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Text of Amendments (Cong. Rec., May 26, 2021)

Summary

Page S3512 of the Senate section of the Congressional Record for May 26, 2021, headed Text of Amendments, in interleaved columns. A long list shows amendments to S. 1260 submitted by Mr. Johnson, Mr. Van Hollen, Mr. Sasse, Mr. Tuberville, Ms. Baldwin, Mr. Lujan and Ms. Cortez Masto, among others, each ordered to lie on the table. Amendment text covers accrediting agency recognition of eligible job training programs under section 496(a)(4) of the Higher Education Act of 1965. Mr. Schumer says the Senate is making very good progress and has had more amendments on this bill than on any bill he can recall, and a Judiciary Committee hearing on nominations is announced.

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Cite this document

“Text of Amendments (Cong. Rec., May 26, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-05-26-crec-2021-05-26-pt1-pgs3512-acac7f721f/, SHA-256 f3d99e08695d49b90f902fcf1f8cd86d5018f4de2e76145df733ec4911eb1817.

Full text

                                             S3512                                             CONGRESSIONAL RECORD — SENATE                                                            May 26, 2021
                                             SA 1502 proposed by Mr. SCHUMER to the bill             be proposed to amendment SA 1502 proposed              tended to be proposed to amendment SA 1502
                                             S. 1260, supra; which was ordered to lie on             by Mr. SCHUMER to the bill S. 1260, supra;             proposed by Mr. SCHUMER to the bill S. 1260,
                                             the table.                                              which was ordered to lie on the table.                 supra; which was ordered to lie on the table.
                                               SA 2047. Mr. JOHNSON submitted an                       SA 2063. Mr. SASSE submitted an amend-                 SA 2081. Ms. BALDWIN submitted an
                                             amendment intended to be proposed to                    ment intended to be proposed to amendment              amendment intended to be proposed to
                                             amendment SA 1502 proposed by Mr. SCHU-                 SA 1502 proposed by Mr. SCHUMER to the bill            amendment SA 1502 proposed by Mr. SCHU-
                                             MER to the bill S. 1260, supra; which was or-           S. 1260, supra; which was ordered to lie on            MER to the bill S. 1260, supra; which was or-
                                             dered to lie on the table.                              the table.                                             dered to lie on the table.
                                               SA 2048. Mr. JOHNSON submitted an                       SA 2064. Mr. SASSE submitted an amend-                 SA 2082. Mr. LUJÁN (for himself, Mrs. CAP-
                                             amendment intended to be proposed to                    ment intended to be proposed by him to the             ITO, and Mr. MANCHIN) submitted an amend-
                                             amendment SA 1502 proposed by Mr. SCHU-                 bill S. 1260, supra; which was ordered to lie          ment intended to be proposed to amendment
                                             MER to the bill S. 1260, supra; which was or-           on the table.                                          SA 1502 proposed by Mr. SCHUMER to the bill
                                             dered to lie on the table.                                SA 2065. Mr. TUBERVILLE submitted an                 S. 1260, supra; which was ordered to lie on
                                               SA 2049. Mr. VAN HOLLEN (for himself,                 amendment intended to be proposed to                   the table.
                                             Mr. TILLIS, Mr. WARNOCK, Mr. CARDIN, and                amendment SA 1502 proposed by Mr. SCHU-                  SA 2083. Ms. CORTEZ MASTO (for herself,
                                             Mr. COONS) submitted an amendment in-                   MER to the bill S. 1260, supra; which was or-          Mr. DURBIN, Mr. MANCHIN, Ms. HASSAN, Mr.
                                             tended to be proposed by him to the bill S.             dered to lie on the table.                             GRASSLEY, Ms. ERNST, and Mrs. CAPITO) sub-
                                             1260, supra; which was ordered to lie on the              SA 2066. Mr. HAGERTY submitted an                    mitted an amendment intended to be pro-
                                             table.                                                  amendment intended to be proposed to                   posed to amendment SA 1502 proposed by Mr.
                                               SA 2050. Mr. RISCH (for himself, Mr.                  amendment SA 1502 proposed by Mr. SCHU-                SCHUMER to the bill S. 1260, supra; which was
                                             MENENDEZ, Mr. RUBIO, and Mr. CARDIN) sub-               MER to the bill S. 1260, supra; which was or-
                                                                                                                                                            ordered to lie on the table.
                                             mitted an amendment intended to be pro-                 dered to lie on the table.                               SA 2084. Mr. MERKLEY submitted an
                                             posed to amendment SA 1502 proposed by Mr.                SA 2067. Mr. DURBIN submitted an amend-
                                                                                                                                                            amendment intended to be proposed to
                                             SCHUMER to the bill S. 1260, supra; which was           ment intended to be proposed to amendment
                                                                                                                                                            amendment SA 1977 submitted by Mr.
                                             ordered to lie on the table.                            SA 1502 proposed by Mr. SCHUMER to the bill
                                               SA 2051. Mr. BRAUN (for himself and Ms.                                                                      MERKLEY and intended to be proposed to the
                                                                                                     S. 1260, supra; which was ordered to lie on
                                             STABENOW) submitted an amendment in-                                                                           amendment SA 1502 proposed by Mr. SCHU-
                                                                                                     the table.
                                                                                                                                                            MER to the bill S. 1260, supra; which was or-
                                             tended to be proposed to amendment SA 1502                SA 2068. Mr. BENNET submitted an amend-
                                             proposed by Mr. SCHUMER to the bill S. 1260,                                                                   dered to lie on the table.
                                                                                                     ment intended to be proposed by him to the
                                             supra; which was ordered to lie on the table.                                                                    SA 2085. Mrs. BLACKBURN submitted an
                                                                                                     bill S. 1260, supra; which was ordered to lie
                                               SA 2052. Ms. ERNST submitted an amend-                                                                       amendment intended to be proposed to
                                                                                                     on the table.
                                             ment intended to be proposed to amendment                 SA 2069. Mr. WICKER submitted an amend-              amendment SA 1502 proposed by Mr. SCHU-
                                             SA 1502 proposed by Mr. SCHUMER to the bill                                                                    MER to the bill S. 1260, supra; which was or-
                                                                                                     ment intended to be proposed to amendment
                                             S. 1260, supra; which was ordered to lie on             SA 1502 proposed by Mr. SCHUMER to the bill            dered to lie on the table.
                                             the table.                                              S. 1260, supra; which was ordered to lie on              SA 2086. Mr. MORAN (for himself and Mr.
                                               SA 2053. Mr. CRUZ (for himself, Mr. JOHN-             the table.                                             SANDERS) submitted an amendment intended
                                             SON, Mr. BARRASSO, Mr. RUBIO, Mr. COTTON,                 SA 2070. Mr. BENNET submitted an                     to be proposed to amendment SA 1502 pro-
                                             and Mr. HAGERTY) submitted an amendment                 amendment intended to be proposed by him               posed by Mr. SCHUMER to the bill S. 1260,
                                             intended to be proposed to amendment SA                 to the bill S. 1260, supra; which was ordered          supra; which was ordered to lie on the table.
                                             1502 proposed by Mr. SCHUMER to the bill S.             to lie on the table.                                     SA 2087. Ms. ERNST submitted an amend-
                                             1260, supra; which was ordered to lie on the              SA 2071. Mr. BENNET (for himself and Mr.             ment intended to be proposed to amendment
                                             table.                                                  SASSE) submitted an amendment intended to              SA 1502 proposed by Mr. SCHUMER to the bill
                                               SA 2054. Mr. PORTMAN (for himself, Mr.                be proposed to amendment SA 1502 proposed              S. 1260, supra; which was ordered to lie on
                                             HEINRICH, and Mr. LUJÁN) submitted an                  by Mr. SCHUMER to the bill S. 1260, supra;             the table.
                                             amendment intended to be proposed to                    which was ordered to lie on the table.                   SA 2088. Ms. MURKOWSKI submitted an
                                             amendment SA 1502 proposed by Mr. SCHU-                   SA 2072. Mr. BENNET (for himself and Mr.             amendment intended to be proposed to
                                             MER to the bill S. 1260, supra; which was or-           SASSE) submitted an amendment intended to              amendment SA 1502 proposed by Mr. SCHU-
                                             dered to lie on the table.                              be proposed to amendment SA 1502 proposed              MER to the bill S. 1260, supra; which was or-
                                               SA 2055. Mr. PAUL submitted an amend-                 by Mr. SCHUMER to the bill S. 1260, supra;             dered to lie on the table.
                                             ment intended to be proposed to amendment               which was ordered to lie on the table.                   SA 2089. Ms. MURKOWSKI submitted an
                                             SA 1502 proposed by Mr. SCHUMER to the bill               SA 2073. Mr. TILLIS (for himself and Ms.             amendment intended to be proposed to
                                             S. 1260, supra; which was ordered to lie on             HASSAN) submitted an amendment intended                amendment SA 1502 proposed by Mr. SCHU-
                                             the table.                                              to be proposed to amendment SA 1502 pro-               MER to the bill S. 1260, supra; which was or-
                                               SA 2056. Mr. PAUL submitted an amend-                 posed by Mr. SCHUMER to the bill S. 1260,              dered to lie on the table.
                                             ment intended to be proposed to amendment               supra; which was ordered to lie on the table.            SA 2090. Mr. KAINE (for himself and Mr.
                                             SA 1502 proposed by Mr. SCHUMER to the bill               SA 2074. Mrs. BLACKBURN submitted an                 PORTMAN) submitted an amendment intended
                                             S. 1260, supra; which was ordered to lie on             amendment intended to be proposed to                   to be proposed to amendment SA 1502 pro-
                                             the table.                                              amendment SA 1502 proposed by Mr. SCHU-                posed by Mr. SCHUMER to the bill S. 1260,
                                               SA 2057. Mr. BARRASSO (for himself, Ms.               MER to the bill S. 1260, supra; which was or-          supra; which was ordered to lie on the table.
                                             MURKOWSKI, Ms. LUMMIS, Mr. LANKFORD, Mr.                dered to lie on the table.                                             f
                                             CRAMER, Mrs. HYDE-SMITH, and Mr. HOEVEN)                  SA 2075. Ms. HASSAN (for herself and Mr.
                                             submitted an amendment intended to be pro-              CORNYN) submitted an amendment intended                       TEXT OF AMENDMENTS
                                             posed by him to the bill S. 1260, supra; which          to be proposed to amendment SA 1502 pro-
                                                                                                     posed by Mr. SCHUMER to the bill S. 1260,
                                                                                                                                                              SA 2034. Ms. WARREN (for herself
                                             was ordered to lie on the table.
                                               SA 2058. Mr. CASSIDY (for himself, Mr.                supra; which was ordered to lie on the table.          and Mr. RUBIO) submitted an amend-
                                             DURBIN, Ms. HIRONO, Mr. COONS, Mr.                        SA 2076. Ms. HASSAN submitted an amend-              ment intended to be proposed to
                                             WARNOCK, and Mr. GRASSLEY) submitted an                 ment intended to be proposed to amendment              amendment SA 1502 proposed by Mr.
                                             amendment intended to be proposed to                    SA 1835 submitted by Ms. HASSAN and in-                SCHUMER to the bill S. 1260, to establish
                                             amendment SA 1502 proposed by Mr. SCHU-                 tended to be proposed to the amendment SA              a new Directorate for Technology and
                                             MER to the bill S. 1260, supra; which was or-           1502 proposed by Mr. SCHUMER to the bill S.            Innovation in the National Science
                                             dered to lie on the table.                              1260, supra; which was ordered to lie on the
                                               SA 2059. Mr. PADILLA (for himself, Mr.                table.
                                                                                                                                                            Foundation, to establish a regional
                                             LUJÁN, Ms. CORTEZ MASTO, and Mr. CORNYN)                 SA 2077. Mr. BROWN submitted an amend-               technology hub program, to require a
                                             submitted an amendment intended to be pro-              ment intended to be proposed to amendment              strategy and report on economic secu-
                                             posed to amendment SA 1502 proposed by Mr.              SA 1502 proposed by Mr. SCHUMER to the bill            rity, science, research, innovation,
                                             SCHUMER to the bill S. 1260, supra; which was           S. 1260, supra; which was ordered to lie on            manufacturing, and job creation, to es-
                                             ordered to lie on the table.                            the table.                                             tablish a critical supply chain resil-
                                               SA 2060. Mr. LEAHY (for himself and Mr.                 SA 2078. Mr. BROWN submitted an amend-
                                                                                                                                                            iency program, and for other purposes;
                                             TILLIS) submitted an amendment intended to              ment intended to be proposed to amendment
                                             be proposed to amendment SA 1502 proposed               SA 1502 proposed by Mr. SCHUMER to the bill            which was ordered to lie on the table;
                                             by Mr. SCHUMER to the bill S. 1260, supra;              S. 1260, supra; which was ordered to lie on            as follows:
                                             which was ordered to lie on the table.                  the table.                                               At the end of title III of division E, add the




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                                               SA 2061. Mr. KING (for himself and Mr.                  SA 2079. Mr. BROWN submitted an amend-               following:
                                             LANKFORD) submitted an amendment in-                    ment intended to be proposed to amendment              SEC. 5311. REPORT ON FOREIGN INVESTMENT
                                             tended to be proposed to amendment SA 1502              SA 1502 proposed by Mr. SCHUMER to the bill                       FROM THE PEOPLE’S REPUBLIC OF
                                             proposed by Mr. SCHUMER to the bill S. 1260,            S. 1260, supra; which was ordered to lie on                       CHINA IN PHARMACEUTICAL INDUS-
                                             supra; which was ordered to lie on the table.           the table.                                                        TRY.
                                               SA 2062. Mr. SASSE (for himself and Mr.                 SA 2080. Mr. KING (for himself and Mr.                 (a) IN GENERAL.—Not later than one year
                                             COONS) submitted an amendment intended to               LANKFORD) submitted an amendment in-                   after the date of the enactment of this Act,




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                      S3513
                                             and annually thereafter, the Federal Trade              laboratory is also located is designated as a            At the appropriate place in title V of divi-
                                             Commission, in consultation with the Sec-               regional technology hub.                               sion B, insert the following:
                                             retary of Commerce, shall submit to the ap-                                                                    SEC. 25ll. REGULATION OF FOREIGN MANUFAC-
                                             propriate congressional committees, the Sec-              SA 2036. Mr. BARRASSO (for him-                                 TURERS OF CYLINDERS USED IN
                                             retary of Health and Human Services, the                self, Mr. RISCH, Mr. CRUZ, Mr. CRAMER,                            TRANSPORTING HAZARDOUS MATE-
                                             Committee on Foreign Investment in the                  Mr. CRAPO, and Mr. JOHNSON) sub-                                  RIALS.
                                             United States, and the Commissioner of                  mitted an amendment intended to be                        (a) DEFINITIONS.—In this section:
                                             Food and Drugs, a report on foreign invest-                                                                       (1) CYLINDER.—The term ‘‘cylinder’’ means
                                             ment from the People’s Republic of China in             proposed to amendment SA 1502 pro-
                                                                                                     posed by Mr. SCHUMER to the bill S.                    any cylinder specified under any of sections
                                             the pharmaceutical industry of the United                                                                      178.36 through 178.68 of title 49, Code of Fed-
                                             States.                                                 1260, to establish a new Directorate for               eral Regulations (or successor regulations).
                                                (b) ELEMENTS.—The report required by sub-            Technology and Innovation in the Na-                      (2) FOREIGN MANUFACTURER OF CYLINDERS;
                                             section (a) shall include an assessment of—             tional Science Foundation, to establish                FMOC.—The term ‘‘foreign manufacturer of
                                                (1) the supply chain of the pharmaceutical           a regional technology hub program, to                  cylinders’’ or ‘‘FMOC’’ means an entity that
                                             industry of the United States and the effect
                                             of concentration and reliance on manufac-
                                                                                                     require a strategy and report on eco-                  manufactures cylinders outside of the United
                                                                                                     nomic security, science, research, inno-               States that are intended to be represented,
                                             turing in the People’s Republic of China
                                                                                                     vation, manufacturing, and job cre-                    marked, certified, or sold as qualified for use
                                             within that industry;
                                                (2) the effect of foreign investment from            ation, to establish a critical supply                  in transporting a hazardous material in com-
                                             the People’s Republic of China in the phar-                                                                    merce in the United States.
                                                                                                     chain resiliency program, and for other                   (3) IN GOOD STANDING.—The term ‘‘in good
                                             maceutical industry of the United States on             purposes; which was ordered to lie on
                                             domestic capacity to produce drugs and ac-                                                                     standing’’, with respect to an FMOC, means
                                                                                                     the table; as follows:                                 that the FMOC—
                                             tive and inactive ingredients of drugs; and
                                                (3) the effect of foreign investment from              At the end of subtitle B of title I of divi-            (A) is approved by the Secretary pursuant
                                             the People’s Republic of China in tech-                 sion C, add the following:                             to section 107.807 of title 49, Code of Federal
                                             nologies or other products for sequencing or            SEC. 3117. PROHIBITION ON RESTRICTIONS ON              Regulations (or a successor regulation); and
                                                                                                                 POWER-GENERATION PROJECTS BY                  (B) has demonstrated 3 years of compliance
                                             storage of DNA, including genome and exome                          UNITED STATES INTERNATIONAL
                                             analysis, in the United States, including the                                                                  with—
                                                                                                                 DEVELOPMENT FINANCE CORPORA-
                                             effect of such investment on the capacity to                                                                      (i) part 107 of title 49, Code of Federal Reg-
                                                                                                                 TION IN CERTAIN COUNTRIES.
                                             sequence or store DNA in the United States.                                                                    ulations (or successor regulations); and
                                                                                                       (a) PROHIBITION ON CERTAIN RESTRICTIONS
                                                (c) AUTHORITY.—The Federal Trade Com-                                                                          (ii) chapter 51 of title 49, United States
                                                                                                     ON     POWER-GENERATION      PROJECTS.—The
                                             mission shall have authority under section 6                                                                   Code.
                                                                                                     United States International Development Fi-
                                             of the Federal Trade Commission Act (15                                                                           (4) SECRETARY.—The term ‘‘Secretary’’
                                                                                                     nance Corporation (in this section referred
                                             U.S.C. 46) to conduct the studies required to                                                                  means the Secretary of Transportation.
                                                                                                     to as the ‘‘Corporation’’) shall not imple-
                                             prepare the report required by subsection (a).          ment or enforce any rule, regulation, policy,             (b) APPROVAL OF FOREIGN MANUFACTURERS
                                                (d) PUBLICATION.—The Federal Trade Com-                                                                     OF CYLINDERS.—
                                                                                                     procedure, or guideline that would prohibit
                                             mission shall publish an unclassified sum-                                                                        (1) IN GENERAL.—The Secretary shall pro-
                                             mary of the report required by subsection (a)           or restrict the source of energy used by a
                                                                                                     power-generation project the purpose of                mulgate regulations to provide that an ap-
                                             on a publicly available internet website of                                                                    proval provided to an FMOC pursuant to sec-
                                             the Commission.                                         which is to provide affordable electricity in
                                                                                                     an IDA-eligible country or an IDA-blend                tion 107.807 of title 49, Code of Federal Regu-
                                                (e) APPROPRIATE CONGRESSIONAL COMMIT-                                                                       lations (or a successor regulation), shall be
                                             TEES DEFINED.—In this section, the term                 country.
                                                                                                        (b) LIMITATION ON BOARD.—The Board of               for a period of not longer than 1 year, except
                                             ‘‘appropriate    congressional    committees’’                                                                 as provided under paragraph (2).
                                             means—                                                  the Corporation shall not, whether directly
                                                                                                     or through authority delegated by the Board,              (2) 5-YEAR APPROVAL.—The Secretary may
                                                (1) the Committee on Banking, Housing,                                                                      provide a 5-year approval of an FMOC pursu-
                                             and Urban Affairs, the Committee on Health,             reject a power-generation project in an IDA-
                                                                                                     eligible country or an IDA-blend country               ant to section 107.807 of title 49, Code of Fed-
                                             Education, Labor, and Pensions, the Com-                                                                       eral Regulations (or a successor regulation),
                                             mittee on Armed Services, the Committee on              based on the source of energy used by the
                                                                                                     project.                                               if the following requirements are met:
                                             Foreign Relations, the Committee on Com-                                                                          (A) The FMOC attests that none of the cyl-
                                             merce, Science, and Transportation, and the                (c) ALL-OF-THE-ABOVE ENERGY DEVELOP-
                                                                                                     MENT STRATEGY.—The Corporation shall pro-              inders made by the FMOC are prohibited
                                             Committee on Appropriations of the Senate;                                                                     from entry to the United States under sec-
                                             and                                                     mote a technology- and fuel-neutral, all-of-
                                                                                                     the-above energy development strategy for              tion 307 of the Tariff Act of 1930 (19 U.S.C.
                                                (2) the Committee on Financial Services,                                                                    1307).
                                             the Committee on Energy and Commerce,                   IDA-eligible countries and an IDA-blend
                                                                                                     countries that includes the use of oil, nat-              (B) The FMOC certifies that—
                                             the Committee on Armed Services, the Com-                                                                         (i) the information provided pursuant to
                                             mittee on Foreign Affairs, and the Com-                 ural gas, coal, hydroelectric, wind, solar, and
                                                                                                     geothermal power and other sources of en-              subsection (f) is accurate; and
                                             mittee on Appropriations of the House of                                                                          (ii) the FMOC has a proactive responsi-
                                             Representatives.                                        ergy.
                                                                                                        (d) DEFINITIONS.—In this section:                   bility to inform the Secretary if any such in-
                                                                                                        (1) IDA-ELIGIBLE COUNTRY.—The term                  formation materially changes.
                                               SA 2035. Mr. YOUNG submitted an
                                                                                                     ‘‘IDA-eligible country’’ means a country eli-             (C) The FMOC provides proof of the min-
                                             amendment intended to be proposed to                                                                           imum financial responsibility required under
                                                                                                     gible for support from the International De-
                                             amendment SA 1502 proposed by Mr.                                                                              subsection (c).
                                                                                                     velopment Association and not the Inter-
                                             SCHUMER to the bill S. 1260, to establish               national Bank for Reconstruction and Devel-               (D) The Secretary determines that the
                                             a new Directorate for Technology and                    opment.                                                FMOC is in good standing.
                                             Innovation in the National Science                         (2) IDA-BLEND COUNTRY.—The term ‘‘IDA-                 (3) FACILITY INSPECTIONS.—
                                             Foundation, to establish a regional                     blend country’’ means a country eligible for              (A) DEFINITION OF OBSTRUCTS.—In this sub-
                                             technology hub program, to require a                    support from both the International Devel-             section, the term ‘‘obstructs’’ means taking
                                             strategy and report on economic secu-                   opment Association and the International               actions that are known, or reasonably should
                                             rity, science, research, innovation,                    Bank for Reconstruction and Development.               be known, to prevent, hinder, or impede an
                                                                                                                                                            inspection.
                                             manufacturing, and job creation, to es-
                                                                                                       SA 2037. Mr. PORTMAN (for himself                       (B) PENALTIES.—The Secretary may sus-
                                             tablish a critical supply chain resil-                                                                         pend or terminate an approval of an FMOC if
                                             iency program, and for other purposes;                  and Ms. BALDWIN) submitted an amend-
                                                                                                     ment intended to be proposed to                        the FMOC obstructs or prevents the Sec-
                                             which was ordered to lie on the table;                                                                         retary from carrying out an inspection under
                                             as follows:                                             amendment SA 1502 proposed by Mr.
                                                                                                                                                            section 107.807(c) of title 49, Code of Federal
                                               On page 261, strike lines 16 through 23 and           SCHUMER to the bill S. 1260, to establish              Regulations (or a successor regulation).
                                             insert the following:                                   a new Directorate for Technology and                      (4) INTERACTION WITH OTHER STATUTES,
                                             Research of the National Science Founda-                Innovation in the National Science                     AGREEMENTS, REGULATIONS.—Nothing in this
                                             tion;                                                   Foundation, to establish a regional                    section may be construed to prevent the har-
                                               ‘‘(E) ensuring that at least one eligible             technology hub program, to require a                   monization of cylinder standards otherwise
                                             consortium designated as a regional tech-               strategy and report on economic secu-                  authorized by law (including regulations).




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                                             nology hub is headquartered in a low popu-              rity, science, research, innovation,                      (5) OTHER CAUSE FOR SUSPENSION OR TERMI-
                                             lation State that is eligible to receive fund-                                                                 NATION.—The Secretary may suspend or ter-
                                                                                                     manufacturing, and job creation, to es-
                                             ing from the Established Program to Stimu-                                                                     minate an approval of an FMOC on deter-
                                             late Competitive Research of the National               tablish a critical supply chain resil-                 mination that the FMOC knowingly or in-
                                             Science Foundation; and                                 iency program, and for other purposes;                 tentionally misrepresented responses to the
                                               ‘‘(F) ensuring that no eligible consortium            which was ordered to lie on the table;                 Secretary required by law (including regula-
                                             that is located in a State in which a national          as follows:                                            tions), including subsections (c) and (f).




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                                             S3514                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                               (c) PROOF OF MINIMUM FINANCIAL RESPONSI-              nal penalty or assessed a civil penalty under          manufacturing, and job creation, to es-
                                             BILITY REQUIRED AT TIME OF APPLICATION.—                section 1760 of division A of the John S.              tablish a critical supply chain resil-
                                             Not later than 180 days after the date of en-           McCain National Defense Authorization Act              iency program, and for other purposes;
                                             actment of this Act, the Secretary shall pro-           for Fiscal Year 2019 (50 U.S.C. 4819).
                                             mulgate such regulations as are necessary to                                                                   which was ordered to lie on the table;
                                                                                                       (H) Whether the FMOC applying, or any
                                             establish minimum levels of financial re-               entity controlling more than 10 percent of             as follows:
                                             sponsibility required for entities to receive           that FMOC, is subject to a final antidumping             In section 6111, insert at the end the fol-
                                             approval pursuant to section 107.807 of title           or countervailing duty order from the De-              lowing:
                                             49, Code of Federal Regulations (or a suc-              partment of Commerce as of the date of ap-               (j) LIMITATION.—In carrying out this sec-
                                             cessor regulation).                                     plication.                                             tion and section 6112, the Secretary shall en-
                                               (d) REEVALUATION BY REQUEST FOR RE-                     (2) DENIAL OF APPLICATION.—The Secretary             sure that no Federal funding is made avail-
                                             LATED VIOLATIONS.—                                      may deny an application for approval under             able for any program under either section
                                               (1) IN GENERAL.—Not later than 180 days               section 107.709 of title 49, Code of Federal           that duplicates another federally funded pro-
                                             after the date of enactment of this Act, the            Regulations (or a successor regulation),               gram.
                                             Secretary shall promulgate such regulations             based on the responses to the questions re-
                                             as are necessary to establish a process for             quired under paragraph (1).
                                                                                                                                                              SA 2040. Ms. MURKOWSKI submitted
                                             any interested party to request a reevalua-               (g) FOREIGN MANUFACTURERS LISTING AP-                an amendment intended to be proposed
                                             tion of the approval of FMOC cylinders under            PROVALS.—Not later than 1 year after the               to amendment SA 1502 proposed by Mr.
                                             section 107.807 of title 49, Code of Federal            date of enactment of this Act, and annually            SCHUMER to the bill S. 1260, to establish
                                             Regulations (or a successor regulation), to             thereafter, the Secretary shall publish and            a new Directorate for Technology and
                                             review the accuracy and safety of the actions           maintain on the website of the Department              Innovation in the National Science
                                             of the FMOC.                                            of Transportation a list of approved foreign
                                               (2) PETITION FOR REEVALUATION.—The regu-                                                                     Foundation, to establish a regional
                                                                                                     manufacturers of cylinders and the duration
                                             lations promulgated under paragraph (1)                 of those approvals.                                    technology hub program, to require a
                                             shall allow an interested party to file a peti-           (h) AUTHORIZING FOREIGN INSPECTIONS.—                strategy and report on economic secu-
                                             tion if that party has evidence of inaccurate,          Not later than 180 days after the date of en-          rity, science, research, innovation,
                                             changed, or fraudulent attestations or re-              actment of this Act, the Secretary shall re-           manufacturing, and job creation, to es-
                                             sponses made by an FMOC to the Secretary                vise section 107.807(d) of title 49, Code of Fed-      tablish a critical supply chain resil-
                                             under subsection (b), (c), or (f).                      eral Regulations—                                      iency program, and for other purposes;
                                               (e) NOTICE AND COMMENT FOR APPLICATIONS                 (1) to require that in any case in which the
                                             BY FOREIGN MANUFACTURERS OF CYLINDERS.—
                                                                                                                                                            which was ordered to lie on the table;
                                                                                                     Associate Administrator for Hazardous Ma-
                                             On receipt of an application for approval               terials Safety determines there is good                as follows:
                                             under section 107.807 of title 49, Code of Fed-         cause, an inspection under that section shall            Beginning on page 967, strike line 11 and
                                             eral Regulations (or a successor regulation),           be carried out annually for such duration as           all that follows through page 972, line 9, and
                                             the Secretary shall timely publish notifica-            the Associate Administrator for Hazardous              insert the following:
                                             tion of the application in the Federal Reg-             Materials Safety determines appropriate;                 (d) APPOINTMENT.—The President shall ap-
                                             ister and provide 30 days for public comment              (2) to specify that a refusal of inspection          point, by and with the consent of the Senate,
                                             on the application prior to approval.                   under that section shall result in a loss of           an Ambassador-at-large for Arctic Affairs
                                               (f) ADDITIONAL QUESTIONS TO ENSURE SAFE-              the status of in good standing;                        who shall—
                                             TY AND COMPLIANCE WITH DOT PROCESSES.—                                                                           (1) be responsible for Arctic affairs; and
                                                                                                       (3) to allow the Associate Administrator
                                               (1) ADDITIONAL QUESTIONS.—The Secretary               for Hazardous Materials Safety to request, at            (2) report directly to the Secretary of
                                             shall require, as part of an application for            the discretion of the Associate Adminis-               State.
                                             approval pursuant to section 107.807 of title           trator for Hazardous Materials Safety—                   (e) DUTIES.—The Ambassador-at-large for
                                             49, Code of Federal Regulations (or a suc-                (A) production of test and production                Arctic Affairs shall—
                                             cessor regulation), that the applicant answer           records; and                                             (1) facilitate the development and coordi-
                                             the following questions:                                  (B) random sample testing; and                       nation of United States foreign policy in the
                                               (A) Whether the FMOC applying, or any                   (4) allow for the recovery of all associated         Arctic Region relating to—
                                             entity controlling more than 10 percent of              costs of foreign inspections to include travel,          (A) strengthening institutions for coopera-
                                             that FMOC, has ever been subject to a civil             time, and other costs, as determined by the            tion among the Arctic nations;
                                             monetary penalty under title 49, United                 Secretary.                                               (B) enhancing scientific monitoring and re-
                                             States Code, relating to any actions carried                                                                   search on local, regional, and global environ-
                                             out as an approved FMOC or during the ap-                 SA 2038. Mr. LANKFORD submitted                      mental issues;
                                             plication for approval under that section.              an amendment intended to be proposed                     (C) protecting the Arctic environment and
                                               (B) Whether the FMOC applying, or any en-                                                                    conserving its biological resources;
                                                                                                     to amendment SA 1502 proposed by Mr.
                                             tity controlling more than 10 percent of that                                                                    (D) promoting responsible natural resource
                                             FMOC, has been delinquent in the payment                SCHUMER to the bill S. 1260, to establish              management and economic development; and
                                             of any civil monetary penalties or other                a new Directorate for Technology and                     (E) involving Arctic indigenous people in
                                             fines or fees under title 49, United States             Innovation in the National Science                     decisions that affect them;
                                             Code.                                                   Foundation, to establish a regional                      (2) coordinate the diplomatic objectives
                                               (C) Whether the FMOC applying, or any en-             technology hub program, to require a                   with respect to the activities described in
                                             tity controlling more than 10 percent of that           strategy and report on economic secu-                  paragraph (1), and, as appropriate, represent
                                             FMOC, is subject to the Do Not Pay Initia-              rity, science, research, innovation,                   the United States within multilateral fora
                                             tive established under section 3354 of title 31,        manufacturing, and job creation, to es-                that address international cooperation and
                                             United States Code, as of the date of the ap-                                                                  foreign policy matters in the Arctic Region;
                                                                                                     tablish a critical supply chain resil-
                                             plication.                                                                                                       (3) help inform, in coordination with the
                                               (D) Whether the FMOC applying, or any                 iency program, and for other purposes;                 Bureau of Economic and Business Affairs,
                                             entity controlling more than 10 percent of              which was ordered to lie on the table;                 transnational commerce and commercial
                                             that FMOC, is listed in the Military End                as follows:                                            maritime transit in the Arctic Region;
                                             User List of the Department of Commerce as                At the end of section 2107(c), add the fol-            (4) coordinate the integration of scientific
                                             of the date of the application.                         lowing: ‘‘The Director shall require, to the           data on the current and projected effects of
                                               (E) Whether the FMOC applying, or any en-             extent practicable as determined by the Di-            emerging environmental changes on the Arc-
                                             tity controlling more than 10 percent of that           rector, not less than 20 percent of the cost of        tic Region and ensure that such data is ap-
                                             FMOC, is identified by the Department of                a research and development activity de-                plied to the development of security strate-
                                             Defense as an entity listed under section 1237          scribed in subsection (a) to be provided by a          gies for the Arctic Region;
                                             of division A of the Strom Thurmond Na-                 non-Federal source, which may include in-                (5) make available the methods and ap-
                                             tional Defense Authorization Act for Fiscal             kind contributions.’’.                                 proaches on the integration of environ-
                                             Year 1999 (50 U.S.C. 1701 note; Public Law                                                                     mental science and data to other regional se-
                                             105–261) as of the date of application.                   SA 2039. Mr. LEE submitted an                        curity planning programs in the Department
                                               (F) Does the FMOC applying certify that—              amendment intended to be proposed to                   of State to better ensure that broader deci-
                                               (i) the FMOC has the requisite minimum                amendment SA 1502 proposed by Mr.                      sion making processes may more adequately
                                             financial responsibility as required under              SCHUMER to the bill S. 1260, to establish              account for the changing environment;




dlhill on DSK120RN23PROD with SENATE
                                             subsection (c); and                                     a new Directorate for Technology and                     (6) assist with the development of, and fa-
                                               (ii) the financial responsibility will con-                                                                  cilitate the implementation of, an Arctic Re-
                                                                                                     Innovation in the National Science
                                             tinue throughout entirety of the requested                                                                     gion Security Policy in accordance with sub-
                                             approval period.                                        Foundation, to establish a regional                    section (g);
                                               (G) Whether the FMOC applying, or any                 technology hub program, to require a                     (7) use the voice, vote, and influence of the
                                             entity controlling more than 10 percent of              strategy and report on economic secu-                  United States to encourage other countries
                                             that FMOC, has been found guilty of a crimi-            rity, science, research, innovation,                   and international multilateral organizations




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3515
                                             to support the principles of the Arctic Re-               (B) to share the burden of ensuring mari-              (6) assist with the development of, and fa-
                                             gion Security Policy implemented pursuant               time safety in the Arctic Region;                      cilitate the implementation of, an Arctic Re-
                                             to subsection (g);                                        (C) to prevent the escalation of security            gion Security Policy in accordance with sub-
                                               (8) coordinate Arctic policy with the Bu-             tensions by mitigating against the mili-               section (g);
                                             reau of Oceans and International Environ-               tarization of the Arctic Region;                         (7) use the voice, vote, and influence of the
                                             mental and Scientific Affairs, the Bureau of              (D) to develop mutually agreed upon multi-           United States to encourage other countries
                                             European and Eurasian Affairs, and other                lateral policies among Arctic nations on the           and international multilateral organizations
                                             relevant bureaus;                                       management of maritime transit routes                  to support the principles of the Arctic Re-
                                               (9) subject to the direction of the President         through the Arctic Region and work coop-               gion Security Policy implemented pursuant
                                             and the Secretary of State, represent the               eratively on the transit policies for access to        to subsection (g);
                                             United States with respect to matters and               and transit in the Arctic Region by non-Arc-             (8) coordinate Arctic policy with the Bu-
                                             cases relevant to Arctic affairs in—                    tic nations; and                                       reau of Oceans and International Environ-
                                               (A) contacts with foreign governments,                  (E) to facilitate the development of Arctic          mental and Scientific Affairs, the Bureau of
                                             intergovernmental organizations, and spe-               Region Security Action Plans to ensure sta-            European and Eurasian Affairs, and other
                                             cialized agencies of the United Nations, the            bility and public safety in disaster situations        relevant bureaus;
                                             Arctic Council, and other international orga-           in a humane and responsible fashion; and                 (9) subject to the direction of the President
                                             nizations of which the United States is a                 (6) to evaluate the vulnerability, security,         and the Secretary of State, represent the
                                             member; and                                             survivability, and resiliency of United States         United States with respect to matters and
                                               (B) multilateral conferences and meetings             interests and non-defense assets in the Arc-           cases relevant to Arctic affairs in—
                                             relating to Arctic affairs;                             tic Region.                                              (A) contacts with foreign governments,
                                               (10) serve as the principal advisor to the                                  ---                              intergovernmental organizations, and spe-
                                             President and the Secretary of State regard-              SA 2041. Ms. MURKOWSKI submitted                     cialized agencies of the United Nations, the
                                             ing matters affecting Arctic affairs;                   an amendment intended to be proposed                   Arctic Council, and other international orga-
                                               (11) make recommendations regarding the               to amendment SA 1502 proposed by Mr.                   nizations of which the United States is a
                                             policies of the United States relating to Arc-                                                                 member; and
                                             tic affairs;
                                                                                                     SCHUMER to the bill S. 1260, to establish                (B) multilateral conferences and meetings
                                               (12) assist the Bureau of European and Eur-           a new Directorate for Technology and                   relating to Arctic affairs;
                                             asian Affairs with the development and im-              Innovation in the National Science                       (10) serve as the principal advisor to the
                                             plementation of the Arctic Region Security              Foundation, to establish a regional                    President and the Secretary of State regard-
                                             Policy pursuant to subsection (g); and                  technology hub program, to require a                   ing matters affecting Arctic affairs;
                                               (13) perform such other duties and exercise           strategy and report on economic secu-                    (11) make recommendations regarding the
                                             such powers as the Secretary of State shall             rity, science, research, innovation,                   policies of the United States relating to Arc-
                                             prescribe.                                              manufacturing, and job creation, to es-                tic affairs;
                                               (f) FUNDING.—The Secretary of State shall                                                                      (12) assist the Bureau of European and Eur-
                                                                                                     tablish a critical supply chain resil-                 asian Affairs with the development and im-
                                             provide the Ambassador-at-large with such
                                             funds as may be necessary to carry out the
                                                                                                     iency program, and for other purposes;                 plementation of the Arctic Region Security
                                             duties described in subsection (e).                     which was ordered to lie on the table;                 Policy pursuant to subsection (g); and
                                               (g) ARCTIC REGION SECURITY POLICY.—The                as follows:                                              (13) perform such other duties and exercise
                                             Bureau of European and Eurasian Affairs                   Beginning on page 967, strike line 11 and            such powers as the Secretary of State shall
                                             shall be the lead bureau for developing and             all that follows through page 972, line 9, and         prescribe.
                                             implementing the United States’ Arctic Re-              insert the following:                                    (f) FUNDING.—The Secretary of State shall
                                             gion Security Policy, in coordination with                (d) APPOINTMENT.—The President shall ap-             provide the Ambassador-at-large with such
                                             the Ambassador-at-large for Arctic Affairs,             point, by and with the consent of the Senate,          funds as may be necessary to carry out the
                                             the Bureau of Oceans and International En-              an Ambassador-at-large for Arctic Affairs              duties described in subsection (e).
                                             vironmental and Scientific Affairs, the Bu-             who shall—
                                             reau of Political-Military Affairs, embassies,            (1) be responsible for Arctic affairs; and             (g) ARCTIC REGION SECURITY POLICY.—The
                                             other regional bureaus, and relevant offices              (2) report directly to the Secretary of              Bureau of European and Eurasian Affairs
                                             to advance United States national security              State.                                                 shall be the lead bureau for developing and
                                             interests, including through conflict preven-             (e) DUTIES.—The Ambassador-at-large for              implementing the United States’ Arctic Re-
                                             tion efforts, security assistance, humani-              Arctic Affairs shall—                                  gion Security Policy, in coordination with
                                             tarian disaster response and prevention, and              (1) facilitate the development and coordi-           the Ambassador-at-large for Arctic Affairs,
                                             economic and other relevant assistance pro-             nation of United States foreign policy in the          the Bureau of Oceans and International En-
                                             grams. The Arctic Region Security Policy                Arctic Region relating to—                             vironmental and Scientific Affairs, the Bu-
                                             shall assess, develop, budget for, and imple-             (A) strengthening institutions for coopera-          reau of Political-Military Affairs, embassies,
                                             ment plans, policies, and actions—                      tion among the Arctic nations;                         other regional bureaus, and relevant offices
                                               (1) to bolster the diplomatic presence of               (B) enhancing scientific monitoring and re-          to advance United States national security
                                             the United States in Arctic nations, includ-            search on local, regional, and global environ-         interests, including through conflict preven-
                                             ing through enhancements to diplomatic                  mental issues;                                         tion efforts, security assistance, humani-
                                             missions and facilities, participation in re-             (C) protecting the Arctic environment and            tarian disaster response and prevention, and
                                             gional and bilateral dialogues related to Arc-          conserving its biological resources;                   economic and other relevant assistance pro-
                                             tic security, and coordination of United                  (D) promoting responsible natural resource           grams. The Arctic Region Security Policy
                                             States initiatives and assistance programs              management and economic development; and               shall assess, develop, budget for, and imple-
                                             across agencies to protect the national secu-             (E) involving Arctic indigenous people in            ment plans, policies, and actions—
                                             rity of the United States and its allies and            decisions that affect them;                              (1) to bolster the diplomatic presence of
                                             partners;                                                 (2) coordinate the diplomatic objectives             the United States in Arctic nations, includ-
                                               (2) to enhance the resilience capacities of           with respect to the activities described in            ing through enhancements to diplomatic
                                             Arctic nations to the effects of environ-               paragraph (1), and, as appropriate, represent          missions and facilities, participation in re-
                                             mental change and increased civilian and                the United States within multilateral fora             gional and bilateral dialogues related to Arc-
                                             military activity by Arctic nations and                 that address international cooperation and             tic security, and coordination of United
                                             other nations that may result from increased            foreign policy matters in the Arctic Region;           States initiatives and assistance programs
                                             accessibility of the Arctic Region;                       (3) help inform, in coordination with the            across agencies to protect the national secu-
                                               (3) to assess specific added risks to the Arc-        Bureau of Economic and Business Affairs,               rity of the United States and its allies and
                                             tic Region and Arctic nations that—                     transnational commerce and commercial                  partners;
                                               (A) are vulnerable to the changing Arctic             maritime transit in the Arctic Region;                   (2) to enhance the resilience capacities of
                                             environment; and                                          (4) coordinate the integration of scientific         Arctic nations to the effects of environ-
                                               (B) are strategically significant to the              data on the current and projected effects of           mental change and increased civilian and
                                             United States;                                          emerging environmental changes on the Arc-             military activity by Arctic nations and
                                               (4) to coordinate the integration of envi-            tic Region and ensure that such data is ap-            other nations that may result from increased
                                             ronmental change and national security risk             plied to the development of security strate-           accessibility of the Arctic Region;
                                             and vulnerability assessments into the deci-            gies for the Arctic Region;                              (3) to assess specific added risks to the Arc-




dlhill on DSK120RN23PROD with SENATE
                                             sion making process on foreign assistance                 (5) make available the methods and ap-               tic Region and Arctic nations that—
                                             awards to Greenland;                                    proaches on the integration of environ-                  (A) are vulnerable to the changing Arctic
                                               (5) to advance principles of good govern-             mental science and data to other regional se-          environment; and
                                             ance by encouraging and cooperating with                curity planning programs in the Department               (B) are strategically significant to the
                                             Arctic nations on collaborative approaches—             of State to better ensure that broader deci-           United States;
                                               (A) to responsibly manage natural re-                 sion making processes may more adequately                (4) to coordinate the integration of envi-
                                             sources in the Arctic Region;                           account for the changing environment;                  ronmental change and national security risk




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                                             S3516                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                             and vulnerability assessments into the deci-            Pacific in order to respond to and monitor               (B) those technologies with military impli-
                                             sion making process on foreign assistance               activities such as illegal fishing, increased          cations, including hypersonic flight, quan-
                                             awards to Greenland;                                    shipping traffic, support search and rescue,           tum computing, and artificial intelligence;
                                               (5) to advance principles of good govern-             United States commerce, and scientific re-             and
                                             ance by encouraging and cooperating with                search; and                                              (C) other technologies that could enhance
                                             Arctic nations on collaborative approaches—               (H) reinstituting the Arctic Executive               the soft power of the United States and be
                                               (A) to responsibly manage natural re-                 Steering Committee (AESC) as a permanent               exported to allies of the United States;
                                             sources in the Arctic Region;                           office in the Executive Office of the Presi-             (3) restore the entrepreneurial dynamism
                                               (B) to share the burden of ensuring mari-             dent and naming a chair of the Committee               of the United States economy, by supporting
                                             time safety in the Arctic Region;                       within 30 days of the date of the enactment            the growth of small businesses—
                                               (C) to prevent the escalation of security             of this Act.                                             (A) of any variety that support, or are ca-
                                             tensions by mitigating against the mili-                                                                       pable of supporting, the growth of tech-
                                             tarization of the Arctic Region;                          SA 2044. Mr. LEE (for himself, Mr.                   nology-focused enterprises described above
                                               (D) to develop mutually agreed upon multi-            PAUL, and Mr. MORAN) submitted an                      as contractors or as customers;
                                             lateral policies among Arctic nations on the            amendment intended to be proposed by                     (B) with innovative potential, whose suc-
                                             management of maritime transit routes                   him to the bill S. 1260, to establish a                cess has the potential to increase the produc-
                                             through the Arctic Region and work coop-                                                                       tivity and economic development of the
                                             eratively on the transit policies for access to
                                                                                                     new Directorate for Technology and In-
                                                                                                     novation in the National Science Foun-                 United States; and
                                             and transit in the Arctic Region by non-Arc-                                                                     (C) in regions of the country or owned by
                                             tic nations; and                                        dation, to establish a regional tech-
                                                                                                                                                            individuals of demographic groups with his-
                                               (E) to facilitate the development of Arctic           nology hub program, to require a strat-                torically low access to capital; and
                                             Region Security Action Plans to ensure sta-             egy and report on economic security,                     (4) fill gaps in private sector financing and
                                             bility and public safety in disaster situations         science, research, innovation, manufac-                correct for underinvestment in key areas
                                             in a humane and responsible fashion; and                turing, and job creation, to establish a               with a longer-time horizon by—
                                               (6) to evaluate the vulnerability, security,          critical supply chain resiliency pro-                    (A) making direct loans and equity invest-
                                             survivability, and resiliency of United States                                                                 ments;
                                             interests and non-defense assets in the Arc-            gram, and for other purposes; which
                                                                                                     was ordered to lie on the table; as fol-                 (B) drawing financing from multiple
                                             tic Region.
                                                                                                     lows:                                                  sources, including the banking system, insti-
                                               SA 2042. Ms. MURKOWSKI submitted                                                                             tutional investors, and others; and
                                                                                                       At the appropriate place, insert the fol-
                                                                                                                                                              (C) scaling up promising investment and
                                             an amendment intended to be proposed                    lowing:
                                                                                                                                                            lending methods, including revenue-based
                                             to amendment SA 1502 proposed by Mr.                    SEC. ll. REQUIREMENT FOR AN AUTHORIZA-
                                                                                                                                                            lending, equity-loan hybrid lending, tech-
                                             SCHUMER to the bill S. 1260, to establish                         TION FOR THE USE OF MILITARY
                                                                                                               FORCE.                                       based lending, lending by community devel-
                                             a new Directorate for Technology and                                                                           opment financial institutions, and lending
                                                                                                       Notwithstanding the War Powers Resolu-
                                             Innovation in the National Science                      tion (Public Law 93–148; 50 U.S.C. 1541 et             by local investment funds.
                                             Foundation, to establish a regional                     seq.), the Authorization for Use of Military             (b) REPORT TO CONGRESS.—
                                             technology hub program, to require a                    Force (Public Law 107–40; 50 U.S.C. 1541                 (1) IN GENERAL.—Not later than 180 days
                                             strategy and report on economic secu-                   note), any other provision of law, and any             after enactment, the Secretary of Treasury,
                                             rity, science, research, innovation,                    obligations under the Japanese Treaty, the             in consultation with the Secretary of Com-
                                             manufacturing, and job creation, to es-                 Philippines Treaty, the U.S. Australia New             merce, shall submit to Congress a report ad-
                                             tablish a critical supply chain resil-                  Zealand Agreement, the Republic of Korea               vising on the design of a United States Gov-
                                             iency program, and for other purposes;                  Treaty, or the Southeast Asia Treaty, the              ernment-owned corporation, known as the
                                             which was ordered to lie on the table;                  President may not introduce members of the             U.S. Development Corporation, charged with
                                                                                                     Armed Forces into hostilities in or involving          supporting the policies described in sub-
                                             as follows:
                                                                                                     the People’s Republic of China unless—                 section (a).
                                                On page 966, beginning on line 13, strike              (1) such action is necessary, for a period of          (2) CONTENTS.—The report required under
                                             ‘‘and’’ and all that follows through line 15            no longer than 30 days, to repel a sudden at-          paragraph (1) shall include an assessment
                                             and insert the following:
                                                                                                     tack, or the concrete, specific, and imme-             of—
                                                (F) examining the possibility of recon-
                                                                                                     diate threat of such a sudden attack, upon               (A) potential financing authorities of the
                                             vening the Arctic Chiefs of Defense Forum;
                                                                                                     the United States, its territories, or posses-         U.S. Development Corporation, including di-
                                                (G) establishing a series of deep-water
                                                                                                     sions, its armed forces, or other United               rect loans, guarantees, equity investments,
                                             ports in the United States Arctic and North
                                                                                                     States citizens overseas; or                           and appropriate terms and conditions for
                                             Pacific in order to respond to and monitor
                                                                                                       (2) Congress has enacted an authorization            each;
                                             activities such as illegal fishing, increased
                                                                                                     for the use of military force.                           (B) ways in which the U.S. Development
                                             shipping traffic, support search and rescue,
                                             United States commerce, and scientific re-                                                                     Corporation could utilize expertise across
                                                                                                       SA 2045. Mr. COONS submitted an                      the United States Government and the pri-
                                             search; and
                                                (H) reinstituting the Arctic Executive
                                                                                                     amendment intended to be proposed to                   vate sector to evaluate global technological
                                             Steering Committee (AESC) as a permanent                amendment SA 1502 proposed by Mr.                      progress and market trends to inform the
                                             office in the Executive Office of the Presi-            SCHUMER to the bill S. 1260, to establish              identification of priority technologies, with
                                             dent and naming a chair of the Committee                a new Directorate for Technology and                   both near- and long-term time horizons; and
                                             within 30 days of the date of the enactment             Innovation in the National Science                       (C) the necessary initial and ongoing in-
                                             of this Act.                                                                                                   vestment of the Federal Government to
                                                                                                     Foundation, to establish a regional                    achieve the policies described in subsection
                                                                                                     technology hub program, to require a                   (a).
                                               SA 2043. Ms. MURKOWSKI submitted
                                                                                                     strategy and report on economic secu-
                                             an amendment intended to be proposed
                                                                                                     rity, science, research, innovation,
                                             to amendment SA 1502 proposed by Mr.                                                                             SA 2046. Mr. RUBIO submitted an
                                             SCHUMER to the bill S. 1260, to establish               manufacturing, and job creation, to es-
                                                                                                     tablish a critical supply chain resil-                 amendment intended to be proposed to
                                             a new Directorate for Technology and
                                             Innovation in the National Science                      iency program, and for other purposes;                 amendment SA 1502 proposed by Mr.
                                             Foundation, to establish a regional                     which was ordered to lie on the table;                 SCHUMER to the bill S. 1260, to establish
                                             technology hub program, to require a                    as follows:                                            a new Directorate for Technology and
                                             strategy and report on economic secu-                     At the appropriate place, insert the fol-            Innovation in the National Science
                                                                                                     lowing:
                                             rity, science, research, innovation,                                                                           Foundation, to establish a regional
                                                                                                     SEC. lll. U.S. DEVELOPMENT CORPORATION.
                                             manufacturing, and job creation, to es-                                                                        technology hub program, to require a
                                                                                                       (a) STATEMENT OF POLICY.—It is the policy
                                             tablish a critical supply chain resil-                  of the United States to—                               strategy and report on economic secu-
                                             iency program, and for other purposes;                    (1) support the growth of sectors most crit-         rity, science, research, innovation,
                                             which was ordered to lie on the table;                  ical to the economic security and competi-             manufacturing, and job creation, to es-
                                             as follows:                                             tiveness of the United States;
                                                                                                                                                            tablish a critical supply chain resil-




dlhill on DSK120RN23PROD with SENATE
                                                On page 966, beginning on line 13, strike              (2) help vital technologies make the transi-
                                             ‘‘and’’ and all that follows through line 15            tion from universities and labs to commer-             iency program, and for other purposes;
                                             and insert the following:                               cial success, including—                               which was ordered to lie on the table;
                                                (F) examining the possibility of recon-                (A) those technologies that are civilian in          as follows:
                                             vening the Arctic Chiefs of Defense Forum;              nature, including microelectronics, nano-
                                                (G) establishing a series of deep-water              technology biotechnology, advanced manu-                 At the end of title I of division E, add the
                                             ports in the United States Arctic and North             facturing;                                             following:




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3517
                                             SEC. 51ll. NO INITIAL PUBLIC OFFERINGS FOR                SA 2048. Mr. JOHNSON submitted an                    search to automate detection of concepts in
                                                        UNACCOUNTABLE ACTORS.                                                                               biomedical images to reduce the burdens of
                                                                                                     amendment intended to be proposed to
                                               (a) SHORT TITLE.—This section may be                                                                         annotation and interpretation of medical im-
                                                                                                     amendment SA 1502 proposed by Mr.
                                             cited as the ‘‘No IPOs for Unaccountable Ac-                                                                   ages while providing a decision support sys-
                                             tors Act’’.
                                                                                                     SCHUMER to the bill S. 1260, to establish
                                                                                                                                                            tem for medical practitioners.
                                               (b) DEFINITIONS.—In this section—                     a new Directorate for Technology and                      (6) Researchers at Howard University con-
                                               (1) the term ‘‘Board’’ means the Public               Innovation in the National Science                     ducted a study across 6 decades to determine
                                             Company Accounting Oversight Board;                     Foundation, to establish a regional                    the underlying causes of the recent rapid in-
                                               (2) the term ‘‘covered entity’’ means—                technology hub program, to require a                   crease in the incidence and diagnosis of
                                               (A) an entity that is headquartered in, or            strategy and report on economic secu-                  hepatocellular carcinoma and liver metas-
                                             otherwise controlled by an entity that is               rity, science, research, innovation,                   tases in Washington, DC, which is dispropor-
                                             headquartered in, a foreign jurisdiction in             manufacturing, and job creation, to es-                tionately impacting the Black population.
                                             which the Board is prevented from con-                                                                            (7) As the Nation’s largest producer of Afri-
                                                                                                     tablish a critical supply chain resil-
                                             ducting a complete inspection or investiga-                                                                    can American engineers, North Carolina
                                             tion of a registered public accounting firm             iency program, and for other purposes;                 A&T University and its researchers are lead-
                                             under section 104 or 105 of the Sarbanes-               which was ordered to lie on the table;                 ers in autonomous vehicle research, creating
                                             Oxley Act of 2002 (15 U.S.C. 7214, 7215), respec-       as follows:                                            significant innovations for autonomous vehi-
                                             tively, because of a position taken by an au-             At the end of title V of division B, insert          cles that work in water, on land, and in
                                             thority in that foreign jurisdiction, as deter-         the following:                                         flight and uncovering new military, supply
                                             mined by the Board; or                                  SEC. 2528. ASSESSMENT OF EXISTING LARGE                chain, and personal mobility implications.
                                               (B) an entity that—                                              POWER TRANSFORMERS.                            (8) In 2019, Historically Black Colleges and
                                               (i) is headquartered in, or otherwise con-              (a) IN GENERAL.—Not later than 120 days              Universities received $371,000,000, or about 0.8
                                             trolled by an entity that is headquartered in,          after the date of enactment of this division,          percent of the $44,500,000,000 in Federal fund-
                                             a foreign jurisdiction; and                             the Secretary of Energy shall prepare and              ing to institutions of higher education for re-
                                               (ii) retains a registered public accounting           submit to Congress a report containing the             search and development.
                                             firm described in section 104(i)(2)(A) of the           results of the assessment described in sub-               (9) This number is a marked decrease from
                                             Sarbanes-Oxley Act of 2002 (15 U.S.C.                   section (b).                                           fiscal year 2018, when Historically Black Col-
                                             7214(i)(2)(A)); and                                       (b) ASSESSMENT.—The Secretary of Energy              leges and Universities received $400,000,000
                                               (3) the term ‘‘security’’ has the meaning             shall conduct an assessment of existing large          (0.9 percent) in Federal research and develop-
                                             given the term in section 3(a) of the Securi-           power transformers in the United States.               ment funding.
                                             ties Exchange Act of 1934 (15 U.S.C. 78c(a)).           The assessment shall include the following:               (10) While there are 11 high research activ-
                                               (c) PROHIBITIONS REGARDING COVERED ENTI-                (1) An analysis on the country of origin of          ity status Historically Black Colleges and
                                             TIES.—                                                  existing large power transformers currently            Universities —Clark Atlanta University,
                                               (1) REGISTRATION.—Beginning on the date               installed in the bulk power system.                    Delaware State University, Florida A&M
                                             that is 1 year after the date of enactment of             (2) An assessment of the supply chain                University, Hampton University, Howard
                                             this Act, a covered entity may not register a           vulnerabilities of large power transformers.           University, Jackson State University, Mor-
                                             security of the covered entity under section              (3) An assessment of the vulnerabilities of          gan State University, North Carolina A&T
                                             12(b) of the Securities Exchange Act of 1934            large power transformers to cyber or phys-             University, Tennessee State University,
                                             (15 U.S.C. 78l(b)).                                     ical attacks.                                          Texas Southern University, and University
                                               (2) LISTING ON EXCHANGES.—                                                                                   of Maryland Eastern Shore—there are no
                                               (A) IN GENERAL.—Section 6(b) of the Secu-               SA 2049. Mr. VAN HOLLEN (for him-                    very high research activity status Histori-
                                             rities Exchange Act of 1934 (15 U.S.C. 78f(b))          self, Mr. TILLIS, Mr. WARNOCK, Mr.                     cally Black Colleges and Universities.
                                             is amended by adding at the end the fol-                CARDIN, and Mr. COONS) submitted an                       (11) Meaningfully investing in the research
                                             lowing:                                                                                                        capacity of Historically Black Colleges and
                                                                                                     amendment intended to be proposed by
                                               ‘‘(11) The rules of the exchange prohibit                                                                    Universities is an investment in our Nation’s
                                             the initial listing of any security of a cov-
                                                                                                     him to the bill S. 1260, to establish a                future and will help meet the accelerating
                                             ered entity, as that term is defined in sub-            new Directorate for Technology and In-                 science, technology, engineering, and mathe-
                                             section (b) of the No IPOs for Unaccountable            novation in the National Science Foun-                 matics workforce demands in the United
                                             Actors Act.                                             dation, to establish a regional tech-                  States.
                                               ‘‘(12) The rules of the exchange provide              nology hub program, to require a strat-                   (b) PURPOSES.—The purposes of the pro-
                                             that, if a security of an issuer is listed on the       egy and report on economic security,                   gram established under this section shall
                                             exchange and, as a result of a business com-            science, research, innovation, manufac-                be—
                                             bination, that issuer becomes a covered enti-           turing, and job creation, to establish a                  (1) to enable high research activity status
                                             ty (as that term is defined in subsection (b)                                                                  Historically Black Colleges and Universities
                                             of the No IPOs for Unaccountable Actors
                                                                                                     critical supply chain resiliency pro-
                                                                                                                                                            to achieve very high research activity sta-
                                             Act), the exchange shall prohibit the contin-           gram, and for other purposes; which                    tus; and
                                             ued listing of any security of the issuer.’’.           was ordered to lie on the table; as fol-                  (2) to increase the national number of Afri-
                                               (B) EFFECTIVE DATE.—The amendments                    lows:                                                  can-American undergraduate and graduate
                                             made by subparagraph (A) shall take effect                At the appropriate place, insert the fol-            students with degrees in science, technology,
                                             on the date that is 1 year after the date of            lowing:                                                engineering, and mathematics.
                                             enactment of this Act.                                  SEC. llll. HIGH RESEARCH ACTIVITY STATUS                  (c) DEFINITIONS.—In this section:
                                                                                                               HBCUS PILOT PROGRAM.                            (1) DIRECTOR.—The term ‘‘Director’’ means
                                               SA 2047. Mr. JOHNSON submitted an                       (a) FINDINGS.—Congress finds the fol-                the Director of the National Science Founda-
                                             amendment intended to be proposed to                    lowing:                                                tion.
                                             amendment SA 1502 proposed by Mr.                         (1) Historically Black Colleges and Univer-             (2) FEDERAL SCIENCE AGENCY.—The term
                                             SCHUMER to the bill S. 1260, to establish               sities hold a unique position in our efforts to        Federal science agency means any Federal
                                                                                                     diversify the science, technology, engineer-           agency with an annual extramural research
                                             a new Directorate for Technology and                                                                           expenditure of over $100,000,000.
                                                                                                     ing, and mathematics academic and work-
                                             Innovation in the National Science                      force communities.                                        (3) HIGH RESEARCH ACTIVITY STATUS.—The
                                             Foundation, to establish a regional                       (2) Even though our Nation’s Historically            term ‘‘high research activity status’’ means
                                             technology hub program, to require a                    Black Colleges and Universities make up                such status, as classified by the Carnegie
                                             strategy and report on economic secu-                   just 3 percent of the colleges and universities        Classification of Institutions of Higher Edu-
                                             rity, science, research, innovation,                    in the United States, they graduate 25 per-            cation.
                                             manufacturing, and job creation, to es-                 cent of African-American students with                    (4) HISTORICALLY BLACK COLLEGE OR UNI-
                                                                                                     bachelor’s degrees in science, technology, en-         VERSITY.—The term ‘‘Historically Black Col-
                                             tablish a critical supply chain resil-
                                                                                                     gineering, and mathematics fields.                     lege or University’’ has the meaning given
                                             iency program, and for other purposes;                                                                         the term ‘‘part B institution’’ under section
                                                                                                       (3) Historically Black Colleges and Univer-
                                             which was ordered to lie on the table;                  sities are the institution of origin among al-         322 of the Higher Education Act of 1965 (20
                                             as follows:                                             most 30 percent of Black graduates of science          U.S.C. 1061).
                                               On page 48, strike lines 8 and 9 and insert           and engineering doctorate programs.                       (5) VERY HIGH RESEARCH ACTIVITY STATUS.—




dlhill on DSK120RN23PROD with SENATE
                                             the following:                                            (4) Historically Black Colleges and Univer-          The term ‘‘very high research activity sta-
                                               (E) Natural and anthropogenic disaster                sities are leaders of our Nation’s research            tus’’ means such status, as classified by the
                                             prevention or mitigation and the resilience             and development enterprise, and they are               Carnegie Classification of Institutions of
                                             of critical infrastructure to EMPs and                  paving the way across sectors, having re-              Higher Education.
                                             GMDs, as such terms are defined under sec-              ceived over 100 utility patents in 40 years.              (d) VERY HIGH RESEARCH ACTIVITY STATUS
                                             tion 2 of the Homeland Security Act of 2002               (5) A team of computer scientists at Mor-            HISTORICALLY BLACK COLLEGES OR UNIVER-
                                             (6 U.S.C. 101).                                         gan State University are conducting re-                SITIES PROGRAM.—




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                                             S3518                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                               (1) PROGRAM.—The Director is authorized                 (D) TRANSITION ELIGIBILITY.—The Director               (3) governmental entities of the People’s
                                             to establish and carry out, using funds made            may consider creating pathways for new His-            Republic of China; or
                                             available for research activities across all            torically Black Colleges or Universities to              (4) the Chinese Communist Party or any of
                                             Foundation research directorates, a pilot               enter into the program under this section as           its affiliates.
                                             program to grow high research activity sta-             participating institutions achieve very high
                                             tus (R2) Historically Black Colleges or Uni-            research activity status.                                SA 2051. Mr. BRAUN (for himself and
                                             versities to achieve very high research activ-            (e) REPORT ON IMPROVING THE RESEARCH                 Ms. STABENOW) submitted an amend-
                                             ity status (R1) while increasing the national           CAPACITY AT HIGH RESEARCH ACTIVITY HIS-                ment intended to be proposed to
                                             number of African American undergraduate,               TORICALLY BLACK COLLEGES OR UNIVER-                    amendment SA 1502 proposed by Mr.
                                             graduate, and post-doctoral students with               SITIES.—
                                                                                                                                                            SCHUMER to the bill S. 1260, to establish
                                             degrees in science, technology, engineering,              (1) IN GENERAL.—Not later than 1 year after
                                             and mathematics. The Director may expand                the date of enactment of this division, the
                                                                                                                                                            a new Directorate for Technology and
                                             the program to other Historically Black Col-            National Science and Technology Council                Innovation in the National Science
                                             leges or Universities beyond those Histori-             shall prepare and submit a report that—                Foundation, to establish a regional
                                             cally Black Colleges or Universities classi-              (A) identifies challenges and barriers to            technology hub program, to require a
                                             fied as high research activity status univer-           Federal research grants for high research ac-          strategy and report on economic secu-
                                             sities if the Director determines that the              tivity status Historically Black Colleges or           rity, science, research, innovation,
                                             program can support such an expansion.                  Universities; and                                      manufacturing, and job creation, to es-
                                               (2) GRANTS.—In carrying out the program,                (B) identifies recommendations for Federal           tablish a critical supply chain resil-
                                             the Director shall award grants for key areas           science agencies to sustainably boost the re-
                                             of scientific research on a competitive,                                                                       iency program, and for other purposes;
                                                                                                     search capacity of high research activity sta-
                                             merit-reviewed basis to Historically Black              tus Historically Black Colleges or Univer-
                                                                                                                                                            which was ordered to lie on the table;
                                             Colleges or Universities that are classified as         sities through grant-making authorities.               as follows:
                                             high research activity status institutions at             (2) REPORT SUBMISSION.—The National                    At the appropriate place in title V of divi-
                                             the time of application for such a grant.               Science and Technology Council shall trans-            sion B, insert the following:
                                               (3) APPLICATION.—                                     mit the report to the Director of the Na-              SEC. 25ll. GREENHOUSE GAS TECHNICAL AS-
                                               (A) IN GENERAL.—To be eligible to receive a           tional Science Foundation, the Adminis-                           SISTANCE PROVIDER AND THIRD-
                                             grant under this section, a Historically                                                                                  PARTY VERIFIER CERTIFICATION
                                                                                                     trator of the National Aeronautics and Space                      PROGRAM.
                                             Black College or University described in                Administration, the Secretary of Agri-
                                             paragraph (2) shall submit an application to                                                                     (a) PURPOSES.—The purposes of this section
                                                                                                     culture, the Secretary of Commerce, the Sec-
                                             the Director at such time, in such manner,                                                                     are—
                                                                                                     retary of Defense, the Secretary of Energy,
                                             and containing such information and assur-                                                                       (1) to facilitate the participation of farm-
                                                                                                     the Secretary of Health and Human Services,
                                             ances as the Director may require.                                                                             ers, ranchers, and private forest landowners
                                                                                                     and the heads of other such agencies as de-
                                               (B) CONTENTS.—The application described                                                                      in voluntary environmental credit markets,
                                                                                                     termined relevant by the National Science
                                             in subparagraph (A) shall include, at a min-                                                                   including through the Program;
                                                                                                     and Technology Council.
                                             imum, a description of—                                                                                          (2) to facilitate the provision of technical
                                                                                                       (3) INFORMATION FROM FEDERAL AGENCIES.—
                                               (i) a plan for increasing the level of re-                                                                   assistance through covered entities to farm-
                                                                                                       (A) IN GENERAL.—The National Science and
                                             search activity and achieving very high re-                                                                    ers, ranchers, and private forest landowners
                                                                                                     Technology Council may secure directly
                                             search activity status classification within                                                                   in overcoming barriers to entry into vol-
                                                                                                     from a Federal department or agency such
                                             10 years of the grant award, including meas-                                                                   untary environmental credit markets;
                                                                                                     information as the National Science and
                                             urable milestones such as growth in research                                                                     (3) to assist covered entities in certifying
                                                                                                     Technology Council consider necessary to
                                             expenditures, number of research doctoral                                                                      under the Program; and
                                                                                                     carry out the report under this subsection.
                                             degrees awarded, number of research-focused                                                                      (4) to establish the Advisory Council to ad-
                                                                                                       (B) FURNISHING INFORMATION.—Upon a re-
                                             faculty, and other relevant factors;                                                                           vise the Secretary regarding the Program
                                                                                                     quest from the National Science and Tech-
                                               (ii) how the institution of higher education                                                                 and other related matters.
                                                                                                     nology Council, the head of a Federal depart-            (b) DEFINITIONS.—In this section:
                                             will sustain the increased level of research
                                                                                                     ment or agency shall furnish such informa-               (1) ADVISORY COUNCIL.—The term ‘‘Advi-
                                             activity beyond the duration of the award;
                                                                                                     tion as is requested to the National Science           sory Council’’ means the Greenhouse Gas
                                             and
                                                                                                     and Technology Council.                                Technical Assistance Provider and Third-
                                               (iii) how the implementation of the pro-
                                             posed plan will be evaluated and assessed.                                                                     Party Verifier Certification Program Advi-
                                                                                                       SA 2050. Mr. RISCH (for himself, Mr.                 sory Council established under subsection
                                               (4) PROGRAM COMPONENTS.—
                                               (A) STRATEGIC AREAS OF SCIENTIFIC RE-
                                                                                                     MENENDEZ, Mr. RUBIO, and Mr. CARDIN)                   (g)(1).
                                             SEARCH.—Through coordination with Histori-              submitted an amendment intended to                       (2) AGRICULTURE OR FORESTRY CREDIT.—The
                                             cally Black Colleges or Universities that are           be proposed to amendment SA 1502 pro-                  term ‘‘agriculture or forestry credit’’ means
                                             eligible to receive a grant under this section,         posed by Mr. SCHUMER to the bill S.                    a credit derived from the prevention, reduc-
                                             the Director, or the Director’s designee,               1260, to establish a new Directorate for               tion, or mitigation of greenhouse gas emis-
                                             shall establish mechanisms through which                Technology and Innovation in the Na-                   sions or carbon sequestration on agricultural
                                             applicants can seek funding under this sec-             tional Science Foundation, to establish                land or private forest land that may be
                                             tion.                                                                                                          bought or sold on a voluntary environmental
                                                                                                     a regional technology hub program, to                  credit market.
                                               (B) USE OF FUNDS.—An institution that re-
                                             ceives a grant under this section shall use             require a strategy and report on eco-                    (3) BEGINNING FARMER OR RANCHER.—The
                                             the grant funds to support research activi-             nomic security, science, research, inno-               term ‘‘beginning farmer or rancher’’ has the
                                             ties, including—                                        vation, manufacturing, and job cre-                    meaning given the term in section 2501(a) of
                                               (i) faculty professional development;                 ation, to establish a critical supply                  the Food, Agriculture, Conservation, and
                                               (ii) stipends for graduate and under-                 chain resiliency program, and for other                Trade Act of 1990 (7 U.S.C. 2279(a)).
                                             graduate students and post-doctoral schol-              purposes; which was ordered to lie on                    (4) COVERED ENTITY.—The term ‘‘covered
                                             ars;                                                    the table; as follows:                                 entity’’ means a person or State that ei-
                                               (iii) laboratory equipment and instrumen-                                                                    ther—
                                                                                                       Strike section 5212 and insert the fol-
                                             tation; and                                                                                                      (A) is a provider of technical assistance to
                                                                                                     lowing:
                                               (iv) other activities necessary to build re-                                                                 farmers, ranchers, or private forest land-
                                                                                                     SEC. 5212. LIMITATION ON REVIEW OF FOREIGN
                                             search capacity.                                                                                               owners in carrying out sustainable land use
                                                                                                                 GIFTS AND CONTRACTS BY THE
                                               (C) RESEARCH ASSESSMENT.—                                         COMMITTEE ON FOREIGN INVEST-               management practices that—
                                               (i) IN GENERAL.—An institution that sub-                          MENT IN THE UNITED STATES TO                 (i) prevent, reduce, or mitigate greenhouse
                                             mits a proposal for a grant under this sec-                         GIFTS AND CONTRACTS FROM THE               gas emissions; or
                                             tion shall submit with their proposal a plan                        PEOPLE’S REPUBLIC OF CHINA.                  (ii) sequester carbon; or
                                             that describes the institution’s plan to                  The amendments to section 721 of the De-               (B) is a third-party verifier entity that
                                             achieve very high research activity status,             fense Production Act of 1950 (50 U.S.C. 4565)          conducts the verification of the processes de-
                                             including making investments with institu-              made by section 3138 of this Act shall apply           scribed in protocols for voluntary environ-
                                             tional and non-Federal funds, to achieve that           only with respect to gifts to institutions of          mental credit markets.
                                             status within a decade of the grant award, to           higher education from, and contracts entered             (5) GREENHOUSE GAS.—The term ‘‘green-
                                             the extent practicable.                                 into by such institutions with, foreign per-           house gas’’ means—




dlhill on DSK120RN23PROD with SENATE
                                               (ii) UPDATED PLAN.—An institution that re-            sons that are—                                           (A) carbon dioxide;
                                             ceives a grant under this section shall sub-              (1) individuals who are nationals of the               (B) methane;
                                             mit to the Foundation an updated plan de-               People’s Republic of China;                              (C) nitrous oxide; and
                                             scribed in clause (i) not less than once every            (2) entities organized under the laws of the           (D) any other gas that the Secretary, in
                                             3 years which shall be based on a self-assess-          People’s Republic of China or otherwise sub-           consultation with the Advisory Council, de-
                                             ment of progress in achieving very high re-             ject to the jurisdiction of the Government of          termines has been identified to have heat
                                             search activity status.                                 the People’s Republic of China;                        trapping qualities.




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3519
                                                (6) PROGRAM.—The term ‘‘Program’’ means                (V) methods to account for additionality,            mitigate greenhouse gas emissions or seques-
                                             the Greenhouse Gas Technical Assistance                 permanence, leakage, and, where appro-                 ter carbon.
                                             Provider and Third-Party Verifier Certifi-              priate, avoidance of double counting; and                (4) PERIODIC REVIEW.—As appropriate, the
                                             cation Program established under subsection               (ii) descriptions of qualifications for cov-         Secretary shall periodically review and re-
                                             (c).                                                    ered entities that—                                    vise the list of protocols and description of
                                                (7) PROTOCOL.—The term ‘‘protocol’’ means              (I) demonstrate that the covered entity              certification qualifications published under
                                             a systematic approach that follows a                    can assist farmers, ranchers, and private for-         paragraph (1)(A) to include any additional
                                             science-based methodology that is trans-                est landowners in accomplishing the pur-               protocols or qualifications that meet the re-
                                             parent and thorough to establish require-               poses described in paragraphs (1) and (2) of           quirements described in subparagraphs (A)
                                             ments—                                                  subsection (a); and                                    and (B) of paragraph (3).
                                                (A) for the development of projects to pre-            (II) demonstrate proficiency with the pro-            (e) CERTIFICATION, WEBSITE, AND PUBLICA-
                                             vent, reduce, or mitigate greenhouse gas                tocols described in clause (i).
                                                                                                                                                            TION OF LISTS.—
                                             emissions or sequester carbon that include 1              (B) REQUIREMENTS.—Covered entities cer-
                                             or more baseline scenarios; and                                                                                  (1) CERTIFICATION.—A     covered entity may
                                                                                                     tified under the Program shall maintain ex-
                                                (B) to quantify, monitor, report, and verify                                                                self-certify under the Program by submitting
                                                                                                     pertise in the protocols described in subpara-
                                             the prevention, reduction, or mitigation of                                                                    to the Secretary, through a website main-
                                                                                                     graph (A)(i), adhere to the qualifications de-
                                             greenhouse gas emissions or carbon seques-                                                                     tained by the Secretary—
                                                                                                     scribed in subparagraph (A)(ii), and adhere to
                                             tration by projects described in subpara-                                                                        (A) a notification that the covered entity
                                                                                                     any relevant conflict of interest require-
                                             graph (A).                                                                                                     will—
                                                                                                     ments, as determined appropriate by the
                                                (8) SECRETARY.—The term ‘‘Secretary’’                                                                         (i) maintain expertise in the protocols de-
                                                                                                     Secretary, for—
                                             means the Secretary of Agriculture.                                                                            scribed in clause (i) of subsection (d)(1)(A);
                                                                                                       (i) the provision of technical assistance to
                                                (9) SOCIALLY DISADVANTAGED FARMER OR                                                                        and
                                                                                                     farmers, ranchers, and private forest land-
                                             RANCHER; SOCIALLY DISADVANTAGED GROUP.—                                                                          (ii) adhere to the qualifications described
                                                                                                     owners for carrying out activities described
                                             The terms ‘‘socially disadvantaged farmer or                                                                   in clause (ii) of that subsection; and
                                                                                                     in paragraph (2); or
                                             rancher’’ and ‘‘socially disadvantaged group’’                                                                   (B)    appropriate     documentation    dem-
                                                                                                       (ii) the verification of the processes de-
                                             have the meaning given those terms in sec-                                                                     onstrating the expertise described in sub-
                                                                                                     scribed in protocols for voluntary environ-
                                             tion 355(e) of the Consolidated Farm and                                                                       paragraph (A)(i) and qualifications described
                                                                                                     mental credit markets that are used in car-
                                             Rural Development Act (7 U.S.C. 2003(e)).                                                                      in subparagraph (A)(ii).
                                                                                                     rying out activities described in paragraph
                                                (10) TECHNICAL ASSISTANCE.—The term                                                                           (2) WEBSITE AND SOLICITATION.—During the
                                                                                                     (2).
                                             ‘‘technical assistance’’ means technical ex-              (2) ACTIVITIES.—The activities for which             180-day period beginning on the date on
                                             pertise, information, and tools necessary to            covered entities may provide technical as-             which the Program is established, the Sec-
                                             assist a farmer, rancher, or private forest             sistance or conduct verification of processes          retary shall publish, through an existing
                                             landowner who is engaged in or wants to en-             under the Program are current and future               website maintained by the Secretary—
                                             gage in a project to prevent, reduce, or miti-          activities that prevent, reduce, or mitigate             (A) information describing how covered en-
                                             gate greenhouse gas emissions or sequester              greenhouse gas emissions or sequester car-             tities may self-certify under the Program in
                                             carbon to meet a protocol.                              bon, which may include—                                accordance with paragraph (1);
                                                (11) VOLUNTARY ENVIRONMENTAL CREDIT                    (A) land or soil carbon sequestration;                 (B) information describing how covered en-
                                             MARKET.—The         term ‘‘voluntary environ-             (B) emissions reductions derived from fuel           tities may obtain, through private training
                                             mental credit market’’ means a voluntary                choice or reduced fuel use;                            programs or Department of Agriculture
                                             market through which agriculture or for-                  (C) livestock emissions reductions, includ-          training programs, the requisite expertise—
                                             estry credits may be bought or sold.                    ing emissions reductions achieved through—               (i) in the protocols described in clause (i)
                                                (c) ESTABLISHMENT.—                                    (i) feeds, feed additives, and the use of by-        of subsection (d)(1)(A); and
                                                (1) IN GENERAL.—On the date that is 270              products as feed sources; or                             (ii) to meet the qualifications described in
                                             days after the date of enactment of this Act,             (ii) manure management practices;                    clause (ii) of that subsection;
                                             and after making a positive determination                 (D) on-farm energy generation;                         (C) the protocols and qualifications pub-
                                             under paragraph (2), the Secretary shall es-              (E) energy feedstock production;                     lished by the Secretary under subsection
                                             tablish a voluntary program, to be known as               (F) fertilizer or nutrient use emissions re-         (d)(1)(A); and
                                             the ‘‘Greenhouse Gas Technical Assistance               ductions;                                                (D) instructions and suggestions to assist
                                             Provider and Third-Party Verifier Certifi-                (G) reforestation;                                   farmers, ranchers, and private forest land-
                                             cation Program’’, to certify covered entities             (H) forest management, including improv-             owners in facilitating the development of ag-
                                             that the Secretary determines meet the re-              ing harvesting practices and thinning dis-             riculture or forestry credits and accessing
                                             quirements described in subsection (d).                 eased trees;                                           voluntary environmental credit markets, in-
                                                (2) DETERMINATION.—The Secretary shall                 (I) prevention of the conversion of forests,         cluding—
                                             establish the Program only if, after consid-            grasslands, and wetlands;                                (i) through working with covered entities
                                             ering relevant information, including the in-             (J) restoration of wetlands or grasslands;           certified under the Program; and
                                             formation collected or reviewed relating to               (K) grassland management, including pre-               (ii) by providing information relating to
                                             the assessment conducted under subsection               scribed grazing;                                       programs, registries, and protocols of pro-
                                             (h)(1)(A), the Secretary determines that the              (L) current practices associated with pri-           grams and registries that provide market-
                                             Program will further each of the purposes               vate land conservation programs adminis-               based participation opportunities for work-
                                             described in paragraphs (1) and (2) of sub-             tered by the Secretary; and                            ing and conservation agricultural and for-
                                             section (a).                                              (M) such other activities, or combinations           estry lands.
                                                (3) REPORT.—If the Secretary determines              of activities, that the Secretary, in consulta-          (3) PUBLICATION.—During the 1-year period
                                             under paragraph (2) that the Program would              tion with the Advisory Council, determines             beginning on the date on which the Program
                                             not further the purposes described in para-             to be appropriate.                                     is established, the Secretary, in consultation
                                             graph (1) or (2) of subsection (a) and does not           (3) REQUIREMENTS.—In publishing the list             with the Advisory Council and following the
                                             establish the Program, the Secretary shall              of protocols and description of qualifications         review by the Secretary for completeness
                                             publish a report describing the reasons the             under paragraph (1)(A), the Secretary, in              and accuracy of the certification notifica-
                                             Program would not further those purposes.               consultation with the Advisory Council,                tions and documentation submitted under
                                                (d) CERTIFICATION QUALIFICATIONS.—                   shall—                                                 paragraph (1), shall use an existing website
                                                (1) IN GENERAL.—                                       (A) ensure that the requirements for cov-            maintained by the Secretary to publish—
                                                (A) PROTOCOLS AND QUALIFICATIONS.—After              ered entities to certify under the Program               (A) a list of covered entities that are cer-
                                             providing public notice and at least a 60-day           include maintaining expertise in all relevant          tified under paragraph (1) as technical assist-
                                             period for public comment, the Secretary                information relating to market-based proto-            ance providers; and
                                             shall, during the 90-day period beginning on            cols, as appropriate, with regard to—                    (B) a list of covered entities that are cer-
                                             the date on which the Program is estab-                   (i) quantification;                                  tified under paragraph (1) as verifiers of the
                                             lished, publish—                                          (ii) verification;                                   processes described in protocols for vol-
                                                (i) a list of, and documents relating to, rec-         (iii) additionality;                                 untary environmental credit markets.
                                             ognized protocols for voluntary environ-                  (iv) permanence;                                       (4) UPDATES.—Not less frequently than
                                             mental credit markets that are designed to                (v) reporting; and                                   quarterly, the Secretary, in consultation
                                             ensure consistency, reliability, effectiveness,           (vi) other expertise, as determined by the           with the Advisory Council, shall update the




dlhill on DSK120RN23PROD with SENATE
                                             efficiency, and transparency, including pro-            Secretary; and                                         lists published under paragraph (3).
                                             tocol documents and details relating to—                  (B) ensure that a covered entity certified             (5) SUBMISSION.—The Secretary shall notify
                                                (I) calculations;                                    under the Program is required to perform,              Congress of the publication of the initial list
                                                (II) sampling methodologies;                         and to demonstrate expertise, as determined            under paragraph (3).
                                                (III) accounting principles;                         by the Secretary, in accordance with best                (6) REQUIREMENT.—To remain certified
                                                (IV) systems for verification, monitoring,           management practices for agricultural and              under the Program, a covered entity shall
                                             measurement, and reporting; and                         forestry activities that prevent, reduce, or           continue—




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                                             S3520                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                               (A) to maintain expertise in the protocols            appropriate, not to exceed $1,000 per viola-             (D) CHAIR.—The Secretary shall designate
                                             described in subparagraph (A)(i) of sub-                tion; and                                              a member of the Advisory Council to serve as
                                             section (d)(1); and                                       (ii) ineligible to certify under the Program         the Chair.
                                               (B) to adhere to the qualifications de-               for the 5-year period beginning on the date of           (E) TERMS.—
                                             scribed in subparagraph (A)(ii) of that sub-            the violation.                                           (i) IN GENERAL.—The term of a member of
                                             section.                                                  (g) GREENHOUSE GAS TECHNICAL ASSIST-                 the Advisory Council shall be 2 years, except
                                               (7) AUDITING.—Not less frequently than an-            ANCE PROVIDER AND THIRD-PARTY VERIFIER                 that, of the members first appointed—
                                             nually, the Secretary shall conduct audits of           CERTIFICATION PROGRAM ADVISORY COUN-                     (I) not fewer than 8 members shall serve
                                             covered entities that are certified under the           CIL.—                                                  for a term of 1 year;
                                             Program to ensure compliance with the re-                 (1) IN GENERAL.—During the 90-day period               (II) not fewer than 12 members shall serve
                                             quirements       under    subsection     (d)(1)(B)      beginning on the date on which the Program             for a term of 2 years; and
                                             through an audit process that includes a rep-           is established, the Secretary shall establish            (III) not fewer than 12 members shall serve
                                             resentative sample of—                                  an advisory council, to be known as the                for a term of 3 years.
                                               (A) technical assistance providers; and               ‘‘Greenhouse Gas Technical Assistance Pro-               (ii) ADDITIONAL TERMS.—After the initial
                                               (B) verifiers of the processes described in           vider and Third-Party Verifier Certification           term of a member of the Advisory Council,
                                             protocols for voluntary environmental credit            Program Advisory Council’’.                            including the members first appointed, the
                                             markets.
                                                                                                       (2) MEMBERSHIP.—                                     member may serve not more than 4 addi-
                                               (8) REVOCATION OF CERTIFICATION.—
                                                                                                       (A) IN GENERAL.—The Advisory Council                 tional 2-year terms.
                                               (A) IN GENERAL.—The Secretary may re-
                                                                                                     shall be composed of members appointed by                (3) MEETINGS.—
                                             voke the certification of a covered entity
                                                                                                     the Secretary in accordance with this para-              (A) FREQUENCY.—The Advisory Council
                                             under the Program in the event of—
                                                                                                     graph.                                                 shall meet not less frequently than annually,
                                               (i) noncompliance with the requirements
                                                                                                       (B) GENERAL REPRESENTATION.—The Advi-                at the call of the Chair.
                                             under subsection (d)(1)(B); or
                                                                                                     sory Council shall—                                      (B) INITIAL MEETING.—During the 90-day pe-
                                               (ii) a violation of subsection (f)(2)(A).
                                                                                                       (i) be broadly representative of the agri-           riod beginning on the date on which the
                                               (B) NOTIFICATION.—If the Secretary re-
                                             vokes a certification of a covered entity               culture and private forest sectors;                    members are appointed under paragraph
                                             under subparagraph (A), to the extent prac-               (ii) include socially disadvantaged farmers          (2)(A), the Advisory Council shall hold an
                                             ticable, the Secretary shall—                           and ranchers and other historically under-             initial meeting.
                                               (i) request from that covered entity con-             served farmers, ranchers, or private forest              (4) DUTIES.—The Advisory Council shall—
                                             tact information for all farmers, ranchers,             landowners; and                                          (A) periodically review and recommend
                                             and private forest landowners to which the                (iii) be composed of not less than 51 per-           any appropriate changes to—
                                             covered entity provided technical assistance            cent farmers, ranchers, or private forest                (i) the list of protocols and description of
                                             or the verification of the processes described          landowners.                                            qualifications published by the Secretary
                                             in protocols for voluntary environmental                  (C) MEMBERS.—Members appointed under                 under subsection (d)(1)(A); and
                                             credit markets; and                                     subparagraph (A) shall include—                          (ii) the requirements described in sub-
                                               (ii) notify those farmers, ranchers, and pri-           (i) not more than 2 representatives of the           section (d)(1)(B);
                                             vate forest landowners of the revocation.               Department of Agriculture, as determined by              (B) make recommendations to the Sec-
                                               (9) FAIR TREATMENT OF FARMERS.—The Sec-               the Secretary;                                         retary regarding the best practices that
                                             retary shall ensure, to the maximum extent                (ii) not more than 1 representative of the           should be included in the protocols, descrip-
                                             practicable, that covered entities certified            Environmental Protection Agency, as deter-             tion of qualifications, and requirements de-
                                             under paragraph (1) act in good faith—                  mined by the Administrator of the Environ-             scribed in subparagraph (A); and
                                               (A) to provide realistic estimates of costs           mental Protection Agency;                                (C) advise the Secretary regarding—
                                             and revenues relating to activities and                   (iii) not more than 1 representative of the
                                                                                                                                                              (i) the current methods used by voluntary
                                             verification of processes, as applicable to the         National Institute of Standards and Tech-
                                                                                                                                                            environmental credit markets to quantify
                                             covered entity, as described in subsection              nology;
                                                                                                                                                            and verify the prevention, reduction, and
                                             (d)(2); and                                               (iv) not fewer than 12 representatives of
                                                                                                                                                            mitigation of greenhouse gas emissions or
                                               (B) in the case of technical assistance pro-          the agriculture industry, appointed in a
                                                                                                                                                            sequestration of carbon;
                                             viders, to assist farmers, ranchers, and pri-           manner that is broadly representative of the
                                                                                                                                                              (ii) additional considerations for certifying
                                             vate forest landowners in ensuring that the             agriculture sector, including not fewer than
                                                                                                                                                            covered entities under the Program;
                                             farmers, ranchers, and private forest land-             6 active farmers and ranchers;
                                                                                                                                                              (iii) means to reduce barriers to entry in
                                             owners receive fair distribution of revenues              (v) not fewer than 4 representatives of pri-
                                                                                                                                                            the business of providing technical assist-
                                             derived from the sale of an agriculture or              vate forest landowners or the forestry and
                                                                                                                                                            ance or the verification of the processes de-
                                             forestry credit.                                        forest products industry appointed in a man-
                                                                                                     ner that is broadly representative of the pri-         scribed in protocols for voluntary environ-
                                               (10) SAVINGS CLAUSE.—Nothing in this sec-
                                                                                                     vate forest sector;                                    mental credit markets for covered entities,
                                             tion authorizes the Secretary to compel a
                                                                                                       (vi) not more than 4 representatives of the          including by improving technical assistance
                                             farmer, rancher, or private forest landowner
                                                                                                     relevant scientific research community, in-            provided by the Secretary;
                                             to participate in a transaction or project fa-
                                                                                                     cluding not fewer than 2 representatives                 (iv) means to reduce compliance and
                                             cilitated by a covered entity certified under
                                                                                                     from land-grant colleges and universities (as          verification costs for farmers, ranchers, and
                                             paragraph (1).
                                               (f) ENFORCEMENT.—                                     defined in section 1404 of the National Agri-          private forest landowners in entering vol-
                                               (1) PROHIBITION ON CLAIMS.—                           cultural Research, Extension, and Teaching             untary environmental credit markets, in-
                                               (A) IN GENERAL.—A person that is not cer-             Policy Act of 1977 (7 U.S.C. 3103)), of which 1        cluding through mechanisms and processes
                                             tified under the Program in accordance with             shall be a representative of a college or uni-         to aggregate the value of activities across
                                             this section shall not knowingly make a                 versity eligible to receive funds under the            land ownership;
                                             claim that the person is a ‘‘USDA-certified             Act of August 30, 1890 (commonly known as                (v) issues relating to land and asset owner-
                                             technical assistance provider or third-party            the ‘‘Second Morrill Act’’) (26 Stat. 417, chap-       ship in light of evolving voluntary environ-
                                             verifier for voluntary environmental credit             ter 841; 7 U.S.C. 321 et seq.), including              mental credit markets; and
                                             markets’’ or any substantially similar claim.           Tuskegee University;                                     (vi) additional means to reduce barriers to
                                               (B) PENALTY.—Any person that violates                   (vii) not more than 2 experts or profes-             entry in voluntary environmental credit
                                             subparagraph (A) shall be—                              sionals familiar with voluntary environ-               markets for farmers, ranchers, and private
                                               (i) subject to a civil penalty equal to such          mental credit markets and the verification             forest landowners, particularly for histori-
                                             amount as the Secretary determines to be                requirements in those markets;                         cally underserved, socially disadvantaged, or
                                             appropriate, not to exceed $1,000 per viola-              (viii) not more than 3 members of non-               limited resource farmers, ranchers, or pri-
                                             tion; and                                               governmental or civil society organizations            vate forest landowners.
                                               (ii) ineligible to certify under the Program          with relevant expertise, of which not fewer              (5) COMPENSATION.—The members of the
                                             for the 5-year period beginning on the date of          than 1 shall represent the interests of so-            Advisory Council shall serve without com-
                                             the violation.                                          cially disadvantaged groups;                           pensation.
                                               (2) SUBMISSION OF FRAUDULENT INFORMA-                   (ix) not more than 3 members of private                (6) CONFLICT OF INTEREST.—The Secretary
                                             TION.—                                                  sector entities or organizations that partici-         shall prohibit any member of the Advisory
                                               (A) IN GENERAL.—A person, regardless of               pate in voluntary environmental credit mar-            Council from—
                                             whether the person is certified under the               kets through which agriculture or forestry               (A) engaging in any determinations or ac-




dlhill on DSK120RN23PROD with SENATE
                                             program, shall not submit fraudulent infor-             credits are bought and sold; and                       tivities of the Advisory Council that may re-
                                             mation as part of a notification under sub-               (x) any other individual whom the Sec-               sult in the favoring of, or a direct and pre-
                                             section (e)(1).                                         retary determines to be necessary to ensure            dictable effect on—
                                               (B) PENALTY.—Any person that violates                 that the Advisory Council is composed of a               (i) the member or a family member, as de-
                                             subparagraph (A) shall be—                              diverse group of representatives of industry,          termined by the Secretary;
                                               (i) subject to a civil penalty equal to such          academia, independent researchers, and pub-              (ii) stock owned by the member or a family
                                             amount as the Secretary determines to be                lic and private entities.                              member, as determined by the Secretary; or




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3521
                                               (iii) the employer of, or a business owned            and reach, if the Department of Agriculture            landowners in voluntary environmental cred-
                                             in whole or in part by, the member or a fam-            were involved, including by considering the            it markets; and
                                             ily member, as determined by the Secretary;             role of the Department of Agriculture in re-             (4) any recommendations for improve-
                                             or                                                      ducing the barriers to entry identified under          ments to the Program.
                                               (B) providing advice or recommendations               clause (v), including by educating stake-                (j) CONFIDENTIALITY.—
                                             regarding, or otherwise participating in,               holders about voluntary environmental cred-              (1) PROHIBITION.—
                                             matters of the Advisory Council that—                   it markets;                                              (A) IN GENERAL.—Except as provided in
                                               (i) constitute a conflict of interest under             (xii) the extent to which existing protocols         paragraph (2), the Secretary, any other offi-
                                             section 208 of title 18, United States Code; or         in voluntary environmental credit markets,             cer or employee of the Department of Agri-
                                               (ii) may call into question the integrity of          including verification, additionality, perma-          culture or any agency of the Department of
                                             the Advisory Council, the Program, or the               nence, and reporting, adequately take into             Agriculture, or any other person may not
                                             technical assistance or verification activi-            consideration and account for factors en-              disclose to the public the information held
                                             ties described under subsection (d)(2).                 countered by the agriculture and private for-          by the Secretary described in subparagraph
                                               (7) FACA APPLICABILITY.—The Advisory                  est sectors in preventing, reducing, or miti-          (B).
                                             Council shall be subject to the Federal Advi-           gating greenhouse gases or sequestering car-             (B) INFORMATION.—
                                             sory Committee Act (5 U.S.C. App.), except              bon through agriculture and forestry prac-               (i) IN GENERAL.—Except as provided in
                                             that section 14(a)(2) of that Act shall not             tices, considering variances across regions,           clause (ii), the information prohibited from
                                             apply.                                                  topography, soil types, crop or species vari-          disclosure under subparagraph (A) is—
                                               (h) ASSESSMENT.—                                      eties, and business models;                              (I) information collected by the Secretary
                                               (1) IN GENERAL.—Not later than 240 days                 (xiii) the extent to which existing proto-           or published by the Secretary under sub-
                                             after the date of enactment of this Act, the            cols in voluntary environmental credit mar-            section (h) or (i);
                                             Secretary, in consultation with the Adminis-            kets consider options to ensure the contin-              (II) personally identifiable information, in-
                                             trator of the Environmental Protection                  ued valuation, through discounting or other            cluding in a contract or service agreement,
                                             Agency, shall—                                          means, of agriculture and forestry credits in          of a farmer, rancher, or private forest land-
                                               (A) conduct an assessment, including by               the case of the practices underlying those             owner, obtained by the Secretary under
                                             incorporating information from existing                 credits being disrupted due to unavoidable             paragraph (7) or (8)(B)(i) of subsection (e);
                                             publications and reports of the Department              events, including production challenges and            and
                                             of Agriculture and other entities with rel-                                                                      (III) confidential business information in a
                                                                                                     natural disasters; and
                                             evant expertise, regarding—                                                                                    contract or service agreement of a farmer,
                                                                                                       (xiv) opportunities for other voluntary
                                               (i) the number and categories of non-Fed-                                                                    rancher, or private forest landowner ob-
                                                                                                     markets outside of voluntary environmental
                                             eral actors in the nonprofit and for-profit                                                                    tained by the Secretary under paragraph (7)
                                                                                                     credit markets to foster the trading, buying,
                                             sectors involved in buying, selling, and trad-                                                                 or (8)(B)(i) of subsection (e).
                                                                                                     or selling of credits that are derived from ac-
                                             ing agriculture or forestry credits in vol-                                                                      (ii) AGGREGATED RELEASE.—Information
                                                                                                     tivities that provide other ecosystem service
                                             untary environmental credit markets;                                                                           described in clause (i) may be released to the
                                                                                                     benefits, including activities that improve
                                               (ii) the estimated overall domestic market                                                                   public if the information has been trans-
                                                                                                     water quality, water quantity, wildlife habi-
                                             demand for agriculture or forestry credits at
                                                                                                     tat enhancement, and other ecosystem serv-             formed into a statistical or aggregate form
                                             the end of the preceding 4-calendar year pe-
                                                                                                     ices, as the Secretary determines appro-               that does not allow the identification of the
                                             riod, and historically, in voluntary environ-
                                                                                                     priate;                                                person who supplied or is the subject of the
                                             mental credit markets;
                                                                                                       (B) publish the assessment; and                      particular information.
                                               (iii) the total number of agriculture or for-
                                                                                                       (C) submit the assessment to the Com-                  (2) EXCEPTION.—Paragraph (1) shall not
                                             estry credits (measured in metric tons of
                                                                                                     mittee on Agriculture, Nutrition, and For-             prohibit the disclosure—
                                             carbon dioxide equivalent) that were esti-
                                                                                                     estry of the Senate and the Committee on                 (A) of the name of any covered entity pub-
                                             mated to be in development, generated, or
                                                                                                     Agriculture of the House of Representatives.           lished and submitted by the Secretary under
                                             sold in market transactions during the pre-
                                                                                                       (2) QUADRIENNIAL ASSESSMENT.—The Sec-                subsection (i)(2); or
                                             ceding 4-calendar year period, and histori-
                                             cally, in voluntary environmental credit                retary, in consultation with the Adminis-                (B) by an officer or employee of the Fed-
                                             markets;                                                trator of the Environmental Protection                 eral Government of information described in
                                               (iv) the estimated supply and demand of               Agency and the Advisory Council, shall con-            paragraph (1)(B) as otherwise directed by the
                                             metric tons of carbon dioxide equivalent of             duct the assessment described in paragraph             Secretary or the Attorney General for en-
                                             offsets in the global marketplace for the               (1)(A) and publish and submit the assessment           forcement purposes.
                                                                                                     in accordance with subparagraphs (B) and (C)             (k) FUNDING.—
                                             next 4 years;
                                               (v) the barriers to entry due to compliance           of paragraph (1) every 4 years after the publi-          (1) AUTHORIZATION OF APPROPRIATIONS.—In
                                             and verification costs described in sub-                cation and submission of the first assess-             addition to the amount made available under
                                             section (g)(4)(C)(iv);                                  ment under subparagraphs (B) and (C) of                paragraph (2), there is authorized to be ap-
                                               (vi) the state of monitoring and measure-             paragraph (1).                                         propriated to carry out this section $1,000,000
                                             ment technologies needed to quantify long-                (i) REPORT.—Not later than 2 years after             for each of fiscal years 2022 through 2026.
                                             term carbon sequestration in soils and from             the date on which the Program is estab-                  (2) DIRECT FUNDING.—
                                             other activities to prevent, reduce, or miti-           lished, and every 2 years thereafter, the Sec-           (A)    RESCISSION.—There       is   rescinded
                                             gate greenhouse gas emissions in the agri-              retary shall publish and submit to the Com-            $4,100,000 of the unobligated balance of
                                             culture and forestry sectors;                           mittee on Agriculture, Nutrition, and For-             amounts made available by section 1003 of
                                               (vii) means to reduce barriers to entry into          estry of the Senate and the Committee on               the American Rescue Plan Act of 2021 (Pub-
                                             voluntary environmental credit markets for              Agriculture of the House of Representatives            lic Law 117–2).
                                             small, beginning, and socially disadvantaged            a report describing, for the period covered by           (B) DIRECT FUNDING.—If sufficient unobli-
                                             farmers, ranchers, and private forest land-             the report—                                            gated amounts made available by section
                                             owners and the extent to which existing pro-              (1) the number of covered entities that—             1003 of the American Rescue Plan Act of 2021
                                             tocols in voluntary environmental credit                  (A) were registered under the Program;               (Public Law 117–2) are available on the date
                                             markets allow for aggregation of projects                 (B) were new registrants under the Pro-              of enactment of this Act to execute the en-
                                             among farmers, ranchers, and private forest             gram, if applicable; and                               tire rescission described in subparagraph (A),
                                             landowners;                                               (C) did not renew their registration under           then on the day after the execution of the
                                               (viii) means to leverage existing Depart-             the Program, if applicable;                            entire rescission, there is appropriated to the
                                             ment of Agriculture programs and other Fed-               (2) each covered entity the certification of         Secretary, out of amounts in the Treasury
                                             eral programs that could improve, lower the             which was revoked by the Secretary under               not otherwise appropriated, $4,100,000 to
                                             costs of, and enhance the deployment of                 subsection (e)(8);                                     carry out this section.
                                             monitoring and measurement technologies                   (3) a review of the outcomes of the Pro-
                                                                                                                                                                                ---
                                                                                                                                                              SA 2052. Ms. ERNST submitted an
                                             described in clause (vi);                               gram, including—
                                               (ix) the potential impact of Department of              (A) the ability of farmers, ranchers, and            amendment intended to be proposed to
                                             Agriculture activities on supply and demand             private forest landowners, including small,            amendment SA 1502 proposed by Mr.
                                             of agriculture or forestry credits;                     beginning, and socially disadvantaged farm-            SCHUMER to the bill S. 1260, to establish
                                               (x) the potential role of the Department of           ers, ranchers, and private forest landowners,          a new Directorate for Technology and
                                             Agriculture in encouraging innovation in                to develop agriculture or forestry credits             Innovation in the National Science
                                             voluntary environmental credit markets;                 through covered entities certified under the           Foundation, to establish a regional




dlhill on DSK120RN23PROD with SENATE
                                               (xi) the extent to which the existing re-             Program;                                               technology hub program, to require a
                                             gimes for generating and selling agriculture              (B) methods to improve the ability of farm-
                                                                                                                                                            strategy and report on economic secu-
                                             or forestry credits, as the regimes exist at            ers, ranchers, and private forest landowners
                                             the end of the preceding 4-calendar year pe-            to overcome barriers to entry to voluntary             rity, science, research, innovation,
                                             riod, and historically, and existing voluntary          environmental credit markets; and                      manufacturing, and job creation, to es-
                                             environmental credit markets, may be im-                  (C) methods to further facilitate participa-         tablish a critical supply chain resil-
                                             peded or constricted, or achieve greater scale          tion of farmers, ranchers, and private forest          iency program, and for other purposes;



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                                             S3522                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                             which was ordered to lie on the table;                  person described in subsection (a)(2) if such          vation, manufacturing, and job cre-
                                             as follows:                                             property and interests in property are in the          ation, to establish a critical supply
                                                                                                     United States, come within the United                  chain resiliency program, and for other
                                               At the appropriate place in division B, in-
                                                                                                     States, or are or come within the possession
                                             sert the following:
                                                                                                     or control of a United States person.                  purposes; which was ordered to lie on
                                             SEC. llll. AUTHORIZATION OF APPROPRIA-                     (d) IMPLEMENTATION; PENALTIES.—                     the table; as follows:
                                                      TIONS FOR THE DEFENSE AD-
                                                                                                        (1) IMPLEMENTATION.—The President may                After section 2115, insert the following:
                                                      VANCED   RESEARCH   PROJECTS
                                                      AGENCY.                                        exercise all authorities provided to the               SEC. 2116. SAFETY AND ETHICS AI RESEARCH IN-
                                                                                                     President under sections 203 and 205 of the                         STITUTES.
                                               There are authorized to be appropriated for
                                                                                                     International Emergency Economic Powers                  Within the National Artificial Intelligence
                                             the Defense Advanced Research Projects
                                                                                                     Act (50 U.S.C. 1702 and 1704) to carry out this        Research Institutes authorized in section
                                             Agency amounts as follows:
                                                                                                     section.                                               5201 of William M. (Mac) Thornberry Na-
                                               (1) $600,000,000 for fiscal year 2022.
                                                                                                        (2) PENALTIES.—A person that violates, at-          tional Defense Authorization Act for Fiscal
                                               (2) $1,200,000,000 for each of fiscal years 2023
                                                                                                     tempts to violate, conspires to violate, or            Year 2021 (Public Law 116–283), the Director
                                             through 2026.
                                                                                                     causes a violation of this section or any reg-         of the National Science Foundation shall es-
                                                                                                     ulation, license, or order issued to carry out         tablish a specific theme that addresses the
                                               SA 2053. Mr. CRUZ (for himself, Mr.
                                                                                                     this section shall be subject to the penalties         areas of artificial intelligence safety and ar-
                                             JOHNSON, Mr. BARRASSO, Mr. RUBIO,                       set forth in subsections (b) and (c) of section        tificial intelligence ethics in order to pro-
                                             Mr. COTTON, and Mr. HAGERTY) sub-                       206 of the International Emergency Eco-                mote development of trustworthy artificial
                                             mitted an amendment intended to be                      nomic Powers Act (50 U.S.C. 1705) to the               intelligence and to mitigate the creation and
                                             proposed to amendment SA 1502 pro-                      same extent as a person that commits an un-            use of artificial intelligence systems that be-
                                             posed by Mr. SCHUMER to the bill S.                     lawful act described in subsection (a) of that         have in ways that cause harm.
                                             1260, to establish a new Directorate for                section.
                                             Technology and Innovation in the Na-                       (e) EXCEPTIONS.—                                      SA 2055. Mr. PAUL submitted an
                                                                                                        (1) EXCEPTION FOR INTELLIGENCE, LAW EN-             amendment intended to be proposed to
                                             tional Science Foundation, to establish                 FORCEMENT, AND NATIONAL SECURITY ACTIVI-
                                             a regional technology hub program, to                                                                          amendment SA 1502 proposed by Mr.
                                                                                                     TIES.—Sanctions under this section shall not
                                             require a strategy and report on eco-                                                                          SCHUMER to the bill S. 1260, to establish
                                                                                                     apply to any authorized intelligence, law en-
                                             nomic security, science, research, inno-                forcement, or national security activities of          a new Directorate for Technology and
                                             vation, manufacturing, and job cre-                     the United States.                                     Innovation in the National Science
                                             ation, to establish a critical supply                      (2) EXCEPTION TO COMPLY WITH UNITED NA-             Foundation, to establish a regional
                                             chain resiliency program, and for other                 TIONS HEADQUARTERS AGREEMENT.—Sanctions                technology hub program, to require a
                                                                                                     under this section shall not apply with re-            strategy and report on economic secu-
                                             purposes; which was ordered to lie on
                                                                                                     spect to the admission of an alien to the              rity, science, research, innovation,
                                             the table; as follows:                                  United States if the admission of the alien is
                                               At the end of subtitle A of title II of divi-
                                                                                                                                                            manufacturing, and job creation, to es-
                                                                                                     necessary to permit the United States to
                                             sion C, add the following:                                                                                     tablish a critical supply chain resil-
                                                                                                     comply with the Agreement regarding the
                                             SEC. 3219L. IMPOSITION OF SANCTIONS WITH RE-            Headquarters of the United Nations, signed             iency program, and for other purposes;
                                                          SPECT TO NORD STREAM 2.                    at Lake Success June 26, 1947, and entered             which was ordered to lie on the table;
                                               (a) IN GENERAL.—Not later than 15 days                into force November 21, 1947, between the              as follows:
                                             after the date of the enactment of this Act,            United Nations and the United States, the                At the end of title V of division B, add the
                                             the President shall—                                    Convention on Consular Relations, done at              following:
                                               (1) impose sanctions under subsection (b)             Vienna April 24, 1963, and entered into force          SEC. 2528. GAO STUDY ON OVERSIGHT OF FED-
                                             with respect to—                                        March 19, 1967, or other applicable inter-                         ERAL SCIENCE AND TECHNOLOGY
                                               (A) Nord Stream 2 AG or a successor enti-             national obligations.                                              GRANT MAKING AND INVESTMENTS.
                                             ty;                                                        (3) EXCEPTION RELATING TO IMPORTATION OF              (a) FINDINGS.—Congress finds that—
                                               (B) Matthias Warnig; and                              GOODS.—                                                  (1) in instances such as the Troubled Asset
                                               (C) any other corporate officer of or prin-              (A) IN GENERAL.—Notwithstanding any                 Relief Program, the American Recovery and
                                             cipal shareholder with a controlling interest           other provision of this section, the authori-          Reinvestment Act of 2009, Iraq, and Afghani-
                                             in Nord Stream 2 AG or a successor entity;              ties and requirements to impose sanctions              stan, Congress has created special inspectors
                                             and                                                     authorized under this section shall not in-            general and other oversight entities focused
                                               (2) impose sanctions under subsection (c)             clude the authority or a requirement to im-            on particular program areas who have per-
                                             with respect to—                                        pose sanctions on the importation of goods.            formed in outstanding ways;
                                               (A) Nord Stream 2 AG or a successor enti-                (B) GOOD DEFINED.—In this paragraph, the              (2) the oversight entities described in para-
                                             ty; and                                                 term ‘‘good’’ means any article, natural or            graph (1) have helped to strengthen oversight
                                               (B) Matthias Warnig.                                  man-made substance, material, supply or                in cross-agency activities and where compo-
                                               (b) INELIGIBILITY FOR VISAS, ADMISSION, OR            manufactured product, including inspection             nent inspectors general may have otherwise
                                             PAROLE OF IDENTIFIED PERSONS AND COR-                   and test equipment, and excluding technical            faced significant challenges;
                                             PORATE OFFICERS.—                                       data.                                                    (3) because of the cross-agency nature of
                                               (1) IN GENERAL.—                                         (f) DEFINITIONS.—In this section:                   Federal science and technology activities,
                                               (A) VISAS, ADMISSION, OR PAROLE.—An alien                (1) ADMISSION; ADMITTED; ALIEN.—The                 Congress created the Office of Science and
                                             described in subsection (a)(1) is—                      terms ‘‘admission’’ , ‘‘admitted’’ , and               Technology Policy to coordinate and har-
                                               (i) inadmissible to the United States;                ‘‘alien’’ have the meanings given those terms          monize among science functions at agencies;
                                               (ii) ineligible to receive a visa or other doc-       in section 101 of the Immigration and Na-                (4) the United States innovation eco-
                                             umentation to enter the United States; and              tionality Act (8 U.S.C. 1101).                         system, which uses multiple science agencies
                                               (iii) otherwise ineligible to be admitted or             (2) UNITED STATES PERSON.—The term ‘‘               to invest in research and development, can
                                             paroled into the United States or to receive            United States person’’ means—                          make it more difficult to identify and re-
                                             any other benefit under the Immigration and                (A) a United States citizen or an alien law-        move scientists who violate research integ-
                                             Nationality Act (8 U.S.C. 1101 et seq.).                fully admitted for permanent residence to              rity principles;
                                               (B) CURRENT VISAS REVOKED.—                           the United States;                                       (5) the single agency jurisdiction of an
                                               (i) IN GENERAL.—The visa or other entry                  (B) an entity organized under the laws of           agency inspector general can be a disadvan-
                                             documentation of an alien described in sub-             the United States or any jurisdiction within           tage with respect to their oversight roles,
                                             section (a)(1) shall be revoked, regardless of          the United States, including a foreign branch          and opportunities to strengthen the system
                                             when such visa or other entry documenta-                of such an entity; or                                  may exist;
                                             tion is or was issued.                                     (C) any person within the United States.              (6) single agency jurisdiction of inspectors
                                               (ii) IMMEDIATE EFFECT.—A revocation                                                                          general may also make it difficult to har-
                                             under clause (i) shall—                                   SA 2054. Mr. PORTMAN (for himself,                   monize principles and standards for over-
                                               (I) take effect immediately; and                      Mr. HEINRICH, and Mr. LUJÁN) sub-                     sight of waste, fraud, and abuse among agen-
                                               (II) automatically cancel any other valid             mitted an amendment intended to be                     cies; and
                                             visa or entry documentation that is in the              proposed to amendment SA 1502 pro-                       (7) certain issues of fraud, waste, and abuse
                                             alien’s possession.                                     posed by Mr. SCHUMER to the bill S.                    in Federal science and technology activities




dlhill on DSK120RN23PROD with SENATE
                                               (c) BLOCKING OF PROPERTY OF IDENTIFIED                                                                       span multiple agencies and are more appar-
                                                                                                     1260, to establish a new Directorate for
                                             PERSONS.—The President shall exercise all                                                                      ent through cross-agency oversight.
                                             powers granted to the President by the                  Technology and Innovation in the Na-                     (b) STUDY.—Not later than 1 year after the
                                             International Emergency Economic Powers                 tional Science Foundation, to establish                date of enactment of this Act, the Comp-
                                             Act (50 U.S.C. 1701 et seq.) to the extent nec-         a regional technology hub program, to                  troller General of the United States shall
                                             essary to block and prohibit all transactions           require a strategy and report on eco-                  conduct a study and submit to Congress a re-
                                             in all property and interests in property of a          nomic security, science, research, inno-               port that—




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                      S3523
                                               (1) evaluates the frequency of cases of               stan, Congress has created special inspectors           SEC. 522. GLOBAL COOPERATIVE FRAMEWORK
                                             waste, fraud, or abuse perpetrated across               general and other oversight entities focused                       TO END HUMAN RIGHTS ABUSES IN
                                                                                                                                                                        SOURCING CRITICAL MINERALS.
                                             multiple Federal science agencies by an                 on particular program areas who have per-
                                             awardee or group of awardees;                           formed in outstanding ways;                               (a) IN GENERAL.—The Secretary of State
                                               (2) evaluates the effectiveness of existing             (2) the oversight entities described in para-         shall seek to convene a meeting of foreign
                                             mechanisms to detect waste, fraud, and                  graph (1) have helped to strengthen oversight           leaders to establish a multilateral frame-
                                             abuse perpetrated across multiple Federal               in cross-agency activities and where compo-             work to end human rights abuses, including
                                                                                                                                                             the exploitation of forced labor and child
                                             science agencies by an awardee or group of              nent inspectors general may have otherwise
                                                                                                                                                             labor, related to the mining and sourcing of
                                             awardees; and                                           faced significant challenges;
                                                                                                                                                             critical minerals.
                                               (3) evaluates options for strengthening de-             (3) because of the cross-agency nature of                (b) CERTIFICATION SCHEME.—The Secretary
                                             tection of waste, fraud, and abuse per-                 Federal science and technology activities,              shall seek to ensure that the framework
                                             petrated across multiple Federal science                Congress created the Office of Science and              under subsection (a) includes a certification
                                             agencies by an awardee or group of awardees,            Technology Policy to coordinate and har-                scheme, comprised of—
                                             including by examining the benefits and                 monize among science functions at agencies;                (1) minimum requirements for national
                                             drawbacks of—                                             (4) the United States innovation eco-                 legislation, institutions, and import and ex-
                                               (A) providing additional support to agency            system, which uses multiple science agencies            port controls related to the sourcing of crit-
                                             inspectors general with regard to coordi-               to invest in research and development, can              ical minerals;
                                             nated oversight of Federal and technology               make it more difficult to identify and re-                 (2) measures to enforce transparency in the
                                             grant making investments; and                           move scientists who violate research integ-             exchange of production, transportation, and
                                               (B) alternative mechanisms for strength-              rity principles;                                        end-use manufacturing data related to crit-
                                             ening prevention and detection of waste,                  (5) the single agency jurisdiction of an              ical minerals, including through the use of
                                             fraud, and abuse across Federal science agen-           agency inspector general can be a disadvan-             blockchain technology, if feasible;
                                             cies perpetrated across multiple Federal                tage with respect to their oversight roles,                (3) prohibitions on the purchase or trade in
                                             science agencies by an awardee or group of              and opportunities to strengthen the system              critical minerals unless parties to the pur-
                                             awardees, such as the establishment of a spe-           may exist;                                              chase or trade are certified under and in
                                             cial inspector general or other mechanisms                (6) single agency jurisdiction of inspectors          compliance with the framework; and
                                             as the Comptroller General sees fit.                    general may also make it difficult to har-                 (4) measures to certify shipments as in
                                                                                                     monize principles and standards for over-               compliance with the framework, including
                                               SA 2056. Mr. PAUL submitted an                        sight of waste, fraud, and abuse among agen-            requiring the provision of supporting docu-
                                             amendment intended to be proposed to                    cies; and                                               mentation.
                                             amendment SA 1502 proposed by Mr.                         (7) certain issues of fraud, waste, and abuse            (c) IMPLEMENTATION REPORT.—The Sec-
                                             SCHUMER to the bill S. 1260, to establish               in Federal science and technology activities            retary shall lead the development of an an-
                                                                                                     span multiple agencies and are more appar-              nual global report on the implementation of
                                             a new Directorate for Technology and                    ent through cross-agency oversight.                     the framework under subsection (a), includ-
                                             Innovation in the National Science                        (b) STUDY.—Not later than 1 year after the            ing progress and recommendations to fully
                                             Foundation, to establish a regional                     date of enactment of this Act, the Comp-                end human rights abuses, including the ex-
                                             technology hub program, to require a                    troller General of the United States shall              ploitation of forced labor and child labor, re-
                                             strategy and report on economic secu-                   conduct a study and submit to Congress a re-            lated to the extraction of critical minerals
                                             rity, science, research, innovation,                    port that—                                              around the world.
                                             manufacturing, and job creation, to es-                   (1) evaluates the frequency of cases of                  (d) REVIEW OF CONFLICT MINERALS LIST.—
                                             tablish a critical supply chain resil-                  waste, fraud, or abuse perpetrated across               The Secretary shall review the list of con-
                                                                                                     multiple Federal science agencies by an                 flict minerals under section 1502(e)(4) of the
                                             iency program, and for other purposes;                  awardee or group of awardees;                           Dodd-Frank Wall Street Reform and Con-
                                             which was ordered to lie on the table;                    (2) evaluates the effectiveness of existing           sumer Protection Act (Public Law 111–203;
                                             as follows:                                             mechanisms to detect waste, fraud, and                  124 Stat. 228) to determine whether certain
                                               Beginning on page 478, strike line 17, and            abuse perpetrated across multiple Federal               critical minerals, such as cobalt, should be
                                             all that follows through page 485, line 18, and         science agencies by an awardee or group of              included on the list.
                                             insert the following:                                   awardees; and                                              (e) CRITICAL MINERAL DEFINED.—In this
                                             SEC. 2527. BASIC RESEARCH.                                (3) evaluates options for strengthening de-           section, the term ‘‘critical mineral’’ has the
                                               (a) NONDISCLOSURE OF MEMBERS OF GRANT                 tection of waste, fraud, and abuse per-                 meaning given the term in section 7002(a) of
                                             REVIEW PANEL.—Notwithstanding any other                 petrated across multiple Federal science                the Energy Act of 2020 (division Z of Public
                                                                                                     agencies by an awardee or group of awardees,            Law 116–260; 30 U.S.C. 1606(a)).
                                             provision of law, each agency that awards a
                                             Federal research grant shall not disclose, ei-          including by examining the benefits and
                                                                                                     drawbacks of—                                             SA 2058. Mr. CASSIDY (for himself,
                                             ther publicly or privately, to an applicant
                                             for such grant the identity of any member of              (A) providing additional support to agency            Mr. DURBIN, Ms. HIRONO, Mr. COONS,
                                             the grant review panel for such applicant.              inspectors general with regard to coordi-               Mr. WARNOCK, and Mr. GRASSLEY) sub-
                                               (b)   DOWNSTREAM       REPORTING;    IMPAR-           nated oversight of Federal and technology               mitted an amendment intended to be
                                             TIALITY.—                                               grant making investments; and                           proposed to amendment SA 1502 pro-
                                               (1) DOWNSTREAM REPORTING.—Any person                    (B) alternative mechanisms for strength-              posed by Mr. SCHUMER to the bill S.
                                             or institution awarded a grant from a Fed-              ening prevention and detection of waste,                1260, to establish a new Directorate for
                                             eral research agency shall—                             fraud, and abuse across Federal science agen-
                                                                                                                                                             Technology and Innovation in the Na-
                                               (A) notify and seek authorization from the            cies perpetrated across multiple Federal
                                                                                                     science agencies by an awardee or group of
                                                                                                                                                             tional Science Foundation, to establish
                                             relevant agency for any funds derived from                                                                      a regional technology hub program, to
                                             the grant made available through a subgrant             awardees, such as the establishment of a spe-
                                             or subsequent grant (including to an em-                cial inspector general or other mechanisms              require a strategy and report on eco-
                                             ployee or subdivision of the grant recipient’s          as the Comptroller General sees fit.                    nomic security, science, research, inno-
                                             organization); and                                                                                              vation, manufacturing, and job cre-
                                               (B) ensure that each subgrant or subse-                 SA 2057. Mr. BARRASSO (for him-                       ation, to establish a critical supply
                                             quent grant award (including to an employee             self, Ms. MURKOWSKI, Ms. LUMMIS, Mr.                    chain resiliency program, and for other
                                             or subdivision of the grant recipient’s orga-           LANKFORD, Mr. CRAMER, Mrs. HYDE-                        purposes; which was ordered to lie on
                                             nization) funded with funds derived from the            SMITH, and Mr. HOEVEN) submitted an                     the table; as follows:
                                             Federal grant is within the scope of the Fed-           amendment intended to be proposed by                      At the appropriate place in division F, in-
                                             eral grant award.                                       him to the bill S. 1260, to establish a                 sert the following:
                                               (2) IMPARTIALITY IN FUNDING SCIENTIFIC RE-                                                                    SEC. lll. COLLECTION, VERIFICATION, AND
                                             SEARCH.—Notwithstanding any other provi-
                                                                                                     new Directorate for Technology and In-
                                                                                                                                                                        DISCLOSURE OF INFORMATION BY
                                             sion of law, each Federal agency, in award-             novation in the National Science Foun-                             ONLINE MARKETPLACES TO INFORM
                                             ing grants for scientific research, shall be            dation, to establish a regional tech-                              CONSUMERS.
                                             impartial and shall not seek to advance any             nology hub program, to require a strat-                   (a) COLLECTION AND VERIFICATION OF INFOR-
                                             political position or fund a grant to reach a           egy and report on economic security,                    MATION.—
                                             predetermined conclusion.                               science, research, innovation, manufac-                   (1) COLLECTION.—




dlhill on DSK120RN23PROD with SENATE
                                             SEC. 2528. GAO STUDY ON OVERSIGHT OF FED-               turing, and job creation, to establish a                  (A) IN GENERAL.—An online marketplace
                                                         ERAL SCIENCE AND TECHNOLOGY
                                                                                                     critical supply chain resiliency pro-                   shall require any high-volume third party
                                                         GRANT MAKING AND INVESTMENTS.                                                                       seller on such online marketplace’s platform
                                               (a) FINDINGS.—Congress finds that—
                                                                                                     gram, and for other purposes; which                     to provide, not later than 7 days after quali-
                                              (1) in instances such as the Troubled Asset            was ordered to lie on the table; as fol-                fying as a high-volume third party seller on
                                             Relief Program, the American Recovery and               lows:                                                   the platform, the following information to
                                             Reinvestment Act of 2009, Iraq, and Afghani-                 At the end of title V, add the following:          the online marketplace:




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                                             S3524                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                               (i) BANK ACCOUNT.—                                      (3) DATA USE LIMITATION.—Data collected              closure under subparagraph (A) or that a
                                               (I) IN GENERAL.—A bank account number,                solely to comply with the requirements of              high-volume third party seller who has re-
                                             or, if such seller does not have a bank ac-             this section may not be used for any other             quested and received a provision for a partial
                                             count, the name of the payee for payments               purpose.                                               disclosure under subparagraph (A) has not
                                             issued by the online marketplace to such                  (b) DISCLOSURE REQUIRED.—                            provided responsive answers within a reason-
                                             seller.                                                   (1) REQUIREMENT.—                                    able time frame to consumer inquiries sub-
                                               (II) PROVISION OF INFORMATION.—The bank                 (A) IN GENERAL.—An online marketplace                mitted to the seller by phone, email, or other
                                             account or payee information required under             shall—                                                 means of electronic messaging provided to
                                             subclause (I) may be provided by the seller in            (i) require any high-volume third party              such seller by the online marketplace, the
                                             the following ways:                                     seller on such online marketplace’s platform           online marketplace shall, after providing the
                                               (aa) To the online marketplace.                       to provide the information described in sub-           seller with written or electronic notice and
                                               (bb) To a payment processor or other third            paragraph (B) to the online marketplace; and           an opportunity to respond not later than 7
                                             party contracted by the online marketplace                (ii) disclose the information described in           days after the issuance of such notice, sus-
                                             to maintain such information, provided that             subparagraph (B) to consumers in a clear and           pend any future sales activity of such seller
                                             the online marketplace ensures that it can              conspicuous manner in the—                             unless such seller consents to the disclosure
                                                                                                       (I) order confirmation message or other              of the identity information required under
                                             obtain such information on demand from
                                                                                                     document or communication made to a con-               paragraph (1)(B)(i).
                                             such payment processor or other third party.
                                                                                                     sumer after a purchase is finalized; and                 (3) REPORTING MECHANISM.—An online mar-
                                               (ii) CONTACT INFORMATION.—Contact infor-
                                                                                                       (II) consumer’s account transaction his-             ketplace shall disclose to consumers in a
                                             mation for such seller as follows:
                                                                                                     tory.                                                  clear and conspicuous manner on the product
                                               (I) With respect to a high-volume third                 (B) INFORMATION DESCRIBED.—The informa-              listing of any high-volume third party seller
                                             party seller that is an individual, the indi-           tion described in this subparagraph is the             a reporting mechanism that allows for elec-
                                             vidual’s name.                                          following:                                             tronic and telephonic reporting of suspicious
                                               (II) With respect to a high-volume third                (i) Subject to paragraph (2), the identity of        marketplace activity to the online market-
                                             party seller that is not an individual, one of          the high-volume third party seller, includ-            place.
                                             the following forms of contact information:             ing—                                                     (4) COMPLIANCE.—If a high-volume third
                                               (aa) A copy of a valid government-issued                (I) the full name of the seller;                     party seller does not comply with the re-
                                             identification for an individual acting on be-            (II) the physical address of the seller; and         quirements to provide and disclose informa-
                                             half of such seller that includes the individ-            (III) contact information for the seller, in-        tion under this subsection, the online mar-
                                             ual’s name.                                             cluding—                                               ketplace shall, after providing the seller
                                               (bb) A copy of a valid government-issued                (aa) a current working phone number; and             with written or electronic notice and an op-
                                             record or tax document that includes the                  (bb) a current working email address or              portunity to provide or disclose such infor-
                                             business name and physical address of such              other means of electronic messaging (which             mation not later than 7 days after the
                                             seller.                                                 may be provided to such seller by the online           issuance of such notice, suspend any future
                                               (iii) TAX ID.—A business tax identification           marketplace).                                          sales activity of such seller until the seller
                                             number, or, if such seller does not have a                (ii) Whether the high-volume third party             complies with such requirements.
                                             business tax identification number, a tax-              seller used a different seller to supply the             (c) ENFORCEMENT.—
                                             payer identification number.                            consumer product to the consumer upon pur-               (1) UNFAIR AND DECEPTIVE ACTS OR PRAC-
                                               (iv) WORKING EMAIL AND PHONE NUMBER.—A                chase, and, upon the request of an authenti-           TICES.—A violation of subsection (a) or (b) by
                                             current working email address and phone                 cated purchaser, the information described             an online marketplace shall be treated as a
                                             number for such seller.                                 in clause (i) relating to any such seller that         violation of a rule defining an unfair or de-
                                               (B) NOTIFICATION OF CHANGE; ANNUAL CER-               supplied the consumer product to the pur-              ceptive act or practice prescribed under sec-
                                             TIFICATION.—                                            chaser, if such seller is different than the           tion 18(a)(1)(B) of the Federal Trade Commis-
                                               (i) IN GENERAL.—An online marketplace                 high-volume third party seller listed on the           sion Act (15 U.S.C. 57a(a)(1)(B)).
                                             shall—                                                  product listing prior to purchase.                       (2) POWERS OF THE COMMISSION.—
                                               (I) periodically, but not less than annually,           (2) EXCEPTION.—                                        (A) IN GENERAL.—The Commission shall en-
                                             notify any high-volume third party seller on              (A) IN GENERAL.—Subject to subparagraph              force subsections (a) and (b) in the same
                                             such online marketplace’s platform of the               (B), upon the request of a high-volume third           manner, by the same means, and with the
                                             requirement to keep any information col-                party seller, an online marketplace may pro-           same jurisdiction, powers, and duties as
                                             lected under subparagraph (A) current; and              vide for partial disclosure of the identity in-        though all applicable terms and provisions of
                                               (II) require any high-volume third party              formation required under paragraph (1)(B)(i)           the Federal Trade Commission Act (15 U.S.C.
                                             seller on such online marketplace’s platform            in the following situations:                           41 et seq.) were incorporated into and made
                                             to, not later than 7 days after receiving the             (i) If such seller certifies to the online           a part of this section.
                                             notice under subclause (I), electronically              marketplace that the seller does not have a              (B) PRIVILEGES AND IMMUNITIES.—Any per-
                                             certify that—                                           business address and only has a residential            son that violates subsection (a) or (b) shall
                                               (aa) there have been no changes to such               street address, or has a combined business             be subject to the penalties, and entitled to
                                             seller’s information; or                                and residential address, the online market-            the privileges and immunities, provided in
                                               (bb) such seller has provided any changes             place may—                                             the Federal Trade Commission Act (15 U.S.C.
                                             to such information to the online market-                 (I) disclose only the country and, if appli-         41 et seq.).
                                             place.                                                  cable, the State in which such seller resides;           (3) REGULATIONS.—The Commission may
                                               (ii) SUSPENSION.—In the event that a high-            and                                                    promulgate regulations under section 553 of
                                             volume third party seller does not provide                (II) inform consumers that there is no busi-         title 5, United States Code, with respect to
                                             the information or certification required               ness address available for the seller and that         the collection, verification, or disclosure of
                                             under this paragraph, the online market-                consumer inquiries should be submitted to              information under this section, provided
                                             place shall, after providing the seller with            the seller by phone, email, or other means of          that such regulations are limited to what is
                                             written or electronic notice and an oppor-              electronic messaging provided to such seller           necessary to collect, verify, and disclose
                                             tunity to provide such information or certifi-          by the online marketplace.                             such information.
                                             cation not later than 7 days after the                    (ii) If such seller certifies to the online            (4) AUTHORITY PRESERVED.—Nothing in this
                                             issuance of such notice, suspend any future             marketplace that the seller is a business              section shall be construed to limit the au-
                                             sales activity of such seller until such seller         that has a physical address for product re-            thority of the Commission under any other
                                             provides such information or certification.             turns, the online marketplace may disclose             provision of law.
                                               (2) VERIFICATION.—                                    the seller’s physical address for product re-            (d) SEVERABILITY.—If any provision of this
                                               (A) IN GENERAL.—An online marketplace                 turns.                                                 section, or the application thereof to any
                                             shall—                                                    (iii) If such seller certifies to the online         person or circumstance, is held invalid, the
                                               (i) verify the information collected under            marketplace that the seller does not have a            remainder of this section and the application
                                             paragraph (1)(A) not later than 7 days after            phone number other than a personal phone               of such provision to other persons not simi-
                                             such collection; and                                    number, the online marketplace shall inform            larly situated or to other circumstances
                                               (ii) verify any change to such information            consumers that there is no phone number                shall not be affected by the invalidation.
                                             not later than 7 days after being notified of           available for the seller and that consumer in-           (e) DEFINITIONS.—In this section:
                                             such change by a high-volume third party                quiries should be submitted to the seller’s              (1) COMMISSION.—The term ‘‘Commission’’
                                             seller under paragraph (1)(B).                          email address or other means of electronic             means the Federal Trade Commission.




dlhill on DSK120RN23PROD with SENATE
                                               (B) PRESUMPTION OF VERIFICATION.—In the               messaging provided to such seller by the on-             (2) CONSUMER PRODUCT.—The term ‘‘con-
                                             case of a high-volume third party seller that           line marketplace.                                      sumer product’’ has the meaning given such
                                             provides a copy of a valid government-issued              (B) LIMITATION ON EXCEPTION.—If an online            term in section 101 of the Magnuson-Moss
                                             tax document, any information contained in              marketplace becomes aware that a high-vol-             Warranty—Federal Trade Commission Im-
                                             such document shall be presumed to be                   ume third party seller has made a false rep-           provement Act (15 U.S.C. 2301 note) and sec-
                                             verified as of the date of issuance of such             resentation to the online marketplace in               tion 700.1 of title 16, Code of Federal Regula-
                                             document.                                               order to justify the provision of a partial dis-       tions.




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3525
                                               (3) HIGH-VOLUME THIRD PARTY SELLER.—                  rectorate for Technology and Innova-                   meaning given the term in section 320(b) or
                                               (A) IN GENERAL.—The term ‘‘high-volume                tion in the National Science Founda-                   371(c)(2) of the Higher Education Act of 1965
                                             third party seller’’ means a participant on an          tion, to establish a regional technology               (20 U.S.C. 1059g(b) and 1067q(c)(2)).
                                             online marketplace’s platform who is a third                                                                     (2) ELIGIBLE PARTNERSHIP.—The term ‘‘eli-
                                                                                                     hub program, to require a strategy and
                                             party seller and who, in any continuous 12-                                                                    gible partnership’’ means a partnership that
                                             month period during the previous 24 months,             report on economic security, science,                  includes—
                                             has entered into 200 or more discrete sales or          research, innovation, manufacturing,                     (A)(i) an institution with the highest levels
                                             transactions of new or unused consumer                  and job creation, to establish a critical              of research activity; or
                                             products and an aggregate total of $7,000 or            supply chain resiliency program, and                     (ii) a National Laboratory; and
                                             more in gross revenues.                                 for other purposes; which was ordered                    (B) not less than 1 historically Black col-
                                               (B) CLARIFICATION.—For purposes of calcu-             to lie on the table; as follows:                       lege or university, Tribal College or Univer-
                                             lating the number of discrete sales or trans-                                                                  sity, or other minority-serving institution.
                                                                                                       At the end of division F, add the following:
                                             actions or the aggregate gross revenues                                                                          (3) FEDERAL SCIENCE AGENCY.—The term
                                             under subparagraph (A), an online market-               TITLE IV—DEVELOPMENT OF PROGRAM                        ‘‘Federal science agency’’ means any Federal
                                             place shall only be required to count sales or            TO    SUPPORT       PARTNERSHIPS        FOR          agency with at least $100,000,000 in basic and
                                             transactions made through the online mar-                 HBCU/MSI/TCU-DESIGNATED            INSTITU-          applied research obligations in fiscal year
                                             ketplace and for which payment was proc-                  TIONS                                                2021.
                                             essed by the online marketplace, either di-             SEC. 6401. FINDINGS.                                     (4) GRANTEE.—The term ‘‘grantee’’ means
                                             rectly or through its payment processor.                  (a) FINDINGS.—Congress       finds the fol-          the legal entity to which a grant is awarded
                                               (4) ONLINE MARKETPLACE.—The term ‘‘on-                lowing:                                                and that is accountable to the Federal Gov-
                                             line marketplace’’ means any person or enti-              (1) Strengthening the United States re-              ernment for the use of the funds provided.
                                             ty that operates a consumer-directed elec-              search enterprise is critical to our Nation’s            (5) INSTITUTION WITH THE HIGHEST LEVELS
                                             tronically based or accessed platform that—             leadership in science and technology.                  OF RESEARCH ACTIVITY.—The term ‘‘institu-
                                               (A) includes features that allow for, facili-           (2) Promoting diversity, equity, and inclu-          tion with the highest levels of research ac-
                                             tate, or enable third party sellers to engage           sion in the federally funded research pipeline         tivity’’, means an institution of higher edu-
                                             in the sale, purchase, payment, storage, ship-          is essential to ensuring the development of            cation that is classified as an R1 University,
                                             ping, or delivery of a consumer product in              scientific breakthroughs that benefit every            or successor designation, by the Carnegie
                                             the United States;                                      person of the United States.                           Classification of Institutions of Higher Edu-
                                               (B) is used by one or more third party sell-            (3) Partnerships between institutions of             cation.
                                             ers for such purposes; and                              higher education with the highest levels of              (6) HISPANIC-SERVING INSTITUTION.—The
                                               (C) has a contractual or similar relation-            research activity and historically Black col-          term ‘‘Hispanic-serving institution’’ means
                                             ship with consumers governing their use of              leges and universities, Tribal Colleges or             an institution of higher education as defined
                                             the platform to purchase consumer products.             Universities, or other minority-serving insti-         in section 502 of the Higher Education Act of
                                               (5) SELLER.—The term ‘‘seller’’ means a               tutions that are committed to the recruit-             1965 (20 U.S.C. 1101a).
                                             person who sells, offers to sell, or contracts          ment, retention, and advancement of histori-             (7) HISTORICALLY BLACK COLLEGE OR UNI-
                                             to sell a consumer product through an online            cally underrepresented populations benefit             VERSITY.—The term ‘‘historically Black col-
                                             marketplace’s platform.                                 the United States at large.                            lege and university’’ has the meaning given
                                               (6) THIRD PARTY SELLER.—                                (4) The STEM workforce drives forward the            the term ‘‘part B institution’’ in section 322
                                               (A) IN GENERAL.—The term ‘‘third party                United States economy and our global com-              of the Higher Education Act of 1965 (20 U.S.C.
                                             seller’’ means any seller, independent of an            petitiveness.                                          1061).
                                             online marketplace, who sells, offers to sell,            (5) Federal funding for initiatives that sup-          (8) INSTITUTION OF HIGHER EDUCATION.—The
                                             or contracts to sell a consumer product in              port the development of a diverse research             term ‘‘institution of higher education’’ has
                                             the United States through such online mar-              workforce pipeline across institutions of              the meaning given the term in section 101(a)
                                             ketplace’s platform.                                    higher education are in the best interest of           of the Higher Education Act of 1965 (20 U.S.C.
                                               (B) EXCLUSIONS.—The term ‘‘third party                the United States research enterprise.                 1001(a)).
                                             seller’’ does not include, with respect to an             (6) Congress believes that Federal science             (9) MINORITY-SERVING INSTITUTION.—The
                                             online marketplace—                                     agencies should provide funding to foster              term ‘‘minority-serving institution’’ means a
                                               (i) a seller who operates the online market-          collaboration between institutions of higher           historically Black college or university, pre-
                                             place’s platform; or                                    education to promote a more diverse, equi-             dominantly Black institution, Hispanic-serv-
                                               (ii) a business entity that has—                      table, and inclusive research workforce and            ing institution, Asian American and Native
                                               (I) made available to the general public the          enterprise.                                            American Pacific Islander–Serving Institu-
                                             entity’s name, business address, and working            SEC. 6402. PURPOSE.                                    tion, or Tribal College or University.
                                             contact information;                                      The purpose of this title is to provide fund-          (10) NATIONAL LABORATORY.—The term
                                               (II) an ongoing contractual relationship              ing to Federal science agencies for distribu-          ‘‘National Laboratory’’ has the meaning
                                             with the online marketplace to provide the              tion to eligible partnerships that commit re-          given the term in section 2 of the Energy
                                             online marketplace with the manufacture,                sources to collaboration and cooperation               Policy Act of 2005 (42 U.S.C. 15801).
                                             distribution, wholesaling, or fulfillment of            with historically Black colleges or univer-              (11) PREDOMINANTLY BLACK INSTITUTION.—
                                             shipments of consumer products; and                     sities, Tribal Colleges or Universities, His-          The term ‘‘predominantly Black institution’’
                                               (III) provided to the online marketplace              panic-serving institutions, or other minor-            means—
                                             identifying information, as described in sub-           ity-serving institutions, including—                     (A) a Predominantly Black Institution, as
                                             section (a), that has been verified in accord-            (1) programs that help enroll alumni from            defined in section 318(b) of the Higher Edu-
                                             ance with that subsection.                              historically Black colleges or universities,           cation Act of 1965 (20 U.S.C. 1059e(b)); or
                                               (7) VERIFY.—The term ‘‘verify’’ means to              Tribal Colleges or Universities, or other mi-            (B) a Predominantly Black institution, as
                                             confirm information provided to an online               nority-serving institutions in postgraduate            defined in section 371(c)(9) of such Act (20
                                             marketplace pursuant to this section by the             programs leading to master or doctoral de-             U.S.C. 1067q(c)(9)).
                                             use of one or more methods that enable the              grees in STEM disciplines at partner institu-            (12) STEM.—The term ‘‘STEM’’ means
                                             online marketplace to reliably determine                tions of higher education with the highest             science, technology, engineering, and mathe-
                                             that any information and documents pro-                 levels of research activity;                           matics, including computer science and bio-
                                             vided are valid, corresponding to the seller              (2) summer research internship support               logical and agricultural sciences.
                                             or an individual acting on the seller’s behalf,         grants at partner institutions of higher edu-            (13) TRIBAL COLLEGE OR UNIVERSITY.—The
                                             not misappropriated, and not falsified.                 cation with the highest levels of research ac-         term ‘‘Tribal College or University’’ has the
                                               (f) RELATIONSHIP TO STATE LAWS.—No                    tivity;                                                meaning given the term in section 316(b) of
                                             State or political subdivision of a State may             (3) research projects that include students          the Higher Education Act of 1965 (20 U.S.C.
                                             establish or continue in effect any law, regu-          at historically Black colleges and univer-             1059c(b)).
                                             lation, rule, requirement, or standard that             sities, Tribal Colleges and Universities, or           SEC. 6404. DEVELOPMENT OF PROGRAM TO SUP-
                                             conflicts with the requirements of this sec-            other minority-serving institutions, and at                        PORT PARTNERSHIPS FOR HISTORI-
                                             tion.                                                   institutions of higher education with the                          CALLY BLACK COLLEGES AND UNI-
                                               (g) EFFECTIVE DATE.—This section shall                                                                                   VERSITIES, TRIBAL COLLEGES OR
                                                                                                     highest levels of research activity; and
                                             take effect 180 days after the date of the en-                                                                             UNIVERSITIES, OR OTHER MINOR-
                                                                                                       (4) competitive grant awards to enhance                          ITY-SERVING INSTITUTIONS.
                                             actment of this Act.                                    and expand pathways to the professoriate for
                                                                   ---                                                                                        (a) GRANT PROGRAM AUTHORIZED.—From




dlhill on DSK120RN23PROD with SENATE
                                                                                                     underrepresented students.                             amounts made available under section 6406,
                                               SA 2059. Mr. PADILLA (for himself,
                                                                                                     SEC. 6403. DEFINITIONS.                                the head of each Federal science agency
                                             Mr. LUJÁN, Ms. CORTEZ MASTO, and Mr.
                                                                                                       In this title:                                       shall make awards to eligible partnerships in
                                             CORNYN) submitted an amendment in-                        (1) ASIAN AMERICAN AND NATIVE AMERICAN               order to support the recruitment, retention,
                                             tended to be proposed to amendment                      PACIFIC ISLANDER-SERVING INSTITUTION.—The              and advancement of underrepresented stu-
                                             SA 1502 proposed by Mr. SCHUMER to                      term ‘‘Asian American and Native American              dents in STEM fields, including students who
                                             the bill S. 1260, to establish a new Di-                Pacific Islander–serving institution’’ has the         are the first in their families to graduate




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                                             S3526                                             CONGRESSIONAL RECORD — SENATE                                                            May 26, 2021
                                             from institutions of higher education, vet-               SA 2060. Mr. LEAHY (for himself and                  SCHUMER to the bill S. 1260, to establish
                                             erans, individuals from low-income back-                Mr. TILLIS) submitted an amendment                     a new Directorate for Technology and
                                             grounds, individuals with disabilities, and             intended to be proposed to amendment                   Innovation in the National Science
                                             women, through activities described in sub-
                                             section (c).                                            SA 1502 proposed by Mr. SCHUMER to                     Foundation, to establish a regional
                                               (b) COLLABORATION REQUIREMENTS.—                      the bill S. 1260, to establish a new Di-               technology hub program, to require a
                                               (1) JOINT PROPOSAL.—An eligible partner-              rectorate for Technology and Innova-                   strategy and report on economic secu-
                                             ship desiring a grant under a program de-               tion in the National Science Founda-                   rity, science, research, innovation,
                                             scribed in subsection (a) shall submit a joint          tion, to establish a regional technology               manufacturing, and job creation, to es-
                                             proposal representing all members of the eli-           hub program, to require a strategy and                 tablish a critical supply chain resil-
                                             gible partnership to the applicable Federal
                                                                                                     report on economic security, science,                  iency program, and for other purposes;
                                             science agency. The joint proposal shall in-
                                             clude a description of the proposed activities          research, innovation, manufacturing,                   which was ordered to lie on the table;
                                             to be carried out under the grant.                      and job creation, to establish a critical              as follows:
                                               (2) COLLABORATION.—Each eligible partner-             supply chain resiliency program, and                     At the end of title III of division B, add the
                                             ship shall collaborate across institutions of           for other purposes; which was ordered                  following:
                                             higher education, including historically                to lie on the table; as follows:                       SEC. 2309. PRIORITIZATION AND PROTECTION OF
                                             Black colleges or universities, Tribal Col-               At the appropriate place, insert the fol-                         INTERNATIONAL RESEARCH.
                                             leges or Universities, or other minority-serv-          lowing:                                                  (a) LIST OF ALLIED COUNTRIES.—The Sec-
                                             ing institutions, in order to develop and               SEC. lll. OWNERSHIP AND ASSIGNMENT OF                  retary of State, in consultation with the Di-
                                             carry out the proposed grant activities.                          PATENTS.                                     rector of the Office of Science and Tech-
                                               (c) USE OF FUNDS.—                                      (a) IN GENERAL.—Section 261 of title 35,             nology Policy, the National Security Coun-
                                               (1) REQUIRED USES.—Each eligible partner-             United States Code, is amended—                        cil, the Secretary of Energy, the Director of
                                             ship supported by a grant under subsection                (1) by striking the first undesignated para-         the National Science Foundation and the
                                             (a) shall—                                              graph and inserting the following:                     heads of other relevant agencies, shall create
                                               (A) enhance and expand pathways for                     ‘‘(a) IN GENERAL.—                                   a list of allied countries with which joint
                                             underrepresented students at historically                 ‘‘(1) ATTRIBUTES OF PERSONAL PROPERTY.—              international research and cooperation
                                             Black colleges or universities, Tribal Col-             Subject to the provisions of this title, pat-          would advance United States national inter-
                                             leges or Universities, or other minority-serv-          ents shall have the attributes of personal             ests and advance scientific knowledge in key
                                             ing institutions, to enter graduate studies             property.                                              technology focus areas.
                                             and academia in STEM fields;                              ‘‘(2) REGISTER OF ASSIGNMENTS AND OWNER-               (b) ESTABLISHMENT OF SECURITY PROCE-
                                               (B) remove barriers to entry to the pro-              SHIP.—The Patent and Trademark Office                  DURES.—The Secretary of State, in consulta-
                                             fessoriate for such students; and                       shall maintain a publicly accessible register          tion with the individuals and entities listed
                                               (C) provide funding to faculty at histori-            of interests in patents and applications for           in subsection (a), shall collaborate with
                                             cally Black colleges or universities, Tribal            patents and shall record any document re-              similar entities in the countries appearing
                                             Colleges or Universities, or other minority-            lated thereto upon request, and may require            on the list created pursuant to subsection (a)
                                             serving institutions to work on the research            a fee therefor.                                        to develop, coordinate, and agree to general
                                             projects along with their students.                       ‘‘(3) REQUIREMENT TO RECORD CERTAIN AS-              security policies and procedures, consistent
                                               (2) DISTRIBUTION REQUIREMENT.—The head                SIGNMENTS.—                                            with the policies and procedures developed
                                             of each Federal science agency shall require              ‘‘(A) IN GENERAL.—Whenever all substan-              pursuant to sections 2304 and 2305, for gov-
                                             each grantee to allocate not less than 50 per-          tial rights in a patent are assigned to a per-         ernmental, academic, and private sector re-
                                             cent of the total grant award received by the           son, including a legal or governmental entity          search, to prevent sensitive research from
                                             eligible partnership to the partner histori-            or a parent corporation—                               being disclosed to joint adversaries.
                                             cally Black colleges or universities, Tribal              ‘‘(i) the patentee shall, not later than 90            (c) REPORT.—Not later than 2 years after
                                             Colleges or Universities, or other minority-            days after the date of the assignment, sub-            the date of the enactment of this Act, the
                                             serving institutions, in order to carry out             mit a request described in paragraph (2) with          Secretary of State, in consultation with the
                                             the activities supported under the grant.               respect to the assignment; and                         individuals and entities listed in subsection
                                               (d) NONDUPLICATION.—An eligible partner-                                                                     (a), and allied countries appearing on the list
                                                                                                       ‘‘(ii) the Patent and Trademark Office
                                             ship desiring a grant under a program de-                                                                      created pursuant to subsection (a), shall sub-
                                                                                                     shall, upon receiving the request submitted
                                             scribed in subsection (a) shall not submit the                                                                 mit a report to Congress that identifies the
                                                                                                     under clause (i), record the assignment in
                                             same proposal to multiple Federal science                                                                      most promising international research ven-
                                                                                                     the register described in paragraph (2).
                                             agencies.                                                                                                      tures that leverage resources and advance re-
                                                                                                       ‘‘(B) EFFECT OF FAILURE TO COMPLY.—Dur-
                                             SEC. 6405. REPORTING.
                                                                                                     ing any period in which the requirements of            search in key technology focus areas.
                                               The head of each Federal science agency
                                                                                                     subparagraph (A)(i) are not satisfied with re-
                                             shall conduct or support studies, which shall                                                                    SA 2062. Mr. SASSE (for himself and
                                                                                                     spect to a patent to which this paragraph ap-
                                             include longitudinal studies, that follow the
                                             progress of undergraduate students partici-
                                                                                                     plies, no party may recover, for the infringe-         Mr. COONS) submitted an amendment
                                                                                                     ment of that patent in any action, increased           intended to be proposed to amendment
                                             pating in activities supported under this
                                                                                                     damages under section 284.                             SA 1502 proposed by Mr. SCHUMER to
                                             title and report—
                                                                                                       ‘‘(C) RULES.—The Director may prescribe
                                               (1) the number of such students, in the ag-                                                                  the bill S. 1260, to establish a new Di-
                                                                                                     rules to implement this paragraph, including
                                             gregate and disaggregated by categories of                                                                     rectorate for Technology and Innova-
                                                                                                     rules for the proper recording of the assign-
                                             underrepresented students in STEM field,                                                                       tion in the National Science Founda-
                                                                                                     ments of patents.’’;
                                             who pursue STEM graduate studies and pro-                                                                      tion, to establish a regional technology
                                                                                                       (2) in the first undesignated paragraph fol-
                                             fessions as a result of such activities; and
                                                                                                     lowing subsection (a), as so designated by             hub program, to require a strategy and
                                               (2) information regarding the benefits pro-
                                             vided to such students as a result of the ac-
                                                                                                     paragraph (1) of this subsection, by striking          report on economic security, science,
                                                                                                     ‘‘Applications’’ and inserting the following:          research, innovation, manufacturing,
                                             tivities.
                                                                                                       ‘‘(b) APPLICATIONS.—Applications’’;                  and job creation, to establish a critical
                                             SEC. 6406. AUTHORIZATION OF APPROPRIATIONS.
                                                                                                       (3) in the first undesignated paragraph fol-
                                               (a) IN GENERAL.—There is authorized to be                                                                    supply chain resiliency program, and
                                                                                                     lowing subsection (b), as so designated by
                                             appropriated to carry out this title
                                                                                                     paragraph (2) of this subsection, by striking          for other purposes; which was ordered
                                             $100,000,000 for fiscal year 2022 and each suc-                                                                to lie on the table; as follows:
                                                                                                     ‘‘A certificate’’ and inserting the following:
                                             ceeding fiscal year.
                                                                                                       ‘‘(c) CERTIFICATE OF ACKNOWLEDGMENT.—A                 At the end of title V of division B, add the
                                               (b) GAO REPORT.—Beginning in fiscal year
                                                                                                     certificate’’; and                                     following:
                                             2022, the Comptroller General of the United
                                             States, after consultation with the Secretary             (4) in the first undesignated paragraph fol-         SEC. 2528. GLOBAL COVID–19 RELIEF PROGRAM.
                                             of Education on any relevant issue of con-              lowing subsection (c), as so designated by               (a) SENSE OF THE SENATE.—It is the sense
                                             cern, including at a minimum on the total               paragraph (3) of this subsection, by striking          of the Senate that—
                                             numbers of qualifying eligible minority serv-           ‘‘An interest’’ and inserting the following:             (1) the COVID-19 pandemic is a once-in-a
                                             ing institutions within each category dis-                ‘‘(d) EFFECT OF ASSIGNMENT.—An interest’’.           generation opportunity for the United States
                                                                                                       (b) APPLICABILITY.—The amendments made               to demonstrate global leadership;
                                             cussed herein annually, shall prepare and
                                                                                                     by subsection (a) shall apply with respect to            (2) the People’s Republic of China is en-
                                             submit to Congress a suggested distribution




dlhill on DSK120RN23PROD with SENATE
                                             of funding under this title among all quali-            any assignment that occurs on or after the             gaged in an aggressive vaccine diplomacy
                                             fying Federal science agencies that in the              date of enactment of this Act.                         game and uses COVID–19 assistance as a co-
                                             first year of the program reflects equitable                                                                   ercive tool to secure political and economic
                                             share as a basis for distribution and that re-           SA 2061. Mr. KING (for himself and                    gains;
                                             flects the input of the affected Federal                Mr. LANKFORD) submitted an amend-                        (3) providing other countries with COVID–
                                             science agencies regarding any allocation               ment intended to be proposed to                        19 assistance and access to vaccines should
                                             methodology to be used in subsequent years.             amendment SA 1502 proposed by Mr.                      be a top priority for the Department of State




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3527
                                             and the United States Agency for Inter-                 gress and to the Secretary of State that de-           was ordered to lie on the table; as fol-
                                             national Development for the rest of fiscal             scribes—                                               lows:
                                             year 2021; and                                            (A) the activities of the task force; and              At the appropriate place, insert the fol-
                                               (4) it is in the interests of the United                (B) any legal, bureaucratic, or resourcing           lowing:
                                             States to work to preserve and protect                  challenges preventing the expedited facilita-
                                                                                                                                                            SEC. ll. POST-EMPLOYMENT LIMITATIONS ON
                                             United States private sector incentives for             tion of overseas licensing and direct pur-                       PRESIDENTIAL APPOINTEES WITH
                                             future vaccine development and to ensure                chasing agreements of COVID–19 vaccines de-                      RESPECT TO THE GOVERNMENT OF
                                             technological innovation in order to meet               veloped in the United States.                                    THE PEOPLE’S REPUBLIC OF CHINA,
                                             the vaccine diplomacy challenges of the next              (5) SUNSET PROVISION.—If a task force is es-                   THE CHINESE COMMUNIST PARTY,
                                             pandemic.                                               tablished pursuant to paragraph (1), the task                    AND CHINESE MILITARY COMPA-
                                               (b) GLOBAL COVID–19 RELIEF PROGRAM.—                  force shall terminate on the date that is 1                      NIES.
                                             The Secretary of State should establish a               year after the date of its establishment un-             Section 207 of title 18, United States Code,
                                             global COVID–19 relief program through                  less the Secretary of State—                           is amended by adding at the end the fol-
                                             which Department of State and United                      (A) determines that the duration of the              lowing:
                                             States Agency for International Develop-                task force should be extended; and                       ‘‘(m) RESTRICTIONS ON PRESIDENTIAL AP-
                                             ment personnel, including contractors, can—               (B) not later than 30 days before extending          POINTEES WITH RESPECT TO THE GOVERNMENT
                                               (1) assist host governments with—                     the duration of the task force, notifies Con-          OF THE PEOPLE’S REPUBLIC OF CHINA, THE CHI-
                                               (A) the procurement from the United                   gress of the duration of, and justification for,       NESE COMMUNIST PARTY, AND CHINESE MILI-
                                             States Government of COVID–19 vaccines de-              such extension.                                        TARY COMPANIES.—
                                             veloped in the United States;                                                                                    ‘‘(1) IN GENERAL.—In addition to the other
                                               (B) direct procurement of such vaccines                 SA 2063. Mr. SASSE submitted an                      restrictions set forth in this section, any
                                             from United States vaccine manufacturers;                                                                      person who serves in a position pursuant to
                                             and                                                     amendment intended to be proposed to
                                                                                                                                                            an appointment made by the President and
                                               (C) procurement of other COVID–19-related             amendment SA 1502 proposed by Mr.                      who knowingly, at any time after the termi-
                                             medical advice, technical advice, and mate-             SCHUMER to the bill S. 1260, to establish              nation of his or her service in the position—
                                             rial assistance from the United States Gov-             a new Directorate for Technology and                     ‘‘(A) represents an entity described in
                                             ernment and United States vaccine manufac-              Innovation in the National Science                     paragraph (2) before any officer or employee
                                             turers; and                                             Foundation, to establish a regional                    of any department or agency of the United
                                               (2) serve as liaisons for United States vac-          technology hub program, to require a                   States with the intent to influence a deci-
                                             cine manufacturers to facilitate—                                                                              sion of such officer or employee in carrying
                                               (A) overseas licensing agreements;
                                                                                                     strategy and report on economic secu-
                                                                                                                                                            out his or her official duties; or
                                               (B) direct purchase agreements; and                   rity, science, research, innovation,                     ‘‘(B) aids or advises an entity described in
                                               (C) the expansion of vaccine production ca-           manufacturing, and job creation, to es-                paragraph (2) with the intent to influence a
                                             pacity overseas.                                        tablish a critical supply chain resil-                 decision of any officer or employee of any de-
                                               (c) AMERICAN VACCINE DIPLOMACY TASK                   iency program, and for other purposes;                 partment or agency of the United States, in
                                             FORCE.—                                                 which was ordered to lie on the table;                 carrying out his or her official duties,
                                               (1) ESTABLISHMENT.—Not later than 60 days
                                                                                                     as follows:                                            shall be punished as provided in section 216
                                             after the date of the enactment of this Act,
                                             the Secretary of State should establish a                 At the end of title V of division B, add the         of this title.
                                             task force to facilitate the overseas licensing         following:                                               ‘‘(2) ENTITIES.—An entity described in this
                                             and direct purchasing agreements of vac-                SEC. ll. OFFICE OF SCIENCE AND TECHNOLOGY              paragraph is any of the following:
                                             cines developed in the United States.                              POLICY ARTIFICIAL INTELLIGENCE-               ‘‘(A) The Government of the People’s Re-
                                               (2) MEMBERSHIP.—If a task force is estab-                        AND MACHINE LEARNING-ENABLED                public of China.
                                                                                                                GAME.                                         ‘‘(B) The Chinese Communist Party.
                                             lished pursuant to paragraph (1), the task
                                             force should be composed of—                              (a) IN GENERAL.—The Director of the Office             ‘‘(C) Any entity identified under section
                                               (A) 1 or more representatives of the De-              of Science and Technology and Policy, in co-           1237(b) of the Strom Thurmond National De-
                                             partment of State at the Under Secretary                ordination with the Secretary of State, the            fense Authorization Act for Fiscal Year 1999
                                             level, or designees;                                    Secretary of the Treasury, the Secretary of            (Public Law 105–261; 50 U.S.C. 1701 note).
                                               (B) 1 or more representatives of the United           Defense, the Attorney General of the United              ‘‘(D) Any entity identified under section
                                             States Agency for International Develop-                States, the Secretary of Energy, the Sec-              1260H of the William M. (Mac) Thornberry
                                             ment at the Assistant Administrator level,              retary of Homeland Security, the Director of           National Defense Authorization Act for Fis-
                                             or designees;                                           National Intelligence, and the heads of such           cal Year 2021 (Public Law 116–283).’’.
                                               (C) 1 or more representatives of the De-              other agencies as the Director of the Office
                                             partment of Commerce at the Under Sec-                  of Science and Technology Policy considers               SA 2065. Mr. TUBERVILLE sub-
                                             retary level, or designees;                             appropriate, shall conduct an artificial               mitted an amendment intended to be
                                               (D) 1 or more representatives of private              intelligence- and machine learning-enabled             proposed to amendment SA 1502 pro-
                                             sector companies in the United States that              game of games covering each instrument of              posed by Mr. SCHUMER to the bill S.
                                             are significantly involved in the production            national power.                                        1260, to establish a new Directorate for
                                             of COVID–19 vaccines;                                     (b) MODELING AND SIMULATION.—The game
                                                                                                     conducted under subsection (a) shall advance           Technology and Innovation in the Na-
                                               (E) 1 or more representatives from civil so-                                                                 tional Science Foundation, to establish
                                             ciety, including organizational leaders with            artificial intelligence-enabled modeling and
                                                                                                     simulation in government.                              a regional technology hub program, to
                                             expertise in the manufacturing, procure-
                                             ment, and distribution of COVID–19 vaccines               (c) PLAN REQUIRED.—                                  require a strategy and report on eco-
                                             developed in the United States; and                       (1) IN GENERAL.—The Director of the Office           nomic security, science, research, inno-
                                               (F) any other representatives that the Sec-           of Science and Technology Policy shall sub-            vation, manufacturing, and job cre-
                                             retary of State determines are necessary to             mit to Congress a plan for the execution of            ation, to establish a critical supply
                                                                                                     the game conducted under subsection (a).
                                             support the work of the task force.                                                                            chain resiliency program, and for other
                                               (3) DUTIES.—If a task force is established              (2) FORM.—The plan required by paragraph
                                                                                                     (1) shall be submitted in classified form.             purposes; which was ordered to lie on
                                             pursuant to paragraph (1), the task force                                                                      the table; as follows:
                                             should identify—                                          (d) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                     There is authorized to be appropriated to the            Beginning on page 500, strike lines 7
                                               (A) a target set of countries for the facili-
                                                                                                     Office of Science and Technology Policy to             through 10 and insert the following:
                                             tation of overseas licensing and direct pur-
                                                                                                     carry out this section $100,000,000 for fiscal           (A) encourage reusability and sustain-
                                             chasing agreements of COVID–19 vaccines de-
                                                                                                     year 2022.                                             ability of systems developed;
                                             veloped in the United States;
                                                                                                                                                              (B) offer existing capabilities and assets of
                                               (B) existing policy and legal hurdles to the
                                                                                                       SA 2064. Mr. SASSE submitted an                      NASA centers to support such partnerships;
                                             facilitation of overseas licensing and direct
                                                                                                     amendment intended to be proposed by                   and
                                             purchasing agreements of such vaccines; and
                                                                                                     him to the bill S. 1260, to establish a                  (C) prioritize the mission, schedule, safety,
                                               (C) the necessary resources at the con-
                                                                                                                                                            and integrity of the program by building in
                                             sulate, embassy, and bureau levels to expe-             new Directorate for Technology and In-                 the redundancy of a second human landing
                                             dite the facilitation of overseas licensing and         novation in the National Science Foun-                 system.
                                             direct purchasing agreements of such vac-               dation, to establish a regional tech-




dlhill on DSK120RN23PROD with SENATE
                                             cines.                                                  nology hub program, to require a strat-                  SA 2066. Mr. HAGERTY submitted an
                                               (4) REPORTING REQUIREMENT.—Not later
                                                                                                     egy and report on economic security,                   amendment intended to be proposed to
                                             than 60 days after the establishment of the
                                             task force pursuant to paragraph (1) and                science, research, innovation, manufac-                amendment SA 1502 proposed by Mr.
                                             every 90 days thereafter until the date set             turing, and job creation, to establish a               SCHUMER to the bill S. 1260, to establish
                                             forth in paragraph (5), the task force should           critical supply chain resiliency pro-                  a new Directorate for Technology and
                                             deliver a written or verbal report to Con-              gram, and for other purposes; which                    Innovation in the National Science



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                                             S3528                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                             Foundation, to establish a regional                       (E) examining the application of artificial             (B) assess the progress toward developing
                                             technology hub program, to require a                    intelligence for geological exploration of             critical minerals recycling and reprocessing
                                             strategy and report on economic secu-                   critical minerals, including what size and di-         technologies;
                                                                                                     versity of data sets would be required;                   (C) assess the end-to-end lifecycle of crit-
                                             rity, science, research, innovation,
                                                                                                       (F) examining the application of machine             ical minerals, including for mining, usage,
                                             manufacturing, and job creation, to es-                 learning for detection and sorting of critical         recycling, and end-use material and tech-
                                             tablish a critical supply chain resil-                  minerals, including what size and diversity            nology requirements;
                                             iency program, and for other purposes;                  of data sets would be required;                           (D) examine options for accessing and de-
                                             which was ordered to lie on the table;                    (G) conducting detailed isotope studies of           veloping critical minerals through invest-
                                             as follows:                                             critical minerals and the development of               ment and trade with allies and partners of
                                               At the end of title V of division B, insert           more refined geologic models; or                       the United States and provide recommenda-
                                             the following:                                            (H) providing training and research oppor-           tions;
                                             SEC. 2528. PROHIBITION ON FUNDING FROM                  tunities to undergraduate and graduate stu-               (E) evaluate and provide recommendations
                                                        CHINA.                                       dents to prepare the next generation of min-           to incentivize the development and use of ad-
                                               Notwithstanding any other provision of                ing engineers and researchers.                         vances in science and technology in the pri-
                                             this division, an institution of higher edu-              (b) CRITICAL MINERALS INTERAGENCY SUB-               vate industry;
                                             cation that receives funds under this division                                                                    (F) assess the need for and make rec-
                                                                                                     COMMITTEE.—
                                             for a project, program, or research, as a con-                                                                 ommendations to address the challenges the
                                                                                                       (1) IN GENERAL.—In order to support supply
                                             dition of receiving such funds, shall not ac-                                                                  United States critical minerals supply chain
                                                                                                     chain resiliency, the Critical Minerals Sub-
                                             cept funds from the People’s Republic of                                                                       workforce faces, including—
                                                                                                     committee of the National Science and Tech-
                                             China for such project, program, or research.                                                                     (i) aging and retiring personnel and fac-
                                                                                                     nology Council (referred to in this subsection
                                                                   ---                               as the ‘‘Subcommittee’’) shall coordinate
                                                                                                                                                            ulty;
                                               SA 2067. Mr. DURBIN submitted an                                                                                (ii) public perceptions about the nature of
                                                                                                     Federal science and technology efforts to en-
                                             amendment intended to be proposed to                    sure secure and reliable supplies of critical
                                                                                                                                                            mining and mineral processing; and
                                             amendment SA 1502 proposed by Mr.                                                                                 (iii) foreign competition for United States
                                                                                                     minerals to the United States.
                                             SCHUMER to the bill S. 1260, to establish                                                                      talent;
                                                                                                       (2) PURPOSES.—The purposes of the Sub-                  (G) develop, and update as necessary, a
                                             a new Directorate for Technology and                    committee shall be—                                    strategic plan to guide Federal programs and
                                             Innovation in the National Science                        (A) to advise and assist the Committee on            activities to enhance—
                                             Foundation, to establish a regional                     Homeland and National Security and the Na-                (i) scientific and technical capabilities
                                             technology hub program, to require a                    tional Science and Technology Council on               across critical mineral supply chains, includ-
                                             strategy and report on economic secu-                   United States policies, procedures, and plans          ing a roadmap that identifies key research
                                             rity, science, research, innovation,                    as it relates to critical minerals, including—         and development needs and coordinates on-
                                                                                                       (i) Federal research, development, and de-           going activities for source diversification,
                                             manufacturing, and job creation, to es-                 ployment efforts to optimize methods for ex-
                                             tablish a critical supply chain resil-                                                                         more efficient use, recycling, and substi-
                                                                                                     tractions, concentration, separation, and pu-          tution for critical minerals; and
                                             iency program, and for other purposes;                  rification of conventional, secondary, and                (ii) cross-cutting mining science, data
                                             which was ordered to lie on the table;                  unconventional sources of critical minerals,           science techniques, materials science, manu-
                                             as follows:                                             including research that prioritizes end-to-            facturing science and engineering, computa-
                                               Strike section 2214 and insert the fol-               end integration of mining and recycling                tional modeling, and environmental health
                                             lowing:                                                 techniques and the end-use target for critical         and safety research and development; and
                                             SEC. 2214. CRITICAL MINERALS MINING AND RE-             minerals;                                                 (H) report to the appropriate committees
                                                         CYCLING RESEARCH.                             (ii) efficient use and reuse of critical min-        of Congress on activities and findings under
                                               (a) CRITICAL MINERALS MINING AND RECY-                erals, including recycling technologies for            this subsection.
                                             CLING RESEARCH AND DEVELOPMENT AT THE                   critical minerals and the reclamation of crit-            (4) MANDATORY RESPONSIBILITIES.—In car-
                                             FOUNDATION.—                                            ical minerals from components such as spent            rying out paragraphs (1) and (2), the Sub-
                                               (1) IN GENERAL.—In order to support supply            batteries;                                             committee shall, taking into account the
                                             chain resiliency, the Director shall issue                (iii) addressing the technology transitions          findings and recommendations of the rel-
                                             awards, on a competitive basis, to institu-             between research or lab-scale mining and re-           evant advisory committees, identify and
                                             tions of higher education, nonprofit organi-            cycling and commercialization of these tech-           evaluate Federal policies and regulations
                                             zations, or National Laboratories (or con-              nologies;                                              that restrict the mining of critical minerals.
                                             sortia of such institutions or organizations,             (iv) the critical minerals workforce of the             (c) GRANT PROGRAM FOR DEVELOPMENT OF
                                             including consortia that collaborate with               United States; and                                     CRITICAL MINERALS AND METALS .—
                                             private industry) to support basic research               (v) United States private industry invest-              (1) ESTABLISHMENT.—The Secretary of
                                             that will accelerate innovation to advance              ments in innovation and technology transfer            Commerce, in consultation with the Direc-
                                             critical minerals mining, recycling, and rec-           from federally funded science and tech-                tor, the Secretary of the Interior, and the
                                             lamation strategies and technologies for the            nology;                                                heads of other relevant Federal agencies,
                                             purpose of making better use of domestic re-              (B) to identify emerging opportunities,              shall establish a grant program to finance
                                             sources and eliminating national reliance on            stimulate international cooperation, and fos-          pilot projects for the development of critical
                                             minerals and mineral materials that are sub-            ter the development of secure and reliable             minerals and metals mining and recycling in
                                             ject to supply disruptions.                             supply chains of critical minerals, including          the United States.
                                               (2) USE OF FUNDS.—Activities funded by an             activities related to the reuse of critical               (2) LIMITATION ON GRANT AWARDS.—A grant
                                             award under this section may include—                   minerals via recycling;                                awarded under paragraph (1) may not exceed
                                               (A) advancing mining research and devel-                (C) to ensure the transparency of informa-           $10,000,000.
                                             opment activities to develop new mapping                tion and data related to critical minerals;               (3) ECONOMIC VIABILITY.—In awarding
                                             and mining technologies and techniques, in-             and                                                    grants under paragraph (1), the Secretary of
                                             cluding advanced critical mineral extraction              (D) to provide recommendations on coordi-            Commerce shall give priority to projects
                                             and production, to improve existing or to de-           nation and collaboration among the re-                 that the Secretary of Commerce determines
                                             velop new supply chains of critical minerals,           search, development, and deployment pro-               are likely to be economically viable over the
                                             and to yield more efficient, economical, and            grams and activities of Federal agencies to            long term.
                                             environmentally benign mining practices;                promote a secure and reliable supply of crit-             (4) SECONDARY RECOVERY.—In awarding
                                               (B) advancing critical mineral processing             ical minerals necessary to maintain national           grants under paragraph (1), the Secretary of
                                             research activities to improve separation,              security, economic well-being, and industrial          Commerce shall seek to award not less than
                                             alloying, manufacturing, or recycling tech-             production.                                            30 percent of the total amount of grants
                                             niques and technologies that can decrease                 (3) RESPONSIBILITIES.—In carrying out                awarded during the fiscal year for projects
                                             the energy intensity, waste, potential envi-            paragraphs (1) and (2), the Subcommittee               relating to secondary recovery of critical
                                             ronmental impact, and costs of those activi-            may, taking into account the findings and              minerals and metals.
                                             ties;                                                   recommendations of relevant advisory com-                 (5) AUTHORIZATION OF APPROPRIATIONS.—
                                               (C) advancing research and development of             mittees—                                               There is authorized to be appropriated to the
                                             critical minerals mining and recycling tech-              (A) provide recommendations on how Fed-              Secretary of Commerce $100,000,000 for each
                                             nologies that take into account the potential           eral agencies may improve the topographic,             of fiscal years 2021 through 2024 to carry out




dlhill on DSK120RN23PROD with SENATE
                                             end-uses and disposal of critical minerals, in          geologic, and geophysical mapping of the               the grant program established under para-
                                             order to improve end-to-end integration of              United       States    and     improve      the        graph (1).
                                             mining and technological applications;                  discoverability, accessibility, and usability             (d) DEFINITIONS.—In this section:
                                               (D) conducting long-term earth observa-               of the resulting and existing data, to the ex-            (1) CRITICAL MINERAL; CRITICAL MINERAL OR
                                             tion of reclaimed mine sites, including the             tent permitted by law and subject to appro-            METAL.—The terms ‘‘critical mineral’’ and
                                             study of the evolution of microbial diversity           priate limitation for purposes of privacy and          ‘‘critical mineral or metal’’ include any host
                                             at such sites;                                          security;                                              mineral of a critical mineral (within the




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3529
                                             meaning of those terms in section 7002 of the           who choose to specialize and focus on tech-               ‘‘(2) NODE.—The term ‘node’ means a group
                                             Energy Act of 2020 (30 U.S.C. 1606).                    nical skill sets rather than pursue leadership         of persons, or a team, organized under the di-
                                                (2) END-TO-END.—The term ‘‘end-to-end’’,             positions are not required to move outside             rection of a node leader to provide digital
                                             with respect to the integration of mining or            their specialties or into management posi-             service to not less than 1 Executive agency
                                             life cycle of minerals, means the integrated            tions to continue to promote.’’.                       pursuant to an agreement between the Direc-
                                             approach of, or the lifecycle determined by,                                                                   tor and the Executive agency.
                                             examining the research and developmental                  SA 2069. Mr. WICKER submitted an                        ‘‘(3) NODE LEADER.—The term ‘node leader’
                                             process from the mining of the raw minerals             amendment intended to be proposed to                   means a full-time employee who—
                                             to its processing into useful materials, its in-        amendment SA 1502 proposed by Mr.                         ‘‘(A) is selected under this chapter to lead
                                             tegration into components and devices, the              SCHUMER to the bill S. 1260, to establish              not less than 1 node; and
                                             utilization of such devices in the end-use ap-                                                                    ‘‘(B) reports to the Director or the designee
                                                                                                     a new Directorate for Technology and
                                             plication to satisfy certain performance                                                                       of the Director.
                                             metrics, and the recycling or disposal of such          Innovation in the National Science                        ‘‘(4) NODE MEMBER.—The term ‘node mem-
                                             devices.                                                Foundation, to establish a regional                    ber’ means a special Government employee,
                                                (3) RECYCLING.—The term ‘‘recycling’’                technology hub program, to require a                   as that term is defined in section 202 of title
                                             means the process of collecting and proc-               strategy and report on economic secu-                  18, who is selected under this division to
                                             essing spent materials and devices and turn-            rity, science, research, innovation,                   work not fewer than 38 days per fiscal year
                                             ing them into raw materials or components               manufacturing, and job creation, to es-                and report to a node leader in furtherance of
                                             that can be reused either partially or com-             tablish a critical supply chain resil-                 the mission of a node.
                                             pletely.                                                                                                       ‘‘§ 10303. Organization
                                                                                                     iency program, and for other purposes;
                                                (4) SECONDARY RECOVERY.—The term ‘‘sec-
                                             ondary recovery’’ means the recovery of crit-           which was ordered to lie on the table;                    ‘‘(a) NODES AND NODE LEADERS.—The Na-
                                             ical minerals and metals from discarded end-            as follows:                                            tional Reserve Digital Corps shall be orga-
                                             use products or from waste products pro-                  On page 415, strike lines 13 through 18 and          nized into nodes, each of which shall be
                                             duced during the metal refining and manu-               insert the following:                                  under the supervision of a node leader.
                                             facturing process, including from mine waste              (2) by striking the period; and                         ‘‘(b) ADMINISTRATIVE SUPPORT.—The Na-
                                             piles, acid mine drainage sludge, or byprod-              (3) by adding at the end the following:              tional Reserve Digital Corps shall receive
                                             ucts produced through legacy mining and                   ‘‘(ii) whole cooked king crab and tanner             funding and administrative support from the
                                             metallurgy activities.                                  crab and cooked king crab and tanner crab              Director, who shall be responsible for select-
                                                                                                     sections; and                                          ing node leaders, establishing standards, en-
                                               SA 2068. Mr. BENNET submitted an                        ‘‘(iii) processed (within the meaning of sec-        suring that nodes meet Executive agency cli-
                                             amendment intended to be proposed by                    tion 60.119 of title 7, Code of Federal Regula-        ent requirements, maintaining security
                                                                                                     tions (or any successor regulations)) shrimp,          clearances, establishing access to an agile
                                             him to the bill S. 1260, to establish a
                                                                                                     unless such product is covered by the United           development environment and appropriate
                                             new Directorate for Technology and In-                                                                         tools, and facilitating appropriate technical
                                             novation in the National Science Foun-                  States-Mexico-Canada Agreement.’’.
                                                                                                                                                            exchange meetings.
                                             dation, to establish a regional tech-                                                                             ‘‘(c) APPOINTMENT AUTHORITY.—
                                                                                                       SA 2070. Mr. BENNET submitted an
                                             nology hub program, to require a strat-                                                                           ‘‘(1) DIRECT APPOINTMENT AUTHORITY OF
                                                                                                     amendment intended to be proposed by
                                             egy and report on economic security,                                                                           NODE MEMBERS.—
                                                                                                     him to the bill S. 1260, to establish a                   ‘‘(A) IN GENERAL.—The Director, on the
                                             science, research, innovation, manufac-
                                                                                                     new Directorate for Technology and In-                 recommendation of a node leader, may ap-
                                             turing, and job creation, to establish a
                                             critical supply chain resiliency pro-                   novation in the National Science Foun-                 point, without regard to the provisions of
                                             gram, and for other purposes; which                     dation, to establish a regional tech-                  subchapter I of chapter 33 (other than sec-
                                             was ordered to lie on the table; as fol-                nology hub program, to require a strat-                tions 3303 and 3328 of such chapter), a quali-
                                                                                                     egy and report on economic security,                   fied candidate to a position in the competi-
                                             lows:                                                                                                          tive service in the Office of Management and
                                               At the appropriate place, insert the fol-
                                                                                                     science, research, innovation, manufac-
                                                                                                                                                            Budget to serve as a node member.
                                             lowing:                                                 turing, and job creation, to establish a
                                                                                                                                                               ‘‘(B) RULE OF CONSTRUCTION.—Nothing in
                                             SEC. lll. FEDERAL PERSONNEL ISSUES.                     critical supply chain resiliency pro-                  subparagraph (A) may be construed to pre-
                                               (a) NEW OCCUPATIONAL SERIES FOR DIGITAL               gram, and for other purposes; which                    clude the Director from appointing addi-
                                             CAREER FIELDS.—Not later than 270 days                  was ordered to lie on the table; as fol-               tional employees, including full-time em-
                                             after the date of enactment of this Act, the            lows:                                                  ployees for the purposes described in that
                                             Office of Personnel Management shall, under               At the appropriate place, insert the fol-            subparagraph.
                                             section 5105 of title 5, United States Code, es-        lowing:                                                   ‘‘(2) TERM AND TEMPORARY APPOINTMENTS
                                             tablish—                                                                                                       OF NODE MEMBERS.—The Director, on the rec-
                                                                                                     SEC. lll. ESTABLISHMENT OF NATIONAL RE-
                                               (1) not less than 1 new occupational series,                     SERVE DIGITAL CORPS.                        ommendation of a node leader, may make a
                                             and associated policies, covering positions in                                                                 noncompetitive temporary appointment or
                                                                                                       (a) IN GENERAL.—Subpart I of part III of
                                             the fields of software development, software                                                                   term appointment, for a period of not more
                                                                                                     title 5, United States Code, is amended by
                                             engineering, and knowledge management;                                                                         than 18 months, of a qualified candidate to
                                                                                                     adding at the end the following:
                                             and                                                                                                            serve as a node member in a position in the
                                               (2) a new occupational series, and associ-                 ‘‘CHAPTER 103—NATIONAL RESERVE
                                                                                                                                                            competitive service for which a critical hir-
                                             ated policies, covering positions in the field                          DIGITAL CORPS
                                                                                                                                                            ing need exists, as determined under section
                                             of artificial intelligence.                             ‘‘Sec.                                                 3304, without regard to sections 3327 and 3330.
                                               (b) MILITARY CAREER FIELDS FOR SOFTWARE               ‘‘10301. Establishment.
                                             DEVELOPMENT, DATA SCIENCE, AND ARTIFICIAL               ‘‘10302. Definitions.                                  ‘‘§ 10304. Work on behalf of Executive agen-
                                             INTELLIGENCE.—Section 230 of the National               ‘‘10303. Organization.                                    cies
                                             Defense Authorization Act for Fiscal Year               ‘‘10304. Work on behalf of Executive agencies.            ‘‘(a) PURPOSE.—Each node shall undertake
                                             2020 (Public Law 116–92) is amended by add-             ‘‘10305. Digital Corps Scholarship Program.            projects to assist Executive agencies by—
                                             ing the following new subsection:                       ‘‘10306. Duration of pilot program.                       ‘‘(1) providing digital education and train-
                                               ‘‘(d) MILITARY CAREER FIELDS.—                        ‘‘§ 10301. Establishment                               ing;
                                               ‘‘(1) IN GENERAL.—Not later than 270 days                                                                       ‘‘(2) performing data triage and providing
                                                                                                        ‘‘ For the purposes of attracting, recruit-
                                             after the date of the enactment of this sub-                                                                   acquisition assistance;
                                                                                                     ing, and training a corps of world-class dig-
                                             section, the Chief of Staff of the Army, the                                                                      ‘‘(3) helping to guide digital projects and
                                                                                                     ital talent to serve the national interest and
                                             Chief of Naval Operations, the Chief of Staff                                                                  frame technical solutions;
                                                                                                     enable the Federal Government to become a
                                             of the Air Force, and the Commandant of the                                                                       ‘‘(4) helping to build bridges between pub-
                                                                                                     digitally proficient enterprise, there is es-
                                             Marine Corps (in this subsection collectively                                                                  lic needs and private sector capabilities; and
                                                                                                     tablished within the Office of Management
                                             referred to as the ‘Service Chiefs’) shall each                                                                   ‘‘(5) performing related tasks.
                                                                                                     and Budget a pilot program for a civilian Na-
                                             establish new military career fields for soft-                                                                    ‘‘(b) AUTHORITIES.—A node may undertake
                                                                                                     tional Reserve Digital Corps, the members of
                                             ware development, data science, and artifi-                                                                    a project—
                                                                                                     whom shall serve as special Government em-
                                             cial intelligence that are open to commis-                                                                        ‘‘(1) on behalf of an Executive agency—
                                                                                                     ployees, working not fewer than 30 days per
                                             sioned officers, enlisted personnel, and, as                                                                      ‘‘(A) by direct agreement between the Di-
                                                                                                     year as short-term advisors, instructors, or




dlhill on DSK120RN23PROD with SENATE
                                             appropriate, warrant officers.                                                                                 rector and the Executive agency; or
                                                                                                     developers in the Federal Government.
                                               ‘‘(2) TECHNICAL CAREER PATHS.—The Serv-                                                                         ‘‘(B) at the direction of the Director at the
                                             ice Chiefs shall use the authorities provided           ‘‘§ 10302. Definitions                                 request of the Executive agency; or
                                             in section 605 of title 10, United States Code,            ‘‘In this chapter:                                     ‘‘(2) to address a digital service need en-
                                             and subchapter VI of chapter 36 of such title              ‘‘(1) DIRECTOR.—The term ‘Director’ means           compassing more than 1 Executive agency—
                                             to ensure that military personnel in the ca-            the Director of the Office of Management                  ‘‘(A) at the direction of the Director; or
                                             reer fields established under paragraph (1)             and Budget.                                               ‘‘(B) on the initiative of a node leader.




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                                             S3530                                             CONGRESSIONAL RECORD — SENATE                                                            May 26, 2021
                                             ‘‘§ 10305. Digital Corps Scholarship Program               ‘‘CHAPTER 103—NATIONAL RESERVE                      groups, composed of senior designees of the
                                                ‘‘(a) IN GENERAL.—The Director shall es-                             DIGITAL CORPS’’.                       Council members and of other officials, as
                                             tablish a National Reserve Digital Corps                  (c) AUTHORIZATION OF APPROPRIATIONS.—                the Chairperson deems necessary or appro-
                                             scholarship program to provide full scholar-            There are authorized to be appropriated to             priate for the efficient conduct of Council
                                             ships to competitively selected students who            the Director of the Office of Management               functions; and
                                             commit to study specific disciplines relating           and Budget $16,000,000, to remain available              ‘‘(3) shall report to the President on the ac-
                                             to national security digital technology.                through fiscal year 2023, to carry out chapter         tivities and recommendations of the Council
                                                ‘‘(b) SERVICE OBLIGATION.—Each student,              103 of title 5, United States Code, as added by        and shall advise the Council as appropriate
                                             before commencing the program established               this section.                                          regarding the President’s directions with re-
                                             under subsection (a), shall sign an agreement                                 ---                              spect to the Council’s activities and national
                                             with respect to the student’s commitment to               SA 2071. Mr. BENNET (for himself                     technology policy generally.
                                             the United States, which shall provide that                                                                      ‘‘(b) ADMINISTRATION.—
                                             the student agree to the following:
                                                                                                     and Mr. SASSE) submitted an amend-
                                                                                                                                                              ‘‘(1) STAFF.—The Council may hire a staff,
                                                ‘‘(1) A commitment to serve as an intern at          ment intended to be proposed to
                                                                                                                                                            which shall be headed by the Assistant to the
                                             an Executive agency for not less than 6                 amendment SA 1502 proposed by Mr.                      President for Technology Competitiveness.
                                             weeks during each of the summers before the             SCHUMER to the bill S. 1260, to establish                ‘‘(2) SUPPORT.—
                                             junior and senior years of the undergraduate            a new Directorate for Technology and                     ‘‘(A) SUPPORT FROM OFFICE OF ADMINISTRA-
                                             studies of the student.                                 Innovation in the National Science                     TION.—The Office of Administration in the
                                                ‘‘(2) A commitment to serve in the Na-               Foundation, to establish a regional                    Executive Office of the President shall pro-
                                             tional Reserve Digital Corps for 6 years after          technology hub program, to require a                   vide the Council with such personnel, fund-
                                             graduation.                                                                                                    ing, and administrative support, as directed
                                                ‘‘(c) PROGRAM ELEMENTS.—In establishing              strategy and report on economic secu-
                                                                                                                                                            by the Chair or, upon the Chair’s direction,
                                             the program under subsection (a), the Direc-            rity, science, research, innovation,
                                                                                                                                                            the Assistant to the President for Tech-
                                             tor shall determine the following:                      manufacturing, and job creation, to es-                nology Competitiveness, subject to the avail-
                                                ‘‘(1) Eligibility standards for program par-         tablish a critical supply chain resil-                 ability of appropriations.
                                             ticipation.                                             iency program, and for other purposes;                   ‘‘(B) SUPPORT FROM OTHER AGENCIES.—Sub-
                                                ‘‘(2) Criteria for establishing the dollar           which was ordered to lie on the table;                 ject to the availability of appropriations,
                                             amount of a scholarship, including tuition,                                                                    members of the Council who are heads of
                                                                                                     as follows:
                                             room, and board.                                                                                               Federal agencies shall make resources, in-
                                                ‘‘(3) Repayment requirements for students              At the appropriate place, insert the fol-
                                                                                                     lowing:                                                cluding personnel and office support, avail-
                                             who fail to complete their service obligation.                                                                 able to the Council as reasonably requested
                                                ‘‘(4) An approach to ensuring that qualified         SEC.   ll.    TECHNOLOGY        COMPETITIVENESS
                                                                                                                  COUNCIL.                                  by the Chairperson or, upon the Chair-
                                             graduates of the program are promptly hired                                                                    person’s direction, the Assistant to the
                                             and assigned to node leaders.                             The Science and Technology Policy, Orga-
                                                                                                     nization, and Priorities Act of 1976 (42 U.S.C.        President for Technology Competitiveness.
                                                ‘‘(5) Resources required for the implemen-                                                                    ‘‘(3) INFORMATION AND ASSISTANCE.—The
                                             tation of the program.                                  6601 et seq.) is amended by adding at the end
                                                                                                     the following:                                         heads of Federal agencies shall provide to
                                                ‘‘(d) CONTINUING EDUCATION.—The Director                                                                    the Council such information and assistance
                                             shall establish a training and continuing                         ‘‘TITLE VII—TECHNOLOGY                       as the Chairperson may request to carry out
                                             education program to fund educational op-                       COMPETITIVENESS COUNCIL                        the functions described in section 704.
                                             portunities for members of the National Dig-            ‘‘SEC. 701. ESTABLISHMENT OF COUNCIL.                    ‘‘(4) COORDINATION WITH NATIONAL SECURITY
                                             ital Reserve Corps, including conferences,
                                                                                                       ‘‘The President shall establish within the           COUNCIL.—The Council shall coordinate with
                                             seminars, degree and certificate granting
                                                                                                     Executive Office of the President a Tech-              the National Security Council on technology
                                             programs, and other training opportunities
                                                                                                     nology Competitiveness Council (in this                policy and strategy matters relating pri-
                                             that are expected to increase the digital
                                                                                                     title, referred to as the ‘Council’).                  marily to national security to ensure that
                                             competencies of the participants.
                                                ‘‘(e) IMPLEMENTATION.—In carrying out this           ‘‘SEC. 702. MEMBERSHIP OF COUNCIL.                     the activities of the Council are carried out
                                             chapter, the Director shall have the fol-                  ‘‘(a) IN GENERAL.—The Council shall be              in a manner that is consistent with the re-
                                             lowing responsibilities:                                composed of the following members:                     sponsibilities and authorities of the National
                                                ‘‘(1) Establishing the administrative sup-             ‘‘(1) The Vice President.                            Security Council.
                                             port function and issuing guidance for the                ‘‘(2) The Secretary of State.                        ‘‘SEC. 704. FUNCTIONS OF COUNCIL.
                                             National Reserve Digital Corps, which shall               ‘‘(3) The Secretary of the Treasury.                   ‘‘The Council shall be responsible for the
                                             include the identification of points of con-              ‘‘(4) The Secretary of Defense.                      following:
                                             tact for node leaders at Executive agencies.              ‘‘(5) The Attorney General.                            ‘‘(1) Developing recommendations for the
                                                ‘‘(2) Not later than 1 year after the date of          ‘‘(6) The Secretary of Commerce.                     President on United States technology com-
                                             the enactment of this chapter, appointing                 ‘‘(7) The Secretary of Energy.                       petitiveness and technology-related issues,
                                             not fewer than 5 node leaders under the Na-               ‘‘(8) The Secretary of Homeland Security.            advising and assisting the President in devel-
                                             tional Reserve Digital Corps program and                  ‘‘(9) The Director of the Office of Manage-          opment and implementation of national
                                             authorizing those node leaders to begin re-             ment and Budget.                                       technology policy and strategy, and per-
                                             cruiting reservists and undertaking projects              ‘‘(10) The Assistant to the President for            forming such other duties as the President
                                             for Executive agencies.                                 Technology Competitiveness.                            may prescribe.
                                                ‘‘(3) Beginning 2 years after the date of en-          ‘‘(11) The Assistant to the President for              ‘‘(2) Developing and overseeing the imple-
                                             actment of this chapter, reporting annually             National Security Affairs.                             mentation of a National Technology Strat-
                                             to Congress on the progress of the National               ‘‘(12) The Assistant to the President for            egy required by section 705.
                                             Reserve Digital Corps, each of which shall              Science and Technology.                                  ‘‘(3) Serving as a forum for balancing na-
                                             address, at a minimum, the following meas-                ‘‘(13) The Assistant to the President for            tional security, economic, and technology
                                             ures of success:                                        Economic Policy.                                       considerations of United States departments
                                                ‘‘(A) The number of technologists who par-             ‘‘(14) The Assistant to the President for            and agencies as they pertain to technology
                                             ticipate in the National Reserve Digital                Domestic Policy.                                       research, development, commercial inter-
                                             Corps.                                                    ‘‘(15) The United States Trade Representa-           ests, and national security applications.
                                                ‘‘(B) Identification of the Executive agen-          tive.                                                    ‘‘(4) Coordinating policies across Federal
                                             cies that submitted work requests, the na-                ‘‘(16) The Chairman of the Joint Chiefs of           departments and agencies relating to United
                                             ture of the work requests, which work re-               Staff.                                                 States competitiveness in critical and
                                             quests were assigned a node, and which work               ‘‘(17) The heads of such other executive de-         emerging technologies and ensuring that
                                             requests were completed or remain in                    partments and agencies and other senior offi-          policies designed to promote United States
                                             progress.                                               cials within the Executive Office of the               leadership and protect existing competitive
                                                ‘‘(C) Evaluations of results of National Re-         President as the Chairperson of the Council            advantages are integrated and mutually re-
                                             serve Digital Corps projects by Executive               considers appropriate.                                 inforcing.
                                             agencies.                                                 ‘‘(b) CHAIRPERSON.—The Chairperson of the              ‘‘(5) Synchronizing budgets and strategies,
                                                ‘‘(D) Evaluations of results of National Re-         Council shall be the Vice President.                   in consultation with the Director of the Of-
                                             serve Digital Corps projects by reservists.             ‘‘SEC. 703. OPERATION OF COUNCIL.                      fice of Management and Budget, in accord-
                                             ‘‘§ 10306. Duration of pilot program                       ‘‘(a) RESPONSIBILITIES OF CHAIR.—The                ance with the National Technology Strategy




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                                                ‘‘The pilot program under this chapter               Chairperson of the Council—                            required by section 705.
                                             shall terminate not earlier than 6 years after            ‘‘(1) shall convene and preside over meet-           ‘‘SEC. 705. NATIONAL TECHNOLOGY STRATEGY.
                                             the date of enactment of this chapter.’’.               ings of the Council and shall determine the               ‘‘(a) IN GENERAL.—Each year, the President
                                                (b) TECHNICAL AND CONFORMING AMEND-                  agenda for the Council;                                shall submit to Congress a comprehensive re-
                                             MENT.—The table of chapters for subpart I of              ‘‘(2) may authorize the establishment of             port on the technology strategy of the
                                             part III of title 5, United States Code, is             such committees of the Council, including an           United States designed to maintain United
                                             amended by adding at the end the following:             executive committee, and of such working               States leadership in critical and emerging




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                        S3531
                                             technologies essential to United States na-             rights, privacy, fairness, nondiscrimination,             ‘‘(1) COVERED UNMANNED AIRCRAFT SYS-
                                             tional security and economic prosperity.                transparency, the rule of law, and account-             TEM.—The term ‘covered unmanned aircraft
                                               ‘‘(b) ELEMENTS.—Each National Tech-                   ability;                                                system’ means an unmanned aircraft system
                                             nology Strategy developed and submitted                   (B) study the consequences for such values            that was manufactured or assembled in
                                             under subsection (a) shall contain at least             of federally funded research and development            China.
                                             the following elements:                                 in the key technology focus areas; and                    ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible
                                               ‘‘(1) An assessment of the efforts of the               (C) assess the ethical, social, and legal im-         entity’ means—
                                             United States Government to preserve                    plications of such research and development.              ‘‘(A) a State or local government that
                                             United States leadership in key emerging                  In title V of division B, at the end add the          owns or operates critical infrastructure;
                                             technologies and prevent United States stra-            following:                                                ‘‘(B) a State or local public safety agency;
                                             tegic competitors from leveraging advanced              SEC. 25ll. EMERGING TECHNOLOGY LEADS.                   and
                                             technologies to gain strategic military or                (a) DEFINITIONS.—In this section:                       ‘‘(C) a State department of transportation.
                                             economic advantages over the United States.               (1) COVERED INDIVIDUAL.—The term ‘‘cov-                 ‘‘(3) PUBLIC SAFETY AGENCY.—The term
                                               ‘‘(2) A review of existing United States              ered individual’’ means—                                ‘public safety agency’ has the meaning given
                                             Government technology policy, including                    (A) an individual serving in a Senior Exec-          the term in section 3006 of the Digital Tele-
                                             long-range goals.                                       utive Service position, as that term is de-             vision Transition and Public Safety Act of
                                               ‘‘(3) An analysis of technology trends and            fined in section 3132(a) of title 5, United             2005 (47 U.S.C. 309 note).
                                             assessment of the relative competitiveness              States Code;                                              ‘‘(4) UNITED STATES ALLY.—The term
                                             of United States technology sectors in rela-               (B) an individual who—                               ‘United States ally’ means a—
                                             tion to strategic competitors.                             (i) is serving in a position to which section          ‘‘(A) North Atlantic Treaty Organization
                                               ‘‘(4) Identification of sectors critical for          5376 of title 5, United States Code, applies;           (NATO) ally; and
                                             the long-term resilience of United States in-           and                                                       ‘‘(B) country designated by the President
                                             novation leadership across design, manufac-                (ii) has a significant amount of seniority           as a major non-NATO ally pursuant to sec-
                                             turing, supply chains, and markets.                     and experience, as determined by the head of            tion 517 of the Foreign Assistance Act of 1961
                                               ‘‘(5) Recommendations for domestic policy             the applicable covered Federal agency; or               (22 U.S.C. 2321k).
                                             incentives to sustain an innovation economy                (C) another individual who is the equiva-              ‘‘(5) UNMANNED AIRCRAFT SYSTEM.—The
                                             and develop specific, high-cost sectors nec-            lent of an individual described in subpara-             term ‘unmanned aircraft system’ has the
                                             essary for long-term national security ends.            graph (A) or (B), as determined by the head             meaning given the term in section 44801, of
                                               ‘‘(6) Recommendations for policies to pro-            of the applicable covered Federal agency.               title 49, United States Code.
                                             tect United States and leadership of allies of             (2) COVERED FEDERAL AGENCY.—The term                   ‘‘(b) REIMBURSEMENT AUTHORIZATION.—
                                             the United States in critical areas through             ‘‘covered Federal agency’’ means—                         ‘‘(1) IN GENERAL.—The Secretary, acting
                                             targeted export controls, investment screen-               (A) an agency listed in section 901(b) of            through the Administrator, may award
                                             ing, and counterintelligence activities.                title 31, United States Code; or                        grants to eligible entities to replace covered
                                               ‘‘(7) Identification of priority domestic re-            (B) an element of the intelligence commu-            unmanned aircraft systems in accordance
                                             search and development areas critical to na-            nity, as defined in section 3 of the National           with paragraph (2).
                                             tional security and necessary to sustain                Security Act of 1947 (50 U.S.C. 3003).                    ‘‘(2) USE OF FUNDS.—A grant awarded under
                                             United States leadership, and directing fund-              (b) APPOINTMENT OR DESIGNATION.—Each                 paragraph (1) may be used by an eligible en-
                                             ing to fill gaps in basic and applied research          covered Federal agency that is also substan-            tity to purchase an unmanned aircraft sys-
                                             where the private sector does not focus.                tially engaged in the development, applica-             tem manufactured or assembled by a com-
                                               ‘‘(8) Recommendations for talent programs             tion, or oversight of emerging technologies             pany domiciled in the United States or a
                                             to grow United States talent in key critical            shall consider appointing or designating a              United States ally to replace a covered un-
                                             and emerging technologies and enhance the               covered individual as an emerging tech-                 manned aircraft system owned by the eligi-
                                             ability of the Federal Government to recruit            nology lead to advise the agency on the re-             ble entity.
                                             and retain individuals with critical skills             sponsible use of emerging technologies, in-               ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
                                             into Federal service.                                   cluding artificial intelligence, provide exper-           ‘‘(1) IN GENERAL.—There are authorized to
                                               ‘‘(9) Methods to foster the development of            tise on responsible policies and practices,             be appropriated to the Secretary of Home-
                                             international partnerships to reinforce do-             collaborate with interagency coordinating               land Security $20,000,000 for fiscal year 2022
                                             mestic policy actions, build new markets,               bodies, and provide input for procurement               to carry out this section.
                                             engage in collaborative research, and create            policies.                                                 ‘‘(2) SPECIFICATION.—Of the amounts au-
                                             an international environment that reflects                 (c) INFORMING CONGRESS.—Not later than               thorized to be appropriated under paragraph
                                             United States values and protects United                180 days after the date of the enactment of             (1)—
                                             States interests.                                       this Act, the President shall inform Congress             ‘‘(A) $10,000,000 is authorized for eligible re-
                                               ‘‘(10) A technology annex, which may be               of each covered Federal agency in which a
                                                                                                                                                             cipients located in jurisdictions that receive
                                                                                                     covered individual has been appointed or des-
                                             classified, to establish an integrated and en-                                                                  funding under section 2003; and
                                                                                                     ignated as an emerging technology lead
                                             during approach to the identification,                                                                            ‘‘(B) $10,000,000 is authorized for eligible re-
                                                                                                     under subsection (b) and provide Congress
                                             prioritization, development, and fielding of                                                                    cipients located in jurisdictions that receive
                                                                                                     with a description of the authorities and re-
                                             emerging technologies.                                                                                          funding under section 2004.’’.
                                                                                                     sponsibilities of the covered individuals so
                                               ‘‘(11) Such other information as may be                                                                         (b) TECHNICAL AND CONFORMING AMEND-
                                                                                                     appointed.
                                             necessary to help inform Congress on mat-                                                                       MENTS.—
                                             ters relating to the technology strategy of               SA 2073. Mr. TILLIS (for himself and                    (1) Section 2002(a) of the Homeland Secu-
                                             the United States.’’.                                                                                           rity Act of 2002 (6 U.S.C. 603(a)) is amended
                                                                                                     Ms. HASSAN) submitted an amendment
                                                                                                                                                             by striking ‘‘and 2009’’ and inserting ‘‘2009,
                                               SA 2072. Mr. BENNET (for himself                      intended to be proposed to amendment                    and 2010’’.
                                             and Mr. SASSE) submitted an amend-                      SA 1502 proposed by Mr. SCHUMER to                        (2) The table of contents in section 1(b) of
                                             ment intended to be proposed to                         the bill S. 1260, to establish a new Di-                the Homeland Security Act of 2002 (Public
                                             amendment SA 1502 proposed by Mr.                       rectorate for Technology and Innova-                    Law 107–296; 116 Stat. 2135) is amended by in-
                                             SCHUMER to the bill S. 1260, to establish               tion in the National Science Founda-                    serting after the item relating to section 2009
                                             a new Directorate for Technology and                    tion, to establish a regional technology                the following:
                                             Innovation in the National Science                      hub program, to require a strategy and                  ‘‘Sec. 2010. Replacement of certain un-
                                                                                                     report on economic security, science,                                  manned aircraft systems.’’.
                                             Foundation, to establish a regional
                                             technology hub program, to require a                    research, innovation, manufacturing,
                                                                                                     and job creation, to establish a critical                 SA 2074. Mrs. BLACKBURN sub-
                                             strategy and report on economic secu-                                                                           mitted an amendment intended to be
                                             rity, science, research, innovation,                    supply chain resiliency program, and
                                                                                                     for other purposes; which was ordered                   proposed to amendment SA 1502 pro-
                                             manufacturing, and job creation, to es-                                                                         posed by Mr. SCHUMER to the bill S.
                                             tablish a critical supply chain resil-                  to lie on the table; as follows:
                                                                                                                                                             1260, to establish a new Directorate for
                                             iency program, and for other purposes;                    At the appropriate place, insert the fol-
                                                                                                     lowing:                                                 Technology and Innovation in the Na-
                                             which was ordered to lie on the table;                                                                          tional Science Foundation, to establish
                                                                                                     SEC. ll. REIMBURSEMENT FOR REPLACEMENT
                                             as follows:                                                        OF CERTAIN UNMANNED AIRCRAFT                 a regional technology hub program, to
                                               In section 2102(c), at the end add the fol-                      SYSTEMS.                                     require a strategy and report on eco-




dlhill on DSK120RN23PROD with SENATE
                                             lowing:                                                   (a) AMENDMENT.—Subtitle A of title XX of              nomic security, science, research, inno-
                                               (10) shall, consistent with the mission and           the Homeland Security Act of 2002 (6 U.S.C.             vation, manufacturing, and job cre-
                                             operations of the Foundation and to the ex-             603 et seq.) is amended by adding at the end
                                             tent possible, where appropriate—
                                                                                                                                                             ation, to establish a critical supply
                                                                                                     the following:
                                               (A) advance federally funded research and             ‘‘SEC.   2010.  REPLACEMENT OF CERTAIN            UN-
                                                                                                                                                             chain resiliency program, and for other
                                             development that is consistent with demo-                              MANNED AIRCRAFT SYSTEMS.                 purposes; which was ordered to lie on
                                             cratic values, such as civil liberties and civil             ‘‘(a) DEFINITIONS.—In this section:                the table; as follows:



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                                             S3532                                             CONGRESSIONAL RECORD — SENATE                                                            May 26, 2021
                                               Beginning on page 341, strike line 24 and               ‘‘(D) a high school;                                 of the individual after completion of the pro-
                                             all that follows through page 342, line 19, and           ‘‘(E) a local educational agency or State            gram.
                                             insert the following:                                   educational agency;                                      ‘‘(12) SPONSOR.—The term ‘sponsor’ means
                                               (1) PROCEEDING.—Not later than 45 days                  ‘‘(F) a Tribal educational agency, Tribally          any person, association, committee, or orga-
                                             after the date of enactment of this division,           controlled college or university, or Tribally          nization operating an apprenticeship pro-
                                             the Secretary of Commerce shall commence                controlled postsecondary career and tech-              gram and in whose name the program is, or
                                             a process to make a determination for pur-              nical institution;                                     is to be, registered or approved.
                                             poses of section 2 of the Secure and Trusted              ‘‘(G) a postsecondary educational institu-             ‘‘(13) STATE APPRENTICESHIP AGENCY.—The
                                             Communications Networks Act of 2019 (47                 tion;                                                  term ‘State apprenticeship agency’ has the
                                             U.S.C. 1601) whether future transactions in-              ‘‘(H) a minority-serving institution;                meaning given the term in section 29.2 of
                                             volving optical transmission equipment                    ‘‘(I) a provider of adult education and lit-         title 29, Code of Federal Regulations, or any
                                             manufactured, produced, or distributed by an            eracy activities under the Adult Education             corresponding similar regulation or ruling.
                                             entity owned, controlled, or supported by the           and Family Literacy Act (29 U.S.C. 3271 et               ‘‘(14) STATE WORKFORCE DEVELOPMENT
                                             People’s Republic of China would pose an un-            seq.);                                                 BOARD.—The term ‘State workforce develop-
                                             acceptable risk to the national security of               ‘‘(J) a local agency administering plans             ment board’ has the meaning given the term
                                             the United States or the security and safety            under title I of the Rehabilitation Act of 1973        ‘State board’ in section 3 of the Workforce
                                             of United States persons.                               (29 U.S.C. 720 et seq.), other than section 112        Innovation and Opportunity Act (29 U.S.C.
                                               (2) COMMUNICATION OF DETERMINATION.—If                or part C of that title (29 U.S.C. 732, 741);          3102).
                                             the Secretary determines pursuant to para-                ‘‘(K) a related instruction provider, includ-
                                                                                                                                                              ‘‘(15) WIOA TERMS.—The terms ‘career
                                             graph (1) that future transactions involving            ing a qualified intermediary acting as a re-
                                                                                                                                                            planning’, ‘community-based organization’,
                                             such optical transmission equipment would               lated instruction provider as approved by a
                                                                                                                                                            ‘economic development agency’, ‘industry or
                                             pose an unacceptable risk consistent with               registration agency;
                                                                                                                                                            sector partnership’, ‘on-the-job training’,
                                             that paragraph, the Secretary shall imme-                 ‘‘(L) a Job Corps center, as defined in sec-
                                                                                                                                                            ‘recognized postsecondary credential’, and
                                             diately transmit that determination to the              tion 142 of the Workforce Innovation and Op-
                                                                                                     portunity Act (29 U.S.C. 3192); or                     ‘workplace learning advisor’ have the mean-
                                             Federal Communications Commission con-                                                                         ings given those terms in section 3 of the
                                             sistent with section 2 of the Secure and                  ‘‘(M) a consortium of entities described in
                                                                                                     any of subparagraphs (A) through (L).                  Workforce Innovation and Opportunity Act
                                             Trusted Communications Networks Act of                                                                         (29 U.S.C. 3102).
                                             2019 (47 U.S.C. 1601).                                    ‘‘(5) ELIGIBLE ENTITY.—
                                                                                                       ‘‘(A) IN GENERAL.—The term ‘eligible enti-             ‘‘(16) QUALIFIED INTERMEDIARY.—
                                                                   ---                                                                                        ‘‘(A) IN GENERAL.—The term ‘qualified
                                               SA 2075. Ms. HASSAN (for herself and                  ty’ means—
                                                                                                       ‘‘(i) a program sponsor;                             intermediary’ means an entity that dem-
                                             Mr. CORNYN) submitted an amendment                        ‘‘(ii) a State workforce development board           onstrates expertise in building, connecting,
                                             intended to be proposed to amendment                    or State workforce agency, or a local work-            sustaining, and measuring the performance
                                             SA 1502 proposed by Mr. SCHUMER to                      force development board or local workforce             of partnerships described in subparagraph (B)
                                             the bill S. 1260, to establish a new Di-                development agency;                                    and serves program participants and employ-
                                             rectorate for Technology and Innova-                      ‘‘(iii) an education and training provider;          ers by—
                                             tion in the National Science Founda-                      ‘‘(iv) if the applicant is in a State with a           ‘‘(i) connecting employers to programs
                                                                                                     State apprenticeship agency, such State ap-            under the national apprenticeship system;
                                             tion, to establish a regional technology
                                                                                                     prenticeship agency;                                     ‘‘(ii) assisting in the design and implemen-
                                             hub program, to require a strategy and                    ‘‘(v) an Indian Tribe or Tribal organiza-            tation of such programs, including cur-
                                             report on economic security, science,                   tion;                                                  riculum development and delivery for re-
                                             research, innovation, manufacturing,                      ‘‘(vi) an industry or sector partnership, a          lated instruction;
                                             and job creation, to establish a critical               group of employers, a trade association, or a            ‘‘(iii) supporting entities, sponsors, or pro-
                                             supply chain resiliency program, and                    professional association that sponsors or              gram administrators in meeting the registra-
                                             for other purposes; which was ordered                   participates in a program under the national           tion and reporting requirements of this Act;
                                             to lie on the table; as follows:                        apprenticeship system;                                   ‘‘(iv) providing professional development
                                                                                                       ‘‘(vii) a Governor of a State;                       activities such as training to mentors;
                                               At the appropriate place, insert the fol-               ‘‘(viii) a labor organization or joint labor-          ‘‘(v) supporting the recruitment, retention,
                                             lowing:                                                 management organization; or                            and completion of potential program partici-
                                             SEC. ll. CYBERSECURITY AND INFRASTRUC-                    ‘‘(ix) a qualified intermediary.                     pants, including nontraditional apprentice-
                                                         TURE SECURITY APPRENTICESHIP
                                                                                                       ‘‘(B) SPONSOR REQUIREMENT.—Not fewer                 ship populations and individuals with bar-
                                                         PROGRAM.
                                                                                                     than 1 entity described in subparagraph (A)            riers to employment;
                                               (a) IN GENERAL.—Subtitle A of title XXII of           shall be the sponsor of a program under the              ‘‘(vi) developing and providing personalized
                                             the Homeland Security Act (6 U.S.C. 651 et              national apprenticeship system.                        program participant supports, including by
                                             seq.) is amended by adding at the end the fol-            ‘‘(6) INSTITUTION OF HIGHER EDUCATION.—              partnering with organizations to provide ac-
                                             lowing:                                                 The term ‘institution of higher education’             cess to or referrals for supportive services
                                             ‘‘SEC. 2218. APPRENTICESHIP PROGRAM.                    has the meaning given the term in section              and financial advising;
                                                ‘‘(a) DEFINITIONS.—In this section:                  101 of the Higher Education Act of 1965 (20              ‘‘(vii) providing services, resources, and
                                                ‘‘(1) AREA CAREER AND TECHNICAL EDU-                 U.S.C. 1001).                                          supports for development, delivery, expan-
                                             CATION SCHOOL.—The term ‘area career and                  ‘‘(7) LOCAL EDUCATIONAL AGENCY; SEC-                 sion, or improvement of programs under the
                                             technical education school’ has the meaning             ONDARY SCHOOL.—The terms ‘local edu-                   national apprenticeship system; or
                                             given the term in section 3 of the Carl D.              cational agency’ and ‘secondary school’ have             ‘‘(viii) serving as a program sponsor.
                                             Perkins Career and Technical Education Act              the meanings given those terms in section                ‘‘(B) PARTNERSHIPS.—The term ‘partner-
                                             of 2006 (20 U.S.C. 2302).                               8101 of the Elementary and Secondary Edu-              ships described in subparagraph (B)’ means
                                               ‘‘(2) COMMUNITY COLLEGE.—The term ‘com-               cation Act of 1965 (20 U.S.C. 7801).                   partnerships among entities involved in, or
                                             munity college’ means a public institution of             ‘‘(8)    LOCAL    WORKFORCE     DEVELOPMENT          applying to participate in, programs under
                                             higher education at which the highest degree            BOARD.—The term ‘local workforce develop-              the national apprenticeship system, includ-
                                             that is predominantly awarded to students is            ment board’ has the meaning given the term             ing—
                                             an associate’s degree, including—                       ‘local board’ in section 3 of the Workforce In-          ‘‘(i) industry or sector partnerships;
                                               ‘‘(A) a 2-year Tribal College or and Univer-          novation and Opportunity Act (29 U.S.C.                  ‘‘(ii) partnerships among employers, joint
                                             sity, as defined in section 316 of the Higher           3102).                                                 labor-management organizations, labor orga-
                                             Education Act of 1965 (20 U.S.C. 1059c); and              ‘‘(9) NONPROFIT ORGANIZATION.—The term               nizations, community-based organizations,
                                               ‘‘(B) a public 2-year State institution of            ‘nonprofit organization’ means an organiza-            industry associations, State or local work-
                                             higher education.                                       tion that is described in section 501(c) of the        force development boards, education and
                                               ‘‘(3) CYBERSECURITY WORK ROLES.—The                   Internal Revenue Code of 1986 and exempt               training providers, social service organiza-
                                             term ‘cybersecurity work roles’ means the               from taxation under section 501(a) of such             tions, economic development organizations,
                                             work roles outlined in the National Initia-             Code.                                                  Indian Tribes or Tribal organizations, one-
                                             tive for Cybersecurity Education Cybersecu-               ‘‘(10) PROVIDER OF ADULT EDUCATION.—The              stop operators, one-stop partners, or vet-
                                             rity Workforce Framework (NIST Special                  term ‘provider of adult education’ has the             erans service organizations in the State
                                             Publication 800–181), or any successor frame-           meaning given the term ‘eligible provider’ in          workforce development system; or
                                             work.                                                   section 203 of the Adult Education and Fam-              ‘‘(iii) partnerships among 1 or more of the




dlhill on DSK120RN23PROD with SENATE
                                               ‘‘(4) EDUCATION AND TRAINING PROVIDER.—               ily Literacy Act (29 U.S.C. 3272).                     entities described in clauses (i) and (ii).
                                             The term ‘education and training provider’                ‘‘(11) RELATED INSTRUCTION.—The term ‘re-
                                             means—                                                  lated instruction’ means an organized and                ‘‘(b) ESTABLISHMENT OF APPRENTICESHIP
                                               ‘‘(A) an area career and technical edu-               systematic form of instruction designed to             PROGRAMS.—Not later than 2 years after the
                                             cation school;                                          provide an individual in an apprenticeship             date of enactment of this section, the Direc-
                                               ‘‘(B) an early college high school;                   program with the knowledge of the technical            tor may establish 1 or more apprenticeship
                                               ‘‘(C) an educational service agency;                  subjects related to the intended occupation            programs as described in subsection (c).




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3533
                                               ‘‘(c)    APPRENTICESHIP      PROGRAMS     DE-         a State apprenticeship agency before the                 (i) has value locally and nationally in labor
                                             SCRIBED.—An apprenticeship program de-                  date on which the eligible entity applies for          markets, educational systems, or other con-
                                             scribed in this subsection is an apprentice-            the grant under subsection (g);                        texts;
                                             ship program that—                                        ‘‘(3) works with the Secretary of Defense,             (ii) is defined publicly in such a way that
                                               ‘‘(1) leads directly to employment in—                the Secretary of Veterans Affairs, or vet-             allows educators, employers, and other indi-
                                               ‘‘(A) a cybersecurity work role with the              erans organizations to transition members of           viduals and entities to understand and verify
                                             Agency; or                                              the Armed Forces and veterans to appren-               the full set of skills represented by the cre-
                                               ‘‘(B) a position with a company or other              ticeship programs in a relevant sector; or             dential; and
                                             entity provided that the position is—                     ‘‘(4) plans to use the grant to carry out the          (iii) enables a holder of the credential to
                                               ‘‘(i) certified by the Director as contrib-           apprenticeship program with an entity that             move vertically and horizontally within and
                                             uting to the national cybersecurity of the              receives State funding or is operated by a             across training and education systems for
                                             United States; and                                      State agency.                                          the attainment of other credentials.
                                               ‘‘(ii) funded at least in majority part                 ‘‘(h) TECHNICAL ASSISTANCE.—The Director               (3) VETERAN.—The term ‘‘veteran’’ has the
                                             through a contract, grant, or cooperative               shall provide technical assistance to eligible         meaning given the term in section 101 of
                                             agreement with the Agency;                              entities to leverage the existing job training         title 31, United States Code.
                                               ‘‘(2) is focused on competencies and related          and education programs of the Agency and                 (4) WORK-BASED LEARNING.—The term
                                             learning necessary, as determined by the Di-            other relevant programs at appropriate Fed-            ‘‘work-based learning’’ has the meaning
                                             rector, to meet the immediate and ongoing               eral agencies.                                         given the term in section 3 of the Carl D.
                                             needs of cybersecurity work roles at the                  ‘‘(i) EXCEPTED SERVICE.—Participants in              Perkins Career and Technical Education Act
                                             Agency; and                                             the program may be entered into cybersecu-             of 2006 (20 U.S.C. 2302).
                                               ‘‘(3) is registered with and approved by the          rity-specific excepted service positions as de-          (b) ESTABLISHMENT.—Not later than 1 year
                                             Office of Apprenticeship of the Department              termined appropriate by the Director and au-           after the date of enactment of this Act, the
                                             of Labor or a State apprenticeship agency               thorized by section 2208.                              Secretary of Veterans Affairs shall establish
                                             pursuant to the Act of August 16, 1937 (com-              ‘‘(j) REPORT.—                                       a pilot program under which the Secretary
                                             monly known as the ‘National Apprentice-                  ‘‘(1) IN GENERAL.—Not less than once every           shall provide cyber-specific training for eli-
                                             ship Act’; 29 U.S.C. 50 et seq.).                       2 years after the establishment of an appren-          gible individuals.
                                               ‘‘(d) COORDINATION.—In the development of             ticeship program under this section, the Di-             (c) ELEMENTS.—The pilot program estab-
                                             an apprenticeships program under this sec-              rector shall submit to Congress a report on            lished under subsection (b) shall incor-
                                             tion, the Director shall consult with the Sec-          the program, including—                                porate—
                                             retary of Labor, the Director of the National             ‘‘(A) a description of—                                (1) virtual platforms for coursework and
                                             Institute of Standards and Technology, the                ‘‘(i) any activity carried out by the Agency         training;
                                             Secretary of Defense, the Director of the Na-           under this section;                                      (2) hands-on skills labs and assessments;
                                             tional Science Foundation, and the Director               ‘‘(ii) any entity that enters into a contract          (3) Federal work-based learning opportuni-
                                             of the Office of Personnel Management to le-            or agreement with or receives a grant from             ties and programs; and
                                             verage existing resources, research, commu-             the Agency under subsection (e);                         (4) the provision of portable credentials to
                                             nities of practice, and frameworks for devel-             ‘‘(iii) any activity carried out using a con-        eligible individuals who graduate from the
                                             oping cybersecurity apprenticeship pro-                 tract, agreement, or grant under this section          pilot program.
                                             grams.                                                  as described in subsection (e); and                      (d) ALIGNMENT WITH NICE WORKFORCE
                                               ‘‘(e) OPTIONAL USE OF GRANTS OR COOPERA-                                                                     FRAMEWORK FOR CYBERSECURITY.—The pilot
                                                                                                       ‘‘(iv) best practices used to leverage the in-
                                             TIVE AGREEMENTS.—An apprenticeship pro-
                                                                                                     vestment of the Federal Government under               program established under subsection (b)
                                             gram under this section may include enter-                                                                     shall align with the taxonomy, including
                                             ing into a contract or cooperative agreement            this section; and
                                                                                                       ‘‘(B) an assessment of the results achieved          work roles and associated tasks, knowledge,
                                             with or making a grant to an eligible entity                                                                   and skills, from the National Initiative for
                                             if determined appropriate by the Director               by the program, including the rate of contin-
                                                                                                     ued employment at the Agency for partici-              Cybersecurity Education Workforce Frame-
                                             based on the eligible entity—
                                                                                                     pants after completing an apprenticeship               work for Cybersecurity (NIST Special Publi-
                                               ‘‘(1) demonstrating experience in imple-
                                                                                                     program carried out under this section.                cation 800–181), or any successor framework.
                                             menting and providing career planning and                                                                        (e) COORDINATION.—
                                             career pathways toward apprenticeship pro-                ‘‘(k) PERFORMANCE REPORTS.—Not later
                                                                                                     than 1 year after the establishment of an ap-            (1) TRAINING, PLATFORMS, AND FRAME-
                                             grams;                                                                                                         WORKS.—In developing the pilot program
                                               ‘‘(2) having knowledge of cybersecurity               prenticeship program under this section, and
                                                                                                     annually thereafter, the Director shall sub-           under subsection (b), the Secretary of Vet-
                                             workforce development;                                                                                         erans Affairs shall coordinate with the Sec-
                                               ‘‘(3) being eligible to enter into a contract         mit to Congress and the Secretary of Labor
                                                                                                     a report on the effectiveness of the program           retary of Defense, the Secretary of Homeland
                                             or cooperative agreement with or receive                                                                       Security, the Secretary of Labor, and the Di-
                                             grant funds from the Agency as described in             based on the accountability measures de-
                                                                                                     scribed in clauses (i) and (ii) of section             rector of the Office of Personnel Manage-
                                             this section;
                                                                                                     116(b)(2)(A) of the Workforce Innovation and           ment to evaluate and, where possible, lever-
                                               ‘‘(4) providing students who complete the
                                                                                                     Opportunity Act (29 U.S.C. 3141(b)(2)(A)).             age existing training, platforms, and frame-
                                             apprenticeship program with a recognized
                                                                                                       ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—              works of the Federal Government for pro-
                                             postsecondary credential;
                                                                                                     There is authorized to be appropriated to the          viding cyber education and training to pre-
                                               ‘‘(5) using related instruction that is spe-
                                                                                                     Agency such sums as necessary to carry out             vent duplication of efforts.
                                             cifically aligned with the needs of the Agen-
                                                                                                     this section.’’.                                         (2) FEDERAL WORK-BASED LEARNING OPPOR-
                                             cy and utilizes workplace learning advisors
                                                                                                       (b) TECHNICAL AND CONFORMING AMEND-                  TUNITIES AND PROGRAMS.—In developing the
                                             and on-the-job training to the greatest ex-
                                                                                                     MENT.—The table of contents in section 1(b)            Federal work-based learning opportunities
                                             tent possible; and
                                                                                                     of the Homeland Security Act of 2002 (Public           and programs required under subsection
                                               ‘‘(6) demonstrating successful outcomes
                                             connecting graduates of the apprenticeship              Law 107–296; 116 Stat. 2135) is amended by in-         (c)(3), the Secretary of Veterans Affairs shall
                                             program to careers relevant to the program.             serting after the item relating to section 2217        coordinate with the Secretary of Defense,
                                               ‘‘(f) APPLICATIONS.—If the Director enters            the following:                                         the Secretary of Homeland Security, the
                                             into an arrangement as described in sub-                ‘‘Sec. 2218. Apprenticeship program.’’.                Secretary of Labor, the Director of the Office
                                             section (e), an eligible entity seeking a con-          SEC. ll. PILOT PROGRAM ON CYBER TRAINING               of Personnel Management, and the heads of
                                             tract, cooperative agreement, or grant under                        FOR VETERANS AND MEMBERS OF                other appropriate Federal agencies to iden-
                                             the program shall submit to the Director an                         THE        ARMED         FORCES            tify or create interagency opportunities that
                                             application at such time, in such manner,                           TRANSITIONING TO CIVILIAN LIFE.            will enable the pilot program established
                                             and containing such information as the Di-                (a) DEFINITIONS.—In this section:                    under subsection (b) to—
                                             rector may require.                                       (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi-             (A) bridge the gap between knowledge ac-
                                               ‘‘(g) PRIORITY.—In selecting eligible enti-           ble individual’’ means an individual who is—           quisition and skills application for partici-
                                             ties to receive a contract, grant, or coopera-             (A) a member of the Armed Forces                    pants; and
                                             tive agreement under this section, the Direc-           transitioning from service in the Armed                  (B) give participants the experience nec-
                                             tor may prioritize an eligible entity that—             Forces to civilian life; or                            essary to pursue Federal employment.
                                               ‘‘(1) is a member of an industry or sector               (B) a veteran.                                        (f) RESOURCES.—
                                             partnership;                                               (2) PORTABLE CREDENTIAL.—The term                     (1) IN GENERAL.—In any case in which the
                                               ‘‘(2) provides related instruction for an ap-         ‘‘portable credential’’—                               pilot program established under subsection
                                             prenticeship program through—                              (A) means a documented award by a re-               (b)—




dlhill on DSK120RN23PROD with SENATE
                                               ‘‘(A) a local educational agency, a sec-              sponsible and authorized entity that has de-             (A) uses a program of the Department of
                                             ondary school, a provider of adult education,           termined that an individual has achieved               Veterans Affairs or platforms and frame-
                                             an area career and technical education                  specific learning outcomes relative to a               works described in subsection (e)(1), the Sec-
                                             school, or an institution of higher education;          given standard; and                                    retary of Veterans Affairs shall take such ac-
                                             or                                                         (B) includes a degree, diploma, license, cer-       tions as may be necessary to ensure that
                                               ‘‘(B) an apprenticeship program that was              tificate, badge, and professional or industry          those programs, platforms, and frameworks
                                             registered with the Department of Labor or              certification that—                                    are expanded and resourced to accommodate




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                                             S3534                                             CONGRESSIONAL RECORD — SENATE                                                             May 26, 2021
                                             usage by eligible individuals participating in          COVID–19 pandemic response that could ad-                  (B) a subject area relating to the United
                                             the pilot program; or                                   dress future public health emergencies of               States’ ability to compete in an open, fair,
                                               (B) does not use a program of the Depart-             international concern;                                  and competitive international market and
                                             ment of Veterans Affairs or platforms and                 (3) an assessment of engagements with the             achieve economic growth; or
                                             frameworks described in subsection (e)(1),              People’s Republic of China regarding COVID–                (C) a subject area that is in need of ex-
                                             the Secretary of Veterans Affairs shall take            19, both bilaterally and through inter-                 panded and strengthened academic pipelines
                                             such actions as may be necessary to develop             national institutions; and                              to ensure a diverse workforce.
                                             or procure programs, platforms, and frame-                (4) how the lessons learned from the assess-             (2) DIRECTOR.—The term ‘‘Director’’ means
                                             works necessary to carry out the require-               ment described in paragraph (3) could be ap-            the Director of the National Science Founda-
                                             ments of subsection (c) and accommodate                 plied to future scenarios to address public             tion.
                                             the usage by eligible individuals partici-              health emergencies of international concern.               (3) FEDERAL SCIENCE AGENCY.—The term
                                             pating in the pilot program.                              (c) ANNUAL REPORT ON THE WORLD HEALTH                 ‘‘Federal science agency’’ has the meaning
                                               (2) ACTIONS.—Actions described in para-               ASSEMBLY.—Not later than 180 days after the             given the term in section 103(f) of the Amer-
                                             graph (1) may include providing additional              closing session of each annual WHA, the Sec-            ica COMPETES Reauthorization Act of 2010
                                             funding, staff, or other resources to—                  retary of Health and Human Services, in co-             (42 U.S.C. 6623(f)).
                                               (A) provide administrative support for                ordination with the Director of National In-               (4) INSTITUTION OF HIGHER EDUCATION.—The
                                             basic functions of the pilot program;                   telligence, the Secretary of State, and the             term ‘‘institution of higher education’’
                                               (B) ensure the success and ongoing engage-            heads of other relevant executive depart-               means an institution of higher education de-
                                             ment of eligible individuals participating in           ments, shall submit a report to the appro-              scribed in section 101 of the Higher Edu-
                                             the pilot program;                                      priate committees of Congress that de-                  cation Act of 1965 (20 U.S.C. 1001).
                                               (C) connect graduates of the pilot program            scribes—                                                   (5) MINORITY.—The term ‘‘minority’’ has
                                             to job opportunities within the Federal Gov-              (1) the strategy of the United States Gov-            the meaning given the term in section 356(2)
                                             ernment; and                                            ernment for addressing national security and            of the Higher Education Act of 1965 (20 U.S.C.
                                               (D) allocate dedicated positions for term             public health risks related to COVID–19 and             1067k(2)).
                                             employment to enable Federal work-based                 emerging infectious diseases through diplo-                (6) MINORITY-SERVING INSTITUTION.—The
                                             learning opportunities and programs for par-            matic engagements;                                      term       ‘‘minority-serving       institution’’
                                             ticipants to gain the experience necessary to             (2) the actions taken by the United States            means—
                                             pursue permanent Federal employment.                    Government during such annual WHA; and                     (A) a part B institution (as defined in sec-
                                                                                                       (3) how the results of such actions advance           tion 322 of the Higher Education Act of 1965
                                               SA 2076. Ms. HASSAN submitted an                      the goals of the United States Government.              (20 U.S.C. 1061));
                                                                                                       (d) FORM.—The report required under sub-                 (B) a Hispanic-serving institution (as de-
                                             amendment intended to be proposed to                                                                            fined in section 502 of that Act (20 U.S.C.
                                             amendment SA 1835 submitted by Ms.                      section (c) shall be submitted in unclassified
                                                                                                     form, but may include a classified annex.               1101a));
                                             HASSAN and intended to be proposed to                                                                              (C) a Tribal College or University (as de-
                                             the amendment SA 1502 proposed by                         SA 2077. Mr. BROWN submitted an                       fined in section 316 of that Act (20 U.S.C.
                                             Mr. SCHUMER to the bill S. 1260, to es-                 amendment intended to be proposed to                    1059c));
                                             tablish a new Directorate for Tech-                                                                                (D) an Alaska Native-serving institution
                                                                                                     amendment SA 1502 proposed by Mr.                       (as defined in section 317(b) of that Act (20
                                             nology and Innovation in the National                   SCHUMER to the bill S. 1260, to establish               U.S.C. 1059d(b)));
                                             Science Foundation, to establish a re-                  a new Directorate for Technology and                       (E) a Native Hawaiian-serving institution
                                             gional technology hub program, to re-                   Innovation in the National Science                      (as defined in section 317(b) of that Act (20
                                             quire a strategy and report on eco-                     Foundation, to establish a regional                     U.S.C. 1059d(b)));
                                             nomic security, science, research, inno-                technology hub program, to require a                       (F) a Predominantly Black Institution (as
                                             vation, manufacturing, and job cre-                     strategy and report on economic secu-                   defined in section 318 of that Act (20 U.S.C.
                                             ation, to establish a critical supply                                                                           1059e));
                                                                                                     rity, science, research, innovation,
                                             chain resiliency program, and for other                                                                            (G) an Asian American and Native Amer-
                                                                                                     manufacturing, and job creation, to es-                 ican Pacific Islander-serving institution (as
                                             purposes; which was ordered to lie on                   tablish a critical supply chain resil-                  defined in section 320(b) of that Act (20
                                             the table; as follows:                                  iency program, and for other purposes;                  U.S.C. 1059g(b))); or
                                               In lieu of the matter proposed to be added,           which was ordered to lie on the table;                     (H) a Native American-serving, nontribal
                                             add the following:                                      as follows:                                             institution (as defined in section 319 of that
                                             SECTION 3219L. ACTION PLAN AND REPORT ON                     Strike section 3138.                               Act (20 U.S.C. 1059f)).
                                                        OUTCOMES OF THE WORLD HEALTH                                                                            (7) STEM.—The term ‘‘STEM’’ means
                                                        ASSEMBLY.                                                                                            science, technology, engineering, and mathe-
                                                                                                       SA 2078. Mr. BROWN submitted an
                                               (a) DEFINITIONS.—In this section:                                                                             matics, including computer science.
                                               (1) APPROPRIATE COMMITTEES OF CON-
                                                                                                     amendment intended to be proposed to
                                                                                                                                                                (8) UNDERREPRESENTED FIELD.—The term
                                             GRESS.—The term ‘‘appropriate committees                amendment SA 1502 proposed by Mr.                       ‘‘underrepresented field’’ means a field in
                                             of Congress’’ means—                                    SCHUMER to the bill S. 1260, to establish               STEM in which the national rate of rep-
                                               (A) the Committee on Foreign Relations of             a new Directorate for Technology and                    resentation of women among tenured, ten-
                                             the Senate;                                             Innovation in the National Science                      ure-track faculty, or nonfaculty researchers
                                               (B) the Select Committee on Intelligence              Foundation, to establish a regional                     at doctorate-granting institutions of higher
                                             of the Senate;                                          technology hub program, to require a                    education is less than 25 percent, according
                                               (C) the Committee on Health, Education,               strategy and report on economic secu-                   to the most recent data available from the
                                             Labor, and Pensions of the Senate;                                                                              National Center for Science and Engineering
                                               (D) the Committee on Foreign Affairs of
                                                                                                     rity, science, research, innovation,
                                                                                                                                                             Statistics.
                                             the House of Representatives;                           manufacturing, and job creation, to es-                    (9) UNDERREPRESENTED IN SCIENCE AND EN-
                                               (E) the Permanent Select Committee on                 tablish a critical supply chain resil-                  GINEERING.—The term ‘‘underrepresented in
                                             Intelligence of the House of Representatives;           iency program, and for other purposes;                  science and engineering’’ means a minority
                                               (F) the Committee on Energy and Com-                  which was ordered to lie on the table;                  group whose number of scientists and engi-
                                             merce of the House of Representatives.                  as follows:                                             neers, per 10,000 population of that group, is
                                               (2) WHA.—The term ‘‘WHA’’ means the                     At the end of division F, insert the fol-             substantially below the comparable figure
                                             World Health Assembly.                                  lowing:                                                 for scientists and engineers who are white
                                               (b) REPORT ON OFFICE OF GLOBAL AFFAIRS                                                                        and not of Hispanic origin, as determined by
                                             ACTIVITIES FOLLOWING COVID–19 PANDEMIC.—                   TITLE ll—STEM RESEARCH GAINS
                                                                                                                                                             the Secretary of Education under section
                                             Not later than 1 year after the date of enact-          SEC. ll01. SHORT TITLE.
                                                                                                                                                             637.4(b) of title 34, Code of Federal Regula-
                                             ment of this Act, the Secretary of Health                 This title may be cited as the ‘‘Strength-            tions, or similar successor regulations.
                                             and Human Services, shall provide to the ap-            ening the STEM Research Workforce to Gen-
                                                                                                                                                              Subtitle A—Expanding Pipeline Programs to
                                             propriate committees of Congress a report               erate American Infrastructure for National
                                                                                                                                                                          Research Opportunities
                                             that includes—                                          Security Act of 2021’’ or the ‘‘STEM Re-
                                                                                                                                                             SEC.  ll11. RESEARCH AND DEVELOPMENT
                                               (1) a summary of planned interagency and              search GAINS Act of 2021’’.
                                                                                                                                                                        AREAS CRITICAL TO NATIONAL SE-
                                             global health efforts that the Office of Glob-          SEC. ll02. DEFINITIONS.                                            CURITY.




dlhill on DSK120RN23PROD with SENATE
                                             al Affairs intends to take in its work with               In this title:                                          (a) COVERED FIELDS.—The National Secu-
                                             international institutions, including the                 (1) COVERED FIELD.—The term ‘‘covered                 rity Council shall conduct a study to iden-
                                             World Health Organization and its member                field’’ means a field in science, technology,           tify areas for research and development that
                                             states, in response to lessons learned during           engineering, or mathematics research or de-             are covered fields.
                                             the COVID–19 pandemic;                                  velopment that is determined to be—                       (b) UPDATE.—Not less than once every 5
                                               (2) a description of the actions taken by               (A) a subject area relating to the national           years, the National Security Council shall
                                             the Office of Global Affairs as part of the             security of the United States;                          reassess the covered fields.




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3535
                                             SEC. ll12. INCREASING INVESTMENT IN UNDER-              fully earn graduate and professional opportu-            (3) the types of institutions of higher edu-
                                                         GRADUATE SCIENCE PIPELINES.                 nities from programs supported by the Fed-             cation that are awarded grants to develop a
                                               (a) IN GENERAL.—There are authorized to               eral science agencies;                                 diverse STEM workforce, disaggregated by
                                             be appropriated to the National Science                   (5) an analysis of the best ways to share            undergraduate population, public or private
                                             Foundation $750,000,000 for fiscal year 2022            best practices for institutions of higher edu-         institution, and type of minority-serving in-
                                             and for each of the following 4 years, which            cation and Federal science agencies inter-             stitutions.
                                             shall be used, in amounts determined by the             ested in supporting individuals from groups              (b) REPORTS.—The Director shall prepare
                                             Director, for the following programs:                   that are underrepresented in science and en-           and submit to Congress, and make publicly
                                               (1) The Historically Black Colleges and               gineering; and                                         available, annual reports that show trends in
                                             Universities Undergraduate Program.                       (6) an analysis of how the Federal science           how research fellowships and scholarships
                                               (2) The Louis Stokes Alliances for Minor-             agencies can work together to advance goals            supported by the National Science Founda-
                                             ity Participation program.                              related to broadening the participation of in-         tion are awarded to individuals from under-
                                               (3) The Research Experiences for Under-               dividuals from groups that are underrep-               represented groups, institutions of higher
                                             graduates program.                                      resented in science and engineering.                   education, and entities from different geo-
                                               (4) The Tribal Colleges and Universities                (b) REPORT TO CONGRESS.—Not later than 2             graphic areas, in order to better show trends
                                             Program.                                                years after the date of enactment of this              in the participation of underrepresented
                                               (5) The Improving Undergraduates STEM                 Act, and every 5 years thereafter, the Fed-            groups in such research fellowships and
                                             Education: Hispanic-Serving Institutions                eral Coordination in STEM Education Sub-               scholarships.
                                             Program.                                                committee (FC-STEM) of the Committee on                    Subtitle C—Strengthening the National
                                               (6) Other programs to broaden participa-              Science, Technology, Engineering, and                           Security Research Workforce
                                             tion, as determined by the Director.                    Mathematics Education (CoSTEM) of the                  SEC. ll31. EARLY CAREER FACULTY SUPPORTS.
                                               (b) SUPPLEMENT NOT SUPPLANT.—The                      National Science and Technology Council                  (a) RISING FACULTY PROFESSIONAL AD-
                                             amounts authorized under subsection (a)                 shall report to Congress on the implementa-            VANCEMENT PROGRAM.—
                                             shall supplement, and not supplant, any                 tion by Federal science agencies of the pol-             (1) ESTABLISHMENT OF PILOT PROGRAM.—Not
                                             other amounts authorized for the National               icy guidelines developed under this section.           later than 1 year after the date of enactment
                                             Science Foundation for the programs de-                                                                        of this Act, the Director shall select an orga-
                                                                                                     SEC. ll15. RESEARCH PROGRAM CLEARING-
                                             scribed in such subsection.                                       HOUSE AND TECHNICAL ASSIST-                  nization to establish a 5-year pilot
                                             SEC. ll14. BOLSTERING STEM PIPELINES STRA-                        ANCE CENTER.                                 mentorship program to be known as ‘‘Rising
                                                        TEGIC PLAN.                                                                                         Faculty Professional Advancement Pro-
                                                                                                       (a) OPPORTUNITIES CLEARINGHOUSE.—The
                                               (a) BROADENING PARTICIPATION STRATEGIC                Federal Coordination in STEM Education                 gram’’ (referred to in this section as the
                                             PLAN.—Not later than 1 year after the date              Subcommittee (FC-STEM) of the Committee                ‘‘program’’) in order to increase the diversity
                                             of enactment of this Act, the Federal Coordi-           on Science, Technology, Engineering, and               of faculty in STEM fields.
                                             nation in STEM Education Subcommittee                   Mathematics Education (CoSTEM)of the Na-                  (2) PURPOSE.—The purpose of the Rising
                                             (FC-STEM) of the Committee on Science,                  tional Science and Technology Council shall            Faculty Professional Advancement Program
                                             Technology, Engineering, and Mathematics                                                                       shall be—
                                                                                                     establish and maintain a public clearing-
                                             Education (CoSTEM) of the National Science                                                                        (A) to increase the number of doctoral-
                                                                                                     house (including by maintaining a publicly
                                             and Technology Council shall submit to Con-                                                                    level professionals from underrepresented
                                                                                                     available website) of all research programs
                                             gress a report containing its current stra-                                                                    groups in STEM fields who transition into
                                                                                                     sponsored by Federal science agencies that
                                             tegic plan for Federal science agencies to in-                                                                 faculty positions at institutions of higher
                                                                                                     are available to individuals as undergraduate
                                             crease the capacity of STEM programs car-                                                                      education; and
                                                                                                     and graduate students.
                                             ried out by Federal science agencies that are                                                                     (B) to improve mentorship and training for
                                                                                                       (b) BEST PRACTICES CLEARINGHOUSE.—The
                                             in effect as of the date of the report to in-                                                                  researchers who are navigating the transi-
                                                                                                     Director shall fund the establishment and
                                             crease the participation of individuals who                                                                    tion in the research pipeline to becoming
                                                                                                     maintenance of a clearinghouse that will
                                             are underrepresented in science and engi-                                                                      faculty, which is a time when a significant
                                                                                                     collect, analyze, identify, disseminate, and
                                             neering, women who are underrepresented in                                                                     decrease in diversity often occurs.
                                                                                                     make publicly available information about
                                             STEM fields, and low-income and first-gen-                                                                        (b) PROGRAM PARTICIPANTS.—
                                                                                                     best practices for institutions of higher edu-
                                             eration college students, in order to broaden                                                                     (1) ELIGIBILITY.—An individual shall be eli-
                                                                                                     cation to strengthen the pipeline of individ-
                                             participation in grants and programs carried                                                                   gible to participate in the program if the in-
                                                                                                     uals pursuing careers in covered fields.
                                             out by the Federal science agencies. The re-                                                                   dividual is a doctoral degree holding re-
                                                                                                       (c) TECHNICAL ASSISTANCE.—The Director
                                             port shall include—                                                                                            searcher in a post-doctoral research position
                                                                                                     shall fund the establishment and mainte-
                                               (1) a description of how the grants and pro-                                                                 or early-career faculty (defined as a faculty
                                                                                                     nance of a robust technical assistance center
                                             grams that are carried out by the Federal                                                                      researcher with a title of assistant professor
                                                                                                     that shall work with institutions of higher
                                             science agencies, as of the time of the report,                                                                or other non-tenured equivalent).
                                                                                                     education seeking to implement strategies
                                             are carried out in a manner that advances di-                                                                     (2) PRIORITY.—In selecting applicants to
                                                                                                     to—
                                             verse pipelines in STEM fields, and a descrip-                                                                 participate in the program—
                                                                                                       (1) bolster and diversify the student body
                                             tion of how the Federal science agencies can                                                                      (A) priority shall be given to—
                                                                                                     at the institution that pursue STEM fields;
                                             better advance such diverse pipelines;                                                                            (i) applicants from groups who are under-
                                                                                                     and
                                               (2) an analysis of the data collection that                                                                  represented in science and engineering; or
                                                                                                       (2) support students underrepresented in
                                             would allow for meaningful goal setting and                                                                       (ii) applicants holding degrees from or fac-
                                                                                                     science and engineering who are pursuing re-
                                             transparency relating to the Federal science                                                                   ulty positions at minority-serving institu-
                                                                                                     search-based STEM studies to help those stu-
                                             agencies’ progress in broadening participa-                                                                    tions; and
                                                                                                     dents continue and complete those studies.
                                             tion of individuals from groups that are                                                                          (B) additional consideration may be given
                                                                                                       (d) AUTHORIZATION OF APPROPRIATIONS.—
                                             underrepresented in science and engineering                                                                    to—
                                                                                                     There are authorized to be appropriated—
                                             with respect to those grants and programs;                                                                        (i) applicants holding doctoral degrees
                                                                                                       (1) to carry out subsections (a) and (b),
                                               (3) an analysis of how the Federal science                                                                   from institutions of higher education in the
                                                                                                     $2,000,000 for fiscal year 2022 and for each of
                                             agencies can meet goals related to broad-                                                                      bottom 90 percent of research and develop-
                                                                                                     the 4 succeeding fiscal years; and
                                             ening the participation of individuals from                                                                    ment expenditures, as ranked by the Na-
                                                                                                       (2) to carry out subsection (c), $1,000,000 for
                                             groups that are underrepresented in science                                                                    tional Center for Science and Engineering
                                                                                                     fiscal year 2022 and for each of the 4 suc-
                                             and engineering by—                                                                                            Statistics; and
                                                                                                     ceeding fiscal years.
                                               (A) creating or expanding funding opportu-                                                                      (ii) applicants who are women and who
                                             nities;                                                 Subtitle B—Increasing Funding for Graduate             hold positions from underrepresented fields.
                                               (B) modifying existing research and devel-                                Education                             (c) ACTIVITIES.—
                                             opment programs; and                                    SEC. ll21. STRENGTHENING TRANSPARENCY.                    (1) IN GENERAL.—Not later than 1 year after
                                               (C) establishing coordination between ex-               (a) ASSESSMENTS.—The Director shall con-             the date of enactment of this Act, the orga-
                                             isting programs carried out by the Federal              duct regular assessments of graduate re-               nization shall establish program activities
                                             science agencies;                                       search fellowship programs carried out by              including—
                                               (4) a description of the ways that the Na-            the National Science Foundation and provide               (A) training for Rising Faculty and men-
                                             tional Science Foundation works with mi-                additional publicly available information              tors;
                                             nority-serving institutions to—                         about those programs, including for each                  (B) a program curriculum; and
                                               (A) enable those eligible institutions to             program—                                                  (C) benchmarks for mentor engagement.
                                             compete effectively for grants, contracts, or             (1) the number of applications received,                (2) COLLABORATIVE RESEARCH.—The organi-




dlhill on DSK120RN23PROD with SENATE
                                             cooperative agreements carried out by the               disaggregated by undergraduate and grad-               zation shall encourage program mentors to
                                             National Science Foundation;                            uate institution, race, gender, age, and eligi-        network and enter into collaboration on re-
                                               (B) encourage those eligible institutions to          bility for a Federal Pell Grant;                       search projects with Rising Faculty and
                                             participate in programs carried out by the                (2) the number of applications approved,             other mentors within the program.
                                             Federal science agencies; and                           disaggregated by undergraduate and grad-                  (3) SURVEY.—Following the first year of
                                               (C) encourage students and faculty at the             uate institution, race, gender, age, and eligi-        program enrollment, and on an annual basis
                                             eligible institution to apply for and success-          bility for a Federal Pell Grant; and                   during the program, the organization shall—




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                                             S3536                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                               (A) conduct a survey of Rising Faculty and              (c) DEFINITIONS.—In this section:                    with the policies and procedures developed
                                             mentors to determine best practices and out-              (1) CHINESE PERSON.—The term ‘‘Chinese               pursuant to sections 2304 and 2305, for gov-
                                             comes achieved;                                         person’’ means—                                        ernmental, academic, and private sector re-
                                               (B) collect information about the demo-                 (A) an individual who is a citizen or na-            search, to prevent sensitive research from
                                             graphics of Rising Faculty and mentor par-              tional of the People’s Republic of China; or           being disclosed to adversaries.
                                             ticipants; and                                            (B) an entity organized under the laws of              (c) REPORT.—Not later than 1 year after
                                               (C) conduct additional surveys or other               the People’s Republic of China or otherwise            the date of the enactment of this Act, the
                                             analyses of Rising Faculty who completed                subject to the jurisdiction of the Govern-             Secretary of State, in consultation with the
                                             the program to assess career progression for            ment of the People’s Republic of China.                individuals and entities listed in subsection
                                             not more than 5 years following the comple-               (2) CONTRACT.—The term ‘‘contract’’ means            (a), and allied countries appearing on the list
                                             tion of the program by Rising Faculty.                  any agreement for the acquisition by pur-              created pursuant to subsection (a), shall sub-
                                               (d) ASSESSMENT OF THE PILOT PROGRAM AND               chase, lease, or barter of property or services        mit a report to Congress that identifies the
                                             RECOMMENDATIONS.—Not later than 180 days                by a Chinese person, for the direct benefit or         most promising international research ven-
                                             after the conclusion of the pilot program,              use of either of the parties.                          tures that leverage resources and advance re-
                                             the Director shall provide a report to the ap-            (3) GIFT.—The term ‘‘gift’’ means any gift           search in key technology focus areas.
                                             propriate committees of Congress with re-               of money or property.
                                             spect to the pilot program, which shall in-               (4) INSTITUTION OF HIGHER EDUCATION.—The               SA 2081. Ms. BALDWIN submitted an
                                             clude—                                                  term ‘‘institution of higher education’’               amendment intended to be proposed to
                                               (1) a description and evaluation of the sta-          means any institution, public or private, or,          amendment SA 1502 proposed by Mr.
                                             tus and effectiveness of the program, includ-           if a multicampus institution, any single               SCHUMER to the bill S. 1260, to establish
                                             ing a summary of survey data collected;                 campus of such institution, in any State—              a new Directorate for Technology and
                                               (2) an assessment of the success and utility            (A) that is legally authorized within such           Innovation in the National Science
                                             of the pilot program in meeting the purposes            State to provide a program of education be-            Foundation, to establish a regional
                                             of this section;                                        yond secondary school;                                 technology hub program, to require a
                                               (3) a summary and analysis of the types                 (B) that provides a program for which the
                                             and frequency of activities and policies de-                                                                   strategy and report on economic secu-
                                                                                                     institution awards a bachelor’s degree (or
                                             veloped and carried out under the pilot pro-            provides not less than a 2-year program                rity, science, research, innovation,
                                             gram; and                                               which is acceptable for full credit toward             manufacturing, and job creation, to es-
                                               (4) a recommendation about continuing the             such a degree) or a more advanced degree;              tablish a critical supply chain resil-
                                             program on a pilot or permanent basis.                    (C) that is accredited by a nationally rec-          iency program, and for other purposes;
                                               (e) AUTHORIZATION OF APPROPRIATIONS.—                 ognized accrediting agency or association;             which was ordered to lie on the table;
                                             There is authorized to be appropriated to               and                                                    as follows:
                                             carry out this section, $10,000,000 in each of            (D) to which the Federal Government ex-                In section 2510 of division B, strike sub-
                                             fiscal years 2022 through 2026.                         tends Federal financial assistance (directly           sections (a) through (d) and insert the fol-
                                                                                                     or indirectly through another entity or per-           lowing:
                                               SA 2079. Mr. BROWN submitted an                       son), or that receives support from the ex-              (a) MANDATORY ORIGIN AND LOCATION DIS-
                                             amendment intended to be proposed to                    tension of Federal financial assistance to             CLOSURE FOR PRODUCTS OFFERED FOR SALE ON
                                             amendment SA 1502 proposed by Mr.                       any of the institution’s subunits.                     THE INTERNET.—
                                             SCHUMER to the bill S. 1260, to establish                 (5) MATERIAL NONPUBLIC TECHNICAL INFOR-                (1) IN GENERAL.—
                                             a new Directorate for Technology and                    MATION.—The      term ‘‘material nonpublic               (A) DISCLOSURE.—Subject to subparagraph
                                             Innovation in the National Science                      technical information’’ has the meaning                (C), it shall be unlawful for a product that is
                                                                                                     given that term in section 721(a)(4)(D) of the         required to be marked under a provision of
                                             Foundation, to establish a regional
                                                                                                     Defense Production Act of 1950 (50 U.S.C.              law (or its implementing regulations) de-
                                             technology hub program, to require a                    4565(a)(4)(D)).                                        scribed in subparagraph (B) to be introduced,
                                             strategy and report on economic secu-
                                                                                                                                                            sold, advertised, or offered for sale in com-
                                             rity, science, research, innovation,                      SA 2080. Mr. KING (for himself and                   merce on an internet website unless the
                                             manufacturing, and job creation, to es-                 Mr. LANKFORD) submitted an amend-                      internet website description of the product—
                                             tablish a critical supply chain resil-                  ment intended to be proposed to                          (i) indicates in a conspicuous place the
                                             iency program, and for other purposes;                  amendment SA 1502 proposed by Mr.                      country of origin of the product (or, in the
                                             which was ordered to lie on the table;                  SCHUMER to the bill S. 1260, to establish              case of multi-sourced products, countries of
                                             as follows:                                             a new Directorate for Technology and                   origin), in a manner consistent with the reg-
                                               After section 5212, insert the following:                                                                    ulations prescribed under section 304 of the
                                                                                                     Innovation in the National Science                     Tariff Act of 1930 (19 U.S.C. 1304) and the
                                             SEC. 5213. PROCESS TO SCREEN GIFTS AND CON-             Foundation, to establish a regional
                                                         TRACTS TO INSTITUTIONS OF HIGH-                                                                    country of origin marking regulations ad-
                                                         ER EDUCATION FROM THE PEOPLE’S
                                                                                                     technology hub program, to require a                   ministered by U.S. Customs and Border Pro-
                                                         REPUBLIC OF CHINA.                          strategy and report on economic secu-                  tection; and
                                               (a) IN GENERAL.—Not later than 90 days                rity, science, research, innovation,                     (ii) indicates in a conspicuous place the
                                             after the date of the enactment of this Act,            manufacturing, and job creation, to es-                country in which the seller of the product is
                                             the President shall establish and implement             tablish a critical supply chain resil-                 located (and, if applicable, the country in
                                             a process for the screening of gifts and con-           iency program, and for other purposes;                 which any parent corporation of such seller
                                             tracts described in subsection (b) to institu-                                                                 is located).
                                                                                                     which was ordered to lie on the table;                   (B) PROVISIONS OF LAW DESCRIBED.—The
                                             tions of higher education.
                                               (b) GIFTS AND CONTRACTS DESCRIBED.—A                  as follows:                                            provisions of law described in this subpara-
                                             gift or contract described in this subsection             At the end of title III of division B, add the       graph are the following:
                                             is any gift to an institution of higher edu-            following:                                               (i) Section 32304 of title 49, United States
                                             cation from a Chinese person, or the entry              SEC. 2309. PRIORITIZATION AND PROTECTION OF            Code.
                                             into a contract by such an institution with a                        INTERNATIONAL RESEARCH.                     (ii) Section 2 of the Textile Fiber Products
                                             Chinese person, if—                                       (a) LIST OF ALLIED COUNTRIES.—The Sec-               Identification Act (15 U.S.C. 70b)).
                                               (1)(A) the value of the gift or contract              retary of State, in consultation with the Di-            (iii) Section 2 of the Wool Products Label-
                                             equals or exceeds $1,000,000; or                        rector of the Office of Science and Tech-              ing Act of 1939 (15 U.S.C. 68)).
                                               (B) the institution receives, directly or in-         nology Policy, the National Security Coun-               (iv) Section 2 of the Fur Products Labeling
                                             directly, more than one gift from or enters             cil, the Secretary of Energy, the Director of          Act (15 U.S.C. 69)).
                                             into more than one contract, directly or in-            the National Science Foundation and the                  (v) Subtitle D of the Agricultural Mar-
                                             directly, with the same Chinese person for              heads of other relevant agencies, shall create         keting Act of 1946 (7 U.S.C. 1638 et seq.)).
                                             the same purpose the aggregate value of                 a list of allied countries with which joint              (vi) The Federal Meat Inspection Act (21
                                             which, during the period of 2 consecutive cal-          international research and cooperation                 U.S.C. 601 et seq.)).
                                             endar years, equals or exceeds $1,000,000; and          would advance United States national inter-              (vii) The Poultry Products Inspection Act
                                               (2) the gift or contract—                             ests and advance scientific knowledge in key           (21 U.S.C. 451 et seq.)).
                                               (A) relates to research, development, or              technology focus areas.                                  (viii) Section 304 of the Tariff Act of 1930
                                             production of critical technologies and pro-              (b) ESTABLISHMENT OF SECURITY PROCE-                 (19 U.S.C. 1304).




dlhill on DSK120RN23PROD with SENATE
                                             vides the Chinese person potential access to            DURES.—The Secretary of State, in consulta-              (C) EXCLUSIONS.—
                                             any material nonpublic technical informa-               tion with the individuals and entities listed            (i) IN GENERAL.—In the case of a product
                                             tion in the possession of the institution; or           in subsection (a), shall collaborate with              regulated by a provision of law (or its imple-
                                               (B) is a restricted or conditional gift or            similar entities in the countries appearing            menting regulations) described in clause (v),
                                             contract (as defined in section 117(h) of the           on the list created pursuant to subsection (a)         (vi), or (vii) of subparagraph (B), the disclo-
                                             Higher Education Act of 1965 (20 U.S.C.                 to develop, coordinate, and agree to general           sure requirements under clauses (i) and (ii)
                                             1011f(h))) that establishes control.                    security policies and procedures, consistent           of subparagraph (A) shall only apply if the




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                    S3537
                                             product is required to comply with country              terms and provisions of the Federal Trade              research, innovation, manufacturing,
                                             of origin labeling requirements under a pro-            Commission Act (15 U.S.C. 41 et seq.) were             and job creation, to establish a critical
                                             vision of law (or its implementing regula-              incorporated into and made a part of this              supply chain resiliency program, and
                                             tions) described in clause (v), (vi), or (vii) of       section.
                                             subparagraph (B).
                                                                                                                                                            for other purposes; which was ordered
                                                                                                       (B) PRIVILEGES AND IMMUNITIES.—Any per-
                                               (ii) DRUGS.—The disclosure requirements               son that violates subsection (a) or (b) shall          to lie on the table; as follows:
                                             under clauses (i) and (ii) of subparagraph (A)          be subject to the penalties and entitled to              Strike section 2214 and insert the fol-
                                             shall not apply to a pharmaceutical product             the privileges and immunities provided in              lowing:
                                             subject to the jurisdiction of the Food and             the Federal Trade Commission Act (15 U.S.C.            SEC. 2214. CRITICAL MINERALS MINING AND RE-
                                             Drug Administration.                                    41 et seq.) as though all applicable terms and                     CYCLING RESEARCH.
                                               (2) CERTAIN DRUG PRODUCTS.—It shall be                provisions of that Act were incorporated and             (a) CRITICAL MINERALS MINING AND RECY-
                                             unlawful for a drug that is not subject to sec-         made part of this section.                             CLING RESEARCH AND DEVELOPMENT AT THE
                                             tion 503(b)(1) of the Federal Food, Drug, and             (C) AUTHORITY PRESERVED.—Nothing in                  FOUNDATION.—
                                             Cosmetic Act (21 U.S.C. 353(b)(1)) and that is          this section may be construed to limit the               (1) IN GENERAL.—In order to support supply
                                             required to be marked under section 304 of              authority of the Commission under any                  chain resiliency, the Secretary of Energy, in
                                             the Tariff Act of 1930 (19 U.S.C. 1304) to be of-       other provision of law.                                coordination with the Director, shall issue
                                             fered for sale in commerce to consumers on                (3) INTERAGENCY AGREEMENT.—Not later                 awards, on a competitive basis, to institu-
                                             an internet website unless the internet                 than 6 months after the date of enactment of           tions of higher education, National Labora-
                                             website description of the drug indicates in a          this division, the Commission, the U.S. Cus-           tories, or nonprofit organizations (or con-
                                             conspicuous place the name and place of                 toms and Border Protection, and the Depart-            sortia of such institutions, Laboratories, or
                                             business of the manufacturer, packer, or dis-           ment of Agriculture shall—                             organizations, including consortia that col-
                                             tributor that is required to appear on the                (A) enter into a Memorandum of Under-                laborate with private industry) to support
                                             label of the drug in accordance with section            standing or other appropriate agreement for            basic research that will accelerate innova-
                                             502(b) of the Federal Food, Drug, and Cos-              the purpose of providing consistent imple-             tion to advance critical minerals mining, re-
                                             metic Act (21 U.S.C. 352(b)).                           mentation of this section; and                         cycling, and reclamation strategies and
                                               (3) OBLIGATION TO PROVIDE.—A manufac-                   (B) publish such agreement to provide pub-           technologies for the purpose of making bet-
                                             turer, importer, distributor, seller, supplier,         lic guidance.                                          ter use of domestic resources and elimi-
                                             or private labeler seeking to have a product              (4) DEFINITION OF COMMISSION.—In this sub-           nating national reliance on minerals and
                                             introduced, sold, advertised, or offered for            section, the term ‘‘Commission’’ means the             mineral materials that are subject to supply
                                             sale in commerce shall provide the informa-             Federal Trade Commission.
                                             tion identified clauses (i) and (ii) of para-                                                                  disruptions.
                                                                                                       (d) EFFECTIVE DATE.—This section shall                 (2) USE OF FUNDS.—Activities funded by an
                                             graph (1)(A) or paragraph (2), as applicable,           take effect 12 months after the date of the
                                             to the relevant retailer or internet website                                                                   award under this section may include—
                                                                                                     publication of the Memorandum of Under-                  (A) advancing mining research and devel-
                                             marketplace.                                            standing or agreement under subsection
                                               (4) SAFE HARBOR.—A retailer or internet                                                                      opment activities to develop new mapping
                                                                                                     (c)(3).                                                and mining technologies and techniques, in-
                                             website marketplace satisfies the disclosure
                                             requirements under clauses (i) and (ii) of                                                                     cluding advanced critical mineral extraction
                                                                                                       SA 2082. Mr. LUJÁN (for himself,                    and production, to improve existing or to de-
                                             paragraph (1)(A) or paragraph (2), as applica-
                                                                                                     Mrs. CAPITO, and Mr. MANCHIN) sub-                     velop new supply chains of critical minerals,
                                             ble, if the disclosure includes the country of
                                             origin and seller information provided by a             mitted an amendment intended to be                     and to yield more efficient, economical, and
                                             third-party manufacturer, importer, dis-                proposed to amendment SA 1502 pro-                     environmentally benign mining practices;
                                             tributor, seller, supplier, or private labeler of       posed by Mr. SCHUMER to the bill S.                      (B) advancing critical mineral processing
                                             the product.                                            1260, to establish a new Directorate for               research activities to improve separation,
                                               (b) PROHIBITION ON FALSE AND MISLEADING                                                                      alloying, manufacturing, or recycling tech-
                                                                                                     Technology and Innovation in the Na-
                                             REPRESENTATION OF UNITED STATES ORIGIN                                                                         niques and technologies that can decrease
                                                                                                     tional Science Foundation, to establish                the energy intensity, waste, potential envi-
                                             ON PRODUCTS.—
                                               (1) UNLAWFUL ACTIVITY.—Notwithstanding
                                                                                                     a regional technology hub program, to                  ronmental impact, and costs of those activi-
                                             any other provision of law, and except as               require a strategy and report on eco-                  ties;
                                             provided for in paragraph (2), it shall be un-          nomic security, science, research, inno-                 (C) advancing research and development of
                                             lawful to make any false or deceptive rep-              vation, manufacturing, and job cre-                    critical minerals mining and recycling tech-
                                             resentation that a product or its parts or              ation, to establish a critical supply                  nologies that take into account the potential
                                             processing are of United States origin in any           chain resiliency program, and for other                end-uses and disposal of critical minerals, in
                                             labeling, advertising, or other promotional                                                                    order to improve end-to-end integration of
                                                                                                     purposes; which was ordered to lie on
                                             materials, or any other form of marketing,                                                                     mining and technological applications;
                                                                                                     the table; as follows:                                   (D) conducting long-term earth observa-
                                             including marketing through digital or elec-
                                             tronic means in the United States.                         In section 2116, between subsections (e) and        tion of reclaimed mine sites, including the
                                               (2) DECEPTIVE REPRESENTATION.—For pur-                (f), insert the following:                             study of the evolution of microbial diversity
                                             poses of paragraph (1), a representation that              (f) AMOUNTS FOR NEXT GENERATION RADAR               at such sites;
                                                                                                     AND RADIO ASTRONOMY IMPROVEMENTS AND                     (E) examining the application of artificial
                                             a product is in whole, or in part, of United
                                             States origin is deceptive if, at the time the          RELATED ACTIVITIES.—                                   intelligence for geological exploration of
                                             representation is made, such claim is not                  (1) IN GENERAL.—From the amounts au-                critical minerals, including what size and di-
                                             consistent with section 5 of the Federal                thorized to be appropriated to the Founda-             versity of data sets would be required;
                                             Trade Commission Act (15 U.S.C. 45(a)) and              tion for a fiscal year under this section,               (F) examining the application of machine
                                             any regulations promulgated by the Commis-              $176,000,000 shall be made available for the           learning for detection and sorting of critical
                                             sion pursuant to section 320933 of the Violent          period of fiscal years 2022 through 2024 for           minerals, including what size and diversity
                                             Crime Control and Law Enforcement Act of                the design, development, prototyping, or               of data sets would be required;
                                             1994 (15 U.S.C. 45a), provided that no other            mid-scale upgrades of next generation radar              (G) conducting detailed isotope studies of
                                             Federal statute or regulation applies.                  and radio astronomy improvements and re-               critical minerals and the development of
                                               (3) LIMITATION OF LIABILITY.—A retailer or            lated activities under section 14 of the Na-           more refined geologic models; or
                                             internet website marketplace is not in viola-           tional Science Foundation Authorization                  (H) providing training and research oppor-
                                             tion of this subsection if a third-party manu-          Act of 2002 (42 U.S.C. 1862n-4).                       tunities to undergraduate and graduate stu-
                                             facturer, distributor, seller, supplier, or pri-           (2) APPROVAL.—Nothing in this subsection            dents to prepare the next generation of min-
                                             vate labeler provided the retailer or internet          shall amend the Director’s authority to re-            ing engineers and researchers.
                                             website marketplace with a false or decep-              view and issue awards.                                   (b) CRITICAL MINERALS INTERAGENCY SUB-
                                             tive representation as to the country of ori-                                                                  COMMITTEE.—
                                             gin of a product or its parts or processing.
                                                                                                       SA 2083. Ms. CORTEZ MASTO (for                         (1) IN GENERAL.—In order to support supply
                                               (c) ENFORCEMENT BY COMMISSION.—                       herself, Mr. DURBIN, Mr. MANCHIN, Ms.                  chain resiliency, the Critical Minerals Sub-
                                               (1) UNFAIR OR DECEPTIVE ACTS OR PRAC-                 HASSAN, Mr. GRASSLEY, Ms. ERNST, and                   committee of the National Science and Tech-
                                             TICES.—A violation of subsection (a) or (b)             Mrs. CAPITO) submitted an amendment                    nology Council (referred to in this subsection
                                             shall be treated as a violation of a rule pre-          intended to be proposed to amendment                   as the ‘‘Subcommittee’’) shall coordinate
                                             scribed under section 18(a)(1)(B) of the Fed-           SA 1502 proposed by Mr. SCHUMER to                     Federal science and technology efforts to en-




dlhill on DSK120RN23PROD with SENATE
                                             eral Trade Commission Act (15 U.S.C.                    the bill S. 1260, to establish a new Di-               sure secure and reliable supplies of critical
                                             57a(a)(1)(B)).                                                                                                 minerals to the United States.
                                                                                                     rectorate for Technology and Innova-
                                               (2) POWERS OF THE COMMISSION.—                                                                                 (2) PURPOSES.—The purposes of the Sub-
                                               (A) IN GENERAL.—The Commission shall en-              tion in the National Science Founda-                   committee shall be—
                                             force this section in the same manner, by the           tion, to establish a regional technology                 (A) to advise and assist the Committee on
                                             same means, and with the same jurisdiction,             hub program, to require a strategy and                 Homeland and National Security and the Na-
                                             powers, and duties as though all applicable             report on economic security, science,                  tional Science and Technology Council on




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                                             S3538                                             CONGRESSIONAL RECORD — SENATE                                                            May 26, 2021
                                             United States policies, procedures, and plans           ing a roadmap that identifies key research               (4) RECYCLING.—The term ‘‘recycling’’
                                             as it relates to critical minerals, including—          and development needs and coordinates on-              means the process of collecting and proc-
                                               (i) Federal research, development, and de-            going activities for source diversification,           essing spent materials and devices and turn-
                                             ployment efforts to optimize methods for ex-            more efficient use, recycling, and substi-             ing them into raw materials or components
                                             tractions, concentration, separation, and pu-           tution for critical minerals; and                      that can be reused either partially or com-
                                             rification of conventional, secondary, and                 (ii) cross-cutting mining science, data             pletely.
                                             unconventional sources of critical minerals,            science techniques, materials science, manu-             (5) SECONDARY RECOVERY.—The term ‘‘sec-
                                             including research that prioritizes end-to-             facturing science and engineering, computa-            ondary recovery’’ means the recovery of crit-
                                             end integration of mining and recycling                 tional modeling, and environmental health              ical minerals and metals from discarded end-
                                             techniques and the end-use target for critical          and safety research and development; and               use products or from waste products pro-
                                             minerals;                                                  (H) report to the appropriate committees            duced during the metal refining and manu-
                                               (ii) efficient use and reuse of critical min-         of Congress on activities and findings under           facturing process, including from mine waste
                                             erals, including recycling technologies for             this subsection.                                       piles, acid mine drainage sludge, or byprod-
                                             critical minerals and the reclamation of crit-             (4) MANDATORY RESPONSIBILITIES.—In car-             ucts produced through legacy mining and
                                             ical minerals from components such as spent             rying out paragraphs (1) and (2), the Sub-             metallurgy activities.
                                             batteries;                                              committee shall, taking into account the                                   ---
                                               (iii) addressing the technology transitions           findings and recommendations of the rel-
                                             between research or lab-scale mining and re-                                                                     SA 2084. Mr. MERKLEY submitted an
                                                                                                     evant advisory committees, identify and
                                             cycling and commercialization of these tech-                                                                   amendment intended to be proposed to
                                                                                                     evaluate Federal policies and regulations
                                             nologies;                                               that restrict the mining of critical minerals.         amendment SA 1977 submitted by Mr.
                                               (iv) the critical minerals workforce of the              (c) GRANT PROGRAM FOR PROCESSING OF                 MERKLEY and intended to be proposed
                                             United States; and                                      CRITICAL MINERALS AND DEVELOPMENT OF                   to the amendment SA 1502 proposed by
                                               (v) United States private industry invest-            CRITICAL MINERALS AND METALS.—                         Mr. SCHUMER to the bill S. 1260, to es-
                                             ments in innovation and technology transfer                (1) ESTABLISHMENT.—The Secretary of En-             tablish a new Directorate for Tech-
                                             from federally funded science and tech-                 ergy, in consultation with the Director, the
                                             nology;
                                                                                                                                                            nology and Innovation in the National
                                                                                                     Secretary of the Interior, and the Secretary           Science Foundation, to establish a re-
                                               (B) to identify emerging opportunities,
                                                                                                     of Commerce, shall establish a grant pro-              gional technology hub program, to re-
                                             stimulate international cooperation, and fos-
                                                                                                     gram to finance pilot projects for—
                                             ter the development of secure and reliable                                                                     quire a strategy and report on eco-
                                                                                                        (A) the processing or recycling of critical
                                             supply chains of critical minerals, including                                                                  nomic security, science, research, inno-
                                                                                                     minerals in the United States; or
                                             activities related to the reuse of critical                                                                    vation, manufacturing, and job cre-
                                                                                                        (B) the development of critical minerals
                                             minerals via recycling;                                                                                        ation, to establish a critical supply
                                                                                                     and metals in the United States
                                               (C) to ensure the transparency of informa-
                                             tion and data related to critical minerals;
                                                                                                        (2) LIMITATION ON GRANT AWARDS.—A grant             chain resiliency program, and for other
                                                                                                     awarded under paragraph (1) may not exceed             purposes; which was ordered to lie on
                                             and
                                                                                                     $10,000,000.                                           the table; as follows:
                                               (D) to provide recommendations on coordi-
                                                                                                        (3) ECONOMIC VIABILITY.—In awarding
                                             nation and collaboration among the re-                                                                           Beginning on page 1, strike line 3 and all
                                             search, development, and deployment pro-                grants under paragraph (1), the Secretary of
                                                                                                     Energy shall give priority to projects that            that follows through page 3, line 22, and in-
                                             grams and activities of Federal agencies to                                                                    sert the following:
                                             promote a secure and reliable supply of crit-           the Secretary of Energy determines are like-
                                             ical minerals necessary to maintain national            ly to be economically viable over the long             SEC. 3219L. SENSE OF CONGRESS ON STANDING
                                                                                                     term.                                                              WITH AUSTRALIA AGAINST ECO-
                                             security, economic well-being, and industrial                                                                              NOMIC COERCION.
                                             production.                                                (4) SECONDARY RECOVERY.—In awarding
                                               (3) RESPONSIBILITIES.—In carrying out                 grants under paragraph (1), the Secretary of             (a) SENSE OF CONGRESS.—It is the sense of
                                             paragraphs (1) and (2), the Subcommittee                Energy shall seek to award not less than 30            Congress that—
                                             may, taking into account the findings and               percent of the total amount of grants award-             (1) the alliance between the United States
                                             recommendations of relevant advisory com-               ed during the fiscal year for projects relating        and Australia provides strategic, economic,
                                             mittees—                                                to secondary recovery of critical minerals             and cultural value to both nations;
                                               (A) provide recommendations on how Fed-               and metals.                                              (2) the security and prosperity of each is
                                             eral agencies may improve the topographic,                 (5) DOMESTIC PRIORITY.—In awarding grants           vital to the future security and prosperity of
                                             geologic, and geophysical mapping of the                for the development of critical minerals and           both nations;
                                             United       States    and     improve      the         metals under paragraph (1)(B), the Secretary             (3) the close, longstanding cooperation be-
                                             discoverability, accessibility, and usability           of Energy shall prioritize pilot projects that         tween the United States and Australia in
                                             of the resulting and existing data, to the ex-          will process the critical minerals and metals          strategic and military affairs is built on
                                             tent permitted by law and subject to appro-             domestically.                                          strong bonds of trust between the two na-
                                             priate limitation for purposes of privacy and              (6) PROHIBITION ON PROCESSING BY FOREIGN            tions and a shared goal of establishing a free,
                                             security;                                               ENTITY OF CONCERN.—In awarding grants                  open, secure, prosperous, and resilient Indo-
                                               (B) assess the progress toward developing             under paragraph (1), the Secretary of Energy           Pacific;
                                             critical minerals recycling and reprocessing            shall ensure that pilot projects do not export           (4) Australia continues to be the target of
                                             technologies;                                           for processing any critical minerals and met-          a concerted campaign of economic coercion
                                               (C) assess the end-to-end lifecycle of crit-          als to a foreign entity of concern (as defined         by the People’s Republic of China aimed at
                                             ical minerals, including for mining, usage,             in section 2307(a)).                                   punishing the government and people of one
                                             recycling, and end-use material and tech-                  (7) AUTHORIZATION OF APPROPRIATIONS.—               of the United States’ closest allies for the ex-
                                             nology requirements;                                    There is authorized to be appropriated to the          ercise of their sovereign, democratic rights;
                                               (D) examine options for accessing and de-             Secretary of Energy $100,000,000 for each of             (5) the People’s Republic of China employs
                                             veloping critical minerals through invest-              fiscal years 2021 through 2024 to carry out            similar forms of economic coercion against
                                             ment and trade with allies and partners of              the grant program established under para-              other countries, not only within the Indo-Pa-
                                             the United States and provide recommenda-               graph (1).                                             cific but around the world;
                                             tions;                                                     (d) DEFINITIONS.—In this section:                     (6) such a campaign is an attempt to un-
                                               (E) evaluate and provide recommendations                 (1) CRITICAL MINERAL.—The term ‘‘critical           dermine the sovereignty of Australia and the
                                             to incentivize the development and use of ad-           mineral’’ has the meaning given the term in            ability of the Government of Australia to act
                                             vances in science and technology in the pri-            section 7002(a) of the Energy Act of 2020 (30          in concert with the United States toward the
                                             vate industry;                                          U.S.C. 1606(a)).                                       shared goal of a free and open Indo-Pacific;
                                               (F) assess the need for and make rec-                    (2) CRITICAL MINERALS AND METALS.—The               and
                                             ommendations to address the challenges the              term ‘‘critical minerals and metals’’ includes           (7) the routine use of economic coercion by
                                             United States critical minerals supply chain            any host mineral of a critical mineral.                the People’s Republic of China against other
                                             workforce faces, including—                                (3) END-TO-END.—The term ‘‘end-to-end’’,            countries can undermine those countries’
                                               (i) aging and retiring personnel and fac-             with respect to the integration of mining or           ability to speak or act in defense of their
                                             ulty;                                                   life cycle of minerals, means the integrated           own sovereignty, democratic values, and
                                               (ii) public perceptions about the nature of           approach of, or the lifecycle determined by,           human rights, and is therefore a threat to a
                                             mining and mineral processing; and                      examining the research and developmental               free and open global order.




dlhill on DSK120RN23PROD with SENATE
                                               (iii) foreign competition for United States           process from the mining of the raw minerals              (b) STATEMENT OF POLICY.—It shall be the
                                             talent;                                                 to its processing into useful materials, its in-       policy of the United States—
                                               (G) develop, and update as necessary, a               tegration into components and devices, the               (1) to stand with Australia, providing rel-
                                             strategic plan to guide Federal programs and            utilization of such devices in the end-use ap-         evant support to the Government and people
                                             activities to enhance—                                  plication to satisfy certain performance               of Australia to mitigate the costs of eco-
                                               (i) scientific and technical capabilities             metrics, and the recycling or disposal of such         nomic coercion by the People’s Republic of
                                             across critical mineral supply chains, includ-          devices.                                               China to the greatest extent possible;




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                    S3539
                                               (2) to work with the Government of Aus-               mote employee ownership and employee par-              and information about how their businesses
                                             tralia and other allies and partners to co-             ticipation in business decisionmaking, that            can succeed;
                                             ordinate collective, cooperative responses to           exists on the date on which the Secretary is             (B) providing technical assistance to assist
                                             both threatened and actual instances of eco-            carrying out a responsibility authorized               employee efforts to become business owners,
                                             nomic coercion by the People’s Republic of              under this section.                                    to enable employers and employees to ex-
                                             China; and                                                (2) INITIATIVE.—The term ‘‘Initiative’’              plore and assess the feasibility of transfer-
                                               (3) to put in place the appropriate per-              means the Employee Ownership and Partici-              ring full or partial ownership to employees,
                                             sonnel, mechanisms, and collective struc-               pation Initiative established under sub-               and to encourage employees and employers
                                             tures to facilitate the effectiveness of re-            section (b).                                           to start new employee-owned businesses;
                                             sponses to economic coercion.                             (3) NEW PROGRAM.—The term ‘‘new pro-                   (C) training employees and employers with
                                                                                                     gram’’ means a program, designed to pro-               respect to methods of employee participa-
                                               SA 2085. Mrs. BLACKBURN sub-                          mote employee ownership and employee par-              tion in open-book management, work teams,
                                             mitted an amendment intended to be                      ticipation in business decisionmaking, that            committees, and other approaches for seek-
                                             proposed to amendment SA 1502 pro-                      does not exist on the date on which the Sec-           ing greater employee input; and
                                             posed by Mr. SCHUMER to the bill S.                     retary is carrying out a responsibility au-              (D) training other entities to apply for
                                             1260, to establish a new Directorate for                thorized under this section.                           funding under this subsection, to establish
                                             Technology and Innovation in the Na-                      (4) SECRETARY.—The term ‘‘Secretary’’                new programs, and to carry out program ac-
                                                                                                     means the Secretary of Commerce.                       tivities.
                                             tional Science Foundation, to establish                   (5) STATE.—The term ‘‘State’’ has the                  (3) PROGRAM DETAILS.—The Secretary may
                                             a regional technology hub program, to                   meaning given the term under section 3 of              include, in the program established under
                                             require a strategy and report on eco-                   the Workforce Innovation and Opportunity               paragraph (1), provisions that—
                                             nomic security, science, research, inno-                Act (29 U.S.C. 3102).                                    (A) in the case of activities described in
                                             vation, manufacturing, and job cre-                       (b) EMPLOYEE OWNERSHIP AND PARTICIPA-                paragraph (2)(A)—
                                             ation, to establish a critical supply                   TION INITIATIVE.—                                        (i) target key groups, such as retiring busi-
                                             chain resiliency program, and for other                   (1) ESTABLISHMENT.—The Secretary shall               ness owners, senior managers, unions, trade
                                             purposes; which was ordered to lie on                   establish within the Department of Com-                associations, community organizations, and
                                             the table; as follows:                                  merce an Employee Ownership and Partici-               economic development organizations;
                                                                                                     pation Initiative to promote employee own-               (ii) encourage cooperation in the organiza-
                                               Beginning on page 341, strike line 22 and                                                                    tion of workshops and conferences; and
                                             all that follows through page 342, line 19, and         ership and employee participation in busi-
                                                                                                     ness decisionmaking.                                     (iii) prepare and distribute materials con-
                                             insert the following:
                                                                                                       (2) FUNCTIONS.—In carrying out the Initia-           cerning employee ownership and participa-
                                               (l) DETERMINATION RELATED TO CERTAIN
                                                                                                     tive, the Secretary shall—                             tion, and business ownership succession
                                             OPTICAL TRANSMISSION EQUIPMENT.—
                                                                                                       (A) support within the States existing pro-          planning;
                                               (1) PROCEEDING.—Not later than 45 days
                                                                                                     grams designed to promote employee owner-                (B) in the case of activities described in
                                             after the date of enactment of this division,
                                                                                                     ship and employee participation in business            paragraph (2)(B)—
                                             the Secretary of Commerce shall commence
                                                                                                     decisionmaking; and                                      (i) provide preliminary technical assist-
                                             a process to make a determination for pur-
                                                                                                       (B) facilitate within the States the forma-          ance to employee groups, managers, and re-
                                             poses of section 2 of the Secure and Trusted
                                                                                                     tion of new programs designed to promote               tiring owners exploring the possibility of em-
                                             Communications Networks Act of 2019 (47
                                                                                                     employee ownership and employee participa-             ployee ownership;
                                             U.S.C. 1601) whether future transactions in-
                                                                                                     tion in business decisionmaking.                         (ii) provide for the performance of prelimi-
                                             volving optical transmission equipment that
                                                                                                       (3) DUTIES.—To carry out the functions               nary feasibility assessments;
                                             is manufactured, produced, or distributed by
                                                                                                     enumerated in paragraph (2), the Secretary               (iii) assist in the funding of objective
                                             an entity owned, controlled, or supported by
                                                                                                     shall—                                                 third-party feasibility studies and prelimi-
                                             the People’s Republic of China and that is
                                                                                                       (A) support new programs and existing pro-           nary business valuations, and in selecting
                                             capable of routing or redirecting user data
                                                                                                     grams by—                                              and monitoring professionals qualified to
                                             traffic or permitting visibility into any user
                                                                                                       (i) making Federal grants authorized under           conduct such studies; and
                                             data or packets that such equipment trans-
                                                                                                     subsection (d); and                                      (iv) provide a data bank to help employees
                                             mits or handles would pose an unacceptable
                                                                                                       (ii)(I) acting as a clearinghouse on tech-           find legal, financial, and technical advice in
                                             risk to the national security of the United
                                                                                                     niques employed by new programs and exist-             connection with business ownership;
                                             States or the security and safety of United
                                                                                                     ing programs within the States, and dissemi-             (C) in the case of activities described in
                                             States persons.
                                                                                                     nating information relating to those tech-             paragraph (2)(C)—
                                               (2) COMMUNICATION OF DETERMINATION.—If
                                                                                                     niques to the programs; or                               (i) provide for courses on employee partici-
                                             the Secretary determines pursuant to para-
                                                                                                       (II) funding projects for information gath-          pation; and
                                             graph (1) that future transactions involving
                                                                                                     ering on those techniques, and dissemination             (ii) provide for the development and fos-
                                             such optical transmission equipment would
                                                                                                     of that information to the programs, by                tering of networks of employee-owned com-
                                             pose an unacceptable risk consistent with
                                                                                                     groups outside the Department of Commerce;             panies to spread the use of successful partici-
                                             that paragraph, the Secretary shall imme-
                                                                                                     and                                                    pation techniques; and
                                             diately transmit that determination to the
                                                                                                       (B) facilitate the formation of new pro-               (D) in the case of training described in
                                             Federal Communications Commission con-
                                                                                                     grams, in ways that include holding or fund-           paragraph (2)(D)—
                                             sistent with section 2 of the Secure and
                                                                                                     ing an annual conference of representatives              (i) provide for visits to existing programs
                                             Trusted Communications Networks Act of
                                                                                                     from States with existing programs, rep-               by staff from new programs receiving fund-
                                             2019 (47 U.S.C. 1601).
                                                                                                     resentatives from States developing new pro-           ing under this section; and
                                               SA 2086. Mr. MORAN (for himself and                   grams, and representatives from States with-             (ii) provide materials to be used for such
                                             Mr. SANDERS) submitted an amend-                        out existing programs.                                 training.
                                                                                                       (c) PROGRAMS REGARDING EMPLOYEE OWN-                   (4) GUIDANCE.—The Secretary shall issue
                                             ment intended to be proposed to                                                                                formal guidance, for recipients of grants
                                                                                                     ERSHIP AND PARTICIPATION.—
                                             amendment SA 1502 proposed by Mr.                                                                              awarded under subsection (d) and one-stop
                                                                                                       (1) ESTABLISHMENT OF PROGRAM.—Not later
                                             SCHUMER to the bill S. 1260, to establish               than 180 days after the date of enactment of           partners (as defined in section 3 of the Work-
                                             a new Directorate for Technology and                    this Act, the Secretary shall establish a pro-         force Innovation and Opportunity Act (29
                                             Innovation in the National Science                      gram to encourage new programs and exist-              U.S.C. 3102)) affiliated with the workforce de-
                                             Foundation, to establish a regional                     ing programs within the States to foster em-           velopment systems (as so defined) of the
                                             technology hub program, to require a                    ployee ownership and employee participation            States, proposing that programs and other
                                             strategy and report on economic secu-                   in business decisionmaking throughout the              activities funded under this section be—
                                                                                                     United States.                                           (A) proactive in encouraging actions and
                                             rity, science, research, innovation,                                                                           activities that promote employee ownership
                                             manufacturing, and job creation, to es-                   (2) PURPOSE OF PROGRAM.—The purpose of
                                                                                                     the program established under paragraph (1)            of, and participation in, businesses; and
                                             tablish a critical supply chain resil-                  is to encourage new and existing programs                (B) comprehensive in emphasizing both
                                             iency program, and for other purposes;                  within the States that focus on—                       employee ownership of, and participation in,
                                             which was ordered to lie on the table;                    (A) providing education and outreach to in-          businesses so as to increase productivity and
                                             as follows:                                             form employees and employers about the                 broaden capital ownership.




dlhill on DSK120RN23PROD with SENATE
                                               At the end of title III of division F, insert         possibilities and benefits of employee owner-            (d) GRANTS.—
                                             the following:                                          ship, business ownership succession plan-                (1) IN GENERAL.—In carrying out the pro-
                                             SEC. ll. WORKER OWNERSHIP, READINESS, AND               ning, and employee participation in business           gram established under subsection (c), the
                                                         KNOWLEDGE.                                  decisionmaking, including providing infor-             Secretary may make grants for use in con-
                                               (a) DEFINITIONS.—In this section:                     mation about financial education, employee             nection with new programs and existing pro-
                                               (1) EXISTING PROGRAM.—The term ‘‘existing             teams, open-book management, and other                 grams within a State for any of the following
                                             program’’ means a program, designed to pro-             tools that enable employees to share ideas             activities:




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                                             S3540                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                               (A) Education and outreach as provided in               (1) IN GENERAL.—There are authorized to be           within 90 days of the date of the enactment
                                             subsection (c)(2)(A).                                   appropriated for the purpose of making                 of this Act.
                                               (B) Technical assistance as provided in               grants pursuant to subsection (d) the fol-
                                             subsection (c)(2)(B).                                   lowing:                                                  SA 2089. Ms. MURKOWSKI submitted
                                               (C) Training activities for employees and               (A) For fiscal year 2022, $4,000,000.                an amendment intended to be proposed
                                             employers as provided in subsection (c)(2)(C).            (B) For fiscal year 2023, $7,000,000.                to amendment SA 1502 proposed by Mr.
                                               (D) Activities facilitating cooperation                 (C) For fiscal year 2024, $10,000,000.
                                             among employee-owned firms.                               (D) For fiscal year 2025, $13,000,000.
                                                                                                                                                            SCHUMER to the bill S. 1260, to establish
                                               (E) Training as provided in subsection                  (E) For fiscal year 2026, $16,000,000.               a new Directorate for Technology and
                                             (c)(2)(D) for new programs provided by par-               (2) ADMINISTRATIVE EXPENSES.—There are               Innovation in the National Science
                                             ticipants in existing programs dedicated to             authorized to be appropriated for the purpose          Foundation, to establish a regional
                                             the objectives of this section, except that,            of funding the administrative expenses re-             technology hub program, to require a
                                             for each fiscal year, the amount of the                 lated to the Initiative, for each of fiscal            strategy and report on economic secu-
                                             grants made for such training shall not ex-             years 2022 through 2026, an amount not in ex-          rity, science, research, innovation,
                                             ceed 10 percent of the total amount of the              cess of the lesser of—                                 manufacturing, and job creation, to es-
                                             grants made under this section.                           (A) $350,000; or
                                               (2) AMOUNTS AND CONDITIONS.—The Sec-                    (B) 5.0 percent of the maximum amount
                                                                                                                                                            tablish a critical supply chain resil-
                                             retary shall determine the amount and any               available under paragraph (1) for that fiscal          iency program, and for other purposes;
                                             conditions for a grant made under this sub-             year.                                                  which was ordered to lie on the table;
                                             section. The amount of the grant shall be                                                                      as follows:
                                             subject to paragraph (6), and shall reflect the           SA 2087. Ms. ERNST submitted an                        Beginning on page 967, strike line 11 and
                                             capacity of the applicant for the grant.                amendment intended to be proposed to                   all that follows through page 972, line 9, and
                                               (3) APPLICATIONS.—Each entity desiring a              amendment SA 1502 proposed by Mr.                      insert the following:
                                             grant under this subsection shall submit an             SCHUMER to the bill S. 1260, to establish                (d) APPOINTMENT.—The President shall ap-
                                             application to the Secretary at such time, in           a new Directorate for Technology and                   point, by and with the consent of the Senate,
                                             such manner, and accompanied by such in-                                                                       an Ambassador-at-large for Arctic Affairs
                                             formation as the Secretary may reasonably
                                                                                                     Innovation in the National Science
                                                                                                                                                            who shall—
                                             require.                                                Foundation, to establish a regional
                                                                                                                                                              (1) be responsible for Arctic affairs; and
                                               (4) STATE APPLICATIONS.—Each State may                technology hub program, to require a                     (2) report directly to the Secretary of
                                             sponsor and submit an application under                 strategy and report on economic secu-                  State.
                                             paragraph (3) on behalf of any local entity             rity, science, research, innovation,                     (e) DUTIES.—The Ambassador-at-large for
                                             consisting of a unit of State or local govern-          manufacturing, and job creation, to es-                Arctic Affairs shall—
                                             ment, State-supported institution of higher             tablish a critical supply chain resil-                   (1) facilitate the development and coordi-
                                             education, or nonprofit organization, meet-             iency program, and for other purposes;                 nation of United States foreign policy in the
                                             ing the requirements of this section.                                                                          Arctic Region relating to—
                                               (5) APPLICATIONS BY ENTITIES.—
                                                                                                     which was ordered to lie on the table;
                                                                                                     as follows:                                              (A) strengthening institutions for coopera-
                                               (A) ENTITY APPLICATIONS.—If a State fails                                                                    tion among the Arctic nations;
                                             to support or establish a program pursuant                At the appropriate place in division B, in-            (B) enhancing scientific monitoring and re-
                                             to this section during any fiscal year, the             sert the following:                                    search on local, regional, and global environ-
                                             Secretary shall, in the subsequent fiscal               SEC. llll. AUTHORIZATION OF APPROPRIA-                 mental issues;
                                             years, allow local entities described in para-                     TIONS FOR THE DEFENSE AD-
                                                                                                                                                              (C) protecting the Arctic environment and
                                             graph (4) from that State to make applica-                         VANCED   RESEARCH    PROJECTS
                                                                                                                AGENCY TO CONDUCT RESEARCH                  conserving its biological resources;
                                             tions for grants under paragraph (3) on their                                                                    (D) promoting responsible natural resource
                                                                                                                ON   KEY  TECHNOLOGY    FOCUS
                                             own initiative.                                                    AREAS.                                      management and economic development; and
                                               (B) APPLICATION SCREENING.—Any State                    (a) IN GENERAL.—There are authorized to                (E) involving Arctic indigenous people in
                                             failing to support or establish a program               be appropriated for the Defense Advanced               decisions that affect them;
                                             pursuant to this section during any fiscal              Research Projects Agency to conduct re-                  (2) coordinate the diplomatic objectives
                                             year may submit applications under para-                search in key technology focus areas                   with respect to the activities described in
                                             graph (3) in the subsequent fiscal years but            amounts as follows:                                    paragraph (1), and, as appropriate, represent
                                             may not screen applications by local entities             (1) $600,000,000 for fiscal year 2022.               the United States within multilateral fora
                                             described in paragraph (4) before submitting              (2) $1,200,000,000 for each of fiscal years 2023     that address international cooperation and
                                             the applications to the Secretary.                      through 2026.                                          foreign policy matters in the Arctic Region;
                                               (6) LIMITATIONS.—A recipient of a grant                 (b) SUPPLEMENT, NOT SUPPLANT.—The                      (3) help inform, in coordination with the
                                             made under this subsection shall not receive,           amounts authorized to be appropriated by               Commandant of the Coast Guard, the Admin-
                                             during a fiscal year, in the aggregate, more            subsection (a) shall supplement and not sup-           istrator of the Maritime Administration, and
                                             than the following amounts:                             plant amounts appropriated for the Defense             the Bureau of Economic and Business Af-
                                               (A) For fiscal year 2022, $300,000.                   Advanced Research Projects Agency before               fairs, transnational commerce and commer-
                                               (B) For fiscal year 2023, $330,000.                   the date of the enactment of this Act.                 cial maritime transit in the Arctic Region;
                                               (C) For fiscal year 2024, $363,000.                                                                            (4) coordinate, in consultation with the
                                               (D) For fiscal year 2025, $399,300.                     SA 2088. Ms. MURKOWSKI submitted                     Under Secretary of Commerce for Oceans and
                                               (E) For fiscal year 2026, $439,200.                   an amendment intended to be proposed                   Atmosphere and the Secretary of the Navy,
                                               (7) ANNUAL REPORT.—For each year, each                                                                       the integration of scientific data on the cur-
                                             recipient of a grant under this subsection
                                                                                                     to amendment SA 1502 proposed by Mr.
                                                                                                     SCHUMER to the bill S. 1260, to establish              rent and projected effects of emerging envi-
                                             shall submit to the Secretary a report de-                                                                     ronmental changes on the Arctic Region and
                                             scribing how grant funds allocated pursuant             a new Directorate for Technology and                   ensure that such data is applied to the devel-
                                             to this subsection were expended during the             Innovation in the National Science                     opment of security strategies for the Arctic
                                             12-month period preceding the date of the               Foundation, to establish a regional                    Region;
                                             submission of the report.                               technology hub program, to require a                     (5) make available the methods and ap-
                                               (e) EVALUATIONS.—The Secretary is author-             strategy and report on economic secu-                  proaches on the integration of environ-
                                             ized to reserve not more than 10 percent of             rity, science, research, innovation,                   mental science and data to other regional se-
                                             the funds appropriated for a fiscal year to                                                                    curity planning programs in the Department
                                                                                                     manufacturing, and job creation, to es-
                                             carry out this section, for the purposes of                                                                    of State to better ensure that broader deci-
                                             conducting evaluations of the grant pro-                tablish a critical supply chain resil-
                                                                                                                                                            sion making processes may more adequately
                                             grams identified in subsection (d) and to pro-          iency program, and for other purposes;                 account for the changing environment;
                                             vide related technical assistance.                      which was ordered to lie on the table;                   (6) assist with the development of, and fa-
                                               (f) REPORTING.—Not later than the expira-             as follows:                                            cilitate the implementation of, an Arctic Re-
                                             tion of the 36-month period following the                  On page 966, beginning on line 13, strike           gion Security Policy in accordance with sub-
                                             date of enactment of this Act, the Secretary            ‘‘and’’ and all that follows through line 15           section (g);
                                             shall prepare and submit to Congress a re-              and insert the following:                                (7) use the voice, vote, and influence of the
                                             port—                                                      (F) examining the possibility of recon-             United States to encourage other countries




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                                               (1) on progress related to employee owner-            vening the Arctic Chiefs of Defense Forum;             and international multilateral organizations
                                             ship and participation in businesses in the                (G) establishing one or more deep-water             to support the principles of the Arctic Re-
                                             United States; and                                      ports in the United States Arctic; and                 gion Security Policy implemented pursuant
                                               (2) containing an analysis of critical costs             (H) reinstituting the Arctic Executive              to subsection (g);
                                             and benefits of activities carried out under            Steering Committee (AESC) as a permanent                 (8) coordinate Arctic policy with the Bu-
                                             this section.                                           office in the Executive Office of the Presi-           reau of Oceans and International Environ-
                                               (g) AUTHORIZATIONS OF APPROPRIATIONS.—                dent and naming a chair of the Committee               mental and Scientific Affairs, the Bureau of




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3541
                                             European and Eurasian Affairs, and other                  (D) to develop mutually agreed upon multi-             ‘‘(II) provides training aligned with the re-
                                             relevant bureaus;                                       lateral policies among Arctic nations on the           quirements of high-skill, high-wage, or in-de-
                                               (9) subject to the direction of the President         management of maritime transit routes                  mand industry sectors or occupations in the
                                             and the Secretary of State, represent the               through the Arctic Region and work coop-               State or local area in which the job training
                                             United States with respect to matters and               eratively on the transit policies for access to        program is provided, as determined by—
                                             cases relevant to Arctic affairs in—                    and transit in the Arctic Region by non-Arc-             ‘‘(aa) a State board or local board;
                                               (A) contacts with foreign governments,                tic nations; and                                         ‘‘(bb) a State plan, as described in section
                                             intergovernmental organizations, and spe-                 (E) to facilitate the development of Arctic          122(d)(13)(C) of the Carl D. Perkins Career
                                             cialized agencies of the United Nations, the            Region Security Action Plans to ensure sta-            and Technical Education Act of 2006; or
                                             Arctic Council, and other international orga-           bility and public safety in disaster situations          ‘‘(cc) a comprehensive local needs assess-
                                             nizations of which the United States is a               in a humane and responsible fashion; and               ment, as described in section 134(c) of the
                                             member; and                                               (6) to evaluate the vulnerability, security,         Carl D. Perkins Career and Technical Edu-
                                               (B) multilateral conferences and meetings             survivability, and resiliency of United States         cation Act of 2006;
                                             relating to Arctic affairs;                             interests and non-defense assets in the Arc-             ‘‘(III) is a program—
                                               (10) serve as the principal advisor to the            tic Region.
                                                                                                                                                              ‘‘(aa) provided through an eligible training
                                             Secretary of State and as the senior advisor                                  ---                              provider, as described under section 122(d) of
                                             to the President regarding matters affecting              SA 2090. Mr. KAINE (for himself and
                                                                                                                                                            the Workforce Innovation and Opportunity
                                             Arctic affairs;                                         Mr. PORTMAN) submitted an amend-
                                                                                                                                                            Act; and
                                               (11) make recommendations regarding the               ment intended to be proposed to                          ‘‘(bb) subject to the reporting requirements
                                             policies of the United States relating to Arc-          amendment SA 1502 proposed by Mr.                      of section 116(d)(4) of the Workforce Innova-
                                             tic affairs;                                            SCHUMER to the bill S. 1260, to establish              tion and Opportunity Act, or would be sub-
                                               (12) assist the Bureau of European and Eur-           a new Directorate for Technology and                   ject to such requirements except for a waiver
                                             asian Affairs with the development and im-              Innovation in the National Science                     issued to a State under section 189(i) of the
                                             plementation of the Arctic Region Security              Foundation, to establish a regional                    Workforce Innovation and Opportunity Act;
                                             Policy pursuant to subsection (g); and
                                               (13) perform such other duties and exercise
                                                                                                     technology hub program, to require a                     ‘‘(IV) provides a student, upon completion
                                                                                                     strategy and report on economic secu-                  of the program, with a degree or recognized
                                             such powers as the Secretary of State shall
                                                                                                     rity, science, research, innovation,                   postsecondary credential that is stackable
                                             prescribe.
                                                                                                     manufacturing, and job creation, to es-                and portable across multiple employers and
                                               (f) FUNDING.—The Secretary of State shall                                                                    geographical areas;
                                             provide the Ambassador-at-large with such               tablish a critical supply chain resil-
                                                                                                                                                              ‘‘(V) has demonstrated that students who
                                             funds as may be necessary to carry out the              iency program, and for other purposes;
                                                                                                                                                            complete the program receive a median in-
                                             duties described in subsection (e).                     which was ordered to lie on the table;                 crease of 20 percent of the total earnings of
                                               (g) ARCTIC REGION SECURITY POLICY.—The                as follows:                                            students who complete the program, in ac-
                                             Bureau of European and Eurasian Affairs                   At the end of subtitle C of title I of divi-         cordance with paragraph (2);
                                             shall be the lead bureau for developing and             sion F, add the following:                               ‘‘(VI) publishes prominently on the website
                                             implementing the United States’ Arctic Re-              SEC.   6125.
                                                                                                               ELIMINATING SHORT-TERM EDU-                  of the institution, and provides a written dis-
                                             gion Security Policy, in coordination with                       CATION LOAN PROGRAMS; JOB
                                                                                                                                                            closure to each prospective student prior to
                                             the Ambassador-at-large for Arctic Affairs,                      TRAINING FEDERAL PELL GRANTS;
                                                                                                              TECHNICAL CORRECTIONS.                        entering into an enrollment agreement for
                                             the Bureau of Oceans and International En-                                                                     such program (which each such student shall
                                             vironmental and Scientific Affairs, the Bu-              (a) ELIMINATING SHORT-TERM EDUCATION
                                                                                                     LOAN PROGRAMS.—Section 481(b) of the High-             confirm receiving through a written affirma-
                                             reau of Political-Military Affairs, embassies,                                                                 tion prior to entering such enrollment agree-
                                             other regional bureaus, and relevant offices            er Education Act of 1965 (20 U.S.C. 1088(b)) is
                                                                                                     amended by adding at the end the following:            ment) containing, at a minimum, the fol-
                                             to advance United States national security
                                                                                                        ‘‘(5) The Secretary shall eliminate the             lowing information calculated, as applicable,
                                             interests, including through conflict preven-
                                                                                                     short-term education loan program, as au-              in accordance with paragraph (8)—
                                             tion efforts, security assistance, humani-
                                                                                                     thorized under paragraph (2), on the date                ‘‘(aa) the required tuition and fees of the
                                             tarian disaster response and prevention, and
                                                                                                     that is 120 days after the date the Secretary          program;
                                             economic and other relevant assistance pro-
                                                                                                     establishes the application for Job Training             ‘‘(bb) the difference between required tui-
                                             grams. The Arctic Region Security Policy
                                                                                                     Federal Pell Grants under section 401(k).’’.           tion and fees described in item (aa) and any
                                             shall assess, develop, budget for, and imple-              (b) TECHNICAL CORRECTIONS.—Section 481(d)           grant aid (which does not need to be repaid)
                                             ment plans, policies, and actions—                      of the Higher Education Act of 1965 (20 U.S.C.         provided to the student;
                                               (1) to bolster the diplomatic presence of             1088(d)) is amended—                                     ‘‘(cc) the completion rate of the program;
                                             the United States in Arctic nations, includ-               (1) in paragraph (4)—
                                             ing through enhancements to diplomatic                                                                           ‘‘(dd) the percentage of students placed or
                                                                                                        (A) in subparagraph (A), by striking                retained in employment, measured at not
                                             missions and facilities, participation in re-           ‘‘under section 12301(a), 12301(g), 12302, 12304,
                                             gional and bilateral dialogues related to Arc-                                                                 less than 6 months and 1 year, respectively,
                                                                                                     or 12306 of title 10, United States Code, or           after completion of the program;
                                             tic security, and coordination of United                any retired member of an Armed Force or-
                                             States initiatives and assistance programs                                                                       ‘‘(ee) total earnings of students who com-
                                                                                                     dered to active duty under section 688 of              plete the program not less than 6 months
                                             across agencies to protect the national secu-           such title,’’ and inserting ‘‘, or any retired
                                             rity of the United States and its allies and                                                                   after completion of the program;
                                                                                                     member of an Armed Force ordered to active               ‘‘(ff) total earnings of students who do not
                                             partners;                                               duty,’’; and
                                               (2) to enhance the resilience capacities of                                                                  complete the program;
                                                                                                        (B) in subparagraph (B), by striking ‘‘an             ‘‘(gg) the ratio of the amount that is the
                                             Arctic nations to the effects of environ-               Armed Force’’ and inserting ‘‘a Uniformed
                                             mental change and increased civilian and                                                                       difference between required tuition and fees
                                                                                                     Service’’; and                                         and any grant aid provided to the student de-
                                             military activity by Arctic nations and                    (2) in paragraph (5), by striking ‘‘and sup-
                                             other nations that may result from increased                                                                   scribed in item (bb) to the total earnings of
                                                                                                     ported by Federal funds’’.                             students who complete the program not less
                                             accessibility of the Arctic Region;                        (c) CURRENT ENACTMENT OF JOB TRAINING
                                               (3) to assess specific added risks to the Arc-                                                               than 6 months after completion of the pro-
                                                                                                     FEDERAL PELL GRANT PROGRAM.—Section 401
                                             tic Region and Arctic nations that—                     of the Higher Education Act of 1965 (20 U.S.C.         gram described in item (ee);
                                               (A) are vulnerable to the changing Arctic             1070a) is amended by adding at the end the               ‘‘(hh) an explanation, in clear and plain
                                             environment; and                                        following:                                             language, of the ratio described in item (gg);
                                               (B) are strategically significant to the                 ‘‘(k) JOB TRAINING FEDERAL PELL GRANT               and
                                             United States;                                          PROGRAM.—                                                ‘‘(ii) in the case of a job training program
                                               (4) to coordinate the integration of envi-               ‘‘(1) DEFINITIONS.—In this subsection:              that prepares students for a professional li-
                                             ronmental change and national security risk                ‘‘(A) CAREER AND TECHNICAL EDUCATION.—              cense or certification exam, the share of
                                             and vulnerability assessments into the deci-            The term ‘career and technical education’              such students who pass such exams;
                                             sion making process on foreign assistance               has the meaning given the term in section 3              ‘‘(VII) has been determined by the eligible
                                             awards to Greenland;                                    of the Carl D. Perkins Career and Technical            institution of higher education (after valida-
                                               (5) to advance principles of good govern-             Education Act.                                         tion of that determination by an industry or
                                             ance by encouraging and cooperating with                   ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.—               sector partnership or State board or local
                                             Arctic nations on collaborative approaches—                ‘‘(i) IN GENERAL.—The term ‘eligible job            board) to provide academic content, an




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                                               (A) to responsibly manage natural re-                 training program’ means a career and tech-             amount of instructional time, and com-
                                             sources in the Arctic Region;                           nical education program at an eligible insti-          petencies to satisfy any applicable edu-
                                               (B) to share the burden of ensuring mari-             tution of higher education that—                       cational requirement for professional licen-
                                             time safety in the Arctic Region;                          ‘‘(I) provides not less than 150, and not           sure or certification, so that the student who
                                               (C) to prevent the escalation of security             more than 600, clock hours of instructional            completes the program and seeks employ-
                                             tensions by mitigating against the mili-                time over a period of not less than 8 weeks            ment is qualified to take any licensure or
                                             tarization of the Arctic Region;                        and not more than 15 weeks;                            certification examination needed to practice




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                                             S3542                                             CONGRESSIONAL RECORD — SENATE                                                           May 26, 2021
                                             or find employment in such sectors or occu-             gram is meeting the requirements of an eli-            graph (1)(B)(i)(V) with respect to whether the
                                             pations that the program prepares students              gible job training program described in this           students who complete the program receive a
                                             to enter;                                               subsection.                                            median increase of 20 percent of such stu-
                                                ‘‘(VIII) has been in operation for not less             ‘‘(v) REVOCATION OF APPROVAL BY THE SEC-            dents’ total earnings. For the purposes of
                                             than 1 year prior to becoming an eligible job           RETARY.—If at any time the Secretary deter-            this paragraph, the Secretary shall deter-
                                             training program under this subsection;                 mines that a program previously approved               mine such percentage increase by calcu-
                                                ‘‘(IX) does not exceed by more than 50 per-          under clause (ii) or (iii) is no longer meeting        lating the difference between the total earn-
                                             cent the minimum number of clock hours re-              any of the requirements of an eligible job             ings of students who enroll in such programs
                                             quired by a State to receive a professional li-         training program described in this sub-                not more than 6 months prior to enrollment,
                                             cense or certification in the State, if the             section, the Secretary—                                and the earnings of students who complete
                                             State has established such a requirement;                  ‘‘(I) shall deny a subsequent renewal of ap-        such program not more than 6 months after
                                                ‘‘(X) includes institutional credit articula-        proval in accordance with clause (iii) for             completing such program.
                                             tion for a student enrolled in a noncredit job          such program after the expiration of the ap-
                                                                                                                                                              ‘‘(B) DATE OF EFFECT.—The requirement
                                             training program;                                       proval period;
                                                                                                                                                            under this paragraph shall take effect begin-
                                                ‘‘(XI) is not offered exclusively through               ‘‘(II) may withdraw approval for such pro-
                                                                                                                                                            ning on the date that is 1 year after the date
                                             distance education or a correspondence                  gram before the expiration of the approval
                                             course, except as determined by the Sec-                period;                                                the program has been approved as an eligible
                                             retary to be necessary, on a temporary basis,              ‘‘(III) shall ensure students who enrolled in       job training program under this subsection.
                                             in connection with a—                                   such programs have access to transcripts for             ‘‘(3) APPEAL OF EARNINGS INFORMATION.—
                                                ‘‘(aa) major disaster or emergency declared          completed coursework without a fee or mon-             The Secretary’s determination under para-
                                             by the President under section 401 or 501 of            etary charge and without regard to any bal-            graph (2) may include an appeals process to
                                             the Robert T. Stafford Disaster Relief and              ance owed to the institution; and                      permit job training programs to submit al-
                                             Emergency Assistance Act (42 U.S.C. 5170                   ‘‘(IV) shall prohibit such program and any          ternate discretionary or total earnings data,
                                             and 5191); or                                           substantially similar program, from being              respectively, provided that such data are sta-
                                                ‘‘(bb) national emergency declared by the            considered an eligible job training described          tistically rigorous, accurate, comparable,
                                             President under section 201 of the National             in this subsection for a period of not less            and representative of students who complete
                                             Emergencies Act (50 U.S.C. 1601 et seq.);               than 5 years.                                          the program.
                                                ‘‘(XII) is provided not less than 50 percent            ‘‘(vi) ADDITIONAL ASSURANCE BY STATE                  ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec-
                                             directly by the eligible institution of higher          BOARD.—The Secretary shall not determine               retary shall award Federal Pell Grants to
                                             education;                                              that a program is an eligible job training             students in eligible job training programs
                                                ‘‘(XIII) may include integrated education            program in accordance with clause (ii) unless          (referred to as a ‘job training Federal Pell
                                             and training; and                                       the Secretary receives a certification from            Grant’). Each eligible job training Federal
                                                ‘‘(XIV) may be offered as part of a program          the State board representing the State in              Pell Grant awarded under this subsection
                                             that—                                                   which the eligible job training program is             shall have the same terms and conditions,
                                                ‘‘(aa) meets the requirements of section             provided, containing an assurance that the             and be awarded in the same manner, as other
                                             484(d)(2);                                              program meets the requirements of clause               Federal Pell Grants awarded under sub-
                                                ‘‘(bb) is part of a career pathway, as de-           (i).                                                   section (b), except a student who is eligible
                                             fined in section 3 of the Workforce Innova-                ‘‘(C) TOTAL EARNINGS.—For the purposes of           to receive a job training Federal Pell Grant
                                             tion and Opportunity Act; and                           this subsection, the term ‘total earnings’             under this subsection is a student who—
                                                ‘‘(cc) is aligned to a program of study, as          means the median annual earnings.                        ‘‘(A)     has     not    yet    attained    a
                                             defined in section 3 of the Carl D. Perkins                ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU-           postbaccalaureate degree;
                                             Career and Technical Education Act of 2006.             CATION.—For the purposes of this subsection,             ‘‘(B) is enrolled, or accepted for enroll-
                                                ‘‘(ii) APPROVAL BY THE SECRETARY.—                   the term ‘eligible institution of higher edu-          ment, in an eligible job training program at
                                                ‘‘(I) IN GENERAL.—In the case of a program           cation’ means—                                         an eligible institution of higher education;
                                             that is seeking to establish initial eligibility           ‘‘(i) an institution of higher education, as        and
                                             as an eligible job training program under               defined in section 101;                                  ‘‘(C) meets all other eligibility require-
                                             this subparagraph, the Secretary shall make                ‘‘(ii) a postsecondary vocational institu-          ments for a Federal Pell Grant (except with
                                             a determination whether the program meets               tion, as defined in section 102(c); and                respect to the type of program of study, as
                                             the requirements of this subparagraph not                  ‘‘(iii) an institution of higher education—         provided in subparagraph (B)).
                                             more than 120 days after the date on which                 ‘‘(I) approved by an accrediting agency or            ‘‘(5) AMOUNT OF AWARD.—The amount of a
                                             such program is submitted for consideration             association that meets the requirements of             job training Federal Pell Grant for an eligi-
                                             as an eligible job training program. If the             section 496(a)(4)(C);
                                                                                                                                                            ble student shall be determined under sub-
                                             Secretary determines the program meets the                 ‘‘(II) that has not been a proprietary insti-
                                                                                                                                                            section (b), except that a student who is eli-
                                             requirements of this paragraph, the Sec-                tution of higher education, as defined in sec-
                                                                                                                                                            gible for less than the minimum Federal Pell
                                             retary shall grant an initial period of ap-             tion 102(b), within the previous 3 years; and
                                                                                                                                                            Grant because the eligible job training pro-
                                             proval of 2 years. The Secretary shall enable              ‘‘(III) that has not been subject, during any
                                                                                                                                                            gram is less than an academic year (in clock-
                                             institutions to apply for eligible job training         of the preceding 5 years, to—
                                             program approval not later than 1 year after               ‘‘(aa) any suspension, emergency action, or         hours and weeks of instructional time) may
                                             the date of enactment of the United States              termination of programs under this title;              still be eligible for a Federal Pell Grant.
                                             Innovation and Competition Act of 2021.                    ‘‘(bb) any adverse action by the institu-             ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE-
                                                ‘‘(II) PUBLICATION OF APPLICATION.—Not               tion’s accrediting agency or association; or           RIOD.—Any period during which a student re-
                                             later than 1 year after date of enactment of               ‘‘(cc) any action by the State to revoke a          ceives a job training Federal Pell Grant
                                             the United States Innovation and Competi-               license or other authority to operate.                 under this subsection shall be included in
                                             tion Act of 2021, the Secretary shall publish              ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.—           calculating the student’s period of eligibility
                                             the application for job training programs to            The term ‘institutional credit articulation’           for Federal Pell Grants under subsection (d),
                                             submit for approval as eligible job training            means the situation where an institution of            and the eligibility requirements regarding
                                             programs. The information required to deter-            higher education provides a student who has            students who are enrolled in an under-
                                             mine eligibility in such application shall be           completed a noncredit program with the                 graduate program on less than a full-time
                                             consistent with the requirements described              equivalent academic credit that may be ap-             basis shall similarly apply to students who
                                             in this subparagraph.                                   plied to a subsequent credit-bearing certifi-          are enrolled in an eligible job training pro-
                                                ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC-              cate or degree program upon enrollment in              gram at an eligible institution of higher edu-
                                             RETARY.—An eligible job training program                such program at such institution.                      cation on less than a full-time basis.
                                             that desires to continue eligibility as an eli-            ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus-             ‘‘(7) SAME PAYMENT PERIOD.—No student
                                             gible job training program after the period of          try or sector partnership’, ‘in-demand indus-          may for the same payment period receive
                                             initial approval described in clause (ii), or           try sector or occupation’, ‘recognized post-           both a job training Federal Pell Grant under
                                             the subsequent period described in this                 secondary credential’, ‘local board’, and              this subsection and a Federal Pell Grant
                                             clause, shall submit a renewal application to           ‘State board’ have the meanings given such             under this section.
                                             the Secretary (with such information as the             terms in section 3 of the Workforce Innova-              ‘‘(8) INTERAGENCY DATA SHARING AND DATA
                                             Secretary may require), not more than 270               tion and Opportunity Act.                              COLLECTION.—
                                             days and not less than 180 days before the                 ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE-                ‘‘(A) INTERAGENCY DATA SHARING.—The Sec-
                                             end of the previous approval period. If the             MENT.—                                                 retary shall coordinate and enter into a data




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                                             Secretary determines the program meets                     ‘‘(A) IN GENERAL.—Subject to subparagraph           sharing agreement with the Secretary of
                                             such requirements, the Secretary shall grant            (B), as a condition of participation under             Labor to ensure access to data necessary to
                                             another period of approval for 3 years.                 this subsection, the Secretary shall, using            implement this paragraph, including such
                                                ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.—            the data collected under paragraph (8) and             data related to indicators of performance
                                             The Secretary shall periodically review a               such other information as the Secretary may            collected under section 116 of the Workforce
                                             program previously approved under clause                require, determine whether such job training           Innovation and Opportunity Act (29 U.S.C.
                                             (ii) or (iii) to determine whether such pro-            program meets the requirements of para-                3141).




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S3543
                                               ‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO-              collection, provided that such data are sta-             ‘‘(bb) the difference between required tui-
                                             GRAMS.—Except as provided under subpara-                tistically rigorous, accurate, comparable,             tion and fees described in item (aa) and any
                                             graph (C), each institution of higher edu-              and representative.                                    grant aid (which does not need to be repaid)
                                             cation offering an eligible job training pro-             ‘‘(D) REPORT.—Not later than July 1, 2025,           provided to the student;
                                             gram for which the Secretary awards job                 the Secretary shall—                                     ‘‘(cc) the completion rate of the program;
                                             training Federal Pell Grants under this sub-              ‘‘(i) submit to the Committee on Health,               ‘‘(dd) the percentage of students placed or
                                             section, the Secretary shall, on at least an            Education, Labor, and Pensions of the Sen-             retained in employment, measured at not
                                             annual basis, collect and publish data with             ate and the Committee on Education and                 less than 6 months and 1 year, respectively,
                                             respect to each such eligible job training              Labor of the House of Representatives a re-            after completion of the program;
                                             program, including the following:                       port on the impact of an eligible job training           ‘‘(ee) total earnings of students who com-
                                               ‘‘(i) The number and demographics of stu-             program for which the Secretary awards job             plete the program not less than 6 months
                                             dents who enroll in the program, including,             training Federal Pell Grants under this sub-           after completion of the program;
                                             at a minimum, disaggregated by—                         section, based on the most recent data col-              ‘‘(ff) total earnings of students who do not
                                               ‘‘(I) sex;                                            lected under subparagraph (B); and                     complete the program;
                                               ‘‘(II) race and ethnicity;                              ‘‘(ii) make the report described in clause (i)         ‘‘(gg) the ratio of the amount that is the
                                               ‘‘(III) classification as a student with a dis-       available publicly on the website of the De-           difference between required tuition and fees
                                             ability;                                                partment.’’.                                           and any grant aid provided to the student de-
                                               ‘‘(IV) income quintile, as defined by the               (d) FUTURE ENACTMENT OF JOB TRAINING                 scribed in item (bb) to the total earnings of
                                             Secretary;                                              FEDERAL PELL GRANT PROGRAM.—                           students who complete the program not less
                                               ‘‘(V) recipients of assistance under a tui-             (1) IN GENERAL.—Section 401 of the Higher            than 6 months after completion of the pro-
                                             tion assistance program conducted by the                Education Act of 1965 (20 U.S.C. 1070a), as            gram described in item (ee);
                                             Department of Defense under section 1784a or            amended by section 703 of the FAFSA Sim-                 ‘‘(hh) an explanation, in clear and plain
                                             2007 of title 10, United States Code (or other          plification Act (title VII of division FF of           language, of the ratio described in item (gg);
                                             authorities available to the Department of              Public Law 116–260), is further amended by             and
                                             Defense), or status as a veteran;                       adding at the end the following:                         ‘‘(ii) in the case of a job training program
                                               ‘‘(VI) status as a first-time student or                ‘‘(k) JOB TRAINING FEDERAL PELL GRANT                that prepares students for a professional li-
                                             transfer student from another institution;              PROGRAM.—                                              cense or certification exam, the share of
                                               ‘‘(VII) status as a first-generation student;           ‘‘(1) DEFINITIONS.—In this subsection:               such students who pass such exams;
                                               ‘‘(VIII) status as parent or guardian of 1 or           ‘‘(A) CAREER AND TECHNICAL EDUCATION.—                 ‘‘(VII) has been determined by the eligible
                                             more dependent children; and                            The term ‘career and technical education’              institution of higher education (after valida-
                                               ‘‘(IX) status as a confined or incarcerated           has the meaning given the term in section 3            tion of that determination by an industry or
                                             individual,      as   defined    under   section        of the Carl D. Perkins Career and Technical            sector partnership or State board or local
                                             484(t)(1)(A).                                           Education Act.                                         board) to provide academic content, an
                                               ‘‘(ii) The number and demographics,                     ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.—                amount of instructional time, and com-
                                             disaggregated by the categories listed in                 ‘‘(i) IN GENERAL.—The term ‘eligible job             petencies to satisfy any applicable edu-
                                             clause (i), including, at a minimum, of—                training program’ means a career and tech-             cational requirement for professional licen-
                                               ‘‘(I) students who complete the program;              nical education program at an eligible insti-          sure or certification, so that the student who
                                             and                                                     tution of higher education that—                       completes the program and seeks employ-
                                               ‘‘(II) students who do not complete the pro-            ‘‘(I) provides not less than 150, and not            ment is qualified to take any licensure or
                                             gram.                                                   more than 600, clock hours of instructional            certification examination needed to practice
                                               ‘‘(iii) The required tuition and fees of the          time over a period of not less than 8 weeks            or find employment in such sectors or occu-
                                             program.                                                and not more than 15 weeks;                            pations that the program prepares students
                                               ‘‘(iv)     The     earnings     of   students,          ‘‘(II) provides training aligned with the re-        to enter;
                                             disaggregated by the categories listed in               quirements of high-skill, high-wage, or in-de-           ‘‘(VIII) has been in operation for not less
                                             clause (i), including, at a minimum—                    mand industry sectors or occupations in the            than 1 year prior to becoming an eligible job
                                               ‘‘(I) total earnings of students who com-             State or local area in which the job training          training program under this subsection;
                                             plete the program; and                                  program is provided, as determined by—                   ‘‘(IX) does not exceed by more than 50 per-
                                               ‘‘(II) total earnings of students who do not            ‘‘(aa) a State board or local board;                 cent the minimum number of clock hours re-
                                             complete the program.                                     ‘‘(bb) a State plan, as described in section         quired by a State to receive a professional li-
                                               ‘‘(v) Additional outcomes of the students             122(d)(13)(C) of the Carl D. Perkins Career            cense or certification in the State, if the
                                             who complete the program, disaggregated by              and Technical Education Act of 2006; or                State has established such a requirement;
                                             the categories listed in clause (i), including,           ‘‘(cc) a comprehensive local needs assess-             ‘‘(X) includes institutional credit articula-
                                             at a minimum—                                           ment, as described in section 134(c) of the            tion for a student enrolled in a noncredit job
                                               ‘‘(I) the completion rate of such students;           Carl D. Perkins Career and Technical Edu-              training program;
                                               ‘‘(II) the percentage of such students                cation Act of 2006;                                      ‘‘(XI) is not offered exclusively through
                                             placed or retained in employment, measured                ‘‘(III) is a program—                                distance education or a correspondence
                                             at not less than 6 months and 1 year, respec-             ‘‘(aa) provided through an eligible training         course, except as determined by the Sec-
                                             tively, after completion of the program;                provider, as described under section 122(d) of         retary to be necessary, on a temporary basis,
                                               ‘‘(III) in the case of a job training program         the Workforce Innovation and Opportunity               in connection with a—
                                             that prepares students for a professional li-           Act; and                                                 ‘‘(aa) major disaster or emergency declared
                                             cense or certification exam, the share of                 ‘‘(bb) subject to the reporting requirements         by the President under section 401 or 501 of
                                             such students who pass such exams;                      of section 116(d)(4) of the Workforce Innova-          the Robert T. Stafford Disaster Relief and
                                               ‘‘(IV) the share of such students who con-            tion and Opportunity Act, or would be sub-             Emergency Assistance Act (42 U.S.C. 5170
                                             tinue enrollment at the institution of higher           ject to such requirements except for a waiver          and 5191); or
                                             education offering the program within 1                 issued to a State under section 189(i) of the            ‘‘(bb) national emergency declared by the
                                             year;                                                   Workforce Innovation and Opportunity Act;              President under section 201 of the National
                                               ‘‘(V) the share of such students who trans-             ‘‘(IV) provides a student, upon completion           Emergencies Act (50 U.S.C. 1601 et seq.);
                                             fer to another institution of higher edu-               of the program, with a degree or recognized              ‘‘(XII) is provided not less than 50 percent
                                             cation within 1 year; and                               postsecondary credential that is stackable             directly by the eligible institution of higher
                                               ‘‘(VI) the share of such students who com-            and portable across multiple employers and             education;
                                             plete a subsequent certificate or degree pro-           geographical areas;                                      ‘‘(XIII) may include integrated education
                                             gram within 6 years.                                      ‘‘(V) has demonstrated that students who             and training; and
                                               ‘‘(C) EXCEPTIONS.—Notwithstanding any                 complete the program receive a median in-                ‘‘(XIV) may be offered as part of a program
                                             other provision of this paragraph—                      crease of 20 percent of the total earnings of          that—
                                               ‘‘(i) if disclosure of disaggregated data             students who complete the program, in ac-                ‘‘(aa) meets the requirements of section
                                             under subparagraph (B) is prohibited from               cordance with paragraph (2);                           484(d)(2);
                                             disclosure due to applicable privacy restric-             ‘‘(VI) publishes prominently on the website            ‘‘(bb) is part of a career pathway, as de-
                                             tions, the Secretary may take such steps as             of the institution, and provides a written dis-        fined in section 3 of the Workforce Innova-
                                             the Secretary determines necessary to pro-              closure to each prospective student prior to           tion and Opportunity Act; and
                                             vide meaningful disaggregated student de-               entering into an enrollment agreement for                ‘‘(cc) is aligned to a program of study, as
                                             mographic or outcome information, includ-               such program (which each such student shall            defined in section 3 of the Carl D. Perkins




dlhill on DSK120RN23PROD with SENATE
                                             ing by combining categories; and                        confirm receiving through a written affirma-           Career and Technical Education Act of 2006.
                                               ‘‘(ii) an institution may submit, and the             tion prior to entering such enrollment agree-            ‘‘(ii) APPROVAL BY THE SECRETARY.—
                                             Secretary may publish, data required to be              ment) containing, at a minimum, the fol-                 ‘‘(I) IN GENERAL.—In the case of a program
                                             collected under subparagraph (B) that is ob-            lowing information calculated, as applicable,          that is seeking to establish initial eligibility
                                             tained through a State Unemployment In-                 in accordance with paragraph (8)—                      as an eligible job training program under
                                             surance Agency or through other supple-                   ‘‘(aa) the required tuition and fees of the          this subparagraph, the Secretary shall make
                                             mental means, in lieu of any additional data            program;                                               a determination whether the program meets




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                                             S3544                                             CONGRESSIONAL RECORD — SENATE                                                            May 26, 2021
                                             the requirements of this subparagraph not                 ‘‘(iii) an institution of higher education—            ‘‘(5) AMOUNT OF AWARD.—The amount of a
                                             more than 120 days after the date on which                ‘‘(I) approved by an accrediting agency or           job training Federal Pell Grant for an eligi-
                                             such program is submitted for consideration             association that meets the requirements of             ble student shall be determined under sub-
                                             as an eligible job training program. If the             section 496(a)(4)(C);                                  section (b), except that a student who is eli-
                                             Secretary determines the program meets the                ‘‘(II) that has not been a proprietary insti-        gible for less than the minimum Federal Pell
                                             requirements of this paragraph, the Sec-                tution of higher education, as defined in sec-         Grant because the eligible job training pro-
                                             retary shall grant an initial period of ap-             tion 102(b), within the previous 3 years; and          gram is less than an academic year (in clock-
                                             proval of 2 years. The Secretary shall enable             ‘‘(III) that has not been subject, during any        hours and weeks of instructional time) may
                                             institutions to apply for eligible job training         of the preceding 5 years, to—                          still be eligible for a Federal Pell Grant.
                                             program approval not later than 1 year after              ‘‘(aa) any suspension, emergency action, or            ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE-
                                             the date of enactment of the United States              termination of programs under this title;              RIOD.—Any period during which a student re-
                                             Innovation and Competition Act of 2021.                   ‘‘(bb) any adverse action by the institu-            ceives a job training Federal Pell Grant
                                                ‘‘(II) PUBLICATION OF APPLICATION.—Not               tion’s accrediting agency or association; or           under this subsection shall be included in
                                             later than 1 year after date of enactment of              ‘‘(cc) any action by the State to revoke a           calculating the student’s period of eligibility
                                             the United States Innovation and Competi-               license or other authority to operate.                 for Federal Pell Grants under subsection (d),
                                             tion Act of 2021, the Secretary shall publish             ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.—            and the eligibility requirements regarding
                                             the application for job training programs to            The term ‘institutional credit articulation’           students who are enrolled in an under-
                                             submit for approval as eligible job training            means the situation where an institution of            graduate program on less than a full-time
                                             programs. The information required to deter-            higher education provides a student who has
                                                                                                                                                            basis shall similarly apply to students who
                                             mine eligibility in such application shall be           completed a noncredit program with the
                                                                                                                                                            are enrolled in an eligible job training pro-
                                             consistent with the requirements described              equivalent academic credit that may be ap-
                                                                                                                                                            gram at an eligible institution of higher edu-
                                             in this subparagraph.                                   plied to a subsequent credit-bearing certifi-
                                                                                                                                                            cation on less than a full-time basis.
                                                ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC-              cate or degree program upon enrollment in
                                                                                                                                                              ‘‘(7) SAME PAYMENT PERIOD.—No student
                                             RETARY.—An eligible job training program                such program at such institution.
                                                                                                                                                            may for the same payment period receive
                                             that desires to continue eligibility as an eli-           ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus-
                                                                                                                                                            both a job training Federal Pell Grant under
                                             gible job training program after the period of          try or sector partnership’, ‘in-demand indus-
                                             initial approval described in clause (ii), or           try sector or occupation’, ‘recognized post-           this subsection and a Federal Pell Grant
                                             the subsequent period described in this                 secondary credential’, ‘local board’, and              under this section.
                                             clause, shall submit a renewal application to           ‘State board’ have the meanings given such               ‘‘(8) INTERAGENCY DATA SHARING AND DATA
                                                                                                                                                            COLLECTION.—
                                             the Secretary (with such information as the             terms in section 3 of the Workforce Innova-
                                             Secretary may require), not more than 270               tion and Opportunity Act.                                ‘‘(A) INTERAGENCY DATA SHARING.—The Sec-
                                             days and not less than 180 days before the                ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE-               retary shall coordinate and enter into a data
                                             end of the previous approval period. If the             MENT.—                                                 sharing agreement with the Secretary of
                                             Secretary determines the program meets                    ‘‘(A) IN GENERAL.—Subject to subparagraph            Labor to ensure access to data necessary to
                                             such requirements, the Secretary shall grant            (B), as a condition of participation under             implement this paragraph, including such
                                             another period of approval for 3 years.                 this subsection, the Secretary shall, using            data related to indicators of performance
                                                ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.—            the data collected under paragraph (8) and             collected under section 116 of the Workforce
                                             The Secretary shall periodically review a               such other information as the Secretary may            Innovation and Opportunity Act (29 U.S.C.
                                             program previously approved under clause                require, determine whether such job training           3141).
                                             (ii) or (iii) to determine whether such pro-            program meets the requirements of para-                  ‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO-
                                             gram is meeting the requirements of an eli-             graph (1)(B)(i)(V) with respect to whether the         GRAMS.—Except as provided under subpara-
                                             gible job training program described in this            students who complete the program receive a            graph (C), each institution of higher edu-
                                             subsection.                                             median increase of 20 percent of such stu-             cation offering an eligible job training pro-
                                                ‘‘(v) REVOCATION OF APPROVAL BY THE SEC-             dents’ total earnings. For the purposes of             gram for which the Secretary awards job
                                             RETARY.—If at any time the Secretary deter-             this paragraph, the Secretary shall deter-             training Federal Pell Grants under this sub-
                                             mines that a program previously approved                mine such percentage increase by calcu-                section, the Secretary shall, on at least an
                                             under clause (ii) or (iii) is no longer meeting         lating the difference between the total earn-          annual basis, collect and publish data with
                                             any of the requirements of an eligible job              ings of students who enroll in such programs           respect to each such eligible job training
                                             training program described in this sub-                 not more than 6 months prior to enrollment,            program, including the following:
                                             section, the Secretary—                                 and the earnings of students who complete                ‘‘(i) The number and demographics of stu-
                                                ‘‘(I) shall deny a subsequent renewal of ap-         such program not more than 6 months after              dents who enroll in the program, including,
                                             proval in accordance with clause (iii) for              completing such program.                               at a minimum, disaggregated by—
                                             such program after the expiration of the ap-              ‘‘(B) DATE OF EFFECT.—The requirement                  ‘‘(I) sex;
                                             proval period;                                          under this paragraph shall take effect begin-            ‘‘(II) race and ethnicity;
                                                ‘‘(II) may withdraw approval for such pro-           ning on the date that is 1 year after the date           ‘‘(III) classification as a student with a dis-
                                             gram before the expiration of the approval              the program has been approved as an eligible           ability;
                                             period;                                                 job training program under this subsection.              ‘‘(IV) income quintile, as defined by the
                                                ‘‘(III) shall ensure students who enrolled in          ‘‘(3) APPEAL OF EARNINGS INFORMATION.—               Secretary;
                                             such programs have access to transcripts for            The Secretary’s determination under para-                ‘‘(V) recipients of assistance under a tui-
                                             completed coursework without a fee or mon-              graph (2) may include an appeals process to            tion assistance program conducted by the
                                             etary charge and without regard to any bal-             permit job training programs to submit al-             Department of Defense under section 1784a or
                                             ance owed to the institution; and                       ternate discretionary or total earnings data,          2007 of title 10, United States Code (or other
                                                ‘‘(IV) shall prohibit such program and any           respectively, provided that such data are sta-         authorities available to the Department of
                                             substantially similar program, from being               tistically rigorous, accurate, comparable,             Defense), or status as a veteran;
                                             considered an eligible job training described           and representative of students who complete              ‘‘(VI) status as a first-time student or
                                             in this subsection for a period of not less             the program.                                           transfer student from another institution;
                                             than 5 years.                                             ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec-                ‘‘(VII) status as a first-generation student;
                                                ‘‘(vi) ADDITIONAL ASSURANCE BY STATE                 retary shall award Federal Pell Grants to                ‘‘(VIII) status as parent or guardian of 1 or
                                             BOARD.—The Secretary shall not determine                students in eligible job training programs             more dependent children; and
                                             that a program is an eligible job training              (referred to as a ‘job training Federal Pell             ‘‘(IX) status as a confined or incarcerated
                                             program in accordance with clause (ii) unless           Grant’). Each eligible job training Federal            individual,      as   defined    under   section
                                             the Secretary receives a certification from             Pell Grant awarded under this subsection               484(t)(1)(A).
                                             the State board representing the State in               shall have the same terms and conditions,                ‘‘(ii) The number and demographics,
                                             which the eligible job training program is              and be awarded in the same manner, as other            disaggregated by the categories listed in
                                             provided, containing an assurance that the              Federal Pell Grants awarded under sub-                 clause (i), including, at a minimum, of—
                                             program meets the requirements of clause                section (b), except a student who is eligible            ‘‘(I) students who complete the program;
                                             (i).                                                    to receive a job training Federal Pell Grant           and
                                                ‘‘(C) TOTAL EARNINGS.—For the purposes of            under this subsection is a student who—                  ‘‘(II) students who do not complete the pro-
                                             this subsection, the term ‘total earnings’                ‘‘(A)     has     not     yet    attained   a        gram.
                                             means the median annual earnings.                       postbaccalaureate degree;                                ‘‘(iii) The required tuition and fees of the
                                                ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU-              ‘‘(B) is enrolled, or accepted for enroll-           program.




dlhill on DSK120RN23PROD with SENATE
                                             CATION.—For the purposes of this subsection,            ment, in an eligible job training program at             ‘‘(iv)     The     earnings     of   students,
                                             the term ‘eligible institution of higher edu-           an eligible institution of higher education;           disaggregated by the categories listed in
                                             cation’ means—                                          and                                                    clause (i), including, at a minimum—
                                                ‘‘(i) an institution of higher education, as           ‘‘(C) meets all other eligibility require-             ‘‘(I) total earnings of students who com-
                                             defined in section 101;                                 ments for a Federal Pell Grant (except with            plete the program; and
                                                ‘‘(ii) a postsecondary vocational institu-           respect to the type of program of study, as              ‘‘(II) total earnings of students who do not
                                             tion, as defined in section 102(c); and                 provided in subparagraph (B)).                         complete the program.




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                                             May 26, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                  S3545
                                                ‘‘(v) Additional outcomes of the students              (3) by adding at the end the following:                     COMMITTEE ON SMALL BUSINESS AND
                                             who complete the program, disaggregated by                ‘‘(C) if such agency or association has or                         ENTREPRENEURSHIP
                                             the categories listed in clause (i), including,         seeks to include within its scope of recogni-            The Committee on Small Business
                                             at a minimum—                                           tion the evaluation of the quality of institu-         and Entrepreneurship is authorized to
                                                ‘‘(I) the completion rate of such students;          tions of higher education participating in
                                                ‘‘(II) the percentage of such students
                                                                                                                                                            meet during the session of the Senate
                                                                                                     the job training Federal Pell Grant program
                                             placed or retained in employment, measured              under section 401(k), such agency or associa-          on Wednesday, May 26, 2021, at 1:30
                                             at not less than 6 months and 1 year, respec-           tion shall, in addition to meeting the other           p.m., to conduct a hearing.
                                             tively, after completion of the program;                requirements of this subpart, demonstrate to                   COMMITTEE ON VETERANS’ AFFAIRS
                                                ‘‘(III) in the case of a job training program        the Secretary that, with respect to such eli-            The Committee on Veterans’ Affairs
                                             that prepares students for a professional li-           gible job training programs (as defined in
                                             cense or certification exam, the share of
                                                                                                                                                            is authorized to meet during the ses-
                                                                                                     that subsection)—
                                             such students who pass such exams;                                                                             sion of the Senate on Wednesday, May
                                                                                                       ‘‘(i) the agency or association’s standards
                                                ‘‘(IV) the share of such students who con-           include a process for determining if the in-           26, 2021, at 10 a.m., to conduct a hearing
                                             tinue enrollment at the institution of higher           stitution has the capability to effectively            on nominations and pending legisla-
                                             education offering the program within 1                 offer an eligible job training program; and            tion.
                                             year;                                                     ‘‘(ii) the agency or association requires a                 SELECT COMMITTEE ON INTELLIGENCE
                                                ‘‘(V) the share of such students who trans-          demonstration that the program—
                                             fer to another institution of higher edu-                                                                        The Select Committee on Intel-
                                                                                                       ‘‘(I) has identified each recognized postsec-
                                             cation within 1 year; and                                                                                      ligence is authorized to meet during
                                                                                                     ondary credential offered in the relevant in-
                                                ‘‘(VI) the share of such students who com-           dustry in the State or local area where the            the session of the Senate on Wednes-
                                             plete a subsequent certificate or degree pro-           industry is located; and                               day, May 26, 2021, at 2:30 p.m., to con-
                                             gram within 6 years.                                      ‘‘(II) provides academic content, an                 duct a closed hearing.
                                                ‘‘(C) EXCEPTIONS.—Notwithstanding any                amount of instructional time, and com-                        SUBCOMMITTEE ON STRATEGIC FORCES
                                             other provision of this paragraph—                      petencies to satisfy any applicable edu-
                                                ‘‘(i) if disclosure of disaggregated data                                                                     The Subcommittee on Strategic
                                                                                                     cational requirement for professional licen-
                                             under subparagraph (B) is prohibited from                                                                      Forces of the Committee on Armed
                                                                                                     sure or certification, so that a student who
                                             disclosure due to applicable privacy restric-           completes the program and seeks employ-                Services is authorized to meet during
                                             tions, the Secretary may take such steps as             ment is qualified to take any licensure or             the session of the Senate on Wednes-
                                             the Secretary determines necessary to pro-              certification examination needed to practice           day, May 26, 2021, at 4:30 p.m., to con-
                                             vide meaningful disaggregated student de-               or find employment in the sectors or occupa-           duct a hearing.
                                             mographic or outcome information, includ-               tions that the program prepares students to                   SUBCOMMITTEE ON NATIONAL PARKS
                                             ing by combining categories; and                        enter.’’.
                                                ‘‘(ii) an institution may submit, and the                                                                     The Subcommittee on National
                                             Secretary may publish, data required to be                                                                     Parks of the Committee on Energy and
                                                                                                                       f
                                             collected under subparagraph (B) that is ob-                                                                   Natural Resources is authorized to
                                             tained through a State Unemployment In-                                                                        meet during the session of the Senate
                                             surance Agency or through other supple-                  AUTHORITY FOR COMMITTEES TO
                                                                                                                                                            on Wednesday, May 26, 2021, at 10 a.m.,
                                             mental means, in lieu of any additional data                             MEET
                                                                                                                                                            to conduct a hearing.
                                             collection, provided that such data are sta-
                                                                                                       Mr. DURBIN. Mr. President, I have 10                                   f
                                             tistically rigorous, accurate, comparable,
                                             and representative.                                     requests for committees to meet during
                                                                                                     today’s session of the Senate. They                         PRIVILEGES OF THE FLOOR
                                                ‘‘(D) REPORT.—Not later than July 1, 2025,
                                             the Secretary shall—                                    have the approval of the Majority and                    Ms. ERNST. Mr. President, I ask
                                                ‘‘(i) submit to the Committee on Health,             Minority leaders.                                      unanimous      consent    that   Stephen
                                             Education, Labor, and Pensions of the Sen-                Pursuant to rule XXVI, paragraph                     Voline, a legislative defense fellow in
                                             ate and the Committee on Education and                  5(a), of the Standing Rules of the Sen-                my office, be granted floor privileges
                                             Labor of the House of Representatives a re-             ate, the following committees are au-                  for the remainder of the day.
                                             port on the impact of an eligible job training
                                                                                                     thorized to meet during today’s session                  The PRESIDING OFFICER. Without
                                             program for which the Secretary awards job
                                             training Federal Pell Grants under this sub-            of the Senate:                                         objection, it is so ordered.
                                             section, based on the most recent data col-             COMMITTEE ON BANKING, HOUSING, AND URBAN                 Mr. BROWN. Mr. President, I ask
                                             lected under subparagraph (B); and                                      AFFAIRS                                unanimous       consent    that   Megan
                                                ‘‘(ii) make the report described in clause (i)         The Committee on Banking, Housing,                   Malara, a legislative fellow in my of-
                                             available publicly on the website of the De-            and Urban Affairs is authorized to                     fice, be granted floor privileges for the
                                             partment.’’.                                            meet during the session of the Senate                  remainder of the 117th Congress.
                                                (2) EFFECTIVE DATE.—The amendment                                                                             The PRESIDING OFFICER. Without
                                                                                                     on Wednesday, May 26, 2021, at 10 a.m.,
                                             made by paragraph (1) shall take effect as if
                                                                                                     to conduct a hearing.                                  objection, it is so ordered.
                                             included in section 703 of the FAFSA Sim-
                                             plification Act (title VII of division FF of                 COMMITTEE ON ENVIRONMENT AND PUBLIC                                 f
                                             Public Law 116–260).                                                        WORKS
                                                                                                                                                             ORDERS FOR THURSDAY, MAY 27,
                                                (e) WORKFORCE INNOVATION AND OPPOR-                    The Committee on Environment and
                                             TUNITY ACT AMENDMENT.—Section 116(i) of
                                                                                                                                                                                2021
                                                                                                     Public Works is authorized to meet
                                             the Workforce Innovation and Opportunity                                                                         Mr. SCHUMER. Madam President, I
                                             Act (29 U.S.C. 3141(i)) is amended by adding
                                                                                                     during the session of the Senate on
                                                                                                     Wednesday, May 26, 2021, at 9:45 a.m.,                 ask unanimous consent that when the
                                             at the end the following:
                                                                                                     to conduct a hearing nominations and                   Senate completes its business today, it
                                                ‘‘(4) INTERAGENCY DATA SHARING FOR JOB
                                             TRAINING FEDERAL PELL GRANT PROGRAM.—                   pending legislation.                                   adjourn until 10 a.m., Thursday, May
                                             The Secretary of Labor shall coordinate and                          COMMITTEE ON FINANCE
                                                                                                                                                            27; that following the prayer and
                                             enter into a data sharing agreement with the                                                                   pledge, the morning hour be deemed
                                                                                                       The Committee on Finance is author-
                                             Secretary of Education to ensure access to                                                                     expired, the Journal of proceedings be
                                                                                                     ized to meet during the session of the
                                             data necessary to implement section 401(k)                                                                     approved to date, the time for the two
                                             of the Higher Education Act of 1965 (20 U.S.C.          Senate on Wednesday, May 26, 2021, at
                                                                                                                                                            leaders be reserved for their use later
                                             1070a(k)), as added by section 6125 of the              2:30 p.m., to conduct a hearing on
                                                                                                                                                            in the day, and morning business be
                                             United States Innovation and Competition                nominations.
                                                                                                                                                            closed; further, that upon the conclu-
                                             Act of 2021, including such applicable data                      COMMITTEE ON INDIAN AFFAIRS
                                             related to unemployment insurance, wage                                                                        sion of morning business, the Senate
                                                                                                       The Committee on Indian Affairs is                   resume consideration of Calendar No.
                                             information, employment-related outcomes,
                                             and indicators of performance collected                 authorized to meet during the session                  58, S. 1260.
                                             under this section.’’.                                  of the Senate on Wednesday, May 26,                      The PRESIDING OFFICER. Without
                                                (f) ACCREDITING AGENCY RECOGNITION OF                2021, at 2:30 p.m., to conduct a hearing.              objection, it is so ordered.




dlhill on DSK120RN23PROD with SENATE
                                             ELIGIBLE JOB TRAINING PROGRAMS.—Section                           COMMITTEE ON THE JUDICIARY                     Mr. SCHUMER. Madam President, let
                                             496(a)(4) of the Higher Education Act of 1965
                                                                                                       The Committee on the Judiciary is                    me just say that we are making very
                                             (20 U.S.C. 1099b(a)(4)) is amended—
                                                (1) in subparagraph (A), by striking ‘‘and’’         authorized to meet during the session                  good progress. We had a whole bunch of
                                             after the semicolon;                                    of the Senate on Wednesday, May 26,                    amendments again tonight. We have
                                                (2) in subparagraph (B)(ii), by inserting            2021, at 10 a.m., to conduct a hearing on              had more amendments on this bill than
                                             ‘‘and’’ after the semicolon; and                        nominations.                                           on any bill I can recall in a very long



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