Text of Amendments to S. 1260 — Congressional Record, Senate
Summary
Congressional Record, Senate, pages S3202 and S3203, May 20, 2021, under the heading Text of Amendments. The page lists amendments submitted to amendment SA 1502 proposed by Schumer to the bill to establish a new Directorate for Technology and Innovation in the National Science Foundation, including SA 1915 by Hickenlooper and SA 1916 by Rubio. The printed text of SA 1704, submitted by Marshall, provides for sanctions with respect to certain officials of the People’s Republic of China, naming Chen Quanguo and others. The text of SA 1705, submitted by Cotton, would bar National Science Foundation awards to a foreign entity of concern.
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“Text of Amendments to S. 1260 — Congressional Record, Senate.”
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S3202 CONGRESSIONAL RECORD — SENATE May 20, 2021
SA 1880. Ms. BALDWIN submitted an SA 1897. Mr. MANCHIN submitted an amendment SA 1502 proposed by Mr. SCHU-
amendment intended to be proposed to amendment intended to be proposed to MER to the bill S. 1260, supra; which was or-
amendment SA 1502 proposed by Mr. SCHU- amendment SA 1502 proposed by Mr. SCHU- dered to lie on the table.
MER to the bill S. 1260, supra; which was or- MER to the bill S. 1260, supra; which was or- SA 1915. Mr. HICKENLOOPER (for himself
dered to lie on the table. dered to lie on the table. and Mr. RISCH) submitted an amendment in-
SA 1881. Mr. PETERS submitted an amend- SA 1898. Mr. MENENDEZ (for himself, Mr. tended to be proposed to amendment SA 1502
ment intended to be proposed to amendment MERKLEY, Mr. RUBIO, and Mr. COONS) sub- proposed by Mr. SCHUMER to the bill S. 1260,
SA 1502 proposed by Mr. SCHUMER to the bill mitted an amendment intended to be pro- supra; which was ordered to lie on the table.
S. 1260, supra; which was ordered to lie on posed to amendment SA 1502 proposed by Mr. SA 1916. Mr. RUBIO submitted an amend-
the table. SCHUMER to the bill S. 1260, supra; which was ment intended to be proposed to amendment
SA 1882. Mr. CRUZ submitted an amend- ordered to lie on the table. SA 1502 proposed by Mr. SCHUMER to the bill
ment intended to be proposed to amendment SA 1899. Mr. CRUZ submitted an amend- S. 1260, supra; which was ordered to lie on
SA 1502 proposed by Mr. SCHUMER to the bill ment intended to be proposed to amendment the table.
S. 1260, supra; which was ordered to lie on SA 1502 proposed by Mr. SCHUMER to the bill SA 1917. Mr. RUBIO (for himself and Mr.
the table. S. 1260, supra; which was ordered to lie on COONS) submitted an amendment intended to
SA 1883. Mr. CRUZ submitted an amend- the table. be proposed to amendment SA 1502 proposed
ment intended to be proposed to amendment SA 1900. Mrs. BLACKBURN submitted an by Mr. SCHUMER to the bill S. 1260, supra;
SA 1502 proposed by Mr. SCHUMER to the bill amendment intended to be proposed to which was ordered to lie on the table.
S. 1260, supra; which was ordered to lie on amendment SA 1708 submitted by Mrs. SA 1918. Mr. SULLIVAN submitted an
the table. BLACKBURN (for herself and Mr. LUJÁN) and amendment intended to be proposed to
SA 1884. Mr. CRUZ (for himself, Mr. JOHN- intended to be proposed to the bill S. 1260, amendment SA 1502 proposed by Mr. SCHU-
SON, Mr. BARRASSO, Mr. COTTON, and Mr. MER to the bill S. 1260, supra; which was or-
supra; which was ordered to lie on the table.
HAGERTY) submitted an amendment intended SA 1901. Mr. SULLIVAN submitted an dered to lie on the table.
to be proposed to amendment SA 1502 pro- amendment intended to be proposed to SA 1919. Mr. SULLIVAN (for himself, Mr.
posed by Mr. SCHUMER to the bill S. 1260, amendment SA 1502 proposed by Mr. SCHU- TILLIS, Mr. COTTON, and Ms. ERNST) sub-
supra; which was ordered to lie on the table. MER to the bill S. 1260, supra; which was or- mitted an amendment intended to be pro-
SA 1885. Mr. HAGERTY (for himself, Mr. posed to amendment SA 1502 proposed by Mr.
dered to lie on the table.
INHOFE, Mr. SHELBY, Mr. SCOTT of Florida, SA 1902. Mr. INHOFE submitted an amend- SCHUMER to the bill S. 1260, supra; which was
Mr. TUBERVILLE, Mr. TILLIS, Mr. CORNYN, and ment intended to be proposed to amendment ordered to lie on the table.
Mrs. BLACKBURN) submitted an amendment
intended to be proposed to amendment SA
SA 1502 proposed by Mr. SCHUMER to the bill f
S. 1260, supra; which was ordered to lie on
1502 proposed by Mr. SCHUMER to the bill S. the table. TEXT OF AMENDMENTS
1260, supra; which was ordered to lie on the SA 1903. Mr. ROMNEY submitted an
table.
SA 1704. Mr. MARSHALL submitted
amendment intended to be proposed to an amendment intended to be proposed
SA 1886. Mr. HAGERTY submitted an
amendment SA 1502 proposed by Mr. SCHU-
amendment intended to be proposed to to amendment SA 1502 proposed by Mr.
MER to the bill S. 1260, supra; which was or-
amendment SA 1502 proposed by Mr. SCHU-
dered to lie on the table. SCHUMER to the bill S. 1260, to establish
MER to the bill S. 1260, supra; which was or- a new Directorate for Technology and
SA 1904. Mr. ROMNEY submitted an
dered to lie on the table. amendment intended to be proposed to Innovation in the National Science
SA 1887. Mr. HAGERTY submitted an
amendment SA 1502 proposed by Mr. SCHU- Foundation, to establish a regional
amendment intended to be proposed to
MER to the bill S. 1260, supra; which was or- technology hub program, to require a
amendment SA 1502 proposed by Mr. SCHU-
dered to lie on the table. strategy and report on economic secu-
MER to the bill S. 1260, supra; which was or-
SA 1905. Ms. CANTWELL submitted an rity, science, research, innovation,
dered to lie on the table.
amendment intended to be proposed to
SA 1888. Mr. HAGERTY submitted an manufacturing, and job creation, to es-
amendment SA 1502 proposed by Mr. SCHU-
amendment intended to be proposed to tablish a critical supply chain resil-
MER to the bill S. 1260, supra; which was or-
amendment SA 1502 proposed by Mr. SCHU- iency program, and for other purposes;
dered to lie on the table.
MER to the bill S. 1260, supra; which was or-
SA 1906. Ms. ROSEN submitted an amend- which was ordered to lie on the table;
dered to lie on the table.
SA 1889. Mr. HAGERTY submitted an ment intended to be proposed to amendment as follows:
amendment intended to be proposed to SA 1502 proposed by Mr. SCHUMER to the bill At the appropriate place, insert the fol-
amendment SA 1502 proposed by Mr. SCHU- S. 1260, supra; which was ordered to lie on lowing:
MER to the bill S. 1260, supra; which was or-
the table. SEC. lll. SANCTIONS WITH RESPECT TO CER-
dered to lie on the table. SA 1907. Mr. CARDIN submitted an amend- TAIN OFFICIALS OF THE PEOPLE’S
SA 1890. Mr. HAGERTY submitted an ment intended to be proposed by him to the REPUBLIC OF CHINA.
amendment intended to be proposed to bill S. 1260, supra; which was ordered to lie (a) IN GENERAL.—The President shall im-
amendment SA 1502 proposed by Mr. SCHU- on the table. pose sanctions under section 1263(b) of the
MER to the bill S. 1260, supra; which was or-
SA 1908. Mr. CARDIN submitted an amend- Global Magnitsky Human Rights Account-
dered to lie on the table. ment intended to be proposed by him to the ability Act (Subtitle F of title XII of Public
SA 1891. Mr. LEE (for himself, Mr. RUBIO, bill S. 1260, supra; which was ordered to lie Law 114–328; 22 U.S.C. 2656 note) with respect
Mr. DAINES , Mr. SCOTT of Florida, and Mr. on the table. to the officials specified in subsection (b).
RISCH) submitted an amendment intended to SA 1909. Mr. BROWN submitted an amend- (b) OFFICIALS SPECIFIED.—The officials of
be proposed to amendment SA 1502 proposed ment intended to be proposed to amendment the People’s Republic of China specified in
by Mr. SCHUMER to the bill S. 1260, supra; SA 1502 proposed by Mr. SCHUMER to the bill this subsection are the following:
which was ordered to lie on the table. S. 1260, supra; which was ordered to lie on (1) Chen Quanguo.
SA 1892. Mr. BLUNT (for himself and Mr. the table. (2) Wu Yingjie.
MORAN) submitted an amendment intended SA 1910. Mr. THUNE submitted an amend- (3) Luo Huining.
to be proposed to amendment SA 1502 pro- ment intended to be proposed by him to the (4) Han Zheng.
posed by Mr. SCHUMER to the bill S. 1260, bill S. 1260, supra; which was ordered to lie (5) Xia Baolong.
supra; which was ordered to lie on the table. on the table. (6) Zhao Kezhi.
SA 1893. Mr. CORNYN submitted an SA 1911. Mr. SULLIVAN (for himself, Mr. (7) Zhu Hailun.
amendment intended to be proposed by him CORNYN, and Mr. SCOTT of South Carolina) ---
to the bill S. 1260, supra; which was ordered submitted an amendment intended to be pro- SA 1705. Mr. COTTON submitted an
to lie on the table. posed to amendment SA 1502 proposed by Mr. amendment intended to be proposed to
SA 1894. Mr. CORNYN submitted an SCHUMER to the bill S. 1260, supra; which was amendment SA 1502 proposed by Mr.
amendment intended to be proposed to ordered to lie on the table.
SA 1912. Mrs. HYDE–SMITH submitted an
SCHUMER to the bill S. 1260, to establish
amendment SA 1502 proposed by Mr. SCHU-
MER to the bill S. 1260, supra; which was or- amendment intended to be proposed to a new Directorate for Technology and
dered to lie on the table. amendment SA 1502 proposed by Mr. SCHU- Innovation in the National Science
SA 1895. Mr. KAINE submitted an amend- MER to the bill S. 1260, supra; which was or- Foundation, to establish a regional
ment intended to be proposed to amendment dered to lie on the table. technology hub program, to require a
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SA 1502 proposed by Mr. SCHUMER to the bill SA 1913. Mr. WYDEN (for himself, Mr. strategy and report on economic secu-
S. 1260, supra; which was ordered to lie on MANCHIN, and Mr. LEE) submitted an amend- rity, science, research, innovation,
the table. ment intended to be proposed to amendment
manufacturing, and job creation, to es-
SA 1896. Mrs. FEINSTEIN (for herself and SA 1502 proposed by Mr. SCHUMER to the bill
Mr. PADILLA) submitted an amendment in- S. 1260, supra; which was ordered to lie on tablish a critical supply chain resil-
tended to be proposed to amendment SA 1502 the table. iency program, and for other purposes;
proposed by Mr. SCHUMER to the bill S. 1260, SA 1914. Mr. BOOKER submitted an which was ordered to lie on the table;
supra; which was ordered to lie on the table. amendment intended to be proposed to as follows:
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3203
At the end of title III of division B, function research’’ means any research SCHUMER to the bill S. 1260, to establish
add the following: project that may be reasonably anticipated a new Directorate for Technology and
SEC. 2309.
PROHIBITION AGAINST NATIONAL to confer attributes to influenza, MERS, or Innovation in the National Science
SCIENCE FOUNDATION FUNDING SARS viruses such that the virus would have
Foundation, to establish a regional
FOR FOREIGN ENTITIES OF CON- enhanced pathogenicity or transmissibility
CERN. in mammals. technology hub program, to require a
(a) INELIGIBILITY FOR NATIONAL SCIENCE strategy and report on economic secu-
FOUNDATION FUNDING.—Notwithstanding any SA 1708. Mrs. BLACKBURN (for her- rity, science, research, innovation,
other provision of law, the Director of the self and Mr. LUJAN) submitted an manufacturing, and job creation, to es-
National Science Foundation may not issue amendment intended to be proposed by tablish a critical supply chain resil-
an award to a foreign entity of concern (as her to the bill S. 1260, to establish a iency program, and for other purposes;
defined in section 2307(a)(1)). new Directorate for Technology and In- which was ordered to lie on the table;
novation in the National Science Foun- as follows:
SA 1706. Mr. PAUL (for himself, Mr.
TUBERVILLE, and Mr. MARSHALL) sub- dation, to establish a regional tech- Beginning on page 41, strike line 20 and all
mitted an amendment intended to be nology hub program, to require a strat- that follows through page 42, line 12, and in-
egy and report on economic security, sert the following:
proposed by him to the bill S. 1260, to (8) INDIVIDUALS THAT WILL GROW THE DOMES-
establish a new Directorate for Tech- science, research, innovation, manufac-
TIC WORKFORCE.—The term ‘‘individuals that
nology and Innovation in the National turing, and job creation, to establish a
will grow the domestic workforce’’ does not
Science Foundation, to establish a re- critical supply chain resiliency pro-
include any alien (as defined in section 101(a)
gional technology hub program, to re- gram, and for other purposes; which of the Immigration and Nationality Act (8
quire a strategy and report on eco- was ordered to lie on the table; as fol- U.S.C. 1101(a))) who is unlawfully present in
nomic security, science, research, inno- lows: the United States.
At the end of title V of division B, (9) INSTITUTION OF HIGHER EDUCATION.—The
vation, manufacturing, and job cre-
add the following: term ‘‘institution of higher education’’ has
ation, to establish a critical supply the meaning given the term in section 101 of
chain resiliency program, and for other SEC. llll. STUDY ON NATIONAL LABORATORY
CONSORTIUM FOR CYBER RESIL- the Higher Education Act of 1965 (20 U.S.C.
purposes; which was ordered to lie on IENCE. 1001).
the table; as follows: (a) STUDY REQUIRED.—The Secretary of (10) KEY TECHNOLOGY FOCUS AREAS.—The
At the appropriate place, insert the Homeland Security shall, in coordination term ‘‘key technology focus areas’’ means
following: with the Secretary of Energy and the Sec- the areas included on the most recent list
retary of Defense, conduct a study to analyze under section 2005.
SEC. ll. ENSURING THAT THE SCOPE OF CER-
TAIN REGULATIONS OF THE DE- the feasibility of authorizing a consortia (11) MINORITY-SERVING INSTITUTION.—The
PARTMENT OF HEALTH AND HUMAN within the National Laboratory system to term ‘‘minority-serving institution’’ means
SERVICES IS LIMITED TO CONTROL- address information technology and oper- an institution described in section 371(a) of
LING COMMUNICABLE DISEASES. ational technology cybersecurity the Higher Education Act of 1965 (20 U.S.C.
Section 361(a) of the Public Health Service vulnerabilities in critical infrastructure (as 1067q(a)).
Act (42 U.S.C. 264(a)) is amended by striking defined in section 1016(e) of the Critical In- (12) NATIONAL LABORATORY.—The term
‘‘The Surgeon General,’’ and all that follows frastructures Protection Act of 2001 (42 ‘‘National Laboratory’’, without respect to
through ‘‘may be necessary.’’ at the end and U.S.C. 5195c(e)). capitalization, has the meaning given the
inserting the following: ‘‘To prevent the in- (b) ELEMENTS.—The study required under term in section 2 of the Energy Policy Act of
troduction, transmission, or spread of com- subsection (a) shall include the following: 2005 (42 U.S.C. 15801).
municable diseases from foreign countries (1) An analysis of any additional authori- (13) STEM.—The term ‘‘STEM’’ means the
into the States or possessions, or from one ties needed to establish a research and devel- academic and professional disciplines of
State or possession into any other State or opment program to leverage the expertise at science, technology, engineering, and mathe-
possession, the Secretary may make and en- the Department of Energy National Labora- matics, including computer science.
force regulations under this section— tories to accelerate development and deliv-
‘‘(1) for the measures authorized under sub- ery of advanced tools and techniques to de- SA 1710. Mr. KENNEDY (for himself,
sections (b) through (d); or fend critical infrastructure against cyber in- Mr. RISCH, Mr. HAGERTY, Mr. TILLIS,
‘‘(2) to provide for such inspection, fumiga- trusions and enable resilient operations dur- and Mr. TOOMEY) submitted an amend-
tion, disinfection, sanitation, pest extermi- ing a cyber attack. ment intended to be proposed to
nation, or destruction of animals or articles (2) Evaluation of potential pilot programs
found to be so infected or contaminated as to in research, innovation transfer, academic
amendment SA 1502 proposed by Mr.
be sources of dangerous infection to human partnerships, and industry partnerships for SCHUMER to the bill S. 1260, to establish
beings.’’. critical infrastructure protection research. a new Directorate for Technology and
(3) Identification of and assessment of Innovation in the National Science
SA 1707. Mr. PAUL (for himself, Mr. near-term actions, and cost estimates, nec- Foundation, to establish a regional
JOHNSON, Mr. TILLIS, Mr. TUBERVILLE, essary for the proposed consortia to be estab- technology hub program, to require a
Mr. MARSHALL, and Mr. BRAUN) sub- lished and effective at a broad scale expedi- strategy and report on economic secu-
mitted an amendment intended to be tiously. rity, science, research, innovation,
(c) REPORT.—
proposed by him to the bill S. 1260, to manufacturing, and job creation, to es-
(1) IN GENERAL.—Not later than 120 days
establish a new Directorate for Tech- after the date of the enactment of this Act, tablish a critical supply chain resil-
nology and Innovation in the National the Secretary of Defense shall submit to the iency program, and for other purposes;
Science Foundation, to establish a re- appropriate committees of Congress a report which was ordered to lie on the table;
gional technology hub program, to re- on the findings of the Secretary with respect as follows:
quire a strategy and report on eco- to the study conducted under subsection (a). At the end of title III of division C, add the
nomic security, science, research, inno- (2) FORM.—The report submitted under following:
vation, manufacturing, and job cre- paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified SEC. 3314. PROHIBITION ON ALLOCATIONS OF
ation, to establish a critical supply SPECIAL DRAWING RIGHTS AT
annex. INTERNATIONAL MONETARY FUND
chain resiliency program, and for other (3) APPROPRIATE COMMITTEES OF CONGRESS FOR PERPETRATORS OF GENOCIDE
purposes; which was ordered to lie on DEFINED.—In this subsection, the term ‘‘ap- AND STATE SPONSORS OF TER-
the table; as follows: propriate committees of Congress’’ means— RORISM WITHOUT CONGRESSIONAL
At the appropriate place, insert the (A) Committee on Armed Services, the AUTHORIZATION.
following: Committee Energy and Natural Resources, Section 6(b) of the Special Drawing Rights
SEC. ll. PROHIBITION ON FUNDING FOR GAIN-
and the Committee on Homeland Security Act (22 U.S.C. 286q(b)) is amended by adding
and Government Affairs of the Senate; and at the end the following:
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OF-FUNCTION RESEARCH CON-
DUCTED IN CHINA. (B) the Committee on Armed Services, the ‘‘(3) Unless Congress by law authorizes
(a) IN GENERAL.—No funds made available Committee on Energy and Commerce, and such action, neither the President nor any
to any Federal agency, including the Na- the Committee on Homeland Security of the person or agency shall on behalf of the
tional Institutes of Health and the Depart- House of Representatives. United States vote to allocate Special Draw-
ment of State, may be used for any gain-of- ing Rights under article XVIII, sections 2
function research conducted in China. SA 1709. Mr. COTTON submitted an and 3, of the Articles of Agreement of the
(b) DEFINITION OF GAIN-OF-FUNCTION RE- amendment intended to be proposed to Fund to a member country of the Fund, if
SEARCH.—In this section, the term ‘‘gain-of- amendment SA 1502 proposed by Mr. the government of the member country has—
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S3204 CONGRESSIONAL RECORD — SENATE May 20, 2021
‘‘(A) committed genocide at any time dur- which was ordered to lie on the table; technology hub program, to require a
ing the 10-year period ending with the date as follows: strategy and report on economic secu-
of the vote; or rity, science, research, innovation,
SEC. 3lll. DISCLOSURE REQUIREMENT FOR
‘‘(B) been determined by the Secretary of FOREIGN STUDENTS RECEIVING manufacturing, and job creation, to es-
State, as of the date of the enactment of the FUNDING FROM THE GOVERNMENT
Strategic Competition Act of 2021, to have tablish a critical supply chain resil-
OF THE PEOPLE’S REPUBLIC OF
repeatedly provided support for acts of inter- CHINA. iency program, and for other purposes;
national terrorism, for purposes of— An alien present in the United States pur- which was ordered to lie on the table;
‘‘(i) section 1754(c)(1)(A)(i) of the Export suant to a visa issued under subparagraph as follows:
Control Reform Act of 2018 (50 U.S.C. (F) or (J) of section 101(a)(15) of the Immi- SEC. ll. ACCOUNTABILITY AND TRANSPARENCY
4813(c)(1)(A)(i)); gration and Nationality Act (8 U.S.C. TASK FORCE.
‘‘(ii) section 620A of the Foreign Assistance 1101(a)(15)) shall disclose to the Secretary of (a) DEFINITIONS.—In this section—
Act of 1961 (22 U.S.C. 2371); Homeland Security any funding received by (1) the term ‘‘agency’’ has the meaning
‘‘(iii) section 40(d) of the Arms Export Con- the alien, directly or indirectly, from the given the term in section 551 of title 5,
trol Act (22 U.S.C. 2780(d)); or Government of the PRC. United States Code;
‘‘(iv) any other provision of law.’’. (2) the term ‘‘Chairperson’’ means the
SA 1714. Mr. MARSHALL submitted chairperson of the Task Force;
SA 1711. Mr. KENNEDY submitted an an amendment intended to be proposed (3) the term ‘‘covered funds’’ means any
amendment intended to be proposed to by him to the bill S. 1260, to establish loan, loan guarantee, grant, or any other
amendment SA 1502 proposed by Mr. a new Directorate for Technology and funds received or distributed under this sec-
SCHUMER to the bill S. 1260, to establish Innovation in the National Science tion; and
a new Directorate for Technology and Foundation, to establish a regional (4) the term ‘‘Task Force’’ means the Ac-
Innovation in the National Science technology hub program, to require a countability and Transparency Task Force
Foundation, to establish a regional established under subsection (b).
strategy and report on economic secu- (b) ESTABLISHMENT.—There is established
technology hub program, to require a rity, science, research, innovation, the Accountability and Transparency Task
strategy and report on economic secu- manufacturing, and job creation, to es- Force to coordinate and conduct oversight of
rity, science, research, innovation, tablish a critical supply chain resil- covered funds to prevent fraud, waste, and
manufacturing, and job creation, to es- iency program, and for other purposes; abuse.
tablish a critical supply chain resil- which was ordered to lie on the table; (c) COMPOSITION OF THE TASK FORCE.—
iency program, and for other purposes; as follows: (1) CHAIRPERSON.—The Chairperson of the
which was ordered to lie on the table; Task Force shall be the Director of the Of-
SEC. ll. PROHIBITION ON IMPORTATION OF fice of Management and Budget.
as follows: CERTAIN SOLAR PRODUCTS FROM
THE PEOPLE’S REPUBLIC OF CHINA.
(2) MEMBERS.—The members of the Task
Beginning on page 475, on line 15, strike Force shall include the Inspector General or
‘‘unless’’ and all that follows through line 12 (a) IN GENERAL.—The importation into the
analogous officer of any agency that receives
of page 477. United States of solar products described in
and distributes covered funds.
Beginning on page 1410, strike line 1 and subsection (b) is prohibited.
(b) SOLAR PRODUCTS DESCRIBED.—A solar (3) COMPENSATION.—No member of the Task
all that follows through line 10 on page 1412 Force shall receive any additional compensa-
and insert the following: product described in this subsection is a
solar product— tion for serving on the Task Force.
(b) RESTRICTIONS ON CONFUCIUS INSTI- (d) FUNCTIONS OF THE TASK FORCE.—
TUTES.—An institution of higher education (1) produced in the Xinjiang Uyghur Au-
tonomous Region of the People’s Republic of (1) FUNCTIONS.—
that maintains a contract or agreement be- (A) IN GENERAL.—The Task Force shall co-
tween the institution and a Confucius Insti- China; or
(2) produced using forced labor anywhere in ordinate and conduct oversight of covered
tute shall not be eligible to receive Federal funds in order to prevent fraud, waste, and
funds provided under the Higher Education the People’s Republic of China.
abuse.
Act of 1965 (20 U.S.C. 1001 et seq.), except (B) SPECIFIC FUNCTIONS.—The functions of
funds provided under title IV of such Act. SA 1715. Mr. RISCH (for himself, Mr.
the Task Force shall include—
BARRASSO, and Mr. YOUNG) submitted
(i) reviewing whether the reporting of cov-
SA 1712. Mr. MARSHALL submitted an amendment intended to be proposed ered funds meets applicable standards and
an amendment intended to be proposed to amendment SA 1502 proposed by Mr. specifies the purpose of the use of the cov-
by him to the bill S. 1260, to establish SCHUMER to the bill S. 1260, to establish ered funds and measures of performance;
a new Directorate for Technology and a new Directorate for Technology and (ii) reviewing whether competition require-
Innovation in the National Science Innovation in the National Science ments applicable to covered funds have been
Foundation, to establish a regional Foundation, to establish a regional satisfied;
technology hub program, to require a technology hub program, to require a (iii) auditing or reviewing covered funds to
determine whether wasteful spending, poor
strategy and report on economic secu- strategy and report on economic secu-
management of covered funds, or other
rity, science, research, innovation, rity, science, research, innovation, abuses are occurring and referring matters it
manufacturing, and job creation, to es- manufacturing, and job creation, to es- considers appropriate for investigation to
tablish a critical supply chain resil- tablish a critical supply chain resil- the inspector general for the agency that dis-
iency program, and for other purposes; iency program, and for other purposes; bursed the covered funds;
which was ordered to lie on the table; which was ordered to lie on the table; (iv) reviewing whether there are sufficient
as follows: as follows: qualified acquisition and grant personnel
At the end of section 3219K, add the fol- overseeing covered funds;
At the appropriate place, insert the (v) reviewing whether personnel whose du-
following: lowing:
(c) SUPPORT FOR POWER-GENERATION ties involve acquisitions or the use of cov-
SEC. ll. SENSE OF CONGRESS ON NEGOTIATION ered funds receive adequate training; and
OF A FREE TRADE AGREEMENT PROJECTS IN CERTAIN LESS DEVELOPED COUN-
TRIES.—Notwithstanding any provision of (vi) reviewing whether there are appro-
WITH TAIWAN.
law, or rule, regulation, plan, or policy of the priate mechanisms for interagency collabo-
It is the sense of Congress that the Presi- ration relating to covered funds, including
dent should initiate negotiations to enter United States International Development Fi-
nance Corporation, the Corporation may pro- coordinating and collaborating to the extent
into a free trade agreement with Taiwan. practicable with the Council of the Inspec-
vide support under title II of the Better Uti-
lization of Investments Leading to Develop- tors General on Integrity and Efficiency.
SA 1713. Mr. MARSHALL submitted (2) REPORTS.—
an amendment intended to be proposed ment Act of 2018 (22 U.S.C. 9621 et seq.) for
any power-generation project in a less devel- (A) MONTHLY AND OTHER REPORTS.—
by him to the bill S. 1260, to establish oped country described in section 1412(c)(1) (i) MONTHLY.—The Task Force shall submit
a new Directorate for Technology and of that Act (22 U.S.C. 9612(c)(1)). to the President and Congress, including the
Innovation in the National Science Committees on Appropriations of the Senate
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Foundation, to establish a regional SA 1716. Mr. LEE submitted an and House of Representatives, and any mem-
technology hub program, to require a amendment intended to be proposed to ber of Congress upon request, monthly re-
ports on potential management and funding
strategy and report on economic secu- amendment SA 1502 proposed by Mr.
problems relating to covered funds that re-
rity, science, research, innovation, SCHUMER to the bill S. 1260, to establish quire immediate attention.
manufacturing, and job creation, to es- a new Directorate for Technology and (ii) ADDITIONAL REPORTS.—The Task Force
tablish a critical supply chain resil- Innovation in the National Science shall submit to the President, Congress, and
iency program, and for other purposes; Foundation, to establish a regional any member of Congress upon request such
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3205
other reports as the Task Force considers ap- persons who are not Federal officers or em- (4) WAIVER.—The Task Force may exclude
propriate on the use and benefits of covered ployees at such public hearings. Any such posting contractual or other information on
funds. subpoenas may be enforced in the same man- the website on a case-by-case basis when nec-
(B) QUARTERLY AND OTHER REPORTS.—The ner as provided for subpoenas under section essary to protect national security or to pro-
Task Force shall submit quarterly reports to 6 of the Inspector General Act of 1978 (5 tect information that is not subject to dis-
the President and Congress, including the U.S.C. App.). closure under sections 552 and 552a of title 5,
Committees on Appropriations of the Senate (f) TASK FORCE WEBSITE.— United States Code.
and House of Representatives, and any mem- (1) ESTABLISHMENT.—Not later than 30 days (g) INDEPENDENCE OF INSPECTORS GEN-
ber of Congress upon request, summarizing after the date of enactment of this Act, the ERAL.—
the findings of the Task Force and the find- Director of the Office of Management and (1) INDEPENDENT AUTHORITY.—Nothing in
ings of the members of the Task Force, and Budget shall establish and maintain a user- this section shall affect the independent au-
may submit additional reports as appro- friendly, public-facing website to foster thority of an inspector general to determine
priate. greater accountability and transparency in whether to conduct an audit or investigation
(C) ANNUAL REPORTS.—The Task Force the use of covered funds. of covered funds.
shall submit annual reports to the President (2) PURPOSE.—The website established and (2) REQUESTS BY TASK FORCE.—If the Task
and Congress, including the Committees on maintained under paragraph (1) shall be a Force requests that an Inspector General of
Appropriations of the Senate and House of an agency conduct or refrain from con-
portal or gateway to key information relat-
Representatives, and any member of Con- ducting an audit or investigation and the In-
ing to this section and provide connections
gress upon request, consolidating applicable spector General rejects the request in whole
to other Government websites with related
quarterly reports on the use of covered or in part—
information.
funds. (A) the Inspector General shall, not later
(3) CONTENT AND FUNCTION.—In establishing
(D) PUBLIC AVAILABILITY.— than 30 days after rejecting the request, sub-
the website established and maintained
(i) IN GENERAL.—All reports submitted mit a report to the Task Force, the head of
under paragraph (1), the Task Force shall en-
under this paragraph shall be made publicly the applicable agency, and the congressional
sure the following:
available and posted on the website estab- committees of jurisdiction, including the
(A) The website shall provide materials ex-
lished under subsection (f). Committees on Appropriations of the Senate
(ii) REDACTIONS.—Any portion of a report plaining what this section means for citi-
zens. The materials shall be easy to under- and House of Representatives, that states
submitted under this paragraph may be re- the reasons that the Inspector General has
dacted when made publicly available, if that stand and regularly updated.
(B) The website shall provide account- rejected the request in whole or in part; and
portion would disclose information that is (B) the decision of the Inspector General
not subject to disclosure under sections 552 ability information, including findings from
audits, inspectors general, and the Govern- shall be final.
and 552a of title 5, United States Code. (h) COORDINATION WITH THE COMPTROLLER
(3) RECOMMENDATIONS.— ment Accountability Office.
(C) The website shall provide data on rel- GENERAL AND STATE AUDITORS.—The Task
(A) IN GENERAL.—The Task Force shall Force shall coordinate its oversight activi-
make recommendations to agencies on meas- evant economic, financial, grant, and con-
tract information in user-friendly visual ties with the Comptroller General of the
ures to prevent fraud, waste, and abuse relat- United States and State auditors.
ing to covered funds. presentations to enhance public awareness of
the use of covered funds. (i) TERMINATION OF THE TASK FORCE.—The
(B) RESPONSIVE REPORTS.—Not later than Task Force shall terminate on the date that
30 days after receipt of a recommendation (D) The website shall provide detailed data
on covered funds awarded by the Federal is 5 years after the date of enactment of this
under subparagraph (A), an agency shall sub-
Government, including information about Act.
mit a report to the President, the congres-
sional committees of jurisdiction, including the competitiveness of the contracting proc- ---
the Committees on Appropriations of the ess, information about the process that was SA 1717. Mr. LEE submitted an
Senate and House of Representatives, and used for the award of covered funds, and for amendment intended to be proposed to
the Task Force on— covered funds over $500,000, a summary of amendment SA 1502 proposed by Mr.
(i) whether the agency agrees or disagrees any related contract. SCHUMER to the bill S. 1260, to establish
with the recommendations; and (E) The website shall include printable re- a new Directorate for Technology and
(ii) any actions the agency will take to im- ports on covered funds obligated by month to Innovation in the National Science
plement the recommendations. each State and congressional district.
Foundation, to establish a regional
(e) POWERS OF THE TASK FORCE.— (F) The website shall provide a means for
(1) IN GENERAL.—The Task Force shall con- the public to give feedback on the perform- technology hub program, to require a
duct audits and reviews of spending of cov- ance of activities carried out with covered strategy and report on economic secu-
ered funds and coordinate on such activities funds. rity, science, research, innovation,
with the Inspector General of the relevant (G) The website shall include detailed in- manufacturing, and job creation, to es-
agency to avoid duplication and overlap of formation on the expenditure by the Federal tablish a critical supply chain resil-
work. Government of covered funds, to include the iency program, and for other purposes;
(2) AUDITS AND REVIEWS.—The Task Force data elements required to comply with the which was ordered to lie on the table;
may— Federal Funding Accountability and Trans-
as follows:
(A) conduct its own independent audits and parency Act of 2006 (31 U.S.C. 6101 note), al-
reviews relating to covered funds; and lowing aggregate reporting on awards below TITLE ll—REINS ACT
(B) collaborate on audits and reviews relat- $25,000 or to individuals, as prescribed by the SEC. ll01. SHORT TITLE.
ing to covered funds with any Inspector Gen- Director of the Office of Management and This title may be cited as the ‘‘Regulations
eral of an agency. Budget. from the Executive in Need of Scrutiny Act
(3) AUTHORITIES.— (H) The website shall provide a link to esti- of 2021’’ or the ‘‘REINS Act’’
(A) AUDITS AND REVIEWS.—In conducting mates of the jobs sustained or created by SEC. ll02. PURPOSE.
audits and reviews, the Task Force— this section. The purpose of this title is to increase ac-
(i) shall have the authorities provided (I) The website shall provide a link to in- countability for and transparency in the
under section 6 of the Inspector General Act formation about announcements of grant Federal regulatory process. Section 1 of arti-
of 1978 (5 U.S.C. App.); and competitions and solicitations for contracts cle I of the United States Constitution
(ii) may issue subpoenas to compel the tes- to be awarded. grants all legislative powers to Congress.
timony of persons who are not Federal offi- (J) The website shall include appropriate Over time, Congress has excessively dele-
cers or employees and may enforce such sub- links to other government websites with in- gated its constitutional charge while failing
poenas in the same manner as provided for formation concerning covered funds, includ- to conduct appropriate oversight and retain
subpoenas under section 6 of the Inspector ing Federal agency and State websites. accountability for the content of the laws it
General Act of 1978 (5 U.S.C. App.). (K) The website shall include a plan from passes. By requiring a vote in Congress, the
(B) STANDARDS AND GUIDELINES.—The Task each Federal agency for using funds made REINS Act will result in more carefully
Force shall carry out the powers under para- available in this section to the agency. drafted and detailed legislation, an improved
graphs (1) and (2) in accordance with section (L) The website shall provide information regulatory process, and a legislative branch
4(b)(1) of the Inspector General Act of 1978 (5 on Federal allocations of formula grants and that is truly accountable to the American
U.S.C. App.). awards of competitive grants using covered
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people for the laws imposed upon them.
(4) PUBLIC HEARINGS.—The Task Force may funds.
SEC. ll03. CONGRESSIONAL REVIEW OF AGEN-
hold public hearings and Task Force per- (M) The website shall provide information CY RULEMAKING.
sonnel may conduct necessary inquiries. The on Federal allocations of mandatory and
Chapter 8 of title 5, United States Code, is
head of each agency shall make all officers other entitlement programs by State, coun-
amended to read as follows:
and employees of that agency available to ty, or other appropriate geographical unit.
provide testimony to the Task Force and (N) The website shall be enhanced and up- ‘‘CHAPTER 8—CONGRESSIONAL REVIEW
Task Force personnel. The Task Force may dated as necessary to carry out the purposes OF AGENCY RULEMAKING
issue subpoenas to compel the testimony of of this section. ‘‘Sec.
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S3206 CONGRESSIONAL RECORD — SENATE May 20, 2021
‘‘801. Congressional review. period provided in subsection (b)(2), then a ‘‘(A) bears no preamble;
‘‘802. Congressional approval procedure for joint resolution of approval relating to the ‘‘(B) bears the following title (with blanks
major rules. same rule may not be considered under this filled as appropriate): ‘Approving the rule
‘‘803. Congressional disapproval procedure for chapter in the same Congress by either the submitted by lll relating to lll.’;
nonmajor rules. House of Representatives or the Senate. ‘‘(C) includes after its resolving clause only
‘‘804. Definitions. ‘‘(b)(1) A major rule shall not take effect the following (with blanks filled as appro-
‘‘805. Judicial review. unless the Congress enacts a joint resolution priate): ‘That Congress approves the rule
‘‘806. Exemption for monetary policy. of approval described under section 802. submitted by lll relating to lll.’; and
‘‘807. Effective date of certain rules. ‘‘(2) If a joint resolution described in sub- ‘‘(D) is introduced pursuant to paragraph
‘‘§ 801. Congressional review section (a) is not enacted into law by the end (2).
‘‘(a)(1)(A) Before a rule may take effect, of 70 session days or legislative days, as ap- ‘‘(2) After a House of Congress receives a
the Federal agency promulgating such rule plicable, beginning on the date on which the report classifying a rule as major pursuant
shall publish in the Federal Register a list of report referred to in subsection (a)(1)(A) is to section 801(a)(1)(A)(iii), the majority lead-
information on which the rule is based, in- received by Congress (excluding days either er of that House (or his or her respective des-
cluding data, scientific and economic stud- House of Congress is adjourned for more than ignee) shall introduce (by request, if appro-
ies, and cost-benefit analyses, and identify 3 days during a session of Congress), then the priate) a joint resolution described in para-
how the public can access such information rule described in that resolution shall be graph (1)—
online, and shall submit to each House of the deemed not to be approved and such rule ‘‘(A) in the case of the House of Represent-
Congress and to the Comptroller General a shall not take effect. atives, within 3 legislative days; and
report containing— ‘‘(c)(1) Notwithstanding any other provi- ‘‘(B) in the case of the Senate, within 3 ses-
‘‘(i) a copy of the rule; sion of this section (except subject to para- sion days.
‘‘(ii) a concise general statement relating graph (3)), a major rule may take effect for ‘‘(3) A joint resolution described in para-
to the rule; one 90-calendar-day period if the President graph (1) shall not be subject to amendment
‘‘(iii) a classification of the rule as a major makes a determination under paragraph (2) at any stage of proceeding.
or nonmajor rule, including an explanation and submits written notice of such deter- ‘‘(b) A joint resolution described in sub-
of the classification specifically addressing mination to the Congress. section (a) shall be referred in each House of
each criteria for a major rule contained ‘‘(2) Paragraph (1) applies to a determina- Congress to the committees having jurisdic-
within subparagraphs (A) through (C) of sec- tion made by the President by Executive tion over the provision of law under which
tion 804(2); order that the major rule should take effect the rule is issued.
‘‘(iv) a list of any other related regulatory because such rule is— ‘‘(c) In the Senate, if the committee or
actions intended to implement the same ‘‘(A) necessary because of an imminent committees to which a joint resolution de-
statutory provision or regulatory objective threat to health or safety or other emer- scribed in subsection (a) has been referred
as well as the individual and aggregate eco- gency; have not reported it at the end of 15 session
nomic effects of those actions; and ‘‘(B) necessary for the enforcement of days after its introduction, such committee
‘‘(v) the proposed effective date of the rule. criminal laws; or committees shall be automatically dis-
‘‘(B) On the date of the submission of the ‘‘(C) necessary for national security; or charged from further consideration of the
report under subparagraph (A), the Federal ‘‘(D) issued pursuant to any statute imple- resolution and it shall be placed on the cal-
agency promulgating the rule shall submit menting an international trade agreement. endar. A vote on final passage of the resolu-
to the Comptroller General and make avail- ‘‘(3) An exercise by the President of the au- tion shall be taken on or before the close of
able to each House of Congress— thority under this subsection shall have no the 15th session day after the resolution is
‘‘(i) a complete copy of the cost-benefit effect on the procedures under section 802. reported by the committee or committees to
analysis of the rule, if any, including an ‘‘(d)(1) In addition to the opportunity for which it was referred, or after such com-
analysis of any jobs added or lost, differen- review otherwise provided under this chap- mittee or committees have been discharged
tiating between public and private sector ter, in the case of any rule for which a report from further consideration of the resolution.
jobs; was submitted in accordance with subsection ‘‘(d)(1) In the Senate, when the committee
‘‘(ii) the agency’s actions pursuant to sec- (a)(1)(A) during the period beginning on the or committees to which a joint resolution is
tions 603, 604, 605, 607, and 609 of this title; date occurring— referred have reported, or when a committee
‘‘(iii) the agency’s actions pursuant to sec- ‘‘(A) in the case of the Senate, 60 session or committees are discharged (under sub-
tions 202, 203, 204, and 205 of the Unfunded days; or section (c)) from further consideration of a
Mandates Reform Act of 1995; and ‘‘(B) in the case of the House of Represent- joint resolution described in subsection (a),
‘‘(iv) any other relevant information or re- atives, 60 legislative days, it is at any time thereafter in order (even
before the date the Congress is scheduled to though a previous motion to the same effect
quirements under any other Act and any rel-
adjourn a session of Congress through the has been disagreed to) for a motion to pro-
evant Executive orders.
‘‘(C) Upon receipt of a report submitted date on which the same or succeeding Con- ceed to the consideration of the joint resolu-
under subparagraph (A), each House shall gress first convenes its next session, sections tion, and all points of order against the joint
provide copies of the report to the chairman 802 and 803 shall apply to such rule in the resolution (and against consideration of the
and ranking member of each standing com- succeeding session of Congress. joint resolution) are waived. The motion is
‘‘(2)(A) In applying sections 802 and 803 for not subject to amendment, or to a motion to
mittee with jurisdiction under the rules of
purposes of such additional review, a rule de- postpone, or to a motion to proceed to the
the House of Representatives or the Senate
scribed under paragraph (1) shall be treated consideration of other business. A motion to
to report a bill to amend the provision of law
as though— reconsider the vote by which the motion is
under which the rule is issued.
‘‘(2)(A) The Comptroller General shall pro- ‘‘(i) such rule were published in the Federal agreed to or disagreed to shall not be in
vide a report on each major rule to the com- Register on— order. If a motion to proceed to the consider-
mittees of jurisdiction by the end of 15 cal- ‘‘(I) in the case of the Senate, the 15th ses- ation of the joint resolution is agreed to, the
endar days after the submission or publica- sion day; or joint resolution shall remain the unfinished
tion date. The report of the Comptroller ‘‘(II) in the case of the House of Represent- business of the Senate until disposed of.
General shall include an assessment of the atives, the 15th legislative day, ‘‘(2) In the Senate, debate on the joint res-
agency’s compliance with procedural steps after the succeeding session of Congress first olution, and on all debatable motions and ap-
required by paragraph (1)(B) and an assess- convenes; and peals in connection therewith, shall be lim-
ment of whether the major rule imposes any ‘‘(ii) a report on such rule were submitted ited to not more than 2 hours, which shall be
new limits or mandates on private-sector ac- to Congress under subsection (a)(1) on such divided equally between those favoring and
tivity. date. those opposing the joint resolution. A mo-
‘‘(B) Federal agencies shall cooperate with ‘‘(B) Nothing in this paragraph shall be tion to further limit debate is in order and
the Comptroller General by providing infor- construed to affect the requirement under not debatable. An amendment to, or a mo-
mation relevant to the Comptroller Gen- subsection (a)(1) that a report shall be sub- tion to postpone, or a motion to proceed to
eral’s report under subparagraph (A). mitted to Congress before a rule can take ef- the consideration of other business, or a mo-
‘‘(3) A major rule relating to a report sub- fect. tion to recommit the joint resolution is not
‘‘(3) A rule described under paragraph (1)
mitted under paragraph (1) shall take effect in order.
shall take effect as otherwise provided by ‘‘(3) In the Senate, immediately following
upon enactment of a joint resolution of ap-
law (including other subsections of this sec- the conclusion of the debate on a joint reso-
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proval described in section 802 or as provided
tion). lution described in subsection (a), and a sin-
for in the rule following enactment of a joint
resolution of approval described in section ‘‘§ 802. Congressional approval procedure for gle quorum call at the conclusion of the de-
802, whichever is later. major rules bate if requested in accordance with the
‘‘(4) A nonmajor rule shall take effect as ‘‘(a)(1) For purposes of this section, the rules of the Senate, the vote on final passage
provided by section 803 after submission to term ‘joint resolution’ means only a joint of the joint resolution shall occur.
Congress under paragraph (1). resolution addressing a report classifying a ‘‘(4) Appeals from the decisions of the
‘‘(5) If a joint resolution of approval relat- rule as major pursuant to section Chair relating to the application of the rules
ing to a major rule is not enacted within the 801(a)(1)(A)(iii) that— of the Senate to the procedure relating to a
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3207
joint resolution described in subsection (a) ‘‘(b) A joint resolution described in sub- ‘‘(B) the vote on final passage shall be on
shall be decided without debate. section (a) shall be referred to the commit- the joint resolution of the other House.
‘‘(e) In the House of Representatives, if any tees in each House of Congress with jurisdic- ‘‘§ 804. Definitions
committee to which a joint resolution de- tion. ‘‘For purposes of this chapter:
scribed in subsection (a) has been referred ‘‘(c) In the Senate, if the committee to
‘‘(1) The term ‘Federal agency’ means any
has not reported it to the House at the end which is referred a joint resolution described
agency as that term is defined in section
of 15 legislative days after its introduction, in subsection (a) has not reported such joint
551(1).
such committee shall be discharged from fur- resolution (or an identical joint resolution)
‘‘(2) The term ‘major rule’ means any rule,
ther consideration of the joint resolution, at the end of 15 session days after the date of
including an interim final rule, that the Ad-
and it shall be placed on the appropriate cal- introduction of the joint resolution, such
ministrator of the Office of Information and
endar. On the second and fourth Thursdays committee may be discharged from further
Regulatory Affairs of the Office of Manage-
of each month it shall be in order at any consideration of such joint resolution upon a
ment and Budget finds has resulted in or is
time for the Speaker to recognize a Member petition supported in writing by 30 Members
likely to result in—
who favors passage of a joint resolution that of the Senate, and such joint resolution shall
‘‘(A) an annual effect on the economy of
has appeared on the calendar for at least 5 be placed on the calendar.
‘‘(d)(1) In the Senate, when the committee $100 million or more;
legislative days to call up that joint resolu- ‘‘(B) a major increase in costs or prices for
tion for immediate consideration in the to which a joint resolution is referred has re-
ported, or when a committee is discharged consumers, individual industries, Federal,
House without intervention of any point of State, or local government agencies, or geo-
order. When so called up a joint resolution (under subsection (c)) from further consider-
ation of a joint resolution described in sub- graphic regions; or
shall be considered as read and shall be de- ‘‘(C) significant adverse effects on competi-
batable for 1 hour equally divided and con- section (a), it is at any time thereafter in
order (even though a previous motion to the tion, employment, investment, productivity,
trolled by the proponent and an opponent, innovation, or the ability of United States-
and the previous question shall be considered same effect has been disagreed to) for a mo-
tion to proceed to the consideration of the based enterprises to compete with foreign-
as ordered to its passage without intervening based enterprises in domestic and export
motion. It shall not be in order to reconsider joint resolution, and all points of order
against the joint resolution (and against markets.
the vote on passage. If a vote on final pas- ‘‘(3) The term ‘nonmajor rule’ means any
sage of the joint resolution has not been consideration of the joint resolution) are
waived. The motion is not subject to amend- rule that is not a major rule.
taken by the third Thursday on which the ‘‘(4) The term ‘rule’ has the meaning given
Speaker may recognize a Member under this ment, or to a motion to postpone, or to a
motion to proceed to the consideration of such term in section 551, except that such
subsection, such vote shall be taken on that term does not include—
day. other business. A motion to reconsider the
vote by which the motion is agreed to or dis- ‘‘(A) any rule of particular applicability,
‘‘(f)(1) If, before passing a joint resolution including a rule that approves or prescribes
described in subsection (a), one House re- agreed to shall not be in order. If a motion
to proceed to the consideration of the joint for the future rates, wages, prices, services,
ceives from the other a joint resolution hav- or allowances therefore, corporate or finan-
ing the same text, then— resolution is agreed to, the joint resolution
shall remain the unfinished business of the cial structures, reorganizations, mergers, or
‘‘(A) the joint resolution of the other acquisitions thereof, or accounting practices
House shall not be referred to a committee; Senate until disposed of.
‘‘(2) In the Senate, debate on the joint res- or disclosures bearing on any of the fore-
and going;
‘‘(B) the procedure in the receiving House olution, and on all debatable motions and ap-
peals in connection therewith, shall be lim- ‘‘(B) any rule relating to agency manage-
shall be the same as if no joint resolution ment or personnel; or
had been received from the other House until ited to not more than 10 hours, which shall
be divided equally between those favoring ‘‘(C) any rule of agency organization, pro-
the vote on passage, when the joint resolu- cedure, or practice that does not substan-
tion received from the other House shall sup- and those opposing the joint resolution. A
motion to further limit debate is in order tially affect the rights or obligations of non-
plant the joint resolution of the receiving agency parties.
House. and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed ‘‘(5) The term ‘submission or publication
‘‘(2) This subsection shall not apply to the
to the consideration of other business, or a date’, except as otherwise provided in this
House of Representatives if the joint resolu-
motion to recommit the joint resolution is chapter, means—
tion received from the Senate is a revenue
not in order. ‘‘(A) in the case of a major rule, the date
measure.
‘‘(3) In the Senate, immediately following on which the Congress receives the report
‘‘(g) If either House has not taken a vote
the conclusion of the debate on a joint reso- submitted under section 801(a)(1); and
on final passage of the joint resolution by
lution described in subsection (a), and a sin- ‘‘(B) in the case of a nonmajor rule, the
the last day of the period described in sec-
gle quorum call at the conclusion of the de- later of—
tion 801(b)(2), then such vote shall be taken
bate if requested in accordance with the ‘‘(i) the date on which the Congress re-
on that day.
rules of the Senate, the vote on final passage ceives the report submitted under section
‘‘(h) This section and section 803 are en-
of the joint resolution shall occur. 801(a)(1); and
acted by Congress—
‘‘(4) Appeals from the decisions of the ‘‘(ii) the date on which the nonmajor rule
‘‘(1) as an exercise of the rulemaking power
Chair relating to the application of the rules is published in the Federal Register, if so
of the Senate and House of Representatives,
of the Senate to the procedure relating to a published.
respectively, and as such are deemed to be
part of the rules of each House, respectively, joint resolution described in subsection (a) ‘‘§ 805. Judicial review
but applicable only with respect to the pro- shall be decided without debate. ‘‘(a) No determination, finding, action, or
‘‘(e) In the Senate, the procedure specified omission under this chapter shall be subject
cedure to be followed in that House in the
in subsection (c) or (d) shall not apply to the to judicial review.
case of a joint resolution described in sub-
consideration of a joint resolution respecting ‘‘(b) Notwithstanding subsection (a), a
section (a) and superseding other rules only
a nonmajor rule— court may determine whether a Federal
where explicitly so; and
‘‘(1) after the expiration of the 60 session agency has completed the necessary require-
‘‘(2) with full recognition of the constitu-
days beginning with the applicable submis- ments under this chapter for a rule to take
tional right of either House to change the
sion or publication date; or effect.
rules (so far as they relate to the procedure
‘‘(2) if the report under section 801(a)(1)(A) ‘‘(c) The enactment of a joint resolution of
of that House) at any time, in the same man-
was submitted during the period referred to approval under section 802 shall not be inter-
ner and to the same extent as in the case of
in section 801(d)(1), after the expiration of preted to serve as a grant or modification of
any other rule of that House.
the 60 session days beginning on the 15th ses- statutory authority by Congress for the pro-
‘‘§ 803. Congressional disapproval procedure sion day after the succeeding session of Con- mulgation of a rule, shall not extinguish or
for nonmajor rules gress first convenes. affect any claim, whether substantive or pro-
‘‘(a) For purposes of this section, the term ‘‘(f) If, before the passage by one House of cedural, against any alleged defect in a rule,
‘joint resolution’ means only a joint resolu- a joint resolution of that House described in and shall not form part of the record before
tion introduced in the period beginning on subsection (a), that House receives from the the court in any judicial proceeding con-
the date on which the report referred to in other House a joint resolution described in cerning a rule except for purposes of deter-
section 801(a)(1)(A) is received by Congress subsection (a), then the following procedures mining whether or not the rule is in effect.
and ending 60 days thereafter (excluding shall apply:
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‘‘§ 806. Exemption for monetary policy
days either House of Congress is adjourned ‘‘(1) The joint resolution of the other
for more than 3 days during a session of Con- House shall not be referred to a committee. ‘‘Nothing in this chapter shall apply to
gress), the matter after the resolving clause ‘‘(2) With respect to a joint resolution de- rules that concern monetary policy proposed
of which is as follows: ‘That Congress dis- scribed in subsection (a) of the House receiv- or implemented by the Board of Governors of
approves the nonmajor rule submitted by the ing the joint resolution— the Federal Reserve System or the Federal
lll relating to lll, and such rule shall ‘‘(A) the procedure in that House shall be Open Market Committee.
have no force or effect.’ (The blank spaces the same as if no joint resolution had been ‘‘§ 807. Effective date of certain rules
being appropriately filled in). received from the other House; but ‘‘Notwithstanding section 801—
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S3208 CONGRESSIONAL RECORD — SENATE May 20, 2021
‘‘(1) any rule that establishes, modifies, amendment SA 1502 proposed by Mr. On page 1109, line 4, strike ‘‘(e)’’ and insert
opens, closes, or conducts a regulatory pro- SCHUMER to the bill S. 1260, to establish ‘‘(d)’’.
gram for a commercial, recreational, or sub- a new Directorate for Technology and
sistence activity related to hunting, fishing, SA 1722. Mr. LEE submitted an
Innovation in the National Science
or camping; or amendment intended to be proposed to
Foundation, to establish a regional
‘‘(2) any rule other than a major rule which amendment SA 1502 proposed by Mr.
an agency for good cause finds (and incor- technology hub program, to require a
SCHUMER to the bill S. 1260, to establish
porates the finding and a brief statement of strategy and report on economic secu-
a new Directorate for Technology and
reasons therefore in the rule issued) that no- rity, science, research, innovation,
Innovation in the National Science
tice and public procedure thereon are im- manufacturing, and job creation, to es-
Foundation, to establish a regional
practicable, unnecessary, or contrary to the tablish a critical supply chain resil-
public interest, technology hub program, to require a
iency program, and for other purposes;
shall take effect at such time as the Federal which was ordered to lie on the table; strategy and report on economic secu-
agency promulgating the rule determines.’’. as follows: rity, science, research, innovation,
SEC. ll04. BUDGETARY EFFECTS OF RULES manufacturing, and job creation, to es-
SUBJECT TO SECTION 802 OF TITLE Strike section 1002(b)(3)(B)(ii) and insert
the following: tablish a critical supply chain resil-
5, UNITED STATES CODE.
