inadmissible if the Secretary determines SEC. 4496. MACHINE READABLE VISA DOCU- State to release such technology or technical such alien is seeking to enter the United MENTS. data to the exchange visitor; or States to knowingly acquire sensitive or (a) MACHINE-READABLE DOCUMENTS.—Not ‘‘(ii)(I) a license is required from the De- emerging technologies to undermine na- later than 1 year after the date of the enact- tional security interests of the United States ment of this Act, the Secretary of State partment of Commerce or the Department of by benefitting an adversarial foreign govern- shall— State to release such technology or technical ment’s security or strategic capabilities. (1) use a machine-readable visa application data to the exchange visitor; and (b) RELEVANT FACTORS.—To determine if form; and ‘‘(II) the sponsor will prevent access to the an alien is inadmissible under subsection (a), (2) make available documents submitted in controlled technology or technical data by the Secretary of State shall— support of a visa application in a machine the exchange visitor until the sponsor— (1) take account of information and anal- readable format to assist in— ‘‘(aa) has received the required license or yses relevant to implementing subsection (a) (A) identifying fraud; other authorization to release it to the vis- from the Office of the Director of National (B) conducting lawful law enforcement ac- itor; and Intelligence, the Department of Health and tivities; and ‘‘(bb) has provided a copy of such license or Human Services, the Department of Defense, (C) determining the eligibility of appli- authorization to the Department of State; the Department of Homeland Security, the cants for a visa under the Immigration and and Department of Energy, the Department of Nationality Act (8 U.S.C. 1101 et seq.). ‘‘(B) if the sponsor maintains export con- Commerce, and other appropriate Federal (b) WAIVER.—The Secretary of State may trolled technology or technical data, the agencies; waive the requirement under subsection (a) sponsor to submit to the Department of (2) take account of the continual expert as- by providing to Congress, not later than 30 State the sponsor’s plan to prevent unau- sessments of evolving sensitive or emerging days before such waiver takes effect— thorized export or transfer of any controlled technologies that foreign adversaries are (1) a detailed explanation for why the waiv- items, materials, information, or technology targeting; er is being issued; and at the sponsor organization or entities asso- (3) take account of relevant information (2) a timeframe for the implementation of ciated with a sponsor’s administration of the concerning the foreign person’s employment the requirement under subsection (a). exchange visitor program.’’. or collaboration, to the extent known, (c) REPORT.—Not later than 45 days after SEC. 4498. PRIVACY AND CONFIDENTIALITY. with— date of the enactment of this Act, the Sec- Nothing in this subtitle may be construed (A) foreign military and security related retary of State shall submit a report to the as affecting the rights and requirements pro- organizations that are adversarial to the Committee on Homeland Security and Gov- vided in section 552a of title 5, United States United States; ernmental Affairs of the Senate, the Com- Code (commonly known as the ‘‘Privacy Act

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00162 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2715 of 1974’’) or subchapter III of chapter 35 of Sec. 5305. Report on implementation of proc- respect to corporations, limited liability title 44, United States Code (commonly ess for exchange of information companies, or other similar entities formed known as the ‘‘Confidential Information Pro- between Committee on Foreign under the laws of the States has recently tection and Statistical Efficiency Act of Investment in the United been enacted to— 2018’’). States and allies and partners. (A) set a clear Federal standard for incor- DIVISION E—MEETING THE CHINA Sec. 5306. Report on economic and national poration practices; CHALLENGE ACT OF 2021 security implications of (B) better enable critical national security, changes to cross-border pay- intelligence, and law enforcement efforts to SEC. 5001. SHORT TITLE; TABLE OF CONTENTS. ment and financial messaging identify and counter money laundering, the (a) SHORT TITLE.—This division may be systems. financing of terrorism, and other illicit ac- cited as the ‘‘Meeting the China Challenge Sec. 5307. Report on development and utili- tivity; and Act of 2021’’. zation of dual-use technologies (C) bring the United States into compli- (b) TABLE OF CONTENTS.—The table of con- by the Government of the Peo- ance with international standards with re- tents for this division is as follows: ple’s Republic of China. spect to anti-money laundering and coun- Sec. 5001. Short title; table of contents. Sec. 5308. Report on currency issues with re- tering the financing of terrorism. TITLE I—FINANCIAL SERVICES spect to the People’s Republic (7) Providing beneficial ownership informa- of China. tion to FinCEN is especially important in Sec. 5101. Findings on transparency and dis- Sec. 5309. Report on exposure of the United cases in which foreign firms, including those closure; sense of Congress. States to the financial system in the People’s Republic of China or subject Sec. 5102. Establishment of interagency task of the People’s Republic of to the jurisdiction of the People’s Republic force to address Chinese market China. of China, seek to acquire United States firms manipulation in the United Sec. 5310. Report on investment reciprocity and the valuable intellectual property of States. between the United States and those firms in a manner that poses a threat Sec. 5103. Expansion of study and strategy the People’s Republic of China. to the national security of the United on money laundering by the TITLE I—FINANCIAL SERVICES States. People’s Republic of China to (b) SENSE OF CONGRESS.—It is the sense of include risks of contributing to SEC. 5101. FINDINGS ON TRANSPARENCY AND Congress that the Secretary of the Treasury corruption. DISCLOSURE; SENSE OF CONGRESS. should implement the Anti-Money Laun- Sec. 5104. Statement of policy to encourage (a) FINDINGS.—Congress finds the fol- dering Act of 2020 (division F of Public Law the development of a corporate lowing: 116–283), including the Corporate Trans- code of conduct for countering (1) More than 2,000,000 corporations, lim- parency Act (title LXIV of division F of Pub- malign influence in the private ited liability companies, and other similar lic Law 116–283), within the timelines re- sector. entities are formed under the laws of the quired under those Acts, including the ele- States each year and some of those 2,000,000 TITLE II—PROTECTING UNITED STATES ments of those Acts designed to enhance the entities are formed by persons outside of the NATIONAL SECURITY ability of financial services providers to United States, including by persons in the adopt and implement anti-money laundering Subtitle A—Sanctions With Respect to People’s Republic of China. best practices, mitigate burdens on small People’s Republic of China (2) Most or all States do not require infor- businesses, ensure the security of beneficial Sec. 5201. Definitions. mation about the beneficial owners of the ownership information as provided for by Sec. 5202. Use of sanctions authorities with corporations, limited liability companies, or those Acts, and address specific concerns re- respect to the People’s Republic other similar entities formed under the laws lating to abuses of anonymous shell compa- of China. of the State. nies by Chinese entities and the Government Sec. 5203. Imposition of sanctions with re- (3) Malign actors seek to conceal their of the People’s Republic of China. spect to activities of the Peo- ownership of corporations, limited liability SEC. 5102. ESTABLISHMENT OF INTERAGENCY ple’s Republic of China under- companies, or other similar entities in the TASK FORCE TO ADDRESS CHINESE mining cybersecurity, including United States to facilitate illicit activity, MARKET MANIPULATION IN THE cyber attacks on United States including money laundering, the financing of UNITED STATES. Government or private sector terrorism, proliferation financing, serious (a) IN GENERAL.—The Department of Jus- networks. tax fraud, human and drug trafficking, coun- tice, the Federal Trade Commission, the De- Sec. 5204. Imposition of sanctions with re- terfeiting, piracy, securities fraud, financial partment of the Treasury, and such other spect to theft of trade secrets of fraud, economic espionage, theft of intellec- Federal agencies as the President determines United States persons. tual property, and acts of foreign corruption, appropriate shall establish a joint inter- Sec. 5205. Implementation; penalties. which harm the national security interests agency task force to investigate allegations of systemic market manipulation and other Sec. 5206. Exceptions. of the United States and allies of the United potential violations of antitrust and com- States. Subtitle B—Export Control Review And petition laws in the United States by compa- (4) National security, intelligence, and law Other Matters nies established in the People’s Republic of enforcement investigations have consist- Sec. 5211. Review and controls on export of China, including allegations of efforts to ille- ently been impeded by an inability to reli- items with critical capabilities gally capture market share, fix or manipu- ably and promptly obtain information iden- to enable human rights abuses. late prices, and control the supply of goods tifying the persons that ultimately own cor- Sec. 5212. Prohibition on reviews by Com- in critical industries of the United States, porations, limited liability companies, or mittee on Foreign Investment including— other similar entities suspected of engaging in the United States of certain (1) the pharmaceutical and medical devices in illicit activity, as documented in reports foreign gifts to and contracts industry; and testimony by officials from the Depart- with institutions of higher edu- (2) the renewable energy industry; ment of Justice, the Department of Home- cation. (3) the steel and aluminum industries; and land Security, the Department of the Treas- Sec. 5213. Conforming amendments to Treas- (4) such other industries as the task force ury, the Government Accountability Office, ury positions established by considers appropriate. and other agencies. Foreign Investment Risk Re- (b) REPORT.—Not later than 180 days after (5) In the National Strategy for Combating view Modernization Act of 2018. the date of enactment of this Act, the Presi- Terrorist and Other Illicit Financing, issued dent shall provide to the appropriate con- TITLE III—REPORTS in 2020, the Department of the Treasury gressional committees— Sec. 5301. Review of the presence of Chinese found the following: ‘‘Misuse of legal entities (1) a briefing on the progress of the inter- entities in United States cap- to hide a criminal beneficial owner or illegal agency task force and its findings as de- ital markets. source of funds continues to be a common, if scribed in subsection (a); and Sec. 5302. Report on malign activity involv- not the dominant, feature of illicit finance (2) recommendations to the committees on ing Chinese state-owned enter- schemes, especially those involving money potential amendments to antitrust and com- prises. laundering, predicate offences, tax evasion, petition laws in the United States that Sec. 5303. Report on use and applicability of and proliferation financing.’’. would strengthen the ability of United sanctions to Chinese officials (6) Federal legislation, including the Anti- States antitrust enforcement agencies to complicit in human rights vio- Money Laundering Act of 2020 (division F of bring actions against anticompetitive busi- lations and violations of United Public Law 116–283) and the Corporate Trans- ness practices by Chinese companies. States sanctions with respect parency Act (title LXIV of division F of Pub- (c) APPROPRIATE CONGRESSIONAL COMMIT- to Hong Kong. lic Law 116–283), combating the crime of TEES DEFINED.—In this section, the term Sec. 5304. Report on domestic shortfalls of money laundering and providing for the col- ‘‘appropriate congressional committees’’ industrial resources, materials, lection of beneficial ownership information means— and critical technology items by the Financial Crimes Enforcement Net- (1) the Committee on Banking, Housing, essential to the national de- work of the Department of the Treasury (re- and Urban Affairs, the Committee on For- fense. ferred to in this section as ‘‘FinCEN’’) with eign Relations, the Committee on Finance,

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Transportation of the Senate; and States; and (7) PERSON.—The term ‘‘person’’ means an (2) the Committee on Financial Services, (10) to specifically encourage United States individual or entity. the Committee on Foreign Affairs, the Com- businesses to develop and agree to a code of (8) UNITED STATES PERSON.—The term mittee on Ways and Means, the Committee conduct for business with or in the People’s ‘‘United States person’’ means— on the Judiciary, and the Committee on En- Republic of China, pursuant to which a (A) a United States citizen or an alien law- ergy and Commerce of the House of Rep- United States business would commit— fully admitted for permanent residence to resentatives. (A) to protect the free speech rights of its the United States; SEC. 5103. EXPANSION OF STUDY AND STRATEGY employees to, in their personal capacities, (B) an entity organized under the laws of ON MONEY LAUNDERING BY THE express views on global issues without fear the United States or of any jurisdiction PEOPLE’S REPUBLIC OF CHINA TO that pressure from the Government of the within the United States, including a foreign INCLUDE RISKS OF CONTRIBUTING People’s Republic of China would result in branch of such an entity; or TO CORRUPTION. them being retaliated against by the busi- (C) any person in the United States. (a) IN GENERAL.—Section 6507 of the Anti- ness; Money Laundering Act of 2020 (division F of SEC. 5202. USE OF SANCTIONS AUTHORITIES (B) to ensure that products and services WITH RESPECT TO THE PEOPLE’S Public Law 116–283) is amended— made by the business and sold in the Peo- REPUBLIC OF CHINA. (1) in subsection (a)— ple’s Republic of China do not enable the (a) FINDINGS.—Congress makes the fol- (A) in paragraph (3), by striking ‘‘; and’’ Government of the People’s Republic of lowing findings: and inserting a semicolon; China to undermine fundamental rights and (1) Congress has provided the President (B) in paragraph (4), by striking the period freedoms, for example by facilitating repres- with a broad range of tough authorities to at the end and inserting ‘‘; and’’; and sion and censorship; impose sanctions to address malign behavior (C) by adding at the end the following: (C) to maintain robust due diligence pro- by the Government of the People’s Republic ‘‘(5) the ways in which such increased il- grams to ensure that the business is not en- of China and individuals and entities in the licit finance risks may contribute to corrup- gaging in business with— People’s Republic of China, including indi- tion involving Chinese firms and a strategy (i) the military of the People’s Republic of viduals and entities engaging in— to combat such corruption.’’; and China; (A) intellectual property theft; (2) in subsection (b), by inserting ‘‘and cor- (ii) any Chinese entity subject to United (B) cyber-related economic espionage; ruption’’ after ‘‘activities’’. States export controls without a required li- (C) repression of ethnic minorities; (b) EFFECTIVE DATE.—The amendments cense; or (D) the use of forced labor and other made by subsection (a) shall take effect as if (iii) any other Chinese actor that engages included in the enactment of the Anti-Money human rights abuses; in conduct prohibited by the law of the (E) abuses of the international trading sys- Laundering Act of 2020 (division F of Public United States; Law 116–283). tem; (D) to disclose publicly any funding or sup- (F) illicit assistance to and trade with the SEC. 5104. STATEMENT OF POLICY TO ENCOUR- port received from Chinese diplomatic mis- Government of North Korea; and AGE THE DEVELOPMENT OF A COR- sions or other entities linked to the Govern- PORATE CODE OF CONDUCT FOR (G) drug trafficking, including trafficking COUNTERING MALIGN INFLUENCE ment of the People’s Republic of China; in fentanyl and other opioids. IN THE PRIVATE SECTOR. (E) to help mentor and support (2) Congress has in many cases mandated It is the policy of the United States— businesspeople and entrepreneurs from the the imposition of sanctions and other meas- (1) to support business practices that are People’s Republic of China to ensure that ures with respect to individuals and entities open, transparent, respect workers’ rights, they can enjoy full economic freedom; identified as responsible for such behavior. and are environmentally conscious; (F) to ensure that employees of the busi- (b) RECOMMENDATION TO USE AUTHORI- (2) to reaffirm the commitment of the ness in the People’s Republic of China are TIES.— United States to economic freedom, which is not subject to undue influence by the Gov- (1) IN GENERAL.—The President should use the bedrock of the United States economy ernment of the People’s Republic of China at the full range of authorities available to the and enables anyone in the United States to their workplace; and President, including the authorities de- freely conduct business and pursue the (G) to ensure that agreements and prac- scribed in paragraph (2) to impose sanctions American dream; tices of the business in the People’s Republic and other measures to combat malign behav- (3) to support freedom of expression for all of China ensure the protection of intellectual ior by the Government of the People’s Re- people; property. public of China, entities owned or controlled (4) to promote the security of United TITLE II—PROTECTING UNITED STATES by that Government, and other Chinese indi- States supply chains and United States busi- NATIONAL SECURITY viduals and entities responsible for such be- nesses against malign foreign influence; havior. Subtitle A—Sanctions With Respect to (5) to welcome and commit to supporting (2) AUTHORITIES DESCRIBED.—The authori- People’s Republic of China business people from the People’s Republic ties described in this paragraph include the of China who are in the United States to pur- SEC. 5201. DEFINITIONS. following: sue the American dream, free from restric- In this subtitle: (A) The Global Magnitsky Human Rights tions and surveillance, including freedom of (1) ADMISSION; ADMITTED; ALIEN; LAWFULLY Accountability Act (subtitle F of title XII of inquiry and freedom of expression, that may ADMITTED FOR PERMANENT RESIDENCE.—The Public Law 114–328; 22 U.S.C. 2656 note). be proscribed or restricted in the People’s terms ‘‘admission’’, ‘‘admitted’’, ‘‘alien’’, (B) Section 1637 of the Carl Levin and How- Republic of China; and ‘‘lawfully admitted for permanent resi- ard P. ‘‘Buck’’ McKeon National Defense Au- (6) to condemn and oppose xenophobia and dence’’ have the meanings given those terms thorization Act for Fiscal Year 2015 (50 racial discrimination in any form, including in section 101 of the Immigration and Na- U.S.C. 1708) (relating to addressing economic against Chinese businesspeople, entre- tionality Act (8 U.S.C. 1101). and industrial espionage in cyberspace). preneurs, and visitors in the United States; (2) APPROPRIATE CONGRESSIONAL COMMIT- (C) The Fentanyl Sanctions Act (21 U.S.C. (7) to recognize the threats posed to eco- TEES.—The term ‘‘appropriate congressional 2301 et seq.). nomic freedom and freedom of expression by committees’’ means— (D) The Hong Kong Autonomy Act (Public the Government of the People’s Republic of (A) the Committee on Banking, Housing, Law 116–149; 22 U.S.C. 5701 note) (relating to China, which are seeking to influence and and Urban Affairs and the Committee on the imposition of sanctions with respect to interfere with United States businesses and Foreign Relations of the Senate; and the erosion of certain obligations of the Peo- distort United States markets for the gain of (B) the Committee on Financial Services ple’s Republic of China with respect to Hong the People’s Republic of China, either di- and the Committee on Foreign Affairs of the Kong). rectly or indirectly; House of Representatives. (E) Section 7 of the Hong Kong Human (8) to condemn the practice by the Govern- (3) CHINESE ENTITY.—The term ‘‘Chinese Rights and Democracy Act of 2019 (Public ment of the People’s Republic of China of— entity’’ means an entity organized under the Law 116–76; 22 U.S.C. 5701 note) (relating to (A) direct and indirect surveillance and laws of or otherwise subject to the jurisdic- the imposition of sanctions relating to un- censorship and acts of retaliation by officials tion of the People’s Republic of China. dermining fundamental freedoms and auton- of that Government or their agents against (4) ENTITY.—The term ‘‘entity’’ means a omy in Hong Kong). businesspeople, entrepreneurs, and Chinese partnership, association, trust, joint ven- (F) Section 6 of the Uyghur Human Rights students and scholars; or ture, corporation, group, subgroup, or other Policy Act of 2020 (Public Law 116–145; 22 (B) harassment of their family members in organization. U.S.C. 6901 note) (relating to the imposition the People’s Republic of China; (5) FOREIGN PERSON.—The term ‘‘foreign of sanctions with respect to violations of (9) to encourage United States businesses person’’ means any person that is not a human rights of minority groups in the that conduct substantial business with or in United States person. Xinjiang Uyghur Autonomous Region). the People’s Republic of China to collec- (6) KNOWINGLY.—The term ‘‘knowingly’’, (G) The Export Control Reform Act of 2018 tively develop and commit to using best with respect to conduct, a circumstance, or a (50 U.S.C. 4801 et seq.) (relating to the impo- practices to ensure that their business in or result, means that a person has actual sition of new export controls).

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(H) Export control measures required to be (A) VISAS, ADMISSION, OR PAROLE.—An alien and the imposition of both such sanctions maintained with respect to entities in the described in subsection (a)(1) is— shall be treated as 2 sanctions for purposes of telecommunications sector of the People’s (i) inadmissible to the United States; subsection (a)(3). Republic of China, including under section (ii) ineligible to receive a visa or other doc- (6) PROCUREMENT SANCTION.—The United 1260I of the National Defense Authorization umentation to enter the United States; and States Government may not procure, or Act for Fiscal Year 2020 (Public Law 116–92; (iii) otherwise ineligible to be admitted or enter into any contract for the procurement 133 Stat. 1687) (relating to limiting the re- paroled into the United States or to receive of, any goods or services from the entity. moval of Huawei Technologies Co. Ltd. from any other benefit under the Immigration and (7) FOREIGN EXCHANGE.—The President the entity list of the Bureau of Industry and Nationality Act (8 U.S.C. 1101 et seq.). may, pursuant to such regulations as the Security). (B) CURRENT VISAS REVOKED.— President may prescribe, prohibit any trans- (I) Section 889(a)(1)(B) of the John S. (i) IN GENERAL.—An alien described in sub- actions in foreign exchange that are subject McCain National Defense Authorization Act section (a)(1) is subject to revocation of any to the jurisdiction of the United States and for Fiscal Year 2019 (Public Law 115–232; 41 visa or other entry documentation regardless in which the entity has any interest. U.S.C. 3901 note prec.) (relating to a prohibi- of when the visa or other entry documenta- (8) BANKING TRANSACTIONS.—The President tion on Federal Government contracts with tion is or was issued. may, pursuant to such regulations as the entities that use telecommunications equip- (ii) IMMEDIATE EFFECT.—A revocation President may prescribe, prohibit any trans- ment or services produced by certain Chinese under clause (i) shall— fers of credit or payments between financial entities). (I) take effect pursuant to section 221(i) of institutions or by, through, or to any finan- (J) The North Korea Sanctions and Policy the Immigration and Nationality Act (8 cial institution, to the extent that such Enhancement Act of 2016 (22 U.S.C. 9201 et U.S.C. 1201(i)); and transfers or payments are subject to the ju- seq.), including the amendments made to (II) cancel any other valid visa or entry risdiction of the United States and involve that Act by the Otto Warmbier North Korea documentation that is in the alien’s posses- any interest of the entity. Nuclear Sanctions and Enforcement Act of sion. (9) PROPERTY TRANSACTIONS.—The Presi- 2019 (title LXXI of Public Law 116–92; 22 (c) SANCTIONS FOR ENTITIES ENGAGING OR dent may, pursuant to such regulations as U.S.C. 9201 note). ASSISTING SIGNIFICANT ACTIVITIES UNDER- the President may prescribe, prohibit any (K) Section 73 of the Bretton Woods Agree- MINING CYBERSECURITY.—The sanctions to be person from— ments Act (22 U.S.C. 286yy), as added by sec- imposed under subsection (a)(3) with respect (A) acquiring, holding, withholding, using, tion 7124 of the Otto Warmbier North Korea to an entity are the following: transferring, withdrawing, transporting, or Nuclear Sanctions and Enforcement Act of (1) EXPORT-IMPORT BANK ASSISTANCE FOR exporting any property that is subject to the 2019 (title LXXI of Public Law 116–92; 22 EXPORTS TO SANCTIONED PERSONS.—The Presi- jurisdiction of the United States and with re- U.S.C. 9201 note). dent may direct the Export-Import Bank of spect to which the entity has any interest; SEC. 5203. IMPOSITION OF SANCTIONS WITH RE- the United States not to give approval to the (B) dealing in or exercising any right, SPECT TO ACTIVITIES OF THE PEO- issuance of any guarantee, insurance, exten- power, or privilege with respect to such prop- PLE’S REPUBLIC OF CHINA UNDER- sion of credit, or participation in the exten- erty; or MINING CYBERSECURITY, INCLUD- sion of credit in connection with the export (C) conducting any transaction involving ING CYBER ATTACKS ON UNITED of any goods or services to the entity. such property. STATES GOVERNMENT OR PRIVATE (2) EXPORT SANCTION.—The President may SECTOR NETWORKS. (10) BAN ON INVESTMENT IN EQUITY OR DEBT order the United States Government not to (a) IN GENERAL.—On and after the date OF SANCTIONED PERSON.—The President may, that is 180 days after the date of the enact- issue any specific license and not to grant pursuant to such regulations or guidelines as ment of this Act, and not less frequently any other specific permission or authority to the President may prescribe, prohibit any than annually thereafter, the President export any goods or technology to the entity United States person from investing in or shall— under— purchasing significant amounts of equity or (1) identify each foreign person that the (A) the Export Control Reform Act of 2018 debt instruments of the entity. President determines— (50 U.S.C. 4801 et seq.); (11) EXCLUSION OF CORPORATE OFFICERS.— (A) knowingly engages in significant ac- (B) the Arms Export Control Act (22 U.S.C. The President may direct the Secretary of tivities undermining cybersecurity against 2751 et seq.); State to deny a visa to, and the Secretary of any person, including a democratic institu- (C) the Atomic Energy Act of 1954 (42 Homeland Security to exclude from the tion, or governmental entity on behalf of the U.S.C. 2011 et seq.); or United States, any alien that the President Government of the People’s Republic of (D) any other statute that requires the determines is a corporate officer or principal China; prior review and approval of the United of, or a shareholder with a controlling inter- (B) is owned or controlled by, or acts or States Government as a condition for the ex- est in, the entity. purports to act for or on behalf of, directly port or reexport of goods or services. (12) SANCTIONS ON PRINCIPAL EXECUTIVE OF- or indirectly, a person described in subpara- (3) LOANS FROM UNITED STATES FINANCIAL FICERS.—The President may impose on the graph (A); or INSTITUTIONS.—The President may prohibit principal executive officer or officers of the (C) knowingly materially assists, sponsors, any United States financial institution from entity, or on persons performing similar or provides financial, material, or techno- making loans or providing credits to the en- functions and with similar authorities as logical support for, or goods or services in tity totaling more than $10,000,000 in any 12- such officer or officers, any of the sanctions support of— month period unless the person is engaged in under this subsection. (i) an activity described in subparagraph activities to relieve human suffering and the (d) NATIONAL SECURITY WAIVER.—The (A); or loans or credits are provided for such activi- President may waive the imposition of sanc- (ii) a person described in subparagraph (A) ties. tions under this section with respect to a or (B) the property and interests in property (4) LOANS FROM INTERNATIONAL FINANCIAL foreign person if the President— of which are blocked pursuant to this sec- INSTITUTIONS.—The President may direct the (1) determines that such a waiver is in the tion; United States executive director to each national security interests of the United (2) impose the sanctions described in sub- international financial institution to use the States; and section (b) with respect to each individual voice and vote of the United States to oppose (2) not more than 15 days after issuing the identified under paragraph (1); and any loan from the international financial in- waiver, submits to the appropriate congres- (3) impose 5 or more of the sanctions de- stitution that would benefit the entity. sional committees a notification of the waiv- scribed in subsection (c) with respect to each (5) PROHIBITIONS ON FINANCIAL INSTITU- er and the reasons for the waiver. entity identified under paragraph (1). TIONS.—The following prohibitions may be (e) SIGNIFICANT ACTIVITIES UNDERMINING (b) SANCTIONS FOR ENGAGING IN SIGNIFICANT imposed against the entity if the entity is a CYBERSECURITY DEFINED.—In this section, ACTIVITIES UNDERMINING CYBERSECURITY.— financial institution: the term ‘‘significant activities undermining The sanctions to be imposed under sub- (A) PROHIBITION ON DESIGNATION AS PRI- cybersecurity’’ includes— section (a)(2) with respect to an individual MARY DEALER.—Neither the Board of Gov- (1) significant efforts— are the following: ernors of the Federal Reserve System nor (A) to deny access to or degrade, com- (1) BLOCKING OF PROPERTY.—The exercise of the Federal Reserve Bank of New York may promise, disrupt, or destroy an information all powers granted to the President by the designate, or permit the continuation of any and communications technology system or International Emergency Economic Powers prior designation of, the financial institution network; or Act (50 U.S.C. 1701 et seq.) to the extent nec- as a primary dealer in United States Govern- (B) to exfiltrate, degrade, corrupt, destroy, essary to block and prohibit all transactions ment debt instruments. or release information from such a system or in all property and interests in property of (B) PROHIBITION ON SERVICE AS A REPOSI- network without authorization for purposes the individual if such property and interests TORY OF GOVERNMENT FUNDS.—The financial of— in property are in the United States, come institution may not serve as agent of the (i) conducting influence operations; or within the United States, or are or come United States Government or serve as repos- (ii) causing a significant misappropriation within the possession or control of a United itory for United States Government funds. of funds, economic resources, trade secrets, States person. The imposition of either sanction under sub- personal identifications, or financial infor- (2) INELIGIBILITY FOR VISAS, ADMISSION, OR paragraph (A) or (B) shall be treated as one mation for commercial or competitive ad- PAROLE.— sanction for purposes of subsection (a)(3), vantage or private financial gain;

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(2) significant destructive malware at- (C) EXPORT-IMPORT BANK ASSISTANCE FOR (2) SANCTIONS APPLICABLE TO INDIVIDUALS.— tacks; or EXPORTS TO SANCTIONED PERSONS.—The Presi- In the case of an alien identified under sub- (3) significant denial of service activities. dent may direct the Export-Import Bank of paragraph (A) of subsection (a)(1) in the most SEC. 5204. IMPOSITION OF SANCTIONS WITH RE- the United States not to give approval to the recent report submitted under that sub- SPECT TO THEFT OF TRADE SE- issuance of any guarantee, insurance, exten- section, the following shall apply: CRETS OF UNITED STATES PERSONS. sion of credit, or participation in the exten- (A) BLOCKING OF PROPERTY.—The President (a) REPORT REQUIRED.— sion of credit in connection with the export shall, pursuant to the International Emer- (1) IN GENERAL.—Not later than 180 days of any goods or services to the entity. gency Economic Powers Act (50 U.S.C. 1701 after the date of the enactment of this Act, (D) LOANS FROM UNITED STATES FINANCIAL et seq.), block and prohibit all transactions and not less frequently than annually there- INSTITUTIONS.—The President may prohibit in all property and interests in property of after, the President shall submit to the ap- any United States financial institution from the alien if such property and interests in propriate congressional committees a re- making loans or providing credits to the en- property are in the United States, come port— tity totaling more than $10,000,000 in any 12- within the United States, or are or come (A) identifying any foreign person the month period unless the person is engaged in within the possession or control of a United President determines, during the period activities to relieve human suffering and the States person. specified in paragraph (2)— loans or credits are provided for such activi- (B) INELIGIBILITY FOR VISAS, ADMISSION, OR (i) has knowingly engaged in, or benefitted ties. PAROLE.— from, significant theft of trade secrets of (E) LOANS FROM INTERNATIONAL FINANCIAL (i) VISAS, ADMISSION, OR PAROLE.—An alien United States persons, if the theft of such INSTITUTIONS.—The President may direct the described in subparagraph (A) of subsection trade secrets occurred on or after such date United States executive director to each (a)(1) is— of enactment and is reasonably likely to re- international financial institution to use the (I) inadmissible to the United States; sult in, or has materially contributed to, a voice and vote of the United States to oppose (II) ineligible to receive a visa or other significant threat to the national security, any loan from the international financial in- documentation to enter the United States; foreign policy, or economic health or finan- stitution that would benefit the entity. and cial stability of the United States; (F) PROHIBITIONS ON FINANCIAL INSTITU- (III) otherwise ineligible to be admitted or (ii) has provided significant financial, ma- TIONS.—The following prohibitions may be paroled into the United States or to receive terial, or technological support for, or goods imposed against the entity if the entity is a any other benefit under the Immigration and or services in support of or to benefit signifi- financial institution: Nationality Act (8 U.S.C. 1101 et seq.). cantly from, such theft; (i) PROHIBITION ON DESIGNATION AS PRIMARY (ii) CURRENT VISAS REVOKED.— (iii) is an entity that is owned or con- DEALER .—Neither the Board of Governors of (I) IN GENERAL.—An alien described in sub- trolled by, or that has acted or purported to the Federal Reserve System nor the Federal paragraph (A) of subsection (a)(1) is subject act for or on behalf of, directly or indirectly, Reserve Bank of New York may designate, or to revocation of any visa or other entry doc- any foreign person identified under clause (i) permit the continuation of any prior des- or (ii); or umentation regardless of when the visa or ignation of, the financial institution as a pri- other entry documentation is or was issued. (iv) is a chief executive officer or member mary dealer in United States Government of the board of directors of any foreign enti- (II) IMMEDIATE EFFECT.—A revocation debt instruments. under subclause (I) shall— ty identified under clause (i) or (ii); (ii) PROHIBITION ON SERVICE AS A REPOSI- (aa) take effect pursuant to section 221(i) (B) describing the nature, objective, and TORY OF GOVERNMENT FUNDS.—The financial of the Immigration and Nationality Act (8 outcome of the theft of trade secrets each institution may not serve as agent of the U.S.C. 1201(i)); and foreign person described in subparagraph United States Government or serve as repos- (bb) cancel any other valid visa or entry (A)(i) engaged in or benefitted from; and itory for United States Government funds. documentation that is in the alien’s posses- (C) assessing whether any chief executive The imposition of either sanction under sion. officer or member of the board of directors clause (i) or (ii) shall be treated as one sanc- described in clause (iv) of subparagraph (A) tion for purposes of this subsection, and the (c) NATIONAL INTEREST WAIVER.—The engaged in, or benefitted from, activity de- imposition of both such sanctions shall be President may waive the imposition of sanc- scribed in clause (i) or (ii) of that subpara- treated as 2 sanctions for purposes of this tions under subsection (b) with respect to a graph. subsection. person if the President— (2) PERIOD SPECIFIED.—The period specified (G) PROCUREMENT SANCTION.—The United (1) determines that such a waiver is in the in this paragraph is— States Government may not procure, or national interests of the United States; and (A) in the case of the first report required enter into any contract for the procurement (2) not more than 15 days after issuing the by paragraph (1), the period beginning on the of, any goods or services from the entity. waiver, submits to the appropriate congres- date of the enactment of this Act and ending (H) FOREIGN EXCHANGE.—The President sional committees a notification of the waiv- on the date on which the report is required may, pursuant to such regulations as the er and the reasons for the waiver. to be submitted; and President may prescribe, prohibit any trans- (d) TERMINATION OF SANCTIONS.—Sanctions (B) in the case of each subsequent report actions in foreign exchange that are subject imposed under subsection (b) with respect to required by paragraph (1), the one-year pe- to the jurisdiction of the United States and a foreign person identified in a report sub- riod preceding the date on which the report in which the entity has any interest. mitted under subsection (a) shall terminate is required to be submitted. (I) BANKING TRANSACTIONS.—The President if the President certifies to the appropriate (3) FORM OF REPORT.—Each report required may, pursuant to such regulations as the congressional committees, before the termi- by paragraph (1) shall be submitted in un- President may prescribe, prohibit any trans- nation takes effect, that the person is no classified form but may include a classified fers of credit or payments between financial longer engaged in the activity identified in annex. institutions or by, through, or to any finan- the report. (b) AUTHORITY TO IMPOSE SANCTIONS.— cial institution, to the extent that such (e) DEFINITIONS.—In this section: (1) SANCTIONS APPLICABLE TO ENTITIES.—In transfers or payments are subject to the ju- (1) EXPORT ADMINISTRATION REGULATIONS.— the case of a foreign entity identified under risdiction of the United States and involve The term ‘‘Export Administration Regula- subparagraph (A) of subsection (a)(1) in the any interest of the entity. tions’’ means subchapter C of chapter VII of most recent report submitted under that (J) BAN ON INVESTMENT IN EQUITY OR DEBT title 15, Code of Federal Regulations. subsection, the President shall impose not OF SANCTIONED PERSON.—The President may, (2) FOREIGN ENTITY.—The term ‘‘foreign en- less than 5 of the following: pursuant to such regulations or guidelines as tity’’ means an entity that is not a United (A) BLOCKING OF PROPERTY.—The President the President may prescribe, prohibit any States person. may, pursuant to the International Emer- United States person from investing in or (3) TRADE SECRET.—The term ‘‘trade se- gency Economic Powers Act (50 U.S.C. 1701 purchasing significant amounts of equity or cret’’ has the meaning given that term in et seq.), block and prohibit all transactions debt instruments of the entity. section 1839 of title 18, United States Code. in all property and interests in property of (K) EXCLUSION OF CORPORATE OFFICERS.— the entity if such property and interests in The President may direct the Secretary of SEC. 5205. IMPLEMENTATION; PENALTIES. property are in the United States, come State to deny a visa to, and the Secretary of (a) IMPLEMENTATION.—The President may within the United States, or are or come Homeland Security to exclude from the exercise all authorities provided under sec- within the possession or control of a United United States, any alien that the President tions 203 and 205 of the International Emer- States person. determines is a corporate officer or principal gency Economic Powers Act (50 U.S.C. 1702 (B) INCLUSION ON ENTITY LIST.—The Presi- of, or a shareholder with a controlling inter- and 1704) to carry out this subtitle. dent may include the entity on the entity est in, the entity. (b) PENALTIES.—A person that violates, at- list maintained by the Bureau of Industry (L) SANCTIONS ON PRINCIPAL EXECUTIVE OF- tempts to violate, conspires to violate, or and Security of the Department of Com- FICERS.—The President may impose on the causes a violation of this subtitle or any reg- merce and set forth in Supplement No. 4 to principal executive officer or officers of the ulation, license, or order issued to carry out part 744 of the Export Administration Regu- entity, or on individuals performing similar this subtitle shall be subject to the penalties lations, for activities contrary to the na- functions and with similar authorities as set forth in subsections (b) and (c) of section tional security or foreign policy interests of such officer or officers, any of the sanctions 206 of the International Emergency Eco- the United States. under this paragraph. nomic Powers Act (50 U.S.C. 1705) to the

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2719 same extent as a person that commits an un- (E) DNA sequencing; or TITLE III—REPORTS lawful act described in subsection (a) of that (2) end-use and end-user controls should be SEC. 5301. REVIEW OF THE PRESENCE OF CHI- section. imposed on the export, reexport, or in-coun- NESE ENTITIES IN UNITED STATES SEC. 5206. EXCEPTIONS. try transfer of certain items with critical ca- CAPITAL MARKETS. (a) INTELLIGENCE ACTIVITIES.—This subtitle pabilities to enable human rights abuses (a) REPORT REQUIRED.— shall not apply with respect to activities that are subject to the Export Administra- (1) IN GENERAL.—Not later than 180 days subject to the reporting requirements under tion Regulations if the person seeking to ex- after the date of the enactment of this Act, title V of the National Security Act of 1947 port, reexport, or transfer the item has 3 years after such date of enactment, and 5 (50 U.S.C. 3091 et seq.) or any authorized in- knowledge, or the Secretary determines and years after such date of enactment, the Sec- telligence activities of the United States. so informs that person, that the end-user or retary of the Treasury, in consultation with (b) LAW ENFORCEMENT ACTIVITIES.—Sanc- ultimate consignee will use the item to en- the Director of National Intelligence, the tions under this subtitle shall not apply with able human rights abuses. Secretary of State, and the Chairman of the respect to any authorized law enforcement (d) COOPERATION OF OTHER AGENCIES.— Securities and Exchange Commission, shall activities of the United States. Upon request from the Secretary, the head of submit to the appropriate congressional (c) EXCEPTION TO COMPLY WITH INTER- a Federal agency shall provide full support committees an unclassified report that de- NATIONAL AGREEMENTS.—Sanctions under and cooperation to the Secretary in carrying scribes the risks posed to the United States this subtitle shall not apply with respect to out this section. by the presence in United States capital the admission of an alien to the United (e) INTERNATIONAL COORDINATION ON CON- markets of entities incorporated in the Peo- States if such admission is necessary to com- TROLS TO PROTECT HUMAN RIGHTS.—It shall ple’s Republic of China. ply with the obligations of the United States be the policy of the United States to seek to (2) MATTERS TO BE INCLUDED.—Each report under the Agreement regarding the Head- secure the cooperation of other governments required under paragraph (1) shall— quarters of the United Nations, signed at to impose export controls that are con- (A) identify entities incorporated in the Lake Success June 26, 1947, and entered into sistent, to the extent possible, with the con- People’s Republic of China— force November 21, 1947, between the United trols imposed under this section. (i)(I) the securities (including American Nations and the United States, or the Con- (f) CONFORMING AMENDMENT.—Section depositary receipts) of which are listed or vention on Consular Relations, done at Vi- 1752(2)(A) of the Export Control Reform Act traded on one or several national securities enna April 24, 1963, and entered into force of 2018 (50 U.S.C. 4811(2)(A)) is amended— exchanges, or traded through any process March 19, 1967, or other international obliga- (1) in clause (iv), by striking ‘‘; or’’ and in- commonly referred to as the ‘‘over-the- tions. serting a semicolon; counter’’ method of trading, within the (d) EXCEPTION RELATING TO IMPORTATION OF (2) in clause (v), by striking the period and United States; or GOODS.— inserting ‘‘; or’’; and (II) that have ‘‘A Shares’’ listed or traded (1) IN GENERAL.—The authority or a re- (3) by adding at the end the following: on mainland exchanges in the People’s Re- quirement to impose sanctions under this ‘‘(vi) serious human rights abuses.’’. public of China that are included in index- subtitle shall not include the authority or a (g) DEFINITIONS.—In this section: based, exchange-traded funds purchased or requirement to impose sanctions on the im- (1) END-USER; KNOWLEDGE; ULTIMATE CON- sold within the United States; and portation of goods. SIGNEE.—The terms ‘‘end-user’’, ‘‘knowl- (ii) that, based on the factors for consider- (2) GOOD DEFINED.—In this subsection, the edge’’, and ‘‘ultimate consignee’’ have the ation described in paragraph (3), have know- term ‘‘good’’ means any article, natural or meanings given those terms in section 772.1 ingly and materially contributed to— manmade substance, material, supply, or of the Export Administration Regulations. (I) activities that undermine United States manufactured product, including inspection (2) EXPORT; EXPORT ADMINISTRATION REGU- national security; and test equipment, and excluding technical LATIONS; IN-COUNTRY TRANSFER; ITEM; REEX- (II) serious abuses of internationally recog- data. PORT.—The terms ‘‘export’’, ‘‘Export Admin- nized human rights; or istration Regulations’’, ‘‘in-country trans- Subtitle B—Export Control Review And (III) a substantially increased financial fer’’, ‘‘item’’, and ‘‘reexport’’ have the mean- Other Matters risk exposure for United States-based inves- ings given those terms in section 1742 of the SEC. 5211. REVIEW AND CONTROLS ON EXPORT tors; Export Control Reform Act of 2018 (50 U.S.C. (B) describe the activities of the entities OF ITEMS WITH CRITICAL CAPABILI- 4801). TIES TO ENABLE HUMAN RIGHTS identified pursuant to subparagraph (A) and ABUSES. (3) SECRETARY.—The term ‘‘Secretary’’ their implications for the United States; and means the Secretary of Commerce. (a) STATEMENT OF POLICY.—It is the policy (C) develop policy recommendations for of the United States to use export controls SEC. 5212. PROHIBITION ON REVIEWS BY COM- the United States Government, United to the extent necessary to further the pro- MITTEE ON FOREIGN INVESTMENT States financial institutions, national secu- IN THE UNITED STATES OF CERTAIN rities exchanges, and other relevant stake- tection of internationally recognized human FOREIGN GIFTS TO AND CONTRACTS rights. WITH INSTITUTIONS OF HIGHER holders to address any risks posed by the (b) REVIEW OF ITEMS WITH CRITICAL CAPA- EDUCATION. presence in United States capital markets of BILITIES TO ENABLE HUMAN RIGHTS ABUSES.— (a) IN GENERAL.—Notwithstanding any the entities identified pursuant to subpara- Not later than 180 days after the date of the other provision of law, the Committee on graph (A). enactment of this Act, and as appropriate Foreign Investment in the United States (3) FACTORS FOR CONSIDERATION.—In com- thereafter, the Secretary, in coordination may not review or investigate a gift to an in- pleting each report under paragraph (1), the with the Secretary of State, the Director of stitution of higher education from a foreign Secretary of the Treasury shall consider National Intelligence, and the heads of other person, or the entry into a contract by such whether an entity identified pursuant to Federal agencies as appropriate, shall con- an institution with a foreign person, that is paragraph (2)(A)— duct a review of items subject to controls for not a covered transaction as defined in sec- (A) has materially contributed to the de- crime control reasons pursuant to section tion 721(a)(4) of the Defense Production Act velopment or manufacture, or sold or facili- 742.7 of the Export Administration Regula- of 1950 (50 U.S.C. 4565(a)(4)), as in effect on tated procurement by the People’s Libera- tions. the day before the date of the enactment of tion Army, of lethal military equipment or (c) CONTROLS.—In furtherance of the policy this Act. component parts of such equipment; set forth in subsection (a), not later than 60 (b) PROHIBITION ON USE OF FUNDS.—Not- (B) has contributed to the construction days after completing the review required by withstanding any other provision of law, and militarization of features in the South subsection (b), the Secretary, in coordina- none of the funds authorized to be appro- China Sea; tion with the heads of other Federal agencies priated or otherwise made available for fis- (C) has been sanctioned by the United as appropriate, shall determine whether ad- cal year 2021 or any fiscal year thereafter States or has been determined to have conditional export controls are needed to pro- may be obligated or expended by the Com- ducted business with sanctioned entities; tect human rights, including whether— mittee on Foreign Investment in the United (D) has engaged in an act or a series of acts (1) controls for crime control reasons pur- States to review or investigate a gift or con- of intellectual property theft; suant to section 742.7 of the Export Adminis- tract described in subsection (a). (E) has engaged in corporate or economic tration Regulations should be imposed on ad- SEC. 5213. CONFORMING AMENDMENTS TO espionage; ditional items, including items with critical TREASURY POSITIONS ESTABLISHED (F) has contributed to the proliferation of capabilities to enable human rights abuses BY FOREIGN INVESTMENT RISK RE- nuclear or missile technology in violation of involving— VIEW MODERNIZATION ACT OF 2018. United Nations Security Council resolutions (A) censorship or social control; (a) TITLE 31.—Section 301(e) of title 31, or United States sanctions; (B) surveillance, interception, or restric- United States Code, is amended in the first (G) has contributed to the repression of re- tion of communications; sentence by striking ‘‘8’’ and inserting ‘‘9’’. ligious and ethnic minorities within the Peo- (C) monitoring or restricting access to or (b) TITLE 5.—Section 5315 of title 5, United ple’s Republic of China, including in the use of the internet; States Code, is amended by striking ‘‘Assist- Xinjiang Uyghur Autonomous Region or the (D) identification of individuals through ant Secretaries of the Treasury (10).’’ and in- Tibet Autonomous Region; facial or voice recognition or biometric indi- serting ‘‘Assistant Secretaries of the Treas- (H) has contributed to the development of cators; or ury (11).’’. technologies that enable censorship directed

