Text of Senate Amendment 5002 (Congressional Record, Senate, March 22, 2022, page S1292)
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“Text of Senate Amendment 5002 (Congressional Record, Senate, March 22, 2022, page S1292).”
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S1292 CONGRESSIONAL RECORD — SENATE March 22, 2022
Whereas American Indian, Alaska Native, remained the cultural center of Israel and of DIVISION A—CHIPS AND O-RAN 5G
and Native Hawaiian women have paved the the Jewish people for millennia; EMERGENCY APPROPRIATIONS
way for women in the law, including Native Whereas large, bipartisan supermajorities Sec. 1001. Table of contents.
Hawaiian Emma Kailikapiolono Metcalf in the Senate and the House of Representa- Sec. 1002. Creating Helpful Incentives to
Beckley Nakuina, who served as the first fe- tives voted for the Jerusalem Embassy Act Produce Semiconductors
male judge in Hawaii; of 1995 (Public Law 104–45), which states, as (CHIPS) for America Fund.
Whereas American Indian, Alaska Native, the policy of the United States— Sec. 1003. Appropriations for wireless supply
and Native Hawaiian women are dedicated (1) ‘‘Jerusalem should remain an undivided chain innovation.
public servants, holding important positions city’’;
(2) ‘‘Jerusalem should be recognized as the DIVISION B—ENDLESS FRONTIER ACT
in the Federal judicial branch, the Federal
executive branch, State governments, and capital of the State of Israel’’; and Sec. 2001. Short title; table of contents.
local governments; (3) ‘‘the United States Embassy in Israel Sec. 2002. Definitions.
Whereas American Indian and Alaska Na- should be established in Jerusalem’’; Sec. 2003. Sense of Congress.
Whereas, in 2018, the Trump administra- Sec. 2004. Interagency working group.
tive women have served as remarkable Trib-
tion relocated the United States Embassy in Sec. 2005. Key technology focus areas.
al councilwomen, Tribal court judges, and
Tribal leaders, including Wilma Mankiller, Israel to Jerusalem in accordance with the TITLE I—NSF TECHNOLOGY AND
who— Jerusalem Embassy Act of 1995; INNOVATION
(1) was the first woman elected to serve as Whereas the Biden administration’s plan Sec. 2101. Definitions.
Principal Chief of the Cherokee Nation; and to open a Palestinian consulate in Jerusalem Sec. 2102. Directorate establishment and
(2) fought for Tribal self-determination and could be viewed as a challenge to— purpose.
the improvement of the community infra- (1) Israel’s sovereignty over Jerusalem; and Sec. 2103. Personnel management.
structure of her Tribe; (2) Jerusalem’s status as an undivided city; Sec. 2104. Innovation centers.
Whereas American Indian, Alaska Native, Whereas such plan has received bipartisan Sec. 2105. Transition of NSF programs.
and Native Hawaiian women have also led criticism among members of the Govern- Sec. 2106. Providing scholarships, fellow-
their People through notable acts of public ment of the United States and the Govern- ships, and other student sup-
service, including— ment of Israel; port.
(1) Kaahumanu, who was the first Native Whereas the United States Embassy in Je- Sec. 2107. Research and development.
Hawaiian woman to serve as regent of the rusalem’s Palestinian Affairs Unit already Sec. 2108. Test beds.
Kingdom of Hawaii; and manages, in a timely and effective manner, Sec. 2109. Academic technology transfer.
(2) Polly Cooper of the Oneida Indian Na- the proposed responsibilities of the Biden ad- Sec. 2110. Capacity-building program for de-
tion, who— ministration’s planned Palestinian consulate veloping universities.
(A) walked from central New York to in Jerusalem; and Sec. 2111. Technical assistance.
Valley Forge as part of a relief mission to Whereas the opening and maintenance of a Sec. 2112. Coordination of activities.
provide food for the army led by General new and unnecessary consulate in Jerusalem Sec. 2113. Reporting requirements.
George Washington during the American would require a substantial expenditure of Sec. 2114. Hands-on learning program.
Revolutionary War; and American taxpayer funds: Now, therefore, be Sec. 2115. Intellectual property protection.
(B) was recognized for her courage and it Sec. 2116. Authorization of appropriations
generosity by Martha Washington; Resolved by the Senate (the House of Rep- for the Foundation.
Whereas the United States should continue resentatives concurring), That it is the sense Sec. 2117. Authorization of appropriations
to invest in the future of American Indian, of Congress that— for the Department of Energy.
Alaska Native, and Native Hawaiian women (1) Congress opposes the establishment of a Sec. 2118. Authorization of appropriations
to address the barriers they face, including new Palestinian consulate in Jerusalem; for the Defense Advanced Re-
access to justice, health care, and opportuni- (2) establishing such a consulate would vio- search Projects Agency.
ties for educational and economic advance- late the intent of the Jerusalem Embassy
ment; and TITLE II—NSF RESEARCH, STEM, AND
Act of 1995; GEOGRAPHIC DIVERSITY INITIATIVES
Whereas American Indian, Alaska Native, (3) any establishment of a new consulate or
and Native Hawaiian women are the life diplomatic mission in Jerusalem should not Sec. 2201. Chief Diversity Officer of the NSF.
givers, the culture bearers, and the care- move forward without congressional ap- Sec. 2202. Programs to address the STEM
takers of Native peoples who have made pre- proval through the passage of new legisla- workforce.
cious contributions, enriching the lives of all tion; and Sec. 2203. Emerging research institution
people of the United States: Now, therefore, (4) the presence of a United States diplo- pilot program.
be it matic mission devoted to a non-state actor Sec. 2204. Personnel management authori-
Resolved, That the Senate— in Israel’s sovereign capital would be an af- ties for the Foundation.
(1) celebrates and honors the successes of front to the territorial integrity of a long- Sec. 2205. Advanced Technological Manufac-
American Indian, Alaska Native, and Native standing United States partner and ally. turing Act.
Hawaiian women and the contributions they Sec. 2206. Intramural emerging institutions
have made and continue to make to the f pilot program.
United States; and AMENDMENTS SUBMITTED AND Sec. 2207. Public-private partnerships.
(2) recognizes the importance of supporting PROPOSED Sec. 2208. AI Scholarship-for-Service Act.
equity, providing safety, and upholding the Sec. 2209. Geographic diversity.
interests of American Indian, Alaska Native, SA 5002. Mr. SCHUMER submitted an Sec. 2210. Rural STEM Education Act.
and Native Hawaiian women. amendment intended to be proposed by him Sec. 2211. Quantum Network Infrastructure
to the bill H.R. 4521, to provide for a coordi- and Workforce Development
f
nated Federal research initiative to ensure Act.
SENATE CONCURRENT RESOLU- continued United States leadership in engi- Sec. 2212. Supporting Early-Career Re-
TION 34—TO EXPRESS THE neering biology; which was ordered to lie on searchers Act.
SENSE OF CONGRESS IN OPPOSI- the table. Sec. 2213. Advancing Precision Agriculture
TION TO THE ESTABLISHMENT f Capabilities Act.
Sec. 2214. Critical minerals mining research.
OF A NEW PALESTINIAN CON- TEXT OF AMENDMENTS Sec. 2215. Caregiver policies.
SULATE OR DIPLOMATIC MIS- Sec. 2216. Presidential awards.
SA 5002. Mr. SCHUMER submitted an
SION IN JERUSALEM Sec. 2217. Bioeconomy Research and Devel-
amendment intended to be proposed by
Mr. LEE (for himself, Mr. CASSIDY, opment Act of 2021.
him to the bill H.R. 4521, to provide for
Mr. BRAUN, Mr. SCOTT of Florida, Mrs. Sec. 2218. Microgravity utilization policy.
a coordinated Federal research initia-
HYDE-SMITH, Ms. ERNST, Mr. DAINES, TITLE III—RESEARCH SECURITY
tive to ensure continued United States
Mr. CRAMER, Mr. MARSHALL, Mr. leadership in engineering biology; Sec. 2301. National Science Foundation re-
HOEVEN, Mrs. BLACKBURN, and Mr. search security.
which was ordered to lie on the table; Sec. 2302. Research security and integrity
BOOZMAN) submitted the following con- as follows:
current resolution; which was referred information sharing analysis
Strike all after the enacting clause and in- organization.
to the Committee on Foreign Rela- sert the following: Sec. 2303. Foreign government talent re-
tions:
ctelli on DSK11ZRN23PROD with SENATE
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cruitment program prohibition.
S. CON. RES. 34 (a) SHORT TITLE.—This Act may be cited as Sec. 2304. Additional requirements for Direc-
Whereas the United States recognizes sov- the ‘‘United States Innovation and Competi- torate research security.
ereign nations’ authority to designate their tion Act of 2021’’. Sec. 2305. Protecting research from cyber
own capitals; (b) TABLE OF CONTENTS.—The table of con- theft.
Whereas Jerusalem has served as the diplo- tents for this Act is as follows: Sec. 2306. International standards develop-
matic capital of Israel for decades and has Sec. 1. Short title; table of contents. ment.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1293
Sec. 2307. Research funds accounting. Sec. 2605. Centers of Excellence for Space Sec. 2654. Flight opportunities program.
Sec. 2308. Plan with respect to sensitive or Situational Awareness. Sec. 2655. Small Spacecraft Technology Pro-
controlled information and Subtitle B—National Aeronautics and Space gram.
background screening. Administration Authorization Act Sec. 2656. Nuclear propulsion technology.
TITLE IV—REGIONAL INNOVATION Sec. 2657. Mars-forward technologies.
Sec. 2611. Short title. Sec. 2658. Prioritization of low-enriched ura-
CAPACITY Sec. 2612. Definitions. nium technology.
Sec. 2401. Regional technology hubs. PART I—AUTHORIZATION OF APPROPRIATIONS Sec. 2659. Sense of Congress on next-genera-
Sec. 2402. Manufacturing USA Program.
Sec. 2403. Establishment of expansion Sec. 2613. Authorization of appropriations. tion communications tech-
awards program in Hollings PART II—HUMAN SPACEFLIGHT AND nology.
EXPLORATION Sec. 2660. Lunar surface technologies.
Manufacturing Extension Part-
nership and authorization of ap- Sec. 2614. Competitiveness within the PART VI—STEM ENGAGEMENT
propriations for the Partner- human landing system pro- Sec. 2661. Sense of Congress.
ship. gram. Sec. 2662. STEM education engagement ac-
Sec. 2404. National Manufacturing Advisory Sec. 2615. Space launch system configura- tivities.
Council. tions. Sec. 2663. Skilled technical education out-
TITLE V—MISCELLANEOUS Sec. 2616. Advanced spacesuits. reach program.
Sec. 2617. Acquisition of domestic space Sec. 2664. National space grant college and
Sec. 2501. Strategy and report on economic
transportation and logistics re- fellowship program.
security, science, research, and
innovation to support the na- supply services. PART VII—WORKFORCE AND INDUSTRIAL BASE
tional security strategy. Sec. 2618. Rocket engine test infrastructure. Sec. 2665. Appointment and compensation
Sec. 2502. Person or entity of concern prohi- Sec. 2619. Pearl River maintenance. pilot program.
bition. Sec. 2620. Value of International Space Sta- Sec. 2666. Establishment of multi-institu-
Sec. 2503. Study on emerging science and tion and capabilities in low- tion consortia.
technology challenges faced by Earth orbit. Sec. 2667. Expedited access to technical tal-
the United States and rec- Sec. 2621. Extension and modification relat- ent and expertise.
ommendations to address them. ing to International Space Sta- Sec. 2668. Report on industrial base for civil
Sec. 2504. Report on global semiconductor tion. space missions and operations.
shortage. Sec. 2622. Department of Defense activities Sec. 2669. Separations and retirement incen-
Sec. 2505. Supply chain resiliency program. on International Space Station. tives.
Sec. 2506. Semiconductor incentives. Sec. 2623. Commercial development in low- Sec. 2670. Confidentiality of medical quality
Sec. 2507. Research Investment to Spark the Earth orbit. assurance records.
Economy Act. Sec. 2624. Maintaining a national laboratory
PART VIII—MISCELLANEOUS PROVISIONS
Sec. 2508. Office of Manufacturing and Indus- in space.
Sec. 2625. International Space Station na- Sec. 2671. Contracting authority.
trial Innovation Policy. Sec. 2672. Authority for transaction proto-
Sec. 2509. Telecommunications Workforce tional laboratory; property
rights in inventions. type projects and follow-on pro-
Training Grant Program.
Sec. 2626. Data first produced during non- duction contracts.
Sec. 2510. Country Of Origin Labeling Online
NASA scientific use of the ISS Sec. 2673. Protection of data and informa-
Act.
national laboratory. tion from public disclosure.
Sec. 2511. Country of origin labeling for king
Sec. 2627. Payments received for commercial Sec. 2674. Physical security modernization.
crab and tanner crab. Sec. 2675. Lease of non-excess property.
Sec. 2512. Internet exchanges and submarine space-enabled production on
Sec. 2676. Cybersecurity.
cables. the ISS.
Sec. 2677. Limitation on cooperation with
Sec. 2513. Study of sister city partnerships Sec. 2628. Stepping stone approach to explo-
the People’s Republic of China.
operating within the United ration. Sec. 2678. Consideration of issues related to
States involving foreign com- Sec. 2629. Technical amendments relating to
contracting with entities re-
munities in countries with sig- Artemis missions.
ceiving assistance from or af-
nificant public sector corrup- PART III—SCIENCE filiated with the People’s Re-
tion. Sec. 2631. Science priorities. public of China.
Sec. 2514. Prohibition on transfer, assign- Sec. 2632. Lunar discovery program. Sec. 2679. Small satellite launch services
ment, or disposition of con- Sec. 2633. Search for life. program.
struction permits and station Sec. 2634. James Webb Space Telescope. Sec. 2680. 21st century space launch infra-
licenses to entities subject to Sec. 2635. Nancy Grace Roman Space Tele- structure.
undue influence by the Chinese scope. Sec. 2681. Missions of national need.
Communist Party or the Gov- Sec. 2636. Study on satellite servicing for Sec. 2682. Drinking water well replacement
ernment of the People’s Repub- science missions. for Chincoteague, Virginia.
lic of China. Sec. 2637. Earth science missions and pro- Sec. 2683. Passenger carrier use.
Sec. 2515. Limitation on nuclear cooperation grams. Sec. 2684. Use of commercial near-space bal-
with the People’s Republic of Sec. 2638. Life science and physical science loons.
China. research. Sec. 2685. President’s Space Advisory Board.
Sec. 2516. Certification. Sec. 2639. Science missions to Mars. Sec. 2686. Initiative on technologies for
Sec. 2517. Fairness and due process in stand- Sec. 2640. Planetary Defense Coordination noise and emissions reductions.
ards-setting bodies. Office. Sec. 2687. Remediation of sites contami-
Sec. 2518. Shark fin sales elimination. Sec. 2641. Suborbital science flights. nated with trichloroethylene.
Sec. 2519. Sense of Congress on forced labor. Sec. 2642. Earth science data and observa- Sec. 2688. Review on preference for domestic
Sec. 2520. Open network architecture. tions. suppliers.
Sec. 2521. Combatting sexual harassment in Sec. 2643. Sense of Congress on small sat- Sec. 2689. Report on use of commercial
science. ellite science. spaceports licensed by the Fed-
Sec. 2522. National Science Corps. Sec. 2644. Sense of Congress on commercial eral Aviation Administration.
Sec. 2523. Annual report on foreign research. Sec. 2690. Active orbital debris mitigation.
space services.
Sec. 2524. Accelerating unmanned maritime Sec. 2691. Study on commercial communica-
Sec. 2645. Procedures for identifying and ad-
systems research. tions services.
Sec. 2525. Foundation funding to institu- dressing alleged violations of
tions hosting or supporting scientific integrity policy. DIVISION C—STRATEGIC COMPETITION
Confucius Institutes. PART IV—AERONAUTICS ACT OF 2021
Sec. 2526. Supporting documents. Sec. 2646. Short title. Sec. 3001. Short title; table of contents.
Sec. 2527. BASIC Research. Sec. 2647. Definitions. Sec. 3002. Findings.
Sec. 2528. Foundation for Energy Security Sec. 2648. Experimental aircraft projects. Sec. 3003. Definitions.
and Innovation. Sec. 2649. Unmanned aircraft systems. Sec. 3004. Statement of policy.
TITLE VI—SPACE MATTERS Sec. 2650. 21st Century Aeronautics Capabili- Sec. 3005. Sense of Congress.
ties Initiative. Sec. 3006. Rules of construction.
Subtitle A—SPACE Act
Sec. 2651. Sense of Congress on on-demand TITLE I—INVESTING IN A COMPETITIVE
ctelli on DSK11ZRN23PROD with SENATE
Sec. 2601. Short title. air transportation. FUTURE
Sec. 2602. Sense of Congress.
Sec. 2652. Sense of Congress on hypersonic Subtitle A—Science and Technology
Sec. 2603. Definitions.
technology research.
Sec. 2604. Space situational awareness data, Sec. 3101. Authorization to assist United
information, and services: pro- PART V—SPACE TECHNOLOGY States companies with global
vision to non-United States Sec. 2653. Space Technology Mission Direc- supply chain diversification and
Government entities. torate. management.
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S1294 CONGRESSIONAL RECORD — SENATE March 22, 2022
Subtitle B—Global Infrastructure and Sec. 3211. Sense of Congress on centrality of Sec. 3231. Report on capability development
Energy Development sanctions and other restrictions of Indo-Pacific allies and part-
Sec. 3111. Appropriate committees of Con- to strategic competition with ners.
gress defined. China. Sec. 3232. Report on national technology and
Sec. 3112. Sense of Congress on international Sec. 3212. Sense of Congress on negotiations industrial base.
quality infrastructure invest- with G7 and G20 countries. Sec. 3233. Report on diplomatic outreach
ment standards. Sec. 3213. Enhancing the United States-Tai- with respect to Chinese mili-
Sec. 3113. United States support for infra- wan partnership. tary installations overseas.
structure. Sec. 3214. Taiwan Fellowship Program. Sec. 3234. Statement of policy regarding uni-
Sec. 3114. Infrastructure Transaction and Sec. 3215. Treatment of Taiwan government. versal implementation of
Assistance Network. Sec. 3216. Taiwan symbols of sovereignty. United Nations sanctions on
Sec. 3115. Strategy for advanced and reliable Sec. 3217. Report on origins of the COVID–19 North Korea.
energy infrastructure. pandemic. Sec. 3235. Limitation on assistance to coun-
Sec. 3116. Report on the People’s Republic of Sec. 3218. Enhancement of diplomatic sup- tries hosting Chinese military
China’s investments in foreign port and economic engagement installations.
energy development. with Pacific island countries.
Sec. 3219. Increasing Department of State Subtitle C—Regional Strategies to Counter
Subtitle C—Digital Technology and the People’s Republic of China
personnel and resources de-
Connectivity Sec. 3241. Statement of policy on coopera-
voted to the Indo-Pacific.
Sec. 3121. Sense of Congress on digital tech- Sec. 3219A. Advancing United States leader- tion with allies and partners
nology issues. ship in the United Nations Sys- around the world with respect
Sec. 3122. Digital connectivity and cyberse- tem. to the People’s Republic of
curity partnership. Sec. 3219B. Asia Reassurance Initiative Act China.
Sec. 3123. Strategy for digital investment by of 2018. PART I—WESTERN HEMISPHERE
United States International De- Sec. 3219C. Statement of policy on need for
velopment Finance Corpora- Sec. 3245. Sense of Congress regarding
reciprocity in the relationship United States-Canada relations.
tion. between the United States and Sec. 3246. Sense of Congress regarding the
Subtitle D—Countering Chinese Communist the People’s Republic of China. Government of the People’s Re-
Party Malign Influence Sec. 3219D. Opposition to provision of assist-
public of China’s arbitrary im-
Sec. 3131. Short title. ance to People’s Republic of
prisonment of Canadian citi-
Sec. 3132. Authorization of appropriations China by Asian Development
zens.
for countering Chinese Influ- Bank.
Sec. 3247. Strategy to enhance cooperation
ence Fund. Sec. 3219E. Opposition to provision of assist-
with Canada.
Sec. 3133. Findings on Chinese information ance to People’s Republic of
Sec. 3248. Strategy to strengthen economic
warfare and malign influence China by International Bank
competitiveness, governance,
operations. for Reconstruction and Devel-
human rights, and the rule of
Sec. 3134. Authorization of appropriations opment.
law in Latin America and the
for the Fulbright-Hays Pro- Sec. 3219F. United States policy on Chinese
Caribbean.
gram. and Russian government efforts
Sec. 3249. Engagement in international orga-
Sec. 3135. Sense of Congress condemning to undermine the United Na-
nizations and the defense sector
anti-Asian racism and discrimi- tions Security Council action
in Latin America and the Car-
nation. on human rights.
ibbean.
Sec. 3136. Supporting independent media and Sec. 3219G. Deterring PRC use of force
Sec. 3250. Addressing China’s sovereign lend-
countering disinformation. against Taiwan.
ing practices in Latin America
Sec. 3137. Global engagement center. Sec. 3219H. Strategy to respond to sharp
Sec. 3138. Review by Committee on Foreign and the Caribbean.
power operations targeting Tai-
Investment in the United Sec. 3251. Defense cooperation in Latin
wan.
States of certain foreign gifts Sec. 3219I. Study and report on bilateral ef- America and the Caribbean.
to and contracts with institu- forts to address Chinese Sec. 3252. Engagement with civil society in
tions of higher education. fentanyl trafficking. Latin America and the Carib-
Sec. 3139. Post-employment restrictions on Sec. 3219J. Investment, trade, and develop- bean regarding accountability,
Senate-confirmed officials at ment in Africa and Latin Amer- human rights, and the risks of
the Department of State. ica and the Caribbean. pervasive surveillance tech-
Sec. 3140. Sense of Congress on prioritizing Sec. 3219K. Facilitation of increased equity nologies.
nomination of qualified ambas- investments under the Better PART II—TRANSATLANTIC ALLIANCE
sadors to ensure proper diplo- Utilization of Investments Sec. 3255. Sense of Congress on the Trans-
matic positioning to counter Leading to Development Act of atlantic alliance.
Chinese influence. 2018. Sec. 3256. Strategy to enhance transatlantic
Sec. 3141. China Censorship Monitor and Ac- Subtitle B—International Security Matters cooperation with respect to the
tion Group. People’s Republic of China.
Sec. 3221. Definitions.
TITLE II—INVESTING IN ALLIANCES AND Sec. 3222. Findings. Sec. 3257. Enhancing Transatlantic coopera-
PARTNERSHIPS Sec. 3223. Sense of Congress regarding bol- tion on promoting private sec-
Subtitle A—Strategic and Diplomatic stering security partnerships in tor finance.
Matters the Indo-Pacific. Sec. 3258. Report and briefing on coopera-
Sec. 3224. Statement of policy. tion between China and Iran
Sec. 3201. Appropriate committees of Con-
Sec. 3225. Foreign military financing in the and between China and Russia.
gress defined.
Sec. 3202. United States commitment and Indo-Pacific and authorization Sec. 3259. Promoting responsible develop-
support for allies and partners of appropriations for Southeast ment alternatives to the belt
in the Indo-Pacific. Asia maritime security pro- and road initiative.
Sec. 3203. Sense of Congress on cooperation grams and diplomatic outreach PART III—SOUTH AND CENTRAL ASIA
with the Quad. activities. Sec. 3261. Sense of Congress on South and
Sec. 3204. Establishment of Quad Intra-Par- Sec. 3226. Foreign military financing com- Central Asia.
liamentary Working Group. pact pilot program in the Indo- Sec. 3262. Strategy to enhance cooperation
Sec. 3205. Statement of policy on coopera- Pacific. with South and Central Asia.
tion with ASEAN. Sec. 3227. Additional funding for inter-
national military education PART IV—AFRICA
Sec. 3206. Sense of Congress on enhancing
United States–ASEAN coopera- and training in the Indo-Pa- Sec. 3271. Assessment of political, economic,
tion on technology issues with cific. and security activity of the
respect to the People’s Republic Sec. 3228. Prioritizing excess defense article People’s Republic of China in
of China. transfers for the Indo-Pacific. Africa.
Sec. 3207. Report on Chinese influence in Sec. 3229. Prioritizing excess naval vessel Sec. 3272. Increasing the competitiveness of
ctelli on DSK11ZRN23PROD with SENATE
international organizations. transfers for the Indo-Pacific. the United States in Africa.
Sec. 3208. Regulatory exchanges with allies Sec. 3230. Statement of policy on maritime Sec. 3273. Digital security cooperation with
and partners. freedom of operations in inter- respect to Africa.
Sec. 3209. Technology partnership office at national waterways and air- Sec. 3274. Increasing personnel in United
the Department of State. space of the Indo-Pacific and on States embassies in sub-Saha-
Sec. 3210. United States representation in artificial land features in the ran Africa focused on the Peo-
standards-setting bodies. South China Sea. ple’s Republic of China.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1295
Sec. 3275. Support for Young African Lead- Sec. 3406. Report on manner and extent to TITLE II—CYBER AND ARTIFICIAL
ers Initiative. which the Government of the INTELLIGENCE
Sec. 3276. Africa broadcasting networks. People’s Republic of China ex- Subtitle A—Advancing American AI
PART V—MIDDLE EAST AND NORTH AFRICA ploits Hong Kong to circumvent
Sec. 4201. Short title.
Sec. 3281. Strategy to counter Chinese influ- United States laws and protec-
Sec. 4202. Purpose.
ence in, and access to, the Mid- tions.
Sec. 4203. Definitions.
dle East and North Africa. Sec. 3407. Annual review on the presence of
Sec. 4204. Principles and policies for use of
Sec. 3282. Sense of Congress on Middle East Chinese companies in United
artificial intelligence in Gov-
and North Africa engagement. States capital markets.
ernment.
Sec. 3408. Economic defense response teams.
PART VI—ARCTIC REGION Sec. 4205. Agency inventories and artificial
TITLE V—ENSURING STRATEGIC intelligence use cases.
Sec. 3285. Arctic diplomacy.
SECURITY Sec. 4206. Rapid pilot, deployment and scale
PART VII—OCEANIA
Sec. 3501. Findings on strategic security and of applied artificial intelligence
Sec. 3291. Statement of policy on United arms control. capabilities to demonstrate
States engagement in Oceania. Sec. 3502. Cooperation on a strategic nuclear modernization activities re-
Sec. 3292. Oceania strategic roadmap. dialogue. lated to use cases.
Sec. 3293. Review of USAID programming in Sec. 3503. Report on United States efforts to Sec. 4207. Enabling entrepreneurs and agen-
Oceania. engage the People’s Republic of cy missions.
Sec. 3294. Oceania Security Dialogue. China on nuclear issues and
Sec. 3295. Report on countering illegal, unre- Subtitle B—Cyber Response and Recovery
ballistic missile issues.
ported, and unregulated fishing Sec. 4251. Short title.
Sec. 3504. Countering the People’s Republic
in Oceania. Sec. 4252. Declaration of a significant inci-
of China’s proliferation of bal-
Sec. 3296. Oceania Peace Corps partnerships. dent.
listic missiles and nuclear tech-
TITLE III—INVESTING IN OUR VALUES nology to the Middle East. TITLE III—PERSONNEL
Sec. 3301. Authorization of appropriations DIVISION D—HOMELAND SECURITY AND Subtitle A—Facilitating Federal Employee
for promotion of democracy in GOVERNMENTAL AFFAIRS COMMITTEE Reskilling
Hong Kong. PROVISIONS Sec. 4301. Short title.
Sec. 3302. Imposition of sanctions relating to Sec. 4302. Reskilling Federal employees.
Sec. 4001. Short title; table of contents.
forced labor in the Xinjiang Subtitle B—Federal Rotational Cyber
Uyghur Autonomous Region. TITLE I—ENSURING DOMESTIC
MANUFACTURING CAPABILITIES Workforce Program
Sec. 3303. Imposition of sanctions with re-
spect to systematic rape, coer- Subtitle A—Build America, Buy America Sec. 4351. Short title.
cive abortion, forced steriliza- Sec. 4352. Definitions.
Sec. 4101. Short title. Sec. 4353. Rotational cyber workforce posi-
tion, or involuntary contracep-
PART I—BUY AMERICA SOURCING tions.
tive implantation in the
REQUIREMENTS Sec. 4354. Rotational cyber workforce pro-
Xinjiang Uyghur Autonomous
Region. Sec. 4111. Findings. gram.
Sec. 3304. Report on corrupt activities of Sec. 4112. Definitions. Sec. 4355. Reporting by GAO.
senior officials of Government Sec. 4113. Identification of deficient pro- Sec. 4356. Sunset.
of the People’s Republic of grams. TITLE IV—OTHER MATTERS
China. Sec. 4114. Application of Buy America pref-
Subtitle A—Ensuring Security of Unmanned
Sec. 3305. Removal of members of the United erence.
Aircraft Systems
Nations Human Rights Council Sec. 4115. OMB guidance and standards.
Sec. 4116. Technical assistance partnership Sec. 4401. Short title.
that commit human rights
and consultation supporting Sec. 4402. Definitions.
abuses.
Department of Transportation Sec. 4403. Prohibition on procurement of
Sec. 3306. Policy with respect to Tibet.
Buy America requirements. covered unmanned aircraft sys-
Sec. 3307. United States policy and inter-
Sec. 4117. Application. tems from covered foreign enti-
national engagement on the
ties.
succession or reincarnation of PART II—MAKE IT IN AMERICA
Sec. 4404. Prohibition on operation of cov-
the Dalai Lama and religious Sec. 4121. Regulations relating to Buy Amer- ered unmanned aircraft sys-
freedom of Tibetan Buddhists. ican Act.
Sec. 3308. Sense of Congress on treatment of tems from covered foreign enti-
Sec. 4122. Amendments relating to Buy ties.
Uyghurs and other ethnic mi- American Act.
norities in the Xinjiang Uyghur Sec. 4405. Prohibition on use of Federal
Sec. 4123. Made in America Office. funds for purchases and oper-
Autonomous Region. Sec. 4124. Hollings Manufacturing Extension
Sec. 3309. Development and deployment of ation of covered unmanned air-
Partnership activities. craft systems from covered for-
internet freedom and Great Sec. 4125. United States obligations under
Firewall circumvention tools eign entities.
international agreements. Sec. 4406. Prohibition on use of Government-
for the people of Hong Kong. Sec. 4126. Definitions.
Sec. 3310. Enhancing transparency on inter- issued Purchase Cards to pur-
Sec. 4127. Prospective amendments to inter- chase covered unmanned air-
national agreements and non- nal cross-references.
binding instruments. craft systems from covered for-
Sec. 3311. Authorization of appropriations Subtitle B—BuyAmerican.gov eign entities.
for protecting human rights in Sec. 4131. Short title. Sec. 4407. Management of existing inven-
the People’s Republic of China. Sec. 4132. Definitions. tories of covered unmanned air-
Sec. 3312. Diplomatic boycott of the XXIV Sec. 4133. Sense of Congress on buying craft systems from covered for-
Olympic Winter Games and the American. eign entities.
XIII Paralympic Winter Games. Sec. 4134. Assessment of impact of free trade Sec. 4408. Comptroller General report.
Sec. 3313. Repeal of sunset applicable to au- agreements. Sec. 4409. Government-wide policy for pro-
thority under Global Sec. 4135. Judicious use of waivers. curement of unmanned aircraft
Magnitsky Human Rights Ac- Sec. 4136. Establishment of systems.
countability Act. BuyAmerican.gov website. Sec. 4410. Study.
TITLE IV—INVESTING IN OUR ECONOMIC Sec. 4137. Waiver Transparency and Stream- Sec. 4411. Sunset.
STATECRAFT lining for contracts. Subtitle B—No TikTok on Government
Sec. 4138. Comptroller General report. Devices
Sec. 3401. Findings and sense of Congress re- Sec. 4139. Rules of construction.
garding the PRC’s industrial Sec. 4431. Short title.
Sec. 4140. Consistency with international
policy. Sec. 4432. Prohibition on the use of TikTok.
agreements.
Sec. 3402. Intellectual property violators Sec. 4141. Prospective amendments to inter- Subtitle C—National Risk Management
list. nal cross-references. Sec. 4461. Short title.
Sec. 3403. Government of the People’s Re- Sec. 4462. National risk management cycle.
ctelli on DSK11ZRN23PROD with SENATE
public of China subsidies list. Subtitle C—Make PPE in America
Sec. 3404. Countering foreign corrupt prac- Sec. 4151. Short title. Subtitle D—Safeguarding American
tices. Sec. 4152. Findings. Innovation
Sec. 3405. Debt relief for countries eligible Sec. 4153. Requirement of long-term con- Sec. 4491. Short title.
for assistance from the Inter- tracts for domestically manu- Sec. 4492. Definitions.
national Development Associa- factured personal protective Sec. 4493. Federal Research Security Coun-
tion. equipment. cil.
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S1296 CONGRESSIONAL RECORD — SENATE March 22, 2022
Sec. 4494. Federal grant application fraud. Sec. 5305. Report on implementation of proc- DIVISION G—TRADE ACT OF 2021
Sec. 4495. Restricting the acquisition of ess for exchange of information Sec. 70001. Short title; table of contents.
emerging technologies by cer- between Committee on Foreign Sec. 70002. Appropriate congressional com-
tain aliens. Investment in the United mittees defined.
Sec. 4496. Machine readable visa documents. States and allies and partners. TITLE I—TRADING CONSISTENT WITH
Sec. 4497. Certifications regarding access to Sec. 5306. Report on economic and national AMERICAN VALUES
export controlled technology in security implications of
Subtitle A—Preventing Importation of
educational and cultural ex- changes to cross-border pay-
Goods Produced by Forced Labor
change programs. ment and financial messaging
systems. Sec. 71001. Investigations of allegations of
Sec. 4498. Privacy and confidentiality. goods produced by forced labor.
Sec. 5307. Report on development and utili-
DIVISION E—MEETING THE CHINA Sec. 71002. Preventing importation of sea-
zation of dual-use technologies
CHALLENGE ACT OF 2021 food and seafood products har-
by the Government of the Peo-
Sec. 5001. Short title; table of contents. vested or produced using forced
ple’s Republic of China.
labor.
TITLE I—FINANCIAL SERVICES Sec. 5308. Report on currency issues with re-
spect to the People’s Republic Subtitle B—Addressing Censorship and
Sec. 5101. Findings on transparency and dis- Barriers to Digital Trade
of China.
closure; sense of Congress. Sec. 71011. Censorship as a trade barrier.
Sec. 5309. Report on exposure of the United
Sec. 5102. Establishment of interagency task Sec. 71012. Designation of official respon-
States to the financial system
force to address Chinese market sible for monitoring unfair
of the People’s Republic of
manipulation in the United trade practices of suppliers of
China.
States. information and communica-
Sec. 5310. Report on investment reciprocity
Sec. 5103. Expansion of study and strategy between the United States and tions equipment.
on money laundering by the the People’s Republic of China. Sec. 71013. Negotiation of digital trade
People’s Republic of China to agreements.
include risks of contributing to DIVISION F—OTHER MATTERS
Subtitle C—Protecting Innovators and
corruption. Sec. 6001. Table of contents. Consumers
Sec. 5104. Statement of policy to encourage TITLE I—COMPETITIVENESS AND SECU- Sec. 71021. Technical and legal support for
the development of a corporate RITY FOR EDUCATION AND MEDICAL addressing intellectual prop-
code of conduct for countering RESEARCH erty rights infringement cases.
malign influence in the private Subtitle A—Department of Health and Sec. 71022. Improvement of anti-counter-
sector. Human Services Programs feiting measures.
TITLE II—PROTECTING UNITED STATES Sec. 6101. Foreign talent programs. Sec. 71023. Reports on chicken, beef, and
NATIONAL SECURITY Sec. 6102. Securing identifiable, sensitive in- other meat imports.
Subtitle A—Sanctions With Respect to formation. Sec. 71024. Joint enforcement with allies
People’s Republic of China Sec. 6103. Duties of the Director. with respect to importation of
Sec. 6104. Protecting America’s biomedical goods made with stolen intel-
Sec. 5201. Definitions. lectual property.
Sec. 5202. Use of sanctions authorities with research enterprise.
Sec. 71025. Sense of Congress and report on
respect to the People’s Republic Sec. 6105. GAO Study.
ensuring reliable supply of rare
of China. Sec. 6106. Report on progress to address
earth minerals.
Sec. 5203. Imposition of sanctions with re- undue foreign influence.
Sec. 6107. Prohibition on funding for gain-of- Subtitle D—Ensuring a Level Playing Field
spect to activities of the Peo-
function research conducted in Sec. 71031. Report on manner and extent to
ple’s Republic of China under-
China. which the Government of the
mining cybersecurity, including
Subtitle B—Elementary and Secondary People’s Republic of China ex-
cyber attacks on United States
Education ploits Hong Kong to circumvent
Government or private sector
United States laws and protec-
networks. Sec. 6111. Postsecondary stem pathways tions.
Sec. 5204. Imposition of sanctions with re- grants. Sec. 71032. Assessment of overcapacity of in-
spect to theft of trade secrets of Sec. 6112. Improving access to elementary dustries in the People’s Repub-
United States persons. and secondary computer lic of China.
Sec. 5205. Implementation; penalties. science education. Sec. 71033. Duties of Interagency Center on
Sec. 5206. Exceptions. Subtitle C—Higher Education Trade Implementation, Moni-
Subtitle B—Export Control Review And Sec. 6121. Reauthorization of international toring, and Enforcement.
Other Matters education programs under title Sec. 71034. Briefing on report related to
VI of the Higher Education Act process for excluding articles
Sec. 5211. Review and controls on export of
of 1965. imported from the People’s Re-
items with critical capabilities
Sec. 6122. Confucius Institutes. public of China from certain du-
to enable human rights abuses.
Sec. 6123. Sustaining the Truman Founda- ties imposed under section 301
Sec. 5212. Prohibition on reviews by Com-
tion and the Madison Founda- of the Trade Act of 1974.
mittee on Foreign Investment
in the United States of certain tion. TITLE II—ENSURING RESILIENCY IN
foreign gifts to and contracts Sec. 6124. Disclosures of foreign gifts and CRITICAL SUPPLY CHAINS
with institutions of higher edu- contracts at institutions of Sec. 72001. Facilitating trade in essential
cation. higher education. supplies.
Sec. 5213. Conforming amendments to Treas- TITLE II—COMMITTEE ON THE Sec. 72002. Supply chain database and tool-
ury positions established by JUDICIARY PROVISIONS kit.
Foreign Investment Risk Re- Sec. 6201. Short title. TITLE III—IMPROVING TRANSPARENCY
view Modernization Act of 2018. Sec. 6202. Premerger notification filing fees. AND ADMINISTRATION OF TRADE PRO-
TITLE III—REPORTS Sec. 6203. Authorization of appropriations. GRAMS AND OVERSIGHT AND AC-
Sec. 6204. Collection of demographic infor- COUNTABILITY OF TRADE AGENCIES
Sec. 5301. Review of the presence of Chinese
mation for patent inventors. Sec. 73001. Process for exclusion of articles
entities in United States cap-
from duties under section 301 of
ital markets. TITLE III—MISCELLANEOUS
the Trade Act of 1974.
Sec. 5302. Report on malign activity involv- Sec. 6301. Enhancing entrepreneurship for Sec. 73002. Enhanced congressional oversight
ing Chinese state-owned enter- the 21st century. of the United States Trade Rep-
prises. Sec. 6302. Prohibition on Federal funding for resentative and the Department
Sec. 5303. Report on use and applicability of Wuhan Institute of Virology. of Commerce.
sanctions to Chinese officials Sec. 6303. Enforcement of intellectual prop- Sec. 73003. Establishment of Inspector Gen-
complicit in human rights vio- erty provisions of Economic eral of the Office of the United
lations and violations of United and Trade Agreement Between States Trade Representative.
ctelli on DSK11ZRN23PROD with SENATE
States sanctions with respect the Government of the United Sec. 73004. Authority of U.S. Customs and
to Hong Kong. States of America and the Gov- Border Protection to consoli-
Sec. 5304. Report on domestic shortfalls of ernment of China. date, modify, or reorganize cus-
industrial resources, materials, Sec. 6304. Findings and sense of the Senate toms revenue functions.
and critical technology items regarding an investigation to Sec. 73005. Protection from public disclosure
essential to the national de- determine the origins of of personally identifiable infor-
fense. COVID–19. mation contained in manifests.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1297
Sec. 73006. Sense of Congress on leadership Sec. 74076. mPEG6-mesylate. Sec. 74145. Diisostearyl malate.
at World Trade Organization. Sec. 74077. Monoethylene glycol dimethyl Sec. 74146. Salicylic acid.
TITLE IV—PROMOTING AMERICAN ether. Sec. 74147. Hexyl salicylate.
COMPETITIVENESS Sec. 74078. Diethylene glycol dimethyl Sec. 74148. Alpha-ketogluteric acid.
ether. Sec. 74149. MCPB herbicide.
Subtitle A—Reauthorization and Reform of
Sec. 74079. Diethylene glycol dibutyl ether. Sec. 74150. 2,4-D Butoxyethylester.
Generalized System of Preferences
Sec. 74080. Tetraethylene glycol dimethyl Sec. 74151. 2-(2,4-Dichlorophenoxy)acetic
Sec. 74001. Modification of eligibility cri- ether. acid.
teria for beneficiary developing Sec. 74081. Glycol diether. Sec. 74152. Diglycolic acid 98%.
countries. Sec. 74082. Diglycidyl resorcinol ether. Sec. 74153. Tri-iso-butyl phosphate (TiBP).
Sec. 74002. Supplemental reviews and report- Sec. 74083. Allyl glycidyl ether. Sec. 74154. Trimethylphosphite.
ing. Sec. 74084. Vinylcyclohexane monoxide. Sec. 74155. Organic phosphite.
Sec. 74003. Extension of Generalized System Sec. 74085. Technical grade of butyl glycidyl Sec. 74156. Diethyl sulfate.
of Preferences. ether. Sec. 74157. Diethyl carbonate.
Subtitle B—Temporary Duty Suspensions Sec. 74086. Aliphatic glycidyl ether. Sec. 74158. Ethyl methyl carbonate.
and Reductions Sec. 74087. Diglycidyl ether of 1,4- Sec. 74159. Tetradecoxycarbonyloxy
Sec. 74011. Reference. butanediol. tetradecyl carbonate.
Sec. 74088. Technical grade of the glycidyl Sec. 74160. Dicetyl peroxydicarbonate.
PART I—NEW DUTY SUSPENSIONS AND
ether of cyclohexane Sec. 74161. Tetraethyl silicate.
REDUCTIONS
dimethanol. Sec. 74162. tert-Octylamine.
Sec. 74021. Shelled pine nuts. Sec. 74089. Glycidyl ester of neodecanoic Sec. 74163. Octadecylamine.
Sec. 74022. Licorice extract. acid. Sec. 74164. N′-(3-Aminopropyl)-N′-
Sec. 74023. Refined Carrageenan. Sec. 74090. Cumaldehyde. dodecylpropane-1,3-diamine.
Sec. 74024. Irish dairy chocolate crumb. Sec. 74091. Cyprinal. Sec. 74165. 1,10-Diaminodecane.
Sec. 74025. Pepperoncini, preserved in vin- Sec. 74092. Sodium o- Sec. 74166. 1,5-Pentanediamine.
egar. formylbenzenesulfonate. Sec. 74167. Dicyclohexylamine.
Sec. 74026. Coconut water in PET bottles. Sec. 74093. Acetylacetone. Sec. 74168. Amantadine hydrochloride 99%.
Sec. 74027. 9,11-Octadecadienoic acid. Sec. 74094. Acetyl propionyl. Sec. 74169. N,N-Dimethylaniline.
Sec. 74028. Liquid galacto-oligosaccharides. Sec. 74095. Alpha ionone. Sec. 74170. Paranitroaniline (PNA).
Sec. 74029. Beverage containing coconut Sec. 74096. 2,3,4,5 Tetramethylcyclopent-2- Sec. 74171. Dicloran.
water. enone. Sec. 74172. N,N-Dimethyl-p-toluidine.
Sec. 74030. Animal feed additive containing Sec. 74173. Pendimethalin technical.
Sec. 74097. Menthone.
guanidinoacetic acid. Sec. 74098. L-Carvone. Sec. 74174. Benzyldimethylamine.
Sec. 74031. Tungsten concentrate. Sec. 74175. Diphenyl diphenylene diamine.
Sec. 74099. Benzoin.
Sec. 74032. Piperylene. Sec. 74176. Curative for epoxy resin systems.
Sec. 74100. Methyl cyclopentenolone.
Sec. 74033. Normal paraffin M (alkanes C10– Sec. 74177. TFMB.
Sec. 74101. 2,4-Dihydroxy-1,5-
C14). Sec. 74178. S-N-Alkyl-anilin.
dibenzoylbenzene.
Sec. 74034. Neodymium (Nd) metal. Sec. 74179. p-Cresidine.
Sec. 74102. Difluorobenzophenone (DFBP).
Sec. 74035. Praseodymium (Pr) metal. Sec. 74180. Iminodiacetic acid.
Sec. 74103. PTMI.
Sec. 74036. Heavy rare earth metals, dyspro- Sec. 74181. 11 Aminoundecanoic acid.
Sec. 74104. Metrafenone.
sium (Dy) metal and terbium Sec. 74182. L-Orinithine L-aspartate.
Sec. 74105. Hexachloroacetone.
(Tb) metal. Sec. 74183. Iron sodium DTPA.
Sec. 74106. Fire suppression agent.
Sec. 74037. Scandium crystal. Sec. 74184. Iron glycinate complex.
Sec. 74107. D(+)-10-Camphor sulfonic acid.
Sec. 74038. Hexafluorotitanic acid. Sec. 74185. Copper glycinate complex.
Sec. 74108. Benzyl acetate.
Sec. 74039. Silica gel cat litter with tray. Sec. 74186. Zinc glycinate complex.
Sec. 74109. Propylene glycol diacetate.
Sec. 74040. Dioxosilane spherical particles Sec. 74187. Manganese glycinate complex.
Sec. 74110. Isopropenyl acetate.
(mean particle size 0.046–0.054 Sec. 74188. Iron sodium EDDHA.
Sec. 74111. Diacetin.
mm). Sec. 74189. DMF-DMA.
Sec. 74112. Cocoamine.
Sec. 74041. Silica gel cat litter. Sec. 74190. Mixtures of DMSO and tetrabutyl
Sec. 74113. Caprylic acid 98%.
Sec. 74042. Sulfuryl dichloride.
Sec. 74114. Fine zinc myristate powder. ammonium fluoride.
Sec. 74043. FS-10D acicular
Sec. 74115. Fine magnesium myristate pow- Sec. 74191. Betaine.
electroconductive tin oxide.
der. Sec. 74192. Prolonium chloride in aqueous
Sec. 74044. Certain potassium fluoride.
Sec. 74116. Dipentaerythrityl solution.
Sec. 74045. Other potassium fluoride.
hexahydroxystearate/ Sec. 74193. N,N-Dimethylacetamide.
Sec. 74046. LiPF6.
hexastearate/hexarosinate. Sec. 74194. N,N-Dimethylformamide.
Sec. 74047. LiPO2F2.
Sec. 74117. Polyglyceryl-2 triisostearate. Sec. 74195. DAAM.
Sec. 74048. Ammonium fluoroborate.
Sec. 74118. Neopentyl glycol Sec. 74196. L-Alanyl L-glutamine.
Sec. 74049. Sodium tetrafluoroborate.
diethylhexanoate. Sec. 74197. Granular acrylamido-tert-butyl
Sec. 74050. Ferric chloride.
Sec. 74051. Ferrous chloride. Sec. 74119. Isononyl isononate. sulfonic acid (ATBS).
Sec. 74052. Cupric chloride dihydrate. Sec. 74120. Acetyl chloride. Sec. 74198. Glycyl-L-glutamine hydrate.
Sec. 74053. Copper chloride anhydrous. Sec. 74121. Potassium sorbate. Sec. 74199. Noviflumuron.
Sec. 74054. Manganese chloride anhydrous. Sec. 74122. Vinyl chloroformate. Sec. 74200. Propanil technical.
Sec. 74055. Manganese chloride tetrahydrate. Sec. 74123. Permethrin. Sec. 74201. Hexaflumuron.
Sec. 74056. Reducing agent. Sec. 74124. Sodium benzoate. Sec. 74202. Stabilizer for plastics and rubber.
Sec. 74057. Manganese carbonate. Sec. 74125. Benzoic acid, flake. Sec. 74203. 2-Amino-5-chloro-N,3-
Sec. 74058. Potassium tetraborate. Sec. 74126. Diethylene glycol dibenzoate. dimethylbenzamide.
Sec. 74059. Potassium pentaborate. Sec. 74127. Methyl benzoate. Sec. 74204. Glycyl-L-tyrosine dihydrate.
Sec. 74060. Ammonium thiocyanate. Sec. 74128. M-Nitrobenzoic acid sodium salt. Sec. 74205. L-Alanyl-L-tyrosine.
Sec. 74061. Modified amine complex of boron Sec. 74129. p-Nitrobenzoic acid. Sec. 74206. Enzalutamide ITS-2.
trifluoride. Sec. 74130. 4-tert Butylbenzoic acid. Sec. 74207. 4-Bromo-2-fluoro-N-
Sec. 74062. Trichlorosilane. Sec. 74131. Sodium adipate. methylbenzamide.
Sec. 74063. 1,3-Dichloropropene. Sec. 74132. Dimethyl sebacate (DMS). Sec. 74208. N-Boc-1-
Sec. 74064. Hexafluoroisobutylene (HFIB). Sec. 74133. Dodecanedioic acid. aminocyclobutanecarboxylic
Sec. 74065. 1,1,1,2,2,3,3,4,4,5,5,6,6- Sec. 74134. Polyhydroxystearic acid of low acid.
Tridecafluoro-8-iodooctane. acid value. Sec. 74209. N′-(1,3-dimethylbutylidene)-3-hy-
Sec. 74066. Ethyl benzyl chloride. Sec. 74135. Undecanedioic acid. droxy-2-naphthohydrazide
Sec. 74067. Perfluoroalkyl sulfonate. Sec. 74136. Hexadecanedioic acid. (BMH) (oil treated).
Sec. 74068. D-Mannitol. Sec. 74137. Tetradecanedioic acid. Sec. 74210. Guanidine sulfamate.
Sec. 74069. 3,3,4,4,5,5,6,6,7,7,8,8,8- Sec. 74138. Pentadecanedioic acid. Sec. 74211. Liquid, blocked cycloaliphatic
Tridecafluorooctan-1-ol. Sec. 74139. Tridecanedioic acid. diamine used as crosslinker for
Sec. 74070. Phenyl isopropanol. Sec. 74140. Methyl 1-(methoxycar- polyisocyanate resins.
ctelli on DSK11ZRN23PROD with SENATE
Sec. 74071. Hydroxytyrosol. bonyl)cyclopropanecarboxylate Sec. 74212. 3,4-Difluorobenzonitrile.
Sec. 74072. 1,6-Dihydroxynaphthalene. (CPDM). Sec. 74213. 2-Amino-5-cyano-N,3-
Sec. 74073. Antioxidant for plastics and rub- Sec. 74141. Calcium HHPA. dimethylbenzamide.
ber. Sec. 74142. Diethyl phthalate. Sec. 74214. TFMPA.
Sec. 74074. Toluhydroquinone (THQ). Sec. 74143. Ammonium lactate. Sec. 74215. Dimethyl 2,2′-Azobisisobutyrate.
Sec. 74075. 1,1,1-Tris(4- Sec. 74144. Triethyl 2-hydroxypropane-1,2,3- Sec. 74216. Antioxidant/metal deactivator.
hydroxyphenyl)ethane. tricarboxylate. Sec. 74217. Benzyl carbazate.
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S1298 CONGRESSIONAL RECORD — SENATE March 22, 2022
Sec. 74218. Benzene-1,3-dicarbohydrazide. Sec. 74290. Tetraniliprole. Sec. 74364. Acid Yellow 236.
Sec. 74219. Input for resins, coatings, and Sec. 74291. Cyantraniliprole. Sec. 74365. Acid Red 407.
other products. Sec. 74292. Chlorantraniliprole. Sec. 74366. Acid Yellow 220.
Sec. 74220. Aldicarb. Sec. 74293. Chlorpyrifos. Sec. 74367. Acid Yellow 232.
Sec. 74221. Flubendiamide. Sec. 74294. Technical Cyclaniliprole insecti- Sec. 74368. Acid Yellow 235.
Sec. 74222. Benzobicyclon. cide. Sec. 74369. Acid Yellow 151.
Sec. 74223. Diphenylsulfone (DPS). Sec. 74295. Regorafenib. Sec. 74370. Acid Violet 43.
Sec. 74224. Phenolic antioxidant. Sec. 74296. N-Butyl-TAD. Sec. 74371. Acid Red 33.
Sec. 74225. Phenolic antioxidant and heat Sec. 74297. Hindered amine light stabilizer Sec. 74372. Acid Black 52.
stabilizer. and phenolic antioxidant. Sec. 74373. Acid Black 2.
Sec. 74226. Phenylchlorothioformate Sec. 74298. 4-Hydroxy-TEMPO. Sec. 74374. Acid Green 25.
(PTCFM). Sec. 74299. 2,2,6,6-tetramethylpiperidin-4-ol Sec. 74375. Basic Brown 23.
Sec. 74227. Methylene bis thiocyanate. (TMP). Sec. 74376. Basic Violet 11:1 rhodamine dye.
Sec. 74228. Oxamyl. Sec. 74300. 5-Bromo-2-(3-chloropyridin-2- Sec. 74377. Basic Yellow 37.
Sec. 74229. L-Cystine. yl)pyrazole-3-carboxylic acid. Sec. 74378. Basic Violet 3.
Sec. 74230. L-Cysteine. Sec. 74301. 2-Chloro-5- Sec. 74379. Direct Orange 118.
Sec. 74231. N,N′-Bis-L-alanyl-L-cystine. (trifluoromethyl)pyridine. Sec. 74380. Direct Blue 86.
Sec. 74232. Lubricant additive. Sec. 74302. Picarbutrox. Sec. 74381. Direct Blue 199.
Sec. 74233. Sodium benzenesulfinate. Sec. 74303. 5-amino-3-(trifluromethyl) Sec. 74382. Direct Black 168.
Sec. 74234. Thio-ether based co-stabilizer for picolinonitrile (T3630). Sec. 74383. Direct Red 227.
plastics. Sec. 74304. Dextromethorphan Sec. 74384. Direct Yellow 107.
Sec. 74235. L-Cysteine hydrate hydro- hydrobromide. Sec. 74385. Direct Green 26.
chloride. Sec. 74305. Ipflufenoquin. Sec. 74386. Direct Yellow 11.
Sec. 74236. Dimercaprol. Sec. 74306. THQ. Sec. 74387. Direct Orange 15.
Sec. 74237. Monoammonium salt of Sec. 74307. Pyrithiobac sodium. Sec. 74388. Direct Brown 44.
glyphosate. Sec. 74308. Larotrectinib sulfate. Sec. 74389. Direct Red 81.
Sec. 74238. THPC. Sec. 74309. Ibrutinib. Sec. 74390. Direct Yellow 142.
Sec. 74239. Flame retardant for textiles. Sec. 74310. Orthosulfamuron. Sec. 74391. Direct Red 80.
Sec. 74240. Glyphosate. Sec. 74311. 5-Bromopyrimidine. Sec. 74392. Direct Red 16.
Sec. 74241. Ethephon. Sec. 74312. Butylthion. Sec. 74393. Direct Red 254.
Sec. 74242. Benzene phosphinic acid. Sec. 74313. P-1062. Sec. 74394. Colorant.
Sec. 74243. HEDP. Sec. 74314. Carfentrazone Technical. Sec. 74395. Direct Yellow 34.
Sec. 74244. Trimethylchlorosilane. Sec. 74315. UV absorber 928. Sec. 74396. Vat Orange 2 dye powder.
Sec. 74245. Chloro-(chloromethyl)- Sec. 74316. UV absorber for industrial coat- Sec. 74397. Vat Violet 13 dye.
dimethylsilane. ings. Sec. 74398. Vat Brown 3 dye.
Sec. 74246. Silicone for electronics cleaners. Sec. 74317. Uniconazole-P. Sec. 74399. Vat Red 10 dye powder.
Sec. 74247. Silicon carrier fluid for active lo- Sec. 74318. VcMMAE. Sec. 74400. Vat Brown 57 dye.
tions, creams. Sec. 74319. UVA 360. Sec. 74401. Vat Red 31 dye powder.
Sec. 74248. Vinyltrimethoxysilane. Sec. 74320. Trofinetide. Sec. 74402. Dye mixtures of Vat Brown 3 and
Sec. 74249. n-Octyltriethoxysilane. Sec. 74321. Flurazole. Vat Black 27.
Sec. 74250. Dimethylbis(s-butylamino)silane. Sec. 74322. Oxathiapiprolin. Sec. 74403. Vat Red 13.
Sec. 74251. Aqueous solution of potassium Sec. 74323. Certain antimicrobial. Sec. 74404. Vat Yellow 2 dye powder.
methyl siliconate. Sec. 74324. Rubber accelerator. Sec. 74405. Vat Yellow 33 dye.
Sec. 74252. Octyltrimethoxysilane. Sec. 74325. 2-Amino benzothiazole. Sec. 74406. Vat Green 1 dye.
Sec. 74253. Octlytriethoxysilane. Sec. 74326. Technical Isofetamid fungicide. Sec. 74407. Vat Green 3.
Sec. 74254. Amino-propyl-triethoxysilane. Sec. 74327. Clomazone Technical. Sec. 74408. Vat Blue 6 dye.
Sec. 74255. Methyltris(sec- Sec. 74328. NEM salt. Sec. 74409. Vat Blue 20 dye.
butylamino)silane. Sec. 74329. AMTC wet cake. Sec. 74410. Vat Violet 1.
Sec. 74256. Methyltris Sec. 74330. Photoinitiator 369. Sec. 74411. Vat Brown 1 dye.
(methylethylketoximino)silane Sec. 74331. Isatoic anhydride. Sec. 74412. Vat Black 16 dye.
(MOS). Sec. 74332. Oclacitinib maleate. Sec. 74413. Vat Black 25.
Sec. 74257. Heptamethyltrisiloxane. Sec. 74333. Thiencarbazone-methyl. Sec. 74414. Vat Black 27.
Sec. 74258. Tetramethyldisiloxane. Sec. 74334. Penoxsulam technical herbicide. Sec. 74415. Reactive Yellow 145.
Sec. 74259. Dimethylchlorosilane. Sec. 74335. Ethyl 2-sulfamoylbenzoate. Sec. 74416. Reactive Red 195.
Sec. 74260. Dichloromethylsilane. Sec. 74336. Sulfosulfuron. Sec. 74417. Reactive Blue 49.
Sec. 74261. Tris(TFP)-methylcyclo- Sec. 74337. Pyrimisulfan. Sec. 74418. Reactive Blue 72.
trisiloxane DR. Sec. 74338. Purified steviol glycoside, Sec. 74419. Reactive Yellow 95 powder.
Sec. 74262. Tetravinyltetramethyl rebaudioside A. Sec. 74420. Reactive Red 245.
cyclotetrasiloxane. Sec. 74339. Glucosylated steviol glycosides. Sec. 74421. Reactive Brown 11.
Sec. 74263. Divinyltetramethyldisiloxane. Sec. 74340. Hydroxypropyl gamma Sec. 74422. Mixtures of Reactive Black 5 (Na)
Sec. 74264. Input for plant protection agent. cyclodextrin. (FKP), Reactive Scarlet F01–
Sec. 74265. Strawberry furanone. Sec. 74341. Hydroxypropylated beta 0439, and Reactive Orange 131.
Sec. 74266. Emamectin benzoate. cyclodextrin. Sec. 74423. Reactive Yellow F98–0159.
Sec. 74267. Gibberellic acid. Sec. 74342. Methyl beta cyclodextrin. Sec. 74424. Dye mixtures of Reactive Orange
Sec. 74268. Rose oxide. Sec. 74343. 2′-Fucosyllactose. 131 and Reactive Scarlet F07–
Sec. 74269. Vinylene carbonate. Sec. 74344. Ascorbyl glucoside. 0522.
Sec. 74270. Kasugamycin technical. Sec. 74345. Dimethylamine borane (DMAB). Sec. 74425. Reactive Black 31.
Sec. 74271. 2H-Cyclododeca[b]pyran. Sec. 74346. Elderberry extract concentrate. Sec. 74426. Reactive Red 120.
Sec. 74272. Bixafen. Sec. 74347. Disperse Yellow 241. Sec. 74427. Reactive Blue 5.
Sec. 74273. Fluxapyroxad. Sec. 74348. Disperse Orange. Sec. 74428. Reactive Orange 13.
Sec. 74274. 3,5 Dimethylpyrazole. Sec. 74349. Mixtures of Disperse Yellow Sec. 74429. Reactive Orange 12.
Sec. 74275. Pyraclonil. FD11843 and acetic acid. Sec. 74430. Pigment Red 177.
Sec. 74276. Imidazolidinyl urea. Sec. 74350. Disperse Blue 54. Sec. 74431. Pigment Yellow 110.
Sec. 74277. Allantoin. Sec. 74351. Mixtures of several disperse dyes. Sec. 74432. Pigment Yellow 147.
Sec. 74278. Emulsifiable concentrate of Sec. 74352. Mixtures of 4 disperse blue dyes. Sec. 74433. Pigment Orange 64.
Imazalil fungicide. Sec. 74353. Mixtures of 4 dyes. Sec. 74434. Pigment Blue 29.
Sec. 74279. Technical cyazofamid fungicide. Sec. 74354. Disperse Red 86. Sec. 74435. Pigment Violet 15.
Sec. 74280. Imazalil sulfate. Sec. 74355. Disperse Violet 1. Sec. 74436. Pigment Blue 14.
Sec. 74281. 1,2-Dimethylimidazole. Sec. 74356. Disperse Blue 60. Sec. 74437. Solvent Blue 97.
Sec. 74282. 2-Methylimidazole flakes. Sec. 74357. Mixtures of Disperse Orange 29, Sec. 74438. Solvent Green 5.
Sec. 74283. Diazolidinyl urea. Disperse Red 167:1, and Disperse Sec. 74439. Solvent Yellow 98.
ctelli on DSK11ZRN23PROD with SENATE
Sec. 74284. 1-(2-Aminoethyl)imidazolidin-2- Blue 56. Sec. 74440. Solvent Green 7.
one (AEEU). Sec. 74358. Disperse Yellow 54. Sec. 74441. Solvent Red 195.
Sec. 74285. Zinc pyrithione. Sec. 74359. Acid Violet 48. Sec. 74442. Solvent Orange 115.
Sec. 74286. Technical Pyriofenone fungicide. Sec. 74360. Acid Blue 280. Sec. 74443. Specialty dyes.
Sec. 74287. Picoxystrobin. Sec. 74361. Acid Brown 282. Sec. 74444. Solvent Green 3.
Sec. 74288. Triclopyr BEE. Sec. 74362. Acid Red 131. Sec. 74445. Solvent Blue 36.
Sec. 74289. Imazapyr. Sec. 74363. Acid Red 249. Sec. 74446. Mixtures of Solvent Green 3.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1299
Sec. 74447. Solvent Red 52. Sec. 74508. Mixtures of Cymoxanil and fumed Sec. 74552. Antioxidant blends.
Sec. 74448. Solvent Red 149. dioxosilane. Sec. 74553. Antioxidant blends to protect
Sec. 74449. Solvent Red 207. Sec. 74509. Microthiol formulations. polymers.
Sec. 74450. Solvent Violet 14. Sec. 74510. Formulations of thiencarbazone- Sec. 74554. Synthetic hydrotalcite coated
Sec. 74451. Solvent Yellow 179. methyl, Iodosulfuron-methyl- with fatty acid and magnesium
Sec. 74452. Solvent Yellow 131. sodium, and dicamba. stearate.
Sec. 74453. Hogen Blue XB-20. Sec. 74511. Thiencarbazone-methyl, Sec. 74555. Silica scorch retarders and po-
Sec. 74454. Solvent Yellow 104. Isoxadifenethyl, and lymerization inhibitors.
Sec. 74455. Combination of Fluorescent Tembotrione herbicides. Sec. 74556. Synthetic hydrotalcite.
Brighteners 367 and 371. Sec. 74512. Herbicides used on grasses. Sec. 74557. Light stabilizers for construction
Sec. 74456. Fluorescent Brightener CBS-X. Sec. 74513. Thiencarbazone-methyl, products.
Sec. 74457. Optical Brightener SWN. Isoxaflutole, and Sec. 74558. Light stabilizer for plastics.
Sec. 74458. C.I. Fluorescent Brightener 199:1. Cyprosulfamide herbicides. Sec. 74559. Preparations of bis(2,4-
Sec. 74459. Fluorescent Brightener 368. Sec. 74514. Thiencarbazone-methyl and dichlorobenzoyl) peroxide 50
Sec. 74460. 1,4-Bis(2-cyanostyryl)benzene. Iodosulfuron-methylsodium percent paste.
Sec. 74461. Certain manufacturing inputs. herbicides. Sec. 74560. Distilled tall oils.
Sec. 74462. Cerium sulfide pigments. Sec. 74515. Thiencarbazone-methyl and Sec. 74561. Pyridine, alkyl derivatives.
Sec. 74463. Matte pearlescent pigments. Mefenpyr-diethyl herbicides. Sec. 74562. Polyisocyanate crosslinking
Sec. 74464. Angle-dependent interference pig- agents.
Sec. 74516. Thifensulfuron-methyl and
ments. Sec. 74563. Bonding agent mixtures.
Tribenuron-methyl formula-
Sec. 74465. Inorganic Lumilux.
tions. Sec. 74564. Liquid, chemically modified
Sec. 74466. Ribbon/Matrix Resin.
Sec. 74517. Tribenuron-methyl formulations. amine complex of boron
Sec. 74467. Bonding agent 2005.
Sec. 74518. Chlorsulfuron and metsulfuron- trifluoride.
Sec. 74468. Fluoropolymer resin.
methyl formulations. Sec. 74565. Phthalocyanine derivative.
Sec. 74469. Zirconium 12 paint drier.
Sec. 74519. Thifensulfuron-methyl and Sec. 74566. Mixtures of Cocamidopropyl be-
Sec. 74470. Zirconium 24 paint drier.
Sec. 74471. Drier accelerators. Fluroxypyr formulations. taine, glycol distearate,
Sec. 74472. Lemon oil. Sec. 74520. Aciflurofen formulations. Laureth-4, and water.
Sec. 74473. Sulfonic acids, C14–17-sec-alkane, Sec. 74521. S-Metolachlor and Mestrione her- Sec. 74567. Mixtures of tall oil mono-, di-,
sodium salt. bicides. and triglycerides.
Sec. 74474. Potassium ethyl Sec. 74522. Metribuzin formulations. Sec. 74568. Tallow-bis(2-hydroxyethyl)
Sec. 74523. Pendimethaline and Metribuzine amines.
octylphosphonate.
Sec. 74475. Intermediate in the production of formulations. Sec. 74569. Additive mixtures for metal-
Sec. 74524. Formulations of S-Metolachlor working fluids.
industrial lubricants.
Sec. 74476. Polyether dispersant. and Metribuzin. Sec. 74570. Naphthenic acids.
Sec. 74477. D-Glucopyranose. Sec. 74525. Thifensulfuron-methyl and Sec. 74571. Hydroxytyrosol powders.
Sec. 74478. 2-Dodecoxy-6- Tribenuron-methyl formula- Sec. 74572. Secondary alcohol ethoxylates.
(hydroxymethyl)oxane-3,4,5- tions. Sec. 74573. Ethylene glycol dimerate.
triol. Sec. 74526. Metsulfuron-methyl formula- Sec. 74574. Two-part liquid silicone kits.
Sec. 74479. Mixtures of certain C12–14-alkyl tions. Sec. 74575. Hydrophobic precipitated silica.
ethers. Sec. 74527. Chlorimuron-ethyl formulations. Sec. 74576. Silane, trimethoxyoctyl-, hydrol-
Sec. 74480. Manufacturing chemical. Sec. 74528. Mixtures of Bromoxynil octa- ysis products.
Sec. 74481. Nonionic surfactant. noate and Bromoxynil Sec. 74577. 1,1,1-Trimethyl-N-
Sec. 74482. Chemical used in textile manu- heptanoate. (trimethylsilyl)silanamine hy-
facturing. Sec. 74529. Sulfometuron-methyl and drolysis products.
Sec. 74483. Ethoxylated tristyrylphenol Metsulfuron-methyl formula- Sec. 74578. Waterborne epoxy curing agents.
phosphate potassium salt. tions. Sec. 74579. Preparations based on 1-
Sec. 74484. Sodium polycarboxylate, aqueous Sec. 74530. Chlorimuron-ethyl and phenylicosane-1,3-dione.
solution. Tribenuron-methyl formula- Sec. 74580. Mixtures of 2-Mercaptopropionic
Sec. 74485. Aqueous emulsion of a mixture of tions. acid, methyl ester, O-ethyl
amine soaps and miscellaneous Sec. 74531. Formulations containing dithiocarbonate.
other additives. Tiafenacil. Sec. 74581. Epoxy curing agents.
Sec. 74486. Aqueous dispersion of a mixture Sec. 74532. Diuron 80. Sec. 74582. Aliphatic amine curing agents.
of fatty amine and amide soaps Sec. 74533. Flazasulfuron herbicides. Sec. 74583. Non-halogenated flame
and miscellaneous other addi- Sec. 74534. Thifensulfuron-methyl formula- retardants.
tives. tions. Sec. 74584. Ligaphob N 90.
Sec. 74487. Aqueous dispersion of a mixture Sec. 74535. Herbicide for farm and ranch use. Sec. 74585. Organomodified siloxane.
of fatty amine and amide soaps Sec. 74536. Propanil formulations. Sec. 74586. Methyl palmitate-stearate, hy-
and miscellaneous other addi- Sec. 74537. Thifensulfuron formulations. drogenated.
tives. Sec. 74538. Tolpyralate and Nicosulfuron Sec. 74587. Olfine E1010.
Sec. 74488. Photographic gelatin. herbicides. Sec. 74588. Certain non-halogenated flame
Sec. 74489. Ice fountains (class 1.4G). Sec. 74539. Mixtures of magnesium salts and retardants.
Sec. 74490. Magic candles containing magne- application adjuvants. Sec. 74589. Flame retardants.
sium powder. Sec. 74540. Nisin formulations. Sec. 74590. Preparations based on acetyl
Sec. 74491. Party snappers (Class 1.4G). Sec. 74541. Certain fixatives. hexapeptide-8 and pentapeptide-
Sec. 74492. Fenpyroximate 5SC. Sec. 74542. Fuel oil additives: cold flow im- 18.
Sec. 74493. Pyrifluquinazon 20SC. provers containing Sec. 74591. Lithium silicon oxide.
Sec. 74494. Imidacloprid and Muscalure for- poly(ethylene-co-ethenyl ace- Sec. 74592. Branched olefin from propylene
mulations. tate). polymerization.
Sec. 74495. Formulations of acephate and Sec. 74543. Fuel oil additives: cold flow im- Sec. 74593. Polypropylene pellets.
bifenthrin. provers containing fumarate Sec. 74594. Propylene-ethylene copolymer.
Sec. 74496. Fipronil. vinyl acetate co-polymer. Sec. 74595. Ethylene-propylene copolymers.
Sec. 74497. Aluminum phosphide. Sec. 74544. Crude oil additives: cold flow im- Sec. 74596. Benzene alkylated with poly-
Sec. 74498. Magnaphos formulations. provers containing fumarate propylene.
Sec. 74499. Formulated oxamyl. vinyl acetate copolymer. Sec. 74597. Chlorinated polyolefin.
Sec. 74500. Formulated fungicides. Sec. 74545. Pour point depressants. Sec. 74598. Adsorbent resin.
Sec. 74501. Certain fungicides. Sec. 74546. Fuel oil additives: cold flow im- Sec. 74599. Vinyl chloride-hydroxypropyl ac-
Sec. 74502. Prothioconazole, Fluopyram, and provers containing poly (ethyl- rylate copolymer.
Trifloxystrobin fungicides. ene-co-ethenyl acetate and Sec. 74600. Vinyl chloride ethylene copoly-
Sec. 74503. Prothioconazole, Metalaxyl, and vinyl 2-ethyl hexanoate). mer with hydrophic properties.
Tebuconazole fungicides. Sec. 74547. Poly(isobutylene) Sec. 74601. Fluids with boiling points above
Sec. 74504. Mancozeb and Chlorothalonil for- hydroformylation products. 170 °C.
ctelli on DSK11ZRN23PROD with SENATE
mulations. Sec. 74548. Input for rubber products. Sec. 74602. Formulations of functionalized
Sec. 74505. Mixtures of Picarbutrox and ap- Sec. 74549. Mixtures of oligomers as general perfluoropolyether.
plication adjuvants. antioxidants for rubber tires. Sec. 74603. Perfluoropolyether-urethane ac-
Sec. 74506. Mixtures of Tetraconazole and Sec. 74550. Benzene, 2,4-diisocyanato-1,3,5- rylate.
application adjuvants. tris(1-methylethyl)-, Sec. 74604. PVDF homopolymer/PVDF/CTFE
Sec. 74507. Mancozeb and Azoxystrobin for- homopolymer. copolymer mixtures.
mulations. Sec. 74551. Aromatic amine antioxidants. Sec. 74605. Chemically modified PVDF.
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S1300 CONGRESSIONAL RECORD — SENATE March 22, 2022
Sec. 74606. Fluoropolymer, fluoroethylene- Sec. 74662. Methoxyfunctional methyl- Sec. 74722. Magnetic swivel clips for cam-
alkyl vinylether alternative co- phenyl polysiloxane. eras.
polymers. Sec. 74663. Hydrogenpolysiloxane. Sec. 74723. Helmet camera mounts.
Sec. 74607. Copolymer of vinyl acetate and Sec. 74664. Methyl silicone resins. Sec. 74724. Short extension poles for use
higher vinyl esters. Sec. 74665. Trimethylsiloxysilicate. with cameras.
Sec. 74608. Food-grade vinyl acetate copoly- Sec. 74666. Epoxy functional Sec. 74725. Long extension poles for cameras.
mer. polydimethylsiloxane. Sec. 74726. Swivel mounts for cameras.
Sec. 74609. Vinyl chloride ethylene with en- Sec. 74667. Polymethylhydrogensiloxane. Sec. 74727. Tripod camera mounts.
hanced properties. Sec. 74668. Vinyl terminated siloxanes. Sec. 74728. Bulk hydraulic hoses.
Sec. 74610. Vinyl acetate ethylene copoly- Sec. 74669. Silicone hybrid resin (solvent Sec. 74729. Brake hydraulic hoses.
mer with enhanced properties. free). Sec. 74730. Bulk fabric/metal-reinforced rub-
Sec. 74611. Food-grade polyvinyl acetate Sec. 74670. Hydrogenated ber hoses.
homopolymers. Sec. 74731. Disposable gloves.
polycyclopentadiene resin.
Sec. 74732. Reusable gloves.
Sec. 74612. Acrylic acid/vinylsulphonate ran- Sec. 74671. Water dispersable HDI based Sec. 74733. Dog and cat apparel.
dom copolymers. polyisocyanate. Sec. 74734. Polycarbonate vanity cases.
Sec. 74613. Poly(methyl methacrylate) Sec. 74672. Cyanate ester resins for high-end Sec. 74735. Aluminum vanity cases.
microspheres. electronic, aerospace, and in- Sec. 74736. Suitcases with outer surface of
Sec. 74614. Methyl methacrylate dustrial applications. aluminum with built-in zipper
crosspolymer microspheres. Sec. 74673. Polyethyleneimine, component locks.
Sec. 74615. Styrene acrylate copolymer with used in manufacturing medical Sec. 74737. Drawstring backpacks with
enhanced properties. devices. zippered pocket.
Sec. 74616. Copolymer for dental use. Sec. 74674. Polyhexanide. Sec. 74738. Laminated recycled reusable
Sec. 74617. Vinyl phosphonic acid, acrylic Sec. 74675. Ethylene-norbornene copolymer. shopping tote bags.
acid copolymer, 20 percent solu- Sec. 74676. Cellulose powder. Sec. 74739. Tote bags of paper yarn.
tion in water. Sec. 74677. Polymaltotriose. Sec. 74740. Reusable shopping style tote
Sec. 74618. Polyacrylate 33. Sec. 74678. Chitosan. bags.
Sec. 74619. AA/AMPS copolymer. Sec. 74679. Plastic drinking straws. Sec. 74741. Waterproof tote bags.
Sec. 74620. Flocculant dry polyacrylamides. Sec. 74680. Garden hoses. Sec. 74742. Waterproof duffle bags.
Sec. 74621. Sorbitol, propylene oxide, ethyl- Sec. 74681. Plastic fittings of Sec. 74743. Waterproof zippered bags, with-
ene oxide polymer. perfluoroalkoxy. out handles, of plastic sheeting.
Sec. 74622. Trimethoxysilylpropyl carba- Sec. 74682. Low density polyethylene (LDPE) Sec. 74744. Waterproof backpacks.
mate-terminated polyether. sheeting. Sec. 74745. Waterproof waist packs.
Sec. 74623. Dimethoxy(methyl)silylmethyl Sec. 74683. Biaxially oriented dielectric Sec. 74746. Guitar cases.
carbamate-terminated polypropylene film. Sec. 74747. Jewelry boxes.
polyether. Sec. 74684. Biaxially oriented polypropylene Sec. 74748. Silicone rubber camera cases
Sec. 74624. Curing agent is used in two- or (BOPP) capacitor-grade film. with straps.
three-parts epoxy systems. Sec. 74685. Polyester capacitor-grade film. Sec. 74749. Leather gloves with flip mitts for
Sec. 74625. Polyethylene glycol 450. Sec. 74686. Acid form membranes. hunting.
Sec. 74626. Medicinal intermediate for inves- Sec. 74687. Melamine resin foam. Sec. 74750. Men’s leather gloves valued at $18
tigational use. Sec. 74688. Infant bathtubs and basins, of or more per pair.
Sec. 74627. Pegcetacoplan. plastics. Sec. 74751. Belts of calf skin.
Sec. 74628. Aqueous solutions of carboxylic Sec. 74689. Boxes, cases, crates, and similar Sec. 74752. Bamboo engineered flooring: 12.5–
acid-copolymer-salt in water. articles of plastics. 12.9 mm thick.
Sec. 74629. Aqueous solutions of a modified Sec. 74690. Nozzles, black, of polypropylene. Sec. 74753. Bamboo engineered flooring: 14.1–
polymer bearing hydrophilic Sec. 74691. Tip/cap combinations of poly- 14.5 mm thick.
ethylene. Sec. 74754. Bamboo engineered flooring: 15.7–
and hydrophobic groups.
Sec. 74692. Bottles made of LDPE. 16.1 mm thick.
Sec. 74630. Dimethylamine/epichlorohydrin/
Sec. 74755. Strand bamboo flooring: 12.5–12.9
ethylenediamine copolymer. Sec. 74693. Plastic nasal irrigator caps for
mm thick.
Sec. 74631. Linear hydroxyl-terminated ali- neti pots.
Sec. 74756. Strand bamboo flooring: 14.1–14.5
phatic polycarb diol. Sec. 74694. Toy character bottle toppers.
mm thick.
Sec. 74632. Short hollow PET fibers. Sec. 74695. Melamine platters, other than
Sec. 74757. Strand bamboo flooring: 10.9–11.3
Sec. 74633. Polytetrahydrofuran. those presented in sets.
mm thick.
Sec. 74634. Crystalline polyesters. Sec. 74696. Melamine plates, other than Sec. 74758. Chopsticks made of bamboo.
Sec. 74635. Liquid crystal polymers. those presented in sets. Sec. 74759. Drying racks of wood.
Sec. 74636. Branched polyesters. Sec. 74697. Melamine bowls not presented in Sec. 74760. Bamboo skewers.
Sec. 74637. High molecular weight co-poly- sets. Sec. 74761. Wood blinds with louvered slats.
ester. Sec. 74698. Melamine trays not presented in Sec. 74762. 100 percent cotton woven crimped
Sec. 74638. High molecular weight co-poly- sets. unbleached fabric.
ester. Sec. 74699. Plastic measuring cups and Sec. 74763. Woven fabrics of cotton, con-
Sec. 74639. Polyester-polyamide dispersants. spoons in sets. taining 85 percent or more by
Sec. 74640. Nylon-12 micro-spheres. Sec. 74700. Liquid measuring cups. weight of cotton, not more than
Sec. 74641. Short nylon-66 fibers. Sec. 74701. Self-anchoring beverage con- 200 grams per square meter.
Sec. 74642. Short nylon 6 fibers, colored. tainers. Sec. 74764. 100 percent cotton woven
Sec. 74643. Short triangular nylon 6 fibers. Sec. 74702. PVC infant bathtub mats. bleached fabric pieces, open
Sec. 74644. Short star-shaped nylon 6 fibers. Sec. 74703. Reversible playmats. weave.
Sec. 74645. Short heart-shaped nylon 6 fibers. Sec. 74704. Craft mats. Sec. 74765. Incontinence underpad fabrics of
Sec. 74646. PA510 polymer compounds. Sec. 74705. Hangers. cotton.
Sec. 74647. MXD6 polymer compounds. Sec. 74706. Infant bath rinsing cups. Sec. 74766. Woven fabrics of cotton with an
Sec. 74648. PA10T polymer compounds. Sec. 74707. Bathtub spout covers. average yarn number between
Sec. 74649. PA10T/10I polymer compounds. Sec. 74708. Infant teethers. 55 and 60.
Sec. 74650. Polyurethane aqueous resins. Sec. 74709. Lighted dog fetch toys. Sec. 74767. Woven fabric of cotton of yarn
Sec. 74651. Aqueous resin. Sec. 74710. Certain thermoplastic nylon 3- number 69 or higher.
Sec. 74652. Aliphatic polyisocyanate. gang switch wallplates. Sec. 74768. Woven fabrics of cotton with an
Sec. 74653. IPDI and HDI based aliphatic Sec. 74711. Manual plastic disposable cutlery average yarn number exceeding
polyisocyanate. dispensers. 68.
Sec. 74654. HDI/Trimethylol hexyllactone Sec. 74712. Ear bulb syringes of clear sili- Sec. 74769. Incontinence underpad fabrics,
crosspolymer micro-spheres. cone. cotton, plain weave, of yarn
Sec. 74655. HDI/PPG/Polycaprolactone Sec. 74713. PVC inflatable pillows. number 42 or lower.
crosspolymer micro-spheres. Sec. 74714. Self-inflatable queen air mat- Sec. 74770. Incontinence underpad fabrics,
Sec. 74656. Aromatic isocyanate prepolymer. tresses. cotton, plain weave, of yarn
Sec. 74657. Blocked polyisocyanate con- Sec. 74715. Plastic clip fasteners. number between 43 and 68.
ctelli on DSK11ZRN23PROD with SENATE
taining solvent. Sec. 74716. Self-venting spouts for diesel ex- Sec. 74771. Incontinence underpad fabrics,
Sec. 74658. Polyisocyanate adduct for powder haust fluid. bleached.
coatings. Sec. 74717. Plastic pet carriers. Sec. 74772. Incontinence underpad fabrics,
Sec. 74659. Blocked polyisocyanate for use in Sec. 74718. Plastic mixing tips. printed.
can and coil applications. Sec. 74719. Cable ties of plastics. Sec. 74773. Untwisted filament polyvinyl al-
Sec. 74660. Polydimethylsiloxane. Sec. 74720. Flexible camera mountings. cohol yarn, measuring 1,100 to
Sec. 74661. Silicone resins. Sec. 74721. Three-piece camera mount sets. 1,330 decitex.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1301
Sec. 74774. Untwisted filament polyvinyl al- Sec. 74812. Babies’ knit sweaters, pullovers, Sec. 74864. Men’s cycling shoes valued over
cohol yarn. sweatshirts, waistcoats (vests), $18 per pair.
Sec. 74775. Polypropylene (PP) and cardigans, of artificial fi- Sec. 74865. Women’s cycling shoes valued
monofilament. bers. over $16 per pair.
Sec. 74776. Acrylic fiber tow with an average Sec. 74813. Women’s and girls’ tops, knitted Sec. 74866. Men’s golf shoes with outers and
decitex of 0.9. or crocheted, of man-made fi- uppers of rubber or plastics,
Sec. 74777. Black polyester bi-component fi- bers infused with minerals. valued over $20 per pair.
bers. Sec. 74814. Men’s and boy’s tops, knitted or Sec. 74867. Golf shoes other than for men,
Sec. 74778. Acrylic staple fibers with an av- crocheted, of man-made fibers with outers and uppers of rub-
erage decitex of 2.2, fiber length infused with minerals. ber or plastics, valued over $20
of 100 mm. Sec. 74815. Men’s 3 mm wetsuits. per pair.
Sec. 74779. Modacrylic staple fibers not proc- Sec. 74816. Men’s 5.5 and 6.5 mm wetsuits. Sec. 74868. Winter cycling boots for men.
essed for spinning. Sec. 74817. Men’s 3.5 mm wetsuits. Sec. 74869. Winter cycling boots for women.
Sec. 74780. Short polypropylene fibers. Sec. 74818. Men’s 4.5 mm wetsuits. Sec. 74870. Men’s protective active footwear
Sec. 74781. Polyoxadiazole fibers. Sec. 74819. Women’s 3 mm wetsuits. with waterproof soles, valued
Sec. 74782. Artificial staple fibers of viscose Sec. 74820. Women’s 3.5 mm wetsuits. over $26 per pair, covering the
rayon, 38–42 mm in length. Sec. 74821. Women’s 4.5 mm wetsuits. ankle.
Sec. 74783. Artificial fibers of viscose rayon Sec. 74822. Women’s 5.5 and 6.5 mm wetsuits. Sec. 74871. Women’s protective active foot-
for the manufacture of feminine Sec. 74823. Insulated handmuffs of knit poly- wear with waterproof soles, val-
hygiene products. ester. ued over $27 per pair, 15.35–25.4
Sec. 74784. Flame retardant rayon fibers, Sec. 74824. Men’s stockingfoot wader bottom cm in height.
measuring 4.78 decitex. subassemblies, of compressed Sec. 74872. Children’s protective active foot-
Sec. 74785. Flame retardant rayon fibers, neoprene. wear with waterproof soles, val-
measuring 4.55 decitex. Sec. 74825. Men’s stockingfoot wader bottom ued over $18 per pair.
Sec. 74786. Flame retardant rayon fibers, subassemblies, of non-com- Sec. 74873. Men’s protective active footwear
measuring 4.4 decitex. pressed neoprene. with waterproof soles, valued
Sec. 74787. Other flame retardant rayon fi- Sec. 74826. Fishing wader pocket pouch as- over $27 per pair, 15.35–25.4 cm
bers. semblies. in height.
Sec. 74788. Cellulosic man-made viscose Sec. 74827. Women’s coats of man-made Sec. 74874. Children’s footwear valued over
rayon staple fibers, measuring woven fibers. $15 per pair.
1.3–1.5 decitex. Sec. 74828. Men’s or boys’ linen woven trou- Sec. 74875. Women’s protective active foot-
Sec. 74789. Viscose rayon staple fibers, meas- wear, valued over $25 per pair,
sers.
uring 1.5–1.67 decitex, with a Sec. 74829. Men’s or boys’ linen woven 15.35–25.4 cm in height.
fiber length of 38–42 mm. shorts. Sec. 74876. Women’s rubber or plastic foot-
Sec. 74790. Cellulosic man-made viscose wear covering the ankle with
Sec. 74830. Martial arts uniforms.
rayon staple fibers, measuring fox-like banding.
Sec. 74831. Women’s dresses of woven vis-
1.67–2 decitex. Sec. 74877. Cheer shoes covering the ankle.
cose.
Sec. 74791. Viscose rayon staple fibers, meas- Sec. 74878. Footwear for women, with 90 per-
Sec. 74832. Girls’ woven cotton corduroy
uring 1–2 decitex, with a fiber cent of the external surface of
trousers.
length of 4–8 mm. rubber or plastic, valued $15–$22
Sec. 74833. Women’s woven waffle shirts.
Sec. 74792. Viscose staple fibers used in tex- per pair.
Sec. 74834. Babies’ woven artificial fiber
tile, medical, or hygiene appli- Sec. 74879. Sideline cheer shoes.
shirts and blouses. Sec. 74880. Men’s athletic footwear, valued
cations.
Sec. 74835. Babies’ artificial fiber woven under $9 per pair.
Sec. 74793. Viscose rayon staple fibers, meas-
jumpsuits, coveralls, dresses, Sec. 74881. Athletic footwear for women, val-
uring 1.51–2 decitex, with a fiber
skirts, skirtalls, or clothing ac- ued not over $9 per pair.
length of 8–16 mm.
Sec. 74794. Viscose rayon staple fibers, meas- cessories. Sec. 74882. Athletic footwear for children,
uring 1–1.5 decitex, with a fiber Sec. 74836. Women’s or girls’ linen woven valued not over $8 per pair.
length of 8–16 mm. blouses, shirts and shirt- Sec. 74883. Men’s golf shoes, with outer soles
Sec. 74795. Flame retardant viscose rayon blouses, and sleeveless tank and uppers of rubber or plastics,
staple fibers, with a decitex of styles. not covering the ankle, valued
4.7 mm and a fiber length of 51– Sec. 74837. Women’s or girls’ linen woven $15 per pair or over.
60 mm. washsuits, sunsuits, or one- Sec. 74884. Golf shoes other than for men,
Sec. 74796. Viscose rayon staple fibers for piece playsuits. with outer soles and uppers of
nonwoven production. Sec. 74838. Women’s or girls’ linen woven rubber or plastics, not covering
Sec. 74797. Black viscose rayon staple fibers. coveralls or jumpsuits. the ankle, valued $15 per pair or
Sec. 74798. Acrylic or modacrylic staple fi- Sec. 74839. Women’s shawls and similar over.
bers with a decitex of 3–5.6. goods, 100 percent silk. Sec. 74885. Men’s rubber/plastic footwear,
Sec. 74799. Made up hand-cast string-drawn Sec. 74840. Winter cycling gloves. valued not over $5 per pair.
fishing nets. Sec. 74841. Mattress protectors with toppers. Sec. 74886. Women’s rubber/plastic footwear,
Sec. 74800. Knitted carpets containing 75 Sec. 74842. Printed mattress protectors. valued not over $6 per pair.
percent or more of cotton, with Sec. 74843. Lock pocket tents. Sec. 74887. Children’s athletic shoes with
a rubber backing. Sec. 74844. Dark room tents. glitter uppers.
Sec. 74801. Knitted carpets containing 75 Sec. 74845. Air tube chambered tents. Sec. 74888. Cheer shoes with sole less than 12
percent or more by weight of Sec. 74846. Bi-component microfiber tube mm.
polyester, with a rubber back- mop refills. Sec. 74889. Men’s golf shoes with outers and
ing. Sec. 74847. Microfiber duster refills. uppers of rubber or plastics,
Sec. 74802. Faux leather fabrics. Sec. 74848. RFID mop pads. valued over $19 per pair.
Sec. 74803. Grass catcher bags. Sec. 74849. Microfiber cleaning cloths. Sec. 74890. Golf shoes other than for men,
Sec. 74804. Oxygenation membrane capillary Sec. 74850. Microfiber mop pads. outer soles and uppers of rubber
material. Sec. 74851. Golf bag bodies with rain hoods or plastics, valued over $19 per
Sec. 74805. Textile knitted fabrics composed and straps. pair.
of micromodal and elastane. Sec. 74852. Pillow shells, constructed with Sec. 74891. Men’s golf shoes, outer soles of
Sec. 74806. Textile technical knitted fabrics gussets. rubber, plastics, leather or
combining technical cotton and Sec. 74853. Golf bag body flats. composition leather and uppers
elastane. Sec. 74854. Bathtub elbow rests. of leather (except pigskin up-
Sec. 74807. Textile knit fabrics of modal, Sec. 74855. Door swings. pers).
cashmere, and spandex. Sec. 74856. Under bed restraints. Sec. 74892. Men’s oxford work footwear with
Sec. 74808. Women’s and girls’ dresses, knit- Sec. 74857. Flat golf bag body components, metal safety toe and internal
ted or crocheted, of synthetic without bottoms. metatarsal protection.
fibers infused with minerals. Sec. 74858. Bath kneeler. Sec. 74893. Oxford-style leather footwear
Sec. 74809. Women’s and girls’ skirts and di- Sec. 74859. Pillow shells, with oval jacquard with metal safety toe and stat-
ctelli on DSK11ZRN23PROD with SENATE
vided skirts of synthetic fibers weave. ic dissipating protection.
infused with minerals. Sec. 74860. Two-piece camera mount kits. Sec. 74894. Women’s leather footwear, lined
Sec. 74810. Women’s and girls’ knit cardi- Sec. 74861. Sleeve covers. with pigskin with zipper, val-
gans or pullovers containing 70 Sec. 74862. Sports footwear for men, valued ued $47–$60 per pair.
percent or more of silk. over $20 per pair. Sec. 74895. Women’s leather footwear, lined
Sec. 74811. Men’s and boys’ knit cardigans or Sec. 74863. Sports footwear for women, val- with pigskin, valued $31–$40 per
pullovers of linen. ued over $20 per pair. pair.
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S1302 CONGRESSIONAL RECORD — SENATE March 22, 2022
Sec. 74896. Women’s slip-on cow/calf hair Sec. 74926. Children’s leather upper athletic Sec. 74956. Women’s footwear with leather
footwear, valued $50–$60 per footwear, valued not over $9 per soles and textile uppers, valued
pair. pair. $20–$25 per pair.
Sec. 74897. Women’s leather footwear lined Sec. 74927. Men’s athletic type footwear with Sec. 74957. Women’s footwear with cork
with sheepskin. uppers of textile materials of soles and textile uppers.
Sec. 74898. Women’s leather slip-on footwear vegetable fibers and outer soles Sec. 74958. Men’s footwear with felt soles,
lined with sheep leather. of rubber or plastic with textile not covering the ankle, valued
Sec. 74899. Women’s leather slip-on footwear flocking. $20 per pair or higher.
lined with pigskin. Sec. 74928. Athletic footwear for men, with a Sec. 74959. Women’s and girls’ footwear with
Sec. 74900. Women’s leather footwear, lined bellows tongue, valued over cork uppers, valued less than
with pigskin, valued $21–$27 per $6.50 but not over $12 per pair. $25 per pair.
pair. Sec. 74929. Athletic footwear for women, Sec. 74960. Women’s footwear with cow/calf
Sec. 74901. Men’s mid-cut work footwear with a bellows tongue, valued hair uppers, valued $35–$40 per
with composite safety toe and over $6.50 but not over $12 per pair, covering the ankle.
waterproof leather uppers. pair. Sec. 74961. Women’s footwear with cow/calf
Sec. 74902. Men’s leather upper footwear, Sec. 74930. Athletic footwear for children, hair uppers, valued $35–$40 per
San Crispino construction, val- bellows tongue, valued over pair, not covering the ankle.
ued over $32 per pair. $6.50 but not over $12 per pair. Sec. 74962. Women’s footwear with cow/calf
Sec. 74903. Men’s leather upper athletic foot- Sec. 74931. Athletic footwear for men, valued hair uppers, valued $19–$25 per
wear. over $6.50 but not over $9 per pair.
Sec. 74904. Women’s footwear with leather pair. Sec. 74963. Women’s footwear with cow/calf
uppers, lined with pigskin, val- Sec. 74932. Athletic footwear for children, hair uppers, valued $50–$55 per
ued $37–$43 per pair. valued over $6.50 but not over $9 pair.
Sec. 74905. Women’s footwear with leather per pair. Sec. 74964. Women’s footwear, leather soles
Sec. 74933. Men’s waterproof footwear, val-
uppers, lined with pigskin, val- and rubber/plastic uppers, val-
ued over $15 per pair, covering
ued $88–$102 per pair. ued $16–$18 per pair.
Sec. 74906. Women’s footwear with leather the ankle.
Sec. 74934. Men’s waterproof footwear, val- Sec. 74965. Women’s footwear with cow/calf
uppers, lined with pigskin, val- hair uppers, valued $19–$34 per
ued over $13 per pair, not cov-
ued $24–$32 per pair. pair.
ering the ankle.
Sec. 74907. Women’s footwear with leather Sec. 74935. Women’s waterproof footwear, Sec. 74966. Footwear for women, valued over
uppers, lined with pigskin, val- valued over $15 per pair, cov- $50 but not over $60 per pair.
ued $57–$62 per pair. ering the ankle. Sec. 74967. Calf hair upper footwear.
Sec. 74908. Women’s footwear with leather Sec. 74936. Women’s waterproof footwear, Sec. 74968. Gaiters of man-made fibers.
uppers, strap with closed toe valued over $13 per pair, not Sec. 74969. Hats of vegetable fibers.
and open heel. covering the ankle. Sec. 74970. Hairnets.
Sec. 74909. Open toe women’s footwear, val- Sec. 74937. Cheer shoes with uppers of textile Sec. 74971. Cotton knit hats, valued $8 or
ued over $23 but not over $27 per materials. less.
pair. Sec. 74938. Men’s golf shoes, uppers of textile Sec. 74972. Babies’ woven cotton hats.
Sec. 74910. Slip-on footwear for women, val- materials. Sec. 74973. Hats of man-made fiber, valued
ued over $24 but not over $27 per Sec. 74939. Golf shoes other than for men, $5–$25.
pair. uppers of textile materials. Sec. 74974. Waterproof and insulated hats
Sec. 74911. Women’s footwear with leather Sec. 74940. Women’s footwear with textile with ear flaps, valued over $15.
uppers, lined with pigskin, uppers and 50 percent or more Sec. 74975. Fishing wading staffs.
closed toe or heel with func- of the surface area of which is Sec. 74976. Plastic plants for aquariums, not
tional zippers on sides. leather. glued or bound.
Sec. 74912. Women’s footwear with leather Sec. 74941. Shoe and boot covers. Sec. 74977. Natural stone ledger tile of sand-
uppers, lined with pigskin, Sec. 74942. Women’s footwear with textile stone.
closed toe or heel with zipper uppers, open toes or heels, val- Sec. 74978. Marble mosaic and pebble tiles.
closure, height of 43–48 cm. ued $15–$30 per pair. Sec. 74979. Natural stone limestone tiles.
Sec. 74913. Women’s footwear with leather Sec. 74943. Men’s textile upper footwear, Sec. 74980. Natural stone marble tiles.
uppers, lined with pigskin cov- with open toes or open heels, Sec. 74981. Waterjet natural stone mosaic
ering the knee. valued not over $12 per pair. tile.
Sec. 74914. Women’s footwear with leather Sec. 74944. Women’s textile upper footwear, Sec. 74982. Marble entertaining and
uppers, lined with pigskin, with open toes or open heels, serveware.
closed toe or heel with zipper valued not over $12 per pair. Sec. 74983. Articles of marble for kitchen
closure, height of 48–52 cm. Sec. 74945. Children’s textile upper footwear, and dining room.
Sec. 74915. Women’s footwear with leather with open toes or open heels, Sec. 74984. Natural stone ledger tiles of trav-
uppers, open toe with strap and valued not over $12 per pair. ertine.
Sec. 74946. Oxford footwear with textile Sec. 74985. Travertine decorative tile.
buckle, valued $14–$25 per pair.
Sec. 74916. Women’s slip-on footwear with upper and composite toe, val- Sec. 74986. Limestone decorative tiles.
bovine leather uppers. ued at $12–$20 per pair. Sec. 74987. Blank, embossed, and printed
Sec. 74947. Oxford-style footwear for men or
Sec. 74917. Women’s footwear with leather stoneware coaster disks and
women with textile uppers,
uppers, lined with pigskin with trivets.
with an alloy safety toecap and
adjustable laces. Sec. 74988. Rolled green glass sheets.
static dissipating protection.
Sec. 74918. Men’s waterproof leather foot- Sec. 74989. Framed rear-view mirrors.
Sec. 74948. Oxford-style work footwear with
wear, valued $27 per pair or Sec. 74990. Wall mirrors, unframed.
steel safety toe and static dis-
higher. Sec. 74991. Wall mirrors, framed.
sipating protection.
Sec. 74919. Men’s or boys’ golf shoes, valued Sec. 74949. Women’s footwear, covering the Sec. 74992. Stemware (crystalline) drinking
$30 per pair or higher. ankle but not the knee, valued glasses valued over $0.30 but not
Sec. 74920. Competitive cheer shoes with over $24 per pair. over $3 each, other than those
leather uppers. Sec. 74950. Men’s textile upper footwear, not presented in sets.
Sec. 74921. Children’s waterproof leather covering the ankle, valued over Sec. 74993. Double-walled insulated glass
footwear, not covering the $24 per pair. tumblers.
ankle, valued $14 per pair or Sec. 74951. Oxford footwear with textile up- Sec. 74994. Diamond-shaped stemmed wine
higher. pers and composite toe, valued glasses.
Sec. 74922. Women’s footwear with leather over $20 per pair. Sec. 74995. Twisted-center stemless wine
uppers, open toe with strap and Sec. 74952. Men’s mid-cut footwear with a glass.
buckle, valued $12.50–$28 per textile upper and a protective Sec. 74996. Crystalline drinking glasses,
pair. toe cap. without stems, not in sets.
Sec. 74923. Women’s footwear with leather Sec. 74953. Women’s footwear with leather Sec. 74997. Double-walled insulated glass
uppers, closed toe with strap soles and textile uppers, open bowls.
ctelli on DSK11ZRN23PROD with SENATE
and buckle. toes or heels, valued $12–$24 per Sec. 74998. Leaf-shaped glass decanters.
Sec. 74924. Women’s footwear with leather pair. Sec. 74999. Set of four appetizer plates made
uppers, with strap and buckle, Sec. 74954. Footwear for women valued over of glass with steel caddy holder,
valued $27–$40 per pair. $20 but not over $24 per pair. valued at $2 each.
Sec. 74925. Women’s footwear with leather Sec. 74955. Women’s footwear with leather Sec. 75000. Spice rack with glass jars and
uppers, with strap and buckle, soles and textile uppers, valued wooden lids valued not over $3
valued $12.70–$18.70 per pair. $15–$20 per pair. each.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1303
Sec. 75001. Glass lens blanks for infrared ap- Sec. 75047. Rotary food graters. Sec. 75103. Cordless battery powered leaf
plications. Sec. 75048. Coffee presses. blowers between 20 and 60 V.
Sec. 75002. Hair accessories of glass beads, Sec. 75049. Vacuum insulated coffee servers Sec. 75104. Fan assemblies for cab climate
imitation pearls, and imitation with a brew-through lid. systems.
stones, valued less than $7. Sec. 75050. Vacuum insulated coffee servers Sec. 75105. Aquarium air pumps.
Sec. 75003. Filter bags with acid-resistant with no lid. Sec. 75106. Heat pumps for residential use.
coating, of woven fiberglass Sec. 75051. Vacuum insulated coffee servers Sec. 75107. Heat pumps (outdoor units) for
laminated to ePTFE, weighing with fitted hinged lid. split air conditioner systems.
at least 325 g/m2 but not over Sec. 75052. Commercial vacuum insulated Sec. 75108. High-wall indoor units.
350 g/m2. coffee servers with sight gauge. Sec. 75109. Single-zone outdoor units.
Sec. 75053. Commercial vacuum insulated Sec. 75110. Mini heat pumps for split air con-
Sec. 75004. Fiberglass replacement wicks for
coffee servers with plastic base. ditioner systems.
outdoor garden torch.
Sec. 75111. Multi-zone outdoor unit ductless
Sec. 75005. Filter bags of woven fiberglass Sec. 75054. Commercial vacuum insulated
systems.
fabric laminated to an ePTFE, coffee servers with plastic base
Sec. 75112. Indoor units of split air condi-
with a polytetrafluoroethylene and stand.
tioner systems.
coated backing, not acid resist- Sec. 75055. Craft knives with fixed pen-like Sec. 75113. Ductless 18000 BTU heat pumps,
ant, weighing at least 721 g/m2 or retractable blades. single zone inverter.
but not over 771 g/m2. Sec. 75056. Craft knives. Sec. 75114. Single-phase heat pump.
Sec. 75006. Silver catalyst. Sec. 75057. Blades for craft knives with non- Sec. 75115. Steel vacuum pitchers with plas-
Sec. 75007. Silver round blanks. fixed blades. tic hinged lid.
Sec. 75008. Ferroboron alloy. Sec. 75058. Ergonomic pinking shears. Sec. 75116. Oil filters.
Sec. 75009. Cast iron nonmalleable threaded Sec. 75059. Spring-action scissors. Sec. 75117. Battery powered nasal irrigators.
main body combo castings for Sec. 75060. Electronic locks for lockers. Sec. 75118. Struts to absorb vibration.
residential fuel oil tanks. Sec. 75061. Luggage locks of base metal, Sec. 75119. Table saws (25.4 cm.), operable
Sec. 75010. Cast iron nonmalleable threaded packaged for retail sale. corded and cordless.
vent caps for residential fuel oil Sec. 75062. Key-operated door handles, push- Sec. 75120. Sliding miter saws (25.4 cm) with
tanks. pull-rotate. laser, corded and cordless.
Sec. 75011. Cast iron nonmalleable threaded Sec. 75063. Vent mounted magnetic mobile Sec. 75121. Electromechanical rotary ham-
bushings for residential fuel oil phone holder for automobiles. mers, corded and cordless.
tanks. Sec. 75064. Dash mounted magnetic mobile Sec. 75122. Electromechanical hammer im-
Sec. 75012. Cast iron nonmalleable threaded phone holder for automobiles. pact drivers, corded and
tank adapters for residential Sec. 75065. Windshield mounted magnetic cordless.
fuel oil tanks. mobile phone holder for auto- Sec. 75123. Rotary hammer drill tools with
Sec. 75013. Cast iron nonmalleable threaded mobiles. self-contained electric motor.
fill alarm main body for resi- Sec. 75066. Steel latches with plastic plung- Sec. 75124. Drill driver tools with self-con-
dential fuel oil tanks. ers. tained electric motor.
Sec. 75014. Cast iron nonmalleable threaded Sec. 75067. Non-key-operated door handles. Sec. 75125. Extruders.
fill box caps for residential fuel Sec. 75068. Curtain rings. Sec. 75126. Three-dimensional drawing pens.
Sec. 75127. Professional grade three-dimen-
oil tanks. Sec. 75069. Brackets.
sional drawing pens.
Sec. 75015. Cast iron nonmalleable threaded Sec. 75070. Curtain rods.
Sec. 75128. Electric multi-functional blower
leg flanges for residential fuel Sec. 75071. Curtain rod hardware.
vacuums.
oil tanks. Sec. 75072. Curtain tiebacks. Sec. 75129. Autosamplers (multisamplers) for
Sec. 75016. Portable gas cooking stoves. Sec. 75073. Curtain rod finials. liquid chromatographs.
Sec. 75017. Portable outdoor cookers. Sec. 75074. Curved shower rods. Sec. 75130. Autosamplers (vialsamplers) for
Sec. 75018. Self-anchored beverage con- Sec. 75075. Shower hooks and rings. liquid chromatographs.
tainers. Sec. 75076. Straight shower rods. Sec. 75131. Hydraulic hammer assembly.
Sec. 75019. Stainless steel handmade kitchen Sec. 75077. Steel window rods. Sec. 75132. Segmented bladder-operated
sinks. Sec. 75078. Antitheft steel cases with digital molds, with more than 25-inch
Sec. 75020. Loose frame baskets. locks. rim diameter.
Sec. 75021. Two-story fire escape ladders. Sec. 75079. Stainless steel hose kits. Sec. 75133. Used valves for directional con-
Sec. 75022. Three-story fire escape ladders. Sec. 75080. Stainless steel hoses. trol.
Sec. 75023. Work support stands of steel. Sec. 75081. Wrist watch strap buckles not Sec. 75134. Keg spears with pressure release
Sec. 75024. Locking fixtures of iron or steel. over 18 mm. valves.
Sec. 75025. Stainless steel phone handle-and- Sec. 75082. Wrist watch strap buckles over 18 Sec. 75135. Multiport distribution control-
stand accessories. mm. lers.
Sec. 75026. Circular and S-shaped stainless Sec. 75083. Used cylinder heads. Sec. 75136. Subsea modular trees.
steel carabiners. Sec. 75084. Cylinder heads used solely or Sec. 75137. Flow selector unit-multi-port 6-
Sec. 75027. Pieces of refined unwrought cop- principally with certain en- branch engine crankshafts.
per cathode 99.9999 percent gines. Sec. 75138. Engine crankshafts.
pure. Sec. 75085. Engine blocks. Sec. 75139. Turbocharger journal bearings.
Sec. 75028. Ultra-thin and wide-width alu- Sec. 75086. Swirler assemblies for turbines. Sec. 75140. Mid-range bearing housings.
minum foil. Sec. 75087. Barrels for fuel mixing. Sec. 75141. Heavy duty bearing housings.
Sec. 75029. Etched capacitor aluminum foil Sec. 75088. Injector assemblies for certain Sec. 75142. Fixed ration gear boxes.
turbines. Sec. 75143. Track drive gear boxes.
of a thickness 0.018–0.126 mm.
Sec. 75144. Swing bearing assembly.
Sec. 75030. Stove top coffee makers. Sec. 75089. Stem assemblies for certain tur- Sec. 75145. Gears for use in machinery or
Sec. 75031. Aluminum shower caddies. bines. within engines.
Sec. 75032. Step stools of aluminum. Sec. 75090. Tip assemblies for non-gas tur- Sec. 75146. 14Y stepper motors.
Sec. 75033. Aluminum ladders. bines. Sec. 75147. Air door actuators.
Sec. 75034. Circular and S-shaped aluminum Sec. 75091. High pressure fuel pumps. Sec. 75148. Servo motors.
carabiners. Sec. 75092. Dry scroll vacuum pumps Sec. 75149. DC brushed rhombic winding
Sec. 75035. Stationary sprinklers of zinc. 364x333x485 mm. NdFeb magnet motors, with
Sec. 75036. Tungsten waste and scrap. Sec. 75093. Dry scroll vacuum pumps output under 18.65 W.
Sec. 75037. Cobalt alloys. 297x260x420 mm. Sec. 75150. DC brushed rhombic winding
Sec. 75038. Certain gallium (Ga). Sec. 75094. Dry scroll vacuum pumps NdFeB magnet motors.
Sec. 75039. Niobium (columbium) rings no 254x260x420 mm. Sec. 75151. DC brushed rhombic winding Al-
thicker than 20 mm. Sec. 75095. Dry scroll vacuum pumps NiCo magnet motors, with out-
Sec. 75040. Tungsten secondary raw mate- 181x140x358 mm. put under 18.65 W.
rial. Sec. 75096. Turbomolecular vacuum pumps. Sec. 75152. DC brushless rhombic winding
Sec. 75041. Gear-driven bolt cutters and pipe Sec. 75097. Rotary vane vacuum pumps val- NdFeB magnet motors, with
cutters. ued over $500 each. output under 18.65 W.
Sec. 75042. Rotary cutters. Sec. 75098. Vacuum diffusion pumps valued Sec. 75153. DC brushed rhombic winding
ctelli on DSK11ZRN23PROD with SENATE
Sec. 75043. Food graters. over $900 each. NdFeB magnet motors, with
Sec. 75044. Hand tools for applying plastic Sec. 75099. Hand- or foot-operated air pumps. output over 18.65 but not over
clip fasteners to garments. Sec. 75100. Roof vent fans. 37.5 W.
Sec. 75045. Steel workstations with vises ad- Sec. 75101. 12-Amp corded electric leaf blow- Sec. 75154. DC brushed rhombic winding Al-
justable by foot pedal. ers. NiCo magnet motors, with out-
Sec. 75046. Fixed carbide cutter and roller Sec. 75102. Cordless battery powered leaf put over 18.65 W but not over
cone drill bits. blowers not exceeding 20 volts. 37.5 W.
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S1304 CONGRESSIONAL RECORD — SENATE March 22, 2022
Sec. 75155. DC brushless slotless rhombic Sec. 75196. Juice extractors. Sec. 75240. Electric toasters with 6.5 inch
winding NdFeB magnet motors Sec. 75197. Integrated baby food making sys- slots.
output over 18.65 W but not tems. Sec. 75241. Electric toasters with 37 mm
over 37.5 W. Sec. 75198. Electric juice mixers and grind- wide slots, with an under-base
Sec. 75156. DC brushed rhombic winding ers. cord wrap.
NdFeB magnet motors output Sec. 75199. Ultrasonic humidifiers. Sec. 75242. 2- and 4- slot toasters, not having
over 37.5 W but not over 74.6 W. Sec. 75200. Automatic litterboxes, valued no a button to keep toaster con-
Sec. 75157. DC brushless slotless rhombic more than $100. tents warm after toasting.
winding NdFeB magnet motors Sec. 75201. Electric toothbrushes. Sec. 75243. 2-slot toasters, with a button to
output over 37.5 W but not over Sec. 75202. Ultrasonic cool/warm mist hu- keep toaster content warm
74.6 W. midifiers with aromatherapy. after toasting.
Sec. 75158. Motors. Sec. 75203. 2-in-1 can opener. Sec. 75244. Electric toasters with double-
Sec. 75159. DC motors of an output exceeding Sec. 75204. Food spiralizing devices. slice slots.
74.6 W but not exceeding 735 W. Sec. 75205. Ceramic bowls. Sec. 75245. Electric toasters with 37 mm
Sec. 75160. DC motors, of an output exceed- Sec. 75206. Food grinders for certain wide slots, with a retractable
ing 74.6 W but not exceeding 735 electromechanical stand food cord.
W. mixers. Sec. 75246. Electric pressure cookers rated
Sec. 75161. DC brushed rhombic winding Sec. 75207. Pasta press extruders for certain more than 800 W but not more
NdFeB magnet motors output stand food mixers. than 1,000 W, with a capacity of
over 74.6 W but not over 735 W. Sec. 75208. Stainless steel bowls for certain not less than 5 liters.
Sec. 75162. DC brushless slotless rhombic electromechanical stand food Sec. 75247. Electric pressure cookers rated
winding NdFeB magnet motors mixers, with capacity greater more than 1,200 W but not more
output over 74.6 W but not over than 4.2 liters but not exceeding than 1,400 W, with a capacity of
735 W. 4.8 liters. less than 5 liters.
Sec. 75163. DC motors of an output exceeding Sec. 75209. Stainless steel bowls for certain Sec. 75248. Electric pressure cookers rated
750 W but not exceeding 14.92 electromechanical stand food more than 1,000 W but not more
kW. mixers, with capacity greater than 1,200 W, with a capacity of
Sec. 75164. DC electric motor for non-air- than 2.8 liters but not exceeding less than 5 liters.
craft gas turbines. 3.4 liters. Sec. 75249. Contoured heating pads.
Sec. 75165. AC alternators. Sec. 75210. Stainless steel bowls for certain Sec. 75250. Slow cookers with non-stick ce-
Sec. 75166. AC alternators with copper electromechanical stand food ramic coated stoneware.
windings. Sec. 75251. Heating pads.
mixers, with capacity greater
Sec. 75167. Wound stators and rotor assem- Sec. 75252. Programmable slow cookers with
than 5.6 liters but not exceeding
blies. digital display.
8.6 liters. Sec. 75253. 8-Quart electric slow cookers.
Sec. 75168. Rotors. Sec. 75211. Pasta rollers and cutters for
Sec. 75169. Stators for washing machines, Sec. 75254. Programmable slow cookers.
stand food mixers. Sec. 75255. Electric slow cookers with lock-
with a 27-tooth design. Sec. 75212. Glass bowls for certain
Sec. 75170. Stators for washing machines, ing lid.
electromechanical stand food Sec. 75256. Double flip waffle makers with
with an 18-tooth design. mixers.
Sec. 75171. Rotors for washing machines, removable grids.
Sec. 75213. Body trimmers for detailed hair Sec. 75257. Ice cream waffle cone and bowl
with a height of 60.8 mm. trimming.
Sec. 75172. Rotors for washing machines, makers.
Sec. 75214. Hair clipper sets. Sec. 75258. Electric breakfast sandwich mak-
with a height of 49 mm. Sec. 75215. Rechargeable trimmers for trim- ers.
Sec. 75173. 6 V lead-acid storage batteries.
ming human hair. Sec. 75259. Pressure cookers.
Sec. 75174. 12 V lead-acid storage batteries,
Sec. 75216. PCB assemblies for clippers and Sec. 75260. 10-quart programmable slow
used for the auxiliary source of
trimmers. cookers.
power. Sec. 75261. Polished stainless steel 1.5-quart
Sec. 75217. LED bicycle wheel spoke lights.
Sec. 75175. Lead-acid storage batteries, used tea kettles.
Sec. 75218. Bicycle rear lights.
for wheelchairs. Sec. 75262. Egg bite makers.
Sec. 75219. Portable electric lamps.
Sec. 75176. 12 V lead-acid storage batteries, Sec. 75263. Vacuum steel insulated coffee ca-
Sec. 75220. Space heaters.
rated at less than 15 ampere- rafes, of a kind used with deep
Sec. 75221. Microwave ovens with capacity
hours. ultraviolet lithography ma-
not exceeding 22.5 liters.
Sec. 75177. 12 V lead-acid storage batteries, chines.
Sec. 75222. Microwave ovens with capacity
rated at 15 ampere-hours or Sec. 75264. Vacuum steel insulated carafes
exceeding 22.5 liters but not ex-
more. for household coffee machines,
Sec. 75178. Cell box assemblies, weighing 15 ceeding 31 liters.
Sec. 75223. Low-profile microwave ovens of a kind used with deep ultra-
kg or more but not over 18 kg. violet lithography machines.
Sec. 75179. Cell box assemblies, weighing 30 with electronic opening mecha-
nism and integral range hood. Sec. 75265. Vacuum steel bodies with inner
kg or more but not over 36 kg. and outer steel layers.
Sec. 75180. Cell box assemblies, weighing 36 Sec. 75224. Low-profile microwave ovens
with push button opening Sec. 75266. Lamp-holder housings of plastic.
kg or more but not over 49 kg. Sec. 75267. 660 W, 125 V, lamp-holder with
Sec. 75181. Cell box assemblies NX. mechanism and integral range
hood. two 15 amp outlets.
Sec. 75182. Food processors with a capacity Sec. 75268. Combination duplex receptacle/
greater than 2.9 liters but not Sec. 75225. Low-profile microwave ovens
with electronic opening mecha- outlet and USB charger, 15–20
exceeding 3.1 liters. amp, 125 V.
Sec. 75183. Food processors with a capacity nism and without a range hood.
Sec. 75269. Range and dryer receptacles.
greater than 1.6 liters but not Sec. 75226. Searing grills.
Sec. 75270. Residential grade receptacles.
exceeding 2.2 liters. Sec. 75227. Automatic drip coffee makers. Sec. 75271. Residential and commercial USB
Sec. 75184. Cordless hand blenders. Sec. 75228. Espresso machines. receptacles.
Sec. 75185. Cordless hand mixers. Sec. 75229. Coffee makers with dishwasher Sec. 75272. Power strips.
Sec. 75186. Corded hand blenders. safe removable parts. Sec. 75273. Surge protectors.
Sec. 75187. Burr coffee grinders. Sec. 75230. Single-service coffee makers with Sec. 75274. Programmable controllers for ar-
Sec. 75188. Electric food processors with milk frothers. chitectural lighting.
bowl scraper. Sec. 75231. Electric coffee makers with dual Sec. 75275. Electronic modular control pan-
Sec. 75189. Electric food processors with dispensers. els for generators.
snap-locking lid. Sec. 75232. Electric coffee makers for brew- Sec. 75276. Power distribution modules and
Sec. 75190. Electric juice extractors. ing capsules. programmable controllers.
Sec. 75191. Electric drink mixers. Sec. 75233. Automatic or manual pour over Sec. 75277. Glass capacitive touchscreen as-
Sec. 75192. Spiralizing food processors with a coffee makers. semblies with LCD.
capacity equal to or greater Sec. 75234. Removable reservoir Sec. 75278. Lamps containing deuterium gas
than 2.36 liters but not exceed- coffeemakers. without radio-frequency identi-
ing 2.64 liters. Sec. 75235. Single serve coffee makers. fication (RFID).
ctelli on DSK11ZRN23PROD with SENATE
Sec. 75193. Spiralizing food processors with a Sec. 75236. 2-way coffee makers with a 12-cup Sec. 75279. Lamps containing deuterium gas
capacity equal to or greater carafe and a pod brewer. with radio-frequency identifica-
than 2.83 liters but not exceed- Sec. 75237. Rapid cold brew and hot coffee tion (RFID).
ing 3.07 liters. makers. Sec. 75280. Fiber channel coaxial cables of
Sec. 75194. Dicing food processors. Sec. 75238. Electric kettles. silver-plated copper conductors
Sec. 75195. Compact food processor with Sec. 75239. Electric toasters with even-toast and expanded ePTFE
smoothie function. feature. dielectrics.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1305
Sec. 75281. Insulated coaxial cables, of a Sec. 75327. LCD television panel assemblies, Sec. 75381. Indoor oil lamps with base of
kind used with deep ultraviolet with a video display measuring glass or metal.
lithography machines. over 137.16 cm but not over 139.7 Sec. 75382. Outdoor garden torches for table-
Sec. 75282. Coaxial cables insulated with cm. top use.
ePTFE, vapor sealed, of a kind Sec. 75328. Housings designed for infrared Sec. 75383. Glass lens arrays for spotlights.
used with deep ultraviolet li- lenses. Sec. 75384. Lamp shades.
thography machines. Sec. 75329. Electronic temperature indica- Sec. 75385. Galvanized steel LED downlight
Sec. 75283. Coaxial cables insulated with tors, weighing 14.2 g. housing frames.
ePTFE, non-vapor sealed, of a Sec. 75330. Electronic temperature indica- Sec. 75386. Aluminum cylinders for LED
kind used with deep ultraviolet tors, weighing 64.4 g. lighting fixtures.
lithography machines. Sec. 75331. Electronic temperature indica- Sec. 75387. Galvanized steel brackets and
Sec. 75284. Low speed automotive ethernet tors, weighing 430 g. plates for LED lighting fix-
USB harnesses. Sec. 75332. Global cargo trackers, weighing tures.
Sec. 75285. High speed autolink cable USB 660 g. Sec. 75388. Aluminum LED downlight reflec-
harnesses. Sec. 75333. Temperature data monitors, tors.
Sec. 75286. Insulated electric conductors, of weighing 115 g. Sec. 75389. Outdoor garden torch replace-
a kind used with extreme ultra- Sec. 75334. Temperature data monitors, ment canisters.
violet lithography machines. weighing 138.9 g. Sec. 75390. Iris subassemblies for moving
Sec. 75287. Insulated electric conductors, of Sec. 75335. Temperature data monitors, lights.
a kind used with deep ultra- weighing 133.2 g. Sec. 75391. Zoom modules for automated
violet lithography machines. Sec. 75336. Parts and accessories of bicycle moving lights.
Sec. 75288. Insulated electric conductors, of speedometers. Sec. 75392. Golf club heads for fairway
a kind used with optical instru- Sec. 75337. Wired remote controllers. woods.
ments. Sec. 75338. Analog/digital wrist watches. Sec. 75393. Golf club shafts for putters.
Sec. 75289. Rings, blocks, and other insu- Sec. 75339. Mechanical wrist watches. Sec. 75394. Steel golf club shafts, other than
lating fittings of quartz. Sec. 75340. Mechanical wrist watches with for putters.
Sec. 75290. Front tire splash guards for vehi- leather or other band. Sec. 75395. Golf club shaft assemblies.
cles. Sec. 75341. Analog pocket watches. Sec. 75396. Graphite driver golf club shafts,
Sec. 75291. Rear tire splash guards for vehi- Sec. 75342. Projection alarm clocks, non- extra stiff flex.
cles. atomic. Sec. 75397. Graphite hybrid golf club shafts,
Sec. 75292. Automatic gear boxes. Sec. 75343. Projection atomic alarm clocks. extra stiff flex.
Sec. 75293. Suspension systems (struts) for Sec. 75344. Analog wall clocks without ther- Sec. 75398. Graphite irons golf club shafts,
off-highway trucks. mometer, hygrometer, or ba- extra stiff flex.
Sec. 75294. Suspension system stabilizer rometer gauges. Sec. 75399. Graphite driver golf club shafts,
bars. Sec. 75345. Analog clocks with thermometer regular, senior, adult, or ladies
Sec. 75295. Tie rod assemblies. and hygrometer. flex.
Sec. 75296. Used axle housings. Sec. 75346. Atomic analog wall clocks. Sec. 75400. Graphite golf club driver shafts,
Sec. 75297. Used parts for power trains. Sec. 75347. Atomic digital clocks. stiff flex.
Sec. 75298. Front windshield covers. Sec. 75348. Analog kitchen timers. Sec. 75401. Graphite hybrid golf club shafts,
Sec. 75299. Expansion chambers. Sec. 75349. Wrist watch movements having regular, senior, adult, or ladies
Sec. 75300. Bicycle racks for car roofs. over one jewel and less than 7 flex.
Sec. 75301. High pressure fuel injector rails. jewels. Sec. 75402. Graphite hybrid golf club shafts,
Sec. 75302. Stand-up bicycles, having both Sec. 75350. Watch movements having over 7 stiff flex.
wheels exceeding 63.5 cm in di- jewels and under 17 jewels. Sec. 75403. Graphite irons golf club shafts,
ameter. Sec. 75351. Watch cases or ‘‘bodies’’ over 41 regular, senior, adult, or ladies
Sec. 75303. Elliptical cycles, with wheels not mm in diameter. flex.
exceeding 63.5 cm in diameter. Sec. 75352. Watch cases or ‘‘bodies’’ not over Sec. 75404. Graphite irons golf club shafts,
Sec. 75304. Bicycle frames, other than of 41 mm in diameter. stiff flex.
steel, valued $600 or less. Sec. 75353. Watch case bezels, backs, and Sec. 75405. Pickleball paddles.
Sec. 75305. Internal gear bicycle hubs, other centers. Sec. 75406. Pickleballs.
than two or three speeds. Sec. 75354. Watch case parts. Sec. 75407. Exercise cycles.
Sec. 75306. Bicycle pedals other than clipless Sec. 75355. Stainless steel watch bracelets. Sec. 75408. Stationary trainers.
pedals. Sec. 75356. Watch dials. Sec. 75409. Multimodality fitness equipment,
Sec. 75307. Clipless bicycle pedals and parts Sec. 75357. Watch crowns. without integrated contact grip
thereof. Sec. 75358. Watch hands. heart rate monitor.
Sec. 75308. Carbon fiber bicycle seatposts. Sec. 75359. Acoustic guitars. Sec. 75410. Multimodality fitness equipment
Sec. 75309. Bicycle handlebar tape, other Sec. 75360. Console digital pianos. with integrated power sensor to
than silicon or leather tape. Sec. 75361. Grand digital pianos. measure the user’s upper body
Sec. 75310. Trailer cycles. Sec. 75362. Electronic 61-key keyboards. power input.
Sec. 75311. Dropper seatposts. Sec. 75363. Electric guitars and acoustic/ Sec. 75411. Parts and accessories for tread-
Sec. 75312. Bicycle fenders. electric guitars. mills.
Sec. 75313. Bicycle handlebars. Sec. 75364. Memory foam travel pillows. Sec. 75412. Parts and accessories for
Sec. 75314. Multi-functional steel carts. Sec. 75365. Lighting for wall installation. ellipticals.
Sec. 75315. Non-mechanically propelled in- Sec. 75366. Decorative bathroom fan assem- Sec. 75413. Parts and accessories for sta-
dustrial hand truck. blies (lighting fixtures) assem- tionary exercise cycles.
Sec. 75316. Moving dollies. blies. Sec. 75414. Parts and accessories for weight
Sec. 75317. Paragliders, paraglider wings and Sec. 75367. Metal household floor lamps. training equipment.
paraglider harnesses. Sec. 75368. Solar powered pathway lights, Sec. 75415. Parts and accessories for certain
Sec. 75318. Sailing catamarans and power each measuring between 36.8 cm exercise equipment machines.
catamarans. and 42 cm in height. Sec. 75416. Lateral elliptical machines.
Sec. 75319. Projection lenses. Sec. 75369. Solar powered pathway lights, Sec. 75417. Adjustable-weight kettlebells.
Sec. 75320. Mounted optical lenses. each measuring between 45 cm Sec. 75418. Adjustable-weight barbell.
Sec. 75321. Objective lenses for broadcast and 48 cm in height. Sec. 75419. Exercise cycles with dual-posi-
cameras. Sec. 75370. Exterior exit viewing lights, dual tion handgrips.
Sec. 75322. Objective lenses for cinema cam- beam. Sec. 75420. Exercise cycles with single hand-
eras. Sec. 75371. LED flameless candles. grips.
Sec. 75323. Magnifying spectacles. Sec. 75372. Aquarium LED light strands. Sec. 75421. Upright exercise cycles.
Sec. 75324. LCD television panel assemblies, Sec. 75373. LED light modules for bathroom Sec. 75422. Recumbent exercise cycles with
with a video display measuring fans/lights. touchscreen consoles.
over 175.26 cm. Sec. 75374. Aquarium LED light sticks. Sec. 75423. Leaning exercise cycles.
Sec. 75325. LCD television panel assemblies, Sec. 75375. Aquarium LED light strips. Sec. 75424. Rod gyms, with vertical bench.
ctelli on DSK11ZRN23PROD with SENATE
with a video display measuring Sec. 75376. Decorative votive candle holders. Sec. 75425. Rod and resistance gyms, with
over 149.86 cm but not over Sec. 75377. Candle jar shades. flat benches.
175.26 cm. Sec. 75378. Non-electrical lighting. Sec. 75426. Foldable treadmills, with LCD
Sec. 75326. LCD television panel assemblies, Sec. 75379. Outdoor garden or patio torches consoles with control keypads.
with a video display measuring of bamboo construction. Sec. 75427. Foldable treadmills, with
over 139.7 cm but not over 149.86 Sec. 75380. Outdoor garden or patio torches touchscreen consoles measuring
cm. of non-bamboo construction. 44.5 cm or less.
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S1306 CONGRESSIONAL RECORD — SENATE March 22, 2022
Sec. 75428. Indoor cycling machines with of the William M. (Mac) Thornberry National sistance under this paragraph, the Secretary
wireless data touchscreen dis- Defense Authorization Act for Fiscal Year may consider whether a covered entity pro-
plays. 2021 (Public Law 116–283). Amounts in the duces or supplies equipment or materials
Sec. 75429. Indoor cycling machines with Fund to carry out section 9906 of Public Law used in the fabrication, assembly, testing, or
LCD consoles and two water 116–283 shall be transferred to and merged advanced packaging of semiconductors at
bottle holders. with ac counts within the Department of mature technology nodes that are necessary
Sec. 75430. Indoor cycling machines with Commerce to be used for such purposes. to support a critical manufacturing indus-
LCD consoles and single water (2) APPROPRIATION.— try.
bottle holder. (A) In addition to amounts otherwise avail- (D) ln awarding Federal financial assist-
Sec. 75431. Recumbent elliptical machines. able for such purposes, there is appropriated ance to covered entities under this para-
Sec. 75432. Fitness equipment combining the to the Fund established in subsection (a)(1), graph, the Secretary shall give priority to
functions of an elliptical and a out of amounts in the Treasury not other- covered entities that support the resiliency
stair stepper, weight over 90 wise appropriated— of semiconductor supply chains for critical
kgs. (i) for fiscal year 2022, $24,000,000,000, to re- manufacturing industries in the United
Sec. 75433. Foldable treadmills with main available until expended, of which States.
touchscreen console greater $19,000,000,000 shall be for section 9902 of Pub- (E) In this paragraph, the term ‘‘critical
than 44.4 cm. lic Law 116–283, $2,000,000,000 shall be for sub- manufacturing industry’’—
Sec. 75434. Interactive indoor cycling exer- section (c) of section 9906 of Public Law 116– (i) means an industry that is assigned a
cise cycles. 283, $2,500,000,000 shall be for subsection (d) of
North American Industry Classification Sys-
Sec. 75435. Multimodality fitness equipment, section 9906 of Public Law 116–283, and
tem code beginning with 31, 32, or 33, and for
with integrated contact grip $500,000,000 shall be for subsections (e) and (f)
which the industry components that are as-
heart rate monitors. of section 9906 of Public Law 116–283;
signed a North American Industry Classifica-
Sec. 75436. Fishing reels valued not over (ii) for fiscal year 2023, $7,000,000,000 to re-
tion System code beginning with the same 4
$2.70 each, pre-spooled, with rod main available until expended, of which
digits as the industry—
and fishing line. $5,000,000,000 shall be for section 9902 of Pub-
lic Law 116–283 and $2,000,000,000 shall be for (I) manufacture primary products and
Sec. 75437. Fishing reels valued not over parts, the sum of which account for not less
$2.70 each. subsections (c), (d), (e), and (f) of section 9906
of Public Law 116–283; than 5 percent of the manufacturing value
Sec. 75438. Hard artificial crankbaits. added by industry gross domestic product of
Sec. 75439. Collapsible big game decoys. (iii) for fiscal year 2024, $6,300,000,000, to re-
main available until expended, of which the United States; and
Sec. 75440. Vacuum steel hinged lid pitchers, (II) employ individuals for primary prod-
not exceeding 1 liter. $5,000,000,000 shall be for section 9902 of Pub-
lic Law 116–283 and $1,300,000,000 shall be for ucts and parts manufacturing activities
Sec. 75441. Vacuum insulated drinkware hav- that, combined, account for not less than 5
ing a capacity exceeding 1 liter subsections (c), (d), (e), and (f) of section 9906
of Public Law 116–283; percent of manufacturing employment in the
but not exceeding 2 liters. United States; and
Sec. 75442. Vacuum insulated drinkware hav- (iv) for fiscal year 2025, $6,100,000,000, to re-
main available until expended, of which (ii) may include any other manufacturing
ing a capacity exceeding 2 liters industry designated by the Secretary based
but not exceeding 4 liters. $5,000,000,000 shall be for section 9902 of Pub-
lic Law 116–283 and $1,100,000,000 shall be for on the relevance of the manufacturing indus-
Sec. 75443. Vacuum glass lined steel coffee
subsections (c), (d), (e), and (f) of section 9906 try to the national and economic security of
servers over 2 liters.
of Public Law 116–283; and the United States, including the impacts of
Sec. 75444. Vacuum glass lined steel coffee
(v) for fiscal year 2026, $6,800,000,000, to re- job losses.
servers over 2 liters with lever
main available until expended, of which (F) In this paragraph, the term ‘‘mature
dispensing.
$5,000,000,000 shall be for section 9902 of Pub- technology node’’ has the meaning given the
PART II—EXISTING DUTY SUSPENSIONS AND lic Law 116– 283 and $1,800,000,000 shall be for term by the Secretary of Commerce.
REDUCTIONS subsections (c), (d), (e), and (f) of section 9906 (4) ALLOCATION AUTHORITY.—
Sec. 75451. Extension of certain existing of Public Law 116–283. (A) SUBMISSION OF COST ESTIMATES.—The
duty suspensions and reduc- (B) In carrying out this subsection, the President shall submit to Congress detailed
tions and other modifications. Secretary of Commerce may use up to 2 per- account, program, and project allocations of
PART III—EFFECTIVE DATE cent of the amounts made available in each the full amount made available under sub-
fiscal year for salaries and expenses, admin- section (a)(2)—
Sec. 75461. Effective date.
istration, and oversight purposes, of which (i) for fiscal year 2022, not later than 90
Subtitle C—Reauthorization of American $5,000,000 in each of fiscal years 2022 through days after the date of enactment of this Act;
Manufacturing Competitiveness Act of 2016 2026 shall be transferred to the Office of In- and
Sec. 75471. Reauthorization of American spector General of the Department of Com- (ii) for each fiscal year through 2026, as
Manufacturing Competitiveness merce to oversee expenditures from the part of the annual budget submission of the
Act of 2016. Fund. President under section 1105(a) of title 31,
TITLE V—AUTHORIZATION OF (3) ASSISTANCE FOR MATURE TECHNOLOGY United States Code.
APPROPRIATIONS NODES.— (B) ALTERNATE ALLOCATION.—
(A) Of the amount available in fiscal year (i) IN GENERAL.—The Committees on Ap-
Sec. 76001. Authorization of additional ap-
2022 to implement section 9902 of Public Law propriations of the House of Representatives
propriations.
116–283, $2,000,000,000 shall be to provide Fed- and the Senate may provide for alternate al-
TITLE VI—CUSTOMS USER FEES eral financial assistance to covered entities location of amounts made available under
Sec. 77001. Extension of customs user fees. to incentivize investment in facilities and subsection (a)(2), including by account, pro-
DIVISION A—CHIPS AND O-RAN 5G equipment in the United States for the fab- gram, and project.
EMERGENCY APPROPRIATIONS rication, assembly, testing, or advanced (ii) ALLOCATION BY PRESIDENT.—
SEC. 1001. TABLE OF CONTENTS.
packaging of semiconductors at mature (I) NO ALTERNATE ALLOCATIONS.—If Con-
technology nodes. gress has not enacted legislation estab-
The table of contents for this division is as
(B) In addition to the procedures, eligi- lishing alternate allocations, including by
follows:
bility, and considerations for review speci- account, program, and project, by the date
DIVISION A—CHIPS AND O-RAN 5G fied in subsection 9902(a)(2) of Public Law on which the Act making full-year appro-
EMERGENCY APPROPRIATIONS 116–283, in order to for an entity to qualify to priations for the Department of Commerce,
Sec. 1001. Table of contents. receive Federal financial assistance under Justice, Science, and Related Agencies for
Sec. 1002. Creating Helpful Incentives to this paragraph, the covered entity shall— the applicable fiscal year is enacted into law,
Produce Semiconductors (i)(I) provide equipment or materials for only then shall amounts made available
(CHIPS) for America Fund. the fabrication, assembly, testing, or ad- under subsection (a)(2) be allocated by the
Sec. 1003. Appropriations for wireless supply vanced packaging of semiconductors at ma- President or apportioned or allotted by ac-
chain innovation. ture technology nodes in the United States; count, program, and project pursuant to title
SEC. 1002. CREATING HELPFUL INCENTIVES TO or 31, United States Code.
PRODUCE SEMICONDUCTORS (II) fabricate, assemble using advanced (II) INSUFFICIENT ALTERNATE ALLOCATION.—
(CHIPS) FOR AMERICA FUND. packaging, or test semiconductors at mature If Congress enacts legislation establishing
(a) CHIPS FOR AMERICA FUND.— technology nodes in the United States; and alternate allocations, including by account,
ctelli on DSK11ZRN23PROD with SENATE
(1) ESTABLISHMENT.—There is established (ii) commit to using any Federal financial program, and project, for amounts made
in the Treasury of the United States a fund assistance received under this section to in- available under subsection (a)(2) that are
to be known as the ‘‘Creating Helpful Incen- crease the production of semiconductors at less than the full amount appropriated under
tives to Produce Semiconductors (CHIPS) for mature technology nodes. that subsection, the difference between the
America Fund’’ (referred to in this sub- (C) ln addition to the considerations de- amount appropriated and the alternate allo-
section as the ‘‘Fund’’) for the Secretary of scribed in subsection 9902(a)(2)(C) of Public cation shall be allocated by the President
Commerce to carry out sections 9902 and 9906 Law 116–283, in granting Federal financial as- and apportioned and allotted by account,
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1307
program, and project pursuant to title 31, (1) ESTABLISHMENT.—There is established (II) INSUFFICIENT ALTERNATE ALLOCATION.—
United States Code. in the Treasury of the United States a fund If Congress enacts legislation establishing
(b) CHIPS FOR AMERICA DEFENSE FUND.— to be known as the ‘‘Creating Helpful Incen- alternate allocations, including by account,
(1) ESTABLISHMENT.—There is established tives to Produce Semiconductors (CHIPS) for program, project, and activity, for amounts
in the Treasury of the United States a fund America International Technology Security made available under subsection (c)(2) that
to be known as the ‘‘Creating Helpful Incen- and Innovation Fund’’ (referred to in this are less than the full amount appropriated
tives to Produce Semiconductors (CHIPS) for subsection as the ‘‘Fund’’) to provide for under that subsection, the difference be-
America Defense Fund’’ (referred to in this international information and communica- tween the amount appropriated and the al-
subsection as the ‘‘Fund’’) to provide for re- tions technology security and semiconductor ternate allocation shall be allocated by the
search, development, test and evaluation, supply chain activities, including to support President and apportioned and allotted by
workforce development, and other require- the development and adoption of secure and account, program, project, and activity pur-
ments that are unique to the Department of trusted telecommunications technologies, suant to title 31, United States Code.
Defense and the intelligence community, in- secure semiconductors, secure semiconduc- (d) SEQUESTRATION.—Section 255(g)(1)(A) of
cluding those requirements that are nec- tors supply chains, and other emerging tech- the Balanced Budget and Emergency Deficit
essary to carry out section 9903(b) of the Wil- nologies and to carry out sections 9905 and Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
liam M. (Mac) Thornberry National Defense 9202(a)(2) of the William M. (Mac) Thorn- amended by inserting after ‘‘Continuing
Authorization Act for Fiscal Year 2021 (Pub- berry National Defense Authorization Act Fund, Southwestern Power Administration
lic Law 116–283). Amounts in the Fund shall for Fiscal Year 2021 (Public Law 116–283), as (89–5649–0–2–271).’’ the following:
be transferred to and merged with accounts appropriate. Amounts in the Fund shall be ‘‘Creating Helpful Incentives to Produce
within the Department of Defense to be used transferred by the Secretary of State to ac- Semiconductors (CHIPS) for America Fund.
for such purposes. Amounts in the Fund or counts within the Department of State, the ‘‘Creating Helpful Incentives to Produce
transferred to and merged with accounts United States Agency for International De- Semiconductors (CHIPS) for America De-
within the Department of Defense may not velopment, the Export-Import Bank, and the fense Fund.
be used for construction of facilities. United States International Development Fi- ‘‘Creating Helpful Incentives to Produce
(2) APPROPRIATION.—In addition to nance Corporation, as appropriate, to be used Semiconductors (CHIPS) for America Inter-
amounts otherwise available for such pur- for such purposes and under the terms and national Technology Security and Innova-
conditions of the account to which trans- tion Fund.’’.
poses, there is appropriated to the Fund es-
ferred. (e) EMERGENCY DESIGNATION.—
tablished in subsection (b)(1), out of amounts
(2) APPROPRIATION.— (1) IN GENERAL.—The amounts provided
in the Treasury not otherwise appropriated—
(A) In addition to amounts otherwise avail- under this section are designated as an emer-
(A) for fiscal year 2022, $400,000,000, to re-
able for such purposes, there is appropriated gency requirement pursuant to section 4(g)
main available until September 30, 2022;
to the Fund established in subsection (c)(1), of the Statutory Pay-As-You-Go Act of 2010
(B) for fiscal year 2023, $400,000,000, to re-
out of amounts in the Treasury not other- (2 U.S.C. 933(g)).
main available until September 30, 2023;
wise appropriated— (2) DESIGNATION IN SENATE.—In the Senate,
(C) for fiscal year 2024, $400,000,000, to re-
(i) for fiscal year 2022, $100,000,000, to re- this section is designated as an emergency
main available until September 30, 2024; main available until September 30, 2026; requirement pursuant to section 4112(a) of H.
(D) for fiscal year 2025, $400,000,000, to re- (ii) for fiscal year 2023, $100,000,000, to re- Con. Res. 71 (115th Congress), the concurrent
main available until September 30, 2025; and main available until September 30, 2027; resolution on the budget for fiscal year 2018.
(E) for fiscal year 2026, $400,000,000, to re- (iii) for fiscal year 2024, $100,000,000, to re- SEC. 1003. APPROPRIATIONS FOR WIRELESS SUP-
main available until September 30, 2026. main available until September 30, 2028; PLY CHAIN INNOVATION.
(3) ALLOCATION AUTHORITY.— (iv) for fiscal year 2025, $100,000,000, to re- (a) DIRECT APPROPRIATIONS.—In addition to
(A) SUBMISSION OF COST ESTIMATES.—The main available until September 30, 2029; and amounts otherwise available for such pur-
President shall submit to Congress detailed (v) for fiscal year 2026, $100,000,000, to re- poses, there is appropriated to the Public
account, program element, and project allo- main available until September 30, 2030. Wireless Supply Chain Innovation Fund es-
cations of the full amount made available (B) In carrying out this subsection, the tablished under section 9202(a)(1) of the Wil-
under subsection (b)(2)— Secretary of State may use up to $5,000,000 of liam M. (Mac) Thornberry National Defense
(i) for fiscal year 2022, not later than 90 the amounts made available in each fiscal Authorization Act for Fiscal Year 2021 (Pub-
days after the date of enactment of this Act; year for the Fund for salaries and expenses, lic Law 116–283), out of amounts in the Treas-
and administration, and oversight purposes, of ury not otherwise appropriated, $1,500,000,000
(ii) for each fiscal year through 2026, as which $500,000 in each of fiscal years 2022 for fiscal year 2022, to remain available
part of the annual budget submission of the through 2026 shall be transferred to the Of- through September 30, 2031.
President under section 1105(a) of title 31, fice of Inspector General of the Department (b) USE OF FUNDS, ADMINISTRATION, AND
United States Code. of State to oversee expenditures under the OVERSIGHT.—Of the amounts made available
(B) ALTERNATE ALLOCATION.— Fund. under subsection (a)—
(i) IN GENERAL.—The Committees on Ap- (3) ALLOCATION AUTHORITY.— (1) not more than 5 percent of the amounts
propriations of the House of Representatives (A) SUBMISSION OF COST ESTIMATES.—The allocated pursuant to subsection (c) in a
and the Senate may provide for alternate al- President shall submit to Congress detailed given fiscal year may be used by the Assist-
location of amounts made available under account, program, project, and activity allo- ant Secretary of Commerce for Communica-
subsection (b)(2), including by account, pro- cations of the full amount made available tions and Information to administer the pro-
gram element, and project. under subsection (c)(2)— grams funded from the Public Wireless Sup-
(ii) ALLOCATION BY PRESIDENT.— (i) for fiscal year 2022, not later than 90 ply Chain Innovation Fund; and
(I) NO ALTERNATE ALLOCATIONS.—If Con- days after the date of enactment of this Act; (2) not less than $2,000,000 per fiscal year
gress has not enacted legislation estab- and shall be transferred to the Office of Inspector
lishing alternate allocations, including by (ii) for each fiscal year through 2026, as General of the Department of Commerce for
account, program element, and project, by part of the annual budget submission of the oversight related to activities conducted
the date on which the Act making full-year President under section 1105(a) of title 31, using amounts provided under this section.
appropriations for the Department of De- United States Code. (c) ALLOCATION AUTHORITY.—
fense for the applicable fiscal year is enacted (B) ALTERNATE ALLOCATION.— (1) SUBMISSION OF COST ESTIMATES.—The
into law, only then shall amounts made (i) IN GENERAL.—The Committees on Ap- President shall submit to Congress detailed
available under subsection (b)(2) be allocated propriations of the House of Representatives account, program, and project allocations of
by the President or apportioned or allotted and the Senate may provide for alternate al- the amount recommended for allocation in a
by account, program element, and project location of amounts made available under fiscal year from amounts made available
pursuant to title 31, United States Code. subsection (c)(2), including by account, pro- under subsection (a)—
(II) INSUFFICIENT ALTERNATE ALLOCATION.— gram, project, and activity. (A) for fiscal year 2022, not later than 90
If Congress enacts legislation establishing (ii) ALLOCATION BY PRESIDENT.— days after the date of enactment of this Act;
alternate allocations, including by account, (I) NO ALTERNATE ALLOCATIONS.—If Con- and
program element, and project, for amounts gress has not enacted legislation estab- (B) for each subsequent fiscal year through
made available under subsection (b)(2) that lishing alternate allocations, including by 2031, as part of the annual budget submission
are less than the full amount appropriated account, program, project, and activity, by of the President under section 1105(a) of title
under that subsection, the difference be- the date on which the Act making full-year 31, United States Code.
tween the amount appropriated and the al- appropriations for the Department of State, (2) ALTERNATE ALLOCATION.—
ctelli on DSK11ZRN23PROD with SENATE
ternate allocation shall be allocated by the Foreign Operations, and Related Programs (A) IN GENERAL.—The Committees on Ap-
President and apportioned and allotted by for the applicable fiscal year is enacted into propriations of the House of Representatives
account, program element, and project pur- law, only then shall amounts made available and the Senate may provide for alternate al-
suant to title 31, United States Code. under subsection (c)(2) be allocated by the location of amounts recommended for alloca-
(c) CHIPS FOR AMERICA INTERNATIONAL President or apportioned or allotted by ac- tion in a given fiscal year from amounts
TECHNOLOGY SECURITY AND INNOVATION count, program, project, and activity pursu- made available under subsection (a), includ-
FUND.— ant to title 31, United States Code. ing by account, program, and project.
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S1308 CONGRESSIONAL RECORD — SENATE March 22, 2022
(B) ALLOCATION BY PRESIDENT.— TITLE II—NSF RESEARCH, STEM, AND Sec. 2513. Study of sister city partnerships
(i) NO ALTERNATE ALLOCATIONS.—If Con- GEOGRAPHIC DIVERSITY INITIATIVES operating within the United
gress has not enacted legislation estab- Sec. 2201. Chief Diversity Officer of the NSF. States involving foreign com-
lishing alternate allocations, including by Sec. 2202. Programs to address the STEM munities in countries with sig-
account, program, and project, by the date workforce. nificant public sector corrup-
on which the Act making full-year appro- Sec. 2203. Emerging research institution tion.
priations for the Departments of Commerce pilot program. Sec. 2514. Prohibition on transfer, assign-
and Justice, Science, and Related Agencies Sec. 2204. Personnel management authori- ment, or disposition of con-
for the applicable fiscal year is enacted into ties for the Foundation. struction permits and station
law, only then shall amounts recommended Sec. 2205. Advanced Technological Manufac- licenses to entities subject to
for allocation for that fiscal year from turing Act. undue influence by the Chinese
amounts made available under subsection (a) Sec. 2206. Intramural emerging institutions Communist Party or the Gov-
be allocated by the President or apportioned pilot program. ernment of the People’s Repub-
or allotted by account, program, and project Sec. 2207. Public-private partnerships. lic of China.
pursuant to title 31, United States Code. Sec. 2208. AI Scholarship-for-Service Act. Sec. 2515. Limitation on nuclear cooperation
(ii) INSUFFICIENT ALTERNATE ALLOCATION.— Sec. 2209. Geographic diversity. with the People’s Republic of
If Congress enacts legislation establishing Sec. 2210. Rural STEM Education Act. China.
alternate allocations, including by account, Sec. 2211. Quantum Network Infrastructure Sec. 2516. Certification.
program, and project, for amounts rec- and Workforce Development Sec. 2517. Fairness and due process in stand-
ommended for allocation in a given fiscal Act. ards-setting bodies.
year from amounts made available under Sec. 2212. Supporting Early-Career Re- Sec. 2518. Shark fin sales elimination.
subsection (a) that are less than the full searchers Act. Sec. 2519. Sense of Congress on forced labor.
amount recommended for allocation for that Sec. 2213. Advancing Precision Agriculture Sec. 2520. Open network architecture.
fiscal year, the difference between the Capabilities Act. Sec. 2521. Combatting sexual harassment in
amount recommended for allocation and the Sec. 2214. Critical minerals mining research. science.
Sec. 2215. Caregiver policies. Sec. 2522. National Science Corps.
alternate allocation shall be allocated by the
Sec. 2216. Presidential awards. Sec. 2523. Annual report on foreign research.
President and apportioned and allotted by
Sec. 2217. Bioeconomy Research and Devel- Sec. 2524. Accelerating Unmanned Maritime
account, program, and project pursuant to
opment Act of 2021. Systems Research.
title 31, United States Code. Sec. 2525. Foundation funding to institu-
(d) SEQUESTRATION.—Section 255(g)(1)(A) of Sec. 2218. Microgravity utilization policy.
TITLE III—RESEARCH SECURITY tions hosting or supporting con-
the Balanced Budget and Emergency Deficit
fucius institutes.
Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is Sec. 2301. National Science Foundation re- Sec. 2526. Supporting documents.
amended by inserting after ‘‘Postal Service search security. Sec. 2527. BASIC Research.
Fund (18–4020–0–3–372).’’ the following: Sec. 2302. Research security and integrity Sec. 2528. Foundation for Energy Security
‘‘Public Wireless Supply Chain Innovation information sharing analysis and Innovation.
Fund.’’. organization.
TITLE VI—SPACE MATTERS
(e) EMERGENCY DESIGNATION.— Sec. 2303. Foreign government talent re-
(1) IN GENERAL.—The amounts provided cruitment program prohibition. Subtitle A—SPACE Act
under this section are designated as an emer- Sec. 2304. Additional requirements for Direc- Sec. 2601. Short title.
gency requirement pursuant to section 4(g) torate research security. Sec. 2602. Sense of Congress.
of the Statutory Pay-As-You-Go Act of 2010 Sec. 2305. Protecting research from cyber Sec. 2603. Definitions.
(2 U.S.C. 933(g)). theft. Sec. 2604. Space situational awareness data,
(2) DESIGNATION IN SENATE.—In the Senate, Sec. 2306. International standards develop- information, and services: pro-
this section is designated as an emergency ment. vision to non-United States
requirement pursuant to section 4112(a) of H. Sec. 2307. Research funds accounting. Government entities.
Con. Res. 71 (115th Congress), the concurrent Sec. 2308. Plan with respect to sensitive or Sec. 2605. Centers of Excellence for Space
resolution on the budget for fiscal year 2018. controlled information and Situational Awareness.
DIVISION B—ENDLESS FRONTIER ACT background screening. Subtitle B—National Aeronautics and Space
TITLE IV—REGIONAL INNOVATION Administration Authorization Act
SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be CAPACITY Sec. 2611. Short title.
cited as the ‘‘Endless Frontier Act’’. Sec. 2401. Regional technology hubs. Sec. 2612. Definitions.
(b) TABLE OF CONTENTS.—The table of con- Sec. 2402. Manufacturing USA Program. PART I—AUTHORIZATION OF APPROPRIATIONS
tents of this division is as follows: Sec. 2403. Establishment of expansion Sec. 2613. Authorization of appropriations.
DIVISION B—ENDLESS FRONTIER ACT awards program in Hollings
PART II—HUMAN SPACEFLIGHT AND
Manufacturing Extension Part-
Sec. 2001. Short title; table of contents. EXPLORATION
nership and authorization of ap-
Sec. 2002. Definitions. propriations for the Partner- Sec. 2614. Competitiveness within the
Sec. 2003. Sense of Congress. human landing system pro-
ship.
Sec. 2004. Interagency working group. gram.
Sec. 2404. National Manufacturing Advisory
Sec. 2005. Key technology focus areas. Sec. 2615. Space launch system configura-
Council.
TITLE I—NSF TECHNOLOGY AND tions.
INNOVATION TITLE V—MISCELLANEOUS Sec. 2616. Advanced spacesuits.
Sec. 2101. Definitions. Sec. 2501. Strategy and report on economic Sec. 2617. Acquisition of domestic space
Sec. 2102. Directorate establishment and security, science, research, and transportation and logistics re-
purpose. innovation to support the na- supply services.
Sec. 2103. Personnel management. tional security strategy. Sec. 2618. Rocket engine test infrastructure.
Sec. 2104. Innovation centers. Sec. 2502. Person or entity of concern prohi- Sec. 2619. Pearl River maintenance.
Sec. 2105. Transition of NSF programs. bition. Sec. 2620. Value of International Space Sta-
Sec. 2106. Providing scholarships, fellow- Sec. 2503. Study on emerging science and tion and capabilities in low-
ships, and other student sup- technology challenges faced by Earth orbit.
port. the United States and rec- Sec. 2621. Extension and modification relat-
Sec. 2107. Research and development. ommendations to address them. ing to International Space Sta-
Sec. 2108. Test beds. Sec. 2504. Report on global semiconductor tion.
Sec. 2109. Academic technology transfer. shortage. Sec. 2622. Department of Defense activities
Sec. 2110. Capacity-building program for de- Sec. 2505. Supply chain resiliency program. on International Space Station.
veloping universities. Sec. 2506. Semiconductor incentives. Sec. 2623. Commercial development in low-
Sec. 2111. Technical assistance. Sec. 2507. Research Investment to Spark the Earth orbit.
Sec. 2112. Coordination of activities. Economy Act. Sec. 2624. Maintaining a national laboratory
Sec. 2113. Reporting requirements. Sec. 2508. Office of Manufacturing and Indus- in space.
Sec. 2114. Hands-on learning program. trial Innovation Policy. Sec. 2625. International Space Station na-
Sec. 2115. Intellectual property protection. Sec. 2509. Telecommunications Workforce tional laboratory; property
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Sec. 2116. Authorization of appropriations Training Grant Program. rights in inventions.
for the Foundation. Sec. 2510. Country Of Origin Labeling Online Sec. 2626. Data first produced during non-
Sec. 2117. Authorization of appropriations Act. NASA scientific use of the ISS
for the Department of Energy. Sec. 2511. Country of origin labeling for king national laboratory.
Sec. 2118. Authorization of appropriations crab and tanner crab. Sec. 2627. Payments received for commercial
for the Defense Advanced Re- Sec. 2512. Internet exchanges and submarine space-enabled production on
search Projects Agency. cables. the ISS.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1309
Sec. 2628. Stepping stone approach to explo- Sec. 2676. Cybersecurity. (12) STEM.—The term ‘‘STEM’’ means the
ration. Sec. 2677. Limitation on cooperation with academic and professional disciplines of
Sec. 2629. Technical amendments relating to the People’s Republic of China. science, technology, engineering, and mathe-
Artemis missions. Sec. 2678. Consideration of issues related to matics, including computer science.
PART III—SCIENCE contracting with entities re- SEC. 2003. SENSE OF CONGRESS.
Sec. 2631. Science priorities. ceiving assistance from or af- It is the sense of Congress that—
Sec. 2632. Lunar discovery program. filiated with the People’s Re- (1) the National Science Foundation, the
Sec. 2633. Search for life. public of China. Department of Energy and its National Lab-
Sec. 2634. James Webb Space Telescope. Sec. 2679. Small satellite launch services oratories, and other key Federal agencies
Sec. 2635. Nancy Grace Roman Space Tele- program. have carried out vital work supporting basic
scope. Sec. 2680. 21st century space launch infra- and applied research to create knowledge
Sec. 2636. Study on satellite servicing for structure. that is a key driver of the economy of the
science missions. Sec. 2681. Missions of national need. United States and a critical component of
Sec. 2637. Earth science missions and pro- Sec. 2682. Drinking water well replacement national security;
grams. for Chincoteague, Virginia. (2) openness to diverse perspectives and a
Sec. 2638. Life science and physical science Sec. 2683. Passenger carrier use. focus on freedom from censorship and polit-
research. Sec. 2684. Use of commercial near-space bal- ical bias will continue to make educational
Sec. 2639. Science missions to Mars. loons. and research institutions in the United
Sec. 2640. Planetary Defense Coordination Sec. 2685. President’s Space Advisory Board. States beacons to thousands of students
Office. Sec. 2686. Initiative on technologies for from across the world;
Sec. 2641. Suborbital science flights. noise and emissions reductions. (3) increasing research and technology
Sec. 2642. Earth science data and observa- Sec. 2687. Remediation of sites contami- transfer investments, building regional ca-
tions. nated with trichloroethylene. pacity and reducing geographic disparity,
Sec. 2643. Sense of Congress on small sat- Sec. 2688. Review on preference for domestic strengthening supply chains, and increasing
ellite science. suppliers. capabilities in key technology focus areas
Sec. 2644. Sense of Congress on commercial Sec. 2689. Report on use of commercial will enhance the competitive advantage and
spaceports licensed by the Fed- leadership of the United States in the global
space services.
eral Aviation Administration. economy;
Sec. 2645. Procedures for identifying and ad-
Sec. 2690. Active orbital debris mitigation. (4) the Federal Government must utilize
dressing alleged violations of
Sec. 2691. Study on commercial communica- the full talent and potential of the entire Na-
scientific integrity policy.
tions services. tion by avoiding undue geographic con-
PART IV—AERONAUTICS centration of research and education fund-
SEC. 2002. DEFINITIONS.
Sec. 2646. Short title. ing, encouraging broader participation of
Sec. 2647. Definitions. Unless otherwise specified, in this division:
populations underrepresented in STEM, and
Sec. 2648. Experimental aircraft projects. (1) APPRENTICESHIP.—The term ‘‘appren-
collaborating with non-government partners
Sec. 2649. Unmanned aircraft systems. ticeship’’ means an apprenticeship registered
to ensure the leadership of the United States
Sec. 2650. 21st Century Aeronautics Capabili- under the Act of August 16, 1937 (commonly
in technological innovation; and
ties Initiative. known as the ‘‘National Apprenticeship
(5) authorization and funding for invest-
Sec. 2651. Sense of Congress on on-demand Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
ments in research, education, technology
air transportation. seq.) that meets the standards of subpart A
transfer, intellectual property, manufac-
Sec. 2652. Sense of Congress on hypersonic of part 29 and part 30 of title 29, Code of Fed-
turing, and other core strengths of the
technology research. eral Regulations.
United States innovation ecosystem, includ-
(2) DIRECTOR.—The term ‘‘Director’’ means
PART V—SPACE TECHNOLOGY ing at the National Science Foundation and
the Director of the National Science Founda-
Sec. 2653. Space Technology Mission Direc- the Department of Energy, should be done on
tion.
torate. a bipartisan basis.
(3) DIRECTORATE.—The term ‘‘Directorate’’
Sec. 2654. Flight opportunities program. SEC. 2004. INTERAGENCY WORKING GROUP.
means the Directorate for Technology and
Sec. 2655. Small Spacecraft Technology Pro- (a) ESTABLISHMENT.—The Director of the
Innovation established under section 2102.
gram. Office of Science and Technology Policy, act-
(4) EMERGING RESEARCH INSTITUTION.—The
Sec. 2656. Nuclear propulsion technology. ing through the National Science and Tech-
term ‘‘emerging research institution’’ means
Sec. 2657. Mars-forward technologies. nology Council, shall establish or designate
an institution of higher education with an an interagency working group to coordinate
Sec. 2658. Prioritization of low-enriched ura- established undergraduate or graduate pro-
nium technology. the activities specified in subsection (c).
gram that has, on average for the 3 years (b) COMPOSITION.—The interagency work-
Sec. 2659. Sense of Congress on next-genera- prior to an application for an award under ing group shall be composed of the following
tion communications tech- this division, received less than $50,000,000 in members (or their designees), who may be or-
nology. Federal research funding. ganized into subcommittees, as appropriate:
Sec. 2660. Lunar surface technologies. (5) EPSCOR.—The term ‘‘EPSCoR’’ means (1) The Secretary of Commerce.
PART VI—STEM ENGAGEMENT the Established Program to Stimulate Com- (2) The Director of the National Science
Sec. 2661. Sense of Congress. petitive Research under section 113 of the Foundation.
Sec. 2662. STEM education engagement ac- National Science Foundation Authorization (3) The Secretary of Energy.
tivities. Act of 1988 (42 U.S.C. 1862g). (4) The Secretary of Defense.
Sec. 2663. Skilled technical education out- (6) FOUNDATION.—The term ‘‘Foundation’’ (5) The Director of the National Economic
reach program. means the National Science Foundation. Council.
Sec. 2664. National space grant college and (7) HISTORICALLY BLACK COLLEGE OR UNI- (6) The Director of the Office of Manage-
fellowship program. VERSITY.—The term ‘‘historically Black col- ment and Budget.
PART VII—WORKFORCE AND INDUSTRIAL BASE lege or university’’ has the meaning given (7) The Secretary of Health and Human
the term ‘‘part B institution’’ in section 322 Services.
Sec. 2665. Appointment and compensation of the Higher Education Act of 1965 (20 U.S.C.
pilot program. (8) The Administrator of the National Aer-
1061). onautics and Space Administration.
Sec. 2666. Establishment of multi-institu- (8) INSTITUTION OF HIGHER EDUCATION.—The
tion consortia. (9) The Secretary of Agriculture.
term ‘‘institution of higher education’’ has (10) The Director of National Intelligence.
Sec. 2667. Expedited access to technical tal- the meaning given the term in section 101 of
ent and expertise. (11) The Director of the Federal Bureau of
the Higher Education Act of 1965 (20 U.S.C. Investigation.
Sec. 2668. Report on industrial base for civil 1001).
space missions and operations. (12) Such other Federal officials as the Di-
(9) KEY TECHNOLOGY FOCUS AREAS.—The rector of the Office of Science and Tech-
Sec. 2669. Separations and retirement incen- term ‘‘key technology focus areas’’ means
tives. nology Policy considers appropriate, includ-
the areas included on the most recent list ing members of the National Science and
Sec. 2670. Confidentiality of medical quality under section 2005.
assurance records. Technology Council Committee on Tech-
(10) MINORITY-SERVING INSTITUTION.—The nology.
PART VIII—MISCELLANEOUS PROVISIONS term ‘‘minority-serving institution’’ means (c) COORDINATION.—The interagency work-
Sec. 2671. Contracting authority. an institution described in section 371(a) of ing group shall seek to ensure that the ac-
ctelli on DSK11ZRN23PROD with SENATE
Sec. 2672. Authority for transaction proto- the Higher Education Act of 1965 (20 U.S.C. tivities of different Federal agencies enhance
type projects and follow-on pro- 1067q(a)). and complement, but, as appropriate, do not
duction contracts. (11) NATIONAL LABORATORY.—The term duplicate, efforts being carried out by an-
Sec. 2673. Protection of data and informa- ‘‘National Laboratory’’, without respect to other Federal agency, with a focus on—
tion from public disclosure. capitalization, has the meaning given the (1) the activities of the National Science
Sec. 2674. Physical security modernization. term in section 2 of the Energy Policy Act of Foundation Technology and Innovation Di-
Sec. 2675. Lease of non-excess property. 2005 (42 U.S.C. 15801). rectorate in the key technology focus areas,
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S1310 CONGRESSIONAL RECORD — SENATE March 22, 2022
such as within the innovation centers under (2) REVIEW AND UPDATES.—The Director (i) except as provided in clause (ii),
section 2104 and test beds under section 2108 and the Secretary of Energy, in coordination means—
under this division; with the interagency working group estab- (I) Australia;
(2) the activities of the Department of lished under section 2004 and in consultation (II) Canada;
Commerce under this division, including re- with the Director of National Intelligence (III) New Zealand;
gional technology hubs under section 28 of and the Director of the Federal Bureau of In- (IV) the United Kingdom;
the Stevenson-Wydler Act of 1980 (15 U.S.C. vestigation, shall annually review, and up- (V) the State of Israel;
13701 et seq.), as added by section 2401 of this date as required, the list of key technology (VI) Taiwan; and
division, the Manufacturing USA Program focus areas for purposes of this division. (VII) any other country that has been ap-
established under section 34(b)(1) of the Na- (b) ANNUAL REVIEW.—As part of the annual proved and designated in writing by the
tional Institute of Standards and Technology review and update process required by sec- President for purposes of this division, after
Act (15 U.S.C. 278s(b)(1)), and the Hollings tion 2005(a)(2), the Director of the National providing—
Manufacturing Extension Partnership; Science Foundation and the Secretary of En- (aa) not less than 30 days of advance notifi-
(3) the activities of the Department of En- ergy, in coordination with the interagency cation and explanation to the relevant con-
ergy in the key technology focus areas, in- working group established under section gressional committees before the designa-
cluding at the national laboratories, and at 2004— tion; and
Federal laboratories, as defined in section 4 (1) shall consider input from relevant in- (bb) in-person briefings to such commit-
of the Stevenson-Wydler Technology Innova- dustries; tees, if requested during the 30-day advance
tion Act of 1980 (15 U.S.C. 3703), and facilities (2) may consider the challenges and rec- notification period described in item (aa);
and user facilities operated in partnership ommendations identified in the report re- and
with such national laboratories or the De- quired by section 2503 and in other relevant (ii) excludes any country that takes ac-
partment of Energy; and reports, such as technology and global trend tions to boycott, divest from, or sanction
(4) any other program that the Director of reports from the defense and intelligence Israel.
the Office of Science and Technology Policy communities; (B) ACTIONS TO BOYCOTT, DIVEST FROM, OR
determines involves research and develop- (3) shall consider the potential impact of SANCTION ISRAEL.—For purposes of subpara-
ment with respect to the key technology the key technology focus areas on addressing graph (A)(ii), the term ‘‘actions to boycott,
focus areas. national challenges, including competitive divest from, or sanction Israel’’ has the
(d) REPORT.—The interagency working and security threats to the United States meaning given such term in section
group shall— and to United States industries, including 102(b)(20)(B) of the Bipartisan Congressional
(1) by not later than 180 days after the date agriculture; and Trade Priorities and Accountability Act of
of enactment of this division— (4) subject to the limitation under sub- 2015 (19 U.S.C. 4201(b)(20)(B)).
(A) conduct an initial review of Federal section (c), may add or delete key tech- (2) LABOR ORGANIZATION.—The term ‘‘labor
programs and resources with respect to the nology focus areas in light of shifting na- organization’’ has the meaning given the
key technology focus areas identified pursu- tional needs or competitive threats to the term in section 2(5) of the National Labor
ant to section 2005(a), in order to— United States (including for reasons of the Relations Act (29 U.S.C. 152(5)), except that
(i) assess current level of efforts and char- United States or other countries having ad- such term shall also include—
acterize existing research infrastructure, as vanced or fallen behind in a technological (A) any organization composed of labor or-
of the date of the review; area). ganizations, such as a labor union federation
(ii) identify potential areas of overlap or (c) LIMIT ON KEY TECHNOLOGY FOCUS or a State or municipal labor body; and
duplication with respect to the key tech- AREAS.—Not more than 10 key technology (B) any organization which would be in-
nology focus areas; and focus areas shall be included on the list of cluded in the definition for such term under
(iii) identify potential cross-agency col- key technology focus areas at any time. En- such section 2(5) but for the fact that the or-
laborations and joint funding opportunities; gineering and exploration relevant to the ganization represents—
and other key technology focus areas described (i) individuals employed by the United
(B) submit a report regarding the review in this section shall be considered part of the States, any wholly owned Government cor-
described in subparagraph (A) to Congress; relevant key technology focus area. poration, any Federal Reserve Bank, or any
and (d) REPORTING.—At the conclusion of the State or political subdivision thereof;
(C) seek stakeholder input and rec- annual review and update process required (ii) individuals employed by persons sub-
ommendations in the course of such review; by section 2005(a)(2), the Director and the ject to the Railway Labor Act (45 U.S.C. 151
and Secretary of Energy shall deliver a report to et seq.); or
(2) shall carry out the annual reviews and Congress detailing— (iii) individuals employed as agricultural
updates required under section 2005. (1) the key technology focus areas and ra- laborers.
(e) CONFLICTS.—If any conflicts between tionale for their selection; (3) NATIONAL LABORATORY.—The term ‘‘Na-
Federal agencies arise while carrying out the (2) the role of the Foundation, the Depart- tional Laboratory’’ has the meaning given
activities under this section, the President ment of Energy, and other Federal entities, the term in section 2 of the Energy Policy
shall make the final decision regarding reso- as relevant, in advancing the key technology Act of 2005 (42 U.S.C. 15801).
lution of the conflict. focus areas; and (4) TRIBAL COLLEGE OR UNIVERSITY.—The
SEC. 2005. KEY TECHNOLOGY FOCUS AREAS. (3) the impact, including to the academic term ‘‘Tribal College or University’’ has the
(a) IN GENERAL.— research community, of any changes to the meaning given the term in section 316(b)(3)
(1) INITIAL LIST.—The initial key tech- key technology focus areas. of the Higher Education Act of 1965 (20 U.S.C.
nology focus areas are: (e) DETAILED DESCRIPTION.—The National 1059c(b)(3)).
(A) Artificial intelligence, machine learn- Science Foundation and the Department of SEC. 2102. DIRECTORATE ESTABLISHMENT AND
ing, autonomy, and related advances. Energy shall, in coordination with the Office PURPOSE.
(B) High performance computing, semi- of Management and Budget, submit as part (a) ESTABLISHMENT OF DIRECTORATE FOR
conductors, and advanced computer hard- of their annual budget requests to Congress, TECHNOLOGY AND INNOVATION.—Subject to
ware and software. a detailed description of the activities to be the availability of appropriations and not
(C) Quantum information science and tech- funded under this division, including an ex- later than 180 days after the date of enact-
nology. planation of how the requested funding is ment of this division, the Director shall es-
(D) Robotics, automation, and advanced complementary and not redundant of pro- tablish a Directorate for Technology and In-
manufacturing. grams, efforts, and infrastructure under- novation in the Foundation.
(E) Natural and anthropogenic disaster taken or supported by other relevant Federal (b) PURPOSES.—The Directorate shall fur-
prevention or mitigation. agencies. ther the following purposes:
(F) Advanced communications technology (f) NATIONAL ACADEMIES.—Not later than 5 (1) Strengthening the leadership of the
and immersive technology. years after the date of enactment of this di- United States in critical technologies, in-
(G) Biotechnology, medical technology, vision, the Director shall contract with the cluding as relevant to the critical national
genomics, and synthetic biology. National Academies of Sciences, Engineer- needs described in section 7018 of the Amer-
(H) Data storage, data management, dis- ing, and Medicine to conduct a review of the ica COMPETES Act (42 U.S.C. 1862o–5).
tributed ledger technologies, and cybersecu- key technology focus areas, including wheth- (2) Addressing and mitigating technology
rity, including biometrics. er Federal investment in the key technology challenges integral to the geostrategic posi-
(I) Advanced energy and industrial effi- focus areas have resulted in new domestic tion of the United States through the activi-
ciency technologies, such as batteries and manufacturing capacity and job creation. ties authorized by this title.
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advanced nuclear technologies, including but TITLE I—NSF TECHNOLOGY AND (3) Enhancing the competitiveness of the
not limited to for the purposes of electric INNOVATION United States by improving education in the
generation (consistent with section 15 of the SEC. 2101. DEFINITIONS. key technology focus areas and attracting
National Science Foundation Act of 1950 (42 In this title: more students to such areas at all levels of
U.S.C. 1874). (1) DESIGNATED COUNTRY.— education.
(J) Advanced materials science, including (A) IN GENERAL.—The term ‘‘designated (4) Accelerating the translation and devel-
composites and 2D materials. country’’— opment of scientific advances in the key
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1311
technology focus areas into processes and ant Directors of the Foundation are ap- the Director shall prepare and submit a re-
products in the United States. pointed. port to Congress regarding the use of alter-
(5) Utilizing the full potential of the (2) QUALIFICATIONS.—Each Assistant Direc- native methods for the selection of award re-
United States workforce by avoiding undue tor for the Directorate shall be an indi- cipients and the distribution of funding to
geographic concentration of research and de- vidual, who by reason of professional back- recipients, as compared to the traditional
velopment and education funding across the ground and experience, is specially qualified peer review process.
United States, and encouraging broader par- to advise the Foundation on all matters per- (d) RULE OF CONSTRUCTION.—Nothing in
ticipation in the key technology focus areas taining to research, development, and com- this section shall be construed to modify the
by populations underrepresented in STEM. mercialization at the Foundation, including authority of the Director or the National
(6) Ensuring the programmatic work of the partnerships with the private sector and Science Board with respect to the selection
Directorate and Foundation incorporates a other users of Foundation funded research. of recipients for funding from the Founda-
workforce perspective from labor organiza- (e) CONSIDERATIONS.—After completion of tion.
tions and workforce training organizations. the studies regarding emerging technologies SEC. 2104. INNOVATION CENTERS.
(c) ACTIVITIES.—The Directorate— conducted by the Secretary of Commerce
(a) UNIVERSITY TECHNOLOGY CENTER PRO-
(1) shall support basic and applied re- under title XV of division FF of the Consoli-
GRAM.—
dated Appropriations Act, 2021 (Public Law
search, and technology development of such (1) IN GENERAL.—From amounts made
116–260), the Director shall consider the re-
research, including through awards to indi- available to the Directorate, the Director
sults of such studies in carrying out the ac-
vidual researchers, entities, or consortia and shall establish a program in the Directorate
tivities of the Directorate.
through diverse funding mechanisms and to make awards, through a competitive se-
SEC. 2103. PERSONNEL MANAGEMENT.
models; lection process, to eligible entities to estab-
(a) PERSONNEL.—The Director shall estab-
(2) shall identify and develop opportunities lish university technology centers.
lish and maintain within the Directorate a
to coordinate and collaborate on research, (2) PURPOSE.—The purpose of the univer-
staff with sufficient qualifications and exper-
development, and commercialization— sity technology centers shall be to—
tise to enable the Directorate to carry out
(A) with other directorates and offices of its responsibilities under this title. (A) conduct multi-disciplinary, collabo-
the Foundation; (b) PROGRAM DIRECTORS.— rative basic and applied research, relevant to
(B) with stakeholders in academia, the pri- (1) DESIGNATION.—The Director may des- at least one of the key technology focus
vate sector, and nonprofit entities; and ignate employees to serve as program direc- areas;
(C) with other Federal research agencies, tors for the programs established within the (B) leverage the expertise of multi-discipli-
as well as State and local governments; Directorate pursuant to the responsibilities nary and multi-sector partners, including
(3) shall provide awards for research and established under paragraph (2). The Direc- partners from private industry;
development projects designed to achieve tor shall ensure that program directors— (C) further the development, deployment,
specific technology metrics or objectives; (A) have expertise in the key technology and commercialization of innovations, in-
(4) may support research and technology focus areas; and cluding inventions, in the key technology
development infrastructure, including (B) come from a variety of backgrounds, focus areas, including those derived from the
testbeds, to advance the development, oper- including industry, and from a variety of in- activities of the university technology cen-
ation, integration, and deployment of inno- stitutions of higher education. ter; and
vation; (2) RESPONSIBILITIES.—A program director (D) support the development of scientific,
(5) shall identify and develop opportunities of a program of the Directorate shall be re- innovation, entrepreneurial, and educational
to reduce barriers for technology transfer, sponsible for— capacity within the region of the university
including intellectual property frameworks (A) establishing research and development technology center.
between academia and industry, nonprofit goals for the program, including through the (3) USE OF FUNDS.—University technology
entities, and the venture capital commu- convening of workshops and conferring with centers established under this subsection
nities; outside experts and by publicizing the goals may use support provided—
(6) shall build capacity for research at in- of the program to the public and private sec- (A) to carry out research to advance inno-
stitutions of higher education across the tors; vation in the key technology focus areas;
United States; (B) soliciting proposals from entities to (B) for technology development activities
(7) shall partner with other directorates conduct research in areas of particular prom- such as proof-of-concept development, proto-
and offices of the Foundation for projects or ise within key technology focus areas, espe- typing, design modification, experimental
research, including— cially areas that the private sector or the development, and other actions to reduce the
(A) to pursue basic questions about nat- Federal Government are not likely to under- cost, time, and risk of commercializing new
ural, human, and physical phenomena that take alone; technologies;
could enable advances in the key technology (C) identifying areas for research and de- (C) for the costs of equipment and
focus areas; velopment; cyberinfrastructure;
(B) to study questions that could affect the (D) building research collaborations for (D) for the costs associated with tech-
design (including human interfaces), safety, carrying out the program; nology transfer and commercialization, in-
security, operation, deployment, or the so- (E) reviewing applications for projects to cluding patenting and licensing; or
cial and ethical consequences of technologies be supported under the program, and consid- (E) for operations and staff.
in the key technology focus areas, including ering— (4) SELECTION PROCESS.—In selecting recipi-
the development of technologies that com- (i) the novelty and scientific and technical ents under this subsection, the Director shall
plement or enhance the abilities of workers merit of the proposed projects; consider, in addition to the scientific and
and impact of specific innovations on domes- (ii) broader impacts criteria under section technical merit of the proposal—
tic jobs and equitable opportunity; and 526 of the National Science Foundation Au- (A) maximizing regional and geographic di-
(C) to further the creation of a domestic thorization Act of 2010 (42 U.S.C. 1862p–14); versity of the university technology centers,
workforce capable of advancing, using, and (iii) the demonstrated capabilities of the including by considering rural-serving insti-
adapting to key technology focus areas and applicants to successfully carry out the pro- tutions of higher education (as defined in
understanding and improving the impact of posed project; section 861(b) of the Higher Education Act of
key technology focus areas on STEM teach- (iv) the consideration by the applicant of 1965 (20 U.S.C. 1161a(b));
ing and learning by advancing the key tech- future commercial applications of the (B) the extent to which the applicant’s pro-
nology focus areas, including engaging rel- project, including the feasibility of posal would broaden participation by popu-
evant partners in research and innovation partnering with 1 or more commercial enti- lations underrepresented in STEM;
programs; ties; and (C) the capacity of the applicant to engage
(8) may make awards under the SBIR and (v) such other criteria as are established by industry, labor, and other appropriate orga-
STTR programs (as defined in section 9(e) of the Director; and nizations and, where applicable, contribute
the Small Business Act (15 U.S.C. 638(e)); and (F) monitoring the progress of projects to growth in domestic manufacturing capac-
(9) may enter into and perform such con- supported under the program and recom- ity and job creation;
tracts, make such financial assistance mending program restructure or termi- (D) in the case of a consortium, the extent
awards, carry out such other transactions, or nation, as needed. to which the proposal includes institutions
make such other arrangements, or modifica- (3) TERMS.—Program directors of the Di- listed in paragraph (7)(C)(ii);
tions thereof, as may be necessary in the rectorate may be appointed by the Director (E) the amount of funds from industry or-
conduct of the work of the Directorate and for a limited term, renewable at the discre- ganizations described in paragraph (5)(A)(ii)
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on such terms as the Director considers ap- tion of the Director. the applicant would use towards establishing
propriate, in furtherance of the purposes of (c) SELECTION CRITERIA AND REPORT.— the university technology center;
this title. (1) PEER REVIEW.—The Directorate may use (F) the plan and capability of the applicant
(d) ASSISTANT DIRECTOR.— a peer review process to inform the selection to take measures to prevent the inappro-
(1) APPOINTMENT.—The Director shall ap- of award recipients. priate use of the research and technology of
point an Assistant Director for the Direc- (2) REPORT.—Not later than 18 months the center, including research results, data,
torate, in the same manner as other Assist- after the establishment of the Directorate, and intellectual property, as appropriate and
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S1312 CONGRESSIONAL RECORD — SENATE March 22, 2022
consistent with the requirements of the rel- Act of 1980 (15 U.S.C. 13701 et seq.), as added volved in operating university technology
evant award; and by section 2401 of this division; centers established under section 2104(a).
(G) the plan and capability of the applicant (IV) National Laboratories; (c) BROADENING PARTICIPATION.—In car-
to support proof-of-concept development and (V) Federal laboratories, as defined in sec- rying out this section, the Director shall
prototyping as well as technology transfer tion 4 of the Stevenson-Wydler Technology take steps to increase the participation of
and commercialization activities. Innovation Act of 1980 (15 U.S.C. 3703); populations that are underrepresented in
(5) REQUIREMENTS.— (VI) Federal research facilities; STEM, which may include—
(A) IN GENERAL.—The Director shall ensure (VII) labor organizations; (1) establishing or augmenting programs
that any eligible entity receiving an award (VIII) entities described in subparagraph targeted at populations that are underrep-
under this subsection has— (A) or (B) from allied or partner countries; resented in STEM;
(i) the capacity or the ability to acquire (IX) other entities if determined by the Di- (2) supporting traineeships or other rel-
the capacity to advance the purposes de- rector to be vital to the success of the pro- evant programs at minority-serving institu-
scribed in section 2102(b); and gram; tions (or institutions of higher education
(ii) secured contributions for establishing (X) binational research and development with an established STEM capacity building
the university technology center under this foundations and funds, excluding foreign en- program focused on traditionally underrep-
subsection from industry or other non-Fed- tities of concern, as defined in section 2307; resented populations in STEM, including Na-
eral organizations in an amount not less and tive Hawaiians, Alaska Natives, and Indi-
than 10 percent of the total amount of the (XI) Engineer Research and Development ans);
award the eligible entity would receive Center laboratories of the Army Corps of En- (3) addressing current and expected gaps in
under this subsection. gineers. the availability or skills of the STEM work-
(b) INNOVATION INSTITUTE.— force, or addressing needs of the STEM work-
(B) CONSORTIUM ELIGIBILITY.—To be eligible
(1) IN GENERAL.—The Director shall estab- force, including by increasing educational
to receive an award for the establishment
lish innovation institutes to further the re- capacity at institutions and by prioritizing
and operation of a university technology
search, development, and commercialization awards to United States citizens, permanent
center, a consortium shall be composed of
of innovation in the key technology focus residents, and individuals that will grow the
not fewer than 2 entities as described in
areas. domestic workforce; and
paragraph (7)(C) and operate subject to a
(2) PARTNERSHIPS.— (4) addressing geographic diversity in the
binding agreement, entered into by each
(A) IN GENERAL.—Each innovation institute STEM workforce.
member of the consortium, that documents—
shall be comprised of a partnership including (d) INNOVATION.—In carrying out this sec-
(i) the proposed partnership agreement, in- tion, the Director shall encourage innova-
cluding the governance and management 2 or more of the following entities:
(i) An institution of higher education. tion in graduate education, including
structure of the university technology cen- through encouraging institutions of higher
ter; (ii) A for-profit company.
(iii) A nonprofit organization. education to offer graduate students oppor-
(ii) measures the consortium will under- tunities to gain experience in industry or
take to enable cost-effective implementation (iv) A Federal agency.
Government as part of their graduate train-
of activities under paragraph (3); (v) Another entity, if that entity is deter-
ing, and through support for students in pro-
(iii) a proposed budget, including financial mined by the Director to be vital to the suc-
fessional masters programs related to the
contributions from non-Federal sources; and cess of the program.
key technology focus areas.
(iv) the plan for ownership and use of any (B) CO-EQUAL.—Each entity comprising the (e) AREAS OF FUNDING SUPPORT.—Subject
intellectual property developed by the cen- institute shall, to the extent practicable, to the availability of funds to carry out this
ter. work as co-equal partners in terms of fund- section, the Director shall—
(6) SUPPORT OF REGIONAL TECHNOLOGY ing and research efforts in support of the in- (1) issue—
HUBS.—Each university technology center es- stitute. (A) postdoctoral awards,
tablished under this subsection may support (C) INSTITUTIONAL OR ORGANIZATIONAL (B) graduate fellowships and traineeships,
and participate in, as appropriate, the activi- LEVEL.—The Director shall work to ensure
inclusive of the NSF Research Traineeships
ties of any regional technology hub des- that such partnerships exist at the institu- and fellowships awarded under the Graduate
ignated under section 28 of the Stevenson- tional or organization level, rather than Research Fellowship Program; and
Wydler Technology Innovation Act of 1980 (15 solely at the principal investigator level. (C) scholarships, including undergraduate
U.S.C. 3701 et seq.), as added by section 2401 (3) COST SHARE.—To the extent practicable, scholarships, research experiences, and in-
of this division. not less than half of the funding for an insti- ternships, including—
(7) ELIGIBLE ENTITY.—In this subsection, tute shall be provided by non-Federal enti- (i) scholarships to attend community col-
the term ‘‘eligible entity’’ means— ties. leges; and
(A) an individual institution of higher edu- (c) NUMBER OF CENTERS AND INSTITUTES ES- (ii) research experiences and internships
cation; TABLISHED.—The Director shall endeavor to
under sections 513, 514, and 515 of the Amer-
(B) a nonprofit entity; or establish a balance in the number of univer- ica COMPETES Reauthorization Act of 2010
(C) a consortium that— sity technology centers and innovation insti- (42 U.S.C. 1862p–5; 1862p–6; 1862p–7);
(i) shall include and be led by an institu- tutes. (2) ensure that not less than 10 percent of
tion of higher education or by a nonprofit SEC. 2105. TRANSITION OF NSF PROGRAMS. the funds made available to carry out this
entity, designed to support technology devel- The Director may transition the manage- section are used to support additional
opment; ment of existing programs of the National awards that focus on community college
(ii) shall include 1 or more institution that Science Foundation that conduct activities training, education, and teaching programs
is— in addition to basic research to the Direc- that increase the participation of popu-
(I) a historically Black college or univer- torate, including— lations that are underrepresented in STEM,
sity; (1) Convergence Accelerator; including technical programs through pro-
(II) a Tribal College or University; (2) Industry-University Cooperative Re- grams such as the Advanced Technological
(III) a minority-serving institution (or an search Centers; Education program;
institution of higher education with an es- (3) National AI Research Institutes; (3) ensure that not less than 20 percent of
tablished STEM capacity building program (4) Innovation Corps (I-Corps), as described the funds made available to carry out this
focused on traditionally underrepresented in section 601 of the American Innovation section are used to support institutions of
populations in STEM, including Native Ha- and Competitiveness Act (42 U.S.C. 1862s–8); higher education, and other institutions, lo-
waiians, Alaska Natives, and Indians); and cated in jurisdictions that participate in the
(IV) an institution that participates in the (5) any other programs that the Director program under section 113 of the National
Established Program to Stimulate Competi- considers appropriate. Science Foundation Authorization Act of
tive Research under section 113 of the Na- SEC. 2106. PROVIDING SCHOLARSHIPS, FELLOW- 1988 (42 U.S.C. 1862g); and
tional Science Foundation Authorization SHIPS, AND OTHER STUDENT SUP- (4) if funds remain after carrying out para-
Act of 1988 (42 U.S.C. 1862g); PORT. graphs (1), (2), and (3), make awards to insti-
(V) an emerging research institution; or (a) IN GENERAL.—The Director, acting tutions of higher education to enable the in-
(VI) a community college; and through the Directorate, shall fund under- stitutions to fund the development and es-
(iii) may include 1 or more— graduate scholarships (including at commu- tablishment of new or specialized programs
(I) additional entities described in subpara- nity colleges), graduate fellowships and of study for graduate, undergraduate, or
graph (A) or (B); traineeships, and postdoctoral awards in the technical college students and the evalua-
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(II) industry entities, including startups, key technology focus areas. tion of the effectiveness of those programs of
small businesses, and public-private partner- (b) IMPLEMENTATION.—The Director may study.
ships; carry out subsection (a) by making awards— (f) EXISTING PROGRAMS.—The Director may
(III) economic development organizations (1) directly to students; and use or augment existing STEM education
or venture development organizations, as (2) to institutions of higher education or programs of the Foundation and leverage
such terms are defined in section 28(a) of the consortia of institutions of higher education, education or entrepreneurial partners to
Stevenson-Wydler Technology Innovation including those institutions or consortia in- carry out this section.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1313
SEC. 2107. RESEARCH AND DEVELOPMENT. rector may reasonably require. The proposal (B) one or more additional individuals or
(a) IN GENERAL.—From amounts made shall, at a minimum, describe— entities, which shall be—
available for the Directorate, the Director (1)(A) the technology or technologies that (i) an economic development organization
shall make awards, on a competitive basis, will be the focus of the test bed; and or similar entity that is focused primarily on
for research and technology development (B) the goals of the work to be done at the improving science, technology, innovation,
within the key technology focus areas. test bed; or entrepreneurship;
(b) PURPOSE.—The purpose of the awards (2) how the applicant will assemble a work- (ii) an industry organization or firm in a
under this section shall be to demonstrate force with the skills needed to operate the relevant technology or innovation sector;
revolutionary technological advances in the test bed; (iii) an industry-experienced executive
key technology focus areas, including ad- (3) how the applicant will ensure broad ac- with entrepreneurship experience that is fo-
vances that expedite short-term technology cess to the test bed; cused primarily on de-risking technologies
deployment. (4) how the applicant will collaborate with from both a scientific and a business perspec-
(c) RECIPIENTS.—Recipients of funds under firms in the key technology focus areas, in- tive; or
this section may include institutions of cluding through coordinated research and de- (iv) an individual or entity with industry-
higher education, research institutions, non- velopment and funding, to ensure that work and startup- experienced business expertise,
profit entities, private sector entities, con- in the test bed will contribute to the com- including a mentor network, across relevant
sortia, or other entities as defined by the Di- mercial viability of any technologies and technology or innovation sectors.
rector. will include collaboration from industry and (c) PROPOSALS.—An eligible entity desiring
(d) METRICS.—The Director may set labor organizations; an award under this section shall submit a
metrics, including goals and deadlines, for (5) how the applicant will encourage the proposal to the Director at such time, in
development of such technology as deter- participation of inventors and entrepreneurs such manner, and containing such informa-
mined in the terms of the award, and may and the development of new businesses; tion as the Director may require. The pro-
use such metrics to determine whether an (6) how the applicant will increase partici- posal shall include, at a minimum, a descrip-
award recipient shall be eligible for contin- pation by populations that are underrep- tion of—
ued or follow-on funding. The Director shall resented in STEM; (1) the steps the applicant will take to en-
ensure that the length of the grants for ap- (7) how the applicant will demonstrate able technology transfer and to reduce the
plicants seeking to demonstrate revolu- that the commercial viability of any new risks for commercialization for new tech-
tionary technological advances to expedite technologies will support the creation of nologies and why such steps are likely to be
short-term technology deployment last no high-quality domestic jobs; effective;
longer than 24 months. (8) how the test bed will operate after Fed- (2) how the applicant will encourage the
(e) SELECTION CRITERIA.—In selecting re- eral funding has ended; training and participation of students and
cipients for an award under this section, the (9) how the test bed will disseminate les- potential entrepreneurs and the transition of
Director shall consider, at a minimum— sons and other technical information to research results to practice, including the
(1) the relevance of the project to the key United States entities or allied or partner development of new businesses;
technology focus areas; country entities in the United States; and (3) as relevant, potential steps to drive eco-
(2) the current status of the technology, (10) how the applicant plans to take meas- nomic growth in a particular region, by col-
the limits of current practice, and the likeli- ures to prevent the inappropriate use of re- laborating with industry, venture capital en-
hood of the private sector to independently search results, data, and intellectual prop- tities, nonprofit entities, and State and local
demonstrate a similar technological ad- erty, as applicable and consistent with the governments within that region; and
vance; requirements of the award. (4) background information that the Direc-
(3) the potential of the project to generate (c) AUTHORIZED USE OF FUNDS.—A recipient tor determines is relevant to demonstrate
a revolutionary technological advance, in- of an award under this section may, in order the success of the innovation and entrepre-
cluding advances that can expedite short- to achieve the purposes described in sub- neurship support models proposed by the ap-
term technology deployment; section (a), use the award for the purchase of plicant to commercialize technologies.
(4) the potential impact of the project on equipment and for the support of students, (d) ACADEMIC TECHNOLOGY TRANSFER EN-
the economic security, national security, or faculty and staff, and postdoctoral research- HANCEMENT PROGRAM.—
technological competitiveness of the United ers. (1) IN GENERAL.—The Director, in coordina-
States; (d) PRIORITY.—In selecting award recipi-
tion with the Director of the National Insti-
(5) the likelihood of the project’s success; ents under this section, the Director shall
give priority to applicants with proposals tute of Standards and Technology, shall
(6) the cost and time associated with the make awards, on a competitive basis, to sup-
project; that maximize the geographic diversity of
test beds. port eligible entities in building sustainable
(7) the appropriateness of quantitative technology transfer capacity.
(e) INTERAGENCY ANNUAL MEETINGS.—The
goals and metrics for evaluating the project (2) USE OF FUNDS.—An eligible entity that
Director, the Secretary of Commerce, the
and a plan for evaluating those metrics; and receives an award under this subsection shall
Secretary of Energy, and the heads of other
(8) the path for developing and, as appro- use award funds to carry out one or more of
Federal departments and agencies, or their
priate commercializing, the technology. the following:
designees, with test bed related equities
SEC. 2108. TEST BEDS. (A) Identifying academic research with the
shall hold an annual meeting to coordinate
(a) PROGRAM AUTHORIZED.— their respective test bed related invest- potential for technology transfer and com-
(1) IN GENERAL.—From amounts made ments, future plans, and other appropriate mercialization, particularly as relevant to
available for the Directorate, the Director, matters, to avoid conflicts and duplication of the key technology focus areas.
in coordination with the Director of the Na- efforts. Upon request by Congress, Congress (B) Providing training and support to sci-
tional Institute of Standards and Tech- shall be briefed on the results of the meet- entists, engineers, and inventors on tech-
nology, the Secretary of Energy, and other ings. nology transfer, commercialization, and re-
Federal agencies, as determined appropriate SEC. 2109. ACADEMIC TECHNOLOGY TRANSFER. search protection.
by the Director, shall establish a program in (a) IN GENERAL.—From amounts made (C) Offsetting the costs of patenting and li-
the Directorate to make awards, on a com- available to the Directorate, the Director, in censing research products, both domestically
petitive basis, to institutions of higher edu- coordination with the Director of the Na- and internationally.
cation, nonprofit organizations, or consortia tional Institute of Standards and Technology (D) Revising institution policies, including
(as defined in section 2104(a)(7)(C)) to estab- and other Federal agencies as determined ap- policies related to intellectual property and
lish and operate test beds, which may in- propriate by the Director, shall make faculty entrepreneurship, and taking other
clude fabrication facilities and awards, on a competitive basis, to eligible necessary steps to implement relevant best
cyberinfrastructure, to advance the develop- entities to advance the development and practices for academic technology transfer.
ment, operation, integration, deployment, commercialization of technologies, particu- (E) Ensuring the availability of staff, in-
and, as appropriate, demonstration of new, larly those in the key technology focus cluding technology transfer professionals,
innovative technologies in the key tech- areas. entrepreneurs in residence, and other men-
nology focus areas, which may include hard- (b) ELIGIBLE ENTITIES.—To be eligible to tors as required to accomplish the purpose of
ware or software. receive an award under this section, an enti- this subsection.
(2) COORDINATION.—In establishing new test ty shall be— (F) Identifying and facilitating relation-
beds under this section, the Director shall (1) an institution of higher education, ships among local and national business
ensure coordination with other test beds sup- which may be a community college; leaders, including investors, and potential
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ported by the Foundation or other Federal (2) a nonprofit entity that is either affili- entrepreneurs to encourage successful com-
agencies to avoid duplication and maximize ated with an institution of higher education mercialization.
the use of Federal resources. or designed to support technology develop- (G) Creating and funding competitions to
(b) PROPOSALS.—An applicant for an award ment or entrepreneurship; or allow entrepreneurial ideas to illustrate
under this section shall submit a proposal to (3) a consortium that includes— their commercialization potential, including
the Director, at such time, in such manner, (A) an entity described in paragraph (1) or through venture funds of institutions of
and containing such information as the Di- (2) as the lead award recipient; and higher education.
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S1314 CONGRESSIONAL RECORD — SENATE March 22, 2022
(H) Creating or supporting entities that (ii) a minority-serving institution; or SEC. 2112. COORDINATION OF ACTIVITIES.
could enable researchers to further develop (iii) an institution of higher education (a) IN GENERAL.—In carrying out the ac-
new technology, through capital investment, with an established STEM capacity building tivities of the Directorate, the Director shall
advice, staff support, or other means. program focused on traditionally underrep- coordinate and work cooperatively with the
(I) Building technology transfer capacity resented populations in STEM, including Na- Secretary of Energy, the Director of the Na-
at institutions of higher education. tive Hawaiians, Alaska Natives, and Indians; tional Institute of Standards and Tech-
(3) LIMITATIONS ON FUNDING.—In awarding and nology, and the heads of other Federal re-
funding under this subsection, the Director (B) shall have not more than $50,000,000 in search agencies, as appropriate, to further
shall— annual federally-financed research and de- the goals of this title in the key technology
(A) award not more than $1,000,000 per fis- velopment expenditures for science and engi- focus areas.
cal year to an eligible entity; neering as reported through the National (b) AVOID DUPLICATION.—The Director shall
(B) in determining the duration of funding, Science Foundation Higher Education Re- ensure, to the greatest extent practicable,
endeavor to ensure the creation of sustain- search and Development Survey. that activities carried out by the Directorate
able technology transfer practices at the eli- (2) PARTNERSHIPS.—An eligible institution are not duplicative of activities supported by
gible entity; and receiving a grant under this section may other parts of the Foundation or other rel-
(C) ensure that grants under this sub- carry out the activities of the grant through evant Federal agencies. In carrying out the
section shall not support the development or a partnership with other entities, including activities prescribed by this division, the Di-
operation of capital investment funds. other eligible institutions. rector shall coordinate with the Interagency
(e) COLLABORATIVE INNOVATION RESOURCE (c) PROPOSALS.—To receive an award under Working Group and heads of other Federal
CENTER PROGRAM.— this section, an eligible institution shall sub- research agencies to ensure these activities
(1) IN GENERAL.—The Director shall make mit an application to the Director at such enhance and complement, but do not con-
awards under this subsection to eligible enti- time, in such manner, and containing such stitute unnecessary duplication of effort and
ties to establish collaborative innovation re- information as the Director may require, in- to ensure the responsible stewardship of
source centers that promote regional tech- cluding a plan that describes how the eligible funds.
nology transfer and technology development institution will establish or expand research (c) COMPTROLLER GENERAL REPORT.—Not
activities available to more than one institu- office capacity and how such award would be later than 3 years after the date of enact-
tion of higher education and to other enti- used to— ment of this division, the Comptroller Gen-
ties in a region. (1) conduct an assessment of capacity- eral of the United States shall prepare and
(2) COLLABORATION PRIORITY.—In making building and research infrastructure needs of submit a report to Congress, and shall simul-
awards under this subsection, the Director an eligible institution; taneously submit the report to the Director,
shall give priority to eligible entities that (2) enhance institutional resources to pro- the Director of the Office of Science and
are consortia described in subsection (b)(3) vide administrative research development Technology Policy, and the Secretary of En-
and that have a cost share, which may in- support to faculty at an eligible institution; ergy describing the interagency cooperation
clude an in-kind cost share, from members of (3) bolster the institutional research com- that occurred during the preceding years
a consortium, at levels as required by the Di- petitiveness of an eligible institution to sup- pursuant to this section, including a list of—
rector. port grants awarded by the Directorate; (1) any funds provided from the Directorate
(3) USE OF FUNDS.—An eligible entity that (4) support the acquisition of instrumenta- to other directorates and offices of the Foun-
receives an award under this subsection shall tion necessary to build research capacity at dation; and
use award funds to carry out one or more of an eligible institution in research areas di- (2) any instances in which unnecessary du-
the following activities, to the benefit of the rectly associated with the Directorate; plication of effort may have occurred.
region in which the center is located: (5) increase capability of an eligible insti- SEC. 2113. REPORTING REQUIREMENTS.
(A) Providing start-ups and small business tution to move technology into the market- (a) REPORTS.—Not later than 1 year after
concerns (as defined in section 3 of the Small place; the date of enactment of this division and
Business Act (15 U.S.C. 632)) within the re- (6) increase engagement with industry to annually thereafter, the Director, in coordi-
gion with access to facilities, scientific in- execute research through the SBIR and nation with the heads of relevant Federal
frastructure, personnel, and other assets as STTR programs (as defined in section 9(e) of agencies, shall prepare and submit to Con-
required for technology maturation. the Small Business Act (15 U.S.C. 638(e)) and gress—
(B) Supporting entrepreneurial training for direct contracts at an eligible institution; (1) a strategic vision and spending plan for
start-up and small business personnel. (7) provide student engagement and re- the next 5 years for the Directorate, includ-
(C) Providing engineering and entrepre- search training opportunities at the under- ing a description of how the Foundation will
neurial experiences and hands-on training graduate, graduate, and postdoctoral levels increase funding for research and education
for students enrolled in participating insti- at an eligible institution; for populations underrepresented in STEM
tutions of higher education. (8) further faculty development initiatives and geographic areas;
(f) REPORTING ON COMMERCIALIZATION (2) in coordination with the Secretary of
and strengthen institutional research train-
BASED ON METRICS.—The Director shall es- State, a description of any funds the Founda-
ing infrastructure, capacity, and competi-
tablish— tion may plan to receive from—
tiveness of an eligible institution; or
(1) metrics related to commercialization (A) entities other than institutions of
(9) address plans and prospects for long-
for an award under this section; and higher education; and
term sustainability of institutional enhance-
(2) a reporting schedule for recipients of (B) certain designated countries; and
ments at an eligible institution resulting
such awards that takes into account both (3) a description of the planned activities
short- and long-term goals of the programs from the award including, if applicable, how
the award may be leveraged by an eligible of the Directorate to secure federally funded
under this section. science and technology pursuant to section
(g) GEOGRAPHIC DIVERSITY.—The Director institution to build a broader base of sup-
port. 1746 of the National Defense Authorization
shall ensure regional and geographic diver-
sity in issuing awards under this section. (d) AWARDS.—Awards made under this sec- Act for Fiscal Year 2020 (Public Law 116–92;
(h) SUPPLEMENT NOT SUPPLANT.—The Di- tion shall be for periods of 3 years, and may 42 U.S.C. 6601 note) and section 223 of Wil-
rector shall ensure that funds made available be extended for periods of not more than 5 liam M. (Mac) Thornberry National Defense
under this section shall be used to create ad- years. Authorization Act for Fiscal Year 2021 (Pub-
ditional support for technology transfer ac- (e) FUNDING.—From the amounts made lic Law 116–283) and the requirements under
tivities at eligible entities. For the duration available to carry out section 2104 under sec- title III.
of the awards, recipients shall be required to tion 2116 for each of fiscal years 2022 through (b) ANNUAL BRIEFING.—Each year, the Di-
maintain funding for such activities at simi- 2026, the Director shall use $150,000,000 for rector and the Secretary of Energy shall for-
lar levels as the funding for those activities each such fiscal year to carry out this sec- mally request a joint briefing from the Sec-
for the 2 fiscal years preceding the award. tion. retary of Defense, the Secretary of Com-
SEC. 2111. TECHNICAL ASSISTANCE. merce, the Director of the Federal Bureau of
SEC. 2110. CAPACITY-BUILDING PROGRAM FOR
DEVELOPING UNIVERSITIES. The Director may— Investigation, the Director of National Intel-
(a) IN GENERAL.—The Director shall estab- (1) coordinate with other Federal agencies ligence, and as appropriate the heads of
lish a program in the Directorate to make to establish interagency and multidisci- other Federal agencies regarding their ef-
awards, on a competitive basis, to eligible plinary teams to provide technical assist- forts to preserve the United States’ advan-
institutions described in subsection (b) to ance to recipients of, and prospective appli- tages generated by the activity of the Direc-
support the mission of the Directorate and cants for, awards under this title; torate.
to build institutional research capacity at (2) by Federal interagency agreement and (c) PROVIDING AUTHORITY TO DISSEMINATE
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eligible institutions. notwithstanding any other provision of law, INFORMATION.—Section 11 of the National
(b) ELIGIBLE INSTITUTION.— transfer funds available to carry out this Science Foundation Act of 1950 (42 U.S.C.
(1) IN GENERAL.—To be eligible to receive title to the head of another Federal agency 1870) is amended—
an award under this section, an institution— to facilitate and support the provision of (1) in subsection (j), by striking ‘‘and’’
(A) shall be— such technical assistance; and after the semicolon;
(i) a historically Black college or univer- (3) enter into contracts with third parties (2) in subsection (k), by striking the period
sity; to provide such technical assistance. at the end and inserting ‘‘; and’’; and
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1315
(3) by adding at the end the following: Elementary and Secondary Education Act of (v) $480,000,000 shall be for research and de-
‘‘(l) to provide for the widest practicable 1965 (20 U.S.C. 6311(d)); or velopment activities under section 2107; and
and appropriate dissemination of informa- (B) serve high percentages of students who (vi) an amount equal to 10 percent of the
tion within the United States concerning the are eligible for a free or reduced price lunch total made available to the Directorate
Foundation’s activities and the results of under the Richard B. Russell National under this subparagraph shall be transferred
those activities.’’. School Lunch Act (42 U.S.C. 1751 et seq.) to the Foundation for collaboration with di-
SEC. 2114. HANDS-ON LEARNING PROGRAM. (which, in the case of a high school, may be rectorates and offices of the Foundation out-
(a) FINDINGS.—Congress finds the fol- calculated using comparable data from the side of the Directorate as described under
lowing: schools that feed into the high school). section 2102(c)(7).
(e) AUTHORIZATION OF APPROPRIATIONS.— (c) FISCAL YEAR 2024.—
(1) Developing a robust, talented, and
From the amounts made available to carry (1) FOUNDATION.—There is authorized to be
homegrown workforce, particularly in the
out section 2106 under section 2116 for each of appropriated to the Foundation
fields of STEM, is critical to the success of
fiscal years 2022 through 2026, the Director $16,600,000,000 for fiscal year 2024.
the United States innovation economy.
shall use $25,000,000 for each such fiscal year (2) SPECIFIC NSF ALLOCATIONS.—Of the
(2) The United States educational system to carry out this section. amount authorized under paragraph (1)—
is not producing a sufficient number of work-
SEC. 2115. INTELLECTUAL PROPERTY PROTEC- (A) $10,300,000,000 shall be made available
ers with the necessary STEM expertise to TION. to carry out the activities of the Foundation
meet the needs of the United States industry Consistent with the requirements for the outside of the Directorate, of which
in STEM fields. award, all intellectual property that is de- $1,600,000,000 shall be for STEM education
(3) Hands-on and experiential learning op- veloped through the Foundation, or any pro- and related activities, including workforce
portunities outside of the classroom are crit- gram that has received funding through this activities under section 2202; and
ical for student success in STEM subjects division (or an amendment made by this di- (B) $6,300,000,000 shall be made available to
and careers, stimulating students’ interest, vision), shall not be transferred to— the Directorate, of which—
increasing confidence, and creating motiva- (1) any foreign entity of concern, as defined (i) $2,079,000,000 shall be for the innovation
tion to pursue a related career. in section 2307(a); centers under section 2104;
(4) Hands-on and experiential learning op- (2) any United States subsidiary, division, (ii) $1,134,000,000 shall be for scholarships,
portunities can be particularly successful in or chapter of such a foreign entity of con- fellowships, and other activities under sec-
inspiring interest in students who tradition- cern; or tion 2106;
ally have been underrepresented in STEM (3) any for-profit, or nonprofit, partnership (iii) $882,000,000 shall be for academic tech-
fields, including girls, students of color, and that includes such a foreign entity of con- nology transfer under section 2109;
students from disadvantaged backgrounds. cern in the partnership. (iv) $630,000,000 shall be for test beds under
(5) An expansion of hands-on and experien- SEC. 2116. AUTHORIZATION OF APPROPRIATIONS section 2108;
tial learning programs across the United FOR THE FOUNDATION. (v) $945,000,000 shall be for research and de-
States would expand the STEM workforce (a) FISCAL YEAR 2022.— velopment activities under section 2107; and
pipeline, developing and training students (1) FOUNDATION.—There is authorized to be (vi) an amount equal to 10 percent of the
for careers in STEM fields. appropriated to the Foundation total made available to the Directorate
(b) DEFINITIONS.— $10,800,000,000 for fiscal year 2022. under this subparagraph shall be transferred
(1) ESEA TERMS.—The terms ‘‘elementary (2) SPECIFIC NSF ALLOCATIONS.—Of the to the Foundation for collaboration with di-
school’’, ‘‘high school’’, ‘‘secondary school’’, amount authorized under paragraph (1)— rectorates and offices of the Foundation out-
and ‘‘State’’ have the meanings given the (A) $9,000,000,000 shall be made available to side of the Directorate as described under
terms in section 8101 of the Elementary and carry out the activities of the Foundation section 2102(c)(7).
Secondary Education Act of 1965 (20 U.S.C. outside of the Directorate, of which (d) FISCAL YEAR 2025.—
7801). $1,000,000,000 shall be for STEM education (1) FOUNDATION.—There is authorized to be
(2) ELIGIBLE NONPROFIT PROGRAM.—The and related activities, including workforce appropriated to the Foundation
term ‘‘eligible nonprofit program’’— activities under section 2202; and $19,500,000,000 for fiscal year 2025.
(A) means a nonprofit program serving pre- (B) $1,800,000,000 shall be made available to (2) SPECIFIC NSF ALLOCATIONS.—Of the
kindergarten, elementary school, or sec- the Directorate, of which— amount authorized under paragraph (1)—
ondary school students; and (i) $594,000,000 shall be for the innovation (A) $11,100,000,000 shall be made available
(B) includes a program described in sub- centers under section 2104; to carry out the activities of the Foundation
paragraph (A) that covers the continuum of (ii) $324,000,000 shall be for scholarships, outside of the Directorate, of which
education from prekindergarten through fellowships, and other activities under sec- $2,100,000,000 shall be for STEM education
high school and is available in every State. tion 2106; and related activities, including workforce
(c) PURPOSES.—The purposes of this section (iii) $252,000,000 shall be for academic tech- activities under section 2202; and
are to— nology transfer under section 2109; (B) $8,400,000,000 shall be made available to
(1) provide effective, compelling, and en- (iv) $180,000,000 shall be for test beds under the Directorate, of which—
gaging means for teaching and reinforcing section 2108; (i) $2,772,000,000 shall be for the innovation
fundamental STEM concepts and inspiring (v) $270,000,000 shall be for research and de- centers under section 2104;
the youth of the United States to pursue ca- velopment activities under section 2107; and (ii) $1,512,000,000 shall be for scholarships,
reers in STEM-related fields; (vi) an amount equal to 10 percent of the fellowships, and other activities under sec-
(2) expand the STEM workforce pipeline by total made available to the Directorate tion 2106;
developing and training students for careers under this subparagraph shall be transferred (iii) $1,176,000,000 shall be for academic
in United States STEM fields; and to the Foundation for collaboration with di- technology transfer under section 2109;
(3) broaden participation in the STEM rectorates and offices of the Foundation out- (iv) $840,000,000 shall be for test beds under
workforce by underrepresented population side of the Directorate as described under section 2108;
groups. section 2102(c)(7). (v) $1,260,000,000 shall be for research and
(d) PROGRAM AUTHORIZED.— (b) FISCAL YEAR 2023.— development activities under section 2107;
(1) IN GENERAL.—Subject to the avail- (1) FOUNDATION.—There is authorized to be and
ability of appropriations for such purposes, appropriated to the Foundation (vi) an amount equal to 10 percent of the
the Director shall— $12,800,000,000 for fiscal year 2023. total made available to the Directorate
(A) provide grants to eligible nonprofit (2) SPECIFIC NSF ALLOCATIONS.—Of the under this subparagraph shall be transferred
programs for supporting hands-on learning amount authorized under paragraph (1)— to the Foundation for collaboration with di-
opportunities in STEM education, including (A) $9,600,000,000 shall be made available to rectorates and offices of the Foundation out-
via after-school activities and innovative carry out the activities of the Foundation side of the Directorate as described under
learning opportunities such as robotics com- outside of the Directorate, of which section 2102(c)(7).
petitions; and $1,190,000,000 shall be for STEM education (e) FISCAL YEAR 2026.—
(B) evaluate the impact of such hands-on and related activities, including workforce (1) FOUNDATION.—There is authorized to be
learning opportunities on STEM learning activities under section 2202; and appropriated to the Foundation
and disseminate the results of that evalua- (B) $3,200,000,000 shall be made available to $21,300,000,000 for fiscal year 2026.
tion. the Directorate, of which— (2) SPECIFIC NSF ALLOCATIONS.—Of the
(2) PRIORITY.—In awarding grants under (i) $1,056,000,000 shall be for the innovation amount authorized under paragraph (1)—
the program, the Director shall give priority centers under section 2104; (A) $12,000,000,000 shall be made available
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to eligible nonprofit programs serving stu- (ii) $576,000,000 shall be for scholarships, to carry out the activities of the Foundation
dents that attend elementary, secondary, or fellowships, and other activities under sec- outside of the Directorate, of which
high schools that— tion 2106; $2,540,000,000 shall be for STEM education
(A) are implementing comprehensive sup- (iii) $448,000,000 shall be for academic tech- and related activities, including workforce
port and improvement activities or targeted nology transfer under section 2109; activities under section 2202; and
support and improvement activities under (iv) $320,000,000 shall be for test beds under (B) $9,300,000,000 shall be made available to
paragraph (1) or (2) of section 1111(d) of the section 2108; the Directorate, of which—
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S1316 CONGRESSIONAL RECORD — SENATE March 22, 2022
(i) $3,069,000,000 shall be for the innovation (c) NO FUNDS FOR CONSTRUCTION.—No funds years 2022 through 2026, the Director shall al-
centers under section 2104; provided to the Department of Energy under locate $5,000,000 to carry out this section for
(ii) $1,674,000,000 shall be for scholarships, this section shall be used for construction. each such year.
fellowships, and other activities under sec- SEC. 2118. AUTHORIZATION OF APPROPRIATIONS SEC. 2202. PROGRAMS TO ADDRESS THE STEM
tion 2106; FOR THE DEFENSE ADVANCED RE- WORKFORCE.
(iii) $1,302,000,000 shall be for academic SEARCH PROJECTS AGENCY. (a) IN GENERAL.—The Director shall issue
technology transfer under section 2109; (a) IN GENERAL.—Notwithstanding any undergraduate scholarships, including at
(iv) $930,000,000 shall be for test beds under other provision of law, there is authorized to community colleges, graduate fellowships
section 2108; be appropriated for the Defense Advanced and traineeships, postdoctoral awards, and,
(v) $1,395,000,000 shall be for research and Research Projects Agency to conduct re- as appropriate, other awards.
development activities under section 2107; search and development in key technology (b) IMPLEMENTATION.—The Director may
and focus areas $3,500,000,000 for each of fiscal carry out subsection (a) by making awards—
(vi) an amount equal to 10 percent of the years 2022 through 2026. (1) directly to students; or
total made available to the Directorate (b) SUPPLEMENT, NOT SUPPLANT.—Any (2) to institutions of higher education or
under this subparagraph shall be transferred amount appropriated pursuant to the au- consortia of institutions of higher education,
to the Foundation for collaboration with di- thorization in subsection (a) shall supple- including those institutions or consortia in-
rectorates and offices of the Foundation out- ment and not supplant any amounts already volved in operating university technology
side of the Directorate as described under appropriated for the Defense Advanced Re- centers established under section 2104(a).
section 2102(c)(7). search Projects Agency. (c) BROADENING PARTICIPATION.—In car-
(f) ALLOCATION AND LIMITATIONS.— TITLE II—NSF RESEARCH, STEM, AND rying out this section, the Director shall
(1) ALLOCATION FOR THE OFFICE OF INSPEC- GEOGRAPHIC DIVERSITY INITIATIVES take steps to increase the participation of
TOR GENERAL.—From any amounts appro- SEC. 2201. CHIEF DIVERSITY OFFICER OF THE populations that are underrepresented in
priated for the Foundation for a fiscal year, NSF. STEM, which may include—
the Director shall allocate for necessary ex- (a) CHIEF DIVERSITY OFFICER.— (1) establishing or augmenting programs
penses of the Office of Inspector General of (1) APPOINTMENT.—The President shall ap- targeted at populations that are underrep-
the Foundation an amount of not less than point, by and with the consent of the Senate, resented in STEM;
$33,000,000 in any fiscal year for oversight of a Chief Diversity Officer of the Foundation. (2) supporting traineeships or other rel-
the programs and activities funded under (2) QUALIFICATIONS.—The Chief Diversity evant programs at minority-serving institu-
this section in accordance with the Inspector Officer shall have significant experience, tions (or institutions of higher education
General Act of 1978 (5 U.S.C. App.). within the Federal Government and the with an established STEM capacity building
(2) SUPPLEMENT AND NOT SUPPLANT.—The science community, with diversity- and in- program focused on traditionally underrep-
amounts authorized to be appropriated under clusion-related matters, including— resented populations in STEM, including Na-
this section shall supplement, and not sup- (A) civil rights compliance; tive Hawaiians, Alaska Natives, and Indi-
plant, any other amounts previously appro- (B) harassment policy, reviews, and inves- ans);
priated to the Office of the Inspector General tigations; (3) addressing current and expected gaps in
of the Foundation. (C) equal employment opportunity; and the availability and skills of the STEM
(3) NO NEW AWARDS.—The Director shall (D) disability policy. workforce, or addressing the needs of the
not make any new awards for the activities (3) OVERSIGHT.—The Chief Diversity Officer STEM workforce, including by prioritizing
under the Directorate for any fiscal year in shall direct the Office of Diversity and Inclu- awards to United States citizens, permanent
which the total amount appropriated to the sion of the Foundation and report directly to residents, and individuals that will grow the
Foundation (not including amounts appro- the Director in the performance of the duties domestic workforce;
priated for the Directorate) is less than the of the Chief Diversity Officer under this sec- (4) addressing geographic diversity in the
total amount appropriated to the Founda- tion. STEM workforce; and
tion (not including such amounts), adjusted (b) DUTIES.—The Chief Diversity Officer is (5) awarding grants to institutions of high-
by the rate of inflation, for the previous fis- responsible for providing advice on policy, er education to address STEM workforce
cal year. oversight, guidance, and coordination with gaps, including for programs that recruit, re-
(4) NO FUNDS FOR CONSTRUCTION.—No funds respect to matters of the Foundation related tain, and progress students to a bachelor’s
provided to the Directorate under this sec- to diversity and inclusion, including ensur- degree in a STEM discipline concurrent with
tion shall be used for construction. ing the geographic diversity of the Founda- a secondary school diploma, such as through
SEC. 2117. AUTHORIZATION OF APPROPRIATIONS tion programs. Other duties may include— existing and new partnerships with State
FOR THE DEPARTMENT OF ENERGY. (1) establishing and maintaining a stra- educational agencies.
(a) AUTHORIZATION OF APPROPRIATIONS.— tegic plan that publicly states a diversity (d) INNOVATION.—
(1) FISCAL YEAR 2022.—There is authorized definition, vision, and goals for the Founda- (1) GRADUATE EDUCATION.—In carrying out
to be appropriated to the Department of En- tion; this section, the Director shall encourage in-
ergy $1,000,000,000 for fiscal year 2022 to carry (2) defining a set of strategic metrics that novation in graduate education, and study-
out research and development and address are— ing the impacts of such innovations, includ-
energy-related supply chain activities within (A) directly linked to key organizational ing through encouraging institutions of
the key technology focus areas. priorities and goals; higher education to offer graduate students
(2) FISCAL YEAR 2023.—There is authorized (B) actionable; and opportunities to gain experience in industry
to be appropriated to the Department of En- (C) actively used to implement the stra- or government as part of their graduate
ergy $1,800,000,000 for fiscal year 2023 to carry tegic plan under paragraph (1); training, and through support for students in
out research and development and address (3) advising in the establishment of a stra- professional masters programs related to the
energy-related supply chain activities within tegic plan for diverse participation by indi- key technology focus areas.
the key technology focus areas. viduals and institutions of higher education, (2) POSTDOCTORAL PROFESSIONAL DEVELOP-
(3) FISCAL YEAR 2024.—There is authorized including community colleges, historically MENT.—In carrying out this section, the Di-
to be appropriated to the Department of En- Black colleges and universities, Tribal col- rector shall encourage innovation in
ergy $3,700,000,000 for fiscal year 2024 to carry leges or universities, minority-serving insti- postdoctoral professional development, sup-
out research and development and address tutions, institutions of higher education port the development and diversity of the
energy-related supply chain activities within with an established STEM capacity building STEM workforce, and study the impacts of
the key technology focus areas. program focused on traditionally underrep- such innovation and support. To do so, the
(4) FISCAL YEAR 2025.—There is authorized resented populations in STEM, including Na- Director may use postdoctoral awards estab-
to be appropriated to the Department of En- tive Hawaiians, Alaska Natives, and Indians, lished under subsection (a) or leveraged
ergy $4,900,000,000 for fiscal year 2025 to carry and institutions from jurisdictions eligible under subsection (e)(1) for fellowships or
out research and development and address to participate under section 113 of the Na- other temporary rotational postings of not
energy-related supply chain activities within tional Science Foundation Authorization more than 2 years. Such fellowships or tem-
the key technology focus areas. Act of 1988 (42 U.S.C. 1862g); porary rotational postings shall be award-
(5) FISCAL YEAR 2026.—There is authorized (4) advising in the establishment of a stra- ed—
to be appropriated to the Department of En- tegic plan for outreach to, and recruiting (A) to qualified individuals who have a doc-
ergy $5,500,000,000 for fiscal year 2026 to carry from, untapped locations and underrep- toral degree and received such degree not
out research and development and address resented populations; earlier than 5 years before the date that the
energy-related supply chain activities within (5) advising on the application of the Foun- fellowship or temporary rotational posting
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the key technology focus areas. dation’s broader impacts review criterion; begins; and
(b) SUPPLEMENT AND NOT SUPPLANT.—The and (B) to carry out research in the key tech-
amounts authorized to be appropriated under (6) performing such additional duties and nology focus areas at Federal, State, local,
this section shall supplement, and not sup- exercise such powers as the Director may and Tribal government research facilities.
plant, any other amounts previously author- prescribe. (3) DIRECT HIRE AUTHORITY.—
ized to be appropriated to the Department of (c) FUNDING.—From any amounts appro- (A) IN GENERAL.—During fiscal year 2021
Energy. priated for the Foundation for each of fiscal and any fiscal year thereafter, the head of
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1317
any Federal agency may appoint, without re- creasing research, education, and innovation accordance with section 104 of title 3, United
gard to the provisions of subchapter I of capacity, including for— States Code.
chapter 33 of title 5, United States Code, (1) faculty training and resources, includ- (b) HIGHLY QUALIFIED EXPERTS IN NEEDED
other than sections 3303 and 3328 of that ing joint resources; OCCUPATIONS.—
title, a qualified candidate described in sub- (2) research experiences for undergraduate (1) IN GENERAL.—The Foundation may
paragraph (B) directly to a position in the and graduate students; and carry out a program using the authority pro-
competitive service with the Federal agency (3) maintenance and repair of research vided in paragraph (2) in order to attract
for which the candidate meets Office of Per- equipment and instrumentation. highly qualified experts in needed occupa-
sonnel Management qualification standards. (d) DEFINITION OF ELIGIBLE PARTNERSHIP.— tions, as determined by the Foundation. In-
(B) FELLOWSHIP OR TEMPORARY ROTATIONAL In this section, the term ‘‘eligible partner- dividuals hired by the Director through such
POSTING.—Subparagraph (A) applies with re- ship’’ means a partnership of— authority may include individuals with ex-
spect to a former recipient of an award under (1) at least 1 emerging research institution; pertise in business creativity, innovation
this subsection who— and management, design thinking, entrepreneur-
(i) earned a doctoral degree in a STEM (2) at least 1 institution that, on average ship, venture capital, and related fields.
field from an institution of higher education; for the 3 years prior to an application for an (2) AUTHORITY.—Under the program, the
and award under this section, received more than Foundation may—
(ii) successfully fulfilled the requirements $100,000,000 in Federal research funding. (A) appoint personnel from outside the
of the fellowship or temporary rotational SEC. 2204. PERSONNEL MANAGEMENT AUTHORI- civil service and uniformed services (as such
TIES FOR THE FOUNDATION. terms are defined in section 2101 of title 5,
posting within a Federal agency.
(C) LIMITATION.—The direct hire authority (a) EXPERTS IN SCIENCE AND ENGINEERING.— United States Code) to positions in the
under this paragraph shall be exercised with (1) PROGRAM AUTHORIZED.—The Foundation Foundation without regard to any provision
may carry out a program of personnel man- of title 5, United States Code, governing the
respect to a specific qualified candidate not
agement authority provided under paragraph appointment of employees to positions in the
later than 2 years after the date that the
(2) in order to facilitate recruitment of emi- Foundation;
candidate completed the requirements re-
nent experts in science or engineering for re- (B) prescribe the rates of basic pay for po-
lated to the fellowship or temporary rota-
search and development projects and to en- sitions to which employees are appointed
tional posting described under this sub-
hance the administration and management under subparagraph (A) at rates not in ex-
section.
(e) EXISTING PROGRAMS.—In carrying out of the Foundation. cess of the maximum rate of basic pay au-
this section, the Director may leverage ex- (2) PERSONNEL MANAGEMENT AUTHORITY.— thorized for senior-level positions under sec-
isting programs, including programs that Under the program under paragraph (1), the tion 5376 of title 5, United States Code, as in-
issue— Foundation may— creased by locality-based comparability pay-
(1) postdoctoral awards; (A) without regard to any provision of title ments under section 5304 of such title, not-
5, United States Code, governing the ap- withstanding any provision of such title gov-
(2) graduate fellowships and traineeships,
pointment of employees in the civil service, erning the rates of pay or classification of
inclusive of the NSF Research Traineeships
appoint individuals to a total of not more employees in the executive branch; and
and fellowships awarded under the Graduate
than 140 positions in the Foundation, of (C) pay any employee appointed under sub-
Research Fellowship Program; and
which not more than 5 such positions may be paragraph (A) payments in addition to basic
(3) scholarships, research experiences, and
positions of administration or management pay within the limits applicable to the em-
internships, including—
of the Foundation; ployee under paragraph (4).
(A) scholarships to attend community col-
(B) notwithstanding any provision of title (3) LIMITATION ON TERM OF APPOINTMENT.—
leges; and
5, United States Code, governing the rates of (A) IN GENERAL.—Except as provided in
(B) research experiences and internships
pay or classification of employees in the ex- subparagraph (B), the service of an employee
under sections 513, 514, and 515 of the Amer- ecutive branch, prescribe the rates of basic under an appointment made pursuant to this
ica COMPETES Reauthorization Act of 2010 pay for positions to which employees are ap- subsection may not exceed 5 years.
(42 U.S.C. 1862p–5; 1862p–6; 42 U.S.C. 1862p–7); pointed under subparagraph (A)— (B) EXTENSION.—The Foundation may, in
and (i) in the case of employees appointed pur- the case of a particular employee, extend the
(4) awards to institutions of higher edu- suant to subparagraph (A) to any of 5 posi- period to which service is limited under sub-
cation to enable the institutions to fund in- tions designated by the Foundation for pur- paragraph (A) by up to 1 additional year if
novation in undergraduate and graduate edu- poses of this clause, at rates not in excess of the Foundation determines that such action
cation, increased educational capacity, and a rate equal to 150 percent of the maximum is necessary to promote the Foundation’s na-
the development and establishment of new or rate of basic pay authorized for positions at tional security missions.
specialized programs of study for graduate, level I of the Executive Schedule under sec- (4) LIMITATIONS ON ADDITIONAL PAYMENTS.—
undergraduate, or technical college students, tion 5312 of title 5, United States Code; and (A) TOTAL AMOUNT.—
and the evaluation of the effectiveness of the (ii) in the case of any other employee ap- (i) IN GENERAL.—The total amount of the
programs of study. pointed pursuant to subparagraph (A), at additional payments paid to an employee
(f) SET ASIDE.—The Director shall ensure
rates not in excess of the maximum rate of under this subsection for any 12-month pe-
that not less than 20 percent of the funds
basic pay authorized for senior-level posi- riod may not exceed the lesser of the fol-
available to carry out this section shall be
tions under section 5376 of title 5, United lowing amounts:
used to support institutions of higher edu-
States Code; and (I) $50,000 in fiscal year 2021, which may be
cation, and other institutions, located in ju-
(C) pay any employee appointed under sub- adjusted annually thereafter by the Founda-
risdictions that participate in the program
under section 113 of the National Science paragraph (A), other than an employee ap- tion, with a percentage increase equal to
Foundation Authorization Act of 1988 (42 pointed to a position designated as described one-half of 1 percentage point less than the
U.S.C. 1862g). in subparagraph (B)(i), payments in addition percentage by which the Employment Cost
SEC. 2203. EMERGING RESEARCH INSTITUTION
to basic pay within the limit applicable to Index, published quarterly by the Bureau of
PILOT PROGRAM. the employee under paragraph (4). Labor Statistics, for the base quarter of the
(a) IN GENERAL.—The Director shall estab- (3) LIMITATION ON TERM OF APPOINTMENT.— year before the preceding calendar year ex-
lish a 5-year pilot program for awarding (A) IN GENERAL.—Except as provided in ceeds the Employment Cost Index for the
grants to eligible partnerships, led by 1 or subparagraph (B), the service of an employee base quarter of the second year before the
more emerging research institutions, to under an appointment under paragraph (2)(A) preceding calendar year.
build research and education capacity at may not exceed 4 years. (II) The amount equal to 50 percent of the
emerging research institutions to enable (B) EXTENSION.—The Director may, in the employee’s annual rate of basic pay.
such institutions to contribute to programs case of a particular employee under the pro- (ii) DEFINITION OF BASE QUARTER.— For pur-
run by the Directorate. gram under paragraph (1), extend the period poses of this subparagraph, the term ‘‘base
(b) APPLICATIONS.—An eligible partnership to which service is limited under subpara- quarter’’ has the meaning given such term
seeking a grant under this section shall sub- graph (A) by up to 2 years if the Director de- by section 5302(3) of title 5, United States
mit an application to the Director at such termines that such action is necessary to Code.
time, in such manner, and containing such promote the efficiency of the Foundation, as (B) ELIGIBILITY FOR PAYMENTS.—An em-
information as the Director may reasonably applicable. ployee appointed under this subsection is not
require, including a statement of how the (4) MAXIMUM AMOUNT OF ADDITIONAL PAY- eligible for any bonus, monetary award, or
partnership will use the funds awarded MENTS PAYABLE.—Notwithstanding any other other monetary incentive for service, except
through the grant to achieve a lasting, sus- provision of this subsection or section 5307 of for payments authorized under this sub-
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tainable increase in the research and edu- title 5, United States Code, no additional section.
cation capacity of each emerging research payments may be paid to an employee under (C) ADDITIONAL LIMITATION.—Notwith-
institution included in the eligible partner- paragraph (2)(C) in any calendar year if, or standing any other provision of this para-
ship. to the extent that, the employee’s total an- graph or of section 5307 of title 5, United
(c) ACTIVITIES.—An eligible partnership re- nual compensation in such calendar year will States Code, no additional payments may be
ceiving a grant under this section may use exceed the maximum amount of total annual paid to an employee under this subsection in
the funds awarded through such grant for in- compensation payable at the salary set in any calendar year if, or to the extent that,
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S1318 CONGRESSIONAL RECORD — SENATE March 22, 2022
the employee’s total annual compensation (C) in paragraph (5), by striking ‘‘scientific (II) in clause (i), by striking ‘‘to ensure’’
will exceed the maximum amount of total and technical education and training’’ and and inserting ‘‘to develop articulation agree-
annual compensation payable at the salary inserting ‘‘STEM education and training’’; ments that ensure’’; and
set in accordance with section 104 of title 3, and (III) in clause (ii), by striking ‘‘courses at
United States Code. (2) in subsection (b)— the bachelor-degree-granting institution’’
(5) LIMITATION ON NUMBER OF HIGHLY QUALI- (A) in paragraph (2), by striking ‘‘mathe- and inserting ‘‘the career and educational
FIED EXPERTS.—The number of highly quali- matics and science’’ and inserting ‘‘STEM pathways supported by the articulation
fied experts appointed and retained by the fields’’; and agreements’’;
Foundation under paragraph (2)(A) shall not (B) in paragraph (4), by striking ‘‘mathe- (ii) in subparagraph (B)—
exceed 140 at any time. matics and science instruction’’ and insert- (I) in clause (i), by inserting ‘‘veterans and
(6) SAVINGS PROVISIONS.—In the event that ing ‘‘STEM instruction’’. individuals engaged in’’ before ‘‘work in the
the Foundation terminates the program (b) MODERNIZING REFERENCES TO STEM.— home’’;
under this subsection, in the case of an em- Section 3 of the Scientific and Advanced- (II) in clause (iii)—
ployee who, on the day before the termi- Technology Act of 1992 (42 U.S.C. 1862i) is (aa) by striking ‘‘bachelor’s-degree-grant-
nation of the program, is serving in a posi- amended— ing institutions’’ and inserting ‘‘institutions
tion pursuant to an appointment under this (1) in the section heading, by striking ‘‘SCI- or work sites’’; and
subsection— ENTIFIC AND TECHNICAL EDUCATION ’’ and in- (bb) by inserting ‘‘or industry internships’’
(A) the termination of the program does serting ‘‘STEM EDUCATION’’; after ‘‘summer programs’’; and
not terminate the employee’s employment in (2) in subsection (a)— (III) by striking the flush text following
that position before the expiration of the (A) in the subsection heading, by striking clause (iv); and
lesser of— ‘‘SCIENTIFIC AND TECHNICAL EDUCATION ’’ and (iii) by striking subparagraph (C);
(i) the period for which the employee was inserting ‘‘STEM EDUCATION’’; (B) in paragraph (2)—
appointed; or (B) in the matter preceding paragraph (1)— (i) by striking ‘‘mathematics and science
(ii) the period to which the employee’s (i) by inserting ‘‘and education to prepare programs’’ and inserting ‘‘STEM programs’’;
service is limited under paragraph (3), in- the skilled technical workforce to meet (ii) by inserting ‘‘and, as appropriate, ele-
cluding any extension made under this sub- workforce demands’’ before ‘‘, and to im- mentary schools,’’ after ‘‘with secondary
section before the termination of the pro- prove’’; schools’’;
gram; and (ii) by striking ‘‘core education courses in (iii) by striking ‘‘mathematics and science
(B) the rate of basic pay prescribed for the science and mathematics’’ and inserting education’’ and inserting ‘‘STEM edu-
position under this subsection may not be re- ‘‘core education courses in STEM fields’’; cation’’;
duced as long as the employee continues to (iii) by inserting ‘‘veterans and individuals (iv) by striking ‘‘secondary school stu-
serve in the position without a break in serv- engaged in’’ before ‘‘work in the home’’; and dents’’ and inserting ‘‘students at these
ice. (iv) by inserting ‘‘and on building a path- schools’’;
(c) ADDITIONAL HIRING AUTHORITY.—To the way from secondary schools, to associate-de- (v) by striking ‘‘science and advanced-tech-
extent needed to carry out the duties under
gree-granting institutions, to careers that nology fields’’ and inserting ‘‘STEM and ad-
subsection (a)(1), the Director is authorized
require technical training’’ before ‘‘, and vanced-technology fields’’; and
to utilize hiring authorities under section
shall be designed’’; (vi) by striking ‘‘agreements with local
3372 of title 5, United States Code, to staff
(C) in paragraph (1)— educational agencies’’ and inserting ‘‘articu-
the Foundation with employees from other
Federal agencies, State and local govern- (i) by inserting ‘‘and study’’ after ‘‘devel- lation agreements or dual credit courses
ments, Indian Tribes and Tribal organiza- opment’’; and with local secondary schools, or other means
tions, institutions of higher education, and (ii) by striking ‘‘core science and mathe- as the Director determines appropriate,’’;
other organizations, as described in that sec- matics courses’’ and inserting ‘‘core STEM and
tion, in the same manner and subject to the courses’’; (C) in paragraph (3)—
same conditions, that apply to such individ- (D) in paragraph (2), by striking ‘‘science, (i) by striking subparagraph (B);
uals utilized to accomplish other missions of mathematics, and advanced-technology (ii) by striking ‘‘shall—’’and all that fol-
the Foundation. fields’’ and inserting ‘‘STEM and advanced- lows through ‘‘establish a’’ and inserting
(d) NATIONAL ACADEMY OF PUBLIC ADMINIS- technology fields’’; ‘‘shall establish a’’;
TRATION.— (E) in paragraph (3)(A), by inserting ‘‘to (iii) by striking ‘‘the fields of science, tech-
(1) STUDY.—Not later than 30 days after the support the advanced-technology industries nology, engineering, and mathematics’’ and
date of enactment of this division, the Direc- that drive the competitiveness of the United inserting ‘‘STEM fields’’; and
tor shall contract with the National Acad- States in the global economy’’ before the (iv) by striking ‘‘; and’’ and inserting ‘‘, in-
emy of Public Administration to conduct a semicolon at the end; cluding jobs at Federal and academic labora-
study on the organizational and manage- (F) in paragraph (4), by striking ‘‘scientific tories.’’;
ment structure of the Foundation, to— and advanced-technology fields’’ and insert- (5) in subsection (d)(2)—
(A) evaluate and make recommendations ing ‘‘STEM and advanced-technology fields’’; (A) in subparagraph (D), by striking ‘‘and’’
to efficiently and effectively implement the and after the semicolon;
Directorate for Technology and Innovation; (G) in paragraph (5), by striking ‘‘advanced (B) in subparagraph (E), by striking the pe-
(B) evaluate and make recommendations scientific and technical education’’ and in- riod at the end and inserting a semicolon;
to ensure coordination of the Directorate for serting ‘‘advanced STEM and advanced-tech- and
Technology and Innovation with other direc- nology’’; (C) by adding at the end the following:
torates and offices of the Foundation and (3) in subsection (b)— ‘‘(F) as appropriate, applications that
other Federal agencies; and (A) by striking the subsection heading and apply the best practices for STEM education
(C) make recommendations for the man- inserting the following: ‘‘CENTERS OF SCI- and technical skills education through dis-
agement of the Foundation’s business and ENTIFIC AND TECHNICAL EDUCATION.—’’; tance learning or in a simulated work envi-
personnel practices, including implementa- (B) in the matter preceding paragraph (1), ronment, as determined by research de-
tion of the new hiring authorities and pro- by striking ‘‘not to exceed 12 in number’’ and scribed in subsection (f); and’’;
gram director authorities provided in this inserting ‘‘in advanced-technology fields’’; (6) in subsection (g), by striking the second
section and section 2103. (C) in paragraph (2), by striking ‘‘education sentence;
(2) REVIEW.—Upon completion of the study in mathematics and science’’ and inserting (7) in subsection (h)(1)—
under paragraph (1), the Foundation shall re- ‘‘STEM education’’; and (A) in subparagraph (A), by striking ‘‘2022’’
view the recommendations from the Na- (D) in the flush matter following paragraph and inserting ‘‘2026’’;
tional Academy of Public Administration (2), by striking ‘‘in the geographic region (B) in subparagraph (B), by striking ‘‘2022’’
and provide a briefing to Congress on the served by the center’’; and inserting ‘‘2026’’; and
plans of the Foundation to implement any (4) in subsection (c)— (C) in subparagraph (C)—
such recommendations. (A) in paragraph (1)— (i) by striking ‘‘up to $2,500,000’’ and insert-
SEC. 2205. ADVANCED TECHNOLOGICAL MANU- (i) in subparagraph (A)— ing ‘‘not less than $3,000,000’’; and
FACTURING ACT. (I) in the matter preceding clause (i), by (ii) by striking ‘‘2022’’ and inserting ‘‘2026’’;
(a) FINDINGS AND PURPOSE.—Section 2 of striking ‘‘to encourage’’ and all that follows (8) in subsection (i)—
the Scientific and Advanced-Technology Act through ‘‘such means as—’’ and inserting ‘‘to (A) by striking paragraph (3); and
of 1992 (42 U.S.C. 1862h) is amended— encourage the development of career and (B) by redesignating paragraphs (4) and (5)
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(1) in subsection (a)— educational pathways with multiple entry as paragraphs (3) and (4), respectively; and
(A) in paragraph (3), by striking ‘‘science, and exit points leading to credentials and de- (9) in subsection (j)—
mathematics, and technology’’ and inserting grees, and to assist students pursuing path- (A) by striking paragraph (1) and inserting
‘‘science, technology, engineering, and math- ways in STEM fields to transition from asso- the following:
ematics or STEM’’; ciate-degree-granting colleges to bachelor- ‘‘(1) the term advanced-technology in-
(B) in paragraph (4), by inserting ‘‘edu- degree-granting institutions, through such cludes technological fields such as advanced
cated’’ and before ‘‘trained’’; and means as—’’; manufacturing, agricultural-, biological- and
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1319
chemical-technologies, energy and environ- (2) develop agency-wide best practices from (4) identify opportunities to promote
mental technologies, engineering tech- the pilot programs for implementation multi-disciplinary programs of study that in-
nologies, information technologies, micro across the Foundation, in order to fulfill the tegrate basic or advanced AI training with
and nano-technologies, cybersecurity tech- requirement under section 3(e) of the Na- other fields of study, including those that
nologies, geospatial technologies, and new, tional Science Foundation Act of 1950 (42 address the social, economic, legal, and eth-
emerging technology areas;’’; U.S.C. 1862(e)). ical implications of human interaction with
(B) in paragraph (4), by striking ‘‘separate SEC. 2207. PUBLIC-PRIVATE PARTNERSHIPS. AI systems; and
bachelor-degree-granting institutions’’ and (a) IN GENERAL.—The Director shall pursue (5) support capacity-building education re-
inserting ‘‘other entities’’; partnerships with private industry, private search programs that will enable postsec-
(C) by striking paragraph (7); foundations, or other appropriate private en- ondary educational institutions to expand
(D) by redesignating paragraphs (8) and (9) tities to— their ability to train the next-generation AI
as paragraphs (7) and (8), respectively; (1) enhance the impact of the Foundation’s workforce, including AI researchers and
(E) in paragraph (7), as redesignated by investments and contributions to the United practitioners.
subparagraph (D), by striking ‘‘and’’ after States economic competitiveness and secu- (e) SCHOLARSHIP AMOUNTS.—Each scholar-
the semicolon; rity; and ship under subsection (d) shall be in an
(F) in paragraph (8), as redesignated by (2) make available infrastructure, exper- amount that covers the student’s tuition and
subparagraph (D)— tise, and financial resources to the United fees at the institution for not more than 3
(i) by striking ‘‘mathematics, science, en- States scientific and engineering research years and provides the student with an addi-
gineering, or technology’’ and inserting and education enterprise. tional stipend.
‘‘science, technology, engineering, or mathe- (b) MERIT REVIEW.—Nothing in this section (f) POST-AWARD EMPLOYMENT OBLIGA-
matics’’; and shall be construed as altering any intellec- TIONS.—Each scholarship recipient, as a con-
(ii) by striking the period at the end and tual or broader impacts criteria at the Foun- dition of receiving a scholarship under the
inserting ‘‘; and’’; and dation for evaluating grant applications. program, shall enter into an agreement
(G) by adding at the end the following: SEC. 2208. AI SCHOLARSHIP-FOR-SERVICE ACT. under which the recipient agrees to work for
‘‘(9) the term skilled technical workforce (a) DEFINITIONS.—In this section: a period equal to the length of the scholar-
means workers— (1) ARTIFICIAL INTELLIGENCE.—The term ship, following receipt of the student’s de-
‘‘(A) in occupations that use significant ‘‘artificial intelligence’’ or ‘‘AI’’ has the gree, in the AI mission of—
levels of science and engineering expertise meaning given the term ‘‘artificial intel- (1) an executive agency;
and technical knowledge; and ligence’’ in section 238(g) of the John S. (2) Congress, including any agency, entity,
‘‘(B) whose level of educational attainment McCain National Defense Authorization Act office, or commission established in the leg-
is less than a bachelor degree.’’. for Fiscal Year 2019 (10 U.S.C. 2358 note). islative branch;
(c) AUTHORIZATION OF APPROPRIATIONS.— (2) EXECUTIVE AGENCY.—The term ‘‘execu- (3) an interstate agency;
Section 5 of the Scientific and Advanced- tive agency’’ has the meaning given the term (4) a State, local, or Tribal government,
Technology Act of 1992 (42 U.S.C. 1862j) is ‘‘Executive agency’’ in section 105 of title 5, which may include instruction in AI-related
amended to read as follows: United States Code. skill sets in a public school system; or
‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (3) REGISTERED INTERNSHIP.—The term (5) a State, local, or Tribal government-af-
‘‘There are authorized to be appropriated ‘‘registered internship’’ means a Federal filiated nonprofit entity that is considered to
to the Director (from sums otherwise author- Registered Internship Program coordinated be critical infrastructure (as defined in sec-
ized to be appropriated for the Foundation) through the Department of Labor. tion 1016(e) of the USA Patriot Act (42 U.S.C.
for carrying out sections 2 through 4, (b) IN GENERAL.—The Director, in coordi- 5195c(e))).
$150,000,000 for fiscal years 2022 through nation with the Director of the Office of Per- (g) HIRING AUTHORITY.—
2026.’’. sonnel Management, the Director of the Na- (1) APPOINTMENT IN EXCEPTED SERVICE.—
SEC. 2206.
INTRAMURAL EMERGING INSTITU- tional Institute of Standards and Tech- Notwithstanding any provision of chapter 33
TIONS PILOT PROGRAM. nology, and the heads of other agencies with of title 5, United States Code, governing ap-
(a) ESTABLISHMENT.—The Director shall appropriate scientific knowledge, shall es- pointments in the competitive service, an
conduct multiple pilot programs within the tablish a Federal artificial intelligence executive agency may appoint an individual
Foundation to expand the number of institu- scholarship-for-service program (referred to who has completed the eligible degree pro-
tions of higher education (including such in- in this section as the Federal AI Scholar- gram for which a scholarship was awarded to
stitutions that are community colleges), and ship-for-Service Program) to recruit and a position in the excepted service in the ex-
other eligible entities that the Director de- train artificial intelligence professionals to ecutive agency.
termines appropriate, that are able to suc- lead and support the application of artificial (2) NONCOMPETITIVE CONVERSION.—Except
cessfully compete for Foundation grants. intelligence to the missions of Federal, as provided in paragraph (4), upon fulfill-
(b) COMPONENTS.—Each pilot program de- State, local, and Tribal governments. ment of the service term, an employee ap-
scribed in subsection (a) shall include at (c) QUALIFIED INSTITUTION OF HIGHER EDU- pointed under paragraph (1) may be con-
least 1 of the following elements: CATION.—The Director, in coordination with verted noncompetitively to term, career-con-
(1) A mentorship program. the heads of other agencies with appropriate ditional, or career appointment.
(2) Grant writing technical assistance. scientific knowledge, shall establish criteria (3) TIMING OF CONVERSION.—An executive
(3) Targeted outreach, including to a mi- to designate qualified institutions of higher agency may noncompetitively convert a
nority-serving institution (including a his- education that shall be eligible to partici- term employee appointed under paragraph
torically Black college or university, a Trib- pate in the Federal AI Scholarship-for-Serv- (2) to a career-conditional or career appoint-
al college or university, or a Hispanic-serv- ice program. Such criteria shall include— ment before the term appointment expires.
ing institution or an institution of higher (1) measures of the institution’s dem- (4) AUTHORITY TO DECLINE CONVERSION.—An
education with an established STEM capac- onstrated excellence in the education of stu- executive agency may decline to make the
ity building program focused on tradition- dents in the field of artificial intelligence; noncompetitive conversion or appointment
ally underrepresented populations in STEM, and under paragraph (2) for cause.
including Native Hawaiians, Alaska Natives, (2) measures of the institution’s ability to (h) ELIGIBILITY.—To be eligible to receive a
and Indians). attract and retain a diverse and non-tradi- scholarship under this section, an individual
(4) Programmatic support or solutions for tional student population in the fields of shall—
institutions or entities that do not have an science, technology, engineering, and mathe- (1) be a citizen or lawful permanent resi-
experienced grant management office. matics, which may include the ability to at- dent of the United States;
(5) An increase in the number of grant re- tract women, minorities, and individuals (2) demonstrate a commitment to a career
viewers from institutions of higher edu- with disabilities. in advancing the field of AI;
cation that have not traditionally received (d) PROGRAM DESCRIPTION AND COMPO- (3) be—
funds from the Foundation. NENTS.—The Federal AI Scholarship-for- (A) a full-time student in an eligible degree
(6) An increase of the term and funding, for Service Program shall— program at a qualified institution of higher
a period of 3 years or less, as appropriate, to (1) provide scholarships through qualified education, as determined by the Director;
a principal investigator that is a first-time institutions of higher education to students (B) a student pursuing a degree on a less
grant awardee, when paired with regular who are enrolled in programs of study at in- than full-time basis, but not less than half-
mentoring on the administrative aspects of stitutions of higher education leading to de- time basis; or
grant management. grees or concentrations in or related to the (C) an AI faculty member on sabbatical to
(c) LIMITATION.—As appropriate, each pilot artificial intelligence field; advance knowledge in the field; and
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program described in subsection (a) shall (2) provide the scholarship recipients with (4) accept the terms of a scholarship under
work to reduce administrative burdens. summer internship opportunities, registered this section.
(d) AGENCY-WIDE PROGRAMS.—Not later internships, or other meaningful temporary (i) CONDITIONS OF SUPPORT.—
than 5 years after the date of enactment of appointments in the Federal workforce fo- (1) IN GENERAL.—As a condition of receiv-
this division, the Director shall— cusing on AI projects or research; ing a scholarship under this section, a recipi-
(1) review the results of the pilot programs (3) prioritize the employment placement of ent shall agree to provide the qualified insti-
described in subsection (a); and scholarship recipients in executive agencies; tution of higher education with annual
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S1320 CONGRESSIONAL RECORD — SENATE March 22, 2022
verifiable documentation of post-award em- this subsection shall be returned to the the funds provided to the Foundation, for
ployment and up-to-date contact informa- Treasury of the United States. each fiscal year, to carry out the program
tion. (3) RETAIN PERCENTAGE.—A qualified insti- under section 113 of the National Science
(2) TERMS.—A scholarship recipient under tution of higher education may retain a per- Foundation Authorization Act of 1988 (42
this section shall be liable to the United centage of any repayment the institution U.S.C. 1862g).
States as provided in subsection (k) if the in- collects under this subsection to defray ad- (c) DEPARTMENT OF ENERGY.—The Sec-
dividual— ministrative costs associated with the col- retary of Energy shall use not less than 20
(A) fails to maintain an acceptable level of lection. The Director shall establish a fixed percent of the funds provided to the Depart-
academic standing at the applicable institu- percentage that will apply to all eligible en- ment of Energy under section 2117 for each
tion of higher education, as determined by tities, and may update this percentage as fiscal year to carry out the program under
the Director; needed, in the determination of the Director. section 2203(b)(3) of the Energy Policy Act of
(B) is dismissed from the applicable insti- (n) EXCEPTIONS.—The Director may provide 1992 (42 U.S.C. 13503(b)(3)).
tution of higher education for disciplinary for the partial or total waiver or suspension
(d) CONSORTIA.—In the case of an award to
reasons; of any service or payment obligation by an
individual under this section whenever com- a consortium under this division, the Direc-
(C) withdraws from the eligible degree pro- tor may count the entire award toward
gram before completing the program; pliance by the individual with the obligation
is impossible or would involve extreme hard- meeting the funding requirements of this
(D) declares that the individual does not section if the lead entity of the consortium
intend to fulfill the post-award employment ship to the individual, or if enforcement of
such obligation with respect to the indi- is located in a jurisdiction that is eligible to
obligation under this section; or participate in the program under section 113
(E) fails to fulfill the post-award employ- vidual would be unconscionable.
(o) PUBLIC INFORMATION.— of the National Science Foundation Author-
ment obligation of the individual under this ization Act of 1988 (42 U.S.C. 1862g). In the
section. (1) EVALUATION.—The Director, in coordi-
nation with the Director of the Office of Per- case of an award to a consortium under this
(j) MONITORING COMPLIANCE.—As a condi- division, the Secretary may count the entire
sonnel Management, shall annually evaluate
tion of participating in the program, a quali- award toward meeting the funding require-
and make public, in a manner that protects
fied institution of higher education shall— ments of this section if the lead entity of the
the personally identifiable information of
(1) enter into an agreement with the Direc- consortium is located in a jurisdiction that
scholarship recipients, information on the
tor to monitor the compliance of scholarship is eligible to participate in the program
success of recruiting individuals for scholar-
recipients with respect to their post-award under section 2203(b)(3) of the Energy Policy
ships under this section and on hiring and re-
employment obligations; and Act of 1992 (42 U.S.C. 13503(b)(3)).
taining those individuals in the public sector
(2) provide to the Director, on an annual
AI workforce, including information on— SEC. 2210. RURAL STEM EDUCATION ACT.
basis, the post-award employment docu-
(A) placement rates;
mentation required under subsection (i) for (a) DEFINITIONS.—In this section:
(B) where students are placed, including
scholarship recipients through the comple- (1) FEDERAL LABORATORY.—The term ‘‘Fed-
job titles and descriptions;
tion of their post-award employment obliga- eral laboratory’’ has the meaning given such
(C) salary ranges for students not released
tions. term in section 4 of the Stevenson-Wydler
from obligations under this section;
(k) AMOUNT OF REPAYMENT.— Technology Innovation Act of 1980 (15 U.S.C.
(D) how long after graduation students are
(1) LESS THAN 1 YEAR OF SERVICE.—If a cir- 3703).
placed;
cumstance described in subsection (i)(2) oc- (2) INSTITUTION OF HIGHER EDUCATION.—The
(E) how long students stay in the positions
curs before the completion of 1 year of a term ‘‘institution of higher education’’ has
they enter upon graduation;
post-award employment obligation under the meaning given such term in section
(F) how many students are released from
this section, the total amount of scholarship 101(a) of the Higher Education Act of 1965 (20
obligations; and
awards received by the individual under this U.S.C. 1001(a)).
(G) what, if any, remedial training is re-
section shall— (3) STEM.—The term ‘‘STEM’’ has the
quired.
(A) be repaid; or meaning given the term in section 2 of the
(2) REPORTS.—The Director, in coordina-
(B) be treated as a loan to be repaid in ac- America COMPETES Reauthorization Act of
tion with the Office of Personnel Manage-
cordance with subsection (l). 2010 (42 U.S.C. 6621 note).
ment, shall submit, not less frequently than
(2) 1 OR MORE YEARS OF SERVICE.—If a cir- (4) STEM EDUCATION.—The term ‘‘STEM
once every 3 years, to the Committee on
cumstance described in subparagraph (D) or education’’ has the meaning given the term
Homeland Security and Governmental Af-
(E) of subsection (i)(2) occurs after the com- in section 2 of the STEM Education Act of
fairs of the Senate, the Committee on Com-
pletion of 1 or more years of a post-award 2015 (42 U.S.C. 6621 note).
merce, Science, and Transportation of the
employment obligation under this section, (b) NATIONAL SCIENCE FOUNDATION RURAL
Senate, the Committee on Science, Space,
the total amount of scholarship awards re- STEM ACTIVITIES.—
and Technology of the House of Representa-
ceived by the individual under this section, (1) PREPARING RURAL STEM EDUCATORS.—
tives, and the Committee on Oversight and
reduced by the ratio of the number of years (A) IN GENERAL.—The Director shall pro-
Reform of the House of Representatives a re-
of service completed divided by the number vide grants on a merit-reviewed, competitive
port, including the results of the evaluation
of years of service required, shall— basis to institutions of higher education or
under paragraph (1) and any recent statistics
(A) be repaid; or nonprofit organizations (or a consortium
regarding the size, composition, and edu-
(B) be treated as a loan to be repaid in ac- thereof) for research and development to ad-
cational requirements of the Federal AI
cordance with subsection (l). vance innovative approaches to support and
workforce.
(l) REPAYMENTS.—A loan described in sub- (3) RESOURCES.—The Director, in coordina- sustain high-quality STEM teaching in rural
section (k) shall— tion with the Director of the Office of Per- schools.
(1) be treated as a Federal Direct Unsub- sonnel Management, shall provide consoli- (B) USE OF FUNDS.—
sidized Stafford Loan under part D of title IV dated and user-friendly online resources for (i) IN GENERAL.—Grants awarded under this
of the Higher Education Act of 1965 (20 U.S.C. prospective scholarship recipients, including, paragraph shall be used for the research and
1087a et seq.); and to the extent practicable— development activities referred to in sub-
(2) be subject to repayment, together with (A) searchable, up-to-date, and accurate in- paragraph (A), which may include—
interest thereon accruing from the date of formation about participating institutions of (I) engaging rural educators of students in
the scholarship award, in accordance with higher education and job opportunities re- prekindergarten through grade 12 in profes-
terms and conditions specified by the Direc- lated to the AI field; and sional learning opportunities to enhance
tor (in consultation with the Secretary of (B) a modernized description of AI careers. STEM knowledge, including computer
Education). (p) REFRESH.—Not less than once every 2 science, and develop best practices;
(m) COLLECTION OF REPAYMENT.— years, the Director, in coordination with the (II) supporting research on effective STEM
(1) IN GENERAL.—In the event that a schol- Director of the Office of Personnel Manage- teaching practices in rural settings, includ-
arship recipient is required to repay the ment, shall review and update the Federal AI ing the use of rubrics and mastery-based
scholarship award under this section, the Scholarship-for-Service Program to reflect grading practices to assess student perform-
qualified institution of higher education pro- advances in technology. ance when employing the transdisciplinary
viding the scholarship shall— SEC. 2209. GEOGRAPHIC DIVERSITY. teaching approach for STEM disciplines;
(A) determine the repayment amounts and (a) DIRECTORATE.—The Director shall use (III) designing and developing pre-service
notify the recipient and the Director of the not less than 20 percent of the funds provided and in-service training resources to assist
amounts owed; and to the Directorate, for each fiscal year, to such rural educators in adopting
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(B) collect the repayment amounts within carry out the program under section 113 of transdisciplinary teaching practices across
a period of time as determined by the Direc- the National Science Foundation Authoriza- STEM courses;
tor, or the repayment amounts shall be tion Act of 1988 (42 U.S.C. 1862g) for the pur- (IV) coordinating with local partners to
treated as a loan in accordance with sub- poses of carrying out sections 2104, 2106, 2107, adapt STEM teaching practices to leverage
section (l). 2108, and 2109 of this Act. local, natural, and community assets in
(2) RETURNED TO TREASURY.—Except as pro- (b) NATIONAL SCIENCE FOUNDATION.—The order to support in-place learning in rural
vided in paragraph (3), any repayment under Director shall use not less than 20 percent of areas;
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1321
(V) providing hands-on training and re- (3) APPLICATION.—An applicant seeking a engineering, and computer science fields;
search opportunities for rural educators de- grant under paragraph (1) or (2) shall submit and
scribed in subclause (I) at Federal labora- an application at such time, in such manner, (B) an assessment of the policies and ac-
tories or institutions of higher education, or and containing such information as the Di- tivities of the Foundation, along with pro-
in industry; rector may require. The application may in- posals for new strategies or the broadening
(VI) developing training and best practices clude the following: of existing successful strategies towards fa-
for educators who teach multiple grade lev- (A) A description of the target population cilitating the goal of increasing participa-
els within a STEM discipline; to be served by the research activity or ac- tion of rural students in prekindergarten
(VII) designing and implementing profes- tivities for which such grant is sought. through grade 12 in Foundation activities.
sional development courses and experiences, (B) A description of the process for recruit- (8) COORDINATION.—In carrying out this
including mentoring, for rural educators de- ment and selection of students, educators, or subsection, the Director shall, for purposes
scribed in subclause (I) that combine face-to- schools from rural areas to participate in of enhancing program effectiveness and
face and online experiences; and such activity or activities. avoiding duplication of activities, consult,
(VIII) any other activity the Director de- (C) A description of how such activity or cooperate, and coordinate with the programs
termines will accomplish the goals of this activities may inform efforts to promote the and policies of other relevant Federal agen-
paragraph. engagement and achievement of rural stu- cies.
(ii) RURAL STEM COLLABORATIVE.—The Di- dents in prekindergarten through grade 12 in
(c) OPPORTUNITIES FOR ONLINE EDU-
rector shall establish a pilot program of re- STEM studies.
CATION.—
gional cohorts in rural areas that will pro- (D) In the case of a proposal consisting of
(1) IN GENERAL.—The Director shall award
vide peer support, mentoring, and hands-on a partnership or partnerships with one or
competitive grants to institutions of higher
research experiences for rural STEM edu- more rural schools and one or more research-
education or nonprofit organizations (or a
cators of students in prekindergarten ers, a plan for establishing a sustained part-
consortium thereof, which may include a pri-
through grade 12, in order to build an eco- nership that is jointly developed and man-
vate sector partner) to conduct research on
system of cooperation among educators, re- aged, draws from the capacities of each part-
online STEM education courses for rural
searchers, academia, and local industry. ner, and is mutually beneficial.
communities.
(2) BROADENING PARTICIPATION OF RURAL (4) PARTNERSHIPS.—In awarding grants
STUDENTS IN STEM.— under paragraph (1) or (2), the Director (2) RESEARCH AREAS.—The research areas
(A) IN GENERAL.—The Director shall pro- shall— eligible for funding under this subsection
vide grants on a merit-reviewed, competitive (A) encourage applicants which, for the shall include—
basis to institutions of higher education or purpose of the activity or activities funded (A) evaluating the learning and achieve-
nonprofit organizations (or a consortium through the grant, include or partner with a ment of rural students in prekindergarten
thereof) for— nonprofit organization or an institution of through grade 12 in STEM subjects;
(i) research and development of program- higher education (or a consortium thereof) (B) understanding how computer-based and
ming to identify the barriers rural students that has extensive experience and expertise online professional development courses and
face in accessing high-quality STEM edu- in increasing the participation of rural stu- mentor experiences can be integrated to
cation; and dents in prekindergarten through grade 12 in meet the needs of educators of rural students
(ii) development of innovative solutions to STEM; and in prekindergarten through grade 12;
improve the participation and advancement (B) encourage applicants which, for the (C) combining computer-based and online
of rural students in prekindergarten through purpose of the activity or activities funded STEM education and training with appren-
grade 12 in STEM studies. through the grant, include or partner with a ticeships, mentoring, or other applied learn-
(B) USE OF FUNDS.— consortium of rural schools or rural school ing arrangements;
(i) IN GENERAL.—Grants awarded under this districts. (D) leveraging online programs to supple-
paragraph shall be used for the research and (5) EVALUATIONS.—All proposals for grants ment STEM studies for rural students that
development activities referred to in sub- under paragraphs (1) and (2) shall include an need physical and academic accommodation;
paragraph (A), which may include— evaluation plan that includes the use of out- and
(I) developing partnerships with commu- come-oriented measures to assess the impact (E) any other activity the Director deter-
nity colleges to offer advanced STEM course and efficacy of the grant. Each recipient of a mines will accomplish the goals of this sub-
work, including computer science, to rural grant under this subsection shall include re- section.
high school students; sults from these evaluative activities in an- (3) EVALUATIONS.—All proposals for grants
(II) supporting research on effective STEM nual and final projects. under this subsection shall include an eval-
practices in rural settings; (6) ACCOUNTABILITY AND DISSEMINATION.— uation plan that includes the use of out-
(III) implementing a school-wide STEM ap- (A) EVALUATION REQUIRED.—The Director come-oriented measures to assess the impact
proach; shall evaluate the portfolio of grants award- and efficacy of the grant. Each recipient of a
(IV) improving the Foundation’s Advanced ed under paragraphs (1) and (2). Such evalua- grant under this subsection shall include re-
Technology Education program’s coordina- tion shall— sults from these evaluative activities in an-
tion and engagement with rural commu- (i) assess the results of research conducted nual and final projects.
nities; under such grants and identify best prac- (4) ACCOUNTABILITY AND DISSEMINATION.—
(V) collaborating with existing community tices; and (A) EVALUATION REQUIRED.—The Director
partners and networks, such as the Coopera- (ii) to the extent practicable, integrate the shall evaluate the portfolio of grants award-
tive Extension System services and extra- findings of research resulting from the activ- ed under this subsection. Such evaluation
mural research programs of the Department ity or activities funded through such grants shall—
of Agriculture and youth serving organiza- with the findings of other research on rural (i) use a common set of benchmarks and
tions like 4–H, after school STEM programs, students’ pursuit of degrees or careers in tools to assess the results of research con-
and summer STEM programs, to leverage STEM. ducted under such grants and identify best
community resources and develop place- (B) REPORT ON EVALUATIONS.—Not later practices; and
based programming; than 180 days after the completion of the (ii) to the extent practicable, integrate
(VI) connecting rural school districts and evaluation under subparagraph (A), the Di- findings from activities carried out pursuant
institutions of higher education, to improve rector shall submit to Congress and make to research conducted under this subsection,
precollegiate STEM education and engage- widely available to the public a report that with respect to the pursuit of careers and de-
ment; includes— grees in STEM, with those activities carried
(VII) supporting partnerships that offer (i) the results of the evaluation; and out pursuant to other research on serving
hands-on inquiry-based science activities, in- (ii) any recommendations for administra- rural students and communities.
cluding coding, and access to lab resources tive and legislative action that could opti- (B) REPORT ON EVALUATIONS.—Not later
for students studying STEM in prekinder- mize the effectiveness of the grants awarded than 180 days after the completion of the
garten through grade 12 in a rural area; under this subsection. evaluation under subparagraph (A), the Di-
(VIII) evaluating the role of broadband (7) REPORT BY COMMITTEE ON EQUAL OPPOR- rector shall submit to Congress and make
connectivity and its associated impact on TUNITIES IN SCIENCE AND ENGINEERING.—As widely available to the public a report that
the STEM and technology literacy of rural part of the first report required by section includes—
students; 36(e) of the Science and Engineering Equal (i) the results of the evaluation; and
(IX) building capacity to support extra- Opportunities Act (42 U.S.C. 1885c(e)) trans- (ii) any recommendations for administra-
curricular STEM programs in rural schools, mitted to Congress after the date of enact- tive and legislative action that could opti-
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including mentor-led engagement programs, ment of this division, the Committee on mize the effectiveness of the grants awarded
STEM programs held during nonschool Equal Opportunities in Science and Engi- under this subsection.
hours, STEM networks, makerspaces, coding neering shall include— (5) COORDINATION.—In carrying out this
activities, and competitions; and (A) a description of past and present poli- subsection, the Director shall, for purposes
(X) any other activity the Director deter- cies and activities of the Foundation to en- of enhancing program effectiveness and
mines will accomplish the goals of this para- courage full participation of students in avoiding duplication of activities, consult,
graph. rural communities in science, mathematics, cooperate, and coordinate with the programs
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S1322 CONGRESSIONAL RECORD — SENATE March 22, 2022
and policies of other relevant Federal agen- ondary Education Act of 1965 (20 U.S.C. (b) QUANTUM NETWORKING WORKING GROUP
cies. 7801)), community colleges, and area career REPORT ON QUANTUM NETWORKING AND COM-
(d) NATIONAL ACADEMIES OF SCIENCES, EN- and technical education schools, including MUNICATIONS.—
GINEERING, AND MEDICINE EVALUATION.— those in underserved and rural commu- (1) REPORT.—Not later than 3 years after
(1) STUDY.—Not later than 12 months after nities,’’; and the date of the enactment of this division,
the date of enactment of this division, the (ii) in paragraph (7)— the Quantum Networking Working Group
Director shall enter into an agreement with (I) by striking ‘‘and local colleges’’ and in- within the Subcommittee on Quantum Infor-
the National Academies of Sciences, Engi- serting the following: ‘‘local high schools mation Science of the National Science and
neering, and Medicine under which the Na- and local colleges, including those in under- Technology Council shall submit to the ap-
tional Academies agree to conduct an eval- served and rural communities,’’; and propriate committees of Congress a report
uation and assessment that— (II) by inserting ‘‘or other applied learning detailing a plan for the advancement of
(A) evaluates the quality and quantity of opportunities’’ after ‘‘apprenticeships’’; and quantum networking and communications
current Federal programming and research (B) in subsection (d)(3), by striking ‘‘, com- technology in the United States, building on
directed at examining STEM education for munity colleges, and area career and tech- A Strategic Vision for America’s Quantum
students in prekindergarten through grade 12 nical education schools,’’ and inserting the Networks and A Coordinated Approach for
and workforce development in rural areas; following: ‘‘and local high schools, commu- Quantum Networking Research.
(B) in coordination with the Federal Com- nity colleges, and area career and technical (2) REQUIREMENTS.—The report under para-
munications Commission, assesses the im- graph (1) shall include—
education schools, including those in under-
pact that the scarcity of broadband (A) a framework for interagency collabora-
served and rural communities,’’.
connectivity in rural communities, and the tion on the advancement of quantum net-
(2) RURAL CONNECTIVITY PRIZE COMPETI-
affordability of broadband connectivity, working and communications research;
TION.—
have on STEM and technical literacy for stu- (B) a plan for interagency collaboration on
(A) PRIZE COMPETITION.—Pursuant to sec-
dents in prekindergarten through grade 12 in the development and drafting of inter-
tion 24 of the Stevenson-Wydler Technology national standards for quantum communica-
rural areas;
Innovation Act of 1980 (15 U.S.C. 3719), the tions technology, including standards relat-
(C) assesses the core research and data
Secretary of Commerce shall carry out a pro- ing to—
needed to understand the challenges rural
gram to award prizes competitively to stim- (i) quantum cryptography and post-quan-
areas are facing in providing quality STEM
ulate research and development of creative tum classical cryptography;
education and workforce development;
technologies to support the deployment of (ii) network security;
(D) makes recommendations for action at
affordable and reliable broadband (iii) quantum network infrastructure;
the Federal, State, and local levels for im-
connectivity in rural communities, including (iv) transmission of quantum information
proving STEM education, including online
STEM education, for students in prekinder- unserved rural communities. through optical fiber networks; and
garten through grade 12 and workforce devel- (B) PLAN FOR DEPLOYMENT IN RURAL COMMU- (v) any other technologies considered ap-
NITIES.—Each proposal submitted pursuant propriate by the Working Group;
opment in rural areas; and
(E) makes recommendations to inform the to subparagraph (A) shall include a proposed (C) a proposal for the protection of na-
implementation of programs in subsections plan for deployment of the technology that tional security interests relating to the ad-
(a), (b), and (c). is the subject of such proposal. vancement of quantum networking and com-
(2) REPORT TO DIRECTOR.—The agreement (C) PRIZE AMOUNT.—In carrying out the munications technology;
entered into under paragraph (1) shall re- program under subparagraph (A), the Sec- (D) recommendations to Congress for legis-
quire the National Academies of Sciences, retary may award not more than a total of lative action relating to the framework,
Engineering, and Medicine, not later than 24 $5,000,000 to one or more winners of the prize plan, and proposal set forth pursuant to sub-
months after the date of enactment of this competition. paragraphs (A), (B), and (C), respectively;
division, to submit to the Director a report (D) REPORT.—Not later than 60 days after and
on the study conducted under such para- the date on which a prize is awarded under (E) such other matters as the Working
graph, including the National Academies’ the prize competition, the Secretary shall Group considers necessary to advance the se-
findings and recommendations. submit to the relevant committees of Con- curity of communications and network infra-
(e) GAO REVIEW.—Not later than 3 years gress a report that describes the winning structure, remain at the forefront of sci-
after the date of enactment of this division, proposal of the prize competition. entific discovery in the quantum informa-
the Comptroller General of the United States (E) CONSULTATION.—In carrying out the tion science domain, and transition quantum
shall conduct a study on the engagement of program under this paragraph, the Secretary information science research into the emerg-
rural populations in Federal STEM programs shall consult with the Federal Communica- ing quantum technology economy.
and submit to Congress a report that in- tions Commission and the heads of relevant (c) QUANTUM NETWORKING AND COMMUNICA-
cludes— departments and agencies of the Federal TIONS RESEARCH.—
(1) an assessment of how Federal STEM Government. (1) RESEARCH.—The Under Secretary of
education programs are serving rural popu- Commerce for Standards and Technology
SEC. 2211. QUANTUM NETWORK INFRASTRUC- shall carry out research to facilitate the de-
lations; TURE AND WORKFORCE DEVELOP-
(2) a description of initiatives carried out velopment and standardization of quantum
MENT ACT.
by Federal agencies that are targeted at sup- networking and communications tech-
porting STEM education in rural areas; (a) DEFINITIONS.—In this section: nologies and applications, including research
(3) an assessment of what is known about (1) ESEA DEFINITIONS.—The terms ‘‘ele- on the following:
the impact and effectiveness of Federal in- mentary school’’, ‘‘high school’’, ‘‘local edu- (A) Quantum cryptography and post-quan-
vestments in STEM education programs that cational agency’’, and ‘‘secondary school’’ tum classical cryptography.
are targeted to rural areas; and have the meanings given those terms in sec- (B) Quantum repeater technology.
(4) an assessment of challenges that State tion 8101 of the Elementary and Secondary (C) Quantum network traffic management.
and Federal STEM education programs face Education Act of 1965 (20 U.S.C. 7801). (D) Quantum transduction.
in reaching rural population centers. (2) APPROPRIATE COMMITTEES OF CON- (E) Long baseline entanglement and
(f) CAPACITY BUILDING THROUGH EPSCOR.— GRESS.—The term ‘‘appropriate committees teleportation.
Section 517(f)(2) of the America COMPETES of Congress’’ has the meaning given such (F) Such other technologies, processes, or
Reauthorization Act of 2010 (42 U.S.C. 1862p– term in section 2 of the National Quantum applications as the Under Secretary con-
9(f)(2)) is amended— Initiative Act (15 U.S.C. 8801). siders appropriate.
(1) in subparagraph (A), by striking ‘‘and’’ (3) INTERAGENCY WORKING GROUP.—The (2) IMPLEMENTATION.—The Under Secretary
at the end; and term ‘‘Interagency Working Group’’ means shall carry out the research required by
(2) by adding at the end the following: the QIS Workforce Working Group under the paragraph (1) through such divisions, labora-
‘‘(C) to increase the capacity of rural com- Subcommittee on Quantum Information tories, offices and programs of the National
munities to provide quality STEM education Science of the National Science and Tech- Institute of Standards and Technology as the
and STEM workforce development program- nology Council. Under Secretary considers appropriate and
ming to students and teachers; and’’. (4) Q2WORK PROGRAM.—The term ‘‘Q2Work actively engaged in activities relating to
(g) NIST ENGAGEMENT WITH RURAL COMMU- Program’’ means the Q2Work Program sup- quantum information science.
NITIES.— ported by the Foundation. (3) DEVELOPMENT OF STANDARDS.—For
(1) MEP OUTREACH.—Section 25 of the Na- (5) QUANTUM INFORMATION SCIENCE.—The quantum technologies deemed by the Under
tional Institute of Standards and Technology term ‘‘quantum information science’’ has the Secretary to be at a readiness level suffi-
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Act (15 U.S.C. 278k) is amended— meaning given such term in section 2 of the cient for standardization, the Under Sec-
(A) in subsection (c)— National Quantum Initiative Act (15 U.S.C. retary shall provide technical review and as-
(i) in paragraph (6), by striking ‘‘commu- 8801). sistance to such other Federal agencies as
nity colleges and area career and technical (6) STEM.—The term ‘‘STEM’’ has the the Under Secretary considers appropriate
education schools’’ and inserting the fol- meaning given the term in section 2 of the for the development of quantum network in-
lowing: ‘‘secondary schools (as defined in America COMPETES Reauthorization Act of frastructure standards.
section 8101 of the Elementary and Sec- 2010 (42 U.S.C. 6621 note). (4) AUTHORIZATION OF APPROPRIATIONS.—
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1323
(A) IN GENERAL.—There is authorized to be (D) recommendations for the standardiza- of the application period under paragraph
appropriated to the Scientific and Technical tion of key concepts, definitions, and cur- (2)(A)(iii), the Director of the Foundation
Research and Services account of the Na- riculum criteria across government, aca- shall submit to Congress a report on the edu-
tional Institute of Standards and Technology demia, and industry; and cational institutions selected to participate
to carry out this subsection $10,000,000 for (E) materials that specifically address the in the pilot program required under para-
each of fiscal years 2022 through 2026. findings and outcomes of the study con- graph (1), specifying the percentage from
(B) SUPPLEMENT, NOT SUPPLANT.—The ducted under subsection (d) and strategies to nontraditional geographies, including Tribal
amounts authorized to be appropriated under account for the skills and workforce needs or rural school districts.
subparagraph (A) shall supplement and not identified through the study. (B) REPORT ON IMPLEMENTATION OF CUR-
supplant amounts already appropriated to (3) COORDINATION.—In carrying out this RICULUM.—Not later than 2 years after the
the account described in such subparagraph. subsection, the Foundation, including the date of enactment of this division, the Direc-
(d) QUANTUM WORKFORCE EVALUATION AND STEM Education Advisory Panel and the Ad- tor of the Foundation shall submit to Con-
ACCELERATION.— vancing Informal STEM Learning program gress a report on implementation of the cur-
(1) IDENTIFICATION OF GAPS.—The Founda- and through the Foundation’s role in the Na- ricula and materials under the pilot pro-
tion shall enter into an agreement with the tional Q–12 Education Partnership and the gram, including the feasibility and advis-
National Academies of Sciences, Engineer- programs such as the Q2Work Program, shall ability of expanding such pilot program to
ing, and Medicine to conduct a study of ways coordinate with the Office of Science and include additional educational institutions
to support the next generation of quantum Technology Policy, EPSCoR eligible univer- beyond those originally selected to partici-
leaders. sities, and any Federal agencies or working pate in the pilot program.
(2) SCOPE OF STUDY.—In carrying out the groups determined necessary by the Founda- (5) AUTHORIZATION OF APPROPRIATIONS.—
study described in paragraph (1), the Na- tion. There is authorized to be appropriated such
tional Academies of Sciences, Engineering, (4) REVIEW.—In implementing this sub- funds as may be necessary to carry out this
and Medicine shall identify— section, the Foundation shall support the subsection.
(A) education gaps, including foundational community expansion of the related report (6) TERMINATION.—This subsection shall
courses in STEM and areas in need of stand- entitled Key Concepts for Future QIS Learn- cease to have effect on the date that is 3
ardization, in elementary school, middle ers (May 2020). years after the date of the enactment of this
school, high school, and higher education (f) QUANTUM EDUCATION PILOT PROGRAM.— division.
curricula, that need to be rectified in order (1) IN GENERAL.—The Foundation, through
(g) ENERGY SCIENCES NETWORK.—
to prepare students to participate in the the Foundation’s role in the National Q–12
(1) IN GENERAL.—The Secretary of Energy
quantum workforce; Education Partnership and programs such as
(referred to in this subsection as the Sec-
(B) the skills and workforce needs of indus- Q2Work Program, and in coordination with
retary), in coordination with the National
try, specifically identifying the cross-dis- the Directorate for Education and Human
Science Foundation and the National Aero-
ciplinary academic degrees or academic Resources, shall carry out a pilot program,
nautics and Space Administration, shall sup-
courses necessary— to be known as the Next Generation Quan-
plement the Energy Sciences Network User
(i) to qualify students for multiple career tum Leaders Pilot Program, to provide fund-
Facility (referred to in this subsection as the
pathways in quantum information sciences ing for the education and training of the
and related fields; next generation of students in the funda- Network) with dedicated quantum network
(ii) to ensure the United States is competi- mental principles of quantum mechanics. infrastructure to advance development of
tive in the field of quantum information (2) REQUIREMENTS.— quantum networking and communications
science while preserving national security; (A) IN GENERAL.—In carrying out the pilot technology.
and program required by paragraph (1), the Foun- (2) PURPOSE.—The purpose of paragraph (1)
(iii) to support the development of quan- dation shall— is to utilize the Network to advance a broad
tum applications; and (i) publish a call for applications through range of testing and research, including re-
(C) the resources and materials needed to the National Q–12 Education Partnership lating to—
train elementary, middle, and high school website (or similar website) for participation (A) the establishment of stable, long-base-
educators to effectively teach curricula rel- in the pilot program from elementary line quantum entanglement and
evant to the development of a quantum schools, secondary schools, and State edu- teleportation;
workforce. cational agencies as determined appropriate (B) quantum repeater technologies for
(3) REPORTS.— by the Foundation; long-baseline communication purposes;
(A) EXECUTIVE SUMMARY.—Not later than 2 (ii) coordinate with educational service (C) quantum transduction;
years after the date of enactment of this di- agencies, associations that support STEM (D) the coexistence of quantum and clas-
vision, the National Academies of Science, educators or local educational agencies, and sical information;
Engineering, and Medicine shall prepare and partnerships through the Q–12 Education (E) multiplexing, forward error correction,
submit to the Foundation, and programs or Partnership, to encourage elementary wavelength routing algorithms, and other
projects funded by the Foundation, an execu- schools, secondary schools, and State edu- quantum networking infrastructure; and
tive summary of progress regarding the cational agencies to participate in the pro- (F) any other technologies or applications
study conducted under paragraph (1) that gram as determined appropriate by the determined necessary by the Secretary.
outlines the findings of the Academies as of Foundation; (3) AUTHORIZATION OF APPROPRIATIONS.—
such date. (iii) accept applications in advance of the There are authorized to be appropriated to
(B) REPORT.—Not later than 3 years after academic year in which the program shall the Secretary to carry out this subsection,
the date of enactment of this division, the begin; and $10,000,000 for each of fiscal years 2022
National Academies of Science, Engineering, (iv) select elementary schools, secondary through 2026.
and Medicine shall prepare and submit a re- schools, and State educational agencies to SEC. 2212. SUPPORTING EARLY-CAREER RE-
port containing the results of the study con- participate in the program, as determined SEARCHERS ACT.
ducted under paragraph (1) to Congress, the appropriate by the Foundation, in accord- (a) SHORT TITLE.—This section may be
Foundation, and programs or projects funded ance with qualifications determined by the cited as the ‘‘Supporting Early-Career Re-
by the Foundation that are relevant to the QIS Workforce Working Group, in coordina- searchers Act’’.
acceleration of a quantum workforce. tion with the National Q–12 Education Part- (b) IN GENERAL.—The Director may estab-
(e) INCORPORATING QISE INTO STEM CUR- nership. lish a 2-year pilot program to award grants
RICULUM.— (B) PRIORITIZATION.—In selecting program to highly qualified early-career investigators
(1) IN GENERAL.—The Foundation shall, participants under subparagraph (A)(iv), the to carry out an independent research pro-
through programs carried out or supported Director of the Foundation shall give pri- gram at the institution of higher education
by the Foundation, prioritize the better inte- ority to elementary schools, secondary or participating Federal research facility
gration of quantum information science and schools, and local educational agencies lo- chosen by such investigator, to last for a pe-
engineering (referred to in this subsection as cated in jurisdictions eligible to participate riod not greater than 2 years.
QISE) into the STEM curriculum for each in the Established Program to Stimulate (c) PRIORITY FOR BROADENING PARTICIPA-
grade level from kindergarten through grade Competitive Research (commonly known as TION.—In awarding grants under this section,
12, and community colleges. EPSCoR), including Tribal and rural elemen- the Director shall give priority to—
(2) REQUIREMENTS.—The curriculum inte- tary, middle, and high schools in such juris- (1) early-career investigators who are from
gration under paragraph (1) shall include— dictions. groups that are underrepresented in science,
(A) methods to conceptualize QISE for ele- (3) CONSULTATION.—The Foundation shall technology, engineering, and mathematics
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mentary, middle, and high school curricula; carry out this subsection in consultation research;
(B) methods for strengthening with the QIS Workforce Working Group and (2) early-career investigators who choose
foundational mathematics and science cur- the Advancing Informal STEM Learning Pro- to carry out independent research at a mi-
ricula; gram. nority-serving institution (or an institution
(C) age-appropriate materials that apply (4) REPORTING.— of higher education with an established
the principles of quantum information (A) REPORT AND SELECTED PARTICIPANTS.— STEM capacity building program focused on
science in STEM fields; Not later than 90 days following the closing traditionally underrepresented populations
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S1324 CONGRESSIONAL RECORD — SENATE March 22, 2022
in STEM, including Native Hawaiians, Alas- digital agriculture technologies in rural and (i) Federal research, development, and de-
ka Natives, and Indians); and remote areas; ployment efforts to optimize methods for ex-
(3) early-career investigators in a jurisdic- (D) aerial imagery generated by satellites tractions, concentration, separation, and pu-
tion eligible to participate under section 113 or unmanned aerial vehicles; rification of conventional, secondary, and
of the National Science Foundation Author- (E) ground-based robotics; unconventional sources of critical minerals;
ization Act of 1988 (42 U.S.C. 1862g). (F) control systems design and (ii) efficient use and reuse of critical min-
(d) REPORTS FROM GRANTEES.—Not later connectivity, such as smart irrigation con- erals;
than 180 days after the end of the pilot pro- trol systems; and (iii) the critical minerals workforce of the
gram under this section, each early-career (G) data management software and ad- United States; and
investigator who receives a grant under the vanced analytics that can assist decision (iv) United States private industry invest-
pilot program shall submit a report to the making and improve agricultural outcomes; ments in innovation and technology transfer
Director that describes how the early-career and from federally funded science and tech-
investigator used the grant funds. (2) a review of Federal programs that pro- nology;
(e) REPORT TO CONGRESS.—Not later than vide support for precision agriculture re- (B) to identify emerging opportunities,
180 days after the deadline for the submis- search, development, adoption, education, or stimulate international cooperation, and fos-
sion of the reports described in subsection training, in existence on the date of enact- ter the development of secure and reliable
(d), the Director shall submit a report to the ment of this section. supply chains of critical minerals;
Committee on Commerce, Science, and (C) to ensure the transparency of informa-
SEC. 2214. CRITICAL MINERALS MINING RE-
Transportation of the Senate and the Com- SEARCH. tion and data related to critical minerals;
mittee on Science, Space, and Technology of and
(a) CRITICAL MINERALS MINING RESEARCH
the House of Representatives that contains a (D) to provide recommendations on coordi-
AND DEVELOPMENT AT THE FOUNDATION.—
summary of the uses of grant funds under nation and collaboration among the re-
(1) IN GENERAL.—In order to support supply
this section and the impact of the pilot pro- search, development, and deployment pro-
chain resiliency, the Director shall issue
gram under this section. grams and activities of Federal agencies to
awards, on a competitive basis, to institu-
SEC. 2213. ADVANCING PRECISION AGRICULTURE promote a secure and reliable supply of crit-
tions of higher education or nonprofit orga-
CAPABILITIES ACT. ical minerals necessary to maintain national
nizations (or consortia of such institutions
(a) SHORT TITLE.—This section may be security, economic well-being, and industrial
or organizations) to support basic research
cited as the ‘‘Advancing IoT for Precision production.
that will accelerate innovation to advance
Agriculture Act of 2021’’. (3) RESPONSIBILITIES.—In carrying out
(b) PURPOSE.—It is the purpose of this sec- critical minerals mining strategies and tech- paragraphs (1) and (2), the Subcommittee
tion to promote scientific research and de- nologies for the purpose of making better use may, taking into account the findings and
velopment opportunities for connected tech- of domestic resources and eliminating na- recommendations of relevant advisory com-
nologies that advance precision agriculture tional reliance on minerals and mineral ma- mittees—
capabilities. terials that are subject to supply disrup- (A) provide recommendations on how Fed-
(c) FOUNDATION DIRECTIVE ON AGRICUL- tions. eral agencies may improve the topographic,
TURAL SENSOR RESEARCH.—In awarding (2) USE OF FUNDS.—Activities funded by an geologic, and geophysical mapping of the
grants under the sensor systems and award under this section may include— United States and improve the
networked systems programs of the Founda- (A) advancing mining research and devel- discoverability, accessibility, and usability
tion, the Director shall include in consider- opment activities to develop new mapping of the resulting and existing data, to the ex-
ation of portfolio balance research and devel- and mining technologies and techniques, in- tent permitted by law and subject to appro-
opment on sensor connectivity in environ- cluding advanced critical mineral extraction priate limitation for purposes of privacy and
ments of intermittent connectivity and and production, to improve existing or to de- security;
intermittent computation— velop new supply chains of critical minerals, (B) assess the progress toward developing
(1) to improve the reliable use of advance and to yield more efficient, economical, and critical minerals recycling and reprocessing
sensing systems in rural and agricultural environmentally benign mining practices; technologies, and technological alternatives
areas; and (B) advancing critical mineral processing to critical minerals;
(2) that considers— research activities to improve separation, (C) examine options for accessing and de-
(A) direct gateway access for locally stored alloying, manufacturing, or recycling tech- veloping critical minerals through invest-
data; niques and technologies that can decrease ment and trade with allies and partners of
(B) attenuation of signal transmission; the energy intensity, waste, potential envi- the United States and provide recommenda-
(C) loss of signal transmission; and ronmental impact, and costs of those activi- tions;
(D) at-scale performance for wireless ties; (D) evaluate and provide recommendations
power. (C) conducting long-term earth observa- to incentivize the development and use of ad-
(d) UPDATING CONSIDERATIONS FOR PRECI- tion of reclaimed mine sites, including the vances in science and technology in the pri-
SION AGRICULTURE TECHNOLOGY WITHIN THE study of the evolution of microbial diversity vate industry;
NSF ADVANCED TECHNICAL EDUCATION PRO- at such sites; (E) assess the need for and make rec-
GRAM.—Section 3 of the Scientific and Ad- (D) examining the application of artificial ommendations to address the challenges the
vanced-Technology Act of 1992 (42 U.S.C. intelligence for geological exploration of United States critical minerals supply chain
1862i), as amended by section 2205, is further critical minerals, including what size and di- workforce faces, including—
amended— versity of data sets would be required; (i) aging and retiring personnel and fac-
(1) in subsection (d)(2), by adding at the (E) examining the application of machine ulty;
end the following: learning for detection and sorting of critical (ii) public perceptions about the nature of
‘‘(G) applications that incorporate distance minerals, including what size and diversity mining and mineral processing; and
learning tools and approaches.’’; and of data sets would be required; (iii) foreign competition for United States
(2) in subsection (e)(3)— (F) conducting detailed isotope studies of talent;
(A) in subparagraph (C), by striking ‘‘and’’ critical minerals and the development of (F) develop, and update as necessary, a
after the semicolon; more refined geologic models; or strategic plan to guide Federal programs and
(B) in subparagraph (D), by striking the pe- (G) providing training and research oppor- activities to enhance—
riod at the end and inserting ‘‘; and’’; and tunities to undergraduate and graduate stu- (i) scientific and technical capabilities
(C) by adding at the end the following: dents to prepare the next generation of min- across critical mineral supply chains, includ-
‘‘(E) applications that incorporate distance ing engineers and researchers. ing a roadmap that identifies key research
learning tools and approaches.’’. (b) CRITICAL MINERALS INTERAGENCY SUB- and development needs and coordinates on-
(e) GAO REVIEW.—Not later than 18 months COMMITTEE.— going activities for source diversification,
after the date of enactment of this section, (1) IN GENERAL.—In order to support supply more efficient use, recycling, and substi-
the Comptroller General of the United States chain resiliency, the Critical Minerals Sub- tution for critical minerals; and
shall provide— committee of the National Science and Tech- (ii) cross-cutting mining science, data
(1) a technology assessment of precision nology Council (referred to in this subsection science techniques, materials science, manu-
agriculture technologies, such as the exist- as the Subcommittee) shall coordinate Fed- facturing science and engineering, computa-
ing use of— eral science and technology efforts to ensure tional modeling, and environmental health
(A) sensors, scanners, radio-frequency iden- secure and reliable supplies of critical min- and safety research and development; and
tification, and related technologies that can erals to the United States. (G) report to the appropriate committees
ctelli on DSK11ZRN23PROD with SENATE
monitor soil properties, irrigation condi- (2) PURPOSES.—The purposes of the Sub- of Congress on activities and findings under
tions, and plant physiology; committee shall be— this subsection.
(B) sensors, scanners, radio-frequency iden- (A) to advise and assist the Committee on (4) MANDATORY RESPONSIBILITIES.—In car-
tification, and related technologies that can Homeland and National Security and the Na- rying out paragraphs (1) and (2), the Sub-
monitor livestock activity and health; tional Science and Technology Council on committee shall, taking into account the
(C) network connectivity and wireless United States policies, procedures, and plans findings and recommendations of the rel-
communications that can securely support as it relates to critical minerals, including— evant advisory committees, identify and
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1325
evaluate Federal policies and regulations (1) maintain or develop and implement search and investment follows policies of re-
that restrict the mining of critical minerals. policies for individuals described in para- sponsible innovation and fosters public
(c) GRANT PROGRAM FOR DEVELOPMENT OF graph (1)(B) of such subsection; and transparency.
CRITICAL MINERALS AND METALS.— (2) broadly disseminate such policies to (6) The Federal Government can play an
(1) ESTABLISHMENT.—The Secretary of current and potential awardees. important role by facilitating the develop-
Commerce, in consultation with the Director (d) DATA ON USAGE.—Federal science agen- ment of tools and technologies to further ad-
and the Secretary of the Interior, shall es- cies shall consider— vance engineering biology, including user fa-
tablish a grant program to finance pilot (1) collecting data on the usage of the poli- cilities, by facilitating public-private part-
projects for the development of critical min- cies under subsection (c), at both institu- nerships, by supporting risk research, and by
erals and metals in the United States. tions of higher education and Federal labora- facilitating the commercial application in
(2) LIMITATION ON GRANT AWARDS.—A grant tories; and the United States of research funded by the
awarded under paragraph (1) may not exceed (2) reporting such data on an annual basis Federal Government.
$10,000,000. to the Director of the Office of Science and (7) The United States led the development
(3) ECONOMIC VIABILITY.—In awarding Technology Policy in such form as required of the science and engineering techniques
grants under paragraph (1), the Secretary of by the Director of the Office of Science and that created the field of engineering biology,
Commerce shall give priority to projects Technology Policy. but due to increasing international competi-
that the Secretary of Commerce determines (e) SAVINGS.— tion, the United States is at risk of losing its
are likely to be economically viable over the (1) PRIVACY.—This section shall be carried
competitive advantage if it does not strate-
long term. out in accordance with all relevant privacy
gically invest the necessary resources.
(4) SECONDARY RECOVERY.—In awarding laws.
(8) A National Engineering Biology Initia-
grants under paragraph (1), the Secretary of (2) INSTITUTIONS.—This section shall not af-
tive can serve to establish new research di-
Commerce shall seek to award not less than fect the grantee institution’s institutional
rections and technology goals, improve
30 percent of the total amount of grants policies.
(f) DEFINITION OF FEDERAL SCIENCE AGEN- interagency coordination and planning proc-
awarded during the fiscal year for projects esses, drive technology transfer to the pri-
relating to secondary recovery of critical CY.—In this section, the term ‘‘Federal
science agency’’ means any Federal agency vate sector, and help ensure optimal returns
minerals and metals.
with an annual extramural research expendi- on the Federal investment.
(5) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to the ture of over $100,000,000. (c) DEFINITIONS.—In this section:
Secretary of Commerce $100,000,000 for each SEC. 2216. PRESIDENTIAL AWARDS. (1) BIOMANUFACTURING.—The term ‘‘bio-
of fiscal years 2021 through 2024 to carry out (a) IN GENERAL.—The President is author- manufacturing’’ means the utilization of bio-
the grant program established under para- ized to make Presidential Awards for Excel- logical systems to develop new and advance
graph (1). lence in Technology and Science Research to existing products, tools, and processes at
(d) DEFINITIONS.—In this section: researchers in underrepresented populations, commercial scale.
(1) CRITICAL MINERAL; CRITICAL MINERAL OR including women and underrepresented mi- (2) ENGINEERING BIOLOGY.—The term ‘‘engi-
METAL.—The terms ‘‘critical mineral’’ and norities, who have demonstrated outstanding neering biology’’ means the application of
‘‘critical mineral or metal’’ include any host achievements in technology or science re- engineering design principles and practices
mineral of a critical mineral (within the search. to biological systems, including molecular
meaning of those terms in section 7002 of (b) NUMBER AND DISTRIBUTION OF AWARD and cellular systems, to advance funda-
title VII of division Z of the Consolidated RECIPIENTS.—If the President elects to make mental understanding of complex natural
Appropriations Act, 2021 (Public Law 116– Presidential Awards for Excellence in Tech- systems and to enable novel or optimize
260)). nology and Science Research under sub- functions and capabilities.
(2) SECONDARY RECOVERY.—The term ‘‘sec- section (a), the President shall make no (3) INITIATIVE.—The term ‘‘Initiative’’
ondary recovery’’ means the recovery of crit- fewer than 104 Awards. In selecting research- means the National Engineering Biology Re-
ical minerals and metals from discarded end- ers for the Awards, the President shall select search and Development Initiative estab-
use products or from waste products pro- at least 2 researchers— lished under subsection (d).
duced during the metal refining and manu- (1) from each of the States; (4) OMICS.—The term ‘‘omics’’ refers to the
facturing process, including from mine waste (2) from the District of Columbia; and collective technologies used to explore the
piles, acid mine drainage sludge, or byprod- (3) from the Commonwealth of Puerto roles, relationships, and actions of the var-
ucts produced through legacy mining and Rico. ious types of molecules that make up the
metallurgy activities. (c) SELECTION PROCEDURES.—The President cells of an organism.
shall carry out this section, including the es-
SEC. 2215. CAREGIVER POLICIES. (d) NATIONAL ENGINEERING BIOLOGY RE-
tablishment of the selection procedures,
(a) OSTP GUIDANCE.—Not later than 6 after consultation with the Director of the SEARCH AND DEVELOPMENT INITIATIVE.—
months after the date of enactment of this Office of Science and Technology Policy and (1) IN GENERAL.—The President, acting
division, the Director of the Office of Science other appropriate officials of Federal agen- through the Office of Science and Tech-
and Technology Policy, in consultation with cies. nology Policy, shall implement a National
relevant agencies, shall provide guidance to SEC. 2217. BIOECONOMY RESEARCH AND DEVEL-
Engineering Biology Research and Develop-
each Federal science agency to establish OPMENT ACT OF 2021. ment Initiative to advance societal well-
policies that— (a) SHORT TITLE.—This section may be being, national security, sustainability, and
(1) apply to all— cited as the ‘‘Bioeconomy Research and De- economic productivity and competitiveness
(A) research awards granted by such agen- velopment Act of 2021’’. through—
cy; and (b) FINDINGS.—The Congress makes the fol- (A) advancing areas of research at the
(B) principal investigators of such research lowing findings: intersection of the biological, physical,
who have caregiving responsibilities, includ- (1) Cellular and molecular processes may chemical, data, and computational sciences
ing care for a newborn or newly adopted be used, mimicked, or redesigned to develop and engineering to accelerate scientific un-
child and care for an immediate family mem- new products, processes, and systems that derstanding and technological innovation in
ber with a serious health condition; and improve societal well-being, strengthen na- engineering biology;
(2) offer, to the extent feasible— tional security, and contribute to the econ- (B) advancing areas of biomanufacturing
(A) flexibility in timing for the initiation omy. research to optimize, standardize, scale, and
of approved research awards granted by such (2) Engineering biology relies on a work- deliver new products and solutions;
agency; force with a diverse and unique set of skills (C) supporting social and behavioral
(B) no-cost extensions of such research combining the biological, physical, chemical, sciences and economics research that ad-
awards; and and information sciences and engineering. vances the field of engineering biology and
(C) grant supplements, as appropriate, to (3) Long-term research and development is contributes to the development and public
research awards to sustain research activi- necessary to create breakthroughs in engi- understanding of new products, processes,
ties conducted under such awards. neering biology. Such research and develop- and technologies;
(b) UNIFORMITY OF GUIDANCE.—In providing ment requires government investment, as (D) improving the understanding of engi-
guidance under subsection (a), the Director many of the benefits are too distant or un- neering biology of the scientific and lay pub-
of the Office of Science and Technology Pol- certain for industry to support alone. lic and supporting greater evidence-based
icy shall encourage, to the extent prac- (4) Research is necessary to inform evi- public discourse about its benefits and risks;
ctelli on DSK11ZRN23PROD with SENATE
ticable, uniformity and consistency in the dence-based governance of engineering biol- (E) supporting research relating to the
policies established pursuant to such guid- ogy and to support the growth of the engi- risks and benefits of engineering biology, in-
ance across all Federal science agencies. neering biology industry. cluding under paragraph (4);
(c) ESTABLISHMENT OF POLICIES.—To the (5) The Federal Government has an obliga- (F) supporting the development of novel
extent practicable and consistent with guid- tion to ensure that ethical, legal, environ- tools and technologies to accelerate sci-
ance issued under subsection (a), Federal mental, safety, security, and societal impli- entific understanding and technological in-
science agencies shall— cations of its science and technology re- novation in engineering biology;
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S1326 CONGRESSIONAL RECORD — SENATE March 22, 2022
(G) expanding the number of researchers, (F) activities to accelerate the translation Administration, the National Oceanic and
educators, and students and a retooled work- and commercialization of new products, Atmospheric Administration, the National
force with engineering biology training, in- processes, and technologies by— Institute of Standards and Technology, the
cluding from traditionally underrepresented (i) identifying precompetitive research op- Environmental Protection Agency, the De-
and underserved populations; portunities; partment of Agriculture, the Department of
(H) accelerating the translation and com- (ii) facilitating public-private partnerships Health and Human Services, the Bureau of
mercialization of engineering biology re- in engineering biology research and develop- Economic Analysis, and any other agency
search and development by the private sec- ment; that the President considers appropriate (in
tor; and (iii) connecting researchers, graduate stu- this section referred to as the Interagency
(I) improving the interagency planning and dents, and postdoctoral fellows with entre- Committee). The Director of the Office of
coordination of Federal Government activi- preneurship education and training opportu- Science and Technology Policy shall select
ties related to engineering biology. nities; and an additional co-chairperson from among the
(2) INITIATIVE ACTIVITIES.—The activities of (iv) supporting proof of concept activities members of the Interagency Committee. The
the Initiative shall include— and the formation of startup companies in- Interagency Committee shall oversee the
(A) sustained support for engineering biol- cluding through programs such as the Small planning, management, and coordination of
ogy research and development through— Business Innovation Research Program and the Initiative. The Interagency Committee
(i) grants to fund the work of individual in- the Small Business Technology Transfer shall—
vestigators and teams of investigators, in- Program. (A) provide for interagency coordination of
(3) EXPANDING PARTICIPATION.—The Initia-
cluding interdisciplinary teams; Federal engineering biology research, devel-
tive shall include, to the maximum extent
(ii) projects funded under joint solicita- opment, and other activities undertaken pur-
practicable, outreach to primarily under-
tions by a collaboration of no fewer than two suant to the Initiative;
graduate and minority-serving institutions
agencies participating in the Initiative; and (B) establish and periodically update goals
(and institutions of higher education with an
(iii) interdisciplinary research centers that and priorities for the Initiative;
established STEM capacity building program
are organized to investigate basic research (C) develop, not later than 12 months after
focused on traditionally underrepresented
questions, carry out technology development the date of the enactment of this division,
populations in STEM, including Native Ha-
and demonstration activities, and increase waiians, Alaska Natives, and Indians) about and update every 3 years thereafter, a stra-
understanding of how to scale up engineering Initiative opportunities, and shall encourage tegic plan submitted to the Committee on
biology processes, including biomanufac- the development of research collaborations Science, Space, and Technology and the
turing; between research-intensive universities and Committee on Energy and Commerce of the
(B) sustained support for databases and re- primarily undergraduate and minority-serv- House of Representatives and the Committee
lated tools, including— ing institutions (and institutions of higher on Commerce, Science, and Transportation
(i) support for curated genomics, education with an established STEM capac- and the Committee on Health, Education,
epigenomics, and other relevant omics data- ity building program focused on tradition- Labor, and Pensions of the Senate that—
bases, including plant and microbial data- ally underrepresented populations in STEM, (i) guides the activities of the Initiative for
bases, that are available to researchers to including Native Hawaiians, Alaska Natives, purposes of meeting the goals and priorities
carry out engineering biology research in a and Indians). established under (and updated pursuant to)
manner that does not compromise national (4) ETHICAL, LEGAL, ENVIRONMENTAL, SAFE- subparagraph (B); and
security or the privacy or security of infor- TY, SECURITY, AND SOCIETAL ISSUES.—Initia- (ii) describes—
mation within such databases; tive activities shall take into account eth- (I) the Initiative’s support for long-term
(ii) development of standards for such ical, legal, environmental, safety, security, funding for interdisciplinary engineering bi-
databases, including for curation, interoper- and other appropriate societal issues by— ology research and development;
ability, and protection of privacy and secu- (A) supporting research, including in the (II) the Initiative’s support for education
rity; social sciences, and other activities address- and public outreach activities;
(iii) support for the development of com- ing ethical, legal, environmental, and other (III) the Initiative’s support for research
putational tools, including artificial intel- appropriate societal issues related to engi- and other activities on ethical, legal, envi-
ligence tools, that can accelerate research neering biology, including integrating re- ronmental, safety, security, and other appro-
and innovation using such databases; and search on such topics with the research and priate societal issues related to engineering
(iv) an inventory and assessment of all development in engineering biology, and en- biology including—
Federal government omics databases to iden- couraging the dissemination of the results of (aa) an applied biorisk management re-
tify opportunities to improve the utility of such research, including through inter- search plan;
such databases, as appropriate and in a man- disciplinary engineering biology research (bb) recommendations for integrating secu-
ner that does not compromise national secu- centers described in paragraph (2)(A)(iii); rity into biological data access and inter-
rity or the privacy and security of informa- (B) supporting research and other activi- national reciprocity agreements;
tion within such databases, and inform in- ties related to the safety and security impli- (cc) recommendations for manufacturing
vestment in such databases as critical infra- cations of engineering biology, including restructuring to support engineering biology
structure for the engineering biology re- outreach to increase awareness among Fed- research, development, and scaling-up initia-
search enterprise; eral researchers and Federally-funded re- tives; and
(C) sustained support for the development, searchers at institutions of higher education (dd) an evaluation of existing biosecurity
optimization, and validation of novel tools about potential safety and security implica- governance policies, guidance, and directives
and technologies to enable the dynamic tions of engineering biology research, as ap- for the purposes of creating an adaptable,
study of molecular processes in situ, includ- propriate; evidence-based framework to respond to
ing through— (C) ensuring that input from Federal and emerging biosecurity challenges created by
(i) research conducted at Federal labora- non-Federal experts on the ethical, legal, en- advances in engineering biology;
tories; vironmental, safety, security, and other ap- (IV) how the Initiative will contribute to
(ii) grants to fund the work of investiga- propriate societal issues related to engineer- moving results out of the laboratory and
tors at institutions of higher education and ing biology is integrated into the Initiative; into application for the benefit of society
other nonprofit research institutions; (D) ensuring, through the agencies and de- and United States competitiveness; and
(iii) incentivized development of retooled partments that participate in the Initiative, (V) how the Initiative will measure and
industrial sites across the country that fos- that public input and outreach are inte- track the contributions of engineering biol-
ter a pivot to modernized engineering biol- grated into the Initiative by the convening ogy to United States economic growth and
ogy initiatives; and of regular and ongoing public discussions other societal indicators;
(iv) awards under the Small Business Inno- through mechanisms such as workshops, (D) develop a national genomic sequencing
vation Research Program and the Small consensus conferences, and educational strategy to ensure engineering biology re-
Business Technology Transfer Program, as events, as appropriate; and search fully leverages plant, animal, and mi-
described in section 9 of the Small Business (E) complying with all applicable provi- crobe biodiversity, as appropriate and in a
Act (15 U.S.C. 638); sions of Federal law. manner that does not compromise national
(D) support for education and training of (e) INITIATIVE COORDINATION.— security or the privacy or security of human
undergraduate and graduate students in en- (1) INTERAGENCY COMMITTEE.—The Presi- genetic information, to enhance long-term
gineering biology, biomanufacturing, bio- dent, acting through the Office of Science innovation and competitiveness in engineer-
process engineering, and computational and Technology Policy, shall designate an ing biology in the United States;
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science applied to engineering biology and in interagency committee to coordinate activi- (E) develop a plan to utilize Federal pro-
the related ethical, legal, environmental, ties of the Initiative as appropriate, which grams, such as the Small Business Innova-
safety, security, and other societal domains; shall be co-chaired by the Office of Science tion Research Program and the Small Busi-
(E) activities to develop robust mecha- and Technology Policy, and include rep- ness Technology Transfer Program as de-
nisms for documenting and quantifying the resentatives from the Foundation, the De- scribed in section 9 of the Small Business
outputs and economic benefits of engineer- partment of Energy, the Department of De- Act (15 U.S.C. 638), in support of the activi-
ing biology; and fense, the National Aeronautics and Space ties described in subsection (d)(2)(C); and
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1327
(F) in carrying out this subsection, take (C) TERMINATION.—The Initiative Coordina- biology research and development. The re-
into consideration the recommendations of tion Office established under this paragraph view shall include—
the advisory committee established under shall terminate on the date that is 10 years (A) an assessment of the current research
subsection (f), the results of the workshop after the date of the enactment of this Act. on such issues;
convened under subsection (d)(4)(D), existing (4) RULE OF CONSTRUCTION.—Nothing in this (B) a description of the research gaps relat-
reports on related topics, and the views of subsection shall be construed to alter the ing to such issues;
academic, State, industry, and other appro- policies, processes, or practices of individual (C) recommendations on how the Initiative
priate groups. Federal agencies in effect on the day before can address the research needs identified
(2) TRIENNIAL REPORT.—Beginning with fis- the date of the enactment of this division re- pursuant to subparagraph (B); and
cal year 2022 and ending in fiscal year 2028, lating to the conduct of biomedical research (D) recommendations on how researchers
not later than 90 days after submission of the and advanced development, including the so- engaged in engineering biology can best in-
President’s annual budget request and every licitation and review of extramural research corporate considerations of ethical, legal,
third fiscal year thereafter, the Interagency proposals. environmental, safety, security, and other
Committee shall prepare and submit to the (f) ADVISORY COMMITTEE.— societal issues into the development of re-
Committee on Science, Space, and Tech- (1) IN GENERAL.—The agency co-chair of the search proposals and the conduct of research.
nology of the House of Representatives and interagency committee established in sub- (2) REPORT TO CONGRESS.—The agreement
the Committee on Commerce, Science, and section (e) shall, in consultation with the Of- entered into under paragraph (1) shall re-
Transportation of the Senate a report that fice of Science and Technology Policy, des- quire the National Academies of Sciences,
includes— ignate or establish an advisory committee on Engineering, and Medicine to, not later than
(A) a summarized agency budget in support engineering biology research and develop- 2 years after the date of the enactment of
of the Initiative for the fiscal year to which ment (in this subsection referred to as the this division—
such budget request applies, for the fol- advisory committee) to be composed of not (A) submit to the Committee on Science,
lowing 2 fiscal years, for the then current fis- fewer than 12 members, including representa- Space, and Technology of the House of Rep-
cal year, including a breakout of spending tives of research and academic institutions, resentatives and the Committee on Com-
for each agency participating in the Pro- industry, and nongovernmental entities, who merce, Science, and Transportation of the
gram, and for the development and acquisi- are qualified to provide advice on the Initia- Senate a report containing the findings and
tion of any research facilities and instru- tive. recommendations of the review conducted
mentation; and (2) ASSESSMENT.—The advisory committee under paragraph (1); and
(B) an assessment of how Federal agencies shall assess— (B) make a copy of such report available on
are implementing the plan described in para- (A) the current state of United States com- a publicly accessible website.
graph (1)(C), including— petitiveness in engineering biology, includ- (h) AGENCY ACTIVITIES.—
(i) a description of the amount and number ing the scope and scale of United States in- (1) NATIONAL SCIENCE FOUNDATION.—As part
of awards made under the Small Business In- vestments in engineering biology research of the Initiative, the Foundation shall—
novation Research Program and the Small and development in the international con- (A) support basic research in engineering
Business Technology Transfer Program (as text; biology through individual grants, collabo-
described in section 9 of the Small Business (B) current market barriers to commer- rative grants, and through interdisciplinary
Act (15 U.S.C. 638)) in support of the Initia- cialization of engineering biology products, research centers;
tive; processes, and tools in the United States; (B) support research on the environmental,
(ii) a description of the amount and num- (C) progress made in implementing the Ini- legal, ethical, and social implications of en-
ber of projects funded under joint solicita- tiative; gineering biology;
tions by a collaboration of no fewer than 2 (D) the need to revise the Initiative; (C) provide support for research instrumen-
agencies participating in the Initiative; and (E) the balance of activities and funding tation for engineering biology disciplines, in-
(iii) a description of the effect of the newly across the Initiative; cluding support for research, development,
funded projects by the Initiative. (F) whether the strategic plan developed or optimization and validation of novel tech-
(3) INITIATIVE OFFICE.— updated by the interagency committee es- nologies to enable the dynamic study of mo-
(A) IN GENERAL.—The President shall es- tablished under subsection (e) is helping to lecular processes in situ;
tablish an Initiative Coordination Office, maintain United States leadership in engi- (D) support curriculum development and
with a Director and full-time staff, which neering biology; research experiences for secondary, under-
shall— (G) the management, coordination, imple- graduate, and graduate students in engineer-
(i) provide technical and administrative mentation, and activities of the Initiative; ing biology and biomanufacturing; and
support to the interagency committee and and (E) award grants, on a competitive basis,
the advisory committee established under (H) whether ethical, legal, environmental, to enable institutions to support graduate
subsection (f); safety, security, and other appropriate soci- students and postdoctoral fellows who per-
(ii) serve as the point of contact on Federal etal issues are adequately addressed by the form some of their engineering biology re-
engineering biology activities for govern- Initiative. search in an industry setting.
ment organizations, academia, industry, pro- (3) REPORTS.—Beginning not later than 2 (2) DEPARTMENT OF COMMERCE.—
fessional societies, State governments, inter- years after the date of enactment of this di- (A) NATIONAL INSTITUTE OF STANDARDS AND
ested citizen groups, and others to exchange vision, and not less frequently than once TECHNOLOGY.—As part of the Initiative, the
technical and programmatic information; every 3 years thereafter, the advisory com- Director of the National Institute of Stand-
(iii) oversee interagency coordination of mittee shall submit to the President, the ards and Technology shall—
the Initiative, including by encouraging and Committee on Science, Space, and Tech- (i) establish a bioscience research program
supporting joint agency solicitation and se- nology of the House of Representatives, and to advance the development of standard ref-
lection of applications for funding of activi- the Committee on Commerce, Science, and erence materials and measurements and to
ties under the Initiative, as appropriate; Transportation of the Senate, a report on— create new data tools, techniques, and proc-
(iv) conduct public outreach, including dis- (A) the findings of the advisory commit- esses necessary to advance engineering biol-
semination of findings and recommendations tee’s assessment under paragraph (2); and ogy and biomanufacturing;
of the advisory committee established under (B) the advisory committee’s recommenda- (ii) provide access to user facilities with
subsection (f), as appropriate; tions for ways to improve the Initiative. advanced or unique equipment, services, ma-
(v) serve as the coordinator of ethical, (4) APPLICATION OF FEDERAL ADVISORY COM- terials, and other resources to industry, in-
legal, environmental, safety, security, and MITTEE ACT.—Section 14 of the Federal Advi- stitutions of higher education, nonprofit or-
other appropriate societal input; and sory Committee Act (5 U.S.C. App.) shall not ganizations, and government agencies to per-
(vi) promote access to, and early applica- apply to the advisory committee. form research and testing; and
tion of, the technologies, innovations, and (5) TERMINATION.—The advisory committee (iii) provide technical expertise to inform
expertise derived from Initiative activities established under paragraph (1) shall termi- the potential development of guidelines or
to agency missions and systems across the nate on the date that is 10 years after the safeguards for new products, processes, and
Federal Government, and to United States date of the enactment of this Act. systems of engineering biology.
industry, including startup companies. (g) EXTERNAL REVIEW OF ETHICAL, LEGAL, (B) NATIONAL OCEANIC AND ATMOSPHERIC AD-
(B) FUNDING.—The Director of the Office of ENVIRONMENTAL, SAFETY, SECURITY, AND SO- MINISTRATION.—As part of the initiative, the
Science and Technology Policy, in coordina- CIETAL ISSUES.— Administrator of the National Oceanic and
tion with each participating Federal depart- (1) IN GENERAL.—Not later than 6 months Atmospheric Administration shall—
ment and agency, as appropriate, shall de- after the date of enactment of this division, (i) establish a program to conduct and sup-
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velop and annually update an estimate of the the Director shall seek to enter into an port omics research and associated
funds necessary to carry out the activities of agreement with the National Academies of bioinformatic sciences to increase efficiency
the Initiative Coordination Office and sub- Sciences, Engineering, and Medicine to con- and promote a sustainable bioeconomy (blue
mit such estimate with an agreed summary duct a review, and make recommendations economy) to develop the next generation of
of contributions from each agency to Con- with respect to, the ethical, legal, environ- tools and products to improve ecosystem
gress as part of the President’s annual budg- mental, safety, security, and other appro- stewardship, monitoring, management, as-
et request to Congress. priate societal issues related to engineering sessments, and forecasts; and
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S1328 CONGRESSIONAL RECORD — SENATE March 22, 2022
(ii) collaborate with other agencies to un- (i) RULE OF CONSTRUCTION.—Nothing in this the Foundation prior to awarding such fund-
derstand potential environmental threats section shall be construed to require public ing.
and safeguards relating to engineering biol- disclosure of information that is exempt (b) CHIEF OF RESEARCH SECURITY.—The Di-
ogy. from mandatory disclosure under section 552 rector shall appoint a senior agency official
(3) DEPARTMENT OF ENERGY.—As part of the of title 5, United States Code. within the Office of the Director as a Chief of
Initiative, the Secretary of Energy shall— SEC. 2218. MICROGRAVITY UTILIZATION POLICY. Research Security, whose primary responsi-
(A) conduct and support research, develop- (a) SENSE OF CONGRESS.—It is the sense of bility is to manage the office established in
ment, demonstration, and commercial appli- Congress that space technology and the uti- subsection (a).
cation activities in engineering biology, in- lization of the microgravity environment for (c) REPORT TO CONGRESS.—Not later than
cluding in the areas of synthetic biology, ad- science, engineering, and technology devel- 180 days after the date of enactment of this
vanced biofuel development, biobased mate- opment is critical to long-term competitive- division, the Director shall provide a report
rials, and environmental remediation; ness with near-peer competitors, including on the resources and the number of full-time
(B) support the development, optimization China. employees needed to carry out the functions
and validation of novel, scalable tools and (b) POLICY.—To the greatest extent appro- of the office established in subsection (a) to
technologies to enable the dynamic study of priate, the Foundation shall facilitate access the Committee on Commerce, Science, and
molecular processes in situ; and to the microgravity environment for award- Transportation of the Senate, the Com-
(C) provide access to user facilities with ees of funding from the Foundation, includ- mittee on Appropriations of the Senate, the
advanced or unique equipment, services, ma- ing in private sector platforms, for the devel- Committee on Science, Space, and Tech-
terials, and other resources, including secure opment of science, engineering, and tech- nology of the House of Representatives, and
access to high-performance computing, as nology. the Committee on Appropriations of the
appropriate, to industry, institutions of (c) REPORT.—Not later than 180 days after House of Representatives.
higher education, nonprofit organizations, the date of enactment of this division, the
and government agencies to perform re- (d) ONLINE RESOURCE.—The Director shall
Director shall provide to the appropriate
search and testing. develop an online resource hosted on the
committees of Congress a report on the
(4) DEPARTMENT OF DEFENSE.—As part of Foundation’s publicly accessible website
Foundation’s plan for facilitating awardee
the Initiative, the Secretary of Defense containing up-to-date information, tailored
access to the microgravity environment.
shall— for institutions of higher education and indi-
TITLE III—RESEARCH SECURITY vidual researchers, including—
(A) conduct and support research and de-
velopment in engineering biology and associ- SEC. 2301. NATIONAL SCIENCE FOUNDATION RE- (1) an explanation of Foundation research
SEARCH SECURITY. security policies;
ated data and information sciences;
(B) support curriculum development and (a) RESEARCH SECURITY AND POLICY OF- (2) unclassified guidance on potential secu-
FICE.—The Director shall establish and main- rity risks that threaten research integrity
research experiences in engineering biology
and associated data and information sciences tain a research security and policy office and other risks to the research enterprise;
across the military education system, to in- within the Office of the Director. The func- (3) examples of beneficial international
clude service academies, professional mili- tions of the research security and policy of- collaborations and how such collaborations
tary education, and military graduate edu- fice shall be to coordinate all research secu- differ from foreign government interference
cation; and rity policy issues across the Foundation, in- efforts that threaten research integrity;
(C) assess risks of potential national secu- cluding by— (4) best practices for mitigating security
rity and economic security threats relating (1) serving as a resource at the Foundation risks that threaten research integrity; and
to engineering biology. for all policy issues related to the security (5) additional reference materials, includ-
(5) NATIONAL AERONAUTICS AND SPACE AD- and integrity of the conduct of research sup- ing tools that assist organizations seeking
MINISTRATION.—As part of the Initiative, the ported by the Foundation; Foundation funding and awardees in infor-
National Aeronautics and Space Administra- (2) conducting outreach and education ac- mation disclosure to the Foundation.
tion shall— tivities for awardees on research policies and (e) RESEARCH GRANTS.—The Director shall
(A) conduct and support basic and applied potential security risks; continue to award grants, on a competitive
research in engineering biology, including in (3) educating Foundation program man- basis, to institutions of higher education or
synthetic biology, and related to Earth and agers and other staff on evaluating Founda- nonprofit organizations (or consortia of such
space sciences, aeronautics, space tech- tion awards and awardees for potential secu- institutions or organizations) to support re-
nology, and space exploration and experi- rity risks; search on the conduct of research and the re-
mentation, consistent with the priorities es- (4) communicating reporting and disclo- search environment, including research on
tablished in the National Academies’ decadal sure requirements to awardees and appli- research misconduct, breaches of research
surveys; and cants for funding; integrity, and detrimental research prac-
(B) award grants, on a competitive basis, (5) consulting and coordinating with the tices.
that enable institutions to support graduate Foundation Office of Inspector General and
(f) RESPONSIBLE CONDUCT IN RESEARCH
students and postdoctoral fellows who per- with other Federal science agencies, as ap-
TRAINING.—Section 7009 of the America Cre-
form some of their engineering biology re- propriate, and through the National Science
ating Opportunities to Meaningfully Pro-
search in an industry setting. and Technology Council in accordance with
mote Excellence in Technology, Education,
(6) DEPARTMENT OF AGRICULTURE.—As part the authority provided under section 1746 of
and Science Act (42 U.S.C. 1862o–1) is amend-
of the Initiative, the Secretary of Agri- the National Defense Authorization Act for
ed—
culture shall— Fiscal Year 2020 (Public Law 116–92; 42 U.S.C.
(1) by striking ‘‘and postdoctoral research-
(A) support research and development in 6601 note), to identify and address potential
ers’’ and inserting ‘‘postdoctoral researchers,
engineering biology, including in synthetic security risks that threaten research integ-
faculty, and other senior personnel’’; and
biology and biomaterials; rity and other risks to the research enter-
(2) by inserting before the period at the end
(B) award grants through the National In- prise and to develop research security policy
the following: ‘‘, including training and
stitute of Food and Agriculture; and and best practices;
mentorship to raise awareness of potential
(C) support development conducted by the (6) performing risk assessments, in con-
security threats and of Federal export con-
Agricultural Research Service. sultation, as appropriate, with other Federal
trol, disclosure, and reporting require-
(7) ENVIRONMENTAL PROTECTION AGENCY.— agencies, of Foundation proposals and
ments’’.
As part of the Initiative, the Environmental awards using analytical tools to assess non-
Protection Agency shall support research on disclosures of required information that (g) FUNDING.—From any amounts appro-
how products, processes, and systems of en- could indicate breaches of research integrity priated for the Foundation for each of fiscal
gineering biology will affect or can protect or potentially fraudulent activity that would years 2022 through 2026, the Director shall al-
the environment. be referred to the Foundation Office of In- locate $5,000,000 to carry out this section for
(8) DEPARTMENT OF HEALTH AND HUMAN spector General; each such year.
SERVICES.—As part of the Initiative, the Sec- (7) establishing policies and procedures for SEC. 2302. RESEARCH SECURITY AND INTEGRITY
retary of Health and Human Services, as ap- safeguarding sensitive research information INFORMATION SHARING ANALYSIS
ORGANIZATION.
propriate and consistent with activities of and technology, working in consultation, as
the Department of Health and Human Serv- appropriate, with other Federal agencies, to (a) ESTABLISHMENT.—The Director of the
ices in effect on the day before the date of ensure compliance with National Security Office of Science and Technology Policy
the enactment of this division, shall— Presidential Memorandum–33 (relating to shall enter into an agreement with a quali-
(A) support research and development to strengthening protections of United States fied independent organization to establish a
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advance the understanding and application Government-supported research and develop- research security and integrity information
of engineering biology for human health; ment against foreign government inter- sharing analysis organization (referred to in
(B) support relevant interdisciplinary re- ference and exploitation) or a successor pol- this section as the ‘‘RSI–ISAO’’), which shall
search and coordination; and icy document; and include members described in subsection (d)
(C) support activities necessary to facili- (8) in accordance with relevant policies of and carry out the duties described in sub-
tate oversight of relevant emerging biotech- the agency, conducting due diligence with section (b).
nologies. regard to applicants for grant funding from (b) DUTIES.—The RSI–ISAO shall—
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1329
(1) serve as a clearinghouse for information 4701 et seq.), Visiting Scientist Engineer and supported research and development against
to help enable the members and other enti- Educator appointments, and special govern- foreign government interference and exploi-
ties in the research community to under- ment employees, from participating in a for- tation) or a successor policy document.
stand the context of their research and iden- eign government talent recruitment pro- SEC. 2304. ADDITIONAL REQUIREMENTS FOR DI-
tify improper or illegal efforts by foreign en- gram; RECTORATE RESEARCH SECURITY.
tities to obtain research results, know how, (2) prohibit awards from being made for (a) INITIATIVE REQUIRED.—The Director
materials, and intellectual property; any proposal in which the principal investi- shall, in consultation with other appropriate
(2) develop a set of standard risk assess- gator, any individual listed on the applica- Federal agencies, establish an initiative to
ment frameworks and best practices, rel- tion for the award with direct involvement work with institutions of higher education
evant to the research community, to assess in the proposal, or co-principal investigator that perform research and technology devel-
research security risks in different contexts; is participating in a foreign government tal- opment activities under the Directorate—
(3) share information concerning security ent recruitment program of the People’s Re- (1) to support protection of intellectual
threats and lessons learned from protection public of China, the Democratic People’s Re- property, consistent with the controls rel-
and response efforts through forums and public of Korea, the Russian Federation, or evant to the grant or award, key personnel,
other forms of communication; the Islamic Republic of Iran; and and information about critical technologies
(4) provide timely reports on research secu- (3) to the extent practicable, require insti- relevant to national security;
rity risks to provide situational awareness tutions receiving funding to prohibit awards (2) to limit undue influence, including
tailored to the research and education com- from being used by any individuals partici- through foreign government talent recruit-
munity; pating in a foreign government talent re- ment programs, by countries to exploit
(5) provide training and support, including cruitment program of the People’s Republic United States technology within the Foun-
through webinars, for relevant faculty and of China, the Democratic People’s Republic dation research, science and technology, and
staff employed by institutions of higher edu- of Korea, the Russian Federation, or the Is- innovation enterprise, including research
cation on topics relevant to research secu- lamic Republic of Iran. funded by the Directorate; and
rity risks and response; (b) PROHIBITION.—Not later than 1 year (3) to support efforts toward development
after the date of enactment of this division, of domestic talent in relevant scientific and
(6) enable standardized information gath-
each Federal science agency shall issue a engineering fields.
ering and data compilation, storage, and
policy, utilizing the policy guidelines devel- (b) COORDINATION.—The initiative estab-
analysis for compiled incident reports; lished under subsection (a) shall be devel-
(7) support analysis of patterns of risk and oped under subsection (a).
(c) EXEMPTION.—The policy developed oped and executed to the maximum extent
identification of bad actors and enhance the practicable with academic research institu-
ability of members to prevent and respond to under subsection (b) may include an exemp-
tion for participation in international con- tions and other educational and research or-
research security risks; and ganizations.
(8) take other appropriate steps to enhance ferences or other international exchanges,
(c) REQUIREMENTS.—The initiative estab-
research security. partnerships, or programs, as sanctioned or
lished under subsection (a) shall include de-
(c) FUNDING.—The Foundation may provide approved by the Federal science agency.
velopment of the following:
initial funds toward the RSI–ISAO, but shall When such participation is authorized, the
(1) Training developed and delivered in
seek to have the fees authorized in sub- Federal science agency shall ensure training
consultation with institutions of higher edu-
section (d)(2) cover the costs of operations at is provided to the participant on how to re-
cation and appropriate Federal agencies, and
the earliest practicable time. spond to overtures from individuals associ-
other support to institutions of higher edu-
(d) MEMBERSHIP.— ated with foreign government talent recruit-
cation, to promote security of controlled in-
(1) IN GENERAL.—The RSI–ISAO shall serve ment programs.
formation, as appropriate, including best
and include members representing institu- (d) REPORT.—Not later than 2 years after
practices for protection of controlled infor-
tions of higher education, nonprofit research the date of enactment of this division, each
mation.
institutions, and small and medium-sized Federal science agency shall report to Con-
(2) The capacity of institutions of higher
businesses. gress on the steps it has taken to implement
education to assess whether individuals af-
(2) FEES.—As soon as practicable, members this section.
(e) FOREIGN GOVERNMENT TALENT RECRUIT- filiated with Directorate programs have par-
of the RSI–ISAO shall be charged an annual ticipated in or are currently participating in
rate to enable the RSI–ISAO to cover its MENT PROGRAMS.—In addition to existing au-
thorities for preventing waste, fraud, abuse, foreign government talent recruitment pro-
costs. Rates shall be set on a sliding scale gram programs.
based on research and development spent to and mismanagement of Federal funds, each
(3) Opportunities to collaborate with Direc-
ensure that membership is accessible to a di- Federal science agency shall require, as a
torate awardees to promote protection of
verse community of stakeholders and ensure condition of an award, that the senior per-
controlled information as appropriate and
broad participation. The RSI–ISAO shall de- sonnel designated by the United States insti-
strengthen defense against foreign intel-
velop a plan to sustain the RSI–ISAO with- tution applying for Federal funding submit
ligence services.
out Federal funding, as practicable. foreign government talent recruitment pro-
(4) As appropriate, regulations and proce-
(e) BOARD OF DIRECTORS.—The RSI–ISAO gram contracts to the agency if the principal
dures—
may establish a board of directors to provide investigator or a co-principal investigator
(A) for government and academic organiza-
guidance for policies, legal issues, and plans discloses membership in a foreign govern-
tions and personnel to support the goals of
and strategies of the entity’s operations. The ment talent recruitment program other than the initiative; and
board shall include a diverse group of stake- a program of the People’s Republic of China, (B) that are consistent with policies that
holders representing the research commu- the Democratic People’s Republic of Korea, protect open and scientific exchange in fun-
nity, including academia, industry, and expe- the Russian Federation, or the Islamic Re- damental research.
rienced research security administrators. public of Iran. The United States institution, (5) Policies to limit or prohibit funding
(f) DEFINITION OF INSTITUTION OF HIGHER as the award applicant, shall ensure, to the provided by the Foundation for individual re-
EDUCATION .—The term ‘‘institution of high- maximum extent practicable, that the con- searchers who knowingly violate regulations
er education’’ has the meaning given the tract conforms with the Federal science developed under the initiative, including
term in section 101(a) of the Higher Edu- agency’s guidance on conflicts of interest, policies relating to foreign government tal-
cation Act of 1965 (20 U.S.C. 1001(a)). including those contained in relevant con- ent recruitment programs.
SEC. 2303. FOREIGN GOVERNMENT TALENT RE- tract proposal and award policies and proce- (6) Policies to limit or prohibit funding
CRUITMENT PROGRAM PROHIBI- dures. Each Federal science agency shall re- provided by the Foundation for institutions
TION. view the contract and may prohibit funding that knowingly violate regulations devel-
(a) GUIDANCE.—Not later than 180 days to the awardee if the obligations in the con- oped under the initiative, including policies
after the date of enactment of this division, tract interfere with the capacity for activi- relating to foreign government talent re-
the Director of the Office of Science and ties receiving support to be carried out, or cruitment programs.
Technology Policy shall, in coordination create duplication with Federally supported (d) DEPARTMENT OF DEFENSE EFFORTS.—In
with the interagency working group estab- activities. carrying out this section, the Foundation
lished under section 1746 of the National De- (f) CONSISTENCY.—The Director of the Of- shall consider the efforts undertaken by the
fense Authorization Act for Fiscal Year 2020 fice of Science and Technology Policy shall Department of Defense to secure defense re-
(Public Law 116–92; 42 U.S.C. 6601 note), pub- ensure that the policies issued by Federal search, including as provided under section
lish and widely distribute a uniform set of science agencies under subsection (b) are 1286 of the John S. McCain National Defense
policy guidelines for Federal science agen- consistent to the greatest extent practicable. Authorization Act for Fiscal Year 2019 (10
cies regarding foreign government talent re- (g) DEFINITION.—For purposes of this sec- U.S.C. 2358 note).
ctelli on DSK11ZRN23PROD with SENATE
cruitment programs. These policy guidelines tion and section 2304, the term ‘‘foreign gov- (e) ANNUAL REPORT.—
shall— ernment talent recruitment program’’ has (1) IN GENERAL.—Not later than 1 year after
(1) prohibit all personnel of each Federal the meaning given the term ‘‘foreign govern- date of enactment of this division, and annu-
science agency, including Federal employees, ment-sponsored talent recruitment pro- ally thereafter, the Director, shall submit to
contract employees, independent contrac- gram’’ in National Security Presidential Congress a report on the activities carried
tors, individuals serving under the Intergov- Memorandum–33 (relating to strengthening out under the initiative established under
ernmental Personnel Act of 1970 (42 U.S.C. protections of United States Government- subsection (a).
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S1330 CONGRESSIONAL RECORD — SENATE March 22, 2022
(2) CONTENTS.—The report required by ensure that the resources disseminated development of international standards are
paragraph (1) shall include the following: under paragraph (1) are consistent with the critical;
(A) A description of the activities con- efforts of the Director under section 303 of (2) voluntary consensus standards, devel-
ducted and the progress made under the ini- the Cybersecurity Enhancement Act of 2014 oped through an industry-led process, serve
tiative. (15 U.S.C. 7443). as the cornerstone of the United States
(B) The findings of the Director with re- (4) UPDATES.—The Director shall review pe- standardization system and have become the
spect to the initiative. riodically and update the resources under basis of a sound national economy and the
(C) Such recommendations as the Director paragraph (1) as the Director determines ap- key to global market access;
may have for legislative or administrative propriate. (3) strengthening the unique United States
action relating to the matters described in (5) VOLUNTARY RESOURCES.—The use of the public-private partnerships approach to
subsection (a). resources disseminated under paragraph (1) standards development is critical to United
(D) Identification and discussion of the shall be considered voluntary. States economic competitiveness; and
gaps in legal authorities that need to be im- (6) OTHER FEDERAL CYBERSECURITY RE- (4) the United States Government should
proved to enhance the security of research QUIREMENTS.—Nothing in this section may be ensure cooperation and coordination across
institutions of higher education performing construed to supersede, alter, or otherwise Federal agencies to partner with and support
Directorate research. affect any cybersecurity requirements appli- private sector stakeholders to continue to
(E) Information on Foundation Inspector cable to Federal agencies. shape international dialogues in regard to
General cases, as appropriate, relating to (c) DEFINITIONS.—In this section: standards development for emerging tech-
undue influence to security threats to aca- (1) DIRECTOR.—The term ‘‘Director’’ means nologies.
demic research activities funded by the the Director of the National Institute of (c) ACTIVITIES AND ENGAGEMENT.—The Sec-
Foundation, including theft of property or Standards and Technology. retary of Commerce, acting through the Di-
intellectual property relating to a project (2) RESOURCES.—The term ‘‘resources’’ rector, and in consultation with the Sec-
funded by the Department at an institution means guidelines, tools, best practices, retary of Energy as relevant, shall—
of higher education. standards, methodologies, and other ways of (1) build capacity and training opportuni-
(3) FORM.—The report submitted under providing information. ties to help create a pipeline of talent and
paragraph (1) shall be submitted in both un- (3) RESEARCH INSTITUTION.—The term ‘‘re- leadership in key standards development po-
classified and classified formats, as appro- search institution’’— sitions;
priate. (A) means a nonprofit institution (as de- (2) partner with private sector entities to
SEC. 2305. PROTECTING RESEARCH FROM CYBER fined in section 4 of the Stevenson-Wydler support strategic engagement and leadership
THEFT. Technology Innovation Act of 1980 (15 U.S.C. in the development of international stand-
(a) IMPROVING CYBERSECURITY OF INSTITU- 3703)); and ards for digital economy technologies, in-
TIONS OF HIGHER EDUCATION.—Section (B) includes Federally funded research and cluding partnering with industry to assist
2(e)(1)(A) of the National Institute of Stand- development centers, as identified by the Na- private sector partners to develop standards
ards and Technology Act (15 U.S.C. tional Science Foundation in accordance strategies and support engagement and par-
272(e)(1)(A)) is amended— with the Federal Acquisition Regulation ticipation in the relevant standards activi-
(1) in clause (viii), by striking ‘‘and’’ after issued in accordance with section 1303(a)(1) ties; and
the semicolon; of title 41 (or any successor regulation). (3) prioritize efforts on standards develop-
(2) by redesignating clause (ix) as clause SEC. 2306. INTERNATIONAL STANDARDS DEVEL- ment for emerging technologies, identify or-
(x); and OPMENT. ganizations to develop these standards, iden-
(3) by inserting after clause (viii) the fol- (a) FINDINGS.—Congress finds the fol- tify leadership positions of interest to the
lowing: lowing: United States, and identify key contributors
‘‘(ix) consider institutions of higher edu- (1) Widespread use of standards facilitates for technical and leadership expertise in
cation (as defined in section 101 of the Higher technology advancement by defining and es- these areas.
Education Act of 1965 (20 U.S.C. 1001)); and’’. tablishing common foundations for inter- SEC. 2307. RESEARCH FUNDS ACCOUNTING.
(b) DISSEMINATION OF RESOURCES FOR RE- operability, product differentiation, techno- (a) DEFINITIONS.—In this section:
SEARCH INSTITUTIONS.— logical innovation, and other value-added (1) FOREIGN ENTITY OF CONCERN.—The term
(1) IN GENERAL.—Not later than 90 days services. ‘‘foreign entity of concern’’ means a foreign
after the date of enactment of this division, (2) Standards also promote an expanded, entity that is—
the Director shall, using the authorities of more interoperable, and efficient market- (A) designated as a foreign terrorist orga-
the Director under subsection (e)(1)(A)(ix) of place. nization by the Secretary of State under sec-
section 2 of the National Institute of Stand- (3) Global cooperation and coordination on tion 219(a) of the Immigration and Nation-
ards and Technology Act (15 U.S.C. 272), as standards for emerging technologies will be ality Act (8 U.S.C. 1189(a));
amended by subsection (a), disseminate and critical for having a consistent set of ap- (B) included on the list of specially des-
make publicly available resources to help re- proaches to enable market competition, pre- ignated nationals and blocked persons main-
search institutions and institutions of higher clude barriers to trade, and allow innovation tained by the Office of Foreign Assets Con-
education identify, protect the institution to flourish. trol of the Department of the Treasury (com-
involved from, detect, respond to, and re- (4) The People’s Republic of China’s Stand- monly known as the SDN list);
cover to manage the cybersecurity risk of ardization Reform Plan and Five-Year Plan (C) owned by, controlled by, or subject to
the institution involved related to con- for Standardization highlight its high-level the jurisdiction or direction of a government
ducting research. goals to establish China as a standards power of a foreign country that is a covered nation
(2) REQUIREMENTS.—The Director shall en- by 2020, participate in at least half of all (as defined in section 2533c(d) of title 10,
sure that the resources disseminated pursu- standards drafting and revision efforts in United States Code);
ant to paragraph (1)— recognized international standards setting (D) alleged by the Attorney General to
(A) are generally applicable and usable by organizations, and strengthen China’s par- have been involved in activities for which a
a wide range of research institutions and in- ticipation in the governance of international conviction was obtained under—
stitutions of higher education; standards setting organizations. (i) chapter 37 of title 18, United States
(B) vary with the nature and size of the im- (5) As emerging technologies develop for Code (commonly known as the Espionage
plementing research institutions or institu- global deployment, it is critical that the Act);
tions of higher education, and the nature and United States and its allies continue to par- (ii) section 951 or 1030 of title 18, United
sensitivity of the data collected or stored on ticipate in the development of standards States Code;
the information systems or devices of the that underpin the technologies themselves, (iii) chapter 90 of title 18, United States
implementing research institutions or insti- and the future international governance of Code (commonly known as the Economic Es-
tutions of higher education; these technologies. pionage Act of 1996);
(C) include elements that promote aware- (6) The United States position on standard- (iv) the Arms Export Control Act (22 U.S.C.
ness of simple, basic controls, a workplace ization in emerging technologies will be crit- 2751 et seq.);
cybersecurity culture, and third-party stake- ical to United States economic competitive- (v) section 224, 225, 226, 227, or 236 of the
holder relationships, to assist research insti- ness. Atomic Energy Act of 1954 (42 U.S.C. 2274,
tutions or institutions of higher education in (7) The National Institute of Standards and 2275, 2276, 2277, and 2284);
mitigating common cybersecurity risks; Technology is in a unique position to (vi) the Export Control Reform Act of 2018
(D) include case studies of practical appli- strengthen United States leadership in (50 U.S.C. 4801 et seq.); or
cation; standards development, particularly for (vii) the International Emergency Eco-
ctelli on DSK11ZRN23PROD with SENATE
(E) are technology-neutral and can be im- emerging technologies, to ensure continuing nomic Powers Act (50 U.S.C. 1701 et seq.); or
plemented using technologies that are com- United States economic competitiveness and (E) determined by the Secretary of Com-
mercial and off-the-shelf; and national security. merce, in consultation with the Secretary of
(F) to the extent practicable, are based on (b) SENSE OF CONGRESS.—It is the sense of Defense and the Director of National Intel-
international standards. Congress that— ligence, to be engaged in unauthorized con-
(3) NATIONAL CYBERSECURITY AWARENESS (1) the principles of openness, trans- duct that is detrimental to the national se-
AND EDUCATION PROGRAM.—The Director shall parency, due process, and consensus in the curity or foreign policy of the United States.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1331
(2) STUDY PERIOD.—The term ‘‘study pe- tation and Infrastructure, and the Com- ‘‘(A) Strategy development grants or coop-
riod’’ means the 5-year period ending on the mittee on Appropriations of the House of erative agreements to eligible consortia
date of enactment of this Act. Representatives. under subsection (e).
(b) STUDY.—The Comptroller General of ‘‘(2) COOPERATIVE EXTENSION.—The term ‘‘(B) Strategy implementation grants or
the United States shall conduct a study on ‘cooperative extension’ has the meaning cooperative agreements to regional tech-
Federal funding made available, to foreign given the term ‘extension’ in section 1404 of nology hubs under subsection (f).
entities of concern for research, during the the Food and Agriculture Act of 1977 (7 ‘‘(3) ADMINISTRATION.—The Secretary shall
study period. U.S.C. 3103). carry out this section through the Assistant
(c) MATTERS TO BE INCLUDED.—The study ‘‘(3) KEY TECHNOLOGY FOCUS AREAS.—The Secretary of Commerce for Economic Devel-
conducted under subsection (b) shall include, term ‘key technology focus areas’ means the opment in coordination with the Under Sec-
to the extent practicable with respect to the areas included on the most recent list under retary of Commerce for Standards and Tech-
study period, an assessment of— section 2005 of the Endless Frontier Act. nology.
(1) the total amount of Federal funding ‘‘(4) LABOR ORGANIZATION.—The term ‘labor
made available to foreign entities of concern organization’ has the meaning given such ‘‘(c) ELIGIBLE CONSORTIA.—For purposes of
for research; term in section 2101 of the Endless Frontier this section, an eligible consortium is a con-
(2) the total number and types of foreign Act. sortium that—
entities of concern to whom such funding ‘‘(5) LOW POPULATION STATE.—The term ‘‘(1) includes 1 or more—
was made available; ‘low population State’ means a State with- ‘‘(A) institutions of higher education;
(3) the requirements relating to the award- out an urbanized area with a population ‘‘(B) local or Tribal governments or other
ing, tracking, and monitoring of such fund- greater than 200,000 as reported in the 2010 political subdivisions of a State;
ing; decennial census. ‘‘(C) State governments represented by an
(4) any other data available with respect to ‘‘(6) MANUFACTURING EXTENSION CENTER.— agency designated by the governor of the
Federal funding made available to foreign The term ‘manufacturing extension center’ State or States that is representative of the
entities of concern for research; and has the meaning given the term ‘Center’ in geographic area served by the consortia;
(5) such other matters as the Comptroller section 25(a) of the National Institute of ‘‘(D) economic development organizations
General determines appropriate. Standards and Technology Act (15 U.S.C. or similar entities that are focused primarily
(d) BRIEFING ON AVAILABLE DATA.—Not 278k(a)). on improving science, technology, innova-
later than 120 days after the date of the en- ‘‘(7) MANUFACTURING USA INSTITUTE.—The tion, or entrepreneurship;
actment of this division, the Comptroller term ‘Manufacturing USA institute’ means ‘‘(E) industry or firms in relevant tech-
General shall brief the Committee on Com- an Manufacturing USA institute described in nology or innovation sectors;
merce, Science, and Transportation and the section 34(d) of the National Institute of ‘‘(F) labor organizations or workforce
Committee on Foreign Relations of the Sen- Standards and Technology Act (15 U.S.C. training organizations, including State and
ate and the Committee on Science, Space, 278s(d)). local workforce development boards as es-
and Technology and the Committee on For- ‘‘(8) SITE CONNECTIVITY INFRASTRUCTURE.— tablished under section 101 and 107 of the
eign Affairs of the House of Representatives The term ‘site connectivity infrastructure’ Workforce Investment and Opportunity Act
on the study conducted under subsection (b) means localized driveways and access roads (29 U.S.C. 3111; 3122); and
and on the data that is available with re- to a facility as well as hookups to the new ‘‘(2) may include 1 or more—
spect to Federal funding made available to facility for drinking water, waste water, ‘‘(A) nonprofit economic development enti-
foreign entities of concern for research. broadband, and other basic infrastructure ties with relevant expertise, including a dis-
(e) REPORT.—The Comptroller General services already present in the area. trict organization (as defined in section 300.3
shall submit to the congressional commit- ‘‘(9) SMALL AND RURAL COMMUNITIES.—The of title 13, Code of Federal Regulations, or
tees specified in subsection (d), by a date term ‘small and rural community’ means a successor regulation);
agreed upon by the Comptroller General and noncore area, a micropolitan area, or a small ‘‘(B) venture development organizations;
the committees on the date of the briefing, a metropolitan statistical area with a popu- ‘‘(C) financial institutions and investment
report on the findings of the study conducted lation of not more than 200,000. funds;
under subsection (b). ‘‘(10) VENTURE DEVELOPMENT ORGANIZA- ‘‘(D) primary and secondary educational
TION.—The term ‘venture development orga- institutions, including career and technical
SEC. 2308. PLAN WITH RESPECT TO SENSITIVE OR
CONTROLLED INFORMATION AND nization’ has the meaning given such term in education schools;
BACKGROUND SCREENING. section 27(a) of the Stevenson-Wydler Act of ‘‘(E) National Laboratories (as defined in
Not later than 180 days after the enact- 1980 (15 U.S.C. 3722(a)). section 2 of the Energy Policy Act of 2005 (42
ment of this division, the Director, in con- ‘‘(b) REGIONAL TECHNOLOGY HUB PRO-
U.S.C. 15801));
GRAM.—
sultation with the Director of National In- ‘‘(F) Federal laboratories;
‘‘(1) IN GENERAL.—Subject to the avail-
telligence and, as appropriate, other Federal ‘‘(G) Manufacturing extension centers;
ability of appropriations, the Secretary shall
agencies, shall develop a plan to— ‘‘(H) Manufacturing USA institutes;
carry out a program—
(1) identify research areas that may in- ‘‘(I) institutions receiving an award under
‘‘(A) to encourage new and constructive
clude sensitive or controlled information, in- section 2104 of the Endless Frontier Act; and
collaboration among local, State, and Fed-
cluding in the key technology focus areas; ‘‘(J) a cooperative extension.
eral government entities, academia, the pri-
and
vate sector, economic development organiza- ‘‘(d) DESIGNATION OF REGIONAL TECHNOLOGY
(2) provide for background screening, as ap-
tions, and labor organizations; HUBS.—
propriate, for individuals working in such re-
‘‘(B) to support eligible consortia in the ‘‘(1) IN GENERAL.—In carrying out sub-
search areas who are employees of the Foun-
creation of regional innovation strategies; section (b)(1)(C), the Secretary shall use a
dation or recipients of funding from the
‘‘(C) to designate eligible consortia as re- competitive process to designate eligible
Foundation.
gional technology hubs and facilitate activi- consortia as regional technology hubs.
TITLE IV—REGIONAL INNOVATION ties by consortia designated as regional tech- ‘‘(2) GEOGRAPHIC DISTRIBUTION.—In con-
CAPACITY nology hubs in implementing their regional ducting the competitive process under para-
SEC. 2401. REGIONAL TECHNOLOGY HUBS. innovation strategies, in order— graph (1), the Secretary shall ensure geo-
(a) IN GENERAL.—The Stevenson-Wydler ‘‘(i) to enable United States leadership in graphic distribution in the designation of re-
Technology Innovation Act of 1980 (Public technology and innovation sectors critical to gional technology hubs by—
Law 96–480; 15 U.S.C. 3701 et seq.) is amend- national and economic security; ‘‘(A) seeking to designate at least three
ed— ‘‘(ii) to support regional economic develop- technology hubs in each region covered by a
(1) by redesignating section 28 as section ment, including in small cities and rural regional office of the Economic Development
29; and areas, and diffuse innovation around the Administration;
(2) by inserting after section 27 the fol- United States; and ‘‘(B) focusing on localities that are not
lowing: ‘‘(iii) to support domestic job creation and leading technology centers;
‘‘SEC. 28. REGIONAL TECHNOLOGY HUB PRO- broad-based economic growth; and ‘‘(C) ensuring that not fewer than one-
GRAM. ‘‘(D) to ensure that the regional tech- third of eligible consortia designated as re-
‘‘(a) DEFINITIONS.—In this section: nology hubs address the intersection of gional technology hubs significantly benefit
‘‘(1) APPROPRIATE COMMITTEES OF CON- emerging technologies and either local and a small and rural community, which may in-
GRESS.—The term ‘appropriate committees regional challenges or national challenges; clude a State described in subparagraph (D);
of Congress’ means— and ‘‘(D) ensuring that not fewer than one-
ctelli on DSK11ZRN23PROD with SENATE
‘‘(A) the Committee on Commerce, ‘‘(E) to conduct ongoing research, evalua- third of eligible consortia designated as re-
Science, and Transportation, the Committee tion, analysis, and dissemination of best gional technology hubs include as a member
on Environment and Public Works, and the practices for regional development and com- of the eligible consortia at least 1 member
Committee on Appropriations of the Senate; petitiveness in technology and innovation. that is a State that is eligible to receive
and ‘‘(2) AWARDS.—The Secretary shall carry funding from the Established Program to
‘‘(B) the Committee on Science, Space, and out the program required by paragraph (1) Stimulate Competitive Research of the Na-
Technology, the Committee on Transpor- through the award of the following: tional Science Foundation; and
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S1332 CONGRESSIONAL RECORD — SENATE March 22, 2022
‘‘(E) ensuring that at least one eligible ‘‘(1) IN GENERAL.—The Secretary shall use ‘‘(3) LIMITATION ON AMOUNT OF AWARDS.—
consortium designated as a regional tech- a competitive process to award grants or co- The Secretary shall ensure that no single re-
nology hub is headquartered in a low popu- operative agreements to regional technology gional technology hub receives more than 10
lation State that is eligible to receive fund- hubs for the implementation of regional in- percent of the aggregate amount of the
ing from the Established Program to Stimu- novation strategies, including regional strat- grants and cooperative agreements awarded
late Competitive Research of the National egies for infrastructure and site develop- under this subsection.
Science Foundation. ment, in support of the regional technology ‘‘(4) TERM.—
‘‘(3) RELATION TO CERTAIN GRANT AWARDS.— hub’s plans and programs. ‘‘(A) IN GENERAL.—The term of a grant or
The Secretary shall not require an eligible ‘‘(2) USE OF FUNDS.—The amount of a grant cooperative agreement awarded under this
consortium to receive a grant or cooperative or cooperative agreement awarded under subsection shall be for such period as the
agreement under subsection (e) in order to be subparagraph (A) to a regional technology Secretary considers appropriate.
designated as a regional technology hub hub may be used by the regional technology ‘‘(B) RENEWAL.—The Secretary may renew
under paragraph (1) of this subsection. hub to support any of the following activi- a grant or cooperative agreement awarded to
‘‘(e) STRATEGY DEVELOPMENT GRANTS AND ties, consistent with the most current re- a regional technology hub under this sub-
COOPERATIVE AGREEMENTS.— section as the Secretary considers appro-
gional innovation strategy of the regional
‘‘(1) IN GENERAL.—The Secretary shall use priate if the Secretary determines that the
technology hub:
a competitive process to award grants or co- performance of the regional technology hub
‘‘(A) WORKFORCE DEVELOPMENT ACTIVI-
operative agreements to eligible consortia is satisfactory.
TIES.—Workforce development activities, in-
for the development of regional innovation ‘‘(5) MATCHING REQUIRED.—
cluding activities relating to the following:
strategies. ‘‘(A) IN GENERAL.—Except in the case of a
‘‘(2) NUMBER OF RECIPIENTS.—The Secretary ‘‘(i) The creation of partnerships between
regional technology hub described in sub-
shall award a grant or cooperative agree- industry, workforce, and academic groups,
paragraph (B), the total amount of all grants
ment under paragraph (1) to not fewer than which may include community colleges, to
awarded to a regional technology hub under
20 eligible consortia. create and align technical training and edu-
this subsection in a given year shall not ex-
‘‘(3) GEOGRAPHIC DIVERSITY AND REPRESEN- cational programs.
ceed amounts as follows:
TATION.— ‘‘(ii) The design, development, and updat- ‘‘(i) In the first year of the grant or cooper-
‘‘(A) IN GENERAL.—The Secretary shall ing of educational and training curriculum. ative agreement, 90 percent of the total oper-
carry out paragraph (1) in a manner that en- ‘‘(iii) The procurement of facilities and ating costs of the regional technology hub in
sures geographic diversity and representa- equipment, as required to train a technical that year.
tion from communities of differing popu- workforce. ‘‘(ii) In the second year of the grant or co-
lations. ‘‘(iv) The development and execution of operative agreement, 85 percent of the total
‘‘(B) AWARDS TO SMALL AND RURAL COMMU- programs to rapidly award certificates or operating costs of the regional technology
NITIES.—In carrying out paragraph (1), the credentials recognized by regional industry hub in that year.
Secretary shall— groups. ‘‘(iii) In the third year of the grant or co-
‘‘(i) award not fewer than one-third of the ‘‘(v) The matching of regional employers operative agreement, 80 percent of the total
grants and cooperative agreements under with a potential new entrant, under- operating costs of the regional technology
such paragraph to eligible consortia that sig- employed, or incumbent workforce. hub in that year.
nificantly benefit a small and rural commu- ‘‘(vi) The expansion of successful training ‘‘(iv) In the fourth year of the grant or co-
nity, which may include a State described in programs at a scale required by the region operative agreement and each year there-
clause (ii); and served by the regional technology hub, in- after, 75 percent of the total operating costs
‘‘(ii) award not fewer than one-third of the cluding through the use of online education. of the regional technology hub in that year.
grants and cooperative agreements under ‘‘(B) BUSINESS AND ENTREPRENEUR DEVELOP- ‘‘(B) SMALL AND RURAL COMMUNITIES AND
such paragraph to eligible consortia that in- MENT ACTIVITIES.—Business and entrepreneur INDIAN TRIBES.—
clude as a member of the eligible consortia development activities, including activities ‘‘(i) IN GENERAL.—The total Federal finan-
at least 1 member that is a State that is eli- relating to the following: cial assistance awarded in a given year to a
gible to receive funding from the Established ‘‘(i) The development and growth of re- regional technology hub under this sub-
Program to Stimulate Competitive Research gional businesses and the training of entre- section shall not exceed amounts as follows:
of the National Science Foundation. preneurs. ‘‘(I) In the case of a regional technology
‘‘(4) USE OF FUNDS.—The amount of a grant ‘‘(ii) The support of technology commer- hub that represents a small and rural com-
or cooperative agreement awarded under cialization, including funding for activities munity, in a fiscal year, 90 percent of the
paragraph (1) shall be as follows: relevant to the protection of intellectual total funding of the regional technology hub
‘‘(A) To coordinate locally defined plan- property. in that fiscal year.
ning processes, across jurisdictions and agen- ‘‘(iii) The development of networks for ‘‘(II) In the case of an regional technology
cies, relating to developing a comprehensive business and entrepreneur mentorship. hub that is led by a Tribal government, in a
regional technology strategy. ‘‘(C) TECHNOLOGY MATURATION ACTIVITIES.— fiscal year, 100 percent of the total funding
‘‘(B) To identify regional partnerships for Technology maturation activities, including of the regional technology hub in that fiscal
developing and implementing a comprehen- activities relating to the following: year.
sive regional technology strategy. ‘‘(i) The development and deployment of ‘‘(ii) MINIMUM THRESHOLD OF RURAL REP-
‘‘(C) To conduct or update assessments to technologies in sectors critical to the region RESENTATION.—For purposes of clause (i)(I),
determine regional needs. served by the regional technology hub or to the Secretary shall establish a minimum
‘‘(D) To develop or update goals and strate- national and economic security, including threshold of rural representation in the re-
gies to implement an existing comprehensive proof of concept, prototype development, and gional technology hub.
regional plan. testing. ‘‘(C) IN-KIND CONTRIBUTIONS.—For purposes
‘‘(E) To identify or implement local zoning ‘‘(ii) The provision of facilities for tech- of this paragraph, in-kind contributions may
and other code changes necessary to imple- nology maturation, including incubators for be used for part of the non-Federal share of
ment a comprehensive regional technology collaborative development of technologies by the total funding of a regional technology
strategy. private sector, academic, and other entities. hub in a fiscal year.
‘‘(5) FEDERAL SHARE.—The Federal share of ‘‘(iii) Activities to ensure access to capital ‘‘(6) GRANTS FOR INFRASTRUCTURE.—Any
the cost of an effort carried out using a for new business formation and business ex- grant or cooperative agreement awarded
grant or cooperative agreement awarded pansion, including by attracting new private, under this subsection to support the con-
under this subsection may not exceed 80 per- public, and philanthropic investment and by struction of facilities and site connectivity
cent— establishing regional venture and loan funds. infrastructure shall be awarded pursuant to
‘‘(A) where in-kind contributions may be ‘‘(iv) Activities determined appropriate by section 201 of the Public Works and Eco-
used for all or part of the non-Federal share, the Secretary under section 27(c)(2) of this nomic Development Act of 1965 (42 U.S.C.
but Federal funding from other Government Act. 3141) and subject to the provisions of such
sources may not count towards the non-Fed- ‘‘(D) INFRASTRUCTURE-RELATED ACTIVI- Act, except that subsection (b) of such sec-
eral share; TIES.—The building of facilities and site tion and sections 204 and 301 of such Act (42
‘‘(B) except in the case of an eligible con- connectivity infrastructure necessary to U.S.C. 3144, 3161) shall not apply.
sortium that represents all or part of a small carry out activities described in subpara- ‘‘(7) RELATION TO CERTAIN GRANT AWARDS.—
and rural community, the Federal share may graphs (A), (B), and (C), including activities The Secretary shall not require a regional
be up to 90 percent of the total cost, subject relating to the following: technology hub to receive a grant or cooper-
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to subparagraph (A); and ‘‘(i) Establishing a workforce training cen- ative agreement under subsection (e) in
‘‘(C) except in the case of an eligible con- ter with required tools and instrumentation. order to receive a grant or cooperative agree-
sortium that is led by a Tribal government, ‘‘(ii) Establishing a facility for technology ment under this subsection.
the Federal share may be up to 100 percent of development, demonstration, and testing. ‘‘(g) APPLICATIONS.—An eligible consor-
the total cost of the project. ‘‘(iii) Establishing collaborative incubators tium seeking designation as a regional tech-
‘‘(f) STRATEGY IMPLEMENTATION GRANTS to support technology commercialization nology hub under subsection (d) or a grant or
AND COOPERATIVE AGREEMENTS.— and entrepreneur training. cooperative agreement under subsection (e)
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1333
or (f) shall submit to the Secretary an appli- for economic disadvantaged and underrep- regional technology hub to confirm whether
cation therefor at such time, in such man- resented populations and rural areas. the performance of the regional technology
ner, and containing such information as the ‘‘(10) The likelihood efforts served by the hub is meeting the standards for perform-
Secretary may specify. consortium will be sustained once Federal ance established under subparagraph (B) of
‘‘(h) CONSIDERATIONS FOR DESIGNATION AND support ends. this paragraph.
AWARD OF STRATEGY DEVELOPMENT GRANTS ‘‘(11) How the eligible consortium will— ‘‘(2) FINAL REPORTS BY RECIPIENTS OF
AND COOPERATIVE AGREEMENTS.—In selecting ‘‘(A) enhance the economic, environ- STRATEGY IMPLEMENTATION GRANTS AND COOP-
an eligible consortium that submitted an ap- mental, and energy security of the United ERATIVE AGREEMENTS.—
plication under subsection (g) for designa- States by promoting domestic development, ‘‘(A) IN GENERAL.—The Secretary shall re-
tion under subsection (d) or for a grant or co- manufacture, and deployment of innovative quire each eligible consortium that receives
operative agreement under subsection (f), clean technologies and advanced manufac- a grant or cooperative agreement under sub-
the Secretary shall consider, at a minimum, turing practices; and section (f) for activities of a regional tech-
the following: ‘‘(B) support translational research, tech- nology hub, as a condition of receipt of such
‘‘(1) The potential of the eligible consor- nology development, manufacturing innova- grant or cooperative agreement, to submit to
tium to advance the research, development, tion, and commercialization activities relat- the Secretary, not later than 120 days after
deployment, and domestic manufacturing of ing to clean technology. the last day of the term of the grant or coop-
technologies in a key technology focus area ‘‘(i) COORDINATION AND COLLABORATION.— erative agreement, a report on the activities
or other technology or innovation sector ‘‘(1) COORDINATION WITH REGIONAL INNOVA- of the regional technology hub supported by
critical to national and economic security. TION PROGRAM.—The Secretary shall work to the grant or cooperative agreement.
‘‘(2) The likelihood of positive regional ensure the activities under this section do ‘‘(B) CONTENTS OF REPORT.—Each report
economic effect, including increasing the not duplicate activities or efforts under sec- submitted by an eligible consortium under
number of high wage domestic jobs, and cre- tion 27, as the Secretary considers appro- subparagraph (A) shall include the following:
ating new economic opportunities for eco- priate. ‘‘(i) A detailed description of the activities
nomically disadvantaged and underrep- ‘‘(2) COORDINATION WITH PROGRAMS OF THE carried out by the regional technology hub
resented populations. NATIONAL INSTITUTE OF STANDARDS AND TECH-
using the grant or cooperative agreement de-
‘‘(3) How the eligible consortium plans to NOLOGY.—The Secretary shall coordinate the
scribed in subparagraph (A), including the
integrate with and leverage the resources of activities of regional technology hubs des- following:
1 or more federally funded research and de- ignated under this section, the Hollings Man-
velopment centers, National Laboratories, ‘‘(I) A description of each project the re-
ufacturing Extension Partnership, and the
Federal laboratories, Manufacturing USA in- gional technology hub completed using such
Manufacturing USA Program, as the Sec-
stitutes, Hollings Manufacturing Extension grant or cooperative agreement.
retary considers appropriate, to maintain
Partnership centers, university technology ‘‘(II) An explanation of how each project
the effectiveness of a manufacturing exten-
centers established under section 2104 of the described in subclause (I) achieves a specific
sion center or a Manufacturing USA insti-
Endless Frontier Act, the program estab- goal under this section in the region of the
tute.
lished under section 2107 of the such Act, test regional technology hub with respect to—
‘‘(3) COORDINATION WITH DEPARTMENT OF EN-
beds established and operated under section ‘‘(aa) the resiliency of a supply chain;
ERGY PROGRAMS.—The Secretary shall, in
2108 of such Act, or other Federal research ‘‘(bb) research, development, and deploy-
collaboration with the Secretary of Energy,
entities. ment of a critical technology;
coordinate the activities and selection of re-
‘‘(4) How the eligible consortium will en- gional technology hubs designated under this ‘‘(cc) workforce training and development;
gage with the private sector, including section, as the Secretaries consider appro- ‘‘(dd) domestic job creation; or
small- and medium-sized businesses to com- priate, to maintain the effectiveness of ac- ‘‘(ee) entrepreneurship.
mercialize new technologies and improve the tivities at the Department of Energy and the ‘‘(ii) A discussion of any obstacles encoun-
resiliency of domestic supply chains in a key National Laboratories. tered by the regional technology hub in the
technology focus area or other technology or ‘‘(4) INTERAGENCY COLLABORATION.—In des- implementation of the regional technology
innovation sector critical to national and ignating regional technology hubs under sub- hub and how the regional technology hub
economic security. section (d) and awarding grants or coopera- overcame those obstacles.
‘‘(5) How the eligible consortium will carry tive agreements under subsection (f), the ‘‘(iii) An evaluation of the success of the
out workforce development and skills acqui- Secretary— projects of the regional technology hub using
sition programming, including through part- ‘‘(A) shall collaborate, to the extent pos- the performance standards and measures es-
nerships with entities that include State and sible, with the interagency working group tablished under paragraph (1), including an
local workforce development boards, institu- established under section 2004 of the Endless evaluation of the planning process and how
tions of higher education, including commu- Frontier Act; the project contributes to carrying out the
nity colleges, historically Black colleges and ‘‘(B) shall collaborate with Federal depart- regional innovation strategy of the regional
universities, Tribal colleges and universities, ments and agencies whose missions con- technology hub.
and minority serving institutions, labor or- tribute to the goals of the regional tech- ‘‘(iv) The effectiveness of the regional
ganizations, and workforce development pro- nology hub; technology hub in ensuring that, in the re-
grams, and other related activities author- ‘‘(C) shall consult with the Director of the gion of the regional technology hub, growth
ized by the Secretary, to support the devel- National Science Foundation for the purpose in technology and innovation sectors pro-
opment of a key technology focus area or of ensuring that the regional technology duces broadly shared opportunity across the
other technology or innovation sector crit- hubs are aligned with relevant science, tech- region, including for economic disadvan-
ical to national and economic security. nology, and engineering expertise; and taged and underrepresented populations and
‘‘(6) How the eligible consortium will im- ‘‘(D) may accept funds from other Federal rural areas.
prove science, technology, engineering, and agencies to support grants, cooperative ‘‘(v) Information regarding such other mat-
mathematics education programs in the agreements, and activities under this sec- ters as the Secretary may require.
identified region in elementary and sec- tion. ‘‘(3) INTERIM REPORTS BY RECIPIENTS OF
ondary school and higher education institu- ‘‘(j) PERFORMANCE MEASUREMENT, TRANS- GRANTS AND COOPERATIVE AGREEMENTS.—In
tions located in the identified region to sup- PARENCY, AND ACCOUNTABILITY.— addition to requiring submittal of final re-
port the development of a key technology ‘‘(1) METRICS, STANDARDS, AND ASSESS- ports under paragraph (2)(A), the Secretary
focus area or other technology or innovation MENT.—For each grant and cooperative may require a regional technology hub de-
sector critical to national and economic se- agreement awarded under subsection (f) for a scribed in such paragraph to submit to the
curity. regional technology hub, the Secretary Secretary such interim reports as the Sec-
‘‘(7) How the eligible consortium plans to shall— retary considers appropriate.
develop partnerships with venture develop- ‘‘(A) develop metrics, which may include ‘‘(4) ANNUAL REPORTS TO CONGRESS.—Not
ment organizations and sources of private in- metrics relating to domestic job creation, less frequently than once each year, the Sec-
vestment in support of private sector activ- patent awards, and business formation and retary shall submit to the appropriate com-
ity, including launching new or expanding expansion, to assess the effectiveness of the mittees of Congress an annual report on the
existing companies, in a key technology activities funded in making progress toward results of the assessments conducted by the
focus area or other technology or innovation the purposes set forth under subsection Secretary under paragraph (1)(C) during the
sector critical to national and economic se- (b)(1); period covered by the report.
curity. ‘‘(B) establish standards for the perform- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(8) How the eligible consortium plans to ance of the regional technology hub that are There is authorized to be appropriated to the
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organize the activities of regional partners based on the metrics developed under sub- Secretary, for the period of fiscal years 2022
across sectors in support of a regional tech- paragraph (A); and through 2026—
nology hub. ‘‘(C) 4 years after the initial award under ‘‘(1) $9,425,000,000 to award grants and coop-
‘‘(9) How the eligible consortium will en- subsection (f) and every 2 years thereafter erative agreements under subsection (f); and
sure that growth in technology and innova- until Federal financial assistance under this ‘‘(2) $575,000,000 to award grants and coop-
tion sectors produces broadly shared oppor- section for the regional technology hub is erative agreements under subsection (e).’’.
tunity across the identified region, including discontinued, conduct an assessment of the (b) INITIAL DESIGNATIONS AND AWARDS.—
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S1334 CONGRESSIONAL RECORD — SENATE March 22, 2022
(1) COMPETITION REQUIRED.—Not later than (2) to expand such program to support in- Commerce, establish policies to promote the
180 days after the date of the enactment of novation and growth in domestic manufac- domestic production of technologies devel-
this division, the Secretary of Commerce turing. oped by the Manufacturing USA Network.
shall commence a competition under sub- (c) DIVERSITY PREFERENCES.—Section 34(e) (B) ELEMENTS.—The policies developed
section (d)(1) of section 28 of the Stevenson- of the National Institute of Standards and under subparagraph (A) shall include the fol-
Wydler Technology Innovation Act of 1980 Technology Act (15 U.S.C. 278s(e)) is amended lowing:
(Public Law 96–480), as added by subsection by adding at the end the following: (i) Measures to partner domestic devel-
(a). ‘‘(8) DIVERSITY PREFERENCES.—In awarding opers of goods, services, or technologies by
(2) DESIGNATION AND AWARD.—Not later financial assistance under paragraph (1) for Manufacturing USA Network activities with
than 1 year after the date of the enactment planning or establishing a Manufacturing domestic manufacturers and sources of fi-
of this division, if the Secretary has received USA institute, an agency head shall nancing.
at least 1 application under subsection (g) of prioritize Manufacturing USA institutes (ii) Measures to develop and provide incen-
such section from an eligible consortium that— tives to promote transfer of intellectual
whom the Secretary considers suitable for ‘‘(A) contribute to the geographical diver- property and goods, services, or technologies
designation under subsection (d)(1) of such sity of the Manufacturing USA Program; developed by Manufacturing USA Network
section, the Secretary shall— ‘‘(B) are located in an area with a low per activities to domestic manufacturers.
(A) designate at least 1 regional tech- capita income; and (iii) Measures to assist with supplier scout-
nology hub under subsection (d)(1) of such ‘‘(C) are located in an area with a high pro- ing and other supply chain development, in-
section; and portion of socially disadvantaged resi- cluding the use of the Hollings Manufac-
(B) award a grant or cooperative agree- dents.’’. turing Extension Partnership to carry out
ment under subsection (f)(1) of such section (d) COORDINATION BETWEEN MANUFACTURING such measures.
to each regional technology hub designated USA PROGRAM AND HOLLINGS MANUFAC- (iv) A process to review and approve or
pursuant to subparagraph (A) of this para- TURING EXTENSION PARTNERSHIP.—The Sec- deny membership in a Manufacturing USA
graph. retary shall facilitate the coordination of institute by foreign-owned companies, espe-
the activities of the Manufacturing USA cially from countries of concern, including
SEC. 2402. MANUFACTURING USA PROGRAM. Program and the activities of Hollings Man- the People’s Republic of China.
(a) DEFINITIONS.—In this section: ufacturing Extension Partnership with each (v) Measures to prioritize Federal procure-
(1) HISTORICALLY BLACK COLLEGE OR UNI- other to the degree that doing so does not di- ment of goods, services, or technologies de-
VERSITY.—The term ‘‘historically Black col- minish the effectiveness of the ongoing ac- veloped by the Manufacturing USA Network
lege or university’’ has the meaning given tivities of a Manufacturing USA institute or activities from domestic sources, as appro-
the term ‘‘part B institution’’ in section 322 a Center (as the term is defined in section priate.
of the Higher Education Act of 1965 (20 U.S.C. 25(a) of the National Institute of Standards (C) PROCESSES FOR WAIVERS.—The policies
1061)). and Technology Act (15 U.S.C. 278k(a)), in- established under this paragraph shall in-
(2) MANUFACTURING USA INSTITUTE.—The cluding Manufacturing USA institutes enter- clude processes to permit waivers, on a case
term ‘‘Manufacturing USA institute’’ means ing into agreements with a Center (as so de- by case basis, for policies that promote do-
an institute described in section 34(d) of the fined) that the Secretary considers appro- mestic production based on cost, avail-
National Institute of Standards and Tech- priate to provide services relating to the ability, severity of technical and mission re-
nology Act (15 U.S.C. 278s(d)). mission of the Hollings Manufacturing Ex- quirements, emergency requirements, oper-
(3) MANUFACTURING USA NETWORK.—The tension Partnership, including outreach, ational needs, other legal or international
term ‘‘Manufacturing USA Network’’ means technical assistance, workforce develop- treaty obligations, or other factors deemed
the network established under section 34(c) ment, and technology transfer and adoption important to the success of the Manufac-
of the National Institute of Standards and assistance to small- and medium-sized manu- turing USA Program.
facturers. (2) PROHIBITION.—
Technology Act (15 U.S.C. 278s(c)).
(e) ADVICE FROM THE NATIONAL MANUFAC- (A) COMPANY DEFINED.—In this paragraph,
(4) MANUFACTURING USA PROGRAM.—The
TURING ADVISORY COUNCIL.—The Secretary the term ‘‘company’’ has the meaning given
term ‘‘Manufacturing USA Program’’ means
shall seek advice from the National Manu- such term in section 847(a) of the National
the program established under section
facturing Advisory Council on matters con- Defense Authorization Act for Fiscal Year
34(b)(1) of the National Institute of Stand-
cerning investment in and support of the 2020 (Public Law 116–92; 10 U.S.C. 2509 note).
ards and Technology Act (15 U.S.C.
manufacturing workforce within the Manu- (B) IN GENERAL.—A company of the Peo-
278s(b)(1)).
facturing USA Program, including those ple’s Republic of China may not participate
(5) MINORITY-SERVING INSTITUTION.—The
matters covered under section 2404(d)(7). in the Manufacturing USA Program or the
term ‘‘minority-serving institution’’ means (f) PARTICIPATION OF MINORITY-SERVING IN- Manufacturing USA Network without a
an eligible institution described in section STITUTIONS, HISTORICALLY BLACK COLLEGES waiver, as described in paragraph (1)(C).
371(a) of the Higher Education Act of 1965 (20 AND UNIVERSITIES, AND TRIBAL COLLEGES AND (h) COORDINATION OF MANUFACTURING USA
U.S.C. 1067q(a)). UNIVERSITIES.— INSTITUTES.—
(6) NATIONAL PROGRAM OFFICE.—The term (1) IN GENERAL.—The Secretary of Com- (1) IN GENERAL.—Section 34(h) of the Na-
‘‘National Program Office’’ means the Na- merce, in consultation with the Secretary of tional Institute of Standards and Technology
tional Program Office established under sec- Energy, the Secretary of Defense, and the Act (15 U.S.C. 278s(h)) is amended by adding
tion 34(h)(1) of the National Institute of heads of such other Federal agencies as the at the end the following:
Standards and Technology Act (15 U.S.C. Secretary of Commerce considers relevant, ‘‘(7) COUNCIL FOR COORDINATION OF INSTI-
278s(h)(1)). shall coordinate with existing and new Man- TUTES.—
(7) TRIBAL COLLEGE OR UNIVERSITY.—The ufacturing USA institutes to integrate cov- ‘‘(A) COUNCIL.—The National Program Of-
term ‘‘Tribal college or university’’ has the ered entities as active members of the Manu- fice shall establish or designate a council of
meaning given the term in section 316(b)(3) facturing USA institutes, including through heads of any Manufacturing USA institute
of the Higher Education Act of 1965 (20 U.S.C. the development of preferences in selection receiving Federal funding at any given time
1059c(b)(3)). criteria for proposals to create new Manufac- to foster collaboration between Manufac-
(b) AUTHORIZATION OF APPROPRIATIONS TO turing USA institutes or renew existing turing USA institutes.
ENHANCE AND EXPAND MANUFACTURING USA Manufacturing USA institutes that are led ‘‘(B) MEETINGS.—The council established or
PROGRAM AND SUPPORT INNOVATION AND by a covered entity. designated under subparagraph (A) shall
GROWTH IN DOMESTIC MANUFACTURING.— (2) COVERED ENTITIES.—For purposes of this meet not less frequently than twice each
There is authorized to be appropriated subsection, a covered entity is— year.
$1,200,000,000 for the period of fiscal years (A) a minority-serving institution; ‘‘(C) DUTIES OF THE COUNCIL.—The council
2022 through 2026 for the Secretary of Com- (B) an historically Black college or univer- established under subparagraph (A) shall as-
merce, acting through the Director of the sity; sist the National Program Office in carrying
National Institute of Standards and Tech- (C) a Tribal college or university; or out the functions of the National Program
nology and in consultation with the Sec- (D) a minority business enterprise (as de- Office under paragraph (2).’’.
retary of Energy, the Secretary of Defense, fined in section 1400.2 of title 15, Code of Fed- (2) REPORT REQUIRED.—Not later than 180
and the heads of such other Federal agencies eral Regulations, or successor regulation). days after the date on which the council is
as the Secretary of Commerce considers rel- (g) DEPARTMENT OF COMMERCE POLICIES TO established under section 34(h)(7)(A) of the
evant— PROMOTE DOMESTIC PRODUCTION OF TECH- National Institute of Standards and Tech-
(1) to carry out the Manufacturing USA NOLOGIES DEVELOPED UNDER MANUFACTURING nology Act, as added by paragraph (1), the
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Program, including by awarding financial as- USA PROGRAM.— council shall submit to the National Pro-
sistance under section 34(e) of the National (1) POLICIES.— gram Office a report containing rec-
Institute of Standards and Technology Act (A) IN GENERAL.—Each agency head (as de- ommendations for improving inter-network
(15 U.S.C. 278s(e)) for Manufacturing USA in- fined in section 34(a) of the National Insti- collaboration.
stitutes that were in effect on the day before tute of Standards and Technology Act (15 (3) SUBMITTAL TO CONGRESS.—Not later
the date of the enactment of this division; U.S.C. 278s(a))) and the Secretary of Defense than 30 days after the date on which the re-
and shall, in consultation with the Secretary of port required by paragraph (2) is submitted
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1335
to the National Program Office, the Director ‘‘(A) developing technology demonstration sources, the Committee on Armed Services,
of the National Institute of Standards and laboratories; and the Committee on Appropriations of the
Technology shall submit such report to the ‘‘(B) services for the adoption of advanced Senate; and
Committee on Commerce, Science, and technologies, including smart manufacturing (B) the Committee on Education and
Transportation, the Committee on Energy technologies and practices; and Labor, the Committee on Science, Space,
and Natural Resources, and the Committee ‘‘(C) establishing partnerships, for the de- and Technology, the Committee on Energy
on Armed Services of the Senate and the velopment, demonstration, and deployment and Commerce, the Committee on Armed
Committee on Science, Space, and Tech- of advanced technologies, with— Services, and the Committee on Appropria-
nology of the House of Representatives. ‘‘(i) national laboratories (as defined in tions of the House of Representatives.
(i) REQUIREMENT FOR NATIONAL PROGRAM section 2 of the Energy Policy Act of 2005 (42 (3) SECRETARY.—The term ‘‘Secretary’’
OFFICE TO DEVELOP STRATEGIES FOR RETAIN- U.S.C. 15801)); means the Secretary of Commerce.
ING DOMESTIC PUBLIC BENEFIT AFTER CEASE ‘‘(ii) Federal laboratories; (b) ESTABLISHMENT.—
OF FEDERAL FUNDING.—Section 34(h)(2)(C) of ‘‘(iii) Manufacturing USA institutes (as de- (1) IN GENERAL.—The Secretary, in con-
the National Institute of Standards and scribed in section 2402 of the Endless Fron- sultation with the Secretary of Labor, the
Technology Act (15 U.S.C. 278s(h)(2)(C)) is tiers Act); and Secretary of Defense, the Secretary of En-
amended by inserting ‘‘, including a strategy ‘‘(iv) institutions of higher education. ergy, and the Secretary of Education, shall
for retaining domestic public benefits from ‘‘(4) To build capabilities across the Hol- establish within the Department of Com-
Manufacturing USA institutes once Federal lings Manufacturing Extension Partnership merce the National Manufacturing Advisory
funding has been discontinued’’ after ‘‘Pro- for domestic supply chain resiliency and op- Council.
gram’’. timization, including— (2) PURPOSE.—The purpose of the Advisory
(j) MODIFICATION OF FUNCTIONS OF NA- ‘‘(A) assessment of domestic manufac- Council shall be to—
TIONAL PROGRAM OFFICE TO INCLUDE DEVEL- turing capabilities, expanded capacity for re- (A) provide worker education, training, de-
OPMENT OF INDUSTRY CREDENTIALS.—Section searching and deploying information on sup- velopment, and entrepreneurship training;
34(h)(2)(J) of the National Institute of Stand- ply chain risk, hidden costs of reliance on (B) connect individuals and business with
ards and Technology Act (15 U.S.C. offshore suppliers, and other relevant topics; the services described in subparagraph (A)
278s(h)(2)(J)) is amended by inserting ‘‘, in- and that are offered in the community of the in-
cluding the development of industry creden- ‘‘(B) expanded services to provide industry- dividuals or businesses;
tials’’ after ‘‘activities’’. wide support that assists United States man- (C) coordinate services relating to em-
SEC. 2403.
ESTABLISHMENT OF EXPANSION ufacturers with reshoring manufacturing to ployee engagement, including employee own-
AWARDS PROGRAM IN HOLLINGS strengthen the resiliency of domestic supply ership and workforce training;
MANUFACTURING EXTENSION PART- chains, including in critical technology
NERSHIP AND AUTHORIZATION OF
(D) connect manufacturers with career and
areas and foundational manufacturing capa- technical education entities, institutions of
APPROPRIATIONS FOR THE PART- bilities that are key to domestic manufac-
NERSHIP. higher education, community colleges, work-
turing competitiveness and resiliency, in- force development boards, labor organiza-
(a) ESTABLISHMENT OF EXPANSION AWARDS cluding forming, casting, machining, joining,
PROGRAM.—The National Institute of Stand- tions, and nonprofit job training providers to
surface treatment, tooling, and metal or develop and support training and job place-
ards and Technology Act (15 U.S.C. 271 et chemical refining.
seq.) is amended by inserting after section ment services and apprenticeship and online
‘‘(e) REIMBURSEMENT.—The Director may
25A (15 U.S.C. 278k–1) the following: learning platforms for new and incumbent
reimburse Centers for costs incurred by the
‘‘SEC. 25B. EXPANSION AWARDS PROGRAM. workers;
Centers under this section.
‘‘(a) DEFINITIONS.—The terms used in this ‘‘(f) PROGRAM CONTRIBUTION.—Recipients of (E) develop programming to prevent job
section have the meanings given the terms awards under this section shall not be re- losses as entities adopt new technologies and
in section 25. quired to provide a matching contribution.’’. processes; and
‘‘(b) ESTABLISHMENT.—The Director shall (b) AUTHORIZATION OF APPROPRIATIONS.— (F) develop best practices for employee
establish, subject to the availability of ap- (1) IN GENERAL.—There is authorized to be ownership.
propriations, within the Hollings Manufac- appropriated to carry out the Hollings Manu- (c) MISSION.—The mission of the Advisory
turing Extension Partnership under sections facturing Extension Partnership program Council shall be to—
25 and 26 a program of expansion awards under sections 25, 25A, and 26 of the National (1) ensure regular communication between
among participants described in subsection Institute of Standards and Technology Act the Federal Government and the manufac-
(c) of this section for the purposes described (15 U.S.C. 278k, 278k–1, and 278l), and section turing sector in the United States;
in subsection (d) of this section. 25B of such Act, as added by subsection (a), (2) advise the Federal Government regard-
‘‘(c) PARTICIPANTS.—Participants receiving $480,000,000 for each of fiscal years 2022 ing policies and programs of the Federal
awards under this section shall be Centers, through fiscal year 2026. Government that affect manufacturing in
or a consortium of Centers. (2) BASE FUNDING.—Of the amounts appro- the United States;
‘‘(d) PURPOSE OF AWARDS.—An award under priated pursuant to the authorization in (3) provide a forum for discussing and pro-
this section shall be made for one or more of paragraph (1), $216,000,000 shall be available posing solutions to problems relating to the
the following purposes: in each fiscal year to carry out the Hollings manufacturing industry in the United
‘‘(1) To provide worker education, training, Manufacturing Extension Partnership under States; and
development, and entrepreneurship training sections 25 and 25A of such Act (15 U.S.C. (4) ensure that the United States remains
and to connect individuals or business with 278k and 278k–1), of which $40,000,000 shall the preeminent destination throughout the
such services offered in their community, not be subject to cost share requirements world for investment in manufacturing.
which may include employee ownership and under subsection (e)(2) of such section: Pro- (d) DUTIES.—The duties of the Advisory
workforce training, connecting manufactur- vided, That the authority made available Council shall include—
ers with career and technical education enti- pursuant to this section shall be elective for (1) meeting not less frequently than every
ties, institutions of higher education (includ- any Manufacturing Extension Partnership 180 days to provide independent advice and
ing community colleges), workforce develop- Center that also receives funding from a recommendations to the Secretary regarding
ment boards, State government programs for State that is conditioned upon the applica- issues involving manufacturing in the United
advanced manufacturing, entities (such as tion of a Federal cost sharing requirement. States;
public-private partnerships) or a collection (3) EXPANSION AWARD PROGRAM.—Of the (2) completing specific tasks requested by
of entities and individuals carrying out an amounts appropriated pursuant to the au- the Secretary;
advanced manufacturing forum that would thorization in paragraph (1), $264,000,000 shall (3) conveying input from key industry,
serve educationally underrepresented indi- be available each fiscal year to carry out labor, academic, defense, governmental, and
viduals (such as underrepresented racial and section 25B of such Act, as added by sub- other stakeholders to aid in the development
ethnic minorities), labor organizations, and section (a). of a national strategic plan for manufac-
nonprofit job training providers to develop SEC. 2404. NATIONAL MANUFACTURING ADVI- turing in the United States;
and support training and job placement serv- SORY COUNCIL. (4) monitoring the status of technological
ices, apprenticeship and online learning plat- (a) DEFINITIONS.—In this section: developments, critical production capacity,
forms, for new and incumbent workers, pro- (1) ADVISORY COUNCIL.—The term ‘‘Advi- skill availability, investment patterns,
gramming to prevent job losses when adopt- sory Council’’ means the National Manufac- emerging defense needs, and other key indi-
ing new technologies and processes, and de- turing Advisory Council established under cators of manufacturing competitiveness to
velopment of employee ownership practices. subsection (b)(1). provide foresight for periodic updates to the
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‘‘(2) To mitigate vulnerabilities to (2) APPROPRIATE COMMITTEES OF CON- national strategic plan for manufacturing
cyberattacks, including helping to offset the GRESS.—The term ‘‘appropriate committees developed under paragraph (3);
cost of cybersecurity projects for small man- of Congress’’ means— (5) soliciting input from the public and pri-
ufacturers. (A) the Committee on Health, Education, vate sectors and academia relating to emerg-
‘‘(3) To expand advanced technology serv- Labor, and Pensions, the Committee on Com- ing trends in manufacturing, the responsive-
ices to small- and medium-sized manufactur- merce, Science, and Transportation, the ness of Federal programming with respect to
ers, which may include— Committee on Energy and Natural Re- manufacturing, and suggestions for areas of
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S1336 CONGRESSIONAL RECORD — SENATE March 22, 2022
increased Federal attention with respect to (B) RENEWAL.—The Secretary may renew (B) develop or revise a national strategy to
manufacturing; an appointment made under subparagraph improve the national competitiveness of the
(6) monitoring global manufacturing (A) not more than 2 additional terms United States in science, research, and inno-
trends and global threats to manufacturing (C) STAGGER TERMS.—The Secretary may vation to support the national security
sectors in the United States; stagger the terms of the members of the Ad- strategy; and
(7) providing advice and recommendations visory Council to ensure that the terms of (C) submit to Congress—
to the Federal Government on matters relat- the members expire during different years. (i) a report on the findings of the Director
ing to investment in and support of the man- (D) VACANCIES.—Any member appointed to with respect to the review conducted under
ufacturing workforce relating to— fill a vacancy on the Advisory Council occur- subparagraph (A); and
(A) worker participation, including ring before the expiration of the term for (ii) the strategy developed or revised under
through labor organizations and through which the member’s predecessor was ap- subparagraph (B).
other methods determined by the Advisory pointed shall be appointed only for the re- (2) TERMINATION.—The requirement of
Council, in the planning for deployment of mainder of that term. A member may serve paragraph (1) shall terminate on the date
new technologies across an industry and after the expiration of that term until a suc- that is 5 years after the date of the enact-
within workplaces; cessor has been appointed. ment of this Act.
(f) TRANSFER OF FUNCTIONS.— (c) ELEMENTS.—
(B) training and education priorities for
(1) IN GENERAL.—All functions of the (1) REPORT.—Each report submitted under
the Federal Government and for employers
United States Manufacturing Council of the subsection (b)(1)(C)(i) shall include the fol-
to assist workers in adapting the skills and
International Trade Administration of the lowing:
experiences of those workers to fit the de-
Department of Commerce, including the per- (A) An assessment of public and private in-
mands of the 21st century economy; vestment in civilian and military science
(C) innovative suggestions from workers on sonnel, assets, and obligations of the United
States Manufacturing Council of the Inter- and technology and its implications for the
the development of new technologies and geostrategic position of the United States.
processes and, as appropriate, assessing the national Trade Administration of the De-
partment of Commerce, as in existence on (B) A description of the prioritized eco-
impact of those technologies and processes nomic security interests and objectives, in-
on the workforce and economy of the United the day before the date of enactment of this
division, shall be transferred to the Advisory cluding domestic job creation, of the United
States; States relating to science, research, and in-
(D) management practices that lead to Council.
(2) DEEMING OF NAME.—Any reference in novation and an assessment of how invest-
worker employment, job quality, worker pro- ment in civilian and military science and
law, regulation, document, paper, or other
tection, worker participation and power in technology can advance those objectives.
record of the United States to the United
decision making, and investment in worker (C) An assessment of global trends in
States Manufacturing Council of the Inter-
career success; science and technology, including potential
national Trade Administration of the De-
(E) policies and procedures to prioritize di- threats to the leadership of the United
partment of Commerce shall be deemed a ref-
versity and inclusion in the manufacturing States in science and technology.
erence to the Advisory Council.
and technology workforce by expanding ac- (D) An assessment of the national debt and
(3) UNEXPENDED BALANCES.—Unexpended
cess to job, career advancement, and man- its implications for the economic and na-
balances of appropriations, authorization, al-
agement opportunities for underrepresented tional security of the United States.
locations, or other funds related to the
populations; and (E) An assessment of how regional efforts
United States Manufacturing Council of the
(F) advice on how to improve access to de- are contributing and could contribute to the
International Trade Administration of the
mand-driven education, training, and re- innovation capacity of the United States, in-
Department of Commerce shall be available
training for workers, including community cluding programs run by State and local gov-
for use by the Advisory Council for the pur-
and technical colleges, higher education, ap- ernments.
pose for which the appropriations, authoriza-
prenticeships and work-based learning oppor- (F) An assessment of—
tions, allocations, or other funds were origi-
tunities; (i) workforce needs for competitiveness in
nally made available.
(8) with respect to the manufacturing.gov (g) REPORT.—Not later than 180 days after key technology focus areas; and
website, or any successor thereto, providing the date on which the Advisory Council (ii) any efforts needed—
input and improvements in order to— holds the initial meeting of the Advisory (I) to expand pathways into key tech-
(A) make that website more user-friendly Council and annually thereafter, the Advi- nology focus areas; and
to enhance the ability of that website to— sory Council shall submit to the appropriate (II) to improve workforce development and
(i) provide information to manufacturers; committees of Congress a report containing employment systems, as well as programs
and a detailed statement of the advice and rec- and practices to upskill incumbent workers.
(ii) receive feedback from manufacturers; ommendations of the Advisory Council re- (G) An assessment of barriers to competi-
(B) assist that website in becoming the quired under subsection (d)(7). tiveness and barriers to the development and
principal place of interaction between manu- evolution of start-ups, small and mid-sized
TITLE V—MISCELLANEOUS
facturers in the United States and Federal business entities, and industries.
SEC. 2501. STRATEGY AND REPORT ON ECO- (H) An assessment of the effectiveness of
programs relating to manufacturing; and NOMIC SECURITY, SCIENCE, RE-
(C) enable that website to provide assist- SEARCH, AND INNOVATION TO SUP-
the Federal Government, federally funded re-
PORT THE NATIONAL SECURITY search and development centers, and na-
ance to manufacturers relating to—
STRATEGY. tional labs in supporting and promoting
(i) international trade and investment
(a) NATIONAL SECURITY STRATEGY DE- technology commercialization and tech-
matters;
FINED.—In this section, the term ‘‘national nology transfer, including an assessment of
(ii) research and technology development
security strategy’’ means the national secu- the adequacy of Federal research and devel-
opportunities;
rity strategy required by section 108 of the opment funding in creating new domestic
(iii) workforce development and training
National Security Act of 1947 (50 U.S.C. 3043). manufacturing growth and job creation
programs and opportunities;
(b) STRATEGY AND REPORT.— across sectors and promoting competitive-
(iv) small and medium manufacturer
(1) IN GENERAL.—Not later than 90 days ness and the development of new tech-
needs; and
after the transmission of each national secu- nologies.
(v) industrial commons and supply chain
rity strategy under section 108(a) of the Na- (I) An assessment of manufacturing capac-
needs. tional Security Act of 1947 (50 U.S.C. 3043(a)), ity, logistics, and supply chain dynamics of
(e) MEMBERSHIP.— the Director of the Office of Science and major export sectors, including access to a
(1) IN GENERAL.—The Advisory Council Technology Policy shall, in coordination skilled workforce, physical infrastructure,
shall— with the National Science and Technology and broadband network infrastructure.
(A) consist of individuals appointed by the Council, the Director of the National Eco- (J) An assessment of how the Federal Gov-
Secretary with a balance of backgrounds, ex- nomic Council, and the heads of such other ernment is increasing the participation of
periences, and viewpoints; and relevant Federal agencies as the Director of underrepresented populations in science, re-
(B) include an equal proportion of individ- the Office of Science and Technology Policy search, innovation, and manufacturing.
uals with manufacturing experience who rep- considers appropriate and in consultation (K) An assessment of public-private part-
resent private industry, academia, and labor with such nongovernmental partners as the nerships in technology commercialization,
organizations. Director of the Office of Science and Tech- including—
(2) PUBLIC PARTICIPATION.—The Secretary nology Policy considers appropriate— (i) the structure of current technology re-
shall, to the maximum extent practicable, (A) review such strategy, programs, and re- search and commercialization arrangements
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accept recommendations from the public re- sources as the Director of the Office of with regard to public-private partnerships;
garding the appointment of individuals Science and Technology Policy determines and
under paragraph (1). pertain to United States national competi- (ii) the extent to which intellectual prop-
(3) PERIOD OF APPOINTMENT; VACANCIES.— tiveness in science, research, innovation, and erty developed with Federal funding—
(A) IN GENERAL.—Each member of the Ad- technology transfer, including patenting and (I) is being used to manufacture in the
visory Council shall be appointed by the Sec- licensing, to support the national security United States rather than in other countries;
retary for a term of 3 years. strategy; and
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1337
(II) is being used by foreign business enti- Regulations, or a successor regulation), or (B) Matters relating to the recommenda-
ties that are majority owned or controlled minority owned greater than 25 percent by— tions developed under paragraph (1)(B), in-
(as defined in section 800.208 of title 31, Code (aa) any governmental organization of the cluding with respect to education and work-
of Federal Regulations, or a successor regu- People’s Republic of China; or force development necessary to address each
lation), or minority owned greater than 25 (bb) any other entity that is— of the challenges identified under paragraph
percent by— (AA) known to be owned or controlled by (1)(A).
(aa) any governmental organization of the any governmental organization of the Peo- (C) Matters related to the review of key
People’s Republic of China; or ple’s Republic of China; or technology focus areas by the Director of the
(bb) any other entity that is— (BB) organized under, or otherwise subject National Science Foundation under section
(AA) known to be owned or controlled by to, the laws of the People’s Republic of 2005.
any governmental organization of the Peo- China. (D) An assessment of the current relative
ple’s Republic of China; or (xii) An identification of additional re- balance in leadership in addressing the chal-
(BB) organized under, or otherwise subject sources, administrative action, or legislative lenges identified in paragraph (1)(A) between
to, the laws of the People’s Republic of action recommended to assist with the im- the United States, allies or key partners of
China. plementation of such strategy. the United States, and the People’s Republic
(2) STRATEGY.—Each strategy submitted (d) RESEARCH AND DEVELOPMENT FUND- of China.
under subsection (b)(1)(C)(ii) shall include ING.—The Director of the Office of Science (3) TIMEFRAME.—
the following: and Technology Policy shall, as the Director (A) AGREEMENT.—The Secretary of Com-
(A) A plan to utilize available tools to ad- considers necessary, consult with the Direc- merce shall seek to enter into the agreement
dress or minimize the leading threats and tor of the Office of Management and Budget required by paragraph (1) on or before the
challenges and to take advantage of the lead- and with the heads of such other elements of date that is 60 days after the date of enact-
ing opportunities, particularly in regards to the Executive Office of the President as the ment of this Act.
key technology focus areas central to inter- Director of the Office of Science and Tech- (B) FINDINGS.—Under an agreement entered
national competition, including the fol- nology Policy considers appropriate to en- into under paragraph (1), the National Acad-
lowing: sure that the recommendations and prior-
emies of Sciences, Engineering, and Medicine
(i) Specific objectives, tasks, metrics, and ities with respect to research and develop-
shall, not later than 1 year after the date on
milestones for each relevant Federal agency. ment funding as expressed in the most recent
which the Secretary of Commerce and the
(ii) Strategic objectives and priorities nec- report and strategy submitted under sub-
National Academies enter into such agree-
essary to maintain the leadership of the section (b)(1)(C) are incorporated into the de-
velopment of annual budget requests for Fed- ment, transmit to the Secretary of Com-
United States in science and technology, in- merce the findings of the National Acad-
cluding near-term, medium-term, and long- eral research agencies.
(e) PUBLICATION.—The Director of the Of- emies with respect to the study conducted
term research priorities. pursuant to such agreement.
(iii) Specific plans to safeguard research fice of Science and Technology Policy shall,
consistent with the protection of national (c) REPORT.—
and technology funded, as appropriate, in
security and other sensitive matters and (1) IN GENERAL.—Not later than 30 days
whole or in part, by the Federal Govern-
otherwise to the maximum extent prac- after the date on which the Secretary of
ment, including in the key technology focus
ticable, make each report submitted under Commerce receives the findings of the Na-
areas, from theft or exfiltration by foreign
subsection (b)(1)(C)(i) publicly available on tional Academies of Sciences, Engineering,
entities of concern.
an internet website of the Office of Science and Medicine with respect to the study con-
(iv) Specific plans to support public and
and Technology Policy. The report may in- ducted under subsection (b), the Secretary of
private sector investment in research, tech-
clude a classified annex if the working group Commerce shall submit to Congress a
nology development, education and work-
determines appropriate. ‘‘Strategy to Ensure American Leadership’’
force development, and domestic manufac-
turing supportive of the national economic SEC. 2502. PERSON OR ENTITY OF CONCERN PRO- report on such study.
HIBITION. (2) CONTENTS.—The report submitted under
competitiveness of the United States and to
No person published on the list under sec- paragraph (1) shall include the following:
foster the use of public-private partnerships.
tion 1237(b) of the Strom Thurmond National (A) The findings of the National Academies
(v) Specific plans to promote sustain-
Defense Authorization Act for Fiscal Year of Sciences, Engineering, and Medicine with
ability practices and strategies for increas-
1999 (Public Law 105–261; 50 U.S.C. 1701 note) respect to the study conducted under sub-
ing jobs in the United States.
or entity identified under section 1260H of section (b).
(vi) A description of—
the William M. (Mac) Thornberry National (B) The conclusions of the Secretary of
(I) how the strategy submitted under sub- Defense Authorization Act for Fiscal Year
section (b)(1)(C)(ii) supports the national se- Commerce with respect to such findings.
2021 (Public Law 116–283) may receive or par- (C) The recommendations developed under
curity strategy; and ticipate in any grant, award, program, sup-
(II) how the strategy submitted under such subsection (b)(1)(B).
port, or other activity under— (D) Such other recommendations for legis-
subsection is integrated and coordinated (1) the Directorate established in section
with the most recent national defense strat- lative or administrative action as the Sec-
2102; retary of Commerce may have with respect
egy under section 113(g) of title 10, United (2) the supply chain resiliency program
States Code. to such findings and conclusions.
under section 2505; (3) CLASSIFIED ANNEX.—The report sub-
(vii) A plan to encourage the governments
(3) section 28(b)(1) of the Stevenson-Wydler mitted under paragraph (1) shall be sub-
of countries that are allies or partners of the
Technology Innovation Act of 1980 (15 U.S.C. mitted in unclassified form, but may include
United States to cooperate with the execu-
3701 et seq.), as added by section 2401(a); or a classified annex if the Secretary of Com-
tion of the strategy submitted under sub-
(4) the Manufacturing USA Program, as merce determines appropriate.
section (b)(1)(C)(ii), where appropriate.
improved and expanded under section 2402. (d) INFORMATION FROM FEDERAL AGEN-
(viii) A plan for how the United States
SEC. 2503. STUDY ON EMERGING SCIENCE AND CIES.—
should develop local and regional capacity TECHNOLOGY CHALLENGES FACED
for building innovation ecosystems across BY THE UNITED STATES AND REC-
(1) IN GENERAL.—The National Academies
the Nation by providing Federal support. OMMENDATIONS TO ADDRESS THEM. of Sciences, Engineering, and Medicine may
(ix) A plan for strengthening the industrial (a) SHORT TITLE.—This section may be secure directly from a Federal department or
base of the United States. cited as the ‘‘National Strategy to Ensure agency such information as the National
(x) A plan to remove or update overly bur- American Leadership Act of 2021’’ or the Academies of Sciences, Engineering, and
densome or outdated Federal regulations as ‘‘National SEAL Act of 2021’’. Medicine consider necessary to carry out the
appropriate. (b) STUDY.— study under subsection (b).
(xi) A plan— (1) IN GENERAL.—The Secretary of Com- (2) FURNISHING INFORMATION.—On request
(I) to further incentivize industry partici- merce shall seek to enter into an agreement of the National Academies of Sciences, Engi-
pation in public-private partnerships for the with the National Academies of Sciences, neering, and Medicine for information, the
purposes of accelerating technology research Engineering, and Medicine to conduct a head of the department or agency shall fur-
and commercialization, including alternate study— nish such information to the National Acad-
ways of accounting for in-kind contributions (A) to identify the 10 most critical emerg- emies of Sciences, Engineering, and Medi-
and value of partially manufactured prod- ing science and technology challenges facing cine.
ucts; the United States; and (e) CONSULTATION.—The Secretary of De-
(II) to ensure that intellectual property de- (B) to develop recommendations for legis- fense and the Director of National Intel-
veloped with Federal funding is commer- lative or administrative action to ensure ligence shall provide support upon request
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cialized in the United States; and United States leadership in matters relating from the Secretary of Commerce or the Na-
(III) to ensure, to the maximum appro- to such challenges. tional Academies to carry out this section.
priate extent, that intellectual property de- (2) ELEMENTS.—The study conducted under (f) NON-DUPLICATION OF EFFORT.—In car-
veloped with Federal funding is not being paragraph (1) shall include identification, re- rying out subsection (b), the Secretary of
used by foreign business entities that are view, and evaluation of the following: Commerce shall, to the degree practicable,
majority owned or controlled (as defined in (A) Matters pertinent to identification of coordinate with the steering committee es-
section 800.208 of title 31, Code of Federal the challenges described in paragraph (1)(A). tablished under section 236(a) of the William
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S1338 CONGRESSIONAL RECORD — SENATE March 22, 2022
M. (Mac) Thornberry National Defense Au- tion that is not customarily in the public do- ical goods to both the United States and
thorization Act for Fiscal Year 2021 (Public main and relating to— companies of countries that are allies of the
Law 116–283). (A) sustaining and adapting supply chains United States; and
SEC. 2504. REPORT ON GLOBAL SEMICONDUCTOR during a supply chain shock, including pan- (B) coordinate with other divisions of the
SHORTAGE. demic and biological threats, cyberattacks, Department of Commerce and other Federal
Not later than 1 year after the date of en- extreme weather events, terrorist and geo- agencies to leverage existing authorities, as
actment of this division, the Comptroller political attacks, great power conflict, and of the date of enactment of this division, to
General of the United States shall submit to other threats to national security; encourage resilient supply chains.
Congress a report on the global semicon- (B) the development of supply chain risk (e) COORDINATION GROUP.—In carrying out
ductor supply shortage and the impact of mitigation and recovery planning with re- the activities under subsection (d), the Sec-
that shortage on manufacturing in the spect to a supply chain shock, including any retary may—
United States. planned or past assessment, projection, or (1) establish a unified coordination group,
SEC. 2505. SUPPLY CHAIN RESILIENCY PROGRAM. estimate of a vulnerability within the supply which may include private sector partners,
(a) DEFINITIONS.—In this section: chain, including testing, supplier network as appropriate, to serve as the primary
(1) CRITICAL INDUSTRY.—The term ‘‘critical assessments, production flexibility, risk method for coordinating between and among
industry’’ means an industry identified evaluations thereto, risk management plan- Federal agencies to plan for supply chain
under subsection (f)(1)(A)(i). ning, or risk audits; or shocks;
(2) CRITICAL INFRASTRUCTURE.—The term (C) operational best practices, planning, (2) establish subgroups of the unified co-
‘‘critical infrastructure’’ has the meaning and supplier partnerships that enable en- ordination group established under para-
given the term in the Critical Infrastruc- hanced supply chain resilience during a sup- graph (1) led by the head of an appropriate
tures Protection Act of 2001 (42 U.S.C. 5195c). ply chain shock, including response, repair, Federal agency;
(3) LABOR ORGANIZATION.—The term ‘‘labor recovery, reconstruction, insurance, or con- (3) through the unified coordination group
organization’’ has the meaning given the tinuity. established under paragraph (1)—
term in section 2101. (b) ESTABLISHMENT.—The Secretary shall
(A) acquire on a voluntary basis technical,
(4) PROGRAM.—The term ‘‘program’’ means establish in the Department of Commerce a
engineering, and operational supply chain in-
the supply chain resiliency and crisis re- supply chain resiliency and crisis response
formation from the private sector, in a man-
sponse program established under subsection program to carry out the activities described
ner that ensures any supply chain informa-
(b). in subsection (d).
(c) MISSION.—The mission of the program tion provided by the private sector is kept
(5) RESILIENT SUPPLY CHAIN.—The term ‘‘re-
silient supply chain’’ means a supply chain shall be to— confidential and as required under section
that— (1) help to promote the leadership of the 552 of title 5, United States Code (commonly
(A) ensures that the United States can sus- United States with respect to critical indus- known as the ‘‘Freedom of Information
tain critical industry production, supply tries that are essential to the mid-term and Act)’’;
chains, services, and access to critical goods long-term national security of the United (B) study the supply chain information ac-
and services during supply chain shocks, in- States; and quired under subparagraph (A) to assess crit-
cluding pandemic and biological threats, (2) encourage partnerships between the ical industry supply chain resilience and in-
cyberattacks, extreme weather events, ter- Federal Government and industry, labor or- form planning;
rorist and geopolitical attacks, great power ganizations, and State, local, territorial, and (C) convene with relevant private sector
conflicts, and other threats to the national Tribal governments in order to— entities to share best practices, planning,
security of the United States; and (A) promote resilient supply chains; and and capabilities to response to potential sup-
(B) has key components of resilience that (B) respond to critical industry supply ply chain shocks; and
include— chain shocks. (D) develop contingency plans and coordi-
(i) effective private sector risk manage- (d) ACTIVITIES.—Under the program, the nation mechanisms to ensure an effective
ment and mitigation planning to sustain Secretary, acting through 1 or more bureaus and coordinated response to potential supply
critical supply chains and supplier networks or other divisions of the Department of Com- chain shocks; and
during a supply chain shock; merce as appropriate, shall carry out activi- (4) enter into agreements with govern-
(ii) minimized or managed exposure to sup- ties— ments of countries that are allies or partners
ply chain shocks; and (1) in coordination with the private sector, of the United States relating to enhancing
(iii) the financial and operational capacity to— critical industry supply chain security and
to— (A) map and monitor critical industry sup- resilience in response to supply chain
(I) sustain critical industry supply chains ply chains; and shocks.
during shocks; and (B) identify high priority supply chain gaps (f) REPORT ON SUPPLY CHAIN RESILIENCY
(II) recover from supply chain shocks. and vulnerabilities in critical industries AND DOMESTIC MANUFACTURING.—
(6) RELEVANT COMMITTEES OF CONGRESS.— that— (1) IN GENERAL.—Not later than 1 year after
The term ‘‘relevant committees of Congress’’ (i) exist as of the date of enactment of this the date of enactment of this division, and
means— division; or from time to time thereafter, the Secretary,
(A) the Committee on Commerce, Science, (ii) are anticipated in the future; in coordination with relevant Federal agen-
and Transportation of the Senate; (2) in coordination with the private sector cies and relevant private sector entities,
(B) the Committee on Appropriations of and State, local, territorial, and Tribal gov- labor organizations, and State, local, terri-
the Senate; ernments, and as appropriate, in cooperation torial, and Tribal governments, shall submit
(C) the Committee on Finance of the Sen- with the governments of countries that are to the relevant committees of Congress a re-
ate; allies or key international partners of the view that—
(D) the Committee on Homeland Security United States, to— (A) identifies—
and Governmental Affairs of the Senate; (A) identify opportunities to reduce supply (i) industries that are critical for the na-
(E) the Committee on Armed Services of chain gaps and vulnerabilities in critical in- tional security of the United States, consid-
the Senate; dustries; ering the key technology focus areas under
(F) the Committee on Energy and Natural (B) encourage partnerships between the this division and critical infrastructure; and
Resources of the Senate; Federal Government and industry, labor or- (ii) supplies that are critical to the crisis
(G) the Select Committee on Intelligence ganizations, and State, local, territorial, and preparedness of the United States;
of the Senate; Tribal governments to better respond to sup- (B) describes—
(H) the Committee on Science, Space, and ply chain shocks to critical industries and (i) the manufacturing base and supply
Technology of the House of Representatives; coordinate response efforts; chains for critical industries in the United
(I) the Committee on Energy and Com- (C) develop or identify opportunities to States as of the date of enactment of this di-
merce of the House of Representatives; build the capacity of the United States, or vision, including the manufacturing base and
(J) the Committee on Appropriations of countries that are allies of the United supply chains for—
the House of Representatives; States, in critical industries; and (I) raw materials;
(K) the Committee on Ways and Means of (D) develop contingency plans and coordi- (II) production equipment; and
the House of Representatives; nation mechanisms to improve critical in- (III) other goods, including semiconduc-
(L) the Committee on Homeland Security dustry supply chain response to supply chain tors, that are essential to the production of
of the House of Representatives; shocks; and technologies and supplies for critical indus-
(M) the Committee on Armed Services of (3) acting within existing authorities of the tries; and
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the House of Representatives; and Department of Commerce and in coordina- (ii) the ability of the United States to—
(N) the Permanent Select Committee on tion with the Secretary of State and the (I) maintain readiness; and
Intelligence of the House of Representatives. United States Trade Representative, to— (II) in response to a supply chain shock—
(7) SECRETARY.—The term ‘‘Secretary’’ (A) work with governments of countries (aa) surge production in critical industries;
means the Secretary of Commerce. that are allies or partners of the United and
(8) SUPPLY CHAIN INFORMATION.—The term States to promote diversified and resilient (bb) maintain access to critical goods and
‘‘supply chain information’’ means informa- supply chains that ensure the supply of crit- services;
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1339
(C) identifies defense, intelligence, home- (ii) recommends coordination with those (3) that requests assistance from the Sec-
land, economic, domestic labor supply, nat- countries on— retary to implement any measure or rec-
ural, geopolitical, or other contingencies (I) sourcing critical raw materials, inputs, ommendation suggested by the Secretary.
that may disrupt, strain, compromise, or and products; and (k) PROTECTIONS.—
eliminate the supply chain for those critical (II) sustaining production and availability (1) IN GENERAL.—
industries; of critical supplies during a supply chain (A) PROTECTIONS.—Subsections (a)(1), (b),
(D) assesses— shock; (c), and (d) of section 2224 of the Homeland
(i) the resiliency and capacity of the manu- (I) monitors and makes recommendations Security Act of 2002 (6 U.S.C. 673) shall apply
facturing base, supply chains, and workforce for strengthening the financial and oper- to the voluntary submission of supply chain
of the United States, the allies of the United ational health of small and medium-sized information by a private entity under this
States, and the partners of the United States businesses in supply chains of the United section in the same manner as those provi-
that can sustain critical industries through States and countries that are allies or part- sions apply to critical infrastructure infor-
a supply chain shock; and ners of the United States to mitigate risks mation voluntarily submitted to a covered
(ii) any single points of failure in the sup- and ensure diverse and competitive supplier agency for an other informational purpose
ply chains described in clause (i); markets that are less vulnerable to single under that subsection if the voluntary sub-
(E) assesses the flexible manufacturing ca- points of failure; and mission is accompanied by an express state-
pacity and capabilities available in the (J) assessment of policies, rules, and regu- ment described in paragraph (2) of this sub-
United States in the case of an emergency; lations that impact domestic manufacturing section; and
(F) makes specific recommendations to im- operating costs and inhibit the ability for (B) REFERENCES.—For the purpose of this
prove the security and resiliency of manufac- domestic manufacturing to compete with subsection, with respect to section 2224 of
turing capacity and supply chains for crit- global competitors. the Homeland Security Act of 2002 (6 U.S.C.
ical industries by— (2) PROHIBITION.—The report submitted 673)—
(i) developing long-term strategies; under paragraph (1) may not include— (i) the express statement described in sub-
(ii) increasing visibility into the networks (A) supply chain information that is not section (a)(1) of that section shall be deemed
and capabilities of suppliers; aggregated; or to refer to the express statement described
(iii) identifying industry best practices; (B) confidential business information of a in paragraph (2) of this subsection;
(iv) evaluating how diverse supplier net- private sector entity. (ii) references in the subsections described
works, multi-platform and multi-region pro- (g) SEMICONDUCTOR INCENTIVES.— in subparagraph (A) to ‘‘this subtitle’’ shall
duction capabilities and sources, and inte- (1) IN GENERAL.—The Secretary shall carry be deemed to refer to this section;
grated global and regional supply chains can out the program established under section (iii) the reference to ‘‘protecting critical
enhance the resilience of— 9902 of the William M. (Mac) Thornberry Na- infrastructure or protected systems’’ in sub-
(I) critical industries in the United States; tional Defense Authorization Act for Fiscal section (a)(1)(E)(iii) of that section shall be
(II) jobs in the United States; Year 2021 (Public Law 116–283) as part of the deemed to refer to carrying out this section;
(III) capabilities of the United States; and program. and
(IV) the support access of the United (2) TECHNICAL AND CONFORMING AMEND- (iv) the reference to ‘‘critical infrastruc-
States to needed goods and services during a MENT.—Section 9902(a)(1) of the William M. ture information’’ in subsections (b) and (c)
supply chain shock; (Mac) Thornberry National Defense Author- of that section shall be deemed to refer to
(v) identifying and mitigating risks, in- ization Act for Fiscal Year 2021 (Public Law supply chain information.
cluding— 116–283) is amended by striking ‘‘in the De- (2) EXPRESS STATEMENT.—The express
(I) the financial and operational risks of a partment of Commerce’’ and inserting ‘‘as statement described in this paragraph, with
supply chain after a supply chain shock; part of the program established under sec- respect to information or records, is—
(II) significant vulnerabilities to extreme tion 2505 of the Endless Frontier Act’’. (A) in the case of written information or
weather events, cyberattacks, pandemic and (h) REPORT TO CONGRESS.—Concurrent with records, a written marking on the informa-
biological threats, terrorist and geopolitical the annual submission by the President of tion or records substantially similar to the
attacks, and other emergencies; and the budget under section 1105 of title 31, following: ‘‘This information is voluntarily
(III) exposure to gaps and vulnerabilities United States Code, the Secretary shall sub- submitted to the Federal Government in ex-
in— mit to the relevant committees of Congress pectation of protection from disclosure as
(aa) domestic capacity or capabilities; and a report that contains a summary of every provided by the provisions of section 2505 of
(bb) sources of imports needed to sustain activity carried out under this section dur- the Endless Frontier Act.’’; or
critical industries; ing the year covered by the report. (B) in the case of oral information, a writ-
(vi) identifying enterprise resource plan- (i) COORDINATION.— ten statement similar to the statement de-
ning systems that are— (1) IN GENERAL.—In implementing the pro- scribed in subparagraph (A) submitted with-
(I) compatible across supply chain tiers; gram, the Secretary shall, as appropriate co- in a reasonable period following the oral
and ordinate with— communication.
(II) affordable for small and medium-sized (A) the heads of Federal agencies, includ- (3) INAPPLICABILITY TO SEMICONDUCTOR IN-
businesses; ing— CENTIVE PROGRAM.—This subsection shall not
(vii) understanding the total cost of owner- (i) the Secretary of State; and apply to the voluntary submission of supply
ship, total value contribution, and other best (ii) the United States Trade Representa- chain information by a private entity in an
practices that encourage strategic partner- tive; and application for Federal financial assistance
ships throughout supply chains; (B) the Attorney General and the Federal under section 9902 of the William M. (Mac)
(viii) understanding Federal procurement Trade Commission with respect to— Thornberry National Defense Authorization
opportunities to increase resiliency of supply (i) advice on the design and activities of Act for Fiscal Year 2021 (Public Law 116–283).
chains for goods and services and fill gaps in the unified coordination group described in (l) DETERMINATION RELATED TO OPTICAL
domestic purchasing; subsection (e)(1); and TRANSMISSION EQUIPMENT.—
(ix) identifying policies that maximize job (ii) ensuring compliance with Federal anti- (1) PROCEEDING.—Not later than 45 days
retention and creation in the United States, trust law. after the date of enactment of this division ,
including workforce development programs; (2) SPECIFIC COORDINATION.—In imple- the Secretary of Commerce shall commence
(x) identifying opportunities to work with menting the program, with respect to supply a process to make a determination for pur-
allies or key partners of the United States in chains involving specific sectors, the Sec- poses of sect ion 2 of the Secure and Trusted
building more resilient critical industry sup- retary shall, as appropriate, coordinate Communications Networks Act of 2019 (47
ply chains and mitigating risks; with— U.S.C. 1601) whether optical transmission
(xi) identifying areas requiring further in- (A) the Secretary of Defense; equipment manufactured, produced, or dis-
vestment in research and development or (B) the Secretary of Homeland Security; tributed by an entity owned, controlled, or
workforce education; and (C) the Secretary of the Treasury; supported by the People’s Republic of China
(xii) identifying such other services as the (D) the Secretary of Energy; poses an unacceptable risk to the national
Secretary determines necessary; (E) the Secretary of Transportation; security of the United States or the security
(G) provides guidance to the Department of (F) the Secretary of Agriculture; and safety of United States persons.
Commerce, the National Science Founda- (G) the Director of National Intelligence; (2) COMMUNICATION OF DETERMINATION.—If
tion, and other relevant Federal agencies and the Secretary determines pursuant to para-
with respect to technologies and supplies (H) the heads of other relevant agencies. graph (1) that such optical transmission
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that should be prioritized; (j) RULE OF CONSTRUCTION.—Nothing in this equipment poses an unacceptable risk con-
(H) with respect to countries that are al- section shall be construed to require any pri- sistent with that paragraph, the Secretary
lies or key partners of the United States— vate entity— shall immediately transmit that determina-
(i) reviews and, if appropriate, provides (1) to share information with the Sec- tion to the Federal Communications Com-
recommendations for expanding the sourcing retary; mission consistent with section 2 of the Se-
of goods associated with critical industries (2) to request assistance from the Sec- cure and Trusted Communications Networks
from those countries; and retary; or Act of 2019 (47 U.S.C. 1601).
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S1340 CONGRESSIONAL RECORD — SENATE March 22, 2022
SEC. 2506. SEMICONDUCTOR INCENTIVES. ‘‘(i) manufacture semiconductors nec- ‘‘(f) CONSTRUCTION PROJECTS.—Section 602
(a) DEFINITIONS.—Section 9901 of the Wil- essary to address gaps and vulnerabilities in of the Public Works and Economic Develop-
liam M. (Mac) Thornberry National Defense the domestic supply chain across a diverse ment Act of 1965 (42 U.S.C. 3212) shall apply
Authorization Act for Fiscal Year 2021 (Pub- range of technology and process nodes; and to a construction project that receives finan-
lic Law 116–283) is amended— ‘‘(ii) provide a secure supply of semi- cial assistance from the Secretary under this
(1) by redesignating paragraphs (4), (5), (6), conductors necessary for the national secu- section.’’.
(7), (8), and (9) as paragraphs (5), (6), (7), (8), rity, manufacturing, critical infrastructure, (c) ADVANCED MICROELECTRONICS RESEARCH
(10), and (11), respectively; and technology leadership of the United AND DEVELOPMENT.—Section 9906 of the Wil-
(2) by inserting after paragraph (3) the fol- States and other essential elements of the liam M. (Mac) Thornberry National Defense
lowing: economy of the United States.’’; and Authorization Act for Fiscal Year 2021 (Pub-
‘‘(4) The term ‘critical manufacturing in- (2) by adding at the end the following: lic Law 116–283) is amended by adding at the
dustry’— ‘‘(d) SENSE OF CONGRESS.—It is the sense of end the following:
‘‘(A) means an industry— Congress that, in carrying out subsection (a), ‘‘(h) INFRASTRUCTURE GRANTS.—Section 602
‘‘(i) that is assigned a North American In- the Secretary should allocate funds in a of the Public Works and Economic Develop-
dustry Classification System code beginning manner that— ment Act of 1965 (42 U.S.C. 3212) shall apply
with 31, 32, or 33; and ‘‘(1) strengthens the security and resilience to a construction project that receives finan-
‘‘(ii) for which the industry components cial assistance from the Secretary under this
of the semiconductor supply chain, including
that are assigned a North American Industry section.’’.
by mitigating gaps and vulnerabilities;
Classification System code beginning with
‘‘(2) provides a supply of secure semi- SEC. 2507. RESEARCH INVESTMENT TO SPARK
the same 4 digits as the industry—
conductors relevant for national security; THE ECONOMY ACT.
‘‘(I) manufacture primary products and
‘‘(3) strengthens the leadership of the (a) DEFINITIONS.—In this section:
parts, the sum of which account for not less
United States in semiconductor technology; (1) AWARD.—The term ‘‘award’’ includes a
than 5 percent of the manufacturing value
‘‘(4) grows the economy of the United grant, cooperative agreement, or other fi-
added by industry gross domestic product of
States and supports job creation in the nancial assistance.
the United States; and
United States; and (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
‘‘(II) employ individuals for primary prod-
ucts and parts manufacturing activities ‘‘(5) improves the resiliency of the semi- The term ‘‘COVID–19 public health emer-
that, combined, account for not less than 5 conductor supply chains of critical manufac- gency’’ means the public health emergency
percent of manufacturing employment in the turing industries. declared by the Secretary of Health and
United States; and ‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE Human Services under section 319 of the
‘‘(B) may include any other manufacturing TECHNOLOGY NODES.— Public Health Service Act (42 U.S.C. 247d) on
industry designated by the Secretary based ‘‘(1) IN GENERAL.—The Secretary shall es- January 31, 2020, with respect to the
on the relevance of the manufacturing indus- tablish within the program established under Coronavirus Disease 2019 (COVID–19).
try to the national and economic security of subsection (a) an additional program that (3) RESEARCH INSTITUTION.—The term ‘‘re-
the United States, including the impacts of provides Federal financial assistance to cov- search institution’’ means the following:
job losses.’’; ered entities to incentivize investment in fa- (A) An institution of higher education (as
(3) by inserting after paragraph (8), as so cilities and equipment in the United States defined in section 101(a) of the Higher Edu-
redesignated, the following: for the fabrication, assembly, testing, or ad- cation Act of 1965 (20 U.S.C. 1001(a))).
‘‘(9) The term ‘mature technology node’ vanced packaging of semiconductors at ma- (B) A Tribal College or University (as de-
has the meaning given the term by the Sec- ture technology nodes. fined in section 316 of the Higher Education
retary.’’. ‘‘(2) ELIGIBILITY AND REQUIREMENTS.—In Act of 1965 (20 U.S.C. 1059c)).
(b) SEMICONDUCTOR PROGRAM.—Section 9902 order for an entity to qualify to receive Fed- (C) A nonprofit entity that conducts Feder-
of the William M. (Mac) Thornberry National eral financial assistance under this sub- ally funded research.
Defense Authorization Act for Fiscal Year section, the covered entity shall— (4) RESEARCH LABORATORY.—The term ‘‘Re-
2021 (Public Law 116–283) is amended— ‘‘(A) submit an application under sub- search Laboratory’’ means the following:
(1) in subsection (a)(2)— section (a)(2)(A); (A) A National Laboratory (as defined in
(A) in subparagraph (B)(ii)— ‘‘(B) meet the eligibility requirements section 2 of the Energy Policy Act of 2005 (42
(i) in subclause (III), by striking ‘‘and’’ at under subsection (a)(2)(B); U.S.C. 15801)).
the end; ‘‘(C)(i) provide equipment or materials for (B) A Federally Funded Research and De-
(ii) in subclause (IV), by striking the pe- the fabrication, assembly, testing, or ad- velopment Center for purposes of section
riod at the end and inserting ‘‘and’’; and vanced packaging of semiconductors at ma- 35.017 of title 48, Code of Federal Regula-
(iii) by adding at the end the following: ture technology nodes in the United States; tions, or a successor regulation.
‘‘(V) determined— or (b) AWARD AND MODIFICATION OF GRANTS,
‘‘(aa) the type of semiconductor tech- ‘‘(ii) fabricate, assemble using advanced COOPERATIVE AGREEMENTS AND OTHER FINAN-
nology the covered entity will produce at the packaging, or test semiconductors at mature CIAL ASSISTANCE FOR INSTITUTIONS OF HIGHER
facility described in clause (i); and technology nodes in the United States; EDUCATION, RESEARCH LABORATORIES, AND
‘‘(bb) the customers to which the covered ‘‘(D) commit to using any Federal financial OTHER RESEARCH INSTITUTIONS TO ADDRESS
entity plans to sell the semiconductor tech- assistance received under this section to in- MATTERS RELATING TO DISRUPTION CAUSED BY
nology described in item (aa).’’; crease the production of semiconductors at COVID–19.—
(B) in subparagraph (C)— mature technology nodes; and (1) IN GENERAL.—Each officer specified in
(i) in clause (i)— ‘‘(E) be subject to the considerations de- paragraph (2) may exercise the authorities
(I) in subclause (II), by striking ‘‘is in the scribed in subsection (a)(2)(C). described in paragraph (3).
interest of the United States’’ and inserting ‘‘(3) PROCEDURES.—In granting Federal fi- (2) OFFICERS.—The officers specified in this
‘‘is in the economic and national security in- nancial assistance to covered entities under paragraph are as follows:
terests of the United States’’; and this subsection, the Secretary may use the (A) The Secretary of Commerce, acting
(II) in subclause (III), by striking ‘‘and’’ at procedures established under subsection (a). through the Administrator of the National
the end; ‘‘(4) CONSIDERATIONS.—In addition to the Oceanic and Atmospheric Administration
(ii) in clause (ii)(IV), by striking ‘‘and’’ at considerations described in subsection and the Director of the National Institute of
the end; (a)(2)(C), in granting Federal financial assist- Standards and Technology.
(iii) by redesignating clause (iii) as clause ance under this section, the Secretary may (B) The Secretary of Agriculture.
(iv); and consider whether a covered entity produces (C) The Secretary of Defense.
(iv) by inserting after clause (ii) the fol- or supplies equipment or materials used in (D) The Secretary of Education.
lowing: the fabrication, assembly, testing, or ad- (E) The Secretary of Energy, acting for the
‘‘(iii) the Secretary shall consider the type vanced packaging of semiconductors at ma- Department of Energy (with respect to En-
of semiconductor technology produced by ture technology nodes that are necessary to ergy Efficiency and Renewable Energy, Nu-
the covered entity and whether that semi- support a critical manufacturing industry. clear Energy, and Fossil Research and Devel-
conductor technology advances the economic ‘‘(5) PRIORITY.—In awarding Federal finan- opment) and through the Office of Science,
and national security interests of the United cial assistance to covered entities under this the Advanced Research Projects Agency–En-
States; and’’; subsection, the Secretary shall give priority ergy (ARPA–E), and the Office of Electricity.
(C) by redesignating subparagraph (D) as to covered entities that support the resil- (F) The Secretary of Interior, acting
subparagraph (E); and iency of semiconductor supply chains for through the Director of the United States
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(D) by inserting after subparagraph (C) the critical manufacturing industries in the Geological Survey.
following: United States. (G) The Secretary of Health and Human
‘‘(D) PRIORITY.—In awarding Federal finan- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— Services, acting through the Director of the
cial assistance to covered entities under sub- There are authorized to be appropriated to National Institutes of Health.
section (a), the Secretary shall give priority the Secretary to carry out this subsection (H) The Secretary of Transportation.
to ensuring that a covered entity receiving $2,000,000,000, which shall remain available (I) The Administrator of the National Aer-
financial assistance will— until expended. onautics and Space Administration.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1341
(J) The Administrator of the Environ- (2) The large and complex innovative and curity, and public health of the United
mental Protection Agency. technological capabilities of global supply States.
(K) The Director of the National Science chains and manufacturing economies, which (2) NATIONAL POLICY.—In view of the find-
Foundation. influence the course of national and inter- ings under subsection (a), it is the sense of
(3) AUTHORITIES.—The officers specified in national manufacturing and innovative rel- Congress that the Federal Government and
paragraph (2) may— evance, require appropriate attention, in- public and private institutions in the United
(A) provide supplemental funding to extend cluding long-range inclusive planning and States should pursue a national policy of
the duration of an award disrupted because more immediate program development, to manufacturing and industrial innovation
of the COVID–19 public health emergency to encourage and support private manufac- that includes the following principles:
a research institution, Research Laboratory, turing growth in the United States and par- (A) Ensuring global leadership in advanced
or individual that was awarded before the ticipation in the public decision-making manufacturing technologies critical to the
date of the enactment of this division, or to process. long-term economic, environmental, and
expand the purposes of such an award, in (3) The innovative and manufacturing ca- public health of the United States, and to
order to— pabilities of business in the United States, the long-term national security of the
(i) enable a postsecondary student or post- when properly fostered, applied, and sup- United States.
doctoral researcher to complete work; ported, can effectively assist in improving
(ii) enable research scientists, technical (B) Restoring and strengthening the indus-
the quality of life for people in the United trial commons of the United States, includ-
staff, research associates, and principal in- States, in anticipating and addressing
vestigators to complete work; ing—
emerging international, national, and local (i) essential engineering and production
(iii) extend the training of a postsecondary problems, and strengthening the inter-
student, or the employment of a post-doc- skills;
national economic engagement and pio- (ii) infrastructure for research and devel-
toral researcher, on an ongoing research neering leadership of the United States.
project for up to 2 years because of the dis- opment, standardization, and metrology;
(4) Just as Federal funding for science and
ruption of the job market; (iii) process innovations and manufac-
technology represents an investment in the
(iv) create research opportunities for up to turing know-how;
future, strategically addressing gaps in the
2 years for graduate students and post-doc- (iv) equipment; and
innovation pipeline of the United States
toral researchers; (v) suppliers that provide the foundation
would—
(v) replace, refurbish, or otherwise make for the innovativeness and competitiveness
(A) contribute to converting research and
usable laboratory animals, reagents, equip- of all manufacturers in the United States.
development investments into high-value,
ment, or other items required for research; (C) Strengthening the technical, financial,
quality job-creating product production and
(vi) facilitate other research (including and educational commons and assets nec-
capture domestic and global markets; and
field work), training, and ongoing construc- essary to ensure that the United States is
(B) strengthen the economic posture of the
tion activities, including at institutions that United States. the best positioned nation for the creation
are disproportionately affected by the (5) The capabilities of the United States at and production of advanced technologies and
COVID–19 public health emergency (such as both the Federal and State levels need en- products emerging from national research
minority-serving institutions and 2-year in- hanced strategic planning and influence over and development investments.
stitutions of higher education); policy formulation for industrial innovation (D) Capitalizing on the scientific and tech-
(vii) enable experimental field campaigns and technology development, as well as a nological advances produced by researchers
and maintenance of field infrastructure, in- means to ensure an adequate workforce. and innovators in the United States by de-
cluding through replacement of disrupted ex- veloping capable and responsive institutions
perimental data to enable completion of im- (b) SENSE OF CONGRESS.— focused on advancing the technology and
pacted research; and (1) PRIORITY GOALS.—It is the sense of Con- manufacturing readiness levels of those ad-
(viii) support training in online course de- gress that manufacturing and industrial in-
vances.
livery and virtual research experiences that novation should include contributing to the
(E) Supporting the discovery, invention,
will improve quality and access needed to following priority goals:
start-up, ramp-up, scale-up, and transition of
continue undergraduate, graduate, and post- (A) Taking concrete national action to re-
new products and manufacturing tech-
doctoral training; build, restore, and expand domestic manu-
nologies to full-scale production in the
(B) issue awards to research institutions, facturing capabilities, skills, and production
United States.
Research Laboratories, or other individuals capacity, including world-class infrastruc-
(F) Addressing the evolving needs of manu-
to conduct research on the effects of the ture.
facturers for a diverse set of workers with
Coronavirus Disease 2019 and future poten- (B) Rebuilding the industrial innovation
the necessary skills, training, and expertise
tial pandemics, on the effects and effective- commons, including common resources,
as manufacturers in the United States in-
ness of responses to such diseases, and on im- technical knowledge, and entrepreneurial op-
portunities associated with technical con- crease high-quality, high-wage employment
proving the prediction of the possible courses opportunities.
of such pandemics; and cepts.
(C) Supporting domestic supply chains. (G) Improving and expanding manufac-
(C) provide flexibility on an award for turing engineering and technology offerings
funds made available to an agency, by any (D) Expanding production capabilities, co-
operation, and knowledge. within institutions of higher education, in-
prior or subsequent Act, by modifying the cluding 4-year engineering technology pro-
terms and conditions of the award with a re- (E) Revitalizing communities harmed by
historical and poorly conceived, imple- grams at polytechnic institutes and sec-
search institution, Research Laboratory, or ondary schools, to be more closely aligned
individual due to facility closures or other mented, and enforced regulatory and trade
policies. with the needs of manufacturers in the
limitations during the COVID–19 public United States and the goal of strengthening
health emergency. (F) Developing a strategy for innovation
and establishment of manufacturing indus- the long-term competitiveness of such manu-
(4) MODIFICATIONS.—The modifications au- facturing.
thorized by paragraph (3)(C) include, but are tries of the future, including adoption and
production of Industry 4.0 technology to sup- (H) Working collaboratively with Federal
not limited to— agencies, State and local governments, Trib-
(A) the provision of supplemental funding port domestic economic expansion, particu-
larly manufacturers with fewer than 800 em- al governments, regional authorities, insti-
to extend the duration of the award con- tutions of higher education, economic devel-
cerned; and ployees, and in traditionally underserved
communities. opment organizations, and labor organiza-
(B) flexibility on the allowable expenses tions that primarily represent workers in
under such award. (G) Contributing to national health and se-
curity and emergency readiness and resil- manufacturing to leverage their knowledge,
(c) PROCEDURES.—The officers specified in
ience, including addressing environmental resources, applied research, experimental de-
subsection (b)(2) shall each establish proce-
dures to carry out subsection (b). concerns. velopment, and programs to foster manufac-
(d) EXPEDITED AWARDS.—Awards under sub- (H) Strengthening the economy of the turing in the United States so as to antici-
section (b) shall be issued as expeditiously as United States and promoting full employ- pate and prepare for emergencies and global,
possible. ment in high-quality, high-wage jobs national, and regional supply chain disrup-
SEC. 2508. OFFICE OF MANUFACTURING AND IN- through useful industrial and technological tions, including disruptions brought on and
DUSTRIAL INNOVATION POLICY. innovation. exacerbated by changing environmental and
(a) FINDINGS.—Congress finds the fol- (I) Cultivating, utilizing, and enhancing other circumstances.
lowing: academic and industrial thought-leadership (I) Recognizing that, as changing cir-
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(1) The general welfare, security, and eco- with practical workforce development and cumstances require the periodic revision and
nomic health and stability of the United training to the fullest extent possible. adaptation of this section, Congress is re-
States require a long-term, substantial, co- (J) Implementing a national strategy that sponsible for—
ordinated, and multidisciplinary strategy identifies and prioritizes high growth, high (i) identifying and interpreting the changes
and implementation of cohesive objectives to value-added industries, products, and compo- in those circumstances as they occur; and
remain at the forefront of industrial innova- nents of national importance to the long- (ii) affecting subsequent changes to this
tion. term economic, environmental, national se- section, as appropriate.
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S1342 CONGRESSIONAL RECORD — SENATE March 22, 2022
(J) Reforming rules, regulations, and pol- (4) IMPLEMENTATION.—To implement the such agencies within the Executive Office of
icy, which negatively impact domestic man- national policy described in paragraph (2), it the President and the Director of the Na-
ufacturing. is the sense of Congress— tional Economic Council, as may be appro-
(3) PROCEDURES.—It is the sense of Con- (A) that— priate, on issues regarding and impacting
gress that, in order to expedite and facilitate (i) the Federal Government should main- manufacturing and industrial innovation ef-
the implementation of the national policy tain integrated policy planning elements in forts of the Federal Government, or of the
described in paragraph (2)— the executive branch that assist agencies in private sector, that require attention at the
(A) Federal procurement policy should— such branch in— highest levels of the Federal Government.
(i) prioritize and encourage domestic man- (I) identifying problems and objectives (ii) OTHER FUNCTIONS.—The Chief Manufac-
ufacturing and robust domestic supply that could be addressed or enhanced by pub- turing Officer shall—
chains; lic policy; (I) advise the President on manufacturing
(ii) support means of expanding domestic (II) mobilizing industrial and innovative and industrial innovation considerations re-
manufacturing resources for national secu- lating to areas of national concern, includ-
manufacturing job creation;
rity and emergency response purposes; ing—
(iii) enhance manufacturing workforce pre-
(III) securing appropriate funding for pro- (aa) the economy of the United States;
paredness;
grams so identified by the President or the (bb) national security;
(iv) prioritize the development of means to Chief Manufacturing Officer; (cc) public health;
support diversity and inclusion throughout (IV) anticipating future concerns to which (dd) the workforce of the United States;
the manufacturing and industrial sector; industrial and innovative manufacturing can (ee) education;
(v) promote the consideration of, and sup- contribute and devise industrial strategies (ff) foreign relations (including trade and
port to, minority-owned and women-owned for such purposes; supply chain issues);
manufacturing contractors of the Federal (V) reviewing systematically the manufac- (gg) the environment; and
Government; and turing and industrial innovation policy and (hh) technological innovation in the
(vi) support the ingenuity and entrepre- programs of the Federal Government and United States;
neurship of the United States by providing recommending legislative amendments to (II) convene stakeholders, including key
enhanced attention to manufacturing those policies and programs when needed; industry stakeholders, academic stake-
startups and small businesses in the United and holders, defense stakeholders, governmental
States; (VI) reforming policies, rules, and regula- stakeholders, and stakeholders from non-
(B) Federal trade and monetary policies tions that harm domestic manufacturing and profit organizations and labor organizations
should— inhibit domestic manufacturing from com- that primarily represent workers in manu-
(i) ensure that global competition in man- peting with global competitors; and facturing, to develop the national strategic
ufacturing is free, open, and fair; (ii) the elements described in clause (i) plan required under subsection (f);
(ii) prioritize policies and investments that should include a data collection, analysis, (III) evaluate the scale, quality, and effec-
support domestic manufacturing growth and and advisory mechanism within the Execu- tiveness of the effort of the Federal Govern-
innovation; and tive Office of the President to provide the ment to support manufacturing and indus-
(iii) not be utilized to offshore poor manu- President with independent, expert judgment trial innovation by the Federal Government
facturing working conditions or destructive and assessments of the complex manufac- or by the private sector, and advise on appro-
manufacturing environmental practices; turing and industrial features involved; and priate actions;
(C) Federal policies and practices should (B) that it is the responsibility of the Fed- (IV) to the extent consistent with law, re-
reasonably prioritize competitiveness for eral Government to— port to the President, the Director of the Na-
manufacturing and industrial innovation ef- (i) promote prompt, effective, reliable, and tional Economic Council, the Director of the
forts in the United States, but should not systematic dissemination of manufacturing Office of Management Budget, and such
sacrifice the quality of employment opportu- and industrial information— agencies within the Executive Office of the
nities, including the health and safety of (I) by such methods as may be appropriate; President as may be appropriate, advise the
workers, pay, and benefits; and President on the budgets, regulations, and
(D) Federal manufacturing and industrial (II) through efforts conducted by non- regulatory reforms of agencies of the execu-
innovation policies, practices, and priorities governmental organizations, including in- tive branch of the Federal Government with
should reasonably improve environmental dustrial groups, technical societies, and edu- respect to issues concerning manufacturing
sustainability within the manufacturing in- cational entities; and industrial innovation;
dustry, while minimizing economic impact; (ii) coordinate and develop a manufac- (V) to the extent consistent with law, as-
(E) Federal patent policies should be devel- turing industrial strategy and facilitate the sist the President and the Director of the
close coupling of this manufacturing strat- National Economic Council in providing gen-
oped, based on uniform principles, which
egy with commercial manufacturing applica- eral leadership and coordination of activities
have as their objective to preserve incentives
tion; and and policies of the Federal Government re-
for industrial technological innovation and
(iii) enhance domestic development and lating to and impacting manufacturing and
the application of procedures that will con-
utilization of such industrial information by industrial innovation; and
tinue to assure the full use of beneficial
prioritization of efforts with manufacturers, (VI) perform such other functions, duties,
technology to serve the public; and activities as the President and the Di-
(F) Federal efforts should promote and sup- the production of which takes place in the
United States. rector of the National Economic Council
port a strong system of intellectual property may assign.
(c) ESTABLISHMENT.—
rights to include trade secrets, through both (B) AUTHORITIES.—In carrying out the du-
(1) IN GENERAL.—The President shall ap-
protection of intellectual property rights ties and functions under this section, the
point, by and with the advice and consent of
and enforcement against intellectual prop- Chief Manufacturing Officer may—
the Senate, a Chief Manufacturing Officer to
erty theft, and broad engagement to limit serve within the Executive Office of the (i) appoint such officers and employees as
foreign efforts to illegally or inappropriately President. may be determined necessary to perform the
utilize compromised intellectual property; (2) OFFICE.— functions vested in the position and to pre-
(G) closer relationships should be encour- (A) IN GENERAL.—There is established in scribe the duties of such officers and employ-
aged among practitioners of scientific and the Executive Office of the President an Of- ees;
technological research and development and fice of Manufacturing and Industrial Innova- (ii) obtain services as authorized under sec-
those who apply those foundations to domes- tion Policy (referred to in this section as the tion 3109 of title 5, United States Code, at
tic commercial manufacturing; ‘‘Office’’). rates not to exceed the rate prescribed for
(H) the full use of the contributions of (B) CMO.—The Chief Manufacturing Officer grade GS–15 of the General Schedule under
manufacturing and industrial innovation to shall— section 5332 of title 5, United States Code;
support State and local government goals (i) head the Office; and and
should be encouraged; (ii) serve as a source of manufacturing and (iii) enter into contracts and other ar-
(I) formal recognition should be accorded industrial innovation analysis and judgment rangements for studies, analysis, and other
to those persons, the manufacturing and in- for the President and the Director of the Na- services with public agencies and with pri-
dustrial innovation achievements of which tional Economic Council with respect to the vate persons, organizations, or institutions,
contributed significantly to the national major policies, plans, and programs of the and make such payments as determined nec-
welfare; and Federal Government relating to manufac- essary to carry out the provisions of this sec-
(J) departments, agencies, and instrumen- turing and industrial innovation. tion without legal consideration, without
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talities of the Federal Government should (d) CHIEF MANUFACTURING OFFICER; ASSO- performance bonds, and without regard to
establish procedures to ensure among them CIATE MANUFACTURING OFFICERS.— section 6101 of title 41, United States Code.
the systematic interchange of data, efforts, (1) CHIEF MANUFACTURING OFFICER.— (2) ASSOCIATE DIRECTORS.—
and findings developed under their programs. (A) FUNCTIONS.— (A) IN GENERAL.—The Chief Manufacturing
(K) policies, rules, and regulations that (i) PRIMARY FUNCTION.—To the extent con- Officer may appoint not more than 5 Asso-
negatively impact domestic manufacturing sistent with law, the Chief Manufacturing ciate Directors, to be known as Associate
should be reformed. Officer shall report to the President, and Manufacturing Officers to carry out such
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1343
functions as may be prescribed by the Chief as to maximize the application of such re- (aa) the resolution of problems identified
Manufacturing Officer. search. under this paragraph; or
(B) COMPENSATION.—Each Associate Manu- (B) COMPOSITION.—The Panel shall be com- (bb) the achievement of Federal program
facturing Officer shall be compensated at a posed of— objectives or priority goals, including those
rate not to exceed that provided for level III (i) the Chief Manufacturing Officer, or a described in subsection (b)(1); and
of the Executive Schedule under section 5314 representative of the Chief Manufacturing (IV) recommendations for proposals to
title 5, United States Code. Officer; carry out such plan.
(e) POLICY PLANNING, ANALYSIS, AND AD- (ii) not fewer than 10 members rep- (B) REVISIONS.—Not later than 4 years
VICE.— resenting the interests of the States, ap- after the date on which the national stra-
(1) IN GENERAL.—In carrying out the provi- pointed by the Chief Manufacturing Officer tegic plan is established under subparagraph
sions of this section, the Chief Manufac- after consultation with State officials; (A), and every 4 years thereafter, the Chief
turing Officer shall— (iii) the Director of the National Institute Manufacturing Officer, in coordination with
(A) monitor the status of technological de- of Standards and Technology; the Director of the National Economic Coun-
velopments, critical production capacity, (iv) the Deputy Assistant Secretary of De- cil, shall revise that plan so that the plan
skill availability, investment patterns, fense for Manufacturing and Industrial Base takes account of near- and long-term prob-
emerging defense needs, and other key indi- Policy; lems, constraints, and opportunities and
cators of manufacturing competitiveness (v) the Assistant Secretary of Labor for changing national goals and circumstances.
to— Employment and Training; (2) CONSULTATION WITH OTHER AGENCIES.—
(i) provide foresight for periodic updates to (vi) the Administrator of the Small Busi- The Chief Manufacturing Officer shall con-
the national strategic plan required under ness Administration; and sult, as necessary, with officials of agencies
subsection (f); and (vii) the Assistant Secretary of Energy for in the executive branch of the Federal Gov-
(ii) guide investment decisions; Energy Efficiency and Renewable Energy. ernment that administer programs or have
(B) convene interagency and public-private (C) CHAIR.—The Chief Manufacturing Offi- responsibilities relating to the problems,
working groups to align Federal policies that cer, or the representative of the Chief Manu- constraints, and opportunities identified in
drive implementation of the national stra- facturing Officer, shall serve as Chair of the the national strategic plan under paragraph
tegic plan required under subsection (f); Panel. (1) in order to—
(C) initiate and support translation re- (D) MEETINGS.—The Panel shall meet at (A) identify and evaluate actions that
search in engineering and manufacturing by the call of the Chair. might be taken by the Federal Government,
entering into contracts or making other ar- (E) COMPENSATION.— State, and local governments, or the private
rangements (including grants, awards, coop- (i) IN GENERAL.—Each member of the Panel sector to deal with such problems, con-
erative agreements, loans, and other forms shall be entitled to receive compensation at straints, or opportunities; and
of assistance) to study that research and to a rate not to exceed the daily rate prescribed (B) ensure to the extent possible that ac-
assess the impact of that research on the for GS–15 of the General Schedule under sec- tions identified under subparagraph (A) are
economic well-being, climate and environ- tion 5332 of title 5, United States Code, for considered by each agency of the executive
mental impact, public health, and national each day (including travel time) during branch of the Federal Government in formu-
security of the United States; which the member is engaged in the perform- lating proposals of each such agency.
(D) report to the President and the Direc- ance of the duties of the Panel. (3) CONSULTATION WITH MANUFACTURING
tor of the National Economic Council on the (ii) TRAVEL EXPENSES.—Each member of STAKEHOLDERS.—The Chief Manufacturing
extent to which the various programs, poli- the Panel who is serving away from the Officer shall consult broadly with represent-
cies, and activities of the Federal Govern- home or regular place of business of the atives from stakeholder constituencies, in-
ment are likely to affect the achievement of member in the performance of the duties of cluding from technology fields, engineering
priority goals of the United States described the Panel shall be allowed travel expenses, fields, manufacturing fields, academic fields,
in subsection (b)(1); including per diem in lieu of subsistence, in worker training or credentialing programs,
(E) annually survey the nature and needs the same manner as the expenses authorized industrial sectors, business sectors, con-
of the policies relating to national manufac- by section 5703(b) of title 5, United States sumer sectors, defense sector, public interest
turing and industrial innovation and make Code, for persons in government service em- sectors, and labor organizations which pri-
recommendations to the President and the ployed intermittently. marily represent workers in manufacturing
Director of the National Economic Council, (f) NATIONAL STRATEGIC PLAN FOR MANU- to ensure information and perspectives from
for review and submission to Congress, for FACTURING AND INDUSTRIAL INNOVATION.— such consultations are incorporated within
the timely and appropriate revision of the (1) STRATEGIC PLAN.— the problems, constraints, opportunities, and
manufacturing and industrial innovation (A) IN GENERAL.—Not later than 1 year actions identified in the national strategic
policies of the Federal Government, includ- after the date of enactment of this division, plan under paragraph (1).
ing the reform of policies, rules, and regula- the Chief Manufacturing Officer, in coordina- (4) CONSULTATION WITH OMB.—The Chief
tions that harm domestic manufacturing and tion with the Director of the National Eco- Manufacturing Officer shall consult as nec-
inhibit the ability for domestic manufac- nomic Council, shall, to the extent prac- essary with officials of the Office of Manage-
turing to compete with global competitors; ticable, in accordance with subsection ment and Budget and other appropriate ele-
(F) perform such other duties and func- (d)(1)(A)(ii) and in consultation with other ments of the Executive Office of the Presi-
tions and make and furnish such studies and agencies and private individuals as the Chief dent to ensure that the problems, con-
reports thereon, and recommendations with Manufacturing Officer determines necessary, straints, opportunities, and actions identi-
respect to matters of policy and legislation establish a national strategic plan for manu- fied under paragraph (1) are fully considered
as the President and the Director of the Na- facturing and industrial innovation that in the development of legislative proposals
tional Economic Council may request; and identifies— and the President’s budget.
(G) coordinate, as appropriate, Federal per- (i) short-term, medium-term, and long- (g) ADDITIONAL FUNCTIONS OF THE CHIEF
mitting with respect to manufacturing and term needs critical to the economy, national MANUFACTURING OFFICER; ADMINISTRATIVE
industrial innovation. security, public health, workforce readiness, PROVISIONS.—
(2) INTERGOVERNMENTAL MANUFACTURING environmental concerns, and priorities of the (1) IN GENERAL.—The Chief Manufacturing
AND INDUSTRIAL INNOVATION PANEL.— United States manufacturing sector, includ- Officer, in addition to the other duties and
(A) ESTABLISHMENT.—The Chief Manufac- ing emergency readiness and resilience; and functions under this section, shall serve—
turing Officer shall establish an Intergovern- (ii) situations and conditions that warrant (A) on the Federal Strategy and Coordi-
mental Manufacturing and Industrial Inno- special attention by the Federal Government nating Council on Manufacturing and Indus-
vation Panel (referred to in this section as relating to— trial Innovation established under sub-
the ‘‘Panel’’) within the Office, the purpose (I) any problems, constraints, or opportu- section (j); and
of which shall be to— nities of manufacturing and industrial inno- (B) as a member of the Domestic Policy
(i) identify instances in which the policies vation that— Council, the National Economic Council, and
of the Federal Government— (aa) are of national significance; the Office of Science and Technology Policy
(I) with respect to manufacturing and in- (bb) will occur or may emerge during the 4- Council.
dustrial innovation can help address prob- year period beginning on the date on which (2) ADVICE TO NATIONAL SECURITY COUN-
lems at the State and local levels; and the national strategic plan is established; CIL.—For the purpose of ensuring the opti-
(II) unnecessarily impede manufacturing and mal contribution of manufacturing and in-
and industrial innovation; (cc) are identified through basic research; dustrial innovation to the national security
(ii) make recommendations for addressing (II) an evaluation of activities and accom- of the United States, the Chief Manufac-
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the problems described in clause (i); and plishments of all agencies in the executive turing Officer, at the request of the Presi-
(iii) advise and assist the Chief Manufac- branch of the Federal Government that are dent, shall advise the National Security
turing Officer in identifying and fostering related to carrying out such plan; Council in such matters concerning manu-
policies to facilitate the application to and (III) opportunities for, and constraints on, facturing and industrial innovation as may
incorporation of federally funded research manufacturing and industrial innovation be related to national security.
and development into manufacturing and in- that can make a significant contribution (3) COORDINATION WITH OTHER ORGANIZA-
dustrial innovation in the United States, so to— TIONS.—
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S1344 CONGRESSIONAL RECORD — SENATE March 22, 2022
(A) IN GENERAL.—In exercising the func- programs, policies, and activities of the Fed- (xvi) The Administrator of the Small Busi-
tions under this section, the Chief Manufac- eral Government, including procurement; ness Administration.
turing Officer— (D) an inventory and forecast of critical (xvii) The Director of the National Science
(i) shall— and emerging national problems, the resolu- Foundation.
(I) work in close consultation and coopera- tion of which might be substantially assisted (xviii) The Director of the Office of Man-
tion with the Director of the Domestic Pol- by manufacturing and industrial innovation agement and Budget.
icy Council, the National Security Advisor, in the United States; (xix) The Assistant to the President for
the Assistant to the President for Economic (E) the identification and assessment of Science and Technology.
Policy and Director of the National Eco- manufacturing and industrial innovation (xx) The United States Trade Representa-
nomic Council, the Director of the Office of measures that can contribute to the resolu- tive.
Science and Technology Policy, the Director tion of the problems described in subpara- (xxi) The National Security Advisor.
of the Office of Management and Budget, and graph (D) in light of the related economic, (xxii) The Assistant to the President for
the heads of other agencies in the executive workforce, environmental, public health, and Economic Policy.
branch of the Federal Government; national security considerations; (xxiii) The Director of the Domestic Policy
(II) utilize the services of consultants, es- (F) at the time of the submission of the re- Council.
tablish such advisory panels, and, to the ex- port, and as projected, the manufacturing (xxiv) The Chair of the Council of Eco-
tent practicable, consult with— and industrial resources, including special- nomic Advisers.
(aa) State and local government agencies; ized manpower, that could contribute to the (xxv) The Chief Manufacturing Officer.
(bb) appropriate professional groups; resolution of the problems described in sub- (B) ADDITIONAL PARTICIPANTS.—The Presi-
(cc) representatives of industry, univer- paragraph (D); and dent may, from time to time and as nec-
sities, consumers, labor organizations that (G) recommendations for legislation and essary, appoint officials in the executive
primarily represent workers in manufac- regulatory changes on manufacturing and in- branch of the Federal Government to serve
turing; and dustrial innovation-related programs and as members of the Council.
(dd) such other public interest groups, or- policies that will contribute to the resolu- (2) MEETINGS OF THE COUNCIL.—
ganizations, and individuals as may be nec- tion of the problems described in subpara- (A) IN GENERAL.—The President or the
essary; graph (D). Chief Manufacturing Officer may convene
(III) hold such hearings in various parts of (3) PREPARATION OF REPORT.—In preparing meetings of the Council.
the United States as necessary to determine each report required under paragraph (1), the (B) PRESIDING OFFICER.—
the views of the agencies, groups, and orga- Chief Manufacturing Officer shall make max- (i) IN GENERAL.—Subject to clause (ii), the
nizations described in subparagraph (B), and imum use of relevant data available from President shall preside over the meetings of
of the general public, concerning national agencies in the executive branch of the Fed- the Council.
needs and trends in manufacturing and in- eral Government. (ii) EXCEPTION.—If the President is not
dustrial innovation; and (4) PUBLIC AVAILABILITY OF REPORT.—The present at a meeting of the Council, the Vice
(IV) utilize, with the heads of public and Chief Manufacturing Officer shall ensure President (and if the Vice President is not
private agencies and organizes, to the fullest that the report is made available to the pub- present at a meeting of the Council, the
extent possible the services, personnel, lic. Chief Manufacturing Officer) shall preside
equipment, facilities, and information (in- (i) COMPTROLLER GENERAL REPORT.—Not and be considered the chair of the Council.
cluding statistical information) of public and later than 3 years after the date of enact- (k) COUNCIL ON MANUFACTURING AND INDUS-
private agencies and organizations, and indi- TRIAL INNOVATION FUNCTIONS.—
ment of this division, the Comptroller Gen-
viduals, in order to avoid the duplication of eral of the United States shall submit to the (1) IN GENERAL.—The Council shall—
efforts and expenses; and Committee on Commerce, Science, and (A) consider problems and developments,
(ii) may transfer funds made available pur- Transportation of the Senate, the Com- including concerns relating to the workforce
suant to this section to other agencies in the mittee on Appropriations of the Senate, the of the United States, in manufacturing and
executive branch of the Federal Government Committee on Science, Space, and Tech- industrial innovation and related activities
as reimbursement for the utilization of such nology of the House of Representatives, the of more than 1 agency in the executive
personnel, services, facilities, equipment, Committee on Energy and Commerce of the branch of the Federal Government;
and information. House of Representatives, and the Com- (B) coordinate the manufacturing and in-
(B) FURNISHMENT OF INFORMATION.—Each mittee on Appropriations of the House of dustrial innovation policy-making process;
department, agency, and instrumentality of Representatives, and make available to the (C) harmonize the Federal permitting proc-
the executive branch of the Federal Govern- public, a report— ess relating to manufacturing and industrial
ment, including any independent agency, (1) containing an assessment of the efforts innovation, as appropriate;
shall furnish the Chief Manufacturing Officer of the Office to implement or advance the (D) ensure manufacturing and industrial
such information as necessary to carry out priority goals described in subsection (b)(1); innovation policy decisions and programs are
this section. and consistent with the priority goals described
(h) MANUFACTURING AND INDUSTRIAL INNO- (2) providing recommendations on how to in subsection (b)(1);
VATION REPORT.— improve the efforts described in paragraph (E) help implement the priority goals de-
(1) REPORT.—Not later than 3 years after (1). scribed in subsection (b)(1) across the Fed-
the date of enactment of this division, and (j) FEDERAL STRATEGY AND COORDINATING eral Government;
every 4 years thereafter, the Chief Manufac- COUNCIL ON MANUFACTURING AND INDUSTRIAL (F) ensure manufacturing and industrial
turing Officer, in consultation with the Di- INNOVATION.—There is established in the ex- innovation are considered in the develop-
rector of the National Economic Council, ecutive branch of the Federal Government ment and implementation of Federal policies
shall submit to Congress a Manufacturing the Federal Strategy and Coordinating Coun- and programs;
and Industrial Innovation Report (referred to cil on Manufacturing and Industrial Innova- (G) achieve more effective use of
in this section as the ‘‘report’’) with appro- tion (referred to in this section as the foundational aspects of manufacturing and
priate assistance from agencies in the execu- ‘‘Council’’). industrial innovation, particularly sci-
tive branch of the Federal Government and (1) MEMBERSHIP.— entific, engineering, and technological re-
such consultants and contractors as the (A) IN GENERAL.—The Council shall be com- sources and facilities of agencies in the exec-
Chief Manufacturing Officer determines nec- posed of the following: utive branch of the Federal Government, in-
essary. (i) The President, who shall serve as Chair cluding the elimination of efforts that have
(2) CONTENTS OF REPORT.—Each report re- of the Council. been unwarrantedly duplicated;
quired under paragraph (1) shall draw upon (ii) The Vice President. (H) identify—
the most recent national strategic plan es- (iii) The Secretary of Commerce. (i) threats to, and vulnerabilities of, supply
tablished under subsection (f) and shall in- (iv) The Secretary of Defense. chains;
clude, to the extent practicable and within (v) The Secretary of Education. (ii) workforce skills;
the limitations of available knowledge and (vi) The Secretary of Energy. (iii) aspects of supply chains and workforce
resources— (vii) The Secretary of Health and Human skills requiring additional emphasis; and
(A) a review of developments of national Services. (iv) for reform policies, rules, and regula-
significance in manufacturing and industrial (viii) The Secretary of Housing and Urban tions that harm domestic manufacturing and
innovation; Development. inhibit the ability for domestic manufac-
(B) the significant effects of trends at the (ix) The Secretary of Labor. turing to compete with global competitors;
time of the submission of the report and pro- (x) The Secretary of State. and
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jected trends in manufacturing and indus- (xi) The Secretary of Transportation. (I) further international cooperation on
trial innovation on the economy, workforce, (xii) The Secretary of the Treasury. manufacturing and industrial innovation
and environmental, health and national se- (xiii) The Secretary of Veterans Affairs. policies that enhance the policies of the
curity, and other requirements of the United (xiv) The Administrator of the Environ- United States and internationally agreed
States; mental Protection Agency. upon policies.
(C) a review and appraisal of selected man- (xv) The Administrator of the National (2) CHIEF MANUFACTURING OFFICER.—The
ufacturing and industrial innovation related Aeronautics and Space Administration. Chief Manufacturing Officer may take such
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1345
actions as may be necessary or appropriate SEC. 2509. TELECOMMUNICATIONS WORKFORCE (c) PROGRAM.—The Assistant Secretary,
to implement the functions described in TRAINING GRANT PROGRAM. acting through the Office of Minority
paragraph (1). (a) SHORT TITLE.—This section may be Broadband Initiatives established under sec-
(l) COORDINATION.—The head of each agen- cited as the ‘‘Improving Minority Participa- tion 902(b)(1) of division N of the Consoli-
cy in the executive branch of the Federal tion And Careers in Telecommunications dated Appropriations Act, 2021 (Public Law
Government, without regard to whether the Act’’ or the ‘‘IMPACT Act’’. 116–260), shall establish a program, to be
head of the agency is a member of the Coun- known as the ‘‘Telecommunications Work-
(b) DEFINITIONS.—In this section:
cil, shall coordinate manufacturing and in- force Training Grant Program’’, under which
(1) ASSISTANT SECRETARY.—The term ‘‘As-
dustrial innovation policy with the Council. the Assistant Secretary awards grants to eli-
(m) ADMINISTRATION.— sistant Secretary’’ means the Assistant Sec-
retary of Commerce for Communications and gible entities to develop training programs.
(1) COORDINATION WITH NATIONAL SCIENCE (d) FUND.—
AND TECHNOLOGY COUNCIL.—In carrying out
Information.
(2) COVERED GRANT.—The term ‘‘covered (1) ESTABLISHMENT.—There is established
the duties of the Council, the Council shall
grant’’ means a grant awarded under sub- in the Treasury of the United States a fund
consult with the National Science and Tech-
section (c). to be known as the ‘‘Telecommunications
nology Council, as necessary.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible Workforce Training Grant Program Fund’’.
(2) AD COMMITTEES; TASKS FORCES, INTER-
entity’’ means a historically Black college (2) AVAILABILITY.—Amounts in the Fund
AGENCY GROUPS.—The Council may function
or university, Tribal College or University, shall be available to the Assistant Secretary
through established or ad hoc committees,
or minority-serving institution, or a consor- to carry out the Grant Program.
task forces, or interagency groups.
(3) REQUIREMENT TO COOPERATE.—Each tium of such entities, that forms a partner- (e) APPLICATION.—
agency in the executive branch of the Fed- ship with 1 or more of the following entities (1) IN GENERAL.—An eligible entity desiring
eral Government shall— to carry out a training program: a covered grant shall submit an application
(A) cooperate with the Council; and (A) A member of the telecommunications to the Assistant Secretary at such time, in
(B) provide assistance, information, and industry, such as a company or industry as- such manner, and containing such informa-
advice to the Council, as the Council may re- sociation. tion as the Assistant Secretary may require.
quest, to the extent permitted by law. (B) A labor or labor-management organiza- (2) CONTENTS.—An eligible entity shall in-
(4) ASSISTANCE TO COUNCIL.—For the pur- tion with experience working in the tele- clude in an application under paragraph (1)—
pose of carrying out the provisions of this communications industry or a similar indus- (A) a commitment from the industry part-
section, the head of each agency that is a try. ner of the eligible entity to collaborate with
member of the Council shall furnish nec- (C) The Telecommunications Industry Reg- the eligible entity to develop a training pro-
essary assistance and resources to the Coun- istered Apprenticeship Program. gram, including curricula and internships or
cil, which may include— (D) A nonprofit organization dedicated to apprenticeships;
(A) detailing employees of the agency to helping individuals gain employment in the (B) a description of how the eligible entity
the Council to perform such functions, con- telecommunications industry. plans to use the covered grant, including the
sistent with the purposes of this section, as (E) A community or technical college with type of training program the eligible entity
the Chair of the Council may assign to those experience in providing workforce develop- plans to develop;
detailees; ment for individuals seeking employment in (C) a plan for recruitment of students and
(B) providing office support and printing, the telecommunications industry or a simi- potential students to participate in the
as requested by the Chair of the Council; and lar industry. training program;
(C) upon the request of the Chair of the (F) A Federal agency laboratory special- (D) a plan to increase female student par-
Council, undertake special studies for the izing in telecommunications technology. ticipation in the training program of the eli-
Council that come within the functions of (4) FUND.—The term ‘‘Fund’’ means the gible entity; and
the Council described in subsection (k). Telecommunications Workforce Training (E) a description of potential jobs to be se-
(n) NATIONAL MEDAL OF MANUFACTURING Grant Program Fund established under sub- cured through the training program, includ-
AND INDUSTRIAL INNOVATION.— section (d)(1). ing jobs in the communities surrounding the
(1) RECOMMENDATIONS.—The President (5) GRANT PROGRAM.—The term ‘‘Grant eligible entity.
shall from time to time award a medal, to be Program’’ means the Telecommunications (f) USE OF FUNDS.—An eligible entity may
known as the ‘‘National Medal of Manufac- Workforce Training Grant Program estab- use a covered grant, with respect to the
turing and Industrial Innovation’’, on the lished under subsection (c). training program of the eligible entity, to—
basis of recommendations received from the (6) HISTORICALLY BLACK COLLEGE OR UNI- (1) hire faculty members to teach courses
National Academies of Sciences, the Chief VERSITY.—The term ‘‘historically Black col- in the training program;
Manufacturing Officer, or on the basis of lege or university’’ has the meaning given (2) train faculty members to prepare stu-
such other information and evidence as the the term ‘‘part B institution’’ in section 322 dents for employment in jobs related to the
President determines appropriate, to individ- of the Higher Education Act of 1965 (20 U.S.C. deployment of next-generation wired and
uals who in the judgment of the President 1061). wireless communications networks, includ-
are deserving of special recognition by rea- (7) INDUSTRY FIELD ACTIVITIES.—The term ing 5G networks, hybrid fiber-coaxial net-
son of outstanding contributions to knowl- ‘‘industry field activities’’ means activities works, and fiber infrastructure, particularly
edge in manufacturing and industrial inno- at active telecommunications, cable, and in—
vation. broadband network worksites, such as tow- (A) broadband and wireless network engi-
(2) NUMBER.—Not more than 20 individuals ers, construction sites, and network manage- neering;
may be awarded a medal under this section ment hubs. (B) network deployment, operation, and
in any one calendar year. (8) INDUSTRY PARTNER.—The term ‘‘indus- maintenance;
(3) CITIZENSHIP.—An individual may not be try partner’’ means an entity described in (C) industry field activities; and
awarded a medal under this section unless at subparagraphs (A) through (F) of paragraph (D) cloud networks, data centers, and cy-
the time such award is made the individual— (3) with which an eligible entity forms a bersecurity;
(A) is a citizen or other national of the partnership to carry out a training program. (3) design and develop curricula and other
United States; or (9) MINORITY-SERVING INSTITUTION.—The components necessary for degrees, courses,
(B) is an individual lawfully admitted to term ‘‘minority-serving institution’’ means or programs of study, including certificate
the United States for permanent residence an institution described in section 371(a) of programs and credentialing programs, that
who— the Higher Education Act of 1965 (20 U.S.C. comprise the training program;
(i) has filed an application for petition for 1067q(a)). (4) pay for costs associated with instruc-
naturalization in the manner prescribed by (10) TRAINING PROGRAM.—The term ‘‘train- tion under the training program, including
section 334(b) of the Immigration and Na- ing program’’ means a credit or non-credit the costs of equipment, telecommunications
tionality Act (8 U.S.C. 1445(b)); and program developed by an eligible entity, in training towers, laboratory space, classroom
(ii) is not permanently ineligible to be- partnership with an industry partner, that— space, and instructional field activities;
come a citizen of the United States. (A) is designed to educate and train stu- (5) fund scholarships, student internships,
(4) CEREMONIES.—The presentation of the dents to participate in the telecommuni- apprenticeships, and pre-apprenticeship op-
award shall be made by the President with cations workforce; and portunities;
such ceremonies as determined proper, in- (B) includes a curriculum and apprentice- (6) recruit students for the training pro-
cluding attendance by appropriate Members ship or internship opportunities that can gram; and
of Congress. also be paired with— (7) support the enrollment in the training
ctelli on DSK11ZRN23PROD with SENATE
(o) AUTHORIZATION OF APPROPRIATIONS.— (i) a degree program; or program of individuals working in the tele-
There are authorized to be appropriated for (ii) stacked credentialing toward a degree. communications industry in order to ad-
each of fiscal years 2022 through 2026— (11) TRIBAL COLLEGE OR UNIVERSITY.—The vance professionally in the industry.
(1) $5,000,000, for the purpose of carrying term ‘‘Tribal College or University’’ has the (g) GRANT AWARDS.—
out subsections (c) through (i); and meaning given the term in section 316(b)(3) (1) DEADLINE.—Not later than 2 years after
(2) $5,000,000, for the purpose of carrying of the Higher Education Act of 1965 (20 U.S.C. the date on which amounts are appropriated
out subsections (j) through (m). 1059c(b)(3)). to the Fund pursuant to subsection (m), the
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S1346 CONGRESSIONAL RECORD — SENATE March 22, 2022
Assistant Secretary shall award all covered (1) identifies each eligible entity that re- an internet website unless the internet
grants. ceived a covered grant and the amount of the website description of the drug indicates in a
(2) MINIMUM ALLOCATION TO CERTAIN ENTI- covered grant; conspicuous manner the name and place of
TIES.—The Assistant Secretary shall award (2) describes the progress each eligible en- business of the manufacturer, packer, or dis-
not less than— tity described in paragraph (1) has made to- tributor that is required to appear on the
(A) 30 percent of covered grant amounts to ward accomplishing the overall purpose of label of the drug in accordance with section
historically Black colleges or universities; the Grant Program, as described in sub- 502(b) of the Federal Food, Drug, and Cos-
and section (c); metic Act (21 U.S.C. 352(b)).
(B) 30 percent of covered grant amounts to (3) summarizes the job placement status or (b) PROHIBITION ON FALSE AND MISLEADING
Tribal Colleges or Universities. apprenticeship opportunities of students who REPRESENTATION OF UNITED STATES ORIGIN
(3) EVALUATION CRITERIA.—As part of the have participated in the training program of ON PRODUCTS.—
final rules issued under subsection (h), the the eligible entity; and (1) UNLAWFUL ACTIVITY.—Notwithstanding
Assistant Secretary shall develop criteria for (4) includes the findings of any audits con- any other provision of law, it shall be unlaw-
evaluating applications for covered grants. ducted by the Inspector General of the De- ful to make any false or deceptive represen-
(4) COORDINATION.—The Assistant Sec- partment of Commerce under subsection tation that a product or its parts or proc-
retary shall ensure that grant amounts (k)(1) that were not included in the previous essing are of United States origin in any la-
awarded under paragraph (2) are coordinated report submitted under this subsection. beling, advertising, or other promotional
with, and do not duplicate the specific use of, (m) AUTHORIZATION OF APPROPRIATIONS.— materials, or any other form of marketing,
grant amounts provided under section 902 of (1) IN GENERAL.—There is authorized to be including marketing through digital or elec-
division N of the Consolidated Appropria- appropriated to the Fund a total of tronic means in the United States.
tions Act, 2021 (Public Law 116–260). $100,000,000 for fiscal years 2022 through 2027, (2) DECEPTIVE REPRESENTATION.—For pur-
(5) CONSTRUCTION.—In awarding grants to remain available until expended. poses of paragraph (1), a representation that
under this section for training or education (2) ADMINISTRATION.—The Assistant Sec- a product is in whole, or in part, of United
relating to construction, the Assistant Sec- retary may use not more than 2 percent of States origin is deceptive if, at the time the
retary may prioritize applicants that partner the amounts appropriated to the Fund for representation is made, such claim is not
with apprenticeship programs, pre-appren- the administration of the Grant Program. consistent with section 5 of the Federal
SEC. 2510. COUNTRY OF ORIGIN LABELING ON- Trade Commission Act (15 U.S.C. 45(a)), pro-
ticeship programs, or public two-year com-
LINE ACT. vided that no other Federal statute applies.
munity or technical colleges that have a
(a) MANDATORY ORIGIN AND LOCATION DIS- (c) ENFORCEMENT BY COMMISSION.—
written agreement with one or more appren-
CLOSURE FOR PRODUCTS OFFERED FOR SALE ON (1) UNFAIR OR DECEPTIVE ACTS OR PRAC-
ticeship programs.
THE INTERNET.— TICES.—A violation of subsection (a) or (b)
(h) RULES.—Not later than 180 days after (1) IN GENERAL.—It shall be unlawful for a shall be treated as a violation of a rule under
the date of enactment of this division, after product that is required to be marked under section 18(a)(1)(B) of the Federal Trade Com-
providing public notice and an opportunity section 304 of the Tariff Act of 1930 (19 U.S.C. mission Act (15 U.S.C. 57a(a)(1)(B)).
to comment, the Assistant Secretary, in con- 1304) or its implementing regulations to be (2) POWERS OF THE COMMISSION.—
sultation with the Secretary of Labor and introduced, sold, advertised, or offered for (A) IN GENERAL.—The Commission shall en-
the Secretary of Education, shall issue final sale in commerce on an internet website un- force this section in the same manner, by the
rules governing the Grant Program. less the internet website description of the same means, and with the same jurisdiction,
(i) TERM.—The Assistant Secretary shall product— powers, and duties as though all applicable
establish the term of a covered grant, which (A)(i) indicates in a conspicuous place the terms and provisions of the Federal Trade
may not be less than 5 years. country of origin of the product, in a manner Commission Act (15 U.S.C. 41 et seq.) were
(j) GRANTEE REPORTS.—During the term of consistent with the regulations prescribed incorporated into and made a part of this
a covered grant received by an eligible enti- under section 304 of the Tariff Act of 1930 (19 section.
U.S.C. 1304) and the country of origin mark- (B) PRIVILEGES AND IMMUNITIES.—Any per-
ty, the eligible entity shall submit to the As-
ing regulations administered by U.S. Cus- son that violates subsection (a) or (b) shall
sistant Secretary a semiannual report that,
toms and Border Protection; and be subject to the penalties and entitled to
with respect to the preceding 6-month pe-
(ii) includes, in the case of— the privileges and immunities provided in
riod—
(I) a new passenger motor vehicle (as de- the Federal Trade Commission Act (15 U.S.C.
(1) describes how the eligible entity used
fined in section 32304 of title 49, United 41 et seq.) as though all applicable terms and
the covered grant amounts;
States Code), the disclosure required by such provisions of that Act were incorporated and
(2) describes the progress the eligible enti-
section; made part of this section.
ty made in developing and executing the
(II) a textile fiber product (as defined in (C) AUTHORITY PRESERVED.—Nothing in
training program of the eligible entity;
section 2 of the Textile Fiber Products Iden- this section may be construed to limit the
(3) describes the number of faculty and stu-
tification Act (15 U.S.C. 70b)), the disclosure authority of the Commission under any
dents participating in the training program
required by such Act; other provision of law.
of the eligible entity;
(III) a wool product (as defined in section 2 (3) INTERAGENCY AGREEMENT.—Not later
(4) describes the partnership with the in-
of the Wool Products Labeling Act of 1939 (15 than 6 months after the date of enactment of
dustry partner of the eligible entity, includ-
U.S.C. 68)), the disclosure required by such this division, the Commission and U.S. Cus-
ing—
Act; toms and Border Protection shall—
(A) the commitments and in-kind contribu-
(IV) a fur product (as defined in section 2 of (A) enter into a Memorandum of Under-
tions made by the industry partner; and
the Fur Products Labeling Act (15 U.S.C. standing or other appropriate agreement for
(B) the role of the industry partner in cur-
69)), the disclosure required by such Act; and the purpose of providing consistent imple-
riculum development, the degree program,
(V) a covered commodity (as defined in sec- mentation of this section; and
and internships and apprenticeships; and
tion 281 of the Agricultural Marketing Act of (B) publish such agreement to provide pub-
(5) includes data on internship, apprentice-
1946 (7 U.S.C. 1638)), the country of origin in- lic guidance.
ship, and employment opportunities and
formation required by section 282 of such Act (4) DEFINITION OF COMMISSION.—In this sub-
placements.
(7 U.S.C. 1638a); and section, the term ‘‘Commission’’ means the
(k) OVERSIGHT.— (B) indicates in a conspicuous place the
(1) AUDITS.—The Inspector General of the Federal Trade Commission.
country in which the seller of the product is (d) EFFECTIVE DATE.—This section shall
Department of Commerce shall audit the located (and, if applicable, the country in take effect 9 months after the date of enact-
Grant Program in order to— which any parent corporation of such seller ment of this division.
(A) ensure that eligible entities use cov- is located). SEC. 2511. COUNTRY OF ORIGIN LABELING FOR
ered grant amounts in accordance with— (2) LIMITATION.—The disclosure of a prod- KING CRAB AND TANNER CRAB.
(i) the requirements of this section; and uct’s country of origin required pursuant to Section 281(7)(B) of the Agricultural Mar-
(ii) the overall purpose of the Grant Pro- paragraph (1)(A) shall not be made in such a keting Act of 1946 (7 U.S.C. 1638(7)(B)) is
gram, as described in subsection (c); and manner as to represent to a consumer that amended—
(B) prevent waste, fraud, and abuse in the the product is in whole, or part, of United (1) by striking ‘‘includes a fillet’’ and in-
operation of the Grant Program. States origin, unless such disclosure is con- serting ‘‘includes—
(2) REVOCATION OF FUNDS.—The Assistant sistent with section 5 of the Federal Trade ‘‘(i) a fillet’’;
Secretary shall revoke a grant awarded to an Commission Act (15 U.S.C. 45(a)), provided (2) by striking the period at the end and in-
eligible entity that is not in compliance with that no other Federal statute applies. serting ‘‘; and’’; and
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the requirements of this section or the over- (3) CERTAIN DRUG PRODUCTS.—It shall be (3) by adding at the end the following:
all purpose of the Grant Program, as de- unlawful for a drug that is not subject to sec- ‘‘(ii) whole cooked king crab and tanner
scribed in subsection (c). tion 503(b)(1) of the Federal Food, Drug, and crab and cooked king crab and tanner crab
(l) ANNUAL REPORT TO CONGRESS.—Each Cosmetic Act (21 U.S.C. 353(b)(1)) and that is sections.’’.
year, until all covered grants have expired, required to be marked under section 304 of SEC. 2512.INTERNET EXCHANGES AND SUB-
the Assistant Secretary shall submit to Con- the Tariff Act of 1930 (19 U.S.C. 1304) to be of- MARINE CABLES.
gress a report that— fered for sale in commerce to consumers on (a) DEFINITIONS.—In this section:
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1347
(1) ASSISTANT SECRETARY.—The term ‘‘As- pansion of operations at, an internet ex- unit of government outside of the United
sistant Secretary’’ means the Assistant Sec- change facility for which a covered grant is States.
retary of Commerce for Communications and awarded may not exceed 50 percent. (3) SISTER CITY PARTNERSHIP.—The term
Information. (4) GRANT AMOUNT.—The amount of a cov- ‘‘sister city partnership’’ means a formal
(2) CORE BASED STATISTICAL AREA.—The ered grant may not exceed $3,000,000. agreement between a United States commu-
term ‘‘core based statistical area’’ has the (5) APPLICATIONS.— nity and a foreign community that—
meaning given the term by the Office of (A) RULES AND TIMELINES.—Not later than 1 (A) is recognized by Sister Cities Inter-
Management and Budget in the Notice of De- year after the date of enactment of this divi- national; and
cision entitled ‘‘2010 Standards for Delin- sion, the Assistant Secretary shall establish (B) is operating within the United States.
eating Metropolitan and Micropolitan Sta- rules and timelines for applications for— (4) UNITED STATES COMMUNITY.—The term
tistical Areas’’, published in the Federal (i) covered grants; and ‘‘United States community’’ means a State,
Register on June 28, 2010 (75 Fed. Reg. 37246), (ii) grants under subsection (c). county, city, or other unit of local govern-
or any successor to that Notice. (B) THIRD PARTY REVIEW.—To prevent fraud ment in the United States.
(3) COVERED GRANT.—The term ‘‘covered in the covered grant program, the Assistant (c) STUDY OF SISTER CITY PARTNERSHIPS
grant’’ means a grant awarded under sub- Secretary shall enter into a contract with an OPERATING WITHIN THE UNITED STATES IN-
section (b)(1). independent third party under which the VOLVING FOREIGN COMMUNITIES IN COUNTRIES
(4) INDIAN TRIBE.—The term ‘‘Indian third party reviews an application for a cov- WITH SIGNIFICANT PUBLIC SECTOR CORRUP-
Tribe’’— ered grant not later than 60 days after the TION.—
(A) has the meaning given the term in sec- date on which the application is submitted (1) IN GENERAL.—The Comptroller General
tion 4 of the Indian Self-Determination and to ensure that only an entity that is eligible of the United States shall conduct a study of
Education Assistance Act (25 U.S.C. 5304); for a covered grant receives a covered grant. the activities of sister city partnerships in-
and (6) RULE OF CONSTRUCTION.—Nothing in this volving foreign communities in countries re-
(B) includes a Native Hawaiian organiza- subsection shall be construed to authorize ceiving a score of 45 or less on Transparency
tion, as that term is defined in section 6207 the Assistant Secretary to regulate, issue International’s 2019 Corruption Perceptions
of the Native Hawaiian Education Act (20 guidance for, or otherwise interfere with the
U.S.C. 7517). Index.
activities at an internet exchange facility. (2) ELEMENTS OF THE STUDY.—The study
(5) INTERNET EXCHANGE FACILITY.—The (c) SUBMARINE CABLE LANDING STATION
term ‘‘internet exchange facility’’ means conducted under paragraph (1) shall—
GRANTS.—Not later than 1 year after the
physical infrastructure through which inter- (A) identify—
date on which amounts are made available
net service providers and content delivery (i) the criteria by which foreign commu-
under subsection (e), and in accordance with
networks exchange internet traffic between the rules and timelines established under nities identify United States communities as
their networks. subsection (b)(5)(A), the Assistant Secretary candidates for sister city partnerships, in-
(6) STATE.—The term ‘‘State’’ has the shall award grants to States and Indian cluding themes with respect to the promi-
meaning given the term in section 3 of the Tribes to build infrastructure and acquire nent economic activities and demographics
Communications Act of 1934 (47 U.S.C. 153). necessary equipment to establish or expand of such United States communities;
(7) SUBMARINE CABLE LANDING STATION.— an open-access, carrier-neutral submarine (ii) the activities conducted within sister
The term ‘‘submarine cable landing station’’ cable landing station that serves a military city partnerships;
means a cable landing station, as that term facility. (iii) the economic and educational out-
is used in section 1.767(a)(5) of title 47, Code (d) REPORT.—Not later than 5 years after comes of such activities;
of Federal Regulations (or any successor reg- the date of enactment of this division, and (iv) the types of information that sister
ulation), that can be utilized to land a sub- annually thereafter for 5 years, the Assistant city partnerships make publicly available,
marine cable by an entity that has obtained Secretary shall submit a report on outcomes including information relating to contracts
a license under the first section of the Act of grants awarded under this section to— and activities;
entitled ‘‘An Act relating to the landing and (1) the Committee on Commerce, Science, (v) the means by which United States com-
operation of submarine cables in the United and Transportation of the Senate; and munities safeguard freedom of expression
States’’, approved May 27, 1921 (47 U.S.C. 34) (2) the Committee on Energy and Com- within sister city partnerships; and
(commonly known as the ‘‘Cable Landing Li- merce of the House of Representatives. (vi) the oversight practices that United
censing Act’’). (e) AUTHORIZATION OF APPROPRIATIONS.— States communities implement to mitigate
(b) INTERNET EXCHANGE FACILITY (1) IN GENERAL.—There is authorized to be the risks of foreign espionage and economic
GRANTS.— appropriated $35,000,000 to carry out sub- coercion within sister city partnerships;
(1) GRANTS.—Not later than 1 year after sections (b) and (c). (B) assess—
the date on which amounts are made avail- (2) LIMITATION.—The Assistant Secretary (i) the extent to which United States com-
able under subsection (e), the Assistant Sec- may not use more than 10 percent of the munities ensure transparency regarding sis-
retary shall award grants to entities to ac- amounts made available under paragraph (1) ter city partnership contracts and activities;
quire real property and necessary equipment to administer and report on the outcomes of (ii) the extent to which sister city partner-
to— grants awarded under this section. ships involve economic arrangements that
(A) establish a new internet exchange fa- (f) RETURN OF CERTAIN GRANT AMOUNTS.— make United States communities vulnerable
cility in a core based statistical area in The Assistant Secretary may require a re- to malign market practices;
which, at the time the grant is awarded, cipient of a grant awarded under subsection (iii) the extent to which sister city part-
there are no existing internet exchange fa- (b) or (c) to return all or a portion of the nerships involve educational arrangements
cilities; or grant amount if there is evidence of waste, that diminish the freedom of expression;
(B) expand operations at an existing inter- fraud, or abuse of grant funds by the recipi- (iv) the extent to which sister city partner-
net exchange facility in a core based statis- ent. ships allow foreign nationals to access local
tical area in which, at the time the grant is SEC. 2513. STUDY OF SISTER CITY PARTNERSHIPS commercial, educational, and political insti-
OPERATING WITHIN THE UNITED
awarded, there is only 1 internet exchange tutions;
STATES INVOLVING FOREIGN COM-
facility. MUNITIES IN COUNTRIES WITH SIG- (v) the extent to which foreign commu-
(2) ELIGIBILITY.—To be eligible to receive a NIFICANT PUBLIC SECTOR CORRUP- nities could use sister city partnerships to
covered grant, an entity shall— TION. realize strategic objectives that do not con-
(A) have sufficient interest from third (a) SHORT TITLE.—This section may be duce to the economic and national security
party entities that will use the internet ex- cited as the ‘‘Sister City Transparency Act’’. interests of the United States;
change facility to be funded by the grant (b) DEFINITIONS.—In this section: (vi) the extent to which sister city partner-
once the facility is established or operations (1) APPROPRIATE CONGRESSIONAL COMMIT- ships could enable or otherwise contribute to
are expanded, as applicable; TEES.—The term ‘‘appropriate congressional foreign communities’ malign activities glob-
(B) have sovereign control over the land or committees’’ means— ally, including activities relating to human
building in which the internet exchange fa- (A) the Committee on Foreign Relations of rights abuses and academic and industrial
cility is to be housed; the Senate; espionage; and
(C) provide evidence of direct conduit, (B) the Committee on Health, Education, (vii) the extent to which United States
duct, and manhole access to public rights-of- Labor, and Pensions of the Senate; communities seek to mitigate foreign na-
way; (C) the Committee on Armed Services of tionals’ potentially inappropriate use of visa
(D) have a plan to establish security proto- the Senate; programs to participate in activities relating
cols for the internet exchange facility to pre- (D) the Committee on Foreign Affairs of to sister city partnerships; and
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vent physical or electronic intrusion from the House of Representatives; (C) review—
unauthorized users; and (E) the Committee on Education and Labor (i) the range of activities conducted within
(E) provide other information required by of the House of Representatives; and sister city partnerships, including activities
the Assistant Secretary to protect against (F) the Committee on Armed Services of relating to cultural exchange and economic
waste, fraud, or abuse. the House of Representatives. development;
(3) FEDERAL SHARE.—The Federal share of (2) FOREIGN COMMUNITY.—The term ‘‘for- (ii) how such activities differ between sis-
the total cost of the establishment of, or ex- eign community’’ means any subnational ter city partnerships; and
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S1348 CONGRESSIONAL RECORD — SENATE March 22, 2022
(iii) best practices to ensure transparency ative activities relating to nuclear coopera- (2) NUCLEAR COOPERATION ACTIVITIES.—The
regarding sister city partnerships’ agree- tion between the United States Government term ‘‘nuclear cooperation activities’’ means
ments, activities, and employees. and the People’s Republic of China during activities relating to nuclear cooperation.
(3) REPORT.— the 25-year period ending on the date of en- (e) RULE OF CONSTRUCTION.— Nothing in
(A) IN GENERAL.—Not later than 6 months actment of this division, including— this division shall be construed to prohibit—
after initiating the study required under (i) all trips relating to nuclear cooperation (1) United States commercial activities,
paragraph (1), the Comptroller General shall taken by officials of the Department of State provided such activities are consistent with
submit a report to the appropriate congres- to the People’s Republic of China; the laws and regulations of the United
sional committees that contains the results (ii) all exchanges of goods, services, data, States; and
of such study, including the findings, conclu- or information between officials of the (2) limited diplomatic engagement or dia-
sions, and recommendations (if any) of the United States Government and an entity de- logue—
study. scribed in subparagraph (A) or (B) of sub- (A) including regarding protection of the
(B) FORM.—The report required under sub- section (a)(1); and intellectual property and trade secrets of
paragraph (A) may include a classified (C) all instances in which officials of the American persons; and
annex, if necessary. United States Government hosted officials (B) except for any diplomatic engagement
SEC. 2514. PROHIBITION ON TRANSFER, ASSIGN- from, or significantly tied to, an entity de- or dialogue relating to or aimed at facili-
MENT, OR DISPOSITION OF CON- scribed in subparagraph (A) or (B) of sub- tating the transfer of nuclear technology.
STRUCTION PERMITS AND STATION section (a)(1). SEC. 2516. CERTIFICATION.
LICENSES TO ENTITIES SUBJECT TO (3) DEADLINE AND REPORT.—Not later than 1 Section 1260I(a) of the National Defense
UNDUE INFLUENCE BY THE CHI- Authorization Act for Fiscal Year 2020 (Pub-
year after the date on which the Secretary
NESE COMMUNIST PARTY OR THE lic Law 116–92; 113 Stat. 1687) is amended—
GOVERNMENT OF THE PEOPLE’S RE- and the National Academy enter into an
agreement described in paragraph (1), the (1) by inserting ‘‘and’’ at the end of para-
PUBLIC OF CHINA.
National Academy shall— graph (2); and
The Federal Communications Commission (2) by striking paragraphs (3) and (4) and
shall, pursuant to section 310 of the Commu- (A) complete the review and assessment de-
scribed in paragraph (2); and inserting the following:
nications Act of 1934 (47 U.S.C. 310), prohibit ‘‘(3) Huawei does not pose an ongoing
the transfer, assignment, or disposition of (B) submit a report containing the results
of the review and assessment, which shall be threat to the critical infrastructure of the
construction permits and station licenses to United States or its allies.’’.
an entity that is subject to undue influence unclassified but, if necessary, may contain a
classified annex, to— SEC. 2517. FAIRNESS AND DUE PROCESS IN
by the Chinese Communist Party or the Gov- STANDARDS-SETTING BODIES.
ernment of the People’s Republic of China. (i) the Secretary; and
(a) DEFINITIONS.—In this section:
SEC. 2515. LIMITATION ON NUCLEAR COOPERA-
(ii) the appropriate congressional commit-
(1) APPROPRIATE COMMITTEES OF CON-
TION WITH THE PEOPLE’S REPUBLIC tees.
GRESS.—The term ‘‘appropriate committees
OF CHINA. (4) PUBLICATION.—Not later than 60 days
of Congress’’ means—
(a) IN GENERAL.—The President shall not— after the date on which the National Acad-
(A) the Committee on Commerce, Science,
(1) develop, design, plan, promulgate, im- emy submits the report under paragraph (3),
and Transportation of the Senate;
plement, or execute a bilateral policy, pro- the Secretary shall make the report pub-
(B) the Committee on Armed Services of
gram, order, or contract of any kind to par- lically available in an easily accessible elec- the Senate;
ticipate in, collaborate on, or coordinate bi- tronic format, with appropriate redactions (C) the Select Committee on Intelligence
laterally in any manner with respect to nu- for information that, in the determination of of the Senate;
clear cooperation activities, or otherwise en- the Secretary, would be damaging to the na- (D) the Committee on Foreign Relations of
gage in nuclear cooperation, with— tional security of the United States if dis- the Senate;
(A) the Government of the People’s Repub- closed. (E) the Committee on Science, Space, and
lic of China; or (c) WAIVERS.— Technology of the House of Representatives;
(B) any company— (1) WAIVER FOR COUNTERTERRORISM; NON- (F) the Committee on Armed Services of
(i) owned by the Government of the Peo- PROLIFERATION ACTIVITIES; AND THE NATIONAL the House of Representatives;
ple’s Republic of China; or INTEREST.—The President may waive the (G) the Permanent Select Committee on
(ii) incorporated under the laws of the Peo- limitation under subsection (a)— Intelligence of the House of Representatives;
ple’s Republic of China; or (A) to continue ongoing activities with the and
(2) allow any agency of the United States People’s Republic of China relating to nu- (H) the Committee on Foreign Affairs of
Government to host official visitors at a fa- clear and radiological counterterrorism, nu- the House of Representatives.
cility belonging to the agency if those visi- clear and radiological counterproliferation, (2) ASSISTANT SECRETARY.—The term ‘‘As-
tors are— and nuclear and radiological nonprolifera- sistant Secretary’’ means the Assistant Sec-
(A) officials, corporate officers, or prin- tion; or retary of Commerce for Communications and
cipal shareholders of any entity described in (B) if the President determines that such Information.
subparagraph (A) or (B) of paragraph (1); or waiver is in the national interests of the (b) STUDY.—
(B) individuals subject to undue influence United States, provided the Federal Bureau (1) IN GENERAL.—Not later than 270 days
by the individuals described in subparagraph of Investigation certifies prior to such waiv- after the date of enactment of this division,
(A). er that the persons covered under such waiv- the Secretary of Commerce, acting through
(b) REVIEW OF PRIOR NUCLEAR COOPERATION er— the Assistant Secretary, shall submit to the
AND ASSOCIATED IMPACTS.— (i) are not subject to undue influence by appropriate committees of Congress the re-
(1) AGREEMENT.—Not later than 60 days the Government of the People’s Republic of sults of a study identifying opportunities for
after the date of enactment of this division, China or the Chinese Communist Party, or improved participation by United States
the Secretary of State shall seek to enter by officials of the People’s Republic of China Government experts in the standardization
into an agreement with the National Acad- or the Chinese Communist Party; and activities of the Telecommunication Stand-
emy of Public Administration (referred to in (ii) are not engaged in human rights ardization Sector of the International Tele-
this section as the ‘‘National Academy’’) to abuses. communication Union.
carry out the review and assessment de- (2) WAIVER TO ADDRESS EMERGENCIES.—Sub- (2) CONSULTATIONS REQUIRED.—In con-
scribed in paragraph (2) and submit the re- ject to receiving appropriate licenses and ducting the study required under paragraph
port described in paragraph (3). other authorizations, the President may (1), the Assistant Secretary shall—
(2) REVIEW AND ASSESSMENT.— waive the limitation under subsection (a) to (A) consult with—
(A) IN GENERAL.—Under the agreement de- allow transfers of technology and equipment (i) the Under Secretary of State for Eco-
scribed in paragraph (1), the National Acad- to address a nuclear or radiological emer- nomic Growth, Energy, and the Environ-
emy shall— gency. ment; and
(i) conduct a review of nuclear cooperation (3) NOTIFICATION REQUIREMENT.—The Presi- (ii) the Chairman of the Federal Commu-
during the 25-year period ending on the date dent shall notify Congress of any waiver nications Commission;
of enactment of this division between the issued under paragraph (1) or (2). (B) engage with the International Digital
United States Government and the People’s (d) DEFINITIONS.—In this section: Economy and Telecommunication Advisory
Republic of China, including the role of the (1) NUCLEAR COOPERATION.—The term ‘‘nu- Committee; and
Department of State in facilitating such co- clear cooperation’’ means cooperation with (C) provide opportunities for all relevant
operation; and respect to nuclear activities, including the stakeholders in the United States to provide
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(ii) perform an assessment of the implica- development, use, or control of atomic en- meaningful input with respect to the con-
tions of the cooperation described in clause ergy, including any activities involving the duct of the study.
(i) on the national security of the United processing or utilization of source material, (3) CONTENTS.—The study required under
States. byproduct material, or special nuclear mate- paragraph (1) shall include—
(B) ELEMENTS.—In conducting the review rial (as those terms are defined in section 11 (A) the identification and assessment of
and assessment under subparagraph (A), the of the Atomic Energy Act of 1954 (42 U.S.C. factors that serve as a barrier to the partici-
National Academy shall examine all cooper- 2014)). pation of United States Government experts
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1349
in the standards development activities of whether the exemption contained in para- accordance with section 12 of the Stevenson-
the Telecommunication Standardization graph (1) should continue or be terminated. Wydler Technology Innovation Act of 1980 (15
Sector of the International Telecommuni- In preparing such report and making such U.S.C. 3710a).
cation Union, including— recommendation, the Secretary shall ana- (5) PRIVATE SECTOR CONTRIBUTIONS.—The
(i) budgetary constraints; lyze factors including— Assistant Secretary may accept private con-
(ii) lack of awareness regarding the stra- (A) the economic viability of dogfish fish- tributions to the Applied Research Open-
tegic importance of, and support for, partici- eries with and without the continuation of RAN testbed in the form of network equip-
pation in those activities; the exemption; ment or devices for testing purposes.
(iii) limited knowledge about opportunities (B) the impact to ocean ecosystems of con- (6) PARTNERSHIP WITH GOVERNMENT ENTI-
for, and means of, participation with respect tinuing or terminating the exemption; TIES.—
to those activities; (C) the impact on enforcement of the ban (A) ESTABLISHMENT.—In establishing the
(iv) the extent to which there are opportu- contained in subsection (b) caused by the ex- Applied Research Open-RAN testbed, the As-
nities for cooperation with government ex- emption; and sistant Secretary shall—
perts from like-minded foreign allies with re- (D) the impact of the exemption on shark (i) consult with the Federal Communica-
spect to those activities; and conservation. tions Commission, including with respect to
(v) any other barriers to effective partici- (e) DEFINITION OF SHARK FIN.—In this sec- ongoing work by the Commission to develop
pation in, and representation with respect tion, the term ‘‘shark fin’’ means— other testbeds, including private sector
to, those activities; and (1) the raw or dried or otherwise processed testbeds, related to Open-RAN technologies;
(B) recommendations regarding how the detached fin of a shark; or and
barriers to increased and effective participa- (2) the raw or dried or otherwise processed (ii) ensure that the work on the testbed is
tion, as identified under subparagraph (A), detached tail of a shark. coordinated with the responsibilities of the
could be addressed, which may include— (f) STATE AUTHORITY.—Nothing in this sec- Assistant Secretary under any relevant
(i) strategies and tactics to ensure long- tion may be construed to preclude, deny, or memorandum of understanding with the Fed-
term participation; limit any right of a State or territory to eral Communications Commission and the
(ii) means for improved information shar- adopt or enforce any regulation or standard National Science Foundation related to spec-
ing and coordination— that is more stringent than a regulation or trum.
(I) among Federal Government partici- standard in effect under this section. (B) OPERATIONS.—In operating the Applied
pants; (g) SEVERABILITY.—If any provision of this Research Open-RAN testbed, the Assistant
(II) between the public and private sectors; section or its application to any person or Secretary shall, in consultation with the
and circumstance is held invalid, the invalidity Federal Communications Commission, part-
(III) between the Federal Government and does not affect other provisions or applica- ner with—
like-minded foreign allies; tions of this section which can be given ef- (i) the First Responder Network Authority
(iii) identification of suitable leadership fect without the invalid provision or applica- of the NTIA (also known as ‘‘FirstNet’’) and
opportunities for Federal Government par- tion, and to this end the provisions of this the Public Safety Communications Research
ticipants; and section are severable. Division of the National Institute of Stand-
ards and Technology to examine use cases
(iv) any other recommendation that the SEC. 2519. SENSE OF CONGRESS ON FORCED
LABOR. and applications for Open-RAN technologies
Assistant Secretary determines to be appro-
in a public safety network;
priate. It is the sense of Congress that the Federal
(ii) other Federal agencies, as appropriate
SEC. 2518. SHARK FIN SALES ELIMINATION. Government shall not engage in research,
to examine use cases and applications for
(a) SHORT TITLE.—This section may be partnerships, contracts, or other agreements
Open-RAN technologies in other areas of in-
cited as the ‘‘Shark Fin Sales Elimination with any entity (including any country or
terest to such agencies; and
Act of 2021’’. institution of higher education) that has any
(iii) international partners, as appropriate.
(b) PROHIBITION ON SALE OF SHARK FINS.— affiliation with a country that engages in
(7) STAKEHOLDER INPUT.—The Assistant
(1) PROHIBITION.—Except as provided in forced labor. Secretary shall seek input from stakeholders
subsection (c), no person shall possess, trans- SEC. 2520. OPEN NETWORK ARCHITECTURE. regarding the establishment and operation of
port, offer for sale, sell, or purchase shark (a) OPEN NETWORK ARCHITECTURE the Applied Research Open-RAN testbed.
fins or products containing shark fins. TESTBED.— (8) IMPLEMENTATION DEADLINE.—Not later
(2) PENALTY.—A violation of paragraph (1) (1) DEFINITIONS.—In this subsection— than 180 days after the date of enactment of
shall be treated as an act prohibited by sec- (A) the term ‘‘Applied Research Open-RAN this division, the Assistant Secretary shall—
tion 307 of the Magnuson-Stevens Fishery testbed’’ means the testbed established (A) define metrics and parameters for the
Conservation and Management Act (16 U.S.C. under paragraph (2); Applied Research Open-RAN testbed, includ-
1857) and shall be penalized pursuant to sec- (B) the term ‘‘Assistant Secretary’’ means ing functionality, project configuration and
tion 308(a) of that Act (16 U.S.C. 1858(a)), ex- the Assistant Secretary of Commerce for capacity, performance, security require-
cept that the maximum civil penalty for Communications and Information; and ments, and quality assurance;
each violation shall be $100,000, or the fair (C) the term ‘‘NTIA’’ means the National (B) adopt any rules as necessary, in con-
market value of the shark fins involved, Telecommunications and Information Ad- sultation with the Federal Communications
whichever is greater. ministration. Commission; and
(c) EXCEPTIONS.—A person may possess a (2) ESTABLISHMENT.—The Assistant Sec- (C) begin the development of the Applied
shark fin that was taken lawfully under a retary shall establish an applied research Research Open-RAN testbed, including seek-
State, territorial, or Federal license or per- open network architecture testbed at the In- ing stakeholder input as required by para-
mit to take or land sharks, if the shark fin stitute for Telecommunication Sciences of graph (7).
is separated from the shark in a manner con- the NTIA to develop and demonstrate net- (9) REPORT.—Not later than 1 year after
sistent with the license or permit and is— work architectures and applications, equip- the date of enactment of this division, the
(1) destroyed or discarded upon separation; ment integration and interoperability at Assistant Secretary shall submit to the
(2) used for noncommercial subsistence scale, including— Committee on Commerce, Science and
purposes in accordance with State or terri- (A) Open Radio Access Network (commonly Transportation of the Senate and the Com-
torial law; known as ‘‘Open-RAN’’) technology; mittee on Energy and Commerce of the
(3) used solely for display or research pur- (B) Virtualized Radio Access Network House of Representatives a report on the
poses by a museum, college, or university, or (commonly known as ‘‘vRAN’’) technology; findings of the testbed and any recommenda-
other person under a State or Federal permit and tions for additional legislative or regulatory
to conduct noncommercial scientific re- (C) cloud native technologies that rep- actions relating to the work of the testbed.
search; or licate telecommunications hardware as soft- (10) AUTHORIZATION OF APPROPRIATIONS.—
(4) retained by the license or permit holder ware-based virtual network elements and (A) IN GENERAL.—There are authorized to
for a noncommercial purpose. functions. be appropriated for the administration of the
(d) DOGFISH.— (3) FOCUS; CONSIDERATIONS.—In estab- Applied Research Open-RAN testbed
(1) IN GENERAL.—It shall not be a violation lishing the Applied Research Open-RAN $20,000,000 for fiscal year 2022, to remain
of subsection (b) for any person to possess, testbed pursuant to this section, the Assist- available until expended.
transport, offer for sale, sell, or purchase any ant Secretary shall ensure that such testbed (B) RULE OF CONSTRUCTION.—Nothing in
fresh or frozen raw fin or tail from any stock evaluates issues related to deployment and paragraph (6) shall be construed to obligate
of the species Mustelus canis (smooth operation of open network architectures in FirstNet or any other Federal entity to pay
ctelli on DSK11ZRN23PROD with SENATE
dogfish) or Squalus acanthias (spiny rural areas. for the cost of the Applied Research Open-
dogfish). (4) COOPERATIVE RESEARCH AND DEVELOP- RAN testbed created under this section in
(2) REPORT.—By not later than January 1, MENT AGREEMENTS.—The Assistant Secretary the absence of the appropriation of amounts
2027, the Secretary of Commerce shall review shall enter into cooperative research and de- under this paragraph.
the exemption contained in paragraph (1) velopment agreements as appropriate to ob- (C) AUTHORIZATION FOR VOLUNTARY SUP-
and shall prepare and submit to Congress a tain equipment, devices, and expertise for PORT.—A Federal entity, including FirstNet,
report that includes a recommendation on the Applied Research Open-RAN testbed, in may voluntarily enter into an agreement
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S1350 CONGRESSIONAL RECORD — SENATE March 22, 2022
with NTIA to provide monetary or nonmone- SEC. 2521. COMBATTING SEXUAL HARASSMENT IN (d) DATA COLLECTION.—Not later than 180
tary support for the Applied Research Open- SCIENCE. days after the date of enactment of this divi-
RAN testbed. (a) DEFINITIONS.—This section may be cited sion, the Director, through the National Cen-
as the ‘‘Combating Sexual Harassment in ter for Science and Engineering Statistics
(b) PARTICIPATION IN STANDARDS-SETTING
Science Act of 2021’’. and with guidance from the Office of Man-
BODIES.— agement and Budget given their oversight of
(b) DEFINITIONS.—In this section:
(1) DEFINITIONS.—In this section— the Federal statistical agencies, shall con-
(1) DIRECTOR.—The term ‘‘Director’’ means
(A) the term ‘‘Assistant Secretary’’ means vene a working group composed of represent-
the Director of the National Science Founda-
the Assistant Secretary of Commerce for atives of Federal statistical agencies—
tion.
Communications and Information; (1) to develop questions on sexual harass-
(2) FEDERAL SCIENCE AGENCY.—The term
(B) the term ‘‘eligible standards-setting ment in science, technology, engineering,
‘‘Federal science agency’’ means any Federal
body’’— agency with an annual extramural research and mathematics departments to gather na-
(i) means a standards-setting body, partici- expenditure of over $100,000,000. tional data on the prevalence, nature, and
pation in which may be funded by a grant (3) GRANT PERSONNEL.—The term ‘‘grant implications of sexual harassment in institu-
awarded under paragraph (2), as determined personnel’’ means principal investigators tions of higher education that builds on the
by the Assistant Secretary; and and co-principal investigators supported by a work conducted by the National Center for
(ii) includes— grant award under Federal law and their Science and Engineering Statistics in re-
(I) the 3rd Generation Partnership Project trainees. sponse to recommendations from the Na-
(commonly known as ‘‘3GPP’’); tional Academies to develop questions on
(4) INSTITUTION OF HIGHER EDUCATION.—The
(II) the Alliance for Telecommunications harassment; and
term ‘‘institution of higher education’’ has
Industry Solutions (commonly known as (2) to include such questions as appro-
the meaning given such term in section 101
‘‘ATIS’’); priate, with sufficient protections of the pri-
of the Higher Education Act of 1965 (20 U.S.C.
(III) the International Telecommuni- vacy of respondents, in relevant surveys con-
1001).
cations Union (commonly known as ‘‘ITU’’); ducted by the National Center for Science
(5) NATIONAL ACADEMIES.—The term ‘‘Na-
(IV) the Institute for Electrical and Elec- and Engineering Statistics and other rel-
tional Academies’’ means the National Acad-
evant entities.
tronics Engineers (commonly known as emies of Sciences, Engineering, and Medi- (e) RESPONSIBLE CONDUCT GUIDE.—
‘‘IEEE’’); cine. (1) IN GENERAL.—Not later than 180 days
(V) the World Radiocommunications Con- (6) RECIPIENT.—The term ‘‘recipient’’ after the date of enactment of this division,
ferences (commonly known as the ‘‘WRC’’) of means an entity, usually a non-Federal enti- the Director shall enter into an agreement
the ITU; ty, that receives a Federal award directly with the National Academies to update the
(VI) the Internet Engineering Task Force from a Federal awarding agency. The term report entitled ‘‘On Being a Scientist: A
(commonly known as the ‘‘IETF’’); ‘‘recipient’’ does not include entities that re- Guide to Responsible Conduct in Research’’
(VII) the International Organization for ceive subgrants or individuals that are the issued by the National Academies. The re-
Standardization (commonly known as the beneficiaries of the award. port, as so updated, shall include—
‘‘ISO’’) and the International Electro- (7) SEXUAL HARASSMENT.—The term ‘‘sex- (A) updated professional standards of con-
technical Commission (commonly known as ual harassment’’ has the meaning given such duct in research;
the ‘‘IEC’’); term in section 1604.11 of title 29, Code of (B) standards of treatment individuals can
(VIII) the O-RAN Alliance; Federal Regulations (or any successor regu- expect to receive under such updated stand-
(IX) the Telecommunications Industry As- lations). ards of conduct;
sociation (commonly known as ‘‘TIA’’); and (c) RESEARCH GRANTS.— (C) evidence-based practices for fostering a
(X) any other standards-setting body iden- (1) IN GENERAL.—The Director shall award climate intolerant of sexual harassment;
tified under paragraph (4); grants, on a competitive basis, to institu- (D) methods, including bystander interven-
(C) the term ‘‘Secretary’’ means the Sec- tions of higher education or nonprofit orga- tion, for identifying and addressing incidents
retary of Commerce; and nizations (or consortia of such institutions of sexual harassment;
(D) the term ‘‘standards-setting body’’ or organizations)— (E) professional standards for mentorship
means an international body that develops (A) to expand research efforts to better un- and teaching with an emphasis on power dif-
the standards for open network architecture derstand the factors contributing to, and fusion mechanisms and preventing sexual
technologies. consequences of, sexual harassment affecting harassment;
(2) GRANT PROGRAM.— individuals in the scientific, technical, engi- (F) recommended vetting and hiring prac-
(A) IN GENERAL.—The Secretary, in col- neering, and mathematics workforce, includ- tices scientific research entities are urged to
laboration with the Assistant Secretary, ing students and trainees; and implement to eliminate serial harassers; and
(B) to examine best practices to reduce the (G) other topics as the National Academies
shall award grants to private sector entities
incidence and negative consequences of such determines appropriate.
based in the United States to participate in
harassment. (2) RECOMMENDATIONS.—In updating the re-
eligible standards-setting bodies.
(2) USE OF FUNDS.—Activities funded by a port under paragraph (1), the National Acad-
(B) PRIORITIZATION.—The Secretary shall
grant under this subsection may include— emies shall take into account recommenda-
prioritize grants awarded under this section
(A) research on the sexual harassment ex- tions made in the report issued by the Na-
to private sector entities that would not oth- periences of individuals in underrepresented tional Academies in 2018 entitled ‘‘Sexual
erwise be able to participate in eligible or vulnerable groups, including communities Harassment of Women: Climate, Culture, and
standards-setting bodies without the grant. of color, disabled individuals, foreign nation- Consequences in Academic Sciences, Engi-
(3) GRANT CRITERIA.—Not later than 180 als, sexual- and gender-minority individuals, neering, and Medicine’’ and other relevant
days after the date on which amounts are ap- and others; studies and evidence.
propriated under paragraph (5), the Sec- (B) development and assessment of poli- (3) REPORT.—Not later than 18 months
retary, in collaboration with the Assistant cies, procedures, trainings, and interven- after the effective date of the agreement
Secretary, shall establish criteria for the tions, with respect to sexual harassment, under paragraph (1), the National Academies,
grants awarded under paragraph (2). conflict management, and ways to foster re- as part of such agreement, shall submit to
(4) CONSULTATION WITH FEDERAL COMMU- spectful and inclusive climates; the Director and the Committee on Science,
NICATIONS COMMISSION.—The Secretary shall (C) research on approaches for remediating Space, and Technology of the House of Rep-
consult with the Federal Communications the negative impacts and outcomes of such resentatives and the Committee on Com-
Commission in— harassment on individuals experiencing such merce, Science, and Transportation of the
(A) determining criteria for the grants harassment; Senate the report referred to in such sub-
awarded under paragraph (2); and (D) support for institutions of higher edu- section, as updated pursuant to such sub-
(B) determining which standards-setting cation or nonprofit organizations to develop, section.
bodies, if any, in addition to the standards- adapt, implement, and assess the impact of (f) POLICY GUIDELINES.—
setting bodies listed in paragraph (1)(B)(ii) innovative, evidence-based strategies, poli- (1) RESPONSIBILITIES OF OSTP.—The Direc-
are eligible standards-setting bodies. cies, and approaches to policy implementa- tor of the Office of Science and Technology
(5) AUTHORIZATION OF APPROPRIATIONS.— tion to prevent and address sexual harass- Policy, in coordination with the working
(A) IN GENERAL.—There are authorized to ment; group on inclusion in STEM fields estab-
be appropriated for grants under paragraph (E) research on alternatives to the power lished under section 308 of the American In-
(2) $30,000,000 in total for fiscal years 2022 dynamics and hierarchical and dependent re- novation and Competitiveness Act (42 U.S.C.
ctelli on DSK11ZRN23PROD with SENATE
through 2025, to remain available until ex- lationships in academia that have been 6626) and the Safe Inclusive Research Envi-
pended. shown to create higher levels of risk for and ronments Subcommittee of the National
(B) ADMINISTRATIVE COSTS.—The Secretary lower levels of reporting of sexual harass- Science and Technology Council, and in con-
may use not more than 2 percent of any ment; and sultation with representatives from each
funds appropriated under this paragraph for (F) research related to the ongoing com- Federal science agency, the Department of
the administration of the grant program es- pilation, management, and analysis of orga- Education, and the Equal Employment Op-
tablished under this subsection. nizational climate survey data. portunity Commission, shall—
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1351
(A) not later than 90 days after the date of (B) recipients that receive funds from Fed- changes to practices and policies to improve
the enactment of this division, submit to the eral science agencies to publish on a publicly those guidelines and that implementation.
Committee on Science, Space, and Tech- available internet website the results of as- (i) HARASSMENT ON THE BASIS OF PREG-
nology of the House of Representatives and sessments conducted pursuant to paragraph NANCY STATUS.—The Director of the Office of
the Committee on Commerce, Science, and (1), disaggregated by gender and, if possible, Science and Technology Policy, in consulta-
Transportation of the Senate an inventory of race, ethnicity, disability status, and sexual tion with the Equal Employment Oppor-
Federal science agency policies, procedures, orientation, and in a manner that does not tunity Commission, shall develop a defini-
and resources dedicated to preventing and include personally identifiable information; tion of ‘‘harassment on the basis of preg-
responding to reports of sexual harassment; (C) recipients that receive funds from Fed- nancy status’’ for the purposes of carrying
(B) not later than 6 months after the date eral science agencies to make public on an out this section.
annual basis the number of determinations SEC. 2522. NATIONAL SCIENCE CORPS.
on which the inventory is submitted under
subparagraph (A)— of sexual harassment at that institution or (a) PURPOSE.—It is the purpose of this sec-
(i) in consultation with outside stake- organization; tion to elevate the profession of STEM
(D) recipients that receive funds from Fed- teaching by establishing a National Science
holders, develop a set of policy guidelines for
eral science agencies to regularly assess and Corps that identifies outstanding STEM
Federal science agencies; and
improve policies, procedures, and interven- teachers in our Nation’s classrooms, rewards
(ii) submit a report to the committees re-
tions to reduce the prevalence of and im- them for their accomplishments, elevates
ferred to in subparagraph (A) containing their public profile, and creates rewarding
such guidelines; prove the reporting of sexual harassment;
(E) each entity applying for Federal assist- career paths to which all STEM teachers can
(C) encourage Federal science agencies to aspire, both to prepare future STEM re-
ance awards from a Federal science agency
develop or maintain and implement policies searchers and to create a scientifically lit-
to have a code of conduct for maintaining a
based on the guidelines developed under sub- erate public.
healthy and welcoming workplace for grant
paragraph (B); (b) DEFINITIONS.—In this section:
personnel posted on their public website;
(D) not later than 1 year after the date on (1) ADMINISTRATOR.—The term ‘‘Adminis-
(F) each recipient that receives funds from
which the inventory under subparagraph (A) trator’’ means the Administrator of the Na-
Federal science agencies to have in place
is submitted, and every 5 years thereafter, tional Science Corps.
mechanisms for the re-integration of individ-
the Director of the Office of Science and (2) ELIGIBLE APPLICANT.—The term ‘‘eligi-
uals who have experienced sexual harass-
Technology Policy shall report to Congress ble applicant’’ means a STEM teacher who
ment; and
on the implementation by Federal science has not less than 2 years of STEM teaching
(G) recipients that receive funds from Fed-
agencies of the policy guidelines developed experience and is employed as a public
eral science agencies to work to create a cli-
under subparagraph (B); and school classroom instructor on the date of
mate intolerant of sexual harassment and
(E) update such policy guidelines as need- selection.
that values and promotes diversity and in-
ed. (3) ELIGIBLE ENTITY.—The term ‘‘eligible
clusion.
(2) REQUIREMENTS.— entity’’ means—
(4) FEDERAL SCIENCE AGENCY IMPLEMENTA-
(A) IN GENERAL.—In developing policy (A) an institution of higher education (as
TION.—Each Federal science agency shall—
guidelines under paragraph (1)(B), the Direc- defined in section 101(a) of the Higher Edu-
(A) develop or maintain and implement
tor of the Office of Science and Technology cation Act of 1965 (20 U.S.C. 1001(a));
policies with respect to sexual harassment
Policy shall consider guidelines that require, (B) a State educational agency (as defined
that are consistent with policy guidelines
to the extent practicable— in section 8101 of the Elementary and Sec-
under paragraph (1)(B) and that protect the
(i) recipients to submit to the Federal ondary Education Act of 1965 (20 U.S.C.
privacy of all parties involved in any report
science agency or agencies from which the 7801));
and investigation of sexual harassment; and
recipients receive funding reports relating (C) a local educational agency (as defined
(B) broadly disseminate such policies to
to— in section 8101 of the Elementary and Sec-
current and potential recipients of research
(I) any decision made to launch a formal ondary Education Act of 1965 (20 U.S.C.
grants awarded by such agency.
investigation of sexual harassment by, or of, (g) NATIONAL ACADEMIES ASSESSMENT.—Not 7801)); and
grant personnel; and later than 3 years after the date of enact- (D) a consortium composed of 1 or more of
(II) findings or determinations of sexual ment of this division, the Director shall the entities described in subparagraph (A),
harassment by, or of, grant personnel, in- enter into an agreement with the National (B), or (C), or all 3, and 1 of the following en-
cluding the final disposition of a matter in- Academies to undertake a study and issue a tities:
volving a violation of organizational policies report on the influence of sexual harassment (i) An education nonprofit association.
and processes, to include the exhaustion of in institutions of higher education on the ca- (ii) A cross sector STEM organization.
permissible appeals, or a conviction of a sex- reer advancement of individuals in the sci- (iii) A private entity, including a STEM-re-
ual offense in a criminal court of law; entific, engineering, technical, and mathe- lated business.
(ii) the updating and sharing of reports of matics workforce. The study shall assess— (4) HIGH-NEED SCHOOL.—The term ‘‘high-
sexual harassment submitted under clause (i) (1) the state of research on sexual harass- need school’’ has the meaning given the term
with relevant Federal science agencies by ment in such workforce; in section 2211(b) of the Elementary and Sec-
agency request; and (2) whether research demonstrates a de- ondary Education Act of 1965 (20 U.S.C.
(iii) consistency among relevant Federal crease in the prevalence of sexual harass- 6631(b)).
agencies with regards to the policies and pro- ment in such workforce; (5) NATIONAL SCIENCE CORPS CENTRAL ENTI-
cedures for receiving reports submitted pur- (3) the progress made with respect to im- TY.—The term ‘‘National Science Corps cen-
suant to clause (i). plementing recommendations promulgated tral entity’’ means an office of the Founda-
(B) FERPA.—The Director of the Office of in the National Academies consensus study tion that—
Science and Technology Policy shall ensure report entitled ‘‘Sexual Harassment of (A) operates the National Science Corps in
that such guidelines and requirements are Women: Climate, Culture, and Consequences accordance with the purposes of this section;
consistent with the requirements of section in Academic Sciences, Engineering, and Med- (B) serves as a national convener to im-
444 of the General Education Provisions Act icine’’; prove STEM instruction, including improv-
(20 U.S.C. 1232g) (commonly referred to as (4) where to focus future efforts with re- ing the diversity of students participating in
the ‘‘Family Educational Rights and Privacy spect to decreasing sexual harassment in STEM education and STEM teachers;
Act of 1974’’). such institutions, including specific rec- (C) serves as standard-bearer and evaluator
(C) PRIVACY PROTECTIONS.—The Director of ommendations; and of regional centers; and
the Office of Science and Technology Policy (5) other recommendations and issues, as (D) is headed by the Administrator, who
shall ensure that such guidelines and re- the National Academies determines appro- reports to the Director.
quirements— priate. (6) PROFESSIONAL DEVELOPMENT.—The term
(i) do not infringe upon the privacy rights (h) GOVERNMENT ACCOUNTABILITY OFFICE ‘‘professional development’’ has the meaning
of individuals associated with reports sub- STUDY.—Not later than 3 years after the date given the term in section 8101 of the Elemen-
mitted to Federal science agencies; and of enactment of this division, the Comp- tary and Secondary Education Act of 1965 (20
(ii) do not require recipients to provide in- troller General of the United States shall— U.S.C. 7801).
terim reports to Federal science agencies. (1) complete a study that assesses the de- (7) REGIONAL CENTER.—The term ‘‘regional
(3) CONSIDERATIONS.—In developing policy gree to which Federal science agencies have center’’ means a regional center of the Na-
guidelines under paragraph (1)(B), the Direc- implemented the policy guidelines developed tional Science Corps.
tor of the Office of Science and Technology under subsection (f)(1)(B) and the effective- (8) STEM.—The term ‘‘STEM’’ means
ctelli on DSK11ZRN23PROD with SENATE
Policy shall consider protocols that require ness of that implementation; and science, technology, engineering, and mathe-
or incent— (2) submit a report to the Committee on matics, including computer science.
(A) recipients that receive funds from Fed- Science, Space, and Technology of the House (9) STEM EDUCATION ADVISORY BOARD.—The
eral science agencies to periodically assess of Representatives and the Committee on term ‘‘STEM Education Advisory Board’’
their organizational climate, which may in- Commerce, Science, and Transportation of means the Advisory Board for the National
clude the use of climate surveys, focus the Senate on the results of such study, in- Science Corps established under subsection
groups, or exit interviews; cluding recommendations on potential (e).
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S1352 CONGRESSIONAL RECORD — SENATE March 22, 2022
(c) ESTABLISHMENT OF NATIONAL SCIENCE (f) DUTIES OF THE REGIONAL CENTERS.—The SEC. 2523. ANNUAL REPORT ON FOREIGN RE-
CORPS.—There is established a National Administrator shall award not less than 10 SEARCH.
Science Corps 5-year pilot program to be ad- and not more than 20 grants, on a competi- (a) IN GENERAL.—Not later than 180 days
ministered by the Administrator, who shall tive basis, to establish regional centers at el- after the date of enactment of this division,
be appointed by the Director, and overseen igible entities. Each regional center shall— and not less frequently than every 2 years
by the STEM Education Advisory Board. (1) engage local partners, which may in- thereafter, the Director shall prepare and
(d) DUTIES OF THE ADMINISTRATOR.—The clude local educational agencies, institu- submit a report to the relevant congres-
Administrator shall— tions of higher education, STEM organiza- sional committees regarding the research
(1) create a process and standards for selec- tions, or education nonprofit organizations, funding from the National Science Founda-
tion of eligible applicants to become mem- to— tion provided to foreign entities.
bers of the National Science Corps, includ- (A) develop and serve the community of (b) CONTENTS.—The report submitted under
ing— National Science Corps members within the subsection (a) shall include the following:
(A) uniform selection criteria that in- region, in coordination local partners to (1) The total amount of National Science
cludes— carry out day-to-day activities; Foundation funds provided to research insti-
(i) deep knowledge of STEM content and (B) coordinate professional development tutions in foreign countries.
pedagogy; activities, including activities led by Na- (2) A complete list of projects funded by
(ii) a passion for STEM subjects and dedi- tional Science Corps members; the National Science Foundation provided to
cation to teaching, evidence of leadership (C) connect National Science Corps mem- foreign entities, including for each project—
skills, and potential for continued career (A) a complete abstract;
bers with existing educator professional de-
growth as an educator; and (B) the previous fiscal year’s funding
velopment programs and coordinate mem-
(iii) demonstrated experience increasing amount;
bers’ involvement as cooperating teachers or
STEM student achievement and STEM par- (C) whether they have a connection to a
mentors;
ticipation rates for all students, particularly foreign government and to what extent the
(D) seek opportunities to involve teachers
those from rural and high-need schools; and connection exists;
who are not members of the National
(B) a uniform selection process, including a (D) the names of principal investigators;
Science Corps to participate in National
comprehensive application that includes rec- and
Science Corps activities; and
ommendations and other relevant profes- (E) a specific justification for funding the
(E) build partnerships with existing edu-
sional information; research abroad instead of in the United
(2) build an infrastructure to support the cation organizations and other efforts by
State educational agencies and local edu- States.
functions and operations of the National
Science Corps; cational agencies that operate programs rel- SEC. 2524. ACCELERATING UNMANNED MARITIME
evant to the National Science Corps and its SYSTEMS RESEARCH.
(3) promote the National Science Corps and
elevate best practices that emerge from the activities; (a) IN GENERAL.—In order to support ad-
National Science Corps to a national audi- (2) recruit eligible applicants, with a focus vances in marine science and security at sea,
ence; on recruiting diverse STEM educators based the Director shall issue awards, on a com-
(4) evaluate the operation and effectiveness on race, ethnicity, sex, socioeconomic sta- petitive basis, to institutions of higher edu-
of the regional centers; and tus, age, disability status, and language abil- cation or nonprofit organizations (or con-
(5) evaluate the overall and long-term im- ity; sortia of such institutions or organizations)
pact of the National Science Corps by— (3) screen, interview, and select members to support basic and applied research that
(A) documenting, monitoring, and assess- of the National Science Corps using proce- will accelerate innovation to advance un-
ing the program outcomes or impact on the dures and standards provided by the Admin- manned maritime systems for the purpose of
STEM careers of participants; and istrator; providing greater maritime domain aware-
(B) documenting, monitoring, and assess- (4) coordinate the online network that sup- ness to the Nation.
ing the program outcomes for the STEM edu- ports all National Science Corps members in (b) PARTNERSHIPS.—In implementing this
cation profession nationwide, particularly the region; section, the Director shall establish partner-
for rural and high-need schools. (5) convene occasional meetings of Na- ships with other Federal agencies, including
(e) STEM EDUCATION ADVISORY BOARD.— tional Science Corps members in a region; those established under the Commercial En-
(1) ESTABLISHMENT.—There is established a (6) create opportunities for the professional gagement Through Ocean Technology Act of
STEM Education Advisory Board to oversee growth of National Service Corps members, 2018 (Public Law 115–394).
the operations of the National Science Corps with a focus on increasing STEM student (c) USE OF NSF OCEANOGRAPHIC RESEARCH
for the length of the pilot program. achievement and STEM participation rates VESSELS.—The Director may leverage the re-
(2) COMPOSITION.— for all students, particularly those from sources and capabilities of the consortium
(A) IN GENERAL.—The members of the rural and high-need schools; and operating the Directorate’s regional class re-
STEM Education Advisory Board shall com- (7) support the retention and success of Na- search vessels to complement the research in
ply with the following: tional Science Corps members in the region. unmanned maritime systems.
(i) Be appointed by the Director. (g) DUTIES OF MEMBERS OF THE NATIONAL SEC. 2525. FOUNDATION FUNDING TO INSTITU-
(ii) Include a representative from each of SCIENCE CORPS.—An eligible applicant that is TIONS HOSTING OR SUPPORTING
the following: CONFUCIUS INSTITUTES.
selected by a regional center to be a member
(I) School leaders. of the National Science Corps shall— (a) DEFINITIONS.—In this section—
(II) STEM researchers. (1) serve a 4-year term with a possibility of (1) the term ‘‘Confucius Institute’’ means a
(III) STEM education researchers. reappointment; cultural institute established as a partner-
(IV) Business leaders. (2) receive an annual stipend in an amount ship between a United States institution of
(V) Kindergarten through grade 12 STEM of up to $15,000; and higher education and a Chinese institution of
educators. (3) have substantial responsibilities, in- higher education to promote and teach Chi-
(VI) Students pursuing a postsecondary cluding— nese language and culture that is funded, di-
STEM degree. (A) working with other members of the Na- rectly or indirectly, by the Government of
(B) STEM EDUCATION ADVISORY COMMITTEE tional Science Corps to develop and improve the People’s Republic of China; and
IN EXISTENCE.—The Director may assign the innovative teaching practices, including (2) the term ‘‘institution of higher edu-
duties of the STEM Education Advisory practices such as inquiry-based learning; cation’’ has the meaning given the term in
Board, described in paragraph (3), to an advi- (B) participating in professional develop- section 102 of the Higher Education Act of
sory committee of the Foundation in exist- ment on innovative teaching methodology 1965 (20 U.S.C. 1002).
ence on the date of enactment of this divi- and mentorship; and (b) RESTRICTIONS OF CONFUCIUS INSTI-
sion. (C) continuing to excel in teaching the TUTES.—Except as provided in subsection (d),
(3) DUTIES OF THE STEM EDUCATION ADVI- member’s own students, with a focus on ad- none of the funds made available to the
SORY BOARD.—In overseeing the operations of vancing equity by spending additional time Foundation under this Act, or an amend-
the National Science Corps, the STEM Edu- teaching and coaching underserved students ment made by this Act, may be obligated or
cation Advisory Board shall— to increase STEM student achievement and expended to an institution of higher edu-
(A) create a steering committee that is STEM participation rates for students from cation that maintains a contract or agree-
comprised of STEM educators and research- rural and high-need schools. ment between the institution and a Confu-
ers representing a variety of STEM fields cius Institute, unless the Director, after con-
and representing geographic diversity, to (h) EVALUATIONS.—The Administrator shall sultation with the National Academies of
evaluate the activities of the regional cen-
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help establish the National Science Corps in Science, Engineering, and Medicine, deter-
its initial phases; and ters every 2 years. mines such a waiver is appropriate in accord-
(B) provide a direct connection of the Na- (i) AUTHORIZATION OF APPROPRIATIONS.— ance with subsection (c).
tional Science Corps to the existing research Out of funds authorized under section 2106, (c) WAIVER.—The Director, after consulta-
and education communities, ensuring that there are authorized to be appropriated tion with the National Academies of Science,
the National Science Corps program is con- $100,000,000 in fiscal years 2022 through 2026 Engineering, and Medicine, may issue a
sistent with the aspirations of both. to carry out this section. waiver for an institution of higher education
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1353
that maintains a contract or agreement be- for such grant the identity of any member of of a Government license that provides for
tween the institution and a Confucius Insti- the grant review panel for such applicant. the reproduction, publication, release, or
tute if such contract or agreement includes (b) PUBLIC ACCESSIBILITY OF RESEARCH other uses of a final manuscript for Federal
clear provisions that— FUNDED BY TAXPAYERS.— purposes.
(1) protect academic freedom at the insti- (1) DEFINITION OF FEDERAL AGENCY.—In this (D) EXCLUSIONS.—Each Federal research
tution; section, the term ‘‘Federal agency’’ means public access policy shall not apply to—
(2) prohibit the application of any foreign an Executive agency, as defined under sec- (i) research progress reports presented at
law on any campus of the institution; tion 105 of title 5, United States Code. professional meetings or conferences;
(3) grant full managerial authority of the (2) FEDERAL RESEARCH PUBLIC ACCESS POL- (ii) laboratory notes, preliminary data
Confucius Institute to the institution, in- ICY.— analyses, notes of the author, phone logs, or
cluding full control over what is being (A) REQUIREMENT TO DEVELOP POLICY.— other information used to produce final
taught, the activities carried out, the re- (i) IN GENERAL.—Not later than 1 year after manuscripts;
search grants that are made, and who is em- the date of enactment of this section, each (iii) classified research, research resulting
ployed at the Confucius Institute; and Federal agency with annual extramural re- in works that generate revenue or royalties
(4) prohibit co-location with the institu- search expenditures of over $100,000,000 shall for authors (such as books) or patentable dis-
tion’s Chinese language, history, and cul- develop an agency research public access pol- coveries, to the extent necessary to protect a
tural programs and require separate pro- icy that is consistent with and advances the copyright or patent; or
motional materials. purposes of the Federal agency. (iv) authors who do not submit their work
(d) SPECIAL RULE.— (ii) COMMON PROCEDURES.—To the extent to a journal or works that are rejected by
(1) IN GENERAL.—Notwithstanding any practicable, Federal agencies required to de- journals.
other provision of this section, this section velop a policy under clause (i) shall follow (3) RULE OF CONSTRUCTION REGARDING PAT-
shall not apply to an institution of higher common procedures for the collection and ENT OR COPYRIGHT LAW.—Nothing in this sec-
education if that institution has fulfilled the depositing of research papers. tion shall be construed to affect any right
requirements— (B) CONTENT.—Each Federal research pub- under the provisions of title 17 or 35, United
(A) for a waiver from the Department of lic access policy shall provide for— States Code.
Defense as described under section 1062 of the (i) submission to a digital repository des- (4) GAO REPORT.—Not later than 3 years
National Defense Authorization Act for Fis- ignated or maintained by the Federal agency after the date of enactment of this section,
cal Year 2021 (Public Law 116–283); or of an electronic version of the author’s final
and every 5 years thereafter, the Comptroller
(B) under section 6122 with respect to fund- manuscript of original research papers that
General of the United States shall submit to
have been accepted for publication in peer-
ing the provided under the Higher Education Congress a report that—
reviewed journals and that result from re-
Act of 1965 (20 U.S.C. 1001 et seq.), except (A) includes an analysis of the period be-
search supported, in whole or in part, from
funds provided under title IV of such Act. tween the date on which each applicable
funding by the Federal Government;
(2) EXCEPTION.—Notwithstanding any other paper becomes publicly available in a journal
(ii) the incorporation of any changes re-
provision of this section, the prohibition and the date on which the paper is in the on-
sulting from the peer review publication
under subsection (b) shall not apply to line repository of the applicable Federal
process in the manuscript described under
amounts provided to students as educational agency; and
clause (i);
assistance. (B) examines the effectiveness of the Fed-
(iii) the replacement of the final manu-
(e) EFFECTIVE DATE.—The limitation under eral research public access policy in pro-
script with the final published version if—
subsection (b) shall apply with respect to the viding the public with free online access to
(I) the publisher consents to the replace-
first fiscal year that begins after the date papers on research funded by each Federal
ment; and
that is 2 years after the date of enactment of agency required to develop a policy under
(II) the goals of the Federal agency for
this Act and to any subsequent fiscal year paragraph (2)(A), including—
functionality and interoperability are re-
subject to subsection (f). tained; (i) whether the terms of use applicable to
(f) SUNSET.—This section shall cease to be such research papers in effect are effective in
(iv) free online public access to such final
effective on the date that is 5 years after the enabling productive reuse of the research
peer-reviewed manuscripts or published
date of enactment of this Act. versions within a time period that is appro- and computational analysis by state-of-the-
SEC. 2526. SUPPORTING DOCUMENTS. priate for each type of research conducted or art technologies; and
(a) IN GENERAL.— To ensure the security of sponsored by the Federal agency, not later (ii) whether such research papers should
research products developed under this divi- than 12 months after publication in peer-re- include a royalty-free copyright license that
sion, the Director shall, on an annual basis, viewed journals, preferably sooner, or as ad- is available to the public and that permits
request from an institution of higher edu- justed under established mechanisms; the reuse of those research papers, on the
cation receiving an award made available by (v) providing research papers as described condition that attribution is given to the au-
the National Science Foundation Tech- in clause (iv) in formats and under terms thor or authors of the research and any oth-
nology and Innovation Directorate under that enable productive reuse of the research ers designated by the copyright owner.
this division— and computational analysis by state-of-the- (5) DOWNSTREAM REPORTING.—Any person
(1) final copies of any contracts, agree- art technologies; or institution awarded a grant from a Fed-
ments, or documentation of financial trans- (vi) improving the ability of the public to eral research agency shall—
actions between the institution, a founda- locate and access research papers made ac- (A) notify and seek authorization from the
tion of the institution, or related entities, cessible under the Federal research public relevant agency for any funds derived from
and any educational, cultural, or language access policy; and the grant made available through a subgrant
entity that is directly or indirectly funded (vii) long-term preservation of, and free or subsequent grant (including to an em-
by the Government of the People’s Republic public access to, published research find- ployee or subdivision of the grant recipient’s
of China; and ings— organization); and
(2) a detailed description of any financial (I) in a stable digital repository main- (B) ensure that each subgrant or subse-
contributions from the Government of the tained by the Federal agency; or quent grant award (including to an employee
People’s Republic of China or its affiliates to (II) if consistent with the purposes of the or subdivision of the grant recipient’s orga-
the institution, a foundation of the institu- Federal agency, in any repository meeting nization) funded with funds derived from the
tion, or related entities. conditions determined favorable by the Fed- Federal grant is within the scope of the Fed-
(b) OFFICE OF THE INSPECTOR GENERAL.— eral agency, including free public access, eral grant award.
The Director may request an investigation interoperability, and long-term preservation. (6) IMPARTIALITY IN FUNDING SCIENTIFIC RE-
by the Office of the Inspector General into (C) APPLICATION OF POLICY.—Each Federal SEARCH.—Notwithstanding any other provi-
the research security practices of an institu- research public access policy shall— sion of law, each Federal agency, in award-
tion of higher education and, as appropriate, (i) apply to— ing grants for scientific research, shall be
recommend revocation of funding for rel- (I) researchers employed by the Federal impartial and shall not seek to advance any
evant grants, in the case that— agency whose works remain in the public do- political position or fund a grant to reach a
(1) an institution of higher education fails main; and predetermined conclusion.
to provide information requested under sub- (II) researchers funded by the Federal SEC. 2528. FOUNDATION FOR ENERGY SECURITY
section (a); or agency; AND INNOVATION.
(2) a review of the information under sub- (ii) provide that works described under (a) DEFINITIONS.—In this section:
section (a) by the Chief of Research Security clause (i)(I) shall be— (1) BOARD.—The term ‘‘Board’’ means the
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indicates threats to research security. (I) marked as being public domain material Board of Directors described in subsection
SEC. 2527. BASIC RESEARCH. when published; and (b)(2)(A).
(a) NONDISCLOSURE OF MEMBERS OF GRANT (II) made available at the same time such (2) DEPARTMENT.—The term ‘‘Department’’
REVIEW PANEL.—Notwithstanding any other works are made available under subpara- means the Department of Energy.
provision of law, each agency that awards a graph (B)(iv); and (3) EXECUTIVE DIRECTOR.—The term ‘‘Exec-
Federal research grant shall not disclose, ei- (iii) make effective use of any law or guid- utive Director’’ means the Executive Direc-
ther publicly or privately, to an applicant ance relating to the creation and reservation tor described in subsection (b)(5)(A).
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S1354 CONGRESSIONAL RECORD — SENATE March 22, 2022
(4) FOUNDATION.—The term ‘‘Foundation’’ (aa)(AA) has experience in the energy sec- (I) policies for the selection of Board mem-
means the Foundation for Energy Security tor; bers, officers, employees, agents, and con-
and Innovation established under subsection (BB) has research experience in the energy tractors of the Foundation;
(b)(1). field; or (II) policies, including ethical standards,
(5) INDIVIDUAL LABORATORY-ASSOCIATED (CC) has experience in technology commer- for—
FOUNDATION.—The term ‘‘Individual Labora- cialization or foundation operations; and (aa) the acceptance, solicitation, and dis-
tory-Associated Foundation’’ means a Lab- (bb) to the extent practicable, represents position of donations and grants to the
oratory Foundation established by an oper- diverse regions, sectors, and communities. Foundation, including appropriate limits on
ating contractor of a National Laboratory. (C) CHAIR AND VICE CHAIR.— the ability of donors to designate, by stipula-
(6) NATIONAL LABORATORY.—The term ‘‘Na- (i) IN GENERAL.—The Board shall designate tion or restriction, the use or recipient of do-
tional Laboratory’’ has the meaning given from among the members of the Board— nated funds; and
the term in section 2 of the Energy Policy (I) an individual to serve as Chair of the (bb) the disposition of assets of the Foun-
Act of 2005 (42 U.S.C. 15801). Board; and dation;
(7) SECRETARY.—The term ‘‘Secretary’’ (II) an individual to serve as Vice Chair of (III) policies that subject all employees,
means the Secretary of Energy. the Board. fellows, trainees, and other agents of the
(b) FOUNDATION FOR ENERGY SECURITY AND (ii) TERMS.—The term of service of the Foundation (including ex officio and ap-
Chair and Vice Chair of the Board shall end pointed members of the Board) to conflict of
INNOVATION.—
on the earlier of— interest standards; and
(1) ESTABLISHMENT.—
(I) the date that is 3 years after the date on (IV) the specific duties of the Executive Di-
(A) IN GENERAL.—Not later than 180 days
which the Chair or Vice Chair of the Board, rector.
after the date of enactment of this Act, the
as applicable, is designated for the position; (ii) REQUIREMENTS.—The Board shall en-
Secretary shall establish a nonprofit cor-
and sure that the bylaws of the Foundation and
poration to be known as the ‘‘Foundation for
(II) the last day of the term of service of the activities carried out under those bylaws
Energy Security and Innovation’’.
the member, as determined under subpara- shall not—
(B) MISSION.—The mission of the Founda-
graph (D)(i), who is designated to be Chair or (I) reflect unfavorably on the ability of the
tion shall be—
Vice Chair of the Board, as applicable. Foundation to carry out activities in a fair
(i) to support the mission of the Depart- (iii) REPRESENTATION.—The Chair and Vice and objective manner; or
ment; and Chair of the Board— (II) compromise, or appear to compromise,
(ii) to advance collaboration with energy (I) shall not be representatives of the same the integrity of any governmental agency or
researchers, institutions of higher education, area of subject matter expertise, or entity, program, or any officer or employee em-
industry, and nonprofit and philanthropic or- as applicable, under subparagraph (B)(iii)(II); ployed by, or involved in, a governmental
ganizations to accelerate the commercializa- and agency or program.
tion of energy technologies. (II) shall not be representatives of any area (H) COMPENSATION.—
(C) LIMITATION.—The Foundation shall not of subject matter expertise, or entity, as ap- (i) IN GENERAL.—No member of the Board
be an agency or instrumentality of the Fed- plicable, represented by the immediately shall receive compensation for serving on
eral Government. preceding Chair and Vice Chair of the Board. the Board.
(D) TAX-EXEMPT STATUS.—The Board shall (D) TERMS AND VACANCIES.— (ii) CERTAIN EXPENSES.—In accordance with
take all necessary and appropriate steps to (i) TERMS.— the bylaws of the Foundation, members of
ensure that the Foundation is an organiza- (I) IN GENERAL.—The term of service of the Board may be reimbursed for travel ex-
tion that is described in section 501(c) of the each appointed member of the Board shall be penses, including per diem in lieu of subsist-
Internal Revenue Code of 1986 and exempt not more than 5 years. ence, and other necessary expenses incurred
from taxation under section 501(a) of that (II) INITIAL APPOINTED MEMBERS.—Of the in carrying out the duties of the Board.
Code. initial members of the Board appointed (3) PURPOSES.—The purposes of the Foun-
(E) COLLABORATION WITH EXISTING ORGANI- under subparagraph (B)(iii)(I), half of the dation are—
ZATIONS.—The Secretary may collaborate members shall serve for 4 years and half of (A) to support the Department in carrying
with 1 or more organizations to establish the the members shall serve for 5 years, as deter- out the mission of the Department to ensure
Foundation and carry out the activities of mined by the Chair of the Board. the security and prosperity of the United
the Foundation. (ii) VACANCIES.—Any vacancy in the mem- States by addressing energy, environmental,
(2) BOARD OF DIRECTORS.— bership of the appointed members of the and nuclear challenges through trans-
(A) ESTABLISHMENT.—The Foundation shall Board— formative science and technology solutions;
be governed by a Board of Directors. (I) shall be filled in accordance with the and
(B) COMPOSITION.— bylaws of the Foundation by an individual (B) to increase private and philanthropic
(i) IN GENERAL.—The Board shall be com- capable of representing the same area or en- sector investments that support efforts to
posed of the ex officio nonvoting members tity, as applicable, as represented by the create, characterize, develop, test, validate,
described in clause (ii) and the appointed vacating board member under subparagraph and deploy or commercialize innovative
voting members described in clause (iii). (B)(iii)(II); technologies that address crosscutting na-
(ii) EX OFFICIO MEMBERS.—The ex officio (II) shall not affect the power of the re- tional energy challenges by methods that in-
members of the Board shall be the following maining appointed members to execute the clude—
individuals or designees of those individuals: duties of the Board; and (i) fostering collaboration and partnerships
(I) The Secretary. (III) shall be filled by an individual se- with researchers from the Federal Govern-
(II) The Under Secretary for Science and lected by the Board. ment, State governments, institutions of
Energy. (E) MEETINGS; QUORUM.— higher education, federally funded research
(III) The Under Secretary for Nuclear Se- (i) INITIAL MEETING.—Not later than 60 days and development centers, industry, and non-
curity. after the Board is established, the Secretary profit organizations for the research, devel-
(IV) The Chief Commercialization Officer. shall convene a meeting of the ex officio and opment, or commercialization of trans-
(iii) APPOINTED MEMBERS.— appointed members of the Board to incor- formative energy and associated tech-
(I) INITIAL MEMBERS.—The Secretary and porate the Foundation. nologies;
the other ex officio members of the Board (ii) QUORUM.—A majority of the appointed (ii) strengthening and sharing best prac-
shall— members of the Board shall constitute a tices relating to regional economic develop-
(aa) seek to enter into an agreement with quorum for purposes of conducting the busi- ment through scientific and energy innova-
the National Academies of Sciences, Engi- ness of the Board. tion, including in partnership with an Indi-
neering, and Medicine to develop a list of in- (F) DUTIES.—The Board shall— vidual Laboratory-Associated Foundation;
dividuals to serve as members of the Board (i) establish bylaws for the Foundation in (iii) promoting new product development
who are well-qualified and will meet the re- accordance with subparagraph (G); that supports job creation;
quirements of subclauses (II) and (III); and (ii) provide overall direction for the activi- (iv) administering prize competitions—
(bb) appoint the initial members of the ties of the Foundation and establish priority (I) to accelerate private sector competition
Board from that list, if applicable, in con- activities; and investment; and
sultation with the National Academies of (iii) carry out any other necessary activi- (II) that complement the use of prize au-
Sciences, Engineering, and Medicine. ties of the Foundation; thority by the Department;
(II) REPRESENTATION.—The appointed mem- (iv) evaluate the performance of the Execu- (v) supporting programs that advance tech-
bers of the Board shall reflect a broad cross- tive Director; and nology maturation, especially where there
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section of stakeholders from academia, in- (v) actively solicit and accept funds, gifts, may be gaps in Federal or private funding in
dustry, nonprofit organizations, State or grants, devises, or bequests of real or per- advancing a technology to deployment or
local governments, the investment commu- sonal property to the Foundation, including commercialization from the prototype stage
nity, and the philanthropic community. from private entities. to a commercial stage; and
(III) EXPERIENCE.—The Secretary shall en- (G) BYLAWS.— (vi) facilitating access to Department fa-
sure that a majority of the appointed mem- (i) IN GENERAL.—The bylaws established cilities, equipment, and human expertise to
bers of the Board— under subparagraph (F)(i) may include— assist in tackling national challenges.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1355
(4) ACTIVITIES.— (I) a standard adaptable organizational de- (ii) a forecast of major crosscutting energy
(A) STUDIES, COMPETITIONS, AND sign for responsible management; challenge opportunities, including short- and
PROJECTS.—The Foundation may conduct (II) standard and legally tenable bylaws long-term objectives, identified by the
and support studies, competitions, projects, and money-handling procedures; and Board, with input from communities rep-
and other activities that further the pur- (III) a standard training curriculum to ori- resenting the entities and areas of subject
poses of the Foundation described in para- ent and expand the operating expertise of matter expertise, as applicable, described in
graph (3). personnel employed by covered foundations. paragraph (2)(B)(iii)(II);
(B) FELLOWSHIPS AND GRANTS.— (iv) AFFILIATIONS.—Nothing in this sub- (iii) a description of the efforts that the
(i) IN GENERAL.—The Foundation may paragraph requires— Foundation will take to be transparent in
award fellowships and grants for activities (I) an existing Individual Laboratory-Asso- the processes of the Foundation, including
relating to research, development, dem- ciated Foundation to modify current prac- processes relating to—
onstration, maturation, or commercializa- tices or affiliate with the Foundation; or (I) grant awards, including selection, re-
tion of energy and other Department-sup- (II) a covered foundation to be bound by view, and notification;
ported technologies. charter or corporate bylaws as permanently (II) communication of past, current, and
(ii) FORM OF AWARD.—A fellowship or grant affiliated with the Foundation. future research priorities; and
under clause (i) may consist of a stipend, (H) SUPPLEMENTAL PROGRAMS.—The Foun- (III) solicitation of and response to public
health insurance benefits, funds for travel, dation may carry out supplemental pro- input on the opportunities identified under
and funds for other appropriate expenses. grams— clause (ii);
(iii) SELECTION.—In selecting a recipient (i) to conduct and support forums, meet- (iv) a description of the financial goals and
for a fellowship or grant under clause (i), the ings, conferences, courses, and training benchmarks of the Foundation for the fol-
Foundation— workshops consistent with the purposes of lowing 10 years; and
(I) shall make the selection based on the the Foundation described in paragraph (3); (v) a description of the efforts undertaken
technical and commercialization merits of (ii) to support and encourage the under- by the Foundation to ensure maximum
the proposed project of the potential recipi- standing and development of data that pro- complementarity and minimum redundancy
ent; and motes the translation of technologies from with investments made by the Department.
(II) may consult with a potential recipient the research stage, through the development (E) ANNUAL REPORT.—Not later than 1 year
regarding the ability of the potential recipi- and maturation stage, and ending in the after the date on which the Foundation is es-
ent to carry out various projects that would market stage; tablished, and every 2 years thereafter, the
further the purposes of the Foundation de- (iii) for writing, editing, printing, pub- Foundation shall submit to the Committee
scribed in paragraph (3). lishing, and vending books and other mate- on Energy and Natural Resources of the Sen-
(iv) NATIONAL LABORATORIES.—A National rials relating to research carried out under ate, the Committee on Science, Space, and
Laboratory that applies for or accepts an the Foundation and the Department; and Technology of the House of Representatives,
award under clause (i) shall not be consid- (iv) to conduct other activities to carry and the Secretary a report that, for the year
ered to be engaging in a competitive process. out and support the purposes of the Founda- covered by the report—
(C) ACCESSING FACILITIES AND EXPERTISE.— tion described in paragraph (3). (i) describes the activities of the Founda-
The Foundation may work with the Depart- (I) EVALUATIONS.—The Foundation shall tion and the progress of the Foundation in
ment— support the development of an evaluation furthering the purposes of the Foundation
(i) to leverage the capabilities and facili- methodology, to be used as part of any pro- described in paragraph (3);
ties of National Laboratories to commer- gram supported by the Foundation, that (ii) provides a specific accounting of the
cialize technology; and shall— source and use of all funds made available to
(ii) to assist with resources, including by (i) consist of qualitative and quantitative the Foundation to carry out those activities
providing information on the assets of each metrics; and to ensure transparency in the alignment of
National Laboratory that may enable the de- (ii) include periodic third party evaluation Department missions and policies with na-
ployment and commercialization of tech- of those programs and other activities of the tional security;
nology. Foundation. (iii) describes how the results of the activi-
(D) TRAINING AND EDUCATION.—The Founda- (J) COMMUNICATIONS.—The Foundation ties of the Foundation could be incorporated
tion may support programs that provide shall develop an expertise in communica- into the procurement processes of the Gen-
training to researchers, scientists, other rel- tions to promote the work of grant and fel- eral Services Administration; and
evant personnel at National Laboratories lowship recipients under subparagraph (B), (iv) includes a summary of each evaluation
and institutions of higher education, and the commercialization successes of the conducted using the evaluation methodology
previous or current recipients of or appli- Foundation, opportunities for partnership described in paragraph (4)(I).
cants for Department funding to help dem- with the Foundation, and other activities. (F) EVALUATION BY COMPTROLLER GEN-
onstrate, deploy, and commercialize feder- (K) SOLICITATION AND USE OF FUNDS.—The ERAL.—Not later than 5 years after the date
ally funded technology. Foundation may solicit and accept gifts, on which the Foundation is established, the
(E) MATURATION FUNDING.—The Foundation grants, and other donations, establish ac- Comptroller General of the United States
shall support programs that provide matura- counts, and invest and expend funds in sup- shall submit to the Committee on Energy
tion funding to researchers to advance the port of the activities and programs of the and Natural Resources of the Senate and the
technology of those researchers for the pur- Foundation. Committee on Science, Space, and Tech-
pose of moving products from a prototype (5) ADMINISTRATION.— nology of the House of Representatives—
stage to a commercial stage. (A) EXECUTIVE DIRECTOR.—The Board shall (i) an evaluation of—
(F) STAKEHOLDER ENGAGEMENT.—The Foun- hire an Executive Director of the Founda- (I) the extent to which the Foundation is
dation shall convene, and may consult with, tion, who shall serve at the pleasure of the achieving the mission of the Foundation; and
representatives from the Department, insti- Board. (II) the operation of the Foundation; and
tutions of higher education, National Lab- (B) COMPENSATION.—The Executive Direc- (ii) any recommendations on how the
oratories, the private sector, and commer- tor shall be compensated at a level not Foundation may be improved.
cialization organizations to develop pro- greater than the rate payable for level IV of (G) AUDITS.—The Foundation shall—
grams for the purposes of the Foundation de- the Executive Schedule under section 5315 of (i) provide for annual audits of the finan-
scribed in paragraph (3) and to advance the title 5, United States Code. cial condition of the Foundation; and
activities of the Foundation. (C) ADMINISTRATIVE CONTROL.—No member (ii) make the audits, and all other records,
(G) INDIVIDUAL AND FEDERAL LABORATORY- of the Board, officer or employee of the documents, and papers of the Foundation,
ASSOCIATED FOUNDATIONS.— Foundation or of any program established by available to the Secretary and the Comp-
(i) DEFINITION OF COVERED FOUNDATION.—In the Foundation, or participant in a program troller General of the United States for ex-
this subparagraph, the term ‘‘covered foun- established by the Foundation, shall exercise amination or audit.
dation’’ means each of the following: administrative control over any Federal em- (H) SEPARATE FUND ACCOUNTS.—The Board
(I) An Individual Laboratory-Associated ployee. shall ensure that any funds received under
Foundation. (D) STRATEGIC PLAN.—Not later than 1 year paragraph (12)(A) are held in a separate ac-
(II) A Federal Laboratory-Associated after the date of enactment of this Act, the count from any other funds received by the
Foundation established pursuant to sub- Foundation shall submit to the Committee Foundation.
section (c)(1). on Energy and Natural Resources of the Sen- (I) INTEGRITY.—
(ii) SUPPORT.—The Foundation shall pro- ate and the Committee on Science, Space, (i) IN GENERAL.—To ensure integrity in the
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vide support to and collaborate with covered and Technology of the House of Representa- operations of the Foundation, the Board
foundations. tives a strategic plan that contains— shall develop and enforce procedures relating
(iii) GUIDELINES AND TEMPLATES.—For the (i) a plan for the Foundation to become fi- to standards of conduct, financial disclosure
purpose of providing support under clause nancially self-sustaining in fiscal year 2023 statements, conflicts of interest (including
(ii), the Secretary shall establish suggested and thereafter (except for the amounts pro- recusal and waiver rules), audits, and any
guidelines and templates for covered founda- vided each fiscal year under paragraph other matters determined appropriate by the
tions, including— (12)(A)(iii)); Board.
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S1356 CONGRESSIONAL RECORD — SENATE March 22, 2022
(ii) FINANCIAL CONFLICTS OF INTEREST.—To (8) SUPPORT SERVICES.—The Secretary may filiated with, federally funded centers, in ac-
mitigate conflicts of interest and risks from provide facilities, utilities, and support serv- cordance with paragraph (3);
malign foreign influence, any individual who ices to the Foundation if it is determined by (F) carrying out programs—
is an officer, employee, or member of the the Secretary to be advantageous to the re- (i) that allow scientists from foreign coun-
Board is prohibited from any participation in search programs of the Department. tries to serve in research capacities in the
deliberations by the Foundation of a matter (9) ANTI-DEFICIENCY ACT.—Subsection (a)(1) United States or other countries in associa-
that would directly or predictably affect any of section 1341 of title 31, United States Code tion with the National Energy Technology
financial interest of— (commonly referred to as the ‘‘Anti-Defi- Laboratory;
(I) the individual; ciency Act’’), shall not apply to any Federal (ii) that provide opportunities for employ-
(II) a relative (as defined in section 109 of officer or employee carrying out any activ- ees of the National Energy Technology Lab-
the Ethics in Government Act of 1978 (5 ity of the Foundation using funds of the oratory to serve in research capacities in for-
U.S.C. App.)) of that individual; or Foundation. eign countries;
(III) a business organization or other enti- (10) PREEMPTION OF AUTHORITY.—This sub- (iii) to conduct studies, projects, or re-
ty in which the individual has an interest, section shall not preempt any authority or search in collaboration with national and
including an organization or other entity responsibility of the Secretary under any international nonprofit and for-profit organi-
with which the individual is negotiating em- other provision of law. zations, which may include the provision of
ployment. (11) TRANSFER FUNDS.—The Foundation stipends, travel, and other support for per-
(J) LIABILITY.— may transfer funds to the Department, sonnel;
which shall be subject to all applicable Fed-
(i) IN GENERAL.—The United States shall (iv)(I) to hold forums, meetings, con-
eral limitations relating to federally funded
not be liable for any debts, defaults, acts, or ferences, courses, and training workshops
research.
omissions of— that may include undergraduate, graduate,
(12) AUTHORIZATION OF APPROPRIATIONS.—
(I) the Foundation; post-graduate, and post-doctoral accredited
(A) IN GENERAL.—Of the amounts author-
(II) a Federal entity with respect to an courses; and
ized to be appropriated under section
agreement of that Federal entity with the (II) for the accreditation of those courses
2117(a)—
Foundation; or (i) not less than $1,500,000 shall be for the by the Laboratory Foundation at the State
(III) an Individual Laboratory-Associated Secretary for fiscal year 2022 to establish the and national level for college degrees or con-
Foundation with respect to an agreement of Foundation; tinuing education credits;
that Federal entity with the Foundation. (ii) not less than $30,000,000 shall be for the (v) to support and encourage teachers and
(ii) FULL FAITH AND CREDIT.—The full faith Foundation for fiscal year 2023 to carry out students of science at all levels of education;
and credit of the United States shall not ex- the activities of the Foundation; and (vi) to promote an understanding of science
tend to any obligations of the Foundation. (iii) not less than $3,000,000 shall be for the amongst the general public;
(K) NONAPPLICABILITY OF FACA.—The Fed- Foundation for fiscal year 2024, and each fis- (vii) for writing, editing, printing, pub-
eral Advisory Committee Act (5 U.S.C. App.) cal year thereafter, for administrative and lishing, and vending of relevant books and
shall not apply to the Foundation or an Indi- operational costs. other materials; and
vidual Laboratory-Associated Foundation. (B) COST SHARE.—Funds made available (viii) for the conduct of other activities to
(6) DEPARTMENT COLLABORATION.— under subparagraph (A)(ii) shall be required carry out and support the purpose of the
(A) NATIONAL LABORATORIES.—The Sec- to be cost-shared by a partner of the Founda- Laboratory Foundation; and
retary shall collaborate with the Foundation tion other than the Department or a Na- (G) receiving, administering, soliciting, ac-
to develop a process to ensure collaboration tional Laboratory. cepting, and using funds, gifts, devises, or be-
and coordination between the Department, (c) NATIONAL ENERGY TECHNOLOGY LABORA- quests, either absolutely or in trust of real
the Foundation, and National Laboratories— TORY-ASSOCIATED FOUNDATION.— or personal property or any income there-
(i) to streamline contracting processes be- (1) ESTABLISHMENT.— from, or other interest or equity therein for
tween National Laboratories and the Foun- (A) IN GENERAL.—Notwithstanding any the benefit of, or in connection with, the
dation, including by— other provision of law, the National Energy mission of the applicable Federal laboratory,
(I) streamlining the ability of the Founda- Technology Laboratory may establish, or in accordance with paragraph (4).
tion to transfer equipment and funds to Na- enter into an agreement with a nonprofit or- (3) FELLOWSHIPS AND GRANTS.—
tional Laboratories; ganization to establish, a Federal Labora- (A) SELECTION.—Recipients of fellowships
(II) standardizing contract mechanisms to tory-Associated Foundation (referred to in and grants described in paragraph (2)(E)
be used by the Foundation in engaging with this subsection as a ‘‘Laboratory Founda- shall be selected—
National Laboratories; and tion’’) to support the mission of the National (i) by a Laboratory Foundation and the do-
(III) streamlining the ability of the Foun- Energy Technology Laboratory. nors to a Laboratory Foundation;
dation to fund endowed positions at National (B) NOT AGENCY OR INSTRUMENTALITY.—A (ii) subject to the agreement of the head of
Laboratories; Laboratory Foundation shall not be an agen- the agency the mission of which is supported
(ii) to allow a National Laboratory or site cy or instrumentality of the Federal Govern- by a Laboratory Foundation; and
of a National Laboratory— ment. (iii) in the case of a fellowship, based on
(I) to accept and perform work for the (C) GOVERNANCE STRUCTURE.—A Labora- the recommendation of the employees of the
Foundation, consistent with provided re- tory Foundation established under subpara- National Energy Technology Laboratory at
sources, notwithstanding any other provi- graph (A) shall have a separate governance which the fellow would serve.
sion of law governing the administration, structure from, and shall be managed inde- (B) EXPENSES.—Fellowships and grants de-
mission, use, or operations of the National pendently of, the National Energy Tech- scribed in paragraph (2)(E) may include sti-
Laboratory or site, as applicable; and nology Laboratory. pends, travel, health insurance, benefits, and
(II) to perform that work on a basis equal (2) ACTIVITIES.—Activities of a Laboratory other appropriate expenses.
to other missions at the National Labora- Foundation may include— (4) GIFTS.—An amount of funds, a gift, a
tory; and (A) conducting support studies, competi- devise, or a bequest described in paragraph
(iii) to permit the director of any National tions, projects, research, and other activities (2)(G) may be accepted by a Laboratory
Laboratory or site of a National Laboratory that further the purpose of the Laboratory Foundation regardless of whether it is en-
to enter into a cooperative research and de- Foundation; cumbered, restricted, or subject to a bene-
velopment agreement or negotiate a licens- (B) carrying out programs to foster col- ficial interest of a private person if any cur-
ing agreement with the Foundation pursuant laboration and partnership among research- rent or future interest of the funds, gift, de-
to section 12 of the Stevenson-Wydler Tech- ers from the Federal Government, State gov- vise, or bequest is for the benefit of the re-
nology Innovation Act of 1980 (15 U.S.C. ernments, institutions of higher education, search and development activities of the Na-
3710a). federally funded research and development tional Energy Technology Laboratory.
(B) DEPARTMENT LIAISONS.—The Secretary centers, and industry and nonprofit organi- (5) OWNERSHIP BY FEDERAL GOVERNMENT.—A
shall appoint liaisons from across the De- zations relating to the research, develop- contribution, gift, or any other transfer
partment to collaborate and coordinate with ment, and commercialization of federally made to or for the use of a Laboratory Foun-
the Foundation, including not less than 1 li- supported technologies; dation shall be regarded as a contribution,
aison from the Office of Technology Transi- (C) carrying out programs to leverage tech- gift, or transfer to or for the use of the Fed-
tions, who shall ensure that the Foundation nologies to support new product development eral Government.
works in conjunction with the Technology that supports regional economic develop- (6) LIABILITY.—The United States shall not
Commercialization Fund of the Department. ment; be liable for any debts, defaults, acts, or
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(C) ADMINISTRATION.—The Secretary shall (D) administering prize competitions— omissions of a Laboratory Foundation.
leverage appropriate arrangements, con- (i) to accelerate private sector competition (7) TRANSFER OF FUNDS.—Notwithstanding
tracts, and directives to carry out the proc- and investment; and any other provision of law, a Laboratory
ess developed under subparagraph (A). (ii) that complement the use of prize au- Foundation may transfer funds to the Na-
(7) NATIONAL SECURITY.—Nothing in this thority by the Department; tional Energy Technology Laboratory and
subsection exempts the Foundation from any (E) providing fellowships and grants to re- the National Energy Technology Laboratory
national security policy of the Department. search and development personnel at, or af- may accept that transfer of funds.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1357
(8) OTHER LAWS.—This subsection shall not ‘‘(A) shall carry out a program to improve (b) TECHNICAL AND CONFORMING AMEND-
alter or supersede any other provision of law the collection, processing, and dissemination MENT.—The table of sections for chapter 507
governing the authority, scope, establish- of space situational awareness data, informa- of title 51, United States Code, is amended by
ment, or use of nonprofit organizations by a tion, and services; inserting after the item relating to section
Federal agency. ‘‘(B) subject to paragraph (2), may provide 50703 the following:
TITLE VI—SPACE MATTERS such data, information, and services to 1 or ‘‘50704. Space situational awareness data, in-
Subtitle A—SPACE Act more eligible entities described in subsection formation, and services: provi-
SEC. 2601. SHORT TITLE.
(b); sion to non-United States Gov-
This subtitle may be cited as the ‘‘Space ‘‘(C) may obtain such data, information, ernment entities.
Preservation and Conjunction Emergency and services from 1 or more such eligible en-
‘‘50705. Authorization of appropriations.’’.
Act of 2021’’ or the ‘‘SPACE Act of 2021’’. tities; and
‘‘(D) not later than 180 days after the date SEC. 2605. CENTERS OF EXCELLENCE FOR SPACE
SEC. 2602. SENSE OF CONGRESS. SITUATIONAL AWARENESS.
It is the sense of Congress that— of the enactment of this section, shall obtain
data or services from 1 or more United (a) IN GENERAL.—Subject to appropria-
(1) the increasingly congested nature of the tions, the Secretary shall award grants to el-
space environment requires immediate ac- States commercial entities, to be stored in
an open-architecture data repository that igible entities to establish 1 or more Centers
tion to address the threat of collisions be- of Excellence for Space Situational Aware-
tween spacecraft and orbital debris; uses commercially available cloud-based
computing platforms and other analytic or ness to advance scientific, technological,
(2) such collisions threaten the billions of transdisciplinary, and policy research in
dollars of existing United States and allied visualization capabilities.
‘‘(2) TYPE OF INFORMATION PROVIDED.— space situational awareness.
spacecraft, including the International
‘‘(A) IN GENERAL.—Data and information (b) PURPOSES.—Each Center shall—
Space Station, and endanger the future
provided to eligible entities under paragraph (1) conduct transdisciplinary research, de-
usability of space;
(3) the provision of accurate and timely no- (1)(B) shall be safety-related and unclassi- velopment, and demonstration projects re-
tice to commercial satellite operators with fied. lated to detecting, tracking, identifying,
respect to potential conjunctions enhances ‘‘(B) NATIONAL SECURITY.—The Secretary of characterizing, modeling, and minimizing
safety; Commerce, in consultation with the Sec- space safety, security, and sustainability
(4) a 2020 National Academies for Public retary of Defense and the heads of other rel- risks to improve—
Administration study identified the Depart- evant Federal agencies, shall develop a pol- (A) space situational awareness and the de-
ment of Commerce as the preferred Federal icy to determine the type of information velopment of open-architecture resources for
agency to manage, process, and disseminate that may be provided under paragraph (1) improved space safety, security, and sustain-
space situational awareness data to commer- without compromising the national security ability;
cial satellite operators; and interests of the United States. (B) the unique identification, tracking,
(5) given the growing space economy, ele- ‘‘(b) ELIGIBLE ENTITY DESCRIBED.—An eligi- classification, prediction, and modeling of
vating the Office of Space Commerce within ble entity described in this subsection is any orbital debris and space objects;
non-United States Government entity, in- (C) the monitoring, quantification, assess-
the Department of Commerce may enhance
cluding— ment, modeling, and prediction of space op-
the ability of the Office of Space Com-
‘‘(1) a State; erations and environmental threats and haz-
merce—
‘‘(2) a political subdivision of a State; ards, including in space collisions;
(A) to promote space safety through future
‘‘(3) a United States commercial entity; (D) peer exchange and documentation of
space situational awareness and space traffic
‘‘(4) the government of a foreign country; evidence-based practices, policies, laws, and
management efforts; and
and regulations related to orbital debris mitiga-
(B) to coordinate with other Federal agen-
‘‘(5) a foreign commercial entity. tion and remediation; and
cies and foreign entities. ‘‘(c) PUBLIC SERVICES.— (E) sharing, modeling, and curation of data
SEC. 2603. DEFINITIONS.
‘‘(1) IN GENERAL.—The Secretary of Com- related to orbital debris, space objects, and
In this subtitle: merce shall designate a basic level of space the environment of orbital debris and space
(1) CENTER.—The term ‘‘Center’’ means a situational awareness data, information, and objects;
Center of Excellence for Space Situational services to be provided at no charge to 1 or (2) conduct policy research related to space
Awareness established under section 2605. more eligible entities described in subsection safety, security, and sustainability so as to
(2) INSTITUTION OF HIGHER EDUCATION.—The (b), which shall include public services, free improve sharing of common data and legal
term ‘‘institution of higher education’’ has of charge, such as— standards related to orbital debris;
the meaning given the term in section 101 of ‘‘(A) a public catalog of tracked space ob- (3) leverage non-Federal sources of support
the Higher Education Act of 1965 (20 U.S.C. jects; to improve space situational awareness and
1001). ‘‘(B) emergency conjunction notifications; minimize space safety, security, and sustain-
(3) ORBITAL DEBRIS.—The term ‘‘orbital de- and ability risks; and
bris’’ means any space object that— ‘‘(C) any other data or services the Direc- (4) draw on commercial capabilities and
(A) remains in orbit; and tor of Space Commerce considers appro- data, as appropriate.
(B) no longer serves any useful function or priate.
purpose. (c) ELIGIBLE ENTITIES.—
‘‘(2) LIMITATION.—The Secretary of Com- (1) IN GENERAL.—To be eligible for a grant
(4) SECRETARY.—The term ‘‘Secretary’’ merce may only provide data or services
means the Secretary of Commerce. under this section, an entity shall be a con-
under paragraph (1)(C) that compete with sortium led by—
(5) SPACE OBJECT.—The term ‘‘space ob- products offered by United States commer-
ject’’ means any object launched into space (A) an institution of higher education; or
cial entities if the provision of such data or (B) a nonprofit organization.
or created in space by humans. services is required to address a threat to
(6) SPACE SITUATIONAL AWARENESS.—The (2) MEMBERSHIP OF CONSORTIUM.—The con-
space safety. sortium referred to in paragraph (1) may in-
term ‘‘space situational awareness’’ means— ‘‘(d) ADVANCED SERVICES.—The Secretary
(A) the identification and characterization clude 1 or more—
of Commerce may undertake activities to (A) commercial entities;
of space objects and orbital debris; and promote the development of advanced space
(B) the understanding of the manner in (B) Federal laboratories, including Depart-
situational awareness data, information, and ment of Defense research laboratories; and
which space objects and orbital debris be- services to foster the growth of a global
have in space. (C) other institutions of higher education
space safety industry.
SEC. 2604.
SPACE SITUATIONAL AWARENESS ‘‘(e) PROCEDURES.—The Secretary of Com- or nonprofit organizations.
DATA, INFORMATION, AND SERV- merce shall establish procedures by which (d) CONSIDERATIONS.—In awarding grants
ICES: PROVISION TO NON-UNITED the authority under this section shall be car- under this section, the Secretary shall con-
STATES GOVERNMENT ENTITIES. ried out. sider, at a minimum—
(a) IN GENERAL.—Chapter 507 of title 51, ‘‘(f) IMMUNITY.—The United States, any (1) the potential of a proposed Center—
United States Code, is amended by adding at agency or instrumentality thereof, and any (A) to improve the science and technology
the end the following: individual, firm, corporation, or other person of space situational awareness; and
‘‘§ 50704. Space situational awareness data, acting for the United States shall be immune (B) to reduce the amount of space safety,
information, and services: provision to non- from any suit in any court for any cause of security, and sustainability risks; and
United States Government entities action arising from the provision or receipt (2) the commitment of financial support,
‘‘(a) SPACE SITUATIONAL AWARENESS PRO- of space situational awareness data, informa- advice, participation, and other contribu-
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GRAM.— tion, or services, whether or not provided in tions from non-Federal sources.
‘‘(1) REQUIREMENT.—Pursuant to the au- accordance with this section, or any related (e) GRANT PERIOD.—A grant awarded under
thority provided in section 50702, the Direc- action or omission. this section shall be awarded for a period of
tor of Space Commerce, in coordination with ‘‘§ 50705. Authorization of appropriations 5 years.
appropriate entities within the Department ‘‘There is authorized to be appropriated to (f) AUTHORIZATION OF APPROPRIATIONS.—
of Commerce and the heads of other relevant the Secretary of Commerce to carry out this There is authorized to be appropriated to
Federal agencies— chapter $15,000,000 for fiscal year 2021.’’. carry out this section $20,000,000.
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S1358 CONGRESSIONAL RECORD — SENATE March 22, 2022
Subtitle B—National Aeronautics and Space competitiveness, STEM workforce develop- the launch of multiple configurations of the
Administration Authorization Act ment, and national security of the United Space Launch System.
SEC. 2611. SHORT TITLE. States; (b) EXPLORATION UPPER STAGE.—To meet
This subtitle may be cited as the ‘‘Na- (2) the development of technologies that the capability requirements under section
tional Aeronautics and Space Administra- enable human exploration of the lunar sur- 302(c)(2) of the National Aeronautics and
tion Authorization Act of 2021’’. face and other celestial bodies is critical to Space Administration Authorization Act of
SEC. 2612. DEFINITIONS.
the space industrial base of the United 2010 (42 U.S.C. 18322(c)(2)), the Administrator
States; shall continue development of the Explo-
In this subtitle:
(3) commercial entities in the United ration Upper Stage for the Space Launch
(1) ADMINISTRATION.—The term ‘‘Adminis-
States have made significant investment and System with a scheduled availability suffi-
tration’’ means the National Aeronautics
progress toward the development of human- cient for use on the third launch of the Space
and Space Administration.
class lunar landers; Launch System.
(2) ADMINISTRATOR.—The term ‘‘Adminis-
(4) NASA developed the Artemis program— (c) BRIEFING.—Not later than 90 days after
trator’’ means the Administrator of the Na-
(A) to fulfill the goal of landing United the date of the enactment of this division,
tional Aeronautics and Space Administra-
States astronauts, including the first woman the Administrator shall brief the appropriate
tion.
and the next man, on the Moon; and committees of Congress on the development
(3) APPROPRIATE COMMITTEES OF CON-
(B) to collaborate with commercial and and scheduled availability of the Exploration
GRESS.—Except as otherwise expressly pro-
international partners to establish sustain- Upper Stage for the third launch of the
vided, the term ‘‘appropriate committees of
able lunar exploration by 2028; Space Launch System.
Congress’’ means—
(5) in carrying out the Artemis program, (d) MAIN PROPULSION TEST ARTICLE.—To
(A) the Committee on Commerce, Science,
the Administrator should ensure that the en- meet the requirements under section
and Transportation of the Senate; and
tire Artemis program is inclusive and rep- 302(c)(3) of the National Aeronautics and
(B) the Committee on Science, Space, and
resentative of all people of the United Space Administration Authorization Act of
Technology of the House of Representatives.
States, including women and minorities; and 2010 (42 U.S.C. 18322(c)(3)), the Administrator
(4) CISLUNAR SPACE.—The term ‘‘cislunar
(6) maintaining multiple technically cred- shall—
space’’ means the region of space beyond
ible providers within NASA commercial pro- (1) immediately on completion of the first
low-Earth orbit out to and including the re-
grams is a best practice that reduces pro- full-duration integrated core stage test of
gion around the surface of the Moon.
grammatic risk. the Space Launch System, initiate develop-
(5) DEEP SPACE.—The term ‘‘deep space’’
(b) STATEMENT OF POLICY.—It shall be the ment of a main propulsion test article for
means the region of space beyond low-Earth
policy of the United States— the integrated core stage propulsion ele-
orbit, including cislunar space.
(1) to bolster the domestic space tech- ments of the Space Launch System, con-
(6) DEVELOPMENT COST.—The term ‘‘devel-
nology industrial base, using existing tools sistent with cost and schedule constraints,
opment cost’’ has the meaning given the
and authorities, particularly in areas central particularly for long-lead propulsion hard-
term in section 30104 of title 51, United
to competition between the United States ware needed for flight;
States Code.
and the People’s Republic of China; and (2) not later than 180 days after the date of
(7) ISS.—The term ‘‘ISS’’ means the Inter-
(2) to mitigate threats and minimize chal- the enactment of this division, submit to the
national Space Station.
lenges to the superiority of the United appropriate committees of Congress a de-
(8) ISS MANAGEMENT ENTITY.—The term
States in space technology, including lunar tailed plan for the development and oper-
‘‘ISS management entity’’ means the organi-
infrastructure and lander capabilities. ation of such main propulsion test article;
zation with which the Administrator has en-
tered into a cooperative agreement under (c) HUMAN LANDING SYSTEM PROGRAM.— and
section 504(a) of the National Aeronautics (1) IN GENERAL.—Not later than 60 days (3) use existing capabilities of NASA cen-
and Space Administration Authorization Act after the date of the enactment of this divi- ters for the design, manufacture, and oper-
of 2010 (42 U.S.C. 18354(a)). sion, the Administrator shall maintain com- ation of the main propulsion test article.
(9) NASA.—The term ‘‘NASA’’ means the petitiveness within the human landing sys-
SEC. 2616. ADVANCED SPACESUITS.
National Aeronautics and Space Administra- tem program by funding design, develop-
ment, testing, and evaluation for not fewer (a) SENSE OF CONGRESS.—It is the sense of
tion. Congress that next-generation advanced
(10) ORION.—The term ‘‘Orion’’ means the than 2 entities.
(2) REQUIREMENTS.—In carrying out the spacesuits are a critical technology for
multipurpose crew vehicle described in sec- human space exploration and use of low-
tion 303 of the National Aeronautics and human landing system program referred to
in paragraph (1), the Administrator shall, to Earth orbit, cislunar space, the surface of
Space Administration Authorization Act of the Moon, and Mars.
2010 (42 U.S.C. 18323). the extent practicable—
(A) encourage reusability and sustain- (b) DEVELOPMENT PLAN.—The Adminis-
(11) OSTP.—The term ‘‘OSTP’’ means the trator shall establish a detailed plan for the
Office of Science and Technology Policy. ability of systems developed; and
(B) offer existing capabilities and assets of development and manufacture of advanced
(12) SPACE LAUNCH SYSTEM.—The term spacesuits, consistent with the deep space
‘‘Space Launch System’’ means the Space NASA centers to support such partnerships.
(3) BRIEFING.—Not later than 60 days after exploration goals and timetables of NASA.
Launch System authorized under section 302
the date of the enactment of this division, (c) DIVERSE ASTRONAUT CORPS.—The Ad-
of the National Aeronautics and Space Ad-
the Administrator shall provide to the ap- ministrator shall ensure that spacesuits de-
ministration Act of 2010 (42 U.S.C. 18322).
propriate committees of Congress a briefing veloped and manufactured after the date of
PART I—AUTHORIZATION OF on the implementation of paragraph (1). the enactment of this division are capable of
APPROPRIATIONS (4) AUTHORIZATION OF APPROPRIATIONS.—In accommodating a wide range of sizes of as-
SEC. 2613. AUTHORIZATION OF APPROPRIATIONS. addition to amounts otherwise appropriated tronauts so as to meet the needs of the di-
There are authorized to be appropriated to for the Artemis program, for fiscal years 2021 verse NASA astronaut corps.
the Administration for fiscal year 2021 through 2025, there is authorized to be appro- (d) ISS USE.—Throughout the operational
$23,495,000,000 as follows: priated $10,032,000,000 to NASA to carry out life of the ISS, the Administrator should
(1) For Exploration, $6,706,400,000. the human landing system program. fully use the ISS for testing advanced
(2) For Space Operations, $3,988,200,000. (5) SAVINGS.—The Administrator shall not, spacesuits.
(3) For Science, $7,274,700,000. in order to comply with the obligations re- (e) PRIOR INVESTMENTS.—
(4) For Aeronautics, $828,700,000. ferred to in paragraph (1), modify, terminate, (1) IN GENERAL.—In developing an advanced
(5) For Space Technology, $1,206,000,000. or rescind any selection decisions or awards spacesuit, the Administrator shall, to the
(6) For Science, Technology, Engineering, made under the human landing system pro- maximum extent practicable, partner with
and Mathematics Engagement, $120,000,000. gram that were announced prior to the date industry-proven spacesuit design, develop-
(7) For Safety, Security, and Mission Serv- of enactment of this division. ment, and manufacturing suppliers and le-
ices, $2,936,500,000. (d) APPROPRIATE COMMITTEES OF CONGRESS verage prior and existing investments in ad-
(8) For Construction and Environmental DEFINED.—In this section, the term ‘‘appro- vanced spacesuit technologies and existing
Compliance and Restoration, $390,300,000. priate committees of Congress’’ means— capabilities at NASA centers to maximize
(9) For Inspector General, $44,200,000. (1) the Committee on Commerce, Science, the benefits of such investments and tech-
PART II—HUMAN SPACEFLIGHT AND and Transportation and the Committee on nologies.
EXPLORATION Appropriations of the Senate; and (2) AGREEMENTS WITH PRIVATE ENTITIES.—In
SEC. 2614.COMPETITIVENESS WITHIN THE (2) the Committee on Science, Space, and carrying out this subsection, the Adminis-
ctelli on DSK11ZRN23PROD with SENATE
HUMAN LANDING SYSTEM PRO- Technology and the Committee on Appro- trator may enter into 1 or more agreements
GRAM. priations of the House of Representatives. with 1 or more private entities for the manu-
(a) SENSE OF CONGRESS.—It is the sense of SEC. 2615. SPACE LAUNCH SYSTEM CONFIGURA- facture of advanced spacesuits, as the Ad-
Congress that— TIONS. ministrator considers appropriate.
(1) advances in space technology and space (a) MOBILE LAUNCH PLATFORM.—The Ad- (f) BRIEFING.—Not later than 180 days after
exploration capabilities ensure the long- ministrator is authorized to maintain 2 oper- the date of the enactment of this division,
term technological preeminence, economic ational mobile launch platforms to enable and semiannually thereafter until NASA
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1359
procures advanced spacesuits under this sec- test infrastructure developed under this sec- 504(d) of the National Aeronautics and Space
tion, the Administrator shall brief the appro- tion. Administration Authorization Act of 2010 (42
priate committees of Congress on the devel- (e) WORKING CAPITAL FUND STUDY.— U.S.C. 18354(d)) is amended—
opment plan in subsection (b). (1) IN GENERAL.—Not later than 180 days (1) in paragraph (1), in the first sentence—
SEC. 2617. ACQUISITION OF DOMESTIC SPACE after the date of the enactment of this divi- (A) by striking ‘‘As soon as practicable’’
TRANSPORTATION AND LOGISTICS sion, the Administrator shall submit to the and all that follows through ‘‘2011,’’ and in-
RESUPPLY SERVICES. appropriate committees of Congress a report serting ‘‘The’’; and
(a) IN GENERAL.—Except as provided in on the use of the authority under section (B) by striking ‘‘September 30, 2024’’ and
subsection (b), the Administrator shall not 30102 of title 51, United States Code, to pro- inserting ‘‘September 30, 2030’’; and
enter into any contract with a person or en- mote increased use of NASA rocket propul- (2) in paragraph (2), in the third sentence,
tity that proposes to use, or will use, a for- sion test infrastructure for research, devel- by striking ‘‘September 30, 2024’’ and insert-
eign launch provider for a commercial serv- opment, testing, and evaluation activities by ing ‘‘September 30, 2030’’.
ice to provide space transportation or logis- other Federal agencies, firms, associations, (d) MAINTENANCE OF USE.—Section 70907 of
tics resupply for— corporations, and educational institutions. title 51, United States Code, is amended—
(1) the ISS; or (2) MATTERS TO BE INCLUDED.—The report (1) in the section heading, by striking
(2) any Government-owned or Government- required by paragraph (1) shall include the ‘‘2024’’ and inserting ‘‘2030’’;
funded platform in Earth orbit or cislunar following: (2) in subsection (a), by striking ‘‘Sep-
space, on the lunar surface, or elsewhere in (A) An assessment of prior use, if any, of tember 30, 2024’’ and inserting ‘‘September
space. the authority under section 30102 of title 51, 30, 2030’’; and
(b) EXCEPTION.—The Administrator may United States Code, to improve testing infra- (3) in subsection (b)(3), by striking ‘‘Sep-
enter into a contract with a person or an en- structure. tember 30, 2024’’ and inserting ‘‘September
tity that proposes to use, or will use, a for- (B) An analysis of any barrier to imple- 30, 2030’’.
eign launch provider for a commercial serv- mentation of such authority for the purpose (e) TRANSITION PLAN REPORTS.—Section
ice to carry out an activity described in sub- of promoting increased use of NASA rocket 50111(c)(2) of title 51, United States Code is
section (a) if— propulsion test infrastructure. amended—
(1) a domestic vehicle or service is unavail- SEC. 2619. PEARL RIVER MAINTENANCE. (1) in the matter preceding subparagraph
able; or (A), by striking ‘‘2023’’ and inserting ‘‘2028’’;
(a) IN GENERAL.—The Administrator shall
(2) the launch vehicle or service is a con- and
coordinate with the Chief of the Army Corps
tribution by a partner to an international (2) in subparagraph (J), by striking ‘‘2028’’
of Engineers to ensure the continued naviga-
no-exchange-of-funds collaborative effort. and inserting ‘‘2030’’.
(c) RULE OF CONSTRUCTION.—Nothing in bility of the Pearl River and Little Lake
channels sufficient to support NASA barge (f) ELIMINATION OF INTERNATIONAL SPACE
this section shall be construed to prohibit STATION NATIONAL LABORATORY ADVISORY
the Administrator from entering into 1 or operations surrounding Stennis Space Center
and the Michoud Assembly Facility. COMMITTEE.—Section 70906 of title 51, United
more no-exchange-of-funds collaborative States Code, is repealed.
agreements with an international partner in (b) REPORT TO CONGRESS.—Not later than
180 days after the date of the enactment of (g) CONFORMING AMENDMENTS.—Chapter 709
support of the deep space exploration plan of of title 51, United States Code, is amended—
NASA. this division, the Administrator shall submit
to the appropriate committees of Congress a (1) by redesignating section 70907 as section
SEC. 2618. ROCKET ENGINE TEST INFRASTRUC- 70906; and
TURE. report on efforts under subsection (a).
(c) APPROPRIATE COMMITTEES OF CONGRESS (2) in the table of sections for the chapter,
(a) IN GENERAL.—The Administrator shall by striking the items relating to sections
continue to carry out a program to mod- DEFINED.—In this section, the term ‘‘appro-
priate committees of Congress’’ means— 70906 and 70907 and inserting the following:
ernize rocket propulsion test infrastructure
at NASA facilities— (1) the Committee on Commerce, Science, ‘‘70906. Maintaining use through at least
(1) to increase capabilities; and Transportation, the Committee on Envi- 2030.’’.
(2) to enhance safety; ronment and Public Works, and the Com- SEC. 2622. DEPARTMENT OF DEFENSE ACTIVI-
(3) to support propulsion development and mittee on Appropriations of the Senate; and TIES ON INTERNATIONAL SPACE
(2) the Committee on Science, Space, and STATION.
testing; and
(4) to foster the improvement of Govern- Technology, the Committee on Transpor- (a) IN GENERAL.—Not later than 180 days
ment and commercial space transportation tation and Infrastructure, and the Com- after the date of the enactment of this divi-
and exploration. mittee on Appropriations of the House of sion, the Secretary of Defense shall—
(b) PROJECTS.—Projects funded under the Representatives. (1) identify and review each activity, pro-
program described in subsection (a) may in- SEC. 2620. VALUE OF INTERNATIONAL SPACE gram, and project of the Department of De-
clude— STATION AND CAPABILITIES IN LOW- fense completed, being carried out, or
(1) infrastructure and other facilities and EARTH ORBIT. planned to be carried out on the ISS as of
systems relating to rocket propulsion test (a) SENSE OF CONGRESS.—It is the sense of the date of the review; and
stands and rocket propulsion testing; Congress that— (2) provide to the appropriate committees
(2) enhancements to test facility capacity (1) it is in the national and economic secu- of Congress a briefing that describes the re-
and flexibility; and rity interests of the United States to main- sults of the review.
(3) such other projects as the Adminis- tain a continuous human presence in low- (b) APPROPRIATE COMMITTEES OF CONGRESS
trator considers appropriate to meet the Earth orbit; DEFINED.—In this section, the term ‘‘appro-
goals described in that subsection. (2) low-Earth orbit should be used as a test priate committees of Congress’’ means—
(c) REQUIREMENTS.—In carrying out the bed to advance human space exploration and (1) the Committee on Armed Services, the
program under subsection (a), the Adminis- scientific discoveries; and Committee on Appropriations, and the Com-
trator shall— (3) the ISS is a critical component of eco- mittee on Commerce, Science, and Transpor-
(1) prioritize investments in projects that nomic, commercial, and industrial develop- tation of the Senate; and
enhance test and flight certification capa- ment in low-Earth orbit. (2) the Committee on Armed Services, the
bilities for large thrust-level atmospheric (b) HUMAN PRESENCE REQUIREMENT.—The Committee on Appropriations, and the Com-
and altitude engines and engine systems, and United States shall continuously maintain mittee on Science, Space, and Technology of
multi-engine integrated test capabilities; the capability for a continuous human pres- the House of Representatives.
(2) continue to make underutilized test fa- ence in low-Earth orbit through and beyond SEC. 2623. COMMERCIAL DEVELOPMENT IN LOW-
cilities available for commercial use on a re- the useful life of the ISS. EARTH ORBIT.
imbursable basis; and SEC. 2621. EXTENSION AND MODIFICATION RE- (a) STATEMENT OF POLICY.—It is the policy
(3) ensure that no project carried out under LATING TO INTERNATIONAL SPACE of the United States to encourage the devel-
this program adversely impacts, delays, or STATION. opment of a thriving and robust United
defers testing or other activities associated (a) POLICY.—Section 501(a) of the National States commercial sector in low-Earth orbit.
with facilities used for Government pro- Aeronautics and Space Administration Au- (b) PREFERENCE FOR UNITED STATES COM-
grams, including— thorization Act of 2010 (42 U.S.C. 18351(a)) is MERCIAL PRODUCTS AND SERVICES.—The Ad-
(A) the Space Launch System and the Ex- amended by striking ‘‘2024’’ and inserting ministrator shall continue to increase the
ploration Upper Stage of the Space Launch ‘‘2030’’. use of assets, products, and services of pri-
System; (b) MAINTENANCE OF UNITED STATES SEG- vate entities in the United States to fulfill
(B) in-space propulsion to support explo- MENT AND ASSURANCE OF CONTINUED OPER- the low-Earth orbit requirements of the Ad-
ctelli on DSK11ZRN23PROD with SENATE
ration missions; or ATIONS.—Section 503(a) of the National Aero- ministration.
(C) nuclear propulsion testing. nautics and Space Administration Author- (c) NONCOMPETITION.—
(d) RULE OF CONSTRUCTION.—Nothing in ization Act of 2010 (42 U.S.C. 18353(a)) is (1) IN GENERAL.—Except as provided in
this section shall preclude a NASA program, amended by striking ‘‘September 30, 2024’’ paragraph (2), the Administrator may not
including the Space Launch System and the and inserting ‘‘September 30, 2030’’. offer to a foreign person or a foreign govern-
Exploration Upper Stage of the Space (c) RESEARCH CAPACITY ALLOCATION AND IN- ment a spaceflight product or service relat-
Launch System, from using the modernized TEGRATION OF RESEARCH PAYLOADS.—Section ing to the ISS, if a comparable spaceflight
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S1360 CONGRESSIONAL RECORD — SENATE March 22, 2022
product or service, as applicable, is offered 70905 of title 51, United States Code), which ‘‘(b) NOTIFICATION TO CONGRESS.—On com-
by a private entity in the United States. is designated as a national laboratory under pletion of a determination made under para-
(2) EXCEPTION.—The Administrator may section 70905(b) of title 51, United States graph (2), the Administrator shall submit to
offer a spaceflight product or service relat- Code— the appropriate committees of Congress a
ing to the ISS to the government of a coun- (A) benefits the scientific community and notification of the determination that in-
try that is a signatory to the Agreement promotes commerce in space; cludes a written justification.
Among the Government of Canada, Govern- (B) fosters stronger relationships among ‘‘(c) PUBLIC AVAILABILITY.—A determina-
ments of Member States of the European NASA and other Federal agencies, the pri- tion or part of such determination under
Space Agency, the Government of Japan, the vate sector, and research groups and univer- paragraph (1) shall be made available to the
Government of the Russian Federation, and sities; public on request, as required under section
the Government of the United States of (C) advances science, technology, engineer- 552 of title 5, United States Code (commonly
America Concerning Cooperation on the ing, and mathematics education through use referred to as the ‘Freedom of Information
Civil International Space Station, signed at of the unique microgravity environment; and Act’).
Washington January 29, 1998, and entered (D) advances human knowledge and inter- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in
into force on March 27, 2001 (TIAS 12927), in- national cooperation; this section may be construed to affect the
cluding an international partner astronaut (2) after the ISS is decommissioned, the rights of the Federal Government, including
(as defined in section 50902 of title 51, United United States should maintain a national property rights in inventions, under any con-
States Code) that is sponsored by the govern- microgravity laboratory in space; tract, except in the case of a written con-
ment of such a country. (3) in maintaining a national microgravity tract with the Administration or the ISS
(d) SHORT-DURATION COMMERCIAL MIS- laboratory in space, the United States management entity for the performance of a
SIONS.—To provide opportunities for addi- should make appropriate accommodations designated activity.
tional transport of astronauts to the ISS and ‘‘(e) DEFINITIONS.—In this section—
for different types of ownership and oper-
help establish a commercial market in low- ‘‘(1) CONTRACT.—The term ‘contract’ has
ation arrangements for the ISS and future
Earth orbit, the Administrator may permit the meaning giving the term in section
space stations;
short-duration missions to the ISS for com- 20135(a).
(4) to the maximum extent practicable, a
mercial passengers on a fully or partially re- ‘‘(2) DESIGNATED ACTIVITY.—The term ‘des-
national microgravity laboratory in space
imbursable basis. should be maintained in cooperation with ignated activity’ means any non-NASA sci-
(e) PROGRAM AUTHORIZATION.— international space partners; and entific use of the ISS national laboratory as
(1) ESTABLISHMENT.—The Administrator (5) NASA should continue to support fun- described in section 504 of the National Aero-
shall establish a low-Earth orbit commercial damental science research on future plat- nautics and Space Administration Author-
development program to encourage the full- forms in low-Earth orbit and cislunar space, ization Act of 2010 (42 U.S.C. 18354).
est commercial use and development of space orbital and suborbital flights, drop towers, ‘‘(3) DESIGNATED INVENTION.—The term
by private entities in the United States. and other microgravity testing environ- ‘designated invention’ means any invention,
(2) ELEMENTS.—The program established ments. product, or service conceived or first reduced
under paragraph (1) shall, to the maximum (b) REPORT.—The Administrator, in coordi- to practice by any person in the performance
extent practicable, include activities— nation with the National Space Council and of a designated activity under a written con-
(A) to stimulate demand for— other Federal agencies as the Administrator tract with the Administration or the ISS
(i) space-based commercial research, devel- considers appropriate, shall issue a report management entity.
opment, and manufacturing; detailing the feasibility of establishing a ‘‘(4) FULL COST.—The term ‘full cost’ means
(ii) spaceflight products and services; and microgravity national laboratory federally the cost of transporting materials or pas-
(iii) human spaceflight products and serv- funded research and development center to sengers to and from the ISS, including any
ices in low-Earth orbit; carry out activities relating to the study and power needs, the disposal of mass, crew
(B) to improve the capability of the ISS to use of in-space conditions. member time, stowage, power on the ISS,
accommodate commercial users; and SEC. 2625. INTERNATIONAL SPACE STATION NA- data downlink, crew consumables, and life
(C) subject to paragraph (3), to foster the TIONAL LABORATORY; PROPERTY support.
development of commercial space stations RIGHTS IN INVENTIONS. ‘‘(5) GOVERNMENT-PURPOSE LICENSE.—The
and habitats. (a) IN GENERAL.—Subchapter III of chapter term ‘Government-purpose license’ means
(3) COMMERCIAL SPACE STATIONS AND HABI- 201 of title 51, United States Code, is amend- the reservation by the Federal Government
TATS.— ed by adding at the end the following: of an irrevocable, nonexclusive, nontransfer-
(A) PRIORITY.—With respect to an activity ‘‘§ 20150. Property rights in designated inven- able, royalty-free license for the use of an in-
to develop a commercial space station or tions vention throughout the world by or on behalf
habitat, the Administrator shall give pri- ‘‘(a) EXCLUSIVE PROPERTY RIGHTS.—Not- of the United States or any foreign govern-
ority to an activity for which a private enti- withstanding section 3710a of title 15, chap- ment pursuant to a treaty or agreement with
ty provides a significant share of the cost to ter 18 of title 35, section 20135, or any other the United States.
develop and operate the activity. provision of law, a designated invention shall ‘‘(6) ISS MANAGEMENT ENTITY.—The term
(B) REPORT.—Not later than 30 days after be the exclusive property of a user, and shall ‘ISS management entity’ means the organi-
the date that an award or agreement is made not be subject to a Government-purpose li- zation with which the Administrator enters
to carry out an activity to develop a com- cense, if— into a cooperative agreement under section
mercial space station or habitat, the Admin- ‘‘(1)(A) the Administration is reimbursed 504(a) of the National Aeronautics and Space
istrator shall submit to the appropriate com- under the terms of the contract for the full Administration Authorization Act of 2010 (42
mittees of Congress a report on the develop- cost of a contribution by the Federal Gov- U.S.C. 18354(a)).
ment of the commercial space station or ernment of the use of Federal facilities, ‘‘(7) USER.—The term ‘user’ means a per-
habitat, as applicable, that includes— equipment, materials, proprietary informa- son, including a nonprofit organization or
(i) a business plan that describes the man- tion of the Federal Government, or services small business firm (as such terms are de-
ner in which the project will— of a Federal employee during working hours, fined in section 201 of title 35), or class of
(I) meet the future requirements of NASA including the cost for the Administration to persons that enters into a written contract
for low-Earth orbit human space-flight serv- carry out its responsibilities under para- with the Administration or the ISS manage-
ices; and graphs (1) and (4) of section 504(d) of the Na- ment entity for the performance of des-
(II) fulfill the cost-share funding tional Aeronautics and Space Administra- ignated activities.’’.
prioritization under subparagraph (A); and tion Authorization Act of 2010 (42 U.S.C. (b) CONFORMING AMENDMENT.—The table of
(ii) a review of the viability of the oper- 18354(d)); sections for chapter 201 of title 51, United
ational business case, including— ‘‘(B) Federal funds are not transferred to States Code, is amended by inserting after
(I) the level of expected Government par- the user under the contract; and the item relating to section 20149 the fol-
ticipation; ‘‘(C) the designated invention was made (as lowing:
(II) a list of anticipated nongovernmental defined in section 20135(a))— ‘‘20150. Property rights in designated inven-
an international customers and associated ‘‘(i) solely by the user; or tions.’’.
contributions; and ‘‘(ii)(I) by the user with the services of a SEC. 2626. DATA FIRST PRODUCED DURING NON-
(III) an assessment of long-term sustain- Federal employee under the terms of the NASA SCIENTIFIC USE OF THE ISS
ability for the nongovernmental customers, contract; and NATIONAL LABORATORY.
including an independent assessment of the ‘‘(II) the Administration is reimbursed for (a) DATA RIGHTS.—Subchapter III of chap-
viability of the market for such commercial such services under subparagraph (B); or ter 201 of title 51, United States Code, as
ctelli on DSK11ZRN23PROD with SENATE
services or products. ‘‘(2) the Administrator determines that the amended by section 2626, is further amended
SEC. 2624. MAINTAINING A NATIONAL LABORA- relevant field of commercial endeavor is suf- by adding at the end the following:
TORY IN SPACE. ficiently immature that granting exclusive ‘‘§ 20151. Data rights
(a) SENSE OF CONGRESS.—It is the sense of property rights to the user is necessary to ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS
Congress that— help bolster demand for products and serv- NATIONAL LABORATORY.—The Federal Gov-
(1) the United States segment of the Inter- ices produced on crewed or crew-tended ernment may not use or reproduce, or dis-
national Space Station (as defined in section space stations. close outside of the Government, any data
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1361
first produced in the performance of a des- the negotiation of agreements, similar to ‘‘(c) SPACE EXPLORATION FUND.—
ignated activity under a written contract agreements made by other Federal agencies ‘‘(1) ESTABLISHMENT.—There is established
with the Administration or the ISS manage- that support private sector innovation; and in the Treasury of the United States a fund,
ment entity, unless— (2) the amount of such costs that to be re- to be known as the ‘Space Exploration Fund’
‘‘(1) otherwise agreed under the terms of covered or profits collected through such (referred to in this subsection as the ‘Fund’),
the contract with the Administration or the agreements should be applied by the Admin- to be administered by the Administrator.
ISS management entity, as applicable; istrator through a tiered process, taking into ‘‘(2) USE OF FUND.—The Fund shall be
‘‘(2) the designated activity is carried out consideration the relative maturity and prof- available to carry out activities described in
with Federal funds; itability of the applicable product or service. subsection (a)(3).
‘‘(3) disclosure is required by law; (b) IN GENERAL.—Subchapter III of chapter ‘‘(3) DEPOSITS.—There shall be deposited in
‘‘(4) the Federal Government has rights in 201 of title 51, United States Code, as amend- the Fund—
the data under another Federal contract, ed by section 2627, is further amended by ‘‘(A) amounts appropriated to the Fund;
grant, cooperative agreement, or other adding at the end the following: ‘‘(B) fees and royalties collected by the Ad-
transaction; or ‘‘§ 20152. Payments received for commercial ministrator or the ISS management entity
‘‘(5) the data is— space-enable production under subsections (a) and (b); and
‘‘(A) otherwise lawfully acquired or inde- ‘‘(a) ANNUAL REVIEW.— ‘‘(C) donations or contributions designated
pendently developed by the Federal Govern- ‘‘(1) IN GENERAL.—Not later than one year to support authorized activities.
ment; after the date of the enactment of this sec- ‘‘(4) RULE OF CONSTRUCTION.—Amounts
‘‘(B) related to the health and safety of tion, and annually thereafter, the Adminis- available to the Administrator under this
personnel on the ISS; or trator shall review the profitability of any subsection shall be—
‘‘(C) essential to the performance of work partnership with a private entity under a ‘‘(A) in addition to amounts otherwise
by the ISS management entity or NASA per- contract in which the Administrator— made available for the purpose described in
sonnel. ‘‘(A) permits the use of the ISS by such paragraph (2); and
‘‘(b) DEFINITIONS.—In this section: private entities to produce a commercial ‘‘(B) available for a period of 5 years, to the
‘‘(1) CONTRACT.—The term ‘contract’ has product or service; and extent and in the amounts provided in an-
the meaning given the term under section ‘‘(B) provides the total unreimbursed cost nual appropriation Acts.
20135(a). of a contribution by the Federal Government ‘‘(d) DEFINITIONS.—
‘‘(2) DATA.— for the use of Federal facilities, equipment, ‘‘(1) IN GENERAL.—In this section, any term
‘‘(A) IN GENERAL.—The term ‘data’ means materials, proprietary information of the used in this section that is also used in sec-
recorded information, regardless of form or Federal Government, or services of a Federal tion 20150 shall have the meaning given the
the media on which it may be recorded. employee during working hours, including term in that section.
‘‘(B) INCLUSIONS.—The term ‘data’ includes the cost for the Administration to carry out ‘‘(2) APPROPRIATE COMMITTEES OF CON-
technical data and computer software. GRESS.—The term ‘appropriate committees
its responsibilities under paragraphs (1) and
‘‘(C) EXCLUSIONS.—The term ‘data’ does not (4) of section 504(d) of the National Aero- of Congress’ means—
include information incidental to contract nautics and Space Administration Author- ‘‘(A) the Committee on Commerce,
administration, such as financial, adminis- ization Act of 2010 (42 U.S.C. 18354(d)). Science, and Transportation and the Com-
trative, cost or pricing, or management in- ‘‘(2) NEGOTIATION OF REIMBURSEMENTS.— mittee on Appropriations of the Senate; and
formation. Subject to the review described in paragraph ‘‘(B) the Committee on Science, Space, and
‘‘(3) DESIGNATED ACTIVITY.—The term ‘des- (1), the Administrator shall seek to enter Technology and the Committee on Appro-
ignated activity’ has the meaning given the into an agreement to negotiate reimburse- priations of the House of Representatives.’’.
term in section 20150. (c) CONFORMING AMENDMENT.—The table of
ments for payments received, or portions of
‘‘(4) ISS MANAGEMENT ENTITY.—The term sections for chapter 201 of title 51, United
profits created, by any mature, profitable
‘ISS management entity’ has the meaning States Code, as amended by section and 2626,
private entity described in that paragraph,
given the term in section 20150.’’. is further amended by inserting after the
as appropriate, through a tiered process that
(b) SPECIAL HANDLING OF TRADE SECRETS item relating to section 20151 the following:
reflects the profitability of the relevant
OR CONFIDENTIAL INFORMATION.—Section product or service. ‘‘20152. Payments received for commercial
20131(b)(2) of title 51, United States Code, is ‘‘(3) USE OF FUNDS.—Amounts received by space-enabled production.’’.
amended to read as follows: the Administrator in accordance with an SEC. 2628. STEPPING STONE APPROACH TO EX-
‘‘(2) INFORMATION DESCRIBED.— PLORATION.
agreement under paragraph (2) shall be used
‘‘(A) ACTIVITIES UNDER AGREEMENT.—Infor- by the Administrator in the following order (a) IN GENERAL.—Section 70504 of title 51,
mation referred to in paragraph (1) is infor- of priority: United States Code, is amended to read as
mation that— ‘‘(A) To defray the operating cost of the follows:
‘‘(i) results from activities conducted ISS. ‘‘§ 70504. Stepping stone approach to explo-
under an agreement entered into under sub- ‘‘(B) To develop, implement, or operate fu- ration
sections (e) and (f) of section 20113; and ture low-Earth orbit platforms or capabili- ‘‘(a) IN GENERAL.—The Administrator, in
‘‘(ii) would be a trade secret or commercial ties. sustainable steps, may conduct missions to
or financial information that is privileged or ‘‘(C) To develop, implement, or operate fu- intermediate destinations, such as the Moon,
confidential within the meaning of section ture human deep space platforms or capabili- in accordance with section 20302(b), and on a
552(b)(4) of title 5 if the information had been ties. timetable determined by the availability of
obtained from a non-Federal party partici- ‘‘(D) Any other costs the Administrator funding, in order to achieve the objective of
pating in such an agreement. considers appropriate. human exploration of Mars specified in sec-
‘‘(B) CERTAIN DATA.—Information referred ‘‘(4) REPORT.—On completion of the first tion 202(b)(5) of the National Aeronautics
to in paragraph (1) includes data (as defined annual review under paragraph (1), and annu- and Space Administration Authorization Act
in section 20151) that— ally thereafter, the Administrator shall sub- of 2010 (42 U.S.C. 18312(b)(5)), if the Adminis-
‘‘(i) was first produced by the Administra- mit to the appropriate committees of Con- trator—
tion in the performance of any designated gress a report that includes a description of ‘‘(1) determines that each such mission
activity (as defined in section 20150); and the results of the annual review, any agree- demonstrates or advances a technology or
‘‘(ii) would be a trade secret or commercial ment entered into under this section, and operational concept that will enable human
or financial information that is privileged or the amounts recouped or obtained under any missions to Mars; and
confidential within the meaning of section such agreement. ‘‘(2) incorporates each such mission into
552(b)(4) of title 5 if the data had been ob- ‘‘(b) LICENSING AND ASSIGNMENT OF INVEN- the human exploration roadmap under sec-
tained from a non-Federal party.’’. TIONS.—Notwithstanding sections 3710a and tion 432 of the National Aeronautics and
(c) CONFORMING AMENDMENT.—The table of 3710c of title 15 and any other provision of Space Administration Transition Authoriza-
sections for chapter 201 of title 51, United law, after payment in accordance with sub- tion Act of 2017 (Public Law 115–10; 51 U.S.C.
States Code, as amended by section 2626, is section (A)(i) of such section 3710c(a)(1)(A)(i) 20302 note).
further amended by inserting after the item to the inventors who have directly assigned ‘‘(b) CISLUNAR SPACE EXPLORATION ACTIVI-
relating to section 20150 the following: to the Federal Government their interests in TIES.—In conducting a mission under sub-
‘‘20151. Data rights.’’. an invention under a written contract with section (a), the Administrator shall—
SEC. 2627. PAYMENTS RECEIVED FOR COMMER- the Administration or the ISS management ‘‘(1) use a combination of launches of the
CIAL SPACE-ENABLED PRODUCTION entity for the performance of a designated Space Launch System and space transpor-
ctelli on DSK11ZRN23PROD with SENATE
ON THE ISS. activity, the balance of any royalty or other tation services from United States commer-
(a) SENSE OF CONGRESS.—It is the sense of payment received by the Administrator or cial providers, as appropriate, for the mis-
Congress that— the ISS management entity from licensing sion;
(1) the Administrator should determine a and assignment of such invention shall be ‘‘(2) plan for not fewer than 1 Space
threshold for NASA to recover the costs of paid by the Administrator or the ISS man- Launch System launch annually beginning
supporting the commercial development of agement entity, as applicable, to the Space after the first successful crewed launch of
products or services aboard the ISS, through Exploration Fund. Orion on the Space Launch System; and
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S1362 CONGRESSIONAL RECORD — SENATE March 22, 2022
‘‘(3) establish an outpost in orbit around (2) in paragraph (4)(C), by striking ‘‘EM–3’’ (2) ELEMENT.—The program under para-
the Moon that— and inserting ‘‘Artemis III’’. graph (1) shall include activities relating to
‘‘(A) demonstrates technologies, systems, PART III—SCIENCE astronomy, biology, geology, and planetary
and operational concepts directly applicable SEC. 2631. SCIENCE PRIORITIES. science.
to the space vehicle that will be used to (a) SENSE OF CONGRESS ON SCIENCE PORT- (3) COORDINATION WITH LIFE SCIENCES PRO-
transport humans to Mars; GRAM.—In carrying out the program under
FOLIO.—Congress reaffirms the sense of Con-
‘‘(B) has the capability for periodic human gress that— paragraph (1), the Administrator shall co-
habitation; and (1) a balanced and adequately funded set of ordinate efforts with the life sciences pro-
‘‘(C) can function as a point of departure, activities, consisting of research and anal- gram of the Administration.
return, or staging for Administration or non- ysis grant programs, technology develop- (4) TECHNOSIGNATURES.—In carrying out
governmental or international partner mis- ment, suborbital research activities, and the program under paragraph (1), the Admin-
sions to multiple locations on the lunar sur- small, medium, and large space missions, istrator shall support activities to search for
face or other destinations. contributes to a robust and productive and analyze technosignatures.
‘‘(c) COST-EFFECTIVENESS.—To maximize (5) INSTRUMENTATION AND SENSOR TECH-
science program and serves as a catalyst for
the cost-effectiveness of the long-term space NOLOGY.—In carrying out the program under
innovation and discovery; and
exploration and utilization activities of the paragraph (1), the Administrator may strate-
(2) the Administrator should set science
United States, the Administrator shall take gically invest in the development of new in-
priorities by following the guidance provided
all necessary steps, including engaging non- strumentation and sensor technology.
by the scientific community through the
governmental and international partners, to SEC. 2634. JAMES WEBB SPACE TELESCOPE.
ensure that activities in the Administra- decadal surveys of the National Academies of
Sciences, Engineering, and Medicine. (a) SENSE OF CONGRESS.—It is the sense of
tion’s human space exploration program are Congress that—
(b) NATIONAL ACADEMIES DECADAL SUR-
balanced in order to help meet the require- (1) the James Webb Space Telescope will be
VEYS.—Section 20305(c) of title 51, United
ments of future exploration and utilization the next premier observatory in space and
States Code, is amended—
activities leading to human habitation on has great potential to further scientific
(1) by striking ‘‘The Administrator shall’’
the surface of Mars. study and assist scientists in making new
‘‘(d) COMPLETION.—Within budgetary con- and inserting the following:
‘‘(1) REEXAMINATION OF PRIORITIES BY NA- discoveries in the field of astronomy;
siderations, once an exploration-related
TIONAL ACADEMIES.—The Administrator (2) the James Webb Space Telescope was
project enters its development phase, the Ad-
shall’’; and developed as an ambitious project with a
ministrator shall seek, to the maximum ex-
(2) by adding at the end the following: scope that was not fully defined at inception
tent practicable, to complete that project
‘‘(2) REEXAMINATION OF PRIORITIES BY AD- and with risk that was not fully known or
without undue delay.
‘‘(e) INTERNATIONAL PARTICIPATION.—To MINISTRATOR.—If the Administrator decides understood;
achieve the goal of successfully conducting a to reexamine the applicability of the prior- (3) despite the major technology develop-
crewed mission to the surface of Mars, the ities of the decadal surveys to the missions ment and innovation that was needed to con-
Administrator shall invite the partners in and activities of the Administration due to struct the James Webb Space Telescope,
the ISS program and other nations, as appro- scientific discoveries or external factors, the major negative impacts to the cost and
priate, to participate in an international ini- Administrator shall consult with the rel- schedule of the James Webb Space Telescope
tiative under the leadership of the United evant committees of the National Acad- resulted from poor program management and
States.’’. emies.’’. poor contractor performance;
(b) DEFINITION OF CISLUNAR SPACE.—Sec- SEC. 2632. LUNAR DISCOVERY PROGRAM. (4) the Administrator should take into ac-
tion 10101 of title 51, United States Code, is (a) IN GENERAL.—The Administrator may count the lessons learned from the cost and
amended by adding at the end the following: carry out a program to conduct lunar science schedule issues relating to the development
‘‘(3) CISLUNAR SPACE.—The term ‘cislunar research, including missions to the surface of of the James Webb Space Telescope in mak-
space’ means the region of space beyond low- the Moon, that materially contributes to the ing decisions regarding the scope of and the
Earth orbit out to and including the region objective described in section 20102(d)(1) of technologies needed for future scientific mis-
around the surface of the Moon.’’. title 51, United States Code. sions; and
(c) TECHNICAL AND CONFORMING AMEND- (b) COMMERCIAL LANDERS.—In carrying out (5) in selecting future scientific missions,
MENTS.—Section 3 of the National Aero- the program under subsection (a), the Ad- the Administrator should take into account
nautics and Space Administration Author- ministrator shall procure the services of the impact that large programs that overrun
ization Act of 2010 (42 U.S.C. 18302) is amend- commercial landers developed primarily by cost and schedule estimates may have on
ed by striking paragraphs (2) and (3) and in- United States industry to land science pay- other NASA programs in earlier phases of de-
serting the following: loads of all classes on the lunar surface. velopment.
‘‘(2) APPROPRIATE COMMITTEES OF CON- (c) LUNAR SCIENCE RESEARCH.—The Admin- (b) PROJECT CONTINUATION.—The Adminis-
GRESS.—The term ‘appropriate committees istrator shall ensure that lunar science re- trator shall continue—
of Congress’ means— search carried out under subsection (a) is (1) to closely track the cost and schedule
‘‘(A) the Committee on Commerce, consistent with recommendations made by performance of the James Webb Space Tele-
Science, and Transportation of the Senate; the National Academies of Sciences, Engi- scope project; and
and neering, and Medicine. (2) to improve the reliability of cost esti-
‘‘(B) the Committee on Science, Space, and (d) LUNAR POLAR VOLATILES.—In carrying mates and contractor performance data
Technology of the House of Representatives. out the program under subsection (a), the throughout the remaining development of
‘‘(3) CISLUNAR SPACE.—The term ‘cislunar Administrator shall, at the earliest oppor- the James Webb Space Telescope.
space’ means the region of space beyond low- tunity, consider mission proposals to evalu- (c) REVISED ESTIMATE.—Due to delays to
Earth orbit out to and including the region ate the potential of lunar polar volatiles to the James Webb Space Telescope project re-
around the surface of the Moon.’’. contribute to sustainable lunar exploration. sulting from the COVID–19 pandemic, the
SEC. 2629. TECHNICAL AMENDMENTS RELATING SEC. 2633. SEARCH FOR LIFE. Administrator shall provide to Congress—
TO ARTEMIS MISSIONS. (a) SENSE OF CONGRESS.—It is the sense of (1) an estimate of any increase to program
(a) Section 421 of the National Aeronautics Congress that— development costs, if such costs are antici-
and Space Administration Authorization Act (1) the report entitled ‘‘An Astrobiology pated to exceed $8,802,700,000; and
of 2017 (Public Law 115–10; 51 U.S.C. 20301 Strategy for the Search for Life in the Uni- (2) an estimate for a revised launch date.
note) is amended— verse’’ published by the National Academies SEC. 2635. NANCY GRACE ROMAN SPACE TELE-
(1) in subsection (c)(3)— of Sciences, Engineering, and Medicine out- SCOPE.
(A) by striking ‘‘EM–1’’ and inserting lines the key scientific questions and meth- (a) SENSE OF CONGRESS.—It is the sense of
‘‘Artemis I’’; ods for fulfilling the objective of NASA to Congress that—
(B) by striking ‘‘EM–2’’ and inserting search for the origin, evolution, distribution, (1) major growth in the cost of astro-
‘‘Artemis II’’; and and future of life in the universe; and physics flagship-class missions has impacted
(C) by striking ‘‘EM–3’’ and inserting (2) the interaction of lifeforms with their the overall portfolio balance of the Science
‘‘Artemis III’’; and environment, a central focus of astrobiology Mission Directorate; and
(2) in subsection (f)(3), by striking ‘‘EM–3’’ research, is a topic of broad significance to (2) the Administrator should continue to
and inserting ‘‘Artemis III’’. life sciences research in space and on Earth. develop the Nancy Grace Roman Space Tele-
(b) Section 432(b) of the National Aero- (b) PROGRAM CONTINUATION.— scope with a development cost of not more
nautics and Space Administration Author- (1) IN GENERAL.—The Administrator shall than $3,200,000,000.
ctelli on DSK11ZRN23PROD with SENATE
ization Act of 2017 (Public Law 115–10; 51 continue to implement a collaborative, mul- (b) PROJECT CONTINUATION.—The Adminis-
U.S.C. 20302 note) is amended— tidisciplinary science and technology devel- trator shall continue to develop the Nancy
(1) in paragraph (3)(D)— opment program to search for proof of the Grace Roman Space Telescope to meet the
(A) by striking ‘‘EM–1’’ and inserting existence or historical existence of life be- objectives outlined in the 2010 decadal survey
‘‘Artemis I’’; and yond Earth in support of the objective de- on astronomy and astrophysics of the Na-
(B) by striking ‘‘EM–2’’ and inserting scribed in section 20102(d)(10) of title 51, tional Academies of Sciences, Engineering,
‘‘Artemis II’’; and United States Code. and Medicine in a manner that maximizes
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1363
scientific productivity based on the re- (b) PROGRAM CONTINUATION.— (A) NASA cannot accomplish such goal
sources invested. (1) IN GENERAL.—In support of the goals de- with currently available assets;
SEC. 2636. STUDY ON SATELLITE SERVICING FOR scribed in section 20302 of title 51, United (B) NASA should develop and launch a
SCIENCE MISSIONS. States Code, the Administrator shall con- dedicated space-based infrared survey tele-
(a) IN GENERAL.—The Administrator shall tinue to implement a collaborative, multi- scope to meet the requirements of section
conduct a study on the feasibility of using disciplinary life science and physical science 321(d)(1) of the National Aeronautics and
in-space robotic refueling, repair, or refur- fundamental research program— Space Administration Authorization Act of
bishment capabilities to extend the useful (A) to build a scientific foundation for the 2005 (Public Law 109–155; 119 Stat. 2922; 51
life of telescopes and other science missions exploration and development of space; U.S.C. 71101 note prec.); and
that are operational or in development as of (B) to investigate the mechanisms of (C) the early detection of potentially haz-
the date of the enactment of this Act. changes to biological systems and physical ardous near-Earth objects enabled by a
(b) ELEMENTS.—The study conducted under systems, and the environments of those sys- space-based infrared survey telescope is im-
subsection (a) shall include the following: tems in space, including the effects of long- portant to enable deflection of a dangerous
(1) An identification of the technologies duration exposure to deep space-related envi- asteroid.
and in-space testing required to demonstrate ronmental factors on those systems; (b) ESTABLISHMENT OF PLANETARY DEFENSE
the in-space robotic refueling, repair, or re- (C) to understand the effects of combined COORDINATION OFFICE.—
furbishment capabilities described in that deep space radiation and altered gravity lev- (1) IN GENERAL.—Not later than 90 days
subsection. els on biological systems so as to inform the after the date of the enactment of this divi-
(2) The projected cost of using such capa- development and testing of potential coun- sion, the Administrator shall establish an of-
bilities, including the cost of extended oper- termeasures; fice within the Planetary Science Division of
ations for science missions described in that (D) to understand physical phenomena in the Science Mission Directorate, to be
subsection. reduced gravity that affect design and per- known as the ‘‘Planetary Defense Coordina-
(c) BRIEFING.—Not later than 1 year after formance of enabling technologies necessary tion Office’’, to plan, develop, and implement
the date of the enactment of this division, for the space exploration program; a program to survey threats posed by near-
the Administrator shall provide to the ap- (E) to provide scientific opportunities to Earth objects equal to or greater than 140
propriate committees of Congress a briefing educate, train, and develop the next genera- meters in diameter, as required by section
on the results of the study conducted under tion of researchers and engineers; and 321(d)(1) of the National Aeronautics and
subsection (a). (F) to provide state-of-the-art data reposi- Space Administration Authorization Act of
(d) PUBLIC AVAILABILITY.—Not later than tories and curation of large multi-data sets 2005 (Public Law 109–155; 119 Stat. 2922; 51
30 days after the Administrator provides the to enable comparative research analyses. U.S.C. 71101 note prec.).
briefing under subsection (c), the Adminis- (2) ELEMENTS.—The program under para- (2) ACTIVITIES.—The Administrator shall—
trator shall make the study conducted under graph (1) shall— (A) develop and, not later than September
subsection (a) available to the public. (A) include fundamental research relating 30, 2025, launch a space-based infrared survey
SEC. 2637. EARTH SCIENCE MISSIONS AND PRO- to life science, space bioscience, and physical telescope that is capable of detecting near-
GRAMS. science; and Earth objects equal to or greater than 140
(a) SENSE OF CONGRESS.—It is the sense of (B) maximize intra-agency and interagency meters in diameter, with preference given to
Congress that the Earth Science Division of partnerships to advance space exploration, planetary missions selected by the Adminis-
NASA plays an important role in national ef- scientific knowledge, and benefits to Earth. trator as of the date of the enactment of this
forts— (3) USE OF FACILITIES.—In carrying out the division to pursue concept design studies re-
(1) to collect and use Earth observations in program under paragraph (1), the Adminis- lating to the development of a space-based
service to society; and trator may use ground-based, air-based, and infrared survey telescope;
(2) to understand global change. space-based facilities in low-Earth orbit and (B) identify, track, and characterize poten-
(b) EARTH SCIENCE MISSIONS AND PRO- beyond low-Earth orbit. tially hazardous near-Earth objects and issue
GRAMS.—With respect to the missions and SEC. 2639. SCIENCE MISSIONS TO MARS. warnings of the effects of potential impacts
programs of the Earth Science Division, the (a) IN GENERAL.—The Administrator shall of such objects; and
Administrator shall, to the maximum extent conduct 1 or more science missions to Mars (C) assist in coordinating Government
practicable, follow the recommendations and to enable the selection of 1 or more sites for planning for response to a potential impact
guidance provided by the scientific commu- human landing. of a near-Earth object.
nity through the decadal survey for Earth (b) SAMPLE PROGRAM.—The Administrator (c) ANNUAL REPORT.—Section 321(f) of the
science and applications from space of the may carry out a program— National Aeronautics and Space Administra-
National Academies of Sciences, Engineer- (1) to collect samples from the surface of tion Authorization Act of 2005 (Public Law
ing, and Medicine, including— Mars; and 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note
(1) the science priorities described in such (2) to return such samples to Earth for sci- prec.) is amended to read as follows:
survey; entific analysis. ‘‘(f) ANNUAL REPORT.—Not later than 180
(2) the execution of the series of existing or (c) USE OF EXISTING CAPABILITIES AND AS- days after the date of the enactment of the
previously planned observations (commonly SETS.—In carrying out this section, the Ad- National Aeronautics and Space Administra-
known as the ‘‘program of record’’); and ministrator shall, to the maximum extent tion Authorization Act of 2021, and annually
(3) the development of a range of missions practicable, use existing capabilities and as- thereafter through 90-percent completion of
of all classes, including opportunities for sets of NASA centers. the catalogue required by subsection (d)(1),
principal investigator-led, competitively se- SEC. 2640. PLANETARY DEFENSE COORDINATION the Administrator shall submit to the Com-
lected missions. OFFICE. mittee on Commerce, Science, and Transpor-
SEC. 2638. LIFE SCIENCE AND PHYSICAL SCIENCE (a) FINDINGS.—Congress makes the fol- tation of the Senate and the Committee on
RESEARCH. lowing findings: Science, Space, and Technology of the House
(a) SENSE OF CONGRESS.—It is the sense of (1) Near-Earth objects remain a threat to of Representatives a report that includes the
Congress that— the United States. following:
(1) the 2011 decadal survey on biological (2) Section 321(d)(1) of the National Aero- ‘‘(1) A summary of all activities carried
and physical sciences in space identifies— nautics and Space Administration Author- out by the Planetary Defense Coordination
(A) many areas in which fundamental sci- ization Act of 2005 (Public Law 109–155; 119 Office established under section 2640(b)(1) of
entific research is needed to efficiently ad- Stat. 2922; 51 U.S.C. 71101 note prec.) estab- the National Aeronautics and Space Admin-
vance the range of human activities in space, lished a requirement that the Administrator istration Authorization Act of 2021 since the
from the first stages of exploration to even- plan, develop, and implement a Near-Earth date of enactment of that Act.
tual economic development; and Object Survey program to detect, track, ‘‘(2) A description of the progress with re-
(B) many areas of basic and applied sci- catalogue, and characterize the physical spect to the design, development, and launch
entific research that could use the micro- characteristics of near-Earth objects equal of the space-based infrared survey telescope
gravity, radiation, and other aspects of the to or greater than 140 meters in diameter in required by section 2640 (b)(2)(A) of the Na-
spaceflight environment to answer funda- order to assess the threat of such near-Earth tional Aeronautics and Space Administra-
mental scientific questions; objects to the Earth, with the goal of 90-per- tion Authorization Act of 2021.
(2) given the central role of life science and cent completion of the catalogue of such ‘‘(3) An assessment of the progress toward
physical science research in developing the near-Earth objects by December 30, 2020. meeting the requirements of subsection
future of space exploration, NASA should (3) The current planetary defense strategy (d)(1).
ctelli on DSK11ZRN23PROD with SENATE
continue to invest strategically in such re- of NASA acknowledges that such goal will ‘‘(4) A description of the status of efforts to
search to maintain United States leadership not be met. coordinate planetary defense activities in re-
in space exploration; and (4) The report of the National Academies of sponse to a threat posed by a near-Earth ob-
(3) such research remains important to the Sciences, Engineering, and Medicine entitled ject with other Federal agencies since the
objectives of NASA with respect to long-du- ‘‘Finding Hazardous Asteroids Using Infrared date of enactment of the National Aero-
ration deep space human exploration to the and Visible Wavelength Telescopes’’ issued nautics and Space Administration Author-
Moon and Mars. in 2019 states that— ization Act of 2021.
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S1364 CONGRESSIONAL RECORD — SENATE March 22, 2022
‘‘(5) A description of the status of efforts to (B) improving model development, data as- (1) developing high-risk, precompetitive
coordinate and cooperate with other coun- similation techniques, systems architecture aerospace technologies for which there is not
tries to discover hazardous asteroids and integration, and computational efficiencies; yet a profit rationale is a fundamental role
comets, plan a mitigation strategy, and im- and of NASA;
plement that strategy in the event of the (3) meets basic end-user requirements for (2) large-scale piloted flight test experi-
discovery of an object on a likely collision running on public computers and networks mentation and validation are necessary for—
course with Earth. located outside of secure Administration in- (A) transitioning new technologies and ma-
‘‘(6) A summary of expenditures for all ac- formation and technology systems. terials, including associated manufacturing
tivities carried out by the Planetary Defense (c) HOSTING.—The program under sub- processes, for general aviation, commercial
Coordination Office since the date of enact- section (b) shall use, as appropriate and cost- aviation, and military aeronautics use; and
ment of the National Aeronautics and Space effective, innovative strategies and methods (B) capturing the full extent of benefits
Administration Authorization Act of 2021.’’. for hosting and management of part or all of from investments made by the Aeronautics
(d) LIMITATION ON USE OF FUNDS.—None of the program, including cloud-based com- Research Mission Directorate in priority
the amounts authorized to be appropriated puting capabilities. programs called for in—
by this subtitle for a fiscal year may be obli- (d) RULE OF CONSTRUCTION.—Nothing in (i) the National Aeronautics Research and
gated or expended for the Office of the Ad- this section shall be interpreted to require Development Plan issued by the National
ministrator during the last 3 months of that the Administrator to release classified, pro- Science and Technology Council in February
fiscal year unless the Administrator submits prietary, or otherwise restricted information 2010;
the report for that fiscal year required by that would be harmful to the national secu- (ii) the NASA 2014 Strategic Plan;
section 321(f) of the National Aeronautics rity of the United States. (iii) the Aeronautics Strategic Implemen-
and Space Administration Authorization Act SEC. 2643. SENSE OF CONGRESS ON SMALL SAT- tation Plan; and
of 2005 (Public Law 109–155; 119 Stat. 2922; 51 ELLITE SCIENCE. (iv) any updates to the programs called for
U.S.C. 71101 note prec.). It is the sense of Congress that— in the plans described in clauses (i) through
(e) NEAR-EARTH OBJECT DEFINED.—In this (1) small satellites— (iii);
section, the term ‘‘near-Earth object’’ means (A) are increasingly robust, effective, and (3) a level of funding that adequately sup-
an asteroid or comet with a perihelion dis- affordable platforms for carrying out space ports large-scale piloted flight test experi-
tance of less than 1.3 Astronomical Units science missions; mentation and validation, including related
from the Sun. (B) can work in tandem with or augment infrastructure, should be ensured over a sus-
SEC. 2641. SUBORBITAL SCIENCE FLIGHTS. larger NASA spacecraft to support high-pri- tained period of time to restore the capacity
(a) SENSE OF CONGRESS.—It is the sense of ority science missions of NASA; and of NASA—
Congress that commercially available sub- (C) are cost effective solutions that may (A) to see legacy priority programs
orbital flight platforms enable low-cost ac- allow NASA to continue collecting legacy through to completion; and
cess to a microgravity environment to ad- observations while developing next-genera- (B) to achieve national economic and secu-
vance science and train scientists and engi- tion science missions; and rity objectives; and
neers under the Suborbital Research Pro- (2) NASA should continue to support small (4) NASA should not be directly involved in
gram established under section 802(c) of the satellite research, development, tech- the Type Certification of aircraft for current
National Aeronautics and Space Administra- nologies, and programs, including tech- and future scheduled commercial air service
tion Authorization Act of 2010 (42 U.S.C. nologies for compact and lightweight instru- under part 121 or 135 of title 14, Code of Fed-
18382(c)). mentation for small satellites. eral Regulations, that would result in reduc-
(b) REPORT.— SEC. 2644. SENSE OF CONGRESS ON COMMERCIAL tions in crew augmentation or single pilot or
(1) IN GENERAL.—Not later than 270 days SPACE SERVICES. autonomously operated aircraft.
after the date of the enactment of this divi- It is the sense of Congress that—
sion, the Administrator shall submit to the (b) STATEMENT OF POLICY.—It is the policy
(1) the Administration should explore part- of the United States—
appropriate committees of Congress a report nerships with the commercial space industry
evaluating the manner in which suborbital (1) to maintain world leadership in—
for space science missions in and beyond (A) military and civilian aeronautical
flight platforms can contribute to meeting Earth orbit, including partnerships relating
the science objectives of NASA for the science and technology;
to payload and instrument hosting and com- (B) global air power projection; and
Science Mission Directorate and the Human mercially available datasets; and
Exploration and Operations Mission Direc- (C) aerospace industrialization; and
(2) such partnerships could result in in- (2) to maintain as a fundamental objective
torate. creased mission cadence, technology ad-
(2) CONTENTS.—The report required by of NASA aeronautics research the steady
vancement, and cost savings for the Admin- progression and expansion of flight research
paragraph (1) shall include the following: istration.
(A) An assessment of the advantages of and capabilities, including the science and
SEC. 2645. PROCEDURES FOR IDENTIFYING AND technology of critical underlying disciplines
suborbital flight platforms to meet science ADDRESSING ALLEGED VIOLATIONS
objectives. and competencies, such as—
OF SCIENTIFIC INTEGRITY POLICY.
(B) An evaluation of the challenges to (A) computational-based analytical and
Not later than 180 days after the date of
greater use of commercial suborbital flight predictive tools and methodologies;
the enactment of this division, the Adminis-
platforms for science purposes. (B) aerothermodynamics;
trator shall develop and document proce-
(C) An analysis of whether commercial (C) propulsion;
dures for identifying and addressing alleged
suborbital flight platforms can provide low- (D) advanced materials and manufacturing
violations of the scientific integrity policy
cost flight opportunities to test lunar and processes;
of NASA.
Mars science payloads. (E) high-temperature structures and mate-
PART IV—AERONAUTICS rials; and
SEC. 2642. EARTH SCIENCE DATA AND OBSERVA-
TIONS. SEC. 2646. SHORT TITLE. (F) guidance, navigation, and flight con-
(a) IN GENERAL.—The Administrator shall This part may be cited as the ‘‘Aeronautics trols.
to the maximum extent practicable, make Innovation Act’’. (c) ESTABLISHMENT AND CONTINUATION OF X-
available to the public in an easily accessible SEC. 2647. DEFINITIONS. PLANE PROJECTS.—
electronic database all data (including In this part: (1) IN GENERAL.—The Administrator shall
metadata, documentation, models, data (1) AERONAUTICS STRATEGIC IMPLEMENTA- establish or continue to implement, in a
processing methods, images, and research re- TION PLAN.—The term ‘‘Aeronautics Stra- manner that is consistent with the roadmap
sults) of the missions and programs of the tegic Implementation Plan’’ means the Aero- for supersonic aeronautics research and de-
Earth Science Division of the Administra- nautics Strategic Implementation Plan velopment required by section 604(b) of the
tion, or any successor division. issued by the Aeronautics Research Mission National Aeronautics and Space Administra-
(b) OPEN DATA PROGRAM.—In carrying out Directorate. tion Transition Authorization Act of 2017
subsection (a), the Administrator shall es- (2) UNMANNED AIRCRAFT; UNMANNED AIR- (Public Law 115–10; 131 Stat. 55), the fol-
tablish and continue to operate an open data CRAFT SYSTEM.—The terms ‘‘unmanned air- lowing projects:
program that— craft’’ and ‘‘unmanned aircraft system’’ have (A) A low-boom supersonic aircraft project
(1) is consistent with the greatest degree of the meanings given those terms in section to demonstrate supersonic aircraft designs
interactivity, interoperability, and accessi- 44801 of title 49, United States Code. and technologies that—
bility; and (3) X-PLANE.—The term ‘‘X-plane’’ means (i) reduce sonic boom noise; and
(2) enables outside communities, including an experimental aircraft that is— (ii) assist the Administrator of the Federal
ctelli on DSK11ZRN23PROD with SENATE
the research and applications community, (A) used to test and evaluate a new tech- Aviation Administration in enabling—
private industry, academia, and the general nology or aerodynamic concept; and (I) the safe commercial deployment of civil
public, to effectively collaborate in areas im- (B) operated by NASA or the Department supersonic aircraft technology; and
portant to— of Defense. (II) the safe and efficient operation of civil
(A) studying the Earth system and improv- SEC. 2648. EXPERIMENTAL AIRCRAFT PROJECTS. supersonic aircraft.
ing the prediction of Earth system change; (a) SENSE OF CONGRESS.—It is the sense of (B) A subsonic flight demonstrator aircraft
and Congress that— project to advance high-aspect-ratio, thin-
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1365
wing aircraft designs and to integrate pro- Composites Consortium of NASA, the Joint (B) advanced aircraft systems;
pulsion, composites, and other technologies Advanced Materials and Structures Center of (C) air traffic management systems;
that enable significant increases in energy Excellence of the Federal Aviation Adminis- (D) fuel efficiency;
efficiency and reduced life-cycle emissions in tration, the Manufacturing USA institutes of (E) electric propulsion technologies;
the aviation system while reducing noise and the Department of Commerce, and national (F) system-wide safety assurance;
emissions. laboratories, as the Administrator considers (G) autonomous aviation; and
(C) A series of large-scale X-plane dem- appropriate; (H) supersonic and hypersonic aircraft de-
onstrators that are— (C) provide a structure for managing intel- sign and development.
(i) developed sequentially or in parallel; lectual property generated by the program (2) Any measures the Administrator con-
and based on or consistent with the structure es- siders necessary to support flight testing ac-
(ii) each based on a set of new configura- tablished for the Advanced Composites Con- tivities, including—
tion concepts or technologies determined by sortium of NASA; (A) continuous refinement and develop-
the Administrator to demonstrate— (D) ensure adequate Federal cost share for ment of free-flight test techniques and meth-
(I) aircraft and propulsion concepts and applicable research; and odologies;
technologies and related advances in alter- (E) coordinate with advanced manufac- (B) upgrades and improvements to real-
native propulsion and energy; and turing and composites initiatives in other time tracking and data acquisition; and
(II) flight propulsion concepts and tech- mission directorates of NASA, as the Admin- (C) such other measures relating to aero-
nologies. istrator considers appropriate. nautics research support and modernization
(2) ELEMENTS.—For each project under (e) RESEARCH PARTNERSHIPS.—In carrying as the Administrator considers appropriate
paragraph (1), the Administrator shall— out the projects under subsection (c) and a to carry out the scientific study of the prob-
(A) include the development of X-planes program under subsection (d), the Adminis- lems of flight, with a view to practical solu-
and all necessary supporting flight test as- trator may engage in cooperative research tions for such problems.
sets; programs with— SEC. 2651. SENSE OF CONGRESS ON ON-DEMAND
(B) pursue a robust technology maturation (1) academia; and AIR TRANSPORTATION.
and flight test validation effort; (2) commercial aviation and aerospace It is the sense of Congress that—
(C) improve necessary facilities, flight manufacturers. (1) greater use of high-speed air transpor-
testing capabilities, and computational tools tation, small airports, helipads, vertical
SEC. 2649. UNMANNED AIRCRAFT SYSTEMS.
to support the project; flight infrastructure, and other aviation-re-
(a) UNMANNED AIRCRAFT SYSTEMS OPER- lated infrastructure can alleviate surface
(D) award any primary contracts for de-
ATION PROGRAM.—The Administrator shall—
sign, procurement, and manufacturing to transportation congestion and support eco-
(1) research and test capabilities and con- nomic growth within cities;
United States persons, consistent with inter-
cepts, including unmanned aircraft systems (2) with respect to urban air mobility and
national obligations and commitments;
(E) coordinate research and flight test communications, for integrating unmanned related concepts, NASA should continue—
demonstration activities with other Federal aircraft systems into the national airspace (A) to conduct research focused on con-
agencies and the United States aviation system; cepts, technologies, and design tools; and
community, as the Administrator considers (2) leverage the partnership NASA has with (B) to support the evaluation of advanced
appropriate; and industry focused on the advancement of technologies and operational concepts that
(F) ensure that the project is aligned with technologies for future air traffic manage- can be leveraged by—
the Aeronautics Strategic Implementation ment systems for unmanned aircraft sys- (i) industry to develop future vehicles and
Plan and any updates to the Aeronautics tems; and systems; and
Strategic Implementation Plan. (3) continue to align the research and test- (ii) the Federal Aviation Administration to
(3) UNITED STATES PERSON DEFINED.—In this ing portfolio of NASA to inform the integra- support vehicle safety and operational cer-
subsection, the term ‘‘United States person’’ tion of unmanned aircraft systems into the tification; and
means— national airspace system, consistent with (3) NASA should leverage ongoing efforts
(A) a United States citizen or an alien law- public safety and national security objec- to develop advanced technologies to actively
fully admitted for permanent residence to tives. support the research needed for on-demand
the United States; or (b) SENSE OF CONGRESS ON COORDINATION air transportation.
(B) an entity organized under the laws of WITH FEDERAL AVIATION ADMINISTRATION.—It SEC. 2652. SENSE OF CONGRESS ON HYPERSONIC
the United States or of any jurisdiction is the sense of Congress that— TECHNOLOGY RESEARCH.
within the United States, including a foreign (1) NASA should continue— It is the sense of Congress that—
branch of such an entity. (A) to coordinate with the Federal Avia- (1) hypersonic technology is critical to the
(d) ADVANCED MATERIALS AND MANUFAC- tion Administration on research on air traf- development of advanced high-speed aero-
TURING TECHNOLOGY PROGRAM.— fic management systems for unmanned air- space vehicles for both civilian and national
(1) IN GENERAL.—The Administrator may craft systems; and security purposes;
establish an advanced materials and manu- (B) to assist the Federal Aviation Adminis- (2) for hypersonic vehicles to be realized,
facturing technology program— tration in the integration of air traffic man- research is needed to overcome technical
(A) to develop— agement systems for unmanned aircraft sys- challenges, including in propulsion, ad-
(i) new materials, including composite and tems into the national airspace system; and vanced materials, and flight performance in
high-temperature materials, from base mate- (2) the test ranges (as defined in section a severe environment;
rial formulation through full-scale struc- 44801 of title 49, United States Code) should (3) NASA plays a critical role in supporting
tural validation and manufacture; continue to be leveraged for research on— fundamental hypersonic research focused on
(ii) advanced materials and manufacturing (A) air traffic management systems for un- system design, analysis and validation, and
processes, including additive manufacturing, manned aircraft systems; and propulsion technologies;
to reduce the cost of manufacturing scale-up (B) the integration of such systems into (4) NASA research efforts in hypersonic
and certification for use in general aviation, the national airspace system. technology should complement research sup-
commercial aviation, and military aero- SEC. 2650. 21ST CENTURY AERONAUTICS CAPA- ported by the Department of Defense to the
nautics; and BILITIES INITIATIVE. maximum extent practicable, since contribu-
(iii) noninvasive or nondestructive tech- (a) IN GENERAL.—The Administrator may tions from both agencies working in partner-
niques for testing or evaluating aviation and establish an initiative, to be known as the ship with universities and industry are nec-
aeronautics structures, including for mate- ‘‘21st Century Aeronautics Capabilities Ini- essary to overcome key technical challenges;
rials and manufacturing processes; tiative’’, within the Construction and Envi- (5) previous coordinated research programs
(B) to reduce the time it takes to design, ronmental Compliance and Restoration Ac- between NASA and the Department of De-
industrialize, and certify advanced materials count, to ensure that NASA possesses the in- fense enabled important progress on
and manufacturing processes; frastructure and capabilities necessary to hypersonic technology;
(C) to provide education and training op- conduct proposed flight demonstration (6) the commercial sector could provide
portunities for the aerospace workforce; and projects across the range of NASA aero- flight platforms and other capabilities that
(D) to address global cost and human cap- nautics interests. are able to host and support NASA
ital competitiveness for United States aero- (b) ACTIVITIES.—In carrying out the 21st hypersonic technology research projects; and
nautical industries and technological leader- Century Aeronautics Capabilities Initiative, (7) in carrying out hypersonic technology
ship in advanced materials and manufac- the Administrator may carry out the fol- research projects, the Administrator
turing technology. lowing activities: should—
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(2) ELEMENTS.—In carrying out a program (1) Any investments the Administrator (A) focus research and development efforts
under paragraph (1), the Administrator considers necessary to upgrade and create fa- on high-speed propulsion systems, reusable
shall— cilities for civil and national security aero- vehicle technologies, high-temperature ma-
(A) build on work that was carried out by nautics research to support advancements terials, and systems analysis;
the Advanced Composites Project of NASA; in— (B) coordinate with the Department of De-
(B) partner with the private and academic (A) long-term foundational science and fense to prevent duplication of efforts and of
sectors, such as members of the Advanced technology; investments;
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S1366 CONGRESSIONAL RECORD — SENATE March 22, 2022
(C) include partnerships with universities (3) deorbiting capabilities designed specifi- (4) as part of United States efforts to limit
and industry to accomplish research goals; cally for smaller spacecraft. international use of highly enriched ura-
and (b) ACCOMMODATION OF CERTAIN PAY- nium, the United States has actively pur-
(D) maximize public-private use of com- LOADS.—In carrying out the Small Space- sued—
mercially available platforms for hosting re- craft Technology Program, the Adminis- (A) since 1978, the conversion of domestic
search and development flight projects. trator shall, as the mission risk posture and and foreign research reactors that use highly
PART V—SPACE TECHNOLOGY technology development objectives allow, ac- enriched uranium fuel to low-enriched ura-
SEC. 2653. SPACE TECHNOLOGY MISSION DIREC-
commodate science payloads that further the nium fuel and the avoidance of any new re-
TORATE. goal of long-term human exploration to the search reactors that use highly enriched ura-
(a) SENSE OF CONGRESS.—It is the sense of Moon and Mars. nium fuel; and
Congress that an independent Space Tech- SEC. 2656. NUCLEAR PROPULSION TECHNOLOGY. (B) since 1994, the elimination of inter-
nology Mission Directorate is critical to en- (a) SENSE OF CONGRESS.—It is the sense of national commerce in highly enriched ura-
suring continued investments in the develop- Congress that nuclear propulsion is critical nium for civilian purposes; and
ment of technologies for missions across the to the development of advanced spacecraft (5) the use of low-enriched uranium in
portfolio of NASA, including science, aero- for civilian and national defense purposes. place of highly enriched uranium has secu-
nautics, and human exploration. (b) DEVELOPMENT; STUDIES.—The Adminis- rity, nonproliferation, and economic bene-
(b) SPACE TECHNOLOGY MISSION DIREC- trator shall, in coordination with the Sec- fits, including for the national space pro-
TORATE.—The Administrator shall maintain retary of Energy and the Secretary of De- gram.
a Space Technology Mission Directorate con- fense— (b) PRIORITIZATION OF LOW-ENRICHED URA-
sistent with section 702 of the National Aero- (1) continue to develop the fuel element de- NIUM TECHNOLOGY.—The Administrator
nautics and Space Administration Transi- sign for NASA nuclear propulsion tech- shall—
tion Authorization Act of 2017 (51 U.S.C. nology; (1) establish, within the Space Technology
20301 note). (2) undertake the systems feasibility stud- Mission Directorate, a program for the re-
SEC. 2654. FLIGHT OPPORTUNITIES PROGRAM. ies for such technology; and search, testing, and development of in-space
(a) SENSE OF CONGRESS.—It is the sense of (3) partner with members of commercial reactor designs, including a surface power re-
Congress that the Administrator should pro- industry to conduct studies on such tech- actor, that uses low-enriched uranium fuel;
vide flight opportunities for payloads to nology. and
microgravity environments and suborbital (c) NUCLEAR PROPULSION TECHNOLOGY DEM- (2) prioritize the research, demonstration,
altitudes as required by section 907(c) of the ONSTRATION.— and deployment of such designs over designs
National Aeronautics and Space Administra- (1) DETERMINATION; REPORT.—Not later using highly enriched uranium fuel.
tion Authorization Act of 2010 (42 U.S.C. than December 31, 2022, the Administrator (c) REPORT ON NUCLEAR TECHNOLOGY
18405(c)), as amended by subsection (b). shall— PRIORITIZATION.—Not later than 120 days
(b) ESTABLISHMENT.—Section 907(c) of the (A) determine the correct approach for after the date of the enactment of this divi-
National Aeronautics and Space Administra- conducting a flight demonstration of nuclear sion, the Administrator shall submit to the
tion Authorization Act of 2010 (42 U.S.C. propulsion technology; and appropriate committees of Congress a report
18405(c)) is amended to read as follows: (B) submit to Congress a report on a plan that—
‘‘(c) ESTABLISHMENT.— for such a demonstration. (1) details the actions taken to implement
‘‘(1) IN GENERAL.—The Administrator shall (2) DEMONSTRATION.—Not later than De- subsection (b); and
establish a Commercial Reusable Suborbital cember 31, 2026, the Administrator shall con- (2) identifies a plan and timeline under
Research Program within the Space Tech- duct the flight demonstration described in which such subsection will be implemented.
nology Mission Directorate to fund— paragraph (1). (d) DEFINITIONS.—In this section:
‘‘(A) the development of payloads for sci- SEC. 2657. MARS-FORWARD TECHNOLOGIES. (1) HIGHLY ENRICHED URANIUM.—The term
entific research, technology development, (a) SENSE OF CONGRESS.—It is the sense of ‘‘highly enriched uranium’’ means uranium
and education; Congress that the Administrator should pur- having an assay of 20 percent or greater of
‘‘(B) flight opportunities for those payloads sue multiple technical paths for entry, de- the uranium-235 isotope.
to microgravity environments and suborbital scent, and landing for Mars, including com- (2) LOW-ENRICHED URANIUM.—The term
altitudes; and petitively selected technology demonstra- ‘‘low-enriched uranium’’ means uranium
‘‘(C) transition of those payloads to orbital tion missions. having an assay greater than the assay for
opportunities. (b) PRIORITIZATION OF LONG-LEAD TECH- natural uranium but less than 20 percent of
‘‘(2) COMMERCIAL REUSABLE VEHICLE NOLOGIES AND SYSTEMS.—The Administrator the uranium-235 isotope.
FLIGHTS.—In carrying out the Commercial shall prioritize, within the Space Technology SEC. 2659. SENSE OF CONGRESS ON NEXT-GEN-
Reusable Suborbital Research Program, the Mission Directorate, research, testing, and ERATION COMMUNICATIONS TECH-
development of long-lead technologies and NOLOGY.
Administrator may fund engineering and in-
tegration demonstrations, proofs of concept, systems for Mars, including technologies and It is the sense of Congress that—
and educational experiments for flights of systems relating to— (1) optical communications technologies—
commercial reusable vehicles. (1) entry, descent, and landing; and (A) will be critical to the development of
‘‘(3) COMMERCIAL SUBORBITAL LAUNCH VEHI- (2) in-space propulsion, including nuclear next-generation space-based communica-
CLES.—In carrying out the Commercial Reus- propulsion, cryogenic fluid management, in- tions networks;
able Suborbital Research Program, the Ad- situ large-scale additive manufacturing, and (B) have the potential to allow NASA to
ministrator may not fund the development electric propulsion (including solar electric expand the volume of data transmissions in
of new commercial suborbital launch vehi- propulsion leveraging lessons learned from low-Earth orbit and deep space; and
cles. the power and propulsion element of the (C) may provide more secure and cost-ef-
‘‘(4) WORKING WITH MISSION DIREC- lunar outpost) options. fective solutions than current radio fre-
TORATES.—In carrying out the Commercial (c) TECHNOLOGY DEMONSTRATION.—The Ad- quency communications systems;
Reusable Suborbital Research Program, the ministrator may use low-Earth orbit and cis- (2) quantum encryption technology has
Administrator shall work with the mission lunar missions, including missions to the promising implications for the security of
directorates of NASA to achieve the re- lunar surface, to demonstrate technologies the satellite and terrestrial communications
search, technology, and education goals of for Mars. networks of the United States, including op-
NASA.’’. SEC. 2658. PRIORITIZATION OF LOW-ENRICHED tical communications networks, and further
(c) CONFORMING AMENDMENT.—Section URANIUM TECHNOLOGY. research and development by NASA with re-
907(b) of the National Aeronautics and Space (a) SENSE OF CONGRESS.—It is the sense of spect to quantum encryption is essential to
Administration Authorization Act of 2010 (42 Congress that— maintaining the security of the United
U.S.C. 18405(b)) is amended, in the first sen- (1) space technology, including nuclear States and United States leadership in space;
tence, by striking ‘‘Commercial Reusable propulsion technology and space surface and
Suborbital Research Program in’’ and insert- power reactors, should be developed in a (3) in order to provide NASA with more se-
ing ‘‘Commercial Reusable Suborbital Re- manner consistent with broader United cure and reliable space-based communica-
search Program established under subsection States foreign policy, national defense, and tions, the Space Communications and Navi-
(c)(1) within’’. space exploration and commercialization pri- gation program office of NASA should con-
SEC. 2655. SMALL SPACECRAFT TECHNOLOGY orities; tinue—
PROGRAM. (2) highly enriched uranium presents secu- (A) to support research on and develop-
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(a) SENSE OF CONGRESS.—It is the sense of rity and nuclear nonproliferation concerns; ment of optical communications; and
Congress that the Small Spacecraft Tech- (3) since 1977, based on the concerns associ- (B) to develop quantum encryption capa-
nology Program is important for conducting ated with highly enriched uranium, the bilities, especially as those capabilities
science and technology validation for— United States has promoted the use of low- apply to optical communications networks.
(1) short- and long-duration missions in enriched uranium over highly enriched ura- SEC. 2660. LUNAR SURFACE TECHNOLOGIES.
low-Earth orbit; nium in nonmilitary contexts, including re- (a) SENSE OF CONGRESS.—It is the sense of
(2) deep space missions; and search and commercial applications; Congress that the Administrator should—
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1367
(1) identify and develop the technologies and informal STEM education engagement to advance’’ and inserting ‘‘comprised of
needed to live on and explore the lunar sur- activities within the Office of NASA STEM members of universities in each State and
face and prepare for future operations on Engagement and other NASA directorates, other entities, such as 2-year colleges, indus-
Mars; including— tries, science learning centers, museums, and
(2) convene teams of experts from aca- (1) the Established Program to Stimulate government entities, to advance’’.
demia, industry, and government to shape Competitive Research; (b) DEFINITIONS.—Section 40302 of title 51,
the technology development priorities of the (2) the Minority University Research and United States Code, is amended—
Administration for lunar surface exploration Education Project; and (1) by striking paragraph (3);
and habitation; and (3) the National Space Grant College and (2) by inserting after paragraph (2) the fol-
(3) establish partnerships with researchers, Fellowship Program. lowing:
universities, and the private sector to rap- (b) LEVERAGING NASA NATIONAL PROGRAMS ‘‘(3) LEAD INSTITUTION.—The term ‘lead in-
idly develop and deploy technologies re- TO PROMOTE STEM EDUCATION.—The Admin- stitution’ means an entity in a State that—
quired for successful lunar surface explo- istrator, in partnership with museums, non- ‘‘(A) was designated by the Administrator
ration. profit organizations, and commercial enti- under section 40306, as in effect on the day
(b) DEVELOPMENT AND DEMONSTRATION.— ties, shall, to the maximum extent prac- before the date of the enactment of the Na-
The Administrator shall carry out a pro- ticable, leverage human spaceflight mis- tional Aeronautics and Space Administra-
gram, within the Space Technology Mission sions, Deep Space Exploration Systems (in- tion Authorization Act of 2021; or
Directorate, to conduct technology develop- cluding the Space Launch System, Orion, ‘‘(B) is designated by the Administrator
ment and demonstrations to enable human and Exploration Ground Systems), and under section 40303(d)(3).’’;
and robotic exploration on the lunar surface. NASA science programs to engage students
(c) RESEARCH CONSORTIUM.—The Adminis- (3) in paragraph (4), by striking ‘‘space
at the kindergarten through grade 12 and grant college, space grant regional consor-
trator shall establish a consortium con-
higher education levels to pursue learning tium, institution of higher education,’’ and
sisting of experts from academia, industry,
and government— and career opportunities in STEM fields. inserting ‘‘lead institution, space grant con-
(1) to assist the Administrator in devel- (c) BRIEFING.—Not later than 1 year after sortium,’’;
oping a cohesive, executable strategy for the the date of the enactment of this division, (4) by striking paragraphs (6), (7), and (8);
development and deployment of technologies the Administrator shall brief the appropriate (5) by inserting after paragraph (5) the fol-
required for successful lunar surface explo- committees of Congress on— lowing:
ration; and (1) the status of the programs described in ‘‘(6) SPACE GRANT CONSORTIUM.—The term
(2) to identify specific technologies relat- subsection (a); and ‘space grant consortium’ means a State-wide
ing to lunar surface exploration that— (2) the manner by which each NASA STEM group, led by a lead institution, that has es-
(A) should be developed to facilitate such education engagement activity is organized tablished partnerships with other academic
exploration; or and funded. institutions, industries, science learning
(B) require future research and develop- (d) STEM EDUCATION DEFINED.—In this sec- centers, museums, and government entities
ment. tion, the term ‘‘STEM education’’ has the to promote a strong educational base in the
(d) RESEARCH AWARDS.— meaning given the term in section 2 of the space and aeronautical sciences.’’;
(1) IN GENERAL.—The Administrator may STEM Education Act of 2015 (Public Law 114– (6) by redesignating paragraph (9) as para-
task any member of the research consortium 59; 42 U.S.C. 6621 note). graph (7);
established under subsection (c) with con- SEC. 2663. SKILLED TECHNICAL EDUCATION OUT- (7) in paragraph (7)(B), as so redesignated,
ducting research and development with re- REACH PROGRAM. by inserting ‘‘and aeronautics’’ after
spect to a technology identified under para- (a) ESTABLISHMENT.—The Administrator ‘‘space’’;
graph (2) of that subsection. shall establish a program to conduct out- (8) by striking paragraph (10); and
(2) STANDARD PROCESS FOR ARRANGE- reach to secondary school students— (9) by adding at the end the following:
MENTS.— (1) to expose students to careers that re- ‘‘(8) STEM.—The term ‘STEM’ means
(A) IN GENERAL.—The Administrator shall quire career and technical education; and science, technology, engineering, and mathe-
develop a standard process by which a con- (2) to encourage students to pursue careers matics.’’.
sortium member tasked with research and that require career and technical education. (c) PROGRAM OBJECTIVE.—Section 40303 of
development under paragraph (1) may enter (b) OUTREACH PLAN.—Not later than 180 title 51, United States Code, is amended—
into a formal arrangement with the Admin- days after the date of the enactment of this (1) by striking subsections (d) and (e);
istrator to carry out such research and de- division, the Administrator shall submit to (2) by redesignating subsection (c) as sub-
velopment, such as an arrangement under the appropriate committees of Congress a re- section (e); and
section 2666 or 2667. port on the outreach program under sub- (3) by striking subsection (b) and inserting
(B) REPORT.—Not later than 120 days after section (a) that includes— the following:
the date of the enactment of this division, (1) an implementation plan; ‘‘(b) PROGRAM OBJECTIVE.—
the Administrator shall submit to the appro- (2) a description of the resources needed to ‘‘(1) IN GENERAL.—The Administrator shall
priate committees of Congress a report on carry out the program; and carry out the national space grant college
the one or more types of arrangement the (3) any recommendations on expanding and fellowship program with the objective of
Administrator intends to enter into under outreach to secondary school students inter- providing hands-on research, training, and
this subsection. ested in skilled technical occupations. education programs with measurable out-
PART VI—STEM ENGAGEMENT (c) SYSTEMS OBSERVATION.— comes in each State, including programs to
SEC. 2661. SENSE OF CONGRESS. (1) IN GENERAL.—The Administrator shall provide—
It is the sense of Congress that— develop a program and associated policies to ‘‘(A) internships, fellowships, and scholar-
(1) NASA serves as a source of inspiration allow students from accredited educational ships;
to the people of the United States; and institutions to view the manufacturing, as- ‘‘(B) interdisciplinary hands-on mission
(2) NASA is uniquely positioned to help in- sembly, and testing of NASA-funded space programs and design projects;
crease student interest in science, tech- and aeronautical systems, as the Adminis- ‘‘(C) student internships with industry or
nology, engineering, and math; trator considers appropriate. university researchers or at centers of the
(3) engaging students, and providing hands- (2) CONSIDERATIONS.—In developing the Administration;
on experience at an early age, in science, program and policies under paragraph (1), ‘‘(D) faculty and curriculum development
technology, engineering, and math are im- the Administrator shall take into consider- initiatives;
portant aspects of ensuring and promoting ation factors such as workplace safety, mis- ‘‘(E) university-based research initiatives
United States leadership in innovation; and sion needs, and the protection of sensitive relating to the Administration and the
(4) NASA should strive to leverage its and proprietary technologies. STEM workforce needs of each State; or
unique position— SEC. 2664. NATIONAL SPACE GRANT COLLEGE ‘‘(F) STEM engagement programs for kin-
(A) to increase kindergarten through grade AND FELLOWSHIP PROGRAM. dergarten through grade 12 teachers and stu-
12 involvement in NASA projects; (a) PURPOSES.—Section 40301 of title 51, dents.
(B) to enhance higher education in STEM United States Code, is amended— ‘‘(2) PROGRAM PRIORITIES.—In carrying out
fields in the United States; (1) in paragraph (3)— the objective described in paragraph (1), the
(C) to support individuals who are under- (A) in subparagraph (B), by striking ‘‘and’’ Administrator shall ensure that each pro-
represented in science, technology, engineer- at the end; gram carried out by a space grant consor-
ing, and math fields, such as women, minori- (B) in subparagraph (C), by adding ‘‘and’’ tium under the national space grant college
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ties, and individuals in rural areas; and after the semicolon at the end; and and fellowship program balances the fol-
(D) to provide flight opportunities for stu- (C) by adding at the end the following: lowing priorities:
dent experiments and investigations. ‘‘(D) promote equally the State and re- ‘‘(A) The space and aeronautics research
SEC. 2662. STEM EDUCATION ENGAGEMENT AC- gional STEM interests of each space grant needs of the Administration, including the
TIVITIES. consortium;’’; and mission directorates.
(a) IN GENERAL.—The Administrator shall (2) in paragraph (4), by striking ‘‘made up ‘‘(B) The need to develop a national STEM
continue to provide opportunities for formal of university and industry members, in order workforce.
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S1368 CONGRESSIONAL RECORD — SENATE March 22, 2022
‘‘(C) The STEM workforce needs of the ‘‘(i) The 52 eligible space grant consortia (1) by striking sections 40305 through 40308,
State. shall each receive an equal share. 40310, and 40311; and
‘‘(c) PROGRAM ADMINISTERED THROUGH ‘‘(ii) The territories of Guam and the (2) by redesignating section 40309 as section
SPACE GRANT CONSORTIA.—The Adminis- United States Virgin Islands shall each re- 40305.
trator shall carry out the national space ceive funds equal to approximately 1⁄5 of the (f) CONFORMING AMENDMENT.—The table of
grant college and fellowship program share for each eligible space grant consortia. sections at the beginning of chapter 403 of
through the space grant consortia. ‘‘(B) MATCHING REQUIREMENT.—Each eligi- title 51, United States Code, is amended by
‘‘(d) SUSPENSION; TERMINATION; NEW COM- ble space grant consortium shall match the striking the items relating to sections 40304
PETITION.— funds allocated under subparagraph (A)(i) on through 40311 and inserting the following:
‘‘(1) SUSPENSION.—The Administrator may, a basis of not less than 1 non-Federal dollar
‘‘40304. Grants.
for cause and after an opportunity for hear- for every 1 Federal dollar, except that any
‘‘40305. Availability of other Federal per-
ing, suspend a lead institution that was des- program funded under paragraph (3) or any
sonnel and data.’’.
ignated by the Administrator under section program to carry out 1 or more internships
40306, as in effect on the day before the date or fellowships shall not be subject to that PART VII—WORKFORCE AND INDUSTRIAL
of the enactment of the National Aero- matching requirement. BASE
nautics and Space Administration Author- ‘‘(2) PROGRAM ADMINISTRATION.— SEC. 2665. APPOINTMENT AND COMPENSATION
ization Act of 2021. ‘‘(A) IN GENERAL.—Of the funds made avail- PILOT PROGRAM.
‘‘(2) TERMINATION.—If the issue resulting in able each fiscal year for the national space (a) DEFINITION OF COVERED PROVISIONS.—In
a suspension under paragraph (1) is not re- grant college and fellowship program, the this section, the term ‘‘covered provisions’’
solved within a period determined by the Ad- Administrator shall allocate not more than means the provisions of title 5, United States
ministrator, the Administrator may termi- 10 percent for the administration of the pro- Code, other than—
nate the designation of the entity as a lead gram. (1) section 2301 of that title;
institution. ‘‘(B) COSTS COVERED.—The funds allocated (2) section 2302 of that title;
‘‘(3) NEW COMPETITION.—If the Adminis- under subparagraph (A) shall cover all costs (3) chapter 71 of that title;
trator terminates the designation of an enti- of the Administration associated with the (4) section 7204 of that title; and
ty as a lead institution, the Administrator administration of the national space grant (5) chapter 73 of that title.
may initiate a new competition in the appli- college and fellowship program, including— (b) ESTABLISHMENT.—There is established a
cable State for the designation of a lead in- ‘‘(i) direct costs of the program, including 3-year pilot program under which, notwith-
stitution.’’. costs relating to support services and civil standing section 20113 of title 51, United
(d) GRANTS.—Section 40304 of title 51, service salaries and benefits; States Code, the Administrator may, with
United States Code, is amended to read as ‘‘(ii) indirect general and administrative respect to not more than 3,000 designated
follows: costs of centers and facilities of the Admin- personnel—
istration; and (1) appoint and manage such designated
‘‘§ 40304. Grants
‘‘(iii) indirect general and administrative personnel of the Administration, without re-
‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM costs of the Administration headquarters.
DEFINED.—In this section, the term ‘eligible gard to the covered provisions; and
‘‘(3) SPECIAL PROGRAMS.—Of the funds made
space grant consortium’ means a space grant (2) fix the compensation of such designated
available each fiscal year for the national
consortium that the Administrator has de- personnel of the Administration, without re-
space grant college and fellowship program,
termined— gard to chapter 51 and subchapter III of
the Administrator shall allocate not more
‘‘(1) has the capability and objective to chapter 53 of title 5, United States Code, at
than 5 percent to the lead institutions of
carry out not fewer than 3 of the 6 programs a rate that does not exceed the per annum
space grant consortia established as of the
under section 40303(b)(1); rate of salary of the Vice President of the
date of the enactment of the National Aero-
‘‘(2) will carry out programs that balance United States under section 104 of title 3,
nautics and Space Administration Author-
the priorities described in section 40303(b)(2); United States Code.
ization Act of 2021 for grants to carry out in-
and novative approaches and programs to further (c) ADMINISTRATOR RESPONSIBILITIES.—In
‘‘(3) is engaged in research, training, and science and education relating to the mis- carrying out the pilot program established
education relating to space and aeronautics. sions of the Administration and STEM dis- under subsection (b), the Administrator shall
‘‘(b) GRANTS.— ciplines. ensure that the pilot program—
‘‘(1) IN GENERAL.—The Administrator shall ‘‘(d) TERMS AND CONDITIONS.— (1) uses—
award grants to the lead institutions of eligi- ‘‘(1) LIMITATIONS.—Amounts made avail- (A) state-of-the-art recruitment tech-
ble space grant consortia to carry out the able through a grant under this section may niques;
programs under section 40303(b)(1). not be applied to— (B) simplified classification methods with
‘‘(2) REQUEST FOR PROPOSALS.— ‘‘(A) the purchase of land; respect to personnel of the Administration;
‘‘(A) IN GENERAL.—On the expiration of ex- ‘‘(B) the purchase, construction, preserva- and
isting cooperative agreements between the tion, or repair of a building; or (C) broad banding; and
Administration and the space grant con- ‘‘(C) the purchase or construction of a (2) offers—
sortia, the Administrator shall issue a re- launch facility or launch vehicle. (A) competitive compensation; and
quest for proposals from space grant con- ‘‘(2) LEASES.—Notwithstanding paragraph (B) the opportunity for career mobility.
sortia for the award of grants under this sec- (1), land, buildings, launch facilities, and SEC. 2666. ESTABLISHMENT OF MULTI-INSTITU-
tion. launch vehicles may be leased under a grant TION CONSORTIA.
‘‘(B) APPLICATIONS.—A lead institution of a on written approval by the Administrator. (a) IN GENERAL.—The Administrator, pur-
space grant consortium that seeks a grant ‘‘(3) RECORDS.— suant to section 2304(c)(3)(B) of title 10,
under this section shall submit, on behalf of ‘‘(A) IN GENERAL.—Any person that re- United States Code, may—
such space grant consortium, an application ceives or uses the proceeds of a grant under (1) establish one or more multi-institution
to the Administrator at such time, in such this section shall keep such records as the consortia to facilitate access to essential en-
manner, and accompanied by such informa- Administrator shall by regulation prescribe gineering, research, and development capa-
tion as the Administrator may require. as being necessary and appropriate to facili- bilities in support of NASA missions;
‘‘(3) GRANT AWARDS.—The Administrator tate effective audit and evaluation, includ- (2) use such a consortium to fund technical
shall award 1 or more 5-year grants, dis- ing records that fully disclose the amount analyses and other engineering support to
bursed in annual installments, to the lead in- and disposition by a recipient of such pro- address the acquisition, technical, and oper-
stitution of the eligible space grant consor- ceeds, the total cost of the program or ational needs of NASA centers; and
tium of— project in connection with which such pro- (3) ensure such a consortium—
‘‘(A) each State; ceeds were used, and the amount, if any, of (A) is held accountable for the technical
‘‘(B) the District of Columbia; and such cost that was provided through other quality of the work product developed under
‘‘(C) the Commonwealth of Puerto Rico. sources. this section; and
‘‘(4) USE OF FUNDS.—A grant awarded under ‘‘(B) MAINTENANCE OF RECORDS.—Records (B) convenes disparate groups to facilitate
this section shall be used by an eligible space under subparagraph (A) shall be maintained public-private partnerships.
grant consortium to carry out not fewer for not less than 3 years after the date of (b) POLICIES AND PROCEDURES.—The Admin-
than 3 of the 6 programs under section completion of such a program or project. istrator shall develop and implement policies
40303(b)(1). ‘‘(C) ACCESS.—For the purpose of audit and and procedures to govern, with respect to the
‘‘(c) ALLOCATION OF FUNDING.— evaluation, the Administrator and the Comp- establishment of a consortium under sub-
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‘‘(1) PROGRAM IMPLEMENTATION.— troller General of the United States shall section (a)—
‘‘(A) IN GENERAL.—To carry out the objec- have access to any books, documents, papers, (1) the selection of participants;
tive described in section 40303(b)(1), of the and records of receipts relating to a grant (2) the award of cooperative agreements or
funds made available each fiscal year for the under this section, as determined by the Ad- other contracts;
national space grant college and fellowship ministrator or Comptroller General.’’. (3) the appropriate use of competitive
program, the Administrator shall allocate (e) PROGRAM STREAMLINING.—Title 51, awards and sole source awards; and
not less than 85 percent as follows: United States Code, is amended— (4) technical capabilities required.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1369
(c) ELIGIBILITY.—The following entities missions and operations that could adversely included in the computation, of any other
shall be eligible to participate in a consor- impact such missions and operations if un- type of Government benefit. Separation pay
tium established under subsection (a): available. shall not be taken into account for the pur-
(1) An institution of higher education (as (3) A description and assessment of various pose of determining the amount of any sever-
defined in section 102 of the Higher Edu- mechanisms to address and mitigate the ance pay to which an individual may be enti-
cation Act of 1965 (20 U.S.C. 1002)). weaknesses described pursuant to paragraph tled under section 5595 of title 5, based on
(2) An operator of a federally funded re- (2). any other separation.
search and development center. (4) A comprehensive list of the collabo- ‘‘(C) INSTALLMENTS.—Separation pay, if
(3) A nonprofit or not-for-profit research rative efforts, including future and proposed paid in installments, shall cease to be paid
institution. collaborative efforts, between NASA and the upon the recipient’s acceptance of employ-
(4) A consortium composed of— Manufacturing USA institutes of the Depart- ment by the Federal Government, or com-
(A) an entity described in paragraph (1), ment of Commerce. mencement of work under a personal serv-
(2), or (3); and (5) An assessment of— ices contract as described in paragraph (5).
(B) one or more for-profit entities. (A) the defense and aerospace manufac- ‘‘(5) LIMITATIONS ON REEMPLOYMENT.—
SEC. 2667. EXPEDITED ACCESS TO TECHNICAL turing supply chains relevant to NASA in ‘‘(A) An employee who receives separation
TALENT AND EXPERTISE. each region of the United States; and pay under such program may not be reem-
(a) IN GENERAL.—The Administrator may— (B) the feasibility and benefits of estab- ployed by the Administration for a 12-month
(1) establish one or more multi-institution lishing a supply chain center of excellence in period beginning on the effective date of the
task order contracts, consortia, cooperative a State in which NASA does not, as of the employee’s separation, unless this prohibi-
agreements, or other arrangements to facili- date of the enactment of this division, have tion is waived by the Administrator on a
tate expedited access to eligible entities in a research center or test facility. case-by-case basis.
support of NASA missions; and (6) Such other matters relating to the ‘‘(B) An employee who receives separation
(2) use such a multi-institution task order United States industrial base for NASA civil pay under this section on the basis of a sepa-
contract, consortium, cooperative agree- space missions and operations as the Admin- ration and accepts employment with the
ment, or other arrangement to fund tech- istrator considers appropriate. Government of the United States, or who
nical analyses and other engineering support SEC. 2669. SEPARATIONS AND RETIREMENT IN- commences work through a personal services
to address the acquisition, technical, and CENTIVES.
contract with the United States within 5
operational needs of NASA centers. Section 20113 of title 51, United States years after the date of the separation on
(b) CONSULTATION WITH OTHER NASA-AF- Code, is amended by adding at the end the which payment of the separation pay is
FILIATED ENTITIES.—To ensure access to following:
based, shall be required to repay the entire
technical expertise and reduce costs and du- ‘‘(o) PROVISIONS RELATED TO SEPARATION
AND RETIREMENT INCENTIVES.—
amount of the separation pay to the Admin-
plicative efforts, a multi-institution task istration. If the employment is with an Exec-
order contract, consortium, cooperative ‘‘(1) DEFINITION.—In this subsection, the
term ‘employee’— utive agency (as defined by section 105 of
agreement, or any other arrangement estab- title 5) other than the Administration, the
lished under subsection (a)(1) shall, to the ‘‘(A) means an employee of the Adminis-
tration serving under an appointment with- Administrator may, at the request of the
maximum extent practicable, be carried out head of that agency, waive the repayment if
in consultation with other NASA-affiliated out time limitation; and
‘‘(B) does not include— the individual involved possesses unique
entities, including federally funded research abilities and is the only qualified applicant
and development centers, university-affili- ‘‘(i) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title available for the position. If the employment
ated research centers, and NASA labora- is within the Administration, the Adminis-
tories and test centers. 5 or any other retirement system for employ-
ees of the Federal Government; trator may waive the repayment if the indi-
(c) POLICIES AND PROCEDURES.—The Admin- vidual involved is the only qualified appli-
istrator shall develop and implement policies ‘‘(ii) an employee having a disability on
the basis of which such employee is or would cant available for the position. If the em-
and procedures to govern, with respect to the ployment is with an entity in the legislative
establishment of a multi-institution task be eligible for disability retirement under
any of the retirement systems referred to in branch, the head of the entity or the ap-
order contract, consortium, cooperative pointing official may waive the repayment if
agreement, or any other arrangement under clause (i); or
‘‘(iii) for purposes of eligibility for separa- the individual involved possesses unique
subsection (a)(1)— abilities and is the only qualified applicant
(1) the selection of participants; tion incentives under this subsection, an em-
ployee who is in receipt of a decision notice available for the position. If the employment
(2) the award of task orders; is with the judicial branch, the Director of
(3) the maximum award size for a task; of involuntary separation for misconduct or
unacceptable performance. the Administrative Office of the United
(4) the appropriate use of competitive States Courts may waive the repayment if
awards and sole source awards; and ‘‘(2) AUTHORITY.—The Administrator may
establish a program under which employees the individual involved possesses unique
(5) technical capabilities required. abilities and is the only qualified applicant
(d) ELIGIBLE ENTITY DEFINED.—In this sec- may be eligible for early retirement, offered
separation incentive pay to separate from available for the position.
tion, the term ‘‘eligible entity’’ means—
service voluntarily, or both. This authority ‘‘(6) REGULATIONS.—Under the program es-
(1) an institution of higher education (as
may be used to reduce the number of per- tablished under paragraph (2), early retire-
defined in section 102 of the Higher Edu-
sonnel employed or to restructure the work- ment and separation pay may be offered only
cation Act of 1965 (20 U.S.C. 1002));
force to meet mission objectives without re- pursuant to regulations established by the
(2) an operator of a federally funded re-
ducing the overall number of personnel. This Administrator, subject to such limitations
search and development center;
authority is in addition to, and notwith- or conditions as the Administrator may re-
(3) a nonprofit or not-for-profit research in-
standing, any other authorities established quire.
stitution; and
by law or regulation for such programs. ‘‘(7) USE OF EXISTING FUNDS.—The Adminis-
(4) a consortium composed of—
‘‘(3) EARLY RETIREMENT.—An employee who trator shall carry out this subsection using
(A) an entity described in paragraph (1),
is at least 50 years of age and has completed amounts otherwise made available to the Ad-
(2), or (3); and
20 years of service, or has at least 25 years of ministrator and no additional funds are au-
(B) one or more for-profit entities.
service, may, pursuant to regulations pro- thorized to be appropriated to carry out this
SEC. 2668. REPORT ON INDUSTRIAL BASE FOR
mulgated under this subsection, apply and be subsection.’’.
CIVIL SPACE MISSIONS AND OPER-
ATIONS. retired from the Administration and receive SEC. 2670. CONFIDENTIALITY OF MEDICAL QUAL-
benefits in accordance with subchapter III of ITY ASSURANCE RECORDS.
(a) IN GENERAL.—Not later than 1 year
after the date of the enactment of this divi- chapter 83 or 84 of title 5 if the employee has (a) IN GENERAL.—Chapter 313 of title 51,
sion, and from time to time thereafter, the been employed continuously within the Ad- United States Code, is amended by adding at
Administrator shall submit to the appro- ministration for more than 30 days before the end the following:
priate committees of Congress a report on the date on which the determination to con- ‘‘§ 31303. Confidentiality of medical quality
the United States industrial base for NASA duct a reduction or restructuring within 1 or assurance records
civil space missions and operations. more Administration centers is approved. ‘‘(a) IN GENERAL.—Except as provided in
(b) ELEMENTS.—The report required by sub- ‘‘(4) SEPARATION PAY.— subsection (b)(1)—
section (a) shall include the following: ‘‘(A) IN GENERAL.—Separation pay shall be ‘‘(1) a medical quality assurance record, or
(1) A comprehensive description of the cur- paid in a lump sum or in installments and any part of a medical quality assurance
rent status of the United States industrial shall be equal to the lesser of— record, may not be subject to discovery or
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base for NASA civil space missions and oper- ‘‘(i) an amount equal to the amount the admitted into evidence in a judicial or ad-
ations. employee would be entitled to receive under ministrative proceeding; and
(2) A description and assessment of the section 5595(c) of title 5, if the employee were ‘‘(2) an individual who reviews or creates a
weaknesses in the supply chain, skills, man- entitled to payment under such section; or medical quality assurance record for the Ad-
ufacturing capacity, raw materials, key ‘‘(ii) $40,000. ministration, or participates in any pro-
components, and other areas of the United ‘‘(B) LIMITATIONS.—Separation pay shall ceeding that reviews or creates a medical
States industrial base for NASA civil space not be a basis for payment, and shall not be quality assurance record, may not testify in
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S1370 CONGRESSIONAL RECORD — SENATE March 22, 2022
a judicial or administrative proceeding with section, the Administrator shall promulgate SEC. 2672. AUTHORITY FOR TRANSACTION PRO-
respect to— regulations to implement this section. TOTYPE PROJECTS AND FOLLOW-ON
PRODUCTION CONTRACTS.
‘‘(A) the medical quality assurance record; ‘‘(f) RULES OF CONSTRUCTION.—Nothing in
or Section 20113 of title 51, United States
this section shall be construed— Code, as amended by section 2671, is further
‘‘(B) any finding, recommendation, evalua-
‘‘(1) to withhold a medical quality assur- amended by adding at the end the following:
tion, opinion, or action taken by such indi-
ance record from a committee of the Senate ‘‘(p) TRANSACTION PROTOTYPE PROJECTS
vidual or in accordance with such proceeding
or House of Representatives or a joint com- AND FOLLOW-ON PRODUCTION CONTRACTS.—
with respect to the medical quality assur-
mittee of Congress if the medical quality as- ‘‘(1) IN GENERAL.—The Administration may
ance record.
surance record relates to a matter within the enter into a transaction (other than a con-
‘‘(b) DISCLOSURE OF RECORDS.— jurisdiction of such committee or joint com- tract, cooperative agreement, or grant) to
‘‘(1) IN GENERAL.—Notwithstanding sub- mittee; or carry out a prototype project that is directly
section (a), a medical quality assurance ‘‘(2) to limit the use of a medical quality relevant to enhancing the mission effective-
record may be disclosed to— assurance record within the Administration, ness of the Administration.
‘‘(A) a Federal agency or private entity, if including the use by a contractor or consult- ‘‘(2) SUBSEQUENT AWARD OF FOLLOW-ON PRO-
the medical quality assurance record is nec- ant of the Administration. DUCTION CONTRACT.—A transaction entered
essary for the Federal agency or private en- into under this subsection for a prototype
tity to carry out— ‘‘(g) DEFINITIONS.—In this section:
‘‘(1) MEDICAL QUALITY ASSURANCE RECORD.— project may provide for the subsequent
‘‘(i) licensing or accreditation functions re- award of a follow-on production contract to
lating to Administration healthcare facili- The term ‘medical quality assurance record’
means any proceeding, discussion, record, participants in the transaction.
ties; or ‘‘(3) INCLUSION.—A transaction under this
‘‘(ii) monitoring of Administration finding, recommendation, evaluation, opin-
ion, minutes, report, or other document or subsection includes a project awarded to an
healthcare facilities required by law; individual participant and to all individual
‘‘(B) a Federal agency or healthcare pro- action that results from a quality assurance
committee, quality assurance program, or projects awarded to a consortium of United
vider, if the medical quality assurance States industry and academic institutions.
record is required by the Federal agency or quality assurance program activity.
‘‘(2) QUALITY ASSURANCE PROGRAM.— ‘‘(4) DETERMINATION.—The authority of this
healthcare provider to enable Administra- section may be exercised for a transaction
tion participation in a healthcare program of ‘‘(A) IN GENERAL.—The term ‘quality assur-
ance program’ means a comprehensive pro- for a prototype project and any follow-on
the Federal agency or healthcare provider; production contract, upon a determination
‘‘(C) a criminal or civil law enforcement gram of the Administration—
‘‘(i) to systematically review and improve by the head of the contracting activity, in
agency, or an instrumentality authorized by accordance with Administration policies,
law to protect the public health or safety, on the quality of medical and behavioral health
services provided by the Administration to that—
written request by a qualified representative ‘‘(A) circumstances justify use of a trans-
of such agency or instrumentality submitted ensure the safety and security of individuals
receiving such health services; and action to provide an innovative business ar-
to the Administrator that includes a descrip- rangement that would not be feasible or ap-
tion of the lawful purpose for which the med- ‘‘(ii) to evaluate and improve the effi-
ciency, effectiveness, and use of staff and re- propriate under a contract; and
ical quality assurance record is requested; ‘‘(B) the use of the authority of this sec-
‘‘(D) an officer, an employee, or a con- sources in the delivery of such health serv-
ices. tion is essential to promoting the success of
tractor of the Administration who requires the prototype project.
the medical quality assurance record to ‘‘(B) INCLUSION.—The term ‘quality assur-
ance program’ includes any activity carried ‘‘(5) COMPETITIVE PROCEDURE.—
carry out an official duty associated with ‘‘(A) IN GENERAL.—To the maximum extent
healthcare; out by or for the Administration to assess
the quality of medical care provided by the practicable, the Administrator shall use
‘‘(E) healthcare personnel, to the extent competitive procedures with respect to en-
necessary to address a medical emergency Administration.’’.
tering into a transaction to carry out a pro-
affecting the health or safety of an indi- (b) TECHNICAL AND CONFORMING AMEND- totype project.
vidual; and MENT.—The table of sections for chapter 313 ‘‘(B) EXCEPTION.—Notwithstanding section
‘‘(F) any committee, panel, or board con- of title 51, United States Code, is amended by 2304 of title 10, United States Code, a follow-
vened by the Administration to review the adding at the end the following: on production contract may be awarded to
healthcare-related policies and practices of the participants in the prototype transaction
the Administration. ‘‘31303. Confidentiality of medical quality as-
without the use of competitive procedures,
‘‘(2) SUBSEQUENT DISCLOSURE PROHIBITED.— surance records.’’.
if—
An individual or entity to whom a medical ‘‘(i) competitive procedures were used for
PART VIII—MISCELLANEOUS PROVISIONS
quality assurance record has been disclosed the selection of parties for participation in
under paragraph (1) may not make a subse- SEC. 2671. CONTRACTING AUTHORITY. the prototype transaction; and
quent disclosure of the medical quality as- ‘‘(ii) the participants in the transaction
surance record. Section 20113 of title 51, United States
Code, is amended by adding at the end the successfully completed the prototype project
‘‘(c) PERSONALLY IDENTIFIABLE INFORMA- provided for in the transaction.
TION.— following:
‘‘(6) COST SHARE.—A transaction to carry
‘‘(1) IN GENERAL.—Except as provided in ‘‘(o) CONTRACTING AUTHORITY.—The Admin- out a prototype project and a follow-on pro-
paragraph (2), the personally identifiable in- istration— duction contract may require that part of
formation contained in a medical quality as- ‘‘(1) may enter into an agreement with a the total cost of the transaction or contract
surance record of a patient or an employee of private, commercial, or State government be paid by the participant or contractor from
the Administration, or any other individual entity to provide the entity with supplies, a source other than the Federal Government.
associated with the Administration for pur- support, and services related to private, com- ‘‘(7) PROCUREMENT ETHICS.—A transaction
poses of a medical quality assurance pro- mercial, or State government space activi- under this authority shall be considered an
gram, shall be removed before the disclosure ties carried out at a property owned or oper- agency procurement for purposes of chapter
of the medical quality assurance record to an ated by the Administration; and 21 of title 41, United States Code, with regard
entity other than the Administration. ‘‘(2) upon the request of such an entity, to procurement ethics.’’.
‘‘(2) EXCEPTION.— Personally identifiable may include such supplies, support, and serv- SEC. 2673. PROTECTION OF DATA AND INFORMA-
information described in paragraph (1) may ices in the requirements of the Administra- TION FROM PUBLIC DISCLOSURE.
be released to an entity other than the Ad- tion if— (a) CERTAIN TECHNICAL DATA.—Section
ministration if the Administrator makes a ‘‘(A) the Administrator determines that 20131 of title 51, United States Code, is
determination that the release of such per- the inclusion of such supplies, support, or amended—
sonally identifiable information— services in such requirements— (1) by redesignating subsection (c) as sub-
‘‘(A) is in the best interests of the Admin- ‘‘(i) is in the best interest of the Federal section (d);
istration; and Government; (2) in subsection (a)(3), by striking ‘‘sub-
‘‘(B) does not constitute an unwarranted ‘‘(ii) does not interfere with the require- section (b)’’ and inserting ‘‘subsection (b) or
invasion of personal privacy. ments of the Administration; and (c)’’;
‘‘(d) EXCLUSION FROM FOIA.—A medical ‘‘(iii) does not compete with the commer- (3) by inserting after subsection (b) the fol-
quality assurance record may not be made cial space activities of other such entities; lowing:
available to any person under section 552 of and ‘‘(c) SPECIAL HANDLING OF CERTAIN TECH-
ctelli on DSK11ZRN23PROD with SENATE
title 5, United States Code (commonly re- ‘‘(B) the Administration has full reimburs- NICAL DATA.—
ferred to as the ‘Freedom of Information able funding from the entity that requested ‘‘(1) IN GENERAL.—The Administrator may
Act’), and this section shall be considered a supplies, support, and services prior to mak- provide appropriate protections against the
statute described in subsection (b)(3)(B) of ing any obligation for the delivery of such public dissemination of certain technical
such section 522. supplies, support, or services under an Ad- data, including exemption from subchapter
‘‘(e) REGULATIONS.—Not later than one ministration procurement contract or any II of chapter 5 of title 5.
year after the date of the enactment of this other agreement.’’. ‘‘(2) DEFINITIONS.—In this subsection:
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1371
‘‘(A) CERTAIN TECHNICAL DATA.—The term SEC. 2676. CYBERSECURITY. (2) CERTIFICATION TO CONGRESS.—Not later
‘certain technical data’ means technical (a) IN GENERAL.—Section 20301 of title 51, than 30 days after the date on which a waiver
data that may not be exported lawfully out- United States Code, is amended by adding at is granted under paragraph (1), the Adminis-
side the United States without approval, au- the end the following: trator, the Director, or the Chair, as applica-
thorization, or license under— ‘‘(c) CYBERSECURITY.—The Administrator ble, shall submit to the Committee on Com-
‘‘(i) the Export Control Reform Act of 2018 shall update and improve the cybersecurity merce, Science, and Transportation and the
(Public Law 115–232; 132 Stat. 2208); or of NASA space assets and supporting infra- Committee on Appropriations of the Senate
‘‘(ii) the International Security Assistance structure.’’. and the Committee on Science, Space, and
and Arms Export Control Act of 1976 (Public (b) SECURITY OPERATIONS CENTER.— Technology and the Committee on Appro-
Law 94–329; 90 Stat. 729). (1) ESTABLISHMENT.—The Administrator priations of the House of Representatives a
‘‘(B) TECHNICAL DATA.—The term ‘technical shall maintain a Security Operations Center, written certification that the activity com-
data’ means any blueprint, drawing, photo- to identify and respond to cybersecurity plies with the requirements in subparagraphs
graph, plan, instruction, computer software, threats to NASA information technology (A) and (B) of that paragraph.
or documentation, or any other technical in- systems, including institutional systems and (c) GAO REVIEW.—
formation.’’; mission systems. (1) IN GENERAL.—The Comptroller General
(4) in subsection (d), as so redesignated, by (2) INSPECTOR GENERAL RECOMMENDA- of the United States shall conduct a review
inserting ‘‘, including any data,’’ after ‘‘in- TIONS.—The Administrator shall implement, of NASA contracts that may subject the Ad-
formation’’; and to the maximum extent practicable, each of ministration to unacceptable transfers of in-
(5) by adding at the end the following: the recommendations contained in the re- tellectual property or technology to any en-
‘‘(e) EXCLUSION FROM FOIA.—This shall be port of the Inspector General of NASA enti- tity—
considered a statute described in subsection tled ‘‘Audit of NASA’s Security Operations (A) owned or controlled (in whole or in
(b)(3)(B) of 552 of title 5 (commonly referred Center’’, issued on May 23, 2018. part) by, or otherwise affiliated with, the
to as the ‘Freedom of Information Act’).’’. (c) CYBER THREAT HUNT.— Government of the People’s Republic of
(b) CERTAIN VOLUNTARILY PROVIDED SAFE- (1) IN GENERAL.—The Administrator, in co- China; or
TY-RELATED INFORMATION.— ordination with the Secretary of Homeland (B) organized under, or otherwise subject
(1) IN GENERAL.—The Administrator shall Security and the heads of other relevant to, the laws of the People’s Republic of
provide appropriate safeguards against the Federal agencies, may implement a cyber China.
public dissemination of safety-related infor- threat hunt capability to proactively search (2) ELEMENTS.—The review required under
mation collected as part of a mishap inves- NASA information systems for advanced paragraph (1) shall assess—
tigation carried out under the NASA safety cyber threats that otherwise evade existing (A) whether the Administrator is aware—
reporting system or in conjunction with an security tools. (i) of any NASA contractor that benefits
organizational safety assessment, if the Ad- (2) THREAT-HUNTING PROCESS.—In carrying from significant financial assistance from—
ministrator makes a written determination, out paragraph (1), the Administrator shall (I) the Government of the People’s Repub-
including a justification of the determina- develop and document a threat-hunting proc- lic of China;
tion, that— ess, including the roles and responsibilities
(A)(i) disclosure of the information would (II) any entity controlled by the Govern-
of individuals conducting a cyber threat ment of the People’s Republic of China; or
inhibit individuals from voluntarily pro- hunt.
viding safety-related information; and (III) any other governmental entity of the
(d) GAO PRIORITY RECOMMENDATIONS.—The
(ii) the ability of NASA to collect such in- People’s Republic of China; and
Administrator shall implement, to the max-
formation improves the safety of NASA pro- (ii) that the Government of the People’s
imum extent practicable, the recommenda-
grams and research relating to aeronautics Republic of China, or an entity controlled by
tions for NASA contained in the report of
and space; or the Government of the People’s Republic of
the Comptroller General of the United States
(B) withholding such information from China, may be—
entitled ‘‘Information Security: Agencies
public disclosure improves the safety of such (I) leveraging United States companies
Need to Improve Controls over Selected
NASA programs and research. that share ownership with NASA contrac-
High-Impact Systems’’, issued May 18, 2016,
(2) OTHER FEDERAL AGENCIES.—Notwith- tors; or
including—
standing any other provision of law, if the (II) obtaining intellectual property or
(1) re-evaluating security control assess-
Administrator provides to the head of an- technology illicitly or by other unacceptable
ments; and
other Federal agency safety-related informa- means; and
(2) specifying metrics for the continuous
tion with respect to which the Administrator (B) the steps the Administrator is taking
monitoring strategy of the Administration.
has made a determination under paragraph to ensure that—
SEC. 2677. LIMITATION ON COOPERATION WITH
(1), the head of the Federal agency shall THE PEOPLE’S REPUBLIC OF CHINA.
(i) NASA contractors are not being lever-
withhold the information from public disclo- aged (directly or indirectly) by the Govern-
(a) IN GENERAL.—Except as provided by
sure. ment of the People’s Republic of China or by
subsection (b), the Administrator, the Direc-
(3) PUBLIC AVAILABILITY.—A determination an entity controlled by the Government of
tor of the OSTP, and the Chair of the Na-
or part of a determination under paragraph the People’s Republic of China;
tional Space Council, shall not—
(1) shall be made available to the public on (ii) the intellectual property and tech-
(1) develop, design, plan, promulgate, im-
request, as required under 552 of title 5, nology of NASA contractors are adequately
plement, or execute a bilateral policy, pro-
United States Code (commonly referred to as protected; and
gram, order, or contract of any kind to par-
the ‘‘Freedom of Information Act’’). (iii) NASA flight-critical components are
ticipate, collaborate, or coordinate bilat-
(4) EXCLUSION FROM FOIA.—This subsection not sourced from the People’s Republic of
erally in any manner with—
shall be considered a statute described in China through any entity benefitting from
(A) the Government of the People’s Repub-
subsection (b)(3)(B) of section 552 of title 5, Chinese investments, loans, or other assist-
lic of China; or
United States Code. ance.
(B) any company—
SEC. 2674. PHYSICAL SECURITY MODERNIZATION. (3) RECOMMENDATIONS.—The Comptroller
(i) owned by the Government of the Peo-
Chapter 201 of title 51, United States Code, General shall provide to the Administrator
ple’s Republic of China; or
is amended— recommendations for future NASA con-
(ii) incorporated under the laws of the Peo-
(1) in section 20133(2), by striking ‘‘prop- tracting based on the results of the review.
ple’s Republic of China; and
erty’’ and all that follows through ‘‘to the (4) PLAN.—Not later than 180 days after the
(2) host official visitors from the People’s
United States,’’ and inserting ‘‘Administra- date on which the Comptroller General com-
Republic of China at a facility belonging to
tion personnel or of property owned or leased pletes the review, the Administrator shall—
or used by NASA.
by, or under the control of, the United (b) WAIVER.— (A) develop a plan to implement the rec-
States’’; and (1) IN GENERAL.—The Administrator, the ommendations of the Comptroller General;
(2) in section 20134, in the second sen- Director, or the Chair may waive the limita- and
tence— tion under subsection (a) with respect to an (B) submit the plan to the appropriate
(A) by inserting ‘‘Administration personnel activity described in that subsection only if committees of Congress.
or any’’ after ‘‘protecting’’; and (d) TERMINATION.—The limitation under
the Administrator, the Director, or the
subsection (a) shall cease to have effect on
(B) by striking ‘‘, at facilities owned or Chair, as applicable, makes a determination
the date that is 10 years after the date of the
contracted to the Administration’’. that the activity—
enactment of this division.
SEC. 2675. LEASE OF NON-EXCESS PROPERTY. (A) does not pose a risk of a transfer of
SEC. 2678. CONSIDERATION OF ISSUES RELATED
Section 20145 of title 51, United States technology, data, or other information with TO CONTRACTING WITH ENTITIES
ctelli on DSK11ZRN23PROD with SENATE
Code, is amended— national security or economic security im- RECEIVING ASSISTANCE FROM OR
(1) in subsection (b)(1)(B), by striking ‘‘en- plications to an entity described in para- AFFILIATED WITH THE PEOPLE’S RE-
tered into for the purpose of developing re- graph (1) of such subsection; and PUBLIC OF CHINA.
newable energy production facilities’’; and (B) does not involve knowing interactions (a) IN GENERAL.—With respect to a matter
(2) in subsection (g), in the first sentence, with officials who have been determined by in response to a request for proposal or a
by striking ‘‘December 31, 2021’’ and insert- the United States to have direct involvement broad area announcement by the Adminis-
ing ‘‘December 31, 2025’’. with violations of human rights. trator, or award of any contract, agreement,
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S1372 CONGRESSIONAL RECORD — SENATE March 22, 2022
or other transaction with the Administrator, including the Space Launch System and (b) USE OF COMMERCIAL NEAR-SPACE BAL-
a commercial or noncommercial entity shall Orion, from using the launch infrastructure LOONS.—The Administrator shall use com-
certify that it is not majority owned or con- modernized under this section. mercially available balloon assets operating
trolled (as defined in section 800.208 of title SEC. 2681. MISSIONS OF NATIONAL NEED. at near-space altitudes, to the maximum ex-
31, Code of Federal Regulations), or minority (a) SENSE OF CONGRESS.—It is the Sense of tent practicable, as part of a diverse set of
owned greater than 25 percent, by— Congress that— capabilities to effectively and efficiently
(1) any governmental organization of the (1) while certain space missions, such as meet the goals of the Administration.
People’s Republic of China; or asteroid detection or space debris mitigation SEC. 2685. PRESIDENT’S SPACE ADVISORY
(2) any other entity that is— or removal missions, may not provide the BOARD.
(A) known to be owned or controlled by highest-value science, as determined by the Section 121 of the National Aeronautics
any governmental organization of the Peo- National Academies of Science, Engineering, and Space Administration Authorization
ple’s Republic of China; or and Medicine decadal surveys, such missions Act, Fiscal Year 1991 (Public Law 101–611; 51
(B) organized under, or otherwise subject provide tremendous value to the United U.S.C. 20111 note) is amended—
to, the laws of the People’s Republic of States and the world; and (1) in the section heading, by striking
China. (2) the current organizational and funding ‘‘USERS’ ADVISORY GROUP’’ and inserting
(b) FALSE STATEMENTS.— structure of NASA has not prioritized the ‘‘PRESIDENT’S SPACE ADVISORY BOARD’’; and
(1) IN GENERAL.—A false statement con- funding of missions of national need. (2) by striking ‘‘Users’ Advisory Group’’
tained in a certification under subsection (a) (b) STUDY.— each place it appears and inserting ‘‘Presi-
constitutes a false or fraudulent claim for (1) IN GENERAL.—The Director of the OSTP dent’s Space Advisory Board.’’
purposes of chapter 47 of title 18, United shall conduct a study on the manner in SEC. 2686. INITIATIVE ON TECHNOLOGIES FOR
States Code. which NASA funds missions of national need. NOISE AND EMISSIONS REDUC-
(2) ACTION UNDER FEDERAL ACQUISITION REG- (2) MATTERS TO BE INCLUDED.—The study TIONS.
ULATION.—Any party convicted for making a conducted under paragraph (1) shall include (a) INITIATIVE REQUIRED.—Section 40112 of
false statement with respect to a certifi- the following: title 51, United States Code, is amended—
cation under subsection (a) shall be subject (A) An identification and assessment of the (1) by redesignating subsections (b)
to debarment from contracting with the Ad- types of missions or technology development through (f) as subsections (c) through (g), re-
ministrator for a period of not less than 1 programs that constitute missions of na- spectively; and
year, as determined by the Administrator, in tional need. (2) by inserting after subsection (a) the fol-
addition to other appropriate action in ac- (B) An assessment of the manner in which lowing new subsection (b):
cordance with the Federal Acquisition Regu- such missions are currently funded and man- ‘‘(b) TECHNOLOGIES FOR NOISE AND EMIS-
lation maintained under section 1303(a)(1) of aged by NASA. SIONS REDUCTION.—
title 41, United States Code. (C) An analysis of the options for funding ‘‘(1) INITIATIVE REQUIRED.—The Adminis-
(c) ANNUAL REPORT.—The Administrator missions of national need, including— trator shall establish an initiative to build
shall submit to the appropriate committees (i) structural changes required to allow upon and accelerate previous or ongoing
of Congress an annual report detailing any NASA to fund such missions; and work to develop and demonstrate new tech-
violation of this section. (ii) an assessment of the capacity of other nologies, including systems architecture,
SEC. 2679. SMALL SATELLITE LAUNCH SERVICES Federal agencies to make funds available for components, or integration of systems and
PROGRAM. such missions. airframe structures, in electric aircraft pro-
(a) IN GENERAL.—The Administrator shall (c) REPORT TO CONGRESS.—Not later than 1 pulsion concepts that are capable of substan-
continue to procure dedicated launch serv- year after the date of the enactment of this tially reducing both emissions and noise
ices, including from small and venture class division, the Director of the OSTP shall sub- from aircraft.
launch providers, for small satellites, includ- mit to the appropriate committees of Con- ‘‘(2) APPROACH.—In carrying out the initia-
ing CubeSats, for the purpose of conducting gress a report on the results of the study tive, the Administrator shall do the fol-
science and technology missions that further conducted under subsection (b), including lowing:
the goals of NASA. recommendations for funding missions of na- ‘‘(A) Continue and expand work of the Ad-
(b) REQUIREMENTS.—In carrying out the tional need. ministration on research, development, and
program under subsection (a), the Adminis- SEC. 2682. DRINKING WATER WELL REPLACE- demonstration of electric aircraft concepts,
trator shall engage with the academic com- MENT FOR CHINCOTEAGUE, VIR- and the integration of such concepts.
munity to maximize awareness and use of GINIA. ‘‘(B) To the extent practicable, work with
dedicated small satellite launch opportuni- Notwithstanding any other provision of multiple partners, including small busi-
ties. law, during the 5-year period beginning on nesses and new entrants, on research and de-
(c) RULE OF CONSTRUCTION.—Nothing in the date of the enactment of this division, velopment activities related to transport
this section shall prevent the Administrator the Administrator may enter into 1 or more category aircraft.
from continuing to use a secondary payload agreements with the town of Chincoteague, ‘‘(C) Provide guidance to the Federal Avia-
of procured launch services for CubeSats. Virginia, to reimburse the town for costs tion Administration on technologies devel-
SEC. 2680. 21ST CENTURY SPACE LAUNCH INFRA- that are directly associated with— oped and tested pursuant to the initiative.’’.
STRUCTURE. (1) the removal of drinking water wells lo- (b) REPORTS.—Not later than 180 days after
(a) IN GENERAL.—The Administrator shall cated on property administered by the Ad- the date of the enactment of this division,
carry out a program to modernize multi-user ministration; and and annually thereafter as a part of the Ad-
launch infrastructure at NASA facilities— (2) the relocation of such wells to property ministration’s budget submission, the Ad-
(1) to enhance safety; and under the administrative control, through ministrator shall submit a report to the ap-
(2) to advance Government and commercial lease, ownership, or easement, of the town. propriate committee of Congress on the
space transportation and exploration. SEC. 2683. PASSENGER CARRIER USE. progress of the work under the initiative re-
(b) PROJECTS.—Projects funded under the Section 1344(a)(2) of title 31, United States quired by subsection (b) of section 40112 of
program under subsection (a) may include— Code, is amended— title 51, United States Code (as amended by
(1) infrastructure relating to commodities; (1) in subparagraph (A), by striking ‘‘or’’ at subsection (a) of this section), including an
(2) standard interfaces to meet customer the end; updated, anticipated timeframe for aircraft
needs for multiple payload processing and (2) in subparagraph (B), by inserting ‘‘or’’ entering into service that produce 50 percent
launch vehicle processing; after the comma at the end; and less noise and emissions than the highest
(3) enhancements to range capacity and (3) by inserting after subparagraph (B) the performing aircraft in service as of Decem-
flexibility; and following: ber 31, 2019.
(4) such other projects as the Adminis- ‘‘(C) necessary for post-flight transpor- SEC. 2687. REMEDIATION OF SITES CONTAMI-
trator considers appropriate to meet the tation of United States Government astro- NATED WITH TRICHLOROETHYLENE.
goals described in subsection (a). nauts, and other astronauts subject to reim- (a) IDENTIFICATION OF SITES.—Not later
(c) REQUIREMENTS.—In carrying out the bursable arrangements, returning from space than 180 days after the date of the enactment
program under subsection (a), the Adminis- for the performance of medical research, of this division, the Administrator shall
trator shall— monitoring, diagnosis, or treatment, or identify sites of the Administration con-
(1) identify and prioritize investments in other official duties, prior to receiving post- taminated with trichloroethylene.
projects that can be used by multiple users flight medical clearance to operate a motor (b) REPORT REQUIRED.—Not later than 1
and launch vehicles, including non-NASA vehicle,’’. year after the date of the enactment of this
ctelli on DSK11ZRN23PROD with SENATE
users and launch vehicles; and SEC. 2684. USE OF COMMERCIAL NEAR-SPACE division, the Administrator shall submit to
(2) limit investments to projects that BALLOONS. the appropriate committees of Congress a re-
would not otherwise be funded by a NASA (a) SENSE OF CONGRESS.—It is the sense of port that includes—
program, such as an institutional or pro- Congress that the use of an array of capabili- (1) the recommendations of the Adminis-
grammatic infrastructure program. ties, including the use of commercially trator for remediating the sites identified
(d) RULE OF CONSTRUCTION.—Nothing in available near-space balloon assets, is in the under subsection (a) during the 5-year period
this section shall preclude a NASA program, best interest of the United States. beginning on the date of the report; and
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1373
(2) an estimate of the financial resources SEC. 2691. STUDY ON COMMERCIAL COMMUNICA- Sec. 3135. Sense of Congress condemning
necessary to implement those recommenda- TIONS SERVICES. anti-Asian racism and discrimi-
tions. (a) SENSE OF CONGRESS.—It is the sense of nation.
SEC. 2688. REVIEW ON PREFERENCE FOR DOMES- Congress that— Sec. 3136. Supporting independent media and
TIC SUPPLIERS. (1) enhancing the ability of researchers to countering disinformation.
conduct and interact with experiments while Sec. 3137. Global engagement center.
(a) SENSE OF CONGRESS.—It is the Sense of
in flight would make huge advancements in Sec. 3138. Review by Committee on Foreign
Congress that the Administration should, to
the overall profitability of conducting re- Investment in the United
the maximum extent practicable and with
search on suborbit and low-Earth orbit pay- States of certain foreign gifts
due consideration of foreign policy goals and
loads; and to and contracts with institu-
obligations under Federal law—
(2) current NASA communications do not tions of higher education.
(1) use domestic suppliers of goods and
allow for real-time data collection, observa- Sec. 3139. Post-employment restrictions on
services; and
tion, or transmission of information. Senate-confirmed officials at
(2) ensure compliance with the Federal ac-
(b) STUDY.—The Administrator shall con- the Department of State.
quisition regulations, including subcontract
duct a study on the feasibility, impact, and Sec. 3140. Sense of Congress on prioritizing
flow-down provisions.
cost of using commercial communications nomination of qualified ambas-
(b) REVIEW.—
programs services for suborbital flight pro- sadors to ensure proper diplo-
(1) IN GENERAL.—Not later than 180 days
grams and low-Earth orbit research. matic positioning to counter
after the date of the enactment of this divi-
(c) REPORT.—Not later than 18 months Chinese influence.
sion, the Administrator shall undertake a
after the date of the enactment of this divi- Sec. 3141. China Censorship Monitor and Ac-
comprehensive review of the domestic sup-
sion, the Administrator shall submit to Con- tion Group.
plier preferences of the Administration and
gress and make publicly available a report
the obligations of the Administration under TITLE II—INVESTING IN ALLIANCES AND
that describes the results of the study con-
the Federal acquisition regulations to ensure PARTNERSHIPS
ducted under subsection (b).
compliance, particularly with respect to Subtitle A—Strategic and Diplomatic
Federal acquisition regulations provisions DIVISION C—STRATEGIC COMPETITION
ACT OF 2021 Matters
that apply to foreign-based subcontractors.
Sec. 3201. Appropriate committees of Con-
(2) ELEMENTS.—The review under para- SEC. 3001. SHORT TITLE; TABLE OF CONTENTS.
gress defined.
graph (1) shall include— (a) SHORT TITLE.—This Act may be cited as
Sec. 3202. United States commitment and
(A) an assessment as to whether the Ad- the ‘‘Strategic Competition Act of 2021’’.
support for allies and partners
ministration has provided funding for infra- (b) TABLE OF CONTENTS.—The table of con-
in the Indo-Pacific.
structure of a foreign-owned company or tents for this division is as follows:
State-sponsored entity in recent years; and Sec. 3203. Sense of Congress on cooperation
DIVISION C—STRATEGIC COMPETITION with the Quad.
(B) a review of any impact such funding ACT OF 2021
has had on domestic service providers. Sec. 3204. Establishment of Quad Intra-Par-
Sec. 3001. Short title; table of contents. liamentary Working Group.
(c) REPORT.—The Administrator shall sub-
Sec. 3002. Findings. Sec. 3205. Statement of policy on coopera-
mit to the appropriate committees of Con-
Sec. 3003. Definitions. tion with ASEAN.
gress a report on the results of the review.
Sec. 3004. Statement of policy. Sec. 3206. Sense of Congress on enhancing
SEC. 2689. REPORT ON USE OF COMMERCIAL Sec. 3005. Sense of Congress. United States–ASEAN coopera-
SPACEPORTS LICENSED BY THE
Sec. 3006. Rules of construction. tion on technology issues with
FEDERAL AVIATION ADMINISTRA-
TION. TITLE I—INVESTING IN A COMPETITIVE respect to the People’s Republic
FUTURE of China.
(a) IN GENERAL.—Not later than 1 year
Sec. 3207. Report on Chinese influence in
after the date of the enactment of this divi- Subtitle A—Science and Technology
international organizations.
sion, the Administrator shall submit to the Sec. 3101. Authorization to assist United Sec. 3208. Regulatory exchanges with allies
appropriate committees of Congress a report States companies with global and partners.
on the benefits of increased use of commer- supply chain diversification and Sec. 3209. Technology partnership office at
cial spaceports licensed by the Federal Avia- management. the Department of State.
tion Administration for NASA civil space
Subtitle B—Global Infrastructure and Sec. 3210. United States representation in
missions and operations.
Energy Development standards-setting bodies.
(b) ELEMENTS.—The report required by sub-
Sec. 3111. Appropriate committees of Con- Sec. 3211. Sense of Congress on centrality of
section (a) shall include the following:
gress defined. sanctions and other restrictions
(1) A description and assessment of current
Sec. 3112. Sense of Congress on international to strategic competition with
use of commercial spaceports licensed by the
quality infrastructure invest- China.
Federal Aviation Administration for NASA
ment standards. Sec. 3212. Sense of Congress on negotiations
civil space missions and operations.
Sec. 3113. United States support for infra- with G7 and G20 countries.
(2) A description and assessment of the
structure. Sec. 3213. Enhancing the United States-Tai-
benefits of increased use of such spaceports
Sec. 3114. Infrastructure Transaction and wan partnership.
for such missions and operations.
Assistance Network. Sec. 3214. Taiwan Fellowship Program.
(3) A description and assessment of the
Sec. 3115. Strategy for advanced and reliable Sec. 3215. Treatment of Taiwan government.
steps necessary to achieve increased use of
energy infrastructure. Sec. 3216. Taiwan symbols of sovereignty.
such spaceports for such missions and oper-
Sec. 3116. Report on the People’s Republic of Sec. 3217. Report on origins of the COVID–19
ations.
China’s investments in foreign pandemic.
SEC. 2690. ACTIVE ORBITAL DEBRIS MITIGATION. Sec. 3218. Enhancement of diplomatic sup-
energy development.
(a) SENSE OF CONGRESS.—It is the sense of Subtitle C—Digital Technology and port and economic engagement
Congress that— Connectivity with Pacific island countries.
(1) orbital debris, particularly in low-Earth Sec. 3219. Increasing Department of State
orbit, poses a hazard to NASA missions, par- Sec. 3121. Sense of Congress on digital tech-
personnel and resources de-
ticularly human spaceflight; and nology issues.
voted to the Indo-Pacific.
(2) progress has been made on the develop- Sec. 3122. Digital connectivity and cyberse-
Sec. 3219A. Advancing United States leader-
ment of guidelines for long-term space sus- curity partnership.
ship in the United Nations Sys-
tainability through the United Nations Com- Sec. 3123. Strategy for digital investment by
tem.
mittee on the Peaceful Uses of Outer Space. United States International De-
Sec. 3219B. Asia Reassurance Initiative Act
(b) REQUIREMENTS.—The Administrator velopment Finance Corpora-
of 2018.
should— tion.
Sec. 3219C. Statement of policy on need for
(1) ensure the policies and standard prac- Subtitle D—Countering Chinese Communist reciprocity in the relationship
tices of NASA meet or exceed international Party Malign Influence between the United States and
guidelines for spaceflight safety; and Sec. 3131. Short title. the People’s Republic of China.
(2) support the development of orbital de- Sec. 3132. Authorization of appropriations Sec. 3219D. Opposition to provision of assist-
bris mitigation technologies through contin- for countering Chinese Influ- ance to People’s Republic of
ctelli on DSK11ZRN23PROD with SENATE
ued research and development of concepts. ence Fund. China by Asian Development
(c) REPORT TO CONGRESS.—Not later than Sec. 3133. Findings on Chinese information Bank.
90 days after the date of the enactment of warfare and malign influence Sec. 3219E. Opposition to provision of assist-
this division, the Administrator shall submit operations. ance to People’s Republic of
to the appropriate committees of Congress a Sec. 3134. Authorization of appropriations China by International Bank
report on the status of implementing sub- for the Fulbright-Hays Pro- for Reconstruction and Devel-
section (b). gram. opment.
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S1374 CONGRESSIONAL RECORD — SENATE March 22, 2022
Sec. 3219F. United States policy on Chinese Sec. 3249. Engagement in international orga- Sec. 3304. Report on corrupt activities of
and Russian government efforts nizations and the defense sector senior officials of Government
to undermine the United Na- in Latin America and the Car- of the People’s Republic of
tions Security Council action ibbean. China.
on human rights. Sec. 3250. Addressing China’s sovereign lend- Sec. 3305. Removal of members of the United
Sec. 3219G. Deterring PRC use of force ing practices in Latin America Nations Human Rights Council
against Taiwan. and the Caribbean. that commit human rights
Sec. 3219H. Strategy to respond to sharp Sec. 3251. Defense cooperation in Latin abuses.
power operations targeting Tai- America and the Caribbean. Sec. 3306. Policy with respect to Tibet.
wan. Sec. 3252. Engagement with civil society in Sec. 3307. United States policy and inter-
Sec. 3219I. Study and report on bilateral ef- Latin America and the Carib- national engagement on the
forts to address Chinese bean regarding accountability, succession or reincarnation of
fentanyl trafficking. human rights, and the risks of the Dalai Lama and religious
Sec. 3219J. Investment, trade, and develop- pervasive surveillance tech- freedom of Tibetan Buddhists.
ment in Africa and Latin Amer- nologies. Sec. 3308. Sense of Congress on treatment of
ica and the Caribbean. Uyghurs and other ethnic mi-
Sec. 3219K. Facilitation of increased equity PART II—TRANSATLANTIC ALLIANCE
norities in the Xinjiang Uyghur
investments under the Better Sec. 3255. Sense of Congress on the Trans- Autonomous Region.
Utilization of Investments atlantic alliance. Sec. 3309. Development and deployment of
Leading to Development Act of Sec. 3256. Strategy to enhance transatlantic internet freedom and Great
2018. cooperation with respect to the Firewall circumvention tools
Subtitle B—International Security Matters People’s Republic of China. for the people of Hong Kong.
Sec. 3257. Enhancing Transatlantic coopera- Sec. 3310. Enhancing transparency on inter-
Sec. 3221. Definitions.
Sec. 3222. Findings. tion on promoting private sec- national agreements and non-
Sec. 3223. Sense of Congress regarding bol- tor finance. binding instruments.
stering security partnerships in Sec. 3258. Report and briefing on coopera- Sec. 3311. Authorization of appropriations
the Indo-Pacific. tion between China and Iran for protecting human rights in
Sec. 3224. Statement of policy. and between China and Russia. the People’s Republic of China.
Sec. 3225. Foreign military financing in the Sec. 3259. Promoting responsible develop- Sec. 3312. Diplomatic boycott of the XXIV
Indo-Pacific and authorization ment alternatives to the belt Olympic Winter Games and the
of appropriations for Southeast and road initiative. XIII Paralympic Winter Games.
Asia maritime security pro- PART III—SOUTH AND CENTRAL ASIA Sec. 3313. Repeal of sunset applicable to au-
grams and diplomatic outreach Sec. 3261. Sense of Congress on South and thority under Global
activities. Central Asia. Magnitsky Human Rights Ac-
Sec. 3226. Foreign military financing com- Sec. 3262. Strategy to enhance cooperation countability Act.
pact pilot program in the Indo- with South and Central Asia. TITLE IV—INVESTING IN OUR ECONOMIC
Pacific. STATECRAFT
Sec. 3227. Additional funding for inter- PART IV—AFRICA
national military education Sec. 3271. Assessment of political, economic, Sec. 3401. Findings and sense of Congress re-
and training in the Indo-Pa- and security activity of the garding the PRC’s industrial
cific. People’s Republic of China in policy.
Sec. 3228. Prioritizing excess defense article Africa. Sec. 3402. Intellectual property violators
transfers for the Indo-Pacific. Sec. 3272. Increasing the competitiveness of list.
Sec. 3229. Prioritizing excess naval vessel the United States in Africa. Sec. 3403. Government of the People’s Re-
transfers for the Indo-Pacific. Sec. 3273. Digital security cooperation with public of China subsidies list.
Sec. 3230. Statement of policy on maritime respect to Africa. Sec. 3404. Countering foreign corrupt prac-
freedom of operations in inter- Sec. 3274. Increasing personnel in United tices.
national waterways and air- States embassies in sub-Saha- Sec. 3405. Debt relief for countries eligible
space of the Indo-Pacific and on ran Africa focused on the Peo- for assistance from the Inter-
artificial land features in the ple’s Republic of China. national Development Associa-
South China Sea. Sec. 3275. Support for Young African Lead- tion.
Sec. 3231. Report on capability development ers Initiative. Sec. 3406. Report on manner and extent to
of Indo-Pacific allies and part- Sec. 3276. Africa broadcasting networks. which the Government of the
ners. People’s Republic of China ex-
PART V—MIDDLE EAST AND NORTH AFRICA ploits Hong Kong to circumvent
Sec. 3232. Report on national technology and
industrial base. Sec. 3281. Strategy to counter Chinese influ- United States laws and protec-
Sec. 3233. Report on diplomatic outreach ence in, and access to, the Mid- tions.
with respect to Chinese mili- dle East and North Africa. Sec. 3407. Annual review on the presence of
tary installations overseas. Sec. 3282. Sense of Congress on Middle East Chinese companies in United
Sec. 3234. Statement of policy regarding uni- and North Africa engagement. States capital markets.
versal implementation of PART VI—ARCTIC REGION Sec. 3408. Economic defense response teams.
United Nations sanctions on Sec. 3285. Arctic diplomacy. TITLE V—ENSURING STRATEGIC
North Korea. SECURITY
Sec. 3235. Limitation on assistance to coun- PART VII—OCEANIA
Sec. 3501. Findings on strategic security and
tries hosting Chinese military Sec. 3291. Statement of policy on United
arms control.
installations. States engagement in Oceania. Sec. 3502. Cooperation on a strategic nuclear
Subtitle C—Regional Strategies to Counter Sec. 3292. Oceania strategic roadmap. dialogue.
the People’s Republic of China Sec. 3293. Review of USAID programming in Sec. 3503. Report on United States efforts to
Sec. 3241. Statement of policy on coopera- Oceania. engage the People’s Republic of
tion with allies and partners Sec. 3294. Oceania Security Dialogue. China on nuclear issues and
around the world with respect Sec. 3295. Report on countering illegal, unre- ballistic missile issues.
to the People’s Republic of ported, and unregulated fishing Sec. 3504. Countering the People’s Republic
China. in Oceania. of China’s proliferation of bal-
Sec. 3296. Oceania Peace Corps partnerships. listic missiles and nuclear tech-
PART I—WESTERN HEMISPHERE
TITLE III—INVESTING IN OUR VALUES nology to the Middle East.
Sec. 3245. Sense of Congress regarding
United States-Canada relations. Sec. 3301. Authorization of appropriations SEC. 3002. FINDINGS.
Sec. 3246. Sense of Congress regarding the for promotion of democracy in Congress makes the following findings:
Government of the People’s Re- Hong Kong. (1) The People’s Republic of China (PRC) is
public of China’s arbitrary im- Sec. 3302. Imposition of sanctions relating to leveraging its political, diplomatic, eco-
prisonment of Canadian citi- forced labor in the Xinjiang nomic, military, technological, and ideolog-
zens. Uyghur Autonomous Region. ical power to become a strategic, near-peer,
ctelli on DSK11ZRN23PROD with SENATE
Sec. 3247. Strategy to enhance cooperation Sec. 3303. Imposition of sanctions with re- global competitor of the United States. The
with Canada. spect to systematic rape, coer- policies increasingly pursued by the PRC in
Sec. 3248. Strategy to strengthen economic cive abortion, forced steriliza- these domains are contrary to the interests
competitiveness, governance, tion, or involuntary contracep- and values of the United States, its partners,
human rights, and the rule of tive implantation in the and much of the rest of the world.
law in Latin America and the Xinjiang Uyghur Autonomous (2) The current policies being pursued by
Caribbean. Region. the PRC—
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1375
(A) threaten the future character of the objectives, regardless of other countries’ in- CCP engages in and encourages actions that
international order and are shaping the terests. actively undermine a free and open inter-
rules, norms, and institutions that govern (8) The PRC is reshaping the current inter- national market, such as intellectual prop-
relations among states; national order, which is built upon the rule erty theft, forced technology transfers, regu-
(B) will put at risk the ability of the of law and free and open ideals and prin- latory and financial subsidies, and manda-
United States to secure its national inter- ciples, by conducting global information and tory CCP access to proprietary data as part
ests; and influence operations, seeking to redefine of business and commercial agreements be-
(C) will put at risk the future peace, pros- international laws and norms to align with tween Chinese and foreign companies.
perity, and freedom of the international the objectives of the CCP, rejecting the le- (15) The policies referred to in paragraph
community in the coming decades. gitimacy of internationally recognized (14) are designed to freeze United States and
(3) After normalizing diplomatic relations human rights, and seeking to co-opt the other foreign firms out of the PRC market,
with the PRC in 1979, the United States ac- leadership and agenda of multinational orga- while eroding competition in other impor-
tively worked to advance the PRC’s eco- nizations for the benefit of the PRC and tant markets. The heavy subsidization of
nomic and social development to ensure that other authoritarian regimes at the expense Chinese companies includes potential viola-
the PRC participated in, and benefitted of the interests of the United States and the tion of its World Trade Organization com-
from, the free and open international order. international community. In December 2018, mitments. In May 2018, President Xi said
The United States pursued these goals and President Xi suggested that the CCP views that the PRC aims to keep the ‘‘initiatives
contributed to the welfare of the Chinese its ‘‘historic mission’’ as not only to govern of innovation and development security . . .
China, but also to profoundly influence glob-
people by— in [China’s] own hands’’.
al governance to benefit the CCP.
(A) increasing the PRC’s trade relations (16) The PRC is advancing its global objec-
(9) The PRC is encouraging other countries
and access to global capital markets; tives through a variety of avenues, including
to follow its model of ‘‘socialism with Chi-
(B) promoting the PRC’s accession to the its signature initiative, the Belt and Road
nese characteristics’’. During the 19th Party
World Trade Organization; Initiative (BRI), which is enshrined in the
Congress in 2017, President Xi said that the
(C) providing development finance and Chinese Constitution and includes the Dig-
PRC could serve as a model of development
technical assistance; ital Silk Road and Health Silk Road. The
for other countries by utilizing ‘‘Chinese wis-
(D) promoting research collaboration; dom’’ and a ‘‘Chinese approach to solving PRC describes BRI as a straightforward and
(E) educating the PRC’s top students; problems’’. wholly beneficial plan for all countries. How-
(F) permitting transfers of cutting-edge (10) The PRC is promoting its governance ever, it eventually seeks to advance an eco-
technologies and scientific knowledge; and model and attempting to weaken other mod- nomic system with the PRC at its center,
(G) providing intelligence and military as- els of governance by— making it the most concrete geographical
sistance. (A) undermining democratic institutions; representation of the PRC’s global ambi-
(4) It is now clear that the PRC has chosen (B) subverting financial institutions; tions. BRI increases the economic influence
to pursue state-led, mercantilist economic (C) coercing businesses to accommodate of state-owned Chinese firms in global mar-
policies, an increasingly authoritarian gov- the policies of the PRC; and kets, enhances the PRC’s political leverage
ernance model at home through increased re- (D) using disinformation to disguise the with government leaders around the world,
strictions on personal freedoms, and an ag- nature of the actions described in subpara- and provides greater access to strategic
gressive and assertive foreign policy. These graphs (A) through (C). nodes such as ports and railways. Through
policies frequently and deliberately under- (11) The PRC is close to its goal of becom- BRI, the PRC seeks political deference
mine United States interests and are con- ing the global leader in science and tech- through economic dependence.
trary to core United States values and the nology. In May 2018, President Xi said that (17) The PRC is executing a plan to estab-
values of other nations, both in the Indo-Pa- for the PRC to reach ‘‘prosperity and reju- lish regional hegemony over the Indo-Pacific
cific and beyond. In response to this stra- venation’’, it needs to ‘‘endeavor to be a and displace the United States from the re-
tegic decision of the Chinese Communist major world center for science and innova- gion. As a Pacific power, the United States
Party (CCP), the United States has been tion’’. The PRC has invested the equivalent has built and supported enduring alliances
compelled to reexamine and revise its strat- of billions of dollars into education and re- and economic partnerships that secure peace
egy towards the PRC. search and development, and has established and prosperity and promote the rule of law
(5) The General Secretary of the CCP and joint scientific research centers and science and political pluralism in a free and open
the President of the PRC, Xi Jinping, has universities. Indo-Pacific. In contrast, the PRC uses eco-
elevated the ‘‘Great Rejuvenation of the Chi- (12) The PRC’s drive to become a ‘‘manu- nomic and military coercion in the region to
nese Nation’’ as central to the domestic and facturing and technological superpower’’ and secure its own interests.
foreign policy of the PRC. His program de- to promote ‘‘innovation with Chinese charac- (18) The PRC’s military strategy seeks to
mands— teristics’’ is coming at the expense of human keep the United States military from oper-
(A) strong, centralized CCP leadership; rights and longstanding international rules ating in the Western Pacific and to erode
(B) concentration of military power; and norms with respect to economic com- United States security guarantees.
(C) a strong role for the CCP in the state petition, and presents a challenge to United (19) The PRC is aggressively pursuing ex-
and the economy; States national security and the security of clusive control of critical land routes, sea
(D) an aggressive foreign policy seeking allies and like-minded countries. In par- lanes, and air space in the Indo-Pacific in the
control over broadly asserted territorial ticular, the PRC advances its illiberal polit- hopes of eventually exercising greater influ-
claims; and ical and social policies through mass surveil- ence beyond the region. This includes lanes
(E) the denial of any values and individual lance, social credit systems, and a signifi- crucial to commercial activity, energy ex-
rights that are deemed to threaten the CCP. cant role of the state in internet governance. ploration, transport, and the exercise of se-
(6) The PRC views its Leninist model of Through these means, the PRC increases di- curity operations in areas permitted under
governance, ‘‘socialism with Chinese charac- rect and indirect government control over international law.
teristics’’, as superior to, and at odds with, its citizens’ everyday lives. Its national (20) The PRC seeks so-called ‘‘reunifica-
the constitutional models of the United strategy of ‘‘Military-Civil Fusion’’ man- tion’’ with Taiwan through whatever means
States and other democracies. This approach dates that civil and commercial research, may ultimately be required. The CCP’s in-
to governance is lauded by the CCP as essen- which increasingly drives global innovation, sistence that so-called ‘‘reunification’’ is
tial to securing the PRC’s status as a global is leveraged to develop new military capa- Taiwan’s only option makes this goal inher-
leader, and to shaping the future of the bilities. ently coercive. In January 2019, President Xi
world. In a 2013 speech, President Xi said, (13) The PRC and the CCP are committing stated that the PRC ‘‘make[s] no promise to
‘‘We firmly believe that as socialism with crimes against humanity and are engaged in renounce the use of force and reserve[s] the
Chinese characteristics develops further . . . an ongoing genocide, in violation of the Con- option of taking all necessary means’’. Tai-
it is . . . inevitable that the superiority of vention on the Prevention and Punishment wan’s embodiment of democratic values and
our socialist system will be increasingly ap- of the Crime of Genocide, done at Paris De- economic liberalism challenges President
parent . . . [and] our country’s road of devel- cember 9, 1948, against the predominantly Xi’s goal of achieving national rejuvenation.
opment will have increasingly greater influ- Muslim Uyghurs and other ethnic and reli- The PRC plans to exploit Taiwan’s dominant
ence on the world.’’. gious minority groups in the Xinjiang strategic position in the First Island Chain
(7) The PRC’s objectives are to first estab- Uyghur Autonomous Region, including and to project power into the Second Island
lish regional hegemony over the Indo-Pacific through campaigns of imprisonment, tor- Chain and beyond.
and then to use that dominant position to ture, rape, and coercive birth prevention (21) In the South China Sea, the PRC has
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propel the PRC to become the ‘‘leading world policies. executed an illegal island-building campaign
power,’’ shaping an international order that (14) The PRC is using legal and illegal that threatens freedom of navigation and the
is conducive to the CCP’s interests. Achiev- means to achieve its objective of becoming a free-flow of commerce, damages the environ-
ing these objectives require turning the PRC manufacturing and technological super- ment, bolsters PLA power projection capa-
into a wealthy nation under strict CCP rule power. The PRC uses state-directed indus- bilities, and coerces and intimidates other
and using a strong military and advanced trial policies in anticompetitive ways to en- regional claimants in an effort to advance its
technological capability to pursue the PRC’s sure the dominance of PRC companies. The unlawful claims and control the waters
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S1376 CONGRESSIONAL RECORD — SENATE March 22, 2022
around neighboring countries. Despite Presi- (27) The United States’ policy of strategic (A) maintain confidence in United States
dent Xi’s September 2015 speech, in which he competition with respect to the PRC is part leadership and its commitment to the Indo-
said the PRC did not intend to militarize the of a broader strategic approach to the Indo- Pacific region;
South China Sea, during the 2017 19th Party Pacific and the world which centers around (B) can withstand and combat subversion
Congress, President Xi announced that ‘‘con- cooperation with United States allies and and undue influence by the PRC; and
struction on islands and reefs in the South partners to advance shared values and inter- (C) align themselves with the United
China Sea have seen steady progress’’. ests and to preserve and enhance a free, States in setting global rules, norms, and
(22) The PRC is rapidly modernizing the open, democratic, inclusive, rules-based, sta- standards that benefit the international
PLA to attain a level of capacity and capa- ble, and diverse region. community.
bility superior to the United States in terms (28) The Asia Reassurance Initiative Act of (4) The combined weight of the United
of equipment and conduct of modern mili- 2018 (Public Law 115–409) contributed to a States and its allies and partners is strong
tary operations by shifting its military doc- comprehensive framework for promoting enough to demonstrate to the PRC that the
trine from having a force ‘‘adequate [for] United State security interests, economic in- risks of attempts to dominate other states
China’s defensive needs’’ to having a force terests, and values in the Indo-Pacific re- outweigh the potential benefits.
‘‘commensurate with China’s international gion, investing $7,500,000,000 over 5 years— (5) The United States leads the free and
status’’. Ultimately, this transformation (A) to support greater security and defense open international order, which is comprised
could enable China to impose its will in the cooperation between the United States and of resilient states and institutions that up-
Indo-Pacific region through the threat of allies and partners in the Indo-Pacific re- hold and defend principles, such as sov-
military force. In 2017, President Xi estab- gion; ereignty, rule of law, individual freedom, and
lished the following developmental bench- (B) to advance democracy and the protec- human rights. The international order is
marks for the advancement of the PLA: tion and promotion of human rights in the strengthened to defeat attempts at desta-
(A) A mechanized force with increased Indo-Pacific region; bilization by illiberal and authoritarian ac-
informatized and strategic capabilities by (C) to enhance cybersecurity cooperation tors.
2020. between the United States and partners in (6) The key rules, norms, and standards of
(B) The complete modernization of China’s the Indo-Pacific; international engagement in the 21st cen-
national defense by 2035. (D) to deepen people-to-people engagement tury are maintained, including—
(C) The full transformation of the PLA through programs such as the Young South- (A) the protection of human rights, com-
into a world-class force by 2050. east Asian Leaders Initiative and the mercial engagement and investment, and
(23) The PRC’s strategy and supporting ASEAN Youth Volunteers program; and technology; and
policies described in this section undermine (E) to enhance energy cooperation and en- (B) that such rules, norms, and standards
United States interests, such as— ergy security in the Indo-Pacific region. are in alignment with the values and inter-
(A) upholding a free and open international SEC. 3003. DEFINITIONS. ests of the United States, its allies and part-
order; ners, and the free world.
In this division: (7) The United States assures that the CCP
(B) maintaining the integrity of inter- (1) APPROPRIATE CONGRESSIONAL COMMIT-
national institutions with liberal norms and does not—
TEES.—The term ‘‘appropriate congressional
values; (A) subvert open and democratic societies;
committees’’ means— (B) distort global markets;
(C) preserving a favorable balance of power (A) the Committee on Foreign Relations of
in the Indo-Pacific; (C) manipulate the international trade sys-
the Senate; and tem;
(D) ensuring the defense of its allies; (B) the Committee on Foreign Affairs of
(E) preserving open sea and air lanes; (D) coerce other nations via economic and
the House of Representatives. military means; or
(F) fostering the free flow of commerce (2) CCP.—The term ‘‘CCP’’ means the Chi-
through open and transparent markets; and (E) use its technological advantages to un-
nese Communist Party. dermine individual freedoms or other states’
(G) promoting individual freedom and (3) INDO-PACIFIC REGION.—The terms ‘‘Indo-
human rights. national security interests.
Pacific’’ and ‘‘Indo-Pacific region’’ mean the (8) The United States deters military con-
(24) The global COVID–19 pandemic has in- 37 countries and the surrounding waterways
tensified and accelerated these trends in the frontation with the PRC and both nations
that are under the area of responsibility of work to reduce the risk of conflict.
PRC’s behavior and therefore increased the the U.S. Indo-Pacific Command. These coun-
need for United States global leadership and tries are: Australia, Bangladesh, Bhutan, (b) POLICY.—It is the policy of the United
a competitive posture. The PRC has capital- Brunei, Burma, Cambodia, China, Fiji, India, States, in pursuit of the objectives set forth
ized on the world’s focus on the COVID–19 Indonesia, Japan, Kiribati, Laos, Malaysia, in subsection (a)—
pandemic by— Maldives, Marshall Islands, Micronesia, Mon- (1) to strengthen the United States domes-
(A) moving rapidly to undermine Hong golia, Nauru, Nepal, New Zealand, North tic foundation by reinvesting in market-
Kong’s autonomy, including imposing a so- Korea, Palau, Papua New Guinea, Phil- based economic growth, education, scientific
called ‘‘national security law’’ on Hong ippines, Republic of Korea, Samoa, Singa- and technological innovation, democratic in-
Kong; pore, Solomon Islands, Sri Lanka, Taiwan, stitutions, and other areas that improve the
(B) aggressively imposing its will in the Thailand, Timor-Leste, Tonga, Tuvalu, ability of the United States to pursue its
East and South China Seas; Vanuatu, and Vietnam. vital economic, foreign policy, and national
(C) contributing to increased tensions with (4) PEOPLE’S LIBERATION ARMY; PLA.—The security interests;
India; and terms ‘‘People’s Liberation Army’’ and (2) to pursue a strategy of strategic com-
(D) engaging in a widespread and govern- ‘‘PLA’’ mean the armed forces of the Peo- petition with the PRC in the political, diplo-
ment-directed disinformation campaign to ple’s Republic of China. matic, economic, development, military, in-
obscure the PRC government’s efforts to (5) PRC; CHINA.—The terms ‘‘PRC’’ and formational, and technological realms that
cover up the seriousness of COVID–19, sow ‘‘China’’ mean the People’s Republic of maximizes the United States’ strengths and
confusion about the origination of the out- China. increases the costs for the PRC of harming
break, and discredit the United States, its United States interests and the values of
allies, and global health efforts. SEC. 3004. STATEMENT OF POLICY. United States allies and partners;
(25) The CCP’s disinformation campaign re- (a) OBJECTIVES.—It is the policy of the (3) to lead a free, open, and secure inter-
ferred to in paragraph (24)(D) has included— United States, in pursuing strategic com- national system characterized by freedom
(A) concerted efforts, in the early days of petition with the PRC, to pursue the fol- from coercion, rule of law, open markets and
the pandemic, to downplay the nature and lowing objectives: the free flow of commerce, and a shared com-
scope of the outbreak in Wuhan in the PRC, (1) The United States global leadership role mitment to security and peaceful resolution
as well as cases of person-to-person trans- is sustained and its political system and of disputes, human rights, and good and
mission; major foundations of national power are pos- transparent governance;
(B) claims that the virus originated in tured for long-term political, economic, (4) to strengthen and deepen United States
United States biological defense research at technological, and military competition alliances and partnerships, prioritizing the
Fort Detrick, Maryland; with the PRC. Indo-Pacific and Europe, by pursuing greater
(C) Chinese state media reports insinuating (2) The balance of power in the Indo-Pa- bilateral and multilateral cooperative initia-
a possible link between the virus and other cific remains favorable to the United States tives that advance shared interests and val-
United States biological facilities; and and its allies. The United States and its al- ues and bolster partner countries’ confidence
(D) efforts to block access to qualified lies maintain unfettered access to the re- that the United States is and will remain a
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international infectious disease experts who gion, including through freedom of naviga- strong, committed, and constant partner;
might contradict the CCP’s narrative. tion and the free flow of commerce, con- (5) to encourage and collaborate with
(26) In response to the PRC’s strategy and sistent with international law and practice, United States allies and partners in boosting
policies, the United States must adopt a pol- and the PRC neither dominates the region their own capabilities and resiliency to pur-
icy of strategic competition with the PRC to nor coerces its neighbors. sue, defend, and protect shared interests and
protect and promote our vital interests and (3) The allies and partners of the United values, free from coercion and external pres-
values. States— sure;
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1377
(6) to pursue fair, reciprocal treatment and (D) uphold a free press and fact-based re- (A) to marshal sustained political will to
healthy competition in United States-China porting; protect its vital interests, promote its val-
economic relations by— (14) to develop comprehensive and holistic ues, and advance its economic and national
(A) advancing policies that harden the strategies and policies to counter PRC security objectives for decades to come; and
United States economy against unfair and il- disinformation campaigns; (B) to achieve this sustained political will,
legal commercial or trading practices and (15) to demonstrate effective leadership at persuade the American people and United
the coercion of United States businesses; and the United Nations, its associated agencies, States allies and partners of—
(B) tightening United States laws and reg- and other multilateral organizations and de- (i) the challenges posed by the PRC; and
ulations as necessary to prevent the PRC’s fend the integrity of these organizations (ii) the need for long-term competition to
attempts to harm United States economic against co-optation by illiberal and authori- defend shared interests and values.
competitiveness; tarian nations; (2) The United States must coordinate
(7) to demonstrate the value of private sec- (16) to prioritize the defense of funda- closely with allies and partners to compete
tor-led growth in emerging markets around mental freedoms and human rights in the effectively with the PRC, including to en-
the world, including through the use of United States relationship with the PRC; courage allies and partners to assume, as ap-
United States Government tools that— (17) to cooperate with allies, partners, and propriate, greater roles in balancing and
(A) support greater private sector invest- multilateral organizations, leveraging their checking the aggressive and assertive behav-
ment and advance capacity-building initia- significant and growing capabilities to build ior of the PRC.
tives that are grounded in the rule of law; a network of like-minded states that sus- (3) The President of the United States
tains and strengthens a free and open order
(B) promote open markets; must lead and direct the entire executive
and addresses regional and global challenges
(C) establish clear policy and regulatory branch to treat the People’s Republic of
to hold the Government of the PRC account-
frameworks; China as the greatest geopolitical and
able for—
(D) improve the management of key eco- geoeconomic challenge for United States for-
(A) violations and abuses of human rights;
nomic sectors; eign policy, increasing the prioritization of
(B) restrictions on religious practices; and
(E) combat corruption; and strategic competition with the PRC and
(C) undermining and abrogating treaties,
(F) foster and support greater collabora- broader United States interests in the Indo-
other international agreements, and other
tion with and among partner countries and international norms related to human Pacific region in the conduct of foreign pol-
the United States private sector to develop rights; icy and assuring the allocation of appro-
secure and sustainable infrastructure; (18) to expose the PRC’s use of corruption, priate resources adequate to the challenge.
(8) to lead in the advancement of inter- repression, coercion, and other malign be- (4) The head of every Federal department
national rules and norms that foster free and havior to attain unfair economic advantages and agency should designate a senior official
reciprocal trade and open and integrated and to pressure other nations to defer to its at the level of Under Secretary or above to
markets; political and strategic objectives; coordinate the department’s or agency’s
(9) to conduct vigorous commercial diplo- (19) to maintain United States access to policies with respect to strategic competi-
macy in support of United States companies the Western Pacific, including by— tion with the PRC.
and businesses in partner countries that seek (A) increasing United States forward-de- (5) The ability of the United States to exe-
fair competition; ployed forces in the Indo-Pacific region; cute a strategy of strategic competition with
(10) to ensure that the United States leads (B) modernizing the United States military the PRC will be undermined if our attention
in the innovation of critical and emerging through investments in existing and new is repeatedly diverted to challenges that are
technologies, such as next-generation tele- platforms, emerging technologies, critical not vital to United States economic and na-
communications, artificial intelligence, in-theater force structure and enabling capa- tional security interests.
quantum computing, semiconductors, and bilities, joint operational concepts, and a di- (6) In the coming decades, the United
biotechnology, by— verse, operationally resilient and politically States must prevent the PRC from—
(A) providing necessary investment and sustainable posture; and (A) establishing regional hegemony in the
concrete incentives for the private sector to (C) operating and conducting exercises Indo-Pacific; and
accelerate development of such technologies; with allies and partners— (B) using that position to advance its as-
(B) modernizing export controls and in- (i) to mitigate the PLA’s ability to project sertive political, economic, and foreign pol-
vestment screening regimes and associated power and establish contested zones within icy goals around the world.
policies and regulations; the First and Second Island Chains; (7) The United States must ensure that the
(C) enhancing United States leadership in (ii) to diminish the ability of the PLA to Federal budget is properly aligned with the
technical standards-setting bodies and ave- coerce its neighbors; strategic imperative to compete with the
nues for developing norms regarding the use (iii) to maintain open sea and air lanes, PRC by—
of emerging critical technologies; particularly in the Taiwan Strait, the East (A) ensuring sufficient levels of funding to
(D) reducing United States barriers and in- China Sea, and the South China Sea; and resource all instruments of United States na-
creasing incentives for collaboration with al- (iv) to project power from the United tional power; and
lies and partners on the research and co-de- States and its allies and partners to dem- (B) coherently prioritizing how such funds
velopment of critical technologies; onstrate the ability to conduct contested lo- are used.
(E) collaborating with allies and partners gistics; (8) Sustained prioritization of the chal-
to protect critical technologies by— (20) to deter the PRC from— lenge posed by the PRC requires—
(i) crafting multilateral export control (A) coercing Indo-Pacific nations, includ- (A) bipartisan cooperation within Con-
measures; ing by developing more combat-credible gress; and
(ii) building capacity for defense tech- forces that are integrated with allies and (B) frequent, sustained, and meaningful
nology security; partners in contact, blunt, and surge layers collaboration and consultation between the
(iii) safeguarding chokepoints in supply and able to defeat any PRC theory of victory executive branch and Congress.
chains; and in the First or Second Island Chains of the (9) The United States must ensure close in-
(iv) ensuring diversification; and Western Pacific and beyond, as called for in tegration among economic and foreign pol-
(F) designing major defense capabilities for the 2018 National Defense Strategy; icymakers, the private sector, civil society,
export to allies and partners; (B) using grey-zone tactics below the level universities and academic institutions, and
(11) to enable the people of the United of armed conflict; or other relevant actors in free and open soci-
States, including the private sector, civil so- (C) initiating armed conflict; eties affected by the challenges posed by the
ciety, universities and other academic insti- (21) to strengthen United States-PRC mili- PRC to enable such actors—
tutions, State and local legislators, and tary-to-military communication and im- (A) to collaborate to advance common in-
other relevant actors to identify and remain prove de-escalation procedures to de-conflict terests; and
vigilant to the risks posed by undue influ- operations and reduce the risk of unwanted (B) to identify appropriate policies—
ence of the CCP in the United States; conflict, including through high-level visits (i) to strengthen the United States and its
(12) to implement measures to mitigate the and recurrent exchanges between civilian allies;
risks referred to in paragraph (11), while still and military officials and other measures, in (ii) to promote a compelling vision of a
preserving opportunities for economic en- alignment with United States interests; and free and open order; and
gagement, academic research, and coopera- (22) to cooperate with the PRC if interests (iii) to push back against detrimental poli-
tion in other areas where the United States align, including through bilateral or multi- cies pursued by the CCP.
and the PRC share interests; lateral means and at the United Nations, as (10) The United States must ensure that all
ctelli on DSK11ZRN23PROD with SENATE
(13) to collaborate with advanced democ- appropriate. Federal departments and agencies are orga-
racies and other willing partners to promote SEC. 3005. SENSE OF CONGRESS. nized to reflect the fact that strategic com-
ideals and principles that— It is the sense of Congress that the execu- petition with the PRC is the United States’
(A) advance a free and open international tion of the policy described in section 3004(b) greatest geopolitical and geoeconomic chal-
order; requires the following actions: lenge, including through the assigned mis-
(B) strengthen democratic institutions; (1) Strategic competition with the PRC sions and location of United States Govern-
(C) protect and promote human rights; and will require the United States— ment personnel, by—
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S1378 CONGRESSIONAL RECORD — SENATE March 22, 2022
(A) dedicating more personnel in the Indo- (3) navigating legal, regulatory, or other (1) Respect for the sovereignty of countries
Pacific region, at posts around the world, challenges in the course of the activities de- in which infrastructure investments are
and in Washington DC, with priorities di- scribed in paragraphs (1) and (2); and made.
rectly relevant to advancing competition (4) identifying alternative markets for pro- (2) Anti-corruption.
with the People’s Republic of China; duction or sourcing outside of the PRC, in- (3) Rule of law.
(B) placing greater numbers of foreign cluding through providing market intel- (4) Human rights and labor rights.
service officers, international development ligence, facilitating contact with reliable (5) Fiscal and debt sustainability.
professionals, members of the foreign com- local partners as appropriate, and other serv- (6) Social and governance safeguards.
mercial service, intelligence professionals, ices. (7) Transparency.
and other United States Government per- (b) CHIEF OF MISSION OVERSIGHT.—The per- (8) Environmental and energy standards.
sonnel in the Indo-Pacific region; and sons hired to perform the services described (b) SENSE OF CONGRESS.—It is the sense of
(C) ensuring that this workforce, both ci- in subsection (a) shall— Congress that the United States should
vilian and military, has the training in lan- (1) be under the authority of the United launch a series of fora around the world
guage, technical skills, and other com- States Chief of Mission in the country in showcasing the commitment of the United
petencies required to advance a successful which they are hired, in accordance with ex- States and partners of the United States to
competitive strategy with the PRC. isting United States laws; high-quality development cooperation, in-
(11) The United States must place renewed (2) coordinate with Department of State cluding with respect to the issues described
emphasis on strengthening the nonmilitary and Department of Commerce officers; and in subsection (a).
instruments of national power, including di- (3) coordinate with United States missions SEC. 3113. UNITED STATES SUPPORT FOR INFRA-
plomacy, information, technology, econom- STRUCTURE.
and relevant local partners in other coun-
ics, foreign assistance and development fi- tries as needed to carry out the services de- (a) FINDINGS.—The Global Infrastructure
nance, commerce, intelligence, and law en- scribed in subsection (a). Coordinating Committee (GICC) was estab-
forcement, which are crucial for addressing (c) PRIORITIZATION OF MICRO-, SMALL-, AND lished to coordinate the efforts of the De-
the unique economic, political, and ideolog- MEDIUM-SIZED ENTERPRISES.—The services partment of State, the Department of Com-
ical challenges posed by the PRC. described in subsection (a) shall be merce, the Department of the Treasury, the
(12) The United States must sustain prioritized for assisting micro-, small-, and Department of Energy, the Department of
resourcing for a Pacific Deterrence Initia- medium-sized enterprises with regard to the Transportation, the United States Agency
tive, which shall be aligned with the over- matters described in subsection (a). for International Development, the United
arching political and diplomatic objectives (d) AUTHORIZATION OF APPROPRIATIONS.— States Trade and Development Agency, the
articulated in the Asia Reassurance Initia- There is authorized to be appropriated Development Finance Corporation, the Ex-
$15,000,000 for each of fiscal years 2022 port-Import Bank of the United States, and
tive Act (Public Law 115–409), and must
through 2026 for the purposes of carrying out other agencies to catalyze private sector in-
prioritize the military investments nec-
this section. vestments around the world and to coordi-
essary to achieve United States political ob-
(e) PROHIBITION ON ACCESS TO ASSISTANCE nate the deployment of United States Gov-
jectives in the Indo-Pacific, including—
BY FOREIGN ADVERSARIES.—None of the funds ernment technical assistance and develop-
(A) promoting regional security in the ment finance tools, including project prepa-
Indo-Pacific; appropriated pursuant to this section may be
provided to an entity— ration services and commercial advocacy.
(B) reassuring allies and partners while (b) SENSE OF CONGRESS.—It is the sense of
protecting them from coercion; and (1) under the foreign ownership, control, or
influence of the Government of the People’s Congress that—
(C) deterring conflict with the PRC. (1) the world’s infrastructure needs, includ-
(13) Competition with the PRC requires the Republic of China or the Chinese Communist
ing in the transport, energy, and digital sec-
United States’ skillful adaptation to the in- Party, or other foreign adversary;
tors, are vast and growing;
formation environment of the 21st century. (2) determined to have beneficial owner-
(2) total or partial ownership or acquisi-
United States public diplomacy and mes- ship from foreign individuals subject to the
tion of, or a significant financial stake or
saging efforts must effectively— jurisdiction, direction, or influence of for-
physical presence in, certain types of infra-
(A) promote the value of partnership with eign adversaries; and
structure, including ports, energy grids, 5G
the United States; (3) that has any contract in effect at the
telecommunications networks, and undersea
(B) highlight the risks and costs of time of the receipt of such funds, or has had
cables, can provide an advantage to coun-
enmeshment with the PRC; and a contract within the previous one year that
tries that do not share the interests and val-
(C) counter CCP propaganda and is no longer in effect, with— ues of the United States and its allies and
disinformation. (A) the Government of the People’s Repub- partners, and could therefore be deleterious
SEC. 3006. RULES OF CONSTRUCTION. lic of China; to the interests and values of the United
(a) APPLICABILITY OF EXISTING RESTRIC- (B) the Chinese Communist Party; States and its allies and partners;
TIONS ON ASSISTANCE TO FOREIGN SECURITY (C) the Chinese military; (3) the United States must continue to
FORCES.—Nothing in this division shall be (D) an entity majority-owned, majority- prioritize support for infrastructure projects
construed to diminish, supplant, supersede, controlled, or majority-financed by the Gov- that are physically secure, financially via-
or otherwise restrict or prevent responsibil- ernment of the People’s Republic of China, ble, economically sustainable, and socially
ities of the United States Government under the CCP, or the Chinese military; or responsible;
section 620M of the Foreign Assistance Act (E) a parent, subsidiary, or affiliate of an (4) achieving the objective outlined in
of 1961 (22 U.S.C. 2378d) or section 362 of title entity described in subparagraph (D). paragraph (3) requires the coordination of all
10, United States Code. (f) DEFINITIONS.—The terms ‘‘foreign own- United States Government economic tools
(b) NO AUTHORIZATION FOR THE USE OF MILI- ership, control, or influence’’ and ‘‘FOCI’’ across the interagency, so that such tools
TARY FORCE.—Nothing in this division may have the meanings given those terms in the are deployed in a way to maximize United
be construed as authorizing the use of mili- National Industrial Security Program Oper- States interests and that of its allies and
tary force. ating Manual (DOD 5220.22–M), or a successor partners;
TITLE I—INVESTING IN A COMPETITIVE document. (5) the GICC represents an important and
FUTURE Subtitle B—Global Infrastructure and Energy concrete step towards better communication
Subtitle A—Science and Technology Development and coordination across the United States
SEC. 3101. AUTHORIZATION TO ASSIST UNITED SEC. 3111. APPROPRIATE COMMITTEES OF CON- Government of economic tools relevant to
STATES COMPANIES WITH GLOBAL GRESS DEFINED. supporting infrastructure that is physically
SUPPLY CHAIN DIVERSIFICATION In this subtitle, the term ‘‘appropriate secure, financially viable, economically sus-
AND MANAGEMENT. committees of Congress’’ means— tainable, and socially responsible, and should
(a) AUTHORIZATION TO CONTRACT SERV- (1) the Committee on Foreign Relations be continued; and
ICES.—The Secretary of State, in coordina- and the Committee on Appropriations of the (6) the executive branch and Congress
tion with the Secretary of Commerce, is au- Senate; and should have consistent consultations on
thorized to establish a program to facilitate (2) the Committee on Foreign Affairs and United States support for strategic infra-
the contracting by the Department of State the Committee on Appropriations of the structure projects, including how Congress
for the professional services of qualified ex- House of Representatives. can support such initiatives in the future.
perts, on a reimbursable fee for service basis, SEC. 3112. SENSE OF CONGRESS ON INTER- (c) REPORTING REQUIREMENT.—Not later
to assist interested United States persons NATIONAL QUALITY INFRASTRUC- than 180 days after the date of the enactment
and business entities with supply chain man- TURE INVESTMENT STANDARDS. of this Act, and semi-annually thereafter for
agement issues related to the PRC, includ- (a) SENSE OF CONGRESS.—It is the sense of 5 years, the Secretary of State, in coordina-
ctelli on DSK11ZRN23PROD with SENATE
ing— Congress that the United States should ini- tion with other Federal agencies that par-
(1) exiting from the PRC market or relo- tiate collaboration among governments, the ticipate in the GICC, and, as appropriate, the
cating certain production facilities to loca- private sector, and civil society to encourage Director of National Intelligence, shall sub-
tions outside the PRC; the adoption of the standards for quality mit to the appropriate committees of Con-
(2) diversifying sources of inputs, and other global infrastructure development advanced gress a report that identifies—
efforts to diversify supply chains to loca- by the G20 at Osaka in 2018, including with (1) current, pending, and future infrastruc-
tions outside of the PRC; respect to the following issues: ture projects, particularly in the transport,
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1379
energy, and digital sectors, that the United (d) AUTHORIZATION OF APPROPRIATIONS.— matters, in accordance with the economic
States is supporting or will support through There is authorized to be appropriated, for and national security interests of the United
financing, foreign assistance, technical as- each of fiscal years 2022 to 2026, $75,000,000 to States and where deeper energy partnerships
sistance, or other means; the Infrastructure Transaction and Assist- are most achievable;
(2) a detailed explanation of the United ance Network, of which $20,000,000 is to be (2) describes the involvement of the PRC
States and partner country interests served provided for the Transaction Advisory Fund. government and companies incorporated in
by the United States providing support to SEC. 3115. STRATEGY FOR ADVANCED AND RELI- the PRC in the development, operation, fi-
such projects; and ABLE ENERGY INFRASTRUCTURE. nancing, or ownership of energy generation
(3) a detailed description of any support (a) IN GENERAL.—The President shall direct facilities, transmission infrastructure, or en-
provided by other United States allies and a comprehensive, multi-year, whole of gov- ergy resources in the countries identified in
partners to such projects. ernment effort, in consultation with the pri- paragraph (1);
(d) FORM OF REPORT.—The report required vate sector, to counter predatory lending (3) evaluates strategic or security concerns
by subsection (a) shall be submitted in un- and financing by the Government of the Peo- and implications for United States national
classified form but may include a classified ple’s Republic of China, including support to interests and the interests of the countries
annex. companies incorporated in the PRC that en- identified in paragraph (1), with respect to
SEC. 3114. INFRASTRUCTURE TRANSACTION AND gage in such activities, in the energy sectors the PRC’s involvement and influence in de-
ASSISTANCE NETWORK. of developing countries. veloping country energy production or trans-
(a) AUTHORITY.—The Secretary of State is (b) POLICY.—It is the policy of the United mission; and
authorized to establish an initiative, to be States to— (4) outlines current and planned efforts by
known as the ‘‘Infrastructure Transaction (1) regularly evaluate current and fore- the United States to partner with the coun-
and Assistance Network’’, under which the casted energy needs and capacities of devel- tries identified in paragraph (1) on energy
Secretary of State, in consultation with oping countries, and analyze the presence matters that support shared interests be-
other relevant Federal agencies, including and involvement of PRC state-owned indus- tween the United States and such countries.
those represented on the Global Infrastruc- tries and other companies incorporated in (b) PUBLICATION.—The assessment required
ture Coordinating Committee, may carry out the PRC, Chinese nationals providing labor, in subsection (a) shall be published on the
various programs to advance the develop- and financing of energy projects, including United States Agency for International De-
ment of sustainable, transparent, and high- direct financing by the PRC government, velopment’s website.
quality infrastructure in the Indo-Pacific re- PRC financial institutions, or direct state Subtitle C—Digital Technology and
gion by— support to state-owned enterprises and other Connectivity
(1) strengthening capacity-building pro- companies incorporated in the PRC;
SEC. 3121. SENSE OF CONGRESS ON DIGITAL
grams to improve project evaluation proc- (2) pursue strategic support and invest- TECHNOLOGY ISSUES.
esses, regulatory and procurement environ- ment opportunities, and diplomatic engage- (a) LEADERSHIP IN INTERNATIONAL STAND-
ments, and project preparation capacity of ment on power sector reforms, to expand the ARDS SETTING.—It is the sense of Congress
countries that are partners of the United development and deployment of advanced en- that the United States must lead in inter-
States in such development; ergy technologies in developing countries; national bodies that set the governance
(2) providing transaction advisory services (3) offer financing, loan guarantees, grants, norms and rules for critical digitally enabled
and project preparation assistance to sup- and other financial products on terms that technologies in order to ensure that these
port sustainable infrastructure; and advance domestic economic and local em- technologies operate within a free, secure,
(3) coordinating the provision of United ployment opportunities, utilize advanced en- interoperable, and stable digital domain.
States assistance for the development of in- ergy technologies, encourage private sector (b) COUNTERING DIGITAL
frastructure, including infrastructure that growth, and, when appropriate United States AUTHORITARIANISM.—It is the sense of Con-
utilizes United States-manufactured goods equity and sovereign lending products as al- gress that the United States, along with al-
and services, and catalyzing investment led ternatives to the predatory lending tools of- lies and partners, should lead an inter-
by the private sector. fered by Chinese financial institutions; national effort that utilizes all of the eco-
(b) TRANSACTION ADVISORY FUND.—As part (4) pursue partnerships with likeminded nomic and diplomatic tools at its disposal to
of the ‘‘Infrastructure Transaction and As- international financial and multilateral in- combat the expanding use of information and
sistance Network’’ described under sub- stitutions to leverage investment in ad- communications technology products and
section (a), the Secretary of State is author- vanced energy technologies in developing services to surveil, repress, and manipulate
ized to provide support, including through countries; and populations (also known as ‘‘digital
the Transaction Advisory Fund, for advisory (5) pursue bilateral partnerships focused on authoritarianism’’).
services to help boost the capacity of partner the cooperative development of advanced en- (c) NEGOTIATIONS FOR DIGITAL TRADE
countries to evaluate contracts and assess ergy technologies with countries of strategic AGREEMENTS OR ARRANGEMENTS.—It is the
the financial and environmental impacts of significance, particularly in the Indo-Pacific sense of Congress that the United States
potential infrastructure projects, including region, to address the effects of energy en- Trade Representative should negotiate bilat-
through providing services such as— gagement by the PRC through predatory eral and plurilateral agreements or arrange-
(1) legal services; lending or other actions that negatively im- ments relating to digital goods with the Eu-
(2) project preparation and feasibility stud- pact other countries. ropean Union, Japan, Taiwan, the member
ies; (c) ADVANCED ENERGY TECHNOLOGIES EX- countries of the Five Eyes intelligence-shar-
(3) debt sustainability analyses; PORTS.—Not later than 180 days after the ing alliance, and other nations, as appro-
(4) bid or proposal evaluation; and date of the enactment of this Act, and annu- priate.
(5) other services relevant to advancing the ally thereafter for 5 years, the Secretary of (d) FREEDOM OF INFORMATION IN THE DIG-
development of sustainable, transparent, and State, in consultation with the Secretary of ITAL AGE.—It is the sense of Congress that
high-quality infrastructure. Energy, shall submit to the appropriate con- the United States should lead a global effort
(c) STRATEGIC INFRASTRUCTURE FUND.— gressional committees a United States Gov- to ensure that freedom of information, in-
(1) IN GENERAL.—As part of the ‘‘Infrastruc- ernment strategy to increase United States cluding the ability to safely consume or pub-
ture Transaction and Assistance Network’’ exports of advanced energy technologies to— lish information without fear of undue re-
described under subsection (a), the Secretary (1) improve energy security in allied and prisals, is maintained as the digital domain
of State is authorized to provide support, in- developing countries; becomes an increasingly integral mechanism
cluding through the Strategic Infrastructure (2) create open, efficient, rules-based, and for communication.
Fund, for technical assistance, project prepa- transparent energy markets; (e) EFFORTS TO ENSURE TECHNOLOGICAL DE-
ration, pipeline development, and other in- (3) improve free, fair, and reciprocal energy VELOPMENT DOES NOT THREATEN DEMOCRATIC
frastructure project support. trading relationships; and GOVERNANCE OR HUMAN RIGHTS.—It is the
(2) JOINT INFRASTRUCTURE PROJECTS.— (4) expand access to affordable, reliable en- sense of Congress that the United States
Funds authorized for the Strategic Infra- ergy. should lead a global effort to develop and
structure Fund should be used in coordina- SEC. 3116. REPORT ON THE PEOPLE’S REPUBLIC adopt a set of common principles and stand-
tion with the Department of Defense, the OF CHINA’S INVESTMENTS IN FOR- ards for critical technologies to ensure that
International Development Finance Corpora- EIGN ENERGY DEVELOPMENT. the use of such technologies cannot be
tion, like-minded donor partners, and multi- (a) IN GENERAL.—No later than 180 days abused by malign actors, whether they are
lateral banks, as appropriate, to support after the date of the enactment of this Act, governments or other entities, and that they
joint infrastructure projects in the Indo-Pa- and annually thereafter for five years, the do not threaten democratic governance or
cific region. Administrator of the United States Agency human rights.
ctelli on DSK11ZRN23PROD with SENATE
(3) STRATEGIC INFRASTRUCTURE PROJECTS.— for International Development, in consulta- (f) FORMATION OF DIGITAL TECHNOLOGY
Funds authorized for the Strategic Infra- tion with the Secretary of State through the TRADE ALLIANCE.—It is the sense of Congress
structure Fund should be used to support Assistant Secretary for Energy Resources, that the United States should examine op-
strategic infrastructure projects that are in shall submit to the appropriate congres- portunities for diplomatic negotiations re-
the national security interest of the United sional committees a report that— garding the formation of mutually beneficial
States and vulnerable to strategic competi- (1) identifies priority countries for deep- alliances relating to digitally-enabled tech-
tors. ening United States engagement on energy nologies and services.
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S1380 CONGRESSIONAL RECORD — SENATE March 22, 2022
SEC. 3122. DIGITAL CONNECTIVITY AND CYBER- minority communities within those coun- as established in the 2017 National Security
SECURITY PARTNERSHIP. tries; Strategy, the 2018 National Defense Strat-
(a) DIGITAL CONNECTIVITY AND CYBERSECU- (4) facilitates coordination, where appro- egy, and other relevant national and re-
RITY PARTNERSHIP.—The Secretary of State priate, with multilateral development banks gional strategies as appropriate;
is authorized to establish a program, to be and development finance institutions of (C) ensuring that all programming ap-
known as the ‘‘Digital Connectivity and Cy- other countries with respect to projects de- proved bears a sufficiently direct nexus to
bersecurity Partnership’’ to help foreign scribed in paragraph (1), including through such acts by the Chinese Communist Party
countries— the provision of co-financing and co-guaran- described in subsection (d) and adheres to
(1) expand and increase secure Internet ac- tees; and the requirements outlined in subsection (e);
cess and digital infrastructure in emerging (5) identifies the human and financial re- and
markets; sources available to dedicate to such (D) conducting oversight, monitoring, and
(2) protect technological assets, including projects and assesses any constraints to im- evaluation of the effectiveness of all pro-
data; plementing such projects. gramming conducted using the funds author-
(3) adopt policies and regulatory positions (b) LIMITATION.— ized to be appropriated by subsection (a) to
that foster and encourage open, interoper- (1) IN GENERAL.—The Corporation may not ensure that it advances United States inter-
able, reliable, and secure internet, the free provide support for projects in which entities ests and degrades the ability of the Chinese
flow of data, multi-stakeholder models of described in paragraph (2) participate. Communist Party, to advance activities that
internet governance, and pro-competitive (2) ENTITIES DESCRIBED.—An entity de- align with subsection (d) of this section.
and secure information and communications scribed in this subparagraph is an entity (3) INTERAGENCY COORDINATION.—The senior
technology (ICT) policies and regulations; based in, or owned or controlled by the gov- official designated pursuant to paragraph (1)
(4) promote exports of United States ICT ernment of, a country, including the People’s shall, in coordinating and approving pro-
goods and services and increase United Republic of China, that does not protect gramming pursuant to paragraph (2), seek
States company market share in target mar- internet freedom of expression and privacy. to—
kets; Subtitle D—Countering Chinese Communist (A) conduct appropriate interagency con-
(5) promote the diversification of ICT Party Malign Influence sultation; and
goods and supply chain services to be less re- (B) ensure, to the maximum extent prac-
SEC. 3131. SHORT TITLE.
liant on PRC imports; and ticable, that all approved programming func-
(6) build cybersecurity capacity, expand This subtitle may be cited as the ‘‘Coun-
tering Chinese Communist Party Malign In- tions in concert with other Federal activities
interoperability, and promote best practices to counter the malign influence and activi-
for a national approach to cybersecurity. fluence Act’’.
ties of the Chinese Communist Party.
(b) IMPLEMENTATION PLAN.—Not later than SEC. 3132. AUTHORIZATION OF APPROPRIATIONS
FOR COUNTERING CHINESE INFLU- (4) ASSISTANT COORDINATOR.—The Adminis-
180 days after the date of the enactment of trator of the United States Agency for Inter-
ENCE FUND.
this Act, the Secretary of State shall submit national Development shall designate a sen-
to the appropriate committees of Congress (a) COUNTERING CHINESE INFLUENCE FUND.—
There is authorized to be appropriated ior official at the rank of Assistant Adminis-
an implementation plan for the coming year trator or above to assist and consult with
to advance the goals identified in subsection $300,000,000 for each of fiscal years 2022
through 2026 for the Countering Chinese In- the senior official designated pursuant to
(a). paragraph (1).
(c) CONSULTATION.—In developing the ac- fluence Fund to counter the malign influ-
tion plan required by subsection (b), the Sec- ence of the Chinese Communist Party glob- (d) MALIGN INFLUENCE.—In this section, the
retary of State shall consult with— ally. Amounts appropriated pursuant to this term ‘‘malign influence’’ with respect to the
(1) the appropriate congressional commit- authorization are authorized to remain Chinese Communist Party should be con-
tees; available until expended and shall be in addi- strued to include acts conducted by the Chi-
(2) leaders of the United States industry; tion to amounts otherwise authorized to be nese Communist Party or entities acting on
(3) other relevant technology experts, in- appropriated to counter such influence. its behalf that—
cluding the Open Technology Fund; (b) CONSULTATION REQUIRED.—The obliga- (1) undermine a free and open international
(4) representatives from relevant United tion of funds appropriated or otherwise made order;
States Government agencies; and available to counter the malign influence of (2) advance an alternative, repressive
(5) representatives from like-minded allies the Chinese Communist Party globally shall international order that bolsters the Chinese
and partners. be subject to prior consultation with, and Communist Party’s hegemonic ambitions
(d) SEMIANNUAL BRIEFING REQUIREMENT.— consistent with section 634A of the Foreign and is characterized by coercion and depend-
Not later than 180 days after the date of the Assistance Act of 1961 (22 U.S.C. 2394–1), the ency;
enactment of this Act, and annually there- regular notification procedures of— (3) undermine the national security or sov-
after for 5 years, the Secretary of State shall (1) the Committee on Foreign Relations ereignty of the United States or other coun-
provide the appropriate congressional com- and the Committee on Appropriations of the tries; or
mittees a briefing on the implementation of Senate; and (4) undermine the economic security of the
the plan required by subsection (b). (2) the Committee on Foreign Affairs and United States or other countries, including
(e) AUTHORIZATION OF APPROPRIATIONS.— the Committee on Appropriations of the by promoting corruption.
There is authorized to be appropriated House of Representatives.
(c) POLICY GUIDANCE, COORDINATION, AND (e) COUNTERING MALIGN INFLUENCE.—In this
$100,000,000 for each of fiscal years 2022
through 2026 to carry out this section. APPROVAL.— section, countering malign influence
SEC. 3123. STRATEGY FOR DIGITAL INVESTMENT (1) COORDINATOR.—The Secretary of State through the use of funds authorized to be ap-
BY UNITED STATES INTERNATIONAL shall designate an existing senior official of propriated by subsection (a) shall include ef-
DEVELOPMENT FINANCE CORPORA- the Department at the rank of Assistant forts to—
TION. Secretary or above to provide policy guid- (1) promote transparency and account-
(a) IN GENERAL.—Not later than one year ance, coordination, and approval for the obli- ability, and reduce corruption, including in
after the date of the enactment of this Act, gation of funds authorized pursuant to sub- governance structures targeted by the ma-
the United States International Develop- section (a). lign influence of the Chinese Communist
ment Finance Corporation, in consultation (2) DUTIES.—The senior official designated Party;
with the Administrator of the United States pursuant to paragraph (1) shall be respon- (2) support civil society and independent
Agency for International Development, shall sible for— media to raise awareness of and increase
submit to the appropriate congressional (A) on an annual basis, the identification transparency regarding the negative impact
committees a strategy for support of private of specific strategic priorities for using the of activities related to the Belt and Road Ini-
sector digital investment that— funds authorized to be appropriated by sub- tiative and associated initiatives;
(1) includes support for information- section (a), such as geographic areas of focus (3) counter transnational criminal net-
connectivity projects, including projects re- or functional categories of programming works that benefit, or benefit from, the ma-
lating to telecommunications equipment, that funds are to be concentrated within, lign influence of the Chinese Communist
mobile payments, smart cities, and undersea consistent with the national interests of the Party;
cables; United States and the purposes of this divi- (4) encourage economic development struc-
(2) in providing such support, prioritizes sion; tures that help protect against predatory
private sector projects— (B) the coordination and approval of all lending schemes, including support for mar-
(A) of strategic value to the United States; programming conducted using the funds au- ket-based alternatives in key economic sec-
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(B) of mutual strategic value to the United thorized to be appropriated by subsection (a), tors, such as digital economy, energy, and
States and allies and partners of the United based on a determination that such program- infrastructure;
States; and ming directly counters the malign influence (5) counter activities that provide undue
(C) that will advance broader development of the Chinese Communist Party, including influence to the security forces of the Peo-
priorities of the United States; specific activities or policies advanced by ple’s Republic of China;
(3) helps to bridge the digital gap in less the Chinese Communist Party, pursuant to (6) expose misinformation and
developed countries and among women and the strategic objectives of the United States, disinformation of the Chinese Communist
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1381
Party’s propaganda, including through pro- (6) In February 2018, then-Director of the of all essential healthcare workers in the
grams carried out by the Global Engagement Federal Bureau of Investigation, Christopher United States. AAPI workers also make up a
Center; and Wray, testified to the Select Committee on large share—between 6 percent and 12 per-
(7) counter efforts by the Chinese Com- Intelligence of the Senate that the People’s cent based on sector—of the biomedical field.
munist Party to legitimize or promote au- Republic of China is taking advantage of and (3) The United States Census notes that
thoritarian ideology and governance models. exploiting the open research and develop- Americans of Asian descent alone made up
SEC. 3133. FINDINGS ON CHINESE INFORMATION ment environments of United States institu- nearly 5.9 percent of the United States popu-
WARFARE AND MALIGN INFLUENCE tions of higher education to utilize ‘‘profes- lation in 2019, and that Asian Americans are
OPERATIONS. sors, scientists and students’’ as ‘‘nontradi- the fastest-growing racial group in the
(a) FINDINGS.—Congress makes the fol- tional collectors’’ of information. United States, projected to represent 14 per-
lowing findings: (b) PRESIDENTIAL DUTIES.—The President cent of the United States population by 2065.
(1) In the report to Congress required under shall— (b) SENSE OF CONGRESS.—It is the sense of
section 1261(b) of the John S. McCain Na- (1) protect our democratic institutions and Congress that—
tional Defense Authorization Act for Fiscal processes from malign influence from the (1) the reprehensible attacks on people of
Year 2019 (Public Law 115–232), the President People’s Republic of China and other foreign Asian descent and concerning increase in
laid out a broad range of malign activities adversaries; and anti-Asian sentiment and racism in the
conducted by the Government of the People’s (2) consistent with the policy specified in United States and around the world have no
Republic of China and its agents and enti- paragraph (1), direct the heads of the appro- place in a peaceful, civilized, and tolerant
ties, including— priate Federal departments and agencies to world;
(A) propaganda and disinformation, in implement Acts of Congress to counter and (2) the United States is a diverse nation
which ‘‘Beijing communicates its narrative deter PRC and other foreign information with a proud tradition of immigration, and
through state-run television, print, radio, warfare and malign influence operations the strength and vibrancy of the United
and online organizations whose presence is without delay, including— States is enhanced by the diverse ethnic
proliferating in the United States and (A) section 1043 of the John S. McCain Na- backgrounds and tolerance of its citizens, in-
around the world’’; tional Defense Authorization Act for Fiscal cluding Asian Americans and Pacific Island-
(B) malign political influence operations, Year 2019 (Public Law 115–232), which author- ers;
particularly ‘‘front organizations and agents izes a coordinator position within the Na- (3) the United States Government should
which target businesses, universities, think tional Security Council for countering ma- encourage other foreign governments to use
tanks, scholars, journalists, and local state lign foreign influence operations and cam- the official and scientific names for the
and Federal officials in the United States paigns; COVID–19 pandemic, as recommended by the
and around the world, attempting to influ- (B) section 228 of the National Defense Au- World Health Organization and the Centers
ence discourse’’; and thorization Act for Fiscal Year 2020 (Public for Disease Control and Prevention; and
(C) malign financial influence operations, Law 116–92), which authorizes additional re- (4) the United States Government and
characterized as the ‘‘misappropriation of other governments around the world must
search of foreign malign influence operations
technology and intellectual property, failure actively oppose racism and intolerance, and
on social media platforms;
to appropriately disclose relationships with use all available and appropriate tools to
(C) section 847 of such Act, which requires
foreign government sponsored entities, combat the spread of anti-Asian racism and
the Secretary of Defense to modify con-
breaches of contract and confidentiality, and discrimination.
tracting regulations regarding vetting for
manipulation of processes for fair and merit- SEC. 3136. SUPPORTING INDEPENDENT MEDIA
foreign ownership, control and influence in
based allocation of Federal research and de- AND COUNTERING
order to mitigate risks from malign foreign
velopment funding’’. DISINFORMATION.
influence; (a) FINDINGS.—Congress makes the fol-
(2) Chinese information warfare and ma-
(D) section 1239 of such Act, which requires lowing findings:
lign influence operations are ongoing. In
January 2019, then-Director of National In- an update of the comprehensive strategy to (1) The PRC is increasing its spending on
telligence, Dan Coats, stated, ‘‘China will counter the threat of malign influence to in- public diplomacy including influence cam-
continue to use legal, political, and eco- clude the People’s Republic of China; paigns, advertising, and investments into
nomic levers—such as the lure of Chinese (E) section 5323 of such Act, which author- state-sponsored media publications outside
markets—to shape the information environ- izes the Director of National Intelligence to of the PRC. These include, for example, more
ment. It is also capable of using cyber at- facilitate the establishment of Social Media than $10,000,000,000 in foreign direct invest-
tacks against systems in the United States Data and Threat Analysis Center to detect ment in communications infrastructure,
to censor or suppress viewpoints it deems po- and study information warfare and malign platforms, and properties, as well as bringing
litically sensitive.’’. influence operations across social media journalists to the PRC for training pro-
(3) In February 2020, then-Director of the platforms; and grams.
Federal Bureau of Investigation, Christopher (F) section 119C of the National Security (2) The PRC, through the Voice of China,
Wray, testified to the Committee on the Ju- Act of 1947 (50 U.S.C. 3059), which authorizes the United Front Work Department (UFWD),
diciary of the House of Representatives that the establishment of a Foreign Malign Influ- and UFWD’s many affiliates and proxies, has
the People’s Republic of China has ‘‘very ac- ence Response Center inside the Office of the obtained unfettered access to radio, tele-
tive [malign] foreign influence efforts in this Director of National Intelligence. vision, and digital dissemination platforms
SEC. 3134. AUTHORIZATION OF APPROPRIATIONS
country,’’ with the goal of ‘‘trying to shift in numerous languages targeted at citizens
FOR THE FULBRIGHT-HAYS PRO-
our policy and our public opinion to be more GRAM. in other regions where the PRC has an inter-
pro-China on a variety of issues’’. There are authorized to be appropriated, est in promoting public sentiment in support
(4) The PRC’s information warfare and ma- for the 5-year period beginning on October 1, of the Chinese Communist Party and expand-
lign influence operations continue to adopt 2021, $105,500,000, to promote education, ing the reach of its misleading narratives
new tactics and evolve in sophistication. In training, research, and foreign language and propaganda.
May 2020, then-Special Envoy and Coordi- skills through the Fulbright-Hays Program, (3) Even in Western democracies, the PRC
nator of the Global Engagement Center in accordance with section 102(b) of the Mu- spends extensively on influence operations,
(GEC), Lea Gabrielle, stated that there was a tual Educational and Cultural Exchange Act such as a $500,000,000 advertising campaign to
convergence of Russian and Chinese nar- of 1961 (22 U.S.C. 2452(b)). attract cable viewers in Australia and a
ratives surrounding COVID–19 and that the SEC. 3135. SENSE OF CONGRESS CONDEMNING more than $20,000,000 campaign to influence
GEC had ‘‘uncovered a new network of ANTI-ASIAN RACISM AND DISCRIMI- United States public opinion via the China
inauthentic Twitter accounts’’ that it as- NATION. Daily newspaper supplement.
sessed was ‘‘created with the intent to am- (a) FINDINGS.—Congress makes the fol- (4) Radio Free Asia (referred to in this sub-
plify Chinese propaganda and lowing findings: section as ‘‘RFA’’), a private nonprofit
disinformation’’. In June 2020, Google re- (1) Since the onset of the COVID–19 pan- multimedia news corporation, which broad-
ported that Chinese hackers attempted to demic, crimes and discrimination against casts in 9 East Asian languages including
access email accounts of the campaign staff Asians and those of Asian descent have risen Mandarin, Uyghur, Cantonese, and Tibetan,
of a presidential candidate. dramatically worldwide. In May 2020, United has succeeded in its mission to reach audi-
(5) Chinese information warfare and ma- Nations Secretary-General Antonio Guterres ences in China and in the Central Asia region
lign influence operations are a threat to the said ‘‘the pandemic continues to unleash a despite the Chinese Government’s—
national security, democracy, and economic tsunami of hate and xenophobia, (A) efforts to practice ‘‘media sov-
systems of the United States and its allies scapegoating and scare-mongering’’ and ereignty,’’ which restricts access to the free
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and partners. In October 2018, Vice President urged governments to ‘‘act now to strength- press within China; and
Michael R. Pence warned that ‘‘Beijing is en the immunity of our societies against the (B) campaign to spread disinformation to
employing a whole-of-government approach, virus of hate’’. countries abroad.
using political, economic, and military tools, (2) Asian American and Pacific Island (5) In 2019, RFA’s Uyghur Service alerted
as well as propaganda, to advance its influ- (AAPI) workers make up a large portion of the world to the human rights abuses of
ence and benefit its interests in the United the essential workers on the frontlines of the Uyghur and other ethnic minorities in Chi-
States.’’. COVID–19 pandemic, making up 8.5 percent na’s Xinjiang Uyghur Autonomous Region.
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S1382 CONGRESSIONAL RECORD — SENATE March 22, 2022
(6) Gulchehra Hoja, a Uyghur journalist for (A) to counter propaganda of non-Chinese solely to carry out functions of the Global
RFA, received the International Women’s populations in foreign countries; and Engagement Center, may—
Media Foundation’s Courage in Journalism (B) to counter propaganda of Chinese popu- (1) appoint employees without regard to
Award and a 2019 Magnitsky Human Rights lations in China through ‘‘Global Mandarin’’ the provisions of title 5, United States Code,
Award for her coverage of Xinjiang, while programming. regarding appointments in the competitive
the Chinese Government detained and har- (d) REPORTING REQUIREMENT.— service; and
assed Ms. Hoja’s China-based family and the (1) IN GENERAL.—Not later than 180 days (2) fix the basic compensation of such em-
families of 7 other RFA journalists in retal- after the date of the enactment of this Act, ployees without regard to chapter 51 and
iation for their role in exposing abuses. and annually thereafter for 5 years, the Chief subchapter III of chapter 53 of such title re-
(7) In 2019 and 2020, RFA provided widely Executive Office of the United States Agency garding classification and General Schedule
disseminated print and digital coverage of for Global Media, in consultation with the pay rates.
the decline in freedom in Hong Kong and the President of the Open Technology Fund, (e) AUTHORIZATION OF APPROPRIATIONS.—
student-led protests of the extradition law. shall submit a report to the appropriate con- There is authorized to be appropriated
(8) In March 2020, RFA exposed efforts by gressional committees that outlines— $150,000,000 for fiscal year 2022 for the Global
the Chinese Government to underreport the (A) the amount of funding appropriated Engagement Center to counter foreign state
number of fatalities from the novel pursuant to subsection (c) that was provided and non-state sponsored propaganda and
coronavirus outbreak in Wuhan Province, to the Open Technology Fund for purposes of disinformation.
China. circumventing Chinese Communist Party SEC. 3138. REVIEW BY COMMITTEE ON FOREIGN
(b) THE UNITED STATES AGENCY FOR GLOB- INVESTMENT IN THE UNITED
censorship of the internet within the borders
AL MEDIA.—The United States Agency for STATES OF CERTAIN FOREIGN GIFTS
of the People’s Republic of China; TO AND CONTRACTS WITH INSTITU-
Global Media (USAGM) and affiliate Federal (B) the progress that has been made in de- TIONS OF HIGHER EDUCATION.
and non-Federal entities shall undertake the veloping the technology referred to in sub-
following actions to support independent (a) AMENDMENTS TO DEFENSE PRODUCTION
paragraph (A), including an assessment of ACT OF 1950.—
journalism, counter disinformation, and whether the funding provided was sufficient
combat surveillance in countries where the (1) DEFINITION OF COVERED TRANSACTION.—
to achieve meaningful penetration of Peo- Subsection (a)(4) of section 721 of the Defense
Chinese Communist Party and other malign ple’s Republic of China’s censors; and
actors are promoting disinformation, propa- Production Act of 1950 (50 U.S.C. 4565) is
(C) the impact of Open Technology Fund amended—
ganda, and manipulated media markets: tools on piercing Chinese Communist Party
(1) Radio Free Asia (RFA) shall expand do- (A) in subparagraph (A)—
internet censorship efforts, including the (i) in clause (i), by striking ‘‘; and’’ and in-
mestic coverage and digital programming for metrics used to measure that impact and the
all RFA China services and other affiliate serting a semicolon;
trajectory of that impact over the previous 5 (ii) in clause (ii), by striking the period at
language broadcasting services. years.
(2) USAGM shall increase funding for the end and inserting ‘‘; and’’; and
(2) FORM OF REPORT.—The report required (iii) by adding at the end the following:
RFA’s Mandarin, Tibetan, Uyghur, and Can- under paragraph (1) shall be submitted in un-
tonese language services. ‘‘(iii) any transaction described in subpara-
classified form, but may include a classified graph (B)(vi) proposed or pending after the
(3) Voice of America shall establish a real- annex.
time disinformation tracking tool similar to date of the enactment of the China Strategic
(e) SUPPORT FOR LOCAL MEDIA.—The Sec- Competition Act of 2021.’’;
Polygraph for Russian language propaganda retary of State, acting through the Assistant
and misinformation. (B) in subparagraph (B), by adding at the
Secretary of State for Democracy, Human end the following:
(4) USAGM shall expand existing training Rights, and Labor and in coordination with
and partnership programs that promote jour- ‘‘(vi) Any gift to an institution of higher
the Administrator of the United States education from a foreign person, or the entry
nalistic standards, investigative reporting, Agency for International Development, shall
cybersecurity, and digital analytics to help into a contract by such an institution with a
support and train journalists on investiga- foreign person, if—
expose and counter false CCP narratives. tive techniques necessary to ensure public
(5) The Open Technology Fund shall con- ‘‘(I)(aa) the value of the gift or contract
accountability related to the Belt and Road equals or exceeds $1,000,000; or
tinue and expand its work to support tools Initiative, the PRC’s surveillance and digital
and technology to circumvent censorship ‘‘(bb) the institution receives, directly or
export of technology, and other influence op- indirectly, more than one gift from or enters
and surveillance by the CCP, both inside the erations abroad direct or directly supported
PRC as well as abroad where the PRC has ex- into more than one contract, directly or in-
by the Communist Party or the Chinese gov- directly, with the same foreign person for
ported censorship technology, and increase ernment.
secure peer-to-peer connectivity and privacy the same purpose the aggregate value of
(f) INTERNET FREEDOM PROGRAMS.—The Bu- which, during the period of 2 consecutive cal-
tools. reau of Democracy, Human Rights, and
(6) Voice of America shall continue and re- endar years, equals or exceeds $1,000,000; and
Labor shall continue to support internet ‘‘(II) the gift or contract—
view opportunities to expand its mission of freedom programs.
providing timely, accurate, and reliable ‘‘(aa) relates to research, development, or
(g) AUTHORIZATION OF APPROPRIATIONS.— production of critical technologies and pro-
news, programming, and content about the There is authorized to be appropriated to the
United States, including news, culture, and vides the foreign person potential access to
Department of State, for each of fiscal years any material nonpublic technical informa-
values. 2022 through 2026, $170,000,000 for ongoing and
(7) The networks and grantees of the tion (as defined in subparagraph (D)(ii)) in
new programs in support of press freedom, the possession of the institution; or
United States Agency for Global Media shall training, and protection of journalists.
continue their mission of providing credible ‘‘(bb) is a restricted or conditional gift or
SEC. 3137. GLOBAL ENGAGEMENT CENTER. contract (as defined in section 117(h) of the
and timely news coverage inclusive of the
People’s Republic of China’s activities in (a) FINDING.—Congress established the Higher Education Act of 1965 (20 U.S.C.
Xinjiang, including China’s ongoing genocide Global Engagement Center to ‘‘direct, lead, 1011f(h))) that establishes control.’’; and
and crimes against humanity with respect to and coordinate efforts’’ of the Federal Gov- (C) by adding at the end the following:
Uyghurs and other Turkic Muslims, includ- ernment to ‘‘recognize, understand, expose, ‘‘(G) FOREIGN GIFTS TO AND CONTRACTS WITH
ing through strategic amplification of Radio and counter foreign state and non-state INSTITUTIONS OF HIGHER EDUCATION.—For pur-
Free Asia’s coverage, in its news program- propaganda and disinformation globally’’. poses of subparagraph (B)(vi):
ming in majority-Muslim countries. (b) EXTENSION.—Section 1287(j) of the Na- ‘‘(i) CONTRACT.—The term ‘contract’ means
(c) AUTHORIZATION OF APPROPRIATIONS.— tional Defense Authorization Act for Fiscal any agreement for the acquisition by pur-
There is authorized to be appropriated, for Year 2017 (22 U.S.C. 2656 note) is amended by chase, lease, or barter of property or services
each of fiscal years 2022 through 2026 for the striking ‘‘the date that is 8 years after the by a foreign person, for the direct benefit or
United States Agency for Global Media, date of the enactment of this Act’’ and in- use of either of the parties.
$100,000,000 for ongoing and new programs to serting ‘‘December 31, 2027’’. ‘‘(ii) GIFT.—The term ‘gift’ means any gift
support local media, build independent (c) SENSE OF CONGRESS.—It is the sense of of money or property.
media, combat Chinese disinformation inside Congress that the Global Engagement Center ‘‘(iii) INSTITUTION OF HIGHER EDUCATION.—
and outside of China, invest in technology to should expand its coordinating capacity The term ‘institution of higher education’
subvert censorship, and monitor and evalu- through the exchange of liaison officers with means any institution, public or private, or,
ate these programs, of which— Federal departments and agencies that man- if a multicampus institution, any single
(1) not less than $70,000,000 shall be di- age aspects of identifying and countering campus of such institution, in any State—
rected to a grant to Radio Free Asia lan- foreign disinformation, including the Na- ‘‘(I) that is legally authorized within such
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guage services; tional Counterterrorism Center at the Office State to provide a program of education be-
(2) not less than $20,000,000 shall be used to of the Director of National Intelligence and yond secondary school;
serve populations in China through Man- from combatant commands. ‘‘(II) that provides a program for which the
darin, Cantonese, Uyghur, and Tibetan lan- (d) HIRING AUTHORITY.—Notwithstanding institution awards a bachelor’s degree (or
guage services; and any other provision of law, the Secretary of provides not less than a 2-year program
(3) not less than $5,500,000 shall be used for State, during the five year period beginning which is acceptable for full credit toward
digital media services— on the date of the enactment of this Act and such a degree) or a more advanced degree;
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1383
‘‘(III) that is accredited by a nationally Production Act of 1950 (50 U.S.C. for reviews and investigations, structuring
recognized accrediting agency or associa- 4565(k)(3)))’’; and penalties and filing fees, and simplifying and
tion; and (2) in subsection (d)— streamlining declaration and notice require-
‘‘(IV) to which the Federal Government ex- (A) in paragraph (1)— ments to reduce such burdens; and
tends Federal financial assistance (directly (i) by striking ‘‘with the Secretary’’ and (D) any procedures necessary to ensure
or indirectly through another entity or per- inserting ‘‘with the Secretary and the Sec- that the pilot program does not infringe
son), or that receives support from the ex- retary of the Treasury’’; and upon academic freedom.
tension of Federal financial assistance to (ii) by striking ‘‘to the Secretary’’ and in- (3) REPORT ON FINDINGS.—Upon conclusion
any of the institution’s subunits.’’. serting ‘‘to each such Secretary’’; and of the pilot program required by paragraph
(2) MANDATORY DECLARATIONS.—Subsection (B) in paragraph (2), by striking ‘‘with the (1), the Committee shall submit to Congress
(b)(1)(C)(v)(IV)(aa) of such section is amend- Secretary’’ and inserting ‘‘with the Sec- a report on the findings of that pilot pro-
ed by adding at the end the following: ‘‘Such retary and the Secretary of the Treasury’’. gram that includes—
regulations shall require a declaration under (c) EFFECTIVE DATE; APPLICABILITY.—The (A) a summary of the reviews conducted by
this subclause with respect to a covered amendments made by subsection (a) shall— the Committee under the pilot program and
transaction described in subsection (1) take effect on the date of the enactment the outcome of such reviews;
(a)(4)(B)(vi)(II)(aa).’’. of this Act, subject to the requirements of (B) an assessment of any additional re-
(3) F ACTORS TO BE CONSIDERED .—Subsection subsections (d) and (e); and sources required by the Committee to carry
(f) of such section is amended— (2) apply with respect to any covered trans- out this section or the amendments made by
(A) in paragraph (10), by striking ‘‘; and’’ action the review or investigation of which subsection (a);
and inserting a semicolon; is initiated under section 721 of the Defense (C) findings regarding the additional bur-
(B) by redesignating paragraph (11) as Production Act of 1950 on or after the date den on institutions of higher education like-
paragraph (12); and that is 30 days after the publication in the ly to result from compliance with the
(C) by inserting after paragraph (10) the Federal Register of the notice required under amendments made by subsection (a) and any
following: subsection (e)(2). additional recommended steps to reduce
(d) REGULATIONS.—
‘‘(11) as appropriate, and particularly with those burdens; and
(1) IN GENERAL.—The Committee on For-
respect to covered transactions described in (D) any recommendations for Congress to
eign Investment in the United States (in this
subsection (a)(4)(B)(vi), the importance of consider regarding the scope or procedures
section referred to as the ‘‘Committee’’),
academic freedom at institutions of higher described in this section or the amendments
which shall include the Secretary of Edu-
education in the United States; and’’. made by subsection (a).
cation for purposes of this subsection, shall
(4) MEMBERSHIP OF CFIUS.—Subsection (k) prescribe regulations as necessary and appro- SEC. 3139. POST-EMPLOYMENT RESTRICTIONS ON
of such section is amended— priate to implement the amendments made SENATE-CONFIRMED OFFICIALS AT
(A) in paragraph (2)— by subsection (a).
THE DEPARTMENT OF STATE.
(i) by redesignating subparagraphs (H), (I), (2) ELEMENTS.—The regulations prescribed (a) SENSE OF CONGRESS.—It is the sense of
and (J) as subparagraphs (I), (J), and (K), re- under paragraph (1) shall include— Congress that—
spectively; and (A) regulations accounting for the burden (1) Congress and the executive branch have
(ii) by inserting after subparagraph (G) the on institutions of higher education likely to recognized the importance of preventing and
following: result from compliance with the amend- mitigating the potential for conflicts of in-
‘‘(H) In the case of a covered transaction ments made by subsection (a), including terest following government service, includ-
involving an institution of higher education structuring penalties and filing fees to re- ing with respect to senior United States offi-
(as defined in subsection (a)(4)(G)), the Sec- duce such burdens, shortening timelines for cials working on behalf of foreign govern-
retary of Education.’’; and reviews and investigations, allowing for sim- ments; and
(B) by adding at the end the following: plified and streamlined declaration and no- (2) Congress and the executive branch
‘‘(8) INCLUSION OF OTHER AGENCIES ON COM- tice requirements, and implementing any should jointly evaluate the status and scope
MITTEE.—In considering including on the procedures necessary to protect academic of post-employment restrictions.
Committee under paragraph (2)(K) the heads freedom; and (b) RESTRICTIONS.—Section 841 of the State
of other executive departments, agencies, or (B) guidance with respect to— Department Basic Authorities Act of 1956 (22
offices, the President shall give due consider- (i) which gifts and contracts described in U.S.C. 2651a) is amended by adding at the end
ation to the heads of relevant research and described in clause (vi)(II)(aa) of subsection the following new subsection:
science agencies, departments, and offices, (a)(4)(B) of section 721 of the Defense Produc- ‘‘(i) EXTENDED POST-EMPLOYMENT RESTRIC-
including the Secretary of Health and tion Act of 1950, as added by subsection TIONS FOR CERTAIN SENATE-CONFIRMED OFFI-
Human Services, the Director of the Na- (a)(1), would be subject to filing mandatory CIALS.—
tional Institutes of Health, and the Director declarations under subsection (b)(1)(C)(v)(IV) ‘‘(1) SECRETARY OF STATE AND DEPUTY SEC-
of the National Science Foundation.’’. of that section; and RETARY OF STATE.—With respect to a person
(5) CONTENTS OF ANNUAL REPORT RELATING (ii) the meaning of ‘‘control’’, as defined in serving as the Secretary of State or Deputy
TO CRITICAL TECHNOLOGIES.—Subsection subsection (a) of that section, as that term Secretary of State, the restrictions described
(m)(3) of such section is amended— applies to covered transactions described in in section 207(f)(1) of title 18, United States
(A) in subparagraph (B), by striking ‘‘; clause (vi) of paragraph (4)(B) of that sec- Code, shall apply to representing, aiding, or
and’’ and inserting a semicolon; tion, as added by subsection (a)(1). advising a foreign governmental entity be-
(B) in subparagraph (C), by striking the pe- (3) ISSUANCE OF FINAL RULE.—The Com- fore an officer or employee of the executive
riod at the end and inserting a semicolon; mittee shall issue a final rule to carry out branch of the United States at any time
and the amendments made by subsection (a) after the termination of that person’s service
(C) by adding at the end the following: after assessing the findings of the pilot pro- as Secretary or Deputy Secretary.
‘‘(D) an evaluation of whether there are gram required by subsection (e). ‘‘(2) UNDER SECRETARIES, ASSISTANT SECRE-
foreign malign influence or espionage activi- (e) PILOT PROGRAM.— TARIES, AND AMBASSADORS.—With respect to
ties directed or directly assisted by foreign (1) IN GENERAL.—Beginning on the date a person serving as an Under Secretary, As-
governments against institutions of higher that is 30 days after the publication in the sistant Secretary, or Ambassador at the De-
education (as defined in subsection (a)(4)(G)) Federal Register of the matter required by partment of State or the United States Per-
aimed at obtaining research and develop- paragraph (2) and ending on the date that is manent Representative to the United Na-
ment methods or secrets related to critical 570 days thereafter, the Committee shall con- tions, the restrictions described in section
technologies; and duct a pilot program to assess methods for 207(f)(1) of title 18, United States Code, shall
‘‘(E) an evaluation of, and recommendation implementing the review of covered trans- apply to representing, aiding, or advising a
for any changes to, reviews conducted under actions described in clause (vi) of section foreign governmental entity before an officer
this section that relate to institutions of 721(a)(4)(B) of the Defense Production Act of or employee of the executive branch of the
higher education, based on an analysis of dis- 1950, as added by subsection (a)(1). United States for 3 years after the termi-
closure reports submitted to the chairperson (2) PROPOSED DETERMINATION.—Not later nation of that person’s service in a position
under section 117(a) of the Higher Education than 270 days after the date of the enactment described in this paragraph, or the duration
Act of 1965 (20 U.S.C. 1011f(a)).’’. of this Act, the Committee shall, in con- of the term or terms of the President who
(b) INCLUSION OF CFIUS IN REPORTING ON sultation with the Secretary of Education, appointed that person to their position,
FOREIGN GIFTS UNDER HIGHER EDUCATION ACT publish in the Federal Register— whichever is longer.
