[Congressional Record Volume 167, Number 93 (Thursday, May 27, 2021)]
[Senate]
[Pages S3907-S3913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2091. Mr. BARRASSO (for himself, Ms. Murkowski, Ms. Lummis, Mr. 
Lankford, Mr. Cramer, Mrs. Hyde-Smith, and Mr. Hoeven) submitted an 
amendment intended to be proposed to amendment SA 1527 proposed by Ms. 
Cantwell to the 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 lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 2405. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS 
                   ABUSES IN SOURCING CRITICAL MINERALS.

       (a) In General.--The Secretary of State shall seek to 
     convene a meeting of foreign leaders to establish a 
     multilateral framework to end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the mining and sourcing of critical minerals.
       (b) Certification Scheme.--The Secretary shall seek to 
     ensure that the framework under subsection (a) includes a 
     certification scheme, comprised of--
       (1) minimum requirements for national legislation, 
     institutions, and import and export controls related to the 
     sourcing of critical minerals;
       (2) measures to enforce transparency in the exchange of 
     production, transportation, and end-use manufacturing data 
     related to critical minerals, including through the use of 
     blockchain technology, if feasible;
       (3) prohibitions on the purchase or trade in critical 
     minerals unless parties to the purchase or trade are 
     certified under and in compliance with the framework; and
       (4) measures to certify shipments as in compliance with the 
     framework, including requiring the provision of supporting 
     documentation.
       (c) Implementation Report.--The Secretary shall lead the 
     development of an annual global report on the implementation 
     of the framework under subsection (a), including progress and 
     recommendations to fully end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the extraction of critical minerals around the world.
       (d) Review of Conflict Minerals List.--The Secretary shall 
     review the list of conflict minerals under section 1502(e)(4) 
     of the Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203; 124 Stat. 228) to determine whether 
     certain critical minerals, such as cobalt, should be included 
     on the list.
       (e) Critical Mineral Defined.--In this section, the term 
     ``critical mineral'' has the meaning given the term in 
     section 7002(a) of the Energy Act of 2020 (division Z of 
     Public Law 116-260; 30 U.S.C. 1606(a)).
                                 ______
                                 
  SA 2092. Mr. BARRASSO (for himself, Ms. Murkowski, Ms. Lummis, Mr. 
Lankford, Mr. Cramer, Mrs. Hyde-Smith, and Mr. Hoeven) submitted an 
amendment intended to be proposed to amendment SA 1527 proposed by Ms. 
Cantwell to the 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 1 of the amendment, strike line 1 and insert the 
     following:

     SEC. __. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS 
                   ABUSES IN SOURCING CRITICAL MINERALS.

       (a) In General.--The Secretary of State shall seek to 
     convene a meeting of foreign leaders to establish a 
     multilateral framework to end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the mining and sourcing of critical minerals.
       (b) Certification Scheme.--The Secretary shall seek to 
     ensure that the framework under subsection (a) includes a 
     certification scheme, comprised of--
       (1) minimum requirements for national legislation, 
     institutions, and import and export controls related to the 
     sourcing of critical minerals;
       (2) measures to enforce transparency in the exchange of 
     production, transportation, and end-use manufacturing data 
     related to critical minerals, including through the use of 
     blockchain technology, if feasible;
       (3) prohibitions on the purchase or trade in critical 
     minerals unless parties to the purchase or trade are 
     certified under and in compliance with the framework; and
       (4) measures to certify shipments as in compliance with the 
     framework, including requiring the provision of supporting 
     documentation.
       (c) Implementation Report.--The Secretary shall lead the 
     development of an annual global report on the implementation 
     of the framework under subsection (a), including progress and 
     recommendations to fully end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the extraction of critical minerals around the world.
       (d) Review of Conflict Minerals List.--The Secretary shall 
     review the list of conflict minerals under section 1502(e)(4) 
     of the Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203; 124 Stat. 228) to determine whether 
     certain critical minerals, such as cobalt, should be included 
     on the list.
       (e) Critical Mineral Defined.--In this section, the term 
     ``critical mineral'' has the meaning given the term in 
     section 7002(a) of the Energy Act of 2020 (division Z of 
     Public Law 116-260; 30 U.S.C. 1606(a)).
                                 ______
                                 
  SA 2093. Mr. LEAHY (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. OWNERSHIP AND ASSIGNMENT OF PATENTS.

