vote:

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the presiding officer: the yeas are 59, the nays are 33, and the motion to instruct is agreed to. a senator: mr. president. the presiding officer: the senator from vermont. mr. sanders: i call up my motion to instruct, which is at the desk. the presiding officer: the clerk will report. the clerk: the senator from vermont, mr. sanders, moves that the managers on the part of the senate at the conference on the disagreeing votes of the two

houses on the senate amendment to the bill h.r. 4521en -- be instructed to insist that the final conference report include provisions that require each beneficiary of federal financial assistance for semiconductor manufacturing to be banned from purchasing the stock of the beneficiary from outsourcing employment opportunities of the beneficiary to any country outside of the united states, and from repealing any collective bargaining requirements of the beneficiary, and that require each such beneficiary to issue warrants and equity stakes in the enterprise of the beneficiary to the federal government and to remain neutral in any union-organizing effort of the employees of the beneficiary. the presiding officer: under the previous order, there will now be two minutes of debate equally divided prior to the vote on the sanders motion to instruct. mr. sanders: mr. president, no one disagrees that we need to

manufacture more microchips here in the united states, but we should not be prop vieding a -- providing a $53 billion blank check to the highly profitable microchip industry with no protections for the american taxpayer. the five companies that will likely receive the lion's share of this company, intel, texas instruments, samsung, micron technologies, and global foundries, made over 75 billion in profits last year and spent over $18 billion on stock buybacks. mr. president, we have a strangs here in the senate. we can't extend the child tax credit to combat child poverty, we can't deal with the crisis in child care, we can't provide dental care to seniors on medicare, we can't deal with climate change, but somehow we

can provide a massive amount of corporate welfare to a handful of corporations. the motion i'm offering today would instruct the conferees to impose the following conditions on companies receiving this assistance -- they must agree to issue warrants or equity stakes to the federal government. if private corporations are going to benefit from $ 53 billion in taxpayer welfare, the financial gains must be shared with the american people, not just wealthy stockholders. further, these companies must agree to not buy back their open stock -- their own stock, not outsource american jobs, not repeal existing collective bargaining agreements, and remain neutral in union-organizing evers -- efforts. mr. president, what we're talking about here is not a radical idea. these exact conditions, word for word, were included in the

bipartisan cares act, which passed the senate 96-0. the presiding officer: the senator's time has expired. mr. brown: mr. president, i rise in opposition to senator sanderses' motion. america inventorred the semiconductor. we produced nearly half the world's circuit years ago. today we produce less than 10%. plants shut down across ohio. whirlpool, ford, g.m., forced to shut down. thanks to senator cantwell and the work she's done to stop this. encourage more production of these chips at home. this bill -- this legislation will fund the bill congress already passes. it's not a bailout. it is critical to my state. 10,000 good jobs or, 5,000 union building trades jobs, prevailing wage for the next ten years. it is an incentive program. the e.u., china, south korea, all provide incentives to make

these chips domestically. none of them require stock warrants. everybody in this body knows my position in opposition to the financial services industry to stock buybacks. you can count on that. i yield my final 30 seconds to senator wicker. the presiding officer: the senator from mississippi. mr. wicker: mr. president, there are already significant taxpayer mandates in the bill as it is. limiting award size, prohibiting funds from going to so-called foreign entities such as china, and clawback provisions. why do we need chips? we need chips to -- for javelin missiles, we need them for major weapon systems can take thousands of chips. the arleigh burke-class destroyer includes 250,000 clips. it would make it much harder for americans to produce these chips if the sanders amendment were to pass. i urge a no vote and join my friend from ohio in urge ago no

vote. the presiding officer: the question is on the motion. mr. sanders: can i have 30 seconds in response. the presiding officer: the senator from vermont. mr. sanders: no one debates the need for chips. we lost tens of thousands of jobs over the last 20 years. you know why? because these same microchip companies shut down plants in america to go for cheap labor in asia. now we're rewarding them with $53 billion in corporate welfare. all of my friends who talk about the deficit and how we can't fund the needs of our children or the elderly, $53 billion going to some of the most profitable corporations in america without any taxpayer protection is an absolute outrage. let's vote for this proposal. the presiding officer: the question is on the motion. is there a sufficient second? there appears to be. the clerk will call the roll.

vote: vote:

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the presiding officer: the yeas are 6, the nays are 87 and the motion to instruct is not agreed to. a senator: mr. president. the presiding officer: the senator from mt. mr. daines: i call up my motion to instruct conferees which is at the desk. the presiding officer: the senator will suspend. mr. president, i ask unanimous consent --. mr. daines: mr. president, i ask unanimous consent notwithstanding the previous order it be in order to instruct conferees at this time. the presiding officer: without objection.