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2720 CONGRESSIONAL RECORD — SENATE May 18, 2021 or directly supported by the Government of tifies the amount of such assistance received SEC. 5304. REPORT ON DOMESTIC SHORTFALLS the People’s Republic of China; by the enterprise, company, or subsidiary; OF INDUSTRIAL RESOURCES, MATE- (I) has failed to comply fully with Federal and RIALS, AND CRITICAL TECHNOLOGY securities laws (including required audits by (4) includes recommendations for any leg- ITEMS ESSENTIAL TO THE NA- TIONAL DEFENSE. the Public Company Accounting Oversight islative or administrative action to address (a) IN GENERAL.—Not later than 180 days Board) and ‘‘material risk’’ disclosure re- matters identified in the report, including after the date of the enactment of this Act, quirements of the Securities and Exchange any recommendations with respect to addi- the President shall submit to the Committee Commission; or tional limitations on United States financial on Banking, Housing, and Urban Affairs of (J) has contributed to other activities or assistance provided to enterprises, compa- the Senate and the Committee on Financial behavior determined to be relevant by the nies, and subsidiaries identified under para- Services of the House of Representatives a Secretary of the Treasury. graph (2). report that— (b) REPORT FORM.—Each report required (b) FORM OF REPORT.—The report required (1) identifies current or projected domestic under subsection (a)(1) shall be submitted in by subsection (a) shall be submitted in un- shortfalls of industrial resources, materials, unclassified form but may include a classi- classified form but may include a classified or critical technology items essential to the fied annex. annex. national defense; (c) PUBLICATION.—The unclassified portion (2) assesses strategic and critical materials of a report under subsection (a)(1) shall be (c) DEFINITIONS.—In this section: made accessible to the public online through (1) APPROPRIATE CONGRESSIONAL COMMIT- for which the United States relies on the relevant United States Government TEES.—The term ‘‘appropriate congressional People’s Republic of China as the sole or pri- websites. committees’’ means— mary source; and (d) DEFINITIONS.—In this section: (A) the Committee on Banking, Housing, (3) includes recommendations relating to (1) APPROPRIATE CONGRESSIONAL COMMIT- and Urban Affairs and the Committee on the use of authorities under the Defense Pro- TEES.—The term ‘‘appropriate congressional Foreign Relations of the Senate; and duction Act of 1950 (50 U.S.C. 4501 et seq.) to committees’’ means— (B) the Committee on Financial Services make investments to reduce the reliance of (A) the Committee on Banking, Housing, and the Committee on Foreign Affairs of the the United States on the People’s Republic and Urban Affairs, the Committee on For- House of Representatives. of China for strategic and critical materials. eign Relations, and the Select Committee on (2) JOINT DECLARATION.—The term ‘‘Joint (b) FORM OF REPORT.—The report required Intelligence of the Senate; and Declaration’’ means the Joint Declaration of by subsection (a) shall be submitted in un- (B) the Committee on Financial Services, the Government of the United Kingdom of classified form but may include a classified annex. the Committee on Foreign Affairs, and the Great Britain and Northern Ireland and the (c) DEFINITIONS.—In this section, the terms Government of the People’s Republic of Permanent Select Committee on Intelligence ‘‘industrial resources’’, ‘‘materials’’, ‘‘crit- of the House of Representatives. China on the Question of Hong Kong, done at ical technology item’’, and ‘‘national de- (2) NATIONAL SECURITIES EXCHANGE.—The Beijing December 19, 1984. fense’’ have the meanings given those terms term ‘‘national securities exchange’’ means SEC. 5303. REPORT ON USE AND APPLICABILITY in section 702 of the Defense Production Act an exchange registered as a national securi- OF SANCTIONS TO CHINESE OFFI- of 1950 (50 U.S.C. 4552). ties exchange in accordance with section 6 of CIALS COMPLICIT IN HUMAN SEC. 5305. REPORT ON IMPLEMENTATION OF the Securities Exchange Act of 1934 (15 RIGHTS VIOLATIONS AND VIOLA- PROCESS FOR EXCHANGE OF INFOR- U.S.C. 78f). TIONS OF UNITED STATES SANC- MATION BETWEEN COMMITTEE ON SEC. 5302. REPORT ON MALIGN ACTIVITY INVOLV- TIONS WITH RESPECT TO HONG FOREIGN INVESTMENT IN THE ING CHINESE STATE-OWNED ENTER- KONG. UNITED STATES AND ALLIES AND PRISES. (a) IN GENERAL.—Not later than 180 days PARTNERS. (a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with after the date of the enactment of this Act, the President shall submit to the appro- the Secretary of the Treasury, shall submit the chairperson of the Committee on Foreign priate congressional committees a report to the appropriate congressional committees Investment in the United States shall sub- that— a report on the use and applicability of sanc- mit to the Committee on Banking, Housing, (1) assesses whether and to what extent tions, including financial sanctions and the and Urban Affairs of the Senate and the state-owned enterprises in the People’s Re- denial of visas to enter the United States, Committee on Financial Services of the public of China are engaged in or knowingly with respect to officials of the Government House of Representatives a report on the im- facilitating— of the People’s Republic of China complicit plementation of the formal process for the (A) the commission of serious human in— exchange of information with governments rights abuses, including toward religious or (1) human rights violations, including se- of countries that are allies or partners of the ethnic minorities in the People’s Republic of vere religious freedom restrictions and United States described in section 721(c)(3) of China, including in the Xinjiang Uyghur Au- human trafficking; or the Defense Production Act of 1950 (50 U.S.C. tonomous Region; (2) violations of sanctions imposed by the 4565(c)(3)). (b) FORM OF REPORT.—The report required (B) the use of forced or child labor, includ- United States with respect to Hong Kong. ing forced or child labor involving ethnic mi- by subsection (a) shall be submitted in un- (b) ELEMENTS.—The report required by sub- norities in the People’s Republic of China; or classified form but may include a classified section (a) shall include— (C) any actions that erode or undermine annex. (1) a list of all relevant authorities under the autonomy of Hong Kong from the Peo- SEC. 5306. REPORT ON ECONOMIC AND NATIONAL statutes or Executive orders for imposing ple’s Republic of China, as established in the SECURITY IMPLICATIONS OF sanctions described in subsection (a); Basic Law of Hong Kong and the Joint Dec- CHANGES TO CROSS-BORDER PAY- (2) an assessment of where, if at all, such MENT AND FINANCIAL MESSAGING laration, and as further described in the authorities may conflict, overlap, or other- SYSTEMS. Hong Kong Autonomy Act (Public Law 116– wise require clarification; (a) IN GENERAL.—Not later than 180 days 149; 22 U.S.C. 5701 note); (3) a list of all instances in which designa- after the date of the enactment of this Act, (2) identifies— tions for the imposition of sanctions de- the Secretary of the Treasury, in collabora- (A) any state-owned enterprises in the Peo- scribed in subsection (a) were made during tion with the Secretary of State and the ple’s Republic of China that are engaged in the one-year period preceding submission of Board of Governors of the Federal Reserve or knowingly facilitating any activities de- the report; and System, shall submit to the appropriate con- scribed in paragraph (1); (4) an assessment of the effectiveness of gressional committees a report on the eco- (B) any Communist Chinese military com- those designations in changing desired be- nomic and national security implications of panies identified under section 1237(b) of the havior and recommendations for increasing material changes to the infrastructure or Strom Thurmond National Defense Author- the effectiveness of such designations. ecosystem of cross-border payment and fi- ization Act for Fiscal Year 1999 (Public Law nancial messaging systems, including alter- 105–261; 50 U.S.C. 1701 note); and (c) FORM OF REPORT.—The report required native systems being developed by other (C) any majority-owned subsidiaries of by subsection (a) shall be submitted in un- countries. such enterprises or companies with a market classified form but may include a classified (b) ELEMENTS.—The report required by sub- capitalization of $5,000,000,000 or more; annex. section (a) shall include— (3)(A) assesses whether each enterprise, (d) APPROPRIATE CONGRESSIONAL COMMIT- (1) an assessment of the impact of— company, or subsidiary identified under TEES DEFINED.—In this section, the term (A) how changes to the infrastructure or paragraph (2) received, during the 5-year pe- ‘‘appropriate congressional committees’’ ecosystem of cross-border payment and fi- riod preceding submission of the report, any means— nancial messaging systems, including emerg- financial assistance from the United States (1) the Committee on Banking, Housing, ing systems that enable cross-border pay- Government; and and Urban Affairs and the Committee on ments, will affect United States national se- (B) in the case of any such enterprise, com- Foreign Relations of the Senate; and curity interests, including enforcement of pany, or subsidiary that received financial (2) the Committee on Financial Services United States and international anti-money assistance from an agency of the United and the Committee on Foreign Affairs of the laundering, countering the financing of ter- States Government during that period, iden- House of Representatives. rorism, and sanctions standards designed to

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00168 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2721 safeguard the international financial sys- (4) assesses the Government of the People’s (2) recommendations for legislative or ad- tem; and Republic of China’s cyber espionage and the ministrative action that would be necessary (B) other relevant national security impli- extent to which such espionage has aided in to ensure that, on a reciprocal, sector-by- cations of such changes; China’s development of dual-use tech- sector basis, there is an equivalent level of (2) an assessment of the implications of nologies; market access for United States investors to any ongoing collaborations of international (5) describes the policies the United States the market of the People’s Republic of China financial messaging systems with emerging Government is adopting to protect the inter- as there is for Chinese investors to the mar- cross-border payment or financial messaging ests of the United States with respect to ket of the United States. dual-use technologies; and systems; DIVISION F—OTHER MATTERS (3) an assessment of the economic and na- (6) recommends additional actions the tional security implications for the United United States Government should take to SEC. 6001. TABLE OF CONTENTS. States of changes in participation by banks enhance the protection of such interests. The table of contents for this division is as and state actors in alternative cross-border (b) APPROPRIATE CONGRESSIONAL COMMIT- follows: TEES DEFINED.—In this section, the term payment and financial messaging systems; DIVISION F—OTHER MATTERS and ‘‘appropriate congressional committees’’ Sec. 6001. Table of contents. (4) recommendations for actions— means— (A) to bolster and protect the status of ex- (1) the Committee on Banking, Housing, TITLE I—COMPETITIVENESS AND SECU- isting strong and reliable financial mes- and Urban Affairs and the Committee on RITY FOR EDUCATION AND MEDICAL saging systems for cross-border payments; Foreign Relations of the Senate; and RESEARCH (2) the Committee on Financial Services and Subtitle A—Department of Health and and the Committee on Foreign Affairs of the (B) to ensure that the national security in- Human Services Programs terests of the United States, including those House of Representatives. Sec. 6101. Foreign talent programs. related to enforcement of international anti- SEC. 5308. REPORT ON CURRENCY ISSUES WITH Sec. 6102. Securing identifiable, sensitive in- money laundering, countering the financing RESPECT TO THE PEOPLE’S REPUB- LIC OF CHINA. formation. of terrorism, and sanctions standards, are The Secretary of the Treasury shall submit protected. Sec. 6103. Duties of the Director. to Congress a report analyzing the economic Sec. 6104. Protecting America’s biomedical (c) FORM OF REPORT.—The report required effects of the People’s Republic of China’s by subsection (a) shall be submitted in un- research enterprise. movement toward a free floating currency, Sec. 6105. GAO Study. classified form but may include a classified including the effects on United States ex- Sec. 6106. Report on progress to address annex. ports and economic growth and job creation undue foreign influence. (d) APPROPRIATE CONGRESSIONAL COMMIT- in the United States— TEES DEFINED.—In this section, the term (1) not later than 180 days after the date of Subtitle B—Elementary and Secondary ‘‘appropriate congressional committees’’ enactment of this Act; and Education means— (2) not later than 30 days after the submis- Sec. 6111. Postsecondary stem pathways (1) the Committee on Banking, Housing, sion to Congress of each report on the mac- grants. and Urban Affairs, the Committee on For- roeconomic and currency exchange rate poli- Sec. 6112. Improving access to elementary eign Relations, and the Select Committee on cies of countries that are major trading part- and secondary computer Intelligence of the Senate; and ners of the United States required to be sub- science education. (2) the Committee on Financial Services, mitted under section 701 of the Trade Facili- the Committee on Foreign Affairs, and the tation and Trade Enforcement Act of 2015 (19 Subtitle C—Higher Education Permanent Select Committee on Intelligence U.S.C. 4421) after the date specified in para- Sec. 6121. Reauthorization of international of the House of Representatives. graph (1). education programs under title SEC. 5307. REPORT ON DEVELOPMENT AND UTI- SEC. 5309. REPORT ON EXPOSURE OF THE VI of the Higher Education Act LIZATION OF DUAL-USE TECH- UNITED STATES TO THE FINANCIAL of 1965. NOLOGIES BY THE GOVERNMENT OF SYSTEM OF THE PEOPLE’S REPUB- Sec. 6122. Confucius Institutes. THE PEOPLE’S REPUBLIC OF CHINA. LIC OF CHINA. Sec. 6123. Sustaining the Truman Founda- (a) IN GENERAL.—Not later than 180 days Not later than one year after the date of tion and the Madison Founda- after the date of the enactment of this Act, the enactment of this Act, the Secretary of tion. the Treasury, in consultation with the the Secretary of State, in coordination with Sec. 6124. Disclosures of foreign gifts and Chairman of the Board of Governors of the the Secretary of Defense, the Secretary of contracts at institutions of Federal Reserve System, the Chairman of Commerce, the Secretary of Energy, and the higher education. Secretary of the Treasury, shall submit to the Securities and Exchange Commission, TITLE II—COMMITTEE ON THE the appropriate congressional committees a and the Chairman of the Commodity Futures JUDICIARY PROVISIONS report that— Trading Commission, shall submit to Con- gress a report on the exposure of the United (1) assesses the Government of the People’s Sec. 6201. Short title. States to the financial sector of the People’s Republic of China’s development and utiliza- Sec. 6202. Premerger notification filing fees. Republic of China that includes— tion of dual-use technologies (including ro- Sec. 6203. Authorization of appropriations. (1) an assessment of the effects of reforms botics, artificial intelligence and autono- to the financial sector of the People’s Repub- TITLE III—MISCELLANEOUS mous systems, facial recognition systems, lic of China on the United States and global quantum computing, cryptography, space Sec. 6301. Enhancing entrepreneurship for financial systems; systems and satellites, 5G telecommuni- the 21st century. (2) a description of the policies the United cations, and other digitally enabled tech- TITLE I—COMPETITIVENESS AND SECU- States Government is adopting to protect nologies and services) and the effects of such RITY FOR EDUCATION AND MEDICAL the interests of the United States while the technologies on the national security inter- RESEARCH financial sector of the People’s Republic of ests of the United States and allies of the China undergoes such reforms; and Subtitle A—Department of Health and United States; (3) recommendations for additional actions Human Services Programs (2) assesses the Government of the People’s the United States Government should take Republic of China’s use of global supply SEC. 6101. FOREIGN TALENT PROGRAMS. to protect such interests. chains and other international mechanisms The Secretary of Health and Human Serv- to access foreign technology sources to aid SEC. 5310. REPORT ON INVESTMENT RECI- ices shall require disclosure of participation PROCITY BETWEEN THE UNITED in the development of its domestic dual-use in foreign talent programs, consistent with STATES AND THE PEOPLE’S REPUB- section 2303, including the provision of copies technologies, including— LIC OF CHINA. (A) the use of United States-sourced soft- Not later than 180 days after the date of of all grants, contracts, or other agreements ware and hardware in Chinese manufactured the enactment of this Act, the Secretary of related to such programs, and other sup- technologies; the Treasury, in consultation with the porting documentation related to such pro- (B) the use of European-sourced software Chairman of the Securities and Exchange grams, as a condition of receipt of Federal and hardware in Chinese manufactured tech- Commission, shall submit to Congress a re- extramural biomedical research funding nologies; and port on investment reciprocity between the awarded through the Department of Health (C) the use of the Belt and Road Initiative United States and the People’s Republic of and Human Services. to secure resources, knowledge, and other China that includes— SEC. 6102. SECURING IDENTIFIABLE, SENSITIVE components needed to develop critical dual- (1) an identification of restrictions im- INFORMATION. use technologies; posed by the Government of the People’s Re- (a) IN GENERAL.—The Secretary of Health (3) assesses the Government of the People’s public of China on United States investment and Human Services (referred to in this sec- Republic of China’s industrial policy and in the People’s Republic of China that are tion as the ‘‘Secretary’’), in consultation monetary investments, including their effect not comparable to restrictions imposed by with the Director of National Intelligence, on the development of Chinese-made dual- the United States on Chinese investment in the Secretary of State, the Secretary of De- use technologies; the United States; and fense, and other national security experts, as

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00169 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2722 CONGRESSIONAL RECORD — SENATE May 18, 2021 appropriate, shall ensure that biomedical re- that may affect or be affected by matters of tion as the ‘‘Comptroller General’’) shall search supported or conducted by the Na- national security; and conduct a study to assess the extent to tional Institutes of Health and other rel- ‘‘(27) shall ensure that recipients of awards which the Department of Health and Human evant agencies and offices within the Depart- from the National Institutes of Health, and, Services (referred to in this section as the ment of Health and Human Services involv- as appropriate and practicable, entities col- ‘‘Department’’) utilizes or provides funding ing the sequencing of human genomic infor- laborating with such recipients, have in to entities that utilize such funds for human mation, and collection, analysis, or storage place and are adhering to appropriate tech- genomic sequencing services or genetic serv- of identifiable, sensitive information, as de- nology practices and policies for the security ices (as such term is defined in section 201(6) fined in section 301(d)(4) of the Public Health of identifiable, sensitive information, includ- of the Genetic Information Nondiscrimina- Service Act (42 U.S.C. 241(d)(4)), is conducted ing information collected, stored, or ana- tion Act of 2008 (42 U.S.C. 2000ff(6))) provided in a manner that appropriately considers na- lyzed by domestic and non-domestic enti- by entities, or subsidiaries of such entities, tional security risks, including national se- ties.’’. organized under the laws of a country or curity implications related to potential mis- SEC. 6104. PROTECTING AMERICA’S BIOMEDICAL countries of concern, in the estimation of use of such data. Not later than 1 year after RESEARCH ENTERPRISE. the Director of National Intelligence or the the date of enactment of this Act, the Sec- (a) IN GENERAL.—The Secretary of Health head of another Federal department or agen- retary shall ensure that the National Insti- and Human Services (referred to in this sec- cy, as appropriate. tutes of Health and other relevant agencies tion as the ‘‘Secretary’’), in collaboration (b) CONSIDERATIONS.—In carrying out the and offices within the Department of Health with Assistant to the President for National study under this section, the Comptroller and Human Services, working with the heads Security Affairs, the Director of National In- General shall— of agencies and national security experts, intelligence, the Director of the Federal Bu- (1) consider— cluding the Office of the National Security reau of Investigation, and the heads of other (A) the extent to which the country or within the Department of Health and Human relevant departments and agencies, and in countries of concern could obtain human Services— consultation with research institutions and genomic information of citizens and resi- (1) develop a comprehensive framework for research advocacy organizations or other rel- dents of the United States from such entities assessing and managing such national secu- evant experts, as appropriate, shall— that sequence, analyze, collect, or store rity risks that includes— (1) identify ways to improve the protection human genomic information and which the (A) criteria for how and when to conduct of intellectual property and other propri- Director of National Intelligence or the head risk assessments for projects that may have etary information, as well as identifiable, of another Federal department or agency national security implications; sensitive information of participants in bio- reasonably anticipates may use such infor- (B) security controls and training for re- medical research and development, from na- mation in a manner inconsistent with the searchers or entities, including peer review- tional security risks and other applicable national security interests of the United ers, that manage or have access to such data; threats, including the identification of gaps States; and in policies and procedures in such areas re- (B) whether the Department or recipient of (C) methods to incorporate risk-reduction lated to biomedical research and develop- such funds from the Department sought to in the process for funding such projects that ment supported by the Department of Health provide funding to, or to use, domestic enti- may have national security implications; and Human Services and biomedical research ties with no such ties to the country or coun- (2) not later than 1 year after the risk supported by other agencies as applicable, tries of concern for such purposes and any framework is developed under paragraph (1), and make recommendations to institutions barriers to the use of domestic entities; and develop and implement controls to— of higher education or other entities that (C) whether data use agreements, data se- (A) ensure that researchers or entities that have traditionally received Federal funding curity measures, and other such measures manage or have access to such data have for biomedical research to protect such in- taken by the Department or recipient of complied with the requirements of paragraph formation; such funds from the Department are suffi- (1) and ongoing requirements with such para- (2) identify or develop strategies to pre- cient to protect the identifiable, sensitive in- graph; and vent, mitigate, and address national security formation of the people of the United States (B) ensure that data access committees re- threats in biomedical research and develop- and the national security interests of the viewing data access requests for projects ment supported by the Federal Government, United States; and that may have national security risks, as ap- including such threats associated with for- (2) make recommendations to address any propriate, include members with expertise in eign talent programs, by countries seeking vulnerabilities to the United States national current and emerging national security to exploit United States technology and security identified, as appropriate. threats, in order to make appropriate deci- other proprietary information as it relates sions related to access to such identifiable, to such biomedical research and develop- (c) ESTIMATION.—In conducting the study sensitive information; and ment; under this section, the Comptroller General (3) not later than 2 years after the risk (3) identify national security risks and po- may, as appropriate and necessary to com- framework is developed under paragraph (1), tential misuse of proprietary information, plete such study, investigate specific in- update data access and sharing policies re- and identifiable, sensitive information of stances of such utilization of genetic se- lated to human genomic data, as appro- biomedical research participants and other quencing services or genetic services, as de- priate, based on current and emerging na- applicable risks, including with respect to scribed in subsection (a), to produce esti- tional security threats. peer review, and make recommendations for mates of the potential prevalence of such (b) CONGRESSIONAL BRIEFING.—Not later additional policies and procedures to protect utilization among entities in receipt of De- than 1 year after the date of enactment of such information; partmental funds. (4) develop a framework to identify areas this Act, the Secretary shall provide a brief- (d) REPORT.—Not later than 2 years after ing to the Committee on Health, Education, of biomedical research and development supported by the Federal Government that are the date of enactment of this Act, the Comp- Labor, and Pensions and the Select Com- troller General shall submit a report on the mittee on Intelligence of the Senate and the emerging areas of interest for state actors and would compromise national security if study under this section, in a manner that Committee on Energy and Commerce and the does not compromise national security, to Permanent Select Committee on Intelligence they were to be subjected to undue foreign influence; and the Committee on Health, Education, Labor, of the House of Representatives on the ac- and Pensions and the Select Committee on tivities required under subsection (a). (5) regularly review recommendations or policies developed under this section and Intelligence of the Senate, and the Com- SEC. 6103. DUTIES OF THE DIRECTOR. make additional recommendations or up- mittee on Energy and Commerce and the Section 402(b) in the Public Health Service dates, as appropriate. Permanent Select Committee on Intelligence Act (42 U.S.C. 282(b)) is amended— (b) REPORT TO PRESIDENT AND TO CON- of the House of Representatives. The report (1) in paragraph (24), by striking ‘‘; and’’ GRESS.—Not later than 1 year after the date shall be submitted in unclassified form, to and inserting a semicolon; of enactment of this Act, the Secretary shall the extent practicable, but may include a (2) in paragraph (25)(B), by striking the pe- prepare and submit, in a manner that does classified annex. riod and inserting a semicolon; and not compromise national security, to the (3) by inserting after paragraph (25) the fol- SEC. 6106. REPORT ON PROGRESS TO ADDRESS President and the Committee on Health, UNDUE FOREIGN INFLUENCE. lowing: Education, Labor, and Pensions and the Se- ‘‘(26) shall consult with the Director of the lect Committee on Intelligence of the Sen- Not later than 1 year after the date of en- Office of National Security within the De- ate, the Committee on Energy and Com- actment of this Act and annually thereafter, partment of Health and Human Services, the merce and the Permanent Select Committee the Secretary of Health and Human Services Assistant Secretary for Preparedness and on Intelligence of the House of Representa- shall prepare and submit to the Committee Response, the Director of National Intel- tives, and other congressional committees as on Health, Education, Labor, and Pensions of ligence, the Director of the Federal Bureau appropriate, a report on the findings and rec- the Senate and the Committee on Energy of Investigation, and the heads of other ap- ommendations pursuant to subsection (a). and Commerce in the House of Representa- propriate agencies on a regular basis, regard- SEC. 6105. GAO STUDY. tives, in a manner that does not compromise ing biomedical research conducted or sup- (a) IN GENERAL.—The Comptroller General national security, a report on actions taken ported by the National Institutes of Health of the United States (referred to in this sec- by such Secretary—

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(1) to address cases of noncompliance with terms in section 8101 of the Elementary and (2) RESERVATIONS.—From the total amount disclosure requirements or other policies es- Secondary Education Act of 1965 (20 U.S.C. appropriated under subsection (i) for a fiscal tablished under section 2303 or research mis- 7801). year, the Secretary shall reserve— conduct related to foreign influence, includ- (4) GOVERNOR.—The term ‘‘Governor’’ (A) 1 percent for the Bureau of Indian Edu- ing— means the chief executive officer of a State. cation to improve access to postsecondary (A) the number of potential noncompliance (5) PERKINS DEFINITIONS.—The terms ‘‘ca- STEM pathways; cases investigated by the National Institutes reer and technical education’’ and ‘‘work- (B) 2 percent to conduct the evaluation de- of Health or reported to the National Insti- based learning’’ have the meaning given the scribed under subsection (g); and tutes of Health by a research institution, in- terms in section 3 of the Carl D. Perkins Ca- (C) 2 percent for technical assistance and cluding relating to undisclosed research sup- reer and Technical Education Act of 2006 (20 dissemination, which may include— port, undisclosed conflicts of interest or U.S.C. 2302). (i) providing, directly or through grants, other conflicts of commitment, and peer re- (6) POSTSECONDARY STEM PATHWAY.—The contracts, or cooperative agreements, tech- view violations; term ‘‘postsecondary STEM pathway’’ means nical assistance on using evidence-based (B) the number of cases referred to the Of- a sequence of courses focused on STEM edu- practices to improve the outcomes of activi- fice of Inspector General of the Department cation, including advanced coursework ap- ties funded under this section; and of Health and Human Services, the Office of proved by the eligible entity taken at any (ii) disseminating information on evidence- National Security of the Department of point during high school that— based practices that are successful in im- Health and Human Services, the Federal Bu- (A) when taken together, provide at least proving the quality of activities funded under this section. reau of Investigation, or other law enforce- 12 credit hours or the equivalent coursework (3) DURATION.—A grant awarded under this ment agencies; toward an associate degree or baccalaureate section shall be for a period of not more than (C) a description of enforcement actions degree, or, in the case of postsecondary cred- 5 years. taken for noncompliance related to undue it in career and technical education earned foreign influence; and (4) RENEWAL.—The Secretary may renew a through such sequence of courses, credit to- grant awarded under this section for 1 addi- (D) any other relevant information; and ward a recognized postsecondary credential (2) to prevent, address, and mitigate in- tional 2-year period for programs that meet for a high-skill, high-wage, or in-demand in- the goals specified in subsection (d)(4)(B) of stances of noncompliance with disclosure re- dustry sector or occupation; and quirements or other policies established the initial grant. (B) if completed successfully, results in (5) DIVERSITY OF PROJECTS.—In awarding under section 2303 or research misconduct re- credit that— lated to foreign influence. grants under this section, the Secretary (i) satisfies requirements for the State’s shall ensure that, to the extent practicable, Subtitle B—Elementary and Secondary regular high school diploma; and grants are distributed among eligible enti- Education (ii) is a part of the statewide articulation ties that will serve geographically diverse SEC. 6111. POSTSECONDARY STEM PATHWAYS agreement described in subsection (d)(2)(B); areas, including urban, suburban, and rural GRANTS. and areas. (a) PURPOSE.—The purpose of this section (C) may include work-based learning in a (6) SUFFICIENT SIZE AND SCOPE.—Each grant is to support equitable access to postsec- STEM field aligned with the academic awarded under this section shall be of suffi- ondary STEM pathways to increase the num- coursework offered in a postsecondary STEM cient size and scope to allow the eligible en- ber of students exposed to high-quality pathway. tity to carry out the purposes of this section. STEM advanced coursework, support stu- (7) STEM EDUCATION.—The term ‘‘STEM (7) PRIORITIES.—In awarding grants under dents in reducing college costs, and improve education’’ means courses, activities, high- this section, the Secretary shall give pri- postsecondary credit transfers. quality instruction, and learning in the sub- ority to applications that— (b) DEFINITIONS.—In this section: jects of science, technology, engineering, or (A) provide postsecondary STEM pathways (1) ADVANCED COURSEWORK.—The term ‘‘ad- mathematics, including computer science. to a high proportion of the State’s students vanced coursework’’ means coursework de- (8) SUBGROUP OF STUDENTS.—The term enrolled in high schools operated by local signed for students to earn postsecondary ‘‘subgroup of students’’ means— educational agencies; credit upon its successful completion while (A) students from a family with a low in- (B) prioritize evidence-based strategies to still in high school, including coursework or come; ensure subgroups of students have equitable assessments associated with Advanced (B) students of color; access to postsecondary STEM pathways; Placement, International Baccalaureate, a (C) children with disabilities, as defined in and dual or concurrent enrollment program, or section 602(3) of the Individuals with Disabil- (C) are submitted by eligible entities that an early college high school program. ities Education Act (20 U.S.C. 1401(3)); include local educational agencies who are in (2) ELIGIBLE ENTITY.—The term ‘‘eligible (D) English learners; the highest quartile of local educational entity’’ means a partnership that— (E) migratory children, as described in sec- agencies, in a ranking of all qualified local (A) shall include— tion 1309(3) of the Elementary and Secondary educational agencies in the State, ranked in (i) the State educational agency; Education Act of 1965 (20 U.S.C. 6399(3)); descending order by the number or percent- (ii) one or more local educational agencies (F) homeless children and youths, as de- age of children in each agency counted under located in the State, which may include an fined in section 725 of the McKinney-Vento section 1124(c) of the Elementary and Sec- educational service agency; and Homeless Assistance Act (42 U.S.C. 11434a); ondary Education Act of 1965 (20 U.S.C. (iii) either— (G) students who are in foster care or are 6333(c)). (I) the State public higher education sys- aging out of the foster care system; and (d) ELIGIBLE ENTITY APPLICATION.—In order tem inclusive of all 2-year and 4-year public (H) first-generation college students. to receive a grant under subsection (c)(1), the institutions of higher education in the State; eligible entity shall submit an application to (9) WIOA DEFINITIONS.—The terms ‘‘in-de- or mand industry sector or occupation’’ and the Secretary, at such time, in such manner, (II) a consortium of the State’s public and containing such information as the Sec- ‘‘recognized postsecondary credential’’ have higher education institutions or systems retary may reasonably require. Such applica- the meanings given the terms in section 3 of that, together, is inclusive of all 2-year and tion shall include, at a minimum— the Workforce Innovation and Opportunity 4-year public institutions of higher edu- (1) signatures from the Governor, chief Act (29 U.S.C. 3102). cation in the State; and State school officer, and State higher edu- (B) may include 1 or more businesses, asso- (10) STUDENT FROM A FAMILIES WITH A LOW cation executive officer verifying the eligible ciations, or nonprofit organizations rep- INCOME.—The term ‘‘students from a family entity shall meet the requirements described resenting businesses, private nonprofit insti- with a low income’’ includes any student in paragraph (2) within the specified time- tutions of higher education, nonprofit orga- who is identified by any of the measures de- frame; nizations, a State workforce agency, or a scribed in section 1113(a)(5) of the Elemen- (2) a description of how the eligible entity State workforce development board estab- tary and Secondary Education Act (20 U.S.C. will, not later than 2 years after the date of lished under section 101 of the Workforce In- 6313(a)(5)). the initial receipt of funds under this sec- novation and Opportunity Act (29 U.S.C. (11) FIRST-GENERATION COLLEGE STUDENT.— tion— 3111). The term ‘‘first-generation college student’’ (A) ensure STEM postsecondary pathways has the meaning given the term in section (3) ESEA DEFINITIONS.—The terms ‘‘dual or are aligned with entrance requirements for concurrent enrollment program’’, ‘‘early col- 402A(h) of the Higher Education Act of 1965 credit-bearing coursework at the State’s lege high school’’, ‘‘educational service agen- (20 U.S.C. 1070a–11(h)). public institutions of higher education; and cy’’ ‘‘elementary school’’, ‘‘English learner’’, (c) AUTHORIZATION OF GRANTS.— (B) develop a formal, universal statewide ‘‘evidence-based’’, ‘‘high school’’, ‘‘institu- (1) IN GENERAL.—From the amounts appro- articulation agreement among all public in- tion of higher education’’, ‘‘local educational priated under subsection (i) and not reserved stitutions of higher education or systems in agency’’, ‘‘middle grades’’, ‘‘other staff’’, under paragraph (2), the Secretary shall the State— ‘‘professional development’’, ‘‘regular high award grants, on a competitive basis, to eli- (i) to guarantee that— school diploma’’, ‘‘Secretary’’, ‘‘State’’, gible entities to enable those eligible enti- (I) all advanced coursework successfully ‘‘State educational agency’’, and ‘‘tech- ties to implement activities described under completed as part of a postsecondary STEM nology’’ shall have the meaning given the subsection (e). pathway results in credit that—

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00171 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2724 CONGRESSIONAL RECORD — SENATE May 18, 2021 (aa) counts as credit for a regular high (B) the State higher education governing students, including information on choosing school diploma; or coordinating entity (if the State has such postsecondary options, applying for financial (bb) fully transfers to, and is credited by, an entity); aid, completing applications to institutions all public institutions of higher education in (C) a State board or local board, as defined of higher education, and career counseling the State, and that such credits will count in section 3 of the Workforce Innovation and and advising, beginning as early as the mid- toward meeting related degree or certificate Opportunity Act (29 U.S.C. 3102) dle grades; and requirements; and (D) the State agency responsible for the (iii) other evidence-based activities to sup- (cc) is transferable to any private non- administration of career and technical edu- port the successful implementation of post- profit institution of higher education or pub- cation in the State or for the supervision of secondary STEM pathways and students’ lic institution of higher education located in the administration of career and technical transition from high school to postsecondary another State that chooses to participate in education in the State (if the State has such education. the articulation agreement; and an entity); (D) Conducting outreach and commu- (E) institutions of higher education in the nicating with subgroups of students, includ- (II) if a student earns an associate degree State; ing their families, to build awareness about (including an associate degree in applied (F) local educational agencies, including the opportunity to participate in a postsec- science) as part of a postsecondary STEM those located in rural areas and with the ondary STEM pathway and the benefits of pathway, such associate degree, awarded by highest enrollments of students from low in- participation. a participating institution of higher edu- come families, as described in subsection (2) PERMITTED USES.—An eligible entity re- cation in the State, shall be fully acceptable (c)(7)(C); ceiving a grant under this section may also in transfer and credited as the first 2 years of (G) representatives of Indian Tribes lo- use grant funds to— a related baccalaureate program at a public cated in the State; (A) provide training, professional develop- institution of higher education in such (H) charter school leaders (if the State has ment, or recruitment for educators employed State; and charter schools); by the local educational agencies within the (ii) to facilitate the seamless transfer of (I) civil rights organizations in the State; eligible entity and for faculty who teach credit earned in the postsecondary STEM (J) business leaders or their representa- courses that are included in a postsecondary pathway among such institutions of higher tives in the State; STEM pathway, including increasing the education, including between 2-year and 4- (K) teachers, principals, and other school number of educators qualified to teach dual year public institutions of higher education leaders; and or concurrent enrollment programs in STEM and private nonprofit institutions of higher (L) parents and students; courses, to improve access and completion of education (if such private nonprofit institu- (7) an assurance that the eligible entity such pathways, particularly for subgroups of tions of higher education choose to partici- will provide postsecondary STEM pathways students; and pate in the articulation agreement), by using at no cost to students and families, including (B) carry out capacity-building efforts to methods such as— that students and their parents shall not be improve the coordination between the ele- (I) common course numbering; required to pay the cost of tuition, fees (in- mentary and secondary education system (II) a general education core curriculum; cluding examination fees associated with Ad- and the higher education system, including and vanced Placement, International Bacca- through stakeholder engagement and moni- (III) management systems regarding laureate, and similar examinations), books, toring. course equivalency, transfer of credit, and and supplies necessary to successfully com- (3) TRANSPORTATION CAP.—An eligible enti- articulation; plete postsecondary STEM pathways; ty shall not use more than 25 percent of (3) a description of how the eligible entity (8) an assurance that not less than half of grant funds to cover transportation costs au- will disseminate information to subgroups of grant funds received by the eligible entity thorized under paragraph (1)(B)(iii). students in the middle grades and high will be used to support subgroups of students (f) REPORTING REQUIREMENTS.— school served by the eligible entity, includ- in accessing and completing postsecondary (1) ELIGIBLE ENTITY REPORTING.—Not later ing their families, about the opportunity to STEM pathways; and than 1 year after the enactment of this sec- participate in a postsecondary STEM path- (9) an assurance that the State will comply tion and every year thereafter, the eligible way and the benefits of participation; with the supplement, not supplant require- entity shall provide a report to the Sec- (4) a description of how the eligible entity ment described under subsection (h). retary containing such information as the (e) USES OF UNDS will implement postsecondary STEM path- F .— Secretary may require, including, at a min- (1) REQUIRED USES.—An eligible entity re- imum— ways in all local educational agencies par- ceiving a grant under this section shall use (A) information on the progress of the eli- ticipating in the eligible entity, including— grant funds to carry out the following: gible entity in establishing the policies and (A) the timeline and plan to provide, by (A) Activities to implement the alignment completing the required activities as speci- the end of the grant period, a substantial requirements pursuant to subsection (d)(2) fied in subsection (d)(2); number of students in the State the oppor- for a period of time not to exceed the first 2 (B) the number and percentage of local tunity to participate in a postsecondary fiscal years for which the grant is provided. educational agencies and institutions of STEM pathway; and (B) Supporting the development and imple- higher education in the State offering a post- (B) annual goals for participation in ad- mentation of postsecondary STEM pathways secondary STEM pathway, including changes vanced coursework and postsecondary STEM consistent with the timeline, plan, and goals year-over-year, and the extent to which the pathways among subgroups of students such specified in subsection (d)(4) in order to ineligible entity was meeting its timeline, that, if the goals are met— crease the number of students accessing and plan, and goals specified in subsection (d)(4); (i) significant progress will be made toward completing postsecondary STEM pathways (C) the eligible entity’s progress in meet- improving equity in access to advanced in the State, including— ing the goals established by the eligible enti- coursework and postsecondary STEM path- (i) expanding advanced coursework offered ty for the participation of subgroups of stu- ways across the local educational agencies to students served by the eligible entity to dents in postsecondary STEM pathways as within the eligible entity in the State; and increase the availability of postsecondary specified in subsection (d)(4); (ii) the demographics of students partici- STEM pathways; (D) evidence demonstrating how the eligi- pating in advanced coursework and postsec- (ii) covering tuition, fees (including exam- ble entity certified each such pathway meets ondary STEM pathways will be similar to ination fees associated with Advanced Place- all the requirements of this section; the demographics of total student enrollment, International Baccalaureate, and (E) the number and percentage of students ment in the State the eligible entity is lo- similar examinations), books, and supplies in the State, including disaggregated by each cated in by the end of the grant period; for students participating in postsecondary subgroup of students, and by sex, who— (5) a description of how the eligible entity STEM pathways, in accordance with sub- (i) participate in a postsecondary STEM has, or will, ensure that postsecondary section (d)(7); and pathway; and STEM pathways are aligned with in-demand (iii) covering transportation costs nec- (ii) participate in a postsecondary STEM industries or occupations and provide stu- essary for full participation in postsecondary pathway and— dents with opportunities for work-based STEM pathways for students from a family (I) successfully complete a postsecondary learning; with a low income. STEM pathway; (6) a description of how the eligible entity (C) Implementing programs and activities (II) enroll in an institution of higher edu- consulted with stakeholders in development to improve student preparation for, and par- cation and received credit, in accordance of its application and how the eligible entity ticipation in postsecondary STEM pathways, with the alignment requirements described will continue to engage, collaborate, and so- with a priority for students enrolled in local in subsection (d)(2); licit feedback with stakeholders to improve educational agencies described in subsection (III) receive credit toward a recognized implementation of the application require- (c)(7)(C) and subgroups of students, which postsecondary credential for a high-skill, ments described in this subsection and uses may include— high-wage, or in-demand industry sector or of funds described in subsection (e), includ- (i) using data from evidence-based early occupation; and ing— warning indicator systems; (IV) earn a postsecondary credential; and (A) the State board of education (if the (ii) providing supplemental advising or (F) any additional information as the Sec- State has a State board of education); counseling activities that are voluntary to retary may reasonably require to ensure