       (a) In General.--Section 261 of title 35, United States 
     Code, is amended--
       (1) by striking the first undesignated paragraph and 
     inserting the following:
       ``(a) In General.--
       ``(1) Attributes of personal property.--Subject to the 
     provisions of this title, patents shall have the attributes 
     of personal property.
       ``(2) Register of assignments and ownership.--The Patent 
     and Trademark Office shall maintain a publicly accessible 
     register of interests in patents and applications for patents 
     and shall record any document related thereto upon request, 
     and may require a fee therefor.
       ``(3) Requirement to record certain assignments.--
       ``(A) In general.--Whenever all substantial rights in a 
     patent are assigned to a person, including a legal or 
     governmental entity or a parent corporation--
       ``(i) the patentee shall, not later than 90 days after the 
     date of the assignment, submit a request described in 
     paragraph (2) with respect to the assignment; and
       ``(ii) the Patent and Trademark Office shall, upon 
     receiving the request submitted under clause (i), record the 
     assignment in the register described in paragraph (2).
       ``(B) Effect of failure to comply.--No party may recover, 
     for infringement of the patent in any litigation, increased 
     monetary damages under section 284 for the period that such 
     assignment was not properly requested to be recorded under 
     subparagraph (A)(i).
       ``(C) Rules.--The Director may prescribe rules to implement 
     this paragraph, including rules for the proper recording of 
     the assignments of patents.'';
       (2) in the first undesignated paragraph following 
     subsection (a), as so designated by paragraph (1) of this 
     subsection, by striking ``Applications'' and inserting the 
     following:
       ``(b) Applications.--Applications'';
       (3) in the first undesignated paragraph following 
     subsection (b), as so designated by paragraph (2) of this 
     subsection, by striking ``A certificate'' and inserting the 
     following:
       ``(c) Certificate of Acknowledgment.--A certificate''; and
       (4) in the undesignated paragraph following subsection (c), 
     as so designated by paragraph (3) of this subsection, by 
     striking ``An interest'' and inserting the following:
       ``(d) Effect of Assignment.--An interest''.
       (b) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall--
       (1) take effect on the date that is 1 year after the date 
     of enactment of this Act; and
       (2) apply with respect to any assignment that occurs on or 
     after the effective date described in paragraph (1).
                                 ______
                                 
  SA 2094. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 1525 submitted by

[[Page S3908]]

Mr. Barrasso and intended to be proposed to the 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 lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 3219L. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD 
                   STREAM 2.

       (a) In General.--Not later than 15 days after the date of 
     the enactment of this Act, the President shall--
       (1) impose sanctions under subsection (b) with respect to--
       (A) Nord Stream 2 AG or a successor entity;
       (B) Matthias Warnig; and
       (C) any other corporate officer of or principal shareholder 
     with a controlling interest in Nord Stream 2 AG or a 
     successor entity; and
       (2) impose sanctions under subsection (c) with respect to--
       (A) Nord Stream 2 AG or a successor entity; and
       (B) Matthias Warnig.
       (b) Ineligibility for Visas, Admission, or Parole of 
     Identified Persons and Corporate Officers.--
       (1) In general.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a)(1) 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.--The visa or other entry documentation of 
     an alien described in subsection (a)(1) shall be revoked, 
     regardless of when such 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.

       (c) Blocking of Property of Identified Persons.--The 
     President shall exercise 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 
     a person described in subsection (a)(2) 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.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided to the President 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 this 
     section or any regulation, license, or order issued to carry 
     out this section 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) Exceptions.--
       (1) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under this section shall not apply with 
     respect to the admission of an alien to the United States if 
     the admission of the alien is necessary to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, the 
     Convention on Consular Relations, done at Vienna April 24, 
     1963, and entered into force March 19, 1967, or other 
     applicable international obligations.
       (3) Exception relating to importation of goods.--
       (A) In general.--Notwithstanding any other provision of 
     this section, the authorities and requirements 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 man-made substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (f) Sunset.--The authority to impose sanctions under this 
     section shall terminate on the date that is 5 years after the 
     date of the enactment of this Act.
       (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) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (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 within the United States.
                                 ______
                                 
  SA 2095. Ms. COLLINS (for herself and Mr. Manchin) submitted an 
amendment intended to be proposed by her to the bill H.R. 3233, to 
establish the National Commission to Investigate the January 6 Attack 
on the United States Capitol Complex, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 14, strike line 10 and all that follows through 
     line 13 on page 15 and insert the following:

     SEC. 7. STAFF OF COMMISSION.