(ii) ALLOCATION BY PRESIDENT.—If Congress iency program, and for other purposes;
Section 257(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 has not enacted legislation establishing al- which was ordered to lie on the table;
U.S.C. 907(b)(2)) is amended by adding at the ternate allocations, including by account, as follows:
end the following new subparagraph: program element, and project, by the date on Strike section 2210.
‘‘(E) BUDGETARY EFFECTS OF RULES SUBJECT which the Act making full-year appropria-
TO SECTION 802 OF TITLE 5, UNITED STATES tions for the Department of Defense for the SA 1723. Mr. LEE submitted an
CODE.—Any rule subject to the congressional applicable fiscal year is enacted into law, amendment intended to be proposed to
approval procedure set forth in section 802 of only then shall amounts made available amendment SA 1502 proposed by Mr.
chapter 8 of title 5, United States Code, af- under paragraph (2) be allocated by the SCHUMER to the bill S. 1260, to establish
fecting budget authority, outlays, or receipts President or apportioned or allotted by ac- a new Directorate for Technology and
shall be assumed to be effective unless it is count, program element, and project pursu-
ant to title 31, United States Code.
Innovation in the National Science
not approved in accordance with such sec- Foundation, to establish a regional
tion.’’.
SA 1720. Mr. LEE submitted an technology hub program, to require a
SEC. ll05. GOVERNMENT ACCOUNTABILITY OF-
FICE STUDY OF RULES. amendment intended to be proposed to strategy and report on economic secu-
(a) IN GENERAL.—The Comptroller General amendment SA 1502 proposed by Mr. rity, science, research, innovation,
of the United States shall conduct a study to SCHUMER to the bill S. 1260, to establish manufacturing, and job creation, to es-
determine, as of the date of the enactment of a new Directorate for Technology and tablish a critical supply chain resil-
this Act— Innovation in the National Science iency program, and for other purposes;
(1) how many rules (as such term is defined Foundation, to establish a regional which was ordered to lie on the table;
in section 804 of title 5, United States Code) as follows:
technology hub program, to require a
were in effect;
(2) how many major rules (as such term is strategy and report on economic secu- Strike section 1002(c)(3)(B)(ii) and insert
rity, science, research, innovation, the following:
defined in section 804 of title 5, United States
manufacturing, and job creation, to es- (ii) ALLOCATION BY PRESIDENT.—If Congress
Code) were in effect; and
tablish a critical supply chain resil- has not enacted legislation establishing al-
(3) the total estimated economic cost im-
ternate allocations, including by account,
posed by all such rules. iency program, and for other purposes; program, project, and activity, by the date
(b) REPORT.—Not later than 1 year after which was ordered to lie on the table;
the date of the enactment of this Act, the on which the Act making full-year appro-
as follows: priations for the Department of State, For-
Comptroller General of the United States
Strike section 1002(a)(4)(B)(ii) and insert eign Operations, and Related Programs for
shall submit a report to Congress that con-
the following: the applicable fiscal year is enacted into law,
tains the findings of the study conducted
(ii) ALLOCATION BY PRESIDENT.—If Congress only then shall amounts made available
under subsection (a).
has not enacted legislation establishing al- under paragraph (2) be allocated by the
SA 1718. Mr. LEE submitted an ternate allocations, including by account, President or apportioned or allotted by ac-
program, and project, by the date on which count, program, project, and activity pursu-
amendment intended to be proposed to
the Act making full-year appropriations for ant to title 31, United States Code.
amendment SA 1502 proposed by Mr. the Department of Commerce, Justice,
SCHUMER to the bill S. 1260, to establish Science, and Related Agencies for the appli- SA 1724. Mr. LEE submitted an
a new Directorate for Technology and cable fiscal year is enacted into law, only amendment intended to be proposed to
Innovation in the National Science then shall amounts made available under amendment SA 1502 proposed by Mr.
Foundation, to establish a regional paragraph (2) be allocated by the President SCHUMER to the bill S. 1260, to establish
technology hub program, to require a or apportioned or allotted by account, pro-
a new Directorate for Technology and
strategy and report on economic secu- gram, and project pursuant to title 31,
United States Code. Innovation in the National Science
rity, science, research, innovation, Foundation, to establish a regional
manufacturing, and job creation, to es- SA 1721. Mr. LEE submitted an technology hub program, to require a
tablish a critical supply chain resil- amendment intended to be proposed to strategy and report on economic secu-
iency program, and for other purposes; amendment SA 1502 proposed by Mr. rity, science, research, innovation,
which was ordered to lie on the table; SCHUMER to the bill S. 1260, to establish manufacturing, and job creation, to es-
as follows: a new Directorate for Technology and tablish a critical supply chain resil-
Beginning on page 33, strike line 25 and all Innovation in the National Science iency program, and for other purposes;
that follows through page 35, line 5, and in- Foundation, to establish a regional which was ordered to lie on the table;
sert the following: technology hub program, to require a as follows:
(B) ALLOCATION BY PRESIDENT.—If Congress
has not enacted legislation establishing al-
strategy and report on economic secu- In section 2202, strike subsection (f).
ternate allocations, including by account, rity, science, research, innovation,
manufacturing, and job creation, to es- SA 1725. Mr. LEE submitted an
program, and project, by the date on which
the Act making full-year appropriations for tablish a critical supply chain resil- amendment intended to be proposed to
the Departments of Commerce and Justice, iency program, and for other purposes; amendment SA 1502 proposed by Mr.
Science, and Related Agencies for the appli- which was ordered to lie on the table; SCHUMER to the bill S. 1260, to establish
cable fiscal year is enacted into law, only as follows: a new Directorate for Technology and
then shall amounts recommended for alloca- Innovation in the National Science
SSpencer on DSK126QN23PROD with SENATE
On page 1107, line 5, strike ‘‘may’’ and in-
tion for that fiscal year from amounts made sert ‘‘shall’’. Foundation, to establish a regional
available under subsection (a) be allocated On page 1107, line 18, strike ‘‘25 percent’’ technology hub program, to require a
by the President or apportioned or allotted and insert ‘‘10 percent’’. strategy and report on economic secu-
by account, program, and project pursuant Beginning on page 1107, strike line 19 and
to title 31, United States Code. rity, science, research, innovation,
all that follows through page 1108, line 6, and
insert the following: manufacturing, and job creation, to es-
SA 1719. Mr. LEE submitted an (c) AUTOMATIC SUNSET ON WAIVERS OF GEN- tablish a critical supply chain resil-
amendment intended to be proposed to ERAL APPLICABILITY.— iency program, and for other purposes;
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3209
which was ordered to lie on the table; ‘‘(2) PROVISIONS OF LAW SPECIFIED.—The atives shall be referred to the Committee on
as follows: provisions of law specified in this paragraph Ways and Means and a joint resolution of ap-
At the end of title III of division F, add the are the following: proval introduced in the Senate shall be re-
following: ‘‘(A) Section 122. ferred to the Committee on Finance.
‘‘(B) Chapter 1 of title II. ‘‘(B) CONSIDERATION.—The Committee on
SEC. 6302. AVAILABILITY OF REPORTS TO MEM-
BERS OF CONGRESS. ‘‘(C) Title III. Ways and Means and the Committee on Fi-
Any report required by a provision of or ‘‘(D) Section 406. nance may, in considering a joint resolution
amendment made by this Act shall be made ‘‘(E) Section 338 of the Tariff Act of 1930 (19 of approval, hold such hearings and meetings
available to a Member of Congress upon re- U.S.C. 1338). and solicit such testimony as the Committee
quest. ‘‘(F) Section 232 of the Trade Expansion considers appropriate.
Act of 1962 (19 U.S.C. 1862). ‘‘(C) REPORTING.—
SA 1726. Mr. LEE submitted an ‘‘(G) Section 103(a) of the Bipartisan Con- ‘‘(i) IN GENERAL.—Subject to subparagraph
amendment intended to be proposed to gressional Trade Priorities and Account- (D), the Committee on Ways and Means and
ability Act of 2015 (19 U.S.C. 4202(a)). the Committee on Finance may, at any time
amendment SA 1502 proposed by Mr. after receiving a joint resolution of approval,
‘‘(H) The Trading with the Enemy Act (50
SCHUMER to the bill S. 1260, to establish U.S.C. 4301 et seq.). report the resolution favorably or unfavor-
a new Directorate for Technology and ‘‘(I) The International Emergency Eco- ably.
Innovation in the National Science nomic Powers Act (50 U.S.C. 1701 et seq.). ‘‘(ii) SUBSEQUENT RESOLUTIONS.—If a subse-
Foundation, to establish a regional ‘‘(J) Any provision of law enacted to imple- quent joint resolution of approval relating to
technology hub program, to require a ment a trade agreement to which the United the same unilateral trade action proposed in
strategy and report on economic secu- States is a party. the same report submitted under subsection
rity, science, research, innovation, ‘‘(K) Any provision of a trade agreement to (b)(1) is referred to the Committee on Ways
which the United States is a party. and Means or the Committee on Finance
manufacturing, and job creation, to es- after the first such resolution is reported or
‘‘(3) EXCEPTION FOR TECHNICAL CORRECTIONS
tablish a critical supply chain resil- TO HARMONIZED TARIFF SCHEDULE.—A tech- discharged, the subsequent resolution shall
iency program, and for other purposes; nical correction to the Harmonized Tariff not be reported under this subparagraph.
which was ordered to lie on the table; Schedule of the United States shall not be ‘‘(iii) PLACEMENT ON CALENDAR.—A joint
as follows: considered a unilateral trade action for pur- resolution of approval reported by the Com-
At the end of title III of division C, add the poses of this section. mittee on Ways and Means or the Committee
following: ‘‘(b) CONGRESSIONAL APPROVAL REQUIRED.— on Finance shall lie over one legislative day
SEC. 3314. REPORT ON FORCED LABOR IN A unilateral trade action may not take ef- and then be placed on the appropriate cal-
UNITED STATES SUPPLY CHAINS. fect unless— endar.
The Commissioner of U.S. Customs and ‘‘(1) the President submits to Congress and ‘‘(D) DISCHARGE.—
Border Protection shall submit to Congress a to the Comptroller General of the United ‘‘(i) IN GENERAL.—If the Committee on
report— States a report that includes— Ways and Means or the Committee on Fi-
(1) assessing the prevalence of goods made ‘‘(A) a description of the proposed unilat- nance has not reported a joint resolution of
with forced labor in United States supply eral trade action; approval by the date that is 15 days after the
chains; and ‘‘(B) the proposed effective period for the resolution is referred to the committee, the
(2) making recommendations with respect action; resolution shall be automatically discharged
to preventing the importation of such goods ‘‘(C) an economic cost-benefit analysis of from the committee and placed on the appro-
into the United States. the action, including an assessment of— priate calendar.
‘‘(i) whether the action is in the national ‘‘(ii) PROHIBITION ON MOTIONS TO RECOM-
SA 1727. Mr. LEE submitted an economic interest of the United States; and MIT.—A motion to recommit a joint resolu-
amendment intended to be proposed to ‘‘(ii) the macroeconomic effects of the ac- tion of approval shall not be in order.
amendment SA 1502 proposed by Mr. tion on— ‘‘(iii) SUBSEQUENT RESOLUTIONS.—If a sub-
‘‘(I) employment in the United States; sequent joint resolution of approval relating
SCHUMER to the bill S. 1260, to establish
‘‘(II) the gross domestic product of the to the same unilateral trade action proposed
a new Directorate for Technology and in the same report submitted under sub-
Innovation in the National Science United States; and
‘‘(III) revenues and expenditures of the section (b)(1) is referred to the Committee on
Foundation, to establish a regional Federal Government; and Ways and Means or the Committee on Fi-
technology hub program, to require a ‘‘(D) a list of articles that will be affected nance after the first such resolution is re-
strategy and report on economic secu- by the action by subheading number of the ported or discharged, the subsequent resolu-
rity, science, research, innovation, Harmonized Tariff Schedule of the United tion shall not be discharged under this sub-
manufacturing, and job creation, to es- States; and paragraph.
‘‘(2) a joint resolution of approval is en- ‘‘(4) FLOOR CONSIDERATION IN SENATE.—In
tablish a critical supply chain resil- the Senate:
iency program, and for other purposes; acted pursuant to subsection (d) with respect
to the action. ‘‘(A) MOTION TO PROCEED.—
which was ordered to lie on the table; ‘‘(c) REPORT OF COMPTROLLER GENERAL.— ‘‘(i) TIMING.—A motion to proceed to a
as follows: Not later than 30 days after the submission joint resolution of approval is in order at
At the appropriate place, insert the fol- of the report required by subsection (b)(1) any time after the resolution is placed on
lowing: with respect to a proposed unilateral trade the calendar.
SEC. ll. CONGRESSIONAL REVIEW OF UNILAT- action, the Comptroller General shall submit ‘‘(ii) MOTION BY ANY SENATOR.—Any Sen-
ERAL TRADE ACTIONS. to Congress a report on the proposed action ator may move to proceed to a joint resolu-
(a) IN GENERAL.—Chapter 5 of title I of the that includes an assessment of the compli- tion of approval.
Trade Act of 1974 (19 U.S.C. 2191 et seq.) is ance of the President with the provision of ‘‘(iii) PRIVILEGE.—A motion to proceed to
amended by adding at the end the following: law specified in subsection (a)(2) pursuant to the consideration of the joint resolution of
‘‘SEC. 155. CONGRESSIONAL REVIEW OF UNILAT- which the action would be taken. approval is privileged, except that this
ERAL TRADE ACTIONS. ‘‘(d) PROCEDURES FOR JOINT RESOLUTION OF clause shall apply only to a motion to pro-
‘‘(a) UNILATERAL TRADE ACTION DEFINED.— APPROVAL.— ceed to a joint resolution of approval re-
‘‘(1) IN GENERAL.—In this section, the term ‘‘(1) JOINT RESOLUTION OF APPROVAL DE- ported or discharged from the Committee on
‘unilateral trade action’ means any of the FINED.—For purposes of this subsection, the Finance under paragraph (3) or to the first
following actions taken with respect to the term ‘joint resolution of approval’ means a joint resolution of approval placed on the
importation of an article pursuant to a pro- joint resolution of either House of Congress calendar after passage in the House of Rep-
vision of law specified in paragraph (2): that— resentatives.
‘‘(A) A prohibition on importation of the ‘‘(A) states that Congress approves an ac- ‘‘(iv) DEBATE.—Debate on a motion to pro-
article. tion proposed by the President in a report ceed to a joint resolution of approval is lim-
‘‘(B) The imposition of or an increase in a submitted under subsection (b)(1); and ited to not more than 5 hours, equally di-
duty applicable to the article. ‘‘(B) describes the action being approved by vided between Senators favoring and Sen-
‘‘(C) The imposition or tightening of a tar- Congress. ators opposing the resolution.
iff-rate quota applicable to the article. ‘‘(2) INTRODUCTION.—During the period of 45 ‘‘(v) MOTION NOT AMENDABLE.—The motion
SSpencer on DSK126QN23PROD with SENATE
‘‘(D) The imposition or tightening of a days after a House of Congress receives a re- to proceed to the joint resolution of approval
quantitative restriction on the importation port under subsection (b)(1) with respect to a is not amendable. A motion to reconsider is
of the article. unilateral trade action, a joint resolution of not in order. A motion to table is not in
‘‘(E) The suspension, withdrawal, or pre- approval may be introduced by any Member order.
vention of the application of trade agree- of that House. ‘‘(vi) OTHER MOTIONS NOT IN ORDER.—After
ment concessions with respect to the article. ‘‘(3) COMMITTEE CONSIDERATION.— a motion to proceed to a joint resolution of
‘‘(F) Any other restriction on importation ‘‘(A) REFERRAL.—A joint resolution of ap- approval is agreed to, motions to postpone or
of the article. proval introduced in the House of Represent- to consider other business are not in order.
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S3210 CONGRESSIONAL RECORD — SENATE May 20, 2021
‘‘(B) MOTIONS AND APPEALS.—All motions SA 1728. Mr. LEE submitted an rity, science, research, innovation,
and appeals relating to a joint resolution of amendment intended to be proposed to manufacturing, and job creation, to es-
approval shall be decided by the Senate with- amendment SA 1502 proposed by Mr. tablish a critical supply chain resil-
out debate.
SCHUMER to the bill S. 1260, to establish iency program, and for other purposes;
‘‘(5) CONSIDERATION IN HOUSE OF REPRESENT-
ATIVES.—In the House of Representatives, if
a new Directorate for Technology and which was ordered to lie on the table;
any committee to which a joint resolution of Innovation in the National Science as follows:
approval has been referred has not reported Foundation, to establish a regional Strike section 2201.
it to the House at the end of 10 calendar days technology hub program, to require a
after its introduction, such committee shall strategy and report on economic secu- SA 1731. Mr. LEE submitted an
be discharged from further consideration of rity, science, research, innovation, amendment intended to be proposed to
the joint resolution, and it shall be placed on manufacturing, and job creation, to es- amendment SA 1502 proposed by Mr.
the appropriate calendar. On Thursdays it tablish a critical supply chain resil- SCHUMER to the bill S. 1260, to establish
shall be in order at any time for the Speaker a new Directorate for Technology and
iency program, and for other purposes;
to recognize a Member who favors passage of Innovation in the National Science
a joint resolution that has appeared on the which was ordered to lie on the table;
as follows: Foundation, to establish a regional
calendar for at least 3 calendar days to call
In section 2201, insert after subsection (b) technology hub program, to require a
up that joint resolution for immediate con-
sideration in the House without intervention the following: strategy and report on economic secu-
of any point of order. When so called up, a (c) DIVISIVE CONCEPTS.— rity, science, research, innovation,
joint resolution shall be considered as read (1) DEFINITION.—In this subsection, the manufacturing, and job creation, to es-
and shall be debatable for 1 hour equally di- term ‘‘divisive concepts’’ means the concepts tablish a critical supply chain resil-
vided and controlled by the proponent and an that— iency program, and for other purposes;
opponent, and the previous question shall be (A) one race or sex is inherently superior which was ordered to lie on the table;
considered as ordered to its passage without to another race or sex;
(B) the United States is fundamentally rac-
as follows:
intervening motion. It shall not be in order Strike section 6121 and insert the fol-
to reconsider the vote on passage. If a vote ist or sexist;
(C) an individual, by virtue of his or her lowing:
on final passage of the joint resolution has
race or sex, is inherently racist, sexist, or SEC. 6121. SCHOOL ACCOUNTABILITY FOR STU-
not been taken on or before the close of the DENT LOANS.
10th calendar day after the resolution is re- oppressive, whether consciously or uncon-
sciously; (a) DEFAULT RATE FINE.—Section 487 of the
ported by the committee or committees to Higher Education Act of 1965 (20 U.S.C. 1094)
which it was referred, or after such com- (D) an individual should be discriminated
against or receive adverse treatment solely is amended—
mittee or committees have been discharged (1) in subsection (a), by adding at the end
from further consideration of the resolution, or partly because of his or her race or sex;
(E) members of one race or sex cannot and the following:
such vote shall be taken on that day. ‘‘(30) The institution will pay a default
‘‘(6) RECEIPT OF RESOLUTION FROM OTHER should not attempt to treat others without
respect to race or sex; rate fine that is determined pursuant to sub-
HOUSE.—If, before passing a joint resolution section (k).’’; and
of approval, one House receives from the (F) an individual’s moral character is nec-
essarily determined by his or her race or sex; (2) by adding at the end the following:
other a joint resolution of approval from the ‘‘(k) DEFAULT RATE FINE.—
other House, then— (G) an individual, by virtue of his or her
‘‘(1) IN GENERAL.—Each institution de-
‘‘(A) the joint resolution of the other race or sex, bears responsibility for actions
scribed in paragraph (2) shall pay to the Sec-
House shall not be referred to a committee committed in the past by other members of
retary an annual default rate fine in accord-
and shall be deemed to have been discharged the same race or sex;
ance with this subsection.
from committee on the day it is received; (H) any individual should feel discomfort,
‘‘(2) APPLICABLE INSTITUTIONS.—An institu-
and guilt, anguish, or any other form of psycho-
tion shall pay a default rate fine under this
‘‘(B) the procedures set forth in paragraph logical distress on account of his or her race
subsection for a fiscal year based on the co-
(4) or (5), as applicable, shall apply in the re- or sex; or
hort default rate (as defined in section
ceiving House to the joint resolution re- (I) meritocracy or traits such as a hard
435(m)) on loans made under this title for
ceived from the other House to the same ex- work ethic are racist or sexist, or were cre-
such fiscal year.
tent as such procedures apply to a joint reso- ated by a particular race to oppress another
‘‘(3) FINE.—
lution of the receiving House. race.
‘‘(A) IN GENERAL.—Each institution de-
‘‘(7) RULES OF HOUSE OF REPRESENTATIVES (2) PROHIBITION.—In carrying out this Act
scribed in paragraph (2) shall pay a default
AND SENATE.—This subsection is enacted by or any duties for the National Science Foun-
rate fine for a fiscal year that is equal to 10
Congress— dation, the Chief Diversity Officer shall not
percent of the applicable amount determined
‘‘(A) as an exercise of the rulemaking use, teach, promote, or recommend any divi-
under subparagraph (B)(i) for such fiscal
power of the House of Representatives and sive concepts.
year.
the Senate, respectively, and as such is ‘‘(B) APPLICABLE AMOUNT.—
deemed a part of the rules of each House, re- SA 1729. Mr. LEE submitted an
‘‘(i) IN GENERAL.—The applicable amount
spectively, and the rules provided for in this amendment intended to be proposed to
for a fiscal year with respect to an institu-
section supersede other rules only to the ex- amendment SA 1502 proposed by Mr. tion shall be an amount equal to the product
tent that they are inconsistent with such SCHUMER to the bill S. 1260, to establish of the amount of loans made under this title
other rules; and a new Directorate for Technology and for such fiscal year, and the applicable rate
‘‘(B) with the full recognition of the con- Innovation in the National Science determined in clause (ii). If the applicable
stitutional right of either House to change Foundation, to establish a regional rate is equal to or less than zero percent
the rules provided for in this section (so far technology hub program, to require a then the applicable amount shall be equal to
as relating to the procedures of that House) zero.
strategy and report on economic secu-
at any time, in the same manner, and to the ‘‘(ii) APPLICABLE RATE.—The applicable
same extent as any other rule of that House. rity, science, research, innovation,
rate for a fiscal year with respect to an insti-
manufacturing, and job creation, to es-
‘‘(e) REPORT BY THE UNITED STATES INTER- tution shall be the rate that is equal to the
NATIONAL TRADE COMMISSION.—Not later tablish a critical supply chain resil- difference between the cohort default rate on
than 12 months after the date of a unilateral iency program, and for other purposes; loans made under this title (as defined in
trade action taken pursuant to this section, which was ordered to lie on the table; section 435(m)) for such fiscal year and the
the United States International Trade Com- as follows: average rate of total unemployment in the
mission shall submit to Congress a report on In section 2201, strike paragraph (6) of sub- United States for the 3-year period covered
the effects of the action on the United States section (b) and all that follows through sub- by that cohort default rate (as defined in sec-
economy, including a comprehensive assess- section (c). tion 435(m)), as determined by the Secretary
ment of the economic effects of the action on of Labor.
producers and consumers in the United SA 1730. Mr. LEE submitted an ‘‘(4) CREDIT FOR CERTAIN INSTITUTIONS.—
States.’’. amendment intended to be proposed to Each institution that is described in para-
SSpencer on DSK126QN23PROD with SENATE
(b) CLERICAL AMENDMENT.—The table of amendment SA 1502 proposed by Mr. graph (2) shall receive a $400 credit for the
contents for the Trade Act of 1974 is amended SCHUMER to the bill S. 1260, to establish fiscal year for each graduate of the institu-
by inserting after the item relating to sec- tion during such fiscal year who received a
a new Directorate for Technology and
tion 154 the following: Federal Pell Grant while enrolled at the in-
Innovation in the National Science stitution.
Foundation, to establish a regional ‘‘(5) FLEXIBILITY IN COUNSEL AND ADVICE.—
‘‘Sec. 155. Congressional review of unilateral technology hub program, to require a Notwithstanding any other provision of the
trade actions.’’. strategy and report on economic secu- Act, the Secretary shall grant institutions of
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3211
higher education flexibility under this Act to On page 1367, lines 12 and 13, strike ‘‘stu- amendment SA 1502 proposed by Mr.
counsel and advise students on Federal fi- dents facing systemic barriers’’ and insert SCHUMER to the bill S. 1260, to establish
nancial aid, including granting flexibility for ‘‘covered students’’. a new Directorate for Technology and
institutions to award less than the max- On page 1367, line 29, by striking ‘‘elemen-
tary schools and’’.
Innovation in the National Science
imum amount of Federal student aid for
which an individual is eligible if the cost of On page 1368, lines 8 and 9, strike ‘‘students Foundation, to establish a regional
tuition, room, and board at the institution is facing systemic barriers’’ and insert ‘‘cov- technology hub program, to require a
less than such maximum amount.’’. ered students’’. strategy and report on economic secu-
(b) FLEXIBILITY IN COUNSELING AND AD- On page 1369, strike lines 18 through 20 and rity, science, research, innovation,
VICE.—Section 485(l) of the Higher Education insert ‘‘students in secondary schools.’’. manufacturing, and job creation, to es-
Act of 1965 (20 U.S.C. 1092(l)) is amended by On page 1371, line 7, strike ‘‘elementary tablish a critical supply chain resil-
adding at the end the following: schools and’’.
On page 1371, lines 12 and 13, strike ‘‘ele- iency program, and for other purposes;
‘‘(3) FLEXIBILITY IN COUNSELING AND AD- which was ordered to lie on the table;
VICE.—In addition to the entrance counseling mentary schools and’’.
under paragraph (1), an eligible institution On page 1371, line 17, strike ‘‘elementary as follows:
may require any borrower, at or prior to the schools and’’. At the end of section 2206, insert the fol-
time of a disbursement to the borrower of a On page 1371, lines 24 and 25, strike ‘‘ele- lowing:
mentary schools and’’. (e) TERMINATION.—The authority provided
loan made under part D, to receive the infor-
On page 1372, line 5, strike ‘‘elementary by subsections (a) through (d) terminates on
mation described in paragraph (2) with re-
schools and’’. the day that is 5 years after the date of en-
spect to such loan, or any other financial
On page 1373, lines 2 and 3, strike ‘‘elemen- actment of this Act.
counseling, including financial literacy
tary school and’’.
counseling.’’. On page 1373, lines 3 and 4, strike ‘‘elemen- SA 1735. Mr. LEE submitted an
tary school and secondary school students amendment intended to be proposed to
SA 1732. Mr. LEE submitted an facing systemic barriers’’ and insert ‘‘cov-
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
ered students’’. SCHUMER to the bill S. 1260, to establish
amendment SA 1502 proposed by Mr. On page 1374, lines 4 and 5, strike ‘‘students
SCHUMER to the bill S. 1260, to establish a new Directorate for Technology and
facing systemic barriers’’ and insert ‘‘cov-
ered students’’. Innovation in the National Science
a new Directorate for Technology and
On page 1374, lines 18 and 19, strike ‘‘stu- Foundation, to establish a regional
Innovation in the National Science
dents facing systemic barriers’’ and insert technology hub program, to require a
Foundation, to establish a regional
‘‘covered students’’. strategy and report on economic secu-
technology hub program, to require a On page 1375, lines 9 and 10, strike ‘‘stu- rity, science, research, innovation,
strategy and report on economic secu- dents facing systemic barriers’’ and insert manufacturing, and job creation, to es-
rity, science, research, innovation, ‘‘covered students’’.
tablish a critical supply chain resil-
manufacturing, and job creation, to es- On page 1375, line 12, strike ‘‘elementary
schools and’’. iency program, and for other purposes;
tablish a critical supply chain resil-
On page 1375, line 18, strike ‘‘elementary which was ordered to lie on the table;
iency program, and for other purposes;
schools and’’. as follows:
which was ordered to lie on the table; On page 1375, line 20, strike ‘‘elementary At the end of part II of subtitle C of title
as follows: schools and’’. II of division C, add the following:
On page 1355, lines 21 and 22, strike ‘‘ELE- On page 1376, lines 5 and 6, strike ‘‘students SEC. 3260. LIMITATION ON CONTRIBUTIONS TO
MENTARY AND’’. facing systemic barriers’’ and insert ‘‘cov- NATO RELATED TO COUNTERING
On page 1356, lines 1 and 2, strike ‘‘elemen- ered students’’. CHINA.
tary schools and’’. On page 1376, lines 9 and 10, by striking ‘‘el- No United States contributions shall be
On page 1356, lines 3 and 4, strike ‘‘students ementary schools and’’. made available for North Atlantic Treaty Or-
facing systemic barriers’’ and insert ‘‘cov- On page 1378, lines 18 and 19, by striking ganization (NATO) obligations or activities
ered students’’. ‘‘elementary school and’’. related to countering the People’s Republic
On page 1356, lines 7 and 8, strike ‘‘elemen- On page 1380, line 10, strike ‘‘students fac- of China until such time as—
tary school’’. ing systemic barriers’’ and insert ‘‘covered (1) the North Atlantic Treaty is updated to
On page 1358, strike lines 6 through 21 and students’’. reflect the addition of a China mission; and
insert the following: On page 1380, strike lines 18 through 20 and (2) all NATO member countries have met
(5) COVERED STUDENT.—The term ‘‘covered insert ‘‘secondary school students.’’. the mandatory defense spending require-
student’’ means an individual who is— On page 1381, line 12, strike ‘‘elementary ments.
(A) enrolled in a secondary school; and school and’’.
(B) undergoing instruction with goals of On page 1381, lines 19 and 20, strike ‘‘stu- SA 1736. Mr. LEE submitted an
acquiring and developing professional knowl- dents facing systemic barriers’’ and insert amendment intended to be proposed to
edge and achieving employment in a STEM ‘‘covered students’’.
On page 1382, lines 11 and 12, strike ‘‘stu- amendment SA 1502 proposed by Mr.
field.
On page 1359, lines 10 and 11, strike ‘‘ele- dents facing systemic barriers’’ and insert SCHUMER to the bill S. 1260, to establish
mentary and’’. ‘‘covered students’’. a new Directorate for Technology and
On page 1359, lines 11 and 12, strike ‘‘stu- On page 1382, lines 18 and 19, strike ‘‘stu- Innovation in the National Science
dents facing systemic barriers’’ and insert dents facing systemic barriers’’ and insert Foundation, to establish a regional
‘‘covered students’’. ‘‘covered students’’. technology hub program, to require a
On page 1361, lines 8 and 9, strike ‘‘students On page 1382, strike lines 22 through 24 and
strategy and report on economic secu-
facing systemic barriers’’ and insert ‘‘cov- insert ‘‘secondary school students.’’.
rity, science, research, innovation,
ered students’’.
On page 1361, line 20, strike ‘‘students fac- SA 1733. Mr. LEE submitted an manufacturing, and job creation, to es-
ing systemic barriers’’ and insert ‘‘covered amendment intended to be proposed to tablish a critical supply chain resil-
students’’. amendment SA 1502 proposed by Mr. iency program, and for other purposes;
On page 1362, lines 1 and 2, strike ‘‘students SCHUMER to the bill S. 1260, to establish which was ordered to lie on the table;
facing systemic barriers’’ and insert ‘‘cov- a new Directorate for Technology and as follows:
ered students’’. Innovation in the National Science At the appropriate place in division C, in-
On page 1363, lines 6 and 7, strike ‘‘students sert the following:
facing systemic barriers’’ and insert ‘‘cov- Foundation, to establish a regional SEC. 32ll. AVAILABILITY OF UNITED STATES
ered students’’. technology hub program, to require a DEFENSE ARTICLES AND SERVICES
On page 1363, strike lines 10 through 12 and strategy and report on economic secu- TO TAIWAN.
insert ‘‘computational thinking skills in sec- rity, science, research, innovation, Section 3(a) of the Taiwan Relations Act
ondary education.’’. manufacturing, and job creation, to es- (22 U.S.C. 3302(a)) is amended by striking
On page 1365, line 22, strike ‘‘elementary tablish a critical supply chain resil- ‘‘the United States will make available to
school and’’. Taiwan such defense articles and defense
SSpencer on DSK126QN23PROD with SENATE
iency program, and for other purposes; services in such quantity as may be nec-
On page 1366, lines 11 and 12, strike ‘‘stu-
dents facing systemic barriers’’ and insert
which was ordered to lie on the table; essary to enable Taiwan to maintain a suffi-
‘‘covered students’’. as follows: cient self-defense capability’’ and inserting
On page 1366, lines 22 and 23, strike ‘‘stu- In section 2208(e), strike ‘‘and provides the ‘‘the United States shall make available to
dents facing systemic barriers’’ and insert student with an additional stipend’’. Taiwan such defense articles and defense
‘‘covered students’’. services in such quantity as may be nec-
On page 1366, line 24, strike ‘‘elementary SA 1734. Mr. LEE submitted an essary to enable Taiwan to maintain a com-
school and’’. amendment intended to be proposed to petitive self-defense capability’’.
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S3212 CONGRESSIONAL RECORD — SENATE May 20, 2021
SA 1737. Mr. LEE submitted an tive departments at the level of GS–14 or and appropriate measures with respect to
amendment intended to be proposed to higher, liaisons between the Office and the technology transfers;
amendment SA 1502 proposed by Mr. Department of Commerce or the Department (7) coordinating policies, in coordination
of the Treasury, as applicable, to perform with the Department of Commerce, around
SCHUMER to the bill S. 1260, to establish the following duties: the resiliency of supply chains in critical
a new Directorate for Technology and (1) Collaborate with the Department of technology areas, including possible diver-
Innovation in the National Science State on relevant technology initiatives and sification of supply chain components to
Foundation, to establish a regional partnerships. countries involved in technology partner-
technology hub program, to require a (2) Provide technical and other relevant ships with the United States, while also
strategy and report on economic secu- expertise to the Office, as appropriate. maintaining transparency surrounding sub-
(d) MEMBERSHIP.—In addition to the liai- sidies and product origins;
rity, science, research, innovation, sons referred to in subsection (c), the Office
manufacturing, and job creation, to es- (8) sharing information regarding the tech-
shall include a representative or expert nology transfer threat posed by authori-
tablish a critical supply chain resil- detailee from key Federal agencies, as deter- tarian governments and the ways in which
iency program, and for other purposes; mined by the Secretary of State. autocratic regimes are utilizing technology
which was ordered to lie on the table; (e) PURPOSES.—The purposes of the Office
to erode individual freedoms and other foun-
as follows: shall include responsibilities such as—
dations of open, democratic societies;
(1) creating, overseeing, and carrying out
At the end of part II of subtitle C of title (9) administering the establishment of—
technology partnerships with countries and
II of division C, add the following: (A) the common funding mechanism for de-
relevant political and economic unions that
SEC. 3260. MANDATORY REVIEW OF CONTINUED velopment and adoption of measurably se-
are committed to—
NATO PARTICIPATION IN EVENT cure semiconductors and measurably secure
STANDING EUROPEAN ARMY IS ES- (A) the rule of law, freedom of speech, and
respect for human rights; semiconductors supply chains created in and
TABLISHED. in accordance with the requirements of sec-
Not later than 90 days after determining (B) the safe and responsible development
and use of new and emerging technologies tion 9905 of the William M. (Mac) Thornberry
that the European Union has established a National Defense Authorization Act for Fis-
standing European Army, the President and the establishment of related norms and
standards; cal Year 2021 (Public Law 116–283); and
shall, in conjunction with the Secretary of (B) the multilateral telecommunications
Defense and the Secretary of State, conduct (C) a secure internet architecture governed
by a multi-stakeholder model instead of cen- security fund created in and in accordance
a review of the benefits, risks, and costs of with the requirements of section 9202 of such
continued United States participation in the tralized government control;
(D) robust international cooperation to Act; and
North Atlantic Treaty Organization (NATO). (10) collaborating with private companies,
promote an open internet and interoperable
technological products and services that are trade associations, and think tanks to real-
SA 1738. Mr. LEE submitted an ize the purposes of paragraphs (1) through
amendment intended to be proposed to necessary to freedom, innovation, trans-
parency, and privacy; and (9).
amendment SA 1502 proposed by Mr. (E) multilateral coordination, including (f) REPORT.—Not later than one year after
SCHUMER to the bill S. 1260, to establish through diplomatic initiatives, information the date of the enactment of this Act, and
a new Directorate for Technology and sharing, and other activities, to defend the annually thereafter for the next 3 years, the
Innovation in the National Science principles described in subparagraphs (A) Secretary of State, in coordination with the
Director for National Intelligence, shall sub-
Foundation, to establish a regional through (D) against efforts by state and non-
mit an unclassified report to the appropriate
technology hub program, to require a state actors to undermine them;
congressional committees, with a classified
strategy and report on economic secu- (2) harmonizing technology governance re-
index, if necessary, regarding—
gimes with partners, coordinating on basic
rity, science, research, innovation, (1) the activities of the Office, including
and pre-competitive research and develop-
manufacturing, and job creation, to es- any cooperative initiatives and partnerships
ment initiatives, and collaborating to pursue
tablish a critical supply chain resil- pursued with United States allies and part-
such opportunities in key technologies, in-
iency program, and for other purposes; ners, and the results of those activities, ini-
cluding—
tiatives, and partnerships; and
which was ordered to lie on the table; (A) artificial intelligence and machine
(2) the activities of the Government of the
as follows: learning;
Peoples’ Republic of China, the Chinese Com-
At the appropriate place in subtitle A of (B) 5G telecommunications and other ad-
munist Party, and the Russian Federation in
title II of division C, insert the following: vanced wireless networking technologies;
key technology sectors and the threats they
SEC. 32ll. REQUIREMENT FOR AN AUTHORIZA- (C) semiconductor manufacturing;
pose to the United States, including—
TION FOR USE OF MILITARY FORCE. (D) biotechnology;
(A) artificial intelligence and machine
The President may only introduce mem- (E) quantum computing;
learning;
bers of the Armed Forces into hostilities in (F) surveillance technologies, including fa-
(B) 5G telecommunications and other ad-
or on behalf of Taiwan— cial recognition technologies and censorship
vanced wireless networking technologies;
(1) if Congress has enacted an authoriza- software; and
(C) semiconductor manufacturing;
tion for the use of military force for such (G) fiber optic cables;
(D) biotechnology;
purpose; or (3) coordinating with such countries re-
(E) quantum computing;
(2) for not more than 30 days to repel a sud- garding shared technology strategies, includ-
(F) surveillance technologies, including fa-
den attack, or the concrete, specific, and im- ing technology controls and standards, as
cial recognition technologies and censorship
mediate threat of such a sudden attack, upon well as strategies with respect to the devel-
software; and
the United States, its territories, or posses- opment and acquisition of key technologies
(G) fiber optic cables.
sions, its armed forces, or other United to provide alternatives for those countries (g) SENSE OF CONGRESS ON ESTABLISHING
States citizens overseas. utilizing systems supported by authoritarian INTERNATIONAL TECHNOLOGY PARTNERSHIP.—
regimes; It is the sense of Congress that the Secretary
SA 1739. Mr. LEE submitted an (4) coordinating the adoption of shared of State should seek to establish an Inter-
amendment intended to be proposed to data privacy, data sharing, and data national Technology Partnership for the pur-
amendment SA 1502 proposed by Mr. archiving standards among the United poses described in this section with foreign
States and partner countries and relevant countries that have—
SCHUMER to the bill S. 1260, to establish economic and political unions, including
a new Directorate for Technology and (1) a democratic national government and
complementary data protection regulations; a strong commitment to democratic values,
Innovation in the National Science (5) coordinating with other technology including an adherence to the rule of law,
Foundation, to establish a regional partners on export control policies, including freedom of speech, and respect for and pro-
technology hub program, to require a as appropriate through the Wassenaar Ar- motion of human rights;
strategy and report on economic secu- rangement On Export Controls for Conven- (2) an economy with advanced technology
rity, science, research, innovation, tional Arms and Dual-Use Goods and Tech- sectors; and
manufacturing, and job creation, to es- nologies, done at The Hague December 1995, (3) a demonstrated record of trust or an ex-
the Nuclear Suppliers Group, the Australia pressed interest in international cooperation
tablish a critical supply chain resil- Group, and the Missile Technology Control
SSpencer on DSK126QN23PROD with SENATE
iency program, and for other purposes; and coordination with the United States on
Regime; supply chain security; and invest- important defense and intelligence issues.
which was ordered to lie on the table; ment in or licensing of critical infrastruc- (h) CONTRIBUTION REQUIREMENT.—Any
as follows: ture and dual-use technologies; agreement formed with one or more coun-
In section 3209, strike subsections (c) (6) coordinating with members of tech- tries on a bilateral or multilateral basis
through (h) and insert the following: nology partnerships on other policies regard- under this section shall require, at min-
(c) OFFICE LIAISONS.—The Secretary of ing the use and control of emerging and imum, that the other country or countries
Commerce and the Secretary of the Treasury foundational technologies through appro- collectively share at least 50 percent of the
shall each appoint, from within their respec- priate restrictions, investment screening, costs associated with the partnership.
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3213
(i) TREATY REQUIREMENT.—Any agreement ply chain resiliency program, and for (3) USE OF FUNDS.—A recipient of a grant
to form a partnership under this section other purposes; which was ordered to under this subsection may use such grant
shall be formalized as a treaty subject to the lie on the table; as follows: funds to—
advice and consent of the Senate. (A) with respect to manufacturing an es-
At the appropriate place, insert the fol-
sential generic antibiotic drug—
lowing:
(i) expand, upgrade, or recommission an
SEC. lll. PATENTS.
SA 1740. Mr. LEAHY (for himself and existing manufacturing facility located in
(a) IN GENERAL.—Chapter 30 of title 35,
Mr. TILLIS) submitted an amendment the United States; or
United States Code, is amended—
intended to be proposed by him to the (ii) construct a new manufacturing facility
(1) in section 302, in the first sentence, by
bill S. 1260, to establish a new Direc- in the United States; and
inserting ‘‘or on the basis of credible evi-
torate for Technology and Innovation dence that any such claim was obtained (B) manufacture essential generic anti-
biotic drugs using advanced manufacturing
in the National Science Foundation, to through fraud’’ after ‘‘section 301’’;
(2) in section 303— techniques.
establish a regional technology hub (b) USE OF FUNDS TO PURCHASE ESSENTIAL
program, to require a strategy and re- (A) in subsection (a)—
GENERIC ANTIBIOTIC DRUGS FOR STOCK-
(i) in the first sentence, by inserting ‘‘or
port on economic security, science, re- PILING.—The Secretary may use amounts ap-
enforceability’’ after ‘‘patentability’’; and
search, innovation, manufacturing, and (ii) in the second sentence, by inserting ‘‘,
propriated under this section to purchase,
job creation, to establish a critical sup- or a substantial new question of enforce- store, stockpile, or disposition essential ge-
ply chain resiliency program, and for ability is raised by credible evidence of neric antibiotic drugs manufactured in the
other purposes; which was ordered to fraud,’’ after ‘‘patents and publications’’; and United States.
(c) DEFINITIONS.—For purposes of this sec-
lie on the table; as follows: (B) in subsection (c), in the first sentence,
tion:
At the appropriate place, insert the fol- by inserting ‘‘or enforceability’’ after ‘‘pat-
(1) ACTIVE PHARMACEUTICAL INGREDIENT.—
lowing: entability’’;
(3) in section 304, in the first sentence, by The term ‘‘active pharmaceutical ingre-
SEC. lll. OWNERSHIP AND ASSIGNMENT OF dient’’ has the meaning given such term in
PATENTS. inserting ‘‘or enforceability’’ after ‘‘patent-
ability’’; and section 744A of the Federal Food, Drug, and
Section 261 of title 35, United States Code, Cosmetic Act (21 U.S.C. 379j–41).
is amended— (4) in section 307—
(A) in the section heading, by inserting (2) ADVANCED MANUFACTURING.—The term
(1) by striking the first undesignated para- ‘‘advanced manufacturing’’ means an ap-
graph and inserting the following: ‘‘unenforceability,’’ after ‘‘unpatentability,’’;
and proach for the manufacturing of drugs that
‘‘(a) IN GENERAL.— incorporates novel technology, or uses an es-
‘‘(1) ATTRIBUTES OF PERSONAL PROPERTY.— (B) in subsection (a), by inserting ‘‘or un-
enforceable’’ after ‘‘unpatentable’’. tablished technique or technology in a new
Subject to the provisions of this title, pat- or innovative way, that enhances drug prod-
ents shall have the attributes of personal (b) TECHNICAL AND CONFORMING AMEND-
MENT.—The table of sections for chapter 30 of uct quality or improves the manufacturing
property. process.
‘‘(2) REGISTER OF INTERESTS.—The Patent title 35, United States Code, is amended by
striking the item relating to section 307 and (3) ESSENTIAL GENERIC ANTIBIOTIC DRUG.—
and Trademark Office shall— The term ‘‘essential generic antibiotic drug’’
inserting the following:
‘‘(A) maintain a register of interests in means an antibacterial or antifungal drug
patents and applications for patents; ‘‘307. Certificate of patentability,
unpatentability, unenforce- approved by the Food and Drug Administra-
‘‘(B) record any document related thereto tion under section 505(j) of the Federal Food,
upon request; ability, and claim cancella-
tion.’’. Drug, and Cosmetic Act (21 U.S.C. 355(j)) that
‘‘(C) not later than 90 days after the date the Secretary determines to be medically
on which a patent, or any interest in a pat- necessary to have available at all times in an
ent of not less than 10 percent (in the aggre-
SA 1742. Ms. SMITH (for herself and
Mr. CASSIDY) submitted an amendment amount adequate to serve patient needs, in-
gate), is assigned to any foreign entity or cluding beta-lactams (including penicillin
person, require the recording of that assign- intended to be proposed by her to the
bill S. 1260, to establish a new Direc- and cephalosporin derivatives) and non-beta
ment; and lactams (including tetracycline and
‘‘(D) maintain a publicly accessible data- torate for Technology and Innovation aminoglycoside derivatives).
base that is digitally searchable by fields in the National Science Foundation, to (4) SECRETARY.—The term ‘‘Secretary’’
based on patent number, assignee, assignor, establish a regional technology hub means the Secretary of Health and Human
assignment date, and other criteria estab- program, to require a strategy and re- Services.
lished by the Office. port on economic security, science, re- (5) UNITED STATES.—The term ‘‘United
‘‘(3) EFFECT OF FAILURE TO COMPLY.—No search, innovation, manufacturing, and States’’ means the 50 States, the District of
party may recover, for infringement of a pat- Columbia, territories, and Tribal lands.
ent in any litigation, any monetary damages
job creation, to establish a critical sup-
ply chain resiliency program, and for (d) FUNDING.—For purposes of carrying out
for any period in which ownership with re- this section (other than subsection (e)), there
spect to the patent is not properly recorded other purposes; which was ordered to
is appropriated, out of amounts in the Treas-
in accordance with the requirements of this lie on the table; as follows:
ury not otherwise appropriated, $500,000,000
subsection.’’; At the appropriate place in title I of divi- for fiscal year 2021, to remain available
(2) in the first undesignated paragraph fol- sion F, insert the following: through September 30, 2023.
lowing subsection (a), as so designated by SEC. 61ll. ESSENTIAL GENERIC ANTIBIOTIC (e) STUDY AND REPORT.—
paragraph (1) of this section, by striking PROGRAM.
(1) IN GENERAL.—The Secretary shall enter
‘‘Applications’’ and inserting the following: (a) GRANT PROGRAM.— into a contract with an entity under which
‘‘(b) APPLICATIONS.—Applications’’; (1) ESTABLISHMENT.—Not later than 60 days such entity carries out a study on the manu-
(3) in the first undesignated paragraph fol- after the date of enactment of this Act, the facture of essential generic antibiotic drugs
lowing subsection (b), as so designated by Secretary shall establish a program to pro- and issues a report that includes—
paragraph (2) of this section, by striking ‘‘A vide grants to manufacturers of essential ge-
(A) recommendations about which anti-
certificate’’ and inserting the following: neric antibiotic drugs, or the active pharma-
biotics the Secretary should prioritize for
‘‘(c) CERTIFICATE OF ACKNOWLEDGMENT.—A ceutical ingredient or articles used as com-
purposes of the program under subsection
certificate’’; and ponents of such drug, to support activities
(a), based on factors that include necessity of
(4) in the first undesignated paragraph fol- described in paragraph (3).
use, vulnerability to foreign supply chain
lowing subsection (c), as so designated by (2) ELIGIBLE ENTITIES.—The Secretary shall
disruptions, and availability of alternatives;
paragraph (3) of this section, by striking ‘‘An award grants under this subsection to not
and
interest’’ and inserting the following: more than 3 manufacturers of an essential
(B) the expected effect of increased domes-
‘‘(d) EFFECT OF ASSIGNMENT.—An interest’’. generic antibiotic drug. Each such recipient
tic manufacturing of drugs on drug costs to
shall be a manufacturer that—
SA 1741. Mr. LEAHY (for himself and consumers.
(A) has implemented and maintains an ef-
Mr. TILLIS) submitted an amendment (2) AUTHORIZATION.—To carry out this sub-
fective quality management system, under
section, there is authorized to be appro-
intended to be proposed by him to the parts 210 and 211 of title 21, Code of Federal
priated $2,000,000 for fiscal year 2021, to re-
bill S. 1260, to establish a new Direc- Regulations (or any successor regulations);
SSpencer on DSK126QN23PROD with SENATE
main available until September 30, 2022.
torate for Technology and Innovation (B) has a strong record of compliance with
in the National Science Foundation, to the requirements of the Federal Food, Drug, SA 1743. Mr. PADILLA submitted an
and Cosmetic Act (21 U.S.C. 301 et seq.);
establish a regional technology hub amendment intended to be proposed to
(C) commits to using advanced manufac-
program, to require a strategy and re- turing in its domestic manufacturing oper- amendment SA 1502 proposed by Mr.
port on economic security, science, re- ations; and SCHUMER to the bill S. 1260, to establish
search, innovation, manufacturing, and (D) has existing manufacturing facilities a new Directorate for Technology and
job creation, to establish a critical sup- and operations in the United States. Innovation in the National Science
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S3214 CONGRESSIONAL RECORD — SENATE May 20, 2021
Foundation, to establish a regional ‘‘(I) AMOUNT OF EXCLUSION.—The amount 638(mm)(6)) is amended by striking ‘‘para-
technology hub program, to require a excluded under clause (i) for a company shall graph (2)(A) and any use of the waiver au-
strategy and report on economic secu- not exceed 33 percent of the private capital thority under paragraph (2)(B)’’ and insert-
of that company. ing ‘‘paragraph (2)’’.
rity, science, research, innovation, ---
‘‘(II) MAXIMUM INVESTMENT.—A company
manufacturing, and job creation, to es- shall not make an investment in any 1 SBIR SA 1744. Mrs. SHAHEEN (for herself,
tablish a critical supply chain resil- or STTR participant in an amount equal to Mr. MORAN, Mr. ROUNDS, and Ms. HAS-
iency program, and for other purposes; more than 20 percent of the private capital of SAN) submitted an amendment in-
which was ordered to lie on the table; that company. tended to be proposed to amendment
as follows: ‘‘(III) OTHER TERMS.—The exclusion of SA 1502 proposed by Mr. SCHUMER to
At the appropriate place, insert the fol- amounts under clause (i) shall be subject to the bill S. 1260, to establish a new Di-
lowing: such terms as the Administrator may impose rectorate for Technology and Innova-
SEC. ll. MODIFICATIONS TO SBIR AND STTR
to ensure that there is no cost with respect
to purchasing or guaranteeing any debenture
tion in the National Science Founda-
PROGRAMS. tion, to establish a regional technology
(b) INCLUSION OF TESTING AND EVALUATION involved.’’.
