May 20 sees Congressional Record publish “TEXT OF AMENDMENTS” in the Senate section

By Old North News

May 20, 2021

Volume 167, No. 88, covering the 1st Session of the 117th Congress (2021 - 2022), was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning Thom Tillis and Richard Burr was published in the Senate section on pages S3202-S3313 on May 20.

Of the 100 senators in 117th Congress, 24 percent were women, and 76 percent were men, according to the Biographical Directory of the United States Congress.

Senators' salaries are historically higher than the median US income.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1704. Mr. MARSHALL submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. SANCTIONS WITH RESPECT TO CERTAIN OFFICIALS OF THE

PEOPLE'S REPUBLIC OF CHINA.

(a) In General.--The President shall impose sanctions under section 1263(b) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) with respect to the officials specified in subsection (b).

(b) Officials Specified.--The officials of the People's Republic of China specified in this subsection are the following:

(1) Chen Quanguo.

(2) Wu Yingjie.

(3) Luo Huining.

(4) Han Zheng.

(5) Xia Baolong.

(6) Zhao Kezhi.

(7) Zhu Hailun.

______

SA 1705. Mr. COTTON submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division B, add the following:

SEC. 2309. PROHIBITION AGAINST NATIONAL SCIENCE FOUNDATION

FUNDING FOR FOREIGN ENTITIES OF CONCERN.

(a) Ineligibility for National Science Foundation Funding.--Notwithstanding any other provision of law, the Director of the National Science Foundation may not issue an award to a foreign entity of concern (as defined in section 2307(a)(1)).

______

SA 1706. Mr. PAUL (for himself, Mr. Tuberville, and Mr. Marshall) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ENSURING THAT THE SCOPE OF CERTAIN REGULATIONS OF

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IS

LIMITED TO CONTROLLING COMMUNICABLE DISEASES.

Section 361(a) of the Public Health Service Act (42 U.S.C. 264(a)) is amended by striking ``The Surgeon General,'' and all that follows through ``may be necessary.'' at the end and inserting the following: ``To prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession, the Secretary may make and enforce regulations under this section--

``(1) for the measures authorized under subsections (b) through (d); or

``(2) to provide for such inspection, fumigation, disinfection, sanitation, pest extermination, or destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings.''.

______

SA 1707. Mr. PAUL (for himself, Mr. Johnson, Mr. Tillis, Mr. Tuberville, Mr. Marshall, and Mr. Braun) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON FUNDING FOR GAIN-OF-FUNCTION RESEARCH

CONDUCTED IN CHINA.

(a) In General.--No funds made available to any Federal agency, including the National Institutes of Health and the Department of State, may be used for any gain-of-function research conducted in China.

(b) Definition of Gain-of-function Research.--In this section, the term ``gain-of-function research'' means any research project that may be reasonably anticipated to confer attributes to influenza, MERS, or SARS viruses such that the virus would have enhanced pathogenicity or transmissibility in mammals.

______

SA 1708. Mrs. BLACKBURN (for herself and Mr. Lujan) submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title V of division B, add the following:

SEC. ____. STUDY ON NATIONAL LABORATORY CONSORTIUM FOR CYBER

RESILIENCE.

(a) Study Required.--The Secretary of Homeland Security shall, in coordination with the Secretary of Energy and the Secretary of Defense, conduct a study to analyze the feasibility of authorizing a consortia within the National Laboratory system to address information technology and operational technology cybersecurity vulnerabilities in critical infrastructure (as defined in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).

(b) Elements.--The study required under subsection (a) shall include the following:

(1) An analysis of any additional authorities needed to establish a research and development program to leverage the expertise at the Department of Energy National Laboratories to accelerate development and delivery of advanced tools and techniques to defend critical infrastructure against cyber intrusions and enable resilient operations during a cyber attack.

(2) Evaluation of potential pilot programs in research, innovation transfer, academic partnerships, and industry partnerships for critical infrastructure protection research.

(3) Identification of and assessment of near-term actions, and cost estimates, necessary for the proposed consortia to be established and effective at a broad scale expeditiously.

(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study conducted under subsection (a).

(2) Form.--The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--

(A) Committee on Armed Services, the Committee Energy and Natural Resources, and the Committee on Homeland Security and Government Affairs of the Senate; and

(B) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives.

______

SA 1709. Mr. COTTON submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 41, strike line 20 and all that follows through page 42, line 12, and insert the following:

(8) Individuals that will grow the domestic workforce.--The term ``individuals that will grow the domestic workforce'' does not include any alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) who is unlawfully present in the United States.

(9) Institution of higher education.--The term

``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(10) Key technology focus areas.--The term ``key technology focus areas'' means the areas included on the most recent list under section 2005.

(11) Minority-serving institution.--The term ``minority-serving institution'' means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(12) National laboratory.--The term ``National Laboratory'', without respect to capitalization, has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(13) STEM.--The term ``STEM'' means the academic and professional disciplines of science, technology, engineering, and mathematics, including computer science.

______

SA 1710. Mr. KENNEDY (for himself, Mr. Risch, Mr. Hagerty, Mr. Tillis, and Mr. Toomey) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division C, add the following:

SEC. 3314. PROHIBITION ON ALLOCATIONS OF SPECIAL DRAWING

RIGHTS AT INTERNATIONAL MONETARY FUND FOR

PERPETRATORS OF GENOCIDE AND STATE SPONSORS OF

TERRORISM WITHOUT CONGRESSIONAL AUTHORIZATION.

Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 286q(b)) is amended by adding at the end the following:

``(3) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to a member country of the Fund, if the government of the member country has--

``(A) committed genocide at any time during the 10-year period ending with the date of the vote; or

``(B) been determined by the Secretary of State, as of the date of the enactment of the Strategic Competition Act of 2021, to have repeatedly provided support for acts of international terrorism, for purposes of--

``(i) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));

``(ii) section 620A of the Foreign Assistance Act of 1961

(22 U.S.C. 2371);

``(iii) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or

``(iv) any other provision of law.''.

______

SA 1711. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 475, on line 15, strike ``unless'' and all that follows through line 12 of page 477.

Beginning on page 1410, strike line 1 and all that follows through line 10 on page 1412 and insert the following:

(b) Restrictions on Confucius Institutes.--An institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute shall not be eligible to receive Federal funds provided under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), except funds provided under title IV of such Act.

______

SA 1712. Mr. MARSHALL submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF CONGRESS ON NEGOTIATION OF A FREE TRADE

AGREEMENT WITH TAIWAN.

It is the sense of Congress that the President should initiate negotiations to enter into a free trade agreement with Taiwan.

______

SA 1713. Mr. MARSHALL submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

SEC. 3___. DISCLOSURE REQUIREMENT FOR FOREIGN STUDENTS

RECEIVING FUNDING FROM THE GOVERNMENT OF THE

PEOPLE'S REPUBLIC OF CHINA.

An alien present in the United States pursuant to a visa issued under subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall disclose to the Secretary of Homeland Security any funding received by the alien, directly or indirectly, from the Government of the PRC.

______

SA 1714. Mr. MARSHALL submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

SEC. __. PROHIBITION ON IMPORTATION OF CERTAIN SOLAR PRODUCTS

FROM THE PEOPLE'S REPUBLIC OF CHINA.

(a) In General.--The importation into the United States of solar products described in subsection (b) is prohibited.

(b) Solar Products Described.--A solar product described in this subsection is a solar product--

(1) produced in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; or

(2) produced using forced labor anywhere in the People's Republic of China.

______

SA 1715. Mr. RISCH (for himself, Mr. Barrasso, and Mr. Young) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 3219K, add the following:

(c) Support for Power-generation Projects in Certain Less Developed Countries.--Notwithstanding any provision of law, or rule, regulation, plan, or policy of the United States International Development Finance Corporation, the Corporation may provide support under title II of the Better Utilization of Investments Leading to Development Act of 2018

(22 U.S.C. 9621 et seq.) for any power-generation project in a less developed country described in section 1412(c)(1) of that Act (22 U.S.C. 9612(c)(1)).

______

SA 1716. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

SEC. __. ACCOUNTABILITY AND TRANSPARENCY TASK FORCE.

(a) Definitions.--In this section--

(1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code;

(2) the term ``Chairperson'' means the chairperson of the Task Force;

(3) the term ``covered funds'' means any loan, loan guarantee, grant, or any other funds received or distributed under this section; and

(4) the term ``Task Force'' means the Accountability and Transparency Task Force established under subsection (b).

(b) Establishment.--There is established the Accountability and Transparency Task Force to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse.

(1) Chairperson.--The Chairperson of the Task Force shall be the Director of the Office of Management and Budget.

(2) Members.--The members of the Task Force shall include the Inspector General or analogous officer of any agency that receives and distributes covered funds.

(3) Compensation.--No member of the Task Force shall receive any additional compensation for serving on the Task Force.

(d) Functions of the Task Force.--

(1) Functions.--

(A) In general.--The Task Force shall coordinate and conduct oversight of covered funds in order to prevent fraud, waste, and abuse.

(B) Specific functions.--The functions of the Task Force shall include--

(i) reviewing whether the reporting of covered funds meets applicable standards and specifies the purpose of the use of the covered funds and measures of performance;

(ii) reviewing whether competition requirements applicable to covered funds have been satisfied;

(iii) auditing or reviewing covered funds to determine whether wasteful spending, poor management of covered funds, or other abuses are occurring and referring matters it considers appropriate for investigation to the inspector general for the agency that disbursed the covered funds;

(iv) reviewing whether there are sufficient qualified acquisition and grant personnel overseeing covered funds;

(v) reviewing whether personnel whose duties involve acquisitions or the use of covered funds receive adequate training; and

(vi) reviewing whether there are appropriate mechanisms for interagency collaboration relating to covered funds, including coordinating and collaborating to the extent practicable with the Council of the Inspectors General on Integrity and Efficiency.

(2) Reports.--

(A) Monthly and other reports.--

(i) Monthly.--The Task Force shall submit to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, and any member of Congress upon request, monthly reports on potential management and funding problems relating to covered funds that require immediate attention.

(ii) Additional reports.--The Task Force shall submit to the President, Congress, and any member of Congress upon request such other reports as the Task Force considers appropriate on the use and benefits of covered funds.

(B) Quarterly and other reports.--The Task Force shall submit quarterly reports to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, and any member of Congress upon request, summarizing the findings of the Task Force and the findings of the members of the Task Force, and may submit additional reports as appropriate.

(C) Annual reports.--The Task Force shall submit annual reports to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, and any member of Congress upon request, consolidating applicable quarterly reports on the use of covered funds.

(D) Public availability.--

(i) In general.--All reports submitted under this paragraph shall be made publicly available and posted on the website established under subsection (f).

(ii) Redactions.--Any portion of a report submitted under this paragraph may be redacted when made publicly available, if that portion would disclose information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.

(3) Recommendations.--

(A) In general.--The Task Force shall make recommendations to agencies on measures to prevent fraud, waste, and abuse relating to covered funds.

(B) Responsive reports.--Not later than 30 days after receipt of a recommendation under subparagraph (A), an agency shall submit a report to the President, the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, and the Task Force on--

(i) whether the agency agrees or disagrees with the recommendations; and

(ii) any actions the agency will take to implement the recommendations.

(e) Powers of the Task Force.--

(1) In general.--The Task Force shall conduct audits and reviews of spending of covered funds and coordinate on such activities with the Inspector General of the relevant agency to avoid duplication and overlap of work.

(2) Audits and reviews.--The Task Force may--

(A) conduct its own independent audits and reviews relating to covered funds; and

(B) collaborate on audits and reviews relating to covered funds with any Inspector General of an agency.

(3) Authorities.--

(A) Audits and reviews.--In conducting audits and reviews, the Task Force--

(i) shall have the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.); and

(ii) may issue subpoenas to compel the testimony of persons who are not Federal officers or employees and may enforce such subpoenas in the same manner as provided for subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).

(B) Standards and guidelines.--The Task Force shall carry out the powers under paragraphs (1) and (2) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).

(4) Public hearings.--The Task Force may hold public hearings and Task Force personnel may conduct necessary inquiries. The head of each agency shall make all officers and employees of that agency available to provide testimony to the Task Force and Task Force personnel. The Task Force may issue subpoenas to compel the testimony of persons who are not Federal officers or employees at such public hearings. Any such subpoenas may be enforced in the same manner as provided for subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).

(f) Task Force Website.--

(1) Establishment.--Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall establish and maintain a user-friendly, public-facing website to foster greater accountability and transparency in the use of covered funds.

(2) Purpose.--The website established and maintained under paragraph (1) shall be a portal or gateway to key information relating to this section and provide connections to other Government websites with related information.

(3) Content and function.--In establishing the website established and maintained under paragraph (1), the Task Force shall ensure the following:

(A) The website shall provide materials explaining what this section means for citizens. The materials shall be easy to understand and regularly updated.

(B) The website shall provide accountability information, including findings from audits, inspectors general, and the Government Accountability Office.

(C) The website shall provide data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance public awareness of the use of covered funds.

(D) The website shall provide detailed data on covered funds awarded by the Federal Government, including information about the competitiveness of the contracting process, information about the process that was used for the award of covered funds, and for covered funds over $500,000, a summary of any related contract.

(E) The website shall include printable reports on covered funds obligated by month to each State and congressional district.

(F) The website shall provide a means for the public to give feedback on the performance of activities carried out with covered funds.

(G) The website shall include detailed information on the expenditure by the Federal Government of covered funds, to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.

(H) The website shall provide a link to estimates of the jobs sustained or created by this section.

(I) The website shall provide a link to information about announcements of grant competitions and solicitations for contracts to be awarded.

(J) The website shall include appropriate links to other government websites with information concerning covered funds, including Federal agency and State websites.

(K) The website shall include a plan from each Federal agency for using funds made available in this section to the agency.

(L) The website shall provide information on Federal allocations of formula grants and awards of competitive grants using covered funds.

(M) The website shall provide information on Federal allocations of mandatory and other entitlement programs by State, county, or other appropriate geographical unit.

(N) The website shall be enhanced and updated as necessary to carry out the purposes of this section.

(4) Waiver.--The Task Force may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.

(g) Independence of Inspectors General.--

(1) Independent authority.--Nothing in this section shall affect the independent authority of an inspector general to determine whether to conduct an audit or investigation of covered funds.

(2) Requests by task force.--If the Task Force requests that an Inspector General of an agency conduct or refrain from conducting an audit or investigation and the Inspector General rejects the request in whole or in part--

(A) the Inspector General shall, not later than 30 days after rejecting the request, submit a report to the Task Force, the head of the applicable agency, and the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, that states the reasons that the Inspector General has rejected the request in whole or in part; and

(B) the decision of the Inspector General shall be final.

(h) Coordination With the Comptroller General and State Auditors.--The Task Force shall coordinate its oversight activities with the Comptroller General of the United States and State auditors.

(i) Termination of the Task Force.--The Task Force shall terminate on the date that is 5 years after the date of enactment of this Act.

______

SA 1717. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

TITLE __--REINS ACT

SEC. __01. SHORT TITLE.

This title may be cited as the ``Regulations from the Executive in Need of Scrutiny Act of 2021'' or the ``REINS Act''

SEC. __02. PURPOSE.

The purpose of this title is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them.

SEC. __03. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

Chapter 8 of title 5, United States Code, is amended to read as follows:

``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.

``801. Congressional review.

``802. Congressional approval procedure for major rules.

``803. Congressional disapproval procedure for nonmajor rules.

``804. Definitions.

``805. Judicial review.

``806. Exemption for monetary policy.

``807. Effective date of certain rules.

``Sec. 801. Congressional review

``(a)(1)(A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing--

``(i) a copy of the rule;

``(ii) a concise general statement relating to the rule;

``(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2);

``(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and

``(v) the proposed effective date of the rule.

``(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress--

``(i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs;

``(ii) the agency's actions pursuant to sections 603, 604, 605, 607, and 609 of this title;

``(iii) the agency's actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and

``(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.

``(C) Upon receipt of a report submitted under subparagraph

(A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.

``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency's compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity.

``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A).

``(3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later.

``(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).

``(5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection

(b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.

``(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.

``(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.

``(c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.

``(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is--

``(A) necessary because of an imminent threat to health or safety or other emergency;

``(B) necessary for the enforcement of criminal laws;

``(C) necessary for national security; or

``(D) issued pursuant to any statute implementing an international trade agreement.

``(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.

``(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring--

``(A) in the case of the Senate, 60 session days; or

``(B) in the case of the House of Representatives, 60 legislative days,before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress.

``(2)(A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though--

``(i) such rule were published in the Federal Register on--

``(I) in the case of the Senate, the 15th session day; or

``(II) in the case of the House of Representatives, the 15th legislative day,after the succeeding session of Congress first convenes; and

``(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.

``(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.

``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).

``Sec. 802. Congressional approval procedure for major rules

``(a)(1) For purposes of this section, the term `joint resolution' means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that--

``(A) bears no preamble;

``(B) bears the following title (with blanks filled as appropriate): `Approving the rule submitted by ___ relating to ___.';

``(C) includes after its resolving clause only the following (with blanks filled as appropriate): `That Congress approves the rule submitted by ___ relating to ___.'; and

``(D) is introduced pursuant to paragraph (2).

``(2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)--

``(A) in the case of the House of Representatives, within 3 legislative days; and

``(B) in the case of the Senate, within 3 session days.

``(3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.

``(b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued.

``(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.

``(d)(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection

(a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.

``(e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.

``(f)(1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then--

``(A) the joint resolution of the other House shall not be referred to a committee; and

``(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House.

``(2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.

``(g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day.

``(h) This section and section 803 are enacted by Congress--

``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and

``(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

``Sec. 803. Congressional disapproval procedure for nonmajor rules

``(a) For purposes of this section, the term `joint resolution' means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows:

`That Congress disapproves the nonmajor rule submitted by the ___ relating to ___, and such rule shall have no force or effect.' (The blank spaces being appropriately filled in).

``(b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.

``(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.

``(d)(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection

(a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

``(e) In the Senate, the procedure specified in subsection

``(1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or

``(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.

``(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:

``(1) The joint resolution of the other House shall not be referred to a committee.

``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--

``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

``(B) the vote on final passage shall be on the joint resolution of the other House.

``Sec. 804. Definitions

``For purposes of this chapter:

``(1) The term `Federal agency' means any agency as that term is defined in section 551(1).

``(2) The term `major rule' means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in--

``(A) an annual effect on the economy of $100 million or more;

``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

``(C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

``(3) The term `nonmajor rule' means any rule that is not a major rule.

``(4) The term `rule' has the meaning given such term in section 551, except that such term does not include--

``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;

``(B) any rule relating to agency management or personnel; or

``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

``(5) The term `submission or publication date', except as otherwise provided in this chapter, means--

``(A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and

``(B) in the case of a nonmajor rule, the later of--

``(i) the date on which the Congress receives the report submitted under section 801(a)(1); and

``(ii) the date on which the nonmajor rule is published in the Federal Register, if so published.

``Sec. 805. Judicial review

``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.

``(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.

``(c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect.

``Sec. 806. Exemption for monetary policy

``Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

``Sec. 807. Effective date of certain rules

``Notwithstanding section 801--

``(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or

``(2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,shall take effect at such time as the Federal agency promulgating the rule determines.''.

SEC. __04. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802

OF TITLE 5, UNITED STATES CODE.

Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the end the following new subparagraph:

``(E) Budgetary effects of rules subject to section 802 of title 5, united states code.--Any rule subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section.''.

SEC. __05. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

(a) In General.--The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act--

(1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect;

(2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and

(3) the total estimated economic cost imposed by all such rules.

(b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a).

______

SA 1718. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 33, strike line 25 and all that follows through page 35, line 5, and insert the following:

(B) Allocation by president.--If Congress has not enacted legislation establishing alternate allocations, including by account, program, and project, by the date on which the Act making full-year appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the applicable fiscal year is enacted into law, only then shall amounts recommended for allocation for that fiscal year from amounts made available under subsection (a) be allocated by the President or apportioned or allotted by account, program, and project pursuant to title 31, United States Code.

______

SA 1719. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1002(b)(3)(B)(ii) and insert the following:

(ii) Allocation by president.--If Congress has not enacted legislation establishing alternate allocations, including by account, program element, and project, by the date on which the Act making full-year appropriations for the Department of Defense for the applicable fiscal year is enacted into law, only then shall amounts made available under paragraph (2) be allocated by the President or apportioned or allotted by account, program element, and project pursuant to title 31, United States Code.

______

SA 1720. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1002(a)(4)(B)(ii) and insert the following:

(ii) Allocation by president.--If Congress has not enacted legislation establishing alternate allocations, including by account, program, and project, by the date on which the Act making full-year appropriations for the Department of Commerce, Justice, Science, and Related Agencies for the applicable fiscal year is enacted into law, only then shall amounts made available under paragraph (2) be allocated by the President or apportioned or allotted by account, program, and project pursuant to title 31, United States Code.

______

SA 1721. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 1107, line 5, strike ``may'' and insert ``shall''.

On page 1107, line 18, strike ``25 percent'' and insert

``10 percent''.

Beginning on page 1107, strike line 19 and all that follows through page 1108, line 6, and insert the following:

On page 1109, line 4, strike ``(e)'' and insert ``(d)''.

______

SA 1722. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 2210.

______

SA 1723. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1002(c)(3)(B)(ii) and insert the following:

(ii) Allocation by president.--If Congress has not enacted legislation establishing alternate allocations, including by account, program, project, and activity, by the date on which the Act making full-year appropriations for the Department of State, Foreign Operations, and Related Programs for the applicable fiscal year is enacted into law, only then shall amounts made available under paragraph (2) be allocated by the President or apportioned or allotted by account, program, project, and activity pursuant to title 31, United States Code.

______

SA 1724. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

In section 2202, strike subsection (f).

______

SA 1725. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division F, add the following:

SEC. 6302. AVAILABILITY OF REPORTS TO MEMBERS OF CONGRESS.

Any report required by a provision of or amendment made by this Act shall be made available to a Member of Congress upon request.

______

SA 1726. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division C, add the following:

SEC. 3314. REPORT ON FORCED LABOR IN UNITED STATES SUPPLY

CHAINS.

The Commissioner of U.S. Customs and Border Protection shall submit to Congress a report--

(1) assessing the prevalence of goods made with forced labor in United States supply chains; and

(2) making recommendations with respect to preventing the importation of such goods into the United States.

______

SA 1727. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS.

(a) In General.--Chapter 5 of title I of the Trade Act of 1974 (19 U.S.C. 2191 et seq.) is amended by adding at the end the following:

``SEC. 155. CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS.

``(a) Unilateral Trade Action Defined.--

``(1) In general.--In this section, the term `unilateral trade action' means any of the following actions taken with respect to the importation of an article pursuant to a provision of law specified in paragraph (2):

``(A) A prohibition on importation of the article.

``(B) The imposition of or an increase in a duty applicable to the article.

``(C) The imposition or tightening of a tariff-rate quota applicable to the article.

``(D) The imposition or tightening of a quantitative restriction on the importation of the article.

``(E) The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article.

``(F) Any other restriction on importation of the article.

``(2) Provisions of law specified.--The provisions of law specified in this paragraph are the following:

``(A) Section 122.

``(B) Chapter 1 of title II.

``(C) Title III.

``(D) Section 406.

``(E) Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338).

``(F) Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862).

``(G) Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202(a)).

``(H) The Trading with the Enemy Act (50 U.S.C. 4301 et seq.).

``(I) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

``(J) Any provision of law enacted to implement a trade agreement to which the United States is a party.

``(K) Any provision of a trade agreement to which the United States is a party.

``(3) Exception for technical corrections to harmonized tariff schedule.--A technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section.

``(b) Congressional Approval Required.--A unilateral trade action may not take effect unless--

``(1) the President submits to Congress and to the Comptroller General of the United States a report that includes--

``(A) a description of the proposed unilateral trade action;

``(B) the proposed effective period for the action;

``(C) an economic cost-benefit analysis of the action, including an assessment of--

``(i) whether the action is in the national economic interest of the United States; and

``(ii) the macroeconomic effects of the action on--

``(I) employment in the United States;

``(II) the gross domestic product of the United States; and

``(III) revenues and expenditures of the Federal Government; and

``(D) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and

``(2) a joint resolution of approval is enacted pursuant to subsection (d) with respect to the action.

``(c) Report of Comptroller General.--Not later than 30 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken.

``(d) Procedures for Joint Resolution of Approval.--

``(1) Joint resolution of approval defined.--For purposes of this subsection, the term `joint resolution of approval' means a joint resolution of either House of Congress that--

``(A) states that Congress approves an action proposed by the President in a report submitted under subsection (b)(1); and

``(B) describes the action being approved by Congress.

``(2) Introduction.--During the period of 45 days after a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, a joint resolution of approval may be introduced by any Member of that House.

``(3) Committee consideration.--

``(A) Referral.--A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means and a joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance.

``(B) Consideration.--The Committee on Ways and Means and the Committee on Finance may, in considering a joint resolution of approval, hold such hearings and meetings and solicit such testimony as the Committee considers appropriate.

``(C) Reporting.--

``(i) In general.--Subject to subparagraph (D), the Committee on Ways and Means and the Committee on Finance may, at any time after receiving a joint resolution of approval, report the resolution favorably or unfavorably.

``(ii) Subsequent resolutions.--If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection

(b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be reported under this subparagraph.

``(iii) Placement on calendar.--A joint resolution of approval reported by the Committee on Ways and Means or the Committee on Finance shall lie over one legislative day and then be placed on the appropriate calendar.

``(D) Discharge.--

``(i) In general.--If the Committee on Ways and Means or the Committee on Finance has not reported a joint resolution of approval by the date that is 15 days after the resolution is referred to the committee, the resolution shall be automatically discharged from the committee and placed on the appropriate calendar.

``(ii) Prohibition on motions to recommit.--A motion to recommit a joint resolution of approval shall not be in order.

``(iii) Subsequent resolutions.--If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection

``(4) Floor consideration in senate.--In the Senate:

``(A) Motion to proceed.--

``(i) Timing.--A motion to proceed to a joint resolution of approval is in order at any time after the resolution is placed on the calendar.

``(ii) Motion by any senator.--Any Senator may move to proceed to a joint resolution of approval.

``(iii) Privilege.--A motion to proceed to the consideration of the joint resolution of approval is privileged, except that this clause shall apply only to a motion to proceed to a joint resolution of approval reported or discharged from the Committee on Finance under paragraph

(3) or to the first joint resolution of approval placed on the calendar after passage in the House of Representatives.

``(iv) Debate.--Debate on a motion to proceed to a joint resolution of approval is limited to not more than 5 hours, equally divided between Senators favoring and Senators opposing the resolution.

``(v) Motion not amendable.--The motion to proceed to the joint resolution of approval is not amendable. A motion to reconsider is not in order. A motion to table is not in order.

``(vi) Other motions not in order.--After a motion to proceed to a joint resolution of approval is agreed to, motions to postpone or to consider other business are not in order.

``(B) Motions and appeals.--All motions and appeals relating to a joint resolution of approval shall be decided by the Senate without debate.

``(5) Consideration in house of representatives.--In the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the 10th calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day.

``(6) Receipt of resolution from other house.--If, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then--

``(A) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and

``(B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House.

``(7) Rules of house of representatives and senate.--This subsection is enacted by Congress--

``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and

``(B) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.

``(e) Report by the United States International Trade Commission.--Not later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to Congress a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States.''.

(b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 154 the following:

``Sec. 155. Congressional review of unilateral trade actions.''.

______

SA 1728. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

In section 2201, insert after subsection (b) the following:

(1) Definition.--In this subsection, the term ``divisive concepts'' means the concepts that--

(A) one race or sex is inherently superior to another race or sex;

(B) the United States is fundamentally racist or sexist;

(C) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(D) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(E) members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(F) an individual's moral character is necessarily determined by his or her race or sex;

(G) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(H) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(I) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(2) Prohibition.--In carrying out this Act or any duties for the National Science Foundation, the Chief Diversity Officer shall not use, teach, promote, or recommend any divisive concepts.

______

SA 1729. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

In section 2201, strike paragraph (6) of subsection (b) and all that follows through subsection (c).

______

SA 1730. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 2201.

______

SA 1731. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 6121 and insert the following:

SEC. 6121. SCHOOL ACCOUNTABILITY FOR STUDENT LOANS.

(a) Default Rate Fine.--Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended--

(1) in subsection (a), by adding at the end the following:

``(30) The institution will pay a default rate fine that is determined pursuant to subsection (k).''; and

(2) by adding at the end the following:

``(k) Default Rate Fine.--

``(1) In general.--Each institution described in paragraph

(2) shall pay to the Secretary an annual default rate fine in accordance with this subsection.

``(2) Applicable institutions.--An institution shall pay a default rate fine under this subsection for a fiscal year based on the cohort default rate (as defined in section 435(m)) on loans made under this title for such fiscal year.

``(3) Fine.--

``(A) In general.--Each institution described in paragraph

(2) shall pay a default rate fine for a fiscal year that is equal to 10 percent of the applicable amount determined under subparagraph (B)(i) for such fiscal year.

``(B) Applicable amount.--

``(i) In general.--The applicable amount for a fiscal year with respect to an institution shall be an amount equal to the product of the amount of loans made under this title for such fiscal year, and the applicable rate determined in clause (ii). If the applicable rate is equal to or less than zero percent then the applicable amount shall be equal to zero.

``(ii) Applicable rate.--The applicable rate for a fiscal year with respect to an institution shall be the rate that is equal to the difference between the cohort default rate on loans made under this title (as defined in section 435(m)) for such fiscal year and the average rate of total unemployment in the United States for the 3-year period covered by that cohort default rate (as defined in section 435(m)), as determined by the Secretary of Labor.

``(4) Credit for certain institutions.--Each institution that is described in paragraph (2) shall receive a $400 credit for the fiscal year for each graduate of the institution during such fiscal year who received a Federal Pell Grant while enrolled at the institution.

``(5) Flexibility in counsel and advice.--Notwithstanding any other provision of the Act, the Secretary shall grant institutions of higher education flexibility under this Act to counsel and advise students on Federal financial aid, including granting flexibility for institutions to award less than the maximum amount of Federal student aid for which an individual is eligible if the cost of tuition, room, and board at the institution is less than such maximum amount.''.

(b) Flexibility in Counseling and Advice.--Section 485(l) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)) is amended by adding at the end the following:

``(3) Flexibility in counseling and advice.--In addition to the entrance counseling under paragraph (1), an eligible institution may require any borrower, at or prior to the time of a disbursement to the borrower of a loan made under part D, to receive the information described in paragraph (2) with respect to such loan, or any other financial counseling, including financial literacy counseling.''.

______

SA 1732. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 1355, lines 21 and 22, strike ``elementary and''.

On page 1356, lines 1 and 2, strike ``elementary schools and''.

On page 1356, lines 3 and 4, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1356, lines 7 and 8, strike ``elementary school''.

On page 1358, strike lines 6 through 21 and insert the following:

(5) Covered student.--The term ``covered student'' means an individual who is--

(A) enrolled in a secondary school; and

(B) undergoing instruction with goals of acquiring and developing professional knowledge and achieving employment in a STEM field.

On page 1359, lines 10 and 11, strike ``elementary and''.

On page 1359, lines 11 and 12, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1361, lines 8 and 9, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1361, line 20, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1362, lines 1 and 2, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1363, lines 6 and 7, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1363, strike lines 10 through 12 and insert

``computational thinking skills in secondary education.''.

On page 1365, line 22, strike ``elementary school and''.

On page 1366, lines 11 and 12, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1366, lines 22 and 23, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1366, line 24, strike ``elementary school and''.

On page 1367, lines 12 and 13, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1367, line 29, by striking ``elementary schools and''.

On page 1368, lines 8 and 9, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1369, strike lines 18 through 20 and insert

``students in secondary schools.''.

On page 1371, line 7, strike ``elementary schools and''.

On page 1371, lines 12 and 13, strike ``elementary schools and''.

On page 1371, line 17, strike ``elementary schools and''.

On page 1371, lines 24 and 25, strike ``elementary schools and''.

On page 1372, line 5, strike ``elementary schools and''.

On page 1373, lines 2 and 3, strike ``elementary school and''.

On page 1373, lines 3 and 4, strike ``elementary school and secondary school students facing systemic barriers'' and insert ``covered students''.

On page 1374, lines 4 and 5, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1374, lines 18 and 19, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1375, lines 9 and 10, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1375, line 12, strike ``elementary schools and''.

On page 1375, line 18, strike ``elementary schools and''.

On page 1375, line 20, strike ``elementary schools and''.

On page 1376, lines 5 and 6, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1376, lines 9 and 10, by striking ``elementary schools and''.

On page 1378, lines 18 and 19, by striking ``elementary school and''.

On page 1380, line 10, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1380, strike lines 18 through 20 and insert

``secondary school students.''.

On page 1381, line 12, strike ``elementary school and''.

On page 1381, lines 19 and 20, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1382, lines 11 and 12, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1382, lines 18 and 19, strike ``students facing systemic barriers'' and insert ``covered students''.

On page 1382, strike lines 22 through 24 and insert

``secondary school students.''.

______

SA 1733. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

In section 2208(e), strike ``and provides the student with an additional stipend''.

______

SA 1734. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 2206, insert the following:

(e) Termination.--The authority provided by subsections (a) through (d) terminates on the day that is 5 years after the date of enactment of this Act.

______

SA 1735. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle C of title II of division C, add the following:

SEC. 3260. LIMITATION ON CONTRIBUTIONS TO NATO RELATED TO

COUNTERING CHINA.

No United States contributions shall be made available for North Atlantic Treaty Organization (NATO) obligations or activities related to countering the People's Republic of China until such time as--

(1) the North Atlantic Treaty is updated to reflect the addition of a China mission; and

(2) all NATO member countries have met the mandatory defense spending requirements.

______

SA 1736. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in division C, insert the following:

SEC. 32__. AVAILABILITY OF UNITED STATES DEFENSE ARTICLES AND

SERVICES TO TAIWAN.

Section 3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)) is amended by striking ``the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability'' and inserting ``the United States shall make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a competitive self-defense capability''.

______

SA 1737. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle C of title II of division C, add the following:

SEC. 3260. MANDATORY REVIEW OF CONTINUED NATO PARTICIPATION

IN EVENT STANDING EUROPEAN ARMY IS ESTABLISHED.

Not later than 90 days after determining that the European Union has established a standing European Army, the President shall, in conjunction with the Secretary of Defense and the Secretary of State, conduct a review of the benefits, risks, and costs of continued United States participation in the North Atlantic Treaty Organization (NATO).

______

SA 1738. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in subtitle A of title II of division C, insert the following:

SEC. 32__. REQUIREMENT FOR AN AUTHORIZATION FOR USE OF

MILITARY FORCE.

The President may only introduce members of the Armed Forces into hostilities in or on behalf of Taiwan--

(1) if Congress has enacted an authorization for the use of military force for such purpose; or

(2) for not more than 30 days to repel a sudden attack, or the concrete, specific, and immediate threat of such a sudden attack, upon the United States, its territories, or possessions, its armed forces, or other United States citizens overseas.