       (a) Appointment.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Chairperson and Vice-Chairperson, in accordance with 
     the rules agreed upon by the Commission, shall jointly 
     appoint and fix the compensation of a Staff Director and such 
     other personnel as may be necessary to enable the Commission 
     to carry out its purposes and functions, without regard to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this subsection may exceed the equivalent of that payable for 
     a position at level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--For purposes of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1301 et seq.)--
       (i) the Commission shall be considered an employing office; 
     and
       (ii) the personnel of the Commission shall be considered 
     covered employees.
       (B) Members of commission.--Subparagraph (A) shall not 
     apply to members of the Commission.
       (3) Authorization of separate staff.--
       (A) In general.--In the event the Chairperson and Vice-
     Chairperson do not jointly appoint and fix the compensation 
     of staff pursuant to paragraph (1) by the date that is 10 
     days after the initial meeting of the Commission under 
     section 5(b)(3), the Chairperson and Vice-Chairperson are 
     authorized to appoint and fix the compensation of separate 
     staff with any funds provided to carry out paragraph (1), 
     allocated equally between the Chairperson and Vice-
     Chairperson.
       (B) Allocation.--If separate staff are appointed pursuant 
     to subparagraph (A)--
       (i) funding for experts and consultants procured in 
     accordance with subsection (b) shall be allocated equally 
     between the Chairperson and Vice-Chairperson; and
       (ii) personnel detailed in accordance with subsection (c) 
     shall be detailed in equal numbers to the Chairperson and the 
     Vice-Chairperson.
       On page 17, line 13, strike ``60-day'' and insert ``30-
     day''.
       On page 17, line 17, strike ``60-day'' and insert ``30-
     day''.
                                 ______
                                 
  SA 2096. Ms. ROSEN 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. ____. 5G SECURE COMMUNICATIONS FUND.

       (a) Definitions.--In this section--
       (1) the term ``eligible company'' means a United States-
     headquartered company that demonstrates a likelihood of being 
     able to use a grant awarded under subsection (b) to achieve 
     the goal described in subsection (c);
       (2) the term ``end-to-end solution'' means the components 
     and software necessary to deploy a complete, integrated 
     wireless communications network, including the core, radio 
     access network, and interoperable equipment interfaces;
       (3) the term ``Open RAN'' means open, interface standards-
     based compatible, interoperable radio access network 
     architectures, such as equipment and software developed 
     pursuant to the standards set forth by organizations such as 
     the O-RAN Alliance, the Telecom Infra Project, the Third 
     Generation Partnership Project (commonly known as

[[Page S3909]]

     ``3GPP''), the Open-RAN Software Community, or any successor 
     organizations;
       (4) the term ``Secretary'' means the Secretary of Commerce; 
     and
       (5) the term ``United States-headquartered company'' means 
     a company or other business entity that, as determined by the 
     Secretary--
       (A) conducts a significant level of its research, 
     development, engineering, manufacturing, integration, 
     services, and information technology activities in the United 
     States; and
       (B) is a company or other business entity the majority 
     ownership or control of which is by United States citizens.
       (b) Grant Program.--The Secretary, acting through the 
     Assistant Secretary of Commerce for Communications and 
     Information, and in consultation with the Federal 
     Communications Commission, shall carry out a grant program to 
     achieve the goal described in subsection (c).
       (c) Goal.--A grant awarded under subsection (b) shall be 
     designed to accelerate the development and deployment by an 
     eligible company of secure, end-to-end solutions for wireless 
     communications utilizing Open RAN technologies in order to 
     enhance the safety and security of the telecommunications 
     architecture of the United States.
       (d) Maximum Grant Amount.--The amount of a grant awarded to 
     an eligible company under subsection (b) may not exceed 
     $100,000,000 per year.
       (e) Relation to Public Wireless Supply Chain Innovation 
     Fund.--The grant program carried out under subsection (b) 
     shall be separate from the Public Wireless Supply Chain 
     Innovation Fund established under section 9202(a)(1) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283) and the amounts 
     appropriated for that Fund under section 1003 of this Act.
                                 ______
                                 
