[Congressional Record Volume 166, Number 217 (Sunday, December 20, 2020)]
[Senate]
[Pages S7877-S7882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2721. Mr. BROWN proposed an amendment to the bill S. 2827, to 
authorize the Secretary of the Interior to conduct a study of African 
American burial grounds, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``African American Burial 
     Grounds Study Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Burial ground.--The term ``burial ground'' means any 
     natural or prepared physical location, whether originally 
     below, on, or above the surface of the earth, into which 
     human remains are deposited as a part of the death rite or 
     ceremony of a culture.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 3. AFRICAN AMERICAN BURIAL GROUNDS STUDY.

       (a) In General.--The Secretary shall conduct a study of 
     ways to identify, interpret, preserve, and record unmarked, 
     previously abandoned, underserved, or other burial grounds 
     relating to the historic African American experience.
       (b) Requirements.--In conducting the study under subsection 
     (a), the Secretary shall consider--
       (1) ways to engage with descendant, local, and other 
     communities historically associated with identified burial 
     grounds by geography, genealogy, or culture;
       (2) appropriate processes to identify locations of unmarked 
     and unrecorded African

[[Page S7878]]

     American burial grounds with appropriate consideration for 
     the privacy and safety of the burial grounds;
       (3) alternatives for providing in a public database, as 
     appropriate, the locations of, and information on, recorded 
     and unrecorded African American burial grounds;
       (4) alternatives for commemorating and interpreting African 
     American burial grounds; and
       (5) best practices for preserving burial ground landscapes 
     and caring for artifacts.
       (c) Report.--Not later than 3 years after the date on which 
     funds are first made available to carry out the study under 
     subsection (a), the Secretary shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report describing--
       (1) the findings of the study; and
       (2) any recommendations of the Secretary.
                                 ______
                                 
  SA 2722. Mr. BROWN proposed an amendment to the bill S. 2827, to 
authorize the Secretary of the Interior to conduct a study of African 
American burial grounds, and for other purposes; as follows:

       Amend the title so as to read: ``A bill to authorize the 
     Secretary of the Interior to conduct a study of African 
     American burial grounds, and for other purposes.''.
                                 ______
                                 
  SA 2723. Mr. BLUNT (for Mr. Wicker) proposed an amendment to the bill 
S. 2346, to improve the Fishery Resource Disaster Relief program of the 
National Marine Fisheries Service, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fishery Failures: Urgently 
     Needed Disaster Declarations Act''.

     SEC. 2. FISHERY RESOURCE DISASTER RELIEF.

       Section 312(a) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1861a(a)) is amended to read as 
     follows:
       ``(a) Fishery Resource Disaster Relief.--
       ``(1) Definitions.--In this subsection:
       ``(A) Allowable cause.--The term `allowable cause' means a 
     natural cause, discrete anthropogenic cause, or undetermined 
     cause.
       ``(B) Anthropogenic cause.--The term `anthropogenic cause' 
     means an anthropogenic event, such as an oil spill or 
     spillway opening--
       ``(i) that could not have been addressed or prevented by 
     fishery management measures; and
       ``(ii) that is otherwise beyond the control of fishery 
     managers to mitigate through conservation and management 
     measures, including regulatory restrictions imposed as a 
     result of judicial action or to protect human health or 
     marine animals, plants, or habitats.
       ``(C) Fishery resource disaster.--The term `fishery 
     resource disaster' means a disaster that is determined by the 
     Secretary in accordance with this subsection and--
       ``(i) is an unexpected large decrease in fish stock biomass 
     or other change that results in significant loss of access to 
     the fishery resource, which may include loss of fishing 
     vessels and gear for a substantial period of time and results 
     in significant revenue or subsistence loss due to an 
     allowable cause; and
       ``(ii) does not include--

       ``(I) reasonably predictable, foreseeable, and recurrent 
     fishery cyclical variations in species distribution or stock 
     abundance; or
       ``(II) reductions in fishing opportunities resulting from 
     conservation and management measures taken pursuant to this 
     Act.

       ``(D) Indian tribe.--The term `Indian Tribe' has the 
     meaning given such term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), 
     and the term `Tribal' means of or pertaining to such an 
     Indian tribe.
       ``(E) Natural cause.--The term `natural cause'--
       ``(i) means a weather, climatic, hazard, or biology-related 
     event, such as--

       ``(I) a hurricane;
       ``(II) a flood;
       ``(III) a harmful algal bloom;
       ``(IV) a tsunami;
       ``(V) a hypoxic zone;
       ``(VI) a drought;
       ``(VII) El Nino effects on water temperature;
       ``(VIII) a marine heat wave; or
       ``(IX) disease; and