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compliance with the requirements of this of computers and algorithmic processes and (A) IN GENERAL.—A State educational section and to effectively evaluate, monitor, the study of computing principles and theo- agency receiving a grant under paragraph (1) and improve grant implementation. ries, as defined by a State, and may include shall use not less than 90 percent of the (2) SECRETARY’S REPORT.—Not later than 6 instruction or learning on— grant funds to award competitive subgrants month after receiving the initial report de- (A) computer programming or coding as a to local educational agencies and edu- scribed in paragraph (1) and annually there- tool to— cational service agencies. after, the Secretary shall submit a report to (i) create software, such as applications, (B) STATE RESERVATIONS.—A State edu- the Committee on Health, Education, Labor, games, and websites; and cational agency receiving a grant under and Pensions of the Senate and the Com- (ii) process, manage, analyze, or manipu- paragraph (1) shall reserve not more than 10 mittee on Education and Labor of the House late data; percent of the total grant amount received of Representatives that includes a summary (B) development and management of com- by the State for State level activities de- of reports submitted by eligible entities and puter hardware related to sharing, proc- scribed in subsection (f)(1), of which not identifies best practices related to improving essing, representing, securing, and using dig- more than 2 percent of the total grant access to STEM education and postsecondary ital information; and amount received by the State shall be used education, particularly for subgroups of stu- (C) computational thinking skills and to provide technical assistance or for admin- dents, through the implementation of post- interdisciplinary problem-solving to equip istrative purposes. secondary STEM pathways. students with the skills and abilities nec- (C) SUFFICIENT SIZE AND SCOPE.—Grants (g) EVALUATION.—The Secretary, acting essary to apply computational thinking in awarded by the Secretary under this section through the Director of the Institute of Edu- the digital world. shall be of sufficient size and scope to allow cation Sciences, shall conduct an inde- (3) COMPUTATIONAL THINKING SKILLS.—The State educational agencies to carry out the pendent evaluation after the initial award of term ‘‘computational thinking skills’’ means purpose of this section. grants under this section, of the policies and critical thinking skills that include— (D) DURATION; RENEWAL.—A grant awarded services provided under this section, includ- (A) knowledge of how problems and solu- under this section shall be for a period of not ing at a minimum, the impact of such poli- tions can be expressed in such a way that more than 5 years. The Secretary may renew cies and services on outcomes for all stu- allow them to be modeled or solved using a a grant awarded under this section for 1 ad- dents, particularly for subgroups of students, computer or machine; ditional 2-year period for programs that with regard to each of the following: (B) the use of strategies related to problem meet the outcomes described in the data- (1) Enrollment in and completion of ad- decomposition, pattern matching, abstrac- driven plan required under subsection (d)(1). vanced coursework during high school, in- tions, modularity, and algorithm design; and (4) COORDINATION.—The Secretary shall co- cluding the number of courses students take (C) that involve creative problem solving ordinate with the Director of the National and the number of credits students earn. skills and are applicable across a wide-range Science Foundation to identify and dissemi- (2) Postsecondary enrollment, remediation, of disciplines and careers. nate best practices to expand access to com- first-year credit attainment, persistence, and (4) STATE’S COMPUTER SCIENCE EDUCATION puter science education and the development completion including the number of students STANDARDS.—The term ‘‘State’s computer of computational thinking skills for all stu- who enrolled in a STEM field, and the num- science education standards’’ means aca- dents, particularly students facing systemic ber of students who received a credential in demic standards established by a State re- barriers, and to support the effective imple- a STEM field. garding computer science education and mentation of the grant program under this (3) The rate at which credits earned computational thinking skills. section. through postsecondary STEM pathways are (5) STUDENTS FACING SYSTEMIC BARRIERS.— (d) STATE APPLICATION.—In order to re- recognized for credit by public institutions The term ‘‘students facing systemic bar- ceive a grant under this section, a State edu- of higher education institutions. riers’’ means students who are underrep- cational agency shall submit an application (4) Postsecondary degree attainment, in- resented in the computer science field, in- to the Secretary at such time, in such manner, and including such information as the cluding completion of an associate degree, cluding through enrollment in computer Secretary may reasonably require, including baccalaureate degree, or recognized postsec- science education courses in elementary and the following: ondary credential, and the time it takes stu- secondary education, enrollment and com- (1) A description of the State educational dents to earn a degree. pletion of computer science associates’, agency’s data-driven plan to provide equi- (5) Changes in access and rigor of STEM bachelors’, and graduate degrees, and par- table access to computer science education education offered to students served by local ticipation in computer science careers, and improve the development of computa- educational agencies in eligible entities. which includes female students, students tional thinking skills for all students, par- (6) To the extent practicable, analysis of from families with low incomes, Black and ticularly students facing systemic barriers, student outcomes described in paragraphs (1) Latino students, Native American and Alas- including how the State educational agency through (5) by STEM field. kan Native students, Native Hawaiian and will— (h) SUPPLEMENT, NOT SUPPLANT.—Federal Pacific Islander students, students with dis- funds provided under this section shall be abilities, English learners, students in rural (A) measure equity gaps across the State, used to supplement, not supplant, other Fed- areas, migrant students, students experi- across and within local educational agencies, eral, State, or local funds available to carry encing homelessness, and children and youth and across and within schools served by such out activities described in this section. in foster care. agencies, in access and enrollment in com- (i) AUTHORIZATION OF APPROPRIATIONS.— (6) TECHNOLOGY INFRASTRUCTURE.—The puter science coursework for students facing For the purpose of carrying out this section, term ‘‘technology infrastructure’’ means systemic barriers; there are authorized to be appropriated such computer devices and internet connectivity. (B) use data collected under subparagraph sums as may be necessary for each of fiscal (c) AUTHORIZATION OF GRANTS.— (A) to target State-level investments or sup- years 2022 through 2026. (1) IN GENERAL.—From the amounts appro- ports to close identified equity gaps; and SEC. 6112. IMPROVING ACCESS TO ELEMENTARY priated under subsection (k), after making (C) ensure that local educational agencies AND SECONDARY COMPUTER the reservations described in paragraph (2), and educational service agencies receiving a SCIENCE EDUCATION. the Secretary shall award computer science subgrant under this section develop and im- (a) PURPOSE.—The purpose of this section education program grants, on a competitive plement a data-driven approach to meet such is to improve the United States’ global com- basis, to State educational agencies (which agency’s goals described in subsection petitiveness by improving access to com- may include consortia of State educational (f)(2)(A), including through the measurement puter science education and computational agencies) that have submitted applications and collection of local data aligned with the thinking skills for students enrolled in ele- described in subsection (d) to increase access State educational agency’s data-driven plan. mentary schools and secondary schools oper- to computer science education and increase (2) A description of the factors the State ated by local educational agencies, particu- the development of computational thinking educational agency will take into account larly for students facing systemic barriers. skills in elementary and secondary edu- when reviewing applications submitted by (b) DEFINITIONS.—In this section: cation, particularly for students facing sys- agencies under subsection (e) and making (1) ESEA DEFINITIONS.—The terms ‘‘dual or temic barriers, in order to increase Amer- subgrants under this section, including how concurrent enrollment program’’, ‘‘elemen- ican competitiveness, in accordance with such State educational agency shall— tary school’’, ‘‘educational service agency’’, this section. (A) take into consideration the need ‘‘English learner’’, ‘‘evidence-based’’, ‘‘local (2) RESERVATIONS.—From the total amount among agencies, including the number of educational agency’’, ‘‘middle grades’’, ‘‘pro- appropriated under subsection (k) for a fiscal students served by such agencies who are fessional development’’, ‘‘secondary school’’, year, the Secretary shall reserve— from families with low incomes, in accord- ‘‘Secretary’’, ‘‘State’’, ‘‘State educational (A) not less than 1 percent for the Bureau ance with paragraph (3)(A)(i); and agency’’, and ‘‘technology’’ have the mean- of Indian Education for the purpose of this (B) consider the agency’s capacity and ings given the terms in section 8101 of the El- section; commitment, including the agencies’ pre- ementary and Secondary Education Act of (B) not less than 2 percent for technical as- vious work to address achievement gaps, to— 1965 (20 U.S.C. 7801). sistance and administration; and (i) close equity gaps in access to and en- (2) COMPUTER SCIENCE EDUCATION.—The (C) not less than 2 percent for evaluation, rollment in computer science education term ‘‘computer science education’’ means in accordance with subsection (h). coursework, particularly for students facing instruction or learning regarding the study (3) STATE GRANTS.— systemic barriers; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00173 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2726 CONGRESSIONAL RECORD — SENATE May 18, 2021 (ii) provide access to high-quality instruc- ment of computational thinking skills, par- other institution described in section 371(a) tion to improve the development of com- ticularly for students facing systemic bar- of the Higher Education Act of 1965 (20 U.S.C. putational thinking skills in elementary and riers; 1067q(a)) secondary education, particularly for stu- (B) how the State’s elementary school and (ii) A computer science industry, institu- dents in elementary school and in the middle secondary school curriculum supports rig- tion of higher education, nonprofit organiza- grades. orous instruction in computer science edu- tion, community learning center (as defined (3) An assurance that the State education and the development of computa- in section 4201(b) of the Elementary and Sec- cational agency— tional thinking skills, particularly for stu- ondary Education Act of 1965 (20 U.S.C. (A) shall give priority in subgrant awards dents enrolled in elementary school or in the 7171(b))), State workforce agency, or a State to local educational agencies that— middle grades; and workforce development board established (i) are in the highest quartile of local edu- (C) how the State’s data-driven plan de- under section 101 of the Workforce Innova- cational agencies, in a ranking of all local scribed in paragraph (1) and grant funds pro- tion and Opportunity Act (29 U.S.C. 3111). educational agencies in the State, ranked in vided under subsection (c) will be used to in- (E) An assurance that the local edu- descending order by the number or percent- form and change such policies and practices cational agency or educational service agen- age of children in each agency counted under to increase access to instruction in computer cy will meet the requirements under para- section 1124(c) of the Elementary and Sec- science education and the development of graph (2). ondary Education Act of 1965 (20 U.S.C. computational thinking skills for all stu- (2) TARGETING OF FUNDS TO HIGH-NEEDS 6333(c)); or dents, particularly students facing systemic SCHOOLS.— (ii) will partner or collaborate with a His- barriers across the State. (A) IN GENERAL.—A local educational agen- torically Black College or University (within (e) SUBGRANT APPLICATIONS.— cy or educational service agency that re- the meaning of the term ‘‘part B institu- (1) IN GENERAL.—In order to receive a ceives a subgrant under this section shall use tion’’ under section 322 of the Higher Edu- subgrant under this section, a local edu- not less than 50 percent of such funds to sup- cation Act of 1965 (20 U.S.C. 1061)) or other cational agency (which may include a con- port elementary schools and secondary institution described in section 371(a) of the sortium of local educational agencies) or an schools that meet one of the following cri- Higher Education Act of 1965 (20 U.S.C. educational service agency shall submit an teria: 1067q(a)), that is located within the State, to application to the State educational agency (i) Using any of the measures of poverty in carry out activities under the subgrant, in at such time, in such manner, and including section 1113(a)(5) of the Elementary and Sec- accordance with subsection (f)(2); such information as the State educational ondary Education Act of 1965 (20 U.S.C. (B) will distribute subgrant awards among agency may reasonably require. At a min- 6313(a)(5)), elementary schools and secondary imum, such application shall include the fol- geographically diverse areas, including schools that have a higher percentage of stu- lowing: urban, suburban, and rural areas; and dents from families with low incomes than (A) A description of how the local edu- (C) in operating the local competitive the average of the percentage of students cational agency or educational service agen- subgrant process described in subsection from families with low incomes across all el- cy will— (c)(3)(A), shall conduct outreach to local edu- ementary schools and secondary schools (i) develop and implement a plan to ad- cational agencies described in subparagraph served by the local educational agency or dress equity gaps in enrollment and access to (A)(i) to make the agencies aware of the educational service agency . subgrant availability under this section, and computer science education, including the (ii) Using any of the measures of poverty in provide technical assistance and support to development of computational thinking section 1113(a)(5) of the Elementary and Sec- such agencies in submitting an application skills, for students facing systemic barriers ondary Education Act of 1965 (20 U.S.C. under subsection (e). and align such plan with the State edu- 6313(a)(5)), elementary schools and secondary (4) A description of the State educational cational agency’s data-driven plan described schools by grade-span grouping that have a agency’s strategy to increase the number of in subsection (d)(1); and higher percentage of students from families educators prepared to teach computer (ii) diversify and support its computer with low incomes than the average of the science education, including by— science educators, including through recruit- percentage of students from families with (A) recruiting educators or individuals ment and retention activities, analyzing dis- low incomes across all elementary schools with backgrounds in computer science to parities among its educators by race, eth- teach computer science, diversifying the nicity, sex, socioeconomic status, age, dis- and secondary schools serving students in computer science educator pipeline, pro- ability status, and language ability, and ad- such grade-span grouping in the local edu- viding evidence-based professional develop- dressing such disparities, in alignment with cational agency or educational service agen- ment for current educators, or providing evi- the State’s strategy described in subsection cy. dence-based training for current educators (d)(4). (B) SECONDARY SCHOOLS.—In identifying seeking to transition from other content (B) A description of the existing computer schools under subparagraph (A), percentages areas to computer science; and science education coursework offered in sec- of students from families with low incomes (B) working with public institutions of ondary schools operated by the local edu- in secondary schools may be calculated using higher education in the State to examine the cational agency or educational service agen- comparable data from the schools that feed State’s policies regarding educator prepara- cy, including the number of students who en- into such secondary school. tion and licensure to support increased ac- roll and complete such courses and the de- (f) USES OF FUNDS.— cess and enrollment for candidates enrolled mographics of such students. (1) STATE USE OF FUNDS.—A State edu- in educator preparation programs and cur- (C) A description of how the local educational agency shall use amounts reserved rent educators in computer science educational agency or educational service agen- under subsection (c)(3)(B) for 1 or more of the cation. cy will use subgrant funds to implement evi- following: (5) A description of the policies and prac- dence-based practices to improve the quality (A) Implementing the data-driven plan de- tices of the State educational agency in- of instruction in computer science and the scribed in subsection (d)(1), including tended to support increased access and en- development of computational thinking through the provision of technical assist- rollment in computer science and support skills, including— ance, data collection and analysis, and ca- the development of computational thinking (i) providing evidence-based professional pacity building supports to all local edu- skills for elementary school and secondary development for current educators in com- cational agencies within the State, to ex- school students, including— puter science education, or evidence-based pand access to rigorous computer science (A) the State educational agency’s efforts training for current educators seeking to education and increase the development of to encourage, incentivize, or require school transition from other subjects to computer computational thinking skills for elemen- districts to— science; and tary school and secondary school students (i) offer computer science education in sec- (ii) improving instruction in the develop- facing systemic barriers. ondary schools, including Advanced Place- ment of computational thinking skills for (B) Implementing the State educational ment or International Baccalaureate com- students in elementary schools and sec- agency’s strategy to support computer puter science courses, computer science ondary schools, particularly for students in science educators described in subsection courses in dual or concurrent enrollment elementary schools and middle grades. (d)(4) by diversifying and increasing the programs, in-demand industry credentials, or (D) A description regarding whether and number of educators adequately prepared to high-quality distance education, particularly how the local educational agency or edu- deliver rigorous instruction in computer for students facing systemic barriers across cational service agency may partner or col- science, through recruitment, evidence-based the State; and laborate, to carry out activities with the professional development for educators, or (ii) support the development of opportuni- subgrant, in accordance with subsection evidence-based training for current edu- ties for youth to access extracurricular op- (f)(2), with 1 of the following entities, to the cators seeking to transition from other sub- portunities, career exploration and exposure extent practicable if such entities are lo- jects to computer science. activities, career information and advising, cated within the State: (C) Identifying and supporting the imple- and high-quality work-based learning oppor- (i) A Historically Black College or Univer- mentation and scaling of evidence-based in- tunities (such as internships) to increase ex- sity (within the meaning of the term ‘‘part B structional strategies in computer science posure to computer science education and institution’’ under section 322 of the Higher education and instruction on how to develop career pathways, and support the develop- Education Act of 1965 (20 U.S.C. 1061)) or computational thinking skills in students

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00174 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2727 that are supported by strong or moderate (I) providing evidence-based professional tion and annually thereafter, a State edu- evidence. development for current computer science cational agency that receives a grant under (D) Supporting the development of oppor- education educators, or evidence-based this section shall provide a report to the Sec- tunities for youth to access extracurricular training for current educators seeking to retary containing the information the Sec- opportunities, career exploration and expo- transition from other subjects to computer retary requires, including, at a minimum— sure activities, career information and advis- science; (A) a summary of the reports received by ing, and high-quality work-based learning (II) recruiting and retaining educators de- the State educational agency under para- opportunities (such as internships), to described in subclause (I); and graph (1); velop computational thinking skills and in- (III) analyzing disparities amongst com- (B) a description of changes in State policy crease exposure to computer science edu- puter science educators by race, ethnicity, to improve access and increase enrollment in cation and career pathways, particularly for sex, socioeconomic status, age, disability computer science education and the develop- students facing systemic barriers. status, and language ability, and addressing ment of computational thinking skills in the (2) LOCAL EDUCATIONAL AGENCY’S USE OF such disparities. State’s curriculum for elementary school FUNDS.—A local educational agency or edu- (iii) Implement evidence-based practices to and secondary school students; cational service agency that receives a improve the quality of instruction regarding (C) an update of the State educational subgrant under this section shall comply computer science and the development of agency’s implementation of its data-driven with the following: computational thinking skills. plan described in subsection (d)(1) to improve (A) Develop and implement a plan (in (iv) Support student mastery of the devel- access and increase enrollment in computer alignment with the State educational agen- opment of problem-solving skills and other science education and increase the develop- cy’s data-driven plan described in subsection key prerequisites for computer science edu- ment of computational thinking skills for (d)(1)) that— cation coursework, including algebra and students facing systemic barriers; and (i) regularly measures, analyzes, and ad- statistics, to promote success in computer (D) an update of the State educational dresses disparities in access to and enroll- science education coursework. agency’s implementation of its strategy to ment in computer science education and in (v) Establish robust regional collabora- support computer science educators de- the development of computational thinking tions with relevant local entities to improve scribed in subsection (d)(4), including data skills for students facing systemic barriers; work-based learning opportunities and ca- on diversifying and increasing the number of (ii) is in alignment with the State’s com- reer exploration and exposure in computer educators adequately prepared to deliver rig- puter science education standards (if the science, for elementary school and secondary orous instruction in computer science edu- local educational agency or educational school students, that may include collabo- cation service agency is located in a State who has rating with computer science industry, insti- (h) EVALUATION.— adopted such standards); tutions of higher education, nonprofit orga- (1) IN GENERAL.—The Secretary, acting (iii) establishes goals and specifies activi- nizations, community learning centers (as through the Director of the Institute of Edu- ties supported by subgrant funds to meet defined in section 4201(b) of the Elementary cation Sciences, shall carry out an inde- those goals by— and Secondary Education Act of 1965 (20 pendent evaluation to measure the effective- (I) increasing access to computer science U.S.C. 7171(b)), a State workforce agency, or ness of the program funded under this sec- education coursework in elementary schools a State workforce development board estab- tion and disseminate best practices to ex- and secondary schools that do not offer such lished under section 101 of the Workforce In- pand access to computer science education courses; novation and Opportunity Act (29 U.S.C. and the development of computational (II) addressing challenges faced by students 3111). thinking skills for all students, particularly facing systemic barriers in enrolling and (vi) Support the development of opportuni- students facing systemic barriers. succeeding in computer science education ties for youth to access extracurricular op- (2) CONTENTS.—The evaluation under para- coursework in elementary schools and sec- portunities, career exploration and exposure graph (1) shall measure— ondary schools that do offer such courses; activities, career information and advising, (A) the effectiveness of the program in ex- and and high-quality work-based learning oppor- panding access to computer science edu- (III) providing high-quality instruction to tunities (such as internships), to develop cation and the development of computa- support the development of computational computational thinking skills and increase thinking skills for students in elementary exposure to computer science education and tional thinking skills for all students, par- schools and secondary schools, particularly career pathways. ticularly students facing systemic barriers; (B) the extent to which the program im- for students in elementary schools and mid- (3) RESTRICTION.—A local educational agen- dle grades; and cy or educational service agency that receive proved the development of computational (iv) prioritizes using subgrant funds to sup- a subgrant under this section shall not use thinking skills for elementary schools and port schools with significant enrollments of more than 15 percent of subgrant funds for secondary school students, particularly in el- students from families with low incomes as purchasing technology infrastructure as de- ementary schools and middle grades; and described in subsection (e)(2). scribed in paragraph (2)(B)(i)(II). (C) the effectiveness of the program in di- (B) Carry out 1 or more of the following: (g) REPORTING REQUIREMENTS.— versifying, supporting, and increasing the (i) Expand access to rigorous computer (1) LOCAL REPORTING.—Each local edu- number of educators adequately prepared to science education and improve the develop- cational agency and educational service deliver rigorous instruction in computer ment of computational thinking skills for all agency that receives a subgrant under this science education and how to develop com- students, especially students facing systemic section shall submit a report to the State putational thinking skills in students. barriers, including through— educational agency on an annual basis that (i) RULE OF CONSTRUCTION.—The Secretary (I) increasing access to computer science contains any information required by the shall comply with requirements of section education in elementary schools and sec- State educational agency and, at a min- 8526A of the Elementary and Secondary Edu- ondary schools, including through expanded imum, the following: cation Act of 1965 (20 U.S.C. 7906a) in car- course offerings such as Advanced Placement (A) The number of students enrolled in rying out activities under this section. or International Baccalaureate courses, dual computer science education coursework in (j) SUPPLEMENT NOT SUPPLANT.—Federal or concurrent enrollment programs, in-de- the schools served by such local educational funds provided under this section shall be mand industry recognized credentials, or agency or educational service agency, and an used to supplement, and not supplant, other high-quality distance education; and update on the progress in meeting the goals Federal, State, or local funds available to (II) improving the development of com- established under the agency’s plan to ad- carry out the activities described in this sec- putational thinking skills for students in el- dress equity gaps in enrollment and access to tion. ementary schools and secondary schools, computer science education for students fac- (k) AUTHORIZATION OF APPROPRIATIONS.— particularly elementary schools and in the ing systemic barriers, as required under sub- There are authorized to be appropriated to middle grades, including through invest- section (f)(2). carry out this section such sums as may be ments in high-quality instructional mate- (B) A description of actions and changes in necessary for each of fiscal years 2022 rials, technology infrastructure, high-qual- policies and practice by the local edu- through 2026. ity curriculum, and evidence-based profes- cational agency or educational service agen- Subtitle C—Higher Education sional development, with the goal of more ef- cy to improve access and increase enroll- SEC. 6121. REAUTHORIZATION OF INTER- fectively preparing such students for success ment and success in computer science edu- NATIONAL EDUCATION PROGRAMS in computer science education, such as en- cation and increase the development of com- UNDER TITLE VI OF THE HIGHER rollment in computer science education putational thinking skills for elementary EDUCATION ACT OF 1965. coursework in secondary school, receiving a school and secondary school students, par- (a) GRADUATE AND UNDERGRADUATE LAN- postsecondary degree or credential in com- ticularly for students in elementary schools GUAGE AND AREA CENTERS AND PROGRAMS.— puter science, and attaining a career in com- and middle grades. Section 602(b)(2)(B)(ii) of the Higher Edu- puter science or a related field. (C) Data on the number and diversity of cation Act of 1965 (20 U.S.C. 1122(b)(2)(B)(ii)) (ii) Diversify, support, and increase the educators providing high-quality instruction is amended— number of educators adequately prepared to in computer science education. (1) in subclause (III), by striking ‘‘or’’; deliver rigorous instruction in computer (2) STATE REPORTING.—Not later than 1 (2) in subclause (IV), by striking the period science education, by— year after the date of enactment of this sec- at the end and inserting ‘‘; or’’; and

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00175 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2728 CONGRESSIONAL RECORD — SENATE May 18, 2021 (3) by adding at the end the following: ‘‘(A) Assess and document international award such grants, on a competitive basis, to ‘‘(V) the beginning, intermediate, or ad- and foreign language education capacity and eligible entities. vanced study of a foreign language related to supply through studies or surveys that— ‘‘(2) USES OF FUNDS.—An eligible entity the area of specialization.’’. ‘‘(i) determine the number of foreign lan- that receives an innovation grant under this (b) INTERNATIONAL RESEARCH AND INNOVA- guage courses, programs, and enrollments at subsection shall use the grant funds to pay TION.—Section 605 of the Higher Education all levels of education and in all languages, the Federal share of projects consistent with Act of 1965 (20 U.S.C. 1125) is amended to read including a determination of gaps in those the purpose described in subsection (a) that as follows: languages deemed critical to the national in- establish and conduct innovative strategies, ‘‘SEC. 605. INTERNATIONAL RESEARCH AND IN- terest; or scale up proven strategies, and that NOVATION. ‘‘(ii) measure the number and types of de- achieve at least 1 of the outcomes described ‘‘(a) PURPOSE.—It is the purpose of this grees or certificates awarded in area studies, in subsection (b)(1). Such projects may in- section to support essential international global studies, foreign language studies, and clude one or more of the following: and foreign language education research and international business and professional stud- ‘‘(A) Innovative paradigms to improve innovation projects with the goal of assess- ies, including identification of gaps in those communication, sharing, and delivery of re- ing and strengthening international edu- studies deemed critical to the national inter- sources that further the purpose described in cation capacity, coordination, delivery, and est; outcomes to meet national needs. ‘‘(iii) measure the number of foreign lan- subsection (a), including the following: ‘‘(b) AUTHORITY.— guage or area or international studies fac- ‘‘(i) Networking structures and systems to ‘‘(1) IN GENERAL.—From the amount pro- ulty, including international business fac- more effectively match graduates with inter- vided to carry out this section, the Secretary ulty, and elementary school and secondary national and foreign language education shall carry out the following activities: school foreign language teachers by lan- skills with employment needs. ‘‘(A) Conduct research and studies that guage, degree, and world area; or ‘‘(ii) Sharing international specialist ex- contribute to the purpose described in sub- ‘‘(iv) measure the number of undergraduate pertise across institutions of higher edu- section (a) and include research to provide a and graduate students engaging in long- or cation or in the workforce to pursue speciali- systematic understanding of the United short-term education or internship abroad zation or learning opportunities not avail- States’ international and foreign language programs as part of their curriculum, includ- able at any single institution of higher edu- education capacity, structures, and effec- ing countries of destination. cation, such as shared courses for studying tiveness in meeting growing demands by edu- ‘‘(B) Assess the demands for, and outcomes less commonly taught languages, world cation, government, and the private sector of, international and foreign language edu- areas or regions, international business or (including business and other professions). cation and their alignment, through studies, other professional areas, or specialized re- ‘‘(B) Create innovative paradigms or en- surveys, and conferences to— search topics of national strategic interest. hance or scale up proven strategies and prac- ‘‘(i) determine demands for increased or ‘‘(iii) Producing, collecting, organizing, tices that address systemic challenges to de- improved instruction in foreign language, preserving, and widely disseminating inter- veloping and delivering international and area or global studies, or other international national and foreign language education ex- foreign language education resources and ex- fields, and the demand for employees with pertise, resources, courses, and other infor- pertise across educational disciplines and in- such skills and knowledge in the education, mation through the use of electronic tech- stitutions, and for employers and other government, and private sectors (including nologies and other techniques. stakeholders. business and other professions); ‘‘(iv) Collaborative initiatives to identify, ‘‘(C) Develop and manage a national stand- ‘‘(ii) assess the employment or utilization capture, and provide consistent access to, ardized database that includes the strengths, of graduates of programs supported under and creation of, digital global library re- gaps, and trends in the international and for- this title by educational, governmental, and sources that are beyond the capacity of any eign language education capacity of the private sector organizations (including busi- single eligible entity receiving a grant under United States, and document the outcomes ness and other professions); or this section or any single institution of high- of programs funded under this title for every ‘‘(iii) assess standardized outcomes and ef- er education, including the professional de- grant cycle. fectiveness and benchmarking of programs velopment of library staff. ‘‘(2) GRANTS OR CONTRACTS.—The Secretary supported under this title. ‘‘(v) Utilization of technology to create shall carry out activities to achieve the out- ‘‘(C) Develop and publish specialized mate- open-source resources in international, area, comes described in paragraph (1)— rials for use in foreign language, area, glob- global, and foreign language studies that are ‘‘(A) directly; or al, or other international studies, including adaptable to multiple educational settings ‘‘(B) through grants awarded under sub- in international business or other profes- and promote interdisciplinary partnerships section (d) or (e). sional education or technical training, as ap- between technologists, curriculum designers, LIGIBLE NTITIES EFINED propriate. ‘‘(c) E E D .—In this international and foreign language edu- section, the term ‘eligible entity’ means— ‘‘(D) Conduct studies or surveys that iden- cation experts, language teachers, and li- ‘‘(1) an institution of higher education; tify and document systemic challenges and brarians. ‘‘(2) a public or private nonprofit library; changes needed in higher education and ele- ‘‘(B) Innovative curriculum, teaching, and ‘‘(3) a nonprofit educational organization; mentary school and secondary school sys- learning strategies, including the following: ‘‘(4) an entity that— tems to make international and foreign lan- ‘‘(i) New initiatives for collaborations of ‘‘(A) received a grant under this title for a guage education available to all students as disciplinary programs with foreign language, preceding fiscal year; or part of the basic curriculum, including chal- area, global, and international studies, and ‘‘(B) as of the date of application for a lenges in current evaluation standards, en- education abroad programs that address the grant under this section is receiving a grant trance and graduation requirements, pro- under this title; or gram accreditation, student degree require- internationalization of such disciplinary ‘‘(5) a partnership of two or more entities ments, or teacher and faculty legal work- studies with the purpose of producing glob- described in paragraphs (1) through (4). place barriers to education and research ally competent graduates. ‘‘(d) RESEARCH GRANTS.— abroad. ‘‘(ii) Innovative collaborations between es- ‘‘(1) PROGRAM AUTHORIZED.—For any fiscal ‘‘(E) With respect to underrepresented in- tablished centers of international and for- year for which the Secretary carries out ac- stitutions of higher education (including mi- eign language education excellence and tivities to achieve the outcomes described in nority-serving institutions or community underrepresented institutions and popu- subsection (b)(1) through research grants colleges), carry out studies or surveys that lations seeking to further their goals for under this subsection, the Secretary shall identify and document— strengthening international, area, global, award such grants, on a competitive basis, to ‘‘(i) systemic challenges and changes and and foreign language studies, including at eligible entities. incentives and partnerships needed to com- minority-serving institutions or community ‘‘(2) REQUIRED ACTIVITIES.—An eligible en- prehensively and sustainably internation- colleges. tity that receives a grant under this sub- alize educational programming; or ‘‘(iii) Teaching and learning collaborations section shall use the grant funds to pay for ‘‘(ii) short- and long-term outcomes of suc- among foreign language, area, global, or the Federal share of the costs of the system- cessful internationalization strategies and other international studies with diaspora atic development, collection, analysis, publi- funding models. communities, including heritage students. cation, and dissemination of data, and other ‘‘(F) Evaluate the extent to which pro- ‘‘(iv) New approaches and methods to information resources, in a manner that— grams assisted under this title reflect di- teaching emerging global issues, cross-re- ‘‘(A) is easily understandable, made pub- verse perspectives and a wide range of views gional interactions, and underrepresented re- licly available, and contributes to achieving and generate debate on world regions and gions or countries, such as project- and the purpose of subsection (a); and international affairs. team-based learning. ‘‘(B) achieves at least 1 of the outcomes de- ‘‘(e) INNOVATION GRANTS.— ‘‘(C) Innovative assessment and outcome scribed in subsection (b)(1). ‘‘(1) PROGRAM AUTHORIZED.—For any fiscal tools and techniques that further the pur- ‘‘(3) DISCRETIONARY ACTIVITIES.—An eligi- year for which the Secretary carries out ac- pose described in subsection (a), including ble entity that receives a grant under this tivities to achieve the outcomes described in the following: subsection may use the grant to carry out subsection (b)(1) through innovation grants ‘‘(i) International and foreign language any of the following activities: under this subsection, the Secretary shall education assessment techniques that are

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00176 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2729 coupled with outcome-focused training mod- American public of the internationalization ‘‘(B) international, area, or global studies ules, such as certificates or badges, immer- of our economy and numerous other profes- programs; sion learning, or e-portfolio systems. sional areas important to the national inter- ‘‘(C) education, internships, or other inno- ‘‘(ii) Effective and easily accessible meth- est in the 21st century;’’; vative or technological linkages abroad; and ods of assessing professionally useful levels (B) by amending paragraph (2) to read as ‘‘(D) global business, economic, and trade of proficiency in foreign languages or com- follows: studies, where appropriate. petencies in area, culture, and global knowl- ‘‘(2) concerted efforts are necessary to en- ‘‘(2) Innovating and improving inter- edge or other international fields in pro- gage business and other professional edu- national, global, and foreign language edu- grams under this title, which may include cation and technical training programs, lan- cation curricula to serve the needs of busi- use of open access online and other cost-ef- guage, area, and global study programs, pro- ness and other professional and nonprofit fective tools for students and educators at fessional international affairs education pro- communities, including development of new all educational levels and in the workplace. grams, public and private sector organiza- programs for nontraditional, mid-career, or ‘‘(f) APPLICATION.—Each eligible entity de- tions, and United States business in a mutu- part-time students. siring a grant under this section shall sub- ally productive relationship which benefits ‘‘(3) Establishing education or internship mit to the Secretary an application at such the Nation’s future economic and security abroad programs, domestic globally-focused time, in such manner, and containing such interests;’’; internships, or other innovative approaches information as the Secretary shall require, (C) in paragraph (3), by striking ‘‘and the to enable undergraduate or graduate stu- including— international’’ and inserting ‘‘and other pro- dents in professional education or technical ‘‘(1) a description of each proposed project fessional fields and the international and training to develop foreign language skills the eligible entity plans to carry out under global’’; and and knowledge of foreign cultures, societies, this section and how such project meets the (D) in paragraph (4)— and global dimensions of their professional purpose described in subsection (a); (i) by inserting ‘‘, as well as other profes- fields. ‘‘(2) if applicable, a demonstration of why sional organizations,’’ after ‘‘departments of ‘‘(4) Developing collaborations between in- the entity needs a waiver or reduction of the commerce’’; and stitutions of higher education and corpora- matching requirement under subsection (g); (ii) by inserting ‘‘or other professions’’ tions or non-profit organizations in order to and after ‘‘business’’; and strengthen engagement and competitiveness ‘‘(3) an assurance that each such proposed (2) in subsection (b)— in global business, trade, or other global pro- project will be self-sustainable after the (A) in paragraph (1)— fessional activities. ISCRETIONARY ACTIVITIES.—An eligi- project is completed. (i) by striking ‘‘and economic enterprise’’ ‘‘(d) D ble entity that receives a grant or contract ‘‘(g) MATCHING REQUIREMENT.— and inserting ‘‘, economic enterprise, and se- under this section may use the grant or con- ‘‘(1) IN GENERAL.—The Federal share of the curity’’; and tract to carry out the following: total cost for carrying out a project sup- (ii) by inserting ‘‘and other professional’’ ‘‘(1) Developing specialized teaching mate- ported by a grant under this section shall be before ‘‘personnel’’; and rials and courses, including foreign language not more than 66.66 percent. (B) in paragraph (2), by striking ‘‘to pros- and area or global studies materials, and in- ‘‘(2) NON-FEDERAL SHARE CONTRIBUTIONS.— per in an international’’ and inserting ‘‘and novative technological delivery systems ap- The non-Federal share of such cost shall be other professional fields to prosper in a glob- propriate for professionally-oriented stu- no less than 33.34 percent and may be pro- al’’. dents. vided either in-kind or in cash, from institu- (e) PROFESSIONAL AND TECHNICAL EDU- ‘‘(2) Establishing student fellowships or tional and non-institutional funds, including CATION FOR GLOBAL COMPETITIVENESS.—Sec- contributions from State or private sector tion 613 of the Higher Education Act of 1965 other innovative support opportunities, in- corporations, nonprofit entities, or founda- (20 U.S.C. 1130a) is amended to read as fol- cluding for underrepresented populations, tions. lows: first generation college students (defined in section 402A), and heritage learners, for edu- ‘‘(3) SPECIAL RULE.—Notwithstanding para- ‘‘SEC. 613. PROFESSIONAL AND TECHNICAL EDU- graphs (1) and (2), the Secretary may waive CATION FOR GLOBAL COMPETITIVE- cation and training in global professional de- or reduce the non-Federal share required NESS. velopment activities. under paragraph (2) for eligible entities ‘‘(a) PURPOSE.—The purpose of this section ‘‘(3) Developing opportunities or fellow- that— is to support innovative strategies that pro- ships for faculty or junior faculty of profes- ‘‘(A) are minority-serving institutions or vide undergraduate and graduate students sional education or technical training (in- are community colleges; or with the global professional competencies, cluding the faculty of minority-serving insti- ‘‘(B) have submitted a grant application as perspectives, and skills needed to strengthen tutions or community colleges) to acquire or required by subsection (f) that demonstrates and enrich global engagement and competi- strengthen international and global skills a need for such a waiver or reduction. tiveness in a wide variety of professional and and perspectives. ‘‘(h) DATABASE AND REPORTING.—The Sec- technical fields important to the national in- ‘‘(4) Creating institutes that take place retary shall directly, or through grants or terest in the 21st century. over academic breaks, like the summer, in- contracts with an eligible grant recipient— ‘‘(b) PROGRAM AUTHORIZED.—The Secretary cluding through technological means, and ‘‘(1) establish, curate, maintain, and up- shall make grants to, or enter into contracts cover foreign language, world area, global, or date at least every grant cycle a web-based with, eligible entities to pay the Federal other international studies in learning areas site which shall showcase the results of this share of the cost of programs designed to— of global business, science, technology, engi- section and serve as a user-friendly reposi- ‘‘(1) establish an interdisciplinary global neering, or other professional education and tory of the information, resources, and best focus in the undergraduate and graduate cur- training fields. practices generated through activities con- ricula of business, science, technology, engi- ‘‘(5) Internationalizing curricula at minor- ducted under this section; and neering, and other professional education ity-serving institutions or community col- ‘‘(2) prepare, publish, and disseminate to and technical training programs to be deter- leges to further the purpose of this section. Congress and the public at least once every mined by the Secretary based on national ‘‘(6) Establishing international linkages or 5 years, a report that summarizes key find- needs; partnerships with institutions of higher edu- ings and policy issues from the activities ‘‘(2) produce graduates with proficiencies cation, corporations, or organizations that conducted under this section, especially as in both the global aspects of their profes- contribute to the objectives of this section. such activities relate to international and sional education or technical training fields ‘‘(7) Developing programs to inform the foreign language education and outcomes.’’. and international, cross-cultural, and foreign public of increasing global interdependence (c) DISCONTINUATION OF FOREIGN INFORMA- language skills; and in professional education and technical TION ACCESS PROGRAM.—Part A of title VI of ‘‘(3) provide appropriate services to or training fields. the Higher Education Act of 1965 (20 U.S.C. partnerships with the corporate, govern- ‘‘(8) Establishing trade education programs 1121 et seq.) is further amended— ment, and nonprofit communities in order to through agreements with regional, national, (1) by striking sections 606 and 610; and expand knowledge and capacity for global global, bilateral, or multilateral trade cen- (2) redesignating sections 607, 608, and 609 engagement and competitiveness and provide ters, councils, or associations. as sections 606, 607, and 608, respectively. internship or employment opportunities for ‘‘(e) APPLICATION.—Each eligible entity de- (d) FINDINGS AND PURPOSE FOR GLOBAL students and graduates with international siring a grant or contract under this section BUSINESS AND PROFESSIONAL EDUCATION PRO- skills. shall submit an application to the Secretary GRAMS.—Section 611 of the Higher Education ‘‘(c) MANDATORY ACTIVITIES.—An eligible at such time, in such manner, and including Act of 1965 (20 U.S.C. 1130) is amended— entity that receives a grant or contract such information as the Secretary may rea- (1) in subsection (a)— under this section shall use the grant or con- sonably require, including assurances that— (A) by amending paragraph (1) to read as tract to carry out the following: ‘‘(1) each proposed project have reasonable follows: ‘‘(1) With respect to undergraduate or grad- and demonstrable plans for sustainability ‘‘(1) the future welfare of the United States uate professional education and technical and replicability upon completion of the will depend substantially on increasing training curricula, incorporating— project; international and global skills in business, ‘‘(A) foreign language programs that lead ‘‘(2) the institution of higher education educational, and other professional commu- to proficiency, including immersion opportu- will use the assistance provided under this nities and creating an awareness among the nities; section to supplement and not supplant