______

SA 1739. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

In section 3209, strike subsections (c) through (h) and insert the following:

(c) Office Liaisons.--The Secretary of Commerce and the Secretary of the Treasury shall each appoint, from within their respective departments at the level of GS-14 or higher, liaisons between the Office and the Department of Commerce or the Department of the Treasury, as applicable, to perform the following duties:

(1) Collaborate with the Department of State on relevant technology initiatives and partnerships.

(2) Provide technical and other relevant expertise to the Office, as appropriate.

(d) Membership.--In addition to the liaisons referred to in subsection (c), the Office shall include a representative or expert detailee from key Federal agencies, as determined by the Secretary of State.

(e) Purposes.--The purposes of the Office shall include responsibilities such as--

(1) creating, overseeing, and carrying out technology partnerships with countries and relevant political and economic unions that are committed to--

(A) the rule of law, freedom of speech, and respect for human rights;

(B) the safe and responsible development and use of new and emerging technologies and the establishment of related norms and standards;

(D) robust international cooperation to promote an open internet and interoperable technological products and services that are necessary to freedom, innovation, transparency, and privacy; and

(E) multilateral coordination, including through diplomatic initiatives, information sharing, and other activities, to defend the principles described in subparagraphs (A) through

(D) against efforts by state and non-state actors to undermine them;

(2) harmonizing technology governance regimes with partners, coordinating on basic and pre-competitive research and development initiatives, and collaborating to pursue such opportunities in key technologies, including--

(A) artificial intelligence and machine learning;

(B) 5G telecommunications and other advanced wireless networking technologies;

(D) biotechnology;

(E) quantum computing;

(F) surveillance technologies, including facial recognition technologies and censorship software; and

(G) fiber optic cables;

(3) coordinating with such countries regarding shared technology strategies, including technology controls and standards, as well as strategies with respect to the development and acquisition of key technologies to provide alternatives for those countries utilizing systems supported by authoritarian regimes;

(4) coordinating the adoption of shared data privacy, data sharing, and data archiving standards among the United States and partner countries and relevant economic and political unions, including complementary data protection regulations;

(5) coordinating with other technology partners on export control policies, including as appropriate through the Wassenaar Arrangement On Export Controls for Conventional Arms and Dual-Use Goods and Technologies, done at The Hague December 1995, the Nuclear Suppliers Group, the Australia Group, and the Missile Technology Control Regime; supply chain security; and investment in or licensing of critical infrastructure and dual-use technologies;

(6) coordinating with members of technology partnerships on other policies regarding the use and control of emerging and foundational technologies through appropriate restrictions, investment screening, and appropriate measures with respect to technology transfers;

(7) coordinating policies, in coordination with the Department of Commerce, around the resiliency of supply chains in critical technology areas, including possible diversification of supply chain components to countries involved in technology partnerships with the United States, while also maintaining transparency surrounding subsidies and product origins;

(8) sharing information regarding the technology transfer threat posed by authoritarian governments and the ways in which autocratic regimes are utilizing technology to erode individual freedoms and other foundations of open, democratic societies;

(9) administering the establishment of--

(A) the common funding mechanism for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains created in and in accordance with the requirements of section 9905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283); and

(B) the multilateral telecommunications security fund created in and in accordance with the requirements of section 9202 of such Act; and

(10) collaborating with private companies, trade associations, and think tanks to realize the purposes of paragraphs (1) through (9).

(f) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for the next 3 years, the Secretary of State, in coordination with the Director for National Intelligence, shall submit an unclassified report to the appropriate congressional committees, with a classified index, if necessary, regarding--

(1) the activities of the Office, including any cooperative initiatives and partnerships pursued with United States allies and partners, and the results of those activities, initiatives, and partnerships; and

(2) the activities of the Government of the Peoples' Republic of China, the Chinese Communist Party, and the Russian Federation in key technology sectors and the threats they pose to the United States, including--

(A) artificial intelligence and machine learning;

(B) 5G telecommunications and other advanced wireless networking technologies;

(D) biotechnology;

(E) quantum computing;

(F) surveillance technologies, including facial recognition technologies and censorship software; and

(G) fiber optic cables.

(g) Sense of Congress on Establishing International Technology Partnership.--It is the sense of Congress that the Secretary of State should seek to establish an International Technology Partnership for the purposes described in this section with foreign countries that have--

(1) a democratic national government and a strong commitment to democratic values, including an adherence to the rule of law, freedom of speech, and respect for and promotion of human rights;

(2) an economy with advanced technology sectors; and

(3) a demonstrated record of trust or an expressed interest in international cooperation and coordination with the United States on important defense and intelligence issues.

(h) Contribution Requirement.--Any agreement formed with one or more countries on a bilateral or multilateral basis under this section shall require, at minimum, that the other country or countries collectively share at least 50 percent of the costs associated with the partnership.

(i) Treaty Requirement.--Any agreement to form a partnership under this section shall be formalized as a treaty subject to the advice and consent of the Senate.

______

SA 1740. Mr. LEAHY (for himself and Mr. Tillis) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. OWNERSHIP AND ASSIGNMENT OF PATENTS.

Section 261 of title 35, United States Code, is amended--

(1) by striking the first undesignated paragraph and inserting the following:

``(a) In General.--

``(1) Attributes of personal property.--Subject to the provisions of this title, patents shall have the attributes of personal property.

``(2) Register of interests.--The Patent and Trademark Office shall--

``(A) maintain a register of interests in patents and applications for patents;

``(B) record any document related thereto upon request;

``(C) not later than 90 days after the date on which a patent, or any interest in a patent of not less than 10 percent (in the aggregate), is assigned to any foreign entity or person, require the recording of that assignment; and

``(D) maintain a publicly accessible database that is digitally searchable by fields based on patent number, assignee, assignor, assignment date, and other criteria established by the Office.

``(3) Effect of failure to comply.--No party may recover, for infringement of a patent in any litigation, any monetary damages for any period in which ownership with respect to the patent is not properly recorded in accordance with the requirements of this subsection.'';

(2) in the first undesignated paragraph following subsection (a), as so designated by paragraph (1) of this section, by striking ``Applications'' and inserting the following:

``(b) Applications.--Applications'';

(3) in the first undesignated paragraph following subsection (b), as so designated by paragraph (2) of this section, by striking ``A certificate'' and inserting the following:

``(c) Certificate of Acknowledgment.--A certificate''; and

(4) in the first undesignated paragraph following subsection (c), as so designated by paragraph (3) of this section, by striking ``An interest'' and inserting the following:

``(d) Effect of Assignment.--An interest''.

______

SA 1741. Mr. LEAHY (for himself and Mr. Tillis) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PATENTS.

(a) In General.--Chapter 30 of title 35, United States Code, is amended--

(1) in section 302, in the first sentence, by inserting

``or on the basis of credible evidence that any such claim was obtained through fraud'' after ``section 301'';

(2) in section 303--

(A) in subsection (a)--

(i) in the first sentence, by inserting ``or enforceability'' after ``patentability''; and

(ii) in the second sentence, by inserting ``, or a substantial new question of enforceability is raised by credible evidence of fraud,'' after ``patents and publications''; and

(B) in subsection (c), in the first sentence, by inserting

``or enforceability'' after ``patentability'';

(3) in section 304, in the first sentence, by inserting

``or enforceability'' after ``patentability''; and

(4) in section 307--

(A) in the section heading, by inserting

``unenforceability,'' after ``unpatentability,''; and

(B) in subsection (a), by inserting ``or unenforceable'' after ``unpatentable''.

(b) Technical and Conforming Amendment.--The table of sections for chapter 30 of title 35, United States Code, is amended by striking the item relating to section 307 and inserting the following:

``307. Certificate of patentability, unpatentability, unenforceability, and claim cancellation.''.

______

SA 1742. Ms. SMITH (for herself and Mr. Cassidy) submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title I of division F, insert the following:

SEC. 61__. ESSENTIAL GENERIC ANTIBIOTIC PROGRAM.

(a) Grant Program.--

(1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to manufacturers of essential generic antibiotic drugs, or the active pharmaceutical ingredient or articles used as components of such drug, to support activities described in paragraph (3).

(2) Eligible entities.--The Secretary shall award grants under this subsection to not more than 3 manufacturers of an essential generic antibiotic drug. Each such recipient shall be a manufacturer that--

(A) has implemented and maintains an effective quality management system, under parts 210 and 211 of title 21, Code of Federal Regulations (or any successor regulations);

(B) has a strong record of compliance with the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);

(D) has existing manufacturing facilities and operations in the United States.

(3) Use of funds.--A recipient of a grant under this subsection may use such grant funds to--

(A) with respect to manufacturing an essential generic antibiotic drug--

(i) expand, upgrade, or recommission an existing manufacturing facility located in the United States; or

(ii) construct a new manufacturing facility in the United States; and

(B) manufacture essential generic antibiotic drugs using advanced manufacturing techniques.

(b) Use of Funds to Purchase Essential Generic Antibiotic Drugs for Stockpiling.--The Secretary may use amounts appropriated under this section to purchase, store, stockpile, or disposition essential generic antibiotic drugs manufactured in the United States.

(1) Active pharmaceutical ingredient.--The term ``active pharmaceutical ingredient'' has the meaning given such term in section 744A of the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 379j-41).

(2) Advanced manufacturing.--The term ``advanced manufacturing'' means an approach for the manufacturing of drugs that incorporates novel technology, or uses an established technique or technology in a new or innovative way, that enhances drug product quality or improves the manufacturing process.

(3) Essential generic antibiotic drug.--The term

``essential generic antibiotic drug'' means an antibacterial or antifungal drug approved by the Food and Drug Administration under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that the Secretary determines to be medically necessary to have available at all times in an amount adequate to serve patient needs, including beta-lactams (including penicillin and cephalosporin derivatives) and non-beta lactams (including tetracycline and aminoglycoside derivatives).

(4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

(5) United states.--The term ``United States'' means the 50 States, the District of Columbia, territories, and Tribal lands.

(d) Funding.--For purposes of carrying out this section

(other than subsection (e)), there is appropriated, out of amounts in the Treasury not otherwise appropriated,

$500,000,000 for fiscal year 2021, to remain available through September 30, 2023.

(e) Study and Report.--

(1) In general.--The Secretary shall enter into a contract with an entity under which such entity carries out a study on the manufacture of essential generic antibiotic drugs and issues a report that includes--

(A) recommendations about which antibiotics the Secretary should prioritize for purposes of the program under subsection (a), based on factors that include necessity of use, vulnerability to foreign supply chain disruptions, and availability of alternatives; and

(B) the expected effect of increased domestic manufacturing of drugs on drug costs to consumers.

(2) Authorization.--To carry out this subsection, there is authorized to be appropriated $2,000,000 for fiscal year 2021, to remain available until September 30, 2022.

______

SA 1743. Mr. PADILLA submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. MODIFICATIONS TO SBIR AND STTR PROGRAMS.

(b) Inclusion of Testing and Evaluation in the Definition of Research and Development.--Section 9(e)(5) of the Small Business Act (15 U.S.C. 638(e)(5)) is amended to read as follows:

``(5) the term `research' or `research and development' means--

``(A) any activity which is--

``(i) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied;

``(ii) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or

``(iii) a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements; and

``(B) any testing or evaluation in connection with such an activity;''.

(c) Inclusion of Small Business Investment Companies in SBIR and STTR.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended--

(1) by striking ``or private equity firm investment'' each place that term appears and inserting ``private equity firm, or SBIC investment'';

(2) by striking ``or private equity firms'' each place that term appears and inserting ``private equity firms, or SBICs'';

(3) in subsection (e)--

(A) in paragraph (13)(B), by striking ``and'' at the end;

(B) in paragraph (14), by striking the period at the end and inserting ``; and''; and

``(15) the term `SBIC' means a small business investment company as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662).''; and

(4) in the heading for subsection (dd), by striking ``or Private Equity Firms'' and inserting ``Private Equity Firms, or SBICs''.

(d) Calculation of Leverage of Small Business Investment Companies That Invest in SBIR or STTR Participants.--Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following:

``(E) Investments in sbir and sttr participants.--

``(i) Definitions.--In this subparagraph--

``(I) the term `cost' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and

``(II) the term `SBIR or STTR participant' means a small business concern that receives contracts or grants pursuant to section 9 of the Small Business Act (15 U.S.C. 638).

``(ii) Exclusion.--Subject to clause (iii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of any investment made in a SBIR or STTR participant, if such investment is made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed during the applicable fiscal year.

``(iii) Limitations.--

``(I) Amount of exclusion.--The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company.

``(II) Maximum investment.--A company shall not make an investment in any 1 SBIR or STTR participant in an amount equal to more than 20 percent of the private capital of that company.

``(III) Other terms.--The exclusion of amounts under clause

(i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost with respect to purchasing or guaranteeing any debenture involved.''.

(e) Encouraging Participation in the Mentor-protege Program.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following:

``(vv) Encouraging Participation in the Mentor-Protege Program.--The Administrator shall provide an increase to the past performance rating of any small business concern that has participated in the SBIR or STTR program that serves as a mentor under section 45 to a small business concern that seeks to participate in the SBIR or STTR program.''.

(f) Annual Meeting for Federal Agencies With a SBIR or STTR Program.--

(1) In general.--Section 9 of the Small Business Act (15 U.S.C. 638), as amended by subsection (e), is amended by adding at the end the following:

``(ww) Annual Meeting.--

``(1) In general.--The head of each Federal agency required to have a program under this section (or a designee) and the Administrator (or a designee) shall meet annually to discuss methods--

``(A) to improve the collection of data under this section;

``(B) to improve the reporting of data to the Administrator under this section;

``(C) to make the application processes for programs under this section more efficient; and

``(D) to increase participation in the programs under this section.

``(2) Reporting.--Not later than 60 days after the date on which an annual meeting required under paragraph (1) is held, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the meeting and recommendations on how to implement changes to programs under this section.''.

(2) Funding for annual meeting.--Section 9(mm)(1) of the Small Business Act (15 U.S.C. 638(mm)(1)) is amended--

(A) in subparagraph (J), by striking the ``and'' at the end;

(B) in subparagraph (K), by striking the period at the end and inserting ``; and''; and

``(L) the annual meeting required under subsection (ww).''.

(g) Increasing Participation of Underserved Populations in the SBIR and STTR Programs.--

(1) In general.--Section 9(mm)(2) of the Small Business Act

(15 U.S.C. 638(mm)(2)) is amended to read as follows:

``(2) Outreach and technical assistance.--A Federal agency participating in the program under this subsection shall use a portion of the funds authorized for uses under paragraph

(1) to carry out the policy directive required under subsection (j)(2)(F) and to increase the participation of States with respect to which a low level of SBIR awards have historically been awarded.''.

(2) Conforming amendment.--Section 9(mm)(6) of the Small Business Act (15 U.S.C. 638(mm)(6)) is amended by striking

``paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B)'' and inserting ``paragraph (2)''.

______

SA 1744. Mrs. SHAHEEN (for herself, Mr. Moran, Mr. Rounds, and Ms. Hassan) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO

NATIONAL SECURITY INTERESTS ACCORDING TO

CERTAIN CRITERIA.

(a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following:

``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO

NATIONAL SECURITY INTERESTS.

``(a) Definitions.--In this section:

``(1) Covered item.--The term `covered item' means any of the following:

``(A) Body armor components intended to provide ballistic protection for an individual, consisting of 1 or more of the following:

``(i) Soft ballistic panels.

``(ii) Hard ballistic plates.

``(iii) Concealed armor carriers worn under a uniform.

``(iv) External armor carriers worn over a uniform.

``(B) Helmets that provide ballistic protection and other head protection and components.

``(C) Protective eyewear.

``(D) Rain gear, cold weather gear, other environmental and flame-resistant clothing.

``(E) Footwear provided as part of a uniform.

``(F) Uniforms.

``(G) Bags and packs.

``(H) Holsters and tactical pouches.

``(I) Patches, insignia, and embellishments.

``(J) Respiratory protective masks.

``(K) Chemical, biological, radiological, and nuclear protective gear.

``(L) Hearing protection equipment.

``(M) Powered air purifying respirators and required filters.

``(N) Disposable and reusable surgical and isolation gowns.

``(O) Gloves.

``(P) Face shields.

``(Q) Head and foot coverings.

``(R) Sanitizing and disinfecting wipes.

``(S) Privacy curtains.

``(T) Beds and bedding.

``(U) Testing swabs.

``(V) Gauze and bandages.

``(W) Tents and tarpaulins.

``(X) Any other critical safety item as determined appropriate by the Secretary.

``(2) Frontline operational component.-- The term

`frontline operational component' means any of the following components of the Department:

``(A) U.S. Customs and Border Protection.

``(B) U.S. Immigration and Customs Enforcement.

``(C) The United States Secret Service.

``(D) The Transportation Security Administration.

``(E) The Coast Guard.

``(F) The Federal Protective Service.

``(G) The Federal Emergency Management Agency.

``(H) The Federal Law Enforcement Training Centers.

``(b) Requirements.--

``(1) In general.--The Secretary shall ensure that any procurement of a covered item for a frontline operational component meets the following criteria:

``(A) To the maximum extent possible, not less than one-third of funds obligated in a specific fiscal year for the procurement of such covered items shall be covered items that are manufactured or supplied in the United States by entities that qualify as small business concerns, as such term is described under section 3 of the Small Business Act (15 U.S.C. 632).

``(B) Each contractor with respect to the procurement of such a covered item, including the end-item manufacturer of such a covered item--

``(i) is an entity registered with the System for Award Management (or successor system) administered by the General Services Administration; and

``(ii) is in compliance with ISO 9001:2015 of the International Organization for Standardization (or successor standard) or a standard determined appropriated by the Secretary to ensure the quality of products and adherence to applicable statutory and regulatory requirements.

``(C) Each supplier of such a covered item with an insignia

(such as any patch, badge, or emblem) and each supplier of such an insignia, if such covered item with such insignia or such insignia, as the case may be, is not produced, applied, or assembled in the United States, shall--

``(i) store such covered item with such insignia or such insignia in a locked area;

``(ii) report any pilferage or theft of such covered item with such insignia or such insignia occurring at any stage before delivery of such covered item with such insignia or such insignia; and

``(iii) destroy any such defective or unusable covered item with insignia or insignia in a manner established by the Secretary, and maintain records, for three years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia destroyed, the quantity of the covered item with insignia or insignia destroyed, and the method of destruction.

``(2) Waiver.--

``(A) In general.--In the case of a national emergency declared by the President under the National Emergencies Act

(50 U.S.C. 1601 et seq.), the Secretary may waive a requirement in subparagraph (A), (B) or (C) of paragraph (1) if the Secretary determines there is an insufficient supply of a covered item that meets the requirement.

``(B) Notice.--Not later than 60 days after the date on which the Secretary determines a waiver under subparagraph

(A) is necessary, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives notice of such determination, which shall include--

``(i) identification of the national emergency declared by the President;

``(ii) identification of the covered item for which the Secretary intends to issue the waiver; and

``(iii) a description of the demand for the covered item and corresponding lack of supply from contractors able to meet the criteria described in subparagraph (B) or (C) of paragraph (1).

``(c) Pricing.--The Secretary shall ensure that covered items are purchased at a fair and reasonable price, consistent with the procedures and guidelines specified in the Federal Acquisition Regulation.

``(d) Report.--Not later than 1 year after the date of enactment of this section and annually thereafter, the Secretary shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a report on instances in which vendors have failed to meet deadlines for delivery of covered items and corrective actions taken by the Department in response to such instances.

``(e) Effective Date.--This section applies with respect to a contract entered into by the Department or any frontline operational component on or after the date that is 180 days after the date of enactment of this section.''.

(b) Study.--

(1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a study of the adequacy of allowances provided to employees of frontline operational components (as defined in section 836 of the Homeland Security Act of 2002, as added by subsection (a)).

(2) Requirements.--The study conducted under paragraph (1) shall--

(A) be informed by a Department-wide survey of employees from across the Department who receive uniform allowances that seeks to ascertain what, if any, improvements could be made to the current uniform allowances and what, if any, impacts current allowances have had on employee morale and retention; and

(B) consider increasing by 25 percent, at minimum, the uniform allowance for first year employees and by 50 percent, at minimum, the annual allowance for all other employees.

(c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 835 the following:

``Sec. 836. Requirements to buy certain items related to national security interests.''.

______

SA 1745. Mrs. SHAHEEN (for herself and Mr. Portman) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division C, add the following:

TITLE VI--COMBATING SYNTHETIC DRUGS

SEC. 3601. SHORT TITLE.

This title may be cited as the ``Fighting Emerging Narcotics Through Additional Nations to Yield Lasting Results Act'' or ``FENTANYL Results Act''.

SEC. 3602. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF

STATE TO COMBAT INTERNATIONAL TRAFFICKING IN

COVERED SYNTHETIC DRUGS.

(a) In General.--The Secretary of State shall prioritize efforts of the Department of State to combat international trafficking in covered synthetic drugs by carrying out programs and activities to include the following:

(1) Supporting increased data collection by the United States and foreign countries through increased drug use surveys among populations, increased use of wastewater testing where appropriate, and multilateral sharing of that data.

(2) Engaging in increased consultation and partnership with international drug agencies, including the European Monitoring Centre for Drugs and Drug Addiction, and regulatory agencies in foreign countries.

(3) Carrying out the program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs, as required by section 3603.

(4) Carrying out exchange programs for governmental and nongovernmental personnel in the United States and in foreign countries to provide educational and professional development on demand reduction matters relating to the illicit use of narcotics and other drugs, as required by section 3604.

(b) Report.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this section.

(2) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means--

(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

SEC. 3603. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE

CAPACITY OF FOREIGN LAW ENFORCEMENT AGENCIES

WITH RESPECT TO COVERED SYNTHETIC DRUGS.

(a) In General.--Notwithstanding section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall establish a program to provide assistance to build the capacity of law enforcement agencies of the countries described in subsection (c) to help such agencies to identify, track, and improve their forensics detection capabilities with respect to covered synthetic drugs.

(b) Priority.--The Secretary of State shall prioritize assistance under subsection (a) among those countries described in subsection (c) in which such assistance would have the most impact in reducing illicit use of covered synthetic drugs in the United States.

(1) countries that are producers of covered synthetic drugs;

(2) countries whose pharmaceutical and chemical industries are known to be exploited for development or procurement of precursors of covered synthetic drugs; or

(3) major drug-transit countries as defined by the President.

(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section

$4,000,000 for each of the fiscal years 2022 through 2026. Such amounts shall be in addition to amounts otherwise available for such purposes.

SEC. 3604. EXCHANGE PROGRAM FOR GOVERNMENTAL AND

NONGOVERNMENTAL PERSONNEL TO PROVIDE

EDUCATIONAL AND PROFESSIONAL DEVELOPMENT ON

DEMAND REDUCTION MATTERS RELATING TO ILLICIT

USE OF NARCOTICS AND OTHER DRUGS.

(a) In General.--The Secretary of State shall establish or continue and strengthen, as appropriate, an exchange program for governmental and nongovernmental personnel in the United States and in foreign countries to provide educational and professional development on demand reduction matters relating to the illicit use of narcotics and other drugs.

(b) Program Requirements.--The program required by subsection (a)--

(1) shall be limited to individuals who have expertise and experience in matters described in subsection (a);

(2) in the case of inbound exchanges, may be carried out as part of exchange programs and international visitor programs administered by the Bureau of Educational and Cultural Affairs of the Department of State, including the International Visitor Leadership Program, in consultation or coordination with the Bureau of International Narcotics and Law Enforcement Affairs; and

(3) shall include outbound exchanges for governmental or nongovernmental personnel in the United States.

(c) Authorization of Additional Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2022 through 2026. Such amounts shall be in addition to amounts otherwise available for such purposes.

SEC. 3605. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL

PROGRAM.

(a) International Narcotics Control Strategy Report.--Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by inserting after paragraph (9) the following new paragraph:

``(10) Synthetic opioids and new psychoactive substances.--

``(A) Synthetic opioids.--Information that contains an assessment of the countries significantly involved in the manufacture, production, or transshipment of synthetic opioids, including fentanyl and fentanyl analogues, to include the following:

``(i) The scale of legal domestic production and any available information on the number of manufacturers and producers of such opioids in such countries.

``(ii) Information on any law enforcement assessments of the scale of illegal production, including a description of the capacity of illegal laboratories to produce such opioids.

``(iii) The types of inputs used and a description of the primary methods of synthesis employed by illegal producers of such opioids.

``(iv) An assessment of the policies of such countries to regulate licit manufacture and interdict illicit manufacture, diversion, distribution, and shipment of such opioids and an assessment of the effectiveness of the policies' implementation.

``(B) New psychoactive substances.--Information on, to the extent practicable, any policies of responding to new psychoactive substances (as such term is defined in section 3607 of the FENTANYL Results Act), to include the following:

``(i) Which governments have articulated policies on scheduling of such substances.

``(ii) Any data on impacts of such policies and other responses to such substances.

``(iii) An assessment of any policies the United States could adopt to improve its response to new psychoactive substances.''.

(b) Definition of Major Illicit Drug Producing Country.--Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended--

(1) in paragraph (2)--

(A) by striking ``means a country in which--'' and inserting the following: ``means--

``(A) a country in which--'';

(B) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and moving such clauses, as so redesignated, two ems to the right;

``; or''; and

(D) by adding at the end the following new subparagraph:

``(B) a country which is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States;''; and

(2) by amending paragraph (5) to read as follows:

``(5) the term `major drug-transit country' means a country through which are transported illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States.''.

SEC. 3606. SENSE OF CONGRESS.

It is the sense of Congress that--

(1) the President should direct the United States Representative to the United Nations to use the voice and vote of the United States at the United Nations to advocate for more transparent assessments of countries by the International Narcotics Control Board; and

(2) bilateral, plurilateral, and multilateral international cooperation is essential to combating the trafficking of covered synthetic drugs.

SEC. 3607. DEFINITIONS.

In this title:

(1) The term ``covered synthetic drug'' means--

(A) a synthetic controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), including fentanyl or a fentanyl analogue; or

(B) a new psychoactive substance.

(2) The term ``new psychoactive substance'' means a substance of abuse, or any preparation thereof, that--

(A) is not--

(i) included in any schedule as a controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.); or

(ii) controlled by the Single Convention on Narcotic Drugs, done at New York March 30, 1961, or the Convention on Psychotropic Substances, done at Vienna February 21, 1971;

(B) is new or has reemerged on the illicit market; and

______

SA 1746. Mr. LUJAN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title V of division B, add the following:

SEC. 25__. NATIONAL LABORATORY BIOTECHNOLOGY PROGRAM.

(a) Definitions.--In this section:

(1) Department.--The term ``Department'' means the Department of Energy.

(2) NNSA.--The term ``NNSA'' means the National Nuclear Security Administration.

(3) Office.--The term ``Office'' means the joint program office established under subsection (b)(2).

(4) Office of intelligence and counterintelligence.--The term ``Office of Intelligence and Counterintelligence'' means the Office of Intelligence and Counterintelligence of the Department.

(5) Office of science.--The term ``Office of Science'' means the Office of Science of the Department.

(6) Program.--The term ``Program'' means the National Laboratory Biotechnology Program established under subsection

(b)(1).

(7) Secretary.--The term ``Secretary'' means the Secretary of Energy.

(b) National Laboratory Biotechnology Program.--

(1) In general.--The Secretary shall establish a National Laboratory Biotechnology Program to integrate the resources of the Department, including the Office of Science, the Office of Intelligence and Counterintelligence, and the NNSA, to provide research, development, test and evaluation, and response capabilities to respond to--

(A) long-term biotechnology threats facing the United States; and

(B) any remaining threats posed by COVID-19.

(2) Joint program office.--To carry out the Program, the Secretary shall establish a joint program office, which shall comprise appropriate leadership from the Office of Science, the NNSA, and the National Laboratories.

(3) Functions.--The Office shall--

(A) oversee the development and operation of major research activities of the Program;

(B) periodically review and recommend updates as necessary to Program policies and guidelines for the development and operation of major research activities;

(C) collaborate with the directors of research directorates of the Department, directors of National Laboratories, and other senior Department officials, as appropriate, to gain greater access to top researchers and new and potentially transformative ideas;

(D) enable access to broad scientific and technical expertise and resources that will lead to the deployment of innovative products, including through--

(i) research and development, including proof of concept, technical development, and compliance testing activities; and

(ii) early-stage product development, including through--

(I) computational modeling and simulation;

(II) molecular structural determination;

(III) genomic sequencing;

(IV) epidemiological and logistics support;

(V) knowledge discovery infrastructure and scalable protected data;

(VI) advanced manufacturing to address supply chain bottlenecks;

(VII) new capabilities for testing of clinical and nonclinical samples;

(VIII) understanding environmental fate and transport of viruses; and

(IX) discovery of potential therapeutics through computation and molecular structure determination;

(E) provide access to user facilities with advanced or unique equipment, services, materials, and other resources to perform research and testing;

(F) support technology transfer and related activities; and

(G) promote access and development across the Federal Government and to United States industry, including startup companies, of early applications of the technologies, innovations, and expertise beneficial to the public that are derived from Program activities.

(4) Biodefense expertise.--

(A) In general.--In carrying out the Program, the Office shall support research that harnesses the capabilities of the National Laboratories to address advanced biological threats of national security significance through assessments and research and development programs that--

(i) support the near- and long-term biodefense needs of the United States;

(ii) support the national security community in reducing uncertainty and risk;

(iii) enable greater access to top researchers and new and potentially transformative ideas for biodefense of human, animal, plant, environment, and infrastructure assets

(including physical, cyber, and economic infrastructure); and

(iv) enable access to broad scientific and technical expertise and resources that will lead to the development and deployment of innovative biodefense assessments and solutions, including through--

(I) the accessing, monitoring, and evaluation of biological threats to reduce risk, including through analysis and prioritization of gaps and vulnerabilities across open-source and classified data;

(II) development of scientific and technical roadmaps--

(aa) to address gaps and vulnerabilities;

(bb) to inform analyses of technologies; and

(cc) to accelerate the application of unclassified research to classified applications; and

(III) demonstration activities to enable deployment, including--

(aa) threat signature development and validation;

(bb) automated anomaly detection using artificial intelligence and machine learning;

(cc) fate and transport dynamics for priority scenarios;

(dd) data curation, access, storage, and security at scale; and

(ee) risk assessment tools.

(B) Resources.--The Secretary shall ensure that the Office is provided and uses sufficient resources to carry out subparagraph (A).

(5) Strengthening institutional research and private partnerships.--

(A) In general.--The Office shall, to the maximum extent practicable, promote cooperative research and development activities under the Program, including collaboration between appropriate industry and academic institutions to promote innovation and knowledge creation.

(B) Accessibility of information.--The Office shall develop, maintain, and publicize information on scientific user facilities and capabilities supported by laboratories of the Department for combating biotechnology threats, which shall be accessible for use by individuals from academic institutions and industry.

(i) conduct outreach about internship opportunities relating to activities under the Program primarily to institutions of higher education and minority-serving institutions of higher education;

(ii) encourage the development of research collaborations between research-intensive universities and the institutions described in clause (i); and

(iii) provide traineeships at the institutions described in clause (i) to graduate students who pursue a masters or doctoral degree in an academic field relevant to research advanced under the Program.

(6) Evaluation and plan.--

(A) In general.--Not less frequently than biennially, the Secretary shall--

(i) evaluate the activities carried out under the Program; and

(ii) develop a strategic research plan under the Program, which shall be made publicly available and submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.

(B) Classified information.--If the strategic research plan developed under subparagraph (A)(ii) contains classified information, the plan--

(i) shall be made publicly available and submitted to the committees of Congress described in subparagraph (A)(ii) in an unclassified format; and

(ii) may, as part of the submission to those committees of Congress only, include a classified annex containing any sensitive or classified information, as necessary.

(7) Interagency collaboration.--The Office may collaborate with the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies to advance biotechnology research and development under the Program.

(8) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this section, to remain available until expended--

(A) $30,000,000 for fiscal year 2022;

(B) $40,000,000 for fiscal year 2023;

(D) $50,000,000 for each of fiscal years 2025 and 2026.

______

SA 1747. Mr. KING (for himself and Mr. Lankford) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 2303(c), add the following: ``The exemption authorized under this subsection may also include a categorical exemption for allied countries that appear on the list created pursuant to section 2309(a).''

At the end of title III of division B, add the following:

SEC. 2309. PRIORITIZATION AND PROTECTION OF INTERNATIONAL

RESEARCH.

(a) List of Allied Countries.--The Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, the National Security Council, the Secretary of Energy, the Director of the National Science Foundation and the heads of other relevant agencies, shall create a list of allied countries with which joint international research and cooperation would advance United States national interests and advance scientific knowledge in key technology focus areas.

(b) Establishment of Security Procedures.--The Secretary of State, in consultation with the individuals and entities listed in subsection (a), shall collaborate with similar entities in the countries appearing on the list created pursuant to subsection (a) to develop, coordinate, and agree to general security policies and procedures, consistent with the policies and procedures developed pursuant to sections 2304 and 2305, for governmental, academic, and private sector research, to prevent sensitive research from being disclosed to adversaries.

(c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with the individuals and entities listed in subsection (a), and allied countries appearing on the list created pursuant to subsection (a), shall submit a report to Congress that identifies the most promising international research ventures that leverage resources and advance research in key technology focus areas.

______

SA 1748. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON FTC RULEMAKING RELATING TO UNFAIR

METHODS OF COMPETITION.

(a) In General.--On and after the date of enactment of this Act, the Federal Trade Commission may not promulgate any rule relating to unfair methods of competition.

(b) Conforming Amendment.--Section 18(a)(2) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(2)) is amended by striking the second sentence.

______

SA 1749. Ms. ERNST (for herself, Mr. Marshall, Mr. Inhofe, Mr. Cramer, and Mr. Rounds) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division F, add the following:

SEC. 6302. STUDY ON ELECTRIC VEHICLE EMISSIONS.

The Secretary of Energy or a National Laboratory shall conduct a study on the emissions of the full lifecycle of an electric vehicle, from battery production to disposal, including--

(1) the emissions associated with the electricity generated to power the vehicle throughout its life;

(2) the critical minerals used in the batteries; and

(3) the mineral refining and transport.

______

SA 1750. Mr. RUBIO (for himself, Mr. Scott of Florida, and Mr. Burr) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 439, strike line 10, and all that follows through page 440, line 10, and insert the following:

(d) Excluded Species.--It shall not be a violation of subsection (b) for any person to possess, transport, offer for sale, sell, process, or purchase any fresh, frozen, raw or otherwise processed fin or tail from any stock of the following species:

(1) Mustelus canis (smooth dogfish).

(2) Squalus acanthias (spiny dogfish).

(3) Rhizoprionodon terraenovae (Atlantic sharpnose).

(4) Carcharhinus acronotus (Blacknose).

(5) Carcharhinus limbatus (Blacktip).

(6) Carcharhinus longimanus (Oceanic whitetip).

(7) Carcharhinus leucas (Bull).

(8) Carcharhinus isodon (Finetooth).

(9) Mustelus norrisi (Florida smoothhound).

(10) Mustelus sinusmexicanus (Gulf smoothhound).

(11) Sphyrna mokarran (great Hammerhead).

(12) Sphyrna lewini (scalloped Hammerhead).