       ``(ii) does not mean a normal or cyclical variation in a 
     species distribution or stock abundance.
       ``(F) 12-month revenue loss.--The term `12-month revenue 
     loss' means the percentage reduction, as applicable, in 
     commercial, charter, headboat, or processor revenue for the 
     12 months during which the fishery resource disaster 
     occurred, when compared to average annual revenue in the most 
     recent 5 years when no fishery resource disaster occurred or 
     equivalent for stocks with cyclical life histories.
       ``(G) Undetermined cause.--The term `undetermined cause' 
     means a cause in which the current state of knowledge does 
     not allow the Secretary to identify the exact cause, and 
     there is no current conclusive evidence supporting a possible 
     cause of the fishery resource disaster.
       ``(2) General authority.--
       ``(A) In general.--The Secretary shall have the authority 
     to determine the existence, extent, and beginning and end 
     dates of a fishery resource disaster under this subsection in 
     accordance with this subsection.
       ``(B) Availability of funds.--After the Secretary 
     determines that a fishery resource disaster has occurred, the 
     Secretary is authorized to make sums available, from funds 
     appropriated for such purposes, to be used by the affected 
     State, Tribal government, or interstate marine fisheries 
     commission, or by the Secretary in cooperation with the 
     affected State, Tribal government, or interstate marine 
     fisheries commission.
       ``(C) Savings clause.--The requirements under this 
     subsection shall take effect only with respect to requests 
     for a fishery resource disaster determination submitted after 
     the date of enactment of the Fishery Failures: Urgently 
     Needed Disaster Declarations Act.
       ``(3) Initiation of a fishery resource disaster review.--
       ``(A) Eligible requesters.--Not later than 1 year after the 
     date of the conclusion of the fishing season, a request for a 
     fishery resource disaster determination may be submitted to 
     the Secretary, if the Secretary has not independently 
     determined that a fishery resource disaster has occurred, 
     by--
       ``(i) the Governor of an affected State;
       ``(ii) an official Tribal resolution; or
       ``(iii) any other comparable elected or politically 
     appointed representative as determined by the Secretary.
       ``(B) Required information.--A complete request for a 
     fishery resource disaster determination under subparagraph 
     (A) shall include--
       ``(i) identification of all presumed affected fish stocks;
       ``(ii) identification of the fishery as Federal, non-
     Federal, or both;
       ``(iii) the geographical boundaries of the fishery;
       ``(iv) preliminary information on causes of the fishery 
     resource disaster, if known; and
       ``(v) information needed to support a finding of a fishery 
     resource disaster, including--

       ``(I) information demonstrating the occurrence of an 
     unexpected large decrease in fish stock biomass or other 
     change that results in significant loss of access to the 
     fishery resource, which could include the loss of fishing 
     vessels and gear, for a substantial period of time;
       ``(II) 12-month revenue loss or subsistence loss for the 
     affected fishery, or if a fishery resource disaster has 
     occurred at any time in the previous 5-year period, the most 
     recent 5 years when no fishery resource disaster occurred;
       ``(III) if applicable, information on lost resource tax 
     revenues assessed by local communities, such as a raw fish 
     tax and local sourcing requirements; and
       ``(IV) if applicable and available, information on 12-month 
     revenue loss for charter, headboat, or processors related to 
     the information provided under subclause (I), subject to 
     section 402(b).

       ``(C) Assistance.--The Secretary may provide data and 
     analysis assistance to an eligible requester described in 
     paragraph (1), if--
       ``(i) the assistance is so requested;
       ``(ii) the Secretary is in possession of the required 
     information described in subparagraph (B); and
       ``(iii) the data is not available to the requester, in 
     carrying out the complete request under subparagraph (B).
       ``(D) Initiation of review.--The Secretary shall have the 
     discretion to initiate a fishery resource disaster review 
     without a request.
       ``(4) Review process.--
       ``(A) Interim response.--Not later than 20 days after 
     receipt of a request under paragraph (3), the Secretary shall 
     provide an interim response to the individual that--
       ``(i) acknowledges receipt of the request;
       ``(ii) provides a regional contact within the National 
     Oceanographic and Atmospheric Administration;
       ``(iii) outlines the process and timeline by which a 
     request shall be considered; and
       ``(iv) requests additional information concerning the 
     fishery resource disaster, if the original request is 
     considered incomplete.
       ``(B) Evaluation of requests.--
       ``(i) In general.--The Secretary shall complete a review, 
     within the time frame described in clause (ii), using the 
     best scientific information available, in consultation with 
     the affected fishing communities, States, or Tribes, of--

       ``(I) the information provided by the requester and any 
     additional information relevant to the fishery, which may 
     include--

       ``(aa) fishery characteristics;
       ``(bb) stock assessments;
       ``(cc) the most recent fishery independent surveys and 
     other fishery resource assessments and surveys conducted by 
     Federal, State, or Tribal officials;
       ``(dd) estimates of mortality; and
       ``(ee) overall effects; and

       ``(II) the available economic information, which may 
     include an analysis of--

       ``(aa) landings data;
       ``(bb) revenue;
       ``(cc) the number of participants involved;
       ``(dd) the number and type of jobs and persons impacted, 
     which may include--
       ``(AA) fishers;
       ``(BB) charter fishing operators;
       ``(CC) subsistence users;
       ``(DD) United States fish processors; and