mr. daines: i call up my motion to instruct conferees which is at the desk. the presiding officer: the clerk wi -- will report. the clerk: the senator from montana, mr. mr. daines, moves that the managers on the part of the senate at the conference on the disagreeing votes of the two houses of the senate amendment to the bill h.r. 4521 be instructed to reject provisions that weaken the energy security of the united states, prohibit the development of an all-of the above energy portfolio, or direct funds to foreign entities for international climate objectives. the presiding officer: under the previous order, there will now be two minutes of debate equally divided prior to a vote on the da mr. daines motion to instruct. mr. daines: if we've learned anything over the past few months, it's the importance of supporting made in america energy. since europe has die vetted in -- divested in traditional

energy, vladimir putin was weaponized it and has europe over a barrel. this is the path america is headed down if the administration continues to stonewall traditional american energy development. for the sake of our national security, we must unleash american energy production, which includes an all-of-the-above energy portfolio, renewables, hydropower, oil, gas -- the presiding officer: the senate will be in order. mr. daines: the all-of-the-above energy portfolio, which includes renewables, hydropower, nike la. energy security is a global energy dominant american is a safer world. we should not be sending money to china like the house bill, in a package meant to help us win the race against china. it just doesn't make sense. i urge my colleagues to support this motion to instruct and reject the provisions from the house that weaken the energy security of the united states. a senator: mr. president. the presiding officer: the senator from oregon.

mr. markey: i rise in oppositio- mr. merkley: i rise for one reason, it is up to america to pivot to renewable energy, yet this motion to instruct says we cannot do anything to help foreign entities address any aspect of climate, not to fight forest fires that come from climate change, not to address salineation of the sea, no to the -- not to address reforestation or deforestation. it is up to america to help make sure that we provide non-fossil fuel energy for the future that will help us all address this huge list of issues. it's important that we lead the world, not neglect the world. the presiding officer: the question is on the motion. all in favor say aye.

all opposed, no. the ayes appear to have it. the ayes do have it. the motion is agreed to.

a senator: mr. president. the presiding officer: the senator from new hampshire. ms. hassan: mr. president, i ask unanimous consent -- the presiding officer: the senate will be in order.

ms. hassan: i ask unanimous consent that notwithstanding the previous order it be in order to offer my motion to instruct at this time. the presiding officer: without objection. ms. hassan: mr. president, i rise today -- oh, actually, you need to read the -- yes. i call up my motion to instruct, which is at the desk. the presiding officer: the clerk will report. the clerk: the senator from new hampshire, ms. hassan, moves that the managers on the part of the senate at the conference on the disagreeing votes of the two houses on the senate amendment to the bill h.r. 4521 be instructed to insist that the final conference report include provisions that expand the research and development tax credit for small businesses and preserve full and immediate expensing for research and development investments. the presiding officer: under the previous order, there will now be two minutes of debate equally divided prior to a vote on the hassan motion to instruct. ms. hassan: mr. president, i rise today to offer a bipartisan

motion with senator young that will help fuel american innovation. the research and development tax credit gives critical support to small businesses and start-ups that power our economy by strengthening the r & d tax credit for start-ups and preserving other tax incentives for research here in america we can outcompete countries like china. i would also like to thank the additional 16 senators supporting the motion -- senators baldwin, marshall, feinstein, sasse, warnock, blunt, kelly, portman, padilla, cortez masto, capito, portman and wicker. i yield to the senator from indiana. mr. young: i thank my colleague from new hampshire. consent for one minute. the presiding officer: without objection. mr. young: this bill is about maintaining our competitiveness with china. we cannot compete with china without robust domestic r & d.

a company investing $100 in r & d in china this year will get a $ 00 deduction. in america, that company investing $100 would only get to deduct $10 this year. we mustn't lose out on innovation and production to china. i ask my colleagues to support this motion, support domestic r & d. every day we wait is another day we fall behind. i yield to my colleagues from new hampshire. ms. hassan: -- mr. sanders: mr. president. the presiding officer: the senator from vermont. mr. sanders: recent bols -- polls suggest congress has a 19% favorable. i find that shocking. if that 19% had any inkling what went on here in the senate, that number would be much lower. over and over again, i hear members of the senate express their deep concern about the

deficit. oh, my god, that deficit. we can't maintain a child tax credit to cut child poverty, we can't make sure that senior citizens on medicare have teeth in their mouth. we just can't afford it. but apparently, mr. president, we can afford to provide $ 125 billion in tax breaks over the next four years to some of the most profitable corporations in america, including amazon, intel, at&t, boeing -- you name it. this amendment would repeal -- now, this is amazing, and i say this to my democratic it colleagues, this amendment would repeal a modest tax increase on profitable corporations that president donald trump pushed to partially offset the cost of his massive tax giveaway to the rich a few years ago. this was trump's initiative to

kind of cover the tax breaks he gave to billionaires and large corporations. if this amendment were enacted, lockheed martin and raytheon would receive a $2 billion tax break each year and northrop grumman would receive a $1 billion tax break. is that what we're in the business of doing, telling working families we can't help them while giving huge tax breaks to some of the wealthiest and most profitable corporations in america? i urge my colleagues to vote against this motion. the presiding officer: the senator from new hampshire. ms. hassan: i ask unanimous consent for 10 more seconds. the presiding officer: without. ms. hassan: our r&d proposal is critical to helping small businesses and investing here at home to outcompete countries like china. there is strong bipartisan support for this measure. i ask for the yeas and nays. the presiding officer: is there a sufficient second? there appears to be. the yeas and nays are ordered.

