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 U.S. Dept. of Commerce was published in the Senate section on pages S7877-S7882 on Dec. 20, 2020.
The Department includes the Census Bureau, which is used to determine many factors about American life. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the Department is involved in misguided foreign trade policies and is home to many unneeded programs.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 2721. Mr. BROWN proposed an amendment to the bill S. 2827, to authorize the Secretary of the Interior to conduct a study of African American burial grounds, and for other purposes; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African American Burial Grounds Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Burial ground.--The term ``burial ground'' means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains are deposited as a part of the death rite or ceremony of a culture.
(2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service.
SEC. 3. AFRICAN AMERICAN BURIAL GROUNDS STUDY.
(a) In General.--The Secretary shall conduct a study of ways to identify, interpret, preserve, and record unmarked, previously abandoned, underserved, or other burial grounds relating to the historic African American experience.
(b) Requirements.--In conducting the study under subsection
(a), the Secretary shall consider--
(1) ways to engage with descendant, local, and other communities historically associated with identified burial grounds by geography, genealogy, or culture;
(2) appropriate processes to identify locations of unmarked and unrecorded African American burial grounds with appropriate consideration for the privacy and safety of the burial grounds;
(3) alternatives for providing in a public database, as appropriate, the locations of, and information on, recorded and unrecorded African American burial grounds;
(4) alternatives for commemorating and interpreting African American burial grounds; and
(5) best practices for preserving burial ground landscapes and caring for artifacts.
(c) Report.--Not later than 3 years after the date on which funds are first made available to carry out the study under subsection (a), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing--
(1) the findings of the study; and
(2) any recommendations of the Secretary.
______
SA 2722. Mr. BROWN proposed an amendment to the bill S. 2827, to authorize the Secretary of the Interior to conduct a study of African American burial grounds, and for other purposes; as follows:
Amend the title so as to read: ``A bill to authorize the Secretary of the Interior to conduct a study of African American burial grounds, and for other purposes.''.
______
SA 2723. Mr. BLUNT (for Mr. Wicker) proposed an amendment to the bill S. 2346, to improve the Fishery Resource Disaster Relief program of the National Marine Fisheries Service, and for other purposes; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fishery Failures: Urgently Needed Disaster Declarations Act''.
SEC. 2. FISHERY RESOURCE DISASTER RELIEF.
Section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) is amended to read as follows:
``(a) Fishery Resource Disaster Relief.--
``(1) Definitions.--In this subsection:
``(A) Allowable cause.--The term `allowable cause' means a natural cause, discrete anthropogenic cause, or undetermined cause.
``(B) Anthropogenic cause.--The term `anthropogenic cause' means an anthropogenic event, such as an oil spill or spillway opening--
``(i) that could not have been addressed or prevented by fishery management measures; and
``(ii) that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats.
``(C) Fishery resource disaster.--The term `fishery resource disaster' means a disaster that is determined by the Secretary in accordance with this subsection and--
``(i) is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue or subsistence loss due to an allowable cause; and
``(ii) does not include--
``(I) reasonably predictable, foreseeable, and recurrent fishery cyclical variations in species distribution or stock abundance; or
``(II) reductions in fishing opportunities resulting from conservation and management measures taken pursuant to this Act.
``(D) Indian tribe.--The term `Indian Tribe' has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), and the term `Tribal' means of or pertaining to such an Indian tribe.
``(E) Natural cause.--The term `natural cause'--
``(i) means a weather, climatic, hazard, or biology-related event, such as--
``(I) a hurricane;
``(II) a flood;
``(III) a harmful algal bloom;
``(IV) a tsunami;
``(V) a hypoxic zone;
``(VI) a drought;
``(VII) El Nino effects on water temperature;
``(VIII) a marine heat wave; or
``(IX) disease; and
``(ii) does not mean a normal or cyclical variation in a species distribution or stock abundance.
``(F) 12-month revenue loss.--The term `12-month revenue loss' means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories.
