[Congressional Record Volume 168, Number 123 (Monday, July 25, 2022)]
[Senate]
[Pages S3642-S3659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5158. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4346, making appropriations for Legislative 
Branch for the fiscal year ending September 30, 2022, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __--SAFEGUARDING AMERICAN INNOVATION

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Safeguarding American 
     Innovation Act''.

     SEC. __. FEDERAL GRANT APPLICATION FRAUD.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--
       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.
       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     (regardless of monetary value) made available to the 
     applicant in support of, or related to, any research 
     endeavor, including a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including materials, travel 
     compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual, the value 
     of which is $1,000 or more;
       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a material false statement;
       ``(B) contains a material misrepresentation; or
       ``(C) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both, in accordance 
     with the level of severity of that individual's violation of 
     subsection (b); and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 47 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1041. Federal grant application fraud.''.

     SEC. __. RESTRICTING THE ACQUISITION OF EMERGING TECHNOLOGIES 
                   BY CERTAIN ALIENS.

       (a) Grounds of Visa Sanctions.--The Secretary of State may 
     impose the sanctions described in subsection (c) if the 
     Secretary determines an alien is seeking to enter the United 
     States to knowingly acquire sensitive or emerging 
     technologies to undermine national security interests of the 
     United States by benefitting an adversarial foreign 
     government's security or strategic capabilities.
       (b) Relevant Factors.--To determine if an alien is 
     inadmissible under subsection (a), the Secretary of State 
     shall--
       (1) take account of information and analyses relevant to 
     implementing subsection (a) from the Office of the Director 
     of National Intelligence, the Department of Health and Human 
     Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (2) take account of the continual expert assessments of 
     evolving sensitive or emerging technologies that foreign 
     adversaries are targeting;
       (3) take account of relevant information concerning the 
     foreign person's employment or collaboration, to the extent 
     known, with--
       (A) foreign military and security related organizations 
     that are adversarial to the United States;
       (B) foreign institutions involved in the theft of United 
     States research;
       (C) entities involved in export control violations or the 
     theft of intellectual property;
       (D) a government that seeks to undermine the integrity and 
     security of the United States research community; or
       (E) other associations or collaborations that pose a 
     national security threat based on intelligence assessments; 
     and
       (4) weigh the proportionality of risks and the factors 
     listed in paragraphs (1) through (3).
       (c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Ineligibility for visas and admission to the united 
     states.--An alien described in subsection (a) may be--
       (A) inadmissible to the United States;
       (B) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (C) otherwise ineligible to be admitted or paroled into the 
     United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Current visas revoked.--
       (A) In general.--An alien described in subsection (a) is 
     subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (B) Immediate effect.--A revocation under subparagraph (A) 
     shall take effect immediately, and automatically cancel any 
     other valid visa or entry documentation that is in the 
     alien's possession, in accordance with section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)).
       (3) Exception to comply with international obligations.--
     The sanctions described in this subsection shall not apply 
     with respect to an alien if admitting or paroling the alien 
     into the United States is necessary to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, or other 
     applicable international obligations.
       (d) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter until the sunset date set forth in subsection (f), 
     the Secretary of State, in coordination with the Director of 
     National Intelligence, the Director of the Office of Science 
     and Technology Policy, the Secretary of Homeland Security, 
     the Secretary of Defense, the Secretary of Energy, the 
     Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Foreign 
     Relations of

[[Page S3643]]

     the Senate, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Oversight and Reform of the House of 
     Representatives that identifies--
       (1) any criteria, if relevant, used to determine whether an 
     alien is subject to sanctions under subsection (a);
       (2) the number of individuals determined to be subject to 
     sanctions under subsection (a), including the nationality of 
     each such individual and the reasons for each sanctions 
     determination; and
       (3) the number of days from the date of the consular 
     interview until a final decision is issued for each 
     application for a visa considered under this section, listed 
     by applicants' country of citizenship and relevant consulate.
       (e) Classification of Report.--Each report required under 
     subsection (d) shall be submitted, to the extent practicable, 
     in an unclassified form, but may be accompanied by a 
     classified annex.
       (f) Sunset.--This section shall cease to be effective on 
     the date that is 2 years after the date of the enactment of 
     this Act.

     SEC. __. PRIVACY AND CONFIDENTIALITY.

       Nothing in this title may be construed as affecting the 
     rights and requirements provided in section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974'') or subchapter III of chapter 35 of title 44, United 
     States Code (commonly known as the ``Confidential Information 
     Protection and Statistical Efficiency Act of 2018'').
                                 ______
                                 
  SA 5159. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON FUNDING FOR GAIN-OF-FUNCTION 
                   RESEARCH CONDUCTED IN CHINA.

       (a) In General.--No funds made available to any Federal 
     agency, including the National Institutes of Health, may be 
     used to conduct gain-of-function research in China.
       (b) Definition of Gain-of-function Research.--In this 
     section, the term ``gain-of-function research'' means any 
     research project that may be reasonably anticipated to confer 
     attributes to influenza, MERS, or SARS viruses such that the 
     virus would have enhanced pathogenicity or transmissibility 
     in mammals.
                                 ______
                                 
  SA 5160. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 3373, to improve the Iraq and Afghanistan Service 
Grant and the Children of Fallen Heroes Grant; which was ordered to lie 
on the table; as follows:

       Beginning on page 115, strike line 14 and all that follows 
     through page 117, line 23, and insert the following:
       ``(c) Authorization of Appropriations.--(1) There is 
     authorized to be appropriated to the Fund amounts specified 
     in paragraph (2) for investments in--
       ``(A) the delivery of veterans' health care associated with 
     exposure to environmental hazards in the active military, 
     naval, air, or space service in programs administered by the 
     Under Secretary for Health;
       ``(B) any expenses incident to the delivery of veterans' 
     health care and benefits associated with exposure to 
     environmental hazards in the active military, naval, air, or 
     space service, including administrative expenses, such as 
     information technology and claims processing and appeals, and 
     excluding leases as authorized or approved under section 8104 
     of this title; and
       ``(C) medical and other research relating to exposure to 
     environmental hazards.
       ``(2) The amounts specified in this paragraph are not more 
     than the following:
       ``(A) $1,400,000,000 for fiscal year 2023.
       ``(B) $5,400,000,000 for fiscal year 2024.
       ``(C) $7,000,000,000 for fiscal year 2025.
       ``(D) $11,300,000,000 for fiscal year 2026.
       ``(E) $13,100,000,000 for fiscal year 2027.
       ``(F) $15,900,000,000 for fiscal year 2028.
       ``(G) $17,900,000,000 for fiscal year 2029.
       ``(H) $21,200,000,000 for fiscal year 2030.
       ``(I) $23,400,000,000 for fiscal year 2031.
       ``(d) Budget Scorekeeping.--(1) Immediately upon enactment 
     of the Sergeant First Class Heath Robinson Honoring our 
     Promise to Address Comprehensive Toxics Act of 2022, expenses 
     authorized to be appropriated to the Fund in subsection (c) 
     shall be estimated for fiscal year 2023 and each subsequent 
     fiscal year through fiscal year 2031 and treated as budget 
     authority that is considered to be direct spending--
       ``(A) in the baseline for purposes of section 257 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 907);
       ``(B) by the Chairman of the Committee on the Budget of the 
     Senate and the Chair of the Committee on the Budget of the 
     House of Representatives, as appropriate, for purposes of 
     budget enforcement in the Senate and the House of 
     Representatives;
       ``(C) under the Congressional Budget Act of 1974 (2 U.S.C. 
     621 et seq.), including in the reports required by section 
     308(b) of such Act (2 U.S.C. 639); and
       ``(D) for purposes of the Statutory Pay-As-You-Go Act of 
     2010 (2 U.S.C. 931 et seq.).
       ``(2)(A) Except as provided in subparagraph (B), amounts 
     appropriated to the Fund for fiscal year 2023 through 2031, 
     pursuant to subsection (c) shall be counted as direct 
     spending under the Congressional Budget and Impoundment 
     Control Act of 1974 (2 U.S.C. 621 et seq.) and any other Act.
       ``(B) Any amounts appropriated to the Fund for a fiscal 
     year in excess of the amount specified under subsection 
     (c)(2) for that fiscal year shall be scored as discretionary 
     budget authority and outlays for any estimate of an 
     appropriations Act.
       ``(3) Notwithstanding the Budget Scorekeeping Guidelines 
     and the accompanying list of programs and accounts set forth 
     in the joint explanatory statement of the committee of 
     conference accompanying Conference Report 105-217, and for 
     purposes of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900 et seq.) and the Congressional 
     Budget Act of 1974 (2 U.S.C. 621 et seq.), the Fund shall be 
     treated, during the period beginning on the date of the 
     enactment of the Sergeant First Class Heath Robinson Honoring 
     our Promise to Address Comprehensive Toxics Act of 2022 and 
     ending on September 30, 2031, as if it were an account 
     designated as `Appropriated Entitlements and Mandatories for 
     Fiscal Year 1997' in the joint explanatory statement of the 
     committee of conference accompanying Conference Report 105-
     217.
                                 ______
                                 
  SA 5161. Mrs. FEINSTEIN (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed by her to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VI of division B, add the following:

        Subtitle Q--Driftnet Modernization and Bycatch Reduction

     SEC. 10791. SHORT TITLE.

       This subtitle may be cited as the ``Driftnet Modernization 
     and Bycatch Reduction Act''.

     SEC. 10792. DEFINITION.

       Section 3(25) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1802(25)) is amended by 
     inserting ``, or with a mesh size of 14 inches or greater,'' 
     after ``more''.

     SEC. 10793. FINDINGS AND POLICY.

       (a) Findings.--Section 206(b) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1826(b)) 
     is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(8) within the exclusive economic zone, large-scale 
     driftnet fishing that deploys nets with large mesh sizes 
     causes significant entanglement and mortality of living 
     marine resources, including myriad protected species, despite 
     limitations on the lengths of such nets.''.
       (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826(c)) is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) prioritize the phase out of large-scale driftnet 
     fishing in the exclusive economic zone and promote the 
     development and adoption of alternative fishing methods and 
     gear types that minimize the incidental catch of living 
     marine resources.''.

     SEC. 10794. TRANSITION PROGRAM.

       Section 206 of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1826) is amended by adding at 
     the end the following--
       ``(i) Fishing Gear Transition Program.--
       ``(1) In general.--During the 5-year period beginning on 
     the date of enactment of the Driftnet Modernization and 
     Bycatch Reduction Act, the Secretary shall conduct a 
     transition program to facilitate the phase-out of large-scale 
     driftnet fishing and adoption of alternative fishing 
     practices that minimize the incidental catch of living marine 
     resources, and shall award grants to eligible permit holders 
     who participate in the program.
       ``(2) Permissible uses.--Any permit holder receiving a 
     grant under paragraph (1) may use such funds only for the 
     purpose of covering--
       ``(A) any fee originally associated with a permit 
     authorizing participation in a large-scale driftnet fishery, 
     if such permit is surrendered for permanent revocation, and 
     such permit holder relinquishes any claim associated with the 
     permit;
       ``(B) a forfeiture of fishing gear associated with a permit 
     described in subparagraph (A); or
       ``(C) the purchase of alternative gear with minimal 
     incidental catch of living marine resources, if the fishery 
     participant is authorized to continue fishing using such 
     alternative gears.
       ``(3) Certification.--The Secretary shall certify that, 
     with respect to each participant in the program under this 
     subsection, any permit authorizing participation in a large-
     scale driftnet fishery has been permanently revoked and that 
     no new permits will be issued to authorize such fishing.''.

[[Page S3644]]

  


     SEC. 10795. EXCEPTION.

       Section 307(1)(M) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857(1)(M)) is 
     amended by inserting before the semicolon the following: ``, 
     unless such large-scale driftnet fishing--
       ``(i) deploys, within the exclusive economic zone, a net 
     with a total length of less than two and one-half kilometers 
     and a mesh size of 14 inches or greater; and
       ``(ii) is conducted within 5 years of the date of enactment 
     of the Driftnet Modernization and Bycatch Reduction Act''.

     SEC. 10796. FEES.

       (a) In General.--The North Pacific Fishery Management 
     Council may recommend, and the Secretary of Commerce may 
     approve, regulations necessary for the collection of fees 
     from charter vessel operators who guide recreational anglers 
     who harvest Pacific halibut in International Pacific Halibut 
     Commission regulatory areas 2C and 3A as those terms are 
     defined in part 300 of title 50, Code of Federal Regulations 
     (or any successor regulations).
       (b) Use of Fees.--Any fees collected under this section 
     shall be available for the purposes of--
       (1) financing administrative costs of the Recreational 
     Quota Entity program;
       (2) the purchase of halibut quota shares in International 
     Pacific Halibut Commission regulatory areas 2C and 3A by the 
     recreational quota entity authorized in part 679 of title 50, 
     Code of Federal Regulations (or any successor regulations);
       (3) halibut conservation and research; and
       (4) promotion of the halibut resource by the recreational 
     quota entity authorized in part 679 of title 50, Code of 
     Federal Regulations (or any successor regulations).
       (c) Limitation on Collection and Availability.--Fees shall 
     be collected and available pursuant to this section only to 
     the extent and in such amounts as provided in advance in 
     appropriations Acts, subject to subsection (d).
       (d) Fee Collected During Start-up Period.--Notwithstanding 
     subsection (c), fees may be collected through the date of 
     enactment of an Act making appropriations for the activities 
     authorized under this subtitle through September 30, 2022, 
     and shall be available for obligation and remain available 
     until expended.
                                 ______
                                 
  SA 5162. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REGULATORY OVERSIGHT AND REVIEW TASK FORCE.

       (a) Establishment.--There is established a task force to be 
     known as the ``Regulatory Oversight and Review Task Force'' 
     (referred to in this section as the ``Task Force'').
       (b) Membership.--
       (1) In general.--The Task Force shall be composed of--
       (A) the Director of the Office of Management and Budget, 
     who shall serve as the Chairperson of the Task Force and 
     shall be a non-voting, ex officio member of the Task Force;
       (B) 1 representative of the Office of Information and 
     Regulatory Affairs, who shall be a non-voting, ex officio 
     member of the Task Force; and
       (C) 16 individuals from the private sector, of whom--
       (i) 4 shall be appointed by the majority leader of the 
     Senate;
       (ii) 4 shall be appointed by the minority leader of the 
     Senate;
       (iii) 4 shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) 4 shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Qualifications of private sector members.--
       (A) Expertise.--Each member of the Task Force appointed 
     under paragraph (1)(C) shall be an individual with expertise 
     in Federal regulatory policy, Federal regulatory compliance, 
     economics, law, or business management.
       (B) Small business concerns.--Not fewer than 2 of the 
     members of the Task Force appointed under each clause of 
     paragraph (1)(C) shall be representatives of a small business 
     concern, as defined in section 3 of the Small Business Act 
     (15 U.S.C. 632).
       (C) Political affiliation.--Not more than 2 of the members 
     of the Task Force appointed under each clause of paragraph 
     (1)(C) may be affiliated with the same political party.
       (c) Consultation With GAO.--In carrying out its functions 
     under this section, the Task Force shall consult with the 
     Government Accountability Office.
       (d) No Compensation.--A member of the Task Force may not 
     receive any compensation for serving on the Task Force.
       (e) Staff.--
       (1) Designation of existing staff.--The Director of the 
     Office of Management and Budget may designate employees of 
     the Office of Management and Budget, including employees of 
     the Office of Information and Regulatory Affairs, as 
     necessary to help the Task Force carry out its duties under 
     this section.
       (2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to authorize the provision of any additional 
     compensation to an employee designated under that paragraph.
       (f) Evaluation of Regulations and Guidance.--The Task Force 
     shall evaluate, and provide recommendations for modification, 
     consolidation, harmonization, or repeal of, Federal 
     regulations or guidance that--
       (1) exclude or otherwise inhibit competition, causing 
     industries of the United States to be less competitive with 
     global competitors;
       (2) create barriers to entry for United States businesses, 
     including entrepreneurs and startups;
       (3) increase the operating costs for domestic 
     manufacturing;
       (4) impose substantial compliance costs and other burdens 
     on industries of the United States, making those industries 
     less competitive with global competitors;
       (5) impose burdensome and lengthy permitting processes and 
     requirements;
       (6) impact energy production by United States businesses 
     and make the United States dependent on foreign countries for 
     energy supply;
       (7) restrict domestic mining, including the mining of 
     critical minerals; or
       (8) inhibit capital formation in the economy of the United 
     States.
       (g) Website.--The Task Force shall establish and maintain a 
     user-friendly, public-facing website to be--
       (1) a portal for the submission of written comments under 
     subsection (i); and
       (2) a gateway for reports and key information.
       (h) Duty of Federal Agencies.--Upon request of the Task 
     Force, a Federal agency shall provide applicable documents 
     and information to help the Task Force carry out its 
     functions under this section.
       (i) Written Recommendations.--
       (1) In general.-- Not later than 15 days after the first 
     meeting of the Task Force, the Task Force shall initiate a 
     process to solicit and collect written recommendations 
     regarding regulations or guidance described in subsection (f) 
     from the general public, interested parties, Federal 
     agencies, and other relevant entities.
       (2) Manner of submission.--The Task Force shall allow 
     written recommendations under paragraph (1) to be submitted 
     through--
       (A) the website of the Task Force;
       (B) regulations.gov;
       (C) the mail; or
       (D) other appropriate written means.
       (3) Publication.--The Task Force shall publish each 
     recommendation submitted under paragraph (1)--
       (A) in the Federal Register;
       (B) on the website of the Task Force; and
       (C) on regulations.gov.
       (4) Public outreach.--In addition to soliciting and 
     collecting written recommendations under paragraph (1), the 
     Task Force shall conduct public outreach and convene focus 
     groups in geographically diverse areas throughout the United 
     States to solicit feedback and public comments regarding 
     regulations or guidance described in subsection (f).
       (5) Review and consideration.--The Task Force shall review 
     the information received under paragraphs (1) and (4) and 
     consider including that information in the reports and 
     special message required under subsections (j) and (k), 
     respectively.
       (j) Reports.--
       (1) In general.--The Task Force shall submit quarterly and 
     annual reports to Congress on the findings of the Task Force 
     under this section.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall--
       (A) analyze the Federal regulations or guidance identified 
     in accordance with subsection (f); and
       (B) provide recommendations for modifications, 
     consolidation, harmonization, and repeal of the regulations 
     or guidance described in subparagraph (A) of this paragraph.
       (3) Majority vote required.--The Task Force may only 
     include a finding or recommendation in a report submitted 
     under paragraph (1) if a majority of the members of the Task 
     Force have approved the finding or recommendation.
       (k) Special Message to Congress.--
       (1) Definition.--In this subsection, the term ``covered 
     resolution'' means a joint resolution--
       (A) the matter after the resolving clause of which contains 
     only--
       (i) a list of some or all of the regulations or guidance 
     that were recommended for repeal in a special message 
     submitted to Congress under paragraph (2); and
       (ii) a provision that immediately repeals the listed 
     regulations or guidance upon enactment of the joint 
     resolution; and
       (B) upon which Congress completes action before the end of 
     the first period of 60 calendar days after the date on which 
     the special message described in subparagraph (A)(i) of this 
     paragraph is received by Congress.
       (2) Submission.--
       (A) In general.--Not later than the first day on which both 
     Houses of Congress are in session after May 1 of each year, 
     the Director of the Office of Management and Budget shall 
     submit to Congress, on behalf of the Task Force, a special 
     message that--
       (i) details each regulation or guidance document that the 
     Task Force recommends for repeal; and
       (ii) explains why each regulation or guidance document 
     should be repealed.
       (B) Delivery to house and senate; printing.--Each special 
     message submitted under subparagraph (A) shall be--

[[Page S3645]]

       (i) delivered to the Clerk of the House of Representatives 
     and the Secretary of the Senate; and
       (ii) printed in the Congressional Record.
       (3) Procedure in house and senate.--
       (A) Referral.--A covered resolution shall be referred to 
     the appropriate committee of the House of Representatives or 
     the Senate, as the case may be.
       (B) Discharge of committee.--If the committee to which a 
     covered resolution has been referred has not reported the 
     resolution at the end of 25 calendar days after the 
     introduction of the resolution--
       (i) the committee shall be discharged from further 
     consideration of the resolution; and
       (ii) the resolution shall be placed on the appropriate 
     calendar.
       (4) Floor consideration in the house.--
       (A) Motion to proceed.--
       (i) In general.--When the committee of the House of 
     Representatives has reported, or has been discharged from 
     further consideration of, a covered resolution, it shall at 
     any time thereafter be in order (even though a previous 
     motion to the same effect has been disagreed to) to move to 
     proceed to the consideration of the resolution.
       (ii) Privilege.--A motion described in clause (i) shall be 
     highly privileged and not debatable.
       (iii) No amendment or motion to reconsider.--An amendment 
     to a motion described in clause (i) shall not be in order, 
     nor shall it be in order to move to reconsider the vote by 
     which the motion is agreed to or disagreed to.
       (B) Debate.--
       (i) In general.--Debate in the House of Representatives on 
     a covered resolution shall be limited to not more than 2 
     hours, which shall be divided equally between those favoring 
     and those opposing the resolution.
       (ii) No motion to reconsider.--It shall not be in order in 
     the House of Representatives to move to reconsider the vote 
     by which a covered resolution is agreed to or disagreed to.
       (C) No motion to postpone consideration or proceed to 
     consideration of other business.--In the House of 
     Representatives, motions to postpone, made with respect to 
     the consideration of a covered resolution, and motions to 
     proceed to the consideration of other business, shall not be 
     in order.
       (D) Appeals from decisions of chair.--An appeal from the 
     decision of the Chair relating to the application of the 
     Rules of the House of Representatives to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (5) Floor consideration in the senate.--
       (A) Motion to proceed.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, when the committee of the Senate to 
     which a covered resolution is referred has reported, or has 
     been discharged from further consideration of, a covered 
     resolution, it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution and all points of order against the covered 
     resolution are waived.
       (ii) Division of time.--A motion to proceed described in 
     clause (i) is subject to 4 hours of debate divided equally 
     between those favoring and those opposing the covered 
     resolution.
       (iii) No amendment or motion to postpone or proceed to 
     other business.--A motion to proceed described in clause (i) 
     is not subject to--

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

       (B) Floor consideration.--
       (i) General.--In the Senate, a covered resolution shall be 
     subject to 10 hours of debate divided equally between those 
     favoring and those opposing the covered resolution.
       (ii) Amendments.--In the Senate, no amendment to a covered 
     resolution shall be in order, except an amendment that 
     strikes from or adds to the list required under paragraph 
     (1)(A)(i) a regulation or guidance document recommended for 
     repeal by the Task Force.
       (iii) Motions and appeals.--In the Senate, a motion to 
     reconsider a vote on final passage of a covered resolution 
     shall not be in order, and points of order, including 
     questions of relevancy, and appeals from the decision of the 
     Presiding Officer, shall be decided without debate.
       (6) Receipt of resolution from other house.--If, before 
     passing a covered resolution, one House receives from the 
     other a covered resolution--
       (A) the covered resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day on which it is received; 
     and
       (B) the procedures set forth in paragraph (4) or (5), as 
     applicable, shall apply in the receiving House to the covered 
     resolution received from the other House to the same extent 
     as those procedures apply to a covered resolution of the 
     receiving House.
       (7) Rules of the house of representatives and the senate.--
     Paragraphs (3) through (6) and this paragraph are enacted by 
     Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedures to be followed 
     in the House in the case of covered resolutions, and 
     supersede other rules only to the extent that they are 
     inconsistent with such other rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (l) Funding.--
       (1) No additional amounts authorized.--No additional 
     amounts are authorized to be appropriated to carry out this 
     section.
       (2) Other funding.--The Task Force shall use amounts 
     otherwise available to the Office of Management and Budget to 
     carry out this section.
                                 ______
                                 
  SA 5163. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 565, line 15, strike ``challenges and''.
       On page 565, line 21, strike ``challenges and''.
       On page 566, lines 20 and 21, strike ``challenges and''.
       On page 571, line 12, strike ``challenges and focus 
     areas.'' and insert ``focus areas.''.
       On page 571, strike lines 17 through 23 and insert the 
     following: ``a list of not more than 10 key technology focus 
     areas to guide activities under this subtitle.''.
       On page 572, strike lines 1 through 12.
       Beginning on page 573, strike line 17 and all that follows 
     through line 9 on page 574.
       On page 575, line 2, insert ``and'' after the semicolon.
       On page 575, strike lines 3 through 5.
       On page 575, strike lines 19 and 20.
       On page 576, lines 15 and 16, strike ``and the societal, 
     national, and geostrategic challenges''.
       On page 576, strike ``, including'' on line 19 and all that 
     follows through ``implications'' on line 21.
       On page 603, strike ``, including'' on line 5 and all that 
     follows through ``section 10387'' on line 7.
       On page 604, lines 4 and 5, strike ``the challenges and''.
       On page 609, line 17, strike ``challenges and''.
       On page 610, line 12, strike ``challenges and''.
       On page 610, line 20, strike ``challenges and''.
       On page 621, lines 22 and 23, strike ``challenges and''.
       On page 623, line 22, strike ``challenges and''.
                                 ______
                                 
  SA 5164. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CRITICAL MINERAL DEVELOPMENT.

       (a) Definitions.--In this section:
       (1) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (A) the Secretary of the Interior; or
       (B) the Secretary of Agriculture.
       (b) Review.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, each Secretary concerned shall 
     complete a review of all land under the jurisdiction of the 
     Secretary concerned that is subject to an administrative 
     withdrawal from mineral development.
       (2) Critical minerals.--
       (A) In general.--In carrying out the review under paragraph 
     (1), the Secretary concerned shall use data of the United 
     States Geological Survey and any other relevant Federal 
     agencies to determine whether any land identified under that 
     paragraph contains any critical mineral.
       (B) Solicitation of comments.--In carrying out subparagraph 
     (A), the Secretary concerned shall hold a comment period for 
     private sources to share data regarding whether any land 
     identified under paragraph (1) contains any critical mineral.
       (c) List.--At the end of the 90-day period described in 
     paragraph (1) of subsection (b), each Secretary concerned 
     shall submit to Congress a report containing a comprehensive 
     list of all land identified as subject to an administrative 
     withdrawal from mineral development, including information on 
     whether the land contains any critical mineral, as determined 
     under paragraph (2) of that subsection.
       (d) Rescission.--Not later than 90 days after the date on 
     which the Secretary concerned submits the report under 
     subsection (c), the administrative withdrawals for all land 
     determined under subsection (b)(2) to contain any critical 
     mineral shall be rescinded.
       (e) Automatic Withdrawal.--With respect to any parcel of 
     land under the jurisdiction of the Secretary concerned that 
     is subject to an administrative withdrawal from mineral

[[Page S3646]]

     development, if the Secretary does not submit a report under 
     subsection (c) with respect to that parcel by the deadline 
     described in subsection (b)(1), the administrative withdrawal 
     for that parcel shall automatically be rescinded.
                                 ______
                                 
  SA 5165. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Beginning on page 13, strike like 20 and all that follows 
     through line 7 on page 14, and insert the following:
       (3) Allocation authority.--
                                 ______
                                 
  SA 5166. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 51, strike lines 3 through 7.
                                 ______
                                 
  SA 5167. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 59, strike lines 7 through 10.
                                 ______
                                 
  SA 5168. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REGULATORY OVERSIGHT AND REVIEW TASK FORCE.

       (a) Establishment.--There is established a task force to be 
     known as the ``Regulatory Oversight and Review Task Force'' 
     (referred to in this section as the ``Task Force'').
       (b) Membership.--
       (1) In general.--The Task Force shall be composed of--
       (A) the Director of the Office of Management and Budget, 
     who shall serve as the Chairperson of the Task Force and 
     shall be a non-voting, ex officio member of the Task Force;
       (B) 1 representative of the Office of Information and 
     Regulatory Affairs, who shall be a non-voting, ex officio 
     member of the Task Force; and
       (C) 16 individuals from the private sector, of whom--
       (i) 4 shall be appointed by the majority leader of the 
     Senate;
       (ii) 4 shall be appointed by the minority leader of the 
     Senate;
       (iii) 4 shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) 4 shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Qualifications of private sector members.--
       (A) Expertise.--Each member of the Task Force appointed 
     under paragraph (1)(C) shall be an individual with expertise 
     in Federal regulatory policy, Federal regulatory compliance, 
     economics, law, or business management.
       (B) Small business concerns.--Not fewer than 2 of the 
     members of the Task Force appointed under each clause of 
     paragraph (1)(C) shall be representatives of a small business 
     concern, as defined in section 3 of the Small Business Act 
     (15 U.S.C. 632).
       (C) Political affiliation.--Not more than 2 of the members 
     of the Task Force appointed under each clause of paragraph 
     (1)(C) may be affiliated with the same political party.
       (c) Consultation With GAO.--In carrying out its functions 
     under this section, the Task Force shall consult with the 
     Government Accountability Office.
       (d) No Compensation.--A member of the Task Force may not 
     receive any compensation for serving on the Task Force.
       (e) Staff.--
       (1) Designation of existing staff.--The Director of the 
     Office of Management and Budget may designate employees of 
     the Office of Management and Budget, including employees of 
     the Office of Information and Regulatory Affairs, as 
     necessary to help the Task Force carry out its duties under 
     this section.
       (2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to authorize the provision of any additional 
     compensation to an employee designated under that paragraph.
       (f) Evaluation of Regulations and Guidance.--
       (1) Definition.--In this subsection, the term ``covered 
     entity'' has the meaning given the term in section 9901 of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
       (2) Evaluation.--The Task Force shall evaluate, and provide 
     recommendations for modification, consolidation, 
     harmonization, or repeal of, Federal regulations or guidance 
     that--
       (A) exclude or otherwise inhibit competition, causing a 
     covered entity of the United States to be less competitive 
     with global competitors;
       (B) create barriers to entry for covered entities of the 
     United States;
       (C) increase the operating costs for domestic manufacturing 
     of semiconductors;
       (D) impose substantial compliance costs and other burdens 
     on covered entities of the United States, making those 
     entities less competitive with global competitors;
       (E) impose burdensome and lengthy permitting processes and 
     requirements for covered entities of the United States; or
       (F) restrict domestic mining, including the mining of 
     critical minerals used for the manufacturing of 
     semiconductors.
       (g) Website.--The Task Force shall establish and maintain a 
     user-friendly, public-facing website to be--
       (1) a portal for the submission of written comments under 
     subsection (i); and
       (2) a gateway for reports and key information.
       (h) Duty of Federal Agencies.--Upon request of the Task 
     Force, a Federal agency shall provide applicable documents 
     and information to help the Task Force carry out its 
     functions under this section.
       (i) Written Recommendations.--
       (1) In general.-- Not later than 15 days after the first 
     meeting of the Task Force, the Task Force shall initiate a 
     process to solicit and collect written recommendations 
     regarding regulations or guidance described in subsection (f) 
     from the general public, interested parties, Federal 
     agencies, and other relevant entities.
       (2) Manner of submission.--The Task Force shall allow 
     written recommendations under paragraph (1) to be submitted 
     through--
       (A) the website of the Task Force;
       (B) regulations.gov;
       (C) the mail; or
       (D) other appropriate written means.
       (3) Publication.--The Task Force shall publish each 
     recommendation submitted under paragraph (1)--
       (A) in the Federal Register;
       (B) on the website of the Task Force; and
       (C) on regulations.gov.
       (4) Public outreach.--In addition to soliciting and 
     collecting written recommendations under paragraph (1), the 
     Task Force shall conduct public outreach and convene focus 
     groups in geographically diverse areas throughout the United 
     States to solicit feedback and public comments regarding 
     regulations or guidance described in subsection (f).
       (5) Review and consideration.--The Task Force shall review 
     the information received under paragraphs (1) and (4) and 
     consider including that information in the reports and 
     special message required under subsections (j) and (k), 
     respectively.
       (j) Reports.--
       (1) In general.--The Task Force shall submit quarterly and 
     annual reports to Congress on the findings of the Task Force 
     under this section.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall--
       (A) analyze the Federal regulations or guidance identified 
     in accordance with subsection (f); and
       (B) provide recommendations for modifications, 
     consolidation, harmonization, and repeal of the regulations 
     or guidance described in subparagraph (A) of this paragraph.
       (3) Majority vote required.--The Task Force may only 
     include a finding or recommendation in a report submitted 
     under paragraph (1) if a majority of the members of the Task 
     Force have approved the finding or recommendation.
       (k) Special Message to Congress.--
       (1) Definition.--In this subsection, the term ``covered 
     resolution'' means a joint resolution--
       (A) the matter after the resolving clause of which contains 
     only--
       (i) a list of some or all of the regulations or guidance 
     that were recommended for repeal in a special message 
     submitted to Congress under paragraph (2); and
       (ii) a provision that immediately repeals the listed 
     regulations or guidance upon enactment of the joint 
     resolution; and
       (B) upon which Congress completes action before the end of 
     the first period of 60 calendar days after the date on which 
     the special message described in subparagraph (A)(i) of this 
     paragraph is received by Congress.
       (2) Submission.--
       (A) In general.--Not later than the first day on which both 
     Houses of Congress are in session after May 1 of each year, 
     the Director of the Office of Management and Budget shall 
     submit to Congress, on behalf of the Task Force, a special 
     message that--
       (i) details each regulation or guidance document that the 
     Task Force recommends for repeal; and
       (ii) explains why each regulation or guidance document 
     should be repealed.
       (B) Delivery to house and senate; printing.--Each special 
     message submitted under subparagraph (A) shall be--
       (i) delivered to the Clerk of the House of Representatives 
     and the Secretary of the Senate; and
       (ii) printed in the Congressional Record.
       (3) Procedure in house and senate.--
       (A) Referral.--A covered resolution shall be referred to 
     the appropriate committee of the House of Representatives or 
     the Senate, as the case may be.

