[Congressional Record Volume 168, Number 74 (Wednesday, May 4, 2022)]
[Senate]
[Pages S2312-S2326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

   AMERICA CREATING OPPORTUNITIES FOR MANUFACTURING, PRE-EMINENCE IN 
             TECHNOLOGY, AND ECONOMIC STRENGTH ACT OF 2022

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume legislative session and resume consideration of the House 
message to accompany H.R. 4521, which the clerk will report.
  The senior assistant legislative clerk read as follows:

       House message to accompany H.R. 4521, a bill to provide for 
     a coordinated Federal research initiative to ensure continued 
     United States leadership in engineering biology.

  The PRESIDING OFFICER. The Senator from Kentucky.


                           Motion to Instruct

  Mr. PAUL. Madam President, I call up my motion to instruct conferees, 
which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. Paul] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Paul motion to 
instruct.
  Mr. PAUL. Last year, the Senate unanimously adopted my amendment to 
prevent taxpayer dollars from being used to finance gain-of-function 
research conducted in China. My motion to instruct asks that this 
language be incorporated into the final bill.
  Gain-of-function research enhances the severity or transmissibility 
of existing viruses that may infect humans. The dangers are so acute 
that from 2014 to 2017, the NIH suspended funding for all gain-of-
function research projects.
  While we may never know whether the pandemic arose from a lab in 
Wuhan or occurred naturally, the emergence of COVID serves as a 
reminder that dangerous research conducted in a secret and totalitarian 
country is simply too risky to fund. Congress must ensure that taxpayer 
dollars will not be used to fund gain-of-function research in China.
  I urge a ``yes'' vote.
  Mr. KAINE. I yield back all time on the Democrats' side.


                             Vote on Motion

  The PRESIDING OFFICER. All time is yielded back.
  The question is on agreeing to the motion.
  The motion was agreed to.
  Mr. PAUL. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Motion to Instruct

  Mr. BARRASSO. Madam President, please call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Wyoming [Mr. Barrasso] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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 regionwide 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Barrasso 
motion to instruct.

[[Page S2313]]

  

  Mr. BARRASSO. Madam President, I rise in support of the motion to 
instruct conferees to require the Department of Interior to finalize a 
5-year offshore oil and gas leasing plan no later than June 30, 2022. 
It would require at least 10 sales in the Gulf of Mexico and Alaska. In 
consultation with both Senators Rubio and Scott, it does not impact any 
moratoriums, including Florida's.
  The Biden administration has failed to develop a 5-year plan. Gina 
McCarthy has told us why. Last week, she said President Biden is 
absolutely committed, she said, to blocking additional drilling. Jen 
Psaki confirmed it at the White House.

  Instead of begging for oil from our enemies, like Iran and Venezuela, 
we should produce more American energy.
  I urge my colleagues to join me in supporting this amendment.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. MARKEY. Madam President, I rise to urge my colleagues to vote no 
on this motion to instruct from Senator Barrasso.
  If we want to talk solutions to the energy price crisis, if we want 
to talk solutions to the climate crisis, we have bills to do that.
  Our Federal oil and gas leasing programs include critical State and 
public involvement that this amendment is attempting to undercut and 
sabotage and to try to weaponize this bill in order to have the hope of 
prompting yet another giveaway for oil and gas companies, which is not 
going to do a thing to help the American people or the American 
economy.
  Oil and gas companies already have more than 1,500 offshore leases 
that they are not currently using, encompassing a swath of ocean larger 
than the entire State of Maryland. The top 25 oil and gas companies 
posted $237 billion in record profits last year, which they should be 
using, if they want, to drill there, but they are not doing it.
  So we need to focus on delivering clean energy, efficient solutions 
to communities, not undercutting Federal processes and giving more 
handouts to Big Oil.
  I urge my colleagues to reject this amendment.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion to 
instruct conferees.
  Mr. BARRASSO. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.
  The clerk will call the roll.
  The senior assistant executive clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) 
and the Senator from Minnesota (Ms. Klobuchar) are necessarily absent.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Alabama (Mr. Shelby).
  The PRESIDING OFFICER (Ms. Baldwin). Are there any other Senators in 
the Chamber desiring to vote or change their vote?
  The result was announced--yeas 53, nays 44, as follows:

                      [Rollcall Vote No. 148 Leg.]

                                YEAS--53

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hickenlooper
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kelly
     Kennedy
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sinema
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--44

     Baldwin
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hirono
     Kaine
     King
     Leahy
     Lujan
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--3

     Bennet
     Klobuchar
     Shelby
  The motion was agreed to.
  The PRESIDING OFFICER. The junior Senator from Texas.


                           Motion to Instruct

  Mr. CRUZ. Madam President, I call up my motion to instruct conferees, 
which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Texas [Mr. Cruz] moves that the managers 
     on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Cruz motion 
to instruct.
  Mr. CRUZ. Madam President, China and Iran are two of the most 
dangerous enemies of the United States. China is our most significant 
geopolitical foe for the next 100 years. Iran is the world's leading 
state sponsor of terrorism.
  The Biden administration, unfortunately, has been dealing with both 
from a position of weakness. Specifically, the Biden administration has 
refused to enforce oil sanctions against Iran, allowing Iran to sell 
more than a million barrels a day of oil primarily to China.
  At the same time, the Biden administration is negotiating to lift 
terrorism sanctions on the Islamic Revolutionary Guard Corps and the 
Central Bank of Iran. The IRGC is responsible for murdering over 600 
service men and women. The IRGC, right now, is actively trying to 
murder the former Secretary of State of the United States and the 
former National Security Advisor.
  If you support terrorism sanctions on the IRGC, you should vote yes, 
and if you want to lift those sanctions, you should vote no.
  The PRESIDING OFFICER. The junior Senator from Connecticut.
  Mr. MURPHY. Madam President, the provision in the underlying bill 
that Senator Cruz's motion argues for is a good one in that we should 
care about cooperation between China and Iran, but I would encourage my 
colleagues to oppose this MTI because of another extraneous provision 
in the motion.
  The motion argues that the United States should tie our Iran 
terrorism sanctions to our China policy, and that, frankly, is a bad 
idea. Terrorism-related sanctions are about punishing and deterring 
support for terrorism. If we want to use sanctions to deter cooperation 
between Iran and China, then we should craft those tailored sanctions; 
but to tie our Iran terrorism sanctions to our China policy would have 
the effect, really, of muddying the waters about the purpose of 
terrorism sanctions. Terrorism sanctions should be about stopping 
terrorism--period, stop. If we start applying terrorism sanctions for 
other purposes, it weakens our entire anti-terror strategy.
  For that reason, I would urge opposition to the motion.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Mr. CRUZ. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) is 
necessarily absent.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Alabama (Mr. Shelby).
  The result was announced--yeas 86, nays 12, as follows:

                      [Rollcall Vote No. 149 Leg.]

                                YEAS--86

     Baldwin
     Barrasso
     Blackburn
     Blumenthal
     Blunt
     Booker

[[Page S2314]]


     Boozman
     Braun
     Burr
     Cantwell
     Capito
     Cardin
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Heinrich
     Hickenlooper
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lee
     Lujan
     Lummis
     Manchin
     Marshall
     McConnell
     Menendez
     Moran
     Murkowski
     Murray
     Ossoff
     Peters
     Portman
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Sasse
     Schumer
     Scott (FL)
     Scott (SC)
     Shaheen
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Van Hollen
     Warner
     Warnock
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--12

     Brown
     Carper
     Hirono
     Markey
     Merkley
     Murphy
     Padilla
     Paul
     Reed
     Sanders
     Schatz
     Warren

                             NOT VOTING--2

     Bennet
     Shelby
       
  The motion was agreed to.
  The PRESIDING OFFICER (Mr. Hickenlooper). The Senator from New 
Jersey.


                           Motion to Instruct

  Mr. MENENDEZ. Mr. President, I call up my motion to instruct, which 
is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from New Jersey [Mr. Menendez] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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).

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to the vote on the Menendez 
motion to instruct.
  The Senator from New Jersey.
  Mr. MENENDEZ. Mr. President, this motion would establish an inspector 
general at the Office of the U.S. Trade Representative.
  As we have seen over the past several years, inspectors general are a 
key way that Congress conducts oversight over our Federal Government. 
Through these independent watchdogs, we prevent waste, fraud, and 
abuse, increasing transparency while ensuring Federal Agencies remain 
accountable to the American people. It is a model that most of the 
Federal bureaucracy has adopted because it works.
  When it comes to the Office of the U.S. Trade Representative, it 
remains an outlier--one of the only Cabinet-level Agencies without this 
key oversight tool. An Agency led by a Senate-confirmed appointee, 
tasked with carrying out decisions affecting every worker, business, 
and consumer in this country, is currently operating without one of the 
most effective guardrails we have against overreach. Just a few years 
ago, Congress saw how two negotiators for USMCA were using their 
positions to solicit consulting work on the regulations they had 
written. We saw how the Agency's opaque tariff exclusion process was 
beset by inconsistent decision making and political favoritism.
  This is an amendment that has been sponsored by over 53 Senators, 
Republicans and Democrats alike. It passed in USICA originally with a 
91-to-4 vote. I urge my colleagues to support it. I am happy to take a 
voice vote.


                             Vote on Motion

  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Idaho.


                           Motion to Instruct

  Mr. RISCH. Mr. President, I call up my motion to instruct conferees, 
which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Risch] moves that the managers 
     on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Risch motion 
to instruct.
  The Senator from Idaho.
  Mr. RISCH. Mr. President, I didn't stop the reading because it is 
pretty self-explanatory what this is.
  There was language in S. 1260 when it left here and went over to the 
House, under division C, that would have strengthened the ability of 
the United States to counter Chinese influence abroad. Specifically, 
the influence we are talking about here in one particular case 
especially is what is going on in colleges and universities around the 
country.
  What this does is put some very clear windows into what the Chinese 
Communist Party is doing on college campuses, particularly as it 
relates to grants and money that they are putting into the colleges and 
universities. We are asking and directing the negotiators to see that 
there is such language in the final bill that comes out.
  The PRESIDING OFFICER. Is there further debate on the motion?
  Mr. RISCH. Mr. President, I will accept a voice vote.


                             Vote on Motion

  The PRESIDING OFFICER. Hearing no further debate, the question is on 
agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Arizona.


                           Motion to Instruct

  Mr. KELLY. Mr. President, I call up my motion to instruct, which is 
at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Arizona [Mr. Kelly] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to the vote on the Kelly motion 
to instruct.
  Mr. KELLY. Mr. President, microchips are in everything from household 
vacuums to the most advanced fighter jets. A resilient domestic 
microchip supply chain is important to our national security and to our 
economy, but we have two problems. We are facing a shortage of 
microchips, and we do not have the capacity to produce enough of them 
here in the United States. That is why we have worked together, 
Republicans and Democrats, to pass a plan in the Senate competitiveness 
bill that will boost American microchip manufacturing capacity, create 
thousands of jobs, and help lower costs for families.
  I ask my colleagues to support this motion to show the continued 
bipartisan momentum behind our plan so we can get this across the 
finish line.
  I am OK with a voice vote.


                             Vote on Motion

  The PRESIDING OFFICER. Hearing no further debate on the motion, the 
question is on agreeing to the motion to instruct.
  The motion was agreed to.
  Mr. MENENDEZ. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Motion to Instruct

  Mr. LEE. Mr. President, I call up my motion to instruct conferees, 
which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Utah [Mr. Lee] moves that the managers on 
     the part of the Senate at the conference on the disagreeing 
     votes of the two Houses on the Senate amendment to

[[Page S2315]]

     the bill H.R. 4521 be instructed 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).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Lee motion to 
instruct.
  Mr. LEE. Mr. President, Americans are facing an affordability crisis. 
In my home State of Utah, the average household is having to pay an 
additional $702 every month just for basic living expenses relative to 
what they paid every month at the beginning of last year.
  Inflation is unsustainable. Energy is one primary driver of 
inflation, and this administration's senseless energy policies are 
largely to blame. The House's version of this bill contains more of 
these damaging policies that will hurt Americans, and hurt Utahns in 
particular, while they can least afford it.
  My motion instructs conferees not to include the House provisions, 
including one sending $2 billion per year indefinitely to developing 
countries to support their supply of zero emissions vehicles; another 
provision that would send $8 billion to the U.N.'s green climate fund, 
which has historically given money to China; as well as another 
provision expressing the sense of Congress that the United States 
should implement the Paris Agreement, which is estimated to lead to a 
20 percent increase in the costs for the average American family's 
electric bill and shrink our national GDP by $2.5 trillion.
  Americans can't afford these energy policies. My motion will make 
sure that they don't have to pay for them.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. WHITEHOUSE. Mr. President, if we want friends overseas and if we 
want a robust world economy, it is important that America plays fair 
with the rest of the world on climate. Participating in the 
international climate fund, participating in the Paris accord and the 
COP agreements, and having a robust national strategy on climate change 
are all distinctly in our national security and economic interests.
  I urge voting no on the Lee motion to instruct, and I further urge 
that if we want to protect the American consumer, get the heck off of 
fossil fuel before it drives us into ruin with high prices set by 
international cartels and massive pollution.


                             Vote On Motion

  Mr. LEE. I call for the yeas and nays.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) is 
necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Hawley) and the Senator from Alabama (Mr. Shelby).
  Further, if present and voting, the Senator from Missouri (Mr. 
Hawley) would have voted ``yea.''
  The result was announced--yeas 48, nays 49, as follows:

                      [Rollcall Vote No. 150 Leg.]

                                YEAS--48

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--49

     Baldwin
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Leahy
     Lujan
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--3

     Bennet
     Hawley
     Shelby
  The motion was rejected.
  The PRESIDING OFFICER (Ms. Smith). The Senator from Tennessee.


                           Motion to Instruct

  Mrs. BLACKBURN. Madam President, I call up my motion to instruct 
conferees which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Tennessee [Mrs. Blackburn] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to the vote on the Blackburn 
motion to instruct.
  Mrs. BLACKBURN. Madam President, if we continue to ignore the threat 
posed by the digital yuan, Beijing will use this technology to increase 
its surveillance capacity, avoid U.S. sanctions, and threaten the 
dominance of the U.S. dollar in the global trade.
  This is the reason for this motion. This motion would require the 
managers to include a simple provision that will require OMB to work 
with our executive Agencies to put some much needed security measures 
in place.
  We cannot afford to look the other way while the CCP increases its 
own global power at the expense of the free world and is looking for 
opportunities to use the digital yuan to increase surveillance.
  I urge a ``yes'' vote on the motion.


                             Vote on Motion

  The PRESIDING OFFICER. Is there further debate on the motion?
  If not, the question is on agreeing to the motion.
  The motion was agreed to.


                           Motion to Instruct

  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. COTTON. Madam President, I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Arkansas [Mr. Cotton] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed to insist upon rejecting 
     the authorization of appropriations for contributions to the 
     Green Climate Fund under section 30609(b) 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to the vote on the Cotton 
motion to instruct.
  The Senator from Arkansas.
  Mr. COTTON. Madam President, the United States is in a new cold war 
with China, but Joe Biden doesn't seem to be up to the fight. China's 
military is growing while ours is shrinking. The President's Defense 
budget can't even

[[Page S2316]]

keep up with the Democrats' own rate of inflation. The President even 
denies that China is waging a cold war against us.
  And while we are shortchanging our own military against a dangerous 
communist adversary, the Government wants to send $8 billion of your 
money to a U.N. boondoggle called the Green Climate Fund.
  If anyone should be paying for a Green Climate Fund, it should be the 
Chinese communists, the world's worst polluters--not American 
taxpayers.
  My proposal is simple. Instead of giving that $8 billion to the 
United Nations to waste on climate schemes and corruption, we should 
send it to our troops and help rebuild our military.
  The U.N. or the U.S. military? It is an easy choice. I urge my 
colleagues to support the motion.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. WHITEHOUSE. Madam President, this is the second shot that has 
been taken this afternoon at the international climate fund by our 
friends on the other side.
  America is a great and powerful nation, and it is usually good for 
great and powerful nations not to be a jerk, and therefore sticking up 
for the countries that are suffering because of climate pollution is 
something that a great and powerful nation ought to do.
  Don't be a jerk and clean up your own messes are two things that I 
learned as a child. And I think that our national security and our 
economic advantage are both served by actually supporting the 
international climate fund and helping the world work its way through 
the predicament that the fossil fuel industry has foisted on us. I urge 
a ``no'' vote on this.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Mr. WHITEHOUSE. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet), 
the Senator from Nevada (Ms. Cortez Masto), the Senator from New Mexico 
(Mr. Lujan), the Senator from New Jersey (Mr. Menendez), and the 
Senator from California (Mr. Padilla) are necessarily absent.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Alabama (Mr. Shelby).
  The result was announced--yeas 50, nays 44, as follows:

                      [Rollcall Vote No. 151 Leg.]

                                YEAS--50

     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--44

     Baldwin
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Leahy
     Markey
     Merkley
     Murphy
     Murray
     Ossoff
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--6

     Bennet
     Cortez Masto
     Lujan
     Menendez
     Padilla
     Shelby
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Alaska.


                           Motion to Instruct

  Ms. MURKOWSKI. Madam President, I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Alaska [Ms. Murkowski] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed to insist that the final 
     conference report include the text of S. 140, 117th Congress, 
     as reported to the Senate on December 17, 2021.

  The PRESIDING OFFICER. Under the previous order, there will be now 2 
minutes of debate equally divided prior to a vote on the Murkowski 
motion to instruct.
  Ms. MURKOWSKI. Madam President, the Senator from Rhode Island and I 
have offered a motion related to our bipartisan BLUE GLOBE Act. This is 
legislation that focuses on our oceans. They are a key source of food 
for us. They produce most of the oxygen we need to breathe. They help 
us maintain our global climate. But we largely ignore them, 
unfortunately.
  We haven't done nearly enough to address overfishing, pollution, and 
acidification. According to NOAA, we have actually mapped more of the 
moon than we have our oceans. So BLUE GLOBE will help change that by 
improving data collection, accelerating ocean-focused innovation, and 
taking other important steps. It will help strengthen our economy, 
protect against China's illegal fishing, and bolster our national 
security along the coasts.
  It received unanimous consent support from the Commerce Committee. It 
is a perfect fit for a bill on competitiveness, so I would urge the 
Senate to support this motion to instruct conferees to include BLUE 
GLOBE in the final bill.


                             Vote on Motion

  The PRESIDING OFFICER. Is there further debate?
  Hearing none, the question is on agreeing to the motion to instruct.
  The motion was agreed to.
  Ms. MURKOWSKI. Thank you, Madam President.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. TILLIS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. SULLIVAN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Motion to Instruct

  Mr. SULLIVAN. Madam President, I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Sullivan] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Sullivan 
motion to instruct.
  Mr. SULLIVAN. Madam President, as recently as the early 1980s, our 
Nation produced the vast majority of the critical minerals and 
renewable energy technology we use in America but not anymore. 
Unfortunately, Russia and particularly China have a stranglehold on 
most of these critical minerals and clean energy technology that our 
Nation needs.
  To make matters worse, Madam President, some of these critical 
minerals and materials we are importing, like solar panels and EV 
batteries, are processed and manufactured in China using forced labor 
in some of the worst environmental standards in the world.
  Madam President, may I have 30 seconds to complete my statement?
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SULLIVAN. We can change this, Madam President. We must change 
this.
  My motion to instruct is simple. Any renewable energy project 
receiving Federal funds cannot use materials, technologies, or critical 
minerals from

[[Page S2317]]

China or Russia--simple, commonsense, humane, and in the interest of 
America's workers and our national defense.
  I urge my colleagues to vote yes.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Madam President, this Congress and the Clean Energy for 
America legislation, which passed the Senate Finance Committee, is the 
best opportunity in the past decade for bold action that deals not just 
with the threat of climate change but gives us a chance to get those 
big investments here in the United States with domestic manufacturing 
and good jobs--an economic win-win.
  Our country should be doing everything possible to invest in a 
technology-neutral, private-sector-driven approach to promote a clean 
energy future, including investing in renewable energy projects, 
including the manufacturing of solar, wind, and other technologies here 
at home.
  Further, I would note that our country has a clear prohibition on 
products made with forced labor that is restricting and will continue 
to restrict renewable energy products produced with forced labor in 
China from entering the United States.
  My friend, whom I always like working with, introduces a new, vague 
restriction that would unfortunately tie our hands, limit our 
businesses' ability to source necessary materials for their products 
with vague and overly broad restrictions.
  I urge my colleagues to oppose the motion.


                             Vote on Motion

  The PRESIDING OFFICER. Is there further debate?
  If not, the question is on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Florida.


                           Motion to Instruct

  Mr. RUBIO. Madam President, I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Florida [Mr. Rubio] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Rubio motion 
to instruct.
  The Senator from Florida.
  Mr. RUBIO. Madam President, this will not take long.
  I don't think anybody at this point is unaware that China steals the 
things that we in America innovate: our research, our ingenuity, our 
products, our secrets. They steal it. So we are about to spend tens of 
billions of dollars on research, and if we are going to do that, I 
think we should take steps to make sure that the tens of billions 
aren't also stolen.
  It doesn't make a lot of sense--and most people would agree--to spend 
all of this public money on research without enough protections to keep 
the Chinese from stealing it. So what this motion to instruct would do 
is it would ensure that the government undertakes a 
counterintelligence review to certify that the entities that are 
getting this public money--either through direct funding or through 
intellectual property developed as a result--have national security 
protections against the theft of American research and resources.

  What this would ensure is that there are protections in place to 
strengthen the bill's research funding accounting requirements in 
section 2307 and to ensure review of the funding for university 
technology centers.
  If this bill is to truly be the America COMPETES Act, we need to make 
sure that America's funding and grants and other taxpayer resources are 
not going to be stolen by our adversaries to beat us using our own 
money.
  I ask my colleagues to vote yes on the motion to instruct.


                             Vote on Motion

  The PRESIDING OFFICER. Is there further debate?
  If not, the question is on agreeing to the motion.
  The motion was agreed to.
  The Senator from Michigan.
  Ms. STABENOW. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. JOHNSON. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Motion to Instruct

  Mr. JOHNSON. Madam President, I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Johnson] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Johnson motion 
to instruct.
  The Senator from Wisconsin.
  Mr. JOHNSON. Madam President, this is truly one of the more 
inappropriate additions that the House made to this bill: to ban the 
production of farming of mink for the production of fur. I have no idea 
why they have included it here. It makes no sense to be included. 
Actually, in Wisconsin, it supports hundreds of jobs and produces 
exports to China.
  So my motion simply instructs the conferees to reject any proposal 
that would ban mink farming.
  I want to thank Senators Romney, Daines, and Boozman for their 
support of this amendment, and I urge my colleagues to support American 
farmers by voting in favor of this motion to instruct.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. BOOKER. Madam President, the instruction by my colleague from 
Wisconsin directs conferees to reject bipartisan House language that 
addresses a serious public health concern related to mink farming.
  Mink farms in Europe and the United States have spawned five COVID-19 
variants that have collectively infected thousands of people. The next 
mink variant could infect millions of people. Vaccinations do not 
prevent infection or transmission in mink, and the risk of virus 
mutation on mink farms remains significant.
  Today, there are only 60 mink farms left in the United States, and 
they sell their furs to buyers in China, not here. Americans have 
stopped buying fur because keeping these semiaquatic wild animals in 
cages and breaking their necks to kill them for fur is inhumane.
  More than a dozen European countries have already phased out mink 
farming because of the serious pandemic risks they present. The United 
States should immediately follow suit.
  I urge my colleagues, for the health of our country, to join me in 
voting no on this motion to instruct.


                             Vote on Motion

  I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet), 
the Senator from Nevada (Ms. Cortez Masto), the Senator from New Mexico 
(Mr. Heinrich), the Senator from New Mexico (Mr. Lujan), the Senator 
from New Jersey (Mr. Menendez), and the Senator from California (Mr. 
Padilla) are necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt) and the Senator from Alabama (Mr. Shelby).

[[Page S2318]]

  The result was announced--yeas 59, nays 33, as follows:

                      [Rollcall Vote No. 152 Leg.]

                                YEAS--59

     Baldwin
     Barrasso
     Blackburn
     Boozman
     Braun
     Burr
     Capito
     Casey
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Ossoff
     Paul
     Portman
     Risch
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--33

     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Coons
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Hickenlooper
     Hirono
     Kaine
     Leahy
     Markey
     Merkley
     Murphy
     Murray
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--8

     Bennet
     Blunt
     Cortez Masto
     Heinrich
     Lujan
     Menendez
     Padilla
     Shelby
  The motion was agreed to.
  The PRESIDING OFFICER (Mr. Ossoff). The Senator from Vermont.


                           Motion to Instruct

  Mr. SANDERS. I call up my motion to instruct, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Vermont [Mr. Sanders] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Sanders 
motion to instruct.
  Mr. SANDERS. Mr. President, no one disagrees that we need to 
manufacture more microchips here in the United States, but we should 
not be providing a $53 billion blank check to the highly profitable 
microchip industry with no protections for the American taxpayer.
  The five companies that will likely receive the lion's share of this 
funding: Intel, Texas Instruments, Samsung, Micron Technology, and 
Global Foundries made over $75 billion in profits last year and spent 
over $18 billion on stock buybacks.
  We have strange priorities here in the Senate. We can't extend the 
child tax credit to combat child poverty. We can't deal with the crisis 
in childcare. We can't provide dental care to seniors on Medicare. We 
can't deal with climate change. But somehow we can provide a massive 
amount of corporate welfare to a handful of corporations.
  The motion I am offering today would instruct the conferees to impose 
the following conditions on companies receiving this assistance: They 
must agree to issue warrants or equity stakes to the Federal 
Government.
  If private corporations are going to benefit from $53 billion in 
taxpayer welfare, the financial gains must be shared with the American 
people--not just wealthy stockholders. Further, these companies must 
agree to not buy back their own stock, not outsource American jobs, not 
repeal existing collective bargaining agreements, and remain neutral in 
union organizing efforts.
  What we are talking about here is not a radical idea. These exact 
conditions, word for word, were included in the bipartisan CARES Act, 
which passed the Senate 96 to 0.
  The PRESIDING OFFICER. The Senator's time is expired.
  The Senator from Ohio.
  Mr. BROWN. Mr. President, I rise in opposition to Senator Sanders' 
motion to instruct.
  When America invented the semiconductor 40 years ago, we produced 
nearly half of the world's semiconductors. Today, we produce less than 
10 percent.
  Look what happened: Plants shut down across Ohio. Whirlpool, Ford, 
GM--forced to idle plants because of the ``spread out all over the 
world'' supply chain.
  We passed the CHIPS Act 2 years ago. I thank Senator Cantwell who--
what she has done to stop this, encourage more production of these 
chips at home.
  This bill will fund--this legislation will fund the bill Congress 
already passed. It is not a bailout. It is critical to my State--10,000 
good jobs, 5,000 building trades--union building trades jobs paying 
prevailing wage for the next 10 years. It is an incentive program.
  The EU, China, Taiwan, South Korea all provide incentives to make 
these chips domestically. None of them require stock warrants.
  Everybody in this body knows my position in opposition to the 
financial services industry to stock buybacks. You can count on that.
  I yield my final 30 seconds to Senator Wicker.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. WICKER. Mr. President, there are already significant taxpayer 
mandates in the bill, as it is limiting award size, prohibiting funds 
from going to so-called foreign entities, such as China, and clawback 
provisions.
  Why do we need chips?
  We need chips for Javelin missiles. We need them for--major weapons 
systems contain thousands of chips. The Arleigh Burke-class destroyer 
includes 250,000 chips.
  It would make it much harder for Americans to produce these chips if 
the Sanders amendment were to pass.
  I urge a no vote, and I join my friend from Ohio in urging a no vote.
  The PRESIDING OFFICER. All time is expired on the motion.
  Mr. SANDERS. Mr. President, may I have 30 seconds in response?
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. SANDERS. No one debates the need for chips. But to my friend from 
Ohio, I would say: You are right. We lost tens of thousands of jobs 
over the last 20 years. You know why? Because the same microchip 
companies shut down plants in America to go for cheap labor in Asia, 
and now we are rewarding them with $53 billion in corporate welfare.
  For all of my friends who talk about the deficit and how we can't 
fund the needs of our children or the elderly, $53 billion going to 
some of the most profitable corporations in America without any 
taxpayer protection is an absolute outrage.
  Let's vote for this proposal.


                             Vote on Motion

  Mr. WICKER. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet), 
the Senator from Delaware (Mr. Coons), the Senator from New Mexico (Mr. 
Heinrich), the Senator from New Mexico (Mr. Lujan), and the Senator 
from New Jersey (Mr. Menendez) are necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt) and the Senator from Alabama (Mr. Shelby).
  The result was announced--yeas 6, nays 87, as follows:

                      [Rollcall Vote No. 153 Leg.]

                                YEAS--6

     Baldwin
     Booker
     Markey
     Merkley
     Sanders
     Warren

                                NAYS--87

     Barrasso
     Blackburn
     Blumenthal
     Boozman
     Braun
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Hickenlooper
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kaine

[[Page S2319]]


     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Paul
     Peters
     Portman
     Reed
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Sasse
     Schatz
     Schumer
     Scott (FL)
     Scott (SC)
     Shaheen
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Van Hollen
     Warner
     Warnock
     Whitehouse
     Wicker
     Wyden
     Young

                             NOT VOTING--7

     Bennet
     Blunt
     Coons
     Heinrich
     Lujan
     Menendez
     Shelby
  The motion was rejected.
  The PRESIDING OFFICER. The Senator from Montana.


                           Motion to Instruct

  Mr. DAINES. Mr. President, I ask unanimous consent that, 
notwithstanding the previous order, it be in order to offer my motion 
to instruct at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DAINES. Mr. President, I call up my motion to instruct conferees, 
which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Daines] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Daines 
motion to instruct.
  Mr. DAINES. Mr. President, if we have learned anything over the past 
few months, it is the importance of supporting ``Made in America'' 
energy.
  Since Europe has divested in traditional energy, Vladimir Putin has 
weaponized it and has Europe over a barrel. This is the path America is 
headed down if the administration continues to stonewall traditional 
American energy development.
  For the sake of our national security, we must unleash American 
energy production, which includes an ``all of the above'' energy 
portfolio with renewables, hydropower, oil, gas, nuclear, and coal. 
Energy security is national security, and a global, energy-dominant 
America is a safer world.
  We should also not be sending money to China like the House bill does 
in a package that is meant to help us win the race against China. It 
just doesn't make sense.
  I urge my colleagues to support this motion to instruct and reject 
the provisions from the House that weaken the energy security of the 
United States.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Mr. President, I rise in opposition to this motion to 
instruct for one simple reason: It is up to America to lead the world 
in reducing the use of fossil fuels and in pivoting to renewable 
energy. Yet this motion to instruct says we cannot do anything to help 
foreign entities address any aspect of the climate objective: not to 
fight forest fires that come from climate change, not to address the 
salinization or the acidification of the sea, not to address 
reforestation or deforestation.
  It is up to America to help make sure that we provide nonfossil fuel 
energy for the future that will help us all address this huge list of 
issues. It is important that we lead the world, not neglect the world.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER (Mr. Kelly). The Senator from New Hampshire.


                           Motion to Instruct

  Ms. HASSAN. Mr. President, I ask unanimous consent that, 
notwithstanding the previous order, it be in order to offer my motion 
to instruct at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. HASSAN. Mr. President, I call up my motion to instruct, which is 
at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from New Hampshire [Ms. Hassan] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Hassan 
motion to instruct.
  Ms. HASSAN. Mr. President, I rise today to offer a bipartisan motion 
with Senator Young that will help fuel American innovation.
  The research and development tax credit gives critical support to 
small businesses and startups that power our economy. By strengthening 
the R&D tax credit for startups and preserving other tax incentives for 
research here in America, we can outcompete countries like China.
  I would also like to thank the additional 16 Senators supporting the 
motion: Senators Baldwin, Marshall, Feinstein, Sasse, Warnock, Blunt, 
Kelly, Portman, Padilla, Fischer, Coons, Boozman, Cortez Masto, Capito, 
Rosen, and Wicker.
  I yield to the Senator from Indiana.
  Mr. YOUNG. Mr. President, I ask unanimous consent to speak for 1 
minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. YOUNG. Mr. President, I thank my colleague from New Hampshire.
  This bill is about maintaining our competitiveness with China.
  We cannot compete with China without robust domestic R&D. A company 
investing $100 in R&D in China this year will get a $200 deduction. In 
America, that company investing $100 would only get to deduct $10 this 
year.
  We must not lose out on innovation and production to China. I ask my 
colleagues to support this motion and support domestic R&D. Every day 
we wait is another day we fall behind.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. SANDERS. Mr. President, recent polls suggest that Congress has a 
19-percent favorability rating, and I find that shocking. Clearly, if 
that 19 percent had any inkling as to what goes on here in the Senate, 
that number would be much lower.
  Over and over again, I hear Members of the Senate express their deep 
concerns about the deficit. ``Oh, my God, our deficit.'' We can't 
maintain a child tax credit to cut child poverty, and we can't make 
sure that senior citizens on Medicare have teeth in their mouths--we 
just can't afford it--but, apparently, we can afford to provide $125 
billion in tax breaks over the next 4 years to some of the most 
profitable corporations in America, including Amazon, Intel, AT&T, 
Boeing, you name it.
  This amendment would repeal--now, this is amazing, and I say this to 
my Democratic colleagues. This amendment would repeal a modest tax 
increase on profitable corporations that President Donald Trump pushed 
to partially offset the cost of his massive tax giveaway to the rich a 
few years ago. This was Trump's initiative to kind of cover the tax 
breaks he gave to billionaires and large corporations. If this 
amendment were enacted, Lockheed Martin and Raytheon would receive a $2 
billion tax break each year, and Northrop Grumman would receive a $1 
billion tax break.
  Is that what we are in the business of doing, telling working 
families we can't help them but that we are giving huge tax breaks to 
some of the wealthiest and most profitable corporations in America?
  I urge my colleagues to vote against this motion.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Ms. HASSAN. Mr. President, I ask unanimous consent to speak for 10 
more seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. HASSAN. Our R&D proposal is critical to helping small businesses 
and to investing in R&D here at home to help us outcompete countries 
like China.
  There is strong bipartisan support for this measure.