  SA 2097. Mr. MERKLEY (for himself, Mr. Rubio, Mr. Romney, and Mr. 
Young) submitted an amendment intended to be proposed to amendment SA 
1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new 
Directorate for Technology and Innovation in the National Science 
Foundation, to establish a regional technology hub program, to require 
a strategy and report on economic security, science, research, 
innovation, manufacturing, and job creation, to establish a critical 
supply chain resiliency program, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3314. SENSE OF CONGRESS ON THE SELECTION OF HOST CITIES 
                   FOR THE OLYMPIC GAMES.

       It is the sense of Congress that--
       (1) the International Olympic Committee should never 
     entertain a proposal to host the Olympic Games from a nation 
     that engages in genocide, crimes against humanity, or serious 
     violations of internationally recognized human rights; and
     (2) if the International Olympic Committee awards the honor 
     of hosting the Olympic Games to a nation after the date of 
     enactment of this Act and that nation subsequently engages in 
     genocide, crimes against humanity, or serious violations of 
     internationally recognized human rights, the International 
     Olympic Committee should meet and reassign the honor of 
     hosting the Olympic Games to another nation.
                                 ______
                                 
  SA 2098. Mr. KING 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. PRIORITIZATION AND PROTECTION OF INTERNATIONAL 
                   RESEARCH.

       (a) List of Allied Countries.--The Secretary of State, in 
     consultation with the Director of the Office of Science and 
     Technology Policy, the National Security Council, the 
     Secretary of Energy, the Director of the National Science 
     Foundation and the heads of other relevant agencies, shall 
     create a list of allied countries with which joint 
     international research and cooperation would advance United 
     States national interests and advance scientific knowledge in 
     key technology focus areas.
       (b) Establishment of Security Procedures.--The Secretary of 
     State, in consultation with the individuals and entities 
     listed in subsection (a), shall collaborate with similar 
     entities in the countries appearing on the list created 
     pursuant to subsection (a) to develop, coordinate, and agree 
     to general security policies and procedures, for 
     governmental, academic, and private sector research, to 
     prevent sensitive research from being disclosed to 
     adversaries.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the individuals and entities listed in 
     subsection (a), and allied countries appearing on the list 
     created pursuant to subsection (a), shall submit a report to 
     Congress that identifies the most promising international 
     research ventures that leverage resources and advance 
     research in key technology focus areas.
                                 ______
                                 
  SA 2099. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 1861 submitted by Mr. Hoeven and intended to be 
proposed to the 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 1, line 3, strike ``storage,'' and insert 
     ``storage, advanced fossil (hydrocarbon) energy,''.
                                 ______
                                 
  SA 2100. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 1861 submitted by Mr. Hoeven and intended to be 
proposed to the 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 1, line 3, strike ``storage,'' and insert 
     ``storage, advanced hydrocarbon energy,''.
                                 ______
                                 
  SA 2101. Mr. BARRASSO (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 3314. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN RIGHTS 
                   ABUSES IN SOURCING CRITICAL MINERALS.

       (a) In General.--The Secretary of State shall seek to 
     convene a meeting of foreign leaders to establish a 
     multilateral framework to end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the mining and sourcing of critical minerals.
       (b) Certification Scheme.--The Secretary shall seek to 
     ensure that the framework under subsection (a) includes a 
     certification scheme, comprised of--
       (1) minimum requirements for national legislation, 
     institutions, and import and export controls related to the 
     sourcing of critical minerals;
       (2) measures to enforce transparency in the exchange of 
     production, transportation, and end-use manufacturing data 
     related to critical minerals, including through the use of 
     blockchain technology, if feasible;
       (3) prohibitions on the purchase or trade in critical 
     minerals unless parties to the purchase or trade are 
     certified under and in compliance with the framework; and
       (4) measures to certify shipments as in compliance with the 
     framework, including requiring the provision of supporting 
     documentation.
       (c) Implementation Report.--The Secretary shall lead the 
     development of an annual global report on the implementation 
     of the framework under subsection (a), including progress and 
     recommendations to fully end human rights abuses, including 
     the exploitation of forced labor and child labor, related to 
     the extraction of critical minerals around the world.
       (d) Extractive Industries Transparency Initiative and 
     Certain Provisions of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act.--Nothing in this section shall--
       (1) affect the authority of the President to take any 
     action to join and subsequently comply with the terms and 
     obligations of the Extractive Industries Transparency 
     Initiative (EITI); or
       (2) affect section 1502 of the Dodd-Frank Wall Street 
     Reform and Consumer Protection Act (15 U.S.C. 78m note), or 
     subsection (q) of section 13 of the Securities Exchange Act 
     of 1934 (15 U.S.C. 78m), as added by section 1504 of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act 
     (Public