(13) Sphyrna zygaena (smooth Hammerhead).

(14) Negaprion brevirostris (Lemon).

(15) Ginglymostoma cirratum (Nurse).

(16) Lamna nasus (Porbeagle).

(17) Isurus oxyrinchus (Shortfin Mako).

(18) Carcharhinus brevipinna (Spinner).

(19) Alopias vulpinus (Thresher).

(20) Galeocerdo cuvier (Tiger).

(21) Carcharhinus plumbeus (Sandbar).

______

SA 1751. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I of division E, add the following:

SEC. 51__. MARKET INDEXES.

(a) In General.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--

(1) in section 8(b) (15 U.S.C. 80a-8(b))--

(A) in paragraph (4), by striking ``and'' at the end;

(B) in paragraph (5), by striking the period at the end and inserting ``; and''; and

``(6) a disclosure of--

``(A) whether the registrant intends to track the returns of, or benchmark against, a specific index of securities; and

``(B) if the registrant intends to track the returns of, or benchmark against, a specific index of securities--

``(i) the identity of the index provider;

``(ii) any involvement of the registrant in designing the index;

``(iii) any ability of the registrant to influence the construction or composition of the index; and

``(iv) any licensing fees paid by the registrant to the index provider.'';

(2) in section 13 (15 U.S.C. 80a-13)--

(A) by redesignating subsection (c) as subsection (d); and

(B) by inserting after subsection (b) the following:

``(c) Change in Investment Policy Relating to Indexing.--

``(1) In general.--With respect to a registered investment company that tracks the returns of, or benchmarks against, a specific index of securities, if a deviation with respect to that index occurs such that the deviation would be permitted under subsection (a)(3) if made directly by the investment company only if authorized by the vote of a majority of the outstanding voting securities of the investment company, the investment company may not continue to so track, or benchmark against, the index, unless so authorized by such a vote or by a vote by the board of directors of the investment company.

``(2) Rule of construction.--For the purposes of paragraph

(1), a deviation with respect to an index that requires a vote, as described in that paragraph, includes such a deviation that adds new, or increases the weighting of, securities--

``(A) of issuers that are headquartered or incorporated in the People's Republic of China; or

``(B) that are listed on exchanges in the People's Republic of China.''; and

(3) in section 30 (15 U.S.C. 80a-29)--

(A) in subsection (b)(1) , by striking ``this title; and'' and inserting the following: ``this title, which shall include--

``(A) information regarding whether the registered investment company tracks the returns of, or benchmarks against (or intends to track, or benchmark against), a specific index of securities; and

``(B) if the registered investment company engages in, or intends to engage in, the action described in subparagraph

(A), the information described in section 8(b)(6)(B) with respect to the index described in subparagraph (A) of this paragraph; and''; and

(B) by adding at the end the following:

``(k) Annual Disclosure Regarding Chinese Securities.--

``(1) In general.--Each registered investment company shall annually transmit to the stockholders of the investment company a report containing information regarding, with respect to any security owned by the investment company that is issued by an issuer that is headquartered or incorporated in the People's Republic of China or listed on an exchange in the People's Republic of China--

``(A) the percentage of the securities of that issuer that are owned by governmental entities in the People's Republic of China;

``(B) whether the entities described in subparagraph (A) have a controlling financial interest with respect to the issuer;

``(C) the name of any official of the Chinese Communist Party who is a member of the board of directors of--

``(i) the issuer; or

``(ii) the operating entity with respect to the issuer;

``(D) whether the articles of incorporation of the issuer

(or equivalent organizing document) contains any charter of the Chinese Communist Party, including the text of any such charter; and

``(E) whether the investment company was unable to obtain any of the information required under any of subparagraphs

(A) through (D).

``(2) Inclusion permitted.--A report that a registered investment company is required to transmit under paragraph

(1) may be included in a report that the investment company is required to transmit under subsection (e).''.

(b) Technical and Conforming Amendment.--Section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)) is amended, in the matter preceding paragraph (1), by striking ``section 13(c)(1)(B)'' and inserting ``section 13(d)(1)(B)''.

(c) Updates to Rules.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall make any updates to the rules of the Commission that are necessary as a result of this section and the amendments made by this section.

______

SA 1752. Mr. RUBIO (for himself, Mr. Cotton, and Mr. Scott of Florida) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I of division E, add the following:

SEC. 51__. AMERICAN FINANCIAL MARKETS INTEGRITY AND SECURITY.

(a) Prohibitions Relating to Certain Communist Chinese Military Companies.--

(1) Definitions.--In this subsection:

(A) Commission.--The term ``Commission'' means the Securities and Exchange Commission.

(B) Control; insurance company.--The terms ``control'' and

``insurance company'' have the meanings given the terms in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)).

(i) In general.--The term ``covered entity''--

(I) means an entity on--

(aa) the list of Communist Chinese military companies required by section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note); or

(bb) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the title 15, Code of Federal Regulations; and

(II) includes a parent, subsidiary, or affiliate of, or an entity controlled by, an entity described in subclause (I).

(ii) Grace period.--For the purposes of this section, and the amendments made by this section, an entity shall be considered to be a covered entity beginning on the date that is 1 year after the date on which the entity first qualifies under the applicable provision of clause (i).

(D) Exchange; security.--The terms ``exchange'' and

``security'' have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

(2) Prohibitions.--

(A) Listing on exchange.--Beginning on the date that is 1 year after the date of enactment of this Act, the Commission shall prohibit a covered entity from offering to sell or selling on an exchange (or through any other method that is within the jurisdiction of the Commission to regulate, including through the method of trading that is commonly referred to as the ``over-the-counter'' trading of securities) securities issued by the covered entity, including pursuant to an exemption to section 5 of the Securities Act of 1933 (15 U.S.C. 77e).

(B) Investments; limitation on actions.--

(i) In general.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--

(I) in section 12(d) (15 U.S.C. 80a-12(d)), by adding at the end the following:

``(4)(A) It shall be unlawful for any investment company, or any person that would be an investment company but for the application of paragraph (1) or (7) of section 3(c), to invest in a covered entity.

``(B) In this paragraph, the term `covered entity' has the meaning given the term in section 2(a) of the American Financial Markets Integrity and Security Act.''; and

(II) in section 13(c)(1) (15 U.S.C. 80a-13(c)(1))--

(aa) in subparagraph (A), by striking ``or'' at the end;

(bb) in subparagraph (B), by striking the period at the end and inserting ``or''; and

(cc) by adding at the end the following:

``(C) are covered entities, as that term is defined in section 12(d)(4)(B).''.

(ii) Effective date.--The amendments made by clause (i) shall take effect on the date that is 1 year after the date of enactment of this Act.

(i) In general.--Except as provided in clause (ii), on and after the date that is 180 days after the date of enactment of this Act, no Federal funds may be used to enter into, extend, or renew a contract or purchasing agreement with a covered entity.

(ii) Waiver.--The head of a Federal agency may issue a national security waiver to the prohibition in clause (i) for a period of not more than 2 years with respect to a covered entity if the agency head submits to Congress a notification that includes--

(I) a written justification for the waiver; and

(II) a plan for a phase-out of the goods or services provided by the covered entity.

(D) Investments by insurance companies.--

(i) In general.--On and after the date of enactment of this Act, an insurance company may not invest in a covered entity.

(ii) Certification of compliance.--

(I) In general.--Each insurance company shall, on an annual basis, submit to the Secretary of the Treasury a certification of compliance with clause (i).

(II) Responsibilities of the secretary.--The Secretary of the Treasury shall create a form for the submission required under subclause (I) in such a manner that minimizes the reporting burden on an insurance company making the submission.

(iii) Sharing information.--The Secretary of the Treasury, acting through the Federal Insurance Office, shall share the information received under clause (ii) and coordinate verification of compliance with State insurance offices.

(3) Qualified trusts, etc.--

(A) In general.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (38) the following new paragraph:

``(39) Prohibited investments.--A trust which is part of a plan shall not be treated as a qualified trust under this subsection unless the plan provides that no part of the plan's assets will be invested in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940).''.

(B) IRAs.--Paragraph (3) of section 408(a) of such Code is amended by striking ``contracts'' and inserting ``contracts or in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940)''.

(C) Fiduciary duty.--Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection:

``(f) Prohibited Investments.--No fiduciary shall cause any assets of a plan to be invested in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-12(d)(6)(B))).''.

(D) Effective date.--

(i) In general.--Except as provided in clause (ii), the amendments made by this paragraph shall apply to plan years beginning after the date which is 180 days after the date of the enactment of this Act.

(ii) Plan amendments.--If clause (iii) applies to any retirement plan or contract amendment--

(I) such plan or contract shall not fail to be treated as being operated in accordance with the terms of the plan during the period described in clause (iii)(II) solely because the plan operates in accordance with the amendments made by this paragraph, and

(II) except as provided by the Secretary of the Treasury

(or the Secretary's delegate), such plan or contract shall not fail to meet the requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment.

(iii) Amendments to which paragraph applies.--

(I) In general.--This subparagraph shall apply to any amendment to any plan or annuity contract which--

(aa) is made pursuant to the provisions of this subsection, and

(bb) is made on or before the last day of the first plan year beginning on or after the date which is 2 years after the date of the enactment of this Act (4 years after such date of enactment, in the case of a governmental plan).

(II) Conditions.--This subparagraph shall not apply to any amendment unless--

(aa) during the period beginning on the date which is 180 days after the date of the enactment of this Act, and ending on the date described in subclause (I)(bb) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and

(bb) such plan or contract amendment applies retroactively for such period.

(iv) Subsequent amendments.--Rules similar to the rules of clauses (ii) and (iii) shall apply in the case of any amendment to any plan or annuity contract made pursuant to any update of the list of Communist Chinese military companies required by section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105-261; 50 U.S.C. 1701 note) which is made after the effective date of the amendments made by this paragraph.

(b) Modification of Requirements for List of Communist Chinese Military Companies.--Section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note) is amended--

(1) by striking paragraph (2) and inserting the following:

``(2) Revisions to the list.--

``(A) Additions.--The Secretary of Defense, the Secretary of Commerce, or the Director of National Intelligence may add a person to the list required by paragraph (1) at any time.

``(B) Removals.--A person may be removed from the list required by paragraph (1) if the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence agree to remove the person from the list.

``(C) Submission of updates to congress.--Not later than February 1 of each year, the Secretary of Defense shall submit a version of the list required in paragraph (1), updated to include any additions or removals under this paragraph, to the committees and officers specified in paragraph (1).'';

(2) by striking paragraph (3) and inserting the following:

``(3) Consultation.--In carrying out paragraphs (1) and

(2), the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence shall consult with each other, the Attorney General, and the Director of the Federal Bureau of Investigation.''; and

(3) in paragraph (4), in the matter preceding subparagraph

(A), by striking ``making the determination required by paragraph (1) and of carrying out paragraph (2)'' and inserting ``this section''.

(1) Analysis required.--The Director of the Office of Commercial and Economic Analysis of the Air Force shall conduct an analysis of--

(A) the strategic importance to the Government of the People's Republic of China of inflows of United States dollars through capital markets to the People's Republic of China;

(B) the methods by which that Government seeks to manage such inflows;

(C) how the inclusion of the securities of Chinese entities in stock or bond indexes affects such inflows and serves the financial ambitions of that Government; and

(D) how the listing of the securities of Chinese entities on exchanges in the United States assists in--

(i) meeting the strategic goals of that Government, including defense, surveillance, and intelligence goals; and

(ii) the fusion of the civilian and military components of that Government.

(2) Submission to congress.--The Director of the Office of Commercial and Economic Analysis of the Air Force shall submit to Congress a report--

(A) setting forth the results of the analysis conducted under paragraph (1); and

(B) based on that analysis, making recommendations for best practices to mitigate any national security and economic risks to the United States relating to the financial ambitions of the Government of the People's Republic of China.

______

SA 1753. Mr. RUBIO (for himself and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. SMALL BUSINESS INVESTMENT COMPANY PROGRAM.

(a) In General.--Part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended--

(1) in section 302(a) (15 U.S.C. 682(a))--

(A) in paragraph (1)--

(i) in subparagraph (A), by striking ``or'' at the end;

(ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and

(iii) by adding at the end the following:

``(C) $20,000,000, adjusted every 5 years for inflation, with respect to each licensee authorized or seeking authority to sell bonds to Administration as a participating investment company under section 321.''; and

(2) by adding at the end the following:

``SEC. 321. SMALL BUSINESS AND DOMESTIC PRODUCTION RECOVERY

INVESTMENT FACILITY.

``(a) Definitions.--In this section:

``(1) Eligible small business concern.--The term `eligible small business concern'--

``(A) means a small business concern that is a manufacturing business that is assigned a North American Industry Classification System code beginning with 31, 32, or 33 at the time at which the small business concern receives an investment from a participating investment company under the facility; and

``(B) does not include an entity described in section 7(a)(37)(A)(iv)(III) of the Small Business Act (15 U.S.C. 636(a)(37)(A)(iv)(III)).

``(2) Facility.--The term `facility' means the facility established under subsection (b).

``(3) Fund.--The term `Fund' means the fund established under subsection (h).

``(4) Participating investment company.--The term

`participating investment company' means a small business investment company approved under subsection (d) to participate in the facility.

``(5) Protege investment company.--The term `protege investment company' means a small business investment company that--

``(A) is majority managed by new, inexperienced, or otherwise underrepresented fund managers; and

``(B) elects and is selected by the Administration to participate in the pathway-protege program under subsection

(g).

``(6) Small business concern.--The term `small business concern' has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

``(b) Establishment.--

``(1) Facility.--The Administrator shall establish and carry out a facility to increase resiliency in the manufacturing supply chain of eligible small business concerns by providing financial assistance to participating investment companies that facilitate equity financings to eligible small business concerns in accordance with this section.

``(2) Administration of facility.--The facility shall be administered by the Administrator acting through the Associate Administrator described in section 201.

``(c) Applications.--

``(1) In general.--Any small business investment company may submit to the Administrator an application to participate in the facility.

``(2) Requirements for application.--An application to participate in the facility shall include the following:

``(A) A business plan describing how the applicant intends to make successful equity investments in eligible small business concerns.

``(B) Information regarding the relevant investment qualifications and backgrounds of the individuals responsible for the management of the applicant.

``(C) A description of the extent to which the applicant meets the selection criteria under subsection (d)(2).

``(3) Exceptions to application for new licensees.--Not later than 90 days after the date of enactment of this section, the Administrator shall reduce requirements for applicants applying to operate as a participating investment company under this section in order to encourage the participation of new small business investment companies in the facility under this section, which may include the requirements established under part 107 of title 13, Code of Federal Regulations, or any successor regulation, relating to--

``(A) the approval of initial management expenses;

``(B) the management ownership diversity requirement;

``(C) the disclosure of general compensatory practices and fee structures; or

``(D) any other requirement that the Administrator determines to be an obstacle to achieving the purposes described in this paragraph.

``(d) Selection of Participating Investment Companies.--

``(1) Determination.--

``(A) In general.--Except as provided in paragraph (3), not later than 60 days after the date on which the Administrator receives an application under subsection (c), the Administrator shall--

``(i) make a final determination to approve or disapprove such applicant to participate in the facility; and

``(ii) transmit the determination to the applicant in writing.

``(B) Commitment amount.--Except as provided in paragraph

(3), at the time of approval of an applicant, the Administrator shall make a determination of the amount of the commitment that may be awarded to the applicant under this section.

``(2) Selection criteria.--In making a determination under paragraph (1), the Administrator shall consider--

``(A) the probability that the investment strategy of the applicant will successfully repay any financial assistance provided by the Administration, including the probability of a return significantly in excess thereof;

``(B) the probability that the investments made by the applicant will--

``(i) provide capital to eligible small business concerns; or

``(ii) create or preserve jobs in the United States;

``(C) the probability that the applicant will meet the objectives in the business plan of the applicant, including the financial goals, and, if applicable, the pathway-protege program in accordance with subsection (g); and

``(D) the probability that the applicant will assist eligible small business concerns in achieving profitability.

``(3) Approval of participating investment companies.--

``(A) Provisional approval.--

``(i) In general.--Notwithstanding paragraph (1), with respect to an application submitted by an applicant to operate as a participating investment company under this section, the Administrator may provide provisional approval for the applicant in lieu of a final determination of approval and determination of the amount of the commitment under that paragraph.

``(ii) Purpose.--The purpose of a provisional approval under clause (i) is to--

``(I) encourage applications from investment companies with an investment mandate from the committed private market capital of the investment company that does not conform to the requirements described in this section at the time of application;

``(II) allow the applicant to more effectively raise capital commitments in the private markets by referencing the intent of the Administrator to award the applicant a commitment; and

``(III) allow the applicant to more precisely request the desired amount of commitment pending the securing of capital from private market investors.

``(iii) Limit on period of the time.--The period between a provisional approval under clause (i) and the final determination of approval under paragraph (1) shall not exceed 12 months.

``(e) Commitments and SBIC Bonds.--

``(1) In general.--The Administrator may, out of amounts available in the Fund, purchase or commit to purchase from a participating investment company 1 or more accruing bonds that include equity features as described in this subsection.

``(2) Bond terms.--A bond purchased by the Administrator from a participating investment company under this subsection shall have the following terms and conditions:

``(A) Term and interest.--

``(i) In general.--The bond shall be issued for a term of not less than 15 years and shall bear interest at a rate determined by the Administrator of not more than 2 percent.

``(ii) Accrual of interest.--Interest on the bond shall accrue and shall be payable in accordance with subparagraph

(D).

``(iii) Prepayment.--The bond shall be prepayable without penalty after the end of the 1-year period beginning on the date on which the bond was purchased.

``(B) Profits.--

``(i) In general.--The Administration shall be entitled to receive a share of the profits net of any profit sharing performance compensation of the participating investment company equal to the quotient obtained by dividing--

``(I) one-third of the commitment that the participating investment company is approved for under subsection (d); by

``(II) the commitment approved under subsection (d) plus the regulatory capital of the participating investment company at the time of approval under that subsection.

``(ii) Determination of percentage.--The share to which the Administration is entitled under clause (i)--

``(I) shall be determined at the time of approval under subsection (d); and

``(II) without the approval of the Administration, shall not be revised, including to reflect subsequent distributions of profits, returns of capital, or repayments of bonds, or otherwise.

``(C) Profit sharing performance compensation.--

``(i) Receipt by administration.--The Administration shall receive a share of profits of not more than 2 percent, which shall be deposited into the Fund and be available to make commitments under this subsection.

``(ii) Receipt by managers.--The managers of the participating investment company may receive a maximum profit sharing performance compensation of 25 percent minus the share of profits paid to the Administration under clause (i).

``(D) Prohibition on distributions.--No distributions on capital, including profit distributions, shall be made by the participating investment company to the investors or managers of the participating investment company until the Administration has received payment of all accrued interest on the bond committed under this section.

``(E) Repayment of principal.--Except as described in subparagraph (F), repayments of principal of the bond of a participating investment company shall be--

``(i) made at the same time as returns of private capital; and

``(ii) in amounts equal to the pro rata share of the Administration of the total amount being repaid or returned at such time.

``(F) Liquidation or default.--Upon any liquidation event or default, as defined by the Administration, any unpaid principal or accrued interest on the bond shall--

``(i) have a priority over all equity of the participating investment company; and

``(ii) be paid before any return of equity or any other distributions to the investors or managers of the participating investment company.

``(3) Amount of commitments and purchases.--

``(A) Maximum amount.--The maximum amount of outstanding bonds and commitments to purchase bonds for any participating investment company under the facility shall be the lesser of--

``(i) twice the amount of the regulatory capital of the participating investment company; or

``(ii) $200,000,000.

``(4) Commitment process.--Commitments by the Administration to purchase bonds under the facility shall remain available to be sold by a participating investment company until the end of the fourth fiscal year following the year in which the commitment is made, subject to review and approval by the Administration based on regulatory compliance, financial status, change in management, deviation from business plan, and such other limitations as may be determined by the Administration by regulation or otherwise.

``(5) Commitment conditions.--

``(A) In general.--As a condition of receiving a commitment under the facility, not less than 50 percent of amounts invested by the participating investment company shall be invested in eligible small business concerns.

``(B) Examinations.--In addition to the matters set forth in section 310(c), the Administration shall examine each participating investment company in such detail so as to determine whether the participating investment company has complied with the requirements under this subsection.

``(f) Distributions and Fees.--

``(1) Distribution requirements.--

``(A) Distributions.--As a condition of receiving a commitment under the facility, a participating investment company shall make all distributions to the Administrator in the same form and in a manner as are made to investors, or otherwise at a time and in a manner consistent with regulations or policies of the Administration.

``(B) Allocations.--A participating investment company shall make allocations of income, gain, loss, deduction, and credit to the Administrator with respect to any outstanding bonds as if the Administrator were an investor.

``(2) Fees.--The Administrator may not charge fees for participating investment companies other than examination fees that are consistent with the license of the participating investment company.

``(3) Bifurcation.--Losses on bonds issued by participating investment companies shall not be offset by fees or any other charges on debenture small business investment companies.

``(g) Protege Program.--The Administrator shall establish a pathway-protege program in which a protege investment company may receive technical assistance and program support from a participating investment company on a voluntary basis and without penalty for non-participation.

``(h) Loss Limiting Fund.--

``(1) In general.--There is established in the Treasury a fund for making commitments and purchasing bonds with equity features under the facility and receiving capital returned by participating investment companies.

``(2) Use of funds.--Amounts appropriated to the Fund or deposited in the Fund under paragraph (3) shall be available to the Administrator, without further appropriation, for making commitments and purchasing bonds under the facility and expenses and payments, excluding administrative expenses, relating to the operations of the Administrator under the facility.

``(3) Depositing of amounts.--

``(A) In general.--All amounts received by the Administrator from a participating investment company relating to the facility, including any moneys, property, or assets derived by the Administrator from operations in connection with the facility, shall be deposited in the Fund.

``(B) Period of availability.--Amounts deposited under subparagraph (A) shall remain available until expended.

``(i) Application of Other Sections.--To the extent not inconsistent with requirements under this section, the Administrator may apply sections 309, 311, 312, 313, and 314 to activities under this section and an officer, director, employee, agent, or other participant in a participating investment company shall be subject to the requirements under such sections.

``(j) Authorization of Appropriations.--There is authorized to be appropriated for the first fiscal year beginning after the date of enactment of this part $10,000,000,000 to carry out the facility. Amounts appropriated pursuant to this subsection shall remain available until the end of the second fiscal year beginning after the date of enactment of this section.''.

(b) Approval of Bank-Owned, Non-Leveraged Applicants.--Section 301(c)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)(2)) is amended--

(1) in subparagraph (B), in the matter preceding clause

(i), by striking ``Within'' and inserting ``Except as provided in subparagraph (C), within''; and

(2) by adding at the end the following:

``(C) Exception for bank-owned, non-leveraged applicants.--Notwithstanding subparagraph (B), not later than 45 days after the date on which the Administrator receives a completed application submitted by a bank-owned, non-leveraged applicant in accordance with this subsection and in accordance with such requirements as the Administrator may prescribe by regulation, the Administrator shall--

``(i) review the application in its entirety; and

``(ii)(I) approve the application and issue a license for such operation to the applicant if the requirements of this section are satisfied; or

``(II) disapprove the application and notify the applicant in writing of the disapproval.''.

(c) Electronic Submissions.--Part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), as amended by subsection (a) of this section, is amended by adding at the end the following:

``SEC. 322. ELECTRONIC SUBMISSIONS.

``The Administration shall permit any document submitted under this title, or pursuant to a regulation carrying out this title, to be submitted electronically, including by permitting an electronic signature for any signature that is required on such a document.''.

______

SA 1754. Mr. RUBIO (for himself, Mrs. Shaheen, Mr. Scott of Florida, Mr. Young, and Ms. Ernst) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I of division E, add the following:

SEC. 51__. INVESTMENT OF THRIFT SAVINGS FUND.

Section 8438 of title 5, United States Code, is amended by adding at the end the following:

``(i)(1) In this subsection--

``(A) the term `PCAOB' means the Public Company Accounting Oversight Board; and

``(B) the term `registered public accounting firm' has the meaning given the term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)).

``(2) Notwithstanding any other provision of this section, no sums in the Thrift Savings Fund may be invested in any security that is listed on an exchange in a jurisdiction in which the PCAOB is prevented from conducting a complete inspection or investigation of a registered public accounting firm under section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214) because of a position taken by an authority in that jurisdiction, as determined by the PCAOB.

``(3) The Board shall consult with the Securities and Exchange Commission on a biennial basis in order to ensure compliance with paragraph (2).''.

______

SA 1755. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division F, insert the following:

TITLE IV--MEDICAL MANUFACTURING ECONOMIC DEVELOPMENT

SEC. 6401. SHORT TITLE.

This title may be cited as the ``Medical Manufacturing, Economic Development, and Sustainability Act of 2021'' or the

``MMEDS Act of 2021''.

SEC. 6402. ECONOMICALLY DISTRESSED ZONES.

(a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

``Subchapter AA--Medical Product Manufacturing in Economically

Distressed Zones

``subchapter aa--medical product manufacturing in economically distressed zones

``Sec. 1400AA-1. Medical product manufacturing in economically distressed zone credit.

``Sec. 1400AA-2. Credit for economically distressed zone products and services acquired by domestic medical product manufacturers.

``Sec. 1400AA-3. Special rules to secure the national supply chain.

``Sec. 1400AA-4. Designation of economically distressed zones.

``SEC. 1400AA-1. MEDICAL PRODUCT MANUFACTURING IN

ECONOMICALLY DISTRESSED ZONE CREDIT.

``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to 40 percent of the sum of--

``(1) the aggregate amount of the taxpayer's medical product manufacturing economically distressed zone wages for such taxable year,

``(2) the allocable employee fringe benefit expenses of the taxpayer for such taxable year, and

``(3) the depreciation and amortization allowances of the taxpayer for the taxable year with respect to qualified medical product manufacturing facility property.

``(b) Denial of Double Benefit.--Any wages or other expenses taken into account in determining the credit under this section may not be taken into account in determining the credit under sections 41, and any other provision determined by the Secretary to be substantially similar.

``(c) Definitions and Special Rules.--For purposes of this section--

``(1) Economically distressed zone wages.--

``(A) In general.--The term `economically distressed zone wages' means amounts paid or incurred for wages during the taxable year which are--

``(i) in connection with the active conduct of a trade or business of the taxpayer, and

``(ii) paid or incurred for an employee the principal place of employment of whom is in a qualified medical product manufacturing facility of such taxpayer.

``(B) Limitation on amount of wages taken into account.--

``(i) In general.--The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins.

``(ii) Treatment of part-time employees, etc.--If--

``(I) any employee is not employed by the taxpayer on a substantially full-time basis at all times during the taxable year, or

``(II) the principal place of employment of any employee is not within an economically distressed zone at all times during the taxable year,

the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i).

``(C) Treatment of certain employees.--The term

`economically distressed zone wages' shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation.

``(D) Wages.--For purposes of this paragraph, the term

`wages' shall not include any amounts which are allocable employee fringe benefit expenses.

``(2) Allocable employee fringe benefit expenses.--

``(A) In general.--The term `allocable employee fringe benefit expenses' means the aggregate amount allowable as a deduction under this chapter to the taxpayer for the taxable year for the following amounts which are allocable to employment in a qualified medical product manufacturing facility:

``(i) Employer contributions under a stock bonus, pension, profit-sharing, or annuity plan.

``(ii) Employer-provided coverage under any accident or health plan for employees.

``(iii) The cost of life or disability insurance provided to employees.

``(B) Allocation.--For purposes of subparagraph (A), an amount shall be treated as allocable to a qualified medical product manufacturing facility only if such amount is with respect to employment of an individual for services provided, and the principal place of employment of whom is, in such facility.

``(3) Qualified medical product manufacturing facility.--The term `qualified medical product manufacturing facility' means any facility that--

``(A) researches and develops or produces medical products or essential components of medical products, and

``(B) is located within an economically distressed zone.

``(4) Qualified medical product manufacturing facility property.--The term `qualified medical product manufacturing facility property' means any property originally used in (or consisting of) a qualified medical product manufacturing facility if such property is directly connected to the research, development, or production of a medical product.

``(5) Medical product; essential component.--

``(A) Medical product.--The term `medical product' means--

``(i) a drug that--

``(I) is a prescription drug subject to regulation under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act

(42 U.S.C. 262);

``(II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382); or

``(III) is described in section 201(jj) of such Act (21 U.S.C. 321(jj)); or

``(ii) a device, as defined in section 201(h) of such Act

(21 U.S.C. 321(h)).

``(B) Essential component.--The term `essential component' means, with respect to a medical product--

``(i) an active pharmaceutical ingredient; or

``(ii) a protein, antibody, enzyme, hormone, or other organic material that is an active ingredient in a biological product.

``(6) Aggregation rules.--

``(A) In general.--For purposes of this section, members of an affiliated group shall be treated as a single taxpayer.

``(B) Affiliated group.--The term `affiliated group' means an affiliated group (as defined in section 1504(a), determined without regard to section 1504(b)(3)) one or more members of which are engaged in the active conduct of a trade or business within an economically distressed zone.

``SEC. 1400AA-2. CREDIT FOR ECONOMICALLY DISTRESSED ZONE

PRODUCTS AND SERVICES ACQUIRED BY DOMESTIC

MEDICAL PRODUCT MANUFACTURERS.

``(a) Allowance of Credit.--In the case of an eligible medical product manufacturer, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the aggregate amounts paid or incurred by the taxpayer during such taxable year for qualified products or services.

``(b) Applicable Percentage.--For purposes of this section, the term applicable percentage means--

``(1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), and

``(2) 5 percent in the case of amounts paid or incurred to a related person.

``(c) Eligible Medical Product Manufacturer.--For purposes of this section, the term `eligible medical product manufacturer' means any person in the trade or business of producing medical products in the United States.

``(d) Qualified Product or Service.--For purposes of this section, the term `qualified product or service' means--

``(1) any product which is produced in an economically distressed zone and which is integrated into a medical product produced by the taxpayer, and

``(2) any service which is provided in an economically distressed zone and which is necessary to the production of a medical product by the taxpayer (including packaging).

``(e) Related Persons.--For purposes of this section, persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b).

``(f) Other Terms.--Terms used in this section which are also used in section 1400AA-1 shall have the same meaning as when used in such section.

``SEC. 1400AA-3. SPECIAL RULES TO SECURE THE NATIONAL SUPPLY

CHAIN.

``(a) In General.--In the case of a qualified repatriated pharmaceutical manufacturing facility, section 1400AA-1(a) shall be applied by substituting `60 percent' for `40 percent'.

``(b) Election To Expense in Lieu of Tax Credit for Depreciation.--In the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualified repatriated medical product manufacturing facility or qualified population health product manufacturing facility--

``(1) section 1400AA-1(a)(3) shall not apply with respect to any qualified medical product manufacturing facility property with respect to such facility, and

``(2) for purposes of section 168(k)--

``(A) such property shall be treated as qualified property, and

``(B) the applicable percentage with respect to such property shall be 100 percent.

``(c) Qualified Repatriated Medical Product Manufacturing Facility.--For purposes of this section, the term `qualified repatriated medical product manufacturing facility' means any qualified medical product manufacturing facility (as defined in section 1400AA-1) the production of which was moved to an economically distressed zone from a foreign country that the United States Trade Representative has determined could pose a risk to the national supply chain because of political or social factors.

``SEC. 1400AA-4. DESIGNATION OF ECONOMICALLY DISTRESSED

ZONES.

``(a) In General.--For purposes of this subchapter, the term `economically distressed zone' means any population census tract within the United States which--

``(1) has a poverty rate of not less than 35 percent for each of the 5 most recent calendar years for which information is available, or

``(2) satisfies each of the following requirements:

``(A) The census tract has pervasive poverty, unemployment, low labor force participation, and general distress measured as a prolonged period of economic decline measured by real gross national product.

``(B) The census tract has a poverty rate of not less than 30 percent for each of the 5 most recent calendar years for which information is available.

``(C) The census tract has been designated as such by the Secretary and the Secretary of Commerce pursuant to an application under subsection (b).

``(b) Application for Designation.--

``(1) In general.--An application for designation as an economically distressed zone may be filed by a State or local government in which the population census tract to which the application applies is located.

``(2) Requirements.--Such application shall include a strategic plan for accomplishing the purposes of this subchapter, which--

``(A) describes the coordinated economic, human, community, and physical development plan and related activities proposed for the nominated area,

``(B) describes the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process,

``(C) identifies the amount of State, local, and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, medical centers, and other private and public entities,

``(D) identifies the funding requested under any Federal program in support of the proposed economic, human, community, and physical development and related activities,

``(E) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan, including the extent to which poor persons and families will be empowered to become economically self-sufficient, and

``(F) does not include any action to assist any establishment in relocating from one area outside the nominated area to the nominated area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if--

``(i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations,

``(ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operation, and

``(iii) includes such other information as may be required by the Secretary and the Secretary of Commerce.

``(c) Period for Which Designations Are in Effect.--Designation as an economically distressed zone may be made at any time during the 10-year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. Economically distressed zones described in subsection (a)(1) shall take effect on the date of the enactment of this Act and shall remain in effect during the 15-year period beginning on such date.

``(d) Territories and Possessions.--The term `United States' includes the 50 States, the District of Columbia, and the territories and possessions of the United States.

``(e) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including--

``(1) not later than 30 days after the date of the enactment of this section, a list of the population census tracts described in subsection (a)(1), and

``(2) not later than 60 days after the date of the enactment of this section, regulations or other guidance regarding the designation of population census tracts described in subsection (a)(2).''.

(b) Clerical Amendment.--The table of subchapters for chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

``subchapter aa--medical product manufacturing in economically distressed zones''.

SEC. 6403. REPORT ON NEED FOR INCENTIVIZING DEVELOPMENT OF

THERAPIES.

Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall examine and report to the Congress on--

(1) the extent to which the health of aging individuals in the United States, African Americans, Hispanics, Native Americans, veterans, or other vulnerable populations in the United States has been disproportionately harmed by the COVID-19 pandemic and prior epidemics and pandemics;

(2) the therapies currently available, and whether there is a need for additional innovation and development to produce therapies, to reduce the exposure of vulnerable populations in the United States to risk of disproportionate harm in epidemics and pandemics; and

(3) whether the Secretary recommends providing the same incentives for the development and marketing of therapies described in paragraph (2) as is provided under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to qualified infectious disease products designated under section 505E(d) of such Act (21 U.S.C. 355f(d)).

______

SA 1756. Ms. CORTEZ MASTO (for herself and Mr. Daines) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 2501A. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.

(a) In General.--Not later than the end of each calendar year immediately after the calendar year in which a review under section 2501B is completed, the Director of the Office of Science and Technology Policy, in consultation with the National Science and Technology Council, shall develop and submit to Congress a comprehensive national science and technology strategy of the United States to meet national research and development objectives for the following 4-year period (in this section referred to as the ``national science and technology strategy'').

(b) Requirements.--Each national science and technology strategy required by subsection (a) shall delineate a national science and technology strategy consistent with--

(1) the recommendations and priorities developed by the review established in section 2501B;

(2) the most recent national security strategy report submitted pursuant to section 1032 of the National Defense Authorization Act for Fiscal Year 2012 (50 U.S.C. 3043);

(3) other relevant national plans; and

(4) the strategic plans of relevant Federal departments and agencies.