[[Page S7879]]

       ``(EE) an owner of a related fishery infrastructure or 
     business affected by the disaster, such as a marina operator, 
     recreational fishing equipment retailer, or charter, 
     headboat, or tender vessel owner, operator, or crew;
       ``(ee) an impacted Indian Tribe;
       ``(ff) other forms of disaster assistance made available to 
     the fishery, including prior awards of disaster assistance 
     for the same event;
       ``(gg) the length of time the resource, or access to the 
     resource, has been restricted;
       ``(hh) status of recovery from previous fishery resource 
     disasters;
       ``(ii) lost resource tax revenues assessed by local 
     communities, such as a raw fish tax; and
       ``(jj) other appropriate indicators to an affected fishery, 
     as determined by the National Marine Fisheries Service.
       ``(ii) Time frame.--The Secretary shall complete the review 
     described in clause (i), if the fishing season, applicable to 
     the fishery--

       ``(I) has concluded or there is no defined fishing season 
     applicable to the fishery, not later than 120 days after the 
     Secretary receives a complete request for a fishery resource 
     disaster determination;
       ``(II) has not concluded, not later than 120 days after the 
     conclusion of the fishing season; or
       ``(III) is expected to be closed for the entire fishing 
     season, not later than 120 days after the Secretary receives 
     a complete request for a fishery resource disaster 
     determination.

       ``(C) Fishery resource disaster determination.--The 
     Secretary shall make the determination of a fishery resource 
     disaster based on the criteria for determinations listed in 
     paragraph (5).
       ``(D) Notification.--Not later than 14 days after the 
     conclusion of the review under this paragraph, the Secretary 
     shall notify the requester and the Governor of the affected 
     State or Tribal representative of the determination of the 
     Secretary.
       ``(5) Criteria for determinations.--
       ``(A) In general.--The Secretary shall make a determination 
     about whether a fishery resource disaster has occurred, based 
     on the revenue loss thresholds under subparagraph (B), and, 
     if a fishery resource disaster has occurred, whether the 
     fishery resource disaster was due to--
       ``(i) a natural cause;
       ``(ii) an anthropogenic cause;
       ``(iii) a combination of a natural cause and an 
     anthropogenic cause; or
       ``(iv) an undetermined cause.
       ``(B) Revenue loss thresholds.--
       ``(i) In general.--Based on the information provided or 
     analyzed under paragraph (4)(B), the Secretary shall apply 
     the following 12-month revenue loss thresholds in determining 
     whether a fishery resource disaster has occurred:

       ``(I) Losses greater than 80 percent may result in a 
     positive determination that a fishery resource disaster has 
     occurred, based on the information provided or analyzed under 
     paragraph (4)(B).
       ``(II) Losses between 35 percent and 80 percent shall be 
     evaluated to determine whether economic impacts are severe 
     enough to declare that a fishery resource disaster has 
     occurred.
       ``(III) Losses less than 35 percent shall not be eligible 
     for a determination that a fishery resource disaster has 
     occurred.

       ``(ii) Charter fishing.--In making a determination of 
     whether a fishery resource disaster has occurred, the 
     Secretary shall consider the economic impacts to the charter 
     fishing industry to ensure financial coverage for charter 
     fishing businesses.
       ``(iii) Subsistence loss.--In considering subsistence loss, 
     the Secretary shall evaluate the severity of loss to the 
     fishing community instead of applying the revenue loss 
     thresholds described in clause (i).
       ``(C) Ineligible fisheries.--A fishery subject to 
     overfishing in any of the 3 years preceding the date of a 
     determination under this subsection is not eligible for a 
     determination of whether a fishery resource disaster has 
     occurred unless the Secretary determines that overfishing was 
     not a contributing factor to the fishery resource disaster.
       ``(D) Exceptional circumstances.--In an exceptional 
     circumstance where substantial economic impacts to the 
     affected fishery and fishing community have been subject to a 
     disaster declaration under another statutory authority, such 
     as in the case of a natural disaster or from the direct 
     consequences of a Federal action taken to prevent, or in 
     response to, a natural disaster for purposes of protecting 
     life and safety, the Secretary may determine a fishery 
     resource disaster has occurred without a request.
       ``(6) Disbursal of appropriated funds.--
       ``(A) Authorization.--The Secretary shall allocate funds 
     available under paragraph (9) for fishery resource disasters.
       ``(B) Allocation of appropriated fishery resource disaster 
     assistance.--
       ``(i) Notification of funding availability.--When there are 
     appropriated funds for 1 or more fishery resource disasters, 
     the Secretary shall notify--

