Congressional Record, Senate, May 21, 2020 — Statements on Introduced Bills and S. 3833
Summary
Pages from the Senate section of the Congressional Record for May 21, 2020, beginning at page S2588. The record lists added cosponsors, including for S. 3714, a bill to extend the covered period for loan forgiveness and the rehiring period under the CARES Act. Mrs. Feinstein introduces S. 3811, the Restoration of Essential Conveyance Act, which she states would authorize $600 million for three projects to repair federal canals damaged by subsidence in California. Mr. Rubio, with other senators, introduces S. 3833, a bill to extend the loan forgiveness period for the paycheck protection program, and Ms. Collins states the program has provided forgivable loans totaling more than $510 billion to approximately 4.3 million small employers. The record closes with resolution text on freedom of the press and on child care providers during the COVID–19 pandemic.
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S2588 CONGRESSIONAL RECORD — SENATE May 21, 2020
members of the National Guard serving STATEMENTS ON INTRODUCED acre-feet per year on average. While
on active service in response to the BILLS AND JOINT RESOLUTIONS parts of the California Aqueduct are
coronavirus (COVID–19) the transi- By Mrs. FEINSTEIN: State-owned, the majority of the re-
tional health benefits provided to S. 3811. A bill to provide financial as- pairs are on its federally owned por-
members of the reserve components sistance for projects to address certain tion.
separating from active duty. subsidence impacts in the State of The bill would also authorize $200
S. 3714 California, and for other purposes; to million in additional funding for the
At the request of Mr. MANCHIN, the the Committee on Energy and Natural Environmental Restoration Goal of the
name of the Senator from Nevada (Ms. Resources. San Joaquin River settlement. This
ROSEN) was added as a cosponsor of S. Mrs. FEINSTEIN. Mr. President, I provision will ensure that the bill helps
3714, a bill to extend the covered period rise to speak in support of the Restora- to restore not only the San Joaquin
for loan forgiveness and the rehiring tion of Essential Conveyance Act, Valley’s water supply, but also its na-
period under the CARES Act, and for which I introduced today. Representa- tive salmon runs. I think it is appro-
other purposes. tives TJ COX and JIM COSTA, both priate that we consider legislation that
S. 3727 Democrats of California, have intro- would benefit both our water supply
At the request of Mr. WHITEHOUSE, duced companion legislation in the and the environment.
his name was added as a cosponsor of House. Benefits of the bill: If the Federal
S. 3727, a bill to provide for cash re- This legislation would help Cali- Government covers a portion of the
funds for canceled airline flights and fornia water users and California’s na- cost of restoring these three essential
tickets during the COVID–19 emer- tion-leading agricultural industry com- Federal canals for conveying flood-
gency. ply with a recent State requirement to waters, it will give local farmers a
S. 3732 end the overpumping of groundwater. fighting chance to bring their ground-
At the request of Mr. CORNYN, the The stakes are huge: Bringing ground- water basins into balance without
name of the Senator from South Caro- water into balance will reduce the being forced to retire massive amounts
lina (Mr. GRAHAM) was added as a co- water supply of the San Joaquin Valley of land.
sponsor of S. 3732, a bill to amend title by about 2 million acre-feet per year. Critically, the ability to deliver
18, United States Code, to further pro- Unless local water agencies and the floodwaters through restored Federal
tect officers and employees of the State and Federal governments take canals will allow the water districts to
United States, and for other purposes. action, a recent U.C. Berkeley study invest in their own turnouts, pumps,
S. 3749
has projected severe impacts from detention basins and other ground-
At the request of Mr. BLUMENTHAL, these water supply losses: 798,000 acres water recharge projects. The South
the names of the Senator from Massa- of land would have to be retired from Valley Water Association, which covers
chusetts (Ms. WARREN), the Senator agricultural production, nearly one- just a small part of the Valley, pro-
from Illinois (Mr. DURBIN), the Senator sixth of the working farmland in an vided my office with a list of 36 such
from Massachusetts (Mr. MARKEY), the area that produces half the fruit and projects for its area alone.
Senator from Wisconsin (Ms. BALDWIN), vegetables grown in the Nation; and
The Public Policy Institute of Cali-
the Senator from California (Ms. HAR- $5.9 billion would be lost in annual
fornia, or PPIC, has determined that
RIS), the Senator from Hawaii (Ms.
farm income.
How the bill would help: One of the groundwater recharge projects are the
HIRONO) and the Senator from Min- best option to help the San Joaquin
most cost-effective and efficient ways
nesota (Ms. KLOBUCHAR) were added as Valley comply with the new state
to restore groundwater balance is to
cosponsors of S. 3749, a bill to protect groundwater pumping law. PPIC
convey floodwaters to farmlands where
the privacy of health information dur- projects that the Valley can make up
they can recharge the aquifer. Cali-
ing a national health emergency. 300,000 to 500,000 acre feet of its ground-
fornia has the most variable precipita-
S. 3752
tion of any State. When we get massive water deficit through recharge
At the request of Mr. MENENDEZ, the storms from atmospheric rivers, there projects.
name of the Senator from Arizona (Ms. is plenty of runoff to recharge Job Losses if We Take No Action: A
SINEMA) was added as a cosponsor of S. aquifers—but only if we can effectively forthcoming study commissioned by
3752, a bill to amend title VI of the So- convey the floodwaters throughout the the coalition group called the ‘‘Water
cial Security Act to establish a San Joaquin Valley to recharge areas. Blueprint for the San Joaquin Valley’’
Coronavirus Local Community Sta- Here is where the challenge arises. estimates that required reductions in
bilization Fund. For a variety of reasons, the ground be- groundwater could cause a loss of up to
S. RES. 579 neath the major canals has dropped by 42,000 farm and agricultural jobs in the
At the request of Mr. DURBIN, the as much as 10 to 20 feet which has San Joaquin Valley. Another 40,000
name of the Senator from California caused canals designed to convey flood- jobs or more could be lost statewide
(Ms. HARRIS) was added as a cosponsor waters to buckle and drop in many each year due to reductions in valley
of S. Res. 579, a resolution encouraging places. Other parts of the canals have agricultural production, putting the
the international community to re- not subsided, so the water gets stuck in total at approximately 85,000 jobs
main committed to collaboration and the low points. statewide. Most of these impacts will
coordination to mitigate and prevent As a result, these essential canals for fall disproportionately on economi-
the further spread of COVID–19 and conveying floodwaters have lost as cally disadvantaged communities.
urging renewed United States leader- much as 60 percent of their conveyance These impacts will be significant un-
ship and participation in any global ef- capacity. The bill I am introducing less we address them through collabo-
forts on therapeutics and vaccine de- today would provide Federal assistance rative planning, policies, infrastruc-
velopment and delivery to address to help fix these Federal canals. ture, recharge, and necessary financial
COVID–19 and prevent further deaths, Specifically, the bill would authorize support.
and for other purposes. $600 million in Federal funding-cost Friant-Kern Canal: Let me now turn
S. RES. 589 share for three major projects to repair to the three critical canals that the
At the request of Ms. HIRONO, the Federal canals damaged by subsidence bill would authorize assistance to re-
name of the Senator from New Hamp- to achieve their lost capacity: $200 mil- store. The Friant-Kern Canal is a key
shire (Ms. HASSAN) was added as a co- lion for the Friant-Kern Canal, which feature of the Friant Division of the
sponsor of S. Res. 589, a resolution rec- would move an additional 100,000 acre- Federal Central Valley Project on the
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ognizing the significance of Asian/Pa- feet per year on average; $200 million Eastside of the San Joaquin Valley.
cific American Heritage Month as an for the Delta Mendota Canal, which For nearly 70 years, the Friant Divi-
important time to celebrate the sig- would move an additional 62,000 acre- sion successfully kept groundwater ta-
nificant contributions of Asian Ameri- feet per year on average; and $200 mil- bles stable on the Eastside. This pro-
cans and Pacific Islanders to the his- lion for California Aqueduct repairs, vided a sustainable source of water for
tory of the United States. which would move an additional 205,000 farms and for thousands of Californians
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2589
and more than 50 small, rural, or dis- these farmers and communities reliant remains intact so that the workforce
advantaged communities who rely en- of the agricultural economy a fighting can come back to work as soon as pos-
tirely on groundwater for their house- chance to keep their lands in produc- sible.
hold water supplies. tion. It is important, as we discuss the
But unsustainable groundwater I hope my colleagues will join me in economic data behind the PPP, to re-
pumping in the valley has reduced the support of this bill. I yield the floor. member that these are real businesses
Friant-Kern Canal’s ability to deliver with real people—people like Larry
water to all who need it. Land ele- By Mr. RUBIO (for himself, Mr. Geaghan, who owns and runs a craft
vation subsidence caused by over- CARDIN, Ms. COLLINS, Mrs. SHA- brewery and pub in Bangor, ME. Larry
pumping means that not all of the sup- HEEN, and Mr. DURBIN): calls the PPP a ‘‘lifeline bill’’ that has
plies stored at Friant Dam can be con- S. 3833. A bill to extend the loan for- made all the difference in helping him
veyed through the canal. In some giveness period for the paycheck pro- to bring back 25 of his employees and
areas, the canal can carry only 40 per- tection program, and for other pur- reopen for takeout business.
cent of what it is designed to deliver. poses; read the first time. Another Maine borrower—the owner
In 2017, a very wet year in which we Ms. COLLINS. Mr. President, I rise of a small marina—told me that the
should have been banking as much today to introduce, with my colleagues PPP was exactly what he needed at ex-
flood water as possible, the Friant- Senator RUBIO, CARDIN, and SHAHEEN, actly the right time. With the PPP,
Kern Canal couldn’t deliver an addi- legislation to strengthen the Paycheck this marina has been able to keep all of
tional 300,000 acre-feet of water that it Protection Program, which has proven its employees on payroll, and because
would have been able to convey had its to be such an important lifeline to they weren’t worried about whether
capacity not been limited by subsid- America’s small businesses and their they would have a paycheck, these em-
ence. This significant amount of water employees during this pandemic. ployees continued spending as they
would have been destined for ground- Senators RUBIO, CARDIN, SHAHEEN, normally would—exactly what our
water recharge efforts in the south San and I worked together as part of the Maine economy needs.
Joaquin Valley, where the impacts of Small Business Task Force to create Another example of a small business
reduced water deliveries, water quality this program during the development helped by the PPP is the Frog & Turtle
issues and groundwater regulation are of the CARES Act 2 months ago. Gastro Pub in Westbrook, ME. This
expected to be most severe. Since its launch in early April, this pub just completed an extensive ren-
California Aqueduct and Delta program has provided forgivable loans ovation and is hoping to reopen June 1,
Mendota Canal: The California Aque- totaling more than $510 billion to ap- the first day that sit-down dining serv-
duct serves more than 27 million people proximately 4.3 million small employ- ice will be allowed again in the State
in Southern California and the Silicon ers across the country. The over- of Maine.
Valley and more than 750,000 acres of whelming majority of borrowers are The owner of this pub wrote to me to
the Nation’s most productive farmland. very small employers. say that the ‘‘PPP program allowed us
But despite its name, much of the Cali- In phase 1 of the program, the aver- to bring back our 15 employees and sus-
fornia Aqueduct is owned by the Fed- age PPP loan size nationally was tain our business during these trying
eral Government and serves portions of $206,000. That translates to an average conditions,’’ and that taking a PPP
Silicon Valley, small towns and com- employer size of just 18 employees. As loan was the ‘‘right decision’’ for his
munities in the northern San Joaquin more loans have been approved in employees and for his small restaurant.
Valley, and farms from Firebaugh to phase 2, the average loan size nation- When we were initially developing
Kettleman City. The aqueduct rep- ally has dropped to $118,000, suggesting the Paycheck Protection Program, we
resents a successful 70–year partner- an average business size of about 10 had no idea how long the pandemic
ship between the Federal Government employees. would last. We did not know that there
and the State of California. In Maine, the average loan size is
In recent years, particularly recent would be virtually universal economic
even smaller, with borrowers having an shutdowns, nor did we know how each
drought years, the California Aqueduct estimated 12 employees in phase 1 and
has subsided. It has lost as much as 20 State would respond to outbreaks in
just three employees in phase 2. Ac- their communities. The bipartisan bill
percent of its capacity to move water
cording to the U.S. Census Bureau, that we are introducing today builds
to California’s families, farms, and
nearly two-thirds of the small busi- on the success of the PPP by providing
businesses. California is leading efforts
nesses in Maine have benefited from small businesses with additional flexi-
to repair the aqueduct and is working
PPP loans, and that is, I am pleased to bility so that they can more effectively
to provide its share of funding, but the
say, among the highest rates in the Na- use these funds in conjunction with
Federal Government will also need to
tion. State reopening plans.
pay its fair share. The bill I am intro-
In many ways, it is not a surprise. And, again, I would remind my col-
ducing today would authorize $200 mil-
Maine is the State of small businesses. leagues that when we were drafting the
lion toward restoring the California
Ninety percent of all the Maine busi- first version of this, it was before there
Aqueduct.
The Delta-Mendota Canal stretches nesses are considered to be small busi- were widespread orders shutting down
southward 117 miles from the C.W. Bill nesses, and they employ approximately restaurants and bars and retail estab-
Jones Pumping Plant along the west- 60 percent of all the workers in our lishments.
ern edge of the San Joaquin Valley, State. Overall, in Maine, the funds are Specifically, the Paycheck Protec-
parallel to the California Aqueduct. sufficient to support approximately tion Program Extension Act that we
The Delta-Mendota Canal has lost 15 200,000 jobs. are introducing today would do the fol-
percent of its conveyance capacity due Let’s think about this. That means lowing: It would allow borrowers the
to subsidence. The bill I am intro- that a business that is seeing receipts flexibility to use their 8 weeks of fund-
ducing today would authorize $200 mil- go down, is in a cash flow problem, li- ing at a point of their choosing within
lion toward restoring its full ability to quidity has dried up can still retain a 16-week period. Small businesses
convey floodwaters to farms needing to employees who otherwise would have could choose the period that they be-
recharge their groundwater, and to been laid off. In more cases, it has al- lieve works best to coincide with the
wildlife refuges for migratory water- lowed a business to call back fur- reopening of their local economy.
fowl. loughed employees. And even in cases So some small businesses took the
In conclusion, this bill responds to a where the business has been forced to loans very early, thinking that the
potential crisis that very possibly close its doors because of government shutdowns would not last or that the
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could cause the forced retirement of orders, it has kept alive the connection pandemic would be on the way down by
nearly one-sixth of the working farm- between the employer and his or her now, which it is in some States, thank
land in an area that produces half of employees. That is so important be- goodness, but not in all.
America’s fruits and vegetables. cause, as the economy does open back Well, this builds in more flexibility.
These are Federal canals, and the up, we want to make sure that link be- You would have 16 weeks to use the
Federal Government must help give tween the employer and the employees loan funds instead of 8.
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S2590 CONGRESSIONAL RECORD — SENATE May 21, 2020
Second, it extends the deadline to Mr. CRUZ. Mr. President, I rise today Xu Zhangrun, a Chinese law professor
apply for a PPP loan from June 30 to to discuss the single most dangerous who spoke out about the Chinese Gov-
December 31 of this year. geopolitical threat that America faces ernment’s handling of the coronavirus
Again, this reflects the fact that now and through the next century— outbreak and criticized Chinese Presi-
shutdowns lasted far longer in vir- China. dent Xi, has been missing since Feb-
tually every State than we anticipated We are in the midst of a pandemic ruary.
when we were drafting the bill in that has infected over 5 million people Chen Qiushi, a Chinese lawyer and
March. and has claimed the lives of over 300,000 journalist who went to Wuhan to re-
Third, the bill would allow borrowers people worldwide. In the United States port on what was happening there, has
to use loan funds to purchase personal alone, the pandemic has infected over been missing since February 6. Fang
protective equipment for employees 1.5 million people and has claimed over Bin, a Wuhan businessman and jour-
and to pay for adaptive investments 93,000 lives. nalist who reported on the number of
needed to reopen safely. The coronavirus pandemic has shat- bodies piling up outside a Wuhan hos-
Adaptive investments could include tered the lives of husbands and wives, pital has been missing since February
modifications to a commercial prop- daughters, sons, granddaughters, 9. Li Zehua, a journalist who quit his
erty to comply with the social grandsons, brothers, sisters, nieces, job as a broadcaster for the Chinese
distancing regulations or guidelines nephews who have lost loved ones to Communist Party’s TV station so he
from the CDC. It could mean creating COVID–19. could report on what was happening in
or expanding a drive-through window It has also shattered the lives of Wuhan, went missing for 28 days and
service, erected physical barriers such those who have lost their jobs, their then was allowed to reappear in public
as we see at the grocery stores now, livelihoods, because of this disease. only after he praised the government’s
those plexiglass barriers or sneeze Thirty-eight million Americans are policy. Ren Zhiqiang, a real estate ty-
guards. It could mean installing ven- now out of work. The unemployment coon, who had been publicly critical of
tilation system upgrades or, as many rate is at the highest it has ever been President Xi’s handling of the
restaurants have mentioned to me, since the Great Depression, and entire coronavirus crisis, has been missing
they would like to add an outside patio industries are on the brink of collapse. since March 12. And Xu Zhiyong, a civil
for outdoor eating, which would allow Just 4 months ago, when the economy rights lawyer and a legal scholar who
them to maintain the same number of was booming, that was unthinkable. criticized President Xi on social media
customers, which they can’t do now, Where did this pandemic start? In for his handling of the coronavirus cri-
and abide by the social distancing China. Whether it began at the Huanan sis, has been on house arrest since Feb-
guidelines. wet market, a barbaric breeding ruary 13.
The bill would also clarify that the If the Chinese Government had acted
ground for disease, where snakes and
current lender hold-harmless provision responsibly and sought the advice of
turtles and puppies and kittens and
relates to all Small Business Adminis- public health professionals instead of
bats and other wildlife and farm ani-
tration and Treasury guidance regard- silencing them, there is a very real pos-
mals are killed and sold, or whether it
ing PPP loans. A lender that in good sibility the coronavirus could have
began due to substandard safety proto-
faith followed Federal guidance related been contained as a regional outbreak.
cols at the Wuhan Institute of Virol-
to PPP would not be later held liable if Instead, we are now dealing with a
ogy, where research into coronavirus
the guidance subsequently changed. deadly global pandemic.
