[Congressional Record Volume 167, Number 45 (Wednesday, March 10, 2021)]
[Senate]
[Pages S1453-S1456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                    Foreign Agents Registration Act

  Mr. GRASSLEY. Madam President, recently, the Biden administration 
withdrew a proposed Trump administration rule that would have required 
universities and K-12 schools to identify their connections with 
Confucius Institutes, which are very much connected to the country of 
China and, I would even say, to the Communist Party of China, which may 
be one and the same. I have asked the Biden administration about that 
move, but the administration has failed to respond to date. So I am 
here today to discuss four areas wherein the administration must be 
tough with China as well as with other countries.
  Since April 2015, I have conducted oversight on several key aspects 
of foreign efforts to influence Members of

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Congress and the American public. First, I have focused on the equal, 
fair, and aggressive enforcement of transparency laws. An example of 
one transparency law that I will focus on is the Foreign Agents 
Registration Act.
  I first raised concerns about the Foreign Agents Registration Act in 
April 2015, when it became very apparent that it wasn't being used 
hardly at all. Historically, it hasn't been used very much, and people 
have been getting away without registering under that act. It may be OK 
to represent a foreign country or a foreign interest, but at least we 
in Congress ought to know about it, and, in turn, the American people 
ought to know who you are and whom you are speaking for.
  In 1938, Congress passed that law for the purpose then of exposing 
Nazi propaganda and identifying foreign attempts to influence 
policymakers as well as the American public. Last updated in 1966, the 
Foreign Agents Registration Act requires those who lobby on behalf of 
foreign governments and foreign interests to register their 
affiliations and activities with our Justice Department.

  The Foreign Agents Registration Act reflects the fundamental 
principle that transparency brings accountability. Until recently, 
however, the law has been seldom used. The Foreign Agents Registration 
Act ought to be better enforced and also be equally enforced. That is 
why I worked to expose holes in the existing law and then find ways 
through additional legislation to shore it up or even use oversight to 
see that the Justice Department takes its use with more certainty and 
with more force.
  As a result of those efforts, last session, I introduced a bipartisan 
bill that goes by the title of ``Foreign Agents Disclosure and 
Registration Enhancement Act.'' Since it wasn't passed in the last 
Congress, I will be reintroducing it this session. The bill requires 
the Justice Department for the first time to craft a comprehensive 
enforcement strategy and to release advisory opinions to promote that 
transparency. It gives investigators new tools, including civil 
investigative demand authority, to help identify violations.
  Last Congress, the bill had support from Chairman Graham and Ranking 
Member Feinstein of the Judiciary Committee and Chairman Rubio and Vice 
Chairman Warner of the Intelligence Committee. It also had bipartisan 
support on the Foreign Relations Committee, including from Senators 
Shaheen, Rubio, Murphy, and Young, who have all worked to shine a light 
on foreign influence. We also had the signoff from the chairman of that 
committee, also with support from the Trump administration.
  Unfortunately, when Senator Cornyn and I joined on the floor just 
before Christmas to ask for unanimous consent for the passage of this 
bill that had such broad bipartisan support, the Democrats objected 
even though it had this bipartisan, multicommittee support.
  So I strongly urge the Biden administration to join my efforts in 
making commonsense, bipartisan reforms to the Foreign Agents 
Registration Act and to make it a priority. My bill gets the job done.
  The second point I want to raise is that I have focused my oversight 
on increasing nontraditional espionage activities and foreign threats 
targeting taxpayer-funded research.
  When I was chairman of the Judiciary Committee in 2018, I convened a 
hearing regarding Chinese nontraditional espionage against the United 
States. In that hearing, both DOJ and FBI officials made very clear 
that the threat to our universities and taxpayer-funded research from 
foreign governments, especially China, is real and it is ongoing. For 
example, the Department of Justice witness stated:

       We need to adapt our enforcement strategy to reach non-
     traditional collectors, including researchers in labs, 
     universities, and the defense industrial base, some of whom 
     may have undisclosed ties to Chinese institutions and 
     conflicting loyalties.

  The FBI witness stated that China's talent recruitment programs are 
effectively ``brain gain programs'' that ``encourage theft of 
intellectual property from U.S. institutions.''
  In June of 2019, when I was chairman of the Senate Finance Committee, 
I held a hearing on foreign threats to taxpayer-funded research which 
focused heavily on China's theft and China's espionage within our 
research community here in the United States.
  After the hearing, I organized a classified committee briefing on the 
topic from the Department of Health and Human Services, the National 
Institutes of Health, the Department of Health and Human Services 
inspector general, and the Department of Homeland Security.
  The Trump administration ramped up government efforts to investigate 
and prosecute researchers for stealing intellectual property and 
research. The Biden administration must continue those aggressive 
efforts if they want to be taken seriously. Those efforts are more 
important now than ever. For example, during the COVID pandemic, China 
has used cyber attacks to try to steal COVID-related research.
  Third, another focus of mine has been on propaganda efforts within 
our schools and universities. Specifically, that concerns China's 
Confucius Institutes. As an extension of the Chinese Government, the 
Confucius Institutes are a foreign principal for purposes of the 
Foreign Agents Registration Act. According to reporting, the strategic 
goal of the Chinese Government is to place its institutes within 
existing colleges and universities in order to influence perceptions of 
the Communist government in China under the guise of teaching Chinese 
language, Chinese culture, and Chinese history. In other words, we have 
to see this problem with open eyes.
  In light of these factors, in October of 2018, I wrote to the Justice 
Department and asked why it had yet to require individuals working for 
Confucius Institutes to register as foreign agents under the Foreign 
Agents Registration Act.
  Then, in March of 2020, I wrote to dozens of schools asking that they 
get a briefing from the FBI on the threats Confucius Institutes bring 
to the academic environment.
  I have also strongly backed Senator Kennedy's Confucius Act--that is 
the title of the bill--which passed the Senate just last week. In part, 
that bill mandates that if a school wants an institute on campus, that 
school must have full managerial and academic control, not control from 
the Chinese Government.
  China's threats to our security are very real. They are known and 
show no sign of stopping. It is a very good sign that in the past 
couple of years, many universities and colleges have cut ties with 
Confucius Institutes. Probably some of those were on those respective 
campuses for a long period of time.

  The Biden administration must use every tool at its disposal to 
protect and defend our national security from this Communist threat, 
which is why I wrote to the Biden Department of Homeland Security on 
February 11 this year regarding its withdrawal of the Confucius rule, 
which I thought was a very good step forward from the previous 
administration.
  Among the questions I asked of the Department, two relate to whether 
the Biden administration considers the Confucius Institute to be an 
extension of the Communist Chinese Government as well as being 
purveyors of Communist Chinese propaganda. That ought to be easily 
recognized, and I imagine our President does recognize it, but I want 
to have him tell me so. So far, that Department has thus far failed to 
respond.
  The Biden administration would be wise to answer both in the 
affirmative to clearly state to the country and the world where it 
stands regarding China's gigantic propaganda machine, of which the 
Confucius Institutes are only a small part. In other words, besides 
going after the Confucius Institutes, we have to have our eyes open to 
every way that the Communist Chinese and their government is trying to 
influence things in this country, as well as stealing things from our 
country.
  Lastly, I want to highlight a very important issue that has recently 
been brought to my attention. Upon entering office, President Biden 
fired all U.S. Executive Directors at multilateral development banks 
who were currently serving out their terms. Some of these multilateral 
development banks are the International Monetary Fund, the World Bank, 
the Asian Development Bank, and the European Bank for Reconstruction 
and Development.
  It has been U.S. tradition for incoming Presidents to allow these 
nonpartisan U.S. Executive Directors to

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serve in their positions until their term ends regardless of whatever 
administration put them in those positions. This tradition is meant to 
ensure that the United States maintains a consistent authoritative 
presence and engagement within those multilateral institutions.
  In the last administration, the United States was tough on China 
through these development banks, and we were hoping that these people 
would be left in place so they could continue that tough-on-China 
approach. The Executive Directors who were in their respective 
positions made it a point to defend U.S. strategic interests by 
building coalitions aimed at eroding Chinese influence, which has been 
allowed to grow at an alarming extent. There is quite a push by the 
Chinese Communist Government to get involved in the highest levels of 
almost every international organization, not just these banks that I am 
talking about.
  Removing these U.S. leaders from their positions prior to their terms 
expiring and with no replacements even nominated isn't an example of 
the United States leading; this is an example of our country ceding its 
duties and responsibilities on the world stage.
  In addition to my unanswered letters, the Biden administration should 
inform Congress as to why it removed all Executive Directors from their 
positions prior to their terms expiring.
  I hope President Biden knows China is aggressively growing its 
influence in these multilateral organizations, so now isn't the time to 
abandon the field. There is no time to be weak with China. We must work 
tirelessly to protect our way of life and our national security from 
the ever-present threat of the Communist Chinese Government. At the 
same time, we must build on the foundation that the Trump 
administration created to protect American taxpayers from foreign theft 
and espionage and propaganda.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered


                  nomination of michael stanley regan

  Mr. CARDIN. Mr. President, today I rise to support the nomination of 
Michael S. Regan to be Administrator of the U.S. Environmental 
Protection Agency as we celebrate the Agency's 50th anniversary and the 
return of the United States to the Paris Agreement, which the agency 
will play a key role in meeting.
  Reducing carbon pollution and other forms of air and water pollution 
has generated enormous environmental, health, and economic benefits 
over the last 50 years.
  While the Trump administration claimed that rolling back clean air 
protections frees up economic activity, in fact, reducing climate 
emissions is critical to a thriving, sustainable economy. Fortunately, 
many States maintained a strong commitment to protecting air quality 
and addressing climate change. Maryland, under Republican and 
Democratic Governors, has benefitted from participating in the Regional 
Greenhouse Gas Initiative with 10 other States. However, the EPA is 
indispensable: Air pollution crosses State borders and requires strong 
and fair Federal regulation.
  I am energized by Mr. Regan's commitment to furthering progress on 
environmental justice. Research shows that air pollution and climate 
change disproportionately harm low-income communities and communities 
of color. Maryland suffers disproportionately from upwind pollution 
from fossil-fuel fired power plants out of State.
  The United States District Court for the District of Columbia's 
recent rejection of the Trump administration's efforts to weaken carbon 
pollution limits for power plants clears the way for the EPA to set 
thoughtful standards that will effectively slash carbon emissions from 
the electricity sector and create clean energy-related jobs.
  Now that President Biden has returned our Nation to the Paris 
Agreement, the EPA has a critical role to ensure America leads by 
example at home. After all, this is the Federal agency the Endangerment 
Finding obligates to take action under the Clean Air Act to curb 
emissions of carbon pollution from vehicles, power plants, and other 
industries.
  Carbon neutrality is the policy tool that may drive economic recovery 
and innovation for the coming decades.
  This goal to achieve a 100-percent clean energy economy and net-zero 
emissions no later than 2050 would align us with a pathway to limit 
global temperature rise by 1.5 degrees Celsius and help avert the most 
catastrophic effects of climate change. The EPA will play an 
increasingly important role in climate policy, which will be a key 
element of economic policy, domestically and internationally.
  The EPA's climate responsibilities include the phase-down of 
hydrofluorocarbons--HFCs--potent greenhouse gases used as coolants in 
refrigerators, air conditioners, and industrial applications that are 
the subject of the Kigali Amendment to the Montreal Protocol, a global 
agreement to protect the ozone layer. The bipartisan Consolidated 
Appropriations Act of 2021 provided authority to allow for the phase-
down of HFCs and subsequent transition to the newer, better 
alternatives.
  Rebuilding scientific expertise is fundamental to the ability of the 
EPA to carry out this and other climate responsibilities. The Union of 
Concerned Scientists recently reported that the EPA lost more than 
1,000 scientists between its highest reported number of scientists in 
early 2017 and its lowest reported number of scientists at the end of 
2019. On average, the Agency lost over 200 scientists per year between 
2016 and 2020. I am relieved North Carolina Governor Cooper commended 
Mr. Regan for restoring morale among career staff at the Department of 
Environmental Quality and emphasizing a respect for science. He will 
need to do the same at EPA.
  The Environmental Protection Agency should be the last workplace to 
have vacancies during a climate crisis that is undeniable. In 2018 
alone, there were 14 separate billion-dollar weather and climate 
disasters in the United States, with a total cost of $91 billion. These 
costs will likely rise due to climate change.
  Carbon dioxide released into waterways as a result of water pollution 
by nutrients is enhancing unwanted changes in ocean acidity due to 
atmospheric increases in carbon dioxide. The changes may already be 
affecting commercial fish and shellfish populations, according to data 
and model predictions published in the American Chemical Society's 
journal, Environmental Science & Technology. A new study by the 
Smithsonian Environmental Research Center also shows that oysters 
stressed by low dissolved oxygen and warm water--the result of extreme 
weather events--early in life grow thicker shells and less meat, which 
threatens a way of life for Maryland oyster fishers and growers.
  The EPA also leads the Federal agency partners in engaging the 
Chesapeake Bay Program, a grassroots effort with bipartisan support to 
preserve and restore the largest estuary in the country. Executive 
Order 13508 declaring the Chesapeake Bay Watershed a national treasure 
established a goal of restoring oyster populations in 20 tributaries of 
the Chesapeake Bay by 2025.
  Over the past 4 years, the Trump administration sought to undermine 
the Chesapeake Bay Program and roll back Clean Water Act protections 
critical to the restoration effort, proposing to eliminate the EPA 
program's budget in total dereliction of its duties as a key Federal 
partner. Despite these setbacks, the Chesapeake Bay Program partners 
have made steady progress toward achieving the nutrient reduction goals 
set out in 2010 in the Chesapeake Clean Water Blueprint to have 100 
percent of measures in place by 2025 to achieve fishable, swimmable 
water quality standards.
  This is significantly more likely once the EPA returns to proper 
levels of staffing and funding. As Administrator, I am confident Mr. 
Regan will respect science and the duties of the Agency to lead the 
Chesapeake Bay Program through this substantial milestone.
  The EPA is the lynchpin in the Chesapeake Bay Program. Maryland 
farmers have successfully stepped up to the plate to achieve nutrient 
reduction goals. Their efforts will be diminished,

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however, if the EPA does not act as arbiter to hold States accountable 
for pollution upstream. Therefore, I was particularly pleased to see 
that the agricultural community widely supports Mr. Regan's nomination.
  Both the global effort to combat climate change and the regional 
Chesapeake Bay restoration effort are enormously challenging. Yet the 
prospect of confirming Michael Regan to be the Administrator of an EPA 
that produces policy based on Scientific evidence and robust community 
input has me hopeful that we can sustain a healthy, vibrant watershed 
and Nation for generations to come.