[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Pages S3339-S3382]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1920. Mr. BOOZMAN 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 2510(a)(1)(A)(ii) of division B, insert ``and'' 
     at the end of subclause (III) and strike clause (V).
       In section 2510 of division B, redesignate subsection (d) 
     as subsection (e) and insert after subsection (c) the 
     following:
       (d) Exclusions.--The provisions of subsections (a) and (b) 
     shall not apply to--
       (1) a covered commodity (as defined in section 281 of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1638));
       (2) any meat or meat food product (as defined in section 1 
     of the Federal Meat Inspection Act (21 U.S.C. 601)) inspected 
     pursuant to that Act (21 U.S.C. 601 et seq.); or
       (3) any poultry or poultry product (as those terms are 
     defined in section 4 of the Poultry Products Inspection Act 
     (21 U.S.C. 453)) inspected pursuant to that Act (21 U.S.C. 
     451 et seq.).
                                 ______
                                 
  SA 1921. 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 subtitle B of title II of division C, add 
     the following:

     SEC. 3236. STATEMENT OF POLICY ON MODERNIZATION OF NUCLEAR 
                   TRIAD.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the modernization of land-based intercontinental 
     ballistic missiles, ballistic missile submarines, and 
     nuclear-capable heavy bomber aircraft is essential to the 
     success of any arms control efforts with the People's 
     Republic of China;
       (2) the bipartisan consensus on the modernization of the 
     nuclear triad was essential to the ratification of the Treaty 
     between the United States of America and the Russian 
     Federation on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed April 8, 2010, 
     and entered into force February 5, 2011 (commonly known as 
     the ``New START Treaty'');
       (3) continued support for modernization of the triad will 
     be a necessary consideration during ratification of any 
     future arms control treaty with the People's Republic of 
     China; and

[[Page S3340]]

       (4) the modernization of the United States nuclear triad is 
     a critical priority as the Russian Federation and the 
     People's Republic of China continue to advance and modernize 
     their nuclear forces.
       (b) Statement of Policy.--It is policy of the United 
     States--
       (1) to advance United States strategic deterrence 
     capabilities both quantitatively and qualitatively;
       (2) to ensure the safety, reliability, and performance of 
     United States nuclear forces; and
       (3) to fully modernize the United States nuclear triad to 
     ensure a credible deterrent.
                                 ______
                                 
  SA 1922. Ms. WARREN (for herself and 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 III of division E, add the following:

     SEC. 5311. REPORT ON FOREIGN INVESTMENT IN PHARMACEUTICAL 
                   INDUSTRY.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Federal Trade Commission, in consultation with the Secretary 
     of Commerce, shall submit to the appropriate congressional 
     committees, the Secretary of Health and Human Services, the 
     Committee on Foreign Investment in the United States, and the 
     Commissioner of Food and Drugs, a report on foreign 
     investment in the pharmaceutical industry of the United 
     States.
       (b) Elements.--The report required by subsection (a) shall 
     include an assessment of--
       (1) the supply chain of the pharmaceutical industry of the 
     United States and the effect of concentration and reliance on 
     foreign manufacturing within that industry;
       (2) the effect of foreign investment in the pharmaceutical 
     industry of the United States on domestic capacity to produce 
     drugs and active and inactive ingredients of drugs; and
       (3) the effect of foreign investment in technologies or 
     other products for sequencing or storage of DNA, including 
     genome and exome analysis, in the United States, including 
     the effect of such investment on the capacity to sequence or 
     store DNA in the United States.
       (c) Authority.--The Federal Trade Commission shall have 
     authority under section 6 of the Federal Trade Commission Act 
     (15 U.S.C. 46) to conduct the studies required to prepare the 
     report required by subsection (a).
       (d) Publication.--The Federal Trade Commission shall 
     publish an unclassified summary of the report required by 
     subsection (a) on a publicly available internet website of 
     the Commission.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Health, Education, Labor, and Pensions, the 
     Committee on Armed Services, the Committee on Foreign 
     Relations, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Energy and Commerce, the Committee on Armed Services, the 
     Committee on Foreign Affairs, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 1923. Ms. CANTWELL 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 281, between lines 19 and 20, insert the 
     following:
       ``(5) Public transparency.--
       ``(A) In general.--The Secretary shall create and maintain 
     a fully searchable database, accessible via the internet at 
     no cost to the public, that contains the following:
       ``(i) The name of each entity receiving a strategy 
     development grant or cooperative agreement under subsection 
     (e), a strategy implementation grant or cooperative agreement 
     under subsection (f), or any other funds under this section.
       ``(ii) The purpose for which such entity is receiving such 
     grant, cooperative agreement, or funds.
       ``(iii) Each interim or final report submitted by the 
     entity to the Secretary under this section.
       ``(iv) Such other information as the Secretary determines 
     sufficient to allow the public to understand and monitor 
     grants or cooperative agreements awarded under the program 
     required by subsection (b)(1).
       ``(B) Use of funds.--The Secretary may use amounts 
     appropriated pursuant to subsection (k) to carry out this 
     paragraph.
                                 ______
                                 
  SA 1924. 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:

        On page 23, between lines 7 and 8, insert the following:
       (5) Conditions of receipt.--
       (A) Required agreement.--A covered entity to which the 
     Secretary of Commerce awards Federal financial assistance 
     under section 9902 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283) or paragraph (3) of this subsection with 
     amounts appropriated under this subsection shall enter into 
     an agreement that specifies that, during the 5-year period 
     immediately following the award of the Federal financial 
     assistance--
       (i) the covered entity will not--

       (I) repurchase an equity security that is listed on a 
     national securities exchange of the covered entity or any 
     parent company of the covered entity, except to the extent 
     required under a contractual obligation that is in effect as 
     of the date of enactment of this Act;
       (II) outsource or offshore jobs to a location outside of 
     the United States;
       (III) pay any officer or employee a salary in an amount 
     that is greater than 50 times the median salary of employees 
     during the period lasting one year after the end of the 
     calendar quarter in which the Federal financial assistance is 
     awarded;
       (IV) abrogate existing collective bargaining agreements;
       (V) consider any individual performing a service for the 
     covered entity as an independent contractor, unless--

       (aa) the individual is free from control and direction in 
     connection with the performance of the service, both under 
     the contract for the performance of service and in fact;
       (bb) the service is performed outside the usual course of 
     the business of the covered entity; and
       (cc) the individual is customarily engaged in an 
     independently established trade, occupation, profession, or 
     business of the same nature as that involved in the service 
     performed; or

       (VI) outsource labor for the covered entity to an 
     independent contractor; and

       (ii) the covered entity will--

       (I) require any contractor or subcontractor for any 
     construction project funded by the Federal financial 
     assistance to enter into a pre-hire collective bargaining 
     agreement or a project labor agreement; and
       (II) remain neutral in any union organizing effort.

       (B) Financial protection of government.--
       (i) In general.--The Secretary of Commerce may not award 
     Federal financial assistance to a covered entity under 
     section 9902 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283) or paragraph (3) of this subsection with amounts 
     appropriated under this subsection, unless--

       (I)(aa) the covered entity has issued securities that are 
     traded on a national securities exchange; and
       (bb) the Secretary of the Treasury receives a warrant or 
     equity interest in the covered entity; or
       (II) in the case of any covered entity other than a covered 
     entity described in subclause (I), the Secretary of the 
     Treasury receives, in the discretion of the Secretary of the 
     Treasury--

       (aa) a warrant or equity interest in the covered entity; or
       (bb) a senior debt instrument issued by the covered entity.
       (ii) Terms and conditions.--The terms and conditions of any 
     warrant, equity interest, or senior debt instrument received 
     under clause (i) shall be set by the Secretary of Commerce 
     and shall meet the following requirements:

       (I) Purposes.--Such terms and conditions shall be designed 
     to provide for a reasonable participation by the Secretary of 
     Commerce, for the benefit of taxpayers, in equity 
     appreciation in the case of a warrant or other equity 
     interest, or a reasonable interest rate premium, in the case 
     of a debt instrument.
       (II) Authority to sell, exercise, or surrender.--For the 
     primary benefit of taxpayers, the Secretary of Commerce may 
     sell, exercise, or surrender a warrant or any senior debt 
     instrument received under this subparagraph. The Secretary of 
     Commerce shall not exercise voting power with respect to any 
     shares of common stock acquired under this subparagraph.

[[Page S3341]]

       (III) Sufficiency.--If the Secretary of Commerce determines 
     that a covered entity cannot feasibly issue warrants or other 
     equity interests as required by this subparagraph, the 
     Secretary of Commerce may accept a senior debt instrument in 
     an amount and on such terms as the Secretary of Commerce 
     deems appropriate.

       (C) Definitions.--In this paragraph:
       (i) Covered project labor agreement.--The term ``covered 
     project labor agreement'' means a project labor agreement 
     that--

       (I) binds all contractors and subcontractors on a 
     construction project through the inclusion of appropriate 
     specifications in all relevant solicitation provisions and 
     contract documents;
       (II) allows all contractors and subcontractors to compete 
     for contracts and subcontracts without regard to whether they 
     are otherwise a party to a collective bargaining agreement;
       (III) contains guarantees against strikes, lockouts, and 
     other similar job disruptions;
       (IV) sets forth effective, prompt, and mutually binding 
     procedures for resolving labor disputes arising during the 
     covered project labor agreement; and
       (V) provides other mechanisms for labor-management 
     cooperation on matters of mutual interest and concern, 
     including productivity, quality of work, safety, and health.

       (ii) Project labor agreement.--The term ``project labor 
     agreement'' means a pre-hire collective bargaining agreement 
     with one or more labor organizations that establishes the 
     terms and conditions of employment for a specific 
     construction project and is described in section 8(f) of the 
     National Labor Relations Act (29 U.S.C. 158(f)).
                                 ______
                                 
  SA 1925. 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:

        Beginning on page 499, strike line 20 and all that follows 
     through page 501, line 11.
                                 ______
                                 
  SA 1926. Mr. RISCH (for himself, Mr. Crapo, Ms. Rosen, Mrs. Capito, 
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 appropriate place, insert the following:

     SEC. __. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       Section 34 of the Small Business Act (15 U.S.C. 657d) is 
     amended--
       (1) in subsection (a), by adding at the end the following:
       ``(11) Underperforming state.--The term `underperforming 
     State' means a State participating in the SBIR or STTR 
     program that has been calculated by the Administrator to be 
     one of 26 States receiving the fewest SBIR and STTR first 
     phase awards (as described in paragraphs (4) and (6), 
     respectively, of section 9(e)).'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) in clause (iii), by striking ``and'' at the end;
       (II) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(v) to prioritize applicants located in an 
     underperforming State.'';
       (B) in paragraph (2)(B)(vi)--
       (i) in subclause (II), by striking ``and'' at the end; and
       (ii) by adding at the end the following:

       ``(IV) located in an underperforming State; and'';

       (C) in paragraph (3), by striking ``Not more than one 
     proposal'' and inserting ``There is no limit on the number of 
     proposals that''; and
       (D) by adding at the end the following:
       ``(6) Additional assistance for underperforming states.--
     Upon application by a recipient that is located in an 
     underperforming State, the Administrator may--
       ``(A) provide additional assistance to the recipient; and
       ``(B) waive the matching requirements under subsection 
     (e)(2).
       ``(7) Limitation on awards.--The Administrator may only 
     make 1 award or enter into 1 cooperative agreement per State 
     in a fiscal year.'';
       (3) in subsection (e)--
       (A) in paragraph (2)--
       (i) to by amending subparagraph (A) to read as follows:
       ``(A) In general.--The non-Federal share of the cost of an 
     activity (other than a planning activity) carried out using 
     an award or under a cooperative agreement under this section 
     shall be--
       ``(i) 25 cents for each Federal dollar, in the case of a 
     recipient that will serve small business concerns located in 
     an underperforming State, as calculated using the data from 
     the previous fiscal year; and
       ``(ii) except as provided in subparagraph (B), 75 cents for 
     each Federal dollar, in the case of a recipient that will 
     serve small business concerns located in a State that is not 
     described in clause (i) that is receiving SBIR and STTR first 
     phase awards, as described in paragraphs (4) and (6), 
     respectively, of section 9(e).'';
       (ii) in subparagraph (D), by striking ``, beginning with 
     fiscal year 2001'' and inserting ``and make publicly 
     available on the website of the Administration, beginning 
     with fiscal year 2022''; and
       (iii) by adding at the end the following:
       ``(E) Payment.--The non-Federal share of the cost of an 
     activity carried out by a recipient may be paid by the 
     recipient over the course of the period of the award or 
     cooperative agreement.''; and
       (B) by adding at the end the following:
       ``(4) Amount of award.--In carrying out the FAST program 
     under this section--
       ``(A) the Administrator shall make and enter into awards or 
     cooperative agreements;
       ``(B) each award or cooperative agreement described in 
     subparagraph (A) shall be for not more than $500,000, which 
     shall be provided over 2 fiscal years; and
       ``(C) any amounts left unused in the third quarter of the 
     second fiscal year may be retained by the Administrator for 
     future FAST program awards.
       ``(5) Reporting.--Not later than 6 months after receiving 
     an award or entering into a cooperative agreement under this 
     section, a recipient shall report to the Administrator--
       ``(A) the number of awards made under the SBIR or STTR 
     program;
       ``(B) the number of applications submitted for the SBIR or 
     STTR program;
       ``(C) the number of consulting hours spent;
       ``(D) the number of training events conducted; and
       ``(E) any issues encountered in the management and 
     application of the FAST program.'';
       (4) in subsection (f)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``Small Business Innovation Research 
     Program Reauthorization Act of 2000'' and inserting ``United 
     States Innovation and Competition Act''; and
       (II) by inserting ``and Entrepreneurship'' before ``of the 
     Senate'';

       (ii) in subparagraph (B), by striking ``and'' at the end;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) a description of the process used to ensure that 
     underperforming States are given priority application status 
     under the FAST program.''; and
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``Annual'' and 
     inserting ``Biennial'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``annual'' and inserting ``biennial'';
       (iii) in subparagraph (B), by striking ``and'' at the end;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) the proportion of awards provided to and cooperative 
     agreements entered into with underperforming States; and
       ``(E) a list of the States that were determined by the 
     Administrator to be underperforming States, and a description 
     of any changes in the list compared to previously submitted 
     reports.''; and
       (5) in subsection (g)(2)--
       (A) by striking ``2004'' and inserting ``2022''; and
       (B) by inserting ``and Entrepreneurship'' before ``of the 
     Senate''.
                                 ______
                                 
  SA 1927. Mr. ROMNEY 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 C of title IV of division D, add 
     the following:

     SEC. 4463. REPORT ON DOMESTIC PROCESSING OF RARE EARTHS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Acquisition and Sustainment shall submit to the appropriate 
     committees of Congress a report on the authority and funding 
     required to create long-term contracts for domestic 
     processing of heavy rare earths sufficient to achieve

[[Page S3342]]

     supply chain independence for the United States Armed Forces 
     and key allies and partners of the United States.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimate of the annual demand for processed heavy 
     rare earths for the United States Armed Forces and key allies 
     and partners of the United States.
       (2) An outline of the necessary processed heavy rare earths 
     value chain required to support the needs of the Department 
     of Defense.
       (3) An assessment of gaps in the outline described in 
     paragraph (2) indicating where sufficient domestic capacity 
     already exists and where such capacity does not exist.
       (4) An identification of any Federal funds, including any 
     funds made available under title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.), currently 
     being deployed to support creation of domestic capacity to 
     address those gaps.
       (5) An estimate of the additional capital investment 
     required to build and operate capacity to address those gaps.
       (6) An estimate of the annual funding necessary for the 
     Department of Defense to procure domestically processed heavy 
     rare earths sufficient to meet its annual needs, including 
     consideration of increased investments from private sector 
     capital.
       (7) An estimate of the cost difference between the 
     Department of Defense sourcing rare earths processed in the 
     United States and sourcing rare earths on the open market.
       (8) An identification of how the Department of Defense 
     would direct its weapon suppliers to use the domestically 
     processed heavy rare earths.
       (9) An assessment of what changes, if any, to authorities 
     under title III of the Defense Production Act of 1950 are 
     necessary to enter into a long-term offtake agreement to 
     contract for domestically processed rare earths.
       (10) An assessment of the length of potential contracts 
     necessary for preventing the collapse of domestic processing 
     of rare earths in the case of price fluctuations from 
     increases in the People's Republic of China's export quota.
       (11) Recommendations for international cooperation with 
     allies to jointly reduce dependence on rare earths processed 
     in the People's Republic of China.
       (c) Form of Report.--The report required by subsection (a) 
     shall be submitted in classified form but shall include an 
     unclassified summary.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Energy and Natural Resources, the 
     Committee on Armed Services, the Committee on Foreign 
     Relations, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate; and
       (2) the Committee on Natural Resources, the Committee on 
     Armed Services, the Committee on Foreign Affairs, and the 
     Committee on Financial Services of the House of 
     Representatives.
                                 ______
                                 
  SA 1928. Mr. ROMNEY (for himself and 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:

        In subtitle A of title II of division C, insert after 
     section 3217 the following:

     SEC. 3218. REPORT AND SANCTIONS WITH RESPECT TO EFFORTS BY 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO 
                   CENSOR INFORMATION REGARDING THE PANDEMIC 
                   CAUSED BY SARS-COV-2.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the Secretary of State, 
     the Secretary of Health and Human Services, and the heads of 
     such other Federal agencies as the Director considers 
     appropriate, shall submit to the appropriate committees of 
     Congress a report on actions taken by the Government of the 
     People's Republic of China to censor information regarding 
     the pandemic caused by the SARS-CoV-2 virus.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A review of the response, including any arbitrary 
     detentions, forced disappearances, other retaliation, or 
     suppression of freedom of expression, of the Government of 
     the People's Republic of China to individuals who provided or 
     attempted to provide accurate epidemiological information 
     related to SARS-CoV-2 or warn of the potential seriousness or 
     impact of SARS-CoV-2, including Li Wenliang and other 
     doctors, journalists, other citizens of the People's Republic 
     of China, and other relevant persons.
       (B) An identification of keywords banned by the internet 
     firewall system of the Government of the People's Republic of 
     China (known as the ``Great Firewall'') during the quarantine 
     in Wuhan or thereafter relevant to the pandemic caused by 
     SARS-CoV-2.
       (C) Any other elements that the Secretary considers 
     relevant.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (4) Public availability.--The Director shall make available 
     to the public the unclassified portion of the report 
     submitted under paragraph (1).
       (b) List of Government Officials.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     State, in consultation with the Director of National 
     Intelligence, the Secretary of the Treasury, the Secretary of 
     Health and Human Services, and the heads of such other 
     Federal agencies as the Secretary of State considers 
     appropriate, shall submit to the appropriate committees of 
     Congress a list identifying officials of the Government of 
     the People's Republic of China responsible for any of the 
     following actions with respect to individuals who provided or 
     attempted to provide accurate epidemiological information 
     related to SARS-CoV-2 or warn of the potential seriousness or 
     impact of SARS-CoV-2:
       (1) Arbitrary detention.
       (2) Forced disappearance.
       (3) Other retaliation.
       (4) Suppression of freedom of expression.
       (c) Imposition of Sanctions.--The President shall impose 
     the following sanctions with respect to each person on the 
     list required by subsection (b):
       (1) Blocking of property.--The exercise of all powers 
     granted to the President by the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
     necessary to 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 a person 
     that is an alien, the alien is--
       (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) is 
     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) 
     shall--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.

       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (c)(1) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (e) National Interest Waiver.--The President may waive the 
     imposition of sanctions under subsection (c) with respect to 
     a person if the President--
       (1) determines that such a waiver is in the national 
     interests of the United States; and
       (2) submits to the appropriate committees of Congress a 
     notification of the waiver and the reasons for the waiver.
       (f) Exceptions.--
       (1) Intelligence activities.--This section shall not apply 
     with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Law enforcement activities.--Sanctions under this 
     section shall not apply with respect to any authorized law 
     enforcement activities of the United States.
       (3) Exception to comply with international agreements.--
     Subsection (c)(2)(B) shall not apply with respect to the 
     admission of an alien to the United States if such admission 
     is necessary to comply with the obligations of the United 
     States under 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, under the Convention on 
     Consular Relations, done at Vienna April 24, 1963, and 
     entered into force March 19, 1967, or under other 
     international agreements.
       (4) 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

[[Page S3343]]

     and test equipment, and excluding technical data.
       (g) Definitions.--In this section:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     to the United States for permanent residence; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States.
                                 ______
                                 
  SA 1929. 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. ____. REGULATORY OVERSIGHT AND REVIEW TASK FORCE.

       (a) Establishment.--There is established a task force to be 
     known as the ``Regulatory Oversight and Review Task Force'' 
     (referred to in this section as the ``Task Force'').
       (b) Membership.--
       (1) In general.--The Task Force shall be composed of--
       (A) the Director of the Office of Management and Budget, 
     who shall serve as the Chairperson of the Task Force;
       (B) 1 representative of the Office of Information and 
     Regulatory Affairs; and
       (C) 10 individuals from the private sector, who shall be 
     appointed by the President.
       (2) Qualifications of private sector members.--
       (A) Expertise.--Each member of the Task Force appointed 
     under paragraph (1)(C) shall be an individual with expertise 
     in a key technology focus area, as defined in section 2002.
       (B) Small business concerns.--Not fewer than 5 of the 
     members of the Task Force appointed under paragraph (1)(C) 
     shall be representatives of a small business concern, as 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632).
       (C) Political affiliation.--Not more than 5 of the members 
     of the Task Force appointed under paragraph (1)(C) may be 
     affiliated with the same political party.
       (3) Appointment.--Not later than 30 days after the date of 
     enactment of this Act, the President shall appoint each 
     member of the Task Force under paragraph (1)(C).
       (c) Consultation With GAO.--In carrying out its functions 
     under this section, the Task Force shall consult with the 
     Government Accountability Office.
       (d) No Compensation.--A member of the Task Force may not 
     receive any compensation for serving on the Task Force.
       (e) Evaluation of Regulations.--The Task Force shall 
     evaluate, and provide recommendations for modification, 
     consolidation, harmonization, or repeal of, Federal 
     regulations that--
       (1) exclude or otherwise inhibit competition, causing 
     industries of the United States to be less competitive with 
     global competitors;
       (2) create barriers to entry for United States businesses, 
     including entrepreneurs and startups;
       (3) increase the operating costs for domestic 
     manufacturing;
       (4) impose substantial compliance costs and other burdens 
     on industries of the United States, making those industries 
     less competitive with global competitors;
       (5) impose burdensome and lengthy permitting processes and 
     requirements;
       (6) impact energy production by United States businesses 
     and make the United States dependent on foreign countries for 
     energy supply;
       (7) restrict domestic mining, including the mining of 
     critical minerals; or
       (8) inhibit capital formation in the economy of the United 
     States.
       (f) Website.--The Task Force shall establish and maintain a 
     user-friendly, public-facing website to be--
       (1) a portal for the submission of written comments under 
     subsection (h); and
       (2) a gateway for reports and key information.
       (g) Duty of Federal Agencies.--Upon request of the Task 
     Force, a Federal agency shall provide applicable documents 
     and information to help the Task Force carry out its 
     functions under this section.
       (h) Written Recommendations.--
       (1) In general.-- Not later than 15 days after the first 
     meeting of the Task Force, the Task Force shall initiate a 
     process to solicit and collect written recommendations 
     regarding regulations described in subsection (e) from the 
     general public, interested parties, Federal agencies, and 
     other relevant entities.
       (2) Manner of submission.--The Task Force shall allow 
     written recommendations under paragraph (1) to be submitted 
     through--
       (A) the website of the Task Force;
       (B) regulations.gov;
       (C) the mail; or
       (D) other appropriate written means.
       (3) Publication.--The Task Force shall publish each 
     recommendation submitted under paragraph (1)--
       (A) in the Federal Register;
       (B) on the website of the Task Force; and
       (C) on regulations.gov.
       (4) Public outreach.--In addition to soliciting and 
     collecting written recommendations under paragraph (1), the 
     Task Force shall conduct public outreach and convene focus 
     groups throughout the United States to solicit feedback and 
     public comments regarding regulations described in subsection 
     (e).
       (5) Review and consideration.--The Task Force shall review 
     the information received under paragraphs (1) and (4) and 
     consider including that information in the reports and 
     special message required under subsections (i) and (j), 
     respectively.
       (i) Reports.--
       (1) In general.--The Task Force shall submit quarterly and 
     annual reports to Congress on the findings of the Task Force 
     under this section.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall--
       (A) analyze the Federal regulations identified in 
     accordance with subsection (e); and
       (B) provide recommendations for modifications, 
     consolidation, harmonization, and repeal of the regulations 
     described in subparagraph (A) of this paragraph.
       (j) Special Message to Congress.--
       (1) Definition.--In this subsection, the term ``covered 
     resolution'' means a joint resolution--
       (A) the matter after the resolving clause of which contains 
     only--
       (i) a list of some or all of the regulations that were 
     recommended for repeal in a special message submitted to 
     Congress under paragraph (2); and
       (ii) a provision that immediately repeals the listed 
     regulations upon enactment of the joint resolution; and
       (B) upon which Congress completes action before the end of 
     the first period of 60 calendar days after the date on which 
     the special message described in subparagraph (A)(i) of this 
     paragraph is received by Congress.
       (2) Submission.--
       (A) In general.--Not later than the first day on which both 
     Houses of Congress are in session after May 1 of each year, 
     the Director of the Office of Management and Budget shall 
     submit to Congress, on behalf of the Task Force, a special 
     message that--
       (i) details each regulation that the Task Force recommends 
     for repeal; and
       (ii) explains why each regulation should be repealed.
       (B) Delivery to house and senate; printing.--Each special 
     message submitted under subparagraph (A) shall be--
       (i) delivered to the Clerk of the House of Representatives 
     and the Secretary of the Senate; and
       (ii) printed in the Congressional Record.
       (3) Procedure in house and senate.--
       (A) Referral.--A covered resolution shall be referred to 
     the appropriate committee of the House of Representatives or 
     the Senate, as the case may be.
       (B) Discharge of committee.--If the committee to which a 
     covered resolution has been referred has not reported the 
     resolution at the end of 25 calendar days after the 
     introduction of the resolution--
       (i) the committee shall be discharged from further 
     consideration of the resolution; and
       (ii) the resolution shall be placed on the appropriate 
     calendar.
       (4) Floor consideration in the house.--
       (A) Motion to proceed.--
       (i) In general.--When the committee of the House of 
     Representatives has reported, or has been discharged from 
     further consideration of, a covered resolution, it shall at 
     any time thereafter be in order (even though a previous 
     motion to the same effect has been disagreed to) to move to 
     proceed to the consideration of the resolution.
       (ii) Privilege.--A motion described in clause (i) shall be 
     highly privileged and not debatable.
       (iii) No amendment or motion to reconsider.--An amendment 
     to a motion described in clause (i) shall not be in order, 
     nor shall it be in order to move to reconsider the vote by 
     which the motion is agreed to or disagreed to.
       (B) Debate.--
       (i) In general.--Debate in the House of Representatives on 
     a covered resolution shall be limited to not more than 2 
     hours, which shall be divided equally between those favoring 
     and those opposing the resolution.
       (ii) No motion to reconsider.--It shall not be in order in 
     the House of Representatives to move to reconsider the vote 
     by which a covered resolution is agreed to or disagreed to.

[[Page S3344]]

       (C) No motion to postpone consideration or proceed to 
     consideration of other business.--In the House of 
     Representatives, motions to postpone, made with respect to 
     the consideration of a covered resolution, and motions to 
     proceed to the consideration of other business, shall not be 
     in order.
       (D) Appeals from decisions of chair.--An appeal from the 
     decision of the Chair relating to the application of the 
     Rules of the House of Representatives to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (5) Floor consideration in the senate.--
       (A) Motion to proceed.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, when the committee of the Senate to 
     which a covered resolution is referred has reported, or has 
     been discharged from further consideration of, a covered 
     resolution, it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution and all points of order against the covered 
     resolution are waived.
       (ii) Division of time.--A motion to proceed described in 
     clause (i) is subject to 4 hours of debate divided equally 
     between those favoring and those opposing the covered 
     resolution.
       (iii) No amendment or motion to postpone or proceed to 
     other business.--A motion to proceed described in clause (i) 
     is not subject to--

       (I) amendment;
       (II) a motion to postpone; or
       (III) a motion to proceed to the consideration of other 
     business.

       (B) Floor consideration.--
       (i) General.--In the Senate, a covered resolution shall be 
     subject to 10 hours of debate divided equally between those 
     favoring and those opposing the covered resolution.
       (ii) Amendments.--In the Senate, no amendment to a covered 
     resolution shall be in order, except an amendment that 
     strikes from or adds to the list required under paragraph 
     (1)(A)(i) a regulation recommended for repeal by the Task 
     Force.
       (iii) Motions and appeals.--In the Senate, a motion to 
     reconsider a vote on final passage of a covered resolution 
     shall not be in order, and points of order, including 
     questions of relevancy, and appeals from the decision of the 
     Presiding Officer, shall be decided without debate.
       (6) Receipt of resolution from other house.--If, before 
     passing a covered resolution, one House receives from the 
     other a covered resolution--
       (A) the covered 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 on which it is received; 
     and
       (B) the procedures set forth in paragraph (4) or (5), as 
     applicable, shall apply in the receiving House to the covered 
     resolution received from the other House to the same extent 
     as those procedures apply to a covered resolution of the 
     receiving House.
       (7) Rules of the house of representatives and the senate.--
     Paragraphs (3) through (7) are enacted by Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedures to be followed 
     in the House in the case of covered resolutions, and 
     supersede other rules only to the extent that they are 
     inconsistent with such other rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating 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.
                                 ______
                                 
  SA 1930. Mr. MANCHIN (for himself and Mr. Cramer) 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, add the following:

                 TITLE IV--INTERNATIONAL NUCLEAR ENERGY

     SEC. 6401. DEFINITIONS.

       In this title:
       (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) Ally or partner nation.--The term ``ally or partner 
     nation'' means the Government of each of the following:
       (A) A country that is a member of the North Atlantic Treaty 
     Organization.
       (B) Japan.
       (C) The Republic of Korea.
       (D) Australia.
       (E) Switzerland.
       (F) Sweden.
       (G) Finland.
       (H) Any other country designated as an ally or partner 
     nation by the Secretary of State for purposes of this title.
       (3) Associated entity.--The term ``associated entity'' 
     means an entity that--
       (A) is owned, controlled, or dominated by--
       (i) an ally or partner nation; or
       (ii) an associated individual; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, a country described in any of 
     subparagraphs (A) through (H) of paragraph (2), including a 
     corporation that is incorporated in a country described in 
     any of those subparagraphs.
       (4) Associated individual.--The term ``associated 
     individual'' means an alien who is a national of a country 
     described in any of subparagraphs (A) through (H) of 
     paragraph (2).
       (5) Newcomer nuclear nation.--The term ``newcomer nuclear 
     nation'' means a country that--
       (A) does not have a civil nuclear program;
       (B) is in the process of developing a civil nuclear 
     program, including safeguards and a legal and regulatory 
     framework, for--
       (i) nuclear safety;
       (ii) nuclear security;
       (iii) radioactive waste management; and
       (iv) nuclear energy; or
       (C) is in the process of selecting, developing, 
     constructing, or utilizing advanced nuclear reactors or 
     advanced nuclear technologies.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (7) Special assistant.--The term ``Special Assistant'' 
     means the Special Assistant to the President and Director for 
     Nuclear Energy Policy described in section 6402(a)(3)(A).
       (8) Team usa.--The term ``Team USA'' means the interagency 
     initiative to identify opportunities in emerging economies or 
     newcomer nuclear nations for topics such as--
       (A) nuclear plant construction;
       (B) nuclear fuel services;
       (C) nuclear energy financing;
       (D) nuclear plant operations;
       (E) nuclear plant regulation;
       (F) nuclear medicine;
       (G) infrastructure support for nuclear energy; and
       (H) nuclear plant decommissioning.
       (9) US nuclear energy company.--The term ``US nuclear 
     energy company'' means a nuclear energy company organized 
     under the laws of, or otherwise subject to the jurisdiction 
     of, the United States.

     SEC. 6402. CIVIL NUCLEAR COORDINATION AND STRATEGY.

       (a) Office of the Special Assistant to the President and 
     Director for Nuclear Energy Policy.--
       (1) Establishment.--There is established in the Executive 
     Office of the President an office, to be known as the 
     ``Office of the Special Assistant to the President and 
     Director for Nuclear Energy Policy'' (referred to in this 
     subsection as the ``Office'').
       (2) Mission.--The Office shall act as the single 
     coordinating office for--
       (A) civil nuclear cooperation; and
       (B) civil nuclear export strategy.
       (3) Leadership.--
       (A) Special assistant.--
       (i) In general.--The Office shall be headed by the Special 
     Assistant to the President and Director for Nuclear Energy 
     Policy, who shall be appointed by the President.
       (ii) Reporting.--The Special Assistant shall report 
     directly to the President.
       (iii) Duties.--The Special Assistant shall--

       (I) coordinate civil nuclear exports from the United 
     States;
       (II) develop a cohesive Federal strategy for engagement 
     with foreign governments (including ally or partner nations 
     and newcomer nuclear nations), associated entities, 
     associated individuals, and international lending 
     institutions with respect to civil nuclear exports; and
       (III) develop--

       (aa) a whole-of-government coordinating strategy for civil 
     nuclear cooperation;
       (bb) a whole-of-government strategy for civil nuclear 
     exports; and
       (cc) a whole-of-government approach to support foreign 
     investment in domestic construction projects.
       (B) Deputy special assistant.--The Special Assistant shall 
     appoint a Deputy Special Assistant with experience in 
     advising on civil nuclear project development and financing.
       (4) Staff.--
       (A) Senior advisors.--
       (i) In general.--The Special Assistant shall select a staff 
     of not fewer than 4, and not more than 6, Senior Advisors to 
     assist in the mission of the Office.
       (ii) Requirement.--The Senior Advisors selected under 
     clause (i) shall be composed of individuals with diverse 
     industry and government backgrounds, including individuals 
     with backgrounds in--

       (I) project financing;
       (II) construction development;
       (III) contract structuring and risk allocation;
       (IV) regulatory and licensing processes;
       (V) civil nuclear electric and nonelectric applications of 
     nuclear technologies; and
       (VI) government-to-government negotiations.

       (B) Other staff.--The Special Assistant may hire such other 
     additional personnel as may be necessary to carry out the 
     mission of the Office.
       (b) Nuclear Exports Working Group.--
       (1) Establishment.--There is established a working group, 
     to be known as the ``Nuclear Exports Working Group'' 
     (referred to in this subsection as the ``working group'').