``(G) Undetermined cause.--The term `undetermined cause' means a cause in which the current state of knowledge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster.
``(2) General authority.--
``(A) In general.--The Secretary shall have the authority to determine the existence, extent, and beginning and end dates of a fishery resource disaster under this subsection in accordance with this subsection.
``(B) Availability of funds.--After the Secretary determines that a fishery resource disaster has occurred, the Secretary is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal government, or interstate marine fisheries commission, or by the Secretary in cooperation with the affected State, Tribal government, or interstate marine fisheries commission.
``(C) Savings clause.--The requirements under this subsection shall take effect only with respect to requests for a fishery resource disaster determination submitted after the date of enactment of the Fishery Failures: Urgently Needed Disaster Declarations Act.
``(3) Initiation of a fishery resource disaster review.--
``(A) Eligible requesters.--Not later than 1 year after the date of the conclusion of the fishing season, a request for a fishery resource disaster determination may be submitted to the Secretary, if the Secretary has not independently determined that a fishery resource disaster has occurred, by--
``(i) the Governor of an affected State;
``(ii) an official Tribal resolution; or
``(iii) any other comparable elected or politically appointed representative as determined by the Secretary.
``(B) Required information.--A complete request for a fishery resource disaster determination under subparagraph
(A) shall include--
``(i) identification of all presumed affected fish stocks;
``(ii) identification of the fishery as Federal, non-Federal, or both;
``(iii) the geographical boundaries of the fishery;
``(iv) preliminary information on causes of the fishery resource disaster, if known; and
``(v) information needed to support a finding of a fishery resource disaster, including--
``(I) information demonstrating the occurrence of an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which could include the loss of fishing vessels and gear, for a substantial period of time;
``(II) 12-month revenue loss or subsistence loss for the affected fishery, or if a fishery resource disaster has occurred at any time in the previous 5-year period, the most recent 5 years when no fishery resource disaster occurred;
``(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax and local sourcing requirements; and
``(IV) if applicable and available, information on 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 402(b).
``(C) Assistance.--The Secretary may provide data and analysis assistance to an eligible requester described in paragraph (1), if--
``(i) the assistance is so requested;
``(ii) the Secretary is in possession of the required information described in subparagraph (B); and
``(iii) the data is not available to the requester, in carrying out the complete request under subparagraph (B).
``(D) Initiation of review.--The Secretary shall have the discretion to initiate a fishery resource disaster review without a request.
``(4) Review process.--
``(A) Interim response.--Not later than 20 days after receipt of a request under paragraph (3), the Secretary shall provide an interim response to the individual that--
``(i) acknowledges receipt of the request;
``(ii) provides a regional contact within the National Oceanographic and Atmospheric Administration;
``(iii) outlines the process and timeline by which a request shall be considered; and
``(iv) requests additional information concerning the fishery resource disaster, if the original request is considered incomplete.
``(B) Evaluation of requests.--
``(i) In general.--The Secretary shall complete a review, within the time frame described in clause (ii), using the best scientific information available, in consultation with the affected fishing communities, States, or Tribes, of--
``(I) the information provided by the requester and any additional information relevant to the fishery, which may include--
``(aa) fishery characteristics;
``(bb) stock assessments;
``(cc) the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by Federal, State, or Tribal officials;
``(dd) estimates of mortality; and
``(ee) overall effects; and
``(II) the available economic information, which may include an analysis of--
``(aa) landings data;
``(bb) revenue;
``(cc) the number of participants involved;
``(dd) the number and type of jobs and persons impacted, which may include--
``(AA) fishers;
``(BB) charter fishing operators;
``(CC) subsistence users;
``(DD) United States fish processors; and
``(EE) an owner of a related fishery infrastructure or business affected by the disaster, such as a marina operator, recreational fishing equipment retailer, or charter, headboat, or tender vessel owner, operator, or crew;
``(ee) an impacted Indian Tribe;
``(ff) other forms of disaster assistance made available to the fishery, including prior awards of disaster assistance for the same event;
``(gg) the length of time the resource, or access to the resource, has been restricted;
``(hh) status of recovery from previous fishery resource disasters;
``(ii) lost resource tax revenues assessed by local communities, such as a raw fish tax; and
``(jj) other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service.
``(ii) Time frame.--The Secretary shall complete the review described in clause (i), if the fishing season, applicable to the fishery--
``(I) has concluded or there is no defined fishing season applicable to the fishery, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination;
``(II) has not concluded, not later than 120 days after the conclusion of the fishing season; or
``(III) is expected to be closed for the entire fishing season, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination.
``(C) Fishery resource disaster determination.--The Secretary shall make the determination of a fishery resource disaster based on the criteria for determinations listed in paragraph (5).
``(D) Notification.--Not later than 14 days after the conclusion of the review under this paragraph, the Secretary shall notify the requester and the Governor of the affected State or Tribal representative of the determination of the Secretary.
``(5) Criteria for determinations.--
``(A) In general.--The Secretary shall make a determination about whether a fishery resource disaster has occurred, based on the revenue loss thresholds under subparagraph (B), and, if a fishery resource disaster has occurred, whether the fishery resource disaster was due to--
``(i) a natural cause;
``(ii) an anthropogenic cause;
``(iii) a combination of a natural cause and an anthropogenic cause; or
``(iv) an undetermined cause.
``(B) Revenue loss thresholds.--
``(i) In general.--Based on the information provided or analyzed under paragraph (4)(B), the Secretary shall apply the following 12-month revenue loss thresholds in determining whether a fishery resource disaster has occurred:
``(I) Losses greater than 80 percent may result in a positive determination that a fishery resource disaster has occurred, based on the information provided or analyzed under paragraph (4)(B).
``(II) Losses between 35 percent and 80 percent shall be evaluated to determine whether economic impacts are severe enough to declare that a fishery resource disaster has occurred.
``(III) Losses less than 35 percent shall not be eligible for a determination that a fishery resource disaster has occurred.
``(ii) Charter fishing.--In making a determination of whether a fishery resource disaster has occurred, the Secretary shall consider the economic impacts to the charter fishing industry to ensure financial coverage for charter fishing businesses.
``(iii) Subsistence loss.--In considering subsistence loss, the Secretary shall evaluate the severity of loss to the fishing community instead of applying the revenue loss thresholds described in clause (i).
``(C) Ineligible fisheries.--A fishery subject to overfishing in any of the 3 years preceding the date of a determination under this subsection is not eligible for a determination of whether a fishery resource disaster has occurred unless the Secretary determines that overfishing was not a contributing factor to the fishery resource disaster.
``(D) Exceptional circumstances.--In an exceptional circumstance where substantial economic impacts to the affected fishery and fishing community have been subject to a disaster declaration under another statutory authority, such as in the case of a natural disaster or from the direct consequences of a Federal action taken to prevent, or in response to, a natural disaster for purposes of protecting life and safety, the Secretary may determine a fishery resource disaster has occurred without a request.
``(6) Disbursal of appropriated funds.--
``(A) Authorization.--The Secretary shall allocate funds available under paragraph (9) for fishery resource disasters.
``(B) Allocation of appropriated fishery resource disaster assistance.--
``(i) Notification of funding availability.--When there are appropriated funds for 1 or more fishery resource disasters, the Secretary shall notify--
``(I) the public; and
``(II) representatives of affected fishing communities with a positive disaster determination that is unfunded;
of the availability of funds, not more than 14 days after the date of the appropriation or the determination of a fishery resource disaster, whichever occurs later.
``(ii) Extension of deadline.--The Secretary may extend the deadline under clause (i) by 90 days to evaluate and make determinations on eligible requests.
``(C) Considerations.--In determining the allocation of appropriations for a fishery resource disaster, the Secretary shall consider commercial, charter, headboat, or seafood processing revenue losses and may consider the following factors:
``(i) Direct economic impacts.
``(ii) Uninsured losses.
``(iii) Losses of subsistence and Tribal ceremonial fishing opportunity.
``(iv) Losses of recreational fishing opportunity.
``(v) Aquaculture operations revenue loss.
``(vi) Direct revenue losses to a fishing community.
``(vii) Treaty obligations.
``(viii) Other economic impacts.
``(D) Spend plans.--To receive an allocation from funds available under paragraph (9), a requester with an affirmative fishery resource disaster determination shall submit a spend plan to the Secretary, not more than 120 days after receiving notification that funds are available, that shall include the following information, if applicable:
``(i) Objectives and outcomes, with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses, if applicable.
``(ii) Statement of work.
``(iii) Budget details.
``(E) Regional contact.--If so requested, the Secretary shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of funds.
``(F) Disbursal of funds.--
``(i) Availability.--Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan.
``(ii) Method.--The Secretary may provide an allocation of funds under this subsection in the form of a grant, direct payment, cooperative agreement, loan, or contract.
``(iii) Eligible uses.--
``(I) In general.--Funds allocated for fishery resources disasters under this subsection shall restore the fishery affected by such a disaster, prevent a similar disaster in the future, or assist the affected fishing community, and shall prioritize the following uses, which are not in order of priority:
``(aa) Habitat conservation and restoration and other activities, including scientific research, that reduce adverse impacts to the fishery or improve understanding of the affected species or its ecosystem.
``(bb) The collection of fishery information and other activities that improve management of the affected fishery.
``(cc) In a commercial fishery, capacity reduction and other activities that improve management of fishing effort, including funds to offset budgetary costs to refinance a Federal fishing capacity reduction loan or to repay the principal of a Federal fishing capacity reduction loan.
``(dd) Developing, repairing, or improving fishery-related public infrastructure.
``(ee) Direct assistance to a person, fishing community
(including assistance for lost fisheries resource levies), or a business to alleviate economic loss incurred as a direct result of a fishery resource disaster, particularly when affected by a circumstance described in paragraph (5)(D).
``(ff) Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock.
``(II) Displaced fishery employees.--Where appropriate, individuals carrying out the activities described in items
(aa) through (dd) of subclause (I) shall be individuals who are, or were, employed in a commercial, charter, or Tribal fishery for which the Secretary has determined that a fishery resource disaster has occurred.
``(7) Limitations.--
``(A) Federal share.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), the Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed 75 percent of the cost of that activity.
``(ii) Waiver.--The Secretary may waive the non-Federal share requirements of this subsection, if the Secretary determines that--
``(I) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; and
``(II) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share requirement.
``(iii) Exception.--The Federal share shall be equal to 100 percent in the case of--
``(I) direct assistance as described in paragraph
(6)(F)(iii)(I)(hh); or
``(II) assistance to subsistence or Tribal fisheries.
``(B) Limitations on administrative expenses.--
``(i) Federal.--Not more than 3 percent of the funds available under this subsection may be used for administrative expenses by the National Oceanographic and Atmospheric Administration.
``(ii) State or tribal governments.--Of the funds remaining after the use described in clause (i), not more than 5 percent may be used by States, Tribal governments, or interstate marine fisheries commissions for administrative expenses.
``(C) Fishing capacity reduction program.--
``(i) In general.--No funds available under this subsection may be used as part of a fishing capacity reduction program in a fishery unless the Secretary determines that adequate conservation and management measures are in place in such fishery.
``(ii) Assistance conditions.--As a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program, the Secretary shall--
``(I) prohibit the vessel from being used for fishing in Federal, State, or international waters; and
``(II) require that the vessel be--
``(aa) scrapped or otherwise disposed of in a manner approved by the Secretary;
``(bb) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or
``(cc) used for another non-fishing purpose provided the Secretary determines that adequate measures are in place to ensure that the vessel cannot reenter any fishery anywhere in the world.
``(D) No fishery endorsement.--
``(i) In general.--A vessel that is prohibited from fishing under subparagraph (C)(ii)(I) shall not be eligible for a fishery endorsement under section 12113(a) of title 46, United States Code.
``(ii) Noneffective.--A fishery endorsement for a vessel described in clause (i) shall not be effective.
``(iii) No sale.--A vessel described in clause (i) shall not be sold to a foreign owner or reflagged.
``(8) Public information on data collection.--The Secretary shall make available and update as appropriate, information on data collection and submittal best practices for the information described in paragraph (4)(B).
``(9) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection
$377,000,000 for the period of fiscal years 2021 through 2026.''.
SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT
ACT.
(a) Repeal.--Section 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1864) is repealed.
(b) Report.--Section 113(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 460ss note) is amended--
(1) in the paragraph heading, by striking ``Annual report'' and inserting ``Report'';
(2) in the matter preceding subparagraph (A), by striking
``Not later than 2 years after the date of enactment of this Act, and annually thereafter'' and inserting ``Not later than 2 years after the date of enactment of the Fishery Failures: Urgently Needed Disaster Declarations Act, and biennially thereafter''; and
(3) in subparagraph (D), by striking ``the calendar year 2003'' and inserting ``the most recent''.
SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
(a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act of 1986 (16. U.S.C. 4107) is repealed.
(b) Technical Edit.--Section 3(k)(1) of the Small Business Act (15 U.S.C. 632(k)(1)) is amended by striking ``(as determined by the Secretary of Commerce under section 308(b) of the Interjurisdictional Fisheries Act of 1986)'' and inserting ``(as determined by the Secretary of Commerce under the Fishery Failures: Urgently Needed Disaster Declarations Act)''.
SEC. 5. BUDGET REQUESTS; REPORTS.
(a) Budget Request.--In the budget justification materials submitted to Congress in support of the budget of the Department of Commerce for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of Commerce shall include a separate statement of the amount requested to be appropriated for that fiscal year for outstanding unfunded fishery resource disasters.
(b) Driftnet Act Amendments of 1990 Report and Bycatch Reduction Agreements.--
(1) In general.--The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended--
(A) in section 202(h), by striking paragraph (3); and
(B) in section 206--
(i) by striking subsections (e) and (f); and
(ii) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively.
(2) Biennial report on international compliance.--Section 607 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826h) is amended--
(A) by inserting ``(a) In General.--'' before ``The Secretary'' and indenting appropriately; and
(B) by adding at the end the following:
``(b) Additional Information.--In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include--
``(1) a description of the actions taken to carry out the provisions of section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826), including--
``(A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available observer data, and specific plans for further action;
``(B) a list and description of any new fisheries developed by nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and
``(C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes; and
``(2) a description of the actions taken to carry out the provisions of section 202(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1822(h)).
``(c) Certification.--If, at any time, the Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (b)(1)(C), due to large scale drift net fishing, the Secretary shall certify that fact to the President. Such certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
______
SA 2724. Mr. BLUNT (for Mr. Van Hollen (for himself and Mr. Sasse)) proposed an amendment to the bill S. 3952, to require the imposition of sanctions with respect to foreign persons that have engaged in significant theft of trade secrets of United States persons, and for other purposes; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Intellectual Property Act of 2020''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THEFT OF
TRADE SECRETS OF UNITED STATES PERSONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the President shall submit to the appropriate congressional committees a report--
(A) identifying, for the 180-day period preceding submission of the report--
(i) any foreign person that has knowingly engaged in, or benefitted from, significant theft of trade secrets of United States persons, if the theft of such trade secrets is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States;
(ii) any foreign person that has provided significant financial, material, or technological support for, or goods or services in support of or to benefit significantly from, such theft;
(iii) any entity owned or controlled by, or that has acted or purported to act for or on behalf of, directly or indirectly, any foreign person identified under clause (i) or
(ii); and
(iv) any foreign person that is a chief executive officer or member of the board of directors of any foreign entity identified under clause (i) or (ii); and
(B) describing the nature, objective, and outcome of the theft of trade secrets each foreign person described in subparagraph (A)(i) engaged in or benefitted from; and
(C) assessing whether any chief executive officer or member of the board of directors described in clause (iv) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i) or (ii) of that subparagraph.
(2) Form of report.--Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(b) Authority to Impose Sanctions.--
(1) Sanctions applicable to entities.--In the case of a foreign entity identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the President shall impose one of the following:
(A) Blocking of property.--The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the entity if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) Inclusion on entity list.--The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States.
(2) Sanctions applicable to individuals.--In the case of an individual identified under subparagraph (A) of subsection
(a)(1) in the most recent report submitted under that subsection, the following shall apply:
(A) Blocking of property.--The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the individual if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) Visa ban; exclusion.--The Secretary of State shall deny a visa to the individual and revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), any visa or other documentation of the individual, and the Secretary of Homeland Security shall exclude the individual from the United States.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or (2)(A) of subsection (b) or any regulation, license, or order issued to carry out that paragraph shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President--
(1) determines that such a waiver is in the national interests of the United States; and
(2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.
(e) Termination of Sanctions.--Sanctions imposed under subsection (b) with respect to a foreign person identified in a report submitted under subsection (a) shall terminate if the President certifies to the appropriate congressional committees, before the termination takes effect, that the person is no longer engaged in the activity identified in the report.
(f) Exceptions.--
(1) Intelligence activities.--This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
(2) Law enforcement activities.--Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States.
(3) Exception to comply with international agreements.--Subsection (b)(2)(B) shall not apply with respect to the admission of an individual to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements.
(g) Exception Relating to Importation of Goods.--
(1) In general.--The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(2) Good defined.--In this paragraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
(2) Export administration regulations.--The term ``Export Administration Regulations'' means subchapter C of chapter VII of title 15, Code of Federal Regulations.
(3) Foreign entity.--The term ``foreign entity'' means an entity that is not a United States person.
(4) Foreign person.--The term ``foreign person'' means a person that is not a United States person.
(5) Trade secret.--The term ``trade secret'' has the meaning given that term in section 1839 of title 18, United States Code.
(6) Person.--The term ``person'' means an individual or entity.
(7) United states person.--The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or
(C) any person in the United States.
______
SA 2725. Mr. LEE submitted an amendment intended to be proposed to amendment SA 2724 proposed by Mr. Blunt (for Mr. Van Hollen (for himself and Mr. Sasse)) to the bill S. 3952, to require the imposition of sanctions with respect to foreign persons that have engaged in significant theft of trade secrets of United States persons, and for other purposes; which was ordered to lie on the table; as follows:
On page 3, line 22, of the amendment, insert ``, subject to subsection (h),'' after ``shall''.
On page 4, line 19, of the amendment, insert ``, subject to subsection (h),'' after ``shall''.
On page 6, line 4, of the amendment, insert ``, subject to subsection (h),'' after ``may''.
On page 6, line 12, of the amendment, strike ``Sanctions'' and insert ``Subject to subsection (h), sanctions''.
On page 8 of the amendment, between lines 3 and 4, insert the following:
(h) Congressional Review.--
(1) Submission to congress of proposed action.--
(A) In general.--Notwithstanding any other provision of this section or any other provision of law, before taking any action described in subparagraph (B), the President shall submit to Congress a report that describes the proposed action and the reasons for that action.
(B) Actions described.--An action described in this paragraph is an action--
(i) to impose sanctions under subsection (b) with respect to a person; or
(ii) to waive under subsection (d) or terminate under subsection (e) the application of any such sanctions.
(2) Period for review by congress.--
(A) In general.--During the period of 45 calendar days beginning on the date on which the President submits a report under paragraph (1)(A), the appropriate congressional committees should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report.
(B) Limitation on actions during initial congressional review period.--Notwithstanding any other provision of law, during the period for congressional review provided for under subparagraph (A) of a report submitted under paragraph (1)(A) proposing an action described in paragraph (1)(B), the President may not take that action.
(C) Limitation on actions during congressional reconsideration of a joint resolution of disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under paragraph (1)(A) proposing an action described in paragraph (1)(B) passes both Houses of Congress in accordance with paragraph (3), and the President vetoes the joint resolution, the President may not take that action for a period of 10 calendar days after the date of the President's veto.
(D) Effect of enactment of a joint resolution of disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under paragraph (1)(A) proposing an action described in paragraph (1)(B) is enacted in accordance with paragraph (3), the President may not take that action.
(3) Joint resolutions of disapproval.--
(A) Joint resolution of disapproval defined.--In this subsection, the term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress--
(i) the title of which is as follows: ``A joint resolution disapproving the President's proposal to take an action relating to the application of certain sanctions with respect to the theft of trade secrets of United States persons.''; and
(ii) the sole matter after the resolving clause of which is the following: ``Congress disapproves of the action relating to the application of sanctions imposed with respect to the theft of trade secrets of United States persons proposed by the President in the report submitted to Congress under section 2(h)(1)(A) of the Protecting American Intellectual Property Act of 2020 on _______ relating to ________.'', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
(B) Introduction.--During the period of 45 calendar days provided for under paragraph (2)(A), a joint resolution of disapproval may be introduced in the House of Representatives or the Senate by any Member.
(C) Floor consideration in house of representatives.--
(i) Reporting and discharge.--If a committee of the House of Representatives to which a joint resolution of disapproval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar.
(ii) Proceeding to consideration.--On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution of disapproval that has appeared on the calendar for at least 3 calendar days to call up that join resolution for immediate consideration in the House without intervention of any point of order.
(iii) Period for debate.--When called up, a joint resolution of disapproval shall be considered as read and shall be debatable for 2 hours equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion.
(iv) Vote on final passage.--It shall not be in order to reconsider the vote on passage of a joint resolution of disapproval. If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day.
(D) Consideration in the senate.--
(i) Reporting and discharge.--If the committee of the Senate to which a joint resolution of disapproval was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be automatically discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.
(ii) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the committee of the Senate to which a joint resolution of disapproval was referred reports the joint resolution of disapproval to the Senate or has been discharged from consideration of such a joint resolution
(even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.
(iii) Floor consideration.--A joint resolution of disapproval shall be subject to 10 hours of debate, to be divided evenly between proponents and opponents of the resolution.
(iv) Amendments.--No amendments shall be in order with respect to a joint resolution of disapproval.
(v) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of disapproval shall be decided without debate.
(vi) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(E) Rules relating to senate and house of representatives.--
(i) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a joint resolution of disapproval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action):
(I) The joint resolution shall be referred to the appropriate committees.
(II) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
(III) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(IV) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
(ii) Treatment of house joint resolution in senate.--
(I) Receipt before passage.--If, before the passage by the Senate of a joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:
(aa) That joint resolution shall not be referred to a committee and shall be placed on the appropriate calendar.
(bb) With respect to that joint resolution--
(AA) the procedure in the Senate shall be as described in clauses (ii) through (v) of subparagraph (D); but
(BB) the vote on passage shall be on the joint resolution from the House of Representatives.
(II) Receipt after passage.--If, following passage of a joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.
(III) No companion measure.--If a joint resolution of disapproval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures described in subparagraph (D) shall apply to the House joint resolution.
(iii) Application to revenue measures.--The provisions of this subparagraph shall not apply in the House of Representatives to a joint resolution of disapproval that is a revenue measure.
(F) Rules of house of representatives and senate.--This paragraph is enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and
(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
Mr. LANKFORD. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SCOTT of South Carolina. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Lankford). Without objection, it is so ordered.
____________________