[[Page S3910]]

     Law 111-203; 124 Stat. 2220), or any rule prescribed under 
     either such section.
       (e) Critical Mineral Defined.--In this section, the term 
     ``critical mineral'' has the meaning given the term in 
     section 7002(a) of the Energy Act of 2020 (division Z of 
     Public Law 116-260; 30 U.S.C. 1606(a)).
                                 ______
                                 
  SA 2102. Mr. KENNEDY 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. ___. TRADING PROHIBITION FOR NON-INSPECTION YEAR.

       Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 
     7214(i)) is amended--
       (1) in paragraph (2)(A)(ii), by striking ``the foreign 
     jurisdiction described in clause (i)'' and inserting ``a 
     foreign jurisdiction''; and
       (2) in paragraph (3)--
       (A) in the paragraph heading, by striking ``3 years of non-
     inspections'' and inserting ``non-inspection year''; and
       (B) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``3 consecutive non-inspection years'' and 
     inserting ``a non-inspection year''.
                                 ______
                                 
  SA 2103. Mr. MERKLEY (for himself, Mr. Rubio, Mr. Romney, and Mr. 
Young) submitted an amendment intended to be proposed to amendment SA 
1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new 
Directorate for Technology and Innovation in the National Science 
Foundation, to establish a regional technology hub program, to require 
a strategy and report on economic security, science, research, 
innovation, manufacturing, and job creation, to establish a critical 
supply chain resiliency program, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3314. SENSE OF CONGRESS ON SELECTION OF HOST CITIES FOR 
                   THE OLYMPIC GAMES.

       It is the sense of Congress that--
       (1) the International Olympic Committee should never 
     entertain a proposal to host the Olympic Games from a country 
     that engages in genocide, crimes against humanity, or serious 
     violations of internationally recognized human rights; and
       (2) if, after the date of the enactment of this Act, the 
     International Olympic Committee awards the honor of hosting 
     the Olympic Games to a country that subsequently engages in 
     genocide, crimes against humanity, or serious violations of 
     internationally recognized human rights, the International 
     Olympic Committee should meet and reassign such honor to 
     another country.
                                 ______
                                 
  SA 2104. Ms. WARREN 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 FROM THE PEOPLE'S 
                   REPUBLIC OF CHINA IN PHARMACEUTICAL INDUSTRY.

       (a) In General.--Not later than 4 years after the date of 
     the enactment of this Act, the Federal Trade Commission and 
     the Commissioner of Food and Drugs, in consultation with the 
     Secretary of Commerce, shall submit to the appropriate 
     congressional committees, the Secretary of Health and Human 
     Services, and the Committee on Foreign Investment in the 
     United States a report on foreign investment from the 
     People's Republic of China 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 
     manufacturing in the People's Republic of China within that 
     industry;
       (2) the effect of foreign investment from the People's 
     Republic of China in the pharmaceutical industry of the 
     United States on domestic capacity to produce drugs and 
     active and inactive ingredients of drugs;
       (3) the effect of foreign investment from the People's 
     Republic of China 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; and
       (4) the value and feasibility of providing additional 
     reports every 4 years to Congress on the matters described in 
     paragraphs (1), (2), and (3), for the purposes of 
     strengthening the domestic capacity of the United States to 
     produce drugs and active and inactive ingredients of drugs.
       (c) Preventing Duplication.--The Federal Trade Commission, 
     the Commissioner of Food and Drugs, and the Secretary of 
     Commerce shall consult with other Federal agencies to prevent 
     the duplication of reporting on the domestic drug supply 
     chain in the development of the report required by subsection 
     (a).
       (d) 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).
       (e) 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.
       (f) 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 2105. Mr. OSSOFF 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. ENHANCING CYBERSECURITY EDUCATION.

       (b) Cybersecurity Education Grant Program.--
       (1) Authorization.--The Director shall--
       (A) award grants to assist Historically Black Colleges and 
     Universities, minority-serving institutions, and institutions 
     of higher education that have an enrollment of needy students 
     (as defined in section 312(d) of the Higher Education Act of 
     1965 (20 U.S.C. 1058(d))) to establish or expand 
     cybersecurity programs, to build and upgrade institutional 
     capacity to better support new or existing cybersecurity 
     programs, including cybersecurity partnerships with public 
     and private entities, and to support such institutions on the 
     path to producing qualified entrants in the cybersecurity 
     workforce or becoming a National Center of Academic 
     Excellence in Cybersecurity through the program carried out 
     by the National Security Agency and the Department of 
     Homeland Security; and
       (B) award grants for a 5-year pilot period to build 
     capacity to eligible Historically Black Colleges and 
     Universities, minority-serving institutions, and public 
     institutions of higher education that have an enrollment of 
     needy students (as defined in section 312(d) of the Higher 
     Education Act of 1965 (20 U.S.C. 1058(d))) to expand 
     cybersecurity education opportunities, cybersecurity 
     technology and programs, cybersecurity research, and 
     cybersecurity partnerships with public and private entities.
       (2) Applications.--An eligible institution seeking a grant 
     under paragraph (1) shall submit an application to the 
     Director at such time, in such manner, and containing such 
     information as the Director may reasonably require, including 
     a statement of how the institution will use the funds awarded 
     through the grant to expand cybersecurity education 
     opportunities at the eligible institution.
       (3) Activities.--An eligible institution that receives a 
     grant under this section may use the funds awarded through 
     such grant for increasing research, education, technical, 
     partnership, and innovation capacity, including for--
       (A) building and upgrading institutional capacity to better 
     support new or existing cybersecurity programs, including 
     cybersecurity partnerships with public and private entities; 
     and
       (B) building and upgrading institutional capacity to 
     provide hands-on research and training experiences for 
     undergraduate and graduate students.

[[Page S3911]]

  

                                 ______
                                 
  SA 2106. Mr. RUBIO (for himself, Mr. Cardin, and Mr. Barrasso) 
submitted an amendment intended to be proposed to amendment SA 1502 
proposed by Mr. Schumer to the bill S. 1260, to establish a new 
Directorate for Technology and Innovation in the National Science 
Foundation, to establish a regional technology hub program, to require 
a strategy and report on economic security, science, research, 
innovation, manufacturing, and job creation, to establish a critical 
supply chain resiliency program, and for other purposes; which was 
ordered to lie on the table; as follows:

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

      Subtitle C--South China Sea and East China Sea Sanctions Act

     SEC. 5221. SHORT TITLE.

       This subtitle may be cited as the ``South China Sea and 
     East China Sea Sanctions Act of 2021''.

     SEC. 5222. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 120 days after the date of the enactment of this Act, 
     the President may impose the sanctions described in 
     subsection (b) with respect to any Chinese person, including 
     any senior official of the Government of the People's 
     Republic of China, that the President determines--
       (1) is responsible for or significantly contributes to 
     large-scale reclamation, construction, militarization, or 
     ongoing supply of outposts in disputed areas of the South 
     China Sea;
       (2) is responsible for or significantly contributes to, or 
     has engaged in, directly or indirectly, actions, including 
     the use of coercion, to inhibit another country from 
     protecting its sovereign rights to access offshore resources 
     in the South China Sea, including in such country's exclusive 
     economic zone, consistent with such country's rights and 
     obligations under international law;
       (3) is responsible for or complicit in, or has engaged in, 
     directly or indirectly, actions that significantly threaten 
     the peace, security, or stability of disputed areas of the 
     South China Sea or areas of the East China Sea administered 
     by Japan or the Republic of Korea, including through the use 
     of vessels and aircraft by the People's Republic of China to 
     occupy or conduct extensive research or drilling activity in 
     those areas;
       (4) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to, or in support of, any person subject to 
     sanctions pursuant to paragraphs (1), (2), or (3); or
       (5) is owned or controlled by, or has acted for or on 
     behalf of, directly or indirectly, any person subject to 
     sanctions pursuant to paragraph (1), (2), or (3).
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a person described in subsection (a) are the 
     following:
       (1) Blocking of property.--The President may, in accordance 
     with the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.), block and prohibit all transactions in 
     all property and interests in property of the person if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--In the case of an alien, 
     the alien may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subparagraph (A) may 
     be subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) may--