[[Page S3345]]

       (2) Composition.--The working group shall be composed of--
       (A) senior-level Federal officials, selected internally by 
     the applicable Federal agency or organization, from--
       (i) the Department of State;
       (ii) the Department of Commerce;
       (iii) the Department of Energy;
       (iv) the Department of the Treasury;
       (v) the Export-Import Bank of the United States;
       (vi) the United States International Development Finance 
     Corporation; and
       (vii) the Nuclear Regulatory Commission;
       (B) other senior-level Federal officials, selected 
     internally by the applicable Federal agency or organization, 
     from any other Federal agency or organization that the 
     Secretary determines to be appropriate; and
       (C) any senior-level Federal official selected by the 
     Special Assistant from any Federal agency or organization.
       (3) Reporting.--The working group shall report to the 
     Special Assistant.
       (4) Duties.--The working group shall--
       (A) provide direction and advice to the Special Assistant; 
     and
       (B) submit to the Civil Nuclear Trade Advisory Committee 
     and the Nuclear Energy Advisory Committee of the Department 
     of Energy quarterly reports on the standing of civil nuclear 
     exports from the United States, including with respect to 
     meeting the targets established as part of the 5-year civil 
     nuclear trade strategy described in paragraph (5)(A).
       (5) Strategy.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the working group shall establish a 5-
     year civil nuclear trade strategy, including targets for the 
     export of civil nuclear technologies and materials that align 
     with meeting international energy demand while seeking to 
     avoid or reduce emissions.
       (B) Collaboration required.--In establishing the strategy 
     under subparagraph (A), the working group shall collaborate 
     with--
       (i) the Secretary;
       (ii) the Secretary of Commerce;
       (iii) the Secretary of State;
       (iv) the Secretary of the Treasury;
       (v) the Nuclear Regulatory Commission;
       (vi) the President of the Export-Import Bank of the United 
     States;
       (vii) representatives of the Infrastructure Development and 
     Finance Corporation;
       (viii) representatives of private industry; and
       (ix) representatives of ally or partner nations and 
     newcomer nuclear nations.

     SEC. 6403. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.

       (a) In General.--The Nuclear Regulatory Commission, in 
     coordination with the Secretary of State, Team USA, and the 
     Special Assistant, shall launch an international initiative 
     to modernize the civil nuclear outreach carried out by the 
     United States for the purpose of establishing cooperative 
     financing relationships for the export of civil nuclear 
     technology to countries in the coalition described in 
     subsection (b).
       (b) Coalition Described.--The coalition referred to in 
     subsection (a) is a coalition of countries that--
       (1) is developed for purposes of carrying out the 
     initiative described in subsection (a); and
       (2) includes each ally or partner nation that is willing to 
     participate in the coalition.
       (c) Activities.--In carrying out the initiative described 
     in subsection (a), the Nuclear Regulatory Commission shall--
       (1) provide funding to the International Atomic Energy 
     Agency to provide education and training to foreign 
     governments in nuclear safety, security, and safeguards;
       (2) assist the efforts of the International Atomic Energy 
     Agency to expand the support provided by the International 
     Atomic Energy Agency to newcomer nuclear nations for nuclear 
     safety, security, and safeguards;
       (3) expand outreach by the Special Assistant to the private 
     investment community to create public-private financing 
     relationships to assist in the export of civil nuclear 
     technology to countries in the coalition described in 
     subsection (b);
       (4) seek to harmonize, to the maximum extent practicable, 
     the work carried out by the Nuclear Regulatory Commission, 
     the work carried out by the International Atomic Energy 
     Agency, and the work carried out by the nuclear regulatory 
     agencies and organizations of newcomer nuclear nations and 
     ally or partner nations; and
       (5) support the establishment of new regulatory measures 
     and a new regulatory framework for the expeditious exporting 
     and importing of civil nuclear technologies and materials.

     SEC. 6404. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR 
                   PARTNER NATIONS.

       The Secretary of State and the Secretary of Commerce, in 
     coordination with the Special Assistant, shall develop 
     cooperative financing relationships with ally or partner 
     nations or newcomer nuclear nations to advance civil nuclear 
     exports.

     SEC. 6405. EXPORT CONTROLS.

       (a) Fast-track Procedures.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall promulgate a 
     regulation revising part 810 of title 10, Code of Federal 
     Regulations, to establish fast-track procedures, which may be 
     similar to existing fast-track procedures in existing Federal 
     export-control regulations--
       (A) for deemed exports to--
       (i) a list of countries defined by the Secretary; or
       (ii) destinations based on country criteria defined by the 
     Secretary;
       (B) for widely deployed technologies available from 
     multiple suppliers, such as light water reactor technology; 
     or
       (C) to provide subsequent specific authorizations for a 
     subset of the activities described in section 810.2 of that 
     title with respect to a country after the first specific 
     authorization with respect to that country is approved by the 
     Secretary.
       (2) Subsequent authorizations.--Fast-track procedures to 
     provide subsequent specific authorizations as described in 
     paragraph (1)(C) may be for--
       (A) types of activities that are commensurate with the 
     types of activities covered by the applicable first specific 
     authorization described in that paragraph; or
       (B) a broader set of activities than the activities covered 
     by the applicable first specific authorization.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on--
       (A) the processing times for applications for specific 
     authorization submitted to the Secretary for activities 
     described in section 810.7 of title 10, Code of Federal 
     Regulations, for the 2-year period ending on that date of 
     enactment; and
       (B) the average time taken for each step in the processing 
     of those applications.
       (2) Requirements.--
       (A) Authorization categories.--The report under paragraph 
     (1) shall contain a breakdown of the information described in 
     that paragraph by the following categories of specific 
     authorizations:
       (i) Deemed exports.
       (ii) Enrichment and reprocessing transfers (also referred 
     to as ``ENR'').
       (iii) All other exports.
       (B) Dates.--The report under paragraph (1) shall include, 
     with respect to each application covered by the report, the 
     amount of time taken for each step in the processing of the 
     application.
       (C) Analysis of other countries.--The report under 
     paragraph (1) shall provide an analysis of the application-
     processing times of other countries with respect to the same 
     or similar categories of authorizations described in 
     subparagraph (A), including the processing times of--
       (i) the Governments of--

       (I) Russia;
       (II) China; and
       (III) India; and

       (ii) each ally or partner nation.
       (D) Processing.--The report under subparagraph (A) shall 
     provide details with respect to how the Department of Energy 
     is handling the processing of applications for a specific 
     authorization submitted to the Secretary under section 810.9 
     of title 10, Code of Federal Regulations (or successor 
     regulations), in light of the August 13, 2018, amendment to 
     section 161 n. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(n)) made by section 3116(a) of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232; 132 Stat. 2291), including whether any 
     changes in the delegation of functions by the Secretary have 
     been formalized within the Department of Energy.

     SEC. 6406. COOPERATION WITH ALLY OR PARTNER NATIONS ON 
                   ADVANCED NUCLEAR REACTOR DEMONSTRATION AND THE 
                   VERSATILE TEST REACTOR.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Secretary of State, the Secretary of Commerce, and the 
     Special Assistant, shall conduct bilateral and multilateral 
     meetings with not fewer than 5 ally or partner nations, with 
     the aim of enhancing nuclear energy cooperation among those 
     ally or partner nations and the United States, for the 
     purpose of developing collaborative relationships with 
     respect to research, development, and deployment of advanced 
     nuclear reactor technologies.
       (b) Requirement.--The meetings described in subsection (a) 
     shall include--
       (1) a focus on cooperation to demonstrate and deploy 
     advanced nuclear reactors during the 10-year period beginning 
     on the date of enactment of this Act to provide options for 
     addressing climate change by 2050; and
       (2) a focus on developing a memorandum of understanding or 
     any other appropriate agreement between the United States and 
     ally or partner nations with respect to--
       (A) the demonstration and deployment of advanced nuclear 
     reactors; and
       (B) the Versatile Test Reactor.
       (c) Financing Arrangements.--In conducting the meetings 
     described in subsection (a), the Secretary, in coordination 
     with the Secretary of State, the Secretary of Commerce, and 
     the Special Assistant, shall seek to develop financing 
     arrangements to share the costs of the demonstration and 
     deployment of advanced nuclear reactors and the Versatile 
     Test Reactor with the ally or partner nations participating 
     in those meetings.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, the Secretary of State, 
     and the Secretary of Commerce shall jointly submit to 
     Congress a report highlighting potential partners--
       (1) for the establishment of cost-share arrangements 
     described in subsection (c); or

[[Page S3346]]

       (2) with which the United States may enter into agreements 
     with respect to--
       (A) the demonstration of advanced nuclear reactors; or
       (B) the Versatile Test Reactor.

     SEC. 6407. INTERNATIONAL NUCLEAR ENERGY COOPERATION.

       Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 
     16279b) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``The Secretary'' and inserting the following:
       ``(a) In General.--The Secretary'';
       (2) in subsection (a) (as so designated)--
       (A) in paragraph (1)--
       (i) by striking ``financing,''; and
       (ii) by striking ``and'' after the semicolon at the end;
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``preparations for''; 
     and
       (ii) in subparagraph (C)(v), by striking the period at the 
     end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) to support, in consultation with the Secretary of 
     State, the safe, secure, and peaceful use of nuclear 
     technology in countries developing nuclear energy programs, 
     with a focus on countries that have increased civil nuclear 
     cooperation with Russia or China.''; and
       (3) by adding at the end the following:
       ``(b) Requirements.--The program under subsection (a) 
     shall--
       ``(1) with respect to the function described in subsection 
     (a)(3), be modeled after the International Military Education 
     and Training program of the Department of State; and
       ``(2) be carried out--
       ``(A) to facilitate, to the maximum extent practicable, 
     workshops and expert-based exchanges to engage industry, 
     stakeholders, and foreign governments with respect to 
     international civil nuclear issues, such as--
       ``(i) training;
       ``(ii) financing;
       ``(iii) safety;
       ``(iv) security;
       ``(v) safeguards;
       ``(vi) operations; and
       ``(vii) options for multinational cooperation with respect 
     to the disposal of spent nuclear fuel (as defined in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); 
     and
       ``(B) in coordination with--
       ``(i) the National Security Council;
       ``(ii) the Secretary of State;
       ``(iii) the Secretary of Commerce; and
       ``(iv) the Nuclear Regulatory Commission.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out subsection 
     (a)(3) $15,500,000 for each of fiscal years 2022 through 
     2026.''.

     SEC. 6408. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Special Assistant shall launch an 
     international initiative (referred to in this section as the 
     ``initiative'') to provide grants, in accordance with this 
     section--
       (1) to newcomer nuclear nations for activities relating to 
     the development of civil nuclear programs; and
       (2) to countries that are not newcomer nuclear nations for 
     the construction of nuclear reactors and advanced nuclear 
     reactors.
       (b) Grants.--
       (1) In general.--In carrying out the initiative, the 
     Special Assistant may award not more than 1 grant to each 
     country, including each newcomer nuclear nation, each fiscal 
     year.
       (2) Amount.--The amount of a grant awarded under the 
     initiative shall be not more than $1,000,000.
       (3) Limitations.--
       (A) In general.--The Special Assistant may award not more 
     than 5 grants under the initiative to a single country, 
     including each newcomer nuclear nation.
       (B) Purpose of certain grants.--The Special Assistant may 
     award a grant under the initiative to a country that is not a 
     newcomer nuclear nation if the grant is made for the purpose 
     of constructing a nuclear reactor or an advanced nuclear 
     reactor in that country.
       (c) Senior Advisors.--
       (1) In general.--In carrying out the initiative, the 
     Special Assistant shall provide a grant to a newcomer nuclear 
     nation only if the newcomer nuclear nation is interested in 
     partnering with, and agrees to partner with, a US nuclear 
     energy company to hire 1 or more qualified senior advisors to 
     assist the newcomer nuclear nation in establishing a civil 
     nuclear program.
       (2) Requirement.--A senior advisor described in paragraph 
     (1) shall seek to advise the newcomer nuclear nation on, and 
     facilitate on behalf of the newcomer nuclear nation, 1 or 
     more of the following:
       (A) The development of financing relationships.
       (B) The development of a standardized financing and project 
     management framework for the construction of nuclear power 
     plants.
       (C) The development of a standardized licensing framework 
     for light water and non-light water civil nuclear 
     technologies.
       (D) The identification of qualified organizations and 
     service providers.
       (E) The identification of funds to support payment for 
     services required to develop a civil nuclear program.
       (F) Market analysis.
       (G) The identification of the safety, security, safeguards, 
     and nuclear governance required for a civil nuclear program.
       (H) Risk allocation and risk management.
       (I) Technical assessments of nuclear reactors and 
     technologies.
       (J) Any other major activities to support the establishment 
     of a civil nuclear program, such as the establishment of 
     export, financing, construction, training, operations, and 
     education requirements.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the 
     initiative $20,000,000 for each of fiscal years 2022 through 
     2026.

     SEC. 6409. BIENNIAL NUCLEAR SAFETY, SECURITY, AND SAFEGUARDS 
                   SUMMIT.

       (a) In General.--The Secretary, the Secretary of State, the 
     Secretary of Defense, the Secretary of Commerce, the Nuclear 
     Regulatory Commission, and the Special Assistant shall hold a 
     biennial nuclear safety, security, and safeguards summit 
     (referred to in this section as a ``summit'').
       (b) Location.--Each summit shall be held in--
       (1) Washington, DC; or
       (2) a country described in any of subparagraphs (A) through 
     (H) of section 6401(2).
       (c) Requirement.--Each summit shall--
       (1) be a forum in which leaders of ally or partner nations 
     may engage with each other for the purpose of reinforcing the 
     commitment to nuclear safety, security, and safeguards; and
       (2) facilitate the development of--
       (A) joint commitments and goals to improve nuclear material 
     safety, security, and safeguards; and
       (B) stronger international institutions that support 
     nuclear safety, security, and safeguards.
       (d) Input From Industry.--Each summit shall include a 
     meeting that convenes nuclear industry leaders to discuss 
     best practices relating to--
       (1) the safe and secure use, storage, and transport of 
     nuclear and radiological materials;
       (2) managing the evolving cyber threat to nuclear and 
     radiological security; and
       (3) the role that the nuclear industry should play in 
     nuclear and radiological safety, security, and safeguards, 
     including with respect to the safe and secure use, storage, 
     and transport of nuclear and radiological materials.
       (e) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, and 120 days after the end of each 
     summit, the Secretary, the Secretary of State, the Secretary 
     of Defense, the Secretary of Commerce, the Nuclear Regulatory 
     Commission, and the Special Assistant shall jointly submit to 
     Congress a report highlighting--
       (A) any commitments made by the United States or 
     international partners of the United States, including an 
     ally or partner nation, with respect to nuclear safety, 
     security, or safeguards; and
       (B) the objectives that the parties to those commitments 
     agreed to meet.
       (2) Requirement.--The report under paragraph (1) shall 
     detail--
       (A) any current and continuing nuclear security threat;
       (B) any progress made toward advancing nuclear security-
     related treaties;
       (C) any steps taken or needed to be taken--
       (i) to fulfill any obligations of the United States under 
     existing nuclear security treaties;
       (ii) to manage cyber threats; or
       (iii) to prevent illicit trafficking of nuclear materials 
     and technology;
       (D) the role of the nuclear industry in preventing nuclear 
     proliferation; and
       (E) any other topics discussed during the summit that 
     relate to nuclear safety, security, and safeguards.

     SEC. 6410. BIENNIAL CIVIL NUCLEAR VENDOR SUMMIT.

       (a) In General.--The Secretary, the Secretary of State, the 
     Secretary of Commerce, the President of the Export-Import 
     Bank of the United States, the Chief Executive Officer of the 
     United States International Development Finance Corporation, 
     and the Special Assistant shall hold a biennial civil nuclear 
     vendor summit.
       (b) Location.--A civil nuclear vendor summit under 
     subsection (a) shall be held in--
       (1) Washington, DC; or
       (2) a country described in any of subparagraphs (A) through 
     (H) of section 6401(2).
       (c) Requirement.--A civil nuclear vendor summit under 
     subsection (a) shall--
       (1) be a forum in which leaders of ally or partner nations 
     may engage with each other for the purpose of promoting the 
     peaceful, responsible, and safe use of civil nuclear 
     technologies; and
       (2) facilitate--
       (A) the development of--
       (i) cooperative financing relationships to promote 
     competitive alternatives to Chinese and Russian financing;
       (ii) a standardized financing and project management 
     framework for the construction of nuclear power plants;
       (iii) a standardized licensing framework for civil nuclear 
     technologies;
       (iv) a strategy to change internal policies of 
     multinational development banks, such as the World Bank, to 
     support the financing of civil nuclear projects; and
       (v) a document containing any lessons learned from 
     countries that have partnered with Russia or China with 
     respect to nuclear power, including any detrimental outcomes 
     resulting from that partnership;
       (B) cooperation for enhancing the overall aspects of civil 
     nuclear power, such as--

[[Page S3347]]

       (i) nuclear safety and security;
       (ii) nuclear regulations;
       (iii) waste management;
       (iv) quality management systems;
       (v) technology transfer;
       (vi) human resources development;
       (vii) localization;
       (viii) reactor operations; and
       (ix) decommissioning;
       (C) the establishment of a ``Small Modular and Advanced 
     Reactor Coordination and Resource Center'' (referred to in 
     this paragraph as the ``Center'') for the purposes of--
       (i) identifying qualified organizations and service 
     providers--

       (I) for newcomer nuclear nations;
       (II) to develop and assemble documents, contracts, and 
     related items required to establish a civil nuclear program; 
     and
       (III) to develop a standardized model for the establishment 
     of a civil nuclear program that can be used internationally;

       (ii) coordinating with countries participating in the 
     Center--

       (I) to identify funds to support payment for services 
     required to develop a civil nuclear program;
       (II) to provide market analysis; and
       (III) to create--

       (aa) project structure models;
       (bb) models for electricity market analysis;
       (cc) models for nonelectric applications market analysis; 
     and
       (dd) financial models;
       (iii) identifying and developing the safety, security, 
     safeguards, and nuclear governance required for a civil 
     nuclear program;
       (iv) supporting multinational regulatory standards to be 
     developed by countries with civil nuclear programs and 
     experience;
       (v) developing and strengthening communications, 
     engagement, and consensus-building;
       (vi) carrying out any other major activities to support 
     export, financing, education, construction, training, and 
     education requirements relating to the establishment of a 
     civil nuclear program;
       (vii) developing mechanisms for how to fund and staff the 
     Center; and
       (viii) determining mechanisms for the selection of the 
     location or locations of the Center; and
       (D) the development and determination of the mechanisms 
     described in clauses (vii) and (viii) of subparagraph (C) by 
     the Center.
       (d) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, and 120 days after the end of each 
     civil nuclear vendor summit under subsection (a), the 
     Secretary, the Secretary of State, the Secretary of Commerce, 
     and the Special Assistant shall jointly submit to Congress a 
     report highlighting--
       (A) any commitments made by the United States or 
     international partners of the United States, including an 
     ally or partner nation, with respect to international civil 
     nuclear export practices; and
       (B) the objectives that the parties to those commitments 
     agreed to meet.
       (2) Requirement.--The report under paragraph (1) shall 
     detail--
       (A) any steps taken to establish common financing 
     relationships;
       (B) any progress made toward establishing a standardized 
     financing, project management, and licensing framework;
       (C) any changes to the internal policies of multinational 
     development banks, such as the World Bank, to support civil 
     nuclear projects;
       (D) any steps taken or needed to be taken--
       (i) to rectify any obstacles that were identified after the 
     applicable civil nuclear vendor summit but were unforeseen at 
     the time of, and not discussed at, that summit;
       (ii) to enable early-stage day-to-day support of newcomer 
     nuclear nations;
       (iii) to address any gaps in the whole-of-government 
     approach to international civil nuclear cooperation, exports, 
     and investment developed by the Special Assistant; or
       (iv) to improve the role of the Special Assistant in 
     international outreach; and
       (E) the role of the nuclear industry in establishing 
     cooperative relationships.

     SEC. 6411. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP.

       (a) Establishment.--There is established a working group, 
     to be known as the ``Strategic Infrastructure Fund Working 
     Group'' (referred to in this section as the ``working 
     group'').
       (b) Composition.--The working group shall be--
       (1) led by the Special Assistant; and
       (2) composed of--
       (A) senior-level Federal officials, selected by the head of 
     the applicable Federal agency or organization, from--
       (i) the Department of State;
       (ii) the Department of the Treasury;
       (iii) the Department of Commerce;
       (iv) the Department of Energy;
       (v) the Export-Import Bank of the United States;
       (vi) the United States International Development Finance 
     Corporation; and
       (vii) the Nuclear Regulatory Commission;
       (B) other senior-level Federal officials, selected by the 
     head of the applicable Federal agency or organization, from 
     any other Federal agency or organization that the Secretary 
     determines to be appropriate; and
       (C) any senior-level Federal official selected by the 
     Special Assistant from any Federal agency or organization.
       (c) Reporting.--The working group shall report to the 
     National Security Council.
       (d) Duties.--The working group shall--
       (1) provide direction and advice to the Special Assistant 
     with respect to the establishment of a Strategic 
     Infrastructure Fund (referred to in this subsection as the 
     ``Fund'') to be used--
       (A) to support those aspects of projects relating to--
       (i) civil nuclear technologies;
       (ii) rare earth elements and critical minerals (as defined 
     in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 
     1606(a))); and
       (iii) microprocessors; and
       (B) for strategic investments identified by the working 
     group; and
       (2) address critical areas in determining the appropriate 
     design for the Fund, including--
       (A) transfer of assets to the Fund;
       (B) transfer of assets from the Fund;
       (C) how assets in the Fund should be invested; and
       (D) governance and implementation of the Fund.
       (e) Report Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the working group shall submit to 
     the committees described in paragraph (2) a report on the 
     findings of the working group that includes suggested 
     legislative text for how to establish and structure a 
     Strategic Infrastructure Fund.
       (2) Committees described.--The committees referred to in 
     paragraph (1) are--
       (A) the Committee on Foreign Relations, the Committee on 
     Commerce, Science, and Transportation, the Committee on Armed 
     Services, the Committee on Energy and Natural Resources, the 
     Committee on Environment and Public Works, and the Committee 
     on Finance of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Energy and Commerce, the Committee on Armed Services, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Ways and Means of the House of Representatives.

     SEC. 6412. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED 
                   STATES.

       (a) Commercial Licenses.--Section 103 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the 
     second sentence--
       (1) by inserting ``for a production facility'' after ``No 
     license''; and
       (2) by striking ``any any'' and inserting ``any''.
       (b) Medical Therapy and Research Development Licenses.--
     Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2134(d)) is amended, in the second sentence, by inserting 
     ``for a production facility'' after ``No license''.

     SEC. 6413. MODIFICATION OF POWERS AND FUNCTIONS OF THE 
                   EXPORT-IMPORT BANK OF THE UNITED STATES.

       (a) Modification of Prohibition on Financing.--Section 
     2(b)(5) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635(b)(5)) is amended, in the first sentence, by striking 
     ``any liquid metal fast breeder nuclear reactor or''.
       (b) Expansion of Program on Transformational Exports.--
       (1) In general.--Section 2(l) of the Export-Import Bank Act 
     of 1945 (12 U.S.C. 635(l)) is amended--
       (A) in the subsection heading, by striking ``China and'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``China and''; and
       (II) by striking ``by the People's Republic of China or'';

       (ii) in subparagraph (A), by striking ``by the People's 
     Republic of China or''; and
       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``the 
     People's Republic of China'' and inserting ``covered 
     countries'';
       (II) in clause (vi), by striking ``Renewable'' and 
     inserting ``Clean'';
       (III) by redesignating clauses (viii) through (xi) as 
     clauses (ix) through (xii), respectively; and
       (IV) by inserting after clause (vii) the following:

       ``(viii) Civil nuclear material and technologies.'';
       (C) by striking paragraph (2);
       (D) by redesignating paragraph (3) as paragraph (2);
       (E) in paragraph (2), as so redesignated--
       (i) in subparagraph (A)--

       (I) by striking ``20 percent'' and inserting ``30 
     percent''; and
       (II) by striking ``China and'';

       (ii) in subparagraph (B), in the matter preceding clause 
     (i)--

       (I) by striking ``20 percent'' and inserting ``30 
     percent''; and
       (II) by striking ``the People's Republic of China is'' and 
     inserting ``the People's Republic of China and the Russian 
     Federation are'';

       (iii) in subparagraph (C)--

       (I) in the subparagraph heading, by striking ``Sunset 
     and'';
       (II) by striking the first sentence; and
       (III) by striking ``4 years after enactment of this 
     subsection'' and inserting ``December 20, 2023'';

       (iv) in subparagraph (D), by striking ``China and''; and
       (v) by adding at the end the following:
       ``(E) Content policy.--Under the Program on 
     Transformational Exports, the Bank may provide loans, 
     guarantees, or insurance for

[[Page S3348]]

     up to 100 percent of the value of a transaction if--
       ``(i) not less than 50 percent of the content of the goods 
     and services exported pursuant to the transaction are of 
     United States origin; and
       ``(ii) of the goods and services exported pursuant to the 
     transaction that are not of United States origin, not less 
     than 25 percent of the content of such goods and services 
     originates from other members countries of the Organization 
     for Economic Co-operation and Development.
       ``(F) Local cost policy.--If the Bank provides a loan, 
     guarantee, or insurance for the export to a country of United 
     States-origin goods or services under the Program on 
     Transformational Exports, the Bank may also support the 
     extension of loans, guarantees, or insurance for the purchase 
     of goods or services that originate in that country in amount 
     that does not exceed 50 percent of the value of the United 
     States-origin goods and services exported.
       ``(G) Shipping requirements of foreign-origin components.--
     Foreign-origin components included in a transaction for which 
     the Bank provides a loan, guarantee, or insurance under the 
     Program on Transformational Exports are not required--
       ``(i) to be shipped from the United States; or
       ``(ii) to be shipped on United States-flagged merchant 
     marine vessels.''; and
       (F) by adding at the end the following:
       ``(3) Sunset.--The Program on Transformational Exports 
     shall expire on December 31, 2026.
       ``(4) Definitions.--In this subsection:
       ``(A) Arrangement.--The term `Arrangement' means the 
     Arrangement on Officially Supported Export Credits of the 
     Organization for Economic Co-operation and Development.
       ``(B) Clean energy, energy efficiency, and energy 
     storage.--The term `clean energy, energy efficiency, and 
     energy storage' includes the following:
       ``(i) Renewable energy systems.
       ``(ii) Hydrogen fuel cell technology for residential, 
     industrial, or transportation applications.
       ``(iii) Zero-emission aircraft.
       ``(iv) Advanced nuclear energy facilities.
       ``(v) Carbon capture, utilization, and sequestration 
     practices and technologies.
       ``(vi) Efficient electrical generation, transmission, and 
     distribution technologies.
       ``(vii) Pollution control equipment.
       ``(viii) Energy storage technologies for residential, 
     industrial, and transportation applications.
       ``(ix) Technologies and systems for reducing more potent 
     greenhouse gas pollutants, including methane leakage from 
     natural gas transmission and distribution infrastructure.
       ``(x) Manufacturing and deployment of nuclear supply 
     components for advanced nuclear reactors.
       ``(xi) System-level energy management solutions.
       ``(xii) Applications of platform technologies, including 
     data analytics, artificial intelligence, and other software 
     to improve the energy efficiency and effectiveness of energy 
     infrastructure, including electric grid operations.
       ``(xiii) Energy-water use efficiency in water resources 
     infrastructure and water-using technologies.
       ``(xiv) Carbon-capture ready combined cycle natural gas or 
     carbon-capture ready supercritical or ultra-supercritical 
     coal plants if deemed to be replacing non-supercritical coal 
     plants supplied by a covered country and in accordance with 
     the Arrangement.
       ``(xv) Battery electric vehicles.
       ``(xvi) Electric vehicle charging infrastructure.
       ``(xvii) Innovative technologies for improving the 
     resilience or reliability of existing energy infrastructure, 
     including innovative approaches to improve the cybersecurity 
     of energy technologies.
       ``(xviii) Innovative technologies for reducing greenhouse 
     emissions from industrial processes, including cement and 
     ammonia production.
       ``(xix) Any other projects that support innovative energy 
     technologies or provide an input or application for such 
     technologies.
       ``(C) Covered country.--The term `covered country' means--
       ``(i) the People's Republic of China;
       ``(ii) the Russian Federation; or
       ``(iii) any country that--

       ``(I) the Secretary of the Treasury designates as a covered 
     country in a report to the Committee on Financial Services of 
     the House of Representatives and the Committee on Banking, 
     Housing, and Urban Development of the Senate;
       ``(II) is not a participant in the Arrangement; and
       ``(III) is not in substantial compliance with the financial 
     terms and conditions of the Arrangement.''.

       (2) Conforming amendment.--Section 8(l) of the Export-
     Import Bank Act of 1945 (12 U.S.C. 635g(l)) is amended--
       (A) in the subsection heading, by striking ``Under the'' 
     and all that follows through ``Exports'' and inserting 
     ``Under the Program on Transformational Exports''; and
       (B) in the text, by striking ``China and''.
       (c) Promotion of Clean Energy, Energy Efficiency, and 
     Energy Storage.--Section 2(b)(1)(K) of the Export-Import Bank 
     Act of 1945 (12 U.S.C. 635(b)(1)(K)) is amended to read as 
     follows:
       ``(K) The Bank shall promote the export of goods and 
     services related to clean energy, energy efficiency, and 
     energy storage (as defined in subsection (l)(4)). It shall be 
     a goal of the Bank--
       ``(i) to ensure that not less than 30 percent of the 
     applicable amount (as defined in section 6(a)(2)) is made 
     available each fiscal year for the financing of exports of 
     such goods and services; and
       ``(ii) to ensure that not less than 10 percent of the 
     applicable amount is made available each fiscal year for the 
     financing of exports of goods and services relating to 
     renewable energy sources.''.
       (d) Office of Financing for Clean Energy, Energy 
     Efficiency, and Energy Storage.--Section 2(b)(1)(C) of the 
     Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(C)) is 
     amended to read as follows:
       ``(C) Office of Financing for Clean Energy, Energy 
     Efficiency, and Energy Storage.--The Board of Directors shall 
     establish an office to promote the export of goods and 
     services related to clean energy, energy efficiency, and 
     energy storage (as defined in subsection (l)(4)). The office 
     shall disseminate information with respect to opportunities 
     to export such goods and services and the availability of 
     financing from the Bank for such exports.''.
       (e) Reporting on Financing Related to People's Republic of 
     China and Russian Federation.--Section 408 of title IV of 
     division I of the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94; 12 U.S.C. 635 note) is amended--
       (1) in the section heading, by striking ``china'' and 
     inserting ``the people's republic of china and the russian 
     federation'';
       (2) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``the government of China'' and inserting 
     ``the Government of the People's Republic of China or the 
     Government of the Russian Federation'';
       (3) in subsection (c)(1)(C), by striking ``the government 
     of China'' and inserting ``the Government of the People's 
     Republic of China or the Government of the Russian 
     Federation'';
       (4) by striking subsection (d) and inserting the following:
       ``(d) Definitions.--In this section:
       ``(1) Government of the people's republic of china.--The 
     term `Government of the People's Republic of China' means any 
     person that the Bank has reason to believe is--
       ``(A) the state and the Government of the People's Republic 
     of China, as well as any political subdivision, agency, or 
     instrumentality thereof;
       ``(B) any entity controlled, directly or indirectly, by any 
     of the foregoing, including any partnership, association, or 
     other entity in which any of the foregoing owns a 50 percent 
     or greater interest or a controlling interest, and any entity 
     which is otherwise controlled by any of the foregoing;
       ``(C) any person that is or has been acting or purporting 
     to act, directly or indirectly, for or on behalf of any of 
     the foregoing; and
       ``(D) any other person which the Secretary of the Treasury 
     has notified the Bank is included in any of the foregoing.
       ``(2) Government of the russian federation.--The term 
     `Government of the Russian Federation' means any person that 
     the Bank has reason to believe is--
       ``(A) the state and the Government of the Russian 
     Federation, as well as any political subdivision, agency, or 
     instrumentality thereof;
       ``(B) any entity controlled, directly or indirectly, by any 
     of the foregoing, including any partnership, association, or 
     other entity in which any of the foregoing owns a 50 percent 
     or greater interest or a controlling interest, and any entity 
     which is otherwise controlled by any of the foregoing;
       ``(C) any person that is or has been acting or purporting 
     to act, directly or indirectly, for or on behalf of any of 
     the foregoing; and
       ``(D) any other person which the Secretary of the Treasury 
     has notified the Bank is included in any of the foregoing.''; 
     and
       (5) in subsection (e)(2), in the matter preceding 
     subparagraph (A), by striking ``China is'' and inserting 
     ``the People's Republic of China and the Russian Federation 
     are''.
                                 ______
                                 
  SA 1931. 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

[[Page S3349]]

       (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, of the amounts authorized in section 2117(a), 
     $50,000,000 is authorized for each of fiscal years 2022 
     through 2026 to carry out this section.
                                 ______
                                 
  SA 1932. Mr. INHOFE (for himself, Mr. Coons, and Mr. Cornyn) 
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. ADDRESSING THREATS TO NATIONAL SECURITY WITH 
                   RESPECT TO WIRELESS COMMUNICATIONS RESEARCH AND 
                   DEVELOPMENT.

       (a) In General.--Chapter 4 of title II of the Trade 
     Expansion Act of 1962 (19 U.S.C. 1862 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 234. STATEMENT OF POLICY.

       ``It is the policy of the United States--
       ``(1) to ensure the continued strength and leadership of 
     the United States with respect to the research and 
     development of key technologies for future wireless 
     telecommunications standards and infrastructure;
       ``(2) that the national security of the United States 
     requires the United States to maintain its leadership in the 
     research and development of key technologies for future 
     wireless telecommunications standards and infrastructure; and
       ``(3) that the national security and foreign policy of the 
     United States requires that the importation of items that 
     use, without a license, a claimed invention protected by a 
     patent that is essential for the implementation of a wireless 
     communications standard and is held by a United States 
     person, be controlled to ensure the achievement of the 
     policies described in paragraphs (1) and (2).

