The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“Text of Senate Amendment 5158” mentioning the U.S. Dept. of Commerce was published in the in the Senate section section on pages S3642-S3643 on July 25.
The Department includes the Census Bureau, which is used to determine many factors about American life. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the Department is involved in misguided foreign trade policies and is home to many unneeded programs.
The publication is reproduced in full below:
SA 5158. Mr. PORTMAN submitted an amendment intended to be proposed by him to the bill H.R. 4346, making appropriations for Legislative Branch for the fiscal year ending September 30, 2022, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--SAFEGUARDING AMERICAN INNOVATION
SEC. __. SHORT TITLE.
This title may be cited as the ``Safeguarding American Innovation Act''.
SEC. __. FEDERAL GRANT APPLICATION FRAUD.
(a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 1041. Federal grant application fraud
``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the meaning given the term `agency' in section 551 of title 5, United States Code.
``(2) Federal grant.--The term `Federal grant'--
``(A) means a grant awarded by a Federal agency;
``(B) includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program; and
``(C) does not include--
``(i) direct United States Government cash assistance to an individual;
``(ii) a subsidy;
``(iii) a loan;
``(iv) a loan guarantee; or
``(v) insurance.
``(3) Federal grant application.--The term `Federal grant application' means an application for a Federal grant.
``(4) Foreign compensation.--The term `foreign compensation' means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from--
``(A) a foreign government;
``(B) a foreign government institution; or
``(C) a foreign public enterprise.
``(5) Foreign government.--The term `foreign government' includes a person acting or purporting to act on behalf of--
``(A) a faction, party, department, agency, bureau, subnational administrative entity, or military of a foreign country; or
``(B) a foreign government or a person purporting to act as a foreign government, regardless of whether the United States recognizes the government.
``(6) Foreign government institution.--The term `foreign government institution' means a foreign entity owned by, subject to the control of, or subject to regulation by a foreign government.
``(7) Foreign public enterprise.--The term `foreign public enterprise' means an enterprise over which a foreign government directly or indirectly exercises a dominant influence.
``(8) Law enforcement agency.--The term `law enforcement agency'--
``(A) means a Federal, State, local, or Tribal law enforcement agency; and
``(B) includes--
``(i) the Office of Inspector General of an establishment
(as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)) or a designated Federal entity (as defined in section 8G(a) of the Inspector General Act of 1978
(5 U.S.C. App.)); and
``(ii) the Office of Inspector General, or similar office, of a State or unit of local government.
``(9) Outside compensation.--The term `outside compensation' means any compensation, resource, or support
(regardless of monetary value) made available to the applicant in support of, or related to, any research endeavor, including a title, research grant, cooperative agreement, contract, institutional award, access to a laboratory, or other resource, including materials, travel compensation, or work incentives.
``(b) Prohibition.--It shall be unlawful for any individual to knowingly--
``(1) prepare or submit a Federal grant application that fails to disclose the receipt of any outside compensation, including foreign compensation, by the individual, the value of which is $1,000 or more;
``(2) forge, counterfeit, or otherwise falsify a document for the purpose of obtaining a Federal grant; or
``(3) prepare, submit, or assist in the preparation or submission of a Federal grant application or document in connection with a Federal grant application that--
``(A) contains a material false statement;
``(B) contains a material misrepresentation; or
``(C) fails to disclose a material fact.
``(c) Exception.--Subsection (b) does not apply to an activity--
``(1) carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of--
``(A) a law enforcement agency; or
``(B) a Federal intelligence agency; or
``(2) authorized under chapter 224.
``(d) Penalty.--Any individual who violates subsection
(b)--
``(1) shall be fined in accordance with this title, imprisoned for not more than 5 years, or both, in accordance with the level of severity of that individual's violation of subsection (b); and
``(2) shall be prohibited from receiving a Federal grant during the 5-year period beginning on the date on which a sentence is imposed on the individual under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following:
``1041. Federal grant application fraud.''.
SEC. __. RESTRICTING THE ACQUISITION OF EMERGING TECHNOLOGIES
BY CERTAIN ALIENS.
(a) Grounds of Visa Sanctions.--The Secretary of State may impose the sanctions described in subsection (c) if the Secretary determines an alien is seeking to enter the United States to knowingly acquire sensitive or emerging technologies to undermine national security interests of the United States by benefitting an adversarial foreign government's security or strategic capabilities.
(b) Relevant Factors.--To determine if an alien is inadmissible under subsection (a), the Secretary of State shall--
(1) take account of information and analyses relevant to implementing subsection (a) from the Office of the Director of National Intelligence, the Department of Health and Human Services, the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Commerce, and other appropriate Federal agencies;
(2) take account of the continual expert assessments of evolving sensitive or emerging technologies that foreign adversaries are targeting;
(3) take account of relevant information concerning the foreign person's employment or collaboration, to the extent known, with--
(A) foreign military and security related organizations that are adversarial to the United States;
(B) foreign institutions involved in the theft of United States research;
(C) entities involved in export control violations or the theft of intellectual property;
(D) a government that seeks to undermine the integrity and security of the United States research community; or
(E) other associations or collaborations that pose a national security threat based on intelligence assessments; and
(4) weigh the proportionality of risks and the factors listed in paragraphs (1) through (3).
(c) Sanctions Described.--The sanctions described in this subsection are the following:
(1) Ineligibility for visas and admission to the united states.--An alien described in subsection (a) may be--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Current visas revoked.--
(A) In general.--An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(B) Immediate effect.--A revocation under subparagraph (A) shall take effect immediately, and automatically cancel any other valid visa or entry documentation that is in the alien's possession, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)).
(3) Exception to comply with international obligations.-- The sanctions described in this subsection shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(d) Reporting Requirement.--Not later than 180 days after the date of the enactment of this Act, and semi-annually thereafter until the sunset date set forth in subsection (f), the Secretary of State, in coordination with the Director of National Intelligence, the Director of the Office of Science and Technology Policy, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives that identifies--
(1) any criteria, if relevant, used to determine whether an alien is subject to sanctions under subsection (a);
(2) the number of individuals determined to be subject to sanctions under subsection (a), including the nationality of each such individual and the reasons for each sanctions determination; and
(3) the number of days from the date of the consular interview until a final decision is issued for each application for a visa considered under this section, listed by applicants' country of citizenship and relevant consulate.
(e) Classification of Report.--Each report required under subsection (d) shall be submitted, to the extent practicable, in an unclassified form, but may be accompanied by a classified annex.
(f) Sunset.--This section shall cease to be effective on the date that is 2 years after the date of the enactment of this Act.
SEC. __. PRIVACY AND CONFIDENTIALITY.
Nothing in this title may be construed as affecting the rights and requirements provided in section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974'') or subchapter III of chapter 35 of title 44, United States Code (commonly known as the ``Confidential Information Protection and Statistical Efficiency Act of 2018'').
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