[Congressional Record Volume 168, Number 74 (Wednesday, May 4, 2022)]
[Daily Digest]
[Pages D464-D467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                                             Wednesday, May 4, 2022

[[Page D464]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S2293-S2341
Measures Introduced: Fourteen bills were introduced, as follows: S. 
4133-4146.                                                   
  Page S2339
House Messages:
America Competes Act--Motions To Instruct Conferees: Senate resumed 
consideration of the House message to accompany H.R. 4521, to provide 
for a coordinated Federal research initiative to ensure continued 
United States leadership in engineering biology, taking action on the 
following motions to instruct conferees on the part of the Senate on 
the disagreeing votes of the two Houses on the bill to be instructed to 
insist on the inclusion in the final conference report the following 
motions proposed thereto:                                
  Pages S2312-26
Adopted:
  Paul Motion to Instruct Conferees to insist that the final conference 
report include the provisions contained in section 6107 of the Senate 
amendment (relating to prohibiting funds made available to any Federal 
agency from being used for gain-of-function research conducted in 
China).                                                      
Page S2312
  By 53 yeas to 44 nays (Vote No. 148), Barrasso Motion to Instruct 
Conferees to insist that the final conference report include provisions 
that require immediate development of a 2022-2027 Federal oil and gas 
leasing program on the outer Continental Shelf, which shall be 
finalized not later than June 30, 2022, and which shall provide for a 
minimum of 10 region-wide oil and gas lease sales in the Gulf of Mexico 
and Alaska Regions of the outer Continental Shelf, with a minimum of 2 
oil and gas lease sales per calendar year, not fewer than 1 of which 
shall be in the Gulf of Mexico Region each calendar year. 
                                                         Pages S2312-13
  By 86 yeas to 12 nays (Vote No. 149), Cruz Motion to Instruct 
Conferees to insist that the final conference report include section 
3258 of the Senate amendment, which requires a report identifying 
``major areas of diplomatic, energy, infrastructure, banking, 
financial, economic, military, and space cooperation . . . between the 
People's Republic of China and the Islamic Republic of Iran'', 
regarding the policy of the United States to limit such cooperation 
through terrorism-related sanctions imposed on the Central Bank of Iran 
and the Islamic Revolutionary Guard Corps, as such sanctions are 
necessary to limit such cooperation.                     
Pages S2313-14
  Menendez Motion to Instruct Conferees to insist upon the provisions 
contained in section 73003 of the Senate amendment (relating to 
establishment of an Inspector General of the Office of the United 
States Trade Representative).                                
Page S2314
  Risch Motion to Instruct Conferees to insist that the final 
conference report include provisions that take actionable steps to 
address the risks of and counter malign or undue influence and 
activities in the United States and abroad by the Chinese Communist 
Party, the Government of the People's Republic of China, or individuals 
or entities acting on their behalf.                          
Page S2314
  Kelly Motion to Instruct Conferees to insist that the final 
conference report include incentives to support investments in 
semiconductor manufacturing and innovation in the United States, 
including investments in the fabrication, assembly, testing, advanced 
packaging, and research and development of semiconductors.   
Page S2314
  Blackburn Motion to Instruct Conferees to insist that the final 
conference report include a provision that requires the Director of the 
Office of Management and Budget, in consultation with the Administrator 
of General Services, the Director of the National Institute of 
Standards and Technology, the Director of the Cybersecurity and 
Infrastructure Security Agency, the Director of National Intelligence, 
the Secretary of Defense, the Secretary of State, the Secretary of the 
Treasury, and the Chairman of the Board of Governors of the Federal 
Reserve System, and consistent with information security requirements 
designed to address any national security risks, to develop guidance 
for executive agencies requiring adequate security measures for any 
transfer, storage, or use of digital yuan on information technology. 
                                                             Page S2315
  By 50 yeas to 44 nays (Vote No. 151), Cotton Motion to Instruct 
Conferees to insist upon rejecting the authorization of appropriations 
for contributions to the Green Climate Fund under section 30609(b)

[[Page D465]]

of the text of the bill as engrossed by the House of Representatives 
and insisting upon including an authorization of appropriations of 
$8,000,000,000 within section 2118 of division A of the Senate 
amendment (relating to funding for the Defense Advanced Research 
Projects Agency) for Department of Defense research, development, 
production, and procurement of weapon systems needed to compete with 
China.                                                   
Pages S2315-16
  Murkowski Motion to Instruct Conferees to insist that the final 
conference report include the text of S. 140, 117th Congress, as 
reported to the Senate on December 17, 2021.                 
Page S2316
  Sullivan Motion to Instruct Conferees to insist that the final 
conference report include provisions that prohibit a renewable energy 
project receiving Federal financial assistance, a subsidy, or any other 
financing mechanism authorized under the final conference report, such 
as a grant or tax credit, from purchasing materials, technology, or 
critical minerals mined, produced, processed, or refined in the 
People's Republic of China or the Russian Federation.    
Pages S2316-17
  Rubio Motion to Instruct Conferees to insist that the final 
conference report include a Federal Government-based 
counterintelligence review to certify recipients of grants, funding, 
awards, or other resources provided, and intellectual property 
developed, as a result of the conference report, have national security 
protections in place to prohibit misappropriation and theft of Federal 
resources.                                                   
Page S2317
  By 59 yeas to 33 nays (Vote No. 152), Johnson Motion to Instruct 
Conferees to reject any proposals to prohibit the possession, 
acquirement, receipt, transportation, sale, or purchase of mink raised 
in captivity in the United States for fur production.    
Pages S2317-18
  Daines Motion to Instruct Conferees to reject provisions that weaken 
the energy security of the United States, prohibit the development of 
an all-of-the-above energy portfolio, or direct funds to foreign 
entities for international climate objectives.               
Page S2319
  By 90 yeas to 5 nays (Vote No. 154), Hassan Motion to Instruct 
Conferees to insist that the final conference report include provisions 
that expand the research and development tax credit for small 
businesses and preserve full and immediate expensing for research and 
development investments.                                 
Pages S2319-20
  Scott (FL) Motion to Instruct Conferees to insist that the final 
conference report include provisions that ensure that any taxpayer 
funds spent in the bill, including those provided to universities and 
private sector corporations, are subject to comprehensive return on 
investment analyses and claw back provisions, and corresponding timely 
reports on the use of such funds to Congress and the American public. 
                                                             Page S2320
  Ernst Motion to Instruct Conferees to reject the provision as agreed 
to by the House of Representatives that would reauthorize the Small 
Business Innovation Research and Small Business Technology Transfer 
programs under section 9 of the Small Business Act (15 U.S.C. 638) 
without authorization to prevent the Russian Federation and the 
People's Republic of China from acquiring technology critical to 
national security developed through programs of the Small Business 
Administration and participating Federal agencies.       
Pages S2320-21
  By 62 yeas to 33 nays (Vote No. 155), Lankford Motion to Instruct 
Conferees to insist that the final conference report include provisions 
requiring that any agreement negotiated by the United States with the 
Islamic Republic of Iran addressing Iran's development of nuclear 
weapons--(1) also includes provisions addressing the full range of 
Iran's destabilizing activities, including development of the means of 
delivery for such weapons (such as ballistic missiles), support for 
terrorism, and evasion of sanctions by individuals, entities, and 
vessels in the trade of petroleum products with the People's Republic 
of China; (2) does not lift sanctions on the Islamic Revolutionary 
Guard Corps; and (3) does not revoke the designation of the Islamic 
Revolutionary Guard Corps as a foreign terrorist organization under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). 
(Pursuant to the order of Wednesday, April 27, 2022, the amendment 
having achieved 60 affirmative votes, was agreed to.)        
Page S2321
  Cassidy Motion to Instruct Conferees to insist that the final 
conference report include provisions that require the President to 
directly address troubling developments in Mexico's energy sector that 
intentionally cause harm to United States jobs and economic interests, 
business and investor interests, and climate goals through the use of 
consultations under the USMCA (as defined in section 3 of the United 
States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502)). 
                                                             Page S2323
  Warnock Motion to Instruct Conferees to insist that the final 
conference report include provisions that fully fund programs to build 
institutional research capacity at historically Black colleges or 
universities that are developing research institutions.      
Page S2323
  By 49 yeas to 47 nays (Vote No. 157), Capito Motion to Instruct 
Conferees to insist that the final conference report include provisions 
that--(1) emphasize that, under current law, the President may not--(A) 
declare, on the basis of climate change--

[[Page D466]]

(i) a national emergency under the National Emergencies Act (50 U.S.C. 
1601 et seq.); (ii) an emergency or major disaster under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.); or (iii) a public health emergency under section 319 of the 
Public Health Service Act (42 U.S.C. 247d); or (B) invoke, on the basis 
of climate change, the authorities of the Defense Production Act of 
1950 (50 U.S.C. 4501 et seq.); and (2) provide that nothing in H.R. 
4521 grants the President the authority to make a declaration or 
invocation described in paragraph (1).                   
Pages S2323-24
  By 53 yeas to 43 nays (Vote No. 158), Toomey Motion to Instruct 
Conferees to insist upon the provisions contained in section 73001 of 
the Senate amendment (relating to establishing a process for exclusion 
of articles from duties under section 301 of the Trade Act of 1974). 
                                                         Pages S2324-25
  Lujan Motion to Instruct Conferees to insist on provisions supporting 
the work of the Department of Energy, user facilities of the Department 
of Energy, and National Laboratories, including work in 
microelectronics and across the key technology focus areas (as defined 
in section 2002 of the amendment).                           
Page S2325
Rejected:
  By 48 yeas to 49 nays (Vote No. 150), Lee Motion to Instruct 
Conferees to insist that the final conference report not include the 
provisions contained in the following sections of the bill (as passed 
by the House of Representatives): (1) Section 30609 (relating to 
building United States economic growth and technological innovation 
through the Green Climate Fund). (2) Section 30607 (relating to 
addressing international climate change mitigation, adaptation, and 
security). (3) Section 30601(b)(7)(E) (relating to the sense of 
Congress on implementing the Paris Agreement). (4) Section 30610 
(relating to ensuring a whole-of-government response to climate 
action).                                                 
Pages S2314-15
  By 6 yeas to 87 nays (Vote No. 153), Sanders Motion to Instruct 
Conferees to insist that the final conference report include provisions 
that require each beneficiary of Federal financial assistance for 
semiconductor manufacturing to be banned from purchasing the stock of 
the beneficiary, from outsourcing employment opportunities of the 
beneficiary to any country outside of the United States, and from 
repealing any collective bargaining requirements of the beneficiary, 
and that require each such beneficiary to issue warrants and equity 
stakes in the enterprise of the beneficiary to the Federal Government 
and to remain neutral in any union organizing effort of the employees 
of the beneficiary.                                      
Pages S2318-19
  By 17 yeas to 78 nays (Vote No. 156), Sanders Motion to Instruct 
Conferees to recede from the provision contained in section 2614(c) of 
the Senate amendment (relating to contract redundancy and funding for 
the human landing system program of the National Aeronautics and Space 
Administration, which would likely go to Blue Origin).   
Pages S2321-23
  By 47 yeas to 49 nays (Vote No. 159), Scott (SC) Motion to Instruct 
Conferees to insist that the final conference report include a 
requirement that any new legislation providing for new mandates on 
greenhouse gas emissions should not be enacted unless similar mandates 
are enacted in the People's Republic of China.           
Pages S2325-26
  The Chair was authorized to appoint the following conferees on the 
part of the Senate: Senators Cantwell, Menendez, Wyden, Peters, Murray, 
Brown, Warner, Kelly, Warnock, Hickenlooper, Tester, Heinrich, Baldwin, 
Wicker, Crapo, Risch, Burr, Portman, Grassley, Shelby, Toomey, 
Barrasso, Capito, Cornyn, Young, and Moran, with instructions. 
                                                             Page S2326
Huff Nomination--Agreement: A unanimous-consent agreement was reached 
providing that at approximately 11 a.m., on Thursday, May 5, 2022, 
Senate begin consideration of the nomination of Kathryn Huff, of 
Illinois, to be an Assistant Secretary of Energy (Nuclear Energy), and 
vote on confirmation thereon at 1:45 p.m.                    
  Page S2341
Nomination Confirmed: Senate confirmed the following nomination:
  James D. Rodriguez, of Texas, to be Assistant Secretary of Labor for 
Veterans' Employment and Training.                           
Page S2326
Measures Placed on the Calendar:                             
  Page S2326
Executive Communications:                                
  Pages S2329-35
Petitions and Memorials:                                 
  Pages S2335-37
Executive Reports of Committees:                         
  Pages S2337-39
Additional Cosponsors:                                   
  Pages S2339-40
Statements on Introduced Bills/Resolutions:              
  Pages S2340-41
Additional Statements:                                   
  Pages S2328-29
Authorities for Committees to Meet:                          
  Page S2341
Record Votes: Twelve record votes were taken today. (Total--159) 
                                     Pages S2313-16, S2318-21, S2323-26
Adjournment: Senate convened at 10 a.m. and adjourned at 10:13 p.m., 
until 11 a.m. on Thursday, May 5, 2022. (For Senate's program, see the 
remarks of the Acting Majority Leader in today's Record on page S2341.)

[[Page D467]]