     ``SEC. 235. LIST OF FOREIGN ENTITIES THAT THREATEN NATIONAL 
                   SECURITY WITH RESPECT TO WIRELESS 
                   COMMUNICATIONS RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Secretary of Commerce (in this 
     section referred to as the `Secretary') shall establish and 
     maintain a list of each foreign entity that the Secretary 
     determines--
       ``(1)(A) uses, without a license, a claimed invention 
     protected by a patent that is essential for the 
     implementation of a wireless communications standard and is 
     held by a covered person; and
       ``(B) is a person of concern or has as its ultimate parent 
     a person of concern; or
       ``(2) is a successor to an entity described in paragraph 
     (1).
       ``(b) Watch List.--
       ``(1) In general.--The Secretary shall establish and 
     maintain a watch list of each foreign entity--
       ``(A)(i) that is a person of concern or has as its ultimate 
     parent a person of concern; and
       ``(ii) with respect to which a covered person has made the 
     demonstration described in paragraph (2) in a petition 
     submitted to the Secretary for the inclusion of the entity on 
     the list; or
       ``(B) that is a successor to an entity described in 
     subparagraph (A).
       ``(2) Demonstration described.--
       ``(A) In general.--A covered person has made a 
     demonstration described in this paragraph if the person has 
     reasonably demonstrated to the Secretary that--
       ``(i) the person owns at least one unexpired patent that is 
     essential for the implementation of a wireless communications 
     standard;
       ``(ii) a foreign entity that is a person of concern, or has 
     as its ultimate parent a person of concern, has been, for a 
     period of more than 180 days, selling wireless communications 
     devices in or into the United States, directly or indirectly, 
     that are claimed, labeled, marketed, or advertised as 
     complying with that standard;
       ``(iii) the covered person has offered to the foreign 
     entity or any of its affiliates--

       ``(I) a license to the person's portfolio of patents that 
     are essential to that standard; or
       ``(II) to enter into binding arbitration to resolve the 
     terms of such a license; and

       ``(iv) the foreign entity has not executed a license 
     agreement or an agreement to enter into such arbitration, as 
     the case may be, by the date that is 180 days after the 
     covered person made such an offer.
       ``(B) Demonstration of essentiality.--A covered person may 
     demonstrate under subparagraph (A)(i) that the person owns at 
     least one unexpired patent that is essential for the 
     implementation of a wireless communications standard by 
     providing to the Secretary any of the following:
       ``(i) A decision by a court or arbitral tribunal that a 
     patent owned by the person is essential for the 
     implementation of that standard.
       ``(ii) A determination by an independent patent evaluator 
     not hired by the person that a patent owned by the person is 
     essential for the implementation of that standard.
       ``(iii) A showing that wireless communications device 
     manufacturers together accounting for a significant portion 
     of the United States or world market for such devices have 
     entered into agreements for licenses to the person's 
     portfolio of patents that are essential for the 
     implementation of that standard.
       ``(iv) A showing that the person has previously granted 
     licenses to the foreign entity described in subparagraph 
     (A)(ii) or any of its affiliates with respect to a reasonably 
     similar portfolio of the person's patents that are essential 
     for the implementation of that standard.
       ``(C) Accounting of wireless communications device 
     market.--A showing described in subparagraph (B)(iii) may be 
     made either by including or excluding wireless communications 
     device manufacturers that are persons of concern.
       ``(3) Procedures.--
       ``(A) Adding a foreign entity to the watch list.--
       ``(i) In general.--The Secretary may add a foreign entity 
     to the watch list under paragraph (1) only after notice and 
     opportunity for an agency hearing on the record in accordance 
     with (except as provided in clause (ii)) sections 554 through 
     557 of title 5, United States Code.
       ``(ii) Matters considered at hearing.--An agency hearing 
     conducted under clause (i)--

       ``(I) shall be limited to consideration of--

       ``(aa) whether the demonstration described in paragraph (2) 
     has been reasonably made; and
       ``(bb) the amount of bond to be required in accordance with 
     section 236; and

       ``(II) may not include the presentation or consideration of 
     legal or equitable defenses or counterclaims.

[[Page S3350]]

       ``(B) Administrative procedure.--Except as provided in 
     subparagraph (A), the functions exercised under this section 
     and section 236 shall not be subject to sections 551, 553 
     through 559, or 701 through 706 of title 5, United States 
     Code.
       ``(c) Movement Between Lists.--A foreign entity on the 
     watch list required by subsection (b)(1) may be moved to the 
     list required by subsection (a), pursuant to procedures 
     established by the Secretary, on or after the date that is 
     one year after being included on the watch list if the 
     foreign entity is not able to reasonably demonstrate that it 
     has entered into a patent license agreement or a binding 
     arbitration agreement with each covered person that has made 
     the demonstration described in subsection (b)(2) with respect 
     to the entity.
       ``(d) Removal From Lists.--A foreign entity on the list 
     required by subsection (a) or on the watch list required by 
     subsection (b)(1) may petition the Secretary to be removed 
     from that list on the basis that the conditions that led to 
     the inclusion of the foreign entity on the list no longer 
     exist. The burden of proof shall be on the foreign entity.
       ``(e) Definitions.--In this section:
       ``(1) Affiliate.--The term `affiliate', with respect to an 
     entity, means any entity that owns or controls, is owned or 
     controlled by, or is under common ownership or control with, 
     the entity.
       ``(2) Country of concern.--The term `country of concern' 
     means a country with respect to which the Secretary 
     determines that--
       ``(A) persons in the country persistently use, without 
     obtaining a license, patents--
       ``(i) essential to the implementation of wireless 
     communications standards; and
       ``(ii) held by a covered person; and
       ``(B) that use of patents poses a threat to--
       ``(i) the ability of the United States to maintain a 
     wireless communications research and development 
     infrastructure; and
       ``(ii) the national security of the United States, pursuant 
     to the policy set forth in section 234.
       ``(3) Covered person.--The term `covered person' means--
       ``(A) a covered United States person; or
       ``(B) an affiliate of a covered United States person--
       ``(i) headquartered in, or organized under the laws of, a 
     country that is a member of the European Union or the North 
     Atlantic Treaty Organization; and
       ``(ii) engaged in wireless communications research and 
     development.
       ``(4) Covered united states person.--The term `covered 
     United States person' means a United States person engaged in 
     wireless communications research and development in the 
     United States.
       ``(5) Person of concern.--The term `person of concern' 
     means a person that is--
       ``(A) an individual who is a citizen or national (as 
     defined in section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a))) of a country of concern; or
       ``(B) an entity that is headquartered in, or organized 
     under the laws of, a country of concern.
       ``(6) United states person.--The term `United States 
     person' means--
       ``(A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       ``(B) an entity organized under the laws of the United 
     States or any jurisdiction within the United States, 
     including a foreign branch of such an entity; or
       ``(C) any person in the United States.
       ``(7) Wireless communications standard.--The term `wireless 
     communications standard' means--
       ``(A) a cellular wireless telecommunications standard, 
     including such a standard promulgated by the 3rd Generation 
     Partnership Project (commonly known as `3GPP') or the 3rd 
     Generation Partnership Project 2 (commonly known as `3GPP2'); 
     or
       ``(B) a wireless local area network standard, including 
     such a standard designated as IEEE 802.11 as developed by the 
     Institute of Electrical and Electronics Engineers (commonly 
     known as the `IEEE').

     ``SEC. 236. IMPORT SANCTIONS WITH RESPECT TO CERTAIN FOREIGN 
                   ENTITIES THAT THREATEN NATIONAL SECURITY.

       ``(a) In General.--Any foreign entity on the list required 
     by section 235(a) may be subject to such controls on the 
     importing of goods or technology into the United States as 
     the President may prescribe.
       ``(b) Entry Under Bond.--
       ``(1) In general.--Unless otherwise prescribed by the 
     President, a product described in paragraph (2) may not enter 
     the United States except under bond prescribed by the 
     Secretary of Commerce in an amount determined by the 
     Secretary to be sufficient to protect from injury a covered 
     United States person that made the demonstration described in 
     section 235(b)(2) with respect to the entity that has been 
     selling the product directly or indirectly in or into the 
     United States.
       ``(2) Products described.--A product described in this 
     paragraph is a wireless communications device--
       ``(A) produced or sold by--
       ``(i) a foreign entity on the watch list required by 
     section 235(b);
       ``(ii) a successor of such an entity; or
       ``(iii) an affiliate of an entity described in clause (i) 
     or (ii); and
       ``(B) that is claimed, labeled, marketed, or advertised as 
     complying with a wireless communications standard that was 
     the basis for the inclusion of the foreign entity on the 
     watch list.
       ``(c) Forfeiture of Bond.--
       ``(1) In general.--If a foreign entity on the watch list 
     required by section 235(b) is moved to the list required by 
     section 235(a) and becomes subject to controls under 
     subsection (a), a bond paid under subsection (b) shall be 
     forfeited to a covered United States person that made the 
     demonstration described in section 235(b)(2) with respect to 
     the entity.
       ``(2) Terms and conditions.--The Secretary of Commerce 
     shall prescribe the procedures and any terms or conditions 
     under which bonds will be forfeited under paragraph (1).
       ``(d) Non-interest-bearing Bonds.--A bond under this 
     section shall be non-interest-bearing.
       ``(e) Definitions.--In this section, the terms `affiliate' 
     and `covered United States person' have the meanings given 
     those terms in section 235(d).''.
       (b) Controls on Imports of Goods or Technology Against 
     Persons That Raise National Security Concerns.--Section 233 
     of the Trade Expansion Act of 1962 (19 U.S.C. 1864) is 
     amended to read as follows:

     ``SEC. 233. IMPORT SANCTIONS FOR EXPORT VIOLATIONS.

       ``(a) In General.--A person described in subsection (b) may 
     be subject to such controls on the importing of goods or 
     technology into the United States as the President may 
     prescribe.
       ``(b) Persons Described.--A person described in this 
     subsection is a person that--
       ``(1) violates any national security export control imposed 
     under section 1755 of the Export Control Reform Act of 2018 
     (50 U.S.C. 4814) or any regulation, order, or license issued 
     under that section; or
       ``(2) raises a national security concern under--
       ``(A) section 235 or any regulation, order, or license 
     issued under that section; or
       ``(B) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.) or any regulation, order, or license issued under 
     that Act.''.
                                 ______
                                 
  SA 1933. 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:

       At the appropriate place in subtitle B of title VI of 
     division B, insert the following:

     SEC. 26__. HYDROGEN RESEARCH AND DEVELOPMENT AND TESTING.

       (a) In General.--The Administrator shall fully leverage and 
     use the unique hydrogen expertise, fuel farm, and testing 
     platforms co-located with NASA large-scale rocket propulsion 
     test facilities for testing federally funded programs or 
     public-private partnerships involving the use of hydrogen in 
     space exploration, space technology, and aeronautics.
       (b) Maintenance of Expertise.--
       (1) In general.--The Administrator shall maintain the 
     hydrogen expertise, fuel farm, and testing platforms co-
     located with NASA large-scale rocket propulsion test 
     facilities for the purpose of supporting ongoing activities 
     associated with liquid oxygen-hydrogen rockets, including the 
     Space Launch System and the Exploration Upper Stage for the 
     Space Launch System.
       (2) Availability.--The Administrator shall make the 
     expertise and infrastructure described in paragraph (1) 
     available to Government and commercial vehicles that may 
     benefit from testing at NASA hydrogen test facilities.
       (c) Testing Capabilities and Platforms.--The Administrator 
     shall consider investments in future testing capabilities and 
     platforms to support a range of hydrogen systems in--
       (1) space systems, including launch vehicles and 
     spacecraft; and
       (2) aeronautics research and development, including 
     unmanned aircraft systems.
       (d) Research and Development.--The Administrator, to the 
     extent practicable, shall coordinate with research 
     universities and other Federal agencies to incorporate 
     hydrogen capabilities into research and development and 
     testing road maps across programs.
       (e) Report.--Not later than 180 days after the date of the 
     enactment of this division, the Administrator 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 that--
       (1) identifies all current and planned NASA-funded programs 
     and public-private partnerships that involve the research, 
     development, and testing of space exploration, space 
     technology, and aeronautics systems using hydrogen, including 
     propulsion systems, hydrogen fuel tanks, transfer systems, 
     and integrated systems and vehicles;
       (2) describes the manner in which each such program or 
     partnership is currently, or may in the future, use NASA 
     hydrogen research and development and testing capabilities; 
     and

[[Page S3351]]

       (3) identifies potential investments in facilities and 
     capabilities that may enable current and future hydrogen 
     research, development, and testing activities.
                                 ______
                                 
  SA 1934. Mr. JOHNSON 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, insert the following:

     SEC. 2528. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.

       The Secretary of Energy shall conduct an assessment of 
     existing large power transformers in the United States, 
     identify Government resources that could be leveraged to 
     enhance the domestic manufacturing of large power 
     transformers, and identify any authorities needed to provide 
     such assistance.
                                 ______
                                 
  SA 1935. Mr. PETERS 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 61, on line 20, insert ``Appointment as a program 
     director under this section shall be voluntary, and the 
     Director is not authorized to remove a program director 
     during their appointed term unless for cause.'' after 
     ``tor.''
       Beginning on page 113, strike line 24 and all that follows 
     through line 3 on page 115 and insert the following:
       (3) Direct hire authority.--
       (A) In general.--During fiscal year 2021 and any fiscal 
     year thereafter, the head of any Federal agency may appoint, 
     without regard to the provisions of subchapter I of chapter 
     33 of title 5, United States Code, other than sections 3303, 
     3304(b), and 3328 of that title, a qualified candidate 
     described in subparagraph (B) directly to a position in the 
     competitive service with the Federal agency for which the 
     candidate meets Office of Personnel Management qualification 
     standards.
       (B) Fellowship or temporary rotational posting.--
     Subparagraph (A) applies with respect to a former recipient 
     of an award under this subsection who--
       (i) earned a doctoral degree in a STEM field from an 
     institution of higher education; and
       (ii) successfully fulfilled the requirements of the 
     fellowship or temporary rotational posting within a Federal 
     agency.
       (C) Limitation.--The direct hire authority under this 
     paragraph shall be exercised with respect to a specific 
     qualified candidate not later than 2 years after the date 
     that the candidate completed the requirements related to the 
     fellowship or temporary rotational posting described under 
     this subsection.
       (D) Number.--The number of employees appointed and retained 
     by the Federal Government under this paragraph shall not 
     exceed 10 at any time.
       Strike section 2204 and insert the following:

     SEC. 2204. PERSONNEL MANAGEMENT AUTHORITIES FOR THE 
                   FOUNDATION.

       (a) Study.--Not later than 30 days after the date of 
     enactment of this division, the Director shall contract with 
     the National Academy of Public Administration to conduct a 
     study on the organizational and management structure of the 
     Foundation, to--
       (1) evaluate and make recommendations to efficiently and 
     effectively implement the Directorate for Technology and 
     Innovation;
       (2) evaluate and make recommendations to ensure 
     coordination of the Directorate for Technology and Innovation 
     with other directorates and offices of the Foundation and 
     other Federal agencies; and
       (3) make recommendations for the management of the 
     Foundation's business and personnel practices, including 
     implementation of the new hiring authorities and program 
     director authorities provided in section 2103.
       (b) Review.--Upon completion of the study under paragraph 
     (1), the Foundation shall review the recommendations from the 
     National Academy of Public Administration and provide a 
     briefing to Congress on the plans of the Foundation to 
     implement any such recommendations.
        Strike section 2665 and insert the following:

     SEC. 2665. APPOINTMENT AND COMPENSATION PILOT PROGRAM.

       (a) Definition of Covered Provisions.--In this section, the 
     term ``covered provisions'' means the provisions of title 5, 
     United States Code, other than--
       (1) section 2301 of that title;
       (2) section 2302 of that title;
       (3) chapter 33 of that title;
       (4) chapter 71 of that title;
       (5) chapter 72 of that title; and
       (6) chapter 73 of that title.
       (b) Establishment.--There is established a 3-year pilot 
     program under which, notwithstanding section 20113 of title 
     51, United States Code, the Administrator may, with respect 
     to not more than 3,000 designated personnel--
       (1) appoint and manage such designated personnel of the 
     Administration, without regard to the covered provisions; and
       (2) fix the compensation of such designated personnel of 
     the Administration, without regard to chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     at a rate that does not exceed the per annum rate of salary 
     of the Vice President of the United States under section 104 
     of title 3, United States Code.
       (c) Administrator Responsibilities.--In carrying out the 
     pilot program established under subsection (b), the 
     Administrator shall ensure that the pilot program--
       (1) uses--
       (A) state-of-the-art recruitment techniques;
       (B) simplified classification methods with respect to 
     personnel of the Administration; and
       (C) broad banding; and
       (2) offers--
       (A) competitive compensation; and
       (B) the opportunity for career mobility.
       (d) Report.--Not later than 2 years after the date of the 
     enactment of this division, the Administrator shall submit to 
     the appropriate committees of Congress a report that--
       (1) describes in detail--
       (A) the use of the pilot program hiring authority under 
     this section, including pay, qualifications, and 
     classification of individuals hired under such authority;
       (B) the methods for recruitment under the program; and
       (C) efforts being made by the NASA to address any 
     compensation equity issue that may arise as a result of the 
     program;
       (2) analyzes the impact of the program on participants, 
     disaggregated by demographic factors including age, race, 
     ethnicity, gender, education, compensation, and job 
     classification;
       (3) compares the demographics of the program participants 
     with the demographics of NASA employees outside the program;
       (4) assesses the morale and engagement of the NASA 
     workforce participating in the program, as compared to the 
     morale and engagement of the NASA workforce outside the 
     program; and
       (5) makes recommendations with respect to the continuation, 
     modification, or permanent codification of the program.
        Strike section 2669 and insert the following:

     SEC. 2669. SEPARATIONS AND RETIREMENT INCENTIVES.

       (a) Voluntary Separation Incentive Payments.--
       Subchapter II of chapter 35 of title 5, United States Code, 
     is amended--
       (1) in section 3521--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) `agency'--
       ``(A) means an Executive agency as defined under section 
     105 (other than the Government Accountability Office); and
       ``(B) includes the National Aeronautics and Space 
     Administration; and''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)(ii), by striking ``and'' at the 
     end;
       (ii) in subparagraph (B)(vi)(III), by striking the period 
     at the end and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(C) shall include an employee of the National Aeronautics 
     and Space Administration appointed in accordance with 
     paragraph (1) or (2) of section 20113(b) of title 51, without 
     regard to any other provision of such section 20113(b).''; 
     and
       (2) in section 3523(b)(3)(B), by inserting ``(or, during 
     the 7-year period beginning on the date of enactment of the 
     United States Innovation and Competition Act of 2021, with 
     respect to an employee of the National Aeronautics and Space 
     Administration, including an employee described in section 
     3521(2)(C), not to exceed $40,000)'' after ``$25,000''.
       (b) Early Retirement.--Title 5, United States Code, is 
     amended--
       (1) in section 8336(d), in the matter preceding paragraph 
     (1), by inserting ``(including, for the purposes of paragraph 
     (2), an employee of the National Aeronautics and Space 
     Administration appointed in accordance with paragraph (1) or 
     (2) of section 20113(b) of title 51, without regard to any 
     other provision of such section 20113(b))'' after ``An 
     employee''; and
       (2) in section 8414(b)(1), in the matter preceding 
     subparagraph (A), by inserting ``(including, for the purposes 
     of subparagraph (B), an employee of the National Aeronautics 
     and Space Administration appointed in accordance with 
     paragraph (1) or (2) of section 20113(b) of title 51, without 
     regard to any other provision of such section 20113(b))'' 
     after ``an employee''.
                                 ______
                                 
  SA 1936. Mr. SULLIVAN (for himself, Mr. Rubio, and Mr. Inhofe) 
submitted

[[Page S3352]]

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 of division B 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 $9,000,000,000 for fiscal year 2022.
       (2) Specific nsf allocations.--Of the amount authorized 
     under paragraph (1)--
       (A) $8,500,000,000 shall be made available to carry out the 
     activities of the Foundation outside of the Directorate, of 
     which $756,000,000 shall be for STEM education and related 
     activities, including workforce activities under section 
     2202; and
       (B) $500,000,000 shall be made available to the 
     Directorate, of which--
       (i) $165,000,000 shall be for the innovation centers under 
     section 2104;
       (ii) $90,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $70,000,000 shall be for academic technology transfer 
     under section 2109;
       (iv) $50,000,000 shall be for test beds under section 2108;
       (v) $75,000,000 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 $9,700,000,000 for fiscal year 2023.
       (2) Specific nsf allocations.--Of the amount authorized 
     under paragraph (1)--
       (A) $8,700,000,000 shall be made available to carry out the 
     activities of the Foundation outside of the Directorate, of 
     which $1,078,000,000 shall be for STEM education and related 
     activities, including workforce activities under section 
     2202; and
       (B) $1,000,000,000 shall be made available to the 
     Directorate, of which--
       (i) $330,000,000 shall be for the innovation centers under 
     section 2104;
       (ii) $180,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $140,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $100,000,000 shall be for test beds under section 
     2108;
       (v) $150,000,000 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).
       (c) Fiscal Year 2024.--
       (1) Foundation.--There is authorized to be appropriated to 
     the Foundation $10,300,000,000 for fiscal year 2024.
       (2) Specific nsf allocations.--Of the amount authorized 
     under paragraph (1)--
       (A) $8,900,000,000 shall be made available to carry out the 
     activities of the Foundation outside of the Directorate, of 
     which $1,383,000,000 shall be for STEM education and related 
     activities, including workforce activities under section 
     2202; and
       (B) $1,400,000,000 shall be made available to the 
     Directorate, of which--
       (i) $462,000,000 shall be for the innovation centers under 
     section 2104;
       (ii) $252,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $196,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $140,000,000 shall be for test beds under section 
     2108;
       (v) $210,000,000 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).
       (d) Fiscal Year 2025.--
       (1) Foundation.--There is authorized to be appropriated to 
     the Foundation $11,700,000,000 for fiscal year 2025.
       (2) Specific nsf allocations.--Of the amount authorized 
     under paragraph (1)--
       (A) $9,100,000,000 shall be made available to carry out the 
     activities of the Foundation outside of the Directorate, of 
     which $1,722,000,000 shall be for STEM education and related 
     activities, including workforce activities under section 
     2202; and
       (B) $2,600,000,000 shall be made available to the 
     Directorate, of which--
       (i) $858,000,000 shall be for the innovation centers under 
     section 2104;
       (ii) $468,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $364,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $260,000,000 shall be for test beds under section 
     2108;
       (v) $390,000,000 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).
       (e) Fiscal Year 2026.--
       (1) Foundation.--There is authorized to be appropriated to 
     the Foundation $17,000,000,000 for fiscal year 2026.
       (2) Specific nsf allocations.--Of the amount authorized 
     under paragraph (1)--
       (A) $9,500,000,000 shall be made available to carry out the 
     activities of the Foundation outside of the Directorate, of 
     which $2,011,000,000 shall be for STEM education and related 
     activities, including workforce activities under section 
     2202; and
       (B) $7,500,000,000 shall be made available to the 
     Directorate, of which--
       (i) $2,475,000,000 shall be for the innovation centers 
     under section 2104;
       (ii) $1,350,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $1,050,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $750,000,000 shall be for test beds under section 
     2108;
       (v) $1,350,000,000 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).
       (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.

     SEC. 2116A. AUTHORIZATION OF APPROPRIATIONS FOR THE 
                   DEPARTMENT OF DEFENSE AND THE INTELLIGENCE 
                   COMMUNITY.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the recommendations of the 
     National Security Commission on Artificial Intelligence 
     contained in the final report of the Commission submitted 
     under section 1051(c)(2) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (132 Stat. 
     1965; Public Law 115-232), including any classified 
     recommendations the Commission may have made, and to conduct 
     research and development in the key technology focus areas 
     amounts as follows:
       (1) For the Defense Advanced Research Projects Agency:
       (A) $720,000,000 for fiscal year 2022.
       (B) $853,000,000 for fiscal year 2023.
       (C) $1,107,000,000 for fiscal year 2024.
       (D) $1,300,000,000 for fiscal year 2025.
       (E) $1,420,000,000 for fiscal year 2026.
       (2) For the Office of the Under Secretary of Defense for 
     Research and Engineering, including for the establishment of 
     an artificial intelligence fund:
       (A) $100,000,000 for fiscal year 2022.
       (B) $100,000,000 for fiscal year 2023.
       (3) For the Department of Defense Joint Artificial 
     Intelligence Center, $100,000,000 for fiscal year 2022.
       (4) For the Department of Defense, other than as described 
     in paragraphs (1), (2), and (3):
       (A) $1,253,000,000 for fiscal year 2022.
       (B) $1,485,000,000 for fiscal year 2023.
       (C) $1,926,000,000 for fiscal year 2024.
       (D) $2,263,000,000 for fiscal year 2025.
       (E) $2,472,000,000 for fiscal year 2026.
       (5) For the Office of the Director of National Intelligence 
     and the Intelligence Advanced Research Projects Activity, and 
     other elements of the intelligence community (as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003)), the Office of Science and Technology Policy, and the 
     Department of Energy, consistent with the recommendations of 
     the National Security Commission on Artificial Intelligence 
     in the report described in this subsection in the matter 
     before paragraph (1):

[[Page S3353]]

       (A) $1,093,000,000 for fiscal year 2022.
       (B) $1,296,000,000 for fiscal year 2023.
       (C) $1,680,000,000 for fiscal year 2024.
       (D) $1,974,000,000 for fiscal year 2025.
       (E) $2,156,000,000 for fiscal year 2026.
       (b) Allocation and Limitations.--
       (1) Supplement and not supplant.--The amounts authorized to 
     be appropriated by subsection (a) shall supplement, and not 
     supplant, any other amounts previously authorized to be 
     appropriated for the purposes described in such subsection.
       (2) Prohibition on use of funds for construction.--None of 
     the amounts appropriated pursuant to the authorization in 
     subsection (a) may be used for construction.
                                 ______
                                 
  SA 1937. 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 in subtitle A of title I of 
     division F, insert the following:

     SEC. 61__. REQUIREMENT OF CERTIFICATION OF LABORATORIES.

       Section 353 of the Public Health Service Act (42 U.S.C. 
     263a) is amended--
       (1) by redesignating subsection (q) as subsection (r); and
       (2) by inserting after subsection (p) the following:
       ``(q) Ties to the People's Republic of China.--
       ``(1) In general.--Each certificate issued by the Secretary 
     under this section shall state whether--
       ``(A) the laboratory;
       ``(B) the company that owns or manages the laboratory; or
       ``(C) any subcontractors or subsidiaries of such a 
     laboratory or company,
     is an entity described in paragraph (2).
       ``(2) Entity described.--An entity described in this 
     paragraph is an entity--
       ``(A)(i) that is engaged in the biological, 
     microbiological, serological, chemical, immuno-hematological, 
     hematological, biophysical, cytological, pathological, or 
     other examination of materials derived from the human body 
     for the purpose of providing information for the diagnosis, 
     prevention, or treatment of any disease or impairment of, or 
     the assessment of the health of, people of the United States; 
     or
       ``(ii) that handles or has access to any data related to 
     people of the United States that is derived from any activity 
     described in clause (i); and
       ``(B)(i) over which control is exercised or exercisable by 
     the Government of the People's Republic of China, a national 
     of the People's Republic of China, or an entity organized 
     under the laws of the People's Republic of China; or
       ``(ii) in which the Government of the People's Republic of 
     China has a substantial interest.''.
                                 ______
                                 
  SA 1938. 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 in subtitle A of title I of 
     division F, insert the following:

     SEC. 61__. ANNUAL REPORTING REGARDING GRANTEE TIES TO FOREIGN 
                   GOVERNMENTS.

       Title IV of the Public Health Service Act is amended by 
     inserting after section 403C (42 U.S.C. 283a-2) the 
     following:

     ``SEC. 403C-1. ANNUAL REPORTING REGARDING GRANTEE TIES TO 
                   FOREIGN GOVERNMENTS.

       ``(a) In General.--On an annual basis, the Director of NIH 
     shall submit to the Committee on Health, Education, Labor, 
     and Pensions, the Committee on Foreign Relations, and the 
     Select Committee on Intelligence of the Senate, and to the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, and the Permanent Select Committee on Intelligence 
     of the House of Representatives, a report on any ties to 
     foreign governments that researchers funded by grants from 
     the National Institutes of Health have and that are not 
     properly disclosed, vetted, and approved by the National 
     Institutes of Health, including the status of any ongoing 
     National Institutes of Health compliance reviews related to 
     such ties and any administrative actions taken to address 
     such concerns.
       ``(b) Requirement.--The Committees receiving the reports 
     under subsection (a) shall keep confidential, and shall not 
     release, any provision of such a report that is related to an 
     ongoing National Institutes of Health compliance review.''.
                                 ______
                                 
  SA 1939. 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 in subtitle A of title I of 
     division F, insert the following:

     SEC. 61__. NIH STRATEGIC PLAN.

       Section 402(m)(2) of the Public Health Service Act (42 
     U.S.C. 282(m)(2)) is amended--
       (1) in subparagraph (E), by striking ``; and'' and 
     inserting a semicolon;
       (2) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) address national security issues, including ways in 
     which the National Institutes of Health can engage with other 
     Federal agencies to modernize the national security strategy 
     of the National Institutes of Health; and''.
                                 ______
                                 
  SA 1940. 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 subtitle B of title II of division E, add 
     the following:

     SEC. 5214. REVIEWS BY COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES OF COVERED TRANSACTIONS INVOLVING 
                   GENETIC INFORMATION.

       (a) Requirements for Reviews.--
       (1) Mandatory declarations.--Section 721(b)(1)(C)(v)(IV) of 
     the Defense Production Act of 1950 (50 U.S.C. 
     4565(b)(1)(C)(v)(IV)) is amended--
       (A) by redesignating items (cc) through (gg) as items (dd) 
     through (hh), respectively; and
       (B) by inserting after item (bb) the following:
       ``(cc) Covered transactions involving genetic 
     information.--The parties to a covered transaction shall 
     submit a declaration described in subclause (I) with respect 
     to the transaction if the transaction involves an investment 
     described in subsection (a)(4)(B)(iii)(III) by a foreign 
     person in a United States business that maintains or collects 
     information about genetic tests of United States citizens, 
     including any such information relating to genomic 
     sequencing.''.
       (2) Consultation with secretary of health and human 
     services.--Section 721(k)(6) of the Defense Production Act of 
     1950 (50 U.S.C. 4565(k)(6)) is amended--
       (A) by striking ``The chairperson'' and inserting the 
     following:
       ``(A) In general.--The chairperson''; and
       (B) by adding at the end the following:
       ``(B) Covered transactions involving genetic information.--
     The chairperson shall consult with the Secretary of Health 
     and Human Services in any review or investigation under 
     subsection (a) of a covered transaction that involves an 
     investment described in subsection (a)(4)(B)(iii)(III) by a 
     foreign person in a United States business that maintains or 
     collects information about genetic tests of United States 
     citizens, including any such information relating to genomic 
     sequencing.''.
       (3) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Committee on Foreign 
     Investment in the United States shall prescribe regulations 
     to carry out the amendments made by this subsection.
       (b) Expansion of Committees Receiving Annual Testimony From 
     Committee on Foreign Investment in the United States.--
     Section 721(o) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(o)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``the Committee on Financial Services of the 
     House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate'' and inserting 
     ``the committees specified in paragraph (2)'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Committees specified.--The committees specified in 
     this paragraph are--

[[Page S3354]]

       ``(A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the Select Committee 
     on Intelligence of the Senate; and
       ``(B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.''.
       (c) Effective Date; Applicability.--The amendments made by 
     this section shall--
       (1) take effect on the date that is 90 days after the date 
     of the enactment of this Act; and
       (2) apply with respect to any covered transaction the 
     review or investigation of which is initiated under section 
     721 of the Defense Production Act of 1950 on or after the 
     date described in paragraph (1).
                                 ______
                                 
  SA 1941. 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:

       On page 275, between lines 22 and 23, insert the following:
       ``(12) How the eligible consortium will advance biosecurity 
     practices.
                                 ______
                                 
  SA 1942. Mr. HOEVEN 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 79, between lines 22 and 23, insert the following:
       (11) how the applicant will utilize existing 
     infrastructure, such as clean rooms, necessary to operate the 
     test bed.
                                 ______
                                 
  SA 1943. Mr. WICKER (for himself, Mr. Cardin, and Mr. Menendez) 
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 A of title II of division C, add 
     the following:

     SEC. 3219L. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND 
                   PREVENTION.

       (a) Short Title.--This section may be cited as the 
     ``Transnational Repression Accountability and Prevention Act 
     of 2021'' or as the ``TRAP Act of 2021''.
       (b) Findings.--Congress makes the following findings:
       (1) The International Criminal Police Organization 
     (INTERPOL) works to prevent and fight crime through enhanced 
     cooperation and innovation on police and security matters, 
     including kleptocracy, counterterrorism, cybercrime, 
     counternarcotics, and transnational organized crime.
       (2) United States membership and participation in INTERPOL 
     advances the national security and law enforcement interests 
     of the United States related to combating kleptocracy, 
     terrorism, cybercrime, narcotics, and transnational organized 
     crime.
       (3) Article 2 of INTERPOL's Constitution states that the 
     organization aims ``[to] ensure and promote the widest 
     possible mutual assistance between all criminal police 
     authorities . . . in the spirit of the `Universal Declaration 
     of Human Rights' ''.
       (4) Article 3 of INTERPOL's Constitution states that ``[i]t 
     is strictly forbidden for the Organization to undertake any 
     intervention or activities of a political, military, 
     religious or racial character''.
       (5) These principles provide INTERPOL with a foundation 
     based on respect for human rights and avoidance of 
     politically motivated actions by the organization and its 
     members.
       (6) According to the Justice Manual of the United States 
     Department of Justice, ``[i]n the United States, national law 
     prohibits the arrest of the subject of a Red Notice issued by 
     another INTERPOL member country, based upon the notice 
     alone''.
       (c) Sense of Congress.--It is the sense of Congress that 
     some INTERPOL member countries have repeatedly misused 
     INTERPOL's databases and processes, including Notice and 
     Diffusion mechanisms, for activities of an overtly political 
     or other unlawful character and in violation of international 
     human rights standards, including making requests to harass 
     or persecute political opponents, human rights defenders, or 
     journalists.
       (d) Support for INTERPOL Institutional Reforms.--The 
     Attorney General and the Secretary of State shall--
       (1) use the voice, vote, and influence of the United 
     States, as appropriate, within INTERPOL's General Assembly 
     and Executive Committee to promote reforms aimed at improving 
     the transparency of INTERPOL and ensuring its operation 
     consistent with its Constitution, particularly articles 2 and 
     3, and Rules on the Processing of Data, including--
       (A) supporting INTERPOL's reforms enhancing the screening 
     process for Notices, Diffusions, and other INTERPOL 
     communications to ensure they comply with INTERPOL's 
     Constitution and Rules on the Processing of Data (RPD);
       (B) supporting and strengthening INTERPOL's coordination 
     with the Commission for Control of INTERPOL's Files (CCF) in 
     cases in which INTERPOL or the CCF has determined that a 
     member country issued a Notice, Diffusion, or other INTERPOL 
     communication against an individual in violation of articles 
     2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit 
     such member country from seeking the publication or issuance 
     of any subsequent Notices, Diffusions, or other INTERPOL 
     communication against the same individual based on the same 
     set of claims or facts;
       (C) increasing, to the extent practicable, dedicated 
     funding to the CCF and the Notices and Diffusions Task Force 
     in order to further expand operations related to the review 
     of requests for red notices and red diffusions;
       (D) supporting candidates for positions within INTERPOL's 
     structures, including the Presidency, Executive Committee, 
     General Secretariat, and CCF who have demonstrated experience 
     relating to and respect for the rule of law;
       (E) seeking to require INTERPOL in its annual report to 
     provide a detailed account, disaggregated by member country 
     or entity of--
       (i) the number of Notice requests, disaggregated by color, 
     that it received;
       (ii) the number of Notice requests, disaggregated by color, 
     that it rejected;
       (iii) the category of violation identified in each instance 
     of a rejected Notice;
       (iv) the number of Diffusions that it cancelled without 
     reference to decisions by the CCF; and
       (v) the sources of all INTERPOL income during the reporting 
     period; and
       (F) supporting greater transparency by the CCF in its 
     annual report by providing a detailed account, disaggregated 
     by country, of--
       (i) the number of admissible requests for correction or 
     deletion of data received by the CCF regarding issued 
     Notices, Diffusions, and other INTERPOL communications; and
       (ii) the category of violation alleged in each such 
     complaint;
       (2) inform the INTERPOL General Secretariat about incidents 
     in which member countries abuse INTERPOL communications for 
     politically motivated or other unlawful purposes so that, as 
     appropriate, action can be taken by INTERPOL; and
       (3) request to censure member countries that repeatedly 
     abuse and misuse INTERPOL's red notice and red diffusion 
     mechanisms, including restricting the access of those 
     countries to INTERPOL's data and information systems.
       (e) Report on INTERPOL.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and biannually thereafter for a period 
     of 4 years, the Attorney General and the Secretary of State, 
     in consultation with the heads of other relevant United 
     States Government departments or agencies, shall submit to 
     the appropriate committees of Congress a report containing an 
     assessment of how INTERPOL member countries abuse INTERPOL 
     Red Notices, Diffusions, and other INTERPOL communications 
     for political motives and other unlawful purposes within the 
     past three years.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A list of countries that the Attorney General and the 
     Secretary determine have repeatedly abused and misused the 
     red notice and red diffusion mechanisms for political 
     purposes.
       (B) A description of the most common tactics employed by 
     member countries in conducting such abuse, including the 
     crimes most commonly alleged and the INTERPOL communications 
     most commonly exploited.
       (C) An assessment of the adequacy of INTERPOL mechanisms 
     for challenging abusive requests, including the Commission 
     for the Control of INTERPOL's Files (CCF), an assessment of 
     the CCF's March 2017 Operating Rules, and any shortcoming the 
     United States believes should be addressed.
       (D) A description of how INTERPOL's General Secretariat 
     identifies requests for red notice or red diffusions that are 
     politically motivated or are otherwise in violation of 
     INTERPOL's rules and how INTERPOL reviews and addresses cases 
     in which a member country has abused or misused the red 
     notice and red diffusion mechanisms for overtly political 
     purposes.

