Congressional Record publishes “TEXT OF AMENDMENTS” on Aug. 6, 2020

Volume 166, No. 140 covering the 2nd Session of the 116th Congress (2019 - 2020) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S5299-S5345 on Aug. 6, 2020.

The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2595. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS AND

RANCHERS UNDER THE PAYCHECK PROTECTION PROGRAM.

Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended--

(1) in subparagraph (E), in the matter preceding clause

(i), by striking ``During'' and inserting ``Except as provided in subparagraph (T), during''; and

(2) by adding at the end the following:

``(T) Calculation of maximum loan amount for farmers and ranchers.--

``(i) Definition.--In this subparagraph, the term `covered recipient' means an eligible recipient that--

``(I) operates as a sole proprietorship or as an independent contractor, or is an eligible self-employed individual;

``(II) reports farm income or expenses on a Schedule F (or any equivalent successor schedule); and

``(III) was in business during the period beginning on February 15, 2019, and ending on June 30, 2019.

``(ii) No employees.--With respect to covered recipient without employees, the maximum covered loan amount shall be the lesser of--

``(I) the sum of--

``(aa) the product obtained by multiplying--

``(AA) the gross income of the covered recipient in 2019, as reported on a Schedule F (or any equivalent successor schedule), that is not more than $100,000, divided by 12; and

``(BB) 2.5; and

``(bb) the outstanding amount of a loan under subsection

(b)(2) that was made during the period beginning on January 31, 2020, and ending on April 3, 2020, that the borrower intends to refinance under the covered loan, not including any amount of any advance under the loan that is not required to be repaid; or

``(II) $2,000,000.

``(iii) With employees.--With respect to a covered recipient with employees, the maximum covered loan amount shall be calculated using the formula described in subparagraph (E), except that the gross income of the covered recipient described in clause (ii)(I)(aa)(AA) of this subparagraph, as divided by 12, shall be added to the sum calculated under subparagraph (E)(i)(I).

``(iv) Recalculation.--A lender that made a covered loan to a covered recipient before the date of enactment of this subparagraph may, at the request of the covered recipient--

``(I) recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause

(ii) or (iii), as applicable, if doing so would result in a larger covered loan amount; and

``(II) provide the covered recipient with additional covered loan amounts based on that recalculation.''.

______

SA 2596. Mr. MORAN submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXTENDED AVAILABILITY FOR CORONAVIRUS RELIEF FUND

PAYMENTS USED IN ACCORDANCE WITH A QUALIFYING

ECONOMIC DEVELOPMENT PLAN.

Section 601(d) of the Social Security Act (42 U.S.C. 801(d)) is amended to read as follows:

``(d) Use of Funds; Availability.--

``(1) In general.--A State, Tribal government, and unit of local government shall use the funds provided under a payment made under this section to cover only those costs of the State, Tribal government, or unit of local government that--

``(A) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019

(COVID-19);

``(B) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and

``(C) subject to paragraph (2), were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.

``(2) Extended availability for funds used in accordance with a qualifying economic development plan.--

``(A) In general.--Notwithstanding subparagraph (C) of paragraph (1), funds provided under a payment made under this section shall remain available to a State, Tribal government, or unit of local government until December 31, 2022, for obligation by the State or government--

``(i) for costs of the State or government that--

``(I) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019

(COVID-19); and

``(II) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and

``(ii) in accordance with a qualifying economic development plan.

``(B) Availability.--Any funds obligated under subparagraph

(A) as of the date specified in such subparagraph shall remain available until expended.

``(C) Certification requirement.--In order to use funds provided under a payment under this section in accordance with this paragraph, a State, Tribal government, or unit of local government shall provide the Secretary with a certification signed by the Chief Executive of the State or government that the proposed uses of the funds under the qualifying economic development plan are consistent with the requirements of subparagraph (A)(i).

``(D) Qualifying economic development plan.--For purposes of subparagraph (A), the term `qualifying economic development plan' means, with respect to a State or government, a plan for using funds paid or distributed to the State or government under this section to respond to the COVID-19 public health emergency that is approved by the State or the governing board of a university before December 30, 2020.''.

______

SA 2597. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DIRECT APPROPRIATION TO MBDA.

(a) Definition.--In this section, the term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

(b) Appropriation.--There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, $10,000,000 under the heading

``Department of Commerce--Minority Business Development Agency'' for minority business centers of the Minority Business Development Agency of the Department of Commerce to provide technical assistance to small business concerns.

(1) In general.--The amounts provided under this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.

______

SA 2598. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. USE OF PPP LOANS FOR SUPPLIER COSTS.

(a) In General.--Section 7(a)(36)(F)(i) of the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended--

(1) in subclause (VI), by striking ``and'' at the end;

(2) in subclause (VII), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(VIII) covered supplier costs, as defined in section 1106(a) of the CARES Act (15 U.S.C. 9005(a)).''.

(b) Loan Forgiveness.--Section 1106 of the CARES Act (15 U.S.C. 9005) is amended--

(1) in subsection (a)--

(A) by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (8), and (9), respectively;

(B) by inserting after paragraph (4) the following:

``(5) the term `covered supplier cost' means an expenditure made by an entity to a supplier of goods pursuant to a contract in effect before February 15, 2020 for the supply of goods that are essential to the operations of the entity at the time at which the expenditure is made;'';

(i) in subparagraph (C), by striking ``and'' at the end; and

(ii) by adding at the end the following:

``(E) covered supplier costs; and'';

(2) in subsection (b) by adding at the end the following:

``(5) Any covered supplier cost.'';

(3) in subsection (d)(8), by inserting ``any payment on any covered supplier cost,'' after ``rent obligation,''; and

(4) in subsection (e)--

(A) in paragraph (2), by inserting ``payments on covered supplier costs'' after ``lease obligations,''; and

(B) in paragraph (3)(B), by inserting ``make payments on covered supplier costs,'' after ``rent obligation,''.

(Public Law 116-136) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)).

______

SA 2599. Mr. LEE submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ELIMINATION OF MAINTENANCE OF EFFORT REQUIREMENTS.

(a) In General.--Section 6008 of the Families First Coronavirus Response Act (Public Law 116-127) is amended--

(1) in subsection (b), by striking ``with respect to a quarter'' and all that follows through ``the State does not'' and inserting ``with respect to a quarter, if the State does not''; and

(2) by striking subsection (d).

(b) Effective Date.--The amendment made by subsection

(a)(1) shall take effect as if included in the enactment of the Families First Coronavirus Response Act (Public Law 116-127).

______

SA 2600. Mr. LEE submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. STATE VALIDATION AND APPROVAL OF IN VITRO DIAGNOSTIC

TESTS.