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

       (3) Exclusion of corporate officers.--The President may 
     direct the Secretary of State to deny a visa to, and the 
     Secretary of Homeland Security to exclude from the United 
     States, any alien that the President determines is a 
     corporate officer or principal of, or a shareholder with a 
     controlling interest in, the person.
       (4) Export sanction.--The President may order the United 
     States Government not to issue any specific license and not 
     to grant any other specific permission or authority to export 
     any goods or technology to the person under--
       (A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.); or
       (B) any other statute that requires the prior review and 
     approval of the United States Government as a condition for 
     the export or reexport of goods or services.
       (5) Inclusion on entity list.--The President may include 
     the entity on the entity list maintained by the Bureau of 
     Industry and Security of the Department of Commerce and set 
     forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (6) Ban on investment in equity or debt of sanctioned 
     person.--The President may, pursuant to such regulations or 
     guidelines as the President may prescribe, prohibit any 
     United States person from investing in or purchasing equity 
     or debt instruments of the person.
       (7) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the person.
       (8) Correspondent and payable-through accounts.--In the 
     case of a foreign financial institution, the President may 
     prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by the 
     foreign financial institution.
       (c) Exceptions.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (3) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission of an alien to the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success, June 26, 1947, and entered into 
     force, November 21, 1947, between the United Nations and the 
     United States.
       (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 and 
     test equipment, and excluding technical data.
       (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.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (e) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (4) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (6) Person.--The term ``person'' means any individual or 
     entity.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

[[Page S3912]]

  


     SEC. 5223. PROHIBITION AGAINST DOCUMENTS PORTRAYING THE SOUTH 
                   CHINA SEA OR THE EAST CHINA SEA AS PART OF 
                   CHINA.

       The Government Publishing Office should not publish any 
     map, document, record, electronic resource, or other paper of 
     the United States (other than materials relating to hearings 
     held by committees of Congress or internal work product of a 
     Federal agency) portraying or otherwise indicating that it is 
     the position of the United States that the territory or 
     airspace in the South China Sea that is disputed among two or 
     more parties or the territory or airspace of areas 
     administered by Japan or the Republic of Korea, including in 
     the East China Sea, is part of the territory or airspace of 
     the People's Republic of China.

     SEC. 5224. AUTHORIZATION TO PROHIBIT CERTAIN ASSISTANCE TO 
                   COUNTRIES THAT RECOGNIZE CHINESE SOVEREIGNTY 
                   OVER THE SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) Prohibition.--Except as provided by subsection (c) or 
     (d), no amounts should be obligated or expended to provide 
     foreign assistance to the government of any country 
     identified in a report required by subsection (b) during the 
     3-year period beginning on the date of the enactment of this 
     Act.
       (b) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date that is 3 years after such date of enactment, the 
     Secretary of State shall submit to the appropriate committees 
     of Congress a report identifying each country that the 
     Secretary determines has taken an official and stated 
     position to recognize, after such date of enactment, the 
     sovereignty of the People's Republic of China over territory 
     or airspace disputed by one or more countries in the South 
     China Sea or the territory or airspace of areas of the East 
     China Sea administered by Japan or the Republic of Korea.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     paragraph (1) on a publicly available website of the 
     Department of State.
       (c) Exception.--This section shall not apply with respect 
     to--
       (1) Taiwan;
       (2) counterterrorism, counter-narcotics, or law enforcement 
     activities; or
       (3) global health, democracy, cybersecurity, humanitarian, 
     disaster, or emergency food assistance.
       (d) Waiver.--The President may waive the application of 
     subsection (a) with respect to the government of a country if 
     the President determines that the waiver is in the national 
     interests of the United States.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 2107. 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.'' 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

[[Page S3913]]

       ``(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''.

                          ____________________