       ``(I) the public; and
       ``(II) representatives of affected fishing communities with 
     a positive disaster determination that is unfunded;

     of the availability of funds, not more than 14 days after the 
     date of the appropriation or the determination of a fishery 
     resource disaster, whichever occurs later.
       ``(ii) Extension of deadline.--The Secretary may extend the 
     deadline under clause (i) by 90 days to evaluate and make 
     determinations on eligible requests.
       ``(C) Considerations.--In determining the allocation of 
     appropriations for a fishery resource disaster, the Secretary 
     shall consider commercial, charter, headboat, or seafood 
     processing revenue losses and may consider the following 
     factors:
       ``(i) Direct economic impacts.
       ``(ii) Uninsured losses.
       ``(iii) Losses of subsistence and Tribal ceremonial fishing 
     opportunity.
       ``(iv) Losses of recreational fishing opportunity.
       ``(v) Aquaculture operations revenue loss.
       ``(vi) Direct revenue losses to a fishing community.
       ``(vii) Treaty obligations.
       ``(viii) Other economic impacts.
       ``(D) Spend plans.--To receive an allocation from funds 
     available under paragraph (9), a requester with an 
     affirmative fishery resource disaster determination shall 
     submit a spend plan to the Secretary, not more than 120 days 
     after receiving notification that funds are available, that 
     shall include the following information, if applicable:
       ``(i) Objectives and outcomes, with an emphasis on 
     addressing the factors contributing to the fishery resource 
     disaster and minimizing future uninsured losses, if 
     applicable.
       ``(ii) Statement of work.
       ``(iii) Budget details.
       ``(E) Regional contact.--If so requested, the Secretary 
     shall provide a regional contact within the National Oceanic 
     and Atmospheric Administration to facilitate review of spend 
     plans and disbursal of funds.
       ``(F) Disbursal of funds.--
       ``(i) Availability.--Funds shall be made available to 
     grantees not later than 90 days after the date the Secretary 
     receives a complete spend plan.
       ``(ii) Method.--The Secretary may provide an allocation of 
     funds under this subsection in the form of a grant, direct 
     payment, cooperative agreement, loan, or contract.
       ``(iii) Eligible uses.--

       ``(I) In general.--Funds allocated for fishery resources 
     disasters under this subsection shall restore the fishery 
     affected by such a disaster, prevent a similar disaster in 
     the future, or assist the affected fishing community, and 
     shall prioritize the following uses, which are not in order 
     of priority:

       ``(aa) Habitat conservation and restoration and other 
     activities, including scientific research, that reduce 
     adverse impacts to the fishery or improve understanding of 
     the affected species or its ecosystem.
       ``(bb) The collection of fishery information and other 
     activities that improve management of the affected fishery.
       ``(cc) In a commercial fishery, capacity reduction and 
     other activities that improve management of fishing effort, 
     including funds to offset budgetary costs to refinance a 
     Federal fishing capacity reduction loan or to repay the 
     principal of a Federal fishing capacity reduction loan.
       ``(dd) Developing, repairing, or improving fishery-related 
     public infrastructure.
       ``(ee) Direct assistance to a person, fishing community 
     (including assistance for lost fisheries resource levies), or 
     a business to alleviate economic loss incurred as a direct 
     result of a fishery resource disaster, particularly when 
     affected by a circumstance described in paragraph (5)(D).
       ``(ff) Hatcheries and stock enhancement to help rebuild the 
     affected stock or offset fishing pressure on the affected 
     stock.

       ``(II) Displaced fishery employees.--Where appropriate, 
     individuals carrying out the activities described in items 
     (aa) through (dd) of subclause (I) shall be individuals who 
     are, or were, employed in a commercial, charter, or Tribal 
     fishery for which the Secretary has determined that a fishery 
     resource disaster has occurred.

       ``(7) Limitations.--
       ``(A) Federal share.--
       ``(i) In general.--Except as provided in clauses (ii) and 
     (iii), the Federal share of the cost of any activity carried 
     out under the authority of this subsection shall not exceed 
     75 percent of the cost of that activity.
       ``(ii) Waiver.--The Secretary may waive the non-Federal 
     share requirements of this subsection, if the Secretary 
     determines that--

       ``(I) no reasonable means are available through which the 
     recipient of the Federal share can meet the non-Federal share 
     requirement; and
       ``(II) the probable benefit of 100 percent Federal 
     financing outweighs the public interest in imposition of the 
     non-Federal share requirement.

       ``(iii) Exception.--The Federal share shall be equal to 100 
     percent in the case of--

       ``(I) direct assistance as described in paragraph 
     (6)(F)(iii)(I)(hh); or
       ``(II) assistance to subsistence or Tribal fisheries.

       ``(B) Limitations on administrative expenses.--
       ``(i) Federal.--Not more than 3 percent of the funds 
     available under this subsection may be used for 
     administrative expenses by the National Oceanographic and 
     Atmospheric Administration.
       ``(ii) State or tribal governments.--Of the funds remaining 
     after the use described in clause (i), not more than 5 
     percent may be used by States, Tribal governments, or 
     interstate marine fisheries commissions for administrative 
     expenses.
       ``(C) Fishing capacity reduction program.--

[[Page S7880]]

       ``(i) In general.--No funds available under this subsection 
     may be used as part of a fishing capacity reduction program 
     in a fishery unless the Secretary determines that adequate 
     conservation and management measures are in place in such 
     fishery.
       ``(ii) Assistance conditions.--As a condition of providing 
     assistance under this subsection with respect to a vessel 
     under a fishing capacity reduction program, the Secretary 
     shall--

       ``(I) prohibit the vessel from being used for fishing in 
     Federal, State, or international waters; and
       ``(II) require that the vessel be--

       ``(aa) scrapped or otherwise disposed of in a manner 
     approved by the Secretary;
       ``(bb) donated to a nonprofit organization and thereafter 
     used only for purposes of research, education, or training; 
     or
       ``(cc) used for another non-fishing purpose provided the 
     Secretary determines that adequate measures are in place to 
     ensure that the vessel cannot reenter any fishery anywhere in 
     the world.
       ``(D) No fishery endorsement.--
       ``(i) In general.--A vessel that is prohibited from fishing 
     under subparagraph (C)(ii)(I) shall not be eligible for a 
     fishery endorsement under section 12113(a) of title 46, 
     United States Code.
       ``(ii) Noneffective.--A fishery endorsement for a vessel 
     described in clause (i) shall not be effective.
       ``(iii) No sale.--A vessel described in clause (i) shall 
     not be sold to a foreign owner or reflagged.
       ``(8) Public information on data collection.--The Secretary 
     shall make available and update as appropriate, information 
     on data collection and submittal best practices for the 
     information described in paragraph (4)(B).
       ``(9) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $377,000,000 for the period of fiscal years 2021 through 
     2026.''.

     SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT 
                   ACT.

       (a) Repeal.--Section 315 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1864) is repealed.
       (b) Report.--Section 113(b)(2) of the Magnuson-Stevens 
     Fishery Conservation and Management Reauthorization Act of 
     2006 (16 U.S.C. 460ss note) is amended--
       (1) in the paragraph heading, by striking ``Annual report'' 
     and inserting ``Report'';
       (2) in the matter preceding subparagraph (A), by striking 
     ``Not later than 2 years after the date of enactment of this 
     Act, and annually thereafter'' and inserting ``Not later than 
     2 years after the date of enactment of the Fishery Failures: 
     Urgently Needed Disaster Declarations Act, and biennially 
     thereafter''; and
       (3) in subparagraph (D), by striking ``the calendar year 
     2003'' and inserting ``the most recent''.

     SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

       (a) Repeal.--Section 308 of the Interjurisdictional 
     Fisheries Act of 1986 (16. U.S.C. 4107) is repealed.
       (b) Technical Edit.--Section 3(k)(1) of the Small Business 
     Act (15 U.S.C. 632(k)(1)) is amended by striking ``(as 
     determined by the Secretary of Commerce under section 308(b) 
     of the Interjurisdictional Fisheries Act of 1986)'' and 
     inserting ``(as determined by the Secretary of Commerce under 
     the Fishery Failures: Urgently Needed Disaster Declarations 
     Act)''.

     SEC. 5. BUDGET REQUESTS; REPORTS.

       (a) Budget Request.--In the budget justification materials 
     submitted to Congress in support of the budget of the 
     Department of Commerce for each fiscal year (as submitted 
     with the budget of the President under section 1105(a) of 
     title 31, United States Code), the Secretary of Commerce 
     shall include a separate statement of the amount requested to 
     be appropriated for that fiscal year for outstanding unfunded 
     fishery resource disasters.
       (b) Driftnet Act Amendments of 1990 Report and Bycatch 
     Reduction Agreements.--
       (1) In general.--The Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) is amended--
       (A) in section 202(h), by striking paragraph (3); and
       (B) in section 206--
       (i) by striking subsections (e) and (f); and
       (ii) by redesignating subsections (g) and (h) as 
     subsections (e) and (f), respectively.
       (2) Biennial report on international compliance.--Section 
     607 of the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826h) is amended--
       (A) by inserting ``(a) In General.--'' before ``The 
     Secretary'' and indenting appropriately; and
       (B) by adding at the end the following:
       ``(b) Additional Information.--In addition to the 
     information described in paragraphs (1) through (5) of 
     subsection (a), the report shall include--
       ``(1) a description of the actions taken to carry out the 
     provisions of section 206 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826), including--
       ``(A) an evaluation of the progress of those efforts, the 
     impacts on living marine resources, including available 
     observer data, and specific plans for further action;
       ``(B) a list and description of any new fisheries developed 
     by nations that conduct, or authorize their nationals to 
     conduct, large-scale driftnet fishing beyond the exclusive 
     economic zone of any nation; and
       ``(C) a list of the nations that conduct, or authorize 
     their nationals to conduct, large-scale driftnet fishing 
     beyond the exclusive economic zone of any nation in a manner 
     that diminishes the effectiveness of or is inconsistent with 
     any international agreement governing large-scale driftnet 
     fishing to which the United States is a party or otherwise 
     subscribes; and
       ``(2) a description of the actions taken to carry out the 
     provisions of section 202(h) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1822(h)).
       ``(c) Certification.--If, at any time, the Secretary, in 
     consultation with the Secretary of State and the Secretary of 
     the department in which the Coast Guard is operating, 
     identifies any nation that warrants inclusion in the list 
     described under subsection (b)(1)(C), due to large scale 
     drift net fishing, the Secretary shall certify that fact to 
     the President. Such certification shall be deemed to be a 
     certification for the purposes of section 8(a) of the 
     Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
                                 ______
                                 
  SA 2724. Mr. BLUNT (for Mr. Van Hollen (for himself and Mr. Sasse)) 
proposed an amendment to the bill S. 3952, to require the imposition of 
sanctions with respect to foreign persons that have engaged in 
significant theft of trade secrets of United States persons, and for 
other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting American 
     Intellectual Property Act of 2020''.

     SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THEFT OF 
                   TRADE SECRETS OF UNITED STATES PERSONS.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than every 
     180 days thereafter, the President shall submit to the 
     appropriate congressional committees a report--
       (A) identifying, for the 180-day period preceding 
     submission of the report--
       (i) any foreign person that has knowingly engaged in, or 
     benefitted from, significant theft of trade secrets of United 
     States persons, if the theft of such trade secrets is 
     reasonably likely to result in, or has materially contributed 
     to, a significant threat to the national security, foreign 
     policy, or economic health or financial stability of the 
     United States;
       (ii) any foreign person that has provided significant 
     financial, material, or technological support for, or goods 
     or services in support of or to benefit significantly from, 
     such theft;
       (iii) any entity owned or controlled by, or that has acted 
     or purported to act for or on behalf of, directly or 
     indirectly, any foreign person identified under clause (i) or 
     (ii); and
       (iv) any foreign person that is a chief executive officer 
     or member of the board of directors of any foreign entity 
     identified under clause (i) or (ii); and
       (B) describing the nature, objective, and outcome of the 
     theft of trade secrets each foreign person described in 
     subparagraph (A)(i) engaged in or benefitted from; and
       (C) assessing whether any chief executive officer or member 
     of the board of directors described in clause (iv) of 
     subparagraph (A) engaged in, or benefitted from, activity 
     described in clause (i) or (ii) of that subparagraph.
       (2) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (b) Authority to Impose Sanctions.--
       (1) Sanctions applicable to entities.--In the case of a 
     foreign entity identified under subparagraph (A) of 
     subsection (a)(1) in the most recent report submitted under 
     that subsection, the President shall impose one of the 
     following:
       (A) Blocking of property.--The President may, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in all 
     property and interests in property of the entity if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (B) Inclusion on entity list.--The President may include 
     the entity on the entity list maintained by the Bureau of 
     Industry and Security of the Department of Commerce and set 
     forth in Supplement No. 4 to part 744 of the Export 
     Administration Regulations, for activities contrary to the 
     national security or foreign policy interests of the United 
     States.
       (2) Sanctions applicable to individuals.--In the case of an 
     individual identified under subparagraph (A) of subsection 
     (a)(1) in the most recent report submitted under that 
     subsection, the following shall apply:
       (A) Blocking of property.--The President shall, pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), block and prohibit all transactions in all 
     property and interests in property of the individual if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (B) Visa ban; exclusion.--The Secretary of State shall deny 
     a visa to the individual and revoke, in accordance with 
     section 221(i) of

[[Page S7881]]

     the Immigration and Nationality Act (8 U.S.C. 1201(i)), any 
     visa or other documentation of the individual, and the 
     Secretary of Homeland Security shall exclude the individual 
     from the United States.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     paragraph (1)(A) or (2)(A) of subsection (b) or any 
     regulation, license, or order issued to carry out that 
     paragraph shall be subject to the penalties set forth in 
     subsections (b) and (c) of section 206 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
     extent as a person that commits an unlawful act described in 
     subsection (a) of that section.
       (d) National Interest Waiver.--The President may waive the 
     imposition of sanctions under subsection (b) with respect to 
     a person if the President--
       (1) determines that such a waiver is in the national 
     interests of the United States; and
       (2) not more than 15 days after issuing the waiver, submits 
     to the appropriate congressional committees a notification of 
     the waiver and the reasons for the waiver.
       (e) Termination of Sanctions.--Sanctions imposed under 
     subsection (b) with respect to a foreign person identified in 
     a report submitted under subsection (a) shall terminate if 
     the President certifies to the appropriate congressional 
     committees, before the termination takes effect, that the 
     person is no longer engaged in the activity identified in the 
     report.
       (f) Exceptions.--
       (1) Intelligence activities.--This section shall not apply 
     with respect to activities subject to the reporting 
     requirements under title V of the National Security Act of 
     1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
     activities of the United States.
       (2) Law enforcement activities.--Sanctions under this 
     section shall not apply with respect to any authorized law 
     enforcement activities of the United States.
       (3) Exception to comply with international agreements.--
     Subsection (b)(2)(B) shall not apply with respect to the 
     admission of an individual to the United States if such 
     admission is necessary to comply with the obligations of the 
     United States under 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, under the Convention on 
     Consular Relations, done at Vienna April 24, 1963, and 
     entered into force March 19, 1967, or under other 
     international agreements.
       (g) Exception Relating to Importation of Goods.--
       (1) In general.--The authority or a requirement to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (2) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) Export administration regulations.--The term ``Export 
     Administration Regulations'' means subchapter C of chapter 
     VII of title 15, Code of Federal Regulations.
       (3) Foreign entity.--The term ``foreign entity'' means an 
     entity that is not a United States person.
       (4) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (5) Trade secret.--The term ``trade secret'' has the 
     meaning given that term in section 1839 of title 18, United 
     States Code.
       (6) Person.--The term ``person'' means an individual or 
     entity.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) 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; or
       (C) any person in the United States.
                                 ______
                                 
  SA 2725. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2724 proposed by Mr. Blunt (for Mr. Van Hollen (for 
himself and Mr. Sasse)) to the bill S. 3952, to require the imposition 
of sanctions with respect to foreign persons that have engaged in 
significant theft of trade secrets of United States persons, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 3, line 22, of the amendment, insert ``, subject to 
     subsection (h),'' after ``shall''.
       On page 4, line 19, of the amendment, insert ``, subject to 
     subsection (h),'' after ``shall''.
       On page 6, line 4, of the amendment, insert ``, subject to 
     subsection (h),'' after ``may''.
       On page 6, line 12, of the amendment, strike ``Sanctions'' 
     and insert ``Subject to subsection (h), sanctions''.
       On page 8 of the amendment, between lines 3 and 4, insert 
     the following:
       (h) Congressional Review.--
       (1) Submission to congress of proposed action.--
       (A) In general.--Notwithstanding any other provision of 
     this section or any other provision of law, before taking any 
     action described in subparagraph (B), the President shall 
     submit to Congress a report that describes the proposed 
     action and the reasons for that action.
       (B) Actions described.--An action described in this 
     paragraph is an action--
       (i) to impose sanctions under subsection (b) with respect 
     to a person; or
       (ii) to waive under subsection (d) or terminate under 
     subsection (e) the application of any such sanctions.
       (2) Period for review by congress.--
       (A) In general.--During the period of 45 calendar days 
     beginning on the date on which the President submits a report 
     under paragraph (1)(A), the appropriate congressional 
     committees should, as appropriate, hold hearings and 
     briefings and otherwise obtain information in order to fully 
     review the report.
       (B) Limitation on actions during initial congressional 
     review period.--Notwithstanding any other provision of law, 
     during the period for congressional review provided for under 
     subparagraph (A) of a report submitted under paragraph (1)(A) 
     proposing an action described in paragraph (1)(B), the 
     President may not take that action.
       (C) Limitation on actions during congressional 
     reconsideration of a joint resolution of disapproval.--
     Notwithstanding any other provision of law, if a joint 
     resolution of disapproval relating to a report submitted 
     under paragraph (1)(A) proposing an action described in 
     paragraph (1)(B) passes both Houses of Congress in accordance 
     with paragraph (3), and the President vetoes the joint 
     resolution, the President may not take that action for a 
     period of 10 calendar days after the date of the President's 
     veto.
       (D) Effect of enactment of a joint resolution of 
     disapproval.--Notwithstanding any other provision of law, if 
     a joint resolution of disapproval relating to a report 
     submitted under paragraph (1)(A) proposing an action 
     described in paragraph (1)(B) is enacted in accordance with 
     paragraph (3), the President may not take that action.
       (3) Joint resolutions of disapproval.--
       (A) Joint resolution of disapproval defined.--In this 
     subsection, the term ``joint resolution of disapproval'' 
     means only a joint resolution of either House of Congress--
       (i) the title of which is as follows: ``A joint resolution 
     disapproving the President's proposal to take an action 
     relating to the application of certain sanctions with respect 
     to the theft of trade secrets of United States persons.''; 
     and
       (ii) the sole matter after the resolving clause of which is 
     the following: ``Congress disapproves of the action relating 
     to the application of sanctions imposed with respect to the 
     theft of trade secrets of United States persons proposed by 
     the President in the report submitted to Congress under 
     section 2(h)(1)(A) of the Protecting American Intellectual 
     Property Act of 2020 on _______ relating to ________.'', with 
     the first blank space being filled with the appropriate date 
     and the second blank space being filled with a short 
     description of the proposed action.
       (B) Introduction.--During the period of 45 calendar days 
     provided for under paragraph (2)(A), a joint resolution of 
     disapproval may be introduced in the House of Representatives 
     or the Senate by any Member.
       (C) Floor consideration in house of representatives.--
       (i) Reporting and discharge.--If a committee of the House 
     of Representatives to which a joint resolution of disapproval 
     has been referred has not reported the joint resolution 
     within 10 calendar days after the date of referral, that 
     committee shall be discharged from further consideration of 
     the joint resolution, and it shall be placed on the 
     appropriate calendar.
       (ii) Proceeding to consideration.--On Thursdays it shall be 
     in order at any time for the Speaker to recognize a Member 
     who favors passage of a joint resolution of disapproval that 
     has appeared on the calendar for at least 3 calendar days to 
     call up that join resolution for immediate consideration in 
     the House without intervention of any point of order.
       (iii) Period for debate.--When called up, a joint 
     resolution of disapproval shall be considered as read and 
     shall be debatable for 2 hours equally divided and controlled 
     by the proponent and an opponent, and the previous question 
     shall be considered as ordered to its passage without 
     intervening motion.
       (iv) Vote on final passage.--It shall not be in order to 
     reconsider the vote on passage of a joint resolution of 
     disapproval. If a vote on final passage of the joint 
     resolution has not been taken on or before the close of the 
     tenth calendar day after the resolution is reported by the 
     committee or committees to which it was referred, or after 
     such committee or committees have been discharged

[[Page S7882]]

     from further consideration of the resolution, such vote shall 
     be taken on that day.
       (D) Consideration in the senate.--
       (i) Reporting and discharge.--If the committee of the 
     Senate to which a joint resolution of disapproval was 
     referred has not reported the joint resolution within 10 
     calendar days after the date of referral of the joint 
     resolution, that committee shall be automatically discharged 
     from further consideration of the joint resolution and the 
     joint resolution shall be placed on the appropriate calendar.
       (ii) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, it is in order at 
     any time after the committee of the Senate to which a joint 
     resolution of disapproval was referred reports the joint 
     resolution of disapproval to the Senate or has been 
     discharged from consideration of such a joint resolution 
     (even though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     joint resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) are waived. The motion to proceed is not 
     debatable. The motion is not subject to a motion to postpone. 
     A motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order.
       (iii) Floor consideration.--A joint resolution of 
     disapproval shall be subject to 10 hours of debate, to be 
     divided evenly between proponents and opponents of the 
     resolution.
       (iv) Amendments.--No amendments shall be in order with 
     respect to a joint resolution of disapproval.
       (v) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution of disapproval shall be 
     decided without debate.
       (vi) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a joint resolution of 
     disapproval, including all debatable motions and appeals in 
     connection with the joint resolution, shall be limited to 10 
     hours, to be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       (E) Rules relating to senate and house of 
     representatives.--
       (i) Treatment of senate joint resolution in house.--In the 
     House of Representatives, the following procedures shall 
     apply to a joint resolution of disapproval received from the 
     Senate (unless the House has already passed a joint 
     resolution relating to the same proposed action):

       (I) The joint resolution shall be referred to the 
     appropriate committees.
       (II) If a committee to which a joint resolution has been 
     referred has not reported the joint resolution within 2 
     calendar days after the date of referral, that committee 
     shall be discharged from further consideration of the joint 
     resolution.
       (III) Beginning on the third legislative day after each 
     committee to which a joint resolution has been referred 
     reports the joint resolution to the House or has been 
     discharged from further consideration thereof, it shall be in 
     order to move to proceed to consider the joint resolution in 
     the House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       (IV) The joint resolution shall be considered as read. All 
     points of order against the joint resolution and against its 
     consideration are waived. The previous question shall be 
     considered as ordered on the joint resolution to final 
     passage without intervening motion except 2 hours of debate 
     equally divided and controlled by the sponsor of the joint 
     resolution (or a designee) and an opponent. A motion to 
     reconsider the vote on passage of the joint resolution shall 
     not be in order.

       (ii) Treatment of house joint resolution in senate.--

       (I) Receipt before passage.--If, before the passage by the 
     Senate of a joint resolution of disapproval, the Senate 
     receives an identical joint resolution from the House of 
     Representatives, the following procedures shall apply:

       (aa) That joint resolution shall not be referred to a 
     committee and shall be placed on the appropriate calendar.
       (bb) With respect to that joint resolution--
       (AA) the procedure in the Senate shall be as described in 
     clauses (ii) through (v) of subparagraph (D); but
       (BB) the vote on passage shall be on the joint resolution 
     from the House of Representatives.

       (II) Receipt after passage.--If, following passage of a 
     joint resolution of disapproval in the Senate, the Senate 
     receives an identical joint resolution from the House of 
     Representatives, that joint resolution shall be placed on the 
     appropriate Senate calendar.
       (III) No companion measure.--If a joint resolution of 
     disapproval is received from the House, and no companion 
     joint resolution has been introduced in the Senate, the 
     Senate procedures described in subparagraph (D) shall apply 
     to the House joint resolution.

       (iii) Application to revenue measures.--The provisions of 
     this subparagraph shall not apply in the House of 
     Representatives to a joint resolution of disapproval that is 
     a revenue measure.
       (F) Rules of house of representatives and senate.--This 
     paragraph is enacted by Congress--
       (i) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (ii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
  Mr. LANKFORD. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCOTT of South Carolina. Mr. President, I ask unanimous consent 
that the order for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Lankford). Without objection, it is so 
ordered.

                          ____________________