Senate Commerce Committee, “Executive Session”

May 12, 2021

The Senate Commerce, Science, and Transportation Committee held an executive session to consider the below measures and nominations. Please see the full hearing here. Chair Maria Cantwell (D-WA) and Ranking Member Roger Wicker (R-MS) presided. 

Agenda:

1. S.82, Ensuring Health Safety in the Skies Act; Sponsors: Sens. Edward Markey (D-MA), Roger Wicker (R-MS), Richard Blumenthal (D-CT)
2. S.116, COVID-19 Home Safety Act; Sponsors: Sens. Amy Klobuchar (D-MN), Jerry Moran (R-KS)
3. S.140, Blue Globe Act; Sponsors: Sens. Sheldon Whitehouse (D-RI), Lisa Murkowski (R-AK)
4. S.316, Fly Safe and Healthy Act; Sponsors: Sens. Maria Cantwell (D-WA), Rick Scott (R-FL)
5. S.497, American Fisheries Advisory Committee Act; Sponsors: Sens. Dan Sullivan (R-AK), Maria Cantwell (D-WA)
6. S.516, Advanced Air Mobility Coordination and Leadership Act; Sponsors: Sens. Jerry Moran (R-KS), Kyrsten Sinema (D-AZ)
7. S.1037, Manufacturing Hub Website; Sponsors: Sens. Gary Peters (D-MI), Todd Young (R-IN)
8. S.1106, Shark Fin Sales Elimination Act; Sponsors: Sens. Cory Booker (D-NJ), Shelley Moore Capito (R-WV)
9. S.1260, Endless Frontier Act; Sponsors: Sens. Chuck Schumer (D-NY), Todd Young (R-IN)
10. S.1289, Prescott/Marine Mammal; Sponsors: Sens. Maria Cantwell (D-WA), Lisa Murkowski (R-AK)
11. Nomination of Leslie B. Kiernan, of Maryland, to be General Counsel of the Department of Commerce (PN248)
12. Nomination of Lina M. Khan, of New York, to be Commissioner of the Federal Trade Commission (PN254)

Endless Frontier Act – Reported favorably to the Senate Floor by a vote of 24-4.

Wicker noted his and Cantwell’s substitute improves the Endless Frontier Act by preserving the core basic research mission of the NSF: basic research. Sen. Todd Young (R-IN) said the CCP is working hard to use the crisis to its advantage by extending its influence over the world’s economy. He said now is the time for Congress to constrain its parochial interests and invest in the U.S. and give an alternative to China. He noted there is potential to improve upon the Endless Frontier Act once it is on the floor.

• • Amendment Scott #2: Sen. Rick Scott (R-FL) said his amendment is about fairness and making sure that all states are treated equally.
    • Support: Sen. Cynthia Lummis (R-WY) said this would allow her state to participate very little in this bill. Wicker agreed with Lummis, saying the amendment goes a bit too far.

 

• Not passed by roll call vote of 4-24.

 

• • Amendment Scott #3: Sen. Scott said the spending of the American Rescue Plan is extremely wasteful and is causing a significant rise in inflation. He said states are receiving bailout money that have huge budget surpluses.  This amendment would fund the Endless Frontier Act by using unobligated funding in the American Rescue Plan. 
    • Support: Wicker said this is a good amendment and makes a lot of sense to fund the bill rather than paying for it with debt from China. Sen. Ron Johnson (R-WI) said he would support this amendment because a lot of money that has been allocated is completely unnecessary, and that funding could go towards this bill. 
    • Oppose: Cantwell opposed the amendment because much of the money has not yet been distributed, and she did not want to take away from something like broadband. 
    • Sen. Todd Young (R-IN) and Sen. Ted Cruz (R-TX) both requested to be made co-sponsors and were without objection.

 

• Not passed by roll call vote of 14-14.

 

• • Amendment Peters #1: Sen. Gary Peters (D-MI) said the chip shortage has caused layoffs, and a solution that does not ensure the success of industries like the automotive industry is not a success at all. He said his amendment makes a commonsense addition to the CHIPS Act to create an additional incentive to support mature semi-conductor technology production. Peters said this amendment is not strictly for the automotive industry but for all manufacturers.  Peters said military vehicles use these chips and this amendment is about national security.
    • Support: Cantwell said there will be a huge debate in the senate on adding $50 billion to chip fabrication in the U.S., most of it directing the Secretary of Commerce to spend this funding. Cantwell said she supports this amendment and the concept.
    • Oppose: Young said he cannot support this amendment because it includes wage restrictions which creates difficulty for many on his side of the isle. Wicker agreed and hoped the committee can come to an agreement before the CHIPS Act goes to the floor of the senate. Wicker said this amendment needs to be voted down and saved for another day. Sen. Dan Sullivan (R-AK) said there are some concerns on what the impacts of this amendment would be on the defense industrial base, so he would not support this amendment as currently written. Sen. Deb Fischer (R-NE) said this amendment favors mature technology nodes, which is important for the automotive industry, but it also puts a thumb on the scale. Fischer said she wants to see the neutral language that was in the bill to begin with to stay in the bill.
    • Sen. Jerry Moran (R-KS) said he learned about this amendment yesterday and takes his responsibility as ranking member of the Appropriations subcommittee that would appropriate this funding seriously.  Moran said he is all for this committee taking its jurisdiction back on this issue.
    • Sen. Raphael Warnock (D-GA) said he would like to associate himself with the comments from Sen. Peters and asked to be listed as a co-sponsor.

