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“TEXT OF AMENDMENTS” mentioning Joni Ernst and Chuck Grassley was published in the Senate section on pages S3430-S3460 on May 25.
Of the 100 senators in 117th Congress, 24 percent were women, and 76 percent were men, according to the Biographical Directory of the United States Congress.
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TEXT OF AMENDMENTS
SA 1974. Mr. MERKLEY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division C, add the following:
TITLE VI--MISCELLANEOUS
SEC. 3601. APPEAL OF ASSIGNMENT RESTRICTIONS OR PRECLUSION.
Section 414(a) of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended by adding at the end the following: ``Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.''.
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SA 1975. Mr. WYDEN proposed an amendment to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; as follows:
At the end of title III of division F, add the following:
SEC. 6302. TRADE POLICY AND CONGRESSIONAL OVERSIGHT OF COVID-
19 RESPONSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is imperative to promote the development and deployment of vaccines, including to address pandemics like the pandemic relating to COVID-19 and its variants;
(2) as a developed nation with a longstanding commitment to promoting global health, innovation, access to medicine, public welfare, and security, the United States will continue to use the resources and tools at its disposal to promote the distribution of life-saving COVID-19 vaccines to other countries;
(3) President Biden should continue to work with foreign governments, multilateral institutions, nongovernmental organizations, manufacturers, and other stakeholders to quickly identify and address, through targeted and meaningful action, obstacles to ending the COVID-19 pandemic, whether those obstacles are legal, regulatory, contractual, or otherwise;
(4) in any efforts to address trade-related obstacles to ending the COVID-19 pandemic, President Biden should consider how any action would complement the whole-of-government approach of the President to ending the COVID-19 pandemic worldwide, including how any action would impact competitiveness, innovation, and the national security of the United States in the short- and long-term;
(5) the President should strive to create the most appropriate balance between access to COVID-19 vaccines and therapeutics and generating an innovative environment in the United States;
(6) the President should take into account the efforts of malign nations or entities to obtain intellectual property of United States persons through forced technology transfer, theft, or espionage, and accordingly make all efforts to protect that intellectual property from such nations or entities; and
(7) in any efforts to address trade-related obstacles to ending the COVID-19 pandemic, Congress expects timely and meaningful consultations on any negotiations and any agreements or decisions reached regarding matters of concern to members of Congress and their constituents, including issues of competitiveness, innovation, and national security.
(b) Trade Policies With Respect to the COVID-19 Pandemic.--
(1) In general.--It is the policy of the United States to facilitate an effective and efficient response to the global pandemic with respect to COVID-19 by expediting access to life-saving vaccines, medicines, diagnostics, medical equipment, and personal protective equipment.
(2) Elements.--The United States Trade Representative shall pursue a timely, effective, and efficient response to the trade aspects of the COVID-19 pandemic, including by endeavoring to--
(A) expedite access to medicines and life-saving products through trade facilitation measures;
(B) obtain a reduction or elimination of nontariff barriers and distortions that impact the procurement of life-saving products;
(C) take action to increase access to COVID-19 vaccines globally, while avoiding providing access to intellectual property to nations or entities that seek to utilize the technology for other uses or that may otherwise pose a threat to national security;
(D) eliminate practices that adversely affect trade in perishable or temperature-sensitive products, and facilitate the transfer of materials and products in a manner that preserves their integrity;
(E) further strengthen the system of international trade and investment disciplines by demonstrating sufficient flexibility to respond to a global crisis while retaining a balanced approach to the rights of innovators;
(F) encourage greater cooperation between the World Trade Organization and other international organizations and public-private partnerships, including the World Health Organization, the United Nations Children's Emergency Fund
(commonly referred to as ``UNICEF''), the World Bank, and Gavi, the Vaccine Alliance; and
(G) take into account other legitimate domestic policies of the United States, including health and safety, national security, consumer interests, intellectual property rights, and the laws and regulations related thereto.
(c) Congressional Oversight, Consultations, and Access to Information.--
(1) Intent to negotiate.--If the United States Trade Representative enters any negotiation pursuant to the trade policies described in subsection (b), the Trade Representative shall--
(A) submit to Congress and publish in the Federal Register a statement specifying the objectives of the United States in pursuing the negotiation; and
(B) submit to Congress an assessment of how and to what extent entering the negotiation will achieve the trade policies described in subsection (b).
(2) Consultation and briefing before making proposals.--Before making any textual proposal pursuant to the trade policies described in subsection (b), the United States Trade Representative shall--
(A) consistent with section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872), consult with the heads of relevant Federal agencies, including the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Defense, which shall include, as appropriate, discussion of--
(i) the most effective means of addressing the COVID-19 pandemic and any variants to the COVID-19 virus, including by increasing the distribution of COVID-19 vaccines;
(ii) any sensitive technology or intellectual property rights related to the proposal;
(iii) any nations or entities of concern that may benefit from the proposal; and
(iv) other issues that may influence negotiations with respect to the proposal; and
(B) brief members of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the proposal, including with respect to how the objectives sought by the Trade Representative fit into a larger strategy of ending the COVID-19 pandemic.
(3) Consultations during negotiations.--In the course of any negotiations pursuant to the trade policies described in subsection (b), the United States Trade Representative shall--
(A) upon request of any Member of Congress, provide access to pertinent documents relating to the negotiations, including classified materials;
(B) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, including by providing any relevant text proposals before discussing those proposals with negotiation participants;
(C) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Senate Advisory Group on Negotiations and the House Advisory Group on Negotiations convened under section 104(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4203(c)) and each committee of the Senate and the House of Representatives, and each joint committee of Congress, with jurisdiction over laws that could be affected by the negotiations; and
(D) follow the guidelines on enhanced coordination with Congress established pursuant to section 104(a)(3) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4203(a)(3)) regarding consultations with Congress, access to text, and public engagement for the negotiations to the same extent as those guidelines apply to negotiations covered under that section.
(4) Consultation with congress before concluding negotiations.--
(A) Consultation.--Before either reaching a final agreement or exercising authority provided under section 122(b)(3) of the Uruguay Round Agreements Act (19 U.S.C. 3532(b)(3)) pursuant to the trade policies described in subsection (b), the United States Trade Representative shall consult with--
(i) the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives;
(ii) each committee of the Senate and the House of Representatives, and each joint committee of Congress, with jurisdiction over laws that could be affected by the agreement or exercise of authority; and
(iii) the Senate Advisory Group on Negotiations and the House Advisory Group on Negotiations convened under section 104(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4203(c)).
(B) Scope.--In conducting consultation under subparagraph
(A), the Trade Representative shall--
(i) provide the text of any proposed agreement for final consideration; and
(ii) consult with respect to--
(I) the nature of the agreement; and
(II) how and to what extent the agreement will achieve the trade policies described in subsection (b).
(d) Definitions.--In this section, the terms ``World Trade Organization'', ``WTO'', and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).
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SA 1976. Mr. MERKLEY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
On page 712, strike lines 12 through 17 and insert the following:
(4) the United States Government and other governments around the world must actively oppose racism and intolerance, and use all available and appropriate tools to combat the spread of anti-Asian racism and discrimination;
(5) the United States Government should not restrict the career opportunities of its employees on the basis of race, color, religion, sex, national origin, disability, or age; and
(6) the Department of State should expand the appeals process it makes available to employees related to assignment restrictions and preclusions.
______
SA 1977. Mr. MERKLEY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title II of division C, add the following:
SEC. 3219L. SENSE OF CONGRESS ON DEFENDING AUSTRALIA FROM
ECONOMIC COERCION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the alliance between the United States and Australia provides strategic, economic, and cultural value to both nations;
(2) the security and prosperity of each is vital to the future security and prosperity of both nations;
(3) the close, longstanding cooperation between the United States and Australia in strategic and military affairs is built on strong bonds of trust between the two nations that bolster security and stability in the Indo-Pacific;
(4) Australia is currently the target of a concerted campaign of economic coercion by the People's Republic of China aimed at punishing the government and people of one of the United States' closest allies for the exercise of their sovereign, democratic rights;
(5) the People's Republic of China has employed similar forms of economic coercion against other countries on many other occasions, not only within the Indo-Pacific but around the world;
(6) such a campaign, if successful, has the potential to undermine the sovereignty of Australia and the ability of the Government of Australia to act in concert with the United States toward the shared goal of a free and open Indo-Pacific; and
(7) the routine use of economic coercion by the People's Republic of China against Australia and other countries undermines those countries' ability to speak or act in defense of their own sovereignty, democratic values, and human rights, and is therefore a threat to a free and open global order.
(b) Statement of Policy.--It shall be the policy of the United States--
(1) to stand with Australia in its moment of need, providing relevant support to the Government and people of Australia to mitigate the costs of economic coercion by the People's Republic of China to the greatest extent possible;
(2) to work with the Government of Australia and other allies and partners to coordinate collective, cooperative responses to both threatened and actual instances of economic coercion by the People's Republic of China; and
(3) to devise a strategy to guide the implementation of such responses, and to put in place the appropriate personnel, mechanisms, and collective structures to facility their effectiveness.
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SA 1978. Mr. MERKLEY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 1071, strike line 3 and all that follows through page 1075, line 3, and insert the following:
(8) Coordinating with relevant third countries to identify other avenues to assist the partner country, minimize beggar-thy-neighbor trade disruptions, and build shared awareness of and resilience to economic coercion.
(b) Institutional Support.--The pilot program required by subsection (a) should include the following elements:
(1) Identification and designation of relevant personnel within the United States Government with expertise relevant to the objectives specified in subsection (a), including personnel in--
(A) the Department of State, for overseeing the economic defense response team's activities, engaging with the partner country government and other stakeholders, and other purposes relevant to advancing the success of the mission of the economic defense response team;
(B) the United States Agency for International Development, for the purposes of providing technical, humanitarian, and other assistance, generally;
(C) the Department of the Treasury, for the purposes of providing advisory support and assistance on all financial matters and fiscal implications of the crisis at hand;
(D) the Department of Commerce, for the purposes of providing economic analysis and assistance in market development relevant to the partner country's response to the crisis at hand, technology security as appropriate, and other matters that may be relevant;
(E) the Department of Energy, for the purposes of providing advisory services and technical assistance with respect to energy needs as affected by the crisis at hand;
(F) the Department of Homeland Security, for the purposes of providing assistance with respect to digital and cybersecurity matters, and assisting in the development of any contingency plans referred to in paragraphs (3) and (6) of subsection (a) as appropriate;
(G) the Department of Agriculture, for providing advisory and other assistance with respect to responding to coercive measures such as arbitrary market closures that affect the partner country's agricultural sector;
(H) the Office of the United States Trade Representative with respect to providing support and guidance on trade and investment matters; and
(I) other Federal departments and agencies as determined by the President.
(2) Negotiation of memoranda of understanding, where appropriate, with other United States Government components for the provision of any relevant participating or detailed non-Department of State personnel identified under paragraph
(1).
(3) Negotiation of contracts, as appropriate, with private sector representatives or other individuals with relevant expertise to advance the objectives specified in subsection
(a).
(4) Development within the United States Government of--
(A) appropriate training curricula for relevant experts identified under paragraph (1) and for United States diplomatic personnel in a country actually or potentially threatened by coercive economic measures;
(B) operational procedures and appropriate protocols for the rapid assembly of such experts into one or more teams for deployment to a country actually or potentially threatened by coercive economic measures; and
(C) procedures for ensuring appropriate support for such teams when serving in a country actually or potentially threatened by coercive economic measures, including, as applicable, logistical assistance, office space, information support, and communications.
(5) Negotiation with relevant potential host countries of procedures and methods for ensuring the rapid and effective deployment of such teams, and the establishment of appropriate liaison relationships with local public and private sector officials and entities.
(c) Reports Required.--
(1) Report on establishment.--Upon establishment of the pilot program required by subsection (a), the Secretary of State shall provide the appropriate committees of Congress with a detailed report and briefing describing the pilot program, the major elements of the program, the personnel and institutions involved, and the degree to which the program incorporates the elements described in subsection (a).
(2) Follow-up report and strategy.--Not later than one year after the report required by paragraph (1), the Secretary of State shall provide the appropriate committees of Congress with--
(A) a detailed report and briefing describing the operations over the previous year of the pilot program established pursuant to subsection (a), as well as the Secretary's assessment of its performance and suitability for becoming a permanent program; and
(B) a strategy for building shared resilience to economic coercion among partners that includes steps that could be taken in addition to or instead of such pilot program.
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SA 1979. Mr. MERKLEY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division C, add the following:
SEC. 3314. SENSE OF CONGRESS ON THE XXIV OLYMPIC WINTER GAMES
AND THE XIII PARALYMPIC WINTER GAMES.
It is the sense of Congress that the International Olympic Committee should relocate the XXIV Olympic Winter Games and XIII Paralympic Winter Games due to the crimes against humanity and other serious violations of human rights committed by the People's Republic of China in mainland China, the Xinjiang Uyghur Autonomous Region, Hong Kong, the Tibet Autonomous Region and other Tibetan areas, the Inner Mongolia Autonomous Region, and elsewhere.
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SA 1980. Mr. WARNOCK submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
On page 68, beginning on line 2, strike ``(or'' and all that follows through line 8 and insert ``(or an institution of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives);''.
On page 72, beginning on line 20, strike ``(or'' and all that follows through line 24 and insert ``(or an institution of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives);''.
On page 88, strike lines 4 through 12 and insert the following:
(i) a historically Black college or university which is a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061));
(ii) a Hispanic-serving institution (as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a));
(iii) a Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c));
(iv) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)));
(v) a Predominantly Black Institution (as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)));
(vi) an Asian American and Native American Pacific Islander-serving institution (as defined in Section 371(c) of the Higher Education Act of 1965);
(vii) a Native American-serving nontribal institution (as defined in Section 371(c) of the Higher Education Act of 1965); or
(viii) an institution of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives; and
On page 110, beginning on line 9, strike ``institutions of higher education'' and all that follows through ``Indians'' on line 13 and insert ``institutions of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives,''.
Beginning on page 111, on line 25, strike ``(or'' and all that follows through line 4 on page 112 and insert ``(or institutions of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives);''.
On page 137, beginning on line 1, strike ``or an institution'' and all that follows through line 5 and insert
``or an institution of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives).''.
On page 184, beginning on line 6, strike ``(or'' and all that follows through ``Indians)'' on line 10 and insert ``(or an institution of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives)''.
On page 207, beginning on line 14, strike ``(and'' and all the follows through ``Indians)'' on line 18 and insert ``(and institutions of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives)''.
Beginning on page 207, on line 22, strike ``(and'' and all that follows through line 2 on page 208 and insert ``(and institutions of higher education with an established STEM capacity building program focused on Native Hawaiians and Alaska Natives).''.
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SA 1981. Mrs. MURRAY (for herself and Mr. Burr) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 6122 and insert the following:
SEC. 6122. LIMITATIONS ON CERTAIN HIGHER EDUCATION ACT GRANT
FUNDING FOR INSTITUTIONS OF HIGHER EDUCATION
WITH CONFUCIUS INSTITUTES.
(a) Definitions.--In this section--
(1) the term ``Confucius Institute'' means a cultural institute established as a partnership between a United States institution of higher education and a Chinese institution of higher education to promote and teach Chinese language and culture that is funded, directly or indirectly, by the Government of the People's Republic of China; and
(2) the term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(b) Restrictions of Confucius Institutes.--Except as provided in subsection (d), an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute shall not be eligible to receive Federal funds provided under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), except for funds provided under title IV of such Act, unless the Secretary of Education, after consultation with the National Academies of Science, Engineering, and Medicine, determines a waiver of this subsection is appropriate, in accordance with subsection
(c).
(c) Confucius Institute Contracts or Agreements.--The Secretary of Education, after consultation with the National Academies of Science, Engineering, and Medicine, may issue a waiver of subsection (b) for an institution of higher education that maintains a contract or agreement between such institution of higher education and a Confucius Institute, and publishes such waiver on the website of the Department of Education, if--
(1) the contract or agreement includes clear provisions that--
(A) protect academic freedom at the institution;
(B) prohibit the application of any foreign law on any campus of the institution; and
(C) grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute; and
(2) the institution makes available for public inspection--
(A) a true copy of the contract or agreement between the institution and the Confucius Institute; and
(B) a translation in English of the contract or agreement between the institution and the Confucius Institute that is certified by a third party translator.
(d) Special Rule.--Notwithstanding any other provision of this section, this section shall not apply to an institution of higher education that maintains a contract or agreement between the institution and a Confucius Institute, if the institution--
(1) has made available for public inspection--
(A) a true copy of the contract or agreement between the institution and the Confucius Institute; and
(B) a translation in English of the contract or agreement between the institution and the Confucius Institute that is certified by a third party translator; and
(2) has fulfilled the requirements for a waiver from--
(A) the Department of Defense as described under section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283); or
(B) the Director of the National Science Foundation in accordance with section 2525.
(e) Sunset.--This section shall cease to be effective on the date that is 5 years after the date of enactment of this Act.
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SA 1982. Mr. YOUNG submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
In section 3209(c)(2), strike ``and the Secretary of the Treasury'' and insert ``, the Secretary of the Treasury, the Director of the National Science Foundation, and the Secretary of Energy''.
______
SA 1983. Mr. YOUNG submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division F, add the following:
TITLE IV--AGGREGATED DEMAND MAPPING AND SUPPLY CHAINS
SEC. 6401. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives.
(2) Input.--The term ``input''--
(A) means a natural resource, raw material, or human resource used to construct a finished product or other good; and
(B) may be comprised of one or more components.
(3) Secretary.--The term ``Secretary'' means the Secretary of Commerce.
(4) Target industry.--The term ``target industry'' means an industry identified under section 6403(a).
(5) United states business.--The term ``United States business'' means a business that has a primary headquarters located in a State or territory of the United States.
SEC. 6402. PURPOSES.
The purposes of this title are--
(1) to reduce reliance on foreign manufacturing, boost United States job opportunities, and support domestic manufacturing;
(2) to provide transparency and assistance to manufacturers in order to divert supply chains from foreign countries and back to the United States; and
(3) to facilitate understanding of the implications of economic, public health, and national security vulnerabilities in the United States supply chain.
SEC. 6403. PILOT PROGRAM ON ONLINE TOOLKIT AND DATABASE ON
AGGREGATED DEMAND MAPPING AND SUPPLY CHAINS FOR
UNITED STATES BUSINESSES.
(a) Determination of Target Industries.--
(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall identify 3 industries in the United States in which supply chain vulnerabilities exist related to the national security, economic security, or public health of the United States.
(2) Consultations.--The Secretary may consult with the heads of other agencies in identifying the 3 target industries under paragraph (1).
(b) Pilot Program for Development of Online Toolkit and Database.--Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall carry out a pilot program to develop--
(1) an online toolkit described in subsection (c); and
(2) a private and confidential database described in subsection (d).
(c) Online Toolkit.--
(1) In general.--The online toolkit described in this subsection is a mechanism under which--
(A) United States businesses directly related to a target industry voluntarily submit to the Secretary information, subject to subsection (e), on the products produced by such businesses and the inputs required for such products, which may include, with respect to such an input--
(i) the specific geographic location of the production of the input, including if the input is sourced from the United States or a foreign country;
(ii) the business name of a supplier of the input;
(iii) information related to perceived or realized challenges in securing the input;
(iv) information related to the suspected vulnerabilities or implications of a disruption in securing the input, whether related to national security or the effect on the United States business; or
(v) in the case of an input sourced from a foreign country, information on--
(I) why the input is sourced from a foreign country rather than in the United States; and
(II) if the United States business would be interested in identifying an alternative produced in the United States;
(B) United States businesses may opt in to requesting and receiving contact information or general information about a United States source or a foreign source for an input; and
(C) the Secretary makes information provided under this subsection available, subject to the requirements of subsection (e), to enable other United States businesses to identify inputs for their products produced in the United States.
(2) Restrictions on access to online toolkit.--
(A) In general.--The Secretary--
(i) shall ensure that the online toolkit described in paragraph (1) is accessible only by United States businesses registered with the Department of Commerce under subparagraph
(B); and
(ii) may determine the scope of the access of a United States business described in subparagraph (A) to the online toolkit.
(B) Registration of united states businesses.--The Secretary shall establish a process for registering each United States business that seeks access to the online toolkit. In registering a United States business under this subparagraph, the Secretary shall verify the identity of the business and that the business is not a foreign entity.
(3) Format; public availability.--The Secretary shall ensure that the online toolkit described in paragraph (1) is--
(A) searchable and filterable according to the type of information; and
(B) presented in a user-friendly format.
(d) Database.--
(1) In general.--The database described in this subsection is a database--
(A) containing information--
(i) described in subsection (c) voluntarily submitted by United States businesses directly related to a target industry; and
(ii)(I) with respect to which such businesses have specified under subsection (e)(1)(A)(ii) that the information is private and authorized to be shared only with the Department of Commerce for purposes of the analysis of supply chain vulnerabilities under section 6405; or
(II) treated as private and confidential under subsection
(e)(1)(B); and
(B) available only to senior officials of the Department of Commerce for purposes of conducting that analysis.
(2) Prohibition on access.--The Secretary shall prohibit any private entity from requesting or receiving information included in the database described in paragraph (1).
(3) Security.--The Secretary shall make every reasonable effort to ensure the security and integrity of all information stored within the database described in paragraph
(1) and to safeguard the database against cyberattacks.
(e) Confidentiality of Information.--
(1) Restriction of sharing of information by united states businesses.--The Secretary shall ensure that, in submitting information to the Secretary under this section--
(A) a United States business is able to specify--
(i) what information may be shared with other United States businesses, including what information may be searchable by other businesses seeking to obtain information on inputs for their products produced in the United States;
(ii) what information should be private and shared only with the Department of Commerce for purposes of the analysis of supply chain vulnerabilities under section 6405; and
(iii) what information is business confidential or otherwise proprietary in nature and may be restricted in its dissemination to Congress in accordance with paragraph (2); and
(B) if a United States business does not specify under subparagraph (A) how the information may be shared, that information is treated as private and confidential.
(2) Exemption from public disclosure.--Information submitted to the Secretary in relation to the online toolkit and database established under this section--
(A) may not be considered public records and shall be exempt from any Federal law relating to public disclosure requirements; and
(B) may not be subject to discovery or admission as public information or evidence in judicial or administrative proceedings without the consent of the United States business that submitted the information.
(f) Verification of Information.--The Secretary shall establish a process for verifying the accuracy of information submitted to the Secretary under this section.
(g) Reporting.--
(1) Report to congress.--
(A) In general.--Not later than 18 months after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit to the appropriate congressional committees a report that includes--
(i) an assessment of the pilot program carried out under this section, including statistics regarding the number of new entries, total businesses involvement, and any change in participation rate in the online toolkit and database during the preceding 180-day period;
(ii) recommendations for additional actions to improve the online toolkit and database and participation in the online toolkit and database; and
(iii) such other information as the Secretary considers appropriate.
(B) Form.--Each report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex.
(2) Public report.--
(A) In general.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall post on a publicly available website of the Department of Commerce a report that, except as provided by subparagraph (B), includes--
(i) general statistics related to foreign and domestic sourcing of inputs used by United States businesses;
(ii) an estimate of the percentage of total inputs used by United States businesses obtained from foreign countries;
(iii) data on such inputs disaggregated by industry, geographical location, and size of operation; and
(iv) a description of the methodology used to calculate the statistics and estimates described in this subparagraph.
(B) Insufficient information.--If the Secretary determines that insufficient information was submitted by United States businesses under this section to generate the statistics and estimates described in subparagraph (A), the Secretary may
(subject to subsection (e)) determine what information is appropriate to make available to the public under this paragraph.
(C) Consultations.--The Secretary shall consult with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence in drafting the report required by subparagraph (A) to ensure that no sensitive information will be included in the report.
(h) Applicability of Other Laws.--The Secretary shall carry out this section in accordance with the following provisions of law:
(1) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act'').
(2) Section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act of 1974'').
(3) Section 1905 of title 18, United States Code (commonly referred to as the ``Trade Secrets Act'').
(i) Authorization of Appropriations.--
(1) Initial funding.--There are authorized to be appropriated to the Secretary $12,000,000 for fiscal year 2022--
(A) for the establishment of the online toolkit and database under this section; and
(B) for the salaries and expenses of additional staff to carry out this section.
(2) Ongoing funding.--There are authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2023 and 2024 to carry out this section.
(3) Return of funds.--The Secretary shall return to the Treasury any funds appropriated pursuant to an authorization of appropriations under this subsection that have not been obligated by the end of the fiscal year for which the funds were appropriated.
SEC. 6404. NATIONAL PUBLIC OUTREACH CAMPAIGN.
(a) In General.--The Secretary shall carry out a national public outreach campaign--
(1) to educate United States businesses about the existence of the online toolkit and database established under section 6403; and
(2) to facilitate and encourage the participation of such businesses in the online toolkit and database.
(b) Outreach Requirement.--In carrying out the campaign under subsection (a), the Secretary shall--
(1) establish an advertising and outreach program directed to businesses, industries, State and local agencies, chambers of commerce, and labor organizations--
(A) to facilitate understanding of the value of an aggregated demand mapping system; and
(B) to advertise that the online toolkit described in section 6403(c) is available for that purpose;
(2) notify appropriate State agencies not later than 10 days after the date of the enactment of this Act regarding the development of the online toolkit; and
(3) post a notice on a publicly available website of the Department of Commerce and establish a social media awareness campaign to advertise the online toolkit.
(c) Coordination.--In carrying out the campaign under subsection (a), the Secretary may coordinate with other Federal agencies and State or local agencies as appropriate.
(d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $8,000,000 for each of fiscal years 2022 through 2024 to carry out this section.
(e) Separate Accounting.--
(1) Budgetary line item.--The Secretary shall include in the budget justification materials submitted to Congress in support of the Department of Commerce budget for fiscal years 2023 and 2024 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) specific identification, as a budgetary line item, of the amounts required to carry out the campaign under subsection
(a).
(2) Prohibition on commingling.--Amounts appropriated to carry out this section may not be commingled with any other amounts appropriated to the Department of Commerce.
SEC. 6405. ANALYSIS OF SUPPLY CHAIN VULNERABILITIES.
The Secretary shall use the information in the database described in section 6403(d) to identify and analyze vulnerabilities in the United States supply chains of the target industries that will result in a threat, if disrupted, to the national security, economic security, or public health of the United States.
SEC. 6406. USE OF DEPARTMENT OF COMMERCE RESOURCES.
(a) In General.--The Secretary--
(1) shall, to the maximum extent practicable, construct the online toolkit and database established under section 6403, and related analytical features, using expertise within the Department of Commerce; and
(2) may, as appropriate, adopt new technologies and hire additional employees to carry out this title.
(b) Minimization of Contracting.--If the activities described in paragraphs (1) and (2) of subsection (a) cannot be completed without the employment of contractors, the Secretary should seek to minimize the number of contractors and the scope of the contract.
SEC. 6407. AUTHORIZATION OF APPROPRIATIONS FOR CYBERSECURITY
INFRASTRUCTURE.
There are authorized to be appropriated to the Secretary of Commerce $5,000,000 for each of fiscal years 2022 through 2024 for efforts relating to collecting and protecting information, and modernizing the technology infrastructure of the Department of Commerce.
SEC. 6408. TERMINATION.
This title shall terminate on September 30, 2026.
______
SA 1984. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II of division E, insert the following:
SEC. 52__. SHAREHOLDER NATIONAL SECURITY AWARENESS.
(a) Short Title.--This section may be cited as the
``Shareholder National Security Awareness Act of 2021''.
(b) Findings.--Congress finds the following:
(1) The national security of the United States is a necessary condition for the advancement of the national public interest, the general welfare, and the volume of credit available for trade, industry, and transportation, which form the bases for the necessity of the regulation of transactions in securities, as described in section 2 of the Securities Exchange Act of 1934 (15 U.S.C. 78b).
(2) Transactions in securities may adversely affect the national security of the United States in a manner that is analogous to the circumstances described in paragraphs (3) and (4) of section 2 of the Securities Exchange Act of 1934
(15 U.S.C. 78b), which state that the unreasonable expansion and contraction of the volume of credit is caused by the susceptibility of the prices of securities to manipulation and control, excessive speculation, and sudden and unreasonable fluctuations.
(3) In the case of the national security of the United States, the susceptibility of the prices of securities to manipulation and control, excessive speculation, and sudden and unreasonable fluctuations may create business financing conditions that prevent, erode, or cause the abandonment of long-term investment that is necessary for the formation, development, and maintenance of capital assets that perform functions that are essential to the national security of the United States by--
(A) undervaluing those capital assets relative to their necessity to the United States; and
(B) overvaluing transactions that would reduce, downsize, outsource, or offshore the operation of those capital assets.
(4) In the report to Congress required under section 2504 of title 10, United States Code, with respect to fiscal year 2020, the Department of Defense stated that ``a U.S. business climate that has favored short-term shareholder earnings . .
. [has] severely damaged America's ability to arm itself today and in the future''.
(5) The susceptibility of the prices of securities to manipulation and control, excessive speculation, and sudden and unreasonable fluctuations establishes, with respect to capital assets that are essential to the national security of the United States, a justification for providing shareholders with greater information regarding the possible adverse effects of certain transactions on the national security of the United States in order to improve the stability, quality, and informational efficiency of the market for those capital assets.
(c) Definitions.--In this section:
(1) Cause.--The term ``cause'' means to directly or indirectly cause.
(2) Commission.--The term ``Commission'' means the Securities and Exchange Commission.
(3) Committee.--The term ``Committee'' means the Committee for the Assessment of National Security in Corporate Governance established under subsection (g).
(4) Covered provision.--The term ``covered provision'' means subparagraph (F) of section 13(d)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(d)(1)), as added by subsection (d)(1) of this section.
(5) Issuer.--The term ``issuer'' means an issuer with a class of securities registered pursuant to section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l).
(6) National security asset.--The term ``national security asset''--
(A) means an asset, the material reduction in the operation, the impairment, or the loss of which would harm the national security of the United States; and
(B) includes--
(i) any critical component, critical infrastructure, critical technology, critical technology item, and industrial resources, as those terms are defined in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552);
(ii) critical infrastructure and critical technologies, as those terms are defined in paragraphs (5) and (6) of section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)), respectively;
(iii) any intellectual property, or asset developed using intellectual property, that is developed through any program that has received funding, or that is authorized, under this Act; and
(iv) any facility or equipment developed through the program established under section 9902 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(7) Shareholder proposal.--The term ``shareholder proposal'' means a proposal by a shareholder that the applicable issuer is required to include in the proxy statement of the issuer under section 240.14a-8 of title 17, Code of Federal Regulations, as in effect on the date of enactment of this Act.
(8) Within the united states.--The term ``within the United States'' means within the United States or any territory or possession of the United States.
(d) Disclosure of Share Ownership With Respect to Plans or Proposals Affecting National Security Assets.--
(1) In general.--Section 13(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(d)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``Any person who'' and inserting ``Subject to paragraph (7), any person who'';
(ii) in subparagraph (D), by striking ``and'' at the end;
(iii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) whether such person has any plan or proposal that would be reasonably expected to, if implemented, cause a material reduction to the operation by the issuer of a national security asset, as all such applicable terms are defined in subsection (c) of the Shareholder National Security Awareness Act of 2021, within the United States or any territory or possession of the United States.'';
(B) in paragraph (6)(D), by inserting ``, except that this subparagraph shall not apply with respect to an acquisition or proposed acquisition to which paragraph (1)(F) applies'' after ``purposes of this subsection''; and
(C) by adding at the end the following:
``(7) With respect to a person that has a plan or proposal described in paragraph (1)(F), this subsection shall be applied by substituting `2.5 per centum' for `5 per centum' each place that term appears.''.
(2) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Commission shall amend section 240.13d-101 of title 17, Code of Federal Regulations, or any successor regulation, to ensure that such section is consistent with the covered provision.
(e) Rulemakings Regarding Review of the Effect of Proxy Solicitations and Proposals on National Security Assets.--Not later than 2 years after the date of enactment of this Act, the Commission shall--
(1) amend section 240.14a-2(b)(1)(vi) of title 17, Code of Federal Regulations, or any successor regulation, to provide that a person that is required to file a statement described in the covered provision is included as a person described in such section 240.14a-2(b)(1)(vi); and
(2) issue rules that permit an issuer to exclude from any proxy statement supplied by the issuer any shareholder proposal that would be reasonably expected to, if implemented, cause a material reduction to the operation by the issuer of a national security asset.
(f) Referral to Committee.--With respect to any material reviewed, or determination required to be made, by the Commission under a rule issued or amended under subsection
(d)(2) or (e), the Commission may refer the matter to the Committee, which shall review the matter in a manner that is consistent with the requirements of subsection (g).
(g) Committee for the Assessment of National Security in Corporate Governance.--
(1) Establishment.--There is established the Committee for the Assessment of National Security in Corporate Governance, the primary objective of which shall be to assist the Commission in the review by the Commission of matters relating to national security, including the covered provision and matters relating to any rule issued or amended under subsection (d)(2) or (e).
(2) Composition.--The Committee shall be composed of the following members:
(A) The Secretary of Defense.
(B) The Attorney General.
(C) The Secretary of Homeland Security.
(D) The Secretary of Commerce.
(E) The United States Trade Representative.
(F) The Secretary of State.
(3) Chair.--
(A) In general.--The Attorney General shall serve as Chair of the Committee.
(B) Duties of the chair.--The Chair shall--
(i) except as otherwise provided by this section, or the amendments made by this section, have the exclusive authority to act, or to authorize other members of the Committee to act, on behalf of the Committee, including communicating with the Commission and with persons subject to the reviews authorized under paragraph (4); and
(ii) in acting on behalf of the Committee--
(I) keep the Committee fully informed of the activities of the Chair; and
(II) consult with the Committee before taking any material actions under paragraph (4).
(4) Duties.--
(A) Review of share ownership disclosure and shareholder proposals.--Not later than 45 days after the date on which the Commission refers a matter to the Committee under subsection (f), the Committee shall--
(i) conduct a review to determine, based on a written, risk-based analysis, whether the plan or proposal that is the subject of the referred matter would be reasonably expected to, if implemented, cause a material reduction to the operation by the applicable issuer of a national security asset within the United States; and
(ii) communicate to the Commission any determination made by the Committee under clause (i).
(B) Communication.--The Committee may--
(i) communicate directly with any person that is the subject of a review under this paragraph; and
(ii) submit to any person described in clause (i) any questions or requests for information to establish facts necessary to conduct a review described in that clause.
(C) Totality of the circumstances.--In making any determination under this paragraph regarding whether a plan or proposal would reasonably be expected to, if implemented, cause a material reduction to the operation by the issuer of a national security asset, the Committee may consider any of the following:
(i) The totality of the circumstances with respect to the plan or proposal, including--
(I) consideration of whether, in taking a separate action, the person to which the determination applies is--
(aa) planning or proposing a material increase with respect to the operation of the applicable national security asset or any other national security asset; or
(bb) creating or developing any new asset relating to the national security of the United States that would offset the material reduction with respect to the operation of the national security asset; and
(II) whether that material reduction is caused by--
(aa) any sale of, or other disposition of (whether in a single transaction or a series of transactions) assets or capital stock;
(bb) any merger, consolidation, joint venture, partnership, spin-off, reverse spin-off, dissolution, restructuring, recapitalization, liquidation, or any other business combination or strategic transaction; or
(cc) any other transaction or event the Committee determines appropriate.
(ii) The totality of the circumstances with respect to the operation of the national security asset, including--
(I) the amount of time in operation of the applicable asset;
(II) the number, amount, or quality of inputs, whether from labor, energy, or other sources, contributing to the operation of the applicable asset;
(III) the number, amount, or quality of outputs, whether in the form of labor, components, or end-use products, that result from the operation of the applicable asset; and
(IV) any other measurement with respect to the operation that the Committee determines appropriate.
(D) Presumption of material reduction.--With respect to any review conducted by the Committee under this paragraph, there shall be a presumption, which may be rebutted through any information received by the Committee through communication permitted under subparagraph (B), that the plan or proposal that is the subject of the review would be reasonably expected to, if implemented, cause a material reduction to the operation by the applicable issuer of a national security asset if that plan or proposal would, if implemented, cause--
(i) in a fiscal year, distributions , including capital distributions, with respect to the common stock of the issuer to exceed the net income of the issuer with respect to any of the 3 most recently completed fiscal years of the issuer;
(ii) the sale of any material line of business of the issuer with respect to which the issuer has, or had in any of the 3 most recently completed fiscal years of the issuer, a contract with the Federal Government; or
(iii) a reduction in expenditures on research and development by the issuer in an amount that is more than 50 percent, as compared with the amount of those expenditures in any of the 3 most recently completed fiscal years of the issuer.
(5) Consensus.--
(A) In general.--The Committee shall attempt to reach consensus with respect to determinations made under paragraph
(4).
(B) Inability to reach consensus.--If the Committee is unable to reach consensus, as described in subparagraph (A)--
(i) the Chair shall present the issue to the Committee, which shall make a determination by majority vote; and
(ii) if the vote of the Committee under clause (i) is a tie, the Chair shall make the final decision regarding the applicable determination.
(C) Publicly available version of determination.--The Committee shall publish publicly a version of any determination made under paragraph (4) that provides the reasoning for the determination, which may have removed classified or other sensitive information from the determination or any analysis from the determination.
(D) Implementation.--
(i) Department of justice.--The Attorney General shall provide such funding and administrative support for the Committee as the Committee may require.
(ii) Other departments and agencies.--The heads of executive departments and agencies shall provide, as appropriate and to the extent permitted by law, such resources, information, and assistance as required to implement the reviews required by paragraph (4) within their respective agencies, including the assignment of staff to perform the duties described in this subsection.
(6) Inapplicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Committee or the activities of the Committee.
______
SA 1985. Mr. BARRASSO submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V of division B, insert the following:
SEC. 25___. NATIONAL STRATEGIC URANIUM RESERVE.
(a) Definitions.--In this section:
(1) Uranium reserve.--The term ``Uranium Reserve'' means the uranium reserve operated pursuant to the program established under subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Under Secretary for Science and Energy.
(b) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a program to operate a uranium reserve comprised of uranium recovered in the United States in accordance with this section.
(c) Purposes.--The purposes of the Uranium Reserve are--
(1) to address domestic nuclear supply chain issues;
(2) to provide assurance of the availability of uranium recovered in the United States in the event of a supply disruption; and
(3) to support strategic nuclear fuel cycle capabilities in the United States.
(d) Exclusion.--The Secretary shall exclude from the Uranium Reserve uranium that is recovered in the United States by an entity that--
(1) is owned or controlled by the Government of the Russian Federation or the Government of the People's Republic of China; or
(2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People's Republic of China.
(e) Funding.--Notwithstanding any other provision of this Act, of the amounts authorized in section 2117(a),
$150,000,000 is authorized for each of fiscal years 2022 through 2026 to carry out this section.
______
SA 1986. Mr. BARRASSO submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V of division B, insert the following:
SEC. 25__. HA-LEU BANK.
(a) Definitions.--In this section:
(1) HA-LEU.--The term ``HA-LEU'' means high-assay, low-enriched uranium.
(2) HA-LEU Bank.--The term ``HA-LEU Bank'' means the HA-LEU Bank operated pursuant to the program established under subsection (b).
(3) High-assay, low-enriched uranium.--The term ``high-assay, low-enriched uranium'' means uranium having an assay greater than 5.0 weight percent and less than 20.0 weight percent of the uranium-235 isotope.
(4) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Under Secretary for Science and Energy.
(b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to operate a HA-LEU Bank in accordance with this section.
(c) Purposes.--The purposes of the HA-LEU Bank are--
(1) to provide for the availability of domestically produced HA-LEU;
(2) to address domestic nuclear supply chain issues; and
(3) to support strategic nuclear fuel cycle capabilities in the United States.
(d) Exclusion.--The Secretary shall exclude from the HA-LEU Bank uranium that is enriched by an entity that--
(1) is owned or controlled by the Government of the Russian Federation or the Government of the People's Republic of China; or
(2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People's Republic of China.
(e) Funding.--Notwithstanding any other provision of this Act, of the amounts authorized in section 2117(a),
$150,000,000 is authorized for each of fiscal years 2022 through 2026 to carry out this section.
(f) Conforming Amendment.--Section 2001(a)(2)(D) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2)(D)) is amended--
(1) in clause (v)(III), by adding ``or'' after the semicolon at the end;
(2) by striking clause (vi); and
(3) by redesignating clause (vii) as clause (vi).
______
SA 1987. Mr. SCOTT of Florida (for himself, Mr. Cruz, Ms. Ernst, and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
In title V of division B, at the end add the following:
SEC. 25__. GRANTS FOR RESEARCHING COVID-19 ORIGINS.
(a) Awards.--Out of amounts made available to the Foundation under section 2116 for activities outside of the Directorate, the Director shall award grants to entities described in subsection (b) for the purpose of researching the origins of COVID-19, including researching any evidence of whether COVID-19--
(1) was in any way manufactured;
(2) escaped from a laboratory; or
(3) involved a zoonotic origin.
(b) Eligible Entities.--An entity described in this subsection is an entity that--
(1) is based in the United States; and
(2) submits a proposal to the Director for a grant under this section, which shall ensure that the entity complies, and all activities supported through the grant will comply, with all policies and procedures with respect to research security under title III, including by complying with the policy guidelines under paragraphs (2) and (3) of section 2303(a) with respect to prohibitions on participation in a foreign government talent recruitment program of the People's Republic of China, the Democratic People's Republic of Korea, the Russian Federation, or the Islamic Republic of Iran as described in such paragraphs.
(c) Annual Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter through the year following the date described in subsection (d), the Director shall provide to Congress, and make publicly available, a report on the findings of the research supported through the grants under this section.
(d) Sunset.--The authority for the Director to make grants under this section shall terminate on the date that is 3 years after the date of enactment of this Act.
______
SA 1988. Mr. BLUNT (for himself and Mr. Moran) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
In section 2507(b)(3), in the matter preceding subparagraph
(A), insert ``, subject to the availability of appropriations'' after ``may''.
In section 2507(b)(3)(C), strike ``by any prior or subsequent Act,''.
In section 2507(b), add at the end the following:
(5) Limitation.--The authorities provided for under paragraph (3), and the requirements thereof, shall be in addition to any other authorities provided under the law.
______
SA 1989. Mr. MORAN (for himself and Mr. Sanders) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, insert the following:
SEC. __. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
(a) Definitions.--In this section:
(1) Existing program.--The term ``existing program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that exists on the date on which the Secretary is carrying out a responsibility authorized under this section.
(2) Initiative.--The term ``Initiative'' means the Employee Ownership and Participation Initiative established under subsection (b).
(3) New program.--The term ``new program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that does not exist on the date on which the Secretary is carrying out a responsibility authorized under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary of Labor.
(5) State.--The term ``State'' has the meaning given the term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(b) Employee Ownership and Participation Initiative.--
(1) Establishment.--The Secretary of Labor shall establish within the Department of Labor an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking.
(2) Functions.--In carrying out the Initiative, the Secretary shall--
(A) support within the States existing programs designed to promote employee ownership and employee participation in business decisionmaking; and
(B) facilitate within the States the formation of new programs designed to promote employee ownership and employee participation in business decisionmaking.
(3) Duties.--To carry out the functions enumerated in paragraph (2), the Secretary shall--
(A) support new programs and existing programs by--
(i) making Federal grants authorized under subsection (d); and
(ii)(I) acting as a clearinghouse on techniques employed by new programs and existing programs within the States, and disseminating information relating to those techniques to the programs; or
(II) funding projects for information gathering on those techniques, and dissemination of that information to the programs, by groups outside the Department of Labor; and
(B) facilitate the formation of new programs, in ways that include holding or funding an annual conference of representatives from States with existing programs, representatives from States developing new programs, and representatives from States without existing programs.
(c) Programs Regarding Employee Ownership and Participation.--
(1) Establishment of program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to encourage new programs and existing programs within the States to foster employee ownership and employee participation in business decisionmaking throughout the United States.
(2) Purpose of program.--The purpose of the program established under paragraph (1) is to encourage new and existing programs within the States that focus on--
(A) providing education and outreach to inform employees and employers about the possibilities and benefits of employee ownership, business ownership succession planning, and employee participation in business decisionmaking, including providing information about financial education, employee teams, open-book management, and other tools that enable employees to share ideas and information about how their businesses can succeed;
(B) providing technical assistance to assist employee efforts to become business owners, to enable employers and employees to explore and assess the feasibility of transferring full or partial ownership to employees, and to encourage employees and employers to start new employee-owned businesses;
(C) training employees and employers with respect to methods of employee participation in open-book management, work teams, committees, and other approaches for seeking greater employee input; and
(D) training other entities to apply for funding under this subsection, to establish new programs, and to carry out program activities.
(3) Program details.--The Secretary may include, in the program established under paragraph (1), provisions that--
(A) in the case of activities described in paragraph
(2)(A)--
(i) target key groups, such as retiring business owners, senior managers, unions, trade associations, community organizations, and economic development organizations;
(ii) encourage cooperation in the organization of workshops and conferences; and
(iii) prepare and distribute materials concerning employee ownership and participation, and business ownership succession planning;
(B) in the case of activities described in paragraph
(2)(B)--
(i) provide preliminary technical assistance to employee groups, managers, and retiring owners exploring the possibility of employee ownership;
(ii) provide for the performance of preliminary feasibility assessments;
(iii) assist in the funding of objective third-party feasibility studies and preliminary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and
(iv) provide a data bank to help employees find legal, financial, and technical advice in connection with business ownership;
(C) in the case of activities described in paragraph
(2)(C)--
(i) provide for courses on employee participation; and
(ii) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and
(D) in the case of training described in paragraph (2)(D)--
(i) provide for visits to existing programs by staff from new programs receiving funding under this section; and
(ii) provide materials to be used for such training.
(4) Guidance.--The Secretary shall issue formal guidance, for recipients of grants awarded under subsection (d) and one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) affiliated with the workforce development systems (as so defined) of the States, proposing that programs and other activities funded under this section be--
(A) proactive in encouraging actions and activities that promote employee ownership of, and participation in, businesses; and
(B) comprehensive in emphasizing both employee ownership of, and participation in, businesses so as to increase productivity and broaden capital ownership.
(d) Grants.--
(1) In general.--In carrying out the program established under subsection (c), the Secretary may make grants for use in connection with new programs and existing programs within a State for any of the following activities:
(A) Education and outreach as provided in subsection
(c)(2)(A).
(B) Technical assistance as provided in subsection
(c)(2)(B).
(C) Training activities for employees and employers as provided in subsection (c)(2)(C).
(D) Activities facilitating cooperation among employee-owned firms.
(E) Training as provided in subsection (c)(2)(D) for new programs provided by participants in existing programs dedicated to the objectives of this section, except that, for each fiscal year, the amount of the grants made for such training shall not exceed 10 percent of the total amount of the grants made under this section.
(2) Amounts and conditions.--The Secretary shall determine the amount and any conditions for a grant made under this subsection. The amount of the grant shall be subject to paragraph (6), and shall reflect the capacity of the applicant for the grant.
(3) Applications.--Each entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(4) State applications.--Each State may sponsor and submit an application under paragraph (3) on behalf of any local entity consisting of a unit of State or local government, State-supported institution of higher education, or nonprofit organization, meeting the requirements of this section.
(5) Applications by entities.--
(A) Entity applications.--If a State fails to support or establish a program pursuant to this section during any fiscal year, the Secretary shall, in the subsequent fiscal years, allow local entities described in paragraph (4) from that State to make applications for grants under paragraph
(3) on their own initiative.
(B) Application screening.--Any State failing to support or establish a program pursuant to this section during any fiscal year may submit applications under paragraph (3) in the subsequent fiscal years but may not screen applications by local entities described in paragraph (4) before submitting the applications to the Secretary.
(6) Limitations.--A recipient of a grant made under this subsection shall not receive, during a fiscal year, in the aggregate, more than the following amounts:
(A) For fiscal year 2022, $300,000.
(B) For fiscal year 2023, $330,000.
(C) For fiscal year 2024, $363,000.
(D) For fiscal year 2025, $399,300.
(E) For fiscal year 2026, $439,200.
(7) Annual report.--For each year, each recipient of a grant under this subsection shall submit to the Secretary a report describing how grant funds allocated pursuant to this subsection were expended during the 12-month period preceding the date of the submission of the report.
(e) Evaluations.--The Secretary is authorized to reserve not more than 10 percent of the funds appropriated for a fiscal year to carry out this section, for the purposes of conducting evaluations of the grant programs identified in subsection (d) and to provide related technical assistance.
(f) Reporting.--Not later than the expiration of the 36-month period following the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report--
(1) on progress related to employee ownership and participation in businesses in the United States; and
(2) containing an analysis of critical costs and benefits of activities carried out under this section.
(g) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated for the purpose of making grants pursuant to subsection (d) the following:
(A) For fiscal year 2022, $4,000,000.
(B) For fiscal year 2023, $7,000,000.
(C) For fiscal year 2024, $10,000,000.
(D) For fiscal year 2025, $13,000,000.
(E) For fiscal year 2026, $16,000,000.
(2) Administrative expenses.--There are authorized to be appropriated for the purpose of funding the administrative expenses related to the Initiative, for each of fiscal years 2022 through 2026, an amount not in excess of the lesser of--
(A) $350,000; or
(B) 5.0 percent of the maximum amount available under paragraph (1) for that fiscal year.
______
SA 1990. Mr. MORAN (for himself, Ms. Baldwin, and Ms. Rosen) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
SEC. __. REGIONAL INNOVATION CLUSTERS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration.
(2) Alaska native corporation.--The term ``Alaska Native Corporation'' has the meaning given the term ``Native Corporation'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(3) Award.--The term ``award'' means a contract, grant, or cooperative agreement.
(4) Cluster initiative.--The term ``Cluster Initiative'' means a formally organized effort to promote the growth and competitiveness of an industry sector through collaborative activities among Industry Cluster participants that is led by--
(A) a State;
(B) an Indian Tribe, an Alaska Native Corporation, or a Native Hawaiian Organization;
(C) a city or other political subdivision of a State;
(D) a nonprofit organization, including an institution of higher education or a venture development organization; or
(E) a small business concern.
(5) Industry cluster.--The term ``Industry Cluster'' means a geographic concentration, relative to the size of the region under consideration, of interconnected businesses, suppliers, service providers, and associated institutions in an industry sector, including advanced manufacturing, precision agriculture, cybersecurity, biosciences, water technologies, energy production and efficiency, and outdoor recreation.
(6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Institution of higher education.--The term
``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(8) Native hawaiian organization.--The term ``Native Hawaiian Organization'' has the meaning given the term in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(9) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).
(10) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.
(b) Supporting Industry Clusters.--
(1) Authorization.--The Administrator shall make awards to Cluster Initiatives that strengthen Industry Clusters in accordance with the requirements under this subsection.
(2) Industry cluster outcomes.--Cluster Initiatives shall be assessed according to their performance along the following metrics:
(A) Growth in number of small business concerns participating in the Industry Cluster and support industries.
(B) Growth in number of small business concern startups in the Industry Cluster.
(C) Growth in total capital, including revenue and equity investments, flowing to small business concern participants in the Industry Cluster.
(D) Growth in job creation by small business concerns or, in regions with declining total employment, job retention by small business concerns in the Industry Cluster.
(E) Growth in new products, services, or business lines.
(F) Growth in new technologies developed within the Industry Cluster.
(3) Reporting.--The Administrator shall require Cluster Initiatives to submit annual reports documenting the outcomes in paragraph (2) and the activities contributing to those outcomes.
(4) Selection criteria.--In making awards to Cluster Initiatives under this subsection, the Administrator shall consider--
(A) the probable impact of the Cluster Initiative on the competitiveness of the Industry Cluster, including--
(i) whether the Cluster Initiative will be inclusive of any and all organizations that might benefit from participation, including startups, small business concerns not locally owned, and small business concerns rival to existing members of the Industry Cluster; and
(ii) whether the Cluster Initiative will encourage broad participation by and collaboration among all types of participants;
(B) if the proposed Cluster Initiative fits within a broader and achievable economic development strategy;
(C) the capacity and commitment of the sponsoring organization of the Cluster Initiative organization, including--
(i) the expected ability of the Cluster Initiative to access additional funds from other sources; and
(ii) the capacity of the Cluster Initiative to sustain activities once grant funds have been expended;
(D) the degree of involvement from relevant State and regional economic and workforce development organizations, other public purpose institutions (such as universities, community colleges, venture development organizations, and workforce boards), and the private sector, including industry associations;
(E) the extent to which economic diversity across regions of the United States would be increased through the award; and
(F) the geographic distribution of Cluster Initiatives around the United States.
(5) Initial award.--The Administrator may make a 1-year award not to exceed $1,000,000 with each Cluster Initiative.
(6) Renewal.--
(A) In general.--The Administrator may renew an award made to a Cluster Initiative under paragraph (5)--
(i) for 1 year in an amount not to exceed $750,000 per year; and
(ii) for a total period not to exceed 5 years.
(B) Requirement.--A Cluster Initiative shall compete in a new funding opportunity to receive any further awards under this subsection.
(7) Matching funds.--
(A) In general.--As a condition of receiving an award under this subsection, a Cluster Initiative shall provide 1 dollar in non-Federal matching funds, including in-kind contributions, for every 2 dollars received under the award.
(B) Waiver.--The Administrator may waive part of the matching funds requirement under subparagraph (A) for a Cluster Initiative that--
(i) has not previously received an award under this subsection; or
(ii) supports a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000.
(8) Competitive process.--The Administrator shall enter into new awards under this subsection for each year that appropriations are available.
(c) Feasibility Study Awards.--
(1) In general.--The Administrator may make awards for feasibility studies, planning, and operations to support the launch of new Cluster Initiatives.
(2) Amount.--The total amount of awards made under paragraph (1) shall not exceed $250,000.
(3) Eligible recipients.--The Administrator may make awards under paragraph (1) to--
(A) a State;
(B) an Indian Tribe, an Alaska Native Corporation, or a Native Hawaiian Organization;
(C) a city or other political subdivision of a State;
(D) a nonprofit organization, including an institution of higher education or a venture development organization; or
(E) a consortium consisting of entities described in subparagraphs (A) through (D).
(d) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for fiscal year 2022 and each subsequent fiscal year to carry out this section.
______
SA 1991. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division C, add the following:
SEC. 3314. INVESTIGATIONS OF ALLEGATIONS OF GOODS PRODUCED BY
FORCED LABOR.
Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended--
(1) by striking ``All'' and inserting the following:
``(a) In General.--All'';
(2) by striking `` `Forced labor', as herein used, shall mean'' and inserting the following:
``(c) Forced Labor Defined.--In this section, the term
`forced labor' means''; and
(3) by inserting after subsection (a), as designated by paragraph (1), the following:
``(b) Forced Labor Division.--
``(1) In general.--There is established in the Office of Trade of U.S. Customs and Border Protection a Forced Labor Division, which shall--
``(A) receive and investigate allegations of goods, wares, articles, or merchandise mined, produced, or manufactured using forced labor; and
``(B) coordinate with other agencies to enforce the prohibition under subsection (a).
``(2) Prioritization of investigations.--In prioritizing investigations under paragraph (1)(A), the Forced Labor Division shall--
``(A) consult closely with the Bureau of International Labor Affairs of the Department of Labor and the Office to Monitor and Combat Trafficking in Persons of the Department of State; and
``(B) take into account--
``(i) the complicity of--
``(I) the government of the foreign county in which the instance of forced labor is alleged to have occurred; and
``(II) the government of any other country that has facilitated the use of forced labor in the country described in subclause (I);
``(ii) the ranking of the governments described in clause
(i) in the most recent report on trafficking in persons required by section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1));
``(iii) whether the good involved in the alleged instance of forced labor is included in the most recent list of goods produced by child labor or forced labor required by section 105(b)(1)(2)(C) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)); and
``(iv) the effect taking action with respect to the alleged instance of forced labor would have in eradicating forced labor from the supply chain of the United States.
``(3) Quarterly briefings required.--Not less frequently than every 90 days, the Forced Labor Division shall provide briefings to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding--
``(A) allegations received under paragraph (1);
``(B) the prioritization of investigations of such allegations under paragraph (2); and
``(C) progress made toward--
``(i) issuing withhold release orders for goods, wares, articles, or merchandise mined, produced, or manufactured using forced labor; and
``(ii) making findings in and closing investigations conducted under paragraph (1).''.
______
SA 1992. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, add the following:
SEC. 6302. CENSORSHIP AS A TRADE BARRIER.
(a) In General.--Chapter 8 of title I of the Trade Act of 1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end the following:
``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DISRUPT DIGITAL
TRADE.
``(a) In General.--Not later than 60 days after the date on which the National Trade Estimate is submitted under section 181(b), the United States Trade Representative (in this section referred to as the `Trade Representative') shall identify, in accordance with subsection (b), foreign countries that are trading partners of the United States that engage in acts, policies, or practices that disrupt digital trade activities, including--
``(1) coerced censorship in their own markets or extraterritorially; and
``(2) other eCommerce or digital practices with the goal, or substantial effect, of promoting censorship or extrajudicial data access that disadvantages United States persons.
``(b) Requirements for Identifications.--In identifying countries under subsection (a), the Trade Representative shall identify only foreign countries that--
``(1) disrupt digital trade in a discriminatory or trade distorting manner with the goal, or substantial effect, of promoting censorship or extrajudicial data access;
``(2) deny fair and equitable market access to digital service providers that are United States persons with the goal, or substantial effect, of promoting censorship or extrajudicial data access; or
``(3) engage in coerced censorship or extrajudicial data access so as to harm the integrity of services or products provided by United States persons in the market of that country, the United States market, or other markets.
``(c) Designation of Priority Foreign Countries.--
``(1) In general.--The Trade Representative shall designate as priority foreign countries the foreign countries identified under subsection (a) that--
``(A) engage in the most onerous or egregious acts, policies, or practices that have the greatest impact on the United States; and
``(B) are not negotiating or otherwise making progress to end those acts, policies, or practices.
``(2) Revocations and additional identifications.--
``(A) In general.--The Trade Representative may at any time, if information available to the Trade Representative indicates that such action is appropriate--
``(i) revoke the identification of any foreign country as a priority foreign country under paragraph (1); or
``(ii) identify any foreign country as a priority foreign country under that paragraph.
``(B) Report on reasons for revocation.--The Trade Representative shall include in the semiannual report submitted to Congress under section 309(3) a detailed explanation of the reasons for the revocation under subparagraph (A) of the identification of any foreign country as a priority foreign country under paragraph (1) during the period covered by the report.
``(d) Referral to Attorney General or Investigation.--If the Trade Representative identifies an instance in which a foreign country designated as a priority foreign country under subsection (c) has successfully pressured an online service provider to inhibit free speech in the United States, the Trade Representative shall--
``(1) submit to Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report detailing the precise circumstances of the instance, including the actions taken by the foreign country and the online service provider;
``(2) if the online service provider is under the jurisdiction of the United States, refer the instance to the Attorney General; and
``(3) if appropriate, initiate an investigation under section 302 and impose a remedy under section 301(c).
``(e) Publication.--The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and foreign countries designated as priority foreign countries under subsection (c) and shall make such revisions to the list as may be required by reason of action under subsection (c)(2).
``(f) Annual Report.--Not later than 30 days after the date on which the Trade Representative submits the National Trade Estimate under section 181(b), the Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on actions taken under this section during the one-year period preceding that report, and the reasons for those actions, including--
``(1) a list of any foreign countries identified under subsection (a); and
``(2) a description of progress made in decreasing disruptions to digital trade.''.
(b) Investigations Under Title III of the Trade Act of 1974.--Section 302(b)(2) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by inserting ``or designated as a priority foreign country under section 183(c)'' after ``section 182(a)(2)''; and
(2) in subparagraph (D), by striking ``by reason of subparagraph (A)'' and inserting ``with respect to a country identified under section 182(a)(2)''.
(c) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following:
``Sec. 183. Identification of countries that disrupt digital trade.''.
______
SA 1993. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, add the following:
SEC. 6302. INVESTIGATION OF CENSORSHIP AND BARRIERS TO
DIGITAL TRADE.
(a) In General.--Subsection (b) of section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking ``If the Trade Representative'' and inserting ``(1) If the Trade Representative'';
(3) by adding at the end the following:
``(2) For purposes of paragraph (1), an act, policy, or practice that is unreasonable includes any act, policy, or practice, or any combination of acts, policies, or practices, that denies fair and equitable market opportunities, including through censorship or barriers to the provision of domestic digital services, by the government of a foreign country that--
``(A) precludes competition by conferring special benefits on domestic entities or imposing discriminatory burdens on foreign entities;
``(B) provides inconsistent or unfair market access to United States persons;
``(C) requires censorship of content that originates in the United States; or
``(D) requires extrajudicial data access that disadvantages United States persons.''.
(b) Authorized Action.--Subsection (c) of such section is amended by adding at the end the following:
``(7) In the case of an act, policy, or practice described in paragraph (2) of subsection (b) by the government of a foreign country that is determined to be unreasonable under paragraph (1) of that subsection, the Trade Representative may direct the blocking of access from that country to data from the United States to address the lack of reciprocal market access or parallel data flows.''.
(c) Conforming Amendment.--Section 304(a)(1)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)(A)(ii)) is amended by striking ``(b)(1)'' and inserting ``(b)(1)(A)''.
______
SA 1994. Mr. PAUL (for himself, Mr. Coons, and Mr. Tillis) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 478, strike line 17, and all that follows through page 485, line 18, and insert the following:
SEC. 2527. BASIC RESEARCH.
(a) Nondisclosure of Members of Grant Review Panel.--Notwithstanding any other provision of law, each agency that awards a Federal research grant shall not disclose, either publicly or privately, to an applicant for such grant the identity of any member of the grant review panel for such applicant.
(b) Public Accessibility of Research Funded by Taxpayers.--
(1) Definition of federal agency.--In this section, the term ``Federal agency'' means an Executive agency, as defined under section 105 of title 5, United States Code.
(2) Federal research public access policy.--
(A) Requirement to develop policy.--
(i) In general.--Not later than 1 year after the date of enactment of this section, each Federal agency with annual extramural research expenditures of over $100,000,000 shall have an agency research public access policy that is consistent with and advances the goals of the Federal agency.
(ii) Common procedures.--Where appropriate, Federal agencies required to develop a policy under clause (i) shall follow common procedures for ensuring access to research papers to minimize compliance burdens and costs and avoid unnecessary duplication of existing mechanisms.
(B) Content.--Each Federal research public access policy shall provide for--
(i) submission to a digital repository or access through a system that achieves the goals of this section designated or maintained by the Federal agency of an electronic version of the accepted manuscript of original research papers that have been accepted for publication in peer-reviewed journals and that result from research supported, in whole or in part, from funding by the Federal Government;
(ii) the incorporation of any changes resulting from the peer review process in the accepted manuscript described under clause (i);
(iii) the replacement of the accepted manuscript with the final published version if--
(I) the publisher consents to the replacement; and
(II) the goals of the Federal agency for functionality and interoperability are retained; and
(iv) free online public access to such accepted manuscripts or final published versions within a time period that is appropriate for each type of research conducted or sponsored by the Federal agency, not later than 12 months after the official date of publication in peer-reviewed journals.
(C) Application of policy.--Each Federal research public access policy shall--
(i) apply to--
(I) researchers employed by the Federal agency whose works remain in the public domain; and
(II) researchers funded by the Federal agency; and
(ii) provide that works described under clause (i)(I) shall be--
(I) marked as being public domain material when published; and
(II) made available at the same time such works are made available under subparagraph (B)(iv).
(D) Exclusions.--Each Federal research public access policy shall not apply to--
(i) research progress reports presented at professional meetings or conferences;
(ii) laboratory notes, preliminary data analyses, notes of the author, phone logs, or other information used to produce accepted manuscripts;
(iii) classified research, research resulting in works that generate revenue or royalties for authors (such as books) or patentable discoveries, to the extent necessary to protect a copyright or patent; or
(iv) authors who do not submit their work to a journal or works that are rejected by journals.
(3) Rule of construction regarding patent or copyright law.--Nothing in this section shall be construed to limit any exclusive right under the provisions of title 17 or 35, United States Code.
(4) GAO report.--Not later than 3 years after the date of enactment of this section, and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that--
(A) includes an analysis of the period between the date on which articles generally become publicly available in a journal and the date on which the accepted manuscript is in the online repository of the applicable Federal agency;
(B) examines the effectiveness of the Federal research public access policy in providing the public with free online access to papers on research funded by each Federal agency required to develop a policy under paragraph (2)(A); and
(C) examines the impact of the Federal research public access policy on the availability, quality, integrity, and sustainability of scholarly communication and on the degree to which policies avoid unnecessary duplication of existing mechanisms.
(5) Downstream reporting.--Any person or institution awarded a grant from a Federal research agency shall--
(A) notify and seek authorization from the relevant agency for any funds derived from the grant made available through a subgrant or subsequent grant (including to an employee or subdivision of the grant recipient's organization); and
(B) ensure that each subgrant or subsequent grant award
(including to an employee or subdivision of the grant recipient's organization) funded with funds derived from the Federal grant is within the scope of the Federal grant award.
(6) Impartiality in funding scientific research.--Notwithstanding any other provision of law, each Federal agency, in awarding grants for scientific research, shall be impartial and shall not seek to advance any political position or fund a grant to reach a predetermined conclusion.
SEC. 2528. GAO STUDY ON OVERSIGHT OF FEDERAL SCIENCE AND
TECHNOLOGY GRANT MAKING AND INVESTMENTS.
(a) Findings.--Congress finds that--
(1) in instances such as the Troubled Asset Relief Program, the American Recovery and Reinvestment Act of 2009, Iraq, and Afghanistan, Congress has created special inspectors general and other oversight entities focused on particular program areas who have performed in outstanding ways;
(2) the oversight entities described in paragraph (1) have helped to strengthen oversight in cross-agency activities and where component inspectors general may have otherwise faced significant challenges;
(3) because of the cross-agency nature of Federal science and technology activities, Congress created the Office of Science and Technology Policy to coordinate and harmonize among science functions at agencies;
(4) the United States innovation ecosystem, which uses multiple science agencies to invest in research and development, can make it more difficult to identify and remove scientists who violate research integrity principles;
(5) the single agency jurisdiction of an agency inspector general can be a disadvantage with respect to their oversight roles, and opportunities to strengthen the system may exist;
(6) single agency jurisdiction of inspectors general may also make it difficult to harmonize principles and standards for oversight of waste, fraud, and abuse among agencies; and
(7) certain issues of fraud, waste, and abuse in Federal science and technology activities span multiple agencies and are more apparent through cross-agency oversight.
(b) Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report that--
(1) evaluates the frequency of cases of waste, fraud, or abuse perpetrated across multiple Federal science agencies by an awardee or group of awardees;
(2) evaluates the effectiveness of existing mechanisms to detect waste, fraud, and abuse perpetrated across multiple Federal science agencies by an awardee or group of awardees; and
(3) evaluates options for strengthening detection of waste, fraud, and abuse perpetrated across multiple Federal science agencies by an awardee or group of awardees, including by examining the benefits and drawbacks of--
(A) providing additional support to agency inspectors general with regard to coordinated oversight of Federal and technology grant making investments; and
(B) alternative mechanisms for strengthening prevention and detection of waste, fraud, and abuse across Federal science agencies perpetrated across multiple Federal science agencies by an awardee or group of awardees, such as the establishment of a special inspector general or other mechanisms as the Comptroller General sees fit.
______
SA 1995. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, add the following:
SEC. 6302. TECHNICAL AND LEGAL SUPPORT FOR ADDRESSING
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
CASES.
(a) In General.--The head of any Federal agency may provide support, as requested and appropriate, to United States persons seeking technical, legal, or other support in addressing intellectual property rights infringement cases regarding the People's Republic of China.
(b) United States Person Defined.--In this section, the term ``United States person'' means--
(1) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(2) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
______
SA 1996. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, add the following:
SEC. 6302. AUTHORITY OF U.S. CUSTOMS AND BORDER PROTECTION TO
CONSOLIDATE, MODIFY, OR REORGANIZE CUSTOMS
REVENUE FUNCTIONS.
(a) In General.--Section 412 of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``consolidate, discontinue,'' and inserting
``discontinue''; and
(ii) by inserting after ``reduce the staffing level'' the following: ``below the optimal staffing level determined in the most recent Resource Allocation Model required by section 301(h) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(h))''; and
(B) in paragraph (2), by inserting ``, National Account Managers'' after ``Financial Systems Specialists''; and
(2) by adding at the end the following:
``(d) Authority to Consolidate, Modify, or Reorganize Customs Revenue Functions.--
``(1) In general.--The Commissioner of U.S. Customs and Border Protection may, subject to subsection (b), consolidate, modify, or reorganize customs revenue functions delegated to the Commissioner under subsection (a), including by adding such functions to existing positions or establishing new or modifying existing job series, grades, titles, or classifications for personnel, and associated support staff, performing such functions.
``(2) Position classification standards.--At the request of the Commissioner, the Director of the Office of Personnel Management shall establish new position classification standards for any new positions established by the Commissioner under paragraph (1).''.
(b) Technical Correction.--Section 412(a)(1) of the Homeland Security Act of 2002 (6 U.S.C. 212(a)(1)) is amended by striking ``403(a)(1)'' and inserting ``403(1)''.
______
SA 1997. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division C, add the following:
SEC. 3314. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD
PRODUCTS HARVESTED OR PRODUCED USING FORCED
LABOR.
(a) Definitions.--In this section:
(1) Child labor.--The term ``child labor'' has the meaning given the term ``worst forms of child labor'' in section 507 of the Trade Act of 1974 (19 U.S.C. 2467).
(2) Forced labor.--The term ``forced labor'' has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(3) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(4) Seafood.--The term ``seafood'' means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.
(5) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
(b) Forced Labor in Fishing.--
(1) Rulemaking.--Not later than one year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in coordination with the Secretary, shall issue regulations regarding the verification of seafood imports to ensure that no seafood or seafood product harvested or produced using forced labor is entered into the United States in violation of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(2) Strategy.--The Commissioner of U.S. Customs and Border Protection, in coordination with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall--
(A) develop a strategy for using data collected under Seafood Import Monitoring Program to identify seafood imports at risk of being harvested or produced using forced labor; and
(B) publish information regarding the strategy developed under subparagraph (A) on the website of U.S. Customs and Border Protection.
(c) International Engagement.--The United States Trade Representative, in coordination with the Secretary of Commerce, shall engage with interested countries regarding the development of compatible and effective seafood tracking and sustainability plans in order to--
(1) identify best practices;
(2) coordinate regarding data sharing;
(3) reduce barriers to trade in fairly grown or harvested fish; and
(4) end the trade in products that--
(A) are harvested or produced using illegal, unregulated, or unreported fishing, human trafficking, or forced labor; or
(B) pose a risk of fraud.
______
SA 1998. Mr. GRASSLEY (for himself and Mr. Whitehouse) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division B, add the following:
SEC. 2309. IMMIGRATION CONSEQUENCES OF TRADE SECRET THEFT AND
ECONOMIC ESPIONAGE.
(a) Short Title.--This section may be cited as the ``Stop Theft of Intellectual Property Act of 2021''.
(b) In General.--
(1) Inadmissibility.--Section 212(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows:
``(3) Security and related grounds.--
``(A) In general.--Any alien who a consular officer, the Secretary of Homeland Security, or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in--
``(i) any activity to violate any law of the United States relating to espionage or sabotage;
``(ii) any activity to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information;
``(iii) any activity to violate any law of the United States or of any State relating to the theft or misappropriation of trade secrets or economic espionage;
``(iv) any other unlawful activity; or
``(v) any activity, a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,is inadmissible.''.
(2) Deportability.--Section 237(a)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(A)) is amended to read as follows:
``(A) In general.--Any alien who has engaged, is engaged, or at any time after admission, engages in--
``(i) any activity to violate any law of the United States relating to espionage or sabotage;
``(ii) any activity to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information;
``(iii) any activity to violate any law of the United States or of any State relating to the theft or misappropriation of trade secrets or economic espionage;
``(iv) any other criminal activity that endangers public safety or national security; or
``(v) any activity, a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,is deportable.''.
(c) Annual Report of Inadmissible and Deportable Foreign Nationals.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in cooperation with the Secretary of Homeland Security and the Attorney General, shall submit a report to the Chair and Ranking Member of the Committee on the Judiciary of the Senate and of the Committee on the Judiciary of the House of Representatives that identifies--
(1) the nationality and visa admission category of each of the foreign nationals who was determined, during the reporting period, to be inadmissible under clause (ii) or
(iii) of section 212(a)(3)(A) of the Immigration and Nationality Act, as amended by subsection (b)(1), or deportable pursuant to clause (ii) or (iii) of section 237(a)(4)(A) of such Act, as amended by subsection (b)(2); and
(2) the research institutions, private sector companies or other entities, United States Government agencies, and taxpayer-funded organizations with which such foreign nationals were associated.
______
SA 1999. Mr. KING (for himself and Mr. Sasse) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle C--Cyber and Technology Diplomacy
SEC. 4271. SHORT TITLE.
This subtitle may be cited as the ``Cyber Diplomacy Act of 2021''.
SEC. 4272. FINDINGS.
Congress makes the following findings:
(1) The stated goal of the United States International Strategy for Cyberspace, launched on May 16, 2011, is to
``work internationally to promote an open, interoperable, secure, and reliable information and communications infrastructure that supports international trade and commerce, strengthens international security, and fosters free expression and innovation ... in which norms of responsible behavior guide states' actions, sustain partnerships, and support the rule of law in cyberspace''.
(2) In its June 24, 2013, report, the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security
(referred to in this section as ``GGE''), established by the United Nations General Assembly, concluded that ``State sovereignty and the international norms and principles that flow from it apply to States' conduct of ICT-related activities and to their jurisdiction over ICT infrastructure with their territory''.
(3) In January 2015, China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan proposed a troubling international code of conduct for information security, which could be used as a pretext for restricting political dissent, and includes
``curbing the dissemination of information that incites terrorism, separatism or extremism or that inflames hatred on ethnic, racial or religious grounds''.
(4) In its July 22, 2015, consensus report, GGE found that
``norms of responsible State behavior can reduce risks to international peace, security and stability''.
(5) On September 25, 2015, the United States and China announced a commitment that neither country's government
``will conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors''.
(6) At the Antalya Summit on November 15 and 16, 2015, the Group of 20 Leaders' communique--
(A) affirmed the applicability of international law to state behavior in cyberspace;
(B) called on states to refrain from cyber-enabled theft of intellectual property for commercial gain; and
(C) endorsed the view that all states should abide by norms of responsible behavior.
(7) The March 2016 Department of State International Cyberspace Policy Strategy noted that ``the Department of State anticipates a continued increase and expansion of our cyber-focused diplomatic efforts for the foreseeable future''.
(8) On December 1, 2016, the Commission on Enhancing National Cybersecurity, which was established within the Department of Commerce by Executive Order No. 13718 (81 Fed. Reg. 7441), recommended that ``the President should appoint an Ambassador for Cybersecurity to lead U.S. engagement with the international community on cybersecurity strategies, standards, and practices''.
(9) On April 11, 2017, the 2017 Group of 7 Declaration on Responsible States Behavior in Cyberspace--
(A) recognized ``the urgent necessity of increased international cooperation to promote security and stability in cyberspace'';
(B) expressed commitment to ``promoting a strategic framework for conflict prevention, cooperation and stability in cyberspace, consisting of the recognition of the applicability of existing international law to State behavior in cyberspace, the promotion of voluntary, non-binding norms of responsible State behavior during peacetime, and the development and the implementation of practical cyber confidence building measures (CBMs) between States''; and
(C) reaffirmed that ``the same rights that people have offline must also be protected online''.
(10) In testimony before the Select Committee on Intelligence of the Senate on May 11, 2017, Director of National Intelligence Daniel R. Coats identified 6 cyber threat actors, including--
(A) Russia, for ``efforts to influence the 2016 U.S. election'';
(B) China, for ``actively targeting the U.S. Government, its allies, and U.S. companies for cyber espionage'';
(C) Iran, for ``leverag[ing] cyber espionage, propaganda, and attacks to support its security priorities, influence events and foreign perceptions, and counter threats'';
(D) North Korea, for ``previously conduct[ing] cyber-attacks against U.S. commercial entities--specifically, Sony Pictures Entertainment in 2014'';
(E) terrorists, who ``use the Internet to organize, recruit, spread propaganda, raise funds, collect intelligence, inspire action by followers, and coordinate operations''; and
(F) criminals, who ``are also developing and using sophisticated cyber tools for a variety of purposes including theft, extortion, and facilitation of other criminal activities''.
(11) Information and communication technologies are among a broader set of critical and emerging technologies that underpin United States national security and economic prosperity. The 2017 National Security Strategy noted the central importance of ``emerging technologies . . . such as data science, encryption, autonomous technologies, gene editing, new materials, nanotechnology, advanced computing technologies, and artificial intelligence.''.
(12) The 21st century will increasingly be defined by economic and military competition rooted in technological advances. Leaders in adopting critical and emerging technologies, and those who shape the use of such technologies, will garner economic, military, and political strength for decades.
SEC. 4273. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code.
(3) Information and communications technology; ict.--The terms ``information and communications technology'' and
``ICT'' include hardware, software, and other products or services primarily intended to fulfill or enable the function of information processing and communication by electronic means, including transmission and display, including via the Internet.
SEC. 4274. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--It shall be the policy of the United States to work internationally to promote an open, interoperable, reliable, unfettered, and secure Internet governed by the multi-stakeholder model, which--
(1) promotes human rights, democracy, and rule of law, including freedom of expression, innovation, communication, and economic prosperity; and
(2) respects privacy and guards against deception, fraud, and theft.
(b) Implementation.--In implementing the policy described in subsection (a), the President, in consultation with outside actors, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall pursue the following objectives:
(1) Clarifying the applicability of international laws and norms to the use of ICT.
(2) Reducing and limiting the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public.
(3) Cooperating with like-minded democratic countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally.
(4) Encouraging the responsible development of new, innovative technologies and ICT products that strengthen a secure Internet architecture that is accessible to all.
(5) Securing and implementing commitments on responsible country behavior in cyberspace based upon accepted norms, including the following:
(A) Countries should not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors.
(B) Countries should take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICTs in violation of international commitments.
(C) Countries should not conduct or knowingly support ICT activity that, contrary to international law, intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, and should take appropriate measures to protect their critical infrastructure from ICT threats.
(D) Countries should not conduct or knowingly support malicious international activity that, contrary to international law, harms the information systems of authorized emergency response teams (also known as ``computer emergency response teams'' or ``cybersecurity incident response teams'') of another country or authorize emergency response teams to engage in malicious international activity.
(E) Countries should respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country.
(F) Countries should not restrict cross-border data flows or require local storage or processing of data.
(G) Countries should protect the exercise of human rights and fundamental freedoms on the Internet and commit to the principle that the human rights that people have offline should also be protected online.
(6) Advancing, encouraging, and supporting the development and adoption of internationally recognized technical standards and best practices.
SEC. 4275. DEPARTMENT OF STATE RESPONSIBILITIES.
(a) In General.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Bureau of International Cyberspace Policy.--
``(1) In general.--The Secretary of State shall establish, within the Department of State, the Bureau of International Cyberspace Policy (referred to in this subsection as the
`Bureau'). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy of the United States described in section 4274 of the Cyber Diplomacy Act of 2021.
``(B) Duties described.--The principal duties and responsibilities of the head of the Bureau shall be--
``(i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace issues;
``(ii) to lead the Department of State's diplomatic cyberspace efforts, including efforts relating to international cybersecurity, Internet access, Internet governance and online freedom, relevant elements of the digital economy, cybercrime, deterrence and international responses to cyber threats, and other issues that the Secretary assigns to the Bureau;
``(iii) to coordinate cyberspace policy and other relevant functions within the Department of State and with other components of the United States Government, including--
``(I) through the Cyberspace Policy Coordinating Committee described in paragraph (6); and
``(II) by convening other coordinating meetings with appropriate officials from the Department and other components of the United States Government on a regular basis;
``(iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally;
``(v) to represent the Secretary of State in interagency efforts to develop and advance the policy described in section 4274 of the Cyber Diplomacy Act of 2021;
``(vi) to act as a liaison to civil society, the private sector, academia, and other public and private entities on relevant international cyberspace issues;
``(vii) to lead United States Government efforts to establish a global deterrence framework for malicious cyber activity;
``(viii) to develop and execute adversary-specific strategies to influence adversary decisionmaking through the imposition of costs and deterrence strategies, in coordination with other relevant Executive agencies;
``(ix) to advise the Secretary and coordinate with foreign governments on external responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and other like-minded countries;
``(x) to promote the adoption of national processes and programs that enable threat detection, prevention, and response to malicious cyber activity emanating from the territory of a foreign country, including as such activity relates to the United States' European allies, as appropriate;
``(xi) to promote the building of foreign capacity relating to cyberspace policy priorities;
``(xii) to promote the maintenance of an open and interoperable Internet governed by the multistakeholder model, instead of by centralized government control;
``(xiii) to promote an international regulatory environment for technology investments and the Internet that benefits United States economic and national security interests;
``(xiv) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses;
``(xv) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based, cyber-enabled threats;
``(xvi) to lead engagement, in coordination with relevant Executive agencies, with foreign governments on relevant international cyberspace and digital economy issues described in the Cyber Diplomacy Act of 2021;
``(xvii) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs;
``(xviii) to promote and protect the exercise of human rights, including freedom of speech and religion, through the Internet;
``(xix) to promote international initiatives to strengthen civilian and private sector resiliency to threats in cyberspace;
``(xx) to build capacity of United States diplomatic officials to engage on cyberspace issues;
``(xxi) to encourage the development and adoption by foreign countries of internationally recognized cyber standards, policies, and best practices;
``(xxii) to consult, as appropriate, with other Executive agencies with related functions vested in such Executive agencies by law; and
``(xxiii) to conduct such other matters as the Secretary of State may assign.
``(3) Qualifications.--The head of the Bureau should be an individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyberspace issues; and
``(B) international diplomacy.
``(4) Organizational placement.--During the 1-year period beginning on the date of the enactment of the Cyber Diplomacy Act of 2021, the head of the Bureau shall report to the Under Secretary for Political Affairs or to an official holding a higher position in the Department of State than the Under Secretary for Political Affairs. After the conclusion of such period, the head of the Bureau may report to a different Under Secretary or to an official holding a higher position than Under Secretary if, not less than 15 days before any change in such reporting structure, the Secretary of State consults with and provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives--
``(A) a notification that the Secretary has, with respect to the reporting structure of the Bureau, consulted with and solicited feedback from--
``(i) other relevant Federal entities with a role in international aspects of cyber policy; and
``(ii) the elements of the Department of State with responsibility over aspects of cyber policy, including the elements reporting to--
``(I) the Under Secretary for Political Affairs;
``(II) the Under Secretary for Civilian Security, Democracy, and Human Rights;
``(III) the Under Secretary for Economic Growth, Energy, and the Environment;
``(IV) the Under Secretary for Arms Control and International Security Affairs; and
``(V) the Under Secretary for Management;
``(B) a description of--
``(i) the new reporting structure for the head of the Bureau; and
``(ii) the data and evidence used to justify such new structure; and
``(C) a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the responsibilities specified in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy.
``(5) Rule of construction.--Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).
``(6) Coordination.--
``(A) Cyberspace policy coordinating committee.--There is established a senior-level Cyberspace Policy Coordinating Committee to ensure that cyberspace issues receive broad senior level-attention and coordination across the Department of State and provide ongoing oversight of such issues. The Cyberspace Policy Coordinating Committee shall be chaired by the head of the Bureau or an official of the Department of State holding a higher position, and operate on an ongoing basis, meeting not less frequently than quarterly. Committee members shall include appropriate officials at the Assistant Secretary level or higher from--
``(i) the Under Secretariat for Political Affairs;
``(ii) the Under Secretariat for Civilian Security, Democracy, and Human Rights;
``(iii) the Under Secretariat for Economic Growth, Energy and the Environment;
``(iv) the Under Secretariat for Arms Control and International Security;
``(v) the Under Secretariat for Management; and
``(vi) other senior level Department participants, as appropriate.
``(B) Other meetings.--The head of the Bureau shall convene other coordinating meetings with appropriate officials from the Department of State and other components of the United States Government to ensure regular coordination and collaboration on crosscutting cyber policy issues.''.
(b) Sense of Congress.--It is the sense of Congress that the Bureau of International Cyberspace Policy established under section 1(g) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including such individuals from traditionally under-represented groups.
(c) United Nations.--The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 4274.
(d) Special Hiring Authorities.--The Secretary of State may--
(1) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and
(2) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates.
SEC. 4276. BRIEFINGS ON INTERNATIONAL EXECUTIVE ARRANGEMENTS.
(a) Existing Executive Arrangements.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees regarding any executive bilateral or multilateral cyberspace arrangement in effect before such date of enactment, including--
(1) the arrangement announced between the United States and Japan on April 25, 2014;
(2) the arrangement announced between the United States and the United Kingdom on January 16, 2015;
(3) the arrangement announced between the United States and China on September 25, 2015;
(4) the arrangement announced between the United States and Korea on October 16, 2015;
(5) the arrangement announced between the United States and Australia on January 19, 2016;
(6) the arrangement announced between the United States and India on June 7, 2016;
(7) the arrangement announced between the United States and Argentina on April 27, 2017;
(8) the arrangement announced between the United States and Kenya on June 22, 2017;
(9) the arrangement announced between the United States and Israel on June 26, 2017;
(10) the arrangement announced between the United States and France on February 9, 2018;
(11) the arrangement announced between the United States and Brazil on May 14, 2018; and
(12) any other similar bilateral or multilateral arrangement announced before such date of enactment.
SEC. 4277. INTERNATIONAL STRATEGY FOR CYBERSPACE.
(a) Strategy Required.--Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary of State, and in coordination with the heads of other relevant Federal departments and agencies, shall develop a strategy relating to United States engagement with foreign governments on international norms with respect to responsible state behavior in cyberspace.
(b) Elements.--The strategy required under subsection (a) shall include--
(1) a review of actions and activities undertaken to support the policy described in section 4274;
(2) a plan of action to guide the diplomacy of the Department of State with regard to foreign countries, including--
(A) conducting bilateral and multilateral activities to--
(i) develop norms of responsible country behavior in cyberspace consistent with the objectives specified in section 4274(b)(5); and
(ii) share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and
(B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms in cyberspace;
(3) a review of alternative concepts with regard to international norms in cyberspace offered by foreign countries;
(4) a detailed description of new and evolving threats in cyberspace from foreign adversaries, state-sponsored actors, and private actors to--
(A) United States national security;
(B) Federal and private sector cyberspace infrastructure of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the United States;
(5) a review of policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding threats in cyberspace, the degree to which such tools have been used, and whether such tools have been effective deterrents;
(6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; and
(7) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department of State with regard to inclusion of cyber issues in mutual defense agreements.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register.
(2) Classified annex.--The strategy required under subsection (a) may include a classified annex, consistent with United States national security interests, if the Secretary of State determines that such annex is appropriate.
(d) Briefing.--Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary of State shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex.
(e) Updates.--The strategy required under subsection (a) shall be updated--
(1) not later than 90 days after any material change to United States policy described in such strategy; and
(2) not later than 1 year after the inauguration of each new President.
SEC. 4278. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end the following:
``(h) Freedom of Expression Assessment.--
``(1) In general.--The report required under subsection (d) shall include an assessment of freedom of expression with respect to electronic information in each foreign country, which shall include--
``(A)(i) an assessment of the extent to which government authorities in the country inappropriately attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief through the Internet, including electronic mail; and
``(ii) a description of the means by which such authorities attempt to inappropriately block or remove such expression;
``(B) an assessment of the extent to which government authorities in the country have persecuted or otherwise punished, arbitrarily and without due process, an individual or group for the nonviolent expression of political, religious, or ideological opinion or belief through the Internet, including electronic mail;
``(C) an assessment of the extent to which government authorities in the country have sought, inappropriately and with malicious intent, to collect, request, obtain, or disclose without due process personally identifiable information of a person in connection with that person's nonviolent expression of political, religious, or ideological opinion or belief, including expression that would be protected by the International Covenant on Civil and Political Rights, adopted at New York December 16, 1966, and entered into force March 23, 1976, as interpreted by the United States; and
``(D) an assessment of the extent to which wire communications and electronic communications are monitored without due process and in contravention to United States policy with respect to the principles of privacy, human rights, democracy, and rule of law.
``(2) Consultation.--In compiling data and making assessments under paragraph (1), United States diplomatic personnel should consult with relevant entities, including human rights organizations, the private sector, the governments of like-minded countries, technology and Internet companies, and other appropriate nongovernmental organizations or entities.
``(3) Definitions.--In this subsection--
``(A) the term `electronic communication' has the meaning given such term in section 2510 of title 18, United States Code;
``(B) the term `Internet' has the meaning given such term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3));
``(C) the term `personally identifiable information' means data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given such term in section 2510 of title 18, United States Code.''; and
(2) in section 502B (22 U.S.C. 2304)--
(A) by redesignating the second subsection (i) (relating to child marriage) as subjection (j); and
(B) by adding at the end the following:
``(k) Freedom of Expression Assessment.--
``(1) In general.--The report required under subsection (b) shall include an assessment of freedom of expression with respect to electronic information in each foreign country, which shall include--
``(A)(i) an assessment of the extent to which government authorities in the country inappropriately attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief through the Internet, including electronic mail; and
``(ii) a description of the means by which such authorities attempt to inappropriately block or remove such expression;
``(B) an assessment of the extent to which government authorities in the country have persecuted or otherwise punished, arbitrarily and without due process, an individual or group for the nonviolent expression of political, religious, or ideological opinion or belief through the Internet, including electronic mail;
``(C) an assessment of the extent to which government authorities in the country have sought, inappropriately and with malicious intent, to collect, request, obtain, or disclose without due process personally identifiable information of a person in connection with that person's nonviolent expression of political, religious, or ideological opinion or belief, including expression that would be protected by the International Covenant on Civil and Political Rights, adopted at New York December 16, 1966, and entered into force March 23, 1976, as interpreted by the United States; and
``(D) an assessment of the extent to which wire communications and electronic communications are monitored without due process and in contravention to United States policy with respect to the principles of privacy, human rights, democracy, and rule of law.
``(2) Consultation.--In compiling data and making assessments under paragraph (1), United States diplomatic personnel should consult with relevant entities, including human rights organizations, the private sector, the governments of like-minded countries, technology and Internet companies, and other appropriate nongovernmental organizations or entities.
``(3) Definitions.--In this subsection--
``(A) the term `electronic communication' has the meaning given the term in section 2510 of title 18, United States Code;
``(B) the term `Internet' has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3));
``(C) the term `personally identifiable information' means data in a form that identifies a particular person; and
``(D) the term `wire communication' has the meaning given the term in section 2510 of title 18, United States Code.''.
SEC. 4279. GAO REPORT ON CYBER AND TECHNOLOGY DIPLOMACY.
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes--
(1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests in cyberspace, including the policy described in section 4274;
(2) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated agreements, advance the full range of United States interests with respect to critical and emerging technologies;
(3) an assessment of the Department of State's organizational structure and its approach to managing its diplomatic efforts to advance the full range of United States interests in cyberspace and with respect to critical and emerging technologies, including a review of--
(A) the establishment of a bureau in the Department of State to lead the Department's international cyber mission;
(B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such bureau;
(C) how the establishment of such bureau has impacted or is likely to impact the structure and organization of the Department of State;
(D) what challenges, if any, the Department of State has faced or will face in establishing such bureau;
(E) the current and proposed diplomatic mission, structure, staffing, funding, and activities related to critical and emerging technologies; and
(F) how the Department of State is integrating the critical and emerging technologies mission with the cyber mission; and
(4) any other matters that the Comptroller General determines to be relevant.
SEC. 4280. STRATEGY FOR CRITICAL AND EMERGING TECHNOLOGIES.
Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for critical and emerging technologies that--
(1) identifies key international and diplomatic issues related to critical and emerging technologies;
(2) identifies the specific components of the Department of State accountable for the issues identified in paragraph (1);
(3) defines the processes by which the Department of State will identify, understand, and allocate responsibilities for novel technologies;
(4) defines the processes for reporting and information sharing within the Department of State;
(5) defines the processes for interagency consultation and collaboration;
(6) identifies how existing processes at the Department of State will be integrated into new efforts by the Department of State on critical and emerging technologies; and
(7) defines a strategy for recruiting training, and retaining additional personnel needed to implement the strategy, including individuals with significant expertise and training in science, technology, engineering, and mathematics.
______
SA 2000. Mr. SCOTT of Florida (for himself and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, add the following:
SEC. 6302. CERTIFICATION REQUIRED TO REMOVE ENTITIES FROM
ENTITY LIST.
The Secretary of Commerce may not remove any entity from the entity list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, until the Secretary certifies to Congress that the entity is no longer reasonably believed to be involved in activities contrary to national security or foreign policy interests of the United States.
______
SA 2001. Ms. HASSAN (for herself and Ms. Ernst) submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. VIRTUAL CURRENCIES AND THEIR GLOBAL USE.
(a) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the United States Trade Representative, the Board of Governors of the Federal Reserve System, the Office of the Director of National Intelligence, and any other agencies or departments that the Secretary of the Treasury determines are necessary, shall submit to the Committee on Agriculture, Nutrition, and Forestry, Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate and the Committee on Agriculture, the Committee on Ways and Means, the Committee on Foreign Affairs, the Committee on the Judiciary, and Committee on Financial Services of the House of Representatives a report on virtual currency and their global use, which shall--
(1) assess how foreign countries use and mine virtual currencies, including identifying the largest state and private industry users and miners of virtual currency, policies foreign countries have adopted to encourage virtual currency use and mining, and how foreign countries could be strengthened or undermined by the use and mining of cryptocurrencies within their borders;
(2) identify, to the greatest extent practicable, the types and dollar value of virtual currency mined for each of fiscal years 2016 through 2022 within the United States and globally, as well as within the People's Republic of China and within any other countries the Secretary of the Treasury determines are relevant; and
(3) identify vulnerabilities, including those related to supply disruptions and technology availability of the global microelectronic supply chain, and opportunities with respect to virtual currency mining operations.
(b) Classified Annex.--The report required under subsection
(a) shall be submitted in unclassified form, but may contain a classified annex.
______
SA 2002. Ms. ROSEN (for herself and Mr. Wicker) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title I of division F, add the following:
Subtitle D--Teach CS Act
SEC. 6131. SHORT TITLE.
This subtitle may be cited as the ``Teacher Education for Computer Science Act'' or the ``Teach CS Act''.
SEC. 6132. TEACHER QUALITY ENHANCEMENT.
Section 204(a)(4)(G)(i) of the Higher Education Act of 1965
(20 U.S.C. 1022c(a)(4)(G)(i)) is amended by inserting ``and development of computational thinking skills'' after
``integrate technology''.
SEC. 6133. ENHANCING TEACHER EDUCATION.
Section 232(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1032a(c)(2)) is amended by inserting ``and development of computational thinking skills,'' after ``technology''.
SEC. 6134. TEACHER EDUCATION PROGRAMS FOR COMPUTER SCIENCE
EDUCATION.
Part B of title II of the Higher Education Act of 1965 is amended (20 U.S.C. 1021 et seq.) by adding at the end the following:
``Subpart 6--Teacher Education Programs for Computer Science Education
``SEC. 259. TEACHER EDUCATION PROGRAMS FOR COMPUTER SCIENCE
EDUCATION.
``(a) Program Authorized.--From the amounts appropriated to carry out this section, the Secretary may award competitive grants to eligible institutions to establish centers of excellence in teacher education programs to support computer science education and computational thinking skill development.
``(b) Use of Funds.--A grant awarded to an eligible institution under this section--
``(1) shall be used by such institution to ensure that current and future teachers meet the applicable State certification and licensure requirements in a field that will enable them to teach computer science in their State at the elementary and secondary school levels, by--
``(A) creating teacher education programs that meet the requirements of section 200(6)(A)(iv) and offer, through hands-on and classroom teaching activities with in-service teachers--
``(i) doctoral, master's, or bachelor's degrees in teaching computer science at the elementary school and secondary school levels; or
``(ii) teaching endorsements in computer science, in the case of a teacher with related State certification and licensure requirements or a student who is pursuing certification and licensure requirements in related fields, such as mathematics and science;
``(B) ensuring that current and future teachers who graduate from such programs meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act;
``(C) recruiting individuals to enroll in such programs, including subject matter experts and professionals in fields related to computer science; and
``(D) awarding scholarships and fellowships of not more than $4,000 per student based on financial need and to recruit traditionally underrepresented groups in computer science to help such students pay the cost of attendance (as defined in section 472); and
``(2) may be used by such institution to conduct research in computer science education and computational thinking skills to improve instruction in such areas.
``(c) Duration.--
``(1) In general.--A grant under this section shall be awarded for 5 years, conditional upon a satisfactory report to the Secretary of progress with respect to the program carried out with the grant after the first 3 years of the grant period.
``(2) Report of progress.--Such report of progress on the program shall include data on the number of students and instructors enrolled, information on former graduates
(including on how many earn teaching certification or licensure in a field that will enable them to teach computer science in their State at the secondary level, be prepared to teach computer science at the elementary level, and support students in developing computational thinking skills), and data on any additional funding (other than Federal funds) received to carry out the program.
``(d) Application.--
``(1) In general.--An eligible institution desiring a grant under this section shall submit an application to the Secretary, at such time in such manner, and containing such information as the Secretary may require, which shall include--
``(A) a demonstration of the need for teachers with the certification or licensure requirements that enable them to teach computer science at the elementary and secondary level in the geographic area or State in which the institution is located;
``(B) the plan to ensure the longevity of the program after the end of the grant; and
``(C) the plan to scale up the program (including the plan for the number of personnel to be hired, a description of their expected qualifications and titles, the number of fellowships and scholarships to be awarded, the estimated administrative expenses, proposed academic advising strategy, and organizing and outreach to maintain virtual community of computer science educators).
``(2) Equitable distribution.--The Secretary shall award grants under this section in a manner that ensures an equitable distribution of grants--
``(A) to rural and urban eligible institutions;
``(B) to eligible institutions that qualify for a waiver under subsection (e)(2); and
``(C) to eligible institutions that are located in areas where there is a need for increasing computer science education opportunities.
``(e) Matching Requirement.--
``(1) In general.--To receive a grant under this section, an eligible entity shall provide, from non-Federal sources, an amount that is not less than 50 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.
``(2) Waiver.--The Secretary shall waive all or part of the matching requirement described in paragraph (1) for any fiscal year the Secretary determines that applying such requirement to the eligible institution would result in serious hardship or an inability to carry out the authorized activities described in this section.
``(f) Report to Congress.--Not later than 2 years after the first grant is awarded under his section and each year thereafter, the Secretary shall submit to Congress a report on the success of the program based on metrics determined by the Secretary, including the number of centers established, the number of enrolled students, and the number of qualified teachers.
``(g) Technical Assistance.--The Secretary shall use up to 5 percent of the amount appropriated for each fiscal year to provide technical assistance to eligible institutions.
``(h) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible institution' means an institution of higher education, as defined in section 101, which may be in a partnership with a nonprofit organization.
``(2) Computer science.--The term `computer science' means the study of computers, including algorithmic processes and the study of computing principles and theories, as defined by a State, and may include instruction or learning on--
``(A) computer programming or coding as a tool to--
``(i) create software, such as applications, games, and websites; and
``(ii) process, manage, analyze, or manipulate data;
``(B) development and management of computer hardware related to sharing, processing, representing, securing, and using digital information; and
``(C) computational thinking skills and interdisciplinary problem-solving to equip students with the skills and abilities necessary to apply computational thinking in the digital world.
``(3) Computational thinking.--The term `computational thinking' means critical thinking skills that--
``(A) include knowledge of how problems and solutions can be expressed in such a way that allows them to be modeled or solved using a computer or machine;
``(B) include the use of strategies related to problem decomposition, pattern matching, abstractions, modularity, and algorithm design; and
``(C) involve creative problem solving skills and are applicable across a wide range of disciplines and careers.''.
______
SA 2003. Mr. PAUL (for himself, Mr. Johnson, Mr. Tuberville, Mr. Marshall, Mr. Braun, and Mr. Tillis) proposed an amendment to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; 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 2004. Mr. SASSE (for himself and Mr. Bennet) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V of division B, insert the following:
SEC. ___. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall--
(1) develop a plan for the development and resourcing of a modern digital ecosystem that embraces state-of-the-art tools and modern processes to enable development, testing, fielding, and continuous update of artificial intelligence-powered applications at speed and scale from headquarters to the tactical edge; and
(2) submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives the plan developed under paragraph (1).
(b) Contents of Plan.--At a minimum, the plan required by subsection (a) shall include the following:
(1) A roadmap for adopting a hoteling model to allow trusted small- and medium-sized artificial intelligence companies access to classified facilities on a flexible basis.
(2) An open architecture and an evolving reference design and guidance for needed technical investments in the proposed ecosystem that address issues, including common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure.
(3) A governance structure, together with associated policies and guidance, to drive the implementation of the reference throughout the intelligence community on a federated basis.
(c) Form.--The plan submitted under subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex.
______
SA 2005. Mrs. BLACKBURN (for herself and Mr. Lujan) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title V of division B, add the following:
SEC. ____. STUDY ON NATIONAL LABORATORY CONSORTIUM FOR CYBER
RESILIENCE.
(a) Study Required.--The Secretary of Energy shall, in consultation with the Secretary of Homeland Security and the Secretary of Defense, conduct a study to analyze the feasibility of authorizing a consortia within the National Laboratory system to address information technology and operational technology cybersecurity vulnerabilities in critical infrastructure (as defined in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).
(b) Elements.--The study required under subsection (a) shall include the following:
(1) An analysis of any additional authorities needed to establish a research and development program to leverage the expertise at the Department of Energy National Laboratories to accelerate development and delivery of advanced tools and techniques to defend critical infrastructure against cyber intrusions and enable resilient operations during a cyber attack.
(2) Evaluation of potential pilot programs in research, innovation transfer, academic partnerships, and industry partnerships for critical infrastructure protection research.
(3) Identification of and assessment of near-term actions, and cost estimates, necessary for the proposed consortia to be established and effective at a broad scale expeditiously.
(c) Report.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study conducted under subsection (a).
(2) Form.--The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources, the Committee on Armed Services, the Committee on Homeland Security and Government Affairs, and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives.
______
SA 2006. Mr. HAGERTY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. REASONABLE, NON-DISCRIMINATORY ACCESS TO ONLINE
COMMUNICATIONS PLATFORMS; BLOCKING AND
SCREENING OF OFFENSIVE MATERIAL.
(a) In General.--Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
(1) by striking section 230; and
(2) by adding at the end the following:
``SEC. 232. REASONABLE, NON-DISCRIMINATORY ACCESS TO ONLINE
COMMUNICATIONS PLATFORMS; BLOCKING AND
SCREENING OF OFFENSIVE MATERIAL.
``(a) Findings.--Congress finds the following:
``(1) The rapidly developing array of internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.
``(2) These services often offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology continues to develop.
``(3) The internet and other interactive computer services offer a forum for a true diversity of political discourse and viewpoints, unique opportunities for cultural development, and myriad avenues for intellectual activity, and regulation of the internet must be tailored to supporting those activities.
``(4) The internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation, and regulation should be limited to what is necessary to preserve the societal benefits provided by the internet.
``(5) Increasingly Americans rely on internet platforms and websites for a variety of political, educational, cultural, and entertainment services and for communication with one another.
``(b) Policy.--It is the policy of the United States--
``(1) to promote the continued development of the internet and other interactive computer services and other interactive media;
``(2) to preserve a vibrant and competitive free market for the internet and other interactive computer services;
``(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the internet and other interactive computer services, rather than control and censorship driven by interactive computer services;
``(4) to facilitate the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material;
``(5)(A) to ensure that the internet serves as an open forum for--
``(i) a true diversity of discourse and viewpoints, including political discourse and viewpoints;
``(ii) unique opportunities for cultural development; and
``(iii) myriad avenues for intellectual activity; and
``(B) given that the internet is the dominant platform for communication and public debate today, to ensure that major internet communications platforms, which function as common carriers in terms of their size, usage, and necessity, are available to all users on reasonable and non-discriminatory terms free from public or private censorship of religious and political speech;
``(6) to promote consumer protection and transparency regarding information and content management practices by major internet platforms to--
``(A) ensure that consumers understand--
``(i) the products they are using; and
``(ii) what information is being presented to them and why; and
``(B) prevent deceptive or undetectable actions that filter the information presented to consumers; and
``(7) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in online obscenity, stalking, and harassment.
``(c) Reasonable and Nondiscriminatory Access to Common Carrier Technology Companies.--
``(1) In general.--A common carrier technology company, with respect to the interactive computer service provided by the company--
``(A) shall furnish the interactive computer service to all persons upon reasonable request;
``(B) may not unjustly or unreasonably discriminate in charges, practices, classifications, regulations, facilities, treatment, or services for or in connection with the furnishing of the interactive computer service, directly or indirectly, by any means or device;
``(C) may not make or give any undue or unreasonable preference or advantage to any particular person, class of persons, political or religious group or affiliation, or locality; and
``(D) may not subject any particular person, class of persons, political or religious group or affiliation, or locality to any undue or unreasonable prejudice or disadvantage.
``(2) Applicability to broadband.--Paragraph (1) shall not apply with respect to the provision of broadband internet access service.
``(d) Consumer Protection and Transparency Regarding Common Carrier Technology Companies.--
``(1) In general.--A common carrier technology company shall disclose, through a publicly available, easily accessible website, accurate material regarding the content management, moderation, promotion, account termination and suspension, and curation mechanisms and practices of the company sufficient to enable--
``(A) consumers to make informed choices regarding use of the interactive computer service provided by the company; and
``(B) persons to develop, market, and maintain consumer-driven content management mechanisms with respect to the interactive computer service provided by the company.
``(2) Best practices.--The Commission, after soliciting comments from the public, shall publish best practices for common carrier technology companies to disclose content management, moderation, promotion, account termination and suspension, and curation mechanisms and practices in accordance with paragraph (1).
``(3) Applicability to broadband.--Paragraph (1) shall not apply with respect to the provision of broadband internet access service.
``(e) Protection for `Good Samaritan' Blocking and Screening of Offensive Material.--
``(1) Treatment of publisher or speaker.--
``(A) In general.--No provider or user of an interactive computer service shall be treated as the publisher or speaker of any material provided by another information content provider.
``(B) Exception.--Subparagraph (A) shall not apply to any affirmative act by a provider or user of an interactive computer service with respect to material posted on the interactive computer service, whether the act is carried out manually or through use of an algorithm or other automated or semi-automated process, including--
``(i) providing its own material;
``(ii) commenting or editorializing on, promoting, recommending, or increasing or decreasing the dissemination or visibility to users of its own material or material provided by another information content provider;
``(iii) restricting access to or availability of material provided by another information content provider; or
``(iv) barring or limiting any information content provider from using the interactive computer service.
``(2) Civil liability.--
``(A) In general.--No provider or user of an interactive computer service shall be held liable, under subsection (c) or otherwise, on account of--
``(i) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, promoting self-harm, or unlawful, whether or not such material is constitutionally protected; or
``(ii) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in clause (i).
``(B) Definitions.--For purposes of subparagraph (A)--
``(i) the term `excessively violent', with respect to material, means material that--
``(I) is likely to be deemed violent and for mature audiences according to the V-chip regulations and TV Parental Guidelines of the Commission promulgated under sections 303(x) and 330(c)(4); or
``(II) constitutes or intends to advocate domestic terrorism or international terrorism, as defined in section 2331 of title 18, United States Code;
``(ii) the term `harassing' means material that--
``(I) is--
``(aa) provided by an information content provider with the intent to abuse, threaten, or harass any specific person; and
``(bb) lacking in any serious literary, artistic, political, or scientific value;
``(II) violates the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.); or
``(III) is malicious computer code intended (whether or not by the immediate disseminator) to damage or interfere with the operation of a computer;
``(iii) the term `in good faith', with respect to restricting access to or availability of specific material, means the provider or user--
``(I) restricts access to or availability of material consistent with publicly available online terms of service or use that--
``(aa) state plainly and with particularity the criteria that the provider or user of the interactive computer service employs in its content moderation practices, including by any partially or fully automated processes; and
``(bb) are in effect on the date on which the material is first posted;
``(II) has an objectively reasonable belief that the material falls within one of the categories listed in subparagraph (A)(i);
``(III)(aa) does not restrict access to or availability of material on deceptive or pretextual grounds; and
``(bb) does not apply its terms of service or use to restrict access to or availability of material that is similarly situated to material that the provider or user of the interactive computer service intentionally declines to restrict; and
``(IV) supplies the information content provider of the material with timely notice describing with particularity the reasonable factual basis for the restriction of access and a meaningful opportunity to respond, unless the provider or user of the interactive computer service has an objectively reasonable belief that--
``(aa) the material is related to terrorism or criminal activity; or
``(bb) such notice would risk imminent physical harm to others; and
``(iv) the terms `obscene', `lewd', `lascivious', and
`filthy', with respect to material, mean material that--
``(I) taken as a whole--
``(aa) appeals to the prurient interest in sex or portrays sexual conduct in a patently offensive way; and
``(bb) does not have serious literary, artistic, political, or scientific value;
``(II) depicts or describes sexual or excretory organs or activities in terms patently offensive to the average person, applying contemporary community standards; or
``(III) signifies the form of immorality which has relation to sexual impurity, taking into account the standards at common law in prosecutions for obscene libel.
``(C) Best practices.--The Commission, after soliciting comments from the public, shall publish best practices for making publicly available online terms of service or use that state plainly and with particularity the criteria that the provider or user of an interactive computer service employs in its content moderation practices, including by any partially or fully automated processes, in accordance with subparagraph (B)(iii)(I).
``(f) Violations.--
``(1) Private right of action.--
``(A) In general.--A person aggrieved by a violation of subsection (c) or (d) may bring a civil action against the provider or user of an interactive computer service that committed the violation for any relief permitted under subparagraph (B) of this paragraph.
``(B) Relief.--
``(i) In general.--The plaintiff may seek the following relief in a civil action brought under subparagraph (A):
``(I) An injunction.
``(II) An award that is the greater of--
``(aa) actual damages; or
``(bb) damages in the amount of $500 for each violation.
``(ii) Willful or knowing violations.--In a civil action brought under subparagraph (A), if the court finds that the defendant willfully or knowingly violated subsection (c) or
(d), the court may, in its discretion, increase the amount of the award to not more than 3 times the amount available under clause (i)(II) of this subparagraph.
``(2) Actions by states.--
``(A) Authority of states.--
``(i) In general.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of violating subsection (c) or (d) that has threatened or adversely affected or is threatening or adversely affecting an interest of the residents of that State, the State may bring a civil action against the person on behalf of the residents of the State for any relief permitted under clause (ii) of this subparagraph.
``(ii) Relief.--
``(I) In general.--The plaintiff may seek the following relief in a civil action brought under clause (i):
``(aa) An injunction.
``(bb) An award that is the greater of--
``(AA) actual damages; or
``(BB) damages in the amount of $500 for each violation.
``(II) Willful or knowing violations.--In a civil action brought under clause (i), if the court finds that the defendant willfully or knowingly violated subsection (c) or
(d), the court may, in its discretion, increase the amount of the award to not more than 3 times the amount available under subclause (I)(bb) of this clause.
``(B) Investigatory powers.--For purposes of bringing a civil action under this paragraph, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or the official by the laws of the State to--
``(i) conduct investigations;
``(ii) administer oaths or affirmations; or
``(iii) compel the attendance of witnesses or the production of documentary and other evidence.
``(C) Effect on state court proceedings.--Nothing in this paragraph shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of the State.
``(D) Attorney general defined.--For purposes of this paragraph, the term `attorney general' means the chief legal officer of a State.
``(3) Venue; service of process.--
``(A) Venue.--A civil action brought under this subsection may be brought in the location where--
``(i) the defendant--
``(I) is found;
``(II) is an inhabitant; or
``(III) transacts business; or
``(ii) the violation occurred or is occurring.
``(B) Service of process.--Process in a civil action brought under this subsection may be served where the defendant--
``(i) is an inhabitant; or
``(ii) may be found.
``(g) Obligations of Interactive Computer Service.--A provider of an interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify the customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. The notice shall identify, or provide the customer with access to material identifying, current providers of such protections.
``(h) Effect on Other Laws.--
``(1) No effect on criminal law.--Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this Act, chapter 71 (relating to obscenity) or 110
(relating to sexual exploitation of children) of title 18, United States Code, or any other Federal criminal statute.
``(2) No effect on intellectual property law.--Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.
``(3) State law.--Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.
``(4) No effect on communications privacy law.--Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law.
``(5) No effect on sex trafficking law.--Nothing in this section (other than subsection (e)(2)(A)(i) shall be construed to impair or limit--
``(A) any claim in a civil action brought under section 1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of that title;
``(B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18, United States Code; or
``(C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.
``(i) Definitions.--As used in this section:
``(1) Access software provider.--The term `access software provider' means a provider of software (including client or server software), or enabling tools that do any one or more of the following:
``(A) Filter, screen, allow, or disallow material.
``(B) Pick, choose, analyze, or digest material.
``(C) Transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate material.
``(2) Broadband internet access service.--The term
`broadband internet access service' has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
``(3) Common carrier technology company.--The term `common carrier technology company' means a provider of an interactive computer service that--
``(A) offers its services to the public; and
``(B) has more than 100,000,000 worldwide active monthly users.
``(4) Information content provider.--
``(A) In general.--The term `information content provider' means any person or entity that is responsible, in whole or in part, for the creation or development of material provided through the internet or any other interactive computer service.
``(B) Responsibility defined.--For purposes of subparagraph
(A), the term `responsible, in whole or in part, for the creation or development of material' includes affirmatively and substantively contributing to, modifying, altering, presenting with a reasonably discernible viewpoint, commenting upon, or editorializing about material provided by another person or entity.
``(5) Interactive computer service.--The term `interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
``(6) Internet.--The term `internet' means the international computer network of both Federal and non-Federal interoperable packet switched data networks.
``(7) Material.--The term `material' means any data, regardless of physical form or characteristic, including--
``(A) written or printed matter, information, automated information systems storage media, maps, charts, paintings, drawings, films, photographs, images, videos, engravings, sketches, working notes, or papers, or reproductions of any such things by any means or process; and
``(B) sound, voice, magnetic, or electronic recordings.''.
(b) Conforming Amendments.--
(1) Communications act of 1934.--The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended--
(A) in section 223(h)(2) (47 U.S.C. 223(h)(2)), by striking
``section 230(f)(2)'' and inserting ``section 232''; and
(B) in section 231(b)(4) (47 U.S.C. 231(b)(4)), by striking
``section 230'' and inserting ``section 232''.
(2) Trademark act of 1946.--Section 45 of the Act entitled
``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. 1127) is amended by striking the definition relating to the term ``Internet'' and inserting the following:
``The term `internet' has the meaning given that term in section 232 of the Communications Act of 1934.''.
(3) Title 17, united states code.--Section 1401(g) of title 17, United States Code, is amended--
(A) by striking ``section 230 of the Communications Act of 1934 (47 U.S.C. 230)'' and inserting ``section 232 of the Communications Act of 1934''; and
(B) by striking ``subsection (e)(2) of such section 230'' and inserting ``subsection (h)(2) of such section 232''.
(4) Title 18, united states code.--Part I of title 18, United States Code, is amended--
(A) in section 2257(h)(2)(B)(v), by striking ``section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c))'' and inserting ``section 232(e) of the Communications Act of 1934''; and
(B) in section 2421A--
(i) in subsection (a), by striking ``(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))'' and inserting ``(as that term is defined in section 232 of the Communications Act of 1934)''; and
(ii) in subsection (b), by striking ``(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))'' and inserting ``(as that term is defined in section 232 of the Communications Act of 1934)''.
(5) Controlled substances act.--Section 401(h)(3)(A)(iii)(II) of the Controlled Substances Act (21 U.S.C. 841(h)(3)(A)(iii)(II)) is amended by striking
``section 230(c) of the Communications Act of 1934'' and inserting ``section 232(e) of the Communications Act of 1934''.
(6) Webb-kenyon act.--Section 3(b)(1) of the Act entitled
``An Act divesting intoxicating liquors of their interstate character in certain cases'', approved March 1, 1913
(commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122b(b)(1)) is amended by striking ``(as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting ``(as defined in section 232 of the Communications Act of 1934)''.
(7) Title 28, united states code.--Section 4102 of title 28, United States Code, is amended--
(A) in subsection (c)--
(i) by striking ``section 230 of the Communications Act of 1934 (47 U.S.C. 230)'' and inserting ``section 232 of the Communications Act of 1934''; and
(ii) by striking ``section 230 if'' and inserting ``that section if''; and
(B) in subsection (e)(2), by striking ``section 230 of the Communications Act of 1934 (47 U.S.C. 230)'' and inserting
``section 232 of the Communications Act of 1934''.
(8) Title 31, united states code.--Section 5362(6) of title 31, United States Code, is amended by striking ``section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting ``section 232 of the Communications Act of 1934''.
(9) National telecommunications and information administration organization act.--Section 157(e)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 941(e)(1)) is amended, in the matter preceding subparagraph (A), by striking ``section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c))'' and inserting ``section 232(e) of the Communications Act of 1934''.
(c) Applicability.--Subsections (c) and (d) of section 232 of the Communications Act of 1934, as added by subsection
(a), shall apply to a common carrier technology company on and after the date that is 90 days after the date of enactment of this Act.
______
SA 2007. Mr. HAGERTY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE ___--PROTECT ELECTORAL COLLEGE ACT
SEC. __01. SHORT TITLE.
This title may be cited as the ``Protecting the Right to Organized, Transparent Elections through a Constitutionally Trustworthy Electoral College Act (PROTECT Electoral College Act)''.
SEC. __02. REPORT ON 2020 GENERAL ELECTION.
(a) Definitions.--For purposes of this section:
(1) 2016 presidential election.--The term ``2016 Presidential election'' means the general election for Federal office occurring in 2016.
(2) 2020 presidential election.--The term ``2020 Presidential election'' means the general election for Federal office occurring in 2020.
(3) Applicable election security funds.--The term
``applicable election security funds'' means the amount of grant funding provided to the State by the Election Assistance Commission--
(A) from amounts appropriated under the heading ``Election Assistance Commission, Election Security Grants'' in the Financial Services and General Government Appropriations Act, 2020 (Public Law 116-93); or
(B) from amounts appropriated under the heading ``Election Assistance Commission, Election Security Grants'' in the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136).
(4) State.--The term ``State'' has the meaning given such term under section 901 of the Help America Vote Act of 2002
(52 U.S.C. 21141), except that such term shall include the Commonwealth of the Northern Mariana Islands.
(5) Unsolicited mail-in ballot.--The term ``unsolicited mail-in ballot'' means any ballot sent to a voter by mail if--
(A) such ballot was not specifically requested by the voter; or
(B) the ballot request by the voter was initiated by the mailing of a ballot application not specifically requested by the voter.
(6) Unsolicited mail-in ballot percentage.--The term
``unsolicited mail-in ballot percentage'' means the number of unsolicited mail-in ballots distributed in the State as a percentage of the number of total ballots provided to voters in the State.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress and make publicly available a report on the 2020 Presidential election.
(2) Matters included.--The report submitted under paragraph
(1) shall include the following with respect to each State: that received applicable election security funds:
(A) Unsolicited mail-in ballot percentage.--
(i) In general.--An analysis of whether the unsolicited mail-in ballot percentage for State for the 2020 Presidential election was greater than the unsolicited mail-in ballot percentage for the State for the 2016 Presidential election.
(ii) Relevant authority for any increase.--If the Comptroller General determines that the unsolicited mail-in ballot percentage for the State for the 2020 Presidential election was greater than the unsolicited mail-in ballot percentage for the State for the 2016 Presidential election, the Comptroller General shall provide a description of any change in authority (including any statutory change relating to the distribution of unsolicited mail-in ballots), action, or directive concerning unsolicited mail-in ballots occurring between the 2016 Presidential election and 2020 Presidential election that may have led to such result.
(B) Mail-in voter verification procedures.--
(i) In general.--An analysis of whether there were changes in the State's methods and processes used to verify the identification of voters who vote using mail-in ballots, including signature verification requirements, that applied with respect to the 2020 Presidential election but did not apply to the 2016 Presidential election.
(ii) Relevant authority for changes.--If the Comptroller General determines that there were changes in the State's mail-in voter verification procedures described in clause
(i), the Comptroller General shall provide a description of any authority (including any statutory authority), action, or directive that led to such change.
(C) Other election procedures.--
(i) In general.--An analysis of whether the State materially altered or changed its election procedures for the 2020 Presidential election (other than procedures described in subparagraph (B)) from the procedures in effect for the 2016 Presidential election.
(ii) Relevant authority for changes.--If the Comptroller General determines that there were changes in the election procedures described in clause (i), the Comptroller General shall provide a description of any authority (including any statutory authority), action, or directive that led to such change.
(D) Mail-in ballot collection.--
(i) In general.--An analysis of whether there were specific, documented allegations of a person other than a voter or a voter's family member or caregiver collecting or returning the voter's completed ballot in the 2020 Presidential election.
(ii) Relevant authority for collection.--If the Comptroller General determines that there were specific, documented allegations described in clause (i), the Comptroller General shall provide a description of any authority (including any statutory authority), action, or directive permitting such collection or return.
(E) Observation of ballot counting.--An analysis of whether the State has a statute providing for third-party observation of ballot counting, and if so, whether there were specific, documented instances in connection with the 2020 Presidential election in which the State is alleged to have failed to comply with such statute.
(F) Failure to enforce.--An analysis of whether there were specific, documented instances in connection with the 2020 Presidential election in which the State allegedly failed to enforce one or more of its election statutes (other than a statute described in subparagraph (E)).
(G) Use of applicable election security funds.--In the case of a State that received applicable election security funds, an analysis of--
(i) whether such funds were used to make expenditures with respect to the 2020 Presidential election;
(ii) whether such funds were used in connection with any activity carried out pursuant to an authority, action, or directive described in subparagraph (A)(ii), (B)(ii),
(C)(ii), or (D)(ii); and
(iii) whether the State complied with all statutory and other conditions imposed in connection with the receipt of such funds.
(H) Subsequent state actions.--A description of any of the following actions taken by the State legislature:
(i) The passage of a resolution expressing an opinion on, or the submission to Congress or the Comptroller General of a communication relating to, the items described in subparagraphs (A) through (G).
(ii) The enactment, after the completion of the 2020 Presidential election, of legislation regarding any authority, action, or directive described in subparagraph
(A)(ii), (B)(ii), (C)(ii), or (D)(ii) or any failure described in subparagraph (E) or (F).
SEC. __03. TEMPORARY SUSPENSION OF, AND REQUIREMENTS FOR,
FUTURE ELECTION ASSISTANCE GRANTS.
(a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended by adding at the end the following new part:
``PART 7--REQUIREMENTS FOR ELECTION ASSISTANCE
``SEC. 297. SUSPENSION OF ELECTION ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of law, no grant may be awarded under this Act before July 1, 2022.
``(b) Suspension of Previous Grants.--No State may expend Federal funds provided under this Act before the date of the enactment of this section before July 1, 2022.
``SEC. 298. REQUIREMENTS FOR FUTURE ELECTION ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of law, no State may receive any grant awarded under this Act after the date of the enactment of this section unless the State has certified by resolution adopted by the State legislature, as a condition of receiving the grant, that it is in compliance with the requirements of subsection (b).
``(b) Requirements.--
``(1) In general.--A State satisfies the requirements of this section if, in connection with any election for Federal office--
``(A) the methods and processes used by the State to verify the identification of voters who vote using mail-in ballots are specifically set forth in statute;
``(B) except as specifically provided by statute--
``(i) the State does not use unsolicited mail-in balloting; and
``(ii) the State does not permit persons other than the voter or the voter's family members or caregivers to return a voter's completed ballot;
``(C) for any election after the last day that the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, is in effect, the State uses all voting procedures in place as of January 1, 2020 (except as modified by State statutes applying to elections after such date);
``(D) in the case of State that has a law providing for third-party observation of ballot counting, such ballot observation law is strictly followed in all instances;
``(E) the State complies with all requirements under title III; and
``(F) the State has taken documented, affirmative measures to address--
``(i) any prior failure to satisfy the requirements of subparagraphs (A) through (E) that is identified by the State legislature in a resolution (or other similar communication submitted to Congress and the Comptroller General); or
``(ii) any prior specific, documented instance in which the State--
``(I) failed to enforce one or more of its election statutes; or
``(II) materially altered or changed its election procedures without a corresponding state statutory enactment.
``(2) Unsolicited mail-in balloting.--For purposes of paragraph (1)(B), the term `unsolicited mail-in balloting' means the process of sending ballots to a voter by mail if--
``(A) such ballot was not specifically requested by the voter; or
``(B) the ballot request by the voter was initiated by the mailing of a ballot application not specifically requested by the voter.
``PART 8--PROHIBITION ON USE OF FUNDS
``SEC. 299. PROHIBITION ON USE OF FUNDS.
``Notwithstanding any other provision of law, any amounts provided under this Act shall not be used in furtherance of any election procedure that is not expressly set forth in a statute enacted by the State legislature.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 296 the following:
``Part 7--Requirements for Election Assistance
``Sec. 297. Suspension of election assistance.
``Sec. 298. Requirements for future election assistance.
``Part 8--Prohibition on Use of Funds
``Sec. 299. Prohibition on use of funds.''.
______
SA 2008. Mr. HAGERTY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title II of division C, add the following:
SEC. 3236. EMERGENCY RESUPPLY FOR IRON DOME.
(a) Short Title.--This section may be cited as the
``Emergency Resupply for IRON DOME Act of 2021''.
(b) Funding for Iron Dome Short-range Rocket Defense System.--Notwithstanding any other provision of law, including section 1649 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) and sections 482(b) and 531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291a(b) and 2346(e)), the President shall transfer all unexpended balances of appropriations made available for assistance to Gaza--
(1) to the Department of Defense, to be available for grants to Israel for the Iron Dome short-range rocket defense system; or
(2) to the Foreign Military Financing Program authorized under section 23 of the Arms Export Control Act (22 U.S.C. 2763), to be available for grants to Israel for the Iron Dome short-range rocket defense system.
______
SA 2009. Mr. HAGERTY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROTECTING AMERICANS AGAINST FENTANYL AND OTHER
SYNTHETIC OPIOIDS.
(a) Statement of Policy.--It is the policy of the United States that all cabinet officials and other Government officers shall, in advancing American interests by working with other countries and international organizations, advocate for treating fentanyl and other synthetic opioids as weapons of mass destruction.
(b) Homeland Security Act of 2002.--Section 1921 of the Homeland Security Act of 2002 (6 U.S.C. 591g) is amended by inserting ``fentanyl or synthetic opioid,'' after
``chemical,''.
(c) Defense Against Weapons of Mass Destruction Act of 1996.--Section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following:
``(D) illicit fentanyl, fentanyl analogues, or synthetic opioids.''.
(d) Foreign Intelligence Surveillance Act of 1978.--Section 101(p)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(p)(2)) is amended by inserting ``, including illicit fentanyl, fentanyl analogues, or synthetic opioids'' after ``precursors''.
______
SA 2010. Mr. HAGERTY submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPORT ON USE OF DRUG DETECTION TECHNOLOGY AT THE
BORDER.
Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that describes--
(1) the technology that has been authorized by U.S. Customs and Border Protection to detect drug contraband entering the United States at or between ports of entry;
(2) the resources Congress has provided in furtherance of the technology described in paragraph (1);
(3) the technology that has been utilized at the United States border to detect drug contraband entering the United States at or between ports of entry; and
(4) the resources that the Department of Homeland Security has expended in furtherance of such technology.
______
SA 2011. Mr. HAGERTY submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
In section 3291I(c), strike ``a written report'' and all that follows through ``detailing a description'' and insert the following: ``an unclassified written report, with a classified annex, that includes--
(1) a description
In section 3291I, amend subsection (e) to read as follows:
(e) Report on Drug Seizures.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Administrator of the Drug Enforcement Administration, in coordination with the Office of National Drug Control Policy, U.S. Customs and Border Protection, the Department of Homeland Security, the Department of Justice, the Coast Guard, the Centers for Disease Control and Prevention, the Office of the United States Trade Representative, the Office of the Director of National Intelligence, the Central Intelligence Agency , the Department of Defense, the United States Postal Service, and other relevant agencies, shall submit a report to Congress that describes--
(1) with respect to illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors seized at the United States borders and ports of entry--
(A) the source countries from which such drugs originated and the third party countries through which such drugs traveled;
(B) the amounts of illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors; and
(C) the lethality of the amounts of illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors seized;
(2) with respect to illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors seized within the United States--
(A) the source countries from which such drugs originated and the third party countries through which such drugs traveled;
(B) the amounts of illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors seized; and
(C) the lethality of the amounts of illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors seized; and
(3) the activities conducted by Chinese entities and nationals in furtherance of illicit fentanyl production in Mexico for drug trafficking purposes.
______
SA 2012. Mr. OSSOFF submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
On page 141, on line 8, insert ``and those that seek to assess the unintended or long-term ethical, privacy, and civil liberties implications of widespread adoption and application of AI systems'' after ``systems''.
______
SA 2013. Mr. OSSOFF submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title V of division B, add the following:
SEC. 2528. ENHANCING CYBERSECURITY EDUCATION.
(a) Federal Cyber Scholarship-for-service Program.--Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended--
(1) in subsection (a), by adding at the end the following:
``In carrying out the program under this section, the Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management and Secretary of Homeland Security, shall work with Historically Black Colleges and Universities, minority-serving institutions, and public institutions of higher education that have an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)), to increase the participation of students enrolled in such institutions.'';
(2) in subsection (b)(4)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) to expand cybersecurity education opportunities, capacity, and teacher training for high-need schools and schools serving students underrepresented in science, technology, engineering, and mathematics.''; and
(3) in subsection (m)(1)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) the success of recruitment, retention, hiring, and placement of students at Historically Black Colleges and Universities, minority-serving institutions, and public institutions of higher education that have an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d))), and the level and nature of participation in the program under this section by such institutions.''.
(b) Dr. David Satcher Cybersecurity Education Grant Program.--
(1) Authorization.--The Director shall--
(A) award grants to assist Historically Black Colleges and Universities, minority-serving institutions, and institutions of higher education that have an enrollment of needy students
(as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d))) to establish or expand cybersecurity programs, to build and upgrade institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities, and to support such institutions on the path to producing qualified entrants in the cybersecurity workforce or becoming a National Center of Academic Excellence in Cybersecurity through the program carried out by the National Security Agency and the Department of Homeland Security; and
(B) award grants for a 5-year pilot period to build capacity to eligible Historically Black Colleges and Universities, minority-serving institutions, and public institutions of higher education that have an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d))) to expand cybersecurity education opportunities, cybersecurity technology and programs, cybersecurity research, and cybersecurity partnerships with public and private entities.
(2) Applications.--An eligible institution seeking a grant under paragraph (1) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including a statement of how the institution will use the funds awarded through the grant to expand cybersecurity education opportunities at the eligible institution.
(3) Activities.--An eligible institution that receives a grant under this section may use the funds awarded through such grant for increasing research, education, technical, partnership, and innovation capacity, including for--
(A) building and upgrading institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities; and
(B) building and upgrading institutional capacity to provide hands-on research and training experiences for undergraduate and graduate students.
______
SA 2014. Mr. DURBIN (for himself, Mr. Leahy, and Mr. Reed) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title II of division C, add the following:
SEC. 3219L. SENSE OF SENATE ON ALLOCATION OF SPECIAL DRAWING
RIGHTS BY INTERNATIONAL MONETARY FUND RELATING
TO COVID-19 PANDEMIC.
It is the sense of the Senate that--
(1) it is in the strategic interests of the United States to help ensure that COVID-19 vaccines are available to other countries, particularly poorer countries with limited resources, not only as a timely live-saving and humanitarian measure, but also as the best way to protect hard-fought gains made against the pandemic in the United States;
(2) the people of the United States will never be fully protected against the COVID-19 pandemic until the pandemic is also brought under control through vaccination around the world;
(3) the release of Special Drawing Rights by the International Monetary Fund, as was done after the 2008 global economic crisis, is a no-cost way to help poorer countries procure COVID-19 vaccines and protect against the instability caused by a severe economic downturn;
(4) helping protect against another global economic meltdown by releasing Special Drawing Rights is also a way to help protect United States export jobs at home, and why the move is supported by leaders of United States businesses and labor organizations; and
(5) any allocations of Special Drawing Rights approved by the International Monetary Fund to help with the purchase of COVID-19 vaccines and stem the worst economic impact of the pandemic should include ongoing efforts to discourage countries that are allies of the United States from exchanging Special Drawing Rights for hard currencies with rogue countries and follow-up by the International Monetary Fund to audit how such allocations were spent.
______
SA 2015. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title V of division C, add the following:
SEC. 3505. POLICY OF UNITED STATES ON MAINTAINING SUPERIORITY
OF UNITED STATES NUCLEAR FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the modernization of the land-based intercontinental ballistic missile, ballistic missile submarines, and nuclear-capable heavy bomber aircraft is essential to maintaining a competitive edge over the People's Republic of China and providing security for allies of the United States in the region;
(2) continued support for the modernization of the nuclear triad will be a necessary consideration during ratification of any future arms control treaty with the People's Republic of China;
(3) the nuclear forces of the People's Republic of China will significantly evolve over the decade after the date of the enactment of this Act as the People's Republic of China modernizes, diversifies, and increases the number of its land-, sea-, and air-based nuclear delivery platforms;
(4) the People's Republic of China is pursuing a nuclear triad with the development of a nuclear-capable air-launched ballistic missile and improving its ground and sea-based nuclear capabilities; and
(5) new developments in 2019 further suggest that the People's Republic of China intends to increase the peacetime readiness of its nuclear forces by moving to a launch-on-warning posture with an expanded silo-based force.
(b) Statement of Policy.--It is the policy of the United States--
(1) to advance the strategic deterrence capabilities of the United States both quantitatively and qualitatively;
(2) to ensure the safety, reliability, and performance of the nuclear forces of the United States;
(3) to fully modernize the United States nuclear triad as needed to maintain the premier nuclear force on the planet; and
(4) that any new nuclear arms limitation treaties must include the People's Republic of China before ratification.
______
SA 2016. Mr. SANDERS (for himself and Ms. Warren) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
On page 23, between lines 7 and 8, insert the following:
(5) Conditions of receipt.--
(A) Required agreement.--A covered entity to which the Secretary of Commerce awards Federal financial assistance under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) or paragraph (3) of this subsection with amounts appropriated under this subsection shall enter into an agreement that specifies that, during the 5-year period immediately following the award of the Federal financial assistance--
(i) the covered entity will not--
(I) repurchase an equity security that is listed on a national securities exchange of the covered entity or any parent company of the covered entity, except to the extent required under a contractual obligation that is in effect as of the date of enactment of this Act;
(II) outsource or offshore jobs to a location outside of the United States; or
(III) abrogate existing collective bargaining agreements; and
(ii) the covered entity will remain neutral in any union organizing effort.
(B) Financial protection of government.--
(i) In general.--The Secretary of Commerce may not award Federal financial assistance to a covered entity under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) or paragraph (3) of this subsection with amounts appropriated under this subsection, unless--
(I)(aa) the covered entity has issued securities that are traded on a national securities exchange; and
(bb) the Secretary of the Treasury receives a warrant or equity interest in the covered entity; or
(II) in the case of any covered entity other than a covered entity described in subclause (I), the Secretary of the Treasury receives, in the discretion of the Secretary of the Treasury--
(aa) a warrant or equity interest in the covered entity; or
(bb) a senior debt instrument issued by the covered entity.
(ii) Terms and conditions.--The terms and conditions of any warrant, equity interest, or senior debt instrument received under clause (i) shall be set by the Secretary of Commerce and shall meet the following requirements:
(I) Purposes.--Such terms and conditions shall be designed to provide for a reasonable participation by the Secretary of Commerce, for the benefit of taxpayers, in equity appreciation in the case of a warrant or other equity interest, or a reasonable interest rate premium, in the case of a debt instrument.
(II) Authority to sell, exercise, or surrender.--For the primary benefit of taxpayers, the Secretary of Commerce may sell, exercise, or surrender a warrant or any senior debt instrument received under this subparagraph. The Secretary of Commerce shall not exercise voting power with respect to any shares of common stock acquired under this subparagraph.
(III) Sufficiency.--If the Secretary of Commerce determines that a covered entity cannot feasibly issue warrants or other equity interests as required by this subparagraph, the Secretary of Commerce may accept a senior debt instrument in an amount and on such terms as the Secretary of Commerce deems appropriate.
______
SA 2017. Ms. ERNST (for herself and Ms. Hassan) submitted an amendment intended to be proposed by her to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF NSF FUNDS.
The National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended by inserting after section 11 the following:
``SEC. 11A. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF NSF
FUNDS.
``A grantee or subgrantee carrying out a program, project, or activity that is, in whole or in part, carried out using funds provided by the Foundation shall clearly state, to the extent possible, in any statement, press release, request for proposals, bid solicitation, or other document describing the program, project, or activity, other than a communication containing not more than 280 characters--
``(1) the percentage of the total costs of the program, project, or activity which will be financed with funds provided by the Foundation;
``(2) the dollar amount of the funds provided by the Foundation made available for the program, project, or activity; and
``(3) the percentage of the total costs of, and dollar amount for, the program, project, or activity that will be financed by nongovernmental sources.''.
______
SA 2018. Mr. THUNE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, add the following:
SEC. 6302. VEHICLE TECHNOLOGY COMPETITIVENESS.
(a) Findings.--Congress finds that--
(1) the Government of the People's Republic of China is investing in developing innovative technologies with commercial and military applications, including autonomous vehicles;
(2) the municipal government of Shanghai alone has planned investments of $15,000,000,000 over 10 years for research and development;
(3) the Government of the People's Republic of China has a strategy of promoting national champions, including in the autonomous vehicle industry, in order to overtake and replace foreign market leaders;
(4) technological leadership in the autonomous vehicle industry represents a global market opportunity worth an estimated $8,000,000,000,000;
(5) unless the United States enacts policies to protect the technological leadership of the United States in the autonomous vehicle industry against the People's Republic of China and other competitors, the United States risks losing that technological leadership; and
(6) maintaining the leading role of the United States in developing and producing autonomous vehicles is essential--
(A) to growing manufacturing jobs that support a strong middle class; and
(B) to achieving the safety and mobility benefits offered by autonomous vehicles.
(b) Highly Automated Systems Safety Center of Excellence.--
(1) Definitions.--In this subsection:
(A) Center.--The term ``Center'' means the Highly Automated Systems Safety Center of Excellence established under paragraph (2).
(B) Department.--The term ``Department'' means the Department of Transportation.
(C) Secretary.--The term ``Secretary'' means the Secretary of Transportation.
(2) Establishment.--The Secretary shall establish a Highly Automated Systems Safety Center of Excellence within the Department for the purpose of maintaining a workforce at the Department that is capable of reviewing, assessing, and validating the safety of automated technologies.
(3) Duties.--
(A) In general.--The Center shall--
(i) serve as a central location within the Department for expertise in--
(I) automation and human factors;
(II) computer science;
(III) data analytics;
(IV) machine learning;
(V) sensors and other technologies relating to automated systems; and
(VI) security; and
(ii) collaborate with, and provide support to, all operating administrations of the Department with respect to highly automated systems.
(B) Review, assessment, and validation.--The workforce of the Center, in coordination with relevant operating administrations of the Department, shall advise on the review, assessment, and validation of highly automated systems to ensure the safety and security of those systems.
(C) Authority.--The activities of the Center under this subsection shall not supersede any certification authority granted to an operating administration of the Department under other law (including regulations).
(4) Workforce.--The Center shall have a workforce composed of--
(A) employees of the Department, including--
(i) direct hires; or
(ii) detailees from operating administrations of the Department; or
(B) detailees of other Federal agencies.
(5) Savings clause.--Nothing in this subsection supersedes any law (including regulations)--
(A) granting certification authority to an operating administration of the Department;
(B) establishing certification responsibilities for manufacturers (as defined in section 30102(a) of title 49, United States Code); or
(C) granting authority to an operating administration of the Department to determine safety defects in regulated products.
(6) Conforming amendment.--Section 105 of division H of the Further Consolidated Appropriations Act, 2020 (49 U.S.C. 102 note; Public Law 116-94) is repealed.
(7) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing--
(A) the staffing needs of the Center; and
(B) the staffing plan for the Center.
(c) Motor Vehicle Testing or Evaluation.--
(1) Definitions.--Section 30102(a) of title 49, United States Code, is amended--
(A) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(B) in each of paragraphs (1) through (13)--
(i) by inserting ``The term'' after the paragraph designation; and
(ii) by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph;
(C) by redesignating paragraphs (1) through (13) as paragraphs (2), (3), (4), (5), (7), (8), (9), (10), (11),
(12), (13), (14), and (15), respectively;
(D) by inserting before paragraph (2) (as so redesignated) the following:
``(1) Automated driving system.--The term `automated driving system' means a Level 3, Level 4, or Level 5 automated driving system (as defined in the SAE International Recommended Practice numbered J3016 and dated June 15, 2018
(or a subsequent standard adopted by the Secretary)).''; and
(E) by inserting after paragraph (5) (as so redesignated) the following:
``(6) Highly automated vehicle.--The term `highly automated vehicle' means a motor vehicle that is equipped with an automated driving system.''.
(2) Application of certain prohibitions.--Section 30112(b) of title 49, United States Code, is amended by striking paragraph (10) and inserting the following:
``(10) the introduction of a motor vehicle in interstate commerce solely for purposes of testing, evaluation, or demonstration--
``(A) by a manufacturer that--
``(i) agrees not to sell or lease, or offer for sale or lease, the motor vehicle at the conclusion of the testing, evaluation, or demonstration;
``(ii) has manufactured and distributed into the United States motor vehicles that are certified, or motor vehicle equipment utilized in a motor vehicle that is certified, to comply with all applicable Federal motor vehicle safety standards;
``(iii) has submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations (or successor regulations); and
``(iv) if applicable, has identified an agent for service of process in accordance with part 551 of that title (or successor regulations); or
``(B) of a highly automated vehicle, automated driving system, or component of an automated driving system if--
``(i) the testing, evaluation, or demonstration of the vehicle is conducted only by employees, agents, or fleet management contractors of the manufacturer of the highly automated vehicle, the automated driving system, or any component of such vehicle or system;
``(ii) the manufacturer agrees not to sell or lease, or offer for sale or lease, the highly automated vehicle, automated driving system, or component of an automated driving system at the conclusion of the testing, evaluation, or demonstration;
``(iii) the manufacturer has submitted appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations (or successor regulations), if applicable, or similar manufacturer identification information, including--
``(I) the name of the manufacturer (including a manufacturer that is an individual, partnership, corporation, or institution of higher education) and a point of contact;
``(II) the physical address of the manufacturer and the State of incorporation of the manufacturer, if applicable;
``(III) a description of each type of motor vehicle used during development of the highly automated vehicle, automated driving system, or component of the automated driving system manufactured by the manufacturer; and
``(IV) proof of insurance for any State in which the manufacturer intends to test or evaluate highly automated vehicles; and
``(iv) if applicable, the manufacturer has identified an agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations (or successor regulations).''.
(3) Conforming amendments.--
(A) Section 11028(a)(1)(A) of the 21st Century Department of Justice Appropriations Authorization Act (15 U.S.C. 1226(a)(1)(A)) is amended by striking ``section 30102(6) of title 49 of the United States Code'' and inserting ``section 30102(a) of title 49, United States Code''.
(B) Section 3(a)(5)(C) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)(5)(C)) is amended by striking ``(as defined by sections 102 (3) and (4) of the National Traffic and Motor Vehicle Safety Act of 1966)'' and inserting ``(as those terms are defined in section 30102(a) of title 49, United States Code)''.
(C) Section 15(b) of the Consumer Product Safety Act (15 U.S.C. 2064(b)) is amended, in the matter preceding paragraph
(1), by striking ``section 30102(a)(7)'' and inserting
``section 30102(a)''.
(D) Section 403(h)(5)(A) of title 23, United States Code, is amended by striking ``section 30102(a)(6)'' and inserting
``section 30102(a)''.
(E) Section 2 of Public Law 107-319 (49 U.S.C. 30102 note; 116 Stat. 2777) is amended by striking ``section 30102(6)'' and inserting ``section 30102(a)''.
(F) Section 101(8) of the Servicemembers Civil Relief Act
(50 U.S.C. 3911(8)) is amended by striking ``section 30102(a)(6)'' and inserting ``section 30102(a)''.
(d) Highly Automated Vehicles Exemptions.--Section 30113 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking the subsection designation and heading and all that follows through ``means a motor'' and inserting the following:
``(a) Definitions.--In this section:
``(1) Low-emission motor vehicle.--The term `low-emission motor vehicle' means a motor''; and
(B) by adding at the end the following:
``(2) New motor vehicle safety feature.--The term `new motor vehicle safety feature' includes any feature that enables a highly automated vehicle or an automated driving system, regardless of whether an exemption has already been granted for a similar feature with respect to any other motor vehicle model.
``(3) Secretary.--The term `Secretary' means the Secretary of Transportation.'';
(2) in subsection (b)--
(A) by striking the subsection designation and all that follows through ``The Secretary of Transportation'' in paragraph (1) and inserting the following:
``(b) Authority to Exempt and Procedures.--
``(1) In general.--The Secretary'';
(B) by striking paragraph (2) and inserting the following:
``(2) Procedures.--
``(A) Commencement.--
``(i) In general.--The Secretary shall commence a proceeding under this subsection when a manufacturer submits to the Secretary an application for an exemption or the renewal of an exemption in accordance with clause (ii).
``(ii) Applications.--An application for an exemption or the renewal of an exemption under this subparagraph shall be filed at such time, in such manner, and containing such information as the Secretary may require.
``(B) Publication.--On commencing a proceeding under subparagraph (A), the Secretary shall--
``(i) publish in the Federal Register a notice of the relevant application; and
``(ii) provide an opportunity for public comment.
``(C) Determination.--The Secretary shall grant or deny an exemption or the renewal of an exemption for a highly automated vehicle by the date that is 180 days after the date on which the application for the exemption or renewal is received by the Secretary.
``(D) Review of previously granted exemptions.--For any exemption granted by the Secretary under this section, the Secretary, not less frequently than annually, and before granting a renewal or otherwise increasing the number of highly automated vehicles of a manufacturer that may be sold or otherwise introduced into interstate commerce under the exemption, shall evaluate the impact of the exemption on motor vehicle safety to ensure compliance with any conditions established by the Secretary.''; and
(C) in paragraph (3)(B)--
(i) in clause (iii), by striking ``or'' at the end; and
(ii) by striking clause (iv) and inserting the following:
``(iv) compliance with the standard would prevent the manufacturer from selling, introducing, or delivering into interstate commerce a motor vehicle with an overall safety level at least equal to the safety level of nonexempt vehicles; or
``(v) the exemption would provide--
``(I) transportation access for individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), including nonvisual access for individuals who are blind or visually impaired; and
``(II)(aa) a safety level at least equal to the safety level of the standard from which the exemption is sought; or
``(bb) an overall safety level at least equal to the overall safety level of nonexempt vehicles.''; and
(3) by striking subsection (d) and inserting the following:
``(d) Eligibility.--
``(1) Substantial economic hardship.--A manufacturer is eligible for an exemption under subsection (b)(3)(B)(i)
(including an exemption relating to a bumper standard referred to in subsection (b)(1)) only if the Secretary determines that the total motor vehicle production of the manufacturer in the most recent year of production is not more than 10,000.
``(2) Safety equivalence.--
``(A) In general.--Except as provided in subparagraph (B), a manufacturer is eligible for an exemption under clause
(ii), (iii), (iv), or (v) of subsection (b)(3)(B) only if the Secretary determines that the exemption is for not more than 2,500 vehicles to be sold or otherwise introduced into interstate commerce in the United States during any 1-year period.
``(B) Highly automated vehicles.--
``(i) In general.--With respect to highly automated vehicles, a manufacturer is eligible for an exemption under clause (ii), (iii), (iv), or (v) of subsection (b)(3)(B) only if the Secretary determines that--
``(I) during the 1-year period beginning on the date of enactment of the Endless Frontier Act the number of new exemptions granted for that manufacturer is for not more than a total of 15,000 highly automated vehicles to be sold or otherwise introduced into interstate commerce in the United States;
``(II) during the 1-year period immediately following the period described in subclause (I), the number of new exemptions granted for that manufacturer is for not more than a total of 40,000 highly automated vehicles to be sold or otherwise introduced into interstate commerce in the United States; and
``(III) subject to clause (ii), during any 1-year period following the period described in subclause (II), the number of new exemptions granted for that manufacturer is for not more than a total of 80,000 highly automated vehicles to be sold or otherwise introduced into interstate commerce in the United States.
``(ii) Expansion.--A manufacturer of a highly automated vehicle may submit to the Secretary a petition to expand the limit on new exemptions under clause (i)(III) to allow exemptions for more than 80,000 highly automated vehicles during any 1-year period if a similar exemption has been in effect for that manufacturer for a period of not less than 4 years.'';
(4) in subsection (e)--
(A) by striking the second sentence and inserting the following:
``(2) Safety equivalence.--An exemption or renewal under clause (ii), (iii), (iv), or (v) of subsection (b)(3)(B) may be granted--
``(A) for not more than 2 years; or
``(B) if the motor vehicle is a highly automated vehicle, for not more than 5 years.''; and
(B) by striking the subsection designation and all that follows through ``An exemption'' in the first sentence and inserting the following:
``(e) Maximum Period.--
``(1) Substantial economic hardship.--An exemption''; and
(5) by adding at the end the following:
``(i) Process and Analysis.--
``(1) In general.--Not later than 180 days after the date of enactment of the Endless Frontier Act, the Secretary shall publish a notice in the Federal Register that describes the process and analysis used for the consideration of an application for an exemption or the renewal of an exemption under this section for a highly automated vehicle.
``(2) Periodic review and updating.--The Secretary shall--
``(A) review the notice under paragraph (1) by the date that is 5 years after the initial date of publication, and not less frequently than once every 5 years thereafter; and
``(B) update the notice if the Secretary determines that an update is necessary.''.
(e) Dual Use Vehicle Safety.--
(1) In general.--Section 30122(b) of title 49, United States Code, is amended--
(A) by striking ``A manufacturer'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a manufacturer''; and
(B) by adding at the end the following:
``(2) Exception.--
``(A) In general.--Paragraph (1) shall not apply in any case in which a manufacturer intentionally causes a steering wheel, brake pedal, accelerator pedal, gear shift, or any other device or element of design relating to the performance of the dynamic driving task by a human driver to be temporarily disabled during the time that a Level 4 or Level 5 automated driving system is engaged and performing the entire dynamic driving task.
``(B) Clarification.--Paragraph (1) shall apply at any time during which an automated driving system is not engaged.''.
(2) Rulemaking.--If the Secretary prescribes a regulation in accordance with section 30122(c) of title 49, United States Code, to exempt a manufacturer (as defined in section 30102(a) of that title) from the prohibition under paragraph
(1) of section 30122(b) of that title with respect to highly automated vehicles (as defined in section 30102(a) of that title), on the effective date of that regulation--
(A) the amendments to section 30122(b) of that title made by paragraph (1) shall terminate; and
(B) section 30122(b) of that title shall be in effect as if those amendments had not been enacted.
(3) Licensing.--A State may not issue a motor vehicle operator's license for the operation or use of a highly automated vehicle (as defined in section 30102(a) of title 49, United States Code) in a manner that discriminates on the basis of disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
______
SA 2019. Mr. THUNE (for himself and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division F, add the following:
SEC. 6302. REPORT ON COUNTRY-OF-ORIGIN LABELING FOR BEEF,
PORK, AND OTHER MEAT PRODUCTS.
Not later than one year after the date of the enactment of this Act, the United States Trade Representative and the Secretary of Agriculture shall jointly submit to the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives a report on the ruling issued by the World Trade Organization in 2015 on country-of-origin labeling for beef, pork, and other meat products that includes--
(1) an assessment of the impact of the ruling on--
(A) consumer awareness regarding the origin of meat consumed in the United States;
(B) agricultural producers in the United States, taking into consideration other marketplace dynamics;
(C) the security and resilience of the food supply in the United States; and
(D) the continuity of trade and the fulfillment of trade obligations under the North American Free Trade Agreement and the Agreement between the United States of America, the United Mexican States, and Canada; and
(2) if the assessment under paragraph (1) indicates that the ruling had a negative impact on consumers in the United States, agricultural producers in the United States, and the overall security and resilience of the food supply in the United States, recommendations for such legislative or administrative action as the Secretary of Agriculture considers appropriate--
(A) to better inform consumers in the United States;
(B) to support agricultural producers in the United States; and
(C) to improve the security and resilience of the food supply in the United States.
______
SA 2020. Mr. BOOKER submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title II of division C, insert the following:
SEC. 3219L. FRAMEWORK FOR DISTRIBUTION OF COVID-19 VACCINES
AROUND THE WORLD.
(a) In General.--Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter until the date that is one year after such date of enactment, the COVID-19 Task Force shall submit to the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate, and to the Committee Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives a report on the framework for the distribution around the world of COVID-19 vaccines produced in the United States.
(b) Content.--The reports submitted under subsection (a) shall include updates, as appropriate, on the following:
(1) The number of vaccines procured by the United States and distributed through COVAX or through other bilateral or multilateral agreements.
(2) The number of vaccines procured by the United States that the Federal Government has allocated for potential future distribution through COVAX or through other bilateral or multilateral agreements.
(3) A framework for how countries will be prioritized for the delivery of COVID-19 vaccines provided directly by the Federal Government.
(4) A review of deployments of health and diplomatic personnel overseas engaged in COVID-19 response efforts.
______
SA 2021. Mr. PORTMAN (for himself and Ms. Warren) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
On page 210, line 7, insert ``the Department of Veterans Affairs,'' before ``and any''.
______
SA 2022. Mr. PORTMAN (for himself and Ms. Warren) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
On page 227, between lines 10 and 11, insert the following:
(9) Department of veterans affairs.--As part of the Initiative, the Secretary of Veterans Affairs shall conduct and support research and development in engineering biology.
______
SA 2023. Mr. SASSE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in division B, insert the following:
SEC. ___. AUTHORIZATION OF APPROPRIATIONS FOR THE DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY.
(a) In General.--Notwithstanding any other provision of law, there is authorized to be appropriated for the Defense Advanced Research Projects Agency to conduct research and development in key technology focus areas $3,500,000,000 for each of fiscal years 2022 through 2026.
(b) Supplement, Not Supplant.--Any amount appropriated pursuant to the authorization in subsection (a) shall supplement and not supplant any amounts already appropriated for the Defense Advanced Research Projects Agency.
______
SA 2024. Mr. SASSE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title V of division B, add the following:
SEC. 2527. DELAY IN AVAILABILITY OF FUNDS UNTIL COMPLETION OF
IDENTIFICATION OF EMERGING AND FOUNDATIONAL
TECHNOLOGIES.
None of the funds authorized to be appropriated or otherwise made available by this division for the Secretary of Commerce may be obligated or expended until the Secretary--
(1) completes the identification of emerging and foundational technologies as required under section 1758(a) of the Export Control Reform Act of 2018 (50 U.S.C. 4817(a)); and
(2) issues proposed rules with respect to such technologies.
______
SA 2025. Mr. ROMNEY (for himself and Mr. Menendez) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. UNITED STATES GRAND STRATEGY WITH RESPECT TO
CHINA.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The United States is in a new era of geostrategic and geoeconomic competition with the People's Republic of China, a great power that seeks to challenge international norms, laws and institutions, and confront the United States across diplomatic, economic, military, technological, and informational domains.
(B) As it has during previous periods of great power competition, the United States must articulate and refine its grand strategy, including through rigorous testing of assumptions and by drawing on expertise outside the United States Government, to ensure its ultimate success, as well as global peace, stability, and shared prosperity.
(C) In January 1950, President Truman requested an in-depth report on the state of the world, actions taken by adversaries of the United States, and the development of a comprehensive national strategy, resulting in a paper entitled ``United States Objectives and Programs for National Security'', also known as NSC-68.
(D) President Eisenhower utilized experts from both within and outside the United States Government during Project Solarium to produce NSC 162/2, a ``Statement of Policy by the National Security Council on Basic National Security Policy'' in order to ``meet the Soviet Threat to U.S. security'' and guide United States national security policy.
(E) President Ford authorized the Team B project to draw in experts from outside the United States Government to question and strengthen the analysis of the Central Intelligence Agency.
(F) A model for United States strategy on a great power competitor is the January 17, 1983, National Security Decision Directive Number 75, approved by President Reagan, to organize United States strategy toward the Soviet Union in order to clarify and orient United States policies towards specific objectives vis a vis the Soviet Union.
(2) Sense of congress.--It is the sense of Congress that the United States should draw upon previous successful models of grand strategy to articulate a strategy that appropriately addresses the evolving challenges and contours of the new era of geostrategic and geoeconomic competition with the People's Republic of China.
(b) United States Grand Strategy With Respect to China.--
(1) In general.--Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United States with respect to the People's Republic of China
(in this section referred to as the ``China Strategy'') that builds on the work of such national security strategy.
(2) Submittal.--Not later than 270 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the President shall submit to Congress the China Strategy developed under paragraph (1).
(3) Form.--The China Strategy shall be submitted in classified form and shall include an unclassified summary.
(c) Contents.--The China Strategy developed under subsection (b) shall set forth the national security strategy of the United States with respect to the People's Republic of China and shall include a comprehensive description and discussion of the following:
(1) The worldwide interests, values, goals, and objectives of the United States as they relate to geostrategic and geoeconomic competition with the People's Republic of China.
(2) The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States as they relate to the new era of competition with the People's Republic of China.
(3) How the United States will exercise the political, economic, military, diplomatic, and other elements of its national power to protect or advance its interests and values and achieve the goals and objectives referred to in paragraph
(1).
(4) The adequacy of the capabilities of the United States Government to carry out the national security strategy of the United States within the context of new and emergent challenges to the international order posed by the People's Republic of China, including an evaluation--
(A) of the balance among the capabilities of all elements of national power of the United States; and
(B) the balance of all United States elements of national power in comparison to equivalent elements of national power of the People's Republic of China.
(5) The assumptions and end-state or end-states of the strategy of the United States globally and in the Indo-Pacific region with respect to the People's Republic of China.
(6) Such other information as the President considers necessary to help inform Congress on matters relating to the national security strategy of the United States with respect to the People's Republic of China.
(d) Advisory Board on United States Grand Strategy With Respect to China.--
(1) Establishment.--There is hereby established in the executive branch a commission to be known as the ``Advisory Board on United States Grand Strategy with respect to China''
(in this section referred to as the ``Board'').
(2) Purpose.--The purpose of the Board is to convene outside experts to advise the President on development of the China Strategy.
(3) Duties.--
(A) Review.--The Board shall review the current national security strategy of the United States with respect to the People's Republic of China, including assumptions, capabilities, strategy, and end-state or end-states.
(B) Assessment and recommendations.--The Board shall analyze the United States national security strategy with respect to the People's Republic of China, including challenging its assumptions and approach, and make recommendations to the President for the China Strategy.
(4) Composition.--
(A) Recommendations.--Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each provide to the President a list of at not fewer than 6 candidates for membership on the Board, at least 3 of whom shall be individuals in the private sector and 3 of whom shall be individuals in academia or employed by a nonprofit research institution.
(B) Membership.--The Board shall be composed of 8 members appointed by the President as follows:
(i) Four shall be selected from among individuals in the private sector.
(ii) Four shall be selected from among individuals in academia or employed by a nonprofit research institution.
(iii) Two members should be selected from among individuals included in the list submitted by the majority leader of the Senate under subparagraph (A), of whom--
(I) one should be selected from among individuals in the private sector; and
(II) one should be selected from among individuals in academia or employed by a nonprofit research institution.
(iv) Two members should be selected from among individuals included in the list submitted by the minority leader of the Senate under subparagraph (A), of whom--
(I) one should be selected from among individuals in the private sector; and
(II) one should be selected from among individuals in academia or employed by a nonprofit research institution.
(v) Two members should be selected from among individuals included in the list submitted by the Speaker of the House of Representatives under subparagraph (A), or whom--
(I) one should be selected from among individuals in the private sector; and
(II) one should be selected from among individuals in academia or employed by a nonprofit research institution.
(vi) Two members should be selected from among individuals included in the list submitted by the minority leader of the House of Representatives under subparagraph (A), of whom--
(I) one should be selected from among individuals in the private sector; and
(II) one should be selected from among individuals in academia or employed by a nonprofit research institution.
(C) Nongovernmental membership; period of appointment; vacancies.--
(i) Nongovernmental membership.--An individual appointed to the Board may not be an officer or employee of an instrumentality of government.
(ii) Period of appointment.--Members shall be appointed for the life of the Board.
(iii) Vacancies.--Any vacancy in the Board shall be filled in the same manner as the original appointment.
(5) Deadline for appointment.--Not later than 60 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 (50 U.S.C. 3043) after the date of the enactment of this Act, the President shall--
(A) appoint the members of the Board pursuant to paragraph
(4); and
(B) submit to Congress a list of the members so appointed.
(6) Experts and consultants.--The Board is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(7) Security clearances.--The appropriate Federal departments or agencies shall cooperate with the Board in expeditiously providing to the Board members and experts and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances.
(8) Receipt, handling, storage, and dissemination.--Information shall only be received, handled, stored, and disseminated by members of the Board and any experts and consultants consistent with all applicable statutes, regulations, and Executive orders.
(9) Nonapplicability of certain requirements.--The Federal Advisory Committee Act (5 U.S.C. App.) and section 552b of title 5, United States Code (commonly known as the
``Government in the Sunshine Act''), shall not apply to the Board.
(10) Uncompensated service.--Members of the Board shall serve without compensation.
(11) Cooperation from government.--In carrying out its duties, the Board shall receive the full and timely cooperation of the heads of relevant Federal departments and agencies in providing the Board with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
(12) Authorization of appropriations.--There are authorized to be appropriated to carry out this section $2,000,000 for the period of fiscal years 2022 and 2023.
(13) Termination.--The Board shall terminate on the date that is 60 days after the date on which the President submits the China Strategy to Congress under subsection (b)(2).
______
SA 2026. Ms. BALDWIN (for herself and Mr. Braun) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
In section 4111(5), strike ``concrete and other aggregates,''.
In section 4117, add at the end the following:
(c) Limitation With Respect to Certain Aggregates.--In this part--
(1) the term ``construction materials'' shall not include cement and cementitious materials and aggregates such as stone, sand, or gravel; and
(2) the standards developed under section 4115(b)(1) shall not include cement and cementitious materials and aggregates such as stone, sand, or gravel as inputs of the construction material.
______
SA 2027. Ms. BALDWIN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
Strike 2510 of division B and insert the following:
SEC. 2510. COUNTRY OF ORIGIN LABELING ONLINE ACT.
(a) Mandatory Origin and Location Disclosure for Products Offered for Sale on the Internet.--
(1) In general.--
(A) Disclosure.--It shall be unlawful for a product that is required to be marked under section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) or its implementing regulations to be introduced, sold, advertised, or offered for sale in commerce on an internet website unless the internet website description of the product--
(i)(I) indicates in a conspicuous place the country of origin of the product (or, in the case of multi-sourced products, countries of origin), in a manner consistent with the regulations prescribed under section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) and the country of origin marking regulations administered by U.S. Customs and Border Protection; and
(II) includes, in the case of--
(aa) a new passenger motor vehicle (as defined in section 32304 of title 49, United States Code), the country of origin disclosure required by such section;
(bb) a textile fiber product (as defined in section 2 of the Textile Fiber Products Identification Act (15 U.S.C. 70b)), the country of origin disclosure required by such Act;
(cc) a wool product (as defined in section 2 of the Wool Products Labeling Act of 1939 (15 U.S.C. 68)), the country of origin disclosure required by such Act;
(dd) a fur product (as defined in section 2 of the Fur Products Labeling Act (15 U.S.C. 69)), the country of origin disclosure required by such Act; and
(ee) a covered commodity (as defined in section 281 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638)), the country of origin information required by section 282 of such Act (7 U.S.C. 1638a); and
(ii) indicates in a conspicuous place the country in which the seller of the product is located (and, if applicable, the country in which any parent corporation of such seller is located).
(B) Additional requirement.--The disclosure of a product's country of origin required pursuant to subparagraph (A)(i) shall not be made in such a manner as to represent to a consumer that the product is in whole, or part, of United States origin, unless such disclosure is consistent with section 5 of the Federal Trade Commission Act (15 U.S.C. 45(a)) and any regulations promulgated by the Commission pursuant to section 320933 of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. 45a), provided that no other Federal statute or regulation applies.
(C) Limitation.--The provisions of this paragraph shall not apply to a pharmaceutical product subject to the jurisdiction of the Food and Drug Administration.
(2) Certain drug products.--It shall be unlawful for a drug that is not subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is required to be marked under section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) to be offered for sale in commerce to consumers on an internet website unless the internet website description of the drug indicates in a conspicuous place the name and place of business of the manufacturer, packer, or distributor that is required to appear on the label of the drug in accordance with section 502(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(b)).
(3) Obligation to provide.--A manufacturer, importer, distributor, seller, supplier, or private labeler seeking to have a product introduced, sold, advertised, or offered for sale in commerce shall provide the information identified in clauses (i) and (ii) of paragraph (1)(A) or paragraph (2), as applicable, to the relevant retailer or internet website marketplace.
(4) Safe harbor.--A retailer or internet website marketplace satisfies the disclosure requirements under subparagraphs (i) and (ii) of paragraph (1)(A) or paragraph
(2), as applicable, if the disclosure required under such clauses or paragraph (2), as applicable, includes the country of origin and seller information provided by a third-party manufacturer, importer, distributor, seller, supplier, or private labeler of the product.
(b) Prohibition on False and Misleading Representation of United States Origin on Products.--
(1) Unlawful activity.--Notwithstanding any other provision of law, and except as provided for in paragraph (2), it shall be unlawful to make any false or deceptive representation that a product or its parts or processing are of United States origin in any labeling, advertising, or other promotional materials, or any other form of marketing, including marketing through digital or electronic means in the United States.
(2) Deceptive representation.--For purposes of paragraph
(1), a representation that a product is in whole, or in part, of United States origin is deceptive if, at the time the representation is made, such claim is not consistent with section 5 of the Federal Trade Commission Act (15 U.S.C. 45(a)) and any regulations promulgated by the Commission pursuant to section 320933 of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. 45a), provided that no other Federal statute or regulation applies.
(3) Limitation of liability.--A retailer or internet website marketplace is not in violation of this subsection if a third-party manufacturer, distributor, seller, supplier, or private labeler provided the retailer or internet website marketplace with a false or deceptive representation as to the country of origin of a product or its parts or processing.
(c) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of subsection (a) or (b) shall be treated as a violation of a rule prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person that violates subsection (a) or (b) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) as though all applicable terms and provisions of that Act were incorporated and made part of this section.
(C) Authority preserved.--Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.
(3) Interagency agreement.--Not later than 6 months after the date of enactment of this division, the Commission, the U.S. Customs and Border Protection, and the Department of Agriculture shall--
(A) enter into a Memorandum of Understanding or other appropriate agreement for the purpose of providing consistent implementation of this section; and
(B) publish such agreement to provide public guidance.
(4) Definition of commission.--In this subsection, the term
``Commission'' means the Federal Trade Commission.
(d) Effective Date.--This section shall take effect 12 months after the date of the publication of the Memorandum of Understanding or agreement under subsection (c)(3).
______
SA 2028. Mr. JOHNSON (for himself, Mr. Risch, Mr. Barrasso, Mr. Cruz, and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. AGREEMENTS RELATED TO NUCLEAR PROGRAM OF IRAN DEEMED
TREATIES SUBJECT TO ADVICE AND CONSENT OF THE
SENATE.
(a) Treaty Subject to Advice and Consent of the Senate.--Notwithstanding any other provision of law, any agreement reached by the President with Iran relating to the nuclear program of Iran is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States requiring that the treaty is subject to the advice and consent of the Senate, with two-thirds of Senators concurring.
(b) Limitation on Sanctions Relief.--Notwithstanding any other provision of law, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions under any other provision of law or refrain from applying any such sanctions pursuant to an agreement related to the nuclear program of Iran that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or otherwise, and regardless of whether it is legally binding or not, including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future, unless the agreement is subject to the advice and consent of the Senate as a treaty and receives the concurrence of two-thirds of Senators.
______
SA 2029. Mr. SULLIVAN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title I of division E, add the following:
SEC. 5105. SENSE OF CONGRESS REGARDING CORPORATE AND
FINANCIAL DEALINGS BY AMERICANS WITH THE
CHINESE COMMUNIST PARTY.
(a) In General.--It is the sense of Congress that United States corporate, business, university, and financial entities, organizations, and their senior executives, all of which benefit from United States capital markets and the protection of our Nation's laws and military--
(1) should not engage in any activity, in the course of their dealings with the People's Republic of China, that would harm the United States or its allies, after considering the long term ethical, fiduciary, and competitiveness implications of such activity;
(2) should not enter into trades of sensitive technology or products, transfers of intellectual property, or monetary investment (whether directly or indirectly) with the Chinese Communist Party, entities owned or controlled by the Chinese Communist Party, the People's Liberation Army, or for the benefit of any key industrial sector supported by the Chinese Communist Party if such dealings would--
(A) allow the Chinese Communist Party or People's Liberation Army to gain a comparative military advantage or advantage in the global economy;
(B) allow the Chinese Communist Party to stifle human freedom or perfect its technologically enabled police state at home and abroad;
(C) negatively impact the United States' competitiveness and national security; or
(D) would be counter to the objectives of this Act.
(b) Key Industrial Sectors.--Examples of key industrial sectors referred to in subsection (a) are--
(1) information technology;
(2) artificial intelligence;
(3) the internet of things;
(4) smart appliances;
(5) robotics;
(6) machine learning;
(7) energy;
(8) aerospace engineering;
(9) ocean engineering;
(10) railway equipment;
(11) power equipment;
(12) new materials;
(13) pharmaceuticals;
(14) biomedicine;
(15) medical devices; and
(16) agricultural machinery.
______
SA 2030. Mr. SULLIVAN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title IV of division D, insert the following:
SEC. ____. ENCOURAGING DOMESTIC UNMANNED AIRCRAFT SYSTEM
INDUSTRY TO PARTNER AND COLLABORATE WITH UNITED
STATES MANUFACTURERS OF CERTAIN SAFETY
ACCESSORIES.
(a) Covered Safety Accessories.--For purposes of this section, a covered safety accessory is a parachute recovery system that--
(1) is designed and manufactured in the United States; and
(2) the technology of which has been determined to be compliant with ASTM F3322-18.
(b) Encouragement.--Congress encourages the domestic unmanned aircraft system industry to partner and collaborate with United States persons who design and manufacture covered safety accessories to ensure interoperability between domestic products through investment in research and development.
On page 1217, between lines 4 and 5, insert the following:
(4) the ability of the unmanned aircraft system domestic market to partner and collaborate with United States persons who design and manufacture in the United States parachute recovery systems that use technology that has been determined as being compliant with ASTM F3322-18;
______
SA 2031. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 1703 submitted by Ms. Klobuchar (for herself, Mrs. Capito, Ms. Cortez Masto, and Mr. Sullivan) and intended to be proposed to the amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
On page 5, after line 10, add the following:
(e) GAO Reviews.--
(1) Report to committees.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that analyzes, for the 20-year period preceding the date of enactment of this Act--
(A) the total amount spent by the Federal Government regarding the deployment of broadband, without regard to whether the source of that funding was appropriated amounts, user-generated fees, or any other source; and
(B) the total amount spent by State and local governments regarding the deployment of broadband, without regard to whether the source of that funding was appropriated amounts, user-generated fees, or any other source.
(2) Annual analysis.--
(A) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States shall conduct a review of, for the year covered by the review--
(i) the total amount spent by the Federal Government, and State and local governments, regarding the deployment of broadband, without regard to whether the source of that funding was appropriated amounts, user-generated fees, or any other source;
(ii) the return on investment with respect to the investment described in clause (i); and
(iii) which Federal programs and agencies have engaged in activities regarding the deployment of broadband.
(B) Public availability.--The Comptroller General of the United States shall make the results of each review conducted under subparagraph (A) publicly available in an easily accessible electronic format.
______
SA 2032. Mrs. BLACKBURN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 341, strike line 22 and all that follows through page 342, line 19, and insert the following:
(l) Determination Related to Optical Fiber.--
(1) Proceeding.--Not later than 45 days after the date of enactment of this division, the Secretary of Commerce shall commence a process to make a determination for purposes of section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) whether future transactions involving optical fiber manufactured, produced, or distributed by an entity owned, controlled, or supported by the People's Republic of China would pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.
(2) Communication of determination.--If the Secretary determines pursuant to paragraph (1) that future transactions involving such optical fiber would pose an unacceptable risk consistent with that paragraph, the Secretary shall immediately transmit that determination to the Federal Communications Commission consistent with section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601).
______
SA 2033. Ms. KLOBUCHAR (for herself, Mrs. Capito, Mr. Sullivan, and Ms. Cortez Masto) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ASSESSMENT AND ANALYSIS REGARDING THE EFFECT OF THE
DIGITAL ECONOMY ON THE ECONOMY OF THE UNITED
STATES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Environment and Public Works of the Senate;
(C) the Committee on Small Business and Entrepreneurship of the Senate;
(D) the Committee on Energy and Commerce of the House of Representatives;
(E) the Committee on Transportation and Infrastructure of the House of Representatives; and
(F) the Committee on Small Business of the House of Representatives.
(2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information.
(3) Broadband.--The term ``broadband'' means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, or graphics, or a combination of those items.
(4) Digital economy.--The term ``digital economy''--
(A) has the meaning given the term by the Bureau of Economic Analysis of the Department of Commerce; and
(B) includes--
(i) the basic physical materials and organizational arrangements that support the existence and use of computer networks, primarily information and communications technology goods and services;
(ii) the remote sale of goods and services over computer networks; and
(iii) services relating to computing and communication that are performed for a fee charged to a consumer.
(5) Digital media.--The term ``digital media'' means the content that participants in e-commerce create and access.
(6) E-commerce.--The term ``e-commerce'' means the digital transactions that take place using the infrastructure described in paragraph (4)(B)(i).
(7) Secretary.--The term ``Secretary'' means the Secretary of Commerce.
(b) Biennial Assessment and Analysis Required.--Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Secretary, in consultation with the Director of the Bureau of Economic Analysis of the Department of Commerce and the Assistant Secretary, shall conduct an assessment and analysis regarding the contribution of the digital economy to the economy of the United States.
(c) Considerations and Consultation.--In conducting each assessment and analysis required under subsection (b), the Secretary shall--
(1) consider the impact of--
(A) the deployment and adoption of--
(i) digital-enabling infrastructure; and
(ii) broadband;
(B) e-commerce and platform-enabled peer-to-peer commerce; and
(C) the production and consumption of digital media, including free media; and
(2) consult with--
(A) the heads of any agencies and offices of the Federal Government as the Secretary considers appropriate, including the Secretary of Agriculture, the Commissioner of the Bureau of Labor Statistics, the Administrator of the Small Business Administration, and the Federal Communications Commission;
(B) representatives of the business community, including rural and urban internet service providers and telecommunications infrastructure providers;
(C) representatives from State, local, and tribal government agencies; and
(D) representatives from consumer and community organizations.
(d) Report.--The Secretary shall submit to the appropriate committees of Congress a report regarding the findings of the Secretary with respect to each assessment and analysis conducted under subsection (b).
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