(c) Consultation.--The Director of the Office of Science and Technology Policy shall consult, as necessary, with the Director of the Office of Management and Budget and the heads of other appropriate elements of the Executive Office of the President to ensure that the recommendations and priorities delineated in the science and technology strategy are incorporated in the development of annual budget requests.

(d) Report.--The President shall submit to Congress each year a comprehensive report on the national science and technology strategy of the United States. Each report on the national science and technology strategy of the United States shall include a description of--

(1) strategic objectives and priorities necessary to maintain the leadership of the United States in science and technology, including near-term, medium-term, and long-term research priorities;

(2) programs, policies, and activities that the President recommends across all Federal agencies to achieve the strategic objectives in paragraph (1); and

(3) global trends in science and technology, including potential threats to the leadership of the United States in science and technology.

(e) Publication.--The Director shall, consistent with the protection of national security and other sensitive matters to the maximum extent practicable, make each report submitted under subsection (d) publicly available on an internet website of the Office of Science and Technology Policy.

SEC. 2501B. INTERAGENCY QUADRENNIAL INNOVATION AND TECHNOLOGY

REVIEW.

(a) Definitions.--In this section:

(1) Appropriate committees of congress.--The term

``appropriate committees of Congress'' means--

(A) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Appropriations, the Committee on Environment and Public Works, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, the Committee Science, Space, and Technology and the Committee on Homeland Security of the House of Representatives.

(2) Interagency.--The term ``interagency'' with respect to a review means that the review is conducted in consultation and coordination between Federal agencies, including the Department of Commerce, the Department of Transportation, the Department of Defense, the Department of Energy, the Environmental Protection Agency, and such other related agencies as the Director of the Office of Science and Technology Policy considers appropriate, as well as the following:

(A) The National Science and Technology Council.

(B) The President's Council of Advisors on Science and Technology.

(D) the National Security Council.

(E) The Council of Economic Advisers.

(F) The National Economic Council.

(G) The Domestic Policy Council.

(H) The Office of the United States Trade Representative.

(b) Interagency Quadrennial Innovation and Technology Review Required.--

(1) In general.--Not later than 1 year after the date of the enactment of this division, and every 4 years thereafter, the Director of the Office of Science and Technology Policy shall complete an interagency review of the science and technology enterprise of the United States (in this section referred to as the ``quadrennial innovation and technology review'').

(2) Scope.--The quadrennial innovation and technology review shall be a comprehensive examination of the science and technology strategy of the United States, including recommendations for maintaining global leadership in science and technology and guidance on the coordination of programs, assets, capabilities, budget, policies, and authorities across all Federal research and development programs to strengthen United State technology policy in order to capitalize on the opportunities, address the barriers, and incorporate the necessary safeguards to protect our national and economic security.

(3) Strategic framework and priority missions.--Each quadrennial innovation and technology review shall include development of a strategic framework and priority missions by--

(A) gathering current data on domestic and global trends in innovation and technology;

(B) developing an integrated view of, and recommendations for, Federal technology policy in the context of economic, occupational, security, environmental, and health and safety priorities, with specific attention given to the challenges, opportunities, and safeguards needed for the technology development of the United States;

(C) reviewing the adequacy, with respect to technology policy, of legislative and administrative action in effect during the period covered by the quadrennial innovation and technology review, and developing recommendations for additional legislative and administrative actions as appropriate;

(D) assessing and recommending priorities for Federal research, development, demonstration, adoption, commercialization, and security programs to support key technology-innovation goals;

(E) developing recommendations regarding the analytical tools and data needed to support further policy development and implementation; and

(F) developing recommendations for development of a Federal budget and for Federal regulatory actions.

(4) Consultation.--In carrying out each quadrennial innovation and technology review, the Director of the Office of Science and Technology Policy shall consult with the following:

(A) Congress.

(B) Federal agencies, including Federal agencies not described in subsection (a)(2).

(D) Representatives of specific technology industries, as the Director considers appropriate.

(E) Academics.

(F) State, local, and Tribal governments.

(G) Nongovernmental organizations.

(H) The public.

(1) provide an integrated view of, and recommendations for, science and technology policy across the Federal Government, while considering economic and national security;

(2) assess and recommend priorities for research, development and demonstration programs to maintain American leadership in science and technology;

(3) assess the global competition in science and technology and identify potential threats to the leadership of the United States in science and technology;

(4) assess and make recommendations on the science, technology, engineering, mathematics, and computer science workforce in the United States;

(5) assess and make recommendations to improve regional innovation across the United States;

(6) assess and identify the infrastructure and tools needed to maintain the leadership of the United States in science and technology; and

(7) review administrative or legislative policies that affect the science and technology enterprise and identify and make recommendations on policies that hinder research and development in the United States.

(d) Matters Covered and Considerations.--

(1) In general.--Subject to paragraph (2), each quadrennial innovation and technology review shall cover such matters as the Director considers appropriate pursuant to an internal process that the Director shall establish to assess the timeliest activities and needs of the Federal Government, as well as with consideration given to the following:

(A) Technology development and deployment, including matters relating to the following:

(i) The Federal budget and the global competitiveness of the United States.

(ii) High-level emerging computing and machine learning technologies, such as artificial intelligence.

(iii) Quantum computing and high performance computing, semiconductors, and advanced computer hardware.

(iv) Essential public, private, private, and consumer technologies such as access to high-quality broadband in the United States, including progress in the development of advanced wireless communication, the internet of things, and intelligent transportation solutions, which all can contribute to smarter communities, including in rural, urban, suburban, and Tribal areas.

(v) Physical sciences, such as the development of clean energy technologies and environmental solutions, biomedical and biotechnology innovation, and robotic technology.

(vi) Such other matters as the Director considers appropriate for the review.

(B) Innovation and technology safeguards, including matters relating to the following:

(i) Algorithmic and biometric bias.

(ii) Cybersecurity.

(iii) Data privacy.

(iv) The effects of United States technology exports on the following:

(I) International human rights law violations.

(II) Aid to illiberal and authoritarian regimes.

(III) The environment and ecological health.

(IV) Such other United States policy goals that the Director considers relevant.

(v) Market competitiveness of national and international technology companies, factoring in United States startups and small business concerns.

(vi) The role of the United States in international standards-setting processes concerning issues of functionality, operability, safety, and human rights.

(i) Assessment of current Federal, State, or local policies relating to expanding and retaining the United States technological and industrial-base, including the necessary domestic workforce, which may include the following:

(I) Manufacturing and other industrial subsidies.

(II) Related tax benefits.

(III) Investments in education and training for related industries.

(IV) Use of government procurement policies to encourage domestic production.

(V) Government-mandated production, including under the Defense Production Act (50 U.S.C. 4501 et seq.).

(VI) Trade agreements that advantage or make domestic manufacturing globally competitive.

(VII) Export controls.

(VIII) Supply chain policies.

(ii) The ability of the United States to attract top research and development talent from an international pool and how that confers upon the United States a significant advantage.

(2) Modifications.--In carrying out a quadrennial innovation and technology review, the Director may add or remove key technology focus areas covered by the review as the Director considers appropriate if the Director determines that competitive threats to the United States have shifted.

(e) Cooperation on Collection of Data and Information.--In carrying out each quadrennial innovation and technology review, the Director shall coordinate with such Federal agencies as the Director requires to collect data and information--

(1) to recommend coordinated administrative actions across Federal agencies;

(2) to identify the resources needed for the safe invention, adoption, and integration of technologies;

(3) to provide a strong analytical base for Federal policy decisions;

(4) to consider reasonable estimates of future Federal budgetary resources when making recommendations; and

(5) to provide Congress with such recommendations for action.

(f) Leveraging Existing Work Product.--In carrying out each quadrennial innovation and technology review, the Director shall make an effort to use or expand upon reports and assessments produced or being developed by the various elements of the Federal Government, in accordance with all applicable provisions of law.

(g) Reporting.--

(1) In general.--Not later than December 31 of the year in which a quadrennial innovation and technology review is conducted, the Director shall submit to Congress a report on the review.

(2) Publication.--The Director shall, consistent with the protection of national security and other sensitive matters to the maximum extent possible, make each report submitted under paragraph (1) publicly available on an internet website of the Office of Science and Technology Policy.

(h) Periodic Reports.--

(1) In general.--Not later than 30 days after completion of a quadrennial innovation and technology review, the Director shall submit to the appropriate committees of Congress a comprehensive report on the review.

(2) Contents.--Each report submitted under paragraph (1) shall include the following:

(A) The assessments of the Director for improvements to the quadrennial innovation and technology review, including recommendations for additional matters to be covered in the review.

(B) Such other matters as the Director considers appropriate.

(3) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(i) Interim Assessment.--Not later than 30 months after the date of the submittal of the first report under subsection

(h)(1), the Director shall submit to the appropriate committees of Congress an assessment of the most recently completed quadrennial innovation and technology review, including--

(1) an assessment of the implementation by the Office of Science and Technology Policy of the strategic framework developed under subsection (b)(3) as part of such review; and

(2) an assessment whether such strategic framework requires revision as a result of changes in assumptions, policy, or other factors.

______

SA 1757. Ms. CORTEZ MASTO (for herself and Mr. Portman) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ESTABLISHMENT OF EMERGING TECHNOLOGY STANDARDS-

SETTING TASK FORCE.

(a) Establishment.--

(1) In general.--The Director of the Office of Science and Technology Policy shall establish a task force on setting emerging technology standards.

(2) Designation.--The task force established under paragraph (1) shall be known as the ``Emerging Technology Standards-Setting Task Force'' (in this section referred to as the ``Task Force'').

(b) Membership.--

(1) Composition.--The Task Force shall be composed of members as follows:

(A) The Director.

(B) At least two individuals selected by the Secretary of Commerce, one whom--

(i) at least one shall be selected by the Secretary to represent the Department of Commerce generally; and

(ii) at least one shall be selected by the Secretary to represent the National Institute of Standards and Technology.

(D) At least one individual selected by the Secretary of Defense to represent the Department of Defense.

(E) At least one individual selected by the Secretary of Energy to represent the Department of Energy.

(F) At least one individual selected by the Secretary of Labor to represent the Department of Labor.

(G) At least one individual selected by the Secretary of Transportation to represent the Department of Transportation.

(H) At least one individual selected by the Attorney General to represent the Department of Justice.

(I) At least one individual selected by the Secretary of the Treasury to represent the Department of the Treasury.

(2) Chairperson.--The Chairperson of the Task Force shall be the Director.

(1) Strategic plan.--Not later than one year after the date of the enactment of this Act, the Task Force shall develop a long-term strategic plan for the United States to lead emerging technology standards-setting processes.

(2) Additional duties.--In carrying out paragraph (1), the Task Force shall--

(A) assess which technology standards (such as fifth and sixth generation wireless networking technology and artificial intelligence) have the greatest effect on national security and economic competitiveness;

(B) describe and analyze the ways in which standards setting processes can be misused by governments for protectionist ends and human rights abuses;

(D) develop a list of allies and partners with which to align with respect to the strategy to be established and executed under subparagraph (B).

(d) Engagement.--In carrying out the duties of the Task Force, the Task Force shall engage with academia and the private sector.

(e) Staff.--The Chairperson of the Task Force may appoint or delegate an executive director and such other additional personnel as may be necessary to enable the Task Force to perform its duties.

______

SA 1758. Mrs. SHAHEEN (for herself and Mr. Moran) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike subsection (b) of section 2627 and insert the following:

(b) In General.--Subchapter III of chapter 201 of title 51, United States Code, as amended by section 2627, is further amended by adding at the end the following:

``Sec. 20152 Payments received for commercial space-enable production

``(a) Annual Review.--

``(1) In general.--Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall review the profitability of any partnership with a private entity under a contract in which the Administrator--

``(A) permits the use of the ISS by such private entities to produce a commercial product or service; and

``(B) provides the total unreimbursed cost of a contribution by the Federal Government for the use of Federal facilities, equipment, materials, proprietary information of the Federal Government, or services of a Federal employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs (1) and (4) of section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)).

``(2) Negotiation of reimbursements.--Subject to the review described in paragraph (1), the Administrator shall seek to enter into an agreement to negotiate reimbursements for payments received, or portions of profits created, by any mature, profitable private entity described in that paragraph, as appropriate, through a tiered process that reflects the profitability of the relevant product or service.

``(3) Use of funds.--Amounts received by the Administrator in accordance with an agreement under paragraph (2) shall be used by the Administrator in the following order of priority:

``(A) To defray the operating cost of the ISS.

``(B) To develop, implement, or operate future low-Earth orbit platforms or capabilities.

``(C) To develop, implement, or operate future human deep space platforms or capabilities.

``(D) Any other costs the Administrator considers appropriate.

``(4) Report.--On completion of the first annual review under paragraph (1), and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report that includes a description of the results of the annual review, any agreement entered into under this section, and the amounts recouped or obtained under any such agreement.

``(b) Licensing and Assignment of Inventions.--Notwithstanding sections 3710a and 3710c of title 15 and any other provision of law, after payment in accordance with subsection (A)(i) of such section 3710c(a)(1)(A)(i) to the inventors who have directly assigned to the Federal Government their interests in an invention under a written contract with the Administration or the ISS management entity for the performance of a designated activity, the balance of any royalty or other payment received by the Administrator or the ISS management entity from licensing and assignment of such invention shall be paid by the Administrator or the ISS management entity, as applicable, to the Space Exploration Fund.

``(c) Space Exploration Fund.--

``(1) Establishment.--There is established in the Treasury of the United States a fund, to be known as the `Space Exploration Fund' (referred to in this subsection as the

`Fund'), to be administered by the Administrator.

``(2) Use of fund.--The Fund shall be available to carry out activities described in subsection (a)(3).

``(3) Deposits.--There shall be deposited in the Fund--

``(A) amounts appropriated to the Fund;

``(B) fees collected by the Administrator under subsection

(a);

``(C) royalties and other payments collected by the Administrator or the ISS management entity under subsection

(b); and

``(D) donations or contributions designated to support authorized activities.

``(4) Rule of construction.--Amounts available to the Administrator under this subsection shall be--

``(A) in addition to amounts otherwise made available for the purpose described in paragraph (2); and

``(B) available for a period of 5 years.

``(5) Limitation on collection and availability.--Fees under paragraph (3)(B) and donations and contributions under paragraph 3(D) shall be collected and available pursuant to this subsection only to the extent and in such amounts as provided in advance in appropriations Acts.

``(d) Definitions.--

``(1) In general.--In this section, any term used in this section that is also used in section 20150 shall have the meaning given the term in that section.

``(2) Appropriate committees of congress.--The term

`appropriate committees of Congress' means--

``(A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

``(B) the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.''.

______

SA 1759. Mrs. MURRAY (for herself, Mr. Manchin, and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE IV--TOXIC EXPOSURE SAFETY ACT OF 2021

SECTION 6401. SHORT TITLE.

This title may be cited as the ``Toxic Exposure Safety Act of 2021''.

SEC. 6402. ESTABLISHING A TOXIC SPECIAL EXPOSURE COHORT.

(a) Expansion of Covered Employees and Definition of Covered Illnesses Under Subtitle E.--Section 3671 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s) is amended--

(1) in paragraph (1)--

(A) by striking ``employee determined under'' and inserting the following: ``employee determined--

``(A) under'';

(B) by striking the period at the end and inserting ``; or''; and

``(B) to have contracted a covered illness and be a member of the Toxic Special Exposure Cohort established under section 3671A.''; and

(2) by striking paragraph (2) and inserting the following:

``(2) The term `covered illness' means an occupational illness or death resulting from exposure to a toxic substance, including--

``(A) all forms of cancer;

``(B) malignant mesothelioma;

``(C) pneumoconiosis, including silicosis, asbestosis, and other pneumoconiosis, and other asbestos-related diseases, including asbestos-related pleural disease;

``(D) any illness identified in a health studies report under section 6405(f)(4) of the Toxic Exposure Safety Act of 2021 or a report under section 3615(f)(2)(D); and

``(E) any additional illness that the Secretary of Health and Human Services designates by regulation, as such Secretary determines appropriate based on--

``(i) the results of the report under section 3671A(c); and

``(ii) the determinations made by such Secretary in establishing a Toxic Special Exposure Cohort under section 3671A.''.

(b) Designation of Toxic Special Exposure Cohort.--Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended by inserting after section 3671 the following:

``SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EXPOSURE

COHORT.

``(a) Certain Designations.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention--

``(1) shall establish a Toxic Special Exposure Cohort; and

``(2) as the Secretary determines appropriate in accordance with the rules promulgated under subsection (b), may designate classes of Department of Energy employees, Department of Energy contractor employees, or atomic weapons employees as members of the Toxic Special Exposure Cohort.

``(b) Promulgation of Rules.--Not later than 1 year after the date of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of Health and Human Services shall promulgate rules--

``(1) establishing a process to determine whether there are classes of Department of Energy employees, Department of Energy contractor employees, or other classes of employees employed at any Department of Energy facility--

``(A) who were at least as likely as not exposed to toxic substances at a Department of Energy facility; and

``(B) for whom the Secretary of Health and Human Services has determined, after taking into consideration the recommendations of the Advisory Board on Toxic Substances and Worker Health on the matter, that it is not feasible to estimate with sufficient accuracy the frequency, intensity, and duration of exposure they received; and

``(2) regarding how the Secretary of Health and Human Services will designate employees, or classes of employees, described in paragraph (1) as members of the Toxic Special Exposure Cohort established under subsection (a)(1), which shall include a requirement that the Secretary shall make initial determinations regarding such designations.

``(c) Report to Congress.--

``(1) In general.--Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of Health and Human Services shall submit to the relevant committees of Congress a report that identifies each of the following:

``(A) A list of cancers and other illnesses associated with toxic substances that pose, or posed, a hazard in the work environment at any Department of Energy facility.

``(B) The minimum duration of work required to qualify for the Toxic Special Exposure Cohort established under subsection (a)(1).

``(C) The class of employees that are designated as members in the Toxic Special Exposure Cohort.

``(2) Relevant committees of congress defined.--In this subsection, the term `relevant committees of Congress' means--

``(A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate; and

``(B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and the Committee on Education and Labor of the House of Representatives.''.

(c) Allowing Subtitle B Claims for Eligible Employees Who Are Members of the Toxic Special Exposure Cohort.--Section 3621(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(1)) is amended by adding at the end the following:

``(D) A Department of Energy employee or atomic weapons employee who--

``(i) has contracted a covered illness (as defined in section 3671); and

``(ii) satisfies the requirements established by the Secretary of Health and Human Services for the Toxic Special Exposure Cohort under section 3671A.''.

(d) Clarification of Toxic Substance Exposure for Covered Illnesses.--Section 3675(c)(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-4(c)(1)) is amended by inserting ``(including chemicals or combinations or mixtures of a toxic substance, including heavy metals, and radiation)'' after ``toxic substance'' each place such term appears.

SEC. 6403. PROVIDING INFORMATION REGARDING DEPARTMENT OF

ENERGY FACILITIES.

Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended by inserting after section 3681 the following:

``SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPOSURE

MATRICES.

``(a) Definition.--In this section, the term `site exposure matrices' means an exposure assessment of a Department of Energy facility that identifies the toxic substances or processes that were used in each building or process of the facility, including the trade name (if any) of the substance.

``(b) In General.--Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of Labor shall, in coordination with the Secretary of Energy, create or update site exposure matrices for each Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy.

``(c) Periodic Update.--Beginning 90 days after the initial creation or update described in subsection (b), and each 90 days thereafter, the Secretary shall update the site exposure matrices with all information available as of such time from the Secretary of Energy.

``(d) Information.--The Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of the site exposure matrices under this section, including records from the Department of Energy former worker medical screening program.

``(e) Public Availability.--The Secretary of Labor shall make available to the public, on the primary website of the Department of Labor--

``(1) the site exposure matrices, as periodically updated under subsections (b) and (c);

``(2) each site profile prepared under section 3633(a);

``(3) any other database used by the Secretary of Labor to evaluate claims for compensation under this title; and

``(4) statistical data, in the aggregate and disaggregated by each Department of Energy facility, regarding--

``(A) the number of claims filed under this subtitle and the number of claims filed by members of the Toxic Special Exposure Cohort who are covered under subtitle B;

``(B) the types of illnesses claimed;

``(C) the number of claims filed for each type of illness and, for each claim, whether the claim was approved or denied;

``(D) the number of claimants receiving compensation; and

``(E) the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim.

``(f) Funding.--There is authorized and hereby appropriated to the Secretary of Energy, for fiscal year 2021 and each succeeding year, such sums as may be necessary to support the Secretary of Labor in creating or updating the site exposure matrices.''.

SEC. 6404. ASSISTING CURRENT AND FORMER EMPLOYEES UNDER THE

EEOICPA.

(a) Providing Information and Outreach.--Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.) is amended--

(1) by redesignating section 3614 as section 3616; and

(2) by inserting after section 3613 the following:

``SEC. 3614. INFORMATION AND OUTREACH.

``(a) Establishment of Toll-free Information Phone Number.--By not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding--

``(1) the compensation program under subtitle B or E;

``(2) information regarding the process of submitting a claim under either compensation program;

``(3) assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E;

``(4) the next steps to take if a claim under subtitle B or E is accepted or denied; and

``(5) such other information as the Secretary determines necessary to further the purposes of this title.

``(b) Establishment of Resource and Advocacy Centers.--

``(1) In general.--By not later than January 1, 2023, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to--

``(A) receive information regarding all related programs available to them relating to potential claims under this title, including--

``(i) programs under subtitles B and E; and

``(ii) the former worker medical screening program of the Department of Energy; and

``(B) navigate all such related programs.

``(2) Coordination.--The Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate.

``(c) Information.--The Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection (b) and other means, information

(which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs.

``(d) Copy of Employee's Claims Records.--

``(1) In general.--The Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee's claim under subtitle B or E.

``(2) Choice of format.--The Secretary of Labor shall provide the copy of records described in paragraph (1) to an employee in electronic or paper form, as selected by the employee.

``(e) Contact of Employees by Industrial Hygienists.--The Secretary of Labor shall allow industrial hygienists to contact and interview current or former employees or Department of Energy contractor employees regarding the employee's claim under subtitle B or E.''.

(b) Extending Appeal Period.--Section 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-6(a)) is amended by striking ``60 days'' and inserting ``180 days''.

(c) Funding.--Section 3684 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-13) is amended--

(1) by striking ``There is authorized'' and inserting the following:

``(a) In General.--There is authorized'';

(2) by inserting before the period at the end the following: ``, including the amounts necessary to carry out the requirements of section 3681A''; and

(3) by adding at the end the following:

``(b) Administrative Costs for Department of Energy.--There is authorized and hereby appropriated to the Secretary of Energy for fiscal year 2021 and each succeeding year such sums as may be necessary to support the Secretary in carrying out the requirements of this title, including section 3681A.''.

(d) Advisory Board on Toxic Substances and Worker Health.--Section 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-16) is amended--

(1) in subsection (b)--

(A) in paragraph (1)(F), by striking ``and'' after the semicolon;

(B) in paragraph (2), by striking the period at the end and inserting a semicolon; and

``(3) develop recommendations for the Secretary of Health and Human Services regarding--

``(A) whether there is a class of Department of Energy employees, Department of Energy contractor employees, or other employees at any Department of Energy facility who were at least as likely as not exposed to toxic substances at that facility but for whom it is not feasible to estimate with sufficient accuracy the dose they received; and

``(B) the conditions or requirements that should be met in order for an individual to be designated as a member of the Special Exposure Cohort under section 3671A; and

``(4) review all existing, as of the date of the review, rules and guidelines issued by the Secretary regarding presumption of causation and provide the Secretary with recommendations for new rules and guidelines regarding presumption of causation.'';

(2) in subsection (c)(3), by inserting ``or the Board'' after ``The Secretary'';

(3) by redesignating subsections (h) and (i) as subsections

(i) and (j), respectively; and

(4) by inserting after subsection (g) the following:

``(h) Required Responses to Board Recommendations.--Not later than 90 days after the date on which the Secretary of Labor and the Secretary of Health and Human Services receives recommendations in accordance with paragraph (1), (3), or (4) of subsection (b), such Secretary shall submit formal responses to each recommendation to the Board and Congress.''.

SEC. 6405. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF

TOXIC EXPOSURES.

(a) Definitions.--In this section--

(1) the term ``Department of Energy facility'' has the meaning given the term in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l);

(2) the term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

(3) the term ``Secretary'' means the Secretary of Health and Human Services.

(b) Establishment.--The Secretary, acting through the Director of the National Institute of Environmental Health Sciences and in collaboration with the Director of the Centers for Disease Control and Prevention, shall conduct or support research on the epidemiological impacts of exposures to toxic substances at Department of Energy facilities.

(c) Use of Funds.--Research under subsection (b) may include research on the epidemiological, clinical, or health impacts on individuals who were exposed to toxic substances in or near the tank or other storage farms and other relevant Department of Energy facilities through their work at such sites.

(d) Eligibility and Application.--Any institution of higher education or the National Academy of Sciences may apply for funding under this section by submitting to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require.

(e) Research Coordination.--The Secretary shall coordinate activities under this section with similar activities conducted by the Department of Health and Human Services to the extent that other agencies have responsibilities that are related to the study of epidemiological, clinical, or health impacts of exposures to toxic substances.

(f) Health Studies Report to Secretary.--Not later than 1 year after the end of the funding period for research under this section, the funding recipient shall prepare and submit to the Secretary a final report that--

(1) summarizes the findings of the research;

(2) includes recommendations for any additional studies;

(3) describes any classes of employees that, based on the results of the study and in accordance with the rules promulgated by the Secretary under section 3671A(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this title), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and

(4) describes any illnesses to be included as covered illnesses under section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s(2)(D)).

(g) Report to Congress.--

(1) In general.--Not later than 120 days after the date on which the reports under subsection (f) are due, the Secretary shall--

(A) designate all classes of employees described in the report under subsection (f)(3) as members of the Toxic Special Exposure Cohort under section 3671A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this title);

(B) prepare and submit to the relevant committees of Congress a report--

(i) summarizing the findings from the reports required under subsection (f);

(ii) identifying the classes of employees designated under subparagraph (A);

(iii) identifying any new illnesses that, as a result of the study, will be included as covered illnesses, pursuant to subsection (f)(4) and section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s(2)(D)); and

(iv) including the Secretary's recommendations for additional health studies relating to toxic substances, if the Secretary determines it necessary.

(2) Relevant committees of congress defined.--In this subsection, the term ``relevant committees of Congress'' means--

(A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and Committee on Health, Education, Labor, and Pensions of the Senate; and

(B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and Committee on Education and Labor of the House of Representatives.

(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2026.

SEC. 6406. SUPERCOMPUTING FOR SAFER CHEMICALS (SUPERSAFE)

CONSORTIUM.

(a) Consortium Established.--

(1) Ln general.--The Secretary of Energy (referred to in this section as the ``Secretary''), in collaboration with the Secretary of Labor, the Secretary of Health and Human Services, the Director of the National Toxicology Program, and the heads of any other relevant Federal agencies, shall form a consortium, to be known as the ``Supercomputing for Safer Chemicals (SUPERSAFE) Consortium'' (referred to in this section as the ``Consortium'').

(2) Inclusion of state agencies.--The Secretary of Energy shall allow heads of relevant State agencies to join the Consortium if the State agencies so request.

(b) Consortium Activities.--

(1) In general.--The Consortium, working through the National Laboratories and public research institutions, shall use supercomputing and other similar capabilities--

(A) to establish rapid approaches for large-scale identification of toxic substances and the development of safer alternatives to those toxic substances by developing and validating computational toxicology methods based on unique high-performance computing, artificial intelligence/machine learning, and precision measurements;

(B) to transition to a more circular economy and cleaner energy by expanding knowledge to shift the market for toxic substances and products toward safe-by-design alternatives; and

(i) environmental toxic substance exposures in disadvantaged communities;

(ii) greater toxic substances use in products targeted towards those communities; and

(iii) exposure to toxic substances at Department of Energy facilities.

(2) Models.--In carrying out paragraph (1), the Consortium shall use supercomputers to develop, validate, and run models to predict adverse health effects caused by toxic substances.

(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section--

(1) for fiscal year 2022, $20,000,000;

(2) for fiscal year 2023, $30,000,000; and

(3) for each of fiscal years 2024 through 2026,

$35,000,000.

SEC. 6407. NATIONAL ACADEMY OF SCIENCES REVIEW.

Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.), as amended by section 6404, is further amended by inserting after section 3614 the following:

``SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW.

``(a) Purpose.--The purpose of this section is to enable the National Academy of Sciences, a non-Federal entity with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances found at Department of Energy cleanup sites.

``(b) Definitions.--In this section:

``(1) Department of energy cleanup site.--The term

`Department of Energy cleanup site' means a Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy.

``(2) Health studies report.--The term `health studies report' means the report submitted under section 6405(f) of the Toxic Exposure Safety Act of 2021.

``(c) Agreement.--Not later than 60 days after the issuance of the health studies report, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to carry out the requirements of this section.

``(d) Review of Scientific and Medical Evidence.--

``(1) In general.--Under the agreement described in subsection (c), the National Academy of Sciences shall, for the period of the agreement--

``(A) for each area recommended for additional study under the health studies report under section 6405(f)(2) of the Toxic Exposure Safety Act of 2021, review and summarize the scientific evidence relating to the area, including--

``(i) studies by the Department of Energy and Department of Labor; and

``(ii) any other available and relevant scientific studies, to the extent that such studies are relevant to the occupational exposures that have occurred at Department of Energy cleanup sites; and

``(B) review and summarize the scientific and medical evidence concerning the association between exposure to toxic substances found at Department of Energy cleanup sites and resultant diseases.

``(2) Scientific determinations concerning diseases.--In conducting each review of scientific evidence under subparagraphs (A) and (B) of paragraph (1), the National Academy of Sciences shall--

``(A) assess the strength of such evidence;

``(B) assess whether a statistical association between exposure to a toxic substance and a disease exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect an association;

``(C) assess the increased risk of disease among those exposed to the toxic substance during service during the production and cleanup eras of the Department of Energy cleanup sites;

``(D) survey the impact to health of the toxic substance, focusing on hematologic, renal, urologic, hepatic, gastrointestinal, neurologic, dermatologic, respiratory, endocrine, ocular, ear, nasal, and oropharyngeal diseases, including dementia, leukemia, chemical sensitivities, and chronic obstructive pulmonary disease; and

``(E) determine whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the toxic substance and disease.

``(e) Additional Scientific Studies.--If the National Academy of Sciences determines, in the course of conducting the studies under subsection (d), that additional studies are needed to resolve areas of continuing scientific uncertainty relating to toxic exposure at Department of Energy cleanup sites, the National Academy of Sciences shall include, in the next report submitted under subsection (f), recommendations for areas of additional study, consisting of--

``(1) a list of diseases and toxins that require further evaluation and study;

``(2) a review the current information available, as of the date of the report, relating to such diseases and toxins;

``(3) the value of the information that would result from the additional studies; and

``(4) the cost and feasibility of carrying out additional studies.

``(f) Reports.--

``(1) In general.--By not later than 18 months after the date of the agreement under subsection (c), and every 2 years thereafter, the National Academy of Sciences shall prepare and submit a report to--

``(A) the Secretary;

``(B) the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate; and

``(C) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives.

``(2) Contents.--Each report submitted under paragraph (1) shall include, for the 18-month or 2-year period covered by the report--

``(A) a description of--

``(i) the reviews and studies conducted under this section;

``(ii) the determinations and conclusions of the National Academy of Sciences with respect to such reviews and studies; and

``(iii) the scientific evidence and reasoning that led to such conclusions;

``(B) the recommendations for further areas of study made under subsection (e) for the reporting period;

``(C) a description of any classes of employees that, based on the results of the reviews and studies and in accordance with the rules promulgated by the Secretary under section 3671A(b), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and

``(D) the identification of any illness that the National Academy of Sciences has determined, as a result of the reviews and studies, should be a covered illness under section 3671(2)(D).

``(g) Limitation on Authority.--The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available.

``(h) Sunset.--This section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under subsection (f).''.

SEC. 6408. CONFORMING AMENDMENTS.

The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) is amended--

(1) in the table of contents--

(A) by redesignating the item relating to section 3614 as the item relating to section 3616;

(B) by inserting after the item relating to section 3613 the following:

``Sec. 3614. Information and outreach.

``Sec. 3615. National Academy of Sciences review.'';

``Sec. 3671A. Establishment of the Toxic Special Exposure Cohort.'';and

(D) by inserting after the item relating to section 3681 the following:

``Sec. 3681A. Completion and updates of site exposure matrices.'';and

(2) in each of subsections (b)(1) and (c) of section 3612, by striking ``3614(b)'' and inserting ``3616(b)''.

______

SA 1760. Ms. CORTEZ MASTO (for herself, Mr. Young, and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

TITLE VII--SMALL BUSINESS INNOVATION VOUCHERS

SEC. 2701. SHORT TITLE.

This title may be cited as the ``Small Business Innovation Voucher Act of 2021''.

SEC. 2702. DEFINITIONS.

In this title:

(1) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology.

(2) Program.--The term ``Program'' means the Innovation Voucher Grant Program established under section 2703(a).

(3) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

(4) Small business.--The term ``small business'' means a business with 50 or fewer employees.

(5) Small business in an underserved market.--The term

``small business in an underserved market'' means a small business concern owned and controlled by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C))) that is a small business (as defined in this section).

SEC. 2703. INNOVATION VOUCHER GRANT PROGRAM.

(a) Establishment.--

(1) In general.--Not later than 180 days after the date of the enactment of this division, the Secretary shall, acting through the Director, establish a program under which the Secretary shall, on a competitive basis and in accordance with subsection (g), award to eligible entities grants or financial assistance in another form for the provision of technical assistance to small businesses to assist the small businesses in carrying out projects that advance research, development, or commercialization of new or innovative products and services.

(2) Purposes of program.--The purposes of the Program are--

(A) to foster collaboration between small businesses and research institutions or other similar organizations;

(B) to facilitate access by small businesses to capital-intensive infrastructure and advanced research capabilities;

(C) to enable small businesses to access technical expertise and capabilities that will lead to the development of innovative products;

(D) to promote business dynamism and competition;

(E) to stimulate United States leadership in advanced research, innovation, and technology;

(F) to accelerate the development of an advanced workforce; and

(G) to preserve and create new jobs.

(3) Designation.--The program established under paragraph

(1) shall be known as the ``Innovation Voucher Grant Program''.

(b) Eligible Entities.--

(1) In general.--For purposes of the Program, an eligible entity is an entity that the Director determines--

(A) is--

(i) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or

(ii) a nonprofit research lab, institution, or other similar organization in the United States associated with educational or research activities, including a federally funded research and development center; and

(B) according to terms that the Director considers appropriate, is a suitable provider of knowledge for purposes of the program.

(2) Geographic diversity.--In determining whether entities are suitable providers of knowledge under paragraph (1)(B), the Director shall seek to establish geographic diversity among eligible entities.

(1) In general.--An eligible entity seeking a grant or other financial assistance under the Program to assist the eligible entity in providing technical assistance to small businesses shall, in conjunction with one or more small businesses, submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require.

