[Congressional Record Volume 166, Number 217 (Sunday, December 20, 2020)]
[Senate]
[Pages S7868-S7871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      FISHERY FAILURES: URGENTLY NEEDED DISASTER DECLARATIONS ACT

  Mr. BLUNT. Mr. President, as if in legislative session, I ask 
unanimous consent that the Senate proceed to the immediate 
consideration of Calendar No. 586, S. 2346.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2346) to improve the Fishery Resource Disaster 
     Relief program of the National Marine Fisheries Service, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof 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 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

[[Page S7869]]

       ``(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.--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 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 complete 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 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.--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

[[Page S7870]]

     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.--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 fishermen 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 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.--
       ``(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 Disaster Fund 
     appropriated under this subsection shall be a tax exempt 
     fund.''.

     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

[[Page S7871]]

     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)).''.
       (c) Report on Efforts to Prepare and Adapt United States 
     Fishery Management for the Impacts of Climate Change.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, 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.

  Mr. BLUNT. I ask unanimous consent that the committee-reported 
substitute be withdrawn; that the Wicker substitute at the desk be 
agreed to; and that the bill, as amended, be considered read a third 
time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 2723) in the nature of a substitute was agreed to 
as follows:
  (Purpose: In the nature of a substitute.)
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. BLUNT. I know of no further debate on the bill.
  The PRESIDING OFFICER. Is there further debate on the bill?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 2346), as amended, was passed.
  Mr. BLUNT. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________