(e) ENCOURAGING PARTICIPATION IN THE hub program, to require a strategy and
IN THE DEFINITION OF RESEARCH AND DEVEL-
MENTOR-PROTEGE PROGRAM.—Section 9 of the report on economic security, science,
OPMENT.—Section 9(e)(5) of the Small Busi-
ness Act (15 U.S.C. 638(e)(5)) is amended to
Small Business Act (15 U.S.C. 638) is amend- research, innovation, manufacturing,
ed by adding at the end the following: and job creation, to establish a critical
read as follows: ‘‘(vv) ENCOURAGING PARTICIPATION IN THE
‘‘(5) the term ‘research’ or ‘research and supply chain resiliency program, and
MENTOR-PROTEGE PROGRAM.—The Adminis-
development’ means— trator shall provide an increase to the past
for other purposes; which was ordered
‘‘(A) any activity which is— performance rating of any small business to lie on the table; as follows:
‘‘(i) a systematic, intensive study directed concern that has participated in the SBIR or At the appropriate place, insert the fol-
toward greater knowledge or understanding STTR program that serves as a mentor lowing:
of the subject studied; under section 45 to a small business concern SEC. ll.REQUIREMENTS TO BUY CERTAIN
‘‘(ii) a systematic study directed specifi- that seeks to participate in the SBIR or ITEMS RELATED TO NATIONAL SE-
cally toward applying new knowledge to CURITY INTERESTS ACCORDING TO
STTR program.’’.
meet a recognized need; or CERTAIN CRITERIA.
(f) ANNUAL MEETING FOR FEDERAL AGEN-
‘‘(iii) a systematic application of knowl- CIES WITH A SBIR OR STTR PROGRAM.—
(a) IN GENERAL.—Subtitle D of title VIII of
edge toward the production of useful mate- (1) IN GENERAL.—Section 9 of the Small the Homeland Security Act of 2002 (6 U.S.C.
rials, devices, and systems or methods, in- 391 et seq.) is amended by adding at the end
Business Act (15 U.S.C. 638), as amended by
cluding design, development, and improve- the following:
subsection (e), is amended by adding at the
ment of prototypes and new processes to ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN
end the following: ITEMS RELATED TO NATIONAL SE-
meet specific requirements; and ‘‘(ww) ANNUAL MEETING.— CURITY INTERESTS.
‘‘(B) any testing or evaluation in connec- ‘‘(1) IN GENERAL.—The head of each Federal ‘‘(a) DEFINITIONS.—In this section:
tion with such an activity;’’. agency required to have a program under ‘‘(1) COVERED ITEM.—The term ‘covered
(c) INCLUSION OF SMALL BUSINESS INVEST- this section (or a designee) and the Adminis- item’ means any of the following:
MENT COMPANIES IN SBIR AND STTR.—Sec- trator (or a designee) shall meet annually to ‘‘(A) Body armor components intended to
tion 9 of the Small Business Act (15 U.S.C. discuss methods— provide ballistic protection for an individual,
638) is amended— ‘‘(A) to improve the collection of data consisting of 1 or more of the following:
(1) by striking ‘‘or private equity firm in- under this section; ‘‘(i) Soft ballistic panels.
vestment’’ each place that term appears and ‘‘(B) to improve the reporting of data to ‘‘(ii) Hard ballistic plates.
inserting ‘‘private equity firm, or SBIC in- the Administrator under this section; ‘‘(iii) Concealed armor carriers worn under
vestment’’; ‘‘(C) to make the application processes for a uniform.
(2) by striking ‘‘or private equity firms’’ programs under this section more efficient; ‘‘(iv) External armor carriers worn over a
each place that term appears and inserting and uniform.
‘‘private equity firms, or SBICs’’; ‘‘(D) to increase participation in the pro- ‘‘(B) Helmets that provide ballistic protec-
(3) in subsection (e)— grams under this section. tion and other head protection and compo-
(A) in paragraph (13)(B), by striking ‘‘and’’ ‘‘(2) REPORTING.—Not later than 60 days nents.
at the end; after the date on which an annual meeting ‘‘(C) Protective eyewear.
(B) in paragraph (14), by striking the pe- required under paragraph (1) is held, the Ad- ‘‘(D) Rain gear, cold weather gear, other
riod at the end and inserting ‘‘; and’’; and ministrator shall submit to the Committee environmental and flame-resistant clothing.
(C) by adding at the end the following: on Small Business and Entrepreneurship of ‘‘(E) Footwear provided as part of a uni-
‘‘(15) the term ‘SBIC’ means a small busi- the Senate and the Committee on Small form.
ness investment company as defined in sec- Business and the Committee on Science, ‘‘(F) Uniforms.
tion 103 of the Small Business Investment Space, and Technology of the House of Rep- ‘‘(G) Bags and packs.
Act of 1958 (15 U.S.C. 662).’’; and resentatives a report on the findings of the ‘‘(H) Holsters and tactical pouches.
(4) in the heading for subsection (dd), by meeting and recommendations on how to im- ‘‘(I) Patches, insignia, and embellishments.
striking ‘‘OR PRIVATE EQUITY FIRMS’’ and in- plement changes to programs under this sec- ‘‘(J) Respiratory protective masks.
serting ‘‘PRIVATE EQUITY FIRMS, OR SBICS’’. tion.’’. ‘‘(K) Chemical, biological, radiological, and
(d) CALCULATION OF LEVERAGE OF SMALL (2) FUNDING FOR ANNUAL MEETING.—Section nuclear protective gear.
BUSINESS INVESTMENT COMPANIES THAT IN- 9(mm)(1) of the Small Business Act (15 U.S.C. ‘‘(L) Hearing protection equipment.
VEST IN SBIR OR STTR PARTICIPANTS.—Sec- 638(mm)(1)) is amended— ‘‘(M) Powered air purifying respirators and
tion 303(b)(2) of the Small Business Invest- (A) in subparagraph (J), by striking the required filters.
ment Act of 1958 (15 U.S.C. 683(b)(2)) is ‘‘and’’ at the end; ‘‘(N) Disposable and reusable surgical and
amended by adding at the end the following: (B) in subparagraph (K), by striking the pe- isolation gowns.
‘‘(E) INVESTMENTS IN SBIR AND STTR PAR- riod at the end and inserting ‘‘; and’’; and ‘‘(O) Gloves.
TICIPANTS.— (C) by adding at the end the following: ‘‘(P) Face shields.
‘‘(i) DEFINITIONS.—In this subparagraph— ‘‘(L) the annual meeting required under ‘‘(Q) Head and foot coverings.
‘‘(I) the term ‘cost’ has the meaning given subsection (ww).’’. ‘‘(R) Sanitizing and disinfecting wipes.
the term in section 502 of the Federal Credit (g) INCREASING PARTICIPATION OF UNDER- ‘‘(S) Privacy curtains.
Reform Act of 1990 (2 U.S.C. 661a); and SERVED POPULATIONS IN THE SBIR AND STTR ‘‘(T) Beds and bedding.
‘‘(II) the term ‘SBIR or STTR participant’ PROGRAMS.— ‘‘(U) Testing swabs.
means a small business concern that receives (1) IN GENERAL.—Section 9(mm)(2) of the ‘‘(V) Gauze and bandages.
contracts or grants pursuant to section 9 of Small Business Act (15 U.S.C. 638(mm)(2)) is ‘‘(W) Tents and tarpaulins.
the Small Business Act (15 U.S.C. 638). amended to read as follows: ‘‘(X) Any other critical safety item as de-
‘‘(ii) EXCLUSION.—Subject to clause (iii), in ‘‘(2) OUTREACH AND TECHNICAL ASSIST- termined appropriate by the Secretary.
calculating the outstanding leverage of a ANCE.—A Federal agency participating in the ‘‘(2) FRONTLINE OPERATIONAL COMPONENT.—
company for purposes of subparagraph (A), program under this subsection shall use a The term ‘frontline operational component’
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the Administrator shall exclude the amount portion of the funds authorized for uses means any of the following components of
of any investment made in a SBIR or STTR under paragraph (1) to carry out the policy the Department:
participant, if such investment is made in directive required under subsection (j)(2)(F) ‘‘(A) U.S. Customs and Border Protection.
the first fiscal year after the date of enact- and to increase the participation of States ‘‘(B) U.S. Immigration and Customs En-
ment of this subparagraph or any fiscal year with respect to which a low level of SBIR forcement.
thereafter by a company licensed during the awards have historically been awarded.’’. ‘‘(C) The United States Secret Service.
applicable fiscal year. (2) CONFORMING AMENDMENT.—Section ‘‘(D) The Transportation Security Admin-
‘‘(iii) LIMITATIONS.— 9(mm)(6) of the Small Business Act (15 U.S.C. istration.
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3215
‘‘(E) The Coast Guard. teria described in subparagraph (B) or (C) of tions to Yield Lasting Results Act’’ or
‘‘(F) The Federal Protective Service. paragraph (1). ‘‘FENTANYL Results Act’’.
‘‘(G) The Federal Emergency Management ‘‘(c) PRICING.—The Secretary shall ensure SEC. 3602. PRIORITIZATION OF EFFORTS OF THE
Agency. that covered items are purchased at a fair DEPARTMENT OF STATE TO COMBAT
‘‘(H) The Federal Law Enforcement Train- and reasonable price, consistent with the INTERNATIONAL TRAFFICKING IN
ing Centers. procedures and guidelines specified in the COVERED SYNTHETIC DRUGS.
‘‘(b) REQUIREMENTS.— Federal Acquisition Regulation. (a) IN GENERAL.—The Secretary of State
‘‘(1) IN GENERAL.—The Secretary shall en- ‘‘(d) REPORT.—Not later than 1 year after shall prioritize efforts of the Department of
sure that any procurement of a covered item the date of enactment of this section and an- State to combat international trafficking in
for a frontline operational component meets nually thereafter, the Secretary shall pro- covered synthetic drugs by carrying out pro-
the following criteria: vide to the Committee on Homeland Secu- grams and activities to include the fol-
‘‘(A) To the maximum extent possible, not rity, the Committee on Oversight and Re- lowing:
less than one-third of funds obligated in a form, and the Committee on Appropriations (1) Supporting increased data collection by
specific fiscal year for the procurement of of the House of Representatives, and the the United States and foreign countries
such covered items shall be covered items Committee on Homeland Security and Gov- through increased drug use surveys among
that are manufactured or supplied in the ernmental Affairs and the Committee on Ap- populations, increased use of wastewater
United States by entities that qualify as propriations of the Senate a report on in- testing where appropriate, and multilateral
small business concerns, as such term is de- stances in which vendors have failed to meet sharing of that data.
scribed under section 3 of the Small Business deadlines for delivery of covered items and (2) Engaging in increased consultation and
Act (15 U.S.C. 632). corrective actions taken by the Department partnership with international drug agen-
‘‘(B) Each contractor with respect to the in response to such instances. cies, including the European Monitoring
procurement of such a covered item, includ- ‘‘(e) EFFECTIVE DATE.—This section applies Centre for Drugs and Drug Addiction, and
ing the end-item manufacturer of such a cov- with respect to a contract entered into by regulatory agencies in foreign countries.
ered item— the Department or any frontline operational (3) Carrying out the program to provide as-
‘‘(i) is an entity registered with the Sys- component on or after the date that is 180 sistance to build the capacity of foreign law
tem for Award Management (or successor days after the date of enactment of this sec- enforcement agencies with respect to cov-
system) administered by the General Serv- tion.’’. ered synthetic drugs, as required by section
ices Administration; and (b) STUDY.— 3603.
‘‘(ii) is in compliance with ISO 9001:2015 of (1) IN GENERAL.—Not later than 18 months (4) Carrying out exchange programs for
the International Organization for Standard- after the date of enactment of this Act, the governmental and nongovernmental per-
ization (or successor standard) or a standard Secretary of Homeland Security shall sub- sonnel in the United States and in foreign
determined appropriated by the Secretary to mit to the Committee on Homeland Security countries to provide educational and profes-
ensure the quality of products and adherence and Governmental Affairs of the Senate and sional development on demand reduction
to applicable statutory and regulatory re- the Committee on Homeland Security of the matters relating to the illicit use of nar-
quirements. House of Representatives a study of the ade- cotics and other drugs, as required by sec-
‘‘(C) Each supplier of such a covered item quacy of allowances provided to employees tion 3604.
with an insignia (such as any patch, badge, of frontline operational components (as de- (b) REPORT.—
or emblem) and each supplier of such an in- fined in section 836 of the Homeland Security (1) IN GENERAL.—Not later than one year
signia, if such covered item with such insig- Act of 2002, as added by subsection (a)). after the date of the enactment of this Act,
nia or such insignia, as the case may be, is (2) REQUIREMENTS.—The study conducted the Secretary of State shall submit to the
not produced, applied, or assembled in the under paragraph (1) shall— appropriate congressional committees a re-
United States, shall— (A) be informed by a Department-wide sur- port on the implementation of this section.
‘‘(i) store such covered item with such in- vey of employees from across the Depart- (2) APPROPRIATE CONGRESSIONAL COMMIT-
signia or such insignia in a locked area; ment who receive uniform allowances that TEES DEFINED.—In this subsection, the term
‘‘(ii) report any pilferage or theft of such seeks to ascertain what, if any, improve- ‘‘appropriate congressional committees’’
covered item with such insignia or such in- ments could be made to the current uniform means—
signia occurring at any stage before delivery (A) the Committee on Foreign Relations
allowances and what, if any, impacts current
of such covered item with such insignia or and the Committee on Appropriations of the
allowances have had on employee morale and
such insignia; and Senate.
retention; and
‘‘(iii) destroy any such defective or unus- (B) the Committee on Foreign Affairs and
(B) consider increasing by 25 percent, at
able covered item with insignia or insignia the Committee on Appropriations of the
minimum, the uniform allowance for first
in a manner established by the Secretary, House of Representatives; and
year employees and by 50 percent, at min-
and maintain records, for three years after
imum, the annual allowance for all other SEC. 3603. PROGRAM TO PROVIDE ASSISTANCE
the creation of such records, of such destruc- TO BUILD THE CAPACITY OF FOR-
employees.
tion that include the date of such destruc- EIGN LAW ENFORCEMENT AGENCIES
(c) CLERICAL AMENDMENT.—The table of
tion, a description of the covered item with WITH RESPECT TO COVERED SYN-
contents in section 1(b) of the Homeland Se-
insignia or insignia destroyed, the quantity THETIC DRUGS.
curity Act of 2002 (Public Law 107–296; 116
of the covered item with insignia or insignia (a) IN GENERAL.—Notwithstanding section
Stat. 2135) is amended by inserting after the
destroyed, and the method of destruction. 660 of the Foreign Assistance Act of 1961 (22
item relating to section 835 the following:
‘‘(2) WAIVER.— U.S.C. 2420), the Secretary of State shall es-
‘‘(A) IN GENERAL.—In the case of a national ‘‘Sec. 836. Requirements to buy certain tablish a program to provide assistance to
emergency declared by the President under items related to national secu- build the capacity of law enforcement agen-
the National Emergencies Act (50 U.S.C. 1601 rity interests.’’. cies of the countries described in subsection
et seq.), the Secretary may waive a require- --- (c) to help such agencies to identify, track,
ment in subparagraph (A), (B) or (C) of para- SA 1745. Mrs. SHAHEEN (for herself and improve their forensics detection capa-
graph (1) if the Secretary determines there is and Mr. PORTMAN) submitted an bilities with respect to covered synthetic
an insufficient supply of a covered item that amendment intended to be proposed to drugs.
meets the requirement. amendment SA 1502 proposed by Mr. (b) PRIORITY.—The Secretary of State shall
‘‘(B) NOTICE.—Not later than 60 days after SCHUMER to the bill S. 1260, to establish prioritize assistance under subsection (a)
the date on which the Secretary determines a new Directorate for Technology and among those countries described in sub-
a waiver under subparagraph (A) is nec- Innovation in the National Science section (c) in which such assistance would
essary, the Secretary shall provide to the have the most impact in reducing illicit use
Committee on Homeland Security and Gov-
Foundation, to establish a regional
of covered synthetic drugs in the United
ernmental Affairs and the Committee on Ap- technology hub program, to require a States.
propriations of the Senate and the Com- strategy and report on economic secu- (c) COUNTRIES DESCRIBED.—The foreign
mittee on Homeland Security, the Com- rity, science, research, innovation, countries described in this subsection are—
mittee on Oversight and Reform, and the manufacturing, and job creation, to es- (1) countries that are producers of covered
Committee on Appropriations of the House tablish a critical supply chain resil- synthetic drugs;
of Representatives notice of such determina- iency program, and for other purposes; (2) countries whose pharmaceutical and
tion, which shall include— chemical industries are known to be ex-
SSpencer on DSK126QN23PROD with SENATE
which was ordered to lie on the table;
‘‘(i) identification of the national emer- ploited for development or procurement of
gency declared by the President;
as follows:
precursors of covered synthetic drugs; or
At the end of division C, add the following:
‘‘(ii) identification of the covered item for (3) major drug-transit countries as defined
which the Secretary intends to issue the TITLE VI—COMBATING SYNTHETIC by the President.
waiver; and DRUGS (d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(iii) a description of the demand for the SEC. 3601. SHORT TITLE. There is authorized to be appropriated to the
covered item and corresponding lack of sup- This title may be cited as the ‘‘Fighting Secretary to carry out this section $4,000,000
ply from contractors able to meet the cri- Emerging Narcotics Through Additional Na- for each of the fiscal years 2022 through 2026.
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S3216 CONGRESSIONAL RECORD — SENATE May 20, 2021
Such amounts shall be in addition to ‘‘(iii) An assessment of any policies the At the end of title V of division B, add the
amounts otherwise available for such pur- United States could adopt to improve its re- following:
poses. sponse to new psychoactive substances.’’. SEC. 25ll. NATIONAL LABORATORY BIO-
SEC. 3604. EXCHANGE PROGRAM FOR GOVERN- (b) DEFINITION OF MAJOR ILLICIT DRUG PRO- TECHNOLOGY PROGRAM.
MENTAL AND NONGOVERNMENTAL DUCING COUNTRY.—Section 481(e) of the For- (a) DEFINITIONS.—In this section:
PERSONNEL TO PROVIDE EDU- eign Assistance Act of 1961 (22 U.S.C. 2291(e)) (1) DEPARTMENT.—The term ‘‘Department’’
CATIONAL AND PROFESSIONAL DE- is amended—
VELOPMENT ON DEMAND REDUC- means the Department of Energy.
(1) in paragraph (2)— (2) NNSA.—The term ‘‘NNSA’’ means the
TION MATTERS RELATING TO IL- (A) by striking ‘‘means a country in
LICIT USE OF NARCOTICS AND National Nuclear Security Administration.
OTHER DRUGS.
which—’’ and inserting the following: (3) OFFICE.—The term ‘‘Office’’ means the
‘‘means— joint program office established under sub-
(a) IN GENERAL.—The Secretary of State
‘‘(A) a country in which—’’; section (b)(2).
shall establish or continue and strengthen,
(B) by redesignating subparagraphs (A), (4) OFFICE OF INTELLIGENCE AND COUNTER-
as appropriate, an exchange program for gov-
(B), and (C) as clauses (i), (ii), and (iii), re- INTELLIGENCE.—The term ‘‘Office of Intel-
ernmental and nongovernmental personnel
spectively, and moving such clauses, as so ligence and Counterintelligence’’ means the
in the United States and in foreign countries
redesignated, two ems to the right; Office of Intelligence and Counterintel-
to provide educational and professional de-
(C) in subparagraph (A)(iii), as redesig- ligence of the Department.
velopment on demand reduction matters re-
nated by this paragraph, by striking the (5) OFFICE OF SCIENCE.—The term ‘‘Office of
lating to the illicit use of narcotics and
semicolon at the end and inserting ‘‘; or’’; Science’’ means the Office of Science of the
other drugs.
(b) PROGRAM REQUIREMENTS.—The program and Department.
required by subsection (a)— (D) by adding at the end the following new (6) PROGRAM.—The term ‘‘Program’’ means
(1) shall be limited to individuals who have subparagraph: the National Laboratory Biotechnology Pro-
expertise and experience in matters de- ‘‘(B) a country which is a significant direct gram established under subsection (b)(1).
scribed in subsection (a); source of illicit narcotic or psychotropic (7) SECRETARY.—The term ‘‘Secretary’’
(2) in the case of inbound exchanges, may drugs or other controlled substances signifi- means the Secretary of Energy.
be carried out as part of exchange programs cantly affecting the United States;’’; and (b) NATIONAL LABORATORY BIOTECHNOLOGY
and international visitor programs adminis- (2) by amending paragraph (5) to read as PROGRAM.—
tered by the Bureau of Educational and Cul- follows: (1) IN GENERAL.—The Secretary shall estab-
tural Affairs of the Department of State, in- ‘‘(5) the term ‘major drug-transit country’ lish a National Laboratory Biotechnology
cluding the International Visitor Leadership means a country through which are trans- Program to integrate the resources of the
Program, in consultation or coordination ported illicit narcotic or psychotropic drugs Department, including the Office of Science,
with the Bureau of International Narcotics or other controlled substances significantly the Office of Intelligence and Counterintel-
and Law Enforcement Affairs; and affecting the United States.’’. ligence, and the NNSA, to provide research,
SEC. 3606. SENSE OF CONGRESS.
(3) shall include outbound exchanges for development, test and evaluation, and re-
governmental or nongovernmental personnel It is the sense of Congress that— sponse capabilities to respond to—
in the United States. (1) the President should direct the United (A) long-term biotechnology threats facing
(c) AUTHORIZATION OF ADDITIONAL APPRO- States Representative to the United Nations the United States; and
PRIATIONS.—There is authorized to be appro- to use the voice and vote of the United (B) any remaining threats posed by
priated to the Secretary to carry out this States at the United Nations to advocate for COVID–19.
section $1,000,000 for each of fiscal years 2022 more transparent assessments of countries (2) JOINT PROGRAM OFFICE.—To carry out
through 2026. Such amounts shall be in addi- by the International Narcotics Control the Program, the Secretary shall establish a
tion to amounts otherwise available for such Board; and joint program office, which shall comprise
purposes. (2) bilateral, plurilateral, and multilateral appropriate leadership from the Office of
SEC. 3605. AMENDMENTS TO INTERNATIONAL
international cooperation is essential to Science, the NNSA, and the National Lab-
NARCOTICS CONTROL PROGRAM. combating the trafficking of covered syn- oratories.
(a) INTERNATIONAL NARCOTICS CONTROL thetic drugs. (3) FUNCTIONS.—The Office shall—
STRATEGY REPORT.—Section 489(a) of the SEC. 3607. DEFINITIONS. (A) oversee the development and operation
Foreign Assistance Act of 1961 (22 U.S.C. In this title: of major research activities of the Program;
2291h(a)) is amended by inserting after para- (1) The term ‘‘covered synthetic drug’’ (B) periodically review and recommend up-
graph (9) the following new paragraph: means— dates as necessary to Program policies and
‘‘(10) SYNTHETIC OPIOIDS AND NEW (A) a synthetic controlled substance (as de- guidelines for the development and operation
PSYCHOACTIVE SUBSTANCES.— fined in section 102(6) of the Controlled Sub- of major research activities;
‘‘(A) SYNTHETIC OPIOIDS.—Information that stances Act (21 U.S.C. 802(6))), including (C) collaborate with the directors of re-
contains an assessment of the countries sig- fentanyl or a fentanyl analogue; or search directorates of the Department, direc-
nificantly involved in the manufacture, pro- (B) a new psychoactive substance. tors of National Laboratories, and other sen-
duction, or transshipment of synthetic (2) The term ‘‘new psychoactive substance’’ ior Department officials, as appropriate, to
opioids, including fentanyl and fentanyl ana- means a substance of abuse, or any prepara- gain greater access to top researchers and
logues, to include the following: tion thereof, that— new and potentially transformative ideas;
‘‘(i) The scale of legal domestic production (A) is not— (D) enable access to broad scientific and
and any available information on the num- (i) included in any schedule as a controlled technical expertise and resources that will
ber of manufacturers and producers of such substance under the Controlled Substances lead to the deployment of innovative prod-
opioids in such countries. Act (21 U.S.C. 801 et seq.); or ucts, including through—
‘‘(ii) Information on any law enforcement (ii) controlled by the Single Convention on (i) research and development, including
assessments of the scale of illegal produc- Narcotic Drugs, done at New York March 30, proof of concept, technical development, and
tion, including a description of the capacity 1961, or the Convention on Psychotropic Sub- compliance testing activities; and
of illegal laboratories to produce such stances, done at Vienna February 21, 1971; (ii) early-stage product development, in-
opioids. (B) is new or has reemerged on the illicit cluding through—
‘‘(iii) The types of inputs used and a de- market; and (I) computational modeling and simula-
scription of the primary methods of syn- (C) poses a threat to the public health and tion;
thesis employed by illegal producers of such safety. (II) molecular structural determination;
opioids. --- (III) genomic sequencing;
‘‘(iv) An assessment of the policies of such
SA 1746. Mr. LUJÁN submitted an (IV) epidemiological and logistics support;
countries to regulate licit manufacture and amendment intended to be proposed to (V) knowledge discovery infrastructure and
interdict illicit manufacture, diversion, dis- amendment SA 1502 proposed by Mr. scalable protected data;
tribution, and shipment of such opioids and SCHUMER to the bill S. 1260, to establish (VI) advanced manufacturing to address
an assessment of the effectiveness of the a new Directorate for Technology and supply chain bottlenecks;
policies’ implementation. Innovation in the National Science (VII) new capabilities for testing of clinical
‘‘(B) NEW PSYCHOACTIVE SUBSTANCES.—In- Foundation, to establish a regional and nonclinical samples;
formation on, to the extent practicable, any (VIII) understanding environmental fate
SSpencer on DSK126QN23PROD with SENATE
technology hub program, to require a
policies of responding to new psychoactive strategy and report on economic secu- and transport of viruses; and
substances (as such term is defined in sec- rity, science, research, innovation, (IX) discovery of potential therapeutics
tion 3607 of the FENTANYL Results Act), to through computation and molecular struc-
include the following:
manufacturing, and job creation, to es- ture determination;
‘‘(i) Which governments have articulated tablish a critical supply chain resil- (E) provide access to user facilities with
policies on scheduling of such substances. iency program, and for other purposes; advanced or unique equipment, services, ma-
‘‘(ii) Any data on impacts of such policies which was ordered to lie on the table; terials, and other resources to perform re-
and other responses to such substances. as follows: search and testing;
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3217
(F) support technology transfer and related (iii) provide traineeships at the institu- tion with the individuals and entities listed
activities; and tions described in clause (i) to graduate stu- in subsection (a), shall collaborate with
(G) promote access and development across dents who pursue a masters or doctoral de- similar entities in the countries appearing
the Federal Government and to United gree in an academic field relevant to re- on the list created pursuant to subsection (a)
States industry, including startup compa- search advanced under the Program. to develop, coordinate, and agree to general
nies, of early applications of the tech- (6) EVALUATION AND PLAN.— security policies and procedures, consistent
nologies, innovations, and expertise bene- (A) IN GENERAL.—Not less frequently than with the policies and procedures developed
ficial to the public that are derived from biennially, the Secretary shall— pursuant to sections 2304 and 2305, for gov-
Program activities. (i) evaluate the activities carried out ernmental, academic, and private sector re-
(4) BIODEFENSE EXPERTISE.— under the Program; and search, to prevent sensitive research from
(A) IN GENERAL.—In carrying out the Pro- (ii) develop a strategic research plan under being disclosed to adversaries.
gram, the Office shall support research that the Program, which shall be made publicly (c) REPORT.—Not later than 1 year after
harnesses the capabilities of the National available and submitted to the Committee the date of the enactment of this Act, the
Laboratories to address advanced biological on Energy and Natural Resources of the Sen- Secretary of State, in consultation with the
threats of national security significance ate and the Committee on Energy and Com- individuals and entities listed in subsection
through assessments and research and devel- merce of the House of Representatives. (a), and allied countries appearing on the list
opment programs that— (B) CLASSIFIED INFORMATION.—If the stra- created pursuant to subsection (a), shall sub-
(i) support the near- and long-term bio- tegic research plan developed under subpara- mit a report to Congress that identifies the
defense needs of the United States; graph (A)(ii) contains classified information, most promising international research ven-
(ii) support the national security commu- the plan— tures that leverage resources and advance re-
nity in reducing uncertainty and risk; (i) shall be made publicly available and search in key technology focus areas.
(iii) enable greater access to top research- submitted to the committees of Congress de-
ers and new and potentially transformative scribed in subparagraph (A)(ii) in an unclas- SA 1748. Mr. LEE submitted an
ideas for biodefense of human, animal, plant, sified format; and amendment intended to be proposed to
environment, and infrastructure assets (in- (ii) may, as part of the submission to those amendment SA 1502 proposed by Mr.
cluding physical, cyber, and economic infra- committees of Congress only, include a clas- SCHUMER to the bill S. 1260, to establish
structure); and sified annex containing any sensitive or clas-
a new Directorate for Technology and
(iv) enable access to broad scientific and sified information, as necessary.
(7) INTERAGENCY COLLABORATION.—The Of- Innovation in the National Science
technical expertise and resources that will
fice may collaborate with the Secretary of Foundation, to establish a regional
lead to the development and deployment of
innovative biodefense assessments and solu- Homeland Security, the Secretary of Health technology hub program, to require a
tions, including through— and Human Services, the Secretary of De- strategy and report on economic secu-
(I) the accessing, monitoring, and evalua- fense, and the heads of other appropriate rity, science, research, innovation,
tion of biological threats to reduce risk, in- Federal departments and agencies to ad- manufacturing, and job creation, to es-
cluding through analysis and prioritization vance biotechnology research and develop- tablish a critical supply chain resil-
of gaps and vulnerabilities across open- ment under the Program.
iency program, and for other purposes;
source and classified data; (8) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to which was ordered to lie on the table;
(II) development of scientific and technical
the Secretary to carry out this section, to as follows:
roadmaps—
(aa) to address gaps and vulnerabilities; remain available until expended— At the appropriate place, insert the fol-
(bb) to inform analyses of technologies; (A) $30,000,000 for fiscal year 2022; lowing:
and (B) $40,000,000 for fiscal year 2023; SEC. ll. PROHIBITION ON FTC RULEMAKING
(cc) to accelerate the application of unclas- (C) $45,000,000 for fiscal year 2024; and RELATING TO UNFAIR METHODS OF
(D) $50,000,000 for each of fiscal years 2025 COMPETITION.
sified research to classified applications; and
(III) demonstration activities to enable de- and 2026. (a) IN GENERAL.—On and after the date of
ployment, including— enactment of this Act, the Federal Trade
(aa) threat signature development and val- SA 1747. Mr. KING (for himself and Commission may not promulgate any rule
idation; Mr. LANKFORD) submitted an amend- relating to unfair methods of competition.
(bb) automated anomaly detection using ment intended to be proposed to (b) CONFORMING AMENDMENT.—Section
artificial intelligence and machine learning; amendment SA 1502 proposed by Mr. 18(a)(2) of the Federal Trade Commission Act
(cc) fate and transport dynamics for pri- SCHUMER to the bill S. 1260, to establish (15 U.S.C. 57a(a)(2)) is amended by striking
ority scenarios; the second sentence.
a new Directorate for Technology and
(dd) data curation, access, storage, and se- Innovation in the National Science
curity at scale; and SA 1749. Ms. ERNST (for herself, Mr.
Foundation, to establish a regional MARSHALL, Mr. INHOFE, Mr. CRAMER,
(ee) risk assessment tools.
technology hub program, to require a and Mr. ROUNDS) submitted an amend-
(B) RESOURCES.—The Secretary shall en-
sure that the Office is provided and uses suf- strategy and report on economic secu- ment intended to be proposed to
ficient resources to carry out subparagraph rity, science, research, innovation, amendment SA 1502 proposed by Mr.
(A). manufacturing, and job creation, to es- SCHUMER to the bill S. 1260, to establish
(5) STRENGTHENING INSTITUTIONAL RE- tablish a critical supply chain resil- a new Directorate for Technology and
SEARCH AND PRIVATE PARTNERSHIPS.— iency program, and for other purposes; Innovation in the National Science
(A) IN GENERAL.—The Office shall, to the which was ordered to lie on the table;
maximum extent practicable, promote coop- Foundation, to establish a regional
as follows:
erative research and development activities technology hub program, to require a
At the end of section 2303(c), add the fol-
under the Program, including collaboration strategy and report on economic secu-
lowing: ‘‘The exemption authorized under
between appropriate industry and academic this subsection may also include a categor- rity, science, research, innovation,
institutions to promote innovation and ical exemption for allied countries that ap- manufacturing, and job creation, to es-
knowledge creation. pear on the list created pursuant to section tablish a critical supply chain resil-
(B) ACCESSIBILITY OF INFORMATION.—The 2309(a).’’ iency program, and for other purposes;
Office shall develop, maintain, and publicize At the end of title III of division B, add the
information on scientific user facilities and
which was ordered to lie on the table;
following: as follows:
capabilities supported by laboratories of the SEC. 2309. PRIORITIZATION AND PROTECTION OF
Department for combating biotechnology INTERNATIONAL RESEARCH. At the end of title III of division F, add the
threats, which shall be accessible for use by (a) LIST OF ALLIED COUNTRIES.—The Sec- following:
individuals from academic institutions and retary of State, in consultation with the Di- SEC. 6302. STUDY ON ELECTRIC VEHICLE EMIS-
industry. rector of the Office of Science and Tech- SIONS.
(C) ACADEMIC PARTICIPATION.—The Office nology Policy, the National Security Coun- The Secretary of Energy or a National
shall, to the maximum extent practicable— cil, the Secretary of Energy, the Director of Laboratory shall conduct a study on the
(i) conduct outreach about internship op- emissions of the full lifecycle of an electric
SSpencer on DSK126QN23PROD with SENATE
the National Science Foundation and the
portunities relating to activities under the heads of other relevant agencies, shall create vehicle, from battery production to disposal,
Program primarily to institutions of higher a list of allied countries with which joint including—
education and minority-serving institutions international research and cooperation (1) the emissions associated with the elec-
of higher education; would advance United States national inter- tricity generated to power the vehicle
(ii) encourage the development of research ests and advance scientific knowledge in key throughout its life;
collaborations between research-intensive technology focus areas. (2) the critical minerals used in the bat-
universities and the institutions described in (b) ESTABLISHMENT OF SECURITY PROCE- teries; and
clause (i); and DURES.—The Secretary of State, in consulta- (3) the mineral refining and transport.
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S3218 CONGRESSIONAL RECORD — SENATE May 20, 2021
SA 1750. Mr. RUBIO (for himself, Mr. ‘‘(A) whether the registrant intends to ‘‘(D) whether the articles of incorporation
SCOTT of Florida, and Mr. BURR) sub- track the returns of, or benchmark against, of the issuer (or equivalent organizing docu-
mitted an amendment intended to be a specific index of securities; and ment) contains any charter of the Chinese
‘‘(B) if the registrant intends to track the Communist Party, including the text of any
proposed to amendment SA 1502 pro-
returns of, or benchmark against, a specific such charter; and
posed by Mr. SCHUMER to the bill S. index of securities— ‘‘(E) whether the investment company was
1260, to establish a new Directorate for ‘‘(i) the identity of the index provider; unable to obtain any of the information re-
Technology and Innovation in the Na- ‘‘(ii) any involvement of the registrant in quired under any of subparagraphs (A)
tional Science Foundation, to establish designing the index; through (D).
a regional technology hub program, to ‘‘(iii) any ability of the registrant to influ- ‘‘(2) INCLUSION PERMITTED.—A report that a
require a strategy and report on eco- ence the construction or composition of the registered investment company is required
nomic security, science, research, inno- index; and to transmit under paragraph (1) may be in-
‘‘(iv) any licensing fees paid by the reg- cluded in a report that the investment com-
vation, manufacturing, and job cre-
istrant to the index provider.’’; pany is required to transmit under sub-
ation, to establish a critical supply (2) in section 13 (15 U.S.C. 80a–13)— section (e).’’.
chain resiliency program, and for other (A) by redesignating subsection (c) as sub- (b) TECHNICAL AND CONFORMING AMEND-
purposes; which was ordered to lie on section (d); and MENT.—Section 401(a) of the Comprehensive
the table; as follows: (B) by inserting after subsection (b) the Iran Sanctions, Accountability, and Divest-
Beginning on page 439, strike line 10, and following: ment Act of 2010 (22 U.S.C. 8551(a)) is amend-
all that follows through page 440, line 10, and ‘‘(c) CHANGE IN INVESTMENT POLICY RELAT- ed, in the matter preceding paragraph (1), by
insert the following: ING TO INDEXING.— striking ‘‘section 13(c)(1)(B)’’ and inserting
‘‘(1) IN GENERAL.—With respect to a reg- ‘‘section 13(d)(1)(B)’’.
(d) EXCLUDED SPECIES.—It shall not be a
istered investment company that tracks the (c) UPDATES TO RULES.—Not later than 1
violation of subsection (b) for any person to
returns of, or benchmarks against, a specific year after the date of enactment of this Act,
possess, transport, offer for sale, sell, proc-
index of securities, if a deviation with re- the Securities and Exchange Commission
ess, or purchase any fresh, frozen, raw or
spect to that index occurs such that the de- shall make any updates to the rules of the
otherwise processed fin or tail from any
viation would be permitted under subsection Commission that are necessary as a result of
stock of the following species:
(a)(3) if made directly by the investment this section and the amendments made by
(1) Mustelus canis (smooth dogfish).
company only if authorized by the vote of a this section.
(2) Squalus acanthias (spiny dogfish).
(3) Rhizoprionodon terraenovae (Atlantic majority of the outstanding voting securities
sharpnose). of the investment company, the investment SA 1752. Mr. RUBIO (for himself, Mr.
(4) Carcharhinus acronotus (Blacknose). company may not continue to so track, or COTTON, and Mr. SCOTT of Florida) sub-
(5) Carcharhinus limbatus (Blacktip). benchmark against, the index, unless so au- mitted an amendment intended to be
(6) Carcharhinus longimanus (Oceanic thorized by such a vote or by a vote by the proposed to amendment SA 1502 pro-
whitetip). board of directors of the investment com- posed by Mr. SCHUMER to the bill S.
(7) Carcharhinus leucas (Bull). pany.
1260, to establish a new Directorate for
(8) Carcharhinus isodon (Finetooth). ‘‘(2) RULE OF CONSTRUCTION.—For the pur-
poses of paragraph (1), a deviation with re- Technology and Innovation in the Na-
(9) Mustelus norrisi (Florida tional Science Foundation, to establish
smoothhound). spect to an index that requires a vote, as de-
(10) Mustelus sinusmexicanus (Gulf scribed in that paragraph, includes such a a regional technology hub program, to
smoothhound). deviation that adds new, or increases the require a strategy and report on eco-
(11) Sphyrna mokarran (great Hammer- weighting of, securities— nomic security, science, research, inno-
head). ‘‘(A) of issuers that are headquartered or vation, manufacturing, and job cre-
(12) Sphyrna lewini (scalloped Hammer- incorporated in the People’s Republic of ation, to establish a critical supply
head). China; or
chain resiliency program, and for other
(13) Sphyrna zygaena (smooth Hammer- ‘‘(B) that are listed on exchanges in the
People’s Republic of China.’’; and purposes; which was ordered to lie on
head). the table; as follows:
(14) Negaprion brevirostris (Lemon). (3) in section 30 (15 U.S.C. 80a–29)—
(15) Ginglymostoma cirratum (Nurse). (A) in subsection (b)(1) , by striking ‘‘this At the end of title I of division E, add the
(16) Lamna nasus (Porbeagle). title; and’’ and inserting the following: ‘‘this following:
(17) Isurus oxyrinchus (Shortfin Mako). title, which shall include— SEC. 51ll. AMERICAN FINANCIAL MARKETS IN-
(18) Carcharhinus brevipinna (Spinner). ‘‘(A) information regarding whether the TEGRITY AND SECURITY.
(19) Alopias vulpinus (Thresher). registered investment company tracks the (a) PROHIBITIONS RELATING TO CERTAIN
(20) Galeocerdo cuvier (Tiger). returns of, or benchmarks against (or in- COMMUNIST CHINESE MILITARY COMPANIES.—
(21) Carcharhinus plumbeus (Sandbar). tends to track, or benchmark against), a spe- (1) DEFINITIONS.—In this subsection:
cific index of securities; and (A) COMMISSION.—The term ‘‘Commission’’
‘‘(B) if the registered investment company means the Securities and Exchange Commis-
SA 1751. Mr. RUBIO submitted an engages in, or intends to engage in, the ac- sion.
amendment intended to be proposed to tion described in subparagraph (A), the infor- (B) CONTROL; INSURANCE COMPANY.—The
amendment SA 1502 proposed by Mr. mation described in section 8(b)(6)(B) with terms ‘‘control’’ and ‘‘insurance company’’
SCHUMER to the bill S. 1260, to establish respect to the index described in subpara- have the meanings given the terms in sec-
a new Directorate for Technology and graph (A) of this paragraph; and’’; and tion 2(a) of the Investment Company Act of
Innovation in the National Science (B) by adding at the end the following: 1940 (15 U.S.C. 80a–2(a)).
Foundation, to establish a regional ‘‘(k) ANNUAL DISCLOSURE REGARDING CHI- (C) COVERED ENTITY.—
technology hub program, to require a NESE SECURITIES.— (i) IN GENERAL.—The term ‘‘covered enti-
‘‘(1) IN GENERAL.—Each registered invest- ty’’—
strategy and report on economic secu-
ment company shall annually transmit to (I) means an entity on—
rity, science, research, innovation, the stockholders of the investment company (aa) the list of Communist Chinese mili-
manufacturing, and job creation, to es- a report containing information regarding, tary companies required by section 1237(b) of
tablish a critical supply chain resil- with respect to any security owned by the in- the Strom Thurmond National Defense Au-
iency program, and for other purposes; vestment company that is issued by an thorization Act for Fiscal Year 1999 (Public
which was ordered to lie on the table; issuer that is headquartered or incorporated Law 105–261; 50 U.S.C. 1701 note); or
as follows: in the People’s Republic of China or listed on (bb) the entity list maintained by the Bu-
At the end of title I of division E, add the an exchange in the People’s Republic of reau of Industry and Security of the Depart-
following: China— ment of Commerce and set forth in Supple-
‘‘(A) the percentage of the securities of ment No. 4 to part 744 of the title 15, Code of
SEC. 51ll. MARKET INDEXES. that issuer that are owned by governmental Federal Regulations; and
(a) IN GENERAL.—The Investment Company entities in the People’s Republic of China; (II) includes a parent, subsidiary, or affil-
Act of 1940 (15 U.S.C. 80a–1 et seq.) is amend- ‘‘(B) whether the entities described in sub- iate of, or an entity controlled by, an entity
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ed— paragraph (A) have a controlling financial described in subclause (I).
(1) in section 8(b) (15 U.S.C. 80a–8(b))— interest with respect to the issuer; (ii) GRACE PERIOD.—For the purposes of
(A) in paragraph (4), by striking ‘‘and’’ at ‘‘(C) the name of any official of the Chinese this section, and the amendments made by
the end; Communist Party who is a member of the this section, an entity shall be considered to
(B) in paragraph (5), by striking the period board of directors of— be a covered entity beginning on the date
at the end and inserting ‘‘; and’’; and ‘‘(i) the issuer; or that is 1 year after the date on which the en-
(C) by adding at the end the following: ‘‘(ii) the operating entity with respect to tity first qualifies under the applicable pro-
‘‘(6) a disclosure of— the issuer; vision of clause (i).
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3219
(D) EXCHANGE; SECURITY.—The terms ‘‘ex- amended by inserting after paragraph (38) (1) by striking paragraph (2) and inserting
change’’ and ‘‘security’’ have the meanings the following new paragraph: the following:
given those terms in section 3(a) of the Secu- ‘‘(39) PROHIBITED INVESTMENTS.—A trust ‘‘(2) REVISIONS TO THE LIST.—
rities Exchange Act of 1934 (15 U.S.C. 78c(a)). which is part of a plan shall not be treated as ‘‘(A) ADDITIONS.—The Secretary of Defense,
(2) PROHIBITIONS.— a qualified trust under this subsection unless the Secretary of Commerce, or the Director
(A) LISTING ON EXCHANGE.—Beginning on the plan provides that no part of the plan’s of National Intelligence may add a person to
the date that is 1 year after the date of en- assets will be invested in any covered entity the list required by paragraph (1) at any
actment of this Act, the Commission shall (as defined in section 12(d)(6)(B) of the In- time.
prohibit a covered entity from offering to vestment Company Act of 1940).’’. ‘‘(B) REMOVALS.—A person may be removed
sell or selling on an exchange (or through (B) IRAS.—Paragraph (3) of section 408(a) from the list required by paragraph (1) if the
any other method that is within the jurisdic- of such Code is amended by striking ‘‘con- Secretary of Defense, the Secretary of Com-
tion of the Commission to regulate, includ- tracts’’ and inserting ‘‘contracts or in any merce, and the Director of National Intel-
ing through the method of trading that is covered entity (as defined in section ligence agree to remove the person from the
commonly referred to as the ‘‘over-the- 12(d)(6)(B) of the Investment Company Act of list.
counter’’ trading of securities) securities 1940)’’. ‘‘(C) SUBMISSION OF UPDATES TO CON-
issued by the covered entity, including pur- (C) FIDUCIARY DUTY.—Section 404 of the GRESS.—Not later than February 1 of each
suant to an exemption to section 5 of the Se- Employee Retirement Income Security Act year, the Secretary of Defense shall submit a
curities Act of 1933 (15 U.S.C. 77e). of 1974 (29 U.S.C. 1104) is amended by adding version of the list required in paragraph (1),
(B) INVESTMENTS; LIMITATION ON ACTIONS.— at the end the following new subsection: updated to include any additions or removals
(i) IN GENERAL.—The Investment Company ‘‘(f) PROHIBITED INVESTMENTS.—No fidu- under this paragraph, to the committees and
Act of 1940 (15 U.S.C. 80a–1 et seq.) is amend- ciary shall cause any assets of a plan to be officers specified in paragraph (1).’’;
ed— invested in any covered entity (as defined in (2) by striking paragraph (3) and inserting
(I) in section 12(d) (15 U.S.C. 80a–12(d)), by section 12(d)(6)(B) of the Investment Com- the following:
adding at the end the following: pany Act of 1940 (15 U.S.C. 80a–12(d)(6)(B))).’’. ‘‘(3) CONSULTATION.—In carrying out para-
‘‘(4)(A) It shall be unlawful for any invest- (D) EFFECTIVE DATE.—
graphs (1) and (2), the Secretary of Defense,
ment company, or any person that would be (i) IN GENERAL.—Except as provided in
the Secretary of Commerce, and the Director
an investment company but for the applica- clause (ii), the amendments made by this
of National Intelligence shall consult with
tion of paragraph (1) or (7) of section 3(c), to paragraph shall apply to plan years begin-
each other, the Attorney General, and the
invest in a covered entity. ning after the date which is 180 days after
Director of the Federal Bureau of Investiga-
‘‘(B) In this paragraph, the term ‘covered the date of the enactment of this Act.
tion.’’; and
entity’ has the meaning given the term in (ii) PLAN AMENDMENTS.—If clause (iii) ap-
(3) in paragraph (4), in the matter pre-
section 2(a) of the American Financial Mar- plies to any retirement plan or contract
ceding subparagraph (A), by striking ‘‘mak-
kets Integrity and Security Act.’’; and amendment—
ing the determination required by paragraph
(II) in section 13(c)(1) (15 U.S.C. 80a– (I) such plan or contract shall not fail to be
(1) and of carrying out paragraph (2)’’ and in-
13(c)(1))— treated as being operated in accordance with
serting ‘‘this section’’.
(aa) in subparagraph (A), by striking ‘‘or’’ the terms of the plan during the period de-
(c) ANALYSIS OF FINANCIAL AMBITIONS OF
at the end; scribed in clause (iii)(II) solely because the
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC
(bb) in subparagraph (B), by striking the plan operates in accordance with the amend-
OF CHINA.—
period at the end and inserting ‘‘or’’; and ments made by this paragraph, and
(1) ANALYSIS REQUIRED.—The Director of
(cc) by adding at the end the following: (II) except as provided by the Secretary of
the Office of Commercial and Economic
‘‘(C) are covered entities, as that term is the Treasury (or the Secretary’s delegate),
Analysis of the Air Force shall conduct an
defined in section 12(d)(4)(B).’’. such plan or contract shall not fail to meet
analysis of—
(ii) EFFECTIVE DATE.—The amendments the requirements of the Internal Revenue
(A) the strategic importance to the Gov-
made by clause (i) shall take effect on the Code of 1986 or the Employee Retirement In-
ernment of the People’s Republic of China of
date that is 1 year after the date of enact- come Security Act of 1974 by reason of such
inflows of United States dollars through cap-
ment of this Act. amendment.
ital markets to the People’s Republic of
(C) FEDERAL FUNDS.— (iii) AMENDMENTS TO WHICH PARAGRAPH AP-
China;
(i) IN GENERAL.—Except as provided in PLIES.—
(B) the methods by which that Government
clause (ii), on and after the date that is 180 (I) IN GENERAL.—This subparagraph shall
seeks to manage such inflows;
days after the date of enactment of this Act, apply to any amendment to any plan or an-
no Federal funds may be used to enter into, (C) how the inclusion of the securities of
nuity contract which—
extend, or renew a contract or purchasing Chinese entities in stock or bond indexes af-
(aa) is made pursuant to the provisions of
agreement with a covered entity. fects such inflows and serves the financial
this subsection, and
(ii) WAIVER.—The head of a Federal agency ambitions of that Government; and
(bb) is made on or before the last day of
may issue a national security waiver to the (D) how the listing of the securities of Chi-
the first plan year beginning on or after the
prohibition in clause (i) for a period of not nese entities on exchanges in the United
date which is 2 years after the date of the en-
more than 2 years with respect to a covered States assists in—
actment of this Act (4 years after such date
entity if the agency head submits to Con- (i) meeting the strategic goals of that Gov-
of enactment, in the case of a governmental
gress a notification that includes— ernment, including defense, surveillance, and
plan).
(I) a written justification for the waiver; intelligence goals; and
(II) CONDITIONS.—This subparagraph shall
and (ii) the fusion of the civilian and military
not apply to any amendment unless—
(II) a plan for a phase-out of the goods or components of that Government.
(aa) during the period beginning on the
services provided by the covered entity. (2) SUBMISSION TO CONGRESS.—The Director
date which is 180 days after the date of the
(D) INVESTMENTS BY INSURANCE COMPA- of the Office of Commercial and Economic
enactment of this Act, and ending on the
NIES.— Analysis of the Air Force shall submit to
date described in subclause (I)(bb) (or, if ear-
(i) IN GENERAL.—On and after the date of Congress a report—
lier, the date the plan or contract amend-
enactment of this Act, an insurance com- (A) setting forth the results of the analysis
ment is adopted), the plan or contract is op-
pany may not invest in a covered entity. conducted under paragraph (1); and
erated as if such plan or contract amend-
(ii) CERTIFICATION OF COMPLIANCE.— (B) based on that analysis, making rec-
ment were in effect, and
(I) IN GENERAL.—Each insurance company ommendations for best practices to mitigate
(bb) such plan or contract amendment ap-
shall, on an annual basis, submit to the Sec- any national security and economic risks to
plies retroactively for such period.
retary of the Treasury a certification of the United States relating to the financial
(iv) SUBSEQUENT AMENDMENTS.—Rules simi-
compliance with clause (i). ambitions of the Government of the People’s
lar to the rules of clauses (ii) and (iii) shall
(II) RESPONSIBILITIES OF THE SECRETARY.— Republic of China.
apply in the case of any amendment to any
The Secretary of the Treasury shall create a plan or annuity contract made pursuant to
---
form for the submission required under sub- SA 1753. Mr. RUBIO (for himself and
any update of the list of Communist Chinese
clause (I) in such a manner that minimizes military companies required by section
Mr. RISCH) submitted an amendment
the reporting burden on an insurance com- 1237(b) of the Strom Thurmond National De- intended to be proposed by him to the
pany making the submission. fense Authorization Act for Fiscal Year 1999 bill S. 1260, to establish a new Direc-
(iii) SHARING INFORMATION.—The Secretary torate for Technology and Innovation
SSpencer on DSK126QN23PROD with SENATE
(Public Law 105–261; 50 U.S.C. 1701 note)
of the Treasury, acting through the Federal which is made after the effective date of the in the National Science Foundation, to
Insurance Office, shall share the information amendments made by this paragraph. establish a regional technology hub
received under clause (ii) and coordinate (b) MODIFICATION OF REQUIREMENTS FOR program, to require a strategy and re-
verification of compliance with State insur- LIST OF COMMUNIST CHINESE MILITARY COM-
ance offices. PANIES.—Section 1237(b) of the Strom Thur-
port on economic security, science, re-
(3) QUALIFIED TRUSTS, ETC.— mond National Defense Authorization Act search, innovation, manufacturing, and
(A) IN GENERAL.—Subsection (a) of section for Fiscal Year 1999 (Public Law 105–261; 50 job creation, to establish a critical sup-
401 of the Internal Revenue Code of 1986 is U.S.C. 1701 note) is amended— ply chain resiliency program, and for
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S3220 CONGRESSIONAL RECORD — SENATE May 20, 2021
other purposes; which was ordered to the individuals responsible for the manage- not conform to the requirements described in
lie on the table; as follows: ment of the applicant. this section at the time of application;
‘‘(C) A description of the extent to which ‘‘(II) allow the applicant to more effec-
At the appropriate place, insert the fol-
the applicant meets the selection criteria tively raise capital commitments in the pri-
lowing:
under subsection (d)(2). vate markets by referencing the intent of
SEC. lll. SMALL BUSINESS INVESTMENT COM-
PANY PROGRAM.
‘‘(3) EXCEPTIONS TO APPLICATION FOR NEW the Administrator to award the applicant a
LICENSEES.—Not later than 90 days after the commitment; and
(a) IN GENERAL.—Part A of title III of the
date of enactment of this section, the Ad- ‘‘(III) allow the applicant to more precisely
Small Business Investment Act of 1958 (15
ministrator shall reduce requirements for request the desired amount of commitment
U.S.C. 681 et seq.) is amended— applicants applying to operate as a partici- pending the securing of capital from private
(1) in section 302(a) (15 U.S.C. 682(a))— pating investment company under this sec- market investors.
(A) in paragraph (1)— tion in order to encourage the participation ‘‘(iii) LIMIT ON PERIOD OF THE TIME.—The
(i) in subparagraph (A), by striking ‘‘or’’ at of new small business investment companies period between a provisional approval under
the end; in the facility under this section, which may clause (i) and the final determination of ap-
(ii) in subparagraph (B), by striking the pe- include the requirements established under proval under paragraph (1) shall not exceed
riod at the end and inserting ‘‘; or’’; and part 107 of title 13, Code of Federal Regula- 12 months.
(iii) by adding at the end the following: tions, or any successor regulation, relating ‘‘(e) COMMITMENTS AND SBIC BONDS.—
‘‘(C) $20,000,000, adjusted every 5 years for to— ‘‘(1) IN GENERAL.—The Administrator may,
inflation, with respect to each licensee au- ‘‘(A) the approval of initial management out of amounts available in the Fund, pur-
thorized or seeking authority to sell bonds expenses; chase or commit to purchase from a partici-
to Administration as a participating invest- ‘‘(B) the management ownership diversity pating investment company 1 or more accru-
ment company under section 321.’’; and requirement; ing bonds that include equity features as de-
(2) by adding at the end the following: ‘‘(C) the disclosure of general compen- scribed in this subsection.
‘‘SEC. 321. SMALL BUSINESS AND DOMESTIC PRO- satory practices and fee structures; or ‘‘(2) BOND TERMS.—A bond purchased by the
DUCTION RECOVERY INVESTMENT ‘‘(D) any other requirement that the Ad- Administrator from a participating invest-
FACILITY. ment company under this subsection shall
ministrator determines to be an obstacle to
‘‘(a) DEFINITIONS.—In this section: achieving the purposes described in this have the following terms and conditions:
‘‘(1) ELIGIBLE SMALL BUSINESS CONCERN.— paragraph. ‘‘(A) TERM AND INTEREST.—
The term ‘eligible small business concern’— ‘‘(d) SELECTION OF PARTICIPATING INVEST- ‘‘(i) IN GENERAL.—The bond shall be issued
‘‘(A) means a small business concern that MENT COMPANIES.— for a term of not less than 15 years and shall
is a manufacturing business that is assigned ‘‘(1) DETERMINATION.— bear interest at a rate determined by the Ad-
a North American Industry Classification ‘‘(A) IN GENERAL.—Except as provided in ministrator of not more than 2 percent.
System code beginning with 31, 32, or 33 at paragraph (3), not later than 60 days after ‘‘(ii) ACCRUAL OF INTEREST.—Interest on
the time at which the small business concern the date on which the Administrator re- the bond shall accrue and shall be payable in
receives an investment from a participating ceives an application under subsection (c), accordance with subparagraph (D).
investment company under the facility; and the Administrator shall— ‘‘(iii) PREPAYMENT.—The bond shall be
‘‘(B) does not include an entity described ‘‘(i) make a final determination to approve prepayable without penalty after the end of
in section 7(a)(37)(A)(iv)(III) of the Small or disapprove such applicant to participate the 1-year period beginning on the date on
Business Act (15 U.S.C. 636(a)(37)(A)(iv)(III)). in the facility; and which the bond was purchased.
‘‘(2) FACILITY.—The term ‘facility’ means ‘‘(ii) transmit the determination to the ap- ‘‘(B) PROFITS.—
the facility established under subsection (b). plicant in writing. ‘‘(i) IN GENERAL.—The Administration shall
‘‘(3) FUND.—The term ‘Fund’ means the ‘‘(B) COMMITMENT AMOUNT.—Except as pro- be entitled to receive a share of the profits
fund established under subsection (h). vided in paragraph (3), at the time of ap- net of any profit sharing performance com-
‘‘(4) PARTICIPATING INVESTMENT COMPANY.— proval of an applicant, the Administrator pensation of the participating investment
The term ‘participating investment com- shall make a determination of the amount of company equal to the quotient obtained by
pany’ means a small business investment the commitment that may be awarded to the dividing—
company approved under subsection (d) to applicant under this section. ‘‘(I) one-third of the commitment that the
participate in the facility. ‘‘(2) SELECTION CRITERIA.—In making a de- participating investment company is ap-
‘‘(5) PROTÉGÉ INVESTMENT COMPANY.—The termination under paragraph (1), the Admin- proved for under subsection (d); by
term ‘protégé investment company’ means a istrator shall consider— ‘‘(II) the commitment approved under sub-
small business investment company that— ‘‘(A) the probability that the investment section (d) plus the regulatory capital of the
‘‘(A) is majority managed by new, inexperi- strategy of the applicant will successfully participating investment company at the
enced, or otherwise underrepresented fund repay any financial assistance provided by time of approval under that subsection.
managers; and the Administration, including the prob- ‘‘(ii) DETERMINATION OF PERCENTAGE.—The
‘‘(B) elects and is selected by the Adminis- ability of a return significantly in excess share to which the Administration is enti-
tration to participate in the pathway- thereof; tled under clause (i)—
protégé program under subsection (g). ‘‘(B) the probability that the investments ‘‘(I) shall be determined at the time of ap-
‘‘(6) SMALL BUSINESS CONCERN.—The term made by the applicant will— proval under subsection (d); and
‘small business concern’ has the meaning ‘‘(i) provide capital to eligible small busi- ‘‘(II) without the approval of the Adminis-
given the term in section 3(a) of the Small ness concerns; or tration, shall not be revised, including to re-
Business Act (15 U.S.C. 632(a)). ‘‘(ii) create or preserve jobs in the United flect subsequent distributions of profits, re-
‘‘(b) ESTABLISHMENT.— States; turns of capital, or repayments of bonds, or
‘‘(1) FACILITY.—The Administrator shall es- ‘‘(C) the probability that the applicant will otherwise.
tablish and carry out a facility to increase meet the objectives in the business plan of ‘‘(C) PROFIT SHARING PERFORMANCE COM-
resiliency in the manufacturing supply chain the applicant, including the financial goals, PENSATION.—
of eligible small business concerns by pro- and, if applicable, the pathway-protégé pro- ‘‘(i) RECEIPT BY ADMINISTRATION.—The Ad-
viding financial assistance to participating gram in accordance with subsection (g); and ministration shall receive a share of profits
investment companies that facilitate equity ‘‘(D) the probability that the applicant will of not more than 2 percent, which shall be
financings to eligible small business con- assist eligible small business concerns in deposited into the Fund and be available to
cerns in accordance with this section. achieving profitability. make commitments under this subsection.
‘‘(2) ADMINISTRATION OF FACILITY.—The fa- ‘‘(3) APPROVAL OF PARTICIPATING INVEST- ‘‘(ii) RECEIPT BY MANAGERS.—The managers
cility shall be administered by the Adminis- MENT COMPANIES.— of the participating investment company
trator acting through the Associate Admin- ‘‘(A) PROVISIONAL APPROVAL.— may receive a maximum profit sharing per-
istrator described in section 201. ‘‘(i) IN GENERAL.—Notwithstanding para- formance compensation of 25 percent minus
‘‘(c) APPLICATIONS.— graph (1), with respect to an application sub- the share of profits paid to the Administra-
‘‘(1) IN GENERAL.—Any small business in- mitted by an applicant to operate as a par- tion under clause (i).
vestment company may submit to the Ad- ticipating investment company under this ‘‘(D) PROHIBITION ON DISTRIBUTIONS.—No
ministrator an application to participate in section, the Administrator may provide pro- distributions on capital, including profit dis-
the facility. visional approval for the applicant in lieu of tributions, shall be made by the partici-
‘‘(2) REQUIREMENTS FOR APPLICATION.—An a final determination of approval and deter- pating investment company to the investors
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application to participate in the facility mination of the amount of the commitment or managers of the participating investment
shall include the following: under that paragraph. company until the Administration has re-
‘‘(A) A business plan describing how the ‘‘(ii) PURPOSE.—The purpose of a provi- ceived payment of all accrued interest on the
applicant intends to make successful equity sional approval under clause (i) is to— bond committed under this section.
investments in eligible small business con- ‘‘(I) encourage applications from invest- ‘‘(E) REPAYMENT OF PRINCIPAL.—Except as
cerns. ment companies with an investment man- described in subparagraph (F), repayments of
‘‘(B) Information regarding the relevant in- date from the committed private market principal of the bond of a participating in-
vestment qualifications and backgrounds of capital of the investment company that does vestment company shall be—
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3221
‘‘(i) made at the same time as returns of ments and purchasing bonds with equity fea- a new Directorate for Technology and
private capital; and tures under the facility and receiving capital Innovation in the National Science
‘‘(ii) in amounts equal to the pro rata returned by participating investment compa- Foundation, to establish a regional
share of the Administration of the total nies.
amount being repaid or returned at such
technology hub program, to require a
‘‘(2) USE OF FUNDS.—Amounts appropriated
time. to the Fund or deposited in the Fund under strategy and report on economic secu-
‘‘(F) LIQUIDATION OR DEFAULT.—Upon any paragraph (3) shall be available to the Ad- rity, science, research, innovation,
liquidation event or default, as defined by ministrator, without further appropriation, manufacturing, and job creation, to es-
the Administration, any unpaid principal or for making commitments and purchasing tablish a critical supply chain resil-
accrued interest on the bond shall— bonds under the facility and expenses and iency program, and for other purposes;
‘‘(i) have a priority over all equity of the payments, excluding administrative ex- which was ordered to lie on the table;
participating investment company; and penses, relating to the operations of the Ad- as follows:
‘‘(ii) be paid before any return of equity or ministrator under the facility.
any other distributions to the investors or At the end of title I of division E, add the
‘‘(3) DEPOSITING OF AMOUNTS.— following:
managers of the participating investment ‘‘(A) IN GENERAL.—All amounts received by
company. the Administrator from a participating in- SEC. 51ll. INVESTMENT OF THRIFT SAVINGS
‘‘(3) AMOUNT OF COMMITMENTS AND PUR- vestment company relating to the facility, FUND.
CHASES.— including any moneys, property, or assets Section 8438 of title 5, United States Code,
‘‘(A) MAXIMUM AMOUNT.—The maximum derived by the Administrator from oper- is amended by adding at the end the fol-
amount of outstanding bonds and commit- ations in connection with the facility, shall lowing:
ments to purchase bonds for any partici- be deposited in the Fund. ‘‘(i)(1) In this subsection—
pating investment company under the facil- ‘‘(B) PERIOD OF AVAILABILITY.—Amounts ‘‘(A) the term ‘PCAOB’ means the Public
ity shall be the lesser of— deposited under subparagraph (A) shall re- Company Accounting Oversight Board; and
‘‘(i) twice the amount of the regulatory main available until expended. ‘‘(B) the term ‘registered public accounting
capital of the participating investment com- ‘‘(i) APPLICATION OF OTHER SECTIONS.—To firm’ has the meaning given the term in sec-
pany; or the extent not inconsistent with require- tion 2(a) of the Sarbanes-Oxley Act of 2002 (15
‘‘(ii) $200,000,000. ments under this section, the Administrator U.S.C. 7201(a)).
‘‘(4) COMMITMENT PROCESS.—Commitments may apply sections 309, 311, 312, 313, and 314
by the Administration to purchase bonds ‘‘(2) Notwithstanding any other provision
to activities under this section and an offi-
under the facility shall remain available to of this section, no sums in the Thrift Savings
cer, director, employee, agent, or other par-
be sold by a participating investment com- Fund may be invested in any security that is
ticipant in a participating investment com-
pany until the end of the fourth fiscal year listed on an exchange in a jurisdiction in
pany shall be subject to the requirements
following the year in which the commitment which the PCAOB is prevented from con-
under such sections.
is made, subject to review and approval by ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ducting a complete inspection or investiga-
the Administration based on regulatory com- There is authorized to be appropriated for tion of a registered public accounting firm
pliance, financial status, change in manage- the first fiscal year beginning after the date under section 104 of the Sarbanes-Oxley Act
ment, deviation from business plan, and such of enactment of this part $10,000,000,000 to of 2002 (15 U.S.C. 7214) because of a position
other limitations as may be determined by carry out the facility. Amounts appropriated taken by an authority in that jurisdiction,
the Administration by regulation or other- pursuant to this subsection shall remain as determined by the PCAOB.
wise. available until the end of the second fiscal ‘‘(3) The Board shall consult with the Secu-
‘‘(5) COMMITMENT CONDITIONS.— year beginning after the date of enactment rities and Exchange Commission on a bien-
‘‘(A) IN GENERAL.—As a condition of receiv- of this section.’’. nial basis in order to ensure compliance with
ing a commitment under the facility, not (b) APPROVAL OF BANK-OWNED, NON-LEVER- paragraph (2).’’.
less than 50 percent of amounts invested by AGED APPLICANTS.—Section 301(c)(2) of the
the participating investment company shall Small Business Investment Act of 1958 (15 SA 1755. Mr. RUBIO submitted an
be invested in eligible small business con- U.S.C. 681(c)(2)) is amended— amendment intended to be proposed to
cerns. (1) in subparagraph (B), in the matter pre-
ceding clause (i), by striking ‘‘Within’’ and
amendment SA 1502 proposed by Mr.
‘‘(B) EXAMINATIONS.—In addition to the
matters set forth in section 310(c), the Ad- inserting ‘‘Except as provided in subpara- SCHUMER to the bill S. 1260, to establish
ministration shall examine each partici- graph (C), within’’; and a new Directorate for Technology and
pating investment company in such detail so (2) by adding at the end the following: Innovation in the National Science
as to determine whether the participating ‘‘(C) EXCEPTION FOR BANK-OWNED, NON-LE- Foundation, to establish a regional
investment company has complied with the VERAGED APPLICANTS.—Notwithstanding sub- technology hub program, to require a
requirements under this subsection. paragraph (B), not later than 45 days after strategy and report on economic secu-
‘‘(f) DISTRIBUTIONS AND FEES.— the date on which the Administrator re- rity, science, research, innovation,
‘‘(1) DISTRIBUTION REQUIREMENTS.— ceives a completed application submitted by
‘‘(A) DISTRIBUTIONS.—As a condition of re- manufacturing, and job creation, to es-
a bank-owned, non-leveraged applicant in ac-
ceiving a commitment under the facility, a cordance with this subsection and in accord-
tablish a critical supply chain resil-
participating investment company shall ance with such requirements as the Adminis- iency program, and for other purposes;
make all distributions to the Administrator trator may prescribe by regulation, the Ad- which was ordered to lie on the table;
in the same form and in a manner as are ministrator shall— as follows:
made to investors, or otherwise at a time ‘‘(i) review the application in its entirety; At the end of division F, insert the fol-
and in a manner consistent with regulations and lowing:
or policies of the Administration. ‘‘(ii)(I) approve the application and issue a
‘‘(B) ALLOCATIONS.—A participating invest- license for such operation to the applicant if TITLE IV—MEDICAL MANUFACTURING
ment company shall make allocations of in- the requirements of this section are satis- ECONOMIC DEVELOPMENT
come, gain, loss, deduction, and credit to the fied; or SEC. 6401. SHORT TITLE.
Administrator with respect to any out- ‘‘(II) disapprove the application and notify
standing bonds as if the Administrator were This title may be cited as the ‘‘Medical
the applicant in writing of the disapproval.’’. Manufacturing, Economic Development, and
an investor. (c) ELECTRONIC SUBMISSIONS.—Part A of
‘‘(2) FEES.—The Administrator may not Sustainability Act of 2021’’ or the ‘‘MMEDS
title III of the Small Business Investment Act of 2021’’.
charge fees for participating investment Act of 1958 (15 U.S.C. 681 et seq.), as amended
companies other than examination fees that by subsection (a) of this section, is amended SEC. 6402. ECONOMICALLY DISTRESSED ZONES.
are consistent with the license of the partici- by adding at the end the following: (a) IN GENERAL.—Chapter 1 of the Internal
pating investment company. ‘‘SEC. 322. ELECTRONIC SUBMISSIONS. Revenue Code of 1986 is amended by adding
‘‘(3) BIFURCATION.—Losses on bonds issued ‘‘The Administration shall permit any doc- at the end the following new subchapter:
by participating investment companies shall ument submitted under this title, or pursu- ‘‘Subchapter AA—Medical Product Manufac-
not be offset by fees or any other charges on ant to a regulation carrying out this title, to turing in Economically Distressed Zones
debenture small business investment compa- be submitted electronically, including by
nies. permitting an electronic signature for any ‘‘SUBCHAPTER AA—MEDICAL PRODUCT MANU-
‘‘(g) PROTÉGÉ PROGRAM.—The Adminis- signature that is required on such a docu- FACTURING IN ECONOMICALLY DISTRESSED
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trator shall establish a pathway-protégé pro- ment.’’. ZONES
gram in which a protégé investment com-
‘‘Sec. 1400AA–1. Medical product manufac-
pany may receive technical assistance and SA 1754. Mr. RUBIO (for himself, turing in economically dis-
program support from a participating invest- Mrs. SHAHEEN, Mr. SCOTT of Florida,
ment company on a voluntary basis and tressed zone credit.
Mr. YOUNG, and Ms. ERNST) submitted ‘‘Sec. 1400AA–2. Credit for economically dis-
without penalty for non-participation.
‘‘(h) LOSS LIMITING FUND.— an amendment intended to be proposed tressed zone products and serv-
‘‘(1) IN GENERAL.—There is established in to amendment SA 1502 proposed by Mr. ices acquired by domestic med-
the Treasury a fund for making commit- SCHUMER to the bill S. 1260, to establish ical product manufacturers.
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S3222 CONGRESSIONAL RECORD — SENATE May 20, 2021
‘‘Sec. 1400AA–3. Special rules to secure the which are allocable to employment in a ‘‘(1) 30 percent in the case of amounts paid
national supply chain. qualified medical product manufacturing fa- or incurred to persons not described in para-
‘‘Sec. 1400AA–4. Designation of economically cility: graph (2) or (3), and
distressed zones. ‘‘(i) Employer contributions under a stock ‘‘(2) 5 percent in the case of amounts paid
‘‘SEC. 1400AA–1. MEDICAL PRODUCT MANUFAC- bonus, pension, profit-sharing, or annuity or incurred to a related person.
TURING IN ECONOMICALLY DIS- plan. ‘‘(c) ELIGIBLE MEDICAL PRODUCT MANUFAC-
TRESSED ZONE CREDIT. ‘‘(ii) Employer-provided coverage under TURER.—For purposes of this section, the
‘‘(a) ALLOWANCE OF CREDIT.—There shall be any accident or health plan for employees. term ‘eligible medical product manufacturer’
allowed as a credit against the tax imposed ‘‘(iii) The cost of life or disability insur- means any person in the trade or business of
by subtitle A for the taxable year an amount ance provided to employees. producing medical products in the United
equal to 40 percent of the sum of— ‘‘(B) ALLOCATION.—For purposes of sub- States.
‘‘(1) the aggregate amount of the tax- paragraph (A), an amount shall be treated as ‘‘(d) QUALIFIED PRODUCT OR SERVICE.—For
payer’s medical product manufacturing eco- allocable to a qualified medical product purposes of this section, the term ‘qualified
nomically distressed zone wages for such manufacturing facility only if such amount product or service’ means—
taxable year, is with respect to employment of an indi- ‘‘(1) any product which is produced in an
‘‘(2) the allocable employee fringe benefit vidual for services provided, and the prin- economically distressed zone and which is
expenses of the taxpayer for such taxable cipal place of employment of whom is, in integrated into a medical product produced
year, and such facility. by the taxpayer, and
‘‘(3) the depreciation and amortization al- ‘‘(3) QUALIFIED MEDICAL PRODUCT MANUFAC- ‘‘(2) any service which is provided in an
lowances of the taxpayer for the taxable year TURING FACILITY.—The term ‘qualified med- economically distressed zone and which is
with respect to qualified medical product ical product manufacturing facility’ means necessary to the production of a medical
manufacturing facility property. any facility that— product by the taxpayer (including pack-
‘‘(b) DENIAL OF DOUBLE BENEFIT.—Any ‘‘(A) researches and develops or produces aging).
wages or other expenses taken into account medical products or essential components of ‘‘(e) RELATED PERSONS.—For purposes of
in determining the credit under this section medical products, and this section, persons shall be treated as re-
may not be taken into account in deter- ‘‘(B) is located within an economically dis- lated to each other if such persons would be
mining the credit under sections 41, and any tressed zone. treated as a single employer under the regu-
other provision determined by the Secretary ‘‘(4) QUALIFIED MEDICAL PRODUCT MANUFAC- lations prescribed under section 52(b).
to be substantially similar. TURING FACILITY PROPERTY.—The term ‘quali- ‘‘(f) OTHER TERMS.—Terms used in this sec-
‘‘(c) DEFINITIONS AND SPECIAL RULES.—For fied medical product manufacturing facility tion which are also used in section 1400AA–1
purposes of this section— property’ means any property originally shall have the same meaning as when used in
‘‘(1) ECONOMICALLY DISTRESSED ZONE used in (or consisting of) a qualified medical such section.
WAGES.— product manufacturing facility if such prop- ‘‘SEC. 1400AA–3. SPECIAL RULES TO SECURE THE
‘‘(A) IN GENERAL.—The term ‘economically erty is directly connected to the research, NATIONAL SUPPLY CHAIN.
distressed zone wages’ means amounts paid development, or production of a medical ‘‘(a) IN GENERAL.—In the case of a qualified
or incurred for wages during the taxable year product. repatriated pharmaceutical manufacturing
which are— ‘‘(5) MEDICAL PRODUCT; ESSENTIAL COMPO- facility, section 1400AA–1(a) shall be applied
‘‘(i) in connection with the active conduct NENT.— by substituting ‘60 percent’ for ‘40 percent’.
of a trade or business of the taxpayer, and ‘‘(A) MEDICAL PRODUCT.—The term ‘medical ‘‘(b) ELECTION TO EXPENSE IN LIEU OF TAX
‘‘(ii) paid or incurred for an employee the product’ means— CREDIT FOR DEPRECIATION.—In the case of a
principal place of employment of whom is in ‘‘(i) a drug that— taxpayer which elects (at such time and in
a qualified medical product manufacturing ‘‘(I) is a prescription drug subject to regu- such manner as the Secretary may provide)
facility of such taxpayer. lation under section 505 of the Federal Food, the application of this subsection with re-
‘‘(B) LIMITATION ON AMOUNT OF WAGES Drug, and Cosmetic Act (21 U.S.C. 355) or sec- spect to any qualified repatriated medical
TAKEN INTO ACCOUNT.— tion 351 of the Public Health Service Act (42 product manufacturing facility or qualified
‘‘(i) IN GENERAL.—The amount of wages U.S.C. 262); population health product manufacturing fa-
which may be taken into account under sub- ‘‘(II) is subject to regulation under section cility—
paragraph (A) with respect to any employee 802 of the Federal Food, Drug, and Cosmetic ‘‘(1) section 1400AA–1(a)(3) shall not apply
for any taxable year shall not exceed the Act (21 U.S.C. 382); or with respect to any qualified medical prod-
contribution and benefit base determined ‘‘(III) is described in section 201(jj) of such uct manufacturing facility property with re-
under section 230 of the Social Security Act Act (21 U.S.C. 321(jj)); or spect to such facility, and
for the calendar year in which such taxable ‘‘(ii) a device, as defined in section 201(h) of ‘‘(2) for purposes of section 168(k)—
year begins. such Act (21 U.S.C. 321(h)). ‘‘(A) such property shall be treated as
‘‘(ii) TREATMENT OF PART-TIME EMPLOYEES, ‘‘(B) ESSENTIAL COMPONENT.—The term ‘es- qualified property, and
ETC.—If— sential component’ means, with respect to a ‘‘(B) the applicable percentage with respect
‘‘(I) any employee is not employed by the medical product— to such property shall be 100 percent.
taxpayer on a substantially full-time basis ‘‘(i) an active pharmaceutical ingredient; ‘‘(c) QUALIFIED REPATRIATED MEDICAL
at all times during the taxable year, or or PRODUCT MANUFACTURING FACILITY.—For
‘‘(II) the principal place of employment of ‘‘(ii) a protein, antibody, enzyme, hormone, purposes of this section, the term ‘qualified
any employee is not within an economically or other organic material that is an active repatriated medical product manufacturing
distressed zone at all times during the tax- ingredient in a biological product. facility’ means any qualified medical prod-
able year, ‘‘(6) AGGREGATION RULES.— uct manufacturing facility (as defined in sec-
the limitation applicable under clause (i) ‘‘(A) IN GENERAL.—For purposes of this sec- tion 1400AA–1) the production of which was
with respect to such employee shall be the tion, members of an affiliated group shall be moved to an economically distressed zone
appropriate portion (as determined by the treated as a single taxpayer. from a foreign country that the United
Secretary) of the limitation which would ‘‘(B) AFFILIATED GROUP.—The term ‘affili- States Trade Representative has determined
otherwise be in effect under clause (i). ated group’ means an affiliated group (as de- could pose a risk to the national supply
‘‘(C) TREATMENT OF CERTAIN EMPLOYEES.— fined in section 1504(a), determined without chain because of political or social factors.
The term ‘economically distressed zone regard to section 1504(b)(3)) one or more ‘‘SEC. 1400AA–4. DESIGNATION OF ECONOMI-
wages’ shall not include any wages paid to members of which are engaged in the active CALLY DISTRESSED ZONES.
employees who are assigned by the employer conduct of a trade or business within an eco- ‘‘(a) IN GENERAL.—For purposes of this sub-
to perform services for another person, un- nomically distressed zone. chapter, the term ‘economically distressed
less the principal trade or business of the ‘‘SEC. 1400AA–2. CREDIT FOR ECONOMICALLY DIS- zone’ means any population census tract
employer is to make employees available for TRESSED ZONE PRODUCTS AND within the United States which—
SERVICES ACQUIRED BY DOMESTIC
temporary periods to other persons in return MEDICAL PRODUCT MANUFACTUR-
‘‘(1) has a poverty rate of not less than 35
for compensation. ERS. percent for each of the 5 most recent cal-
‘‘(D) WAGES.—For purposes of this para- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of endar years for which information is avail-
graph, the term ‘wages’ shall not include any an eligible medical product manufacturer, able, or
amounts which are allocable employee fringe ‘‘(2) satisfies each of the following require-
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there shall be allowed as a credit against the
benefit expenses. tax imposed by subtitle A for the taxable ments:
‘‘(2) ALLOCABLE EMPLOYEE FRINGE BENEFIT year an amount equal to the applicable per- ‘‘(A) The census tract has pervasive pov-
EXPENSES.— centage of the aggregate amounts paid or in- erty, unemployment, low labor force partici-
‘‘(A) IN GENERAL.—The term ‘allocable em- curred by the taxpayer during such taxable pation, and general distress measured as a
ployee fringe benefit expenses’ means the ag- year for qualified products or services. prolonged period of economic decline meas-
gregate amount allowable as a deduction ‘‘(b) APPLICABLE PERCENTAGE.—For pur- ured by real gross national product.
under this chapter to the taxpayer for the poses of this section, the term applicable ‘‘(B) The census tract has a poverty rate of
taxable year for the following amounts percentage means— not less than 30 percent for each of the 5
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3223
most recent calendar years for which infor- ‘‘(1) not later than 30 days after the date of (1) the recommendations and priorities de-
mation is available. the enactment of this section, a list of the veloped by the review established in section
‘‘(C) The census tract has been designated population census tracts described in sub- 2501B;
as such by the Secretary and the Secretary section (a)(1), and (2) the most recent national security strat-
of Commerce pursuant to an application ‘‘(2) not later than 60 days after the date of egy report submitted pursuant to section
under subsection (b). the enactment of this section, regulations or 1032 of the National Defense Authorization
‘‘(b) APPLICATION FOR DESIGNATION.— other guidance regarding the designation of Act for Fiscal Year 2012 (50 U.S.C. 3043);
‘‘(1) IN GENERAL.—An application for des- population census tracts described in sub- (3) other relevant national plans; and
ignation as an economically distressed zone section (a)(2).’’. (4) the strategic plans of relevant Federal
may be filed by a State or local government (b) CLERICAL AMENDMENT.—The table of departments and agencies.
in which the population census tract to subchapters for chapter 1 of the Internal (c) CONSULTATION.—The Director of the Of-
which the application applies is located. Revenue Code of 1986 is amended by adding fice of Science and Technology Policy shall
‘‘(2) REQUIREMENTS.—Such application at the end the following new item: consult, as necessary, with the Director of
shall include a strategic plan for accom- ‘‘SUBCHAPTER AA—MEDICAL PRODUCT MANU- the Office of Management and Budget and
plishing the purposes of this subchapter, FACTURING IN ECONOMICALLY DISTRESSED the heads of other appropriate elements of
which— ZONES’’. the Executive Office of the President to en-
‘‘(A) describes the coordinated economic, sure that the recommendations and prior-
(c) EFFECTIVE DATE.—The amendments ities delineated in the science and tech-
human, community, and physical develop- made by this section shall apply to taxable
ment plan and related activities proposed for nology strategy are incorporated in the de-
years beginning after December 31, 2020. velopment of annual budget requests.
the nominated area, SEC. 6403. REPORT ON NEED FOR INCENTIVIZING (d) REPORT.—The President shall submit to
‘‘(B) describes the process by which the af- DEVELOPMENT OF THERAPIES. Congress each year a comprehensive report
fected community is a full partner in the Not later than 90 days after the date of en- on the national science and technology
process of developing and implementing the actment of this Act, the Secretary of Health strategy of the United States. Each report
plan and the extent to which local institu- and Human Services shall examine and re- on the national science and technology
tions and organizations have contributed to port to the Congress on— strategy of the United States shall include a
the planning process, (1) the extent to which the health of aging description of—
‘‘(C) identifies the amount of State, local, individuals in the United States, African (1) strategic objectives and priorities nec-
and private resources that will be available Americans, Hispanics, Native Americans, essary to maintain the leadership of the
in the nominated area and the private/public veterans, or other vulnerable populations in United States in science and technology, in-
partnerships to be used, which may include the United States has been disproportion- cluding near-term, medium-term, and long-
participation by, and cooperation with, uni- ately harmed by the COVID–19 pandemic and term research priorities;
versities, medical centers, and other private prior epidemics and pandemics; (2) programs, policies, and activities that
and public entities, (2) the therapies currently available, and the President recommends across all Federal
‘‘(D) identifies the funding requested under whether there is a need for additional inno- agencies to achieve the strategic objectives
any Federal program in support of the pro- vation and development to produce thera- in paragraph (1); and
posed economic, human, community, and pies, to reduce the exposure of vulnerable (3) global trends in science and technology,
physical development and related activities, populations in the United States to risk of including potential threats to the leadership
‘‘(E) identifies baselines, methods, and disproportionate harm in epidemics and of the United States in science and tech-
benchmarks for measuring the success of pandemics; and nology.
carrying out the strategic plan, including (3) whether the Secretary recommends pro- (e) PUBLICATION.—The Director shall, con-
the extent to which poor persons and fami- viding the same incentives for the develop- sistent with the protection of national secu-
lies will be empowered to become economi- ment and marketing of therapies described rity and other sensitive matters to the max-
cally self-sufficient, and in paragraph (2) as is provided under the Fed- imum extent practicable, make each report
‘‘(F) does not include any action to assist eral Food, Drug, and Cosmetic Act (21 U.S.C. submitted under subsection (d) publicly
any establishment in relocating from one 301 et seq.) with respect to qualified infec- available on an internet website of the Office
area outside the nominated area to the nom- tious disease products designated under sec- of Science and Technology Policy.
inated area, except that assistance for the tion 505E(d) of such Act (21 U.S.C. 355f(d)). SEC. 2501B. INTERAGENCY QUADRENNIAL INNO-
expansion of an existing business entity --- VATION AND TECHNOLOGY REVIEW.
through the establishment of a new branch, SA 1756. Ms. CORTEZ MASTO (for (a) DEFINITIONS.—In this section:
affiliate, or subsidiary is permitted if— herself and Mr. DAINES) submitted an (1) APPROPRIATE COMMITTEES OF CON-
‘‘(i) the establishment of the new branch, amendment intended to be proposed to GRESS.—The term ‘‘appropriate committees
affiliate, or subsidiary will not result in a de- of Congress’’ means—
crease in employment in the area of original
amendment SA 1502 proposed by Mr.
(A) the Committee on Commerce, Science,
location or in any other area where the ex- SCHUMER to the bill S. 1260, to establish
and Transportation, the Committee on
isting business entity conducts business op- a new Directorate for Technology and Armed Services, the Committee on Appro-
erations, Innovation in the National Science priations, the Committee on Environment
‘‘(ii) there is no reason to believe that the Foundation, to establish a regional and Public Works, the Committee on Foreign
new branch, affiliate, or subsidiary is being technology hub program, to require a Relations, and the Committee on Homeland
established with the intention of closing strategy and report on economic secu- Security and Governmental Affairs of the
down the operations of the existing business rity, science, research, innovation, Senate; and
entity in the area of its original location or (B) the Committee on Energy and Com-
in any other area where the existing business
manufacturing, and job creation, to es-
merce, the Committee on Armed Services,
entity conducts business operation, and tablish a critical supply chain resil-
the Committee on Appropriations, the Com-
‘‘(iii) includes such other information as iency program, and for other purposes; mittee on Foreign Affairs, the Committee
may be required by the Secretary and the which was ordered to lie on the table; Science, Space, and Technology and the
Secretary of Commerce. as follows: Committee on Homeland Security of the
‘‘(c) PERIOD FOR WHICH DESIGNATIONS ARE At the appropriate place, insert the fol- House of Representatives.
IN EFFECT.—Designation as an economically lowing: (2) INTERAGENCY.—The term ‘‘interagency’’
distressed zone may be made at any time SEC. 2501A. NATIONAL SCIENCE AND TECH- with respect to a review means that the re-
during the 10-year period beginning on the NOLOGY STRATEGY. view is conducted in consultation and coordi-
date of the enactment of this section, and (a) IN GENERAL.—Not later than the end of nation between Federal agencies, including
shall remain in effect with respect to such each calendar year immediately after the the Department of Commerce, the Depart-
zone during the 15-year period beginning on calendar year in which a review under sec- ment of Transportation, the Department of
the date of such designation. Economically tion 2501B is completed, the Director of the Defense, the Department of Energy, the En-
distressed zones described in subsection Office of Science and Technology Policy, in vironmental Protection Agency, and such
(a)(1) shall take effect on the date of the en- consultation with the National Science and other related agencies as the Director of the
actment of this Act and shall remain in ef- Technology Council, shall develop and sub- Office of Science and Technology Policy con-
fect during the 15-year period beginning on mit to Congress a comprehensive national siders appropriate, as well as the following:
such date. science and technology strategy of the (A) The National Science and Technology
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‘‘(d) TERRITORIES AND POSSESSIONS.—The United States to meet national research and Council.
term ‘United States’ includes the 50 States, development objectives for the following 4- (B) The President’s Council of Advisors on
the District of Columbia, and the territories year period (in this section referred to as the Science and Technology.
and possessions of the United States. ‘‘national science and technology strategy’’). (C) The National Science Board.
‘‘(e) REGULATIONS.—The Secretary shall (b) REQUIREMENTS.—Each national science (D) the National Security Council.
issue such regulations or other guidance as and technology strategy required by sub- (E) The Council of Economic Advisers.
may be necessary or appropriate to carry out section (a) shall delineate a national science (F) The National Economic Council.
the purposes of this section, including— and technology strategy consistent with— (G) The Domestic Policy Council.
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S3224 CONGRESSIONAL RECORD — SENATE May 20, 2021
(H) The Office of the United States Trade grams to maintain American leadership in industrial-base, including the necessary do-
Representative. science and technology; mestic workforce, which may include the fol-
(b) INTERAGENCY QUADRENNIAL INNOVATION (3) assess the global competition in science lowing:
AND TECHNOLOGY REVIEW REQUIRED.— and technology and identify potential (I) Manufacturing and other industrial sub-
(1) IN GENERAL.—Not later than 1 year after threats to the leadership of the United sidies.
the date of the enactment of this division, States in science and technology; (II) Related tax benefits.
and every 4 years thereafter, the Director of (4) assess and make recommendations on (III) Investments in education and training
the Office of Science and Technology Policy the science, technology, engineering, mathe- for related industries.
shall complete an interagency review of the matics, and computer science workforce in (IV) Use of government procurement poli-
science and technology enterprise of the the United States; cies to encourage domestic production.
United States (in this section referred to as (5) assess and make recommendations to (V) Government-mandated production, in-
the ‘‘quadrennial innovation and technology improve regional innovation across the cluding under the Defense Production Act (50
review’’). United States; U.S.C. 4501 et seq.).
(2) SCOPE.—The quadrennial innovation (6) assess and identify the infrastructure (VI) Trade agreements that advantage or
and technology review shall be a comprehen- and tools needed to maintain the leadership make domestic manufacturing globally com-
sive examination of the science and tech- of the United States in science and tech- petitive.
nology strategy of the United States, includ- nology; and (VII) Export controls.
ing recommendations for maintaining global (7) review administrative or legislative (VIII) Supply chain policies.
leadership in science and technology and policies that affect the science and tech- (ii) The ability of the United States to at-
guidance on the coordination of programs, nology enterprise and identify and make rec- tract top research and development talent
assets, capabilities, budget, policies, and au- ommendations on policies that hinder re- from an international pool and how that con-
thorities across all Federal research and de- search and development in the United fers upon the United States a significant ad-
velopment programs to strengthen United States. vantage.
(d) MATTERS COVERED AND CONSIDER- (2) MODIFICATIONS.—In carrying out a quad-
State technology policy in order to cap-
ATIONS.—
italize on the opportunities, address the bar- rennial innovation and technology review,
(1) IN GENERAL.—Subject to paragraph (2), the Director may add or remove key tech-
riers, and incorporate the necessary safe-
each quadrennial innovation and technology nology focus areas covered by the review as
guards to protect our national and economic review shall cover such matters as the Direc-
security. the Director considers appropriate if the Di-
tor considers appropriate pursuant to an in-
(3) STRATEGIC FRAMEWORK AND PRIORITY rector determines that competitive threats
ternal process that the Director shall estab-
MISSIONS.—Each quadrennial innovation and to the United States have shifted.
lish to assess the timeliest activities and
technology review shall include development needs of the Federal Government, as well as (e) COOPERATION ON COLLECTION OF DATA
of a strategic framework and priority mis- with consideration given to the following: AND INFORMATION.—In carrying out each
sions by— (A) Technology development and deploy- quadrennial innovation and technology re-
(A) gathering current data on domestic and ment, including matters relating to the fol- view, the Director shall coordinate with such
global trends in innovation and technology; lowing: Federal agencies as the Director requires to
(B) developing an integrated view of, and (i) The Federal budget and the global com- collect data and information—
recommendations for, Federal technology petitiveness of the United States. (1) to recommend coordinated administra-
policy in the context of economic, occupa- (ii) High-level emerging computing and tive actions across Federal agencies;
tional, security, environmental, and health machine learning technologies, such as arti- (2) to identify the resources needed for the
and safety priorities, with specific attention ficial intelligence. safe invention, adoption, and integration of
given to the challenges, opportunities, and (iii) Quantum computing and high per- technologies;
safeguards needed for the technology devel- formance computing, semiconductors, and (3) to provide a strong analytical base for
opment of the United States; advanced computer hardware. Federal policy decisions;
(C) reviewing the adequacy, with respect to (iv) Essential public, private, private, and (4) to consider reasonable estimates of fu-
technology policy, of legislative and admin- consumer technologies such as access to ture Federal budgetary resources when mak-
istrative action in effect during the period high-quality broadband in the United States, ing recommendations; and
covered by the quadrennial innovation and including progress in the development of ad- (5) to provide Congress with such rec-
technology review, and developing rec- vanced wireless communication, the internet ommendations for action.
ommendations for additional legislative and of things, and intelligent transportation so- (f) LEVERAGING EXISTING WORK PRODUCT.—
administrative actions as appropriate; lutions, which all can contribute to smarter In carrying out each quadrennial innovation
(D) assessing and recommending priorities communities, including in rural, urban, sub- and technology review, the Director shall
for Federal research, development, dem- urban, and Tribal areas. make an effort to use or expand upon reports
onstration, adoption, commercialization, (v) Physical sciences, such as the develop- and assessments produced or being developed
and security programs to support key tech- ment of clean energy technologies and envi- by the various elements of the Federal Gov-
nology-innovation goals; ronmental solutions, biomedical and bio- ernment, in accordance with all applicable
(E) developing recommendations regarding technology innovation, and robotic tech- provisions of law.
the analytical tools and data needed to sup- nology.
port further policy development and imple- (vi) Such other matters as the Director (g) REPORTING.—
mentation; and considers appropriate for the review. (1) IN GENERAL.—Not later than December
(F) developing recommendations for devel- (B) Innovation and technology safeguards, 31 of the year in which a quadrennial innova-
opment of a Federal budget and for Federal including matters relating to the following: tion and technology review is conducted, the
regulatory actions. (i) Algorithmic and biometric bias. Director shall submit to Congress a report
(4) CONSULTATION.—In carrying out each (ii) Cybersecurity. on the review.
quadrennial innovation and technology re- (iii) Data privacy. (2) PUBLICATION.—The Director shall, con-
view, the Director of the Office of Science (iv) The effects of United States tech- sistent with the protection of national secu-
and Technology Policy shall consult with nology exports on the following: rity and other sensitive matters to the max-
the following: (I) International human rights law viola- imum extent possible, make each report sub-
(A) Congress. tions. mitted under paragraph (1) publicly avail-
(B) Federal agencies, including Federal (II) Aid to illiberal and authoritarian re- able on an internet website of the Office of
agencies not described in subsection (a)(2). gimes. Science and Technology Policy.
(C) Experts in national security. (III) The environment and ecological (h) PERIODIC REPORTS.—
(D) Representatives of specific technology health. (1) IN GENERAL.—Not later than 30 days
industries, as the Director considers appro- (IV) Such other United States policy goals after completion of a quadrennial innovation
priate. that the Director considers relevant. and technology review, the Director shall
(E) Academics. (v) Market competitiveness of national and submit to the appropriate committees of
(F) State, local, and Tribal governments. international technology companies, fac- Congress a comprehensive report on the re-
(G) Nongovernmental organizations. toring in United States startups and small view.
(H) The public. business concerns. (2) CONTENTS.—Each report submitted
(c) CONTENTS.—In each quadrennial innova- (vi) The role of the United States in inter- under paragraph (1) shall include the fol-
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tion and technology review, the Director national standards-setting processes con- lowing:
shall— cerning issues of functionality, operability, (A) The assessments of the Director for im-
(1) provide an integrated view of, and rec- safety, and human rights. provements to the quadrennial innovation
ommendations for, science and technology (C) Workforce and manufacturing capabili- and technology review, including rec-
policy across the Federal Government, while ties, including the following: ommendations for additional matters to be
considering economic and national security; (i) Assessment of current Federal, State, or covered in the review.
(2) assess and recommend priorities for re- local policies relating to expanding and re- (B) Such other matters as the Director
search, development and demonstration pro- taining the United States technological and considers appropriate.
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3225
(3) FORM.—Each report submitted under (c) DUTIES.— private entity described in that paragraph,
paragraph (1) shall be submitted in unclassi- (1) STRATEGIC PLAN.—Not later than one as appropriate, through a tiered process that
fied form, but may include a classified year after the date of the enactment of this reflects the profitability of the relevant
annex. Act, the Task Force shall develop a long- product or service.
(i) INTERIM ASSESSMENT.—Not later than 30 term strategic plan for the United States to ‘‘(3) USE OF FUNDS.—Amounts received by
months after the date of the submittal of the lead emerging technology standards-setting the Administrator in accordance with an
first report under subsection (h)(1), the Di- processes. agreement under paragraph (2) shall be used
rector shall submit to the appropriate com- (2) ADDITIONAL DUTIES.—In carrying out by the Administrator in the following order
mittees of Congress an assessment of the paragraph (1), the Task Force shall— of priority:
most recently completed quadrennial inno- (A) assess which technology standards ‘‘(A) To defray the operating cost of the
vation and technology review, including— (such as fifth and sixth generation wireless ISS.
(1) an assessment of the implementation by networking technology and artificial intel- ‘‘(B) To develop, implement, or operate fu-
the Office of Science and Technology Policy ligence) have the greatest effect on national ture low-Earth orbit platforms or capabili-
of the strategic framework developed under security and economic competitiveness; ties.
subsection (b)(3) as part of such review; and (B) describe and analyze the ways in which ‘‘(C) To develop, implement, or operate fu-
(2) an assessment whether such strategic standards setting processes can be misused ture human deep space platforms or capabili-
framework requires revision as a result of by governments for protectionist ends and ties.
changes in assumptions, policy, or other fac- human rights abuses; ‘‘(D) Any other costs the Administrator
tors. (C) establish and execute a strategy to en- considers appropriate.
sure credibility and engagement with inter- ‘‘(4) REPORT.—On completion of the first
SA 1757. Ms. CORTEZ MASTO (for national institutions; and annual review under paragraph (1), and annu-
herself and Mr. PORTMAN) submitted an (D) develop a list of allies and partners ally thereafter, the Administrator shall sub-
amendment intended to be proposed to with which to align with respect to the mit to the appropriate committees of Con-
amendment SA 1502 proposed by Mr. strategy to be established and executed gress a report that includes a description of
SCHUMER to the bill S. 1260, to establish under subparagraph (B). the results of the annual review, any agree-
a new Directorate for Technology and (d) ENGAGEMENT.—In carrying out the du- ment entered into under this section, and
Innovation in the National Science ties of the Task Force, the Task Force shall the amounts recouped or obtained under any
engage with academia and the private sector. such agreement.
Foundation, to establish a regional (e) STAFF.—The Chairperson of the Task
technology hub program, to require a ‘‘(b) LICENSING AND ASSIGNMENT OF INVEN-
Force may appoint or delegate an executive
strategy and report on economic secu- TIONS.—Notwithstanding sections 3710a and
director and such other additional personnel
rity, science, research, innovation, 3710c of title 15 and any other provision of
as may be necessary to enable the Task
law, after payment in accordance with sub-
manufacturing, and job creation, to es- Force to perform its duties.
section (A)(i) of such section 3710c(a)(1)(A)(i)
tablish a critical supply chain resil- to the inventors who have directly assigned
iency program, and for other purposes; SA 1758. Mrs. SHAHEEN (for herself
to the Federal Government their interests in
which was ordered to lie on the table; and Mr. MORAN) submitted an amend-
an invention under a written contract with
as follows: ment intended to be proposed to the Administration or the ISS management
At the appropriate place, insert the fol- amendment SA 1502 proposed by Mr. entity for the performance of a designated
lowing: SCHUMER to the bill S. 1260, to establish activity, the balance of any royalty or other
SEC. lll. ESTABLISHMENT OF EMERGING a new Directorate for Technology and payment received by the Administrator or
TECHNOLOGY STANDARDS-SETTING Innovation in the National Science the ISS management entity from licensing
TASK FORCE. Foundation, to establish a regional and assignment of such invention shall be
(a) ESTABLISHMENT.— paid by the Administrator or the ISS man-
technology hub program, to require a
(1) IN GENERAL.—The Director of the Office agement entity, as applicable, to the Space
of Science and Technology Policy shall es- strategy and report on economic secu-
Exploration Fund.
tablish a task force on setting emerging rity, science, research, innovation,
manufacturing, and job creation, to es- ‘‘(c) SPACE EXPLORATION FUND.—
technology standards.
‘‘(1) ESTABLISHMENT.—There is established
(2) DESIGNATION.—The task force estab- tablish a critical supply chain resil-
in the Treasury of the United States a fund,
lished under paragraph (1) shall be known as iency program, and for other purposes; to be known as the ‘Space Exploration Fund’
the ‘‘Emerging Technology Standards-Set- which was ordered to lie on the table; (referred to in this subsection as the ‘Fund’),
ting Task Force’’ (in this section referred to as follows: to be administered by the Administrator.
as the ‘‘Task Force’’).
(b) MEMBERSHIP.— Strike subsection (b) of section 2627 and in- ‘‘(2) USE OF FUND.—The Fund shall be
(1) COMPOSITION.—The Task Force shall be sert the following: available to carry out activities described in
composed of members as follows: (b) IN GENERAL.—Subchapter III of chapter subsection (a)(3).
(A) The Director. 201 of title 51, United States Code, as amend- ‘‘(3) DEPOSITS.—There shall be deposited in
(B) At least two individuals selected by the ed by section 2627, is further amended by the Fund—
Secretary of Commerce, one whom— adding at the end the following: ‘‘(A) amounts appropriated to the Fund;
(i) at least one shall be selected by the Sec- ‘‘§ 20152 Payments received for commercial ‘‘(B) fees collected by the Administrator
retary to represent the Department of Com- space-enable production under subsection (a);
merce generally; and ‘‘(a) ANNUAL REVIEW.— ‘‘(C) royalties and other payments col-
(ii) at least one shall be selected by the ‘‘(1) IN GENERAL.—Not later than one year lected by the Administrator or the ISS man-
Secretary to represent the National Insti- after the date of the enactment of this sec- agement entity under subsection (b); and
tute of Standards and Technology. tion, and annually thereafter, the Adminis- ‘‘(D) donations or contributions designated
(C) At least one individual selected by the trator shall review the profitability of any to support authorized activities.
Secretary of State to represent the Depart- partnership with a private entity under a ‘‘(4) RULE OF CONSTRUCTION.—Amounts
ment of State. contract in which the Administrator— available to the Administrator under this
(D) At least one individual selected by the ‘‘(A) permits the use of the ISS by such subsection shall be—
Secretary of Defense to represent the De- private entities to produce a commercial ‘‘(A) in addition to amounts otherwise
partment of Defense. product or service; and made available for the purpose described in
(E) At least one individual selected by the ‘‘(B) provides the total unreimbursed cost paragraph (2); and
Secretary of Energy to represent the Depart- of a contribution by the Federal Government ‘‘(B) available for a period of 5 years.
ment of Energy. for the use of Federal facilities, equipment, ‘‘(5) LIMITATION ON COLLECTION AND AVAIL-
ABILITY.—Fees under paragraph (3)(B) and
(F) At least one individual selected by the materials, proprietary information of the
Secretary of Labor to represent the Depart- Federal Government, or services of a Federal donations and contributions under paragraph
ment of Labor. employee during working hours, including 3(D) shall be collected and available pursu-
(G) At least one individual selected by the the cost for the Administration to carry out ant to this subsection only to the extent and
Secretary of Transportation to represent the its responsibilities under paragraphs (1) and in such amounts as provided in advance in
Department of Transportation. (4) of section 504(d) of the National Aero- appropriations Acts.
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(H) At least one individual selected by the nautics and Space Administration Author- ‘‘(d) DEFINITIONS.—
Attorney General to represent the Depart- ization Act of 2010 (42 U.S.C. 18354(d)). ‘‘(1) IN GENERAL.—In this section, any term
ment of Justice. ‘‘(2) NEGOTIATION OF REIMBURSEMENTS.— used in this section that is also used in sec-
(I) At least one individual selected by the Subject to the review described in paragraph tion 20150 shall have the meaning given the
Secretary of the Treasury to represent the (1), the Administrator shall seek to enter term in that section.
Department of the Treasury. into an agreement to negotiate reimburse- ‘‘(2) APPROPRIATE COMMITTEES OF CON-
(2) CHAIRPERSON.—The Chairperson of the ments for payments received, or portions of GRESS.—The term ‘appropriate committees
Task Force shall be the Director. profits created, by any mature, profitable of Congress’ means—
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S3226 CONGRESSIONAL RECORD — SENATE May 20, 2021
‘‘(A) the Committee on Commerce, ‘‘(1) shall establish a Toxic Special Expo- tional Illness Compensation Program Act of
Science, and Transportation and the Com- sure Cohort; and 2000 (42 U.S.C. 7385s–4(c)(1)) is amended by in-
mittee on Appropriations of the Senate; and ‘‘(2) as the Secretary determines appro- serting ‘‘(including chemicals or combina-
‘‘(B) the Committee on Science, Space, and priate in accordance with the rules promul- tions or mixtures of a toxic substance, in-
Technology and the Committee on Appro- gated under subsection (b), may designate cluding heavy metals, and radiation)’’ after
priations of the House of Representatives.’’. classes of Department of Energy employees, ‘‘toxic substance’’ each place such term ap-
--- Department of Energy contractor employees, pears.
SA 1759. Mrs. MURRAY (for herself, or atomic weapons employees as members of SEC. 6403. PROVIDING INFORMATION REGARD-
Mr. MANCHIN, and Mr. PADILLA) sub- the Toxic Special Exposure Cohort. ING DEPARTMENT OF ENERGY FA-
mitted an amendment intended to be ‘‘(b) PROMULGATION OF RULES.—Not later CILITIES.
than 1 year after the date of enactment of Subtitle E of the Energy Employees Occu-
proposed to amendment SA 1502 pro-
the Toxic Exposure Safety Act of 2021, the pational Illness Compensation Program Act
posed by Mr. SCHUMER to the bill S. Secretary of Health and Human Services of 2000 (42 U.S.C. 7385s et seq.) is amended by
1260, to establish a new Directorate for shall promulgate rules— inserting after section 3681 the following:
Technology and Innovation in the Na- ‘‘(1) establishing a process to determine ‘‘SEC. 3681A. COMPLETION AND UPDATES OF SITE
tional Science Foundation, to establish whether there are classes of Department of EXPOSURE MATRICES.
a regional technology hub program, to Energy employees, Department of Energy ‘‘(a) DEFINITION.—In this section, the term
require a strategy and report on eco- contractor employees, or other classes of em- ‘site exposure matrices’ means an exposure
nomic security, science, research, inno- ployees employed at any Department of En- assessment of a Department of Energy facil-
ergy facility— ity that identifies the toxic substances or
vation, manufacturing, and job cre- ‘‘(A) who were at least as likely as not ex- processes that were used in each building or
ation, to establish a critical supply posed to toxic substances at a Department of process of the facility, including the trade
chain resiliency program, and for other Energy facility; and name (if any) of the substance.
purposes; which was ordered to lie on ‘‘(B) for whom the Secretary of Health and ‘‘(b) IN GENERAL.—Not later than 180 days
the table; as follows: Human Services has determined, after tak- after the date of enactment of the Toxic Ex-
At the end, add the following: ing into consideration the recommendations posure Safety Act of 2021, the Secretary of
of the Advisory Board on Toxic Substances Labor shall, in coordination with the Sec-
TITLE IV—TOXIC EXPOSURE SAFETY ACT
and Worker Health on the matter, that it is retary of Energy, create or update site expo-
OF 2021
not feasible to estimate with sufficient accu- sure matrices for each Department of Energy
SECTION 6401. SHORT TITLE. facility based on the records, files, and other
racy the frequency, intensity, and duration
This title may be cited as the ‘‘Toxic Expo- of exposure they received; and data provided by the Secretary of Energy
sure Safety Act of 2021’’. ‘‘(2) regarding how the Secretary of Health and such other information as is available,
SEC. 6402. ESTABLISHING A TOXIC SPECIAL EX- and Human Services will designate employ- including information available from the
POSURE COHORT.
ees, or classes of employees, described in former worker medical screening programs
(a) EXPANSION OF COVERED EMPLOYEES AND paragraph (1) as members of the Toxic Spe- of the Department of Energy.
DEFINITION OF COVERED ILLNESSES UNDER cial Exposure Cohort established under sub- ‘‘(c) PERIODIC UPDATE.—Beginning 90 days
SUBTITLE E.—Section 3671 of the Energy Em- section (a)(1), which shall include a require- after the initial creation or update described
ployees Occupational Illness Compensation ment that the Secretary shall make initial in subsection (b), and each 90 days there-
Program Act of 2000 (42 U.S.C. 7385s) is determinations regarding such designations. after, the Secretary shall update the site ex-
amended— ‘‘(c) REPORT TO CONGRESS.— posure matrices with all information avail-
(1) in paragraph (1)— ‘‘(1) IN GENERAL.—Not later than 180 days able as of such time from the Secretary of
(A) by striking ‘‘employee determined after the date of enactment of the Toxic Ex- Energy.
under’’ and inserting the following: ‘‘em- posure Safety Act of 2021, the Secretary of ‘‘(d) INFORMATION.—The Secretary of En-
ployee determined— Health and Human Services shall submit to ergy shall furnish to the Secretary of Labor
‘‘(A) under’’; the relevant committees of Congress a report any information that the Secretary of Labor
(B) by striking the period at the end and that identifies each of the following: finds necessary or useful for the production
inserting ‘‘; or’’; and ‘‘(A) A list of cancers and other illnesses of the site exposure matrices under this sec-
(C) by adding at the end the following: associated with toxic substances that pose, tion, including records from the Department
‘‘(B) to have contracted a covered illness or posed, a hazard in the work environment of Energy former worker medical screening
and be a member of the Toxic Special Expo- at any Department of Energy facility. program.
sure Cohort established under section ‘‘(B) The minimum duration of work re- ‘‘(e) PUBLIC AVAILABILITY.—The Secretary
3671A.’’; and quired to qualify for the Toxic Special Expo- of Labor shall make available to the public,
(2) by striking paragraph (2) and inserting sure Cohort established under subsection on the primary website of the Department of
the following: (a)(1). Labor—
‘‘(2) The term ‘covered illness’ means an ‘‘(C) The class of employees that are des- ‘‘(1) the site exposure matrices, as periodi-
occupational illness or death resulting from ignated as members in the Toxic Special Ex- cally updated under subsections (b) and (c);
exposure to a toxic substance, including— posure Cohort. ‘‘(2) each site profile prepared under sec-
‘‘(A) all forms of cancer; ‘‘(2) RELEVANT COMMITTEES OF CONGRESS tion 3633(a);
‘‘(B) malignant mesothelioma; DEFINED.—In this subsection, the term ‘rel- ‘‘(3) any other database used by the Sec-
‘‘(C) pneumoconiosis, including silicosis, evant committees of Congress’ means— retary of Labor to evaluate claims for com-
asbestosis, and other pneumoconiosis, and ‘‘(A) the Committee on Armed Services, pensation under this title; and
other asbestos-related diseases, including as- Committee on Appropriations, Committee on ‘‘(4) statistical data, in the aggregate and
bestos-related pleural disease; Energy and Natural Resources, and the Com- disaggregated by each Department of Energy
‘‘(D) any illness identified in a health stud- mittee on Health, Education, Labor, and facility, regarding—
ies report under section 6405(f)(4) of the Pensions of the Senate; and ‘‘(A) the number of claims filed under this
Toxic Exposure Safety Act of 2021 or a report ‘‘(B) the Committee on Armed Services, subtitle and the number of claims filed by
under section 3615(f)(2)(D); and Committee on Appropriations, Committee on members of the Toxic Special Exposure Co-
‘‘(E) any additional illness that the Sec- Energy and Commerce, and the Committee hort who are covered under subtitle B;
retary of Health and Human Services des- on Education and Labor of the House of Rep- ‘‘(B) the types of illnesses claimed;
ignates by regulation, as such Secretary de- resentatives.’’. ‘‘(C) the number of claims filed for each
termines appropriate based on— (c) ALLOWING SUBTITLE B CLAIMS FOR ELI- type of illness and, for each claim, whether
‘‘(i) the results of the report under section GIBLE EMPLOYEES WHO ARE MEMBERS OF THE the claim was approved or denied;
3671A(c); and TOXIC SPECIAL EXPOSURE COHORT.—Section ‘‘(D) the number of claimants receiving
‘‘(ii) the determinations made by such Sec- 3621(1) of the Energy Employees Occupa- compensation; and
retary in establishing a Toxic Special Expo- tional Illness Compensation Program Act of ‘‘(E) the length of time required to process
sure Cohort under section 3671A.’’. 2000 (42 U.S.C. 7384l(1)) is amended by adding each claim, as measured from the date on
(b) DESIGNATION OF TOXIC SPECIAL EXPO- at the end the following: which the claim is filed to the final disposi-
SURE COHORT.—Subtitle E of the Energy Em- ‘‘(D) A Department of Energy employee or tion of the claim.
ployees Occupational Illness Compensation atomic weapons employee who— ‘‘(f) FUNDING.—There is authorized and
Program Act of 2000 (42 U.S.C. 7385s et seq.) hereby appropriated to the Secretary of En-
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‘‘(i) has contracted a covered illness (as de-
is amended by inserting after section 3671 fined in section 3671); and ergy, for fiscal year 2021 and each succeeding
the following: ‘‘(ii) satisfies the requirements established year, such sums as may be necessary to sup-
‘‘SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPE- by the Secretary of Health and Human Serv- port the Secretary of Labor in creating or
CIAL EXPOSURE COHORT. ices for the Toxic Special Exposure Cohort updating the site exposure matrices.’’.
‘‘(a) CERTAIN DESIGNATIONS.—The Sec- under section 3671A.’’. SEC. 6404. ASSISTING CURRENT AND FORMER
retary of Health and Human Services, acting (d) CLARIFICATION OF TOXIC SUBSTANCE EX- EMPLOYEES UNDER THE EEOICPA.
through the Director of the Centers for Dis- POSURE FOR COVERED ILLNESSES.—Section (a) PROVIDING INFORMATION AND OUT-
ease Control and Prevention— 3675(c)(1) of the Energy Employees Occupa- REACH.—Subtitle A of the Energy Employees
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3227
Occupational Illness Compensation Program allow industrial hygienists to contact and section 101 of the Higher Education Act of
Act of 2000 (42 U.S.C. 7384d et seq.) is amend- interview current or former employees or 1965 (20 U.S.C. 1001); and
ed— Department of Energy contractor employees (3) the term ‘‘Secretary’’ means the Sec-
(1) by redesignating section 3614 as section regarding the employee’s claim under sub- retary of Health and Human Services.
3616; and title B or E.’’. (b) ESTABLISHMENT.—The Secretary, acting
(2) by inserting after section 3613 the fol- (b) EXTENDING APPEAL PERIOD.—Section through the Director of the National Insti-
lowing: 3677(a) of the Energy Employees Occupa- tute of Environmental Health Sciences and
‘‘SEC. 3614. INFORMATION AND OUTREACH. tional Illness Compensation Program Act of in collaboration with the Director of the
2000 (42 U.S.C. 7385s–6(a)) is amended by Centers for Disease Control and Prevention,
‘‘(a) ESTABLISHMENT OF TOLL-FREE INFOR-
striking ‘‘60 days’’ and inserting ‘‘180 days’’. shall conduct or support research on the epi-
MATION PHONE NUMBER.—By not later than (c) FUNDING.—Section 3684 of the Energy
January 1, 2022, the Secretary of Labor shall demiological impacts of exposures to toxic
Employees Occupational Illness Compensa- substances at Department of Energy facili-
establish a toll-free phone number that cur- tion Program Act of 2000 (42 U.S.C. 7385s–13) ties.
rent or former employees of the Department is amended— (c) USE OF FUNDS.—Research under sub-
of Energy, or current or former Department (1) by striking ‘‘There is authorized’’ and section (b) may include research on the epi-
of Energy contractor employees, may use in inserting the following: demiological, clinical, or health impacts on
order to receive information regarding— ‘‘(a) IN GENERAL.—There is authorized’’; individuals who were exposed to toxic sub-
‘‘(1) the compensation program under sub- (2) by inserting before the period at the end stances in or near the tank or other storage
title B or E; the following: ‘‘, including the amounts nec- farms and other relevant Department of En-
‘‘(2) information regarding the process of essary to carry out the requirements of sec- ergy facilities through their work at such
submitting a claim under either compensa- tion 3681A’’; and sites.
tion program; (3) by adding at the end the following: (d) ELIGIBILITY AND APPLICATION.—Any in-
‘‘(3) assistance in completing the occupa- ‘‘(b) ADMINISTRATIVE COSTS FOR DEPART- stitution of higher education or the National
tional health questionnaire required as part MENT OF ENERGY.—There is authorized and Academy of Sciences may apply for funding
of a claim under subtitle B or E; hereby appropriated to the Secretary of En- under this section by submitting to the Sec-
‘‘(4) the next steps to take if a claim under ergy for fiscal year 2021 and each succeeding retary an application at such time, in such
subtitle B or E is accepted or denied; and year such sums as may be necessary to sup- manner, and containing or accompanied by
‘‘(5) such other information as the Sec- port the Secretary in carrying out the re-
such information as the Secretary may re-
retary determines necessary to further the quirements of this title, including section
quire.
purposes of this title. 3681A.’’. (e) RESEARCH COORDINATION.—The Sec-
‘‘(b) ESTABLISHMENT OF RESOURCE AND AD- (d) ADVISORY BOARD ON TOXIC SUBSTANCES
retary shall coordinate activities under this
VOCACY CENTERS.— AND WORKER HEALTH.—Section 3687 of the
section with similar activities conducted by
‘‘(1) IN GENERAL.—By not later than Janu- Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. the Department of Health and Human Serv-
ary 1, 2023, the Secretary of Energy, in co- ices to the extent that other agencies have
ordination with the Secretary of Labor, shall 7385s–16) is amended—
(1) in subsection (b)— responsibilities that are related to the study
establish a resource and advocacy center at of epidemiological, clinical, or health im-
each Department of Energy facility where (A) in paragraph (1)(F), by striking ‘‘and’’
after the semicolon; pacts of exposures to toxic substances.
cleanup operations are being carried out, or (f) HEALTH STUDIES REPORT TO SEC-
(B) in paragraph (2), by striking the period
have been carried out, under the environ- RETARY.—Not later than 1 year after the end
at the end and inserting a semicolon; and
mental management program of the Depart- of the funding period for research under this
(C) by adding at the end the following:
ment of Energy. Each such resource and ad- section, the funding recipient shall prepare
‘‘(3) develop recommendations for the Sec-
vocacy center shall assist current or former and submit to the Secretary a final report
retary of Health and Human Services regard-
Department of Energy employees and cur- that—
ing—
rent or former Department of Energy con- (1) summarizes the findings of the re-
‘‘(A) whether there is a class of Depart-
tractor employees, by enabling the employ- search;
ment of Energy employees, Department of
ees and contractor employees to— (2) includes recommendations for any addi-
Energy contractor employees, or other em-
‘‘(A) receive information regarding all re- tional studies;
ployees at any Department of Energy facil-
lated programs available to them relating to (3) describes any classes of employees that,
ity who were at least as likely as not ex-
potential claims under this title, including— based on the results of the study and in ac-
posed to toxic substances at that facility but
‘‘(i) programs under subtitles B and E; and cordance with the rules promulgated by the
for whom it is not feasible to estimate with
‘‘(ii) the former worker medical screening Secretary under section 3671A(b) of the En-
sufficient accuracy the dose they received;
program of the Department of Energy; and ergy Employees Occupational Illness Com-
and
‘‘(B) navigate all such related programs. pensation Program Act of 2000 (as added by
‘‘(B) the conditions or requirements that
‘‘(2) COORDINATION.—The Secretary of En- this title), qualify for inclusion in the Toxic
should be met in order for an individual to be
ergy shall integrate other programs avail- Special Exposure Cohort under such section
designated as a member of the Special Expo-
able to current and former employees, and 3671A; and
sure Cohort under section 3671A; and
current or former Department of Energy (4) describes any illnesses to be included as
‘‘(4) review all existing, as of the date of
contractor employees, which are related to covered illnesses under section 3671(2)(D) of
the review, rules and guidelines issued by the
the purposes of this title, with the resource the Energy Employees Occupational Illness
Secretary regarding presumption of causa-
and advocacy centers established under para- Compensation Program Act of 2000 (42 U.S.C.
tion and provide the Secretary with rec-
graph (1), as appropriate. 7385s(2)(D)).
ommendations for new rules and guidelines
‘‘(c) INFORMATION.—The Secretary of Labor (g) REPORT TO CONGRESS.—
regarding presumption of causation.’’;
shall develop and distribute, through the re- (1) IN GENERAL.—Not later than 120 days
(2) in subsection (c)(3), by inserting ‘‘or the
source and advocacy centers established after the date on which the reports under
Board’’ after ‘‘The Secretary’’;
under subsection (b) and other means, infor- subsection (f) are due, the Secretary shall—
(3) by redesignating subsections (h) and (i)
mation (which may include responses to fre- (A) designate all classes of employees de-
as subsections (i) and (j), respectively; and
quently asked questions) for current or scribed in the report under subsection (f)(3)
(4) by inserting after subsection (g) the fol-
former employees or current or former De- as members of the Toxic Special Exposure
lowing:
partment of Energy contractor employees ‘‘(h) REQUIRED RESPONSES TO BOARD REC- Cohort under section 3671A of the Energy
about the programs under subtitles B and E OMMENDATIONS.—Not later than 90 days after
Employees Occupational Illness Compensa-
and the claims process under such programs. the date on which the Secretary of Labor tion Program Act of 2000 (as added by this
‘‘(d) COPY OF EMPLOYEE’S CLAIMS and the Secretary of Health and Human title);
RECORDS.— Services receives recommendations in ac- (B) prepare and submit to the relevant
‘‘(1) IN GENERAL.—The Secretary of Labor cordance with paragraph (1), (3), or (4) of sub- committees of Congress a report—
shall, upon the request of a current or section (b), such Secretary shall submit for- (i) summarizing the findings from the re-
former employee or Department of Energy mal responses to each recommendation to ports required under subsection (f);
contractor employee, provide the employee the Board and Congress.’’. (ii) identifying the classes of employees
with a complete copy of all records or other SEC. 6405. RESEARCH PROGRAM ON EPIDEMIO- designated under subparagraph (A);
materials held by the Department of Labor LOGICAL IMPACTS OF TOXIC EXPO- (iii) identifying any new illnesses that, as
relating to the employee’s claim under sub- SURES. a result of the study, will be included as cov-
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title B or E. (a) DEFINITIONS.—In this section— ered illnesses, pursuant to subsection (f)(4)
‘‘(2) CHOICE OF FORMAT.—The Secretary of (1) the term ‘‘Department of Energy facil- and section 3671(2)(D) of the Energy Employ-
Labor shall provide the copy of records de- ity’’ has the meaning given the term in sec- ees Occupational Illness Compensation Pro-
scribed in paragraph (1) to an employee in tion 3621 of the Energy Employees Occupa- gram Act of 2000 (42 U.S.C. 7385s(2)(D)); and
electronic or paper form, as selected by the tional Illness Compensation Program Act of (iv) including the Secretary’s recommenda-
employee. 2000 (42 U.S.C. 7384l); tions for additional health studies relating
‘‘(e) CONTACT OF EMPLOYEES BY INDUSTRIAL (2) the term ‘‘institution of higher edu- to toxic substances, if the Secretary deter-
HYGIENISTS.—The Secretary of Labor shall cation’’ has the meaning given such term in mines it necessary.
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S3228 CONGRESSIONAL RECORD — SENATE May 20, 2021
(2) RELEVANT COMMITTEES OF CONGRESS DE- ciations between diseases and exposure to ‘‘(1) a list of diseases and toxins that re-
FINED.—In this subsection, the term ‘‘rel- toxic substances found at Department of En- quire further evaluation and study;
evant committees of Congress’’ means— ergy cleanup sites. ‘‘(2) a review the current information
(A) the Committee on Armed Services, ‘‘(b) DEFINITIONS.—In this section: available, as of the date of the report, relat-
Committee on Appropriations, Committee on ‘‘(1) DEPARTMENT OF ENERGY CLEANUP ing to such diseases and toxins;
Energy and Natural Resources, and Com- SITE.—The term ‘Department of Energy ‘‘(3) the value of the information that
mittee on Health, Education, Labor, and cleanup site’ means a Department of Energy would result from the additional studies; and
Pensions of the Senate; and facility where cleanup operations are being ‘‘(4) the cost and feasibility of carrying out
(B) the Committee on Armed Services, carried out, or have been carried out, under additional studies.
Committee on Appropriations, Committee on the environmental management program of ‘‘(f) REPORTS.—
Energy and Commerce, and Committee on the Department of Energy. ‘‘(1) IN GENERAL.—By not later than 18
Education and Labor of the House of Rep- ‘‘(2) HEALTH STUDIES REPORT.—The term months after the date of the agreement
resentatives. ‘health studies report’ means the report sub- under subsection (c), and every 2 years there-
(h) AUTHORIZATION OF APPROPRIATIONS.— mitted under section 6405(f) of the Toxic Ex- after, the National Academy of Sciences
There are authorized to be appropriated to posure Safety Act of 2021. shall prepare and submit a report to—
carry out this section $3,000,000 for each of ‘‘(c) AGREEMENT.—Not later than 60 days ‘‘(A) the Secretary;
fiscal years 2022 through 2026. after the issuance of the health studies re- ‘‘(B) the Committee on Health, Education,
SEC. 6406. SUPERCOMPUTING FOR SAFER CHEMI- port, the Secretary of Health and Human Labor, and Pensions and the Committee on
CALS (SUPERSAFE) CONSORTIUM. Services shall enter into an agreement with Energy and Natural Resources of the Senate;
(a) CONSORTIUM ESTABLISHED.— the National Academy of Sciences to carry and
(1) LN GENERAL.—The Secretary of Energy out the requirements of this section. ‘‘(C) the Committee on Natural Resources,
(referred to in this section as the ‘‘Sec- ‘‘(d) REVIEW OF SCIENTIFIC AND MEDICAL the Committee on Education and Labor, and
retary’’), in collaboration with the Secretary EVIDENCE.— the Committee on Energy and Commerce of
of Labor, the Secretary of Health and Human ‘‘(1) IN GENERAL.—Under the agreement de- the House of Representatives.
Services, the Director of the National Toxi- scribed in subsection (c), the National Acad- ‘‘(2) CONTENTS.—Each report submitted
cology Program, and the heads of any other emy of Sciences shall, for the period of the under paragraph (1) shall include, for the 18-
relevant Federal agencies, shall form a con- agreement— month or 2-year period covered by the re-
sortium, to be known as the ‘‘Supercom- ‘‘(A) for each area recommended for addi- port—
puting for Safer Chemicals (SUPERSAFE) tional study under the health studies report ‘‘(A) a description of—
Consortium’’ (referred to in this section as under section 6405(f)(2) of the Toxic Exposure ‘‘(i) the reviews and studies conducted
the ‘‘Consortium’’). Safety Act of 2021, review and summarize the under this section;
(2) INCLUSION OF STATE AGENCIES.—The Sec- scientific evidence relating to the area, in- ‘‘(ii) the determinations and conclusions of
retary of Energy shall allow heads of rel- cluding— the National Academy of Sciences with re-
evant State agencies to join the Consortium ‘‘(i) studies by the Department of Energy spect to such reviews and studies; and
if the State agencies so request. and Department of Labor; and ‘‘(iii) the scientific evidence and reasoning
(b) CONSORTIUM ACTIVITIES.— ‘‘(ii) any other available and relevant sci- that led to such conclusions;
(1) IN GENERAL.—The Consortium, working entific studies, to the extent that such stud- ‘‘(B) the recommendations for further
through the National Laboratories and pub- ies are relevant to the occupational expo- areas of study made under subsection (e) for
lic research institutions, shall use supercom- sures that have occurred at Department of the reporting period;
puting and other similar capabilities— Energy cleanup sites; and ‘‘(C) a description of any classes of employ-
(A) to establish rapid approaches for large- ‘‘(B) review and summarize the scientific ees that, based on the results of the reviews
scale identification of toxic substances and and medical evidence concerning the associa- and studies and in accordance with the rules
the development of safer alternatives to tion between exposure to toxic substances promulgated by the Secretary under section
those toxic substances by developing and found at Department of Energy cleanup sites 3671A(b), qualify for inclusion in the Toxic
validating computational toxicology meth- and resultant diseases. Special Exposure Cohort under such section
ods based on unique high-performance com- ‘‘(2) SCIENTIFIC DETERMINATIONS CON- 3671A; and
puting, artificial intelligence/machine learn- CERNING DISEASES.—In conducting each re- ‘‘(D) the identification of any illness that
ing, and precision measurements; view of scientific evidence under subpara- the National Academy of Sciences has deter-
(B) to transition to a more circular econ- graphs (A) and (B) of paragraph (1), the Na- mined, as a result of the reviews and studies,
omy and cleaner energy by expanding knowl- tional Academy of Sciences shall— should be a covered illness under section
edge to shift the market for toxic substances ‘‘(A) assess the strength of such evidence; 3671(2)(D).
and products toward safe-by-design alter- ‘‘(B) assess whether a statistical associa- ‘‘(g) LIMITATION ON AUTHORITY.—The au-
natives; and tion between exposure to a toxic substance thority to enter into agreements under this
(C) to address the burdens of— and a disease exists, taking into account the section shall be effective for a fiscal year to
(i) environmental toxic substance expo- strength of the scientific evidence and the the extent that appropriations are available.
sures in disadvantaged communities; appropriateness of the statistical and epide- ‘‘(h) SUNSET.—This section shall cease to
(ii) greater toxic substances use in prod- miological methods used to detect an asso- be effective 10 years after the last day of the
ucts targeted towards those communities; ciation; fiscal year in which the National Academy of
and ‘‘(C) assess the increased risk of disease Sciences transmits to the Secretary the first
(iii) exposure to toxic substances at De- among those exposed to the toxic substance report under subsection (f).’’.
partment of Energy facilities. during service during the production and SEC. 6408. CONFORMING AMENDMENTS.
(2) MODELS.—In carrying out paragraph (1), cleanup eras of the Department of Energy The Energy Employees Occupational Ill-
the Consortium shall use supercomputers to cleanup sites; ness Compensation Program Act of 2000 (42
develop, validate, and run models to predict ‘‘(D) survey the impact to health of the U.S.C. 7384 et seq.) is amended—
adverse health effects caused by toxic sub- toxic substance, focusing on hematologic, (1) in the table of contents—
stances. renal, urologic, hepatic, gastrointestinal, (A) by redesignating the item relating to
(c) AUTHORIZATION OF APPROPRIATIONS.— neurologic, dermatologic, respiratory, endo- section 3614 as the item relating to section
There is authorized to be appropriated to the crine, ocular, ear, nasal, and oropharyngeal 3616;
Secretary to carry out this section— diseases, including dementia, leukemia, (B) by inserting after the item relating to
(1) for fiscal year 2022, $20,000,000; chemical sensitivities, and chronic obstruc- section 3613 the following:
(2) for fiscal year 2023, $30,000,000; and tive pulmonary disease; and
(3) for each of fiscal years 2024 through ‘‘Sec. 3614. Information and outreach.
‘‘(E) determine whether a plausible biologi-
2026, $35,000,000. ‘‘Sec. 3615. National Academy of Sciences
cal mechanism or other evidence of a causal
review.’’;
SEC. 6407. NATIONAL ACADEMY OF SCIENCES RE- relationship exists between exposure to the
VIEW. (C) by inserting after the item relating to
toxic substance and disease.
section 3671 the following:
Subtitle A of the Energy Employees Occu- ‘‘(e) ADDITIONAL SCIENTIFIC STUDIES.—If
pational Illness Compensation Program Act the National Academy of Sciences deter- ‘‘Sec. 3671A. Establishment of the Toxic
of 2000 (42 U.S.C. 7384d et seq.), as amended mines, in the course of conducting the stud- Special Exposure Cohort.’’;
by section 6404, is further amended by insert- ies under subsection (d), that additional and
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ing after section 3614 the following: studies are needed to resolve areas of con- (D) by inserting after the item relating to
‘‘SEC. 3615. NATIONAL ACADEMY OF SCIENCES tinuing scientific uncertainty relating to section 3681 the following:
REVIEW. toxic exposure at Department of Energy ‘‘Sec. 3681A. Completion and updates of site
‘‘(a) PURPOSE.—The purpose of this section cleanup sites, the National Academy of exposure matrices.’’;
is to enable the National Academy of Sciences shall include, in the next report and
Sciences, a non-Federal entity with appro- submitted under subsection (f), recommenda- (2) in each of subsections (b)(1) and (c) of
priate expertise, to review and evaluate the tions for areas of additional study, con- section 3612, by striking ‘‘3614(b)’’ and insert-
available scientific evidence regarding asso- sisting of— ing ‘‘3616(b)’’.
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3229
SA 1760. Ms. CORTEZ MASTO (for (A) is— incurred by the eligible entity in providing
herself, Mr. YOUNG, and Mr. COONS) (i) an institution of higher education, as such technical assistance, the eligible entity
submitted an amendment intended to defined in section 101 of the Higher Edu- will make available non-Federal contribu-
cation Act of 1965 (20 U.S.C. 1001); or tions in an amount equal to—
be proposed to amendment SA 1502 pro- (ii) a nonprofit research lab, institution, or (A) in the case of an award in an amount
posed by Mr. SCHUMER to the bill S. other similar organization in the United that is less than $50,000, not less than 25 per-
1260, to establish a new Directorate for States associated with educational or re- cent of the amount of the award; and
Technology and Innovation in the Na- search activities, including a federally fund- (B) in the case of an award in an amount
tional Science Foundation, to establish ed research and development center; and that is equal to or greater than $50,000, not
a regional technology hub program, to (B) according to terms that the Director less than 50 percent of the amount of the
require a strategy and report on eco- considers appropriate, is a suitable provider award.
nomic security, science, research, inno- of knowledge for purposes of the program. (2) SOURCES OF NON-FEDERAL CONTRIBU-
(2) GEOGRAPHIC DIVERSITY.—In determining TIONS.—Non-Federal contributions under
vation, manufacturing, and job cre- paragraph (1) may be derived from non-Fed-
whether entities are suitable providers of
ation, to establish a critical supply knowledge under paragraph (1)(B), the Direc- eral contributions provided by the eligible
chain resiliency program, and for other tor shall seek to establish geographic diver- entity, the small business, or from such
purposes; which was ordered to lie on sity among eligible entities. State and local government sources as the
the table; as follows: (c) APPLICATION.— Secretary considers appropriate.
(1) IN GENERAL.—An eligible entity seeking (h) REPORTS.—
TITLE VII—SMALL BUSINESS INNOVATION
a grant or other financial assistance under (1) REPORTS FROM GRANT RECIPIENTS.—Not
VOUCHERS
the Program to assist the eligible entity in later than 180 days after the date on which a
SEC. 2701. SHORT TITLE. project carried out with technical assistance
providing technical assistance to small busi-
This title may be cited as the ‘‘Small Busi- provided with support from a grant or other
nesses shall, in conjunction with one or more
ness Innovation Voucher Act of 2021’’. financial assistance awarded under the Pro-
small businesses, submit to the Secretary an
SEC. 2702. DEFINITIONS. gram is completed, the recipient of the grant
application therefor at such time, in such
In this title: manner, and containing such information as or other financial assistance shall submit to
(1) DIRECTOR.—The term ‘‘Director’’ means the Secretary may require. the Secretary a report on the project, includ-
the Director of the National Institute of (2) DEADLINE.—The Secretary shall estab- ing—
Standards and Technology. lish a deadline for the submittal of applica- (A) whether and how the project met the
(2) PROGRAM.—The term ‘‘Program’’ means tions under paragraph (1). original expectations for the project;
the Innovation Voucher Grant Program es- (3) SELECTION.—Not later than 180 days (B) how the results of the project were in-
tablished under section 2703(a). after the deadline established under para- corporated in the business of the small busi-
(3) SECRETARY.—The term ‘‘Secretary’’ graph (2), the Secretary shall select the re- ness; and
means the Secretary of Commerce. cipients of the grants or other financial as- (C) whether and how the project improved
(4) SMALL BUSINESS.—The term ‘‘small sistance under the Program. innovation practices of the small business.
business’’ means a business with 50 or fewer (d) EVALUATION.—In evaluating an applica- (2) REPORT OF THE SECRETARY.—Not later
employees. tion for a grant or other financial assistance than 2 years after the date on which the Sec-
(5) SMALL BUSINESS IN AN UNDERSERVED under the Program, the Secretary shall take retary establishes the Program, and every 2
MARKET.—The term ‘‘small business in an un- into consideration— years thereafter until the date on which the
derserved market’’ means a small business (1) the likelihood that the amounts of the amounts appropriated for the Program are
concern owned and controlled by socially grant or financial assistance will be used to expended, the Secretary shall submit to the
and economically disadvantaged individuals create or advance a novel product or service; Committee on Commerce, Science, and
(as defined in section 8(d)(3)(C) of the Small (2) the technical feasibility of creating or Transportation of the Senate and the Com-
Business Act (15 U.S.C. 637(d)(3)(C))) that is a advancing a novel product or service pro- mittee on Science, Space, and Technology of
small business (as defined in this section). posed to be created or advanced using tech- the House of Representatives a report on
SEC. 2703. INNOVATION VOUCHER GRANT PRO- nical assistance provided with assistance grants and other financial assistance award-
GRAM. under the Program; and ed under the Program, including—
(a) ESTABLISHMENT.— (3) whether creating or advancing a prod- (A) a description of the grants and finan-
(1) IN GENERAL.—Not later than 180 days uct or service proposed to be created or ad- cial assistance awarded;
after the date of the enactment of this divi- vanced using technical assistance supported (B) the estimated number of products or
sion, the Secretary shall, acting through the by a grant under the Program could be ac- services created or advanced with technical
Director, establish a program under which complished without a grant awarded under assistance supported by a grant or other fi-
the Secretary shall, on a competitive basis the Program. nancial assistance awarded under the Pro-
and in accordance with subsection (g), award (e) AMOUNT.—A grant or other financial as- gram that could have been created or ad-
to eligible entities grants or financial assist- sistance awarded under the Program shall be vanced without a grant or financial assist-
ance in another form for the provision of awarded in an amount of not less than $20,000 ance awarded under the Program; and
technical assistance to small businesses to and not more than $75,000, which shall re- (C) a description of the impact of the Pro-
assist the small businesses in carrying out main available to the recipient of the grant gram on knowledge transfer and commer-
projects that advance research, development, until expended. cialization.
or commercialization of new or innovative (f) AMOUNTS FOR SMALL BUSINESSES.— (3) FINAL REPORT OF THE SECRETARY.—Not
products and services. (1) IN GENERAL.—Except to the extent that later than 180 days after the date on which
(2) PURPOSES OF PROGRAM.—The purposes of the Secretary determines otherwise, not less amounts appropriated for the Program are
the Program are— than 40 percent of the amounts made avail- expended, the Secretary shall submit to the
(A) to foster collaboration between small able for the Program in a fiscal year shall be committees described in paragraph (2) a final
businesses and research institutions or other set aside and expended through eligible enti- report containing the information described
similar organizations; ties providing technical assistance to— in subparagraphs (A), (B), and (C) of that
(B) to facilitate access by small businesses (A) small businesses in underserved mar- paragraph.
to capital-intensive infrastructure and ad- kets; or SEC. 2704. AUTHORIZATION OF APPROPRIATIONS.
vanced research capabilities; (B) small businesses in regions or States There is authorized to be appropriated to
(C) to enable small businesses to access that have historically been underserved by the Secretary to carry out the Program
technical expertise and capabilities that will Federal research and development funds. $10,000,000 for each of fiscal years 2022
lead to the development of innovative prod- (2) REMAINING AMOUNT.—Any amount that through 2026, to remain available until ex-
ucts; is set aside under paragraph (1) in a fiscal pended.
(D) to promote business dynamism and year that is not expended by the end of the ---
competition; fiscal year shall be— SA 1761. Mrs. SHAHEEN submitted
(E) to stimulate United States leadership (A) except as provided in subparagraph (B), an amendment intended to be proposed
in advanced research, innovation, and tech- available in the following fiscal year to to amendment SA 1502 proposed by Mr.
nology; make grants to eligible entities described in SCHUMER to the bill S. 1260, to establish
(F) to accelerate the development of an ad- paragraph (1); and a new Directorate for Technology and
vanced workforce; and (B) on and after October 1, 2024, available
SSpencer on DSK126QN23PROD with SENATE
Innovation in the National Science
(G) to preserve and create new jobs. to award grants to all eligible entities under Foundation, to establish a regional
(3) DESIGNATION.—The program established the Program. technology hub program, to require a
under paragraph (1) shall be known as the (g) FEDERAL SHARE.—
(1) IN GENERAL.—The Secretary may not strategy and report on economic secu-
‘‘Innovation Voucher Grant Program’’.
(b) ELIGIBLE ENTITIES.— award a grant to an eligible entity under the rity, science, research, innovation,
(1) IN GENERAL.—For purposes of the Pro- Program to provide technical assistance to a manufacturing, and job creation, to es-
gram, an eligible entity is an entity that the small business unless the eligible entity tablish a critical supply chain resil-
Director determines— agrees that, with respect to the costs to be iency program, and for other purposes;
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S3230 CONGRESSIONAL RECORD — SENATE May 20, 2021
which was ordered to lie on the table; committee thereof, on behalf of any person intelligence community (as defined in sec-
as follows: or entity other than the Federal Govern- tion 3 of the National Security Act of 1947 (50
ment. U.S.C. 3003)) to ensure more seamless infor-
At the appropriate place, insert the fol- (b) WRITTEN DISCLOSURE.—The written mation sharing, that includes an analysis of
lowing: statement of the proposed testimony of a network or data security solutions that
SEC. ll. PERMANENCY OF SBIR AND STTR PRO- non-Federal witness should, to the maximum could help automate that process and imple-
GRAMS.
extent practicable, disclose— ment classification policies and procedures.
(a) SBIR.—Section 9(m) of the Small Busi- (1) any foreign government award relating
ness Act (15 U.S.C. 638(m)) is amended— to the subject matter of the hearing that was SA 1765. Mrs. BLACKBURN sub-
(1) in the subsection heading, by striking received or earned during the covered period mitted an amendment intended to be
‘‘TERMINATION’’ and inserting ‘‘SBIR PRO- by the non-Federal witness or the person or
GRAM AUTHORIZATION’’; and
proposed to amendment SA 1502 pro-
entity on behalf of which the non-Federal posed by Mr. SCHUMER to the bill S.
(2) by striking ‘‘terminate on September witness is appearing;
30, 2022’’ and inserting ‘‘be in effect for each 1260, to establish a new Directorate for
(2) whether the non-Federal witness or the
fiscal year’’. Technology and Innovation in the Na-
person or entity on behalf of which the non-
(b) STTR.—Section 9(n)(1)(A) of the Small Federal witness is appearing is negotiating
tional Science Foundation, to establish
Business Act (15 U.S.C. 638(n)(1)(A)) is or awaiting approval to receive a foreign a regional technology hub program, to
amended by striking ‘‘through fiscal year government award; and require a strategy and report on eco-
2022’’. (3) whether the non-Federal witness is reg- nomic security, science, research, inno-
istered as an agent of a foreign principal vation, manufacturing, and job cre-
SA 1762. Mrs. BLACKBURN sub- under the Foreign Agents Registration Act ation, to establish a critical supply
mitted an amendment intended to be of 1938, as amended (22 U.S.C. 611 et seq.). chain resiliency program, and for other
proposed to amendment SA 1502 pro- (c) CONTENTS.—A disclosure by a non-Fed- purposes; which was ordered to lie on
posed by Mr. SCHUMER to the bill S. eral witness under subsection (b) should in- the table; as follows:
1260, to establish a new Directorate for clude, for each foreign government award,
the amount of and identity of the foreign At the appropriate place in title III of divi-
Technology and Innovation in the Na- sion F, insert the following:
government making the foreign government
tional Science Foundation, to establish SEC. 63ll. STUDY ON NATIONAL LABORATORY
award.
a regional technology hub program, to (d) AVAILABILITY.—A written statement of
CONSORTIUM FOR ANALYSIS OF THE
require a strategy and report on eco- EFFECT OF SMALL MODULAR REAC-
the proposed testimony of a non-Federal wit- TORS ON POWER GRID STABILITY
nomic security, science, research, inno- ness, with appropriate redactions to protect AND RESILIENCE.
vation, manufacturing, and job cre- the privacy or security of the non-Federal (a) DEFINITIONS.—In this section:
ation, to establish a critical supply witness, shall be made publicly available in (1) DEPARTMENT.—The term ‘‘Department’’
chain resiliency program, and for other electronic form not later than 1 day after the means the Department of Energy.
purposes; which was ordered to lie on witness appears at the applicable hearing. (2) NATIONAL LABORATORY.—The term ‘‘Na-
the table; as follows: tional Laboratory’’ has the meaning given
SA 1764. Mrs. BLACKBURN sub- the term in section 2 of the Energy Policy
At the end of title II of division B, add the mitted an amendment intended to be Act of 2005 (42 U.S.C. 15801).
following: proposed by her to the bill S. 1260, to (3) SECRETARY.—The term ‘‘Secretary’’
SEC. 2219. STAFF TO ENSURE GRANT COMPLI- establish a new Directorate for Tech- means the Secretary of Energy.
ANCE. (b) STUDY REQUIRED.—The Secretary, in co-
Notwithstanding any other provision of
nology and Innovation in the National
Science Foundation, to establish a re- ordination with the Secretary of Commerce
law, the Director shall dedicate staff from and the Secretary of Homeland Security,
the Foundation to ensure compliance with gional technology hub program, to re- shall conduct a study to analyze the feasi-
grants awarded by the Foundation to ensure quire a strategy and report on eco- bility of authorizing a consortium within the
foreign government talent recruitment pro- nomic security, science, research, inno- National Laboratory system to address the
grams do not misappropriate funding from vation, manufacturing, and job cre- effects of advanced nuclear technology in the
the Foundation. ation, to establish a critical supply form of small modular reactors on the sta-
chain resiliency program, and for other bility and resiliency of the United States
SA 1763. Mrs. BLACKBURN sub- power grid.
purposes; which was ordered to lie on (c) ELEMENTS.—The study required under
mitted an amendment intended to be
the table; as follows: subsection (b) shall include the following:
proposed by her to the bill S. 1260, to
At the appropriate place, insert the fol- (1) An analysis of any additional authori-
establish a new Directorate for Tech- lowing: ties needed to establish a research and devel-
nology and Innovation in the National SEC. llll. DEPARTMENT OF DEFENSE DATA opment program to leverage the expertise of
Science Foundation, to establish a re- STRATEGY. the National Laboratories to accelerate the
gional technology hub program, to re- (a) STRATEGY AND BRIEFING REQUIRED.— development and deployment of advanced
quire a strategy and report on eco- Not later than January 31, 2022, the Chief In- tools and techniques to simulate the sta-
nomic security, science, research, inno- formation Officer of the Department of De- bility and resilience of the power grid to ad-
vation, manufacturing, and job cre- fense shall, in consultation with the Director verse natural and man-made threats.
of the Defense Information Systems Agen- (2) An evaluation of potential pilot pro-
ation, to establish a critical supply
cy— grams involving research, innovation trans-
chain resiliency program, and for other (1) develop a strategy that includes the ele- fer, academic partnerships, and industry
purposes; which was ordered to lie on ments set forth under subsection (b); and partnerships for power grid simulation re-
the table; as follows: (2) brief the Committee on Armed Services search.
At the appropriate place, insert the fol- of the Senate and the Committee on Armed (3) The use of existing Department pro-
lowing: Services of the House of Representatives on grams and projects, including—
SEC. ll. NON-FEDERAL WITNESS DISCLOSURE the strategy developed under paragraph (1). (A) the North American Energy Resilience
OF GRANTS, PAYMENTS, AND CON- (b) ELEMENTS.—The strategy required by Model;
TRACT AWARDS FROM FOREIGN subsection (a) shall include the following: (B) the nuclear reactor computer models
GOVERNMENTS. (1) A plan for incorporating standards laid developed by the Department; and
(a) DEFINITIONS.—In this section— out by the 2020 Department of Defense Data (C) the supercomputing centers of the De-
(1) the term ‘‘covered period’’ means the Strategy in policies governing personnel and partment.
period— acquisition of goods and services. (4) An assessment of, and cost estimates
(A) beginning on January 1 of the year that (2) A plan for how the Department will in- for, near-term actions necessary for the pro-
is 2 years before the year during which a corporate technology solutions necessary to posed consortium to launch expediently at a
non-Federal witness appears as a witness; ensure data security is independent from broad scale.
and network security, including technology that (d) REPORT.—Not later than 120 days after
(B) ending on the date on which the pro- allows for attribution and location based the date of enactment of this Act, the Sec-
posed testimony of the non-Federal witness controls. retary shall submit to the Committees on
SSpencer on DSK126QN23PROD with SENATE
is submitted; (3) A detailed set of criteria for deter- Energy and Natural Resources and Homeland
(2) the term ‘‘foreign government award’’ mining authorized users of data and how Security and Governmental Affairs of the
means a grant, payment, or contract award, technological solutions could enhance poli- Senate and the Committees on Energy and
or a promise thereof, from a foreign govern- cies focused on data protection that is tai- Commerce and Homeland Security of the
ment; and lored to authorized users. House of Representatives a report on the re-
(3) the term ‘‘non-Federal witness’’ means (4) A description of how security and data sults of the study conducted under sub-
an individual appearing as witness at a hear- classification standards could be harmonized section (b), which may include a classified
ing of a committee of the Senate, or a sub- across elements of the Department and the annex, if necessary.
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3231
SA 1766. Mr. RUBIO submitted an or other relevant commercial ties the con- SEC. lll. UNITED STATES-ISRAEL CYBERSECU-
tractor, first tier subcontractor, or any re- RITY COOPERATION.
amendment intended to be proposed by
him to the bill S. 1260, to establish a lated entity has that are in effect at the (a) DEFINITIONS.—In this section—
time of contract award, or has had within (1) the term ‘‘cybersecurity research’’
new Directorate for Technology and In-
the previous three years that are no longer means research, including social science re-
novation in the National Science Foun- in effect, with a covered entity. The con- search, into ways to identify, protect
dation, to establish a regional tech- tractor shall update such disclosure not later against, detect, respond to, and recover from
nology hub program, to require a strat- than 30 days after the contractor, first tier cybersecurity threats;
egy and report on economic security, subcontractor, or any related entity enters (2) the term ‘‘cybersecurity technology’’
science, research, innovation, manufac- into or renews a contract or other relevant means technology intended to identify, pro-
turing, and job creation, to establish a commercial ties with a covered entity. tect against, detect, respond to, and recover
critical supply chain resiliency pro- (b) DATABASE OF FEDERAL CONTRACTOR from cybersecurity threats;
gram, and for other purposes; which CONTRACTS WITH CHINESE ENTITIES.—Not (3) the term ‘‘cybersecurity threat’’ has
later than 180 days after the date of the en- the meaning given the term in section 102 of
was ordered to lie on the table; as fol- actment of this Act, the Administrator of the Cybersecurity Information Sharing Act
lows: General Services shall establish and main- of 2015 (6 U.S.C. 1501);
In title V of division B, at the end add the tain a public database containing the infor- (4) the term ‘‘Department’’ means the De-
following: mation about contracts with covered entities partment of Homeland Security;
SEC. 25ll. ACTION TO PREVENT PARAMILITARY disclosed pursuant to subsection (a). (5) the term ‘‘National Laboratory’’ has
ACTORS FROM PARTICIPATING IN (c) DEFINITIONS.—In this section: the meaning given the term in section 2 of
INTERNATIONAL FISHERIES.
(1) COVERED ENTITY.—The term ‘‘covered the Energy Policy Act of 2005 (42 U.S.C.
(a) IN GENERAL.—Not later than 6 months entity’’ means— 15801); and
after the date of enactment of this Act, the (A) the Government of the People’s Repub- (6) the term ‘‘Secretary’’ means the Sec-
Secretaries of Defense, Commerce, Treasury, lic of China; retary of Homeland Security.
and Homeland Security shall promulgate and (B) the Chinese Communist Party (CCP);
implement regulations to— (b) GRANT PROGRAM.—
(C) the Chinese military; (1) ESTABLISHMENT.—The Secretary, in ac-
(1) coordinate in identifying foreign fishing (D) an entity owned, directed, controlled,
vessels that engage in paramilitary oper- cordance with the agreement entitled the
financed, or influenced directly or indirectly ‘‘Agreement between the Government of the
ations; and by the Government of the People’s Republic
(2) report such vessels to each inter- United States of America and the Govern-
of China, the CCP, or the Chinese military, ment of the State of Israel on Cooperation in
national fisheries management organization including any entity for which the Govern-
in which the United States is a member for Science and Technology for Homeland Secu-
ment of the People’s Republic of China, the rity Matters’’, dated May 29, 2008 (or suc-
inclusion in each such organization’s respec- CCP, or the Chinese military has the ability,
tive Illegal, Unreported and Unregulated cessor agreement), and the requirements
through ownership of a majority or a domi- specified in paragraph (2), shall establish a
fishing vessel list. nant minority of the total outstanding vot-
(b) DEFINITION OF PARAMILITARY OPER- grant program at the Department to sup-
ing interest in an entity, board representa- port—
ATIONS.—In this section, the term ‘‘para-
tion, proxy voting, a special share, contrac- (A) cybersecurity research and develop-
military operations’’—
tual arrangements, formal or informal ar- ment; and
(1) means actions taken by the operator of
rangements to act in concert, or other (B) demonstration and commercialization
a fishing vessel to attack or intimidate ves-
means, to determine, direct, or decide for an of cybersecurity technology.
sels operating in international waters, or the
entity an important matter; (2) REQUIREMENTS.—
exclusive economic zone of a foreign coun-
(E) a parent, subsidiary, or affiliate of an (A) APPLICABILITY.—Notwithstanding any
try, by firing upon a vessel, ramming a ves-
entity described in subparagraph (D); and other provision of law, in carrying out a re-
sel, intentionally maneuvering near another
(F) an entity substantively involved in search, development, demonstration, or com-
vessel in an unsafe manner with intent to
People’s Republic of China economic and in- mercial application program or activity that
frighten or intimidate, intentionally enter-
dustrial policies or military-civil fusion, in- is authorized under this section, the Sec-
ing or remaining within the exclusive eco-
cluding by accepting funding, performing retary shall require cost sharing in accord-
nomic zone of a foreign country without the
services, or receiving subsidies, or with re- ance with this paragraph.
permission of the government of that coun-
sponsibilities for overseeing economic devel- (B) RESEARCH AND DEVELOPMENT.—
try, or otherwise violating the United Na-
opment projects, including Made in China (i) IN GENERAL.—Except as provided in
tions Convention on the Law of the Sea
2025 and the Belt and Road Initiative. clause (ii), the Secretary shall require not
while coordinating with the military of a
(2) COVERED INFORMATION.—The term ‘‘cov- less than 50 percent of the cost of a research,
foreign country in a military operation; and
ered information’’ means— development, demonstration, or commercial
(2) includes efforts to gather and report
(A) the name of the covered entity; application program or activity described in
military intelligence on behalf of a foreign
(B) the relationship of the covered entity subparagraph (A) to be provided by a non-
country.
to the Government of the People’s Republic Federal source.
SA 1767. Mr. RUBIO submitted an of China, the Chinese Communist Party, or (ii) REDUCTION.—The Secretary may reduce
the Chinese military; or eliminate, on a case-by-case basis, the
amendment intended to be proposed to
(C) the general terms of the contract; percentage requirement specified in clause
amendment SA 1502 proposed by Mr. (D) the date the contract was entered into; (i) if the Secretary determines that the re-
SCHUMER to the bill S. 1260, to establish and duction or elimination is necessary and ap-
a new Directorate for Technology and (E) the duration of the contract. propriate.
Innovation in the National Science (3) RELATED ENTITY.—The term ‘‘related (C) MERIT REVIEW.—In carrying out a re-
Foundation, to establish a regional entity’’ means, with respect to a contractor search, development, demonstration, or com-
technology hub program, to require a or first tier subcontractor, a parent, sub- mercial application program or activity that
strategy and report on economic secu- sidiary, affiliate, or other entity controlled is authorized under this section, awards shall
by the contractor or first tier subcontractor. be made only after an impartial review of
rity, science, research, innovation,
manufacturing, and job creation, to es- the scientific and technical merit of the pro-
SA 1768. Ms. ROSEN (for herself, Ms. posals for the awards has been carried out by
tablish a critical supply chain resil-
COLLINS, and Mr. YOUNG) submitted an or for the Department.
iency program, and for other purposes; (D) REVIEW PROCESSES.—In carrying out a
amendment intended to be proposed by
which was ordered to lie on the table; review under subparagraph (C), the Sec-
her to the bill S. 1260, to establish a
as follows: retary may use merit review processes devel-
new Directorate for Technology and In-
At the appropriate place, insert the fol- oped under section 302(14) of the Homeland
lowing:
novation in the National Science Foun- Security Act of 2002 (6 U.S.C. 182(14)).
SEC. ll.FEDERAL ACQUISITION AND CON-
dation, to establish a regional tech- (3) ELIGIBLE APPLICANTS.—An applicant
TRACTING TRANSPARENCY. nology hub program, to require a strat- shall be eligible to receive a grant under this
(a) REQUIREMENT TO DISCLOSE CONTRACTS egy and report on economic security, subsection if—
AND TIES WITH PEOPLE’S REPUBLIC OF CHINA science, research, innovation, manufac- (A) the project of the applicant—
SSpencer on DSK126QN23PROD with SENATE
ENTITIES.—Not later than 180 days after the turing, and job creation, to establish a (i) addresses a requirement in the area of
date of the enactment of this Act, the Fed- critical supply chain resiliency pro- cybersecurity research or cybersecurity
eral Acquisition Regulatory Council shall technology, as determined by the Secretary;
gram, and for other purposes; which
amend the Federal Acquisition Regulation to and
require that a contractor shall, as a condi- was ordered to lie on the table; as fol- (ii) is a joint venture between—
tion for being awarded a contract for the lows: (I)(aa) a for-profit business entity, aca-
procurement of goods or services, disclose At the appropriate place, insert the fol- demic institution, National Laboratory, or
covered information related to any contracts lowing: nonprofit entity in the United States; and
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S3232 CONGRESSIONAL RECORD — SENATE May 20, 2021
(bb) a for-profit business entity, academic tablish a critical supply chain resil- tent shall be limited to the contributing
institution, or nonprofit entity in Israel; or iency program, and for other purposes; company and Manufacturing Extension Part-
(II)(aa) the Federal Government; and which was ordered to lie on the table; nership Center staff who sign an appropriate
(bb) the Government of Israel; and non-disclosure agreement.
as follows: (e) RULES OF CONSTRUCTION.—
(B) neither the applicant nor the project of
the applicant pose a counterintelligence At the end of title V of division B, add the (1) PRIVATE ENTITIES.—Nothing in this sec-
threat, as determined by the Director of Na- following: tion shall be construed to require any pri-
SEC. 2528. NATIONAL SUPPLY CHAIN DATABASE. vate entity to share data with the Director
tional Intelligence.
(4) APPLICATIONS.—To be eligible to receive (a) ESTABLISHMENT OF NATIONAL SUPPLY of the National Institute of Standards and
a grant under this subsection, an applicant CHAIN DATABASE.—The Director of the Na- Technology relating to the National Supply
shall submit to the Secretary an application tional Institute of Standards and Technology Chain Database.
for the grant in accordance with procedures (referred to in this Act as the ‘‘NIST’’) shall (2) PROHIBITION ON NEW REGULATORY AU-
established by the Secretary, in consultation establish a National Supply Chain Database THORITY.—Nothing in this section shall be
with the advisory board established under that will assist the Nation in minimizing dis- construed to grant the Director of the Na-
paragraph (5). ruptions in the supply chain by having an as- tional Institute of Standards and Tech-
sessment of United States manufacturers’ nology, or the head of any other Federal
(5) ADVISORY BOARD.—
capabilities. agency, with any authority to promulgate
(A) ESTABLISHMENT.—The Secretary shall
(b) CONNECTIONS WITH STATE MANUFAC-
establish an advisory board to— regulations or set standards on manufactur-
TURING EXTENSION PARTNERSHIPS.—
(i) monitor the method by which grants are ers, based on data within the National Sup-
(1) IN GENERAL.—The infrastructure for the
awarded under this subsection; and ply Chain Database, that was not in effect on
National Supply Chain Database shall be cre-
(ii) provide to the Secretary periodic per- the day before the date of enactment of this
ated through the Hollings Manufacturing Ex-
formance reviews of actions taken to carry Act.
tension Partnership (MEP) program of the (f) AUTHORIZATION OF APPROPRIATIONS.—
out this subsection.
National Institute of Standards and Tech- There are authorized to be appropriated—
(B) COMPOSITION.—The advisory board es-
nology by connecting the Hollings Manufac- (1) $31,000,000 for fiscal year 2021 to develop
tablished under subparagraph (A) shall be
turing Extension Partnerships Centers and launch the National Supply Chain Data-
composed of 3 members, to be appointed by
through the National Supply Chain Data- base; and
the Secretary, of whom—
base. (2) $26,000,000 for each of fiscal years 2022
(i) 1 shall be a representative of the Fed-
(2) NATIONAL VIEW.—The connection pro- through 2025 to maintain, update, and sup-
eral Government;
vided through the National Supply Chain port Federal coordination of the State sup-
(ii) 1 shall be selected from a list of nomi-
Database shall provide a national view of the ply chain databases maintained by the State
nees provided by the United States-Israel Bi-
supply chain and enable the National Insti- Manufacturing Extension Partnerships.
national Science Foundation; and
tute of Standards and Technology to under-
(iii) 1 shall be selected from a list of nomi-
stand whether there is a need for some man- SA 1770. Mr. MANCHIN (for himself,
nees provided by the United States-Israel Bi-
ufacturers to retool in some key areas to Mrs. CAPITO, Ms. CORTEZ MASTO, Mr.
national Industrial Research and Develop-
meet the need of urgent products, such as de- GRASSLEY, Ms. ERNST, and Ms. MUR-
ment Foundation.
fense supplies, food, and medical devices, in-
(6) CONTRIBUTED FUNDS.—Notwithstanding KOWSKI) submitted an amendment in-
cluding personal protective equipment.
any other provision of law—
(3) INDIVIDUAL STATE DATABASES.—Each tended to be proposed to amendment
(A) the Secretary may accept or retain SA 1502 proposed by Mr. SCHUMER to
State’s supply chain database maintained by
funds contributed by any person, govern- the bill S. 1260, to establish a new Di-
the NIST- recognized Manufacturing Exten-
ment entity, or organization for purposes of rectorate for Technology and Innova-
sion Partnership Center within the State
carrying out this subsection; and tion in the National Science Founda-
shall be complementary in design to the Na-
(B) the funds described in subparagraph (A)
shall be available, subject to appropriation,
tional Supply Chain Database. tion, to establish a regional technology
(c) MAINTENANCE OF NATIONAL SUPPLY hub program, to require a strategy and
without fiscal year limitation. CHAIN DATABASE.—The Hollings Manufac-
(7) REPORTS.— report on economic security, science,
turing Extension Partnership program or its
(A) GRANT RECIPIENTS.—Not later than 180 research, innovation, manufacturing,
designee shall maintain the National Supply
days after the date of completion of a project Chain Database as an integration of the and job creation, to establish a critical
for which a grant is provided under this sub- State level databases from each State’s Man- supply chain resiliency program, and
section, the grant recipient shall submit to ufacturing Extension Partnership Center and for other purposes; which was ordered
the Secretary a report that contains— may be populated with information from to lie on the table; as follows:
(i) a description of how the grant funds past, current, or potential Center clients. On page 188, strike lines 2 through 25 and
were used by the recipient; and (d) DATABASE CONTENT.— insert the following:
(ii) an evaluation of the level of success of (1) IN GENERAL.—The National Supply (a) CRITICAL MINERALS MINING RESEARCH
each project funded by the grant. Chain Database may— AND DEVELOPMENT.—
(B) SECRETARY.—Not later than 1 year (A) provide basic company information; (1) IN GENERAL.—In order to support supply
after the date of enactment of this Act, and (B) provide an overview of capabilities, ac- chain resiliency, the Secretary of Energy, in
annually thereafter until the grant program creditations, and products; coordination with the Director, shall issue
established under this section terminates, (C) contain proprietary information; and awards, on a competitive basis, to National
the Secretary shall submit to the Committee (D) include other items determined nec- Laboratories (as defined in section 2 of the
on Homeland Security and Governmental Af- essary by the Director of the NIST. Energy Policy Act of 2005 (42 U.S.C. 15801)),
fairs of the Senate and the Committee on (2) SEARCHABLE DATABASE.—The National institutions of higher education, or nonprofit
Homeland Security of the House of Rep- Supply Chain Database shall use the North organizations (or consortia of such institu-
resentatives a report on the grants awarded American Industry Classification System tions or organizations, including consortia
and projects completed under the program. (NAICS) Codes as follows: that collaborate with private industry) to
(8) CLASSIFICATION.—Grants shall be award- (A) Sector 31-33—Manufacturing. support basic research that will accelerate
ed under this subsection only for projects (B) Sector 54—Professional, Scientific, and innovation to advance critical minerals min-
that are considered to be unclassified by Technical Services. ing strategies and technologies for the pur-
both the United States and Israel. (C) Sector 48-49—Transportation and pose of making better use of domestic re-
(c) AUTHORIZATION OF APPROPRIATIONS.— Warehousing. sources and eliminating national reliance on
There is authorized to be appropriated to (3) LEVELS.—The National Supply Chain minerals and mineral materials that are sub-
carry out this section not less than $6,000,000 Database shall be multi-leveled as follows: ject to supply disruptions.
for each of fiscal years 2022 through 2026. (A) Level 1 shall have basic company infor- (2) USE OF FUNDS.—Activities funded by an
mation and shall be available to the public. award under this section may include—
SA 1769. Mr. MENENDEZ (for himself (B) Level 2 shall have a deeper overview (A) advancing mining research and devel-
and Mr. BLUMENTHAL) submitted an into capabilities, products, and accredita- opment activities to develop new mapping
amendment intended to be proposed to tions and shall be available to all companies and mining technologies and techniques, in-
amendment SA 1502 proposed by Mr. that contribute to the database and agree to cluding advanced critical mineral extraction
SCHUMER to the bill S. 1260, to establish terms of mutual disclosure. and production, to improve existing or to de-
SSpencer on DSK126QN23PROD with SENATE
a new Directorate for Technology and (C) Level 3 shall hold proprietary informa- velop new supply chains of critical minerals,
Innovation in the National Science tion. and to yield more efficient, economical, and
(4) EXEMPT FROM PUBLIC DISCLOSURE.—The environmentally benign mining practices;
Foundation, to establish a regional
National Supply Chain Database and any in- (B) advancing critical mineral processing
technology hub program, to require a formation related to it not publicly released and geochemical
strategy and report on economic secu- by NIST shall be exempt from public disclo-
rity, science, research, innovation, sure under section 552 of title 5, United SA 1771. Mr. BRAUN (for himself, Mr.
manufacturing, and job creation, to es- States Code, and access to non-public con- DAINES, and Mr. LANKFORD) submitted
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3233
an amendment intended to be proposed ‘‘(3) transfer or attempt to transfer a ‘‘(A) in the Senate, to the Committee on
to amendment SA 1502 proposed by Mr. nonhuman embryo into a human womb; or Finance; and
SCHUMER to the bill S. 1260, to establish ‘‘(4) transport or receive for any purpose a ‘‘(B) in the House of Representatives, to
prohibited human-animal chimera. the Committee on Ways and Means.’’.
a new Directorate for Technology and ‘‘(b) PENALTIES.—
Innovation in the National Science ‘‘(1) IN GENERAL.—Whoever violates sub-
Foundation, to establish a regional SA 1773. Mr. LANKFORD submitted
section (a) shall be fined under this title, im-
technology hub program, to require a an amendment intended to be proposed
prisoned not more than 10 years, or both.
strategy and report on economic secu- ‘‘(2) CIVIL PENALTY.—Whoever violates sub- by him to the bill S. 1260, to establish
rity, science, research, innovation, section (a) shall be subject to a civil fine of a new Directorate for Technology and
manufacturing, and job creation, to es- the greater of— Innovation in the National Science
tablish a critical supply chain resil- ‘‘(A) $1,000,000; or Foundation, to establish a regional
‘‘(B) the amount equal to twice the amount technology hub program, to require a
iency program, and for other purposes; of the gross pecuniary gain, if any.
which was ordered to lie on the table; strategy and report on economic secu-
‘‘(c) RULE OF CONSTRUCTION.—This section
as follows: does not prohibit research involving the use rity, science, research, innovation,
At the appropriate place, insert the fol- of transgenic animal models containing manufacturing, and job creation, to es-
lowing: human genes or transplantation of human tablish a critical supply chain resil-
SEC. ll. PROHIBITION ON CERTAIN HUMAN-ANI- organs, tissues, or cells into recipient ani- iency program, and for other purposes;
MAL CHIMERAS. mals, if such activities are not prohibited which was ordered to lie on the table;
(a) IN GENERAL.—Part I of title 18, United under subsection (a).’’. as follows:
States Code, is amended by inserting after (b) TECHNICAL AMENDMENT.—The table of
chapter 51 the following: chapters for part I of title 18, United States At the appropriate place, insert the fol-
Code, is amended by inserting after the item lowing:
‘‘CHAPTER 52—CERTAIN TYPES OF
HUMAN-ANIMAL CHIMERAS PROHIBITED relating to chapter 51 the following: SEC. lll. PROCESS FOR EXCLUDING ARTICLES
‘‘52. Certain types of human-animal chi- IMPORTED FROM THE PEOPLE’S RE-
‘‘Sec. PUBLIC OF CHINA FROM CERTAIN
‘‘1131. Definitions. meras prohibited 1131.’’. DUTIES IMPOSED UNDER SECTION
‘‘1132. Prohibition on human-animal chi- 301 OF THE TRADE ACT OF 1974.
meras. SA 1772. Mr. LANKFORD (for himself (a) ESTABLISHMENT OF EXCLUSION PROC-
‘‘§ 1131. Definitions and Mr. TILLIS) submitted an amend- ESS.—Notwithstanding any other provision
‘‘In this chapter: ment intended to be proposed to of law, the President shall establish, in con-
‘‘(1) HUMAN EMBRYO.—The term ‘human amendment SA 1502 proposed by Mr. sultation with the United States Inter-
embryo’ means an organism of the species SCHUMER to the bill S. 1260, to establish national Trade Commission (in this section
Homo sapiens during the earliest stages of a new Directorate for Technology and referred to as the ‘‘Commission’’), a process
development, from 1 cell up to 8 weeks after Innovation in the National Science pursuant to which United States entities and
conception. Foundation, to establish a regional associations of such entities may request the
‘‘(2) PROHIBITED HUMAN-ANIMAL CHIMERA.— exclusion of articles imported from the Peo-
technology hub program, to require a
The term ‘prohibited human-animal chi- ple’s Republic of China from duties described
mera’ means— strategy and report on economic secu-
in subsection (b).
‘‘(A) a human embryo into which a rity, science, research, innovation, (b) DUTIES DESCRIBED.—The duties de-
nonhuman cell or cells (or the component manufacturing, and job creation, to es- scribed in this subsection are duties imposed
parts thereof) have been introduced to render tablish a critical supply chain resil- on or after September 24, 2018, pursuant to
the embryo’s membership in the species iency program, and for other purposes; the investigation—
Homo sapiens uncertain; which was ordered to lie on the table; (1) initiated under section 301 of the Trade
‘‘(B) a human-animal embryo produced by as follows: Act of 1974 (19 U.S.C. 2411) on August 18, 2017;
fertilizing a human egg with nonhuman At the appropriate place, insert the fol- and
sperm; lowing: (2) with respect to which notice was pub-
‘‘(C) a human-animal embryo produced by SEC. lll. CONGRESSIONAL REVIEW PROCE- lished in the Federal Register on August 24,
fertilizing a nonhuman egg with human DURES FOR WAIVER OF OBLIGA- 2017 (82 Fed. Reg. 40213).
sperm; TIONS WITH RESPECT TO VACCINES (c) IMPLEMENTATION OF EXCLUSION PROC-
‘‘(D) an embryo produced by introducing a OR OTHER BIOTECHNOLOGY COM- ESS.—In implementing the process estab-
nonhuman nucleus into a human egg; MODITIES UNDER THE AGREEMENT
ON TRADE-RELATED ASPECTS OF IN-
lished under subsection (a), the President
‘‘(E) an embryo produced by introducing a shall exclude from the imposition of a duty
TELLECTUAL PROPERTY RIGHTS.
human nucleus into a nonhuman egg; described in subsection (b) an article im-
Section 122 of the Uruguay Round Agree-
‘‘(F) an embryo containing at least haploid ported from the People’s Republic of China if
ments Act (19 U.S.C. 3532) is amended by add-
sets of chromosomes from both a human and the President determines—
ing at the end the following:
a nonhuman life form; ‘‘(e) APPROVAL BY CONGRESS OF CERTAIN (1)(A) the article is not commercially
‘‘(G) a nonhuman life form engineered such WAIVERS WITH RESPECT TO VACCINES OR available (as defined by the Commission)
that human gametes develop within the body OTHER BIOTECHNOLOGY COMMODITIES.— outside of the People’s Republic of China, or
of a nonhuman life form; ‘‘(1) IN GENERAL.—A waiver described in is not produced outside of the People’s Re-
‘‘(H) a nonhuman life form engineered such paragraph (2) granted under subsection (b)(2) public of China at a cost-competitive price
that it contains a human brain or a brain de- shall not enter into force with respect to the at commercial scale;
rived wholly or predominantly from human United States, and no funds shall be used by (B) the imposition of the duty on the arti-
neural tissues; the Secretary of Commerce, the Secretary of cle would increase consumer prices for day-
‘‘(I) nonhuman life form engineered such Health and Human Services, or the Trade to-day items consumed by low- or middle-in-
that it exhibits human facial features or Representative to implement the terms of come families in the United States; or
other bodily morphologies to resemble that waiver, unless— (C) the article has not been found by a Fed-
human features; or ‘‘(A) the President submits the text of the eral agency to have directly benefited from
‘‘(J) an embryo produced by mixing human proposed waiver agreement to the appro- the non-market-based policies of the Peo-
and nonhuman cells, such that— priate congressional committees; and ple’s Republic of China, including elements
‘‘(i) human gametes develop within the ‘‘(B) a joint resolution is enacted approv- of the Made in China 2025 policy; and
body of the resultant organism; ing the waiver not later than 180 days after (2) the exclusion of the article can likely
‘‘(ii) it contains a human brain or a brain the later of the date on which— be administered by U.S. Customs and Border
derived wholly or predominantly from ‘‘(i) the report under subsection (c)(2)(A) Protection.
human neural tissues; or with respect to that waiver is submitted; or (d) DETERMINATION OF INCREASED CON-
‘‘(iii) it exhibits human facial features or ‘‘(ii) the text of the proposed waiver agree- SUMER PRICES.—The President shall deter-
other bodily morphologies to resemble ment under subparagraph (A) is submitted. mine under subsection (c)(1)(B) that the im-
human features. ‘‘(2) WAIVER DESCRIBED.—A waiver de- position of a duty would increase consumer
‘‘§ 1132. Prohibition on certain human-animal scribed in this paragraph is a waiver of cer- prices for day-to-day items consumed by low-
SSpencer on DSK126QN23PROD with SENATE
chimeras tain provisions of the Agreement on Trade- or middle-income families in the United
‘‘(a) IN GENERAL.—It shall be unlawful for Related Aspects of Intellectual Property States if imposition of the duty would cause
any person to knowingly, in or otherwise af- Rights referred to in section 101(d)(15) for a an increase in—
fecting interstate commerce— vaccine or other biotechnology commodity. (1) the cost of an article listed in Appendix
‘‘(1) create or attempt to create a prohib- ‘‘(3) INTRODUCTION AND REFERRAL OF JOINT 1 to chapter 17 of the Handbook of Methods
ited human-animal chimera; RESOLUTION.—A joint resolution under para- of the Bureau of Labor Statistics of the De-
‘‘(2) transfer or attempt to transfer a graph (1)(B) may be introduced by any mem- partment of Labor, dated February 14, 2018;
human embryo into a nonhuman womb; ber of Congress and shall be referred— or
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S3234 CONGRESSIONAL RECORD — SENATE May 20, 2021
(2) the Consumer Price Index for All Urban SEC. 3117. SENSE OF CONGRESS AND REPORT ON (4) APPROPRIATE CONGRESSIONAL COMMIT-
Consumers published by the Bureau of Labor ENSURING RELIABLE SUPPLY OF TEES DEFINED.—In this subsection, the term
RARE EARTH MINERALS.
Statistics. ‘‘appropriate congressional committees’’
(e) COLLECTION OF DUTIES.—No duty de- (a) FINDINGS; SENSE OF CONGRESS.— means—
scribed in subsection (b) imposed on an arti- (1) FINDINGS.—Congress makes the fol- (A) the Committee on Finance, the Com-
cle imported into the United States from the lowing findings: mittee on Foreign Relations, and the Com-
People’s Republic of China on or after the (A) The People’s Republic of China is the mittee on Energy and Natural Resources of
date of the enactment of this Act shall be global leader in mining, refining, and compo- the Senate; and
collected on an article until the President nent manufacturing of rare earth elements,
(B) the Committee on Ways and Means, the
has established the exclusion process re- producing approximately 85 percent of the
Committee on Foreign Affairs, and the Com-
quired by subsection (a). world’s supply between 2011 and 2017.
mittee on Energy and Commerce of the
(f) RETROACTIVE APPLICATION FOR CERTAIN (B) In 2019, the United States imported an
House of Representatives.
LIQUIDATIONS AND RELIQUIDATIONS.— estimated 80 percent of its rare earth com-
(1) IN GENERAL.—Notwithstanding section pounds from the People’s Republic of China.
(C) On March 26, 2014, the World Trade Or-
SA 1775. Mr. LANKFORD submitted
514 of the Tariff Act of 1930 (19 U.S.C. 1514) or
any other provision of law, any entry of an ganization ruled that the People’s Republic an amendment intended to be proposed
article imported from the People’s Republic of China’s export restraints on rare earth to amendment SA 1502 proposed by Mr.
of China that would have been subject to a minerals violated its obligations under its SCHUMER to the bill S. 1260, to establish
lower rate of duty if the entry had been protocol of accession to the World Trade Or- a new Directorate for Technology and
made after the issuance of an exclusion of ganization, thereby harming United States Innovation in the National Science
the article from the imposition of a duty de- manufacturers and workers. Foundation, to establish a regional
scribed in subsection (b) pursuant to the ex- (D) The Chinese Communist Party has
threatened to leverage the People’s Republic
technology hub program, to require a
clusion process established under subsection
(a), that was made— of China’s dominant position in the rare strategy and report on economic secu-
(A) after the imposition of the duty de- earth market to ‘‘strike back’’ at the United rity, science, research, innovation,
scribed in subsection (b) with respect to that States. manufacturing, and job creation, to es-
article; and (E) The Quadrilateral Security Dialogue is tablish a critical supply chain resil-
(B) before the issuance of the exclusion, an effective partnership for reliable multi- iency program, and for other purposes;
shall be liquidated or reliquidated as though lateral financing, development, and distribu- which was ordered to lie on the table;
the entry occurred after the issuance of the tion of goods for global consumption, as evi- as follows:
exclusion. denced by the Quad Vaccine Partnership an-
(2) REQUESTS.—A liquidation or reliquida- nounced on March 12, 2021. At the end of section 2107(c), add the fol-
tion may be made under paragraph (1) with (2) SENSE OF CONGRESS.—It is the sense of lowing: ‘‘The Director shall require not less
respect to an entry of an article only if a re- Congress that— than 20 percent of the cost of a research and
quest therefor is filed with U.S. Customs and (A) the People’s Republic of China’s domi- development activity described in subsection
Border Protection not later than 180 days nant share of the global rare earth mining (a) to be provided by a non-Federal source.’’.
after the issuance of an exclusion described market is a threat to the economic stability,
in paragraph (1) with respect to that article well being, and competitiveness of key in- SA 1776. Mr. LANKFORD (for him-
that contains sufficient information to en- dustries in the United States; self, Mr. KING, and Ms. MURKOWSKI)
able U.S. Customs and Border Protection— (B) the United States should reduce reli- submitted an amendment intended to
(A) to locate the entry; or ance on the People’s Republic of China for be proposed to amendment SA 1502 pro-
(B) to reconstruct the entry if it cannot be rare earth minerals through— posed by Mr. SCHUMER to the bill S.
located. (i) strategic investments in development 1260, to establish a new Directorate for
(3) PAYMENTS OF AMOUNTS OWED.—Any projects, production technologies, and refin-
Technology and Innovation in the Na-
amounts owed by the United States pursuant ing facilities in the United States; or
to the liquidation or reliquidation of an (ii) in partnership with strategic allies of tional Science Foundation, to establish
entry of an article under paragraph (1) shall the United States that are reliable trading a regional technology hub program, to
be paid, without interest, not later than 90 partners, including members of the Quad- require a strategy and report on eco-
days after the date of the liquidation or re- rilateral Security Dialogue; and nomic security, science, research, inno-
liquidation (as the case may be). (C) the United States Trade Representative vation, manufacturing, and job cre-
(g) EXCLUSION PROCESS ESTABLISHED BY should initiate multilateral talks among the ation, to establish a critical supply
USTR.—If the United States Trade Rep- countries of the Quadrilateral Security Dia- chain resiliency program, and for other
resentative establishes an exclusion process logue to promote shared investment and de-
as described under the heading ‘‘SALARIES purposes; which was ordered to lie on
velopment of rare earth minerals.
AND EXPENSES’’ under the heading ‘‘OFFICE (b) REPORT REQUIRED.— the table; as follows:
OF THE UNITED STATES TRADE REPRESENTA- (1) IN GENERAL.—Not later than 120 days At the end of title III of division F, add the
TIVE’’ in title IV of division C of the joint ex- after the date of the enactment of this Act, following:
planatory statement of the committee of the United States Trade Representative, in SEC. 63ll. LOAN GUARANTEES FOR PROJECTS
conference accompanying the Consolidated consultation with the officials specified in THAT INCREASE THE DOMESTIC
Appropriations Act, 2019 (Public Law 116–6), paragraph (3), shall submit to the appro- SUPPLY OF CRITICAL MINERALS.
the Trade Representative shall establish priate congressional committees a report on (a) IN GENERAL.—Section 1703(b) of the En-
that process in accordance with this section. the work of the Trade Representative to ad- ergy Policy Act of 2005 (42 U.S.C. 16513(b)) is
(h) DEFINITIONS.—In this section: dress the national security threat posed by amended by adding at the end the following:
(1) ENTRY.—The term ‘‘entry’’ includes a the People’s Republic of China’s control of ‘‘(13) Projects that increase the domestic
withdrawal from warehouse for consumption. nearly 2⁄3 of the global supply of rare earth supply of critical minerals (as defined in sec-
(2) UNITED STATES ENTITY.—The term minerals. tion 7002(a) of the Energy Act of 2020 (30
‘‘United States entity’’ means an entity or- (2) ELEMENTS.—The report required by U.S.C. 1606(a)), including through the produc-
ganized under the laws of the United States paragraph (1) shall include— tion, processing, and recycling of critical
or any jurisdiction within the United States. (A) a description of the extent of the en- minerals and the fabrication of mineral al-
gagement of the United States with the ternatives.’’.
SA 1774. Mr. LANKFORD submitted (b) PROHIBITION ON USE OF APPROPRIATED
other countries of the Quadrilateral Security
an amendment intended to be proposed Dialogue to promote shared investment and FUNDS.—Amounts appropriated to the De-
to amendment SA 1502 proposed by Mr. development of rare earth minerals during partment of Energy before the date of enact-
SCHUMER to the bill S. 1260, to establish the period beginning on the date of the en- ment of this Act shall not be made available
a new Directorate for Technology and actment of this Act and ending on the date for the cost of loan guarantees made under
Innovation in the National Science of the report; and paragraph (13) of section 1703(b) of the En-
Foundation, to establish a regional (B) a description of the plans of the Presi- ergy Policy Act of 2005 (42 U.S.C. 16513(b)).
technology hub program, to require a dent to leverage the partnership of the coun-
strategy and report on economic secu- tries of the Quadrilateral Security Dialogue SA 1777. Mr. RUBIO (for himself and
to produce a more reliable and secure global Mr. MERKLEY) submitted an amend-
SSpencer on DSK126QN23PROD with SENATE
rity, science, research, innovation,
supply chain of rare earth minerals. ment intended to be proposed to
manufacturing, and job creation, to es-
(3) OFFICIALS SPECIFIED.—The officials amendment SA 1502 proposed by Mr.
tablish a critical supply chain resil- specified in this paragraph are the following:
iency program, and for other purposes; SCHUMER to the bill S. 1260, to establish
(A) The Secretary of State.
which was ordered to lie on the table; (B) the Secretary of Commerce. a new Directorate for Technology and
as follows: (C) The Chief Executive Officer of the Innovation in the National Science
At the end of subtitle B of title I of divi- United States International Development Fi- Foundation, to establish a regional
sion C, add the following: nance Corporation. technology hub program, to require a
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3235
strategy and report on economic secu- rectly or indirectly, any person subject to opening, and prohibit or impose strict condi-
rity, science, research, innovation, sanctions pursuant to paragraph (1), (2), or tions on the maintaining, in the United
manufacturing, and job creation, to es- (3). States of a correspondent account or a pay-
(b) SANCTIONS DESCRIBED.—The sanctions able-through account by the foreign finan-
tablish a critical supply chain resil- that may be imposed with respect to a per- cial institution.
iency program, and for other purposes; son described in subsection (a) are the fol-
which was ordered to lie on the table; lowing: (c) EXCEPTIONS.—
(1) INAPPLICABILITY OF NATIONAL EMER-
as follows: (1) BLOCKING OF PROPERTY.—The President
GENCY REQUIREMENT.—The requirements of
On page 818, beginning on line 16, strike may, in accordance with the International
Emergency Economic Powers Act (50 U.S.C. section 202 of the International Emergency
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this Economic Powers Act (50 U.S.C. 1701) shall
paragraph’’ and insert the following: 1701 et seq.), block and prohibit all trans-
actions in all property and interests in prop- not apply for purposes of subsection (b)(1).
(b) REPRESENTATIVE TITLE FOR DIRECTOR (2) COMPLIANCE WITH UNITED NATIONS HEAD-
OF AMERICAN INSTITUTE IN TAIWAN’S TAIPEI erty of the person if such property and inter-
ests in property are in the United States, QUARTERS AGREEMENT.—Paragraphs (2) and
OFFICE.—The position of Director of the (3) of subsection (b) shall not apply if admis-
American Institute in Taiwan’s Taipei office come within the United States, or are or
come within the possession or control of a sion of an alien to the United States is nec-
shall have the title of Representative. essary to permit the United States to com-
(c) RULE OF CONSTRUCTION.—Nothing in United States person.
(2) INELIGIBILITY FOR VISAS, ADMISSION, OR ply with the Agreement regarding the Head-
this section quarters of the United Nations, signed at
--- PAROLE.—
(A) VISAS, ADMISSION, OR PAROLE.—In the Lake Success, June 26, 1947, and entered into
SA 1778. Mr. RUBIO (for himself, Mr. force, November 21, 1947, between the United
case of an alien, the alien may be—
CARDIN, and Mr. BARRASSO) submitted Nations and the United States.
(i) inadmissible to the United States;
an amendment intended to be proposed (ii) ineligible to receive a visa or other doc- (3) EXCEPTION RELATING TO IMPORTATION OF
to amendment SA 1502 proposed by Mr. umentation to enter the United States; and GOODS.—
SCHUMER to the bill S. 1260, to establish (iii) otherwise ineligible to be admitted or (A) IN GENERAL.—The authority or a re-
a new Directorate for Technology and paroled into the United States or to receive quirement to impose sanctions under this
Innovation in the National Science any other benefit under the Immigration and section shall not include the authority or a
Nationality Act (8 U.S.C. 1101 et seq.). requirement to impose sanctions on the im-
Foundation, to establish a regional
(B) CURRENT VISAS REVOKED.— portation of goods.
technology hub program, to require a (B) GOOD DEFINED.—In this paragraph, the
(i) IN GENERAL.—An alien described in sub-
strategy and report on economic secu- paragraph (A) may be subject to revocation term ‘‘good’’ means any article, natural or
rity, science, research, innovation, of any visa or other entry documentation re- manmade substance, material, supply, or
manufacturing, and job creation, to es- gardless of when the visa or other entry doc- manufactured product, including inspection
tablish a critical supply chain resil- umentation is or was issued. and test equipment, and excluding technical
iency program, and for other purposes; (ii) IMMEDIATE EFFECT.—A revocation data.
which was ordered to lie on the table; under clause (i) may— (d) PENALTIES.—The penalties provided for
as follows: (I) take effect immediately; and in subsections (b) and (c) of section 206 of the
(II) cancel any other valid visa or entry International Emergency Economic Powers
At the end of title II of division E, add the documentation that is in the alien’s posses-
following: Act (50 U.S.C. 1705) shall apply to a person
sion.
Subtitle C—South China Sea and East China that violates, attempts to violate, conspires
(3) EXCLUSION OF CORPORATE OFFICERS.—
Sea Sanctions Act to violate, or causes a violation of regula-
The President may direct the Secretary of
tions prescribed under subsection (b)(1) to
SEC. 5221. SHORT TITLE. State to deny a visa to, and the Secretary of
the same extent that such penalties apply to
This subtitle may be cited as the ‘‘South Homeland Security to exclude from the
a person that commits an unlawful act de-
China Sea and East China Sea Sanctions Act United States, any alien that the President
scribed in subsection (a) of such section 206.
of 2021’’. determines is a corporate officer or principal
SEC. 5222. SANCTIONS WITH RESPECT TO CHI- of, or a shareholder with a controlling inter- (e) DEFINITIONS.—In this section:
NESE PERSONS RESPONSIBLE FOR est in, the person. (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY-
CHINA’S ACTIVITIES IN THE SOUTH (4) EXPORT SANCTION.—The President may ABLE-THROUGH ACCOUNT.—The terms ‘‘ac-
CHINA SEA AND THE EAST CHINA order the United States Government not to count’’, ‘‘correspondent account’’, and ‘‘pay-
SEA. issue any specific license and not to grant able-through account’’ have the meanings
(a) INITIAL IMPOSITION OF SANCTIONS.—On any other specific permission or authority to given those terms in section 5318A of title 31,
and after the date that is 120 days after the export any goods or technology to the person United States Code.
date of the enactment of this Act, the Presi- under— (2) ALIEN.—The term ‘‘alien’’ has the
dent may impose the sanctions described in (A) the Export Control Reform Act of 2018 meaning given that term in section 101(a) of
subsection (b) with respect to any Chinese (50 U.S.C. 4801 et seq.); or the Immigration and Nationality Act (8
person that the President determines— (B) any other statute that requires the U.S.C. 1101(a)).
(1) is responsible for or significantly con- prior review and approval of the United (3) CHINESE PERSON.—The term ‘‘Chinese
tributes to large-scale reclamation, con- States Government as a condition for the ex- person’’ means—
struction, militarization, or ongoing supply port or reexport of goods or services. (A) an individual who is a citizen or na-
of disputed outposts in the South China Sea; (5) INCLUSION ON ENTITY LIST.—The Presi- tional of the People’s Republic of China; or
(2) is responsible for or significantly con- dent may include the entity on the entity (B) an entity organized under the laws of
tributes to, or has engaged in, directly or in- list maintained by the Bureau of Industry the People’s Republic of China or otherwise
directly, actions or policies using coercion to and Security of the Department of Com- subject to the jurisdiction of the Govern-
inhibit another country from protecting its merce and set forth in Supplement No. 4 to ment of the People’s Republic of China.
sovereign rights to access offshore resources part 744 of the Export Administration Regu- (4) FINANCIAL INSTITUTION.—The term ‘‘fi-
in the South China Sea, including in such lations, for activities contrary to the na- nancial institution’’ means a financial insti-
country’s exclusive economic zone, con- tional security or foreign policy interests of tution specified in subparagraph (A), (B), (C),
sistent with such country’s rights and obli- the United States. (D), (E), (F), (G), (H), (I), (J), (K), (M), (N),
gations under international law; (6) BAN ON INVESTMENT IN EQUITY OR DEBT (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of
(3) is responsible for or complicit in, or has OF SANCTIONED PERSON.—The President may, title 31, United States Code.
engaged in, directly or indirectly, actions or pursuant to such regulations or guidelines as (5) FOREIGN FINANCIAL INSTITUTION.—The
policies that significantly threaten the the President may prescribe, prohibit any term ‘‘foreign financial institution’’ has the
peace, security, or stability of disputed areas United States person from investing in or meaning given that term in section 1010.605
of the South China Sea or areas of the East purchasing significant amounts of equity or of title 31, Code of Federal Regulations (or
China Sea administered by Japan or the Re- debt instruments of the person. any corresponding similar regulation or rul-
public of Korea, including through the use of (7) BANKING TRANSACTIONS.—The President ing).
vessels and aircraft by the People’s Republic may, pursuant to such regulations as the (6) PERSON.—The term ‘‘person’’ means any
of China to occupy or conduct extensive re- President may prescribe, prohibit any trans- individual or entity.
search or drilling activity in those areas; fers of credit or payments between financial (7) UNITED STATES PERSON.—The term
SSpencer on DSK126QN23PROD with SENATE
(4) has materially assisted, sponsored, or institutions or by, through, or to any finan- ‘‘United States person’’ means—
provided financial, material, or techno- cial institution, to the extent that such (A) a United States citizen or an alien law-
logical support for, or goods or services to, transfers or payments are subject to the ju- fully admitted for permanent residence to
or in support of, any person subject to sanc- risdiction of the United States and involve the United States; or
tions pursuant to paragraphs (1), (2), or (3); any interest of the person. (B) an entity organized under the laws of
or (8) CORRESPONDENT AND PAYABLE-THROUGH the United States or of any jurisdiction
(5) is owned or controlled by, or has acted ACCOUNTS.—In the case of a foreign financial within the United States, including a foreign
or purported to act for or on behalf of, di- institution, the President may prohibit the branch of such an entity.
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S3236 CONGRESSIONAL RECORD — SENATE May 20, 2021
SEC. 5223. PROHIBITION AGAINST DOCUMENTS program, to require a strategy and re- (F) Growth in new technologies developed
PORTRAYING THE SOUTH CHINA SEA within the Industry Cluster.
OR THE EAST CHINA SEA AS PART
port on economic security, science, re-
search, innovation, manufacturing, and (3) REPORTING.—The Administrator shall
OF CHINA.
require Cluster Initiatives to submit annual
The Government Publishing Office may job creation, to establish a critical sup-
reports documenting the outcomes in para-
not publish any map, document, record, elec- ply chain resiliency program, and for graph (2) and the activities contributing to
tronic resource, or other paper of the United other purposes; which was ordered to those outcomes.
States (other than materials relating to lie on the table; as follows: (4) SELECTION CRITERIA.—In entering into
hearings held by committees of Congress or At the appropriate place, insert the fol- contracts with Cluster Initiatives under this
internal work product of a Federal agency) lowing: subsection, the Administrator shall con-
portraying or otherwise indicating that it is SEC. ll. REGIONAL INNOVATION CLUSTERS. sider—
the position of the United States that the (a) DEFINITIONS.—In this section: (A) the probable impact of the Cluster Ini-
territory or airspace in the South China Sea (1) ADMINISTRATOR.—The term ‘‘Adminis- tiative on the competitiveness of the Indus-
that is disputed among two or more parties trator’’ means the Administrator of the try Cluster, including—
or the territory or airspace of areas adminis- Small Business Administration. (i) whether the Cluster Initiative will be
tered by Japan or the Republic of Korea, in- (2) AWARD.—The term ‘‘award’’ means a inclusive of any and all organizations that
cluding in the East China Sea, is part of the contract, grant, or cooperative agreement. might benefit from participation, including
territory or airspace of the People’s Republic (3) CLUSTER INITIATIVE.—The term ‘‘Cluster startups, small business concerns not locally
of China. Initiative’’ means a formally organized ef- owned, and small business concerns rival to
SEC. 5224. AUTHORIZATION TO PROHIBIT CER- fort to promote the growth and competitive- existing members of the Industry Cluster;
TAIN ASSISTANCE TO COUNTRIES and
ness of an industry sector through collabo-
THAT RECOGNIZE CHINESE SOV-
EREIGNTY OVER THE SOUTH CHINA rative activities among Industry Cluster par- (ii) whether the Cluster Initiative will en-
SEA OR THE EAST CHINA SEA. ticipants that is led by— courage broad participation by and collabo-
(a) PROHIBITION.—Except as provided by (A) a State; ration among all types of participants;
subsection (c) or (d), no amounts may be ob- (B) an Indian Tribe; (B) if the proposed Cluster Initiative fits
ligated or expended to provide foreign assist- (C) a city or other political subdivision of within a broader and achievable economic
ance to the government of any country iden- a State; development strategy;
tified in a report required by subsection (b). (D) a nonprofit organization, including an (C) the capacity and commitment of the
(b) REPORT REQUIRED.— institution of higher education or a venture sponsoring organization of the Cluster Ini-
(1) IN GENERAL.—Not later than 60 days development organization; or tiative organization, including—
after the date of the enactment of this Act, (E) a small business concern. (i) the expected ability of the Cluster Ini-
and annually thereafter until the date that (4) INDUSTRY CLUSTER.—The term ‘‘Indus- tiative to access additional funds from other
is 3 years after such date of enactment, the try Cluster’’ means a geographic concentra- sources; and
Secretary of State shall submit to the appro- tion, relative to the size of the region under (ii) the capacity of the Cluster Initiative to
priate committees of Congress a report iden- consideration, of interconnected businesses, sustain activities once grant funds have been
tifying each country that the Secretary de- suppliers, service providers, and associated expended;
termines has taken an official and stated po- institutions in an industry sector, including (D) the degree of involvement from rel-
sition to recognize, after such date of enact- advanced manufacturing, precision agri- evant State and regional economic and
ment, the sovereignty of the People’s Repub- culture, cybersecurity, biosciences, water workforce development organizations, other
lic of China over territory or airspace dis- technologies, energy production and effi- public purpose institutions (such as univer-
ciency, and outdoor recreation. sities, community colleges, venture develop-
puted by one or more countries in the South
(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ ment organizations, and workforce boards),
China Sea or the territory or airspace of
has the meaning given the term ‘‘Indian and the private sector, including industry as-
areas of the East China Sea administered by
tribe’’ in section 4 of the Indian Self-Deter- sociations; and
Japan or the Republic of Korea.
mination and Education Assistance Act (25 (E) the extent to which economic diversity
(2) FORM.—The report required by para-
U.S.C. 5304). across regions of the United States would be
graph (1) shall be submitted in unclassified
(6) INSTITUTION OF HIGHER EDUCATION.—The increased through the contract.
form, but may include a classified annex if
term ‘‘institution of higher education’’ has (5) INITIAL AWARD.—The Administrator
the Secretary of State determines it is nec-
the meaning given the term in section 101 of may enter into a 1-year award not to exceed
essary for the national security interests of
the Higher Education Act of 1965 (20 U.S.C. $1,000,000 with each Cluster Initiative.
the United States to do so. (6) RENEWAL.—
1001).
(3) PUBLIC AVAILABILITY.—The Secretary of (A) IN GENERAL.—The Administrator may
(7) SMALL BUSINESS CONCERN.—The term
State shall publish the unclassified part of renew an award entered into with a Cluster
‘‘small business concern’’ has the meaning
the report required by paragraph (1) on a given the term in section 3 of the Small Initiative under paragraph (5)—
publicly available website of the Department Business Act (15 U.S.C. 632). (i) for 1 year in an amount not to exceed
of State. (8) STATE.—The term ‘‘State’’ means each $750,000 per year; and
(c) EXCEPTION.—This section shall not
of the several States of the United States, (ii) for a total period not to exceed 5 years.
apply with respect to Taiwan, counterter-
the District of Columbia, the Commonwealth (B) REQUIREMENT.—A Cluster Initiative
rorism activities, counternarcotics activi-
of Puerto Rico, the United States Virgin Is- shall compete in a new funding opportunity
ties, global health assistance, humanitarian
lands, Guam, American Samoa, the Com- to receive any further awards under this sub-
assistance, disaster assistance, or emergency
monwealth of the Northern Mariana Islands, section.
food assistance.
(d) WAIVER.—The President may waive the or any other territory or possession of the (7) CLUSTER INITIATIVE RESOURCES.—
application of subsection (a) with respect to United States. (A) IN GENERAL.—The Administrator may
(b) SUPPORTING INDUSTRY CLUSTERS.— not enter into a contract under this sub-
the government of a country if the President
(1) AUTHORIZATION.—The Administrator section that would provide more than two-
determines that the waiver is in the national
shall enter into contracts with Cluster Ini- thirds of the revenue of the entity receiving
interests of the United States.
(e) APPROPRIATE COMMITTEES OF CONGRESS tiatives that strengthen Industry Clusters in the award.
DEFINED.—In this section, the term ‘‘appro- accordance with the requirements under this (B) EXCEPTION.—The Administrator may
priate committees of Congress’’ means— subsection. make an award providing a higher percent-
(1) the Committee on Foreign Relations, (2) INDUSTRY CLUSTER OUTCOMES.—Cluster age of the revenue of the entity receiving the
the Committee on Armed Services, the Com- Initiatives shall be assessed according to award if the recipient adequately dem-
mittee on Banking, Housing, and Urban Af- their performance along the following onstrates that the Cluster Initiative will be
fairs, and the Select Committee on Intel- metrics: able to access additional funding, such as
ligence of the Senate; and (A) Growth in number of small business through the revenues of subcontractors or
(2) the Committee on Foreign Affairs, the concerns participating in the Industry Clus- through a commitment of matching funds
Committee on Armed Services, the Com- ter and support industries. provided from regional partners.
mittee on Financial Services, and the Per- (B) Growth in number of small business (8) COMPETITIVE PROCESS.—The Adminis-
manent Select Committee on Intelligence of concern startups in the Industry Cluster. trator shall enter into new awards under this
the House of Representatives. (C) Growth in total capital, including rev- subsection for each year that appropriations
enue and equity investments, flowing to are available.
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---
SA 1779. Mr. MORAN (for himself and small business concern participants in the (c) FEASIBILITY STUDY GRANTS.—
Ms. BALDWIN) submitted an amendment Industry Cluster. (1) IN GENERAL.—The Administrator may
(D) Growth in job creation by small busi- award grants for feasibility studies, plan-
intended to be proposed by him to the
ness concerns or, in regions with declining ning, and operations to support the launch of
bill S. 1260, to establish a new Direc- total employment, job retention by small new Cluster Initiatives.
torate for Technology and Innovation business concerns in the Industry Cluster. (2) AMOUNT.—The total amount of grants
in the National Science Foundation, to (E) Growth in new products, services, or awarded under paragraph (1) shall not exceed
establish a regional technology hub business lines. $250,000.
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3237
(3) ELIGIBLE RECIPIENTS.—The Adminis- (A) review whether any sums in the Thrift tablish a critical supply chain resil-
trator may provide grants under paragraph Savings Fund are invested in violation of iency program, and for other purposes;
(1) to— subsection (i) of section 8438 of that title, as which was ordered to lie on the table;
(A) a State; added by paragraph (1) of this subsection;
as follows:
(B) an Indian Tribe; (B) if any sums are invested in the manner
(C) a city or other political subdivision of described in subparagraph (A), divest those Strike section 3313 and insert the fol-
a State; or sums in a manner that is consistent with the lowing:
(D) a nonprofit organization, including an legal and fiduciary duties provided under SEC. 3313. MODIFICATIONS TO AND REAUTHOR-
IZATION OF SANCTIONS WITH RE-
institution of higher education or a venture chapter 84 of that title, or any other applica-
SPECT TO HUMAN RIGHTS VIOLA-
development organization. ble provision of law; and TIONS.
(d) AUTHORIZATION OF APPROPRIATIONS.— (C) reinvest any sums divested under sub- (a) DEFINITIONS.—Section 1262 of the Global
There are authorized to be appropriated paragraph (B) in investments that do not Magnitsky Human Rights Accountability
$50,000,000 for fiscal year 2022 and each subse- violate subsection (i) of section 8438 of that Act (Subtitle F of title XII of Public Law
quent fiscal year to carry out this section. title, as added by paragraph (1) of this sub- 114–328; 22 U.S.C. 2656 note) is amended by
section. striking paragraph (2) and inserting the fol-
SA 1780. Mr. TUBERVILLE sub- (c) PROHIBITION ON INVESTMENT OF TSP lowing:
mitted an amendment intended to be FUNDS IN ENTITIES ORGANIZED OR ESTAB- ‘‘(2) IMMEDIATE FAMILY MEMBER.—The term
proposed by him to the bill S. 1260, to LISHED IN THE PEOPLE’S REPUBLIC OF CHINA
‘immediate family member’, with respect to
establish a new Directorate for Tech- THROUGH THE TSP MUTUAL FUND WINDOW.— a foreign person, means the spouse, parent,
nology and Innovation in the National Section 8438(b)(5) of title 5, United States sibling, or adult child of the person.’’.
Science Foundation, to establish a re- Code, is amended by adding at the end the (b) SENSE OF CONGRESS.—The Global
following: Magnitsky Human Rights Accountability
gional technology hub program, to re- ‘‘(E) A mutual fund accessible through a
quire a strategy and report on eco- Act (Subtitle F of title XII of Public Law
mutual fund window authorized under this 114–328; 22 U.S.C. 2656 note) is amended by in-
nomic security, science, research, inno- paragraph may not include an investment in serting after section 1262 the following new
vation, manufacturing, and job cre- any security of— section:
ation, to establish a critical supply ‘‘(i) an entity organized or established in ‘‘SEC. 1262A. SENSE OF CONGRESS.
chain resiliency program, and for other the People’s Republic of China; or ‘‘It is the sense of Congress that the Presi-
purposes; which was ordered to lie on ‘‘(ii) any subsidiary that is owned or oper- dent should establish and regularize informa-
the table; as follows: ated by an entity described in clause (i).’’. tion sharing and sanctions-related decision
At the appropriate place, insert the fol- making with like-minded governments pos-
SA 1781. Mr. LEE submitted an sessing human rights and anti-corruption
lowing:
SEC. lll. PROHIBITING TSP INVESTMENT IN
amendment intended to be proposed to sanctions programs similar in nature to
CHINA. amendment SA 1502 proposed by Mr. those authorized under this subtitle.’’.
(a) FINDINGS.—Congress finds the fol- SCHUMER to the bill S. 1260, to establish (c) IMPOSITION OF SANCTIONS.—
lowing: a new Directorate for Technology and (1) IN GENERAL.—Subsection (a) of section
(1) The Thrift Savings Fund invests more Innovation in the National Science 1263 of the Global Magnitsky Human Rights
than $700,000,000,000 on behalf of plan partici- Foundation, to establish a regional Accountability Act (Subtitle F of title XII of
pants. As the guardian of the retirement Public Law 114–328; 22 U.S.C. 2656 note) is
technology hub program, to require a amended to read as follows:
funds of approximately 6,000,000 Federal ci-
vilian and military plan participants, it is
strategy and report on economic secu- ‘‘(a) IN GENERAL.—The President may im-
critical that sums in the Thrift Savings rity, science, research, innovation, pose the sanctions described in subsection (b)
Fund are not invested in securities linked to manufacturing, and job creation, to es- with respect to—
the economy of the People’s Republic of tablish a critical supply chain resil- ‘‘(1) any foreign person that the President
China. iency program, and for other purposes; determines, based on credible information—
(2) Companies headquartered in the Peo- which was ordered to lie on the table; ‘‘(A) is responsible for or complicit in, or
ple’s Republic of China have repeatedly com- has directly or indirectly engaged in, serious
as follows:
mitted corporate espionage, violated sanc- human rights abuse or any violation of inter-
At the appropriate place, insert the fol- nationally recognized human rights;
tions imposed by the United States, flouted
lowing: ‘‘(B) is a current or former government of-
international property laws, committed
theft, and failed to comply with audit and SEC. ll. REQUIREMENT FOR AN AUTHORIZA- ficial, or a person acting for or on behalf of
TION FOR THE USE OF MILITARY such an official, who is responsible for or
regulatory standards designed to safeguard FORCE.
investors. complicit in, or has directly or indirectly en-
Notwithstanding the War Powers Resolu- gaged in—
(3) The Thrift Savings Plan is known for
tion (Public Law 93–148; 50 U.S.C. 1541 et ‘‘(i) corruption, including—
its low management fees and comprehensive
seq.), the Authorization for Use of Military ‘‘(I) the misappropriation of state assets;
array of investment strategies. The provi-
Force (Public Law 107–40; 50 U.S.C. 1541 ‘‘(II) the expropriation of private assets for
sions of this section, and the amendments
note), any other provision of law, and any personal gain;
made by this section, will not increase fees
obligations under the Japanese Treaty, the ‘‘(III) corruption related to government
imposed on participants of the Thrift Sav-
Philippines Treaty, the U.S. Australia New contracts or the extraction of natural re-
ings Plan.
Zealand Agreement, the Republic of Korea sources; or
(4) The November 2017 selection of the
Treaty, or the Southeast Asia Treaty, the ‘‘(IV) bribery; or
MSCI ACWI Index by the Federal Retirement
President may not introduce members of the ‘‘(ii) the transfer or facilitation of the
Thrift Investment Board, initially scheduled
Armed Forces into hostilities in or involving transfer of the proceeds of corruption;
to be effective in 2020, would violate the
the People’s Republic of China unless— ‘‘(C) is or has been a leader or official of—
terms of subsection (i) of section 8438 of title
(1) such action is necessary, for a period of ‘‘(i) an entity, including a government en-
5, United States Code, as added by subsection
no longer than 30 days, to repel a sudden at- tity, that has engaged in, or whose members
(b)(1) of this section.
(b) PROHIBITION ON ANY TSP FUND INVEST- tack, or the concrete, specific, and imme- have engaged in, any of the activities de-
ING IN ENTITIES ORGANIZED OR ESTABLISHED
diate threat of such a sudden attack, upon scribed in subparagraph (A) or (B) during the
IN THE PEOPLE’S REPUBLIC OF CHINA.—
the United States, its territories, or posses- tenure of the leader or official; or
(1) IN GENERAL.—Section 8438 of title 5, sions, its armed forces, or other United ‘‘(ii) an entity whose property and inter-
United States Code, is amended by adding at States citizens overseas; or ests in property are blocked pursuant to this
the end the following: (1) Congress has enacted an authorization section as a result of activities during the
‘‘(i) Notwithstanding any other provision for the use of military force. tenure of the leader or official;
of this section, no fund established or over- ‘‘(D) has materially assisted, sponsored, or
seen by the Board may include an invest- SA 1782. Mr. CARDIN submitted an provided financial, material, or techno-
ment in any security of— amendment intended to be proposed to logical support for, or goods or services to or
‘‘(1) an entity organized or established in amendment SA 1502 proposed by Mr. in support of—
the People’s Republic of China; or SCHUMER to the bill S. 1260, to establish ‘‘(i) an activity described in subparagraph
SSpencer on DSK126QN23PROD with SENATE
‘‘(2) any subsidiary that is owned or oper- a new Directorate for Technology and (A) or (B) that is conducted by a foreign per-
ated by an entity described in paragraph Innovation in the National Science son;
(1).’’. ‘‘(ii) a person whose property and interests
Foundation, to establish a regional
(2) DIVESTITURE OF ASSETS.—Not later than in property are blocked pursuant to this sec-
180 days after the date of enactment of this technology hub program, to require a tion; or
Act, the Federal Retirement Thrift Invest- strategy and report on economic secu- ‘‘(iii) an entity, including a government
ment Board established under section 8472(a) rity, science, research, innovation, entity, that has engaged in, or whose mem-
of title 5, United States Code, shall— manufacturing, and job creation, to es- bers have engaged in, an activity described
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S3238 CONGRESSIONAL RECORD — SENATE May 20, 2021
in subparagraph (A) or (B) conducted by a SCHUMER to the bill S. 1260, to establish SEC. 7002. FINDINGS AND PURPOSES.
foreign person; or a new Directorate for Technology and (a) FINDINGS.—Congress finds the fol-
‘‘(E) is owned or controlled by, or acts or is Innovation in the National Science lowing:
purported to act for or on behalf of, directly (1) During times of economic downturn or
or indirectly, a person whose property and
Foundation, to establish a regional
recession, communities of color, and busi-
interests in property are blocked pursuant to technology hub program, to require a nesses within those communities, are gen-
this section; and strategy and report on economic secu- erally more adversely affected, which re-
‘‘(2) any immediate family member of a rity, science, research, innovation, quires an expansion of the ability of the Fed-
person described in paragraph (1).’’. manufacturing, and job creation, to es- eral Government to infuse resources into
(2) SANCTIONS DESCRIBED.—Clause (ii) of tablish a critical supply chain resil- those communities.
subsection (b)(2)(C) of such section is amend- iency program, and for other purposes; (2) Despite the growth in the number of mi-
ed to read as follows: nority business enterprises, gaps remain
‘‘(ii) GOOD.—In this subparagraph, the term
which was ordered to lie on the table;
with respect to key metrics for those enter-
‘good’ means any article, natural or man- as follows:
prises, such as access to capital, revenue,
made substance, material, supply, or manu- At the end, add the following: number of employees, and survival rate. Spe-
factured product, including inspection and DIVISION G—MINORITY BUSINESS cifically—
test equipment, and excluding technical RESILIENCY (A) according to the Department of Com-
data.’’. SEC. 7001. SHORT TITLE; TABLE OF CONTENTS. merce, minority business enterprises are 2 to
(3) CONSIDERATION OF CERTAIN INFORMA- 3 times more likely to be denied loans than
(a) SHORT TITLE.—This division may be
TION.—Subsection (c)(2) of such section is non-minority business enterprises;
cited as the ‘‘Minority Business Resiliency
amended by inserting ‘‘corruption and’’ after (B) according to the Bureau of the Census,
Act of 2021’’.
‘‘monitor’’. the average non-minority business enterprise
(b) TABLE OF CONTENTS.—The table of con-
(4) REQUESTS BY CONGRESS.—Subsection (d) reports receipts that are more than 3 times
tents for this division is as follows:
of such section is amended— higher than receipts reported by the average
(A) in paragraph (1)— DIVISION G—MINORITY BUSINESS
minority business enterprise; and
(i) in the matter preceding subparagraph RESILIENCY
(C) according to the Kauffman Founda-
(A), by striking ‘‘subsection (a)’’ and insert- Sec. 7001. Short title; table of contents. tion—
ing ‘‘subsection (a)(1)’’; and Sec. 7002. Findings and purposes. (i) minority business enterprises are 1⁄2 as
(ii) in subparagraph (B)(i), by inserting ‘‘or Sec. 7003. Definitions. likely to employ individuals, as compared
an immediate family member of the person’’; Sec. 7004. Minority Business Development with non-minority business enterprises; and
and Agency. (ii) if minorities started and owned busi-
(B) in paragraph (2)— TITLE I—EXISTING INITIATIVES nesses at the same rate as non-minorities,
(i) in subparagraph (A)— the United States economy would have more
Subtitle A—Market Development, Research,
(I) in the subparagraph heading, by strik- than 1,000,000 additional employer businesses
and Information
ing ‘‘HUMAN RIGHTS VIOLATIONS’’ and insert- and more than 9,500,000 additional jobs.
ing ‘‘SERIOUS HUMAN RIGHTS ABUSE OR VIOLA- Sec. 7101. Private sector development.
Sec. 7102. Public sector development. (3) Because of the conditions described in
TIONS OF INTERNATIONALLY RECOGNIZED
Sec. 7103. Research and information. paragraph (2), it is in the interest of the
HUMAN RIGHTS’’; and
United States and the economy of the United
(II) by striking ‘‘described in paragraph (1) Subtitle B—Minority Business Development
States to expeditiously ameliorate the dis-
or (2) of subsection (a)’’ and inserting ‘‘de- Agency Business Center Program
parities that minority business enterprises
scribed in subsection (a)(1) relating to seri- Sec. 7111. Definition. experience.
ous human rights abuse or any violation of Sec. 7112. Purpose. (4) Many individuals who own minority
internationally recognized human rights’’; Sec. 7113. Establishment. business enterprises are socially disadvan-
and Sec. 7114. Grants and cooperative agree- taged because those individuals identify as
(ii) in subparagraph (B)— ments. members of certain groups that have suffered
(I) in the matter preceding clause (i), by Sec. 7115. Minimizing disruptions to existing the effects of discriminatory practices or
striking ‘‘described in paragraph (3) or (4) of MBDA Business Center pro- similar circumstances over which those indi-
subsection (a)’’ and inserting ‘‘described in gram. viduals have no control, including individ-
subsection (a)(1) relating to corruption or Sec. 7116. Publicity. uals who are—
the transfer or facilitation of the transfer of Sec. 7117. Funding.
(A) Black or African American;
the proceeds of corruption’’; and TITLE II—NEW INITIATIVES TO PRO- (B) Hispanic or Latino;
(II) by striking ‘‘ranking member of’’ and MOTE ECONOMIC RESILIENCY FOR MI- (C) American Indian or Alaska Native;
all that follows through the period at the NORITY BUSINESSES (D) Asian; and
end and inserting ‘‘ranking member of one of Sec. 7201. Annual diverse business forum on (E) Native Hawaiian or other Pacific Is-
the appropriate congressional committees’’. capital formation. lander.
(5) TERMINATION OF SANCTIONS.—Subsection Sec. 7202. Agency study on alternative fi- (5) Discriminatory practices and similar
(g) of such section is amended, in the matter nancing solutions. circumstances described in paragraph (4) are
preceding paragraph (1), by inserting ‘‘and Sec. 7203. Educational development relating a significant determinant of overall eco-
the immediate family members of that per- to management and entrepre- nomic disadvantage in the United States,
son’’ after ‘‘a person’’. neurship. which is evident in the persistent racial
(d) REPORTS TO CONGRESS.—Section 1264(a)
TITLE III—RURAL MINORITY BUSINESS wealth gap in the United States.
of the Global Magnitsky Human Rights Ac-
countability Act (Subtitle F of title XII of CENTER PROGRAM (6) While other Federal agencies focus only
Public Law 114–328; 22 U.S.C. 2656 note) is on small businesses and businesses that rep-
Sec. 7301. Definitions.
amended— Sec. 7302. Business centers. resent a broader demographic than solely
(1) in paragraph (5), by striking ‘‘; and’’ and Sec. 7303. Report to Congress. minority business enterprises, the Agency
inserting a semicolon; Sec. 7304. Study and report. focuses exclusively on—
(2) in paragraph (6), by striking the period (A) the unique needs of minority business
TITLE IV—MINORITY BUSINESS enterprises; and
at the end and inserting ‘‘; and’’; and DEVELOPMENT GRANTS
(3) by adding at the end the following: (B) enhancing the capacity of minority
Sec. 7401. Grants to nonprofit organizations business enterprises.
‘‘(7) A description of additional steps taken
that support minority business (b) PURPOSES.—The purposes of this divi-
by the President through diplomacy and as-
enterprises. sion are to—
sistance to foreign or security sectors to ad-
Sec. 7402. Minority business grants. (1) require the Agency to promote and ad-
dress persistent underlying causes of serious
human rights abuse, violations of inter- TITLE V—ADMINISTRATIVE AND OTHER minister programs in the public and private
nationally recognized human rights, and cor- POWERS OF THE AGENCY; MISCELLA- sectors to assist the development of minor-
ruption in each country in which foreign per- NEOUS PROVISIONS ity business enterprises; and
sons with respect to which sanctions have Sec. 7501. Administrative powers. (2) achieve the development described in
been imposed under section 1263 are lo- Sec. 7502. Federal assistance. paragraph (1) by authorizing the Assistant
Sec. 7503. Audits. Secretary to carry out programs that will re-
SSpencer on DSK126QN23PROD with SENATE
cated.’’.
(e) REPEAL OF SUNSET.—Section 1265 of the Sec. 7504. Review and report by Comptroller sult in increased access to capital, manage-
Global Magnitsky Human Rights Account- General. ment, and technology for minority business
ability Act (Subtitle F of title XII of Public Sec. 7505. Annual reports; recommendations. enterprises.
Law 114–328; 22 U.S.C. 2656 note) is repealed. Sec. 7506. Separability. SEC. 7003. DEFINITIONS.
--- Sec. 7507. Executive Order 11625. In this division:
SA 1783. Mr. CARDIN submitted an Sec. 7508. Amendment to the Federal Acqui- (1) AGENCY.—The term ‘‘Agency’’ means
amendment intended to be proposed to sition Streamlining Act of 1994. the Minority Business Development Agency
amendment SA 1502 proposed by Mr. Sec. 7509. Authorization of appropriations. of the Department of Commerce.
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3239
(2) ASSISTANT SECRETARY.—The term ‘‘As- as a ‘‘minority business enterprise’’ under (A) IN GENERAL.—The Assistant Secretary
sistant Secretary’’ means the Assistant Sec- that subparagraph because of— shall be compensated at an annual rate of
retary of Commerce for Minority Business (i) the status of the business enterprise as basic pay prescribed for level IV of the Exec-
Development, who is appointed as described a for-profit or not-for-profit enterprise; or utive Schedule under section 5315 of title 5,
in section 7004(b) to administer this division. (ii) the revenue of the business enterprise. United States Code.
(3) COMMUNITY-BASED ORGANIZATION.—The (12) PRIVATE SECTOR ENTITY.—The term (B) TECHNICAL AND CONFORMING AMEND-
term ‘‘community-based organization’’ has ‘‘private sector entity’’— MENT.—Section 5315 of title 5, United States
the meaning given the term in section 8101 of (A) means an entity that is not a public Code, is amended, in the item relating to As-
the Elementary and Secondary Education sector entity; and sistant Secretaries of Commerce, by striking
Act of 1965 (20 U.S.C. 7801). (B) does not include— ‘‘(11)’’ and inserting ‘‘(12)’’.
(4) ELIGIBLE ENTITY.—Except as otherwise (i) the Federal Government; (c) REPORT TO CONGRESS.—Not later than
expressly provided, the term ‘‘eligible enti- (ii) any Federal agency; or 120 days after the date of enactment of this
ty’’— (iii) any instrumentality of the Federal Act, the Secretary shall submit to Congress
(A) means— Government. a report that describes—
(i) a private sector entity; (13) PUBLIC SECTOR ENTITY.—The term (1) the organizational structure of the
(ii) a public sector entity; or ‘‘public sector entity’’ means— Agency;
(iii) a Tribal government; and (A) a State; (2) the organizational position of the Agen-
(B) includes an institution of higher edu- (B) an agency of a State; cy within the Department of Commerce; and
cation. (C) a political subdivision of a State; or (3) a description of how the Agency shall
(5) FEDERAL AGENCY.—The term ‘‘Federal (D) an agency of a political subdivision of function in relation to the operations carried
agency’’ has the meaning given the term a State. out by each other component of the Depart-
‘‘agency’’ in section 551 of title 5, United (14) SECRETARY.—The term ‘‘Secretary’’ ment of Commerce.
States Code. means the Secretary of Commerce. (d) OFFICE OF BUSINESS CENTERS.—
(6) FEDERALLY RECOGNIZED AREA OF ECO- (15) SOCIALLY AND ECONOMICALLY DISADVAN- (1) ESTABLISHMENT.—There is established
NOMIC DISTRESS.—The term ‘‘federally recog- TAGED INDIVIDUAL.— within the Agency an Office of Business Cen-
nized area of economic distress’’ means— (A) IN GENERAL.—The term ‘‘socially and ters.
(A) a HUBZone, as that term is defined in economically disadvantaged individual’’ (2) DIRECTOR.—The Office of Business Cen-
section 31(b) of the Small Business Act (15 means an individual who has been subjected ters shall be administered by a Director, who
U.S.C. 657a(b)); to racial or ethnic prejudice, or to cultural shall be appointed by the Assistant Sec-
(B) an area that— bias, because of the identity of the individual retary.
(i) has been designated as— as a member of a group, without regard to (e) OFFICES OF THE AGENCY.—
(I) an empowerment zone under section any individual quality of the individual that (1) IN GENERAL.—In addition to the regional
1391 of the Internal Revenue Code of 1986; or is unrelated to that identity. offices that the Assistant Secretary is re-
(II) a Promise Zone by the Secretary of (B) PRESUMPTION.—In carrying out this di- quired to establish under paragraph (2), the
Housing and Urban Development; or vision, the Assistant Secretary shall pre- Assistant Secretary shall establish such
(ii) is a low or moderate income area, as sume that the term ‘‘socially and economi- other offices within the Agency as are nec-
determined by the Bureau of the Census; cally disadvantaged individual’’ includes any essary to carry out this division.
(C) a qualified opportunity zone, as that individual who is— (2) REGIONAL OFFICES.—
term is defined in section 1400Z–1 of the In- (i) Black or African American; (A) IN GENERAL.—In order to carry out this
ternal Revenue Code of 1986; or (ii) Hispanic or Latino; division, the Assistant Secretary shall estab-
(D) any other political subdivision or unin- (iii) American Indian or Alaska Native; lish a regional office of the Agency for each
corporated area of a State determined by the (iv) Asian; of the regions of the United States, as deter-
Assistant Secretary to be an area of eco- (v) Native Hawaiian or other Pacific Is- mined by the Assistant Secretary.
nomic distress. lander; or (B) DUTIES.—Each regional office estab-
(7) INDIAN TRIBE.—The term ‘‘Indian (vi) a member of a group that the Agency lished under subparagraph (A) shall expand
Tribe’’— determines under part 1400 of title 15, Code of the reach of the Agency and enable the Fed-
(A) has the meaning given the term in sec- Federal Regulations, as in effect on Novem- eral Government to better serve the needs of
tion 4 of the Indian Self-Determination and ber 23, 1984, is a socially disadvantaged group minority business enterprises in the region
Education Assistance Act (25 U.S.C. 5304); eligible to receive assistance. served by the office, including by—
and (16) SPECIALTY CENTER.—The term ‘‘spe- (i) understanding and participating in the
(B) includes a Native Hawaiian organiza- cialty center’’ means an MBDA Business business environment of that region;
tion. Center that provides specialty services fo- (ii) working with—
(8) INSTITUTION OF HIGHER EDUCATION.—The cusing on specific business needs, including (I) MBDA Business Centers that are lo-
term ‘‘institution of higher education’’ has assistance relating to— cated in that region;
the meaning given the term in section 101 of (A) capital access; (II) resource and lending partners of the
the Higher Education Act of 1965 (20 U.S.C. (B) Federal procurement; Small Business Administration and the De-
1001). (C) entrepreneurship; partment of Agriculture that are located in
(9) MBDA BUSINESS CENTER.—The term (D) technology transfer; or that region; and
‘‘MBDA Business Center’’ means any busi- (E) any other area determined necessary or (III) Federal, State, and local procurement
ness center that— appropriate based on the priorities of the offices that are located in that region;
(A) is established by the Agency; and Agency. (iii) being aware of business retention or
(B) provides technical business assistance (17) STATE.—The term ‘‘State’’ means— expansion programs that are specific to that
to minority business enterprises consistent (A) each of the States of the United States; region;
with the requirements of this division. (B) the District of Columbia; (iv) seeking out opportunities to collabo-
(10) MBDA BUSINESS CENTER AGREEMENT.— (C) the Commonwealth of Puerto Rico; rate with regional public and private pro-
The term ‘‘MBDA Business Center agree- (D) the United States Virgin Islands; grams that focus on minority business enter-
ment’’ means a legal instrument— (E) Guam; prises; and
(A) reflecting a relationship between the (F) American Samoa; (v) promoting business continuity and pre-
Agency and the recipient of a Federal assist- (G) the Commonwealth of the Northern paredness.
ance award that is the subject of the instru- Mariana Islands; and
ment; and TITLE I—EXISTING INITIATIVES
(H) each Indian Tribe.
(B) that establishes the terms by which the Subtitle A—Market Development, Research,
SEC. 7004. MINORITY BUSINESS DEVELOPMENT
recipient described in subparagraph (A) shall AGENCY. and Information
operate an MBDA Business Center. (a) IN GENERAL.—There is within the De- SEC. 7101. PRIVATE SECTOR DEVELOPMENT.
(11) MINORITY BUSINESS ENTERPRISE.— partment of Commerce the Minority Busi- The Assistant Secretary shall, whenever
(A) IN GENERAL.—The term ‘‘minority busi- ness Development Agency. the Assistant Secretary determines such ac-
ness enterprise’’ means a business enter- (b) ASSISTANT SECRETARY.— tion is necessary or appropriate—
prise— (1) APPOINTMENT AND DUTIES.—The Agency (1) provide Federal assistance to minority
(i) that is not less than 51 percent-owned shall be headed by an Assistant Secretary of business enterprises operating in domestic
by 1 or more socially and economically dis- Commerce for Minority Business Develop- and foreign markets by making available to
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advantaged individuals; and ment, who shall be— those business enterprises, either directly or
(ii) the management and daily business op- (A) appointed by the President, by and in cooperation with private sector entities,
erations of which are controlled by 1 or more with the advice and consent of the Senate; including community-based organizations
socially and economically disadvantaged in- and and national nonprofit organizations—
dividuals. (B) except as otherwise expressly provided, (A) resources relating to management;
(B) RULE OF CONSTRUCTION.—Nothing in responsible for the administration of this di- (B) technological and technical assistance;
subparagraph (A) may be construed to ex- vision. (C) financial, legal, and marketing serv-
clude a business enterprise from qualifying (2) COMPENSATION.— ices; and
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S3240 CONGRESSIONAL RECORD — SENATE May 20, 2021
(D) services relating to workforce develop- (1) establish and maintain an information (E) collaborate with other Centers; and
ment; clearinghouse for the collection and dissemi- (2) in providing programs and services
(2) encourage minority business enterprises nation to relevant parties (including busi- under the applicable MBDA Business Center
to establish joint ventures and projects— ness owners and researchers) of demographic, agreement, may—
(A) with other minority business enter- economic, financial, managerial, and tech- (A) operate on a fee-for-service basis; or
prises; or nical data relating to minority business en- (B) generate income through the collection
(B) in cooperation with public sector enti- terprises; and of—
ties or private sector entities, including (2) take such steps as the Assistant Sec- (i) client fees;
community-based organizations and national retary may determine to be necessary and (ii) membership fees; and
nonprofit organizations, to increase the desirable to— (iii) any other appropriate fees proposed by
share of any market activity being per- (A) search for, collect, classify, coordinate, the Center in the application submitted by
formed by minority business enterprises; and integrate, record, and catalog the data de- the Center under subsection (e).
(3) facilitate the efforts of private sector scribed in paragraph (1); and (b) TERM.—Subject to subsection (g)(3), the
entities and Federal agencies to advance the (B) in a manner that is consistent with sec- term of an MBDA Business Center agreement
growth of minority business enterprises. tion 552a of title 5, United States Code, pro- shall be not less than 3 years.
tect the privacy of the minority business en- (c) FINANCIAL ASSISTANCE.—
SEC. 7102. PUBLIC SECTOR DEVELOPMENT.
terprises to which the data described in para- (1) IN GENERAL.—The amount of financial
The Assistant Secretary shall, whenever
graph (1) relates. assistance provided by the Assistant Sec-
the Assistant Secretary determines such ac- retary under an MBDA Business Center
tion is necessary or appropriate— Subtitle B—Minority Business Development
Agency Business Center Program agreement shall be not less than $250,000 for
(1) consult and cooperate with public sec- the term of the agreement.
tor entities for the purpose of leveraging re- SEC. 7111. DEFINITION.
(2) MATCHING REQUIREMENT.—
sources available in the jurisdictions of In this subtitle, the term ‘‘MBDA Business
(A) IN GENERAL.—A Center shall match not
those public sector entities to promote the Center Program’’ means the program estab-
less than 1⁄3 of the amount of the financial
position of minority business enterprises in lished under section 7113.
assistance awarded to the Center under the
the local economies of those public sector SEC. 7112. PURPOSE.
terms of the applicable MBDA Business Cen-
entities, including by assisting public sector The purpose of the MBDA Business Center
ter agreement, unless the Assistant Sec-
entities to establish or enhance— Program shall be to create a national net-
retary determines that a waiver of that re-
(A) programs to procure goods and services work of public-private partnerships that—
quirement is necessary after a demonstra-
through minority business enterprises and (1) assist minority business enterprises
tion by the Center of a substantial need for
goals for that procurement; to—
that waiver.
(B) programs offering assistance relating (A) access capital, contracts, and grants;
(B) FORM OF FUNDS.—A Center may meet
to— and
the matching requirement under subpara-
(i) management; (B) create and maintain jobs;
(2) provide counseling and mentoring to graph (A) using—
(ii) technology; (i) cash or in-kind contributions, without
(iii) law; minority business enterprises; and
(3) facilitate the growth of minority busi- regard to whether the contribution is made
(iv) financing, including accounting; by a third party; or
(v) marketing; and ness enterprises by promoting trade.
SEC. 7113. ESTABLISHMENT.
(ii) Federal funds received from other Fed-
(vi) workforce development; and eral programs.
(C) informational programs designed to in- (a) IN GENERAL.—There is established in
the Agency a program— (3) USE OF FINANCIAL ASSISTANCE AND PRO-
form minority business enterprises located GRAM INCOME.—A Center shall use—
in the jurisdictions of those public sector en- (1) that shall be known as the MBDA Busi-
ness Center Program; (A) all financial assistance awarded to the
tities about the availability of programs de- Center under the applicable MBDA Business
scribed in this section; (2) that shall be separate and distinct from
the efforts of the Assistant Secretary under Center agreement to carry out subsection
(2) meet with leaders and officials of public (a); and
sector entities for the purpose of recom- section 7101; and
(3) under which the Assistant Secretary (B) all income that the Center generates in
mending and promoting local administrative carrying out subsection (a)—
and legislative initiatives needed to advance shall make Federal assistance awards to eli-
gible entities to operate MBDA Business (i) to meet the matching requirement
the position of minority business enterprises under paragraph (2) of this subsection; and
in the local economies of those public sector Centers, which shall, in accordance with sec-
tion 7114, provide technical assistance and (ii) if the Center meets the matching re-
entities; and quirement under paragraph (2) of this sub-
(3) facilitate the efforts of public sector en- business development services, or specialty
services, to minority business enterprises. section, to carry out subsection (a).
tities and Federal agencies to advance the (d) CRITERIA FOR SELECTION.—The Assist-
(b) COVERAGE.—The Assistant Secretary
growth of minority business enterprises. ant Secretary shall—
shall take all necessary actions to ensure
SEC. 7103. RESEARCH AND INFORMATION. (1) establish criteria that—
that the MBDA Business Center Program, in
(a) IN GENERAL.—In order to achieve the accordance with section 7114, offers the serv- (A) the Assistant Secretary shall use in de-
purposes of this division, the Assistant Sec- ices described in subsection (a)(3) in all re- termining whether to enter into an MBDA
retary— gions of the United States. Business Center agreement with an eligible
(1) shall— SEC. 7114. GRANTS AND COOPERATIVE AGREE- entity; and
(A) collect and analyze data, including MENTS. (B) may include criteria relating to wheth-
data relating to the causes of the success or (a) REQUIREMENTS.—An MBDA Business er an eligible entity is located in—
failure of minority business enterprises; Center (referred to in this subtitle as a ‘‘Cen- (i) an area, the population of which is com-
(B) perform evaluations of programs car- ter’’), with respect to the Federal financial posed of not less than 51 percent socially and
ried out by Federal agencies with an empha- assistance award made to operate the Center economically disadvantaged individuals, as
sis on increasing coordination between Fed- under the MBDA Business Center Program— determined in accordance with data col-
eral agencies with respect to the develop- (1) shall— lected by the Bureau of the Census;
ment of minority business enterprises; (A) provide to minority business enter- (ii) a federally recognized area of economic
(C) conduct research, studies, and surveys prises programs and services determined to distress; or
of— be appropriate by the Assistant Secretary, (iii) a State that is underserved with re-
(i) economic conditions generally in the which— spect to the MBDA Business Center Pro-
United States; and (i) shall include referral services to meet gram, as defined by the Assistant Secretary;
(ii) how the conditions described in clause the needs of minority business enterprises; and
(i) particularly affect the development of mi- and (2) make the criteria and standards estab-
nority business enterprises; and (ii) may include programs and services to lished under paragraph (1) publicly available,
(D) provide outreach, educational services, accomplish the goals described in section including—
and technical assistance in the 10 most com- 7101(1); (A) on the website of the Agency; and
monly spoken languages in the United (B) develop, cultivate, and maintain a net- (B) in each Notice of Funding Opportunity
States to ensure that limited-English pro- work of strategic partnerships with organi- soliciting MBDA Business Center agree-
ficient individuals receive culturally and lin- zations that foster access by minority busi- ments.
guistically appropriate access to the services ness enterprises to economic markets, cap- (e) APPLICATIONS.—An eligible entity desir-
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and information provided by the Agency; and ital, or contracts; ing to enter into an MBDA Business Center
(2) may, at the request of a public sector (C) continue to upgrade and modify the agreement shall submit to the Assistant Sec-
entity or a private sector entity, perform an services provided by the Center, as nec- retary an application that includes—
evaluation of programs carried out by the essary, in order to meet the changing and (1) a statement of—
entity that are designed to assist the devel- evolving needs of the business community; (A) how the eligible entity will carry out
opment of minority business enterprises. (D) establish or continue a referral rela- subsection (a); and
(b) INFORMATION CLEARINGHOUSE.—The As- tionship with not less than 1 community- (B) any experience of the eligible entity
sistant Secretary shall— based organization; and in—
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3241
(i) assisting minority business enterprises the MBDA Business Center Program and heads of other Federal agencies, such as the
to— other programs of the Agency; Chairman of the Securities and Exchange
(I) obtain— (3) facilitating connections between Cen- Commission, the Secretary of the Treasury,
(aa) large-scale contracts, grants, or pro- ters and— and the Chairman of the Board of Governors
curements; (A) Federal agencies other than the Agen- of the Federal Reserve System, organiza-
(bb) financing; or cy, including the Small Business Adminis- tions representing State securities commis-
(cc) legal assistance; tration, the Department of Agriculture, the sioners, representatives of leading minority
(II) access established supply chains; and Federal Trade Commission, the United chambers of commerce, not less than 1 cer-
(III) engage in— States Patent and Trademark Office, and the tified owner of a minority business enter-
(aa) joint ventures, teaming arrangements, Economic Development Administration of prise, business organizations, and profes-
and mergers and acquisitions; or the Department of Commerce; and sional organizations concerned with capital
(bb) large-scale transactions in global mar- (B) other institutions or entities that use formation to participate in the planning of
kets; Federal resources, including— each forum conducted under subsection (a).
(ii) supporting minority business enter- (i) small business development centers, as (c) PREPARATION OF STATEMENTS AND RE-
prises in increasing the size of the PORTS.—
that term is defined in section 3(t) of the
workforces of those enterprises, including, (1) REQUESTS.—The Assistant Secretary
Small Business Act (15 U.S.C. 632(t));
with respect to a minority business enter- may request that any head of a Federal de-
(ii) women’s business centers described in
prise that does not have employees, aiding partment, agency, or organization, including
section 29 of the Small Business Act (15
the minority business enterprise in becoming those described in subsection (b), or any
U.S.C. 656);
an enterprise that has employees; and other group or individual, prepare a state-
(iii) eligible entities, as that term is de-
(iii) advocating for minority business en- ment or report to be delivered at any forum
fined in section 2411 of title 10, United States
terprises; and conducted under subsection (a).
Code, that provide services under the pro-
(2) the budget and corresponding budget (2) COOPERATION.—Any head of a Federal
gram carried out under chapter 142 of that
narrative that the eligible entity will use in department, agency, or organization who re-
title; and
carrying out subsection (a) during the term ceives a request under paragraph (1) shall, to
(iv) entities participating in the Hollings the greatest extent practicable, cooperate
of the applicable MBDA Business Center Manufacturing Extension Partnership Pro-
agreement. with the Assistant Secretary to fulfill that
gram established under section 25 of the Na- request.
(f) NOTIFICATION.—If the Assistant Sec- tional Institute of Standards and Technology
retary grants an application of an eligible (d) TRANSMITTAL OF PROCEEDINGS AND
Act (15 U.S.C. 278k); FINDINGS.—The Assistant Secretary shall—
entity submitted under subsection (e), the (4) monitoring projects carried out by each
Assistant Secretary shall notify the eligible (1) prepare a summary of the proceedings
Center; and of each forum conducted under subsection
entity that the application has been granted (5) establishing and enforcing administra-
not later than 150 days after the last day on (a), which shall include the findings and rec-
tive and reporting requirements for each ommendations of the forum; and
which an application may be submitted Center to carry out subsection (a).
under that subsection. (2) transmit the summary described in
(i) REGULATIONS.—The Assistant Secretary paragraph (1) with respect to each forum
(g) PROGRAM EXAMINATION; ACCREDITATION;
shall issue and publish regulations that es- conducted under subsection (a) to—
EXTENSIONS.—
tablish minimum standards regarding (A) the participants in the forum;
(1) EXAMINATION.—Not later than 180 days
verification of minority business enterprise (B) Congress; and
after the date of enactment of this Act, and
status for clients of entities operating under (C) the public, through a publicly available
biennially thereafter, the Assistant Sec-
the MBDA Business Center Program. website.
retary shall conduct a programmatic finan-
SEC. 7115. MINIMIZING DISRUPTIONS TO EXIST- (e) REVIEW OF FINDINGS AND RECOMMENDA-
cial examination of each Center. ING MBDA BUSINESS CENTER PRO- TIONS; PUBLIC STATEMENTS.—
(2) ACCREDITATION.—The Assistant Sec- GRAM.
retary may provide financial support, by (1) IN GENERAL.—A Federal agency to
The Assistant Secretary shall ensure that which a finding or recommendation de-
contract or otherwise, to an association, not each Federal assistance award made under scribed in subsection (d)(1) relates shall—
less than 51 percent of the members of which the Business Centers program of the Agency, (A) review that finding or recommenda-
are Centers, to— as is in effect on the day before the date of tion; and
(A) pursue matters of common concern enactment of this Act, is carried out in a (B) promptly after the finding or rec-
with respect to Centers; and manner that, to the greatest extent prac- ommendation is transmitted under sub-
(B) develop an accreditation program with ticable, prevents disruption of any activity section (d)(2)(C), issue a public statement—
respect to Centers. carried out under that award. (i) assessing the finding or recommenda-
(3) EXTENSIONS.— SEC. 7116. PUBLICITY. tion; and
(A) IN GENERAL.—The Assistant Secretary In carrying out the MBDA Business Center (ii) disclosing the action, if any, the Fed-
may extend the term under subsection (b) of Program, the Assistant Secretary shall wide- eral agency intends to take with respect to
an MBDA Business Center agreement to ly publicize the MBDA Business Center Pro- the finding or recommendation.
which a Center is a party, if the Center con- gram, including— (2) JOINT STATEMENT PERMITTED.—If a find-
sents to the extension. (1) on the website of the Agency; ing or recommendation described in sub-
(B) FINANCIAL ASSISTANCE.—If the Assist- (2) via social media outlets; and section (d)(1) relates to more than 1 Federal
ant Secretary extends the term of an MBDA (3) by sharing information relating to the agency, the applicable Federal agencies may,
Business Center agreement under paragraph MBDA Business Center Program with com- for the purposes of the public statement re-
(1), the Assistant Secretary shall, in the munity-based organizations, including inter- quired under paragraph (1)(B), issue a joint
same manner and amount in which financial pretation groups where necessary, to com- statement.
assistance was provided during the initial municate in the most common languages SEC. 7202. AGENCY STUDY ON ALTERNATIVE FI-
term of the agreement, provide financial as- spoken by the groups served by those organi- NANCING SOLUTIONS.
sistance under the agreement during the ex- zations. (a) PURPOSE.—The purpose of this section
tended term of the agreement. is to provide information relating to alter-
SEC. 7117. FUNDING.
(h) MBDA INVOLVEMENT.—The Assistant native financing solutions to minority busi-
Secretary may take actions to ensure that The Assistant Secretary shall use not less
than 50 percent of the amount made avail- ness enterprises, as those business enter-
the Agency is substantially involved in the prises are more likely to struggle in access-
activities of Centers in carrying out sub- able to carry out this division in each of fis-
cal years 2021 through 2024 to carry out the ing, particularly at affordable rates, tradi-
section (a), including by— tional sources of capital.
(1) providing to each Center training relat- MBDA Business Center Program, including
the component of the program relating to (b) STUDY AND REPORT.—Not later than 1
ing to the MBDA Business Center Program; year after the date of enactment of this Act,
(2) requiring that the operator and staff of specialty centers.
the Assistant Secretary shall—
each Center— TITLE II—NEW INITIATIVES TO PROMOTE (1) conduct a study on opportunities for
(A) attend— ECONOMIC RESILIENCY FOR MINORITY providing alternative financing solutions to
(i) a conference with the Agency to estab- BUSINESSES minority business enterprises; and
lish the services and programs that the Cen- SEC. 7201. ANNUAL DIVERSE BUSINESS FORUM (2) submit to Congress, and publish on the
ter will provide in carrying out the require- ON CAPITAL FORMATION. website of the Agency, a report describing
ments before the date on which the Center (a) RESPONSIBILITY OF AGENCY.—Not later
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the findings of the study carried out under
begins providing those services and pro- than 18 months after the date of enactment paragraph (1).
grams; and of this Act, and annually thereafter, the SEC. 7203. EDUCATIONAL DEVELOPMENT RELAT-
(ii) training provided under paragraph (1); Agency shall conduct a Government-business ING TO MANAGEMENT AND ENTRE-
(B) receive necessary guidance relating to forum to review the current status of prob- PRENEURSHIP.
carrying out the requirements under sub- lems and programs relating to capital forma- (a) DUTIES.—The Assistant Secretary shall,
section (a); and tion by minority business enterprises. whenever the Assistant Secretary deter-
(C) work in coordination and collaboration (b) PARTICIPATION IN FORUM PLANNING.— mines such action is necessary or appro-
with the Assistant Secretary to carry out The Assistant Secretary shall invite the priate—
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S3242 CONGRESSIONAL RECORD — SENATE May 20, 2021
(1) promote and provide assistance for the (C) the number of eligible entities that providing the space, facilities, and staffing
education and training of socially and eco- were recipients of grants awarded under this under clause (i).
nomically disadvantaged individuals in sub- section. (B) LOWER MATCH REQUIREMENT.—Based on
jects directly relating to business adminis- TITLE III—RURAL MINORITY BUSINESS the available resources of an eligible entity,
tration and management; CENTER PROGRAM the Assistant Secretary may enter into a co-
(2) join with, and encourage, institutions of SEC. 7301. DEFINITIONS. operative agreement with the eligible entity
higher education, leaders in business and in- In this title: that provides that—
dustry, and other public sector and private (1) APPROPRIATE CONGRESSIONAL COMMIT- (i) the eligible entity shall match less than
sector entities, particularly minority busi- TEES.—The term ‘‘appropriate congressional 20 percent of the amount of the funding pro-
ness enterprises, to— committees’’ means— vided by the Assistant Secretary under sub-
(A) develop programs to offer scholarships (A) the Committee on Commerce, Science, paragraph (A)(ii); or
and fellowships, apprenticeships, and intern- and Transportation of the Senate; (ii) if the Assistant Secretary makes a de-
ships relating to business to socially and (B) the Committee on Small Business and termination, upon a demonstration by the
economically disadvantaged individuals; and Entrepreneurship of the Senate; eligible entity of substantial need, the eligi-
(B) sponsor seminars, conferences, and (C) the Committee on Financial Services of ble entity shall not be required to provide
similar activities relating to business for the the House of Representatives; and any match with respect to the funding pro-
benefit of socially and economically dis- (D) the Committee on Small Business of vided by the Assistant Secretary under sub-
advantaged individuals; the House of Representatives. paragraph (A)(ii).
(3) stimulate and accelerate curriculum de- (2) ELIGIBLE ENTITY.—The term ‘‘eligible (C) ELIGIBLE FUNDS.—An eligible entity
sign and improvement in support of develop- entity’’ means— may provide matching funds required under
ment of minority business enterprises; and (A) a minority-serving institution; or an MBDA Rural Business Center agreement
(4) encourage and assist private institu- (B) a consortium of institutions of higher with Federal funds received from other Fed-
tions and organizations and public sector en- education that is led by a minority-serving eral programs.
tities to undertake activities similar to the institution. (3) TERM.—The initial term of an MBDA
activities described in paragraphs (1), (2), and (3) MBDA RURAL BUSINESS CENTER.—The Rural Business Center agreement shall be 3
(3). term ‘‘MBDA Rural Business Center’’ means years.
an MBDA Business Center that provides (4) EXTENSION.—The Assistant Secretary
(b) PARREN J. MITCHELL ENTREPRENEUR- and an eligible entity may agree to extend
technical business assistance to minority
SHIP EDUCATION GRANTS.— the term of an MBDA Rural Business Center
business enterprises located in rural areas.
(1) DEFINITION.—In this subsection, the agreement with respect to an MBDA Rural
(4) MBDA RURAL BUSINESS CENTER AGREE-
term ‘‘eligible institution’’ means an institu- Business Center.
MENT.—The term ‘‘MBDA Rural Business
tion of higher education described in any of (c) FUNCTIONS.—An MBDA Rural Business
Center agreement’’ means an MBDA Busi-
paragraphs (1) through (7) of section 371(a) of Center shall—
ness Center agreement that establishes the
the Higher Education Act of 1965 (20 U.S.C. (1) primarily serve clients that are—
terms by which the recipient of the Federal
1067q(a)). (A) rural minority business enterprises; or
assistance award that is the subject of the
(2) GRANTS.—The Assistant Secretary shall agreement shall operate an MBDA Rural (B) minority business enterprises that are
award grants to eligible institutions to de- Business Center. located more than 50 miles from an MBDA
velop and implement entrepreneurship cur- (5) MINORITY-SERVING INSTITUTION.—The Business Center (other than that MBDA
ricula. term ‘‘minority-serving institution’’ means Rural Business Center);
(3) REQUIREMENTS.—An eligible institution an institution described in any of paragraphs (2) focus on—
to which a grant is awarded under this sub- (1) through (7) of section 371(a) of the Higher (A) issues relating to—
section shall use the grant funds to— Education Act of 1965 (20 U.S.C. 1067q(a)). (i) the adoption of broadband internet ac-
(A) develop a curriculum that includes (6) RURAL AREA.— cess service (as defined in section 8.1(b) of
training in various skill sets needed by con- (A) IN GENERAL.—Subject to subparagraph title 47, Code of Federal Regulations, or any
temporary successful entrepreneurs, includ- (B), the term ‘‘rural area’’ has the meaning successor regulation), digital literacy skills,
ing— given the term in section 343(a) of the Con- and e-commerce by rural minority business
(i) business management and marketing; solidated Farm and Rural Development Act enterprises;
(ii) financial management and accounting; (7 U.S.C. 1991(a)). (ii) advanced manufacturing;
(iii) market analysis; (B) 100,000 INHABITANTS.—For the purpose (iii) the promotion of manufacturing in the
(iv) competitive analysis; of this title, the reference to ‘‘50,000 inhab- United States;
(v) innovation; itants’’ in section 343(a)(13)(A)(i) of the Con- (iv) ways in which rural minority business
(vi) strategic planning; and solidated Farm and Rural Development Act enterprises can meet gaps in the supply
(vii) any other skill set that the eligible in- (7 U.S.C. 1991(a)(13)(A)(i)) shall be deemed to chain of critical supplies and essential goods
stitution determines is necessary for the stu- refer to 100,000 inhabitants. and services for the United States;
dents served by the eligible institution and (7) RURAL MINORITY BUSINESS ENTERPRISE.— (v) improving the connectivity of rural mi-
the community in which the eligible institu- The term ‘‘rural minority business enter- nority business enterprises through trans-
tion is located; and prise’’ means a minority business enterprise portation and logistics;
(B) implement the curriculum developed located in a rural area. (vi) promoting trade and export opportuni-
under subparagraph (A) at the eligible insti- SEC. 7302. BUSINESS CENTERS. ties by rural minority business enterprises;
tution. (a) IN GENERAL.—The Assistant Secretary (vii) securing financial capital;
(4) IMPLEMENTATION TIMELINE.—The Assist- may establish MBDA Rural Business Cen- (viii) facilitating entrepreneurship in rural
ant Secretary shall establish and publish a ters. areas; and
timeline under which an eligible institution (b) PARTNERSHIP.— (ix) creating jobs in rural areas; and
to which a grant is awarded under this sec- (1) IN GENERAL.—With respect to an MBDA (B) any other issue relating to the unique
tion shall carry out the requirements under Rural Business Center established by the As- challenges faced by rural minority business
paragraph (3). sistant Secretary, the Assistant Secretary enterprises; and
(5) REPORTS.—Each year, the Assistant shall establish the MBDA Rural Business (3) provide education, training, and legal,
Secretary shall submit to the Committee on Center in partnership with an eligible entity financial, and technical assistance to minor-
Commerce, Science, and Transportation of in accordance with paragraph (2). ity business enterprises.
the Senate, the Committee on Small Busi- (2) MBDA AGREEMENT.— (d) APPLICATIONS.—
ness and Entrepreneurship of the Senate, the (A) IN GENERAL.—With respect to each (1) IN GENERAL.—Not later than 90 days
Committee on Financial Services of the MBDA Rural Business Center established by after the date of enactment of this Act, the
House of Representatives, and the Com- the Assistant Secretary, the Assistant Sec- Assistant Secretary shall issue a Notice of
mittee on Small Business of the House of retary shall enter into a cooperative agree- Funding Opportunity requesting applications
Representatives, as part of the annual budg- ment with an eligible entity that provides from eligible entities that desire to enter
et submission of the President under section that— into MBDA Rural Business Center agree-
1105(a) of title 31, United States Code, a re- (i) the eligible entity shall provide space, ments.
port evaluating the awarding and use of facilities, and staffing for the MBDA Rural (2) CRITERIA AND PRIORITY.—In selecting an
grants under this subsection during the fis- Business Center; eligible entity with which to enter into an
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cal year immediately preceding the date on (ii) the Assistant Secretary shall provide MBDA Rural Business Center agreement, the
which the report is submitted, which shall funding for, and oversight with respect to, Assistant Secretary shall—
include, with respect to that fiscal year— the MBDA Rural Business Center; and (A) select an eligible entity that dem-
(A) a description of each curriculum devel- (iii) subject to subparagraph (B), the eligi- onstrates—
oped and implemented under each grant ble entity shall match 20 percent of the (i) the ability to collaborate with govern-
awarded under this section; amount of the funding provided by the As- mental and private sector entities to lever-
(B) the date on which each grant awarded sistant Secretary under clause (ii), which age capabilities of minority business enter-
under this section was awarded; and may be calculated to include the costs of prises through public-private partnerships;
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3243
(ii) the research and extension capacity to in the Agency a grant program under which (ii) information regarding the industry in
support minority business enterprises; the Assistant Secretary shall make grants to which the minority business enterprise oper-
(iii) knowledge of the community that the covered entities in accordance with the re- ates.
eligible entity serves and the ability to con- quirements of this section. TITLE V—ADMINISTRATIVE AND OTHER
duct effective outreach to that community (d) APPLICATION.—A covered entity desir- POWERS OF THE AGENCY; MISCELLA-
to advance the goals of an MBDA Rural Busi- ing a grant under this section shall submit NEOUS PROVISIONS
ness Center; to the Assistant Secretary an application at SEC. 7501. ADMINISTRATIVE POWERS.
(iv) the ability to provide innovative busi- such time, in such manner, and containing (a) IN GENERAL.—In carrying out this divi-
ness solutions, including access to con- such information as the Assistant Secretary sion, the Assistant Secretary may—
tracting opportunities, markets, and capital; may require. (1) adopt and use a seal for the Agency,
(v) the ability to provide services that ad- (e) PRIORITY.—The Assistant Secretary which shall be judicially noticed;
vance the development of science, tech- shall, in carrying out this section, prioritize (2) hold hearings, sit and act, and take tes-
nology, engineering, and math jobs within granting an application submitted by a cov- timony as the Assistant Secretary may de-
minority business enterprises; ered entity that is located in a federally rec- termine to be necessary or appropriate to
(vi) the ability to leverage resources from ognized area of economic distress. carry out this division;
within the eligible entity to advance an (f) USE OF FUNDS.—A covered entity to
(3) acquire, in any lawful manner, any
MBDA Rural Business Center; which a grant is made under this section
property that the Assistant Secretary deter-
(vii) that the mission of the eligible entity may use the grant funds to support the de-
mines to be necessary or appropriate to
aligns with the mission of the Agency; velopment and growth of minority business carry out this division;
(viii) the ability to leverage relationships enterprises. (4) make advance payments under grants,
with rural minority business enterprises; and (g) PROCEDURES.—The Assistant Secretary
contracts, and cooperative agreements
(ix) a referral relationship with not less shall establish procedures to—
awarded under this division;
than 1 community-based organization; and (1) discourage and prevent waste, fraud,
(5) with the consent of another Federal
(B) give priority to an eligible entity lo- and abuse by applicants for, and recipients
agency, enter into an agreement with that
cated in a State or region that lacks an of, grants made under this section; and
Federal agency to utilize, with or without
MBDA Business Center, as of the date of en- (2) ensure that grants are made under this
reimbursement, any service, equipment, per-
actment of this Act. section to a diverse array of covered entities, sonnel, or facility of that Federal agency;
including— (6) coordinate with the heads of the Offices
SEC. 7303. REPORT TO CONGRESS.
(A) covered entities with a national pres- of Small and Disadvantaged Business Utili-
Not later than 1 year after the date of en-
ence; zation of Federal agencies;
actment of this Act, the Assistant Secretary
(B) community-based covered entities; (7) require a coordinated review of all
shall submit to the appropriate congres-
(C) covered entities with annual budgets training and technical assistance activities
sional committees a report that includes—
below $1,000,000; and that are proposed to be carried out by Fed-
(1) a summary of the efforts of the Assist-
(D) covered entities that principally serve eral agencies in direct support of the devel-
ant Secretary to provide services to minor-
low-income and rural communities. opment of minority business enterprises to—
ity business enterprises located in States (h) INSPECTOR GENERAL AUDIT.—Not later
that lack an MBDA Business Center, as of (A) ensure consistency with the purposes of
than 180 days after the date on which the As- this division; and
the date of enactment of this Act, and espe- sistant Secretary begins making grants
cially in those States that have significant (B) avoid duplication of existing efforts;
under this section, the Inspector General of and
minority populations; and the Department of Commerce shall—
(2) recommendations for extending the out- (8) prescribe such rules, regulations, and
(1) conduct an audit of grants made under procedures as the Assistant Secretary deter-
reach of the Agency to underserved areas. this section, which shall seek to identify any
SEC. 7304. STUDY AND REPORT. mines to be necessary or appropriate to
discrepancies or irregularities with respect carry out this division.
(a) IN GENERAL.—The Assistant Secretary, to those grants; and (b) EMPLOYMENT OF CERTAIN EXPERTS AND
in coordination with relevant leadership of (2) submit to Congress a report regarding CONSULTANTS.—
the Agency and relevant individuals outside the audit conducted under paragraph (1). (1) IN GENERAL.—In carrying out this divi-
of the Department of Commerce, shall con- (i) UPDATES TO CONGRESS.—Not later than sion, the Assistant Secretary may employ
duct a study that addresses the ways in 90 days after the date on which the Assistant experts and consultants or organizations
which minority business enterprises can Secretary establishes the grant program that are composed of experts or consultants,
meet gaps in the supply chain of the United under subsection (c), and once every 30 days as authorized under section 3109 of title 5,
States, with a particular focus on the supply thereafter, the Assistant Secretary shall United States Code.
chain of advanced manufacturing and essen- submit to Congress a report that contains— (2) RENEWAL OF CONTRACTS.—The Assistant
tial goods and services. (1) the number of grants made under this Secretary may annually renew a contract for
(b) REPORT.—Not later than 1 year after section during the period covered by the re- employment of an individual employed under
the date of enactment of this Act, the Assist- port; and paragraph (1).
ant Secretary shall submit to the appro- (2) with respect to the grants described in (c) DONATION OF PROPERTY.—
priate congressional committees a report paragraph (1), the geographic distribution of (1) IN GENERAL.—Subject to paragraph (2),
that includes the results of the study con- those grants by State and county. in carrying out this division, the Assistant
ducted under subsection (a), which shall in- SEC. 7402. MINORITY BUSINESS GRANTS. Secretary may, without cost (except for
clude recommendations regarding the ways (a) IN GENERAL.—The Assistant Secretary costs of care and handling), donate for use by
in which minority business enterprises can may award grants to minority business en- any public sector entity, or by any recipient
meet gaps in the supply chain of the United terprises for the purpose of— nonprofit organization, for the purpose of
States. (1) growing a minority business enterprise; the development of minority business enter-
TITLE IV—MINORITY BUSINESS or prises, any real or tangible personal property
DEVELOPMENT GRANTS (2) helping a minority business enterprise acquired by the Agency in carrying out this
SEC. 7401. GRANTS TO NONPROFIT ORGANIZA- to remain in business. division.
TIONS THAT SUPPORT MINORITY (b) ESTABLISHMENT OF OFFICE.—The Assist- (2) TERMS, CONDITIONS, RESERVATIONS, AND
BUSINESS ENTERPRISES. ant Secretary shall establish an office within RESTRICTIONS.—The Assistant Secretary may
(a) DEFINITION.—In this section, the term the Agency that has adequate staffing to impose reasonable terms, conditions, res-
‘‘covered entity’’ means a private nonprofit award and administer grants under sub- ervations, and restrictions upon the use of
organization that— section (a). any property donated under paragraph (1).
(1) is described in paragraph (3), (4), (5), or (c) UPDATES TO CONGRESS.—Not later than SEC. 7502. FEDERAL ASSISTANCE.
(6) of section 501(c) of the Internal Revenue 120 days after the date of enactment of this (a) IN GENERAL.—
Code of 1986 and exempt from tax under sec- Act, and once every 30 days thereafter, the (1) PROVISION OF FEDERAL ASSISTANCE.—To
tion 501(a) of such Code; and Assistant Secretary shall submit to Congress carry out sections 7101, 7102, and 7103(a), the
(2) can demonstrate that a primary activ- a report that contains— Assistant Secretary may provide Federal as-
ity of the organization is to provide services (1) the number of grants made under this sistance to public sector entities and private
to minority business enterprises, whether section during the period covered by the re- sector entities in the form of grants or coop-
through education, making grants or loans, port; and erative agreements.
(2) with respect to the grants described in (2) NOTICE.—Not later than 120 days after
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or other similar activities.
(b) PURPOSE.—The purpose of this section paragraph (1)— the date on which amounts are appropriated
is to make grants to covered entities to help (A) the geographic distribution of those to carry out this section, the Assistant Sec-
those covered entities continue the nec- grants by State and county; and retary shall, in accordance with subsection
essary work of supporting minority business (B) with respect to each minority business (b), broadly publish a statement regarding
enterprises. enterprise to which such a grant is award- Federal assistance that will, or may, be pro-
(c) ESTABLISHMENT.—Not later than 180 ed— vided under paragraph (1) during the fiscal
days after the date of enactment of this Act, (i) demographic information with respect year for which those amounts are appro-
the Assistant Secretary shall establish with- to the minority business enterprise; and priated, including—
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S3244 CONGRESSIONAL RECORD — SENATE May 20, 2021
(A) the actual, or anticipated, amount of Agency carried out under this division dur- ing Social Security numbers and passport
Federal assistance that will, or may, be ing the fiscal year preceding the date on numbers, is removed from any manifest
made available; which the report is submitted. signed, produced, delivered, or electronically
(B) the types of Federal assistance that (b) RECOMMENDATIONS.—The Assistant Sec- transmitted under this section before access
will, or may, be made available; retary shall periodically submit to Congress to the manifest is provided to the public.’’.
(C) the manner in which Federal assistance and the President recommendations for leg- (b) EFFECTIVE DATE.—The amendment
will be allocated among public sector enti- islation or other actions that the Assistant made by subsection (a) shall take effect on
ties and private sector entities, as applica- Secretary determines to be necessary or ap- the date that is 30 days after the date of the
ble; and propriate to promote the purposes of this di- enactment of this Act.
(D) the methodology used by the Assistant vision.
Secretary to make allocations under sub- SEC. 7506. SEPARABILITY. SA 1785. Mr. DAINES submitted an
paragraph (C). If a provision of this division, or the appli- amendment intended to be proposed to
(3) CONSULTATION.—The Assistant Sec- cation of a provision of this division to any amendment SA 1502 proposed by Mr.
retary shall consult with public sector enti- person or circumstance, is held by a court of SCHUMER to the bill S. 1260, to establish
ties and private sector entities, as applica- competent jurisdiction to be invalid, that a new Directorate for Technology and
ble, in deciding the amounts and types of judgment— Innovation in the National Science
Federal assistance to make available under (1) shall not affect, impair, or invalidate—
Foundation, to establish a regional
paragraph (1). (A) any other provision of this division; or
(B) the application of this division to any technology hub program, to require a
(b) PUBLICITY.—In carrying out this sec-
tion, the Assistant Secretary shall broadly other person or circumstance; and strategy and report on economic secu-
publicize all opportunities for Federal assist- (2) shall be confined in its operation to— rity, science, research, innovation,
ance available under this section, including (A) the provision of this division with re- manufacturing, and job creation, to es-
through the means required under section spect to which the judgment is rendered; or tablish a critical supply chain resil-
7116. (B) the application of the provision of this iency program, and for other purposes;
SEC. 7503. AUDITS. division to each person or circumstance di- which was ordered to lie on the table;
(a) RECORDKEEPING REQUIREMENT.—Each rectly involved in the controversy in which as follows:
recipient of assistance under this division the judgment is rendered.
On page 23, between lines 7 and 8, insert
shall keep such records as the Assistant Sec- SEC. 7507. EXECUTIVE ORDER 11625.
the following:
retary shall prescribe, including records that The powers and duties of the Agency shall
(5) REPORT.—Not later than the earlier of
fully disclose, with respect to the assistance be determined—
180 days after the date of enactment of this
received by the recipient under this divi- (1) in accordance with this division and the
Act or the date on which the Secretary of
sion— requirements of this division; and
Commerce awards the first grant under sec-
(1) the amount and nature of that assist- (2) without regard to Executive Order 11625
tion 9902 of the William M. (Mac) Thornberry
ance; (36 Fed. Reg. 19967; relating to prescribing
National Defense Authorization Act for Fis-
(2) the disposition by the recipient of the additional arrangements for developing and
cal Year 2021 (Public Law 116–283) with
proceeds of that assistance; coordinating a national program for minor-
amounts appropriated under this subsection,
(3) the total cost of the undertaking for ity business enterprise).
the Secretary of Commerce, in coordination
which the assistance is given or used; SEC. 7508. AMENDMENT TO THE FEDERAL ACQUI-
SITION STREAMLINING ACT OF 1994.
with the heads of relevant Federal agencies,
(4) the amount and nature of the portion of shall submit to Congress a report that in-
the cost of the undertaking described in Section 7104(c) of the Federal Acquisition
cludes recommendations for adjustments to
paragraph (3) that is supplied by a source Streamlining Act of 1994 (15 U.S.C. 644a(c)) is
policies and regulations in order to reduce,
other than the Agency; and amended by striking paragraph (2) and in-
with respect to the semiconductor incentive
(5) any other record that will facilitate an serting the following:
program established under that section—
effective audit with respect to the assist- ‘‘(2) The Assistant Secretary of Commerce
(A) permitting timelines; and
ance. for Minority Business Development.’’.
(B) the various costs of permitting and the
(b) ACCESS BY GOVERNMENT OFFICIALS.— SEC. 7509. AUTHORIZATION OF APPROPRIATIONS.
development of semiconductor manufac-
The Assistant Secretary, the Inspector Gen- There are authorized to be appropriated to
turing.
eral of the Department of Commerce, and the the Assistant Secretary not less than
Comptroller General of the United States, or $100,000,000 for fiscal year 2021, and each fis- SA 1786. Mr. DAINES submitted an
any duly authorized representative of any cal year thereafter, to carry out this divi-
amendment intended to be proposed to
such individual, shall have access, for the sion.
amendment SA 1502 proposed by Mr.
purpose of audit, investigation, and examina-
tion, to any book, document, paper, record, SA 1784. Mr. DAINES (for himself SCHUMER to the bill S. 1260, to establish
or other material of a recipient of assistance and Mr. PETERS) submitted an amend- a new Directorate for Technology and
under this division that pertains to the as- ment intended to be proposed by him Innovation in the National Science
sistance received by the recipient under this to the bill S. 1260, to establish a new Foundation, to establish a regional
division. Directorate for Technology and Inno- technology hub program, to require a
SEC. 7504. REVIEW AND REPORT BY COMP- vation in the National Science Founda- strategy and report on economic secu-
TROLLER GENERAL. rity, science, research, innovation,
tion, to establish a regional technology
Not later than 4 years after the date of en- manufacturing, and job creation, to es-
hub program, to require a strategy and
actment of this Act, the Comptroller General
report on economic security, science, tablish a critical supply chain resil-
of the United States shall—
(1) conduct a thorough review of the pro- research, innovation, manufacturing, iency program, and for other purposes;
grams carried out under this division; and and job creation, to establish a critical which was ordered to lie on the table;
(2) submit to Congress a detailed report of supply chain resiliency program, and as follows:
the findings of the Comptroller General of for other purposes; which was ordered On page 716, after line 24, add the fol-
the United States under the review carried to lie on the table; as follows: lowing:
out under paragraph (1), which shall in- At the appropriate place, insert the fol- (8) The United States Agency for Global
clude— lowing: Media shall prioritize and seek to increase
(A) an evaluation of the effectiveness of SEC. ll. PROTECTION OF PERSONALLY IDENTI-
credible and timely news coverage of the
the programs in achieving the purposes of FIABLE INFORMATION. People’s Republic of China’s Belt and Road
this division; (a) IN GENERAL.—Paragraph (2) of section Initiative in all countries in which Belt and
(B) a description of any failure by any re- 431(c) of the Tariff Act of 1930 (19 U.S.C. Road Initiative infrastructure projects have
cipient of assistance under this division to 1431(c)) is amended to read as follows: been initiated or proposed.
comply with the requirements under this di- ‘‘(2)(A) The information listed in paragraph
vision; and (1) shall not be available for public disclo- SA 1787. Mr. DAINES (for himself
(C) recommendations for any legislative or sure if— and Ms. CORTEZ MASTO) submitted an
administrative action that should be taken ‘‘(i) the Secretary of the Treasury makes amendment intended to be proposed to
to improve the achievement of the purposes an affirmative finding on a shipment-by- amendment SA 1502 proposed by Mr.
SSpencer on DSK126QN23PROD with SENATE
of this division. shipment basis that disclosure is likely to SCHUMER to the bill S. 1260, to establish
SEC. 7505. ANNUAL REPORTS; RECOMMENDA- pose a threat of personal injury or property a new Directorate for Technology and
TIONS. damage; or Innovation in the National Science
(a) ANNUAL REPORT.—Not later than 90 ‘‘(ii) the information is exempt under the
days after the last day of each fiscal year, provisions of section 552(b)(1) of title 5,
Foundation, to establish a regional
the Assistant Secretary shall submit to Con- United States Code. technology hub program, to require a
gress, and publish on the website of the ‘‘(B) The Secretary shall ensure that any strategy and report on economic secu-
Agency, a report of each activity of the personally identifiable information, includ- rity, science, research, innovation,
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3245
manufacturing, and job creation, to es- (1) IN GENERAL.—Not later than 180 days proposed to amendment SA 1502 pro-
tablish a critical supply chain resil- after the date of the enactment of this Act, posed by Mr. SCHUMER to the bill S.
iency program, and for other purposes; and every 180 days thereafter, the United 1260, to establish a new Directorate for
which was ordered to lie on the table; States Trade Representative shall submit to
Technology and Innovation in the Na-
the appropriate committees of Congress a re-
as follows: port on the status of the implementation by tional Science Foundation, to establish
At the end of title III of division F, add the the People’s Republic of China of its obliga- a regional technology hub program, to
following: tions under Chapter 1 of the Agreement. require a strategy and report on eco-
SEC. 6302. ENFORCEMENT OF INTELLECTUAL (2) INFORMATION IN REPORT.—Each report nomic security, science, research, inno-
PROPERTY PROVISIONS OF ECO-
NOMIC AND TRADE AGREEMENT BE-
required by paragraph (1) shall contain infor- vation, manufacturing, and job cre-
TWEEN THE GOVERNMENT OF THE mation sufficient to enable the appropriate ation, to establish a critical supply
UNITED STATES OF AMERICA AND committees of Congress to assess the extent chain resiliency program, and for other
THE GOVERNMENT OF CHINA. of the compliance by the People’s Republic
purposes; which was ordered to lie on
(a) SENSE OF CONGRESS.—It is the sense of of China with the Agreement, including ap-
Congress that— propriate quantitative metrics. the table; as follows:
(1) the Agreement includes significant (d) DEFINITIONS.—In this section: On page 48, on line 10, insert ‘‘, including
mandates for the People’s Republic of China (1) AGREEMENT.—The term ‘‘Agreement’’ optical transmission equipment,’’ after
related to its domestic intellectual property means the Economic and Trade Agreement ‘‘technology’’.
regime, including with respect to copyrights, Between the Government of the United
trademarks, trade secrets, and patents; States of America and the Government of SA 1791. Ms. LUMMIS (for herself,
(2) the changes included in the Agreement, China, dated January 15, 2020. Mr. WYDEN, and Mr. BARRASSO) sub-
if implemented effectively, should improve (2) APPROPRIATE COMMITTEES OF CON- mitted an amendment intended to be
the domestic intellectual property frame- GRESS.—The term ‘‘appropriate committees
proposed to amendment SA 1502 pro-
work of the People’s Republic of China, of Congress’’ means the Committee on Fi-
which has historically proven to harm the nance of the Senate and the Committee on
posed by Mr. SCHUMER to the bill S.
innovation and creative communities in the Ways and Means of the House of Representa- 1260, to establish a new Directorate for
United States; tives. Technology and Innovation in the Na-
(3) despite commitments made by the Gov- tional Science Foundation, to establish
ernment of the People’s Republic of China SA 1788. Mr. DAINES (for himself a regional technology hub program, to
under the Agreement, ongoing market access and Ms. SINEMA) submitted an amend- require a strategy and report on eco-
barriers, uneven enforcement, measures re- ment intended to be proposed to nomic security, science, research, inno-
quiring forced technology transfer, and seri- amendment SA 1502 proposed by Mr.
ous deficiencies in the rule of law continue vation, manufacturing, and job cre-
SCHUMER to the bill S. 1260, to establish ation, to establish a critical supply
to make the business environment in the
People’s Republic of China highly chal- a new Directorate for Technology and chain resiliency program, and for other
lenging for rights holders in the United Innovation in the National Science purposes; which was ordered to lie on
States; Foundation, to establish a regional the table; as follows:
(4) as reflected in the 2021 report by the technology hub program, to require a At the end of title III of division F, add the
United States Trade Representative required strategy and report on economic secu- following:
under section 182(h) of the Trade Act of 1974 rity, science, research, innovation, SEC. 63ll. ROYALTY RATE ON SODIUM PRO-
(19 U.S.C. 2242(h)) (commonly referred to as manufacturing, and job creation, to es- DUCED ON FEDERAL LAND.
the ‘‘Special 301 Report’’), the People’s Re- Notwithstanding section 102(a)(9) of the
tablish a critical supply chain resil-
public of China has consistently been listed Federal Land Policy and Management Act of
in that annual report since 1989 as a trading iency program, and for other purposes;
which was ordered to lie on the table; 1976 (43 U.S.C. 1701(a)(9)), section 24 of the
partner of the United States that ‘‘fails to Mineral Leasing Act (30 U.S.C. 262), and the
provide adequate and effective IP protection as follows:
terms of any lease under that Act, beginning
and enforcement for U.S. inventors, creators, In section 3101, insert after subsection (c) on the date of enactment of this Act, the
brands, manufacturers, and service pro- the following: royalty rate on the quantity or gross value
viders, which, in turn, harm American work- (d) SPECIAL FOCUS ON CRITICAL MINERAL
of the output of sodium compounds and re-
ers’’; and PRODUCTION SUPPLY CHAINS.—The Secretary
lated products at the point of shipment to
(5) Congress encourages the United States of State and Secretary of Commerce shall
coordinate with the Secretary of Energy to market from Federal land shall be 2 percent.
Trade Representative, the Attorney General,
the Secretary of State, the Secretary of include in the services described in sub-
section (a) a focus on assisting interested SA 1792. Mr. DAINES submitted an
Homeland Security, the Secretary of Com-
merce, and the Director of the United States United States persons and business entities amendment intended to be proposed to
Patent and Trademark Office— with critical mineral supply chain manage- amendment SA 1502 proposed by Mr.
(A) to use all available tools to ensure that ment issues, diversification, domestic pro- SCHUMER to the bill S. 1260, to establish
the People’s Republic of China fully imple- duction, and management. a new Directorate for Technology and
ments its commitments under the Agree- Innovation in the National Science
ment; and SA 1789. Mr. DAINES submitted an
amendment intended to be proposed to Foundation, to establish a regional
(B) to actively consider additional means technology hub program, to require a
to require the People’s Republic of China to amendment SA 1502 proposed by Mr.
SCHUMER to the bill S. 1260, to establish strategy and report on economic secu-
address unfair market access barriers, forced
technology transfer requirements, and a new Directorate for Technology and rity, science, research, innovation,
broader intellectual property theft concerns, Innovation in the National Science manufacturing, and job creation, to es-
including through future trade agreements Foundation, to establish a regional tablish a critical supply chain resil-
and working with partners in multilateral
technology hub program, to require a iency program, and for other purposes;
organizations, such as the Group of 7 (G7),
strategy and report on economic secu- which was ordered to lie on the table;
the Group of 20 (G20), and the World Trade as follows:
Organization. rity, science, research, innovation,
manufacturing, and job creation, to es- At the end of title III of division F, add the
(b) ENFORCEMENT OF AGREEMENT.—The
following:
President, acting through the United States tablish a critical supply chain resil-
Trade Representative, shall coordinate with SEC. 6302. PROHIBITION ON WAIVERS OF AGREE-
iency program, and for other purposes; MENT ON TRADE-RELATED ASPECTS
the heads of such Federal agencies as the which was ordered to lie on the table; OF INTELLECTUAL PROPERTY
President considers appropriate to enforce
the actions related to intellectual property
as follows: RIGHTS WITH RESPECT TO COVID–19
VACCINES.
laid out in the Agreement including— At the appropriate place, insert the fol-
lowing: The President may not assent to any waiv-
(1) the civil, administrative, and criminal
SEC. lll. COVERED PROJECTS UNDER TITLE er of any intellectual property protections
procedures and deterrent-level civil and
XLI OF THE FAST ACT. under the Agreement on Trade-Related As-
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criminal penalties provided in the Agree-
Section 41001(6)(A) of the FAST Act (42 pects of Intellectual Property Rights of the
ment; and
U.S.C. 4370m(6)(A)) is amended, in the matter World Trade Organization with respect to
(2) by using the full enforcement authority
preceding clause (i), by inserting ‘‘critical COVID–19 vaccines.
of the President, including any enforcement
authority in connection with the identifica- minerals production,’’ before ‘‘or any other
sector’’. SA 1793. Mr. DAINES (for himself
tion and reporting process under section 182
of the Trade Act of 1974 (19 U.S.C. 2242). and Mr. WHITEHOUSE) submitted an
(c) REPORT ON STATUS OF IMPLEMENTATION SA 1790. Mrs. BLACKBURN sub- amendment intended to be proposed by
OF CERTAIN OBLIGATIONS.— mitted an amendment intended to be him to the bill S. 1260, to establish a
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S3246 CONGRESSIONAL RECORD — SENATE May 20, 2021
new Directorate for Technology and In- (5) A team of computer scientists at Mor- graduate, graduate, and post-doctoral stu-
novation in the National Science Foun- gan State University are conducting re- dents with degrees in science, technology,
dation, to establish a regional tech- search to automate detection of concepts in engineering, and mathematics. The Director
biomedical images to reduce the burdens of may expand the program to other Histori-
nology hub program, to require a strat- annotation and interpretation of medical im- cally Black Colleges or Universities beyond
egy and report on economic security, ages while providing a decision support sys- those Historically Black Colleges or Univer-
science, research, innovation, manufac- tem for medical practitioners. sities classified as high research activity sta-
turing, and job creation, to establish a (6) Researchers at Howard University con- tus universities if the Director determines
critical supply chain resiliency pro- ducted a study across 6 decades to determine that the program can support such an expan-
gram, and for other purposes; which the underlying causes of the recent rapid in- sion.
was ordered to lie on the table; as fol- crease in the incidence and diagnosis of (2) GRANTS.—In carrying out the program,
hepatocellular carcinoma and liver metas- the Director shall award grants for scientific
lows: tases in Washington, DC, which is dispropor- research on a competitive, merit-reviewed
At the appropriate place, insert the fol- tionately impacting the Black population. basis to Historically Black Colleges or Uni-
lowing: (7) In 2019, Historically Black Colleges and versities that are classified as high research
SEC. ll. STUDY RELATING TO CONSEQUENCES Universities received $371,000,000, or about 0.8 activity status institutions at the time of
AND BENEFITS OF AMENDING THE percent of the $44,500,000,000 in Federal fund- application for such a grant.
CFAA.
ing to institutions of higher education for re- (3) INSTITUTIONAL AWARD LIMITATIONS.—The
(a) STUDY.—The Secretary of Homeland Se- search and development. Director may award not more than $25,000,000
curity, in consultation with the heads of (8) This number is a marked decrease from per year for a single institution under this
other appropriate agencies, shall conduct a fiscal year 2018, when Historically Black Col- section.
study on the consequences and benefits of leges and Universities received $400,000,000 (4) APPLICATION.—
amending section 1030 of title 18, United (0.9 percent) in Federal research and develop- (A) IN GENERAL.—To be eligible to receive a
States Code (commonly known as the ‘‘Com- ment funding. grant under this section, a Historically
puter Fraud and Abuse Act’’), to allow pri- (9) While there are 11 high research activ- Black College or University described in
vate entities to take proportional actions in ity status Historically Black Colleges and paragraph (2) shall submit an application to
response to an unlawful network breach, sub- Universities—Clark Atlanta University, the Director at such time, in such manner,
ject to oversight and regulation by a des- Delaware State University, Florida A&M and containing such information and assur-
ignated Federal agency. University, Hampton University, Howard ances as the Director may require.
(b) REPORT.— University, Jackson State University, Mor- (B) CONTENTS.—The application described
(1) IN GENERAL.—Not later than 180 days gan State University, North Carolina A&T in subparagraph (A) shall include, at a min-
after the date of enactment of this Act, the University, Tennessee State University, imum, a description of—
Secretary of Homeland Security shall sub- Texas Southern University, and University (i) a plan for increasing the level of re-
mit a report on the findings of the study con- of Maryland Eastern Shore—there are no search activity and achieving very high re-
ducted under subsection (a), including any very high research activity status Histori- search activity status classification within
recommendations, to Congress. cally Black Colleges and Universities. 10 years of the grant award, including meas-
(2) REQUIRED CONTENTS.—The report re- (10) Meaningfully investing in the research urable milestones such as growth in research
quired under paragraph (1) shall include rec- capacity of Historically Black Colleges and expenditures, number of research doctoral
ommendations for which Federal agency or Universities is an investment in our Nation’s degrees awarded, number of research-focused
agencies may authorize proportional actions future and will help meet the accelerating faculty, and other relevant factors;
by private entities, which entities would be science, technology, engineering, and mathe- (ii) how the institution of higher education
allowed to take such actions and under what matics workforce demands in the United will sustain the increased level of research
circumstances, and what actions would be States. activity beyond the duration of the award;
permissible. (b) PURPOSES.—The purposes of the pro- and
--- gram established under this section shall (iii) how the implementation of the pro-
SA 1794. Mr. VAN HOLLEN sub- be— posed plan will be evaluated and assessed.
mitted an amendment intended to be (1) to enable high research activity status (5) PROGRAM COMPONENTS.—
proposed by him to the bill S. 1260, to Historically Black Colleges and Universities (A) STRATEGIC AREAS OF SCIENTIFIC RE-
establish a new Directorate for Tech- to achieve very high research activity sta- SEARCH.—Through coordination with Histori-
tus; and cally Black Colleges or Universities that are
nology and Innovation in the National
(2) to increase the national number of Afri- eligible to receive a grant under this section,
Science Foundation, to establish a re- the Director, or the Director’s designee,
can-American undergraduate and graduate
gional technology hub program, to re- students with degrees in science, technology, shall establish mechanisms through which
quire a strategy and report on eco- engineering, and mathematics. applicants can seek funding under this sec-
nomic security, science, research, inno- (c) DEFINITIONS.—In this section: tion.
vation, manufacturing, and job cre- (1) DIRECTOR.—The term ‘‘Director’’ means (B) USE OF FUNDS.—An institution that re-
ation, to establish a critical supply the Director of the National Science Founda- ceives a grant under this section shall use
tion. the grant funds to support research activi-
chain resiliency program, and for other
(2) FEDERAL SCIENCE AGENCY.—The term ties, including—
purposes; which was ordered to lie on (i) faculty professional development;
Federal science agency means any Federal
the table; as follows: agency with an annual extramural research (ii) stipends for graduate and under-
At the appropriate place, insert the fol- expenditure of over $100,000,000. graduate students and post-doctoral schol-
lowing: (3) HIGH RESEARCH ACTIVITY STATUS.—The ars;
SEC. lll. HIGH RESEARCH ACTIVITY STATUS term ‘‘high research activity status’’ means (iii) laboratory equipment and instrumen-
HBCUS. such status, as classified by the Carnegie tation; and
(a) FINDINGS.—Congress finds the fol- Classification of Institutions of Higher Edu- (iv) other activities necessary to build re-
lowing: cation. search capacity.
(1) Historically Black Colleges and Univer- (4) HISTORICALLY BLACK COLLEGE OR UNI- (C) RESEARCH ASSESSMENT.—
sities hold a unique position in our efforts to VERSITY.—The term ‘‘Historically Black Col- (i) IN GENERAL.—An institution that sub-
diversify the science, technology, engineer- lege or University’’ has the meaning given mits a proposal for a grant under this sec-
ing, and mathematics academic and work- the term ‘‘part B institution’’ under section tion shall submit with their proposal a plan
force communities. 322 of the Higher Education Act of 1965 (20 that describes the institution’s plan to
(2) Even though our Nation’s Historically U.S.C. 1061). achieve very high research activity status,
Black Colleges and Universities make up (5) VERY HIGH RESEARCH ACTIVITY STATUS.— including making investments with institu-
just 3 percent of the colleges and universities The term ‘‘very high research activity sta- tional and non-Federal funds, to achieve that
in the United States, they graduate 25 per- tus’’ means such status, as classified by the status within a decade of the grant award, to
cent of African-American students with Carnegie Classification of Institutions of the extent practicable.
bachelor’s degrees in science, technology, en- Higher Education. (ii) UPDATED PLAN.—An institution that re-
gineering, and mathematics fields. (d) VERY HIGH RESEARCH ACTIVITY STATUS ceives a grant under this section shall sub-
(3) Historically Black Colleges and Univer- HISTORICALLY BLACK COLLEGES OR UNIVER- mit to the Foundation an updated plan de-
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sities are the institution of origin among al- SITIES PROGRAM.— scribed in clause (i), not less than once every
most 30 percent of Black graduates of science (1) PROGRAM.—The Director is authorized 3 years, which shall be based on a self-assess-
and engineering doctorate programs. to establish and carry out a program to ment of progress in achieving very high re-
(4) Historically Black Colleges and Univer- make awards to grow high research activity search activity status.
sities are leaders of our Nation’s research status (R2) Historically Black Colleges or (D) TRANSITION ELIGIBILITY.—The Director
and development enterprise, and they are Universities to achieve very high research may consider creating pathways for new His-
paving the way across sectors, having re- activity status (R1) while increasing the na- torically Black Colleges or Universities to
ceived over 100 utility patents in 40 years. tional number of African American under- enter into the program under this section as
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3247
participating institutions achieve very high (ii) $324,000,000 shall be for scholarships, outside of the Directorate, of which
research activity status. fellowships, and other activities under sec- $2,100,000,000 shall be for STEM education
(e) REPORT ON IMPROVING THE RESEARCH tion 2106; and related activities, including workforce
CAPACITY AT HIGH RESEARCH ACTIVITY HIS- (iii) $252,000,000 shall be for academic tech- activities under section 2202; and
TORICALLY BLACK COLLEGES OR UNIVER- nology transfer under section 2109; (B) $8,400,000,000 shall be made available to
SITIES.— (iv) $180,000,000 shall be for test beds under the Directorate, of which—
(1) IN GENERAL.—Not later than 1 year after section 2108; (i) $2,772,000,000 shall be for the innovation
the date of enactment of this division, the (v) $270,000,000 shall be for research and de- centers under section 2104;
National Science and Technology Council velopment activities under section 2107; and (ii) $1,512,000,000 shall be for scholarships,
shall prepare and submit a report that— (vi) an amount equal to 10 percent of the fellowships, and other activities under sec-
(A) identifies challenges and barriers to total made available to the Directorate tion 2106;
Federal research grants for high research ac- under this subparagraph shall be transferred (iii) $1,176,000,000 shall be for academic
tivity status Historically Black Colleges or to the Foundation for collaboration with di- technology transfer under section 2109;
Universities; and rectorates and offices of the Foundation out- (iv) $840,000,000 shall be for test beds under
(B) identifies recommendations for Federal side of the Directorate as described under section 2108;
science agencies to sustainably boost the re- section 2102(c)(7). (v) $1,260,000,000 shall be for research and
search capacity of high research activity sta- (b) FISCAL YEAR 2023.— development activities under section 2107;
tus Historically Black Colleges or Univer- (1) FOUNDATION.—There is authorized to be and
sities through grant-making authorities. appropriated to the Foundation (vi) an amount equal to 10 percent of the
(2) REPORT SUBMISSION.—The National $14,368,000,000 for fiscal year 2023. total made available to the Directorate
Science and Technology Council shall trans- (2) SPECIFIC NSF ALLOCATIONS.—Of the under this subparagraph shall be transferred
mit the report to the Director of the Na- amount authorized under paragraph (1)— to the Foundation for collaboration with di-
tional Science Foundation, the Adminis- (A) $11,168,000,000 shall be made available rectorates and offices of the Foundation out-
trator of the National Aeronautics and Space to carry out the activities of the Foundation side of the Directorate as described under
Administration, the Secretary of Agri- outside of the Directorate, of which section 2102(c)(7).
culture, the Secretary of Commerce, the Sec- $1,190,000,000 shall be for STEM education (e) FISCAL YEAR 2026.—
retary of Defense, the Secretary of Energy, and related activities, including workforce (1) FOUNDATION.—There is authorized to be
activities under section 2202; and appropriated to the Foundation
the Secretary of Health and Human Services,
(B) $3,200,000,000 shall be made available to $22,562,520,000 for fiscal year 2026.
and the heads of other such agencies as de-
the Directorate, of which— (2) SPECIFIC NSF ALLOCATIONS.—Of the
termined relevant by the National Science
(i) $1,056,000,000 shall be for the innovation amount authorized under paragraph (1)—
and Technology Council.
centers under section 2104; (A) $13,262,520,000 shall be made available
(3) INFORMATION FROM FEDERAL AGENCIES.—
(ii) $576,000,000 shall be for scholarships, to carry out the activities of the Foundation
(A) IN GENERAL.—The National Science and
fellowships, and other activities under sec- outside of the Directorate, of which
Technology Council may secure directly
tion 2106; $2,540,000,000 shall be for STEM education
from a Federal department or agency such
(iii) $448,000,000 shall be for academic tech- and related activities, including workforce
information as the National Science and
nology transfer under section 2109; activities under section 2202; and
Technology Council considers necessary to
(iv) $320,000,000 shall be for test beds under (B) $9,300,000,000 shall be made available to
carry out the report under this subsection. the Directorate, of which—
section 2108;
(B) FURNISHING INFORMATION.—Upon a re- (i) $3,069,000,000 shall be for the innovation
(v) $480,000,000 shall be for research and de-
quest from the National Science and Tech- centers under section 2104;
velopment activities under section 2107; and
nology Council, the head of a Federal depart- (ii) $1,674,000,000 shall be for scholarships,
(vi) an amount equal to 10 percent of the
ment or agency shall furnish such informa- fellowships, and other activities under sec-
total made available to the Directorate
tion as is requested to the National Science tion 2106;
under this subparagraph shall be transferred
and Technology Council. (iii) $1,302,000,000 shall be for academic
to the Foundation for collaboration with di-
(f) AUTHORIZATION OF APPROPRIATIONS.— rectorates and offices of the Foundation out- technology transfer under section 2109;
There is authorized to be appropriated to the side of the Directorate as described under (iv) $930,000,000 shall be for test beds under
Foundation, for awards under this section, section 2102(c)(7). section 2108;
$200,000,000 for fiscal year 2022 and each year (c) FISCAL YEAR 2024.— (v) $1,395,000,000 shall be for research and
thereafter. (1) FOUNDATION.—There is authorized to be development activities under section 2107;
--- appropriated to the Foundation and
SA 1795. Mr. DURBIN submitted an $18,198,200,000 for fiscal year 2024. (vi) an amount equal to 10 percent of the
amendment intended to be proposed to (2) SPECIFIC NSF ALLOCATIONS.—Of the total made available to the Directorate
amendment SA 1502 proposed by Mr. amount authorized under paragraph (1)— under this subparagraph shall be transferred
SCHUMER to the bill S. 1260, to establish (A) $11,898,200,000 shall be made available to the Foundation for collaboration with di-
a new Directorate for Technology and to carry out the activities of the Foundation rectorates and offices of the Foundation out-
Innovation in the National Science outside of the Directorate, of which side of the Directorate as described under
$1,600,000,000 shall be for STEM education section 2102(c)(7).
Foundation, to establish a regional (f) ALLOCATION AND LIMITATIONS.—
and related activities, including workforce
technology hub program, to require a activities under section 2202; and (1) ALLOCATION FOR THE OFFICE OF INSPEC-
strategy and report on economic secu- (B) $6,300,000,000 shall be made available to TOR GENERAL.—From any amounts appro-
rity, science, research, innovation, the Directorate, of which— priated for the Foundation for a fiscal year,
manufacturing, and job creation, to es- (i) $2,079,000,000 shall be for the innovation the Director shall allocate for necessary ex-
tablish a critical supply chain resil- centers under section 2104; penses of the Office of Inspector General of
iency program, and for other purposes; (ii) $1,134,000,000 shall be for scholarships, the Foundation an amount of not less than
fellowships, and other activities under sec- $33,000,000 in any fiscal year for oversight of
which was ordered to lie on the table;
tion 2106; the programs and activities funded under
as follows: this section in accordance with the Inspector
(iii) $882,000,000 shall be for academic tech-
Strike section 2116 and insert the fol- nology transfer under section 2109; General Act of 1978 (5 U.S.C. App.).
lowing: (iv) $630,000,000 shall be for test beds under (2) SUPPLEMENT AND NOT SUPPLANT.—The
SEC. 2116. AUTHORIZATION OF APPROPRIATIONS section 2108; amounts authorized to be appropriated under
FOR THE FOUNDATION. (v) $945,000,000 shall be for research and de- this section shall supplement, and not sup-
(a) FISCAL YEAR 2022.— velopment activities under section 2107; and plant, any other amounts previously appro-
(1) FOUNDATION.—There is authorized to be (vi) an amount equal to 10 percent of the priated to the Office of the Inspector General
appropriated to the Foundation total made available to the Directorate of the Foundation.
$12,269,200,000 for fiscal year 2022. under this subparagraph shall be transferred (3) NO NEW AWARDS.—The Director shall
(2) SPECIFIC NSF ALLOCATIONS.—Of the to the Foundation for collaboration with di- not make any new awards for the activities
amount authorized under paragraph (1)— rectorates and offices of the Foundation out- under the Directorate for any fiscal year in
(A) $10,469,200,000 shall be made available side of the Directorate as described under which the total amount appropriated to the
to carry out the activities of the Foundation section 2102(c)(7). Foundation (not including amounts appro-
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outside of the Directorate, of which (d) FISCAL YEAR 2025.— priated for the Directorate) is less than the
$800,000,000 shall be for STEM education and (1) FOUNDATION.—There is authorized to be total amount appropriated to the Founda-
related activities, including workforce ac- appropriated to the Foundation tion (not including such amounts), adjusted
tivities under section 2202; and $21,061,900,000 for fiscal year 2025. by the rate of inflation, for the previous fis-
(B) $1,800,000,000 shall be made available to (2) SPECIFIC NSF ALLOCATIONS.—Of the cal year.
the Directorate, of which— amount authorized under paragraph (1)— (4) NO FUNDS FOR CONSTRUCTION.—No funds
(i) $594,000,000 shall be for the innovation (A) $12,661,900,000 shall be made available provided to the Directorate under this sec-
centers under section 2104; to carry out the activities of the Foundation tion shall be used for construction.
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S3248 CONGRESSIONAL RECORD — SENATE May 20, 2021
SA 1796. Mr. DURBIN (for himself dents to prepare the next generation of min- (D) examine options for accessing and de-
and Ms. MURKOWSKI) submitted an ing engineers and researchers. veloping critical minerals through invest-
amendment intended to be proposed by (b) CRITICAL MINERALS INTERAGENCY SUB- ment and trade with allies and partners of
COMMITTEE.— the United States and provide recommenda-
him to the bill S. 1260, to establish a (1) IN GENERAL.—In order to support supply tions;
new Directorate for Technology and In- chain resiliency, the Critical Minerals Sub- (E) evaluate and provide recommendations
novation in the National Science Foun- committee of the National Science and Tech- to incentivize the development and use of ad-
dation, to establish a regional tech- nology Council (referred to in this subsection vances in science and technology in the pri-
nology hub program, to require a strat- as the ‘‘Subcommittee’’) shall coordinate vate industry;
egy and report on economic security, Federal science and technology efforts to en- (F) assess the need for and make rec-
science, research, innovation, manufac- sure secure and reliable supplies of critical ommendations to address the challenges the
turing, and job creation, to establish a minerals to the United States. United States critical minerals supply chain
(2) PURPOSES.—The purposes of the Sub- workforce faces, including—
critical supply chain resiliency pro-
committee shall be— (i) aging and retiring personnel and fac-
gram, and for other purposes; which (A) to advise and assist the Committee on ulty;
was ordered to lie on the table; as fol- Homeland and National Security and the Na- (ii) public perceptions about the nature of
lows: tional Science and Technology Council on mining and mineral processing; and
Strike section 2214 and insert the fol- United States policies, procedures, and plans (iii) foreign competition for United States
lowing: as it relates to critical minerals, including— talent;
SEC. 2214. CRITICAL MINERALS MINING, RECY- (i) Federal research, development, and de- (G) develop, and update as necessary, a
CLING, AND ALTERNATIVE TECH- ployment efforts to optimize methods for ex- strategic plan to guide Federal programs and
NOLOGIES RESEARCH. tractions, concentration, separation, and pu- activities to enhance—
(a) CRITICAL MINERALS MINING, RECYCLING, rification of conventional, secondary, and (i) scientific and technical capabilities
AND ALTERNATIVE TECHNOLOGIES RESEARCH unconventional sources of critical minerals, across critical mineral supply chains, includ-
AND DEVELOPMENT AT THE FOUNDATION.— including research that prioritizes end-to- ing a roadmap that identifies key research
(1) IN GENERAL.—In order to support supply end integration of mining and recycling and development needs and coordinates on-
chain resiliency and reduce the environ- techniques and the end-use target for critical going activities for source diversification,
mental impacts of critical minerals mining, minerals; more efficient use, recycling, and alternative
the Director shall issue awards, on a com- (ii) efficient use and reuse of critical min- technologies; and
petitive basis, to institutions of higher edu- erals, including recycling technologies for (ii) cross-cutting mining science, data
cation, nonprofit organizations, or National critical minerals and the reclamation of crit- science techniques, materials science, manu-
Laboratories (or consortia of such institu- ical minerals from components such as spent facturing science and engineering, computa-
tions or organizations, including consortia batteries; tional modeling, and environmental health
that collaborate with private industry) to (iii) research, development, and deploy- and safety research and development; and
support basic research that will accelerate ment of materials and technologies that can (H) report to the appropriate committees
innovation to advance critical minerals min- be used in place of technologies utilizing of Congress on activities and findings under
ing, recycling, and reclamation strategies critical minerals, such as battery or energy this subsection.
and technologies for the purpose of making storage technologies that minimize or do not (4) MANDATORY RESPONSIBILITIES.—In car-
better use of domestic resources, finding al- incorporate critical minerals; rying out paragraphs (1) and (2), the Sub-
ternative technologies, and eliminating na- (iv) addressing the technology transitions committee shall, taking into account the
tional reliance on minerals and mineral ma- between research or lab-scale mining and re- findings and recommendations of the rel-
terials that are subject to supply disrup- cycling and commercialization of these tech- evant advisory committees, identify and
tions. nologies; evaluate Federal policies and regulations
(2) USE OF FUNDS.—Activities funded by an (v) the critical minerals workforce of the that restrict the mining of critical minerals.
award under this section may include— United States; and (c) GRANT PROGRAM FOR DEVELOPMENT OF
(A) advancing mining research and devel- (vi) United States private industry invest- CRITICAL MINERALS AND METALS .—
opment activities to develop new mapping ments in innovation and technology transfer (1) ESTABLISHMENT.—The Secretary of
and mining technologies and techniques, in- from federally funded science and tech- Commerce, in consultation with the Direc-
cluding advanced critical mineral extraction nology; tor, the Secretary of the Interior, and the
and production, to improve existing or to de- (B) to identify emerging opportunities, heads of other relevant Federal agencies,
velop new supply chains of critical minerals, stimulate international cooperation, and fos- shall establish a grant program to finance
and to yield more efficient, economical, and ter the development of secure and reliable pilot projects for the development of critical
environmentally benign mining practices; supply chains of critical minerals, including minerals and metals mining, recycling, and
(B) advancing critical mineral processing activities related to the reclamation of crit- alternative technologies research and devel-
research activities to improve separation, ical minerals via recycling and research and opment in the United States.
alloying, manufacturing, or recycling tech- development of alternative technologies; (2) LIMITATION ON GRANT AWARDS.—A grant
niques and technologies that can decrease (C) to ensure the transparency of informa- awarded under paragraph (1) may not exceed
the energy intensity, waste, potential envi- tion and data related to critical minerals; $10,000,000.
ronmental impact, and costs of those activi- and (3) ECONOMIC VIABILITY.—In awarding
ties; (D) to provide recommendations on coordi- grants under paragraph (1), the Secretary of
(C) advancing research and development of nation and collaboration among the re- Commerce shall give priority to projects
critical minerals mining and recycling tech- search, development, and deployment pro- that the Secretary of Commerce determines
nologies that take into account the potential grams and activities of Federal agencies to are likely to be economically viable over the
end-uses and disposal of critical minerals, in promote a secure and reliable supply of crit- long term.
order to improve end-to-end integration of ical minerals necessary to maintain national (4) SECONDARY RECOVERY.—In awarding
mining and technological applications; security, economic well-being, and industrial grants under paragraph (1), the Secretary of
(D) conducting research and development production. Commerce shall seek to award not less than
on alternative technologies, such as in bat- (3) RESPONSIBILITIES.—In carrying out 30 percent of the total amount of grants
tery or energy storage technologies that paragraphs (1) and (2), the Subcommittee awarded during the fiscal year for projects
minimize or do not incorporate critical min- may, taking into account the findings and relating to secondary recovery of critical
erals; recommendations of relevant advisory com- minerals and metals.
(E) conducting long-term earth observa- mittees— (5) AUTHORIZATION OF APPROPRIATIONS.—
tion of reclaimed mine sites, including the (A) provide recommendations on how Fed- There is authorized to be appropriated to the
study of the evolution of microbial diversity eral agencies may improve the topographic, Secretary of Commerce $100,000,000 for each
at such sites; geologic, and geophysical mapping of the of fiscal years 2021 through 2024 to carry out
(F) examining the application of artificial United States and improve the the grant program established under para-
intelligence for geological exploration of discoverability, accessibility, and usability graph (1).
critical minerals, including what size and di- of the resulting and existing data, to the ex- (d) DEFINITIONS.—In this section:
versity of data sets would be required; tent permitted by law and subject to appro- (1) ALTERNATIVE TECHNOLOGIES.—The term
(G) examining the application of machine priate limitation for purposes of privacy and ‘‘alternative technologies’’ means the devel-
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learning for detection and sorting of critical security; opment of substitute materials that can sub-
minerals, including what size and diversity (B) assess the progress toward developing stantially satisfy the metrics of the end-use
of data sets would be required; critical minerals recycling and reprocessing application by either significantly mini-
(H) conducting detailed isotope studies of technologies, and alternative technologies; mizing or completely eliminating the need
critical minerals and the development of (C) assess the end-to-end lifecycle of crit- for critical minerals.
more refined geologic models; or ical minerals, including for mining, usage, (2) CRITICAL MINERAL; CRITICAL MINERAL OR
(I) providing training and research oppor- recycling, and end-use material and tech- METAL.—The terms ‘‘critical mineral’’ and
tunities to undergraduate and graduate stu- nology requirements; ‘‘critical mineral or metal’’ include any host
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May 20, 2021 CONGRESSIONAL RECORD — SENATE S3249
mineral of a critical mineral (within the (6) PROHIBITION ON PROCESSING BY FOREIGN (C) the failure of the Government to en-
meaning of those terms in section 7002 of the ENTITY OF CONCERN.—In awarding grants force environmental laws and regulations,
Energy Act of 2020 (30 U.S.C. 1606). under paragraph (1), the Secretary of Energy including prohibitions against the dumping
(3) END-TO-END.—The term ‘‘end-to-end’’, shall ensure that pilot projects do not export of waste.
with respect to the integration of mining or for processing any critical minerals and met- (b) CONSULTATION.—In preparing the report
life cycle of minerals, means the integrated als to a foreign entity of concern (as defined required under subsection (a), the Secretary
approach of, or the lifecycle determined by, in section 2307(a)). of State, in coordination with the United
examining the research and developmental (7) AUTHORIZATION OF APPROPRIATIONS.— States Trade Representative and the Sec-
process from the mining of the raw minerals There is authorized to be appropriated to the retary of Commerce, may, as necessary and
to its processing into useful materials, its in- Secretary of Energy $100,000,000 for each of appropriate, consult with—
tegration into components and devices, the fiscal years 2021 through 2024 to carry out (1) other Federal agencies;
utilization of such devices in the end-use ap- the grant program established under para- (2) the private sector; and
plication to satisfy certain performance graph (1). (3) civil society organizations.
metrics, and the recycling or disposal of such (d) DEFINITIONS.—In this section:
devices. (1) CRITICAL MINERAL.—The term ‘‘critical
(4) RECYCLING.—The term ‘‘recycling’’ mineral’’ has the meaning given the term in SA 1799. Ms. HASSAN (for herself and
means the process of collecting and proc- section 7002(a) of the Energy Act of 2020 (30 Ms. ERNST) submitted an amendment
essing spent materials and devices and turn- U.S.C. 1606(a)). intended to be proposed by her to the
ing them into raw materials or components (2) CRITICAL MINERAL AND METAL.—The bill S. 1260, to establish a new Direc-
that can be reused either partially or com- term ‘‘critical mineral and metal’’ includes torate for Technology and Innovation
pletely. any host mineral of a critical mineral. in the National Science Foundation, to
(5) SECONDARY RECOVERY.—The term ‘‘sec- (3) SECONDARY RECOVERY.—The term ‘‘sec-
ondary recovery’’ means the recovery of crit-
establish a regional technology hub
ondary recovery’’ means the recovery of crit-
ical minerals and metals from discarded end- ical minerals and metals from discarded end- program, to require a strategy and re-
use products or from waste products pro- use products or from waste products pro- port on economic security, science, re-
duced during the metal refining and manu- duced during the metal refining and manu- search, innovation, manufacturing, and
facturing process, including from mine waste facturing process, including from mine waste job creation, to establish a critical sup-
piles, acid mine drainage sludge, or byprod- piles, acid mine drainage sludge, or byprod- ply chain resiliency program, and for
ucts produced through legacy mining and ucts produced through legacy mining and other purposes; which was ordered to
metallurgy activities. metallurgy activities. lie on the table; as follows:
SA 1797. Ms. CORTEZ MASTO (for SA 1798. Ms. WARREN (for herself At the appropriate place, insert the fol-
herself, Mr. MANCHIN, Ms. MURKOWSKI, and Mr. SANDERS) submitted an amend- lowing:
and Ms. HASSAN) submitted an amend- ment intended to be proposed to SEC. llll. VIRTUAL CURRENCIES AND THEIR
ment intended to be proposed to amendment SA 1502 proposed by Mr. GLOBAL USE.
amendment SA 1502 proposed by Mr. SCHUMER to the bill S. 1260, to establish (a) REPORT.—Not later than 2 years after
SCHUMER to the bill S. 1260, to establish a new Directorate for Technology and the date of enactment of this Act, the Sec-
a new Directorate for Technology and Innovation in the National Science retary of the Treasury, in consultation with
Innovation in the National Science Foundation, to establish a regional the Attorney General, the United States
Foundation, to establish a regional technology hub program, to require a Trade Representative, the Board of Gov-
technology hub program, to require a ernors of the Federal Reserve System, the
strategy and report on economic secu- Office of the Director of National Intel-
strategy and report on economic secu- rity, science, research, innovation, ligence, and any other agencies or depart-
rity, science, research, innovation, manufacturing, and job creation, to es- ments that the Secretary of the Treasury de-
manufacturing, and job creation, to es- tablish a critical supply chain resil- termines are necessary, shall submit to the
tablish a critical supply chain resil- iency program, and for other purposes; Committee on Finance, the Committee on
iency program, and for other purposes; which was ordered to lie on the table; Banking, Housing, and Urban Affairs, and
which was ordered to lie on the table; as follows: the Committee on the Judiciary of the Sen-
as follows: At the end of title IV of division C, add the ate and the Committee on Ways and Means,
Strike subsections (c) and (d) of section following: the Committee on the Judiciary, and Com-
2214 (relating to critical minerals mining re- SEC. 3409. REPORT ON UNFAIR COMPETITIVE AD- mittee on Financial Services of the House of
search) of division B and insert the fol- VANTAGES DUE TO POOR LABOR Representatives a report on virtual cur-
lowing: AND ENVIRONMENTAL POLICIES rency, which shall—
(c) GRANT PROGRAM FOR PROCESSING OF AND PRACTICES. (1) identify and rank the countries that
CRITICAL MINERALS AND DEVELOPMENT OF (a) IN GENERAL.—Not later than one year host—
CRITICAL MINERALS AND METALS.— after the date of the enactment of this Act, (A) the largest state and private industry
(1) ESTABLISHMENT.—The Secretary of En- the Secretary of State, in coordination with generators of virtual currency;
ergy, in consultation with the Director, the the United States Trade Representative and (B) the largest state and private industry
Secretary of the Interior, and the Secretary the Secretary of Commerce, shall publish an users of virtual currency; and
of Commerce, shall establish a grant pro- unclassified report in the Federal Register (C) the largest or most active money serv-
gram to finance pilot projects for— that identifies, with respect to the 5 United ices businesses that engage in virtual cur-
(A) the processing of critical minerals in States trading partners whose labor and en- rency transactions;
the United States; or vironmental policies and practices are most (2) identify policies adopted by the foreign
(B) the development of critical minerals concerning— countries listed in paragraph (3)to develop
and metals in the United States. (1) unfair competitive advantages provided and protect their domestic virtual currency
(2) LIMITATION ON GRANT AWARDS.—A grant by a government of a country to companies industry;
awarded under paragraph (1) may not exceed in such country as a result of poor labor poli- (3) identify, to the greatest extent prac-
$10,000,000. cies and practices, including— ticable, the types and dollar value of virtual
(3) ECONOMIC VIABILITY.—In awarding (A) barriers to workers’ access to inde- currency mined, as well as an estimate of the
grants under paragraph (1), the Secretary of pendent unions; amount of energy consumed doing so for
Energy shall give priority to projects that (B) the enablement or toleration of forced each of fiscal years 2016 through 2021 within
the Secretary of Energy determines are like- labor; the United States and globally, as well as
ly to be economically viable over the long (C) the enablement or toleration of child within the People’s Republic of China, the Is-
term. labor; and lamic Republic of Iran, the Democratic Peo-
(4) SECONDARY RECOVERY.—In awarding (D) the failure of the Government to en- ple’s Republic of Korea, the Bolivarian Re-
grants under paragraph (1), the Secretary of force labor laws and regulations, including public of Venezuela, the Republic of Cuba,
Energy shall seek to award not less than 30 law and regulations regarding minimum the Republic of the Union of Myanmar, the
percent of the total amount of grants award- wage, safe working conditions, and overtime Syrian Arab Republic, and the Russian Fed-
ed during the fiscal year for projects relating pay; and eration;
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to secondary recovery of critical minerals (2) unfair competitive advantages provided (4) identify vulnerabilities, including those
and metals. by a government of a country to companies related to security, disruptions, and tech-
(5) DOMESTIC PRIORITY.—In awarding grants in such country as a result of poor environ- nology availability, of the global microelec-
for the development of critical minerals and mental policies and practices, including— tronic supply chain with respect to virtual
metals under paragraph (1)(B), the Secretary (A) low air and water quality and pollution currency mining operations; and
of Energy shall prioritize pilot projects that emissions standards; (5) provide policy and legislative rec-
will process the critical minerals and metals (B) subsidies for polluting energy sources; ommendations to address the issues identi-
domestically. and fied in paragraphs (3) and (4).
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S3250 CONGRESSIONAL RECORD — SENATE May 20, 2021
(b) CLASSIFIED ANNEX.—The report sub- tional Counterintelligence and Security Cen- Act (42 U.S.C. 247d–6b(a)) is amended by add-
mitted under subsection (a) shall be sub- ter, and the Director of the Federal Bureau ing at the end the following:
mitted in unclassified form, but may include of Investigation shall jointly establish a ‘‘(6) TRANSFER OF ITEMS.—
a classified annex. counterintelligence screening process to pro- ‘‘(A) IN GENERAL.—During the 6-year period
tect the United States against efforts of that begins on the date of enactment of this
SA 1800. Mr. TILLIS submitted an China and other foreign entities to engage in paragraph, the Secretary, in coordination
amendment intended to be proposed by economic espionage and to misappropriate with the Secretary of Homeland Security,
him to the bill S. 1260, to establish a United States intellectual property, research may, at appropriate intervals, sell or trans-
new Directorate for Technology and In- and development, and innovation efforts. fer drugs, vaccines and other biological prod-
(2) FUNCTIONS.—Subject to the joint direc- ucts, medical devices, or other supplies
novation in the National Science Foun-
tion and control of the Director of National maintained in the stockpile under paragraph
dation, to establish a regional tech- Intelligence, the Director of the National (1) to a Federal agency or private, nonprofit,
nology hub program, to require a strat- Counterintelligence and Security Center, State, local, tribal, or territorial entity.
egy and report on economic security, and the Director of the Federal Bureau of In- ‘‘(B) REQUIREMENTS.—In carrying out sub-
science, research, innovation, manufac- vestigation, the counterintelligence screen- paragraph (A), the Secretary—
turing, and job creation, to establish a ing process established under paragraph (1) ‘‘(i) shall, on a regular basis, assess the
critical supply chain resiliency pro- shall assess and screen all funds provided stock of such equipment and communicate
gram, and for other purposes; which under this Act (including grants awarded to manufacturers and suppliers of such
under this Act) for potential national secu- equipment to the stockpile under paragraph
was ordered to lie on the table; as fol-
rity threats. (1) if such assessment indicates that there
lows: (3) FUNDING.—Amounts required to carry
At the end of subtitle B of title II of divi- will be an increased need for such equipment;
out the process established under paragraph ‘‘(ii) shall, for any sale or transfer or any
sion E, add the following: (1) shall be derived from amounts appro-
SEC. 5214. MEMBERSHIP OF THE COMMITTEE ON
such equipment, do so at a competitive and
priated to carry out this Act. fair price, as determined by the Secretary,
FOREIGN INVESTMENT IN THE (b) PROTECTIONS.—
UNITED STATES. taking into account the current market pric-
(1) CERTIFICATION REQUIRED FOR RECEIPT OF
Section 721(k)(2) of the Defense Production ing for the applicable equipment and the
AMOUNTS.—Notwithstanding any other provi-
Act of 1950 (50 U.S.C. 4565(k)(2)) is amended— operational budget for the stockpile;
sion of this Act, no person may receive any
(1) by redesignating subparagraphs (H) ‘‘(iii) shall, prior to any sale of such equip-
amount (including an amount as part of a
through (J) as subparagraphs (I) through (K), ment in the commercial market, including a
grant awarded under this Act) or purchase,
respectively; and sale to a private or nonprofit entity de-
lease, or otherwise obtain any intellectual
(2) by inserting after subparagraph (G) the scribed in subparagraph (A), provide ade-
property developed through a grant awarded
following: quate notification to relevant manufactur-
under this Act, unless the Director of Na-
‘‘(H) The Secretary of Agriculture.’’. ers, distributors, or other appropriate enti-
tional Intelligence, the Director of the Na-
ties in order to mitigate any commercial dis-
tional Counterintelligence and Security Cen-
SA 1801. Mr. WICKER (for himself, ter, and the Director of the Federal Bureau
ruption from such sale;
Mrs. SHAHEEN, and Mrs. HYDE-SMITH) ‘‘(iv) may enter into a contract or coopera-
of Investigation jointly certify that the per-
submitted an amendment intended to tive agreement with an entity that has ex-
son has sufficient protections in place to pro-
be proposed to amendment SA 1502 pro- pertise in supply chain logistics and manage-
tect against misappropriation of United
ment, including a group purchasing organi-
posed by Mr. SCHUMER to the bill S. States intellectual property, research and
zation or medical product distributor, to
1260, to establish a new Directorate for development, and innovation efforts, and
carry out activities described in this para-
Technology and Innovation in the Na- other threats from foreign governments and
graph, which may include facilitating timeli-
tional Science Foundation, to establish other entities.
ness, logistical assistance, appropriate pric-
(2) CERTIFICATION REQUIREMENTS.—Not-
a regional technology hub program, to withstanding any other provision of this Act,
ing, and to determine appropriate amounts
require a strategy and report on eco- of such equipment; and
no certification may be made under para-
nomic security, science, research, inno- ‘‘(v) may, for purposes of meeting the goals
graph (1) with respect to a person unless
vation, manufacturing, and job cre- described in subparagraph (A), and to pro-
such person discloses to the Director of Na-
mote efficient and predictable operations of
ation, to establish a critical supply tional Intelligence, the Director of the Na-
the stockpile while mitigating the risk of
chain resiliency program, and for other tional Counterintelligence and Security Cen-
product expiration or shortages, enter into
purposes; which was ordered to lie on ter, and the Director of the Federal Bureau
arrangements, through a competitive bid-
the table; as follows: of Investigation the following:
ding process, with one or more manufactur-
(A) Any funding received by the person
On page 260, strike lines 11 and 12 and in- ers or such products to establish and utilize
from a foreign source during the most recent
sert the following: revolving stockpiles of such products man-
10-year period.
section 2104 of the Endless Frontier Act; aged and operated by such manufacturer.
(B) Any financial or in-kind support re-
‘‘(J) a cooperative extension; and ‘‘(C) REVOLVING STOCKPILE ARRANGE-
ceived by the person from any entity—
‘‘(K) Engineer Research and Development MENTS.—Under an arrangement described in
(i) owned or controlled by the Government
Center laboratories of the Army Corps of En- subparagraph (B)(v)—
of the People’s Republic of China; or
gineers. ‘‘(i) the manufacturer (or a subcontractor
(ii) in which the Government of the Peo-
or agent of the manufacturer)—
SA 1802. Mr. RUBIO (for himself, Mr. ple’s Republic of China has an ownership in-
‘‘(I) shall—
terest.
BURR, Mr. RISCH, Mr. BLUNT, Mr. COT- ‘‘(aa) produce or procure such equipment
(C) Any participation of the person in a
TON, Mr. CORNYN, and Mr. SASSE) sub- for the stockpile under paragraph (1);
foreign government talent recruitment pro-
mitted an amendment intended to be ‘‘(bb) maintain constant supply, posses-
gram, consistent with section 2303.
proposed to amendment SA 1502 pro- sion, and re-stocking capacity of such equip-
SA 1803. Mr. DURBIN (for himself ment in such quantities as the Secretary re-
posed by Mr. SCHUMER to the bill S. quires for purposes of the stockpile under
1260, to establish a new Directorate for and Mr. CASSIDY) submitted an amend-
paragraph (1); and
Technology and Innovation in the Na- ment intended to be proposed to ‘‘(cc) fulfill or support the deployment, dis-
tional Science Foundation, to establish amendment SA 1502 proposed by Mr. tribution, or dispensing functions of the
a regional technology hub program, to SCHUMER to the bill S. 1260, to establish stockpile at the State and local levels, con-
require a strategy and report on eco- a new Directorate for Technology and sistent with paragraph (3); and
nomic security, science, research, inno- Innovation in the National Science ‘‘(II) may sell or transfer such equipment
vation, manufacturing, and job cre- Foundation, to establish a regional for the purposes of the manufacturer’s exist-
technology hub program, to require a ing inventory and commercial contracts; and
ation, to establish a critical supply ‘‘(ii) the Secretary shall pay a manage-
chain resiliency program, and for other strategy and report on economic secu-
rity, science, research, innovation, ment fee, which may include compensation
purposes; which was ordered to lie on to the manufacturer for such equipment, as
the table; as follows: manufacturing, and job creation, to es-
appropriate.
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At the appropriate place, insert the fol-
tablish a critical supply chain resil- ‘‘(D) COMPENSATION TO HHS.—In the case of
lowing: iency program, and for other purposes; a sale or transfer of such equipment to an
SEC. ll. COUNTERINTELLIGENCE AND NA- which was ordered to lie on the table; entity described in subparagraph (A), the
TIONAL SECURITY PROTECTIONS. as follows: proceeds from the sale shall be transferred to
(a) COUNTERINTELLIGENCE SCREENING PROC- Strike paragraph (3) of section 4153(f) and the Secretary and be made available, with-
ESS.— insert the following: out further appropriation, until expended,
(1) ESTABLISHMENT.—The Director of Na- (3) STRATEGIC NATIONAL STOCKPILE.—Sec- for purposes of procuring such equipment for
tional Intelligence, the Director of the Na- tion 319F–2(a) of the Public Health Service the stockpile under paragraph (1).’’.
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