(2) Deadline.--The Secretary shall establish a deadline for the submittal of applications under paragraph (1).

(3) Selection.--Not later than 180 days after the deadline established under paragraph (2), the Secretary shall select the recipients of the grants or other financial assistance under the Program.

(d) Evaluation.--In evaluating an application for a grant or other financial assistance under the Program, the Secretary shall take into consideration--

(1) the likelihood that the amounts of the grant or financial assistance will be used to create or advance a novel product or service;

(2) the technical feasibility of creating or advancing a novel product or service proposed to be created or advanced using technical assistance provided with assistance under the Program; and

(3) whether creating or advancing a product or service proposed to be created or advanced using technical assistance supported by a grant under the Program could be accomplished without a grant awarded under the Program.

(e) Amount.--A grant or other financial assistance awarded under the Program shall be awarded in an amount of not less than $20,000 and not more than $75,000, which shall remain available to the recipient of the grant until expended.

(f) Amounts for Small Businesses.--

(1) In general.--Except to the extent that the Secretary determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through eligible entities providing technical assistance to--

(A) small businesses in underserved markets; or

(B) small businesses in regions or States that have historically been underserved by Federal research and development funds.

(2) Remaining amount.--Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be--

(A) except as provided in subparagraph (B), available in the following fiscal year to make grants to eligible entities described in paragraph (1); and

(B) on and after October 1, 2024, available to award grants to all eligible entities under the Program.

(g) Federal Share.--

(1) In general.--The Secretary may not award a grant to an eligible entity under the Program to provide technical assistance to a small business unless the eligible entity agrees that, with respect to the costs to be incurred by the eligible entity in providing such technical assistance, the eligible entity will make available non-Federal contributions in an amount equal to--

(A) in the case of an award in an amount that is less than

$50,000, not less than 25 percent of the amount of the award; and

(B) in the case of an award in an amount that is equal to or greater than $50,000, not less than 50 percent of the amount of the award.

(2) Sources of non-federal contributions.--Non-Federal contributions under paragraph (1) may be derived from non-Federal contributions provided by the eligible entity, the small business, or from such State and local government sources as the Secretary considers appropriate.

(h) Reports.--

(1) Reports from grant recipients.--Not later than 180 days after the date on which a project carried out with technical assistance provided with support from a grant or other financial assistance awarded under the Program is completed, the recipient of the grant or other financial assistance shall submit to the Secretary a report on the project, including--

(A) whether and how the project met the original expectations for the project;

(B) how the results of the project were incorporated in the business of the small business; and

(2) Report of the secretary.--Not later than 2 years after the date on which the Secretary establishes the Program, and every 2 years thereafter until the date on which the amounts appropriated for the Program are expended, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on grants and other financial assistance awarded under the Program, including--

(A) a description of the grants and financial assistance awarded;

(B) the estimated number of products or services created or advanced with technical assistance supported by a grant or other financial assistance awarded under the Program that could have been created or advanced without a grant or financial assistance awarded under the Program; and

(3) Final report of the secretary.--Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Secretary shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph.

SEC. 2704. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary to carry out the Program $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.

______

SA 1761. Mrs. SHAHEEN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PERMANENCY OF SBIR AND STTR PROGRAMS.

(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended--

(1) in the subsection heading, by striking ``Termination'' and inserting ``SBIR Program Authorization''; and

(2) by striking ``terminate on September 30, 2022'' and inserting ``be in effect for each fiscal year''.

(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ``through fiscal year 2022''.

______

SA 1762. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title II of division B, add the following:

SEC. 2219. STAFF TO ENSURE GRANT COMPLIANCE.

Notwithstanding any other provision of law, the Director shall dedicate staff from the Foundation to ensure compliance with grants awarded by the Foundation to ensure foreign government talent recruitment programs do not misappropriate funding from the Foundation.

______

SA 1763. Mrs. BLACKBURN submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. NON-FEDERAL WITNESS DISCLOSURE OF GRANTS, PAYMENTS,

AND CONTRACT AWARDS FROM FOREIGN GOVERNMENTS.

(a) Definitions.--In this section--

(1) the term ``covered period'' means the period--

(A) beginning on January 1 of the year that is 2 years before the year during which a non-Federal witness appears as a witness; and

(B) ending on the date on which the proposed testimony of the non-Federal witness is submitted;

(2) the term ``foreign government award'' means a grant, payment, or contract award, or a promise thereof, from a foreign government; and

(3) the term ``non-Federal witness'' means an individual appearing as witness at a hearing of a committee of the Senate, or a subcommittee thereof, on behalf of any person or entity other than the Federal Government.

(b) Written Disclosure.--The written statement of the proposed testimony of a non-Federal witness should, to the maximum extent practicable, disclose--

(1) any foreign government award relating to the subject matter of the hearing that was received or earned during the covered period by the non-Federal witness or the person or entity on behalf of which the non-Federal witness is appearing;

(2) whether the non-Federal witness or the person or entity on behalf of which the non-Federal witness is appearing is negotiating or awaiting approval to receive a foreign government award; and

(3) whether the non-Federal witness is registered as an agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.).

(c) Contents.--A disclosure by a non-Federal witness under subsection (b) should include, for each foreign government award, the amount of and identity of the foreign government making the foreign government award.

(d) Availability.--A written statement of the proposed testimony of a non-Federal witness, with appropriate redactions to protect the privacy or security of the non-Federal witness, shall be made publicly available in electronic form not later than 1 day after the witness appears at the applicable hearing.

______

SA 1764. Mrs. BLACKBURN submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. DEPARTMENT OF DEFENSE DATA STRATEGY.

(a) Strategy and Briefing Required.--Not later than January 31, 2022, the Chief Information Officer of the Department of Defense shall, in consultation with the Director of the Defense Information Systems Agency--

(1) develop a strategy that includes the elements set forth under subsection (b); and

(2) brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the strategy developed under paragraph

(1).

(b) Elements.--The strategy required by subsection (a) shall include the following:

(1) A plan for incorporating standards laid out by the 2020 Department of Defense Data Strategy in policies governing personnel and acquisition of goods and services.

(2) A plan for how the Department will incorporate technology solutions necessary to ensure data security is independent from network security, including technology that allows for attribution and location based controls.

(3) A detailed set of criteria for determining authorized users of data and how technological solutions could enhance policies focused on data protection that is tailored to authorized users.

(4) A description of how security and data classification standards could be harmonized across elements of the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to ensure more seamless information sharing, that includes an analysis of network or data security solutions that could help automate that process and implement classification policies and procedures.

______

SA 1765. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title III of division F, insert the following:

SEC. 63__. STUDY ON NATIONAL LABORATORY CONSORTIUM FOR

ANALYSIS OF THE EFFECT OF SMALL MODULAR

REACTORS ON POWER GRID STABILITY AND

RESILIENCE.

(a) Definitions.--In this section:

(1) Department.--The term ``Department'' means the Department of Energy.

(2) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(3) Secretary.--The term ``Secretary'' means the Secretary of Energy.

(b) Study Required.--The Secretary, in coordination with the Secretary of Commerce and the Secretary of Homeland Security, shall conduct a study to analyze the feasibility of authorizing a consortium within the National Laboratory system to address the effects of advanced nuclear technology in the form of small modular reactors on the stability and resiliency of the United States power grid.

(1) An analysis of any additional authorities needed to establish a research and development program to leverage the expertise of the National Laboratories to accelerate the development and deployment of advanced tools and techniques to simulate the stability and resilience of the power grid to adverse natural and man-made threats.

(2) An evaluation of potential pilot programs involving research, innovation transfer, academic partnerships, and industry partnerships for power grid simulation research.

(3) The use of existing Department programs and projects, including--

(A) the North American Energy Resilience Model;

(B) the nuclear reactor computer models developed by the Department; and

(4) An assessment of, and cost estimates for, near-term actions necessary for the proposed consortium to launch expediently at a broad scale.

(d) Report.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Energy and Natural Resources and Homeland Security and Governmental Affairs of the Senate and the Committees on Energy and Commerce and Homeland Security of the House of Representatives a report on the results of the study conducted under subsection (b), which may include a classified annex, if necessary.

______

SA 1766. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

In title V of division B, at the end add the following:

SEC. 25__. ACTION TO PREVENT PARAMILITARY ACTORS FROM

PARTICIPATING IN INTERNATIONAL FISHERIES.

(a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretaries of Defense, Commerce, Treasury, and Homeland Security shall promulgate and implement regulations to--

(1) coordinate in identifying foreign fishing vessels that engage in paramilitary operations; and

(2) report such vessels to each international fisheries management organization in which the United States is a member for inclusion in each such organization's respective Illegal, Unreported and Unregulated fishing vessel list.

(b) Definition of Paramilitary Operations.--In this section, the term ``paramilitary operations''--

(1) means actions taken by the operator of a fishing vessel to attack or intimidate vessels operating in international waters, or the exclusive economic zone of a foreign country, by firing upon a vessel, ramming a vessel, intentionally maneuvering near another vessel in an unsafe manner with intent to frighten or intimidate, intentionally entering or remaining within the exclusive economic zone of a foreign country without the permission of the government of that country, or otherwise violating the United Nations Convention on the Law of the Sea while coordinating with the military of a foreign country in a military operation; and

(2) includes efforts to gather and report military intelligence on behalf of a foreign country.

______

SA 1767. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FEDERAL ACQUISITION AND CONTRACTING TRANSPARENCY.

(a) Requirement to Disclose Contracts and Ties With People's Republic of China Entities.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require that a contractor shall, as a condition for being awarded a contract for the procurement of goods or services, disclose covered information related to any contracts or other relevant commercial ties the contractor, first tier subcontractor, or any related entity has that are in effect at the time of contract award, or has had within the previous three years that are no longer in effect, with a covered entity. The contractor shall update such disclosure not later than 30 days after the contractor, first tier subcontractor, or any related entity enters into or renews a contract or other relevant commercial ties with a covered entity.

(b) Database of Federal Contractor Contracts With Chinese Entities.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall establish and maintain a public database containing the information about contracts with covered entities disclosed pursuant to subsection (a).

(1) Covered entity.--The term ``covered entity'' means--

(A) the Government of the People's Republic of China;

(B) the Chinese Communist Party (CCP);

(D) an entity owned, directed, controlled, financed, or influenced directly or indirectly by the Government of the People's Republic of China, the CCP, or the Chinese military, including any entity for which the Government of the People's Republic of China, the CCP, or the Chinese military has the ability, through ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide for an entity an important matter;

(E) a parent, subsidiary, or affiliate of an entity described in subparagraph (D); and

(F) an entity substantively involved in People's Republic of China economic and industrial policies or military-civil fusion, including by accepting funding, performing services, or receiving subsidies, or with responsibilities for overseeing economic development projects, including Made in China 2025 and the Belt and Road Initiative.

(2) Covered information.--The term ``covered information'' means--

(A) the name of the covered entity;

(B) the relationship of the covered entity to the Government of the People's Republic of China, the Chinese Communist Party, or the Chinese military;

(D) the date the contract was entered into; and

(E) the duration of the contract.

(3) Related entity.--The term ``related entity'' means, with respect to a contractor or first tier subcontractor, a parent, subsidiary, affiliate, or other entity controlled by the contractor or first tier subcontractor.

______

SA 1768. Ms. ROSEN (for herself, Ms. Collins, and Mr. Young) submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.

(a) Definitions.--In this section--

(1) the term ``cybersecurity research'' means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats;

(2) the term ``cybersecurity technology'' means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats;

(3) the term ``cybersecurity threat'' has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501);

(4) the term ``Department'' means the Department of Homeland Security;

(5) the term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801); and

(6) the term ``Secretary'' means the Secretary of Homeland Security.

(b) Grant Program.--

(1) Establishment.--The Secretary, in accordance with the agreement entitled the ``Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters'', dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph (2), shall establish a grant program at the Department to support--

(A) cybersecurity research and development; and

(B) demonstration and commercialization of cybersecurity technology.

(2) Requirements.--

(A) Applicability.--Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph.

(B) Research and development.--

(i) In general.--Except as provided in clause (ii), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described in subparagraph (A) to be provided by a non-Federal source.

(ii) Reduction.--The Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in clause (i) if the Secretary determines that the reduction or elimination is necessary and appropriate.

(C) Merit review.--In carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for the awards has been carried out by or for the Department.

(D) Review processes.--In carrying out a review under subparagraph (C), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 (6 U.S.C. 182(14)).

(3) Eligible applicants.--An applicant shall be eligible to receive a grant under this subsection if--

(A) the project of the applicant--

(i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and

(ii) is a joint venture between--

(I)(aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and

(bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or

(II)(aa) the Federal Government; and

(bb) the Government of Israel; and

(B) neither the applicant nor the project of the applicant pose a counterintelligence threat, as determined by the Director of National Intelligence.

(4) Applications.--To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for the grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5).

(5) Advisory board.--

(A) Establishment.--The Secretary shall establish an advisory board to--

(i) monitor the method by which grants are awarded under this subsection; and

(ii) provide to the Secretary periodic performance reviews of actions taken to carry out this subsection.

(B) Composition.--The advisory board established under subparagraph (A) shall be composed of 3 members, to be appointed by the Secretary, of whom--

(i) 1 shall be a representative of the Federal Government;

(ii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and

(iii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation.

(6) Contributed funds.--Notwithstanding any other provision of law--

(A) the Secretary may accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection; and

(B) the funds described in subparagraph (A) shall be available, subject to appropriation, without fiscal year limitation.

(7) Reports.--

(A) Grant recipients.--Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains--

(i) a description of how the grant funds were used by the recipient; and

(ii) an evaluation of the level of success of each project funded by the grant.

(B) Secretary.--Not later than 1 year after the date of enactment of this Act, and annually thereafter until the grant program established under this section terminates, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the grants awarded and projects completed under the program.

(8) Classification.--Grants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel.

$6,000,000 for each of fiscal years 2022 through 2026.

______

SA 1769. Mr. MENENDEZ (for himself and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title V of division B, add the following:

SEC. 2528. NATIONAL SUPPLY CHAIN DATABASE.

(a) Establishment of National Supply Chain Database.--The Director of the National Institute of Standards and Technology (referred to in this Act as the ``NIST'') shall establish a National Supply Chain Database that will assist the Nation in minimizing disruptions in the supply chain by having an assessment of United States manufacturers' capabilities.

(b) Connections With State Manufacturing Extension Partnerships.--

(1) In general.--The infrastructure for the National Supply Chain Database shall be created through the Hollings Manufacturing Extension Partnership (MEP) program of the National Institute of Standards and Technology by connecting the Hollings Manufacturing Extension Partnerships Centers through the National Supply Chain Database.

(2) National view.--The connection provided through the National Supply Chain Database shall provide a national view of the supply chain and enable the National Institute of Standards and Technology to understand whether there is a need for some manufacturers to retool in some key areas to meet the need of urgent products, such as defense supplies, food, and medical devices, including personal protective equipment.

(3) Individual state databases.--Each State's supply chain database maintained by the NIST- recognized Manufacturing Extension Partnership Center within the State shall be complementary in design to the National Supply Chain Database.

(c) Maintenance of National Supply Chain Database.--The Hollings Manufacturing Extension Partnership program or its designee shall maintain the National Supply Chain Database as an integration of the State level databases from each State's Manufacturing Extension Partnership Center and may be populated with information from past, current, or potential Center clients.

(d) Database Content.--

(1) In general.--The National Supply Chain Database may--

(A) provide basic company information;

(B) provide an overview of capabilities, accreditations, and products;

(D) include other items determined necessary by the Director of the NIST.

(2) Searchable database.--The National Supply Chain Database shall use the North American Industry Classification System (NAICS) Codes as follows:

(A) Sector 31-33--Manufacturing.

(B) Sector 54--Professional, Scientific, and Technical Services.

(3) Levels.--The National Supply Chain Database shall be multi-leveled as follows:

(A) Level 1 shall have basic company information and shall be available to the public.

(B) Level 2 shall have a deeper overview into capabilities, products, and accreditations and shall be available to all companies that contribute to the database and agree to terms of mutual disclosure.

(4) Exempt from public disclosure.--The National Supply Chain Database and any information related to it not publicly released by NIST shall be exempt from public disclosure under section 552 of title 5, United States Code, and access to non-public content shall be limited to the contributing company and Manufacturing Extension Partnership Center staff who sign an appropriate non-disclosure agreement.

(e) Rules of Construction.--

(1) Private entities.--Nothing in this section shall be construed to require any private entity to share data with the Director of the National Institute of Standards and Technology relating to the National Supply Chain Database.

(2) Prohibition on new regulatory authority.--Nothing in this section shall be construed to grant the Director of the National Institute of Standards and Technology, or the head of any other Federal agency, with any authority to promulgate regulations or set standards on manufacturers, based on data within the National Supply Chain Database, that was not in effect on the day before the date of enactment of this Act.

(f) Authorization of Appropriations.--There are authorized to be appropriated--

(1) $31,000,000 for fiscal year 2021 to develop and launch the National Supply Chain Database; and

(2) $26,000,000 for each of fiscal years 2022 through 2025 to maintain, update, and support Federal coordination of the State supply chain databases maintained by the State Manufacturing Extension Partnerships.

______

SA 1770. Mr. MANCHIN (for himself, Mrs. Capito, Ms. Cortez Masto, Mr. Grassley, Ms. Ernst, and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 188, strike lines 2 through 25 and insert the following:

(a) Critical Minerals Mining Research and Development.--

(1) In general.--In order to support supply chain resiliency, the Secretary of Energy, in coordination with the Director, shall issue awards, on a competitive basis, to National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), institutions of higher education, or nonprofit organizations (or consortia of such institutions or organizations, including consortia that collaborate with private industry) to support basic research that will accelerate innovation to advance critical minerals mining strategies and technologies for the purpose of making better use of domestic resources and eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.

(2) Use of funds.--Activities funded by an award under this section may include--

(A) advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction and production, to improve existing or to develop new supply chains of critical minerals, and to yield more efficient, economical, and environmentally benign mining practices;

(B) advancing critical mineral processing and geochemical

______

SA 1771. Mr. BRAUN (for himself, Mr. Daines, and Mr. Lankford) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON CERTAIN HUMAN-ANIMAL CHIMERAS.

(a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 51 the following:

``CHAPTER 52--CERTAIN TYPES OF HUMAN-ANIMAL CHIMERAS PROHIBITED

``Sec.

``1131. Definitions.

``1132. Prohibition on human-animal chimeras.

``Sec. 1131. Definitions

``In this chapter:

``(1) Human embryo.--The term `human embryo' means an organism of the species Homo sapiens during the earliest stages of development, from 1 cell up to 8 weeks after conception.

``(2) Prohibited human-animal chimera.--The term

`prohibited human-animal chimera' means--

``(A) a human embryo into which a nonhuman cell or cells

(or the component parts thereof) have been introduced to render the embryo's membership in the species Homo sapiens uncertain;

``(B) a human-animal embryo produced by fertilizing a human egg with nonhuman sperm;

``(C) a human-animal embryo produced by fertilizing a nonhuman egg with human sperm;

``(D) an embryo produced by introducing a nonhuman nucleus into a human egg;

``(E) an embryo produced by introducing a human nucleus into a nonhuman egg;

``(F) an embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form;

``(G) a nonhuman life form engineered such that human gametes develop within the body of a nonhuman life form;

``(H) a nonhuman life form engineered such that it contains a human brain or a brain derived wholly or predominantly from human neural tissues;

``(I) nonhuman life form engineered such that it exhibits human facial features or other bodily morphologies to resemble human features; or

``(J) an embryo produced by mixing human and nonhuman cells, such that--

``(i) human gametes develop within the body of the resultant organism;

``(ii) it contains a human brain or a brain derived wholly or predominantly from human neural tissues; or

``(iii) it exhibits human facial features or other bodily morphologies to resemble human features.

``Sec. 1132. Prohibition on certain human-animal chimeras

``(a) In General.--It shall be unlawful for any person to knowingly, in or otherwise affecting interstate commerce--

``(1) create or attempt to create a prohibited human-animal chimera;

``(2) transfer or attempt to transfer a human embryo into a nonhuman womb;

``(3) transfer or attempt to transfer a nonhuman embryo into a human womb; or

``(4) transport or receive for any purpose a prohibited human-animal chimera.

``(b) Penalties.--

``(1) In general.--Whoever violates subsection (a) shall be fined under this title, imprisoned not more than 10 years, or both.

``(2) Civil penalty.--Whoever violates subsection (a) shall be subject to a civil fine of the greater of--

``(A) $1,000,000; or

``(B) the amount equal to twice the amount of the gross pecuniary gain, if any.

``(c) Rule of Construction.--This section does not prohibit research involving the use of transgenic animal models containing human genes or transplantation of human organs, tissues, or cells into recipient animals, if such activities are not prohibited under subsection (a).''.

(b) Technical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following:

``52. Certain types of human-animal chimeras prohibited

1131.''.

______

SA 1772. Mr. LANKFORD (for himself and Mr. Tillis) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CONGRESSIONAL REVIEW PROCEDURES FOR WAIVER OF

OBLIGATIONS WITH RESPECT TO VACCINES OR OTHER

BIOTECHNOLOGY COMMODITIES UNDER THE AGREEMENT

ON TRADE-RELATED ASPECTS OF INTELLECTUAL

PROPERTY RIGHTS.

Section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532) is amended by adding at the end the following:

``(e) Approval by Congress of Certain Waivers With Respect to Vaccines or Other Biotechnology Commodities.--

``(1) In general.--A waiver described in paragraph (2) granted under subsection (b)(2) shall not enter into force with respect to the United States, and no funds shall be used by the Secretary of Commerce, the Secretary of Health and Human Services, or the Trade Representative to implement the terms of that waiver, unless--

``(A) the President submits the text of the proposed waiver agreement to the appropriate congressional committees; and

``(B) a joint resolution is enacted approving the waiver not later than 180 days after the later of the date on which--

``(i) the report under subsection (c)(2)(A) with respect to that waiver is submitted; or

``(ii) the text of the proposed waiver agreement under subparagraph (A) is submitted.

``(2) Waiver described.--A waiver described in this paragraph is a waiver of certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) for a vaccine or other biotechnology commodity.

``(3) Introduction and referral of joint resolution.--A joint resolution under paragraph (1)(B) may be introduced by any member of Congress and shall be referred--

``(A) in the Senate, to the Committee on Finance; and

``(B) in the House of Representatives, to the Committee on Ways and Means.''.

______

SA 1773. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROCESS FOR EXCLUDING ARTICLES IMPORTED FROM THE

PEOPLE'S REPUBLIC OF CHINA FROM CERTAIN DUTIES

IMPOSED UNDER SECTION 301 OF THE TRADE ACT OF

1974.

(a) Establishment of Exclusion Process.--Notwithstanding any other provision of law, the President shall establish, in consultation with the United States International Trade Commission (in this section referred to as the

``Commission''), a process pursuant to which United States entities and associations of such entities may request the exclusion of articles imported from the People's Republic of China from duties described in subsection (b).

(b) Duties Described.--The duties described in this subsection are duties imposed on or after September 24, 2018, pursuant to the investigation--

(1) initiated under section 301 of the Trade Act of 1974

(19 U.S.C. 2411) on August 18, 2017; and

(2) with respect to which notice was published in the Federal Register on August 24, 2017 (82 Fed. Reg. 40213).

(c) Implementation of Exclusion Process.--In implementing the process established under subsection (a), the President shall exclude from the imposition of a duty described in subsection (b) an article imported from the People's Republic of China if the President determines--

(1)(A) the article is not commercially available (as defined by the Commission) outside of the People's Republic of China, or is not produced outside of the People's Republic of China at a cost-competitive price at commercial scale;

(B) the imposition of the duty on the article would increase consumer prices for day-to-day items consumed by low- or middle-income families in the United States; or

(C) the article has not been found by a Federal agency to have directly benefited from the non-market-based policies of the People's Republic of China, including elements of the Made in China 2025 policy; and

(2) the exclusion of the article can likely be administered by U.S. Customs and Border Protection.

(d) Determination of Increased Consumer Prices.--The President shall determine under subsection (c)(1)(B) that the imposition of a duty would increase consumer prices for day-to-day items consumed by low- or middle-income families in the United States if imposition of the duty would cause an increase in--

(1) the cost of an article listed in Appendix 1 to chapter 17 of the Handbook of Methods of the Bureau of Labor Statistics of the Department of Labor, dated February 14, 2018; or

(2) the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(e) Collection of Duties.--No duty described in subsection

(b) imposed on an article imported into the United States from the People's Republic of China on or after the date of the enactment of this Act shall be collected on an article until the President has established the exclusion process required by subsection (a).

(f) Retroactive Application for Certain Liquidations and Reliquidations.--

(1) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, any entry of an article imported from the People's Republic of China that would have been subject to a lower rate of duty if the entry had been made after the issuance of an exclusion of the article from the imposition of a duty described in subsection (b) pursuant to the exclusion process established under subsection (a), that was made--

(A) after the imposition of the duty described in subsection (b) with respect to that article; and

(B) before the issuance of the exclusion,shall be liquidated or reliquidated as though the entry occurred after the issuance of the exclusion.

(2) Requests.--A liquidation or reliquidation may be made under paragraph (1) with respect to an entry of an article only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the issuance of an exclusion described in paragraph (1) with respect to that article that contains sufficient information to enable U.S. Customs and Border Protection--

(A) to locate the entry; or

(B) to reconstruct the entry if it cannot be located.

(3) Payments of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under paragraph (1) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).

(g) Exclusion Process Established by USTR.--If the United States Trade Representative establishes an exclusion process as described under the heading ``salaries and expenses'' under the heading ``Office of the United States Trade Representative'' in title IV of division C of the joint explanatory statement of the committee of conference accompanying the Consolidated Appropriations Act, 2019

(Public Law 116-6), the Trade Representative shall establish that process in accordance with this section.

(h) Definitions.--In this section:

(1) Entry.--The term ``entry'' includes a withdrawal from warehouse for consumption.

(2) United states entity.--The term ``United States entity'' means an entity organized under the laws of the United States or any jurisdiction within the United States.

______

SA 1774. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title I of division C, add the following:

SEC. 3117. SENSE OF CONGRESS AND REPORT ON ENSURING RELIABLE

SUPPLY OF RARE EARTH MINERALS.

(a) Findings; Sense of Congress.--

(1) Findings.--Congress makes the following findings:

(A) The People's Republic of China is the global leader in mining, refining, and component manufacturing of rare earth elements, producing approximately 85 percent of the world's supply between 2011 and 2017.

(B) In 2019, the United States imported an estimated 80 percent of its rare earth compounds from the People's Republic of China.

(C) On March 26, 2014, the World Trade Organization ruled that the People's Republic of China's export restraints on rare earth minerals violated its obligations under its protocol of accession to the World Trade Organization, thereby harming United States manufacturers and workers.

(D) The Chinese Communist Party has threatened to leverage the People's Republic of China's dominant position in the rare earth market to ``strike back'' at the United States.

(E) The Quadrilateral Security Dialogue is an effective partnership for reliable multilateral financing, development, and distribution of goods for global consumption, as evidenced by the Quad Vaccine Partnership announced on March 12, 2021.

(2) Sense of congress.--It is the sense of Congress that--

(A) the People's Republic of China's dominant share of the global rare earth mining market is a threat to the economic stability, well being, and competitiveness of key industries in the United States;

(B) the United States should reduce reliance on the People's Republic of China for rare earth minerals through--

(i) strategic investments in development projects, production technologies, and refining facilities in the United States; or

(ii) in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; and

(C) the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of rare earth minerals.

(b) Report Required.--

(1) In general.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the officials specified in paragraph (3), shall submit to the appropriate congressional committees a report on the work of the Trade Representative to address the national security threat posed by the People's Republic of China's control of nearly \2/3\ of the global supply of rare earth minerals.

(2) Elements.--The report required by paragraph (1) shall include--

(A) a description of the extent of the engagement of the United States with the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of rare earth minerals during the period beginning on the date of the enactment of this Act and ending on the date of the report; and

(B) a description of the plans of the President to leverage the partnership of the countries of the Quadrilateral Security Dialogue to produce a more reliable and secure global supply chain of rare earth minerals.

(3) Officials specified.--The officials specified in this paragraph are the following:

(A) The Secretary of State.

(B) the Secretary of Commerce.

(4) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means--

(A) the Committee on Finance, the Committee on Foreign Relations, and the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives.

______

SA 1775. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 2107(c), add the following: ``The Director shall require not less than 20 percent of the cost of a research and development activity described in subsection (a) to be provided by a non-Federal source.''.

______

SA 1776. Mr. LANKFORD (for himself, Mr. King, and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division F, add the following:

SEC. 63__. LOAN GUARANTEES FOR PROJECTS THAT INCREASE THE

DOMESTIC SUPPLY OF CRITICAL MINERALS.

(a) In General.--Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following:

``(13) Projects that increase the domestic supply of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)), including through the production, processing, and recycling of critical minerals and the fabrication of mineral alternatives.''.

(b) Prohibition on Use of Appropriated Funds.--Amounts appropriated to the Department of Energy before the date of enactment of this Act shall not be made available for the cost of loan guarantees made under paragraph (13) of section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)).

______

SA 1777. Mr. RUBIO (for himself and Mr. Merkley) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 818, beginning on line 16, strike ``(b) Rule of Construction.--Nothing in this paragraph'' and insert the following:

(b) Representative Title for Director of American Institute in Taiwan's Taipei Office.--The position of Director of the American Institute in Taiwan's Taipei office shall have the title of Representative.

______

SA 1778. Mr. RUBIO (for himself, Mr. Cardin, and Mr. Barrasso) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title II of division E, add the following:

Subtitle C--South China Sea and East China Sea Sanctions Act

SEC. 5221. SHORT TITLE.

This subtitle may be cited as the ``South China Sea and East China Sea Sanctions Act of 2021''.

SEC. 5222. SANCTIONS WITH RESPECT TO CHINESE PERSONS

RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH

CHINA SEA AND THE EAST CHINA SEA.

(a) Initial Imposition of Sanctions.--On and after the date that is 120 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (b) with respect to any Chinese person that the President determines--

(1) is responsible for or significantly contributes to large-scale reclamation, construction, militarization, or ongoing supply of disputed outposts in the South China Sea;

(2) is responsible for or significantly contributes to, or has engaged in, directly or indirectly, actions or policies using coercion to inhibit another country from protecting its sovereign rights to access offshore resources in the South China Sea, including in such country's exclusive economic zone, consistent with such country's rights and obligations under international law;

(3) is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that significantly threaten the peace, security, or stability of disputed areas of the South China Sea or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft by the People's Republic of China to occupy or conduct extensive research or drilling activity in those areas;

(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to, or in support of, any person subject to sanctions pursuant to paragraphs (1), (2), or (3); or

(5) is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person subject to sanctions pursuant to paragraph (1), (2), or (3).

(b) Sanctions Described.--The sanctions that may be imposed with respect to a person described in subsection (a) are the following:

(1) Blocking of property.--The President may, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) Ineligibility for visas, admission, or parole.--

(A) Visas, admission, or parole.--In the case of an alien, the alien may be--

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) Current visas revoked.--

(i) In general.--An alien described in subparagraph (A) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(ii) Immediate effect.--A revocation under clause (i) may--

(I) take effect immediately; and

(II) cancel any other valid visa or entry documentation that is in the alien's possession.

(3) Exclusion of corporate officers.--The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the person.

(4) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under--

(A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or

(B) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services.

(5) Inclusion on entity list.--The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States.

(6) Ban on investment in equity or debt of sanctioned person.--The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the person.

(7) Banking transactions.--The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the person.

(8) Correspondent and payable-through accounts.--In the case of a foreign financial institution, the President may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution.

(1) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of subsection (b)(1).

(2) Compliance with united nations headquarters agreement.--Paragraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States.

(3) Exception relating to importation of goods.--

(A) In general.--The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.

(B) Good defined.--In this paragraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.

(d) Penalties.--The penalties provided for in subsections

(b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection

(b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection

(a) of such section 206.

(e) Definitions.--In this section:

(1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code.

(2) Alien.--The term ``alien'' has the meaning given that term in section 101(a) of the Immigration and Nationality Act

(8 U.S.C. 1101(a)).

(3) Chinese person.--The term ``Chinese person'' means--

(A) an individual who is a citizen or national of the People's Republic of China; or

(B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China.

(4) Financial institution.--The term ``financial institution'' means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),

(J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code.

(5) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).

(6) Person.--The term ``person'' means any individual or entity.

(7) United states person.--The term ``United States person'' means--

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

SEC. 5223. PROHIBITION AGAINST DOCUMENTS PORTRAYING THE SOUTH

CHINA SEA OR THE EAST CHINA SEA AS PART OF

CHINA.

The Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea that is disputed among two or more parties or the territory or airspace of areas administered by Japan or the Republic of Korea, including in the East China Sea, is part of the territory or airspace of the People's Republic of China.

SEC. 5224. AUTHORIZATION TO PROHIBIT CERTAIN ASSISTANCE TO

COUNTRIES THAT RECOGNIZE CHINESE SOVEREIGNTY

OVER THE SOUTH CHINA SEA OR THE EAST CHINA SEA.

(a) Prohibition.--Except as provided by subsection (c) or

(d), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b).

(b) Report Required.--

(1) In general.--Not later than 60 days after the date of the enactment of this Act, and annually thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate committees of Congress a report identifying each country that the Secretary determines has taken an official and stated position to recognize, after such date of enactment, the sovereignty of the People's Republic of China over territory or airspace disputed by one or more countries in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.

(2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so.

(3) Public availability.--The Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State.

(c) Exception.--This section shall not apply with respect to Taiwan, counterterrorism activities, counternarcotics activities, global health assistance, humanitarian assistance, disaster assistance, or emergency food assistance.

(d) Waiver.--The President may waive the application of subsection (a) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States.

(e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

______

SA 1779. Mr. MORAN (for himself and Ms. Baldwin) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REGIONAL INNOVATION CLUSTERS.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration.

(2) Award.--The term ``award'' means a contract, grant, or cooperative agreement.

(3) Cluster initiative.--The term ``Cluster Initiative'' means a formally organized effort to promote the growth and competitiveness of an industry sector through collaborative activities among Industry Cluster participants that is led by--

(A) a State;

(B) an Indian Tribe;

(D) a nonprofit organization, including an institution of higher education or a venture development organization; or

(E) a small business concern.

(4) Industry cluster.--The term ``Industry Cluster'' means a geographic concentration, relative to the size of the region under consideration, of interconnected businesses, suppliers, service providers, and associated institutions in an industry sector, including advanced manufacturing, precision agriculture, cybersecurity, biosciences, water technologies, energy production and efficiency, and outdoor recreation.

(5) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(6) Institution of higher education.--The term

``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(7) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

(8) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.

(b) Supporting Industry Clusters.--

(1) Authorization.--The Administrator shall enter into contracts with Cluster Initiatives that strengthen Industry Clusters in accordance with the requirements under this subsection.

(2) Industry cluster outcomes.--Cluster Initiatives shall be assessed according to their performance along the following metrics:

(A) Growth in number of small business concerns participating in the Industry Cluster and support industries.

(B) Growth in number of small business concern startups in the Industry Cluster.