[[Page S3355]]

       (E) A description of any incidents in which the Department 
     of Justice assesses that United States courts and executive 
     departments or agencies have relied on INTERPOL 
     communications in contravention of existing law or policy to 
     seek the detention of individuals or render judgments 
     concerning their immigration status or requests for asylum, 
     with holding of removal, or convention against torture claims 
     and any measures the Department of Justice or other executive 
     departments or agencies took in response to these incidents.
       (F) A description of how the United States monitors and 
     responds to likely instances of abuse of INTERPOL 
     communications by member countries that could affect the 
     interests of the United States, including citizens and 
     nationals of the United States, employees of the United 
     States Government, aliens lawfully admitted for permanent 
     residence in the United States, aliens who are lawfully 
     present in the United States, or aliens with pending asylum, 
     withholding of removal, or convention against torture claims, 
     though they may be unlawfully present in the United States.
       (G) A description of what actions the United States takes 
     in response to credible information it receives concerning 
     likely abuse of INTERPOL communications targeting employees 
     of the United States Government for activities they undertook 
     in an official capacity.
       (H) A description of United States advocacy for reform and 
     good governance within INTERPOL.
       (I) A strategy for improving interagency coordination to 
     identify and address instances of INTERPOL abuse that affect 
     the interests of the United States, including international 
     respect for human rights and fundamental freedoms, citizens 
     and nationals of the United States, employees of the United 
     States Government, aliens lawfully admitted for permanent 
     residence in the United States, aliens who are lawfully 
     present in the United States, or aliens with pending asylum, 
     withholding of removal, or convention against torture claims, 
     though they may be unlawfully present in the United States.
       (3) Form of report.--Each report required under this 
     subsection shall be submitted in unclassified form, but may 
     include a classified annex, as appropriate. The unclassified 
     portion of the report shall be posted on a publicly available 
     website of the Department of State and of the Department of 
     Justice.
       (4) Briefing.--Not later than 30 days after the submission 
     of each report under paragraph (1), the Department of Justice 
     and the Department of State, in coordination with other 
     relevant United States Government departments and agencies, 
     shall brief the appropriate committees of Congress on the 
     content of the reports and recent instances of INTERPOL abuse 
     by member countries and United States efforts to identify and 
     challenge such abuse, including efforts to promote reform and 
     good governance within INTERPOL.
       (f) Prohibition Regarding Basis for Extradition.--No United 
     States Government department or agency may extradite an 
     individual based solely on an INTERPOL Red Notice or 
     Diffusion issued by another INTERPOL member country for such 
     individual.
       (g) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     the Judiciary of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     the Judiciary of the House of Representatives.
       (2) INTERPOL communications.--The term ``INTERPOL 
     communications'' means any INTERPOL Notice or Diffusion or 
     any entry into any INTERPOL database or other communications 
     system maintained by INTERPOL.
                                 ______
                                 
  SA 1944. 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 in subtitle A of title I of 
     division F, insert the following:

     SEC. 61__. PROHIBITED USE OF NIH FUNDING.

       Notwithstanding any other provision of law, no amounts made 
     available to the National Institutes of Health may be used 
     with respect to activities carried out by any company or its 
     subcontractors or subsidiaries--
       (1) over which control is exercised or exercisable by the 
     Government of the People's Republic of China, a national of 
     the People's Republic of China, or an entity organized under 
     the laws of the People's Republic of China; or
       (2) in which the Government of the People's Republic of 
     China has a substantial interest.
                                 ______
                                 
  SA 1945. 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 Previously 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)).
       (c) Prohibition on Use of Previously Available Commitment 
     Authority.--Amounts made available to the Department of 
     Energy for commitments to guarantee loans under section 1703 
     of the Energy Policy Act of 2005 (42 U.S.C. 16513) before the 
     date of enactment of this Act shall not be made available for 
     commitments to guarantee loans for projects described in 
     paragraph (13) of section 1703(b) of the Energy Policy Act of 
     2005 (42 U.S.C. 16513(b)).
                                 ______
                                 
  SA 1946. Mr. GRAHAM 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--COMBATING CHINESE THEFT OF TRADE SECRETS

     SEC. 7001. SHORT TITLE.

        This division may be cited as the ``Combating Chinese 
     Purloining of Trade Secrets Act'' or the ``CCP Trade Secrets 
     Act''.

 TITLE I--INCREASED PENALTIES FOR VIOLATIONS OF SECTION 2512 OF TITLE 
         18, UNITED STATES CODE, INVOLVING A FOREIGN GOVERNMENT

     SEC. 7101. MANUFACTURE, DISTRIBUTION, POSSESSION, AND 
                   ADVERTISING OF WIRE, ORAL, OR ELECTRONIC 
                   COMMUNICATION INTERCEPTING DEVICES PROHIBITED.

       (a) In General.--Section 2512 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(4) Any person who violates this section with the intent 
     to benefit any government of a foreign country (as defined in 
     section 1 of the Foreign Agents Registration Act of 1938, as 
     amended (22 U.S.C. 611)), agency or instrumentality of a 
     foreign state (as defined in section 1603(b) of title 28, 
     United States Code), or agent of a foreign principal (as 
     defined in section 1 of the Foreign Agents Registration Act 
     of 1938, as amended (22 U.S.C. 611)) shall be fined under 
     this title, imprisoned for not more than 20 years, or 
     both.''.
       (b) Sentencing Enhancement for Foreign Involvement in 
     Violations of Section 2512 of Title 18, United States Code.--
     Pursuant to its authority under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall review and amend the Federal sentencing guidelines to 
     ensure that the guidelines provide an additional penalty 
     increase of not fewer than 4 offense levels if the defendant 
     violated section 2512 of title 18, United States Code, with 
     the intent to benefit any government of a foreign country, 
     agency or instrumentality of a foreign state, or agent of a 
     foreign principal.

  TITLE II--PROTECTING U.S. BUSINESSES FROM FOREIGN TRADE SECRET THEFT

     SEC. 7201. SHORT TITLE.

        This title may be cited as the ``Protecting U.S. 
     Businesses from Foreign Trade Secrets Theft Act of 2021''.

     SEC. 7202. PROHIBITION ON MISAPPROPRIATING U.S. TRADE 
                   SECRETS.

       (a) In General.--Chapter 90 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1840. Applicability to foreign persons

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

[[Page S3356]]

       ``(1) the term `critical technology' has the meaning given 
     the term `critical technologies' in section 721 of the 
     Defense Production Act of 1950 (50 U.S.C. 4565);
       ``(2) the term `designated Federal agency' means--
       ``(A) the Department of Homeland Security;
       ``(B) U.S. Customs and Border Protection;
       ``(C) the Department of Commerce;
       ``(D) the Securities and Exchange Commission;
       ``(E) the Export-Import Bank of the United States;
       ``(F) the Department of State; and
       ``(G) the United States Patent and Trademark Office;
       ``(3) the term `foreign person' means a person that is not 
     a United States person;
       ``(4) the term `International Trade Commission' means the 
     United States International Trade Commission;
       ``(5) the term `offending foreign person' means a foreign 
     person--
       ``(A) who misappropriates a trade secret; and
       ``(B) with respect to whom a petition submitted under 
     subsection (b)(1) satisfies the requirements under that 
     subsection, as determined by the Attorney General;
       ``(6) the term `person' means--
       ``(A) an individual; and
       ``(B) a corporation, business association, partnership, 
     society, or trust, any other nongovernmental entity, 
     organization, or group, and any governmental entity operating 
     as a business enterprise; and
       ``(7) the term `United States person' means--
       ``(A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       ``(B) a corporation or other legal entity that is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia; and
       ``(C) a corporation or other legal entity--
       ``(i) organized under the laws of a jurisdiction outside of 
     the United States; and
       ``(ii) with respect to which a United States person 
     described in subparagraph (A) or (B)--

       ``(I) holds more than 50 percent of the equity interest by 
     vote or value;
       ``(II) holds a majority of seats on the board of directors; 
     or
       ``(III) otherwise controls the actions, policies, or 
     personnel decisions.

       ``(b) Petition for Relief.--
       ``(1) Demonstration of misappropriation.--If an owner of a 
     trade secret, who is a United States person, wishes to have 
     the Attorney General or the head of the applicable designated 
     Federal agency apply a penalty under subsection (c) to a 
     foreign person who has misappropriated the trade secret, the 
     owner shall submit to the Attorney General a petition 
     demonstrating that--
       ``(A)(i) a court has entered a temporary restraining order, 
     preliminary injunction, or final judgment under section 1836 
     of this title against the foreign person for misappropriating 
     a trade secret of the owner;
       ``(ii) the International Trade Commission has issued a 
     temporary exclusion order or final exclusion order under 
     section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) 
     against the foreign person for misappropriating a trade 
     secret of the owner; or
       ``(iii) an indictment has been issued under section 1831 or 
     1832 of this title against the foreign person for 
     misappropriating a trade secret of the owner;
       ``(B) the trade secret described in the applicable clause 
     of subparagraph (A) involves or is a component of critical 
     technology; and
       ``(C) the remedies available to the owner under section 
     1836 of this title or section 337 of the Tariff Act of 1930 
     (19 U.S.C. 1337), as applicable, are unlikely to provide 
     complete relief to the owner because the foreign person has 
     used or is reasonably likely to use the misappropriated trade 
     secret in the home country of the foreign person or a third 
     country, such that activities of the foreign person relevant 
     to the determinations under subparagraph (A) take place 
     outside the United States.
       ``(2) Review.--Not later than 60 days after the date on 
     which an owner who is a United States person submits a 
     petition to the Attorney General under paragraph (1), the 
     Attorney General shall determine whether the petition 
     satisfies the requirements under that paragraph.
       ``(3) Notification.--If the Attorney General determines 
     under paragraph (2) that a petition satisfies the 
     requirements under paragraph (1), the Attorney General shall 
     so notify the head of each designated Federal agency not 
     later than 30 days after the date of the determination.
       ``(4) Sense of congress.--It is the sense of Congress that 
     if the Attorney General determines under paragraph (2) that a 
     petition relating to a foreign person satisfies the 
     requirements under paragraph (1), the Attorney General and 
     the head of each designated Federal agency should impose 1 or 
     more penalties on the foreign person under subsection (c), to 
     the extent that the penalties are applicable.
       ``(c) Penalties.--
       ``(1) In general.--Subject to paragraphs (2) and (3), not 
     later than 90 days after the date on which the Attorney 
     General provides notice to the head of each designated 
     Federal agency under subsection (b)(3) with respect to an 
     offending foreign person, the Attorney General or the head of 
     a designated Federal agency, as applicable, may impose 1 or 
     more of the following penalties on the offending foreign 
     person:
       ``(A) Import restriction.--The Commissioner of U.S. Customs 
     and Border Protection may exclude from entry into the United 
     States any articles produced by the offending foreign person.
       ``(B) Export licenses.--
       ``(i) Dual-use exports.--The Secretary of Commerce may 
     refuse to issue any specific license, or grant any other 
     specific permission or authority, for the export, reexport, 
     or in-country transfer of items to the offending foreign 
     person under the Export Control Reform Act of 2018 (50 U.S.C. 
     4801 et seq.).
       ``(ii) Defense articles and defense services.--The 
     Secretary of State may refuse to issue any license or other 
     approval for the export of defense articles or defense 
     services to the offending foreign person under the Arms 
     Export Control Act (22 U.S.C. 2751 et seq.).
       ``(C) Restricted parties.--
       ``(i) Commerce lists.--The Secretary of Commerce may add 
     the offending foreign person to one of the following lists 
     maintained by the Bureau of Industry and Secretary of the 
     Department of Commerce:

       ``(I) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations under subchapter 
     C of chapter VII of title 15, Code of Federal Regulations.
       ``(II) The Denied Persons List maintained pursuant to 
     section 764.3 of the Export Administration Regulations.

       ``(ii) Treasury list.--The Secretary of the Treasury may 
     add the offending foreign person to the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury.
       ``(D) Securities reporting.--The Securities and Exchange 
     Commission may determine whether the use by the offending 
     foreign person of the misappropriated trade secret is a 
     reportable material condition in any filing by the offending 
     foreign person required under applicable securities laws of 
     the United States.
       ``(E) Patent protection.--The Under Secretary of Commerce 
     for Intellectual Property and Director of the United States 
     Patent and Trademark Office may prohibit the offending 
     foreign person from applying for patent protection, being 
     listed as an inventor on a patent application, or continuing 
     a patent application under title 35, United States Code.
       ``(F) Export-import bank assistance for exports to foreign 
     person.--The Export-Import Bank of the United States may 
     refuse to approve the issuance of any guarantee, insurance, 
     extension of credit, or participation in the extension of 
     credit in connection with the export of any goods or services 
     to the offending foreign person.
       ``(G) Exclusion of corporate officers.--The Secretary of 
     State may deny a visa application, and the Secretary of 
     Homeland Security may deny an application for admission to 
     the United States, of any alien that the applicable Secretary 
     determines is a corporate officer or principal of, or a 
     shareholder with a controlling interest in, the offending 
     foreign person.
       ``(H) Other penalties.--The Attorney General or the head of 
     a designated Federal agency--
       ``(i) may not procure, or enter into a contract for the 
     procurement of, any goods or services from the offending 
     foreign person;
       ``(ii) may prohibit, pursuant to notice issued by the 
     Attorney General, a United States person from knowingly 
     investing in or purchasing significant amounts of equity or 
     debt instruments of the offending foreign person;
       ``(iii) may impose on a principal executive officer of the 
     offending foreign person, or on an individual performing 
     similar functions and with similar authorities as such an 
     officer, any penalty under this subsection that could be 
     imposed on the offending foreign person; and
       ``(iv) may impose on the offending foreign person any other 
     penalty authorized under any provision of Federal law, as 
     determined appropriate.
       ``(2) Duration of penalties.--
       ``(A) Temporary penalty.--If a court enters a temporary 
     restraining order or preliminary injunction under section 
     1836 of this title against an offending foreign person for 
     misappropriating a trade secret, the International Trade 
     Commission issues a temporary exclusion order under section 
     337 of the Tariff Act of 1930 (19 U.S.C. 1337) against an 
     offending foreign person for misappropriating a trade secret, 
     or an indictment is issued under section 1831 or 1832 of this 
     title against an offending foreign person for 
     misappropriating a trade secret, the Attorney General or the 
     head of a designated Federal agency may impose a penalty 
     under paragraph (1) on the offending foreign person during 
     the period during which the temporary restraining order, 
     preliminary injunction, temporary exclusion order, or 
     indictment remains in effect.
       ``(B) Permanent penalty.--If a court enters a final 
     judgment under section 1836 of this title against an 
     offending foreign person for misappropriating a trade secret, 
     the International Trade Commission issues a final exclusion 
     order under section 337 of the Tariff Act of 1930 (19 U.S.C. 
     1337) against an offending foreign person for 
     misappropriating a trade secret, or an offending foreign 
     person is convicted under section 1831or 1832 of this title 
     of misappropriating a trade secret, the Attorney General or 
     the head of a designated Federal agency may permanently

[[Page S3357]]

     impose a penalty under paragraph (1) on the foreign person.
       ``(3) Petition for review.--
       ``(A) In general.--If the Attorney General or the head of a 
     designated Federal agency imposes a temporary penalty under 
     paragraph (2)(A) or a permanent penalty under paragraph 
     (2)(B) on an offending foreign person, the offending foreign 
     person may submit to the Attorney General or the head of the 
     designated Federal agency a petition for the revocation or 
     modification of the penalty--
       ``(i) not later 45 days after the date on which the penalty 
     is imposed; or
       ``(ii) in the case of a permanent penalty, if the final 
     judgment, final exclusion order, or conviction upon which the 
     permanent penalty is based is reversed on appeal or otherwise 
     vacated, not later than 45 days after the date of the 
     reversal or vacatur.
       ``(B) Contents of petition.--
       ``(i) In general.--An offending foreign person shall 
     include in a petition submitted under subparagraph (A) a full 
     written statement in support of the position of the offending 
     foreign person, including a precise statement of why--

       ``(I) an insufficient basis exists for the penalty; or
       ``(II) the circumstances resulting in the penalty no longer 
     apply.

       ``(ii) Remedial steps.--An offending foreign person may, in 
     a petition submitted under subparagraph (A), propose remedial 
     steps that would negate the basis for the penalty.
       ``(C) Determination.--The Attorney General or the head of a 
     designated Federal agency, as applicable, shall make a 
     determination with respect to a petition submitted under 
     subparagraph (A).
       ``(d) Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, and each year thereafter, the 
     Attorney General, in coordination with the head of each 
     designated Federal agency, shall submit to the Committee on 
     the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives a report that--
       ``(A) with respect to the preceding year--
       ``(i) identifies foreign countries, state-owned and state-
     controlled entities, and other persons that engaged in the 
     misappropriation of trade secrets owned by United States 
     persons;
       ``(ii) describes any strategy used by a foreign country to 
     undertake misappropriation of trade secrets owned by United 
     States persons;
       ``(iii) identifies categories of technologies developed by, 
     or trade secrets owned by, United States persons that were 
     targeted for misappropriation;
       ``(iv) lists legal actions taken under section 1836 of this 
     title, section 337 of the Tariff Act of 1930 (19 U.S.C. 
     1337), or section 1831 or 1832 of this title--

       ``(I) against an offending foreign person who 
     misappropriated a trade secret owned by a United States 
     person; and
       ``(II) as a result of which the products of the offending 
     foreign person described in subclause (I) may never enter the 
     United States; and

       ``(v) describes progress made in decreasing the prevalence 
     of misappropriation of trade secrets owned by United States 
     persons; and
       ``(B) recommends strategies to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives to decrease the misappropriation 
     by foreign persons of trade secrets owned by United States 
     persons.
       ``(2) Form of report.-- A report submitted under paragraph 
     (1) shall be submitted in unclassified form but may contain a 
     classified annex.''.
       (b) Table of Sections.--The table of sections for chapter 
     90 of title 18, United States Code, is amended by adding at 
     the end the following:

``1840. Applicability to foreign persons.''.

                    TITLE III--COMBATING CYBERCRIME

     SEC. 7301. SHORT TITLE.

        This title may be cited as the ``International Cybercrime 
     Prevention Act''.

     SEC. 7302. PREDICATE OFFENSES.

       Part I of title 18, United States Code, is amended--
       (1) in section 1956(c)(7)(D)--
       (A) by striking ``or section 2339D'' and inserting 
     ``section 2339D''; and
       (B) by striking ``of this title, section 46502'' and 
     inserting ``, or section 2512 (relating to the manufacture, 
     distribution, possession, and advertising of wire, oral, or 
     electronic communication intercepting devices) of this title, 
     section 46502''; and
       (2) in section 1961(1), by inserting ``section 1030 
     (relating to fraud and related activity in connection with 
     computers) if the act indictable under section 1030 is 
     felonious,'' before ``section 1084''.

     SEC. 7303. FORFEITURE.

       (a) In General.--Section 2513 of title 18, United States 
     Code, is amended to read as follows:

     ``SEC. 2513. CONFISCATION OF WIRE, ORAL, OR ELECTRONIC 
                   COMMUNICATION INTERCEPTING DEVICES AND OTHER 
                   PROPERTY.

       ``(a) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing a sentence on any 
     person convicted of a violation of section 2511 or 2512, or 
     convicted of conspiracy to violate section 2511 or 2512, 
     shall order, in addition to any other sentence imposed and 
     irrespective of any provision of State law, that such person 
     forfeit to the United States--
       ``(A) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained or retained directly 
     or indirectly as a result of such violation.
       ``(2) Forfeiture procedures.--Pursuant to section 2461(c) 
     of title 28, the provisions of section 413 of the Controlled 
     Substances Act (21 U.S.C. 853), other than subsection (d) 
     thereof, shall apply to criminal forfeitures under this 
     subsection.
       ``(b) Civil Forfeiture.--
       ``(1) In general.--The following shall be subject to 
     forfeiture to the United States in accordance with provisions 
     of chapter 46 and no property right shall exist in them:
       ``(A) Any property, real or personal, used or intended to 
     be used, in any manner, to commit, or facilitate the 
     commission of a violation of section 2511 or 2512, or a 
     conspiracy to violate section 2511 or 2512.
       ``(B) Any property, real or personal, constituting, or 
     traceable to the gross proceeds taken, obtained, or retained 
     in connection with or as a result of a violation of section 
     2511 or 2512, or a conspiracy to violate section 2511 or 
     2512.
       ``(2) Forfeiture procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 relating to civil forfeitures, except that such 
     duties as are imposed on the Secretary of the Treasury under 
     the customs laws described in section 981(d) shall be 
     performed by such officers, agents, and other persons as may 
     be designated for that purpose by the Secretary of Homeland 
     Security or the Attorney General.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 119 is amended by striking the item 
     relating to section 2513 and inserting the following:

``2513. Confiscation of wire, oral, or electronic communication 
              intercepting devices and other property.''.

     SEC. 7304. SHUTTING DOWN BOTNETS.

       (a) In General.--Section 1345 of title 18, United States 
     Code, is amended--
       (1) in the heading, by inserting ``and abuse'' after 
     ``fraud'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``or'' at the end;
       (ii) in subparagraph (C), by inserting ``or'' after the 
     semicolon; and
       (iii) by inserting after subparagraph (C) the following:
       ``(D) violating or about to violate section 1030(a)(5) of 
     this title where such conduct has caused or would cause 
     damage (as defined in section 1030) without authorization to 
     100 or more protected computers (as defined in section 1030) 
     during any 1-year period, including by--
       ``(i) impairing the availability or integrity of the 
     protected computers without authorization; or
       ``(ii) installing or maintaining control over malicious 
     software on the protected computers that, without 
     authorization, has caused or would cause damage to the 
     protected computers;''; and
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, a violation described in subsection 
     (a)(1)(D),'' before ``or a Federal''; and
       (3) by adding at the end the following:
       ``(c) A restraining order, prohibition, or other action 
     described in subsection (b), if issued in circumstances 
     described in subsection (a)(1)(D), may, upon application of 
     the Attorney General--
       ``(1) specify that no cause of action shall lie in any 
     court against a person for complying with the restraining 
     order, prohibition, or other action; and
       ``(2) provide that the United States shall pay to such 
     person a fee for reimbursement for such costs as are 
     reasonably necessary and which have been directly incurred in 
     complying with the restraining order, prohibition, or other 
     action.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 63 of title 18, United States Code, is 
     amended by striking the item relating to section 1345 and 
     inserting the following:

``1345. Injunctions against fraud and abuse.''.

     SEC. 7305. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE 
                   COMPUTER.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1030 the 
     following:

     ``Sec. 1030A. Aggravated damage to a critical infrastructure 
       computer

       ``(a) Offense.--It shall be unlawful, during and in 
     relation to a felony violation of section 1030, to knowingly 
     cause or attempt to cause damage to a critical infrastructure 
     computer, if such damage results in (or, in the case of an 
     attempted offense, would, if completed, have resulted in) the 
     substantial impairment--
       ``(1) of the operation of the critical infrastructure 
     computer; or
       ``(2) of the critical infrastructure associated with such 
     computer.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall, in addition to the term of punishment provided for the 
     felony violation of section 1030, be fined under this title, 
     imprisoned for not more than 20 years, or both.

[[Page S3358]]

       ``(c) Consecutive Sentence.--Notwithstanding any other 
     provision of law--
       ``(1) a court shall not place any person convicted of a 
     violation of this section on probation;
       ``(2) except as provided in paragraph (4), no term of 
     imprisonment imposed on a person under this section shall run 
     concurrently with any term of imprisonment imposed on the 
     person under any other provision of law, including any term 
     of imprisonment imposed for the felony violation of section 
     1030;
       ``(3) in determining any term of imprisonment to be imposed 
     for the felony violation of section 1030, a court shall not 
     in any way reduce the term to be imposed for such violation 
     to compensate for, or otherwise take into account, any 
     separate term of imprisonment imposed or to be imposed for a 
     violation of this section; and
       ``(4) a term of imprisonment imposed on a person for a 
     violation of this section may, in the discretion of the 
     court, run concurrently, in whole or in part, only with 
     another term of imprisonment that is imposed by the court at 
     the same time on that person for an additional violation of 
     this section, if such discretion shall be exercised in 
     accordance with any applicable guidelines and policy 
     statements issued by the United States Sentencing Commission 
     pursuant to section 994 of title 28.
       ``(d) Definitions.--In this section--
       ``(1) the terms `computer' and `damage' have the meanings 
     given the terms in section 1030; and
       ``(2) the term `critical infrastructure' means systems and 
     assets, whether physical or virtual, so vital to the United 
     States that the incapacity or destruction of such systems and 
     assets would have catastrophic regional or national effects 
     on public health or safety, economic security, or national 
     security, including voter registration databases, voting 
     machines, and other communications systems that manage the 
     election process or report and display results on behalf of 
     State and local governments.''.
       (b) Table of Sections.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1030 the following:

``1030A. Aggravated damage to a critical infrastructure computer.''.

     SEC. 7306. STOPPING TRAFFICKING IN BOTNETS; FRAUD AND RELATED 
                   ACTIVITY IN CONNECTION WITH COMPUTERS.

       (a) In General.--Section 1030 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2) and inserting the following:
       ``(2)(A) intentionally accesses a computer without 
     authorization or exceeds authorized access, and thereby 
     obtains information, if--
       ``(i) the conduct was undertaken in furtherance of any 
     felony violation of the laws of the United States or of any 
     State, unless an element of such violation would require 
     proof that the information was obtained without authorization 
     or in excess of authorization; or
       ``(ii) the protected computer is owned or operated by or on 
     behalf of a State or local governmental entity responsible 
     for the administration of justice, public health, or safety, 
     or owned or operated by or on behalf of the United States 
     Government; or
       ``(B) intentionally accesses a computer without 
     authorization, and thereby obtains information from any 
     protected computer;'';
       (B) by striking paragraph (6) and inserting the following:
       ``(6) knowing such conduct to be wrongful, intentionally 
     traffics in any password or similar information, or any other 
     means of access, further knowing or having reason to know 
     that a protected computer would be accessed or damaged 
     without authorization in a manner prohibited by this section 
     as the result of such trafficking;'';
       (C) in paragraph (7), by adding ``or'' at the end; and
       (D) by inserting after paragraph (7) the following:
       ``(8) intentionally traffics in the means of access to a 
     protected computer, if--
       ``(A) the trafficker knows or has reason to know the 
     protected computer has been damaged in a manner prohibited by 
     this section; and
       ``(B) the promise or agreement to pay for the means of 
     access is made by, or on behalf of, a person the trafficker 
     knows or has reason to know intends to use the means of 
     access to--
       ``(i) damage a protected computer without authorization; or
       ``(ii) violate section 1037 or 1343;'';
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``, (a)(3), or (a)(6)'' 
     each place it appears and inserting ``or (a)(3)'';
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking ``(a)(4) or (a)(7)'' 
     and inserting ``(a)(4), (a)(7), or (a)(8)''; and
       (ii) in subparagraph (B), by striking ``(a)(4), or (a)(7)'' 
     and inserting ``(a)(4), (a)(7), or (a)(8)''; and
       (C) in paragraph (4)--
       (i) in subparagraph (C)(i), by striking ``or an attempt to 
     commit an offense''; and
       (ii) in subparagraph (D), by striking clause (ii) and 
     inserting the following:
       ``(ii) an offense, or an attempt to commit an offense, 
     under subsection (a)(6);'';
       (3) in subsection (e)--
       (A) by striking paragraph (6) and inserting the following:
       ``(6) the term `exceeds authorized access' means--
       ``(A)(i) to access a computer with authorization and 
     thereby to knowingly obtain information from such computer 
     that the accessor is not entitled to obtain; or
       ``(ii) to knowingly obtain any information from such 
     computer for a purpose that is prohibited by the computer 
     owner; and
       ``(B) provided that the limitation on access to or use of 
     the information is not based solely on the terms governing 
     use of an online service by customers or subscribers thereof, 
     including terms set forth in an acceptable use policy or 
     terms of service;'';
       (B) by striking paragraph (10);
       (C) by redesignating paragraphs (11) and (12) as paragraphs 
     (10) and (11), respectively;
       (D) in paragraph (10), as so resdesignated, by striking 
     ``and'';
       (E) in paragraph (11), as so redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (F) by adding at the end the following:
       ``(12) the term `online service'--
       ``(A) means an electronic communication service (as defined 
     in section 2510) to the public, a remote computing service 
     (as defined in section 2711), or other service that provides 
     content or computing services to the public over the 
     Internet; and
       ``(B) does not include an enterprise service;
       ``(13) the term `enterprise service' means any electronic 
     communication service (as defined in section 2510) to the 
     public, remote computing service (as defined in section 
     2711), or other service that provides content or computing 
     services to the public for which the user, customer, or 
     subscriber has paid, or on whose behalf has been paid, more 
     than $10,000 in a calendar year in exchange for the right to 
     access or use the service; and
       ``(14) the term `traffic', except as provided in subsection 
     (a)(6), means transfer, or otherwise dispose of, to another 
     as consideration for the receipt of, or as consideration for 
     a promise or agreement to pay, anything of pecuniary 
     value.'';
       (4) in subsection (g), in the first sentence, by inserting 
     ``, except for a violation of subsection (a)(6),'' after ``of 
     this section''; and
       (5) by striking subsections (i) and (j) and inserting the 
     following:
       ``(i) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing a sentence on any 
     person convicted of a violation of this section, or convicted 
     of conspiracy to violate this section, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person forfeit to the 
     United States--
       ``(A) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained or retained, 
     directly or indirectly, as a result of such violation.
       ``(2) Forfeiture procedures.--Pursuant to section 2461(c) 
     of title 28, the provisions of section 413 of the Controlled 
     Substances Act (21 U.S.C. 853), other than subsection (d) 
     thereof, shall apply to criminal forfeitures under this 
     subsection.
       ``(j) Civil Forfeiture.--
       ``(1) In general.--The following shall be subject to 
     forfeiture to the United States in accordance with chapter 
     46, and no property right shall exist in them:
       ``(A) Any property, real or personal, used or intended to 
     be used, in any manner--
       ``(i) to commit, or facilitate the commission of, a 
     violation of this section; or
       ``(ii) in a conspiracy to violate this section.
       ``(B) Any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained 
     in connection with or as a result of--
       ``(i) a violation of this section; or
       ``(ii) a conspiracy to violate this section.
       ``(2) Forfeiture procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 that apply to civil forfeitures, except that such 
     duties as are imposed on the Secretary of the Treasury under 
     the customs laws described in section 981(d) shall be 
     performed by such officers, agents, and other persons as may 
     be designated for that purpose by the Secretary of Homeland 
     Security or the Attorney General.''.
       (b) Technical and Conforming Amendment.--Section 7431(e)(3) 
     of the Internal Revenue Code of 1986 is amended by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (B)(iii)''.

TITLE IV--ESPIONAGE, THEFT OF TRADE SECRETS, AND IMPROPER INTERFERENCE 
                       IN UNITED STATES ELECTIONS

     SEC. 7401. ESPIONAGE, THEFT OF TRADE SECRETS, THEFT OF 
                   INTELLECTUAL PROPERTY, INVOLVEMENT IN 
                   COMMERCIAL FRAUD SCHEMES, AND IMPROPER 
                   INTERFERENCE IN UNITED STATES ELECTIONS.

       (a) Definitions.--Section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)) is amended by adding at 
     the end the following:
       ``(53)(A) The term `espionage' means conduct--
       ``(i) in violation of--

       ``(I) the Act of June 15, 1917 (40 Stat. 217, chapter 30) 
     (commonly known as the `Espionage Act of 1917');
       ``(II) chapter 90 of title 18, United States Code (commonly 
     known as the `Economic Espionage Act of 1996'); or

[[Page S3359]]

       ``(III) any other Federal criminal law relating to an 
     activity described in clause (ii); or

       ``(ii)(I) by an alien who is under the direction of--

       ``(aa) a foreign government; or
       ``(bb) an intermediary individual or entity that seeks to 
     serve, support, or benefit a foreign government; and

       ``(II) with respect to confidential information, that 
     constitutes--

       ``(aa) stealing or, without authorization, appropriating, 
     taking, carrying away, concealing, or, by fraud, artifice, or 
     deception, obtaining such information;
       ``(bb) without authorization, copying, duplicating, 
     sketching, drawing, photographing, downloading, uploading, 
     altering, destroying, photocopying, replicating, 
     transmitting, delivering, sending, mailing, communicating, or 
     conveying such information; or
       ``(cc) receiving, buying, or possessing such information, 
     knowing that the information has been stolen or appropriated, 
     obtained, or converted without authorization.

       ``(B) The term `espionage' includes economic espionage.
       ``(54) The term `improper interference in a United States 
     election' means conduct by an alien that--
       ``(A)(i) violates Federal criminal, voting rights, or 
     campaign finance law; or
       ``(ii) is under the direction of--
       ``(I) a foreign government; or
       ``(II) an intermediary individual or entity that seeks to 
     serve, support, or benefit a foreign government; and
       ``(B) interferes with a general or primary Federal, State, 
     or local election or caucus, including--
       ``(i) the campaign of a candidate; and
       ``(ii) a ballot measure, including--

       ``(I) an amendment;
       ``(II) a bond issue;
       ``(III) an initiative;
       ``(IV) a recall;
       ``(V) a referral; and
       ``(VI) a referendum.

       ``(55) The term `theft of a trade secret' means conduct--
       ``(A) in violation of--
       ``(i) chapter 90 of title 18, United States Code (commonly 
     known as the `Economic Espionage Act of 1996'); or
       ``(ii) any other Federal criminal law relating to an 
     activity described in subparagraph (B); or
       ``(B)(i) by an alien who is under the direction of--
       ``(I) a foreign government; or
       ``(II) an intermediary individual or entity that seeks to 
     serve, support, or benefit a foreign government; and
       ``(ii) with respect to a trade secret relating to a product 
     or service used or intended for use in interstate or foreign 
     commerce, that constitutes--
       ``(I) stealing or, without authorization, appropriating, 
     taking, carrying away, concealing, or, by fraud, artifice, or 
     deception, obtaining such trade secret for the economic 
     benefit of any person other than the owner of the trade 
     secret;
       ``(II) without authorization, copying, duplicating, 
     sketching, drawing, photographing, downloading, uploading, 
     altering, destroying, photocopying, replicating, 
     transmitting, delivering, sending, mailing, communicating, or 
     conveying such trade secret; or
       ``(III) receiving, buying, or possessing such trade secret, 
     knowing that the trade secret has been stolen or 
     appropriated, obtained, or converted without 
     authorization.''.
       (b) Inadmissibility.--Section 212(a)(3) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by 
     adding at the end the following:
       ``(H) Espionage and theft of trade secrets.--An alien is 
     inadmissible if a consular officer, the Secretary of Homeland 
     Security, the Secretary of State, or the Attorney General 
     knows, or has reasonable grounds to believe--
       ``(i) the alien is seeking admission or sought admission to 
     the United States to engage in espionage or theft of a trade 
     secret;
       ``(ii) the alien has engaged or intends to engage in 
     espionage or theft of a trade secret; or
       ``(iii) the affiliation or activities of the alien with, or 
     the control of the alien by, an individual, an entity, or a 
     funding mechanism known or reasonably believed to be engaged 
     in, or to have the intention of engaging in, espionage or 
     theft of a trade secret.
       ``(I) Improper interference in a united states election.--
     Any alien who a consular officer, the Secretary of Homeland 
     Security, the Secretary of State, or the Attorney General 
     knows, or has reasonable grounds to believe, is seeking 
     admission to the United States to engage in improper 
     interference in a United States election, or who has engaged 
     in improper interference in a United States election, is 
     inadmissible.''.
       (c) Deportability.--Section 237(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1227(a)) is amended by adding at 
     the end the following:
       ``(8) Espionage and theft of trade secrets.--Any alien who 
     has engaged, is engaged, or at any time after admission 
     engages in espionage or theft of a trade secret is 
     deportable.
       ``(9) Improper interference in a united states election.--
     Any alien who has engaged, is engaged, or at any time after 
     admission engages in improper interference in a United States 
     election is deportable.''.

     SEC. 7402. VISA AND NONIMMIGRANT STATUS RESTRICTIONS.

       (a) Period of Authorized Stay for Certain Citizens and 
     Nationals of the People's Republic of China.--Section 
     214(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1184(a)(2)) is amended by adding at the end the following:
       ``(C)(i) The period of authorized stay for a citizen or 
     national of the People's Republic of China who seeks 
     admission to the United States as a nonimmigrant described in 
     subparagraph (F), (J), or (M) of section 101(a)(15) to study, 
     research, teach, or work in any field described in the most 
     recent technology alert list of the Department of State or in 
     section 221(j)(1)--
       ``(I) shall be--
       ``(aa) a fixed period of not more than 4 years; or
       ``(bb) the length of the program identified on the Form I-
     20, Certificate of Eligibility for Nonimmigrant Student 
     Status, or the Form DS-2019, Certificate of Eligibility for 
     Exchange Visitor Status, as applicable, of such citizen or 
     national of the People's Republic of China; and
       ``(II) may be extended by the Secretary of Homeland 
     Security for 1 or more additional periods of not more than 2 
     years.
       ``(ii) This subparagraph shall not apply to any national of 
     Hong Kong or Macau.''.
       (b) Prohibition on Issuance of Visas to Certain Citizens 
     and Nationals of the People's Republic of China.--Section 221 
     of the Immigration and Nationality Act (8 U.S.C. 1201) is 
     amended by adding at the end the following:
       ``(j) Prohibition on Issuance of Visas to Certain Citizens 
     and Nationals of the People's Republic of China.--
       ``(1) In general.--The Secretary of State shall deny a visa 
     to, and the Secretary of Homeland Security shall not admit 
     into the United States, or grant a change of nonimmigrant 
     status to, an alien who is a citizen or national of the 
     People's Republic of China if the Secretary of State or the 
     Secretary of Homeland Security determines that the alien--
       ``(A) presents a risk to national security; or
       ``(B) otherwise seeks to enter the United States to 
     participate in graduate-level coursework or research at an 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a 
     field described in paragraph (2).
       ``(2) Fields described.--The fields described in this 
     paragraph are--
       ``(A) the military or intelligence sector;
       ``(B) the energy sector;
       ``(C) nuclear science or nuclear engineering;
       ``(D) high-end numerical control machinery and robotics;
       ``(E) autonomous systems or machine learning;
       ``(F) artificial intelligence;
       ``(G) production and application of high-performance 
     medical devices;
       ``(H) semiconductors;
       ``(I) new energy vehicles;
       ``(J) mobile phone technology;
       ``(K) next-generation information technology;
       ``(L) aviation, aeronautics, or space;
       ``(M) biomedicine; and
       ``(N) any related field, as determined by the Secretary of 
     State or the Secretary of Homeland Security.
       ``(3) Termination of status.--
       ``(A) In general.--With respect to an alien who is a 
     citizen or national of the People's Republic of China who has 
     been admitted to the United States as a nonimmigrant 
     described in subparagraph (F), (J), or (M) of section 
     101(a)(15), the Secretary of Homeland Security shall 
     terminate the status and employment authorization of, and 
     revoke any petition approval of or on behalf of, the alien if 
     the Secretary determines that after such admission the 
     alien--
       ``(i) has engaged in an activity or affiliation that 
     presents a risk to national security; or
       ``(ii) has changed his or her program, course of study, 
     research, or employment to graduate-level coursework or 
     research at an institution of higher education in a field 
     described in paragraph (2).
       ``(B) Failure to maintain nonimmigrant status.--Any change 
     or attempted change described in subparagraph (A) shall be 
     considered to be a failure to maintain nonimmigrant status 
     under this Act.
       ``(4) Inapplicability to nationals of hong kong and 
     macau.--This subsection shall not apply to any national of 
     Hong Kong or Macau.''.
       (c) Applicability.--The amendments made by this section 
     shall apply with respect to--
       (1) any visa application filed on or after the date of the 
     enactment of this Act; and
       (2) the status of any alien, except for a national of Hong 
     Kong or Macau, who--
       (A) is a citizen or national of the People's Republic of 
     China, regardless of the country of the passport presented 
     by, or the country of residence of, the alien;
       (B) before, on, or after the date of the enactment of this 
     Act, has been or is admitted to the United States as a 
     nonimmigrant described in subparagraph (F), (J), or (M) of 
     section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)); and
       (C) has changed or changes his or her program, course of 
     study, research, or employment to graduate-level coursework 
     or research at an institution of higher education (as defined 
     in section 101(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1001(a))) in a

[[Page S3360]]

     field described in section 221(j)(1) of the Immigration and 
     Nationality Act (as added by subsection (b)).

              TITLE V--GOVERNMENT-FUNDED RESEARCH PROJECTS

     SEC. 7501. FINDINGS.

        Congress find the following:
       (1) The People's Republic of China (referred to in this 
     subsection as ``the PRC'' or ``China'') poses an existential 
     threat to the economic interests and national security of the 
     United States, in part due to the continued efforts of the 
     PRC to steal sensitive technology and proprietary information 
     from companies, academic institutions, and other 
     organizations of the United States through economic espionage 
     and other forms of nontraditional espionage.
       (2) The PRC, through the Chinese Communist Party (referred 
     to in this subsection as the ``CCP''), has long had an 
     interest in replacing the United States as the world's 
     foremost superpower. China takes a holistic approach towards 
     achieving its long-term goals, which are rooted in the 
     concept of a comprehensive national power, including 
     achieving dominance in economics, military affairs, science 
     and technology, education, and global influence.
       (3) Nontraditional forms of espionage serve as primary 
     tools to further the goals of the CCP. Those tools include 
     talent recruitment programs designed to recruit Chinese 
     nationals to acquire knowledge about--and, often, steal--
     valuable and sensitive research at universities and research 
     institutions abroad, and to lure foreign experts to China to 
     work on key strategic programs. More broadly, the PRC uses 
     mergers and acquisitions or joint ventures as a means to gain 
     access to high-level technology, uses cyber intrusions to 
     steal information, and uses front companies for PRC-related 
     entities to acquire export-controlled technology.
       (4) In 2015, President Xi Jinping of the PRC released the 
     ``Made in China 2025'' initiative, a 10-year plan to update 
     the manufacturing base of China by developing the following 
     10 high-tech industries:
       (A) Electric cars and other new energy vehicles.
       (B) Next-generation information technology and 
     telecommunications.
       (C) Advanced robotics and artificial intelligence.
       (D) Aerospace equipment.
       (E) Bio-medicine and high-end medical equipment.
       (F) Ocean engineering equipment and high-end vessels.
       (G) High-end rail transportation equipment.
       (H) Electrical equipment.
       (I) Farming machines.
       (J) New materials, such as polymers.
       (5) In attempting to overtake the United States and achieve 
     its Made in China 2025 goals, China has systematically sought 
     to identify areas of American innovation, education, and 
     technology that could be replicated, stolen, or appropriated.
       (6) The very nature of the open society of the United 
     States--a free market economy that incentivizes creativity 
     and ingenuity and promotes the free flow of capital and 
     ideas, a higher education system and scientific research 
     community that encourages collaboration domestically and 
     internationally, and a liberal democratic government that 
     lacks a top-down, authoritarian structure--creates 
     opportunities for the PRC to target the United States in ways 
     that are either not adequately protected or not even 
     anticipated as possible threats.
       (7) The Director of the Federal Bureau of Investigation has 
     assessed that ``there's no country that's even close'' to the 
     PRC when it comes to foreign espionage, in traditional or 
     nontraditional forms.
       (8) As the 2018 Foreign Economic Espionage in Cyberspace 
     report of the National Counterintelligence and Security 
     Center (commonly known as the ``NCSC'') stated, China has 
     expansive efforts in place to acquire United States 
     technology, including sensitive trade secrets and proprietary 
     information. China continues to use cyber espionage to 
     support its strategic development goals--science and 
     technology advancement, military modernization, and economic 
     policy objectives. Chinese companies and individuals often 
     acquire United States technology for commercial and 
     scientific purposes.
       (9) In April 2020, the Office of the United States Trade 
     Representative (referred to in this subsection as the 
     ``USTR'') issued its annual Special 301 Report, in which the 
     USTR reviews the state of intellectual property protection 
     and enforcement in trading partners of the United States 
     around the world. The USTR continues to place China on the 
     Priority Watch List, which reflects ``United States concerns 
     with China's system of pressuring and coercing technology 
     transfer, and the continued need for fundamental structural 
     changes to strengthen IP protection and enforcement, 
     including as to trade secret theft, obstacles to protecting 
     trademarks, online piracy and counterfeiting, the high-volume 
     manufacturing and export of counterfeit goods, and 
     impediments to pharmaceutical innovation.''.
       (10) The theft of intellectual property, trade secrets, 
     sensitive technology, and scientific and other academic 
     research all contribute to China's goal of achieving 
     preeminent superpower status. China's failure to respect 
     intellectual property rights, failure to adhere to the rule 
     of law, and efforts to obtain intellectual property, trade 
     secrets, technology, and research through improper or illicit 
     means all pose a significant economic and national security 
     threat to the United States.
       (11) In recent years, China has increased its use of 
     nontraditional espionage to target colleges and universities 
     in the United States, particularly with respect to cutting 
     edge research and technologies being developed by such 
     universities, including technology that has military 
     applications.
       (12) The universities of the United States provide fertile 
     ground for nontraditional espionage given the open, 
     international, and collaborative nature of most university 
     research and the legitimate interest of universities in 
     encouraging international collaboration.
       (13) While the United States benefits from attracting the 
     top research talent from around the world, universities 
     nevertheless must take appropriate measures to ensure that 
     China is not able to use academic collaboration to steal 
     United States intellectual property or engage in other 
     activities that might harm the national security of the 
     United States.
       (14) In response to the increased wave of nontraditional 
     espionage over recent years, the Department of Justice 
     launched a China Initiative in 2018. The goal of the China 
     Initiative is to identify and prosecute individuals and 
     entities engaged in economic and other nontraditional 
     espionage, trade secret theft, hacking, and other crimes, 
     while protecting critical infrastructure against external 
     threats and combating covert efforts to influence the 
     American public.
       (15) Several recent criminal and civil enforcement actions 
     taken by the Department of Justice highlight China's 
     pervasive and illegal targeting of intellectual property and 
     valuable research from United States universities, including 
     the following:
       (A) Dr. Qing Wang was a former employee of the Cleveland 
     Clinic Foundation. He had received more than $3,000,000 in 
     grant funding from the National Institutes of Health 
     (commonly known as ``NIH''). Dr. Wang was charged in a 
     criminal complaint with knowingly failing to disclose to NIH 
     that he was Dean of the College of Life Sciences and 
     Technology at the Huazhong University of Science and 
     Technology (referred to in this subparagraph as ``HUST'') and 
     received grant funds from the National Natural Science 
     Foundation of China for some of the same scientific research 
     funded by NIH. Dr. Wang also allegedly participated in the 
     Thousand Talents Program, for which China provided $3,000,000 
     in research support to enhance the facilities and operations 
     at HUST. Federal law enforcement agencies arrested Dr. Wang 
     in May 2020.
       (B) Dr. James Patrick Lewis was a tenured professor at West 
     Virginia University in the physics department from 2006 to 
     2019. In July 2017, Dr. Lewis entered into a contract of 
     employment with the PRC through its Global Experts Thousand 
     Talents Plan. In March 2020, Dr. Lewis pled guilty to 1 count 
     of Federal program fraud.
       (C) Anming Hu, an Associate Professor in the Department of 
     Mechanical, Aerospace, and Biomedical Engineering at the 
     University of Tennessee, Knoxville (commonly known as 
     ``UT''), allegedly engaged in a scheme to defraud the 
     National Aeronautics and Space Administration (commonly known 
     as ``NASA'') by concealing his affiliation with Beijing 
     University of Technology (referred to in this subparagraph as 
     ``BJUT''). Hu's false representations to UT about his 
     affiliation with BJUT caused UT to falsely certify to NASA 
     that UT was in compliance with Federal law. In February 2020, 
     Mr. Hu was indicted on Federal charges of wire fraud and 
     false statements.
       (D) Dr. Charles Lieber served as the Principal Investigator 
     of the Lieber Research Group at Harvard University, which 
     specialized in the area of nanoscience. Dr. Lieber had 
     received more than $15,000,000 in grant funding from NIH and 
     the Department of Defense since 2008. Unbeknownst to Harvard 
     University, beginning in 2011, Lieber allegedly became a 
     ``Strategic Scientist'' at Wuhan University of Technology in 
     China (referred to in this subparagraph as ``WUT'') and was a 
     contractual participant in the Thousand Talents Plan from 
     2012 to 2017. Under the terms of the Thousand Talents 
     contract, WUT paid Lieber $50,000 per month, paid him living 
     expenses of up to approximately $158,000, and awarded him 
     more than $1,500,000 to establish a research lab at WUT. In 
     return, Lieber was obligated to work for WUT for 9 months per 
     year. Lieber lied about his involvement with WUT to both 
     Harvard University and Federal investigators. In January 
     2020, Lieber was arrested and charged with making a 
     materially false, fictitious and fraudulent statement.
       (E) In January 2020, Yanqing Ye, a Chinese national, 
     Lieutenant of the People's Liberation Army (referred to in 
     this subparagraph as the ``PLA''), and member of the CCP, was 
     indicted on visa fraud, false statements, and acting as an 
     agent of a foreign power without prior notification. Ye 
     allegedly falsely identified as a student and lied about her 
     ongoing military service at the National University of 
     Defense Technology. While studying at Boston University's 
     Department of Physics, Chemistry, and Biomedical Engineering, 
     Ye continued to work as a PLA Lieutenant and completed 
     assignments from PLA officers, including conducting research, 
     assessing United States military websites, and sending United 
     States documents and information to China.

[[Page S3361]]

       (F) In January 2020, Zaoson Zheng, a Chinese national, was 
     arrested at Logan Airport in Boston and charged with 
     attempting to smuggle 21 vials of biological research to 
     China. Zheng had allegedly entered the United States in 2018 
     on a J-1 visa and conducted cancer cell research at Beth 
     Israel Deaconess Medical Center in Boston. Zheng admitted he 
     stole the vials from a lab at Beth Israel, and that he 
     intended to bring the vials to China, use them to conduct 
     research in his own laboratory, and publish the results under 
     his own name.
       (G) In December 2019, the Van Andel Research Institute 
     (referred to in this subparagraph as ``VARI'') reached a 
     settlement with the Department of Justice to pay $5,500,000 
     to resolve allegations that it violated the law commonly 
     known as the False Claims Act (section 3729 through 3733 of 
     title 31, United States Code) by failing to disclose, in 
     Federal grant applications and progress reports submitted to 
     NIH, that the Chinese government funded 2 VARI researchers 
     through grants. The VARI researchers were receiving research 
     funding from Chinese sources while VARI was applying for and 
     receiving NIH funding on their behalf.
       (H) In September 2019, Yu Zhou and Li Chen were charged 
     with crimes related to stealing exosome-related trade 
     secrets. Zhou and Chen, spouses who worked in separate 
     medical research labs at the Nationwide Children's Hospital 
     Research Institute, conspired to steal scientific trade 
     secrets related to exosomes and exosome isolation from the 
     Research Institute. The couple allegedly founded a company in 
     China without the hospital's knowledge. While employed at the 
     Research Institute, they marketed products and services 
     related to exosome isolation through their Chinese company. 
     They also founded an American biotechnology company 
     advertising products and services related to exosomes 
     isolation, including a kit developed from a trade secret 
     created at a Nationwide Children's research lab. They 
     eventually received more than $876,000 and stock related to 
     an asset purchase agreement involving the American company.
       (I) In August 2019, Feng Tao, an associate professor at 
     Kansas University, was indicted on Federal charges for 
     concealing the fact that he was a full-time employee for 
     Fuzhou University in China while doing research at Kansas 
     University funded by the United States Government. Tao 
     allegedly defrauded the United States Government by 
     unlawfully receiving Federal grant money at the same time 
     that he was employed and paid by a Chinese research 
     university.
       (J) Weiqiang Zhang, a Chinese national and United States 
     legal permanent resident, acquired, without authorization, 
     hundreds of rice seeds produced by his employer, Ventria 
     Bioscience. Ventria is a Kansas biopharmaceutical research 
     facility that develops genetically programmed rice to express 
     recombinant human proteins, which are then extracted for use 
     in the therapeutic and medical fields. Ventria spent millions 
     of dollars and years of research developing its seeds and 
     cost-effective methods to extract the proteins. Ventria used 
     locked doors with magnetic card readers to restrict access to 
     the temperature-controlled environment where the seeds were 
     stored and processed. Zhang worked as a rice breeder for 
     Ventria. In 2013, personnel from a crop research institute in 
     China visited Zhang at his home in Kansas. Zhang drove the 
     visitors to tour facilities in several States. United States 
     Customs and Border Protection officers found seeds belonging 
     to Ventria in the luggage of Zhang's visitors as they 
     prepared to leave the United States for China. In April 2018, 
     Zhang was sentenced to 121 months in a Federal prison after 
     having been convicted in February 2017 of 1 count of 
     conspiracy to steal trade secrets, 1 count of conspiracy to 
     commit interstate transportation of stolen property, and 1 
     count of interstate transportation of stolen property.
       (16) It remains a national security priority for the United 
     States to protect the research and innovation developed in 
     United States colleges and universities from misappropriation 
     by any country, including the PRC.

     SEC. 7502. DEFINITIONS.

       In this title:
       (1) Agency head.--The term ``agency head'', with respect to 
     a covered research project, means the head of the covered 
     agency providing the funding for the covered research 
     project.
       (2) Covered agency.--The term ``covered agency'' means--
       (A) the Department of Defense;
       (B) the Department of Energy; and
       (C) an element of the intelligence community, as defined in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
       (3) Covered country.--The term ``covered country'' means--
       (A) the People's Republic of China; and
       (B) any other country designated by the Director, based on 
     findings similar to the findings under subsection (a), which 
     shall include consideration of--
       (i) whether the country poses an existential threat to the 
     economic interests and national security of the United 
     States;
       (ii) whether the country engages in persistent efforts to 
     steal sensitive technology and proprietary information from 
     companies, academic institutions, and other organizations of 
     the United States through economic espionage and other forms 
     of nontraditional espionage;
       (iii) whether nontraditional forms of espionage serve as 
     primary tools to further the goals of the country;
       (iv) whether the nontraditional forms of espionage 
     described in clause (iii) include--

       (I) talent recruitment programs designed to recruit the 
     country's nationals to acquire knowledge about--and, often, 
     steal--valuable and sensitive research at universities and 
     research institutions abroad;
       (II) luring foreign experts to the country to work on key 
     strategic programs;
       (III) using mergers and acquisitions or joint ventures as a 
     means to gain access to high-level technology;
       (IV) using cyber intrusions to steal information; and
       (V) using front companies for state-affiliated entities to 
     acquire export-controlled technology;

       (v) whether the country has systematically sought to 
     identify areas of United States innovation, education, and 
     technology that could be replicated, stolen, or appropriated; 
     and
       (vi) whether the Office of the United States Trade 
     Representative has placed the country on the Priority Watch 
     List.
       (4) Covered person.--The term ``covered person'' means an 
     individual or institution of higher education that has a 
     financial relationship with--
       (A) a covered country;
       (B) a political party within a covered country;
       (C) a person who acts as an agent, representative, 
     employee, or servant of a covered country; or
       (D) a person who acts in any other capacity at the order or 
     request, or under the direction or control, of a covered 
     country.
       (5) Covered research project.--The term ``covered research 
     project'' means a research project at an institution of 
     higher education--
       (A) that is funded in whole or in part by a covered agency; 
     and
       (B) the subject of which is--
       (i) an item subject to the Export Control Reform Act of 
     2018 (20 U.S.C. 4801 et seq.);
       (ii) an item listed on the Commerce Control List (commonly 
     known as the ``CCL'') set forth in Supplement No. 1 to part 
     774 of title 15, Code of Federal Regulations; or
       (iii) an item listed on the United States Munitions List 
     under section 38(a)(1) of the Arms Export Control Act (22 
     U.S.C. 2778(a)(1)).
       (6) Director.--The term ``Director'' means the Director of 
     National Intelligence.
       (7) Financial relationship.--The term ``financial 
     relationship'' means--
       (A) any arrangement under which compensation is provided, 
     directly or indirectly, by a covered country, or another 
     entity or person described in subparagraph (B), (C), or (D) 
     of paragraph (4), to--
       (i) a covered person; or
       (ii) an institution of higher education; or
       (B) any direct or indirect ownership or investment interest 
     by a covered country, or another entity or person described 
     in subparagraph (B), (C), or (D) of paragraph (4), in an 
     institution of higher education.
       (8) 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)).

     SEC. 7503. APPROVAL OF COVERED PERSONS IN SENSITIVE 
                   GOVERNMENT-FUNDED RESEARCH PROJECTS.

       (a) Approval Required.--
       (1) In general.--A covered person may not participate in a 
     covered research project unless the covered person applies 
     for and receives approval from the agency head to 
     participate.
       (2) Requirements.--An agency head may not approve a covered 
     person to participate in a covered research project unless 
     the agency head--
       (A) performs a background check on the covered person in 
     consultation with the Director; and
       (B) collects any other relevant information about the 
     covered person that the agency head determines appropriate, 
     except any information pertaining to United States persons 
     that the agency head is prohibited by law from collecting.
       (b) Penalty.--If an agency head determines that a covered 
     person participating in a covered research project commenced 
     on the date of enactment of this section has violated 
     subsection (a), the agency head may--
       (1) impose a probationary period, not to exceed 6 months, 
     on the head of the project or the project;
       (2) reduce, limit, or eliminate the funding for the project 
     until the violation is remedied;
       (3) permanently eliminate the funding for the project; or
       (4) take any other action determined appropriate by the 
     agency head.

     SEC. 7504. DISCLOSURE OF RESEARCH ASSISTANCE FROM FOREIGN 
                   GOVERNMENTS.

       (a) In General.--Chapter 45 of title 18, United States 
     Code, is amended by inserting after section 951 the 
     following:

     ``Sec. 951A. Disclosure of research assistance from foreign 
       governments

       ``(a) Definitions.--In this section--
       ``(1) the terms `agent of a foreign principal' and `foreign 
     principal' have the meanings given those terms in section 1 
     of the Foreign Agents Registration Act of 1938, as amended 
     (22 U.S.C. 611);
       ``(2) the term `covered research project' has the meaning 
     given the term in section 7502 of the Combating Chinese 
     Purloining of Trade Secrets Act; and

[[Page S3362]]

       ``(3) 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).
       ``(b) Funding and Other Assistance.--
       ``(1) Failure to disclose foreign funding.--
       ``(A) Offense.--It shall be unlawful for a person, while 
     applying for or accepting a grant or other funding from an 
     agency of the United States for a covered research project, 
     to knowingly and willfully fail to disclose to the agency any 
     grant or other funding that the person has received or will 
     receive for the same project from a foreign principal or an 
     agent of a foreign principal, including through an 
     intermediary.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined under this title, imprisoned for not more than 
     3 years, or both.
       ``(2) Failure to disclose material facts.--
       ``(A) Offense.--It shall be unlawful for a person, while 
     applying for or accepting a grant or other funding from an 
     agency of the United States for a covered research project, 
     to knowingly and willfully fail to disclose to the agency a 
     material fact relating to a connection between a foreign 
     country and the project that might substantially impact the 
     decision of the agency to provide funding to the project, 
     including the fact that a person providing any assistance, 
     including financial assistance, to the project is--
       ``(i) a national of a foreign country;
       ``(ii) affiliated with an institution comparable to an 
     institution of higher education of higher learning, or 
     another organization, that is headquartered in or 
     substantially funded by a foreign country; or
       ``(iii) engaging in research activities for the project in 
     a foreign country.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined under this title, imprisoned for not more than 
     1 year, or both.
       ``(3) Institutions of higher education.--Any institution of 
     higher education that knowingly and willfully fails to 
     disclose to the appropriate agency of the United States that 
     an officer, agent, or employee of the institution of higher 
     education violated this subsection shall be fined not more 
     than $1,000,000 for each such violation.
       ``(c) Transmission of Information.--
       ``(1) Offense.--It shall be unlawful for any person, while 
     applying for or accepting a grant or other funding from an 
     agency of the United States for a covered research project, 
     to knowingly transmit or attempt to transmit information 
     gained in violation of a contract to which the person is a 
     party, including a contract regarding nondisclosure of 
     information, employment, or the provision of goods or 
     services, intending or knowing that the transmission will 
     benefit a foreign principal or an agent of a foreign 
     principal.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 10 
     years, or both.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 45 of title 18, United States Code, is 
     amended by inserting after the item relating to section 950 
     the following:

``951A. Disclosure of research assistance from foreign governments.''.
                                 ______
                                 
  SA 1947. Ms. BALDWIN 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 2510 of division B and insert the following:

     SEC. 2510. COUNTRY OF ORIGIN LABELING ONLINE ACT.

       (a) Mandatory Origin and Location Disclosure for Products 
     Offered for Sale on the Internet.--
       (1) In general.--
       (A) Disclosure.--It shall be unlawful for a product that is 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) or its implementing regulations to be 
     introduced, sold, advertised, or offered for sale in commerce 
     on an internet website unless the internet website 
     description of the product--
       (i)(I) indicates in a conspicuous place the country of 
     origin of the product (or, in the case of multi-sourced 
     products, countries of origin), in a manner consistent with 
     the regulations prescribed under section 304 of the Tariff 
     Act of 1930 (19 U.S.C. 1304) and the country of origin 
     marking regulations administered by U.S. Customs and Border 
     Protection; and
       (II) includes, in the case of--

       (aa) a new passenger motor vehicle (as defined in section 
     32304 of title 49, United States Code), the country of origin 
     disclosure required by such section;
       (bb) a textile fiber product (as defined in section 2 of 
     the Textile Fiber Products Identification Act (15 U.S.C. 
     70b)), the country of origin disclosure required by such Act;
       (cc) a wool product (as defined in section 2 of the Wool 
     Products Labeling Act of 1939 (15 U.S.C. 68)), the country of 
     origin disclosure required by such Act;
       (dd) a fur product (as defined in section 2 of the Fur 
     Products Labeling Act (15 U.S.C. 69)), the country of origin 
     disclosure required by such Act; and
       (ee) a covered commodity (as defined in section 281 of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1638)), the 
     country of origin information required by section 282 of such 
     Act (7 U.S.C. 1638a); and

       (ii) indicates in a conspicuous place the country in which 
     the seller of the product is located (and, if applicable, the 
     country in which any parent corporation of such seller is 
     located).
       (B) Additional requirement.--The disclosure of a product's 
     country of origin required pursuant to subparagraph (A)(i) 
     shall not be made in such a manner as to represent to a 
     consumer that the product is in whole, or part, of United 
     States origin, unless such disclosure is consistent with 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45(a)) and any regulations promulgated by the Commission 
     pursuant to section 320933 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (15 U.S.C. 45a), provided that no 
     other Federal statute or regulation applies.
       (C) Limitation.--The provisions of this paragraph shall not 
     apply to a pharmaceutical product subject to the jurisdiction 
     of the Food and Drug Administration.
       (2) Certain drug products.--It shall be unlawful for a drug 
     that is not subject to section 503(b)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) to be offered for sale in commerce to 
     consumers on an internet website unless the internet website 
     description of the drug indicates in a conspicuous place the 
     name and place of business of the manufacturer, packer, or 
     distributor that is required to appear on the label of the 
     drug in accordance with section 502(b) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 352(b)).
       (3) Obligation to provide.--A manufacturer, distributor, 
     seller, or private labeler seeking to have a product 
     introduced, sold, advertised, or offered for sale in commerce 
     shall provide the information identified in clauses (i) and 
     (ii) of paragraph (1)(A) or paragraph (2), as applicable, to 
     the relevant retailer or internet website marketplace.
       (4) Safe harbor.--A retailer or internet website 
     marketplace satisfies the disclosure requirements under 
     subparagraphs (i) and (ii) of paragraph (1)(A) or paragraph 
     (2), as applicable, if the disclosure required under such 
     clauses or paragraph (2), as applicable, includes the country 
     of origin and seller information provided by a third-party 
     manufacturer, distributor, seller, or private labeler of the 
     product. If the retailer or internet website marketplace 
     determines or has a reasonable basis to conclude that the 
     information provided by a third-party manufacturer, 
     distributor, seller, or private labeler to the retailer or 
     internet website marketplace for a product is false or 
     deceptive, the retailer or internet website marketplace shall 
     not be required to disclose such false or deceptive 
     information and shall be deemed to meet the disclosure 
     requirements under such clauses (i) and (ii) or paragraph 
     (2), as applicable, for that product.
       (b) Prohibition on False and Misleading Representation of 
     United States Origin on Products.--
       (1) Unlawful activity.--Notwithstanding any other provision 
     of law, and except as provided for in paragraph (2), it shall 
     be unlawful to make any false or deceptive representation 
     that a product or its parts or processing are of United 
     States origin in any labeling, advertising, or other 
     promotional materials, or any other form of marketing, 
     including marketing through digital or electronic means in 
     the United States.
       (2) Deceptive representation.--For purposes of paragraph 
     (1), a representation that a product is in whole, or in part, 
     of United States origin is deceptive if, at the time the 
     representation is made, such claim is not consistent with 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45(a)) and any regulations promulgated by the Commission 
     pursuant to section 320933 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (15 U.S.C. 45a), provided that no 
     other Federal statute or regulation applies.
       (3) Limitation of liability.--A retailer or internet 
     website marketplace is not in violation of this subsection if 
     a third-party manufacturer, importer, distributor, or private 
     labeler provided the retailer or internet website marketplace 
     with a false or deceptive representation as to the country of 
     origin of a product or its parts or processing.
       (c) Enforcement by Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) or (b) shall be treated as a violation of a 
     rule prescribed under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of the commission.--
       (A) In general.--The Commission shall enforce this section 
     in the same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms and provisions of the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) were incorporated into and made a part of 
     this section.
       (B) Privileges and immunities.--Any person that violates 
     subsection (a) or (b) shall

[[Page S3363]]

     be subject to the penalties and entitled to the privileges 
     and immunities provided in the Federal Trade Commission Act 
     (15 U.S.C. 41 et seq.) as though all applicable terms and 
     provisions of that Act were incorporated and made part of 
     this section.
       (C) Authority preserved.--Nothing in this section may be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (3) Interagency agreement.--Not later than 6 months after 
     the date of enactment of this division, the Commission, the 
     U.S. Customs and Border Protection, and the Department of 
     Agriculture shall--
       (A) enter into a Memorandum of Understanding or other 
     appropriate agreement for the purpose of providing consistent 
     implementation of this section; and
       (B) publish such agreement to provide public guidance.
       (4) Definition of commission.--In this subsection, the term 
     ``Commission'' means the Federal Trade Commission.
       (d) Effective Date.--This section shall take effect 9 
     months after the date of the publication of the Memorandum of 
     Understanding or agreement under subsection (c)(3).
                                 ______
                                 
  SA 1948. Mr. HAWLEY 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 F, insert the following:

       Subtitle D--Slave-Free Business Certification Act of 2021

     SEC. 6131. SHORT TITLE.

       This subtitle may be cited as the ``Slave-Free Business 
     Certification Act of 2021''.

     SEC. 6132. REQUIRED REPORTING ON USE OF FORCED LABOR FROM 
                   COVERED BUSINESS ENTITIES.

       (a) Definitions.--In this subtitle:
       (1) Covered business entity.--The term ``covered business 
     entity'' means any issuer, as that term is defined in section 
     2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)), that 
     has annual, worldwide gross receipts that exceed 
     $500,000,000.
       (2) Forced labor.--The term ``forced labor'' means any 
     labor practice or human trafficking activity in violation of 
     national and international standards, including--
       (A) International Labor Organization Convention No. 182;
       (B) the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7101 et seq.); and
       (C) any act that would violate the criminal provisions 
     related to slavery and human trafficking under chapter 77 of 
     title 18, United States Code, if the act had been committed 
     within the jurisdiction of the United States.
       (3) Gross receipts.--The term ``gross receipts''--
       (A) means the gross amount, including cash and the fair 
     market value of other property or services received, gained 
     in a transaction that produces business income from--
       (i) the sale or exchange of property;
       (ii) the performance of services; or
       (iii) the use of property or capital; and
       (B) does not include--
       (i) repayment, maturity, or redemption of the principal of 
     a--

       (I) loan;
       (II) bond;
       (III) mutual fund;
       (IV) certificate of deposit; or
       (V) similar marketable instrument;

       (ii) proceeds from--

       (I) the issuance of a company's own stock; or
       (II) the sale of treasury stock;

       (iii) amounts received as the result of litigation, 
     including damages;
       (iv) property acquired by an agent on behalf of another 
     party;
       (v) Federal, State, or local tax refunds or other tax 
     benefit recoveries;
       (vi) certain contributions to capital;
       (vii) income from discharge of indebtedness; or
       (viii) amounts realized from exchanges of inventory that 
     are not recognized under the Internal Revenue Code of 1986.
       (4) On-site service.--The term ``on-site service'' means 
     any service work provided on the site of a covered business 
     entity, including food service work and catering services.
       (5) On-site service provider.--The term ``on-site service 
     provider'' means any entity that provides workers who 
     perform, collectively, a total of not less than 30 hours per 
     week of on-site services for a covered business entity.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (b) Audit and Reporting Requirements.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, each 
     covered business entity shall--
       (A) conduct an audit of its supply chain, pursuant to the 
     requirements of section 6133, to investigate the presence or 
     use of forced labor by the covered business entity or its 
     suppliers, including by direct suppliers, secondary 
     suppliers, and on-site service providers of the covered 
     business entity;
       (B) submit a report to the Secretary containing the 
     information described in paragraph (2) on the results of such 
     audit and efforts of the covered business entity to eradicate 
     forced labor from the supply chain and on-site services of 
     the covered business entity; and
       (C)(i) publish the report described in subparagraph (B) on 
     the public website of the covered business entity, and 
     provide a conspicuous and easily understood link on the 
     homepage of the website that leads to the report; or
       (ii) in the case of a covered business entity that does not 
     have a public website, provide the report in written form to 
     any consumer of the covered business entity not later than 30 
     days after the consumer submits a request for the report.
       (2) Required report contents.--Each report required under 
     paragraph (1)(B) shall contain, at a minimum--
       (A) a disclosure of the covered business entity's policies 
     to prevent the use of forced labor by the covered business 
     entity, its direct suppliers, and its on-site service 
     providers;
       (B) a disclosure of what policies or procedures, if any, 
     the covered business entity uses--
       (i) for the verification of product supply chains and on-
     site service provider practices to evaluate and address risks 
     of forced labor and whether the verification was conducted by 
     a third party;
       (ii) to require direct suppliers and on-site service 
     providers to provide written certification that materials 
     incorporated into the product supplied or on-site services, 
     respectively, comply with the laws regarding forced labor of 
     each country in which the supplier or on-site service 
     provider is engaged in business;
       (iii) to maintain internal accountability standards and 
     procedures for employees or contractors of the covered 
     business entity failing to meet requirements regarding forced 
     labor; and
       (iv) to provide training on recognizing and preventing 
     forced labor, particularly with respect to mitigating risks 
     within the supply chains of products and on-site services of 
     the covered business entity, to employees, including 
     management personnel, of the covered business entity who have 
     direct responsibility for supply chain management or on-site 
     services;
       (C) a description of the findings of each audit required 
     under paragraph (1)(A), including the details of any 
     instances of found or suspected forced labor; and
       (D) a written certification, signed by the chief executive 
     officer of the covered business entity, that--
       (i) the covered business entity has complied with the 
     requirements of this subtitle and exercised due diligence in 
     order to eradicate forced labor from the supply chain and on-
     site services of the covered business entity;
       (ii) to the best of the chief executive officer's 
     knowledge, the covered business entity has found no instances 
     of the use of forced labor by the covered business entity or 
     has disclosed every known instance of the use of forced 
     labor; and
       (iii) the chief executive officer and any other officers 
     submitting the report or certification understand that 
     section 1001 of title 18, United States Code (popularly known 
     as the ``False Statements Act''), applies to the information 
     contained in the report submitted to the Secretary.
       (c) Report of Violations to Congress.--Each year, the 
     Secretary shall prepare and submit a report to Congress 
     regarding the covered business entities that--
       (1) have failed to conduct audits required under this 
     subtitle for the preceding year or have been adjudicated in 
     violation of any other provision of this subtitle; or
       (2) have been found to have used forced labor, including 
     the use of forced labor in their supply chain or by their on-
     site service providers.

     SEC. 6133. AUDIT REQUIREMENTS.

       (a) In General.--Each audit conducted under section 
     6132(b)(1)(A) shall meet the following requirements:
       (1) Worker interviews.--The auditor shall--
       (A) select a cross-section of workers to interview that 
     represents the full diversity of the workplace, and includes, 
     if applicable, men and women, migrant workers and local 
     workers, workers on different shifts, workers performing 
     different tasks, and members of various production teams;
       (B) if individuals under the age of 18 are employed at the 
     facility of the direct supplier or on-site service provider, 
     interview a representative group using age-sensitive 
     interview techniques;
       (C) conduct interviews--
       (i) on-site and, particularly in cases where there are 
     indications of egregious violations about which employees may 
     hesitate to discuss at work, off-site of the facility and 
     during non-work hours; and
       (ii) individually or in groups (except for purposes of 
     subparagraph (B));
       (D) use audit tools to ensure that each worker is asked a 
     comprehensive set of questions;
       (E) collect from interviewed workers copies of the workers' 
     pay stubs, in order to compare the pay stubs with payment 
     records provided by the direct supplier;

[[Page S3364]]

       (F) ensure that all worker responses are confidential and 
     are never shared with management; and
       (G) interview a representative of the labor organization or 
     other worker representative organization that represents 
     workers at the facility or, if no such organization is 
     present, attempt to interview a representative from a local 
     worker advocacy group.
       (2) Management interviews.--The auditor shall--
       (A) interview a cross-section of the management of the 
     supplier, including human resources personnel, production 
     supervisors, and others; and
       (B) use audit tools to ensure that managers are asked a 
     comprehensive set of questions.
       (3) Documentation review.--The auditor shall--
       (A) conduct a documentation review to provide tangible 
     proof of compliance and to corroborate or find discrepancies 
     in the information gathered through the worker and management 
     interviews; and
       (B) review, at a minimum, the following types of documents:
       (i) Age verification procedures and documents.
       (ii) A master list of juvenile workers.
       (iii) Selection and recruitment procedures.
       (iv) Contracts with labor brokers, if any.
       (v) Worker contracts and employment agreements.
       (vi) Introduction program materials.
       (vii) Personnel files.
       (viii) Employee communication and training plans, including 
     certifications provided to workers including skills training, 
     worker preparedness, government certification programs, and 
     systems or policy orientations.
       (ix) Collective bargaining agreements, including collective 
     bargaining representative certification, descriptions of the 
     role of the labor organization, and minutes of the labor 
     organization's meetings.
       (x) Contracts with any security agency, and descriptions of 
     the scope of responsibilities of the security agency.
       (xi) Payroll and time records.
       (xii) Production capacity reports.
       (xiii) Written human resources policies and procedures.
       (xiv) Occupational health and safety plans and records 
     including legal permits, maintenance and monitoring records, 
     injury and accident reports, investigation procedures, 
     chemical inventories, personal protective equipment 
     inventories, training certificates, and evacuation plans.
       (xv) Disciplinary notices.
       (xvi) Grievance reports.
       (xvii) Performance evaluations.
       (xviii) Promotion or merit increase records.
       (xix) Dismissal and suspension records of workers.
       (xx) Records of employees who have resigned.
       (xxi) Worker pay stubs.
       (4) Closing meeting with management.--The auditor shall 
     hold a closing meeting with the management of the covered 
     business entity to--
       (A) report violations and nonconformities found in the 
     facility; and
       (B) determine the steps forward to address and remediate 
     any problems.
       (5) Report preparation.--The auditor shall prepare a full 
     report of the audit, which shall include--
       (A) a disclosure of the direct supplier's or on-site 
     service provider's--
       (i) documented processes and procedures that relate to 
     eradicating forced labor; and
       (ii) documented risk assessment and prioritization policies 
     as such policies relate to eradicating forced labor;
       (B) a description of the worker interviews, manager 
     interviews, and documentation review required under 
     paragraphs (1), (2), and (3);
       (C) a description of all violations or suspected violations 
     by the direct supplier of any forced labor laws of the United 
     States or, if applicable, the laws of another country as 
     described in section 6132(b)(2)(B)(ii); and
       (D) for each violation described in subparagraph (C), a 
     description of any corrective and protective actions 
     recommended for the direct supplier consisting of, at a 
     minimum--
       (i) the issues relating to the violation and any root 
     causes of the violation;
       (ii) the implementation of a solution; and
       (iii) a method to check the effectiveness of the solution.
       (b) Additional Requirements Relating to Audits.--Each 
     covered business entity shall include, in any contract with a 
     direct supplier or on-site service provider, a requirement 
     that--
       (1) the supplier or provider shall not retaliate against 
     any worker for participating in an audit relating to forced 
     labor; and
       (2) worker participation in an audit shall be protected 
     through the same grievance mechanisms available to the worker 
     available for any other type of workplace grievance.

     SEC. 6134. ENFORCEMENT.

       (a) Civil Damages.--The Secretary may assess civil damages 
     in an amount of not more than $100,000,000 if, after notice 
     and an opportunity for a hearing, the Secretary determines 
     that a covered business entity has violated any requirement 
     of section 6132(b).
       (b) Punitive Damages.--In addition to damages under 
     subsection (a), the Secretary may assess punitive damages in 
     an amount of not more than $500,000,000 against a covered 
     business entity if, after notice and an opportunity for a 
     hearing, the Secretary determines the covered business entity 
     willfully violated any requirement of section 6132(b).
       (c) Declarative or Injunctive Relief.--The Secretary may 
     request the Attorney General institute a civil action for 
     relief, including a permanent or temporary injunction, 
     restraining order, or any other appropriate order, in the 
     district court of the United States for any district in which 
     the covered business entity conducts business, whenever the 
     Secretary believes that a violation of section 6132(b) 
     constitutes a hazard to workers.

     SEC. 6135. REGULATIONS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall promulgate rules to carry out this 
     subtitle.
                                 ______
                                 
  SA 1949. Mr. HAWLEY 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__. PROHIBITION ON THE LICENSING AND TRANSFERRING OF 
                   CERTAIN INTELLECTUAL PROPERTY RIGHTS.

       No intellectual property developed through research that is 
     funded through the expenditure of Federal funds received 
     under this division (or an amendment made by this division), 
     or the appropriation of which are authorized under this 
     division (or an amendment made by this division), may be 
     licensed or transferred--
       (1) to any business or research institution that is located 
     outside of the United States; and
       (2) for the commercialization or production of goods, 
     services, or technologies.
                                 ______
                                 
  SA 1950. Mr. HAWLEY 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. ___. IMPOSING DATA SECURITY REQUIREMENTS AND 
                   STRENGTHENING REVIEW OF FOREIGN INVESTMENTS 
                   WITH RESPECT TO CERTAIN TECHNOLOGY COMPANIES 
                   FROM FOREIGN COUNTRIES OF CONCERN.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Country of concern.--
       (A) In general.--Subject to subparagraph (B)(iii), the term 
     ``country of concern'' means--
       (i) the People's Republic of China;
       (ii) the Russian Federation; and
       (iii) any other country designated by the Secretary of 
     State as being of concern with respect to the protection of 
     data privacy and security.
       (B) Designation of countries of concern.--Not later than 1 
     year after the date of enactment of this Act, and annually 
     thereafter, the Secretary of State shall--
       (i) review the status of data privacy and security 
     requirements (including by reviewing laws, policies, 
     practices, and regulations related to data privacy and 
     security) in each foreign country to determine--

       (I) whether it would pose a substantial risk to the 
     national security of the United States if the government of 
     such country gained access to the user data of citizens and 
     residents of the United States; and
       (II) whether there is a substantial risk that the 
     government of such country will, in a manner that fails to 
     afford similar respect for civil liberties and privacy as the 
     Constitution and laws of the United States, obtain user data 
     from companies that collect user data;

       (ii) designate each country that meets the criteria of 
     clause (i) as a country of concern; and
       (iii) remove the designation from any country that was 
     previously designated a country of concern (regardless of 
     whether such designation was pursuant to clause (i) or (ii) 
     of subparagraph (A) or was made by the Secretary of State 
     pursuant to clause (iii) of such subparagraph) if the 
     country--

       (I) no longer meets the criteria of clause (i); and
       (II) is not at substantial risk of meeting such criteria.

       (C) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     prescribe regulations--

[[Page S3365]]

       (i) establishing a process for a covered technology company 
     or country of concern to petition the Secretary to remove the 
     country of concern designation from a country that was 
     designated as such pursuant to subparagraph (B)(ii); and
       (ii) setting forth the procedures and criteria the 
     Secretary will use in identifying or removing countries under 
     subparagraphs (A)(iii) or (B)(iii).
       (3) Covered technology company.--The term ``covered 
     technology company'' means an entity that provides an online 
     data-based service such as a website or internet application 
     in or affecting interstate or foreign commerce and--
       (A) is organized under the laws of a country of concern;
       (B) in which foreign persons that are nationals of, or 
     companies that are organized under the laws of, countries of 
     concern have a plurality or controlling equity interest;
       (C) is a subsidiary company of an entity described in 
     subparagraph (A) or (B); or
       (D) is otherwise subject to the jurisdiction of a country 
     of concern in a manner that allows the country of concern to 
     obtain the user data of citizens and residents of the United 
     States without similar respect for civil liberties and 
     privacy as provided under the Constitution and laws of the 
     United States.
       (4) Facial recognition technology.--The term ``facial 
     recognition technology'' means technology that analyzes 
     facial features in still or video images and is used to 
     identify, or facilitate identification of, an individual 
     using facial physical characteristics.
       (5) Targeted advertising.--
       (A) In general.--The term ``targeted advertising'' means a 
     form of advertising where advertisements are displayed to a 
     user based on the user's traits, information from a profile 
     about the user that is created for the purpose of selling 
     advertisements, or the user's previous online or offline 
     behavior.
       (B) Limitation.--Such term shall not include advertising 
     chosen because of the context of the internet service, such 
     as--
       (i) advertising that is directed to a user based on the 
     content of the website, online service, online application, 
     or mobile application that the user is connected to; or
       (ii) advertising that is directed to a user by the operator 
     of a website, online service, online application, or mobile 
     application based on the search terms that the user used to 
     arrive at such website, service, or application.
       (6) User data.--The term ``user data'' means any 
     information obtained by an entity that provides a data-based 
     service such as a website or internet application that 
     identifies, relates to, describes, is capable of being 
     associated with, or could reasonably be linked with an 
     individual who is a citizen or resident of the United States 
     without regard to whether such information is directly 
     submitted by the individual to the entity, is derived by the 
     entity from the observed activity of the individual, or is 
     obtained by the entity by any other means.
       (b) Data Security Requirements for Covered Technology 
     Companies.--
       (1) In general.--The following requirements shall apply to 
     a covered technology company:
       (A) Minimal collection of data.--The company shall not 
     collect any more user data than is necessary for the 
     operation of the website, service, or application of the 
     company.
       (B) Prohibition on secondary uses.--The company shall not 
     use any user data collected under subparagraph (A) for any 
     purpose that is secondary to the operation of the website, 
     service, or application of the company, including providing 
     targeted advertising, unnecessarily sharing such data with a 
     third party, or unnecessarily facilitating facial recognition 
     technology.
       (C) Right to view and delete data.--The company shall allow 
     an individual to--
       (i) view any user data held by the company that relates to 
     the individual; and
       (ii) permanently delete any user data held by the company 
     that has been collected, directly or indirectly, from the 
     individual.
       (D) Prohibition on transfer to countries of concern.--The 
     company shall not transfer any user data or information 
     needed to decipher that data, such as encryption keys, to any 
     country of concern (including indirectly through a third 
     country that is not a country of concern).
       (E) Data storage requirement.--The company shall not store 
     any user data collected from citizens or residents of the 
     United States or information needed to decipher that data, 
     such as encryption keys, on a server or other data storage 
     device that is located outside of the United States or a 
     country that maintains an agreement with the United States to 
     share data with law enforcement agencies through a process 
     established by law.
       (F) Reporting requirement.--Not less frequently than 
     annually, the chief executive officer or equivalent officer 
     of the company shall submit, under penalty of perjury, a 
     report to the Commission, the Attorney General of the United 
     States, and the Attorney General of each State certifying 
     compliance with the requirements of this subsection.
       (2) Exceptions.--
       (A) Exception for law enforcement and military.--The 
     requirements of subparagraphs (A) through (D) of paragraph 
     (1) shall not apply where data is collected, used, retained, 
     stored, or shared by a covered technology company solely for 
     the purpose of assisting a law enforcement or military agency 
     that is not affiliated with a country of concern.
       (B) Transfer of shared content.--The requirements of 
     subparagraphs (E) and (F) of paragraph (1) shall not apply to 
     user data that is content produced by a user for the purpose 
     of sharing with other users (such as social media posts, 
     emails, or data related to a transaction involving the user) 
     or information needed to decipher that data provided that the 
     transfer and any storage necessary to enact the transfer is 
     conducted solely to carry out the user's intent to share such 
     data with individual users in other countries and that 
     necessary storage occurs only on the intended recipient's 
     individual device.
       (3) Effective date.--The requirements of this subsection 
     shall take effect 90 days after the date of enactment of this 
     Act.
       (c) Data Security Requirements for Other Technology 
     Companies.--
       (1) In general.--The following requirements shall apply to 
     any company operating in or affecting interstate or foreign 
     commerce that provides a data-based service such as a website 
     or internet application but is not a covered technology 
     company:
       (A) Prohibition on transfer to countries of concern.--The 
     company shall not transfer any user data collected from an 
     individual in the United States or information needed to 
     decipher that data, such as encryption keys, to any country 
     of concern (including indirectly through a third country that 
     is not a country of concern).
       (B) Prohibition on storing data in countries of concern.--
     The company shall not store any user data collected from an 
     individual in the United States or information needed to 
     decipher that data, such as encryption keys, on a server or 
     other data storage device that is located in any country of 
     concern.
       (2) Exceptions.--
       (A) Exception for law enforcement and military.--The 
     requirements of paragraph (1) shall not apply where data is 
     collected, used, retained, stored, or shared by a covered 
     technology company solely for the purpose of assisting a law 
     enforcement or military agency that is not affiliated with a 
     country of concern.
       (B) Transfer of shared content.--The requirements of 
     paragraph (1) shall not apply to user data that is content 
     produced by a user for the purpose of sharing with other 
     users (such as social media posts, emails, or data related to 
     a transaction involving the user) or information needed to 
     decipher that data provided that the transfer and any storage 
     necessary to enact the transfer is conducted solely to carry 
     out the user's intent to share such data with individual 
     users in other countries and that necessary storage occurs 
     only on the intended recipient's individual device.
       (3) Effective date.--The requirements of this subsection 
     shall take effect 90 days after the date of enactment of this 
     Act.
       (d) Enforcement of Data Security Requirements.--
       (1) Enforcement by the commission.--
       (A) In general.--Except as otherwise provided, subsections 
     (b) and (c) shall be enforced by the Commission under the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.).
       (B) Unfair or deceptive acts or practices.--A violation of 
     subsection (b) or (c) shall be treated as a violation of a 
     rule defining an unfair or deceptive act or practice 
     prescribed under section 18(a)(1)(B) of the Federal Trade 
     Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (C) Actions by the commission.--Except as otherwise 
     provided, the Commission shall prevent any person from 
     violating subsection (b) or (c) in the same manner, by the 
     same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
     incorporated into and made a part of this section, and any 
     person who violates such a subsection shall be subject to the 
     penalties and entitled to the privileges and immunities 
     provided in the Federal Trade Commission Act.
       (D) Authority preserved.--Nothing in this section shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (2) Criminal penalty.--
       (A) Offense.--It shall be unlawful to knowingly cause a 
     technology company to violate a requirement of subsection (b) 
     or (c).
       (B) Penalty.--Any person who violates subparagraph (A) 
     shall be imprisoned for not more than 5 years, fined under 
     title 18, United States Code, or both.
       (3) Enforcement by state attorneys general.--
       (A) In general.--
       (i) Civil actions.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been or is threatened or 
     adversely affected by the engagement of any person in a 
     practice that violates subsection (b) or (c), the State, as 
     parens patriae, may bring a civil action on behalf of the 
     residents of the State in a district court of the United 
     States or a State court of appropriate jurisdiction to--

       (I) enjoin that practice;
       (II) enforce compliance with such section;
       (III) on behalf of residents of the State, obtain damages, 
     statutory damages, restitution, or other compensation, each 
     of which shall be distributed in accordance with State law; 
     or
       (IV) obtain such other relief as the court may consider to 
     be appropriate.

[[Page S3366]]

       (ii) Notice.--

       (I) In general.--Before filing an action under clause (i), 
     the attorney general of the State involved shall provide to 
     the Commission--

       (aa) written notice of that action; and
       (bb) a copy of the complaint for that action.

       (II) Exemption.--

       (aa) In general.--Subclause (I) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this subparagraph if the attorney general of 
     the State determines that it is not feasible to provide the 
     notice described in that subclause before the filing of the 
     action.
       (bb) Notification.--In an action described in item (aa), 
     the attorney general of a State shall provide notice and a 
     copy of the complaint to the Commission at the same time as 
     the attorney general files the action.
       (B) Intervention.--
       (i) In general.--On receiving notice under subparagraph 
     (A)(ii), the Commission shall have the right to intervene in 
     the action that is the subject of the notice.
       (ii) Effect of intervention.--If the Commission intervenes 
     in an action under subparagraph (A), it shall have the 
     right--

       (I) to be heard with respect to any matter that arises in 
     that action; and
       (II) to file a petition for appeal.

       (C) Construction.--For purposes of bringing any civil 
     action under subparagraph (A), nothing in this section shall 
     be construed to prevent an attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of that State to--
       (i) conduct investigations;
       (ii) administer oaths or affirmations; or
       (iii) compel the attendance of witnesses or the production 
     of documentary and other evidence.
       (D) Actions by the commission.--In any case in which an 
     action is instituted by or on behalf of the Commission for 
     violation of subsection (b) or (c), no State may, during the 
     pendency of that action, institute an action under 
     subparagraph (A) against any defendant named in the complaint 
     in the action instituted by or on behalf of the Commission 
     for that violation.
       (E) Venue; service of process.--
       (i) Venue.--Any action brought under subparagraph (A) may 
     be brought in--

       (I) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (II) a State court of competent jurisdiction.

       (ii) Service of process.--In an action brought under 
     subparagraph (A) in a district court of the United States, 
     process may be served wherever defendant--

       (I) is an inhabitant; or
       (II) may be found.

       (4) Private right of action.--
       (A) In general.--Any individual who suffers injury as a 
     result of an act, practice, or omission of a covered 
     technology company that violates subsection (b) may bring a 
     civil action against such company in any court of competent 
     jurisdiction.
       (B) Relief.--In a civil action brought under subparagraph 
     (A) in which the plaintiff prevails, the court may award such 
     plaintiff up to $1,000 for each day that such plaintiff was 
     affected by a violation of subsection (b) (up to a maximum of 
     $15,000 per each such violation per plaintiff).
       (e) Requirement for Approval of Committee on Foreign 
     Investment in the United States of Certain Transactions.--
     Section 721(b) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(b)) is amended by adding at the end the 
     following:
       ``(9) Approval required for certain transactions.--
       ``(A) In general.--A covered transaction described in 
     subparagraph (C) is prohibited unless the Committee--
       ``(i) reviews the transaction under this subsection; and
       ``(ii) determines that the transaction does not pose a risk 
     to the national security of the United States.
       ``(B) Mitigation.--The Committee, or a lead agency on 
     behalf of the Committee, may negotiate, enter into or impose, 
     and enforce an agreement or condition under subsection (l)(3) 
     with any party to a covered transaction described in 
     subparagraph (C) to mitigate any risk to the national 
     security of the United States that arises as a result of the 
     covered transaction.
       ``(C) Covered transaction described.--A covered transaction 
     described in this subparagraph is a transaction that could 
     result in foreign control of a United States company--
       ``(i) that collects, sells, buys, or processes user data 
     and whose business consists substantially more of 
     transferring data than manufacturing, delivering, repairing, 
     or servicing physical goods or providing physical services; 
     or
       ``(ii) that operates a social media platform or website.
       ``(D) User data defined.--For purposes of subparagraph (C), 
     the term `user data' means any information obtained by an 
     entity that provides a data-based service such as a website 
     or internet application that identifies, relates to, 
     describes, is capable of being associated with, or could 
     reasonably be linked with an individual who is a citizen or 
     resident of the United States without regard to whether such 
     information is directly submitted by the individual to the 
     entity, is derived by the entity from the observed activity 
     of the individual, or is obtained by the entity by any other 
     means.''.
                                 ______
                                 
  SA 1951. Mr. HAWLEY 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 title III of division C, insert after section 3302 the 
     following:

     SEC. 3303. MEASURES TO PREVENT IMPORTATION OF GOODS MADE WITH 
                   FORCED LABOR.

       (a) Duties on Imports From Xinjiang.--
       (1) In general.--During the period specified in paragraph 
     (2), there shall be imposed a duty of 100 percent ad valorem, 
     in addition to all duties otherwise applicable, on all goods, 
     wares, articles, or merchandise--
       (A) mined, produced, or manufactured wholly or in part in 
     the Xinjiang Uyghur Autonomous Region of the People's 
     Republic of China; or
       (B) manufactured or assembled from any component part or 
     material that is mined, produced, or manufactured in the 
     Xinjiang Uyghur Autonomous Region.
       (2) Period specified.--The period specified in this 
     paragraph is the period--
       (A) beginning on the date that is 90 days after the date of 
     the enactment of this Act; and
       (B) ending on the date, which may not be before the date 
     that is one year after such date of enactment, on which the 
     Secretary of State, in consultation with the Secretary of 
     Labor, the Commissioner of U.S. Customs and Border 
     Protection, and the United States Trade Representative--
       (i) determines beyond a reasonable doubt that no slave 
     labor, forced labor, indentured labor, or child labor exists 
     in the People's Republic of China; and
       (ii) submits to Congress and makes available to the public 
     a report on that determination.
       (3) Regulations.--The Commissioner of U.S. Customs and 
     Border Protection may prescribe regulations necessary for the 
     enforcement of paragraph (1).
       (b) Ineligibility of Countries That Use Forced Labor for 
     Generalized System of Preferences.--
       (1) In general.--Section 502(b)(2) of the Trade Act of 1974 
     (19 U.S.C. 2462(b)(2)) is amended--
       (A) by inserting after subparagraph (H) the following:

       ``(I) Such country is identified by the Bureau of 
     International Labor Affairs of the Department of Labor 
     pursuant to section 105(b)(2)(C) of the Trafficking Victims 
     Protection Reauthorization Act of 2005 (22 U.S.C. 
     7112(b)(2)(C)) as a source country of goods that are believed 
     to be produced by forced labor or child labor in violation of 
     international standards.''; and

       (B) in the flush text at the end, by striking ``(F),'' and 
     all that follows through ``section 507(6)(D))'' and inserting 
     ``and (F)''.
       (2) Effective date.--The amendments made by paragraph (1) 
     apply with respect to articles entered on or after the date 
     that is 30 days after the date of the enactment of this Act.
                                 ______
                                 
  SA 1952. Mr. HAWLEY 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 division B, insert after section 2510 the following:

     SEC. 2511. MARKING OF ARTICLES THAT ORIGINATE IN COUNTRIES 
                   BELIEVED TO PRODUCE GOODS MADE BY FORCED LABOR 
                   OR CHILD LABOR.

       (a) In General.--It shall be unlawful for an article that 
     is required to be marked under section 304 of the Tariff Act 
     of 1930 (19 U.S.C. 1304) and originates in a source country 
     to be introduced, sold, advertised, or offered for sale in 
     commerce in the United States unless that article is legibly, 
     indelibly, and permanently marked, in addition to being 
     marked with the English name of the country of origin of the 
     article as required by such section 304, as follows: ``The 
     United States Department of Labor has reason to believe that 
     goods from this country are produced by child labor or forced 
     labor in violation of international standards.''.
       (b) Additional Duties; Delivery Withheld; Penalties.--The 
     provisions of subsections (i), (j), and (l) of section 304 of 
     the Tariff Act of 1930 (19 U.S.C. 1304) apply with respect to 
     an article that is not marked as required by subsection (a) 
     to the same extent

[[Page S3367]]

     and in the same manner as such provisions apply to an article 
     that is not marked as required by such section 304.
       (c) Regulations.--The Commissioner of U.S. Customs and 
     Border Protection shall prescribe regulations that--
       (1) ensure the requirement under subsection (a) is 
     appropriately applied to articles introduced, sold, 
     advertised, or offered for sale in commerce on an internet 
     website such that the internet description of the article 
     indicates in a conspicuous place the marking required by 
     subsection (a); and
       (2) provide for enforcement of the requirement under 
     subsection (a).
       (d) Source Country Defined.--In this section, the term 
     ``source country'' means a country identified by the Bureau 
     of International Labor Affairs of the Department of Labor 
     pursuant to section 105(b)(2)(C) of the Trafficking Victims 
     Protection Reauthorization Act of 2005 (22 U.S.C. 
     7112(b)(2)(C)) as a source country of goods that are believed 
     to be produced by forced labor or child labor in violation of 
     international standards.
                                 ______
                                 
  SA 1953. Mr. HAWLEY 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 3217 of division C and insert the 
     following:

     SEC. 3217. DECLASSIFICATION OF INFORMATION RELATED TO THE 
                   ORIGIN OF COVID-19.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of State released a fact sheet on 
     January 15, 2021, about the Wuhan Institute of Virology (WIV) 
     which stated the following:
       (A) ``The U.S. government has reason to believe that 
     several researchers inside the WIV became sick in autumn 
     2019, before the first identified case of the outbreak, with 
     symptoms consistent with both COVID-19 and common seasonal 
     illnesses.''.
       (B) ``WIV researchers conducted experiments involving 
     RaTG13, the bat coronavirus identified by the WIV in January 
     2020 as its closest sample to SARS-CoV-2.''.
       (C) ``Despite the WIV presenting itself as a civilian 
     institution, the United States has determined that the WIV 
     has collaborated on publications and secret projects with 
     China's military.''.
       (2) Former Director of the Centers for Disease Control and 
     Prevention, Robert Redfield, stated in March 2021 that, ``the 
     most likely etiology of this pathogen in Wuhan was from a 
     laboratory'' and noted that, ``[i]t is not unusual for 
     respiratory pathogens that are being worked on in a 
     laboratory to infect the laboratory worker.''.
       (3) Director-General of the World Health Organization 
     Tedros Adhanom Ghebreyesus acknowledged in March 2021 that 
     the Coronavirus Disease 2019 (COVID-19) may have originated 
     in a laboratory and said this hypothesis ``requires further 
     investigation, potentially with additional missions involving 
     specialist experts.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) identifying the origin of Coronavirus Disease 2019 
     (COVID-19) is critical for preventing a similar pandemic from 
     occurring in the future;
       (2) there is reason to believe the COVID-19 pandemic may 
     have originated at the Wuhan Institute of Virology; and
       (3) the Director of National Intelligence should declassify 
     and make available to the public as much information as 
     possible about the origin of COVID-19 so the United States 
     and like-minded countries can--
       (A) identify the origin of COVID-19 as expeditiously as 
     possible, and
       (B) use that information to take all appropriate measures 
     to prevent a similar pandemic from occurring again.
       (c) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall--
       (1) declassify any and all information relating to 
     potential links between the Wuhan Institute of Virology and 
     the origin of the Coronavirus Disease 2019 (COVID-19), 
     including--
       (A) activities performed by the Wuhan Institute of Virology 
     with or on behalf of the People's Liberation Army;
       (B) coronavirus research or other related activities 
     performed at the Wuhan Institute of Virology prior to the 
     outbreak of COVID-19; and
       (C) researchers at the Wuhan Institute of Virology who fell 
     ill in autumn 2019, including for any such researcher--
       (i) the researcher's name;
       (ii) the researcher's symptoms;
       (iii) the date of the onset of the researcher's symptoms;
       (iv) the researcher's role at the Wuhan Institute of 
     Virology;
       (v) whether the researcher was involved with or exposed to 
     coronavirus research at the Wuhan Institute of Virology;
       (vi) whether the researcher visited a hospital while they 
     were ill; and
       (vii) a description of any other actions taken by the 
     researcher that may suggest they were experiencing a serious 
     illness at the time; and
       (2) submit to Congress an unclassified report that 
     contains--
       (A) all of the information described under paragraph (1); 
     and
       (B) only such redactions as the Director determines 
     necessary to protect sources and methods without altering or 
     obscuring in any way the information described under 
     paragraph (1).
                                 ______
                                 
  SA 1954. Mr. HAWLEY 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 THAT CERTAIN PROVIDERS OF SYSTEMS TO 
                   DEPARTMENT OF DEFENSE DISCLOSE THE SOURCE OF 
                   PRINTED CIRCUIT BOARDS WHEN SOURCED FROM 
                   CERTAIN COUNTRIES.

       (a) Short Title.--This section may be cited as the 
     ``Protecting Our Defense Systems Act''.
       (b) Disclosure.--The Secretary of Defense shall require any 
     provider of a covered system to provide to the Department of 
     Defense, along with delivery of the covered system, a list of 
     the printed circuit boards in the covered system that 
     includes, for each printed circuit board, an attestation of 
     whether--
       (1) the printed circuit board was partially or fully 
     manufactured and assembled in a covered nation;
       (2) the printed circuit board was fully manufactured and 
     assembled outside of a covered nation; or
       (3) the provider cannot determine where the printed circuit 
     board was manufactured and assembled.
       (c) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     such regulations as are necessary to carry out this section.
       (d) Definitions.--In this section:
       (1) The term ``covered nation'' includes the following:
       (A) The People's Republic of China.
       (B) The Russian Federation.
       (C) The Democratic People's Republic of North Korea.
       (D) The Islamic Republic of Iran.
       (2) The term ``covered system'' means any item, including 
     commercial items and commercially available off-the-shelf 
     items, notwithstanding section 3452 of title 10, United 
     States Code, as redesignated by section 1821(a)(1) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283), or sections 
     1906 and 1907 of title 41, United States Code, that--
       (A) has an electronic component;
       (B) is provided to the Department of Defense under a 
     contract that exceeds the simplified acquisition threshold; 
     and
       (C) transmits or stores information including--
       (i) telecommunications;
       (ii) data communications and storage, including servers, 
     switches, and networking systems, but excluding personal data 
     storage devices, personal computers, desktop computers, 
     tablets, and handheld equipment;
       (iii) information technology security systems; and
       (iv) any other system that the Secretary determines should 
     be covered.
       (3) The term ``manufactured and assembled'', with respect 
     to a printed circuit board, includes all actions from the 
     printing of the printed circuit board from raw materials to 
     the integration of the completed printed circuit board in an 
     end item or component of an end item.
                                 ______
                                 
  SA 1955. Mr. JOHNSON 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. __. AGREEMENTS RELATED TO NUCLEAR PROGRAM OF IRAN DEEMED 
                   TREATIES SUBJECT TO ADVICE AND CONSENT OF THE 
                   SENATE.

       (a) Treaty Subject to Advice and Consent of the Senate.--
     Notwithstanding any other provision of law, any agreement

[[Page S3368]]

     reached by the President with Iran relating to the nuclear 
     program of Iran is deemed to be a treaty that is subject to 
     the requirements of article II, section 2, clause 2 of the 
     Constitution of the United States requiring that the treaty 
     is subject to the advice and consent of the Senate, with two-
     thirds of Senators concurring.
       (b) Limitation on Sanctions Relief.--Notwithstanding any 
     other provision of law, the President may not waive, suspend, 
     reduce, provide relief from, or otherwise limit the 
     application of sanctions under any other provision of law or 
     refrain from applying any such sanctions pursuant to an 
     agreement related to the nuclear program of Iran that 
     includes the United States, commits the United States to take 
     action, or pursuant to which the United States commits or 
     otherwise agrees to take action, regardless of the form it 
     takes, whether a political commitment or otherwise, and 
     regardless of whether it is legally binding or not, including 
     any joint comprehensive plan of action entered into or made 
     between Iran and any other parties, and any additional 
     materials related thereto, including annexes, appendices, 
     codicils, side agreements, implementing materials, documents, 
     and guidance, technical or other understandings, and any 
     related agreements, whether entered into or implemented prior 
     to the agreement or to be entered into or implemented in the 
     future, subject to the advice and consent of the Senate as a 
     treaty, receives the concurrence of two thirds of the 
     Senators.
                                 ______
                                 
  SA 1956. Mr. HAGERTY (for himself 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:

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

     SEC. __. SENSE OF CONGRESS ON THE 10TH ANNIVERSARY OF THE 
                   MARCH 11, 2011, EARTHQUAKE AND TSUNAMI IN 
                   JAPAN.

       (a) Findings.--Congress makes the following findings:
       (1) At 2:46 p.m. on March 11, 2011, an earthquake initially 
     reported as measuring 8.9 on the Richter scale, the strongest 
     recorded in more than 100 years in Japan, occurred near the 
     Tohoku region of Northeast Japan, 81 miles off the coast from 
     Sendai City.
       (2) Intense shaking could be felt from Tokyo to Kamaishi, 
     an arc of roughly 360 miles.
       (3) The earthquake generated a massive tsunami that caused 
     widespread damage to a swath of the northeast Japanese 
     coastline and traveled across the Pacific Ocean, causing 
     damage to coastal communities as far away as the States of 
     Hawaii, Oregon, and California.
       (4) Authorities in Japan confirm at least 15,899 deaths 
     from the earthquake and resulting tsunami.
       (5) Within minutes of the earthquake, the National Oceanic 
     and Atmospheric Administration alerted emergency workers in 
     the States of Hawaii, California, Oregon, Washington, and 
     Alaska that a potentially catastrophic tsunami was heading 
     toward those States and mobilized the Tsunami Warning System 
     in the Pacific.
       (6) The earthquake forced the emergency shutdown of 4 
     nuclear power facilities in Japan, representing a significant 
     loss of electric generation capacity for Japan and 
     necessitating rolling blackouts in portions of Tokyo.
       (7) The earthquake and the resulting tsunami severely 
     damaged the Fukushima Daiichi nuclear power station, 
     precipitating a loss of power for cooling systems at that 
     facility and necessitating emergency measures to prevent 
     serious radiation leakages.
       (8) International response to the disaster was swift, with 
     search and rescue teams arriving from the United States, the 
     United Kingdom, Australia, New Zealand, France, and China, 
     among other countries.
       (9) The USS Ronald Reagan aircraft carrier and its support 
     vessels were deployed to the earthquake region to participate 
     in search and rescue and relief operations.
       (10) Elements of the III Marine Expeditionary Force (MEF), 
     a United States Agency for International Development Disaster 
     Assistance Response Team (DART), and other United States 
     military and civilian personnel were deployed to Japan to 
     render aid and help coordinate United States relief efforts.
       (11) The United States-Japan alliance is based upon shared 
     values, democratic ideals, free markets, and a mutual respect 
     for human rights, individual liberties, and the rule of law, 
     and is central to the security and prosperity of the entire 
     Indo-Pacific region.
       (12) The Self-Defense Forces of Japan have contributed 
     broadly to global security missions, including relief 
     operations following the tsunami in Indonesia in 2005, 
     reconstruction in Iraq from 2004 to 2006, and relief 
     assistance following the earthquake in Haiti in 2010.
       (13) Japan is among the most generous donor nations, 
     providing billions of dollars of foreign assistance, 
     including disaster relief, annually to developing countries.
       (14) Since 2011, Japan has committed tremendous resources 
     and effort to decommission the Fukushima Daiichi nuclear 
     power station by taking measures on contaminated water and 
     extracting fuel.
       (15) Since 2011, Japan has committed tremendous resources 
     and effort to restore the environment in Fukushima 
     Prefecture, in collaboration with the International Atomic 
     Energy Agency, to ensure that citizens can live with peace of 
     mind with safe water and food.
       (16) Ten years after the earthquake and resulting tsunami, 
     Japan is seeking to host a successful Olympics in Tokyo where 
     the best athletes from across the world can showcase their 
     talents amidst the ongoing global COVID-19 pandemic.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress--
       (1) mourns the loss of life resulting from the earthquake 
     and tsunami in Japan on March 11, 2011;
       (2) expresses its deepest condolences to the families of 
     the victims of the tragedy;
       (3) expresses its sympathies to the survivors who are still 
     suffering in the aftermath of the natural disaster;
       (4) commends the Government of Japan for its courageous and 
     professional response to the natural disaster; and
       (5) supports the efforts already underway by the United 
     States Government, relief agencies, and private citizens to 
     assist the Government and people of Japan with the 
     revitalization efforts in Fukushima Prefecture.
                                 ______
                                 
  SA 1957. Ms. ERNST (for herself, Mr. Cramer, and Mr. Sullivan) 
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. DENIAL OF FUNDS FOR PREVENTING GOVERNMENT AGENCY 
                   ACCESS TO CAMPUS.

       (a) Denial of Funds for Preventing Government Agency Access 
     to Campus.--No funds described in subsection (c)(1) may be 
     provided by contract or by grant to an institution of higher 
     education (including any subelement of such institution) if 
     the Director determines that the institution (or any 
     subelement of that institution) has a policy or practice 
     (regardless of when implemented) that either prohibits, or in 
     effect prevents--
       (1) the government agencies or organizations from gaining 
     access to campuses, or access to students (who are 17 years 
     of age or older) on campuses, for purposes of recruiting in a 
     manner that is at least equal in quality and scope to the 
     access to campuses and to students that is provided to any 
     other employer; or
       (2) access by government recruiters for purposes of 
     government recruiting to the following information pertaining 
     to students (who are 17 years of age or older) enrolled at 
     that institution (or any subelement of that institution):
       (A) Names, addresses, electronic mail addresses (which 
     shall be the electronic mail addresses provided by the 
     institution, if available), and telephone listings.
       (B) Date and place of birth, levels of education, academic 
     majors, degrees received, and the most recent educational 
     institution enrolled in by the student.
       (b) Exceptions.--
       (1) In general.--The limitation established in subsection 
     (a) shall not apply to an institution of higher education (or 
     any subelement of that institution) if the Director 
     determines that the institution (and each subelement of that 
     institution) has ceased the policy or practice described in 
     that subsection.
       (2) Decline release.--A parent of a student who has not yet 
     turned 18 years of age and any student have the option to 
     decline release of the student's name, address, electronic 
     mail address, telephone listing, and all other information to 
     requesting government agencies or organizations.
       (c) Covered Funds.--
       (1) In general.--Except as provided in paragraph (2), the 
     limitations established in subsection (a) apply to the 
     following:
       (A) Any funds made available for the Foundation.
       (B) Any funds made available for any department or agency 
     for which regular appropriations are made in a Departments of 
     Labor, Health and Human Services, and Education, and Related 
     Agencies Appropriations Act.
       (C) Any funds made available for the Department of Homeland 
     Security.
       (D) Any funds made available for the National Nuclear 
     Security Administration of the Department of Energy.
       (E) Any funds made available for the Department of 
     Transportation.

[[Page S3369]]

       (F) Any funds made available for the Central Intelligence 
     Agency.
       (2) Amounts available for students.--Any Federal funding 
     specified in paragraph (1) that is provided to an institution 
     of higher education, or to an individual, to be available 
     solely for student financial assistance, related 
     administrative costs, or costs associated with attendance, 
     may be used for the purpose for which the funding is 
     provided.
       (d) Notice of Determinations.--Whenever the Director makes 
     a determination under subsection (a), (b), or (c), the 
     Director--
       (1) shall transmit a notice of the determination to the 
     Secretary of Education and to the head of each other 
     department and agency the funds of which are subject to the 
     determination; and
       (2) shall publish in the Federal Register a notice of the 
     determination and the effect of the determination on the 
     eligibility of the institution of higher education (and any 
     subelement of that institution) for contracts and grants.
                                 ______
                                 
  SA 1958. Mr. HAGERTY (for himself, Mr. Warner, Ms. Lummis, Mr. Coons, 
Mrs. Blackburn, and Mr. Cramer) 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 C of title I of division C, add the 
     following:

     SEC. 3124. STUDY ON THE CREATION OF AN OFFICIAL DIGITAL 
                   CURRENCY BY THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report on the short-, 
     medium-, and long-term national security risks associated 
     with the creation and use of the official digital renminbi of 
     the People's Republic of China, including--
       (1) risks arising from potential surveillance of 
     transactions;
       (2) risks related to security and illicit finance; and
       (3) risks related to economic coercion and social control 
     by the People's Republic of China.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Appropriations, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 1959. 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 appropriate place in title V of division B, insert 
     the following:

     SEC. 25__. INTELLIGENCE DUTIES OF OFFICE OF HOMELAND 
                   SECURITY.

       (a) Definitions.--In this section:
       (1) Intelligence community; national intelligence 
     program.--The terms ``intelligence community'' and ``National 
     Intelligence Program'' have the meanings given those terms in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Intelligence Duties.--In addition to the duties 
     described in section 221(d) of the Department of Agriculture 
     Reorganization Act of 1994 (7 U.S.C. 6922(d)), the Executive 
     Director of Homeland Security of the Department of 
     Agriculture (referred to in this section as the ``Executive 
     Director'') shall carry out the following duties:
       (1) The Executive Director shall be responsible for 
     leveraging the capabilities of the intelligence community and 
     National Laboratories intelligence-related research, to 
     ensure that the Secretary is fully informed of threats by 
     foreign actors to the food and agriculture critical 
     infrastructure sector.
       (2) The Executive Director shall advise the Secretary on 
     foreign efforts--
       (A) to steal knowledge and technology from the food and 
     agriculture critical infrastructure sector; and
       (B) to develop or implement biological warfare attacks, 
     cyber or clandestine operations, or other means of sabotaging 
     and disrupting the food and agriculture critical 
     infrastructure sector.
       (3) The Executive Director shall prepare, conduct, and 
     facilitate intelligence briefings for the Secretary and 
     appropriate officials of the Department of Agriculture.
       (4) The Executive Director shall operate as the liaison 
     between the Secretary and the intelligence community, with 
     the authority to request intelligence collection and analysis 
     on matters relating to the food and agriculture critical 
     infrastructure sector.
       (5) The Executive Director shall collaborate with the 
     intelligence community to downgrade intelligence assessments 
     for broader dissemination within the Department of 
     Agriculture.
       (6) The Executive Director shall facilitate sharing 
     information on foreign activities relating to agriculture, as 
     acquired by the Department of Agriculture with the 
     intelligence community.
                                 ______
                                 
  SA 1960. 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 in subtitle A of title I of 
     division F, insert the following:

     SEC. __. ESTABLISHMENT OF WORKING GROUP.

       (a) Establishment of Working Group.--Not later than 120 
     days after the date of enactment of this Act, the Secretary 
     of Health and Human Services (referred to in this section as 
     the ``Secretary'') shall establish a working group (in this 
     Act referred to as the ``Working Group'') in the Department 
     of Health and Human Services to make recommended updates to 
     the National Institute of Health's Genomic Data Sharing 
     Policy and to that end, develop and disseminate best 
     practices on data sharing for use by entities engaged in 
     biomedical research and international collaboration to enable 
     both academic, public, and private institutions to--
       (1) protect intellectual property;
       (2) weigh the national security risks of potential 
     partnerships where individually identifiable health 
     information (for purposes of this section, as defined by 
     section 160.103 of title 45, Code of Federal Regulations (or 
     any successor regulations)), of the people of the United 
     States is exchanged; and
       (3) protect the individually identifiable health 
     information of the people of the United States.
       (b) Membership.--
       (1) Composition.--The Secretary shall, after consultation 
     with the Director of the National Science Foundation and the 
     Attorney General, appoint to the Working Group--
       (A) individuals with knowledge and expertise in data 
     privacy or security, data-sharing, national security, or the 
     uses of genomic technology and information in clinical or 
     non-clinical research;
       (B) representatives of national associations representing 
     biomedical research institutions and academic societies;
       (C) representatives of at least 2 major genomics research 
     organizations from the private sector; and
       (D) representatives of any other entities the Secretary 
     determines appropriate and necessary to develop the best 
     practices described in subsection (a).
       (2) Representation.--In addition to the members described 
     in paragraph (1), the Working Group shall include not less 
     than one representative of each of the following:
       (A) The National Institutes of Health.
       (B) The Bureau of Industry and Security of the Department 
     of Commerce.
       (C) The National Academies of Science, Engineering, and 
     Mathematics.
       (D) The Department of State.
       (E) The Department of Justice.
       (F) The Office of the National Coordinator for Health 
     Information Technology.
       (G) The Defense Advanced Research Projects Agency.
       (H) The Department of Energy.
       (3) Date.--The appointments of the members of the Working 
     Group shall be made not later than 90 days after the date of 
     enactment of this Act.
       (c) Duties of Working Group.--
       (1) Study.--The Working Group shall study--
       (A) the transfer of data between private, public, and 
     academic institutions that partake in science and technology 
     research and their research partners, with a focus on 
     entities of the People's Republic of China and other foreign 
     entities of concern, including a review of what circumstances 
     would constitute a transfer of data;
       (B) best practices regarding data protection to help 
     private, public, and academic institutions that partake in 
     biomedical research decide how to weigh and factor national 
     security into their partnership decisions and, through 
     research collaborations,

[[Page S3370]]

     what steps the institutions can take to safeguard data, 
     particularly genomic data;
       (C) recommendations regarding areas where Federal agencies 
     can coordinate to increase education to such private and 
     academic research institutions that partake in science and 
     technology research to ensure the institutions can better 
     protect themselves from economic threats with a strengthened 
     understanding of intellectual property rights, research 
     ethics, and the risk of intellectual property theft, as well 
     as education on how to recognize and report such threats; and
       (D) other risks and best practices related to information 
     and data sharing, as identified by the Working Group, 
     including any gaps in current practice that could be 
     addressed by congressional action.
       (2) Report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Working Group shall submit a 
     report that contains a detailed statement of the findings and 
     conclusions of the Working Group, together with 
     recommendations to update the National Institute of Health's 
     Genomic Data Sharing Policy and subsequent nonbinding 
     guidance regarding risks and safeguards for data sharing with 
     foreign entities for research institutions in the field, to--
       (i) the Secretary of Health and Human Services;
       (ii) the President;
       (iii) the Committee on Health, Education, Labor, and 
     Pensions, the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate; and
       (iv) the Committee on Energy and Commerce, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (B) Guidance.--The guidance provided under subparagraph (A) 
     shall include non-binding guidance for entities that utilize 
     genomic technologies, such as whole genomic sequencing, for 
     use in research or other types of individually identifiable 
     health information.
       (3) Requirements.--In carrying out the duties of this 
     subsection, the Working Group shall consider all existing 
     Federal guidance and grant requirements (as of the date of 
     consideration), particularly with regard to foreign 
     influences and research integrity, and ensure that all 
     recommended updates to the Genomic Data Sharing Policy and 
     subsequent best practices put forward by the working group 
     not duplicate or conflict with existing guidance, as of the 
     date of publication.
       (d) Powers of Working Group.--
       (1) Hearings.--The Working Group may hold such hearings, 
     sit and act at such times and places, take such testimony, 
     and receive such evidence as the Working Group considers 
     advisable to carry out this Act.
       (2) Information from federal agencies.--
       (A) In general.--The Working Group may secure directly from 
     a Federal department or agency such information as the 
     Working Group considers necessary to carry out this Act.
       (B) Furnishing information.--On request of a majority of 
     the members of the Working Group, the head of the department 
     or agency shall furnish the information to the Working Group.
       (3) Postal services.--The Working Group may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (e) Termination of Working Group.--The Working Group shall 
     terminate 90 days after the date on which the Working Group 
     submits the report required under subsection (c)(2).
                                 ______
                                 
  SA 1961. Mr. ROMNEY (for himself and 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 section 3213, add the following:
       (c) Preclearance Operations at Taoyuan International 
     Airport.--
       (1) Executive agreement.--The Commissioner of U.S. Customs 
     and Border Protection shall enter into an executive agreement 
     with the Taoyuan International Airport to establish and 
     maintain preclearance operations in such airport pursuant to 
     section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and 
     section 103(a)(7) of the Immigration and Nationality Act (8 
     U.S.C. 1103(a)(7)).
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to establish 
     and maintain preclearance operations at Taoyuan International 
     Airport in accordance with the executive agreement referred 
     to in paragraph (1).
                                 ______
                                 
  SA 1962. 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. 63__. CRITICAL MINERAL DEVELOPMENT.

       (a) Definitions.--In this section:
       (1) Critical mineral.--The term ``critical mineral'' means 
     a critical mineral included on the Final List of Critical 
     Minerals 2018 published by the Secretary of the Interior (83 
     Fed. Reg. 23295 (May 18, 2018)).
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (A) the Secretary of the Interior; or
       (B) the Secretary of Agriculture.
       (b) Review.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, each Secretary concerned shall 
     complete a review of all land under the jurisdiction of the 
     Secretary concerned that is subject to an administrative 
     withdrawal from mineral development.
       (2) Critical minerals.--
       (A) In general.--In carrying out the review under paragraph 
     (1), the Secretary concerned shall use data of the United 
     States Geological Survey and any other relevant Federal 
     agencies to determine whether any land identified under that 
     paragraph contains any critical mineral.
       (B) Solicitation of comments.--In carrying out subparagraph 
     (A), the Secretary concerned shall hold a comment period for 
     private sources to share data regarding whether any land 
     identified under paragraph (1) contains any critical mineral.
       (c) List.--At the end of the 90-day period described in 
     paragraph (1) of subsection (b), each Secretary concerned 
     shall submit to Congress a report containing a comprehensive 
     list of all land identified as subject to an administrative 
     withdrawal from mineral development, including information on 
     whether the land contains any critical mineral, as determined 
     under paragraph (2) of that subsection.
       (d) Final Rule.--
       (1) In general.--Not later than 30 days after the date on 
     which the Secretary concerned submits the report under 
     subsection (c), the Secretary concerned shall issue a final 
     rule to rescind the withdrawal for each parcel of land 
     determined under subsection (b)(2) to contain any critical 
     mineral.
       (2) Final rule.--Each individual rescission made by the 
     Secretary concerned under paragraph (1) shall be deemed to be 
     a rule for purposes of chapter 8 of title 5, United States 
     Code (commonly known as the ``Congressional Review Act'').
       (e) Automatic Withdrawal.--With respect to any parcel of 
     land under the jurisdiction of the Secretary concerned that 
     is subject to an administrative withdrawal from mineral 
     development, if the Secretary does not submit a report under 
     subsection (c) with respect to that parcel by the deadline 
     described in subsection (b)(1), the administrative withdrawal 
     for that parcel shall automatically be rescinded.
                                 ______
                                 
  SA 1963. Mr. COTTON 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. __. FEDERAL BUREAU OF INVESTIGATION REPORT ON ESPIONAGE 
                   AND INTELLECTUAL PROPERTY THEFT.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation shall submit a report on the potential use of 
     10-year multi-entry visa programs of the United States by 
     covered nations (as defined in section 2533c(d) of title 10, 
     United States Code) to enable espionage and intellectual 
     property theft against the United States to--
       (1) the Select Committee on Intelligence of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Foreign Relations of the Senate;
       (4) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (5) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (6) the Committee on the Judiciary of the House of 
     Representatives;
       (7) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (8) the Committee on Homeland Security of the House of 
     Representatives.
       (b) Contents.--The report required under subsection (a) 
     shall include, at a minimum,

[[Page S3371]]

     an analysis of efforts by covered nations to exploit the visa 
     programs described in subsection (a) and coerce individuals 
     participating in such visa programs to aid in espionage or 
     intellectual property theft by covered nations or entities 
     under the jurisdiction of such covered nations.
                                 ______
                                 
  SA 1964. 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) Definitions.--In this section:
       (1) Covered nation.--The term ``covered nation'' has the 
     meaning given the term in section 2533c(d) of title 10, 
     United States Code.
       (2) Foreign entity of concern.--The term ``foreign entity 
     of concern'' has the meaning given the term in section 
     2307(a)(1).
       (b) 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--
       (1) a foreign entity of concern; or
       (2) an applicant operating on behalf of a foreign entity of 
     concern.
       (c) Rule of Construction.--For the purposes of subsection 
     (b), nothing in section 2307(a)(1)(C) may be construed to 
     prohibit a United States company or a company of an allied 
     nation that maintains a subsidiary operation in a covered 
     nation or a United States university that maintains a branch 
     campus in a covered nation from receiving National Science 
     Foundation funds at United States locations strictly because 
     of the existence of such subsidiary operation or branch 
     campus.
                                 ______
                                 
  SA 1965. Mr. ROMNEY 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. ____. CHINA GRAND STRATEGY.

       (a) Findings; Sense of Congress.--
       (1) Findings.--Congress finds the following:
       (A) The United States is in a geostrategic competition with 
     the People's Republic of China, a great power that is 
     challenging the United States in the diplomatic, economic, 
     military, technological, and informational domains.
       (B) During the geostrategic competition with the Soviet 
     Union, the United States articulated and refined its strategy 
     to ensure ultimate success.
       (C) President Eisenhower utilized experts from both within 
     and outside the United States Government during Project 
     Solarium to produce NSC 162/2, a ``Statement of Policy by the 
     National Security Council on Basic National Security Policy'' 
     in order to ``meet the Soviet Threat to U.S. security'' and 
     guide United States national security policy.
       (D) President Ford authorized the Team B project to draw in 
     experts from outside the United States Government to question 
     and strengthen the analysis of the Central Intelligence 
     Agency.
       (E) A model for United States strategy on a great power 
     competitor is the January 17, 1983, National Security 
     Decision Directive Number 75, approved by President Reagan, 
     to organize United States strategy toward the Soviet Union in 
     order to clarify and orient United States policies towards 
     specific objectives vis a vis the Soviet Union.
       (2) Sense of congress.--It is the sense of Congress that 
     the United States should draw upon previous successful models 
     of grand strategy to articulate a strategy that appropriately 
     addresses the evolving challenges and contours of the current 
     geostrategic competition with the People's Republic of China.
       (b) China Grand Strategy.--
       (1) In general.--Not later than 30 days after the date on 
     which the President first submits to Congress a national 
     security strategy under section 108 of the National Security 
     Act of 1947 (50 U.S.C. 3043) after the date of the enactment 
     of this Act, the President shall commence developing a 
     comprehensive report that articulates the strategy of the 
     United States with respect to the People's Republic of China 
     (in this section referred to as the ``China Grand Strategy'') 
     that builds on the work of such national security strategy.
       (2) Submittal.--Not later than 270 days after the date on 
     which the President first submits to Congress a national 
     security strategy under section 108 of the National Security 
     Act of 1947 (50 U.S.C. 3043) after the date of the enactment 
     of this Act, the President shall submit to Congress the China 
     Grand Strategy developed under paragraph (1).
       (3) Form.--The China Grand Strategy shall be submitted in 
     classified form and shall include an unclassified summary.
       (c) Contents.--The China Grand Strategy developed under 
     subsection (b) shall set forth the national security strategy 
     of the United States with respect to the People's Republic of 
     China and shall include a comprehensive description and 
     discussion of the following:
       (1) The worldwide interests, goals, and objectives of the 
     United States, including national security interests, within 
     the context of the competition with the People's Republic of 
     China.
       (2) The foreign and economic policy, worldwide commitments, 
     and national defense capabilities of the United States 
     necessary to deter aggression and to implement the national 
     security strategy of the United States within the context of 
     the competition with the People's Republic of China.
       (3) How the United States will exercise the political, 
     economic, military, diplomatic, and other elements of its 
     national power to protect or advance its interests and 
     achieve the goals and objectives referred to in paragraph 
     (1).
       (4) The adequacy of the capabilities of the United States 
     Government to carry out the national security strategy of the 
     United States within the context of the competition with the 
     People's Republic of China, including an evaluation--
       (A) of the balance among the capabilities of all elements 
     of national power of the United States; and
       (B) the balance of all United States elements of national 
     power in comparison to equivalent elements of national power 
     of the People's Republic of China.
       (5) The assumptions and end-state or end-states of the 
     strategy of the United States with respect to the People's 
     Republic of China.
       (6) Such other information as the President considers 
     necessary to help inform Congress on matters relating to the 
     national security strategy of the United States with respect 
     to the People's Republic of China.
       (d) Advisory Board on China Grand Strategy.--
       (1) Establishment.--There is hereby established in the 
     executive branch a commission to be known as the ``Advisory 
     Board on China Grand Strategy'' (in this section referred to 
     as the ``Board'').
       (2) Purpose.--The purpose of the Board is to convene 
     outside experts to advise the President on development of the 
     China Grand Strategy.
       (3) Duties.--
       (A) Review.--The Board shall review the current national 
     security strategy of the United States with respect to the 
     People's Republic of China, including assumptions, strategy, 
     and end-state or end-states.
       (B) Assessment and recommendations.--The Board shall 
     analyze the United States national security strategy with 
     respect to the People's Republic of China, including 
     challenging its assumptions and approach, and make 
     recommendations to the President for the China Grand 
     Strategy.
       (4) Composition.--
       (A) Recommendations.--Not later than 30 days after the date 
     on which the President first submits to Congress a national 
     security strategy under section 108 of the National Security 
     Act of 1947 (50 U.S.C. 3043) after the date of the enactment 
     of this Act, the majority leader of the Senate, the minority 
     leader of the Senate, the Speaker of the House of 
     Representatives, and the minority leader of the House of 
     Representatives shall each provide to the President a list of 
     at not fewer than 6 candidates for membership on the Board, 
     at least 3 of whom shall be individuals in the private sector 
     and 3 of whom shall be individuals in academia or employed by 
     a nonprofit research institution.
       (B) Membership.--The Board shall be composed of 8 members 
     appointed by the President as follows:
       (i) Four shall be selected from among individuals in the 
     private sector.
       (ii) Four shall be selected from among individuals in 
     academia or employed by a nonprofit research institution.
       (iii) Two members should be selected from among individuals 
     included in the list submitted by the majority leader of the 
     Senate under subparagraph (A), of whom--

       (I) one should be selected from among individuals in the 
     private sector; and
       (II) one should be selected from among individuals in 
     academia or employed by a nonprofit research institution.

       (iv) Two members should be selected from among individuals 
     included in the list submitted by the minority leader of the 
     Senate under subparagraph (A), of whom--

       (I) one should be selected from among individuals in the 
     private sector; and
       (II) one should be selected from among individuals in 
     academia or employed by a nonprofit research institution.

[[Page S3372]]

       (v) Two members should be selected from among individuals 
     included in the list submitted by the Speaker of the House of 
     Representatives under subparagraph (A), or whom--

       (I) one should be selected from among individuals in the 
     private sector; and
       (II) one should be selected from among individuals in 
     academia or employed by a nonprofit research institution.

       (vi) Two members should be selected from among individuals 
     included in the list submitted by the minority leader of the 
     House of Representatives under subparagraph (A), of whom--

       (I) one should be selected from among individuals in the 
     private sector; and
       (II) one should be selected from among individuals in 
     academia or employed by a nonprofit research institution.

       (C) Nongovernmental membership; period of appointment; 
     vacancies.--
       (i) Nongovernmental membership.--An individual appointed to 
     the Board may not be an officer or employee of an 
     instrumentality of government.
       (ii) Period of appointment.--Members shall be appointed for 
     the life of the Board.
       (iii) Vacancies.--Any vacancy in the Board shall be filled 
     in the same manner as the original appointment.
       (5) Deadline for appointment.--Not later than 60 days after 
     the date on which the President first submits to Congress a 
     national security strategy under section 108 of the National 
     Security Act of 1947 (50 U.S.C. 3043) after the date of the 
     enactment of this Act, the President shall--
       (A) appoint the members of the Board pursuant to paragraph 
     (4); and
       (B) submit to Congress a list of the members so appointed.
       (6) Experts and consultants.--The Board is authorized to 
     procure temporary and intermittent services under section 
     3109 of title 5, United States Code, but at rates for 
     individuals not to exceed the daily equivalent of the maximum 
     annual rate of basic pay under level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       (7) Security clearances.--The appropriate Federal 
     departments or agencies shall cooperate with the Board in 
     expeditiously providing to the Board members and experts and 
     consultants appropriate security clearances to the extent 
     possible pursuant to existing procedures and requirements, 
     except that no person may be provided with access to 
     classified information under this Act without the appropriate 
     security clearances.
       (8) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Board and any experts and 
     consultants consistent with all applicable statutes, 
     regulations, and Executive orders.
       (9) Nonapplicability of certain requirements.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) and section 552b of 
     title 5, United States Code (commonly known as the 
     ``Government in the Sunshine Act''), shall not apply to the 
     Board.
       (10) Uncompensated service.--Members of the Board shall 
     serve without compensation.
       (11) Cooperation from government.--In carrying out its 
     duties, the Board shall receive the full and timely 
     cooperation of the heads of relevant Federal departments and 
     agencies in providing the Board with analysis, briefings, and 
     other information necessary for the fulfillment of its 
     responsibilities.
       (12) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     the period of fiscal years 2022 and 2023.
       (13) Termination.--The Board shall terminate on the date 
     that is 60 days after the date on which the President submits 
     the China Grand Strategy to Congress under subsection (b)(2).
                                 ______
                                 
  SA 1966. Mr. HAGERTY 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 II of division E, add 
     the following:

     SEC. 5214. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE 
                   UNDER DEFENSE PRODUCTION ACT OF 1950.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) rare earth elements are among the materials the United 
     States domestic industrial base requires to produce modern 
     high-tech devices;
       (2) the People's Republic of China possesses more than 80 
     percent of the world's capacity to process raw ore for rare 
     earth elements, and is the world's biggest reserve, producer, 
     consumer, processor, importer, and exporter of rare earth 
     elements;
       (3) Greenland, a self-governing territory of Denmark in 
     North America, sits on vast, untapped reserves of critical 
     minerals, including rare earth elements; and
       (4) rare earth elements are critically important inputs for 
     the United States domestic industrial base.
       (b) Modification of Definition.--Section 702(7)(A) of the 
     Defense Production Act of 1950 (50 U.S.C. 4552(7)(A)) is 
     amended by striking ``or Canada'' and inserting ``, Canada, 
     or Greenland''.
                                 ______
                                 
  SA 1967. Mr. HAGERTY (for himself and Mr. Warner) 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. PREVENTION OF ABUSE OF FLEXIBILITIES IN RULES AND 
                   NEGOTIATIONS GIVEN BY THE WORLD TRADE 
                   ORGANIZATION TO DEVELOPING COUNTRIES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the World Trade Organization (WTO) was established to 
     catalyze economic growth and raise standards of living by 
     establishing international trade rules based on principles of 
     transparency, openness, and predictability;
       (2) the WTO continues to use a dichotomy between developed 
     and developing countries that has allowed some WTO members to 
     gain unfair advantages in the international trade arena;
       (3) China continues to declare itself a developing country 
     and avail itself of flexibilities under WTO rules;
       (4) China has the second largest gross domestic product in 
     the world;
       (5) China is the largest global exporter of goods and 
     accounts for more than 10 percent of total global exports of 
     goods;
       (6) the outbound and inbound foreign direct investment of 
     China exceeds that of most member countries of the 
     Organization for Economic Cooperation and Development;
       (7) China, however, continues to declare itself a 
     developing country to enjoy the special and differential 
     treatment provisions that come with that status; and
       (8) when the largest economies claim developing country 
     status, they potentially harm not only other developed 
     countries but also developing economies that require special 
     and differential treatment.
       (b) Prevention of Abuse of Flexibilities.--
       (1) In general.--The United States Trade Representative 
     shall use all available means as the Trade Representative 
     considers appropriate to secure changes at the World Trade 
     Organization that would prevent self-declared developing 
     countries from availing themselves of flexibilities in the 
     rules and negotiations at the WTO that are not justified by 
     appropriate economic and other indicators, as determined by 
     the Trade Representative.
       (2) Cooperation.--The Trade Representative shall carry out 
     the requirements under paragraph (1) in cooperation with 
     other like-minded WTO members.
       (3) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Trade Representative shall submit 
     to Congress a report on the progress of the Trade 
     Representative in carrying out paragraph (1).
       (c) Treatment by United States.--Not later than 270 days 
     after the date of the enactment of this Act, if the Trade 
     Representative determines that substantial progress has not 
     been made toward securing the changes described in subsection 
     (b)(1), the Trade Representative shall, as the Trade 
     Representative considers appropriate, no longer treat as a 
     developing country for the purposes of the WTO any WTO member 
     that, in the judgment of the Trade Representative, is 
     improperly declaring itself a developing country and 
     inappropriately seeking the benefit of flexibilities in the 
     rules and negotiations at the WTO.
       (d) Publication.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Trade Representative shall 
     publish on an internet website of the Office of the United 
     States Trade Representative a list of all self-declared 
     developing countries that the Trade Representative determines 
     are inappropriately seeking the benefit of developing-country 
     flexibilities in the rules of and negotiations by the WTO.
       (2) Update.--The Trade Representative shall update the list 
     under paragraph (1) not less frequently than annually.
       (e) Definitions.--In this section, the terms ``World Trade 
     Organization'', ``WTO'', and ``WTO member'' have the meanings 
     given those terms in section 2 of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501).
                                 ______
                                 
  SA 1968. Mr. CORNYN (for himself, Mr. Kelly, Mr. Rubio, and Mr. 
Peters) 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

[[Page S3373]]

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 497, strike line 11 and insert the following:
       (1) For Exploration, $6,555,400,000.
       On page 497, strike line 13 and insert the following:
       (3) For Science, $7,301,000,000.
       On page 497, strike line 15 and insert the following:
       (5) For Space Technology, $1,100,000,000.
       On page 497, strike line 21 and insert the following:
     pliance and Restoration, $390,278,000.
       On page 503, strike lines 6 and 7 and insert the following:
     gress that next-generation advanced spacesuits and associated 
     EVA technologies are critical technologies for human space 
     exploration and use of
       On page 503, line 12, insert ``and associated EVA 
     technologies'' after ``advanced spacesuits''.
       On page 510, line 9, insert ``the ''before ``international 
     space station''.
       On page 512, between lines 7 and 8, insert the following:

     SEC. 2621A. TRANSITION STRATEGY FOR THE INTERNATIONAL SPACE 
                   STATION.

       (a) In General.--Not later than 300 days after the date of 
     the enactment of this division, the Administrator shall 
     submit to the appropriate committees of Congress a strategy 
     that--
       (1) describes the manner in which the Administration will 
     ensure a stepwise transition to an eventual successor 
     platform consistent with the ISS Transition Principles 
     specified in the International Space Station Transition 
     Report issued pursuant to section 50111(c)(2) of title 51, 
     United States Code, on March 30, 2018;
       (2) includes capability-driven milestones and timelines 
     leading to such a transition;
       (3) takes into account the importance of maintaining 
     workforce expertise, core capabilities, and continuity at the 
     centers of the Administration, including such centers that 
     are primarily focused on human spaceflight;
       (4) considers how any transition described in paragraph (1) 
     affects international and commercial partnerships;
       (5) presents opportunities for future engagement with--
       (A) international partners;
       (B) countries with growing spaceflight capabilities, if 
     such engagement is not precluded by other provisions of law;
       (C) the scientific community, including the microgravity 
     research community;
       (D) the private sector; and
       (E) other United States Government users; and
       (6) promotes the continued economic development of low-
     Earth orbit.
       (b) Implementation Plan.--The strategy required by 
     subsection (a) shall include an implementation plan 
     describing the manner in which the Administration plans to 
     carry out such strategy.
       (c) Report.--Not less frequently than biennially, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the implementation of the strategy 
     required by subsection (a).
       On page 523, line 8, strike ``2626'' and insert ``2625''.
       On page 526, line 16, strike ``2626'' and insert ``2625''.
       On page 527, line 11, strike ``2627'' and insert ``2626''
       On page 535, between lines 15 and 16, insert the following:

     SEC. 2628A. HUMAN SPACE FACILITIES IN AND BEYOND LOW-EARTH 
                   ORBIT.

       (a) Sense of Congress.--It is the sense of Congress that 
     human space facilities play a significant role in the long-
     term pursuit by the Administration of the exploration goals 
     under section 202(a) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 
     18312(a)).
       (b) Report on Crewed and Uncrewed Human Space Facilities.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this division, the Administrator shall 
     submit to the appropriate committees of Congress a report on 
     the potential development of 1 or more human space 
     facilities.
       (2) Contents.--With respect to the potential development of 
     each human space facility referred to in paragraph (1), the 
     report required under such paragraph shall include a 
     description of the following:
       (A) The capacity of the human space facility to advance, 
     enable, or complement human exploration of the solar system, 
     including human exploration of the atmosphere and the surface 
     of celestial bodies.
       (B) The role of the human space facility as a staging, 
     logistics, and operations hub in exploration architecture.
       (C) The capacity of the human space facility to support the 
     research, development, testing, validation, operation, and 
     launch of space exploration systems and technologies.
       (D) The importance of workforce expertise and core 
     capabilities at NASA centers, including NASA centers that are 
     primarily focused on human spaceflight, in the development of 
     structures and systems for each human space facility.
       (E) Opportunities and strategies for commercial operation 
     or public-private partnerships with respect to the human 
     space facility that protect taxpayer interests and foster 
     competition.
       (F) The role of the human space facility in encouraging 
     further crewed and uncrewed exploration investments.
       (G) The manner in which the development and maintenance of 
     the International Space Station would reduce the cost of, and 
     time necessary for, the development of the human space 
     facility.
       On page 551, strike lines 17 and 18 and insert the 
     following:
     2640(b)(2)(A) of the National Aeronautics and Space 
     Administration Authorization Act of 2021.
       On page 583, between lines 2 and 3, insert the following:
       (e) Report on Research and Development Relating to Life-
     sustaining Technical Systems and Plan for Achieving Power 
     Supply.--Not later than 1 year after the date of the 
     enactment of this division, the Administrator shall submit to 
     the appropriate committees of Congress--
       (1) a report on the research and development of the 
     Administration relating to technical systems for the self-
     sufficient sustainment of life in and beyond low-Earth orbit; 
     and
       (2) a 10-year plan for achieving a power supply on the Moon 
     that includes--
       (A) a consideration of the resources necessary to 
     accomplish such plan;
       (B) collaboration and input from industry and the 
     Department of Energy;
       (C) the use of a variety of types of energy, including 
     solar and nuclear; and
       (D) a detailed description of the resources necessary for 
     the Administration to build a lunar power facility with 
     human-tended maintenance requirements during the subsequent 
     10-year period.
                                 ______
                                 
  SA 1969. 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, the Committee on Foreign 
     Relations, and the Committee on the Judiciary of the Senate 
     and the Committee on Ways and Means, the Committee on Foreign 
     Affairs, the Committee on the Judiciary, and Committee on 
     Financial Services of the House of Representatives a report 
     on virtual currency and their global use, which shall--
       (1) assess how foreign countries use and mine virtual 
     currencies, including identifying the largest state and 
     private industry users and miners of virtual currency, 
     policies foreign countries have adopted to encourage virtual 
     currency use and mining, and how foreign countries could be 
     strengthened or undermined by the use and mining of 
     cryptocurrencies within their borders;
       (2) identify, to the greatest extent practicable, the types 
     and dollar value of virtual currency mined for each of fiscal 
     years 2016 through 2022 within the United States and 
     globally, as well as within the People's Republic of China 
     and within any other countries the Secretary of the Treasury 
     determines are relevant; and
       (3) identify vulnerabilities, including those related to 
     supply disruptions and technology availability of the global 
     microelectronic supply chain, and opportunities with respect 
     to virtual currency mining operations.
       (b) Classified Annex.--The report required under subsection 
     (a) shall be submitted in unclassified form, but may contain 
     a classified annex.
                                 ______
                                 
  SA 1970. Mr. MANCHIN 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 80, line 21, insert ``and in consultation with the 
     Secretary of Energy'' after ``Director''.

[[Page S3374]]

  

                                 ______
                                 
  SA 1971. Mr. VAN HOLLEN (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:

       At the appropriate place, insert the following:

                   TITLE __--NATIONAL FAB LAB NETWORK

     SEC. ___1. SHORT TITLE.

       This title may be cited as the ``National Fab Lab Network 
     Act of 2021''.

     SEC. ___2. FINDINGS.

       Congress finds the following:
       (1) Scientific discoveries and technical innovations are 
     critical to the economic and national security of the United 
     States.
       (2) Maintaining the leadership of the United States in 
     science, technology, engineering, and mathematics will 
     require a diverse population with the skills, interest, and 
     access to tools required to advance these fields.
       (3) Just as earlier digital revolutions in communications 
     and computation provided individuals with the internet and 
     personal computers, a digital revolution in fabrication will 
     allow anyone to make almost anything, anywhere.
       (4) These creations include elements of a typical household 
     basket of goods (furnishings, apparel, food production 
     equipment, shelter, transportation, education and 
     communication, recreation, and other goods and services), 
     personal technology, means for personal expression, the 
     production of digital fabrication machinery, community 
     design, and manufacturing capability.
       (5) The Center for Bits and Atoms of the Massachusetts 
     Institute of Technology (CBA) has contributed significantly 
     to the advancement of these goals through its work in 
     creating and advancing digital fabrication facilities, or 
     ``fab labs'' in the United States and abroad.
       (6) Such digital fabrication facilities may include 
     MakerSpaces, Hackerspaces, and other creative spaces that use 
     digital fabrication as a platform for education, innovation, 
     entrepreneurship, personal expression, public access, and 
     social impact.
       (7) Such digital fabrication facilities provide a model for 
     a new kind of national laboratory that operates as a network, 
     linking local facilities for advanced manufacturing, 
     providing universal access, cultivating new literacies, and 
     empowering communities.
       (8) The nonprofit Fab Foundation was established to support 
     the growth of the international network of digital 
     fabrication facilities, to amplify the educational, 
     entrepreneurial, and social impacts of digital fabrication 
     facilities, and to support the development of regional 
     capacity building organizations to broaden impact as well as 
     address local, regional, and global challenges through the 
     use of digital fabrication technologies.
       (9) A coordinated array of national public-private 
     partnerships will be the most effective way to accelerate the 
     provision of universal access to this infrastructure for 
     workforce development, science, technology, engineering, and 
     mathematics education, developing inventions, creating 
     businesses, producing personalized products, and mitigating 
     risks.

     SEC. ___3. DEFINITION OF FAB LAB.

       In this title, the term ``fab lab'' means a facility that--
       (1) contains the range of capabilities required to create 
     form and function from digital designs, including--
       (A) computer-controlled machines for additive and 
     subtractive fabrication processes;
       (B) tools and components for manufacturing and programming 
     electronic circuits;
       (C) materials and methods for short-run production; and
       (D) workflows for three-dimensional design and 
     digitization; and
       (2) is committed to supporting education, innovation, 
     entrepreneurship, personal expression, self-sufficiency, and 
     social impact for its community through digital fabrication.

     SEC. ___4. ESTABLISHMENT.

       There is hereby established a nonprofit corporation to be 
     known as the ``National Fab Lab Network'' (in this title 
     referred to as the ``corporation''), which shall not be an 
     agency or establishment of the United States Government. The 
     corporation shall be subject to the provisions of this title, 
     and, to the extent consistent with this title, to the 
     District of Columbia Nonprofit Corporation Act (D.C. Code, 
     section 29-501 et seq.).

     SEC. ___5. GOALS AND ACTIVITIES.

       (a) Goals.--The goals of the corporation are as follows:
       (1) To provide universal access to digital fabrication.
       (2) To foster current and future fab labs.
       (3) To create a national network of connected local fab 
     labs to empower individuals and communities in the United 
     States.
       (4) To foster the use of distributed digital fabrication 
     tools--
       (A) to promote science, technology, engineering and math 
     skills;
       (B) to increase invention and innovation;
       (C) to create businesses and jobs;
       (D) to fulfill personal, professional, and community needs;
       (E) to create value and mitigate harm;
       (F) to increase self-sufficiency for individuals, 
     households, and communities; and
       (G) to align workforce development with new and emerging 
     jobs.
       (5) To provide a platform for education, research, and for 
     catalyzing new methods in science, technology, engineering, 
     and mathematics education, and introducing digital 
     fabrication as an essential new literacy.
       (6) To create new ways of educating the workforce that will 
     enable workers to compete in a 21st century global 
     marketplace.
       (b) Activities.--To attain the goals described in 
     subsection (a), the corporation shall carry out activities, 
     including the following:
       (1) Seeking to establish a minimum of one fab lab in each 
     Congressional District, prioritizing underserved communities.
       (2) Seeking to establish additional labs within the network 
     created under subsection (a)(3), in response to local demand, 
     and to provide guidelines for their sustainable operation.
       (3) Linking fab labs into a national network, and promoting 
     further expansion of fab labs across the United States.
       (4) Serving as a resource to assist diverse public and 
     private stakeholders with the effective operation of fab 
     labs, and the training of fab lab leaders and mentors.
       (5) Maintaining a national registry of fab labs.
       (6) Providing standards and protocols for connecting fab 
     labs regionally, nationally, and globally.
       (7) Assisting existing fab labs in producing additional fab 
     labs.

     SEC. ___6. MEMBERSHIP AND ORGANIZATION.

       Except as provided in this title, eligibility for 
     membership in the corporation and the rights and privileges 
     of members shall be in accordance with the laws governing tax 
     exempt organizations in the District of Columbia.

     SEC. ___7. GOVERNING BODY.

       (a) In General.--Except as provided in subsection (b), 
     directors, officers, and other staff of the corporation, and 
     their powers and duties, shall be in accordance with the laws 
     governing tax exempt organizations in the District of 
     Columbia.
       (b) Board Membership.--
       (1) Composition.--The board of the corporation shall be 
     composed of not fewer than 7 members and not more than 15 
     members.
       (2) Representation.--
       (A) In general.--The membership of the board of the 
     corporation shall collectively represent the diversity of fab 
     labs.
       (B) Requirement.--At a minimum, the board of the 
     corporation shall be composed of members from geographic 
     regions across the United States, Tribal communities, 
     educational and research institutions, libraries, nonprofit 
     and commercial organizations, diverse demographic groups, and 
     the Fab Foundation.
       (C) Individual representation.--An individual member of the 
     board of the corporation may represent more than one board 
     role and additional roles may be added to reflect the 
     diversity of the fab lab ecosystem.
       (3) Selection.--The initial board of the corporation shall 
     be chosen, in consultation with the Fab Foundation and in 
     accordance with paragraph (2)(A), as follows:
       (A) Two shall be appointed by the majority leader of the 
     Senate.
       (B) Two shall be appointed by the minority leader of the 
     Senate.
       (C) Two shall be appointed by the Speaker of the House of 
     Representatives.
       (D) Two shall be appointed by the minority leader of the 
     House of Representatives.

     SEC. ___8. POWERS.

       The corporation may--
       (1) coordinate the creation of a national network of local 
     fab labs in the United States;
       (2) issue guidelines for the sustainable operation of fab 
     labs;
       (3) issue standards and guidelines for fab labs;
       (4) serve as a resource for organizations and communities 
     seeking to create fab labs by providing information, 
     assessing suitability, advising on the lab lifecycle, and 
     maintaining descriptions of prospective and operating sites;
       (5) accept funds from private individuals, organizations, 
     government agencies, or other organizations;
       (6) distribute funds to other organizations to establish 
     and operate fab labs as members of the corporation;
       (7) facilitate communication between other organizations 
     seeking to join the corporation with operational entities 
     that can source and install fab labs, provide training, 
     assist with operations, account for spending, and assess 
     impact;
       (8) communicate the benefits available through membership 
     in the corporation to communities and the public;
       (9) facilitate and participate in synergistic programs, 
     including workforce training, job creation, researching the 
     enabling technology and broader impacts of such programs, and 
     the production of civic infrastructure;
       (10) develop processes and methods to mitigate risks 
     associated with digital fabrication;

[[Page S3375]]

       (11) amend a constitution and bylaws for the management of 
     its property and the regulation of its affairs;
       (12) choose directors, officers, trustees, managers, 
     employees, and agents as the activities of the corporation 
     require;
       (13) make contracts;
       (14) acquire, own, lease, encumber, and transfer property 
     as necessary or convenient to carry out the purposes of the 
     corporation;
       (15) borrow money, issue instruments of indebtedness, and 
     secure its obligations by granting security interests in its 
     property;
       (16) charge and collect membership dues and subscription 
     fees; and
       (17) sue and be sued.

     SEC. ___9. EXCLUSIVE RIGHT TO NAME, TERM, SEALS, EMBLEMS, AND 
                   BADGES.

       The corporation and its participating digital fabrication 
     labs have the exclusive right to use--
       (1) the name ``National Fab Lab Network''; and
       (2) any seals, emblems, and badges the corporation adopts.

     SEC. __10. RESTRICTIONS.

       (a) Stock and Dividends.--The corporation may not issue 
     securities of any kind or declare or pay a dividend.
       (b) Distribution of Income or Assets.--The income or assets 
     of the corporation may not inure to the benefit of, or be 
     distributed to, a director, officer, or member during the 
     life of the corporation under this title. This subsection 
     does not prevent the payment of reasonable compensation to an 
     officer or reimbursement for actual necessary expenses in 
     amounts approved by the board of directors.
       (c) Loans.--The corporation may not make a loan to a 
     director, officer, or employee.
       (d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval or the 
     authority of the United States Government for any of its 
     activities, but may recognize establishment of the 
     corporation pursuant to section ___4 of this title.

     SEC. __11. RECORDS AND INSPECTION.

       (a) Records.--The corporation shall keep--
       (1) correct and complete records of account;
       (2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       (3) at its principal office, a record of the names and 
     addresses of its members entitled to vote.
       (b) Inspections.--A member entitled to vote, or an agent or 
     attorney of the member, may inspect the records of the 
     corporation for any proper purpose, at any reasonable time.

     SEC. __12. ANNUAL REPORT.

       Not less frequently than once each year, the corporation 
     shall submit to Congress, including specifically 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 the activities of 
     the corporation during the prior fiscal year.
                                 ______
                                 
  SA 1972. Mr. CARDIN (for himself, Mr. Wicker, Ms. Cantwell, and Mr. 
Scott of South Carolina) 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.

 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.

        TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

Sec. 7501. Purpose.
Sec. 7502. Composition and term.
Sec. 7503. Duties.

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

Sec. 7601. General duties.
Sec. 7602. Participation of Federal departments and agencies.

     TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

Sec. 7701. Administrative powers.
Sec. 7702. Federal assistance.
Sec. 7703. Recordkeeping.
Sec. 7704. Review and report by Comptroller General.
Sec. 7705. Biannual reports; recommendations.
Sec. 7706. Separability.
Sec. 7707. Executive Order 11625.
Sec. 7708. Amendment to the Federal Acquisition Streamlining Act of 
              1994.
Sec. 7709. 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.
       (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 2021 Small Business Credit Survey of 
     the Federal Reserve Banks, Black-owned and Latino-owned 
     employer businesses are more than 2 and 1.5 times more likely 
     to be denied loans, respectively, than White-owned employer 
     businesses;
       (B) according to the Bureau of the Census, the average non-
     minority business enterprise reports revenue that is more 
     than 3 times higher than revenue reported by the average 
     minority business enterprise; and
       (C) according to the Kauffman Foundation--
       (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 economy of the United States 
     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;
       (C) American Indian or Alaska Native;
       (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.
       (6) It is in the interest of Congress to address the 
     persistent racial wealth gap in the United States and to 
     support entrepreneurship as a pathway to wealth development.
       (7) 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 Under Secretary to carry out programs that 
     will result in increased access to capital, management, and 
     technology for minority business enterprises.

[[Page S3376]]

  


     SEC. 7003. DEFINITIONS.

       In this division:
       (1) Agency.--The term ``Agency'' means the Minority 
     Business Development Agency of the Department of Commerce.
       (2) 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).
       (3) 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.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (5) 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 
     Department of Housing and Urban Development;
       (C) a qualified opportunity zone, as that term is defined 
     in section 1400Z-1 of the Internal Revenue Code of 1986; or
       (D) any other political subdivision or unincorporated area 
     of a State determined by the Under Secretary to be an area of 
     economic distress.
       (6) 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.
       (7) 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).
       (8) 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.
       (9) 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.
       (10) 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 or economically disadvantaged individuals; and
       (ii) the management and daily business operations of which 
     are controlled by 1 or more socially or 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 annual revenue of the business enterprise.
       (11) 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.
       (12) Public sector entity.--The term ``public sector 
     entity'' means--
       (A) a State;
       (B) an agency of a State;
       (C) a political subdivision of a State; or
       (D) an agency of a political subdivision of a State.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (14) Socially or economically disadvantaged business 
     concern.--The term ``socially or economically disadvantaged 
     business concern'' means a for-profit business enterprise--
       (A)(i) that is not less than 51 percent owned by 1 or more 
     socially or economically disadvantaged individuals; or
       (ii) that is socially or economically disadvantaged; or
       (B) the management and daily business operations of which 
     are controlled by 1 or more socially or economically 
     disadvantaged individuals.
       (15) Socially or economically disadvantaged individual.--
       (A) In general.--The term ``socially or economically 
     disadvantaged individual'' means an individual who has been 
     subjected to racial or ethnic prejudice or cultural bias (or 
     the ability of whom to compete in the free enterprise system 
     has been impaired due to diminished capital and credit 
     opportunities, as compared to others in the same line of 
     business and competitive market area) 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 Under 
     Secretary shall presume that the term ``socially or 
     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;
       (C) entrepreneurship;
       (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;
       (C) the Commonwealth of Puerto Rico;
       (D) the United States Virgin Islands;
       (E) Guam;
       (F) American Samoa;
       (G) the Commonwealth of the Northern Mariana Islands; and
       (H) each Indian Tribe.
       (18) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Minority Business 
     Development, who is appointed as described in section 7004(b) 
     to administer this division.

     SEC. 7004. MINORITY BUSINESS DEVELOPMENT AGENCY.

       (a) In General.--There is within the Department of Commerce 
     the Minority Business Development Agency.
       (b) Under Secretary.--
       (1) Appointment and duties.--The Agency shall be headed by 
     the Under Secretary of Commerce for Minority Business 
     Development, who shall--
       (A) be appointed by the President, by and with the advice 
     and consent of the Senate;
       (B) except as otherwise expressly provided, be responsible 
     for the administration of this division; and
       (C) report directly to the Secretary.
       (2) Compensation.--
       (A) In general.--The Under Secretary shall be compensated 
     at an annual rate of basic pay prescribed for level III of 
     the Executive Schedule under section 5314 of title 5, United 
     States Code.
       (B) Technical and conforming amendment.--Section 5314 of 
     title 5, United States Code, is amended by striking ``and 
     Under Secretary of Commerce for Travel and Tourism'' and 
     inserting ``Under Secretary of Commerce for Travel and 
     Tourism, and Under Secretary of Commerce for Minority 
     Business Development''.
       (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 
     the Office of Business Centers.
       (2) Director.--The Office of Business Centers shall be 
     administered by a Director, who shall be appointed by the 
     Under Secretary.
       (e) Offices of the Agency.--
       (1) In general.--In addition to the regional offices that 
     the Under Secretary is required to establish under paragraph 
     (2), the Under 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 
     Under Secretary shall establish a regional office of the 
     Agency for each of the regions of the United States, as 
     determined by the Under 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 other appropriate 
     Federal agencies that are located in that region; and
       (III) Federal, State, and local procurement offices that 
     are located in that region;

[[Page S3377]]

       (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 Under Secretary shall, whenever the Under 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;
       (C) financial, legal, and marketing services; and
       (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 Under Secretary shall, whenever the Under 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 Under Secretary--
       (1) shall--
       (A) collect and analyze data, including data relating to 
     the causes of the success or failure of minority business 
     enterprises;
       (B) conduct research, studies, and surveys of--
       (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
       (C) provide outreach, educational services, and technical 
     assistance in, at a minimum, the 5 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 perform an evaluation of programs carried out by 
     the Under Secretary that are designed to assist the 
     development of minority business enterprises.
       (b) Information Clearinghouse.--The Under 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 Under 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 Under Secretary under section 7101; and
       (3) under which the Under 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 Under 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 Under Secretary, 
     which may include--
       (i) referral services to meet the needs of minority 
     business enterprises; and
       (ii) 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.
       (c) Financial Assistance.--
       (1) In general.--The amount of financial assistance 
     provided by the Under 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 Under 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) by 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 Under Secretary shall--
       (1) establish criteria that--
       (A) the Under 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 or economically disadvantaged 
     individuals, as

[[Page S3378]]

     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 Under 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 
     Under Secretary an application that includes--
       (1) a statement of--
       (A) how the eligible entity will carry out subsection (a); 
     and
       (B) any experience or plans of the eligible entity with 
     respect to--
       (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 Under Secretary grants an 
     application of an eligible entity submitted under subsection 
     (e), the Under 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 Under 
     Secretary shall conduct a programmatic financial examination 
     of each Center.
       (2) Accreditation.--The Under 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 Under 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 Under Secretary extends 
     the term of an MBDA Business Center agreement under paragraph 
     (1), the Under 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 Under 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 Under 
     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, as appropriate; 
     and
       (B) other institutions or entities that use Federal 
     resources, such as--
       (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 Under 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 Under 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 Under 
     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.

 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 Under Secretary 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 Under 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).
       (c) Preparation of Statements and Reports.--
       (1) Requests.--The Under 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 
     Under Secretary to fulfill that request.
       (d) Transmittal of Proceedings and Findings.--The Under 
     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
       (C) the public, through a publicly available website.
       (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.

[[Page S3379]]

       (b) Study and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Under 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 Under Secretary shall, whenever the Under 
     Secretary determines such action is necessary or 
     appropriate--
       (1) promote the education and training of socially or 
     economically disadvantaged individuals in subjects directly 
     relating to business administration and management;
       (2) encourage institutions of higher education, leaders in 
     business and industry, and other public sector entities 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 or economically disadvantaged individuals; and
       (B) sponsor seminars, conferences, and similar activities 
     relating to business for the benefit of socially or 
     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 Under 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 and succession planning;
       (vii) marketing; and
       (viii) 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 Under 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 Under Secretary shall submit 
     to all applicable committees of Congress, and 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
       (C) the number of eligible entities that were recipients of 
     grants awarded under this section.

           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; and
       (B) the Committee on Financial Services of the House of 
     Representatives.
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) a part B institution; or
       (B) a consortium of institutions of higher education that 
     is led by a part B 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) Part b institution.--The term ``part B institution'' 
     has the meaning given the term in section 322 of the Higher 
     Education Act of 1965 (20 U.S.C. 1061).
       (6) Rural area.--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)).
       (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 Under Secretary may establish MBDA 
     Rural Business Centers.
       (b) Partnership.--
       (1) In general.--With respect to an MBDA Rural Business 
     Center established by the Under Secretary, the Under 
     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 Under Secretary, the Under 
     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 Under 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 Under 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 Under 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 Under Secretary 
     under subparagraph (A)(ii); or
       (ii) if the Under 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 Under 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 not less than 3 years.
       (4) Extension.--The Under 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.
       (c) Functions.--An MBDA Rural Business Center shall--
       (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 Under 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 Under 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;

[[Page S3380]]

       (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--
       (i) lacks an MBDA Business Center, as of the date of 
     enactment of this Act; or
       (ii) has a significant population of socially or 
     economically disadvantaged individuals.

     SEC. 7303. REPORT TO CONGRESS.

       Not later than 1 year after the date of enactment of this 
     Act, the Under Secretary shall submit to the appropriate 
     congressional committees a report that includes--
       (1) a summary of the efforts of the Under 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 Under 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 Under 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 of Office.--Not later than 180 days after 
     the date of enactment of this Act, the Under Secretary shall 
     establish within the Agency an office that has adequate 
     staffing to make and administer grants under this section.
       (d) Application.--A covered entity desiring a grant under 
     this section shall submit to the Under Secretary an 
     application at such time, in such manner, and containing such 
     information as the Under Secretary may require.
       (e) Priority.--The Under 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, growth, or retention of minority business 
     enterprises.
       (g) Procedures.--The Under 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;
       (C) covered entities with annual budgets below $1,000,000; 
     and
       (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 Under 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 Under Secretary establishes the office 
     described in subsection (c), and once every 30 days 
     thereafter, the Under 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;
       (B) if applicable, demographic information with respect to 
     the minority business enterprises served by the covered 
     entities to which the grants were made; and
       (C) information regarding the industries of the minority 
     business enterprises served by the covered entities to which 
     the grants were made.

        TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

     SEC. 7501. PURPOSE.

       The Under Secretary shall establish the Minority Business 
     Enterprises Advisory Council (referred to in this title as 
     the ``Council'') to advise and assist the Agency.

     SEC. 7502. COMPOSITION AND TERM.

       (a) Composition.--The Council shall be composed of 9 
     members of the private sector and 1 representative from each 
     of not fewer than 10 Federal agencies that support or 
     otherwise have duties that relate to business formation, 
     including duties relating to labor development, monetary 
     policy, national security, energy, agriculture, 
     transportation, and housing.
       (b) Chair.--The Under Secretary shall designate 1 of the 
     private sector members of the Council as the Chair of the 
     Council for a 1-year term.
       (c) Term.--The Council shall meet at the request of the 
     Under Secretary and members shall serve for a term of 2 
     years. Members of the Council may be reappointed.

     SEC. 7503. DUTIES.

       (a) In General.--The Council shall provide advice to the 
     Under Secretary by--
       (1) serving as a source of knowledge and information on 
     developments in areas of the economic and social life of the 
     United States that affect socially or economically 
     disadvantaged business concerns;
       (2) providing the Under Secretary with information 
     regarding plans, programs, and activities in the public and 
     private sectors that relate to socially or economically 
     disadvantaged business concerns; and
       (3) advising the Under Secretary regarding--
       (A) any measures to better achieve the objectives of this 
     division; and
       (B) problems and matters the Under Secretary refers to the 
     Council.
       (b) Capacity.--Members of the Council shall not be 
     compensated for service on the Council but may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in accordance with subchapter I of chapter 57 of title 5, 
     United States Code.
       (c) Termination.--Notwithstanding section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.), the Council shall 
     terminate on the date that is 5 years after the date of 
     enactment of this Act.

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

     SEC. 7601. GENERAL DUTIES.

       The Under Secretary may coordinate, as consistent with law, 
     the plans, programs, and operations of the Federal Government 
     that affect, or may contribute to, the establishment, 
     preservation, and strengthening of socially or economically 
     disadvantaged business concerns.

     SEC. 7602. PARTICIPATION OF FEDERAL DEPARTMENTS AND AGENCIES.

       The Under Secretary shall--
       (1) consult with other Federal departments and agencies as 
     appropriate to--
       (A) develop policies, comprehensive plans, and specific 
     program goals for the programs carried out under subtitle B 
     of title I and title III;
       (B) establish regular performance monitoring and reporting 
     systems to ensure that goals established by the Under 
     Secretary with respect to the implementation of this division 
     are being achieved; and
       (C) evaluate the impact of Federal support of socially or 
     economically disadvantaged business concerns in achieving the 
     objectives of this division;
       (2) conduct a coordinated review of all proposed Federal 
     training and technical assistance activities in direct 
     support of the programs carried out under subtitle B of title 
     I and title III to ensure consistency with program goals and 
     to avoid duplication; and
       (3) convene, for purposes of coordination, meetings of the 
     heads of such departments and agencies, or their designees, 
     the programs and activities of which may affect or contribute 
     to the carrying out of this division.

     TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

     SEC. 7701. ADMINISTRATIVE POWERS.

       (a) In General.--In carrying out this division, the Under 
     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 
     Under Secretary may determine to be necessary or appropriate 
     to carry out this division;
       (3) acquire, in any lawful manner, any property that the 
     Under Secretary determines to be necessary or appropriate to 
     carry out this division;
       (4) with the consent of another Federal agency, enter into 
     an agreement with that Federal agency to utilize, with or 
     without

[[Page S3381]]

     reimbursement, any service, equipment, personnel, or facility 
     of that Federal agency; and
       (5) coordinate with the heads of the Offices of Small and 
     Disadvantaged Business Utilization of Federal agencies.
       (b) Use of Property.--
       (1) In general.--Subject to paragraph (2), in carrying out 
     this division, the Under Secretary may, without cost (except 
     for costs of care and handling), allow any public sector 
     entity, or any recipient nonprofit organization, for the 
     purpose of the development of minority business enterprises, 
     to use any real or tangible personal property acquired by the 
     Agency in carrying out this division.
       (2) Terms, conditions, reservations, and restrictions.--The 
     Under Secretary may impose reasonable terms, conditions, 
     reservations, and restrictions upon the use of any property 
     under paragraph (1).

     SEC. 7702. FEDERAL ASSISTANCE.

       (a) In General.--
       (1) Provision of federal assistance.--To carry out sections 
     7101, 7102, and 7103(a), the Under 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 
     Under 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 Under Secretary to make 
     allocations under subparagraph (C).
       (3) Consultation.--The Under 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 Under 
     Secretary shall broadly publicize all opportunities for 
     Federal assistance available under this section, including 
     through the means required under section 7116.

     SEC. 7703. RECORDKEEPING.

       (a) In General.--Each recipient of assistance under this 
     division shall keep such records as the Under 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 Under 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 the Agency or an MBDA Business Center.

     SEC. 7704. 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. 7705. BIANNUAL REPORTS; RECOMMENDATIONS.

       (a) Biannual Report.--Not later than 1 year after the date 
     of enactment of this Act, and 90 days after the last day of 
     each odd-numbered year thereafter, the Under 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 period covered by the report.
       (b) Recommendations.--The Under Secretary shall 
     periodically submit to Congress and the President 
     recommendations for legislation or other actions that the 
     Under Secretary determines to be necessary or appropriate to 
     promote the purposes of this division.

     SEC. 7706. 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. 7707. 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. 7708. 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 Under Secretary of Commerce for Minority Business 
     Development.''.

     SEC. 7709. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Under 
     Secretary $100,000,000 for each of fiscal years 2021 through 
     2025 to carry out this division, of which--
       (1) a majority shall be used in each such fiscal year to 
     carry out the MBDA Business Center Program under subtitle B 
     of title I, including the component of that program relating 
     to specialty centers; and
       (2) $10,000,000 shall be used in each such fiscal year to 
     carry out title III.
                                 ______
                                 
  SA 1973. 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. ____. FINDINGS AND SENSE OF THE SENATE REGARDING AN 
                   INVESTIGATION TO DETERMINE THE ORIGINS OF 
                   COVID-19.

       (a) Findings.--Congress finds the following:
       (1) COVID-19 has taken the lives of over 3,000,000 
     individuals around the world.
       (2) Understanding the origins of the COVID-19 pandemic is 
     essential to addressing our vulnerabilities and preventing 
     future crises.
       (3) In May 2020, the World Health Assembly did not 
     authorize the type of comprehensive investigation into the 
     origins of COVID-19 that was required, and instead passed a 
     significantly limited compromise resolution, with Chinese 
     government support, which did not explicitly include in its 
     scope the possibility of a research-related accident.
       (4) The 2020 World Health Assembly resolution and its terms 
     of reference, which were negotiated privately between the 
     World Health Organization (in this section referred to as 
     ``WHO'') and Chinese authorities, handed the Chinese 
     government control over the joint-study process by giving the 
     Chinese government veto power over which international 
     experts were allowed to participate in the joint study and by 
     agreeing that most primary research would be carried out by 
     Chinese teams without ensuring broad access to primary data 
     by international experts.
       (5) As a result of these terms, the significant structural, 
     procedural, and analytical shortcomings of the joint study, 
     and the severe restrictions imposed by Chinese authorities, 
     the WHO-convened joint study into the origins of COVID-19 was 
     prevented from giving a balanced consideration of the 
     multiple theories of the origin of COVID-19.
       (6) Only 4 of the 313 pages of the joint-study team report 
     and its annexes addressed the possibility of a laboratory 
     accident, and no thorough examination of the lab incident 
     hypothesis was carried out by the joint-study team.
       (7) Some of the international experts on the joint-study 
     team stated that they lacked the means and resources to 
     properly investigate the research-related accident 
     hypothesis, and they were neither able nor meant to do such a 
     full investigation but instead were acting as a ``study 
     review group''.
       (8) WHO Director-General Dr. Tedros Adhanom Ghebreyesus 
     commented on March 30, 2021, the day the joint-study report 
     was released, ``I do not believe that [the joint-study 
     team's] assessment [of a possible lab incident] was extensive 
     enough. Further data and studies will be needed to reach more 
     robust conclusions . . . potentially with additional missions 
     involving specialist experts, which I am ready to deploy.''.

[[Page S3382]]

       (9) The WHO Director-General further commented, ``As far as 
     WHO is concerned all hypotheses remain on the table . . . We 
     have not yet found the source of the virus, and we must 
     continue to follow the science and leave no stone unturned as 
     we do . . . It is clear that we need more research across a 
     range of areas, which will entail further field visits.''.
       (10) The March 30, 2021 Joint Statement on the WHO-convened 
     COVID-19 Origins Study by the United States and 13 other 
     countries recognized the severe shortcomings of the joint-
     study process and called for ``a transparent and independent 
     analysis and evaluation, free from interference and undue 
     influence.''.
       (11) In spite of the devastation the COVID-19 pandemic has 
     caused in the United States and around the world, no process 
     currently exists to ensure a comprehensive investigation into 
     the origins of COVID-19.
       (12) Such an investigation is essential for ensuring this 
     type of crisis never happens again for the benefit of all 
     people, all nations, and future generations.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) a comprehensive scientific and forensic investigation 
     to determine the origins of COVID-19 must be conducted 
     immediately, with full and unrestricted access to all 
     relevant records, samples, and personnel, particularly in 
     China, and that such investigation must fully explore all 
     possible origins of the COVID-19 pandemic, including an 
     exclusively ``natural'' zoonosis in the wild, human 
     contamination in an animal farm, and a research-related 
     accident;
       (2) the United States delegation to the World Health 
     Assembly should do everything in its power, in concert with 
     allies and partners around the world, to ensure that a full 
     and unrestricted international scientific and forensic 
     investigation into the origins of COVID-19, with full access 
     to all relevant records, samples, and personnel in China, 
     will be authorized by the World Health Assembly and 
     implemented with extreme urgency; and
       (3) if the Chinese government does not, by the end of the 
     2021 World Health Assembly, indicate its full support for a 
     comprehensive investigation to determine the origins of 
     COVID-19 with unrestricted access to all relevant records, 
     samples, and personnel in China, then the United States 
     Government should immediately begin planning a parallel 
     comprehensive and data-driven investigation into the origins 
     of COVID-19, in concert with willing partner governments and 
     experts around the world.

                          ____________________