 

• Passed by roll call vote of 15-13.

 

• • Amendment Wicker #2: Wicker said this amendment requires the FCC and NTC to update their MOU that governs their joint spectrum management responsibilities. Wicker noted Secretary Raimondo said it would be appropriate for this to be reviewed and consider updating it. Ranking Member Wicker said the spectrum is out there and it needs to be utilized and the MOU is eight years old and is not sufficient to resolve the current issues.
    • Oppose: Cantwell said she is not sure this current language is the appropriate language, but she shares the concerns of Ranking Member Wicker. Cantwell said if this committee is going to work collaboratively on spectrum policy, there is going to need to be a framework where scientists in the agencies can come to agreement on. Sen. Ben Ray Luján (D-NM) said he agrees with the chairwoman and commits to working with the committee to address the shortcomings of spectrum policy.
    • Support: Sen. John Thune (R-SD) said he supports this amendment because spectrum is the lifeblood of communications in this country and the proper management is not in place.

 

• Not passed by roll call vote of 14-14.

 

• • Amendment Schatz #3: Sen. Brian Schatz (D-HI) said this ban on shark fin sales is needed because the sharks are in serious decline, and it is estimated that as many as 70 million sharks end up the in the shark trade for shark fin soup. Schatz said this belongs in the Endless Frontier Act because this addresses competition with China, who is the biggest driver of demand for shark fins.  Schatz said this ban would remove the U.S. contributions of shark fins from the global market and put the U.S. in a stronger position to advocate for the banning of shark fins across the country.
    • Sen. Shelly Moore-Capito (R-WV) said there is some opposition, but this is an appropriate vehicle because of the nexus of shark fins in China. She said up to 25% of shark species are endangered because of this practice of removing the fins of sharks.
    • Amendment Scott #1: Sen. Scott introduced Amendment Scott #1 which is an amendment to Schatz #3. Scott said the Schatz #3 amendment would hurt many fishermen in Florida and throughout the nation. He said his amendment would solve the problem by creating a shark conservation trade fairness certification for nations wishing to import their shark products to the U.S. and ban the import of shark products without this certification.
      • Schatz said this amendment would put shark fins would be under the NOAA certification program and NOAA would have to certify that foreign countries are certified and following these rules which is why a clean ban on shark fins is the only way to do this.
      • Sullivan asked if shark finning already illegal in the U.S. Schatz said selling shark fins is not illegal. Cruz asked if it is the intent of the amendment to stop the fishing of sharks. Schatz said you can still sell the shark meat, but you cannot sell the shark fin. Cruz said if the practice of finning sharks is all that is being banned, then this would probably pass no problem, and it seems odd that the fisher cannot sell part of the fish they caught. Cantwell said the certification process in the Scott amendment would be very difficult, and she does not support the amendment.

 

• Scott #1 not passed by roll call vote of 6-22.

• Schatz #3 passed by roll call vote of 22-6.

 

• • Amendment Thune #3: Thune said this amendment seeks to advance the testing and deployment of AVs under an existing framework under NHTSA. He said with this amendment, these vehicles will not touch pavement without NHTSA’s approval. China is acting boldly to take the lead in AV technology, which is why the U.S. must work hard to lead the world. He would not have this voted on until he could find a way to work with someone on the other side of the isle to get this out of committee. Thune withdrew the amendment.
    • Sen. Richard Blumenthal (D-CT) said he would be more than happy to work on this piece of legislation, and he is concerned about the large and open-ended liability exemptions in this bill.

 

• Withdrawn. 

 

• • Amendment Baldwin #1: Sen. Tammy Baldwin (D-WI) said this amendment requires country of origin labels to be disclosed for products being sold on the internet. She said this requires no further labeling but just requires the information on where the product was produced. 
    • Oppose: Wicker said he would vote no on this amendment because it only applies to online products being sold and it would also likely lead to unnecessary burden on businesses. Wicker said he wants to work with members of the committee to get this bill done. Wicker said there are many American retailers that are not sure how they can comply with this. Sullivan said he has a similar concern with Wicker on the seafood portion of this bill, and there would be several members of the committee that would be interested in working on this. Scott said he would have to vote no on this.
    • Support: Sen. Amy Klobuchar (D-MN) said she agreed with the comments of Baldwin and would support this amendment. Sen. Ed Markey (D-MA) said this amendment is a nation-wide effort to help the U.S. counter China and is the kind of amendment that is very fitting for the topic and legislation today. Sen. Jon Tester (D-MT) did not believe that this would be close. Tester said this is an opportunity to allow consumers to know where their products are coming from and ultimately increase the number of products manufactured in the U.S. Fischer said she is sorry that the committee cannot get this across the line and hopes that this can be solved within the committee. Young said he would support this amendment because Sen. Baldwin’s explanation makes sense.
    • Sullivan said he offered an amendment to include cooked king crab and tanner crab to the amendment. Cantwell said she supports the amendment. Baldwin said in an act of goodwill, she will accept this amendment on the fact that she finds no issues in her research on cooked king crab and tanner crab.

 

• Sullivan #1 passed by voice vote. 

• Baldwin #1 passed by voice vote.

 

• • Amendment Cruz #1: Cruz said his first amendment is modeled after the Wolfe amendment and would adopt the same framework in respect the nuclear cooperation.
    • Oppose: Cantwell said the amendment is too narrow and unduly limits the President’s ability to work with China. 
    • Support: Sen. Marsha Blackburn (R-TN) said this amendment would give the U.S. a basis to pin to and send a message to the CCP that the U.S. will not tolerate the stealing of IP.

 

• Passed by voice vote. 

 

• • Amendment Sullivan #2: Sullivan said many Americans believe there is an inherent bias on campuses across the country, which makes the nation weaker and should not be funded by the federal government.  Sullivan said this body has conditioned funding to universities when they lost their way before. His amendment does not condition federal funds but requires universities to submit reports to congress and education on how they are promoting freedom of speech. 
    • Cantwell said one thing the U.S. needs to do is patent the technology that U.S. universities are creating, and she is proud that the U.S. continues to attract the top talent around the globe. Wicker said all this bill is doing is requiring a report, and this could be as little as a letter. Wicker said some of the language in this amendment mirrors language already in the bill. Cantwell said they can work this out on the floor and if not, she would ensure a simple majority threshold.

 

• Withdrawn. 

 

• • Amendment Baldwin #2: Baldwin said this amendment defines the word apprentice and ensures apprenticeship programs meet current standards. Baldwin said the language is in line with current regulation and matches a current definition of apprenticeship.
    • Oppose: Wicker opposed the amendment as it would define apprenticeship in a way that would exclude many of them from being covered under the bill.

 

• Passed by roll call vote of 15-13.

 

• • Amendment Sullivan #8 and #10: Sullivan said #8 will bolster innovative workforce development programs that support minorities going into STEM fields, and #10 will further support universities that represent a significant portion of minority students that might not meet the definition of a minority serving institution. 

 

• Sullivan #8 and Sullivan-Schatz #10 passed by voice vote.

 

• • Amendment Luján #5: Luján said the amendment ensures the Endless Frontier Act supports the entire U.S. innovative ecosystem and clarifies coordination with the Department of Energy and authorizes funding the continue to expand the S&T directorate in quantum computing and artificial intelligence. Luján said the initial list of topics are extremely important and were authored by the senator from Indiana. Luján said the federal government should be looking to make the largest advances as possible. Luján said this amendment has been modified and agreed upon between himself and Wicker. 
    • Oppose: Young asked if he could see the amendment language because the amendment is still being written.  He opposed it due to jurisdictional issues, saying it gut the tech directorate. Young said when the time comes, he will request a roll call vote that he regards as a poison pill. Young said if the path forward on this goes straight through the heart of the tech directorate, it will be a dead end. Young said he would observe that so much emphasis has been placed today on about the committee prerogatives. Young said the one committee’s prerogatives that are not protected is the energy and natural resources that oversees the Department of Energy. Young said the people of Indiana will benefit from the Endless Frontier Act, but those same people want to do was it right for America. Young said the national labs currently receive $12.7 billion annually, and only about $5 billion of these funds spent on non-weapons research.
    • Support: Blackburn was in favor of this amendment.  Blackburn said she does not view the R&D in these sciences at national labs as a poison pill. Blackburn said the world’s fasted computer is located in Tennessee and played a significant role in finding a vaccine for COVID-19.  Blackburn said the U.S. wants to do more of this type of scientific research, and it will require the advancement of science and technology in U.S. national labs. Cantwell said this committee is here to discuss the bill and show the international community that the U.S. in united. Cantwell said the U.S. has a very distributed energy R&D system, as well as healthcare, manufacturing, and others that have led to great discoveries in competition.  Cantwell said the Endless Frontier Act has put the important idea on the table that the U.S. must accelerate its technology development.  Cantwell said there is real technological developments going on around the globe that will compete with the U.S.  Cantwell said she is not fearful of a new tech directorate and that this new directorate will advance innovation greatly.
    • Sullivan said one U.S.’s great comparative advantages is energy in terms of producing oil, natural gas, and renewables. Sullivan said the energy component of competing against China is enormous.  Sullivan said the U.S. should take advantage of the fact that China fears us being the world leader in energy.

 

• Passed by roll call vote of 23-5.

 

• • Amendment Lee #1: Sen. Mike Lee (R-UT) said the U.S. should ensure it does not test and destroy human embryos, and the Endless Frontier Act does not provide these protections. Lee said many Americans do not support experimenting on human life, but this amendment would require that no research funded through the Endless Frontier Act can be used on aborted embryo.
    • Oppose: Cantwell said she opposes this amendment.

 

• Not passed by roll call vote of 14-14.

 

• • Amendment Lee #48: Lee said the Endless Frontier Act says that peer review may be used, which leaves the option of alternatives methods. Lee said this amendment would change several “may use” to “shall use” when referring to peer reviews. Lee said the bill does already include provisions to protect minorities in receiving funding.
    • Oppose: Cantwell opposes it because it removes flexibility to award grants and is not as inclusive. She said she would be happy to continue working on this because the peer reviewed system does often limit women and minorities from receiving grant funding.

 

• Not passed by roll call vote of 6-22.

 

• • Amendment Lee #21: Lee said the length of the NEPA process is very long and costly. This amendment would make reforms to projects funded by this bill by relaxing some requirements to complete projects and put a shot clock on the process. Lee said this amendment would encourage many more projects and is critical to competing with China.
    • Oppose: Cantwell said she opposes this amendment.

 

• Not passed by roll call vote of 14-14.

 

• • Amendment Lee #24: Lee said Congress should allow for programs other than universities for post-secondary education. This amendment would allow states to create alternative accreditation systems for post-secondary education and gives states flexibility to develop short term education programs.  Lee said if the U.S. is going to compete with China, it needs an education system that is up to the task.
    • Oppose: Cantwell said she opposes this amendment because the underlying bill provides scholarships for key programs and this amendment would eliminate that funding.

 

• Not passed by roll call vote of 6-22.

 

• • Amendment Lee #2: Lee said this amendment would create a transparency and accountability taskforce to coordinate and conduct oversight from covered funds to prevent fraud and abuse and overseen by the OMB director. The taskforce would not require any additional funding; there would be monthly, quarterly, and annually reports. The task force must make all contracts public and has the power to issue subpoenas and conduct audits and investigations.
    • Oppose: Cantwell said the taskforce would be duplicative of what the inspector general’s office is supposed to do and would not support this amendment.

 

• Not passed by roll call vote of 14-14.

• Amendment Scott #6: Not passed by roll call vote of 7-21.

 

• • Amendment Scott #7: Not passed by roll call vote of 6-22.
  • Amendment Scott #10: Not passed by roll call vote of 5-23.

 

• Amendment Scott #11: 

 

• • • Young asked if this would establish a committee. Scott said this would establish a committee from various agencies to study the origins of COVID-19. 
    • Oppose: Cantwell said she is opposing this because this is taking money away from the tech directorate. 
    • Support: Cruz said he is in support of this amendment. There are two virology labs run by China in Wuhan where the virus started.  Cruz said the closest place these viruses occur naturally is in caves 900 miles away, and there are lots of questions as to where this virus came from.  Cruz said there is no hard evidence the virus escaped from the labs, but it seems to be the most likely due to circumstantial evidence. The American people want to know the origin of COVID-19. Wicker agreed with Cruz. 
    • Young said he would associate himself with Wicker but believes this is outside the committee of jurisdiction.  Young said he would oppose this amendment.
    • Not passed by roll call vote of 13-15.
  • Amendment Scott #13: Scott said this amendment would state that partnerships with the those who participate in forced labor are to be prohibited.
    • Blackburn asked to be added as a co-sponsor.
    • Passed by voice vote.
  • Amendment Cruz #10: Cruz said this amendment focuses on Confucius Institutes funded by the Chinese Government and have engaged in espionage. It puts a ban on funding for hosts of these institutes; requires transparency in program participation; and requires schools to disclose financial transactions with the Chinese government. 
    • Oppose: Cantwell was against the amendment because it would broadly negatively affect universities and their partnerships.
    • Support: Blackburn said the intent of this amendment is important because China says the institutes take part in espionage. Blackburn said these are not her words but their words.

 

• Passed by voice vote.