                             Vote on Motion

  I ask for the yeas and nays.

[[Page S2320]]

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet), 
the Senator from West Virginia (Mr. Manchin), and the Senator from New 
Jersey (Mr. Menendez) are necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt) and the Senator from Alabama (Mr. Shelby).
  The result was announced--yeas 90, nays 5, as follows:

                      [Rollcall Vote No. 154 Leg.]

                                YEAS--90

     Baldwin
     Barrasso
     Blackburn
     Blumenthal
     Boozman
     Braun
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Heinrich
     Hickenlooper
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kaine
     Kelly
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Lujan
     Lummis
     Marshall
     McConnell
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Paul
     Peters
     Portman
     Reed
     Risch
     Romney
     Rosen
     Rounds
     Rubio
     Sasse
     Schatz
     Schumer
     Scott (FL)
     Scott (SC)
     Shaheen
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Van Hollen
     Warner
     Warnock
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--5

     Booker
     Lee
     Markey
     Sanders
     Warren

                             NOT VOTING--5

     Bennet
     Blunt
     Manchin
     Menendez
     Shelby
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Florida.


                           Motion to Instruct

  Mr. SCOTT of Florida. I call up my motion, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Florida [Mr. Scott] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to the vote on the Scott motion 
to instruct.
  The Senator from Florida.
  Mr. SCOTT of Florida. Mr. President, this government is $30 trillion 
in debt, and Congress is working every day to spend money like it is 
burning a hole in our pocket. This bill has billions of spending, 
billions of taxpayer dollars, and zero mandates for return on 
investment. That is crazy. It is crazy and illogical. No American would 
make a deal like this for their business or their family. Congress 
shouldn't do it with your tax dollars either.
  The conferees must ensure this bill makes all taxpayer funds subject 
to a comprehensive return-on-investment analysis with clawback 
provisions and mandate a report on how every dollar is spent.
  We used taxpayer dollars to incentivize private sector growth when I 
was Governor of Florida. It helped bring businesses to my State and 
create jobs. But we always had return-on-investment metrics and 
clawbacks for when those metrics weren't met. We should be demanding 
the same here, and I urge my colleagues to join me and support 
accountability to the taxpayer.
  The PRESIDING OFFICER. The Senator from Washington.
  Ms. CANTWELL. Mr. President, speaking against my colleague, I am sure 
he is well-meaning, but the language in this underlying amendment would 
condition the funds of this bill. Say the taxpayer money provided to 
universities on research--think about what we do today with 
universities on a lot of subjects. Just ask yourself, would you ever 
have an ROI on the COVID vaccine? basic research around lifesaving 
medicine? It took 60 years to prove the return on that investment. 
There are underlying DARPA funds in this bill. Do you think that all of 
those DARPA funds showed return on investment? Say goodbye to those 
moneys.
  This also says that it can be conditioned for a clawback. Who? So 
nuclear research done by one institution and one administration but not 
liked by the next administration is clawed back? I think we have 
trusted our universities to do this research for us, and that is what a 
research economy is about.
  We need to dust off our R&D skills and make these investments and 
make the commitments. The underlying bill has safeguards on spending in 
the bill.
  I ask my colleagues to vote no on this motion to instruct.


                             Vote on Motion

  The PRESIDING OFFICER. Hearing no further debate, the question is on 
agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Iowa.


                           Motion to Instruct

  Ms. ERNST. Mr. President, I call up my motion to instruct conferees, 
which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Iowa [Ms. Ernst] moves that the managers 
     on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to the vote on the Ernst motion 
to instruct.
  Ms. ERNST. Mr. President, the Small Business Innovation Research and 
Small Business Technology Transfer Programs provide critical innovation 
support to America's small businesses. While this program is 
celebrating 40 years in business, SBIR continues to be exploited by 
foreign adversaries due to lack of controls within the programs to 
prevent the transfer of new American technology to our adversaries.
  China has become one of the largest beneficiaries of the SBIR 
Programs because of the lack of adequate oversight. China and other 
foreign adversaries, like Putin's Russia, know this and have been 
establishing shell companies, acquiring beneficial ownership in 
American enterprises, selecting key awardee personnel for talent 
recruitment, and other state-directed technology acquisition. China has 
also infiltrated businesses known as SBIR mills that have won numerous 
grants.
  This is a clear national security threat and is wholly unacceptable. 
Serious and comprehensive due diligence reforms are needed to combat 
adversarial foreign influence in these programs and to protect our 
national security.
  I ask my colleagues on both sides of the aisle to support this 
effort.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, I agree with my colleague that the SBIR 
Program and the STTR Program are critical to our American small 
businesses. It offers them incredible opportunities to develop 
technology important for our Nation. I also agree with my colleague 
that it is important we prevent critical national security technology 
developed by the programs from being acquired by China and Russia.
  I do point out that if you look at the COMPETES Act, there are 
safeguards to prevent our foreign adversaries from acquiring sensitive 
technology--and not just China and Russia but all foreign countries of 
concern, including Iran and North Korea. This effort

[[Page S2321]]

builds on section 223 of the fiscal year 2021 National Defense 
Authorization Act that provides protection and requires disclosure to 
guard against foreign influence on federally funded research and 
development.

  I am going to support the motion to instruct and work with my 
colleague so we can develop clear language and make it clear that the 
technology developed by the SBIR Program and STTR Program are protected 
against being taken into China and Russia. I look forward to working 
with my colleague.
  I support the motion.


                             Vote on Motion

  The PRESIDING OFFICER. Hearing no further debate, the question is on 
agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Oklahoma.


                           Motion to Instruct

  Mr. LANKFORD. Mr. President, I call up my motion to instruct, which 
is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Lankford] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to the vote on the Lankford 
motion to instruct.
  The Senator from Oklahoma.
  Mr. LANKFORD. Mr. President, we are about to go into conference on 
what we are basically calling the China bill, but this bill does not 
address China's practice of purchasing and stockpiling sanctioned 
Iranian oil on the black market.
  This procurement spike by China is directly correlated with the spike 
in terrorist activities by Iran and its proxies in the Middle East. 
Iran is laundering these petroleum products and illicitly transferring 
the oil at sea to Iranian tankers and foreign-flagged vessels. Three-
quarters of this oil is ultimately exported to China, which purchased 
310 million barrels of oil from Iran last year. All of this is 
happening while China is actually negotiating directly with Iran on our 
behalf in Vienna.
  This particular motion to instruct goes straight at this illicit 
activity from Iran that is facilitating the terror activities and also 
addresses the designation that Iran is asking if they are going to 
negotiate with the Biden administration on the Iran nuclear deal. Iran 
is specifically asking that they get a lift of the ``foreign terrorist 
organization'' on the Islamic Revolutionary Guard Corps. That is the 
group that was attacking our troops in Iraq and facilitating their 
death.
  We need to address this and take it off the table so that Iran does 
not get by with this and the Islamic Revolutionary Guard Corps does 
not.
  I urge a ``yes'' vote on my motion to instruct.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. MURPHY. Mr. President, I would urge opposition to this motion.
  This motion asks the Senate to endorse President Trump's Iran 
policy--a policy that, if you didn't notice, was a complete, total 
failure.
  The motion calls for a provision in the underlying bill to prohibit a 
return to the JCPOA and to keep Trump's ``maximum pressure'' campaign 
intact until a mythical comprehensive agreement is achieved with Iran, 
inclusive of all their malevolent behavior. This policy just hasn't 
worked. To apply it prospectively would be ruinous.
  Friends, Iran is weeks away from having enough nuclear material for a 
weapon. To deny this administration the ability to enter into a nuclear 
agreement isn't just folly; it is downright dangerous.
  I wish a comprehensive agreement with Iran was possible, but 4 years 
of failure by President Trump was proof that, for the time being, it is 
not. We should not endorse 4 more years of this failed Iran policy.
  I urge opposition.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Mr. LANKFORD. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) 
and the Senator from New Jersey (Mr. Menendez) are necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt), the Senator from Idaho (Mr. Risch), and the 
Senator from Alabama (Mr. Shelby).
  Further, if present and voting, the Senator from Idaho (Mr. Risch) 
would have voted ``yea.''
  The result was announced--yeas 62, nays 33, as follows:

                      [Rollcall Vote No. 155 Leg.]

                                YEAS--62

     Barrasso
     Blackburn
     Blumenthal
     Booker
     Boozman
     Braun
     Burr
     Capito
     Cardin
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hassan
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kelly
     Kennedy
     King
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Peters
     Portman
     Romney
     Rosen
     Rounds
     Rubio
     Sasse
     Schumer
     Scott (FL)
     Scott (SC)
     Sinema
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Wyden
     Young

                                NAYS--33

     Baldwin
     Brown
     Cantwell
     Carper
     Casey
     Duckworth
     Durbin
     Feinstein
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Klobuchar
     Leahy
     Lujan
     Markey
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Paul
     Reed
     Sanders
     Schatz
     Shaheen
     Smith
     Stabenow
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse

                             NOT VOTING--5

     Bennet
     Blunt
     Menendez
     Risch
     Shelby
  The PRESIDING OFFICER. On this vote, the yeas are 62, the nays are 
33.
  Under the previous order requiring 60 votes for the adoption of this 
motion, the motion is agreed to.
  The majority leader.
  Mr. SCHUMER. OK. My colleagues, we have seven votes left; three look 
like they will be voice, so there are four votes. If we stay in our 
seats and try to stick as close as we can to the 10-minute vote, we can 
finish very soon. So please do that.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.


                           Motion to Instruct

  Mr. SANDERS. Mr. President, I call up my motion to instruct, which is 
at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Vermont [Mr. Sanders] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote on the Sanders motion 
to instruct.
  The Senator from Vermont.
  Mr. SANDERS. Mr. President, this motion is cosponsored by Senator 
Johnson of Wisconsin, and I have to say that we are on a roll tonight.

[[Page S2322]]

  We have already voted to give $53 billion in corporate welfare to the 
microchip industry. We voted to give $125 billion in tax breaks to some 
of the wealthiest corporations in the country.
  But now we have the opportunity to do even better. We can give $10 
billion to Jeff Bezos, the second wealthiest person in this country, 
who is the owner of the space company Blue Origin.
  Clearly, Mr. Bezos desperately needs this Federal assistance. He is 
only worth $150 billion, and with all of his lawyers and accountants, 
in a given year, he pays nothing in Federal income taxes.
  He is the owner of Amazon, which in a given year also pays nothing in 
Federal income taxes.
  Mr. Bezos has enough money to buy a $500 million yacht, $175 million 
estate in Beverly Hills, and a $23 million mansion here in Washington.
  I am sure that your constituents will be very excited to hear that 
you are going to give him this $10 billion, which he clearly 
desperately needs.
  Further, for those people here who believe in trade unions, Mr. Bezos 
has spent millions of dollars at Amazon preventing workers at Amazon 
from exercising their constitutional right to form a union.
  He is part of Amazon, a company that has been fined over and over 
again for violating the law.
  Mr. President, at a time when 70 million are uninsured, when 600,000 
people are homeless in this country, when we are seeing a growing gap 
between the very rich and everybody else, it does not make a lot of 
sense to give $10 billion to the second wealthiest person in this 
country.
  I urge my colleagues to vote yes on this motion.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. TUBERVILLE. Mr. President, NASA recognizes that competition makes 
us better. That is why they asked Congress to fund a second provider 
for the lunar lander.
  Developing additional designs was NASA's original intent--a type of 
built-in insurance. It helps foster greater astronaut safety, which you 
can appreciate, and minimize the impact of delays; in the end, 
protecting the American taxpayers' investment in the Artemis program.
  To continue advancements in American ingenuity and innovation, 
Congress must embrace competition, safety, and public-private 
partnerships.
  My colleague from Vermont's motion would take a sledgehammer to 
American ingenuity and the Artemis program.
  I urge my colleagues to vote against this motion.
  The PRESIDING OFFICER. The Senator from Washington.
  Ms. CANTWELL. Mr. President, I ask unanimous consent for an 
additional 30 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. CANTWELL. I, too, oppose this amendment.
  Striking the authorization does strike competition. NASA has asked 
for continued competition, and there are many defense contractors who 
have expressed interest--Lockheed Martin, Northrop Grumman, Dynetics.
  So I understand my colleague's frustration and what he wants to 
complain about, but this is about safety, and it is about redundancy, 
and it is about us authorizing the Artemis program; not just having 
appropriators make a decision, but having the authorization of safety 
and redundancy that we expect if we as a Nation are going to take the 
next woman astronaut all the way to the surface of the Moon.
  When I think about what happened with the space shuttle Columbia and 
the disaster, NASA suffered great consequences. They have said 
redundancy matters, and that is what we are authorizing, and the 
competition my colleague just mentioned.
  The PRESIDING OFFICER. The Senator from Vermont, 30 seconds.
  Mr. SANDERS. Mr. President, you know, I hear this word 
``competition,'' but I want everybody to know what the competition is 
in the space program.
  The competition is between Mr. Musk and SpaceX. Musk is the 
wealthiest guy in the country, and Jeff Bezos and Blue Origin, the 
second wealthiest guy in this country.
  Is that really the kind of space program that the American people 
want? I think not.
  Mrs. FEINSTEIN. Madam President, I rise today to explain my position 
on Senator Sanders' motion to instruct conferees to remove language 
from any final conference report of the U.S. Innovation and Competition 
Act and the America COMPETES Act that would provide $10 billion for 
NASA to develop a second Human Landing System.
  California has long been the epicenter of the global aerospace and 
commercial space industries, and I am proud of the many technical and 
scientific advancements made by California scientists and engineers. 
The bills that the conference committee will consider are intended to 
ensure that the innovation in aerospace in California and beyond has 
the support needed to maintain the United States' global competitive 
edge and lead scientific advancement.
  When the Senate passed the U.S. Innovation and Competition Act last 
summer, I was concerned that section 2614 of the bill would circumvent 
the competitive process at the heart of Federal procurement and 
undermined NASA's existing contract for the Artemis Human Landing 
System.
  By that time, NASA had already completed a contract review and award 
for the Artemis program for the development of a landing system, 
selecting the proposal by SpaceX. The SpaceX bid not only received the 
highest rating for its technical aspects and management approach, it 
also had the lowest price.
  Nevertheless, the unsuccessful contractors who did not receive the 
final contract, Blue Origin and Dynetics, filed a complaint with the 
Government Accountability Office, alleging violations and unreasonable 
evaluation practices.
  The GAO investigated for 3 months and ultimately denied the claims by 
the contractors, saying: ``The evaluation of all three proposals was 
reasonable and consistent with applicable procurement law, regulation, 
and the announcement's terms.''
  Like Senator Sanders, I had initial concerns that section 2614 of the 
U.S. Innovation and Competition Act would create an additional Human 
Landing System contract, thereby providing substantial public funding 
to contractors who lost a fair competitive contract award. Moreover, 
the terms of section 2614 threatened to force NASA into a rushed 
acquisition and could have diverted funds from other important projects 
to cover the expenses of this second Artemis award.
  However, my staff and I have worked with Senator Cantwell and her 
staff at the Senate Commerce Committee to address those concerns. I 
understand that the Commerce Committee will work through the conference 
process to extend the timeline for the new contract in the bill--
previously just 90 days--to ensure that NASA can undertake another fair 
procurement process.
  They have further committed to working with NASA to ensure that the 
language does not represent an unfunded mandate, forcing NASA to pull 
funds from other programs.
  Lastly, NASA's budget request this year for the landing system was 
$1.5 billion, a significantly more reasonable amount than the enormous 
figure included in the original Senate bill. As a member of the 
Appropriations Subcommittee for Commerce, Justice, and Science, I will 
continue to observe this program closely to ensure that these Federal 
funds are spent responsibly and without favoritism.
  I want to reiterate that I have long supported NASA's scientific 
endeavors, including the upcoming Artemis moon mission, and I look 
forward to seeing the improved language in the final version of the 
bill. I thank Senator Cantwell and her staff for working with me to 
address my concerns, and I respectfully note that I will vote no on the 
motion by Senator Sanders.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Mr. SANDERS. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) 
and the Senator from New Jersey (Mr. Menendez) are necessarily absent.

[[Page S2323]]

  

  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt), the Senator from Idaho (Mr. Risch), and the 
Senator from Alabama (Mr. Shelby).
  The result was announced--yeas 17, nays 78, as follows:

                      [Rollcall Vote No. 156 Leg.]

                                YEAS--17

     Boozman
     Braun
     Cotton
     Gillibrand
     Hawley
     Hirono
     Johnson
     Klobuchar
     Lee
     Markey
     Murkowski
     Paul
     Rubio
     Sanders
     Scott (FL)
     Smith
     Warren

                                NAYS--78

     Baldwin
     Barrasso
     Blackburn
     Blumenthal
     Booker
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cramer
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Ernst
     Feinstein
     Fischer
     Graham
     Grassley
     Hagerty
     Hassan
     Heinrich
     Hickenlooper
     Hoeven
     Hyde-Smith
     Inhofe
     Kaine
     Kelly
     Kennedy
     King
     Lankford
     Leahy
     Lujan
     Lummis
     Manchin
     Marshall
     McConnell
     Merkley
     Moran
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Romney
     Rosen
     Rounds
     Sasse
     Schatz
     Schumer
     Scott (SC)
     Shaheen
     Sinema
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Tuberville
     Van Hollen
     Warner
     Warnock
     Whitehouse
     Wicker
     Wyden
     Young

                             NOT VOTING--5

     Bennet
     Blunt
     Menendez
     Risch
     Shelby
  The motion was rejected.


                           Motion to Instruct

  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. CASSIDY. Mr. President, I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       A Senator from Louisiana [Mr. Cassidy] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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)).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to the vote on the Cassidy 
motion to instruct.
  Mr. CASSIDY. Mr. President, the importance of trade agreements is 
that everyone follows the rules they agreed to. Mexico is not following 
the USMCA.
  They have forced the closures or partial closures of dozens of fuel 
facilities and have canceled permits for the import and export of 
fuels. They are favoring their national industry, PEMEX, and 
disadvantaging American companies, including companies building 
renewable projects. These actions chill foreign direct investment with 
Mexico, hurt American businesses, and undermine climate goals; but 
Mexico continues to benefit from the rest of the USMCA.
  We wish to be a strong and dependable trade partner with Mexico, but 
the USMCA should be honored. The role of the USTR is to represent the 
interests of the United States and hold trade partners to their word. 
Mexico should respect property rights for U.S. businesses. This should 
be a priority for the USTR.
  I yield back all time.


                             Vote on Motion

  The PRESIDING OFFICER. Without objection, all time is yielded back.
  The question is on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Georgia.


                           Motion to Instruct

  Mr. WARNOCK. Mr. President, I call up my motion to instruct, which is 
at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       A Senator from Georgia [Mr. Warnock] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Warnock 
motion to instruct.
  Mr. WARNOCK. Mr. President, this legislation will help to lower costs 
for hard-working families, create jobs, and equip the Nation to compete 
in a changing economy.
  Historically Black colleges and universities have been putting in the 
work. For years, they have always had to punch above their weight, but 
they play a critical role in creating those jobs and in ensuring that 
we have a diverse, trained workforce for new technology, for research, 
and advanced manufacturing opportunities in Georgia and, indeed, across 
the country.
  That is why we have to invest in their ability to meet tomorrow's 
challenges. When we invest in all of our young people, we position our 
economy to be strong for 10 years, 20 years, 30 years into the future.
  The purpose of this motion is very simple. It will ensure that our 
entire higher education sector can contribute to our growing tech and 
innovation economy. We make good use of all of our talent in creating 
businesses and good-paying jobs in Georgia and all across the Nation. I 
hope that we can adopt this motion by voice vote.


                             Vote on Motion

  The PRESIDING OFFICER. Is there further debate on the motion?
  If not, the question is on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from West Virginia.


                           Motion to Instruct

  Mrs. CAPITO. Mr. President, I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mrs. Capito] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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--
       (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).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Capito 
motion to instruct.
  Mrs. CAPITO. Mr. President, this motion to instruct emphasizes that 
climate change cannot be used as a basis for the President to declare 
an emergency or a major disaster or any other means to expand executive 
powers.
  In the last 2 weeks, Progressives in Congress have renewed their push 
for the President to claim powers he doesn't have and make it harder to 
produce energy domestically and export it abroad. This is bad policy, 
and it sets a bad precedent to encourage expansive executive authority.
  Now, of course, I think we should address climate change, but ceding 
broad authority over to the Executive is not the way to go. I have 
worked together with my colleagues on numerous pieces of meaningful 
climate legislation and continue to do so as the ranking member of the 
Environment and Public Works Committee.
  When Congress wants to address climate, as we have in the past, it 
rolls up its sleeves and does so in a thoughtful, bipartisan manner, 
with clear, detailed direction to the Executive, not by giving the 
Executive broad authority to do whatever it sees fit.

[[Page S2324]]

  I encourage a positive vote on my motion to instruct.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Mr. President, when vigorous storms attack the heartland 
and destroy crops, I hope that the President has emergency powers to 
assist those farmers. When fires--fiercer fires in a longer fire 
season--proceed to burn not just one town but six towns to the ground 
in the State of Oregon in an almost unbelievable, horrendous reduction 
to ashes, I hope the President has emergency powers to declare a major 
disaster and assist the good people of my State or your State when 
these disasters happen. If changing temperatures and changing rain 
patterns bring the sandfly to Texas and leishmaniasis or some other 
deadly disease, then, indeed, the President needs to have the power to 
declare a public health service emergency.
  Taking away the ability for the President to declare major disasters 
or health emergencies or national emergencies when there are disasters 
striking our people is a terrible idea, and I encourage you to vote no 
on this motion to instruct.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Mr. MERKLEY. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) is 
necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt), the Senator from Idaho (Mr. Risch), and the 
Senator from Alabama (Mr. Shelby).
  The PRESIDING OFFICER (Ms. Baldwin). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 49, nays 47, as follows:

                      [Rollcall Vote No. 157 Leg.]

                                YEAS--49

     Barrasso
     Blackburn
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kelly
     Kennedy
     Lankford
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--47

     Baldwin
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Lujan
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--4

     Bennet
     Blunt
     Risch
     Shelby
  The motion was agreed to.
  The PRESIDING OFFICER. The Senator from Pennsylvania.


                           Motion to Instruct

  Mr. TOOMEY. Madam President, I call up my motion to instruct, which 
is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Pennsylvania [Mr. Toomey] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Toomey 
motion to instruct.
  Mr. TOOMEY. Madam President, my motion would simply instruct the 
Senate conferees to USICA to keep a provision of the Wyden-Crapo trade 
amendment that passed the Senate 91 to 4. Specifically, it is the 
provision that requires the administration reestablish an exclusion 
process for current and future section 301 actions.
  This does not repeal 301 tariffs. It doesn't preclude new 301 
tariffs. But, remember, when the Trump administration imposed 301 
tariffs, they created an exclusion process for the simple reason that 
it was important to exclude from tariffs those circumstances in which 
it would do more harm to an American manufacturer and worker than those 
targeted by the tariffs. But the exclusion process has expired. It has 
not been fully restarted. So many U.S. manufacturers are not able to 
get the relief they need.
  The USICA language that passed the Senate would reestablish this 
exclusion process. The language grants considerable flexibility to the 
U.S. Trade Rep, even to the point where the exclusion process could be 
waived altogether if the Trade Rep concludes that, otherwise, it would 
diminish American leverage.
  The bipartisan language simply helps ensure that American 
manufacturers remain competitive. Nearly every one of us submitted 
letters of request from constituent companies asking for exclusions.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. TOOMEY. There is no exclusion if there is no exclusion process.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. BROWN. Madam President, I rise to oppose Senator Toomey's motion 
to instruct against motions that undermine investments in American 
manufacturing and production.
  I urge my colleagues to oppose this motion to instruct. It supports a 
broad exclusion process for 301 tariffs for goods from China. These 
tariffs are in place because of Chinese unfair trade practices that 
target our industrial base and jobs in Pennsylvania and Ohio and New 
Jersey.
  The AFL-CIO opposes this motion. The USTR opposes it. The bipartisan, 
pro-industry Alliance for American Manufacturing opposes it. They know 
any exclusions need to be part of a broader strategic approach that we 
all support to trade policy with China. Creating an overly broad 
exclusion process that ties our hands would take away leverage we need 
to pressure China to change its behavior--behavior the steel industry 
in my State and other industries all over the country know too well.
  China cheats. We know this. It subsidizes its steel industry. It 
props up state-owned enterprises. It steals intellectual property. It 
pollutes the Earth and exploits our workers. It is costing my State and 
all over the country jobs year after year. We can't let China's 
cheating undermine the investments we are making in this bill.
  I ask for opposition to the Toomey motion.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Mr. SCHUMER. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) is 
necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt), the Senator from Idaho (Mr. Risch), and the 
Senator from Alabama (Mr. Shelby).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote or change their vote?
  The result was announced--yeas 53, nays 43, as follows:

                      [Rollcall Vote No. 158 Leg.]

                                YEAS--53

     Barrasso
     Blackburn
     Booker
     Burr
     Cantwell
     Capito
     Carper
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cramer
     Cruz
     Daines
     Ernst
     Feinstein
     Fischer
     Hassan
     Hickenlooper
     Inhofe
     Kaine
     Kelly
     King
     Klobuchar
     Leahy
     Lee
     Lummis
     Manchin
     Marshall
     McConnell
     Menendez
     Murkowski
     Murray
     Ossoff
     Paul
     Romney
     Rosen
     Rounds

[[Page S2325]]


     Sasse
     Shaheen
     Sinema
     Smith
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Warner
     Warnock
     Wicker
     Wyden
     Young

                                NAYS--43

     Baldwin
     Blumenthal
     Boozman
     Braun
     Brown
     Cardin
     Casey
     Cotton
     Crapo
     Duckworth
     Durbin
     Gillibrand
     Graham
     Grassley
     Hagerty
     Hawley
     Heinrich
     Hirono
     Hoeven
     Hyde-Smith
     Johnson
     Kennedy
     Lankford
     Lujan
     Markey
     Merkley
     Moran
     Murphy
     Padilla
     Peters
     Portman
     Reed
     Rubio
     Sanders
     Schatz
     Schumer
     Scott (FL)
     Scott (SC)
     Stabenow
     Tester
     Van Hollen
     Warren
     Whitehouse

                             NOT VOTING--4

     Bennet
     Blunt
     Risch
     Shelby  
  The motion was agreed to.
  The PRESIDING OFFICER. The junior Senator from New Mexico.
  Mr. LUJAN. Madam President, I ask unanimous consent that 
notwithstanding the previous order, it be in order to offer my motion 
to instruct at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Motion to Instruct

  Mr. LUJAN. Madam President, I have a motion at the desk to instruct 
conferees.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Lujan] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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).

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Lujan motion 
to instruct.
  The junior Senator from New Mexico.
  Mr. LUJAN. Thanks to a bipartisan effort in the Commerce Committee, 
the Senate-passed U.S. Innovation and Competition Act includes nearly 
$17 billion to support research, development, and supply chain support 
at the Department of Energy National Laboratories, including key 
technology areas, such as high-performance computing, advanced energy 
technologies, artificial intelligence, quantum information science, and 
advanced manufacturing. The House bill also includes robust support for 
our National Labs.
  This strong investment is critical to maintaining and strengthening 
U.S. competitiveness and security, especially as global R&D 
expenditures rise in these transformative industries.
  Our National Labs are a research crown jewel, and other countries are 
taking notice of our progress. In fact, China is working to build out 
their own national lab network modeled after our own DOE Labs. Inaction 
would leave the United States at risk of being rapidly outpaced.
  New Mexico's own Sandia and Los Alamos National Laboratories are 
leading the way in developing cutting-edge technologies in key focus 
areas and driving innovation in critical national priorities, such as 
next-generation microelectronics.
  The Department of Energy's experience working with universities, 
collaborating with the private sector, and protecting American 
intellectual property from theft makes it a pillar of the U.S. 
innovation ecosystem.


                             Vote on Motion

  The PRESIDING OFFICER. The Senator's time has expired.
  Hearing no further debate, the question is on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The majority leader.
  Mr. SCHUMER. Madam President, this is our last vote, and I want to 
thank Members on both sides of the aisle for their cooperation. If you 
would have told me at noon today we would finish this by 10:20, I would 
have said we never could do it.
  Thank you. Last vote.
  The PRESIDING OFFICER. The Senator from South Carolina.


                           Motion to Instruct

  Mr. SCOTT of South Carolina. I call up my motion to instruct 
conferees, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from South Carolina [Mr. Scott] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the Senate amendment 
     to the bill H.R. 4521 be instructed 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.

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to a vote on the Scott motion 
to instruct.
  The Senator from South Carolina.
  Mr. SCOTT of South Carolina. Madam President, this should be simple. 
The last 20 years, China's emissions have gone from 13 percent globally 
to 28 percent. At the same time, our emissions have gone from 25 
percent down to 14 percent.
  I will start over.
  The last 20 years, China's emissions have doubled--13 percent to 28 
percent. At the exact same time, ours has gone from 25 percent to 14 
percent.
  Why would we cripple our economy to make it easier for China to 
prosper? This should be a simple one. Gas in DC is $5 a gallon. We are 
destroying America's economy, and we are crippling our Nation's energy 
security. This should be simple.
  I yield back the rest of my time.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. CARPER. I rise reluctantly in opposition to the motion to 
instruct offered by our friend from South Carolina. I genuinely enjoy 
his friendship. And working with him, I agree with him on many issues. 
This is one where we just disagree.
  I have serious concerns with the motion he is offering tonight to 
prevent U.S. greenhouse gas emission mandates from being enacted unless 
China enacts similar mandates. Greenhouse gases that drive climate 
change threaten our planet, threaten our lives. They threaten our 
livelihood.
  They also present an opportunity for the United States to lead on the 
global stage. We have an opportunity--a now-or-never opportunity--for 
our country to lead in deploying clean, American-made technologies, to 
lower greenhouse emissions, create American jobs, and position our 
economy to compete with and beat competitors, including China, like a 
drum.
  Our ability to provide clean energy leadership or to collect climate 
change data should not be contingent on the action of our foes, as this 
motion to instruct recommends. The leadership is keeping out of step 
when everyone else is marching to the wrong tune, including China.
  In conclusion, our country should be leading by example--not from 
behind--in tackling the climate crisis so that our businesses, our 
workers, and our planet reap the benefits of a clean economy.
  And that is why I will be voting reluctantly on this motion to 
instruct our colleagues, and I hope you will join with me.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. SCOTT of South Carolina. I have great respect for Senator Carper. 
I think he is a man of integrity. I will simply say that China can't 
hear the music he is talking about. Our emissions have been going down 
while theirs is going up.
  Clean energy in this footprint is produced cleaner in America than it 
is in China. So if you care about the environment, produce it here at 
home. If you care about national security, produce it here at home.
  (Applause.)
  That is all I am suggesting.
  I will reclaim the last 10 seconds of my time.


                             Vote on Motion

  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet) is 
necessarily absent.

[[Page S2326]]

  

  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Missouri (Mr. Blunt), the Senator from Idaho (Mr. Risch), and the 
Senator from Alabama (Mr. Shelby).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote or change their vote?
  The result was announced--yeas 47, nays 49, as follows:

                      [Rollcall Vote No. 159 Leg.]

                                YEAS--47

     Barrasso
     Blackburn
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Sullivan
     Thune
     Tillis
     Toomey
     Tuberville
     Wicker
     Young

                                NAYS--49

     Baldwin
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Leahy
     Lujan
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--4

     Bennet
     Blunt
     Risch
     Shelby  
  The motion was rejected.


                        Appointment of Conferees

  The PRESIDING OFFICER. The Chair appoints the following conferees, 
which the clerk will report.
  The senior assistant legislative clerk read the names of: 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.
  The PRESIDING OFFICER. The junior Senator from Delaware.

                          ____________________