OF 1965.—Section 117 of the Higher Education (A) a proposed determination of the scope ‘‘(3) PENALTIES AND INJUNCTIONS.—Any vio-
ctelli on DSK11ZRN23PROD with SENATE
Act of 1965 (20 U.S.C. 1011f) is amended— of and procedures for the pilot program re- lations of the restrictions in paragraphs (1)
(1) in subsection (a), by inserting after quired by paragraph (1); or (2) shall be subject to the penalties and in-
‘‘the Secretary’’ the following: ‘‘and the Sec- (B) an assessment of the burden on institu- junctions provided for under section 216 of
retary of the Treasury (in the capacity of the tions of higher education likely to result title 18, United States Code.
Secretary as the chairperson of the Com- from compliance with the pilot program; ‘‘(4) DEFINITIONS.—In this subsection:
mittee on Foreign Investment in the United (C) recommendations for addressing any ‘‘ ‘‘(A) The term ‘foreign governmental en-
States under section 721(k)(3) of the Defense such burdens, including shortening timelines tity’ includes any person employed by—
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S1384 CONGRESSIONAL RECORD — SENATE March 22, 2022
‘‘(i) any department, agency, or other enti- (A) appoint the chair of the Task Force of this Act, and annually thereafter, the
ty of a foreign government at the national, from among the staff of the National Secu- Task Force shall provide briefings to the ap-
regional, or local level; rity Council; propriate congressional committees regard-
‘‘(ii) any governing party or coalition of a (B) appoint the vice chair of the Task ing the activities of the Task Force to exe-
foreign government at the national, re- Force from among the staff of the National cute the strategy developed pursuant to
gional, or local level; or Economic Council; and paragraph (3)(A).
‘‘(iii) any entity majority-owned or major- (C) direct the head of each of the following (c) REPORT ON CENSORSHIP AND INTIMIDA-
ity-controlled by a foreign government at executive branch agencies to appoint per- TION OF UNITED STATES PERSONS BY THE GOV-
the national, regional, or local level. sonnel to participate in the Task Force: ERNMENT OF THE PEOPLE’S REPUBLIC OF
‘‘(B) The term ‘representation’ does not in- (i) The Department of State. CHINA.—
clude representation by an attorney, who is (ii) The Department of Commerce. (1) REPORT.—
duly licensed and authorized to provide legal (iii) The Department of the Treasury. (A) IN GENERAL.—Not later than 90 days
advice in a United States jurisdiction, of a (iv) The Department of Justice. after the date of the enactment of this Act,
person or entity in a legal capacity or for the (v) The Office of the United States Trade the Secretary of State shall select and seek
purposes of rendering legal advice. Representative. to enter into an agreement with a qualified
‘‘(5) EFFECTIVE DATE.—The restrictions in (vi) The Office of the Director of National research entity that is independent of the
this subsection shall apply only to persons Intelligence, and other appropriate elements
Department of State to write a report on
who are appointed by the President to the of the intelligence community (as defined in
censorship and intimidation in the United
positions referenced in this subsection on or section 3 of the National Security Act of 1947
States and its possessions and territories of
after 120 days after the date of the enact- (50 U.S.C. 3003)).
United States persons, including United
ment of the Strategic Competition Act of (vii) The Federal Communications Com-
States companies that conduct business in
2021. mission.
the People’s Republic of China, which is di-
‘‘(6) NOTICE OF RESTRICTIONS.—Any person (viii) The United States Agency for Global
rected or directly supported by the Govern-
subject to the restrictions of this subsection Media.
ment of the People’s Republic of China.
shall be provided notice of these restrictions (ix) Other agencies designated by the
(B) MATTERS TO BE INCLUDED.—The report
by the Department of State upon appoint- President.
(3) RESPONSIBILITIES.—The Task Force required under subparagraph (A) shall—
ment by the President, and subsequently (i) assess major trends, patterns, and meth-
upon termination of service with the Depart- shall—
(A) oversee the development and execution ods of the Government of the People’s Re-
ment of State.’’. public of China’s efforts to direct or directly
SEC. 3140. SENSE OF CONGRESS ON
of an integrated Federal Government strat-
egy to monitor and address the impacts of ef- support censorship and intimidation of
PRIORITIZING NOMINATION OF United States persons, including United
QUALIFIED AMBASSADORS TO EN- forts directed, or directly supported, by the
SURE PROPER DIPLOMATIC POSI- Government of the People’s Republic of States companies that conduct business in
TIONING TO COUNTER CHINESE IN- China to censor or intimidate, in the United the People’s Republic of China, which are ex-
FLUENCE. States or in any of its possessions or terri- ercising their right to freedom of speech;
It is the sense of Congress that it is criti- tories, any United States person, including (ii) assess, including through the use of il-
cally important for the President to nomi- United States companies that conduct busi- lustrative examples, as appropriate, the im-
nate qualified ambassadors as quickly as ness in the People’s Republic of China, which pact on and consequences for United States
possible, especially for countries in Central are exercising their right to freedom of persons, including United States companies
and South America, to ensure that the speech; and that conduct business in the People’s Repub-
United States is diplomatically positioned to (B) submit the strategy developed pursuant lic of China, that criticize—
counter Chinese influence efforts in foreign to subparagraph (A) to the appropriate con- (I) the Chinese Communist Party;
countries. gressional committees not later than 120 (II) the Government of the People’s Repub-
SEC. 3141. CHINA CENSORSHIP MONITOR AND AC- days after the date of the enactment of this lic of China;
TION GROUP. Act. (III) the authoritarian model of govern-
(a) DEFINITIONS.—In this section: (4) MEETINGS.—The Task Force shall meet ment of the People’s Republic of China; or
(1) QUALIFIED RESEARCH ENTITY.—The term not less frequently than twice per year. (IV) a particular policy advanced by the
‘‘qualified research entity’’ means an entity (5) CONSULTATIONS.—The Task Force Chinese Communist Party or the Govern-
that— should regularly consult, to the extent nec- ment of the People’s Republic of China;
(A) is a nonpartisan research organization essary and appropriate, with— (iii) identify the implications for the
or a federally funded research and develop- (A) Federal agencies that are not rep- United States of the matters described in
ment center; resented on the Task Force; clauses (i) and (ii);
(B) has appropriate expertise and analyt- (B) independent agencies of the United (iv) assess the methods and evaluate the ef-
ical capability to write the report required States Government that are not represented ficacy of the efforts by the Government of
under subsection (c); and on the Task Force; the People’s Republic of China to limit free-
(C) is free from any financial, commercial, (C) relevant stakeholders in the private dom of expression in the private sector, in-
or other entanglements, which could under- sector and the media; and cluding media, social media, film, education,
mine the independence of such report or cre- (D) relevant stakeholders among United travel, financial services, sports and enter-
ate a conflict of interest or the appearance of States allies and partners facing similar tainment, technology, telecommunication,
a conflict of interest, with— challenges related to censorship or intimida- and internet infrastructure interests;
(i) the Government of the People’s Repub- tion by the Government of the People’s Re- (v) include policy recommendations for the
lic of China; public of China. United States Government, including rec-
(ii) the Chinese Communist Party; (6) REPORTING REQUIREMENTS.— ommendations regarding collaboration with
(iii) any company incorporated in the Peo- (A) ANNUAL REPORT.—The Task Force shall United States allies and partners, to address
ple’s Republic of China or a subsidiary of submit an annual report to the appropriate censorship and intimidation by the Govern-
such company; or congressional committees that describes, ment of the People’s Republic of China; and
(iv) any company or entity incorporated with respect to the reporting period— (vi) include policy recommendations for
outside of the People’s Republic of China (i) the strategic objectives and policies United States persons, including United
that is believed to have a substantial finan- pursued by the Task Force to address the States companies that conduct business in
cial or commercial interest in the People’s challenges of censorship and intimidation of China, to address censorship and intimida-
Republic of China. United States persons while in the United tion by the Government of the People’s Re-
(2) UNITED STATES PERSON.—The term States or any of its possessions or terri- public of China.
‘‘United States person’’ means— tories, which is directed or directly sup- (C) APPLICABILITY TO UNITED STATES ALLIES
(A) a United States citizen or an alien law- ported by the Government of the People’s AND PARTNERS.—To the extent practicable,
fully admitted for permanent residence to Republic of China; the report required under subparagraph (A)
the United States; or (ii) the activities conducted by the Task should identify implications and policy rec-
(B) an entity organized under the laws of Force in support of the strategic objectives ommendations that are relevant to United
the United States or any jurisdiction within and policies referred to in clause (i); and States allies and partners facing censorship
the United States, including a foreign branch (iii) the results of the activities referred to and intimidation directed or directly sup-
of such an entity. in clause (ii) and the impact of such activi- ported by the Government of the People’s
(b) CHINA CENSORSHIP MONITOR AND ACTION ties on the national interests of the United Republic of China.
ctelli on DSK11ZRN23PROD with SENATE
GROUP.— States. (2) SUBMISSION OF REPORT.—
(1) IN GENERAL.—The President shall estab- (B) FORM OF REPORT.—Each report sub- (A) IN GENERAL.—Not later than 1 year
lish an interagency task force, which shall mitted pursuant to subparagraph (A) shall be after the date of the enactment of this Act,
be known as the ‘‘China Censorship Monitor unclassified, but may include a classified the Secretary of State shall submit the re-
and Action Group’’ (referred to in this sub- annex. port written by the qualified research entity
section as the ‘‘Task Force’’). (C) CONGRESSIONAL BRIEFINGS.—Not later selected pursuant to paragraph (1)(A) to the
(2) MEMBERSHIP.—The President shall— than 90 days after the date of the enactment appropriate congressional committees.
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1385
(B) PUBLICATION.—The report referred to in (6) the United States must work with allies (4) to cooperate with Japan, the Republic
subparagraph (A) shall be made accessible to to prioritize human rights throughout the of Korea, Australia, the Philippines, and
the public online through relevant United Indo-Pacific region; Thailand to promote human rights bilat-
States Government websites. (7) as the report released in August 2020 by erally and through regional and multilateral
(3) FEDERAL GOVERNMENT SUPPORT.—The the Expert Group of the International Mili- fora and pacts; and
Secretary of State and other Federal agen- tary Council on Climate and Security (5) to strengthen and advance diplomatic,
cies selected by the President shall provide (IMCCS), titled ‘‘Climate and Security in the economic, and security cooperation with re-
the qualified research entity selected pursu- Indo-Asia Pacific’’ noted, the Indo-Pacific gional partners, such as Taiwan, Vietnam,
ant to paragraph (1)(A) with timely access to region is one of the regions most vulnerable Malaysia, Singapore, Indonesia, and India.
appropriate information, data, resources, to climate impacts and as former Deputy SEC. 3203. SENSE OF CONGRESS ON COOPERA-
and analyses necessary for such entity to Under Secretary of Defense for Installations TION WITH THE QUAD.
write the report described in paragraph and Environment Sherri Goodman, Sec- It is the sense of Congress that—
(1)(A) in a thorough and independent man- retary General of IMCCS, noted, climate (1) the United States should reaffirm our
ner. shocks act as a threat multiplier in the Indo- commitment to quadrilateral cooperation
(d) SUNSET.—This section shall terminate Pacific region, increasing humanitarian re- among Australia, India, Japan, and the
on the date that is 5 years after the date of sponse costs and impacting security United States (the ‘‘Quad’’) to enhance and
the enactment of this Act. throughout the region as sea levels rise, fish- implement a shared vision to meet shared re-
TITLE II—INVESTING IN ALLIANCES AND ing patterns shift, food insecurity rises, and gional challenges and to promote a free,
PARTNERSHIPS storms grow stronger and more frequent; open, inclusive, resilient, and healthy Indo-
(8) the United State should continue to en- Pacific that is characterized by democracy,
Subtitle A—Strategic and Diplomatic Matters gage on and deepen cooperation with allies rule of law, and market-driven economic
SEC. 3201. APPROPRIATE COMMITTEES OF CON- and partners of the United States in the growth, and is free from undue influence and
GRESS DEFINED. Indo-Pacific region, as laid out in the Asia coercion;
In this subtitle, the term ‘‘appropriate Reassurance Initiative Act (Public Law 115– (2) the United States should seek to expand
committees of Congress’’ means— 409), in the areas of— sustained dialogue and cooperation through
(1) the Committee on Foreign Relations (A) forecasting environmental challenges; the Quad with a range of partners to support
and the Committee on Appropriations of the (B) assisting with transnational coopera- the rule of law, freedom of navigation and
Senate; and tion on sustainable uses of forest and water overflight, peaceful resolution of disputes,
(2) the Committee on Foreign Affairs and resources with the goal of preserving bio- democratic values, and territorial integrity,
the Committee on Appropriations of the diversity and access to safe drinking water; and to uphold peace and prosperity and
House of Representatives. (C) fisheries and marine resource conserva- strengthen democratic resilience;
SEC. 3202. UNITED STATES COMMITMENT AND tion; and (3) the United States should seek to expand
SUPPORT FOR ALLIES AND PART- (D) meeting environmental challenges and avenues of cooperation with the Quad, in-
NERS IN THE INDO-PACIFIC. developing resilience; and cluding more regular military-to-military
(a) SENSE OF CONGRESS.—It is the sense of (9) the Secretary of State, in coordination dialogues, joint exercises, and coordinated
Congress that— with the Secretary of Defense and the Ad- policies related to shared interests such as
(1) the United States treaty alliances in ministrator of the United States Agency for protecting cyberspace and advancing mari-
the Indo-Pacific provide a unique strategic International Development, should facilitate time security;
advantage to the United States and are a robust interagency Indo-Pacific climate re- (4) the recent pledge from the first-ever
among the Nation’s most precious assets, en- siliency and adaptation strategy focusing on Quad leaders meeting on March 12, 2021, to
abling the United States to advance its vital internal and external actions needed— respond to the economic and health impacts
national interests, defend its territory, ex- (A) to facilitate regional early recovery, of COVID–19, including expanding safe, af-
pand its economy through international risk reduction, and resilience to weather-re- fordable, and effective vaccine production
trade and commerce, establish enduring co- lated impacts on strategic interests of the and equitable access, and to address shared
operation among like-minded countries, pre- United States and partners and allies of the challenges, including in cyberspace, critical
vent the domination of the Indo-Pacific and United States in the region; and technologies, counterterrorism, quality in-
its surrounding maritime and air lanes by a (B) to address humanitarian and food secu- frastructure investment, and humanitarian
hostile power or powers, and deter potential rity impacts of weather-related changes in assistance and disaster relief, as well as mar-
aggressors; the region. itime domains, further advances the impor-
(2) the Governments of the United States, (b) STATEMENT OF POLICY.—It shall be the tant cooperation among Quad nations that is
Japan, the Republic of Korea, Australia, the policy of the United States— so critical to the Indo-Pacific region;
Philippines, and Thailand are critical allies (1) to deepen diplomatic, economic, and se- (5) building upon their partnership to help
in advancing a free and open order in the curity cooperation between and among the finance 1,000,000,000 or more COVID–19 vac-
Indo-Pacific region and tackling challenges United States, Japan, the Republic of Korea, cines by the end of 2022 for use in the Indo-
with unity of purpose, and have collaborated Australia, the Philippines, and Thailand, in- Pacific region, the United States Inter-
to advance specific efforts of shared interest cluding through diplomatic engagement, re- national Development Finance Corporation,
in areas such as defense and security, eco- gional development, energy security and de- the Japan International Cooperation Agen-
nomic prosperity, infrastructure velopment, scientific and health partner- cy, and the Japan Bank for International Co-
connectivity, and fundamental freedoms; ships, educational and cultural exchanges, operation, including through partnerships
(3) the United States greatly values other missile defense, intelligence-sharing, space, with other multilateral development banks,
partnerships in the Indo-Pacific region, in- cyber, and other diplomatic and defense-re- should also venture to finance development
cluding with India, Singapore, Indonesia, lated initiatives; and infrastructure projects in the Indo-Pa-
Taiwan, New Zealand, and Vietnam as well (2) to uphold our multilateral and bilateral cific region that are sustainable and offer a
as regional architecture such as the Quad, treaty obligations, including— viable alternative to the investments of the
the Association of Southeast Asian Nations (A) defending Japan, including all areas People’s Republic of China in that region
(ASEAN), and the Asia-Pacific Economic under the administration of Japan, under ar- under the Belt and Road Initiative;
Community (APEC), which are essential to ticle V of the Treaty of Mutual Cooperation (6) in consultation with other Quad coun-
further shared interests; and Security Between the United States of tries, the President should establish clear
(4) the security environment in the Indo- America and Japan; deliverables for the 3 new Quad Working
Pacific demands consistent United States (B) defending the Republic of Korea under Groups established on March 12, 2021, which
and allied commitment to strengthening and article III of the Mutual Defense Treaty Be- are—
advancing our alliances so that they are pos- tween the United States and the Republic of (A) the Quad Vaccine Experts Working
tured to meet these challenges, and will re- Korea; Group;
quire sustained political will, concrete part- (C) defending the Philippines under article (B) the Quad Climate Working Group; and
nerships, economic, commercial, and techno- IV of the Mutual Defense Treaty Between (C) the Quad Critical and Emerging Tech-
logical cooperation, consistent and tangible the United States and the Republic of the nology Working Group; and
commitments, high-level and extensive con- Philippines; (7) the formation of a Quad Intra-Par-
sultations on matters of mutual interest, (D) defending Thailand under the 1954 Ma- liamentary Working Group could—
mutual and shared cooperation in the acqui- nila Pact and the Thanat-Rusk communique (A) sustain and deepen engagement be-
sition of key capabilities important to allied of 1962; and tween senior officials of the Quad countries
ctelli on DSK11ZRN23PROD with SENATE
defenses, and unified mutual support in the (E) defending Australia under article IV of on a full spectrum of issues; and
face of political, economic, or military coer- the Australia, New Zealand, United States (B) be modeled on the successful and long-
cion; Security Treaty; standing bilateral intra-parliamentary
(5) fissures in the United States alliance (3) to strengthen and deepen the United groups between the United States and Mex-
relationships and partnerships benefit States’ bilateral and regional partnerships, ico, Canada, and the United Kingdom, as well
United States adversaries and weaken collec- including with India, Taiwan, ASEAN, and as other formal and informal parliamentary
tive ability to advance shared interests; New Zealand; exchanges.
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S1386 CONGRESSIONAL RECORD — SENATE March 22, 2022
SEC. 3204. ESTABLISHMENT OF QUAD INTRA-PAR- delegation from the House of Representa- relocation of additional military personnel,
LIAMENTARY WORKING GROUP. tives and the chairperson of the delegation material, or equipment;
(a) ESTABLISHMENT.—Not later than 30 days from the Senate, respectively. (C) to oppose actions by any country that
after the date of the enactment of this Act, (6) PRIVATE SOURCES.—The United States prevent other countries from exercising their
the Secretary of State shall seek to enter Group may accept gifts or donations of serv- sovereign rights to the resources in their ex-
into negotiations with the governments of ices or property, subject to the review and clusive economic zones and continental
Japan, Australia, and India (collectively, approval, as appropriate, of the Committee shelves by enforcing claims to those areas in
with the United States, known as the on Ethics of the House of Representatives
‘‘Quad’’) with the goal of reaching a written the South China Sea that lack support in
and the Committee on Ethics of the Senate. international law; and
agreement to establish a Quad Intra-Par- (7) CERTIFICATION OF EXPENDITURES.—The
liamentary Working Group for the purpose of (D) to oppose unilateral declarations of ad-
certificate of the chairperson of the delega- ministrative and military districts in con-
acting on the recommendations of the Quad
tion from the House of Representatives or tested areas in the South China Sea;
Working Groups described in section 203(6)
the chairperson of the delegation from the (8) urge parties to refrain from unilateral
and to facilitate closer cooperation on
Senate of the United States Group shall be actions that cause permanent physical dam-
shared interests and values.
(b) UNITED STATES GROUP.— final and conclusive upon the accounting of- age to the marine environment and support
(1) IN GENERAL.—At such time as the gov- ficers in the auditing of the accounts of the the efforts of the National Oceanic and At-
ernments of the Quad countries enter into a United States Group. mospheric Administration and ASEAN to
written agreement described in subsection (8) ANNUAL REPORT.—The United States implement guidelines to address the illegal,
(a), there shall be established a United Group shall submit to the Committee on unreported, and unregulated fishing in the
States Group, which shall represent the Foreign Affairs of the House of Representa- region;
United States at the Quad Intra-Parliamen- tives and the Committee on Foreign Rela-
(9) urge ASEAN member states to develop
tary Working Group. tions of the Senate a report for each fiscal
a common approach to reaffirm the decision
(2) MEMBERSHIP.— year for which an appropriation is made for
of the Permanent Court of Arbitration’s 2016
(A) IN GENERAL.—The United States Group the United States Group, which shall include
ruling in favor of the Republic of the Phil-
shall be comprised of not more than 24 Mem- a description of its expenditures under such
ippines in the case against the People’s Re-
bers of Congress. appropriation.
public of China’s excessive maritime claims;
(B) APPOINTMENT.—Of the Members of Con- SEC. 3205. STATEMENT OF POLICY ON COOPERA- (10) reaffirm the commitment of the
gress appointed to the United States Group TION WITH ASEAN.
United States to continue joint efforts with
under subparagraph (A)— It is the policy of the United States to— ASEAN to halt human smuggling and traf-
(i) half shall be appointed by the Speaker (1) stand with the nations of the Associa- ficking in persons and urge ASEAN to create
of the House of Representatives from among tion of Southeast Asian Nations (ASEAN) as and strengthen regional mechanisms to pro-
Members of the House, not less than 4 of they respond to COVID–19 and support great- vide assistance and support to refugees and
whom shall be members of the Committee on er cooperation in building capacity to pre- migrants;
Foreign Affairs; and pare for and respond to pandemics and other (11) support the Mekong-United States
(ii) half shall be appointed by the President public health challenges; Partnership;
Pro Tempore of the Senate, based on rec- (2) support high-level United States par- (12) support newly created initiatives with
ommendations of the majority leader and ticipation in the annual ASEAN Summit ASEAN countries, including the United
minority leader of the Senate, from among held each year; States-ASEAN Smart Cities Partnership, the
Members of the Senate, not less than 4 of (3) reaffirm the importance of United ASEAN Policy Implementation Project, the
whom shall be members of the Committee on States-ASEAN economic engagement, in- United States-ASEAN Innovation Circle, and
Foreign Relations (unless the majority lead- cluding the elimination of barriers to cross-
the United States-ASEAN Health Futures;
er and minority leader determine otherwise). border commerce, and support the ASEAN
(13) encourage the President to commu-
(3) MEETINGS.— Economic Community’s (AEC) goals, includ-
nicate to ASEAN leaders the importance of
(A) IN GENERAL.—The United States Group ing strong, inclusive, and sustainable long-
promoting the rule of law and open and
shall seek to meet not less frequently than term economic growth and cooperation with
transparent government, strengthening civil
annually with representatives and appro- the United States that focuses on innovation
society, and protecting human rights, in-
priate staff of the legislatures of Japan, Aus- and capacity-building efforts in technology,
cluding releasing political prisoners, ceasing
tralia, and India, and any other country in- education, disaster management, food secu-
politically motivated prosecutions and arbi-
vited by mutual agreement of the Quad rity, human rights, and trade facilitation,
trary killings, and safeguarding freedom of
countries. particularly for ASEAN’s poorest countries;
the press, freedom of assembly, freedom of
(B) LIMITATION.—A meeting described in (4) urge ASEAN to continue its efforts to
subparagraph (A) may be held— foster greater integration and unity within religion, and freedom of speech and expres-
(i) in the United States; the ASEAN community, as well as to foster sion;
(ii) in another Quad country during periods greater integration and unity with non- (14) support efforts by organizations in
when Congress is not in session; or ASEAN economic, political, and security ASEAN that address corruption in the public
(iii) virtually. partners, including Japan, the Republic of and private sectors, enhance anti-bribery
(4) CHAIRPERSON AND VICE CHAIRPERSON.— Korea, Australia, the European Union, Tai- compliance, enforce bribery criminalization
(A) HOUSE DELEGATION.—The Speaker of wan, and India; in the private sector, and build beneficial
the House of Representatives shall designate (5) recognize the value of strategic eco- ownership transparency through the ASEAN-
the chairperson or vice chairperson of the nomic initiatives like United States-ASEAN USAID PROSPECT project partnered with
delegation of the United States Group from Connect, which demonstrates a commitment the South East Asia Parties Against Corrup-
the House from among members of the Com- to ASEAN and the AEC and builds upon eco- tion (SEA-PAC);
mittee on Foreign Affairs. nomic relationships in the region; (15) support the Young Southeast Asian
(B) SENATE DELEGATION.—The President (6) support ASEAN nations in addressing Leaders Initiative as an example of a people-
Pro Tempore of the Senate shall designate maritime and territorial disputes in a con- to-people partnership that provides skills,
the chairperson or vice chairperson of the structive manner and in pursuing claims networks, and leadership training to a new
delegation of the United States Group from through peaceful, diplomatic, and, as nec- generation that will create and fill jobs, fos-
the Senate from among members of the Com- essary, legitimate regional and international ter cross-border cooperation and partner-
mittee on Foreign Relations. arbitration mechanisms, consistent with ships, and rise to address the regional and
(5) AUTHORIZATION OF APPROPRIATIONS.— international law, including through the global challenges of the future;
(A) IN GENERAL.—There is authorized to be adoption of a code of conduct in the South (16) support the creation of initiatives
appropriated $1,000,000 for each of the fiscal China Sea that represents the interests of all similar to the Young Southeast Asian Lead-
years 2022 through 2025 for the United States parties and promotes peace and stability in ers Initiative for other parts of the Indo-Pa-
Group. the region; cific to foster people-to-people partnerships
(B) DISTRIBUTION OF APPROPRIATIONS.— (7) urge all parties involved in the mari- with an emphasis on civil society leaders;
(i) IN GENERAL.—For each fiscal year for time and territorial disputes in the Indo-Pa- (17) acknowledge those ASEAN govern-
which an appropriation is made for the cific region, including the Government of the ments that have fully upheld and imple-
United States Group, half of the amount ap- People’s Republic of China— mented all United Nations Security Council
propriated shall be available to the delega- (A) to cease any current activities, and resolutions and international agreements
tion from the House of Representatives and avoid undertaking any actions in the future, with respect to the Democratic People’s Re-
ctelli on DSK11ZRN23PROD with SENATE
half of the amount shall be available to the that undermine stability, or complicate or public of Korea’s nuclear and ballistic mis-
delegation from the Senate. escalate disputes through the use of coer- sile programs and encourage all other
(ii) METHOD OF DISTRIBUTION.—The cion, intimidation, or military force; ASEAN governments to do the same; and
amounts available to the delegations of the (B) to demilitarize islands, reefs, shoals, (18) allocate appropriate resources across
House of Representatives and the Senate and other features, and refrain from new ef- the United States Government to articulate
under clause (i) shall be disbursed on vouch- forts to militarize, including the construc- and implement an Indo-Pacific strategy that
ers to be approved by the chairperson of the tion of new garrisons and facilities and the respects and supports ASEAN centrality and
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1387
supports ASEAN as a source of well-func- PRC or CCP ownership interests, provide (27) The United Nations Conference on
tioning and problem-solving regional archi- equipment and services to international or- Trade and Development.
tecture in the Indo-Pacific community. ganizations; and (28) The United Nations Educational, Sci-
SEC. 3206. SENSE OF CONGRESS ON ENHANCING (I) efforts by the PRC’s United Nations entific, and Cultural Organization.
UNITED STATES–ASEAN COOPERA- Mission to generate criticism of the United (29) The United Nations Industrial Devel-
TION ON TECHNOLOGY ISSUES WITH States in the United Nations, including any opment Organization.
RESPECT TO THE PEOPLE’S REPUB- efforts to highlight delayed United States (30) The United Nations Institute for
LIC OF CHINA.
payments or to misrepresent total United Training and Research.
It is the sense of Congress that— (31) The United Nations Truce Supervision
States voluntary and assessed financial con-
(1) the United States and ASEAN should Organization.
tributions to the United Nations and its spe-
complete a joint analysis on risks of over- (32) The Universal Postal Union.
cialized agencies and programs.
reliance on Chinese equipment critical to (33) The World Customs Organization.
(2) The purpose and ultimate goals of the
strategic technologies and critical infra- (34) The World Health Organization.
expanded influence of the PRC government
structure; (35) The World Intellectual Property Orga-
and the Chinese Communist Party in inter-
(2) the United States and ASEAN should nization.
national organizations, including an analysis
share information about and collaborate on (36) The World Meteorological Organiza-
of PRC Government and Chinese Communist
screening Chinese investments in strategic tion.
Party strategic documents and rhetoric.
technology sectors and critical infrastruc- (37) The World Organization for Animal
(3) The tactics and means employed by the
ture; Health.
PRC government and the Chinese Com-
(3) the United States and ASEAN should (38) The World Tourism Organization.
munist Party to achieve expanded influence
work together on appropriate import restric- (39) The World Trade Organization.
in international organizations, including—
tion regimes regarding Chinese exports of (40) The World Bank Group.
(A) incentive programs for PRC nationals
surveillance technologies;
to join and run for leadership positions in SEC. 3208. REGULATORY EXCHANGES WITH AL-
(4) the United States should urge ASEAN LIES AND PARTNERS.
international organizations;
to adopt its March 2019 proposed sanctions (a) IN GENERAL.—The Secretary of State,
(B) coercive economic and other practices
regime targeting cyber attacks; in coordination with the heads of other par-
against other members in the organization;
(5) the United States should urge ASEAN ticipating executive branch agencies, shall
and
to commit to the September 2019 principles establish and develop a program to facilitate
(C) economic or other incentives provided
signed by 28 countries regarding ‘‘Advancing and encourage regular dialogues between
to international organizations, including do-
Responsible State Behavior in Cyberspace’’, United States Government regulatory and
nations of technologies or goods.
a set of commitments that support the technical agencies and their counterpart or-
(4) The successes and failures of the PRC
‘‘rules-based international order, affirm the ganizations in allied and partner countries,
government and Chinese Communist Party
applicability of international law to state- both bilaterally and in relevant multilateral
influence efforts in international organiza-
on-state behavior, adherence to voluntary institutions and organizations—
tions, especially those related to human
norms of responsible state behavior in peace- (1) to promote best practices in regulatory
rights, ‘‘internet sovereignty’’, the develop-
time, and the development and implementa- formation and implementation;
ment of norms on artificial intelligence,
tion of practical confidence building meas- (2) to collaborate to achieve optimal regu-
labor, international standards setting, and
ures to help reduce the risk of conflict stem- latory outcomes based on scientific, tech-
freedom of navigation.
ming from cyber incidents’’; and nical, and other relevant principles;
(6) the United States and ASEAN should (c) FORM.—The report submitted under
(3) to seek better harmonization and align-
explore how Chinese investments in critical subsection (a) shall be submitted in unclassi-
ment of regulations and regulatory prac-
technology, including artificial intelligence, fied form, but may include a classified
tices;
will impact Indo-Pacific security over the annex.
(4) to build consensus around industry and
coming decades. (d) DEFINITION.—In this section, the term technical standards in emerging sectors that
SEC. 3207. REPORT ON CHINESE INFLUENCE IN ‘‘international organizations’’ includes the will drive future global economic growth and
INTERNATIONAL ORGANIZATIONS. following: commerce; and
(a) REPORT REQUIRED.—Not later than 180 (1) The African Development Bank. (5) to promote United States standards re-
days after the date of the enactment of this (2) The Asian Development Bank. garding environmental, labor, and other rel-
Act, the Secretary of State, in coordination (3) The Asia Pacific Economic Cooperation. evant protections in regulatory formation
with the Director of National Intelligence, (4) The Bank of International Settlements. and implementation, in keeping with the
shall submit to the Committee on Foreign (5) The Caribbean Development Bank. values of free and open societies, including
Relations and the Select Committee on In- (6) The Food and Agriculture Organization. the rule of law.
telligence of the Senate and the Committee (7) The International Atomic Energy Agen- (b) PRIORITIZATION OF ACTIVITIES.—In fa-
on Foreign Affairs and the Permanent Select cy. cilitating expert exchanges under subsection
Committee on Intelligence of the House of (8) The International Bank for Reconstruc- (a), the Secretary shall prioritize—
Representatives a report on the expanded in- tion and Development. (1) bilateral coordination and collaboration
fluence of the Government of the People’s (9) The International Bureau of Weights with countries where greater regulatory co-
Republic of China and the Chinese Com- and Measures. herence, harmonization of standards, or com-
munist Party in international organizations. (10) The International Chamber of Com- munication and dialogue between technical
(b) CONTENTS.—The report required by sub- merce. agencies is achievable and best advances the
section (a) shall include analysis of the fol- (11) The International Civil Aviation Orga- economic and national security interests of
lowing: nization. the United States;
(1) The influence of the PRC and Chinese (12) The International Criminal Police Or- (2) multilateral coordination and collabo-
Communist Party in international organiza- ganization. ration where greater regulatory coherence,
tions and how that influence has expanded (13) The International Finance Corpora- harmonization of standards, or dialogue on
over the last 10 years, including— tion. other relevant regulatory matters is achiev-
(A) tracking countries’ voting patterns (14) The International Fund for Agricul- able and best advances the economic and na-
that align with Chinese government voting tural Development. tional security interests of the United
patterns; (15) The International Hydrographic Orga- States, including with—
(B) the number of PRC nationals in leader- nization. (A) the European Union;
ship positions at the D–1 level or higher; (16) The International Labor Organization. (B) the Asia-Pacific Economic Coopera-
(C) changes in PRC voluntary and manda- (17) The International Maritime Organiza- tion;
tory funding by organization; tion. (C) the Association of Southeast Asian Na-
(D) adoption of Chinese Communist Party (18) The International Monetary Fund. tions (ASEAN);
phrases and initiatives in international orga- (19) The International Olympic Committee. (D) the Organization for Economic Co-
nization language and programming; (20) The International Organization for Mi- operation and Development (OECD); and
(E) efforts by the PRC to secure legitimacy gration. (E) multilateral development banks; and
for its own foreign policy initiatives, includ- (21) The International Organization for (3) regulatory practices and standards-set-
ing the Belt and Road Initiative; Standardization. ting bodies focused on key economic sectors
(F) the number of Junior Professional Offi- (22) The International Renewable Energy and emerging technologies.
cers that the Government of the People’s Re- Agency. (c) PARTICIPATION BY NON-GOVERNMENTAL
ctelli on DSK11ZRN23PROD with SENATE
public of China has funded by organization; (23) The International Telecommuni- ENTITIES.—With regard to the program de-
(G) tactics used by the Government of the cations Union. scribed in subsection (a), the Secretary of
People’s Republic of China or the CCP to ma- (24) The Organization for Economic Co- State may facilitate, including through the
nipulate secret or otherwise non-public vot- operation and Development. use of amounts appropriated pursuant to
ing measures, voting bodies, or votes; (25) The Organization for the Prohibition subsection (e), the participation of private
(H) the extent to which technology compa- of Chemical Weapons. sector representatives, and other relevant
nies incorporated in the PRC, or which have (26) The United Nations. organizations and individuals with relevant
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S1388 CONGRESSIONAL RECORD — SENATE March 22, 2022
expertise, as appropriate and to the extent sharing, and other activities, to defend the ize the purposes of paragraphs (1) through
that such participation advances the goals of principles described in subparagraphs (A) (10).
such program. through (D) against efforts by state and non- (f) SPECIAL HIRING AUTHORITIES.—The Sec-
(d) DELEGATION OF AUTHORITY BY THE SEC- state actors to undermine them; retary of State may—
RETARY.—The Secretary of State is author- (2) harmonizing technology governance re- (1) appoint employees without regard to
ized to delegate the responsibilities de- gimes with partners, coordinating on basic the provisions of title 5, United States Code,
scribed in this section to the Under Sec- and pre-competitive research and develop- regarding appointments in the competitive
retary of State for Economic Growth, En- ment initiatives, and collaborating to pursue service; and
ergy, and the Environment. such opportunities in key technologies, in- (2) fix the basic compensation of such em-
(e) AUTHORIZATION OF APPROPRIATIONS.— ployees without regard to chapter 51 and
cluding—
(1) IN GENERAL.—There is authorized to be subchapter III of chapter 53 of such title re-
(A) artificial intelligence and machine
appropriated $2,500,000 for each of fiscal garding classification and General Schedule
learning;
years 2022 through 2026 to carry out this sec- pay rates.
tion. (B) 5G telecommunications and other ad-
vanced wireless networking technologies; (g) REPORT.—Not later than one year after
(2) USE OF FUNDS.—The Secretary may the date of the enactment of this Act, and
make available amounts appropriated pursu- (C) semiconductor manufacturing;
(D) biotechnology; annually thereafter for the next 3 years, the
ant to paragraph (1) in a manner that— Secretary of State, in coordination with the
(A) facilitates participation by representa- (E) quantum computing;
Director for National Intelligence, shall sub-
tives from technical agencies within the (F) surveillance technologies, including fa-
mit an unclassified report to the appropriate
United States Government and their coun- cial recognition technologies and censorship
congressional committees, with a classified
terparts; and software; and
index, if necessary, regarding—
(B) complies with applicable procedural re- (G) fiber optic cables;
(1) the activities of the Office, including
quirements under the State Department (3) coordinating with such countries re-
any cooperative initiatives and partnerships
Basic Authorities Act of 1956 (22 U.S.C. 2651a garding shared technology strategies, includ-
pursued with United States allies and part-
et seq.) and the Foreign Assistance Act of ing technology controls and standards, as
ners, and the results of those activities, ini-
1961 (22 U.S.C. 2151 et seq.). well as strategies with respect to the devel-
tiatives, and partnerships; and
SEC. 3209. TECHNOLOGY PARTNERSHIP OFFICE opment and acquisition of key technologies
(2) the activities of the Government of the
AT THE DEPARTMENT OF STATE. to provide alternatives for those countries
Peoples’ Republic of China, the Chinese Com-
(a) STATEMENT OF POLICY.—It shall be the utilizing systems supported by authoritarian
munist Party, and the Russian Federation in
policy of the United States to lead new tech- regimes;
key technology sectors and the threats they
nology policy partnerships focused on the (4) supporting and expanding adherence to
pose to the United States, including—
shared interests of the world’s technology- international treaties and frameworks gov-
(A) artificial intelligence and machine
leading democracies. erning the responsible use of new and emerg-
(b) ESTABLISHMENT.—The Secretary of learning;
ing technologies;
State shall establish an interagency-staffed (B) 5G telecommunications and other ad-
(5) coordinating the adoption of shared
Technology Partnership Office (referred to in vanced wireless networking technologies;
data privacy, data sharing, and data
this section as the ‘‘Office’’), which shall be (C) semiconductor manufacturing;
archiving standards among the United
housed in the Department of State. (D) biotechnology;
States and partner countries and relevant
(c) LEADERSHIP.— (E) quantum computing;
economic and political unions, including
(1) AMBASSADOR-AT-LARGE.—The Office (F) surveillance technologies, including fa-
complementary data protection regulations;
shall be headed by an Ambassador-at-Large cial recognition technologies and censorship
(6) coordinating with other technology
for Technology, who shall— software; and
partners on export control policies, including
(A) be appointed by the President, by and (G) fiber optic cables.
as appropriate through the Wassenaar Ar- (h) SENSE OF CONGRESS ON ESTABLISHING
with the advice and consent of the Senate; rangement On Export Controls for Conven-
(B) have the rank and status of ambas- INTERNATIONAL TECHNOLOGY PARTNERSHIP.—
tional Arms and Dual-Use Goods and Tech- It is the sense of Congress that the Ambas-
sador; and nologies, done at The Hague December 1995,
(C) report to the Secretary of State, unless sador-at-Large for Technology should seek
the Nuclear Suppliers Group, the Australia to establish an International Technology
otherwise directed. Group, and the Missile Technology Control
(2) OFFICE LIAISONS.—The Secretary of Partnership for the purposes described in
Regime; supply chain security; and invest- this section with foreign countries that
Commerce and the Secretary of the Treasury
ment in or licensing of critical infrastruc- have—
shall each appoint, from within their respec-
ture and dual-use technologies; (1) a democratic national government and
tive departments at the level of GS–14 or
(7) coordinating with members of tech- a strong commitment to democratic values,
higher, liaisons between the Office and the
nology partnerships on other policies regard- including an adherence to the rule of law,
Department of Commerce or the Department
ing the use and control of emerging and freedom of speech, and respect for and pro-
of the Treasury, as applicable, to perform
foundational technologies through appro- motion of human rights;
the following duties:
priate restrictions, investment screening, (2) an economy with advanced technology
(A) Collaborate with the Department of
and appropriate measures with respect to sectors; and
State on relevant technology initiatives and
partnerships. technology transfers; (3) a demonstrated record of trust or an ex-
(B) Provide technical and other relevant (8) coordinating policies, in coordination pressed interest in international cooperation
expertise to the Office, as appropriate. with the Department of Commerce, around and coordination with the United States on
(d) MEMBERSHIP.—In addition to the liai- the resiliency of supply chains in critical important defense and intelligence issues.
sons referred to in subsection (c), the Office technology areas, including possible diver- SEC. 3210. UNITED STATES REPRESENTATION IN
shall include a representative or expert sification of supply chain components to STANDARDS-SETTING BODIES.
detailee from key Federal agencies, as deter- countries involved in technology partner- (a) SHORT TITLE.—This section may be
mined by the Ambassador-at-Large for Tech- ships with the United States, while also cited as the ‘‘Promoting United States Inter-
nology. maintaining transparency surrounding sub- national Leadership in 5G Act of 2021’’.
(e) PURPOSES.—The purposes of the Office sidies and product origins; (b) SENSE OF CONGRESS.—It is the sense of
shall include responsibilities such as— (9) sharing information regarding the tech- Congress that—
(1) creating, overseeing, and carrying out nology transfer threat posed by authori- (1) the United States and its allies and
technology partnerships with countries and tarian governments and the ways in which partners should maintain participation and
relevant political and economic unions that autocratic regimes are utilizing technology leadership at international standards-setting
are committed to— to erode individual freedoms and other foun- bodies for 5th and future generation mobile
(A) the rule of law, freedom of speech, and dations of open, democratic societies; telecommunications systems and infrastruc-
respect for human rights; (10) administering the establishment of— ture;
(B) the safe and responsible development (A) the common funding mechanism for de- (2) the United States should work with its
and use of new and emerging technologies velopment and adoption of measurably se- allies and partners to encourage and facili-
and the establishment of related norms and cure semiconductors and measurably secure tate the development of secure supply chains
standards; semiconductors supply chains created in and and networks for 5th and future generation
(C) a secure internet architecture governed in accordance with the requirements of sec- mobile telecommunications systems and in-
by a multi-stakeholder model instead of cen- tion 9905 of the William M. (Mac) Thornberry frastructure; and
tralized government control; National Defense Authorization Act for Fis- (3) the maintenance of a high standard of
ctelli on DSK11ZRN23PROD with SENATE
(D) robust international cooperation to cal Year 2021 (Public Law 116–283); and security in telecommunications and cyber-
promote an open internet and interoperable (B) the multilateral telecommunications space between the United States and its al-
technological products and services that are security fund created in and in accordance lies and partners is a national security inter-
necessary to freedom, innovation, trans- with the requirements of section 9202 of such est of the United States.
parency, and privacy; and Act; and (c) ENHANCING REPRESENTATION AND LEAD-
(E) multilateral coordination, including (11) collaborating with private companies, ERSHIP OF UNITED STATES AT INTERNATIONAL
through diplomatic initiatives, information trade associations, and think tanks to real- STANDARDS-SETTING BODIES.—
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1389
(1) IN GENERAL.—The President shall— (2) Congress has authorized and mandated (2) Building support for international in-
(A) establish an interagency working group a broad range of sanctions and other restric- frastructure standards, including those
to provide assistance and technical expertise tions to address malign behavior and agreed to at the G20 summit in Osaka in 2018.
to enhance the representation and leadership incentivize behavior change by individuals (3) The erosion of democracy and human
of the United States at international bodies and entities in the PRC. rights.
that set standards for equipment, systems, (3) The sanctions and other restrictions au- (4) The security of 5G telecommunications.
software, and virtually defined networks thorized and mandated by Congress address a (5) Anti-competitive behavior, such as in-
that support 5th and future generation mo- range of malign PRC behavior, including— tellectual property theft, massive subsidiza-
bile telecommunications systems and infra- (A) intellectual property theft; tion of companies, and other policies and
structure, such as the International Tele- (B) cyber-related economic espionage; practices.
communication Union and the 3rd Genera- (C) repression of ethnic minorities; (6) Predatory international sovereign lend-
tion Partnership Project; and (D) other human rights abuses; ing that is inconsistent with Organisation
(B) work with allies, partners, and the pri- (E) abuses of the international trading sys- for Economic Cooperation and Development
vate sector to increase productive engage- tem; (OECD) and Paris Club principles.
ment. (F) illicit assistance to and trade with the (7) International influence campaigns.
(2) INTERAGENCY WORKING GROUP.—The Government of the Democratic People’s Re- (8) Environmental standards.
interagency working group described in public of Korea; and (9) Coordination with like-minded regional
paragraph (1)— (G) drug trafficking, including trafficking partners that are not in the G7 and G20.
(A) shall be chaired by the Secretary of in fentanyl and other opioids; SEC. 3213. ENHANCING THE UNITED STATES-TAI-
State or a designee of the Secretary of State; (4) The sanctions and other restrictions de- WAN PARTNERSHIP.
and scribed in this section include the following: (a) STATEMENT OF POLICY.—It is the policy
(B) shall consist of the head (or designee) (A) The Global Magnitsky Human Rights of the United States—
of each Federal department or agency the Accountability Act (subtitle F of title XII of (1) to recognize Taiwan as a vital part of
President determines appropriate. Public Law 114–328; 22 U.S.C. 2656 note). the United States Indo-Pacific strategy;
(3) BRIEFINGS.— (B) Section 1637 of the Carl Levin and How- (2) to advance the security of Taiwan and
(A) IN GENERAL.—Not later than 180 days ard P. ‘‘Buck’’ McKeon National Defense Au- its democracy as key elements for the con-
after the date of the enactment of this Act, thorization Act for Fiscal Year 2015 (50 tinued peace and stability of the greater
and subsequently thereafter as provided U.S.C. 1708).
under subparagraph (B), the interagency Indo-Pacific region, and a vital national se-
(C) The Fentanyl Sanctions Act (21 U.S.C. curity interest of the United States;
working group described in paragraph (1) 2301 et seq.).
shall provide a strategy to the appropriate (3) to reinforce its commitments to Taiwan
(D) The Hong Kong Autonomy Act (Public under the Taiwan Relations Act (Public Law
congressional committees that addresses— Law 116–149; 22 U.S.C. 5701 note).
(i) promotion of United States leadership 96–8) and the ‘‘Six Assurances’’;
(E) Section 7 of the Hong Kong Human (4) to support Taiwan’s implementation of
at international standards-setting bodies for Rights and Democracy Act of 2019 (Public
equipment, systems, software, and virtually its asymmetric defense strategy, including
Law 116–76; 22 U.S.C. 5701 note). the priorities identified in Taiwan’s Overall
defined networks relevant to 5th and future (F) Section 6 of the Uyghur Human Rights
generation mobile telecommunications sys- Defense Concept;
Policy Act of 2020 (Public Law 116–145; 22 (5) to urge Taiwan to increase its defense
tems and infrastructure, taking into account U.S.C. 6901 note).
the different processes followed by the var- spending in order to fully resource its de-
(G) The Export Control Reform Act of 2018 fense strategy;
ious international standard-setting bodies; (50 U.S.C. 4801 et seq.).
(ii) diplomatic engagement with allies and (6) to conduct regular transfers of defense
(H) Export control measures required to be articles to Taiwan in order to enhance Tai-
partners to share security risk information maintained with respect to entities in the
and findings pertaining to equipment that wan’s self-defense capabilities, particularly
telecommunications sector of the People’s its efforts to develop and integrate asym-
supports or is used in 5th and future genera- Republic of China, including under section
tion mobile telecommunications systems metric capabilities, including anti-ship,
1260I of the National Defense Authorization coastal defense, anti-armor, air defense, un-
and infrastructure and cooperation on miti- Act for Fiscal Year 2020 (Public Law 116–92).
gating such risks; dersea warfare, advanced command, control,
(I) Section 311 of the Countering America’s communications, computers, intelligence,
(iii) China’s presence and activities at Adversaries Through Sanctions Act of 2018
international standards-setting bodies rel- surveillance, and reconnaissance, and resil-
(Public Law 115–44; 131 Stat. 942). ient command and control capabilities, into
evant to 5th and future generation mobile (J) The prohibition on the export of cov-
telecommunications systems and infrastruc- its military forces;
ered munitions and crime control items to (7) to advocate and actively advance Tai-
ture, including information on the dif- the Hong Kong Police Force under the Act
ferences in the scope and scale of China’s en- wan’s meaningful participation in the United
entitled ‘‘An Act to prohibit the commercial Nations, the World Health Assembly, the
gagement at such bodies compared to en- export of covered munitions and crime con-
gagement by the United States or its allies International Civil Aviation Organization,
trol items to the Hong Kong Police Force’’, the International Criminal Police Organiza-
and partners and the security risks raised by approved November 27, 2019 (Public Law 116–
Chinese proposals in such standards-setting tion, and other international bodies as ap-
77; 133 Stat. 1173), as amended by section 1252 propriate;
bodies; and of the William M. (Mac) Thornberry National
(iv) engagement with private sector com- (8) to advocate for information sharing
Defense Authorization Act for Fiscal Year with Taiwan in the International Agency for
munications and information service pro- 2021 (Public Law 116–283).
viders, equipment developers, academia, Fed- Research on Cancer;
(5) Full implementation of the authorities (9) to promote meaningful cooperation
erally funded research and development cen- described in paragraph (4) is required under
ters, and other private-sector stakeholders among the United States, Taiwan, and other
the respective laws described therein and like-minded partners;
to propose and develop secure standards for pursuant to the Take Care Clause of the Con-
equipment, systems, software, and virtually (10) to enhance bilateral trade, including
stitution (article II, section 3). potentially through new agreements or re-
defined networks that support 5th and future
(b) SENSE OF CONGRESS.—It is the sense of sumption of talks related to a possible Trade
generation mobile telecommunications sys-
Congress that— and Investment Framework Agreement;
tems and infrastructure.
(1) the executive branch has not fully im- (11) to actively engage in trade talks in
(B) SUBSEQUENT BRIEFINGS.—Upon receiv-
plemented the sanctions and other restric- pursuance of a bilateral free trade agree-
ing a request from the appropriate congres-
tions described in subsection (a)(4) despite ment;
sional committees, or as determined appro-
the statutory and constitutional require- (12) to expand bilateral economic and tech-
priate by the chair of the interagency work-
ments to do so; and nological cooperation, including improving
ing group established pursuant to paragraph
(2) the President’s full implementation and supply chain security;
(1), the interagency working group shall pro-
execution of the those authorities is a nec- (13) to support United States educational
vide such committees an updated briefing
essary and essential component to the suc- and exchange programs with Taiwan, includ-
that covers the matters described in clauses
cess of the United States in the strategic ing by promoting the study of Chinese lan-
(i) through (iv) of subparagraph (A).
competition with China. guage, culture, history, and politics in Tai-
SEC. 3211. SENSE OF CONGRESS ON CENTRALITY
OF SANCTIONS AND OTHER RE- SEC. 3212. SENSE OF CONGRESS ON NEGOTIA- wan; and
STRICTIONS TO STRATEGIC COM- TIONS WITH G7 AND G20 COUNTRIES. (14) to expand people-to-people exchanges
PETITION WITH CHINA. (a) IN GENERAL.—It is the sense of Congress between the United States and Taiwan.
ctelli on DSK11ZRN23PROD with SENATE
(a) FINDINGS.—Congress makes the fol- that the President, acting through the Sec- (b) SUPPORTING UNITED STATES EDU-
lowing findings: retary of State, should initiate an agenda CATIONAL AND EXCHANGE PROGRAMS WITH
(1) Sanctions and other restrictions, when with G7 and G20 countries on matters rel- TAIWAN.—
used as part of a coordinated and comprehen- evant to economic and democratic freedoms, (1) ESTABLISHMENT OF THE UNITED STATES-
sive strategy, are a powerful tool to advance including the following: TAIWAN CULTURAL EXCHANGE FOUNDATION.—
United States foreign policy and national se- (1) Trade and investment issues and en- The Secretary of State should consider es-
curity interests. forcement. tablishing an independent nonprofit that—
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S1390 CONGRESSIONAL RECORD — SENATE March 22, 2022
(A) is dedicated to deepening ties between (2) AGENCY OF THE UNITED STATES GOVERN- (4) CURRICULUM.—
the future leaders of Taiwan and the United MENT.—The term ‘‘agency of the United (A) FIRST YEAR.—During the first year of
States; and States Government’’ includes the Govern- each fellowship under this subsection, each
(B) works with State and local school dis- ment Accountability Office, Congressional fellow should study—
tricts and educational institutions to send Budget Office, or the Congressional Research (i) the Mandarin Chinese language;
high school and university students to Tai- Service of the legislative branch as well as (ii) the people, history, and political cli-
wan to study the Chinese language, culture, any agency of the executive branch. mate on Taiwan; and
history, politics, and other relevant subjects. (3) APPROPRIATE COMMITTEES OF CON- (iii) the issues affecting the relationship
(2) PARTNER.—State and local school dis- GRESS.—The term ‘‘appropriate committees between the United States and the Indo-Pa-
tricts and educational institutions, including of Congress’’ means— cific region.
public universities, are encouraged to part- (A) the Committee on Appropriations of (B) SECOND YEAR.—During the second year
ner with the Taipei Economic and Cultural the Senate; of each fellowship under this subsection,
Representative Office in the United States to (B) the Committee on Foreign Relations of each fellow, subject to the approval of the
establish programs to promote an increase in the Senate; Department of State, the American Institute
educational and cultural exchanges. (C) the Committee on Appropriations of in Taiwan, and the implementing partner,
SEC. 3214. TAIWAN FELLOWSHIP PROGRAM. the House of Representatives; and and in accordance with the purposes of this
(D) the Committee on Foreign Affairs of section, should work in—
(a) SHORT TITLE.—This section may be
the House of Representatives. (i) a parliamentary office, ministry, or
cited as the ‘‘Taiwan Fellowship Act’’.
(4) DETAILEE.—The term ‘‘detailee’’— other agency of the governing authorities on
(b) FINDINGS.—Congress finds the fol-
(A) means an employee of a branch of the Taiwan; or
lowing:
United States Government on loan to the (ii) an organization outside of the gov-
(1) The Taiwan Relations Act (Public Law
American Institute in Taiwan, without a erning authorities on Taiwan, whose inter-
96–8; 22 U.S.C. 3301 et seq.) affirmed United
change of position from the agency at which ests are associated with the interests of the
States policy ‘‘to preserve and promote ex-
he or she is employed; and fellow and the agency of the United States
tensive, close, and friendly commercial, cul-
(B) a legislative branch employee from the Government from which the fellow had been
tural, and other relations between the people Government Accountability Office, Congres- employed.
of the United States and the people on Tai- sional Budget Office, or the Congressional (5) FLEXIBLE FELLOWSHIP DURATION.—Not-
wan, as well as the people on the China Research Service. withstanding any requirement under this
mainland and all other peoples of the West- (5) IMPLEMENTING PARTNER.—The term subsection, the Secretary of State, in con-
ern Pacific area’’. ‘‘implementing partner’’ means any United sultation with the American Institute in
(2) Consistent with the Asia Reassurance States organization described in 501(c)(3) of Taiwan and, as appropriate, the imple-
Initiative Act of 2018 (Public Law 115–409), the Internal Revenue Code of 1986 that— menting partner, may award fellowships that
the United States has grown its strategic (A) performs logistical, administrative, have a duration of less than two years, and
partnership with Taiwan’s vibrant democ- and other functions, as determined by the may alter the curriculum requirements
racy of 23,000,000 people. Department of State and the American Insti- under paragraph (4) for such purposes.
(3) Despite a concerted campaign by the tute of Taiwan in support of the Taiwan Fel- (6) SUNSET.—The fellowship program under
People’s Republic of China to isolate Taiwan lowship Program; and this subsection shall terminate 7 years after
from its diplomatic partners and from inter- (B) enters into a cooperative agreement the date of the enactment of this Act.
national organizations, including the World with the American Institute in Taiwan to (f) PROGRAM REQUIREMENTS.—
Health Organization, Taiwan has emerged as administer the Taiwan Fellowship Program. (1) ELIGIBILITY REQUIREMENTS.—A United
a global leader in the coronavirus global (e) ESTABLISHMENT OF TAIWAN FELLOWSHIP States citizen is eligible for a fellowship
pandemic response, including by donating PROGRAM.— under subsection (e) if he or she—
more than 2,000,000 surgical masks and other (1) ESTABLISHMENT.—The Secretary of (A) is an employee of the United States
medical equipment to the United States. State shall establish the ‘‘Taiwan Fellowship Government;
(4) The creation of a United States fellow- Program’’ (referred to in this subsection as (B) has received at least one exemplary
ship program with Taiwan would support— the ‘‘Program’’) to provide a fellowship op- performance review in his or her current
(A) a key priority of expanding people-to- portunity in Taiwan of up to 2 years for eli- United States Government role within at
people exchanges, which was outlined in gible United States citizens. The Department least the last three years prior to beginning
President Donald J. Trump’s 2017 National of State, in consultation with the American the fellowship;
Security Strategy; Institute in Taiwan and the implementing (C) has at least 2 years of experience in any
(B) President Joseph R. Biden’s commit- partner, may modify the name of the Pro- branch of the United States Government;
ment to Taiwan, ‘‘a leading democracy and a gram. (D) has a demonstrated professional or edu-
critical economic and security partner,’’ as (2) COOPERATIVE AGREEMENT.— cational background in the relationship be-
expressed in his March 2021 Interim National (A) IN GENERAL.—The American Institute tween the United States and countries in the
Security Strategic Guidance; and in Taiwan should use amounts appropriated Indo-Pacific region; and
(C) April 2021 guidance from the Depart- pursuant to subsection (h)(1) to enter into an (E) has demonstrated his or her commit-
ment of State based on a review required annual or multi-year cooperative agreement ment to further service in the United States
under the Taiwan Assurance Act of 2020 (sub- with an appropriate implementing partner. Government.
title B of title III of division FF of Public (B) FELLOWSHIPS.—The Department of (2) RESPONSIBILITIES OF FELLOWS.—Each re-
Law 116–260) to ‘‘encourage U.S. government State, in consultation with the American In- cipient of a fellowship under subsection (e)
engagement with Taiwan that reflects our stitute in Taiwan and, as appropriate, the shall agree, as a condition of such fellow-
deepening unofficial relationship’’. implementing partner, should award to eligi- ship—
(c) PURPOSES.—The purposes of this section ble United States citizens, subject to avail- (A) to maintain satisfactory progress in
are— able funding— language training and appropriate behavior
(1) to further strengthen the United (i) approximately 5 fellowships during the in Taiwan, as determined by the Department
States-Taiwan strategic partnership and first 2 years of the Program; and of State, the American Institute in Taiwan
broaden understanding of the Indo-Pacific (ii) approximately 10 fellowships during and, as appropriate, its implementing part-
region by temporarily assigning officials of each of the remaining years of the Program. ner;
agencies of the United States Government to (3) INTERNATIONAL AGREEMENT; IMPLE- (B) to refrain from engaging in any intel-
Taiwan for intensive study in Mandarin and MENTING PARTNER.—Not later than 30 days ligence or intelligence-related activity on
placement as Fellows with the governing au- after the date of the enactment of this Act, behalf of the United States Government; and
thorities on Taiwan or a Taiwanese civic in- the American Institute in Taiwan, in con- (C) to continue Federal Government em-
stitution; sultation with the Department of State, ployment for a period of not less than 4 years
(2) to provide for eligible United States should— after the conclusion of the fellowship or for
personnel to learn or strengthen Mandarin (A) begin negotiations with the Taipei Eco- not less than 2 years for a fellowship that is
Chinese language skills and to expand their nomic and Cultural Representative Office, or 1 year or shorter.
understanding of the political economy of with another appropriate entity, for the pur- (3) RESPONSIBILITIES OF IMPLEMENTING
Taiwan and the Indo-Pacific region; and pose of entering into an agreement to facili- PARTNER.—
(3) to better position the United States to tate the placement of fellows in an agency of (A) SELECTION OF FELLOWS.—The imple-
advance its economic, security, and human the governing authorities on Taiwan; and menting partner, in close coordination with
rights interests and values in the Indo-Pa- (B) begin the process of selecting an imple- the Department of State and the American
ctelli on DSK11ZRN23PROD with SENATE
cific region. menting partner, which— Institute in Taiwan, shall—
(d) DEFINITIONS.—In this section: (i) shall agree to meet all of the legal re- (i) make efforts to recruit fellowship can-
(1) AGENCY HEAD.—The term ‘‘agency head’’ quirements required to operate in Taiwan; didates who reflect the diversity of the
means in the case of the executive branch of and United States;
United States Government, or a legislative (ii) shall be composed of staff who dem- (ii) select fellows for the Taiwan Fellow-
branch agency described in paragraph (2), the onstrate significant experience managing ex- ship Program based solely on merit, with ap-
head of the respective agency. change programs in the Indo-Pacific region. propriate supervision from the Department
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1391
of State and the American Institute in Tai- offer to brief the appropriate committees of thorities on Taiwan or an organization de-
wan; and Congress regarding the following issues: scribed in subsection (e)(4)(B)(ii).
(iii) prioritize the selection of candidates (A) An assessment of the performance of (B) AGREEMENT.—Each detailee shall enter
willing to serve a fellowship lasting 1 year or the implementing partner in fulfilling the into a written agreement with the Federal
longer. purposes of this section. Government before receiving a fellowship, in
(B) FIRST YEAR.—The implementing part- (B) The names and sponsoring agencies of which the fellow shall agree—
ner should provide each fellow in the first the fellows selected by the implementing (i) to continue in the service of the spon-
year (or shorter duration, as jointly deter- partner and the extent to which such fellows soring agency at the end of fellowship for a
mined by the Department of State and the represent the diversity of the United States. period of at least 4 years (or at least 2 years
American Institute in Taiwan for those who (C) The names of the parliamentary of- if the fellowship duration is 1 year or short-
are not serving a 2-year fellowship) with— fices, ministries, other agencies of the gov- er) unless the detailee is involuntarily sepa-
(i) intensive Mandarin Chinese language erning authorities on Taiwan, and non- rated from the service of such agency; and
training; and governmental institutions to which each fel-
(ii) courses in the political economy of Tai- (ii) to pay to the American Institute in
low was assigned during the second year of
wan, China, and the broader Indo-Pacific. Taiwan any additional expenses incurred by
the fellowship.
(C) WAIVER OF REQUIRED TRAINING.—The the Federal Government in connection with
(D) Any recommendations, as appropriate,
Department of State, in coordination with the fellowship if the detailee voluntarily sep-
to improve the implementation of the Tai-
the American Institute in Taiwan and, as ap- arates from service with the sponsoring
wan Fellowship Program, including added
propriate, the implementing partner, may flexibilities in the administration of the pro- agency before the end of the period for which
waive any of the training required under sub- gram. the detailee has agreed to continue in the
paragraph (B) to the extent that a fellow has (E) An assessment of the Taiwan Fellow- service of such agency.
Mandarin language skills, knowledge of the ship Program’s value upon the relationship (C) EXCEPTION.—The payment agreed to
topic described in subparagraph (B)(ii), or for between the United States and Taiwan or the under subparagraph (B)(ii) may not be re-
other related reasons approved by the De- United States and Asian countries. quired of a detailee who leaves the service of
partment of State and the American Insti- (6) ANNUAL FINANCIAL AUDIT.— the sponsoring agency to enter into the serv-
tute in Taiwan. If any of the training re- (A) IN GENERAL.—The financial records of ice of another agency of the United States
quirements are waived for a fellow serving a any implementing partner shall be audited Government unless the head of the spon-
2-year fellowship, the training portion of his annually in accordance with generally ac- soring agency notifies the detailee before the
or her fellowship may be shortened to the ex- cepted auditing standards by independent effective date of entry into the service of the
tent appropriate. certified public accountants or independent other agency that payment will be required
(D) OFFICE; STAFFING.—The implementing licensed public accountants who are certified under this subsection.
partner, in consultation with the Depart- or licensed by a regulatory authority of a (2) STATUS AS GOVERNMENT EMPLOYEE.—A
ment of State and the American Institute in State or another political subdivision of the detailee—
Taiwan, may maintain an office and at least United States. (A) is deemed, for the purpose of preserving
1 full-time staff member in Taiwan— (B) LOCATION.—Each audit under subpara- allowances, privileges, rights, seniority, and
(i) to liaise with the American Institute in graph (A) shall be conducted at the place or other benefits, to be an employee of the
Taiwan and the governing authorities on
places where the financial records of the im- sponsoring agency;
Taiwan; and
plementing partner are normally kept. (B) is entitled to pay, allowances, and ben-
(ii) to serve as the primary in-country
(C) ACCESS TO DOCUMENTS.—The imple- efits from funds available to such agency,
point of contact for the recipients of fellow-
menting partner shall make available to the which is deemed to comply with section 5536
ships under this section and their depend-
accountants conducting an audit under sub- of title 5, United States Code; and
ents.
paragraph (A)— (C) may be assigned to a position with an
(E) OTHER FUNCTIONS.—The implementing
(i) all books, financial records, files, other entity described in section (f)(4)(B)(i) if ac-
partner may perform other functions in asso-
papers, things, and property belonging to, or ceptance of such position does not involve—
ciation in support of the Taiwan Fellowship
Program, including logistical and adminis- in use by, the implementing partner that are (i) the taking of an oath of allegiance to
trative functions, as prescribed by the De- necessary to facilitate the audit; and another government; or
partment of State and the American Insti- (ii) full facilities for verifying transactions (ii) the acceptance of compensation or
tute in Taiwan. with the balances or securities held by de- other benefits from any foreign government
(4) NONCOMPLIANCE.— positories, fiscal agents, and custodians. by such detailee.
(A) IN GENERAL.—Any fellow who fails to (D) REPORT.— (3) RESPONSIBILITIES OF SPONSORING AGEN-
comply with the requirements under this (i) IN GENERAL.—Not later than 6 months CY.—
subsection shall reimburse the American In- after the end of each fiscal year, the imple- (A) IN GENERAL.—The Federal agency from
stitute in Taiwan for— menting partner shall provide a report of the which a detailee is detailed should provide
(i) the Federal funds expended for the fel- audit conducted for such fiscal year under
the fellow allowances and benefits that are
low’s participation in the fellowship, as set subparagraph (A) to the Department of State
consistent with Department of State Stand-
forth in subparagraphs (B) and (C); and and the American Institute in Taiwan.
ardized Regulations or other applicable rules
(ii) interest accrued on such funds (cal- (ii) CONTENTS.—Each audit report shall—
and regulations, including—
culated at the prevailing rate). (I) set forth the scope of the audit;
(i) a living quarters allowance to cover the
(B) FULL REIMBURSEMENT.—Any fellow who (II) include such statements, along with
the auditor’s opinion of those statements, as cost of housing in Taiwan;
violates subparagraph (A) or (B) of paragraph (ii) a cost of living allowance to cover any
(2) shall reimburse the American Institute in may be necessary to present fairly the imple-
menting partner’s assets and liabilities, sur- possible higher costs of living in Taiwan;
Taiwan in an amount equal to the sum of— (iii) a temporary quarters subsistence al-
(i) all of the Federal funds expended for the plus or deficit, with reasonable detail;
(III) include a statement of the imple- lowance for up to 7 days if the fellow is un-
fellow’s participation in the fellowship; and
menting partner’s income and expenses dur- able to find housing immediately upon arriv-
(ii) interest on the amount specified in
ing the year; and ing in Taiwan;
clause (i), which shall be calculated at the
(IV) include a schedule of— (iv) an education allowance to assist par-
prevailing rate.
(aa) all contracts and cooperative agree- ents in providing the fellow’s minor children
(C) PRO RATA REIMBURSEMENT.—Any fellow
ments requiring payments greater than with educational services ordinarily pro-
who violates paragraph (2)(C) shall reim-
burse the American Institute in Taiwan in $5,000; and vided without charge by public schools in the
an amount equal to the difference between— (bb) any payments of compensation, sala- United States;
(i) the amount specified in subparagraph ries, or fees at a rate greater than $5,000 per (v) moving expenses to transport personal
(B); and year. belongings of the fellow and his or her family
(ii) the product of— (iii) COPIES.—Each audit report shall be in their move to Taiwan, which is com-
(I) the amount the fellow received in com- produced in sufficient copies for distribution parable to the allowance given for American
pensation during the final year of the fellow- to the public. Institute in Taiwan employees assigned to
ship, including the value of any allowances (g) TAIWAN FELLOWS ON DETAIL FROM GOV- Taiwan; and
and benefits received by the fellow; multi- ERNMENT SERVICE.— (vi) an economy-class airline ticket to and
plied by (1) IN GENERAL.— from Taiwan for each fellow and the fellow’s
(II) the percentage of the period specified (A) DETAIL AUTHORIZED.—With the ap- immediate family.
ctelli on DSK11ZRN23PROD with SENATE
in paragraph (2)(C) during which the fellow proval of the Secretary of State, an agency (B) MODIFICATION OF BENEFITS.—The Amer-
did not remain employed by the Federal Gov- head may detail, for a period of not more ican Institute in Taiwan and its imple-
ernment. than 2 years, an employee of the agency of menting partner, with the approval of the
(5) ANNUAL REPORT.—Not later than 90 days the United States Government who has been Department of State, may modify the bene-
after the selection of the first class of fellows awarded a fellowship under this section, to fits set forth in subparagraph (A) if such
under this section, and annually thereafter the American Institute in Taiwan for the modification is warranted by fiscal cir-
for 7 years, the Department of State shall purpose of assignment to the governing au- cumstances.
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S1392 CONGRESSIONAL RECORD — SENATE March 22, 2022
(4) NO FINANCIAL LIABILITY.—The American not place any restrictions on the ability of tor of National Intelligence, in coordination
Institute in Taiwan, the implementing part- officials of the Department of State and with the Secretary of State, the Secretary of
ner, and any governing authorities on Tai- other United States Government depart- Health and Human Services, the Secretary of
wan or nongovernmental entities in Taiwan ments and agencies to interact directly and Energy, and other relevant executive depart-
at which a fellow is detailed during the sec- routinely with counterparts in the Taiwan ments, shall submit to the appropriate com-
ond year of the fellowship may not be held government. mittees of Congress a report consisting of—
responsible for the pay, allowances, or any (b) RULE OF CONSTRUCTION.—Nothing in (1) an assessment of the most likely source
other benefit normally provided to the this paragraph shall be construed as entail- or origin of the SARS–CoV–2 virus, including
detailee. ing restoration of diplomatic relations with a detailed review of all information the
(5) REIMBURSEMENT.—Fellows may be de- the Republic of China (Taiwan) or altering United States possesses that it has identified
tailed under paragraph (1)(A) without reim- the United States Government’s position on as potentially relevant to the source or ori-
bursement to the United States by the Taiwan’s international status. gin of the SARS–CoV–2 virus, including
American Institute in Taiwan. SEC. 3216. TAIWAN SYMBOLS OF SOVEREIGNTY. zoonotic transmission and spillover, the
(6) ALLOWANCES AND BENEFITS.—Detailees (a) IN GENERAL.—Not later than 90 days Wuhan Institute of Virology (WIV), or other
may be paid by the American Institute in after the date of the enactment of this Act, sources of origin, transmission, or spillover,
Taiwan for the allowances and benefits listed the Secretary of State shall rescind any con- based on the information the United States
in paragraph (3). tact guideline, internal restriction, section Government has to date;
(h) FUNDING.— of the Foreign Affairs Manual or Foreign Af- (2) an identification of the leading credible
(1) AUTHORIZATION OF APPROPRIATIONS.— fairs Handbook, related guidance, or related theories of the etiology of the SARS–CoV–2
There are authorized to be appropriated to policies that, explicitly or implicitly, includ- virus by the United States Government, the
the American Institute in Taiwan— ing through restrictions or limitations on steps the United States has taken to validate
(A) for fiscal year 2022, $2,900,000, of activities of United States personnel, limits those theories, and any variance in assess-
which— the ability of members of the armed forces of ment or dissent among or between United
(i) $500,000 shall be used to launch the Tai- the Republic of China (Taiwan)and govern- States intelligence agencies, executive agen-
wan Fellowship Program through a competi- ment representatives from the Taipei Eco- cies, and executive offices of the most likely
tive cooperative agreement with an appro- nomic and Cultural Representative Office source or origin of the SARS–CoV–2 virus,
priate implementing partner; (TECRO) to display for official purposes and the basis for such variance or dissent;
(ii) $2,300,000 shall be used to fund a cooper- symbols of Republic of China sovereignty, in- (3) a description of all steps the United
ative agreement with the appropriate imple- cluding— States Government has taken to identify and
menting partner; and (1) the flag of the Republic of China (Tai- investigate the source of the SARS–CoV–2
(iii) $100,000 shall be used for management wan); and virus, including a timeline of such efforts;
expenses of the American Institute in Tai- (2) the corresponding emblems or insignia (4) a detailed description of the data to
wan related to the management of the Tai- of military units. which the United States and the WHO have
wan Fellowship Program; and (b) OFFICIAL PURPOSES DEFINED.—In this requested and have access to in order to de-
(B) for fiscal year 2023, and each succeeding section, the term ‘‘official purposes’’ termine the origin of the source of the
fiscal year, $2,400,000, of which— means— SARS–CoV–2 virus;
(i) $2,300,000 shall be used to fund a cooper- (1) the wearing of official uniforms; (5) an account of efforts by the PRC to co-
ative agreement with an appropriate imple- (2) conducting government-hosted cere- operate with, impede, or obstruct any in-
menting partner; and monies or functions; and quiry or investigation to determine the
(ii) $100,000 shall be used for management (3) appearances on Department of State so- source and transmission of SARS–CoV–2
expenses of the American Institute in Tai- cial media accounts promoting engagements virus, including into a possible lab leak, or
wan related to the management of the Tai- with Taiwan. to create or spread misinformation or
wan Fellowship Program. (c) RULE OF CONSTRUCTION.—Nothing in disinformation regarding the source and
(2) PRIVATE SOURCES.—The implementing this section shall be construed as entailing transmission of SARS–CoV–2 virus by the
partner selected to implement the Taiwan restoration of diplomatic relations with the PRC or CCP, including by national and local
Fellowship Program may accept, use, and Republic of China (Taiwan) or altering the governmental and health entities;
dispose of gifts or donations of services or United States Government’s position on Tai- (6) a detailed account of information
property in carrying out such program, sub- wan’s international status. known to the United States Government re-
ject to the review and approval of the Amer- SEC. 3217. REPORT ON ORIGINS OF THE COVID–19 garding the WIV and associated facilities, in-
ican Institute in Taiwan. PANDEMIC. cluding research activities on coronaviruses
(i) STUDY AND REPORT.—Not later than one and gain-of-function research, any reported
(a) SENSE OF CONGRESS.—It is the sense of
year prior to the sunset of the fellowship illnesses of persons associated with the lab-
Congress that—
program under subsection (e), the Comp- oratory with symptoms consistent with
(1) it is critical to understand the origins
troller General of the United States shall COVID–19 and the ultimate diagnosis, and a
conduct a study and submit to the Com- of the COVID–19 pandemic so the United
States can better prepare, prevent, and re- timeline of research relevant to
mittee on Foreign Relations of the Senate coronaviruses;
and the Committee on Foreign Affairs of the spond to pandemic health threats in the fu-
ture; (7) a list of any known obligations on the
House a report that includes— PRC that require disclosure and cooperation
(2) given the impact of the COVID–19 pan-
demic on all Americans, the American peo- in the event of a viral outbreak like SARS–
(A) an analysis of the United States Gov- CoV–2; and
ernment participants in this program, in- ple deserve to know what information the
United States Government possesses about (8) an overview of United States engage-
cluding the number of applicants and the ment with the PRC with respect to
number of fellowships undertaken, the place the origins of COVID–19, as appropriate;
(3) Congress shares the concerns expressed coronaviruses that includes—
of employment, and as assessment of the (A) a detailed accounting of United States
costs and benefits for participants and for by the United States Government and 13
other foreign governments that the inter- engagement with the WIV and similar labs in
the United States Government of such fel- the PRC specific to coronaviruses, including
lowships; national team of experts dispatched to the
People’s Republic of China by the World a detailed accounting of United States Gov-
(B) an analysis of the financial impact of ernment-sponsored research and funding and
the fellowship on United States Government Health Organization (WHO) to study the ori-
gins of the SARS–CoV–2 virus was ‘‘signifi- diplomatic engagements such as ‘‘track 1.5’’
offices which have provided Fellows to par- and ‘‘track 2’’ engagements; and
ticipate in the program; and cantly delayed and lacked access to com-
plete, original data and samples’’; (B) an assessment of any additional scru-
(C) recommendations, if any, on how to im- tiny of United States Government funding to
prove the fellowship program. (4) the March 30, 2021, statement by the Di-
rector-General of the WHO, Dr. Tedros support gain-of-function research in the PRC
SEC. 3215. TREATMENT OF TAIWAN GOVERN- after the moratorium on such funding was
MENT. Adhanom Ghebreyesus, further affirms that
the investigative team had encountered ‘‘dif- lifted in 2017, and whether United States
(a) IN GENERAL.—The Department of State
ficulties’’ in accessing necessary raw data, Government funding was used to support
and other United States Government depart-
that ‘‘we have not yet found the source of gain-of-function research in the PRC, during
ments and agencies shall engage with the
the virus,’’ and that ‘‘all hypotheses remain the moratorium on gain-of-function research
democratically elected government of Tai-
on the table’’; and (2014–2017).
wan as the legitimate representative of the
people of Taiwan and end the outdated prac- (5) it is critical for independent experts to (c) FORM.—The report required by sub-
ctelli on DSK11ZRN23PROD with SENATE
tice of referring to the government in Tai- have full access to all pertinent human, ani- section (b) shall be submitted in unclassified
wan as the ‘‘Taiwan authorities’’. Notwith- mal, and environmental data, live virus sam- form but may include a classified annex.
standing the continued supporting role of ples, research, and personnel involved in the (d) APPROPRIATE COMMITTEES OF CONGRESS
the American Institute in Taiwan in car- early stages of the outbreak relevant to de- DEFINED.—In this section, the term ‘‘appro-
rying out United States foreign policy and termining how this pandemic emerged. priate committees of Congress’’ means—
protecting United States interests in Tai- (b) REPORT REQUIRED.—Not later than 180 (1) the Committee on Foreign Relations of
wan, the United States Government shall days after enactment of this Act, the Direc- the Senate;
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1393
(2) the Select Committee on Intelligence of (2) Over the last 5 years the DE budget and (4) Defined concrete and annual bench-
the Senate; personnel levels in the Indo-Pacific averaged marks that the Department will meet in im-
(3) the Committee on Health, Education, only 5 percent of the total, while FA re- plementing the action plan.
Labor, and Pensions of the Senate; sources averaged only 4 percent of the total. (5) A description of any barriers to imple-
(4) the Committee on Energy and Natural (3) In 2020, the Department of State began menting the action plan.
Resources of the Senate; a process to realign certain positions at (e) UPDATES TO REPORT AND BRIEFING.—
(5) the Committee on Foreign Affairs of the posts to ensure that its personnel footprint Every 90 days after the submission of the ac-
House of Representatives; matches the demands of great-power com- tion plan described in subsection (c) until
(6) the Permanent Select Committee on In- petition, including in the Indo-Pacific. September 30, 2030, the Secretary shall sub-
telligence of the House of Representatives; (b) SENSE OF CONGRESS.—It is the sense of mit an update and brief the appropriate com-
and Congress that— mittees of Congress on the implementation
(7) the Committee on Energy and Com- (1) the size of the United States diplomatic of such action plan, with supporting data
merce of the House of Representatives. corps must be sufficient to meet the current and including a detailed assessment of
SEC. 3218. ENHANCEMENT OF DIPLOMATIC SUP- benchmarks reached.
and emerging challenges of the 21st century,
PORT AND ECONOMIC ENGAGEMENT
WITH PACIFIC ISLAND COUNTRIES. including those posed by the PRC in the (f) AUTHORIZATION OF APPROPRIATIONS.—
(a) AUTHORITY.—The Secretary of State Indo-Pacific region and elsewhere; There is authorized to be appropriated, for
and Secretary of Commerce are authorized (2) the increase must be designed to meet fiscal year 2022, $2,000,000,000 in bilateral and
to hire Locally Employed Staff in Pacific is- the objectives of an Indo-Pacific strategy fo- regional foreign assistance resources to
land countries for the purpose of providing cused on strengthening the good governance carry out the purposes of part 1 and chapter
increased diplomatic support and promoting and sovereignty of states that adhere to and 4 of part II of the Foreign Assistance Act of
increased economic and commercial engage- uphold the rules-based international order; 1961 (22 U.S.C. 2151 et seq., 2346 et seq.) to the
ment between the United States and Pacific and Indo-Pacific region and $1,250,000,000 in diplo-
Island countries. (3) the increase must be implemented with matic engagement resources to the Indo-Pa-
(b) AVAILABILITY OF FUNDS.— a focus on increased numbers of economic, cific region.
(1) IN GENERAL.—Of the amounts author- political, and public diplomacy officers, rep- (g) INCLUSION OF AMOUNTS APPROPRIATED
ized to be appropriated or otherwise made resenting a cumulative increase of at least PURSUANT TO ASIA REASSURANCE INITIATIVE
available to the Department of State and the 200 foreign service officer generalists, to— ACT OF 2018.—Amounts authorized to be ap-
Department of Commerce for fiscal year 2022, (A) advance free, fair, and reciprocal trade propriated under subsection (f) include funds
not more than $10,000,000, respectively, shall and open investment environments for authorized to be appropriated pursuant to
be available to carry out the purposes of this United States companies, and engaged in in- section 201(b) of the Asia Reassurance Initia-
section. creased commercial diplomacy in key mar- tive Act of 2018 (Public Law 115–409).
(2) TERMINATION.—The availability of funds kets; (h) SECRETARY OF STATE CERTIFICATION.—
in paragraph (1) shall expire on October 1, (B) better articulate and explain United Not later than 2 years after the date of the
2026. States policies, strengthen civil society and enactment of this Act, the Secretary of
(c) REPORT.—Not later than one year after democratic principles, enhance reporting on State shall certify, to the appropriate com-
the date of the enactment of this Act, and Chinese the PRC’s global activities, promote mittees of Congress, whether or not the
annually thereafter for 5 years, the Sec- people-to-people exchanges, and advance benchmarks described in the action plan in
retary of State and the Secretary of Com- United States influence; and subsection (c) have been met. This certifi-
merce shall provide to the appropriate com- (C) increase capacity at small- and me- cation is non-delegable.
mittees of Congress a report on the activities dium-sized embassies and consulates in the
SEC. 3219A. ADVANCING UNITED STATES LEADER-
of the Department of State and Department Indo-Pacific and other regions around the
SHIP IN THE UNITED NATIONS SYS-
of Commerce Locally Employed Staff in Pa- world, as necessary. TEM.
cific island countries, which shall include— (c) STATEMENT OF POLICY.— (a) ESTABLISHMENT.—
(1) a detailed description of the additional (1) It shall be the policy of the United (1) IN GENERAL.—The Secretary of State
diplomatic, economic, and commercial en- States to ensure Department of State fund- shall establish, within the Bureau of Inter-
gagement and activities in the Pacific island ing levels and personnel footprint in the national Organization Affairs of the Depart-
countries provided by Locally Employed Indo-Pacific reflect the region’s high degree ment of State, a Special Representative for
Staff; and of importance and significance to United Advancing United States Leadership in the
(2) an assessment of the impact of the ac- States political, economic, and security in- United Nations (referred to in this section as
tivities with respect to the diplomatic, eco- terests. the ‘‘Special Representative’’). The Special
nomic, and security interests of the United (2) It shall be the policy of the United Representative shall serve concurrently as a
States. States to increase DE and FA funding and Deputy Assistant Secretary in the Bureau of
(d) EXCEPTION FOR AMERICAN SAMOA.—The the quantity of personnel dedicated to the
Secretary of State may, as appropriate, treat International Organization Affairs of the De-
Indo-Pacific region respective to the Depart- partment of State. The Special Representa-
the territory of American Samoa as a foreign ment of State’s total budget.
country for purposes of carrying out this sec- tive shall report directly to the Assistant
(3) It shall be the policy of the United Secretary for the Bureau of International
tion. States to increase the number of resident
(e) APPROPRIATE COMMITTEES OF CONGRESS Organization Affairs, in coordination and
Defense attachés in the Indo-Pacific region, consultation with the Representative of the
DEFINED.—In this section, the term ‘‘appro- particularly in locations where the People’s
priate committees of Congress’’ means— United States to the United Nations.
Republic of China has a resident military (b) RESPONSIBILITIES.—The Special Rep-
(1) the Committee on Foreign Relations, attaché but the United States does not, to
the Committee on Commerce, Science, and resentative shall assume responsibility for—
assure coverage of all appropriate posts. (1) promoting United States leadership and
Transportation, the Committee on Energy
and Natural Resources, and the Committee (d) ACTION PLAN.—Not later than 180 days participation in the United Nations system,
on Appropriations of the Senate; and after the date of the enactment of this Act, with a focus on issue areas where authori-
(2) the Committee on Foreign Affairs, the the Secretary of State shall provide to the tarian nations are exercising increased influ-
Committee on Energy and Commerce, the appropriate committees of Congress an ac- ence in and determining the agenda of the
Committee on Natural Resources, and the tion plan with the following elements: United Nations system;
Committee on Appropriations of the House (1) Identification of requirements to ad- (2) highlighting how investments in the
of Representatives. vance United States strategic objectives in United Nations advance United States inter-
SEC. 3219. INCREASING DEPARTMENT OF STATE the Indo-Pacific and the personnel and budg- ests and enable stronger coalitions to hold
PERSONNEL AND RESOURCES DE- etary resources needed to meet them, assum- authoritarian regimes to account;
VOTED TO THE INDO-PACIFIC. ing an unconstrained resource environment. (3) ensuring United States emphasis on the
(a) FINDINGS.—Congress makes the fol- (2) A plan to increase the portion of the need for United Nations employees to uphold
lowing findings: Department’s budget dedicated to the Indo- the principals of impartiality enshrined in
(1) In fiscal year 2020, the Department of Pacific in terms of DE and FA focused on de- the United Nations charter, rules, and regu-
State allocated $1,500,000,000 to the Indo-Pa- velopment, economic, and security assist- lations;
cific region in bilateral and regional foreign ance. (4) monitoring and developing and imple-
assistance (FA) resources, including as au- (3) A plan to increase the number of posi- menting plans to counter undue influence,
thorized by section 201(b) of the Asia Reas- tions at posts in the Indo-Pacific region and especially by authoritarian nations, within
ctelli on DSK11ZRN23PROD with SENATE
surance Initiative Act of 2018 (Public Law bureaus with responsibility for the Indo-Pa- the United Nations system;
115–409; 132 Stat. 5391), and $798,000,000 in the cific region, including a description of in- (5) assessing how United States decisions
fiscal year 2020 diplomatic engagement (DE) creases at each post or bureau, a breakdown to withdraw from United Nations bodies im-
budget. These amounts represent only 5 per- of increases by cone, and a description of pacts United States influence at the United
cent of the DE budget and only 4 percent of how such increases in personnel will advance Nations and multilateral global initiatives;
the total Department of State-USAID budg- United States strategic objectives in the (6) promoting the participation and inclu-
et. Indo-Pacific region. sion of Taiwan in the United Nations system;
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S1394 CONGRESSIONAL RECORD — SENATE March 22, 2022
(7) monitoring the pipeline of United Na- (B) in paragraph (2), by striking ‘‘2023’’ and (E) An assessment of any impacts of the
tions jobs and identifying qualified Ameri- inserting ‘‘2026’’; People’s Republic of China’s internet restric-
cans and other qualified nationals to pro- (4) in section 409(a)(1), by striking ‘‘2023’’ tions on reciprocity between the United
mote for these positions; and inserting ‘‘2026’’; States and the People’s Republic of China.
(8) tracking leadership changes in United (5) in section 410— (F) A summary of other notable areas
Nations secretariat, funds, programs and (A) in subsection (c), by striking ‘‘2023’’ where the Government of the People’s Re-
agencies, and developing strategies to ensure and inserting ‘‘2026’’; and public of China or entities affiliated with
that coalitions of like-minded states are as- (B) in subsection (d), in the matter pre- that Government are able to conduct activi-
sembled to ensure leadership races are not ceding paragraph (1), by striking ‘‘2023’’ and ties or investments in the United States but
won by countries that do not share United inserting ‘‘2026’’; and that are denied to United States entities in
States interests; (6) in section 411, by striking ‘‘2023’’ and in- the People’s Republic of China.
(9) advancing other priorities deemed rel- serting ‘‘2026’’. (G) Recommendations on efforts that the
evant by the Secretary of State to ensuring Government of the United States could un-
SEC. 3219C. STATEMENT OF POLICY ON NEED
the integrity of the United Nations system; FOR RECIPROCITY IN THE RELA- dertake to improve reciprocity in the rela-
(10) eliminating current barriers to the em- TIONSHIP BETWEEN THE UNITED tionship between the United States and the
ployment of United States nationals in the STATES AND THE PEOPLE’S REPUB- People’s Republic of China.
United Nations Secretariat, funds, programs, LIC OF CHINA. (3) FORM OF REPORT; AVAILABILITY.—
and agencies; and (a) STATEMENT OF POLICY.—It is the policy (A) FORM.—The report required by para-
(11) increasing the number of qualified of the United States— graph (1) shall be submitted in unclassified
United States candidates for leadership and (1) to clearly differentiate, in official state- form, but may include a classified index.
oversight positions at the United Nations ments, media communications, and mes- (B) AVAILABILITY.—The unclassified por-
Secretariat, funds, programs, agencies, and saging, between the people of China and the tion of the report required by paragraph (1)
at other international organizations. Communist Party of China; shall be posted on a publicly available inter-
(c) SUPPORT.—The Secretary of State shall (2) that any negotiations toward a trade net website of the Department of State.
make any necessary adjustments to the cur- agreement with the People’s Republic of (4) APPROPRIATE CONGRESSIONAL COMMIT-
rent structure of the Bureau of International China should be concluded in a manner that TEES DEFINED.—In this subsection, the term
Organization Affairs, including the respec- addresses unfair trading practices by the ‘‘appropriate congressional committees’’
tive roles and responsibilities of offices in People’s Republic of China; means the Committee on Foreign Relations
that Bureau, to ensure appropriate support (3) that such an agreement should, to the of the Senate and the Committee on Foreign
for the mission and work of the Special Rep- extent possible— Affairs of the House of Representatives.
resentative. (A) ensure that the People’s Republic of (c) RECIPROCITY DEFINED.—In this section,
(d) AUTHORIZATION OF APPROPRIATIONS.— the term ‘‘reciprocity’’ means the mutual
China commits to structural changes in its
There is authorized to be appropriated and equitable exchange of privileges between
trade and economic policies;
$5,000,000 for fiscal years 2022 through 2026 to governments, countries, businesses, or indi-
carry out the responsibilities under sub- (B) hold the People’s Republic of China ac-
viduals.
section (b). countable to those commitments; and
SEC. 3219D. OPPOSITION TO PROVISION OF AS-
SEC. 3219B. ASIA REASSURANCE INITIATIVE ACT
(C) promote access to reciprocal direct in- SISTANCE TO PEOPLE’S REPUBLIC
OF 2018. vestment; and OF CHINA BY ASIAN DEVELOPMENT
(a) SENSE OF CONGRESS.—It is the sense of (4) to seek and develop a relationship with BANK.
Congress that— the People’s Republic of China that is found- (a) FINDINGS.—Congress makes the fol-
(1) the Indo-Pacific region is home to many ed on the principles of basic reciprocity lowing findings:
of the world’s most dynamic democracies, across sectors, including economic, diplo- (1) Through the Asian Development Bank,
economic opportunities, as well as many matic, educational, and communications sec- countries are eligible to borrow from the
challenges to United States interests and tors. Bank until they can manage long-term de-
values as a result of the growth in authori- (b) REPORT REQUIRED.— velopment and access to capital markets
tarian governance in the region and by broad (1) IN GENERAL.—Not later than 180 days without financial resources from the Bank.
challenges posed by nuclear proliferation, after the date of the enactment of this Act, (2) The Bank uses the gross national in-
the changing environment, and deteriorating the Secretary of State, in consultation with come per capita benchmark used by the
adherence to human rights principles and ob- other relevant Federal departments and International Bank for Reconstruction and
ligations; agencies, shall submit to the appropriate Development to trigger the graduation proc-
(2) the People’s Republic of China poses a congressional committees a report on the ess. For fiscal year 2021, the graduation dis-
particular threat as it repeatedly violates manner in which the Government of the Peo- cussion income is a gross national income
internationally recognized human rights, en- ple’s Republic of China creates barriers to per capita exceeding $7,065.
gages in unfair economic and trade prac- the work of United States diplomats and (3) The People’s Republic of China exceed-
tices, disregards international laws and other officials, journalists, and businesses, ed the graduation discussion income thresh-
norms, coerces its neighbors, engages in ma- and nongovernmental organizations based in old in 2016.
lign influence operations, and enables global the United States, in the People’s Republic (4) Since 2016, the Asian Development Bank
digital authoritarianism; of China. has continued to approve loans and technical
(3) the Asia Reassurance Initiative Act of (2) ELEMENTS.—The report required by assistance to the People’s Republic of China
2018 (referred to in this section as ‘‘ARIA’’) paragraph (1) shall include the following: totaling $7,600,000,000. The Bank has also ap-
enhances the United States’ commitment in (A) A summary of obstacles that United proved non-sovereign commitments in the
the Indo-Pacific region by— States diplomats and other officials, journal- People’s Republic of China totaling
(A) expanding its defense cooperation with ists, and businesses encounter in carrying $1,800,000,000 since 2016.
its allies and partners; out their work in the People’s Republic of (5) The World Bank calculates the People’s
(B) investing in democracy and the protec- China. Republic of China’s most recent year (2019)
tion of human rights; (B) A summary of the obstacles Chinese gross national income per capita as $10,390.
(C) engaging in cybersecurity initiatives; diplomats and other officials, journalists, (b) STATEMENT OF POLICY.—It is the policy
and and businesses encounter while working in of the United States to oppose any addi-
(D) supporting people-to-people engage- the United States. tional lending from the Asian Development
ment and other shared priorities; and (C) A description of the efforts that offi- Bank to the People’s Republic of China as a
(4) the 2019 Department of Defense Indo-Pa- cials of the United States have made to rec- result of the People’s Republic of China’s
cific Strategy Report concludes that ARIA tify any differences in the treatment of dip- successful graduation from the eligibility re-
‘‘enshrines a generational whole-of-govern- lomats and other officials, journalists, and quirements for assistance from the Bank.
businesses by the United States and by the (c) OPPOSITION TO LENDING TO PEOPLE’S RE-
ment policy framework that demonstrates
People’s Republic of China, and the results of PUBLIC OF CHINA.—The Secretary of the
U.S. commitment to a free and open Indo-Pa-
those efforts. Treasury shall instruct the United States
cific region’’.
(D) An assessment of the adherence of the Executive Director of the Asian Develop-
(b) AUTHORIZATION OF APPROPRIATIONS.—
Government of the People’s Republic of ment Bank to use the voice, vote, and influ-
The Asia Reassurance Initiative Act of 2018
ence of the United States to oppose any loan
(Public Law 115–409) is amended— China, in its treatment of United States citi-
or extension of financial or technical assist-
(1) in section 201(b), by striking zens, to the requirements of—
ance by the Asian Development Bank to the
‘‘$1,500,000,000 for each of the fiscal years 2019 (i) the Convention on Consular Relations,
People’s Republic of China.
ctelli on DSK11ZRN23PROD with SENATE
through 2023’’ and inserting ‘‘$2,000,000,000 for done at Vienna April 24, 1963, and entered
SEC. 3219E. OPPOSITION TO PROVISION OF AS-
each of the fiscal years 2022 through 2026’’; into force March 19, 1967 (21 U.S.T. 77); and SISTANCE TO PEOPLE’S REPUBLIC
(2) in section 215(b), by striking ‘‘2023’’ and (ii) the Consular Convention, signed at OF CHINA BY INTERNATIONAL BANK
inserting ‘‘2026’’; Washington September 17, 1980, and entered FOR RECONSTRUCTION AND DEVEL-
(3) in section 306(a)— into force February 19, 1982, between the OPMENT.
(A) in paragraph (1), by striking ‘‘5 years’’ United States and the People’s Republic of (a) FINDINGS.—Congress makes the fol-
and inserting ‘‘8 years’’; and China. lowing findings:
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March 22, 2022 CONGRESSIONAL RECORD — SENATE S1395
(1) The People’s Republic of China is the (4) a description of the efforts taken by the rence by articulating such policies publicly,
world’s second largest economy and a major United States to graduate countries from as appropriate and in alignment with United
global lender. such eligibility once they exceed the gradua- States interests.
(2) In February 2021, the People’s Republic tion discussion income. (c) WHOLE-OF-GOVERNMENT REVIEW.—Not
of China’s foreign exchange reserves totaled SEC. 3219F. UNITED STATES POLICY ON CHINESE later than 14 days after the date of the enact-
more than $3,200,000,000,000. AND RUSSIAN GOVERNMENT EF- ment of this Act, the President shall convene
(3) The World Bank classifies the People’s FORTS TO UNDERMINE THE UNITED the heads of all relevant Federal depart-
Republic of China as having an upper-mid- NATIONS SECURITY COUNCIL AC- ments and agencies to conduct a whole-of-
TION ON HUMAN RIGHTS. government review of all available economic,
dle-income economy.
(a) SENSE OF CONGRESS.—Congress— diplomatic, and other measures to deter the
(4) On February 25, 2021, President Xi
(1) notes with growing concern that the use of force by the People’s Republic of
Jinping announced ‘‘complete victory’’ over
People’s Republic of China and Russia have, China to change the status quo of Taiwan.
extreme poverty in the People’s Republic of
at the United Nations, aligned with one an- (d) BRIEFING REQUIRED.—Not later than 90
China.
other in blocking Security Council action on days after the date of the enactment of this
(5) The Government of the People’s Repub-
Syria, Myanmar, Zimbabwe, Venezuela, and Act, and every 90 days thereafter for 5 years,
lic of China utilizes state resources to create
other countries credibly accused of commit- the Secretary of State, the Secretary of the
and promote the Asian Infrastructure Invest-
ting human rights abuses; Treasury, the Secretary of Defense, the Sec-
ment Bank, the New Development Bank, and
(2) recognizes that it is not only the use of retary of Commerce, the Director of Na-
the Belt and Road Initiative. tional Intelligence, and any other relevant
the veto on the United Nations Security
(6) The People’s Republic of China is the heads of Federal departments and agencies
Council, but also the threat of the use of a
world’s largest official creditor. shall brief the appropriate committees of
veto, that can prevent the Security Council
(7) Through the International Bank for Re- Congress on all available economic, diplo-
from taking actions aimed at protecting
construction and Development, countries are matic, and other strategic measures to deter
human rights;
eligible to borrow from the Bank until they PRC use of force to change the status quo of
(3) condemns efforts by China and Russia
can manage long-term development and ac- Taiwan and provide a detailed description
to undermine United Nations Security Coun-
cess to capital markets without financial re- and review of—
cil actions aimed at censuring governments
sources from the Bank. (1) efforts to date by the United States
credibly accused of committing or permit-
(8) The World Bank reviews the graduation Government to deter the use of force by the
ting the commission of human rights viola-
of a country from eligibility to borrow from People’s Republic of China to change the sta-
tions; and
the International Bank for Reconstruction tus quo of Taiwan; and
(4) denounces the tactical alignment be-
and Development once the country reaches (2) progress to date of all coordination ef-
tween the People’s Republic of China and
the graduation discussion income, which is forts between the United States Government
Russia within the United Nations Security
equivalent to the gross national income. For and its allies and partners with respect to
Council to challenge the protection of
fiscal year 2021, the graduation discussion in- deterring the use of force to change the sta-
human rights and the guarantee of humani-
come is a gross national income per capita tus quo of Taiwan.
tarian access.
exceeding $7,065. (e) COORDINATED CONSEQUENCES WITH AL-
(b) STATEMENT OF POLICY.—It shall be the
(9) The People’s Republic of China exceed- policy of the United States to— LIES AND PARTNERS.—The Secretary of State
ed the graduation discussion income thresh- shall coordinate with United States allies
(1) reaffirm its commitment to maintain
old in 2016. and partners to identify and develop signifi-
international peace and security, develop
(10) Since 2016, the International Bank for cant economic, diplomatic, and other meas-
friendly relations among nations, and co-
Reconstruction and Development has ap- ures to deter the use of force by the People’s
operate in solving international problems
proved projects totaling $8,930,000,000 to the Republic of China to change the status quo
and promoting respect for human rights; of Taiwan.
People’s Republic of China. (2) highlight efforts by the People’s Repub-
(11) The World Bank calculates the Peo- SEC. 3219H. STRATEGY TO RESPOND TO SHARP
lic of China and Russia to undermine inter- POWER OPERATIONS TARGETING
ple’s Republic of China’s most recent year national peace and security, protect human TAIWAN.
(2019) gross national income per capita as rights, and guarantee humanitarian access
$10,390. (a) IN GENERAL.—Not later than 180 days
to those in need; after the date of the enactment of this Act,
(b) STATEMENT OF POLICY.—It is the policy
of the United States to oppose any addi- (3) increase the role and presence of the the Secretary of State shall develop and im-
tional lending from the International Bank United States at the United Nations and its plement a strategy to respond to sharp
for Reconstruction and Development to the constituent bodies to advance United States power operations and the united front cam-
People’s Republic of China as a result of the interests, including by counteracting malign paign supported by the Government of the
People’s Republic of China’s successful grad- Chinese and Russian influence; and People’s Republic of China and the Chinese
uation from the eligibility requirements for (4) urge allies and like-minded partners to Communist Party that are directed toward
assistance from the Bank. work together with the United States to persons or entities in Taiwan.
(c) OPPOSITION TO LENDING TO PEOPLE’S RE- overcome Chinese and Russian efforts to (b) ELEMENTS.—The strategy required
PUBLIC OF CHINA.—The Secretary of the weaken the United Nations Security Council under subsection (a) shall include the fol-
Treasury shall instruct the United States by preventing it from carrying out its core lowing elements:
Executive Director of the International mandate. (1) Development of a response to PRC prop-
Bank for Reconstruction and Development SEC. 3219G. DETERRING PRC USE OF FORCE aganda and disinformation campaigns and
to use the voice, vote, and influence of the AGAINST TAIWAN. cyber-intrusions targeting Taiwan, includ-
United States— (a) APPROPRIATE COMMITTEES OF CONGRESS ing—
(1) to oppose any loan or extension of fi- DEFINED.—In this section, the term ‘‘appro- (A) assistance in building the capacity of
nancial or technical assistance by the Inter- priate committees of Congress’’ means— the Taiwan government and private-sector
national Bank for Reconstruction and Devel- (1) the Committee on Foreign Relations, entities to document and expose propaganda
opment to the People’s Republic of China; the Committee on Armed Services, the Com- and disinformation supported by the Govern-
and mittee on Banking, Housing, and Urban Af- ment of the People’s Republic of China, the
(2) to end lending and assistance to coun- fairs, the Committee on Commerce, Science, Chinese Communist Party, or affiliated enti-
tries that exceed the graduation discussion and Transportation, and the Select Com- ties;
income of the Bank. mittee on Intelligence of the Senate; and (B) assistance to enhance the Taiwan gov-
(d) REPORT REQUIRED.—Not later than one (2) the Committee on Foreign Affairs, the ernment’s ability to develop a whole-of-gov-
year after the date of the enactment of this Committee on Armed Services, the Com- ernment strategy to respond to sharp power
Act, and annually thereafter, the Secretary mittee on Financial Services, the Committee operations, including election interference;
of the Treasury shall submit to the Com- on Energy and Commerce, and the Perma- and
mittee on Foreign Relations of the Senate nent Select Committee on Intelligence of the (C) media training for Taiwan officials and
and the Committee on Financial Services House of Representatives. other Taiwan entities targeted by
and the Committee on Foreign Affairs of the (b) STATEMENT OF POLICY.—It shall be the disinformation campaigns.
House of Representatives a report that in- policy of the United States— (2) Development of a response to political
cludes— (1) to strenuously oppose any action by the influence operations that includes an assess-
(1) an assessment of the status of bor- People’s Republic of China to use force to ment of the extent of influence exerted by
rowing by the People’s Republic of China change the status quo of Taiwan; and the Government of the People’s Republic of
from the World Bank; (2) that, in order to deter the use of force China and the Chinese Communist Party in
ctelli on DSK11ZRN23PROD with SENATE
(2) a list of countries that have exceeded by the People’s Republic of China to change Taiwan on local political parties, financial
the graduation discussion income at the the status quo of Taiwan, the United States institutions, media organizations, and other
International Bank for Reconstruction and should coordinate with allies and partners to entities.
Development; identify and develop significant economic, (3) Support for exchanges and other tech-
(3) a list of countries that have graduated diplomatic, and other measures to deter and nical assistance to strengthen the Taiwan
from eligibility for assistance from the impose costs on any such action by the Peo- legal system’s ability to respond to sharp
Bank; and ple’s Republic of China, and to bolster deter- power operations.
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S1396 CONGRESSIONAL RECORD — SENATE March 22, 2022
(4) Establishment of a coordinated partner- (1) IN GENERAL.—The President shall estab- procedures of the Export-Import Bank of the
ship, through the Global Cooperation and lish a comprehensive United States strategy United States, the United States Inter-
Training Framework, with like-minded gov- for public and private investment, trade, and national Development Finance Corporation,
ernments to share data and best practices development in Africa and Latin America the Small Business Administration, and the
with the Government of Taiwan on ways to and the Caribbean. United States Trade and Development Agen-
address sharp power operations supported by (2) FOCUS OF STRATEGY.—The strategy re- cy; and
the Government of the People’s Republic of quired by paragraph (1) shall focus on in- (2) to ensure that, not later than one year
China and the Chinese Communist Party. creasing exports of United States goods and after the date of the enactment of this Act—
SEC. 3219I. STUDY AND REPORT ON BILATERAL services to Africa and Latin America and the (A) all United States and Foreign Commer-
EFFORTS TO ADDRESS CHINESE Caribbean by 200 percent in real dollar value cial Service officers that are stationed over-
FENTANYL TRAFFICKING. by the date that is 10 years after the date of seas receive the training described in para-
(a) FINDINGS.—Congress finds the fol- the enactment of this Act. graph (1); and
lowing: (3) CONSULTATIONS.—In developing the (B) in the case of a country to which no
(1) In January 2020, the DEA named China strategy required by paragraph (1), the Presi- United States and Foreign Commercial Serv-
as the primary source of United States- dent shall consult with— ice officer is assigned, any economic officer
bound illicit fentanyl and synthetic opioids. (A) Congress; of the Department of State stationed in that
(2) While in 2019 China instituted domestic (B) each agency that is a member of the country receives that training.
controls on the production and exportation Trade Promotion Coordinating Committee; (e) DEFINITIONS.—In this section:
of fentanyl, some of its variants, and two (C) the relevant multilateral development (1) DEVELOPMENT AGENCIES.—The term ‘‘de-
precursors known as NPP and 4–ANPP, banks, in coordination with the Secretary of velopment agencies’’ means the United
China has not yet expanded its class sched- the Treasury and the respective United States Department of State, the United
uling to include many fentanyl precursors States Executive Directors of such banks; States Agency for International Develop-
such as 4–AP, which continue to be traf- (D) each agency that participates in the ment, the Millennium Challenge Corpora-
ficked to second countries in which they are Trade Policy Staff Committee established; tion, the United States International Devel-
used in the final production of United
(E) the President’s Export Council; opment Finance Corporation, the United
States-bound fentanyl and other synthetic
(F) each of the development agencies; States Trade and Development Agency, the
opioids.
(G) any other Federal agencies with re- United States Department of Agriculture,
(3) The DEA currently maintains a pres-
sponsibility for export promotion or financ- and relevant multilateral development
ence in Beijing but continues to seek Chinese
ing and development; and banks.
approval to open offices in the major ship-
(H) the private sector, including busi- (2) MULTILATERAL DEVELOPMENT BANKS.—
ping hubs of Guangzhou and Shanghai.
(b) DEFINITIONS.—In this section: nesses, nongovernmental organizations, and The term ‘‘multilateral development banks’’
(1) APPROPRIATE COMMITTEES OF CON- African and Latin American and Caribbean has the meaning given that term in section
GRESS.—The term ‘‘appropriate committees
diaspora groups. 1701(c)(4) of the International Financial In-
of Congress’’ means— (4) SUBMISSION TO CONGRESS.— stitutions Act (22 U.S.C. 262r(c)(4)) and in-
(A) the Committee on the Judiciary of the (A) STRATEGY.—Not later than 180 days cludes the African Development Foundation.
Senate; after the date of the enactment of this Act, (3) TRADE POLICY STAFF COMMITTEE.—The
(B) the Committee on Foreign Relations of the President shall submit to Congress the term ‘‘Trade Policy Staff Committee’’ means
the Senate; strategy required by subsection (a). the Trade Policy Staff Committee estab-
(C) the Committee on the Judiciary of the (B) PROGRESS REPORT.—Not later than 3 lished pursuant to section 2002.2 of title 15,
House of Representative; and years after the date of the enactment of this Code of Federal Regulations.
(D) the Committee on Foreign Affairs of Act, the President shall submit to Congress (4) TRADE PROMOTION COORDINATING COM-
the House of Representatives. a report on the implementation of the strat- MITTEE.—The term ‘‘Trade Promotion Co-
(2) CHINA.—The term ‘‘China’’ means the egy required by paragraph (1). ordinating Committee’’ means the Trade
People’s Republic of China. (b) SPECIAL AFRICA AND LATIN AMERICA AND Promotion Coordinating Committee estab-
(3) DEA.—The term ‘‘DEA’’ means the THE CARIBBEAN EXPORT STRATEGY COORDINA- lished under section 2312 of the Export En-
Drug Enforcement Administration. TORS.—The President shall designate an indi- hancement Act of 1988 (15 U.S.C. 4727).
(4) PRECURSORS.—The term ‘‘precursors’’ vidual to serve as Special Africa Export (5) UNITED STATES AND FOREIGN COMMERCIAL
means chemicals used in the illicit produc- Strategy Coordinator and an individual to SERVICE.—The term ‘‘United States and For-
tion of fentanyl and related synthetic opioid serve as Special Latin America and the Car- eign Commercial Service’’ means the United
variants. ibbean Export Strategy Coordinator— States and Foreign Commercial Service es-
(c) CHINA’S CLASS SCHEDULING OF FENTANYL (1) to oversee the development and imple- tablished by section 2301 of the Export En-
AND SYNTHETIC OPIOID PRECURSORS.—Not mentation of the strategy required by sub- hancement Act of 1988 (15 U.S.C. 4721).
later than 180 days after the date of the en- section (a); and SEC. 3219K. FACILITATION OF INCREASED EQ-
actment of this Act, the Secretary of State (2) to coordinate developing and imple- UITY INVESTMENTS UNDER THE
and Attorney General shall submit to the ap- menting the strategy with— BETTER UTILIZATION OF INVEST-
propriate committees of Congress a written (A) the Trade Promotion Coordinating MENTS LEADING TO DEVELOPMENT
report— Committee; ACT OF 2018.
(1) detailing a description of United States (B) the Assistant United States Trade Rep- (a) SENSE OF CONGRESS.—It is the sense of
Government efforts to gain a commitment resentative for African Affairs or the Assist- Congress that support provided under section
from the Chinese Government to submit un- ant United States Trade Representative for 1421(c)(1) of the Better Utilization of Invest-
regulated fentanyl precursors such as 4–AP the Western Hemisphere, as appropriate; ments Leading to Development Act of 2018
to controls; and (C) the Assistant Secretary of State for Af- (22 U.S.C. 9621(c)(1)) should be considered to
(2) a plan for future steps the United rican Affairs or the Assistant Secretary of be a Federal credit program that is subject
States Government will take to urge China State for Western Hemisphere Affairs, as ap- to the Federal Credit Reform Act of 1990 (2
to combat illicit fentanyl production and propriate; U.S.C. 661 et seq.) for purposes of applying
trafficking originating in China. (D) the Export-Import Bank of the United the requirements of such Act to such sup-
(d) ESTABLISHMENT OF DEA OFFICES IN States; port.
CHINA.—Not later than 180 days after enact- (E) the United States International Devel- (b) MAXIMUM CONTINGENT LIABILITY.—Sec-
ment of this Act, the Secretary of State and opment Finance Corporation; and tion 1433 of the Better Utilization of Invest-
Attorney General shall provide to the appro- (F) the development agencies. ments Leading to Development Act of 2018
priate committees of Congress a classified (c) TRADE MISSIONS TO AFRICA AND LATIN (22 U.S.C. 9633) is amended by striking
briefing on— AMERICA AND THE CARIBBEAN.—It is the sense ‘‘$60,000,000,000’’ and inserting
(1) outreach and negotiations undertaken of Congress that, not later than one year ‘‘$100,000,000,000’’.
by the United States Government with the after the date of the enactment of this Act, Subtitle B—International Security Matters
Chinese Government aimed at securing its the Secretary of Commerce and other high-
level officials of the United States Govern- SEC. 3221. DEFINITIONS.
approval for the establishment of DEA of-
fices in Shanghai and Guangzhou, China; and ment with responsibility for export pro- In this subtitle:
(2) additional efforts to establish new part- motion, financing, and development should (1) APPROPRIATE COMMITTEES OF CON-
nerships with provincial-level authorities to conduct joint trade missions to Africa and to GRESS.—The term ‘‘appropriate committees
counter the illicit trafficking of fentanyl, Latin America and the Caribbean. of Congress’’ means—
fentanyl analogues, and their precursors. (d) TRAINING.—The President shall develop (A) the Committee on Foreign Relations,
ctelli on DSK11ZRN23PROD with SENATE
(e) FORM OF REPORT.—The report required a plan— the Committee on Armed Services, and the
under subsection (c) shall be unclassified (1) to standardize the training received by Committee on Appropriations of the Senate;
with a classified annex. United States and Foreign Commercial Serv- and
SEC. 3219J. INVESTMENT, TRADE, AND DEVELOP- ice officers, economic officers of the Depart- (B) the Committee on Foreign Affairs, the
MENT IN AFRICA AND LATIN AMER- ment of State, and economic officers of the Committee on Armed Services, and the Com-
ICA AND THE CARIBBEAN. United States Agency for International De- mittee on Appropriations of the House of
(a) STRATEGY REQUIRED.— velopment with respect to the programs and Representatives.
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