the clerk will call the roll. vote:

vote:

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the presiding officer: the yeas are 90, the nays are 5. the motion to instruct is agreed to. a senator: mr. president. the presiding officer: the senator from florida. mr. scott: mr. president, i call up my motion to instruct conferees which is at the desk. the presiding officer: the clerk will report. the clerk: the senator from florida, mr. scott, moves that the mergs on the part of the senate at the conference on the disagreeing votes of the two houses on the senate amendment to the bill h.r. 4521 be instructed to insist that the final con conference report include provisions that ensure any taxpayer funds spent in the bill, including those provided to universities and private sector corporations, are subject to comprehensive return on investment analyses and clawback provisions and corresponding timely reports on the use of such funds to congress and the american public. the presiding officer: under the previous order, there will be two minutes of debate equally divided prior to the vote on the scott motion to instruct. mr. scott: mr. president. the presiding officer: the

senator from florida. mr. scott: this government is $30 trillion in debt and congress is working every da i to spend money like it's burning a hole in our pocket. this bill has billions in spending, billions of taxpayer dollars and zero mandates for return on investment. that's crazy and illogical. no american would make a deal like this for their business or family. couldn't -- congress shouldn't do it with your taxpayer dollars. this should be subject to a comprehensive return on investment analysis with clawback provisions and mandated report on how every dollar is spent. we've used to taxpayer dollars to incentivize growth when i was florida governor, but we all had return on investment metrics and clawbacks. we should demand the same here. i urge my colleagues to join me in accountability to the taxpayer. mr. president. the presiding officer: the senator from washington.

ms. cantwell: i'm sure he's well meaning, but the language say that taxpayer money provided to universities on research. think about what we do today with universities on a lot of subjects. if just ask yourself, would you ever have an r.o.i. on the covid vaccine? basic research around lifesaving medicine? took 60 years to prove the return on that investment. there's underlying darpa funds in this bill. do you think that all of those darpa funds showed return on investment? so say goodbye to those moneys. this also says that it can be conditioned for a clawback. nuclear research done by one institution and one administration not liked in the next administration claude back? i think we've -- clawed back? we've trusted our universities to do this research for us, and that is what a research economy is about. we need to dust off our r&d skills and make these

investments and make the commitments. the underlying bill has safeguards on spending in the bill, and i ask my colleagues to vote no on this amendment -- this motion to instruct. the presiding officer: if there isn't further debate, the question is on the motion. all those in favor say aye. all opposed no. the ayes appear to have it. the ayes do have it. the motion is agreed to. a senator: mr. president. the presiding officer: the senator from iowa. ernst -- ms. ernst: i call up my motion to instruct conferees. the clerk: the senator from iowa, ms. ernst moves that the managers on the part of the senate at the conference on the disgrowing votes of the two houses on senate amendment to

bill h.r. 4521 be instructed to reject the provision as agreed to by the house of representatives that would reauthorize the small business innovation research and small business technology transfer programs under section 9 of the small business act, 15 usc 638 without authorization to prevent the russian federation and people's republic of china from acquiring technology critical to national security developed through programs of the small business administration and participating federal agencies. the presiding officer: under the previous order, there will now be two minutes of debate equally divided prior to the vote on the ernst motion to instruct. ms. ernst: thank you, madam president. mr. president -- thank you mr. president. the small business innovation research and small business technology transfer programs provide critical innovation support to america's small businesses. while this program is celebrating 40 years in business, sbir continues to be exploited by foreign adversaries

due to lack of controls within the programs to prevent the transfer of new american technology to our adversaries. china has become one of the largest beneficiaries of the sbir programs because of the lack of adequate oversight. china and other foreign adversaries like putin's russia know this and have been establishing shell companies, acquiring beneficial ownership in american enterprises, selecting key awardee personnel for tallents recruitment, and other state-directed technology acquisitions. china has also infiltrated businesses known as sbir mills that have won numerous grants. this is a clear national security threat and is wholly unacceptable. serious and comprehensive due diligence reforms are needed to combat adversarial foreign influence in these programs and to protect our national security. i ask my colleagues on both sides of the aisle to support this effort.