(a) In General.--Notwithstanding any other provision of law, including any provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 353 of the Public Health Service Act (42 U.S.C. 263a), a State may validate and approve for use in the State an in vitro diagnostic test (as defined in section 809.3 of title 21, Code of Federal Regulations (or successor regulations)), for use and distribution within the applicable State only, in accordance with such processes and standards as the State may require.

(b) No Requirement to Notify FDA.--The manufacturer of an in vitro diagnostic test validated and approved by a State under subsection (a) shall not be required, with respect to the use of such test in such State, to notify the Food and Drug Administration, receive approval from the Food and Drug Administration, or report results to the Food and Drug Administration.

(c) No Applicability of CLIA Requirement.--The requirements of section 353 of the Public Health Service Act (42 U.S.C. 263a) shall not apply with respect to a test validated and approved by a State, to the extent such test is used only within that State.

______

SA 2601. Mr. LEE submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. MAIN STREET LENDING PROGRAM.

(a) In General.--Not later than 7 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall make the following changes to the Main Street Lending Program established by the Board of Governors:

(1) Eliminate any minimum loan amount under the Program.

(2) Eliminate any servicing fee imposed on a lender with respect to the initiation or purchase of any loan under the Program.

(3) Provide that--

(A) there shall not be a minimum interest rate for any loan covered under the Program; and

(B) the Board of Governors may establish a maximum interest rate for any loan covered under the Program.

(b) Transfer of Appropriations.--

(1) Transfer.--Effective on the date that is 7 days after the date of enactment of this Act, and notwithstanding any other provision of law, the Secretary of the Treasury shall transfer to the fund established under section 5302(a)(1) of title 31, United States Code, from the unobligated balances of the amounts made available under section 1107(a)(1) of the CARES Act (15 U.S.C. 9006(a)(1)), the lesser of the amount of such unobligated balances or $6,000,000,000.

(2) Characteristics of transferred amounts.--The amounts transferred under paragraph (1)--

(A) notwithstanding section 5302(a)(1) of title 31, United States Code, shall be available to the Secretary of the Treasury, without further appropriation, to, in accordance with the changes made by subsection (a), make loans, loan guarantees, and other investments under the Main Street Lending Program established by the Board of Governors of the Federal Reserve System; and

(B) shall remain available until January 1, 2026.

______

SA 2602. Mr. LEE submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. STUDY, REPORT, AND MODELING TOOL RELATING TO THE

TAX EQUIVALENT AMOUNT OF PAYMENTS UNDER THE

PAYMENT IN LIEU OF TAXES PROGRAM.

(a) Findings.--Congress finds that--

(1) Congress agreed with recommendations of a Federal commission that, if Federal land is to be retained by the Federal Government and not contribute to the tax bases of the local governments within the jurisdictions of which the land is located, compensation should be offered to those local governments to make up for the presence of nontaxable land within the jurisdictions of those local governments;

(2) local governments rely on the stability of property tax revenues, but no precise figure can be given in advance for the authorization level of the payment in lieu of taxes program;

(3) Federal agencies have determined that payments to local governments under the payment in lieu of taxes program are far lower than what would be due to local governments under tax equivalency;

(4) payments under the payment in lieu of taxes program help local governments carry out vital services, such as firefighting, police protection, public education, construction of public schools, construction of roads, and search-and-rescue operations; and

(5) the technology exists to more accurately determine what the taxable value of land held by the Federal Government would be if that land were taxable by local governments.

(b) Sense of Congress.--It is the sense of Congress that the Federal Government should--

(1) determine the amount that payments under the payment in lieu of taxes program would be if those payments were equivalent to the tax revenues that local governments would otherwise receive for the same land; and

(2) compensate those local governments accordingly.

(1) Payment in lieu of taxes program.--The term ``payment in lieu of taxes program'' means the payment in lieu of taxes program established under chapter 69 of title 31, United States Code.

(2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(3) Tax equivalent amount.--The term ``tax equivalent amount'', with respect to payments under the payment in lieu of taxes program, means the amount of property tax revenues that would be generated for local governments (including the tax revenues of States, counties, cities, and other taxing jurisdictions, as applicable) for the Federal land eligible for those payments if that land were privately owned.

(d) Study, Report, and Model on Tax Equivalent Amount of PILT Payments.--

(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture and the head of any other Federal agency that the Secretary determines to be appropriate, shall--

(A) conduct a study--

(i) to evaluate all land eligible for payments under the payment in lieu of taxes program as of the date of enactment of this Act;

(ii) to determine the market value of that land in a fair and open market; and

(iii) to determine the tax equivalent amount of payments under the payment in lieu of taxes program for that land;

(B) submit to Congress and make publicly available a report describing--

(i) the results of the study conducted under subparagraph

(A); and

(ii) how payments under the payment in lieu of taxes program could more accurately reflect the tax equivalent amount; and

(i) accounts for reasonable and customary valuation factors and assumptions; and

(ii) calculates, in a timely manner, for every acre of Federal land eligible for payments under the payment in lieu of taxes program--

(I) the market value of that land; and

(II) the tax equivalent amount of payments under the payment in lieu of taxes program for that land.

(2) Requirements.--

(A) Study.--In conducting the study under paragraph (1)(A), the Secretary shall consider any studies conducted by States, counties, or other taxing jurisdictions pertaining to the tax equivalent amount of payments under the payment in lieu of taxes program.

(B) Modeling tool.--The modeling tool developed under paragraph (1)(C) shall--

(i) accurately calculate, in real time, the market value of every acre of Federal land in the United States;

(ii) enable an employee or agent of the Department of the Interior to manually modify factors relating to the valuation model used by the modeling tool to calculate, in real time, the market value of Federal land based on new assumptions relating to that land;

(iii) provide technical anchors relating to market data--

(I) to ensure the ongoing integrity of the modeling tool; and

(II) to ensure that the land values determined by the modeling tool are defensible and based on sound and generally accepted valuation methodologies;

(iv) assimilate, in a visual interface--

(I) market data, including the availability of mineral extraction, energy production, water management, timber management, agricultural uses, and recreational uses with respect to the applicable land; and

(II) geographic information systems (commonly known as

``GIS'') data relating to all Federal land eligible for payments under the payment in lieu of taxes program;

(v) tie the model used by the tool to market sources, allowing the model to automatically adjust and reflect current market conditions; and

(vi) allow a user of the modeling tool--

(I) to estimate the value of Federal land as that land is currently used; and

(II) to estimate changes in that value due to future uses under various scenarios under private or public ownership.

(3) Contracts and consultants.--The Secretary may contract or consult with any public or private entity to analyze data, conduct research, or develop a model that would contribute to the report and modeling tool developed by the Secretary under this subsection.

______

SA 2603. Mr. LEE submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

Beginning on page 2, strike line 13 and all that follows through page 5, line 18, and insert the following:

``(3) Amount of federal pandemic unemployment compensation.--

``(A) In general.--The amount specified in this paragraph is the following amount with respect to an individual:

``(i) For weeks of unemployment beginning after the date on which an agreement is entered into under this section and ending on or before July 31, 2020, $600.

``(ii) For weeks of unemployment beginning after the last week under clause (i) and ending before December 31, 2020, an amount equal to one of the following, as determined by the State for all individuals:

``(I) The applicable flat option amount described in subparagraph (D).

``(II) An amount (not to exceed the applicable cap amount described in subparagraph (D)) equal to--

``(aa) two-thirds of the individual's average weekly wages; minus

``(bb) the individual's base amount (determined prior to any reductions or offsets).

``(B) Base amount.--For purposes of this paragraph, the term `base amount' means, with respect to an individual, an amount equal to--

``(i) for weeks of unemployment under the pandemic unemployment assistance program under section 2102, the amount determined under subsection (d)(1)(A)(i) or (d)(2) of such section 2102, as applicable; or

``(ii) for all other weeks of unemployment, the amount determined under paragraph (1)(A) of this subsection.

``(C) Average weekly wages.--

``(i) In general.--Subject to clause (ii), for purposes of this paragraph, the term `average weekly wages' means, with respect to an individual, the following:

``(I) If the State computes the individual weekly unemployment compensation benefit amount based on an individual's average weekly wages in a base period, an amount equal to the individual's average weekly wages used in such computation.

``(II) If the State computes the individual weekly unemployment compensation benefit amount based on high quarter wages or a formula using wages across some but not all quarters in a base period, an amount equal to \1/13\ of such high quarter wages or average wages of the applicable quarters used in the computation for the individual.

``(III) If the State uses computations other than the computations under subclause (I) or (II) for the individual weekly unemployment compensation benefit amount, or for computations of the weekly benefit amount under the pandemic unemployment assistance program under section 2102, as described in subsection (d)(1)(A)(i) or (d)(2) of such section 2102, for which subclause (I) or (II) do not apply, an amount equal to \1/52\ of the sum of all base period wages.

``(ii) Special rule.--If more than one of the methods of computation under subclauses (I), (II), and (III) of clause

(i) are applicable to a State, then such term shall mean the amount determined under the applicable subclause of clause

(i) that results in the highest amount of average weekly wages.

``(D) Applicable flat option and cap amount.--The applicable flat option amount and the applicable cap amount described in this subparagraph is as follows:

``(i) For weeks of unemployment beginning after the last week under subparagraph (A)(i) and ending before August 31, 2020--

``(I) the applicable flat option amount is $200; and

``(II) the applicable cap amount is $500.

``(ii) For weeks of unemployment beginning after the last week under clause (i) and ending on or before September 30, 2020--

``(I) the applicable flat option amount is $150; and

``(II) the applicable cap amount is $400.

``(iii) For weeks of unemployment beginning after the last week under clause (ii) and ending on or before November 1, 2020--

``(I) the applicable flat option amount is $100; and

``(II) the applicable cap amount is $300.

``(iv) For weeks of unemployment beginning after the last week under clause (iii) and ending on or before November 30, 2020--

``(I) the applicable flat option amount is $50; and

``(II) the applicable cap amount is $200.

``(v) For weeks of unemployment beginning after the last week under clause (iv) and ending on or before December 31, 2020--

``(I) the applicable flat option amount is $0; and

``(II) the applicable cap amount is $100.''.

______

SA 2604. Mr. CORNYN submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. MONETIZATION OF GENERAL BUSINESS CREDITS.

(a) In General.--Section 38 of the Internal Revenue Code of 1986 is amended by inserting after subsection (d) the following:

``(e) Special Rules for Eligible Years.--

``(1) In general.--If a taxpayer elects the application of this subsection for any eligible taxable year--

``(A) the limitation under subsection (c) shall be increased by an amount equal to the excess (if any) of--

``(i) the credit allowed under subsection (a) for the taxable year (determined without regard to subsection (c)), over

``(ii) the credit allowed under subsection (a) for such taxable year (determined after the application of subsection

(c)), and

``(B) the amount of the credit determined under section 41(a) for such taxable year shall be determined without regard to the limitation in the first sentence of section 41(g).

``(2) Treatment of credit.--For purposes of this title

(other than this section and section 39), the excess of--

``(A) amount of the credit allowed solely by reason of this subsection, over

``(B) net income tax (as defined in subsection (c)(1)) reduced by credits allowable under subparts D (without regard to this subsection) and G,

shall be treated as an overpayment of tax for the taxable year.

``(3) Eligible taxable year.--For purposes of this subsection, the term `eligible taxable year' means any taxable year ending in 2019 or 2020.

``(4) Election.--An election under paragraph (1) shall be made at such time and in such manner as the Secretary may prescribe.

``(5) Guidance and regulations.--The Secretary shall prescribe such regulations and guidance as may be necessary to carry out this subsection, including regulations or guidance to prevent any double counting of credits allowable under this section.''.

(b) Allowance of Refunds.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``38(e)'' after

``36B''.

``38(e),'' after ``36B,''.

(d) Credits Not Subject to Sequestration.--Section 255(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(d)) is amended--

(1) by striking ``Payments'' and inserting the following:

``(1) In general.--Payments'', and

(2) by adding at the end the following:

``(2) General business credits.--Payments made under subsection (e) of section 38 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part.''.

(e) Special Rule for Refunds.--

(1) In general.--For purposes of the Internal Revenue Code of 1986, a credit or refund for which an application described in paragraph (2)(A) is filed shall be treated as made under section 6411 of such Code.

(2) Tentative refund.--

(A) Application.--A taxpayer may file an application for a tentative credit or refund of any amount for which a credit or refund for any taxable year is due by reason of section 38(e) of the Internal Revenue Code of 1986. Such application shall be in such manner and form as the Secretary of the Treasury (or the Secretary's delegate) may prescribe and shall--

(i) be verified in the same manner as an application under section 6411(a) of such Code,

(ii) be filed not later than the date that is 120 days after the date of the enactment of this Act, and

(iii) set forth--

(I) the amount of the credit claimed under section 38(e) of such Code for such taxable year, and

(II) the amount of the refund claimed.

(B) Allowance of adjustments.--Within a period of 90 days from the date on which an application is filed under subparagraph (A), the Secretary of the Treasury (or the Secretary's delegate) shall--

(i) review the application,

(ii) determine the amount of the overpayment, and

(iii) apply, credit, or refund such overpayment,

in a manner similar to the manner provided in section 6411(b) of the Internal Revenue Code of 1986.

(C) Consolidated returns.--The provisions of section 6411(c) of the Internal Revenue Code of 1986 shall apply to an adjustment under this paragraph to the same extent and manner as the Secretary of the Treasury (or the Secretary's delegate) may provide.

(3) Application for adjustment of overpayment of estimated income tax.--An application for adjustment of overpayment of estimated income tax under section 6425 of the Internal Revenue Code of 1986 by reason of section 38(e) of such Code shall not fail to be treated as timely filed if filed not later than the date which is 120 days after the date of the enactment of this Act.

(f) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2018.

______

SA 2605. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LIMIT ON PPP LOANS TO ENTITIES THAT ARE CONNECTED TO

THE PEOPLE'S REPUBLIC OF CHINA.

Section 7(a)(36)(A)(iv) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iv)) is amended to read as follows:

``(iv) the term `eligible recipient'--

``(I) means an individual or entity that is eligible to receive a covered loan; and

``(II) does not include any business concern or entity--

``(aa) for which an entity created in or organized under the laws of the People's Republic of China or the Special Administrative Region of Hong Kong, or that has significant operations in the People's Republic of China or the Special Administrative Region of Hong Kong, owns or holds, directly or indirectly, not less than 20 percent of the economic interest of the business concern or entity, including as equity shares or a capital or profit interest in a limited liability company or partnership; or

``(bb) that retains, as a member of the board of directors of the business concern, a person who is a resident of the People's Republic of China;''.

______

SA 2606. Mrs. LOEFFLER submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ADDITIONAL ELIGIBLE EXPENSES.

(a) Allowable Use of PPP Loan.--Section 7(a)(36)(F)(i) of the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended--

(1) in subclause (VI), by striking ``and'' at the end;

(2) in subclause (VII), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(VIII) covered operations expenditures, as defined in section 1106(a) of the CARES Act (15 U.S.C. 9005(a)).''.

(b) Loan Forgiveness.--Section 1106 of the CARES Act (15 U.S.C. 9005) is amended--

(1) in subsection (a)--

(A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively;

(B) by inserting after paragraph (2) the following:

``(3) the term `covered operations expenditure' means a payment for any business software or cloud computing service that facilitates business operations, product or service delivery, the processing, payment, or tracking of payroll expenses, human resources, sales and billing functions, or accounting or tracking of supplies, inventory, records and expenses;''; and

(i) in subparagraph (C), by striking ``and'' at the end; and

(ii) by adding at the end the following:

``(E) covered operations expenditures; and'';

(2) in subsection (b), by adding at the end the following:

``(5) Any covered operations expenditure.'';

(3) in subsection (d)(8), by inserting ``any payment on any covered operations expenditure,'' after ``rent obligation,''; and

(4) in subsection (e)--

(A) in paragraph (2), by inserting ``payments on covered operations expenditures,'' after ``lease obligations,''; and

(B) in paragraph (3)(B), by inserting ``make payments on covered operations expenditures,'' after ``rent obligation,''.

______

SA 2607. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. BUSINESSES EMPLOYING ESSENTIAL CRITICAL

INFRASTRUCTURE WORKERS.

(a) In General.--Section 7(a)(36)(D)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iii) is amended--

(1) by striking ``During'' and inserting the following:

``(I) In general.--During''; and

(2) by adding at the end the following:

``(II) Business concerns employing essential critical infrastructure workers.--

``(aa) Definition.--In this subclause, the term `critical infrastructure business concern' means a business concern that--

``(AA) employs 1 or more essential critical infrastructure workers (as defined in guidance from the Secretary of Homeland Security);

``(BB) employs not more than 500 employees per physical location of the business concern; and

``(CC) has operations that, if organized as a separate business entity, would be assigned a North American Industry Classification System code beginning with 72 at the time of the disbursal.

``(bb) Eligibility.--During the covered period, any critical infrastructure business concern shall be eligible to receive a covered loan.

``(cc) Application of loan and forgiveness requirements.--For purposes of determining the loan amount and applying all other requirements and terms under this paragraph or section 1106 of the CARES Act (15 U.S.C. 9005) with respect to a critical infrastructure business concern, the eligible recipient of the covered loan shall be that portion of the critical infrastructure business concern that, if organized as a separate business entity, would be assigned a North American Industry Classification System code beginning with 72.''.

______

SA 2608. Mr. YOUNG (for himself and Mr. Sasse) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENTS TO STATE UNEMPLOYMENT SYSTEMS AND

STRENGTHENING PROGRAM INTEGRITY.

(a) Unemployment Compensation Systems.--

(1) In general.--Section 303(a) of the Social Security Act

(42 U.S.C. 503(a)) is amended--

(A) in the matter preceding paragraph (1), by striking

``provision for--'' and inserting ``provision for each of the following:'';

(B) at the end of each of paragraphs (1) through (10) and paragraph (11)(B), by striking ``; and'' and inserting a period; and

``(13) The State system shall, in addition to meeting the requirements under section 1137, meet the following requirements:

``(A) The system shall be capable of handling a surge of claims that would represent a twentyfold increase in claims from January 2020 levels, occurring over a one-month period.

``(B) The system shall be capable of--

``(i) adjusting wage replacement levels for individuals receiving unemployment compensation;

``(ii) adjusting weekly earnings disregards, including the ability to adjust such disregards in relation to an individual's earnings or weekly benefit amount; and

``(iii) providing for wage replacement levels that vary based on the duration of benefit receipt.

``(C) The system shall have in place an automated process for receiving and processing claims for disaster unemployment assistance under section 410(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)), with flexibility to adapt rules regarding individuals eligible for assistance and the amount payable.

``(D) In the case of a State that makes payments of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986), the system shall have in place an automated process of receiving and processing claims for short-time compensation.

``(E) The system shall have in place an automated process for receiving and processing claims for--

``(i) unemployment compensation for Federal civilian employees under subchapter I of chapter 85 of title 5, United States Code;

``(ii) unemployment compensation for ex-servicemembers under subchapter II of chapter 85 of title 5, United States Code; and

``(iii) trade readjustment allowances under sections 231 through 233 of the Trade Act of 1974 (19 U.S.C. 2291-2293).''.

(2) Effective date.--The amendment made by paragraph (1) shall apply to weeks of unemployment beginning on or after the earlier of--

(A) the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or

(B) October 1, 2023.

(b) Electronic Transmission of Unemployment Compensation Information.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following new subsection:

``(n) Electronic Transmission of Unemployment Compensation Information.--

``(1) In general.--Not later than October 1, 2022, the State agency charged with administration of the State law shall use a system developed (in consultation with stakeholders) and designated by the Secretary of Labor for automated electronic transmission of requests for information relating to unemployment compensation and the provision of such information between such agency and employers or their agents.

``(2) Use of appropriated funds.--The Secretary of Labor may use funds appropriated for grants to States under this title to make payments on behalf of States as the Secretary determines is appropriate for the use of the system described in paragraph (1).

``(3) Employer participation.--- The Secretary of Labor shall work with the State agency charged with administration of the State law to increase the number of employers using this system and to resolve any technical challenges with the system.

``(4) Reports on use of electronic system.--After the end of each fiscal year, on a date determined by the Secretary, each State shall report to the Secretary information on--

``(A) the proportion of employers using the designated system described in paragraph (1);

``(B) the reasons employers are not using such system; and

``(C) the efforts the State is undertaking to increase employer's use of such system.

``(5) Enforcement.--Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State.''.

(1) In general.--Section 303(a) of the Social Security Act

(42 U.S.C. 503(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph:

``(14) The State agency charged with administration of the State law shall use the system designated by the Secretary of Labor for cross-matching claimants of unemployment compensation under State law against any databases in the system to prevent and detect fraud and improper payments.''.

(2) Effective date.--The amendment made by paragraph (1) shall apply to weeks of unemployment beginning on or after the earlier of--

(A) the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or

(B) October 1, 2022.

(d) Reducing State Burden in Providing Data to Prevent and Detect Fraud.--Section 303 of the Social Security Act (42 U.S.C. 503), as amended by subsection (b), is amended by adding at the end the following new subsection:

``(o) Use of Unemployment Claims Data to Prevent and Detect Fraud.--The Inspector General of the Department of Labor shall, for the purpose of identifying and investigating fraud in unemployment compensation programs, have direct access to each of the following systems:

``(1) The system designated by the Secretary of Labor for the electronic transmission of requests for information relating to interstate claims for unemployment compensation.

``(2) The system designated by the Secretary of Labor for cross-matching claimants of unemployment compensation under State law against databases to prevent and detect fraud and improper payments (as referred to in subsection (a)(14).''.

(e) Use of National Directory of New Hires in Administration of Unemployment Compensation Programs and Penalties on Noncomplying Employers.--

(1) In general.--Section 303 of the Social Security Act (42 U.S.C. 503), as amended by subsections (b) and (d), is amended by adding at the end the following new subsection:

``(p) Use of National Directory of New Hires.--

``(1) In general.--Not later than October 1, 2022, the State agency charged with administration of the State law shall--

``(A) compare information in the National Directory of New Hires established under section 453(i) against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed, in accordance with any regulations or guidance that the Secretary of Health and Human Services may issue and consistent with the computer matching provisions of the Privacy Act of 1974;

``(B) take timely action to verify whether the individuals identified pursuant to subparagraph (A) are employed; and

``(C) upon verification pursuant to subparagraph (B), take appropriate action to suspend or modify unemployment compensation payments, and to initiate recovery of any improper unemployment compensation payments that have been made.

``(2) Enforcement.--Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State.''.

(2) Penalties.--

(A) In general.--Section 453A(d) of the Social Security Act

(42 U.S.C. 653a(d)), in the matter preceding paragraph (1), is amended by striking ``have the option to set a State civil money penalty which shall not exceed'' and inserting ``set a State civil money penalty which shall be no less than''.

(B) Effective date.--The amendment made by subparagraph (A) shall apply to penalties assessed on or after October 1, 2022.

(f) State Performance.--

(1) In general.--Section 303 of the Social Security Act (42 U.S.C. 503), as amended by subsections (b), (d), and (e), is amended by adding at the end the following new subsection:

``(q) State Performance.--

``(1) In general.--For purposes of assisting States in meeting the requirements of this title, title IX, title XII, or chapter 23 of the Internal Revenue Code of 1986 (commonly referred to as `the Federal Unemployment Tax Act'), the Secretary of Labor may--

``(A) consistent with subsection (a)(1), establish measures of State performance, including criteria for acceptable levels of performance, performance goals, and performance measurement programs;

``(B) consistent with subsection (a)(6), require States to provide to the Secretary of Labor data or other relevant information from time to time concerning the operations of the State or State performance, including the measures, criteria, goals, or programs established under paragraph (1);

``(C) require States with sustained failure to meet acceptable levels of performance or with performance that is substantially below acceptable standards, as determined based on the measures, criteria, goals, or programs established under subparagraph (A), to implement specific corrective actions and use specified amounts of the administrative grants under this title provided to such States to improve performance; and

``(D) based on the data and other information provided under subparagraph (B)--

``(i) to the extent the Secretary of Labor determines funds are available after providing grants to States under this title for the administration of State laws, recognize and make awards to States for performance improvement, or performance exceeding the criteria or meeting the goals established under subparagraph (A); or

``(ii) to the extent the Secretary of Labor determines funds are available after providing grants to States under this title for the administration of State laws, provide incentive funds to high-performing States based on the measures, criteria, goals, or programs established under subparagraph (A).

(2) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act.

(g) Funding.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary of Labor $2,000,000,000 to assist States in carrying out the amendments made by this section, which may include regional or multi-State efforts. Amounts appropriated under the preceding sentence shall remain available until expended.

______

SA 2609. Mrs. GILLIBRAND submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DIRECT FARM LOAN FORGIVENESS.

(a) Definitions.--In this section:

(1) Eligible borrower.--The term ``eligible borrower'' means a borrower of an eligible loan that is actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) with respect to a farming operation--

(A) for which the eligible loan was made; and

(B) the average annual adjusted gross income for the previous 5-year period of which is not more than $300,000.

(2) Eligible loan.--The term ``eligible loan'' means a loan made before March 19, 2020, that is--

(A) a direct farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.);

(B) a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq.); or

(3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

(b) Loan Forgiveness.--

(1) In general.--Not later than 1 year after the date on which the Secretary receives an application under paragraph

(2), subject to paragraphs (3) and (4), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the date of enactment of this Act on an eligible loan for the eligible borrower.

(2) Applications.--To be eligible for cancellation under paragraph (1), not later than 1 year after the date of enactment of this Act, an eligible borrower shall submit to the Secretary an application, which shall cover all eligible loans for which the eligible borrower is seeking cancellation.

(3) Limitations.--The total amount cancelled under paragraph (1) with respect to a farming operation shall be not more than $250,000.

(4) Condition.--The cancellation of an obligation under paragraph (1) shall be subject to the condition that the applicable eligible borrower shall continue to be actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) for the 2-year period beginning on the date on which the Secretary cancels the obligation under that paragraph.

(c) Effect.--An eligible borrower that receives cancellation of an obligation with respect to an eligible loan under subsection (b)(1) shall not be determined to be ineligible for any loan under subtitle A, B, or C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.) because of that cancellation.

(d) Taxability.--For purposes of the Internal Revenue Code of 1986, any amount which (but for this subsection) would be includible in gross income of the eligible borrower by reason of forgiveness described in subsection (b) shall be excluded from gross income.

______

SA 2610. Mr. SULLIVAN (for himself and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. INCREASED ABILITY FOR PAYCHECK PROTECTION PROGRAM

BORROWERS TO REQUEST AN INCREASE IN LOAN AMOUNT

DUE TO UPDATED REGULATIONS.

(a) Definitions.--In this section--

(1) the term ``Administration'' means the Small Business Administration; and

(2) the terms ``covered loan'' and ``eligible recipient'' have the meanings given those terms in section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)).

(b) Increased Amount.--Notwithstanding the interim final rule issued by the Administration entitled ``Business Loan Program Temporary Changes; Paycheck Protection Program--Loan Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible recipient of a covered loan that is eligible for an increased covered loan amount as a result of any interim final rule that allows for covered loan increases may submit a request for an increase in the covered loan amount even if--

(1) the initial covered loan amount has been fully disbursed; or

(2) the lender of the initial covered loan has submitted to the Administration a Form 1502 report related to the covered loan.

______

SA 2611. Mr. WICKER submitted an amendment intended to be proposed by him to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. INCLUSION OF CRITICAL CARE HOSPITALS IN THE PAYCHECK

PROTECTION PROGRAM.

(a) Eligibility of Hospitals With More Than One Physical Location.--Section 7(a)(36)(D)(iii) of the Small Business Act

(15 U.S.C. 636(a)(36)(D)(iii)) is amended by striking

``beginning with 72'' and inserting the following:

``beginning with 72 (or, in the case of a critical care hospital, is assigned a North American Industry Classification System code beginning with 62)''.

(b) Waiver of Affiliation Rules.--Section 7(a)(36)(D)(iv)(I) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iv)(I)) is amended by striking ``beginning with 72'' and inserting the following: ``beginning with 72 (or, in the case of a critical care hospital, is assigned a North American Industry Classification System code beginning with 62)''.

(c) Critical Care Hospitals Defined.--Section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended by adding at the end the following:

``(vii) Critical care hospital defined.--In this subparagraph, the term `critical care hospital' means--

``(I) a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))) that--

``(aa) is located in a county (or equivalent unit of local government) in a rural area, as defined in section 1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D));

``(bb) is treated as being located in a rural area pursuant to section 1886(d)(8)(E) of such Act (42 U.S.C. 1395ww(d)(8)(E)); or

``(cc) for the most recent cost reporting period under section 1886(d) of such Act (42 U.S.C. 1395ww(d)), received an additional payment under section 1886(d)(5)(F) of such Act

(42 U.S.C. 1395ww(d)(5)(F)); and

``(II) a nonprofit or public critical access hospital, as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1)).''.

______

SA 2612. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. INCLUSION OF CRITICAL CARE HOSPITALS IN THE PAYCHECK

PROTECTION PROGRAM.

(a) Eligibility of Hospitals With More Than One Physical Location.--Section 7(a)(36)(D)(iii) of the Small Business Act

(15 U.S.C. 636(a)(36)(D)(iii)) is amended by striking

``beginning with 72'' and inserting the following:

``beginning with 72 (or, in the case of a critical care hospital, is assigned a North American Industry Classification System code beginning with 62)''.

(c) Critical Care Hospitals Defined.--Section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended by adding at the end the following:

``(vii) Critical care hospital defined.--In this subparagraph, the term `critical care hospital' means--

``(I) a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))) that--

``(aa) is located in a county (or equivalent unit of local government) in a rural area, as defined in section 1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D));

``(bb) is treated as being located in a rural area pursuant to section 1886(d)(8)(E) of such Act (42 U.S.C. 1395ww(d)(8)(E)); or

``(cc) for the most recent cost reporting period under section 1886(d) of such Act (42 U.S.C. 1395ww(d)), received an additional payment under section 1886(d)(5)(F) of such Act

(42 U.S.C. 1395ww(d)(5)(F)); and

``(II) a nonprofit or public critical access hospital, as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1)).''.

______

SA 2613. Mr. ENZI (for himself and Ms. Hassan) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.

(a) In General.--Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended--

(1) in the fourth sentence, by inserting ``or counterfeit device'' after ``counterfeit drug''; and

(2) by striking ``The Secretary of the Treasury shall cause the destruction of'' and all that follows through ``liable for costs pursuant to subsection (c).'' and inserting the following: ``The Secretary of the Treasury shall cause the destruction of any such article refused admission unless such article is exported, under regulations prescribed by the Secretary of the Treasury, within 90 days of the date of notice of such refusal or within such additional time as may be permitted pursuant to such regulations, except that the Secretary of Health and Human Services may destroy, without the opportunity for export, any drug or device refused admission under this section, if such drug or device is valued at an amount that is $2,500 or less (or such higher amount as the Secretary of the Treasury may set by regulation pursuant to section 498(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1498(a)(1))) and was not brought into compliance as described under subsection (b). The Secretary of Health and Human Services shall issue regulations providing for notice and an opportunity to appear before the Secretary of Health and Human Services and introduce testimony, as described in the first sentence of this subsection, on destruction of a drug or device under the seventh sentence of this subsection. The regulations shall provide that prior to destruction, appropriate due process is available to the owner or consignee seeking to challenge the decision to destroy the drug or device. Where the Secretary of Health and Human Services provides notice and an opportunity to appear and introduce testimony on the destruction of a drug or device, the Secretary of Health and Human Services shall store and, as applicable, dispose of the drug or device after the issuance of the notice, except that the owner and consignee shall remain liable for costs pursuant to subsection (c).''.

(b) Definition.--Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended--

(1) by redesignating subparagraphs (1), (2), and (3) as clauses (A), (B), and (C), respectively; and

(2) after making such redesignations--

(A) by striking ``(h) The term'' and inserting ``(h)(1) The term''; and

(B) by adding at the end the following:

``(2) The term `counterfeit device' means a device which, or the container, packaging, or labeling of which, without authorization, bears a trademark, trade name, or other identifying mark, imprint, or symbol, or any likeness thereof, or is manufactured using a design, of a device manufacturer, packer, or distributor other than the person or persons who in fact manufactured, packed, or distributed such device and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other device manufacturer, packer, or distributor.

``(3) For purposes of subparagraph (2)--

``(A) the term `manufactured' refers to any of the following activities: manufacture, preparation, propagation, compounding, assembly, or processing; and

``(B) the term `manufacturer' means a person who is engaged in any of the activities listed in clause (A).''.

______

SA 2614. Mr. BRAUN (for himself, Mr. Grassley, and Mr. Enzi) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PRICE TRANSPARENCY REQUIREMENTS.

(a) Hospitals.--Section 2718(e) of the Public Health Service Act (42 U.S.C. Sec. 300gg-18(e)) is amended--

(1) by striking ``Each hospital'' and inserting the following:

``(1) In general.--Each hospital'';

(2) by inserting ``, in a machine-readable format, via open application program interfaces (APIs)'' after ``a list'';

(3) by inserting ``, along with such additional information as the Secretary may require with respect to such charges for purposes of promoting public awareness of hospital pricing in advance of receiving a hospital item or service'' before the period; and

(4) by adding at the end the following:

``(2) Definition of standard charges.--Notwithstanding any other provision of law, for purposes of paragraph (1), the term `standard charges' means the rates hospitals, including providers or entities that contract with or practice at a hospital, charge for all items and services at a minimum, chargemaster rates, rates that hospitals negotiate with third party payers across all plans, including those related to a patient's specific plan, discounted cash prices, and other rates determined by the Secretary.

``(3) Enforcement.--In addition to any other enforcement actions or penalties that may apply under subsection (b)(3) or another provision of law, a hospital that fails to provide the information required by this subsection and has not completed a corrective action plan to comply with the requirements of such subsection shall be subject to a civil monetary penalty of an amount not to exceed $300 per day that the violation is ongoing as determined by the Secretary. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A of the Social Security Act are imposed and collected.''.

(b) Transparency in Coverage.--Section 1311(e)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(e)(3)) is amended--

(1) in subparagraph (A)--

(A) in clause (vii), by inserting before the period the following: ``, including, for all items and services covered under the plan, aggregate information on specific payments the plan has made to out-of-network health care providers on behalf of plan enrollees''; and

(B) by designating clause (ix) as clause (x); and

``(ix) Information on the specific negotiated payment rates between the plan and health care providers for all items and services covered under the plan.'';

(2) in subparagraph (B)--

(A) in the heading, by striking ``use'' and inserting

``delivery methods and use'';

(B) by inserting ``, as applicable,'' after ``English proficiency''; and

``The Secretary shall establish standards for electronic delivery and access to such information by individuals, free of charge, in machine readable format, through an internet website and via open APIs.'';

(3) in subparagraph (C)--

(A) in the first sentence, by inserting ``or out-of-network provider'' after ``item or service by a participating provider'';

(B) in the second sentence, by striking ``through an internet website'' and inserting ``free of charge, in machine readable format, through an internet website, and via open APIs, in accordance with standards established by the Secretary,''; and

(C) by adding at the end the following: ``Such information shall include specific negotiated rates that allow for comparison between providers and across plans, and related to a patient's specific plan, including after an enrollee has exceeded their deductible responsibility.''; and

(4) in subparagraph (D) by striking ``subparagraph (A)'' and inserting ``subparagraphs (A), (B), and (C)''.

______

SA 2615. Mr. ENZI submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENTS TO THE MEDICARE HOSPITAL ACCELERATED

AND ADVANCE PAYMENTS PROGRAMS DURING THE COVID-

19 PUBLIC HEALTH EMERGENCY.

(a) Part A.--

(1) Repayment periods.--Section 1815(f)(2)(C) of the Social Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended--

(A) in clause (i), by striking ``120 days'' and inserting

``270 days''; and

(B) in clause (ii), by striking ``12 months'' and inserting

``18 months''.

(2) Authority for discretion.--Section 1815(f)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is amended by inserting ``(or, with respect to requests submitted to the Secretary on or after July 9, 2020, may)''after ``shall.''.

(b) Part B.--In carrying out the advance payments program described in section 421.214 of title 42, Code of Federal Regulations (or a successor regulation), the Secretary of Health and Human Services, in the case of a payment made under such program during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), upon request of the supplier receiving such payment, shall--

(1) provide up to 270 days before claims are offset to recoup the payment; and

(2) allow not less than 14 months from the date of the first advance payment before requiring that the outstanding balance be paid in full.

(c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136).

(d) Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section by program instruction or otherwise.

(e) Emergency Designation.--

(1) In general.--The amounts provided by this section and the amendments made by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(2) Designation in senate.--In the Senate, this section and the amendments made by this section are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.

______

SA 2616. Mr. WICKER (for himself, Mr. Barrasso, Mrs. Capito, Mr. Perdue, Mr. Boozman, Mr. Moran, and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REINSTATEMENT OF ADVANCE REFUNDING BONDS.

(a) In General.--The amendments made by section 13532 of Public Law 115-97 are repealed and the provisions of law amended by such section are restored as if such section had never been enacted.

(b) Effective Date.--The repeal made by this section shall take effect on the date of enactment of this Act.

______

SA 2617. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CREDIT FOR AMERICAN INFRASTRUCTURE BONDS ALLOWED TO

ISSUERS.

(a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6430 the following new section:

``SEC. 6431. CREDIT TO ISSUER OF AMERICAN INFRASTRUCTURE

BONDS.

``(a) In General.--The issuer of an American infrastructure bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b).

``(b) Payment of Credit.--

``(1) In general.--The Secretary shall pay

(contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) the applicable percentage of the interest payable under such bond on such date.

``(2) Applicable percentage.--For purposes of paragraph

(1), the applicable percentage shall be equal to--

``(A) in the case of any American infrastructure bond issued before January 1, 2026, 35 percent, and

``(B) in the case of any American infrastructure bond issued after December 31, 2025, 28 percent.

``(3) Interest payment date.--For purposes of this subsection, the term `interest payment date' means each date on which the holder of record of the American infrastructure bond is entitled to a payment of interest under such bond.

``(c) American Infrastructure Bond.--

``(1) In general.--For purposes of this section, the term

`American infrastructure bond' means any obligation if--

``(A) the interest on such obligation would (but for this section) be excludable from gross income under section 103,

``(B) either--

``(i) the obligation is not a private activity bond, or

``(ii) the obligation is a private activity bond, but it is issued as part of an issue 95 percent or more of the net proceeds of which are to be used to finance or refinance property that meets the ownership test in section 145(a)(1), as applied by substituting `95 percent of the property' for

`all property', and

``(C) the issuer makes an irrevocable election to have this section apply.

``(2) Applicable rules.--For purposes of applying paragraph

(1)--

``(A) for purposes of section 149(b), a bond shall not be treated as federally guaranteed by reason of the credit allowed under this section, and

``(B) a bond shall not be treated as an American infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond.

``(d) Special Rules.--

``(1) Interest on american infrastructure bonds includible in gross income for federal income tax purposes.--For purposes of this title, interest on any American infrastructure bond shall be includible in gross income.

``(2) Application of arbitrage rules.--For purposes of section 148, the yield on an issue of American infrastructure bonds shall be reduced by the credit allowed under this section, except that no such reduction shall apply with respect to determining the amount of gross proceeds of an issue that qualifies as a reasonably required reserve or replacement fund.

``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''.

(b) Conforming Amendments.--

(1) The table of sections for subchapter B of chapter 65 of subtitle F of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

``Sec. 6431. Credit to issuer of american infrastructure bonds.''.

(2) Subparagraph (A) of section 6211(b)(4) of such Code is amended by inserting ``6431,'' after ``36B,''.

(c) Transitional Coordination With State Law.--Except as otherwise provided by a State after the date of the enactment of this Act, the interest on any American infrastructure bond

(as defined in section 6431 of the Internal Revenue Code of 1986 (as added by this Act)) and the amount of any credit determined under such section with respect to such bond shall be treated for purposes of the income tax laws of such State as being exempt from Federal income tax.

(d) Adjustment to Payment to Issuers in Case of Sequestration.--

(1) In general.--In the case of any payment under subsection (b) of section 6431 of the Internal Revenue Code of 1986 (as added by this Act) made after the date of enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to--

(A) such payment (determined before such sequestration), multiplied by

(B) the quotient obtained by dividing the number 1 by the amount by which the number 1 exceeds the percentage reduction in such payment pursuant to such sequestration.

(2) Sequestration.--For purposes of this subsection, the term ``sequestration'' means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010 or future legislation having similar effect.

(e) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of enactment of this Act.

______

SA 2618. Mr. WICKER (for himself, Mr. Cassidy, Mr. Sullivan, Ms. Cantwell, and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __FISHERY RESOURCE DISASTER RELIEF

SEC. ___. SHORT TITLE.

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

SEC. ___. 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 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;

``(IX) disease; or

``(X) access to fishery resources that is impeded due to impacts to captains and crew caused by the COVID-19 pandemic; 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 in commercial, charter, headboat, and processor revenue for the 12 months during the fishery resource disaster period that is due to the fishery resource disaster, when compared to average annual revenue in the most recent 5-year period 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 under paragraph (9) that are available, 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.--

``(i) In general.--Except as provided under clause (ii), 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.

``(ii) Exception.--Clause (i) shall not apply to a fishery resource disaster determination related to the COVID-19 pandemic.

``(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 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 Federal fishery, or if a fishery resource disaster has occurred at any time in the previous 5-year period, an appropriate time frame as determined by the Secretary;

``(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax; and

``(IV) if applicable, information on 12-month revenue loss for processors related to the information provided under subclause (I), subject to section 402(b).

``(C) Assistance.--The Secretary may provide assistance, data, and analysis to an eligible requester described in paragraph (1), if so requested and the data is not available to the requester, in carrying out the compete request under subparagraph (A).

``(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

``(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) an impacted business or other entity;

``(gg) the availability of hazard insurance to address financial losses due to a disaster;

``(hh) other forms of disaster assistance made available to the fishery, including prior awards of disaster assistance for the same event;

``(ii) the length of time the resource, or access to the resource, has been restricted;

``(jj) status of recovery from previous fishery resource disasters;

``(kk) lost resource tax revenues assessed by local communities, such as a raw fish tax; and

``(ll) 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) has not been opened, 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 requestor 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.--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 shall result in a positive determination that a fishery resource disaster has occurred.

``(II) Losses between 35 percent and 80 percent shall be evaluated to determine whether a fishery resource disaster has occurred, based on the information provided or analyzed under paragraph (4)(B).

``(III) Losses less than 35 percent shall not be eligible for a determination that a fishery resource disaster has occurred, except where the Secretary determines there are extenuating circumstances that justify using a lower threshold in making the determination.

``(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 uses.--In making a determination of whether a fishery resource disaster has occurred, the Secretary may consider loss of subsistence opportunity, where appropriate.

``(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 or without conducting the required analyses in subparagraphs (A) and (B).

``(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 the public and representatives of affected fishing communities with a positive disaster determination that is unfunded of the allocation under paragraph (2)(B) 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 requestor 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.--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 disbursed not later than 90 days after the date the Secretary receives a complete spend plan under subparagraph (D).

``(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 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) Job training and economic transition programs.

``(ff) Public information campaigns on the recovery of the fishery, including marketing.

``(gg) For any purpose that the Secretary determines is appropriate to restore the fishery affected by such a disaster or to prevent a similar disaster in the future.

``(hh) 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).

``(ii) Appropriate economic and other incentives to encourage commercial fisherman to return to the fishery once it has recovered from the disaster.

``(jj) Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock.

``(kk) Other activities that recover or improve management of the affected fishery, as determined by the Secretary.

``(II) Displaced fishery employees.--Where appropriate, individuals carrying out the activities described in items

(aa) through (ff) 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 applied to Tribes and 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 of direct assistance as described in paragraph (6)(F)(iii)(I)(hh) shall be equal to 100 percent.

``(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.--

``(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; 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 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.--

``(A) Authorization.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary.

``(B) Availability of funds.--Amounts appropriated under this subsection shall remain available until expended.

``(C) Tax exempt status.--The Fisheries Disasters Fund appropriated under this subsection shall be a tax exempt fund.''.

SEC. ___. 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. ___. 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. ___. 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)).''.

(1) In general.--Not later than 2 years after the date of enactment of this title, the Comptroller General of the United States shall submit a report to Congress examining efforts by the Regional Fishery Management Councils, the Atlantic States Marine Fisheries Commission, and the National Marine Fisheries Service to prepare and adapt to the impacts of climate change.

(2) Contents of study.--The report required under paragraph

(1) shall include--

(A) an examination of current or previous efforts

(including the 2016 GAO Report on Federal Fisheries Management ), and whether those efforts have resulted in changes to management, by the Regional Fishery Management Councils, the Atlantic States Marine Fisheries Commission, and the National Marine Fisheries Service to prepare and adapt Federal and jointly managed fisheries for the impacts of climate change;

(B) an examination of any guidance issued to the Regional Fishery Management Councils by the National Marine Fisheries Service to prepare and adapt Federal fishery management for the impacts of climate change and whether and how that guidance has been utilized;

(C) identification of and recommendations for how best to address the most significant economic, social, ecological, or other knowledge gaps, as well as key funding gaps, that would increase the ability of the Regional Fishery Management Councils, the Atlantic States Marine Fisheries Commission, or the National Marine Fisheries Service to prepare and adapt fishery management for the impacts of climate change;

(D) recommendations for how the Regional Fishery Management Councils, the Atlantic States Marine Fisheries Commission, and the National Marine Fisheries Service can better adapt fishery management and prepare associated fishing industries and dependent communities for the impacts of climate change; and

(E) recommendations for how to enhance the capacity of the National Marine Fisheries Service to monitor climate-related changes to fisheries and marine ecosystems, to understand the mechanisms of change, to evaluate risks and priorities, to provide forecasts and projections of future conditions, to communicate scientific advice, and to better manage fisheries under changing conditions due to climate change.

______

SA 2619. Mr. WICKER (for himself, Mr. Cassidy, Mr. Sullivan, Ms. Cantwell, and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows: