[Congressional Record (Bound Edition), Volume 160 (2014), Part 8]
[Senate]
[Pages 10745-10746]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3375. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

             TITLE III--GULF OF MEXICO RED SNAPPER FISHERY

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Gulf states.--The term ``Gulf States'' means the States 
     of Alabama, Florida, Louisiana, Mississippi, and Texas.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 302. FISHERY MANAGEMENT RIGHTS.

       (a) In General.--Subject to subsection (b), not later than 
     120 days after the date of enactment of this Act, the 
     Secretary shall grant to the Gulf States exclusive fishery 
     management authority over the red snapper fish (lutjanus 
     campechanus) in the Gulf of Mexico in the area located 
     between the coast line of each Gulf State and the point that 
     is 200 miles seaward of the coast line of each Gulf State, 
     consistent with the jurisdictional limit of the exclusive 
     economic zone.
       (b) Agreement Between Governors.--
       (1) In general.--The grant of authority under subsection 
     (a) is contingent on the condition that not later than 180 
     days after the date on which the Secretary grants the 
     authority, the Governors of each of the Gulf States--
       (A) agree on a fishery management plan governing management 
     of the red snapper fish (lutjanus campechanus); and
       (B) certify in writing to the Secretary that the Governors 
     have entered into that agreement.
       (2) Reversion.--If the Governors fail to enter into an 
     agreement under paragraph (1), the authority granted to the 
     Governors under subsection (a) shall revert to the Secretary.
                                 ______
                                 
  SA 3376. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2363, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRANSPARENCY OF REGIONAL FISHERY MANAGEMENT COUNCIL 
                   MEETINGS.

       (a) Open Meetings.--Section 302(i)(2) of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1852(i)(2)) is amended--
       (1) in subparagraph (E), by striking ``session,'' and 
     inserting ``session that is not subject to paragraph 
     (3)(C),''; and
       (2) by adding at the end the following new subparagraph:
       ``(G) Any member of a Council, committee, or panel who 
     intends to use a document, exhibit, fact, or statistic at an 
     open or closed meeting of the Council, committee, or panel 
     shall provide to all other members of the Council, committee, 
     or panel the source of the document, exhibit, fact, or 
     statistic not less than 48 hours prior to the meeting.''.
       (b) Closed Meetings.--Section 302(i)(3) of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1852(i)(3)) is amended--
       (1) in subparagraph (B), by striking the second sentence; 
     and
       (2) by adding at the end the following:
       ``(C) For any closed meeting, or portion thereof, of a 
     Council, of the Council coordination committee established 
     under subsection (l), and of the scientific and statistical 
     committees or other committees or advisory panels established 
     under subsection (g) that is closed under this paragraph on 
     the basis that the meeting concerns matters or information 
     that pertains to employment matters, the Council, committee, 
     or panel shall maintain detailed minutes as described in 
     paragraph (2)(E) and complete transcripts. Such minutes and 
     transcripts shall be available to any court of competent 
     jurisdiction.''.
                                 ______
                                 
  SA 3377. Mr. LEVIN (for himself, Mr. McCain, Mr. Rockefeller, and Mr. 
Coburn) submitted an amendment intended to be proposed by him to the 
bill S. 2410, to authorize appropriations for fiscal year 2015 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XVI, add the following:

     SEC. 1647. ACTIONS TO ADDRESS ECONOMIC OR INDUSTRIAL 
                   ESPIONAGE IN CYBERSPACE.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on foreign economic and industrial 
     espionage in cyberspace during the 12-month period preceding 
     the submission of the report that--
       (A) identifies--
       (i) foreign countries that engage in economic or industrial 
     espionage in cyberspace with respect to trade secrets or 
     proprietary information owned by United States persons;
       (ii) foreign countries identified under clause (i) that the 
     President determines engage in the most egregious economic or 
     industrial espionage in cyberspace with respect to such trade 
     secrets or proprietary information (in this section referred 
     to as ``priority foreign countries'');
       (iii) technologies or proprietary information developed by 
     United States persons that--

       (I) are targeted for economic or industrial espionage in 
     cyberspace; and
       (II) to the extent practicable, have been appropriated 
     through such espionage;

       (iv) articles manufactured or otherwise produced using 
     technologies or proprietary information described in clause 
     (iii)(II); and
       (v) to the extent practicable, services provided using such 
     technologies or proprietary information;
       (B) describes the economic or industrial espionage engaged 
     in by the foreign countries identified under clauses (i) and 
     (ii) of subparagraph (A); and
       (C) describes--
       (i) actions taken by the President to decrease the 
     prevalence of economic or industrial espionage in cyberspace; 
     and
       (ii) the progress made in decreasing the prevalence of such 
     espionage.
       (2) Determination of foreign countries engaging in economic 
     or industrial espionage in cyberspace.--For purposes of 
     clauses (i) and (ii) of paragraph (1)(A), the President shall 
     identify a foreign country as a foreign country that engages 
     in economic or industrial espionage in cyberspace with 
     respect to trade secrets or proprietary information owned by 
     United States persons if the government of the foreign 
     country--
       (A) engages in economic or industrial espionage in 
     cyberspace with respect to trade secrets or proprietary 
     information owned by United States persons; or
       (B) facilitates, supports, fails to prosecute, or otherwise 
     permits such espionage by--
       (i) individuals who are citizens or residents of the 
     foreign country; or
       (ii) entities that are organized under the laws of the 
     foreign country or are otherwise subject to the jurisdiction 
     of the government of the foreign country.
       (3) Form of report.--Each report required by paragraph (1) 
     shall be submitted in unclassified form but may contain a 
     classified annex.
       (b) Imposition of Sanctions.--
       (1) In general.--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 each person described in 
     paragraph (2), 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.
       (2) Persons described.--A person described in this 
     paragraph is a foreign person the President determines 
     knowingly requests, engages in, supports, facilitates, or 
     benefits from the significant appropriation, through economic 
     or industrial espionage in cyberspace, of technologies or 
     proprietary information developed by United States persons.

[[Page 10746]]

       (3) Exception.--The authority to impose sanctions under 
     paragraph (1) shall not include the authority to impose 
     sanctions on the importation of goods.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Finance, the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Homeland Security, the Committee on Financial Services, the 
     Committee on Foreign Affairs, the Committee on Ways and 
     Means, and the Permanent Select Committee on Intelligence of 
     the House of Representatives.
       (2) Cyberspace.--The term ``cyberspace''--
       (A) means the interdependent network of information 
     technology infrastructures; and
       (B) includes the Internet, telecommunications networks, 
     computer systems, and embedded processors and controllers.
       (3) Economic or industrial espionage.--The term ``economic 
     or industrial espionage'' means--
       (A) stealing a trade secret or proprietary information or 
     appropriating, taking, carrying away, or concealing, or by 
     fraud, artifice, or deception obtaining, a trade secret or 
     proprietary information without the authorization of the 
     owner of the trade secret or proprietary information;
       (B) copying, duplicating, downloading, uploading, 
     destroying, transmitting, delivering, sending, communicating, 
     or conveying a trade secret or proprietary information 
     without the authorization of the owner of the trade secret or 
     proprietary information; or
       (C) knowingly receiving, buying, or possessing a trade 
     secret or proprietary information that has been stolen or 
     appropriated, obtained, or converted without the 
     authorization of the owner of the trade secret or proprietary 
     information.
       (4) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (5) Own.--The term ``own'', with respect to a trade secret 
     or proprietary information, means to hold rightful legal or 
     equitable title to, or license in, the trade secret or 
     proprietary information.
       (6) Person.--The term ``person'' means an individual or 
     entity.
       (7) Proprietary information.--The term ``proprietary 
     information'' means competitive bid preparations, negotiating 
     strategies, executive emails, internal financial data, 
     strategic business plans, technical designs, manufacturing 
     processes, source code, data derived from research and 
     development investments, and other commercially valuable 
     information that a person has developed or obtained if--
       (A) the person has taken reasonable measures to keep the 
     information confidential; and
       (B) the information is not generally known or readily 
     ascertainable through proper means by the public.
       (8) Technology.--The term ``technology'' has the meaning 
     given that term in section 16 of the Export Administration 
     Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.)).
       (9) Trade secret.--The term ``trade secret'' has the 
     meaning given that term in section 1839 of title 18, United 
     States Code.
       (10) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a citizen or resident of the 
     United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States.

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