a senator: mr. president. the presiding officer: the senator from maryland. mr. cardin: i agree with my colleague that the sbir program and the sttr program are critical to america's small businesses. it offers them incredible opportunities to develop technology important for our nation. i also agree with my colleague it's important we prevent critical national security technology developed imi the pro yams from being awired -- developed by the programs from being acquired by china or russia. if you look at the exiets act, there are safeguards to prevent them from getting sensitive technology, not just china and russia, but all countries of concern, including iran and north korea. this build on section 223 of fiscal year 2021 national defense authorization act that provides protection and requires disclosure to guard against foreign influence and federally funded research and development. i'm going to support the motion to instruct, and i want to work with my colleague so we can develop clear language to make

it clear that the technology developed by the sbir program and sttr program are protected against being taken into china or russia. i look forward to working with my colleague, and i support the motion. the presiding officer: the question is on the motion. all those in favor say aye. all opposed say no. the ayes appear to have it. the ayes do have it. the motion is agreed to. mr. lankford: mr. president. the presiding officer: the senator from oklahoma. mr. lankford: i call up my motion at the desk. the clerk: mr. lankford moves that the managers on the part of the senate at the conference on the disagreeing votes of the two houses on the senate amendment to bill h.r. 4521 be instructed to insist that the final conference report include provisions requiring any agreement negotiated by the united states with the islamic republic of iran addressing iran's development of nuclear

weapons, one, also includes provisions addressing the full range of iran's destabilizing activities, including development of the means of delivery for such weapons such as ballistic missiles, support for terrorism, and evasion of sankss by -- sanctions by individuals, entities and vessels in the trade of petroleum products with the people's republic of china. two, does not lift sanctions on the islamic revolutionary guard core. and three, does not revoke the designation of the islamic revolutionary guard corps as foreign terrorist organization under section 213 of the immigration and nationality act, 8 u.s.c. 1189. the presiding officer: under the previous order there will be two minutes of debate equally divided prior to vote on the lankford motion to instruct. mr. lankford: we're about to go to conference what we're calling the china bill.

this bill does not address china's practice of purchasing and stockpiling sanctioned iranian oilen to the black market. this directly correlates with the spike in terrorist activities by iran and approximate why is in the middle east. iran is laundering these products and illicitly transferring the oil at sea to iranian tankers in foreign-flagged vessels. three-quarters of this is ultimately exported to china which purchased 310 million barrels of oil from iran last year. all this is happening while iran is negotiating directly with iran on our behalf in vienna. this particular motion to instruct goes straight at this illicit activity from iran that's facilitating the terror activities and also addresses the designation that iran is asking if they're going to negotiate with the biden administration on the iran nuclear deal. iran is specifically asking that they get a lift of the foreign

terrorist organization on the islamic revolutionary guard corps. that is the group that was attacking our troops in iraq and facilitating their death. we need to address this and take it off the table so that iran does not get by with this and the islamic revolutionary guard corps does not. i urge a yes. mr. murphy: i urge opposition to this motion. this motion asks the senate to endorse president trump's iran policy, a policy that if you didn't notice was a complete, total failure. the motion calls for a provision in the underlying bill to prohibit a return to the jcpoa and keep trump's maximum pressure campaign intact until a mythical comprehensive agreement is achieved with iran, inclusive of all of their malevolent behavior. this hasn't worked. to apply it prospectively would be ruinous. friends, iran is weeks away from

having enough nuke regard material for a weapon. to -- nuclear material for a weapon. to deny this administration the ability to enter into a nuclear agreement, isn't just folly, it's downright dangerous. i wish a comprehensive agreement with iran was possible, but four years. failure by president trump was proof that, for the time being, it is not. we should not endorse four more years of this failed iran policy, and i'd urge opposition. the presiding officer: the question is on the motion. is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote:

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the presiding officer: on this vote, the yeas are 62, the nays are 33. under the previous order requiring 60 votes for the adoption of this motion, the motion is agreed to. mr. schumer: mr. president. the presiding officer: the majority leader. mr. schumer: may we have some order, mr. president, please. the presiding officer: the senate will be in order. mr. schumer: my colleagues, we have seven votes left. three look like they'll be voice, so we have four votes. if we stay in our seats and try to stick as close as we can to the ten-minute vote, we can finish very soon. so please do that. and i yield the floor. a senator: mr. president. the presiding officer: the senator from vermont. mr. sanders: i call up my motion to instruct which is at the desk. the presiding officer: the clerk will report.

the clerk: the senator from vermont, mr. sanders, moves that the managers on the part of the senate at the conference on the disagreeing votes of the two houses on the senate amendment to the bill h.r. 4521 be instructed to receive from the provision contained in session 2614-c of the senate amendment relating to contract redundancy and funding for the human landing system program of the national aeronautics and space administration which would likely go to blue origin. the presiding officer: the senate will be in order. under the previous order, there will be now, now be two minutes of debate equally divided prior to a vote on the sanders motion to instruct. mr. sanders: mr. president. the presiding officer: the senator from vermont. mr. sanders: mr. president, this motion is cosponsored by senator johnson of wisconsin. and i have to say that we are on a roll tonight.

we've already voted to give $53 billion in corporate welfare to the microchip industry. we voted to give $1235 billion in tax -- $125 billion in tax breaks to some of the wealthiest corporations in the country. but now we have the opportunity to do even better. we can give $10 billion to jeff bezos, the second-wealthiest person in this country, who is the owner of the space company blue origin. clearly mr. bezos desperately needs this federal assistance. he is only worth $150 billion. and with all of his lawyers and accountants in a given year, he pays nothing in federal income taxes. he is the owner of amazon, which in a given year also pays nothing in federal income taxes. mr. bezos has enough money to

buy a $500 million yacht, $175 million estate in beverly hills, and a $23 million mansion here in washington. i am sure that your constituents will be very excited to hear that you are going to give him his $10 billion, which he clearly desperately needs. further, for those people here who believe in trade unions, mr. bezos has spent millions of dollars at amazon protecting workers at amazon from exercising their constitutional right to form a union. he is part of amazon, a company that has been fined over and over again for violating the law. mr. president, at a time when 70 million are uninsured, when 600,000 people are homeless in this country, when we are seeing a growing gap between the very rich and everybody else, it does not make a lot of sense to give $10 billion to the

second-wealthiest person in this country. i urge my colleagues to vote yes on this motion. a senator: mr. president. the presiding officer: the senator from alabama. mr. tuberville: mr. president, nasa recognizes that competition makes us better. that's why they asked congress to fund the second provider for the lunar lander, developing additional designs was nasa's original intent, a type of built-in insurance. taxpayer helps foster greater -- it helps foster greater astronaut safety which you can appreciate and minimize the impact of delays. in the end protecting the taxpayer and investment in the artemis program. congress must embrace competition, safety, and public-private partnerships. my colleague from vermont's motion would take a sledgehammer

to american iuity and the artemis program. i urge my colleagues to vote against this motion. the presiding officer: the senator from washington. ms. cantwell: i too oppose this amendment. striking the authorization does strike competition. nasa has asked for continued competition, and there are many defense contractors who have expressed interest. lockheed martin, northrop grumman and i understand my colleague's frustration and what he wants to complain about. but this is about safety and it's about redundancy. and it is about us authorizing the artemis program. not just having appropriators make a decision but having the authorization of safety and redundancy that we expect if we as a nation are going to take the next woman astronaut all the

way to the surface of the moon. when i think about what happened with the space shuttle columbia and the disaster, nasa suffered great consequences. they have said redundancy matters, and that is what we are authorizing, and the competition my colleague just mentioned. mr. sanders: mr. president. the presiding officer: the senator from vermont. 30 seconds. mr. sanders: i hear this word competition, but i want everybody to know what the competition is in the space program. the competition is between mr. musk and spacex. musk is the wealthiest guy in the country. and jeff bay -- bezos and blue origin, the second-wealthiest guy. is that really the kind of space program that the american people want? i think not. the presiding officer: the question is on the motion.

is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote:

vote:

officer the khweis are 17 is the nays are 78. the motion to instructs not agreed to. a senator: mr. president? the presiding officer: the senator from louisiana. mr. cassidy: i calm up my amendment. the presiding officer: the clerk will report. the clerk: mr. cassidy moves that the managers on the part of the senate at the conference on the disagreeing votes of the two houses on senate amendment to the bill h.r. 4521 be instructed to insist that the final conference report include provisions that require the president to directly address troubling developments in

mexico's energy sector that intentionally cause harm to united states jobs and economic interests, business and investor interest and climate goals through the use of consultations under the usmca, as defined in section 3 of the united states-mexico-canada agreement implementation act, 19u.s.c. 4502. the presiding officer: there will now be two minutes of debate equally divided prior to a vet on the cassidy motion to instruct. mr. cassidy: mr. president, the importance of trade agreements is that everyone follows the rules agreed to. mexico is not following the usmca. they have forced the closure of dozens of fuel facilities and canceled permits for the import and export of fuels. they are favoring their national industry and disadvantaging american companies including companies building renewable projects. these actions chill foreign direct-investment in mexico, hurt american businesses, and

undermine climate goals. but mexico continues to benefit from the rest of usmca. we wish to be a strong and dependable trade partner with mexico, but usmca should be honored. the role of the ustr is to represent the interests of the united states and hold trade partners to their word. mexico should respect property rights for u.s. businesses. this should be a priority for the ustr. i yield -- mr. president, i yield. a senator: voice vote. the presiding officer: without objection, all time is yielded back. the question is on the motion. all those in favor, say aye. all opposed, no. the ayes appear to have it. the ayes do have it. the motion is agreed to.

mr. warnock: mr. president? the presiding officer: the senator from georgia. mr. warnock: i call up my motion to instruct, which is at the desk. the presiding officer: the clerk will report. the clerk: the senator from georgia, mr. warnock, moves that the managers on the part of the senate at the conference on the disagreeing votes of the two houses on the senate amendment to the bill h.r. 4521 be

instructed to insist that the final conference report include provisions that fully fund programs to build institutional research capacity at historically black colleges or universities that are developing research institutions. the presiding officer: under the previous order, there will now be two minutes of debate equally divided prior to a vote on the warnock motion to instruct. mr. warnock: mr. president, this legislation will help to lower costs for hardworking families, create jobs, and equip the nation to compete in a changing economy. historically black colleges and universities have been putting in the work. for years they have always had to punch above their weight, but they play a critical role in creating those jobs and ensuring that we have a diverse, trained workforce for new technology,

for research, and advanced manufacturing opportunities in georgia and indeed across the country. and that's why we have to invest in their ability to meet tomorrow's challenges. when we invest in all of our young people, we position our economy to be strong ten years, 20 years, 30 years into the future. and so the purpose of this motion is very simple. it will ensure that our entire higher education sector can contribute to our growing tech and innovation economy. that we make good use of all of our talent, creating businesses and good-paying jobs in georgia and all across the nation. i hope that we can adopt this motion by a voice vote. the presiding officer: is there further debate on the motion? if not or, the question is on the motion. all those in favor, say aye.

all opposed, no. the ayes appear to have it. the ayes do have it. the motion is agreed to. mrs. capito: mr. president? the presiding officer: the senator from west virginia. mrs. capito: mr. president, i call up my motion to instruct conferees, which is at the desk. the presiding officer: the clerk will report. the clerk: the senator from west virginia, mrs. capito, moves that the managers on the part of the senate at the -- mrs. capito: i ask that we cease the reading of the amendment. the presiding officer: without objection. mrs. capito: thank you. the presiding officer: under

the previous order, there will now be two minutes of debate equally divided prior to a vote on the capito motion to instruct. mrs.mrs. capito: thank you, mr. president. this motion to instruct emphasizes that climate change cannot be used as a basis for the president to declare an emergency or major disaster or any other means to expand executive powers. congress has renewed their push to make it harder to produce energy domestically and export it abroad. this is bad policy and sets a bad precedent to encourage expansive executive authority. now, of course i think we should address climate change, but ceding broad authority over to otoexecutive is not the way to go. i have worked together with my colleagues on numerous pieces of climate legislation and continue to do so as the ranking member of the environment and public works committee. when congress wants to address climate, it rolls up its sleeves, disco does it in a thoughtful, bipartisan manner through clear, detailed

direction to the executive. not by giving the executive broad authority to do whatever it sees fit. thank you. i encourage a positive vote on my motion to instruct. mr. merkley: mr. president? the presiding officer: the senator from oregon. mr. merkley: mr. president, when storms attack the heartland and destroy crops, i hope that the president has emergency powers to assist those farmers and when fires, fiercer fires, longer fire season proceed to burn not just one town but six towns to the ground in the state of oregon in an almost unbelievable, horrendous reduction to ashes, i hope the president has emergency powers to declare a major disaster and assist the good people of my state or your state when these disasters happen, and if changing temperatures and changing rain patterns bring the

sand flight of texas or some other deadly disease, then the president needs to have the power to declare a public health service emergency. taking away the ability of the president to declare major disasters or health emergencies or national emergencies when there are disasters striking our people is a terrible idea, and i encourage you to vote no on this motion to proceed. the presiding officer: the question is on the motion. a senator: voice vote. the presiding officer: is there a sufficient second? there appears -- there is a sufficient second. the clerk will call the roll.

vote:

vote:

vote:

the presiding officer: have all

senators voted? the presiding officer: have all senators voted? does any senator wish to change his or her vote? if not, the yeas are 49, the nays are 347, and the motion to -- the nays are 47 and the motion to instruct is agreed to. if. a senator: madam president. the presiding officer: the senator from pennsylvania. mr. toomey: madam president, i call up my motion to instruct, which is at the desk. the presiding officer: the clerk will report. the clerk: the senator from pennsylvania, mr. toomey --

mr. toomey: i ask unanimous consent that we dispense with the reading. is. the presiding officer: without objection. mr. toomey: thank you. the presiding officer: under the previous order, there will now be two minutes of debate equally divided prior to the vote on the toomey motion to instruct. mr. toomey: my motion would simply instruct the senate conferees to usica to keep provision of the trade amendment that wassed the senate 91-4, specifically that requires the administration to reestablish an exclusion process for current and future section 301 actions. this does not repeal 301 tariffs. it doesn't preclude new 301 tariffs. remember, when the trump administration imposed 301 tariffs they created an exclusion process for the simple reason that it was important to exclude from tariffs those circumstances in which it would do more harm to an american manufacturer and worker than those targeted which the -- by the tariffs. the exclusion process has

expired. it has not been fully restarted. many u.s. manufacturers able to get the relief they need. the usica language that passed the senate reestablishes this process, the language grants considerable flexibility to the u.s. trade rep, even to the point where the exclusion process could be waived altogether if the trade rep concludes that doing so -- that otherwise it would diminish american leverage. the bipartisan language simply helps ensure that american manufacturers remain competitive. nearly every one of us submitted letters of requests from constituent companies asking fo- the presiding officer: the senator's time has expired. mr. toomey: there is no exclusion if there is no exclusion process. mr. brown: map. -- madam president, i rise to oppose senator toomey's motion to instruct against motions -- a motion that undermine investments in american manufacturing production. i urge my colleagues to oppose this motion to instruct. it supports a broad exclusion

process for 301 tariffs for goods from china. he's are in -- these are in place because of chinese unfair trade practices that target our industrial base in jobs in pennsylvania, ohio, and new jersey. the afl-cio opposes this, the ustr opposes it, the bipartisan pro industry aligns -- alliance for manufacturing opposes it. they know any exclusions need to be part of a broader strategic approach we all support to trade policy with china. creating an overly broad exclusion process that ties our hands would take away leverage we need to pressure china to change its behavior, behavior the steel industry in my state and other industries all over the country know too well. china cheats. we know this. it subsidizes its steel industry, it props up state-owned enterprises, it steals intellectual property, it pollutes the earth, exploits our workers, it's costing my state and all over the country jobs year after year. we can't let china's cheating

undermine the investments we're making in this bill. i ask for opposition to the toomey motion. the presiding officer: the question is on the motion. is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote:

the presiding officer: have all senators voted? does any senator wish to change his or her vote? if not, the yeas are 53, the nays are 43.

the motion to instruct is agreed to. the junior senator from new mexico. mr. heinrich: i ask unanimous consent that notwithstanding -- you. the presiding officer: the senate will be in order. please take your conversations off the senate floor. the senator is recognized. mr. lujan:: i ask unanimous consent that not withstand ago the previous order, i be able to offer my motion to instruct at this time. the presiding officer: without objection. mr. lujan:: i have a motion at the desk to instruct conferees. the presiding officer: the clerk will report. the clerk: mr. lujan moves that the managers on the part of the senate of the conference on the disagreeing votes of the two houses on the senate amendment to the bill h.r. 5421 be instructed to insist on provisions supporting the work of the department of energy, user facilities of the department of energy, and national laboratories, including work in microelectronics and across the key technology focus areas as defined in section 2002

of the amendment. the presiding officer: under the previous order, there will now be two minutes of debate equally divided prior to a vote on the lujan motion to instruct. mr. lujan:: madam president? the presiding officer: the junior senator from new mexico. mr. lujan:: thanks to the bipartisan effort in the commerce committee, the senate passed u.s. innovation and competition act includes nearly $17 billion to support research and development and supply chain support at the department of energy national labs, including key technology areas such as high-performance computing, advanced energy technologies, artificial intelligence, quantum information science, and advanced manufacturing. the house bill also includes robust support -- a senator: madam president, the senate is not in order. the presiding officer: the senate will be in order. members should take their conversations off the senate floor. the the senator from is recognized. mr. lujan:: the house bill also includes robust support for our national labs. this strong investment is critical to maintaining and

strengthing u.s. security and competitiveness especially as expenditures rise in these transformative industries. our national labs are a research crown jewel and other countries are taking notice of our progress. in fact, china is working to build out their own national lab network modeled after our own d.o.e. labs. new mexico's own los alamos laboratories are leading the way in cutting-edge technologies in key focus areas, in driving innovation and critical national priorities such as next-generation microelectron identification the department of energy's experience working with universities, collaborating with the private sector, and protecting american intellectual property from theft by international competitors makes it a pillar of u.s. innovation -- the presiding officer: the senator's time has expired. mr. lujan:: i yield back. the presiding officer: if there is no further debate, then the question is on the motion.

mr. lujan:: i ask a voice vote. the presiding officer: all those in favor, say aye. those opposed, say no. the ayes have it. the motion is agreed to. mr. schumer: madam president? the presiding officer: the majority leader. mr. schumer: on, this is our last vote and i want to thank members on both sides of the aisle for their cooperation. if you had have told me we would have finished this by 20 of 10:00, i would say we never would have done it. thank you, last vote. mr. scott: i call up my motion to instruct conferees which is at the-esque did. the presiding officer: the clerk will report. the clerk: the senator from south carolina, mr. scott, moves that the managers on the part of the senate at the conference on the disagreeing votes of the two houses on the senate amendment to the bill h.r. 4521 be instructed to insist that the final conference report include a requirement that any legislation providing for new mandates on greenhouse gas emissions should not be enacted

unless similar are enacted in the people of's republic of china. the presiding officer: until now be two minutes of debate equally divided prior to a vote on the scott motion to instruct. mr. scott: madam president? the presiding officer: the senator from south carolina. mr. scott: this should be a simple one. in the last 20 years china's emissions have gone from 13% globally to 28%. at the same time, our emissions have gone from 25% down to 14%. when gas -- the presiding officer: the senate will be in order. mr. scott: thank you you madam president. the presiding officer: the senator from south carolina. mr. scott: i'll start over, madam president. in the last 20 years, china's emissions have doubled, 13% to 28%. at the exact same time, ours has gone from 25% to 14%. why would we cripple our economy

to make it easier for china to prosper? this should be a simple one. gas in d.c. is $5 a gallon. we are destroying america's economy, and we are crippling our nation's energy security. this should be simple. i reserve the rest of my time. the presiding officer: the senior senator from delaware. yes, the senate will be in order. members should take their conversations off the floor. mr. carper: thank you, madam president. the presiding officer: the senator from delaware. mr. carper: madam president, i rise reluctantly in opposition to the motion to instruct offered by my friend from south carolina. i generally enjoy his friendship and working with him, agree with him on many issues. this is one where we just disagree. i have serious concerns with the motion he's offering tonight to prevent u.s. greenhouse gas

emission mandates from being enacted unless china enacts similar mandates. greenhouse gases drive climate change, threaten our planet, they threaten our lives and livelihood. they also present an opportunity for the u.s. to lead on the global stage a we have an opportunity now or never -- a now or never opportunity for our country to lead in deploying clean, american-made technologies to lower our greenhouse gas emugses, create american jobs and position our economy to compete with and beat competitors, including china, like a drum. our ability to provide clean energy leadership or to collect climate change data should not be contingent on action of our foes, as this motion to instruct recommends. leadership is keeping out of step when everyone else is marching to the wrong tune, including china. in conclusion, our country should be leading by example, not from behind, and tackling the climate crisis so that our businesses, workers, and planet reap the benefits of a clean economy. that's why i'll be voting

reluctantly on on this motion to instruct. i hope that my completion will join -- my colleagues will join with me. mr. scott: i have great affection for senator carper. i think he is a man of integrity. i will simply say that china can't hear the music he is talking about. our emissions have been going down while theirs is going up. clean energy in this footprint is produced cleaner in america than it is in china. so if you care about the environment, produce it here at home. if you care about national security, produce it here at home. that's all i'm suggesting. thank you, madam president. i'll reclaim the last ten seconds of my time. mr. carper: i ask for the yeas and nays. the presiding officer: the clerk will call the roll. vote:

vote:

the presiding officer: have all senators voted? does any senator wish to change his or her vote in if not, the yeas are 47, the nays are 49, and the motion to instruct is not agreed to. mr. coons: map. -- madam president. the presiding officer: the senator from delaware. the chair appoints the following conferees, which the clerk will report. the clerk: senators cantwell, menendez, wyden, peters, murray, brown, warner, kelly, warnock, hickenlooper, tester, heinrich, baldwin, wicker, crapo, rich, burr, portman, grassley, shelby, toomey, barrasso, capito,

cornyn, young, and moran. mr. coons: madam president. the presiding officer: the junior start from delaware. mr. coons: : i ask unanimous consent that we consider nomination calendar 58 , james t. rodriguez to be assistant labor is -- that the senate sproat on the nomination, without ints veeng -- without interveeng action or debate, the motion to reconsider be considered made and laid upon the table, any statement related to the nomination printed in the record, that the president be immediately notified, and the senate resume legislative session. the presiding officer: without objection. the clerk will report. the clerk: nomination, department of labor, james d. rodriguez of texas to be an assistant secretary. the presiding officer: the question occurs on the nomination. all those in favor say aye. all opposed say no. the eyes have it. the -- the ayes have it.

the nom thatition is confirmed. mr. coons: : i understand there's a bill at the desk due for a second reading. the presiding officer: the clerk will read the title of the bill for the second time. the clerk: s. 4132, a bill to protect a person's ability to determine whether to tip or end a pregnancy and protect a health care provider's ability to provide abortion services. mr. coons: : in order to place the bill on the calendar under provisions of rule 14, i would object to further proceeding. the presiding officer: objection having been heard, the bill will be placed on the calendar. mr. coons: : madam president, i ask unanimous consent that when the senate completes its business today it adjourn until 11:00 a.m. on thursday, may 5, and that following the prayer and pledge, the morning hour be deemed expired, the journal of proceedings approved to date, time for the two leaders reserved for their use later in the day and morning business be closed, that upon the conclusion of morning business the senate proceed to executive session to

consider executive calendar 887, kathryn huff to be assistant secretary of energy. further, the senate vote on confirmation of the huff nomination at 1:45:00 p.m., finally, if the nomination is confirmed during thursday's session, that the motion to reconsider the motion to reconsider be considered made and laid upon the table and the president immediately notified of the president's action -- excuse me, of the senate's action, madam president. the presiding officer: without objection. mr. coons: if there's no further business to come before the senate, i ask that it stand adjourned under the previous order. the presiding officer: the the presiding officer: the >> today senators worked on instructions for negotiations between the house and the senate, on the science and technology research bill and the chambers have already passed separate versions of the legislation, which aims to help u.s. semiconductor manufacturers better compete with china in the

next step is to work out the differences between the two bills and close to 30 votes were held in the floor today and some approved by voice vote in one is the best with motion oklahoma senator james langford of requiring specific guidelines to be met in a nuclear agreement between u.s. and around and under that provision the biden administration is prohibited from lifting sanctions against the islamic revolutionary guard corps resulting his designation of has a foreign terrorist organization returns, follow everything lively here on "c-span2" sees manager unfiltered view of government, funded by these television companies and more, including media, to make the world changed in media, was ready and internet traffic sorted we never slowed down, schools and businesses went virtual we powered a new

reality because media, we are built to keep you ahead. >> media, support cspan, is a public service these other television providers, giving you a front row seat to democracy next to look at the present is 2023, budget request for nasa, with a space agencies in ministering to build us and he was asked about several topics including russia's and vomit with international space station in a plan letting mission in 2025, the director of the national science foundation testified about investments in stem education and the hearing runs about two hours. [background sounds].