Congressional Record, Senate, May 25, 2021 — Amendments to S. 1260
Summary
Page S3430 of the Senate section of the Congressional Record for May 25, 2021, listing amendments to S. 1260 that were ordered to lie on the table, in interleaved columns. Entries name Mr. Sullivan and Mr. Cruz as submitters, with amendment text stating a sense of Congress that the United States will continue to use its tools to promote distribution of life-saving COVID-19 vaccines to other countries and that President Biden should work with foreign governments and multilateral institutions. Trade-related text covers consultation by the United States Trade Representative on negotiations. The page ends with committee meeting notices and S. Res. 236, which is agreed to.
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“Congressional Record, Senate, May 25, 2021 — Amendments to S. 1260.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-05-25-crec-2021-05-25-pt1-pgs3430-07768c0fdd/
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S3430 CONGRESSIONAL RECORD — SENATE May 25, 2021
amendment SA 1502 proposed by Mr. SCHU- (2) as a developed nation with a long- Health Organization, the United Nations
MER to the bill S. 1260, supra; which was or- standing commitment to promoting global Children’s Emergency Fund (commonly re-
dered to lie on the table. health, innovation, access to medicine, pub- ferred to as ‘‘UNICEF’’), the World Bank,
SA 2030. Mr. SULLIVAN submitted an lic welfare, and security, the United States and Gavi, the Vaccine Alliance; and
amendment intended to be proposed to will continue to use the resources and tools (G) take into account other legitimate do-
amendment SA 1502 proposed by Mr. SCHU- at its disposal to promote the distribution of mestic policies of the United States, includ-
MER to the bill S. 1260, supra; which was or- life-saving COVID–19 vaccines to other coun- ing health and safety, national security, con-
dered to lie on the table. tries; sumer interests, intellectual property rights,
SA 2031. Mr. CRUZ submitted an amend- (3) President Biden should continue to and the laws and regulations related thereto.
ment intended to be proposed to amendment work with foreign governments, multilateral (c) CONGRESSIONAL OVERSIGHT, CONSULTA-
SA 1703 submitted by Ms. KLOBUCHAR (for institutions, nongovernmental organiza- TIONS, AND ACCESS TO INFORMATION.—
herself, Mrs. CAPITO, Ms. CORTEZ MASTO, and tions, manufacturers, and other stakeholders (1) INTENT TO NEGOTIATE.—If the United
Mr. SULLIVAN) and intended to be proposed to quickly identify and address, through tar- States Trade Representative enters any ne-
to the amendment SA 1502 proposed by Mr. geted and meaningful action, obstacles to gotiation pursuant to the trade policies de-
SCHUMER to the bill S. 1260, supra; which was ending the COVID–19 pandemic, whether scribed in subsection (b), the Trade Rep-
ordered to lie on the table. those obstacles are legal, regulatory, con- resentative shall—
SA 2032. Mrs. BLACKBURN submitted an tractual, or otherwise; (A) submit to Congress and publish in the
amendment intended to be proposed to (4) in any efforts to address trade-related Federal Register a statement specifying the
amendment SA 1502 proposed by Mr. SCHU- obstacles to ending the COVID–19 pandemic, objectives of the United States in pursuing
MER to the bill S. 1260, supra; which was or- President Biden should consider how any ac- the negotiation; and
dered to lie on the table. tion would complement the whole-of-govern- (B) submit to Congress an assessment of
SA 2033. Ms. KLOBUCHAR (for herself, ment approach of the President to ending how and to what extent entering the nego-
Mrs. CAPITO, Mr. SULLIVAN, and Ms. CORTEZ the COVID–19 pandemic worldwide, including tiation will achieve the trade policies de-
MASTO) submitted an amendment intended how any action would impact competitive- scribed in subsection (b).
to be proposed to amendment SA 1502 pro- ness, innovation, and the national security (2) CONSULTATION AND BRIEFING BEFORE
posed by Mr. SCHUMER to the bill S. 1260, of the United States in the short- and long- MAKING PROPOSALS.—Before making any tex-
supra; which was ordered to lie on the table. term; tual proposal pursuant to the trade policies
f (5) the President should strive to create described in subsection (b), the United States
the most appropriate balance between access Trade Representative shall—
TEXT OF AMENDMENTS to COVID–19 vaccines and therapeutics and (A) consistent with section 242 of the Trade
SA 1974. Mr. MERKLEY submitted an generating an innovative environment in the Expansion Act of 1962 (19 U.S.C. 1872), consult
amendment intended to be proposed to United States; with the heads of relevant Federal agencies,
(6) the President should take into account including the Secretary of Commerce, the
amendment SA 1502 proposed by Mr.
the efforts of malign nations or entities to Secretary of Health and Human Services,
SCHUMER to the bill S. 1260, to establish obtain intellectual property of United States and the Secretary of Defense, which shall in-
a new Directorate for Technology and persons through forced technology transfer, clude, as appropriate, discussion of—
Innovation in the National Science theft, or espionage, and accordingly make all (i) the most effective means of addressing
Foundation, to establish a regional efforts to protect that intellectual property the COVID–19 pandemic and any variants to
technology hub program, to require a from such nations or entities; and the COVID–19 virus, including by increasing
strategy and report on economic secu- (7) in any efforts to address trade-related the distribution of COVID–19 vaccines;
obstacles to ending the COVID–19 pandemic, (ii) any sensitive technology or intellec-
rity, science, research, innovation,
Congress expects timely and meaningful con- tual property rights related to the proposal;
manufacturing, and job creation, to es- (iii) any nations or entities of concern that
sultations on any negotiations and any
tablish a critical supply chain resil- agreements or decisions reached regarding may benefit from the proposal; and
iency program, and for other purposes; matters of concern to members of Congress (iv) other issues that may influence nego-
which was ordered to lie on the table; and their constituents, including issues of tiations with respect to the proposal; and
as follows: competitiveness, innovation, and national (B) brief members of the Committee on Fi-
At the end of division C, add the following: security. nance of the Senate and the Committee on
(b) TRADE POLICIES WITH RESPECT TO THE Ways and Means of the House of Representa-
TITLE VI—MISCELLANEOUS
COVID–19 PANDEMIC.— tives on the proposal, including with respect
SEC. 3601. APPEAL OF ASSIGNMENT RESTRIC- (1) IN GENERAL.—It is the policy of the to how the objectives sought by the Trade
TIONS OR PRECLUSION.
United States to facilitate an effective and Representative fit into a larger strategy of
Section 414(a) of the Department of State efficient response to the global pandemic ending the COVID–19 pandemic.
Authorities Act, Fiscal Year 2017 (22 U.S.C. with respect to COVID–19 by expediting ac- (3) CONSULTATIONS DURING NEGOTIATIONS.—
2734c(a)) is amended by adding at the end the cess to life-saving vaccines, medicines, In the course of any negotiations pursuant to
following: ‘‘Such right and process shall en- diagnostics, medical equipment, and per- the trade policies described in subsection (b),
sure that any employee subjected to an as- sonal protective equipment. the United States Trade Representative
signment restriction or preclusion shall have (2) ELEMENTS.—The United States Trade shall—
the same appeal rights as provided by the Representative shall pursue a timely, effec- (A) upon request of any Member of Con-
Department regarding denial or revocation tive, and efficient response to the trade as- gress, provide access to pertinent documents
of a security clearance. Any such appeal pects of the COVID–19 pandemic, including relating to the negotiations, including clas-
shall be resolved not later than 60 days after by endeavoring to— sified materials;
such appeal is filed.’’. (A) expedite access to medicines and life- (B) consult closely and on a timely basis
--- saving products through trade facilitation with, and keep fully apprised of the negotia-
SA 1975. Mr. WYDEN proposed an
measures; tions, the Committee on Finance of the Sen-
amendment to amendment SA 1502 pro- (B) obtain a reduction or elimination of ate and the Committee on Ways and Means
posed by Mr. SCHUMER to the bill S. nontariff barriers and distortions that im- of the House of Representatives, including by
1260, to establish a new Directorate for pact the procurement of life-saving products; providing any relevant text proposals before
Technology and Innovation in the Na- (C) take action to increase access to discussing those proposals with negotiation
tional Science Foundation, to establish COVID–19 vaccines globally, while avoiding participants;
a regional technology hub program, to providing access to intellectual property to (C) consult closely and on a timely basis
require a strategy and report on eco- nations or entities that seek to utilize the with, and keep fully apprised of the negotia-
nomic security, science, research, inno- technology for other uses or that may other- tions, the Senate Advisory Group on Nego-
wise pose a threat to national security; tiations and the House Advisory Group on
vation, manufacturing, and job cre- (D) eliminate practices that adversely af- Negotiations convened under section 104(c) of
ation, to establish a critical supply fect trade in perishable or temperature-sen- the Bipartisan Congressional Trade Prior-
chain resiliency program, and for other sitive products, and facilitate the transfer of ities and Accountability Act of 2015 (19
purposes; as follows: materials and products in a manner that pre- U.S.C. 4203(c)) and each committee of the
At the end of title III of division F, add the serves their integrity; Senate and the House of Representatives,
following: (E) further strengthen the system of inter- and each joint committee of Congress, with
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SEC. 6302. TRADE POLICY AND CONGRESSIONAL national trade and investment disciplines by jurisdiction over laws that could be affected
OVERSIGHT OF COVID–19 RESPONSE. demonstrating sufficient flexibility to re- by the negotiations; and
(a) SENSE OF CONGRESS.—It is the sense of spond to a global crisis while retaining a bal- (D) follow the guidelines on enhanced co-
Congress that— anced approach to the rights of innovators; ordination with Congress established pursu-
(1) it is imperative to promote the develop- (F) encourage greater cooperation between ant to section 104(a)(3) of the Bipartisan Con-
ment and deployment of vaccines, including the World Trade Organization and other gressional Trade Priorities and Account-
to address pandemics like the pandemic re- international organizations and public-pri- ability Act of 2015 (19 U.S.C. 4203(a)(3)) re-
lating to COVID–19 and its variants; vate partnerships, including the World garding consultations with Congress, access
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3431
to text, and public engagement for the nego- rity, science, research, innovation, Beginning on page 1071, strike line 3 and
tiations to the same extent as those guide- manufacturing, and job creation, to es- all that follows through page 1075, line 3, and
lines apply to negotiations covered under tablish a critical supply chain resil- insert the following:
that section. (8) Coordinating with relevant third coun-
iency program, and for other purposes;
(4) CONSULTATION WITH CONGRESS BEFORE tries to identify other avenues to assist the
CONCLUDING NEGOTIATIONS.—
which was ordered to lie on the table; partner country, minimize beggar-thy-neigh-
(A) CONSULTATION.—Before either reaching as follows: bor trade disruptions, and build shared
a final agreement or exercising authority At the end of subtitle A of title II of divi- awareness of and resilience to economic co-
provided under section 122(b)(3) of the Uru- sion C, add the following: ercion.
guay Round Agreements Act (19 U.S.C. SEC. 3219L. SENSE OF CONGRESS ON DEFENDING (b) INSTITUTIONAL SUPPORT.—The pilot pro-
3532(b)(3)) pursuant to the trade policies de- AUSTRALIA FROM ECONOMIC COER- gram required by subsection (a) should in-
scribed in subsection (b), the United States CION. clude the following elements:
Trade Representative shall consult with— (a) SENSE OF CONGRESS.—It is the sense of (1) Identification and designation of rel-
(i) the Committee on Finance of the Sen- Congress that— evant personnel within the United States
ate and the Committee on Ways and Means (1) the alliance between the United States Government with expertise relevant to the
of the House of Representatives; and Australia provides strategic, economic, objectives specified in subsection (a), includ-
(ii) each committee of the Senate and the and cultural value to both nations; ing personnel in—
House of Representatives, and each joint (2) the security and prosperity of each is (A) the Department of State, for over-
committee of Congress, with jurisdiction vital to the future security and prosperity of seeing the economic defense response team’s
over laws that could be affected by the both nations; activities, engaging with the partner coun-
agreement or exercise of authority; and (3) the close, longstanding cooperation be- try government and other stakeholders, and
(iii) the Senate Advisory Group on Nego- tween the United States and Australia in other purposes relevant to advancing the
tiations and the House Advisory Group on strategic and military affairs is built on success of the mission of the economic de-
Negotiations convened under section 104(c) of strong bonds of trust between the two na- fense response team;
the Bipartisan Congressional Trade Prior- tions that bolster security and stability in (B) the United States Agency for Inter-
ities and Accountability Act of 2015 (19 the Indo-Pacific; national Development, for the purposes of
U.S.C. 4203(c)). (4) Australia is currently the target of a providing technical, humanitarian, and other
(B) SCOPE.—In conducting consultation concerted campaign of economic coercion by assistance, generally;
under subparagraph (A), the Trade Rep- the People’s Republic of China aimed at pun- (C) the Department of the Treasury, for
resentative shall— ishing the government and people of one of the purposes of providing advisory support
(i) provide the text of any proposed agree- the United States’ closest allies for the exer- and assistance on all financial matters and
ment for final consideration; and cise of their sovereign, democratic rights; fiscal implications of the crisis at hand;
(ii) consult with respect to— (5) the People’s Republic of China has em- (D) the Department of Commerce, for the
(I) the nature of the agreement; and ployed similar forms of economic coercion purposes of providing economic analysis and
(II) how and to what extent the agreement against other countries on many other occa- assistance in market development relevant
will achieve the trade policies described in sions, not only within the Indo-Pacific but to the partner country’s response to the cri-
subsection (b). around the world; sis at hand, technology security as appro-
(d) DEFINITIONS.—In this section, the terms (6) such a campaign, if successful, has the priate, and other matters that may be rel-
‘‘World Trade Organization’’, ‘‘WTO’’, and potential to undermine the sovereignty of evant;
‘‘WTO member’’ have the meanings given Australia and the ability of the Government (E) the Department of Energy, for the pur-
those terms in section 2 of the Uruguay of Australia to act in concert with the poses of providing advisory services and
Round Agreements Act (19 U.S.C. 3501). United States toward the shared goal of a technical assistance with respect to energy
free and open Indo-Pacific; and needs as affected by the crisis at hand;
SA 1976. Mr. MERKLEY submitted an
(7) the routine use of economic coercion by (F) the Department of Homeland Security,
amendment intended to be proposed to the People’s Republic of China against Aus- for the purposes of providing assistance with
amendment SA 1502 proposed by Mr. tralia and other countries undermines those respect to digital and cybersecurity matters,
SCHUMER to the bill S. 1260, to establish countries’ ability to speak or act in defense and assisting in the development of any con-
a new Directorate for Technology and of their own sovereignty, democratic values, tingency plans referred to in paragraphs (3)
Innovation in the National Science and human rights, and is therefore a threat and (6) of subsection (a) as appropriate;
Foundation, to establish a regional to a free and open global order. (G) the Department of Agriculture, for pro-
technology hub program, to require a (b) STATEMENT OF POLICY.—It shall be the viding advisory and other assistance with re-
strategy and report on economic secu- policy of the United States— spect to responding to coercive measures
(1) to stand with Australia in its moment such as arbitrary market closures that affect
rity, science, research, innovation,
of need, providing relevant support to the the partner country’s agricultural sector;
manufacturing, and job creation, to es- Government and people of Australia to miti- (H) the Office of the United States Trade
tablish a critical supply chain resil- gate the costs of economic coercion by the Representative with respect to providing
iency program, and for other purposes; People’s Republic of China to the greatest support and guidance on trade and invest-
which was ordered to lie on the table; extent possible; ment matters; and
as follows: (2) to work with the Government of Aus- (I) other Federal departments and agencies
On page 712, strike lines 12 through 17 and tralia and other allies and partners to co- as determined by the President.
insert the following: ordinate collective, cooperative responses to (2) Negotiation of memoranda of under-
(4) the United States Government and both threatened and actual instances of eco- standing, where appropriate, with other
other governments around the world must nomic coercion by the People’s Republic of United States Government components for
actively oppose racism and intolerance, and China; and the provision of any relevant participating
use all available and appropriate tools to (3) to devise a strategy to guide the imple- or detailed non-Department of State per-
combat the spread of anti-Asian racism and mentation of such responses, and to put in sonnel identified under paragraph (1).
discrimination; place the appropriate personnel, mecha- (3) Negotiation of contracts, as appro-
(5) the United States Government should nisms, and collective structures to facility priate, with private sector representatives or
not restrict the career opportunities of its their effectiveness. other individuals with relevant expertise to
employees on the basis of race, color, reli- advance the objectives specified in sub-
gion, sex, national origin, disability, or age; SA 1978. Mr. MERKLEY submitted an section (a).
and amendment intended to be proposed to (4) Development within the United States
(6) the Department of State should expand Government of—
amendment SA 1502 proposed by Mr.
the appeals process it makes available to (A) appropriate training curricula for rel-
SCHUMER to the bill S. 1260, to establish evant experts identified under paragraph (1)
employees related to assignment restrictions
and preclusions. a new Directorate for Technology and and for United States diplomatic personnel
Innovation in the National Science in a country actually or potentially threat-
SA 1977. Mr. MERKLEY submitted an Foundation, to establish a regional ened by coercive economic measures;
amendment intended to be proposed to technology hub program, to require a (B) operational procedures and appropriate
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amendment SA 1502 proposed by Mr. strategy and report on economic secu- protocols for the rapid assembly of such ex-
SCHUMER to the bill S. 1260, to establish rity, science, research, innovation, perts into one or more teams for deployment
to a country actually or potentially threat-
a new Directorate for Technology and manufacturing, and job creation, to es-
ened by coercive economic measures; and
Innovation in the National Science tablish a critical supply chain resil- (C) procedures for ensuring appropriate
Foundation, to establish a regional iency program, and for other purposes; support for such teams when serving in a
technology hub program, to require a which was ordered to lie on the table; country actually or potentially threatened
strategy and report on economic secu- as follows: by coercive economic measures, including, as
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S3432 CONGRESSIONAL RECORD — SENATE May 25, 2021
applicable, logistical assistance, office space, insert ‘‘(or an institution of higher education strategy and report on economic secu-
information support, and communications. with an established STEM capacity building rity, science, research, innovation,
(5) Negotiation with relevant potential program focused on Native Hawaiians and manufacturing, and job creation, to es-
host countries of procedures and methods for Alaska Natives);’’. tablish a critical supply chain resil-
ensuring the rapid and effective deployment On page 72, beginning on line 20, strike
of such teams, and the establishment of ap- ‘‘(or’’ and all that follows through line 24 and iency program, and for other purposes;
propriate liaison relationships with local insert ‘‘(or an institution of higher education which was ordered to lie on the table;
public and private sector officials and enti- with an established STEM capacity building as follows:
ties. program focused on Native Hawaiians and Strike section 6122 and insert the fol-
(c) REPORTS REQUIRED.— Alaska Natives);’’. lowing:
(1) REPORT ON ESTABLISHMENT.—Upon es- On page 88, strike lines 4 through 12 and in- SEC. 6122. LIMITATIONS ON CERTAIN HIGHER
tablishment of the pilot program required by sert the following: EDUCATION ACT GRANT FUNDING
subsection (a), the Secretary of State shall (i) a historically Black college or univer- FOR INSTITUTIONS OF HIGHER EDU-
sity which is a part B institution (as defined CATION WITH CONFUCIUS INSTI-
provide the appropriate committees of Con- TUTES.
gress with a detailed report and briefing de- in section 322 of the Higher Education Act of
(a) DEFINITIONS.—In this section—
scribing the pilot program, the major ele- 1965 (20 U.S.C. 1061));
(1) the term ‘‘Confucius Institute’’ means a
ments of the program, the personnel and in- (ii) a Hispanic-serving institution (as de-
cultural institute established as a partner-
stitutions involved, and the degree to which fined in section 502 of the Higher Education
ship between a United States institution of
the program incorporates the elements de- Act of 1965 (20 U.S.C. 1101a));
higher education and a Chinese institution of
scribed in subsection (a). (iii) a Tribal College or University (as de-
higher education to promote and teach Chi-
(2) FOLLOW-UP REPORT AND STRATEGY.—Not fined in section 316 of the Higher Education
nese language and culture that is funded, di-
later than one year after the report required Act of 1965 (20 U.S.C. 1059c)); rectly or indirectly, by the Government of
by paragraph (1), the Secretary of State shall (iv) an Alaska Native-serving institution the People’s Republic of China; and
provide the appropriate committees of Con- or a Native Hawaiian-serving institution (as (2) the term ‘‘institution of higher edu-
gress with— defined in section 317(b) of the Higher Edu- cation’’ has the meaning given that term in
(A) a detailed report and briefing describ- cation Act of 1965 (20 U.S.C. 1059d(b))); section 102 of the Higher Education Act of
ing the operations over the previous year of (v) a Predominantly Black Institution (as 1965 (20 U.S.C. 1002).
the pilot program established pursuant to defined in section 371(c) of the Higher Edu- (b) RESTRICTIONS OF CONFUCIUS INSTI-
subsection (a), as well as the Secretary’s as- cation Act of 1965 (20 U.S.C. 1067q(c))); TUTES.—Except as provided in subsection (d),
sessment of its performance and suitability (vi) an Asian American and Native Amer- an institution of higher education that
for becoming a permanent program; and ican Pacific Islander-serving institution (as maintains a contract or agreement between
(B) a strategy for building shared resil- defined in Section 371(c) of the Higher Edu- the institution and a Confucius Institute
ience to economic coercion among partners cation Act of 1965); shall not be eligible to receive Federal funds
that includes steps that could be taken in (vii) a Native American-serving nontribal provided under the Higher Education Act of
addition to or instead of such pilot program. institution (as defined in Section 371(c) of 1965 (20 U.S.C. 1001 et seq.), except for funds
the Higher Education Act of 1965); or provided under title IV of such Act, unless
SA 1979. Mr. MERKLEY submitted an (viii) an institution of higher education the Secretary of Education, after consulta-
amendment intended to be proposed to with an established STEM capacity building tion with the National Academies of Science,
amendment SA 1502 proposed by Mr. program focused on Native Hawaiians and Engineering, and Medicine, determines a
SCHUMER to the bill S. 1260, to establish Alaska Natives; and waiver of this subsection is appropriate, in
a new Directorate for Technology and On page 110, beginning on line 9, strike ‘‘in- accordance with subsection (c).
stitutions of higher education’’ and all that (c) CONFUCIUS INSTITUTE CONTRACTS OR
Innovation in the National Science follows through ‘‘Indians’’ on line 13 and in- AGREEMENTS.—The Secretary of Education,
Foundation, to establish a regional sert ‘‘institutions of higher education with after consultation with the National Acad-
technology hub program, to require a an established STEM capacity building pro- emies of Science, Engineering, and Medicine,
strategy and report on economic secu- gram focused on Native Hawaiians and Alas- may issue a waiver of subsection (b) for an
rity, science, research, innovation, ka Natives,’’. institution of higher education that main-
manufacturing, and job creation, to es- Beginning on page 111, on line 25, strike tains a contract or agreement between such
tablish a critical supply chain resil- ‘‘(or’’ and all that follows through line 4 on institution of higher education and a Confu-
iency program, and for other purposes; page 112 and insert ‘‘(or institutions of high- cius Institute, and publishes such waiver on
er education with an established STEM ca- the website of the Department of Education,
which was ordered to lie on the table; if—
pacity building program focused on Native
as follows: (1) the contract or agreement includes
Hawaiians and Alaska Natives);’’.
At the end of title III of division C, add the On page 137, beginning on line 1, strike ‘‘or clear provisions that—
following: an institution’’ and all that follows through (A) protect academic freedom at the insti-
SEC. 3314. SENSE OF CONGRESS ON THE XXIV line 5 and insert ‘‘or an institution of higher tution;
OLYMPIC WINTER GAMES AND THE (B) prohibit the application of any foreign
education with an established STEM capac-
XIII PARALYMPIC WINTER GAMES.
ity building program focused on Native Ha- law on any campus of the institution; and
It is the sense of Congress that the Inter- (C) grant full managerial authority of the
waiians and Alaska Natives).’’.
national Olympic Committee should relocate Confucius Institute to the institution, in-
On page 184, beginning on line 6, strike
the XXIV Olympic Winter Games and XIII
‘‘(or’’ and all that follows through ‘‘Indi- cluding full control over what is being
Paralympic Winter Games due to the crimes
ans)’’ on line 10 and insert ‘‘(or an institu- taught, the activities carried out, the re-
against humanity and other serious viola-
tion of higher education with an established search grants that are made, and who is em-
tions of human rights committed by the Peo-
STEM capacity building program focused on ployed at the Confucius Institute; and
ple’s Republic of China in mainland China,
the Xinjiang Uyghur Autonomous Region, Native Hawaiians and Alaska Natives)’’. (2) the institution makes available for pub-
On page 207, beginning on line 14, strike lic inspection—
Hong Kong, the Tibet Autonomous Region
and other Tibetan areas, the Inner Mongolia ‘‘(and’’ and all the follows through ‘‘Indi- (A) a true copy of the contract or agree-
Autonomous Region, and elsewhere. ans)’’ on line 18 and insert ‘‘(and institutions ment between the institution and the Confu-
of higher education with an established cius Institute; and
SA 1980. Mr. WARNOCK submitted an STEM capacity building program focused on (B) a translation in English of the contract
amendment intended to be proposed to Native Hawaiians and Alaska Natives)’’. or agreement between the institution and
Beginning on page 207, on line 22, strike the Confucius Institute that is certified by a
amendment SA 1502 proposed by Mr. ‘‘(and’’ and all that follows through line 2 on third party translator.
SCHUMER to the bill S. 1260, to establish page 208 and insert ‘‘(and institutions of (d) SPECIAL RULE.—Notwithstanding any
a new Directorate for Technology and higher education with an established STEM other provision of this section, this section
Innovation in the National Science capacity building program focused on Native shall not apply to an institution of higher
Foundation, to establish a regional Hawaiians and Alaska Natives).’’. education that maintains a contract or
technology hub program, to require a agreement between the institution and a
strategy and report on economic secu- SA 1981. Mrs. MURRAY (for herself Confucius Institute, if the institution—
and Mr. BURR) submitted an amend- (1) has made available for public inspec-
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rity, science, research, innovation,
manufacturing, and job creation, to es- ment intended to be proposed to tion—
amendment SA 1502 proposed by Mr. (A) a true copy of the contract or agree-
tablish a critical supply chain resil- ment between the institution and the Confu-
iency program, and for other purposes; SCHUMER to the bill S. 1260, to establish
cius Institute; and
which was ordered to lie on the table; a new Directorate for Technology and (B) a translation in English of the contract
as follows: Innovation in the National Science or agreement between the institution and
On page 68, beginning on line 2, strike Foundation, to establish a regional the Confucius Institute that is certified by a
‘‘(or’’ and all that follows through line 8 and technology hub program, to require a third party translator; and
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3433
(2) has fulfilled the requirements for a chains from foreign countries and back to process for registering each United States
waiver from— the United States; and business that seeks access to the online tool-
(A) the Department of Defense as described (3) to facilitate understanding of the impli- kit. In registering a United States business
under section 1062 of the National Defense cations of economic, public health, and na- under this subparagraph, the Secretary shall
Authorization Act for Fiscal Year 2021 (Pub- tional security vulnerabilities in the United verify the identity of the business and that
lic Law 116-283); or States supply chain. the business is not a foreign entity.
(B) the Director of the National Science SEC. 6403. PILOT PROGRAM ON ONLINE TOOLKIT (3) FORMAT; PUBLIC AVAILABILITY.—The
Foundation in accordance with section 2525. AND DATABASE ON AGGREGATED Secretary shall ensure that the online tool-
(e) SUNSET.—This section shall cease to be DEMAND MAPPING AND SUPPLY kit described in paragraph (1) is—
effective on the date that is 5 years after the CHAINS FOR UNITED STATES BUSI- (A) searchable and filterable according to
NESSES.
date of enactment of this Act. the type of information; and
(a) DETERMINATION OF TARGET INDUS- (B) presented in a user-friendly format.
SA 1982. Mr. YOUNG submitted an TRIES.— (d) DATABASE.—
amendment intended to be proposed to (1) IN GENERAL.—Not later than 90 days (1) IN GENERAL.—The database described in
after the date of the enactment of this Act, this subsection is a database—
amendment SA 1502 proposed by Mr. the Secretary shall identify 3 industries in
SCHUMER to the bill S. 1260, to establish (A) containing information—
the United States in which supply chain (i) described in subsection (c) voluntarily
a new Directorate for Technology and vulnerabilities exist related to the national submitted by United States businesses di-
Innovation in the National Science security, economic security, or public health rectly related to a target industry; and
Foundation, to establish a regional of the United States. (ii)(I) with respect to which such busi-
technology hub program, to require a (2) CONSULTATIONS.—The Secretary may nesses have specified under subsection
strategy and report on economic secu- consult with the heads of other agencies in (e)(1)(A)(ii) that the information is private
rity, science, research, innovation, identifying the 3 target industries under and authorized to be shared only with the
paragraph (1). Department of Commerce for purposes of the
manufacturing, and job creation, to es- (b) PILOT PROGRAM FOR DEVELOPMENT OF
tablish a critical supply chain resil- analysis of supply chain vulnerabilities
ONLINE TOOLKIT AND DATABASE.—Not later
iency program, and for other purposes; under section 6405; or
than one year after the date of the enact-
(II) treated as private and confidential
which was ordered to lie on the table; ment of this Act, the Secretary of Commerce
under subsection (e)(1)(B); and
as follows: shall carry out a pilot program to develop—
(1) an online toolkit described in sub- (B) available only to senior officials of the
In section 3209(c)(2), strike ‘‘and the Sec- Department of Commerce for purposes of
retary of the Treasury’’ and insert ‘‘, the section (c); and
(2) a private and confidential database de- conducting that analysis.
Secretary of the Treasury, the Director of (2) PROHIBITION ON ACCESS.—The Secretary
the National Science Foundation, and the scribed in subsection (d).
(c) ONLINE TOOLKIT.— shall prohibit any private entity from re-
Secretary of Energy’’. questing or receiving information included
(1) IN GENERAL.—The online toolkit de-
scribed in this subsection is a mechanism in the database described in paragraph (1).
SA 1983. Mr. YOUNG submitted an (3) SECURITY.—The Secretary shall make
amendment intended to be proposed to under which—
(A) United States businesses directly re- every reasonable effort to ensure the secu-
amendment SA 1502 proposed by Mr. lated to a target industry voluntarily submit rity and integrity of all information stored
SCHUMER to the bill S. 1260, to establish to the Secretary information, subject to sub- within the database described in paragraph
a new Directorate for Technology and section (e), on the products produced by such (1) and to safeguard the database against
Innovation in the National Science businesses and the inputs required for such cyberattacks.
Foundation, to establish a regional products, which may include, with respect to (e) CONFIDENTIALITY OF INFORMATION.—
technology hub program, to require a such an input— (1) RESTRICTION OF SHARING OF INFORMATION
(i) the specific geographic location of the BY UNITED STATES BUSINESSES.—The Sec-
strategy and report on economic secu- retary shall ensure that, in submitting infor-
rity, science, research, innovation, production of the input, including if the
input is sourced from the United States or a mation to the Secretary under this section—
manufacturing, and job creation, to es- foreign country; (A) a United States business is able to
tablish a critical supply chain resil- (ii) the business name of a supplier of the specify—
iency program, and for other purposes; input; (i) what information may be shared with
which was ordered to lie on the table; (iii) information related to perceived or re- other United States businesses, including
as follows: alized challenges in securing the input; what information may be searchable by
At the end of division F, add the following: (iv) information related to the suspected other businesses seeking to obtain informa-
vulnerabilities or implications of a disrup- tion on inputs for their products produced in
TITLE IV—AGGREGATED DEMAND
tion in securing the input, whether related the United States;
MAPPING AND SUPPLY CHAINS
to national security or the effect on the (ii) what information should be private and
SEC. 6401. DEFINITIONS. shared only with the Department of Com-
United States business; or
In this title: (v) in the case of an input sourced from a merce for purposes of the analysis of supply
(1) APPROPRIATE CONGRESSIONAL COMMIT- foreign country, information on— chain vulnerabilities under section 6405; and
TEES.—The term ‘‘appropriate congressional (iii) what information is business confiden-
(I) why the input is sourced from a foreign
committees’’ means— country rather than in the United States; tial or otherwise proprietary in nature and
(A) the Committee on Finance and the and may be restricted in its dissemination to
Committee on Commerce, Science, and (II) if the United States business would be Congress in accordance with paragraph (2);
Transportation of the Senate; and interested in identifying an alternative pro- and
(B) the Committee on Ways and Means and duced in the United States; (B) if a United States business does not
the Committee on Energy and Commerce of (B) United States businesses may opt in to specify under subparagraph (A) how the in-
the House of Representatives. requesting and receiving contact informa- formation may be shared, that information
(2) INPUT.—The term ‘‘input’’— tion or general information about a United is treated as private and confidential.
(A) means a natural resource, raw mate- States source or a foreign source for an (2) EXEMPTION FROM PUBLIC DISCLOSURE.—
rial, or human resource used to construct a input; and Information submitted to the Secretary in
finished product or other good; and (C) the Secretary makes information pro- relation to the online toolkit and database
(B) may be comprised of one or more com- vided under this subsection available, sub- established under this section—
ponents. ject to the requirements of subsection (e), to (A) may not be considered public records
(3) SECRETARY.—The term ‘‘Secretary’’ enable other United States businesses to and shall be exempt from any Federal law re-
means the Secretary of Commerce. identify inputs for their products produced lating to public disclosure requirements; and
(4) TARGET INDUSTRY.—The term ‘‘target in the United States. (B) may not be subject to discovery or ad-
industry’’ means an industry identified (2) RESTRICTIONS ON ACCESS TO ONLINE mission as public information or evidence in
under section 6403(a). TOOLKIT.— judicial or administrative proceedings with-
(5) UNITED STATES BUSINESS.—The term (A) IN GENERAL.—The Secretary— out the consent of the United States busi-
‘‘United States business’’ means a business (i) shall ensure that the online toolkit de- ness that submitted the information.
that has a primary headquarters located in a scribed in paragraph (1) is accessible only by
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(f) VERIFICATION OF INFORMATION.—The
State or territory of the United States. United States businesses registered with the Secretary shall establish a process for
SEC. 6402. PURPOSES. Department of Commerce under subpara- verifying the accuracy of information sub-
The purposes of this title are— graph (B); and mitted to the Secretary under this section.
(1) to reduce reliance on foreign manufac- (ii) may determine the scope of the access (g) REPORTING.—
turing, boost United States job opportuni- of a United States business described in sub- (1) REPORT TO CONGRESS.—
ties, and support domestic manufacturing; paragraph (A) to the online toolkit. (A) IN GENERAL.—Not later than 18 months
(2) to provide transparency and assistance (B) REGISTRATION OF UNITED STATES BUSI- after the date of the enactment of this Act,
to manufacturers in order to divert supply NESSES.—The Secretary shall establish a and every 180 days thereafter, the Secretary
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S3434 CONGRESSIONAL RECORD — SENATE May 25, 2021
shall submit to the appropriate congres- SEC. 6404. NATIONAL PUBLIC OUTREACH CAM- each of fiscal years 2022 through 2024 for ef-
sional committees a report that includes— PAIGN. forts relating to collecting and protecting
(i) an assessment of the pilot program car- (a) IN GENERAL.—The Secretary shall carry information, and modernizing the tech-
ried out under this section, including statis- out a national public outreach campaign— nology infrastructure of the Department of
tics regarding the number of new entries, (1) to educate United States businesses Commerce.
total businesses involvement, and any about the existence of the online toolkit and SEC. 6408. TERMINATION.
database established under section 6403; and
change in participation rate in the online This title shall terminate on September 30,
(2) to facilitate and encourage the partici-
toolkit and database during the preceding 2026.
pation of such businesses in the online tool-
180-day period;
kit and database.
---
(ii) recommendations for additional ac- (b) OUTREACH REQUIREMENT.—In carrying SA 1984. Mr. RUBIO submitted an
tions to improve the online toolkit and data- out the campaign under subsection (a), the amendment intended to be proposed to
base and participation in the online toolkit Secretary shall— amendment SA 1502 proposed by Mr.
and database; and (1) establish an advertising and outreach SCHUMER to the bill S. 1260, to establish
(iii) such other information as the Sec- program directed to businesses, industries, a new Directorate for Technology and
retary considers appropriate. State and local agencies, chambers of com- Innovation in the National Science
(B) FORM.—Each report required by sub- merce, and labor organizations—
paragraph (A) shall be submitted in unclassi- Foundation, to establish a regional
(A) to facilitate understanding of the value
fied form but may include a classified annex. of an aggregated demand mapping system;
technology hub program, to require a
(2) PUBLIC REPORT.— and strategy and report on economic secu-
(A) IN GENERAL.—Not later than 18 months (B) to advertise that the online toolkit de- rity, science, research, innovation,
after the date of the enactment of this Act, scribed in section 6403(c) is available for that manufacturing, and job creation, to es-
and annually thereafter, the Secretary shall purpose; tablish a critical supply chain resil-
post on a publicly available website of the (2) notify appropriate State agencies not iency program, and for other purposes;
Department of Commerce a report that, ex- later than 10 days after the date of the enact- which was ordered to lie on the table;
cept as provided by subparagraph (B), in- ment of this Act regarding the development as follows:
cludes— of the online toolkit; and
(i) general statistics related to foreign and (3) post a notice on a publicly available At the appropriate place in title II of divi-
domestic sourcing of inputs used by United website of the Department of Commerce and sion E, insert the following:
States businesses; establish a social media awareness campaign SEC. 52ll. SHAREHOLDER NATIONAL SECURITY
(ii) an estimate of the percentage of total AWARENESS.
to advertise the online toolkit.
inputs used by United States businesses ob- (c) COORDINATION.—In carrying out the (a) SHORT TITLE.—This section may be
tained from foreign countries; campaign under subsection (a), the Sec- cited as the ‘‘Shareholder National Security
(iii) data on such inputs disaggregated by retary may coordinate with other Federal Awareness Act of 2021’’.
industry, geographical location, and size of agencies and State or local agencies as ap- (b) FINDINGS.—Congress finds the fol-
operation; and propriate. lowing:
(iv) a description of the methodology used (d) AUTHORIZATION OF APPROPRIATIONS.— (1) The national security of the United
to calculate the statistics and estimates de- There are authorized to be appropriated to States is a necessary condition for the ad-
the Secretary $8,000,000 for each of fiscal vancement of the national public interest,
scribed in this subparagraph.
years 2022 through 2024 to carry out this sec- the general welfare, and the volume of credit
(B) INSUFFICIENT INFORMATION.—If the Sec-
tion. available for trade, industry, and transpor-
retary determines that insufficient informa- (e) SEPARATE ACCOUNTING.—
tion was submitted by United States busi- tation, which form the bases for the neces-
(1) BUDGETARY LINE ITEM.—The Secretary sity of the regulation of transactions in se-
nesses under this section to generate the sta- shall include in the budget justification ma-
tistics and estimates described in subpara- curities, as described in section 2 of the Se-
terials submitted to Congress in support of curities Exchange Act of 1934 (15 U.S.C. 78b).
graph (A), the Secretary may (subject to sub- the Department of Commerce budget for fis- (2) Transactions in securities may ad-
section (e)) determine what information is cal years 2023 and 2024 (as submitted with the versely affect the national security of the
appropriate to make available to the public budget of the President under section 1105(a) United States in a manner that is analogous
under this paragraph. of title 31, United States Code) specific iden- to the circumstances described in paragraphs
(C) CONSULTATIONS.—The Secretary shall tification, as a budgetary line item, of the (3) and (4) of section 2 of the Securities Ex-
consult with the Secretary of Defense, the amounts required to carry out the campaign change Act of 1934 (15 U.S.C. 78b), which
Secretary of Homeland Security, and the Di- under subsection (a). state that the unreasonable expansion and
rector of National Intelligence in drafting (2) PROHIBITION ON COMMINGLING.—Amounts contraction of the volume of credit is caused
the report required by subparagraph (A) to appropriated to carry out this section may by the susceptibility of the prices of securi-
ensure that no sensitive information will be not be commingled with any other amounts ties to manipulation and control, excessive
included in the report. appropriated to the Department of Com- speculation, and sudden and unreasonable
(h) APPLICABILITY OF OTHER LAWS.—The merce. fluctuations.
Secretary shall carry out this section in ac- SEC. 6405. ANALYSIS OF SUPPLY CHAIN (3) In the case of the national security of
VULNERABILITIES. the United States, the susceptibility of the
cordance with the following provisions of
The Secretary shall use the information in prices of securities to manipulation and con-
law: the database described in section 6403(d) to
(1) Subchapter I of chapter 35 of title 44, trol, excessive speculation, and sudden and
identify and analyze vulnerabilities in the unreasonable fluctuations may create busi-
United States Code (commonly referred to as United States supply chains of the target in-
the ‘‘Paperwork Reduction Act’’). ness financing conditions that prevent,
dustries that will result in a threat, if dis- erode, or cause the abandonment of long-
(2) Section 552a of title 5, United States rupted, to the national security, economic
Code (commonly referred to as the ‘‘Privacy term investment that is necessary for the
security, or public health of the United
Act of 1974’’). formation, development, and maintenance of
States.
(3) Section 1905 of title 18, United States capital assets that perform functions that
SEC. 6406. USE OF DEPARTMENT OF COMMERCE
Code (commonly referred to as the ‘‘Trade RESOURCES.
are essential to the national security of the
Secrets Act’’). United States by—
(a) IN GENERAL.—The Secretary—
(A) undervaluing those capital assets rel-
(i) AUTHORIZATION OF APPROPRIATIONS.— (1) shall, to the maximum extent prac-
ative to their necessity to the United States;
(1) INITIAL FUNDING.—There are authorized ticable, construct the online toolkit and
and
to be appropriated to the Secretary database established under section 6403, and
(B) overvaluing transactions that would re-
$12,000,000 for fiscal year 2022— related analytical features, using expertise
duce, downsize, outsource, or offshore the op-
(A) for the establishment of the online within the Department of Commerce; and
eration of those capital assets.
toolkit and database under this section; and (2) may, as appropriate, adopt new tech-
(4) In the report to Congress required under
(B) for the salaries and expenses of addi- nologies and hire additional employees to
section 2504 of title 10, United States Code,
tional staff to carry out this section. carry out this title.
(b) MINIMIZATION OF CONTRACTING.—If the with respect to fiscal year 2020, the Depart-
(2) ONGOING FUNDING.—There are author- ment of Defense stated that ‘‘a U.S. business
activities described in paragraphs (1) and (2)
ized to be appropriated to the Secretary climate that has favored short-term share-
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of subsection (a) cannot be completed with-
$2,000,000 for each of fiscal years 2023 and 2024 out the employment of contractors, the Sec- holder earnings . . . [has] severely damaged
to carry out this section. retary should seek to minimize the number America’s ability to arm itself today and in
(3) RETURN OF FUNDS.—The Secretary shall of contractors and the scope of the contract. the future’’.
return to the Treasury any funds appro- SEC. 6407. AUTHORIZATION OF APPROPRIATIONS (5) The susceptibility of the prices of secu-
priated pursuant to an authorization of ap- FOR CYBERSECURITY INFRASTRUC- rities to manipulation and control, excessive
propriations under this subsection that have TURE. speculation, and sudden and unreasonable
not been obligated by the end of the fiscal There are authorized to be appropriated to fluctuations establishes, with respect to cap-
year for which the funds were appropriated. the Secretary of Commerce $5,000,000 for ital assets that are essential to the national
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3435
security of the United States, a justification Shareholder National Security Awareness (II) consult with the Committee before
for providing shareholders with greater in- Act of 2021, within the United States or any taking any material actions under paragraph
formation regarding the possible adverse ef- territory or possession of the United (4).
fects of certain transactions on the national States.’’; (4) DUTIES.—
security of the United States in order to im- (B) in paragraph (6)(D), by inserting ‘‘, ex- (A) REVIEW OF SHARE OWNERSHIP DISCLO-
prove the stability, quality, and informa- cept that this subparagraph shall not apply SURE AND SHAREHOLDER PROPOSALS.—Not
tional efficiency of the market for those cap- with respect to an acquisition or proposed later than 45 days after the date on which
ital assets. acquisition to which paragraph (1)(F) ap- the Commission refers a matter to the Com-
(c) DEFINITIONS.—In this section: plies’’ after ‘‘purposes of this subsection’’; mittee under subsection (f), the Committee
(1) CAUSE.—The term ‘‘cause’’ means to di- and shall—
rectly or indirectly cause. (C) by adding at the end the following: (i) conduct a review to determine, based on
(2) COMMISSION.—The term ‘‘Commission’’ ‘‘(7) With respect to a person that has a a written, risk-based analysis, whether the
means the Securities and Exchange Commis- plan or proposal described in paragraph plan or proposal that is the subject of the re-
sion. (1)(F), this subsection shall be applied by ferred matter would be reasonably expected
(3) COMMITTEE.—The term ‘‘Committee’’ substituting ‘2.5 per centum’ for ‘5 per cen- to, if implemented, cause a material reduc-
means the Committee for the Assessment of tum’ each place that term appears.’’. tion to the operation by the applicable issuer
National Security in Corporate Governance (2) RULEMAKING.—Not later than 1 year of a national security asset within the
established under subsection (g). after the date of enactment of this Act, the United States; and
(4) COVERED PROVISION.—The term ‘‘covered Commission shall amend section 240.13d–101 (ii) communicate to the Commission any
provision’’ means subparagraph (F) of sec- of title 17, Code of Federal Regulations, or determination made by the Committee under
tion 13(d)(1) of the Securities Exchange Act any successor regulation, to ensure that clause (i).
of 1934 (15 U.S.C. 78m(d)(1)), as added by sub- such section is consistent with the covered (B) COMMUNICATION.—The Committee
section (d)(1) of this section. provision. may—
(5) ISSUER.—The term ‘‘issuer’’ means an (e) RULEMAKINGS REGARDING REVIEW OF (i) communicate directly with any person
issuer with a class of securities registered THE EFFECT OF PROXY SOLICITATIONS AND that is the subject of a review under this
pursuant to section 12 of the Securities Ex- PROPOSALS ON NATIONAL SECURITY ASSETS.— paragraph; and
change Act of 1934 (15 U.S.C. 78l). Not later than 2 years after the date of en- (ii) submit to any person described in
(6) NATIONAL SECURITY ASSET.—The term actment of this Act, the Commission shall— clause (i) any questions or requests for infor-
‘‘national security asset’’— (1) amend section 240.14a–2(b)(1)(vi) of title mation to establish facts necessary to con-
(A) means an asset, the material reduction 17, Code of Federal Regulations, or any suc- duct a review described in that clause.
in the operation, the impairment, or the loss cessor regulation, to provide that a person (C) TOTALITY OF THE CIRCUMSTANCES.—In
of which would harm the national security of that is required to file a statement described making any determination under this para-
the United States; and in the covered provision is included as a per- graph regarding whether a plan or proposal
(B) includes— son described in such section 240.14a– would reasonably be expected to, if imple-
(i) any critical component, critical infra- 2(b)(1)(vi); and mented, cause a material reduction to the
structure, critical technology, critical tech- (2) issue rules that permit an issuer to ex- operation by the issuer of a national security
nology item, and industrial resources, as clude from any proxy statement supplied by asset, the Committee may consider any of
those terms are defined in section 702 of the the issuer any shareholder proposal that the following:
Defense Production Act of 1950 (50 U.S.C. would be reasonably expected to, if imple- (i) The totality of the circumstances with
4552); mented, cause a material reduction to the respect to the plan or proposal, including—
(ii) critical infrastructure and critical operation by the issuer of a national security (I) consideration of whether, in taking a
technologies, as those terms are defined in asset. separate action, the person to which the de-
paragraphs (5) and (6) of section 721(a) of the (f) REFERRAL TO COMMITTEE.—With respect termination applies is—
Defense Production Act of 1950 (50 U.S.C. to any material reviewed, or determination (aa) planning or proposing a material in-
4565(a)), respectively; required to be made, by the Commission crease with respect to the operation of the
(iii) any intellectual property, or asset de- under a rule issued or amended under sub- applicable national security asset or any
veloped using intellectual property, that is section (d)(2) or (e), the Commission may other national security asset; or
developed through any program that has re- refer the matter to the Committee, which (bb) creating or developing any new asset
ceived funding, or that is authorized, under shall review the matter in a manner that is relating to the national security of the
this Act; and consistent with the requirements of sub- United States that would offset the material
(iv) any facility or equipment developed section (g). reduction with respect to the operation of
through the program established under sec- (g) COMMITTEE FOR THE ASSESSMENT OF NA- the national security asset; and
tion 9902 of the William M. (Mac) Thornberry TIONAL SECURITY IN CORPORATE GOVERN- (II) whether that material reduction is
National Defense Authorization Act for Fis- ANCE.— caused by—
cal Year 2021 (Public Law 116–283). (1) ESTABLISHMENT.—There is established (aa) any sale of, or other disposition of
(7) SHAREHOLDER PROPOSAL.—The term the Committee for the Assessment of Na- (whether in a single transaction or a series
‘‘shareholder proposal’’ means a proposal by tional Security in Corporate Governance, the of transactions) assets or capital stock;
a shareholder that the applicable issuer is re- primary objective of which shall be to assist (bb) any merger, consolidation, joint ven-
quired to include in the proxy statement of the Commission in the review by the Com- ture, partnership, spin-off, reverse spin-off,
the issuer under section 240.14a–8 of title 17, mission of matters relating to national secu- dissolution, restructuring, recapitalization,
Code of Federal Regulations, as in effect on rity, including the covered provision and liquidation, or any other business combina-
the date of enactment of this Act. matters relating to any rule issued or tion or strategic transaction; or
(8) WITHIN THE UNITED STATES.—The term amended under subsection (d)(2) or (e). (cc) any other transaction or event the
‘‘within the United States’’ means within (2) COMPOSITION.—The Committee shall be Committee determines appropriate.
the United States or any territory or posses- composed of the following members: (ii) The totality of the circumstances with
sion of the United States. (A) The Secretary of Defense. respect to the operation of the national secu-
(d) DISCLOSURE OF SHARE OWNERSHIP WITH (B) The Attorney General. rity asset, including—
RESPECT TO PLANS OR PROPOSALS AFFECTING (C) The Secretary of Homeland Security. (I) the amount of time in operation of the
NATIONAL SECURITY ASSETS.— (D) The Secretary of Commerce. applicable asset;
(1) IN GENERAL.—Section 13(d) of the Secu- (E) The United States Trade Representa- (II) the number, amount, or quality of in-
rities Exchange Act of 1934 (15 U.S.C. 78m(d)) tive. puts, whether from labor, energy, or other
is amended— (F) The Secretary of State. sources, contributing to the operation of the
(A) in paragraph (1)— (3) CHAIR.— applicable asset;
(i) in the matter preceding subparagraph (A) IN GENERAL.—The Attorney General (III) the number, amount, or quality of
(A), by striking ‘‘Any person who’’ and in- shall serve as Chair of the Committee. outputs, whether in the form of labor, com-
serting ‘‘Subject to paragraph (7), any person (B) DUTIES OF THE CHAIR.—The Chair ponents, or end-use products, that result
who’’; shall— from the operation of the applicable asset;
(ii) in subparagraph (D), by striking ‘‘and’’ (i) except as otherwise provided by this and
at the end; section, or the amendments made by this (IV) any other measurement with respect
(iii) in subparagraph (E), by striking the section, have the exclusive authority to act, to the operation that the Committee deter-
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period at the end and inserting ‘‘; and’’; and or to authorize other members of the Com- mines appropriate.
(iv) by adding at the end the following: mittee to act, on behalf of the Committee, (D) PRESUMPTION OF MATERIAL REDUC-
‘‘(F) whether such person has any plan or including communicating with the Commis- TION.—With respect to any review conducted
proposal that would be reasonably expected sion and with persons subject to the reviews by the Committee under this paragraph,
to, if implemented, cause a material reduc- authorized under paragraph (4); and there shall be a presumption, which may be
tion to the operation by the issuer of a na- (ii) in acting on behalf of the Committee— rebutted through any information received
tional security asset, as all such applicable (I) keep the Committee fully informed of by the Committee through communication
terms are defined in subsection (c) of the the activities of the Chair; and permitted under subparagraph (B), that the
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S3436 CONGRESSIONAL RECORD — SENATE May 25, 2021
plan or proposal that is the subject of the re- (1) URANIUM RESERVE.—The term ‘‘Uranium (2) to address domestic nuclear supply
view would be reasonably expected to, if im- Reserve’’ means the uranium reserve oper- chain issues; and
plemented, cause a material reduction to the ated pursuant to the program established (3) to support strategic nuclear fuel cycle
operation by the applicable issuer of a na- under subsection (b). capabilities in the United States.
tional security asset if that plan or proposal (2) SECRETARY.—The term ‘‘Secretary’’ (d) EXCLUSION.—The Secretary shall ex-
would, if implemented, cause— means the Secretary of Energy, acting clude from the HA-LEU Bank uranium that
(i) in a fiscal year, distributions , including through the Under Secretary for Science and is enriched by an entity that—
capital distributions, with respect to the Energy. (1) is owned or controlled by the Govern-
common stock of the issuer to exceed the net (b) ESTABLISHMENT.—Not later than 60 days ment of the Russian Federation or the Gov-
income of the issuer with respect to any of after the date of enactment of this Act, the ernment of the People’s Republic of China;
the 3 most recently completed fiscal years of Secretary shall establish a program to oper- or
the issuer; ate a uranium reserve comprised of uranium (2) is organized under the laws of, or other-
(ii) the sale of any material line of business recovered in the United States in accordance wise subject to the jurisdiction of, the Rus-
of the issuer with respect to which the issuer with this section. sian Federation or the People’s Republic of
has, or had in any of the 3 most recently (c) PURPOSES.—The purposes of the Ura- China.
completed fiscal years of the issuer, a con- nium Reserve are— (e) FUNDING.—Notwithstanding any other
tract with the Federal Government; or (1) to address domestic nuclear supply provision of this Act, of the amounts author-
(iii) a reduction in expenditures on re- chain issues; ized in section 2117(a), $150,000,000 is author-
search and development by the issuer in an (2) to provide assurance of the availability ized for each of fiscal years 2022 through 2026
amount that is more than 50 percent, as of uranium recovered in the United States in to carry out this section.
compared with the amount of those expendi- the event of a supply disruption; and (f) CONFORMING AMENDMENT.—Section
tures in any of the 3 most recently com- (3) to support strategic nuclear fuel cycle 2001(a)(2)(D) of the Energy Act of 2020 (42
pleted fiscal years of the issuer. capabilities in the United States. U.S.C. 16281(a)(2)(D)) is amended—
(5) CONSENSUS.— (d) EXCLUSION.—The Secretary shall ex- (1) in clause (v)(III), by adding ‘‘or’’ after
(A) IN GENERAL.—The Committee shall at- clude from the Uranium Reserve uranium the semicolon at the end;
tempt to reach consensus with respect to de- that is recovered in the United States by an (2) by striking clause (vi); and
terminations made under paragraph (4). entity that— (3) by redesignating clause (vii) as clause
(B) INABILITY TO REACH CONSENSUS.—If the (1) is owned or controlled by the Govern- (vi).
Committee is unable to reach consensus, as ment of the Russian Federation or the Gov-
ernment of the People’s Republic of China;
SA 1987. Mr. SCOTT of Florida (for
described in subparagraph (A)—
(i) the Chair shall present the issue to the or himself, Mr. CRUZ, Ms. ERNST, and Mr.
Committee, which shall make a determina- (2) is organized under the laws of, or other- RUBIO) submitted an amendment in-
tion by majority vote; and wise subject to the jurisdiction of, the Rus- tended to be proposed to amendment
(ii) if the vote of the Committee under sian Federation or the People’s Republic of SA 1502 proposed by Mr. SCHUMER to
clause (i) is a tie, the Chair shall make the China. the bill S. 1260, to establish a new Di-
final decision regarding the applicable deter- (e) FUNDING.—Notwithstanding any other rectorate for Technology and Innova-
mination. provision of this Act, of the amounts author- tion in the National Science Founda-
(C) PUBLICLY AVAILABLE VERSION OF DETER- ized in section 2117(a), $150,000,000 is author-
MINATION.—The Committee shall publish ized for each of fiscal years 2022 through 2026
tion, to establish a regional technology
publicly a version of any determination to carry out this section. hub program, to require a strategy and
made under paragraph (4) that provides the report on economic security, science,
reasoning for the determination, which may SA 1986. Mr. BARRASSO submitted research, innovation, manufacturing,
have removed classified or other sensitive in- an amendment intended to be proposed and job creation, to establish a critical
formation from the determination or any to amendment SA 1502 proposed by Mr. supply chain resiliency program, and
analysis from the determination. SCHUMER to the bill S. 1260, to establish for other purposes; which was ordered
(D) IMPLEMENTATION.— to lie on the table; as follows:
a new Directorate for Technology and
(i) DEPARTMENT OF JUSTICE.—The Attorney
Innovation in the National Science In title V of division B, at the end add the
General shall provide such funding and ad-
Foundation, to establish a regional following:
ministrative support for the Committee as
technology hub program, to require a SEC. 25ll. GRANTS FOR RESEARCHING COVID–
the Committee may require. 19 ORIGINS.
(ii) OTHER DEPARTMENTS AND AGENCIES.— strategy and report on economic secu- (a) AWARDS.—Out of amounts made avail-
The heads of executive departments and rity, science, research, innovation, able to the Foundation under section 2116 for
agencies shall provide, as appropriate and to manufacturing, and job creation, to es- activities outside of the Directorate, the Di-
the extent permitted by law, such resources, tablish a critical supply chain resil- rector shall award grants to entities de-
information, and assistance as required to
iency program, and for other purposes; scribed in subsection (b) for the purpose of
implement the reviews required by para-
which was ordered to lie on the table; researching the origins of COVID–19, includ-
graph (4) within their respective agencies,
as follows: ing researching any evidence of whether
including the assignment of staff to perform
COVID–19—
the duties described in this subsection. At the appropriate place in title V of divi-
(1) was in any way manufactured;
(6) INAPPLICABILITY OF FEDERAL ADVISORY sion B, insert the following:
(2) escaped from a laboratory; or
COMMITTEE ACT.—The Federal Advisory Com- SEC. 25ll. HA-LEU BANK. (3) involved a zoonotic origin.
mittee Act (5 U.S.C. App.) shall not apply (a) DEFINITIONS.—In this section: (b) ELIGIBLE ENTITIES.—An entity de-
with respect to the Committee or the activi- (1) HA-LEU.—The term ‘‘HA-LEU’’ means scribed in this subsection is an entity that—
ties of the Committee. high-assay, low-enriched uranium. (1) is based in the United States; and
(2) HA-LEU BANK.—The term ‘‘HA-LEU (2) submits a proposal to the Director for a
SA 1985. Mr. BARRASSO submitted Bank’’ means the HA-LEU Bank operated grant under this section, which shall ensure
an amendment intended to be proposed pursuant to the program established under that the entity complies, and all activities
to amendment SA 1502 proposed by Mr. subsection (b). supported through the grant will comply,
SCHUMER to the bill S. 1260, to establish (3) HIGH-ASSAY, LOW-ENRICHED URANIUM.— with all policies and procedures with respect
a new Directorate for Technology and The term ‘‘high-assay, low-enriched ura- to research security under title III, including
nium’’ means uranium having an assay by complying with the policy guidelines
Innovation in the National Science
greater than 5.0 weight percent and less than under paragraphs (2) and (3) of section 2303(a)
Foundation, to establish a regional 20.0 weight percent of the uranium-235 iso- with respect to prohibitions on participation
technology hub program, to require a tope. in a foreign government talent recruitment
strategy and report on economic secu- (4) SECRETARY.—The term ‘‘Secretary’’ program of the People’s Republic of China,
rity, science, research, innovation, means the Secretary of Energy, acting the Democratic People’s Republic of Korea,
manufacturing, and job creation, to es- through the Under Secretary for Science and the Russian Federation, or the Islamic Re-
tablish a critical supply chain resil- Energy. public of Iran as described in such para-
(b) ESTABLISHMENT.—Not later than 180 graphs.
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iency program, and for other purposes;
days after the date of enactment of this Act, (c) ANNUAL REPORTS.—Not later than 1
which was ordered to lie on the table;
the Secretary shall establish a program to year after the date of enactment of this Act,
as follows: operate a HA-LEU Bank in accordance with and annually thereafter through the year
At the appropriate place in title V of divi- this section. following the date described in subsection
sion B, insert the following: (c) PURPOSES.—The purposes of the HA- (d), the Director shall provide to Congress,
SEC. 25lll. NATIONAL STRATEGIC URANIUM LEU Bank are— and make publicly available, a report on the
RESERVE. (1) to provide for the availability of domes- findings of the research supported through
(a) DEFINITIONS.—In this section: tically produced HA-LEU; the grants under this section.
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3437
(d) SUNSET.—The authority for the Direc- ticipation Initiative to promote employee (iii) prepare and distribute materials con-
tor to make grants under this section shall ownership and employee participation in cerning employee ownership and participa-
terminate on the date that is 3 years after business decisionmaking. tion, and business ownership succession
the date of enactment of this Act. (2) FUNCTIONS.—In carrying out the Initia- planning;
tive, the Secretary shall— (B) in the case of activities described in
SA 1988. Mr. BLUNT (for himself and (A) support within the States existing pro- paragraph (2)(B)—
Mr. MORAN) submitted an amendment grams designed to promote employee owner- (i) provide preliminary technical assist-
intended to be proposed to amendment ship and employee participation in business ance to employee groups, managers, and re-
decisionmaking; and tiring owners exploring the possibility of em-
SA 1502 proposed by Mr. SCHUMER to (B) facilitate within the States the forma- ployee ownership;
the bill S. 1260, to establish a new Di- tion of new programs designed to promote (ii) provide for the performance of prelimi-
rectorate for Technology and Innova- employee ownership and employee participa- nary feasibility assessments;
tion in the National Science Founda- tion in business decisionmaking. (iii) assist in the funding of objective
tion, to establish a regional technology (3) DUTIES.—To carry out the functions third-party feasibility studies and prelimi-
hub program, to require a strategy and enumerated in paragraph (2), the Secretary nary business valuations, and in selecting
report on economic security, science, shall— and monitoring professionals qualified to
(A) support new programs and existing pro- conduct such studies; and
research, innovation, manufacturing,
grams by— (iv) provide a data bank to help employees
and job creation, to establish a critical (i) making Federal grants authorized under find legal, financial, and technical advice in
supply chain resiliency program, and subsection (d); and connection with business ownership;
for other purposes; which was ordered (ii)(I) acting as a clearinghouse on tech- (C) in the case of activities described in
to lie on the table; as follows: niques employed by new programs and exist- paragraph (2)(C)—
In section 2507(b)(3), in the matter pre- ing programs within the States, and dissemi- (i) provide for courses on employee partici-
ceding subparagraph (A), insert ‘‘, subject to nating information relating to those tech- pation; and
the availability of appropriations’’ after niques to the programs; or (ii) provide for the development and fos-
‘‘may’’. (II) funding projects for information gath- tering of networks of employee-owned com-
In section 2507(b)(3)(C), strike ‘‘by any ering on those techniques, and dissemination panies to spread the use of successful partici-
prior or subsequent Act,’’. of that information to the programs, by pation techniques; and
In section 2507(b), add at the end the fol- groups outside the Department of Labor; and (D) in the case of training described in
lowing: (B) facilitate the formation of new pro- paragraph (2)(D)—
(5) LIMITATION.—The authorities provided grams, in ways that include holding or fund- (i) provide for visits to existing programs
for under paragraph (3), and the require- ing an annual conference of representatives by staff from new programs receiving fund-
ments thereof, shall be in addition to any from States with existing programs, rep- ing under this section; and
other authorities provided under the law. resentatives from States developing new pro- (ii) provide materials to be used for such
grams, and representatives from States with- training.
out existing programs. (4) GUIDANCE.—The Secretary shall issue
SA 1989. Mr. MORAN (for himself and (c) PROGRAMS REGARDING EMPLOYEE OWN- formal guidance, for recipients of grants
Mr. SANDERS) submitted an amend- ERSHIP AND PARTICIPATION.— awarded under subsection (d) and one-stop
ment intended to be proposed to (1) ESTABLISHMENT OF PROGRAM.—Not later partners (as defined in section 3 of the Work-
amendment SA 1502 proposed by Mr. than 180 days after the date of enactment of force Innovation and Opportunity Act (29
SCHUMER to the bill S. 1260, to establish this Act, the Secretary shall establish a pro- U.S.C. 3102)) affiliated with the workforce de-
a new Directorate for Technology and gram to encourage new programs and exist- velopment systems (as so defined) of the
Innovation in the National Science ing programs within the States to foster em- States, proposing that programs and other
ployee ownership and employee participation activities funded under this section be—
Foundation, to establish a regional in business decisionmaking throughout the (A) proactive in encouraging actions and
technology hub program, to require a United States. activities that promote employee ownership
strategy and report on economic secu- (2) PURPOSE OF PROGRAM.—The purpose of of, and participation in, businesses; and
rity, science, research, innovation, the program established under paragraph (1) (B) comprehensive in emphasizing both
manufacturing, and job creation, to es- is to encourage new and existing programs employee ownership of, and participation in,
tablish a critical supply chain resil- within the States that focus on— businesses so as to increase productivity and
iency program, and for other purposes; (A) providing education and outreach to in- broaden capital ownership.
form employees and employers about the (d) GRANTS.—
which was ordered to lie on the table; possibilities and benefits of employee owner- (1) IN GENERAL.—In carrying out the pro-
as follows: ship, business ownership succession plan- gram established under subsection (c), the
At the end of title III of division F, insert ning, and employee participation in business Secretary may make grants for use in con-
the following: decisionmaking, including providing infor- nection with new programs and existing pro-
SEC. ll. WORKER OWNERSHIP, READINESS, AND mation about financial education, employee grams within a State for any of the following
KNOWLEDGE. teams, open-book management, and other activities:
(a) DEFINITIONS.—In this section: tools that enable employees to share ideas (A) Education and outreach as provided in
(1) EXISTING PROGRAM.—The term ‘‘existing and information about how their businesses subsection (c)(2)(A).
program’’ means a program, designed to pro- can succeed; (B) Technical assistance as provided in
mote employee ownership and employee par- (B) providing technical assistance to assist subsection (c)(2)(B).
ticipation in business decisionmaking, that employee efforts to become business owners, (C) Training activities for employees and
exists on the date on which the Secretary is to enable employers and employees to ex- employers as provided in subsection (c)(2)(C).
carrying out a responsibility authorized plore and assess the feasibility of transfer- (D) Activities facilitating cooperation
under this section. ring full or partial ownership to employees, among employee-owned firms.
(2) INITIATIVE.—The term ‘‘Initiative’’ and to encourage employees and employers (E) Training as provided in subsection
means the Employee Ownership and Partici- to start new employee-owned businesses; (c)(2)(D) for new programs provided by par-
pation Initiative established under sub- (C) training employees and employers with ticipants in existing programs dedicated to
section (b). respect to methods of employee participa- the objectives of this section, except that,
(3) NEW PROGRAM.—The term ‘‘new pro- tion in open-book management, work teams, for each fiscal year, the amount of the
gram’’ means a program, designed to pro- committees, and other approaches for seek- grants made for such training shall not ex-
mote employee ownership and employee par- ing greater employee input; and ceed 10 percent of the total amount of the
ticipation in business decisionmaking, that (D) training other entities to apply for grants made under this section.
does not exist on the date on which the Sec- funding under this subsection, to establish (2) AMOUNTS AND CONDITIONS.—The Sec-
retary is carrying out a responsibility au- new programs, and to carry out program ac- retary shall determine the amount and any
thorized under this section. tivities. conditions for a grant made under this sub-
(4) SECRETARY.—The term ‘‘Secretary’’ (3) PROGRAM DETAILS.—The Secretary may section. The amount of the grant shall be
means the Secretary of Labor. include, in the program established under subject to paragraph (6), and shall reflect the
(5) STATE.—The term ‘‘State’’ has the paragraph (1), provisions that— capacity of the applicant for the grant.
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meaning given the term under section 3 of (A) in the case of activities described in (3) APPLICATIONS.—Each entity desiring a
the Workforce Innovation and Opportunity paragraph (2)(A)— grant under this subsection shall submit an
Act (29 U.S.C. 3102). (i) target key groups, such as retiring busi- application to the Secretary at such time, in
(b) EMPLOYEE OWNERSHIP AND PARTICIPA- ness owners, senior managers, unions, trade such manner, and accompanied by such in-
TION INITIATIVE.— associations, community organizations, and formation as the Secretary may reasonably
(1) ESTABLISHMENT.—The Secretary of economic development organizations; require.
Labor shall establish within the Department (ii) encourage cooperation in the organiza- (4) STATE APPLICATIONS.—Each State may
of Labor an Employee Ownership and Par- tion of workshops and conferences; and sponsor and submit an application under
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S3438 CONGRESSIONAL RECORD — SENATE May 25, 2021
paragraph (3) on behalf of any local entity vation, manufacturing, and job cre- (D) Growth in job creation by small busi-
consisting of a unit of State or local govern- ation, to establish a critical supply ness concerns or, in regions with declining
ment, State-supported institution of higher chain resiliency program, and for other total employment, job retention by small
education, or nonprofit organization, meet- purposes; which was ordered to lie on business concerns in the Industry Cluster.
ing the requirements of this section. (E) Growth in new products, services, or
(5) APPLICATIONS BY ENTITIES.—
the table; as follows:
business lines.
(A) ENTITY APPLICATIONS.—If a State fails SEC. ll. REGIONAL INNOVATION CLUSTERS. (F) Growth in new technologies developed
to support or establish a program pursuant (a) DEFINITIONS.—In this section: within the Industry Cluster.
to this section during any fiscal year, the (1) ADMINISTRATOR.—The term ‘‘Adminis- (3) REPORTING.—The Administrator shall
Secretary shall, in the subsequent fiscal trator’’ means the Administrator of the require Cluster Initiatives to submit annual
years, allow local entities described in para- Small Business Administration. reports documenting the outcomes in para-
graph (4) from that State to make applica- (2) ALASKA NATIVE CORPORATION.—The term graph (2) and the activities contributing to
tions for grants under paragraph (3) on their ‘‘Alaska Native Corporation’’ has the mean- those outcomes.
own initiative. ing given the term ‘‘Native Corporation’’ in (4) SELECTION CRITERIA.—In making awards
(B) APPLICATION SCREENING.—Any State section 3 of the Alaska Native Claims Settle- to Cluster Initiatives under this subsection,
failing to support or establish a program ment Act (43 U.S.C. 1602).
the Administrator shall consider—
pursuant to this section during any fiscal (3) AWARD.—The term ‘‘award’’ means a
(A) the probable impact of the Cluster Ini-
year may submit applications under para- contract, grant, or cooperative agreement.
tiative on the competitiveness of the Indus-
graph (3) in the subsequent fiscal years but (4) CLUSTER INITIATIVE.—The term ‘‘Cluster
try Cluster, including—
may not screen applications by local entities Initiative’’ means a formally organized ef-
fort to promote the growth and competitive- (i) whether the Cluster Initiative will be
described in paragraph (4) before submitting inclusive of any and all organizations that
the applications to the Secretary. ness of an industry sector through collabo-
rative activities among Industry Cluster par- might benefit from participation, including
(6) LIMITATIONS.—A recipient of a grant startups, small business concerns not locally
made under this subsection shall not receive, ticipants that is led by—
(A) a State; owned, and small business concerns rival to
during a fiscal year, in the aggregate, more existing members of the Industry Cluster;
than the following amounts: (B) an Indian Tribe, an Alaska Native Cor-
poration, or a Native Hawaiian Organization; and
(A) For fiscal year 2022, $300,000. (ii) whether the Cluster Initiative will en-
(B) For fiscal year 2023, $330,000. (C) a city or other political subdivision of
a State; courage broad participation by and collabo-
(C) For fiscal year 2024, $363,000. ration among all types of participants;
(D) a nonprofit organization, including an
(D) For fiscal year 2025, $399,300. (B) if the proposed Cluster Initiative fits
institution of higher education or a venture
(E) For fiscal year 2026, $439,200. within a broader and achievable economic
development organization; or
(7) ANNUAL REPORT.—For each year, each development strategy;
(E) a small business concern.
recipient of a grant under this subsection (C) the capacity and commitment of the
(5) INDUSTRY CLUSTER.—The term ‘‘Indus-
shall submit to the Secretary a report de- sponsoring organization of the Cluster Ini-
try Cluster’’ means a geographic concentra-
scribing how grant funds allocated pursuant tiative organization, including—
tion, relative to the size of the region under
to this subsection were expended during the (i) the expected ability of the Cluster Ini-
consideration, of interconnected businesses,
12-month period preceding the date of the tiative to access additional funds from other
suppliers, service providers, and associated
submission of the report. sources; and
institutions in an industry sector, including
(e) EVALUATIONS.—The Secretary is author- (ii) the capacity of the Cluster Initiative to
advanced manufacturing, precision agri-
ized to reserve not more than 10 percent of sustain activities once grant funds have been
the funds appropriated for a fiscal year to culture, cybersecurity, biosciences, water
technologies, energy production and effi- expended;
carry out this section, for the purposes of (D) the degree of involvement from rel-
conducting evaluations of the grant pro- ciency, and outdoor recreation.
(6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ evant State and regional economic and
grams identified in subsection (d) and to pro-
has the meaning given the term ‘‘Indian workforce development organizations, other
vide related technical assistance.
(f) REPORTING.—Not later than the expira- tribe’’ in section 4 of the Indian Self-Deter- public purpose institutions (such as univer-
tion of the 36-month period following the mination and Education Assistance Act (25 sities, community colleges, venture develop-
date of enactment of this Act, the Secretary U.S.C. 5304). ment organizations, and workforce boards),
shall prepare and submit to Congress a re- (7) INSTITUTION OF HIGHER EDUCATION.—The and the private sector, including industry as-
port— term ‘‘institution of higher education’’ has sociations;
(1) on progress related to employee owner- the meaning given the term in section 101 of (E) the extent to which economic diversity
ship and participation in businesses in the the Higher Education Act of 1965 (20 U.S.C. across regions of the United States would be
United States; and 1001). increased through the award; and
(2) containing an analysis of critical costs (8) NATIVE HAWAIIAN ORGANIZATION.—The (F) the geographic distribution of Cluster
and benefits of activities carried out under term ‘‘Native Hawaiian Organization’’ has Initiatives around the United States.
this section. the meaning given the term in section (5) INITIAL AWARD.—The Administrator
(g) AUTHORIZATIONS OF APPROPRIATIONS.— 8(a)(15) of the Small Business Act (15 U.S.C. may make a 1-year award not to exceed
(1) IN GENERAL.—There are authorized to be 637(a)(15)). $1,000,000 with each Cluster Initiative.
appropriated for the purpose of making (9) SMALL BUSINESS CONCERN.—The term (6) RENEWAL.—
grants pursuant to subsection (d) the fol- ‘‘small business concern’’ has the meaning (A) IN GENERAL.—The Administrator may
lowing: given the term in section 3 of the Small renew an award made to a Cluster Initiative
(A) For fiscal year 2022, $4,000,000. Business Act (15 U.S.C. 632). under paragraph (5)—
(B) For fiscal year 2023, $7,000,000. (10) STATE.—The term ‘‘State’’ means each (i) for 1 year in an amount not to exceed
(C) For fiscal year 2024, $10,000,000. of the several States of the United States, $750,000 per year; and
(D) For fiscal year 2025, $13,000,000. the District of Columbia, the Commonwealth (ii) for a total period not to exceed 5 years.
(E) For fiscal year 2026, $16,000,000. of Puerto Rico, the United States Virgin Is- (B) REQUIREMENT.—A Cluster Initiative
(2) ADMINISTRATIVE EXPENSES.—There are lands, Guam, American Samoa, the Com- shall compete in a new funding opportunity
authorized to be appropriated for the purpose monwealth of the Northern Mariana Islands, to receive any further awards under this sub-
of funding the administrative expenses re- or any other territory or possession of the section.
lated to the Initiative, for each of fiscal United States. (7) MATCHING FUNDS.—
years 2022 through 2026, an amount not in ex- (b) SUPPORTING INDUSTRY CLUSTERS.— (A) IN GENERAL.—As a condition of receiv-
cess of the lesser of— (1) AUTHORIZATION.—The Administrator ing an award under this subsection, a Cluster
(A) $350,000; or shall make awards to Cluster Initiatives that Initiative shall provide 1 dollar in non-Fed-
(B) 5.0 percent of the maximum amount strengthen Industry Clusters in accordance eral matching funds, including in-kind con-
available under paragraph (1) for that fiscal with the requirements under this subsection. tributions, for every 2 dollars received under
year. (2) INDUSTRY CLUSTER OUTCOMES.—Cluster the award.
--- Initiatives shall be assessed according to (B) WAIVER.—The Administrator may
SA 1990. Mr. MORAN (for himself, their performance along the following waive part of the matching funds require-
Ms. BALDWIN, and Ms. ROSEN) sub- metrics: ment under subparagraph (A) for a Cluster
(A) Growth in number of small business Initiative that—
SSpencer on DSK126QN23PROD with SENATE
mitted an amendment intended to be
proposed by him to the bill S. 1260, to concerns participating in the Industry Clus- (i) has not previously received an award
ter and support industries. under this subsection; or
establish a new Directorate for Tech-
(B) Growth in number of small business (ii) supports a noncore area, a micropolitan
nology and Innovation in the National concern startups in the Industry Cluster. area, or a small metropolitan statistical
Science Foundation, to establish a re- (C) Growth in total capital, including rev- area with a population of not more than
gional technology hub program, to re- enue and equity investments, flowing to 200,000.
quire a strategy and report on eco- small business concern participants in the (8) COMPETITIVE PROCESS.—The Adminis-
nomic security, science, research, inno- Industry Cluster. trator shall enter into new awards under this
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3439
subsection for each year that appropriations ‘‘(ii) the ranking of the governments de- States persons with the goal, or substantial
are available. scribed in clause (i) in the most recent report effect, of promoting censorship or
(c) FEASIBILITY STUDY AWARDS.— on trafficking in persons required by section extrajudicial data access; or
(1) IN GENERAL.—The Administrator may 110(b)(1) of the Trafficking Victims Protec- ‘‘(3) engage in coerced censorship or
make awards for feasibility studies, plan- tion Act of 2000 (22 U.S.C. 7107(b)(1)); extrajudicial data access so as to harm the
ning, and operations to support the launch of ‘‘(iii) whether the good involved in the al- integrity of services or products provided by
new Cluster Initiatives. leged instance of forced labor is included in United States persons in the market of that
(2) AMOUNT.—The total amount of awards the most recent list of goods produced by country, the United States market, or other
made under paragraph (1) shall not exceed child labor or forced labor required by sec- markets.
$250,000. tion 105(b)(1)(2)(C) of the Trafficking Victims ‘‘(c) DESIGNATION OF PRIORITY FOREIGN
(3) ELIGIBLE RECIPIENTS.—The Adminis- Protection Reauthorization Act of 2005 (22 COUNTRIES.—
trator may make awards under paragraph (1) U.S.C. 7112(b)(2)(C)); and ‘‘(1) IN GENERAL.—The Trade Representa-
to— ‘‘(iv) the effect taking action with respect tive shall designate as priority foreign coun-
(A) a State; to the alleged instance of forced labor would tries the foreign countries identified under
(B) an Indian Tribe, an Alaska Native Cor- have in eradicating forced labor from the subsection (a) that—
poration, or a Native Hawaiian Organization; supply chain of the United States. ‘‘(A) engage in the most onerous or egre-
(C) a city or other political subdivision of ‘‘(3) QUARTERLY BRIEFINGS REQUIRED.—Not gious acts, policies, or practices that have
a State; less frequently than every 90 days, the the greatest impact on the United States;
(D) a nonprofit organization, including an Forced Labor Division shall provide briefings and
institution of higher education or a venture to the Committee on Finance of the Senate ‘‘(B) are not negotiating or otherwise mak-
development organization; or and the Committee on Ways and Means of ing progress to end those acts, policies, or
(E) a consortium consisting of entities de- the House of Representatives regarding— practices.
scribed in subparagraphs (A) through (D). ‘‘(A) allegations received under paragraph ‘‘(2) REVOCATIONS AND ADDITIONAL IDENTI-
(d) AUTHORIZATION OF APPROPRIATIONS.— FICATIONS.—
(1);
There are authorized to be appropriated ‘‘(A) IN GENERAL.—The Trade Representa-
‘‘(B) the prioritization of investigations of
$50,000,000 for fiscal year 2022 and each subse- tive may at any time, if information avail-
such allegations under paragraph (2); and
quent fiscal year to carry out this section. able to the Trade Representative indicates
‘‘(C) progress made toward—
SA 1991. Mr. WYDEN submitted an ‘‘(i) issuing withhold release orders for that such action is appropriate—
goods, wares, articles, or merchandise mined, ‘‘(i) revoke the identification of any for-
amendment intended to be proposed to eign country as a priority foreign country
produced, or manufactured using forced
amendment SA 1502 proposed by Mr. labor; and under paragraph (1); or
SCHUMER to the bill S. 1260, to establish ‘‘(ii) making findings in and closing inves- ‘‘(ii) identify any foreign country as a pri-
a new Directorate for Technology and tigations conducted under paragraph (1).’’. ority foreign country under that paragraph.
Innovation in the National Science ‘‘(B) REPORT ON REASONS FOR REVOCATION.—
Foundation, to establish a regional SA 1992. Mr. WYDEN submitted an The Trade Representative shall include in
technology hub program, to require a amendment intended to be proposed to the semiannual report submitted to Congress
strategy and report on economic secu- amendment SA 1502 proposed by Mr. under section 309(3) a detailed explanation of
rity, science, research, innovation, the reasons for the revocation under sub-
SCHUMER to the bill S. 1260, to establish
manufacturing, and job creation, to es- paragraph (A) of the identification of any
a new Directorate for Technology and foreign country as a priority foreign country
tablish a critical supply chain resil- Innovation in the National Science under paragraph (1) during the period cov-
iency program, and for other purposes; Foundation, to establish a regional ered by the report.
which was ordered to lie on the table; technology hub program, to require a ‘‘(d) REFERRAL TO ATTORNEY GENERAL OR
as follows: strategy and report on economic secu- INVESTIGATION.—If the Trade Representative
At the end of title III of division C, add the rity, science, research, innovation, identifies an instance in which a foreign
following: country designated as a priority foreign
manufacturing, and job creation, to es- country under subsection (c) has successfully
SEC. 3314. INVESTIGATIONS OF ALLEGATIONS OF
GOODS PRODUCED BY FORCED tablish a critical supply chain resil- pressured an online service provider to in-
LABOR. iency program, and for other purposes; hibit free speech in the United States, the
Section 307 of the Tariff Act of 1930 (19 which was ordered to lie on the table; Trade Representative shall—
U.S.C. 1307) is amended— as follows: ‘‘(1) submit to Committee on Finance of
(1) by striking ‘‘All’’ and inserting the fol- At the end of title III of division F, add the the Senate and the Committee on Ways and
lowing: following: Means of the House of Representatives a re-
‘‘(a) IN GENERAL.—All’’; port detailing the precise circumstances of
SEC. 6302. CENSORSHIP AS A TRADE BARRIER.
(2) by striking ‘‘ ‘Forced labor’, as herein the instance, including the actions taken by
used, shall mean’’ and inserting the fol- (a) IN GENERAL.—Chapter 8 of title I of the
the foreign country and the online service
lowing: Trade Act of 1974 (19 U.S.C. 2241 et seq.) is
provider;
‘‘(c) FORCED LABOR DEFINED.—In this sec- amended by adding at the end the following:
‘‘(2) if the online service provider is under
tion, the term ‘forced labor’ means’’; and ‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT
the jurisdiction of the United States, refer
(3) by inserting after subsection (a), as des- DISRUPT DIGITAL TRADE.
the instance to the Attorney General; and
ignated by paragraph (1), the following: ‘‘(a) IN GENERAL.—Not later than 60 days
‘‘(3) if appropriate, initiate an investiga-
‘‘(b) FORCED LABOR DIVISION.— after the date on which the National Trade
tion under section 302 and impose a remedy
‘‘(1) IN GENERAL.—There is established in Estimate is submitted under section 181(b),
under section 301(c).
the Office of Trade of U.S. Customs and Bor- the United States Trade Representative (in ‘‘(e) PUBLICATION.—The Trade Representa-
der Protection a Forced Labor Division, this section referred to as the ‘Trade Rep- tive shall publish in the Federal Register a
which shall— resentative’) shall identify, in accordance list of foreign countries identified under sub-
‘‘(A) receive and investigate allegations of with subsection (b), foreign countries that section (a) and foreign countries designated
goods, wares, articles, or merchandise mined, are trading partners of the United States as priority foreign countries under sub-
produced, or manufactured using forced that engage in acts, policies, or practices section (c) and shall make such revisions to
labor; and that disrupt digital trade activities, includ- the list as may be required by reason of ac-
‘‘(B) coordinate with other agencies to en- ing— tion under subsection (c)(2).
force the prohibition under subsection (a). ‘‘(1) coerced censorship in their own mar- ‘‘(f) ANNUAL REPORT.—Not later than 30
‘‘(2) PRIORITIZATION OF INVESTIGATIONS.—In kets or extraterritorially; and days after the date on which the Trade Rep-
prioritizing investigations under paragraph ‘‘(2) other eCommerce or digital practices resentative submits the National Trade Esti-
(1)(A), the Forced Labor Division shall— with the goal, or substantial effect, of pro- mate under section 181(b), the Trade Rep-
‘‘(A) consult closely with the Bureau of moting censorship or extrajudicial data ac- resentative shall submit to the Committee
International Labor Affairs of the Depart- cess that disadvantages United States per- on Finance of the Senate and the Committee
ment of Labor and the Office to Monitor and sons. on Ways and Means of the House of Rep-
Combat Trafficking in Persons of the De- ‘‘(b) REQUIREMENTS FOR IDENTIFICATIONS.— resentatives a report on actions taken under
partment of State; and In identifying countries under subsection (a), this section during the one-year period pre-
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‘‘(B) take into account— the Trade Representative shall identify only ceding that report, and the reasons for those
‘‘(i) the complicity of— foreign countries that— actions, including—
‘‘(I) the government of the foreign county ‘‘(1) disrupt digital trade in a discrimina- ‘‘(1) a list of any foreign countries identi-
in which the instance of forced labor is al- tory or trade distorting manner with the fied under subsection (a); and
leged to have occurred; and goal, or substantial effect, of promoting cen- ‘‘(2) a description of progress made in de-
‘‘(II) the government of any other country sorship or extrajudicial data access; creasing disruptions to digital trade.’’.
that has facilitated the use of forced labor in ‘‘(2) deny fair and equitable market access (b) INVESTIGATIONS UNDER TITLE III OF THE
the country described in subclause (I); to digital service providers that are United TRADE ACT OF 1974.—Section 302(b)(2) of the
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S3440 CONGRESSIONAL RECORD — SENATE May 25, 2021
Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amendment SA 1502 proposed by Mr. (ii) provide that works described under
amended— SCHUMER to the bill S. 1260, to establish clause (i)(I) shall be—
(1) in subparagraph (A), in the matter pre- a new Directorate for Technology and (I) marked as being public domain material
ceding clause (i), by inserting ‘‘or designated when published; and
Innovation in the National Science
as a priority foreign country under section (II) made available at the same time such
183(c)’’ after ‘‘section 182(a)(2)’’; and Foundation, to establish a regional works are made available under subpara-
(2) in subparagraph (D), by striking ‘‘by technology hub program, to require a graph (B)(iv).
reason of subparagraph (A)’’ and inserting strategy and report on economic secu- (D) EXCLUSIONS.—Each Federal research
‘‘with respect to a country identified under rity, science, research, innovation, public access policy shall not apply to—
section 182(a)(2)’’. manufacturing, and job creation, to es- (i) research progress reports presented at
(c) CLERICAL AMENDMENT.—The table of tablish a critical supply chain resil- professional meetings or conferences;
contents for the Trade Act of 1974 is amended iency program, and for other purposes; (ii) laboratory notes, preliminary data
by inserting after the item relating to sec- analyses, notes of the author, phone logs, or
tion 182 the following:
which was ordered to lie on the table;
other information used to produce accepted
as follows:
‘‘Sec. 183. Identification of countries that manuscripts;
disrupt digital trade.’’. Beginning on page 478, strike line 17, and (iii) classified research, research resulting
all that follows through page 485, line 18, and in works that generate revenue or royalties
SA 1993. Mr. WYDEN submitted an insert the following: for authors (such as books) or patentable dis-
amendment intended to be proposed to SEC. 2527. BASIC RESEARCH. coveries, to the extent necessary to protect a
amendment SA 1502 proposed by Mr. (a) NONDISCLOSURE OF MEMBERS OF GRANT copyright or patent; or
SCHUMER to the bill S. 1260, to establish REVIEW PANEL.—Notwithstanding any other (iv) authors who do not submit their work
a new Directorate for Technology and provision of law, each agency that awards a to a journal or works that are rejected by
Federal research grant shall not disclose, ei- journals.
Innovation in the National Science ther publicly or privately, to an applicant (3) RULE OF CONSTRUCTION REGARDING PAT-
Foundation, to establish a regional for such grant the identity of any member of ENT OR COPYRIGHT LAW.—Nothing in this sec-
technology hub program, to require a the grant review panel for such applicant. tion shall be construed to limit any exclu-
strategy and report on economic secu- (b) PUBLIC ACCESSIBILITY OF RESEARCH sive right under the provisions of title 17 or
rity, science, research, innovation, FUNDED BY TAXPAYERS.— 35, United States Code.
manufacturing, and job creation, to es- (1) DEFINITION OF FEDERAL AGENCY.—In this (4) GAO REPORT.—Not later than 3 years
tablish a critical supply chain resil- section, the term ‘‘Federal agency’’ means after the date of enactment of this section,
iency program, and for other purposes; an Executive agency, as defined under sec- and every 5 years thereafter, the Comptroller
tion 105 of title 5, United States Code. General of the United States shall submit to
which was ordered to lie on the table; (2) FEDERAL RESEARCH PUBLIC ACCESS POL- Congress a report that—
as follows: ICY.— (A) includes an analysis of the period be-
At the end of title III of division F, add the (A) REQUIREMENT TO DEVELOP POLICY.— tween the date on which articles generally
following: (i) IN GENERAL.—Not later than 1 year after become publicly available in a journal and
SEC. 6302. INVESTIGATION OF CENSORSHIP AND the date of enactment of this section, each the date on which the accepted manuscript is
BARRIERS TO DIGITAL TRADE. Federal agency with annual extramural re- in the online repository of the applicable
(a) IN GENERAL.—Subsection (b) of section search expenditures of over $100,000,000 shall Federal agency;
301 of the Trade Act of 1974 (19 U.S.C. 2411) is have an agency research public access policy (B) examines the effectiveness of the Fed-
amended— that is consistent with and advances the eral research public access policy in pro-
(1) by redesignating paragraphs (1) and (2) goals of the Federal agency. viding the public with free online access to
as subparagraphs (A) and (B), respectively; (ii) COMMON PROCEDURES.—Where appro- papers on research funded by each Federal
(2) in the matter preceding subparagraph priate, Federal agencies required to develop agency required to develop a policy under
(A), as redesignated by paragraph (1), by a policy under clause (i) shall follow common paragraph (2)(A); and
striking ‘‘If the Trade Representative’’ and procedures for ensuring access to research (C) examines the impact of the Federal re-
inserting ‘‘(1) If the Trade Representative’’; papers to minimize compliance burdens and search public access policy on the avail-
(3) by adding at the end the following: costs and avoid unnecessary duplication of ability, quality, integrity, and sustainability
‘‘(2) For purposes of paragraph (1), an act, existing mechanisms. of scholarly communication and on the de-
policy, or practice that is unreasonable in- (B) CONTENT.—Each Federal research pub- gree to which policies avoid unnecessary du-
cludes any act, policy, or practice, or any lic access policy shall provide for— plication of existing mechanisms.
combination of acts, policies, or practices, (i) submission to a digital repository or ac- (5) DOWNSTREAM REPORTING.—Any person
that denies fair and equitable market oppor- cess through a system that achieves the or institution awarded a grant from a Fed-
tunities, including through censorship or goals of this section designated or main- eral research agency shall—
barriers to the provision of domestic digital tained by the Federal agency of an electronic (A) notify and seek authorization from the
services, by the government of a foreign version of the accepted manuscript of origi- relevant agency for any funds derived from
country that— nal research papers that have been accepted the grant made available through a subgrant
‘‘(A) precludes competition by conferring for publication in peer-reviewed journals and or subsequent grant (including to an em-
special benefits on domestic entities or im- that result from research supported, in ployee or subdivision of the grant recipient’s
posing discriminatory burdens on foreign en- whole or in part, from funding by the Fed- organization); and
tities; eral Government; (B) ensure that each subgrant or subse-
‘‘(B) provides inconsistent or unfair mar- (ii) the incorporation of any changes re- quent grant award (including to an employee
ket access to United States persons; sulting from the peer review process in the or subdivision of the grant recipient’s orga-
‘‘(C) requires censorship of content that accepted manuscript described under clause nization) funded with funds derived from the
originates in the United States; or (i); Federal grant is within the scope of the Fed-
‘‘(D) requires extrajudicial data access that (iii) the replacement of the accepted manu- eral grant award.
disadvantages United States persons.’’. script with the final published version if— (6) IMPARTIALITY IN FUNDING SCIENTIFIC RE-
(b) AUTHORIZED ACTION.—Subsection (c) of (I) the publisher consents to the replace- SEARCH.—Notwithstanding any other provi-
such section is amended by adding at the end ment; and sion of law, each Federal agency, in award-
the following: (II) the goals of the Federal agency for ing grants for scientific research, shall be
‘‘(7) In the case of an act, policy, or prac- functionality and interoperability are re- impartial and shall not seek to advance any
tice described in paragraph (2) of subsection tained; and political position or fund a grant to reach a
(b) by the government of a foreign country (iv) free online public access to such ac- predetermined conclusion.
that is determined to be unreasonable under cepted manuscripts or final published
paragraph (1) of that subsection, the Trade versions within a time period that is appro- SEC. 2528. GAO STUDY ON OVERSIGHT OF FED-
Representative may direct the blocking of ERAL SCIENCE AND TECHNOLOGY
priate for each type of research conducted or
access from that country to data from the GRANT MAKING AND INVESTMENTS.
sponsored by the Federal agency, not later
United States to address the lack of recip- than 12 months after the official date of pub- (a) FINDINGS.—Congress finds that—
rocal market access or parallel data flows.’’. lication in peer-reviewed journals. (1) in instances such as the Troubled Asset
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(c) CONFORMING AMENDMENT.—Section (C) APPLICATION OF POLICY.—Each Federal Relief Program, the American Recovery and
304(a)(1)(A)(ii) of the Trade Act of 1974 (19 research public access policy shall— Reinvestment Act of 2009, Iraq, and Afghani-
U.S.C. 2414(a)(1)(A)(ii)) is amended by strik- (i) apply to— stan, Congress has created special inspectors
ing ‘‘(b)(1)’’ and inserting ‘‘(b)(1)(A)’’. (I) researchers employed by the Federal general and other oversight entities focused
agency whose works remain in the public do- on particular program areas who have per-
SA 1994. Mr. PAUL (for himself, Mr. main; and formed in outstanding ways;
COONS, and Mr. TILLIS) submitted an (II) researchers funded by the Federal (2) the oversight entities described in para-
amendment intended to be proposed to agency; and graph (1) have helped to strengthen oversight
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3441
in cross-agency activities and where compo- addressing intellectual property rights in- Foundation, to establish a regional
nent inspectors general may have otherwise fringement cases regarding the People’s Re- technology hub program, to require a
faced significant challenges; public of China. strategy and report on economic secu-
(3) because of the cross-agency nature of (b) UNITED STATES PERSON DEFINED.—In
this section, the term ‘‘United States per-
rity, science, research, innovation,
Federal science and technology activities,
Congress created the Office of Science and son’’ means— manufacturing, and job creation, to es-
Technology Policy to coordinate and har- (1) a United States citizen or an alien law- tablish a critical supply chain resil-
monize among science functions at agencies; fully admitted for permanent residence to iency program, and for other purposes;
(4) the United States innovation eco- the United States; or which was ordered to lie on the table;
system, which uses multiple science agencies (2) an entity organized under the laws of as follows:
to invest in research and development, can the United States or of any jurisdiction At the end of title III of division C, add the
make it more difficult to identify and re- within the United States, including a foreign following:
move scientists who violate research integ- branch of such an entity. SEC. 3314. PREVENTING IMPORTATION OF SEA-
rity principles; FOOD AND SEAFOOD PRODUCTS
(5) the single agency jurisdiction of an SA 1996. Mr. WYDEN submitted an HARVESTED OR PRODUCED USING
agency inspector general can be a disadvan- amendment intended to be proposed to FORCED LABOR.
tage with respect to their oversight roles, amendment SA 1502 proposed by Mr. (a) DEFINITIONS.—In this section:
and opportunities to strengthen the system SCHUMER to the bill S. 1260, to establish (1) CHILD LABOR.—The term ‘‘child labor’’
may exist; has the meaning given the term ‘‘worst
a new Directorate for Technology and
(6) single agency jurisdiction of inspectors forms of child labor’’ in section 507 of the
general may also make it difficult to har-
Innovation in the National Science Trade Act of 1974 (19 U.S.C. 2467).
monize principles and standards for over- Foundation, to establish a regional (2) FORCED LABOR.—The term ‘‘forced
sight of waste, fraud, and abuse among agen- technology hub program, to require a labor’’ has the meaning given that term in
cies; and strategy and report on economic secu- section 307 of the Tariff Act of 1930 (19 U.S.C.
(7) certain issues of fraud, waste, and abuse rity, science, research, innovation, 1307).
in Federal science and technology activities manufacturing, and job creation, to es- (3) HUMAN TRAFFICKING.—The term ‘‘human
span multiple agencies and are more appar- tablish a critical supply chain resil- trafficking’’ has the meaning given the term
ent through cross-agency oversight. ‘‘severe forms of trafficking in persons’’ in
(b) STUDY.—Not later than 1 year after the
iency program, and for other purposes;
section 103 of the Trafficking Victims Pro-
date of enactment of this Act, the Comp- which was ordered to lie on the table; tection Act of 2000 (22 U.S.C. 7102).
troller General of the United States shall as follows: (4) SEAFOOD.—The term ‘‘seafood’’ means
conduct a study and submit to Congress a re- At the end of title III of division F, add the fish, shellfish, processed fish, fish meal,
port that— following: shellfish products, and all other forms of ma-
(1) evaluates the frequency of cases of SEC. 6302. AUTHORITY OF U.S. CUSTOMS AND rine animal and plant life other than marine
waste, fraud, or abuse perpetrated across BORDER PROTECTION TO CONSOLI- mammals and birds.
multiple Federal science agencies by an DATE, MODIFY, OR REORGANIZE (5) SECRETARY.—The term ‘‘Secretary’’
awardee or group of awardees; CUSTOMS REVENUE FUNCTIONS. means the Secretary of Commerce, acting
(2) evaluates the effectiveness of existing (a) IN GENERAL.—Section 412 of the Home- through the Administrator of the National
mechanisms to detect waste, fraud, and land Security Act of 2002 (6 U.S.C. 212(b)) is Oceanic and Atmospheric Administration.
abuse perpetrated across multiple Federal amended— (b) FORCED LABOR IN FISHING.—
science agencies by an awardee or group of (1) in subsection (b)— (1) RULEMAKING.—Not later than one year
awardees; and (A) in paragraph (1)— after the date of the enactment of this Act,
(3) evaluates options for strengthening de- (i) by striking ‘‘consolidate, discontinue,’’ the Commissioner of U.S. Customs and Bor-
tection of waste, fraud, and abuse per- and inserting ‘‘discontinue’’; and der Protection, in coordination with the Sec-
petrated across multiple Federal science (ii) by inserting after ‘‘reduce the staffing retary, shall issue regulations regarding the
agencies by an awardee or group of awardees, level’’ the following: ‘‘below the optimal verification of seafood imports to ensure
including by examining the benefits and staffing level determined in the most recent that no seafood or seafood product harvested
drawbacks of— Resource Allocation Model required by sec- or produced using forced labor is entered
(A) providing additional support to agency tion 301(h) of the Customs Procedural Re- into the United States in violation of section
inspectors general with regard to coordi- form and Simplification Act of 1978 (19 U.S.C. 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
nated oversight of Federal and technology 2075(h))’’; and (2) STRATEGY.—The Commissioner of U.S.
grant making investments; and (B) in paragraph (2), by inserting ‘‘, Na- Customs and Border Protection, in coordina-
(B) alternative mechanisms for strength- tional Account Managers’’ after ‘‘Financial tion with the Secretary and the Secretary of
ening prevention and detection of waste, Systems Specialists’’; and the department in which the Coast Guard is
fraud, and abuse across Federal science agen- (2) by adding at the end the following: operating, shall—
cies perpetrated across multiple Federal ‘‘(d) AUTHORITY TO CONSOLIDATE, MODIFY, (A) develop a strategy for using data col-
science agencies by an awardee or group of OR REORGANIZE CUSTOMS REVENUE FUNC- lected under Seafood Import Monitoring Pro-
awardees, such as the establishment of a spe- TIONS.— gram to identify seafood imports at risk of
cial inspector general or other mechanisms ‘‘(1) IN GENERAL.—The Commissioner of being harvested or produced using forced
as the Comptroller General sees fit. U.S. Customs and Border Protection may, labor; and
subject to subsection (b), consolidate, mod- (B) publish information regarding the
SA 1995. Mr. WYDEN submitted an ify, or reorganize customs revenue functions strategy developed under subparagraph (A)
amendment intended to be proposed to delegated to the Commissioner under sub- on the website of U.S. Customs and Border
amendment SA 1502 proposed by Mr. section (a), including by adding such func- Protection.
SCHUMER to the bill S. 1260, to establish tions to existing positions or establishing (c) INTERNATIONAL ENGAGEMENT.—The
new or modifying existing job series, grades, United States Trade Representative, in co-
a new Directorate for Technology and titles, or classifications for personnel, and ordination with the Secretary of Commerce,
Innovation in the National Science associated support staff, performing such shall engage with interested countries re-
Foundation, to establish a regional functions. garding the development of compatible and
technology hub program, to require a ‘‘(2) POSITION CLASSIFICATION STANDARDS.— effective seafood tracking and sustainability
strategy and report on economic secu- At the request of the Commissioner, the Di- plans in order to—
rity, science, research, innovation, rector of the Office of Personnel Manage- (1) identify best practices;
manufacturing, and job creation, to es- ment shall establish new position classifica- (2) coordinate regarding data sharing;
tablish a critical supply chain resil- tion standards for any new positions estab- (3) reduce barriers to trade in fairly grown
lished by the Commissioner under paragraph or harvested fish; and
iency program, and for other purposes; (1).’’. (4) end the trade in products that—
which was ordered to lie on the table; (b) TECHNICAL CORRECTION.—Section (A) are harvested or produced using illegal,
as follows: 412(a)(1) of the Homeland Security Act of unregulated, or unreported fishing, human
At the end of title III of division F, add the 2002 (6 U.S.C. 212(a)(1)) is amended by strik- trafficking, or forced labor; or
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following: ing ‘‘403(a)(1)’’ and inserting ‘‘403(1)’’. (B) pose a risk of fraud.
SEC. 6302. TECHNICAL AND LEGAL SUPPORT FOR
ADDRESSING INTELLECTUAL PROP- SA 1997. Mr. WYDEN submitted an SA 1998. Mr. GRASSLEY (for himself
ERTY RIGHTS INFRINGEMENT
CASES.
amendment intended to be proposed to and Mr. WHITEHOUSE) submitted an
(a) IN GENERAL.—The head of any Federal amendment SA 1502 proposed by Mr. amendment intended to be proposed to
agency may provide support, as requested SCHUMER to the bill S. 1260, to establish amendment SA 1502 proposed by Mr.
and appropriate, to United States persons a new Directorate for Technology and SCHUMER to the bill S. 1260, to establish
seeking technical, legal, or other support in Innovation in the National Science a new Directorate for Technology and
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S3442 CONGRESSIONAL RECORD — SENATE May 25, 2021
Innovation in the National Science to be inadmissible under clause (ii) or (iii) of (A) affirmed the applicability of inter-
Foundation, to establish a regional section 212(a)(3)(A) of the Immigration and national law to state behavior in cyberspace;
technology hub program, to require a Nationality Act, as amended by subsection (B) called on states to refrain from cyber-
(b)(1), or deportable pursuant to clause (ii) or enabled theft of intellectual property for
strategy and report on economic secu-
(iii) of section 237(a)(4)(A) of such Act, as commercial gain; and
rity, science, research, innovation, amended by subsection (b)(2); and (C) endorsed the view that all states should
manufacturing, and job creation, to es- (2) the research institutions, private sector abide by norms of responsible behavior.
tablish a critical supply chain resil- companies or other entities, United States (7) The March 2016 Department of State
iency program, and for other purposes; Government agencies, and taxpayer-funded International Cyberspace Policy Strategy
which was ordered to lie on the table; organizations with which such foreign na- noted that ‘‘the Department of State antici-
as follows: tionals were associated. pates a continued increase and expansion of
At the end of title III of division B, add the
--- our cyber-focused diplomatic efforts for the
SA 1999. Mr. KING (for himself and foreseeable future’’.
following:
Mr. SASSE) submitted an amendment (8) On December 1, 2016, the Commission on
SEC. 2309. IMMIGRATION CONSEQUENCES OF
TRADE SECRET THEFT AND ECO- intended to be proposed to amendment Enhancing National Cybersecurity, which
NOMIC ESPIONAGE. SA 1502 proposed by Mr. SCHUMER to was established within the Department of
(a) SHORT TITLE.—This section may be the bill S. 1260, to establish a new Di- Commerce by Executive Order No. 13718 (81
cited as the ‘‘Stop Theft of Intellectual Prop- rectorate for Technology and Innova- Fed. Reg. 7441), recommended that ‘‘the
erty Act of 2021’’. tion in the National Science Founda- President should appoint an Ambassador for
(b) IN GENERAL.— Cybersecurity to lead U.S. engagement with
tion, to establish a regional technology
(1) INADMISSIBILITY.—Section 212(a)(3)(A) of the international community on cybersecu-
the Immigration and Nationality Act (8 hub program, to require a strategy and rity strategies, standards, and practices’’.
U.S.C. 1182(a)(3)(A)) is amended to read as report on economic security, science, (9) On April 11, 2017, the 2017 Group of 7
follows: research, innovation, manufacturing, Declaration on Responsible States Behavior
‘‘(3) SECURITY AND RELATED GROUNDS.— and job creation, to establish a critical in Cyberspace—
‘‘(A) IN GENERAL.—Any alien who a con- supply chain resiliency program, and (A) recognized ‘‘the urgent necessity of in-
sular officer, the Secretary of Homeland Se- for other purposes; which was ordered creased international cooperation to pro-
curity, or the Attorney General knows, or to lie on the table; as follows: mote security and stability in cyberspace’’;
has reasonable ground to believe, seeks to (B) expressed commitment to ‘‘promoting
At the appropriate place, insert the fol-
enter the United States to engage solely, a strategic framework for conflict preven-
lowing:
principally, or incidentally in— tion, cooperation and stability in cyber-
‘‘(i) any activity to violate any law of the Subtitle C—Cyber and Technology Diplomacy space, consisting of the recognition of the
United States relating to espionage or sabo- SEC. 4271. SHORT TITLE. applicability of existing international law to
tage; This subtitle may be cited as the ‘‘Cyber State behavior in cyberspace, the promotion
‘‘(ii) any activity to violate or evade any Diplomacy Act of 2021’’. of voluntary, non-binding norms of respon-
law prohibiting the export from the United SEC. 4272. FINDINGS. sible State behavior during peacetime, and
States of goods, technology, or sensitive in- Congress makes the following findings: the development and the implementation of
formation; (1) The stated goal of the United States practical cyber confidence building measures
‘‘(iii) any activity to violate any law of the International Strategy for Cyberspace, (CBMs) between States’’; and
United States or of any State relating to the launched on May 16, 2011, is to ‘‘work inter- (C) reaffirmed that ‘‘the same rights that
theft or misappropriation of trade secrets or nationally to promote an open, interoper- people have offline must also be protected
economic espionage; able, secure, and reliable information and online’’.
‘‘(iv) any other unlawful activity; or communications infrastructure that sup- (10) In testimony before the Select Com-
‘‘(v) any activity, a purpose of which is the ports international trade and commerce, mittee on Intelligence of the Senate on May
opposition to, or the control or overthrow of, strengthens international security, and fos- 11, 2017, Director of National Intelligence
the Government of the United States by ters free expression and innovation ... in Daniel R. Coats identified 6 cyber threat ac-
force, violence, or other unlawful means, which norms of responsible behavior guide tors, including—
is inadmissible.’’. states’ actions, sustain partnerships, and (A) Russia, for ‘‘efforts to influence the
(2) DEPORTABILITY.—Section 237(a)(4)(A) of support the rule of law in cyberspace’’. 2016 U.S. election’’;
the Immigration and Nationality Act (8 (2) In its June 24, 2013, report, the Group of (B) China, for ‘‘actively targeting the U.S.
U.S.C. 1227(a)(4)(A)) is amended to read as Governmental Experts on Developments in Government, its allies, and U.S. companies
follows: the Field of Information and Telecommuni- for cyber espionage’’;
‘‘(A) IN GENERAL.—Any alien who has en- cations in the Context of International Secu- (C) Iran, for ‘‘leverag[ing] cyber espionage,
gaged, is engaged, or at any time after ad- rity (referred to in this section as ‘‘GGE’’), propaganda, and attacks to support its secu-
mission, engages in— established by the United Nations General rity priorities, influence events and foreign
‘‘(i) any activity to violate any law of the Assembly, concluded that ‘‘State sov- perceptions, and counter threats’’;
United States relating to espionage or sabo- ereignty and the international norms and (D) North Korea, for ‘‘previously
tage; principles that flow from it apply to States’ conduct[ing] cyber-attacks against U.S.
‘‘(ii) any activity to violate or evade any conduct of ICT-related activities and to their commercial entities—specifically, Sony Pic-
law prohibiting the export from the United jurisdiction over ICT infrastructure with tures Entertainment in 2014’’;
States of goods, technology, or sensitive in- their territory’’. (E) terrorists, who ‘‘use the Internet to or-
formation; (3) In January 2015, China, Kazakhstan, ganize, recruit, spread propaganda, raise
‘‘(iii) any activity to violate any law of the Kyrgyzstan, Russia, Tajikistan, and Uzbek- funds, collect intelligence, inspire action by
United States or of any State relating to the istan proposed a troubling international code followers, and coordinate operations’’; and
theft or misappropriation of trade secrets or of conduct for information security, which (F) criminals, who ‘‘are also developing
economic espionage; could be used as a pretext for restricting po- and using sophisticated cyber tools for a va-
‘‘(iv) any other criminal activity that en- litical dissent, and includes ‘‘curbing the dis- riety of purposes including theft, extortion,
dangers public safety or national security; or semination of information that incites ter- and facilitation of other criminal activi-
‘‘(v) any activity, a purpose of which is the rorism, separatism or extremism or that in- ties’’.
opposition to, or the control or overthrow of, flames hatred on ethnic, racial or religious (11) Information and communication tech-
the Government of the United States by grounds’’. nologies are among a broader set of critical
force, violence, or other unlawful means, (4) In its July 22, 2015, consensus report, and emerging technologies that underpin
is deportable.’’. GGE found that ‘‘norms of responsible State United States national security and eco-
(c) ANNUAL REPORT OF INADMISSIBLE AND behavior can reduce risks to international nomic prosperity. The 2017 National Security
DEPORTABLE FOREIGN NATIONALS.—Not later peace, security and stability’’. Strategy noted the central importance of
than 180 days after the date of the enactment (5) On September 25, 2015, the United ‘‘emerging technologies . . . such as data
of this Act, and annually thereafter, the Sec- States and China announced a commitment science, encryption, autonomous tech-
retary of State, in cooperation with the Sec- that neither country’s government ‘‘will nologies, gene editing, new materials, nano-
retary of Homeland Security and the Attor- conduct or knowingly support cyber-enabled technology, advanced computing tech-
SSpencer on DSK126QN23PROD with SENATE
ney General, shall submit a report to the theft of intellectual property, including nologies, and artificial intelligence.’’.
Chair and Ranking Member of the Com- trade secrets or other confidential business (12) The 21st century will increasingly be
mittee on the Judiciary of the Senate and of information, with the intent of providing defined by economic and military competi-
the Committee on the Judiciary of the House competitive advantages to companies or tion rooted in technological advances. Lead-
of Representatives that identifies— commercial sectors’’. ers in adopting critical and emerging tech-
(1) the nationality and visa admission cat- (6) At the Antalya Summit on November 15 nologies, and those who shape the use of such
egory of each of the foreign nationals who and 16, 2015, the Group of 20 Leaders’ technologies, will garner economic, military,
was determined, during the reporting period, communiqué— and political strength for decades.
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3443
SEC. 4273. DEFINITIONS. harms the information systems of authorized ‘‘(vi) to act as a liaison to civil society, the
In this subtitle: emergency response teams (also known as private sector, academia, and other public
(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘computer emergency response teams’’ or and private entities on relevant inter-
TEES.—The term ‘‘appropriate congressional ‘‘cybersecurity incident response teams’’) of national cyberspace issues;
committees’’ means the Committee on For- another country or authorize emergency re- ‘‘(vii) to lead United States Government ef-
eign Relations of the Senate and the Com- sponse teams to engage in malicious inter- forts to establish a global deterrence frame-
mittee on Foreign Affairs of the House of national activity. work for malicious cyber activity;
Representatives. (E) Countries should respond to appro- ‘‘(viii) to develop and execute adversary-
(2) EXECUTIVE AGENCY.—The term ‘‘Execu- priate requests for assistance to mitigate specific strategies to influence adversary de-
tive agency’’ has the meaning given such malicious ICT activity emanating from their cisionmaking through the imposition of
term in section 105 of title 5, United States territory and aimed at the critical infra- costs and deterrence strategies, in coordina-
Code. structure of another country. tion with other relevant Executive agencies;
(3) INFORMATION AND COMMUNICATIONS TECH- (F) Countries should not restrict cross-bor- ‘‘(ix) to advise the Secretary and coordi-
NOLOGY; ICT.—The terms ‘‘information and der data flows or require local storage or nate with foreign governments on external
communications technology’’ and ‘‘ICT’’ in- processing of data. responses to national security-level cyber in-
clude hardware, software, and other products (G) Countries should protect the exercise cidents, including coordination on diplo-
or services primarily intended to fulfill or of human rights and fundamental freedoms matic response efforts to support allies
enable the function of information proc- on the Internet and commit to the principle threatened by malicious cyber activity, in
essing and communication by electronic that the human rights that people have off- conjunction with members of the North At-
means, including transmission and display, line should also be protected online. lantic Treaty Organization and other like-
including via the Internet. (6) Advancing, encouraging, and supporting minded countries;
SEC. 4274.UNITED STATES INTERNATIONAL the development and adoption of inter- ‘‘(x) to promote the adoption of national
CYBERSPACE POLICY. processes and programs that enable threat
nationally recognized technical standards
(a) IN GENERAL.—It shall be the policy of and best practices. detection, prevention, and response to mali-
the United States to work internationally to cious cyber activity emanating from the ter-
SEC. 4275. DEPARTMENT OF STATE RESPONSIBIL-
promote an open, interoperable, reliable, un- ritory of a foreign country, including as such
ITIES.
fettered, and secure Internet governed by the activity relates to the United States’ Euro-
multi-stakeholder model, which— (a) IN GENERAL.—Section 1 of the State De-
pean allies, as appropriate;
(1) promotes human rights, democracy, and partment Basic Authorities Act of 1956 (22
‘‘(xi) to promote the building of foreign ca-
rule of law, including freedom of expression, U.S.C. 2651a) is amended— pacity relating to cyberspace policy prior-
innovation, communication, and economic (1) by redesignating subsections (g) and (h) ities;
prosperity; and as subsections (h) and (i), respectively; and ‘‘(xii) to promote the maintenance of an
(2) respects privacy and guards against de- (2) by inserting after subsection (f) the fol- open and interoperable Internet governed by
ception, fraud, and theft. lowing: the multistakeholder model, instead of by
(b) IMPLEMENTATION.—In implementing the ‘‘(g) BUREAU OF INTERNATIONAL CYBER- centralized government control;
policy described in subsection (a), the Presi- SPACE POLICY.— ‘‘(xiii) to promote an international regu-
dent, in consultation with outside actors, in- ‘‘(1) IN GENERAL.—The Secretary of State latory environment for technology invest-
cluding private sector companies, non- shall establish, within the Department of ments and the Internet that benefits United
governmental organizations, security re- State, the Bureau of International Cyber- States economic and national security inter-
searchers, and other relevant stakeholders, space Policy (referred to in this subsection ests;
in the conduct of bilateral and multilateral as the ‘Bureau’). The head of the Bureau ‘‘(xiv) to promote cross-border flow of data
relations, shall pursue the following objec- shall have the rank and status of ambassador and combat international initiatives seeking
tives: and shall be appointed by the President, by to impose unreasonable requirements on
(1) Clarifying the applicability of inter- and with the advice and consent of the Sen- United States businesses;
national laws and norms to the use of ICT. ate. ‘‘(xv) to promote international policies to
(2) Reducing and limiting the risk of esca- ‘‘(2) DUTIES.— protect the integrity of United States and
lation and retaliation in cyberspace, damage ‘‘(A) IN GENERAL.—The head of the Bureau international telecommunications infra-
to critical infrastructure, and other mali- shall perform such duties and exercise such structure from foreign-based, cyber-enabled
cious cyber activity that impairs the use and powers as the Secretary of State shall pre- threats;
operation of critical infrastructure that pro- scribe, including implementing the policy of ‘‘(xvi) to lead engagement, in coordination
vides services to the public. the United States described in section 4274 of with relevant Executive agencies, with for-
(3) Cooperating with like-minded demo- the Cyber Diplomacy Act of 2021. eign governments on relevant international
cratic countries that share common values ‘‘(B) DUTIES DESCRIBED.—The principal du- cyberspace and digital economy issues de-
and cyberspace policies with the United ties and responsibilities of the head of the scribed in the Cyber Diplomacy Act of 2021;
States, including respect for human rights, Bureau shall be— ‘‘(xvii) to promote international policies to
democracy, and the rule of law, to advance ‘‘(i) to serve as the principal cyberspace secure radio frequency spectrum for United
such values and policies internationally. policy official within the senior management States businesses and national security
(4) Encouraging the responsible develop- of the Department of State and as the advi- needs;
ment of new, innovative technologies and sor to the Secretary of State for cyberspace ‘‘(xviii) to promote and protect the exer-
ICT products that strengthen a secure Inter- issues; cise of human rights, including freedom of
net architecture that is accessible to all. ‘‘(ii) to lead the Department of State’s dip- speech and religion, through the Internet;
(5) Securing and implementing commit- lomatic cyberspace efforts, including efforts ‘‘(xix) to promote international initiatives
ments on responsible country behavior in relating to international cybersecurity, to strengthen civilian and private sector re-
cyberspace based upon accepted norms, in- Internet access, Internet governance and on- siliency to threats in cyberspace;
cluding the following: line freedom, relevant elements of the dig- ‘‘(xx) to build capacity of United States
(A) Countries should not conduct, or know- ital economy, cybercrime, deterrence and diplomatic officials to engage on cyberspace
ingly support, cyber-enabled theft of intel- international responses to cyber threats, and issues;
lectual property, including trade secrets or other issues that the Secretary assigns to ‘‘(xxi) to encourage the development and
other confidential business information, the Bureau; adoption by foreign countries of internation-
with the intent of providing competitive ad- ‘‘(iii) to coordinate cyberspace policy and ally recognized cyber standards, policies, and
vantages to companies or commercial sec- other relevant functions within the Depart- best practices;
tors. ment of State and with other components of ‘‘(xxii) to consult, as appropriate, with
(B) Countries should take all appropriate the United States Government, including— other Executive agencies with related func-
and reasonable efforts to keep their terri- ‘‘(I) through the Cyberspace Policy Coordi- tions vested in such Executive agencies by
tories clear of intentionally wrongful acts nating Committee described in paragraph (6); law; and
using ICTs in violation of international com- and ‘‘(xxiii) to conduct such other matters as
mitments. ‘‘(II) by convening other coordinating the Secretary of State may assign.
(C) Countries should not conduct or know- meetings with appropriate officials from the ‘‘(3) QUALIFICATIONS.—The head of the Bu-
ingly support ICT activity that, contrary to Department and other components of the reau should be an individual of demonstrated
international law, intentionally damages or United States Government on a regular competency in the fields of—
SSpencer on DSK126QN23PROD with SENATE
otherwise impairs the use and operation of basis; ‘‘(A) cybersecurity and other relevant
critical infrastructure providing services to ‘‘(iv) to promote an open, interoperable, re- cyberspace issues; and
the public, and should take appropriate liable, and secure information and commu- ‘‘(B) international diplomacy.
measures to protect their critical infrastruc- nications technology infrastructure globally; ‘‘(4) ORGANIZATIONAL PLACEMENT.—During
ture from ICT threats. ‘‘(v) to represent the Secretary of State in the 1-year period beginning on the date of
(D) Countries should not conduct or know- interagency efforts to develop and advance the enactment of the Cyber Diplomacy Act
ingly support malicious international activ- the policy described in section 4274 of the of 2021, the head of the Bureau shall report to
ity that, contrary to international law, Cyber Diplomacy Act of 2021; the Under Secretary for Political Affairs or
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S3444 CONGRESSIONAL RECORD — SENATE May 25, 2021
to an official holding a higher position in the Cyberspace Policy established under section (A) conducting bilateral and multilateral
Department of State than the Under Sec- 1(g) of the State Department Basic Authori- activities to—
retary for Political Affairs. After the conclu- ties Act of 1956, as added by subsection (a), (i) develop norms of responsible country
sion of such period, the head of the Bureau should have a diverse workforce composed of behavior in cyberspace consistent with the
may report to a different Under Secretary or qualified individuals, including such individ- objectives specified in section 4274(b)(5); and
to an official holding a higher position than uals from traditionally under-represented (ii) share best practices and advance pro-
Under Secretary if, not less than 15 days be- groups. posals to strengthen civilian and private sec-
fore any change in such reporting structure, (c) UNITED NATIONS.—The Permanent Rep- tor resiliency to threats and access to oppor-
the Secretary of State consults with and pro- resentative of the United States to the tunities in cyberspace; and
vides to the Committee on Foreign Relations United Nations should use the voice, vote, (B) reviewing the status of existing efforts
of the Senate and the Committee on Foreign and influence of the United States to oppose in relevant multilateral fora, as appropriate,
Affairs of the House of Representatives— any measure that is inconsistent with the to obtain commitments on international
‘‘(A) a notification that the Secretary has, policy described in section 4274. norms in cyberspace;
with respect to the reporting structure of (d) SPECIAL HIRING AUTHORITIES.—The Sec- (3) a review of alternative concepts with
the Bureau, consulted with and solicited retary of State may— regard to international norms in cyberspace
feedback from— (1) appoint employees without regard to offered by foreign countries;
‘‘(i) other relevant Federal entities with a the provisions of title 5, United States Code, (4) a detailed description of new and evolv-
role in international aspects of cyber policy; regarding appointments in the competitive ing threats in cyberspace from foreign adver-
and service; and saries, state-sponsored actors, and private
‘‘(ii) the elements of the Department of (2) fix the basic compensation of such em- actors to—
State with responsibility over aspects of ployees without regard to chapter 51 and (A) United States national security;
cyber policy, including the elements report- subchapter III of chapter 53 of such title re- (B) Federal and private sector cyberspace
ing to— garding classification and General Schedule infrastructure of the United States;
‘‘(I) the Under Secretary for Political Af- pay rates. (C) intellectual property in the United
fairs; SEC. 4276. BRIEFINGS ON INTERNATIONAL EXEC- States; and
‘‘(II) the Under Secretary for Civilian Se- UTIVE ARRANGEMENTS.
(D) the privacy and security of citizens of
curity, Democracy, and Human Rights; (a) EXISTING EXECUTIVE ARRANGEMENTS.— the United States;
‘‘(III) the Under Secretary for Economic Not later than 180 days after the date of the (5) a review of policy tools available to the
Growth, Energy, and the Environment; enactment of this Act, the Secretary of President to deter and de-escalate tensions
‘‘(IV) the Under Secretary for Arms Con- State shall brief the appropriate congres- with foreign countries, state-sponsored ac-
trol and International Security Affairs; and sional committees regarding any executive tors, and private actors regarding threats in
‘‘(V) the Under Secretary for Management; bilateral or multilateral cyberspace arrange-
cyberspace, the degree to which such tools
‘‘(B) a description of— ment in effect before such date of enact-
have been used, and whether such tools have
‘‘(i) the new reporting structure for the ment, including—
been effective deterrents;
head of the Bureau; and (1) the arrangement announced between
(6) a review of resources required to con-
‘‘(ii) the data and evidence used to justify the United States and Japan on April 25,
duct activities to build responsible norms of
such new structure; and 2014;
international cyber behavior; and
‘‘(C) a plan describing how the new report- (2) the arrangement announced between
(7) a plan of action, developed in consulta-
ing structure will better enable the head of the United States and the United Kingdom
tion with relevant Federal departments and
the Bureau to carry out the responsibilities on January 16, 2015;
agencies as the President may direct, to
specified in paragraph (2), including the se- (3) the arrangement announced between
guide the diplomacy of the Department of
curity, economic, and human rights aspects the United States and China on September
State with regard to inclusion of cyber
of cyber diplomacy. 25, 2015;
issues in mutual defense agreements.
‘‘(5) RULE OF CONSTRUCTION.—Nothing in (4) the arrangement announced between (c) FORM OF STRATEGY.—
this subsection may be construed to preclude the United States and Korea on October 16, (1) PUBLIC AVAILABILITY.—The strategy re-
the head of the Bureau from being des- 2015; quired under subsection (a) shall be available
ignated as an Assistant Secretary, if such an (5) the arrangement announced between to the public in unclassified form, including
Assistant Secretary position does not in- the United States and Australia on January through publication in the Federal Register.
crease the number of Assistant Secretary po- 19, 2016; (2) CLASSIFIED ANNEX.—The strategy re-
sitions at the Department above the number (6) the arrangement announced between quired under subsection (a) may include a
authorized under subsection (c)(1). the United States and India on June 7, 2016; classified annex, consistent with United
‘‘(6) COORDINATION.— (7) the arrangement announced between States national security interests, if the Sec-
‘‘(A) CYBERSPACE POLICY COORDINATING the United States and Argentina on April 27, retary of State determines that such annex
COMMITTEE.—There is established a senior- 2017; is appropriate.
level Cyberspace Policy Coordinating Com- (8) the arrangement announced between (d) BRIEFING.—Not later than 30 days after
mittee to ensure that cyberspace issues re- the United States and Kenya on June 22, the completion of the strategy required
ceive broad senior level-attention and co- 2017; under subsection (a), the Secretary of State
ordination across the Department of State (9) the arrangement announced between shall brief the appropriate congressional
and provide ongoing oversight of such issues. the United States and Israel on June 26, 2017; committees regarding the strategy, includ-
The Cyberspace Policy Coordinating Com- (10) the arrangement announced between ing any material contained in a classified
mittee shall be chaired by the head of the the United States and France on February 9, annex.
Bureau or an official of the Department of 2018; (e) UPDATES.—The strategy required under
State holding a higher position, and operate (11) the arrangement announced between subsection (a) shall be updated—
on an ongoing basis, meeting not less fre- the United States and Brazil on May 14, 2018; (1) not later than 90 days after any mate-
quently than quarterly. Committee members and rial change to United States policy described
shall include appropriate officials at the As- (12) any other similar bilateral or multilat- in such strategy; and
sistant Secretary level or higher from— eral arrangement announced before such (2) not later than 1 year after the inaugura-
‘‘(i) the Under Secretariat for Political Af- date of enactment. tion of each new President.
fairs; SEC. 4277. INTERNATIONAL STRATEGY FOR SEC. 4278. ANNUAL COUNTRY REPORTS ON
‘‘(ii) the Under Secretariat for Civilian Se- CYBERSPACE. HUMAN RIGHTS PRACTICES.
curity, Democracy, and Human Rights; (a) STRATEGY REQUIRED.—Not later than 1 The Foreign Assistance Act of 1961 (22
‘‘(iii) the Under Secretariat for Economic year after the date of the enactment of this U.S.C. 2151 et seq.) is amended—
Growth, Energy and the Environment; Act, the President, acting through the Sec- (1) in section 116 (22 U.S.C. 2151n), by add-
‘‘(iv) the Under Secretariat for Arms Con- retary of State, and in coordination with the ing at the end the following:
trol and International Security; heads of other relevant Federal departments ‘‘(h) FREEDOM OF EXPRESSION ASSESS-
‘‘(v) the Under Secretariat for Manage- and agencies, shall develop a strategy relat- MENT.—
ment; and ing to United States engagement with for- ‘‘(1) IN GENERAL.—The report required
‘‘(vi) other senior level Department par- eign governments on international norms under subsection (d) shall include an assess-
ticipants, as appropriate. with respect to responsible state behavior in ment of freedom of expression with respect
cyberspace. to electronic information in each foreign
SSpencer on DSK126QN23PROD with SENATE
‘‘(B) OTHER MEETINGS.—The head of the Bu-
reau shall convene other coordinating meet- (b) ELEMENTS.—The strategy required country, which shall include—
ings with appropriate officials from the De- under subsection (a) shall include— ‘‘(A)(i) an assessment of the extent to
partment of State and other components of (1) a review of actions and activities under- which government authorities in the country
the United States Government to ensure reg- taken to support the policy described in sec- inappropriately attempt to filter, censor, or
ular coordination and collaboration on cross- tion 4274; otherwise block or remove nonviolent ex-
cutting cyber policy issues.’’. (2) a plan of action to guide the diplomacy pression of political or religious opinion or
(b) SENSE OF CONGRESS.—It is the sense of of the Department of State with regard to belief through the Internet, including elec-
Congress that the Bureau of International foreign countries, including— tronic mail; and
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3445
‘‘(ii) a description of the means by which without due process personally identifiable (F) how the Department of State is inte-
such authorities attempt to inappropriately information of a person in connection with grating the critical and emerging tech-
block or remove such expression; that person’s nonviolent expression of polit- nologies mission with the cyber mission; and
‘‘(B) an assessment of the extent to which ical, religious, or ideological opinion or be- (4) any other matters that the Comptroller
government authorities in the country have lief, including expression that would be pro- General determines to be relevant.
persecuted or otherwise punished, arbitrarily tected by the International Covenant on SEC. 4280. STRATEGY FOR CRITICAL AND EMERG-
and without due process, an individual or Civil and Political Rights, adopted at New ING TECHNOLOGIES.
group for the nonviolent expression of polit- York December 16, 1966, and entered into Not later than 180 days after the date of
ical, religious, or ideological opinion or be- force March 23, 1976, as interpreted by the enactment of this Act, the Secretary of
lief through the Internet, including elec- United States; and State shall submit to the appropriate con-
tronic mail; ‘‘(D) an assessment of the extent to which gressional committees a strategy for critical
‘‘(C) an assessment of the extent to which wire communications and electronic commu- and emerging technologies that—
government authorities in the country have nications are monitored without due process (1) identifies key international and diplo-
sought, inappropriately and with malicious and in contravention to United States policy matic issues related to critical and emerging
intent, to collect, request, obtain, or disclose with respect to the principles of privacy, technologies;
without due process personally identifiable human rights, democracy, and rule of law. (2) identifies the specific components of
information of a person in connection with ‘‘(2) CONSULTATION.—In compiling data and the Department of State accountable for the
that person’s nonviolent expression of polit- making assessments under paragraph (1), issues identified in paragraph (1);
ical, religious, or ideological opinion or be- United States diplomatic personnel should (3) defines the processes by which the De-
lief, including expression that would be pro- consult with relevant entities, including partment of State will identify, understand,
tected by the International Covenant on human rights organizations, the private sec- and allocate responsibilities for novel tech-
Civil and Political Rights, adopted at New tor, the governments of like-minded coun- nologies;
York December 16, 1966, and entered into tries, technology and Internet companies, (4) defines the processes for reporting and
force March 23, 1976, as interpreted by the and other appropriate nongovernmental or- information sharing within the Department
United States; and ganizations or entities. of State;
‘‘(D) an assessment of the extent to which ‘‘(3) DEFINITIONS.—In this subsection— (5) defines the processes for interagency
wire communications and electronic commu- ‘‘(A) the term ‘electronic communication’ consultation and collaboration;
nications are monitored without due process has the meaning given the term in section (6) identifies how existing processes at the
and in contravention to United States policy 2510 of title 18, United States Code; Department of State will be integrated into
with respect to the principles of privacy, ‘‘(B) the term ‘Internet’ has the meaning new efforts by the Department of State on
human rights, democracy, and rule of law. given the term in section 231(e)(3) of the critical and emerging technologies; and
‘‘(2) CONSULTATION.—In compiling data and Communications Act of 1934 (47 U.S.C. (7) defines a strategy for recruiting train-
making assessments under paragraph (1), 231(e)(3)); ing, and retaining additional personnel need-
United States diplomatic personnel should ‘‘(C) the term ‘personally identifiable in- ed to implement the strategy, including indi-
consult with relevant entities, including formation’ means data in a form that identi- viduals with significant expertise and train-
human rights organizations, the private sec- ing in science, technology, engineering, and
fies a particular person; and
tor, the governments of like-minded coun- mathematics.
‘‘(D) the term ‘wire communication’ has
tries, technology and Internet companies,
the meaning given the term in section 2510 of
and other appropriate nongovernmental or- SA 2000. Mr. SCOTT of Florida (for
title 18, United States Code.’’.
ganizations or entities. himself and Mr. RUBIO) submitted an
‘‘(3) DEFINITIONS.—In this subsection— SEC. 4279. GAO REPORT ON CYBER AND TECH-
NOLOGY DIPLOMACY. amendment intended to be proposed to
‘‘(A) the term ‘electronic communication’
Not later than 1 year after the date of the amendment SA 1502 proposed by Mr.
has the meaning given such term in section
2510 of title 18, United States Code; enactment of this Act, the Comptroller Gen- SCHUMER to the bill S. 1260, to establish
‘‘(B) the term ‘Internet’ has the meaning eral of the United States shall submit a re- a new Directorate for Technology and
given such term in section 231(e)(3) of the port and provide a briefing to the appro- Innovation in the National Science
Communications Act of 1934 (47 U.S.C. priate congressional committees that in- Foundation, to establish a regional
231(e)(3)); cludes— technology hub program, to require a
‘‘(C) the term ‘personally identifiable in- (1) an assessment of the extent to which strategy and report on economic secu-
formation’ means data in a form that identi- United States diplomatic processes and other rity, science, research, innovation,
fies a particular person; and efforts with foreign countries, including
manufacturing, and job creation, to es-
‘‘(D) the term ‘wire communication’ has through multilateral fora, bilateral engage-
ments, and negotiated cyberspace agree- tablish a critical supply chain resil-
the meaning given such term in section 2510
of title 18, United States Code.’’; and ments, advance the full range of United iency program, and for other purposes;
(2) in section 502B (22 U.S.C. 2304)— States interests in cyberspace, including the which was ordered to lie on the table;
(A) by redesignating the second subsection policy described in section 4274; as follows:
(i) (relating to child marriage) as subjection (2) an assessment of the extent to which At the end of title III of division F, add the
(j); and United States diplomatic processes and other following:
(B) by adding at the end the following: efforts with foreign countries, including SEC. 6302. CERTIFICATION REQUIRED TO RE-
‘‘(k) FREEDOM OF EXPRESSION ASSESS- through multilateral fora, bilateral engage- MOVE ENTITIES FROM ENTITY LIST.
MENT.— ments, and negotiated agreements, advance The Secretary of Commerce may not re-
‘‘(1) IN GENERAL.—The report required the full range of United States interests with move any entity from the entity list main-
under subsection (b) shall include an assess- respect to critical and emerging tech- tained by the Bureau of Industry and Secu-
ment of freedom of expression with respect nologies; rity and set forth in Supplement No. 4 to
to electronic information in each foreign (3) an assessment of the Department of part 744 of title 15, Code of Federal Regula-
country, which shall include— State’s organizational structure and its ap- tions, until the Secretary certifies to Con-
‘‘(A)(i) an assessment of the extent to proach to managing its diplomatic efforts to gress that the entity is no longer reasonably
which government authorities in the country advance the full range of United States in- believed to be involved in activities contrary
inappropriately attempt to filter, censor, or terests in cyberspace and with respect to to national security or foreign policy inter-
otherwise block or remove nonviolent ex- critical and emerging technologies, includ- ests of the United States.
pression of political or religious opinion or ing a review of—
belief through the Internet, including elec- (A) the establishment of a bureau in the SA 2001. Ms. HASSAN (for herself and
tronic mail; and Department of State to lead the Depart- Ms. ERNST) submitted an amendment
‘‘(ii) a description of the means by which ment’s international cyber mission; intended to be proposed by her to the
such authorities attempt to inappropriately (B) the current or proposed diplomatic bill S. 1260, to establish a new Direc-
block or remove such expression; mission, structure, staffing, funding, and ac- torate for Technology and Innovation
‘‘(B) an assessment of the extent to which tivities of such bureau; in the National Science Foundation, to
government authorities in the country have (C) how the establishment of such bureau establish a regional technology hub
persecuted or otherwise punished, arbitrarily has impacted or is likely to impact the program, to require a strategy and re-
and without due process, an individual or structure and organization of the Depart-
SSpencer on DSK126QN23PROD with SENATE
port on economic security, science, re-
group for the nonviolent expression of polit- ment of State;
search, innovation, manufacturing, and
ical, religious, or ideological opinion or be- (D) what challenges, if any, the Depart-
lief through the Internet, including elec- ment of State has faced or will face in estab- job creation, to establish a critical sup-
tronic mail; lishing such bureau; ply chain resiliency program, and for
‘‘(C) an assessment of the extent to which (E) the current and proposed diplomatic other purposes; which was ordered to
government authorities in the country have mission, structure, staffing, funding, and ac- lie on the table; as follows:
sought, inappropriately and with malicious tivities related to critical and emerging At the appropriate place, insert the fol-
intent, to collect, request, obtain, or disclose technologies; and lowing:
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S3446 CONGRESSIONAL RECORD — SENATE May 25, 2021
SEC. llll. VIRTUAL CURRENCIES AND THEIR SEC. 6134. TEACHER EDUCATION PROGRAMS FOR mit an application to the Secretary, at such
GLOBAL USE. COMPUTER SCIENCE EDUCATION. time in such manner, and containing such
(a) REPORT.—Not later than 2 years after Part B of title II of the Higher Education information as the Secretary may require,
the date of enactment of this Act, the Sec- Act of 1965 is amended (20 U.S.C. 1021 et seq.) which shall include—
retary of the Treasury, in consultation with by adding at the end the following: ‘‘(A) a demonstration of the need for teach-
the Attorney General, the United States ‘‘Subpart 6—Teacher Education Programs for ers with the certification or licensure re-
Trade Representative, the Board of Gov- Computer Science Education quirements that enable them to teach com-
ernors of the Federal Reserve System, the ‘‘SEC. 259. TEACHER EDUCATION PROGRAMS FOR puter science at the elementary and sec-
Office of the Director of National Intel- COMPUTER SCIENCE EDUCATION. ondary level in the geographic area or State
ligence, and any other agencies or depart- ‘‘(a) PROGRAM AUTHORIZED.—From the in which the institution is located;
ments that the Secretary of the Treasury de- amounts appropriated to carry out this sec- ‘‘(B) the plan to ensure the longevity of the
termines are necessary, shall submit to the tion, the Secretary may award competitive program after the end of the grant; and
Committee on Agriculture, Nutrition, and grants to eligible institutions to establish ‘‘(C) the plan to scale up the program (in-
Forestry, Committee on Finance, the Com- centers of excellence in teacher education cluding the plan for the number of personnel
mittee on Banking, Housing, and Urban Af- programs to support computer science edu- to be hired, a description of their expected
fairs, the Committee on Foreign Relations, cation and computational thinking skill de- qualifications and titles, the number of fel-
and the Committee on the Judiciary of the velopment. lowships and scholarships to be awarded, the
Senate and the Committee on Agriculture, ‘‘(b) USE OF FUNDS.—A grant awarded to an estimated administrative expenses, proposed
the Committee on Ways and Means, the eligible institution under this section— academic advising strategy, and organizing
Committee on Foreign Affairs, the Com- ‘‘(1) shall be used by such institution to en- and outreach to maintain virtual community
mittee on the Judiciary, and Committee on sure that current and future teachers meet
of computer science educators).
Financial Services of the House of Rep- the applicable State certification and licen-
‘‘(2) EQUITABLE DISTRIBUTION.—The Sec-
resentatives a report on virtual currency and sure requirements in a field that will enable
retary shall award grants under this section
their global use, which shall— them to teach computer science in their
in a manner that ensures an equitable dis-
(1) assess how foreign countries use and State at the elementary and secondary
tribution of grants—
mine virtual currencies, including identi- school levels, by—
‘‘(A) to rural and urban eligible institu-
fying the largest state and private industry ‘‘(A) creating teacher education programs
tions;
users and miners of virtual currency, policies that meet the requirements of section
‘‘(B) to eligible institutions that qualify
foreign countries have adopted to encourage 200(6)(A)(iv) and offer, through hands-on and
for a waiver under subsection (e)(2); and
classroom teaching activities with in-service
virtual currency use and mining, and how ‘‘(C) to eligible institutions that are lo-
teachers—
foreign countries could be strengthened or cated in areas where there is a need for in-
‘‘(i) doctoral, master’s, or bachelor’s de-
undermined by the use and mining of creasing computer science education oppor-
grees in teaching computer science at the el-
cryptocurrencies within their borders; tunities.
ementary school and secondary school levels;
(2) identify, to the greatest extent prac- ‘‘(e) MATCHING REQUIREMENT.—
or
ticable, the types and dollar value of virtual ‘‘(1) IN GENERAL.—To receive a grant under
‘‘(ii) teaching endorsements in computer
currency mined for each of fiscal years 2016 this section, an eligible entity shall provide,
science, in the case of a teacher with related
through 2022 within the United States and from non-Federal sources, an amount that is
State certification and licensure require-
globally, as well as within the People’s Re- not less than 50 percent of the amount of the
ments or a student who is pursuing certifi-
public of China and within any other coun- grant, which may be provided in cash or in-
cation and licensure requirements in related
tries the Secretary of the Treasury deter- kind, to carry out the activities supported
fields, such as mathematics and science;
mines are relevant; and by the grant.
‘‘(B) ensuring that current and future
(3) identify vulnerabilities, including those ‘‘(2) WAIVER.—The Secretary shall waive
teachers who graduate from such programs
related to supply disruptions and technology all or part of the matching requirement de-
meet the applicable State certification and
availability of the global microelectronic scribed in paragraph (1) for any fiscal year
licensure requirements, including any re-
supply chain, and opportunities with respect the Secretary determines that applying such
quirements for certification obtained
to virtual currency mining operations. requirement to the eligible institution would
through alternative routes to certification,
(b) CLASSIFIED ANNEX.—The report re- result in serious hardship or an inability to
or, with regard to special education teachers,
quired under subsection (a) shall be sub- carry out the authorized activities described
the qualifications described in section
mitted in unclassified form, but may contain in this section.
612(a)(14)(C) of the Individuals with Disabil-
a classified annex. ‘‘(f) REPORT TO CONGRESS.—Not later than
ities Education Act;
--- ‘‘(C) recruiting individuals to enroll in 2 years after the first grant is awarded under
SA 2002. Ms. ROSEN (for herself and such programs, including subject matter ex- his section and each year thereafter, the Sec-
Mr. WICKER) submitted an amendment perts and professionals in fields related to retary shall submit to Congress a report on
intended to be proposed to amendment computer science; and the success of the program based on metrics
SA 1502 proposed by Mr. SCHUMER to ‘‘(D) awarding scholarships and fellowships determined by the Secretary, including the
the bill S. 1260, to establish a new Di- of not more than $4,000 per student based on number of centers established, the number of
financial need and to recruit traditionally enrolled students, and the number of quali-
rectorate for Technology and Innova- fied teachers.
tion in the National Science Founda- underrepresented groups in computer science
to help such students pay the cost of attend- ‘‘(g) TECHNICAL ASSISTANCE.—The Sec-
tion, to establish a regional technology retary shall use up to 5 percent of the
ance (as defined in section 472); and
hub program, to require a strategy and ‘‘(2) may be used by such institution to amount appropriated for each fiscal year to
report on economic security, science, conduct research in computer science edu- provide technical assistance to eligible insti-
research, innovation, manufacturing, cation and computational thinking skills to tutions.
and job creation, to establish a critical improve instruction in such areas. ‘‘(h) DEFINITIONS.—In this section:
supply chain resiliency program, and ‘‘(c) DURATION.— ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eli-
for other purposes; which was ordered ‘‘(1) IN GENERAL.—A grant under this sec- gible institution’ means an institution of
tion shall be awarded for 5 years, conditional higher education, as defined in section 101,
to lie on the table; as follows: which may be in a partnership with a non-
upon a satisfactory report to the Secretary
At the end of title I of division F, add the of progress with respect to the program car- profit organization.
following: ried out with the grant after the first 3 years ‘‘(2) COMPUTER SCIENCE.—The term ‘com-
Subtitle D—Teach CS Act of the grant period. puter science’ means the study of computers,
SEC. 6131. SHORT TITLE. ‘‘(2) REPORT OF PROGRESS.—Such report of including algorithmic processes and the
progress on the program shall include data study of computing principles and theories,
This subtitle may be cited as the ‘‘Teacher
on the number of students and instructors as defined by a State, and may include in-
Education for Computer Science Act’’ or the
enrolled, information on former graduates struction or learning on—
‘‘Teach CS Act’’.
(including on how many earn teaching cer- ‘‘(A) computer programming or coding as a
SEC. 6132. TEACHER QUALITY ENHANCEMENT.
tification or licensure in a field that will en- tool to—
Section 204(a)(4)(G)(i) of the Higher Edu- able them to teach computer science in their ‘‘(i) create software, such as applications,
cation Act of 1965 (20 U.S.C. 1022c(a)(4)(G)(i)) State at the secondary level, be prepared to games, and websites; and
SSpencer on DSK126QN23PROD with SENATE
is amended by inserting ‘‘and development of teach computer science at the elementary ‘‘(ii) process, manage, analyze, or manipu-
computational thinking skills’’ after ‘‘inte- level, and support students in developing late data;
grate technology’’. computational thinking skills), and data on ‘‘(B) development and management of com-
SEC. 6133. ENHANCING TEACHER EDUCATION. any additional funding (other than Federal puter hardware related to sharing, proc-
Section 232(c)(2) of the Higher Education funds) received to carry out the program. essing, representing, securing, and using dig-
Act of 1965 (20 U.S.C. 1032a(c)(2)) is amended ‘‘(d) APPLICATION.— ital information; and
by inserting ‘‘and development of computa- ‘‘(1) IN GENERAL.—An eligible institution ‘‘(C) computational thinking skills and
tional thinking skills,’’ after ‘‘technology’’. desiring a grant under this section shall sub- interdisciplinary problem-solving to equip
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3447
students with the skills and abilities nec- House of Representatives the plan developed (2) FORM.—The report submitted under
essary to apply computational thinking in under paragraph (1). paragraph (1) shall be submitted in unclassi-
the digital world. (b) CONTENTS OF PLAN.—At a minimum, the fied form, but may include a classified
‘‘(3) COMPUTATIONAL THINKING.—The term plan required by subsection (a) shall include annex.
‘computational thinking’ means critical the following: (3) APPROPRIATE COMMITTEES OF CONGRESS
thinking skills that— (1) A roadmap for adopting a hoteling DEFINED.—In this subsection, the term ‘‘ap-
‘‘(A) include knowledge of how problems model to allow trusted small- and medium- propriate committees of Congress’’ means—
and solutions can be expressed in such a way sized artificial intelligence companies access (A) the Committee on Energy and Natural
that allows them to be modeled or solved to classified facilities on a flexible basis. Resources, the Committee on Armed Serv-
using a computer or machine; (2) An open architecture and an evolving ices, the Committee on Homeland Security
‘‘(B) include the use of strategies related to reference design and guidance for needed and Government Affairs, and the Select
problem decomposition, pattern matching, technical investments in the proposed eco- Committee on Intelligence of the Senate;
abstractions, modularity, and algorithm de- system that address issues, including com- and
sign; and mon interfaces, authentication, applications, (B) the Committee on Energy and Com-
‘‘(C) involve creative problem solving platforms, software, hardware, and data in- merce, the Committee on Armed Services,
skills and are applicable across a wide range frastructure. the Committee on Homeland Security, and
of disciplines and careers.’’. (3) A governance structure, together with the Permanent Select Committee on Intel-
associated policies and guidance, to drive the ligence of the House of Representatives.
SA 2003. Mr. PAUL (for himself, Mr. implementation of the reference throughout
JOHNSON, Mr. TUBERVILLE, Mr. MAR- the intelligence community on a federated SA 2006. Mr. HAGERTY submitted an
SHALL, Mr. BRAUN, and Mr. TILLIS) pro- basis.
(c) FORM.—The plan submitted under sub- amendment intended to be proposed to
posed an amendment to amendment SA amendment SA 1502 proposed by Mr.
section (a)(2) shall be submitted in unclassi-
1502 proposed by Mr. SCHUMER to the fied form, but may include a classified SCHUMER to the bill S. 1260, to establish
bill S. 1260, to establish a new Direc- annex. a new Directorate for Technology and
torate for Technology and Innovation Innovation in the National Science
in the National Science Foundation, to SA 2005. Mrs. BLACKBURN (for her- Foundation, to establish a regional
establish a regional technology hub self and Mr. LUJÁN) submitted an technology hub program, to require a
program, to require a strategy and re- amendment intended to be proposed to strategy and report on economic secu-
port on economic security, science, re- amendment SA 1502 proposed by Mr. rity, science, research, innovation,
search, innovation, manufacturing, and SCHUMER to the bill S. 1260, to establish manufacturing, and job creation, to es-
job creation, to establish a critical sup- a new Directorate for Technology and tablish a critical supply chain resil-
ply chain resiliency program, and for Innovation in the National Science iency program, and for other purposes;
other purposes; as follows: Foundation, to establish a regional which was ordered to lie on the table;
At the appropriate place, insert the fol- technology hub program, to require a as follows:
lowing: strategy and report on economic secu-
At the appropriate place, insert the fol-
SEC. ll. PROHIBITION ON FUNDING FOR GAIN- rity, science, research, innovation,
OF-FUNCTION RESEARCH CON- lowing:
manufacturing, and job creation, to es-
DUCTED IN CHINA. SEC. llll. REASONABLE, NON-DISCRIMINA-
(a) IN GENERAL.—No funds made available
tablish a critical supply chain resil- TORY ACCESS TO ONLINE COMMU-
to any Federal agency, including the Na- iency program, and for other purposes; NICATIONS PLATFORMS; BLOCKING
which was ordered to lie on the table; AND SCREENING OF OFFENSIVE MA-
tional Institutes of Health, may be used to TERIAL.
conduct gain-of-function research in China. as follows:
(b) DEFINITION OF GAIN-OF-FUNCTION RE- At the end of title V of division B, add the (a) IN GENERAL.—Part I of title II of the
SEARCH.—In this section, the term ‘‘gain-of- following: Communications Act of 1934 (47 U.S.C. 201 et
function research’’ means any research SEC. llll. STUDY ON NATIONAL LABORATORY
seq.) is amended—
project that may be reasonably anticipated CONSORTIUM FOR CYBER RESIL- (1) by striking section 230; and
to confer attributes to influenza, MERS, or IENCE. (2) by adding at the end the following:
SARS viruses such that the virus would have (a) STUDY REQUIRED.—The Secretary of En- ‘‘SEC. 232. REASONABLE, NON-DISCRIMINATORY
enhanced pathogenicity or transmissibility ergy shall, in consultation with the Sec- ACCESS TO ONLINE COMMUNICA-
in mammals. retary of Homeland Security and the Sec- TIONS PLATFORMS; BLOCKING AND
SCREENING OF OFFENSIVE MATE-
retary of Defense, conduct a study to analyze
RIAL.
SA 2004. Mr. SASSE (for himself and the feasibility of authorizing a consortia
Mr. BENNET) submitted an amendment within the National Laboratory system to ‘‘(a) FINDINGS.—Congress finds the fol-
address information technology and oper- lowing:
intended to be proposed to amendment
ational technology cybersecurity ‘‘(1) The rapidly developing array of inter-
SA 1502 proposed by Mr. SCHUMER to net and other interactive computer services
the bill S. 1260, to establish a new Di- vulnerabilities in critical infrastructure (as
defined in section 1016(e) of the Critical In- available to individual Americans represent
rectorate for Technology and Innova- frastructures Protection Act of 2001 (42 an extraordinary advance in the availability
tion in the National Science Founda- U.S.C. 5195c(e)). of educational and informational resources
tion, to establish a regional technology (b) ELEMENTS.—The study required under to our citizens.
hub program, to require a strategy and subsection (a) shall include the following: ‘‘(2) These services often offer users a great
report on economic security, science, (1) An analysis of any additional authori- degree of control over the information that
ties needed to establish a research and devel- they receive, as well as the potential for
research, innovation, manufacturing,
opment program to leverage the expertise at even greater control in the future as tech-
and job creation, to establish a critical nology continues to develop.
the Department of Energy National Labora-
supply chain resiliency program, and tories to accelerate development and deliv- ‘‘(3) The internet and other interactive
for other purposes; which was ordered ery of advanced tools and techniques to de- computer services offer a forum for a true di-
to lie on the table; as follows: fend critical infrastructure against cyber in- versity of political discourse and viewpoints,
At the appropriate place in title V of divi- trusions and enable resilient operations dur- unique opportunities for cultural develop-
sion B, insert the following: ing a cyber attack. ment, and myriad avenues for intellectual
SEC. lll. PLAN FOR ARTIFICIAL INTEL- (2) Evaluation of potential pilot programs activity, and regulation of the internet must
LIGENCE DIGITAL ECOSYSTEM. in research, innovation transfer, academic be tailored to supporting those activities.
(a) IN GENERAL.—Not later than 1 year partnerships, and industry partnerships for ‘‘(4) The internet and other interactive
after the date of the enactment of this Act, critical infrastructure protection research. computer services have flourished, to the
the Director of National Intelligence shall— (3) Identification of and assessment of benefit of all Americans, with a minimum of
(1) develop a plan for the development and near-term actions, and cost estimates, nec- government regulation, and regulation
resourcing of a modern digital ecosystem essary for the proposed consortia to be estab- should be limited to what is necessary to
that embraces state-of-the-art tools and lished and effective at a broad scale expedi- preserve the societal benefits provided by
SSpencer on DSK126QN23PROD with SENATE
modern processes to enable development, tiously. the internet.
testing, fielding, and continuous update of (c) REPORT.— ‘‘(5) Increasingly Americans rely on inter-
artificial intelligence-powered applications (1) IN GENERAL.—Not later than 120 days net platforms and websites for a variety of
at speed and scale from headquarters to the after the date of the enactment of this Act, political, educational, cultural, and enter-
tactical edge; and the Secretary of Energy shall submit to the tainment services and for communication
(2) submit to the Select Committee on In- appropriate committees of Congress a report with one another.
telligence of the Senate and the Permanent on the findings of the Secretary with respect ‘‘(b) POLICY.—It is the policy of the United
Select Committee on Intelligence of the to the study conducted under subsection (a). States—
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S3448 CONGRESSIONAL RECORD — SENATE May 25, 2021
‘‘(1) to promote the continued development management, moderation, promotion, ac- ‘‘(aa) provided by an information content
of the internet and other interactive com- count termination and suspension, and provider with the intent to abuse, threaten,
puter services and other interactive media; curation mechanisms and practices of the or harass any specific person; and
‘‘(2) to preserve a vibrant and competitive company sufficient to enable— ‘‘(bb) lacking in any serious literary, artis-
free market for the internet and other inter- ‘‘(A) consumers to make informed choices tic, political, or scientific value;
active computer services; regarding use of the interactive computer ‘‘(II) violates the CAN-SPAM Act of 2003
‘‘(3) to encourage the development of tech- service provided by the company; and (15 U.S.C. 7701 et seq.); or
nologies which maximize user control over ‘‘(B) persons to develop, market, and main- ‘‘(III) is malicious computer code intended
what information is received by individuals, tain consumer-driven content management (whether or not by the immediate dissemi-
families, and schools who use the internet mechanisms with respect to the interactive nator) to damage or interfere with the oper-
and other interactive computer services, computer service provided by the company. ation of a computer;
rather than control and censorship driven by ‘‘(2) BEST PRACTICES.—The Commission, ‘‘(iii) the term ‘in good faith’, with respect
interactive computer services; after soliciting comments from the public, to restricting access to or availability of spe-
‘‘(4) to facilitate the development and uti- shall publish best practices for common car- cific material, means the provider or user—
lization of blocking and filtering tech- rier technology companies to disclose con- ‘‘(I) restricts access to or availability of
nologies that empower parents to restrict tent management, moderation, promotion, material consistent with publicly available
their children’s access to objectionable or in- account termination and suspension, and online terms of service or use that—
appropriate online material; curation mechanisms and practices in ac- ‘‘(aa) state plainly and with particularity
‘‘(5)(A) to ensure that the internet serves the criteria that the provider or user of the
cordance with paragraph (1).
as an open forum for— interactive computer service employs in its
‘‘(3) APPLICABILITY TO BROADBAND.—Para-
‘‘(i) a true diversity of discourse and view- content moderation practices, including by
graph (1) shall not apply with respect to the
points, including political discourse and any partially or fully automated processes;
provision of broadband internet access serv-
viewpoints; and
ice.
‘‘(ii) unique opportunities for cultural de- ‘‘(bb) are in effect on the date on which the
velopment; and ‘‘(e) PROTECTION FOR ‘GOOD SAMARITAN’ material is first posted;
‘‘(iii) myriad avenues for intellectual ac- BLOCKING AND SCREENING OF OFFENSIVE MA- ‘‘(II) has an objectively reasonable belief
tivity; and TERIAL.— that the material falls within one of the cat-
‘‘(B) given that the internet is the domi- ‘‘(1) TREATMENT OF PUBLISHER OR SPEAK- egories listed in subparagraph (A)(i);
nant platform for communication and public ER.— ‘‘(III)(aa) does not restrict access to or
debate today, to ensure that major internet ‘‘(A) IN GENERAL.—No provider or user of availability of material on deceptive or
communications platforms, which function an interactive computer service shall be pretextual grounds; and
as common carriers in terms of their size, treated as the publisher or speaker of any ‘‘(bb) does not apply its terms of service or
usage, and necessity, are available to all material provided by another information use to restrict access to or availability of
users on reasonable and non-discriminatory content provider. material that is similarly situated to mate-
terms free from public or private censorship ‘‘(B) EXCEPTION.—Subparagraph (A) shall rial that the provider or user of the inter-
of religious and political speech; not apply to any affirmative act by a pro- active computer service intentionally de-
‘‘(6) to promote consumer protection and clines to restrict; and
vider or user of an interactive computer
transparency regarding information and con- ‘‘(IV) supplies the information content pro-
service with respect to material posted on
tent management practices by major inter- vider of the material with timely notice de-
the interactive computer service, whether
net platforms to— scribing with particularity the reasonable
the act is carried out manually or through
‘‘(A) ensure that consumers understand— factual basis for the restriction of access and
use of an algorithm or other automated or
‘‘(i) the products they are using; and a meaningful opportunity to respond, unless
semi-automated process, including— the provider or user of the interactive com-
‘‘(ii) what information is being presented
‘‘(i) providing its own material; puter service has an objectively reasonable
to them and why; and
‘‘(ii) commenting or editorializing on, pro- belief that—
‘‘(B) prevent deceptive or undetectable ac-
moting, recommending, or increasing or de- ‘‘(aa) the material is related to terrorism
tions that filter the information presented to
creasing the dissemination or visibility to or criminal activity; or
consumers; and
‘‘(7) to ensure vigorous enforcement of Fed- users of its own material or material pro- ‘‘(bb) such notice would risk imminent
eral criminal laws to deter and punish traf- vided by another information content pro- physical harm to others; and
ficking in online obscenity, stalking, and vider; ‘‘(iv) the terms ‘obscene’, ‘lewd’, ‘lasciv-
harassment. ‘‘(iii) restricting access to or availability ious’, and ‘filthy’, with respect to material,
‘‘(c) REASONABLE AND NONDISCRIMINATORY of material provided by another information mean material that—
ACCESS TO COMMON CARRIER TECHNOLOGY content provider; or ‘‘(I) taken as a whole—
COMPANIES.— ‘‘(iv) barring or limiting any information ‘‘(aa) appeals to the prurient interest in
‘‘(1) IN GENERAL.—A common carrier tech- content provider from using the interactive sex or portrays sexual conduct in a patently
nology company, with respect to the inter- computer service. offensive way; and
active computer service provided by the ‘‘(2) CIVIL LIABILITY.— ‘‘(bb) does not have serious literary, artis-
company— ‘‘(A) IN GENERAL.—No provider or user of tic, political, or scientific value;
‘‘(A) shall furnish the interactive computer an interactive computer service shall be held ‘‘(II) depicts or describes sexual or excre-
service to all persons upon reasonable re- liable, under subsection (c) or otherwise, on tory organs or activities in terms patently
quest; account of— offensive to the average person, applying
‘‘(B) may not unjustly or unreasonably dis- ‘‘(i) any action voluntarily taken in good contemporary community standards; or
criminate in charges, practices, classifica- faith to restrict access to or availability of ‘‘(III) signifies the form of immorality
tions, regulations, facilities, treatment, or material that the provider or user considers which has relation to sexual impurity, tak-
services for or in connection with the fur- to be obscene, lewd, lascivious, filthy, exces- ing into account the standards at common
nishing of the interactive computer service, sively violent, harassing, promoting self- law in prosecutions for obscene libel.
directly or indirectly, by any means or de- harm, or unlawful, whether or not such ma- ‘‘(C) BEST PRACTICES.—The Commission,
vice; terial is constitutionally protected; or after soliciting comments from the public,
‘‘(C) may not make or give any undue or ‘‘(ii) any action taken to enable or make shall publish best practices for making pub-
unreasonable preference or advantage to any available to information content providers licly available online terms of service or use
particular person, class of persons, political or others the technical means to restrict ac- that state plainly and with particularity the
or religious group or affiliation, or locality; cess to material described in clause (i). criteria that the provider or user of an inter-
and ‘‘(B) DEFINITIONS.—For purposes of sub- active computer service employs in its con-
‘‘(D) may not subject any particular per- paragraph (A)— tent moderation practices, including by any
son, class of persons, political or religious ‘‘(i) the term ‘excessively violent’, with re- partially or fully automated processes, in ac-
group or affiliation, or locality to any undue spect to material, means material that— cordance with subparagraph (B)(iii)(I).
or unreasonable prejudice or disadvantage. ‘‘(I) is likely to be deemed violent and for ‘‘(f) VIOLATIONS.—
‘‘(2) APPLICABILITY TO BROADBAND.—Para- mature audiences according to the V-chip ‘‘(1) PRIVATE RIGHT OF ACTION.—
graph (1) shall not apply with respect to the regulations and TV Parental Guidelines of ‘‘(A) IN GENERAL.—A person aggrieved by a
the Commission promulgated under sections violation of subsection (c) or (d) may bring a
SSpencer on DSK126QN23PROD with SENATE
provision of broadband internet access serv-
ice. 303(x) and 330(c)(4); or civil action against the provider or user of
‘‘(d) CONSUMER PROTECTION AND TRANS- ‘‘(II) constitutes or intends to advocate do- an interactive computer service that com-
PARENCY REGARDING COMMON CARRIER TECH- mestic terrorism or international terrorism, mitted the violation for any relief permitted
NOLOGY COMPANIES.— as defined in section 2331 of title 18, United under subparagraph (B) of this paragraph.
‘‘(1) IN GENERAL.—A common carrier tech- States Code; ‘‘(B) RELIEF.—
nology company shall disclose, through a ‘‘(ii) the term ‘harassing’ means material ‘‘(i) IN GENERAL.—The plaintiff may seek
publicly available, easily accessible website, that— the following relief in a civil action brought
accurate material regarding the content ‘‘(I) is— under subparagraph (A):
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3449
‘‘(I) An injunction. control protections (such as computer hard- ‘‘(B) RESPONSIBILITY DEFINED.—For pur-
‘‘(II) An award that is the greater of— ware, software, or filtering services) are poses of subparagraph (A), the term ‘respon-
‘‘(aa) actual damages; or commercially available that may assist the sible, in whole or in part, for the creation or
‘‘(bb) damages in the amount of $500 for customer in limiting access to material that development of material’ includes affirma-
each violation. is harmful to minors. The notice shall iden- tively and substantively contributing to,
‘‘(ii) WILLFUL OR KNOWING VIOLATIONS.—In tify, or provide the customer with access to modifying, altering, presenting with a rea-
a civil action brought under subparagraph material identifying, current providers of sonably discernible viewpoint, commenting
(A), if the court finds that the defendant such protections. upon, or editorializing about material pro-
willfully or knowingly violated subsection ‘‘(h) EFFECT ON OTHER LAWS.— vided by another person or entity.
(c) or (d), the court may, in its discretion, in- ‘‘(1) NO EFFECT ON CRIMINAL LAW.—Nothing ‘‘(5) INTERACTIVE COMPUTER SERVICE.—The
crease the amount of the award to not more in this section shall be construed to impair term ‘interactive computer service’ means
than 3 times the amount available under the enforcement of section 223 or 231 of this any information service, system, or access
clause (i)(II) of this subparagraph. Act, chapter 71 (relating to obscenity) or 110 software provider that provides or enables
‘‘(2) ACTIONS BY STATES.— (relating to sexual exploitation of children) computer access by multiple users to a com-
‘‘(A) AUTHORITY OF STATES.— of title 18, United States Code, or any other puter server, including specifically a service
‘‘(i) IN GENERAL.—Whenever the attorney Federal criminal statute. or system that provides access to the inter-
general of a State, or an official or agency ‘‘(2) NO EFFECT ON INTELLECTUAL PROPERTY net and such systems operated or services of-
designated by a State, has reason to believe LAW.—Nothing in this section shall be con- fered by libraries or educational institutions.
that any person has engaged or is engaging strued to limit or expand any law pertaining ‘‘(6) INTERNET.—The term ‘internet’ means
in a pattern or practice of violating sub- to intellectual property. the international computer network of both
section (c) or (d) that has threatened or ad- ‘‘(3) STATE LAW.—Nothing in this section Federal and non-Federal interoperable pack-
versely affected or is threatening or ad- shall be construed to prevent any State from et switched data networks.
versely affecting an interest of the residents enforcing any State law that is consistent ‘‘(7) MATERIAL.—The term ‘material’
of that State, the State may bring a civil ac- with this section. No cause of action may be means any data, regardless of physical form
tion against the person on behalf of the resi- brought and no liability may be imposed or characteristic, including—
dents of the State for any relief permitted under any State or local law that is incon- ‘‘(A) written or printed matter, informa-
under clause (ii) of this subparagraph. tion, automated information systems stor-
sistent with this section.
‘‘(ii) RELIEF.— age media, maps, charts, paintings, draw-
‘‘(4) NO EFFECT ON COMMUNICATIONS PRIVACY
‘‘(I) IN GENERAL.—The plaintiff may seek ings, films, photographs, images, videos,
LAW.—Nothing in this section shall be con-
the following relief in a civil action brought engravings, sketches, working notes, or pa-
strued to limit the application of the Elec-
under clause (i): pers, or reproductions of any such things by
tronic Communications Privacy Act of 1986
‘‘(aa) An injunction. any means or process; and
or any of the amendments made by such Act,
‘‘(bb) An award that is the greater of— ‘‘(B) sound, voice, magnetic, or electronic
or any similar State law.
‘‘(AA) actual damages; or recordings.’’.
‘‘(5) NO EFFECT ON SEX TRAFFICKING LAW.—
‘‘(BB) damages in the amount of $500 for
each violation.
Nothing in this section (other than sub- (b) CONFORMING AMENDMENTS.—
‘‘(II) WILLFUL OR KNOWING VIOLATIONS.—In section (e)(2)(A)(i) shall be construed to im- (1) COMMUNICATIONS ACT OF 1934.—The Com-
a civil action brought under clause (i), if the pair or limit— munications Act of 1934 (47 U.S.C. 151 et seq.)
court finds that the defendant willfully or ‘‘(A) any claim in a civil action brought is amended—
knowingly violated subsection (c) or (d), the under section 1595 of title 18, United States (A) in section 223(h)(2) (47 U.S.C. 223(h)(2)),
court may, in its discretion, increase the Code, if the conduct underlying the claim by striking ‘‘section 230(f)(2)’’ and inserting
amount of the award to not more than 3 constitutes a violation of section 1591 of that ‘‘section 232’’; and
times the amount available under subclause title; (B) in section 231(b)(4) (47 U.S.C. 231(b)(4)),
(I)(bb) of this clause. ‘‘(B) any charge in a criminal prosecution by striking ‘‘section 230’’ and inserting ‘‘sec-
‘‘(B) INVESTIGATORY POWERS.—For purposes brought under State law if the conduct un- tion 232’’.
of bringing a civil action under this para- derlying the charge would constitute a viola- (2) TRADEMARK ACT OF 1946.—Section 45 of
graph, nothing in this section shall prevent tion of section 1591 of title 18, United States the Act entitled ‘‘An Act to provide for the
the attorney general of a State, or an official Code; or registration and protection of trademarks
or agency designated by a State, from exer- ‘‘(C) any charge in a criminal prosecution used in commerce, to carry out the provi-
cising the powers conferred on the attorney brought under State law if the conduct un- sions of certain international conventions,
general or the official by the laws of the derlying the charge would constitute a viola- and for other purposes’’, approved July 5,
State to— tion of section 2421A of title 18, United 1946 (commonly known as the ‘‘Trademark
‘‘(i) conduct investigations; States Code, and promotion or facilitation of Act of 1946’’) (15 U.S.C. 1127) is amended by
‘‘(ii) administer oaths or affirmations; or prostitution is illegal in the jurisdiction striking the definition relating to the term
‘‘(iii) compel the attendance of witnesses where the defendant’s promotion or facilita- ‘‘Internet’’ and inserting the following:
or the production of documentary and other tion of prostitution was targeted. ‘‘The term ‘internet’ has the meaning
evidence. ‘‘(i) DEFINITIONS.—As used in this section: given that term in section 232 of the Commu-
‘‘(C) EFFECT ON STATE COURT PRO- ‘‘(1) ACCESS SOFTWARE PROVIDER.—The nications Act of 1934.’’.
CEEDINGS.—Nothing in this paragraph shall term ‘access software provider’ means a pro- (3) TITLE 17, UNITED STATES CODE.—Section
be construed to prohibit an authorized State vider of software (including client or server 1401(g) of title 17, United States Code, is
official from proceeding in State court on software), or enabling tools that do any one amended—
the basis of an alleged violation of any gen- or more of the following: (A) by striking ‘‘section 230 of the Commu-
eral civil or criminal statute of the State. ‘‘(A) Filter, screen, allow, or disallow ma- nications Act of 1934 (47 U.S.C. 230)’’ and in-
‘‘(D) ATTORNEY GENERAL DEFINED.—For terial. serting ‘‘section 232 of the Communications
purposes of this paragraph, the term ‘attor- ‘‘(B) Pick, choose, analyze, or digest mate- Act of 1934’’; and
ney general’ means the chief legal officer of rial. (B) by striking ‘‘subsection (e)(2) of such
a State. ‘‘(C) Transmit, receive, display, forward, section 230’’ and inserting ‘‘subsection (h)(2)
‘‘(3) VENUE; SERVICE OF PROCESS.— cache, search, subset, organize, reorganize, of such section 232’’.
‘‘(A) VENUE.—A civil action brought under or translate material. (4) TITLE 18, UNITED STATES CODE.—Part I of
this subsection may be brought in the loca- ‘‘(2) BROADBAND INTERNET ACCESS SERV- title 18, United States Code, is amended—
tion where— ICE.—The term ‘broadband internet access (A) in section 2257(h)(2)(B)(v), by striking
‘‘(i) the defendant— service’ has the meaning given the term in ‘‘section 230(c) of the Communications Act of
‘‘(I) is found; section 8.1(b) of title 47, Code of Federal Reg- 1934 (47 U.S.C. 230(c))’’ and inserting ‘‘section
‘‘(II) is an inhabitant; or ulations, or any successor regulation. 232(e) of the Communications Act of 1934’’;
‘‘(III) transacts business; or ‘‘(3) COMMON CARRIER TECHNOLOGY COM- and
‘‘(ii) the violation occurred or is occurring. PANY.—The term ‘common carrier tech- (B) in section 2421A—
‘‘(B) SERVICE OF PROCESS.—Process in a nology company’ means a provider of an (i) in subsection (a), by striking ‘‘(as such
civil action brought under this subsection interactive computer service that— term is defined in defined in section 230(f)
may be served where the defendant— ‘‘(A) offers its services to the public; and the Communications Act of 1934 (47 U.S.C.
‘‘(B) has more than 100,000,000 worldwide 230(f)))’’ and inserting ‘‘(as that term is de-
SSpencer on DSK126QN23PROD with SENATE
‘‘(i) is an inhabitant; or
‘‘(ii) may be found. active monthly users. fined in section 232 of the Communications
‘‘(g) OBLIGATIONS OF INTERACTIVE COM- ‘‘(4) INFORMATION CONTENT PROVIDER.— Act of 1934)’’; and
PUTER SERVICE.—A provider of an interactive ‘‘(A) IN GENERAL.—The term ‘information (ii) in subsection (b), by striking ‘‘(as such
computer service shall, at the time of enter- content provider’ means any person or entity term is defined in defined in section 230(f)
ing an agreement with a customer for the that is responsible, in whole or in part, for the Communications Act of 1934 (47 U.S.C.
provision of interactive computer service the creation or development of material pro- 230(f)))’’ and inserting ‘‘(as that term is de-
and in a manner deemed appropriate by the vided through the internet or any other fined in section 232 of the Communications
provider, notify the customer that parental interactive computer service. Act of 1934)’’.
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S3450 CONGRESSIONAL RECORD — SENATE May 25, 2021
(5) CONTROLLED SUBSTANCES ACT.—Section eral election for Federal office occurring in clause (i), the Comptroller General shall pro-
401(h)(3)(A)(iii)(II) of the Controlled Sub- 2016. vide a description of any authority (includ-
stances Act (21 U.S.C. 841(h)(3)(A)(iii)(II)) is (2) 2020 PRESIDENTIAL ELECTION.—The term ing any statutory authority), action, or di-
amended by striking ‘‘section 230(c) of the ‘‘2020 Presidential election’’ means the gen- rective that led to such change.
Communications Act of 1934’’ and inserting eral election for Federal office occurring in (C) OTHER ELECTION PROCEDURES.—
‘‘section 232(e) of the Communications Act of 2020. (i) IN GENERAL.—An analysis of whether
1934’’. (3) APPLICABLE ELECTION SECURITY FUNDS.— the State materially altered or changed its
(6) WEBB-KENYON ACT.—Section 3(b)(1) of The term ‘‘applicable election security election procedures for the 2020 Presidential
the Act entitled ‘‘An Act divesting intoxi- funds’’ means the amount of grant funding election (other than procedures described in
cating liquors of their interstate character provided to the State by the Election Assist- subparagraph (B)) from the procedures in ef-
in certain cases’’, approved March 1, 1913 ance Commission— fect for the 2016 Presidential election.
(commonly known as the ‘‘Webb-Kenyon (A) from amounts appropriated under the (ii) RELEVANT AUTHORITY FOR CHANGES.—If
Act’’) (27 U.S.C. 122b(b)(1)) is amended by heading ‘‘Election Assistance Commission,
the Comptroller General determines that
striking ‘‘(as defined in section 230(f) of the Election Security Grants’’ in the Financial
there were changes in the election proce-
Communications Act of 1934 (47 U.S.C. Services and General Government Appropria-
dures described in clause (i), the Comptroller
230(f))’’ and inserting ‘‘(as defined in section tions Act, 2020 (Public Law 116–93); or
General shall provide a description of any
232 of the Communications Act of 1934)’’. (B) from amounts appropriated under the
heading ‘‘Election Assistance Commission, authority (including any statutory author-
(7) TITLE 28, UNITED STATES CODE.—Section ity), action, or directive that led to such
4102 of title 28, United States Code, is amend- Election Security Grants’’ in the
Coronavirus Aid, Relief, and Economic Secu- change.
ed— (D) MAIL-IN BALLOT COLLECTION.—
(A) in subsection (c)— rity Act (Public Law 116–136).
(4) STATE.—The term ‘‘State’’ has the (i) IN GENERAL.—An analysis of whether
(i) by striking ‘‘section 230 of the Commu- there were specific, documented allegations
nications Act of 1934 (47 U.S.C. 230)’’ and in- meaning given such term under section 901 of
the Help America Vote Act of 2002 (52 U.S.C. of a person other than a voter or a voter’s
serting ‘‘section 232 of the Communications
21141), except that such term shall include family member or caregiver collecting or re-
Act of 1934’’; and
the Commonwealth of the Northern Mariana turning the voter’s completed ballot in the
(ii) by striking ‘‘section 230 if’’ and insert-
Islands. 2020 Presidential election.
ing ‘‘that section if’’; and
(5) UNSOLICITED MAIL-IN BALLOT.—The term (ii) RELEVANT AUTHORITY FOR COLLECTION.—
(B) in subsection (e)(2), by striking ‘‘sec-
‘‘unsolicited mail-in ballot’’ means any bal- If the Comptroller General determines that
tion 230 of the Communications Act of 1934
lot sent to a voter by mail if— there were specific, documented allegations
(47 U.S.C. 230)’’ and inserting ‘‘section 232 of
(A) such ballot was not specifically re- described in clause (i), the Comptroller Gen-
the Communications Act of 1934’’.
quested by the voter; or eral shall provide a description of any au-
(8) TITLE 31, UNITED STATES CODE.—Section
(B) the ballot request by the voter was ini- thority (including any statutory authority),
5362(6) of title 31, United States Code, is
tiated by the mailing of a ballot application action, or directive permitting such collec-
amended by striking ‘‘section 230(f) of the
Communications Act of 1934 (47 U.S.C. not specifically requested by the voter. tion or return.
230(f))’’ and inserting ‘‘section 232 of the (6) UNSOLICITED MAIL-IN BALLOT PERCENT- (E) OBSERVATION OF BALLOT COUNTING.—An
AGE.—The term ‘‘unsolicited mail-in ballot analysis of whether the State has a statute
Communications Act of 1934’’.
percentage’’ means the number of unsolic- providing for third-party observation of bal-
(9) NATIONAL TELECOMMUNICATIONS AND IN-
ited mail-in ballots distributed in the State lot counting, and if so, whether there were
FORMATION ADMINISTRATION ORGANIZATION
as a percentage of the number of total bal- specific, documented instances in connection
ACT.—Section 157(e)(1) of the National Tele-
lots provided to voters in the State. with the 2020 Presidential election in which
communications and Information Adminis- (b) REPORT.—
tration Organization Act (47 U.S.C. 941(e)(1)) the State is alleged to have failed to comply
(1) IN GENERAL.—Not later than 180 days with such statute.
is amended, in the matter preceding subpara- after the date of the enactment of this Act,
graph (A), by striking ‘‘section 230(c) of the (F) FAILURE TO ENFORCE.—An analysis of
the Comptroller General shall submit to whether there were specific, documented in-
Communications Act of 1934 (47 U.S.C. Congress and make publicly available a re-
230(c))’’ and inserting ‘‘section 232(e) of the stances in connection with the 2020 Presi-
port on the 2020 Presidential election. dential election in which the State allegedly
Communications Act of 1934’’. (2) MATTERS INCLUDED.—The report sub-
(c) APPLICABILITY.—Subsections (c) and (d) failed to enforce one or more of its election
mitted under paragraph (1) shall include the statutes (other than a statute described in
of section 232 of the Communications Act of following with respect to each State: that re-
1934, as added by subsection (a), shall apply subparagraph (E)).
ceived applicable election security funds:
to a common carrier technology company on (G) USE OF APPLICABLE ELECTION SECURITY
(A) UNSOLICITED MAIL-IN BALLOT PERCENT-
and after the date that is 90 days after the FUNDS.—In the case of a State that received
AGE.—
date of enactment of this Act. applicable election security funds, an anal-
(i) IN GENERAL.—An analysis of whether
--- the unsolicited mail-in ballot percentage for
ysis of—
SA 2007. Mr. HAGERTY submitted an State for the 2020 Presidential election was (i) whether such funds were used to make
amendment intended to be proposed to greater than the unsolicited mail-in ballot expenditures with respect to the 2020 Presi-
amendment SA 1502 proposed by Mr. percentage for the State for the 2016 Presi- dential election;
SCHUMER to the bill S. 1260, to establish dential election. (ii) whether such funds were used in con-
(ii) RELEVANT AUTHORITY FOR ANY IN- nection with any activity carried out pursu-
a new Directorate for Technology and
CREASE.—If the Comptroller General deter-
ant to an authority, action, or directive de-
Innovation in the National Science scribed in subparagraph (A)(ii), (B)(ii),
Foundation, to establish a regional mines that the unsolicited mail-in ballot
percentage for the State for the 2020 Presi- (C)(ii), or (D)(ii); and
technology hub program, to require a (iii) whether the State complied with all
dential election was greater than the unso-
strategy and report on economic secu- licited mail-in ballot percentage for the statutory and other conditions imposed in
rity, science, research, innovation, State for the 2016 Presidential election, the connection with the receipt of such funds.
manufacturing, and job creation, to es- Comptroller General shall provide a descrip- (H) SUBSEQUENT STATE ACTIONS.—A descrip-
tablish a critical supply chain resil- tion of any change in authority (including tion of any of the following actions taken by
iency program, and for other purposes; any statutory change relating to the dis- the State legislature:
tribution of unsolicited mail-in ballots), ac- (i) The passage of a resolution expressing
which was ordered to lie on the table;
tion, or directive concerning unsolicited an opinion on, or the submission to Congress
as follows: or the Comptroller General of a communica-
mail-in ballots occurring between the 2016
At the appropriate place, insert the fol- tion relating to, the items described in sub-
Presidential election and 2020 Presidential
lowing: paragraphs (A) through (G).
election that may have led to such result.
TITLE lll—PROTECT ELECTORAL (B) MAIL-IN VOTER VERIFICATION PROCE- (ii) The enactment, after the completion of
COLLEGE ACT DURES.— the 2020 Presidential election, of legislation
SEC. ll01. SHORT TITLE. (i) IN GENERAL.—An analysis of whether regarding any authority, action, or directive
This title may be cited as the ‘‘Protecting there were changes in the State’s methods described in subparagraph (A)(ii), (B)(ii),
the Right to Organized, Transparent Elec- and processes used to verify the identifica- (C)(ii), or (D)(ii) or any failure described in
tions through a Constitutionally Trust- tion of voters who vote using mail-in ballots, subparagraph (E) or (F).
SSpencer on DSK126QN23PROD with SENATE
worthy Electoral College Act (PROTECT including signature verification require- SEC. ll03. TEMPORARY SUSPENSION OF, AND
Electoral College Act)’’. ments, that applied with respect to the 2020 REQUIREMENTS FOR, FUTURE ELEC-
SEC. ll02. REPORT ON 2020 GENERAL ELEC- Presidential election but did not apply to the TION ASSISTANCE GRANTS.
TION. 2016 Presidential election.
(a) DEFINITIONS.—For purposes of this sec- (ii) RELEVANT AUTHORITY FOR CHANGES.—If (a) IN GENERAL.—Subtitle D of title II of
tion: the Comptroller General determines that the Help America Vote Act of 2002 (52 U.S.C.
(1) 2016 PRESIDENTIAL ELECTION.—The term there were changes in the State’s mail-in 20901 et seq.) is amended by adding at the end
‘‘2016 Presidential election’’ means the gen- voter verification procedures described in the following new part:
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3451
‘‘PART 7—REQUIREMENTS FOR ELECTION Vote Act of 2002 is amended by inserting 2002 (6 U.S.C. 591g) is amended by inserting
ASSISTANCE after the item relating to section 296 the fol- ‘‘fentanyl or synthetic opioid,’’ after ‘‘chem-
‘‘SEC. 297. SUSPENSION OF ELECTION ASSIST- lowing: ical,’’.
ANCE. ‘‘PART 7—REQUIREMENTS FOR ELECTION (c) DEFENSE AGAINST WEAPONS OF MASS
‘‘(a) IN GENERAL.—Notwithstanding any ASSISTANCE DESTRUCTION ACT OF 1996.—Section 1403(1) of
other provision of law, no grant may be the Defense Against Weapons of Mass De-
‘‘Sec. 297. Suspension of election assistance.
awarded under this Act before July 1, 2022. ‘‘Sec. 298. Requirements for future election struction Act of 1996 (50 U.S.C. 2302(1)) is
‘‘(b) SUSPENSION OF PREVIOUS GRANTS.—No assistance. amended—
State may expend Federal funds provided (1) in subparagraph (B), by striking ‘‘or’’ at
‘‘PART 8—PROHIBITION ON USE OF FUNDS the end;
under this Act before the date of the enact-
ment of this section before July 1, 2022. ‘‘Sec. 299. Prohibition on use of funds.’’. (2) in subparagraph (C), by striking the pe-
‘‘SEC. 298. REQUIREMENTS FOR FUTURE ELEC- riod at the end and inserting ‘‘; or’’; and
TION ASSISTANCE. SA 2008. Mr. HAGERTY submitted an (3) by adding at the end the following:
‘‘(a) IN GENERAL.—Notwithstanding any amendment intended to be proposed to ‘‘(D) illicit fentanyl, fentanyl analogues, or
other provision of law, no State may receive amendment SA 1502 proposed by Mr. synthetic opioids.’’.
any grant awarded under this Act after the SCHUMER to the bill S. 1260, to establish (d) FOREIGN INTELLIGENCE SURVEILLANCE
date of the enactment of this section unless a new Directorate for Technology and ACT OF 1978.—Section 101(p)(2) of the Foreign
the State has certified by resolution adopted Innovation in the National Science Intelligence Surveillance Act of 1978 (50
by the State legislature, as a condition of re- U.S.C. 1801(p)(2)) is amended by inserting ‘‘,
Foundation, to establish a regional including illicit fentanyl, fentanyl ana-
ceiving the grant, that it is in compliance
technology hub program, to require a logues, or synthetic opioids’’ after ‘‘precur-
with the requirements of subsection (b).
‘‘(b) REQUIREMENTS.— strategy and report on economic secu- sors’’.
‘‘(1) IN GENERAL.—A State satisfies the re- rity, science, research, innovation,
quirements of this section if, in connection manufacturing, and job creation, to es- SA 2010. Mr. HAGERTY submitted an
with any election for Federal office— tablish a critical supply chain resil- amendment intended to be proposed by
‘‘(A) the methods and processes used by the iency program, and for other purposes; him to the bill S. 1260, to establish a
State to verify the identification of voters which was ordered to lie on the table; new Directorate for Technology and In-
who vote using mail-in ballots are specifi- as follows: novation in the National Science Foun-
cally set forth in statute; dation, to establish a regional tech-
‘‘(B) except as specifically provided by At the end of subtitle B of title II of divi-
statute— sion C, add the following: nology hub program, to require a strat-
‘‘(i) the State does not use unsolicited SEC. 3236. EMERGENCY RESUPPLY FOR IRON egy and report on economic security,
DOME. science, research, innovation, manufac-
mail-in balloting; and
‘‘(ii) the State does not permit persons (a) SHORT TITLE.—This section may be turing, and job creation, to establish a
other than the voter or the voter’s family cited as the ‘‘Emergency Resupply for IRON critical supply chain resiliency pro-
members or caregivers to return a voter’s DOME Act of 2021’’.
(b) FUNDING FOR IRON DOME SHORT-RANGE gram, and for other purposes; which
completed ballot; was ordered to lie on the table; as fol-
‘‘(C) for any election after the last day ROCKET DEFENSE SYSTEM.—Notwithstanding
any other provision of law, including section lows:
that the public health emergency declared
by the Secretary of Health and Human Serv- 1649 of the William M. (Mac) Thornberry Na- At the appropriate place, insert the fol-
ices under section 319 of the Public Health tional Defense Authorization Act for Fiscal lowing:
Service Act (42 U.S.C. 247d) on January 31, Year 2021 (Public Law 116–283) and sections SEC. lll. REPORT ON USE OF DRUG DETEC-
2020, with respect to COVID–19, is in effect, 482(b) and 531(e) of the Foreign Assistance TION TECHNOLOGY AT THE BORDER.
the State uses all voting procedures in place Act of 1961 (22 U.S.C. 2291a(b) and 2346(e)), the Not later than 6 months after the date of
as of January 1, 2020 (except as modified by President shall transfer all unexpended bal- the enactment of this Act, and annually
State statutes applying to elections after ances of appropriations made available for thereafter, the Secretary of Homeland Secu-
such date); assistance to Gaza— rity shall submit a report to Congress that
‘‘(D) in the case of State that has a law (1) to the Department of Defense, to be describes—
providing for third-party observation of bal- available for grants to Israel for the Iron (1) the technology that has been authorized
lot counting, such ballot observation law is Dome short-range rocket defense system; or by U.S. Customs and Border Protection to
strictly followed in all instances; (2) to the Foreign Military Financing Pro- detect drug contraband entering the United
‘‘(E) the State complies with all require- gram authorized under section 23 of the States at or between ports of entry;
ments under title III; and Arms Export Control Act (22 U.S.C. 2763), to (2) the resources Congress has provided in
‘‘(F) the State has taken documented, af- be available for grants to Israel for the Iron furtherance of the technology described in
firmative measures to address— Dome short-range rocket defense system. paragraph (1);
‘‘(i) any prior failure to satisfy the require- (3) the technology that has been utilized at
ments of subparagraphs (A) through (E) that
SA 2009. Mr. HAGERTY submitted an the United States border to detect drug con-
is identified by the State legislature in a res- amendment intended to be proposed to traband entering the United States at or be-
olution (or other similar communication amendment SA 1502 proposed by Mr. tween ports of entry; and
submitted to Congress and the Comptroller SCHUMER to the bill S. 1260, to establish (4) the resources that the Department of
Homeland Security has expended in further-
General); or a new Directorate for Technology and
‘‘(ii) any prior specific, documented in- ance of such technology.
Innovation in the National Science
stance in which the State— Foundation, to establish a regional SA 2011. Mr. HAGERTY submitted an
‘‘(I) failed to enforce one or more of its technology hub program, to require a
election statutes; or amendment intended to be proposed to
‘‘(II) materially altered or changed its
strategy and report on economic secu- amendment SA 1502 proposed by Mr.
election procedures without a corresponding rity, science, research, innovation, SCHUMER to the bill S. 1260, to establish
state statutory enactment. manufacturing, and job creation, to es- a new Directorate for Technology and
‘‘(2) UNSOLICITED MAIL-IN BALLOTING.—For tablish a critical supply chain resil- Innovation in the National Science
purposes of paragraph (1)(B), the term ‘unso- iency program, and for other purposes; Foundation, to establish a regional
licited mail-in balloting’ means the process which was ordered to lie on the table; technology hub program, to require a
of sending ballots to a voter by mail if— as follows: strategy and report on economic secu-
‘‘(A) such ballot was not specifically re-
At the appropriate place, insert the fol- rity, science, research, innovation,
quested by the voter; or
lowing: manufacturing, and job creation, to es-
‘‘(B) the ballot request by the voter was
SEC. lll. PROTECTING AMERICANS AGAINST tablish a critical supply chain resil-
initiated by the mailing of a ballot applica- FENTANYL AND OTHER SYNTHETIC
tion not specifically requested by the voter. OPIOIDS. iency program, and for other purposes;
‘‘PART 8—PROHIBITION ON USE OF FUNDS (a) STATEMENT OF POLICY.—It is the policy which was ordered to lie on the table;
‘‘SEC. 299. PROHIBITION ON USE OF FUNDS. of the United States that all cabinet officials as follows:
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‘‘Notwithstanding any other provision of and other Government officers shall, in ad- In section 3291I(c), strike ‘‘a written re-
law, any amounts provided under this Act vancing American interests by working with port’’ and all that follows through ‘‘detailing
shall not be used in furtherance of any elec- other countries and international organiza- a description’’ and insert the following: ‘‘an
tion procedure that is not expressly set forth tions, advocate for treating fentanyl and unclassified written report, with a classified
in a statute enacted by the State legisla- other synthetic opioids as weapons of mass annex, that includes—
ture.’’. destruction. (1) a description
(b) CONFORMING AMENDMENT.—The table of (b) HOMELAND SECURITY ACT OF 2002.—Sec- In section 3291I, amend subsection (e) to
contents in section 1(b) of the Help America tion 1921 of the Homeland Security Act of read as follows:
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S3452 CONGRESSIONAL RECORD — SENATE May 25, 2021
(e) REPORT ON DRUG SEIZURES.—Not later amendment SA 1502 proposed by Mr. serving institutions, and public institutions
than 6 months after the date of the enact- SCHUMER to the bill S. 1260, to establish of higher education that have an enrollment
ment of this Act, and annually thereafter, a new Directorate for Technology and of needy students (as defined in section 312(d)
the Administrator of the Drug Enforcement of the Higher Education Act of 1965 (20 U.S.C.
Administration, in coordination with the Of-
Innovation in the National Science
1058(d))) to expand cybersecurity education
fice of National Drug Control Policy, U.S. Foundation, to establish a regional opportunities, cybersecurity technology and
Customs and Border Protection, the Depart- technology hub program, to require a programs, cybersecurity research, and cyber-
ment of Homeland Security, the Department strategy and report on economic secu- security partnerships with public and private
of Justice, the Coast Guard, the Centers for rity, science, research, innovation, entities.
Disease Control and Prevention, the Office of manufacturing, and job creation, to es- (2) APPLICATIONS.—An eligible institution
the United States Trade Representative, the tablish a critical supply chain resil- seeking a grant under paragraph (1) shall
Office of the Director of National Intel- iency program, and for other purposes; submit an application to the Director at
ligence, the Central Intelligence Agency , which was ordered to lie on the table; such time, in such manner, and containing
the Department of Defense, the United such information as the Director may rea-
States Postal Service, and other relevant
as follows:
sonably require, including a statement of
agencies, shall submit a report to Congress At the end of title V of division B, add the
how the institution will use the funds award-
that describes— following:
ed through the grant to expand cybersecu-
(1) with respect to illicit fentanyl, fentanyl SEC. 2528. ENHANCING CYBERSECURITY EDU-
CATION. rity education opportunities at the eligible
analogues, synthetic opioids, the precursors institution.
for illicit fentanyl, fentanyl analogues, or (a) FEDERAL CYBER SCHOLARSHIP-FOR-SERV-
ICE PROGRAM.—Section 302 of the Cybersecu-
(3) ACTIVITIES.—An eligible institution
synthetic opioids, methamphetamine, or that receives a grant under this section may
methamphetamine precursors seized at the rity Enhancement Act of 2014 (15 U.S.C. 7442)
is amended— use the funds awarded through such grant for
United States borders and ports of entry— increasing research, education, technical,
(A) the source countries from which such (1) in subsection (a), by adding at the end
the following: ‘‘In carrying out the program partnership, and innovation capacity, includ-
drugs originated and the third party coun- ing for—
tries through which such drugs traveled; under this section, the Director of the Na-
tional Science Foundation, in coordination (A) building and upgrading institutional
(B) the amounts of illicit fentanyl, capacity to better support new or existing
fentanyl analogues, synthetic opioids, the with the Director of the Office of Personnel
Management and Secretary of Homeland Se- cybersecurity programs, including cyberse-
precursors for illicit fentanyl, fentanyl ana- curity partnerships with public and private
logues, or synthetic opioids, methamphet- curity, shall work with Historically Black
Colleges and Universities, minority-serving entities; and
amine, or methamphetamine precursors; and (B) building and upgrading institutional
(C) the lethality of the amounts of illicit institutions, and public institutions of high-
er education that have an enrollment of capacity to provide hands-on research and
fentanyl, fentanyl analogues, synthetic training experiences for undergraduate and
opioids, the precursors for illicit fentanyl, needy students (as defined in section 312(d) of
the Higher Education Act of 1965 (20 U.S.C. graduate students.
fentanyl analogues, or synthetic opioids,
methamphetamine, or methamphetamine 1058(d)), to increase the participation of stu-
dents enrolled in such institutions.’’; SA 2014. Mr. DURBIN (for himself,
precursors seized;
(2) in subsection (b)(4)— Mr. LEAHY, and Mr. REED) submitted
(2) with respect to illicit fentanyl, fentanyl
analogues, synthetic opioids, the precursors (A) in subparagraph (C), by striking ‘‘and’’ an amendment intended to be proposed
for illicit fentanyl, fentanyl analogues, or at the end; to amendment SA 1502 proposed by Mr.
synthetic opioids, methamphetamine, or (B) in subparagraph (D), by striking the pe- SCHUMER to the bill S. 1260, to establish
methamphetamine precursors seized within riod at the end and inserting ‘‘; and’’; and a new Directorate for Technology and
the United States— (C) by adding at the end the following:
‘‘(E) to expand cybersecurity education op-
Innovation in the National Science
(A) the source countries from which such Foundation, to establish a regional
drugs originated and the third party coun- portunities, capacity, and teacher training
for high-need schools and schools serving technology hub program, to require a
tries through which such drugs traveled;
students underrepresented in science, tech- strategy and report on economic secu-
(B) the amounts of illicit fentanyl,
fentanyl analogues, synthetic opioids, the nology, engineering, and mathematics.’’; and rity, science, research, innovation,
precursors for illicit fentanyl, fentanyl ana- (3) in subsection (m)(1)— manufacturing, and job creation, to es-
logues, or synthetic opioids, methamphet- (A) in subparagraph (F), by striking ‘‘and’’ tablish a critical supply chain resil-
amine, or methamphetamine precursors at the end; iency program, and for other purposes;
seized; and (B) in subparagraph (G), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
which was ordered to lie on the table;
(C) the lethality of the amounts of illicit as follows:
fentanyl, fentanyl analogues, synthetic (C) by adding at the end the following:
‘‘(H) the success of recruitment, retention, At the end of subtitle A of title II of divi-
opioids, the precursors for illicit fentanyl,
hiring, and placement of students at Histori- sion C, add the following:
fentanyl analogues, or synthetic opioids,
methamphetamine, or methamphetamine cally Black Colleges and Universities, minor- SEC. 3219L. SENSE OF SENATE ON ALLOCATION
precursors seized; and ity-serving institutions, and public institu- OF SPECIAL DRAWING RIGHTS BY
tions of higher education that have an en- INTERNATIONAL MONETARY FUND
(3) the activities conducted by Chinese en- RELATING TO COVID–19 PANDEMIC.
tities and nationals in furtherance of illicit rollment of needy students (as defined in sec-
tion 312(d) of the Higher Education Act of It is the sense of the Senate that—
fentanyl production in Mexico for drug traf-
1965 (20 U.S.C. 1058(d))), and the level and na- (1) it is in the strategic interests of the
ficking purposes.
ture of participation in the program under United States to help ensure that COVID–19
SA 2012. Mr. OSSOFF submitted an this section by such institutions.’’. vaccines are available to other countries,
(b) DR. DAVID SATCHER CYBERSECURITY particularly poorer countries with limited
amendment intended to be proposed to
EDUCATION GRANT PROGRAM.— resources, not only as a timely live-saving
amendment SA 1502 proposed by Mr. (1) AUTHORIZATION.—The Director shall— and humanitarian measure, but also as the
SCHUMER to the bill S. 1260, to establish (A) award grants to assist Historically best way to protect hard-fought gains made
a new Directorate for Technology and Black Colleges and Universities, minority- against the pandemic in the United States;
Innovation in the National Science serving institutions, and institutions of (2) the people of the United States will
Foundation, to establish a regional higher education that have an enrollment of never be fully protected against the COVID–
technology hub program, to require a needy students (as defined in section 312(d) of 19 pandemic until the pandemic is also
strategy and report on economic secu- the Higher Education Act of 1965 (20 U.S.C. brought under control through vaccination
rity, science, research, innovation, 1058(d))) to establish or expand cybersecurity around the world;
programs, to build and upgrade institutional (3) the release of Special Drawing Rights
manufacturing, and job creation, to es-
capacity to better support new or existing by the International Monetary Fund, as was
tablish a critical supply chain resil- cybersecurity programs, including cyberse- done after the 2008 global economic crisis, is
iency program, and for other purposes; curity partnerships with public and private a no-cost way to help poorer countries pro-
which was ordered to lie on the table; entities, and to support such institutions on cure COVID–19 vaccines and protect against
as follows: the path to producing qualified entrants in the instability caused by a severe economic
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On page 141, on line 8, insert ‘‘and those the cybersecurity workforce or becoming a downturn;
that seek to assess the unintended or long- National Center of Academic Excellence in (4) helping protect against another global
term ethical, privacy, and civil liberties im- Cybersecurity through the program carried economic meltdown by releasing Special
plications of widespread adoption and appli- out by the National Security Agency and the Drawing Rights is also a way to help protect
cation of AI systems’’ after ‘‘systems’’. Department of Homeland Security; and United States export jobs at home, and why
(B) award grants for a 5-year pilot period the move is supported by leaders of United
SA 2013. Mr. OSSOFF submitted an to build capacity to eligible Historically States businesses and labor organizations;
amendment intended to be proposed to Black Colleges and Universities, minority- and
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3453
(5) any allocations of Special Drawing Innovation in the National Science (III) SUFFICIENCY.—If the Secretary of
Rights approved by the International Mone- Foundation, to establish a regional Commerce determines that a covered entity
tary Fund to help with the purchase of technology hub program, to require a cannot feasibly issue warrants or other eq-
COVID–19 vaccines and stem the worst eco- strategy and report on economic secu- uity interests as required by this subpara-
nomic impact of the pandemic should in- graph, the Secretary of Commerce may ac-
clude ongoing efforts to discourage countries
rity, science, research, innovation, cept a senior debt instrument in an amount
that are allies of the United States from ex- manufacturing, and job creation, to es- and on such terms as the Secretary of Com-
changing Special Drawing Rights for hard tablish a critical supply chain resil- merce deems appropriate.
currencies with rogue countries and follow- iency program, and for other purposes;
up by the International Monetary Fund to which was ordered to lie on the table; SA 2017. Ms. ERNST (for herself and
audit how such allocations were spent. as follows: Ms. HASSAN) submitted an amendment
On page 23, between lines 7 and 8, insert intended to be proposed by her to the
SA 2015. Mr. DAINES submitted an the following: bill S. 1260, to establish a new Direc-
amendment intended to be proposed to (5) CONDITIONS OF RECEIPT.— torate for Technology and Innovation
amendment SA 1502 proposed by Mr. (A) REQUIRED AGREEMENT.—A covered enti- in the National Science Foundation, to
SCHUMER to the bill S. 1260, to establish ty to which the Secretary of Commerce
establish a regional technology hub
a new Directorate for Technology and awards Federal financial assistance under
section 9902 of the William M. (Mac) Thorn- program, to require a strategy and re-
Innovation in the National Science port on economic security, science, re-
Foundation, to establish a regional berry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) or search, innovation, manufacturing, and
technology hub program, to require a paragraph (3) of this subsection with job creation, to establish a critical sup-
strategy and report on economic secu- amounts appropriated under this subsection ply chain resiliency program, and for
rity, science, research, innovation, shall enter into an agreement that specifies other purposes; which was ordered to
manufacturing, and job creation, to es- that, during the 5-year period immediately lie on the table; as follows:
tablish a critical supply chain resil- following the award of the Federal financial
assistance— At the appropriate place, insert the fol-
iency program, and for other purposes; lowing:
which was ordered to lie on the table; (i) the covered entity will not—
(I) repurchase an equity security that is SEC. ll. DISCLOSURE REQUIREMENTS FOR RE-
as follows: CIPIENTS OF NSF FUNDS.
listed on a national securities exchange of
At the end of title V of division C, add the the covered entity or any parent company of The National Science Foundation Act of
following: the covered entity, except to the extent re- 1950 (42 U.S.C. 1861 et seq.) is amended by in-
SEC. 3505. POLICY OF UNITED STATES ON MAIN- quired under a contractual obligation that is serting after section 11 the following:
TAINING SUPERIORITY OF UNITED ‘‘SEC. 11A. DISCLOSURE REQUIREMENTS FOR RE-
STATES NUCLEAR FORCES.
in effect as of the date of enactment of this
Act; CIPIENTS OF NSF FUNDS.
(a) SENSE OF CONGRESS.—It is the sense of ‘‘A grantee or subgrantee carrying out a
(II) outsource or offshore jobs to a location
Congress that— program, project, or activity that is, in
outside of the United States; or
(1) the modernization of the land-based whole or in part, carried out using funds pro-
(III) abrogate existing collective bar-
intercontinental ballistic missile, ballistic vided by the Foundation shall clearly state,
gaining agreements; and
missile submarines, and nuclear-capable to the extent possible, in any statement,
(ii) the covered entity will remain neutral
heavy bomber aircraft is essential to main- press release, request for proposals, bid solic-
in any union organizing effort.
taining a competitive edge over the People’s itation, or other document describing the
(B) FINANCIAL PROTECTION OF GOVERN-
Republic of China and providing security for program, project, or activity, other than a
MENT.—
allies of the United States in the region; communication containing not more than
(i) IN GENERAL.—The Secretary of Com-
(2) continued support for the moderniza- 280 characters—
merce may not award Federal financial as-
tion of the nuclear triad will be a necessary ‘‘(1) the percentage of the total costs of the
sistance to a covered entity under section
consideration during ratification of any fu- program, project, or activity which will be
9902 of the William M. (Mac) Thornberry Na-
ture arms control treaty with the People’s financed with funds provided by the Founda-
tional Defense Authorization Act for Fiscal
Republic of China; tion;
Year 2021 (Public Law 116-283) or paragraph
(3) the nuclear forces of the People’s Re- ‘‘(2) the dollar amount of the funds pro-
(3) of this subsection with amounts appro-
public of China will significantly evolve over vided by the Foundation made available for
priated under this subsection, unless—
the decade after the date of the enactment of the program, project, or activity; and
(I)(aa) the covered entity has issued securi-
this Act as the People’s Republic of China ‘‘(3) the percentage of the total costs of,
ties that are traded on a national securities
modernizes, diversifies, and increases the and dollar amount for, the program, project,
exchange; and
number of its land-, sea-, and air-based nu- or activity that will be financed by non-
(bb) the Secretary of the Treasury receives
clear delivery platforms; governmental sources.’’.
a warrant or equity interest in the covered
(4) the People’s Republic of China is pur-
entity; or
suing a nuclear triad with the development SA 2018. Mr. THUNE submitted an
(II) in the case of any covered entity other
of a nuclear-capable air-launched ballistic
missile and improving its ground and sea-
than a covered entity described in subclause amendment intended to be proposed to
(I), the Secretary of the Treasury receives, in amendment SA 1502 proposed by Mr.
based nuclear capabilities; and
the discretion of the Secretary of the Treas- SCHUMER to the bill S. 1260, to establish
(5) new developments in 2019 further sug-
ury— a new Directorate for Technology and
gest that the People’s Republic of China in-
(aa) a warrant or equity interest in the
tends to increase the peacetime readiness of Innovation in the National Science
covered entity; or
its nuclear forces by moving to a launch-on- Foundation, to establish a regional
(bb) a senior debt instrument issued by the
warning posture with an expanded silo-based technology hub program, to require a
covered entity.
force. strategy and report on economic secu-
(b) STATEMENT OF POLICY.—It is the policy (ii) TERMS AND CONDITIONS.—The terms and
of the United States— conditions of any warrant, equity interest, rity, science, research, innovation,
(1) to advance the strategic deterrence ca- or senior debt instrument received under manufacturing, and job creation, to es-
pabilities of the United States both quan- clause (i) shall be set by the Secretary of tablish a critical supply chain resil-
titatively and qualitatively; Commerce and shall meet the following re- iency program, and for other purposes;
quirements:
(2) to ensure the safety, reliability, and which was ordered to lie on the table;
performance of the nuclear forces of the (I) PURPOSES.—Such terms and conditions
shall be designed to provide for a reasonable as follows:
United States;
participation by the Secretary of Commerce, At the end of title III of division F, add the
(3) to fully modernize the United States
for the benefit of taxpayers, in equity appre- following:
nuclear triad as needed to maintain the pre-
mier nuclear force on the planet; and ciation in the case of a warrant or other eq- SEC. 6302. VEHICLE TECHNOLOGY COMPETITIVE-
uity interest, or a reasonable interest rate NESS.
(4) that any new nuclear arms limitation
treaties must include the People’s Republic premium, in the case of a debt instrument. (a) FINDINGS.—Congress finds that—
(II) AUTHORITY TO SELL, EXERCISE, OR SUR- (1) the Government of the People’s Repub-
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of China before ratification.
RENDER.—For the primary benefit of tax- lic of China is investing in developing inno-
SA 2016. Mr. SANDERS (for himself payers, the Secretary of Commerce may sell, vative technologies with commercial and
exercise, or surrender a warrant or any sen- military applications, including autonomous
and Ms. WARREN) submitted an amend-
ior debt instrument received under this sub- vehicles;
ment intended to be proposed to paragraph. The Secretary of Commerce shall (2) the municipal government of Shanghai
amendment SA 1502 proposed by Mr. not exercise voting power with respect to alone has planned investments of
SCHUMER to the bill S. 1260, to establish any shares of common stock acquired under $15,000,000,000 over 10 years for research and
a new Directorate for Technology and this subparagraph. development;
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S3454 CONGRESSIONAL RECORD — SENATE May 25, 2021
(3) the Government of the People’s Repub- (6) CONFORMING AMENDMENT.—Section 105 tions), if applicable, or similar manufacturer
lic of China has a strategy of promoting na- of division H of the Further Consolidated Ap- identification information, including—
tional champions, including in the autono- propriations Act, 2020 (49 U.S.C. 102 note; ‘‘(I) the name of the manufacturer (includ-
mous vehicle industry, in order to overtake Public Law 116–94) is repealed. ing a manufacturer that is an individual,
and replace foreign market leaders; (7) REPORT.—Not later than 90 days after partnership, corporation, or institution of
(4) technological leadership in the autono- the date of enactment of this Act, the Sec- higher education) and a point of contact;
mous vehicle industry represents a global retary shall submit to the appropriate com- ‘‘(II) the physical address of the manufac-
market opportunity worth an estimated mittees of Congress a report describing— turer and the State of incorporation of the
$8,000,000,000,000; (A) the staffing needs of the Center; and manufacturer, if applicable;
(5) unless the United States enacts policies (B) the staffing plan for the Center. ‘‘(III) a description of each type of motor
to protect the technological leadership of (c) MOTOR VEHICLE TESTING OR EVALUA- vehicle used during development of the high-
the United States in the autonomous vehicle TION.— ly automated vehicle, automated driving
industry against the People’s Republic of (1) DEFINITIONS.—Section 30102(a) of title system, or component of the automated driv-
China and other competitors, the United 49, United States Code, is amended— ing system manufactured by the manufac-
States risks losing that technological leader- (A) in the matter preceding paragraph (1), turer; and
ship; and by striking ‘‘chapter—’’ and inserting ‘‘chap- ‘‘(IV) proof of insurance for any State in
(6) maintaining the leading role of the ter:’’; which the manufacturer intends to test or
United States in developing and producing (B) in each of paragraphs (1) through (13)— evaluate highly automated vehicles; and
autonomous vehicles is essential— (i) by inserting ‘‘The term’’ after the para- ‘‘(iv) if applicable, the manufacturer has
(A) to growing manufacturing jobs that graph designation; and identified an agent for service of process in
support a strong middle class; and (ii) by inserting a paragraph heading, the accordance with part 551 of title 49, Code of
(B) to achieving the safety and mobility text of which is comprised of the term de- Federal Regulations (or successor regula-
benefits offered by autonomous vehicles. fined in the paragraph; tions).’’.
(C) by redesignating paragraphs (1) (3) CONFORMING AMENDMENTS.—
(b) HIGHLY AUTOMATED SYSTEMS SAFETY through (13) as paragraphs (2), (3), (4), (5), (7), (A) Section 11028(a)(1)(A) of the 21st Cen-
CENTER OF EXCELLENCE.— (8), (9), (10), (11), (12), (13), (14), and (15), re- tury Department of Justice Appropriations
(1) DEFINITIONS.—In this subsection: spectively; Authorization Act (15 U.S.C. 1226(a)(1)(A)) is
(A) CENTER.—The term ‘‘Center’’ means (D) by inserting before paragraph (2) (as so amended by striking ‘‘section 30102(6) of title
the Highly Automated Systems Safety Cen- redesignated) the following: 49 of the United States Code’’ and inserting
ter of Excellence established under para- ‘‘(1) AUTOMATED DRIVING SYSTEM.—The ‘‘section 30102(a) of title 49, United States
graph (2). term ‘automated driving system’ means a Code’’.
(B) DEPARTMENT.—The term ‘‘Department’’ Level 3, Level 4, or Level 5 automated driv- (B) Section 3(a)(5)(C) of the Consumer
means the Department of Transportation. ing system (as defined in the SAE Inter- Product Safety Act (15 U.S.C. 2052(a)(5)(C)) is
(C) SECRETARY.—The term ‘‘Secretary’’ national Recommended Practice numbered amended by striking ‘‘(as defined by sections
means the Secretary of Transportation. J3016 and dated June 15, 2018 (or a subsequent 102 (3) and (4) of the National Traffic and
(2) ESTABLISHMENT.—The Secretary shall standard adopted by the Secretary)).’’; and Motor Vehicle Safety Act of 1966)’’ and in-
establish a Highly Automated Systems Safe- (E) by inserting after paragraph (5) (as so serting ‘‘(as those terms are defined in sec-
ty Center of Excellence within the Depart- redesignated) the following: tion 30102(a) of title 49, United States Code)’’.
ment for the purpose of maintaining a work- ‘‘(6) HIGHLY AUTOMATED VEHICLE.—The (C) Section 15(b) of the Consumer Product
force at the Department that is capable of term ‘highly automated vehicle’ means a Safety Act (15 U.S.C. 2064(b)) is amended, in
reviewing, assessing, and validating the safe- motor vehicle that is equipped with an auto- the matter preceding paragraph (1), by strik-
ty of automated technologies. mated driving system.’’. ing ‘‘section 30102(a)(7)’’ and inserting ‘‘sec-
(3) DUTIES.— (2) APPLICATION OF CERTAIN PROHIBITIONS.— tion 30102(a)’’.
(A) IN GENERAL.—The Center shall— Section 30112(b) of title 49, United States (D) Section 403(h)(5)(A) of title 23, United
(i) serve as a central location within the Code, is amended by striking paragraph (10) States Code, is amended by striking ‘‘section
Department for expertise in— and inserting the following: 30102(a)(6)’’ and inserting ‘‘section 30102(a)’’.
(I) automation and human factors; ‘‘(10) the introduction of a motor vehicle in (E) Section 2 of Public Law 107–319 (49
(II) computer science; interstate commerce solely for purposes of U.S.C. 30102 note; 116 Stat. 2777) is amended
(III) data analytics; testing, evaluation, or demonstration— by striking ‘‘section 30102(6)’’ and inserting
(IV) machine learning; ‘‘(A) by a manufacturer that— ‘‘section 30102(a)’’.
(V) sensors and other technologies relating ‘‘(i) agrees not to sell or lease, or offer for (F) Section 101(8) of the Servicemembers
to automated systems; and sale or lease, the motor vehicle at the con- Civil Relief Act (50 U.S.C. 3911(8)) is amended
(VI) security; and clusion of the testing, evaluation, or dem- by striking ‘‘section 30102(a)(6)’’ and insert-
(ii) collaborate with, and provide support onstration; ing ‘‘section 30102(a)’’.
to, all operating administrations of the De- ‘‘(ii) has manufactured and distributed into (d) HIGHLY AUTOMATED VEHICLES EXEMP-
partment with respect to highly automated the United States motor vehicles that are TIONS.—Section 30113 of title 49, United
systems. certified, or motor vehicle equipment uti- States Code, is amended—
(B) REVIEW, ASSESSMENT, AND VALIDA- lized in a motor vehicle that is certified, to (1) in subsection (a)—
TION.—The workforce of the Center, in co- comply with all applicable Federal motor ve- (A) by striking the subsection designation
ordination with relevant operating adminis- hicle safety standards; and heading and all that follows through
trations of the Department, shall advise on ‘‘(iii) has submitted to the Secretary ap- ‘‘means a motor’’ and inserting the fol-
the review, assessment, and validation of propriate manufacturer identification infor- lowing:
highly automated systems to ensure the mation under part 566 of title 49, Code of ‘‘(a) DEFINITIONS.—In this section:
safety and security of those systems. Federal Regulations (or successor regula- ‘‘(1) LOW-EMISSION MOTOR VEHICLE.—The
(C) AUTHORITY.—The activities of the Cen- tions); and term ‘low-emission motor vehicle’ means a
ter under this subsection shall not supersede ‘‘(iv) if applicable, has identified an agent motor’’; and
any certification authority granted to an op- for service of process in accordance with part (B) by adding at the end the following:
erating administration of the Department 551 of that title (or successor regulations); or ‘‘(2) NEW MOTOR VEHICLE SAFETY FEATURE.—
under other law (including regulations). ‘‘(B) of a highly automated vehicle, auto- The term ‘new motor vehicle safety feature’
(4) WORKFORCE.—The Center shall have a mated driving system, or component of an includes any feature that enables a highly
workforce composed of— automated driving system if— automated vehicle or an automated driving
(A) employees of the Department, includ- ‘‘(i) the testing, evaluation, or demonstra- system, regardless of whether an exemption
ing— tion of the vehicle is conducted only by em- has already been granted for a similar fea-
(i) direct hires; or ployees, agents, or fleet management con- ture with respect to any other motor vehicle
(ii) detailees from operating administra- tractors of the manufacturer of the highly model.
tions of the Department; or automated vehicle, the automated driving ‘‘(3) SECRETARY.—The term ‘Secretary’
(B) detailees of other Federal agencies. system, or any component of such vehicle or means the Secretary of Transportation.’’;
(5) SAVINGS CLAUSE.—Nothing in this sub- system; (2) in subsection (b)—
section supersedes any law (including regula- ‘‘(ii) the manufacturer agrees not to sell or (A) by striking the subsection designation
tions)— lease, or offer for sale or lease, the highly
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and all that follows through ‘‘The Secretary
(A) granting certification authority to an automated vehicle, automated driving sys- of Transportation’’ in paragraph (1) and in-
operating administration of the Department; tem, or component of an automated driving serting the following:
(B) establishing certification responsibil- system at the conclusion of the testing, eval- ‘‘(b) AUTHORITY TO EXEMPT AND PROCE-
ities for manufacturers (as defined in section uation, or demonstration; DURES.—
30102(a) of title 49, United States Code); or ‘‘(iii) the manufacturer has submitted ap- ‘‘(1) IN GENERAL.—The Secretary’’;
(C) granting authority to an operating ad- propriate manufacturer identification infor- (B) by striking paragraph (2) and inserting
ministration of the Department to determine mation under part 566 of title 49, Code of the following:
safety defects in regulated products. Federal Regulations (or successor regula- ‘‘(2) PROCEDURES.—
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3455
‘‘(A) COMMENCEMENT.— ble for an exemption under clause (ii), (iii), automated driving system is engaged and
‘‘(i) IN GENERAL.—The Secretary shall com- (iv), or (v) of subsection (b)(3)(B) only if the performing the entire dynamic driving task.
mence a proceeding under this subsection Secretary determines that— ‘‘(B) CLARIFICATION.—Paragraph (1) shall
when a manufacturer submits to the Sec- ‘‘(I) during the 1-year period beginning on apply at any time during which an auto-
retary an application for an exemption or the date of enactment of the Endless Fron- mated driving system is not engaged.’’.
the renewal of an exemption in accordance tier Act the number of new exemptions (2) RULEMAKING.—If the Secretary pre-
with clause (ii). granted for that manufacturer is for not scribes a regulation in accordance with sec-
‘‘(ii) APPLICATIONS.—An application for an more than a total of 15,000 highly automated tion 30122(c) of title 49, United States Code,
exemption or the renewal of an exemption vehicles to be sold or otherwise introduced to exempt a manufacturer (as defined in sec-
under this subparagraph shall be filed at into interstate commerce in the United tion 30102(a) of that title) from the prohibi-
such time, in such manner, and containing States; tion under paragraph (1) of section 30122(b) of
such information as the Secretary may re- ‘‘(II) during the 1-year period immediately that title with respect to highly automated
quire. following the period described in subclause vehicles (as defined in section 30102(a) of that
‘‘(B) PUBLICATION.—On commencing a pro- (I), the number of new exemptions granted title), on the effective date of that regula-
ceeding under subparagraph (A), the Sec- for that manufacturer is for not more than a tion—
retary shall— total of 40,000 highly automated vehicles to (A) the amendments to section 30122(b) of
‘‘(i) publish in the Federal Register a no- be sold or otherwise introduced into inter- that title made by paragraph (1) shall termi-
tice of the relevant application; and state commerce in the United States; and nate; and
‘‘(ii) provide an opportunity for public ‘‘(III) subject to clause (ii), during any 1- (B) section 30122(b) of that title shall be in
comment. year period following the period described in effect as if those amendments had not been
‘‘(C) DETERMINATION.—The Secretary shall subclause (II), the number of new exemptions enacted.
grant or deny an exemption or the renewal of granted for that manufacturer is for not (3) LICENSING.—A State may not issue a
an exemption for a highly automated vehicle more than a total of 80,000 highly automated motor vehicle operator’s license for the oper-
by the date that is 180 days after the date on vehicles to be sold or otherwise introduced ation or use of a highly automated vehicle
which the application for the exemption or into interstate commerce in the United (as defined in section 30102(a) of title 49,
renewal is received by the Secretary. States. United States Code) in a manner that dis-
‘‘(D) REVIEW OF PREVIOUSLY GRANTED EX- ‘‘(ii) EXPANSION.—A manufacturer of a criminates on the basis of disability (as de-
EMPTIONS.—For any exemption granted by highly automated vehicle may submit to the fined in section 3 of the Americans with Dis-
the Secretary under this section, the Sec- Secretary a petition to expand the limit on abilities Act of 1990 (42 U.S.C. 12102)).
retary, not less frequently than annually, new exemptions under clause (i)(III) to allow ---
and before granting a renewal or otherwise SA 2019. Mr. THUNE (for himself and
exemptions for more than 80,000 highly auto-
increasing the number of highly automated mated vehicles during any 1-year period if a Mr. TESTER) submitted an amendment
vehicles of a manufacturer that may be sold similar exemption has been in effect for that intended to be proposed to amendment
or otherwise introduced into interstate com- manufacturer for a period of not less than 4 SA 1502 proposed by Mr. SCHUMER to
merce under the exemption, shall evaluate years.’’; the bill S. 1260, to establish a new Di-
the impact of the exemption on motor vehi- (4) in subsection (e)— rectorate for Technology and Innova-
cle safety to ensure compliance with any
(A) by striking the second sentence and in- tion in the National Science Founda-
conditions established by the Secretary.’’;
serting the following: tion, to establish a regional technology
and
‘‘(2) SAFETY EQUIVALENCE.—An exemption hub program, to require a strategy and
(C) in paragraph (3)(B)—
or renewal under clause (ii), (iii), (iv), or (v) report on economic security, science,
(i) in clause (iii), by striking ‘‘or’’ at the
of subsection (b)(3)(B) may be granted—
end; and research, innovation, manufacturing,
‘‘(A) for not more than 2 years; or
(ii) by striking clause (iv) and inserting the and job creation, to establish a critical
‘‘(B) if the motor vehicle is a highly auto-
following: supply chain resiliency program, and
mated vehicle, for not more than 5 years.’’;
‘‘(iv) compliance with the standard would for other purposes; which was ordered
and
prevent the manufacturer from selling, in-
(B) by striking the subsection designation to lie on the table; as follows:
troducing, or delivering into interstate com-
merce a motor vehicle with an overall safety and all that follows through ‘‘An exemption’’ At the end of title III of division F, add the
level at least equal to the safety level of non- in the first sentence and inserting the fol- following:
exempt vehicles; or lowing: SEC. 6302. REPORT ON COUNTRY-OF-ORIGIN LA-
‘‘(e) MAXIMUM PERIOD.— BELING FOR BEEF, PORK, AND
‘‘(v) the exemption would provide— OTHER MEAT PRODUCTS.
‘‘(I) transportation access for individuals ‘‘(1) SUBSTANTIAL ECONOMIC HARDSHIP.—An
exemption’’; and Not later than one year after the date of
with disabilities (as defined in section 3 of the enactment of this Act, the United States
the Americans with Disabilities Act of 1990 (5) by adding at the end the following:
‘‘(i) PROCESS AND ANALYSIS.— Trade Representative and the Secretary of
(42 U.S.C. 12102)), including nonvisual access Agriculture shall jointly submit to the Com-
for individuals who are blind or visually im- ‘‘(1) IN GENERAL.—Not later than 180 days
mittee on Finance and the Committee on Ag-
paired; and after the date of enactment of the Endless
riculture, Nutrition, and Forestry of the
‘‘(II)(aa) a safety level at least equal to the Frontier Act, the Secretary shall publish a
Senate and the Committee on Ways and
safety level of the standard from which the notice in the Federal Register that describes
Means and the Committee on Agriculture of
exemption is sought; or the process and analysis used for the consid- the House of Representatives a report on the
‘‘(bb) an overall safety level at least equal eration of an application for an exemption or ruling issued by the World Trade Organiza-
to the overall safety level of nonexempt ve- the renewal of an exemption under this sec- tion in 2015 on country-of-origin labeling for
hicles.’’; and tion for a highly automated vehicle. beef, pork, and other meat products that in-
(3) by striking subsection (d) and inserting ‘‘(2) PERIODIC REVIEW AND UPDATING.—The cludes—
the following: Secretary shall— (1) an assessment of the impact of the rul-
‘‘(d) ELIGIBILITY.— ‘‘(A) review the notice under paragraph (1) ing on—
‘‘(1) SUBSTANTIAL ECONOMIC HARDSHIP.—A by the date that is 5 years after the initial (A) consumer awareness regarding the ori-
manufacturer is eligible for an exemption date of publication, and not less frequently gin of meat consumed in the United States;
under subsection (b)(3)(B)(i) (including an ex- than once every 5 years thereafter; and (B) agricultural producers in the United
emption relating to a bumper standard re- ‘‘(B) update the notice if the Secretary de- States, taking into consideration other mar-
ferred to in subsection (b)(1)) only if the Sec- termines that an update is necessary.’’. ketplace dynamics;
retary determines that the total motor vehi- (e) DUAL USE VEHICLE SAFETY.— (C) the security and resilience of the food
cle production of the manufacturer in the (1) IN GENERAL.—Section 30122(b) of title 49, supply in the United States; and
most recent year of production is not more United States Code, is amended— (D) the continuity of trade and the fulfill-
than 10,000. (A) by striking ‘‘A manufacturer’’ and in- ment of trade obligations under the North
‘‘(2) SAFETY EQUIVALENCE.— serting the following: American Free Trade Agreement and the
‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) IN GENERAL.—Except as provided in Agreement between the United States of
subparagraph (B), a manufacturer is eligible paragraph (2), a manufacturer’’; and America, the United Mexican States, and
for an exemption under clause (ii), (iii), (iv), (B) by adding at the end the following: Canada; and
or (v) of subsection (b)(3)(B) only if the Sec- ‘‘(2) EXCEPTION.— (2) if the assessment under paragraph (1)
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retary determines that the exemption is for ‘‘(A) IN GENERAL.—Paragraph (1) shall not indicates that the ruling had a negative im-
not more than 2,500 vehicles to be sold or apply in any case in which a manufacturer pact on consumers in the United States, ag-
otherwise introduced into interstate com- intentionally causes a steering wheel, brake ricultural producers in the United States,
merce in the United States during any 1-year pedal, accelerator pedal, gear shift, or any and the overall security and resilience of the
period. other device or element of design relating to food supply in the United States, rec-
‘‘(B) HIGHLY AUTOMATED VEHICLES.— the performance of the dynamic driving task ommendations for such legislative or admin-
‘‘(i) IN GENERAL.—With respect to highly by a human driver to be temporarily disabled istrative action as the Secretary of Agri-
automated vehicles, a manufacturer is eligi- during the time that a Level 4 or Level 5 culture considers appropriate—
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S3456 CONGRESSIONAL RECORD — SENATE May 25, 2021
(A) to better inform consumers in the ment intended to be proposed to (1) completes the identification of emerg-
United States; amendment SA 1502 proposed by Mr. ing and foundational technologies as re-
(B) to support agricultural producers in SCHUMER to the bill S. 1260, to establish quired under section 1758(a) of the Export
the United States; and Control Reform Act of 2018 (50 U.S.C. 4817(a));
a new Directorate for Technology and
(C) to improve the security and resilience and
of the food supply in the United States. Innovation in the National Science (2) issues proposed rules with respect to
Foundation, to establish a regional such technologies.
SA 2020. Mr. BOOKER submitted an technology hub program, to require a
amendment intended to be proposed to strategy and report on economic secu- SA 2025. Mr. ROMNEY (for himself
amendment SA 1502 proposed by Mr. rity, science, research, innovation, and Mr. MENENDEZ) submitted an
SCHUMER to the bill S. 1260, to establish manufacturing, and job creation, to es- amendment intended to be proposed to
a new Directorate for Technology and tablish a critical supply chain resil- amendment SA 1502 proposed by Mr.
Innovation in the National Science iency program, and for other purposes; SCHUMER to the bill S. 1260, to establish
Foundation, to establish a regional which was ordered to lie on the table; a new Directorate for Technology and
technology hub program, to require a as follows: Innovation in the National Science
strategy and report on economic secu- On page 227, between lines 10 and 11, insert Foundation, to establish a regional
rity, science, research, innovation, the following: technology hub program, to require a
(9) DEPARTMENT OF VETERANS AFFAIRS.—As strategy and report on economic secu-
manufacturing, and job creation, to es- part of the Initiative, the Secretary of Vet-
tablish a critical supply chain resil- erans Affairs shall conduct and support re-
rity, science, research, innovation,
iency program, and for other purposes; search and development in engineering biol- manufacturing, and job creation, to es-
which was ordered to lie on the table; ogy. tablish a critical supply chain resil-
as follows: iency program, and for other purposes;
At the end of subtitle A of title II of divi- SA 2023. Mr. SASSE submitted an which was ordered to lie on the table;
sion C, insert the following: amendment intended to be proposed to as follows:
SEC. 3219L. FRAMEWORK FOR DISTRIBUTION OF amendment SA 1502 proposed by Mr. At the appropriate place, insert the fol-
COVID–19 VACCINES AROUND THE SCHUMER to the bill S. 1260, to establish lowing:
WORLD. a new Directorate for Technology and SEC. llll. UNITED STATES GRAND STRATEGY
(a) IN GENERAL.—Not later than 30 days Innovation in the National Science WITH RESPECT TO CHINA.
after the date of enactment of this Act, and Foundation, to establish a regional (a) FINDINGS; SENSE OF CONGRESS.—
every 30 days thereafter until the date that technology hub program, to require a (1) FINDINGS.—Congress finds the following:
is one year after such date of enactment, the (A) The United States is in a new era of
strategy and report on economic secu-
COVID–19 Task Force shall submit to the geostrategic and geoeconomic competition
Committee on Foreign Relations, the Com- rity, science, research, innovation,
with the People’s Republic of China, a great
mittee on Appropriations, and the Com- manufacturing, and job creation, to es-
power that seeks to challenge international
mittee on Health, Education, Labor, and tablish a critical supply chain resil- norms, laws and institutions, and confront
Pensions of the Senate, and to the Com- iency program, and for other purposes; the United States across diplomatic, eco-
mittee Foreign Affairs, the Committee on which was ordered to lie on the table; nomic, military, technological, and informa-
Appropriations, and the Committee on En- as follows: tional domains.
ergy and Commerce of the House of Rep- At the appropriate place in division B, in- (B) As it has during previous periods of
resentatives a report on the framework for sert the following: great power competition, the United States
the distribution around the world of COVID– SEC. lll. AUTHORIZATION OF APPROPRIA- must articulate and refine its grand strat-
19 vaccines produced in the United States. TIONS FOR THE DEFENSE AD- egy, including through rigorous testing of
(b) CONTENT.—The reports submitted under VANCED RESEARCH PROJECTS assumptions and by drawing on expertise
subsection (a) shall include updates, as ap- AGENCY. outside the United States Government, to
propriate, on the following: (a) IN GENERAL.—Notwithstanding any ensure its ultimate success, as well as global
(1) The number of vaccines procured by the other provision of law, there is authorized to peace, stability, and shared prosperity.
United States and distributed through be appropriated for the Defense Advanced (C) In January 1950, President Truman re-
COVAX or through other bilateral or multi- Research Projects Agency to conduct re- quested an in-depth report on the state of
lateral agreements. search and development in key technology the world, actions taken by adversaries of
(2) The number of vaccines procured by the focus areas $3,500,000,000 for each of fiscal the United States, and the development of a
United States that the Federal Government years 2022 through 2026. comprehensive national strategy, resulting
has allocated for potential future distribu- (b) SUPPLEMENT, NOT SUPPLANT.—Any in a paper entitled ‘‘United States Objectives
tion through COVAX or through other bilat- amount appropriated pursuant to the au- and Programs for National Security’’, also
eral or multilateral agreements. thorization in subsection (a) shall supple- known as NSC-68.
(3) A framework for how countries will be ment and not supplant any amounts already (D) President Eisenhower utilized experts
prioritized for the delivery of COVID–19 vac- appropriated for the Defense Advanced Re- from both within and outside the United
cines provided directly by the Federal Gov- search Projects Agency. States Government during Project Solarium
ernment. to produce NSC 162/2, a ‘‘Statement of Policy
(4) A review of deployments of health and SA 2024. Mr. SASSE submitted an
by the National Security Council on Basic
diplomatic personnel overseas engaged in amendment intended to be proposed to National Security Policy’’ in order to ‘‘meet
COVID–19 response efforts. amendment SA 1502 proposed by Mr. the Soviet Threat to U.S. security’’ and
SCHUMER to the bill S. 1260, to establish guide United States national security policy.
SA 2021. Mr. PORTMAN (for himself a new Directorate for Technology and (E) President Ford authorized the Team B
and Ms. WARREN) submitted an amend- Innovation in the National Science project to draw in experts from outside the
ment intended to be proposed to Foundation, to establish a regional United States Government to question and
amendment SA 1502 proposed by Mr. technology hub program, to require a strengthen the analysis of the Central Intel-
SCHUMER to the bill S. 1260, to establish strategy and report on economic secu- ligence Agency.
a new Directorate for Technology and (F) A model for United States strategy on
rity, science, research, innovation, a great power competitor is the January 17,
Innovation in the National Science manufacturing, and job creation, to es- 1983, National Security Decision Directive
Foundation, to establish a regional tablish a critical supply chain resil- Number 75, approved by President Reagan, to
technology hub program, to require a iency program, and for other purposes; organize United States strategy toward the
strategy and report on economic secu- which was ordered to lie on the table; Soviet Union in order to clarify and orient
rity, science, research, innovation, as follows: United States policies towards specific objec-
manufacturing, and job creation, to es- At the end of title V of division B, add the tives vis a vis the Soviet Union.
tablish a critical supply chain resil- following: (2) SENSE OF CONGRESS.—It is the sense of
Congress that the United States should draw
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iency program, and for other purposes; SEC. 2527. DELAY IN AVAILABILITY OF FUNDS
UNTIL COMPLETION OF IDENTIFICA- upon previous successful models of grand
which was ordered to lie on the table;
TION OF EMERGING AND strategy to articulate a strategy that appro-
as follows: FOUNDATIONAL TECHNOLOGIES. priately addresses the evolving challenges
On page 210, line 7, insert ‘‘the Department None of the funds authorized to be appro- and contours of the new era of geostrategic
of Veterans Affairs,’’ before ‘‘and any’’. priated or otherwise made available by this and geoeconomic competition with the Peo-
division for the Secretary of Commerce may ple’s Republic of China.
SA 2022. Mr. PORTMAN (for himself be obligated or expended until the Sec- (b) UNITED STATES GRAND STRATEGY WITH
and Ms. WARREN) submitted an amend- retary— RESPECT TO CHINA.—
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3457
(1) IN GENERAL.—Not later than 30 days capabilities, strategy, and end-state or end- 3043) after the date of the enactment of this
after the date on which the President first states. Act, the President shall—
submits to Congress a national security (B) ASSESSMENT AND RECOMMENDATIONS.— (A) appoint the members of the Board pur-
strategy under section 108 of the National The Board shall analyze the United States suant to paragraph (4); and
Security Act of 1947 (50 U.S.C. 3043) after the national security strategy with respect to (B) submit to Congress a list of the mem-
date of the enactment of this Act, the Presi- the People’s Republic of China, including bers so appointed.
dent shall commence developing a com- challenging its assumptions and approach, (6) EXPERTS AND CONSULTANTS.—The Board
prehensive report that articulates the strat- and make recommendations to the President is authorized to procure temporary and
egy of the United States with respect to the for the China Strategy. intermittent services under section 3109 of
People’s Republic of China (in this section (4) COMPOSITION.— title 5, United States Code, but at rates for
referred to as the ‘‘China Strategy’’) that (A) RECOMMENDATIONS.—Not later than 30 individuals not to exceed the daily equiva-
builds on the work of such national security days after the date on which the President lent of the maximum annual rate of basic
strategy. first submits to Congress a national security pay under level IV of the Executive Schedule
(2) SUBMITTAL.—Not later than 270 days strategy under section 108 of the National under section 5315 of title 5, United States
after the date on which the President first Security Act of 1947 (50 U.S.C. 3043) after the Code.
submits to Congress a national security date of the enactment of this Act, the major- (7) SECURITY CLEARANCES.—The appropriate
strategy under section 108 of the National ity leader of the Senate, the minority leader Federal departments or agencies shall co-
Security Act of 1947 (50 U.S.C. 3043) after the of the Senate, the Speaker of the House of operate with the Board in expeditiously pro-
date of the enactment of this Act, the Presi- Representatives, and the minority leader of viding to the Board members and experts and
dent shall submit to Congress the China the House of Representatives shall each pro- consultants appropriate security clearances
Strategy developed under paragraph (1). vide to the President a list of at not fewer to the extent possible pursuant to existing
(3) FORM.—The China Strategy shall be than 6 candidates for membership on the procedures and requirements, except that no
submitted in classified form and shall in- Board, at least 3 of whom shall be individ- person may be provided with access to classi-
clude an unclassified summary. uals in the private sector and 3 of whom fied information under this Act without the
(c) CONTENTS.—The China Strategy devel- shall be individuals in academia or employed appropriate security clearances.
oped under subsection (b) shall set forth the by a nonprofit research institution. (8) RECEIPT, HANDLING, STORAGE, AND DIS-
(B) MEMBERSHIP.—The Board shall be com- SEMINATION.—Information shall only be re-
national security strategy of the United
posed of 8 members appointed by the Presi- ceived, handled, stored, and disseminated by
States with respect to the People’s Republic
dent as follows: members of the Board and any experts and
of China and shall include a comprehensive
(i) Four shall be selected from among indi- consultants consistent with all applicable
description and discussion of the following:
viduals in the private sector. statutes, regulations, and Executive orders.
(1) The worldwide interests, values, goals,
(ii) Four shall be selected from among indi- (9) NONAPPLICABILITY OF CERTAIN REQUIRE-
and objectives of the United States as they
viduals in academia or employed by a non- MENTS.—The Federal Advisory Committee
relate to geostrategic and geoeconomic com-
profit research institution. Act (5 U.S.C. App.) and section 552b of title 5,
petition with the People’s Republic of China.
(iii) Two members should be selected from United States Code (commonly known as the
(2) The foreign and economic policy, world-
among individuals included in the list sub- ‘‘Government in the Sunshine Act’’), shall
wide commitments, and national defense ca- mitted by the majority leader of the Senate
pabilities of the United States necessary to not apply to the Board.
under subparagraph (A), of whom— (10) UNCOMPENSATED SERVICE.—Members of
deter aggression and to implement the na- (I) one should be selected from among indi-
tional security strategy of the United States the Board shall serve without compensation.
viduals in the private sector; and (11) COOPERATION FROM GOVERNMENT.—In
as they relate to the new era of competition (II) one should be selected from among in-
with the People’s Republic of China. carrying out its duties, the Board shall re-
dividuals in academia or employed by a non- ceive the full and timely cooperation of the
(3) How the United States will exercise the profit research institution.
political, economic, military, diplomatic, heads of relevant Federal departments and
(iv) Two members should be selected from agencies in providing the Board with anal-
and other elements of its national power to among individuals included in the list sub-
protect or advance its interests and values ysis, briefings, and other information nec-
mitted by the minority leader of the Senate essary for the fulfillment of its responsibil-
and achieve the goals and objectives referred under subparagraph (A), of whom—
to in paragraph (1). ities.
(I) one should be selected from among indi- (12) AUTHORIZATION OF APPROPRIATIONS.—
(4) The adequacy of the capabilities of the viduals in the private sector; and
United States Government to carry out the There are authorized to be appropriated to
(II) one should be selected from among in- carry out this section $2,000,000 for the period
national security strategy of the United dividuals in academia or employed by a non-
States within the context of new and emer- of fiscal years 2022 and 2023.
profit research institution. (13) TERMINATION.—The Board shall termi-
gent challenges to the international order (v) Two members should be selected from
posed by the People’s Republic of China, in- nate on the date that is 60 days after the
among individuals included in the list sub- date on which the President submits the
cluding an evaluation— mitted by the Speaker of the House of Rep-
(A) of the balance among the capabilities China Strategy to Congress under subsection
resentatives under subparagraph (A), or
of all elements of national power of the (b)(2).
whom— ---
United States; and (I) one should be selected from among indi- SA 2026. Ms. BALDWIN (for herself
(B) the balance of all United States ele- viduals in the private sector; and
ments of national power in comparison to and Mr. BRAUN) submitted an amend-
(II) one should be selected from among in-
equivalent elements of national power of the dividuals in academia or employed by a non-
ment intended to be proposed to
People’s Republic of China. profit research institution. amendment SA 1502 proposed by Mr.
(5) The assumptions and end-state or end- (vi) Two members should be selected from SCHUMER to the bill S. 1260, to establish
states of the strategy of the United States among individuals included in the list sub- a new Directorate for Technology and
globally and in the Indo-Pacific region with mitted by the minority leader of the House Innovation in the National Science
respect to the People’s Republic of China. of Representatives under subparagraph (A), Foundation, to establish a regional
(6) Such other information as the Presi- of whom— technology hub program, to require a
dent considers necessary to help inform Con- (I) one should be selected from among indi- strategy and report on economic secu-
gress on matters relating to the national se- viduals in the private sector; and rity, science, research, innovation,
curity strategy of the United States with re- (II) one should be selected from among in-
spect to the People’s Republic of China. manufacturing, and job creation, to es-
dividuals in academia or employed by a non-
(d) ADVISORY BOARD ON UNITED STATES profit research institution.
tablish a critical supply chain resil-
GRAND STRATEGY WITH RESPECT TO CHINA.— (C) NONGOVERNMENTAL MEMBERSHIP; PERIOD iency program, and for other purposes;
(1) ESTABLISHMENT.—There is hereby estab- OF APPOINTMENT; VACANCIES.— which was ordered to lie on the table;
lished in the executive branch a commission (i) NONGOVERNMENTAL MEMBERSHIP.—An in- as follows:
to be known as the ‘‘Advisory Board on dividual appointed to the Board may not be In section 4111(5), strike ‘‘concrete and
United States Grand Strategy with respect an officer or employee of an instrumentality other aggregates,’’.
to China’’ (in this section referred to as the of government. In section 4117, add at the end the fol-
‘‘Board’’). (ii) PERIOD OF APPOINTMENT.—Members lowing:
(2) PURPOSE.—The purpose of the Board is shall be appointed for the life of the Board. (c) LIMITATION WITH RESPECT TO CERTAIN
SSpencer on DSK126QN23PROD with SENATE
to convene outside experts to advise the (iii) VACANCIES.—Any vacancy in the Board AGGREGATES.—In this part—
President on development of the China shall be filled in the same manner as the (1) the term ‘‘construction materials’’ shall
Strategy. original appointment. not include cement and cementitious mate-
(3) DUTIES.— (5) DEADLINE FOR APPOINTMENT.—Not later rials and aggregates such as stone, sand, or
(A) REVIEW.—The Board shall review the than 60 days after the date on which the gravel; and
current national security strategy of the President first submits to Congress a na- (2) the standards developed under section
United States with respect to the People’s tional security strategy under section 108 of 4115(b)(1) shall not include cement and ce-
Republic of China, including assumptions, the National Security Act of 1947 (50 U.S.C. mentitious materials and aggregates such as
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S3458 CONGRESSIONAL RECORD — SENATE May 25, 2021
stone, sand, or gravel as inputs of the con- ceutical product subject to the jurisdiction the privileges and immunities provided in
struction material. of the Food and Drug Administration. the Federal Trade Commission Act (15 U.S.C.
(2) CERTAIN DRUG PRODUCTS.—It shall be 41 et seq.) as though all applicable terms and
SA 2027. Ms. BALDWIN submitted an unlawful for a drug that is not subject to sec- provisions of that Act were incorporated and
amendment intended to be proposed to tion 503(b)(1) of the Federal Food, Drug, and made part of this section.
amendment SA 1502 proposed by Mr. Cosmetic Act (21 U.S.C. 353(b)(1)) and that is (C) AUTHORITY PRESERVED.—Nothing in
SCHUMER to the bill S. 1260, to establish required to be marked under section 304 of this section may be construed to limit the
a new Directorate for Technology and the Tariff Act of 1930 (19 U.S.C. 1304) to be of- authority of the Commission under any
fered for sale in commerce to consumers on other provision of law.
Innovation in the National Science
an internet website unless the internet (3) INTERAGENCY AGREEMENT.—Not later
Foundation, to establish a regional website description of the drug indicates in a than 6 months after the date of enactment of
technology hub program, to require a conspicuous place the name and place of this division, the Commission, the U.S. Cus-
strategy and report on economic secu- business of the manufacturer, packer, or dis- toms and Border Protection, and the Depart-
rity, science, research, innovation, tributor that is required to appear on the ment of Agriculture shall—
manufacturing, and job creation, to es- label of the drug in accordance with section (A) enter into a Memorandum of Under-
tablish a critical supply chain resil- 502(b) of the Federal Food, Drug, and Cos- standing or other appropriate agreement for
iency program, and for other purposes; metic Act (21 U.S.C. 352(b)). the purpose of providing consistent imple-
which was ordered to lie on the table; (3) OBLIGATION TO PROVIDE.—A manufac- mentation of this section; and
turer, importer, distributor, seller, supplier, (B) publish such agreement to provide pub-
as follows:
or private labeler seeking to have a product lic guidance.
Strike 2510 of division B and insert the fol- introduced, sold, advertised, or offered for
lowing: (4) DEFINITION OF COMMISSION.—In this sub-
sale in commerce shall provide the informa- section, the term ‘‘Commission’’ means the
SEC. 2510. COUNTRY OF ORIGIN LABELING ON- tion identified in clauses (i) and (ii) of para-
LINE ACT. Federal Trade Commission.
graph (1)(A) or paragraph (2), as applicable, (d) EFFECTIVE DATE.—This section shall
(a) MANDATORY ORIGIN AND LOCATION DIS- to the relevant retailer or internet website
CLOSURE FOR PRODUCTS OFFERED FOR SALE ON
take effect 12 months after the date of the
marketplace. publication of the Memorandum of Under-
THE INTERNET.—
(4) SAFE HARBOR.—A retailer or internet standing or agreement under subsection
(1) IN GENERAL.— website marketplace satisfies the disclosure
(A) DISCLOSURE.—It shall be unlawful for a (c)(3).
requirements under subparagraphs (i) and (ii)
product that is required to be marked under of paragraph (1)(A) or paragraph (2), as appli- SA 2028. Mr. JOHNSON (for himself,
section 304 of the Tariff Act of 1930 (19 U.S.C. cable, if the disclosure required under such
1304) or its implementing regulations to be
Mr. RISCH, Mr. BARRASSO, Mr. CRUZ,
clauses or paragraph (2), as applicable, in- and Mr. RUBIO) submitted an amend-
introduced, sold, advertised, or offered for cludes the country of origin and seller infor-
sale in commerce on an internet website un- ment intended to be proposed to
mation provided by a third-party manufac-
less the internet website description of the turer, importer, distributor, seller, supplier, amendment SA 1502 proposed by Mr.
product— or private labeler of the product. SCHUMER to the bill S. 1260, to establish
(i)(I) indicates in a conspicuous place the (b) PROHIBITION ON FALSE AND MISLEADING a new Directorate for Technology and
country of origin of the product (or, in the REPRESENTATION OF UNITED STATES ORIGIN Innovation in the National Science
case of multi-sourced products, countries of ON PRODUCTS.— Foundation, to establish a regional
origin), in a manner consistent with the reg- (1) UNLAWFUL ACTIVITY.—Notwithstanding technology hub program, to require a
ulations prescribed under section 304 of the any other provision of law, and except as
Tariff Act of 1930 (19 U.S.C. 1304) and the strategy and report on economic secu-
provided for in paragraph (2), it shall be un-
country of origin marking regulations ad- lawful to make any false or deceptive rep- rity, science, research, innovation,
ministered by U.S. Customs and Border Pro- resentation that a product or its parts or manufacturing, and job creation, to es-
tection; and processing are of United States origin in any tablish a critical supply chain resil-
(II) includes, in the case of— labeling, advertising, or other promotional iency program, and for other purposes;
(aa) a new passenger motor vehicle (as de- materials, or any other form of marketing, which was ordered to lie on the table;
fined in section 32304 of title 49, United including marketing through digital or elec- as follows:
States Code), the country of origin disclo- tronic means in the United States. At the appropriate place, insert the fol-
sure required by such section; (2) DECEPTIVE REPRESENTATION.—For pur- lowing:
(bb) a textile fiber product (as defined in poses of paragraph (1), a representation that SEC. ll. AGREEMENTS RELATED TO NUCLEAR
section 2 of the Textile Fiber Products Iden- a product is in whole, or in part, of United PROGRAM OF IRAN DEEMED TREA-
tification Act (15 U.S.C. 70b)), the country of States origin is deceptive if, at the time the TIES SUBJECT TO ADVICE AND CON-
origin disclosure required by such Act; representation is made, such claim is not SENT OF THE SENATE.
(cc) a wool product (as defined in section 2 consistent with section 5 of the Federal (a) TREATY SUBJECT TO ADVICE AND CON-
of the Wool Products Labeling Act of 1939 (15 Trade Commission Act (15 U.S.C. 45(a)) and SENT OF THE SENATE.—Notwithstanding any
U.S.C. 68)), the country of origin disclosure any regulations promulgated by the Commis- other provision of law, any agreement
required by such Act; sion pursuant to section 320933 of the Violent reached by the President with Iran relating
(dd) a fur product (as defined in section 2 of Crime Control and Law Enforcement Act of to the nuclear program of Iran is deemed to
the Fur Products Labeling Act (15 U.S.C. 1994 (15 U.S.C. 45a), provided that no other be a treaty that is subject to the require-
69)), the country of origin disclosure required Federal statute or regulation applies. ments of article II, section 2, clause 2 of the
by such Act; and (3) LIMITATION OF LIABILITY.—A retailer or Constitution of the United States requiring
(ee) a covered commodity (as defined in internet website marketplace is not in viola- that the treaty is subject to the advice and
section 281 of the Agricultural Marketing tion of this subsection if a third-party manu- consent of the Senate, with two-thirds of
Act of 1946 (7 U.S.C. 1638)), the country of ori- facturer, distributor, seller, supplier, or pri- Senators concurring.
gin information required by section 282 of vate labeler provided the retailer or internet (b) LIMITATION ON SANCTIONS RELIEF.—Not-
such Act (7 U.S.C. 1638a); and website marketplace with a false or decep- withstanding any other provision of law, the
(ii) indicates in a conspicuous place the tive representation as to the country of ori- President may not waive, suspend, reduce,
country in which the seller of the product is gin of a product or its parts or processing. provide relief from, or otherwise limit the
located (and, if applicable, the country in (c) ENFORCEMENT BY COMMISSION.— application of sanctions under any other pro-
which any parent corporation of such seller (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- vision of law or refrain from applying any
is located). TICES.—A violation of subsection (a) or (b) such sanctions pursuant to an agreement re-
(B) ADDITIONAL REQUIREMENT.—The disclo- shall be treated as a violation of a rule pre- lated to the nuclear program of Iran that in-
sure of a product’s country of origin required scribed under section 18(a)(1)(B) of the Fed- cludes the United States, commits the
pursuant to subparagraph (A)(i) shall not be eral Trade Commission Act (15 U.S.C. United States to take action, or pursuant to
made in such a manner as to represent to a 57a(a)(1)(B)). which the United States commits or other-
consumer that the product is in whole, or (2) POWERS OF THE COMMISSION.— wise agrees to take action, regardless of the
part, of United States origin, unless such dis- (A) IN GENERAL.—The Commission shall en- form it takes, whether a political commit-
closure is consistent with section 5 of the force this section in the same manner, by the ment or otherwise, and regardless of whether
Federal Trade Commission Act (15 U.S.C. same means, and with the same jurisdiction, it is legally binding or not, including any
SSpencer on DSK126QN23PROD with SENATE
45(a)) and any regulations promulgated by powers, and duties as though all applicable joint comprehensive plan of action entered
the Commission pursuant to section 320933 of terms and provisions of the Federal Trade into or made between Iran and any other
the Violent Crime Control and Law Enforce- Commission Act (15 U.S.C. 41 et seq.) were parties, and any additional materials related
ment Act of 1994 (15 U.S.C. 45a), provided incorporated into and made a part of this thereto, including annexes, appendices, codi-
that no other Federal statute or regulation section. cils, side agreements, implementing mate-
applies. (B) PRIVILEGES AND IMMUNITIES.—Any per- rials, documents, and guidance, technical or
(C) LIMITATION.—The provisions of this son that violates subsection (a) or (b) shall other understandings, and any related agree-
paragraph shall not apply to a pharma- be subject to the penalties and entitled to ments, whether entered into or implemented
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May 25, 2021 CONGRESSIONAL RECORD — SENATE S3459
prior to the agreement or to be entered into a new Directorate for Technology and of broadband, without regard to whether the
or implemented in the future, unless the Innovation in the National Science source of that funding was appropriated
agreement is subject to the advice and con- Foundation, to establish a regional amounts, user-generated fees, or any other
sent of the Senate as a treaty and receives source.
the concurrence of two-thirds of Senators.
technology hub program, to require a
(2) ANNUAL ANALYSIS.—
strategy and report on economic secu- (A) IN GENERAL.—Not later than 1 year
SA 2029. Mr. SULLIVAN submitted rity, science, research, innovation, after the date of enactment of this Act, and
an amendment intended to be proposed manufacturing, and job creation, to es- annually thereafter, the Comptroller Gen-
to amendment SA 1502 proposed by Mr. tablish a critical supply chain resil- eral of the United States shall conduct a re-
SCHUMER to the bill S. 1260, to establish iency program, and for other purposes; view of, for the year covered by the review—
a new Directorate for Technology and which was ordered to lie on the table; (i) the total amount spent by the Federal
Innovation in the National Science as follows: Government, and State and local govern-
ments, regarding the deployment of
Foundation, to establish a regional At the appropriate place in title IV of divi-
broadband, without regard to whether the
technology hub program, to require a sion D, insert the following: source of that funding was appropriated
strategy and report on economic secu- SEC. llll. ENCOURAGING DOMESTIC UN- amounts, user-generated fees, or any other
rity, science, research, innovation, MANNED AIRCRAFT SYSTEM INDUS-
TRY TO PARTNER AND COLLABO-
source;
manufacturing, and job creation, to es- RATE WITH UNITED STATES MANU- (ii) the return on investment with respect
tablish a critical supply chain resil- FACTURERS OF CERTAIN SAFETY to the investment described in clause (i); and
iency program, and for other purposes; ACCESSORIES. (iii) which Federal programs and agencies
which was ordered to lie on the table; (a) COVERED SAFETY ACCESSORIES.—For have engaged in activities regarding the de-
as follows: purposes of this section, a covered safety ac- ployment of broadband.
cessory is a parachute recovery system (B) PUBLIC AVAILABILITY.—The Comptroller
At the end of title I of division E, add the
that— General of the United States shall make the
following:
(1) is designed and manufactured in the results of each review conducted under sub-
SEC. 5105. SENSE OF CONGRESS REGARDING
CORPORATE AND FINANCIAL DEAL- United States; and paragraph (A) publicly available in an easily
INGS BY AMERICANS WITH THE CHI- (2) the technology of which has been deter- accessible electronic format.
NESE COMMUNIST PARTY. mined to be compliant with ASTM F3322-18.
(a) IN GENERAL.—It is the sense of Congress (b) ENCOURAGEMENT.—Congress encourages SA 2032. Mrs. BLACKBURN sub-
that United States corporate, business, uni- the domestic unmanned aircraft system in- mitted an amendment intended to be
versity, and financial entities, organizations, dustry to partner and collaborate with proposed to amendment SA 1502 pro-
and their senior executives, all of which ben- United States persons who design and manu- posed by Mr. SCHUMER to the bill S.
efit from United States capital markets and facture covered safety accessories to ensure 1260, to establish a new Directorate for
the protection of our Nation’s laws and mili- interoperability between domestic products Technology and Innovation in the Na-
tary— through investment in research and develop-
tional Science Foundation, to establish
(1) should not engage in any activity, in ment.
On page 1217, between lines 4 and 5, insert a regional technology hub program, to
the course of their dealings with the People’s
Republic of China, that would harm the the following: require a strategy and report on eco-
United States or its allies, after considering (4) the ability of the unmanned aircraft nomic security, science, research, inno-
the long term ethical, fiduciary, and com- system domestic market to partner and col- vation, manufacturing, and job cre-
petitiveness implications of such activity; laborate with United States persons who de- ation, to establish a critical supply
(2) should not enter into trades of sensitive sign and manufacture in the United States chain resiliency program, and for other
technology or products, transfers of intellec- parachute recovery systems that use tech- purposes; which was ordered to lie on
tual property, or monetary investment nology that has been determined as being the table; as follows:
(whether directly or indirectly) with the Chi- compliant with ASTM F3322-18;
Beginning on page 341, strike line 22 and
nese Communist Party, entities owned or all that follows through page 342, line 19, and
controlled by the Chinese Communist Party, SA 2031. Mr. CRUZ submitted an insert the following:
the People’s Liberation Army, or for the ben- amendment intended to be proposed to (l) DETERMINATION RELATED TO OPTICAL
efit of any key industrial sector supported amendment SA 1703 submitted by Ms. FIBER.—
by the Chinese Communist Party if such KLOBUCHAR (for herself, Mrs. CAPITO, (1) PROCEEDING.—Not later than 45 days
dealings would— Ms. CORTEZ MASTO, and Mr. SULLIVAN) after the date of enactment of this division,
(A) allow the Chinese Communist Party or and intended to be proposed to the the Secretary of Commerce shall commence
People’s Liberation Army to gain a compara- a process to make a determination for pur-
amendment SA 1502 proposed by Mr.
tive military advantage or advantage in the poses of section 2 of the Secure and Trusted
global economy; SCHUMER to the bill S. 1260, to establish Communications Networks Act of 2019 (47
(B) allow the Chinese Communist Party to a new Directorate for Technology and U.S.C. 1601) whether future transactions in-
stifle human freedom or perfect its techno- Innovation in the National Science volving optical fiber manufactured, pro-
logically enabled police state at home and Foundation, to establish a regional duced, or distributed by an entity owned,
abroad; technology hub program, to require a controlled, or supported by the People’s Re-
(C) negatively impact the United States’ strategy and report on economic secu- public of China would pose an unacceptable
competitiveness and national security; or rity, science, research, innovation, risk to the national security of the United
(D) would be counter to the objectives of States or the security and safety of United
manufacturing, and job creation, to es-
this Act. States persons.
(b) KEY INDUSTRIAL SECTORS.—Examples of tablish a critical supply chain resil- (2) COMMUNICATION OF DETERMINATION.—If
key industrial sectors referred to in sub- iency program, and for other purposes; the Secretary determines pursuant to para-
section (a) are— which was ordered to lie on the table; graph (1) that future transactions involving
(1) information technology; as follows: such optical fiber would pose an unaccept-
(2) artificial intelligence; On page 5, after line 10, add the following: able risk consistent with that paragraph, the
(3) the internet of things; (e) GAO REVIEWS.— Secretary shall immediately transmit that
(4) smart appliances; (1) REPORT TO COMMITTEES.—Not later than determination to the Federal Communica-
(5) robotics; 180 days after the date of enactment of this tions Commission consistent with section 2
(6) machine learning; Act, the Comptroller General of the United of the Secure and Trusted Communications
(7) energy; States shall submit to the Committee on Networks Act of 2019 (47 U.S.C. 1601).
(8) aerospace engineering; Commerce, Science, and Transportation of
(9) ocean engineering; the Senate and the Committee on Energy SA 2033. Ms. KLOBUCHAR (for her-
(10) railway equipment; and Commerce of the House of Representa- self, Mrs. CAPITO, Mr. SULLIVAN, and
(11) power equipment; tives a report that analyzes, for the 20-year Ms. CORTEZ MASTO) submitted an
(12) new materials; period preceding the date of enactment of amendment intended to be proposed to
(13) pharmaceuticals; this Act—
SSpencer on DSK126QN23PROD with SENATE
amendment SA 1502 proposed by Mr.
(14) biomedicine; (A) the total amount spent by the Federal
(15) medical devices; and
SCHUMER to the bill S. 1260, to establish
Government regarding the deployment of a new Directorate for Technology and
(16) agricultural machinery. broadband, without regard to whether the
source of that funding was appropriated
Innovation in the National Science
SA 2030. Mr. SULLIVAN submitted amounts, user-generated fees, or any other Foundation, to establish a regional
an amendment intended to be proposed source; and technology hub program, to require a
to amendment SA 1502 proposed by Mr. (B) the total amount spent by State and strategy and report on economic secu-
SCHUMER to the bill S. 1260, to establish local governments regarding the deployment rity, science, research, innovation,
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S3460 CONGRESSIONAL RECORD — SENATE May 25, 2021
manufacturing, and job creation, to es- considers appropriate, including the Sec- the session of the Senate on Tuesday,
tablish a critical supply chain resil- retary of Agriculture, the Commissioner of May 25, 2021, at 2:30 p.m., to conduct a
iency program, and for other purposes; the Bureau of Labor Statistics, the Adminis- hearing.
trator of the Small Business Administration,
which was ordered to lie on the table; f
and the Federal Communications Commis-
as follows: sion; PRIVILEGES OF THE FLOOR
At the appropriate place, insert the fol- (B) representatives of the business commu-
lowing: nity, including rural and urban internet Mr. PAUL. Mr. President, I ask unan-
SEC. lll. ASSESSMENT AND ANALYSIS RE- service providers and telecommunications imous consent that the following in-
GARDING THE EFFECT OF THE DIG- infrastructure providers; terns in my office be granted floor
ITAL ECONOMY ON THE ECONOMY
OF THE UNITED STATES.
(C) representatives from State, local, and privileges until August, 13, 2021: Daniel
tribal government agencies; and Rankin, Chip Wyatt, Jacob Patterson,
(a) DEFINITIONS.—In this section:
(D) representatives from consumer and Nick Lolli, Phil Steinkrauss, Brett Ab-
(1) APPROPRIATE COMMITTEES OF CON-
community organizations.
GRESS.—The term ‘‘appropriate committees bott, Esther McGuire, and Justin Witt.
(d) REPORT.—The Secretary shall submit to
of Congress’’ means— The PRESIDING OFFICER. Without
the appropriate committees of Congress a re-
(A) the Committee on Commerce, Science, objection, it is so ordered.
port regarding the findings of the Secretary
and Transportation of the Senate;
with respect to each assessment and analysis f
(B) the Committee on Environment and
conducted under subsection (b).
Public Works of the Senate; NATIONAL MPS AWARENESS DAY
(C) the Committee on Small Business and f
Entrepreneurship of the Senate;
Mr. SCHUMER. Madam President, I
AUTHORITY FOR COMMITTEES TO ask unanimous consent that the Sen-
(D) the Committee on Energy and Com-
MEET ate proceed to the consideration of S.
merce of the House of Representatives;
(E) the Committee on Transportation and Mr. DURBIN. Mr. President, I have 8 Res. 235 submitted earlier today.
Infrastructure of the House of Representa- requests for committees to meet during The PRESIDING OFFICER. The
tives; and today’s session of the Senate. They clerk will report the resolution by
(F) the Committee on Small Business of have the approval of the Majority and title.
the House of Representatives. Minority leaders. The bill clerk read as follows:
(2) ASSISTANT SECRETARY.—The term ‘‘As-
sistant Secretary’’ means the Assistant Sec-
Pursuant to rule XXVI, paragraph A resolution (S. Res. 235) designating May
retary of Commerce for Communications and 5(a), of the Standing Rules of the Sen- 15, 2021, as ‘‘National MPS Awareness Day’’.
Information. ate, the following committees are au- There being no objection, the Senate
(3) BROADBAND.—The term ‘‘broadband’’ thorized to meet during today’s session proceeded to consider the resolution.
means an Internet Protocol-based trans- of the Senate: Mr. SCHUMER. Madam President, I
mission service that enables users to send COMMITTEE ON ARMED SERVICES ask unanimous consent that the reso-
and receive voice, video, data, or graphics, or lution be agreed to, that the preamble
The Committee on Armed Services is
a combination of those items.
(4) DIGITAL ECONOMY.—The term ‘‘digital authorized to meet during the session be agreed to, and that the motions to
economy’’— of the Senate on Tuesday, May 25, 2021, reconsider be considered made and laid
(A) has the meaning given the term by the at 9:30 a.m., to conduct a hearing on upon the table with no intervening ac-
Bureau of Economic Analysis of the Depart- nominations. tion or debate.
ment of Commerce; and COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without
(B) includes— AFFAIRS objection, it is so ordered.
(i) the basic physical materials and organi- The Committee on Banking, Housing, The resolution (S. Res. 235) was
zational arrangements that support the ex- agreed to.
and Urban Affairs is authorized to
istence and use of computer networks, pri-
meet during the session of the Senate The preamble was agreed to.
marily information and communications
technology goods and services; on Tuesday, May 25, 2021, at 10 a.m., to (The resolution, with its preamble, is
(ii) the remote sale of goods and services conduct a hearing. printed in today’s RECORD under ‘‘Sub-
over computer networks; and COMMITTEE ON COMMERCE, SCIENCE, AND mitted Resolutions.’’)
(iii) services relating to computing and TRANSPORTATION f
communication that are performed for a fee The Committee on Commerce,
charged to a consumer. AUTHORIZING TESTIMONY, DOCU-
Science, and Transportation is author- MENTS, AND REPRESENTATION
(5) DIGITAL MEDIA.—The term ‘‘digital
media’’ means the content that participants
ized to meet during the session of the IN UNITED STATES V. WORNICK
in e-commerce create and access. Senate on Tuesday, May 25, 2021, at 3
p.m., to conduct a hearing. The PRESIDING OFFICER. Madam
(6) E-COMMERCE.—The term ‘‘e-commerce’’
means the digital transactions that take COMMITTEE ON FINANCE
President, I ask unanimous consent
place using the infrastructure described in that the Senate proceed to the imme-
The Committee on Finance is author-
paragraph (4)(B)(i). diate consideration of S. Res. 236,
ized to meet during the session of the
(7) SECRETARY.—The term ‘‘Secretary’’ which was submitted earlier today.
Senate on Tuesday, May 25, 2021, at 9:30
means the Secretary of Commerce. The PRESIDING OFFICER. The
(b) BIENNIAL ASSESSMENT AND ANALYSIS a.m., to conduct a hearing on nomina-
clerk will report the resolution by
REQUIRED.—Not later than 2 years after the tions.
title.
date of enactment of this Act, and biennially COMMITTEE ON FOREIGN RELATIONS
The bill clerk read as follows:
thereafter, the Secretary, in consultation The Committee on Foreign Relations
with the Director of the Bureau of Economic A resolution (S. Res. 236) to authorize tes-
is authorized to meet during the ses- timony, documents, and representation in
Analysis of the Department of Commerce
sion of the Senate on Tuesday, May 25, United States v. Wornick.
and the Assistant Secretary, shall conduct
an assessment and analysis regarding the 2021, at 2:15 p.m., to conduct a hearing. There being no objection, the Senate
contribution of the digital economy to the COMMITTEE ON HEALTH, EDUCATION, LABOR,
proceeded to consider the resolution.
economy of the United States. AND PENSIONS
Mr. SCHUMER. I further ask that the
(c) CONSIDERATIONS AND CONSULTATION.—In The Committee on Health, Edu-
conducting each assessment and analysis re-
resolution be agreed to, the preamble
cation, Labor, and Pensions is author- be agreed to, and the motions to recon-
quired under subsection (b), the Secretary ized to meet during the session of the
shall— sider be considered made and laid upon
(1) consider the impact of—
Senate on Tuesday, May 25, 2021, at 2:15 the table with no intervening action or
(A) the deployment and adoption of— p.m., to conduct a hearing. debate.
(i) digital-enabling infrastructure; and COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without
SSpencer on DSK126QN23PROD with SENATE
(ii) broadband; The Committee on the Judiciary is objection, it is so ordered.
(B) e-commerce and platform-enabled peer- authorized to meet during the session The resolution (S. Res. 236) was
to-peer commerce; and of the Senate on Tuesday, May 25, 2021,
(C) the production and consumption of dig-
agreed to.
at 2:30 p.m., to conduct a hearing. The preamble was agreed to.
ital media, including free media; and
(2) consult with— SELECT COMMITTEE ON INTELLIGENCE (The resolution, with its preamble, is
(A) the heads of any agencies and offices of The Select Committee on Intel- printed in today’s RECORD under ‘‘Sub-
the Federal Government as the Secretary ligence is authorized to meet during mitted Resolutions.’’)
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