[[Page S3647]]

       (B) Discharge of committee.--If the committee to which a 
     covered resolution has been referred has not reported the 
     resolution at the end of 25 calendar days after the 
     introduction of the resolution--
       (i) the committee shall be discharged from further 
     consideration of the resolution; and
       (ii) the resolution shall be placed on the appropriate 
     calendar.
       (4) Floor consideration in the house.--
       (A) Motion to proceed.--
       (i) In general.--When the committee of the House of 
     Representatives has reported, or has been discharged from 
     further consideration of, a covered resolution, it shall at 
     any time thereafter be in order (even though a previous 
     motion to the same effect has been disagreed to) to move to 
     proceed to the consideration of the resolution.
       (ii) Privilege.--A motion described in clause (i) shall be 
     highly privileged and not debatable.
       (iii) No amendment or motion to reconsider.--An amendment 
     to a motion described in clause (i) shall not be in order, 
     nor shall it be in order to move to reconsider the vote by 
     which the motion is agreed to or disagreed to.
       (B) Debate.--
       (i) In general.--Debate in the House of Representatives on 
     a covered resolution shall be limited to not more than 2 
     hours, which shall be divided equally between those favoring 
     and those opposing the resolution.
       (ii) No motion to reconsider.--It shall not be in order in 
     the House of Representatives to move to reconsider the vote 
     by which a covered resolution is agreed to or disagreed to.
       (C) No motion to postpone consideration or proceed to 
     consideration of other business.--In the House of 
     Representatives, motions to postpone, made with respect to 
     the consideration of a covered resolution, and motions to 
     proceed to the consideration of other business, shall not be 
     in order.
       (D) Appeals from decisions of chair.--An appeal from the 
     decision of the Chair relating to the application of the 
     Rules of the House of Representatives to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (5) Floor consideration in the senate.--
       (A) Motion to proceed.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, when the committee of the Senate to 
     which a covered resolution is referred has reported, or has 
     been discharged from further consideration of, a covered 
     resolution, it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution and all points of order against the covered 
     resolution are waived.
       (ii) Division of time.--A motion to proceed described in 
     clause (i) is subject to 4 hours of debate divided equally 
     between those favoring and those opposing the covered 
     resolution.
       (iii) No amendment or motion to postpone or proceed to 
     other business.--A motion to proceed described in clause (i) 
     is not subject to--

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

       (B) Floor consideration.--
       (i) General.--In the Senate, a covered resolution shall be 
     subject to 10 hours of debate divided equally between those 
     favoring and those opposing the covered resolution.
       (ii) Amendments.--In the Senate, no amendment to a covered 
     resolution shall be in order, except an amendment that 
     strikes from or adds to the list required under paragraph 
     (1)(A)(i) a regulation or guidance document recommended for 
     repeal by the Task Force.
       (iii) Motions and appeals.--In the Senate, a motion to 
     reconsider a vote on final passage of a covered resolution 
     shall not be in order, and points of order, including 
     questions of relevancy, and appeals from the decision of the 
     Presiding Officer, shall be decided without debate.
       (6) Receipt of resolution from other house.--If, before 
     passing a covered resolution, one House receives from the 
     other a covered resolution--
       (A) the covered resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day on which it is received; 
     and
       (B) the procedures set forth in paragraph (4) or (5), as 
     applicable, shall apply in the receiving House to the covered 
     resolution received from the other House to the same extent 
     as those procedures apply to a covered resolution of the 
     receiving House.
       (7) Rules of the house of representatives and the senate.--
     Paragraphs (3) through (6) and this paragraph are enacted by 
     Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedures to be followed 
     in the House in the case of covered resolutions, and 
     supersede other rules only to the extent that they are 
     inconsistent with such other rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (l) Funding.--
       (1) No additional amounts authorized.--No additional 
     amounts are authorized to be appropriated to carry out this 
     section.
       (2) Other funding.--The Task Force shall use amounts 
     otherwise available to the Office of Management and Budget to 
     carry out this section.
                                 ______
                                 
  SA 5169. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:
        Strike subtitle G of title III of division B.

                                 ______
                                 
  SA 5170. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:
        Strike section 10391 of division B.

                                 ______
                                 
  SA 5171. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:
        On page 620, line 22, insert the following after the 
     period: ``In carrying out the activities of the Directorate, 
     the Director, in coordination with the Assistant Director, 
     shall consolidate existing offices and programs within the 
     Foundation, as of the date of enactment of this Act, to 
     ensure that there is no duplication of activities required 
     under this division.''.

                                 ______
                                 
  SA 5172. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. ___. AUDIT FOR DUPLICATE ACTIVITIES.

       The Secretary of Energy, the Secretary of Commerce, the 
     Director of the National Institute of Standards of 
     Technology, and the Director of the National Science 
     Foundation shall each, before implementing any provision of 
     this division, conduct an audit of the activities of the 
     Department of Energy, the Department of Commerce, the 
     National Institute of Standards and Technology, and the 
     National Science Foundation, respectively, to ensure that 
     there is no duplication of activities under this division 
     with the activities of such entities in effect on the day 
     before the date of the enactment of this Act.
                                 ______
                                 
  SA 5173. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:
        In division A, strike section 107 and insert the 
     following:

     SEC. 107. SPECIAL DEPRECIATION ALLOWANCE FOR QUALIFIED 
                   MANUFACTURING PROPERTY.

       (a) In General.--Section 168 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(n) Special Allowance for Qualified Manufacturing 
     Property.--
       ``(1) In general.--In the case of any qualified 
     manufacturing property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 100 percent of 
     the adjusted basis of such property, and
       ``(B) the adjusted basis of such property shall be reduced 
     by the amount of such deduction before computing the amount 
     otherwise allowable as a depreciation deduction under this 
     chapter for such taxable year and any subsequent taxable 
     year.
       ``(2) Qualified manufacturing property.--For purposes of 
     this subsection--
       ``(A) In general.--The term `qualified manufacturing 
     property' means any property--
       ``(i) which is tangible property,
       ``(ii) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable,
       ``(iii) which is--

       ``(I) constructed, reconstructed, or erected by the 
     taxpayer, or
       ``(II) acquired by the taxpayer if the original use of such 
     property commences with the taxpayer,

       ``(iv) which is integral to the operation of the 
     manufacturing facility (as defined in section 144(a)(12)), 
     and
       ``(v) the construction of which begins before January 1, 
     2028.
       ``(B) Buildings and structural components.--

[[Page S3648]]

       ``(i) In general.--The term `qualified manufacturing 
     property' includes any building or its structural components 
     which otherwise satisfy the requirements under subparagraph 
     (A).
       ``(ii) Exception.--Subclause (I) shall not apply with 
     respect to a building or portion of a building used for 
     offices, administrative services, or other functions 
     unrelated to manufacturing.
       ``(3) Exceptions.--
       ``(A) Alternative depreciation property.--Such term shall 
     not include any property described in subsection (k)(2)(D).
       ``(B) Tax-exempt bond-financed property.--Such term shall 
     not include any property any portion of which is financed 
     with the proceeds of any obligation the interest on which is 
     exempt from tax under section 103.
       ``(C) Election out.--If a taxpayer makes an election under 
     this subparagraph with respect to any class of property for 
     any taxable year, this subsection shall not apply to all 
     property in such class placed in service during such taxable 
     year.
       ``(4) Special rules.--For purposes of this subsection, 
     rules similar to the rules of subsection (k)(2)(E) shall 
     apply.
       ``(5) Allowance against alternative minimum tax.--For 
     purposes of this subsection, rules similar to the rules of 
     subsection (k)(2)(G) shall apply.
       ``(6) Recapture.--For purposes of this subsection, rules 
     similar to the rules under section 179(d)(10) shall apply 
     with respect to any qualified manufacturing property which 
     ceases to be qualified manufacturing property.''.
       (b) Coordination With Other Bonus Depreciation 
     Provisions.--
       (1) Section 168(k)(2) of the Internal Revenue Code of 1986 
     is amended by adding at the end the following new 
     subparagraph:
       ``(I) Coordination with qualified manufacturing property.--
     The term `qualified property' shall not include any property 
     to which subsection (n) applies.''.
       (2) Section 168(l)(3) of such Code is amended by adding at 
     the end the following new subparagraph:
       ``(E) Coordination with qualified manufacturing property.--
     The term `qualified second generation biofuel plant 
     property'shall not include any property to which subsection 
     (n) applies.''.
       (3) Section 168(m)(2)(B) of such Code is amended by adding 
     at the end the following new clause:
       ``(iv) Coordination with qualified manufacturing 
     property.--The term `qualified reuse and recycling 
     property'shall not include any property to which subsection 
     (n) applies.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 5174. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Beginning on page 25, strike lines 1 through 9, and insert 
     the following:
       (A) for fiscal year 2023, $25,000,000, to remain available 
     until September 30, 2023;
       (B) for fiscal year 2024, $25,000,000, to remain available 
     until September 30, 2024;
       (C) for fiscal year 2025, $50,000,000, to remain available 
     until September 30, 2025;
       (D) for fiscal year 2026, $50,000,000, to remain available 
     until September 30, 2026; and
       (E) for fiscal year 2027, $50,000,000, to remain available 
     until September 30, 2027.
                                 ______
                                 
  SA 5175. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Strike section 103(b)(2)(B)(ii) and insert the following:
       (ii) in subclause (IV)--

       (I) by striking ``under this subsection''; and
       (II) by striking the period at the end and inserting a 
     semicolon; and

                                 ______
                                 
  SA 5176. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 36, strike lines 7 through 24, and insert the 
     following:

       (I) in subclause (II), by striking ``is in the interest of 
     the United States'' and inserting ``is in the national 
     security interests of the United States''; and
       (II) in subclause (III), by striking ``and'' at the end;

       (ii) in clause (ii)(IV), by striking ``and'' at the end;
       (iii) by redesignating clause (iii) as clause (v); and
       (iv) by inserting after clause (ii) the following:
       ``(iii) the Secretary shall consider the type of 
     semiconductor technology produced by the covered entity and 
     whether that semiconductor technology advances the national 
     security interests of
                                 ______
                                 
  SA 5177. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Strike section 103(b)(2)(D)(i) and insert the following:
       (i) in clause (i)--

       (I) in subclause (II)--

       (aa) by striking ``is in the interest of the United 
     States'' and inserting ``is in the economic and national 
     security interests of the United States''; and
       (bb) by striking ``and'' at the end; amd

       (II) by adding at the end the following:
       ``(IV) conducts a market analysis of the type of 
     semiconductor technology produced with Federal financial 
     assistance received under this section and determines that 
     the production of such semiconductor will not produce an 
     overcapacity or contribute to a distortion of the market 
     price (determined at the time the analysis is conducted) of 
     such semiconductor;'';

                                 ______
                                 
  SA 5178. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Beginning on page 10, strike like 19 and all that follows 
     through line 12 on page 12, and insert the following:
       (A) In general.--
       (i) Amounts.--In addition to amounts otherwise available 
     for such purposes, there is appropriated to the Fund 
     established in subsection (a)(1), out of amounts in the 
     Treasury not otherwise appropriated--

       (I) for fiscal year 2022, $24,000,000,000, of which 
     $19,000,000,000 shall be for section 9902 of Public Law 116-
     283, $2,000,000,000 shall be for subsection (c) of section 
     9906 of Public Law 116-283, $2,500,000,000 shall be for 
     subsection (d) of section 9906 of Public Law 116-283, and 
     $500,000,000 shall be for subsections (e) and (f) of section 
     9906 of Public Law 116-283;
       (II) for fiscal year 2023, $7,000,000,000, of which 
     $5,000,000,000 shall be for section 9902 of Public Law 116-
     283 and $2,000,000,000 shall be for subsections (c), (d), 
     (e), and (f) of section 9906 of Public Law 116-283;
       (III) for fiscal year 2024, $6,300,000,000, of which 
     $5,000,000,000 shall be for section 9902 of Public Law 116-
     283 and $1,300,000,000 shall be for subsections (c), (d), 
     (e), and (f) of section 9906 of Public Law 116-283;
       (IV) for fiscal year 2025, $6,100,000,000, of which 
     $5,000,000,000 shall be for section 9902 of Public Law 116-
     283 and $1,100,000,000 shall be for subsections (c), (d), 
     (e), and (f) of section 9906 of Public Law 116-283; and
       (V) for fiscal year 2026, $6,600,000,000, of which 
     $5,000,000,000 shall be for section 9902 of Public Law 116- 
     283 and $1,600,000,000 shall be for subsections (c), (d), 
     (e), and (f) of section 9906 of Public Law 116-283.

       (ii) Return of funds.--Any amounts appropriated for a 
     fiscal year under clause (i) that have not been obligated by 
     the date that is 2 years after the last day of that fiscal 
     year shall be returned to the general fund of the Treasury.
                                 ______
                                 
  SA 5179. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                        DIVISION D--PIONEER ACT

     SEC. 20001. SHORT TITLE.

       This division may be cited as the ``Promoting Innovation 
     and Offering the Needed Escape from Exhaustive Regulations 
     Act'' or the ``PIONEER Act''.

     SEC. 20002. DEFINITIONS.

       In this division:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Office of Information and Regulatory 
     Affairs.
       (2) Agency; rule.--The terms ``agency'' and ``rule'' have 
     the meanings given those terms in section 551 of title 5, 
     United States Code.
       (3) Applicable agency.--The term ``applicable agency'' 
     means an agency that has jurisdiction over the enforcement or 
     implementation covered provision for which an applicant is 
     seeking a waiver under the Program.
       (4) Covered provision.--The term ``covered provision'' 
     means--
       (A) a rule, including a rule required to be issued under 
     law; or
       (B) guidance or any other document issued by an agency.
       (5) Director.--The term ``Director'' means the Director of 
     the Office.
       (6) Economic damage.--The term ``economic damage'' means a 
     risk that is likely to cause tangible, physical harm to the 
     property or assets of consumers.

[[Page S3649]]

       (7) Health or safety.--The term ``health or safety'', with 
     respect to a risk, means the risk is likely to cause bodily 
     harm to a human life, loss of human life, or an inability to 
     sustain the health or life of a human being.
       (8) Office.--The term ``Office'' means the Office of 
     Federal Regulatory Relief established under section 20003(a).
       (9) Program.--The term ``Program'' means the program 
     established under section 20004(a).
       (10) Unfair or deceptive trade practice.--The term ``unfair 
     or deceptive trade practice'' has the meaning given the term 
     in--
       (A) the Policy Statement of the Federal Trade Commission on 
     Deception, issued on October 14, 1983; and
       (B) the Policy Statement of the Federal Trade Commission on 
     Unfairness, issued on December 17, 1980.

     SEC. 20003. OFFICE OF FEDERAL REGULATORY RELIEF.

       (a) Establishment.--There is established within the Office 
     of Information and Regulatory Affairs within the Office of 
     Management and Budget an Office of Federal Regulatory Relief.
       (b) Director.--
       (1) In general.--The Office shall be headed by a Director, 
     who shall be the Administrator or a designee thereof, who 
     shall--
       (A) be responsible for--
       (i) establishing a regulatory sandbox program described in 
     section 20004;
       (ii) receiving Program applications and ensuring those 
     applications are complete;
       (iii) referring complete Program applications to the 
     applicable agencies;
       (iv) filing final Program application decisions from the 
     applicable agencies;
       (v) hearing appeals from applicants if their applications 
     are denied by an applicable agency in accordance with section 
     20004(c)(6); and
       (vi) designating staff to the Office as needed; and
       (B) not later than 180 days after the date of enactment of 
     this Act--
       (i) establish a process that is used to assess likely 
     health and safety risks, risks that are likely to cause 
     economic damage, and the likelihood for unfair or deceptive 
     practices to be committed against consumers related to 
     applications submitted for the Program, which shall be--

       (I) published in the Federal Register and made publicly 
     available with a detailed list of the criteria used to make 
     such determinations; and
       (II) subject to public comment before final publication in 
     the Federal Register; and

       (ii) establish the application process described in section 
     20004(c)(1).
       (2) Advisory boards.--
       (A) Establishment.--The Director shall require the head of 
     each agency to establish an advisory board, which shall--
       (i) be composed of 10 private sector representatives 
     appointed by the head of the agency--

       (I) with expertise in matters under the jurisdiction of the 
     agency, with not more than 5 representatives from the same 
     political party;
       (II) who shall serve for a period of not more than 3 years; 
     and
       (III) who shall not receive any compensation for 
     participation on the advisory board; and

       (ii) be responsible for providing input to the head of the 
     agency for each Program application received by the agency.
       (B) Vacancy.--A vacancy on an advisory board established 
     under subparagraph (A), including a temporary vacancy due to 
     a recusal under subparagraph (C)(ii), shall be filled in the 
     same manner as the original appointment with an individual 
     who meets the qualifications described in subparagraph 
     (A)(i)(I).
       (C) Conflict of interest.--
       (i) In general.--If a member of an advisory board 
     established under subparagraph (A) is also the member of the 
     board of an applicant that submits an application under 
     review by the advisory board, the head of the agency or a 
     designee thereof may appoint a temporary replacement for that 
     member.
       (ii) Financial interest.--Each member of an advisory board 
     established under subparagraph (A) shall recuse themselves 
     from advising on an application submitted under the Program 
     for which the member has a conflict of interest as described 
     in section 208 of title 18, United States Code.
       (D) Small business concerns.--Not less than 5 of the 
     members of each advisory board established under subparagraph 
     (A) shall be representatives of a small business concern, as 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632).
       (E) Rule of construction.--Nothing in this division shall 
     be construed to prevent an agency from establishing 
     additional advisory boards as needed to assist in reviewing 
     Program applications that involve multiple or unique 
     industries.

     SEC. 20004. REGULATORY SANDBOX PROGRAM.

       (a) In General.--The Director shall establish a regulatory 
     sandbox program under which applicable agencies shall grant 
     or deny waivers of covered provisions to temporarily test 
     products or services on a limited basis, or undertake a 
     project to expand or grow business facilities consistent with 
     the purpose described in subsection (b), without otherwise 
     being licensed or authorized to do so under that covered 
     provision.
       (b) Purpose.--The purpose of the Program is to incentivize 
     the success of current or new businesses, the expansion of 
     economic opportunities, the creation of jobs, and the 
     fostering of innovation.
       (c) Application Process for Waivers.--
       (1) In general.--The Office shall establish an application 
     process for the waiver of covered provisions, which shall 
     require that an application shall--
       (A) confirm that the applicant--
       (i) is subject to the jurisdiction of the Federal 
     Government; and
       (ii) has established or plans to establish a business that 
     is incorporated or has a principal place of business in the 
     United States from which their goods or services are offered 
     from and their required documents and data are maintained;
       (B) include relevant personal information such as the legal 
     name, address, telephone number, email address, and website 
     address of the applicant;
       (C) disclose any criminal conviction of the applicant or 
     other participating persons, if applicable;
       (D) contain a description of the good, service, or project 
     to be offered by the applicant for which the applicant is 
     requesting waiver of a covered provision by the Office under 
     the Program, including--
       (i) how the applicant is subject to licensing, 
     prohibitions, or other authorization requirements outside of 
     the Program;
       (ii) each covered provision that the applicant seeks to 
     have waived during participation in the Program;
       (iii) how the good, service, or project would benefit 
     consumers;
       (iv) what likely risks the participation of the applicant 
     in the Program may pose, and how the applicant intends to 
     reasonably mitigate those risks;
       (v) how participation in the Program would render the 
     offering of the good, service, or project successful;
       (vi) a description of the plan and estimated time periods 
     for the beginning and end of the offering of the good, 
     service, or project under the Program;
       (vii) a recognition that the applicant will be subject to 
     all laws and rules after the conclusion of the offering of 
     the good, service, or project under the Program;
       (viii) how the applicant will end the demonstration of the 
     offering of the good, service, or project under the Program;
       (ix) how the applicant will repair harm to consumers if the 
     offering of the good, service, or project under the Program 
     fails; and
       (x) a list of each agency that regulates the business of 
     the applicant; and
       (E) include any other information as required by the 
     Office.
       (2) Assistance.--The Office may, upon request, provide 
     assistance to an applicant to complete the application 
     process for a waiver under the Program, including by 
     providing the likely covered provisions that could be 
     eligible for such a waiver.
       (3) Agency review.--
       (A) Transmission.--Not later than 14 days after the date on 
     which the Office receives an application under paragraph (1), 
     the Office shall submit a copy of the application to each 
     applicable agency.
       (B) Review.--The head of an applicable agency, or a 
     designee thereof, shall review a Program application received 
     under subparagraph (A) with input from the advisory board 
     established under section 20003(b)(2).
       (C) Considerations.--In reviewing a copy of an application 
     submitted to an applicable agency under subparagraph (A), the 
     head of the applicable agency, or a designee thereof, with 
     input from the advisory board of the applicable agency 
     established under section 20003(b)(2), shall consider 
     whether--
       (i) the plan of the applicant to deploy their offering will 
     adequately protect consumers from harm;
       (ii) the likely health and safety risks, risks that are 
     likely to cause economic damage, and the likelihood for 
     unfair or deceptive practices to be committed against 
     consumers are outweighed by the potential benefits to 
     consumers from the offering of the applicant; and
       (iii) it is possible to provide the applicant a waiver even 
     if the Office does not waive every covered provision 
     requested by the applicant.
       (D) Final decision.--
       (i) In general.--Subject to clause (ii), the head of an 
     applicable agency, or a designee thereof, who receives a copy 
     of an application under subparagraph (A) shall, with the 
     consideration of the recommendations of the advisory board of 
     the applicable agency established under section 20003(b)(2), 
     make the final decision to grant or deny the application.
       (ii) In part approval.--

       (I) In general.--If more than 1 applicable agency receives 
     a copy of an application under subparagraph (A)--

       (aa) the head of each applicable agency (or their 
     designees), with input from the advisory board of the 
     applicable agency established under section 20003(b)(2), 
     shall grant or deny the waiver of the covered provisions over 
     which the applicable agency has jurisdiction for enforcement 
     or implementation; and
       (bb) if each applicable agency that receives an application 
     under subparagraph (A) grants the waiver under item (aa), the 
     Director shall grant the entire application.

       (II) In part approval by director.--If an applicable agency 
     denies part of an application under subclause (I) but another 
     applicable agency grants part of the application, the 
     Director shall approve the application in

[[Page S3650]]

     part and specify in the final decision which covered 
     provisions are waived.

       (E) Record of decision.--
       (i) In general.--Not later than 180 days after receiving a 
     copy of an application under subparagraph (A), an applicable 
     agency shall approve or deny the application and submit to 
     the Director a record of the decision, which shall include a 
     description of each likely health and safety risk, each risk 
     that is likely to cause economic damage, and the likelihood 
     for unfair or deceptive practices to be committed against 
     consumers that the covered provision the applicant is seeking 
     to have waived protects against, and--

       (I) if the application is approved, a description of how 
     the identifiable, significant harms will be mitigated and how 
     consumers will be protected under the waiver;
       (II) if the applicable agency denies the waiver, a 
     description of the reasons for the decision, including why a 
     waiver would likely cause health and safety risks, likely 
     cause economic damage, and increase the likelihood for unfair 
     or deceptive practices to be committed against consumers, and 
     the likelihood of such risks occurring, as well as reasons 
     why the application cannot be approved in part or reformed to 
     mitigate such risks; and
       (III) if the applicable agency determines that a waiver 
     would likely cause health and safety risks, likely cause 
     economic damage, and there is likelihood for unfair or 
     deceptive practices to be committed against consumers as a 
     result of the covered provision that an applicant is 
     requesting to have waived, but the applicable agency 
     determines such risks can be protected through less 
     restrictive means than denying the application, the 
     applicable agency shall provide a recommendation of how that 
     can be achieved.

       (ii) No record submitted.--If the applicable agency does 
     not submit a record of the decision with respect to an 
     application for a waiver submitted to the applicable agency, 
     the Office shall assume that the applicable agency does not 
     object to the granting of the waiver.
       (iii) Extension.--The applicable agency may request one 30-
     day extension of the deadline for a record of decision under 
     clause (i).
       (iv) Expedited review.--If the applicable agency provides a 
     recommendation described in clause (i)(III), the Office shall 
     provide the applicant with a 60-day period to make necessary 
     changes to the application, and the applicant may resubmit 
     the application to the applicable agency for expedited review 
     over a period of not more than 60 days.
       (4) Nondiscrimination.--In considering an application for a 
     waiver, an applicable agency shall not unreasonably 
     discriminate among applications under the Program or resort 
     to any unfair or unjust discrimination for any reason.
       (5) Fee.--The Office may collect an application fee from 
     each applicant under the Program, which--
       (A) shall be in a fair amount and reflect the cost of the 
     service provided;
       (B) shall be deposited in the general fund of the Treasury 
     and allocated to the Office, subject to appropriations; and
       (C) shall not be increased more frequently than once every 
     2 years.
       (6) Written agreement.--If each applicable agency grants a 
     waiver requested in an application submitted under paragraph 
     (1), the waiver shall not be effective until the applicant 
     enters into a written agreement with the Office that 
     describes each covered provision that is waived under the 
     Program.
       (7) Limitation.--An applicable agency may not waive under 
     the Program any tax, fee, or charge imposed by the Federal 
     Government.
       (8) Appeals.--
       (A) In general.--If an applicable agency denies an 
     application under paragraph (3)(E), the applicant may submit 
     to the Office 1 appeal for reconsideration, which shall--
       (i) address the comments of the applicable agency that 
     resulted in denial of the application; and
       (ii) include how the applicant plans to mitigate the likely 
     risks identified by the applicable agency.
       (B) Office response.--Not later than 60 days after 
     receiving an appeal under subparagraph (A), the Director 
     shall--
       (i) determine whether the appeal sufficiently addresses the 
     concerns of the applicable agency; and
       (ii)(I) if the Director determines that the appeal 
     sufficiently addresses the concerns of the applicable agency, 
     file a record of decision detailing how the concerns have 
     been remedied and approve the application; or
       (II) if the Director determines that the appeal does not 
     sufficiently address the concerns of the applicable agency, 
     file a record of decision detailing how the concerns have not 
     been remedied and deny the application.
       (9) Nondiscrimination.--The Office shall not unreasonably 
     discriminate among applications under the Program or resort 
     to any unfair or unjust discrimination for any reason in the 
     implementation of the Program.
       (10) Judicial review.--
       (A) Record of decision.--A record of decision described in 
     paragraph (3)(E) or (8)(B) shall be considered a final agency 
     action for purposes of review under section 704 of title 5, 
     United States Code.
       (B) Limitation.--A reviewing court considering claims made 
     against a final agency action under this division shall be 
     limited to whether the agency acted in accordance with the 
     requirements set forth under this division.
       (C) Right to judicial review.--Nothing in this paragraph 
     shall be construed to establish a right to judicial review 
     under this division.
       (d) Period of Waiver.--
       (1) Initial period.--Except as provided in this subsection, 
     a waiver granted under the Program shall be for a term of 2 
     years.
       (2) Continuance.--The Office may continue a waiver granted 
     under the Program for a maximum of 4 additional periods of 2 
     years as determined by the Office.
       (3) Notification.--Not later than 30 days before the end of 
     an initial waiver period under paragraph (1), an entity that 
     is granted a waiver under the Program shall notify the Office 
     if the entity intends to seek a continuance under paragraph 
     (2).
       (4) Revocation.--
       (A) Significant harm.--If the Office determines that an 
     entity that was granted a waiver under the Program is causing 
     significant harm to the health or safety of the public, 
     inflicting severe economic damage on the public, or engaging 
     in unfair or deceptive practices, the Office may immediately 
     end the participation of the entity in the Program by 
     revoking the waiver.
       (B) Compliance.--If the Office determines that an entity 
     that was granted a waiver under the Program is not in 
     compliance with the terms of the Program, the Office shall 
     give the entity 30 days to correct the action, and if the 
     entity does not correct the action by the end of the 30-day 
     period, the Office may end the participation of the entity in 
     the Program by revoking the waiver.
       (e) Terms.--An entity for which a waiver is granted under 
     the Program shall be subject to the following terms:
       (1) A covered provision may not be waived if the waiver 
     would prevent a consumer from seeking actual damages or an 
     equitable remedy in the event that a consumer is harmed.
       (2) While a waiver is in use, the entity shall not be 
     subject to the criminal or civil enforcement of a covered 
     provision identified in the waiver.
       (3) An agency may not file or pursue any punitive action 
     against a participant during the period for which the waiver 
     is in effect, including a fine or license suspension or 
     revocation for the violation of a covered provision 
     identified in the waiver.
       (4) The entity shall not have immunity related to any 
     criminal offense committed during the period for which the 
     waiver is in effect.
       (5) The Federal Government shall not be responsible for any 
     business losses or the recouping of application fees if the 
     waiver is denied or the waiver is revoked at any time.
       (f) Consumer Protection.--
       (1) In general.--Before distributing an offering to 
     consumers under a waiver granted under the Program, and 
     throughout the duration of the waiver, an entity shall 
     publicly disclose the following to consumers:
       (A) The name and contact information of the entity.
       (B) That the entity has been granted a waiver under the 
     Program, and if applicable, that the entity does not have a 
     license or other authorization to provide an offering under 
     covered provisions outside of the waiver.
       (C) If applicable, that the offering is undergoing testing 
     and may not function as intended and may expose the consumer 
     to certain risks as identified in the record of decision of 
     the applicable agency submitted under section 20004(c)(3)(E).
       (D) That the entity is not immune from civil liability for 
     any losses or damages caused by the offering.
       (E) That the entity is not immune from criminal prosecution 
     for violation of covered provisions that are not suspended 
     under the waiver.
       (F) That the offering is a temporary demonstration and may 
     be discontinued at the end of the initial period under 
     subsection (d)(1).
       (G) The expected commencement date of the initial period 
     under subsection (d)(1).
       (H) The contact information of the Office and that the 
     consumer may contact the Office and file a complaint.
       (2) Online offering.--With respect to an offering provided 
     over the internet under the Program, the consumer shall 
     acknowledge receipt of the disclosures required under 
     paragraph (1) before any transaction is completed.
       (g) Record Keeping.--
       (1) In general.--An entity that is granted a waiver under 
     this section shall retain records, documents, and data 
     produced that is directly related to the participation of the 
     entity in the Program.
       (2) Notification before ending offering.--If an applicant 
     decides to end their offering before the initial period ends 
     under subsection (d)(1), the applicant shall submit to the 
     Office and the applicable agency a report on actions taken to 
     ensure consumers have not been harmed as a result.
       (3) Request for documents.--The Office may request records, 
     documents, and data from an entity that is granted a waiver 
     under this section that is directly related to the 
     participation of the entity in the Program, and upon the 
     request, the applicant shall make such records, documents, 
     and data available for inspection by the Office.
       (4) Notification of incidents.--An entity that is granted a 
     waiver under this section shall notify the Office and any 
     applicable

[[Page S3651]]

     agency of any incident that results in harm to the health or 
     safety of consumers, severe economic damage, or an unfair or 
     deceptive practice under the Program not later than 72 hours 
     after the incident occurs.
       (h) Reports.--
       (1) Entities granted a waiver.--
       (A) In general.--Any entity that is granted a waiver under 
     this section shall submit to the Office reports that 
     include--
       (i) how many consumers are participating in the good, 
     service, or project offered by the entity under the Program;
       (ii) an assessment of the likely risks and how mitigation 
     is taking place;
       (iii) any previously unrealized risks that have manifested; 
     and
       (iv) a description of any adverse incidents and the ensuing 
     process taken to repair any harm done to consumers.
       (B) Timing.--An entity shall submit a report required under 
     subparagraph (A)--
       (i) 10 days after 30 days elapses from commencement of the 
     period for which a waiver is granted under the Program;
       (ii) 30 days after the halfway mark of the period described 
     in clause (i); and
       (iii) 30 days before the expiration of the period described 
     in subsection (d)(1).
       (2) Annual report by director.--The Director shall submit 
     to Congress an annual report on the Program, which shall 
     include, for the year covered by the report--
       (A) the number of applications approved;
       (B) the name and description of each entity that was 
     granted a waiver under the Program;
       (C) any benefits realized to the public from the Program; 
     and
       (D) any harms realized to the public from the Program.
       (i) Special Message to Congress.--
       (1) Definition.--In this subsection, the term ``covered 
     resolution'' means a joint resolution--
       (A) the matter after the resolving clause of which contains 
     only--
       (i) a list of some or all of the covered provisions that 
     were recommended for repeal under paragraph (2)(A)(ii) in a 
     special message submitted to Congress under that paragraph; 
     and
       (ii) a provision that immediately repeals the listed 
     covered provisions described in paragraph (2)(A)(ii) upon 
     enactment of the joint resolution; and
       (B) upon which Congress completes action before the end of 
     the first period of 60 calendar days after the date on which 
     the special message described in subparagraph (A)(i) of this 
     paragraph is received by Congress.
       (2) Submission.--
       (A) In general.--Not later than the first day on which both 
     Houses of Congress are in session after May 1 of each year, 
     the Director shall submit to Congress a special message 
     that--
       (i) details each covered provision that the Office 
     recommends should be amended or repealed as a result of 
     entities being able to operate safely without those covered 
     provisions during the Program;
       (ii) lists any covered provision that should be repealed as 
     a result of having been waived for a period of not less than 
     6 years during the Program; and
       (iii) explains why each covered provision described in 
     clauses (i) and (ii) should be amended or repealed.
       (B) Delivery to house and senate; printing.--Each special 
     message submitted under subparagraph (A) shall be--
       (i) delivered to the Clerk of the House of Representatives 
     and the Secretary of the Senate; and
       (ii) printed in the Congressional Record.
       (3) Procedure in house and senate.--
       (A) Referral.--A covered resolution shall be referred to 
     the appropriate committee of the House of Representatives or 
     the Senate, as the case may be.
       (B) Discharge of committee.--If the committee to which a 
     covered resolution has been referred has not reported the 
     resolution at the end of 25 calendar days after the 
     introduction of the resolution--
       (i) the committee shall be discharged from further 
     consideration of the resolution; and
       (ii) the resolution shall be placed on the appropriate 
     calendar.
       (4) Floor consideration in the house.--
       (A) Motion to proceed.--
       (i) In general.--When the committee of the House of 
     Representatives has reported, or has been discharged from 
     further consideration of, a covered resolution, it shall at 
     any time thereafter be in order (even though a previous 
     motion to the same effect has been disagreed to) to move to 
     proceed to the consideration of the resolution.
       (ii) Privilege.--A motion described in clause (i) shall be 
     highly privileged and not debatable.
       (iii) No amendment or motion to reconsider.--An amendment 
     to a motion described in clause (i) shall not be in order, 
     nor shall it be in order to move to reconsider the vote by 
     which the motion is agreed to or disagreed to.
       (B) Debate.--
       (i) In general.--Debate in the House of Representatives on 
     a covered resolution shall be limited to not more than 2 
     hours, which shall be divided equally between those favoring 
     and those opposing the resolution.
       (ii) No motion to reconsider.--It shall not be in order in 
     the House of Representatives to move to reconsider the vote 
     by which a covered resolution is agreed to or disagreed to.
       (C) No motion to postpone consideration or proceed to 
     consideration of other business.--In the House of 
     Representatives, motions to postpone, made with respect to 
     the consideration of a covered resolution, and motions to 
     proceed to the consideration of other business, shall not be 
     in order.
       (D) Appeals from decisions of chair.--An appeal from the 
     decision of the Chair relating to the application of the 
     Rules of the House of Representatives to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (5) Floor consideration in the senate.--
       (A) Motion to proceed.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, when the committee of the Senate to 
     which a covered resolution is referred has reported, or has 
     been discharged from further consideration of, a covered 
     resolution, it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution and all points of order against the covered 
     resolution are waived.
       (ii) Division of time.--A motion to proceed described in 
     clause (i) is subject to 4 hours of debate divided equally 
     between those favoring and those opposing the covered 
     resolution.
       (iii) No amendment or motion to postpone or proceed to 
     other business.--A motion to proceed described in clause (i) 
     is not subject to--

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

       (B) Floor consideration.--
       (i) General.--In the Senate, a covered resolution shall be 
     subject to 10 hours of debate divided equally between those 
     favoring and those opposing the covered resolution.
       (ii) Amendments.--In the Senate, no amendment to a covered 
     resolution shall be in order, except an amendment that 
     strikes from or adds to the list required under paragraph 
     (1)(A)(i) a covered provision recommended for amendment or 
     repeal by the Office.
       (iii) Motions and appeals.--In the Senate, a motion to 
     reconsider a vote on final passage of a covered resolution 
     shall not be in order, and points of order, including 
     questions of relevancy, and appeals from the decision of the 
     Presiding Officer, shall be decided without debate.
       (6) Receipt of resolution from other house.--If, before 
     passing a covered resolution, one House receives from the 
     other a covered resolution--
       (A) the covered resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day on which it is received; 
     and
       (B) the procedures set forth in paragraph (4) or (5), as 
     applicable, shall apply in the receiving House to the covered 
     resolution received from the other House to the same extent 
     as those procedures apply to a covered resolution of the 
     receiving House.
       (7) Rules of the house of representatives and the senate.--
     Paragraphs (3) through (7) are enacted by Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedures to be followed 
     in the House in the case of covered resolutions, and 
     supersede other rules only to the extent that they are 
     inconsistent with such other rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (j) Rule of Construction.--Nothing in this section shall be 
     construed to--
       (1) require an entity that is granted a waiver under this 
     section to publicly disclose proprietary information, 
     including trade secrets or commercial or financial 
     information that is privileged or confidential; or
       (2) affect any other provision of law or regulation 
     applicable to an entity that is not included in a waiver 
     provided under this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office to carry out this section an 
     amount that is not more than the amount of funds deposited 
     into the Treasury from the fees collected under subsection 
     (c)(3).
                                 ______
                                 
  SA 5180. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                        DIVISION D--PIONEER ACT

     SEC. 20001. SHORT TITLE.

       This division may be cited as the ``Promoting Innovation 
     and Offering the Needed Escape from Exhaustive Regulations 
     Act'' or the ``PIONEER Act''.

     SEC. 20002. DEFINITIONS.

       In this division:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Office of Information and Regulatory 
     Affairs.

[[Page S3652]]

       (2) Agency; rule.--The terms ``agency'' and ``rule'' have 
     the meanings given those terms in section 551 of title 5, 
     United States Code.
       (3) Applicable agency.--The term ``applicable agency'' 
     means an agency that has jurisdiction over the enforcement or 
     implementation covered provision for which a covered entity 
     is seeking a waiver under the Program.
       (4) Covered entity.--The term ``covered entity'' has the 
     meaning given the term in section 9901 of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (15 U.S.C. 4651).
       (5) Covered provision.--The term ``covered provision'' 
     means--
       (A) a rule, including a rule required to be issued under 
     law; or
       (B) guidance or any other document issued by an agency.
       (6) Director.--The term ``Director'' means the Director of 
     the Office.
       (7) Economic damage.--The term ``economic damage'' means a 
     risk that is likely to cause tangible, physical harm to the 
     property or assets of consumers.
       (8) Health or safety.--The term ``health or safety'', with 
     respect to a risk, means the risk is likely to cause bodily 
     harm to a human life, loss of human life, or an inability to 
     sustain the health or life of a human being.
       (9) Office.--The term ``Office'' means the Office of 
     Federal Regulatory Relief for Semiconductor Manufacturing 
     established under section 20003(a).
       (10) Program.--The term ``Program'' means the program 
     established under section 20004(a).
       (11) Unfair or deceptive trade practice.--The term ``unfair 
     or deceptive trade practice'' has the meaning given the term 
     in--
       (A) the Policy Statement of the Federal Trade Commission on 
     Deception, issued on October 14, 1983; and
       (B) the Policy Statement of the Federal Trade Commission on 
     Unfairness, issued on December 17, 1980.

     SEC. 20003. OFFICE OF FEDERAL REGULATORY RELIEF FOR 
                   SEMICONDUCTOR MANUFACTURING.

       (a) Establishment.--There is established within the Office 
     of Information and Regulatory Affairs within the Office of 
     Management and Budget an Office of Federal Regulatory Relief.
       (b) Director.--
       (1) In general.--The Office shall be headed by a Director, 
     who shall be the Administrator or a designee thereof, who 
     shall--
       (A) be responsible for--
       (i) establishing a regulatory sandbox program described in 
     section 20004;
       (ii) receiving Program applications and ensuring those 
     applications are complete;
       (iii) referring complete Program applications to the 
     applicable agencies;
       (iv) filing final Program application decisions from the 
     applicable agencies;
       (v) hearing appeals from covered entities if their 
     applications are denied by an applicable agency in accordance 
     with section 20004(c)(6); and
       (vi) designating staff to the Office as needed; and
       (B) not later than 180 days after the date of enactment of 
     this Act--
       (i) establish a process that is used to assess likely 
     health and safety risks, risks that are likely to cause 
     economic damage, and the likelihood for unfair or deceptive 
     practices to be committed against consumers related to 
     applications submitted for the Program, which shall be--

       (I) published in the Federal Register and made publicly 
     available with a detailed list of the criteria used to make 
     such determinations; and
       (II) subject to public comment before final publication in 
     the Federal Register; and

       (ii) establish the application process described in section 
     20004(c)(1).
       (2) Advisory boards.--
       (A) Establishment.--The Director shall require the head of 
     each agency to establish an advisory board, which shall--
       (i) be composed of 10 private sector representatives 
     appointed by the head of the agency--

       (I) with expertise in matters under the jurisdiction of the 
     agency, with not more than 5 representatives from the same 
     political party;
       (II) who shall serve for a period of not more than 3 years; 
     and
       (III) who shall not receive any compensation for 
     participation on the advisory board; and

       (ii) be responsible for providing input to the head of the 
     agency for each Program application received by the agency.
       (B) Vacancy.--A vacancy on an advisory board established 
     under subparagraph (A), including a temporary vacancy due to 
     a recusal under subparagraph (C)(ii), shall be filled in the 
     same manner as the original appointment with an individual 
     who meets the qualifications described in subparagraph 
     (A)(i)(I).
       (C) Conflict of interest.--
       (i) In general.--If a member of an advisory board 
     established under subparagraph (A) is also the member of the 
     board of a covered entity that submits an application under 
     review by the advisory board, the head of the agency or a 
     designee thereof may appoint a temporary replacement for that 
     member.
       (ii) Financial interest.--Each member of an advisory board 
     established under subparagraph (A) shall recuse themselves 
     from advising on an application submitted under the Program 
     for which the member has a conflict of interest as described 
     in section 208 of title 18, United States Code.
       (D) Small business concerns.--Not less than 5 of the 
     members of each advisory board established under subparagraph 
     (A) shall be representatives of a small business concern, as 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632).
       (E) Rule of construction.--Nothing in this division shall 
     be construed to prevent an agency from establishing 
     additional advisory boards as needed to assist in reviewing 
     Program applications that involve multiple or unique 
     industries.

     SEC. 20004. REGULATORY SANDBOX PROGRAM.

       (a) In General.--The Director shall establish a regulatory 
     sandbox program for semiconductor manufacturing under which 
     applicable agencies shall grant or deny waivers of covered 
     provisions for covered entities to incentivize the research, 
     development, and manufacturing of semiconductors in the 
     United States, the expansion of semiconductor facilities and 
     equipment in the United States for semiconductor fabrication, 
     assembly, testing, advanced packaging, production, or 
     research and development, without otherwise being licensed or 
     authorized to do so under that covered provision.
       (b) Purpose.--The purpose of the Program is to incentivize 
     the success of current or new businesses, the expansion of 
     economic opportunities, the creation of jobs, and the 
     fostering of innovation.
       (c) Application Process for Waivers.--
       (1) In general.--The Office shall establish an application 
     process for the waiver of covered provisions for a covered 
     entity, which shall require that an application shall--
       (A) confirm that the covered entity--
       (i) is subject to the jurisdiction of the Federal 
     Government; and
       (ii) has established or plans to establish a business that 
     is incorporated or has a principal place of business in the 
     United States from which their goods or services are offered 
     from and their required documents and data are maintained;
       (B) include relevant personal information such as the legal 
     name, address, telephone number, email address, and website 
     address of the covered entity;
       (C) disclose any criminal conviction of the covered entity 
     or other participating persons, if applicable;
       (D) contain a description of the good, service, or project 
     to be offered by the covered entity for which the covered 
     entity is requesting waiver of a covered provision by the 
     Office under the Program, including--
       (i) how the covered entity is subject to licensing, 
     prohibitions, or other authorization requirements outside of 
     the Program;
       (ii) each covered provision that the covered entity seeks 
     to have waived during participation in the Program;
       (iii) how the good, service, or project would benefit 
     consumers;
       (iv) what likely risks the participation of the covered 
     entity in the Program may pose, and how the covered entity 
     intends to reasonably mitigate those risks;
       (v) how participation in the Program would render the 
     offering of the good, service, or project successful;
       (vi) a description of the plan and estimated time periods 
     for the beginning and end of the offering of the good, 
     service, or project under the Program;
       (vii) a recognition that the covered entity will be subject 
     to all laws and rules after the conclusion of the offering of 
     the good, service, or project under the Program;
       (viii) how the covered entity will end the demonstration of 
     the offering of the good, service, or project under the 
     Program;
       (ix) how the covered entity will repair harm to consumers 
     if the offering of the good, service, or project under the 
     Program fails; and
       (x) a list of each agency that regulates the business of 
     the covered entity; and
       (E) include any other information as required by the 
     Office.
       (2) Assistance.--The Office may, upon request, provide 
     assistance to a covered entity to complete the application 
     process for a waiver under the Program, including by 
     providing the likely covered provisions that could be 
     eligible for such a waiver.
       (3) Agency review.--
       (A) Transmission.--Not later than 14 days after the date on 
     which the Office receives an application under paragraph (1), 
     the Office shall submit a copy of the application to each 
     applicable agency.
       (B) Review.--The head of an applicable agency, or a 
     designee thereof, shall review a Program application received 
     under subparagraph (A) with input from the advisory board 
     established under section 20003(b)(2).
       (C) Considerations.--In reviewing a copy of an application 
     submitted to an applicable agency under subparagraph (A), the 
     head of the applicable agency, or a designee thereof, with 
     input from the advisory board of the applicable agency 
     established under section 20003(b)(2), shall consider 
     whether--
       (i) the plan of the covered entity to deploy their offering 
     will adequately protect consumers from harm;
       (ii) the likely health and safety risks, risks that are 
     likely to cause economic damage, and the likelihood for 
     unfair or deceptive practices to be committed against 
     consumers are outweighed by the potential benefits to 
     consumers from the offering of the covered entity; and
       (iii) it is possible to provide the covered entity a waiver 
     even if the Office does not

[[Page S3653]]

     waive every covered provision requested by the covered 
     entity.
       (D) Final decision.--
       (i) In general.--Subject to clause (ii), the head of an 
     applicable agency, or a designee thereof, who receives a copy 
     of an application under subparagraph (A) shall, with the 
     consideration of the recommendations of the advisory board of 
     the applicable agency established under section 20003(b)(2), 
     make the final decision to grant or deny the application.
       (ii) In part approval.--

       (I) In general.--If more than 1 applicable agency receives 
     a copy of an application under subparagraph (A)--

       (aa) the head of each applicable agency (or their 
     designees), with input from the advisory board of the 
     applicable agency established under section 20003(b)(2), 
     shall grant or deny the waiver of the covered provisions over 
     which the applicable agency has jurisdiction for enforcement 
     or implementation; and
       (bb) if each applicable agency that receives an application 
     under subparagraph (A) grants the waiver under item (aa), the 
     Director shall grant the entire application.

       (II) In part approval by director.--If an applicable agency 
     denies part of an application under subclause (I) but another 
     applicable agency grants part of the application, the 
     Director shall approve the application in part and specify in 
     the final decision which covered provisions are waived.

       (E) Record of decision.--
       (i) In general.--Not later than 180 days after receiving a 
     copy of an application under subparagraph (A), an applicable 
     agency shall approve or deny the application and submit to 
     the Director a record of the decision, which shall include a 
     description of each likely health and safety risk, each risk 
     that is likely to cause economic damage, and the likelihood 
     for unfair or deceptive practices to be committed against 
     consumers that the covered provision the covered entity is 
     seeking to have waived protects against, and--

       (I) if the application is approved, a description of how 
     the identifiable, significant harms will be mitigated and how 
     consumers will be protected under the waiver;
       (II) if the applicable agency denies the waiver, a 
     description of the reasons for the decision, including why a 
     waiver would likely cause health and safety risks, likely 
     cause economic damage, and increase the likelihood for unfair 
     or deceptive practices to be committed against consumers, and 
     the likelihood of such risks occurring, as well as reasons 
     why the application cannot be approved in part or reformed to 
     mitigate such risks; and
       (III) if the applicable agency determines that a waiver 
     would likely cause health and safety risks, likely cause 
     economic damage, and there is likelihood for unfair or 
     deceptive practices to be committed against consumers as a 
     result of the covered provision that a covered entity is 
     requesting to have waived, but the applicable agency 
     determines such risks can be protected through less 
     restrictive means than denying the application, the 
     applicable agency shall provide a recommendation of how that 
     can be achieved.

       (ii) No record submitted.--If the applicable agency does 
     not submit a record of the decision with respect to an 
     application for a waiver submitted to the applicable agency, 
     the Office shall assume that the applicable agency does not 
     object to the granting of the waiver.
       (iii) Extension.--The applicable agency may request one 30-
     day extension of the deadline for a record of decision under 
     clause (i).
       (iv) Expedited review.--If the applicable agency provides a 
     recommendation described in clause (i)(III), the Office shall 
     provide the covered entity with a 60-day period to make 
     necessary changes to the application, and the covered entity 
     may resubmit the application to the applicable agency for 
     expedited review over a period of not more than 60 days.
       (4) Nondiscrimination.--In considering an application for a 
     waiver, an applicable agency shall not unreasonably 
     discriminate among applications under the Program or resort 
     to any unfair or unjust discrimination for any reason.
       (5) Fee.--The Office may collect an application fee from 
     each covered entity under the Program, which--
       (A) shall be in a fair amount and reflect the cost of the 
     service provided;
       (B) shall be deposited in the general fund of the Treasury 
     and allocated to the Office, subject to appropriations; and
       (C) shall not be increased more frequently than once every 
     2 years.
       (6) Written agreement.--If each applicable agency grants a 
     waiver requested in an application submitted under paragraph 
     (1), the waiver shall not be effective until the covered 
     entity enters into a written agreement with the Office that 
     describes each covered provision that is waived under the 
     Program.
       (7) Limitation.--An applicable agency may not waive under 
     the Program any tax, fee, or charge imposed by the Federal 
     Government.
       (8) Appeals.--
       (A) In general.--If an applicable agency denies an 
     application under paragraph (3)(E), the covered entity may 
     submit to the Office 1 appeal for reconsideration, which 
     shall--
       (i) address the comments of the applicable agency that 
     resulted in denial of the application; and
       (ii) include how the covered entity plans to mitigate the 
     likely risks identified by the applicable agency.
       (B) Office response.--Not later than 60 days after 
     receiving an appeal under subparagraph (A), the Director 
     shall--
       (i) determine whether the appeal sufficiently addresses the 
     concerns of the applicable agency; and
       (ii)(I) if the Director determines that the appeal 
     sufficiently addresses the concerns of the applicable agency, 
     file a record of decision detailing how the concerns have 
     been remedied and approve the application; or
       (II) if the Director determines that the appeal does not 
     sufficiently address the concerns of the applicable agency, 
     file a record of decision detailing how the concerns have not 
     been remedied and deny the application.
       (9) Nondiscrimination.--The Office shall not unreasonably 
     discriminate among applications under the Program or resort 
     to any unfair or unjust discrimination for any reason in the 
     implementation of the Program.
       (10) Judicial review.--
       (A) Record of decision.--A record of decision described in 
     paragraph (3)(E) or (8)(B) shall be considered a final agency 
     action for purposes of review under section 704 of title 5, 
     United States Code.
       (B) Limitation.--A reviewing court considering claims made 
     against a final agency action under this division shall be 
     limited to whether the agency acted in accordance with the 
     requirements set forth under this division.
       (C) Right to judicial review.--Nothing in this paragraph 
     shall be construed to establish a right to judicial review 
     under this division.
       (d) Period of Waiver.--
       (1) Initial period.--Except as provided in this subsection, 
     a waiver granted under the Program shall be for a term of 2 
     years.
       (2) Continuance.--The Office may continue a waiver granted 
     under the Program for a maximum of 4 additional periods of 2 
     years as determined by the Office.
       (3) Notification.--Not later than 30 days before the end of 
     an initial waiver period under paragraph (1), an entity that 
     is granted a waiver under the Program shall notify the Office 
     if the entity intends to seek a continuance under paragraph 
     (2).
       (4) Revocation.--
       (A) Significant harm.--If the Office determines that an 
     entity that was granted a waiver under the Program is causing 
     significant harm to the health or safety of the public, 
     inflicting severe economic damage on the public, or engaging 
     in unfair or deceptive practices, the Office may immediately 
     end the participation of the entity in the Program by 
     revoking the waiver.
       (B) Compliance.--If the Office determines that an entity 
     that was granted a waiver under the Program is not in 
     compliance with the terms of the Program, the Office shall 
     give the entity 30 days to correct the action, and if the 
     entity does not correct the action by the end of the 30-day 
     period, the Office may end the participation of the entity in 
     the Program by revoking the waiver.
       (e) Terms.--An entity for which a waiver is granted under 
     the Program shall be subject to the following terms:
       (1) A covered provision may not be waived if the waiver 
     would prevent a consumer from seeking actual damages or an 
     equitable remedy in the event that a consumer is harmed.
       (2) While a waiver is in use, the entity shall not be 
     subject to the criminal or civil enforcement of a covered 
     provision identified in the waiver.
       (3) An agency may not file or pursue any punitive action 
     against a participant during the period for which the waiver 
     is in effect, including a fine or license suspension or 
     revocation for the violation of a covered provision 
     identified in the waiver.
       (4) The entity shall not have immunity related to any 
     criminal offense committed during the period for which the 
     waiver is in effect.
       (5) The Federal Government shall not be responsible for any 
     business losses or the recouping of application fees if the 
     waiver is denied or the waiver is revoked at any time.
       (f) Consumer Protection.--
       (1) In general.--Before distributing an offering to 
     consumers under a waiver granted under the Program, and 
     throughout the duration of the waiver, an entity shall 
     publicly disclose the following to consumers:
       (A) The name and contact information of the entity.
       (B) That the entity has been granted a waiver under the 
     Program, and if applicable, that the entity does not have a 
     license or other authorization to provide an offering under 
     covered provisions outside of the waiver.
       (C) If applicable, that the offering is undergoing testing 
     and may not function as intended and may expose the consumer 
     to certain risks as identified in the record of decision of 
     the applicable agency submitted under section 20004(c)(3)(E).
       (D) That the entity is not immune from civil liability for 
     any losses or damages caused by the offering.
       (E) That the entity is not immune from criminal prosecution 
     for violation of covered provisions that are not suspended 
     under the waiver.
       (F) That the offering is a temporary demonstration and may 
     be discontinued at the end of the initial period under 
     subsection (d)(1).
       (G) The expected commencement date of the initial period 
     under subsection (d)(1).

[[Page S3654]]

       (H) The contact information of the Office and that the 
     consumer may contact the Office and file a complaint.
       (2) Online offering.--With respect to an offering provided 
     over the internet under the Program, the consumer shall 
     acknowledge receipt of the disclosures required under 
     paragraph (1) before any transaction is completed.
       (g) Record Keeping.--
       (1) In general.--An entity that is granted a waiver under 
     this section shall retain records, documents, and data 
     produced that is directly related to the participation of the 
     entity in the Program.
       (2) Notification before ending offering.--If a covered 
     entity decides to end their offering before the initial 
     period ends under subsection (d)(1), the covered entity shall 
     submit to the Office and the applicable agency a report on 
     actions taken to ensure consumers have not been harmed as a 
     result.
       (3) Request for documents.--The Office may request records, 
     documents, and data from an entity that is granted a waiver 
     under this section that is directly related to the 
     participation of the entity in the Program, and upon the 
     request, the covered entity shall make such records, 
     documents, and data available for inspection by the Office.
       (4) Notification of incidents.--An entity that is granted a 
     waiver under this section shall notify the Office and any 
     applicable agency of any incident that results in harm to the 
     health or safety of consumers, severe economic damage, or an 
     unfair or deceptive practice under the Program not later than 
     72 hours after the incident occurs.
       (h) Reports.--
       (1) Entities granted a waiver.--
       (A) In general.--Any entity that is granted a waiver under 
     this section shall submit to the Office reports that 
     include--
       (i) how many consumers are participating in the good, 
     service, or project offered by the entity under the Program;
       (ii) an assessment of the likely risks and how mitigation 
     is taking place;
       (iii) any previously unrealized risks that have manifested; 
     and
       (iv) a description of any adverse incidents and the ensuing 
     process taken to repair any harm done to consumers.
       (B) Timing.--An entity shall submit a report required under 
     subparagraph (A)--
       (i) 10 days after 30 days elapses from commencement of the 
     period for which a waiver is granted under the Program;
       (ii) 30 days after the halfway mark of the period described 
     in clause (i); and
       (iii) 30 days before the expiration of the period described 
     in subsection (d)(1).
       (2) Annual report by director.--The Director shall submit 
     to Congress an annual report on the Program, which shall 
     include, for the year covered by the report--
       (A) the number of applications approved;
       (B) the name and description of each entity that was 
     granted a waiver under the Program;
       (C) any benefits realized to the public from the Program; 
     and
       (D) any harms realized to the public from the Program.
       (i) Special Message to Congress.--
       (1) Definition.--In this subsection, the term ``covered 
     resolution'' means a joint resolution--
       (A) the matter after the resolving clause of which contains 
     only--
       (i) a list of some or all of the covered provisions that 
     were recommended for repeal under paragraph (2)(A)(ii) in a 
     special message submitted to Congress under that paragraph; 
     and
       (ii) a provision that immediately repeals the listed 
     covered provisions described in paragraph (2)(A)(ii) upon 
     enactment of the joint resolution; and
       (B) upon which Congress completes action before the end of 
     the first period of 60 calendar days after the date on which 
     the special message described in subparagraph (A)(i) of this 
     paragraph is received by Congress.
       (2) Submission.--
       (A) In general.--Not later than the first day on which both 
     Houses of Congress are in session after May 1 of each year, 
     the Director shall submit to Congress a special message 
     that--
       (i) details each covered provision that the Office 
     recommends should be amended or repealed as a result of 
     entities being able to operate safely without those covered 
     provisions during the Program;
       (ii) lists any covered provision that should be repealed as 
     a result of having been waived for a period of not less than 
     6 years during the Program; and
       (iii) explains why each covered provision described in 
     clauses (i) and (ii) should be amended or repealed.
       (B) Delivery to house and senate; printing.--Each special 
     message submitted under subparagraph (A) shall be--
       (i) delivered to the Clerk of the House of Representatives 
     and the Secretary of the Senate; and
       (ii) printed in the Congressional Record.
       (3) Procedure in house and senate.--
       (A) Referral.--A covered resolution shall be referred to 
     the appropriate committee of the House of Representatives or 
     the Senate, as the case may be.
       (B) Discharge of committee.--If the committee to which a 
     covered resolution has been referred has not reported the 
     resolution at the end of 25 calendar days after the 
     introduction of the resolution--
       (i) the committee shall be discharged from further 
     consideration of the resolution; and
       (ii) the resolution shall be placed on the appropriate 
     calendar.
       (4) Floor consideration in the house.--
       (A) Motion to proceed.--
       (i) In general.--When the committee of the House of 
     Representatives has reported, or has been discharged from 
     further consideration of, a covered resolution, it shall at 
     any time thereafter be in order (even though a previous 
     motion to the same effect has been disagreed to) to move to 
     proceed to the consideration of the resolution.
       (ii) Privilege.--A motion described in clause (i) shall be 
     highly privileged and not debatable.
       (iii) No amendment or motion to reconsider.--An amendment 
     to a motion described in clause (i) shall not be in order, 
     nor shall it be in order to move to reconsider the vote by 
     which the motion is agreed to or disagreed to.
       (B) Debate.--
       (i) In general.--Debate in the House of Representatives on 
     a covered resolution shall be limited to not more than 2 
     hours, which shall be divided equally between those favoring 
     and those opposing the resolution.
       (ii) No motion to reconsider.--It shall not be in order in 
     the House of Representatives to move to reconsider the vote 
     by which a covered resolution is agreed to or disagreed to.
       (C) No motion to postpone consideration or proceed to 
     consideration of other business.--In the House of 
     Representatives, motions to postpone, made with respect to 
     the consideration of a covered resolution, and motions to 
     proceed to the consideration of other business, shall not be 
     in order.
       (D) Appeals from decisions of chair.--An appeal from the 
     decision of the Chair relating to the application of the 
     Rules of the House of Representatives to the procedure 
     relating to a covered resolution shall be decided without 
     debate.
       (5) Floor consideration in the senate.--
       (A) Motion to proceed.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, when the committee of the Senate to 
     which a covered resolution is referred has reported, or has 
     been discharged from further consideration of, a covered 
     resolution, it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     resolution and all points of order against the covered 
     resolution are waived.
       (ii) Division of time.--A motion to proceed described in 
     clause (i) is subject to 4 hours of debate divided equally 
     between those favoring and those opposing the covered 
     resolution.
       (iii) No amendment or motion to postpone or proceed to 
     other business.--A motion to proceed described in clause (i) 
     is not subject to--

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

       (B) Floor consideration.--
       (i) General.--In the Senate, a covered resolution shall be 
     subject to 10 hours of debate divided equally between those 
     favoring and those opposing the covered resolution.
       (ii) Amendments.--In the Senate, no amendment to a covered 
     resolution shall be in order, except an amendment that 
     strikes from or adds to the list required under paragraph 
     (1)(A)(i) a covered provision recommended for amendment or 
     repeal by the Office.
       (iii) Motions and appeals.--In the Senate, a motion to 
     reconsider a vote on final passage of a covered resolution 
     shall not be in order, and points of order, including 
     questions of relevancy, and appeals from the decision of the 
     Presiding Officer, shall be decided without debate.
       (6) Receipt of resolution from other house.--If, before 
     passing a covered resolution, one House receives from the 
     other a covered resolution--
       (A) the covered resolution of the other House shall not be 
     referred to a committee and shall be deemed to have been 
     discharged from committee on the day on which it is received; 
     and
       (B) the procedures set forth in paragraph (4) or (5), as 
     applicable, shall apply in the receiving House to the covered 
     resolution received from the other House to the same extent 
     as those procedures apply to a covered resolution of the 
     receiving House.
       (7) Rules of the house of representatives and the senate.--
     Paragraphs (3) through (7) are enacted by Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedures to be followed 
     in the House in the case of covered resolutions, and 
     supersede other rules only to the extent that they are 
     inconsistent with such other rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (j) Rule of Construction.--Nothing in this section shall be 
     construed to--
       (1) require an entity that is granted a waiver under this 
     section to publicly disclose proprietary information, 
     including trade secrets or commercial or financial 
     information that is privileged or confidential; or

[[Page S3655]]

       (2) affect any other provision of law or regulation 
     applicable to an entity that is not included in a waiver 
     provided under this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office to carry out this section an 
     amount that is not more than the amount of funds deposited 
     into the Treasury from the fees collected under subsection 
     (c)(3).
                                 ______
                                 
  SA 5181. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 5135 proposed by Mr. Schumer to the bill H.R. 4346, making 
appropriations for Legislative Branch for the fiscal year ending 
September 30, 2022, and for other purposes; which was ordered to lie on 
the table; as follows:

        Beginning on page 41, strike line 17 and all that follows 
     through line 5 on page 84, and insert the following:
       ``(ii) includes semiconductor fabrication, assembly, 
     testing, packaging, research and development, and any 
     additional process identified by the Secretary.
       ``(C) Required agreement.--
       ``(i) In general.--On or before the date on which the 
     Secretary awards Federal financial assistance to a covered 
     entity under this section, the covered entity shall enter 
     into an agreement with the Secretary specifying that, during 
     the 10-year period beginning on the date of the award, the 
     covered entity may not engage in any transaction, as defined 
     in the agreement, involving the expansion of semiconductor 
     manufacturing capacity in the People's Republic of China or 
     any other foreign country of concern.
       ``(ii) Affiliated group.--For the purpose of applying the 
     requirements in an agreement required under clause (i), a 
     covered entity shall include the covered entity receiving 
     financial assistance under this section, as well as any 
     member of the covered entity's affiliated group under section 
     1504(a) of the Internal Revenue Code of 1986, without regard 
     to section 1504(b)(3) of such Code.
       ``(D) Notification requirements.--During the applicable 
     term of the agreement of a covered entity required under 
     subparagraph (C)(i), the covered entity shall notify the 
     Secretary of any planned transactions of the covered entity 
     involving the expansion of semiconductor manufacturing 
     capacity in the People's Republic of China or any other 
     foreign country of concern.
       ``(E) Violation of agreement.--
       ``(i) Notification to covered entities.--Not later than 90 
     days after the date of receipt of a notification described in 
     subparagraph (D) from a covered entity, the Secretary, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, shall--

       ``(I) determine whether the transaction described in the 
     notification would be a violation of the agreement of the 
     covered entity required under subparagraph (C)(i); and
       ``(II) notify the covered entity of the Secretary's 
     decision under subclause (I).

       ``(ii) Opportunity to remedy.--Upon a notification under 
     clause (i)(II) that a planned transaction of a covered entity 
     is a violation of the agreement of the covered entity 
     required under subparagraph (C)(i), the Secretary shall--

       ``(I) immediately request from the covered entity tangible 
     proof that the planned transaction has ceased or been 
     abandoned; and
       ``(II) provide the covered entity 45 days to produce and 
     provide to the Secretary the tangible proof described in 
     subclause (I).

       ``(iii) Failure by the covered entity to cease or remedy 
     the activity.--If a covered entity fails to remedy a 
     violation as set forth under clause (ii), the Secretary shall 
     recover the full amount of the Federal financial assistance 
     provided to the covered entity under this section.
       ``(F) Submission of records.--
       ``(i) In general.--The Secretary may request from a covered 
     entity records and other necessary information to review the 
     compliance of the covered entity with the agreement required 
     under subparagraph (C)(i).
       ``(ii) Eligibility.--In order to be eligible for Federal 
     financial assistance under this section, a covered entity 
     shall agree to provide records and other necessary 
     information requested by the Secretary under clause (i).
       ``(G) Confidentiality of records.--
       ``(i) In general.--Subject to clause (ii), any information 
     derived from records or necessary information disclosed by a 
     covered entity to the Secretary under this section--

       ``(I) shall be exempt from disclosure under section 
     552(b)(3) of title 5, United States Code; and
       ``(II) shall not be made public.

       ``(ii) Exceptions.--Clause (i) shall not prevent the 
     disclosure of any of the following by the Secretary:

       ``(I) Information relevant to any administrative or 
     judicial action or proceeding.
       ``(II) Information that a covered entity has consented to 
     be disclosed to third parties.
       ``(III) Information necessary to fulfill the requirement of 
     the congressional notification under subparagraph (H).

       ``(H) Congressional notification.--Not later than 60 days 
     after the date on which the Secretary finds a violation by a 
     covered entity of an agreement required under subparagraph 
     (C)(i), and after providing the covered entity with an 
     opportunity to provide information in response to that 
     finding, the Secretary shall provide to the appropriate 
     Committees of Congress--
       ``(i) a notification of the violation;
       ``(ii) a brief description of how the Secretary determined 
     the covered entity to be in violation; and
       ``(iii) a summary of any actions or planned actions by the 
     Secretary in response to the violation.
       ``(I) Regulations.--The Secretary may issue regulations 
     implementing this paragraph.''; and
       (6) by adding at the end the following:
       ``(d) Sense of Congress.--It is the sense of Congress that, 
     in carrying out subsection (a), the Secretary should allocate 
     funds in a manner that--
       ``(1) strengthens the security and resilience of the 
     semiconductor supply chain, including by mitigating gaps and 
     vulnerabilities;
       ``(2) provides a supply of secure semiconductors relevant 
     for national security;
       ``(3) strengthens the leadership of the United States in 
     semiconductor technology;
       ``(4) grows the economy of the United States and supports 
     job creation in the United States;
       ``(5) bolsters the semiconductor and skilled technical 
     workforces in the United States;
       ``(6) promotes the inclusion of economically disadvantaged 
     individuals and small businesses; and
       ``(7) improves the resiliency of the semiconductor supply 
     chains of critical manufacturing industries.
       ``(e) Additional Assistance for Mature Technology Nodes.--
       ``(1) In general.--The Secretary shall establish within the 
     program established under subsection (a) an additional 
     program that provides Federal financial assistance to covered 
     entities to incentivize investment in facilities and 
     equipment in the United States for the fabrication, assembly, 
     testing, or packaging of semiconductors at mature technology 
     nodes.
       ``(2) Eligibility and requirements.--In order for an entity 
     to qualify to receive Federal financial assistance under this 
     subsection, the covered entity shall agree to--
       ``(A) submit an application under subsection (a)(2)(A);
       ``(B) meet the eligibility requirements under subsection 
     (a)(2)(B);
       ``(C)(i) provide equipment or materials for the 
     fabrication, assembly, testing, or packaging of 
     semiconductors at mature technology nodes in the United 
     States; or
       ``(ii) fabricate, assemble using packaging, or test 
     semiconductors at mature technology nodes in the United 
     States;
       ``(D) commit to using any Federal financial assistance 
     received under this section to increase the production of 
     semiconductors at mature technology nodes; and
       ``(E) be subject to the considerations described in 
     subsection (a)(2)(C).
       ``(3) Procedures.--In granting Federal financial assistance 
     to covered entities under this subsection, the Secretary may 
     use the procedures established under subsection (a).
       ``(4) Considerations.--In addition to the considerations 
     described in subsection (a)(2)(C), in granting Federal 
     financial assistance under this subsection, the Secretary may 
     consider whether a covered entity produces or supplies 
     equipment or materials used in the fabrication, assembly, 
     testing, or packaging of semiconductors at mature technology 
     nodes that are necessary to support a critical manufacturing 
     industry.
       ``(5) Priority.--In awarding Federal financial assistance 
     to covered entities under this subsection, the Secretary 
     shall give priority to covered entities that support the 
     resiliency of semiconductor supply chains for critical 
     manufacturing industries in the United States.
       ``(6) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this subsection $2,000,000,000, which shall remain available 
     until expended.
       ``(f) Construction Projects.--Section 602 of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3212) 
     shall apply to a construction project that receives financial 
     assistance from the Secretary under this section.
       ``(g) Loans and Loan Guarantees.--
       ``(1) In general.--Subject to the requirements of 
     subsection (a) and this subsection, the Secretary may make or 
     guarantee loans to covered entities as financial assistance 
     under this section.
       ``(2) Conditions.--The Secretary may select eligible 
     projects to receive loans or loan guarantees under this 
     subsection if the Secretary determines that--
       ``(A) the covered entity--
       ``(i) has a reasonable prospect of repaying the principal 
     and interest on the loan; and
       ``(ii) has met such other criteria as may be established 
     and published by the Secretary; and
       ``(B) the amount of the loan (when combined with amounts 
     available to the loan recipient from other sources) will be 
     sufficient to carry out the project.
       ``(3) Reasonable prospect of repayment.--The Secretary 
     shall base a determination of whether there is a reasonable 
     prospect of repayment of the principal and interest on a loan 
     under paragraph (2)(A)(i) on a comprehensive evaluation of 
     whether the covered entity has a reasonable prospect of 
     repaying the principal and interest, including, as 
     applicable, an evaluation of--
       ``(A) the strength of the contractual terms of the project 
     the covered entity plans to perform (if commercially 
     reasonably available);
       ``(B) the forecast of noncontractual cash flows supported 
     by market projections from

[[Page S3656]]

     reputable sources, as determined by the Secretary;
       ``(C) cash sweeps and other structure enhancements;
       ``(D) the projected financial strength of the covered 
     entity--
       ``(i) at the time of loan close; and
       ``(ii) throughout the loan term after the project is 
     completed;
       ``(E) the financial strength of the investors and strategic 
     partners of the covered entity, if applicable;
       ``(F) other financial metrics and analyses that the private 
     lending community and nationally recognized credit rating 
     agencies rely on, as determined appropriate by the Secretary; 
     and
       ``(G) such other criteria the Secretary may determine 
     relevant.
       ``(4) Rates, terms, and repayments of loans.--A loan 
     provided under this subsection--
       ``(A) shall have an interest rate that does not exceed a 
     level that the Secretary determines appropriate, taking into 
     account, as of the date on which the loan is made, the cost 
     of funds to the Department of the Treasury for obligations of 
     comparable maturity; and
       ``(B) shall have a term of not more than 25 years.
       ``(5) Additional terms.--A loan or guarantee provided under 
     this subsection may include any other terms and conditions 
     that the Secretary determines to be appropriate.
       ``(6) Responsible lender.--No loan may be guaranteed under 
     this subsection, unless the Secretary determines that--
       ``(A) the lender is responsible; and
       ``(B) adequate provision is made for servicing the loan on 
     reasonable terms and protecting the financial interest of the 
     United States.
       ``(7) Advanced budget authority.--New loans may not be 
     obligated and new loan guarantees may not be committed to 
     under this subsection, unless appropriations of budget 
     authority to cover the costs of such loans and loan 
     guarantees are made in advance in accordance with section 
     504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661c(b)).
       ``(8) Continued oversight.--The loan agreement for a loan 
     guaranteed under this subsection shall provide that no 
     provision of the loan agreement may be amended of waived 
     without the consent of the Secretary.
       ``(h) Oversight.--Not later than 4 years after disbursement 
     of the first financial award under subsection (a), the 
     Inspector General of the Department of Commerce shall audit 
     the program under this section to assess--
       ``(1) whether the eligibility requirements for covered 
     entities receiving financial assistance under the program are 
     met;
       ``(2) whether eligible entities use the financial 
     assistance received under the program in accordance with the 
     requirements of this section;
       ``(3) whether the covered entities receiving financial 
     assistance under this program have carried out the 
     commitments made to worker and community investment under 
     subsection (a)(2)(B)(ii)(II) by the target date for 
     completion set by the Secretary under subsection (a)(5)(A);
       ``(4) whether the required agreement entered into by 
     covered entities and the Secretary under subsection 
     (a)(6)(C)(i), including the notification process, has been 
     carried out to provide covered entities sufficient guidance 
     about a violation of the required agreement; and
       ``(5) whether the Secretary has provided timely 
     Congressional notification about violations of the required 
     agreement under subsection (a)(6)(C)(i), including the 
     required information on how the Secretary reached a 
     determination of whether a covered entity was in violation 
     under subsection (a)(6)(E).
       ``(i) Prohibition on Use of Funds.--No funds made available 
     under this section may be used to construct, modify, or 
     improve a facility outside of the United States.''.
       (c) Advanced Microelectronics Research and Development.--
     Section 9906 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
     4656) is amended--
       (1) in subsection (a)(3)(A)(ii)--
       (A) in subclause (II), by inserting ``, including for 
     technologies based on organic and inorganic materials'' after 
     ``components''; and
       (B) in subclause (V), by striking ``and supply chain 
     integrity'' and inserting ``supply chain integrity, and 
     workforce development'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by inserting ``and grow the domestic semiconductor 
     workforce'' after ``prototyping of advanced semiconductor 
     technology''; and
       (ii) by adding at the end the following: ``The Secretary 
     may make financial assistance awards, including construction 
     awards, in support of the national semiconductor technology 
     center.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by inserting ``and capitalize'' 
     before ``an investment fund''; and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) To work with the Secretary of Labor, the Director of 
     the National Science Foundation, the Secretary of Energy, the 
     private sector, institutions of higher education, and 
     workforce training entities to incentivize and expand 
     geographically diverse participation in graduate, 
     undergraduate, and community college programs relevant to 
     microelectronics, including through--
       ``(i) the development and dissemination of curricula and 
     research training experiences; and
       ``(ii) the development of workforce training programs and 
     apprenticeships in advanced microelectronic design, research, 
     fabrication, and packaging capabilities.'';
       (3) in subsection (d)--
       (A) by striking ``the Manufacturing USA institute'' and 
     inserting ``a Manufacturing USA institute''; and
       (B) by adding at the end the following: ``The Director may 
     make financial assistance awards, including construction 
     awards, in support of the National Advanced Packaging 
     Manufacturing Program.'';
       (4) in subsection (f)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``a Manufacturing USA Institute'' and 
     inserting ``not more than 3 Manufacturing USA Institutes'';
       (ii) by striking ``is focused on semiconductor 
     manufacturing.'' and inserting ``are focused on semiconductor 
     manufacturing. The Secretary of Commerce may award financial 
     assistance to any Manufacturing USA Institute for work 
     relating to semiconductor manufacturing.''; and
       (iii) by striking ``Such institute may emphasize'' and 
     inserting ``Such institutes may emphasize''; and
       (5) by adding at the end the following:
       ``(h) Construction Projects.--Section 602 of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3212) 
     shall apply to a construction project that receives financial 
     assistance under this section.''.
       (d) Additional Authorities.--Division H of title XCIX of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 9909. ADDITIONAL AUTHORITIES.

       ``(a) In General.--In carrying out the responsibilities of 
     the Department of Commerce under this division, the Secretary 
     may--
       ``(1) enter into agreements, including contracts, grants 
     and cooperative agreements, and other transactions as may be 
     necessary and on such terms as the Secretary considers 
     appropriate;
       ``(2) make advance payments under agreements and other 
     transactions authorized under paragraph (1) without regard to 
     section 3324 of title 31, United States Code;
       ``(3) require a person or other entity to make payments to 
     the Department of Commerce upon application and as a 
     condition for receiving support through an award of 
     assistance or other transaction;
       ``(4) procure temporary and intermittent services of 
     experts and consultants in accordance with section 3109 of 
     title 5, United States Code;
       ``(5) notwithstanding section 3104 of title 5, United 
     States Code, or the provisions of any other law relating to 
     the appointment, number, classification, or compensation of 
     employees, make appointments of scientific, engineering, and 
     professional personnel, and fix the basic pay of such 
     personnel at a rate to be determined by the Secretary at 
     rates not in excess of the highest total annual compensation 
     payable at the rate determined under section 104 of title 3, 
     United States Code, except that the Secretary shall appoint 
     not more than 25 personnel under this paragraph;
       ``(6) with the consent of another Federal agency, enter 
     into an agreement with that Federal agency to use, with or 
     without reimbursement, any service, equipment, personnel, or 
     facility of that Federal agency; and
       ``(7) establish such rules, regulations, and procedures as 
     the Secretary considers appropriate.
       ``(b) Requirement.--Any funds received from a payment made 
     by a person or entity pursuant to subsection (a)(3) shall be 
     credited to and merged with the account from which support to 
     the person or entity was made''.
       (e) Conforming Amendment.--The table of contents for 
     division H of title XCIX of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283) is amended by adding after the item 
     relating to section 9908 the following:

``9909. Additional authorities.''.

     SEC. 104. OPPORTUNITY AND INCLUSION.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary of Commerce shall 
     establish activities in the Department of Commerce, within 
     the program established under section 9902 of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (15 U.S.C. 4652), to carry out this section 
     using funds appropriated under this Act.
       (b) In General.--The Secretary of Commerce shall assign 
     personnel to lead and support the activities carried out 
     under this section, including coordination with other 
     workforce development activities of the Department of 
     Commerce or of Federal agencies, as defined in section 551 of 
     title 5, United States Code, as appropriate.
       (c) Activities.--Personnel assigned by the Secretary to 
     carry out the activities under this section shall--
       (1) assess the eligibility of a covered entity, as defined 
     in section 9901 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
     4651), for financial assistance for a

[[Page S3657]]

     project with respect to the requirements under subclauses 
     (II) and (III) of section 9902(a)(2)(B)(ii) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (15 U.S.C. 4652(a)(2)(B)(ii)(II) and (III));
       (2) ensure that each covered entity, as defined in section 
     9901 of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651),that 
     is awarded financial assistance under section 9902 of that 
     Act (15 U.S.C. 4652) is carrying out the commitments of the 
     covered entity to economically disadvantaged individuals as 
     described in the application of the covered entity under that 
     section by the target dates for completion established by the 
     Secretary of Commerce under subsection(a)(5)(A) of that 
     section; and
       (3) increase participation of and outreach to economically 
     disadvantaged individuals, minority-owned businesses, 
     veteran-owned businesses, and women-owned businesses, as 
     defined by the Secretary of Commerce, respectively, in the 
     geographic area of a project under section 9902 of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (15 U.S.C. 4652) and serve as a 
     resource for those individuals, businesses, and covered 
     entities.
       (d) Staff.--The activities under this section shall be 
     staffed at the appropriate levels to carry out the functions 
     and responsibilities under this section until 95 percent of 
     the amounts of funds made available for the program 
     established under section 9902 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (15 U.S.C. 4652) have been expended.
       (e) Report.--Beginning on the date that is 1 year after the 
     date on which the Secretary of Commerce establishes the 
     activities described in subsection (c), the Secretary of 
     Commerce shall submit to the appropriate committees of 
     Congress, as defined in section 9901(1) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (15 U.S.C. 4651), and make publicly 
     available on the website of the Department of Commerce an 
     annual report regarding the actions taken by the Department 
     of Commerce under this section.

     SEC. 105. ADDITIONAL GAO REPORTING REQUIREMENTS.

       (a) NDAA.--Section 9902(c) of William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 (15 
     U.S.C. 4652(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B)--
       (i) in clause (i), by striking ``; and'' and inserting a 
     semicolon; and
       (ii) by adding at the end the following:
       ``(iii) the Federal Government could take specific actions 
     to address shortages in the semiconductor supply chain, 
     including--

       ``(I) demand-side incentives, including incentives related 
     to the information and communications technology supply 
     chain; and
       ``(II) additional incentives, at national and global 
     scales, to accelerate utilization of leading-edge 
     semiconductor nodes to address shortages in mature 
     semiconductor nodes; and''; and

       (B) in subparagraph (C)--
       (i) in clause (iii), by striking ``; and'' and inserting a 
     semicolon; and
       (ii) by inserting after clause (iv) the following:
       ``(v) how projects are supporting the semiconductor needs 
     of critical infrastructure industries in the United States, 
     including those industries designated by the Cybersecurity 
     and Infrastructure Security Agency as essential 
     infrastructure industries; and''; and
       (2) by inserting after paragraph (1)(C)(iv) the following:
       ``(D) drawing on data made available by the Department of 
     Labor or other sources, to the extent practicable, an 
     analysis of--
       ``(i) semiconductor industry data regarding businesses that 
     are--

       ``(I) majority owned and controlled by minority 
     individuals;
       ``(II) majority owned and controlled by women; or
       ``(III) majority owned and controlled by both women and 
     minority individuals;

       ``(ii) the number and amount of contracts and subcontracts 
     awarded by each covered entity using funds made available 
     under subsection (a) disaggregated by recipients of each such 
     contract or subcontracts that are majority owned and 
     controlled by minority individuals and majority owned and 
     controlled by women; and
       ``(iii) aggregated workforce data, including data by race 
     or ethnicity, sex, and job categories.''.
       (b) Department of Defense.--Section 9202(a)(1)(G)(ii)(I) of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (47 U.S.C. 
     906(a)(1)(G)(ii)(I)) is amended by inserting ``(including 
     whether recipients are majority owned and controlled by 
     minority individuals and majority owned and controlled by 
     women)'' after ``to whom''.

     SEC. 106. APPROPRIATIONS FOR WIRELESS SUPPLY CHAIN 
                   INNOVATION.

       (a) Direct Appropriations.--In addition to amounts 
     otherwise available for such purposes, there is appropriated 
     to the Public Wireless Supply Chain Innovation Fund 
     established under section 9202(a)(1) of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (15 U.S.C. 4652(a)(1)), out of amounts in the Treasury 
     not otherwise appropriated--
       (1) $150,000,000 for fiscal year 2022, to remain available 
     until September 30, 2031; and
       (2) $1,350,000,000 for fiscal year 2023, to remain 
     available until September 30, 2032.
       (b) Use of Funds, Administration, and Oversight.--Of the 
     amounts made available under subsection (a)--
       (1) not more than 5 percent of the amounts allocated 
     pursuant to subsection (c) in a given fiscal year may be used 
     by the Assistant Secretary of Commerce for Communications and 
     Information to administer the programs funded from the Public 
     Wireless Supply Chain Innovation Fund; and
       (2) not less than $2,000,000 per fiscal year shall be 
     transferred to the Office of Inspector General of the 
     Department of Commerce for oversight related to activities 
     conducted using amounts provided under this section.
       (c) Allocation Authority.--
       (1) Submission of cost estimates.--The President shall 
     submit to Congress detailed account, program, and project 
     allocations of the amount recommended for allocation in a 
     fiscal year from amounts made available under subsection 
     (a)--
       (A) for fiscal years 2022 and 2023, not later than 60 days 
     after the date of enactment of this Act; and
       (B) for each subsequent fiscal year through 2032, as part 
     of the annual budget submission of the President under 
     section 1105(a) of title 31, United States Code.
       (2) Alternate allocation.--
       (A) In general.--The Committees on Appropriations of the 
     House of Representatives and the Senate may provide for 
     alternate allocation of amounts recommended for allocation in 
     a given fiscal year from amounts made available under 
     subsection (a), including by account, program, and project.
       (B) Allocation by president.--
       (i) No alternate allocations.--If Congress has not enacted 
     legislation establishing alternate allocations, including by 
     account, program, and project, by the date on which the Act 
     making full-year appropriations for the Departments of 
     Commerce and Justice, Science, and Related Agencies for the 
     applicable fiscal year is enacted into law, only then shall 
     amounts recommended for allocation for that fiscal year from 
     amounts made available under subsection (a) be allocated by 
     the President or apportioned or allotted by account, program, 
     and project pursuant to title 31, United States Code.
       (ii) Insufficient alternate allocation.--If Congress enacts 
     legislation establishing alternate allocations, including by 
     account, program, and project, for amounts recommended for 
     allocation in a given fiscal year from amounts made available 
     under subsection (a) that are less than the full amount 
     recommended for allocation for that fiscal year, the 
     difference between the amount recommended for allocation and 
     the alternate allocation shall be allocated by the President 
     and apportioned and allotted by account, program, and project 
     pursuant to title 31, United States Code.
       (d) Sequestration.--Section 255(g)(1)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     905(g)(1)(A)) is amended by inserting after ``Postal Service 
     Fund (18-4020-0-3-372).'' the following:
       ``Public Wireless Supply Chain Innovation Fund.''.
       (e) Budgetary Effects.--
       (1) Statutory paygo scorecards.--The budgetary effects of 
     this section shall not be entered on either PAYGO scorecard 
     maintained pursuant to section 4(d) of the Statutory Pay-As-
     You-Go Act of 2010.
       (2) Senate paygo scorecards.--The budgetary effects of this 
     section shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H. Con. Res. 71 
     (115th Congress).
       (3) Classification of budgetary effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of this section shall not be 
     estimated--
       (A) for purposes of section 251 of such Act;
       (B) for purposes of an allocation to the Committee on 
     Appropriations pursuant to section 302(a) of the 
     Congressional Budget Act of 1974; and
       (C) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.

     SEC. 107. ADVANCED MANUFACTURING INVESTMENT CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 48C the following new section:

     ``SEC. 48D. ADVANCED MANUFACTURING INVESTMENT CREDIT.

       ``(a) Establishment of Credit.--For purposes of section 46, 
     the advanced manufacturing investment credit for any taxable 
     year is an amount equal to 25 percent of the qualified 
     investment for such taxable year with respect to any advanced 
     manufacturing facility of an eligible taxpayer.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment with respect to any advanced 
     manufacturing facility for any taxable year is the basis of 
     any qualified property placed in service by the taxpayer 
     during such taxable year which is part of an advanced 
     manufacturing facility.
       ``(2) Qualified property.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified property' means property--

[[Page S3658]]

       ``(i) which is tangible property,
       ``(ii) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable,
       ``(iii) which is--

       ``(I) constructed, reconstructed, or erected by the 
     taxpayer, or
       ``(II) acquired by the taxpayer if the original use of such 
     property commences with the taxpayer, and

       ``(iv) which is integral to the operation of the advanced 
     manufacturing facility.
       ``(B) Buildings and structural components.--
       ``(i) In general.--The term `qualified property' includes 
     any building or its structural components which otherwise 
     satisfy the requirements under subparagraph (A).
       ``(ii) Exception.--Clause (i) shall not apply with respect 
     to a building or portion of a building used for offices, 
     administrative services, or other functions unrelated to 
     manufacturing.
       ``(3) Advanced manufacturing facility.--For purposes of 
     this section, the term `advanced manufacturing facility' 
     means a facility for which the primary purpose is the 
     manufacturing of semiconductors or semiconductor 
     manufacturing equipment.
       ``(4) Coordination with rehabilitation credit.--The 
     qualified investment with respect to any advanced 
     manufacturing facility for any taxable year shall not include 
     that portion of the basis of any property which is 
     attributable to qualified rehabilitation expenditures (as 
     defined in section 47(c)(2)).
       ``(5) Certain progress expenditure rules made applicable.--
     Rules similar to the rules of subsections (c)(4) and (d) of 
     section 46 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of subsection (a).
       ``(c) Eligible Taxpayer.--For purposes of this section, the 
     term `eligible taxpayer' means any taxpayer which--
       ``(1) is not a foreign entity of concern (as defined in 
     section 9901(6) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021), and
       ``(2) has not made an applicable transaction (as defined in 
     section 50(a)) during the taxable year.
       ``(d) Elective Payment.--
       ``(1) In general.--Except as otherwise provided in 
     paragraph (2)(A), in the case of a taxpayer making an 
     election (at such time and in such manner as the Secretary 
     may provide) under this subsection with respect to the credit 
     determined under subsection (a) with respect to such 
     taxpayer, such taxpayer shall be treated as making a payment 
     against the tax imposed by subtitle A (for the taxable year 
     with respect to which such credit was determined) equal to 
     the amount of such credit.
       ``(2) Special rules.--For purposes of this subsection--
       ``(A) Application to partnerships and s corporations.--
       ``(i) In general.--In the case of the credit determined 
     under subsection (a) with respect to any property held 
     directly by a partnership or S corporation, any election 
     under paragraph (1) shall be made by such partnership or S 
     corporation. If such partnership or S corporation makes an 
     election under such paragraph (in such manner as the 
     Secretary may provide) with respect to such credit--

       ``(I) the Secretary shall make a payment to such 
     partnership or S corporation equal to the amount of such 
     credit,
       ``(II) paragraph (3) shall be applied with respect to such 
     credit before determining any partner's distributive share, 
     or shareholder's pro rata share, of such credit,
       ``(III) any amount with respect to which the election in 
     paragraph (1) is made shall be treated as tax exempt income 
     for purposes of sections 705 and 1366, and
       ``(IV) a partner's distributive share of such tax exempt 
     income shall be based on such partner's distributive share of 
     the otherwise applicable credit for each taxable year.

       ``(ii) Coordination with application at partner or 
     shareholder level.--In the case of any property held directly 
     by a partnership or S corporation, no election by any partner 
     or shareholder shall be allowed under paragraph (1) with 
     respect to any credit determined under subsection (a) with 
     respect to such property.
       ``(B) Elections.--Any election under paragraph (1) shall be 
     made not later than the due date (including extensions of 
     time) for the return of tax for the taxable year for which 
     the election is made, but in no event earlier than 270 days 
     after the date of the enactment of this section. Any such 
     election, once made, shall be irrevocable. Except as 
     otherwise provided in this subparagraph, any election under 
     paragraph (1) shall apply with respect to any credit for the 
     taxable year for which the election is made.
       ``(C) Timing.--The payment described in paragraph (1) shall 
     be treated as made on the later of the due date (determined 
     without regard to extensions) of the return of tax for the 
     taxable year or the date on which such return is filed.
       ``(D) Treatment of payments to partnerships and s 
     corporations.--For purposes of section 1324 of title 31, 
     United States Code, the payments under subparagraph (A)(i)(I) 
     shall be treated in the same manner as a refund due from a 
     credit provision referred to in subsection (b)(2) of such 
     section.
       ``(E) Additional information.--As a condition of, and prior 
     to, any amount being treated as a payment which is made by 
     the taxpayer under paragraph (1) or any payment being made 
     pursuant to subparagraph (A), the Secretary may require such 
     information or registration as the Secretary deems necessary 
     or appropriate for purposes of preventing duplication, fraud, 
     improper payments, or excessive payments under this section.
       ``(F) Excessive payment.--
       ``(i) In general.--In the case of any amount treated as a 
     payment which is made by the taxpayer under paragraph (1), or 
     any payment made pursuant to subparagraph (A), which the 
     Secretary determines constitutes an excessive payment, the 
     tax imposed on such taxpayer by chapter 1 for the taxable 
     year in which such determination is made shall be increased 
     by an amount equal to the sum of--

       ``(I) the amount of such excessive payment, plus
       ``(II) an amount equal to 20 percent of such excessive 
     payment.

       ``(ii) Reasonable cause.--Clause (i)(II) shall not apply if 
     the taxpayer demonstrates to the satisfaction of the 
     Secretary that the excessive payment resulted from reasonable 
     cause.
       ``(iii) Excessive payment defined.--For purposes of this 
     subparagraph, the term `excessive payment' means, with 
     respect to property for which an election is made under this 
     subsection for any taxable year, an amount equal to the 
     excess of--

       ``(I) the amount treated as a payment which is made by the 
     taxpayer under paragraph (1), or the amount of the payment 
     made pursuant to subparagraph (A), with respect to such 
     property for such taxable year, over
       ``(II) the amount of the credit which, without application 
     of this subsection, would be otherwise allowable (determined 
     without regard to section 38(c)) under subsection (a) with 
     respect to such property for such taxable year.

       ``(3) Denial of double benefit.--In the case of a taxpayer 
     making an election under this subsection with respect to the 
     credit determined under subsection (a), such credit shall be 
     reduced to zero and shall, for any other purposes under this 
     title, be deemed to have been allowed to the taxpayer for 
     such taxable year.
       ``(4) Mirror code possessions.--In the case of any 
     possession of the United States with a mirror code tax system 
     (as defined in section 24(k)), this subsection shall not be 
     treated as part of the income tax laws of the United States 
     for purposes of determining the income tax law of such 
     possession unless such possession elects to have this 
     subsection be so treated.
       ``(5) Basis reduction and recapture.--Rules similar to the 
     rules of subsections (a) and (c) of section 50 shall apply 
     with respect to--
       ``(A) any amount treated as a payment which is made by the 
     taxpayer under paragraph (1), and
       ``(B) any payment made pursuant to paragraph (2)(A).
       ``(6) Regulations.--The Secretary shall issue such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this subsection, 
     including--
       ``(A) regulations or other guidance providing rules for 
     determining a partner's distributive share of the tax exempt 
     income described in paragraph (2)(A)(i)(III), and
       ``(B) guidance to ensure that the amount of the payment or 
     deemed payment made under this subsection is commensurate 
     with the amount of the credit that would be otherwise 
     allowable (determined without regard to section 38(c)).
       ``(e) Termination of Credit.--The credit allowed under this 
     section shall not apply to property the construction of which 
     begins after December 31, 2026.''.
       (b) Recapture in Connection With Certain Expansions.--
       (1) In general.--Section 50(a) of the Internal Revenue Code 
     of 1986 is amended redesignating paragraphs (3) through (5) 
     as paragraphs (4) through (6), respectively, and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Certain expansions in connection with advanced 
     manufacturing facilities.--
       ``(A) In general.--If there is a an applicable transaction 
     by an applicable taxpayer before the close of the 10-year 
     period beginning on the date such taxpayer placed in service 
     investment credit property which is eligible for the advanced 
     manufacturing investment credit under section 48D(a), then 
     the tax under this chapter for the taxable year in which such 
     transaction occurs shall be increased by 100 percent of the 
     aggregate decrease in the credits allowed under section 38 
     for all prior taxable years which would have resulted solely 
     from reducing to zero any credit determined under section 46 
     which is attributable to the advanced manufacturing 
     investment credit under section 48D(a) with respect to such 
     property.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     applicable taxpayer demonstrates to the satisfaction of the 
     Secretary that the applicable transaction has been ceased or 
     abandoned within 45 days of a determination and notice by the 
     Secretary.
       ``(C) Regulations and guidance.--The Secretary shall issue 
     such regulations or other guidance as the Secretary 
     determines necessary or appropriate to carry out the purposes 
     of this paragraph, including regulations or other guidance 
     which provide for requirements for recordkeeping or 
     information reporting for purposes of administering the 
     requirements of this paragraph.''.

[[Page S3659]]

       (2) Applicable transaction; applicable taxpayer.--Section 
     50(a)(6) of the Internal Revenue Code of 1986, as 
     redesignated by paragraph (1), is amended adding at the end 
     the following new subparagraphs:
       ``(D) Applicable transaction.--For purposes of this 
     subsection, the term `applicable transaction' means, with 
     respect to any applicable taxpayer, any transaction (as 
     determined by the Secretary, in coordination with the 
     Secretary of Commerce and the Secretary of Defense) involving 
     the expansion of semiconductor manufacturing capacity of such 
     applicable taxpayer in the People's Republic of China or a 
     foreign country of concern (as defined in section 9901(7) of 
     the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021).
                                 ______
                                 
  SA 5182. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed to amendment SA 5140 submitted by Mr. Carper (for 
himself, Mrs. Capito, Mr. Cardin, and Mr. Cramer) and intended to be 
proposed to the bill H.R. 7776, to provide for improvements to the 
rivers and harbors of the United States, to provide for the 
conservation and development of water and related resources, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 4__. CHARLESTON PENINSULA, SOUTH CAROLINA.

       (a) In General.--Notwithstanding any other provision of 
     law, the project for hurricane and storm damage risk 
     reduction, Charleston Peninsula, South Carolina, if 
     authorized by this Act, shall no longer be authorized after 
     the date described in subsection (b) unless, by that date, 
     the non-Federal interest has entered into a project 
     partnership agreement for the project, or a separable element 
     of the project, as described in section 221(a) of the Flood 
     Control Act of 1970 (42 U.S.C. 1962d-5b(a)).
       (b) Date Described.--The date referred to in subsection (a) 
     is the later of--
       (1) the last day of the 7-year period beginning on the date 
     of enactment of this Act; and
       (2) the date that is 7 years after the date on which a 
     design agreement for the project described in that subsection 
     is executed.

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