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00177 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2730 CONGRESSIONAL RECORD — SENATE May 18, 2021 other activities described in subsection (b) (3) by adding at the end the following: icine, shall evaluate any contract or agree- that are conducted by the institution of ‘‘(11) the term ‘community college’ means ment between an institution of higher edu- higher education as of the day before the a public institution of higher education at cation and a Confucius Institute, and publish date of the grant or contract; which the highest degree that is predomi- such evaluation on the website of the De- ‘‘(3) in the case of eligible entities that are nantly awarded to students is an associate partment of Education, to confirm that any consortia of institutions of higher education, degree, including a 2-year Tribal College or such contract or agreement includes clear or partnership described in subsection University (as defined in section 316); provisions that— (g)(1)(C), a copy of their partnership agree- ‘‘(12) the term ‘heritage student’ means a (A) protect academic freedom at the insti- ment that demonstrates compliance with postsecondary student who— tution; subsection (b) will be provided to the Sec- ‘‘(A) was born in the United States to im- (B) prohibit the application of any foreign retary; migrant parents or immigrated to the United law on any campus of the institution; and ‘‘(4) the activities funded by the grant or States at an early age; (C) grant full managerial authority of the contract will reflect diverse perspectives and ‘‘(B) is proficient in English, but raised in Confucius Institute to the institution, in- a wide range of views of world regions and a family primarily speaking 1 or more lan- cluding full control over what is being international affairs where applicable; and guages of the country of origin; and taught, the activities carried out, the re- ‘‘(5) if applicable, a demonstration of why ‘‘(C) maintains a close affinity with the search grants that are made, and who is em- the eligible entity needs a waiver or reduc- family’s culture and language of origin; and ployed at the Confucius Institute. tion of the matching requirement under sub- ‘‘(13) the term ‘minority-serving institu- (2) FAILURE TO SATISFY CONDITIONS.—If the section (f). tion’ means an institution of higher edu- Secretary of Education, in consultation with ‘‘(f) MATCHING REQUIREMENT.— cation that is eligible to receive a grant the National Academies of Science, Engi- ‘‘(1) IN GENERAL.—The Federal share of the under part A or B of title III or title V.’’. neering, and Medicine, cannot confirm that total cost for carrying out a program sup- (i) PRIORITY TO MINORITY-SERVING INSTITU- the contract or agreement includes the clear ported by a grant under this section shall be TIONS.—Part C of title VI of the Higher Edu- provisions in accordance with paragraph (1), not more than 50 percent. cation Act of 1965 (20 U.S.C. 1132 et seq.), as the conditions under such paragraph shall ‘‘(2) NON-FEDERAL SHARE CONTRIBUTIONS.— redesignated by subsection (g)(2), is further not be considered to be satisfied for the pur- The non-Federal share of such cost shall be amended— poses of subsection (b). not less than 50 percent and may be provided (1) by striking sections 637 and 638; and (d) PUBLIC INSPECTION REQUIREMENT.—The either in-kind or in cash, from institutional (2) by adding at the end the following: Secretary of Education shall ensure that and non-institutional funds, including con- each institution of higher education that tributions from State and private sector cor- ‘‘SEC. 637. PRIORITY TO MINORITY-SERVING IN- STITUTIONS. maintains a contract or agreement between porations, nonprofit entities, or foundations. ‘‘(a) PRIORITY.—In seeking applications and the institution and a Confucius Institute ‘‘(3) SPECIAL RULE.—Notwithstanding para- awarding grants under this title, the Sec- makes available for public inspection— graphs (1) and (2), the Secretary may waive retary, may give priority to— (1) a true copy of the contract or agree- or reduce the non-Federal share required ‘‘(1) minority-serving institutions; or ment between the institution and the Confu- under paragraph (2) for eligible entities ‘‘(2) institutions of higher education that cius Institute; and that— apply for such grants that propose signifi- (2) a translation in English of the contract ‘‘(A) are minority-serving institutions or or agreement between the institution and are community colleges; or cant and sustained collaborative activities the Confucius Institute that is certified by a ‘‘(B) have submitted a grant application as with one or more minority-serving institu- third party translator. required by subsection (e) that demonstrates tions. ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- (e) SPECIAL RULE.—Notwithstanding any a need for such a waiver or reduction. other provision of this section, this section ‘‘(g) DEFINITIONS.—In this section: retary shall provide technical assistance to shall not apply to an institution of higher ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible minority-serving institutions to ensure max- education if that institution has fulfilled the entity’ means— imum distribution of grants to eligible mi- requirements for a waiver from the Depart- ‘‘(A) an institution of higher education; nority-serving institutions and among each ment of Defense as described under section ‘‘(B) a consortia of such institutions; or category of such institutions.’’. 1062 of the National Defense Authorization ‘‘(C) a partnership between— (j) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(i) an institution of higher education or a INTERNATIONAL EDUCATION PROGRAMS.—Part Act for Fiscal Year 2021 (Public Law 116–283) consortia of such institutions; and C of title VI of the Higher Education Act of and made the documents available for public ‘‘(ii) at least one corporate or nonprofit en- 1965 (20 U.S.C. 1132 et seq.), as redesignated inspection in accordance with subsection (d). (f) SUNSET.—This section shall cease to be tity. by subsection (g)(2), is further amended by effective on September 30, 2027. ‘‘(2) PROFESSIONAL EDUCATION AND TECH- adding at the end the following: SEC. 6123. SUSTAINING THE TRUMAN FOUNDA- NICAL TRAINING.—The term ‘professional edu- ‘‘SEC. 638. AUTHORIZATION OF APPROPRIATIONS. TION AND THE MADISON FOUNDA- ‘‘(a) IN GENERAL.—There are authorized to cation and technical training’ means a pro- TION. be appropriated to carry out this title gram at an institution of higher education (a) TRUMAN MEMORIAL SCHOLARSHIP that offers undergraduate, graduate, or post- $208,059,000 for fiscal year 2022 and such sums FUND.— graduate level education in a professional or as may be necessary for each of the 5 suc- (1) IN GENERAL.—Section 10(b) of Public technical field that is determined by the ceeding fiscal years.’’. Law 93–642 (20 U.S.C. 2001 et seq.) is amended Secretary as meeting a national need for SEC. 6122. CONFUCIUS INSTITUTES. to read as follows: global or international competency (which (a) DEFINITIONS.—In this section— ‘‘(b)(1) It shall be the duty of the Secretary may include business, science, technology, (1) the term ‘‘Confucius Institute’’ means a of the Treasury to invest in full the amounts engineering, law, health, energy, environ- cultural institute established as a partner- appropriated to the fund. ment, agriculture, transportation, or edu- ship between a United States institution of ‘‘(2) Investments of amounts appropriated cation). higher education and a Chinese institution of to the fund shall be made in public debt secu- ‘‘(h) FUNDING RULE.—Notwithstanding any higher education to promote and teach Chi- rities of the United States with maturities other provision of this title, funds made nese language and culture that is funded, di- suitable to the fund. For such purpose, such available to the Secretary for a fiscal year rectly or indirectly, by the Government of obligations may be acquired— may not be obligated or expended to carry the People’s Republic of China; and ‘‘(A) on original issue at the issue price; or out this section unless the funds appro- (2) the term ‘‘institution of higher edu- ‘‘(B) by purchase of outstanding obliga- priated for such fiscal year to carry out this cation’’ has the meaning given that term in tions at the market price. title exceed $69,353,000.’’. section 102 of the Higher Education Act of ‘‘(3) The purposes for which obligations of (f) DISCONTINUATION OF CERTAIN AUTHOR- the United States may be issued under chap- IZATIONS OF APPROPRIATIONS.—Part B of title 1965 (20 U.S.C. 1002). VI of the Higher Education Act of 1965 (20 (b) RESTRICTIONS OF CONFUCIUS INSTI- ter 31 of title 31, United States Code, are U.S.C. 1130 et seq.) is further amended by TUTES.—Except as provided in subsection (e), hereby extended to authorize the issuance at striking section 614. an institution of higher education that par of special obligations exclusively to the (g) REPEAL OF INSTITUTE FOR INTER- maintains a contract or agreement between fund. Such special obligations shall bear in- NATIONAL PUBLIC POLICY.—Title VI of the the institution and a Confucius Institute terest at a rate equal to the average rate of Higher Education Act of 1965 (20 U.S.C. 1131 shall not be eligible to receive Federal funds interest, computed as to the end of the cal- et seq.) is amended— provided under the Higher Education Act of endar month next preceding the date of such (1) by striking part C; and 1965 (20 U.S.C. 1001 et seq.), except funds pro- issue, borne by all marketable interest-bear- (2) by redesignating part D as part C. vided under title IV of such Act, unless the ing obligations of the United States then (h) DEFINITIONS.—Section 631(a) of the institution satisfies the requirements and forming a part of the public debt, except that Higher Education Act of 1965 (20 U.S.C. conditions of subsection (c) or (d). where such average rate is not a multiple of 1132(a)) is amended— (c) EVALUATION OF CONFUCIUS INSTITUTE 1⁄8 of 1 percent, the rate of interest of such (1) in paragraph (9), by striking ‘‘and’’ at CONTRACTS OR AGREEMENTS.— special obligations shall be the multiple of 1⁄8 the end; (1) IN GENERAL.—The Secretary of Edu- of 1 percent next lower than such average (2) in paragraph (10), by striking the period cation, in consultation with the National rate. Such special obligations shall be issued at the end and inserting a semicolon; and Academies of Science, Engineering, and Med- only if the Secretary determines that the

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00178 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2731 purchases of other interest-bearing obliga- SEC. 6124. DISCLOSURES OF FOREIGN GIFTS AND Secretary during a compliance audit or other tions of the United States, or of obligations CONTRACTS AT INSTITUTIONS OF institutional investigation and shall ensure guaranteed as to both principal and interest HIGHER EDUCATION. all gifts and contracts from the foreign by the United States or original issue or at (a) DISCLOSURES OF FOREIGN GIFTS.—Sec- source are translated into English by a third the market price, is not in the public inter- tion 117 of the Higher Education Act of 1965 party unaffiliated with the foreign source or est.’’. (20 U.S.C. 1011f) is amended to read as fol- institution for this purpose. lows: (2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) ADDITIONAL DISCLOSURES FOR RE- Section 14 of Public Law 93–642 (20 U.S.C. ‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS. STRICTED AND CONDITIONAL GIFTS AND CON- 2013) is amended by striking ‘‘$30,000,000 to ‘‘(a) DISCLOSURE REPORTS.— TRACTS.—Notwithstanding the provisions of the fund’’ and inserting ‘‘to the Harry S. ‘‘(1) AGGREGATE GIFTS AND CONTRACT DIS- subsection (b), whenever any institution re- Truman Memorial Scholarship Trust Fund CLOSURES.—An institution shall file a disclo- ceives a restricted or conditional gift or con- sure report described in subsection (b) with such sums as may be necessary for fiscal tract from a foreign source, the institution the Secretary not later than March 31 imme- year 2022 and each succeeding fiscal year.’’. shall disclose the following to the Depart- diately following any calendar year in which (b) JAMES MADISON MEMORIAL FELLOWSHIP ment translated into English by a third the institution receives a gift from, or enters TRUST FUND.— party unaffiliated with the foreign source or into a contract with, a foreign source, the institution: (1) IN GENERAL.—Subsection (b) of section value of which is $50,000 or more, considered 811 of the James Madison Memorial Fellow- ‘‘(1) For such gifts received from or con- alone or in combination with all other gifts ship Act (20 U.S.C. 4510) is amended to read tracts entered into with a foreign source from, or contracts with, that foreign source as follows: other than a foreign government, the within the calendar year. ‘‘(b)(1) It shall be the duty of the Secretary amount, the date, and a description of such ‘‘(2) DISCLOSURE OF CONTRACTS WITH UNDE- of the Treasury to invest in full the amounts conditions or restrictions. The report shall TERMINED MONETARY VALUE.—An institution appropriated to the fund. also disclose the country of citizenship, or if shall file a disclosure report described in unknown, the principal residence for a for- ‘‘(2) Subject to paragraph (3), investments subsection (b) with the Secretary not later of amounts appropriated to the fund shall be eign source which is a natural person, and than March 31 immediately following any the country of incorporation, or if unknown, made in public debt securities of the United calendar year in which the institution enters States with maturities suitable to the fund. the principal place of business for a foreign into a contract with a foreign source that source which is a legal entity. For such purpose, such obligations may be has an undetermined monetary value. acquired— ‘‘(2) For gifts received from or contracts ‘‘(3) FOREIGN SOURCE OWNERSHIP OR CON- ‘‘(A) on original issue at the issue price; or entered into with a foreign government, the TROL DISCLOSURES.—In the case of an institu- ‘‘(B) by purchase of outstanding obliga- amount, the date, a description of such con- tion that is owned or controlled by a foreign ditions or restrictions, and the name of the tions at the market price. The purposes for source, the institution shall file a disclosure which obligations of the United States may foreign government. report described in subsection (b) with the ‘‘(d) RELATION TO OTHER REPORTING RE- be issued under chapter 31 of title 31, United Secretary not later than March 31 of every QUIREMENTS.— States Code, are hereby extended to author- year. ‘‘(1) STATE REQUIREMENTS.—If an institu- ize the issuance at par of special obligations ‘‘(b) CONTENTS OF REPORT.—Each report to tion that is required to file a disclosure re- exclusively to the fund. Such special obliga- the Secretary required by subsection (a) port under subsection (a) is within a State tions shall bear interest at a rate equal to shall contain the following: which has enacted requirements for public the average rate of interest, computed as to ‘‘(1)(A) In the case of an institution re- disclosure of gifts from or contracts with a the end of the calendar month next pre- quired to file a report under paragraph (1) or foreign source that includes all information ceding the date of such issue, borne by all (2) of subsection (a)— required under this section for the same or marketable interest-bearing obligations of ‘‘(i) for gifts received from or contracts en- an equivalent time period, a copy of the dis- the United States then forming a part of the tered into with a foreign government, the ag- closure report filed with the State may be public debt, except that where such average gregate amount of such gifts and contracts filed with the Secretary in lieu of the report rate is not a multiple of 1⁄8 of 1 percent, the received from each foreign government; and required under such subsection. The State in rate of interest of such special obligations ‘‘(ii) for gifts received from or contracts which the institution is located shall provide shall be the multiple of 1⁄8 of 1 percent next entered into with a foreign source other than to the Secretary such assurances as the Sec- lower than such average rate. Such special a foreign government, the aggregate dollar retary may require to establish that the in- obligations shall be issued only if the Sec- amount of such gifts and contracts attrib- stitution has met the requirements for pub- retary determines that the purchases of utable to a particular country and the legal lic disclosure under State law if the State re- other interest-bearing obligations of the or formal name of the foreign source. port is filed. United States, or of obligations guaranteed ‘‘(B) For purposes of this paragraph, the ‘‘(2) USE OF OTHER FEDERAL REPORTS.—If an as to both principal and interest by the country to which a gift is attributable is— institution receives a gift from, or enters United States or original issue or at the ‘‘(i) the country of citizenship, or if un- into a contract with, a foreign source, where market price, is not in the public interest. known, the principal residence, for a foreign any other department, agency, or bureau of ‘‘(3)(A) Notwithstanding paragraph (2), source who is a natural person; or the executive branch requires a report con- upon receiving a determination of the Board ‘‘(ii) the country of incorporation, or if un- taining all the information required under described in subparagraph (B), the Secretary known, the principal place of business, for a this section for the same or an equivalent shall invest up to 40 percent of the fund’s as- foreign source which is a legal entity. time period, a copy of the report may be filed sets in securities other than public debt se- ‘‘(2) In the case of an institution required with the Secretary in lieu of a report re- curities of the United States, provided that to file a report under subsection (a)(3)— quired under subsection (a). the securities are traded in established ‘‘(A) the information described in para- ‘‘(e) PUBLIC DISCLOSURE AND MODIFICATION United States markets. graph (1)(A) (without regard to any gift or OF REPORTS.— ‘‘(B) A determination described in this subcontract threshold described in subsection ‘‘(1) IN GENERAL.—Not later than 30 days paragraph is a determination by the Board (a)(1)); after receiving a disclosure report under this that investments as described in subpara- ‘‘(B) the identity of the foreign source that section, the Secretary shall make such re- graph (A) are necessary to enable the Foun- owns or controls the institution; port electronically available to the public dation to carry out the purposes of this title ‘‘(C) the date on which the foreign source for downloading on a searchable database without any diminution of the number of fel- assumed ownership or control; and under which institutions can be individually lowships provided under section 804. ‘‘(D) any changes in program or structure identified and compared. ‘‘(C) Nothing in this paragraph shall be resulting from the change in ownership or ‘‘(2) MODIFICATIONS.—The Secretary shall construed to limit the authority of the control. incorporate a process permitting institutions Board to increase the number of fellowships ‘‘(3) An assurance that the institution will to revise and update previously filed disclo- provided under section 804, or to increase the maintain a true copy of each gift or contract sure reports under this section to ensure ac- amount of the fellowship authorized by sec- agreement subject to the disclosure require- curacy, compliance, and ability to cure. tion 809, as the Board considers appropriate ments under this section, until the latest ‘‘(f) SANCTIONS FOR NONCOMPLIANCE.— and is otherwise consistent with the require- of— ‘‘(1) IN GENERAL.—As a sanction for non- ments of this title.’’. ‘‘(A) the date that is 4 years after the date compliance with the requirements under this (2) AUTHORIZATION OF APPROPRIATIONS.— of the agreement; section, the Secretary may impose a fine on Section 816 of the James Madison Memorial ‘‘(B) the date on which the agreement ter- an institution that in any year knowingly or Fellowship Act (20 U.S.C. 4515) is amended to minates; or willfully violates this section, that is— read as follows: ‘‘(C) the last day of any period that appli- ‘‘(A) in the case of a failure to disclose a ‘‘SEC. 816. AUTHORIZATION OF APPROPRIATIONS. cable State public record law requires a true gift or contract with a foreign source as re- ‘‘There are authorized to be appropriated copy of such agreement to be maintained. quired under this section or to comply with to the James Madison Memorial Trust Fund ‘‘(4) An assurance that the institution will the requirements of subsection (b)(4), in an such sums as may be necessary to carry out produce true copies of gift and contract amount that is not less than $250 but not the provisions of this title for fiscal year 2022 agreements subject to the disclosure require- more than the amount of the gift or contract and each succeeding fiscal year.’’. ments under this section upon request of the with the foreign source; or

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00179 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2732 CONGRESSIONAL RECORD — SENATE May 18, 2021 ‘‘(B) in the case of any violation of the re- Code, as added by section 4493 of the Secur- into before the date of enactment of the Se- quirements of subsection (a)(3), in an amount ing America’s Future Act. curing America’s Future Act; and that is not more than 25 percent of the total ‘‘(2) INCLUSIONS.—Any gift to, or contract ‘‘(3) maintain a plan to effectively identify amount of funding received by the institu- with, an entity or organization, such as a re- and manage potential information gathering tion under this Act. search foundation, that operates substan- by foreign sources through espionage tar- ‘‘(2) REPEATED FAILURES.— tially for the benefit or under the auspices of geting faculty, professional staff, and other ‘‘(A) KNOWING AND WILLFUL FAILURES.—In an institution shall be considered a gift to or staff engaged in research and development addition to a fine for a violation in any year with respectively, such institution. (as determined by the institution) that may in accordance with paragraph (1) and subject ‘‘(j) DEFINITIONS.—In this section— arise from gifts received from, or contracts to subsection (e)(2), the Secretary shall im- ‘‘(1) the term ‘contract’— entered into with, a foreign source, including pose a fine on an institution that knowingly ‘‘(A) means any— through the use of periodic communications and willfully fails in 3 consecutive years to ‘‘(i) agreement for the acquisition by pur- and enforcement of the policy described in comply with the requirements of this sec- chase, lease, or barter of property or services paragraph (1). tion, that is— by the foreign source, for the direct benefit ‘‘(b) INSTITUTIONS.—An institution of high- ‘‘(i) in the case of a failure to disclose a or use of either of the parties, except as pro- er education shall be subject to the require- gift or contract with a foreign source as re- vided in subparagraph (B); or ments of this section if such institution— quired under this section or to comply with ‘‘(ii) affiliation, agreement, or similar ‘‘(1) is an institution of higher education as the requirements of subsection (b)(4), in an transaction with a foreign source and is defined under section 102; and amount that is not less than $100,000 but not based on the use or exchange of an institu- ‘‘(2) had more than $5,000,000 in research more than twice the amount of the gift or tion’s name, likeness, time, services, or re- and development expenditures in any of the contract with the foreign source; or sources, except as provided in subparagraph previous five years. ‘‘(ii) in the case of any violation of the re- (B); and ‘‘(c) SANCTIONS FOR NONCOMPLIANCE.— quirements of subsection (a)(3), in an amount ‘‘(B) does not include any agreement made ‘‘(1) IN GENERAL.—As a sanction for non- that is not more than 25 percent of the total by an institution located in the United compliance with the requirements under this amount of funding received by the institu- States for the acquisition, by purchase, section, the Secretary may impose a fine on tion under this Act. lease, or barter, of property or services from an institution that in any year knowingly or ‘‘(B) ADMINISTRATIVE FAILURES.—The Sec- a foreign source; willfully violates this section, in an amount retary shall impose a fine on an institution ‘‘(2) the term ‘foreign source’ means— that is not less than $250 but not more than that fails to comply with the requirements ‘‘(A) a foreign government, including an $1,000. of this section in 3 consecutive years, in an agency of a foreign government; ‘‘(2) SECOND FAILURE.—In addition to a fine amount that is not less than $250 but not ‘‘(B) a legal entity, governmental or other- for a violation in accordance with paragraph more than the amount of the gift or contract wise, created under the laws of a foreign (1), the Secretary shall impose a fine on an with the foreign source. state or states; institution that knowingly, willfully, and re- ‘‘(C) COMPLIANCE PLAN REQUIREMENT.—An ‘‘(C) an individual who is not a citizen or a peatedly fails to comply with the require- institution that fails to file a disclosure re- national of the United States or a trust ter- ments of this section in a second consecutive port for a receipt of a gift from or contract ritory or protectorate thereof; and year in an amount that is not less than $1,000 with a foreign source in 2 consecutive years, ‘‘(D) an agent, including a subsidiary or af- but not more than $25,000. shall be required to submit a compliance filiate of a foreign legal entity, acting on be- ‘‘(3) THIRD AND ADDITIONAL FAILURES.—In plan to Secretary. half of a foreign source; addition to a fine for a violation in accord- ‘‘(g) COMPLIANCE OFFICER.—Any institution ‘‘(3) the term ‘gift’ means any gift of ance with paragraph (1) or (2), the Secretary that is required to report a gift or contract money, property, resources, staff, or serv- shall impose a fine on an institution that under this section shall designate and main- ices; knowingly, willfully, and repeatedly fails to tain a compliance officer who— ‘‘(4) the term ‘institution’ means an insti- comply with the requirements of this section ‘‘(1) shall be a current employee or legally tution of higher education, as defined in sec- in a third consecutive year, or any consecu- authorized agent of such institution; and tion 102, or, if a multicampus institution, tive year thereafter, in an amount that is ‘‘(2) shall be responsible, on behalf of the any single campus of such institution, in any not less than $25,000 but not more than institution, for compliance with the foreign State; and $50,000. gift reporting requirement under this section ‘‘(5) the term ‘restricted or conditional gift ‘‘(4) ADMINISTRATIVE FAILURES.—The Sec- and section 124, if applicable. or contract’ means any endowment, gift, retary shall impose a fine on an institution ‘‘(h) SINGLE POINT OF CONTACT.—The Sec- grant, contract, award, present, or property that fails in 3 consecutive years to comply retary shall maintain a single point of con- of any kind which includes provisions re- with the requirements of this section in an tact to— garding— amount that is not less than $250 but not ‘‘(1) receive and respond to inquiries and ‘‘(A) the employment, assignment, or ter- more than $25,000. requests for technical assistance from insti- mination of faculty; ‘‘(5) COMPLIANCE PLAN REQUIREMENT.—An tutions of higher education regarding com- ‘‘(B) the establishment of departments, institution that fails to comply with the re- pliance with the requirements of this sec- centers, institutes, instructional programs, quirements under this section for 2 consecu- tion; and research or lecture programs, or new faculty tive years shall be required to submit a com- ‘‘(2) coordinate the disclosure of informa- positions; pliance plan to the Secretary. tion on the searchable database, and process ‘‘(C) the selection or admission of students; ‘‘(d) DEFINITIONS.—In this section— for modifications of disclosures and ability or ‘‘(1) the terms ‘foreign source’ and ‘gift’ to cure, as described in subsection (e). ‘‘(D) the award of grants, loans, scholar- have the meaning given the terms in section ‘‘(i) TREATMENT OF CERTAIN PAYMENTS AND ships, fellowships, or other forms of financial 117; GIFTS.— aid restricted to students of a specified coun- ‘‘(2) the term ‘contract’ means any— ‘‘(1) EXCLUSIONS.—The following shall not try, religion, sex, ethnic origin, or political ‘‘(A) agreement for the acquisition by pur- be considered a gift from a foreign source opinion.’’. chase, lease, or barter of property or services under this section: (b) POLICY REGARDING CONFLICTS OF INTER- by the foreign source, for the direct benefit ‘‘(A) Any payment of one or more elements EST FROM FOREIGN GIFTS AND CONTRACTS.— or use of either of the parties; or of a student’s cost of attendance (as defined Part B of title I of the Higher Education Act ‘‘(B) affiliation, agreement, or similar in section 472) to an institution by, or schol- of 1965 (20 U.S.C. 1011 et seq.) is amended by transaction with a foreign source based on arship from, a foreign source who is a nat- adding at the end the following: the use or exchange of the name, likeness, ural person, acting in their individual capac- ‘‘SEC. 124. INSTITUTIONAL POLICY REGARDING time, services, or resources of faculty, pro- ity and not as an agent for, at the request or FOREIGN GIFTS AND CONTRACTS TO fessional staff, and other staff engaged in redirection of, or on behalf of, any person or FACULTY AND STAFF. search and development (as determined by entity (except the student), made on behalf ‘‘(a) REQUIREMENT TO MAINTAIN POLICY AND the institution); and of no more than 15 students that is not made DATABASE.—Each institution of higher edu- ‘‘(3) the term ‘professional staff’ means under contract with such foreign source, ex- cation described in subsection (b) shall— professional employees, as defined in section cept for the agreement between the institu- ‘‘(1) maintain a policy requiring faculty, 3 of the Fair Labor Standards Act of 1938 (29 tion and such student covering one or more professional staff, and other staff engaged in U.S.C. 203).’’. elements of such student’s cost of attend- research and development (as determined by (c) REGULATIONS.— ance. the institution) employed at such institution (1) IN GENERAL.—Not later than 1 year after ‘‘(B) Assignment or license of registered in- to disclose to such institution any gifts re- the date of enactment of this Act, the Sec- dustrial and intellectual property rights, ceived from, or contracts entered into with, retary of Education shall begin the nego- such as patents, utility models, trademarks, a foreign source; tiated rulemaking process under section 492 or copyrights, or technical assistance, that ‘‘(2) maintain a searchable database of in- of the Higher Education Act of 1965 (20 U.S.C. are not identified as being associated with a formation disclosed in paragraph (1) for the 1098a) to carry out the amendments made by national security risk or concern by the Fed- previous five years, except an institution subsections (a) and (b). eral Research Security Council as described shall not be required to include in the data- (2) ISSUES.—Regulations issued pursuant to under section 7902 of title 31, United States base gifts or contracts received or entered paragraph (1) to carry out the amendment

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00180 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2733 made by subsection (a) shall, at a minimum, level so established for the year ending Sep- underserved populations, women, and mem- address the following issues: tember 30, 2021. bers of minority groups; (A) Instructions on reporting structured ‘‘(2) As soon as practicable, but not later (E) the concentration of venture capital in gifts and contracts. than January 31 of each year, the Federal only a few cities; (B) The inclusion in institutional reports Trade Commission shall publish the adjusted (F) record levels of student debt; and of gifts received from, and contracts entered amounts required by paragraph (1). (G) inefficiencies or other difficulties relat- into with, foreign sources by entities and or- ‘‘(3) The Federal Trade Commission shall ing to the commercialization of federally ganizations, such as research foundations, not adjust amounts required by paragraph (1) funded research and innovation. that operate substantially for the benefit or if the percentage increase described in para- (c) ASSESSMENT AND ANALYSIS.— under the auspices of the institution. graph (1) is less than 1 percent. (1) ASSESSMENT AND ANALYSIS REQUIRED.— (C) Procedures to protect confidential or ‘‘(4) An amount adjusted under this section Not later than 2 years after the date of en- proprietary information included in gifts and shall be rounded to the nearest multiple of actment of this Act, the Secretary, in con- contracts. $5,000.’’. sultation with the Director of the Bureau of (D) The alignment of such regulations with SEC. 6203. AUTHORIZATION OF APPROPRIATIONS. the Census and the Director of the Bureau of the reporting and disclosure of foreign gifts There is authorized to be appropriated for Economic Analysis of the Department of or contracts required by other Federal agen- fiscal year 2022— Commerce, shall conduct an assessment and cies. (1) $252,000,000 for the Antitrust Division of analysis regarding the reasons for the state (E) The treatment of foreign gifts or con- the Department of Justice; and of the formation of new United States busi- tracts involving research or technologies (2) $418,000,000 for the Federal Trade Com- nesses during a period— identified as being associated with a na- mission. (A) that the Secretary determines appropriate based on the data described in para- tional security risk or concern by the Fed- TITLE III—MISCELLANEOUS eral Research Security Council as described graph (2)(A)(i); and SEC. 6301. ENHANCING ENTREPRENEURSHIP FOR (B) ending on the date on which the assess- under section 7902 of title 31, United States THE 21ST CENTURY. Code, as added by section 4493 of this Act. ment and analysis is conducted. (a) DEFINITIONS.—In this section: (2) CONSIDERATIONS AND CONSULTATION.— (3) EFFECTIVE DATE.—The amendments (1) APPROPRIATE COMMITTEES OF CON- made by subsections (a) and (b) shall take ef- (A) IN GENERAL.—In conducting the assess- GRESS.—The term ‘‘appropriate committees ment and analysis required under paragraph fect on the date on which the regulations of Congress’’ means— issued under paragraph (1) take effect. (1), the Secretary shall— (A) the Committee on Commerce, Science, (i) notwithstanding any other provision of TITLE II—COMMITTEE ON THE JUDICIARY and Transportation of the Senate; and Federal law, and subject to subparagraph PROVISIONS (B) the Committee on Energy and Com- (B), review data collected and maintained SEC. 6201. SHORT TITLE. merce of the House of Representatives. by— This title may be cited as the ‘‘Merger Fil- (2) ENTREPRENEUR.—The term ‘‘entre- (I) the Bureau of the Census; ing Fee Modernization Act of 2021’’. preneur’’ means an individual who founded, (II) the Bureau of Economic Analysis; SEC. 6202. PREMERGER NOTIFICATION FILING or is a member of a group that founded, a (III) the Bureau of Labor Statistics; FEES. United States business. (IV) the Small Business Administration; Section 605 of Public Law 101–162 (15 U.S.C. (3) SECRETARY.—The term ‘‘Secretary’’ (V) the Department of the Treasury; 18a note) is amended— means the Secretary of Commerce. (VI) the Board of Governors of the Federal (1) in subsection (b)— (4) UNITED STATES BUSINESS.—The term Reserve System; and (A) in paragraph (1)— ‘‘United States business’’ means a corpora- (VII) any other Federal or State agency, or (i) by striking ‘‘$45,000’’ and inserting tion, partnership, association, joint-stock public or private sector organization, that ‘‘$30,000’’; company, business trust, unincorporated or- the Secretary determines appropriate; (ii) by striking ‘‘$100,000,000’’ and inserting ganization, or sole proprietorship that— (ii) with respect to the formation of new ‘‘$161,500,000’’; (A) has its principal place of business in United States businesses, consider the im- (iii) by striking ‘‘2004’’ and inserting the United States; or pact of— ‘‘2022’’; and (B) is organized under the laws of a State (I) demographic changes caused by an (iv) by striking ‘‘2003’’ and inserting of the United States or a territory, posses- aging workforce and slowing population ‘‘2021’’; sion, or commonwealth of the United States. growth; (B) in paragraph (2)— (b) FINDINGS.—Congress finds the fol- (II) increased industry concentration and (i) by striking ‘‘$125,000’’ and inserting lowing: whether such concentration may make it ‘‘$100,000’’; (1) Recent research has demonstrated more difficult for new market entrants to (ii) by striking ‘‘$100,000,000’’ and inserting that— compete with established companies; ‘‘$161,500,000’’; (A) new businesses (commonly referred to (III) increased risk-aversion following the (iii) by striking ‘‘but less’’ and inserting as ‘‘startups’’)— financial crisis and recession that occurred ‘‘but is less’’; and (i) are disproportionately responsible for in 2008 and 2009 and deterioration of house- (iv) by striking ‘‘and’’ at the end; the innovations that drive economic growth; hold balance sheets; (C) in paragraph (3)— and (IV) difficulties relating to access to cap- (i) by striking ‘‘$280,000’’ and inserting (ii) account for virtually all net new job ital, particularly difficulties encountered by ‘‘$250,000’’; and creation; underserved populations, women, and mem- (ii) by striking the period at the end and (B) the rate of formation of United States bers of minority groups; inserting ‘‘but is less than $1,000,000,000 (as so businesses has fallen significantly in recent (V) the concentration of venture capital in adjusted and published);’’; and years; and only a few cities; (D) by adding at the end the following: (C) as determined by widely cited research, (VI) record levels of student debt; ‘‘(4) $400,000 if the aggregate total amount the decline in the rate described in subpara- (VII) inefficiencies or other difficulties re- determined under section 7A(a)(2) of the graph (B) is occurring in all 50 States, in all lating to the commercialization of federally Clayton Act (15 U.S.C. 18a(a)(2)) is not less but a handful of 360 metro areas examined, funded research and innovation; than $1,000,000,000 (as so adjusted and pub- and across a broad range of industry sectors. (VIII) the use of federally funded research lished) but is less than $2,000,000,000 (as so ad- (2) Before policymakers can identify ways and innovation in the commercial market; justed and published); in which the decline in the rate described in (IX) regulatory burden, overlap, com- ‘‘(5) $800,000 if the aggregate total amount paragraph (1)(B) may be counteracted, the plexity, and uncertainty at the Federal and determined under section 7A(a)(2) of the underlying causes of the decline must be State levels; Clayton Act (15 U.S.C. 18a(a)(2)) is not less identified. (X) aspects of the Internal Revenue Code of than $2,000,000,000 (as so adjusted and pub- (3) Economists have identified several fac- 1986 that penalize, obstruct, or otherwise dis- lished) but is less than $5,000,000,000 (as so ad- tors that may explain the decline in the rate advantage new businesses, or investors in justed and published); and described in paragraph (1)(B), including— new businesses, relative to incumbent busi- ‘‘(6) $2,250,000 if the aggregate total (A) demographic changes caused by an nesses, or investors in incumbent businesses, amount determined under section 7A(a)(2) of aging workforce and slowing population respectively; the Clayton Act (15 U.S.C. 18a(a)(2)) is not growth; (XI) foreign-born entrepreneurs and the less than $5,000,000,000 (as so adjusted and (B) increased industry concentration that impact of those entrepreneurs on job cre- published).’’; and may make it more difficult for new market ation; and (2) by adding at the end the following: entrants to compete with established compa- (XII) any other factor that the Secretary ‘‘(c)(1) For each fiscal year commencing nies; determines appropriate; and after September 30, 2022, the filing fees in (C) increased risk-aversion following the fi- (iii) consult with— this section shall be increased each year by nancial crisis and recession that occurred in (I) the heads of any agencies and offices of an amount equal to the percentage increase, 2008 and 2009 and deterioration of household the Federal Government that the Secretary if any, in the Consumer Price Index, as de- balance sheets; determines appropriate, including— termined by the Department of Labor or its (D) difficulties relating to access to cap- (aa) the Secretary of the Treasury; successor, for the year then ended over the ital, particularly difficulties encountered by (bb) the Secretary of Labor;

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00181 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2734 CONGRESSIONAL RECORD — SENATE May 18, 2021 (cc) the Administrator of the Small Busi- review processes with maximum efficiency evaluating the progress made by the Execu- ness Administration; and effectiveness, while supporting vital eco- tive branch to expedite the permitting of ac- (dd) the Chief Counsel of the Office of Ad- nomic growth, by— tivities that will increase exploration for, vocacy of the Small Business Administra- (1) establishing and adhering to timelines and development of, domestic critical min- tion; and and schedules for the consideration of, and erals, while maintaining environmental (ee) the Board of Governors of the Federal final decisions regarding, applications, oper- standards. Reserve System; ating plans, leases, licenses, permits, and (f) ANNUAL REPORTS.—Not later than the (II) entrepreneurs, including entrepreneurs other use authorizations for critical mineral- date on which the President submits the who are women or members of minority related activities on Federal land; first budget of the President under section groups, and especially entrepreneurs who (2) establishing clear, quantifiable, and 1105 of title 31, United States Code, after founded United States businesses that expe- temporal permitting performance goals and publication of the performance metric re- rienced rapid growth; and tracking progress against those goals; quired under subsection (e), and annually (III) representatives from consumer, com- (3) engaging in early collaboration among thereafter, the Secretaries shall submit to munity, and entrepreneurship advocacy or- agencies, project sponsors, and affected Congress a report that— ganizations. stakeholders— (1) summarizes the implementation of rec- (B) CONFIDENTIALITY.—With respect to data (A) to incorporate and address the inter- ommendations, measures, and options identi- reviewed by the Secretary under subpara- ests of those parties; and fied in paragraphs (1) and (2) of subsection graph (A)(i), the Secretary shall ensure that (B) to minimize delays; (d); the data is subject to the same confiden- (4) ensuring transparency and account- (2) using the performance metric developed tiality requirements and protections as the ability by using cost-effective information under subsection (e), describes progress made confidentiality requirements and protections technology to collect and disseminate infor- by the Executive branch, as compared to the of the agency or entity, as applicable, pro- mation regarding individual projects and baseline developed pursuant to subsection viding the data. agency performance; (d)(3), in expediting the permitting of activi- (3) REPORT.—The Secretary shall submit to (5) engaging in early and active consulta- ties that will increase exploration for, and the appropriate committees of Congress a re- tion with State, local, and Tribal govern- development of, domestic critical minerals; port regarding the findings of the Secretary ments— and with respect to the assessment and analysis (A) to avoid conflicts or duplication of ef- (3) compares the United States to other conducted under paragraph (1). fort; countries in terms of permitting efficiency (B) to resolve concerns; and and any other criteria relevant to the glob- SA 1503. Ms. MURKOWSKI (for her- (C) to allow for concurrent, rather than se- ally competitive critical minerals industry. self, Mr. RISCH, Mr. CRAMER, Mrs. CAP- quential, reviews; (g) INDIVIDUAL PROJECTS.—Each year, (6) providing demonstrable improvements using data contained in the reports sub- ITO, Mr. TILLIS, Mr. SULLIVAN, Mr. in the performance of Federal permitting mitted under subsection (f), the Director of MANCHIN, Mr. DAINES, Mr. LANKFORD, and review processes, including lower costs the Office of Management and Budget shall and Ms. SINEMA) submitted an amend- and more timely decisions; prioritize inclusion of individual critical ment intended to be proposed to (7) expanding and institutionalizing Fed- mineral projects on the website operated by amendment SA 1502 proposed by Mr. eral permitting and review process improve- the Office of Management and Budget in ac- SCHUMER to the bill S. 1260, to establish ments that have proven effective; cordance with section 1122 of title 31, United a new Directorate for Technology and (8) developing mechanisms to better com- States Code. municate priorities and resolve disputes Innovation in the National Science SA 1504. Mr. JOHNSON (for himself Foundation, to establish a regional among agencies at the national, regional, State, and local levels; and and Mr. COTTON) submitted an amend- technology hub program, to require a (9) developing other practices, such as ment intended to be proposed to strategy and report on economic secu- preapplication procedures. amendment SA 1502 proposed by Mr. rity, science, research, innovation, (d) REVIEW AND REPORT.—Not later than 1 SCHUMER to the bill S. 1260, to establish manufacturing, and job creation, to es- year after the date of enactment of this Act, a new Directorate for Technology and tablish a critical supply chain resil- the Secretaries shall submit to Congress a report that— Innovation in the National Science iency program, and for other purposes; Foundation, to establish a regional which was ordered to lie on the table; (1) identifies additional measures, including regulatory and legislative proposals, if technology hub program, to require a as follows: appropriate, that would increase the timeli- strategy and report on economic secu- At the appropriate place, insert the fol- ness of permitting activities for the explo- rity, science, research, innovation, lowing: ration and development of domestic critical manufacturing, and job creation, to es- SEC. llll. CRITICAL MINERALS SUPPLY minerals; tablish a critical supply chain resil- CHAINS AND RELIABILITY. (2) identifies options, including cost recov- iency program, and for other purposes; (a) DEFINITION OF CRITICAL MINERAL.—In ery paid by permit applicants, for ensuring this section, the term ‘‘critical mineral’’ has adequate staffing and training of Federal en- which was ordered to lie on the table; the meaning given the term in section 7002(a) tities and personnel responsible for the con- as follows: of the Energy Act of 2020 (30 U.S.C. 1606(a)). sideration of applications, operating plans, At the appropriate place in division F, in- (b) SENSE OF CONGRESS.—It is the sense of leases, licenses, permits, and other use au- sert the following: Congress that— thorizations for critical mineral-related ac- SEC. ll. FENTANYL-RELATED SUBSTANCES. (1) critical minerals are fundamental to tivities on Federal land; (a) AMENDMENTS.—Section 202(c) of the the economy, competitiveness, and security (3) quantifies the period of time typically Controlled Substances Act (21 U.S.C. 812(c)) of the United States; required to complete each step associated is amended— (2) many critical minerals are only eco- with the development and processing of ap- (1) by adding at the end of subsection (b) of nomic to recover when combined with the plications, operating plans, leases, licenses, Schedule I the following: production of a host mineral; permits, and other use authorizations for ‘‘(23) Isobutyryl fentanyl. (3) to the maximum extent practicable, the critical mineral-related activities on Federal ‘‘(24) Para-Methoxybutyrylfentanyl. critical mineral needs of the United States land, including by— ‘‘(25) Valeryl fentanyl. should be satisfied by minerals responsibly (A) calculating the range, the mean, the ‘‘(26) Cyclopentyl fentanyl. produced and recycled in the United States; median, the variance, and other statistical ‘‘(27) Para-Chloroisobutyryl fentanyl.’’; and measures or representations of the period of and (4) the Federal permitting process has been time; and (2) by adding at the end of Schedule I the identified as an impediment to mineral pro- (B) taking into account other aspects that following: duction and the mineral security of the affect the period of time that are outside the ‘‘(e)(1) Unless specifically exempted or un- United States. control of the Executive branch, such as ju- less listed in another schedule, any material, (c) FEDERAL PERMITTING AND REVIEW PER- dicial review, applicant decisions, or State compound, mixture, or preparation which FORMANCE IMPROVEMENTS.—To improve the and local government involvement; and contains any quantity of fentanyl-related quality and timeliness of Federal permitting (4) describes actions carried out pursuant substances, or which contains their salts, and review processes with respect to critical to subsection (c). isomers, and salts of isomers whenever the mineral production on Federal land, the Sec- (e) PERFORMANCE METRIC.—Not later than existence of such salts, isomers, and salts of retary of the Interior, acting through the Di- 90 days after the date of submission of the isomers is possible within the specific chem- rector of the Bureau of Land Management, report under subsection (d), and after pro- ical designation. and the Secretary of Agriculture, acting viding public notice and an opportunity to ‘‘(2) In paragraph (1), the term ‘fentanyl-re- through the Chief of the Forest Service (re- comment, the Secretaries, using as a base- lated substances’ includes the following: ferred to in this section as the ‘‘Secre- line the period of time quantified under ‘‘(A) Any substance that is structurally re- taries’’), to the maximum extent practicable, paragraph (3) of that subsection, shall de- lated to fentanyl by one or more of the fol- shall complete the Federal permitting and velop and publish a performance metric for lowing modifications:

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00182 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2735 ‘‘(i) By replacement of the phenyl portion Subtitle C—Protecting Innovators and ‘‘(II) the government of any other country of the phenethyl group by any monocycle, Consumers that has facilitated the use of forced labor in whether or not further substituted in or on Sec. 7121. Technical and legal support for ad- the country described in subclause (I); the monocycle. dressing intellectual property ‘‘(ii) the ranking of the governments de- ‘‘(ii) By substitution in or on the rights infringement cases. scribed in clause (i) in the most recent report phenethyl group with alkyl, alkenyl, alkoxy, Sec. 7122. Improvement of anti-counter- on trafficking in persons required by section hydroxy, halo, haloalkyl, amino or nitro feiting measures. 110(b)(1) of the Trafficking Victims Protec- groups. Subtitle D—Ensuring a Level Playing Field tion Act of 2000 (22 U.S.C. 7107(b)(1)); ‘‘(iii) By substitution in or on the piper- ‘‘(iii) whether the good involved in the al- Sec. 7131. Report on manner and extent to idine ring with alkyl, alkenyl, alkoxy, ester, leged instance of forced labor is included in which the Government of the ether, hydroxy, halo, haloalkyl, amino or the most recent list of goods produced by People’s Republic of China ex- nitro groups. child labor or forced labor required by sec- ploits Hong Kong to circumvent ‘‘(iv) By replacement of the aniline ring tion 105(b)(1)(2)(C) of the Trafficking Victims United States laws and protec- with any aromatic monocycle whether or not Protection Reauthorization Act of 2005 (22 tions. U.S.C. 7112(b)(2)(C)); and further substituted in or on the aromatic Sec. 7132. Assessment of overcapacity of in- monocycle. ‘‘(iv) the effect taking action with respect dustries in the People’s Repub- to the alleged instance of forced labor would ‘‘(v) By replacement of the N-propionyl lic of China. group by another acyl group. have in eradicating forced labor from the ‘‘(B) 4′-Methyl acetyl fentanyl. TITLE II—IMPROVING TRANSPARENCY supply chain of the United States. ‘‘(C) Crotonyl fentanyl. AND ADMINISTRATION OF TRADE PRO- ‘‘(3) QUARTERLY BRIEFINGS REQUIRED.—Not ‘‘(D) 2′-Fluoro ortho-fluorofentanyl. GRAMS AND OVERSIGHT AND AC- less frequently than every 90 days, the ‘‘(E) Ortho-Methyl acetylfentanyl. COUNTABILITY OF TRADE AGENCIES Forced Labor Division shall provide briefings ‘‘(F) Thiofuranyl fentanyl. Sec. 7201. Enhanced congressional oversight to the Committee on Finance of the Senate ‘‘(G) Ortho-Fluorobutyryl fentanyl. of the United States Trade Rep- and the Committee on Ways and Means of ‘‘(H) Ortho-Fluoroacryl fentanyl. resentative and the Department the House of Representatives regarding— ‘‘(I) Beta-Methyl fentanyl. of Commerce. ‘‘(A) allegations received under paragraph ‘‘(J) Phenyl fentanyl. Sec. 7202. Authority of U.S. Customs and (1); ‘‘(K) Para-Methylfentanyl. Border Protection to consoli- ‘‘(B) the prioritization of investigations of ‘‘(L) Beta′-Phenyl fentanyl. date, modify, or reorganize cus- such allegations under paragraph (2); and ‘‘(M) Benzodioxole fentanyl.’’. toms revenue functions. ‘‘(C) progress made toward— Sec. 7203. Protection from public disclosure ‘‘(i) issuing withhold release orders for (b) EFFECTIVE DATE.—This section shall take effect 1 day after the date of enactment of personally identifiable infor- goods, wares, articles, or merchandise mined, of this Act. mation contained in manifests. produced, or manufactured using forced --- TITLE III—AUTHORIZATION OF labor; and APPROPRIATIONS ‘‘(ii) making findings in and closing inves- SA 1505. Mr. WYDEN (for himself and Sec. 7301. Authorization of additional appro- tigations conducted under paragraph (1).’’. Mr. SCHUMER) submitted an amend- priations. SEC. 7102. PREVENTING IMPORTATION OF SEA- ment intended to be proposed to FOOD AND SEAFOOD PRODUCTS SEC. 7002. APPROPRIATE CONGRESSIONAL COM- amendment SA 1502 proposed by Mr. HARVESTED OR PRODUCED USING MITTEES DEFINED. FORCED LABOR. SCHUMER to the bill S. 1260, to establish In this division, the term ‘‘appropriate (a) DEFINITIONS.—In this section: a new Directorate for Technology and congressional committees’’ means the Com- (1) CHILD LABOR.—The term ‘‘child labor’’ Innovation in the National Science mittee on Finance of the Senate and the has the meaning given the term ‘‘worst Foundation, to establish a regional Committee on Ways and Means of the House forms of child labor’’ in section 507 of the technology hub program, to require a of Representatives. Trade Act of 1974 (19 U.S.C. 2467). strategy and report on economic secu- TITLE I—TRADING CONSISTENT WITH (2) FORCED LABOR.—The term ‘‘forced rity, science, research, innovation, AMERICAN VALUES labor’’ has the meaning given that term in manufacturing, and job creation, to es- Subtitle A—Preventing Importation of Goods section 307 of the Tariff Act of 1930 (19 U.S.C. tablish a critical supply chain resil- Produced by Forced Labor 1307). (3) HUMAN TRAFFICKING.—The term ‘‘human iency program, and for other purposes; SEC. 7101. INVESTIGATIONS OF ALLEGATIONS OF GOODS PRODUCED BY FORCED trafficking’’ has the meaning given the term which was ordered to lie on the table; LABOR. ‘‘severe forms of trafficking in persons’’ in as follows: Section 307 of the Tariff Act of 1930 (19 section 103 of the Trafficking Victims Pro- At the end, add the following: U.S.C. 1307) is amended— tection Act of 2000 (22 U.S.C. 7102). (1) by striking ‘‘All’’ and inserting the fol- (4) SEAFOOD.—The term ‘‘seafood’’ means DIVISION G—COMPETES ACT lowing: fish, shellfish, processed fish, fish meal, SEC. 7001. SHORT TITLE; TABLE OF CONTENTS. ‘‘(a) IN GENERAL.—All’’; shellfish products, and all other forms of ma- (a) SHORT TITLE.—This division may be (2) by striking ‘‘ ‘Forced labor’, as herein rine animal and plant life other than marine cited as the ‘‘Combating Oppressive and Ma- used, shall mean’’ and inserting the fol- mammals and birds. nipulative Policies that Endanger Trade and lowing: (5) SECRETARY.—The term ‘‘Secretary’’ Economic Security Act of 2021’’ or the ‘‘(c) FORCED LABOR DEFINED.—In this sec- means the Secretary of Commerce, acting ‘‘COMPETES Act’’. tion, the term ‘forced labor’ means’’; and through the Administrator of the National (3) by inserting after subsection (a), as des- (b) TABLE OF CONTENTS.—The table of con- Oceanic and Atmospheric Administration. (b) FORCED LABOR IN FISHING.— tents for this division is as follows: ignated by paragraph (1), the following: ‘‘(b) FORCED LABOR DIVISION.— (1) RULEMAKING.—Not later than one year Sec. 7001. Short title; table of contents. ‘‘(1) IN GENERAL.—There is established in after the date of the enactment of this Act, Sec. 7002. Appropriate congressional com- the Office of Trade of U.S. Customs and Bor- the Commissioner of U.S. Customs and Bor- mittees defined. der Protection a Forced Labor Division, der Protection, in coordination with the Sec- TITLE I—TRADING CONSISTENT WITH which shall— retary, shall issue regulations regarding the AMERICAN VALUES ‘‘(A) receive and investigate allegations of verification of seafood imports to ensure goods, wares, articles, or merchandise mined, that no seafood or seafood product harvested Subtitle A—Preventing Importation of produced, or manufactured using forced or produced using forced labor is entered Goods Produced by Forced Labor labor; and into the United States in violation of section Sec. 7101. Investigations of allegations of ‘‘(B) coordinate with other agencies to en- 307 of the Tariff Act of 1930 (19 U.S.C. 1307). goods produced by forced labor. force the prohibition under subsection (a). (2) STRATEGY.—The Commissioner of U.S. Sec. 7102. Preventing importation of seafood ‘‘(2) PRIORITIZATION OF INVESTIGATIONS.—In Customs and Border Protection, in coordina- and seafood products harvested prioritizing investigations under paragraph tion with the Secretary and the Secretary of or produced using forced labor. (1)(A), the Forced Labor Division shall— the department in which the Coast Guard is ‘‘(A) consult closely with the Bureau of operating, shall— Subtitle B—Addressing Censorship and International Labor Affairs of the Depart- (A) develop a strategy for using data col- Barriers to Digital Trade ment of Labor and the Office to Monitor and lected under Seafood Import Monitoring Pro- Sec. 7111. Censorship as a trade barrier. Combat Trafficking in Persons of the De- gram to identify seafood imports at risk of Sec. 7112. Investigation of censorship and partment of State; and being harvested or produced using forced barriers to digital trade. ‘‘(B) take into account— labor; and Sec. 7113. Expedited investigation of dis- ‘‘(i) the complicity of— (B) publish information regarding the criminatory digital trade meas- ‘‘(I) the government of the foreign county strategy developed under subparagraph (A) ures proposed by major trading in which the instance of forced labor is al- on the website of U.S. Customs and Border partners of the United States. leged to have occurred; and Protection.

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(c) INTERNATIONAL ENGAGEMENT.—The the semiannual report submitted to Congress barriers to the provision of domestic digital United States Trade Representative, in co- under section 309(3) a detailed explanation of services, by the government of a foreign ordination with the Secretary of Commerce, the reasons for the revocation under sub- country that— shall engage with interested countries re- paragraph (A) of the identification of any ‘‘(A) precludes competition by conferring garding the development of compatible and foreign country as a priority foreign country special benefits on domestic entities or im- effective seafood tracking and sustainability under paragraph (1) during the period cov- posing discriminatory burdens on foreign en- plans in order to— ered by the report. tities; (1) identify best practices; ‘‘(d) REFERRAL TO ATTORNEY GENERAL OR ‘‘(B) provides inconsistent or unfair mar- (2) coordinate regarding data sharing; INVESTIGATION.—If the Trade Representative ket access to United States persons; (3) reduce barriers to trade in fairly grown identifies an instance in which a foreign ‘‘(C) requires censorship of content that or harvested fish; and country designated as a priority foreign originates in the United States; or (4) end the trade in products that— country under subsection (c) has successfully ‘‘(D) requires extrajudicial data access that (A) are harvested or produced using illegal, pressured an online service provider to in- disadvantages United States persons.’’. unregulated, or unreported fishing, human hibit free speech in the United States, the (b) AUTHORIZED ACTION.—Subsection (c) of trafficking, or forced labor; or Trade Representative shall— such section is amended by adding at the end (B) pose a risk of fraud. ‘‘(1) submit to Committee on Finance of the following: ‘‘(7) In the case of an act, policy, or prac- Subtitle B—Addressing Censorship and the Senate and the Committee on Ways and Means of the House of Representatives a re- tice described in paragraph (2) of subsection Barriers to Digital Trade (b) by the government of a foreign country port detailing the precise circumstances of SEC. 7111. CENSORSHIP AS A TRADE BARRIER. that is determined to be unreasonable under the instance, including the actions taken by (a) IN GENERAL.—Chapter 8 of title I of the paragraph (1) of that subsection, the Trade the foreign country and the online service Trade Act of 1974 (19 U.S.C. 2241 et seq.) is Representative may direct the blocking of provider; amended by adding at the end the following: access from that country to data from the ‘‘(2) if the online service provider is under ‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT United States to address the lack of recip- the jurisdiction of the United States, refer DISRUPT DIGITAL TRADE. rocal market access or parallel data flows.’’. the instance to the Attorney General; and ‘‘(a) IN GENERAL.—Not later than 60 days (c) CONFORMING AMENDMENT.—Section after the date on which the National Trade ‘‘(3) if appropriate, initiate an investiga- 304(a)(1)(A)(ii) of the Trade Act of 1974 (19 Estimate is submitted under section 181(b), tion under section 302 and impose a remedy U.S.C. 2414(a)(1)(A)(ii)) is amended by strik- the United States Trade Representative (in under section 301(c). ing ‘‘(b)(1)’’ and inserting ‘‘(b)(1)(A)’’. this section referred to as the ‘Trade Rep- ‘‘(e) PUBLICATION.—The Trade Representa- SEC. 7113. EXPEDITED INVESTIGATION OF DIS- resentative’) shall identify, in accordance tive shall publish in the Federal Register a CRIMINATORY DIGITAL TRADE with subsection (b), foreign countries that list of foreign countries identified under sub- MEASURES PROPOSED BY MAJOR TRADING PARTNERS OF THE are trading partners of the United States section (a) and foreign countries designated as priority foreign countries under sub- UNITED STATES. that engage in acts, policies, or practices (a) INVESTIGATION OF PROPOSALS.— that disrupt digital trade activities, includ- section (c) and shall make such revisions to the list as may be required by reason of ac- (1) IN GENERAL.—Not later than 90 days ing— after the date of the enactment of this Act, ‘‘(1) coerced censorship in their own mar- tion under subsection (c)(2). ‘‘(f) ANNUAL REPORT.—Not later than 30 the United States Trade Representative shall kets or extraterritorially; and initiate an investigation regarding any dis- ‘‘(2) other eCommerce or digital practices days after the date on which the Trade Rep- resentative submits the National Trade Esti- criminatory digital trade legislative or regu- with the goal, or substantial effect, of pro- latory proposals by major trading partners moting censorship or extrajudicial data ac- mate under section 181(b), the Trade Rep- resentative shall submit to the Committee of the United States. cess that disadvantages United States per- (2) ELEMENTS.—The investigation required sons. on Finance of the Senate and the Committee on Ways and Means of the House of Rep- by paragraph (1) shall include an investiga- ‘‘(b) REQUIREMENTS FOR IDENTIFICATIONS.— tion of any proposed digital trade measure In identifying countries under subsection (a), resentatives a report on actions taken under this section during the one-year period pre- that discriminates by targeting United the Trade Representative shall identify only States entities, whether by law or in effect, foreign countries that— ceding that report, and the reasons for those actions, including— including by— ‘‘(1) disrupt digital trade in a discrimina- (A) requiring additional regulatory, report- tory or trade distorting manner with the ‘‘(1) a list of any foreign countries identified under subsection (a); and ing, or other obligations,; goal, or substantial effect, of promoting cen- (B) requiring re-engineering or separation sorship or extrajudicial data access; ‘‘(2) a description of progress made in decreasing disruptions to digital trade.’’. of integrated products; ‘‘(2) deny fair and equitable market access (C) creating due process concerns; to digital service providers that are United (b) INVESTIGATIONS UNDER TITLE III OF THE TRADE ACT OF 1974.—Section 302(b)(2) of the (D) requiring the sharing of data, intellec- States persons with the goal, or substantial tual property, trade secrets, or confidential effect, of promoting censorship or Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended— business information in a manner accessible extrajudicial data access; or to entities in competition with United ‘‘(3) engage in coerced censorship or (1) in subparagraph (A), in the matter preceding clause (i), by inserting ‘‘or designated States entities; extrajudicial data access so as to harm the (E) undermining privacy for consumers or integrity of services or products provided by as a priority foreign country under section 183(c)’’ after ‘‘section 182(a)(2)’’; and users or creating serious concerns regarding United States persons in the market of that the provision of sensitive data to foreign country, the United States market, or other (2) in subparagraph (D), by striking ‘‘by reason of subparagraph (A)’’ and inserting governments; or markets. (F) being otherwise detrimental to the ‘‘(c) DESIGNATION OF PRIORITY FOREIGN ‘‘with respect to a country identified under section 182(a)(2)’’. trade in digital goods or services by United COUNTRIES.— States entities, as determined by the Trade ‘‘(1) IN GENERAL.—The Trade Representa- (c) CLERICAL AMENDMENT.—The table of contents for the Trade Act of 1974 is amended Representative. tive shall designate as priority foreign coun- (b) DETERMINATION.—Not later than 180 by inserting after the item relating to sec- tries the foreign countries identified under days after the date of the enactment of this tion 182 the following: subsection (a) that— Act the Trade Representative shall, pursuant ‘‘(A) engage in the most onerous or egre- ‘‘Sec. 183. Identification of countries that to the investigation required under sub- gious acts, policies, or practices that have disrupt digital trade.’’. section (a)(1)— the greatest impact on the United States; SEC. 7112. INVESTIGATION OF CENSORSHIP AND (1) determine whether— and BARRIERS TO DIGITAL TRADE. (A) the rights to which the United States is ‘‘(B) are not negotiating or otherwise mak- (a) IN GENERAL.—Subsection (b) of section entitled under any trade agreement will be ing progress to end those acts, policies, or 301 of the Trade Act of 1974 (19 U.S.C. 2411) is denied if a proposed digital trade legislative practices. amended— or regulatory measure described in that sub- ‘‘(2) REVOCATIONS AND ADDITIONAL IDENTI- (1) by redesignating paragraphs (1) and (2) section is finalized; or FICATIONS.— as subparagraphs (A) and (B), respectively; (B) any act, policy, or practice described in ‘‘(A) IN GENERAL.—The Trade Representa- (2) in the matter preceding subparagraph subsection (a)(1)(B) or (b)(1) of section 301 of tive may at any time, if information avail- (A), as redesignated by paragraph (1), by to the Trade Act of 1974 (19 U.S.C. 2411) will able to the Trade Representative indicates striking ‘‘If the Trade Representative’’ and exist if the proposed measure is finalized; that such action is appropriate— inserting ‘‘(1) If the Trade Representative’’; and ‘‘(i) revoke the identification of any for- (3) by adding at the end the following: (2) brief the Committee on Finance of the eign country as a priority foreign country ‘‘(2) For purposes of paragraph (1), an act, Senate and the Committee on Ways and under paragraph (1); or policy, or practice that is unreasonable in- Means of the House of Representatives re- ‘‘(ii) identify any foreign country as a pri- cludes any act, policy, or practice, or any garding the results of the investigation re- ority foreign country under that paragraph. combination of acts, policies, or practices, quired under subsection (a)(1). ‘‘(B) REPORT ON REASONS FOR REVOCATION.— that denies fair and equitable market oppor- (c) NEGOTIATION WITH MAJOR TRADING The Trade Representative shall include in tunities, including through censorship or PARTNERS.—If the Trade Representative

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00184 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.030 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2737 makes an affirmative determination under within the United States, including a foreign Subtitle D—Ensuring a Level Playing Field subsection (b)(1) with respect to a digital branch of such an entity. SEC. 7131. REPORT ON MANNER AND EXTENT TO trade legislative or regulatory measure de- WHICH THE GOVERNMENT OF THE SEC. 7122. IMPROVEMENT OF ANTI-COUNTER- scribed in subsection (a)(1) proposed by a PEOPLE’S REPUBLIC OF CHINA EX- FEITING MEASURES. major trading partner of the United States, PLOITS HONG KONG TO CIR- the Trade Representative shall discuss that (a) INCREASED INSPECTIONS.— CUMVENT UNITED STATES LAWS determination with the major trading part- (1) REPORT ON SEIZURES OF COUNTERFEIT AND PROTECTIONS. ner, if the measure continues to be proposed, GOODS.—Not later than one year after the Title III of the United States–Hong Kong with the objective of eliminating the meas- date of the enactment of this Act, and annu- Policy Act of 1992 (22 U.S.C. 5731 et seq.) is ure and any act, policy, or practice in con- ally thereafter, the Commissioner of U.S. amended by adding at the end the following: nection with that measure. Customs and Border Protection shall submit ‘‘SEC. 303. REPORT ON MANNER AND EXTENT TO (d) ACTION UPON IMPLEMENTATION OF MEAS- to the Committee on Finance of the Senate WHICH THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA EX- URES.— and the Committee on Ways and Means of the House of Representatives a report on sei- PLOITS HONG KONG TO CIR- (1) IN GENERAL.—Upon the implementation CUMVENT UNITED STATES LAWS by a major trading partner of the United zures by U.S. Customs and Border Protection AND PROTECTIONS. States of a measure covered by an investiga- of counterfeit goods during the one-year pe- ‘‘(a) IN GENERAL.—Not later than 180 days tion under subsection (a)(1), the Trade Rep- riod preceding submission of the report, in- after the date of the enactment of this sec- resentative may initiate— cluding the number of such seizures tion, the Secretary of State and the United (A) dispute settlement procedures under a disaggregated by category of good, source States Trade Representative shall jointly trade agreement to which the United States country, and mode of transport. submit to the appropriate congressional and the major trading partner are both par- (2) INCREASED INSPECTIONS OF GOODS FROM committees a report on the manner and ex- ties; or CERTAIN COUNTRIES.—The Commissioner shall tent to which the Government of the Peo- (B) an investigation under section 301 of increase inspections of imports of goods from ple’s Republic of China uses the status of the Trade Act of 1974 (19 U.S.C. 2411), unless each source country identified in the report Hong Kong to circumvent the laws and pro- subsection (a)(2)(B) of that section applies. required by paragraph (1) as one of the top tections of the United States. (2) TIMING OF DETERMINATION.—Notwith- source countries of counterfeit goods, as de- ‘‘(b) ELEMENTS.—The report required by standing the timing requirements of section termined by the Commissioner. subsection (a) shall include the following: 302 of the Trade Act of 1974 (19 U.S.C. 2412), (b) PUBLICATION OF CRITERIA FOR NOTO- ‘‘(1) In consultation with the Secretary of if the Trade Representative initiates an in- RIOUS MARKETS LIST.—Not later than 2 years Commerce, the Secretary of Homeland Secu- vestigation under subsection (b)(1) of that after the date of the enactment of this Act, rity, and the Director of National Intel- section in connection with the implementa- and not less frequently than every 5 years ligence— tion of a measure covered by an investiga- thereafter, the United States Trade Rep- ‘‘(A) an assessment of how the Government tion under subsection (a)(1) of this section, resentative shall publish in the Federal Reg- of the People’s Republic of China uses Hong the Trade Representative shall make the de- ister criteria for determining that a market Kong to circumvent export controls of the termination required under section 304(a)(1) is a notorious market for purposes of inclu- United States; and of that Act (19 U.S.C. 2414(a)(1)) not later sion of that market in the list developed by ‘‘(B) a list of all significant incidents in than the earlier of— the Trade Representative pursuant to sec- which the Government of the People’s Re- (A) with respect to dispute settlement pro- tion 182(e) of the Trade Act of 1974 (19 U.S.C. public of China used Hong Kong to cir- cedures under a trade agreement to which 2242(e)) (commonly known as the ‘‘Notorious cumvent those controls during the reporting the United States and the major trading Markets List’’). period. partner are both parties, the date that is 30 ‘‘(2) In consultation with the Secretary of days after the date on which those proce- (c) PUBLICATION OF ACTION PLANS.— the Treasury and the Secretary of Com- dures are concluded; or (1) IN GENERAL.—Not less frequently than merce— (B) with respect to an investigation under annually, the Trade Representative shall ‘‘(A) an assessment of how the Government section 301 of that Act (19 U.S.C. 2411), the publish on an publicly available internet of the People’s Republic of China uses Hong date that is 90 days after the date on which website of the Office of the United States Kong to circumvent antidumping or counter- the investigation is initiated. Trade Representative— vailing duties and duties under section 301 of (3) TREATMENT OF OTHER REQUIREMENTS.— (A) the action plans for priority watch list the Trade Act of 1974 (19 U.S.C. 2411) on mer- Except as otherwise provided in this sub- countries under section 182(g)(1) of the Trade chandise exported to the United States from section, the Trade Representative may carry Act of 1974 (19 U.S.C. 2242(g)(1)) for that year; the People’s Republic of China; and out paragraph (1) without regard to any re- and ‘‘(B) a list of all significant incidents in quirement in any other provision of law re- (B) for each priority watch list country which the Government of the People’s Re- lating to— with respect to which such an action plan is public of China used Hong Kong to cir- (A) initiation of a case described in sub- prepared, an assessment of the progress of cumvent those duties during the reporting paragraph (A) of that paragraph or an inves- the country in meeting the benchmarks de- period. tigation described in subparagraph (B) of scribed in subparagraph (D) of that section. ‘‘(3) In consultation with the Secretary of that paragraph; or (2) PUBLIC HEARINGS.—Not less frequently the Treasury, the Secretary of Homeland Se- (B) consultations with a major trading than annually, the Trade Representative curity, and the Director of National Intel- partner in connection with such a case or in- shall hold public hearings to track the ligence— vestigation. progress of priority watch list countries in ‘‘(A) an assessment of how the Government (e) UNITED STATES ENTITY DEFINED.—In meeting the benchmarks described in sub- of the People’s Republic of China uses Hong this section, the term ‘‘United States enti- paragraph (D) of section 182(g)(1) of the Kong to circumvent sanctions imposed by ty’’ means an entity organized under the Trade Act of 1974 (19 U.S.C. 2242(g)(1)) in- the United States or pursuant to multilat- laws of the United States or of any jurisdic- cluded in their action plans under that sec- eral regimes; and tion within the United States, including a tion. ‘‘(B) a list of all significant incidents in foreign branch of such an entity. (3) PRIORITY WATCH LIST COUNTRY DE- which the Government of the People’s Re- FINED.—In this subsection, the term ‘‘pri- Subtitle C—Protecting Innovators and public of China used Hong Kong to cir- ority watch list country’’ means a country Consumers cumvent those sanctions during the report- identified under section 182(a)(2) of the Trade ing period. SEC. 7121. TECHNICAL AND LEGAL SUPPORT FOR Act of 1974 (19 U.S.C. 2242(a)(2)). ADDRESSING INTELLECTUAL PROP- ‘‘(4) In consultation with the Secretary of ERTY RIGHTS INFRINGEMENT (d) SHARING OF INFORMATION WITH RESPECT Homeland Security and the Director of Na- CASES. TO SUSPECTED VIOLATIONS OF INTELLECTUAL tional Intelligence— (a) IN GENERAL.—The head of any Federal PROPERTY RIGHTS.—Section 628A of the Tar- ‘‘(A) an assessment of how the Government agency may provide support, as requested iff Act of 1930 (19 U.S.C. 1628a) is amended— of the People’s Republic of China uses formal and appropriate, to United States persons (1) in subsection (a)(1), by inserting ‘‘, or informal means to extradite or coercively seeking technical, legal, or other support in packing materials, shipping containers,’’ move foreign nationals, including United addressing intellectual property rights in- after ‘‘its packaging’’ each place it appears; States persons, from Hong Kong to the Peo- fringement cases regarding the People’s Re- and ple’s Republic of China; and public of China. (2) in subsection (b)— ‘‘(B) a list of foreign nationals, including (b) UNITED STATES PERSON DEFINED.—In (A) in paragraph (3), by striking ‘‘; and’’ United States persons, who have been for- this section, the term ‘‘United States per- and inserting a semicolon; mally or informally extradited or coercively son’’ means— (B) in paragraph (4), by striking the period moved from Hong Kong to the People’s Re- (1) a United States citizen or an alien law- at the end and inserting ‘‘; and’’; and public of China. fully admitted for permanent residence to (C) by adding at the end the following: ‘‘(5) In consultation with the Secretary of the United States; or ‘‘(5) any other party with an interest in the Defense, the Director of National Intel- (2) an entity organized under the laws of merchandise, as determined appropriate by ligence, and the Director of Homeland Secu- the United States or of any jurisdiction the Commissioner.’’. rity—

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00185 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.030 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2738 CONGRESSIONAL RECORD — SENATE May 18, 2021 ‘‘(A) an assessment of how the intelligence, tives regarding the steps taken to address dumping or countervailing duty determina- security, and law enforcement agencies of that overcapacity, which may include— tion under title VII of the Tariff Act of 1930 the Government of the People’s Republic of (1) discussions with allies; (19 U.S. C. 1671 et seq.) that in the year pre- China, including the Ministry of State Secu- (2) negotiations at an appropriate multilat- ceding the report was subject to a remand rity, the Ministry of Public Security, and eral institution to which the United States pursuant to an order from the United States the People’s Armed Police, use the Hong is a party; and Court of International Trade or a Chapter 10 Kong Security Bureau and other security (3) bilateral negotiations with the People’s Panel under the USMCA or that was found to agencies in Hong Kong to conduct espionage Republic of China. be inconsistent with the obligations of the on foreign nationals, including United States (c) DETERMINATION OF SUBSTANTIAL REDUC- United States with the World Trade Organi- persons, conduct influence operations, or TION.—Not later than each of one year and zation. violate civil liberties guaranteed under the two years after a briefing under subsection (B) ELEMENTS.—With respect to each deter- laws of Hong Kong; and (b) with respect to a positive determination mination under subparagraph (A), the Sec- ‘‘(B) a list of all significant incidents of of overcapacity under subsection (a)(2)(A), retary of Commerce shall indicate— such espionage, influence operations, or vio- the Trade Representative shall submit to the (i) the specific statutory requirement that lations of civil liberties during the reporting Committee on Finance of the Senate and the the Court of International Trade or the period. Committee on Ways and Means of the House Chapter 10 Panel found that the Secretary ‘‘(c) FORM OF REPORT; AVAILABILITY.— of Representatives a report containing a de- failed to observe or the specific provision of ‘‘(1) FORM.—The report required by sub- termination of whether the steps taken to the WTO Agreement that a dispute settle- section (a) shall be submitted in unclassified address that overcapacity are likely to lead ment panel or Appellate Body found to have form, but may include a classified index. to a substantive reduction in that over- been breached by the determination; and ‘‘(2) AVAILABILITY.—The unclassified por- capacity. (ii) how and when the Secretary intends to tion of the report required by subsection (a) TITLE II—IMPROVING TRANSPARENCY comply with the order or obligations de- shall be posted on a publicly available inter- AND ADMINISTRATION OF TRADE PRO- scribed in subparagraph (A), as the case may net website of the Department of State. GRAMS AND OVERSIGHT AND ACCOUNT- be. ‘‘(d) DEFINITIONS.—In this section: ABILITY OF TRADE AGENCIES (2) NOTICE OF SUSPENSION OF ANTIDUMPING ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 7201. ENHANCED CONGRESSIONAL OVER- DUTY INVESTIGATION.—Section 734(b) of the TEES.—The term ‘appropriate congressional SIGHT OF THE UNITED STATES Tariff Act of 1930 (19 U.S.C. 1673c(b)) is committees’ means— TRADE REPRESENTATIVE AND THE amended— ‘‘(A) the Committee on Foreign Relations, DEPARTMENT OF COMMERCE. (A) by redesignating paragraphs (1) and (2) the Committee on Banking, Housing, and (a) UNITED STATES TRADE REPRESENTA- as subparagraphs (A) and (B) and moving Urban Affairs, the Committee on Finance, TIVE.— those two subparagraphs, as so redesignated, and the Select Committee on Intelligence of (1) PEOPLE’S REPUBLIC OF CHINA.—The two ems to the right; the Senate; and United States Trade Representative shall (B) by striking ‘‘The administering author- ‘‘(B) the Committee on Foreign Affairs, the submit to the appropriate congressional ity’’ and inserting ‘‘(1) IN GENERAL.—The ad- Committee on Financial Services, the Per- committees— ministering authority’’; and manent Select Committee on Intelligence, (A) not later than September 1, 2021, and (C) by adding at the end the following: and the Committee on Ways and Means of every 180 days thereafter for the following 2 ‘‘(2) NOTIFICATION TO CONGRESS.—The ad- the House of Representatives. years, a confidential report describing— ministering authority shall submit to Con- ‘‘(2) FOREIGN NATIONAL.—The term ‘foreign (i) the implementation of the Economic gress the text of any proposal to suspend an national’ means a person that is neither— and Trade Agreement Between the Govern- investigation under paragraph (1) not later ‘‘(A) an individual who is a citizen or na- ment of the United States of America and than 3 business days before submitting the tional of the People’s Republic of China; or the Government of China, dated January 15, proposal to an interested party.’’. ‘‘(B) an entity organized under the laws of 2020, including an identification of those pro- the People’s Republic of China or of a juris- visions in the agreement that have yet to be (c) DEFINITIONS.—In this section: diction within the People’s Republic of implemented; and (1) APPELLATE BODY; DISPUTE SETTLEMENT China. (ii) progress toward addressing the issues PANEL.—the terms ‘‘Appellate Body’’ and ‘‘(3) REPORTING PERIOD.—The term ‘report- identified in the report prepared by the ‘‘dispute settlement panel’’ have the meaning period’ means the 5-year period preceding Trade Representative dated March 22, 2018, ings given those terms in section 121 of the submission of the report required by sub- and titled, ‘‘Findings of the Investigation Uruguay Round Agreements Act (19 U.S.C. section (a). into China’s Acts, Policies, and Practices Re- 3531). ‘‘(4) UNITED STATES PERSON.—The term lated to Technology Transfer, Intellectual (2) USMCA.—The term ‘‘USMCA’’ means ‘United States person’ means— Property, and Innovation under Section 301 the Agreement between the United States of ‘‘(A) a United States citizen or an alien of the Trade Act of 1974’’; and America, the United Mexican States, and lawfully admitted for permanent residence (B) the text of any initial proposal for an Canada, which is— to the United States; or executive agreement or memorandum of un- (A) attached as an Annex to the Protocol ‘‘(B) an entity organized under the laws of derstanding with the People’s Republic of Replacing the North American Free Trade the United States or of any jurisdiction China intended to resolve an investigation Agreement with the Agreement between the within the United States, including a foreign with respect to duties under section 301 of United States of America, the United Mexi- branch of such an entity.’’. the Trade Act of 1974 (19 U.S.C. 2411) not can States, and Canada, done at Buenos SEC. 7132. ASSESSMENT OF OVERCAPACITY OF later than 3 business days before submitting Aires on November 30, 2018, as amended by INDUSTRIES IN THE PEOPLE’S RE- the proposal to any official of the People’s the Protocol of Amendment to the Agree- PUBLIC OF CHINA. Republic of China. ment Between the United States of America, (a) REPORT ON OVERCAPACITY.— (2) TRADE ENFORCEMENT TRUST FUND.—Sec- the United Mexican States, and Canada, done (1) IN GENERAL.—Not later than one year tion 611(e) of the Trade Facilitation and at Mexico City on December 10, 2019; and after the date of the enactment of this Act, Trade Enforcement Act of 2015 (19 U.S.C. (B) approved by Congress under section and annually thereafter, the United States 4405(e)) is amended— 101(a)(1) of the United States–Mexico–Canada Trade Representative, in consultation with (A) in the subsection heading, by striking Agreement Implementation Act (19 U.S.C. the Secretary of Commerce, shall submit to ‘‘REPORT’’ and inserting ‘‘REPORTS’’; 4511(a)). the Committee on Finance of the Senate and (B) by striking ‘‘Not later than’’ and in- (3) WTO AGREEMENT.—The term ‘‘WTO the Committee on Ways and Means of the serting ‘‘(1) REPORT AFTER ENTRY INTO Agreement’’ has the meaning given that House of Representatives a report on over- FORCE.—Not later than’’; and term in section 2 of the Uruguay Round capacity of industries in the People’s Repub- (C) by adding at the end the following: Agreements Act (19 U.S.C. 3501(9)). lic of China. ‘‘(2) REPORT ON USE OF FUNDS.—Not later SEC. 7202. AUTHORITY OF U.S. CUSTOMS AND (2) ELEMENTS.—The report required by than July 1 of each year, the Trade Rep- BORDER PROTECTION TO CONSOLI- paragraph (1) shall include— resentative shall submit to Congress a report DATE, MODIFY, OR REORGANIZE (A) a determination on whether over- that identifies the use of any funds from the CUSTOMS REVENUE FUNCTIONS. capacity resulting from industrial policy ex- Trust Fund during the one-year period pre- ists in any major industry in the People’s ceding the date of the report, including an (a) IN GENERAL.—Section 412 of the Home- Republic of China; and identification of the specific enforcement land Security Act of 2002 (6 U.S.C. 212(b)) is (B) a description of the effects of that over- matter for which the funds were used.’’. amended— capacity on industry in the United States. (b) DEPARTMENT OF COMMERCE.— (1) in subsection (b)— (b) BRIEFING.—Not later than 180 days after (1) ANTIDUMPING OR COUNTERVAILING DU- (A) in paragraph (1)— a positive determination of overcapacity TIES.— (i) by striking ‘‘consolidate, discontinue,’’ under subsection (a)(2)(A), the Trade Rep- (A) IN GENERAL.—Not later than July 1 of and inserting ‘‘discontinue’’; and resentative shall brief the Committee on Fi- each year, the Secretary of Commerce shall (ii) by inserting after ‘‘reduce the staffing nance of the Senate and the Committee on submit to the appropriate congressional level’’ the following: ‘‘below the optimal Ways and Means of the House of Representa- committees a report that identifies any anti- staffing level determined in the most recent

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00186 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.030 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2739 Resource Allocation Model required by sec- nology hub program, to require a strat- vehicle, from battery production to disposal, tion 301(h) of the Customs Procedural Re- egy and report on economic security, including the emissions associated with the form and Simplification Act of 1978 (19 U.S.C. science, research, innovation, manufac- electricity generated to power the vehicle 2075(h))’’; and turing, and job creation, to establish a throughout its life. (B) in paragraph (2), by inserting ‘‘, Na- critical supply chain resiliency pro- tional Account Managers’’ after ‘‘Financial SA 1509. Ms. ERNST submitted an Systems Specialists’’; and gram, and for other purposes; which amendment intended to be proposed by (2) by adding at the end the following: was ordered to lie on the table; as fol- her to the bill S. 1260, to establish a ‘‘(d) AUTHORITY TO CONSOLIDATE, MODIFY, lows: new Directorate for Technology and In- OR REORGANIZE CUSTOMS REVENUE FUNC- At the end of title V, add the following: novation in the National Science Foun- TIONS.— SEC. 5ll. PROHIBITION ON THE PURCHASE OF ‘‘(1) IN GENERAL.—The Commissioner of DOGS AND CATS FROM WET MAR- dation, to establish a regional tech- U.S. Customs and Border Protection may, KETS USING FEDERAL FUNDS. nology hub program, to require a strat- subject to subsection (b), consolidate, mod- (a) DEFINITION OF WET MARKET.—In this egy and report on economic security, ify, or reorganize customs revenue functions section, the term ‘‘wet market’’ means a science, research, innovation, manufac- delegated to the Commissioner under sub- marketplace— turing, and job creation, to establish a section (a), including by adding such func- (1) where fresh meat, fish, and live animals critical supply chain resiliency pro- tions to existing positions or establishing are bought, sold, and slaughtered; and gram, and for other purposes; which new or modifying existing job series, grades, (2) that is not regulated under any stand- titles, or classifications for personnel, and ardized sanitary or health inspection proc- was ordered to lie on the table; as fol- associated support staff, performing such esses that meet applicable standards re- lows: functions. quired for similar establishments in the At the appropriate place, insert the fol- ‘‘(2) POSITION CLASSIFICATION STANDARDS.— United States, as determined by the Sec- lowing: At the request of the Commissioner, the Di- retary of Agriculture. SEC. ll. FEDERAL RESEARCH TRANSPARENCY rector of the Office of Personnel Manage- (b) PROHIBITION.—Notwithstanding any AND ACCOUNTABILITY. ment shall establish new position classifica- other provision of law, no Federal funds (a) DEFINITIONS.—In this section— tion standards for any new positions estab- made available by any law may be used by (1) the term ‘‘agency’’ has the meaning lished by the Commissioner under paragraph the Federal Government, or any recipient of given the term in section 551 of title 5, (1).’’. the Federal funds under a contract, grant, United States Code; and (b) TECHNICAL CORRECTION.—Section subgrant, or other assistance, to purchase (2) the term ‘‘covered study’’ means any 412(a)(1) of the Homeland Security Act of from a wet market— study that— 2002 (6 U.S.C. 212(a)(1)) is amended by strik- (1) a live cat, dog, or other animal; (A) is carried out in whole or in part with ing ‘‘403(a)(1)’’ and inserting ‘‘403(1)’’. (2) a carcass, any part, or any item con- Federal funds; and SEC. 7203. PROTECTION FROM PUBLIC DISCLO- taining any part of a cat, dog, or other ani- (B) is published, presented at a conference SURE OF PERSONALLY IDENTIFI- mal; or or meeting, or otherwise made publicly ABLE INFORMATION CONTAINED IN (3) any other animal product. available. MANIFESTS. (b) PREVENTION OF DUPLICATIVE RESEARCH (a) IN GENERAL.—Paragraph (2) of section SA 1507. Ms. ERNST (for herself, Mr. 431(c) of the Tariff Act of 1930 (19 U.S.C. FUNDING.—The Director of the Office of Man- JOHNSON, and Mr. MARSHALL) sub- agement and Budget shall coordinate with 1431(c)) is amended to read as follows: mitted an amendment intended to be ‘‘(2)(A) The information listed in paragraph each agency that provides funding to entities (1) shall not be available for public disclo- proposed by her to the bill S. 1260, to to carry out research and development to es- sure if— establish a new Directorate for Tech- tablish a system to detect potential duplica- ‘‘(i) the Secretary of the Treasury makes nology and Innovation in the National tive applications for funding in order to pre- an affirmative finding on a shipment-by- Science Foundation, to establish a re- vent duplicative funding. shipment basis that disclosure is likely to gional technology hub program, to re- (c) DATABASE OF FEDERALLY FUNDED RE- SEARCH AND DEVELOPMENT.— pose a threat of personal injury or property quire a strategy and report on eco- damage; or (1) IN GENERAL.—Each agency shall include nomic security, science, research, inno- in a publicly accessible database a search- ‘‘(ii) the information is exempt under the vation, manufacturing, and job cre- provisions of section 552(b)(1) of title 5, able listing of each unclassified research and United States Code. ation, to establish a critical supply development project that is funded by the ‘‘(B) The Secretary shall ensure that any chain resiliency program, and for other agency, including a contract, grant, coopera- personally identifiable information, includ- purposes; which was ordered to lie on tive agreement, or task order. ing Social Security account numbers and the table; as follows: (2) CONTENTS.—A database described in paragraph (1) shall, with respect to each un- passport numbers, is removed from any At the appropriate place, insert the fol- classified research and development project manifest signed, produced, delivered, or elec- lowing: of an agency, contain— tronically transmitted under this section be- lll SEC. . PROHIBITION ON FEDERAL FUNDING (A) the agency component that is carrying fore access to the manifest is provided to the FOR WUHAN INSTITUTE OF VIROL- public.’’. OGY. out or providing funding or other assistance (b) EFFECTIVE DATE.—The amendment Notwithstanding any other provision of for the project; made by subsection (a) shall take effect on law, no Federal funding may be made avail- (B) the name of the project; the date that is 30 days after the date of the able to the Wuhan Institute of Virology lo- (C) an abstract or summary of the project; enactment of this Act. cated in the City of Wuhan in the People’s (D) the funding level for the project; (E) the duration of the project; TITLE III—AUTHORIZATION OF Republic of China. (F) the name of any contractor, subcon- APPROPRIATIONS SA 1508. Ms. ERNST (for herself, Mr. tractor, or grantee; SEC. 7301. AUTHORIZATION OF ADDITIONAL AP- (G) the title of any published study funded PROPRIATIONS. MARSHALL, and Mr. CORNYN) submitted by or related to the project; and (a) IN GENERAL.—There are authorized to an amendment intended to be proposed (H) expected objectives and milestones for be appropriated to the head of each agency by her to the bill S. 1260, to establish a the project. specified in subsection (b) such sums as may new Directorate for Technology and In- (3) EXISTING DATABASE.—An agency may be necessary for the agency to carry out the novation in the National Science Foun- satisfy the requirements under this sub- responsibilities of the agency under this dation, to establish a regional tech- section if the Director of the Office of Man- title. nology hub program, to require a strat- agement and Budget determines that the (b) AGENCIES SPECIFIED.—The agencies agency maintains a publicly accessible data- specified in this subsection are the following: egy and report on economic security, base, including a database operated by or (1) The Office of the United States Trade science, research, innovation, manufac- shared with another agency, that substan- Representative. turing, and job creation, to establish a tially meets the requirements of this sub- (2) The Department of Commerce. critical supply chain resiliency pro- section. (3) The Department of the Treasury. gram, and for other purposes; which EQUIREMENT FOR ACKNOWLEDGMENT IN (4) U.S. Customs and Border Protection. (d) R was ordered to lie on the table; as fol- COVERED STUDIES.—The acknowledgment lows: SA 1506. Ms. ERNST submitted an section in each covered study shall include— amendment intended to be proposed by At the end of title II of division B, add the (1) the name of each agency that provided following: funding for the covered study; her to the bill S. 1260, to establish a SEC. 2219. NSF STUDY ON ELECTRIC VEHICLE (2) the project or award number associated new Directorate for Technology and In- EMISSIONS. with the covered study; and novation in the National Science Foun- The Director shall conduct a study on the (3) an estimate of the total cost of the cov- dation, to establish a regional tech- emissions of the full lifecycle of an electric ered study.

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(e) STUDY.—Not later than 2 years after the dation or was an employee of the National CESS OF SIMPLIFIED ACQUISITION THRESH- date of enactment of this Act, the Comp- Science Foundation at any point in the 7- OLD.—(1) In carrying out the SBIR program troller General of the United States shall year period preceding the date of the ap- and the STTR program within the Depart- conduct a study and make publicly available pointment. ment of Defense, the Secretary of Defense a report, which shall— (c) ROLE.—The Auditor General appointed may use simplified acquisition procedures (1) analyze the compliance of agencies, under subsection (b) shall fulfill the role of for a contract under such program without contractors, subcontractors, and grantees internal auditor of the National Science regard to the amount of the contract. with the requirements of this section; Foundation through conducting independent ‘‘(2) Section 3571(b) of this title, and any (2) identify any obstacles that remain to review of the financial administration of the other provision of law for which the applica- prevent the public from accessing the cost National Science Foundation. bility of the provision depends on whether and findings of covered studies and other re- (d) DUTIES AND AUTHORITIES.—Subject to the amount of a contract is not greater than search and development projects funded by the authority, direction, and control of the the simplified acquisition threshold, shall agencies; and Director of the National Science Foundation, apply to a contract for which the Secretary (3) analyze efforts by agencies to prevent the Auditor General appointed under sub- uses simplified acquisition procedures by duplicative spending. section (b) shall perform such duties and ex- reason of the authority under paragraph (1) ercise such authorities as the Director may in the same manner as if the amount of the SA 1510. Ms. ERNST (for herself and prescribe, including the following: contract were not greater than the sim- Ms. SINEMA) submitted an amendment (1) Managing the day-to-day accounting plified acquisition threshold. and finance activities of the National ‘‘(3) In carrying out paragraph (1), the Sec- intended to be proposed by her to the retary shall ensure that the applicability of bill S. 1260, to establish a new Direc- Science Foundation. (2) Establishing policies, procedures, and the provisions of the Small Business Act (15 torate for Technology and Innovation requirements to ensure that all financial U.S.C. 1631 et seq.) providing for the deter- in the National Science Foundation, to statements of the National Science Founda- mination of the respective rights of the establish a regional technology hub tion are able to be audited. United States and the small business con- program, to require a strategy and re- (3) Exercising authority, direction, and cern with respect to intellectual property port on economic security, science, re- control over the financial statements of the rights, and with respect to any right to carry search, innovation, manufacturing, and National Science Foundation, including au- out follow-on research, under a funding thority to direct the provision of financial agreement under the SBIR program or the job creation, to establish a critical sup- STTR program is not affected by the use of ply chain resiliency program, and for information required for the audit. (4) Providing to Congress on a yearly basis, simplified acquisition procedures. EFINITIONS.—In this section: other purposes; which was ordered to a report of all research expenditures, grants, ‘‘(c) D ‘‘(1) The terms ‘SBIR’ and ‘STTR’ have the lie on the table; as follows: and awards, including identification of any meanings given those terms, respectively, in At the appropriate place in title V, insert foreign recipients of expenditures, grants, or section 9(e) of the Small Business Act (15 the following: awards. U.S.C. 638(e)). SEC. llll. REPEAL OF CERTAIN TIME LIMITA- (5) Evaluating and providing recommenda- ‘‘(2) The term ‘simplified acquisition proce- TIONS ON LEAVE FOR SPOUSES. tions regarding— dures’ means the simplified acquisition pro- Section 102(f) of the Family and Medical (A) indirect costs charged to grants; cedures described in section 3571 of this title. Leave Act of 1993 (29 U.S.C. 2612(f)) is re- (B) duplication and overlap in funding ‘‘(3) The term ‘simplified acquisition pealed. among different grants and other govern- threshold’ has the meaning given that term ment agencies and programs; and in section 134 of title 41.’’. SA 1511. Ms. ERNST submitted an (C) the cost effectiveness of initiatives in (b) CLERICAL AMENDMENT.—The table of amendment intended to be proposed by meeting the stated goals and missions. sections at the beginning of such chapter is her to the bill S. 1260, to establish a SA 1512. Ms. ERNST submitted an amended by striking the item relating to new Directorate for Technology and In- section 4005 and inserting the following: novation in the National Science Foun- amendment intended to be proposed by her to the bill S. 1260, to establish a ‘‘4005. SBIR and STTR programs: use of dation, to establish a regional tech- grants, cooperative agreements, nology hub program, to require a strat- new Directorate for Technology and In- and other transaction author- egy and report on economic security, novation in the National Science Foun- ity; use of simplified acquisi- science, research, innovation, manufac- dation, to establish a regional tech- tion procedures.’’. turing, and job creation, to establish a nology hub program, to require a strat- SA 1513. Ms. ERNST submitted an critical supply chain resiliency pro- egy and report on economic security, science, research, innovation, manufac- amendment intended to be proposed by gram, and for other purposes; which her to the bill S. 1260, to establish a was ordered to lie on the table; as fol- turing, and job creation, to establish a critical supply chain resiliency pro- new Directorate for Technology and In- lows: novation in the National Science Foun- At the appropriate place, insert the fol- gram, and for other purposes; which was ordered to lie on the table; as fol- dation, to establish a regional tech- lowing: nology hub program, to require a strat- SEC. ll. ESTABLISHMENT OF THE OFFICE OF lows: AUDITOR GENERAL OF THE NA- At the appropriate place, insert the fol- egy and report on economic security, TIONAL SCIENCE FOUNDATION. lowing: science, research, innovation, manufac- (a) SENSE OF CONGRESS.—It is the sense of SEC. ll. SBIR AND STTR PROGRAMS: USE OF turing, and job creation, to establish a Congress that— GRANTS, COOPERATIVE AGREE- critical supply chain resiliency pro- (1) the National Science Foundation should MENTS, AND OTHER TRANSACTION gram, and for other purposes; which pass a financial statement audit on a yearly AUTHORITY; USE OF SIMPLIFIED AC- QUISITION PROCEDURES. was ordered to lie on the table; as fol- basis; and lows: (2) the National Science Foundation should (a) IN GENERAL.—Chapter 301 of title 10, be able to demonstrate the recipients of all United States Code, as added by section 1841 At the end of title V of division B, insert appropriated money. of the William M. (Mac) Thornberry National the following: (b) APPOINTMENT.— Defense Authorization Act for Fiscal Year SEC. 25ll. ADVANCED BIOFUEL RESEARCH. (1) IN GENERAL.—There is established in the 2021 (Public Law 116–283), is amended by in- The Director shall ensure that any study of National Science Foundation an Office of serting after section 4004 the following new electric vehicles or renewable fuels funded Auditor General to be headed by an Auditor section: by the Foundation includes research on ad- General who shall be appointed from civilian ‘‘§ 4005. SBIR and STTR programs: use of vanced biofuel. life by the President, by and with the advice grants, cooperative agreements, and other and consent of the Senate, from among indi- transaction authority; use of simplified ac- SA 1514. Ms. ERNST (for herself and viduals who have— quisition procedures Ms. HASSAN) submitted an amendment (A) an extensive financial management or ‘‘(a) USE OF GRANTS, COOPERATIVE AGREE- intended to be proposed by her to the accounting background; and MENT, AND OTHER TRANSACTION AUTHORITY.— bill S. 1260, to establish a new Direc- (B) experience with successfully presenting Notwithstanding section 6303 of title 31, the torate for Technology and Innovation the financial statements of a large or com- Secretary of Defense shall provide that in the National Science Foundation, to plex organization and obtaining an unmodi- grants, cooperative agreements, and other establish a regional technology hub fied opinion on audits of such financial state- transactions authorized under section 4002 of program, to require a strategy and re- ments. this title may be used in carrying out the port on economic security, science, re- (2) INELIGIBILITY.—An individual shall not SBIR program and the STTR program within be eligible to be appointed as Auditor Gen- the Department of Defense. search, innovation, manufacturing, and eral under paragraph (1) if the individual is ‘‘(b) USE OF SIMPLIFIED ACQUISITION PROCE- job creation, to establish a critical sup- an employee of the National Science Foun- DURES FOR SBIR AND STTR CONTRACTS IN EX- ply chain resiliency program, and for

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00188 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.029 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2741 other purposes; which was ordered to respiratory protective devices), and other and job creation, to establish a critical lie on the table; as follows: medical supply manufacturers for the pur- supply chain resiliency program, and pose of incentivizing such manufacturers to At the appropriate place, insert the fol- for other purposes; which was ordered manufacture such products domestically lowing: to lie on the table; as follows: using advanced manufacturing, and to en- ll SEC. . DISCLOSURE REQUIREMENTS FOR RE- sure that the Nation is able to retain or ac- At the appropriate place, insert the fol- CIPIENTS OF NSF FUNDS. quire necessary supplies to address critical lowing: (a) DISCLOSURE REQUIREMENTS FOR RECIPI- public health needs, including counter- SEC. lll. UNITED STATES-ISRAEL CYBERSECU- ENTS OF NSF FUNDS.—The National Science measures required during a pandemic or RITY COOPERATION. Foundation Act of 1950 (42 U.S.C. 1861 et seq.) other public health emergency. is amended by inserting after section 11 the (a) DEFINITIONS.—In this section— ‘‘(b) ELIGIBLE PRODUCTS.—The Secretary, following: (1) the term ‘‘cybersecurity research’’ in consultation with the Secretary of De- means research, including social science re- ‘‘SEC. 11A. DISCLOSURE REQUIREMENTS FOR RE- fense, shall compile and update a list of CIPIENTS OF NSF FUNDS. search, into ways to identify, protect drugs, biological products (including vac- ‘‘(a) IN GENERAL.—A grantee or subgrantee against, detect, respond to, and recover from cines), devices (including respiratory protec- carrying out a program, project, or activity cybersecurity threats; tive devices), and other medical supplies that is, in whole or in part, carried out using (2) the term ‘‘cybersecurity technology’’ that are, or may become, critical supplies in funds provided by the Foundation shall means technology intended to identify, pro- the event of a pandemic or public health clearly state, to the extent possible, in any tect against, detect, respond to, and recover emergency. statement, press release, request for pro- from cybersecurity threats; ‘‘(c) ELIGIBILITY.—To be eligible for a grant posals, bid solicitation, or other document (3) the term ‘‘cybersecurity threat’’ has under this section, a manufacturer shall sub- describing the program, project, or activity, the meaning given the term in section 102 of mit an application to the Secretary at such other than a communication containing not the Cybersecurity Information Sharing Act time, in such manner, and containing such more than 280 characters— of 2015 (6 U.S.C. 1501); information as the Secretary may require, ‘‘(1) the percentage of the total costs of the (4) the term ‘‘Department’’ means the De- including the applicant’s plan for the ad- program, project, or activity which will be partment of Homeland Security; vanced manufacturing, domestically, of a financed with funds provided by the Founda- (5) the term ‘‘National Laboratory’’ has product on the list under subsection (b). tion; the meaning given the term in section 2 of ‘‘(d) GRANT AWARDS.—A grant awarded ‘‘(2) the dollar amount of the funds pro- the Energy Policy Act of 2005 (42 U.S.C. under this section— vided by the Foundation made available for 15801); and ‘‘(1) shall be used for the capital costs asso- the program, project, or activity; and (6) the term ‘‘Secretary’’ means the Sec- ciated with the installation of counter- ‘‘(3) the percentage of the total costs of, retary of Homeland Security. measure manufacturing equipment (includ- and dollar amount for, the program, project, (b) GRANT PROGRAM.— ing both final finished products and the re- or activity that will be financed by non- (1) ESTABLISHMENT.—The Secretary, in ac- lated critical components required for these governmental sources. cordance with the agreement entitled the products), including the building and assem- ‘‘(b) NONCOMPLIANCE.—If the Director de- ‘‘Agreement between the Government of the bly of manufacturing equipment, modifica- termines that an individual or entity is fail- United States of America and the Govern- tions to existing facilities to accommodate ing to comply with subsection (a), the Direc- ment of the State of Israel on Cooperation in such equipment, or expansion of existing fa- tor may withhold not more than 25 percent Science and Technology for Homeland Secu- cilities to accommodate such equipment, in of the amount of funds provided by the Foun- rity Matters’’, dated May 29, 2008 (or suc- accordance with the advanced manufac- dation that would otherwise be provided to cessor agreement), and the requirements turing plan set forth in the application under the individual or entity, until the date on specified in paragraph (2), shall establish a subsection (c); and which the individual or entity complies with grant program at the Department to sup- ‘‘(2) shall be in amount not to exceed the subsection (a).’’. port— amount sufficient to cover up to 50 percent (b) PUBLIC AVAILABILITY.—Notwith- (A) cybersecurity research and develop- standing any other provision of this Act, the of the costs described in paragraph (1). ment; and ‘‘(e) WAIVER OF CERTAIN REQUIREMENTS.— Director of the National Science Foundation (B) demonstration and commercialization The requirements of section 75.323 of title 45, shall require that any publication of re- of cybersecurity technology. Code of Federal Regulations (or any suc- search or a study funded in whole or in part (2) REQUIREMENTS.— cessor regulations) shall not apply with re- by the National Science Foundation, shall be (A) APPLICABILITY.—Notwithstanding any spect to a grant awarded under this section. publicly available at no cost not later than other provision of law, in carrying out a re- ‘‘(f) ONGOING MONITORING.—The Secretary, 365 days after the date of publication. search, development, demonstration, or com- in coordination with the Secretary of De- (c) AUTHORITY TO EXCLUDE.—Notwith- mercial application program or activity that standing any other provision of law, the Di- fense, shall establish and implement proce- is authorized under this section, the Sec- rector of the National Science Foundation dures for the ongoing monitoring of the pro- retary shall require cost sharing in accord- may waive a requirement under subsection gram under this section to ensure that such ance with this paragraph. (b) if the Director determines the require- program works toward the goal of expanding (B) RESEARCH AND DEVELOPMENT.— ment would compromise national security. domestic production of drugs, biological (i) IN GENERAL.—Except as provided in products (including vaccines), devices (in- clause (ii), the Secretary shall require not SA 1515. Ms. ERNST submitted an cluding respiratory protective devices), and less than 50 percent of the cost of a research, amendment intended to be proposed by other medical supplies. development, demonstration, or commercial ‘‘(g) REPORTING.—Not later than 180 days application program or activity described in her to the bill S. 1260, to establish a after the date of the enactment of this sec- new Directorate for Technology and In- subparagraph (A) to be provided by a non- tion and annually thereafter, the Secretary, Federal source. novation in the National Science Foun- in coordination with the Secretary of De- (ii) REDUCTION.—The Secretary may reduce dation, to establish a regional tech- fense, shall submit to Congress a report on or eliminate, on a case-by-case basis, the nology hub program, to require a strat- the program under this section. Each such percentage requirement specified in clause egy and report on economic security, report shall include certification that all (i) if the Secretary determines that the re- science, research, innovation, manufac- funds appropriated for the purpose of car- duction or elimination is necessary and ap- turing, and job creation, to establish a rying out this section are used solely for propriate. such purpose. (C) MERIT REVIEW.—In carrying out a re- critical supply chain resiliency pro- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— gram, and for other purposes; which search, development, demonstration, or com- To carry out this section, there are author- mercial application program or activity that was ordered to lie on the table; as fol- ized to be appropriated $250,000,000 for each is authorized under this section, awards shall lows: of fiscal years 2022 through 2026.’’. be made only after an impartial review of At the appropriate place, insert the fol- the scientific and technical merit of the pro- lowing: SA 1516. Ms. ROSEN (for herself and posals for the awards has been carried out by SEC. ll. EXPANDING THE DOMESTIC PRODUC- Ms. COLLINS) submitted an amendment or for the Department. TION OF MEDICAL SUPPLIES. intended to be proposed to amendment (D) REVIEW PROCESSES.—In carrying out a Title III of the Public Health Service Act SA 1502 proposed by Mr. SCHUMER to review under subparagraph (C), the Sec- is amended by inserting after section 319F–4 the bill S. 1260, to establish a new Di- retary may use merit review processes devel- (42 U.S.C. 247d–6e) the following: rectorate for Technology and Innova- oped under section 302(14) of the Homeland ‘‘SEC. 319F–5. EXPANDING THE DOMESTIC PRO- tion in the National Science Founda- Security Act of 2002 (6 U.S.C. 182(14)). DUCTION OF MEDICAL SUPPLIES. (3) ELIGIBLE APPLICANTS.—An applicant ‘‘(a) IN GENERAL.—The Secretary, in con- tion, to establish a regional technology shall be eligible to receive a grant under this sultation with the Secretary of Defense, hub program, to require a strategy and subsection if the project of the applicant— shall award grants to drug, biological prod- report on economic security, science, (A) addresses a requirement in the area of uct (including vaccines), device (including research, innovation, manufacturing, cybersecurity research or cybersecurity

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00189 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.028 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE S2742 CONGRESSIONAL RECORD — SENATE May 18, 2021 technology, as determined by the Secretary; and job creation, to establish a critical ‘‘(ii) the data made publicly available and supply chain resiliency program, and under paragraph (2); and (B) is a joint venture between— for other purposes; which was ordered ‘‘(B) in making publicly available the re- (i)(I) a for-profit business entity, academic to lie on the table; as follows: port under paragraph (1) and the data under institution, National Laboratory, or non- paragraph (2), shall anonymize any person- profit entity in the United States; and At the appropriate place, insert the fol- ally identifying information related to the (II) a for-profit business entity, academic lowing: demographic information collected under institution, or nonprofit entity in Israel; or SEC. lll. COLLECTION OF DEMOGRAPHIC IN- subsection (a). FORMATION FOR PATENT INVEN- (ii)(I) the Federal Government; and ‘‘(e) BIENNIAL REPORT.—Not later than 2 TORS. (II) the Government of Israel. years after the date of enactment of this sec- (a) AMENDMENT.—Chapter 11 of title 35, (4) APPLICATIONS.—To be eligible to receive tion, and every 2 years thereafter, the Direc- United States Code, is amended by adding at a grant under this subsection, an applicant the end the following: tor shall submit to Congress a biennial re- shall submit to the Secretary an application port that evaluates the data collection proc- for the grant in accordance with procedures ‘‘§ 124. Collection of demographic information ess under this section, ease of access to the established by the Secretary, in consultation for patent inventors information by the public, and recommenda- with the advisory board established under ‘‘(a) VOLUNTARY COLLECTION.—The Director tions on how to improve data collection.’’. paragraph (5). shall provide for the collection of demo- (b) TECHNICAL AND CONFORMING AMEND- (5) ADVISORY BOARD.— graphic information, including gender, race, MENT.—The table of sections at the begin- (A) ESTABLISHMENT.—The Secretary shall military or veteran status, and any other de- ning of chapter 11 of title 35, United States establish an advisory board to— mographic category that the Director deter- Code, is amended by adding at the end the (i) monitor the method by which grants are mines appropriate, related to each inventor following: listed with an application for patent, that awarded under this subsection; and ‘‘124. Collection of demographic informa- may be submitted voluntarily by that inven- (ii) provide to the Secretary periodic per- tion for patent inventors.’’. formance reviews of actions taken to carry tor. out this subsection. ‘‘(b) PROTECTION OF INFORMATION.—The Di- Mr. JOHNSON submitted an rector shall— SA 1518. (B) COMPOSITION.—The advisory board es- amendment intended to be proposed to tablished under subparagraph (A) shall be ‘‘(1) keep any information submitted under composed of 3 members, to be appointed by subsection (a) confidential and separate from amendment SA 1502 proposed by Mr. the Secretary, of whom— the application for patent; and SCHUMER to the bill S. 1260, to establish (i) 1 shall be a representative of the Fed- ‘‘(2) establish appropriate procedures to en- a new Directorate for Technology and eral Government; sure— Innovation in the National Science (ii) 1 shall be selected from a list of nomi- ‘‘(A) the confidentiality of any information Foundation, to establish a regional nees provided by the United States-Israel Bi- submitted under subsection (a); and technology hub program, to require a national Science Foundation; and ‘‘(B) that demographic information is not strategy and report on economic secu- made available to examiners or considered in (iii) 1 shall be selected from a list of nomi- rity, science, research, innovation, nees provided by the United States-Israel Bi- the examination of any application for pat- national Industrial Research and Develop- ent. manufacturing, and job creation, to es- ment Foundation. ‘‘(c) RELATION TO OTHER LAWS.— tablish a critical supply chain resil- (6) CONTRIBUTED FUNDS.—Notwithstanding ‘‘(1) FREEDOM OF INFORMATION ACT.—Any iency program, and for other purposes; any other provision of law— demographic information submitted under which was ordered to lie on the table; (A) the Secretary may accept or retain subsection (a) shall be exempt from disclo- as follows: sure under section 552(b)(3) of title 5. funds contributed by any person, govern- At the appropriate place in division D, in- ‘‘(2) FEDERAL INFORMATION POLICY LAW.— ment entity, or organization for purposes of sert the following: carrying out this subsection; and Subchapter I of chapter 35 of title 44 shall SEC. 4ll. PROHIBITING THE CANCELLATION OF (B) the funds described in subparagraph (A) not apply to the collection of demographic information under subsection (a). CERTAIN CONTRACTS FOR PHYS- shall be available, subject to appropriation, ICAL BARRIERS AND OTHER BOR- UBLICATION OF EMOGRAPHIC NFOR without fiscal year limitation. ‘‘(d) P D I - DER SECURITY MEASURES. MATION.— (7) REPORTS.— Notwithstanding any other provision of ‘‘(1) REPORT REQUIRED.—Not later than 1 (A) GRANT RECIPIENTS.—Not later than 180 law, the Secretary of Homeland Security and days after the date of completion of a project year after the date of enactment of this sec- any other Federal official may not— for which a grant is provided under this sub- tion, and not later than January 31 of each (1) cancel, invalidate, or breach any con- section, the grant recipient shall submit to year thereafter, the Director shall make pub- tract for the construction or improvement of the Secretary a report that contains— licly available a report that, except as pro- any physical barrier along the United States (i) a description of how the grant funds vided in paragraph (3)— border or for any other border security meas- were used by the recipient; and ‘‘(A) includes the total number of patent ures for which Federal funds have been obli- (ii) an evaluation of the level of success of applications filed during the previous year gated; or each project funded by the grant. disaggregated— (2) obligate the use of Federal funds to pay ‘‘(i) by demographic information described (B) SECRETARY.—Not later than 1 year any penalty resulting from the cancellation after the date of enactment of this Act, and in subsection (a); and of any contract described in paragraph (1). annually thereafter until the grant program ‘‘(ii) by technology class number, tech- established under this section terminates, nology class title, country of residence of the SA 1519. Mr. JOHNSON submitted an the Secretary shall submit to the Committee inventor, and State of residence of the inven- amendment intended to be proposed by tor in the United States; on Homeland Security and Governmental Af- him to the bill S. 1260, to establish a fairs of the Senate and the Committee on ‘‘(B) includes the total number of patents issued during the previous year new Directorate for Technology and In- Homeland Security of the House of Rep- novation in the National Science Foun- resentatives a report on the grants awarded disaggregated— and projects completed under the program. ‘‘(i) by demographic information described dation, to establish a regional tech- (8) CLASSIFICATION.—Grants shall be award- in subsection (a); and nology hub program, to require a strat- ed under this subsection only for projects ‘‘(ii) by technology class number, tech- egy and report on economic security, that are considered to be unclassified by nology class title, country of residence of the science, research, innovation, manufac- both the United States and Israel. inventor, and State of residence of the inven- turing, and job creation, to establish a tor in the United States; and (c) AUTHORIZATION OF APPROPRIATIONS.— critical supply chain resiliency pro- There is authorized to be appropriated to ‘‘(C) includes a discussion of the data col- carry out this section not less than $6,000,000 lection methodology and summaries of the gram, and for other purposes; which for each of fiscal years 2022 through 2026. aggregate responses. was ordered to lie on the table; as fol- ‘‘(2) DATA AVAILABILITY.—In conjunction lows: SA 1517. Mr. TILLIS (for himself and with issuance of the report under paragraph In section 6203, strike ‘‘$252,000,000’’ and in- Ms. HIRONO) submitted an amendment (1), the Director shall make publicly avail- sert ‘‘$184,524,000’’. intended to be proposed to amendment able data based on the demographic informa- SA 1502 proposed by Mr. SCHUMER to tion collected under subsection (a) that, ex- SA 1520. Mr. JOHNSON submitted an the bill S. 1260, to establish a new Di- cept as provided in paragraph (3), allows the amendment intended to be proposed by rectorate for Technology and Innova- information to be cross-tabulated to review him to the bill S. 1260, to establish a subgroups. tion in the National Science Founda- new Directorate for Technology and In- ‘‘(3) PRIVACY.—The Director— tion, to establish a regional technology ‘‘(A) may not include personally identi- novation in the National Science Foun- hub program, to require a strategy and fying information in— dation, to establish a regional tech- report on economic security, science, ‘‘(i) the report made publicly available nology hub program, to require a strat- research, innovation, manufacturing, under paragraph (1); or egy and report on economic security,

VerDate Sep 11 2014 05:56 May 19, 2021 Jkt 019060 PO 00000 Frm 00190 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.028 S18MYPT1 ctelli on DSK11ZRN23PROD with SENATE May 18, 2021 CONGRESSIONAL RECORD — SENATE S2743 science, research, innovation, manufac- They have the approval of the Majority APPOINTMENT turing, and job creation, to establish a and Minority leaders. The PRESIDING OFFICER. The critical supply chain resiliency pro- Pursuant to Rule XXVI, paragraph Chair announces on behalf of the Com- gram, and for other purposes; which 5(a), of the Standing Rules of the Sen- mittee on Finance, pursuant to section was ordered to lie on the table; as fol- ate, the following committees are au- 8002 of title 26, U.S. Code, the designa- lows: thorized to meet during today’s session tion of the following Senators as mem- In section 6203, strike ‘‘$418,000,000’’ and in- of the Senate: bers of the Joint Committee on Tax- sert ‘‘$351,000,000’’. COMMITTEE ON ARMED SERVICES ation: The Senator from Oregon (Mr. The Committee on Armed Services is WYDEN); The Senator from Michigan SA 1521. Mr. JOHNSON submitted an authorized to meet during the session (Ms. STABENOW) The Senator from amendment intended to be proposed by of the Senate on Tuesday, May 18, 2021, Washington (Ms. CANTWELL); The Sen- him to the bill S. 1260, to establish a at 9:30 a.m., to conduct a hearing on ator from Idaho (Mr. CRAPO); and The new Directorate for Technology and In- nominations. Senator from Iowa (Mr. GRASSLEY). novation in the National Science Foun- COMMITTEE ON BANKING, HOUSING, AND URBAN f dation, to establish a regional tech- AFFAIRS nology hub program, to require a strat- The Committee on Banking, Housing, RECOGNIZING AND SUPPORTING egy and report on economic security, and Urban Affairs is authorized to THE GOALS AND IDEALS OF NA- science, research, innovation, manufac- meet during the session of the Senate TIONAL SEXUAL ASSAULT turing, and job creation, to establish a on Tuesday, May 18, 2021, at 10 a.m., to AWARENESS AND PREVENTION critical supply chain resiliency pro- conduct a hearing. MONTH gram, and for other purposes; which COMMITTEE ON ENERGY AND NATURAL Mr. SCHUMER. Mr. President, I ask was ordered to lie on the table; as fol- RESOURCES unanimous consent that the Senate lows: The Committee on Energy and Nat- proceed to the consideration of S. Res. In title V of division B, insert the fol- ural Resources is authorized to meet 222, submitted earlier today. lowing: during the session of the Senate on The PRESIDING OFFICER. The SEC. 25ll. RESCISSION. Tuesday, May 18, 2021, at 10 a.m., to clerk will report the resolution by Of the amounts made available by the conduct a hearing on nominations. title. American Rescue Plan Act of 2021 (Public COMMITTEE ON FINANCE The senior assistant legislative clerk Law 117–2) (including any amendments made The Committee on Finance is author- read as follows: by such Act), except for amounts made avail- ized to meet during the session of the A resolution (S. Res. 222) recognizing and able under subtitle D, E, F, G, or H of title Senate on Tuesday, May 18, 2021, at 10 II of such Act (or amendments made by any supporting the goals and ideals of National such subtitle), and remaining unobligated on a.m., to conduct a hearing. Sexual Assault Awareness and Prevention the date of enactment of this Act, COMMITTEE ON HEALTH, EDUCATION, LABOR, Month. $109,500,000,000 (or, if the full such amount is AND PENSIONS There being no objection, the Senate not unobligated on such date, the portion of The Committee on Health, Edu- proceeded to consider the resolution. such amount that remains unobligated) is cation, Labor, and Pensions is author- Mr. SCHUMER. Mr. President, I ask hereby rescinded. ized to meet during the session of the unanimous consent that the resolution Senate on Tuesday, May 18, 2021, at 10 be agreed to, the preamble be agreed SA 1522. Mr. JOHNSON submitted an a.m., to conduct a hearing. to, and the motions to reconsider be amendment intended to be proposed by COMMITTEE ON HOMELAND SECURITY AND considered made and laid upon the him to the bill S. 1260, to establish a GOVERNMENTAL AFFAIRS table with no intervening action or de- new Directorate for Technology and In- The Committee on Homeland Secu- bate. novation in the National Science Foun- rity and Governmental Affairs is au- The PRESIDING OFFICER. Without dation, to establish a regional tech- thorized to meet during the session of objection, it is so ordered. nology hub program, to require a strat- the Senate on Tuesday, May 18, 2021, at The resolution (S. Res. 222) was egy and report on economic security, 10 a.m., to conduct a hearing. agreed to. science, research, innovation, manufac- SELECT COMMITTEE ON INTELLIGENCE The preamble was agreed to. turing, and job creation, to establish a The Select Committee on Intel- (The resolution, with its preamble, is critical supply chain resiliency pro- ligence is authorized to meet during printed in today’s RECORD under ‘‘Sub- gram, and for other purposes; which the session of the Senate on Tuesday, mitted Resolutions.’’) was ordered to lie on the table; as fol- May 18, 2021, at 2:30 p.m., to conduct a f lows: hearing. CONGRATULATING THE CITY OF In title III of division F, insert the fol- SUBCOMMITTEE ON CYBERSECURITY COLUMBIA HEIGHTS, MIN- lowing: The Subcommittee on Cybersecurity NESOTA, ON ITS 100TH ANNIVER- SEC. 63lll. USE OF PREVIOUSLY APPRO- of the Committee on Armed Services is PRIATED FUNDS. SARY authorized to meet during the session (a) IN GENERAL.—Notwithstanding any Mr. SCHUMER. Mr. President, I ask other provision of law, any amounts appro- of the Senate on Tuesday, May 18, 2021, priated under the American Rescue Plan Act at 2:30 p.m., to conduct a hearing. unanimous consent that the Senate of 2021 (Public Law 117–2), other than SUBCOMMITTEE ON CONSUMER PROTECTION, proceed to the consideration of S. Res. amounts appropriated under a provision ex- PRODUCT SAFETY, INSURANCE, AND DATA SE- 223, submitted earlier today. empted under subsection (b), that are unobli- CURITY The PRESIDING OFFICER. The gated on the date of enactment of this Act The Subcommittee on Consumer Pro- clerk will report the resolution by shall be made available for purposes of car- tection, Product Safety, Insurance, and title. rying out this Act, including the amend- Data Security of the Committee on The senior assistant legislative clerk ments made by this Act. Commerce, Science, and Transpor- read as follows: (b) EXEMPTIONS.—No amounts made available under subtitle D, E, F, G, or H of title tation is authorized to meet during the A resolution (S. Res. 223) congratulating II, subtitle C of title III, or title V of the session of the Senate on Tuesday, May the city of Columbia Heights, Minnesota, on American Rescue Plan Act of 2021 (Public 18, 2021, at 10 a.m., to conduct a hear- its 100th anniversary. Law 117–2) may be used for purposes of caring. There being no objection, the Senate rying out this Act, or any amendments made SUBCOMMITTEE ON TOURISM, TRADE, AND proceeded to consider the resolution. by this Act, pursuant to subsection (a). EXPORT PROMOTION Mr. SCHUMER. I ask unanimous con- f The Subcommittee on Tourism, sent that the resolution be agreed to; Trade, and Export Promotion of the that the preamble be agreed to; and AUTHORITY FOR COMMITTEES TO Committee on Commerce, Science, and that the motions to reconsider be con- MEET Transportation is authorized to meet sidered made and laid upon the table Mr. SCHUMER. Mr. President, I have during the session of the Senate on with no intervening action or debate. 10 requests for committees to meet Tuesday, May 18, 2021, at 3 p.m., to con- The PRESIDING OFFICER. Without during today’s session of the Senate. duct a hearing. objection, it is so ordered.

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IN SUPPORT OF H.R. 2862 Fund transportation infrastructure in the very and wish him continued health, safety, and CAMPAIGN TO PREVENT SUICIDE communities you scrutinize for gang violence, success. help the children get home safely. f HON. SHEILA JACKSON LEE Create and support more after school pro- IN RECOGNITION OF QURISTIN OF TEXAS grams and activities. WALKER IN THE HOUSE OF REPRESENTATIVES Provide students with mentors and exam- Tuesday, May 18, 2021 ples of a life alternative to the poverty and violence that many of us are facing. HON. LAUREN UNDERWOOD Ms. JACKSON LEE. Madam Speaker, I rise Support mental health experts and trauma OF ILLINOIS in strong support of H.R. 2862, the ‘‘Campaign experts of color, who are specifically trained to IN THE HOUSE OF REPRESENTATIVES to Prevent Suicide Act,’’ which creates an edu- deal with the unique trauma they face. Tuesday, May 18, 2021 cational campaign recommended by suicide I listened to young people share the heart- prevention advocates and the Federal Com- wrenching truths of encounters with gun vio- Ms. UNDERWOOD. Madam Speaker, I rise munications Commission (FCC) to raise lence, the broken juvenile justice system, and to recognize Quristin Walker for her service in awareness for a three-digit suicide lifeline improperly trained mental health profes- my office in Washington, D.C. phone number, suicide prevention resources, sionals—if they are afforded the opportunity to Quristin joined our team as a staff assistant and more effective discourse on how to pre- be in proximity to these professionals at all. on my very first day in office in January of vent suicide. 2019. She was one of just three original staff This bipartisan legislation is designed to Suicide prevention starts with recognizing members charged with setting up a Congres- help change the culture around suicide so that the warning signs of suicide and taking them sional office, a task which those who have all Americans know to engage rather than ig- seriously, and talking openly about suicidal done know is not for the faint of heart. Quristin nore individuals who might be experiencing thoughts and feelings can save lives. played an integral role in setting up systems suicidal thoughts, and it would: Although suicide has long been a serious Fund campaigns to share information about public health problem, the recent and sudden and ensuring every constituent, whether by suicide prevention resources like the suicide isolation, unemployment and precipitous walk-in, call, or tour request, was responded prevention lifeline, which has been shown to change ushered in by COVID–19 threatens to to in a timely, courteous manner that was de- save lives; and increase the incidence of people for whom sui- monstrative of my commitment of service to Create new media tools to help television cide seems the only viable solution. the people of the 14th Congressional District and social media know how to shape the na- By looking out for one another, matching of Illinois. She went above-and-beyond in her tional conversation we need to reduce suicide. people with the help they need, and helping role as intern coordinator, often giving life ad- America and Texas face a suicide crisis, those who are hurting feel more connected, vice to young people with hearts for service and we must come together to fight this tragic people who are contemplating suicide have an that extended far past the walls of my office. epidemic. opportunity to recover and live lives of mean- She was a listening ear and source of support Each day in Texas there are more than 6 ing and purpose. through moves, graduations, next career suicide deaths and nearly 30 hospitalizations For this reason, I ask my colleagues on steps, and more, as an accessible mentor to for attempted suicide. both sides of the aisle to vote in support of so many who came through our internship Suicide is the 11th leading cause of death H.R. 2862. program. for Texans and the third leading cause of f Quristin’s respect for all who entered or death among youth ages 15 to 24. called the office, cheery demeanor, and fre- 60 percent of Texas suicide deaths occur HONORING FIREFIGHTER BOB quent pick-me-up treats and Beyonce music among people 25 to 64 years of age. WEIMER for the team proved to be invaluable assets Rates of suicide among Whites increased that kept our team smiling through all the joys 12 percent since 2000, particularly among fe- HON. JOHN JOYCE and challenges of our work the past two-and- males; rates among Blacks and Hispanics OF PENNSYLVANIA a-half years. Although Quristin may be leaving have remained stable during the same time. IN THE HOUSE OF REPRESENTATIVES our office, our community in northern Illinois Estimated medical costs of Texas hos- and my entire staff will always consider her pitalizations for suicide attempts average Tuesday, May 18, 2021 Team Underwood. $8,849 per patient, or more than $95.6 million Mr. JOYCE of Pennsylvania. Madam Speak- Prior to joining my staff, Quristin earned a annually. er, I rise today to recognize Firefighter Bob Bachelor’s degree from Northern Illinois Uni- We need to start talking about suicide, and Weimer for his 21 years of service with the versity and she currently is pursuing a Mas- we need to keep talking. For this reason, in 2019, I convened a panel Meyersdale Volunteer Fire Department in ter’s degree from American University. She is to discuss mental health and suicide and an Somerset County, Pennsylvania. a proud alumna of the Congressional Black all-youth panel to account for how students Firefighters’ commitment and service to our Caucus Foundation Fellowship Program. Our handle their mental health and what policies community are invaluable. Volunteer fire- office will miss her. they want to see come from Congress. fighters often are called on to respond to Madam Speaker, I would like to formally It was a beautiful and absolutely necessary emergencies of all types. From battling struc- thank Quristin Walker for her service to my of- convening of young people. ture fires to conducting search and rescue op- fice, to Illinois’s 14th Congressional District, They shared with us and tasked us with the erations, volunteer firefighters respond imme- and to our country. solutions and measures they know will posi- diately whenever disaster strikes. These he- f tively impact their communities and their gen- roes often go above and beyond—they teach STEM OPPORTUNITIES ACT eration. first aid, educate students about fire and other One problem was raised time and time dangerous hazards, and even install car safety SPEECH OF again during the course of this panel: There seats for children. Through their diverse and are far too few resources available to our often-difficult work, volunteer firefighters pro- HON. EDDIE BERNICE JOHNSON young people, especially our young people of vide lifesaving services and are a staple of our OF TEXAS color, to truly support the staggering preva- local community. IN THE HOUSE OF REPRESENTATIVES lence of mental health ailments and effectively Firefighter Weimer has worked throughout Monday, May 17, 2021 combat the growing number of youth suicide. his career to serve the people of Somerset Matthew 21:16 says: from the mouths of ba- County. On behalf of Pennsylvania’s 13th Ms. JOHNSON of Texas. Mr. Speaker, our bies shall come praise, and on that day from Congressional District, I thank him for his work economic competitiveness and national pros- the mouths of babies came solutions: to protect life and property in our community perity depend in large part on our capacity to

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.001 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS E538 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2021 lead the world in science and innovation. We them in identifying any cultural and institutional simply never worked and, in the end, it’s the need a STEM workforce that is equipped with barriers limiting the recruitment, retention, and taxpayers who are typically the big losers. the knowledge and skills to meet the needs of achievement of underrepresented groups in I will be working with my colleagues on both today’s industries and make breakthrough dis- academic and government STEM research ca- sides of the aisle to make sure that language coveries that will launch future industries. We reers, and in developing and implementing is included in any infrastructure legislation that are having a spirited debate in Congress current best practices for reducing such bar- ensures that previous projects utilizing major about how best to position ourselves to main- riers. federal assistance, that have defaulted and tain our leadership position in science and in- I have been working on a version of this gone bust, cannot be eligible to reapply and novation, especially with respect to China. In legislation for nearly 15 years. I thank Ranking do the same thing again. debating how much we invest, at what agen- Member LUCAS for joining me last Congress, The now-famous Solyndra solar energy cy, and in what form, we cannot lose sight of and again this Congress, in making this a bi- project—the first major alternative energy in- a key advantage of ours—our diversity. partisan bill. I also thank the 25 organizations frastructure project launched by the Obama Research provides compelling evidence that and institutions that have endorsed this legis- Administration as part of the American Recov- diversity unlocks innovation, yet we have lation. ery and Reinvestment Act,—cost taxpayers failed to fully leverage the diverse talent avail- After the year we have just gone through, it over $500 million, but the solar panel manu- able to us. Of particular concern is the under- is undeniable that science, and scientists, are facturer went bankrupt within a few years leav- representation of women and minority re- critical to ensuring we are poised to handle ing taxpayers on the hook for almost all of a searchers in STEM faculty positions. Accord- the challenges ahead. We must act now to en- $535 million loan guarantee. ing to the National Science Foundation’s re- sure we have the STEM workforce we will Later in the Obama Administration, in what cently released report entitled, Women, Minori- need. The STEM Opportunities Act is an im- can only be described as Solyndra 2.0, the ties, and Persons with Disabilities in Science portant step in that direction. I look forward to Department of Energy committed $737 million and Engineering, women hold only 25 percent working with my colleagues in both bodies to to the development of the Crescent Dunes of full professor positions in STEM. The num- get this legislation over the finish line. solar energy project in Nevada, also in the bers are even more striking for faculty in racial f form of loan guarantees. That project still and ethnic minority groups. Black STEM fac- doesn’t produce electricity and taxpayers are ulty represent only 2.5 percent of full profes- HONORING FIREFIGHTER JEFF out as much as $234 million of the out- sors across all science disciplines, while only KALP standing DOE loan balance if not more. This 4.6 percent of full professors are Hispanic. In is after the project received an additional $275 some fields, the disparity is particularly stark. HON. JOHN JOYCE million in taxpayer money under Treasury’s Women make up only 19 percent of full pro- OF PENNSYLVANIA Section 1603 program in 2017. fessors in computer science and 11 percent in IN THE HOUSE OF REPRESENTATIVES Only in Washington, DC does this scenario engineering. The number of Black and His- Tuesday, May 18, 2021 make sense. It is crucial that any energy infra- panic professors in computer science are so Mr. JOYCE of Pennsylvania. Madam Speak- structure projects funded going forward, espe- small, they cannot be reported without comer, I rise today to recognize Firefighter Jeff cially now that Congress is considering a promising their privacy. In engineering, 2.5 Kalp for his 16 years of service with the much broader definition of infrastructure, percent of professors are Black and 4.3 per- Meyersdale Volunteer Fire Department in should build in the kind of oversight and ac- cent are Hispanic. Somerset County, Pennsylvania. countability measures that will minimize the This lack of diversity in the academic work- Firefighters’ commitment and service to our potential for more boondoggles. force is holding us back. It is critical to ensure community are invaluable. Volunteer fire- If we fail to do this, taxpayers will once STEM faculty resemble the students they are fighters often are called on to respond to again be left holding the bag and we will have teaching. When students see someone who emergencies of all types. From battling struc- failed to do our duty in terms of overseeing looks like them in a career they want to pur- ture fires to conducting search and rescue op- the programs we support while protecting tax- sue, they are more likely to see it as an erations, volunteer firefighters respond imme- payers. achievable goal. Diversity of perspectives also diately whenever disaster strikes. These he- f advances research and leads to new lines of roes often go above and beyond—they teach inquiry. Without diverse STEM faculty, we can- COMBATING SEXUAL HARASSMENT first aid, educate students about fire and other not grow the STEM workforce and advance IN SCIENCE ACT dangerous hazards, and even install car safety the research and innovation we need to take seats for children. Through their diverse and SPEECH OF on the pressing challenges ahead and to com- often-difficult work, volunteer firefighters pro- pete around the world. vide lifesaving services and are a staple of our HON. EDDIE BERNICE JOHNSON The STEM Opportunities Act would em- local community. OF TEXAS power Federal agencies and universities to Firefighter Kalp has worked throughout his IN THE HOUSE OF REPRESENTATIVES identify and lower barriers to the recruitment, career to serve the people of Somerset Coun- retention, and advancement of women, minori- Monday, May 17, 2021 ty. On behalf of Pennsylvania’s 13th Congres- ties, and other groups underrepresented in Ms. JOHNSON of Texas. Mr. Speaker, the sional District, I thank him for his work to pro- STEM studies and careers. The bill promotes United States has made great strides in re- tect life and property in our community and an evidence-driven approach to these chal- cruiting more women to study science and en- wish him continued health, safety, and suc- lenges. It requires agencies to collect com- gineering and pursue research careers. De- cess. prehensive demographic data on the grant re- spite this progress, women researchers review process and on STEM faculty at U.S. f main underrepresented in many STEM fields, universities. The bill supports research on par- WASTEFUL GOVERNMENT particularly in senior positions. For a long time, ticipation and career trajectories and the im- SPENDING many assumed that as the number of women plementation of best practices for increasing earning STEM degrees increased, the dis- the recruitment and retention of minority stu- HON. DON YOUNG parity at the top would narrow. But that has not been the case. Unfortunately, we continue dents and faculty. OF ALASKA This bill also pushes Federal agencies to do to lose talented women at every stage of their IN THE HOUSE OF REPRESENTATIVES more to ensure all researchers have a fair research careers. shot at receiving funding for their work. The Tuesday, May 18, 2021 In 2018, the National Academies released a Office of Science and Technology Policy Mr. YOUNG. Madam Speaker, I would like consensus report examining the con- (OSTP) is directed to develop consistent fed- to take this time today to warn my fellow law- sequences of sexual harassment on the ca- eral policies for recipients of federal research makers that the passage of any infrastructure reers of women in STEM. The report found awards who have caregiving responsibilities. legislation must hold contractors and project that sexual harassment is pervasive in the The bill also requires consistent federal guid- sponsors who receive federal dollars account- sciences and it is banning women’s careers ance to grant reviewers and program officers able for their performance or risk another and driving talented researchers out of the on best practices to minimize the effects of im- round of failed government projects, financed field altogether. The report committee found plicit bias in the review of federal research or bailed out at taxpayers’ expense. that policies currently in place, such as Title grants. It requires OSTP to develop guidance Too often, ventures financed by the federal IX, are ineffective at protecting individual re- for universities and Federal laboratories to aid government have failed to be completed or searchers. The committee called on Federal

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.004 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS May 18, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E539 science agencies, universities, and scientific ty. On behalf of Pennsylvania’s 13th Congres- Suicide prevention starts with recognizing societies to transparently examine the work- sional District, I thank him for his work to pro- the warning signs of suicide and taking them place climate, and to go beyond a culture of tect life and property in our community and seriously, and talking openly about suicidal compliance by taking proactive steps to foster wish him continued health, safety, and suc- thoughts and feelings can save lives. a safe and welcoming research environment. cess. Although suicide has long been a serious The Combating Sexual Harassment in f public health problem, the recent and sudden Science Act addresses key recommendations isolation, unemployment and precipitous IN SUPPORT OF H.R. 2981 SUICIDE in the Academies report. This legislation di- change ushered in by COVID–19 threatens to PREVENTION LIFELINE IM- rects the Office of Science and Technology increase the incidence of people for whom sui- PROVEMENT ACT OF 2021 Policy to issue uniform guidance to all Federal cide seems the only viable solution. science agencies to implement reporting re- By looking out for one another, matching quirements for all grantees. I commend the HON. SHEILA JACKSON LEE people with the help they need, and helping National Science Foundation, the National In- OF TEXAS those who are hurting feel more connected, stitutes of Health, and the National Aero- IN THE HOUSE OF REPRESENTATIVES people who are contemplating suicide have an nautics and Space Administration for their Tuesday, May 18, 2021 opportunity to recover and live lives of mean- leadership in establishing such reporting re- Ms. JACKSON LEE. Madam Speaker, I rise ing and purpose. quirements ahead of any mandate to do so. in strong support of H.R. 2981, the ‘‘Suicide For this reason, I ask my colleagues on The bill also supports research to inform up- Prevention Lifeline Improvement Act of 2021,’’ both sides of the aisle to vote in support of dated policies in the future, it seeks to which bolsters aid for local suicide crisis cen- H.R. 2981. incentivize culture change at universities, pro- ters. vide training for researchers, and it makes This bipartisan legislation fully funds over- f clear that sexual harassment should be con- burdened crisis centers, so that they can meet sidered as important as research misconduct, REMEMBERING THE HONORABLE rising call volumes, and takes steps to allevi- as recommended by the National Academies. OTTO BEATTY, JR. ate call wait times and make support re- I want to thank Ranking Member LUCAS for sources available to friends and family of his partnership in developing and introducing those in crisis. HON. TIM RYAN H.R. 2695. I also want to thank the 24 organi- Specifically, the Suicide Prevention Lifeline OF OHIO zations that endorsed the legislation and the Improvement Act: IN THE HOUSE OF REPRESENTATIVES universities that provided input. I recognize Significantly increases authorized funding Tuesday, May 18, 2021 that many universities continue to have con- for the National Suicide Prevention Lifeline; cerns with some of the details even as they Requires HHS to develop and implement a Mr. RYAN. Madam Speaker, I rise today to support the overall goals. I believe we arrived plan to increase quality assurance, eliminate honor the life of the Honorable Otto Beatty, at a good compromise that protects the most call wait times, implement evidence-based Jr., of Columbus, Ohio, who passed away May vulnerable. I also believe some of the con- practices like follow-up, ensure resources are 14, 2021 at the age of 81. cerns are based on a misreading of the legis- available to friends and family of those in cri- Mr. Beatty, the husband to our distinguished lation. H.R. 2695 does not interfere with due sis, and create guidelines to carry out periodic colleague, Congresswoman JOYCE BEATTY, process. It simply requires transparency while testing of the Lifeline; was an attorney and former state lawmaker, a protecting privacy. Requires increased coordination and data leading figure in the fight for racial equality in While sexual harassment in science is not a sharing between the Suicide Prevention Life- Ohio. The couple married in 1992. problem that can be solved with legislation line and the CDC; As a lawyer, Otto was able to successfully alone, H.R. 2695 helps ensure that the Fed- Creates a pilot program to research and use his Columbus law firm to fight discrimina- eral science agencies are doing their part. No employ innovative technologies for suicide tion and fight for a more even playing field for researcher should be forced to choose be- prevention; Black and minority-owned businesses. tween her passion for science and her right to Requires a study and report to Congress A true public servant, Mr. Beatty was first feel safe. I look forward to working with my from both HHS and GAO on the plan imple- elected to the Ohio House in 1979, spending colleagues in both bodies to send this legisla- mented by HHS to reform the Lifeline as well the next 18 years advocating for the disadvan- tion to the President’s desk. as other recommendations for improvement to taged, as well as for health care access and f the Lifeline’s operations. tort reform, He also served as special counsel America and Texas face a suicide crisis, HONORING FIREFIGHTER MARK to the Ohio attorney general, counsel to what and we must come together to fight this tragic FARRIS would become the Ohio Legislative Black Cau- epidemic. cus, and chair of the Ohio Commission on Mi- In Texas, crisis centers handle the majority nority Health. HON. JOHN JOYCE of local calls to the Suicide Prevention Lifeline. Mr. Beatty was born in Columbus and re- OF PENNSYLVANIA But in recent years, rising rates of suicide ceived bachelor’s and master’s degrees from IN THE HOUSE OF REPRESENTATIVES and limited funding for call centers have made Howard University and a law degree from the it nearly impossible to consistently provide Tuesday, May 18, 2021 Ohio State University. His grandmother, quality and timely support for Texans in need. Mr. JOYCE of Pennsylvania. Madam Speak- Making matters worse, the COVID–19 pan- Mayme Moore, was a civil-rights activist who er, I rise today to recognize Firefighter Mark demic has added constraints and elevated stood alongside the Rev. Martin Luther King, Farris for his 11 years of service with the rates of mental illness. Jr. and helped found the Columbus NAACP. Meyersdale Volunteer Fire Department in Each day in Texas there are more than 6 Otto and his family have been trailblazers Somerset County, Pennsylvania. suicide deaths and nearly 30 hospitalizations and strong advocates in many ways—true in- Firefighters’ commitment and service to our for attempted suicide. spirations to us all. Besides his wife and my community are invaluable. Volunteer fire- Suicide is the 11th leading cause of death friend, Congresswoman JOYCE BEATTY, Otto is fighters often are called on to respond to for Texans and the third leading cause of survived by two children: daughter Laurel emergencies of all types. From battling struc- death among youth ages 15 to 24. Beatty Blunt, a judge on the 10th District Court ture fires to conducting search and rescue op- 60 percent of Texas suicide deaths occur of Appeals, and son Otto III, a Columbus at- erations, volunteer firefighters respond imme- among people 25 to 64 years of age. torney. diately whenever disaster strikes. These he- Rates of suicide among Whites increased There is no doubt that Mr. Beatty was an roes often go above and beyond—they teach 12 percent since 2000, particularly among fe- absolute giant, a man deep with integrity and first aid, educate students about fire and other males; rates among Blacks and Hispanics great business and political skills. I will re- dangerous hazards, and even install car safety have remained stable during the same time. member him for his wonderful sense of humor seats for children. Through their diverse and Estimated medical costs of Texas hos- and how much he adored JOYCE. I was very often-difficult work, volunteer firefighters pro- pitalizations for suicide attempts average sad to hear of his passing and my prayers go vide lifesaving services and are a staple of our $8,849 per patient, or more than $95.6 million out to the gentlelady, Mrs. BEATTY, and to all local community. annually. of Otto’s family and friends. He has left behind Firefighter Farris has worked throughout his We need to start talking about suicide, and a tremendous legacy in Central Ohio and for career to serve the people of Somerset Coun- we need to keep talking. the entire state.

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.007 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS E540 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2021 HONORING FIREFIGHTER MARK tracted as much as 70 percent in 2020. Early dogs, and this bill would expand this treatment OHLER, SR. career researchers are the most vulnerable to by launching a pilot program to make veterans this contraction, even if it is not permanent. with mental health issues such as depression HON. JOHN JOYCE Too many are currently in limbo. After years of eligible to receive service dogs. OF PENNSYLVANIA hard work and an enormous investment of re- According to a report from the Department IN THE HOUSE OF REPRESENTATIVES sources to train these scholars, we simply of Veteran Affairs: cannot afford to let them slip through the the number of veterans with mental health Tuesday, May 18, 2021 cracks. If we are to keep ahead of our global conditions such as post-traumatic stress dis- Mr. JOYCE of Pennsylvania. Madam Speak- competitors and ensure our security and pros- order (PTSD) and substance use disorders in- er, I rise today to recognize Firefighter Mark perity, we must act now to mitigate a loss of creased from 27 percent in 2001 to more than Ohler, Sr. for his 21 years of service with the human capital that would take decades to re- 40 percent in 2014, and an average of 20 vet- Meyersdale Volunteer Fire Department in coup. erans per day died by suicide in 2014; Somerset County, Pennsylvania. The Supporting Early-Career Researchers 11 to 20 out of every 100 veterans (or be- Firefighters’ commitment and service to our Act provides a bridge to help recent Ph.D. tween 11 and 20 percent) who served in oper- community are invaluable. Volunteer fire- graduates stay on their chosen career path as ations Iraqi Freedom and Enduring Freedom fighters often are called on to respond to they weather this turbulent period. The legisla- have PTSD in a given year; emergencies of all types. From battling struction establishes a two-year, $250 million agen- 12 out of every 100 Gulf War Veterans (or ture fires to conducting search and rescue op- cy-wide early career fellowship pilot program 12 percent) have PTSD in a given year; and erations, volunteer firefighters respond imme- at NSF. This will enable two cohorts of 1,600 An average of 20 veterans a day die by sui- diately whenever disaster strikes. These he- fellows working in all STEM disciplines to cide. roes often go above and beyond—they teach carry out their research at the U.S. institutions PTSD symptoms can include crippling anx- first aid, educate students about fire and other of their choosing. iety, emotional control issues, fear of public dangerous hazards, and even install car safety More than 30 organizations have endorsed spaces, drug abuse, and most tragically, sui- seats for children. Through their diverse and H.R. 144. I want to thank Ranking Member cide. A recent study led by the Purdue University often-difficult work, volunteer firefighters pro- LUCAS for joining me in introducing this bill and vide lifesaving services and are a staple of our bringing it to the House Floor. I look forward College of Veterinary Medicine, found that vet- local community. to working with my colleagues in both bodies erans with service dogs produce more cortisol, Firefighter Ohler has worked throughout his to see it enacted and funded quickly. a biomarker used as a metric of the effects of chronic and acute stress, than military vet- career to serve the people of Somerset Coun- f ty. On behalf of Pennsylvania’s 13th Congres- erans without a service dog in the home. sional District, I thank him for his work to pro- PERSONAL EXPLANATION Moreover, veterans with service dogs re- tect life and property in our community and ported having lower levels of anxiety, anger, wish him continued health, safety, and suc- HON. GLENN THOMPSON sleep disturbances, and less alcohol abuse cess. compared to veterans without service dogs. OF PENNSYLVANIA We must do everything possible to combat f IN THE HOUSE OF REPRESENTATIVES veteran suicide, including innovative treat- SUPPORTING EARLY-CAREER Tuesday, May 18, 2021 ments like service dog therapy that address RESEARCHERS ACT Mr. THOMPSON of Pennsylvania. Madam post-deployment mental health conditions. Speaker, due to a death in the family, I was Our veterans deserve every tool in the tool- SPEECH OF unable to cast my vote on May 14, 2021. box when it comes to their mental health, HON. EDDIE BERNICE JOHNSON Had I been present, I would have voted which is why I’m proud that this legislation en- NAY on Roll Call No. 143. courages dog training therapy for veterans. OF Congress can, and must, give veterans the IN THE HOUSE OF REPRESENTATIVES f opportunity to utilize the treatments that work Monday, May 17, 2021 PUPPIES ASSISTING WOUNDED best for them. Ms. JOHNSON of Texas. Mr. Speaker, the SERVICEMEMBERS FOR VET- f ERANS THERAPY ACT COVID–19 pandemic has created enormous HONORING FIREFIGHTER CHARLIE disruptions to the scientific enterprise. The TEETS II Committee on Science, Space, and Tech- SPEECH OF nology held two hearings to explore the chal- HON. SHEILA JACKSON LEE lenges and learn what is needed to help the HON. JOHN JOYCE OF TEXAS OF PENNSYLVANIA scientific community recover. Researchers and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES their students were kept away from the lab, significantly slowing progress on the research Wednesday, May 12, 2021 Tuesday, May 18, 2021 and limiting opportunities for mentoring. Re- Ms. JACKSON LEE. Madam Speaker, I rise Mr. JOYCE of Pennsylvania. Madam Speak- search facilities were shuttered and con- in strong support of H.R. 1448, the ‘‘PAWS for er, I rise today to recognize Firefighter Charlie ferences cancelled. Travel restrictions resulted Veterans Therapy Act,’’ which is bipartisan Teets II for his 21 years of service with the in missed field campaigns and kept inter- legislation that directs the Secretary of Vet- Meyersdale Volunteer Fire Department in national students from joining their research erans Affairs to carry out a pilot program on Somerset County, Pennsylvania. groups on campus. These setbacks affected dog training therapy, and to amend title 38 of Firefighters’ commitment and service to our researchers and students across all scientific the United States Code to authorize the Sec- community are invaluable. Volunteer fire- disciplines. Women and historically underrep- retary of Veterans Affairs to provide service fighters often are called on to respond to resented groups were particularly affected. dogs to veterans with mental illnesses who do emergencies of all types. From battling struc- While the full cost of the pandemic in terms of not have mobility impairments. ture fires to conducting search and rescue op- lost research is not yet known, the Director of This legislation will reduce veteran suicide erations, volunteer firefighters respond imme- the National Institutes of Health (NIH) esti- connected to mental health conditions by diately whenever disaster strikes. These he- mates that NIH alone lost $16 billion of re- partnering veterans experiencing symptoms of roes often go above and beyond—they teach search and the Director of the National PTSD and other post-deployment issues with first aid, educate students about fire and other Science Foundation (NSF) put the figure at $3 service dogs through a Department of Vet- dangerous hazards, and even install car safety billion for NSF-funded research. erans Affairs pilot program. seats for children. Through their diverse and I am deeply concerned that these disrup- Dog therapy programs have a track record often-difficult work, volunteer firefighters pro- tions will have long-lasting consequences for of reducing symptoms associated with PTSD, vide lifesaving services and are a staple of our the research ecosystem. One of the most ur- and through this pilot program, veterans are local community. gent challenges we face is the potentially irre- expected to experience an improved quality of Firefighter Teets has worked throughout his versible loss of research talent. The financial life and ability to reenter society as well as in- career to serve the people of Somerset Coun- pressures of the pandemic forced many uni- creased chances of survival. ty. On behalf of Pennsylvania’s 13th Congres- versities to institute hiring freezes for faculty Many veterans have had their lives sional District, I thank him for his work to propositions. The STEM faculty job market con- changed—in some cases, saved—by service tect life and property in our community and

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.011 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS May 18, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E541 wish him continued health, safety, and suc- Draper, a Director of Health Care at the U.S. will undoubtedly be missed by those who have cess. Government Accountability Office (GAO), on worked closely with her. My House Committee f the occasion of her upcoming retirement. Dr. on Veterans’ Affairs colleagues and I, and our IN RECOGNITION OF LANDON Draper spent 14 years of her career at GAO, staffs, congratulate her and wish her well in BAILEY primarily overseeing evaluations of federal her richly deserved retirement. health care services for veterans and military HON. LAUREN UNDERWOOD servicemembers. Dr. Draper brought with her f OF ILLINOIS to GAO more than 25 years of experience in health care administration, health services re- H.R. 210, RURAL STEM EDUCATION IN THE HOUSE OF REPRESENTATIVES RESEARCH ACT Tuesday, May 18, 2021 search, and health care consulting, as well as a Ph.D. in Health Services Organization and Ms. UNDERWOOD. Madam Speaker, I rise Research. to recognize Landon Bailey for his service in As she retires, Dr. Draper will leave a last- HON. EDDIE BERNICE JOHNSON my office in Washington, D.C. ing legacy—not only at GAO, but at the U.S. OF TEXAS Landon joined our office as scheduler at the Department of Veterans Affairs (VA) and here IN THE HOUSE OF REPRESENTATIVES beginning of the coronavirus pandemic. As our in Congress. As Chairman of the House Com- office transitioned to maximum telework status Tuesday, May 18, 2021 mittee on Veterans’ Affairs, I am especially in March 2020 and we learned to serve Illinois’ grateful for the work Dr. Draper and her teams 14th District remotely, Landon played an inte- Ms. JOHNSON of Texas. Madam Speaker, have done for this committee. As a Director at gral role. He enthusiastically rolled up his I was proud to join Ranking Member Lucas in sleeves and demonstrated patience, persever- GAO, Dr. Draper has issued at least 80 writ- introducing his Rural STEM Education Re- ance, and dedication to learning a new job, inten products, more than 45 of which were research Act. Access to high-quality STEM edu- tegrating with a new team, and serving the ports or written testimony prepared at the re- cation has too long been place-based. For stu- people of the 14th District of Illinois, all without quest or mandate of the House Committee on dents who grow up in rural areas of this coun- the benefit of ever working in a physical office Veterans’ Affairs. Dr. Draper and her teams try, even in states that boast some of the environment or meeting his colleagues face- have made hundreds of recommendations to world’s best research universities, a STEM ca- to-face. While taking on that particular chal- improve the delivery of health care services to reer may seem unattainable. Many rural stu- lenge is an experience shared by more than a our nation’s veterans, the majority of which dents have never met a practicing scientist or few Americans during the coronavirus pan- have been implemented. engineer. Their teachers often struggle with demic, the grace, humor, and kindness with Since 2010, Dr. Draper has testified at 12 limited resources for the STEM curriculum. It which he approached the challenge sets him hearings convened by the House Committee is unlikely that their schools have well apart. on Veterans’ Affairs or its Subcommittees. She equipped science laboratories that may pro- During his tenure, Landon shifted our exter- has been a trusted voice and provided mean- vide hands-on experiences that are known to nal and internal scheduling processes from a ingful insights on numerous issues within the inspire scientific curiosity and a love of STEM primarily in-person operation to a primarily vir- Committee’s jurisdiction. However, Dr. Drap- at an early age. The nearest science museum tual operation. He learned and taught others er’s most significant contributions as a hearing may be too far for a field trip, if the district can how to Zoom, use Teams, and participate in witness have been on the topic of veterans’ even afford to transport them. And broadband hearings via WebEx—and often navigate mul- wait times for appointments at VA medical fa- access remains an urgent challenge. tiple virtual events simultaneously. He liaised cilities, an issue that captured nationwide Yet we know with certainty that talent for with hundreds of constituents and made sure media attention in 2014. Dr. Draper’s testi- science has nothing to do with one where is each of them was able to connect with our of- mony and subsequent reports on this topic born, any more than it has to do with the color fice. Without his efforts, our District would not has been invaluable to helping the Committee of one’s skin or one’s gender. Our country is have been as well-served during this chal- understand VA’s appointment scheduling proc- filled with smart young people from all back- lenging time. esses and the lack of transparency in VA’s re- Landon’s collegiality, get-it-done attitude, grounds who may one day contribute to our ported wait times. Dr. Draper’s body of work science and innovation leadership. In fact, we and grace under pressure were invaluable as- will continue to guide the Committee’s over- sets as we worked to keep our community need them to contribute to our science and in- sight in this area, even after her retirement. novation future if we are to continue to com- safe, healthy, and informed in this unprece- In 2015, GAO added VA health care to its pete on the global stage and develop solutions dented year. biennial High Risk List, which focuses atten- to our most pressing challenges. But these Prior to joining my staff, Landon earned a tion on federal programs and government op- young people must first see it as a possibility Bachelor’s degree in Political Science from erations that are most vulnerable to waste, for themselves, and that starts with access to Delaware State University, where he was a fraud, abuse, and mismanagement. In desig- high-quality STEM education and hands-on remember of Iota Phi Theta Fraternity, Inc. and nating VA health care as a high-risk area, search experiences in their local schools. The Men of Color Alliance. He is currently pur- GAO identified five areas of concern: (1) am- suing a Master’s degree in Public Administra- biguous policies and inconsistent processes; The Rural STEM Education Act provides for tion from Wilmington University. I am grateful (2) inadequate oversight and accountability; research and development to increase access he chose to continue his career in public serv- (3) information technology challenges; (4) in- to STEM education opportunities in rural ice by joining my office. Our office will miss his adequate training for VA staff; and (5) unclear schools and to provide teachers with the re- daily updates on our morning calls, his unfail- sources they need to teach more effectively. ing love for Delaware State University, and his resource needs and allocation priorities. Since 2015, amid significant leadership instability at The bill also directs the National Institute of ability to narrate an impromptu team-building Standards and Technology (NIST) to develop holiday fashion show like a pro. VA, Dr. Draper has diligently monitored the Department’s response to GAO’s high-risk a prize competition to advance research and Madam Speaker, I would like to formally development of creative technologies for ex- thank Landon Bailey for his service to my of- designation, engaging in countless meetings with VA officials and providing ongoing feed- panded broadband access. This bill further fice, to Illinois’s 14th Congressional District, provides for assessments of Federal invest- and to our country. back on the Department’s plans for addressing ments in rural STEM education to be con- f GAO’s five areas of concern. While VA still has a significant amount of work to do to meet ducted by the National Academies and the RECOGNIZING THE RETIREMENT GAO’s criteria for removal from the High Risk Government Accountability Office. OF DR. DEBRA A. DRAPER List, Dr. Draper has established a solid foun- H.R. 210 is a good, bipartisan bill. I am dation for evaluating VA’s future progress. pleased that the House passed it today along HON. MARK TAKANO Please join me in thanking Dr. Draper for with a series of other bills focused on growing, OF CALIFORNIA her many years of dedicated GAO service, diversifying, and strengthening our STEM IN THE HOUSE OF REPRESENTATIVES which will have a lasting impact on veterans, workforce for the future. I look forward to Tuesday, May 18, 2021 VA, and the Congress. Throughout her time at working with Ranking Member Lucas and col- Mr. TAKANO. Madam Speaker, I am GAO, she has been a highly respected leader, leagues in both bodies to enact all of these pleased to honor the service of Dr. Debra A. supervisor, mentor, and colleague, and she bills.

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.015 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS E542 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2021 HONORING FIREFIGHTER JUSTIN pansion of tribal programs that investigate, IN RECOGNITION OF CAPTAIN BLUBAUGH prosecute, and prevent incidents of child GEORGE SIRAGUSA abuse, child neglect, and family violence in In- HON. JOHN JOYCE dian Country. HON. JENNIFER WEXTON OF PENNSYLVANIA American Indian and Alaska Native children OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES and their families who experience child mal- IN THE HOUSE OF REPRESENTATIVES treatment or family violence often have few Tuesday, May 18, 2021 Tuesday, May 18, 2021 opportunities to find accessible, culturally-ap- Mr. JOYCE of Pennsylvania. Madam Speak- propriate services to help them address the Ms. WEXTON. Madam Speaker, I rise today er, I rise today to recognize Firefighter Justin trauma from these events. to congratulate Captain George Siragusa Blubaugh for his 16 years of service with the Furthermore, prevention funding is almost (USN, Ret.) on his retirement as the longtime Meyersdale Volunteer Fire Department in non-existent for this population, removing op- Board Chair for Virginia’s 10th Congressional Somerset County, Pennsylvania. portunities to prevent trauma— before it hap- District, Service Academy Advisory Board. Firefighters’ commitment and service to our pens and avoid families and children slipping Captain Siragusa has served on the board community are invaluable. Volunteer fire- into crisis. since 2010 and as the Virginia District 10 fighters often are called on to respond to The federal government has a solemn re- Board Chairman since 2014. The board has a emergencies of all types. From battling struc- sponsibility to ensure that the most vulnerable body of over fifty military officers who annually ture fires to conducting search and rescue op- members of Indigenous communities—chil- screen high school students applying for a erations, volunteer firefighters respond imme- dren—are protected. Congressional Nomination, a requirement for diately whenever disaster strikes. These he- Guarding against crimes committed against eligibility to obtain an appointment to the four roes often go above and beyond—they teach our Native communities will always be one of Federal Service Academies. Under Captain first aid, educate students about fire and other my highest priorities, and this bill is a strong Siragusa’s leadership, the board has success- dangerous hazards, and even install car safety step in the right direction. fully recommended nomination and subse- seats for children. Through their diverse and Native communities must have the support quent admission to over 150 future members often-difficult work, volunteer firefighters pro- and resources necessary to help children of the United States Armed Services to the vide lifesaving services and are a staple of our learn, grow, and live healthy lives. four service academies. In addition to his lead- local community. In Texas and across the country, too many ership to the board members, Captain Firefighter Blubaugh has worked throughout Indigenous children have been victims of vio- Siragusa has served as an advisor and men- his career to serve the people of Somerset lence, abuse, and neglect. tor to many of the candidates as they entered County. On behalf of Pennsylvania’s 13th The Federal government has an urgent re- this rigorous and challenging endeavor. Congressional District, I thank him for his work sponsibility to these children, and we should Outside of his service with the Federal Serv- to protect life and property in our community be doing all that we can to help them secure ice Academy Advisory Board, Captain and wish him continued health, safety, and a bright future. Siragusa is a private sector consulting firm en- success. This legislation fulfills a promise made years trepreneur, investor, and adviser. He is also a seasoned leader-instructor at the university f ago to address the impact of abuse of Native children in federally-run boarding schools and level for 10 years, having taught at the United NATIVE AMERICAN CHILD prevent anything like it from ever happening States Naval Academy, George Washington PROTECTION ACT again. University, Wake Forest University, and cur- This promise was never fulfilled because rently George Mason University where he is SPEECH OF these programs were never funded, and the an adjunct professor at their Volgenau School HON. SHEILA JACKSON LEE Tribes never received the support they need- of Engineering. He also serves as a Senior Business Adviser and Counselor to over 100 OF TEXAS ed. clients in his portfolio at the George Mason’s IN THE HOUSE OF REPRESENTATIVES This is why we must pass this bill: to finally uphold our responsibility to help Tribes ensure Enterprise Center’s Small Business Develop- Wednesday, May 12, 2021 that Native American children are safe and ment Center. I congratulate Captain Siragusa on his re- Ms. JACKSON LEE. Madam Speaker, I rise healthy. in strong support of H.R. 1688, the ‘‘Native This legislation will help ensure that the tirement and thank him for his service to Vir- American Child Protection Act,’’ (‘‘NACPA’’) Federal government is upholding its commit- ginia’s 10th Congressional District. I wish which authorizes three programs aimed at en- ments to help tribes and tribal organizations nothing but the best in all his future endeav- suring that Tribes have the tools they need to protect the next generation. ors. treat, prevent, investigate, and prosecute in- Every Native child must have access to f stances of family violence, child abuse, and community-based, culturally appropriate serv- HONORING FIREFIGHTER RICK child neglect involving Native American chil- ices that help them grow up safe, healthy, and SANNER dren and families. spiritually strong—free from abuse, neglect, The original version of these programs sexual exploitation, and the damaging effects HON. JOHN JOYCE passed as part of then-Senator John McCain’s of substance abuse. OF PENNSYLVANIA Indian Child Protection and Family Violence For this reason, I ask my colleagues on IN THE HOUSE OF REPRESENTATIVES Prevention Act, but the programs were never both sides of the aisle to vote in support of Tuesday, May 18, 2021 fully funded and have not been reauthorized H.R. 1688. by Congress. f Mr. JOYCE of Pennsylvania. Madam Speak- This legislation would do the following: er, I rise today to recognize Firefighter Rick Establish a new National Indian Resource PERSONAL EXPLANATION Sanner for his 26 years of service with the Services Center to provide tribes with tech- Meyersdale Volunteer Fire Department in nical assistance, advice, and training on ad- HON. MICHAEL K. SIMPSON Somerset County, Pennsylvania. dressing child abuse, family violence, and OF IDAHO Firefighters’ commitment and service to our child neglect. IN THE HOUSE OF REPRESENTATIVES community are invaluable. Volunteer fire- Support efforts to improve intergovernmental fighters often are called on to respond to coordination between federal and tribal per- Tuesday, May 18, 2021 emergencies of all types. From battling struc- sonnel responding to those issues. Mr. SIMPSON. Madam Speaker, on Roll ture fires to conducting search and rescue op- Authorize grants through the Indian Child Call No. 138 on Agreeing to the Waters of erations, volunteer firefighters respond imme- Abuse Treatment Grant Program to establish California Part B Amendment En Bloc No. 1 diately whenever disaster strikes. These he- treatment programs and culturally appropriate for H.R. 2547, the Comprehensive Debt Col- roes often go above and beyond—they teach services for the victims of child abuse and ne- lection Improvement Act and Roll Call No. 143 first aid, educate students about fire and other glect in Indian Country. on passage for H.R. 1065, the Pregnant Work- dangerous hazards, and even install car safety Authorize formula grants to Tribes under the ers Fairness Act, I was unable to vote. seats for children. Through their diverse and Indian Child Protection and Family Violence Had I been present, I would have voted often-difficult work, volunteer firefighters pro- Prevention Program to support the hiring of NAY on Roll Call No. 138, and YEA on Roll vide lifesaving services and are a staple of our caseworkers and the establishment and ex- Call No. 143. local community.

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.019 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS May 18, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E543 Firefighter Sanner has worked throughout vides for increased transparency, account- The court fundamentally agreed with Stand- his career to serve the people of Somerset ability, and accessibility of Federal STEM edu- ing Bear, writing, ‘‘That an Indian is a PER- County. On behalf of Pennsylvania’s 13th cation and research funding for MSIs. The bill SON within the meaning of the laws of the Congressional District, I thank him for his work directs the Government Accountability Office United States . . .’’ to protect life and property in our community to compile an inventory of programs targeted Following the decision, the judge released and wish him continued health, safety, and to MSIs and make recommendations for how Standing Bear and his people, and they re- success. agencies can increase competitiveness of turned to their lands by the Niobrara where f MSIs in such programs. The bill also supports Standing Bear finally buried his son. research on the challenges and successes The Chief Standing Bear National Historic MSI STEM ACHIEVEMENT ACT MSIs have had in contributing to the STEM Trail tracks the 550-mile path traces the jour- workforce, including support for MSI Centers ney the native Poncas were forced to make in SPEECH OF of Innovation to help scale up successful prac- 1877 to Indian Territory in present-day Okla- HON. EDDIE BERNICE JOHNSON tices pioneered at MSIs. Finally, the bill re- homa. OF TEXAS quires the Office of Science and Technology The trail also marks the route the tribe took IN THE HOUSE OF REPRESENTATIVES Policy (OSTP) to issue policy guidance for in 1879, when they returned to their home- lands in present-day Nebraska. Monday, May 17, 2021 Federal science agencies to improve outreach to MSIs in order to increase awareness of and The nation has invested a great deal in pro- Ms. JOHNSON of Texas. Mr. Speaker, the competitiveness in agency funding opportuni- tecting national parks and historic places due United States is facing grave challenges on ties. to their unique beauty, typographical features, many fronts. We are only beginning to emerge I want to thank Rep. WALTZ for joining me or historic relevance. from a global pandemic, with the outlook still in introducing this bipartisan legislation. I also The stories that make up the American ex- uncertain. Our critical infrastructure, our Fed- want to thank the 24 organizations and institu- perience have, for far too long, been limited to eral agencies, and companies across all sections that have endorsed H.R. 2027. those of one group of Americans. tors are being hacked. We are racing to miti- MSIs have charted a course to developing The limited view of what is of value or inter- gate the destructive effects of climate change. the diverse STEM workforce we need to en- est to the American public has changed with Our economic competitiveness is threatened sure continued leadership in science and inno- the establishment of a Native American His- as competitors like China invest heavily in vation. Let us empower these institutions, and tory Museum and most recently the opening of science and technology. others, to build on that success. I look forward the National African American History and Cul- To solve these problems, we need a cadre to seeing a companion in the Senate and ture on the Mall. of trained scientists and engineers pushing the working with my colleagues in both bodies to The ‘‘whites-only’’ version of American his- boundaries of what we know and what we can get this legislation enacted. tory must end and at the same time we can achieve. So far, we have led the world in f make room for other American stories. science and innovation with a STEM work- The history of the United States is more force that does not come close to representing CHIEF STANDING BEAR NATIONAL complex and immensely richer than would be the diversity of our nation. When a Black HISTORIC TRAIL FEASIBILITY apparent if we only consider the history of one woman, Dr. Kizzmekia Corbett, is at the center STUDY group of people. of developing the mRNA vaccine that is help- For this reason, last Congress I rose in sup- SPEECH OF ing us conquer the pandemic, we treat it as port of the Emancipation National Historic Trail exceptional, instead of expected. If we main- HON. SHEILA JACKSON LEE Act, which helped establish the Emancipation tain such a narrow perspective on who should OF TEXAS National Historical Trail, which will tell the be a scientist, if we continue to leave behind IN THE HOUSE OF REPRESENTATIVES story of African Americans and will preserve so much of our nation’s brainpower, we can- Wednesday, May 12, 2021 for future generations the rich history of the not succeed. newlyfreed slaves who journeyed to Houston Ms. JACKSON LEE. Madam Speaker, I rise The good news is, we have highly success- in search of economic and political oppor- in strong support of H.R. 810, legislation which ful models for increasing the diversity of STEM tunity, and greater religious and cultural free- authorizes the Department of the Interior to graduates. Minority serving institutions have dom. conduct a feasibility study of the Chief Stand- long played a critical role in training and edu- Similarly, the development and designation ing Bear National Historic Trail. of the Chief Standing Bear trail is one more cating students of color in STEM fields. Stu- From his birth on the banks of the Niobrara dent bodies at Historically Black Colleges and important step in the ongoing goal to educate River in Nebraska until his death in 1908, the public about Chief Standing Bear and the Universities (HBCUs), Tribal Colleges and Uni- Chief Standing Bear spent his life in a con- versities (TCUs), and Hispanic Serving Institu- Ponca tribe’s forced relocation to Oklahoma. stant struggle to gain equality and justice for This story transcends race, ethnicity, cul- tions (HSIs) are the most diverse in the nation. Native Americans. These and other minority serving institutions ture, and serves as a starting point to bringing Chief Standing Bear and the Ponca Tribe about a greater understanding of tribal sov- (MSIs) offer access to STEM education and a were forced in 1877 by federal treaty to leave pathway to research or other STEM careers to ereignty, tribal rights, human rights, and equal- their homeland in Nebraska for Indian Territory ity for all peoples. students who might otherwise have limited opin what is now Oklahoma. portunities. MSIs employ tailored initiatives, The establishment of this trail will increase The hardship of travel and the conditions of the general public’s knowledge and awareness policies, and practices that meet students Indian Territory caused the deaths of many where they are, academically, financially, and of the story of Ponca Chief Standing Bear, in- members of the tribe, including Chief Standing cluding his journey to Oklahoma and back and socially, while moving students toward higher Bear’s son. levels of academic achievement. the historic court case in Omaha. Determined to bury his son in his homeland, For this reason, I ask my colleagues on For instance, HBCUs play an outsized role Chief Standing Bear led 30 members of his both sides of the aisle to vote in support of in educating African American STEM grad- tribe back to Nebraska, where federal authori- H.R. 810. uates. While HBCUs make up only 3 percent ties detained him. of the nation’s colleges and universities, they As a result, Chief Standing Bear became f graduate 32 percent of African American stu- the first Native American recognized as a per- HONORING FIREFIGHTER RANDY dents earning bachelor’s degrees in the phys- son in a federal court decision rendered in DIRIENZO ical sciences, 29 percent in mathematics, and Omaha at the trial following his return. 27 percent in the biological sciences. One Standing Bear’s case, United States, ex rel. HON. JOHN JOYCE quarter of African Americans with STEM PhDs Standing Bear, v. George Crook, started in OF PENNSYLVANIA earned their bachelor’s degree at an HBCU. May 1879. The U.S. government argued, ‘‘that IN THE HOUSE OF REPRESENTATIVES MSIs have a proven track record of recruit- [Standing Bear] was neither a citizen, nor a ing, retaining, and graduating underrep- person, so he could not sue the government.’’ Tuesday, May 18, 2021 resented minority students with STEM de- Standing Bear’s lawyers argued that under Mr. JOYCE of Pennsylvania. Madam Speak- grees. However, more investment and out- the Fourteenth Amendment, Standing Bear er, I rise today to recognize Firefighter Randy reach is needed to enable MSIs to fully realize and his fellow Ponca were both citizens and Dirienzo for his 36 years of service with the their potential to contribute to the STEM work- people and entitled to the same constitutional Meyersdale Volunteer Fire Department in force. The MSI STEM Achievement Act pro- rights as other citizens of the United States. Somerset County, Pennsylvania.

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.023 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS E544 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2021 Firefighters’ commitment and service to our ing long-standing legacy farms is no easy career to making the world around him a community are invaluable. Volunteer fire- task, and the pressures often become too safer, better place. Mr. Carlson’s continued fighters often are called on to respond to much for farmers. These stressors have been service to both his country and his community emergencies of all types. From battling struc- a large contributing factor to the increasing is worthy of our highest admiration. ture fires to conducting search and rescue op- rate of suicide among farmers. Professor f erations, volunteer firefighters respond imme- Stensrud wants to ensure that farmers in Iowa diately whenever disaster strikes. These he- feel seen and appreciated while honoring their HONORING FIREFIGHTER CRAIG roes often go above and beyond—they teach family’s legacy and incredible accomplish- NOLTE first aid, educate students about fire and other ments. dangerous hazards, and even install car safety If Professor Stensrud’s had one message to HON. JOHN JOYCE seats for children. Through their diverse and leave people with, it would be to show kind- OF PENNSYLVANIA often-difficult work, volunteer firefighters pro- ness and compassion to others. It is essential IN THE HOUSE OF REPRESENTATIVES vide lifesaving services and are a staple of our that we take care of those around us who Tuesday, May 18, 2021 local community. struggle with their mental health or who are in Firefighter Dirienzo has worked throughout a tough situation. His greatest joy and the mo- Mr. JOYCE of Pennsylvania. Madam Speak- his career to serve the people of Somerset tivation he has for being a professor is watch- er, I rise today to recognize Firefighter Craig County. On behalf of Pennsylvania’s 13th ing his graduates go on to positively impact Nolte for his 36 years of service with the Congressional District, I thank him for his work others and make the world a better place. As Meyersdale Volunteer Fire Department in to protect life and property in our community Professor Stensrud would say, you may not Somerset County, Pennsylvania. and wish him continued health, safety, and be able to change the world, but you can Firefighters’ commitment and service to our success. change a life that goes on to save another life, community are invaluable. Volunteer fire- f and another after that. Making people feel fighters often are called on to respond to loved and wanted is the first step, and one I emergencies of all types. From battling struc- HONORING ROBERT STENSRUD AS believe we should all strive to achieve. We ture fires to conducting search and rescue op- IOWAN OF THE WEEK should not allow people to suffer in silence, erations, volunteer firefighters respond imme- rather be an ear for them. It is my honor to diately whenever disaster strikes. These he- HON. CYNTHIA AXNE recognize Professor Robert Stensrud as our roes often go above and beyond—they teach OF IOWA Iowan of the Week. first aid, educate students about fire and other IN THE HOUSE OF REPRESENTATIVES f dangerous hazards, and even install car safety seats for children. Through their diverse and Tuesday, May 18, 2021 IN RECOGNITION OF JOHN often-difficult work, volunteer firefighters pro- Mrs. AXNE. Madam Speaker, as Mental CARLSON’S CAREER IN PUBLIC vide lifesaving services and are a staple of our Health Month begins, I rise to ask the House SERVICE local community. of Representatives to join me in honoring Firefighter Nolte has worked throughout his Drake University Graduate Professor of the HON. MIKE GALLAGHER career to serve the people of Somerset Coun- School of Education’s Department of Leader- OF WISCONSIN ty. On behalf of Pennsylvania’s 13th Congres- ship, Counseling and Adult Development, IN THE HOUSE OF REPRESENTATIVES sional District, I thank him for his work to pro- Robert Stensrud. tect life and property in our community and Professor Stensrud has been serving Iowa Tuesday, May 18, 2021 wish him continued health, safety, and suc- and its residents since he moved from Min- Mr. GALLAGHER. Madam Speaker, today I cess. nesota in 1970. He has dedicated his career rise in honor of the career and service of Ho- f to serving those with mental health needs and bart, Wisconsin resident, Mr. John Carlson. disabilities. He began his post-college career Mr. Carlson’s notable Transportation Secu- VA TRANSPARENCY & TRUST ACT working with the Iowa Department of Edu- rity Administration (TSA) career began in OF 2021 cation’s Rehabilitation Education and Services 2002, serving as the Assistant Federal Secu- SPEECH OF Branch. It was here where he provided voca- rity Director (AFSD) for the Outagamie County tional rehabilitation at the State Mental Health Regional Airport, where he played a major role HON. MARK TAKANO Institute serving inpatients experiencing acute in the start-up of several TSA activities and OF CALIFORNIA psychosis, substance abuse, and related dis- assumed responsibility for day-to-day aviation IN THE HOUSE OF REPRESENTATIVES orders. In this position, he began to under- security. In 2006, he was reassigned as the stand the importance of having a solid, de- AFSD-Generalist at the Austin Straubel Inter- Monday, May 17, 2021 pendable, and loving community. Most people national Airport (GRB) Hub and Spoke Federal Mr. TAKANO. Mr. Speaker, I am pleased to who were released from his care did not have Security Director (FSD) staff where he han- support Representative BOST’s bipartisan leg- a community to return to, so they often strug- dled compliance oversight, customer service, islation, the ‘‘VA Transparency and Trust Act,’’ gled to survive in society. property accountability, safety, and model or H.R. 2911, and for which Representative Professor Stensrud has since dedicated his workplace strategies. PAPPAS, Representative MANN, and I are origi- career to ensuring that all people feel impor- Given his extensive knowledge and leader- nal co-sponsors. This bill provides additional tant and seen. Some of his recent research ship skills, Mr. Carlson would go on to assume oversight for the funds Congress made avail- highlights the childhood to prison pipeline and roles where he was trusted to oversee a ma- able to VA through the Families First school to prison pipeline, where without a jority of TSA operations in four separate air- Coronavirus Response Act and the CARES sense of community and belonging, many indi- ports in northern Wisconsin: Austin Straubel Act in 2020, as well as the American Rescue viduals find themselves in less than ideal cir- International Airport, (GRB), Central Wisconsin Plan which we passed earlier this year. cumstances to combat their feeling of being Airport (CWA), Rhinelander-Oneida County The purpose of H.R. 2911 is to direct the an outcast. Professor Stensrud understood Airport (RHI) and Appleton International Air- Secretary of Veterans Affairs to submit to that in order to make a difference, it is essen- port (ATW formerly Outagamie County Re- Congress a detailed plan for obligating and tial to work with students from a young age to gional Airport). expending coronavirus pandemic funding help combat these issues. Professor Stensrud Before beginning his career of service with made available to the Department of Veterans has done research through a LAUNCH Grant TSA, Mr. Carlson served the United States Affairs by the Families First Coronavirus Re- funded by Drake Head Start and the Iowa De- honorably for twenty years in the U.S. Army sponse Act, the Coronavirus Aid, Relief, and partment of Public Health on how mental as an infantry and military intelligence officer Economic Security, or CARES Act, or the health consultation can help improve coordina- until his retirement in 1995 as a Lieutenant American Rescue Plan Act of 2021. H.R. 2911 tion services for kids and their families, as well Colonel. Mr. Carlson’s dedication and leader- also requires the VA Office of Inspector Gen- as how to train teachers and first responders ship in the state of Wisconsin are incredibly eral to report to Congress semi-annually on to identify signs of trauma in children and act valuable, and the service he provides to VA’s actual expenditures and obligations, accordingly. Northern Wisconsin and his country is remark- comparing it to their detailed plan, and on Professor Stensruds next project will center able. other subjects. Finally, H.R. 2911 requires the around documenting the history and current As we look back on Mr. Carlson’s career, Comptroller General of the United States to operations of legacy farms in Iowa. Maintain- there is no doubt that he dedicated his life and report to Congress twice—in 2022 and 2024—

VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.026 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS May 18, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E545 on VA’s process for developing its funding re- an untold number of children in need of med- sional Civil Rights Pilgrimage. Rev. Morris al- quest, among other subjects. ical assistance through the Shriners Hospital. ways greeted them with enthusiasm, kindness, Since the beginning of the coronavirus pan- Mr. Fraley was a servant leader who believed and appreciation. Upon learning of his pass- demic in early 2020, Congress has provided in helping others, particularly children. ing, they were heartbroken because he taught over $36 billion dollars in supplemental fund- Mr. Fraley was married to his late wife them so much and had earned their respect ing—that is, funds that are in addition to VA’s Becky for 65 years and they had four children. and admiration. annual budget—to fund various pandemic-re- Through his service to his country and to his Along with my youth leaders, I send our lated operations and programs at VA. local community, Mr. Fraley certainly left a heartfelt condolences and love to Rev. Morris’ Specifically, Congress provided to VA: positive mark on this world. Mr. Fraley, a great family, the First Baptist Church family, loved $60 million in the Families First Coronavirus American, passed away on March 19, 2021. I ones, friends, and community. Response Act in March 2020 to support med- am humbled to honor the memory of Mr. Please join me in honoring Rev. E. Baxter ical services and medical community care; James Fraley before the United States Con- Morris and his many contributions to First $19.5695 billion in the Coronavirus Aid, Re- gress. Baptist Church, and the community of Mont- lief, and Economic Security Act in March 2020 f gomery, AL. to support medical services, community care, f medical facilities, informational technology sys- HONORING THE LIFE OF tems, general administration, and other pur- REVEREND E. BAXTER MORRIS HONORING FIREFIGHTER poses; and $16.694 billion in the American CHRISTOPHER ALBRIGHT Rescue Plan Act of 2021 in January 2021 to HON. BARBARA LEE support medical care and health needs, supply OF CALIFORNIA HON. JOHN JOYCE chain modernization, the VA Office of Inspec- IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA tor General, a COVID–19 veteran rapid re- Tuesday, May 18, 2021 IN THE HOUSE OF REPRESENTATIVES training assistance program, and other pur- Tuesday, May 18, 2021 poses. Ms. LEE of California. Madam Speaker, With these significant investments in VA op- today I rise to pay tribute to Reverend E. Bax- Mr. JOYCE of Pennsylvania. Madam Speak- erations and programs, legislation is needed ter Morris, the ninth and longest-serving pastor er, I rise today to recognize Firefighter Chris- to ensure that VA efficiently and effectively ob- of the iconic First Baptist Church in Mont- topher Albright for his 5 years of service with ligates and spends these funds to achieve De- gomery, Alabama. the Meyersdale Volunteer Fire Department in partment goals. The legislation provides ongo- Rev. Morris was a graduate of Selma Uni- Somerset County, Pennsylvania. ing oversight opportunities for relevant Con- versity with a Bachelor of Theology Degree. Firefighters’ commitment and service to our gressional committees until all funds have He studied at Alabama State University, community are invaluable. Volunteer fire- been expended and provides for the VA Office Samford University Extension Division, and fighters often are called on to respond to of Inspector General and the Government Ac- the National Baptist Congress of Christian emergencies of all types. From battling struc- countability Office to provide intermittent re- Education. When he was still in school at ture fires to conducting search and rescue op- views of VA’s spending and allocation proc- Selma University, Rev. Morris was selected as erations, volunteer firefighters respond imme- ess, similar to prior reporting. First Baptist Church’s newest pastor in 1972. diately whenever disaster strikes. These he- H.R. 2911 adds to the existing oversight on The First Baptist Church was founded by roes often go above and beyond—they teach VA’s spending. It will enable greater trans- 700 newly freed Black citizens after the Eman- first aid, educate students about fire and other parency for Congress and the public to ensure cipation Proclamation was recognized in Mont- dangerous hazards, and even install car safety that these funds are spent wisely to support gomery in 1866. Church members completed seats for children. Through their diverse and critical VA programs and services as we re- the first church in 1867 on Columbus Street. often-difficult work, volunteer firefighters pro- cover from the COVID–19 pandemic. The Columbus Street Church was destroyed vide lifesaving services and are a staple of our f by a fire, but was painstakingly rebuilt brick by local community. brick using any bricks the parishioners could Firefighter Albright has worked throughout IN MEMORY OF JAMES FRALEY find. Completed in 1915, it became affection- his career to serve the people of Somerset ately known as the ‘‘Brick A Day’’ Church. County. On behalf of Pennsylvania’s 13th HON. ANDY BARR The First Baptist Church played a pivotal Congressional District, I thank him for his work OF KENTUCKY role in the civil rights movement. Under the to protect life and property in our community IN THE HOUSE OF REPRESENTATIVES pastorship of Rev. Ralph D. Abernathy, it be- and wish him continued health, safety, and came a meeting place for historic civil rights success. Tuesday, May 18, 2021 leaders. In 1961, it served as refuge for Free- f Mr. BARR. Madam Speaker, I would like to dom Riders who were subjected to mob vio- honor a special Kentuckian, Mr. James Fraley, lence at the Montgomery Greyhound Bus Sta- HONORING ROBERT J. FINE, JR., from Bath County, Kentucky. tion and was the target of a Klu Klux Klan at- OF ADMIRAL FARRAGUT ACAD- Mr. Fraley was born May 7, 1928 in Mid- tack when Dr. Martin Luther King Jr. and other EMY land, Kentucky to World War I veteran Burns civil rights icons were worshipping inside. Fraley and Austa Fraley. He graduated from For almost 50 years, Rev. Morris led the HON. CHARLIE CRIST Salt Lick High School in 1948. After gradua- Brick A Day congregation and made it his mis- OF FLORIDA tion, he enlisted in the United States Air sion to acknowledge and preserve its rich his- IN THE HOUSE OF REPRESENTATIVES Force, where he served in Korea, Japan, and tory, while also continuing the church’s legacy stateside for 4 years. He was honorably dis- of progress and social change. In addition to Tuesday, May 18, 2021 charged in October of 1954. shepherding his own congregation, Rev. Mor- Mr. CRIST. Madam Speaker, I rise today to Following his military service, Mr. Fraley ris served in various roles at several other reli- honor the outstanding contributions of Robert worked as one of the early Texas Eastern gious organizations, including the Mont- J. ‘‘Bob’’ Fine, Jr., Headmaster of Admiral Far- Transmission Pipeline employees in Wyoming gomery-Antioch District Association of Baptist ragut Academy in St. Petersburg, Florida. for 35 years. After retiring, he drove a bus for Churches and Missionary for the Alabama Mr. Fine is retiring from Admiral Farragut Bath County Schools for 20 years, worked at Baptist South East District State Convention. Academy after more than 30 years of service Keeneland, was a 30-year member of the Uni- He also dedicated more than 20 years of serv- as an educator, administrator, coach, and versity of Kentucky’s 101 Club, and served on ice to the Montgomery Police Department as leader in our local community. He first joined the Owingsville City Council. He was a 71- chaplain. the school as a math teacher in 1989 and has year member of the Free and Accepted Ma- Rev. Morris was a pillar in his community served as Headmaster for more than two dec- sons of Kentucky, where he served in several and the true epitome of a servant leader. ades, beginning in 1998. leadership roles. Mr. Fraley was also a mem- Buoyed by the strength and example of his Mr. Fine is admired and beloved by hun- ber of the Scottish Rite, the York Rite, Oleika predecessors, Rev. Morris lived his life to give, dreds of Farragut families and leaves an ex- Shrine Temple, and the Royal Order of Scot- to support, and to uplift his fellow man. traordinary legacy in the K–12 school’s history. land. In 2018, Mr. Fraley received the Bath Every year, I bring young people from the Under his exceptional leadership, the unique County Community Service Award in recogni- Martin Luther King Jr. Freedom Center in Oak- naval preparatory mission of Admiral Farragut tion for all the help and support he provided to land, CA on the Faith and Politics Congres- Academy has endured since 1933, inspiring

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VerDate Sep 11 2014 05:55 May 19, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.034 E18MYPT1 dlhill on DSK120RN23PROD with REMARKS Tuesday, May 18, 2021 Daily Digest Senate Senate agreed to the motion to proceed to Legisla- Chamber Action tive Session to consider the motion to proceed to Routine Proceedings, pages S2553–S2744 consideration of the joint resolution. Page S2569 Measures Introduced: Twenty-eight bills and six A unanimous-consent agreement was reached pro- resolutions were introduced, as follows: S. viding for further consideration of the joint resolu- 1664–1691, and S. Res. 219–224. Pages S2573–74 tion at approximately 10:30 a.m., on Wednesday, May 19, 2021; and that all time on the joint resolu- Measures Passed: tion be considered expired at 12 noon. Page S2744 National Sexual Assault Awareness and Preven- Appointments: tion Month: Senate agreed to S. Res. 222, recognizing and supporting the goals and ideals of Na- Joint Committee on Taxation: The Chair an- tional Sexual Assault Awareness and Prevention nounced, on behalf of the Committee on Finance, pursuant to section 8002 of title 26, U.S. Code, the Month. Page S2743 designation of the following Senators as members of 100th Anniversary of Columbia Heights, Min- the Joint Committee on Taxation: Senators Wyden, nesota: Senate agreed to S. Res. 223, congratulating Stabenow, Cantwell, Crapo, and Grassley. Page S2743 the city of Columbia Heights, Minnesota, on its Motion to Discharge Clarke Nomination: By 50 100th anniversary. Pages S2743–44 yeas to 48 nays (Vote No. 193), Senate agreed to the Measures Considered: motion to discharge the nomination of Kristen M. Endless Frontier Act: Senate began consideration of Clarke, of the District of Columbia, to be an Assist- S. 1260, to establish a new Directorate for Tech- ant Attorney General, Department of Justice, from nology and Innovation in the National Science Foun- the Committee on the Judiciary. Subsequently, the dation, to establish a regional technology hub pro- nomination was placed on the Executive Calendar gram, to require a strategy and report on economic pursuant to the provisions of S. Res. 27, relative to security, science, research, innovation, manufac- Senate procedure in the 117th Congress. Page S2569 turing, and job creation, to establish a critical supply Prior to the consideration of the motion to dis- chain resiliency program, after agreeing to the mo- charge, Senate took the following action: tion to proceed, withdrawing the committee re- Senate agreed to the motion to proceed to Execu- ported amendment, and taking action on the fol- tive Session to consider the motion to discharge the lowing amendment proposed thereto: Pages S2555–69 nomination from the Committee on the Judiciary. Pending: Page S2569 Schumer Amendment No. 1502, in the nature of Nomination Discharged: The following nomina- a substitute. Page S2568 tion were discharged from further committee consideration and placed on the Executive Calendar: EEOC Congressional Review Act—Agreement: Kristen M. Clarke, of the District of Columbia, to Senate began consideration of S.J. Res. 13, providing be an Assistant Attorney General, which was sent to for congressional disapproval under chapter 8 of title the Senate on January 20, 2021, from the Senate 5, United States Code, of the rule submitted by the Committee on the Judiciary. Page S2569 Equal Employment Opportunity Commission relating to ‘‘Update of Commission’s Conciliation Proce- Messages from the House: Pages S2572–73 dures’’. Pages S2569–70 Measures Referred: Page S2573 During consideration of this measure today, Senate Additional Cosponsors: Pages S2574–75 also took the following action: By 50 yeas to 49 nays (Vote No. 194), Senate Statements on Introduced Bills/Resolutions: agreed to the motion to proceed to consideration of Pages S2575–80 the joint resolution. Pages S2569–70 Additional Statements: Page S2572 D533

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Amendments Submitted: Pages S2580–S2743 Kagan Sternhell, City of New York Office of Federal Authorities for Committees to Meet: Page S2743 Affairs, and R.J. Lehmann, International Center for Law and Economics, both of New York, New York. Record Votes: Two record votes were taken today. (Total—194) Pages S2569–70 PROTECTING KIDS ONLINE Adjournment: Senate convened at 10 a.m. and ad- Committee on Commerce: Subcommittee on Consumer journed at 6:59 p.m., until 10:30 a.m. on Wednes- Protection, Product Safety, and Data Security con- day, May 19, 2021. (For Senate’s program, see the cluded a hearing to examine protecting kids online, remarks of the Majority Leader in today’s Record on focusing on internet privacy and manipulative mar- page S2744.) keting, after receiving testimony from Angela J. Campbell, Campaign for a Commercial-Free Child- Committee Meetings hood, Washington, D.C.; Serge Egelman, Inter- national Computer Science Institute, Berkeley, Cali- (Committees not listed did not meet) fornia; and Beeban Kidron, 5Rights Foundation, NATIONAL GUARD AND RESERVE London, United Kingdom. Committee on Appropriations: Subcommittee on Defense INTERNATIONAL TRAVEL AND TOURISM concluded a hearing to examine the National Guard Committee on Commerce: and Reserve, after receiving testimony from General Subcommittee on Tourism, Daniel R. Hokanson, Chief of the National Guard Trade, and Export Promotion concluded a hearing to Bureau, Lieutenant General Jody J. Daniels, Chief of examine reviving international travel and tourism to the Army Reserve, Vice Admiral John B. Mustin, create and restore jobs, after receiving testimony Chief of the Navy Reserve, Lieutenant General David from William D. Talbert, III, Greater Miami Con- G. Bellon, Commander, Marine Forces Reserve, and vention and Visitors Bureau, Miami, Florida; Chris- Lieutenant General Richard W. Scobee, Chief of the topher L. Thompson, Brand USA, Tallahassee, Flor- Air Force Reserve, all of the Department of Defense. ida; and Rosemary A. Vassiliadis, Clark County De- partment of Aviation, Las Vegas, Nevada. NOMINATION Committee on Armed Services: Committee concluded a NOMINATIONS hearing to examine the nomination of General Paul Committee on Energy and Natural Resources: Committee J. LaCamera, USA, for reappointment to the grade concluded a hearing to examine the nominations of of general and to be Commander, United Nations Robert T. Anderson, of Washington, to be Solicitor, Command/Combined Forces Command/United States who was introduced by Senator Cantwell, Shannon Forces Korea, Department of Defense, after the Aneal Estenoz, of Florida, to be Assistant Secretary nominee testified and answered questions in his own for Fish and Wildlife, and Tanya Marie Trujillo, of behalf. New Mexico, to be an Assistant Secretary, who was DEFENSE INDUSTRIAL BASE introduced by Senator Heinrich, all of the Depart- ment of the Interior, after the nominees testified and Committee on Armed Services: Subcommittee on Cyber- answered questions in their own behalf. security concluded a hearing to examine the cybersecurity of the defense industrial base, after receiving INFRASTRUCTURE testimony from Jesse Salazar, Deputy Assistant Sec- Committee on Finance: retary for Industrial Policy, and Rear Admiral Wil- Committee concluded a hearing liam E. Chase III, USN, Deputy Principal Cyber Ad- to examine funding and financing options to bolster visor to the Secretary and Director of Protecting American infrastructure, after receiving testimony Critical Technology Task Force, both of the Depart- from Joseph Kile, Director of Microeconomics Anal- ment of Defense. ysis, Congressional Budget Office; Victoria F. Sheehan, American Association of State Highway and NATIONAL FLOOD INSURANCE PROGRAM Transportation Officials, and Heather Buch, National Committee on Banking, Housing, and Urban Affairs: Association of Counties, both of Washington, D.C.; Committee concluded a hearing to examine reauthor- and Shirley Bloomfield, NTCA—The Rural ization of the National Flood Insurance Program, Broadband Association, Arlington, Virginia. after receiving testimony from Chad Berginnis, Asso- ciation of State Floodplain Managers, Inc., Madison, ROLE OF DHS OFFICE OF INTELLIGENCE Wisconsin; Velma Smith, The Pew Charitable AND ANALYSIS Trusts, and Steve Ellis, Taxpayers for Common Committee on Homeland Security and Governmental Af- Sense, both of Washington, D.C.; and Rebecca fairs: Committee concluded a hearing to examine the

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role of the Department of Homeland Security’s Of- on behalf of the Main Street Alliance, and Elizabeth fice of Intelligence and Analysis, after receiving testi- Milito, National Federation of Independent Business, mony from Francis X. Taylor, former Under Sec- all of Washington, D.C.; and Marianne McManus, retary of Homeland Security for Intelligence and IBM, Westchester, New York, on behalf of the Analysis, and Patricia F.S. Cogswell, Guidehouse, American Benefits Council. both of Washington, D.C.; Mike Sena, National Fu- sion Center Association, San Francisco, California; NOMINATIONS and Faiza Patel, New York University School of Law Brennan Center for Justice, New York, New York. Select Committee on Intelligence: Committee concluded a hearing to examine the nominations of Christopher PAID LEAVE FOR WORKING FAMILIES Charles Fonzone, of Pennsylvania, to be General Committee on Health, Education, Labor, and Pensions: Counsel of the Office of the Director of National In- Committee concluded a hearing to examine paid telligence, and Brett M. Holmgren, of Minnesota, to leave for working families, focusing on examining be an Assistant Secretary of State (Intelligence and access, options, and impacts, after receiving testi- Research), who was introduced by Senator Klo- mony from Vicki Shabo, New America, Marcia St. buchar, after the nominees testified and answered Hilaire Finn, Bright Start Early Care and Preschool, questions in their own behalf. h House of Representatives COVID–19 Fraud Prevention Act: H.R. 2959, Chamber Action amended, to establish the Consumer and Investor Public Bills and Resolutions Introduced: 35 pub- Fraud Working Group to help protect consumers lic bills, H.R. 3290–3324; and 4 resolutions, H. and investors from fraud during the COVID–19 Res. 410–413 were introduced. Pages H2539–41 pandemic, to assist consumers and investors affected Pages H2463–64 Additional Cosponsors: Pages H2542–43 by such fraud; and Report Filed: A report was filed today as follows: COVID–19 Hate Crimes Act: S. 937, to facilitate the expedited review of COVID–19 hate crimes, by H. Res. 409, providing for consideration of the 2 bill (H.R. 3233) to establish the National Commis- a ⁄3 yea-and-nay vote of 364 yeas to 62 nays, Roll sion to Investigate the January 6 Attack on the No. 145. Pages H2464–72, H2479 United States Capitol Complex, and for other pur- Fairness in Orphan Drug Exclusivity Act and poses; and providing for consideration of the bill Condemning the horrific shootings in Atlanta, (H.R. 3237) making emergency supplemental appro- Georgia, on March 16, 2021, and reaffirming the priations for the fiscal year ending September 30, House of Representative’s commitment to com- 2021, and for other purposes (H. Rept. 117–38). bating hate, bigotry, and violence against the Page H2539 Asian-American and Pacific Islander community—Rule for Consideration: The House agreed Recess: The House recessed at 10:52 a.m. and re- to H. Res. 403, providing for consideration of the convened at 12 noon. Page H2431 bill (H.R. 1629) to amend the Federal Food, Drug, Suspensions: The House agreed to suspend the rules and Cosmetic Act with respect to limitations on ex- and pass the following measures: Securing America’s clusive approval or licensure of orphan drugs; pro- Vaccines for Emergencies Act of 2021: H.R. 3146, viding for consideration of the resolution (H. Res. to amend the Defense Production Act of 1950 to en- 275) condemning the horrific shootings in Atlanta, sure the supply of certain medical materials essential Georgia, on March 16, 2021, and reaffirming the to national defense; Pages H2454–56 House of Representative’s commitment to combating hate, bigotry, and violence against the Asian-Amer- COVID–19 Emergency Medical Supplies En- ican and Pacific Islander community, by a yea-and- hancement Act of 2021: H.R. 3125, to enhance au- nay vote of 212 yeas to 206 nays, Roll No. 147, thorities under the Defense Production Act of 1950 after the previous question was ordered by a yea-and- to respond to the COVID–19 emergency, to provide nay vote of 217 yeas to 209 nays, Roll No. 146. additional oversight of such authorities; Pursuant to section 3 of H. Res. 403, House Resolu- Pages H2456–58 tion 398 is hereby adopted. Pages H2473–79, H2480–81

VerDate Sep 11 2014 06:32 May 19, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY1.REC D18MYPT1 dlhill on DSK120RN23PROD with DIGEST D536 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 2021 Suspending the Rules and passing bills en bloc: from Representatives Baird, Feenstra, Gonza´lez- Pursuant to section 5 of H. Res. 403, Representative Colo´n, Hinson, Jackson, Johnson of South Dakota, Hoyer made a motion to suspend the rules and pass Kahele, Lawson of Florida, Malliotakis, and the following bills en bloc, and therefore the order- Westerman. ing of the yeas and nays on postponed motions would be vacated to the end that all such motions MEMBER DAY would be considered as withdrawn: H.R. 144, Committee on Appropriations: Subcommittee on Agri- amended, H.R. 204, amended, H.R. 210, amended, culture, Rural Development, Food and Drug Admin- H.R. 240, H.R. 707, amended, H.R. 711, amended, istration, and Related Agencies held a hearing enti- H.R. 1157, amended, H.R. 1447, amended, H.R. tled ‘‘Member Day’’. Testimony was heard from 1510, amended, H.R. 1711, amended, H.R. 2027, Representatives Hagedorn, Schrier, Fallon, VanDrew, H.R. 2167, amended, H.R. 2441, H.R. 2494, H.R. Jackson Lee, Escobar, Tenney, Rose, Baird, 2533, H.R. 2655, amended, H.R. 2695, H.R. 2704, Krishnamoorthi, and Case. H.R. 2788, H.R. 2878, amended, and H.R. 3008, which was agreed to by a yea-and-nay vote of 350 NATIONAL SECURITY AGENCY AND yeas to 75 nays, Roll No. 148. Pages H2432–54, CYBER COMMAND FY 2022 POSTURE H2458–63, H2482–H2520 Agreed to amend the title of H.R. 1510 so as to Committee on Appropriations: Subcommittee on Defense read: ‘‘To direct the Secretary of Veterans Affairs to held a hearing entitled ‘‘National Security Agency submit to Congress a report on the use of cameras and Cyber Command FY 2022 Posture’’. Testimony in medical facilities of the Department of Veterans was heard from General Paul M. Nakasone, Director, National Security Agency and Commander, Cyber Affairs.’’. Page H2520 Agreed to amend the title of H.R. 2878 so as to Command, Department of Defense. This hearing was read: ‘‘To direct the Secretary of Veterans Affairs to closed. carry out a Native VetSuccess at Tribal Colleges and THE NEED FOR UNIVERSAL BROADBAND: Universities Pilot Program, and for other purposes.’’. LESSONS FROM THE COVID–19 PANDEMIC Page H2520 Committee on Appropriations: Subcommittee on Finan- Condemning the horrific shootings in Atlanta, cial Services and General Government held a hearing Georgia, on March 16, 2021, and reaffirming the entitled ‘‘The Need for Universal Broadband: Lessons House of Representative’s commitment to com- from the COVID–19 Pandemic’’. Testimony was bating hate, bigotry, and violence against the heard from public witnesses. Asian-American and Pacific Islander community: The House considered H. Res. 275, con- AIR FORCE QUALITY OF LIFE AND demning the horrific shootings in Atlanta, Georgia, INSTALLATIONS UPDATE on March 16, 2021, and reaffirming the House of Representative’s commitment to combating hate, Committee on Appropriations: Subcommittee on Mili- bigotry, and violence against the Asian-American tary Construction, Veterans Affairs, and Related and Pacific Islander community. Consideration is ex- Agencies held a hearing entitled ‘‘Air Force Quality pected to resume tomorrow, May 19th. of Life and Installations Update’’. Testimony was Pages H2520–25 heard from Chief Master Sergeant Joanne Bass, Chief Master Sergeant of the Air Force; Brigadier General Senate Message: Message received from the Senate William Kale, Air Force Director of Civil Engineers; by the Clerk and subsequently presented to the Jennifer Miller, Acting Assistant Secretary of the Air House today appears on page H2432. Force for Installations, Environment and Energy; and Quorum Calls—Votes: Four yea-and-nay votes de- Chief Master Sergeant Roger Towberman, Chief veloped during the proceedings of today and appear Master Sergeant of the Space Force. on pages H2479, H2480, H2480–81, and H2519–20. MEMBER DAY Adjournment: The House met at 10 a.m. and ad- Committee on Appropriations: Subcommittee on Labor, journed at 8:40 p.m. Health and Human Services, Education, and Related Agencies held a hearing entitled ‘‘Member Day’’. Committee Meetings Testimony was heard from Representatives Escobar, Fitzpatrick, Higgins of New York, Harder of Cali- MEMBER DAY fornia, Rose, Jackson Lee, Hagedorn, Moore of Wis- Committee on Agriculture: Full Committee held a hear- consin, Barr, Van Drew, Thompson of Pennsylvania, ing entitled ‘‘Member Day’’. Testimony was heard Bilirakis, Case, Bowman, and Mrvan.

VerDate Sep 11 2014 06:32 May 19, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY1.REC D18MYPT1 dlhill on DSK120RN23PROD with DIGEST May 18, 2021 CONGRESSIONAL RECORD — DAILY DIGEST D537 POSTURE AND READINESS OF THE 3243 were ordered reported, as amended. H.R. MOBILITY ENTERPRISE 3223, H.R. 3263, and H.R. 3264 were ordered re- Committee on Armed Services: Subcommittees on Readi- ported, without amendment. ness; and Subcommittee on Seapower and Projection MISCELLANEOUS MEASURES Forces held a joint hearing entitled ‘‘Posture and Readiness of the Mobility Enterprise’’. Testimony Committee on the Judiciary: Full Committee held a was heard from General Stephen Lyons, Commander, markup on H.R. 2922, the ‘‘Elder Abuse Protection U.S. Transportation Command, Department of De- Act of 2021’’; H.R. 2694, the ‘‘Criminal Judicial fense; Lucinda Lessley, Deputy Administrator, U.S. Administration Act of 2021’’; H.R. 2746, to amend Maritime Administration, Department of Transpor- title 28, United States Code, to redefine the eastern tation; and Kevin Tokarski, Associate Administrator and middle judicial districts of North Carolina; H.R. for Strategic Sealift, U.S. Maritime Administration, 3239, to make improvements in the enactment of Department of Transportation. title 41, United States Code, into a positive law title and to improve the Code; and H.R. 3241, to make PROMISES AND PERILS: THE POTENTIAL improvements in the enactment of title 54, United OF AUTOMOBILE TECHNOLOGIES States Code, into a positive law title and to improve Committee on Energy and Commerce: Subcommittee on the Code. H.R. 2922 was ordered reported, as Consumer Protection and Commerce held a hearing amended. H.R. 2694, H.R. 2746, H.R. 3239, and entitled ‘‘Promises and Perils: The Potential of Auto- H.R. 3241 were ordered reported, without amend- mobile Technologies’’. Testimony was heard from ment. public witnesses. UNSUSTAINABLE DRUG PRICES (PART III): EXAMINING BELT AND ROAD: THE TESTIMONY FROM ABBVIE CEO RICHARD LENDING PRACTICES OF THE PEOPLE’S GONZALEZ REPUBLIC OF CHINA AND IMPACT ON THE INTERNATIONAL DEBT ARCHITECTURE Committee on Oversight and Reform: Full Committee held a hearing entitled ‘‘Unsustainable Drug Prices Committee on Financial Services: Subcommittee on Na- (Part III): Testimony from AbbVie CEO Richard tional Security, International Development, and Gonzalez’’. Testimony was heard from public wit- Monetary Policy held a hearing entitled ‘‘Examining nesses. Belt and Road: The Lending Practices of the People’s Republic of China and Impact on the International EMERGENCY SECURITY SUPPLEMENTAL TO Debt Architecture’’. Testimony was heard from pub- RESPOND TO JANUARY 6TH lic witnesses. APPROPRIATIONS ACT, 2021; NATIONAL THE U.S.-AFGHANISTAN RELATIONSHIP COMMISSION TO INVESTIGATE THE FOLLOWING THE MILITARY JANUARY 6 ATTACK ON THE UNITED WITHDRAWAL STATES CAPITOL COMPLEX ACT Committee on Foreign Affairs: Full Committee held a Committee on Rules: Full Committee held a hearing on hearing entitled ‘‘The U.S.-Afghanistan Relationship H.R. 3237, the ‘‘Emergency Security Supplemental Following the Military Withdrawal’’. Testimony was to Respond to January 6th Appropriations Act, heard from Zalmay Khalilzad, Special Representative 2021’’; and H.R. 3233, the ‘‘National Commission on Afghanistan Reconciliation, Department of State; to Investigate the January 6 Attack on the United and Karen L. Freeman, Acting Assistant Adminis- States Capitol Complex Act’’. The Committee grant- trator for Asia, U.S. Agency for International Devel- ed, by record vote of 9–4, a rule providing for con- opment. sideration of H.R. 3233, the ‘‘National Commission to Investigate the January 6 Attack on the United MISCELLANEOUS MEASURES States Capitol Complex Act’’, and H.R. 3237, the Committee on Homeland Security: Full Committee held ‘‘Emergency Security Supplemental to Respond to a markup on H.R. 2795, the ‘‘DHS Blue Campaign January 6th Appropriations Act, 2021’’. The rule Enhancement Act’’; H.R. 2980, the ‘‘Cybersecurity provides for consideration of H.R. 3233, the ‘‘Na- Vulnerability Remediation Act’’; H.R. 3138, the tional Commission to Investigate the January 6 At- ‘‘State and Local Cybersecurity Improvement Act’’; tack on the United States Capitol Complex Act’’, H.R. 3223, the ‘‘CISA Cyber Exercise Act’’; H.R. under a closed rule. The rule provides one hour of 3243, the ‘‘Pipeline Security Act’’; H.R. 3263, the debate equally divided and controlled by the chair ‘‘DHS Medical Countermeasures Act’’; and H.R. and ranking minority member of the Committee on 3264, the ‘‘Domains Critical to Homeland Security Homeland Security or their designees. The rule Act’’. H.R. 2795, H.R. 2980, H.R. 3138, and H.R. waives all points of order against consideration of the

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The rule provides Health and Human Services, and Education, and Related one hour of debate equally divided and controlled by Agencies, to hold hearings to examine proposed budget estimates and justification for fiscal year 2022 for the the chair and ranking minority member of the Com- Centers for Disease Control and Prevention, 10 a.m., mittee on Appropriations or their designees. The SD–138. rule waives all points of order against consideration Subcommittee on Transportation, Housing and Urban of the bill. The rule provides that the bill shall be Development, and Related Agencies, to hold hearings to considered as read. The rule waives all points of examine rethinking disaster recovery and resiliency, focus- order against provisions in the bill. The rule pro- ing on protecting communities and accelerating assist- vides one motion to recommit. Testimony was heard ance, 10 a.m., SD–192. Subcommittee on Financial Services and General Gov- from Chairman DeLauro, Chairman Thompson of ernment, to hold hearings to examine the Internal Rev- Mississippi, and Representatives Granger, Katko, enue Service, focusing on narrowing the tax gap and im- Wenstrup, and Crenshaw. proving taxpayer services, 2 p.m., SD–138. Subcommittee on Military Construction and Veterans NASA’S EARTH SCIENCE AND CLIMATE Affairs, and Related Agencies, to hold hearings to exam- CHANGE ACTIVITIES: CURRENT ROLES ine military infrastructure and climate resilience, 3 p.m., AND FUTURE OPPORTUNITIES SD–192. Committee on Armed Services: Subcommittee on Strategic Committee on Science, Space, and Technology: Sub- Forces, to hold hearings to examine the Department of committee on Space and Aeronautics held a hearing Energy’s atomic defense activities and programs in review entitled ‘‘NASA’s Earth Science and Climate Change of the Defense Authorization Request for fiscal year 2022 Activities: Current Roles and Future Opportunities’’. and future years defense program, 4:30 p.m., SR–232A. Testimony was heard from Karen M. St. Germain, Committee on Banking, Housing, and Urban Affairs: business meeting to consider the nominations of Adrianne Division Director, Earth Sciences Division, Science Todman, of the Virgin Islands, to be Deputy Secretary of Mission Directorate, National Aeronautics and Space Housing and Urban Development, and Nuria I. Administration; Gavin Schmidt, Senior Climate Ad- Fernandez, of California, to be Federal Transit Adminis- visor (Acting) and Director of Goddard Institute for trator, Department of Transportation, 2:30 p.m., Space Studies, National Aeronautics and Space Ad- SD–106. ministration; and public witnesses. Committee on Environment and Public Works: to hold hearings to examine biodiversity loss, focusing on drivers, impacts, and potential solutions, 10 a.m., SD–G50. EXAMINING THE ROLE OF COMMUNITY Committee on Finance: to hold hearings to examine DEVELOPMENT FINANCIAL INSTITUTIONS COVID–19 health care flexibilities, focusing on perspec- AND MINORITY DEPOSITORY tives, experiences, and lessons learned, 10 a.m., WEBEX. INSTITUTIONS IN SMALL BUSINESS Committee on Foreign Relations: business meeting to con- LENDING sider the nominations of Bonnie D. Jenkins, of New York, to be Under Secretary of State for Arms Control Committee on Small Business: Subcommittee on Eco- and International Security, Jose W. Fernandez, of New nomic Growth, Tax, and Capital Access held a hear- York, to be an Under Secretary of State (Economic ing entitled ‘‘Examining the role of Community De- Growth, Energy, and the Environment), to be United velopment Financial Institutions and Minority De- States Alternate Governor of the European Bank for Re- pository Institutions in Small Business Lending’’. construction and Development, to be United States Alter- Testimony was heard from public witnesses. nate Governor of the International Bank for Reconstruc- tion and Development, and to be United States Alternate Governor of the Inter-American Development Bank, routine lists in the Foreign Service, and other pending nomi- Joint Meetings nations; to be immediately followed by a hearing to ex- No joint committee meetings were held. amine the nominations of Brian A. Nichols, of Rhode Is- land, to be an Assistant Secretary (Western Hemisphere Affairs), and Michele Jeanne Sison, of Maryland, to be an Assistant Secretary (International Organization Affairs), both of the Department of State, and other pending nominations, 9:45 a.m., SD–106.

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Committee on Homeland Security and Governmental Affairs: the Safety, Soundness, Diversity, and Accountability of to hold hearings to examine COVID–19, focusing on Depository Institutions’’, 10 a.m., Webex. evaluating the medical supply chain and pandemic re- Committee on Foreign Affairs, Full Committee, markup sponse gaps, 2:30 p.m., SD–342/VTC. on H.R. 922, the ‘‘Crimea Annexation Non-Recognition Committee on Judiciary: Subcommittee on Competition Act’’; H.R. 2785, the ‘‘Energy Resource Governance Ini- Policy, Antitrust, and Consumer Rights, to hold hearings tiative Act of 2021’’; H.R. 3261, to repeal the 1991 Au- to examine antitrust applied, focusing on hospital consoli- thorization for the Use of Military Force against Iraq Res- dation concerns and solutions, 2:30 p.m., SD–226. olution; legislation to repeal the 1957 Middle East Use Committee on Small Business and Entrepreneurship: to hold of Force Authorization; legislation urging the Govern- hearings to examine realizing the vision of Parren Mitch- ment of El Salvador to respect the country’s democratic ell, focusing on untapping the potential of minority and institutions; H.R. 1096, the ‘‘Represent America Abroad women contracting, 2:30 p.m., SR–301. Act of 2021’’; H.R. 1135, the ‘‘LITE Act’’; H. Res. 402, Committee on Veterans’ Affairs: to hold hearings to exam- recognizing the devastating impact of COVID–19 in ine the nominations of Donald Michael Remy, of Lou- India and expressing the sense of the House of Represent- isiana, to be Deputy Secretary, Matthew T. Quinn, of atives with respect to COVID assistance to India; and H. Montana, to be Under Secretary for Memorial Affairs, Res. 348, expressing the sense of the House of Represent- Maryanne T. Donaghy, of Pennsylvania, to be an Assist- atives that the United Nations Security Council should ant Secretary (Office of Accountability and Whistleblower immediately impose an arms embargo against the mili- Protection), and Patricia L. Ross, of Ohio, to be an As- tary of Burma, 10 a.m., 2172 Rayburn and Webex. sistant Secretary (Congressional and Legislative Affairs), Committee on House Administration, Full Committee, all of the Department of Veterans Affairs, 3 p.m., hearing entitled ‘‘Reforming the Capitol Police and Im- SD–G50. proving Accountability for the Capitol Police Board’’, 3 p.m., Webex. House Committee on the Judiciary, Subcommittee on the Con- stitution, Civil Rights, and Civil Liberties, hearing enti- Committee on Appropriations, Subcommittee on Defense, tled ‘‘Continuing Injustice: The Centennial of the Tulsa- hearing entitled ‘‘Central Intelligence Agency FY 2022 Greenwood Race Massacre’’, 9:30 a.m., CVC–200 and Posture’’, 10 a.m., HVC–304. This hearing is closed. Zoom. Subcommittee on Homeland Security, hearing entitled Committee on Natural Resources, Subcommittee on Over- ‘‘U.S. Customs and Border Protection Resource Manage- sight and Investigations, hearing entitled ‘‘Misuse of Tax- ment and Operational Priorities’’, 10 a.m., Webex. payer Dollars and Corporate Welfare in the Oil and Gas Subcommittee on Labor, Health and Human Services, Industry’’, 1 p.m., Webex. Education, and Related Agencies, hearing entitled ‘‘Pub- Committee on Oversight and Reform, Select Subcommittee lic Witnesses’’, 10 a.m., Webex. on the Coronavirus Crisis, hearing entitled ‘‘Examining Subcommittee on State, Foreign Operations, and Re- Emergent BioSolutions’ Failure to Protect Public Health lated Programs, hearing entitled ‘‘Global Climate Fi- and Public Funds’’, 10:30 a.m., 2154 Rayburn and nance’’, 10 a.m., Webex. Zoom. Subcommittee on Commerce, Justice, Science, and Re- Committee on Science, Space, and Technology, Subcommittee lated Agencies, budget hearing on the National Aero- on Energy, hearing entitled ‘‘Accelerating Discovery: The nautics and Space Administration, 2 p.m., Webex. Future of Scientific Computing at the Department of En- Committee on Armed Services, Full Committee, hearing ergy’’, 11 a.m., Zoom. entitled ‘‘Recommendations of the National Commission Committee on Small Business, Subcommittee on Innova- on Military, National, and Public Service’’, 11 a.m., 2118 tion, Entrepreneurship, and Workforce Development, Rayburn and Webex. hearing entitled ‘‘The Small Business Administration’s Committee on Education and Labor, Subcommittee on Entrepreneurial Ecosystem: An Update and Next Steps Early Childhood, Elementary, and Secondary Education, with SBA’s Resource Partners’’, 10:15 a.m., 2360 Ray- hearing entitled ‘‘Picking up the Pieces: Strengthening burn and Zoom. Connections with Students Experiencing Homelessness Committee on Veterans’ Affairs, Subcommittee on Over- and Children in Foster Care’’, 10:15 a.m., Zoom. sight and Investigations, hearing entitled ‘‘Protecting Committee on Energy and Commerce, Subcommittee on En- Whistleblowers and Promoting Accountability: Is VA ergy, hearing entitled ‘‘The Fiscal Year 2022 DOE Budg- Making Progress?’’, 10 a.m., Zoom. et’’, 10:30 a.m., Webex. Committee on Ways and Means, Full Committee, hearing Committee on Financial Services, Full Committee, hearing entitled ‘‘Leveraging the Tax Code for Infrastructure In- entitled ‘‘Oversight of Prudential Regulators: Ensuring vestment’’, 10 a.m., 1100 Longworth and Webex.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, May 19 10 a.m., Wednesday, May 18

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Complete consideration of H. ation of S.J. Res. 13, EEOC Congressional Review Act, Res. 275—Condemning the horrific shootings in Atlanta, and vote on passage thereon at 12 noon. Georgia, on March 16, 2021, and reaffirming the House of Representative’s commitment to combating hate, bigotry, and violence against the Asian-American and Pacific Islander community.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E537, E538, E540, E541, Takano, Mark, Calif., E541, E544 E543 Thompson, Glenn, Pa., E540 Axne, Cynthia, Iowa, E544 Joyce, John, Pa., E537, E538, E539, E540, E540, E542, Underwood, Lauren, Ill., E537, E541 Barr, Andy, Ky., E545 E542, E543, E544, E545 Wexton, Jennifer, Va., E542 Crist, Charlie, Fla., E545 Lee, Barbara, Calif., E545 Young, Don, Alaska, E538 Gallagher, Mike, Wisc., E544 Ryan, Tim, Ohio, E539 Jackson Lee, Sheila, Tex., E537, E539, E540, E542, E543 Simpson, Michael K., Idaho, E542

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