I would like to give a shout-out to was being conducted and specifically These brave men and women are just
our small community banks and credit coronavirus from bats, we don’t yet the latest targets of the Chinese Com-
unions in the State of Maine. They know. munist Government’s relentless at-
have really stepped up to the plate for Here is what we do know: Not only tacks on truth-tellers, on freedom
this program to serve the small busi- did the coronavirus outbreak start in fighters, and on religious and ethnic
nesses, small employers in our State, China, the Chinese Communist Govern- minorities. The Chinese Government is
for the small nonprofits, and that has ment did everything it could to cover a 1984-style dystopian state, and it has
made a real difference to the employ- up the severity of the outbreak, from tracked and imprisoned millions of
ees of these establishments. lying about the origin of the virus to Uyghurs and other religious minori-
And finally, the bill would clarify how it is transmitted, to destroying ties. The Chinese Government is con-
that borrowers who have maintained evidence, to silencing the brave whis- stantly tracking the movements of
payroll for 8 weeks will not lose loan tleblower doctors and scientists and millions of people using cutting-edge
forgiveness due to the extension of the journalists and activists who tried to biotechnology and artificial intel-
program to 16 weeks. warn the world and prevent a global ligence, and it has put 1 million
Now, I would hope that that would be pandemic. Uyghurs, right now, into concentration
obvious, but we wanted to make sure It has been reported recently that be- camps.
that we were explicit. tween January 1 and April 4, the Chi- In 2017, I led a bipartisan resolution
The Paycheck Protection Program is nese Government charged 484 people in this body condemning the Chinese
the single most critical stimulus pro- with crimes because of comments they Communist Party’s persecution of reli-
gram protecting Main Street America made about the coronavirus pandemic. gious minorities, particularly Buddhist
from the economic devastation of the In Wuhan, eight doctors who sounded Tibetans. Last year, I introduced legis-
measures taken to control the spread the alarm about coronavirus in Decem- lation and urged the Trump adminis-
of COVID–19. The bill we are intro- ber were accused of spreading lies, ar- tration to blacklist Chinese companies
ducing today strengthens the PPP to rested, and forced to sign documents that are aiding the Chinese Govern-
reflect the evolving nature of this pan- claiming that they had made false ment in its persecution of the Uyghurs.
demic, the necessity of regulatory ac- statements that ‘‘disturbed the public The administration implemented the
tions that have caused a great deal of order.’’ recommendations in my legislation,
economic harm but were necessary to In reality, they were telling the and as a result those companies are
prevent the spread of the virus, and I truth. They were warning us. now banned from acquiring American
urge all of my colleagues to support One of those doctors, Dr. Ai Fen, has goods. That is a step in the right direc-
this bill. been missing since late March. An- tion.
other, Dr. Li Wenliang, has since died We have known that China’s surveil-
By Mr. CRUZ: from the coronavirus. Dr. Li lance state and censorship practices
S. 3835. A bill to prohibit the use of Wenliang’s wife was pregnant with the are a great threat to human rights, but
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funds for the production of films by couple’s second child when he died. what the pandemic has shown us is
United States companies that alter And it is not just Chinese doctors that China’s surveillance state and
content for screening in the People’s who are paying the price for telling the censorship is also a great threat to our
Republic of China, and for other pur- truth; journalists and activists who national security and to public health.
poses; to the Committee on Homeland courageously spoke up are disappearing Had those doctors, journalists, and ac-
Security and Governmental Affairs. too. tivists who were trying to tell the
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2591
truth—desperately trying to warn the they changed the Ancient One’s char- There being no objection, the text of
world—had they been allowed to speak, acter from Tibetan, as portrayed in the the bill was ordered to be printed in
the coronavirus outbreak might have comic book, to Celtic. And in the ‘‘Top the RECORD, as follows:
been stopped in its tracks. We may not Gun’’ sequel that is set to come out S. 3794
have had to deal with this devastating later this year, the Taiwanese and Jap- Be it enacted by the Senate and House of Rep-
pandemic that has claimed the lives anese flag on the back of Maverick’s resentatives of the United States of America in
and the livelihoods of men and women jacket were removed to appease the Congress assembled,
all over the world. Chinese Communist Party. SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
That is why, today, I am introducing Think about that for a second. What (a) SHORT TITLE.—This Act may be cited as
legislation to sanction Chinese officials message does it send that ‘‘Maverick,’’ the ‘‘Railroad Rehabilitation and Financing
who helped censor political speech or an American icon, is apparently afraid Innovation Act’’.
suppress the dissemination of medical of Chinese Communists. That is ridicu- (b) TABLE OF CONTENTS.—The table of con-
lous. tents for this Act is as follows:
information by citizens of China. This
legislation would impose visa bans and That is why, today, I am introducing Sec. 1. Short title; table of contents.
asset blocks on those who punish or the SCRIPT Act, which would cut off Sec. 2. Railroad Rehabilitation and Im-
Hollywood studios from the assistance provement Financing Program.
censor Chinese citizens for reporting Sec. 3. Conforming amendments.
accurate information about a disease they receive from the U.S. Government
if those films censor their films for Sec. 4. Transitional and savings provisions.
or a pathogen and hopefully will help Sec. 5. Repeals.
screening in China. It is common prac-
prevent something like this from ever SEC. 2. RAILROAD REHABILITATION AND IM-
tice for major Hollywood films to con- PROVEMENT FINANCING PROGRAM.
happening again in China.
We need to be vigilant and to act tract with the Pentagon to use jets and (a) AMENDMENT TO TITLE 49, UNITED STATES
where we can to thwart the Chinese tanks and to film on bases and aircraft CODE.—Part B of subtitle V of title 49,
carriers. United States Code, is amended by inserting
Government’s attempts to twist the
The SCRIPT Act should be a wake-up after chapter 223 the following:
truth, to censor, and to silence within call for Hollywood. Studios would be
China, but we also need to be vigilant ‘‘CHAPTER 224—RAILROAD REHABILITA-
forced to choose between the assistance TION AND IMPROVEMENT FINANCING
about the Chinese Government’s at- from the Federal Government or the PROGRAM
tempts to censor and silence elsewhere, money they want from China. ‘‘22401. Definitions.
including in our own Nation. The second way the Chinese Govern- ‘‘22402. Direct loans and loan guarantees.
In the United States, the Chinese ment attempts to spread propaganda is ‘‘22403. Administration of direct loans and
Government attempts to spread propa- by purchasing access to our cultural loan guarantees.
ganda by two ways: by leveraging their and educational centers. The Chinese ‘‘22404. Employee protection.
enormous market access to coerce Government spends billions of dollars ‘‘22405. Substantive criteria and standards.
Americans into self-censorship, espe- to shape what the next generation of ‘‘22406. Funding.
cially to Hollywood and sports teams Americans know and think about ‘‘§ 22401. Definitions
that stand to make billions of dollars China. They have a pervasive presence ‘‘In this chapter:
in China, and by simply purchasing ac- in our K–12 education and in our col- ‘‘(1) COST.—
cess to our cultural and educational leges and universities, especially ‘‘(A) IN GENERAL.—The term ‘cost’ means
centers. With both levers, Chinese offi- through Confucius Institutes and by di- the estimated long-term cost to the Govern-
cials have one objective: to shape what ment of a direct loan or loan guarantee, or
rectly financing departments and cen-
modification of the direct loan or loan guar-
Americans see, hear, and ultimately ters. antee, calculated on a net present value
think. In the National Defense Authoriza- basis, excluding administrative costs and
China has the world’s second largest tion Act for Fiscal Year 2019, I au- any incidental effects on governmental re-
film market, second only the United thored bipartisan legislation prohib- ceipts or outlays.
States, and it does around $8 billion in iting the Department of Defense from ‘‘(B) COST OF DIRECT LOANS.—
box office revenues per year. The Chi- funding universities when the money ‘‘(i) IN GENERAL.—The cost of a direct loan
nese film market is comprised of Chi- could go to Confucius Institutes. As a shall be the net present value, at the time
nese films, but they also make sure to result, over a dozen Confucius Insti- when the direct loan is disbursed, of the fol-
allow a few dozen American films into tutes have closed. lowing estimated cash flows:
We need to stand up and deal directly ‘‘(I) Loan disbursements.
their market every year. The number ‘‘(II) Repayments of principal.
is deliberately kept low, and in ex- with the threat China poses. China
‘‘(III) Payments of interest and other pay-
change for access, American film com- bears direct responsibility and direct ments by or to the Government over the life
panies submit their films to China’s culpability for the over 300,000 people of the loan.
censors who often force them to change who have died worldwide and for the ‘‘(ii) CALCULATION.—Calculation of the cost
those films. American companies have trillions in economic livelihoods that of a direct loan shall include the effects of
learned this fact, and they will often have been destroyed. changes in loan terms resulting from the ex-
change the films even in advance of Today, I introduce three pieces of ercise by the borrower of an option included
submitting. legislation to directly address Chinese in the loan contract.
censorship and their responsibility for ‘‘(C) COST OF LOAN GUARANTEE.—
As a result, they control not just ‘‘(i) IN GENERAL.—The cost of a loan guar-
what audiences see in China but also this pandemic, and we, as a body, as a
bipartisan body, need to stand and antee shall be the net present value, at the
what Americans see. The Chinese Gov- time when the guaranteed loan is disbursed,
ernment’s censorship office seeks to stand strong protecting U.S. national
of the following estimated cash flows:
security, protecting the lives of Ameri-
edit anything to do with Tibet, with ‘‘(I) Payments by the Government to cover
cans, and ensuring accountability; that defaults and delinquencies, interest sub-
Taiwan, with Tiananmen Square, with
the Chinese Communist Party has ac- sidies, or other payments.
human rights, with democracy, with
countability for their censorship, their ‘‘(II) Payments to the Government, includ-
religion, or with any criticism of com-
hiding of the facts of this pandemic, ing origination and other fees, penalties, and
munism, particularly the Chinese Com-
and the lives that have been lost as a recoveries.
munist Party. Recently, the Chinese ‘‘(ii) CALCULATION.—Calculation of the cost
result of their coverup.
Government has succeeded in forcing of a loan guarantee shall include the effects
changes to movies such as ‘‘Top Gun,’’ By Mr. THUNE (for himself and of changes in loan terms resulting from the
the sequel; such as ‘‘Doctor Strange’’; Ms. HASSAN): exercise by the guaranteed lender of an op-
such as ‘‘Skyfall’’; such as the remake S. 3794. A bill to expedite transpor- tion included in the loan guarantee, or by
of ‘‘Red Dawn.’’ ‘‘Pixels,’’ ‘‘Looper,’’ tation project delivery, facilitate infra- the borrower of an option included in the
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guaranteed loan contract.
‘‘Bohemian Rhapsody’’ all were movies structure improvement, and for other ‘‘(D) COST OF MODIFICATION.—The cost of a
that were changed. purposes; to the Committee on Com- modification is the difference between the
In ‘‘Bohemian Rhapsody,’’ the Chi- merce, Science, and Transportation. current estimate of the net present value of
nese Communist Party edited out ref- Mr. THUNE. Mr. President, I ask the remaining cash flows under the terms of
erences to the fact that Freddy Mer- unanimous consent that the text of the a direct loan or loan guarantee contract, and
cury was gay. In ‘‘Doctor Strange,’’ bill be printed in the RECORD. the current estimate of the net present value
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S2592 CONGRESSIONAL RECORD — SENATE May 21, 2020
of the remaining cash flows under the terms outstanding direct loans (or direct loan obli- Federal program for the relevant passenger
of the contract, as modified. gations) or loan guarantee (or loan guar- rail station or service by increasing rider-
‘‘(E) ESTIMATION OF NET PRESENT VALUES; antee commitment), such as a change in col- ship, tenant lease payments, or other activi-
DISCOUNT RATE.—In estimating net present lection procedures. ties that generate revenue exceeding costs.
values, the discount rate shall be the average ‘‘(11) PROJECT OBLIGATION.—The term ‘‘(2) OPERATING EXPENSES NOT ELIGIBLE.—
interest rate on marketable Treasury securi- ‘project obligation’ means a note, bond, de- Direct loans and loan guarantees under this
ties of similar maturity to the cash flows of benture, or other debt obligation issued by a section shall not be used for railroad oper-
the direct loan or loan guarantee for which borrower in connection with the financing of ating expenses.
the estimate is being made. a project, other than a direct loan or loan ‘‘(3) SUNSET.—The Secretary may provide a
‘‘(F) ESTIMATED COST; BASIS.—When funds guarantee under this chapter. direct loan or loan guarantee under this sec-
are obligated for a direct loan or loan guar- ‘‘(12) RAILROAD.—The term ‘railroad’ has tion for a project described in paragraph
antee, the estimated cost shall be based on the meaning given the term ‘railroad carrier’ (1)(E) only during the 4-year period begin-
the current assumptions, adjusted to incor- in section 20102. ning on December 4, 2015.
porate the terms of the loan contract, for the ‘‘(13) RATING AGENCY.—The term ‘rating ‘‘(c) PRIORITY PROJECTS.—In granting ap-
fiscal year in which the funds are obligated. agency’ means a credit rating agency reg- plications for direct loans or guaranteed
‘‘(2) CURRENT.—The term ‘current’ has the istered with the Securities and Exchange loans under this section, the Secretary shall
same meaning given the term in section Commission as a nationally recognized sta- give priority to projects that—
250(c)(9) of the Balanced Budget and Emer- tistical rating organization (as defined in ‘‘(1) enhance public safety, including
gency Deficit Control Act of 1985 (2 U.S.C. section 3(a) of the Securities Exchange Act projects for the installation of a positive
900(c)(9)). of 1934 (15 U.S.C. 78c(a))). train control system (as defined in section
‘‘(3) DIRECT LOAN.— ‘‘(14) SECRETARY.—The term ‘Secretary’ 20157(i));
‘‘(A) IN GENERAL.—The term ‘direct loan’ means the Secretary of Transportation. ‘‘(2) promote economic development;
means a disbursement of funds by the Gov- ‘‘(15) SUBSTANTIAL COMPLETION.—The term ‘‘(3) enhance the environment;
ernment to a non-Federal borrower under a ‘substantial completion’ means— ‘‘(4) enable United States companies to be
contract that requires the repayment of the ‘‘(A) the opening of a project to passenger more competitive in international markets;
funds. or freight traffic; or ‘‘(5) are endorsed by the plans prepared
‘‘(B) INCLUSIONS.—The term ‘direct loan’ ‘‘(B) a comparable event, as determined by under chapter 227 of this title or section 135
includes the purchase of, or participation in, the Secretary and specified in the terms of of title 23 by the State or States in which the
a loan made by another lender and financing the direct loan or loan guarantee. projects are located;
arrangements that defer payment for more ‘‘§ 22402. Direct loans and loan guarantees ‘‘(6) improve railroad stations and pas-
than 90 days, including the sale of a Govern- ‘‘(a) GENERAL AUTHORITY.—The Secretary senger facilities and increase transit-ori-
ment asset on credit terms. shall provide direct loans and loan guaran- ented development;
‘‘(C) EXCLUSION.—The term ‘direct loan’ tees— ‘‘(7) preserve or enhance rail or intermodal
does not include the acquisition of a feder- ‘‘(1) to State and local governments; service to small communities or rural areas;
ally guaranteed loan in satisfaction of de- ‘‘(2) to interstate compacts consented to by ‘‘(8) enhance service and capacity in the
fault claims. Congress under section 410(a) of the Amtrak national rail system; or
‘‘(4) DIRECT LOAN OBLIGATION.—The term Reform and Accountability Act of 1997 (Pub- ‘‘(9)(A) would materially alleviate rail ca-
‘direct loan obligation’ means a binding lic Law 105–134; 49 U.S.C. 24101 note); pacity problems that degrade the provision
agreement by the Secretary to make a direct ‘‘(3) to government-sponsored authorities of service to shippers; and
loan when specified conditions are fulfilled and corporations; ‘‘(B) would fulfill a need in the national
by the borrower. ‘‘(4) to railroads; transportation system.
‘‘(5) INTERMODAL.—The term ‘intermodal’ ‘‘(5) to joint ventures that include at least ‘‘(d) EXTENT OF AUTHORITY.—
means of or relating to the connection be- 1 of the entities described in paragraph (1), ‘‘(1) LIMITATION ON AGGREGATE UNPAID PRIN-
tween rail service and other modes of trans- (2), (3), (4), or (6); CIPAL AMOUNTS OF OBLIGATIONS.—The aggre-
portation, including all parts of facilities at ‘‘(6) to private entities with controlling gate unpaid principal amounts of obligations
which the connection is made. ownership in 1 or more freight railraods under direct loans and loan guarantees made
‘‘(6) INVESTMENT-GRADE RATING.—The term other than Class 1 carriers; and under this section may not exceed
‘investment-grade rating’ means a rating of ‘‘(7) solely for the purpose of constructing $35,000,000,000 at any time.
BBB minus, Baa3, bbb minus, BBB(low), or a rail connection between a plant or facility ‘‘(2) MINIMUM AMOUNT FOR FREIGHT RAIL-
higher assigned by a rating agency. and a railroad, limited option freight ship- ROADS.—Of the amount under paragraph (1),
‘‘(7) LOAN GUARANTEE.—The term ‘loan pers that own or operate a plant or other fa- not less than $7,000,000,000 shall be available
guarantee’ means any guarantee, insurance, cility. solely for projects primarily benefitting
or other pledge with respect to the payment ‘‘(b) ELIGIBLE PURPOSES.— freight railroads other than Class I carriers.
of all or a part of the principal or interest on ‘‘(1) IN GENERAL.—Direct loans and loan ‘‘(3) PROPORTION OF UNUSED AMOUNT.—The
any debt obligation of a non-Federal bor- guarantees provided under this section shall Secretary shall not establish any limit on
rower to a non-Federal lender, but does not be used to— the proportion of the unused amount author-
include the insurance of deposits, shares, or ‘‘(A)(i) acquire, improve, or rehabilitate ized under this subsection that may be used
other withdrawable accounts in financial in- intermodal or rail equipment or facilities, for 1 loan or loan guarantee.
stitutions. including track, components of track, civil ‘‘(e) RATES OF INTEREST.—
‘‘(8) LOAN GUARANTEE COMMITMENT.—The works such as cuts and fills, bridges, yards, ‘‘(1) DIRECT LOANS.—The interest rate on a
term ‘loan guarantee commitment’ means a buildings, and shops; and direct loan under this section shall be not
binding agreement by the Secretary to make ‘‘(ii) finance costs related to the activities less than the yield on United States Treas-
a loan guarantee when specified conditions described in clause (i), including ury securities of a similar maturity to the
are fulfilled by the borrower, the lender, or preconstruction costs; maturity of the secured loan on the date of
any other party to the guarantee agreement. ‘‘(B) develop or establish new intermodal execution of the loan agreement.
‘‘(9) MASTER CREDIT AGREEMENT.—The term or railroad facilities; ‘‘(2) LOAN GUARANTEES.—The Secretary
‘master credit agreement’ means an agree- ‘‘(C) refinance outstanding debt incurred shall not make a loan guarantee under this
ment to make 1 or more direct loans or loan for the purposes described in subparagraph section if the interest rate for the loan ex-
guarantees at future dates for a program of (A) or (B); ceeds that which the Secretary determines
related projects on terms acceptable to the ‘‘(D) reimburse planning, permitting, and to be reasonable, taking into consideration
Secretary. design expenses relating to activities de- the prevailing interest rates and customary
‘‘(10) MODIFICATION.— scribed in subparagraph (A) or (B); or fees incurred under similar obligations in
‘‘(A) IN GENERAL.—The term ‘modification’ ‘‘(E) finance economic development, in- the private capital market.
means any Government action that alters cluding commercial and residential develop- ‘‘(f) INFRASTRUCTURE PARTNERS.—
the estimated cost of an outstanding direct ment, and related infrastructure and activi- ‘‘(1) AUTHORITY OF SECRETARY.—
loan (or direct loan obligation) or an out- ties that— ‘‘(A) IN GENERAL.—In lieu of or in combina-
standing loan guarantee (or loan guarantee ‘‘(i) incorporates private investment; tion with appropriations of budget authority
commitment) from the current estimate of ‘‘(ii) is physically or functionally related to cover the costs of direct loans and loan
cash flows. to a passenger rail station or multimodal guarantees as required under section 504(b)(1)
‘‘(B) INCLUSIONS.—The term ‘modification’ station that includes rail service; of the Federal Credit Reform Act of 1990 (2
includes— ‘‘(iii) has a high probability of the appli- U.S.C. 661c(b)(1)), including the cost of a
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‘‘(i) the sale of loan assets, with or without cant commencing the contracting process for modification of a direct loan or loan guar-
recourse, and the purchase of guaranteed construction not later than 90 days after the antee, the Secretary may accept on behalf of
loans; and date on which the direct loan or loan guar- an applicant for assistance under this sec-
‘‘(ii) any action resulting from new legisla- antee is obligated for the project under this tion a commitment from a non-Federal
tion, or from the exercise of administrative chapter; and source, including a State or local govern-
discretion under existing law, that directly ‘‘(iv) has a high probability of reducing the ment or agency, or public benefit corpora-
or indirectly alters the estimated cost of need for financial assistance under any other tion or public authority of a State or local
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2593
government, to fund, in whole or in part, the market value of the going concern, con- ‘‘(ii) would adversely affect the ability of
credit risk premiums and modification costs sidering— the applicant, railroad, or railroad partner
with respect to the loan that is the subject ‘‘(aa) inclusion in the pledge of all the as- to perform any obligation entered into by
of the application or modification. sets necessary for independent operational the applicant under this section;
‘‘(B) LIMITATION.—The aggregate of appro- utility of the collateral, including tangible ‘‘(B) will, consistent with its capital re-
priations of budget authority and credit risk assets such as real property, track and struc- sources, maintain its capital program, equip-
premiums described in this paragraph with ture, equipment and rolling stock, stations, ment, facilities, and operations on a con-
respect to a direct loan or loan guarantee systems and maintenance facilities and in- tinuing basis; and
shall not be less than the cost of that direct tangible assets such as long-term shipping ‘‘(C) will not make any discretionary divi-
loan or loan guarantee. agreements, easements, leases and access dend payments that unreasonably conflict
‘‘(2) CREDIT RISK PREMIUM AMOUNT.—The rights such as for trackage and haulage; with the purposes stated in subsection (b).
Secretary shall determine the amount re- ‘‘(bb) interchange commitments; and ‘‘(2) COLLATERAL AND REQUEST FOR ASSIST-
quired for credit risk premiums under this ‘‘(cc) the value of the asset as determined ANCE FROM ANOTHER SOURCE NOT REQUIRED.—
subsection on the basis of— through the cost or market approaches, or ‘‘(A) COLLATERAL.—
‘‘(A) the circumstances of the applicant, the market value of the going concern, with ‘‘(i) IN GENERAL.—The Secretary shall not
including the amount of collateral offered, if the latter considering discounted cash flows require an applicant for a direct loan or loan
any; for a period not to exceed the term of the di- guarantee under this section to provide col-
‘‘(B) the proposed schedule of loan dis- rect loan or loan guarantee. lateral.
bursements; ‘‘(B) APPRAISAL STANDARDS.—In evaluating ‘‘(ii) VALUATION.—Any collateral provided
‘‘(C) historical data on the repayment his- appraisals of collateral under subparagraph or enhanced after being provided shall be
tory of similar borrowers; (A), the Secretary shall consider— valued as a going concern after giving effect
‘‘(D) consultation with the Congressional ‘‘(i) adherence to the substance and prin- to the present value of improvements con-
Budget Office; and ciples of the Uniform Standards of Profes- templated by the completion and operation
‘‘(E) any other factors the Secretary con- sional Appraisal Practice, as developed by of the project, if applicable.
siders relevant. the Appraisal Standards Board of the Ap- ‘‘(B) REQUEST FOR ASSISTANCE FROM AN-
‘‘(3) CREDITWORTHINESS.—Upon receipt of a praisal Foundation; OTHER SOURCE.—The Secretary shall not re-
proposal from an applicant for assistance ‘‘(ii) performance of the appraisal by li- quire an applicant for a direct loan or loan
under this section, the Secretary shall ac- censed or certified appraisers as may be re- guarantee under this section to have pre-
cept, as a basis for determining the amount quired by the State of jurisdiction for the viously sought the financial assistance re-
of the credit risk premium under paragraph type of asset being appraised; and quested from another source.
(2), in addition to the value of any collateral ‘‘(iii) the qualifications of the appraisers to ‘‘(3) REQUIRED COMPLIANCE.—The Secretary
described in paragraph (5), any of the fol- value the type of collateral offered. shall require recipients of direct loans or
lowing : loan guarantees under this section to comply
‘‘(g) PREREQUISITES FOR ASSISTANCE.—The
‘‘(A) The net present value of a future with—
Secretary shall not make a direct loan or
stream of State or local subsidy income or ‘‘(A) the standards of section 24312, as in ef-
loan guarantee under this section unless the
other dedicated revenues to secure the direct fect on September 1, 2002, with respect to the
loan or loan guarantee. Secretary has made a written finding that— project in the same manner that Amtrak is
‘‘(B) Adequate coverage requirements to ‘‘(1) repayment of the obligation is re- required to comply with the standards for
ensure repayment, on a nonrecourse basis, quired to be made within a term of the lesser construction work financed under an agree-
from cash flows generated by the project or of— ment made under section 24308(a); and
any other dedicated revenue source, includ- ‘‘(A) 35 years after the date of substantial ‘‘(B) the protective arrangements estab-
ing— completion of the project; or lished under section 22404, with respect to
‘‘(i) tolls; ‘‘(B) with regard to rail equipment or fa- employees affected by actions taken in con-
‘‘(ii) user fees, including operating or ten- cilities with estimated useful lives that ex- nection with the project to be financed by
ant charges, facility rents, or other fees paid ceed the term described in subparagraph the direct loan or loan guarantee.
by transportation service providers or opera- (A)— ‘‘(4) MATCHING FUNDS.—The Secretary shall
tors for access to, or the use of, infrastruc- ‘‘(i) 50 years after the date of substantial require each recipient of a direct loan or
ture, including rail lines, bridges, tunnels, completion of the project; or loan guarantee under this section, for a
yards, or stations; and ‘‘(ii) the estimated useful life of the rail project described in subsection (b)(1)(E), to
‘‘(iii) payments owing to the obligor under equipment or facilities to be acquired, reha- provide a non-Federal match of not less than
a public-private partnership. bilitated, improved, developed, or estab- 25 percent of the total amount expended by
‘‘(C) An investment-grade rating on the di- lished, subject to an adequate determination the recipient for the project.
rect loan or loan guarantee, as applicable, of long-term risk; ‘‘(i) APPLICATION PROCESSING PROCE-
unless the total amount of the direct loan or ‘‘(2) the direct loan or loan guarantee is DURES.—
loan guarantee is greater than $150,000,000, in justified by the present and probable future ‘‘(1) APPLICATION STATUS NOTICES.—Not
which case the applicant shall have an in- demand for rail services or intermodal facili- later than 30 days after the date on which
vestment-grade rating from not fewer than 2 ties; the Secretary receives an application under
rating agencies regarding the direct loan or ‘‘(3) the applicant has given reasonable as- this section, or additional information and
loan guarantee. surances that the facilities or equipment to material under paragraph (2)(B), the Sec-
‘‘(D) A projection of freight or passenger be acquired, rehabilitated, improved, devel- retary shall provide the applicant written
demand for the project based on regionally oped, or established with the proceeds of the notice as to whether the application is com-
developed economic forecasts, including pro- obligation will be economically and effi- plete or incomplete.
jections of any modal diversion resulting ciently utilized; ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec-
from the project. ‘‘(4) the obligation can reasonably be re- retary determines that an application is in-
‘‘(4) PAYMENT OF PREMIUMS.—Credit risk paid, using an appropriate combination of complete, the Secretary shall—
premiums under this subsection shall be paid credit risk premiums and collateral offered ‘‘(A) provide the applicant with a descrip-
to the Secretary before the disbursement of by the applicant to protect the Federal Gov- tion of all of the specific information or ma-
loan amounts (and in the case of a modifica- ernment; and terial that is needed to complete the applica-
tion, before the modification is executed), to ‘‘(5) the purposes of the direct loan or loan tion, including any information required by
the extent appropriations are not available guarantee are consistent with subsection (b). an independent financial analyst; and
to the Secretary to meet the costs of direct ‘‘(h) CONDITIONS OF ASSISTANCE.— ‘‘(B) allow the applicant to resubmit the
loans and loan guarantees, including costs of ‘‘(1) IN GENERAL.—The Secretary, before application with the information and mate-
modifications of direct loans and loan guar- granting assistance under this section, shall rial described under subparagraph (A) to
antees. require the applicant to agree to such terms complete the application.
‘‘(5) COLLATERAL.— and conditions as are sufficient, in the judg- ‘‘(3) APPLICATION APPROVALS AND DIS-
‘‘(A) TYPES OF COLLATERAL.—An applicant ment of the Secretary, to ensure that, as APPROVALS.—
or infrastructure partner may propose tan- long as any principal or interest is due and ‘‘(A) IN GENERAL.—Not later than 45 days
gible and intangible assets as collateral, ex- payable on the obligation, the applicant, and after the date on which the Secretary noti-
clusive of goodwill. The Secretary, after any railroad or railroad partner for whose fies an applicant that an application is com-
evaluating each such asset— benefit the assistance is intended— plete under paragraph (1), the Secretary
‘‘(i) shall accept a net liquidation value of ‘‘(A) will not use any funds or assets from shall provide the applicant written notice as
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collateral; and railroad or intermodal operations for pur- to whether the Secretary has approved or
‘‘(ii) shall consider and may accept— poses not related to the operations, if the disapproved the application.
‘‘(I) the market value of collateral; or use— ‘‘(B) ACTIONS BY THE OFFICE OF MANAGE-
‘‘(II) in the case of a blanket pledge or as- ‘‘(i) would impair the ability of the appli- MENT AND BUDGET.—In order to enable com-
signment of an entire operating asset or bas- cant, railroad, or railroad partner to provide pliance with the time limit under subpara-
ket of assets as collateral, the net liquida- rail or intermodal services in an efficient graph (A), the Office of Management and
tion value, the market value of assets, or, and economic manner; or Budget shall take any action required with
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S2594 CONGRESSIONAL RECORD — SENATE May 21, 2020
respect to the application within that 60-day ‘‘(VIII) a schedule for the readiness of pro- be applied annually to prepay the direct loan
period. posed investments for financing; without penalty.
‘‘(4) STREAMLINED APPLICATION REVIEW ‘‘(IX) a description of any Federal permits ‘‘(B) USE OF PROCEEDS OF REFINANCING.—
PROCESS.— required, including under the National Envi- The direct loan may be prepaid at any time
‘‘(A) IN GENERAL.—Consistent with section ronmental Policy Act of 1969 (42 U.S.C. 4321 without penalty from the proceeds of refi-
116, and not later than 180 days after date of et seq.) and any waivers under section 5323(j) nancing from non-Federal funding sources.
the enactment of the Railroad Rehabilita- of title 49, United States Code (commonly re- ‘‘(k) SALE OF DIRECT LOANS.—
tion and Financing Innovation Act, the Sec- ferred to as the ‘Buy America Act’); and ‘‘(1) IN GENERAL.—Subject to paragraph (2)
retary shall make available an expedited ap- ‘‘(X) other characteristics of the proposed and as soon as practicable after substantial
plication process or processes at the request activity to be financed, borrower, key agree- completion of a project, the Secretary, after
of applicants seeking loans or loan guaran- ments, or the nature of the credit that the notifying the obligor, may sell to another
tees. Secretary considers to be fundamental to the entity or reoffer into the capital markets a
‘‘(B) CRITERIA.—Applicants seeking loans creditworthiness review; direct loan for the project if the Secretary
and loan guarantees issued under this sub- ‘‘(ii) the status of the application in the determines that the sale or reoffering has a
section shall— pre-application review and selection process; high probability of being made on favorable
‘‘(i) seek a total loan or loan guarantee ‘‘(iii) the cumulative amounts paid by the terms.
value not exceeding $100,000,000; Secretary to outside advisors related to the ‘‘(2) CONSENT OF OBLIGOR.—In making a
‘‘(ii) meet eligible project purposes in- application, including financial and legal ad- sale or reoffering under paragraph (1), the
cluded in subparagraphs (A)(i), (A)(ii), and visors; Secretary shall not change the original
(B) of subsection (b)(1); and ‘‘(iv) a description of the key rating factors terms and conditions of the secured loan
‘‘(iii) meet other criteria considered appro- used by the Secretary to determine credit without the prior written consent of the ob-
priate by the Secretary, in consultation with risk, including— ligor.
the Department of Transportation Council ‘‘(I) the qualitative and quantitative fac- ‘‘(l) NONSUBORDINATION.—
on Credit and Finance. tors used to determine risk for the proposed ‘‘(1) IN GENERAL.—Except as provided in
‘‘(C) EXPEDITED CREDIT REVIEW.—The total application; paragraph (2), a direct loan provided by the
time between the submission of a draft appli- ‘‘(II) an adjectival risk rating for each Secretary under this section shall not be
cation and the approval or disapproval of a identified factor, ranked as either low, mod- subordinated to the claims of any holder of
loan or loan guarantee for an applicant erate, or high; and project obligations in the event of bank-
under this paragraph shall not exceed 90 ‘‘(v) a nonbinding estimate of the credit ruptcy, insolvency, or liquidation of the obli-
days. If an application review conducted risk premium, which may be in the form of— gor.
under this paragraph exceeds 90 days, the ‘‘(I) a range, based on the assessment of ‘‘(2) PREEXISTING INDENTURES.—
Secretary shall— risk factors described in clause (iv); or ‘‘(A) IN GENERAL.—The Secretary may
‘‘(i) provide written notice to the appli- ‘‘(II) a justification for why the estimate of waive the requirement under paragraph (1)
cant, including a justification for the delay the credit risk premium cannot be deter- for a public agency borrower that is financ-
and updated estimate of the time needed for mined based on available information; and ing ongoing capital programs and has out-
approval or disapproval; and standing senior bonds under a preexisting in-
‘‘(vi) a description of key information the
‘‘(ii) publish the notice on the dashboard denture if—
Secretary needs from the applicant to com-
described in paragraph (5). ‘‘(i) the direct loan is rated in the A cat-
plete the credit review process and make a
‘‘(5) DASHBOARD.—The Secretary shall post, egory or higher;
final determination of the credit risk pre-
on the Department of Transportation’s inter- ‘‘(ii) the direct loan is secured and payable
mium.
net website, a monthly report that includes, from pledged revenues not affected by
‘‘(B) REPORT.—The Secretary shall submit
for each application— project performance, such as a tax-based rev-
the report described in subparagraph (A) not
‘‘(A) the applicant type; enue pledge or a system-backed pledge of
less frequently than every 45 days after the
‘‘(B) the location of the project;
date on which the Secretary presents the project revenues; and
‘‘(C) a brief description of the project, in-
first request to the applicant for funding to ‘‘(iii) the program share, under this chap-
cluding its purpose;
pay fees for advisors described in subpara- ter, of eligible project costs is 50 percent or
‘‘(D) the requested direct loan or loan
graph (A)(iii). less.
guarantee amount;
‘‘(C) EXCEPTION.—The report required ‘‘(B) LIMITATION.—The Secretary may im-
‘‘(E) the date on which the Secretary pro-
under this paragraph shall not be applied to pose limitations for the waiver of the non-
vided application status notice under para-
applications processed using the expedited subordination requirement under this para-
graph (1);
credit review process under paragraph (5)(B). graph if the Secretary determines that the
‘‘(F) the date that the Secretary provided
‘‘(j) REPAYMENT SCHEDULES.— limitations would be in the financial interest
notice of approval or disapproval under para-
‘‘(1) IN GENERAL.—The Secretary shall es- of the Federal Government.
graph (3); and
tablish a repayment schedule requiring pay- ‘‘(m) MASTER CREDIT AGREEMENTS.—
‘‘(G) whether the project utilized the expe-
ments to commence not later than 5 years ‘‘(1) IN GENERAL.—Subject to paragraph (2)
dited application process under paragraph
after the date of substantial completion. and to subsection (d), the Secretary may
(4).
‘‘(2) ACCRUAL.—Interest shall accrue as of enter into a master credit agreement that is
‘‘(6) REGULAR CREDITWORTHINESS REVIEW
STATUS REPORTS.— the date of disbursement, and shall be amor- contingent on all of the conditions for the
‘‘(A) IN GENERAL.—The Secretary shall pro- tized over the remaining term of the loan, provision of a direct loan or loan guarantee,
vide to the applicant a regular report con- beginning at the time the payments begin. as applicable, under this chapter and other
taining information related to the applica- ‘‘(3) DEFERRED PAYMENTS.— applicable requirements being satisfied prior
tion for a loan or loan guarantee, including— ‘‘(A) IN GENERAL.—If, at any time the date to the issuance of the direct loan or loan
‘‘(i) a summary of the proposed trans- of substantial completion, the obligor is un- guarantee.
action, including— able to pay the scheduled loan repayments of ‘‘(2) CONDITIONS.—Each master credit
‘‘(I) the total value of the proposed loan or principal and interest on a direct loan pro- agreement shall—
loan guarantee; vided under this section, the Secretary, sub- ‘‘(A) establish the maximum amount and
‘‘(II) the name of the applicant or appli- ject to subparagraph (B), may allow, for a general terms and conditions of each appli-
cants submitting an application; maximum aggregate time of 1 year over the cable direct loan or loan guarantee;
‘‘(III) the proposed capital structure of the duration of the direct loan, the obligor to ‘‘(B) identify 1 or more dedicated non-Fed-
project to which the loan or loan guarantee add unpaid principal and interest to the out- eral revenue sources that will secure the re-
would be applied, including the proposed standing balance of the direct loan. payment of each applicable direct loan or
Federal and non-Federal shares of the total ‘‘(B) INTEREST.—A payment deferred under loan guarantee;
project cost; subparagraph (A) shall— ‘‘(C) provide for the obligation of funds—
‘‘(IV) the type of activity to receive credit ‘‘(i) continue to accrue interest under para- ‘‘(i) for the direct loans or loan guarantees
assistance, including whether the project— graph (2) until the loan is fully repaid; and contingent on the meeting of all applicable
‘‘(aa) is new construction or rehabilitation ‘‘(ii) be scheduled to be amortized over the requirements and after all requirements
of existing rail equipment or facilities; remaining term of the loan. have been met, for the projects subject to
‘‘(bb) is a refinancing an existing loan or ‘‘(4) PREPAYMENTS.— the master credit agreement; and
loan guarantee; and ‘‘(A) USE OF EXCESS REVENUES.—With re- ‘‘(D) provide 1 or more dates, as deter-
‘‘(V) if a deferred payment is proposed, the spect to a direct loan provided by the Sec- mined by the Secretary, before which the
master credit agreement results in the dis-
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length of such deferment; retary under this section, any excess reve-
‘‘(VI) the credit rating or ratings provided nues that remain after satisfying scheduled bursement issuance of each of the direct
for the applicant; debt service requirements on the project ob- loans or loan guarantees or in the release of
‘‘(VII) if other credit instruments are in- ligations and direct loan and all deposit re- the master credit agreement.
volved, the proposed subordination relation- quirements under the terms of any trust ‘‘§ 22403. Administration of direct loans and
ship and a description of such other credit agreement, bond resolution, or similar loan guarantees
instruments; agreement securing project obligations may ‘‘(a) APPLICATIONS.—
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2595
‘‘(1) IN GENERAL.—The Secretary shall pre- ‘‘(B) if the default has continued for more ‘‘(1) PURPOSES.—The Secretary may collect
scribe the form and contents required of ap- than 90 days, the Secretary shall pay to the from each applicant, obligor, or loan party a
plications for assistance under section 22402, holder of the obligation, or the holder’s reasonable charge for—
to enable the Secretary to determine the eli- agent, 90 percent of the unpaid guaranteed ‘‘(A) the cost of evaluating the application,
gibility of the applicant’s proposal, and shall principal; amendments, modifications, and waivers, in-
establish terms and conditions for direct ‘‘(C) after final resolution of the default, cluding for evaluating project viability, ap-
loans and loan guarantees made under that through liquidation or otherwise, the Sec- plicant creditworthiness, and the appraisal
section, including a program guide, a stand- retary shall pay to the holder of the obliga- of the value of the equipment or facilities for
ard term sheet, and specific timetables. tion, or the holder’s agent, any remaining which the direct loan or loan guarantee is
‘‘(2) DOCUMENTATION.—An applicant meet- amounts guaranteed but that were not re- sought, and for making necessary determina-
ing the size standard for small business con- covered through the default’s resolution; tions and findings;
cerns established under section 3(a)(2) of the ‘‘(D) the Secretary shall not be required to ‘‘(B) to cost of award management and
Small Business Act (15 U.S.C. 632(a)(2)) may make any payment under subparagraphs (A) project management oversight;
provide unaudited financial statements as through (C) if the Secretary finds, before the ‘‘(C) the cost of services from expert firms,
documentation of historical financial infor- expiration of the periods described in such including counsel, and independent financial
mation if such statements are accompanied subparagraphs, that the default has been advisors to assist in the underwriting, audit-
by the applicant’s Federal tax returns and remedied; and ing, servicing, and exercise of rights with re-
Internal Revenue Service tax verifications ‘‘(E) the holder of the obligation shall not spect to direct loans and loan guarantees;
for the corresponding years. receive payment or be entitled to retain pay- and
‘‘(b) FULL FAITH AND CREDIT.—All guaran- ment in a total amount that, together with ‘‘(D) the cost of all other expenses incurred
tees entered into by the Secretary under sec- all other recoveries (including any recovery as a result of a breach of any term or condi-
tion 22402 shall constitute general obliga- based upon a security interest in equipment tion or any event of default on a direct loan
tions of the United States of America and or facilities) exceeds the actual loss of the or loan guarantee.
shall be backed by the full faith and credit of holder. ‘‘(2) CHARGE DIFFERENT AMOUNTS.—The Sec-
the United States of America. ‘‘(h) RIGHTS OF THE SECRETARY.— retary may charge different amounts under
‘‘(c) ASSIGNMENT OF LOAN GUARANTEES.— ‘‘(1) SUBROGATION.—If the Secretary makes this subsection based on the different costs
The holder of a loan guarantee made under payment to a holder, or a holder’s agent, incurred under paragraph (1).
section 22402 may assign the loan guarantee under subsection (g) in connection with a ‘‘(3) SERVICER.—
in whole or in part, subject to such require- loan guarantee made under section 22402, the ‘‘(A) IN GENERAL.—The Secretary may ap-
ments as the Secretary may prescribe. Secretary shall be subrogated to all of the point a financial entity to assist the Sec-
‘‘(d) MODIFICATIONS.—The Secretary may retary in servicing a direct loan or loan
rights of the holder with respect to the obli-
approve the modification of any term or con- guarantee under this chapter.
gor under the loan.
dition of a direct loan, loan guarantee, direct
‘‘(2) DISPOSITION OF PROPERTY.—The Sec- ‘‘(B) DUTIES.—A servicer appointed under
loan obligation, or loan guarantee commit-
retary may complete, recondition, recon- subparagraph (A) shall act as the agent of
ment, including the rate of interest, time of
struct, renovate, repair, maintain, operate, the Secretary in servicing a direct loan or
payment of interest or principal, or security
charter, rent, sell, or otherwise dispose of loan guarantee under this chapter.
requirements, if the Secretary finds in writ-
any property or other interests obtained pur- ‘‘(C) FEES.—A servicer appointed under
ing that—
suant to this section. The Secretary shall subparagraph (A) shall receive a servicing
‘‘(1) the modification is equitable and is in
not be subject to any Federal or State regu- fee from the obligor or other loan party, sub-
the overall best interests of the United
latory requirements when carrying out this ject to approval by the Secretary.
States;
paragraph. ‘‘(4) NATIONAL SURFACE TRANSPORTATION
‘‘(2) consent has been obtained from the ap-
‘‘(i) ACTION AGAINST OBLIGOR.— AND INNOVATIVE FINANCE BUREAU ACCOUNT.—
plicant and in the case of a loan guarantee or
‘‘(1) IN GENERAL.—The Secretary may bring Amounts collected under this subsection
loan guarantee commitment, the holder of
a civil action in an appropriate Federal court shall—
the obligation; and
in the name of the United States in the ‘‘(A) be credited directly to the National
‘‘(3) the modification cost has been covered
event of a default on a direct loan made Surface Transportation and Innovative Fi-
under section 22402(f).
under section 22402 or in the name of the nance Bureau Account; and
‘‘(e) COMPLIANCE.—The Secretary shall en-
United States or of the holder of the obliga- ‘‘(B) remain available until expended to
sure compliance by an applicant, any other
tion in the event of a default on a loan guar- pay for the costs described in this sub-
party to the loan, and any railroad or rail-
anteed under section 22402. section.
road partner for whose benefit assistance is
intended, with the provisions of this chapter, ‘‘(2) RECORDS AND EVIDENCE.—The holder of ‘‘(m) FEES AND CHARGES.—Except as pro-
regulations issued under this chapter, and a guarantee shall make available to the Sec- vided in this chapter, the Secretary may not
the terms and conditions of the direct loan retary all records and evidence necessary to assess fees, including user fees, or charges in
or loan guarantee, including through regular prosecute the civil action. connection with a direct loan or loan guar-
periodic inspections. ‘‘(3) PROPERTY AS SATISFACTION OF SUMS
antee provided under section 22402.
‘‘(f) COMMERCIAL VALIDITY.— OWED.—The Secretary may accept property
‘‘(1) IN GENERAL.—For purposes of claims in full or partial satisfaction of any sums ‘‘§ 22404. Employee protection
by any party other than the Secretary, a owed as a result of a default.
‘‘(4) EXCESS AMOUNT.— ‘‘(a) IN GENERAL.—
loan guarantee or loan guarantee commit-
‘‘(A) PAYMENT TO OBLIGOR.—If the Sec- ‘‘(1) FAIR AND EQUITABLE ARRANGEMENTS.—
ment shall be conclusive evidence that the
retary receives, through the sale or other Fair and equitable arrangements shall be
underlying obligation is in compliance with
disposition of the property described in para- provided, in accordance with this section, to
the provisions of this chapter, and that the
graph (3), an excess amount described in sub- protect the interests of any employees who
obligation has been approved and is legal as
paragraph (B), the Secretary shall pay to the may be affected by actions taken pursuant
to principal, interest, and other terms.
obligor the excess amount. to authorizations or approval obtained under
‘‘(2) VALID AND INCONTESTABLE.—A guar-
‘‘(B) AMOUNT.—An excess amount under this chapter.
antee or commitment under paragraph (1)
this subparagraph is an amount the exceeds ‘‘(2) ARRANGEMENTS BY AGREEMENTS.—The
shall be valid and incontestable in the hands
the aggregate of— arrangements under paragraph (1) shall be
of a holder of the guarantee or commitment,
‘‘(i) the amount paid to the holder of a determined by the execution of an agree-
including the original lender or any other
guarantee under subsection (g); and ment between the representatives of the rail-
holder, as of the date when the Secretary
‘‘(ii) any other cost to the United States of roads and the representatives of their em-
granted the application for the guarantee or
remedying the default. ployees not later than June 4, 1976.
commitment, except as to fraud or material
‘‘(j) BREACH OF CONDITIONS.—The Attorney ‘‘(3) PRESCRIBED ARRANGEMENTS.—In the
misrepresentation by the holder.
‘‘(g) DEFAULT.— General shall commence a civil action in an absence of an executed agreement under
‘‘(1) IN GENERAL.—The Secretary shall pre- appropriate Federal court to enjoin any ac- paragraph (2), the Secretary of Labor shall
scribe regulations setting forth procedures in tivity that the Secretary finds is in violation prescribe the applicable protective arrange-
the event of default on a loan made or guar- of this chapter, regulations issued under this ments not later than July 4, 1976.
anteed under section 22402. chapter, or any conditions that were agreed ‘‘(b) TERMS.—
‘‘(2) LOAN GUARANTEES.—The Secretary to, and to secure any other appropriate re- ‘‘(1) APPLICABILITY TO EXISTING EMPLOY-
shall ensure that each loan guarantee made lief. EES.—The arrangements required under sub-
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under section 22402 contains terms and con- ‘‘(k) ATTACHMENT.—No attachment or exe- section (a) shall apply to each employee who
ditions that provide that— cution may be issued against the Secretary, has an employment relationship with a rail-
‘‘(A) if a payment of principal or interest or any property in the control of the Sec- road on the date on which the railroad first
under the loan is in default for more than 30 retary, prior to the entry of final judgment applies for financial assistance under this
days, the Secretary shall pay to the holder of to that effect in any Federal, State, or other chapter.
the obligation, or the holder’s agent, the court. ‘‘(2) INCLUSIONS.—Such arrangements shall
amount of unpaid guaranteed interest; ‘‘(l) CHARGES AND LOAN SERVICING.— include such provisions as may be necessary
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S2596 CONGRESSIONAL RECORD — SENATE May 21, 2020
for the negotiation and execution of agree- ‘‘§ 22406. Funding by striking ‘‘section 502(f) of the Railroad
ments as to the manner in which the protec- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— Revitalization and Regulatory Reform Act of
tive arrangements shall be applied, including ‘‘(1) IN GENERAL.—There are authorized to 1976 (45 U.S.C. 822(f)), as amended by section
notice requirements. be appropriated out of the General Fund for 11607 of this Act’’ and inserting ‘‘section
‘‘(3) EXECUTION PRIOR TO IMPLEMENTATION credit assistance under this chapter— 22402(f) of title 49, United States Code’’.
OF WORK.—The agreements shall be executed ‘‘(A) $30,000,000 for fiscal year 2021; (4) Section 7203(b)(2) of the Transportation
prior to implementation of work funded from ‘‘(B) $31,000,000 for fiscal year 2022; Equity Act for the 21st Century (Public Law
financial assistance under this chapter. ‘‘(C) $32,000,000 for fiscal year 2023; 105–178; 45 U.S.C. 821 note) is amended by
‘‘(4) ARBITRATION.— ‘‘(D) $33,000,000 for fiscal year 2024; and striking ‘‘title V of the Railroad Revitaliza-
‘‘(A) IN GENERAL.—If an agreement de- ‘‘(E) $34,000,000 for fiscal year 2025. tion and Regulatory Reform Act of 1976 (45
scribed in subsection (a)(2) is not reached ‘‘(2) AVAILABILITY.—Amounts appropriated U.S.C. 821 et seq.)’’ and inserting ‘‘chapter
within 30 days after the date on which an ap- pursuant to this subsection shall remain 224 of title 49, United States Code,’’.
plication for the assistance is approved, ei- available until expended. (5) Section 212(d)(1) of Hamm Alert Mari-
ther party to the dispute may submit the ‘‘(b) USE OF FUNDS.— time Safety Act of 2018 (title II of Public
issue for final and binding arbitration. ‘‘(1) IN GENERAL.—Except as provided in Law 115–265; 45 U.S.C. 822 note) is amended,
‘‘(B) DECISION.— paragraph (2), amounts appropriated pursu- in the matter preceding subparagraph (A), by
‘‘(i) WHEN DECISION IS TO BE RENDERED.— ant to this section shall be used for loans striking ‘‘for purposes of section 502(f)(4) of
The decision on any arbitration under this and loan guarantees with a total value of not the Railroad Revitalization and Regulatory
paragraph shall be rendered within 30 days more than $200,000,000. Reform Act of 1976 (45 U.S.C. 822(f)(4))’’ and
after the submission. ‘‘(2) ADMINISTRATIVE COSTS.—In each fiscal inserting ‘‘for purposes of section 22402 of
‘‘(ii) EFFECT.—The arbitration decision— year, not less than $3,000,000 of the amounts title 49, United States Code’’.
‘‘(I) shall not modify the protection af- appropriated pursuant to subsection (a) shall (6) Section 15(f) of the Milwaukee Railroad
forded in the protective arrangements estab- be made available for the Secretary for use Restructuring Act (45 U.S.C. 914(f)) is amend-
lished pursuant to this section; in lieu of charges collected under section ed by striking ‘‘Section 516 of the Railroad
‘‘(II) shall be final and binding on the par- 22403(l)(1) for freight railroads other than Revitalization and Regulatory Reform Act of
ties to the arbitration; and Class I carriers and passenger railroads. 1976 (45 U.S.C. 836)’’ and inserting ‘‘Section
‘‘(III) shall become a part of the agree- ‘‘(3) SHORT LINE SET-ASIDE.—In each fiscal 22404 of title 49, United States Code,’’.
ment. year, not less than 50 percent of the amounts (7) Section 104(b) of the Rock Island Rail-
‘‘(5) OTHER INCLUSIONS.—The arrangements appropriated pursuant to subsection (a) that road Transition and Employee Assistance
shall also include such provisions as may be remain available after the set aside de- Act (45 U.S.C. 1003(b)) is amended—
necessary— (A) in paragraph (1), by striking ‘‘title V of
scribed in paragraph (2) shall be set aside for
‘‘(A) for the preservation of compensation the Railroad Revitalization and Regulatory
freight railroads other than Class I carriers.
(including subsequent general wage in- Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and
‘‘(4) PASSENGER RAIL SET-ASIDE.—Any
creases, vacation allowances, and monthly inserting ‘‘chapter 224 of title 49, United
amounts appropriated pursuant to sub-
compensation guarantees), right, privileges, States Code,’’; and
section (a) that remain available after the
and benefits (including fringe benefits such (B) in paragraph (2), by striking ‘‘title V of
set-asides described in paragraphs (2) and (3)
the Railroad Revitalization and Regulatory
as pensions, hospitalization, and vacations, shall be set aside for passenger railroads.’’.
Reform Act of 1976, and section 516 of such
under the same conditions and so long as the (b) CLERICAL AMENDMENT.—The table of
Act (45 U.S.C. 836)’’ and inserting ‘‘chapter
benefits continue to be accorded to other chapters for title 49, United States Code, is
224 of title 49, United States Code, and sec-
employees of the employing railroad in ac- amended by inserting after the item relating
tion 22404 of title 49, United States Code,’’.
tive service or on furlough, as the case may to chapter 223 the following:
(8) Section 104(b)(2) of the Rock Island
be) to the employees under existing collec- ‘‘CHAPTER 224—RAILROAD REHABILITATION Railroad Transition and Employee Assist-
tive-bargaining agreements or otherwise; AND IMPROVEMENT FINANCING PROGRAM’’. ance Act (45 U.S.C. 1003(b)(2)) is amended by
‘‘(B) to provide for final and binding arbi- SEC. 3. CONFORMING AMENDMENTS. striking ‘‘title V of the Railroad Revitaliza-
tration of any dispute that cannot be settled (a) NATIONAL TRAILS SYSTEM ACT.—Section tion and Regulatory Reform Act of 1976, and
by the parties with respect to the interpreta- 8(d) of the National Trails System Act (16 section 516 of such Act (45 U.S.C. 836)’’ and
tion, application, or enforcement of the pro- U.S.C. 1247(d)) is amended by inserting ‘‘(45 inserting ‘‘chapter 224 of title 49, United
visions of the protective arrangements; U.S.C. 801 et seq.) and chapter 224 of title 49, States Code, and section 22404 of such title
‘‘(C) to provide that an employee who is United States Code’’ after ‘‘1976’’. 49,’’.
unable to secure employment by the exercise (b) PASSENGER RAIL REFORM AND INVEST- (d) TITLE 49.—
of the employee’s seniority rights, as a re- MENT ACT.—Section 11315(c) of the Passenger (1) Section 116(d)(1)(B) of title 49, United
sult of actions taken with financial assist- Rail Reform and Investment Act of 2015 (23 States Code, is amended by striking ‘‘sec-
ance obtained under this chapter, shall be of- U.S.C. 322 note; Public Law 114–94) is amend- tions 501 through 503 of the Railroad Revital-
fered reassignment and, where necessary, re- ed by striking ‘‘sections 502 and 503 of the ization and Regulatory Reform Act of 1976
training to fill a position comparable to the Railroad Revitalization and Regulatory Re- (45 U.S.C. 821–823)’’ and inserting ‘‘sections
position held at the time of the adverse ef- form Act of 1976’’ and inserting ‘‘sections 22401 through 22403 of this title’’.
fect and for which the employee is, or by 22402 and 22403 of title 49, United States (2) Section 306(b) of title 49, United States
training and retraining can become, phys- Code’’. Code, is amended—
ically and mentally qualified, so long as the (c) PROVISIONS CLASSIFIED IN TITLE 45, (A) by striking ‘‘chapter 221 or 249 of this
offer is not in contravention of collective UNITED STATES CODE.— title,’’ and inserting ‘‘chapter 221, 224, or 249
bargaining agreements relating to the provi- (1) Section 101 of the Railroad Revitaliza- of this title,’’; and
sions in this paragraph; and tion and Regulatory Reform Act of 1976 (45 (B) by striking ‘‘, or title V of the Railroad
‘‘(D) to provide that the protection af- U.S.C. 801) is amended— Revitalization and Regulatory Reform Act of
forded pursuant to this section shall not be (A) in subsection (a), in the matter pre- 1976 (45 U.S.C. 821 et seq.)’’.
applicable to employees benefitted solely as ceding paragraph (1), by striking ‘‘It is the (3) Section 11311(d) of the Passenger Rail
a result of the work that is financed by funds purpose of the Congress in this Act to’’ and Reform and Investment Act of 2015 (Public
provided pursuant to this chapter. inserting ‘‘The purpose of this Act and chap- Law 114–94; 49 U.S.C. 20101 note) is amended
‘‘(c) SUBCONTRACTING.—The arrangements ter 224 of subtitle V of title 49, United States by striking ‘‘, and section 502 of the Railroad
that are required to be negotiated by the Code, is to’’; and Revitalization and Regulatory Reform Act of
parties or prescribed by the Secretary of (B) in subsection (b), in the matter pre- 1976 (45 U.S.C. 822)’’.
Labor, pursuant to subsections (a) and (b), ceding paragraph (1), by striking ‘‘It is de- (4) Section 205(g) of the Passenger Rail In-
shall include provisions regulating subcon- clared to be the policy of the Congress in vestment and Improvement Act of 2008 (divi-
tracting by the railroads of work that is fi- this Act’’ and inserting ‘‘The policy of this sion B of Public Law 110–432; 49 U.S.C. 24101
nanced by funds provided pursuant to this Act and chapter 224 of title 49, United States note) is amended by striking ‘‘title V of the
chapter. Code, is’’. Railroad Revitalization and Regulatory Re-
(2) Section 11607(b) of the Railroad Infra- form Act of 1976 (45 U.S.C. 821 et seq.)’’ and
‘‘§ 22405. Substantive criteria and standards
structure Financing Improvement Act (Pub- inserting ‘‘chapter 224 of title 49, United
‘‘The Secretary shall publish in the Fed- lic Law 114–94; 45 U.S.C. 821 note) is amended States Code’’.
eral Register and post on the Department of by striking ‘‘All provisions under sections (5) Section 22905(c)(2)(B) of title 49, United
Transportation website the substantive cri- 502 through 504 of the Railroad Revitaliza- States Code, is amended by striking ‘‘section
dlhill on DSK120RN23PROD with SENATE
teria and standards used by the Secretary to tion and Regulatory Reform Act of 1976 (45 504 of the Railroad Revitalization and Regu-
determine whether to approve or disapprove U.S.C. 8301 et seq.)’’ and inserting ‘‘All provi- latory Reform Act of 1976 (45 U.S.C. 836)’’ and
applications submitted under section 22404. sions under section 22404 through 22404 of inserting ‘‘section 22404 of this title’’.
The Secretary shall ensure adequate proce- title 49, United States Code,’’. (6) Section 24903 of title 49, United States
dures and guidelines are in place to permit (3) Section 11610(b) of the Railroad Infra- Code, is amended—
the filing of complete applications within 30 structure Financing Improvement Act (Pub- (A) in subsection (a)(6), by striking ‘‘and
days of the publication. lic Law 114–94; 45 U.S.C. 821 note) is amended the Railroad Revitalization and Regulatory
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2597
Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and Schedule of Laws Repealed—Continued (4) The distribution of innovation jobs and
inserting ‘‘, the Railroad Revitalization and investment in the United States has become
Regulatory Reform Act of 1976 (45 U.S.C. 801 United States largely concentrated in just a few locations,
et seq.), and chapter 224 of this title’’; and Code while much of the Nation has been left out of
Act Section
(B) in subsection (c)(2), by striking ‘‘and Former Clas- growth in the innovation sector. More than
the Railroad Revitalization and Regulatory sification 90 percent of the Nation’s innovation sector
Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and Safe, Account-
employment growth in the last 15 years was
inserting ‘‘, the Railroad Revitalization and able, Flexible, generated in just 5 major cities. The Federal
Regulatory Reform Act of 1976 (45 U.S.C. 801 Efficient Government must address this imbalance in
et seq.), and chapter 224 of this title’’. Transpor- opportunity by partnering with the private
tation Equity sector to build new technology hubs across
SEC. 4. TRANSITIONAL AND SAVINGS PROVI- Act: A Legacy the country, spreading innovation sector
SIONS. for Users or
jobs more broadly, and tapping the talent
SAFETEA–LU
(a) DEFINITIONS.—In this section: (Public Law and potential of the entire Nation to ensure
(1) RESTATED PROVISION.—The term ‘‘re- 109–59) ........... 9003(j) ............... 45 U.S.C. 822 the United States leads the industries of the
stated provision’’ means a provision of chap- note. future.
ter 224 of title 49, United States Code, as (5) Since its inception, the National
added by section 2. Science Foundation has carried out vital
(2) SOURCE PROVISION.—The term ‘‘source
By Mr. SCHUMER (for himself work supporting basic research and people to
provision’’ means a provision of law that is and Mr. YOUNG): create knowledge that is a primary driver of
replaced by a restated provision. S. 3832. A bill to establish a new Di- the economy of the United States and en-
rectorate for Technology in the redes- hances the Nation’s security.
(b) CUTOFF DATE.—
(1) IN GENERAL.—The restated provisions ignated National Science and Tech- SEC. 3. NATIONAL SCIENCE AND TECHNOLOGY
replace certain source provisions enacted on nology Foundation, to establish a re- FOUNDATION.
or before March 12, 2019. gional technology hub program, to re-
(a) REDESIGNATION OF NATIONAL SCIENCE
(2) SUBSEQUENT AMENDMENTS AND RE- quire a strategy and report on eco- FOUNDATION AS NATIONAL SCIENCE AND TECH-
PEALS.—If a law enacted after March 12, 2019 nomic security, science, research, and NOLOGY FOUNDATION.—
amends or repeals a source provision, that innovation, and for other purposes; to (1) IN GENERAL.—Section 2 of the Act of
law is deemed to amend or repeal, as the case the Committee on Health, Education, May 10, 1950 (64 Stat. 149, chapter 171; 42
may be, the corresponding restated provi-
sion. If a law enacted after March 12, 2019 is
Labor, and Pensions. U.S.C. 1861) is amended—
Mr. SCHUMER. Mr. President, I ask (A) in the section heading, by inserting
otherwise inconsistent with a restated provi-
unanimous consent that the text of the ‘‘AND TECHNOLOGY’’ after ‘‘SCIENCE’’; and
sion of this Act, that law supersedes the re-
(B) by striking ‘‘the National Science
stated provision of this Act to the extent of bill be printed in the RECORD.
Foundation’’ and inserting ‘‘the National
the inconsistency. There being no objection, the text of Science and Technology Foundation’’.
(c) ORIGINAL DATE OF ENACTMENT UN- the bill was ordered to be printed in (2) REFERENCES.—Any reference in any law,
CHANGED.—A restated provision is deemed to the RECORD, as follows: rule, regulation, certificate, directive, in-
have been enacted on the date of enactment S. 3832 struction, or other official paper in force on
of the corresponding source provision. the date of enactment of this Act to the Na-
Be it enacted by the Senate and House of Rep-
tional Science Foundation shall be consid-
(d) REFERENCES TO RESTATED PROVISIONS.— resentatives of the United States of America in
ered to refer and apply to the National
A reference to a restated provision is deemed Congress assembled,
Science and Technology Foundation.
to refer to the corresponding source provi- SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Endless (b) ESTABLISHMENT OF DEPUTY DIRECTOR
sion. FOR TECHNOLOGY.—Section 6 of the Act of
Frontier Act’’.
(e) REFERENCES TO SOURCE PROVISIONS.—A May 10, 1950 (64 Stat. 149, chapter 171; 42
SEC. 2. FINDINGS.
reference to a source provision, including a U.S.C. 1864a) is amended—
Congress finds the following: (1) in the section heading, by striking
reference in a regulation, order, or other law, (1) For over 70 years, the United States has
is deemed to refer to the corresponding re- ‘‘DEPUTY DIRECTOR’’ and inserting ‘‘DEPUTY
been the unequivocal global leader in sci- DIRECTORS’’;
stated provision. entific and technological innovation, and as (2) in the first sentence—
(f) REGULATIONS, ORDERS, AND OTHER AD- a result the people of the United States have (A) by striking ‘‘a Deputy Director’’ and
benefitted through good-paying jobs, eco- inserting ‘‘2 Deputy Directors’’; and
MINISTRATIVE ACTIONS.—A regulation, order,
nomic prosperity, and a higher quality of (B) by inserting ‘‘and in accordance with
or other administrative action in effect
life. Today, however, this leadership position the expedited procedures established under
under a source provision continues in effect is being eroded and challenged by foreign
under the corresponding restated provision. S. Res. 116 (112th Congress)’’ after ‘‘the Sen-
competitors, some of whom are stealing in- ate’’;
(g) ACTIONS TAKEN AND OFFENSES COM- tellectual property and trade secrets of the (3) in the third sentence, by striking ‘‘The
MITTED.—An action taken or an offense com- United States and aggressively investing in Deputy Director shall receive’’ and inserting
mitted under a source provision is deemed to fundamental research and commercialization ‘‘Each Deputy Director shall receive’’;
to dominate the key technology fields of the (4) by inserting after the third sentence the
have been taken or committed under the cor-
future. While the United States once led the following: ‘‘The Deputy Director for Tech-
responding restated provision. world in the share of our economy invested nology shall oversee, and perform duties re-
SEC. 5. REPEALS. in research, our Nation now ranks 9th glob- lating to, the Directorate for Technology of
ally in total research and development and the Foundation, as established under section
The following provisions of law are re- 12th in publicly financed research and devel- 8A, and the Deputy Director for Science
pealed, except with respect to rights and du- opment. shall oversee, and perform duties relating to,
ties that matured, penalties that were in- (2) Without a significant increase in in- the other activities and directorates sup-
curred, or proceedings that were begun be- vestment in research, education, technology ported by the Foundation.’’; and
fore the date of enactment of this Act: transfer, and the core strengths of the (5) in the last sentence, by striking ‘‘The
United States innovation ecosystem, it is Deputy Director shall act’’ and inserting
Schedule of Laws Repealed only a matter of time before the global com- ‘‘The Deputy Director for Science shall act’’.
petitors of the United States overtake the
United States in terms of technological pri- (c) ESTABLISHMENT OF DIRECTORATE FOR
United States
Code macy. The country that wins the race in key TECHNOLOGY.—The Act of May 10, 1950 (64
Act Section technologies—such as artificial intelligence, Stat. 149, chapter 171; 42 U.S.C. 1861 et seq.)
Former Clas-
sification quantum computing, advanced communica- is amended—
tions, and advanced manufacturing—will be (1) in section 8 (42 U.S.C. 1866), by inserting
Railroad Revi- 501 .................... 45 U.S.C. 821. the superpower of the future. at the end the following: ‘‘Such divisions
talization and
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(3) The Federal Government must catalyze shall include the Directorate for Technology
Regulatory
United States innovation by boosting funda- established under section 8A.’’; and
Reform Act of
1976 (Public mental research investments focused on dis- (2) by inserting after section 8 the fol-
Law 94–210). covering, creating, commercializing, and lowing:
502 .................... 45 U.S.C. 822. producing new technologies to ensure the
‘‘SEC. 8A. DIRECTORATE FOR TECHNOLOGY.
503 .................... 45 U.S.C. 823. leadership of the United States in the indus-
504 .................... 45 U.S.C. 836. tries of the future. ‘‘(a) DEFINITIONS.—In this section:
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S2598 CONGRESSIONAL RECORD — SENATE May 21, 2020
‘‘(1) DEPUTY DIRECTOR.—The term ‘Deputy 10, United States Code, for the Defense Ad- ‘‘(viii) cybersecurity, data storage, and
Director’ means the Deputy Director for vanced Research Projects Agency. data management technologies;
Technology. ‘‘(ii) HIGHLY QUALIFIED EXPERTS IN NEEDED ‘‘(ix) advanced energy; and
‘‘(2) DESIGNATED COUNTRY.—The term ‘des- OCCUPATIONS.—In addition to the authority ‘‘(x) materials science, engineering, and ex-
ignated country’ means a country that has provided under clause (i), the Director shall ploration relevant to the other key tech-
been approved and designated in writing by have the authority to carry out a program of nology focus areas described in this subpara-
the President for purposes of this section, personnel management authority for the Di- graph.
after providing— rectorate in the same manner, and subject to ‘‘(B) REVIEW OF KEY TECHNOLOGY FOCUS
‘‘(A) not less than 30 days of advance noti- the same requirements, as the program to AREAS AND SUBSEQUENT LISTS.—
fication and explanation to the relevant con- attract highly qualified experts carried out ‘‘(i) ADDING OR DELETING KEY TECHNOLOGY
gressional committees before the designa- by the Secretary of Defense under section FOCUS AREAS.—Beginning on the date that is
tion; and 9903 of title 5, United States Code. 4 years after the date of enactment of the
‘‘(B) in-person briefings to such commit- ‘‘(iii) ADDITIONAL HIRING AUTHORITY.—To Endless Frontier Act, and every 4 years
tees, if requested during the 30-day advance the extent needed to carry out the duties in thereafter, the Director, acting through the
notification period described in subpara- paragraph (1), the Director shall utilize hir- Deputy Director—
graph (A). ing authorities under section 3372 of title 5, ‘‘(I) shall, in consultation with the Board
‘‘(3) DIRECTORATE.—The term ‘Directorate’ United States Code, to staff the Directorate of Advisors, review the list of key tech-
means the Directorate for Technology estab- with employees from other Federal agencies, nology focus areas; and
lished under subsection (b). State and local governments, Indian tribes ‘‘(II) as part of that review, may add or de-
‘‘(4) INSTITUTION OF HIGHER EDUCATION.— and tribal organizations, institutions of lete key technology focus areas if the com-
The term ‘institution of higher education’ higher education, and other organizations, as petitive threats to the United States have
has the meaning given the term in section described in that section, in the same man- shifted (whether because the United States
101(a) of the Higher Education Act of 1965 (20 ner and subject to the same conditions, that or other nations have advanced or fallen be-
U.S.C. 1001(a)). apply to such individuals utilized to accom- hind in a technological area), subject to
‘‘(5) KEY TECHNOLOGY FOCUS AREAS.—The plish other missions of the Foundation. clause (ii).
term ‘key technology focus areas’ means the ‘‘(B) PROGRAM MANAGERS.—The employees ‘‘(ii) LIMIT ON KEY TECHNOLOGY FOCUS
areas included on the most recent list under of the Directorate may include program AREAS.—Not more than 10 key technology
subsection (c)(2). managers for the key technology focus areas, focus areas shall be included on the list of
‘‘(6) RELEVANT CONGRESSIONAL COMMIT- who shall perform a role similar to programs key technology focus areas at any time.
TEES.—The term ‘relevant congressional managers employed by the Defense Advanced ‘‘(iii) UPDATING FOCUS AREAS AND DISTRIBU-
TION.—Upon the completion of each review
committees’ means— Research Projects Agency for the oversight
‘‘(A) the Committee on Armed Services, and selection of programs supported by the under this subparagraph, the Director shall
the Committee on Commerce, Science, and Directorate. make the list of key technology focus areas
Transportation, the Committee on Appro- ‘‘(C) SELECTION OF RECIPIENTS.—Recipients readily available and publish the list in the
priations, the Committee on Foreign Rela- of support under the programs and activities Federal Register, even if no changes have
of the Directorate shall be selected by pro- been made to the prior list.
tions, and the Select Committee on Intel-
‘‘(3) ACTIVITIES.—
ligence of the Senate; and gram managers or other employees of the Di-
‘‘(A) IN GENERAL.—In carrying out the du-
‘‘(B) the Committee on Armed Services, rectorate. The Directorate may use a peer
ties and functions of the Directorate, the Di-
the Committee on Science, Space, and Tech- review process to inform the decisions of pro-
rector, acting through the Deputy Director,
nology, the Committee on Appropriations, gram managers or other employees.
may—
the Committee on Foreign Affairs, and the ‘‘(D) ASSISTANT DIRECTORS.—The Director
‘‘(i) award grants, cooperative agreements,
Permanent Select Committee on Intelligence may appoint 1 or more Assistant Directors
and contracts to—
of the House of Representatives. for the Directorate as the Director deter-
‘‘(I) individual institutions of higher edu-
‘‘(b) ESTABLISHMENT.— mines necessary, in the same manner as
cation for work at centers or by individual
‘‘(1) IN GENERAL.—Not later than 90 days other Assistant Directors of the Foundation
researchers;
after the date of enactment of the Endless are appointed. ‘‘(II) not-for-profit entities; and
Frontier Act, the Director shall establish in ‘‘(4) REPORT.—Not later than 120 days after ‘‘(III) consortia that—
the Foundation a Directorate for Tech- the date of enactment of the Endless Fron- ‘‘(aa) shall include and be led by an institu-
nology. The Directorate shall carry out the tier Act, the Director shall prepare and sub- tion of higher education, and may include 1
duties and responsibilities described in this mit a report to the relevant congressional or more additional institutions of higher
section, in order to further the following committees regarding the establishment of education;
goals: the Directorate. ‘‘(bb) may include 1 or more entities de-
‘‘(A) Strengthening the leadership of the ‘‘(c) DUTIES AND FUNCTIONS OF THE DIREC- scribed in subclause (I) or (II) and, if deter-
United States in critical technologies TORATE.— mined appropriate by the Director, for-profit
through fundamental research in the key ‘‘(1) DEVELOPMENT OF TECHNOLOGY FOCUS OF entities, including small businesses; and
technology focus areas. THE DIRECTORATE.—The Director, acting ‘‘(cc) may include 1 or more entities de-
‘‘(B) Enhancing the competitiveness of the through the Deputy Director, shall— scribed in subclause (I) or (II) from treaty al-
United States in the key technology focus ‘‘(A) advance innovation in the key tech- lies and security partners of the United
areas by improving education in the key nology focus areas through fundamental re- States;
technology focus areas and attracting more search and other activities described in this ‘‘(ii) provide funds to other divisions of the
students to such areas. section; and Foundation, including—
‘‘(C) Consistent with the operations of the ‘‘(B) develop and implement strategies to ‘‘(I) to the other directorates of the Foun-
Foundation, fostering the economic and soci- ensure that the activities of the Directorate dation to pursue basic questions about nat-
etal impact of federally funded research and are directed toward the key technology focus ural and physical phenomena that could en-
development through an accelerated trans- areas in order to accomplish the goals de- able advances in the key technology focus
lation of fundamental advances in the key scribed in subparagraphs (A) through (C) of areas;
technology focus areas into processes and subsection (b)(1) consistent with the most re- ‘‘(II) to the Directorate for Social, Behav-
products that can help achieve national cent report conducted under section 5(b) of ioral, and Economic Sciences to study ques-
goals related to economic competitiveness, the Endless Frontier Act. tions that could affect the design, operation,
domestic manufacturing, national security, ‘‘(2) KEY TECHNOLOGY FOCUS AREAS.— deployment, or the social and ethical con-
shared prosperity, energy and the environ- ‘‘(A) INITIAL LIST.—The initial key tech- sequences of technologies in the key tech-
ment, health, education and workforce de- nology focus areas are— nology focus areas; and
velopment, and transportation. ‘‘(i) artificial intelligence and machine ‘‘(III) to the Directorate for Education and
‘‘(2) DEPUTY DIRECTOR.—The Directorate learning; Human Resources to further the creation of
shall be headed by the Deputy Director. ‘‘(ii) high performance computing, semi- a domestic workforce capable of advancing
‘‘(3) ORGANIZATION AND ADMINISTRATIVE conductors, and advanced computer hard- the key technology focus areas;
MATTERS.— ware; ‘‘(iii) provide funds to other Federal re-
‘‘(A) HIRING AUTHORITY.— ‘‘(iii) quantum computing and information search agencies, including the National In-
‘‘(i) EXPERTS IN SCIENCE AND ENGINEER- systems; stitute of Standards and Technology, for in-
ING.—The Director shall have the authority ‘‘(iv) robotics, automation, and advanced tramural or extramural work in the key
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to carry out a program of personnel manage- manufacturing; technology focus areas;
ment authority for the Directorate in the ‘‘(v) natural or anthropogenic disaster pre- ‘‘(iv) make awards under the SBIR and
same manner, and subject to the same re- vention; STTR programs (as defined in section 9(e) of
quirements, as the program of personnel ‘‘(vi) advanced communications tech- the Small Business Act (15 U.S.C. 638(e)) in
management authority authorized for the nology; the same manner as awards under such pro-
Director of the Defense Advanced Research ‘‘(vii) biotechnology, genomics, and syn- grams are made by the Director of the Foun-
Projects Agency under section 1599h of title thetic biology; dation;
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2599
‘‘(v) administer prize challenges under sec- ‘‘(A) IN GENERAL.—From amounts made ‘‘(i) the steps the applicant will take to re-
tion 24 of the Stevenson-Wydler Technology available to the Directorate, the Director duce the risks for commercialization for new
Innovation Act of 1980 (15 U.S.C. 3719) in the shall, through a competitive application and technologies;
key technology focus areas, in order to ex- selection process, award grants to or enter ‘‘(ii) why such steps are likely to be effec-
pand public-private partnerships beyond di- into cooperative agreements with institu- tive; and
rect research funding; and tions of higher education or consortia de- ‘‘(iii) how such steps differ from previous
‘‘(vi) enter into and perform such con- scribed in paragraph (3)(A)(i)(III) to establish efforts to reduce the risks for commer-
tracts, including cooperative research and university technology centers. cialization for new technologies.
development arrangements and grants and ‘‘(B) USES OF FUNDS.— ‘‘(C) USE OF FUNDS.—A recipient of a grant
cooperative agreements or other trans- ‘‘(i) IN GENERAL.—A center established under this paragraph shall use grant funds to
actions, as may be necessary in the conduct under a grant or cooperative agreement reduce the risks for commercialization for
of the work of the Directorate and on such under subparagraph (A)— new technologies developed on campus,
terms as the Deputy Director considers ap- ‘‘(I) shall use support provided under such
which may include—
propriate, in furtherance of the purposes of subparagraph—
‘‘(i) creating and funding competitions to
this Act. ‘‘(aa) to carry out fundamental research to
allow entrepreneurial ideas from institutions
‘‘(B) REPORTS.—Not later than 180 days advance innovation in the key technology
focus areas; and of higher education to illustrate their com-
after the date of enactment of the Endless mercialization potential;
Frontier Act, the Director shall prepare and ‘‘(bb) to further the development of innova-
tions in the key technology focus areas, in- ‘‘(ii) facilitating mentorships between
submit to the relevant congressional com- local and national business leaders and po-
cluding—
mittees a spending plan for the next 5 years tential entrepreneurs to encourage success-
‘‘(AA) innovations derived from research
for each of the activities described in sub- ful commercialization;
carried out under item (aa), through such ac-
paragraph (A), including— ‘‘(iii) creating and funding for-profit or
tivities as proof-of-concept development and
‘‘(i) a plan to seek out additional invest- not-for-profit entities that could enable re-
prototyping, in order to reduce the cost,
ments from— searchers at institutions of higher education
time, and risk of commercializing new tech-
‘‘(I) certain designated countries; and to further develop new technology prior to
nologies; and
‘‘(II) if appropriate, private sector entities; ‘‘(BB) through the use of public-private seeking commercial financing, through pa-
and partnerships; and tient funding, advice, staff support, or other
‘‘(ii) the planned activities of the Direc- ‘‘(II) may use support provided under such means;
torate to secure federally funded science and subparagraph— ‘‘(iv) providing off-campus facilities for
technology pursuant to section 1746 of the ‘‘(aa) for the costs of equipment, including start-up companies where technology matu-
National Defense Authorization Act for Fis- mid-tier infrastructure, and the purchase of ration could occur; and
cal Year 2020 (Public Law 116–92). cyberinfrastructure resources, including ‘‘(v) revising institution policies to accom-
‘‘(C) ANNUAL BRIEFING.—Each year, the Di- computer time; or plish the goals of this paragraph.
rector shall formally request a briefing from ‘‘(bb) for other activities or costs necessary ‘‘(8) TEST BEDS.—
the Director of the Federal Bureau of Inves- to accomplish the purposes of this section. ‘‘(A) PROGRAM AUTHORIZED.—The Director,
tigation and the Director of the National ‘‘(ii) SUPPORT OF REGIONAL TECHNOLOGY acting through the Deputy Director, shall es-
Counterintelligence and Security Center re- HUBS.—Each center established under sub- tablish a program in the Directorate to
garding their efforts to preserve the United paragraph (A) may support and participate award grants, on a competitive basis, to in-
States’ advantages generated by the activity in, as appropriate, the activities of any re- stitutions of higher education or consortia
of the Directorate. gional technology hub designated under sec- described in paragraph (3)(A)(i)(III) to estab-
‘‘(4) INTERAGENCY COOPERATION.—In car- tion 27(d) of the Stevenson-Wydler Tech- lish test beds and fabrication facilities to ad-
rying out this section, the Director and nology Innovation Act of 1980 (15 U.S.C. vance the operation, integration and, as ap-
other Federal research agencies shall work 3722(d)). propriate, manufacturing of new, innovative
cooperatively with each other to further the ‘‘(C) REQUIREMENTS.—The Director shall technologies in the key technology focus
goals of this section in the key technology ensure that any institution of higher edu- areas, which may include hardware or soft-
focus areas. Each year, the Director shall cation or consortium receiving a grant or co- ware. The goal of such test beds and facili-
prepare and submit a report to Congress, and operative agreement under subparagraph (A) ties shall be to accelerate the movement of
shall simultaneously submit the report to has demonstrated an ability to advance the innovative technologies into the commercial
the Director of the Office of Science and goals described in subsection (b)(1). market through existing and new companies.
Technology Policy, describing the inter- ‘‘(7) MOVING TECHNOLOGY FROM LABORATORY ‘‘(B) PROPOSALS.—A proposal submitted
agency cooperation that occurred during the TO MARKET.—
under this paragraph shall, at a minimum,
preceding year pursuant to this paragraph, ‘‘(A) PROGRAM AUTHORIZED.—The Director
including a list of— describe—
shall establish a program in the Directorate
‘‘(A) any funds provided under paragraph ‘‘(i)(I) the 1 or more technologies that will
to award grants, on a competitive basis, to
(3)(A)(ii) to other divisions of the Founda- be the focus of the test bed or fabrication fa-
institutions of higher education or consortia
tion; and cility;
described in paragraph (3)(A)(i)(III)—
‘‘(B) any funds provided under paragraph ‘‘(i) to build capacity at an institution of ‘‘(II) the goals of the work to be done at
(3)(A)(iii) to other Federal research agencies. higher education and in its surrounding re- the test bed or facility; and
‘‘(5) PROVIDING SCHOLARSHIPS, FELLOW- gion to increase the likelihood that new ‘‘(III) the expected schedule for completing
SHIPS, AND OTHER STUDENT SUPPORT.— technologies in the key technology focus that work;
‘‘(A) IN GENERAL.—The Director, acting areas will succeed in the commercial mar- ‘‘(ii) how the applicant will assemble a
through the Directorate, shall fund under- ket; and workforce with the skills needed to operate
graduate scholarships, graduate fellowships ‘‘(ii) with the goal of promoting experi- the test bed or facility;
and traineeships, and postdoctoral student ments with a range of models that institu- ‘‘(iii) how the applicant will ensure that
awards in the key technology focus areas. tions of higher education could use to— work in the test bed or facility will con-
‘‘(B) IMPLEMENTATION.—The Director may ‘‘(I) enable new technologies to mature to tribute to the commercial viability of any
carry out subparagraph (A) by providing the point where the technologies are more technologies, which may include collabora-
funds— likely to succeed in the commercial market; tion and funding from industry partners;
‘‘(i) to the Directorate for Education and and ‘‘(iv) how the applicant will encourage the
Human Resources of the Foundation for— ‘‘(II) reduce the risks to commercial suc- participation of entrepreneurs and the devel-
‘‘(I) awards directly to students; and cess for new technologies earlier in their de- opment of new businesses; and
‘‘(II) grants or cooperative agreements to velopment. ‘‘(v) how the test bed or facility will oper-
institutions of higher education, including A grant awarded under this subparagraph for ate after Federal funding has ended.
those institutions involved in operating uni- a purpose described in clause (i) or (ii) may ‘‘(C) AWARDS.—Grants made under this
versity technology centers established under also enable the institution of higher edu- paragraph—
paragraph (6); and cation or consortium to provide training and ‘‘(i) shall be for 5 years, with the possi-
‘‘(ii) to programs in Federal research agen- support to scientists and engineers who are bility of one 3-year extension; and
cies that have experience awarding such interested in research and commercializa- ‘‘(ii) may be used for the purchase of equip-
scholarships, fellowships, traineeships, or tion, if the use is included in the proposal ment, the support of graduate students and
postdoctoral awards. submitted under subparagraph (B). postdoctoral researchers, and the salaries of
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‘‘(C) SUPPLEMENT, NOT SUPPLANT.—The Di- ‘‘(B) PROPOSALS.—An institution of higher staff.
rector shall ensure that funds made available education or consortium desiring a grant ‘‘(D) REQUIREMENTS.—As a condition of re-
under this paragraph shall be used to create under this paragraph shall submit a proposal ceiving a grant under this paragraph, an in-
additional support for postsecondary stu- to the Director at such time, in such man- stitution of higher education or consortium
dents and shall not displace funding for any ner, and containing such information as the shall publish and share with the public the
other available support. Director may require. The proposal shall in- results of the work conducted under this
‘‘(6) UNIVERSITY TECHNOLOGY CENTERS.— clude a description of— paragraph.
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S2600 CONGRESSIONAL RECORD — SENATE May 21, 2020
‘‘(9) INAPPLICABILITY.—Section 5(e)(1) shall once every 180 days for the duration of the ence, at rates authorized for employees of
not apply to grants, contracts, or other ar- Board of Advisors. agencies under subchapter I of chapter 57 of
rangements made under this section. ‘‘(C) MEETING WITH THE NATIONAL SCIENCE title 5, United States Code, while away from
‘‘(d) BOARD OF ADVISORS.— BOARD.—The Board of Advisors shall hold a their home or regular places of business in
‘‘(1) IN GENERAL.—There is established in joint meeting with the National Science the performance of services for the Board of
the Foundation a Board of Advisors for the Board on at least an annual basis, on a date Advisors.
Directorate (referred to in this section as the mutually selected by the chairperson of the ‘‘(C) STAFF.—The Deputy Director, in con-
‘Board of Advisors’), which shall provide ad- Board of Advisors and the Chairman of the sultation with the chairperson of the Board
vice to the Deputy Director pursuant to this National Science Board. of Advisors, shall assign an employee of the
subsection. The Board of Advisors shall not ‘‘(D) QUORUM.—A majority of the members Foundation to serve as an executive director
have any decision-making authority. of the Board of Advisors shall constitute a for the Board of Advisors.
‘‘(2) MEMBERSHIP.— quorum, but a lesser number of members ‘‘(D) GOVERNMENT EMPLOYEES.—
‘‘(A) COMPOSITION.—The Board of Advisors may hold hearings. ‘‘(i) IN GENERAL.—Any Federal Government
shall be comprised of 12 members rep- ‘‘(6) DUTIES OF BOARD OF ADVISORS.— employee may be detailed to the Board of
resenting scientific leaders and experts from ‘‘(A) IN GENERAL.—The Board of Advisors Advisors without reimbursement, and such
shall provide advice— detail shall be without interruption or loss
industry and academia, of whom—
‘‘(i) to the Deputy Director on programs of civil service status or privilege.
‘‘(i) 2 shall be appointed by the majority
that could best be carried out to accomplish ‘‘(ii) EMPLOYEES OF THE LEGISLATIVE
leader of the Senate;
the purposes of this section; BRANCH.—The Deputy Director shall estab-
‘‘(ii) 2 shall be appointed by the minority
‘‘(ii) to the Deputy Director to inform the lish procedures and policies to enable an em-
leader of the Senate;
reviews of key technology focus areas re- ployee of an office, agency, or other entity in
‘‘(iii) 2 shall be appointed by the Speaker
quired under subsection (c)(2)(B); and the legislative branch of the Government to
of the House of Representatives;
‘‘(iii) on other issues relating to the pur- support the activities of the Board of Advi-
‘‘(iv) 2 shall be appointed by the minority
poses and responsibilities of the Directorate, sors.
leader of the House of Representatives; and
as requested by the Deputy Director. ‘‘(E) PROCUREMENT OF TEMPORARY AND
‘‘(v) 4 shall be appointed by the Director. ‘‘(B) NO ROLE IN AWARDING GRANTS, CON- INTERMITTENT SERVICES.—The chairperson of
‘‘(B) OPPORTUNITY FOR INPUT.—Before ap- TRACTS, OR COOPERATIVE AGREEMENTS.—The the Board of Advisors, with approval from
pointing any member under subparagraph Board of Advisors shall not provide advice on the Deputy Director, may procure temporary
(A), the appointing authority shall provide or otherwise help determine what entities and intermittent services under section
an opportunity for the National Academies shall receive grants, contracts, or coopera- 3109(b) of title 5, United States Code, at rates
of Sciences, Engineering, and Medicine and tive agreements under this Act. for individuals which do not exceed the daily
other entities to provide advice regarding ‘‘(7) POWERS OF BOARD OF ADVISORS.— equivalent of the annual rate of basic pay
potential appointees. ‘‘(A) HEARINGS.—The Board of Advisors prescribed for level V of the Executive
‘‘(C) QUALIFICATIONS.— may hold public or private hearings, sit and Schedule under section 5316 of that title.
‘‘(i) IN GENERAL.—Each member appointed act at such times and places, take such testi- ‘‘(F) ASSISTANCE FROM FEDERAL AGENCIES.—
under subparagraph (A) shall— mony and receive such evidence (including A Federal department or agency may provide
‘‘(I) have extensive experience in a field re- classified testimony and evidence), and ad- to the Board of Advisors such services, funds,
lated to the work of the Directorate or other minister such oaths as may be necessary to facilities, staff, and other support services as
expertise relevant to developing technology carry out the functions of the Board of Advi- the department or agency may determine ad-
roadmaps; and sors under paragraph (6). visable and as may be authorized by law.
‘‘(II) have, or be able to obtain within a ‘‘(B) INFORMATION FROM FEDERAL AGEN- ‘‘(9) PERMANENT BOARD.—Section 14 of the
reasonable period of time, a security clear- CIES.— Federal Advisory Committee Act (5 U.S.C.
ance appropriate for the work of the Board of ‘‘(i) IN GENERAL.—Each Federal department App.) shall not apply to the Board of Advi-
Advisors. or agency shall, in accordance with applica- sors.
‘‘(ii) EXPEDITED SECURITY CLEARANCES.— ble procedures for the handling of classified ‘‘(e) AREAS OF FUNDING SUPPORT.—Subject
The process of obtaining a security clearance information, provide reasonable access to to the availability of funds under subsection
under clause (i)(II) may be expedited by the documents, statistical data, and other such (f), the Director shall, for each fiscal year,
head of the appropriate Federal agency to information that the Deputy Director, in use—
enable the Board to receive classified brief- consultation with the chairperson of the ‘‘(1) not less than 35 percent of funds pro-
ings on the current and future technological Board of Advisors, determines necessary to vided to the Directorate for such year to
capacity of other nations, and on the mili- carry out its functions under paragraph (6). carry out subsection (c)(6);
tary implications of civilian technologies. ‘‘(ii) OBTAINING CLASSIFIED INFORMATION.— ‘‘(2) not less than 15 percent of such funds
‘‘(D) DATE.—The appointments of the mem- If the Board of Advisors, acting through the to carry out subsection (c)(5) with the goal of
bers of the Board of Advisors shall be made chairperson, seeks classified information awarding, across the key technology focus
not later than 90 days after the date of en- from a Federal department or agency, the areas—
actment of the Endless Frontier Act. Deputy Director shall submit a written re- ‘‘(A) not fewer than 1,000 post-doctorate
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— quest to the head of the Federal department fellowships;
‘‘(A) IN GENERAL.—A member of the Board or agency for access to classified documents ‘‘(B) not fewer than 2,000 graduate fellow-
of Advisors shall be appointed for a 3-year and statistical data, and other classified in- ships and traineeships;
term, except that the Deputy Director shall formation described in clause (i), that is ‘‘(C) not fewer than 1,000 undergraduate
adjust the terms for the first members of the under the control of such agency. scholarships; and
Board of Advisors so that, within each ap- ‘‘(C) FINANCIAL DISCLOSURE REPORTS.—Each ‘‘(D) if funds remain after carrying out
pointment category described in clauses (i) member of the Board of Advisors shall be re- subparagraphs (A) through (C), grants to in-
through (v) of paragraph (2)(A), the terms ex- quired to file a financial disclosure report stitutions of higher education to enable the
pire on a staggered basis. under title I of the Ethics in Government institutions to fund the development and es-
‘‘(B) TERM LIMITS.—A member of the Board Act of 1978, except that such reports shall be tablishment of new or specialized courses of
of Advisors shall not serve for more than 2 held confidential and exempt from any law education for graduate, undergraduate, or
full consecutive terms. otherwise requiring their public disclosure. technical college students;
‘‘(C) VACANCIES.—Any vacancy in the ‘‘(8) BOARD OF ADVISORS PERSONNEL AND ‘‘(3) not less than 5 percent of such funds to
Board of Advisors— OPERATIONAL MATTERS.— carry out subsection (c)(7);
‘‘(i) shall not affect the powers of the ‘‘(A) COMPENSATION OF MEMBERS.— ‘‘(4) not less than 10 percent of such funds
Board of Advisors; and ‘‘(i) IN GENERAL.—A member of the Board to carry out subsection (c)(8) by establishing
‘‘(ii) shall be filled in the same manner as of Advisors shall be compensated at a rate and equipping test beds and fabrication fa-
the original appointment. equal to the daily equivalent of the annual cilities; and
‘‘(4) CHAIRPERSON.—The members of the rate of basic pay prescribed for level IV of ‘‘(5) not less than 15 percent of such funds
Board of Advisors shall elect 1 member to the Executive Schedule under section 5315 of to carry out research and related activities
serve as the chairperson of the Board of Ad- title 5, United States Code, for each day (in- pursuant to subclauses (I) and (II) of sub-
visors. cluding travel time) during which the mem- section (c)(3)(A)(ii).
‘‘(5) MEETINGS.— ber is engaged in the performance of the du- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) INITIAL MEETING.—Not later than 180 ties of the Board of Advisors. ‘‘(1) IN GENERAL.—There are authorized to
days after the date of enactment of the End- ‘‘(ii) NO FEDERAL EMPLOYEE MEMBERS.—No be appropriated for the Directorate, in addi-
dlhill on DSK120RN23PROD with SENATE
less Frontier Act, the Board of Advisors member of the Board of Advisors may be an tion to any other funds made available to
shall hold the first meeting of the Board of officer or employee of the United States dur- the Directorate, a total of $100,000,000,000 for
Advisors. ing the member’s term on the Board of Advi- fiscal years 2021 through 2025, of which—
‘‘(B) ADDITIONAL MEETINGS.—After the first sors. ‘‘(A) $2,000,000,000 is authorized for fiscal
meeting of the Board of Advisors, the Board ‘‘(B) TRAVEL EXPENSES.—A member of the year 2021;
of Advisors shall meet upon the call of the Board of Advisors shall be allowed travel ex- ‘‘(B) $8,000,000,000 is authorized for fiscal
chairperson or of the Director, and at least penses, including per diem in lieu of subsist- year 2022;
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2601
‘‘(C) $20,000,000,000 is authorized for fiscal (B) by inserting after subsection (c) the fol- ‘‘(i) aiming to designate regional tech-
year 2023; lowing: nology hubs in as many regions of the United
‘‘(D) $35,000,000,000 is authorized for fiscal ‘‘(d) DESIGNATION OF AND GRANTS IN SUP- States as possible; and
year 2024; and ‘‘(ii) focusing on localities that have clear
PORT OF REGIONAL TECHNOLOGY HUBS.—
‘‘(E) $35,000,000,000 is authorized for fiscal potential and relevant assets for developing
‘‘(1) PROGRAM REQUIRED.— a key technology focus area but have not yet
year 2025.
‘‘(A) IN GENERAL.—As part of the program become leading technology centers.
‘‘(2) APPROPRIATIONS LIMITATIONS.—
established under subsection (b), the Sec- ‘‘(3) GRANTS.—
‘‘(A) HOLD HARMLESS.—No funds shall be
appropriated to the Directorate or to carry retary shall carry out a program— ‘‘(A) IN GENERAL.—The Secretary shall
out this section for any fiscal year in which ‘‘(i) to designate eligible consortia as re- carry out clause (ii) of paragraph (1)(A)
the total amount appropriated to the Foun- gional technology hubs that create the con- through the award of grants to eligible con-
dation (not including amounts appropriated ditions, within a region, to facilitate activi- sortia designated under clause (i) of such
for the Directorate) is less than the total ties that— paragraph.
amount appropriated to the Foundation (not ‘‘(I) enable United States leadership in a ‘‘(B) TERM.—Each grant awarded under
including such amounts), adjusted by the key technology focus area, complementing subparagraph (A) shall be for a period of 5
rate of inflation, for the previous fiscal year. the Federal research and development in- years, but may be renewed once for an addi-
‘‘(B) NO TRANSFER OF FUNDS.—The Director vestments under section 8A of the Act of tional period of 5 years.
shall not transfer any funds appropriated to May 10, 1950 (64 Stat. 149, chapter 171; 42 ‘‘(C) MATCHING REQUIRED.—The total Fed-
any other directorate or office of the Foun- U.S.C. 1861 et seq.); and eral financial assistance awarded in a given
dation to the Directorate.’’. ‘‘(II) support regional economic develop- year to an eligible consortium in support of
(d) ANNUAL REPORT ON UNFUNDED PRIOR- ment that diffuses innovation capacity the eligible consortium’s operation as a re-
ITIES.— around the United States, enabling better gional technology hub under this subsection
(1) ANNUAL REPORT.—Not later than 10 days broad-based growth and competitiveness in shall not exceed amounts as follows:
after the date on which the budget of the key technology focus areas; and ‘‘(i) In fiscal year 2021, 90 percent of the
President for a fiscal year is submitted to ‘‘(ii) to support regional technology hubs total funding of the regional technology hub
Congress pursuant to section 1105 of title 31, designated under clause (i). in that fiscal year.
United States Code, the Director shall sub- ‘‘(B) ELIGIBLE CONSORTIA.—For purposes of ‘‘(ii) In fiscal year 2022, 85 percent of the
mit to the President and to Congress a re- this section, an eligible consortium is a con- total funding of the regional technology hub
port on the unfunded priorities of the Na- sortium that— in that fiscal year.
tional Science and Technology Foundation. ‘‘(i) includes— ‘‘(iii) In fiscal year 2023, 80 percent of the
(2) ELEMENTS.—Each report submitted ‘‘(I) an institution of higher education; total funding of the regional technology hub
under paragraph (1) shall provide— ‘‘(II) a local or Tribal government or other in that fiscal year.
(A) for each directorate of the National political subdivision of a State; ‘‘(iv) In fiscal year 2024 and in each fiscal
Science Foundation for the most recent, ‘‘(III) a government of a State or the eco- year thereafter, 75 percent of the total fund-
fully completed fiscal year— nomic development representative of a ing of the regional technology hub in that
(i) the proposal success rate; State; and fiscal year.
‘‘(IV) an economic development organiza- ‘‘(D) USE OF GRANT FUNDS.—The recipient
(ii) the percentage of proposals that were
tion or similar entity that is focused pri- of a grant awarded under subparagraph (A)
not funded and that met the criteria for
marily on improving science, technology, in- shall use the grant for multiple activities de-
funding; and
novation, or entrepreneurship; and termined appropriate by the Secretary, in-
(iii) the most promising research areas
cluding—
covered by proposals described in clause (ii); ‘‘(ii) may include 1 or more—
‘‘(i) the permissible activities set forth
and ‘‘(I) nonprofit entities with relevant exper-
under subsection (c)(2); and
(B) a list, in order of priority, of the next tise;
‘‘(ii) activities in support of key tech-
activities that should be undertaken in the ‘‘(II) venture development organizations;
nology focus areas—
Major Research Equipment and Facilities ‘‘(III) financial institutions; ‘‘(I) to develop the region’s skilled work-
Construction account. ‘‘(IV) educational institutions, including force through the training and retraining of
SEC. 4. REGIONAL TECHNOLOGY HUB PROGRAM. career and technical education schools; workers and alignment of career technical
(a) DEFINITIONS.— ‘‘(V) workforce training organizations; training and educational programs in the re-
(1) KEY TECHNOLOGY FOCUS AREAS.—Sub- ‘‘(VI) industry associations; gion’s elementary and secondary schools and
section (a) of section 27 of the Stevenson- ‘‘(VII) firms in the key technology focus institutions of higher education;
Wydler Technology Innovation Act of 1980 (15 areas; ‘‘(II) to develop regional strategies for in-
U.S.C. 3722) is amended— ‘‘(VIII) Federal laboratories; frastructure improvements and site develop-
(A) by redesignating paragraphs (2) ‘‘(IX) Centers (as defined in section 25(a) of ment in support of the regional technology
through (4) as paragraphs (3) through (5), re- the National Institute of Standards and hub’s plans and programs;
spectively; and Technology Act (15 U.S.C. 278k(a)); ‘‘(III) to support business activity that de-
(B) by inserting after paragraph (1) the fol- ‘‘(X) Manufacturing USA institutes (as de- velops the domestic supply chain and encour-
lowing: scribed in section 34(d) of the National Insti- ages the creation of new business entities;
‘‘(2) KEY TECHNOLOGY FOCUS AREAS.—The tute of Standards and Technology Act (15 ‘‘(IV) to attract new private, public, and
term ‘key technology focus areas’ means the U.S.C. 278s(d))); and philanthropic investment in the region for
areas included on the most recent list under ‘‘(XI) institutions receiving an award developing innovation capacity, including
section 8A(c)(2) of the Act of May 10, 1950 (64 under paragraph (6) or (7) of section 8A(c) of establishing regional venture and loan funds
Stat. 149, chapter 171; 42 U.S.C. 1861 et the Act of May 10, 1950 (64 Stat. 149, chapter for financing technology commercialization,
seq.).’’. 171; 42 U.S.C. 1861 et seq.). new business formation, and business expan-
(2) VENTURE DEVELOPMENT ORGANIZA- ‘‘(C) ADMINISTRATION.—The Secretary shall sions;
TIONS.—Paragraph (5) of such subsection, as carry out this subsection through the Assist- ‘‘(V) to further the development of innova-
redesignated by paragraph (1) of this sub- ant Secretary of Commerce for Economic tions in the key technology focus areas, in-
section, is amended by striking ‘‘purposes Development and the Under Secretary of cluding innovations derived from research
of’’ and all that follows through the period Commerce for Standards and Technology, conducted at institutions of higher edu-
at the end and inserting the following: ‘‘pur- jointly. cation or other research entities, including
poses of— ‘‘(2) DESIGNATION OF REGIONAL TECHNOLOGY research conducted by 1 or more university
‘‘(A) accelerating the commercialization of HUBS.— technology centers established under section
research; ‘‘(A) IN GENERAL.—The Secretary shall use 8A(c)(6) of the Act of May 10, 1950 (64 Stat.
‘‘(B) strengthening the competitive posi- a competitive process for the designation of 149, chapter 171; 42 U.S.C. 1861 et seq.),
tion of industry through the development, regional technology hubs under paragraph through activities that may include—
commercial adoption, or deployment of tech- (1)(A)(i). ‘‘(aa) proof-of-concept development and
nology; and ‘‘(B) NUMBER OF REGIONAL TECHNOLOGY prototyping;
‘‘(C) providing financial grants, loans, or HUBS.—During the 5-year period beginning on ‘‘(bb) public-private partnerships in order
direct financial investment to commercialize the date of the enactment of the Endless to reduce the cost, time, and risk of commer-
technology.’’. Frontier Act, the Secretary shall designate cializing new technologies;
(b) DESIGNATION OF AND SUPPORT FOR RE- not fewer than 10 and not more than 15 eligi- ‘‘(cc) creating and funding competitions to
dlhill on DSK120RN23PROD with SENATE
GIONAL TECHNOLOGY HUBS AS PART OF RE- ble consortia as regional technology hubs allow entrepreneurial ideas from institutions
GIONAL INNOVATION PROGRAM OF DEPARTMENT under paragraph (1)(A)(i). of higher education to illustrate their com-
OF COMMERCE.— ‘‘(C) GEOGRAPHIC DISTRIBUTION.—In con- mercialization potential;
(1) IN GENERAL.—Such section is amended— ducting the competitive process under sub- ‘‘(dd) facilitating mentorships between
(A) by redesignating subsections (d) paragraph (A), the Secretary shall ensure ge- local and national business leaders and po-
through (h) as subsections (e) through (i), re- ographic distribution in the designation of tential entrepreneurs to encourage success-
spectively; and regional technology hubs— ful commercialization;
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S2602 CONGRESSIONAL RECORD — SENATE May 21, 2020
‘‘(ee) creating and funding for-profit or in the public, private, and philanthropic sec- based on the metrics developed under clause
not-for-profit entities that could enable re- tors in support of the proposed regional tech- (i); and
searchers at institutions of higher education nology hub, including the development of ‘‘(iii) 2 years after the initial award under
and other research entities to further de- necessary infrastructure improvements and paragraph (3) and each year thereafter until
velop new technology prior to seeking com- site preparation. Federal financial assistance under this sub-
mercial financing, through patient funding, ‘‘(I) How the eligible consortium plans to section for the regional technology hub is
advice, staff support, or other means; and address economic inclusion, including ensur- discontinued, conduct an assessment of the
‘‘(ff) providing facilities for start-up com- ing that skill development, entrepreneurial regional technology hub to confirm whether
panies where technology maturation could assistance, and other activities focus on eco- the performance of the regional technology
occur; and nomically disadvantaged populations. hub is meeting the standards for perform-
‘‘(VI) to carry out such other activities as ‘‘(6) COORDINATION WITH NATIONAL INSTI- ance established under clause (ii).
the Secretary considers appropriate to im- TUTE OF STANDARDS AND TECHNOLOGY PRO- ‘‘(B) ANNUAL REPORT.—Not less frequently
prove United States competitiveness and re- GRAMS.— than once each year, the Secretary shall sub-
gional economic development to support a ‘‘(A) DEFINITIONS.—In this paragraph: mit to the Committee on Commerce,
key technology focus area and that would ‘‘(i) MANUFACTURING EXTENSION CENTER.— Science, and Transportation of the Senate,
further the purposes of the Endless Frontiers The term ‘manufacturing extension center’ the Committee on Appropriations of the Sen-
Act. has the meaning given the term ‘Center’ in ate, the Committee on Science, Space, and
‘‘(4) APPLICATIONS.— section 25(a) of the National Institute of Technology of the House of Representatives,
‘‘(A) IN GENERAL.—An eligible consortium and the Committee on Appropriations of the
Standards and Technology Act (15 U.S.C.
seeking designation as a regional technology House of Representatives an annual report
278k(a).
hub under clause (i) of paragraph (1)(A) and on the results of the assessments conducted
‘‘(ii) MANUFACTURING USA INSTITUTE.—The
support under clause (ii) of such paragraph by the Secretary under subparagraph (A)(iii)
term ‘Manufacturing USA institute’ means a
shall submit to the Secretary an application during the period covered by the report.’’.
Manufacturing USA institute described in
therefor at such time, in such manner, and (2) INITIAL DESIGNATIONS AND AWARDS.—
section 34(d) of the National Institute of
containing such information as the Sec- (A) COMPETITION REQUIRED.—Not later than
retary may specify. Standards and Technology Act (15 U.S.C.
278s(d)). 180 days after the date of the enactment of
‘‘(B) CONSULTATION WITH NATIONAL SCIENCE this Act, the Secretary of Commerce shall
FOUNDATION UNIVERSITY TECHNOLOGY CEN-
‘‘(B) COORDINATION REQUIRED.—The Sec-
retary shall coordinate the activities of re- commence a competition under paragraph
TERS.—In preparing an application for sub- (2)(A) of section 27(d) of the Stevenson-
mittal under subparagraph (A), an applicant gional technology hubs designated under this
subsection, the Hollings Manufacturing Ex- Wydler Technology Innovation Act of 1980,
shall, to the extent practicable, consult with as added by paragraph (1).
one or more university technology centers tension Partnership, and the Manufacturing
USA Program with each other to the degree (B) DESIGNATION AND AWARD.—Not later
established under section 8A(c)(6) of the Act than 1 year after the date of the enactment
of May 10, 1950 (64 Stat. 149, chapter 171; 42 that doing so does not diminish the effective-
ness of the ongoing activities of a manufac- of this Act, if the Secretary has received at
U.S.C. 1861 et seq.) that are either geographi- least 1 application under paragraph (4) of
cally relevant or are conducting research on turing extension center or a Manufacturing
USA institute. such section from an eligible consortium
relevant key technology focus areas.
‘‘(C) CONDITION OF SUPPORT.—In order to whom the Secretary considers suitable for
‘‘(5) CONSIDERATIONS FOR DESIGNATION AND
coordinate activities under subparagraph designation under paragraph (1)(A)(i) of such
GRANT AWARDS.—In selecting an eligible con-
(B), the Secretary may condition the award section, the Secretary shall—
sortium that submitted an application under
of a grant or support under this subsection (i) designate at least 1 regional technology
paragraph (4)(A) for designation and support
or section 25 or 34 of the National Institute hub under paragraph (1)(A)(i) of such section;
under paragraph (1)(A), the Secretary shall
of Standards and Technology Act (15 U.S.C. and
consider, at a minimum, the following:
278k and 278s) upon submittal to the coordi- (ii) award a grant under paragraph (3)(A) of
‘‘(A) The potential of the eligible consor-
nation efforts of the Secretary under sub- such section to each regional technology hub
tium to advance the development of new
technologies in a key technology focus area. paragraph (B) of this paragraph. designated under clause (i) of this subpara-
‘‘(B) The likelihood of positive regional ‘‘(D) ELEMENTS.—Coordination by the Sec- graph.
economic effect, including increasing the retary under subparagraph (B) may include (c) AUTHORIZATION OF APPROPRIATIONS.—
number of high wage jobs, and creating new the following: Subsection (i) of such section, as redesig-
economic opportunities for economically dis- ‘‘(i) The alignment of activities of the Hol- nated by subsection (c)(1)(A) of this section,
advantaged populations. lings Manufacturing Extension Partnership is amended—
‘‘(C) How the eligible consortium plans to with the activities of regional technology (1) by striking ‘‘From amounts’’ and in-
integrate with and leverage the resources of hubs designated under this subsection, if ap- serting the following:
one or more university technology centers plicable. ‘‘(1) IN GENERAL.—From amounts’’;
established under section 8A(c)(6) of the Act ‘‘(ii) The alignment of activities of the (2) in paragraph (1), as redesignated by
of May 10, 1950 (64 Stat. 149, chapter 171; 42 Manufacturing USA Program and the Manu- paragraph (1) of this subsection, by striking
U.S.C. 1861 et seq.) in a related key tech- facturing USA institutes with the activities ‘‘this section’’ and inserting ‘‘the provisions
nology focus area. of regional technology hubs designated under of this section other than subsection (d)’’;
‘‘(D) How the eligible consortium will en- this subsection, if applicable. and
gage with the private sector, including ‘‘(7) INTERAGENCY COLLABORATION.—In as- (3) by adding at the end the following:
small- and medium-sized enterprises to com- sisting regional technology hubs designated ‘‘(2) REGIONAL TECHNOLOGY HUBS.—There is
mercialize new technologies and develop new under paragraph (1)(A)(i), the Secretary— authorized to be appropriated to the Sec-
supply chains in the United States in a key ‘‘(A) shall collaborate with Federal depart- retary to carry out subsection (d)
technology focus area. ments and agencies whose missions con- $10,000,000,000 for the period of fiscal year
‘‘(E) How the eligible consortium will tribute to the goals of the regional tech- 2021 through 2025.’’.
carry out workforce development and skills nology hub;
acquisition programming, including through ‘‘(B) may accept funds from other Federal SEC. 5. STRATEGY AND REPORT ON ECONOMIC
the use of apprenticeships, mentorships, and agencies to support grants and activities SECURITY, SCIENCE, RESEARCH,
AND INNOVATION TO SUPPORT THE
other related activities authorized by the under this subsection; and
NATIONAL SECURITY STRATEGY.
Secretary, to support the development of a ‘‘(C) may establish interagency agreements
key technology focus area. with other Federal departments or agencies (a) DEFINITIONS.—In this section:
‘‘(F) How the eligible consortium will im- to provide preferential consideration for fi- (1) APPROPRIATE COMMITTEES OF CON-
prove science, technology, engineering, and nancial or technical assistance to a regional GRESS.—The term ‘‘appropriate committees
mathematics education programs in the technology hub designated under this sub- of Congress’’ means—
identified region in elementary and sec- section if all applicable requirements for the (A) the Committee on Appropriations, the
ondary school and higher education institu- financial or technical assistance are met. Committee on Armed Services, the Com-
tions located in the identified region to sup- ‘‘(8) PERFORMANCE MEASUREMENT, TRANS- mittee on Banking, Housing, and Urban Af-
port the development of a key technology PARENCY, AND ACCOUNTABILITY.— fairs, the Committee on Commerce, Science,
focus area. ‘‘(A) METRICS, STANDARDS, AND ASSESS- and Transportation, the Committee on En-
‘‘(G) How the eligible consortium plans to MENT.—For each grant awarded under para- ergy and Natural Resources, the Committee
develop partnerships with venture develop- graph (3) for a regional technology hub, the on Finance, the Committee on Foreign Rela-
dlhill on DSK120RN23PROD with SENATE
ment organizations and sources of private in- Secretary shall— tions, and the Select Committee on Intel-
vestment in support of private sector activ- ‘‘(i) develop metrics to assess the effective- ligence of the Senate; and
ity, including launching new or expanding ness of the activities funded in making (B) the Committee on Appropriations, the
existing companies, in a key technology progress toward the purposes set forth under Committee on Armed Services, the Com-
focus area. paragraph (1)(A); mittee on Energy and Commerce, the Com-
‘‘(H) How the eligible consortium plans to ‘‘(ii) establish standards for the perform- mittee on Financial Services, the Committee
organize the activities of regional partners ance of the regional technology hub that are on Foreign Affairs, the Committee on Ways
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2603
and Means, and the Permanent Select Com- nology transfer, including an assessment of Foundation’’ each place the term appears
mittee on Intelligence of the House of Rep- the adequacy of Federal research and devel- and inserting ‘‘National Science and Tech-
resentatives. opment funding in promoting competitive- nology Foundation’’.
(2) KEY TECHNOLOGY FOCUS AREA.—The ness and the development of new tech- (c) NATIONAL SCIENCE FOUNDATION AUTHOR-
term ‘‘key technology focus area’’ means an nologies. IZATION ACT OF 2002.—The National Science
area included on the most recent list under (F) An assessment of manufacturing capac- Foundation Authorization Act of 2002 (42
section 8A(c)(2) of the Act of May 10, 1950 (64 ity, logistics, and supply chain dynamics of U.S.C. 1862n et seq.) is amended—
Stat. 149, chapter 171; 42 U.S.C. 1861 et seq.). major export sectors, including access to a (1) in section 2 (42 U.S.C. 1862n note), by
(3) NATIONAL SECURITY STRATEGY.—The skilled workforce, physical infrastructure, striking ‘‘National Science Foundation’’
term ‘‘national security strategy’’ means the and broadband network infrastructure. each place the term appears and inserting
national security strategy required by sec- (2) STRATEGY.—Each strategy submitted ‘‘National Science and Technology Founda-
tion 108 of the National Security Act of 1947 under subsection (b)(1)(C)(ii) shall include tion’’;
(50 U.S.C. 3043). the following: (2) in each of paragraphs (4) and (7) of sec-
(b) STRATEGY AND REPORT.— (A) A plan to utilize available tools to ad- tion 4 (42 U.S.C. 1862n note), by striking ‘‘Na-
(1) IN GENERAL.—In 2021 and in each year dress or minimize the leading threats and tional Science Foundation established’’ and
thereafter before the applicable date set challenges and to take advantage of the lead- inserting ‘‘National Science and Technology
forth under paragraph (2), the Director of the ing opportunities, including the following: Foundation established’’; and
Office of Science and Technology Policy, in (i) Specific objectives, tasks, metrics, and (3) in section 10A (42 U.S.C. 1862n–1a)—
coordination with the Director of the Na- milestones for each relevant Federal agency. (A) in the section heading, by inserting
tional Economic Council, the Director of the (ii) Specific plans to support public and ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’;
National Science Foundation, the Secretary private sector investment in research, tech- (B) in the subsection heading of subsection
of Commerce, the National Security Council, nology development, and domestic manufac- (e), by inserting ‘‘AND TECHNOLOGY’’ after
and the heads of other relevant Federal turing in key technology focus areas sup- ‘‘NATIONAL SCIENCE’’; and
agencies, shall— portive of the national economic competi- (C) by striking ‘‘National Science Founda-
(A) review such strategy, programs, and re- tiveness of the United States and to foster tion’’ each place the term appears and in-
sources as the Director of the Office of the prudent use of public-private partner- serting ‘‘National Science and Technology
Science and Technology Policy determines ships. Foundation’’.
pertain to United States national competi- (iii) Specific plans to promote environ- (d) AMERICA COMPETES ACT.—The Amer-
tiveness in science, research, and innovation ica COMPETES Act (Public Law 110–69; 121
mental stewardship and fair competition for
to support the national security strategy; Stat. 572) is amended—
United States workers.
(B) develop a strategy for the Federal Gov- (1) in each of sections 1006(c)(1)(K) (15
(iv) A description of—
ernment to improve the national competi- U.S.C. 3718(c)(1)(K)), 4001 (33 U.S.C. 893), and
(I) how the strategy submitted under sub-
tiveness of the United States in science, re- 5003(b)(1), by striking ‘‘National Science
section (b)(3)(B) supports the national secu-
search, and innovation to support the na- Foundation’’ and inserting ‘‘National
rity strategy; and
tional security strategy; and Science and Technology Foundation’’;
(II) how the strategy submitted under such
(C) submit to the appropriate committees (2) in section 7001(5) (42 U.S.C. 1862o note),
subsection is integrated and coordinated
of Congress— by striking ‘‘National Science Foundation’’
with the most recent national defense strat-
(i) a report on the findings of the Director and inserting ‘‘National Science and Tech-
with respect to the review conducted under egy under section 113(g) of title 10, United
States Code. nology Foundation’’; and
paragraph (1); and (3) in the title heading for title VII, by in-
(ii) the strategy developed or revised under (v) A plan to encourage the governments of
countries that are allies or partners of the serting ‘‘AND TECHNOLOGY’’ after ‘‘NA-
paragraph (2). TIONAL SCIENCE’’.
(2) APPLICABLE DATES.—In each year, the United States to cooperate with the execu-
(e) NATIONAL SCIENCE AND TECHNOLOGY
applicable date set forth under this para- tion of the strategy submitted under sub-
POLICY, ORGANIZATION, AND PRIORITIES ACT
graph is as follows: section (b)(3)(B), where appropriate.
OF 1976.—The National Science and Tech-
(A) In 2021, December 31, 2021. (vi) A plan to encourage certain inter-
nology Policy, Organization, and Priorities
(B) In 2022 and every year thereafter— national and multilateral organizations to
Act of 1976 (42 U.S.C. 6601 et seq.) is amend-
(i) in any year in which a new President is support the implementation of such strat- ed—
inaugurated, October 1 of that year; and egy. (1) in section 205(b)(2) (42 U.S.C. 6614(b)(2)),
(ii) in any other year, the date that is 90 (vii) A plan for how the United States by striking ‘‘National Science Foundation’’
days after the date of the transmission to should develop local and regional capacity and inserting ‘‘National Science and Tech-
Congress in that year of the national secu- for building innovation ecosystems across nology Foundation’’; and
rity strategy. the nation by providing Federal support. (2) in section 206 (42 U.S.C. 6615), by strik-
(c) ELEMENTS.— (viii) A plan for strengthening the indus- ing ‘‘National Science Foundation’’ each
(1) REPORT.—Each report submitted under trial base of the United States. place the term appears and inserting ‘‘Na-
subsection (b)(1)(C)(i) shall include the fol- (B) An identification of additional re- tional Science and Technology Foundation’’.
lowing: sources, administrative action, or legislative (f) AMERICA COMPETES REAUTHORIZATION
(A) An assessment of public and private in- action recommended to assist with the im- ACT OF 2010.—The America COMPETES Re-
vestment in civilian and military science plementation of such strategy. authorization Act of 2010 (Public Law 111–358;
and technology and its implications for the (d) FORM OF REPORTS AND STRATEGIES.— 124 Stat. 3982) is amended—
geostrategic position and national security Each report and strategy submitted under (1) in the subtitle heading of subtitle A of
of the United States. subsection (b) shall be submitted in unclassi- title V, by inserting ‘‘and Technology’’ after
(B) A description of the prioritized eco- fied form, but may include a classified ‘‘National Science’’;
nomic security interests and objectives of annex. (2) in section 502 (42 U.S.C. 1862p note)—
the United States relating to science, re- SEC. 6. CONFORMING AMENDMENTS. (A) in paragraph (1), by striking ‘‘National
search, and innovation and an assessment of (a) SCIENTIFIC AND ADVANCED-TECHNOLOGY Science Foundation’’ and inserting ‘‘Na-
how investment in civilian and military ACT OF 1992.—The Scientific and Advanced- tional Science and Technology Foundation’’;
science and technology can advance those Technology Act of 1992 (42 U.S.C. 1862h et and
objectives. seq.) is amended— (B) in paragraph (3), by striking ‘‘National
(C) An assessment of how regional efforts (1) in section 2(a)(5) (42 U.S.C. 1862h(a)(5)), Science Foundation established’’ and insert-
are contributing and could contribute to the by striking ‘‘National Science Foundation’’ ing ‘‘National Science and Technology Foun-
innovation capacity of the United States, in- and inserting ‘‘National Science and Tech- dation established’’;
cluding— nology Foundation’’; and (3) in the section heading of section 506 (42
(i) programs run by State and local govern- (2) in section 3 (42 U.S.C. 1862i), by striking U.S.C. 1862p–1), by inserting ‘‘AND TECH-
ments; and ‘‘National Science Foundation’’ each place NOLOGY’’ after ‘‘NATIONAL SCIENCE’’;
(ii) regional factors that are contributing the term appears and inserting ‘‘National (4) in section 517 (42 U.S.C. 1862p–9)—
or could contribute positively to innovation. Science and Technology Foundation’’. (A) in paragraph (2) of subsection (a), by
(D) An assessment of barriers to competi- (b) NATIONAL SCIENCE FOUNDATION AUTHOR- striking ‘‘National Science Foundation’’
tiveness in key technology focus areas and IZATION ACT OF 1998.—The National Science each place the term appears and inserting
barriers to the development and evolution of Foundation Authorization Act of 1998 (42 ‘‘National Science and Technology Founda-
start-ups, small and mid-sized business enti- U.S.C. 1862k et seq.) is amended— tion’’; and
dlhill on DSK120RN23PROD with SENATE
ties, and industries in key technology focus (1) in each of paragraphs (1) and (2) of sec- (B) in each of subsections (a)(4), (b), and
areas. tion 2 (112 Stat. 869), by striking ‘‘National (c)(2), by striking ‘‘National Science Founda-
(E) An assessment of the effectiveness of Science Foundation established’’ and insert- tion’’ and inserting ‘‘National Science and
the Federal Government, federally funded re- ing ‘‘National Science and Technology Foun- Technology Foundation’’;
search and development centers, and na- dation established’’; and (5) in section 518 (124 Stat. 4015), by strik-
tional labs in supporting and promoting (2) in section 101(a)(6) (42 U.S.C. ing ‘‘Foundation.’’ and inserting ‘‘and Tech-
technology commercialization and tech- 1862k(a)(6)), by striking ‘‘National Science nology Foundation.’’;
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S2604 CONGRESSIONAL RECORD — SENATE May 21, 2020
(6) in section 519 (124 Stat. 4015)— U.S.C. 1882) is amended by striking ‘‘Na- (1) in each of sections 4(5), 5(a)(2)(A), 20,
(A) in the section heading, by inserting tional Science Foundation’’ each place the and 21(d) (15 U.S.C. 3703(5), 3704(a)(2)(A), 3712,
‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’; term appears and inserting ‘‘National and 3713(d)), by inserting ‘‘and Technology’’
and Science and Technology Foundation’’. after ‘‘National Science’’;
(B) by striking ‘‘National Science Founda- (o) NATIONAL AERONAUTICS AND SPACE AD- (2) in section 9 (15 U.S.C. 3707)—
tion’’ each place the term appears and in- MINISTRATION AUTHORIZATION ACT OF 2005.— (A) in the section heading, by inserting
serting ‘‘National Science and Technology Section 721 of the National Aeronautics and ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’;
Foundation’’; Space Administration Authorization Act of (B) in each of subsections (a) and (b), by
(7) in section 520 (42 U.S.C. 1862p–10)— 2005 (42 U.S.C. 1886a) is amended by striking striking ‘‘National Science Foundation’’ and
(A) by striking ‘‘National Science Founda- ‘‘The National Science Foundation’’ and in- inserting ‘‘National Science and Technology
tion’’ each place the term appears and in- serting ‘‘The National Science and Tech- Foundation’’; and
serting ‘‘National Science and Technology nology Foundation’’. (C) in subsection (c)—
(p) NATIONAL SCIENCE FOUNDATION AUTHOR- (i) by striking ‘‘National Science Founda-
Foundation’’; and
IZATION ACT FOR FISCAL YEAR 1986.—Section tion in’’ and inserting ‘‘National Science and
(B) in the subsection heading of subsection
108 of the National Science Foundation Au- Technology Foundation in’’; and
(b), by striking ‘‘NSF’’ and inserting
thorization Act for Fiscal Year 1986 (42 (ii) by striking ‘‘National Science Founda-
‘‘NSTF’’;
U.S.C. 1886) is amended by inserting ‘‘and tion under’’ and inserting ‘‘National Science
(8) in section 522 (42 U.S.C. 1862p–11)—
Technology’’ after ‘‘National Science’’. and Technology Foundation under’’; and
(A) in the section heading, by striking (q) NATIONAL QUANTUM INITIATIVE ACT.—
‘‘ NSF ’’ and inserting ‘‘NSTF’’; and (3) in section 10 (15 U.S.C. 3708), by striking
The National Quantum Initiative Act (Public
(B) by striking ‘‘National Science Founda- ‘‘National Science Foundation’’ each place
Law 115–368) is amended—
tion’’ and inserting ‘‘National Science and the term appears and inserting ‘‘National
(1) in the table of contents in section 2, by
Technology Foundation’’; Science and Technology Foundation’’.
striking the item relating to title III and in- (v) CYBER SECURITY RESEARCH AND DEVEL-
(9) in section 524 (42 U.S.C. 1862p–12), by serting the following:
striking ‘‘National Science Foundation’’ OPMENT ACT.—The Cyber Security Research
‘‘TITLE III—NATIONAL SCIENCE AND and Development Act (15 U.S.C. 7401 et seq.)
each place the term appears and inserting
TECHNOLOGY FOUNDATION QUANTUM is amended—
‘‘National Science and Technology Founda-
ACTIVITIES’’; (1) in section 3(1) (15 U.S.C. 7402(1)), by in-
tion’’; and
(10) in section 555(5) (20 U.S.C. 9905(5)), by (2) in section 102(a)(2)(A) (15 U.S.C. serting ‘‘and Technology’’ after ‘‘National
inserting ‘‘and Technology’’ after ‘‘National 8812(a)(2)(A)), by inserting ‘‘and Technology’’ Science’’;
Science’’. after ‘‘National Science’’; (2) in section 5 (15 U.S.C. 7404)—
(g) STEM EDUCATION ACT OF 2015.—Each of (3) in section 103 (15 U.S.C. 8813), by strik- (A) in the section heading, by inserting
sections 2 and 3 of the STEM Education Act ing ‘‘National Science Foundation’’ each ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’;
of 2015 (42 U.S.C. 6621 note; 1862q) are amend- place the term appears and inserting ‘‘Na- (B) in subsection (c)(4), by inserting ‘‘and
ed by striking ‘‘National Science Founda- tional Science and Technology Foundation’’; Technology’’ after ‘‘National Science’’; and
tion’’ and inserting ‘‘National Science and (4) in the title heading for title III, by in- (C) in subsection (d), by striking ‘‘National
Technology Foundation’’. serting ‘‘AND TECHNOLOGY’’ after ‘‘NA- Science Foundation’s’’ and inserting ‘‘Na-
(h) RESEARCH EXCELLENCE AND ADVANCE- TIONAL SCIENCE’’; and tional Science and Technology Founda-
MENTS FOR DYSLEXIA ACT.—The Research Ex- (5) in each of sections 301 and 302 (15 U.S.C. tion’s’’; and
cellence and Advancements for Dyslexia Act 8841, 8842), by striking ‘‘National Science (3) in section 13 (15 U.S.C. 7409), by striking
(Public Law 114–124; 130 Stat. 120) is amended Foundation’’ each place the term appears ‘‘National Science Foundation’’ each place
by striking ‘‘National Science’’ each place and inserting ‘‘National Science and Tech- the term appears and inserting ‘‘National
the term appears and inserting ‘‘National nology Foundation’’. Science and Technology Foundation’’.
Science and Technology’’. (r) CYBERSECURITY ENHANCEMENT ACT OF (w) NATIONAL SUPERCONDUCTIVITY AND COM-
(i) AMERICAN INNOVATION AND COMPETITIVE- 2014.—The Cybersecurity Enhancement Act PETITIVENESS ACT OF 1988.—Section 6 of the
NESS ACT.—The American Innovation and of 2014 (15 U.S.C. 7421 et seq.) is amended— National Superconductivity and Competi-
Competitiveness Act (42 U.S.C. 1862s et seq.) (1) in section 201 (15 U.S.C. 7431), by strik- tiveness Act of 1988 (15 U.S.C. 5205) is amend-
is amended— ing ‘‘National Science Foundation’’ each ed by inserting ‘‘and Technology’’ after ‘‘Na-
(1) in section 2 (42 U.S.C. 1862 note), by in- place the term appears and inserting ‘‘Na- tional Science’’.
serting ‘‘and Technology’’ after ‘‘National tional Science and Technology Foundation’’; (x) WEATHER RESEARCH AND FORECASTING
Science’’; and and INNOVATION ACT OF 2017.—Each of sections
(2) in section 601(a)(1) (42 U.S.C. 1862s– (2) in each of sections 301 and 302 (15 U.S.C. 105 and 402(a)(1) of the Weather Research and
8(a)(1)), by striking ‘‘National Science’’ each 7441, 7442), by striking ‘‘National Science Forecasting Innovation Act of 2017 (15 U.S.C.
Foundation’’ each place the term appears 8515, 8542(a)(1)) are amended by inserting
place the term appears and inserting ‘‘Na-
and inserting ‘‘National Science and Tech- ‘‘and Technology’’ after ‘‘National Science’’.
tional Science and Technology’’.
(j) NATIONAL SCIENCE FOUNDATION AUTHOR- nology Foundation’’.
IZATION ACT, 1976.—The National Science (s) HIGH-PERFORMANCE COMPUTING ACT OF By Mr. THUNE:
Foundation Authorization Act, 1976 (Public 1991.—The High-Performance Computing Act S.J. Res. 74. A joint resolution re-
Law 94–86) is amended— of 1991 (15 U.S.C. 5501 et seq.) is amended— questing the Secretary of the Interior
(1) in section 2(b) (42 U.S.C. 1869a), by (1) in section 101(a)(3)(C)(xi) 15 U.S.C. to authorize a unique and 1-time ar-
striking ‘‘National Science Foundation’’ 5511(a)(3)(C)(xi)), by inserting ‘‘and Tech- rangement for certain displays on
each place the term appears and inserting nology’’ after ‘‘National Science’’; and Mount Rushmore National Memorial
‘‘National Science and Technology Founda- (2) in section 201 (15 U.S.C. 5521)— relating to the centennial of the ratifi-
tion’’; and (A) in the section heading, by inserting cation of the 19th Amendment to the
(2) in section 6(a) (42 U.S.C. 1881a(a)), by ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’; Constitution of the United States dur-
striking ‘‘National Science Foundation’’ and and
ing the period beginning August 18,
inserting ‘‘National Science and Technology (B) by striking ‘‘National Science Founda-
tion’’ each place the term appears and in- 2020, and ending on September 30, 2020;
Foundation’’.
(k) NATIONAL SCIENCE FOUNDATION AUTHOR- serting ‘‘National Science and Technology to the Committee on Energy and Nat-
IZATION ACT, 1977.—Section 8 of the National Foundation’’. ural Resources.
Science Foundation Authorization Act, 1977 (t) ARCTIC RESEARCH AND POLICY ACT OF Mr. THUNE. Mr. President, I ask
(42 U.S.C. 1883) is amended by striking ‘‘Na- 1984.—The Arctic Research and Policy Act of unanimous consent that the text of the
tional Science Foundation’’ each place the 1984 (15 U.S.C. 4101 et seq.) is amended— joint resolution be printed in the
term appears and inserting ‘‘National (1) in each of sections 102(b)(3) and 103(b)(1) RECORD.
Science and Technology Foundation’’. (15 U.S.C. 4101(b)(3), 4102(b)(1)), by inserting There being no objection, the text of
(l) NATIONAL SCIENCE FOUNDATION AUTHOR- ‘‘and Technology’’ after ‘‘National Science’’; the joint resolution was ordered to be
IZATION ACT, FISCAL YEAR 1978.—Section 8 of and
printed in the RECORD, as follows:
the National Science Foundation Authoriza- (2) in section 107 (15 U.S.C. 4106)—
tion Act, Fiscal Year 1978 (42 U.S.C. 1869b) is (A) in the subsection heading of subsection S.J. RES. 74
amended by inserting ‘‘and Technology’’ (a), by inserting ‘‘AND TECHNOLOGY’’ after Whereas, on May 21, 1919, the House of Rep-
after ‘‘National Science’’. ‘‘NATIONAL SCIENCE’’; and resentatives adopted House Joint Resolution
(m) ACT OF AUGUST 25, 1959.—The first sec- (B) by striking ‘‘National Science Founda- 1, 66th Congress, proposing an amendment to
dlhill on DSK120RN23PROD with SENATE
tion of the Act of August 25, 1959 (42 U.S.C. tion’’ each place the term appears and in- the Constitution extending the right of suf-
1880) is amended by inserting ‘‘and Tech- serting ‘‘National Science and Technology frage to women;
nology’’ after ‘‘National Science’’. Foundation’’. Whereas, on June 4, 1919, the Senate adopt-
(n) NATIONAL SCIENCE FOUNDATION AUTHOR- (u) STEVENSON-WYDLER TECHNOLOGY INNO- ed House Joint Resolution 1, 66th Congress,
IZATION ACT FOR FISCAL YEAR 1980.—Section VATION ACT OF 1980.—The Stevenson-Wydler sending to the States for ratification the
9 of the National Science Foundation Au- Technology Innovation Act of 1980 (15 U.S.C. 19th Amendment to the Constitution of the
thorization Act for Fiscal Year 1980 (42 3701 et seq.) is amended— United States;
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May 21, 2020 CONGRESSIONAL RECORD — SENATE S2605
Whereas, on August 18, 1920, the 36th State costs of child care, and a lack of access to SENATE RESOLUTION 595—RECOG-
approved the 19th Amendment to the Con- child care, including a lack of access in child NIZING WIDENING THREATS TO
stitution of the United States, satisfying the care deserts; FREEDOMS OF THE PRESS AND
constitutional threshold of passage in 3/4 of Whereas in the months before the pan- EXPRESSION AROUND THE
the States; demic, the Child Care and Development
Whereas, on August 26, 1920, Secretary of WORLD, REAFFIRMING THE CEN-
Block Grant program provided access to af-
State Bainbridge Colby certified the 19th TRALITY OF A FREE AND INDE-
fordable child care each month to nearly
Amendment to the Constitution of the 850,000 families, and over 1,400,000 children;
PENDENT PRESS TO THE
United States; Whereas child care providers have lost sig- HEALTH OF FREE SOCIETIES
Whereas section 431(a)(3) of the Depart- AND DEMOCRACIES, AND RE-
nificant income from families who cannot
ment of the Interior, Environment, and Re- AFFIRMING FREEDOM OF THE
pay and from reduced State reimbursements;
lated Agencies Appropriations Act, 2017 PRESS AS A PRIORITY OF THE
Whereas in March 2020, in a nationwide
(Public Law 115–31; 131 Stat. 502), enacted
survey of child care providers, 30 percent of UNITED STATES IN PROMOTING
into law S. 847, 115th Congress (as introduced
on April 5, 2017), which established the Wom- the child care providers said they would not DEMOCRACY, HUMAN RIGHTS,
en’s Suffrage Centennial Commission ‘‘to en- withstand a closure of more than 2 weeks AND GOOD GOVERNANCE IN COM-
sure a suitable observance of the centennial without significant public investment and MEMORATION OF WORLD PRESS
of the passage and ratification of the 19th support, an additional 17 percent of the child FREEDOM DAY ON MAY 3, 2020
Amendment to the Constitution of the care providers said they would not withstand
United States providing for women’s suf- a closure of any amount of time without Mr. MENENDEZ (for himself, Mr.
frage’’; that investment and support, and only 11 RUBIO, Mr. CARDIN, Mr. TILLIS, Mr.
Whereas August 18, 2020, marks the centen- percent of the child care providers were con- KAINE, Mr. BOOZMAN, Mr. COONS, Mr.
nial of the ratification of the 19th Amend- fident they could withstand a closure of an CORNYN, Mr. MARKEY, Mrs. BLACKBURN,
ment to the Constitution of the United indeterminate length without that invest- Mr. MERKLEY, Ms. COLLINS, and Mr.
States by 3/4 of the States; ment and support; CASEY) submitted the following resolu-
Whereas August 26, 2020, marks the centen- Whereas child care providers that remain tion; which was referred to the Com-
nial of the 19th Amendment becoming a part open are supporting our Nation’s front line mittee on Foreign Relations:
of the Constitution of the United States; and of defense by providing child care for essen-
Whereas the centennial anniversary of the S. RES. 595
tial workers who are first responders, health
ratification of the 19th Amendment to the care, public transit, and grocery store work- Whereas Article 19 of the Universal Dec-
Constitution of the United States providing laration of Human Rights, adopted in Paris
ers, and workers in essential industries, and
for women’s suffrage should be honored and December 10, 1948, states, ‘‘Everyone has the
who have an estimated 6,000,000 children
celebrated: Now, therefore, be it right to freedom of opinion and expression;
Resolved by the Senate and House of Rep- under the age of 13 in need of emergency
this right includes freedom to hold opinions
resentatives of the United States of America in care; without interference and to seek, receive and
Congress assembled, That Congress— Whereas those providers are facing chal- impart information and ideas through any
(1) requests the Secretary of the Interior to lenges of increased costs for cleaning their media and regardless of frontiers.’’;
authorize a unique and 1-time arrangement facilities and providing a safe environment Whereas, in 1993, the United Nations Gen-
to commemorate the centennial of the pas- for children; eral Assembly proclaimed May 3rd of each
sage of the 19th Amendment to the Constitu- Whereas the CARES Act provided year as ‘‘World Press Freedom Day’’—
tion of the United States entitled ‘‘LOOK UP $3,500,000,000 for the Child Care and Develop- (1) to celebrate the fundamental principles
TO HER at Mount Rushmore’’ with a display ment Block Grant program and much-needed of freedom of the press;
of historical artifacts, digital content, film relief for families and businesses; (2) to evaluate freedom of the press around
footage, and associated historical audio and Whereas an estimated additional the world;
imagery in and around the vicinity of the $25,000,000,000 is still needed for the Child (3) to defend the media against attacks on
Mount Rushmore National Memorial, includ- Care and Development Block Grant program its independence; and
ing projected onto the surface of the Mount to provide minimum sufficient funds to (4) to pay tribute to journalists who have
Rushmore National Memorial to the left and States, ensuring that many child care pro- lost their lives while working in their profes-
right of the sculpture for 14 nights of public viders remain open and many others are able sion;
display during the period beginning on Au- to reopen their facilities; and Whereas, on December 18, 2013, the United
gust 18, 2020, and ending on September 30, Nations General Assembly adopted Resolu-
Whereas the United States is beginning to
2020; and tion 68/163, regarding the safety of journal-
recover and accessible child care is crucial
(2) respectfully requests that the Secretary ists and the issue of impunity for crimes
for working parents to return to work: Now,
of the Senate transmit an enrolled copy of against journalists, which unequivocally
this resolution to— therefore, be it
condemns all attacks on, and violence
(A) the Secretary of the Interior; and Resolved, That the Senate calls for— against, journalists and media workers, in-
(B) the Lincoln Borglum Museum at the (1) significant funds, in addition to the cluding torture, extrajudicial killing, en-
Mount Rushmore National Memorial. amount provided under the CARES Act (Pub- forced disappearance, arbitrary detention,
f lic Law 116–136), to be made available and intimidation and harassment in conflict
through payments to States for the Child and nonconflict situations;
SUBMITTED RESOLUTIONS Care and Development Block Grant program; Whereas Thomas Jefferson, who recognized
and the importance of the press in a constitu-
(2) those funds to be used for the purposes tional republic, wisely declared, ‘‘were it left
SENATE RESOLUTION 594—CALL- to me to decide whether we should have a
of making maintenance grants for eligible
ING FOR THE PAYMENTS TO child care providers under the Child Care and government without newspapers, or news-
STATES FOR THE CHILD CARE Development Block Grant Act (42 U.S.C. 9858 papers without a government, I should not
AND DEVELOPMENT BLOCK et seq.)— hesitate a moment to prefer the latter.’’;
GRANT PROGRAM TO BE SUFFI- (A) to support the providers in paying Whereas the First Amendment to the
CIENT TO COVER LOSSES EXPE- costs associated with closures, or decreased United States Constitution and various
RIENCED BY CHILD CARE PRO- State constitutions protect freedom of the
attendance or enrollment, related to
press in the United States;
VIDERS DUE TO THE COVID–19 coronavirus; and
Whereas the Daniel Pearl Freedom of the
PANDEMIC (B) to assure the providers are able to re-
Press Act of 2009 (Public Law 111–166; 22
main open or reopen as appropriate. U.S.C. 2151 note), which was passed by unani-
Mrs. LOEFFLER (for herself and Ms.
ERNST) submitted the following resolu- mous consent in the Senate and signed into
tion; which was referred to the Com- law by President Barack Obama in 2010, ex-
panded the examination of the freedom of
mittee on Health, Education, Labor,
the press around the world in the annual
and Pensions: Country Reports on Human Rights Practices of
S. RES. 594 the Department of State;
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Whereas the COVID–19 pandemic has dis- Whereas a vigilant commitment to free-
rupted the child care market and has re- dom of the press is especially necessary in
sulted in decreased demand for child care, the wake of the COVID–19 pandemic—
closures of child care providers, and unem- (1) as governments around the world are
ployment for parents; using emergency laws to restrict access to
Whereas before the pandemic, many work- information, impose press restrictions, and
ing families faced challenges of increasing suppress free speech; and
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