(C) Growth in total capital, including revenue and equity investments, flowing to small business concern participants in the Industry Cluster.

(D) Growth in job creation by small business concerns or, in regions with declining total employment, job retention by small business concerns in the Industry Cluster.

(E) Growth in new products, services, or business lines.

(F) Growth in new technologies developed within the Industry Cluster.

(3) Reporting.--The Administrator shall require Cluster Initiatives to submit annual reports documenting the outcomes in paragraph (2) and the activities contributing to those outcomes.

(4) Selection criteria.--In entering into contracts with Cluster Initiatives under this subsection, the Administrator shall consider--

(A) the probable impact of the Cluster Initiative on the competitiveness of the Industry Cluster, including--

(i) whether the Cluster Initiative will be inclusive of any and all organizations that might benefit from participation, including startups, small business concerns not locally owned, and small business concerns rival to existing members of the Industry Cluster; and

(ii) whether the Cluster Initiative will encourage broad participation by and collaboration among all types of participants;

(B) if the proposed Cluster Initiative fits within a broader and achievable economic development strategy;

(i) the expected ability of the Cluster Initiative to access additional funds from other sources; and

(ii) the capacity of the Cluster Initiative to sustain activities once grant funds have been expended;

(D) the degree of involvement from relevant State and regional economic and workforce development organizations, other public purpose institutions (such as universities, community colleges, venture development organizations, and workforce boards), and the private sector, including industry associations; and

(E) the extent to which economic diversity across regions of the United States would be increased through the contract.

(5) Initial award.--The Administrator may enter into a 1-year award not to exceed $1,000,000 with each Cluster Initiative.

(6) Renewal.--

(A) In general.--The Administrator may renew an award entered into with a Cluster Initiative under paragraph (5)--

(i) for 1 year in an amount not to exceed $750,000 per year; and

(ii) for a total period not to exceed 5 years.

(B) Requirement.--A Cluster Initiative shall compete in a new funding opportunity to receive any further awards under this subsection.

(7) Cluster initiative resources.--

(A) In general.--The Administrator may not enter into a contract under this subsection that would provide more than two-thirds of the revenue of the entity receiving the award.

(B) Exception.--The Administrator may make an award providing a higher percentage of the revenue of the entity receiving the award if the recipient adequately demonstrates that the Cluster Initiative will be able to access additional funding, such as through the revenues of subcontractors or through a commitment of matching funds provided from regional partners.

(8) Competitive process.--The Administrator shall enter into new awards under this subsection for each year that appropriations are available.

(1) In general.--The Administrator may award grants for feasibility studies, planning, and operations to support the launch of new Cluster Initiatives.

(2) Amount.--The total amount of grants awarded under paragraph (1) shall not exceed $250,000.

(3) Eligible recipients.--The Administrator may provide grants under paragraph (1) to--

(A) a State;

(B) an Indian Tribe;

(D) a nonprofit organization, including an institution of higher education or a venture development organization.

(d) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for fiscal year 2022 and each subsequent fiscal year to carry out this section.

______

SA 1780. Mr. TUBERVILLE submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITING TSP INVESTMENT IN CHINA.

(a) Findings.--Congress finds the following:

(1) The Thrift Savings Fund invests more than

$700,000,000,000 on behalf of plan participants. As the guardian of the retirement funds of approximately 6,000,000 Federal civilian and military plan participants, it is critical that sums in the Thrift Savings Fund are not invested in securities linked to the economy of the People's Republic of China.

(2) Companies headquartered in the People's Republic of China have repeatedly committed corporate espionage, violated sanctions imposed by the United States, flouted international property laws, committed theft, and failed to comply with audit and regulatory standards designed to safeguard investors.

(3) The Thrift Savings Plan is known for its low management fees and comprehensive array of investment strategies. The provisions of this section, and the amendments made by this section, will not increase fees imposed on participants of the Thrift Savings Plan.

(4) The November 2017 selection of the MSCI ACWI Index by the Federal Retirement Thrift Investment Board, initially scheduled to be effective in 2020, would violate the terms of subsection (i) of section 8438 of title 5, United States Code, as added by subsection (b)(1) of this section.

(b) Prohibition on Any TSP Fund Investing in Entities Organized or Established in the People's Republic of China.--

(1) In general.--Section 8438 of title 5, United States Code, is amended by adding at the end the following:

``(i) Notwithstanding any other provision of this section, no fund established or overseen by the Board may include an investment in any security of--

``(1) an entity organized or established in the People's Republic of China; or

``(2) any subsidiary that is owned or operated by an entity described in paragraph (1).''.

(2) Divestiture of assets.--Not later than 180 days after the date of enactment of this Act, the Federal Retirement Thrift Investment Board established under section 8472(a) of title 5, United States Code, shall--

(A) review whether any sums in the Thrift Savings Fund are invested in violation of subsection (i) of section 8438 of that title, as added by paragraph (1) of this subsection;

(B) if any sums are invested in the manner described in subparagraph (A), divest those sums in a manner that is consistent with the legal and fiduciary duties provided under chapter 84 of that title, or any other applicable provision of law; and

(C) reinvest any sums divested under subparagraph (B) in investments that do not violate subsection (i) of section 8438 of that title, as added by paragraph (1) of this subsection.

(c) Prohibition on Investment of TSP Funds in Entities Organized or Established in the People's Republic of China Through the TSP Mutual Fund Window.--Section 8438(b)(5) of title 5, United States Code, is amended by adding at the end the following:

``(E) A mutual fund accessible through a mutual fund window authorized under this paragraph may not include an investment in any security of--

``(i) an entity organized or established in the People's Republic of China; or

``(ii) any subsidiary that is owned or operated by an entity described in clause (i).''.

______

SA 1781. Mr. LEE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REQUIREMENT FOR AN AUTHORIZATION FOR THE USE OF

MILITARY FORCE.

Notwithstanding the War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), any other provision of law, and any obligations under the Japanese Treaty, the Philippines Treaty, the U.S. Australia New Zealand Agreement, the Republic of Korea Treaty, or the Southeast Asia Treaty, the President may not introduce members of the Armed Forces into hostilities in or involving the People's Republic of China unless--

(1) such action is necessary, for a period of no longer than 30 days, to repel a sudden attack, or the concrete, specific, and immediate threat of such a sudden attack, upon the United States, its territories, or possessions, its armed forces, or other United States citizens overseas; or

(1) Congress has enacted an authorization for the use of military force.

______

SA 1782. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 3313 and insert the following:

SEC. 3313. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS

WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.

(a) Definitions.--Section 1262 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended by striking paragraph (2) and inserting the following:

``(2) Immediate family member.--The term `immediate family member', with respect to a foreign person, means the spouse, parent, sibling, or adult child of the person.''.

(b) Sense of Congress.--The Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended by inserting after section 1262 the following new section:

``SEC. 1262A. SENSE OF CONGRESS.

``It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.''.

(1) In general.--Subsection (a) of section 1263 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended to read as follows:

``(a) In General.--The President may impose the sanctions described in subsection (b) with respect to--

``(1) any foreign person that the President determines, based on credible information--

``(A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse or any violation of internationally recognized human rights;

``(B) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in--

``(i) corruption, including--

``(I) the misappropriation of state assets;

``(II) the expropriation of private assets for personal gain;

``(III) corruption related to government contracts or the extraction of natural resources; or

``(IV) bribery; or

``(ii) the transfer or facilitation of the transfer of the proceeds of corruption;

``(C) is or has been a leader or official of--

``(i) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) during the tenure of the leader or official; or

``(ii) an entity whose property and interests in property are blocked pursuant to this section as a result of activities during the tenure of the leader or official;

``(D) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of--

``(i) an activity described in subparagraph (A) or (B) that is conducted by a foreign person;

``(ii) a person whose property and interests in property are blocked pursuant to this section; or

``(iii) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in subparagraph (A) or (B) conducted by a foreign person; or

``(E) is owned or controlled by, or acts or is purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section; and

``(2) any immediate family member of a person described in paragraph (1).''.

(2) Sanctions described.--Clause (ii) of subsection

(b)(2)(C) of such section is amended to read as follows:

``(ii) Good.--In this subparagraph, the term `good' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.''.

(3) Consideration of certain information.--Subsection

(c)(2) of such section is amended by inserting ``corruption and'' after ``monitor''.

(4) Requests by congress.--Subsection (d) of such section is amended--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A), by striking

``subsection (a)'' and inserting ``subsection (a)(1)''; and

(ii) in subparagraph (B)(i), by inserting ``or an immediate family member of the person''; and

(B) in paragraph (2)--

(i) in subparagraph (A)--

(I) in the subparagraph heading, by striking ``human rights violations'' and inserting ``serious human rights abuse or violations of internationally recognized human rights''; and

(II) by striking ``described in paragraph (1) or (2) of subsection (a)'' and inserting ``described in subsection

(a)(1) relating to serious human rights abuse or any violation of internationally recognized human rights''; and

(ii) in subparagraph (B)--

(I) in the matter preceding clause (i), by striking

``described in paragraph (3) or (4) of subsection (a)'' and inserting ``described in subsection (a)(1) relating to corruption or the transfer or facilitation of the transfer of the proceeds of corruption''; and

(II) by striking ``ranking member of'' and all that follows through the period at the end and inserting ``ranking member of one of the appropriate congressional committees''.

(5) Termination of sanctions.--Subsection (g) of such section is amended, in the matter preceding paragraph (1), by inserting ``and the immediate family members of that person'' after ``a person''.

(d) Reports to Congress.--Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended--

(1) in paragraph (5), by striking ``; and'' and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(7) A description of additional steps taken by the President through diplomacy and assistance to foreign or security sectors to address persistent underlying causes of serious human rights abuse, violations of internationally recognized human rights, and corruption in each country in which foreign persons with respect to which sanctions have been imposed under section 1263 are located.''.

(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is repealed.

______

SA 1783. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION G--MINORITY BUSINESS RESILIENCY

SEC. 7001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the

``Minority Business Resiliency Act of 2021''.

(b) Table of Contents.--The table of contents for this division is as follows:

DIVISION G--MINORITY BUSINESS RESILIENCY

Sec. 7001. Short title; table of contents.

Sec. 7002. Findings and purposes.

Sec. 7003. Definitions.

Sec. 7004. Minority Business Development Agency.

TITLE I--EXISTING INITIATIVES

Subtitle A--Market Development, Research, and Information

Sec. 7101. Private sector development.

Sec. 7102. Public sector development.

Sec. 7103. Research and information.

Subtitle B--Minority Business Development Agency Business Center

Program

Sec. 7111. Definition.

Sec. 7112. Purpose.

Sec. 7113. Establishment.

Sec. 7114. Grants and cooperative agreements.

Sec. 7115. Minimizing disruptions to existing MBDA Business Center program.

Sec. 7116. Publicity.

Sec. 7117. Funding.

TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY

BUSINESSES

Sec. 7201. Annual diverse business forum on capital formation.

Sec. 7202. Agency study on alternative financing solutions.

Sec. 7203. Educational development relating to management and entrepreneurship.

TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

Sec. 7301. Definitions.

Sec. 7302. Business centers.

Sec. 7303. Report to Congress.

Sec. 7304. Study and report.

TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

Sec. 7401. Grants to nonprofit organizations that support minority business enterprises.

Sec. 7402. Minority business grants.

TITLE V--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS

PROVISIONS

Sec. 7501. Administrative powers.

Sec. 7502. Federal assistance.

Sec. 7503. Audits.

Sec. 7504. Review and report by Comptroller General.

Sec. 7505. Annual reports; recommendations.

Sec. 7506. Separability.

Sec. 7507. Executive Order 11625.

Sec. 7508. Amendment to the Federal Acquisition Streamlining Act of

1994.

Sec. 7509. Authorization of appropriations.

SEC. 7002. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:

(1) During times of economic downturn or recession, communities of color, and businesses within those communities, are generally more adversely affected, which requires an expansion of the ability of the Federal Government to infuse resources into those communities.

(2) Despite the growth in the number of minority business enterprises, gaps remain with respect to key metrics for those enterprises, such as access to capital, revenue, number of employees, and survival rate. Specifically--

(A) according to the Department of Commerce, minority business enterprises are 2 to 3 times more likely to be denied loans than non-minority business enterprises;

(B) according to the Bureau of the Census, the average non-minority business enterprise reports receipts that are more than 3 times higher than receipts reported by the average minority business enterprise; and

(i) minority business enterprises are \1/2\ as likely to employ individuals, as compared with non-minority business enterprises; and

(ii) if minorities started and owned businesses at the same rate as non-minorities, the United States economy would have more than 1,000,000 additional employer businesses and more than 9,500,000 additional jobs.

(3) Because of the conditions described in paragraph (2), it is in the interest of the United States and the economy of the United States to expeditiously ameliorate the disparities that minority business enterprises experience.

(4) Many individuals who own minority business enterprises are socially disadvantaged because those individuals identify as members of certain groups that have suffered the effects of discriminatory practices or similar circumstances over which those individuals have no control, including individuals who are--

(A) Black or African American;

(B) Hispanic or Latino;

(D) Asian; and

(E) Native Hawaiian or other Pacific Islander.

(5) Discriminatory practices and similar circumstances described in paragraph (4) are a significant determinant of overall economic disadvantage in the United States, which is evident in the persistent racial wealth gap in the United States.

(6) While other Federal agencies focus only on small businesses and businesses that represent a broader demographic than solely minority business enterprises, the Agency focuses exclusively on--

(A) the unique needs of minority business enterprises; and

(B) enhancing the capacity of minority business enterprises.

(b) Purposes.--The purposes of this division are to--

(1) require the Agency to promote and administer programs in the public and private sectors to assist the development of minority business enterprises; and

(2) achieve the development described in paragraph (1) by authorizing the Assistant Secretary to carry out programs that will result in increased access to capital, management, and technology for minority business enterprises.

SEC. 7003. DEFINITIONS.

In this division:

(1) Agency.--The term ``Agency'' means the Minority Business Development Agency of the Department of Commerce.

(2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Minority Business Development, who is appointed as described in section 7004(b) to administer this division.

(3) Community-based organization.--The term ``community-based organization'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(4) Eligible entity.--Except as otherwise expressly provided, the term ``eligible entity''--

(A) means--

(i) a private sector entity;

(ii) a public sector entity; or

(iii) a Tribal government; and

(B) includes an institution of higher education.

(5) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code.

(6) Federally recognized area of economic distress.--The term ``federally recognized area of economic distress'' means--

(A) a HUBZone, as that term is defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b));

(B) an area that--

(i) has been designated as--

(I) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; or

(II) a Promise Zone by the Secretary of Housing and Urban Development; or

(ii) is a low or moderate income area, as determined by the Bureau of the Census;

(D) any other political subdivision or unincorporated area of a State determined by the Assistant Secretary to be an area of economic distress.

(7) Indian tribe.--The term ``Indian Tribe''--

(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); and

(B) includes a Native Hawaiian organization.

(8) Institution of higher education.--The term

``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(9) MBDA business center.--The term ``MBDA Business Center'' means any business center that--

(A) is established by the Agency; and

(B) provides technical business assistance to minority business enterprises consistent with the requirements of this division.

(10) MBDA business center agreement.--The term ``MBDA Business Center agreement'' means a legal instrument--

(A) reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and

(B) that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center.

(11) Minority business enterprise.--

(A) In general.--The term ``minority business enterprise'' means a business enterprise--

(i) that is not less than 51 percent-owned by 1 or more socially and economically disadvantaged individuals; and

(ii) the management and daily business operations of which are controlled by 1 or more socially and economically disadvantaged individuals.

(B) Rule of construction.--Nothing in subparagraph (A) may be construed to exclude a business enterprise from qualifying as a ``minority business enterprise'' under that subparagraph because of--

(i) the status of the business enterprise as a for-profit or not-for-profit enterprise; or

(ii) the revenue of the business enterprise.

(12) Private sector entity.--The term ``private sector entity''--

(A) means an entity that is not a public sector entity; and

(B) does not include--

(i) the Federal Government;

(ii) any Federal agency; or

(iii) any instrumentality of the Federal Government.

(13) Public sector entity.--The term ``public sector entity'' means--

(A) a State;

(B) an agency of a State;

(D) an agency of a political subdivision of a State.

(14) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

(15) Socially and economically disadvantaged individual.--

(A) In general.--The term ``socially and economically disadvantaged individual'' means an individual who has been subjected to racial or ethnic prejudice, or to cultural bias, because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity.

(B) Presumption.--In carrying out this division, the Assistant Secretary shall presume that the term ``socially and economically disadvantaged individual'' includes any individual who is--

(i) Black or African American;

(ii) Hispanic or Latino;

(iii) American Indian or Alaska Native;

(iv) Asian;

(v) Native Hawaiian or other Pacific Islander; or

(vi) a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance.

(16) Specialty center.--The term ``specialty center'' means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to--

(A) capital access;

(B) Federal procurement;

(D) technology transfer; or

(E) any other area determined necessary or appropriate based on the priorities of the Agency.

(17) State.--The term ``State'' means--

(A) each of the States of the United States;

(B) the District of Columbia;

(D) the United States Virgin Islands;

(E) Guam;

(F) American Samoa;

(G) the Commonwealth of the Northern Mariana Islands; and

(H) each Indian Tribe.

SEC. 7004. MINORITY BUSINESS DEVELOPMENT AGENCY.

(a) In General.--There is within the Department of Commerce the Minority Business Development Agency.

(b) Assistant Secretary.--

(1) Appointment and duties.--The Agency shall be headed by an Assistant Secretary of Commerce for Minority Business Development, who shall be--

(A) appointed by the President, by and with the advice and consent of the Senate; and

(B) except as otherwise expressly provided, responsible for the administration of this division.

(2) Compensation.--

(A) In general.--The Assistant Secretary shall be compensated at an annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(B) Technical and conforming amendment.--Section 5315 of title 5, United States Code, is amended, in the item relating to Assistant Secretaries of Commerce, by striking ``(11)'' and inserting ``(12)''.

(c) Report to Congress.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes--

(1) the organizational structure of the Agency;

(2) the organizational position of the Agency within the Department of Commerce; and

(3) a description of how the Agency shall function in relation to the operations carried out by each other component of the Department of Commerce.

(d) Office of Business Centers.--

(1) Establishment.--There is established within the Agency an Office of Business Centers.

(2) Director.--The Office of Business Centers shall be administered by a Director, who shall be appointed by the Assistant Secretary.

(e) Offices of the Agency.--

(1) In general.--In addition to the regional offices that the Assistant Secretary is required to establish under paragraph (2), the Assistant Secretary shall establish such other offices within the Agency as are necessary to carry out this division.

(2) Regional offices.--

(A) In general.--In order to carry out this division, the Assistant Secretary shall establish a regional office of the Agency for each of the regions of the United States, as determined by the Assistant Secretary.

(B) Duties.--Each regional office established under subparagraph (A) shall expand the reach of the Agency and enable the Federal Government to better serve the needs of minority business enterprises in the region served by the office, including by--

(i) understanding and participating in the business environment of that region;

(ii) working with--

(I) MBDA Business Centers that are located in that region;

(II) resource and lending partners of the Small Business Administration and the Department of Agriculture that are located in that region; and

(III) Federal, State, and local procurement offices that are located in that region;

(iii) being aware of business retention or expansion programs that are specific to that region;

(iv) seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises; and

(v) promoting business continuity and preparedness.

TITLE I--EXISTING INITIATIVES

Subtitle A--Market Development, Research, and Information

SEC. 7101. PRIVATE SECTOR DEVELOPMENT.

The Assistant Secretary shall, whenever the Assistant Secretary determines such action is necessary or appropriate--

(1) provide Federal assistance to minority business enterprises operating in domestic and foreign markets by making available to those business enterprises, either directly or in cooperation with private sector entities, including community-based organizations and national nonprofit organizations--

(A) resources relating to management;

(B) technological and technical assistance;

(D) services relating to workforce development;

(2) encourage minority business enterprises to establish joint ventures and projects--

(A) with other minority business enterprises; or

(B) in cooperation with public sector entities or private sector entities, including community-based organizations and national nonprofit organizations, to increase the share of any market activity being performed by minority business enterprises; and

(3) facilitate the efforts of private sector entities and Federal agencies to advance the growth of minority business enterprises.

SEC. 7102. PUBLIC SECTOR DEVELOPMENT.

The Assistant Secretary shall, whenever the Assistant Secretary determines such action is necessary or appropriate--

(1) consult and cooperate with public sector entities for the purpose of leveraging resources available in the jurisdictions of those public sector entities to promote the position of minority business enterprises in the local economies of those public sector entities, including by assisting public sector entities to establish or enhance--

(A) programs to procure goods and services through minority business enterprises and goals for that procurement;

(B) programs offering assistance relating to--

(i) management;

(ii) technology;

(iii) law;

(iv) financing, including accounting;

(v) marketing; and

(vi) workforce development; and

(C) informational programs designed to inform minority business enterprises located in the jurisdictions of those public sector entities about the availability of programs described in this section;

(2) meet with leaders and officials of public sector entities for the purpose of recommending and promoting local administrative and legislative initiatives needed to advance the position of minority business enterprises in the local economies of those public sector entities; and

(3) facilitate the efforts of public sector entities and Federal agencies to advance the growth of minority business enterprises.

SEC. 7103. RESEARCH AND INFORMATION.

(a) In General.--In order to achieve the purposes of this division, the Assistant Secretary--

(1) shall--

(A) collect and analyze data, including data relating to the causes of the success or failure of minority business enterprises;

(B) perform evaluations of programs carried out by Federal agencies with an emphasis on increasing coordination between Federal agencies with respect to the development of minority business enterprises;

(i) economic conditions generally in the United States; and

(ii) how the conditions described in clause (i) particularly affect the development of minority business enterprises; and

(D) provide outreach, educational services, and technical assistance in the 10 most commonly spoken languages in the United States to ensure that limited-English proficient individuals receive culturally and linguistically appropriate access to the services and information provided by the Agency; and

(2) may, at the request of a public sector entity or a private sector entity, perform an evaluation of programs carried out by the entity that are designed to assist the development of minority business enterprises.

(b) Information Clearinghouse.--The Assistant Secretary shall--

(1) establish and maintain an information clearinghouse for the collection and dissemination to relevant parties

(including business owners and researchers) of demographic, economic, financial, managerial, and technical data relating to minority business enterprises; and

(2) take such steps as the Assistant Secretary may determine to be necessary and desirable to--

(A) search for, collect, classify, coordinate, integrate, record, and catalog the data described in paragraph (1); and

(B) in a manner that is consistent with section 552a of title 5, United States Code, protect the privacy of the minority business enterprises to which the data described in paragraph (1) relates.

Subtitle B--Minority Business Development Agency Business Center

Program

SEC. 7111. DEFINITION.

In this subtitle, the term ``MBDA Business Center Program'' means the program established under section 7113.

SEC. 7112. PURPOSE.

The purpose of the MBDA Business Center Program shall be to create a national network of public-private partnerships that--

(1) assist minority business enterprises to--

(A) access capital, contracts, and grants; and

(B) create and maintain jobs;

(2) provide counseling and mentoring to minority business enterprises; and

(3) facilitate the growth of minority business enterprises by promoting trade.

SEC. 7113. ESTABLISHMENT.

(a) In General.--There is established in the Agency a program--

(1) that shall be known as the MBDA Business Center Program;

(2) that shall be separate and distinct from the efforts of the Assistant Secretary under section 7101; and

(3) under which the Assistant Secretary shall make Federal assistance awards to eligible entities to operate MBDA Business Centers, which shall, in accordance with section 7114, provide technical assistance and business development services, or specialty services, to minority business enterprises.

(b) Coverage.--The Assistant Secretary shall take all necessary actions to ensure that the MBDA Business Center Program, in accordance with section 7114, offers the services described in subsection (a)(3) in all regions of the United States.

SEC. 7114. GRANTS AND COOPERATIVE AGREEMENTS.

(a) Requirements.--An MBDA Business Center (referred to in this subtitle as a ``Center''), with respect to the Federal financial assistance award made to operate the Center under the MBDA Business Center Program--

(1) shall--

(A) provide to minority business enterprises programs and services determined to be appropriate by the Assistant Secretary, which--

(i) shall include referral services to meet the needs of minority business enterprises; and

(ii) may include programs and services to accomplish the goals described in section 7101(1);

(B) develop, cultivate, and maintain a network of strategic partnerships with organizations that foster access by minority business enterprises to economic markets, capital, or contracts;

(C) continue to upgrade and modify the services provided by the Center, as necessary, in order to meet the changing and evolving needs of the business community;

(D) establish or continue a referral relationship with not less than 1 community-based organization; and

(E) collaborate with other Centers; and

(2) in providing programs and services under the applicable MBDA Business Center agreement, may--

(A) operate on a fee-for-service basis; or

(B) generate income through the collection of--

(i) client fees;

(ii) membership fees; and

(iii) any other appropriate fees proposed by the Center in the application submitted by the Center under subsection (e).

(b) Term.--Subject to subsection (g)(3), the term of an MBDA Business Center agreement shall be not less than 3 years.

(1) In general.--The amount of financial assistance provided by the Assistant Secretary under an MBDA Business Center agreement shall be not less than $250,000 for the term of the agreement.

(2) Matching requirement.--

(A) In general.--A Center shall match not less than \1/3\ of the amount of the financial assistance awarded to the Center under the terms of the applicable MBDA Business Center agreement, unless the Assistant Secretary determines that a waiver of that requirement is necessary after a demonstration by the Center of a substantial need for that waiver.

(B) Form of funds.--A Center may meet the matching requirement under subparagraph (A) using--

(i) cash or in-kind contributions, without regard to whether the contribution is made by a third party; or

(ii) Federal funds received from other Federal programs.

(3) Use of financial assistance and program income.--A Center shall use--

(A) all financial assistance awarded to the Center under the applicable MBDA Business Center agreement to carry out subsection (a); and

(B) all income that the Center generates in carrying out subsection (a)--

(i) to meet the matching requirement under paragraph (2) of this subsection; and

(ii) if the Center meets the matching requirement under paragraph (2) of this subsection, to carry out subsection

(a).

(d) Criteria for Selection.--The Assistant Secretary shall--

(1) establish criteria that--

(A) the Assistant Secretary shall use in determining whether to enter into an MBDA Business Center agreement with an eligible entity; and

(B) may include criteria relating to whether an eligible entity is located in--

(i) an area, the population of which is composed of not less than 51 percent socially and economically disadvantaged individuals, as determined in accordance with data collected by the Bureau of the Census;

(ii) a federally recognized area of economic distress; or

(iii) a State that is underserved with respect to the MBDA Business Center Program, as defined by the Assistant Secretary; and

(2) make the criteria and standards established under paragraph (1) publicly available, including--

(A) on the website of the Agency; and

(B) in each Notice of Funding Opportunity soliciting MBDA Business Center agreements.

(e) Applications.--An eligible entity desiring to enter into an MBDA Business Center agreement shall submit to the Assistant Secretary an application that includes--

(1) a statement of--

(A) how the eligible entity will carry out subsection (a); and

(B) any experience of the eligible entity in--

(i) assisting minority business enterprises to--

(I) obtain--

(aa) large-scale contracts, grants, or procurements;

(bb) financing; or

(cc) legal assistance;

(II) access established supply chains; and

(III) engage in--

(aa) joint ventures, teaming arrangements, and mergers and acquisitions; or

(bb) large-scale transactions in global markets;

(ii) supporting minority business enterprises in increasing the size of the workforces of those enterprises, including, with respect to a minority business enterprise that does not have employees, aiding the minority business enterprise in becoming an enterprise that has employees; and

(iii) advocating for minority business enterprises; and

(2) the budget and corresponding budget narrative that the eligible entity will use in carrying out subsection (a) during the term of the applicable MBDA Business Center agreement.

(f) Notification.--If the Assistant Secretary grants an application of an eligible entity submitted under subsection

(e), the Assistant Secretary shall notify the eligible entity that the application has been granted not later than 150 days after the last day on which an application may be submitted under that subsection.

(g) Program Examination; Accreditation; Extensions.--

(1) Examination.--Not later than 180 days after the date of enactment of this Act, and biennially thereafter, the Assistant Secretary shall conduct a programmatic financial examination of each Center.

(2) Accreditation.--The Assistant Secretary may provide financial support, by contract or otherwise, to an association, not less than 51 percent of the members of which are Centers, to--

(A) pursue matters of common concern with respect to Centers; and

(B) develop an accreditation program with respect to Centers.

(3) Extensions.--

(A) In general.--The Assistant Secretary may extend the term under subsection (b) of an MBDA Business Center agreement to which a Center is a party, if the Center consents to the extension.

(B) Financial assistance.--If the Assistant Secretary extends the term of an MBDA Business Center agreement under paragraph (1), the Assistant Secretary shall, in the same manner and amount in which financial assistance was provided during the initial term of the agreement, provide financial assistance under the agreement during the extended term of the agreement.

(h) MBDA Involvement.--The Assistant Secretary may take actions to ensure that the Agency is substantially involved in the activities of Centers in carrying out subsection (a), including by--

(1) providing to each Center training relating to the MBDA Business Center Program;

(2) requiring that the operator and staff of each Center--

(A) attend--

(i) a conference with the Agency to establish the services and programs that the Center will provide in carrying out the requirements before the date on which the Center begins providing those services and programs; and

(ii) training provided under paragraph (1);

(B) receive necessary guidance relating to carrying out the requirements under subsection (a); and

(C) work in coordination and collaboration with the Assistant Secretary to carry out the MBDA Business Center Program and other programs of the Agency;

(3) facilitating connections between Centers and--

(A) Federal agencies other than the Agency, including the Small Business Administration, the Department of Agriculture, the Federal Trade Commission, the United States Patent and Trademark Office, and the Economic Development Administration of the Department of Commerce; and

(B) other institutions or entities that use Federal resources, including--

(i) small business development centers, as that term is defined in section 3(t) of the Small Business Act (15 U.S.C. 632(t));

(ii) women's business centers described in section 29 of the Small Business Act (15 U.S.C. 656);

(iii) eligible entities, as that term is defined in section 2411 of title 10, United States Code, that provide services under the program carried out under chapter 142 of that title; and

(iv) entities participating in the Hollings Manufacturing Extension Partnership Program established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k);

(4) monitoring projects carried out by each Center; and

(5) establishing and enforcing administrative and reporting requirements for each Center to carry out subsection (a).

(i) Regulations.--The Assistant Secretary shall issue and publish regulations that establish minimum standards regarding verification of minority business enterprise status for clients of entities operating under the MBDA Business Center Program.

SEC. 7115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS

CENTER PROGRAM.

The Assistant Secretary shall ensure that each Federal assistance award made under the Business Centers program of the Agency, as is in effect on the day before the date of enactment of this Act, is carried out in a manner that, to the greatest extent practicable, prevents disruption of any activity carried out under that award.

SEC. 7116. PUBLICITY.

In carrying out the MBDA Business Center Program, the Assistant Secretary shall widely publicize the MBDA Business Center Program, including--

(1) on the website of the Agency;

(2) via social media outlets; and

(3) by sharing information relating to the MBDA Business Center Program with community-based organizations, including interpretation groups where necessary, to communicate in the most common languages spoken by the groups served by those organizations.

SEC. 7117. FUNDING.

The Assistant Secretary shall use not less than 50 percent of the amount made available to carry out this division in each of fiscal years 2021 through 2024 to carry out the MBDA Business Center Program, including the component of the program relating to specialty centers.

TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY

BUSINESSES

SEC. 7201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL

FORMATION.

(a) Responsibility of Agency.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Agency shall conduct a Government-business forum to review the current status of problems and programs relating to capital formation by minority business enterprises.

(b) Participation in Forum Planning.--The Assistant Secretary shall invite the heads of other Federal agencies, such as the Chairman of the Securities and Exchange Commission, the Secretary of the Treasury, and the Chairman of the Board of Governors of the Federal Reserve System, organizations representing State securities commissioners, representatives of leading minority chambers of commerce, not less than 1 certified owner of a minority business enterprise, business organizations, and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection (a).

(1) Requests.--The Assistant Secretary may request that any head of a Federal department, agency, or organization, including those described in subsection (b), or any other group or individual, prepare a statement or report to be delivered at any forum conducted under subsection (a).

(2) Cooperation.--Any head of a Federal department, agency, or organization who receives a request under paragraph (1) shall, to the greatest extent practicable, cooperate with the Assistant Secretary to fulfill that request.

(d) Transmittal of Proceedings and Findings.--The Assistant Secretary shall--

(1) prepare a summary of the proceedings of each forum conducted under subsection (a), which shall include the findings and recommendations of the forum; and

(2) transmit the summary described in paragraph (1) with respect to each forum conducted under subsection (a) to--

(A) the participants in the forum;

(B) Congress; and

(e) Review of Findings and Recommendations; Public Statements.--

(1) In general.--A Federal agency to which a finding or recommendation described in subsection (d)(1) relates shall--

(A) review that finding or recommendation; and

(B) promptly after the finding or recommendation is transmitted under subsection (d)(2)(C), issue a public statement--

(i) assessing the finding or recommendation; and

(ii) disclosing the action, if any, the Federal agency intends to take with respect to the finding or recommendation.

(2) Joint statement permitted.--If a finding or recommendation described in subsection (d)(1) relates to more than 1 Federal agency, the applicable Federal agencies may, for the purposes of the public statement required under paragraph (1)(B), issue a joint statement.

SEC. 7202. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.

(a) Purpose.--The purpose of this section is to provide information relating to alternative financing solutions to minority business enterprises, as those business enterprises are more likely to struggle in accessing, particularly at affordable rates, traditional sources of capital.

(b) Study and Report.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall--

(1) conduct a study on opportunities for providing alternative financing solutions to minority business enterprises; and

(2) submit to Congress, and publish on the website of the Agency, a report describing the findings of the study carried out under paragraph (1).

SEC. 7203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND

ENTREPRENEURSHIP.

(a) Duties.--The Assistant Secretary shall, whenever the Assistant Secretary determines such action is necessary or appropriate--

(1) promote and provide assistance for the education and training of socially and economically disadvantaged individuals in subjects directly relating to business administration and management;

(2) join with, and encourage, institutions of higher education, leaders in business and industry, and other public sector and private sector entities, particularly minority business enterprises, to--

(A) develop programs to offer scholarships and fellowships, apprenticeships, and internships relating to business to socially and economically disadvantaged individuals; and

(B) sponsor seminars, conferences, and similar activities relating to business for the benefit of socially and economically disadvantaged individuals;

(3) stimulate and accelerate curriculum design and improvement in support of development of minority business enterprises; and

(4) encourage and assist private institutions and organizations and public sector entities to undertake activities similar to the activities described in paragraphs

(1), (2), and (3).

(b) Parren J. Mitchell Entrepreneurship Education Grants.--

(1) Definition.--In this subsection, the term ``eligible institution'' means an institution of higher education described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(2) Grants.--The Assistant Secretary shall award grants to eligible institutions to develop and implement entrepreneurship curricula.

(3) Requirements.--An eligible institution to which a grant is awarded under this subsection shall use the grant funds to--

(A) develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs, including--

(i) business management and marketing;

(ii) financial management and accounting;

(iii) market analysis;

(iv) competitive analysis;

(v) innovation;

(vi) strategic planning; and

(vii) any other skill set that the eligible institution determines is necessary for the students served by the eligible institution and the community in which the eligible institution is located; and

(B) implement the curriculum developed under subparagraph

(A) at the eligible institution.

(4) Implementation timeline.--The Assistant Secretary shall establish and publish a timeline under which an eligible institution to which a grant is awarded under this section shall carry out the requirements under paragraph (3).

(5) Reports.--Each year, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Small Business of the House of Representatives, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, a report evaluating the awarding and use of grants under this subsection during the fiscal year immediately preceding the date on which the report is submitted, which shall include, with respect to that fiscal year--

(A) a description of each curriculum developed and implemented under each grant awarded under this section;

(B) the date on which each grant awarded under this section was awarded; and

TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

SEC. 7301. DEFINITIONS.

In this title:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Commerce, Science, and Transportation of the Senate;

(B) the Committee on Small Business and Entrepreneurship of the Senate;

(D) the Committee on Small Business of the House of Representatives.

(2) Eligible entity.--The term ``eligible entity'' means--

(A) a minority-serving institution; or

(B) a consortium of institutions of higher education that is led by a minority-serving institution.

(3) MBDA rural business center.--The term ``MBDA Rural Business Center'' means an MBDA Business Center that provides technical business assistance to minority business enterprises located in rural areas.

(4) MBDA rural business center agreement.--The term ``MBDA Rural Business Center agreement'' means an MBDA Business Center agreement that establishes the terms by which the recipient of the Federal assistance award that is the subject of the agreement shall operate an MBDA Rural Business Center.

(5) Minority-serving institution.--The term ``minority-serving institution'' means an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(6) Rural area.--

(A) In general.--Subject to subparagraph (B), the term

``rural area'' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).

(B) 100,000 inhabitants.--For the purpose of this title, the reference to ``50,000 inhabitants'' in section 343(a)(13)(A)(i) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(A)(i)) shall be deemed to refer to 100,000 inhabitants.

(7) Rural minority business enterprise.--The term ``rural minority business enterprise'' means a minority business enterprise located in a rural area.

SEC. 7302. BUSINESS CENTERS.

(a) In General.--The Assistant Secretary may establish MBDA Rural Business Centers.

(b) Partnership.--

(1) In general.--With respect to an MBDA Rural Business Center established by the Assistant Secretary, the Assistant Secretary shall establish the MBDA Rural Business Center in partnership with an eligible entity in accordance with paragraph (2).

(2) MBDA agreement.--

(A) In general.--With respect to each MBDA Rural Business Center established by the Assistant Secretary, the Assistant Secretary shall enter into a cooperative agreement with an eligible entity that provides that--

(i) the eligible entity shall provide space, facilities, and staffing for the MBDA Rural Business Center;

(ii) the Assistant Secretary shall provide funding for, and oversight with respect to, the MBDA Rural Business Center; and

(iii) subject to subparagraph (B), the eligible entity shall match 20 percent of the amount of the funding provided by the Assistant Secretary under clause (ii), which may be calculated to include the costs of providing the space, facilities, and staffing under clause (i).

(B) Lower match requirement.--Based on the available resources of an eligible entity, the Assistant Secretary may enter into a cooperative agreement with the eligible entity that provides that--

(i) the eligible entity shall match less than 20 percent of the amount of the funding provided by the Assistant Secretary under subparagraph (A)(ii); or

(ii) if the Assistant Secretary makes a determination, upon a demonstration by the eligible entity of substantial need, the eligible entity shall not be required to provide any match with respect to the funding provided by the Assistant Secretary under subparagraph (A)(ii).

(C) Eligible funds.--An eligible entity may provide matching funds required under an MBDA Rural Business Center agreement with Federal funds received from other Federal programs.

(3) Term.--The initial term of an MBDA Rural Business Center agreement shall be 3 years.

(4) Extension.--The Assistant Secretary and an eligible entity may agree to extend the term of an MBDA Rural Business Center agreement with respect to an MBDA Rural Business Center.

(1) primarily serve clients that are--

(A) rural minority business enterprises; or

(B) minority business enterprises that are located more than 50 miles from an MBDA Business Center (other than that MBDA Rural Business Center);

(2) focus on--

(A) issues relating to--

(i) the adoption of broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation), digital literacy skills, and e-commerce by rural minority business enterprises;

(ii) advanced manufacturing;

(iii) the promotion of manufacturing in the United States;

(iv) ways in which rural minority business enterprises can meet gaps in the supply chain of critical supplies and essential goods and services for the United States;

(v) improving the connectivity of rural minority business enterprises through transportation and logistics;

(vi) promoting trade and export opportunities by rural minority business enterprises;

(vii) securing financial capital;

(viii) facilitating entrepreneurship in rural areas; and

(ix) creating jobs in rural areas; and

(B) any other issue relating to the unique challenges faced by rural minority business enterprises; and

(3) provide education, training, and legal, financial, and technical assistance to minority business enterprises.

(d) Applications.--

(1) In general.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall issue a Notice of Funding Opportunity requesting applications from eligible entities that desire to enter into MBDA Rural Business Center agreements.

(2) Criteria and priority.--In selecting an eligible entity with which to enter into an MBDA Rural Business Center agreement, the Assistant Secretary shall--

(A) select an eligible entity that demonstrates--

(i) the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships;

(ii) the research and extension capacity to support minority business enterprises;

(iii) knowledge of the community that the eligible entity serves and the ability to conduct effective outreach to that community to advance the goals of an MBDA Rural Business Center;

(iv) the ability to provide innovative business solutions, including access to contracting opportunities, markets, and capital;

(v) the ability to provide services that advance the development of science, technology, engineering, and math jobs within minority business enterprises;

(vi) the ability to leverage resources from within the eligible entity to advance an MBDA Rural Business Center;

(vii) that the mission of the eligible entity aligns with the mission of the Agency;

(viii) the ability to leverage relationships with rural minority business enterprises; and

(ix) a referral relationship with not less than 1 community-based organization; and

(B) give priority to an eligible entity located in a State or region that lacks an MBDA Business Center, as of the date of enactment of this Act.

SEC. 7303. REPORT TO CONGRESS.

Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees a report that includes--

(1) a summary of the efforts of the Assistant Secretary to provide services to minority business enterprises located in States that lack an MBDA Business Center, as of the date of enactment of this Act, and especially in those States that have significant minority populations; and

(2) recommendations for extending the outreach of the Agency to underserved areas.

SEC. 7304. STUDY AND REPORT.

(a) In General.--The Assistant Secretary, in coordination with relevant leadership of the Agency and relevant individuals outside of the Department of Commerce, shall conduct a study that addresses the ways in which minority business enterprises can meet gaps in the supply chain of the United States, with a particular focus on the supply chain of advanced manufacturing and essential goods and services.

(b) Report.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees a report that includes the results of the study conducted under subsection

(a), which shall include recommendations regarding the ways in which minority business enterprises can meet gaps in the supply chain of the United States.

TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

SEC. 7401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT

MINORITY BUSINESS ENTERPRISES.

(a) Definition.--In this section, the term ``covered entity'' means a private nonprofit organization that--

(1) is described in paragraph (3), (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and

(2) can demonstrate that a primary activity of the organization is to provide services to minority business enterprises, whether through education, making grants or loans, or other similar activities.

(b) Purpose.--The purpose of this section is to make grants to covered entities to help those covered entities continue the necessary work of supporting minority business enterprises.

(c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish within the Agency a grant program under which the Assistant Secretary shall make grants to covered entities in accordance with the requirements of this section.

(d) Application.--A covered entity desiring a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may require.

(e) Priority.--The Assistant Secretary shall, in carrying out this section, prioritize granting an application submitted by a covered entity that is located in a federally recognized area of economic distress.

(f) Use of Funds.--A covered entity to which a grant is made under this section may use the grant funds to support the development and growth of minority business enterprises.

(g) Procedures.--The Assistant Secretary shall establish procedures to--

(1) discourage and prevent waste, fraud, and abuse by applicants for, and recipients of, grants made under this section; and

(2) ensure that grants are made under this section to a diverse array of covered entities, including--

(A) covered entities with a national presence;

(B) community-based covered entities;

(D) covered entities that principally serve low-income and rural communities.

(h) Inspector General Audit.--Not later than 180 days after the date on which the Assistant Secretary begins making grants under this section, the Inspector General of the Department of Commerce shall--

(1) conduct an audit of grants made under this section, which shall seek to identify any discrepancies or irregularities with respect to those grants; and

(2) submit to Congress a report regarding the audit conducted under paragraph (1).

(i) Updates to Congress.--Not later than 90 days after the date on which the Assistant Secretary establishes the grant program under subsection (c), and once every 30 days thereafter, the Assistant Secretary shall submit to Congress a report that contains--

(1) the number of grants made under this section during the period covered by the report; and

(2) with respect to the grants described in paragraph (1), the geographic distribution of those grants by State and county.

SEC. 7402. MINORITY BUSINESS GRANTS.

(a) In General.--The Assistant Secretary may award grants to minority business enterprises for the purpose of--

(1) growing a minority business enterprise; or

(2) helping a minority business enterprise to remain in business.

(b) Establishment of Office.--The Assistant Secretary shall establish an office within the Agency that has adequate staffing to award and administer grants under subsection (a).

(c) Updates to Congress.--Not later than 120 days after the date of enactment of this Act, and once every 30 days thereafter, the Assistant Secretary shall submit to Congress a report that contains--

(1) the number of grants made under this section during the period covered by the report; and

(2) with respect to the grants described in paragraph (1)--

(A) the geographic distribution of those grants by State and county; and

(B) with respect to each minority business enterprise to which such a grant is awarded--

(i) demographic information with respect to the minority business enterprise; and

(ii) information regarding the industry in which the minority business enterprise operates.

TITLE V--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS

PROVISIONS

SEC. 7501. ADMINISTRATIVE POWERS.

(a) In General.--In carrying out this division, the Assistant Secretary may--

(1) adopt and use a seal for the Agency, which shall be judicially noticed;

(2) hold hearings, sit and act, and take testimony as the Assistant Secretary may determine to be necessary or appropriate to carry out this division;

(3) acquire, in any lawful manner, any property that the Assistant Secretary determines to be necessary or appropriate to carry out this division;

(4) make advance payments under grants, contracts, and cooperative agreements awarded under this division;

(5) with the consent of another Federal agency, enter into an agreement with that Federal agency to utilize, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency;

(6) coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies;

(7) require a coordinated review of all training and technical assistance activities that are proposed to be carried out by Federal agencies in direct support of the development of minority business enterprises to--

(A) ensure consistency with the purposes of this division; and

(B) avoid duplication of existing efforts; and

(8) prescribe such rules, regulations, and procedures as the Assistant Secretary determines to be necessary or appropriate to carry out this division.

(b) Employment of Certain Experts and Consultants.--

(1) In general.--In carrying out this division, the Assistant Secretary may employ experts and consultants or organizations that are composed of experts or consultants, as authorized under section 3109 of title 5, United States Code.

(2) Renewal of contracts.--The Assistant Secretary may annually renew a contract for employment of an individual employed under paragraph (1).

(1) In general.--Subject to paragraph (2), in carrying out this division, the Assistant Secretary may, without cost

(except for costs of care and handling), donate for use by any public sector entity, or by any recipient nonprofit organization, for the purpose of the development of minority business enterprises, any real or tangible personal property acquired by the Agency in carrying out this division.

(2) Terms, conditions, reservations, and restrictions.--The Assistant Secretary may impose reasonable terms, conditions, reservations, and restrictions upon the use of any property donated under paragraph (1).

SEC. 7502. FEDERAL ASSISTANCE.

(a) In General.--

(1) Provision of federal assistance.--To carry out sections 7101, 7102, and 7103(a), the Assistant Secretary may provide Federal assistance to public sector entities and private sector entities in the form of grants or cooperative agreements.

(2) Notice.--Not later than 120 days after the date on which amounts are appropriated to carry out this section, the Assistant Secretary shall, in accordance with subsection (b), broadly publish a statement regarding Federal assistance that will, or may, be provided under paragraph (1) during the fiscal year for which those amounts are appropriated, including--

(A) the actual, or anticipated, amount of Federal assistance that will, or may, be made available;

(B) the types of Federal assistance that will, or may, be made available;

(C) the manner in which Federal assistance will be allocated among public sector entities and private sector entities, as applicable; and

(D) the methodology used by the Assistant Secretary to make allocations under subparagraph (C).

(3) Consultation.--The Assistant Secretary shall consult with public sector entities and private sector entities, as applicable, in deciding the amounts and types of Federal assistance to make available under paragraph (1).

(b) Publicity.--In carrying out this section, the Assistant Secretary shall broadly publicize all opportunities for Federal assistance available under this section, including through the means required under section 7116.

SEC. 7503. AUDITS.

(a) Recordkeeping Requirement.--Each recipient of assistance under this division shall keep such records as the Assistant Secretary shall prescribe, including records that fully disclose, with respect to the assistance received by the recipient under this division--

(1) the amount and nature of that assistance;

(2) the disposition by the recipient of the proceeds of that assistance;

(3) the total cost of the undertaking for which the assistance is given or used;

(4) the amount and nature of the portion of the cost of the undertaking described in paragraph (3) that is supplied by a source other than the Agency; and

(5) any other record that will facilitate an effective audit with respect to the assistance.

(b) Access by Government Officials.--The Assistant Secretary, the Inspector General of the Department of Commerce, and the Comptroller General of the United States, or any duly authorized representative of any such individual, shall have access, for the purpose of audit, investigation, and examination, to any book, document, paper, record, or other material of a recipient of assistance under this division that pertains to the assistance received by the recipient under this division.

SEC. 7504. REVIEW AND REPORT BY COMPTROLLER GENERAL.

Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall--

(1) conduct a thorough review of the programs carried out under this division; and

(2) submit to Congress a detailed report of the findings of the Comptroller General of the United States under the review carried out under paragraph (1), which shall include--

(A) an evaluation of the effectiveness of the programs in achieving the purposes of this division;

(B) a description of any failure by any recipient of assistance under this division to comply with the requirements under this division; and

(C) recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this division.

SEC. 7505. ANNUAL REPORTS; RECOMMENDATIONS.

(a) Annual Report.--Not later than 90 days after the last day of each fiscal year, the Assistant Secretary shall submit to Congress, and publish on the website of the Agency, a report of each activity of the Agency carried out under this division during the fiscal year preceding the date on which the report is submitted.

(b) Recommendations.--The Assistant Secretary shall periodically submit to Congress and the President recommendations for legislation or other actions that the Assistant Secretary determines to be necessary or appropriate to promote the purposes of this division.

SEC. 7506. SEPARABILITY.

If a provision of this division, or the application of a provision of this division to any person or circumstance, is held by a court of competent jurisdiction to be invalid, that judgment--

(1) shall not affect, impair, or invalidate--

(A) any other provision of this division; or

(B) the application of this division to any other person or circumstance; and

(2) shall be confined in its operation to--

(A) the provision of this division with respect to which the judgment is rendered; or

(B) the application of the provision of this division to each person or circumstance directly involved in the controversy in which the judgment is rendered.

SEC. 7507. EXECUTIVE ORDER 11625.

The powers and duties of the Agency shall be determined--

(1) in accordance with this division and the requirements of this division; and

(2) without regard to Executive Order 11625 (36 Fed. Reg. 19967; relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise).

SEC. 7508. AMENDMENT TO THE FEDERAL ACQUISITION STREAMLINING

ACT OF 1994.

Section 7104(c) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644a(c)) is amended by striking paragraph

(2) and inserting the following:

``(2) The Assistant Secretary of Commerce for Minority Business Development.''.

SEC. 7509. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Assistant Secretary not less than $100,000,000 for fiscal year 2021, and each fiscal year thereafter, to carry out this division.

______

SA 1784. Mr. DAINES (for himself and Mr. Peters) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

(a) In General.--Paragraph (2) of section 431(c) of the Tariff Act of 1930 (19 U.S.C. 1431(c)) is amended to read as follows:

``(2)(A) The information listed in paragraph (1) shall not be available for public disclosure if--

``(i) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or

``(ii) the information is exempt under the provisions of section 552(b)(1) of title 5, United States Code.

``(B) The Secretary shall ensure that any personally identifiable information, including Social Security numbers and passport numbers, is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public.''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act.

______

SA 1785. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 23, between lines 7 and 8, insert the following:

(5) Report.--Not later than the earlier of 180 days after the date of enactment of this Act or the date on which the Secretary of Commerce awards the first grant under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) with amounts appropriated under this subsection, the Secretary of Commerce, in coordination with the heads of relevant Federal agencies, shall submit to Congress a report that includes recommendations for adjustments to policies and regulations in order to reduce, with respect to the semiconductor incentive program established under that section--

(A) permitting timelines; and

(B) the various costs of permitting and the development of semiconductor manufacturing.

______

SA 1786. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 716, after line 24, add the following:

(8) The United States Agency for Global Media shall prioritize and seek to increase credible and timely news coverage of the People's Republic of China's Belt and Road Initiative in all countries in which Belt and Road Initiative infrastructure projects have been initiated or proposed.

______

SA 1787. Mr. DAINES (for himself and Ms. Cortez Masto) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division F, add the following:

SEC. 6302. ENFORCEMENT OF INTELLECTUAL PROPERTY PROVISIONS OF

ECONOMIC AND TRADE AGREEMENT BETWEEN THE

GOVERNMENT OF THE UNITED STATES OF AMERICA AND

THE GOVERNMENT OF CHINA.

(a) Sense of Congress.--It is the sense of Congress that--

(1) the Agreement includes significant mandates for the People's Republic of China related to its domestic intellectual property regime, including with respect to copyrights, trademarks, trade secrets, and patents;

(2) the changes included in the Agreement, if implemented effectively, should improve the domestic intellectual property framework of the People's Republic of China, which has historically proven to harm the innovation and creative communities in the United States;

(3) despite commitments made by the Government of the People's Republic of China under the Agreement, ongoing market access barriers, uneven enforcement, measures requiring forced technology transfer, and serious deficiencies in the rule of law continue to make the business environment in the People's Republic of China highly challenging for rights holders in the United States;

(4) as reflected in the 2021 report by the United States Trade Representative required under section 182(h) of the Trade Act of 1974 (19 U.S.C. 2242(h)) (commonly referred to as the ``Special 301 Report''), the People's Republic of China has consistently been listed in that annual report since 1989 as a trading partner of the United States that

``fails to provide adequate and effective IP protection and enforcement for U.S. inventors, creators, brands, manufacturers, and service providers, which, in turn, harm American workers''; and

(5) Congress encourages the United States Trade Representative, the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Secretary of Commerce, and the Director of the United States Patent and Trademark Office--

(A) to use all available tools to ensure that the People's Republic of China fully implements its commitments under the Agreement; and

(B) to actively consider additional means to require the People's Republic of China to address unfair market access barriers, forced technology transfer requirements, and broader intellectual property theft concerns, including through future trade agreements and working with partners in multilateral organizations, such as the Group of 7 (G7), the Group of 20 (G20), and the World Trade Organization.

(b) Enforcement of Agreement.--The President, acting through the United States Trade Representative, shall coordinate with the heads of such Federal agencies as the President considers appropriate to enforce the actions related to intellectual property laid out in the Agreement including--

(1) the civil, administrative, and criminal procedures and deterrent-level civil and criminal penalties provided in the Agreement; and

(2) by using the full enforcement authority of the President, including any enforcement authority in connection with the identification and reporting process under section 182 of the Trade Act of 1974 (19 U.S.C. 2242).

(1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the United States Trade Representative shall submit to the appropriate committees of Congress a report on the status of the implementation by the People's Republic of China of its obligations under Chapter 1 of the Agreement.

(2) Information in report.--Each report required by paragraph (1) shall contain information sufficient to enable the appropriate committees of Congress to assess the extent of the compliance by the People's Republic of China with the Agreement, including appropriate quantitative metrics.

(d) Definitions.--In this section:

(1) Agreement.--The term ``Agreement'' means the Economic and Trade Agreement Between the Government of the United States of America and the Government of China, dated January 15, 2020.

(2) Appropriate committees of congress.--The term

``appropriate committees of Congress'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

______

SA 1788. Mr. DAINES (for himself and Ms. Sinema) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

In section 3101, insert after subsection (c) the following:

(d) Special Focus on Critical Mineral Production Supply Chains.--The Secretary of State and Secretary of Commerce shall coordinate with the Secretary of Energy to include in the services described in subsection (a) a focus on assisting interested United States persons and business entities with critical mineral supply chain management issues, diversification, domestic production, and management.

______

SA 1789. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. COVERED PROJECTS UNDER TITLE XLI OF THE FAST ACT.

Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is amended, in the matter preceding clause (i), by inserting

``critical minerals production,'' before ``or any other sector''.

______

SA 1790. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, on line 10, insert ``, including optical transmission equipment,'' after ``technology''.

______

SA 1791. Ms. LUMMIS (for herself, Mr. Wyden, and Mr. Barrasso) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division F, add the following:

SEC. 63__. ROYALTY RATE ON SODIUM PRODUCED ON FEDERAL LAND.

Notwithstanding section 102(a)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of the Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease under that Act, beginning on the date of enactment of this Act, the royalty rate on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market from Federal land shall be 2 percent.

______

SA 1792. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III of division F, add the following:

SEC. 6302. PROHIBITION ON WAIVERS OF AGREEMENT ON TRADE-

RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

WITH RESPECT TO COVID-19 VACCINES.

The President may not assent to any waiver of any intellectual property protections under the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization with respect to COVID-19 vaccines.

______

SA 1793. Mr. DAINES (for himself and Mr. Whitehouse) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. STUDY RELATING TO CONSEQUENCES AND BENEFITS OF

AMENDING THE CFAA.

(a) Study.--The Secretary of Homeland Security, in consultation with the heads of other appropriate agencies, shall conduct a study on the consequences and benefits of amending section 1030 of title 18, United States Code

(commonly known as the ``Computer Fraud and Abuse Act''), to allow private entities to take proportional actions in response to an unlawful network breach, subject to oversight and regulation by a designated Federal agency.

(b) Report.--

(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report on the findings of the study conducted under subsection (a), including any recommendations, to Congress.

(2) Required contents.--The report required under paragraph

(1) shall include recommendations for which Federal agency or agencies may authorize proportional actions by private entities, which entities would be allowed to take such actions and under what circumstances, and what actions would be permissible.

______

SA 1794. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. HIGH RESEARCH ACTIVITY STATUS HBCUS.

(a) Findings.--Congress finds the following:

(1) Historically Black Colleges and Universities hold a unique position in our efforts to diversify the science, technology, engineering, and mathematics academic and workforce communities.

(2) Even though our Nation's Historically Black Colleges and Universities make up just 3 percent of the colleges and universities in the United States, they graduate 25 percent of African-American students with bachelor's degrees in science, technology, engineering, and mathematics fields.

(3) Historically Black Colleges and Universities are the institution of origin among almost 30 percent of Black graduates of science and engineering doctorate programs.

(4) Historically Black Colleges and Universities are leaders of our Nation's research and development enterprise, and they are paving the way across sectors, having received over 100 utility patents in 40 years.

(5) A team of computer scientists at Morgan State University are conducting research to automate detection of concepts in biomedical images to reduce the burdens of annotation and interpretation of medical images while providing a decision support system for medical practitioners.

(6) Researchers at Howard University conducted a study across 6 decades to determine the underlying causes of the recent rapid increase in the incidence and diagnosis of hepatocellular carcinoma and liver metastases in Washington, DC, which is disproportionately impacting the Black population.

(7) In 2019, Historically Black Colleges and Universities received $371,000,000, or about 0.8 percent of the

$44,500,000,000 in Federal funding to institutions of higher education for research and development.

(8) This number is a marked decrease from fiscal year 2018, when Historically Black Colleges and Universities received

$400,000,000 (0.9 percent) in Federal research and development funding.

(9) While there are 11 high research activity status Historically Black Colleges and Universities--Clark Atlanta University, Delaware State University, Florida A&M University, Hampton University, Howard University, Jackson State University, Morgan State University, North Carolina A&T University, Tennessee State University, Texas Southern University, and University of Maryland Eastern Shore--there are no very high research activity status Historically Black Colleges and Universities.

(10) Meaningfully investing in the research capacity of Historically Black Colleges and Universities is an investment in our Nation's future and will help meet the accelerating science, technology, engineering, and mathematics workforce demands in the United States.

(b) Purposes.--The purposes of the program established under this section shall be--

(1) to enable high research activity status Historically Black Colleges and Universities to achieve very high research activity status; and

(2) to increase the national number of African-American undergraduate and graduate students with degrees in science, technology, engineering, and mathematics.

(1) Director.--The term ``Director'' means the Director of the National Science Foundation.

(2) Federal science agency.--The term Federal science agency means any Federal agency with an annual extramural research expenditure of over $100,000,000.

(3) High research activity status.--The term ``high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education.

(4) Historically black college or university.--The term

``Historically Black College or University'' has the meaning given the term ``part B institution'' under section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(5) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education.

(d) Very High Research Activity Status Historically Black Colleges or Universities Program.--

(1) Program.--The Director is authorized to establish and carry out a program to make awards to grow high research activity status (R2) Historically Black Colleges or Universities to achieve very high research activity status

(R1) while increasing the national number of African American undergraduate, graduate, and post-doctoral students with degrees in science, technology, engineering, and mathematics. The Director may expand the program to other Historically Black Colleges or Universities beyond those Historically Black Colleges or Universities classified as high research activity status universities if the Director determines that the program can support such an expansion.

(2) Grants.--In carrying out the program, the Director shall award grants for scientific research on a competitive, merit-reviewed basis to Historically Black Colleges or Universities that are classified as high research activity status institutions at the time of application for such a grant.

(3) Institutional award limitations.--The Director may award not more than $25,000,000 per year for a single institution under this section.

(4) Application.--

(A) In general.--To be eligible to receive a grant under this section, a Historically Black College or University described in paragraph (2) shall submit an application to the Director at such time, in such manner, and containing such information and assurances as the Director may require.

(B) Contents.--The application described in subparagraph

(A) shall include, at a minimum, a description of--

(i) a plan for increasing the level of research activity and achieving very high research activity status classification within 10 years of the grant award, including measurable milestones such as growth in research expenditures, number of research doctoral degrees awarded, number of research-focused faculty, and other relevant factors;

(ii) how the institution of higher education will sustain the increased level of research activity beyond the duration of the award; and

(iii) how the implementation of the proposed plan will be evaluated and assessed.

(5) Program components.--

(A) Strategic areas of scientific research.--Through coordination with Historically Black Colleges or Universities that are eligible to receive a grant under this section, the Director, or the Director's designee, shall establish mechanisms through which applicants can seek funding under this section.

(B) Use of funds.--An institution that receives a grant under this section shall use the grant funds to support research activities, including--

(i) faculty professional development;

(ii) stipends for graduate and undergraduate students and post-doctoral scholars;

(iii) laboratory equipment and instrumentation; and

(iv) other activities necessary to build research capacity.

(i) In general.--An institution that submits a proposal for a grant under this section shall submit with their proposal a plan that describes the institution's plan to achieve very high research activity status, including making investments with institutional and non-Federal funds, to achieve that status within a decade of the grant award, to the extent practicable.

(ii) Updated plan.--An institution that receives a grant under this section shall submit to the Foundation an updated plan described in clause (i), not less than once every 3 years, which shall be based on a self-assessment of progress in achieving very high research activity status.

(D) Transition eligibility.--The Director may consider creating pathways for new Historically Black Colleges or Universities to enter into the program under this section as participating institutions achieve very high research activity status.

(e) Report on Improving the Research Capacity at High Research Activity Historically Black Colleges or Universities.--

(1) In general.--Not later than 1 year after the date of enactment of this division, the National Science and Technology Council shall prepare and submit a report that--

(A) identifies challenges and barriers to Federal research grants for high research activity status Historically Black Colleges or Universities; and

(B) identifies recommendations for Federal science agencies to sustainably boost the research capacity of high research activity status Historically Black Colleges or Universities through grant-making authorities.

(2) Report submission.--The National Science and Technology Council shall transmit the report to the Director of the National Science Foundation, the Administrator of the National Aeronautics and Space Administration, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, and the heads of other such agencies as determined relevant by the National Science and Technology Council.

(3) Information from federal agencies.--

(A) In general.--The National Science and Technology Council may secure directly from a Federal department or agency such information as the National Science and Technology Council considers necessary to carry out the report under this subsection.

(B) Furnishing information.--Upon a request from the National Science and Technology Council, the head of a Federal department or agency shall furnish such information as is requested to the National Science and Technology Council.

(f) Authorization of Appropriations.--There is authorized to be appropriated to the Foundation, for awards under this section, $200,000,000 for fiscal year 2022 and each year thereafter.

______

SA 1795. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 2116 and insert the following:

SEC. 2116. AUTHORIZATION OF APPROPRIATIONS FOR THE

FOUNDATION.

(a) Fiscal Year 2022.--

(1) Foundation.--There is authorized to be appropriated to the Foundation $12,269,200,000 for fiscal year 2022.

(2) Specific nsf allocations.--Of the amount authorized under paragraph (1)--

(A) $10,469,200,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $800,000,000 shall be for STEM education and related activities, including workforce activities under section 2202; and

(B) $1,800,000,000 shall be made available to the Directorate, of which--

(i) $594,000,000 shall be for the innovation centers under section 2104;

(ii) $324,000,000 shall be for scholarships, fellowships, and other activities under section 2106;

(iii) $252,000,000 shall be for academic technology transfer under section 2109;

(iv) $180,000,000 shall be for test beds under section 2108;

(v) $270,000,000 shall be for research and development activities under section 2107; and

(vi) an amount equal to 10 percent of the total made available to the Directorate under this subparagraph shall be transferred to the Foundation for collaboration with directorates and offices of the Foundation outside of the Directorate as described under section 2102(c)(7).

(b) Fiscal Year 2023.--

(1) Foundation.--There is authorized to be appropriated to the Foundation $14,368,000,000 for fiscal year 2023.

(2) Specific nsf allocations.--Of the amount authorized under paragraph (1)--

(A) $11,168,000,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $1,190,000,000 shall be for STEM education and related activities, including workforce activities under section 2202; and

(B) $3,200,000,000 shall be made available to the Directorate, of which--

(i) $1,056,000,000 shall be for the innovation centers under section 2104;

(ii) $576,000,000 shall be for scholarships, fellowships, and other activities under section 2106;

(iii) $448,000,000 shall be for academic technology transfer under section 2109;

(iv) $320,000,000 shall be for test beds under section 2108;

(v) $480,000,000 shall be for research and development activities under section 2107; and

(1) Foundation.--There is authorized to be appropriated to the Foundation $18,198,200,000 for fiscal year 2024.

(2) Specific nsf allocations.--Of the amount authorized under paragraph (1)--

(A) $11,898,200,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $1,600,000,000 shall be for STEM education and related activities, including workforce activities under section 2202; and

(B) $6,300,000,000 shall be made available to the Directorate, of which--

(i) $2,079,000,000 shall be for the innovation centers under section 2104;

(ii) $1,134,000,000 shall be for scholarships, fellowships, and other activities under section 2106;

(iii) $882,000,000 shall be for academic technology transfer under section 2109;

(iv) $630,000,000 shall be for test beds under section 2108;

(v) $945,000,000 shall be for research and development activities under section 2107; and

(d) Fiscal Year 2025.--

(1) Foundation.--There is authorized to be appropriated to the Foundation $21,061,900,000 for fiscal year 2025.

(2) Specific nsf allocations.--Of the amount authorized under paragraph (1)--

(A) $12,661,900,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $2,100,000,000 shall be for STEM education and related activities, including workforce activities under section 2202; and

(B) $8,400,000,000 shall be made available to the Directorate, of which--

(i) $2,772,000,000 shall be for the innovation centers under section 2104;

(ii) $1,512,000,000 shall be for scholarships, fellowships, and other activities under section 2106;

(iii) $1,176,000,000 shall be for academic technology transfer under section 2109;

(iv) $840,000,000 shall be for test beds under section 2108;

(v) $1,260,000,000 shall be for research and development activities under section 2107; and

(e) Fiscal Year 2026.--

(1) Foundation.--There is authorized to be appropriated to the Foundation $22,562,520,000 for fiscal year 2026.

(2) Specific nsf allocations.--Of the amount authorized under paragraph (1)--

(A) $13,262,520,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $2,540,000,000 shall be for STEM education and related activities, including workforce activities under section 2202; and

(B) $9,300,000,000 shall be made available to the Directorate, of which--

(i) $3,069,000,000 shall be for the innovation centers under section 2104;

(ii) $1,674,000,000 shall be for scholarships, fellowships, and other activities under section 2106;

(iii) $1,302,000,000 shall be for academic technology transfer under section 2109;

(iv) $930,000,000 shall be for test beds under section 2108;

(v) $1,395,000,000 shall be for research and development activities under section 2107; and

(f) Allocation and Limitations.--

(1) Allocation for the office of inspector general.--From any amounts appropriated for the Foundation for a fiscal year, the Director shall allocate for necessary expenses of the Office of Inspector General of the Foundation an amount of not less than $33,000,000 in any fiscal year for oversight of the programs and activities funded under this section in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

(2) Supplement and not supplant.--The amounts authorized to be appropriated under this section shall supplement, and not supplant, any other amounts previously appropriated to the Office of the Inspector General of the Foundation.

(3) No new awards.--The Director shall not make any new awards for the activities under the Directorate for any fiscal year in which the total amount appropriated to the Foundation (not including amounts appropriated for the Directorate) is less than the total amount appropriated to the Foundation (not including such amounts), adjusted by the rate of inflation, for the previous fiscal year.

(4) No funds for construction.--No funds provided to the Directorate under this section shall be used for construction.

______

SA 1796. Mr. DURBIN (for himself and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 2214 and insert the following:

SEC. 2214. CRITICAL MINERALS MINING, RECYCLING, AND

ALTERNATIVE TECHNOLOGIES RESEARCH.

(a) Critical Minerals Mining, Recycling, and Alternative Technologies Research and Development at the Foundation.--

(1) In general.--In order to support supply chain resiliency and reduce the environmental impacts of critical minerals mining, the Director shall issue awards, on a competitive basis, to institutions of higher education, nonprofit organizations, or National Laboratories (or consortia of such institutions or organizations, including consortia that collaborate with private industry) to support basic research that will accelerate innovation to advance critical minerals mining, recycling, and reclamation strategies and technologies for the purpose of making better use of domestic resources, finding alternative technologies, and eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.

(2) Use of funds.--Activities funded by an award under this section may include--

(B) advancing critical mineral processing research activities to improve separation, alloying, manufacturing, or recycling techniques and technologies that can decrease the energy intensity, waste, potential environmental impact, and costs of those activities;

(C) advancing research and development of critical minerals mining and recycling technologies that take into account the potential end-uses and disposal of critical minerals, in order to improve end-to-end integration of mining and technological applications;

(D) conducting research and development on alternative technologies, such as in battery or energy storage technologies that minimize or do not incorporate critical minerals;

(E) conducting long-term earth observation of reclaimed mine sites, including the study of the evolution of microbial diversity at such sites;

(F) examining the application of artificial intelligence for geological exploration of critical minerals, including what size and diversity of data sets would be required;

(G) examining the application of machine learning for detection and sorting of critical minerals, including what size and diversity of data sets would be required;

(H) conducting detailed isotope studies of critical minerals and the development of more refined geologic models; or

(I) providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers.

(b) Critical Minerals Interagency Subcommittee.--

(1) In general.--In order to support supply chain resiliency, the Critical Minerals Subcommittee of the National Science and Technology Council (referred to in this subsection as the ``Subcommittee'') shall coordinate Federal science and technology efforts to ensure secure and reliable supplies of critical minerals to the United States.

(2) Purposes.--The purposes of the Subcommittee shall be--

(A) to advise and assist the Committee on Homeland and National Security and the National Science and Technology Council on United States policies, procedures, and plans as it relates to critical minerals, including--

(i) Federal research, development, and deployment efforts to optimize methods for extractions, concentration, separation, and purification of conventional, secondary, and unconventional sources of critical minerals, including research that prioritizes end-to-end integration of mining and recycling techniques and the end-use target for critical minerals;

(ii) efficient use and reuse of critical minerals, including recycling technologies for critical minerals and the reclamation of critical minerals from components such as spent batteries;

(iii) research, development, and deployment of materials and technologies that can be used in place of technologies utilizing critical minerals, such as battery or energy storage technologies that minimize or do not incorporate critical minerals;

(iv) addressing the technology transitions between research or lab-scale mining and recycling and commercialization of these technologies;

(v) the critical minerals workforce of the United States; and

(vi) United States private industry investments in innovation and technology transfer from federally funded science and technology;

(B) to identify emerging opportunities, stimulate international cooperation, and foster the development of secure and reliable supply chains of critical minerals, including activities related to the reclamation of critical minerals via recycling and research and development of alternative technologies;

(D) to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being, and industrial production.

(3) Responsibilities.--In carrying out paragraphs (1) and

(2), the Subcommittee may, taking into account the findings and recommendations of relevant advisory committees--

(A) provide recommendations on how Federal agencies may improve the topographic, geologic, and geophysical mapping of the United States and improve the discoverability, accessibility, and usability of the resulting and existing data, to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security;

(B) assess the progress toward developing critical minerals recycling and reprocessing technologies, and alternative technologies;

(C) assess the end-to-end lifecycle of critical minerals, including for mining, usage, recycling, and end-use material and technology requirements;

(D) examine options for accessing and developing critical minerals through investment and trade with allies and partners of the United States and provide recommendations;

(E) evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry;

(F) assess the need for and make recommendations to address the challenges the United States critical minerals supply chain workforce faces, including--

(i) aging and retiring personnel and faculty;

(ii) public perceptions about the nature of mining and mineral processing; and

(iii) foreign competition for United States talent;

(G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance--

(i) scientific and technical capabilities across critical mineral supply chains, including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification, more efficient use, recycling, and alternative technologies; and

(ii) cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environmental health and safety research and development; and

(H) report to the appropriate committees of Congress on activities and findings under this subsection.

(4) Mandatory responsibilities.--In carrying out paragraphs

(1) and (2), the Subcommittee shall, taking into account the findings and recommendations of the relevant advisory committees, identify and evaluate Federal policies and regulations that restrict the mining of critical minerals.

(1) Establishment.--The Secretary of Commerce, in consultation with the Director, the Secretary of the Interior, and the heads of other relevant Federal agencies, shall establish a grant program to finance pilot projects for the development of critical minerals and metals mining, recycling, and alternative technologies research and development in the United States.

(2) Limitation on grant awards.--A grant awarded under paragraph (1) may not exceed $10,000,000.

(3) Economic viability.--In awarding grants under paragraph

(1), the Secretary of Commerce shall give priority to projects that the Secretary of Commerce determines are likely to be economically viable over the long term.

(4) Secondary recovery.--In awarding grants under paragraph

(1), the Secretary of Commerce shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals.

(5) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of Commerce $100,000,000 for each of fiscal years 2021 through 2024 to carry out the grant program established under paragraph (1).

(d) Definitions.--In this section:

(1) Alternative technologies.--The term ``alternative technologies'' means the development of substitute materials that can substantially satisfy the metrics of the end-use application by either significantly minimizing or completely eliminating the need for critical minerals.

(2) Critical mineral; critical mineral or metal.--The terms

``critical mineral'' and ``critical mineral or metal'' include any host mineral of a critical mineral (within the meaning of those terms in section 7002 of the Energy Act of 2020 (30 U.S.C. 1606).

(3) End-to-end.--The term ``end-to-end'', with respect to the integration of mining or life cycle of minerals, means the integrated approach of, or the lifecycle determined by, examining the research and developmental process from the mining of the raw minerals to its processing into useful materials, its integration into components and devices, the utilization of such devices in the end-use application to satisfy certain performance metrics, and the recycling or disposal of such devices.

(4) Recycling.--The term ``recycling'' means the process of collecting and processing spent materials and devices and turning them into raw materials or components that can be reused either partially or completely.

(5) Secondary recovery.--The term ``secondary recovery'' means the recovery of critical minerals and metals from discarded end-use products or from waste products produced during the metal refining and manufacturing process, including from mine waste piles, acid mine drainage sludge, or byproducts produced through legacy mining and metallurgy activities.

______

SA 1797. Ms. CORTEZ MASTO (for herself, Mr. Manchin, Ms. Murkowski, and Ms. Hassan) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike subsections (c) and (d) of section 2214 (relating to critical minerals mining research) of division B and insert the following:

(1) Establishment.--The Secretary of Energy, in consultation with the Director, the Secretary of the Interior, and the Secretary of Commerce, shall establish a grant program to finance pilot projects for--

(A) the processing of critical minerals in the United States; or

(B) the development of critical minerals and metals in the United States.

(2) Limitation on grant awards.--A grant awarded under paragraph (1) may not exceed $10,000,000.

(3) Economic viability.--In awarding grants under paragraph

(1), the Secretary of Energy shall give priority to projects that the Secretary of Energy determines are likely to be economically viable over the long term.

(4) Secondary recovery.--In awarding grants under paragraph

(1), the Secretary of Energy shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals.

(5) Domestic priority.--In awarding grants for the development of critical minerals and metals under paragraph

(1)(B), the Secretary of Energy shall prioritize pilot projects that will process the critical minerals and metals domestically.

(6) Prohibition on processing by foreign entity of concern.--In awarding grants under paragraph (1), the Secretary of Energy shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern (as defined in section 2307(a)).

(7) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of Energy $100,000,000 for each of fiscal years 2021 through 2024 to carry out the grant program established under paragraph (1).

(d) Definitions.--In this section:

(1) Critical mineral.--The term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

(2) Critical mineral and metal.--The term ``critical mineral and metal'' includes any host mineral of a critical mineral.

(3) Secondary recovery.--The term ``secondary recovery'' means the recovery of critical minerals and metals from discarded end-use products or from waste products produced during the metal refining and manufacturing process, including from mine waste piles, acid mine drainage sludge, or byproducts produced through legacy mining and metallurgy activities.

______

SA 1798. Ms. WARREN (for herself and Mr. Sanders) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title IV of division C, add the following:

SEC. 3409. REPORT ON UNFAIR COMPETITIVE ADVANTAGES DUE TO

POOR LABOR AND ENVIRONMENTAL POLICIES AND

PRACTICES.

(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of State, in coordination with the United States Trade Representative and the Secretary of Commerce, shall publish an unclassified report in the Federal Register that identifies, with respect to the 5 United States trading partners whose labor and environmental policies and practices are most concerning--

(1) unfair competitive advantages provided by a government of a country to companies in such country as a result of poor labor policies and practices, including--

(A) barriers to workers' access to independent unions;

(B) the enablement or toleration of forced labor;

(D) the failure of the Government to enforce labor laws and regulations, including law and regulations regarding minimum wage, safe working conditions, and overtime pay; and

(2) unfair competitive advantages provided by a government of a country to companies in such country as a result of poor environmental policies and practices, including--

(A) low air and water quality and pollution emissions standards;

(B) subsidies for polluting energy sources; and

(C) the failure of the Government to enforce environmental laws and regulations, including prohibitions against the dumping of waste.

(b) Consultation.--In preparing the report required under subsection (a), the Secretary of State, in coordination with the United States Trade Representative and the Secretary of Commerce, may, as necessary and appropriate, consult with--

(1) other Federal agencies;

(2) the private sector; and

(3) civil society organizations.

______

SA 1799. Ms. HASSAN (for herself and Ms. Ernst) submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. VIRTUAL CURRENCIES AND THEIR GLOBAL USE.

(a) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the United States Trade Representative, the Board of Governors of the Federal Reserve System, the Office of the Director of National Intelligence, and any other agencies or departments that the Secretary of the Treasury determines are necessary, shall submit to the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate and the Committee on Ways and Means, the Committee on the Judiciary, and Committee on Financial Services of the House of Representatives a report on virtual currency, which shall--

(1) identify and rank the countries that host--

(A) the largest state and private industry generators of virtual currency;

(B) the largest state and private industry users of virtual currency; and

(2) identify policies adopted by the foreign countries listed in paragraph (3)to develop and protect their domestic virtual currency industry;

(3) identify, to the greatest extent practicable, the types and dollar value of virtual currency mined, as well as an estimate of the amount of energy consumed doing so for each of fiscal years 2016 through 2021 within the United States and globally, as well as within the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Bolivarian Republic of Venezuela, the Republic of Cuba, the Republic of the Union of Myanmar, the Syrian Arab Republic, and the Russian Federation;

(4) identify vulnerabilities, including those related to security, disruptions, and technology availability, of the global microelectronic supply chain with respect to virtual currency mining operations; and

(5) provide policy and legislative recommendations to address the issues identified in paragraphs (3) and (4).

(b) Classified Annex.--The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

______

SA 1800. Mr. TILLIS submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title II of division E, add the following:

SEC. 5214. MEMBERSHIP OF THE COMMITTEE ON FOREIGN INVESTMENT

IN THE UNITED STATES.

Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--

(1) by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and

(2) by inserting after subparagraph (G) the following:

``(H) The Secretary of Agriculture.''.

______

SA 1801. Mr. WICKER (for himself, Mrs. Shaheen, and Mrs. Hyde-Smith) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

On page 260, strike lines 11 and 12 and insert the following:section 2104 of the Endless Frontier Act;

``(J) a cooperative extension; and

``(K) Engineer Research and Development Center laboratories of the Army Corps of Engineers.

______

SA 1802. Mr. RUBIO (for himself, Mr. Burr, Mr. Risch, Mr. Blunt, Mr. Cotton, Mr. Cornyn, and Mr. Sasse) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY

PROTECTIONS.

(a) Counterintelligence Screening Process.--

(1) Establishment.--The Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation shall jointly establish a counterintelligence screening process to protect the United States against efforts of China and other foreign entities to engage in economic espionage and to misappropriate United States intellectual property, research and development, and innovation efforts.

(2) Functions.--Subject to the joint direction and control of the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, the counterintelligence screening process established under paragraph (1) shall assess and screen all funds provided under this Act (including grants awarded under this Act) for potential national security threats.

(3) Funding.--Amounts required to carry out the process established under paragraph (1) shall be derived from amounts appropriated to carry out this Act.

(b) Protections.--

(1) Certification required for receipt of amounts.--Notwithstanding any other provision of this Act, no person may receive any amount (including an amount as part of a grant awarded under this Act) or purchase, lease, or otherwise obtain any intellectual property developed through a grant awarded under this Act, unless the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation jointly certify that the person has sufficient protections in place to protect against misappropriation of United States intellectual property, research and development, and innovation efforts, and other threats from foreign governments and other entities.

(2) Certification requirements.--Notwithstanding any other provision of this Act, no certification may be made under paragraph (1) with respect to a person unless such person discloses to the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation the following:

(A) Any funding received by the person from a foreign source during the most recent 10-year period.

(B) Any financial or in-kind support received by the person from any entity--

(i) owned or controlled by the Government of the People's Republic of China; or

(ii) in which the Government of the People's Republic of China has an ownership interest.

______

SA 1803. Mr. DURBIN (for himself and Mr. Cassidy) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike paragraph (3) of section 4153(f) and insert the following:

(3) Strategic national stockpile.--Section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by adding at the end the following:

``(6) Transfer of items.--

``(A) In general.--During the 6-year period that begins on the date of enactment of this paragraph, the Secretary, in coordination with the Secretary of Homeland Security, may, at appropriate intervals, sell or transfer drugs, vaccines and other biological products, medical devices, or other supplies maintained in the stockpile under paragraph (1) to a Federal agency or private, nonprofit, State, local, tribal, or territorial entity.

``(B) Requirements.--In carrying out subparagraph (A), the Secretary--

``(i) shall, on a regular basis, assess the stock of such equipment and communicate to manufacturers and suppliers of such equipment to the stockpile under paragraph (1) if such assessment indicates that there will be an increased need for such equipment;

``(ii) shall, for any sale or transfer or any such equipment, do so at a competitive and fair price, as determined by the Secretary, taking into account the current market pricing for the applicable equipment and the operational budget for the stockpile;

``(iii) shall, prior to any sale of such equipment in the commercial market, including a sale to a private or nonprofit entity described in subparagraph (A), provide adequate notification to relevant manufacturers, distributors, or other appropriate entities in order to mitigate any commercial disruption from such sale;

``(iv) may enter into a contract or cooperative agreement with an entity that has expertise in supply chain logistics and management, including a group purchasing organization or medical product distributor, to carry out activities described in this paragraph, which may include facilitating timeliness, logistical assistance, appropriate pricing, and to determine appropriate amounts of such equipment; and

``(v) may, for purposes of meeting the goals described in subparagraph (A), and to promote efficient and predictable operations of the stockpile while mitigating the risk of product expiration or shortages, enter into arrangements, through a competitive bidding process, with one or more manufacturers or such products to establish and utilize revolving stockpiles of such products managed and operated by such manufacturer.

``(C) Revolving stockpile arrangements.--Under an arrangement described in subparagraph (B)(v)--

``(i) the manufacturer (or a subcontractor or agent of the manufacturer)--

``(I) shall--

``(aa) produce or procure such equipment for the stockpile under paragraph (1);

``(bb) maintain constant supply, possession, and re-stocking capacity of such equipment in such quantities as the Secretary requires for purposes of the stockpile under paragraph (1); and

``(cc) fulfill or support the deployment, distribution, or dispensing functions of the stockpile at the State and local levels, consistent with paragraph (3); and

``(II) may sell or transfer such equipment for the purposes of the manufacturer's existing inventory and commercial contracts; and

``(ii) the Secretary shall pay a management fee, which may include compensation to the manufacturer for such equipment, as appropriate.

``(D) Compensation to hhs.--In the case of a sale or transfer of such equipment to an entity described in subparagraph (A), the proceeds from the sale shall be transferred to the Secretary and be made available, without further appropriation, until expended, for purposes of procuring such equipment for the stockpile under paragraph

(1).''.

______

SA 1804. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ROLE OF THE COMMISSIONER AND INTERNATIONAL

AGREEMENTS.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Commissioner.--The term ``Commissioner'' means the Commissioner of the United States Section of the International Boundary and Water Commission.

(3) New River.--The term ``New River'' means the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea.

(4) Secretary.--The term ``Secretary'' means the Secretary of State.

(5) Tijuana River.--The term ``Tijuana River'' means the river that rises in the Sierra de Juarez in Mexico, flows through the City of Tijuana and then north into the United States, passes through the Tijuana River estuary, and drains into the Pacific Ocean.

(b) Wastewater and Stormwater Authority.--The Commissioner may study, design, construct, operate, and maintain projects to manage, improve, and protect the quality of wastewater, stormwater runoff, and other untreated flows in the Tijuana River watershed and the New River watershed.

(1) construct, operate, and maintain projects that--

(A) are on a priority list developed by the Environmental Protection Agency for projects in the Tijuana River watershed or New River watershed;

(B) are within the United States; and

(2) use available funds, including funds received from the Administrator, to construct, operate, and maintain the projects described in paragraph (1).

(d) Agreements With Mexico.--The Secretary, acting through the Commissioner, may execute an agreement with the appropriate official or officials of the Government of Mexico for--

(1) the joint study and design of stormwater control and water quality projects; and

(2) on approval of the necessary plans and specifications of the projects described in paragraph (1), the construction, operation, and maintenance of those projects by the United States and Mexico, in accordance with the treaty relating to the utilization of the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and supplementary protocol, signed at Washington February 3, 1944 (59 Stat. 1219), between the United States and Mexico.

(e) Savings Provision.--Nothing in this section limits the authority of the International Boundary and Water Commission any other provision of law.

______

SA 1805. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. UNITED STATES-MEXICO BORDER WATERS.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Commissioner.--The term ``Commissioner'' means the Commissioner of the United States Section of the International Boundary and Water Commission.

(3) Eligible entity.--The term ``eligible entity'' means the United States Section of the International Boundary and Water Commission, a State, a local government, an Indian Tribe, or a water or wastewater district with jurisdiction over any area in the United States or Mexico that is located within 100 kilometers of the United States-Mexico border.

(4) Eligible project.--

(A) In general.--The term ``eligible project'' means a project for the construction of infrastructure for drinking water treatment or distribution, wastewater management, or stormwater management, including natural and green infrastructure and infrastructure for water reuse and water recycling, that--

(i) addresses an existing human health or ecological issue;

(ii) has an effect in the United States;

(iii) with respect to wastewater management infrastructure the water discharged from which will flow, directly or indirectly, into the United States, is designed to meet, to the maximum extent practicable, all relevant water quality standards of the country in which the project is located, including, for projects located in the United States, any applicable standards established under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(iv) is proposed by an eligible entity with legal authority--

(I) to develop the project;

(II) to provide the proposed drinking water or wastewater services; and

(III) to obtain necessary financing, including operations and maintenance funding;

(v) will comply with relevant State and local environmental and other laws (including regulations), including with respect to--

(I) obtaining any necessary operating permits and licenses; and

(II) complying with any other regulatory requirements related to land acquisition and rights-of-way; and

(vi) has the support of appropriate Mexican Federal and State agencies, including the Comision Nacional de Agua

(commonly known as ``CONAGUA'' or the Mexican National Water Commission) and any appropriate State or municipal water utility, if the project is located in Mexico.

(B) Exclusions.--The term ``eligible project'' does not include a project--

(i) for new water supply;

(ii) that threatens an ecosystem located in the United States, or that is located in both the United States and Mexico, if the project causes a reduction in the flow of water; or

(iii) to provide drinking water, wastewater, or stormwater services to enable new development.

(5) New River.--The term ``New River'' means the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea.

(6) Program.--The term ``program'' means the program established under subsection (b)(1).

(7) Secretary.--The term ``Secretary'' means the Secretary of State.

(8) Tijuana River.--The term ``Tijuana River'' means the river that rises in the Sierra de Juarez in Mexico, flows through the City of Tijuana and then north into the United States, passes through the Tijuana River estuary, and drains into the Pacific Ocean.

(b) United States-Mexico Border Water Infrastructure Program.--

(1) Establishment.--The Administrator shall carry out a program to provide assistance to eligible entities for activities related to eligible projects, including feasibility studies, planning studies, environmental assessments, financial analyses, community participation efforts, and architectural, engineering, planning, design, construction, and operations and maintenance activities.

(2) Consultation.--In carrying out the program, the Administrator shall consult with the North American Development Bank.

(3) Coordination.--In carrying out the program, the Administrator shall coordinate with Federal, State, local, and Tribal entities in the border region, including the Department of Homeland Security, the International Boundary and Water Commission, and relevant State agencies.

(4) Project selection.--

(A) In general.--In selecting projects for which to provide assistance under the program, the Administrator shall select projects in accordance with--

(i) subparagraph (B); and

(ii) any other criteria determined appropriate by the Administrator.

(B) Prioritization.--In carrying out subparagraph (A), the Administrator shall prioritize projects that--

(i) are identified in a plan developed by the Administrator for projects to be carried out in the Tijuana River or New River; or

(ii)(I) are likely to have the greatest positive effects relating to the environment and public health;

(II) will result in benefits on the United States side of the United States-Mexico border;

(III) address the most urgent public health and environmental needs, as determined by the heads of the Regional offices for Regions 6 and 9 of the Environmental Protection Agency; and

(IV) maximize sustainable practices, such as water reuse and water recycling, natural and green infrastructure, water efficiency, and conservation.

(5) Terms and conditions.--The Administrator may establish such terms and conditions on assistance provided under the program as the Administrator determines appropriate.

(6) Cost share.--The Administrator may establish a Federal share requirement for any project carried out using any assistance proved under this section on an individual project basis.

(7) Regional allocations.--The amounts made available to carry out this section shall be made available in equal amounts for use by the Regional offices for Regions 6 and 9 of the Environmental Protection Agency.

(1) Wastewater and stormwater authority.--The Commissioner may study, design, construct, operate, and maintain projects to manage, improve, and protect the quality of wastewater, stormwater runoff, and other untreated flows in the Tijuana River watershed and the New River watershed.

(2) Tijuana and new river projects within the united states.--The Secretary, acting through the Commissioner, shall--

(A) construct, operate, and maintain projects that--

(i) are on a priority list developed by the Environmental Protection Agency for projects in the Tijuana River watershed or New River watershed;

(ii) are within the United States; and

(iii) improve the water quality of the Tijuana River watershed or the New River watershed, as applicable; and

(B) use available funds, including funds received under this section, to construct, operate, and maintain the projects described in subparagraph (A).

(3) Agreements with mexico.--The Secretary, acting through the Commissioner, may execute an agreement with the appropriate official or officials of the Government of Mexico for--

(A) the joint study and design of stormwater control and water quality projects; and

(B) on approval of the necessary plans and specifications of the projects described in subparagraph (A), the construction, operation, and maintenance of those projects by the United States and Mexico, in accordance with the treaty relating to the utilization of the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and supplementary protocol, signed at Washington February 3, 1944 (59 Stat. 1219), between the United States and Mexico.

(4) Funding.--A project located wholly or partially within Mexico shall be eligible for funding under the program if the project is--

(A) identified under and consistent with the results of the study under paragraph (3)(A); and

(B) approved pursuant to paragraph (3)(B).

(5) Savings provision.--Nothing in this subsection limits the authority of the International Boundary and Water Commission under this section or any other provision of law.

______

SA 1806. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. INTERNATIONAL ETHICAL STANDARDS IN GENOME EDITING

RESEARCH.

(a) Sense of Congress.--It is the sense of Congress that the Secretary of State, in consultation with relevant Federal agencies, should work with other nations and international organizations, including the United Nations and the World Health Organization, to carefully evaluate the distinct medical, ethical, and societal issues raised by the prospect of heritable human genome editing through democratic public discussion, with the goal of forging international consensus, while supporting the medical potential of somatic genome editing.

(b) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress, and post on a publicly accessible website of the Government Accountability Office, a report containing recommendations for--

(1) achieving widespread societal engagement on heritable human genome editing; and

(2) addressing current gaps in national and international systems for governing activities related to such issue.

______

SA 1807. Mr. SCHATZ submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

Strike subsection (a) of section 2104 and insert the following:

(a) University Technology Center Program.--

(1) In general.--From amounts made available to the Directorate, the Director shall establish a program in the Directorate to make awards, through a competitive selection process, to eligible entities to establish university technology centers.

(2) Purpose.--The purpose of the university technology centers shall be to--

(A) conduct multi-disciplinary, collaborative basic and applied research, relevant to at least one of the key technology focus areas;

(B) leverage the expertise of multi-disciplinary and multi-sector partners, including partners from private industry;

(C) further the development, deployment, and commercialization of innovations, including inventions, in the key technology focus areas, including those derived from the activities of the university technology center;

(D) support the development of scientific, innovation, entrepreneurial, and educational capacity within the region of the university technology center; and

(E) support graduate students and postdoctoral researchers with training and professional mentoring towards their future employment in STEM fields.

(3) Use of funds.--University technology centers established under this subsection may use support provided--

(A) to carry out research to advance innovation in the key technology focus areas;

(B) for technology development activities such as proof-of-concept development, prototyping, design modification, experimental development, and other actions to reduce the cost, time, and risk of commercializing new technologies;

(D) for the costs associated with technology transfer and commercialization, including patenting and licensing;

(E) for operations and staff; or

(F) for trainee development pilot programs, as described in paragraph (8).

(4) Selection process.--In selecting recipients under this subsection, the Director shall consider, in addition to the scientific and technical merit of the proposal--

(A) maximizing regional and geographic diversity of the university technology centers, including by considering rural-serving institutions of higher education (as defined in section 861(b) of the Higher Education Act of 1965 (20 U.S.C. 1161a(b));

(B) the extent to which the applicant's proposal would broaden participation by populations underrepresented in STEM;

(C) the capacity of the applicant to engage industry, labor, and other appropriate organizations and, where applicable, contribute to growth in domestic manufacturing capacity and job creation;

(D) in the case of a consortium, the extent to which the proposal includes institutions listed in paragraph

(7)(C)(ii);

(E) the amount of funds from industry organizations described in paragraph (5)(A)(ii) the applicant would use towards establishing the university technology center;

(F) the plan and capability of the applicant to take measures to prevent the inappropriate use of the research and technology of the center, including research results, data, and intellectual property, as appropriate and consistent with the requirements of the relevant award; and

(G) the plan and capability of the applicant to support proof-of-concept development and prototyping as well as technology transfer and commercialization activities.

(5) Requirements.--

(A) In general.--The Director shall ensure that any eligible entity receiving an award under this subsection has--

(i) the capacity or the ability to acquire the capacity to advance the purposes described in section 2102(b); and

(ii) secured contributions for establishing the university technology center under this subsection from industry or other non-Federal organizations in an amount not less than 10 percent of the total amount of the award the eligible entity would receive under this subsection.

(B) Consortium eligibility.--To be eligible to receive an award for the establishment and operation of a university technology center, a consortium shall be composed of not fewer than 2 entities as described in paragraph (7)(C) and operate subject to a binding agreement, entered into by each member of the consortium, that documents--

(i) the proposed partnership agreement, including the governance and management structure of the university technology center;

(ii) measures the consortium will undertake to enable cost-effective implementation of activities under paragraph (3);

(iii) a proposed budget, including financial contributions from non-Federal sources; and

(iv) the plan for ownership and use of any intellectual property developed by the center.

(6) Support of regional technology hubs.--Each university technology center established under this subsection may support and participate in, as appropriate, the activities of any regional technology hub designated under section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as amended by section 2401 of this Act.

(7) Eligible entity.--In this subsection, the term

``eligible entity'' means--

(A) an individual institution of higher education;

(B) a nonprofit entity; or

(i) shall include and be led by an institution of higher education or by a nonprofit entity, designed to support technology development;

(ii) shall include 1 or more institution that is--

(I) a historically Black college or university;

(II) a Tribal College or University;

(III) a minority-serving institution (or an institution of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians);

(IV) an institution that participates in the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988

(42 U.S.C. 1862g);

(V) an emerging research institution; or

(VI) a community college; and

(iii) may include 1 or more--

(I) additional entities described in subparagraph (A) or

(B);

(II) industry entities, including startups, small businesses, and public private partnerships;

(III) economic development organizations or venture development organizations, as such terms are defined in section 28(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 13701 et seq.), as amended by section 2401 of this Act;

(IV) National Laboratories;

(V) Federal laboratories, as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703);

(VI) Federal research facilities;

(VII) labor organizations;

(VIII) entities described in subparagraph (A) or (B) from allied or partner countries;

(IX) other entities if determined by the Director to be vital to the success of the program; and

(X) binational research and development foundations and funds, excluding foreign entities of concern, as defined in section 2307.

(8) Trainee development pilot program.--

(A) Establishment of pilot program.--At not more than 3 university technology centers that are consortia under paragraph (7)(C), the Director may include support for trainee development under the leadership of a member of the consortium that is an institution described under paragraph

(7)(C)(ii). Such programs shall be selected to ensure geographical diversity and service to populations underrepresented in STEM fields, and shall perform the following activities:

(i) Training and technical assistance for graduate students and postdoctoral researchers on--

(I) researching and assessing available grant and fellowship opportunities;

(II) preparing and submitting grants and fellowship applications that leverage their research and experience; and

(III) administering grant funding, and leveraging grants and fellowships into longer term employment opportunities.

(ii) Establishing professional mentoring networks that include Federal, State, local, and Tribal government agencies and the private sector, as well as members of the regional technology hubs established under section 28(b)(1)(A) of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et seq.).

(iii) Other support determined to be necessary or advisable by the Director to achieve the purposes of this title.

(B) Assessment.--Not later than 5 years after the date of enactment of this Act, the Foundation shall assess the impacts of the trainee development programs established under this paragraph and report its findings to Congress. Such assessment shall include perspectives from participating graduate students and postdoctoral researchers.

______

SA 1808. Mr. MANCHIN (for himself and Mr. Barrasso) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title III of division F, insert the following:

SECTION 63__. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS

AND PROTECTION OF INFORMATION RELATING TO

CERTAIN AGREEMENTS.

(a) Property Interests Relating to Federally Funded Advanced Nuclear Reactor Projects.--

(1) Definitions.--In this section:

(A) Advanced nuclear reactor.--The term ``advanced nuclear reactor'' has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).

(B) Department.--The term ``Department'' means the Department of Energy.

(i) In general.--Except as provided in clause (ii), the term ``property interest'' means any interest in real property or personal property (as those terms are defined in section 200.1 of title 2, Code of Federal Regulations (as in effect on the date of enactment of this Act)).

(ii) Exclusion.--The term ``property interest'' does not include any interest in intellectual property developed using funding provided under a project described in paragraph (3).

(D) Secretary.--The term ``Secretary'' means the Secretary of Energy.

(2) Assignment of property interests.--The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3).

(3) Project described.--A project referred to in paragraph

(2) is--

(A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE-FOA-0002271, including any project for which funding has been provided pursuant to that announcement as of the date of enactment of this Act;

(B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading ``Nuclear Energy'' under the heading ``ENERGY PROGRAMS'' in title III of division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2670);

(C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or

(D) a project--

(i) relating to advanced nuclear reactors; and

(ii) for which Federal funding is provided under a program that is similar to, or a successor of, the Advanced Reactor Demonstration Program of the Department.

(4) Retroactive vesting.--The vesting of fee title or any other property interest assigned under paragraph (2) shall be retroactive to the date on which the applicable project first received Federal funding as described in any of subparagraphs

(A) through (D) of paragraph (3).

(b) Considerations in Cooperative Research and Development Agreements.--

(1) In general.--Section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is amended--

(A) by inserting ``(i)'' after ``(B)'';

(B) in clause (i), as so designated, by striking ``The director'' and inserting ``Subject to clause (ii), the director''; and

``(II) The agency may authorize the director to provide appropriate protections against dissemination described in clause (i) for a total period of not more than 30 years if the agency determines that the nature of the information protected against dissemination, including nuclear technology, could reasonably require an extended period of that protection to reach commercialization.''.

(2) Applicability.--

(A) Definition.--In this subsection, the term ``cooperative research and development agreement'' has the meaning given the term in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)).

(B) Retroactive effect.--Clause (ii) of section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this section, shall apply with respect to any cooperative research and development agreement that is in effect as of the day before the date of enactment of this Act.

(c) Department of Energy Contracts.--Section 646(g)(5) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is amended--

(1) by striking ``(5) The Secretary'' and inserting the following:

``(5) Protection from disclosure.--

``(A) In general.--The Secretary''; and

(2) in subparagraph (A) (as so designated)--

(A) by striking ``, for up to 5 years after the date on which the information is developed,''; and

(B) by striking ``agency.'' and inserting the following:

``agency--

``(i) for up to 5 years after the date on which the information is developed; or

``(ii) for up to 30 years after the date on which the information is developed, if the Secretary determines that the nature of the technology under the transaction, including nuclear technology, could reasonably require an extended period of protection from disclosure to reach commercialization.

``(B) Extension during term.--The Secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph (A) in accordance with that subparagraph.''.

______

SA 1809. Mr. MANCHIN (for himself and Mr. Barrasso) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title V of division B, insert the following:

SEC. 25__. UNIVERSITY INFRASTRUCTURE REVITALIZATION PROGRAM.

(a) Purposes.--The purposes of this section are--

(1) to upgrade and expand nuclear research capabilities of universities in the United States to meet the research requirements of advanced nuclear energy systems;

(2) to establish regional nuclear innovation hubs and university-led consortia to support innovation in nuclear science and engineering and related disciplines; and

(3) to ensure the continued operation of university research reactors.

(b) Definitions.--In this section:

(1) Advanced nuclear reactor.--The term ``advanced nuclear reactor'' has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).

(2) EPSCoR university.--The term ``EPSCoR university'' means an institution of higher education that participates in the Established Program to Stimulate Competitive Research Federal-State partnership program designed to enhance the capabilities of universities to conduct sustainable and nationally competitive energy-related research administered by the Department of Energy.

(3) Historically black college or university.--The term

``historically Black college or university'' has the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(4) Institution of higher education.--The term

``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)).

(5) Minority-serving institution.--The term ``minority-serving institution'' has the meaning given the term

``minority institution'' in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k).

(6) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(7) Program.--The term ``program'' means the University Infrastructure Revitalization Program established under subsection (c).

(8) Secretary.--The term ``Secretary'' means the Secretary of Energy.

(c) Establishment of Program.--Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the ``University Infrastructure Revitalization Program'', to promote collaborations, partnerships, and knowledge sharing between institutions of higher education, including EPSCoR universities, historically Black colleges and universities, and minority-serving institutions, National Laboratories, industry, and associated labor unions with the mission to revitalize and upgrade existing nuclear science and engineering infrastructure and develop new capabilities and expertise to support the development of advanced nuclear reactor technologies and applications.

(d) Consortia.--

(1) In general.--In carrying out the program, the Secretary shall establish university-led consortia comprised of institutions of higher education, including EPSCoR universities, historically Black colleges and universities, and minority-serving institutions, National Laboratories, industry, and associated labor unions to enhance university-based nuclear science and engineering infrastructure.

(2) Activities.--The Secretary shall competitively award to consortia established under paragraph (1) awards--

(A) to enhance existing capabilities and establish new capabilities and expertise;

(B) to provide project management services and support, technical support, quality engineering and inspections, and nuclear material support to--

(i) existing university nuclear science and engineering programs in the United States as of the date of enactment of this Act;

(ii) the 25 existing research reactors at universities in the United States as of the date of enactment of this Act; and

(iii) new and emerging nuclear science and engineering programs at institutions of higher education, including--

(I) EPSCoR universities;

(II) historically Black colleges and universities; and

(III) minority-serving institutions.

(e) Funding.--Notwithstanding any other provision of this Act, out of any amounts appropriated pursuant to section 2117(a), there shall be made available to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.

______

SA 1810. Mr. GRASSLEY (for himself, Ms. Hassan, Mr. Cornyn, and Mrs. Shaheen) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED

SUBSTANCES.

(a) In General.--Section 2 of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116-114; 134 Stat. 103) is amended by striking ``October 22, 2021'' and inserting ``December 16, 2022''.

(b) Applicability.--The amendment made by subsection (a) shall take effect as if enacted as part of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116-114; 134 Stat. 103).

______

SA 1811. Mr. DURBIN (for himself and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows: