118 HR 5103 IH: Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act U.S. House of Representatives 2023-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5103IN THE HOUSE OF REPRESENTATIVESAugust 1, 2023Mr. Donalds (for himself, Mrs. Peltola, Mr. Bilirakis, Mr. Moskowitz, Mr. Dunn of Florida, Mr. Carter of Louisiana, Mr. Nehls, Mr. Moylan, Mr. Rutherford, Mr. Webster of Florida, Mrs. Luna, Mrs. Radewagen, and Mr. Mast) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo require the Director of the Office of Management and Budget to approve or deny spend plans within a certain amount of time, and for other purposes.

1.

Short title

This Act may be cited as the Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act.

2.

Approval or denial of spend plans

(a)

In general

Notwithstanding any other provision of law, in the case of a spend plan submitted to the Director by the Secretary for approval by the Director pursuant to section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)), the Director shall approve or deny such spend plan not later than 30 days after the date on which the Secretary submits such spend plan to the Director for approval.(b)

Denial of spend plan

(1)

In general

If the Director denies a spend plan under subsection (a) or paragraph (3) of this subsection, the Director shall, not later than 15 days after the date of such denial, return such denied spend plan to the Secretary with a description of the changes to such denied spend plan that are necessary for the Director to approve such denied spend plan.(2)

Resubmission of spend plan

Upon receipt of a denied spend plan under paragraph (1), the Secretary, in consultation with the relevant requester with an affirmative fishery resource disaster determination of the spend plan, shall make the necessary changes to such spend plan described by the Director under paragraph (1) and resubmit such spend plan to the Director for approval.(3)

Review of resubmitted spend plan

Not later than 15 days after the date of the receipt of a spend plan under paragraph (2), the Director shall approve or deny such spend plan.(c)

Approval of spend plan

If the Director approves a spend plan under subsection (a) or subsection (b)(3), the Director shall—(1)make such approval publicly available on the website of the Office of Management and Budget; and(2)include in such approval—(A)the date on which communication regarding such spend plan was initiated between the Director and the Secretary;(B)if applicable—(i)the date of each denial of such spend plan under subsection (a) and subsection (b)(3); and(ii)the date of each resubmission of such spend plan under subsection (b)(2); and(C)the date on which the Director approved such spend plan.(d)

Definitions

In this section:(1)

Affirmative fishery resource disaster determination

The term affirmative fishery resource disaster determination means a determination by the Secretary under section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) that a fishery resource disaster has occurred.(2)

Fishery resource disaster

The term fishery resource disaster has the meaning given the term in section 312(a)(1)(C) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)(1)(C)).(3)

Director

The term Director means the Director of the Office of Management and Budget.(4)

Secretary

The term Secretary means the Secretary of Commerce.(5)

Spend plan

The term spend plan means a spend plan submitted to the Secretary under section 312(a)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)(6)(D)) by a requester with an affirmative fishery resource disaster determination.